Constitutional History of England, Henry VII to George II. Volume 1 of 3Hallam, Henry
History
Constitutional History of England, Henry VII to George II. Volume 1 of 3
Hallam, Henry
Constitutional history -- Great Britain
_The English constitution not admitted to be an absolute
monarchy._--That the government of England was a monarchy, bounded by
law, far unlike the actual state of the principal kingdoms on the
Continent, appears to have been so obvious and fundamental a truth, that
flattery itself did not venture directly to contravene it. Hume has laid
hold of a passage in Raleigh's preface to his _History of the World_
(written indeed a few years later than the age of Elizabeth), as if it
fairly represented public opinion as to our form of government. Raleigh
says that Philip II. "attempted to make himself not only an absolute
monarch over the Netherlands, like unto the kings and sovereigns of
England and France; but, Turk-like, to tread under his feet all their
national and fundamental laws, privileges, and ancient rights." But who,
that was really desirous of establishing the truth, would have brought
Raleigh into court as an unexceptionable witness on such a question?
Unscrupulous ambition taught men in that age who sought to win or regain
the Crown's favour, to falsify all law and fact in behalf of
prerogative, as unblushingly as our modern demagogues exaggerate and
distort the liberties of the people.[457] The sentence itself, if
designed to carry the full meaning that Hume assigns to it, is little
better than an absurdity. For why were the rights and privileges of the
Netherlands more fundamental than those of England? and by what logic
could it be proved more Turk-like to impose the tax of the twentieth
penny, or to bring Spanish troops into those provinces, in contravention
of their ancient charters, than to transgress the Great Charter of this
kingdom, with all those unrescinded statutes and those traditional
unwritten liberties which were the ancient inheritance of its subjects?
Or could any one, conversant in the slightest degree with the two
countries, range in the same class of absolute sovereigns the kings of
France in England? The arbitrary acts of our Tudor princes, even of
Henry VIII., were trifling in comparison of the despotism of Francis I.
and Henry II., who forced their most tyrannical ordinances down the
throats of the parliament of Paris with all the violence of military
usurpers. No permanent law had ever been attempted in England, nor any
internal tax imposed, without consent of the people's representatives.
No law in France had ever received such consent; nor had the taxes,
enormously burthensome as they were in Raleigh's time, been imposed, for
one hundred and fifty years past, by any higher authority than a royal
ordinance. If a few nobler spirits had protested against the excessive
despotism of the house of Valois; if La Boetie had drunk at the springs
of classical republicanism; if Hottoman had appealed to the records of
their freeborn ancestry that surrounded the throne of Clovis; if Languet
had spoken in yet a bolder tone of a rightful resistance to
tyranny;[458] if the jesuits and partisans of the League had cunningly
Public-domain text, read in full here on John Shaqi.
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