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
_Pretensions of the crown._--There was unfortunately a notion very
prevalent in the cabinet of Elizabeth, though it was not quite so
broadly or at least so frequently promulgated as in the following
reigns, that, besides the common prerogatives of the English Crown,
which were admitted to have legal bounds, there was a kind of paramount
sovereignty, which they denominated her absolute power, incident, as
they pretended, to the abstract nature of sovereignty, and arising out
of its primary office of preserving the state from destruction. This
seemed analogous to the dictatorial power, which might be said to reside
in the Roman senate, since it could confer it upon an individual. And we
all must, in fact, admit that self-preservation is the first necessity
of commonwealths as well as persons, which may justify, in Montesquieu's
poetical language, the veiling of the statues of liberty. Thus martial
law is proclaimed during an invasion, and houses are destroyed in
expectation of a siege. But few governments are to be trusted with this
insidious plea of necessity, which more often means their own security
than that of the people. Nor do I conceive that the ministers of
Elizabeth restrained this pretended absolute power, even in theory, to
such cases of overbearing exigency. It was the misfortune of the
sixteenth century to see kingly power strained to the highest pitch in
the two principal European monarchies. Charles V. and Philip II. had
crushed and trampled the ancient liberties of Castile and Arragon.
Francis I. and his successors, who found the work nearly done to their
hands, had inflicted every practical oppression upon their subjects.
These examples could not be without their effect on a government so
unceasingly attentive to all that passed on the stage of Europe.[462]
Nor was this effect confined to the court of Elizabeth. A king of
England, in the presence of absolute sovereigns, or perhaps of their
ambassadors, must always feel some degree of that humiliation with which
a young man, in check of a prudent father, regards the careless
prodigality of the rich heirs with whom he associates. Good sense and
elevated views of duty may subdue the emotion; but he must be above
human nature who is insensible to the contrast.
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