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
_Act giving proclamations the force of law._--Henry's two divorces had
created an uncertainty as to the line of succession, which parliament
endeavoured to remove, not by such constitutional provisions in
concurrence with the Crown as might define the course of inheritance,
but by enabling the king, on failure of issue by Jane Seymour or any
other lawful wife, to make over and bequeath the kingdom to any persons
at his pleasure, not even reserving a preference to the descendants of
former sovereigns.[42] By a subsequent statute, the Princesses Mary and
Elizabeth were nominated in the entail, after the king's male issue,
subject, however, to such conditions as he should declare, by
non-compliance with which their right was to cease.[43] This act still
left it in his power to limit the remainder at his discretion. In
execution of this authority, he devised the crown, upon failure of issue
from his three children, to the heirs of the body of Mary Duchess of
Suffolk, the younger of his two sisters; postponing at least, if not
excluding, the royal family of Scotland, descended from his elder sister
Margaret. In surrendering the regular laws of the monarchy to one man's
caprice, this parliament became accessary, so far as in it lay, to
dispositions which might eventually have kindled the flames of civil
war. But it seemed to aim at inflicting a still deeper injury on future
generations, in enacting that a king, after he should have attained the
age of twenty-four years, might repeal any statutes made since his
accession.[44] Such a provision not only tended to annihilate the
authority of a regency, and to expose the kingdom to a sort of
anarchical confusion during its continuance, but seemed to prepare the
way for a more absolute power of abrogating all acts of the legislature.
Three years afterwards it was enacted that proclamations made by the
king and council, under penalty of fine and imprisonment, should have
the force of statutes, so that they should not be prejudicial to any
person's inheritance, offices, liberties, goods, and chattels, or
infringe the established laws. This has been often noticed as an
instance of servile compliance. It is, however, a striking testimony to
the free constitution it infringed, and demonstrates that the
prerogative could not soar to the heights it aimed at, till thus imped
by the perfidious hand of parliament. It is also to be observed, that
the power given to the king's proclamations is considerably limited.[45]
Public-domain text, read in full here on John Shaqi.
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