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
_Government of Edward VI.'s counsellors._--The ill-assorted body of
counsellors who exercised the functions of regency by Henry's testament,
were sensible that they had not sinews to wield his iron sceptre, and
that some sacrifice must be made to a nation exasperated as well as
overawed by the violent measures of his reign. In the first session
accordingly of Edward's parliament, the new treasons and felonies which
had been created to please his father's sanguinary disposition, were at
once abrogated.[47] The statute of Edward III. became again the standard
of high treason, except that the denial of the king's supremacy was
still liable to its penalties. The same act, which relieves the subject
from these terrors, contains also a repeal of that which had given
legislative validity to the king's proclamations. These provisions
appear like an elastic recoil of the constitution after the
extraordinary pressure of that despotic reign. But, however they may
indicate the temper of parliament, we must consider them but as an
unwilling and insincere compliance on the part of the government. Henry,
too arrogant to dissemble with his subjects, had stamped the law itself
with the print of his despotism. The more wily courtiers of Edward's
council deemed it less obnoxious to violate than to new-mould the
constitution. For, although proclamations had no longer the legal
character of statutes, we find several during Edward's reign enforced by
penalty of fine and imprisonment. Many of the ecclesiastical changes
were first established by no other authority, though afterwards
sanctioned by parliament. Rates were thus fixed for the price of
provisions; bad money was cried down, with penalties on those who should
buy it under a certain value, and the melting of the current coin
prohibited on pain of forfeiture.[48] Some of these might possibly have
a sanction from precedent, and from the acknowledged prerogative of the
crown in regulating the coin. But no legal apology can be made for a
proclamation in April 1549, addressed to all justices of the peace,
enjoining them to arrest sowers and tellers abroad of vain and forged
tales and lies, and to commit them to the galleys, there to row in
chains as slaves during the king's pleasure.[49] One would imagine that
the late statute had been repealed, as too far restraining the royal
power, rather than as giving it an unconstitutional extension.
Public-domain text, read in full here on John Shaqi.
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