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
foreign governments, which contributed not a little to deface our
constitution in the sixteenth century, seems deliberately to have been
introduced as part of the process in those dark and uncontrolled
tribunals which investigated offences against the state.[57] A
commission issued in 1557, authorising the persons named in it to
enquire, by any means they could devise, into charges of heresy or
other religious offences, and in some instances to punish the guilty, in
others of a graver nature to remit them to their ordinaries, seems (as
Burnet has well observed) to have been meant as a preliminary step to
bringing in the inquisition. It was at least the germ of the
high-commission court in the next reign.[58] One proclamation, in the
last year of her inauspicious administration, may be deemed a flight of
tyranny beyond her father's example; which, after denouncing the
importation of books filled with heresy and treason from beyond sea,
proceeds to declare that whoever should be found to have such books in
his possession should be reputed and taken for a rebel, and executed
according to martial law.[59] This had been provoked as well by a
violent libel written at Geneva by Goodman, a refugee, exciting the
people to dethrone the queen; as by the recent attempt of one Stafford,
a descendant of the house of Buckingham, who, having landed with a small
force at Scarborough, had vainly hoped that the general disaffection
would enable him to overthrow her government.[60]
_The House of Commons recovers part of its independent power in these
two reigns._--Notwithstanding, however, this apparently uncontrolled
career of power, it is certain that the children of Henry VIII. did not
preserve his almost absolute dominion over parliament. I have only met
with one instance in his reign where the Commons refused to pass a bill
recommended by the Crown. This was in 1532; but so unquestionable were
the legislative rights of parliament, that, although much displeased,
even Henry was forced to yield.[61] We find several instances during the
reign of Edward, and still more in that of Mary, where the Commons
rejected bills sent down from the upper house; and though there was
always a majority of peers for the government, yet the dissent of no
small number is frequently recorded in the former reign. Thus the
Commons not only threw out a bill creating several new treasons, and
substituted one of a more moderate nature, with that memorable clause
for two witnesses to be produced in open court, which I have already
mentioned;[62] but rejected one attainting Tunstal Bishop of Durham for
misprision of treason, and were hardly brought to grant a subsidy.[63]
Their conduct in the two former instances, and probably in the third,
must be attributed to the indignation that was generally felt at the
usurped power of Northumberland, and the untimely fate of Somerset.
Several cases of similar unwillingness to go along with court measures
occurred under Mary.
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