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
under usurped power falls not on the English people, but on its natural
leaders. We have seen, indeed, that the House of Commons now and then
gave signs of an independent spirit, and occasioned more trouble, even
to Henry VIII., than his compliant nobility. They yielded to every
mandate of his imperious will; they bent with every breath of his
capricious humour; they are responsible for the illegal trial, for the
iniquitous attainder, for the sanguinary statute, for the tyranny which
they sanctioned by law, and for that which they permitted to subsist
without law. Nor was this selfish and pusillanimous subserviency more
characteristic of the minions of Henry's favour, the Cromwells, the
Riches, the Pagets, the Russells, and the Powletts, than of the
representatives of ancient and honourable houses, the Norfolks, the
Arundels, and the Shrewsburies. We trace the noble statesmen of those
reigns concurring in all the inconsistencies of their revolutions,
supporting all the religions of Henry, Edward, Mary, and Elizabeth;
adjudging the death of Somerset to gratify Northumberland, and of
Northumberland to redeem their participation in his fault, setting up
the usurpation of Lady Jane, and abandoning her on the first doubt of
success, constant only in the rapacious acquisition of estates and
honours from whatever source, and in adherence to the present power.
_Jurisdiction of the council of star-chamber._--I have noticed in a
former work that illegal and arbitrary jurisdiction exercised by the
council, which, in despite of several positive statutes, continued in a
greater or less degree through all the period of the Plantagenet family,
to deprive the subject, in many criminal charges, of that sacred
privilege, trial by his peers.[72] This usurped jurisdiction, carried
much farther and exercised more vigorously, was the principal grievance
under the Tudors; and the forced submission of our forefathers was
chiefly owing to the terrors of a tribunal, which left them secure from
no infliction but public execution, or actual dispossession of their
freeholds. And, though it was beyond its direct province to pass
sentence on capital charges; yet, by intimidating jurors, it procured
convictions which it was not authorised to pronounce. We are naturally
astonished at the easiness with which verdicts were sometimes given
against persons accused of treason on evidence insufficient to support
the charge in point of law, or in its nature not competent to be
received, or unworthy of belief. But this is explained by the peril that
hung over the jury in case of acquittal. "If," says Sir Thomas Smith, in
his _Treatise on the Commonwealth of England_, "they do pronounce not
guilty upon the prisoner, against whom manifest witness is brought in,
the prisoner escapeth, but the twelve are not only rebuked by the
judges, but also threatened of punishment, and many times commanded to
appear in the star-chamber, or before the privy council, for the matter.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account