Constitutional History of England, Henry VII to George II. Volume 1 of 3 — John Shaqi
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
no one had made it as familiar as it has now become in the classic pages
of Professor Dicey. But Hallam was perfectly well aware that these
securities for the liberty of the subject were often abused, that the
sheriffs who empanelled the jury were often corrupt and the judges who
directed it were not infrequently servile; also that so long as the Star
Chamber existed no jury could venture to give a verdict of "not guilty"
in a prosecution by the crown without running the risk of being heavily
punished. He is not insensible to these abuses and to the length of time
it took to correct them, as the reader of the following pages will
discover for himself, and he attaches due weight to the constitutional
importance of the Act for the Abolition of the Star Chamber. But the
truth of his main contention (as expressed in his chapter on "The
English Constitution" in an earlier work[2]), that what chiefly
distinguished our constitution from that of other countries was the
"security for personal freedom and property" enjoyed by the subject, is
undeniable. It was not so much the possession of representative
institutions as the enjoyment of equal rights at common law that
constituted the Englishman's advantage. Maitland[3] has recently pointed
this out in language almost identical with that of Hallam when he
insists that "Parliaments" or "Estates" were in no way peculiar to
England; every country in Western Europe possessed them in the Middle
Ages, but what those countries did not possess was a great school of law
like the Inns of Court determined to uphold at all costs the claims of
the customary law of the nation against the despotic doctrines of the
civil law of Rome.
Hallam's attitude towards the constitution was that of Burke--he
regarded it with a veneration little short of superstition. He has
expressed himself in his earlier works in words which can hardly fail to
provoke a smile to-day:--
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