Constitutional History of England, Henry VII to George II. Volume 2 of 3Hallam, Henry
History
Constitutional History of England, Henry VII to George II. Volume 2 of 3
Hallam, Henry
Constitutional history -- Great Britain
After laying this solid foundation for the maintenance of such laws as
they might deem necessary, the house of commons proceeded to cut away
the more flagrant and recent usurpations of the Crown. They passed a
bill declaring ship-money illegal, and annulling the judgment of the
exchequer chamber against Mr. Hampden.[166] They put an end to another
contested prerogative, which, though incapable of vindication on any
legal authority, had more support from a usage of fourscore years, the
levying of customs on merchandise. In an act granting the king tonnage
and poundage, it is declared and enacted that it is, and hath been,
the ancient right of the subjects of this realm, that no subsidy,
custom, impost, or other charge whatsoever, ought or may be laid or
imposed upon any merchandise exported or imported by subjects,
denizens or aliens, without common consent in parliament.[167] This is
the last statute that has been found necessary to restrain the Crown
from arbitrary taxation, and may be deemed the complement of those
numerous provisions which the virtue of ancient times had extorted
from the first and third Edwards.
Yet these acts were hardly so indispensable, nor wrought so essential
a change in the character of our monarchy, as that which abolished the
star-chamber. Though it was evident how little the statute of Henry
VII. could bear out that overweening power it had since arrogated,
though the statute-book and parliamentary records of the best ages
were irrefragable testimonies against its usurpations; yet the course
of precedents under the Tudor and Stuart families were so invariable
that nothing more was at first intended than a bill to regulate that
tribunal. A suggestion, thrown out, as Clarendon informs us, by one
not at all connected with the more ardent reformers, led to the
substitution of a bill for taking it altogether away.[168] This
abrogates all exercise of jurisdiction, properly so called, whether of
a civil or criminal nature, by the privy-council, as well as the
star-chamber. The power of examining and committing persons charged
with offences is by no means taken away; but, with a retrospect to the
language held by the judges and Crown lawyers in some cases that have
been mentioned, it is enacted that every person committed by the
council or any of them, or by the king's special command, may have his
writ of habeas corpus; in the return to which, the officer in whose
custody he is shall certify the true cause of his commitment, which
the court, from whence the writ has issued, shall within three days
examine, in order to see whether the cause thus certified appear to be
just and legal or not, and do justice accordingly by delivering,
bailing, or remanding the party. Thus fell the great court of
star-chamber; and with it the whole irregular and arbitrary practice
of government, that had for several centuries so thwarted the
operation and obscured the light of our free constitution, that many
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