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
These are the principal statutes which we owe to this parliament. They
give occasion to two remarks of no slight importance. In the first
place, it will appear, on comparing them with our ancient laws and
history, that they made scarce any material change in our constitution
such as it had been established and recognised under the house of
Plantagenet: the law for triennial parliaments even receded from those
unrepealed provisions of the reign of Edward III., that they should be
assembled annually. The court of star-chamber, if it could be said to
have a legal jurisdiction, traced it only to the Tudor period; its
recent excesses were diametrically opposed to the existing laws, and
the protestations of ancient parliaments. The court of ecclesiastical
commission was an offset of the royal supremacy, established at the
Reformation. The impositions on merchandise were both plainly illegal,
and of no long usage. That of ship-money was flagrantly, and by
universal confession, a strain of arbitrary power without pretext of
right. Thus, in by far the greater part of the enactments of 1641, the
monarchy lost nothing that it had anciently possessed; and the balance
of our constitution might seem rather to have been restored to its
former equipoise, than to have undergone any fresh change.
But those common liberties of England which our forefathers had, with
such commendable perseverance, extorted from the grasp of power,
though by no means so merely theoretical and nugatory in effect as
some would insinuate, were yet very precarious in the best periods,
neither well defined, nor exempt from anomalous exceptions, or from
occasional infringement. Some of them, such as the statute for annual
sessions of parliament, had gone into disuse. Those that were most
evident, could not be enforced; and the new tribunals that, whether by
law or usurpation, had reared their heads over the people, had made
almost all public and personal rights dependent on their arbitrary
will. It was necessary, therefore, to infuse new blood into the
languid frame, and so to renovate our ancient constitution that the
present æra should seem almost a new birth of liberty. Such was the
aim, especially, of those provisions which placed the return of
parliaments at fixed intervals beyond the power of the Crown to elude.
It was hoped that by their means, so long as a sense of public spirit
should exist in the nation (and beyond that time it is vain to think
of liberty), no prince, however able and ambitious, could be free from
restraint for more than three years; an interval too short for the
completion of arbitrary projects, and which few ministers would
venture to employ in such a manner as might expose them to the wrath
of parliament.
Public-domain text, read in full here on John Shaqi.
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