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
earlier date,[227] went to abrogate in spirit the whole existing
constitution, and were in truth so far beyond what the king could be
expected to grant, that terms, more intolerable were scarcely proposed
to him in his greatest difficulties, not at Uxbridge, nor at
Newcastle, nor even at Newport.
These famous propositions import that the privy council and officers
of state should be approved by parliament, and take such an oath as
the two houses should prescribe; that during the intervals of
parliament, no vacancy in the council should be supplied without the
assent of the major part, subject to the future sanction of the two
houses; that the education and marriages of the king's children should
be under parliamentary control; the votes of popish peers to be taken
away; the church government and liturgy be reformed as both houses
should advise; the militia and all fortified places put in such hands
as parliament should approve; finally, that the king should pass a
bill for restraining all peers to be made in future from sitting in
parliament, unless they be admitted with the consent of both houses. A
few more laudable provisions, such as that the judges should hold
their offices during good behaviour, which the king had long since
promised,[228] were mixed up with these strange demands. Even had the
king complied with such unconstitutional requisitions, there was one
behind, which, though they had not advanced it on this occasion, was
not likely to be forgotten. It had been asserted by the House of
Commons in their last remonstrance, that, on a right construction of
the old coronation oath, the king was bound to assent to all bills
which the two houses of parliament should offer.[229] It has been
said by some that this was actually the constitution of Scotland,
where the Crown possessed a counterbalancing influence; but such a
doctrine was in this country as repugnant to the whole history of our
laws, as it was incompatible with the subsistence of the monarchy in
anything more than a nominal pre-eminence.
Public-domain text, read in full here on John Shaqi.
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