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
without alarm; and though he might derive more hope from those better
spirits who had withstood the prerogative in its exorbitance, as they
now sustained it in its decline, yet it could not be easy to foretell
that they would preserve sufficient influence to keep steady the
balance of power, in the contingency of any decisive success of the
royal arms.
But, on the other hand, the House of Commons presented still less
favourable prospects. We should not indeed judge over severely some
acts of a virtuous indignation in the first moments of victory,[231]
or those heats of debate, without some excesses of which a popular
assembly is in danger of falling into the opposite extreme of
phlegmatic security. But, after every allowance has been made, he must
bring very heated passions to the records of those times, who does not
perceive in the conduct of that body a series of glaring violations,
not only of positive and constitutional, but of those higher
principles which are paramount to all immediate policy. Witness the
ordinance for disarming recusants passed by both houses in August
1641, and that in November, authorising the Earl of Leicester to raise
men for the defence of Ireland without warrant under the great seal;
both manifest encroachments on the executive power;[232] and the
enormous extension of privilege, under which every person accused on
the slightest testimony of disparaging their proceedings, or even of
introducing new-fangled ceremonies in the church, a matter wholly out
of their cognisance, was dragged before them as a delinquent, and
lodged in their prison.[233] Witness the outrageous attempts to
intimidate the minority of their own body in the commitment of Mr.
Palmer, and afterwards of Sir Ralph Hopton, to the Tower, for such
language used in debate as would not have excited any observation in
ordinary times;--their continual encroachments on the rights and
privileges of the Lords, as in their intimation that, if bills thought
by them necessary for the public good should fall in the upper house,
they must join with the minority of the Lords in representing the same
to the king;[234] or in the impeachment of the Duke of Richmond for
words, and those of the most trifling nature, spoken in the upper
house;[235]--their despotic violation of the rights of the people, in
imprisoning those who presented or prepared respectful petitions in
behalf of the established constitution,[236] while they encouraged
those of a tumultuous multitude at their bar in favour of
innovation;[237]--their usurpation at once of the judicial and
legislative powers in all that related to the church, particularly by
their committee for scandalous ministers, under which denomination,
adding reproach to injury, they subjected all who did not reach the
standard of puritan perfection to contumely and vexation, and
ultimately to expulsion from their lawful property.[238] Witness the
impeachment of the twelve bishops for treason, on account of their
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