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
protestation against all that should be done in the House of Lords
during their compelled absence through fear of the populace; a protest
not perhaps entirely well expressed, but abundantly justifiable in its
argument by the plainest principles of law.[239] These great abuses of
power, becoming daily more frequent, as they became less excusable,
would make a sober man hesitate to support them in a civil war,
wherein their success must not only consummate the destruction of the
Crown, the church, and the peerage, but expose all who had dissented
from their proceedings, as it ultimately happened, to an oppression
less severe perhaps, but far more sweeping, than that which had
rendered the star-chamber odious.
But it may reasonably also be doubted whether, in staking their own
cause on the perilous contingencies of war, the House of Commons did
not expose the liberties for which they professedly were contending,
to a far greater risk than they could have incurred even from peace
with an insidious court. For let any one ask himself what would have
been the condition of the parliament, if by the extension of that
panic which in fact seized upon several regiments, or by any of those
countless accidents which determine the fate of battles, the king had
wholly defeated their army at Edgehill? Is it not probable, nay, in
such a supposition, almost demonstrable, that in those first days of
the civil war, before the parliament had time to discover the extent
of its own resources, he would have found no obstacle to his triumphal
entry into London? And, in such circumstances, amidst the defection
of the timid and lukewarm, the consternation of the brawling
multitude, and the exultation of his victorious troops, would the
triennial act itself, or those other statutes which he had very
reluctantly conceded, have stood secure? Or, if we believe that the
constitutional supporters of his throne, the Hertfords, the Falklands,
the Southamptons, the Spencers, would still have had sufficient
influence to shield from violent hands that palladium which they had
assisted to place in the building, can there be a stronger argument
against the necessity of taking up arms for the defence of liberties,
which, even in the contingency of defeat, could not have been
subverted?
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