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
[164] 4 E. 3, c. 14. It appears by the Journals, 30th Dec. 1640, that
the Triennial Bill was originally for the yearly holding of
parliaments. It seems to have been altered in the committee; at least
we find the title changed, Jan. 19.
[165] _Parl. Hist._ 702, 717; Stat. 16 Car. I, c. 1.
[166] C. 14.
[167] C. 8. The king had professed, in Lord-Keeper Finch's speech on
opening the parliament of April 1640, that he had only taken tonnage
and poundage _de facto_, without claiming it as a right, and had
caused a bill to be prepared, granting it to him from the commencement
of his reign. _Parl. Hist._ 533. See preface to Hargrave's _Collection
of Law Tracts_, p. 195, and Rymer, xx. 118, for what Charles did with
respect to impositions on merchandise. The long parliament called the
farmers to account.
[168] 16 Car. I, c. 10. The abolition of the star-chamber was first
moved (March 5th, 1641) by Lord Andover, in the House of Lords, to
which he had been called by writ. Both he and his father, the Earl of
Berkshire, were zealous royalists during the subsequent war. _Parl.
Hist._ 722. But he is not, I presume, the person to whom Clarendon
alludes. This author insinuates that the act for taking away the
star-chamber passed both houses without sufficient deliberation, and
that the peers did not venture to make any opposition; whereas there
were two conferences between the houses on the subject, and several
amendments and provisos made by the Lords, and agreed by the Commons.
Scarce any bill, during this session, received so much attention. The
king made some difficulty about assenting to the bills taking away the
star-chamber and high-commission courts, but soon gave way. _Parl.
Hist._ 853.
[169] Coke has strongly argued the illegality of fining and
imprisoning by the high commission. 4th Inst. 324. And he omitted this
power in a commission he drew, "leaving us," says Bishop Williams,
"nothing but the old rusty sword of the church, excommunication."
Cabala, p. 103. Care was taken to restore this authority in the reign
of Charles.
[170] 16 Car. I, c. 11.
[171] Hyde distinguished himself as chairman of the committee which
brought in the bill for abolishing the court of York. In his speech on
presenting this to the Lords, he alludes to the tyranny of Strafford,
not rudely, but in a style hardly consistent with that of his
_History_. _Parl. Hist._ 766. The editors of this, however, softened a
little what he did say in one or two places; as where he uses the word
_tyranny_, in speaking of Lord Mountnorris's case.
[172] C. 15.
[173] C. 19, 20.
[174] C. 16.
[175] C. 28.
[176] Journals, 16th Dec.; _Parl. Hist._ 968; Nalson, 750. It is
remarkable that Clarendon, who is sufficiently jealous of all that he
thought encroachment in the Commons, does not censure their explicit
assertion of this privilege. He lays the blame of the king's
interference on St. John's advice; which is very improbable.
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