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
the great body of the country gentlemen and citizens, or to restrain
their murmurs by a few examples. Whether in consequence of this
unwillingness or for other reasons, the revenue levied in different
years under the head of ship-money is more fluctuating than we should
expect from a fixed assessment; but may be reckoned at an average sum
of £200,000.[38]
_Proclamations._--It would doubtless be unfair to pass a severe
censure on the government of Charles the First for transgressions of
law, which a long course of precedents might render dubious, or at
least extenuate. But this common apology for his administration, on
which the artful defence of Hume is almost entirely grounded, must be
admitted cautiously, and not until we have well considered how far
such precedents could be brought to support it. This is particularly
applicable to his proclamations. I have already pointed out the
comparative novelty of these unconstitutional ordinances, and their
great increase under James. They had not been fully acquiesced in; the
Commons had remonstrated against their abuse; and Coke, with other
judges, had endeavoured to fix limits to their authority, very far
within that which they arrogated. It can hardly, therefore, be said
that Charles's council were ignorant of their illegality; nor is the
case at all parallel to that of general warrants, or any similar
irregularity into which an honest government may inadvertently be led.
They serve at least to display the practical state of the
constitution, and the necessity of an entire reform in its spirit.
_Various arbitrary proceedings._--The proclamations of Charles's reign
are far more numerous than those of his father. They imply a
prerogative of intermeddling with all matters of trade, prohibiting or
putting under restraint the importation of various articles, and the
home growth of others, or establishing regulations for manufactures.[39]
Prices of several minor articles were fixed by proclamation, and in
one instance this was extended to poultry, butter, and coals.[40] The
king declares by a proclamation that he had incorporated all tradesmen
and artificers within London and three miles round; so that no person
might set up any trade without having served a seven years'
apprenticeship, and without admission into such corporation.[41] He
prohibits in like manner any one from using the trade of a maltster or
that of a brewer, without admission into the corporations of maltsters
or brewers erected for every county.[42] I know not whether these
projects were in any degree founded on the alleged pretext of
correcting abuses, or were solely designed to raise money by means of
these corporations. We find, however, a revocation of the restraint on
malting and brewing soon after. The illegality of these proclamations
is most unquestionable.
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