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 security of freehold rights had been the peculiar boast of the
English law. The very statute of Henry VIII., which has been held up
to so much infamy, while it gave the force of law to his
proclamations, interposed its barrier in defence of the subject's
property. The name of freeholder, handed down with religious honour
from an age when it conveyed distinct privileges, and as it were a
sort of popular nobility, protected the poorest man against the
Crown's and the lord's rapacity. He at least was recognised as the
_liber homo_ of Magna Charta, who could not be disseised of his
tenements and franchises. His house was his castle, which the law
respected, and which the king dared not enter. Even the public good
must give way to his obstinacy; nor had the legislature itself as yet
compelled any man to part with his lands for a compensation which he
was loath to accept. The council and star-chamber had very rarely
presumed to meddle with his right; never perhaps where it was
acknowledged and ancient. But now this reverence of the common law for
the sacredness of real property was derided by those who revered
nothing as sacred but the interests of the Church and Crown. The privy
council, on a suggestion that the demolition of some houses and shops
in the vicinity of St. Paul's would show the cathedral to more
advantage, directed that the owners should receive such satisfaction
as should seem reasonable; or on their refusal the sheriff was
required to see the buildings pulled down, "it not being thought fit
the obstinacy of those persons should hinder so considerable a
work."[46] By another order of council, scarcely less oppressive and
illegal, all shops in Cheapside and Lombard Street, except those of
goldsmiths, were directed to be shut up, that the avenue to St. Paul's
might appear more splendid; and the mayor and aldermen were repeatedly
threatened for remissness in executing this mandate of tyranny.[47]
In the great plantation of Ulster by James, the city of London had
received a grant of extensive lands in the county of Derry, on certain
conditions prescribed in their charter. The settlement became
flourishing, and enriched the city. But the wealth of London was
always invidious to the Crown, as well as to the needy courtiers. On
an information filed in the star-chamber for certain alleged breaches
of their charter, it was not only adjudged to be forfeited to the
king, but a fine of £70,000 was imposed on the city. They paid this
enormous mulct; but were kept out of their lands till restored by the
long parliament.[48] In this proceeding Charles forgot his duty
enough to take a very active share, personally exciting the court to
give sentence for himself.[49] Is it then to be a matter of surprise
or reproach, that the citizens of London refused him assistance in the
Scottish war, and through the ensuing times of confusion, harboured an
implacable resentment against a sovereign who had so deeply injured
them?
Public-domain text, read in full here on John Shaqi.
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