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
We may advert in this place to some other stretches of power, which no
one can pretend to justify, though in general they seem to have
escaped notice amidst the enormous mass of national grievances. A
commission was issued in 1635, to the recorder of London and others,
to examine all persons going beyond seas, and tender to them an oath
of the most inquisitorial nature.[50] Certain privy-councillors were
empowered to enter the house of Sir Robert Cotton, and search his
books, records, and papers, setting down such as ought to belong to
the Crown.[51] This renders probable what we find in a writer who had
the best means of information, that Secretary Windebank, by virtue of
an order of council, entered Sir Edward Coke's house while he lay on
his death-bed, took away his manuscripts, together with his last will,
which was never returned to his family.[52] The high commission court
were enabled, by the king's "supreme power ecclesiastical," to examine
such as were charged with offences cognisable by them on oath, which
many had declined to take, according to the known maxims of English
law.[53]
It would be improper to notice as illegal or irregular the practice of
granting dispensations in particular instances, either from general
acts of parliament or the local statutes of colleges. Such a
prerogative, at least in the former case, was founded on long usage
and judicial recognition. Charles, however, transgressed its admitted
boundaries, when he empowered others to dispense with them as there
might be occasion. Thus, in a commission to the president and council
of the North, directing them to compound with recusants, he in effect
suspends the statute which provides that no recusant shall have a
lease of that portion of his lands which the law sequestered to the
king's use during his recusancy; a clause in this patent enabling the
commissioners to grant such leases notwithstanding any law or statute
to the contrary. This seems to go beyond the admitted limits of the
dispensing prerogative.[54]
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