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
It is evident that the remissness of those with whom he was joined in
the administration, in not adopting or enforcing sufficiently
energetic measures, is the subject of the archbishop's complaint.
Neither he nor Strafford loved the treasurer Weston, nor Lord
Cottington, both of whom had a considerable weight in the council. But
it is more difficult to perceive in what respects the Thorough system
was disregarded. He cannot allude to the church, which he absolutely
governed through the high-commission court. The inadequate
punishments, as he thought them, imposed on the refractory, formed a
part, but not the whole, of his grievance. It appears to me that the
great aim of these two persons was to effect the subjugation of the
common lawyers. Some sort of tenderness for those constitutional
privileges, so indissolubly interwoven with the laws they
administered, adhered to the judges, even while they made great
sacrifices of their integrity at the instigation of the Crown. In the
case of habeas corpus, in that of ship-money, we find many of them
display a kind of half-compliance, a reservation, a distinction, an
anxiety to rest on precedents, which, though it did not save their
credit with the public, impaired it at court. On some more fortunate
occasions, as we have seen, they even manifested a good deal of
firmness in resisting what was urged on them. Chiefly, however, in
matter of prohibitions issuing from the ecclesiastical courts, they
were uniformly tenacious of their jurisdiction. Nothing could expose
them more to Laud's ill-will. I should not deem it improbable that he
had formed, or rather adopted from the canonists, a plan, not only of
rendering the spiritual jurisdiction independent, but of extending it
to all civil causes, unless perhaps in questions of freehold.[87]
Public-domain text, read in full here on John Shaqi.
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