Constitutional History of England, Henry VII to George II. Volume 2 of 3 — John Shaqi
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 presumption of common lawyers, and the difficulties they threw in
the way of the church and Crown, are frequent themes with the two
correspondents. "The church," says Laud, "is so bound up in the forms
of the common law, that it is not possible for me or for any man to do
that good which he would, or is bound to do. For your lordship sees,
no man clearer, that they which have gotten so much power in and over
the church will not let go their hold; they have indeed fangs with a
witness, whatsoever I was once said in passion to have."[88] Strafford
replies: "I know no reason but you may as well rule the common lawyers
in England as I, poor beagle, do here; and yet that I do, and will do,
in all that concerns my master, at the peril of my head. I am
confident that the king, being pleased to set himself in the business,
is able, by his wisdom and ministers, to carry any just and honourable
action through all imaginary opposition, for real there can be none;
that to start aside for such panic fears, fantastic apparitions as a
Prynne or an Eliot shall set up, were the meanest folly in the whole
world; that the debts of the Crown being taken off, you may govern as
you please; and most resolute I am that work may be done without
borrowing any help forth of the king's lodgings, and that it is as
downright a _peccatum ex te_ Israel as ever was, if all this be not
affected with speed and ease."[89]--Strafford's indignation at the
lawyers breaks out on other occasions. In writing to Lord Cottington,
he complains of a judge of assize who had refused to receive the
king's instructions to the council of the North in evidence, and
beseeches that he may be charged with this great misdemeanour before
the council-board. "I confess," he says, "I disdain to see the gownmen
in this sort hang their noses over the flowers of the crown."[90] It
was his endeavour in Ireland, as well as in Yorkshire, to obtain the
right of determining civil suits. "I find," he says, "that my Lord
Falkland was restrained by proclamation not to meddle in any cause
between party and party, which did certainly lessen his power
extremely: I know very well the common lawyers will be passionately
against it, who are wont to put such a prejudice upon all other
professions, as if none were to be trusted or capable to administer
justice but themselves; yet how well this suits with monarchy, when
they monopolise all to be governed by their year-books, you in England
have a costly experience; and I am sure his majesty's absolute power
is not weaker in this kingdom, where hitherto the deputy and
council-board have had a stroke with them."[91] The king indulged him
in this, with a restriction as to matters of inheritance.
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