Constitutional History of England, Henry VII to George II. Volume 3 of 3Hallam, Henry
History
Constitutional History of England, Henry VII to George II. Volume 3 of 3
Hallam, Henry
Constitutional history -- Great Britain
smuggling, to imprisonment without bail, though the offence itself
were in its nature bailable; to another, which made informations for
assault upon officers of the revenue triable in any county of England;
and to a yet more startling protection thrown round the same favoured
class, that the magistrates should be bound to admit them to bail on
charges of killing or wounding any one in the execution of their duty.
The bill itself was carried by no great majority; and the provisions
subsist at this day, or perhaps have received a further extension.
It will thus appear to every man who takes a comprehensive view of our
constitutional history, that the executive government, though shorn of
its lustre, has not lost so much of its real efficacy by the
consequences of the revolution as is often supposed; at least, that
with a regular army to put down insurrection, and an influence
sufficient to obtain fresh statutes of restriction, if such should
ever be deemed necessary, it is not exposed, in the ordinary course of
affairs, to any serious hazard. But we must here distinguish the
executive government, using that word in its largest sense, from the
Crown itself, or the personal authority of the sovereign. This is a
matter of rather delicate inquiry, but too material to be passed by.
_Diminution of personal authority of the Crown._--The real power of
the prince, in the most despotic monarchy, must have its limits from
nature, and bear some proportion to his courage, his activity, and his
intellect. The tyrants of the East become puppets or slaves of their
vizirs; or it turns to a game of cunning, wherein the winner is he who
shall succeed in tying the bow-string round the other's neck. After
some ages of feeble monarchs, the titular royalty is found wholly
separated from the power of command, and glides on to posterity in its
languid channel, till some usurper or conqueror stops up the stream
for ever. In the civilised kingdoms of Europe, those very
institutions which secure the permanence of royal families, and
afford them a guarantee against manifest subjection to a minister,
take generally out of the hands of the sovereign the practical
government of his people. Unless his capacities are above the level of
ordinary kings, he must repose on the wisdom and diligence of the
statesmen he employs, with the sacrifice, perhaps, of his own
prepossessions in policy, and against the bent of his personal
affections. The power of a king of England is not to be compared with
an ideal absoluteness, but with that which could be enjoyed in the
actual state of society by the same person in a less bounded monarchy.
Public-domain text, read in full here on John Shaqi.
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