Constitutional History of England, Henry VII to George II. Volume 3 of 3 — John Shaqi
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
It may seem rather an extraordinary position, after the last chapters,
yet is strictly true, that the fundamental privileges of the subject
were less invaded, the prerogative swerved into fewer excesses, during
the reign of Charles II. than perhaps in any former period of equal
length. Thanks to the patriot energies of Selden and Eliot, of Pym and
Hampden, the constitutional boundaries of royal power had been so well
established that no minister was daring enough to attempt any flagrant
and general violation of them. The frequent session of parliament, and
its high estimation of its own privileges, furnished a security
against illegal taxation. Nothing of this sort has been imputed to the
government of Charles, the first King of England, perhaps, whose reign
was wholly free from such a charge. And as the nation happily escaped
the attempts that were made after the restoration, to revive the
star-chamber and high-commission courts, there was no means of
chastising political delinquencies, except through the regular
tribunals of justice, and through the verdict of a jury. Ill as the
one were often constituted, and submissive as the other might often be
found, they afforded something more of a guarantee, were it only by
the publicity of their proceedings, than the dark and silent divan of
courtiers and prelates who sat in judgment under the two former kings.
Though the bench was frequently subservient, the bar contained
high-spirited advocates, whose firm defence of their clients the
judges often reproved, but no longer affected to punish. The press,
above all, was in continual service. An eagerness to peruse cheap and
ephemeral tracts on all subjects of passing interest had prevailed
ever since the reformation. These had been extraordinarily multiplied
from the meeting of the long parliament. Some thousand pamphlets of
different descriptions, written between that time and the restoration,
may be found in the British Museum; and no collection can be supposed
to be perfect. It would have required the summary process and stern
severity of the court of star-chamber to repress this torrent, or
reduce it to those bounds which a government is apt to consider as
secure. But the measures taken with this view under Charles II.
require to be distinctly noticed.
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