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 has been always reckoned among the most difficult problems in the
practical science of government, to combine an hereditary monarchy
with security of freedom, so that neither the ambition of kings shall
undermine the people's rights, nor the jealousy of the people overturn
the throne. England had already experience of both these mischiefs.
And there seemed no prospect before her, but either their alternate
recurrence, or a final submission to absolute power, unless by one
great effort she could put the monarchy for ever beneath the law, and
reduce it to an integrant portion instead of the primary source and
principle of the constitution. She must reverse the favoured maxim, "A
Deo rex, à rege lex;" and make the Crown itself appear the creature of
the law. But our ancient monarchy, strong in a possession of seven
centuries, and in those high and paramount prerogatives which the
consenting testimony of lawyers and the submission of parliaments had
recognised, a monarchy from which the House of Commons and every
existing peer, though not perhaps the aristocratic order itself,
derived its participation in the legislature, could not be bent to the
republican theories which have been not very successfully attempted in
some modern codes of constitution. It could not be held, without
breaking up all the foundations of our polity, that the monarchy
emanated from the parliament, or even from the people. But by the
revolution and by the act of settlement, the rights of the actual
monarch, of the reigning family, were made to emanate from the
parliament and the people. In technical language, in the grave and
respectful theory of our constitution, the Crown is still the fountain
from which law and justice spring forth. Its prerogatives are in the
main the same as under the Tudors and the Stuarts; but the right of
the house of Brunswick to exercise them can only be deduced from the
convention of 1688.
Public-domain text, read in full here on John Shaqi.
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