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
_Instances of illegal proclamations not numerous._--Those
encroachments on the legislative supremacy of parliament, and on the
personal rights of the subject, by means of proclamations issued from
the privy council, which had rendered former princes of both the Tudor
and Stuart families almost arbitrary masters of their people, had
fallen with the odious tribunal by which they were enforced. The king
was restored to nothing but what the law had preserved to him. Few
instances appear of illegal proclamations in his reign. One of these,
in 1665, required all officers and soldiers who had served in the
armies of the late usurped powers to depart the cities of London and
Westminster, and not to return within twenty miles of them before the
November following. This seems connected with the well-grounded
apprehension of a republican conspiracy.[10] Another, immediately
after the fire of London, directed the mode in which houses should be
rebuilt, and enjoined the lord mayor and other city magistrates to
pull down whatsoever obstinate and refractory persons might presume to
erect upon pretence that the ground was their own; and especially that
no houses of timber should be erected for the future.[11] Though the
public benefit of this restriction, and of some order as to the
rebuilding of a city which had been destroyed in great measure through
the want of it, was sufficiently manifest, it is impossible to justify
the tone and tenor of this proclamation; and more particularly as the
meeting of parliament was very near at hand. But an act having passed
therein for the same purpose, the proclamation must be considered as
having had little effect. Another instance, and far less capable of
extenuation, is a proclamation for shutting up coffee-houses, in
December 1675. I have already mentioned this as an intended measure of
Lord Clarendon. Coffee-houses were all at that time subject to a
licence, granted by the magistrates at quarter sessions. But, the
licences having been granted for a certain time, it was justly
questioned whether they could in any manner be revoked. This
proclamation being of such disputable legality, the judges, according
to North, were consulted, and intimating to the council that they were
not agreed in opinion upon the most material questions submitted to
them, it seemed advisable to recall it.[12] In this essential matter
of proclamations, therefore, the administration of Charles II. is very
advantageously compared with that of his father; and considering at
the same time the entire cessation of impositions of money without
consent of parliament, we must admit that, however dark might be his
designs, there were no such general infringements of public liberty in
his reign as had continually occurred before the long parliament.
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