The Constitutional History of England from the Accession of Henry VII to the Death of George II

Ancient Government of England-Limitations of Royal Authority-Difference in the effective Operation of these-Sketch of the State of Society and Law-Henry VII. -Statute for the Security of the Subject under a King de facto-Statute of FinesDiscussion of its Effect and Motive-Exactions of Money under Henry VII.-Taxes demanded by Henry VIII.—Illegal Exactions of Wolsey in 1523 and 1525—Acts of Parliament releasing the King from his Debts—A Benevolence again exacted-Oppressive Treatment of Reed-Severe and unjust Executions for Treason—Earl of Warwick-Earl of Suffolk-Duke of Buckingham-New Treasons created by Statute-Executions of Fisher and More-Cromwell-Duke of Norfolk-Anne Boleyn -Fresh Statutes enacting the Penalties of Treason—Act giving Proclamations the Force of Law-Government of Edward VI.'s Counsellors—Attainder of Lord Seymour and Duke of Somerset-Violence of Mary's Reign-The House of Commons recovers Part of its independent Power in these two Reigns-Attempt of the Court to strengthen itself by creating new Boroughs-Causes of the high Prerogative of the Tudors Jurisdiction of the Council of Star-Chamber-This not the same with the Court erected by Henry VII.-Influence of the Authority of the Star-Chamber in enhancing the Royal Power-Tendency of religious Disputes to the same End.

THE government of England, in all times recorded by history, CHAP. has been one of those mixed or limited monarchies which the I. Celtic and Gothic tribes appear universally to have established, Henry VII. in preference to the coarse despotism of eastern nations, or to

VOL. I.

to Mary.

CHAP. the more artificial tyranny of Rome and Constantinople, or to the I. various models of republican polity, which were tried upon the Henry VII. coasts of the Mediterranean Sea. It bore the same general fea

to Mary.

tures, it belonged, as it were, to the same family, as the governments of almost every European state, though less resembling, perhaps, that of France than any other. But in the course of many centuries, the boundaries which determined the sovereign's prerogative, and the people's liberty or power, having seldom been very accurately defined by law, or at least by such law as was deemed fundamental and unchangeable, the forms and principles of political regimen in these different nations became more divergent from each other, according to their peculiar dispositions, the revolutions they underwent, or the influence of personal character. England, more fortunate than the rest, had acquired in the fifteenth century a just reputation for the goodness of her laws, and the security of her citizens from oppression.

This liberty had been the slow fruit of ages, still waiting a happier season for its perfect ripeness, but already giving proof of the vigour and industry which had been employed in its culture. I have endeavoured, in a work of which this may in a certain degree be reckoned a continuation, to trace the leading events and causes of its progress. It will be sufficient in this place briefly to point out the principal circumstances in the polity of England at the accession of Henry VII.

The essential checks upon the royal authority were five in number.-1. The king could levy no sort of new tax upon his people, except by the grant of his parliament, consisting as well of bishops and mitred abbots, or lords spiritual, and of hereditary peers or temporal lords, who sat and voted promiscuously in the same chamber, as of representatives from the freeholders of each county, and from the burgesses of many towns and less considerable places, forming the lower or commons' house. 2. The previous assent and authority of the same assembly was necessary for every new law, whether of a general or temporary nature. 3. No man

to Mary.

could be committed to prison but by a legal warrant, specifying CHAP. his offence; and by an usage nearly tantamount to constitutional right, he must be speedily brought to trial by means of regular Henry VII. sessions of gaol-delivery. 4. The fact of guilt or innocence on a criminal charge was determined in a public court, and in the county where the offence was alleged to have occurred, by a jury of twelve men, from whose unanimous verdict no appeal could be made. Civil rights, so far as they depended on questions of fact, were subject to the same decision. 5. The officers and servants of the crown, violating the personal liberty or other right of the subject, might be sued in an action for damages, to be assessed by a jury, or, in some cases, were liable to criminal process; nor could they plead any warrant, or command in their justification, not even the direct order of the king.

These securities, though it would be easy to prove that they were all recognized in law, differed much in the degree of their effective operation. It may be said of the first, that it was now completely established. After a long contention, the kings of England had desisted for near a hundred years from every attempt to impose taxes without consent of parliament; and their recent device of demanding benevolences, or half-compulsory loans, though very oppressive, and on that account just abolished by an act of the late usurper, was in effect a recognition of the general principle, which it sought to elude rather than transgress.

The necessary concurrence of the two houses of parliament in legislation, though it could not be more unequivocally established than the former, had in earlier times been more free from all attempt or pretext of encroachment. We know not of any laws that were ever enacted by our kings without the assent and advice of their great council, though it is justly doubted, whether the representatives of the ordinary freeholders, or of the boroughs, had seats and suffrages in that assembly during seven or eight reigns after the conquest. They were ingrafted, however, upon

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The Constitutional History of England from the Accession of Henry VII to the ...