The Constitutional History of England from the accession of Henry VII. to the death of George II ... Sixth edition

Preface

. The origin and progress of the English Constitution, down to the extinction of the house of Plantagenet, formed a considerable portion of a work published by me some years since, on the history, and especially the laws and institutions, of Europe during the period of the middle ages. It had been my first intention to have prosecuted that undertaking in a general continuation ; and when experience taught me to abandon a scheme projected early in life with very inadequate views of its magnitude, I still determined to carry forward the constitutional his tory of my own country, as both the most important to ourselves, and, in many respects, the most congenial to my own studies and habits of mind. The title which I have adopted appears to exclude all matter not referrible to the state of government, or what is loosely denominated the constitution. I have, therefore, generally abstained from mentioning, except cursorily, either a VI

PREFACE.

. military or political transactions, which do not seem to bear on this primary subject. It must, however, be evident, that the constitutional and general history of England, at some periods, nearly coincide ; and I presume that a few occa sional deviations of this nature will not be deemed unpardon able, especially where they tend, at least indirectly, to illustrate the main topic of inquiry. Nor will the reader, perhaps, be of opinion that I have forgotten my theme in those parts of the following work which relate to the establishment of the English church, and to the proceedings of the state with respect to those who have dissented from it ; facts certainly belonging to the history of our constitution, in the large sense of the word, and most important in their application to modern times, for which all knowledge of the past is principally valuable.

Still less apology can be required for a slight verbal inconsistency with the title of these volumes in the addition of two supplemental chapters on Scotland and Ire land. This indeed I mention less to obviate a criticism, which possibly might not be suggested, than to express my regret that, on account of their brevity, if for no other reasons, they are both so disproportionate to the interest and importance of their subjects. During the years that, amidst avocations of different kinds, have been occupied in the composition of this work, several others have been given to the world, and have attracted considerable attention, relating particularly to the periods of the Reformation and of the civil wars. It seems necessary to mention that I have read none of these, till after I had written such of the following pages as treat of the same subjects.

The three first chapters indeed were finished in 1820, before the appearance of those publications which have led to so much controversy as to the ecclesiastical history of the sixteenth century ; and I was equally unacquainted with Mr. Brodie's " History of the British Empire from the

PREFACE.

. VII Accession of Charles I. to the Restoration," while engaged myself on that period. I have, however, on a revision of the present work, availed myself of the valuable labours of recent authors, especially Dr. Lingard and Mr. Brodie ; and in several of my notes I have sometimes supported myself by their authority, sometimes taken the liberty to express my dissent ; but I have seldom thought it necessary to make more than a few verbal modifications in my text. It would, perhaps, not become me to offer any observations on these contemporaries ; but I cannot refrain from bearing testimony to the work of a distinguished foreigner, M. Guizot, " Histoire de la Revolution d'Angleterre, depuis l'Avenement de Charles I. jusqu'a la Chute de Jacques II.," the first volume of which was published in 1826.

The extensive knowledge of M. Guizot, and his remarkable impartiality, have already been displayed in his collection of memoirs illustrating that part of English history ; and I am much disposed to believe that if the rest of his present undertaking shall be completed in as satisfactory a manner as the first volume, he will be entitled to the preference above any one, perhaps, of our native writers, as a guide through the great period of the seventeenth century. In terminating the Constitutional History of England at the accession of George III., I have been influenced by un willingness to excite the prejudices of modern politics, especially those connected with personal character, which extend back through at least a large portion of that reign. It is indeed vain to expect that any comprehensive account of the two preceding centuries can be given without risking the disapprobation of those parties, religious or political, which originated during that period ; but as I shall hardly incur the imputation of being the blind zealot of any of these, I have little to fear, in this respect, from the dispassionate public, whose favour, both in this country and on the Conti- A

PREFACE.

. VIII nent, has been bestowed on my former work, with a liberality less due to any literary merit it may possess, than to a regard for truth, which will, I trust, be found equally cha racteristic of the present. June, 1827.

ADVERTISEMENT.

TO THE THIRD EDITION. The present edition has been revised, and some use made of recent publications. The note on the authenticity of the Icon Basilike, at the end of the second volume of the two former editions, has been withdrawn ; not from the slightest doubt in the author's mind as to the correctness of its argu ment ; but because a discussion of a point of literary criti cism, as this ought to be considered, seemed rather out of its place in the Constitutional History of England. April, 1832.

ADVERTISEMENT.

TO THE FIFTH EDITION JVlANY alterations and additions have been made in this edition, as well as some in that published in 1842. They are distinguished, when more than verbal, by brackets and by the date. January, 1846. The following Editions have been used for the References in these Volumes. Statutes at Large, by Ruifhead, except where the late edition of Statutes of the Realm is expressly quoted. State Trials, by Howell. Rymer's Fœdera, London, 20 vols. The paging of this edition is preserved in the margin of the Hague edition in 10 vols. Parliamentary History, new edition. Burnet's History of the Reformation, 3 vols. folio, 1681. Strype's Ecclesiastical Memorials, Annals of Reformation, and Lives of Archbishops Cranmer, Parker, Grindal, and Whitgift, folio. The paging of these editions is preserved in those lately published in 8vo.

Hall's Chronicles of England. Holingshed's Chronicles of England, Scotland, and Ireland. > The edition in 4to. published in 1808. J Somers Tracts by Sir Walter Scott, 13 vols. 4to. Harleian Miscellany, 8 vols. 4to. Neal's History of the Puritans, 2 vols. 4to. Bacon's Works, by Mallet, 3 vols. folio, 1753. Rennet's Complete History of England, 3 vols. folio, 1719. Wood's History of University of Oxford, by Gutch, 4 vols. 4to. Lingard's History of England, 10 vols. 8vo. Butler's Memoirs of English Catholics, 4 vols. 1819. Harris's Lives of James I., Charles I., Cromwell, and Charles IL, 5 vols. 1814. Clarendon's History of the Rebellion, 8 vols. 8vo. Oxf. 1826. It is to be regretted, that the editor has not preserved the paging of the folio in his margin, which is of great convenience in a book so frequently referred to ; and still more so, that he has not thought the true text worthy of a better place than the bottom of the page, leaving to the spurious readings the post of honour.

Clarendon's Life, sol. Rushworth Abridged, 6 vols. 8vo. 1703. This edition contains many additions from works published since the folio edition in 1680. Whitelock's Memorials, 1732. Memoirs of Col. Hutchinson, 4to. 1806. May's History of the Parliament, 4to. 1812. Baxter's Life, sol. Rapin's History of England, 3 vols. sol. 1732. Burnet's History of his own Times, 2 vols. sol. The paging of this edition is preserved in the margin of that printed at Oxford, 1823y which is sometimes quoted, and the text of which has always been followed. Life of William Lord Russell, by Lord John Russell, 4to. Temple's Works, 2 vols. sol. 1720. Coxe's Life of Marlborough, 3 vols. 4to. Coxe's Memoirs of Sir Robert Walpole, 3 vols. 4to. Robertson's History of Scotland, 2 vols. 8vo. 1794. Laing's History of Scotland, 4 vols. 8vo.

Dalrymple's Annals of Scotland, 2 vols. 4to. Leland's History of Ireland, 3 vols. 4to. Spenser's Account of State of Ireland, in 8th volume of Todd's edition of Spenser s Works. These are, I believe, almost all the works quoted in the following volumes, concerning which any uncertainty could arise from the mode of reference. CONTENTS OF THE FIRST VOLUME.

Chapter I. Ox The English Constitution From Henry VII

TO MART. Ancient Government of England — Limitations of Royal Authority — Difference in the eifective 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 Fines — Discussion of its Effect and Motive — Exactions of Money under Henry VII. — Taxes demanded by Henry VHI. — 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 - Page 1 CHAPTER n. ON THE ENGLISH CHURCH UNDER HENRY VIII., EDWARD VI., AND MARY.

State of Public Opinion as to Religion — Henry VTJI.'s Controversy with Luther — His Divorce from Catherine — Separation from the Church of Rome — Dissolution of Monasteries — Progress of the Reformed Doctrine in England — Its Establishment under Edward — Sketch of the chief Points of Difference between the two Religions — Opposition made by Part of the Nation — Cranmer — His Moderation in introducing Changes not acceptable to the Zealots — Mary — Persecution under her — Its Effect rather favourable to Protestantism CONTENTS. XII

Chapter III. On The Laws Of Elizabeth's Reign Respecting The Roman Catholics

Change of Religion on the Queen's Accession — Acts of Supremacy and Uniformity — Restraint of Roman Catholic Worship in the first Years of Elizabeth — Statute of 1562 — Speech of Lord Montague against it — This Act not fully enforced — Application of the Emperor in behalf of the English Catholics — Persecution of this Body in the ensuing Period — Uncertain Succession of the Crown between the Families of Scotland and Suffolk — The Queen's Unwillingness to decide this, or to marry — Imprisonment of Lady Catherine Grey — Mary Queen of Scotland — Combination in her Favour — Bull of Pius V. — Statutes for the Queen's Security — Catholics more rigorously treated — Refugees in the Netherlands — Their Hostility to the Government — Fresh Laws against the Catholic Worship — Execution of Campian and others — Defence of the Queen by Burleigh — Increased Severity of the Government — Mary — Plot in her Favour — Her Execution — Remarks upon it — Continued Persecution of Roman Catholics — General Observations ... Page 108

Chapter IV. On The Laws Of Elizabeth's Reign Respecting Protestant Non- Conformists

Origin of the Differences among the English Protestants — Religious Inclinations of the Queen — Unwillingness of many to comply with the established Ceremonies — Conformity enforced by the Archbishop — Against the Disposition of others — A more determined Opposition, about 1570, led by Cartwright — Dangerous Nature of his Tenets — Puritans supported in the Commons — and in some Measure by the Council — Prophesyings — Archbishops Grindal and Whitgift — Conduct of the latter in enforcing Conformity — High Commission Court — Lord Burleigh averse to Severity — Puritan Libels — ■ Attempt to set up a Presbyterian System — House of Commons averse to episcopal Authority — Independents liable to severe Laws — Hooker's Ecclesiastical Polity — its Character — Spoliation of Church Revenues — General Remarks — Letter of Walsingham in Defence of the Queen's Government - - - . 170

Chapter V. On The Civil Government Of Elizabeth

General Remarks — Defective Security of the Subject's Liberty — Trials for Treason and other Political Offences unjustly conducted — Illegal Commitments — Remonstrance of Judges against them — Proclamations unwarranted by Law — Restrictions on Printing — Martial Law — Loans of Money not quite voluntary — Character of Lord Burleigh's Administration — Disposition of the House of Commons — Addresses concerning the Succession — Difference on this between the Queen and Commons in 1566 —Session of 1571— Influence of the Puritans in Parliament — Speech of Mr. Wentworth in 1576 — The Commons continue to seek Redress of Ecclesiastical Grievances — also of Monopolies, especially in the Session CONTENTS. XIII of 1601 — Influence of the Crown in Parliament — Debate on Election of non-resident Burgesses — Assertion of Privileges by Commons — Case of Ferrers, under Henry VIII. — Other Cases of Privilege — Privilege of determining contested Elections claimed by the House — The English Constitution not admitted to be an Absolute Monarchy — Pretensions of the Crown - page 229

Chapter VI. On The English Constitution Under James

I. Quiet Accession of James — Question of his Title to the Crown — Legitimacy of the Earl of Hertford's Issue — Early Unpopularity of the King — Conduct towards the Puritans — Parliament convoked by an irregular Proclamation — Question of Fortescue and Goodwin's Election — Shirley's Case of Privilege — Complaints of Grievances — Commons' Vindication of themselves — Session of 1605 — Union with Scotland debated — Continual Bickerings between the Crown and Commons — Impositions on Merchandise without Consent of Parliament — Remonstrances against these in Session of 1610 — Doctrine of King's absolute Power inculcated by Clergy — Articuli Cleri — Cowell's Interpreter — Renewed Complaints of the Commons — Negotiation for giving up the Feudal Revenue — Dissolution of Parliament — Character of James — Death of Lord Salisbury — Foreign Politics of the Government — Lord Coke's Alienation from the Court — Illegal Proclamations — Means resorted to in order to avoid the Meeting of Parliament — Parliament of 1614 — Undertakers — It is dissolved without passing a single Act • — Benevolences — Prosecution of Peacham — Dispute about the Jurisdiction of the Court of Chancery — Case of Commendams — Arbitrary Proceedings in Star-Chamber — Arabella Stuart — Somerset and Overbury — Sir Walter Raleigh — Parliament of 1621 — Proceedings against Mompesson and Lord Bacon — Violence in the Case of Floyd — Disagreement between the King and Commons — Their Dissolution, after a strong Remonstrance — Marriage-Treaty with Spain — Parliament of 1 624 — Impeachment of Middlesex - - 285

Chapter VII. On The English Constitution From The Accession Of Charles

I. TO THE DISSOLUTION OF HIS THIRD PARLIAMENT. Parliament of 1625 — Its Dissolution — Another Parliament called — Prosecution of Buckingham — Arbitrary Proceedings towards the Earls of Arundel and Bristol — Loan demanded by the King — Several committed for Refusal to contribute — They sue for a Habeas Corpus — Arguments on this Question, which is decided against them — A Parliament called in 1628 — Petition of Right — King's Reluctance to grant it — Tonnage and Poundage disputed — King dissolves Parliament — Religious Differences — Prosecution of Puritans by Bancroft — Growth of High-Church Tenets ■ — Differences as to the Observance of Sunday — ■ Arminian Controversy — State of Catholics under James — Jealousy of the Court's Favour towards them — Unconstitutional Tenets promulgated by the High-Church Party — General Remarks ..... CONTENTS. XIV

Chapter VIII. From The Dissolution Of Charles's Third Parliament To The Meeting

OF THE LONG PARLIAMENT. Declaration of the King after the Dissolution — Prosecutions of Eliot and others for Conduct in Parliament — Of Chambers for refusing to pay Customs— Commendable Behaviour of Judges in some instances— Means adopted to raise the Revenue — Compositions for Knighthood — ■ Forest Laws — -Monopolies — Ship-Money — Extension of it to Inland Places — Hampden's Refusal to pay — Arguments on the Case — Proclamations — Various arbitrary Proceedings — Star-Chamber Jurisdiction — Punishments inflicted by it — Cases of Bishop Williams, Prynne, &c. — Laud, his Character — Lord Strafford — Correspondence between these two — Conduct of Laud in the Church-Prosecution of Puritans — Favour shown to Catholics — Tendency to their Religion — Expectations entertained by them — Mission of Panzani — Intrigue of Bishop Montague with him — Chillingworth — Hales — Character of Clarendon's Writings — Animadversions on his Account of this Period — Scots Troubles, and Distress of the Government — Parliament of April, 1640 — Council of York — Convocation of Long Parliament .... Page 420

Chapter IX. From The Meeting Of The Long Parliament To The Beginning

OF THE CIVIL WAR. Character of Long Parliament — Its salutary Measures — Triennial Bill — Other beneficial Laws — Observations — Impeachment of Strafford — Discussion of its Justice — Act against Dissolution of Parliament without its Consent — Innovations meditated in the Church — Schism in the Constitutional Party — Remonstrance of November, 1641 — Suspicions of the King's Sincerity — Question of the Militia — Historical Sketch of Military Force in England — Incroachments of the Parliament — Nineteen Propositions — Discussion of the respective Claims of the two Parties to Support — Faults of both - - - . -513

Chapter X. From The Breaking Out Of The Civil War To The

RESTORATION. TART I. Success of the King in the first part of the War — Efforts by the Moderate Party for Peace— Affair at Brentford— Treaty of Oxford — Impeachment of the Queen — Waller's Plot — Secession of some Peers to the Kino's Quarters— Their Treatment there impolitic — The Anti-pacific Party gain the Ascendant at Westminster — The Parliament makes a new Great Seal — and takes the Covenant — Persecution of the Clergy who refuse it Impeachment and Execution of Laud — Decline of the Kino-'s Affairs in 1644— Factions at Oxford — Royalist Lords and Commoners summoned to that City — Treaty of Uxbridge — Impossibility of Agreement — The Parliament insist on unreasonable Terms — Miseries of the AVar —Essex and Manchester suspected of Lukewarmness — Self-denyin" Ordinance — CONTENTS.

XV Battle of Naseby— Desperate Condition of the King's Affairs— He throws himself into the Hands of the Scots — His Struggles to preserve Epis copacy, against the Advice of the Queen and others — Bad Conduct of the Queen — Publication of Letters taken at Naseby — Discovery of Glamorgan's Treaty — King delivered up by the Scots — Growth of the Independents and Republicans — Opposition to the Presbyterian Govern ment — Toleration — Intrigues of the Army with the King — His Person seized — The Parliament yield to the Army — Mysterious Conduct of Cromwell — Imprudent Hopes of the King — He rejects the Proposals of the Army — His Flight from Hampton Court — Alarming Votes against him — Scots' Invasion — The Presbyterians regain the Ascendant — Treaty of Newport — Gradual Progress of a Republican Party — Scheme among the Officers of bringing Charles to Trial — This is finally determined — Seclusion of Presbyterian Members — Motives of some of the King's Judges — Question of his Execution discussed — His Character — Icon Basilike - - - - ' - - Page 570

Part II

Abolition of the Monarchy — and of the House of Lords — Commonwealth — Schemes of Cromwell — His Conversations with Whitelock — Unpopularity of the Parliament — Their Fall — Little Parliament — Instrument of Government — Parliament called by Cromwell — Dissolved by him — Intrigues of the King and his Party — Insurrectionary Movements in 1665 — Rigorous Measures of Cromwell — His arbitrary Government — He summons another Parliament — Designs to take the Crown — The Project fails — but his Authority as Protector is augmented — He aims at forming a new House of Lords — His Death — and Character — Richard his Son succeeds him — Is supported by some prudent Men — but opposed by a Coalition — Calls a Parliament — The Army overthrow both — Long Parliament restored — Expelled again — and again restored — Impossibility of establishing a Republic — Intrigues of the Royalists — They unite with the Presbyterians — Conspiracy of 1659 — Interference of Monk — His Dissimulation — Secluded Members return to their Seats — Difficulties about the Restoration — New Parliament — King restored —Whether previous Conditions required — Plan of reviving the Treaty of Newport inexpedient — Difficulty of framing Conditions —Conduct of the Convention about this not blameable — except in respect of the Militia — Conduct of Monk ------ THE CONSTITUTIONAL HISTORY or ENGLAND, FROM HENRY TIL TO GEORGE II.

Chapter I. On The English Constitution From Henry VII

TO MARY. 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 Fines — Discussion of its Effect and Motive — Exactions of Money under Henry VII. — Taxes demanded by Henry VIII. — Illegal Exactions ofWolsey 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, has been one of those mixed or limited monarchies which the VOL. I. B CONSTITUTIONAL HISTORY OF ENGLAND [Chap. I. Celtic and Gothic tribes appear universally to have established, Ancient goin preference to the coarse despotism of eastern na- En^iand' cf tions, to the more artificial tyranny of Rome and Constantinople, or to the various models of republican polity which were tried upon the coasts of the Mediterranean Sea. It bore the same general features, 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 Limitations in number. — 1. The kinocould levy no sort of new of royril -a , " J authority. 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 could be committed to prison but by a Hex. VII.] FROM HENRY VII. TO GEORGE II. 3 legal warrant specifying his offence ; and by an usage nearly tantamount to constitutional right, he must be speedily brought to trial by means of regular 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 ser vants of the crown, violating the personal liberty or other right of the subject, might be sued in an action for da mages 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 Vi prove that they were all recognised in law, differed much in Difference the degree of their effective operation. It may be sectwe o~Per said of the first, that it was now completely estathe"se. Wished. 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 gifts, though very oppressive, and on that account just abolished by an act of the late usurper Richard, 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 free holders, or of the boroughs, had seats and suffrages in that assembly during seven or eight reigns after the conquest. They were then, however, ingrafted upon it with plenary legislative authority; and if the sanction of a statute were required for this fundamental axiom, we might refer to one in the 15th of Edward II. (1322), which declares that " the ii [Chap. I. 4 CONSTITUTIONAL HISTORY OF ENGLAND matters to be established for the estate of the king and of his heirs, and for the estate of the realm and of the people, should be treated, accorded, and established in parliament, by the king, and by the assent of the prelates, earls, and barons, and the commonalty of the realm, according as had been before accustomed."* It may not be impertinent to remark in this place, that the opinion of such as have fancied the royal prerogative under the houses of Plantagenet and Tudor to have had no effectual or unquestioned limitations is decidedly refuted by the notorious fact, that no alteration in the general laws of the realm was ever made, or attempted to be made, without the consent of parliament.

It is not surprising that the council, in great exigency of money, should sometimes employ force to extort it from the merchants, or that servile lawyers should be found to vindicate these encroachments of power. Impositions, like other arbitrary measures, were particular and temporary, prompted by rapacity, and endured through compulsion. But if the kings of England had been supposed to enjoy an absolute authority, we should find some proofs of it in their exercise of the supreme function of sovereignty, the enactment of new laws. Yet there is not a single instance from the first dawn of our constitutional history, where a proclamation, or order of council, has dictated any change, however trifling, in the code of private rights, or in the penalties of criminal offences. Was it ever pretended that the king could empower his subjects to devise their freeholds, or to levy fines of their entailed lands ?

Has even the slightest regulation, as to judicial procedure, or any permanent prohibition, even in fiscal law, been ever enforced without statute ? There was, indeed, a period, later than that of Henry VII., when a control over the subject's free right of doing all things not unlawful was usurped by means of proclamations. These, however, were always temporary, and did not affect to alter * This statute is not even alluded to in Russhead's edition, and has been very little noticed by writers on our law or history. It is printed in the late edition, published by authority, and is brought forward in the First Report of the Lords' Committee, on the dignity of a Peer (1319), p. 282. Nothing can be more evident than that it not only establishes by a legislative declaration the present eon stitution of parliament, but recognises it as already standing upon a custom of some length of time. the established law.