[The History of England in Three Volumes, Vol.I., Part C. by David Hume]@TWC D-Link bookThe History of England in Three Volumes, Vol.I., Part C. CHAPTER XXXII 10/50
They gave to the king's proclamation the same force as to a statute enacted by parliament; and to render the matter worse, if possible, they framed this law, as if it were only declaratory, and were intended to explain the natural extent of royal authority.
The preamble contains, that the king had formerly set forth several proclamations which froward persons had wilfully contemned, not considering what a king, by his royal power, may do; that this license might encourage offenders not only to disobey the laws of Almighty God, but also to dishonor the king's most royal majesty, "who may full ill bear it;" that sudden emergencies often occur, which require speedy remedies, and cannot await the slow assembling and deliberations of parliament; and that, though the king was empowered by his authority, derived from God, to consult the public good on these occasions, yet the opposition of refractory subjects might push him to extremity and violence: for these reasons the parliament, that they might remove all occasion of doubt, ascertained by a statute this prerogative of the crown and enabled his majesty, with the advice of his council, to set forth proclamations enjoining obedience under whatever pains and penalties he should think proper; and these proclamations were to have the force of perpetual laws.[*] * 31 Henry VIII.c.
8. What proves either a stupid or a wilful blindness in the parliament, is, that they pretended, even after this statute, to maintain some limitations in the government; and they enacted, that no proclamation should deprive any person of his lawful possessions, liberties, inheritances, privileges, franchises; nor yet infringe any common law or laudable custom of the realm.
They did not consider, that no penalty could be inflicted on the disobeying of proclamations, without invading some liberty or property of the subject; and that the power of enacting new laws, joined to the dispensing power then exercised by the crown, amounted to a full legislative authority.
It is true, the kings of England had always been accustomed from their own authority to issue proclamations, and to exact obedience to them; and this prerogative was, no doubt, a strong symptom of absolute government: but still there was a difference between a power which was exercised on a particular emergence, and which must be justified by the present expedience or necessity, and an authority conferred by a positive statute, which could no longer admit of control or limitation. Could any act be more opposite to the spirit of liberty than this law, it would have been another of the same parliament.
<<Back Index Next>> D-Link book Top TWC mobile books
|