aws, and levels all limitations; but in the
English government, convenience alone was conceived to authorize any
extraordinary act of regal power, and to render it obligatory on the
people. Hence the strict obedience required to proclamations during
all periods of the English history; and if James has incurred blame on
account of his edicts, it is only because he too frequently issued them
at a time when they began to be less regarded, not because he first
assumed or extended to an unusual degree that exercise of authority.
Of his maxims in a parallel case, the following is a pretty remark able
instance.
Queen Elizabeth had appointed commissioners for the inspection of
prisons, and had bestowed on them full discretionary powers to adjust
all differences between prisoners and their creditors, to compound
debts, and to give liberty to such debtors as they found honest and
insolvent. From the uncertain and undefined nature of the English
constitution, doubts sprang up in many, that this commission was
contrary to law; and it was represented in that light to James. He
forbore, therefore, renewing the commission, till the fifteenth of his
reign; when complaints rose so high with regard to the abuses practised
in prisons, that he thought himself obliged to overcome his scruples,
and to appoint new commissioners, invested with the same discretionary
powers which Elizabeth had formerly conferred.[*]
* Rymer, tom. xviii. p. 117, 594.
Upon the whole, we must conceive that monarchy, on the accession of
the house of Stuart, was possessed of a very extensive authority: an
authority, in the judgment of all, not exactly limited; in the judgment
of some, not limitable. But, at the same time, this authority was
founded merely on the opinion of the people, influenced by ancient
precedent and example. It was not supported either by money or by force
of arms. And, for this reason, we need not wonder that the princes
of that line were so extremely jealous of their prerogative; being
sensible, that when these claims were ravished from them, they possessed
no influence by which they could maintain their dignity, or support the
laws. By the changes which have since been introduced, the liberty and
independence of individuals has been rendered much more full, entire and
secure; that of the public more uncertain and precarious. And it seems a
necessary, though perhaps a melancholy truth, that in every government,
the magistrate must e
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