The chief law passed by Parliament with the view here explained, was an act confirming the authority of the Star-Chamber in certain cases. The Star-Chamber, composed of prelates, peers, counsellors, and judges, had an undefined jurisdiction without the intervention of a jury over many offences not capital, and over actions proving a design to commit offences not actually committed. "But that which was principally aimed at by this act," says Lord Bacon, "was force, and the two chief supports of force, combination of multitudes, and maintenance or headship of great persons." The danger to liberty, of entrusting power so large and arbitrary to persons named by the crown, does not appear to have struck any one at this time; and Lord Bacon is lavish in his praises of the StarChamber, calling it one of the sagest and noblest institutions of this kingdom. But long civil war induces a people to surrender liberty for peace, as long peace induces them to encounter even civil war for liberty. One of the next acts of the Parliament was the sanction of an arbitrary tax. This species of tax, known by the name of Benevolence, had been raised by Edward IV., without the consent of Parliament, and abolished by Richard III. in a very remarkable statute. It was now revived by act of Parliament on the occasion of a war with France. But the real object was to amass money; for Henry had scarcely landed in France before he concluded a peace, by which he was to receive 745,000 ducats (about 186,000l. sterling) and a tribute of 25 crowns yearly. This reign was much disturbed by rebellion. Attachment to the house of York, and the burthen of taxes seem to have been the chief causes of discontent. Bacon attributes an insurrection in the North to respect for the memory of Richard III., a proof that his government, in that part of the kingdom, had not been very oppressive. The chief object of Henry's administration was to restrain the inordinate power of the great barons. Two laws enacted for this purpose, the one facilitating the sale of entailed lands by what is called breaking an entail, and another suppressing retainers, were, with other statutes and the extensive authority given to the Star-Chamber, eminently conducive to the object for which they were framed. In thus directing his policy, Henry adopted views prompted by his own jealous temper, but which ultimately were beneficial to his country. The course of justice became steady, disorders were suppressed, the tranquillity of the whole country was secured; and the Commons, being no longer oppressed by feudal power, or distracted by domestic war, were enabled to acquire, first wealth, then importance, and lastly freedom. Bacon, however, attributes many of the disturbances which still afflicted the country during this reign to the neglect and distrust of the nobility shown by the king. The last years of Henry were disgraced by the cruel and arbitrary exactions of which Empson and Dudley were the vile and execrated' instruments. His successor, with a generous magnanimity not uncommon in a king, sent the collectors to the scaffold, and kept the money in his treasury. 22 CHAP. III. HENRY THE EIGHTH. When love could teach a monarch to be wise, GRAY. THE reign of Henry the Eighth is justly esteemed the most arbitrary in our annals. Yet it affords many curious precedents of the authority of Parliament. One of the first of these is the act granting tonnage and poundage. The King had levied these duties for some time by his own prerogative. But in the 6th year of his reign, he met with resistance, and was obliged to apply to Parliament for their sanction. The act that was passed is curious. It condemns those who had resisted, but at the same time grants to the king, de novo, the duties of tonnage and poundage. Upon the whole, the precedent, though inconsistent with itself, makes against the power assumed by the crown. For if the king had the right to raise those duties, the act would have been merely declaratory. The enactment proves, with whatever terms it might be qualified, that the King was not entitled by his prerogative to levy tonnage and poundage, and that his orders on this subject might be resisted with impunity. So, indeed, the act seems to have been understood; for at the commencement of the four following reigns, we find the duties in question regularly granted by Parliament.* Statutes 1 Edw. VI. c. 13. 1 Mary, st. 2. c. 18., 1 Eliz. c. 20., 1 James, c. 33. By all these acts, tonnage and poundage are granted for life. They are all amongst the last acts of the session. Notwithstanding these statutes, Mr. Hume asserts, that Henry's 66 successors, for more than a century, persevered in the like irregular practice, if a practice may deserve that epithet, in which the whole nation acquiesced, and which gave no offence. But when Charles I. attempted to continue in the same course, which had now received the sanction of so many generations, so much were the opinions of men altered, that a furious tempest was excited by it, and historians, partial or ignorant, still represent this measure as a most violent and unprecedented enormity in this unhappy prince." And with reason. These duties were not granted to Charles in the first year of his reign, as they had been to his predecessors, and he attempted to revive the practice which was not permitted |