Constitutional History of England, Henry VII to George II. Volume 2 of 3 — John Shaqi
Constitutional History of England, Henry VII to George II. Volume 2 of 3Hallam, Henry
History
Constitutional History of England, Henry VII to George II. Volume 2 of 3
Hallam, Henry
Constitutional history -- Great Britain
_Prosecution of Chambers for refusing to pay customs._--The customs on
imported merchandises were now rigorously enforced.[7] But the late
discussions in parliament, and the growing disposition to probe the
legality of all acts of the Crown, rendered the merchants more
discontented than ever. Richard Chambers, having refused to pay any
further duty for a bale of silks than might be required by law, was
summoned before the privy-council. In the presence of that board he
was provoked to exclaim that in no part of the world, not even in
Turkey, were the merchants so screwed and wrung as in England. For
these hasty words an information was preferred against him in the
star-chamber; and the court, being of opinion that the words were
intended to make the people believe that his majesty's happy
government might be termed Turkish tyranny, manifested their laudable
abhorrence of such tyranny by sentencing him to pay a fine of £2000,
and to make a humble submission. Chambers, a sturdy puritan,
absolutely refused to subscribe the form of submission tendered to
him, and was of course committed to prison. But the court of King's
Bench admitted him to bail on a habeas corpus; for which, as Whitelock
tells us, they were reprimanded by the council.[8]
_Commendable behaviour of judges in some instances._--There were
several instances, besides this just mentioned, wherein the judges
manifested a more courageous spirit than they were able constantly to
preserve; and the odium under which their memory labours for a servile
compliance with the court, especially in the case of ship-money,
renders it but an act of justice to record those testimonies they
occasionally gave of a nobler sense of duty. They unanimously
declared, when Charles expressed a desire that Felton, the assassin of
the Duke of Buckingham, might be put to the rack in order to make him
discover his accomplices, that the law of England did not allow the
use of torture. This is a remarkable proof that, amidst all the
arbitrary principles and arbitrary measures of the time, a truer sense
of the inviolability of law had begun to prevail, and that the free
constitution of England was working off the impurities with which
violence had stained it. For, though it be most certain that the law
never recognised the use of torture, there had been many instances of
its employment, and even within a few years.[9] In this public
assertion of its illegality, the judges conferred an eminent service
on their country, and doubtless saved the king and his council much
additional guilt and infamy which they would have incurred in the
course of their career. They declared, about the same time, on a
reference to them concerning certain disrespectful words alleged to
have been spoken by one Pine against the king, that no words can of
themselves amount to treason within the statute of Edward III.[10]
They resolved, some years after, that Prynne's, Burton's, and
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