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
Bastwick's libels against the bishops were no treason.[11] In their
old controversy with the ecclesiastical jurisdiction, they were
inflexibly tenacious. An action having been brought against some
members of the high-commission court for false imprisonment, the king,
on Laud's remonstrance, sent a message to desire that the suit might
not proceed till he should have conversed with the judges. The
chief-justice made answer that they were bound by their oaths not to
delay the course of justice; and after a contention before the
privy-council, the commissioners were compelled to plead.[12]
Such instances of firmness serve to extenuate those unhappy
deficiencies which are more notorious in history. Had the judges been
as numerous and independent as those of the parliament of Paris, they
would not probably have been wanting in equal vigour. But holding
their offices at the king's will, and exposed to the displeasure of
his council whenever they opposed any check to the prerogative, they
held a vacillating course, which made them obnoxious to those who
sought for despotic power, while it forfeited the esteem of the
nation.
_Means adopted to raise the revenue. Compositions for knighthood._--In
pursuance of the system adopted by Charles's ministers, they had
recourse to exactions, some odious and obsolete, some of very
questionable legality, and others clearly against law. Of the former
class may be reckoned the compositions for not taking the order of
knighthood. The early kings of England, Henry III. and Edward I., very
little in the spirit of chivalry, had introduced the practice of
summoning their military tenants, holding £20 per annum, to receive
knighthood at their hands. Those who declined this honour were
permitted to redeem their absence by a moderate fine.[13] Elizabeth,
once in her reign, and James, had availed themselves of this ancient
right. But the change in the value of money rendered it far more
oppressive than formerly, though limited to the holders of £40 per
annum in military tenure. Commissioners were now appointed to compound
with those who had neglected some years before to obey the
proclamation, summoning them to receive knighthood at the king's
coronation.[14] In particular instances, very severe fines are
recorded to have been imposed upon defaulters, probably from some
political resentment.[15]
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