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
This extraordinary demand startled even those who had hitherto sided
with the court. Some symptoms of opposition were shown in different
places, and actions brought against those who had collected the money.
But the greater part yielding to an overbearing power, exercised with
such rigour that no one in this king's reign who had ventured on the
humblest remonstrance against any illegal act had escaped without
punishment. Indolent and improvident men satisfied themselves that the
imposition was not very heavy, and might not be repeated. Some were
content to hope that their contribution, however unduly exacted, would
be faithfully applied to public ends. Others were overborne by the
authority of pretended precedents, and could not yet believe that the
sworn judges of the law would pervert it to its own destruction. The
ministers prudently resolved to secure, not the law, but its
interpreters, on their side. The judges of assize were directed to
inculcate on their circuits the necessary obligation of forwarding the
king's service by complying with his writ. But, as the measure grew
more obnoxious, and strong doubts of its legality came more to
prevail, it was thought expedient to publish an extra-judicial opinion
of the twelve judges, taken at the king's special command, according
to the pernicious custom of that age. They gave it as their unanimous
opinion that, when the good and safety of the kingdom in general is
concerned and the whole kingdom in danger, his majesty might, by writ
under the great seal, command all his subjects, at their charge, to
provide and furnish such number of ships, with men, munition, and
victuals, and for such time as he should think fit, for the defence
and safeguard of the kingdom; and that by law he might compel the
doing thereof, in case of refusal or refractoriness; and that he was
the sole judge both of the danger, and when and how the same was to be
prevented and avoided.
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