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
_Parliament of April 1640._--It has been universally admitted that the
parliament which met on the 13th of April 1640 was as favourably
disposed towards the king's service, and as little influenced by their
many wrongs, as any man of ordinary judgment could expect.[152] But
though cautiously abstaining from any intemperance, so much as to
reprove a member for calling ship-money an abomination (no very
outrageous expression), they sufficiently manifested a determination
not to leave their grievances unredressed. Petitions against the
manifold abuses in church and state covered their table; Pym, Rudyard,
Waller, Lord Digby, and others more conspicuous afterwards, excited
them by vigorous speeches; they appointed a committee to confer with
the Lords, according to some precedents of the last reign, on a long
list of grievances, divided into ecclesiastical innovations,
infringements of the propriety of goods, and breaches of the
privilege of parliament. They voted a request of the peers, who,
Clarendon says, were more entirely at the king's disposal, that they
would begin with the business of supply, and not proceed to debate on
grievances till afterwards, to be a high breach of privilege.[153]
There is not the smallest reason to doubt that they would have
insisted on redress in all those particulars, with at least as much
zeal as any former parliament, and that the king, after obtaining his
subsidies, would have put an end to their remonstrances, as he had
done before.[154] In order to obtain the supply he demanded, namely,
twelve subsidies to be paid in three years, which, though unusual, was
certainly not beyond his exigencies, he offered to release his claim
to ship-money, in any manner they should point out. But this the
Commons indignantly repelled. They deemed ship-money the great crime
of his administration, and the judgment against Mr. Hampden, the
infamy of those who pronounced it. Till that judgment should be
annulled, and those judges punished, the national liberties must be as
precarious as ever. Even if they could hear of a compromise with so
flagrant a breach of the constitution, and of purchasing their
undoubted rights, the doctrine asserted in Mr. Hampden's case by the
Crown lawyers, and adopted by some of the judges, rendered all
stipulations nugatory. The right of taxation had been claimed as an
absolute prerogative so inherent in the Crown, that no act of
parliament could take it away. All former statutes, down to the
petition of right, had been prostrated at the foot of the throne; by
what new compact were the present parliament to give a sanctity more
inviolable to their own?[155]
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