For eleven years no parliament met again. The extreme action of the
Lower House was not supported by the people, and the king had the
opportunity, if he chose to use it, of putting himself right with the
nation after no long delay. But he never understood that power only
attends sympathetic leadership. He contented himself with putting
himself technically in the right, and with resting his case on the
favourable decisions of the judges. Under any circumstances, neither the
training nor the position of judges is such as to make them fit to be
the final arbiters of political disputes. They are accustomed to declare
what the law is, not what it ought to be. These judges, moreover, were
not in the position to be impartial. They had been selected by the king,
and were liable to be deprived of their office when he saw fit. In the
course of Charles's reign two chief justices and one chief baron were
dismissed or suspended. Besides the ordinary judges there were the
extraordinary tribunals, the court of high commission nominated by the
crown to punish ecclesiastical offenders, and the court of star chamber,
composed of the privy councillors and the chief justices, and therefore
also nominated by the crown, to inflict fine, imprisonment, and even
corporal mutilation on lay offenders. Those who rose up in any way
against the established order were sharply punished.
Ship-money.
The harsh treatment of individuals only calls forth resistance when
constitutional morality has sunk deeply into the popular mind. The
ignoring of the feelings and prejudices of large classes has a deeper
effect. Charles's foreign policy, and his pretentious claim to the
sovereignty of the British seas, demanded the support of a fleet, which
might indeed be turned to good purpose in offering a counterpoise to the
growing navies of France and Holland. The increasing estrangement
between him and the nation made him averse from the natural remedy of a
parliament, and he reverted to the absolute practices of the middle
ages, in order that he might strain them far beyond the warrant of
precedent to levy a tax under the name of ship-money, first on the port
towns and then on the whole of England. Payment was resisted by John
Hampden, a Buckinghamshire squire; but the judges declared that the king
was in the right (1638). Yet the arguments used by Hampden's lawyers
sunk deeply into the popular mind, and almost every man in England who
was called on to pay the tax looked upon the king as a wrong-doer under
the forms of law.
The Church.
Public-domain text, read in full here on John Shaqi.
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