Civil disobedience -- India; India -- Politics and government -- 1919-1947
It is necessary to remember that it was the process of law and order that
helped to consolidate the powers of the Crown; for it was again and again
laid down by the Court of Exchequer that the power of taxation was vested
in the Crown, where it was "for the general benefit of the people." As
Adams says, "the Stuarts asserted a legal justification for everything
done by them," and, "on the whole, history was with the king."
But how did the Commons meet this assertion of law and order? They were
strict non-co-operators both within and outside the Parliament. Within the
Parliament they again and again refused to vote supplies unless their
grievances were redressed. The King retorted by raising Customs duties on
his own initiative and the courts of law supported him. The Commons passed
a resolution to the effect that persons paying them "should be reputed
betrayers of the liberties of England and enemies to the same." There was
little doubt that revolution was on the land; and King Charles finding
himself in difficulty gave his Royal Assent to the Bill of Rights on the
17th of June 1626. The Bill of Rights constitutes a triumph for N. C. O's;
for it was by their refusal to have any part or share in the
administration of the country that the Commons compelled the King to
acknowledge their Rights. The events that followed between 1629 and 1640
made the history of England. In spite of the Bill of Rights the King
continued to raise customs duties and Elliot and his friends were put on
their trial. They refused to plead and the result was disastrous for the
arbitrary power of the King. The King levied ship money on the nation. The
chief constables of various places replied that the sherrifs had no
authority to assess or tax any man without the consent of the Parliament.
On the refusal on the part of the people to pay the taxes, their cattle
was destrained and no purchaser could be found for them. The King took
the opinion of the Exchequer Court on the question "when the good and the
safety of the kingdom is concerned and the whole kingdom is in danger."
Mark how the formula has been copied verbatim in the Government of India
Act. "May not the king command all the subjects of his kingdom, to provide
and furnish such a number of ships with men, victuals and munitions and
for such time as he shall think fit for the defence and safeguard of the
Kingdom from such peril"--again the formula "and by law compel the doing
thereof in case of refusal any refractoriness? And whether in such case is
not the King the sole judge, both of the danger and when and how the same
is to be prevented?" The Judges answered in the affirmative and maintained
the answer in the celebrated case which Hampden brought before them.
Public-domain text, read in full here on John Shaqi.
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