History of the English People, Volume V: Puritan England, 1603-1660Green, John Richard
History
History of the English People, Volume V: Puritan England, 1603-1660
Green, John Richard
Great Britain -- History
The case was adjourned, but its discussion told not merely on England,
but on the temper of the Scots. Charles had replied to their petitions
by a simple order to all strangers to leave the capital. But the Council
at Edinburgh was unable to enforce his order; and the nobles and gentry
before dispersing to their homes petitioned against the bishops,
resolved not to own the jurisdiction of their courts, and named in
November 1637 a body of delegates, under the odd title of "the Tables."
These delegates carried on through the winter a series of negotiations
with the Crown. The negotiations were interrupted in the spring of 1638
by a renewed order for their dispersion, and for the acceptance of a
Prayer-Book; while the judges in England delivered in June their
long-delayed decision on Hampden's case. Two judges only pronounced in
his favour; though three followed them on technical grounds. The
majority, seven in number, laid down the broad principle that no statute
prohibiting arbitrary taxation could be pleaded against the king's will.
"I never read or heard," said Judge Berkeley, "that lex was rex, but it
is common and most true that rex is lex." Finch, the Chief-Justice,
summed up the opinions of his fellow-judges. "Acts of Parliament to take
away the king's royal power in the defence of his kingdom are void," he
said: "they are void Acts of Parliament to bind the king not to command
the subjects, their persons, and goods, and I say their money too, for
no Acts of Parliament make any difference."
[Sidenote: The Covenant.]
Public-domain text, read in full here on John Shaqi.
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