A judgment for the crown
The judgment was in favor of the crown seven to five. Three of the minority based their decision upon the particular rather than on general grounds; Croke and Hutton, however, denied the general contention of the crown absolutely. Croke maintained that taxation save by authority of Parliament is contrary to the common law and to the statutes; that the exaction could not be defended upon the plea of imminent danger; and that the extension to inland counties was not legal or warranted by any legal precedent. The seven judges whose opinions were favorable to the king, upheld the prerogative of the crown as against the legislative power of Parliament. Sir John Finch, chief justice of the common pleas, stated their attitude clearly. “No act of Parliament,” he said, “can bar a king of his regality, as that no lands should hold of him, or bar him of the allegiance of his subjects or the relative on his part, as trust and power to defend his people; therefore acts of Parliament to take away his royal power in the defense of his kingdom are void; 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.”[363]
The effect of this decision upon the minds of the people was immediate; it changed the payment of the ship money from a semi-voluntary gift to the king into an extortion enforced by him. Previously they had supposed that the ship money was paid out of sufferance, that if it became too heavy, an appeal to the courts would be sufficient to remove it; now they felt that the king had them by the throat and could force them to do as he willed. Never was there a clearer issue; the king and his prerogative against the commons and their long-developing rights; the power of the king to levy taxes upon his own arbitrary authority against taxation by the will of the taxed as expressed in Parliament.
The Scottish rebellion of 1638 which was waged for the defense of religious freedom, and the interval of peace, beginning the 18th June, 1639, which was used by Scots and English alike as a period of armament, proved too much for Charles’s irregular financial supply. Reluctantly he called his Fourth Parliament, commonly known as the Short Parliament,The Short Parliament, 1640 for the 13th April, 1640. The assembly was, strange to say, most moderate and loyal to the king. Charles through the ex-Speaker Sir John Finch, now Lord Keeper, asked for a large supply immediately, saying that he would listen to grievances afterwards.[364]
The commons recalled instances wherein the royal word had been broken, and preferred to withhold supply until the end of the session, according to their familiar habit. They proceeded to inquire into the Hampden case, and considered in detail the various occasions upon which the law had been broken during their eleven years’ recess. They appointed a committee to confer with the lords over a long list of grievances, divided into the three departments of innovations in religion, invasions of private property, and breaches of parliamentary privilege.[365] At this Charles came forward with a gigantic piece of tactlessness; thinking he saw a hole through which he could escape, he tried to win the lords to his standard. Applying to them, they voted and communicated to the House of Commons that “his Majesty’s supply should have the precedency, and be resolved on before any other matter whatsoever.”[366] To the commons this appeared an arrant breach of privilege,Clash between the Houses it being their right that money bills should originate in their House. The lords immediately adopted a conciliatory tone; they renounced any intention of offending the commons. “The bill of subsidies,” they admitted, “ought to have its inception and beginning in your House; and that when it comes up to their lordships, and is by them agreed unto, it must be returned back to you and be by your House presented.”[367]
The king had reason to regret his intrusion since the dispute which he had caused delayed a supply from the commons so much the more. He now had recourse to a compromise. He offered the withdrawal of his claim to ship money in consideration of a grant of twelve subsidies,[368] payable in three years. The commons, perceiving that the proposition, if acceded to, involved the tacit admission that the ship money had been justly laid, insomuch as its removal was obtainable only by purchase, refused to enter into the agreement. But the effect of the message was not quite lost; on the contrary it seemed as though the king would shortly receive his grant. At the moment when the commons were on the point of deciding upon a supply, the amount to be determined subsequently, Sir Henry Vane, secretary of state, precipitated a crisis. He asserted that the supply would not be accepted unless it were to the amount and in the manner designated in the king’s message.[369] The next day, the 5th May, the king dissolved his three-weeks-old Parliament, to his own great distress and the trepidation of the nation.
Dissolution of Parliament
Charles employed the six months which intervened between the dissolution of Parliament and the summons of the Long Parliament in his usual occupations. He locked up several members of the House. He exacted forced loans, created new monopolies, and levied ship money. Prosecutions followed swiftly upon refusals to pay. “Coat and conduct money,” a new exaction from the counties, was demanded to cover the traveling expenses of recruits on their way to fight against the Scots. He obtained six subsidies from the clergy whom he illegally kept in convocation after the dissolution of Parliament.
Sitting of the Long Parliament, 3rd November, 1640