A History of Modern Liberty volume 3

Cover A History of Modern Liberty volume 3
A History of Modern Liberty volume 3
James Mackinnon
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Where is the guarantee of the legal protection of our property if Magna Charta and the Petition of Right may be ignored in any emergency which it may please the king to invent? Once more, therefore, the appeal to the fundamental laws of England was heard throughout the land. Despite this appeal, Charles ventured on a third levy of ship money in October 1636. To weaken resistance, he determined to get an acknowledgment of the legality of his action from the judges (February 1637). He asked them ...firstly, whether, when the whole kingdom was in danger, he might issue these objec- tionable writs and by law compel obedience in case of dis- obedience, and secondly, whether he were not the sole judge of such danger. Ten out of the twelve judges did as they were expected ; they answered the double question in the affirma- tive. The protesters, nevertheless, stuck to their -appeal to the laws. " This tax of ship money, " we read in one of their remonstrances to the king, " is directly contrary to the funda- mental laws and liberties of your realm of England, which your majesty, both in point of justice and honour, is obliged inviolably to preserve according to the oath made to God and your subjects at your coronation and your frequent printed royal protestations since.

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