ith.
Early in his reign James I. sought to lay burthensome taxes on the
people without any act of Parliament; this practice was continued by
his successors.
1. In 1606 came "the great Case of Impositions," not mentioned in the
ordinary histories of England. The king assumed the right to tax the
nation by his own prerogative. He ordered a duty of five shillings on
every hundred pounds of currants imported into the kingdom to be
levied in addition to the regular duty affixed by Act of Parliament.
This was contrary to law, nay, to the Constitution of England, her
Magna Charta itself provided against unparliamentary taxation. Sir
John Bates, a London merchant, refused to pay the unlawful duty, and
was prosecuted by information in the Star-Chamber. "The courts of
justice," says Mr. Hallam, "did not consist of men conscientiously
impartial between the king and the subject; some corrupt with hopes of
promotion, many more fearful of removal, or awe-struck by the fear of
power." On the "trial" it was abundantly shown that the king had no
right to levy such a duty. "The accomplished but too pliant judges,
and those indefatigable hunters of precedents for violations of
constitutional government, the great law-officers of the crown,"
decided against the laws, and Chief Justice Fleming maintained that
the king might lay what tax he pleased on imported goods! The corrupt
decision settled the law for years--and gave the king absolute power
over this branch of the revenue, involving a complete destruction of
the liberty of the people,--for the Principle would carry a thousand
measures on its back.[61] The king declared Fleming a judge to his
"heart's content." Bacon's subserviency did not pass unrewarded. Soon
after James issued a decree under the great seal, imposing heavy
duties on almost all merchandise "to be for ever hereafter paid to the
king and his successors, on pain of his displeasure."[62] Thus the
Measure became a Principle.
[Footnote 61: 2 St. Tr. 371, and 11 Hargrave, 29; 1 Campbell's
Justices, 204.]
[Footnote 62: 1 Hallam, 231. See 1 Parl. Hist. 1030, 1132, 1150;
Baker's Chronicle, 430.]
2. James, wanting funds, demanded of his subjects forced contributions
of money,--strangely called "Benevolences," though there was no
"good-will" on either side. It was clearly against the fundamental
laws of the kingdom. Sir Oliver St. John refused to pay what was
demanded of him, and wrote a letter to the mayor of Marlboro
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