s that those
possessing the governmental power have always been unwilling to
maintain an independent judiciary. The only countries today possessing
a judiciary with any considerable degree of independence are the
United Kingdom and some of its "Dominions beyond the seas" and our
own country. The need of it was seen in the experience of the people
of England and of the English Colonies in America under a judiciary
liable to be deprived of office or salary if its opinions were
displeasing to the crown.

Charles I assented to the Petition of Right and promised to observe
it, but no provision was made for any tribunal independent of the king
to determine whether his acts were in violation of any article of the
Petition. Consequently, when afterward in the matter of the tonnage
and poundage tax Parliament remonstrated against the imposition of the
tax as a violation of the royal promise in assenting to the Petition
of Right, the king abruptly ended the session and in his speech of
prorogation denied the right of Parliament to interpret the Petition
and asserted that it was for him alone to determine "the true intent
thereof." Again, the legality of the imposition by the king of the
"ship money" tax without the consent of Parliament was hopelessly
questioned. The king procured from the judges an opinion that he could
lawfully impose such a tax without awaiting the assent of Parliament,
when necessary for the defense of the kingdom, and that he was the
judge of the necessity and proper amount of the tax. But this was not
the opinion of an independent judiciary. The judges at that time could
be promoted, removed, or "recalled" at any time at the king's sole
pleasure, and they well knew the king's obstinate insistence in the
matter. Their opinion simply gave expression to the king's will, and
hence inspired no respect.

Finally, for want of an independent tribunal empowered to determine
authoritatively between king and subject "the true intent" of the
Petition of Right, the legal extent and limitation of the royal power,
the lawfulness of its exercise upon the subject in a given case, the
issues between them had to be submitted to the arbitrament of civil
war, with the result that the monarchical system of government was
overthrown. Its successor, an unchecked parliament, was no less
arbitrary in many of its acts, and was in turn overthrown and the
monarchy restored. The restored dynasty, however, obeying the impulse
of all p