Constitutional History of England, Henry VII to George II. Volume 2 of 3Hallam, Henry
History
Constitutional History of England, Henry VII to George II. Volume 2 of 3
Hallam, Henry
Constitutional history -- Great Britain
This premature declaration of the judges, which was publicly read by
the lord-keeper Coventry in the star-chamber, did not prevent a few
intrepid persons from bringing the question solemnly before them, that
the liberties of their country might at least not perish silently, nor
those who had betrayed them avoid the responsibility of a public
avowal of their shame. The first that resisted was the gallant Richard
Chambers, who brought an action against the lord-mayor for imprisoning
him on account of his refusal to pay his assessment on the former
writ. The magistrate pleaded the writ as a special justification; when
Berkley, one of the judges of the king's bench, declared that there
was a rule of law and a rule of government, that many things which
could not be done by the first rule might be done by the other, and
would not suffer counsel to argue against the lawfulness of
ship-money.[31] The next were Lord Say and Mr. Hampden, both of whom
appealed to the justice of their country; but the famous decision
which has made the latter so illustrious, put an end to all attempts
at obtaining redress by course of law.
_Hampden's refusal to pay._--Hampden, it seems hardly necessary to
mention, was a gentleman of good estate in Buckinghamshire, whose
assessment to the contribution for ship-money demanded from his county
amounted only to twenty shillings.[32] The cause, though properly
belonging to the court of exchequer, was heard, on account of its
magnitude, before all the judges in the exchequer-chamber.[33] The
precise question, so far as related to Mr. Hampden, was, Whether the
king had a right, on his own allegation of public danger, to require
an inland county to furnish ships, or a prescribed sum of money by way
of commutation, for the defence of the kingdom? It was argued by St.
John and Holborne in behalf of Hampden; by the solicitor-general
Littleton and the attorney-general Banks, for the crown.[34]
Public-domain text, read in full here on John Shaqi.
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