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
The honourable reputation that Strafford had earned before his
apostasy stood principally on two grounds; his refusal to comply with
a requisition of money without consent of parliament, and his
exertions in the petition of right which declared every such exaction
to be contrary to law. If any therefore be inclined to palliate his
arbitrary proceedings and principles in the executive administration,
his virtue will be brought to a test in the business of ship-money. If
he shall be found to have given countenance and support to that
measure, there must be an end of all pretence to integrity or
patriotism. But of this there are decisive proofs. He not only made
every exertion to enforce its payment in Yorkshire during the years
1639 and 1640, for which the peculiar dangers of that time might
furnish some apology, but long before, in his correspondence with
Laud, speaks thus of Mr. Hampden, deploring, it seems, the supineness
that had permitted him to dispute the Crown's claim with impunity.
"Mr. Hampden is a great brother [i.e. a puritan], and the very genius
of that people leads them always to oppose, as well civilly as
ecclesiastically, all that ever authority ordains for them; but in
good faith, were they right served, they should be whipt home into
their right wits, and much beholden they should be to any one that
would thoroughly take pains with them in that kind."[94] "In truth I
still wish, and take it also to be a very charitable one, Mr. H. and
others to his likeness were well whipt into their right senses; if
that the rod be so used as that it smarts not, I am the more
sorry."[95]
Hutton, one of the judges who had been against the Crown in this case,
having some small favour to ask of Strafford, takes occasion in his
letter to enter on the subject of ship-money, mentioning his own
opinion in such a manner as to give the least possible offence, and
with all qualifications in favour of the Crown; commending even Lord
Finch's argument on the other side.[96] The lord deputy, answering his
letter after much delay, says, "I must confess, in a business of so
mighty importance, I shall the less regard the forms of pleading, and
do conceive, as it seems my Lord Finch pressed that the power of
levies of forces at sea and land for the very, not feigned, relief and
safety of the public, is a property of sovereignty, as, were the Crown
willing, it could not divest it thereof: Salus populi suprema lex;
nay, in cases of extremity even above acts of parliament," etc.
Public-domain text, read in full here on John Shaqi.
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