History for ready reference, Volume 2, El Dorado to GreavesLarned, J. N. (Josephus Nelson)
History
History for ready reference, Volume 2, El Dorado to Greaves
Larned, J. N. (Josephus Nelson)
History -- Dictionaries
a time when all laws might with propriety have been made to
bend to that highest law, the safety of the state. The inland
counties had not been required to furnish ships, or money in
the room of ships, even when the Armada was approaching our
shores.
{852}
It seemed intolerable that a prince, who, by assenting to the
Petition of Right, had relinquished the power of levying
ship-money even in the outports, should be the first to levy
it on parts of the kingdom where it had been unknown, under
the most absolute of his predecessors. Clarendon distinctly
admits that this tax was intended, not only for the support of
the navy, but 'for a spring and magazine that should have no
bottom, and for an everlasting supply on all occasions.' The
nation well understood this; and from one end of England to
the other, the public mind was strongly excited.
Buckinghamshire was assessed at a ship of 450 tons, or a sum
of £4,500. The share of the tax which fell to Hampden was very
small [twenty shillings]; so small, indeed, that the sheriff
was blamed for setting so wealthy a man at so low a rate. But,
though the sum demanded was a trifle, the principle of the
demand was despotism. Hampden, after consulting the most
eminent constitutional lawyers of the time, refused to pay the
few shillings at which he was assessed; and determined to
incur all the certain expense and the probable danger of
bringing to a solemn hearing this great controversy between
the people and the crown. ... Towards the close of the year
1636, this great cause came on in the Exchequer Chamber before
all the judges of England. The leading counsel against the
writ was the celebrated Oliver St. John; a man whose temper
was melancholy, whose manners were reserved, and who was as
yet little known in Westminster Hall; but whose great talents
had not escaped the penetrating eye of Hampden. The arguments
of the counsel occupied many days; and the Exchequer Chamber
took a considerable time for deliberation. The opinion of the
bench was divided. So clearly was the law in favour of
Hampden, that though the judges held their situations only
during the royal pleasure, the majority against him was the
least possible. Four of the twelve pronounced decidedly in his
favour; a fifth took a middle course. The remaining seven gave
their voices in favour of the writ. The only effect of this
decision was to make the public indignation stronger and
deeper. 'The judgment,' says Clarendon, 'proved of more
advantage and credit to the gentleman condemned than to the
king's service.' The courage which Hampden had shown on this
occasion, as the same historian tells us, 'raised his
reputation to a great height generally throughout the
kingdom.'"
_Lord Macaulay,
Essays,
volume 2 (Nugent's Memorials of Hampden)._
Public-domain text, read in full here on John Shaqi.
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