Though murmurs had existed for many years, it was not until the memorable
ship-money tax was proposed that affairs became really grave. Had England
been threatened by an invasion such as the Spanish Armada, there can be no
doubt that a mere illegality in the mode of levying taxes to meet the
emergency would have been regarded as of little account, but in the
present case there was no overwhelming need, and it must be borne in mind
that to add to the national irritation the two first Stuarts were almost
uniformally unsuccessful in their foreign wars. It is to Attorney General
Noy that we owe the arbitrary ship-money tax. He was a dull, dry, legal
antiquary of considerable ability, whose works, such as his _Treatise
concerning Tenures and Estates_; _The Compleat Lawyer_; _The Rights of the
Crown_, and others of a like character, are yet worth poring over by
studious persons. Such a man was well fitted for historical research, no
one of his time could have edited and annotated _The Year Books_ more
efficiently, but he had no conception of the times in which he lived, the
narrow legal lore which filled his mind produced sheer muddle-headedness,
when called upon to confront an arbitrary king face to face with an
indignant people. That there was less to be said against this form of
royal taxation than any other that legal ingenuity could light upon must
be admitted, but as events shewed the course he advised the king to take,
was little short of madness. John Hampden, who represented one of the
oldest and most highly respected races of the English gentry--nobles as
they would be called in any land but our own--set the example of refusing
to pay this unjust levy. The trial lasted upwards of three weeks, and the
men accounted most learned in the law were employed in the case. Sir John
Bankes, the owner of Corfe Castle, Sir Edward Littleton, and others were
for the King. Oliver Saint John and Mr. Holborn were for Hampden.
Concerning Holborn little seems to be known, but Saint John made for
himself a great name. His speeches are marvellously learned, shewing an
amount of reading which is simply wonderful when we call to mind that in
those days all our national records were unprinted, and almost all of them
without calendar or index of any sort. It must, however, be remembered
that in those days lawyers of both branches of the profession were well
acquainted not only with the language in which our records were written,
but also with the hands employed at various periods, and the elaborate
system of contraction used in representing the words.
Public-domain text, read in full here on John Shaqi.
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