147. Proceedings in the Case of SHIP-MONEY, between the KING and JOHN HAMPDEN,* esq. in the Exchequer, 13 CHARLES I.†

A. D. 1637.

The SPEECH of THOMAS Lord COVENTRY, Lord Keeper of the Great Seal of England, by cominand from his majesty, to all the Judges of Assize of England, in the Star Chamber, June 17, 1635.

MY Lords the Judges; The Term being done and ended, the Assizes are at hand: you are to divide yourselves for your several circuits. Circuits are for the service of the king and the good

"Mr. Hampden was a man of much greater cunning, and it may be, of the most discerning spirit, and of the greatest address and insinua tion to bring any thing to pass which he desired, of any man of that time, and who laid the design deepest. He was a gentleman of a good extraction, and a fair fortune, who, from a life of great pleasure and licence, had on a sudden retired to extraordinary sobriety and strictness, and yet retained his usual chearfulness and affability; which, together with the opinion of his wisdom and justice, and the courage he had shewed in opposing the Ship-money, raised his reputation to a very great height, not only in Buckinghamshire, where he lived, but generally throughout the kingdom. He was not a man of many words, and rarely begun the discourse, or made the first entrance upon any business that was assumed; but a very weighty speaker, and after he had heard a full debate, and observed how the house was like to be inclined, took up the argument, and shortly, and clearly, and craftily, so stated it, that he commonly conducted it to the conclusion he desired; and if he found he could not do that, he was never without the dexterity to divert the debate to another time, and to prevent the determining any thing in the negative, which might prove inconvenient in the future. He made so great a shew of civility, and modesty, and humility, and always of mistrusting his own judgment, and esteeming his with whom he conferred for ́the present, that he seemed to have no opinions or resolutions, but such as he contracted from the information and instruction he received upon the discourses of others, whom he had a wonderful art of governing, and leading into his principles and inclinations, whilst they believed that he wholly depended upon their counsel and advice. No man had ever a greater power over himself, or was less the man that he seemed to be, which shortly after appeared to every body, when he cared less to keep on the masque." Lord Clarendon.

To which, when relating the circumstance of his death, he adds:

"He was a gentleman of a good family in Buckinghamshire, and born to a fair fortune, and of a most civil and affable deportment. In his entrance into the world, he indulged to

of the people; they are the execution of the king's laws, and administration of justice. In the Term, the people follow and seek after Justice; but in the Circuit, Justice followeth and seeketh after the people. So gracious is the frame and constitution of the king's government, that twice a year, at the least, Justice followeth the subjects home to their own doors; which, as it is a great ease to the trouble, charge, and travail of the country; so it giveth the peohimself all the licence in sports and exercises, and company, which were used by men of the most jolly conversation. Afterwards, he retired to a more reserved and melancholy society, ye preserving his own natural chearfulness, and vivacity, and above all, a flowing courtesy to all men; though they who conversed nearly with him, found him growing into a dislike of the Ecclesiastical Government of the Church, yet most believed it rather a dislike of some churchmen, and of some introducements of theirs, which he apprehended might disquiet the public peace. He was rather of reputation in his own country, than of public discourse, or fame in the kingdom, before the business of Ship-money: but then he grew the argument of all tongues, every man enquiring who, and what he was, that durst, at his own charge, support the liberty and property of the kingdom, and rescue his country, as he thought, from being made a prey to the court. His carriage, throughout this agitation, was with that rare temper and modesty, that they who watched him narrowly to find some advantage against his person, to make bin less resolute in his cause, were compelled to give him a just testimony. And the judgment that was given against him, infinitely more advanced him, than the service for which it was given. When this parliament begun, being returned knight of the shire for the county where he lived, the eyes of all men were fixed upon him, as their Patriæ Pater, and the pilot that must steer the vessel, through the tempests, and rocks which threatened it. And I am persuaded, his power and interest, at that time, was greater to do good or hurt, than any man's in the kingdom, or than any man of his rank hath had in any time: for his reputation of honesty was universal, and his affections seemed so publicly guided, that no corrupt, or private ends could biass them.--He was of that rare affability, and temper in debate, and of that seeming humility and submission of judgment, as if he brought no opinion of his own with him, but a desire of information, and instruction; yet he had so subtle a way of interrogating, and, under the notion of doubts, insinuating his objections, that he infused his own opinions into those from whom he pretended to learn, and receive

ple a better knowledge of Justice; and the end of it, that they may bless God and the king for

the same.

It hath been the custom, that before your Circuit you should receive such Directions as the king, or his council, thinks seasonable to impart unto you, for the service of the king and weal of the people: In the declaring whereof, I shall say little of the just acts you are to do between party and party, only that you do

equal right between poor and rich; the particulars are left unto yourselves, as they happen in your Circuits. But since you are sent by the king to hear the causes of the people, it is his majesty's pleasure, that you so hear and order the same, that they may have no cause to complain to his majesty either for denial or delay | of justice.

Of the Trial of capital offenders, I shall say as little; that part of Justice moveth in a frame, troubles, he undertook the command of a regiment of foot, and performed the duty of a colonel, upon all occasions, most punctually. He was very temperate in diet, and a supreme governor over all his passions, and affections, and bad thereby a great power over other mens. He was of an industry and vigilance not to be tired out, or wearied by the most laborious; and of parts not to be imposed upon, by the most subtle, or sharp; and of a personal courage equal to his best parts; so that he was an enemy not to be wished wherever he might have been made a friend; and as much to be

them. And even with them who were able to preserve themselves from bis infusions, and discerned those opinions to be fixed in him, with which they could not comply, he always left the character of an ingenious, and conscientious person. He was indeed a very wise man, and of great parts, and possessed with the most absolute spirit of popularity, and the most absolute faculties to govern the people, of any man I ever knew. For the first year of the parliament, he seemed rather to moderate, and soften the violent and distempered humours, than to inflame them. But wise and dispassioned men plainly discerned, that that mode-apprehended where he was so, as any man ration proceeded from prudence, and observation that the season was not ripe, rather than that he approved of the moderation; and that he begot many opinions, and motions, the education whereof he committed to other men; so so far disguising his own designs, that he seemed seldom to wish more than was concluded; and in many gross conclusions, which would hereafter contribute to designs not yet set on foot, when he found them sufficiently backed by majority of voices, he would withdraw himself before the question, that he might seem not to consent to so much visible unreasonableness; which produced as great a doubt in some, as it did approbation in others, of his integrity. What combination soever had been originally with the Scots for the invasion of England, and what farther was entered into afterwards in favour of them, and to advance any alteration of the government in parliament, no man doubts was at least with the privity of this gentleman.

"After he was among those members accused by the king of High Treason, he was much altered; his nature and carriage seeming much fiercer than it did before." [Upon this passage Mr. Laing has a very shrewd observation in relation to the character of king Charles, and the sentiments respecting him which his conduct had inspired.]" And without question, when he first drew his sword, he threw away the scabbard; for he passionately opposed the overture made by the king for a treaty from Nottingham, and as eminently, all expedients that might have produced any accommodations in this that was at Oxford; and was principally relied on, to prevent any infusions which might be made into the earl of Essex towards peace, or to render them ineffectual, if they were made; and was in leed much more relied on by that party, than the general himself. In the first entrance into the

could deserve to be. And therefore his death was no less pleasing to the one party, than it was condoled in the other. In a word, what was said of Cinna, might well be applied to him; he had a head to contrive, and a tongue 'to persuade, and a hand to execute, any mis'chief.' His death therefore seemed to be a great deliverance to the nation." Lord Clarendon.

+"Our greatest news here now is that we have a new Attorney General (William Noy), which is news indeed, considering the humour of the man, how he hath been always ready to entertain any cause whereby he might clash with the prerogative, but now, as Judge Richardson told him, his head is full of Proclamations and devices how to bring Money into the Exchequer. He hath lately found out among the old Records of the Tower some precedent. for raising a Tax called Ship Money in all the port towns when the kingdom is in danger." James Howell's Letters, 248, B. 1, sect. 6, letter xi. to sir Arthur Ingram, dat. Jan. 30, 1633 (1634). Other particulars of this Noy occur in other letters of Howell. Some mention of him as a lawyer was made by Thurlow C. and Buller J. in the Case of the bishop of London . Disney Fytche in Dom. Proc. 178. (See Cunningham's Law of Simony.) "Mr. Noy," says Selden, (Table Talk) "brought in Ship Money first for maritime towns, but that was like putting in a little auger that afterwards you may pot in a greater. He that pulls down the first brick does the main work; afterwards it is easy to pull down the wall." On the office of Attorney General and the operation of the office upon the character and conduct of the officer, some observations will be found in the Case of Rex v. Horne. A. D. 1777. post.

"The Narrow Seas were at this time" (says Kennett) "infested with Pirates of all the

things that concern the general and public good, you are to account them as the weightier matters of the law; and therefore you are to take them into your prime and chief care and cogitation. Now among those, I shall commend unto you in the first place, The presenting and convicting of Recusants; for as it concerneth Religion, so it hath relation to his majesty's Profits, which are two great motives, to which you may add a third, because the king hath many

years since assigned these forfeitures to the public defence.

In the next place, I do require you, that you make a strict inquiry after Depopulations and Inclosures; a crime of a crying nature, that barreth God of his honour, and the king of his subjects: Churches and houses go down together. His majesty knoweth and taketh notice, that according to former directions given you in this place, you have given it in charge to the

us, if that princely honour in our times should be lost, or in any thing diminished. And although that charge of defence, which concerneth all men, ought to be supported by all, as by the laws and customs of the kingdom of England hath been accustomed to be done: notwithstanding, we considering, that you constituted in the sea coasts, to whom by sea as well great dangers are imminent, and who by the same do get more plentiful gains, for 'the defence of the sea, and conservation of our princely honour in that behalf, according to the duty of your allegiance against such attempts, are chiefly bound to set to your helping hand: we command, firmly enjoining you the aforesaid mayor, commonalty and I citizens, and sheriffs of the said city, and the good men in the said city and in the liberties, and members of the same, in the faith and allegiance wherein ye are bound unto us, and as ye do love us and our honour, and under the forfeiture of all which ye can forfeit to us, that ye cause to be prepared and brought to the port of Portsmouth, before the first day ' of March now next ensuing, one ship of war of the burthen of 900 tons, with 350 men at 'the least, as well masters as very able and expert skilful mariners; one other ship of war of the burthen of 800 tons, with 260 men at the least, as well skilful masters as very able and expert mariners; four other ships of war, 'every of them of the burthen of 500 tons, and every of them with 200 men at the least,' as well expert masters as very able and skilful mariners; and one other ship of war of the burthen of 300 tons, with 150 men, as well expert masters as very able and skilful mari

'ners.

vanquishing of whomsoever busying them'selves to molest or trouble upon the sea our merchants, and other subjects and faithful |' people coming into our dominions for cause of merchandize, or from thence returning to their own countries. Also we have assigned you the aforesaid mayor and aldermen, of the city aforesaid, or any thirteen or more of you, within thirty days after the receipt of this writ, to assess all men in the said city, and in the liberties, and members of the same, and the landholders in the same, not having a ship, or any part of the aforesaid ships, nor serving in the same, to contribute to the ex'pence, about the necessary provision of the premisses, and to assess and lay upon the 'aforesaid city, with the liberties and members thereof, viz. upon every of them according to their estate and substances, and the portion assessed upon them, and to nominate and appoint collectors in this behalf. Also we have assigned you the aforesaid mayor, and also the sheriffs of the city aforesaid, to levy the portions so as aforesaid, assessed upon the aforesaid men and landholders, and every of 'them in the aforesaid city, with the liberties ' and members of the same, by distress and other due means, and to commit to prison all those whom you shall find rebellious, and contrary in the premises, there to remain until 'we shall give further order for their delivery. And moreover we command you, that about the premisses ye diligently attend, and do and execute those things with effect, upon peril that shall fall thereon, but we will not that under colour of our aforesaid command, more should be levied of the said men, than shall suffice for the necessary expences of the pre'inisses; or that any who have levied money ⚫ for contribution, to raise the aforesaid charges, should by him detain the same, or any part 'thereof, or should presume by any manner of 'colour to appropriate the same to other uses.

6

Willing, that if more than may be sufficient 'shall be collected, the same may be paid out among the contributors, for the rate of the part to them belonging. Witness, myself at Westminster the 20th day of October, in the tenth year of our reign.'

And also every of the said ships with Ordnance, as well greater as lesser, gun-pow'der and spears and weapons, and other ne'cessary arms sufficient for war, and with double tackling and with victuals, until the said 1st of March competent for so many men, and from that time for 26 weeks at your charges, as well in victuals as men's wages, and other things necessary for war, during that time, upon defence of the sea in our service in command of the admiral of the sea, to whom we shall commit the custody of the sea, before the aforesaid 1st day of March, "This Writ was read in a common council and as he on our behalf shall command them held at Guildhall Dec. 2, where the matter gave to continue, so that they may be there the a general disgust, and brought out this Resolusame day at the farthest, to go from thence tion upon it. This Court, after due and seriwith our ships, and the ships of other faithfulous consideration taken of the premisses, consubjects, for the safeguard of the sea, and defence of you and yours, and repulse and

ceiving that by their ancient liberties, charters, and acts of parliament, they ought to be freed