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Robert Chambers, a merchant of London, an old opponent of the imposts who had suffered imprisonment for his opposition, had endeavoured to test the legality of ship money in a court of law, but without success; for the court had refused to hear his counsel on the ground, as stated by sir Richard Berkeley, that 'the question raised was one of government and not of law.' And now lord Saye and Sele, and John Hampden, a Buckinghamshire squire, determined to obtain a legal decision upon the point. The king, confident in the opinion expressed by the judges, had no reason to offer any opposition to the course proposed, and Hampden's, made a test case, came on for hearing in the court of exchequer in November 1637.

In cases of great importance and difficulty arising in one of the three superior courts of law, it was usual to adjourn the case into the exchequer chamber, a court which, for this purpose, consisted of all the judges of the three courts. This course was taken by the barons of the exchequer in Hampden's case. The case was argued solemnly for several days; and in the result, it was decided by a majority of the judges that Hampden should be charged with the sum assessed on him, the main grounds and reasons for the decision being those of the extra-judicial opinion of the judges in February 1636.

A fifth issue of writs, in 1638, was followed by a sixth, in November, 1639.1

1 According to Best's Farming Book, p. 161, the township of Elmswell, which by custom was assessed to the subsidies at 10%., was assessed to the ship money, March 30, 1640, at 6/. 10s. The whole beacon— Baynton beacon, a Yorkshire name for a division of a wapentake or hundred-was assessed 'towards the building of two ships of 480 ton

A list of the distribution of ships to the several counties of England and Wales, with their tonnage and men as the same was ordered to stand in the year 1639, is given in Appendix V. The charge is calculated at 107. per ton, viz., for a ship of 400 tons, 4,000l. The proportion of men to tonnage was always two men to every five tons.

At last, the king was compelled to summon a parliament, April 1640, in order to provide for the expenses of the preparations for the campaign in Scotland. But this parliament, subsequently known as the short parliament, was dissolved as soon as it appeared probable that they would refuse to proceed at once to the question of supply.

In September the king summoned a great council of peers and laid before them the difficulties of his case, and on their advice, summoned in November the fifth, subsequently known as the Long Parliament. This parliament, after passing the Triennial Act and the Bill of Attainder against Strafford, settled the question of tunnage and poundage by granting the subsidy for a short term, and then proceeded to pass Acts against the ship money, distraint for knighthood and illegal impositions, and for ascertaining the bounds of the royal forests.

The Act against ship money, 16 Car. I. c. 14, entitled, 'An Act for declaring illegal and void the late

apiece' at 2107. 188. 7d. Elmswell was always charged in bonis, that is, at the rate of 28. 8d. to the subsidy, a payment of 67. 10s. would, therefore, represent about five subsidies on the old assessment. Two ships of 480 tons at 107. the ton would be 9,6007. for the county, the amount charged on Yorkshire in the List of Distribution, though for a single ship of 960 tons.

proceedings touching ship money and for vacating all records and process concerning the same' recites :

The issue of the ship-writs. The necessity of enforcing payment against sundry persons by process of law. The proceedings against Hampden. The hearing of the case and the decision of the judges that Hampden should be charged with the sum assessed on him. The grounds for that decision. The extrajudicial opinion given by all the judges on the case submitted to them in February 1636, and, That other cases were then depending in the court of exchequer and in some other courts against other persons, for the like kind of charge, grounded upon the said writs commonly called ship writs, all which writs and proceedings as aforesaid were utterly against the law of the land;' and enacts :—

"That the said charge imposed upon the subject for the providing and furnishing of ships, commonly called ship-money; and the said extrajudicial opinion of the said justices and barons and the said writs, and every of them and the said agreement or opinion of the greater part of the said justices and barons, and the said judgment given against the said John Hampden, were, and are, contrary to and against the laws and statutes of this realm, the right of property, the liberty of the subjects, former resolutions in Parliament, and the Petition of Right made in the third year of the reign.

And further, that all and every the particulars prayed or desired in the said Petition of Right, shall from henceforth be put in execution accordingly, and shall be firmly and strictly holden and observed, as in

the same Petition they are prayed and expressed. And that all and every the records and remembrances of all and every the judgment enrolments, entry and proceedings as aforesaid, and all and every the proceedings whatsoever, upon, or by pretext or colour of any of the said writs commonly called ship writs, and all and every the dependants on any of them, shall be deemed and adjudged to all intents, constructions and purposes to be utterly void and disannulled, and that all and every the said judgment, enrolments, entries, proceedings, and dependants of what kind soever, shall be vacated and cancelled in such manner and form as records use to be that are vacated.'1

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BENEVOLENCES.

CHAPTER IV.

MONOPOLIES.

THE TARIFF OF HONORS.

1. Benevolences.

Benevolence levied in 1614 after the dissolution of 'the addled parliament.' Another, in 1622, for the Palatinate. Suppression of forced loans and benevolences by the Petition of Right, in 1627.

WHEN the disputes between king James and his parliament had begun, and the addled parliament,' as it was termed, on the refusal of the commons to go into the question of supply until their grievances were redressed, had been dissolved in June, 1614, without passing any Act, the king had recourse to a benevolence in lieu of a subsidy. Letters were sent from the lords of the council into the several shires, to the sheriffs and justices of the peace, to move them to exertions to obtain gifts of money and plate for the king, and the money and plate were to be sent to the Jewel House, in Whitehall, with a register in writing of the value of every particular gift and the name of the giver, to be presented to his majesty's view.1

Another benevolence was subsequently raised in 1622, after the dissolution of the parliament of 1621, for the recovery of the Palatinate. This benevolence

1 Hamilton, Quarter Sessions, pp. 42-7.

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