Transcript of legal opinions and arguments concerning John Hampden concerning ship...

HMS/4/22

Transcript of legal opinions and arguments concerning John Hampden concerning ship money (Hardwick MS 59)

1637-1667

This manuscript contains the proceedings of the trial against John Hampden who refused to pay ship money and in 1637 was brought to trial in the Court of Exchequer, in what became a test case regarding the legality of taxation levied without the consent of Parliament, and some argue contributed to the beginning of the English Civil Wars.

It details the arguments and resolutions of the justices of the court including those of: Sir William Weston, Sir Francis Crawley, Sir Barkley, Sir George Vernon, Sir Thomas Trevor, Sir George Crooke, Sir William Jones, Sir Richard Hutton, Sir John Denham, Sir Humphrey Davenport, Sir John Finch and Sir John Brampston.

The penultimate folio includes an unrelated handwritten copy of: "George Withers his salutation to Robert Rich's more special friends in common assembled by his appointment." Dated 24th January, 1667.

The publication on the penultimate folio is recorded in the Index of Literary Manuscripts as: WiG37.

GB 2495 H/145/13 Is a partial manuscript copy of the defence of John Hampden.

HM/59

1 volume;

198(w) x 286(h) x 30(d)

The fly-leaf contains the name John Boulton, written twice, suggesting the book might have been owned by him previously.

Brown calf leather-bound book

John Hampden, (born 1594, London-died June 24, 1643, Thame, Oxfordshire, Eng.), English Parliamentary leader famous for his opposition to King Charles I over ship money, an episode in the controversies that ultimately led to the English Civil Wars.

A first cousin of Oliver Cromwell, Hampden was educated at the University of Oxford and the Inner Temple, London, and entered the House of Commons in 1621. There he quickly became a specialist in matters of taxation and a close friend of Sir John Eliot, a leading Puritan critic of the crown. In 1627 Hampden was imprisoned for nearly a year for refusing to contribute a forced loan demanded by the king. When Eliot died in 1632, after three years in prison, Hampden s ill will for Charles was firmly established.

Hampden resisted on principle the payment of ship money, a levy collected by the king for outfitting his navy. Only Parliament was empowered to levy taxes, however, and Hampden reasoned that, as Parliament could meet only when summoned by the king, Charles was, in effect, eliminating the need to call Parliament if he could impose taxes himself. The king contended, however, that ship money was a type of tax that by custom did not need the approval of Parliament. In 1635 Hampden refused to pay 20 shillings in ship money, and the case went before the 12 judges of the Court of the Exchequer. Although seven of the judges upheld Charles and five sided with Hampden (1638), the narrow majority received by the king may have been a factor that encouraged widespread resistance to the tax.

[Source: John Hampden, https://www.britannica.com/biography/John-Hampden [accessed 3 June 2021].]

Robert Rich was the person with whom the 2nd Earl of Devonshire in 1623 had intended to duel, over a conflict relating to their adventures at sea.