| Sir John Finch, Lord Cheife Justice of the Common Pleas, his Argument
for Shipp-money June 9th 1638. In the Exchequer Chamber |
| 14. Car[olus] Trin[ity] Ter[m] &c pro Rege |
| Writt.[4] Aug: [1] 1th Car[oli] |
|
A Writt under the Greate Seale of England, the 4th August the 11th,
year of the King went forth to the Sherriffe of Buckingham(Sir Peter
Temple) Com[m]anding that a Shipp of 450 Tunns & 180 men should
bee ready furnished w[i]th all Munition and tackling, and to bee
at Portesmouth by the first of March next, and for 26 weekes to
goe w[i]th other of his Ma[jes]t[y]s Shipps, and of the Subjects,
to defend the Sea and Realm, beeing in danger, & to Charge and
Assesse all his Ma[jes]t[y]s Subjects, and all the Inhabitants w[i]thin
the said Counties, and all Occupiers Ten[n]ants and Terrtenants
there (that have not part in it nor serve on itt) for and towards
the preparation & Setting of it forth according to their abilitie |
| The Record of Certiorary sayth that Stockmandevile is w[i]thin the
said Countie, and was Assessed its rateable part and that John Hampden
Esq[ui]r[e] had Lands there, and was Assessed 20 s[hillings] who refused
to pay the same, as by a Schedule 9 Martij Anno 12th Car[oli] annexed
unto the said Certiorary may appeare |
| Upon this a Mittimus 5th Maii in the 13th yeare of the King, w[i]th
the Certiorary and Schedule annexed, issued out of the Chauncery to
the Barons of the Exchequer to doe there for the sume unpaid pro ut
de jure et idem Lege[m] et Consuetudine[m] Regni nostri Anglia, fuerit
faciend' |
| Upon this a scire fac[ias]dat 22 Maii An[n]o 13. Car[oli] went forth
of the Exchequer to warne Mr Hampden to shew cause why hee should
not pay the money Assessed and bee Charged |
| Upon the returne thereof Mr Hampden appeares and demands Oyer of
the Writt, Certiorary Mittimus and Scire fac[ias] &c and upon
hearing of them read demurres, and Mr Attorney thereunto adjoyned
and then my Lord Cheife Baron adjourned it
un to the Exchequer Chamb[er] desireing the advise of all his
Ma[jes]t[y]s Judges, and what wee advise, the Court ought and must
give judgm[en]t accordingly. |
| In the debateing of the Cause (amongst the Judges) there hath been
greate variety of opinions, a thing usuall & Frequent in all great
causes and consultations, w[hi]ch shewes com[m]only the difficulty
of the Case, and many times a Candor and Clearenesse of the Judges
between who combination and conspiracy would bee most odious, Scandalous
and pernitious: however all agree that it is ye greatest
cause Case that ever came before them. |
| As the Sunne arissing on the Horizon seemes not soe cleare as when
it is beholdong on the Meridian soe this cause hath been apprehended
of a Farre greater nature, and tenderer then it is, yet tender and
weighty it is if equally weighed, for Wee all agree, that it is the
greatest Cause that ever came to bee argued in this Counsell Chamber
of the Law, seeing in the one Ballance wee may put the Regal Power,
or Rather the Regality it Selfe, and on the other the Priviledges
and Liberty of the Subject his person and Estate; to looke through
the multiplying Glasse of Affection, neither can it bee truly discerned
much lesse to Multiply it by the Glasse of the Fancy, therefore Justice
had need to bee single |
| I cannot feare my Selfe when vulgar opinion ˆ hath past upon
all, yet I will not say Domine posuisti me on lubrico loco, for a
judge as the Primum Mobile (according to whom all other are to sheare
there course) must move steddily upon their right Poles, and I hope
none desire to stirre a Com[m]oc[i]on amongst us, What Judge soever
hee bee that is Elevated by popular applause, or accumelates Honour
is fitt rather to live in facie Romuli quam policia Anglice, I shall
not forgett the Oath nor the Duty I owe to the Kinge, or Com[m]onwealth,
but shall endeavour to satisfy my Consience in all that I shall say;
and they forgett their Duty to the First and Humanity towards us,
that say or thinke the Contrary: Some of us have fortunes and Posterities,
and therein Hostages, wee give to the Com[m]onwealth an interest as
neerely as Mr Hampden; those that want those blessings want those
temptac[i]ons that make them dreame (or Hunt) for Honour & Riches,
nor ..... |
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