now is, a Writ of Scire facias was awarded out of the Court of Exchequer to the then Sheriff of Buckinghamshire against John Hampden, Esquire, to appear and show cause why he should not be charged with a certain sum so assessed upon him : upon whose appearance and demurrer to the proceedings therein the Barons of the Exchequer adjourned the same case into the Exchequer Chamber, where it was solemnly argued divers days; and at length it was there agreed by the greater part of all the Justices of the Courts of King's Bench and Common Pleas, and of the Barons of the Exchequer there assembled, that the said John Hampden should be charged with the said sum so as aforesaid assessed on him: The main grounds and reasons of the said Justices and Barons, which so agreed, being, that when the good and safety of the kingdom in general is concerned, and the whole kingdom in danger, the King might by writ under the Great Seal of England command all the subjects of this his kingdom at their charge to provide and furnish such number of ships with men, victuals and munition, and for such time as the King should think fit for the defence and safeguard of the kingdom from such danger and peril, and that by law the King might compel the doing thereof in case of refusal or refractoriness, and that the King is the sole judge both of the danger, and when and how the same is to be prevented and avoided; according to which grounds and reasons all the Justices of the said Courts of King's Bench and Common Pleas, and the said Barons of the Exchequer, having been formerly consulted with by His Majesty's command, had set their hands to an extrajudicial opinion expressed to the same purpose, which opinion with their names thereunto was also by His Majesty's command enrolled in the Courts of Chancery, King's Bench, Common Pleas and Exchequer, and likewise entered among the remembrances of the Court of Star Chamber, and according to the said agreement of the said Justices and Barons, judgment was given by the Barons of the Exchequer that the said John Hampden should be charged with the said sum so assessed on him: and, whereas some other actions and process depend, and have depended in the said 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: be it therefore declared and enacted by the King's Most Excellent Majesty and the Lords and the Com mons in this present Parliament assembled, and by the authority of the same, 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 of His Majesty that now is. And it is further declared and enacted by the authority aforesaid, 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 dependents 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 dependents of what kind soever, shall be vacated and cancelled in such manner and form as records use to be that are vacated. (Statutes of the Realm, V, 186.) 158. Charles I. and Strafford (1641) Letters and Dispatches. The letter of Charles to Strafford, and that of the monarch to Parliament in behalf of the earl, with the subjoined account of the interview of the messenger with Charles, conclusively prove the weakness and timidity of the king. The letters are of the greatest interest as being unimpeachable evidence of the faithlessness of the master to his chosen servant, whom he had promised at all hazards to protect. Strafford, CHARLES I. TO THE EARL OF STRAFFORD The misfortune that is fallen upon you by the strange mistaking and conjuncture of these times, being such, that I must lay by the thought of employing you hereafter in my affairs; yet I cannot satisfy myself in honour or conscience without assuring you (now in the midst of your troubles), that upon the word of a king you shall not suffer in life, honour or fortune. This is but justice, and therefore a very mean reward from a master to so faithful and able a servant as you have showed yourself to be; yet it is as much as I conceive the present times will permit, though none shall hinder me from being Your constant, faithful friend, Whitehall, April 23, 1641. Charles R. (Earl of Strafford's Letters and Dispatches, Lond., 1739, II, p. 416.) 158a. Charles I. to the House of Lords, in Behalf of the Earl of Strafford My lords, I did yesterday satisfy the justice of the kingdom, by passing of the bill of attainder against the earl of Strafford; but mercy being as inherent and inseparable to a king as justice, I desire at this time in some measure, to show that likewise, by suffering that unfortunate man to fulfil the natural course of his life in a close imprisonment, yet so that, if ever he make the least offer to escape, or offer, directly or indirectly, to meddle with any sort of public business, especially with me, either by message or letter, it shall cost him his life, without further process. This, if it may be done without the discontent of my people, will be an unspeakable contentment to me; to which end, as in the first place, I by this letter do earnestly desire your approbation; and to endear it the more, have chosen him to carry, that of all your house is most dear to me; so I desire, that by a conference you will endeavour to give the House of Commons contentment likewise; assuring you, that the exercise is no more pleasing to me than to see both Houses of Parliament content, for my sake, that I should moderate the severity of the law in so important a case. will not say, that your complying with me in this my pretended mercy, shall make me more willing, but certainly it will make me more cheerful in granting your just grievances; but, if no less than his life can satisfy my people, I must say, fiat justitia. I Thus again earnestly recommending the consideration of my intentions to you, I rest Your unalterable and affectionate friend, Whitehall, 10th May, 1641. Charles R. If he must die, it were charity to reprieve him till Satur(Journals of the House of Lords, May 11, 1641.) day. 158b. Parliament considers the King's Letter (The following record of the proceedings upon receipt of the above letter, taken from the Parliament Journals, throws further light upon the attitude of Charles.) This letter, all written with the king's own hand, the peers, this day received in Parliament, delivered by the hand of the prince. It was twice read in the House, and, after serious and sad consideration, the House resolved presently to send it by twelve of the peers, messengers to the king: "Humbly to signify, that neither of the intentions expressed in the letter could, with duty to them, or without evident danger to himself, his dearest consort the queen, and all the young princes their children, possibly be advised." Which being delivered, and more expressions offered, his majesty suffered no more words to come from them, but, out of the fulness of his heart, to the observance of justice, and for contentment of his people, told them, that what he intended by his letter was with an "If," "if it may be done without discontentment to his people. If that cannot be, I say again the same that I wrote, Fiat Justitia; my other intention, proceeding out of charity, for a few days' respite, was upon certain information that his estate was so distracted, that it necessarily required some few days for settlement thereof." Whereunto the lords answered, "Their purpose was to be suitors to his majesty, for favour to be shown to his innocent children; and, if he himself had made any provision for them, that the same might hold." This was well-liking to his majesty, who thereupon parted from the lords. At his majesty's parting, the peers offered up into his hands the letter itself, which he had sent; but he pleased to say: "My lords, what I have written to you I shall be content it be registered by you in your House; in it you see my mind. I know you will use it to my honour." (Journals of the House of Lords, May 11, 1641.) 159. A Summary of Grievances Contemporary Tract In the reign of Charles I. the discontent which had been growing since the time of Henry VIII. reached its culmination. The popular grievances found voice in many pamphlets and tracts; and from this political literature we have chosen, as particularly suggestive, the following illustration: CERTAIN QUERIES OF THINGS DONE SINCE KING CHARLES HIS REIGN BEGAN 1. When our good King James his death was by one of his physicians tendered to the King and Parliament, to be examined, why the Parliament was so soon dissolved? 2. When in the first and succeeding Parliaments, they began to fall upon Reformation in Kirk and State, why still were the Parliaments dissolved? 3. Why, presently after the Petition of Right in England was signed, it was violated and nulled by imprisonment of sundry members of Parliament, which cost some of them their lives? 4. Why at length came Parliaments to be so out of date and request, as that a proclamation was published inhibiting the least mention of ever having any more Parliaments in England? 5. Why against the Petition of Right was tonnage and poundage extorted? 6. Why against the Petition of Right was ship-money levied? 7. Why against the Petition of Right was coat-and-conduct money imposed? 8. Why against the Petition of Right was such an infinite number of monopolies to the drainage and exhausting of the subjects, granted? 9. Why was it attempted to make all England a forest, and so to make the people so many deer for Nimrods to hunt? 10. Who is the author of all the evils and grievances in the kingdom, and so the great troubler of Israel, seeing so many malefactors, and delinquents, and instruments of cruelty, are authorized and protected as innocents? II. Who aided the French King with eight ships, by means whereof the Protestants in Rochelle were most miserably destroyed, and all the rest in France left to the mercy of |