who did not wish him so. To men of this temper and taste, the persecution then so actively carried on by Laud must have appeared most odious and unwise.

In 1634 Hampden lost his beloved wife, and his mind, which had always been of a religious turn, became more serious and devout under the pressure of affliction. He was taxed with Puritanism,

as were all men who entertained liberal opinions in politics, or who disliked the new church ceremonies, and the inquisitorial proceedings of the primate; but though he had to act with fanatics, he was a stranger to fanaticism in his own heart. When Charles demanded ship-money, Hampden resolved to make a bold and decisive stand, and he refused payment of what he maintained was an illegal tax.

He had taken advice in this great business from Holborne, St. John, Whitelock, and others of his legal friends, as to the means of trying the issue at law. Encouraged by his example, thirty other freeholders of his parish, of Great Kimble, in Buckinghamshire, refused payment. Almost as soon as the opinion of the judges on the legality of ship-money was recorded, the crown lawyers were ordered by the king to proceed in the court of exchequer against Hampden, as the chief defaulter. The point in law was argued in Michaelmas term, 1637, on the part of Hampden by Oliver St. John and Robert Holborne-on the part of the crown by the attorney-general, Sir John Bankes, of Corfe Castle, and the solicitor-general, Sir Edward Littleton. The cause began on the 6th of November, and lasted to the 18th of December. All the judges were present, and particularly argued this great point on the bench. According to the courtiers, this was a miserable stir about twenty paltry shillings-for this, and no more, was the sum demanded from Hampden ;--but the men who loved their country looked to it as the manly assertion of a great and holy principle, as the weightiest cause that could be decided between the sovereign and the people. The crown lawyers insisted on ancient precedents from the Saxon times downwards, and they dilated upon the fairness and lightness of the impost and the pittance demanded from the wealthy Mr. Hampden. It was urged, that if he were too highly assessed he might call the sheriff in question. "But," they continued, "the "But," they continued, "the sheriff of Bucks is rather to be fined for setting him at so low a rate as twenty shillings. We know what house Mr. Hampden is of, and his estate, too. For anything we know, it might as well be twenty pounds." On the other hand, Hampden's council maintained that the law and constitution of England had sufficiently provided for the defence. of the kingdom without the novelty of ship-money. There were, for example, the military tenures, which bound a considerable part of the kingdom to military service at the charge of the possessors of estates; there were the Cinque Ports and other towns, some of them not maritime, held by an

analogous tenure, and bound to furnish ships or men; there were the aids and subsidies voted by parliament; there were the king's certain revenues, the fruits of tenure, the profits of various minor prerogatives, and other means and resources bestowed by the constitution on the sovereign, and which were all applicable to the public service and defence of the realm; and there were, moreover, the customs levied on merchandise, which, it appeared, ought to be more especially applicable to maritime purposes,* and which, as all men knew, had been augmented far beyond ancient usage. "Of the legality hereof," said St. John, "I intend not to speak; for in case his majesty may impose upon merchandise what himself pleaseth, there will be less cause to tax the inland counties; and in case he cannot do it, it will be strongly presumed that he can much less tax them." St. John went on to urge the usefulness and power of parliaments as summoned by the old sovereigns in times of danger. The kings of England, St. John observed, in moments of danger, had ever had recourse to their parliaments, and the aids demanded by them and granted by parliament were most numerous. If they had assumed the right of judging of the danger and providing for it of their own right by exacting money from the subject, this could hardly have been the case, it being “rare in a subject, and more so in a prince, to ask and take as a gift that which he might and ought to have of right, and that, too, without so much as a salvo or declaration of his right." The very asking of benevolences and loans proved that the crown possessed no general right of taxation. If it had possessed such a right it would have taxed and not borrowed. To borrow with promise to repay, or (as in the case of benevolences) to beg alms, as it were, from their subjects, was not the practice of absolute sovereigns, but of princes bound and limited by a constitution. The loans of former times had in some cases been repaid expressly to clear the king's conscience-ad exonerandum conscientiam. And that very arbitrary prince, Henry VIII., who felt it inconvenient to repay what he had borrowed, could not sit down with a comfortable mind till he had obtained from parliament acts to release him from the obligation. Hampden's advocates relied upon Magna Charta, and especially upon the Confirmatio Chartarum of Edward I., which clearly abrogated for ever all taxation without consent of parliament; and they made still more account of the famous statute de Tallagio non Concedendo of Edward III. That warlike sovereign had often infringed this right of the subject, but the parliament never ceased to remonstrate, and, in the end, the conqueror of

St. John quoted authorities to prove that the grant of customs was principally for the protection of merchants at sea against the enemies of the realm, and against pirates, the common enemies of all nations; that these, and likewise the impositions, were for that purpose that the aids and subsidies, and likewise the tonnage and poundage, before they were granted for life, were not only for the protection of merchants, and the ordinary defence of the sea, but also for the defence thereof in times of extraordinary dangers and of invasion from enemies, as appeared by several grants of them in the Parliament Rolls.

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people not to resign any of their rights, or overincrease the sovereign power, for fear of an evil successor. My Lord Chief Justice Finch here said, "It belongs not to the bar to talk of future governments; it is not agreeable to duty to have you bandy what is the hope of succeeding princes, when the king hath a blessed issue so hopeful to succeed him in his crown and virtues." My lord," said Holborne, "for that whereof I speak I look far off, many ages off-five hundred years hence." And yet all the judges were not so prompt and resolute as the court wished. Even Finch and Crawley thought it decorous to prolong the discussion, and the business was dragged through the three following terms. In Hilary Term, 1638, there was an appearance of unanimity; but by Easter Term the judges differed, and Croke boldly concluded against ship-money. Croke had signed the answer to the king's question with the rest, but it was out of a fear of consequences. The loss of place was then generally attended by such persecutions as might daunt a man not constitutionally timid. The judge saw a prison for himself, poverty and want for his family, if he resisted the royal will; but his high-minded wife, who was equally aware of this danger, encouraged him to encounter it. She "was," says Whitelock, "a a very good and pious woman, and told her husband upon this occasion, that she hoped he would do nothing against his conscience, for fear of any danger or prejudice to him or his family; and that she would be contented to suffer want or any misery with him, rather than be an occasion for him to do or say anything against his judgment and conscience." ""* So long as there were English wives and mothers of this brave sort, the liberties of the country were not to be despaired of. Justice Hutton joined Croke, and when Justice Jones treated the matter somewhat doubtingly, deciding for the king, but with the condition that no portion of the ship-money should ever go to the privy purse, he manfully denied the legality of the tax, and advised that judgment should be given for Hampden. But, in Trinity Term, on the 11th day of June, 1638, the attorney-general-as the sentence of the majority of the judges was still for the king-moved for judgment to be entered against Mr. Hampden; and, on the following day, judgment was entered in the Court of Exchequer.† The opposition, however, that had been made by two of the judges went to deepen the impression already made by the trial. The government could no longer get money from the sheriffs of counties,-every where men took heart. "Hampden," says Clarendon, "by the choice of the king's counsel, had brought his cause to be first heard and argued; and with that judgment it

Memorials.

Brampton, Chief Justice of the King's Bench, and Davenport, Chief Baron of the Exchequer, had pronounced for Hampden, but merely upon technical reasons, and had joined the majority on the principal question. Denham, another judge of the same court, was more honest; being sick in his bed, he sent in a written judgment in favour of Hampden. The court majority of seven consisted of Finch, Chief Justice of the Common Pleas, Jones, Berkley, Vernon, Crawley, Trevor, and Weston.

was intended that the whole right of the matter should be concluded, and all other cases overruled."* Thus, the Lord Say, who had refused ship-money, and excited a spirited opposition in Warwickshire, was denied a trial when he asked for it. But Clarendon is fain to confess that the sentence procured against Hampden did not set the question at rest; that, on the contrary, it stirred up resistance to ship-money, or, as he expresses it "it is notoriously known, that pressure was borne with much more cheerfulness before the judgment for the king than ever it was after." Archbishop Laud seems to have thought that this was owing to justices Croke and Hutton, who, according to him, had both "gone against the king very sourly." In writing across the water to my lord deputy, Laud The accidents which have followed upon it already are these:-first, the factions are grown very bold; secondly, the king's monies come in a great deal more slowly than they did in former years, and that to a very considerable sum. Thirdly, it puts thoughts into wise and moderate men's heads, which were better out; for they think if the judges, which are behind, do not their parts both exceeding well and thoroughly, it may much distemper this extraordinary and great service."+

says,

The sympathising Wentworth, it appears, thought that matters might be mended by whipping Hampden, like Prynne or Lilburne. "Mr. Hampden," says he to his dear friend the archbishop, "is a great brother; and the very genius of that nation of people leads them always to oppose, both civilly and ecclesiastically, all that ever authority ordains for them. But, in good faith, were they rightly served, they should be whipped home into their right wits; and much beholden they should be to any that would thoroughly take pains with them in that sort." Nor did Wentworth become more lenient upon reflection; for he says again, "In truth I still wish Mr. Hampden, and others to his likeness, were well whipped into their right senses. And, if the rod be so used that it smart not, I am the more sorry."§

The court crowded a vast deal of tyranny and cruelty into the interval of time between the opening and closing of this trial, but it did not venture to scourge and mutilate the English gentleman who was now regarded as Pater Patria, and as the pilot who must steer the vessel through the tempests and rocks that threatened it. At the same time Hampden's prudence and moderation, which are highly praised by all his contemporaries, of whatsoever party, prevented his giving any hold to the arbitrary council, who longed at least for an opportunity of committing him to the Tower, where his honoured and dear friend, Sir John Eliot, was wearing out in sickness the last years of his life. But no prudence, no moderation, no virtue, could at all times be a shield against such men as Wentworth and Laud, and their master

Charles; and it is said that Hampden determined to leave England. Numbers of the English people with their persecuted ministers had settled in the wilderness of Connecticut, where, notwithstanding the edicts of the primate, which went forth to the ends of the world, they hoped to enjoy religious liberty. Lord Say and Lord Brooke were the original projectors of a great scheme of emigration, and they had consulted respecting it with their friend Mr. Hampden. He no doubt suspected, what has since been proved, that the government was watching its moment and studying how it best might crush him; and though we have very great doubts that he ever intended anything more than a short absence, it is stated, that Hampden, with Haselrig, and his own kinsman Oliver Cromwell, over whom he possessed great influence, and in whom, under an appearance of coarseness and extravagance, he had detected great talents and all-mastering energy, got everything ready to join the pilgrim fathers in America. Nay, it is even said in this very striking, and generally received story, that these gentlemen had actually embarked, and were lying with seven other ships filled with emigrants, in the Thames, ready to make sail, when the court, jealous of the departure of so many subjects, issued a proclamation* forbidding any more to leave England without

There are two proclamations to this effect in Rymer. One is dated the last day of April, 1637, and entitled,-"A proclamation against the disorderly transporting his majesty's subjects to the plan. tations within the parts of America." In this document his majesty complains that great numbers of his subjects have been, and are every year, carried to America, and "there settle themselves, some of them with their families and whole estates, amongst which numbers, there are also many idle and refractory humours, whose only or principal end is, to live as much as they can without the reach of authority." His majesty was also anxious to keep at home such people as could pay taxes, and was "minded to restrain, for the time to come, such promiscuous and disorderly departing out of the realm, and doth therefore straightly charge and command all and every the officers and ministers of his several ports in England, Wales, and Berwick, that they do not hereafter permit, or suffer, any persons, being subsidy men, or of the value of subsidy men, to embark themselves in any

the royal license; and followed up this proclamation with an order in council, authorising the lord treasurer to take speedy and effectual course for the stay of eight ships, now in the river of Thames, prepared to go to New England, and for "putting on land all the passengers and provisions therein intended for the voyage." This order, it is said, was executed in the very nick of time, and so Haselrig, Hampden, and Oliver Cromwell remained in England, and with them remained the evil genius of the house of Stuart. We confess that we have some doubts as to the whole of this story, which is not mentioned by Whitelock, who was a relation of Hampden, nor by Rushworth, nor indeed by any contemporary writer of that party: and we are inclined to think that the question, if not quite, has almost been set at rest by an acute and spirited biographer of our own day."

But by this time the storm had arisen in the north. The new service book was sent out at the beginning of the year 1637, and appointed to be read in all Scotch churches from the Easter Sunday, as the only form of prayer his majesty thought fit to be used. The Scots maintained that the sovereign could not impose a Liturgy without consent of their own parliament, and their murmurs were so loud that the experiment was put off from Easter to Sunday the 23rd of July, when the Dean of Edinburgh began to read the book in St. Giles's kirk, which had been recently converted by Laud into a cathedral church. The people, fully prepared, had gathered in crowds from many parts. The arch

the said ports, or the members thereof, for any of the said plantations, without license." The second proclamation, which is much more simple, is dated the 1st day of May, 1638.

John Forster, esq. in his "Lives of British Statesmen." See Life of Pym. Mr. Forster shows that the embargo was speedily taken off the ships, and they left with all their passengers. Mr. Wallace had already suggested a doubt of the story, from its resting only upon the authority of one or two royalist writers. See the Continuation of Sir James Mackintosh's History of England.

bishops and bishops," the lords of session, and the magistrates were all present by command. No sooner had the dean opened the service book and begun to read out of it than the people filled the church with uproar, clapping their hands, uttering execrations and outcries, raising a hideous noise and hubbub. The Bishop of Edinburgh, who was to preach that day, stepped into the pulpit, which was immediately above the reading-desk, and tried to appease the tumult by reminding them of the holiness of the place; but this increased the storm instead of allaying it, and presently a jointstool was thrown at the bishop's head, but diverted by the hand of one present-luckily diverted-for, though thrown by the arm of a woman, it was thrown with such vigour, that the general opinion was, that had it hit him, supposing his skull to be only of ordinary thickness, the stool must have killed the bishop. Sticks, stones, dirt followed the stool, with cries of "Down with the priest of Baal!" "A pape, a pape!" "Antichrist!" "Thrapple him!" "Stone him!" The Archbishop of St. Andrew's (Lord Chancellor), and other great persons then attempted to restore order, but they had no reverence from the multitude, who cursed them, together with the bishop and dean. Then the provost, the bailies, and others of the city authorities, came forth from their places, and with much ado and in terrible confusion cleared the church of the chief of those people that had made the tumult, and shut the church doors against them. And the dean began to read the service anew, but such were the outcries, rapping at the doors, throwing in of stones at the windows by the multitude without, who still kept crying "A pape, a pape!" "Antichrist!" "pull him down!" that the baillies of the city were again obliged to leave their places to appease the fury. At last the service and sermon were both ended, but not the people's rage: the Bishop of Edinburgh, who had preached the sermon, on leaving the church for his residence, distant not many paces, was surrounded by the multitude, cast down and nearly trodden to death. He was rescued by some friends who saw his danger, and carried home breathless. The same morning the new service was read in another church adjoining to St. Giles's, yet not without a tumult, and in the Grey Friars' church the Bishop elect of Argyle, who began to read it, was hooted and threatened, and forced to give over after coming to the confession and absolution. Between morning and afternoon service the provost and baillies of Edinburgh were summoned before the Privy Council, who assembled at the Lord Chancellor's, and undertook to do their utmost for the peaceable reading of the prayers in the afternoon. Accordingly the churches were kept tolerably quiet by keeping out the people altogether; but after service the tumult was far greater than in the morning; and the Earl of Roxburgh, lord privy seal, who undertook to carry the bishop home from St. Giles's in his coach, was so pelted with stones, and so pressed upon by the mob, who wanted to drag out the "priest of Baal," that he was obliged to

order his footmen and numerous attendants to draw their swords; and thus he and the bishop at last got into the palace of Holyrood, covered with dirt and curses.

On the following day the council issued a proclamation in detestation of this tumult, and to forbid all tumultuous meetings and concourse of people to Edinburgh, upon pain of death. The magistrates pretended to deplore the disturbances; and they stated that no persons of quality had appeared in them. In truth, the rioters had been for the most part women and children of the poorest condition. The town-council, however, thought fit to suspend the reading of the new service till his majesty's further pleasure should be known, seeing it was so dangerous to the readers.* For this they were harshly rebuked by Laud, who told them, through the Earl of Traquair, Lord Treasurer for Scotland, that his majesty took it very ill that the business concerning the establishment of the service-book had been so weakly carried, and had great reason to think himself and his government dishonoured by the late tumult in Edinburgh. "And, therefore," continues the English primate, "his majesty expects that your lordship and the rest of the honourable council set yourselves to it, that the Liturgy may be established orderly, and with peace, to repair what hath been done amiss.

Of all the rest, the weakest part was the interdicting of all divine service till his majesty's pleasure was further known. And this, as also the giving warning of the publishing, his majesty, at the first reading of the letters, and report of the fact, checked it, and commanded me to write so much to my Lord of St. Andrew's, which I did; and your lordship, at the council, July 24, spake very worthily against the interdicting of the service, for that were in effect as much as to disclaim the work, or to give way to the insolency of the baser multitude, and his majesty hath commanded me to thank you for it in his name; but the disclaiming the book as any act of theirs, but as it was his majesty's command, was most unworthy 'tis most true, the king commanded a Liturgy, and it was time they had one; they did not like to admit of ours, but thought it more reputation for them (as indeed it was) to compile one of their own; yet as near as might be they have done it well. Will they now cast down the milk they have given, because a few milkmaids have scolded unto them ?" At the same time, several of the Scottish lords, not content with denying all share in the prayer-book, quarrelled violently with the new bishops and the most stirring of the antipresbyterian clergy. Traquair himself complained to the Marquess of Hamilton, who was at court, and still high in the royal favour, that some of the leading men among them were so violent and forward, had such a want of right understanding how to compass business of this nature and weight,

Whitelock.-Rushworth.

↑ Laud's letter to Traquair, in Rushworth. Some slight alterations had been made in the Scottish Liturgy,-hence Laud said that it was their own.