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The King, versus John Hampden, in the Case of Ship Money

The First Day's Argument of Mr. St. John, on behalf of Mr.

Hampden, before all the Judges in the Exchequer Chamber

The Second Day's Argument of Mr. St. John

The First Day's Argument of Sir Edward Littleton, knt. his
Majesty's Solicitor General, on behalf of his Majesty

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The Argument of Sir Edward Crawley, knt. one of the Justices of
the Court of Common Pleas

The Argument of Sir Robert Berkley, one of the Justices of the

Court of King's Bench -

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A few Notes of the Argument of Sir Thomas Trevor, one of the
Barons of the Court of Exchequer

The Argument of Sir George Crooke, one of the Justices of the

Court of King's Bench

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COBBETT'S

COMPLETE COLLECTION

OF

State Trials.

127. Proceedings on the HABEAS CORPUS, brought by Sir Thomas Darnel, Sir John Corbet, Sir Walter Earl, Sir John Heveningham, and Sir Edmund Hampden, at the King's-bench, in Westminster-hall: 3 CHARLES I. A. D. 1627: Together with the Proceedings in Parliament, relating to the LIBERTY OF THE SUBJECT: A. D. 1628 and 1629.

THE king having deprived himself of the prospect of all parliamentary Aids, by dissolving the parliament, and yet resolving to prosecute the war; it was necessary to project all possible ways and means of raising money; to which end letters were sent to the Lords Lieutenants of the counties, to return the names of the persons of ability, and what sums they could spare; and the Comptroller of the king's Household issued forth letters in the king's name, under the privy seal, to several persons returned for the Loan-money; some were assessed 201. some 15, and others 10l. and Commissioners were appointed with private instructions how to behave themselves in this affair, and divers lords of the council were appointed to repair into their counties to advance the Loan. Collectors were also appointed to pay into the exchequer the sums received, and to

"Sir Randolf Crew shewing no zeal for the advancement of the Loan was then removed from his place of Lord Chief-Justice, and sir Nicholas Hyde succeeded in his room: a person who, for his parts and abilities, was thought| worthy of that preferment; yet nevertheless came to the same with a prejudice, coming in the place of one so well-beloved and so suddenly removed." 1 Rushworth, 420.-Croke | (Charles) p. 52. "Mem. upon Friday the 10th of Nov. sir Randolf Crew, Chief Justice of the King's Bench, was discharged of that place, by writ under the great seal, for some cause of displeasure conceived against him; but for what, was not generally known."

VOL. III,

return the names of such as refused, or discovered a disposition to delay the payment of the sums imposed. This assessment of the general-Loan did not pass currently with the people, for divers persons refused to subscribe or lend at the rate proposed; the non-subscribers of high rank in all counties were bound over by recognizances to tender their appearance at the Council-board, and performed the same accordingly, and divers of them committed to prison: which caused great murmuring. But amongst those many gentlemen who were imprisoned throughout England, for refusing to lend upon the Commission of Loans, only five of them brought their Habeas Corpus, viz. sir Thomas Darnel, sir John Corbet, sir Walter Earl, sir John Heveningham, and sir Edmund Hampden.

ARGUMENTS

UPON THE HABEAS CORPUS. Sir THOMAS DARNEL his case, Mich. 3 Caroli. Banco Regis.

Sir Thomas Darnel, baronet, being imprisoned in the Fleet, by virtue of a warrant signed by the king's Attorney General, upon the 3rd of November, by serjeant Bramston, his assigned council, moved the justices of the King's Bench to grant him a Writ of Habeas Corpus cum causa; directed to the Warden of the Fleet, to shew that court the cause of his imprisonment, that thereupon they might determine whether his restraint were legal or illegal; and it was granted by the court returnable Thursday following the 8th of November.

B

On Thursday, sir Thomas Darnel expected | that his Writ should be returned, but it was delayed; and it was moved that the return should be on Saturday, the 10th of November, which made sir Thomas the more remiss in suing out an Alias upon bis Habeas Corpus. On Saturday the Writ was not returned, and thereupon the king's Attorney General gave order for an alias upon the Habeas Corpus for sir Thomas Darnel, returnable upon Thursday morning the 15th of Nov.; by virtue of which Writ, the warden of the Flect brings sir Thomas Darnel to the King's Bench, and returneth as followeth :

· Executio istius Brevis pacet in quadam schedula annexat' huic brevi.

The return was this:

Ego Henricos Liloe miles guardianus prisonæ domini regis de le Flect serenissimo domino regi certifico quod dic'. Thomæ Darnel ba'ronet' detentus est in prisona prædict' sub custodia mea virtute cujusdam warranti duorum de privato consilio mihi directi, cujus tenor sequitur in his verbis, viz.

Whereas heretofore the body of sir Thomas Darnel hath been committed to your custody, these are to require you still to continue him; and to let you know that he was and is committed by the special command of his ma'jesty, &c.

Et hæc est causa detentionis prædict' Thoma Darnel.

Serj. Bramston. May it please your lordship, I did not expect this cause at this time, neither did I hear of it until I came now into the Hall; and therefore I shall now humbly shew you what my client hath informed me since my coming hither. I understand by him that he expected not his coming to this place to day; the Writ by which he was brought hither was not moved for by him, but was procured without his privity; and seeing his case is so, and that he perceives the cause of his coming, which before he knew not, his motion to your lordship is, that you would be pleased to let him have the copy of the return, and give him time to speak unto it, and that this Writ being not sent out by his procurement, may not be filed.

Attorney General Heath. My lords, it is true that this gentleman, sir Thomas Darnel, being imprisoned in the Fleet, did heretofore move your lordships for a Habeas Corpus, &c. and it was granted him and his majesty being made acquainted therewith, was very willing that he and all his people might have equal justice; and when they desire that which seems to accord with the rules of the law, they should have it. But it fell out so, that on the day when the Writ should have been returned, the Warden of the Fleet did not return it, as it was his duty to have done; he did forbear to do it upon a commandment, because it was conceived, there being five at that time to appear, the Court would have been straitened for want of time: but I imagined that these

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gentlemen who did desire the Writ before, should have again been earnest to renew them, which it seems they did not. This Habeas Corpus was sent out by special command, because these gentlemen gave out in speeches, and in particular this gentleman, That they did wonder why they should be hindered from Trial, and what should be the reason their Writs were not returned: nay, his majesty did tell me, that they reported that the king did deny them the course of justice, and therefore he commanded me to renew the Writ, which I did, and think I may do it ex officio.

Sir Tho. Darnel. My lords, I knew not until now, but that I was committed by Mr. Attorney's Warrant only, and thereupon I did desire a Habeas Corpus at the bar, which you stand that my restraint is by another means, were pleased to grant me; but now I underand therefore I shall crave leave to have some time to speak to it. And as for the words alledged against me, as if I had spoken them, I humbly pray they may be no disparagement to my cause, for I do patiently refer myself to your grave censures, as being accused of a fact whereof I am no ways guilty.

Hyde (L. C. Justice.) You give a temperate and fair answer; and now you may perceive the upright and sincere proceedings that have been in this business. You did no sooner petition to have counsel assigned you, but you had it granted to you, for indeed we cannot deny it; and I know not but that any counsel might have moved for you, without having been assigned for you, and yet have had no blame; for it is the king's pleasure his laws should take place and be executed, and therefore do we sit here. When you made a motion for a Habeas Corpus, that was likewise granted; whether the commitment be by the king or others, this Court is a place where the king doth sit in person, and we have power to examine it; and if it appears that any man bath injury or wrong by his imprisonment, we have power to deliver and discharge him; if otherwise, he is to be remanded by us to prison again. Now it seems you are not ready to speak to this return; if you desire a further day, we ought to grant it.

Sir T. Darnel. My lords, I humbly desire it. L. C. J. I know no cause why it should be denied.

Serj. Bramston. My lords, we shall desire the Writ may not be filed, and that we may have a copy of the return.

Att. Gen. You cannot deny the filing of the Writ, if you desire to have a copy of the return.

L. C. J. Although you be remanded at this time to prison, because you are not ready to speak to the return, we can adjourn you to a new day upon the Writ, and so you may prepare yourself; but if you will not have this filed, there must go out a new Habeas Corpus, and thereupon must be another return.

Serj. Bramston. My lord, we desire some time, that we may be advised whether we may proceed or not.

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