The arguments of Sir Richard Hutton, Knight, one of the judges of the Common Pleas, and Sir George Croke, Knight, one of the judges of the Kings Bench together with the certificate of Sir John Denham, Knight, one of the Barons of the Exchequer, vpon a scire facias brought by the Kings Majesty in the Court of Exchequer against John Hampden, Esquire : as also, the severall votes of the Commons and Peeres in Parliament, and the orders of the Lords for the vacating of the judgement given against the said Mr. Hampden, and the vacating of the severall rolls in each severall court, wherein the judges extrajudiciall opinions in the cases made touching ship-money are entred.
About this Item
- Title
- The arguments of Sir Richard Hutton, Knight, one of the judges of the Common Pleas, and Sir George Croke, Knight, one of the judges of the Kings Bench together with the certificate of Sir John Denham, Knight, one of the Barons of the Exchequer, vpon a scire facias brought by the Kings Majesty in the Court of Exchequer against John Hampden, Esquire : as also, the severall votes of the Commons and Peeres in Parliament, and the orders of the Lords for the vacating of the judgement given against the said Mr. Hampden, and the vacating of the severall rolls in each severall court, wherein the judges extrajudiciall opinions in the cases made touching ship-money are entred.
- Author
- England and Wales. Court of Exchequer.
- Publication
- London :: Printed by M. Flesher and R. Young, the assignes of I. More, Esquire,
- 1641.
- Rights/Permissions
-
To the extent possible under law, the Text Creation Partnership has waived all copyright and related or neighboring rights to this keyboarded and encoded edition of the work described above, according to the terms of the CC0 1.0 Public Domain Dedication (http://creativecommons.org/publicdomain/zero/1.0/). This waiver does not extend to any page images or other supplementary files associated with this work, which may be protected by copyright or other license restrictions. Please go to http://www.textcreationpartnership.org/ for more information.
- Subject terms
- Hampden, John, 1594-1643 -- Trials, litigation, etc.
- Ship-money -- Early works to 1800.
- Cite this Item
-
"The arguments of Sir Richard Hutton, Knight, one of the judges of the Common Pleas, and Sir George Croke, Knight, one of the judges of the Kings Bench together with the certificate of Sir John Denham, Knight, one of the Barons of the Exchequer, vpon a scire facias brought by the Kings Majesty in the Court of Exchequer against John Hampden, Esquire : as also, the severall votes of the Commons and Peeres in Parliament, and the orders of the Lords for the vacating of the judgement given against the said Mr. Hampden, and the vacating of the severall rolls in each severall court, wherein the judges extrajudiciall opinions in the cases made touching ship-money are entred." In the digital collection Early English Books Online. https://name.umdl.umich.edu/A45252.0001.001. University of Michigan Library Digital Collections. Accessed May 3, 2024.
Pages
Page 61
THE CERTIFICATE OF Sir JOHN DENHAM, Knight, One of the Barons of the Exchequer, concerning SHIP-MONEY. 26. Maii, Anno Do. 1638.
MAy it please your Lordships, I had pro∣vided my selfe to have made a short Argument, and to have delivered my Opini∣on, with the Reasons; but by reason of want of rest this last night, (my old disease being upon me) my sicknesse and weaknesse are greatly increased, insomuch that I cannot at∣tend the businesse as I desire: And if my Opi∣nion be required, it is for the Plaintife.
JO: DENHAM.
Serjeants-Inne in Fleetstreet, 26. Maii; 1638.
Page 62
His second Certificate directed to the Lo: Chiefe Iustice Bramston, 28. Maii, 1638.
My Lo:
VNderstanding that some misconstructi∣on was taken by some in the declarati∣on of mine opinion, which I desired your Lordship the last Saturday to deliver in my name; for farther satisfaction therein, al∣though I was most desirous to have passed my Vote in silence in this work of w••igh••, by reason I heard not the last foure Argu∣ments, yet I delivered my opinion for the Plaintife, which I took to be Hampden, by reason it appeared by the Record, that hee comming in upon Processe, Queritur se colore praemissorum graviter vexari, & hoc minus juste, &c. which satisfied me that he was Plain∣tife. And therefore I now declare my opini∣on for Mr Hampden, who did demur.
Page 63
I shall onely deliver these two Reasons for maintaining of my Argument.
THe first is, That His Majesty is Sola & [ 1] suprema Iustitia regni: And the rule of the Law is, and hath alwayes been, That his Ma∣jesty can doe no wrong. And thereupon ari∣seth another Rule in our Law, (which I give for my second Reason) That the Kings Ma∣jesty [ 2] (being of an incorporate capacity) can neither take any lands or goods from any of his Subjects, but by and upon a Judgement of Record, which according to our daily ex∣perience in the Exchequer, there must pre∣cede some Judgement in that or some other Court of Record, whereby His Majesty may be entituled either to the Lands, or goods of a Subject: As namely, where seisures of goods of a Subject is made for His Majesty, either upon Outlawries, Attainders, or matters of the like nature, as in Cases of Seisure in the Court of Exchequer, where Seisures are given by the Statute: yet without a Judgement in that Court, upon a tryall for the King, the
Page 64
goods are not to be recovered to the use of the King, as forfeited.
Upon consideration whereof, and compa∣ring the same with His Majesties Royall Writ, I find no Judgement thereupon had or given, which were the chiefest reasons of my opinion for Mr Hampden.
28. Maii, 1638.
FINIS.