Anno 1636.

[Car. 12] The King's Navy of sixty Men of War, under the Command of the Earl of Northumberland Ad∣miral, * seized and sunk divers of the Dutch Busses in the Northern Seas, and they fled to our King, craving his leave by his Grant, to Fish, and Trade with the English: which the King was ready to Indulge them.

Ferdinand the second, Emperour aged and infirm, * summoned a Dyet at Ratisbone, to be held the six∣teenth of September, when his Son Ferdinand the 3d. was Elected King of the Romans, and was short∣ly after upon the death of his Father made Em∣perour.

Mr. John Hampden, a Gentleman of an ancient * Family in Buckinghamshire, and of a great Estate and Parts, denied the payment of Shipmoney, as an illegal Tax. He often advised in this great Bu∣siness with Holborn, Saint John, Whitelocke, and others of his friends and counsel. Several other Gentlemen refused the payment of this Tax of Ship-money: Whereupon the King was advised by the Lord chief Justice Finch, and others, to re∣quire the Opinion of his Judges, which he did, sta∣ting the case in a Letter to them.

After much sollicitation by the chief Justice Finch, promising Preferment to some, and highly threatning others whom he found doubting, he got from them in Answer to the King's Letter and Case, their Opinions in these words:

We are of Opinion, that when the good and safety of * the Kingdom in general, is concerned, and the whole Kingdom in danger, Your Majesty may by Writ under the Great Seal of England, Command all Your Sub∣jects of this Your Kingdom, at their Charge, to pro∣vide and furnish such number of Ships, with Men, Vi∣ctual, and Ammunition, and for such time as Your Majesty shall think fit, for the defence and safeguard of the Kingdom, from such peril and danger. And that by Law Your Majesty may compel the doing thereof in case of refusal, or refractoriness. And we are also of Opinion, that in such case Your Majesty is the sole Judge, both of the dangers, and when, and how the same is to be prevented and avoided.

This Opinion was Signed by Davenport, Den∣ham, Hatton, Jones, Croke, Trever, Bramston, Finch, Vernon, Berkley, Crawley, Weston.

This Opinion and Subscription of the Judges, was Inrolled in all the Courts of Westminster, and much distasted many Gentlemen of the Country, and of their own Profession, as a thing Extrajudi∣cial, unusual, and of very ill consequence in this great Business, or in any other.

The King upon this Opinion of his Judges, gave order for proceeding against Hampden in the Exchequer, where he pleaded, and the King's Council demurring, the Point in Law came to be argued for the King by his Council, and for Ham∣den by his Council; and afterwards the Judges particularly argued this great Point at the Bench, and all of them (except Hutton and Croke) argued, and gave their Judgments for the King.

The Arguments both at the Bar and Bench, were full ofrare and excellent Learning, especially in matter of Record and History; but they are too voluminous to be here inserted.

Judge Croke (of whom I speak knowingly) was resolved to deliver his Opinion for the King, and to that end had prepared his Argument: Yet a few days before he was to argue, upon Discourse with some of his nearest Relations, and most se∣rious thoughts of this business, and being heartned by his Lady, who was a very good and pious wo∣man, and told her husband upon this occasion, That she hoped he would doe nothing against his Con∣science, * for fear of any danger or prejudice to him, or his Family; and that she would be contented to suf∣fer want, or any misery with him, rather than be an occasion for him to doe, or say any thing against his Judgment and Conscience.

Upon these and many the like Incouragements, but chiefly upon his better thoughts, he suddenly altered his Purpose and Arguments; and when it came to his turn, contrary to expectation, he ar∣gued and declared his Opinion against the King.

But Hampden, and many others of Quality and Interest in their Countries, were unsatisfied with this Judgment, and continued to the utmost of their power in opposition to it; yet could not at that time give any further stop or hinderance to the prosecution of the business of Ship-money, but it remained Alta mente repostum.

The Earl of Arundel was sent Ambassador to * the new Emperor Ferdinand the Third, where he stayed and treated some Months, about the resti∣tution of the King's Nephew, the Prince Elector; but being opposed by the Duke of Bavaria, who had gotten possession of part of the Palsegrave's Territories, and by others after their Interest; and being discontented at the delays they put upon him in the Treaty at the Dyet: the Ambassador without taking any leave, or effecting any thing for which he was sent, returned home in much di∣staste and choller.