[29] Clarendon State Papers, ii. 16.
[30] See the instructions in Rushworth, ii. 214.
[31] Rushworth, 253. The same judge declared afterwards, in a charge to the grand jury of York, that ship-money was an inseparable flower of the Crown, glancing at Hutton and Croke for their opposition to it. Id. 267.
[32] As it is impossible to reconcile the trifling amount of this demand with Hampden's known estate, the tax being probably not much less than sixpence in the pound, it has been conjectured that his property was purposely rated low. But it is hard to perceive any motive for this indulgence; and it seems more likely that a nominal sum was fixed upon in order to try the question; or that it was only assessed on a part of his estate.
[33] There seems to have been something unusual, if not irregular, in this part of the proceeding. The barons of the exchequer called in the other judges, not only by way of advice but direction, as the chief baron declares. State Trials, 1203. And a proof of this is, that the court of exchequer being equally divided, no judgment could have been given by the barons alone.
[34] State Trials, iii. 826-1252.
[35] Croke, whose conduct on the bench in other political questions was not without blemish, had resolved to give judgment for the king, but was withheld by his wife, who implored him not to sacrifice his conscience for fear of any danger or prejudice to his family, being content to suffer any misery with him, rather than to be an occasion for him to violate his integrity. Whitelock, p. 25. Of such high-minded and inflexible women our British history produces many examples.
[36] Laud writes to Lord Wentworth, that Croke and Hutton had both gone against the king very sourly. "The accidents which have followed upon it already are these: First, the faction 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." Strafford Letters, ii. 170.
[37] It is notoriously known that pressure was borne with much more cheerfulness before the judgment for the king, than ever it was before. Clarendon, p. 122.
[38] Rushworth Abr. ii. 341; Clarendon State Papers, i. 600. It is said by Heylin that the clergy were much spared in the assessment of ship-money. Life of Laud, 302.