Here their path separated. After the death of Buckingham, the King attempted to seduce some of the chiefs of the Opposition from their party; and Wentworth was among those who yielded to the seduction. He abandoned his associates, and hated them ever after with the deadly hatred of a renegade. High titles and great employments were heaped upon him. He became Earl of Strafford, Lord Lieutenant of Ireland, President of the Council of the North; and he employed all his power for the purpose of crushing those liberties of which he had been the most distinguished champion. His counsels respecting public affairs were fierce and arbitrary. His correspondence with Laud abundantly proves that government without parliaments, government by the sword, was his favourite scheme. He was angry even that the course of justice between man and man should be unrestrained by the royal prerogative. He grudged to the courts of King's Bench and Common Pleas even that measure of liberty which the most absolute of the Bourbons allowed to the Parliaments of France. In Ireland, where he stood in place of the King, his practice was in strict accordance with his theory. He set up the authority of the executive government over that of the courts of law. He permitted no person to leave the island without his licence. He established vast monopolies for his own private benefit. He imposed taxes arbitrarily. He levied them by military force. Some of his acts are described even by the partial Clarendon as powerful acts, acts which marked a nature excessively imperious, acts which caused dislike and terror in sober and dispassionate persons, high acts of oppression. Upon a most frivolous charge, he obtained a capital sentence from a court-martial against a man of high rank who had given him offence. He debauched the daughter-in-law of the Lord Chancellor of Ireland, and then commanded that nobleman to settle his estate according to the wishes of the lady. The Chancellor refused. The Lord Lieutenant turned him out of office and threw him into prison. When the violent acts of the Long Parliament are blamed, let it not be forgotten from what a tyranny they rescued the nation.
Among the humbler tools of Charles were Chief-Justice Finch and Noy the Attorney-General. Noy had, like Wentworth, supported the cause of liberty in Parliament, and had, like Wentworth, abandoned that cause for the sake of office. He devised, in conjunction with Finch, a scheme of exaction which made the alienation of the people from the throne complete. A writ was issued by the King, commanding the city of London to equip and man ships of war for his service. Similar writs were sent to the towns along the coast. These measures, though they were direct violations of the Petition of Right, had at least some show of precedent in their favour. But, after a time, the government took a step for which no precedent could be pleaded, and sent writs of ship-money to the inland counties. This was a stretch of power on which Elizabeth herself had not ventured, even at a time when all laws might with propriety have been made to bend to that highest law, the safety of the state. The inland counties had not been required to furnish ships, or money in the room of ships, even when the Armada was approaching our shores. It seemed intolerable that a prince who, by assenting to the Petition of Right, had relinquished the power of levying ship-money even in the out-ports, should be the first to levy it on parts of the kingdom where it had been unknown under the most absolute of his predecessors.
Clarendon distinctly admits that this tax was intended, not only for the support of the navy, but "for a spring and magazine that should have no bottom, and for an everlasting supply of all occasions." The nation well understood this; and from one end of England to the other the public mind was strongly excited.
Buckinghamshire was assessed at a ship of four hundred and fifty tons, or a sum of four thousand five hundred pounds. The share of the tax which fell to Hampden was very small; so small, indeed, that the sheriff was blamed for setting so wealthy a man at so low a rate. But, though the sum demanded was a trifle, the principle involved was fearfully important. Hampden, after consulting the most eminent constitutional lawyers of the time, refused to pay the few shillings at which he was assessed, and determined to incur all the certain expense, and the probable danger, of bringing to a solemn hearing, this great controversy between the people and the Crown. "Till this time," says Clarendon, "he was rather of reputation in his own country than of public discourse or fame in the kingdom; but then he grew the argument of all tongues, every man inquiring who and what he was that durst, at his own charge, support the liberty and prosperity of the kingdom."
Towards the close of the year 1636 this great cause came on in the Exchequer Chamber before all the judges of England. The leading counsel against the writ was the celebrated Oliver St.
John, a man whose temper was melancholy, whose manners were reserved, and who was as yet little known in Westminster Hall, but whose great talents had not escaped the penetrating eye of Hampden. The Attorney-General and Solicitor-General appeared for the Crown.
The arguments of the counsel occupied many days; and the Exchequer Chamber took a considerable time for deliberation. The opinion of the bench was divided. So clearly was the law in favour of Hampden that, though the judges held their situations only during the royal pleasure, the majority against him was the least possible. Five of the twelve pronounced in his favour. The remaining seven gave their voices for the writ.