After the imposing of ship money, Charles, in order to discourage all opposition, had proposed this question to the judges: "Whether, in a case of necessity, for the defence of the kingdom, he might not impose this taxation; and whether he were not sole judge of the necessity." These guardians of law and liberty replied, with great complaisance, "that in a case of necessity he might impose that taxation, and that he was sole judge of the necessity."[*] Hambden had been rated at twenty shillings for an estate which he possessed in the county of Buckingham: yet, notwithstanding this declared opinion of the judges, notwithstanding the great power and sometimes rigorous maxims of the crown, notwithstanding the small prospect of relief from parliament, he resolved, rather than tamely submit to so illegal an imposition, to stand a legal prosecution, and expose himself to all the indignation of the court.

The case was argued during twelve days, in the exchequer chamber, before all the judges of England; and the nation regarded, with the utmost anxiety, every circumstance of this celebrated trial.

The event was easily foreseen: but the principles, and reasonings, and behavior of the parties engaged in the trial, were much canvassed and inquired into; and nothing could equal the favor paid to the one side, except the hatred which attended the other.
* Rush.

vol.ii.p.

355.