Note 298 — SECRET HISTORY OF CHARLES THE FIRST AND HIS FIRST PARLIAMENTS.

Extract from a manuscript letter:—“On Friday last I hear, but as a secret, that it was debated at the council-table whether our Essex men, who refused to take press-money, should not be punished by martial-law, and hanged up on the next tree to their dwellings, for an example of terror to others. My lord keeper, who had been long silent, when, in conclusion, it came to his course to speak, told the lords, that as far as he understood the law, none were liable to martial law but martial men. If these had taken press-money, and afterwards run from their colours, they might then be punished in that manner; but yet they were no soldiers, and refused to be. Secondly, he thought a subsidy, new by law, could not be pressed against his will for a foreign service; it being supposed, in law, the service of his purse excused that of his person, unless his own country were in danger; and he appealed to my lord treasurer, and my lord president, whether it was not so, who both assented it was so, though some of them faintly, as unwilling to have been urged to such an answer. So it is thought that proposition is dashed; and it will be tried what may be done in the Star-chamber against these refractories.”