Note see Appendix — Chapter III

Page 69.—Out of the twelve judges, two only, Hutton and Croke, decided in favour of Hampden on the ground of principle, viz., the illegality of the tax. Denham, who was very ill, gave a short written judgment, expressing no opinion on the legality of the tax, but deciding in favour of Hampden on technical grounds, viz., that the action was brought in the wrong form. Bramston and Davenport both agreed that in time of danger the king had the power of levying the tax, and that he was sole judge of the danger. Like Denham, however, they gave judgment in favour of Hampden on technical grounds, viz., that it was impossible to give judgment for the king, because the writs issued to the sheriff for levying the tax did not state to whom the money was due. The trial took place during the months of November and December, 1637, but some of the judges did not deliver their opinions till after the following Easter. The judgment of the majority, as that of the court, was delivered against Hampden, 12th June, 1638.