After Parliament failed to grant him Tonnage and Poundage for life, King Charles I of England imposed a levy first against coastal counties, then later against inland counties in order to provide England with warships. Although this tax had been previously imposed by other rulers, it had only been levied against coastal counties and never during a time of peace. Many of the King’s subjects opposed the tax; however, John Hampden, a member of Parliament, not only refused to pay the tax, but also contested its legality.
II. John Hampden John Hampden was born in London circa 1595. He was the son of a Puritan landowner who owned estates in both Buckinghamshire and Middlesex. Moreover, Hampden became heir to the family estate while …show more content…
Rex v. Hampden Case According to the Petition of Right, the King could not legally impose a tax without the consent of Parliament. However, Charles insisted Ship Money was not a tax but instead an obligation of the people to provide for defense of the country. Charles was willing to permit Parliament liberty of counsel; however, he was unwilling to grant them control. Moreover, Charles was under the impression the King reigned sovereign and it was at his discretion to impose taxes with or without Parliament’s consent. However, a Buckinghamshire squire named John Hampden had other ideas. Hampden refused to pay the twenty shilling tax on his inland property. The attorney general quickly pointed out the meager amount of the tax was not a hardship for Hampden to pay. However, for a wealthy man such as Hampden, the amount of the tax was not the issue. The real issue at hand was he felt the tax was both illegal and unfair. Although the King was uneasy with the idea of prosecuting those who refused to pay the levee for fear it would create a platform by which his subjects could debate the legality of the tax, on the other hand, he simply could not tolerate their insolence. Therefore in 1637, the case of Rex v. Hampden went before the twelve judges of the Exchequer