Another method of taxation was what was called tonnage and poundage. This was an ancient tax, assessed on merchandise brought into the country in ships, like the duties now collected at our custom-houses. It was called tonnage and poundage because the merchandise on which it was assessed was reckoned by weight, viz., the ton and the pound. A former king, Edward III., first assessed it to raise money to suppress piracy on the seas. He said it was reasonable that the merchandise protected should pay the expense of the protection, and in proper proportion. The Parliament in that day opposed this tax. They did not object to the tax itself, but to the king's assessing it by his own authority. However, they granted it themselves afterward, and it was regularly collected. Subsequent Parliaments had granted it, and generally made the law, once for all, to continue in force during the life of the monarch. When Charles commenced his reign, the Peers were for renewing the law as usual, to continue throughout his reign. The Commons desired to enact the law only for a year at a time, so as to keep the power in their own hands. The two houses thus disagreed, and nothing was done. The king then went on to collect the tax without any authority except his own prerogative.
Another mode of levying money adopted by the king was what was called ship money. This was a plan for raising a navy by making every town contribute a certain number of ships, or the money necessary to build them. It originated in ancient times, and was at first confined to seaport towns which had ships. These towns were required to furnish them for the king's service, sometimes to be paid for by the king, at other times by the country, and at other times not to be paid for at all. Charles revived this plan, extending it to the whole country; a tax was assessed on all the towns, each one being required to furnish money enough for a certain number of ships. The number at one time required of the city of London was twenty.
There was one man who made his name very celebrated then, and it has continued very celebrated since, by his refusal to pay his ship money, and by his long and determined contest with the government in regard to it, in the courts. His name was John Hampden. He was a man of fortune and high character. His tax for ship money was only twenty shillings, but he declared that he would not pay it without a trial. The king had previously obtained the opinion of the judges that he had a right, in case of necessity, to assess and collect the ship money, and Hampden knew, therefore, that the decision would certainly, in the end, be against him. He knew, however, that the attention of the whole country would be attracted to the trial, and that the arguments which he should offer, to prove that the act of collecting such a tax on the part of the king's government was illegal and tyrannical, would be spread before the country, and would make a great impression, although they certainly would not alter the opinion of the judges, who, holding their offices by the king's appointment, were strongly inclined to take his side.
It resulted as Hampden had foreseen. The trial attracted universal attention. It was a great spectacle to see a man of fortune and of high standing, making all those preparations, and incurring so great expense, on account of a refusal to pay five dollars, knowing too, that he would have to pay it in the end. The people of the realm were convinced that Hampden was right, and they applauded and honored him very greatly for his spirit and courage. The trial lasted twelve days. The illegality and injustice of the tax were fully exposed. The people concurred entirely with Hampden, and even some of the judges were convinced. He was called the patriot Hampden, and his name will always be celebrated in English history. The whole discussion, however, though it produced a great effect at the time, would be of no interest now, since it turned mainly on the question what the king's rights actually were, according to the ancient customs and usages of the realm. The question before mankind now is a very different one; it is not what the powers and prerogatives of government have been in times past, but what they ought to be now and in time to come.
The king's government gained the victory, ostensibly, in this contest, and Hampden had to pay the money. Very large sums were collected, also, from others by this tax, and a great fleet was raised. The performances and exploits of the fleet had some influence in quieting the murmurs of the people. The fleet was the greatest which England had ever possessed. One of its exploits was to compel the Dutch to pay a large sum for the privilege of fishing in the narrow seas about Great Britain. The Dutch had always maintained that these seas were public, and open to all the world; and they had a vast number of fishing boats, called herring-busses, that used to resort to them for the purpose of catching herring, which they made a business of preserving and sending all over the world. The English ships attacked these fleets of herring-busses, and drove them off; and as the Dutch were not strong enough to defend them, they agreed to pay a large sum annually for the right to fish in the seas in question, protesting, however, against it as an extortion, for they maintained that the English had no control over any seas beyond the bays and estuaries of their own shores.
One of the chief means which Charles depended upon during the long period that he governed without a Parliament, was a certain famous tribunal or court called the Star Chamber. This court was a very ancient one, having been established in some of the earliest reigns; but it never attracted any special attention until the time of Charles. His government called it into action a great deal, and extended its powers, and made it a means of great injustice and oppression, as the people thought; or, as Charles would have said, a very efficient means of vindicating his prerogative, and punishing the stubborn and rebellious.
There were three reasons why this court was a more convenient and powerful instrument in the hands of the king and his council than any of the other courts in the kingdom. First, it was, by its ancient constitution, composed of members of the council, with the exception of two persons, who were to be judges in the other courts. This plan of having two judges from the common law courts seems to have been adopted for the purpose of securing some sort of conformity of the Star Chamber decisions with the ordinary principles of English jurisprudence. But then, as these two law judges would always be selected with reference to their disposition to carry out the king's plans, and as the other members of the court were all members of the government itself, of course the court was almost entirely under governmental control.
The second reason was, that in this court there was no jury. There had never been juries employed in it from its earliest constitution. The English had contrived the plan of trial by jury as a defense against the severity of government. If a man was accused of crime, the judges appointed by the government that he had offended were not to be allowed to decide whether he was guilty or not. They would be likely not to be impartial. The question of his guilt or innocence was to be left to twelve men, taken at hazard from the ordinary walks of life, and who, consequently, would be likely to sympathize with the accused, if they saw any disposition to oppress him, rather than to join against him with a tyrannical government. Thus the jury, as they said, was a great safeguard. The English have always attached great value to their system of trial by jury. The plan is retained in this country, though there is less necessity for it under our institutions. Now, in the Star Chamber, it had never been the custom to employ a jury. The members of the court decided the whole question; and as they were entirely in the interest of the government, the government, of course, had the fate of every person accused under their direct control.