HUTTON, Sir Richard

The arguments of Sir Richard Hutton Knight, one of the judges of the Common Pleas: and Sir George Croke Knight, one of the Judges of the Kings Bench: together with the certificate of Sir John Denham Knight, one of the Barons of the Exchequer: upon a scire facias brought by the Kings Majesty, in the Court of Exchequer, against John Hampden Esquire. As also the severall votes of the commons and Peeres in Parliament, and the Orders of the Lords for the vacating of the judgement given against the said Mr Hampden, and the vacating of the several Rolls in each several court, wherein the judges ex...

London, printed by M. Flesher and R. Young, the assignes of I. More Esquire. 1641 4to, (2) + 19 + (1) + 112 + 64pp, early 20th century speckled calf gilt, covers rather bowed, else a fine copy. First edition. Wing H.3842. Goldsmiths 745. Kress 582. Sweet & Maxwell I, p.322#7. Not in Massie. 'In 1635 Hutton refused to join the other eleven common-law judges in endorsing the legality of extending ship money writs from maritime counties to the country as a whole. Although eventually subscribing under great pressure to the unanimous judicial opinion of 1637 in favour of ship money, when the case of R. v. Hampden came to trial in November of that year he gave the crown's case short shrift. Hutton's judgment, issued six months later, declared that such a charge might not be imposed by the king alone, without parliamentary assent, unless in times of actual invasion and war. Widely circulated, and applauded, this decision undoubtedly helped stiffen resistance to the collection of ship money. It also impelled a Laudian clergyman to accuse Hutton publicly in Westminster Hall of high treason, a charge which led to the Revd Thomas Harrison's prosecution by the crown, and a civil verdict of £10,000 damages for Hutton from a sympathetic jury.' [ODNB]

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