John Denham (judge)
Encyclopedia
Sir John Denham was an English judge, remembered as one of the " Ship-money judges " and as father of the poet Sir John Denham.
in 1603.
. He was credited with greatly increasing the Irish revenues and was praised by Francis Bacon
for hard work and prudence as a judge in Ireland.Even after his return to England he advised the Crown on Irish affairs.
,
Rex v. John Hampden, on the prerogative of the King to levy the tax on his simple assertion that a need for it existed. When KIng Charles I consluted the High Court judges on his power to levy ship money, Denham was one of the ten who advised that it was the King's sole prerogative to determine whether the national good required the imposition of the tax. By the time the case of John Hampden
was heard by the Court of Exchequer
in 1637 however Denham appears to have been increasingly doubtful about the legality of ship money; indeed it was due to Denham's doubts that the Lord Chief Baron, Sir Humphrey Davenport, decided to remove the case to the Court of Exchequer Chamber
, for a hearing by twelve rather than four judges. When the twelve came to give judgement, Denham was one of the five who voted in favour of Hampden; although so ill " of my old disease" that he could not leave home, he sent in a short opinion that " the King's Majesty.. can neither take any lands or goods of any of his subjects but only upon a judgment on record.""Had he lived longer his opinion would no doubt have saved him from being impeached, as most of his fellow judges were; in the event he died at his home at Egham , Suffolk ,the following year.
Background
He was a Londoner and is first heard of as a student in 1577.He was called to the Bar in 1587 and became a bencher of Lincoln's InnLincoln's Inn
The Honourable Society of Lincoln's Inn is one of four Inns of Court in London to which barristers of England and Wales belong and where they are called to the Bar. The other three are Middle Temple, Inner Temple and Gray's Inn. Although Lincoln's Inn is able to trace its official records beyond...
in 1603.
Career in Ireland
In 1609 he was knighted and sent to Ireland as Chief Baron of the Irish Exchequer;in 1612 he was appointed Lord Chief Justice of the King's Bench for Ireland. He was clearly regarded as an important agent of the English policy of extending English law to the whole of Ireland; despite complaints of ill-health he was almost constantly travelling on assize .He was also a Commissioner for the Plantation of UlsterPlantation of Ulster
The Plantation of Ulster was the organised colonisation of Ulster—a province of Ireland—by people from Great Britain. Private plantation by wealthy landowners began in 1606, while official plantation controlled by King James I of England and VI of Scotland began in 1609...
. He was credited with greatly increasing the Irish revenues and was praised by Francis Bacon
Francis Bacon
Francis Bacon, 1st Viscount St Albans, KC was an English philosopher, statesman, scientist, lawyer, jurist, author and pioneer of the scientific method. He served both as Attorney General and Lord Chancellor of England...
for hard work and prudence as a judge in Ireland.Even after his return to England he advised the Crown on Irish affairs.
The case of Ship Money
In 1617 Denham returned to England as a Baron of the Exchequer. As such he was one of the judges of the celebrated Case of Ship MoneyShip money
Ship money refers to a tax that Charles I of England tried to levy without the consent of Parliament. This tax, which was only applied to coastal towns during a time of war, was intended to offset the cost of defending that part of the coast, and could be paid in actual ships or the equivalent value...
,
Rex v. John Hampden, on the prerogative of the King to levy the tax on his simple assertion that a need for it existed. When KIng Charles I consluted the High Court judges on his power to levy ship money, Denham was one of the ten who advised that it was the King's sole prerogative to determine whether the national good required the imposition of the tax. By the time the case of John Hampden
John Hampden
John Hampden was an English politician, the eldest son of William Hampden, of Hampden House, Great Hampden in Buckinghamshire, John Hampden (ca. 15951643) was an English politician, the eldest son of William Hampden, of Hampden House, Great Hampden in Buckinghamshire, John Hampden (ca. 15951643)...
was heard by the Court of Exchequer
Court of Exchequer
Court of Exchequer may refer to:*Exchequer of Pleas, an ancient English court, that ceased to exist independently in the late nineteenth century...
in 1637 however Denham appears to have been increasingly doubtful about the legality of ship money; indeed it was due to Denham's doubts that the Lord Chief Baron, Sir Humphrey Davenport, decided to remove the case to the Court of Exchequer Chamber
Court of Exchequer Chamber
The Court of Exchequer Chamber was an English appellate court for common law civil actions, prior to the reforms of the Judicature Acts of 1873-1875....
, for a hearing by twelve rather than four judges. When the twelve came to give judgement, Denham was one of the five who voted in favour of Hampden; although so ill " of my old disease" that he could not leave home, he sent in a short opinion that " the King's Majesty.. can neither take any lands or goods of any of his subjects but only upon a judgment on record.""Had he lived longer his opinion would no doubt have saved him from being impeached, as most of his fellow judges were; in the event he died at his home at Egham , Suffolk ,the following year.