bors; and what is more, all her neighbors are engaged in rurious and bloody wars among themselves, and by their mutual enmities further insure their tranquillity. The very writs themselves, which are issued for the levying of ship money, contradict the supposition of necessity, and pretend only that the seas are infested with pirates; a slight and temporary inconvenience, which may well await a legal supply from parliament. The writs likewise allow several months for equipping the ships; which proves a very calm and delib. erate species of necessity, and one that admits of delay much beyond the forty days requisite for summoning that assembly. It is strange, too, that an extreme necessity, which is always apparent, and usually comes to a sudden crisis, should now have continued without interruption for near four years, an should have remained during so long a time invisible to the whole kingdom. And as to the pretension, that the king is sole judge of the necessity, what is this but to subject all the privileges of the nation to his arbitrary will and pleasure? To expect that the public will be convinced by such reasoning, must aggravate the general indignation, by adding to violence against men's persons, and their property, so cruel a mockery of their understanding. In vain are precedents of ancient writs produced: these writs, when examined, are only found to require the seaports, sometimes at their own charge, sometimes at the charge of the counties, to send their ships for the defence of the nation. Even the prerogative which empowered the crown to issue such writs is abolished, and its exercise almost entirely discontinued from the time of Edward III.;* and all the authority which remained, or was afterwards exercised, was to press ships into the public service, to be paid for by the public. How wide are these precedents from a power of obliging the people, at their own charge, to build new ships, to victual and pay them, for the public; nay, to furnish money to the crown for that purpose ? What security either against the further extension of this claim, or against diverting to other purposes 'ne public money so levied? The plea of necessity would warrar any other taxation as well as that of ship money. whereve any difficulty shall occur, the administration, instead of endeavoring to elude or overcome it by gentle and prudent measures, wil! instantly represent it as a reason for infringing State Trials, vol. v. p. 245, 255. ali ancient laws and institutions: and if such maxims and such practices prevail, what has become of national liberty? What authority is left to the Great Charter, to the statutes, and to the very petition of right, which in the present reign had been so solemnly enacted by the concurrence of the whole legislature? The defenceless condition of the kingdom while unprovided with a navy; the inability of the king, from his established revenues, with the utmost care and frugality, to equip and maintain one; the impossibility of obtaining, on reasonable terms, any voluntary supply from parliament; all these are reasons of state, not topics of law. If these reasons appear to the king so urgent as to dispense with the legal rules of government, let him enforce his edicts by his court of star chamber, the proper instrument of irregular and absolute power, not prostitute the character of his judges by a decree which is not, and cannot possibly be legal. By this means, the boundaries, at least, will be kept more distinct between ordinary law and extraordinary exertions of prerogative; and men will know, that the national constitution is only suspended during a present and difficult emergence, but has not under gone a total and fundamental alteration. Notwithstanding these reasons, the prejudiced judges, four* excepted, gave sentence in favor of the crown. Hambden, however, obtained by the trial the end for which he had so generously sacrificed his safety and his quiet the people were roused from their lethargy, and became sensible of the danger to which their liberties were exposed. These national questions were canvassed in every company; and the more they were examined, the more evidently did it appear to many, that liberty was totally subverted, and an unusual and arbitrary authority exercised over the kingdom. Slavish principles they said, concur with illegal practices; ecclesiastical tyranny gives aid to civil usurpation; iniquitous taxes are supported by arbitrary punishments; and all the privileges of the nation, transmitted through so many ages, secured by so many laws and purchased by the blood of so many heroes and patriots, now lie prostrate at the feet of the monarch. What though public peace and national industry increased the commerce and opulence of the kingdom? This advantage was temporary, and due alone, not to any encouragement given by the crown, See State Trials, article, Ship Money, which contains the speeches of four judges in favor of Hambden. but to the spirit of the English, the remains of their ancient freedom. What though the personal character of the king amidst all his misguided counsels, might merit indulgence, or even praise? He was but one man; and the privileges of the people, the inheritance of millions, were too valuable to be sacrificed to his prejudices and mistakes. Such, or more severe, were the sentiments promoted by a great party in the nation: no excuse on the king's part, or alleviation, how reasonable soever, could be hearkened to or admitted: and t redress these grievances, a parliament was impatiently longea for; or any other incident, however calamitous, that might secure the people against these oppressions which they felt, or the greater ills which they apprehended from the combined encroachments of church and state. CHAPTER LIII CHARLES I. [1637.] THE grievances under which the English labored when considered in themselves, without regard to the constitution, scarcely deserve the name; nor were they either burdensome on the people's properties, or anywise shocking to the natural humanity of mankind. Even the imposition of ship money, independent of the consequences, was a great and evident advantage to the public, by the judicious use which the king made of the money levied by that expedient. And though it was justly apprehended, that such precedents, if patiently submitted to, would end in a total disuse of parliaments, and in the establishment of arbitrary authority, Charles dreaded no opposition from the people, who are not commonly much affected with consequences, and require sme striking motive to engage them in a resistance of established government. All ecclesiastical affairs were settled by law and uninterrupted precedent; and the church was become siderable barrier to the power, both legal and illegal, of the crown. Peace too, industry, commerce, opulence; nay, even justice and lenity of administration, notwithstanding some very few exceptions; all these were enjoyed by the people; and every other blessing of government, except liberty, or rather the present exercise of liberty and its proper security.* Ir seemed probable, therefore, that affairs might long have continued on the same footing in England, had it not been for the neighborhood of Scotland; a country more turbulent, and less disposed to submission and obedience. It was thence the commotions first arose; and is therefore time for us to retur thither, and to give an account of the state of affairs in that kingdom. a con Though the pacific, and not unskilful government of James, and the great authority which he had acquired, had much allayed the feuds among the great families, and had estab * Clarendon, p. 74, 75. May, p. 18. Warwick, p. 62. 93 ished law and order throughout the kingdom, the Scottis nobility were still possessed of the chief power and influence over the people. Their property was extensive; their hereditary jurisdictions and the feudal tenures increased their authority; and the attachment of the gentry to the heads of Families established a kind of voluntary servitude under the chieftains. Besides that long absence had much loosened the king's connections with the nobility, who resided chiefly at their country seats, they were in general, at this time, though from slight causes, much disgusted with the court. Charl from the natural piety or superstition of his temper, was extremely attached to the ecclesiastics; and as it is natural for men to persuade themselves that their interest coincides with their inclination, he had established it as a fixed maxim of policy, to increase the power and authority of that order. The prelates, he thought, established regularity and discipline among the clergy; the clergy inculcated obedience and loyalty among the people; and as that rank of men had no separate authority and no dependence but on the crown. the royal power, it would seem, might with the greater safety be intrusted in their hands. Many of the prelates, therefore, were raised to the chief dignities of the state; * Spotswood, archbishop of St. Andrews, was created chancellor: nine of the bishops were privy councillors: the bishop of Koss aspired to the office of treasurer: some of the prelates possessed places in the exchequer: and it was even endeavored to revive the first institution of the college of justice, and to share equally between the clergy and laity the whole judicial authority.f These advantages, possessed by the church, and which the bishops did not always enjoy with suitable modesty, disgusted the haughty nobility, who, deeming themselves much superior in rank and quality to this new order of men, were displeased to find themselves inferior in power and influence. Interest joined itself to ambition, and begat a jealousy lest the episcopal sees, which at the reformation had been pillaged by the nobles, should again be enriched at the expense of that order. By a most useful and benericial law, the impropriations had already been ravished from the great men: competent salaries had been assigned to the impoverished clergy from the tithes of each parish: and what remained, the proprietor of the lau *Rush. vol. ii. p. 386. May, p. 29. Burnet's Mem. p. 29, 30. |