note 23: 18 St. Tr. 999.]

Gentlemen of the Jury, I might as well try to bale all the salt water
out of the sea as to mention every glaring and notorious instance
where an oppressive government has appointed some discarder of all
Higher Law for its servant in crushing the People. Come therefore to
the next point.

* * * * *

(II.) The next step is by means of _such Judges to punish and destroy
or silence men who oppose the wickedness of the party in power, and
the encroachments of despotism_. Let me describe the general mode of
procedure, and then illustrate it by special examples.

1. In the Privy Council, or elsewhere, it is resolved to punish the
obnoxious men,--and the business is intrusted to the law-officers of
the crown, appointed for such functions.

2. They consult and agree to pervert and twist the law--statute or
common--for that purpose. By this means they gratify their master, and
prepare future advancement for themselves.

3. The precedent thus established becomes the basis for new operations
in the future, and may be twisted and perverted to serve other cases
as they occur.

Now, Gentlemen, look at some examples taken from British history, in
times of the same Kings mentioned before.

1. In 1610 two Puritans for refusing the _ex officio_ oath, were
clapped in Jail by the commissioners. They were brought on _habeas
corpus_ before a court, and Mr. Fuller, their counsel, a learned
lawyer, insisted that they were imprisoned without due process of law.
For this "contempt of court" he was thrown into jail by Archbishop
Bancroft, whence he was rescued only by death.[24]

[Footnote 24: Peirce's Vindication, (1717,) 174.]

2. In 1613 there were many murmurs among the People of England at the
tyranny of James. Fine and imprisonment did not quell the disturbance;
so a more dreadful example was thought needful. The officials of
Government broke into the study of Rev. Edmund Peacham, a Protestant
minister, sixty or seventy years old. In an uncovered cask they found
a manuscript sermon, never preached, nor designed for the pulpit or
the press, never shown to any one. It contained some passages which
might excite men to resist tyranny. He was arrested, and thrown into
Jail, all his papers seized. The Government resolved to prosecute him
for high treason. Francis Bacon, the powerful and corrupt
Attorney-General, managed the prosecution. Before trial was ventured
upon, he procur