rostitute 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.

* See State Trials, article, Ship Money, which contains the
speeches of four judges in favor of Hambden.

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, 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 to redress these grievances, a parliament was impatiently
longed 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
a