erhaps to be found in the records of any history, which
subsisted without the mixture of some arbitrary authority committed to
some magistrate; and it might reasonably, beforehand, appear doubtful,
whether human society could ever reach that state of perfection, as to
support itself with no other control than the general and rigid maxims
of law and equity. But the parliament justly thought, that the king was
too eminent a magistrate to be trusted with discretionary power, which
he might so easily turn to the destruction of liberty. And in the event,
it has hitherto been found, that, though some sensible inconveniencies
arise from the maxim of adhering strictly to law, yet the advantages
overbalance them, and should render the English grateful to the memory
of their ancestors, who, after repeated contests, at last established
that noble, though dangerous principle.

At the request of the parliament, Charles, instead of the patents during
pleasure, gave all the judges patents during their good behavior;[*] a
circumstance of the greatest moment towards securing their independency,
and barring the entrance of arbitrary power into the ordinary courts of
judicature.

The marshal's court, which took cognizance of offensive, words, and
was not thought sufficiently limited by law, was also for that reason
abolished.[**] The stannary courts, which exercised jurisdiction over
the miners, being liable to a like objection, underwent a like fate. The
abolition of the council of the north and the council of Wales followed
from the same principles. The authority of the clerk of the market, who
had a general inspection over the weights and measures throughout
the kingdom, was transferred to the mayors, sheriffs, and ordinary
magistrates.

* May, p. 107.

** Nalson, vol. i p. 778.

In short, if we take a survey of the transactions of this memorable
parliament during the first period of its operations, we shall find
that, excepting Strafford's attainder, which was a complication of
cruel iniquity, their merits in other respects so much outweigh their
mistakes, as to entitle them to praise, from all lovers of liberty.
Not only were former abuses remedied, and grievances redressed; great
provision for the future was made by law against the return of like
complaints. And if the means by which they obtained such advantages
savor often of artifice, sometimes of violence, it is to be considered,
that revolutions of government ca