The History of England in Three Volumes, Vol. I., Part E.: From Charles I. to Cromwell — David Hume — John Shaqi
The History of England in Three Volumes, Vol. I., Part E.: From Charles I. to Cromwell
David Hume · en
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 cannot be effected by the mere force of
argument and reasoning; and that factions being once excited, men can
neither so firmly regulate the tempers of others, nor their own, as to
insure themselves against all exorbitances.
The parliament now came to a pause. The king had promised his Scottish
subjects that he would this summer pay them a visit, in order to settle
their government; and though the English parliament was very importunate
with him, that he should lay aside that journey, they could not prevail
with him so much as to delay it. As he must necessarily, in his journey,
have passed through the troops of both nations, the commons seem to have
entertained great jealousy on that account, and to have now hurried
on, as much as they formerly delayed, the disbanding of the armies. The
arrears, therefore, of the Scots were fully paid them; and those of the
English in part. The Scots returned home, and the English were separated
into their several counties, and dismissed.