The History of England in Three Volumes, Vol. I., Part E.: From Charles I. to Cromwell
David Hume · en
* State Trials, vol. v. p. 245, 255.
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 the public money so levied? The plea of
necessity would warrant any other taxation as well as that of ship
money; wherever any difficulty shall occur, the administration, instead
of endeavoring to elude or overcome it by gentle and prudent measures,
will instantly represent it as a reason for infringing all 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.
* See State Trials, article, Ship Money, which contains the
speeches of four judges in favor of Hambden.