[The History of England in Three Volumes, Vol.I., Part E. by David Hume]@TWC D-Link book
The History of England in Three Volumes, Vol.I., Part E.

CHAPTER LII
69/70

Even the prerogative which empowered the crown to issue such writs is abolished, and its exercise almost entirely discontinued from the time of Edward III.;[*] and all the authority which remained, or was afterwards exercised, was to press ships into the public service, to be paid for by the public.
* 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.
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.


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