[The History of England in Three Volumes, Vol.I., Part E. by David Hume]@TWC D-Link bookThe History of England in Three Volumes, Vol.I., Part E. CHAPTER LIV 15/95
Though the idol of the people, they determined to fortify themselves likewise with terrors, and to overawe those who might still be inclined to support the falling ruins of monarchy. During the late military operations, several powers had been exercised by the lieutenants and deputy lieutenants of counties; and these powers, though necessary for the defence of the nation, and even warranted by all former precedent yet not being authorized by statute, were now voted to be illegal, and the persons who had assumed them declared delinquents.
This term was newly come into vogue, and expressed a degree and species of guilt not exactly known or ascertained.
In consequence of that determination, many of the nobility and prime gentry of the nation, while only exerting as they justly thought, the legal powers of magistracy unexpectedly found themselves involved in the crime of delinquency.
And the commons reaped this multiplied advantage by their vote: they disarmed the crown; they established the maxims of rigid law and liberty; and they spread the terror of their own authority.[*] The writs for ship money had been directed to the sheriffs, who were required, and even obliged, under severe penalties, to assess the sums upon individuals, and to levy them by their authority: yet were all the sheriffs, and all those who had been employed in that illegal service, voted, by a very rigorous sentence, to be delinquents.
The king, by the maxims of law, could do no wrong: his ministers and servants, of whatever degree, in case cf any violation of the constitution, were alone culpable.[**] All the farmers and officers of the customs, who had been employed during so many years in levying tonnage and poundage and the new impositions, were likewise declared criminals, and were afterwards glad to compound for a pardon by paying a fine of one hundred and fifty thousand pounds. Every discretionary or arbitrary sentence of the star chamber and high commission, courts which, from their very constitution, were arbitrary, underwent a severe scrutiny; and all those who had concurred in such sentences were voted to be liable to the penalties of law.[***] No minister of the king, no member of the council, but found himself exposed by this decision. The judges who had given their vote against Hambden in the trial of ship money, were accused before the peers, and obliged to find surety for their appearance.
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