Neal - Houston-Packer Collection BX9333 .N4 1754 v1

5o8 The HISTORY of the PURITANS. Chap. III. K. Charles I. Lord Chief Juflice FINCH was a man of little knowledge in his . feflion, except it was for making the laws of the and give place to L. C.7. orders of council. Mr. Attorney-General Noy was a man of affeéled Finch, and pride and moròfity, who valued himfelf (lays lord Clarendon) upon mak- the ref! Os. thejudges. g in that to be law which all other men believed not to be fo. Indeed Clarendon, all the judges were of this ftamp, who inftead of upholding the law, as Vol. I. p.7s, the defence and fecurity of the fubjeéts privileges, fet it afide upon every 73, 74 little occafion, diftinguifhing between a rule of law, and a rule of govern. ment: fo that thofe whom they could not conviét by flatute law, were fure to fuller by the rule of government, or a kind of politicaljufiice. The judges held their places during the king's pleafure; and when the pre- rogative was to be ftretched in any particular inftances, Laud would fend for their opinions before-hand, to give the greater fandion to the pro- ceedings of the council and flarchamber, by whom they were often put in mind, that if they didnot do bis majejly's bufinefsto fatisfablion, they would be removed. Upon the whole, they were mercenary men, and (according to lord Clarendon) fcandalous to their profefíïon. The courts of Wefiminfler-Hall had little to do between the crown and the fubjeft; all bufinefs of this kind being transferred to the COUNCIL TABLE, the STAR CHAMBER, and the court of HIGH COMMISSION. Of the couu- The COUNCIL TABLE was the legiflature of the kingdom; their pro- cil table. clamations and orders being made a rule of government, and the meafure of the fubjeëts-obedience. Though there was not one tingle law.enaéted in twelve years, there were no lefs than two hundred and fifty proclama- tions ; every one ofwhich had the force of a law, and bound the fub. jell under the fevereft penalties. The lord-keeper Finch, upon a demur- rer put into a bill, that had no other equity than an order of council, de- clared upon the bench, that while he was keeper, no manfhould befo fawcy as to difpute thole orders, but that the wifdom'of that boardfhould always be Clarendon, ground good enoughfor him to make a decree in chancery. Judge Berkeley Voi. L P.74. upon a like occafiun declared, that there was a rule of law, and a rule of government, that many things that might not be done by the rule oflaw, might be done by the rule of government : His lordfhip added, that no all-ofpar- liament could bind the king not to command away his fubjeEls goods and money. The Star- " The STAR -CHAMBER (lays Tord Clarendon) was in a manner the ehambera " fame court with the coUNCIL TABLE,, being but the fame perlons in 68 . I. p. " feveral rooms a They were both grown into courts of law, to determine right ; and courts of revenue, to bring money into the treafury :. The. council table by proclamations, enjoining to the people what was not " enjoined by law, and prohibiting that which was not prohibited;. and " theßar.chamber cenfuring the breach and difobedience to thofe piocia- " mations,

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