s declared that the Charter of
London was forfeit, and the liberties and franchises of the city
should "be seized into the king's hands."[78]

[Footnote 78: 2 Hallam, 333; Burnet, Own Times (London, 1838), 350; 8
St. Tr. 1039, 1081 note, 1267, _et seq._; 2 Campbell, Justices, 63;
North's Examen. 626; Fox, 54.]

Thus fell the charter of London! Gentlemen of the Jury, the same sword
was soon to strike at the neck of New England; the charter of
Massachusetts could not be safe in such a time.

In 1686 James II. wished to destroy Protestantism,--not that he loved
the Roman form of religion, but that tyranny which it would help him
get and keep. So he claimed the right by his royal prerogative to
dispense with any laws of the land. Of the twelve Judges of England
eight were found on his side, and the four unexpectedly proven
faithful were at once dismissed from office and their places filled
with courtiers of the king, and the court was unanimous that the king
had a constitutional right to destroy the constitution. Then he had
not only command of the purses of his subjects and their bodies, but
also of their mind and conscience, and could dictate the actual
Religion of the People as well as the official "religion" of the
priests.[79]

[Footnote 79: 11 St. Tr. 1165; 12 Ibid. 358.]

One State-secret lay at the bottom of the Stuarts' plans,--to appoint
base men for judges, and if by accident a just man came upon the
bench, to keep him in obscurity or to hustle him from his post. What
names they offer us--Kelyng, Finch, Saunders, Wright, Jeffreys,
Scroggs![80] infamous creatures, but admirable instruments to destroy
generous men withal and devise means for the annihilation of the
liberties of the people. Historians commonly dwell on the fields of
battle, recording the victories of humanity, whereof the pike and gun
were instruments; but pass idly over the more important warfare which
goes on in the court house, only a few looking on, where lawyers are
the champions of mankind, and the battle turns on a sentence; nay, on
a word which determines the welfare of a nation for ages to come. On
such little hinges of law do the great gates hang, and open or shut to
let in the happiness or the ruin of millions of men! Naseby and
Worcester are important places truly, venerable for great deeds.
Cromwell and Blake are names not likely to perish while men can
appreciate the heroism which sheds blood. But Westminster Hall has
rung with