e of
humanity could not be forever silenced. Now and then a virtuous and
high-minded judge appeared in office--like Hale or Holt, Camden or
Erskine. Even in the worst times there were noble men who lifted up
their voices. Let me select two examples from men not famous, but
whose names, borne by other persons, are still familiar to this court.

In 1627 Sir Robert Phillips, member for Somersetshire, in his place in
Parliament, thus spoke against the advance of despotism:[95]--

[Footnote 95: 1 Rushworth, 502.]

"I read of a custom among the old Romans, that once every
year they had a solemn feast for their slaves; at which they
had liberty, without exception, to speak what they would,
thereby to ease their afflicted minds; which being finished,
they severally returned to their former servitude. This may,
with some resemblance and distinction, well set forth our
present state; where now, after the revolution of some time,
and grievous sufferance of many violent oppressions, we
have, as those slaves had, a day of liberty of speech; but
shall not, I trust, be hereafter slaves, for we are free:
yet what new illegal proceedings our estates and persons
have suffered under, my heart yearns to think, my tongue
falters to utter. They have been well represented by divers
worthy gentlemen before me; yet one grievance, and the main
one, as I conceive, hath not been touched, which is our
Religion: religion, Mr. Speaker, made vendible by
commission, and men, for pecuniary annual rates, dispensed
withal; Judgments of law against our liberty there have been
three; each latter stepping forwarder than the former, upon
the Rights of the Subject; aiming, in the end, to tread and
trample underfoot our law, and that even in the form of
law."

"The first was the Judgment of the Postnati, (the Scots,)
... The second was the Judgment upon Impositions, in the
Exchequer Court by the barons; which hath been the source
and fountain of many bitter waters of affliction unto our
merchants." "The third was that fatal late Judgment against
the Liberty of the Subject imprisoned by the king, argued
and pronounced but by one judge alone." "I can live,
although another who has no right be put to live with me;
nay, I can live although I pay excises and impositions more
than I do; but to have my l