There is, however, one occasion where the Parliament has departed from this maxim, and this is in the pressing of seamen. The exercise of an illegal power is here tacitly permitted in the crown, and though it has frequently been under deliberation how that power might be rendered legal and granted under proper restrictions to the sovereign, no safe expedient could ever be proposed for that purpose, and the danger to liberty always appeared greater from law than from usurpation. While this power is exercised to no other end than to man the Navy men willingly submit to it from a sense of its use and necessity, and the sailors, who are alone affected by it, find nobody to support them in claiming the rights and privileges which the law grants without distinction to all English subjects. But were this power on any occasion made an instrument of faction or ministerial tyranny, the opposite faction, and indeed all lovers of their country, would immediately take the alarm and support the injured party. The liberty of Englishmen would be asserted; juries would be implacable; and the tools of tyranny acting both against law and equity would meet with the severest vengeance. On the other hand, were the Parliament to grant such an authority, they would probably fall into one of these two inconveniences: they would either bestow it under so many restrictions as would make it lose its effects by cramping the authority of the crown, or they would render it so large and comprehensive as might give occasion {p106} to great abuses, for which we could in that case have no remedy. The very illegality of the power at present prevents its abuses, by affording so easy a remedy against them.
I pretend not by this reasoning to exclude all possibility of contriving a register for seamen, which might man the Navy without being dangerous to liberty. I only observe that no satisfactory scheme of that nature has yet been proposed. Rather than adopt any project hitherto