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The progress of civilisation introduced a great change. War became a science, and, as a necessary consequence, a trade. The great body of the people grew every day more reluctant to undergo the inconveniences of military service, and better able to pay others for undergoing them. A new class of men, therefore, dependent on the Crown alone, natural enemies of those popular rights which are to them as the dew to the fleece of Gideon, slaves among freemen, freemen among slaves, grew into importance. That physical force which in the dark ages had belonged to the nobles and the commons, and had, far more than any charter, or any assembly, been the safeguard of their privileges, was transferred entire to the King. Monarchy gained in two ways. The sovereign was strengthened, the subjects weakened. The great mass of the population, destitute of all military discipline and organisation, ceased to exercise any influence by force on political transactions. There have, indeed, during the last hundred and fifty years, been many popular insurrections in Europe: but all have failed except those in which the regular army has been induced to join the disaffected.

Those legal checks which, while the sovereign remained dependent on his subjects, had been adequate to the purpose for which they were designed, were now found wanting. The dikes which had been sufficient while the waters were low were not high enough to keep out the springtide. The deluge passed over them and, according to the exquisite illustration of Butler, the formal boundaries, which had excluded it, now held it in. The old constitutions fared like the old shields and coats of mail. They were the defences of a rude age; and they did well enough against the weapons of a rude age. But new and more formidable means of destruction were invented. The ancient panoply became useless; and it was thrown aside, to rust in lumber-rooms, or exhibited only as part of an idle pageant.

Thus absolute monarchy was established on the Continent. England escaped; but she escaped very narrowly. Happily our insular situation, and the pacific policy of James, rendered standing armies unnecessary here, till they had been for some time kept up in the neighbouring kingdoms. Our public men, had therefore an opportunity of watching the effects produced by this momentous change on governments which bore a close analogy to that established in England. Everywhere they saw the power of the monarch increasing, the resistance of assemblies which were no longer supported by a national force gradually becoming more and more feeble, and at length altogether ceasing. The friends and the enemies of liberty perceived with equal clearness the causes of this general decay. It is the favourite theme of Strafford. He advises the King to procure from the judges a recognition of his right to raise an army at his pleasure. “This place well fortified,” says he, “for ever vindicates the monarchy at home from under the conditions and restraints of subjects.” We firmly believe that he was in the right. Nay; we believe that, even if no deliberate scheme, of arbitrary government had been formed, by the sovereign and his ministers, there was great reason to apprehend a natural extinction of the Constitution. If, for example, Charles had played the part of Gustavus Adolphus, if he had carried on a popular war for the defence of the Protestant cause in Germany, if he had gratified the national pride by a series of victories, if he had formed an army of forty or fifty thousand devoted soldiers, we do not see what chance the nation would have had of escaping from despotism. The judges would have given as strong a decision in favour of camp-money as they gave in favour of ship-money. If they had been scrupulous, it would have made little difference. An individual who resisted would have been treated as Charles treated Eliot, and as Strafford wished to treat Hampden. The Parliament might have been summoned once in twenty years, to congratulate a King on his accession, or to give solemnity to some great measure of state. Such had been the fate of legislative assemblies as powerful, as much respected, as high-spirited, as the English Lords and Commons.

The two Houses, surrounded by the ruins of so many free constitutions overthrown or sapped by the new military system, were required to intrust the command of an army and the conduct of the Irish war to a King who had proposed to himself the destruction of liberty as the great end of his policy. We are decidedly of opinion that it would have been fatal to comply. Many of those who took the side of the King on this question would have cursed their own loyalty, if they had seen him return from war; at the head of twenty thousand troops, accustomed to carriage and free quarters in Ireland.

We think with Mr. Hallam that many of the Royalist nobility and gentry were true friends to the Constitution, and that, but for the solemn protestations by which the King bound himself to govern according to the law for the future, they never would have joined his standard. But surely they underrated the public danger. Falkland is commonly selected as the most respectable specimen of this class. He was indeed a man of great talents and of great virtues but, we apprehend, infinitely too fastidious for public life. He did not perceive that, in such times as those on which his lot had fallen, the duty of a statesman is to choose the better cause and to stand by it, in spite of those excesses by which every cause, however good in itself, will be disgraced. The present evil always seemed to him the worst. He was always going backward and forward; but it should be remembered to his honour that it was always from the stronger to the weaker side that he deserted. While Charles was oppressing the people, Falkland was a resolute champion of liberty. He attacked Strafford. He even concurred in strong measures against Episcopacy. But the violence of his party annoyed him, and drove him to the other party, to be equally annoyed there. Dreading the success of the cause which he had espoused, disgusted by the courtiers of Oxford, as he had been disgusted by the patriots of Westminster, yet bound by honour not to abandon the cause, for which he was in arms, he pined away, neglected his person, went about moaning for peace, and at last rushed desperately on death, as the best refuge in such miserable times. If he had lived through the scenes that followed, we have little doubt that he would have condemned himself to share the exile and beggary of the royal family; that he would then have returned to oppose all their measures; that he would have been sent to the Tower by the Commons as a stifler of the Popish Plot, and by the King as an accomplice in the Rye-House Plot; and that, if he had escaped being hanged, first by Scroggs, and then by Jeffreys, he would, after manfully opposing James the Second through years of tyranny, have been seized with a fit of compassion, at the very moment of the Revolution, have voted for a regency, and died a non-juror.

We do not dispute that the royal party contained many excellent men and excellent citizens. But this we say, that they did not discern those times. The peculiar glory of the Houses of Parliament is that, in the great plague and mortality of constitutions, they took their stand between the living and the dead. At the very crisis of our destiny, at the very moment when the fate which had passed on every other nation was about to pass on England, they arrested the danger.

Those who conceive that the parliamentary leaders were desirous merely to maintain the old constitution, and those who represent them as conspiring to subvert it, are equally in error. The old constitution, as we have attempted to show, could not be maintained. The progress of time, the increase of wealth, the diffusion of knowledge, the great change in the European system of war, rendered it impossible that any of the monarchies of the middle ages should continue to exist on the old footing. The prerogative of the crown was constantly advancing. If the privileges of the people were to remain absolutely stationary, they would relatively retrograde. The monarchical and democratical parts of the government were placed in a situation not unlike that of the two brothers in the Fairy Queen, one of whom saw the soil of his inheritance daily, washed away by the tide and joined to that of his rival. The portions had at first been fairly meted out. By a natural and constant transfer, the one had been extended; the other had dwindled to nothing. A new partition, or a compensation, was necessary to restore the original equality.

It was now, therefore, absolutely necessary to violate the formal part of the constitution, in order to preserve its spirit. This might have been done, as it was done at the Revolution, by expelling the reigning family, and calling to the throne princes who, relying solely on an elective title, would find it necessary to respect the privileges and follow the advice of the assemblies to which they owed everything, to pass every bill which the Legislature strongly pressed upon them, and to fill the offices of state with men in whom the Legislature confided. But, as the two Houses did not choose to change the dynasty, it was necessary that they should do directly what at the Revolution was done indirectly. Nothing is more usual than to hear it said that, if the Houses had contented themselves with making such a reform in the government under Charles as was afterwards made under William, they would have had the highest claim to national gratitude; and that in their violence they overshot the mark. But how was it possible to make such a settlement under Charles? Charles was not, like William and the princes of the Hanoverian line, bound by community of interests and dangers to the Parliament. It was therefore necessary that he should be bound by treaty and statute.

Mr. Hallam reprobates, in language which has a little surprised us, the nineteen propositions into which the Parliament digested its scheme. Is it possible to doubt that, if James the Second had remained in the island, and had been suffered, as he probably would in that case have been suffered, to keep his crown, conditions to the full as hard would have been imposed on him? On the other hand, we fully admit that, if the Long Parliament had pronounced the departure of Charles from London an abdication, and had called Essex or Northumberland to the throne, the new prince might have safely been suffered to reign without such restrictions. His situation would have been a sufficient guarantee.

In the nineteen propositions we see very little to blame except the articles against the Catholics. These, however, were in the spirit of that age; and to some sturdy churchmen in our own, they may seem to palliate even the good which the Long Parliament effected. The regulation with respect to new creations of Peers is the only other article about which we entertain any doubt. One of the propositions is that the judges shall hold their offices during good behaviour. To this surely no exception will be taken. The right of directing the education and marriage of the princes was most properly claimed by the Parliament, on the same ground on which, after the Revolution, it was enacted, that no king, on pain of forfeiting, his throne, should espouse a Papist. Unless we condemn the statesmen of the Revolution, who conceived that England could not safely be governed by a sovereign married to a Catholic queen, we can scarcely condemn the Long Parliament because, having a sovereign so situated, they thought it necessary to place him under strict restraints. The influence of Henrietta Maria had already been deeply felt in political affairs. In the regulation of her family, in the education and marriage of her children, it was still more likely to be felt; There might be another Catholic queen; possibly a Catholic king. Little, as we are disposed to join in the vulgar clamour on this subject, we think that such an event ought to be, if possible, averted; and this could only be done, if Charles was to be left on the throne, by placing his domestic arrangements under the control of Parliament.

A veto on the appointment of ministers was demanded. But this veto Parliament has virtually possessed ever since the Revolution. It is no doubt very far better that this power of the Legislature should be exercised as it is now exercised, when any great occasion calls for interference, than that at every change the Commons should have to signify their approbation or disapprobation in form. But, unless a new family had been placed on the throne, we do not see how this power could have been exercised as it is now exercised. We again repeat that no restraints which could be imposed on the princes who reigned after the Revolution could have added to the security, which their title afforded. They were compelled to court their parliaments. But from Charles nothing was to be expected which was not set down in the bond.

It was not stipulated that the King should give up his negative on acts of Parliament. But the Commons, had certainly shown a strong disposition to exact this security also. “Such a doctrine,” says Mr. Hallam, “was in this country as repugnant to the whole history of our laws, as it was incompatible with the subsistence of the monarchy in anything more than a nominal preeminence.” Now this article has been as completely carried into elect by the Revolution as if it had been formally inserted in the Bill of Rights and the Act of Settlement. We are surprised, we confess, that Mr. Hallam should attach so much importance to a prerogative which has not been exercised for a hundred and thirty years, which probably will never be exercised again, and which can scarcely, in any conceivable case, be exercised for a salutary purpose.

But the great security, the security without which every other would have been insufficient, was the power of the sword. This both parties thoroughly understood. The Parliament insisted on having the command of the militia and the direction of the Irish war. “By God, not for an hour!” exclaimed the King. “Keep the militia,” said the Queen, after the defeat of the royal party. “Keep the militia; that will bring back everything.” That, by the old constitution, no military authority was lodged in the Parliament, Mr. Hallam has clearly shown. That it is a species of authority which ought, not to be permanently lodged in large and divided assemblies, must, we think in fairness be conceded. Opposition, publicity, long discussion, frequent compromise; these are the characteristics of the proceedings of such assemblies. Unity, secrecy, decision, are the qualities which military arrangements require. There were, therefore, serious objections to the proposition of the Houses on this subject. But, on the other hand, to trust such a King, at such a crisis, with the very weapon which, in hands less dangerous, had destroyed so many free constitutions, would have been the extreme of rashness. The jealousy with which the oligarchy of Venice and the States of Holland regarded their generals and armies induced them perpetually to interfere in matters of which they were incompetent to judge. This policy secured them against military usurpation, but placed them, under great disadvantages in war. The uncontrolled power which the King of France exercised over his troops enabled him to conquer his enemies, but enabled him also to oppress his people. Was there any intermediate course? None, we confess altogether free from objection. But on the whole, we conceive that the best measure would have been that which the Parliament over and over proposed, namely, that for a limited time the power of the sword should be left to the two Houses, and that it should revert to the Crown when the constitution should be firmly established, and when the new securities of freedom should be so far strengthened by prescription that it would be difficult to employ even a standing army for the purpose of subverting them.

Mr. Hallam thinks that the dispute might easily have been compromised, by enacting that, the King should have no power to keep a standing army on foot without the consent of Parliament. He reasons as if the question had been merely theoretical, and as if at that time no army had been wanted. “The kingdom,” he says, “might have well dispensed, in that age, with any military organisation.” Now, we think that Mr. Hallam overlooks the most important circumstance in the whole case. Ireland was actually in rebellion; and a great expedition would obviously be necessary to reduce that kingdom to obedience. The Houses had therefore to consider, not at abstract question of law, but an urgent practical question, directly involving the safety of the state. They had to consider the expediency of immediately giving a great army to a King who was, at least, as desirous to put down the Parliament of England as to conquer the insurgents of Ireland.

Of course we do not mean to defend all the measures of the Houses. Far from it. There never was a perfect man. It would, therefore, be the height of absurdity to expect a perfect party or a perfect assembly. For large bodies are far more likely to err than individuals. The passions are inflamed by sympathy; the fear of punishment and the sense of shame are diminished by partition. Every day we see men do for their faction what they would die rather than do for themselves.

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