THE HISTORY OF ENGLAND FROM THE ACCESSION OF JAMES II,

VOLUME 1 (of 5)

by Thomas Babington Macaulay.

Philadelphia

Porter & Coates



VOL. I.



CONTENTS:

CHAPTER I.

Introduction Britain under the Romans Britain under the Saxons Conversion of the Saxons to Christianity Danish Invasions; The Normans The Norman Conquest Separation of England and Normandy Amalgamation of Races English Conquests on the Continent Wars of the Roses Extinction of Villenage Beneficial Operation of the Roman Catholic Religion The early English Polity often misrepresented, and why? Nature of the Limited Monarchies of the Middle Ages Prerogatives of the early English Kings Limitations of the Prerogative Resistance an ordinary Check on Tyranny in the Middle Ages Peculiar Character of the English Aristocracy Government of the Tudors Limited Monarchies of the Middle Ages generally turned into Absolute Monarchies The English Monarchy a singular Exception The Reformation and its Effects Origin of the Church of England Her peculiar Character Relation in which she stood to the Crown The Puritans Their Republican Spirit No systematic parliamentary Opposition offered to the Government of Elizabeth Question of the Monopolies Scotland and Ireland become Parts of the same Empire with England Diminution of the Importance of England after the Accession of James I Doctrine of Divine Right The Separation between the Church and the Puritans becomes wider Accession and Character of Charles I Tactics of the Opposition in the House of Commons Petition of Right Petition of Right violated; Character and Designs of Wentworth Character of Laud Star Chamber and High Commission Ship-Money Resistance to the Liturgy in Scotland A Parliament called and dissolved The Long Parliament First Appearance of the Two great English Parties The Remonstrance Impeachment of the Five Members Departure of Charles from London Commencement of the Civil War Successes of the Royalists Rise of the Independents Oliver Cromwell Selfdenying Ordinance; Victory of the Parliament Domination and Character of the Army Rising against the Military Government suppressed Proceedings against the King His Execution Subjugation of Ireland and Scotland Expulsion of the Long Parliament The Protectorate of Oliver Cromwell Oliver succeeded by Richard Fall of Richard and Revival of the Long Parliament Second Expulsion of the Long Parliament The Army of Scotland marches into England Monk declares for a Free Parliament General Election of 1660 The Restoration

CHAPTER II.

Conduct of those who restored the House of Stuart unjustly censured Abolition of Tenures by Knight Service; Disbandment of the Army Disputes between the Roundheads and Cavaliers renewed Religious Dissension Unpopularity of the Puritans Character of Charles II Character of the Duke of York and Earl of Clarendon General Election of 1661 Violence of the Cavaliers in the new Parliament Persecution of the Puritans Zeal of the Church for Hereditary Monarchy Change in the Morals of the Community Profligacy of Politicians State of Scotland State of Ireland The Government become unpopular in England War with the Dutch Opposition in the House of Commons Fall of Clarendon State of European Politics, and Ascendancy of France Character of Lewis XIV The Triple Alliance The Country Party Connection between Charles II. and France Views of Lewis with respect to England Treaty of Dover Nature of the English Cabinet The Cabal Shutting of the Exchequer War with the United Provinces, and their extreme Danger William, Prince of Orange Meeting of the Parliament; Declaration of Indulgence It is cancelled, and the Test Act passed The Cabal dissolved Peace with the United Provinces; Administration of Danby Embarrassing Situation of the Country Party Dealings of that Party with the French Embassy Peace of Nimeguen Violent Discontents in England Fall of Danby; the Popish Plot Violence of the new House of Commons Temple's Plan of Government Character of Halifax Character of Sunderland Prorogation of the Parliament; Habeas Corpus Act; Second General Election of 1679 Popularity of Monmouth Lawrence Hyde Sidney Godolphin Violence of Factions on the Subject of the Exclusion Bill Names of Whig and Tory Meeting of Parliament; The Exclusion Bill passes the Commons; Exclusion Bill rejected by the Lords Execution of Stafford; General Election of 1681 Parliament held at Oxford, and dissolved Tory Reaction Persecution of the Whigs Charter of the City confiscated; Whig Conspiracies Detection of the Whig Conspiracies Severity of the Government; Seizure of Charters Influence of the Duke of York He is opposed by Halifax Lord Guildford Policy of Lewis State of Factions in the Court of Charles at the time of his Death

CHAPTER III.

Great Change in the State of England since 1685 Population of England in 1685 Increase of Population greater in the North than in the South Revenue in 1685 Military System The Navy The Ordnance Noneffective Charge; Charge of Civil Government Great Gains of Ministers and Courtiers State of Agriculture Mineral Wealth of the Country Increase of Rent The Country Gentlemen The Clergy The Yeomanry; Growth of the Towns; Bristol Norwich Other Country Towns Manchester; Leeds; Sheffield Birmingham Liverpool Watering-places; Cheltenham; Brighton; Buxton; Tunbridge Wells Bath London The City Fashionable Part of the Capital Lighting of London Police of London Whitefriars; The Court The Coffee Houses Difficulty of Travelling Badness of the Roads Stage Coaches Highwaymen Inns Post Office Newspapers News-letters The Observator Scarcity of Books in Country Places; Female Education Literary Attainments of Gentlemen Influence of French Literature Immorality of the Polite Literature of England State of Science in England State of the Fine Arts State of the Common People; Agricultural Wages Wages of Manufacturers Labour of Children in Factories Wages of different Classes of Artisans Number of Paupers Benefits derived by the Common People from the Progress of Civilisation Delusion which leads Men to overrate the Happiness of preceding Generations

CHAPTER IV.

Death of Charles II Suspicions of Poison Speech of James II. to the Privy Council James proclaimed State of the Administration New Arrangements Sir George Jeffreys The Revenue collected without an Act of Parliament A Parliament called Transactions between James and the French King Churchill sent Ambassador to France; His History Feelings of the Continental Governments towards England Policy of the Court of Rome Struggle in the Mind of James; Fluctuations in his Policy Public Celebration of the Roman Catholic Rites in the Palace His Coronation Enthusiasm of the Tories; Addresses The Elections Proceedings against Oates Proceedings against Dangerfield Proceedings against Baxter Meeting of the Parliament of Scotland Feeling of James towards the Puritans Cruel Treatment of the Scotch Covenanters Feeling of James towards the Quakers William Penn Peculiar Favour shown to Roman Catholics and Quakers Meeting of the English Parliament; Trevor chosen Speaker; Character of Seymour The King's Speech to the Parliament Debate in the Commons; Speech of Seymour The Revenue voted; Proceedings of the Commons concerning Religion Additional Taxes voted; Sir Dudley North Proceedings of the Lords Bill for reversing the Attainder of Stafford

CHAPTER V.

Whig Refugees on the Continent Their Correspondents in England Characters of the leading Refugees; Ayloffe; Wade Goodenough; Rumbold Lord Grey Monmouth Ferguson Scotch Refugees; Earl of Argyle Sir Patrick Hume; Sir John Cochrane; Fletcher of Saltoun Unreasonable Conduct of the Scotch Refugees Arrangement for an Attempt on England and Scotland John Locke Preparations made by Government for the Defence of Scotland Conversation of James with the Dutch Ambassadors; Ineffectual Attempts to prevent Argyle from sailing Departure of Argyle from Holland; He lands in Scotland His Disputes with his Followers Temper of the Scotch Nation Argyle's Forces dispersed Argyle a Prisoner His Execution. Execution of Rumbold Death of Ayloffe Devastation of Argyleshire Ineffectual Attempts to prevent Monmouth from leaving Holland His Arrival at Lyme His Declaration His Popularity in the West of England Encounter of the Rebels with the Militia at Bridport Encounter of the Rebels with the Militia at Axminster; News of the Rebellion carried to London; Loyalty of the Parliament Reception of Monmouth at Taunton He takes the Title of King His Reception at Bridgewater Preparations of the Government to oppose him His Design on Bristol He relinquishes that Design Skirmish at Philip's Norton; Despondence of Monmouth He returns to Bridgewater; The Royal Army encamps at Sedgemoor Battle of Sedgemoor Pursuit of the Rebels Military Executions; Flight of Monmouth His Capture His Letter to the King; He is carried to London His Interview with the King His Execution His Memory cherished by the Common People Cruelties of the Soldiers in the West; Kirke Jeffreys sets out on the Western Circuit Trial of Alice Lisle The Bloody Assizes Abraham Holmes Christopher Battiseombe; The Hewlings Punishment of Tutchin Rebels Transported Confiscation and Extortion Rapacity of the Queen and her Ladies Grey; Cochrane; Storey Wade, Goodenough, and Ferguson Jeffreys made Lord Chancellor Trial and Execution of Cornish Trials and Executions of Fernley and Elizabeth Gaunt Trial and Execution of Bateman Persecution of the Protestant Dissenters



HISTORY OF ENGLAND.



CHAPTER I.

I PURPOSE to write the history of England from the accession of King James the Second down to a time which is within the memory of men still living. I shall recount the errors which, in a few months, alienated a loyal gentry and priesthood from the House of Stuart. I shall trace the course of that revolution which terminated the long struggle between our sovereigns and their parliaments, and bound up together the rights of the people and the title of the reigning dynasty. I shall relate how the new settlement was, during many troubled years, successfully defended against foreign and domestic enemies; how, under that settlement, the authority of law and the security of property were found to be compatible with a liberty of discussion and of individual action never before known; how, from the auspicious union of order and freedom, sprang a prosperity of which the annals of human affairs had furnished no example; how our country, from a state of ignominious vassalage, rapidly rose to the place of umpire among European powers; how her opulence and her martial glory grew together; how, by wise and resolute good faith, was gradually established a public credit fruitful of marvels which to the statesmen of any former age would have seemed incredible; how a gigantic commerce gave birth to a maritime power, compared with which every other maritime power, ancient or modern, sinks into insignificance; how Scotland, after ages of enmity, was at length united to England, not merely by legal bonds, but by indissoluble ties of interest and affection; how, in America, the British colonies rapidly became far mightier and wealthier than the realms which Cortes and Pizarro had added to the dominions of Charles the Fifth; how in Asia, British adventurers founded an empire not less splendid and more durable than that of Alexander.

Nor will it be less my duty faithfully to record disasters mingled with triumphs, and great national crimes and follies far more humiliating than any disaster. It will be seen that even what we justly account our chief blessings were not without alloy. It will be seen that the system which effectually secured our liberties against the encroachments of kingly power gave birth to a new class of abuses from which absolute monarchies are exempt. It will be seen that, in consequence partly of unwise interference, and partly of unwise neglect, the increase of wealth and the extension of trade produced, together with immense good, some evils from which poor and rude societies are free. It will be seen how, in two important dependencies of the crown, wrong was followed by just retribution; how imprudence and obstinacy broke the ties which bound the North American colonies to the parent state; how Ireland, cursed by the domination of race over race, and of religion over religion, remained indeed a member of the empire, but a withered and distorted member, adding no strength to the body politic, and reproachfully pointed at by all who feared or envied the greatness of England.

Yet, unless I greatly deceive myself, the general effect of this chequered narrative will be to excite thankfulness in all religious minds, and hope in the breasts of all patriots. For the history of our country during the last hundred and sixty years is eminently the history of physical, of moral, and of intellectual improvement. Those who compare the age on which their lot has fallen with a golden age which exists only in their imagination may talk of degeneracy and decay: but no man who is correctly informed as to the past will be disposed to take a morose or desponding view of the present.

I should very imperfectly execute the task which I have undertaken if I were merely to treat of battles and sieges, of the rise and fall of administrations, of intrigues in the palace, and of debates in the parliament. It will be my endeavour to relate the history of the people as well as the history of the government, to trace the progress of useful and ornamental arts, to describe the rise of religious sects and the changes of literary taste, to portray the manners of successive generations and not to pass by with neglect even the revolutions which have taken place in dress, furniture, repasts, and public amusements. I shall cheerfully bear the reproach of having descended below the dignity of history, if I can succeed in placing before the English of the nineteenth century a true picture of the life of their ancestors.

The events which I propose to relate form only a single act of a great and eventful drama extending through ages, and must be very imperfectly understood unless the plot of the preceding acts be well known. I shall therefore introduce my narrative by a slight sketch of the history of our country from the earliest times. I shall pass very rapidly over many centuries: but I shall dwell at some length on the vicissitudes of that contest which the administration of King James the Second brought to a decisive crisis. [1]

Nothing in the early existence of Britain indicated the greatness which she was destined to attain. Her inhabitants when first they became known to the Tyrian mariners, were little superior to the natives of the Sandwich Islands. She was subjugated by the Roman arms; but she received only a faint tincture of Roman arts and letters. Of the western provinces which obeyed the Caesars, she was the last that was conquered, and the first that was flung away. No magnificent remains of Latin porches and aqueducts are to be found in Britain. No writer of British birth is reckoned among the masters of Latin poetry and eloquence. It is not probable that the islanders were at any time generally familiar with the tongue of their Italian rulers. From the Atlantic to the vicinity of the Rhine the Latin has, during many centuries, been predominant. It drove out the Celtic; it was not driven out by the Teutonic; and it is at this day the basis of the French, Spanish and Portuguese languages. In our island the Latin appears never to have superseded the old Gaelic speech, and could not stand its ground against the German.

The scanty and superficial civilisation which the Britons had derived from their southern masters was effaced by the calamities of the fifth century. In the continental kingdoms into which the Roman empire was then dissolved, the conquerors learned much from the conquered race. In Britain the conquered race became as barbarous as the conquerors.

All the chiefs who founded Teutonic dynasties in the continental provinces of the Roman empire, Alaric, Theodoric, Clovis, Alboin, were zealous Christians. The followers of Ida and Cerdic, on the other hand, brought to their settlements in Britain all the superstitions of the Elbe. While the German princes who reigned at Paris, Toledo, Arles, and Ravenna listened with reverence to the instructions of bishops, adored the relics of martyrs, and took part eagerly in disputes touching the Nicene theology, the rulers of Wessex and Mercia were still performing savage rites in the temples of Thor and Woden.

The continental kingdoms which had risen on the ruins of the Western Empire kept up some intercourse with those eastern provinces where the ancient civilisation, though slowly fading away under the influence of misgovernment, might still astonish and instruct barbarians, where the court still exhibited the splendour of Diocletian and Constantine, where the public buildings were still adorned with the sculptures of Polycletus and the paintings of Apelles, and where laborious pedants, themselves destitute of taste, sense, and spirit, could still read and interpret the masterpieces of Sophocles, of Demosthenes, and of Plato. From this communion Britain was cut off. Her shores were, to the polished race which dwelt by the Bosphorus, objects of a mysterious horror, such as that with which the Ionians of the age of Homer had regarded the Straits of Scylla and the city of the Laestrygonian cannibals. There was one province of our island in which, as Procopius had been told, the ground was covered with serpents, and the air was such that no man could inhale it and live. To this desolate region the spirits of the departed were ferried over from the land of the Franks at midnight. A strange race of fishermen performed the ghastly office. The speech of the dead was distinctly heard by the boatmen, their weight made the keel sink deep in the water; but their forms were invisible to mortal eye. Such were the marvels which an able historian, the contemporary of Belisarius, of Simplicius, and of Tribonian, gravely related in the rich and polite Constantinople, touching the country in which the founder of Constantinople had assumed the imperial purple. Concerning all the other provinces of the Western Empire we have continuous information. It is only in Britain that an age of fable completely separates two ages of truth. Odoacer and Totila, Euric and Thrasimund, Clovis, Fredegunda, and Brunechild, are historical men and women. But Hengist and Horsa, Vortigern and Rowena, Arthur and Mordred are mythical persons, whose very existence may be questioned, and whose adventures must be classed with those of Hercules and Romulus.

At length the darkness begins to break; and the country which had been lost to view as Britain reappears as England. The conversion of the Saxon colonists to Christianity was the first of a long series of salutary revolutions. It is true that the Church had been deeply corrupted both by that superstition and by that philosophy against which she had long contended, and over which she had at last triumphed. She had given a too easy admission to doctrines borrowed from the ancient schools, and to rites borrowed from the ancient temples. Roman policy and Gothic ignorance, Grecian ingenuity and Syrian asceticism, had contributed to deprave her. Yet she retained enough of the sublime theology and benevolent morality of her earlier days to elevate many intellects, and to purify many hearts. Some things also which at a later period were justly regarded as among her chief blemishes were, in the seventh century, and long afterwards, among her chief merits. That the sacerdotal order should encroach on the functions of the civil magistrate would, in our time, be a great evil. But that which in an age of good government is an evil may, in an ago of grossly bad government, be a blessing. It is better that mankind should be governed by wise laws well administered, and by an enlightened public opinion, than by priestcraft: but it is better that men should be governed by priestcraft than by brute violence, by such a prelate as Dunstan than by such a warrior as Penda. A society sunk in ignorance, and ruled by mere physical force, has great reason to rejoice when a class, of which the influence is intellectual and moral, rises to ascendancy. Such a class will doubtless abuse its power: but mental power, even when abused, is still a nobler and better power than that which consists merely in corporeal strength. We read in our Saxon chronicles of tyrants, who, when at the height of greatness, were smitten with remorse, who abhorred the pleasures and dignities which they had purchased by guilt, who abdicated their crowns, and who sought to atone for their offences by cruel penances and incessant prayers. These stories have drawn forth bitter expressions of contempt from some writers who, while they boasted of liberality, were in truth as narrow-minded as any monk of the dark ages, and whose habit was to apply to all events in the history of the world the standard received in the Parisian society of the eighteenth century. Yet surely a system which, however deformed by superstition, introduced strong moral restraints into communities previously governed only by vigour of muscle and by audacity of spirit, a system which taught the fiercest and mightiest ruler that he was, like his meanest bondman, a responsible being, might have seemed to deserve a more respectful mention from philosophers and philanthropists.

The same observations will apply to the contempt with which, in the last century, it was fashionable to speak of the pilgrimages, the sanctuaries, the crusades, and the monastic institutions of the middle ages. In times when men were scarcely ever induced to travel by liberal curiosity, or by the pursuit of gain, it was better that the rude inhabitant of the North should visit Italy and the East as a pilgrim, than that he should never see anything but those squalid cabins and uncleared woods amidst which he was born. In times when life and when female honour were exposed to daily risk from tyrants and marauders, it was better that the precinct of a shrine should be regarded with an irrational awe, than that there should be no refuge inaccessible to cruelty and licentiousness. In times when statesmen were incapable of forming extensive political combinations, it was better that the Christian nations should be roused and united for the recovery of the Holy Sepulchre, than that they should, one by one, be overwhelmed by the Mahometan power. Whatever reproach may, at a later period, have been justly thrown on the indolence and luxury of religious orders, it was surely good that, in an age of ignorance and violence, there should be quiet cloisters and gardens, in which the arts of peace could be safely cultivated, in which gentle and contemplative natures could find an asylum, in which one brother could employ himself in transcribing the AEneid of Virgil, and another in meditating the Analytics of Aristotle, in which he who had a genius for art might illuminate a martyrology or carve a crucifix, and in which he who had a turn for natural philosophy might make experiments on the properties of plants and minerals. Had not such retreats been scattered here and there, among the huts of a miserable peasantry, and the castles of a ferocious aristocracy, European society would have consisted merely of beasts of burden and beasts of prey. The Church has many times been compared by divines to the ark of which we read in the Book of Genesis: but never was the resemblance more perfect than during that evil time when she alone rode, amidst darkness and tempest, on the deluge beneath which all the great works of ancient power and wisdom lay entombed, bearing within her that feeble germ from which a Second and more glorious civilisation was to spring.

Even the spiritual supremacy arrogated by the Pope was, in the dark ages, productive of far more good than evil. Its effect was to unite the nations of Western Europe in one great commonwealth. What the Olympian chariot course and the Pythian oracle were to all the Greek cities, from Trebizond to Marseilles, Rome and her Bishop were to all Christians of the Latin communion, from Calabria to the Hebrides. Thus grew up sentiments of enlarged benevolence. Races separated from each other by seas and mountains acknowledged a fraternal tie and a common code of public law. Even in war, the cruelty of the conqueror was not seldom mitigated by the recollection that he and his vanquished enemies were all members of one great federation.

Into this federation our Saxon ancestors were now admitted. A regular communication was opened between our shores and that part of Europe in which the traces of ancient power and policy were yet discernible. Many noble monuments which have since been destroyed or defaced still retained their pristine magnificence; and travellers, to whom Livy and Sallust were unintelligible, might gain from the Roman aqueducts and temples some faint notion of Roman history. The dome of Agrippa, still glittering with bronze, the mausoleum of Adrian, not yet deprived of its columns and statues, the Flavian amphitheatre, not yet degraded into a quarry, told to the rude English pilgrims some part of the story of that great civilised world which had passed away. The islanders returned, with awe deeply impressed on their half opened minds, and told the wondering inhabitants of the hovels of London and York that, near the grave of Saint Peter, a mighty race, now extinct, had piled up buildings which would never be dissolved till the judgment day. Learning followed in the train of Christianity. The poetry and eloquence of the Augustan age was assiduously studied in Mercian and Northumbrian monasteries. The names of Bede and Alcuin were justly celebrated throughout Europe. Such was the state of our country when, in the ninth century, began the last great migration of the northern barbarians.

During many years Denmark and Scandinavia continued to pour forth innumerable pirates, distinguished by strength, by valour, by merciless ferocity, and by hatred of the Christian name. No country suffered so much from these invaders as England. Her coast lay near to the ports whence they sailed; nor was any shire so far distant from the sea as to be secure from attack. The same atrocities which had attended the victory of the Saxon over the Celt were now, after the lapse of ages, suffered by the Saxon at the hand of the Dane. Civilization,—just as it began to rise, was met by this blow, and sank down once more. Large colonies of adventurers from the Baltic established themselves on the eastern shores of our island, spread gradually westward, and, supported by constant reinforcements from beyond the sea, aspired to the dominion of the whole realm. The struggle between the two fierce Teutonic breeds lasted through six generations. Each was alternately paramount. Cruel massacres followed by cruel retribution, provinces wasted, convents plundered, and cities rased to the ground, make up the greater part of the history of those evil days. At length the North ceased to send forth a constant stream of fresh depredators; and from that time the mutual aversion of the races began to subside. Intermarriage became frequent. The Danes learned the religion of the Saxons; and thus one cause of deadly animosity was removed. The Danish and Saxon tongues, both dialects of one widespread language, were blended together. But the distinction between the two nations was by no means effaced, when an event took place which prostrated both, in common slavery and degradation, at the feet of a third people.

The Normans were then the foremost race of Christendom. Their valour and ferocity had made them conspicuous among the rovers whom Scandinavia had sent forth to ravage Western Europe. Their sails were long the terror of both coasts of the Channel. Their arms were repeatedly carried far into the heart of: the Carlovingian empire, and were victorious under the walls of Maestricht and Paris. At length one of the feeble heirs of Charlemagne ceded to the strangers a fertile province, watered by a noble river, and contiguous to the sea which was their favourite element. In that province they founded a mighty state, which gradually extended its influence over the neighbouring principalities of Britanny and Maine. Without laying aside that dauntless valour which had been the terror of every land from the Elbe to the Pyrenees, the Normans rapidly acquired all, and more than all, the knowledge and refinement which they found in the country where they settled. Their courage secured their territory against foreign invasion. They established internal order, such as had long been unknown in the Frank empire. They embraced Christianity; and with Christianity they learned a great part of what the clergy had to teach. They abandoned their native speech, and adopted the French tongue, in which the Latin was the predominant element. They speedily raised their new language to a dignity and importance which it had never before possessed. They found it a barbarous jargon; they fixed it in writing; and they employed it in legislation, in poetry, and in romance. They renounced that brutal intemperance to which all the other branches of the great German family were too much inclined. The polite luxury of the Norman presented a striking contrast to the coarse voracity and drunkenness of his Saxon and Danish neighbours. He loved to display his magnificence, not in huge piles of food and hogsheads of strong drink, but in large and stately edifices, rich armour, gallant horses, choice falcons, well ordered tournaments, banquets delicate rather than abundant, and wines remarkable rather for their exquisite flavour than for their intoxicating power. That chivalrous spirit, which has exercised so powerful an influence on the politics, morals, and manners of all the European nations, was found in the highest exaltation among the Norman nobles. Those nobles were distinguished by their graceful bearing and insinuating address. They were distinguished also by their skill in negotiation, and by a natural eloquence which they assiduously cultivated. It was the boast of one of their historians that the Norman gentlemen were orators from the cradle. But their chief fame was derived from their military exploits. Every country, from the Atlantic Ocean to the Dead Sea, witnessed the prodigies of their discipline and valour. One Norman knight, at the head of a handful of warriors, scattered the Celts of Connaught. Another founded the monarchy of the Two Sicilies, and saw the emperors both of the East and of the West fly before his arms. A third, the Ulysses of the first crusade, was invested by his fellow soldiers with the sovereignty of Antioch; and a fourth, the Tancred whose name lives in the great poem of Tasso, was celebrated through Christendom as the bravest and most generous of the deliverers of the Holy Sepulchre.

The vicinity of so remarkable a people early began to produce an effect on the public mind of England. Before the Conquest, English princes received their education in Normandy. English sees and English estates were bestowed on Normans. The French of Normandy was familiarly spoken in the palace of Westminster. The court of Rouen seems to have been to the court of Edward the Confessor what the court of Versailles long afterwards was to the court of Charles the Second.

The battle of Hastings, and the events which followed it, not only placed a Duke of Normandy on the English throne, but gave up the whole population of England to the tyranny of the Norman race. The subjugation of a nation by a nation has seldom, even in Asia, been more complete. The country was portioned out among the captains of the invaders. Strong military institutions, closely connected with the institution of property, enabled the foreign conquerors to oppress the children of the soil. A cruel penal code, cruelly enforced, guarded the privileges, and even the sports, of the alien tyrants. Yet the subject race, though beaten down and trodden underfoot, still made its sting felt. Some bold men, the favourite heroes of our oldest ballads, betook themselves to the woods, and there, in defiance of curfew laws and forest laws, waged a predatory war against their oppressors. Assassination was an event of daily occurrence. Many Normans suddenly disappeared leaving no trace. The corpses of many were found bearing the marks of violence. Death by torture was denounced against the murderers, and strict search was made for them, but generally in vain; for the whole nation was in a conspiracy to screen them. It was at length thought necessary to lay a heavy fine on every Hundred in which a person of French extraction should be found slain; and this regulation was followed up by another regulation, providing that every person who was found slain should be supposed to be a Frenchman, unless he was proved to be a Saxon.

During the century and a half which followed the Conquest, there is, to speak strictly, no English history. The French Kings of England rose, indeed, to an eminence which was the wonder and dread of all neighbouring nations. They conquered Ireland. They received the homage of Scotland. By their valour, by their policy, by their fortunate matrimonial alliances, they became far more popular on the Continent than their liege lords the Kings of France. Asia, as well as Europe, was dazzled by the power and glory of our tyrants. Arabian chroniclers recorded with unwilling admiration the fall of Acre, the defence of Joppa, and the victorious march to Ascalon; and Arabian mothers long awed their infants to silence with the name of the lionhearted Plantagenet. At one time it seemed that the line of Hugh Capet was about to end as the Merovingian and Carlovingian lines had ended, and that a single great monarchy would spread from the Orkneys to the Pyrenees. So strong an association is established in most minds between the greatness of a sovereign and the greatness of the nation which he rules, that almost every historian of England has expatiated with a sentiment of exultation on the power and splendour of her foreign masters, and has lamented the decay of that power and splendour as a calamity to our country. This is, in truth, as absurd as it would be in a Haytian negro of our time to dwell with national pride on the greatness of Lewis the Fourteenth, and to speak of Blenheim and Ramilies with patriotic regret and shame. The Conqueror and his descendants to the fourth generation were not Englishmen: most of them were born in France: they spent the greater part of their lives in France: their ordinary speech was French: almost every high office in their gift was filled by a Frenchman: every acquisition which they made on the Continent estranged them more and more from the population of our island. One of the ablest among them indeed attempted to win the hearts of his English subjects by espousing an English princess. But, by many of his barons, this marriage was regarded as a marriage between a white planter and a quadroon girl would now be regarded in Virginia. In history he is known by the honourable surname of Beauclerc; but, in his own time, his own countrymen called him by a Saxon nickname, in contemptuous allusion to his Saxon connection.

Had the Plantagenets, as at one time seemed likely, succeeded in uniting all France under their government, it is probable that England would never have had an independent existence. Her princes, her lords, her prelates, would have been men differing in race and language from the artisans and the tillers of the earth. The revenues of her great proprietors would have been spent in festivities and diversions on the banks of the Seine. The noble language of Milton and Burke would have remained a rustic dialect, without a literature, a fixed grammar, or a fixed orthography, and would have been contemptuously abandoned to the use of boors. No man of English extraction would have risen to eminence, except by becoming in speech and habits a Frenchman.

England owes her escape from such calamities to an event which her historians have generally represented as disastrous. Her interest was so directly opposed to the interests of her rulers that she had no hope but in their errors and misfortunes. The talents and even the virtues of her first six French Kings were a curse to her. The follies and vices of the seventh were her salvation. Had John inherited the great qualities of his father, of Henry Beauclerc, or of the Conqueror, nay, had he even possessed the martial courage of Stephen or of Richard, and had the King of France at the same time been as incapable as all the other successors of Hugh Capet had been, the House of Plantagenet must have risen to unrivalled ascendancy in Europe. But, just at this conjuncture, France, for the first time since the death of Charlemagne, was governed by a prince of great firmness and ability. On the other hand England, which, since the battle of Hastings, had been ruled generally by wise statesmen, always by brave soldiers, fell under the dominion of a trifler and a coward. From that moment her prospects brightened. John was driven from Normandy. The Norman nobles were compelled to make their election between the island and the continent. Shut up by the sea with the people whom they had hitherto oppressed and despised, they gradually came to regard England as their country, and the English as their countrymen. The two races, so long hostile, soon found that they had common interests and common enemies. Both were alike aggrieved by the tyranny of a bad king. Both were alike indignant at the favour shown by the court to the natives of Poitou and Aquitaine. The great grandsons of those who had fought under William and the great grandsons of those who had fought under Harold began to draw near to each other in friendship; and the first pledge of their reconciliation was the Great Charter, won by their united exertions, and framed for their common benefit.

Here commences the history of the English nation. The history of the preceding events is the history of wrongs inflicted and sustained by various tribes, which indeed all dwelt on English ground, but which regarded each other with aversion such as has scarcely ever existed between communities separated by physical barriers. For even the mutual animosity of countries at war with each other is languid when compared with the animosity of nations which, morally separated, are yet locally intermingled. In no country has the enmity of race been carried farther than in England. In no country has that enmity been more completely effaced. The stages of the process by which the hostile elements were melted down into one homogeneous mass are not accurately known to us. But it is certain that, when John became King, the distinction between Saxons and Normans was strongly marked, and that before the end of the reign of his grandson it had almost disappeared. In the time of Richard the First, the ordinary imprecation of a Norman gentleman was "May I become an Englishman!" His ordinary form of indignant denial was "Do you take me for an Englishman?" The descendant of such a gentleman a hundred years later was proud of the English name.

The sources of the noblest rivers which spread fertility over continents, and bear richly laden fleets to the sea, are to be sought in wild and barren mountain tracts, incorrectly laid down in maps, and rarely explored by travellers. To such a tract the history of our country during the thirteenth century may not unaptly be compared. Sterile and obscure as is that portion of our annals, it is there that we must seek for the origin of our freedom, our prosperity, and our glory. Then it was that the great English people was formed, that the national character began to exhibit those peculiarities which it has ever since retained, and that our fathers became emphatically islanders, islanders not merely in geographical position, but in their politics, their feelings, and their manners. Then first appeared with distinctness that constitution which has ever since, through all changes, preserved its identity; that constitution of which all the other free constitutions in the world are copies, and which, in spite of some defects, deserves to be regarded as the best under which any great society has ever yet existed during many ages. Then it was that the House of Commons, the archetype of all the representative assemblies which now meet, either in the old or in the new world, held its first sittings. Then it was that the common law rose to the dignity of a science, and rapidly became a not unworthy rival of the imperial jurisprudence. Then it was that the courage of those sailors who manned the rude barks of the Cinque Ports first made the flag of England terrible on the seas. Then it was that the most ancient colleges which still exist at both the great national seats of learning were founded. Then was formed that language, less musical indeed than the languages of the south, but in force, in richness, in aptitude for all the highest purposes of the poet, the philosopher, and the orator, inferior to the tongue of Greece alone. Then too appeared the first faint dawn of that noble literature, the most splendid and the most durable of the many glories of England.

Early in the fourteenth century the amalgamation of the races was all but complete; and it was soon made manifest, by signs not to be mistaken, that a people inferior to none existing in the world had been formed by the mixture of three branches of the great Teutonic family with each other, and with the aboriginal Britons. There was, indeed, scarcely anything in common between the England to which John had been chased by Philip Augustus, and the England from which the armies of Edward the Third went forth to conquer France.

A period of more than a hundred years followed, during which the chief object of the English was to establish, by force of arms, a great empire on the Continent. The claim of Edward to the inheritance occupied by the House of Valois was a claim in which it might seem that his subjects were little interested. But the passion for conquest spread fast from the prince to the people. The war differed widely from the wars which the Plantagenets of the twelfth century had waged against the descendants of Hugh Capet. For the success of Henry the Second, or of Richard the First, would have made England a province of France. The effect of the successes of Edward the Third and Henry the Fifth was to make France, for a time, a province of England. The disdain with which, in the twelfth century, the conquerors from the Continent had regarded the islanders, was now retorted by the islanders on the people of the Continent. Every yeoman from Kent to Northumberland valued himself as one of a race born for victory and dominion, and looked down with scorn on the nation before which his ancestors had trembled. Even those knights of Gascony and Guienne who had fought gallantly under the Black Prince were regarded by the English as men of an inferior breed, and were contemptuously excluded from honourable and lucrative commands. In no long time our ancestors altogether lost sight of the original ground of quarrel. They began to consider the crown of France as a mere appendage to the crown of England; and, when in violation of the ordinary law of succession, they transferred the crown of England to the House of Lancaster, they seem to have thought that the right of Richard the Second to the crown of France passed, as of course, to that house. The zeal and vigour which they displayed present a remarkable contrast to the torpor of the French, who were far more deeply interested in the event of the struggle. The most splendid victories recorded in the history of the middle ages were gained at this time, against great odds, by the English armies. Victories indeed they were of which a nation may justly be proud; for they are to be attributed to the moral superiority of the victors, a superiority which was most striking in the lowest ranks. The knights of England found worthy rivals in the knights of France. Chandos encountered an equal foe in Du Guesclin. But France had no infantry that dared to face the English bows and bills. A French King was brought prisoner to London. An English King was crowned at Paris. The banner of St. George was carried far beyond the Pyrenees and the Alps. On the south of the Ebro the English won a great battle, which for a time decided the fate of Leon and Castile; and the English Companies obtained a terrible preeminence among the bands of warriors who let out their weapons for hire to the princes and commonwealths of Italy.

Nor were the arts of peace neglected by our fathers during that stirring period. While France was wasted by war, till she at length found in her own desolation a miserable defence against invaders, the English gathered in their harvests, adorned their cities, pleaded, traded, and studied in security. Many of our noblest architectural monuments belong to that age. Then rose the fair chapels of New College and of Saint George, the nave of Winchester and the choir of York, the spire of Salisbury and the majestic towers of Lincoln. A copious and forcible language, formed by an infusion of French into German, was now the common property of the aristocracy and of the people. Nor was it long before genius began to apply that admirable machine to worthy purposes. While English warriors, leaving behind them the devastated provinces of France, entered Valladolid in triumph, and spread terror to the gates of Florence, English poets depicted in vivid tints all the wide variety of human manners and fortunes, and English thinkers aspired to know, or dared to doubt, where bigots had been content to wonder and to believe. The same age which produced the Black Prince and Derby, Chandos and Hawkwood, produced also Geoffrey Chaucer and John Wycliffe.

In so splendid and imperial a manner did the English people, properly so called, first take place among the nations of the world. Yet while we contemplate with pleasure the high and commanding qualities which our forefathers displayed, we cannot but admit that the end which they pursued was an end condemned both by humanity and by enlightened policy, and that the reverses which compelled them, after a long and bloody struggle, to relinquish the hope of establishing a great continental empire, were really blessings in the guise of disasters. The spirit of the French was at last aroused: they began to oppose a vigorous national resistance to the foreign conquerors; and from that time the skill of the English captains and the courage of the English soldiers were, happily for mankind, exerted in vain. After many desperate struggles, and with many bitter regrets, our ancestors gave up the contest. Since that age no British government has ever seriously and steadily pursued the design of making great conquests on the Continent. The people, indeed, continued to cherish with pride the recollection of Cressy, of Poitiers, and of Agincourt. Even after the lapse of many years it was easy to fire their blood and to draw forth their subsidies by promising them an expedition for the conquest of France. But happily the energies of our country have been directed to better objects; and she now occupies in the history of mankind a place far more glorious than if she had, as at one time seemed not improbable, acquired by the sword an ascendancy similar to that which formerly belonged to the Roman republic.

Cooped up once more within the limits of the island, the warlike people employed in civil strife those arms which had been the terror of Europe. The means of profuse expenditure had long been drawn by the English barons from the oppressed provinces of France. That source of supply was gone: but the ostentatious and luxurious habits which prosperity had engendered still remained; and the great lords, unable to gratify their tastes by plundering the French, were eager to plunder each other. The realm to which they were now confined would not, in the phrase of Comines, the most judicious observer of that time, suffice for them all. Two aristocratical factions, headed by two branches of the royal family, engaged in a long and fierce struggle for supremacy. As the animosity of those factions did not really arise from the dispute about the succession it lasted long after all ground of dispute about the succession was removed. The party of the Red Rose survived the last prince who claimed the crown in right of Henry the Fourth. The party of the White Rose survived the marriage of Richmond and Elizabeth. Left without chiefs who had any decent show of right, the adherents of Lancaster rallied round a line of bastards, and the adherents of York set up a succession of impostors. When, at length, many aspiring nobles had perished on the field of battle or by the hands of the executioner, when many illustrious houses had disappeared forever from history, when those great families which remained had been exhausted and sobered by calamities, it was universally acknowledged that the claims of all the contending Plantagenets were united in the house of Tudor.

Meanwhile a change was proceeding infinitely more momentous than the acquisition or loss of any province, than the rise or fall of any dynasty. Slavery and the evils by which slavery is everywhere accompanied were fast disappearing.

It is remarkable that the two greatest and most salutary social revolutions which have taken place in England, that revolution which, in the thirteenth century, put an end to the tyranny of nation over nation, and that revolution which, a few generations later, put an end to the property of man in man, were silently and imperceptibly effected. They struck contemporary observers with no surprise, and have received from historians a very scanty measure of attention. They were brought about neither by legislative regulations nor by physical force. Moral causes noiselessly effaced first the distinction between Norman and Saxon, and then the distinction between master and slave. None can venture to fix the precise moment at which either distinction ceased. Some faint traces of the old Norman feeling might perhaps have been found late in the fourteenth century. Some faint traces of the institution of villenage were detected by the curious so late as the days of the Stuarts; nor has that institution ever, to this hour, been abolished by statute.

It would be most unjust not to acknowledge that the chief agent in these two great deliverances was religion; and it may perhaps be doubted whether a purer religion might not have been found a less efficient agent. The benevolent spirit of the Christian morality is undoubtedly adverse to distinctions of caste. But to the Church of Rome such distinctions are peculiarly odious; for they are incompatible with other distinctions which are essential to her system. She ascribes to every priest a mysterious dignity which entitles him to the reverence of every layman; and she does not consider any man as disqualified, by reason of his nation or of his family, for the priesthood. Her doctrines respecting the sacerdotal character, however erroneous they may be, have repeatedly mitigated some of the worst evils which can afflict society. That superstition cannot be regarded as unmixedly noxious which, in regions cursed by the tyranny of race over race, creates an aristocracy altogether independent of race, inverts the relation between the oppressor and the oppressed, and compels the hereditary master to kneel before the spiritual tribunal of the hereditary bondman. To this day, in some countries where negro slavery exists, Popery appears in advantageous contrast to other forms of Christianity. It is notorious that the antipathy between the European and African races is by no means so strong at Rio Janerio as at Washington. In our own country this peculiarity of the Roman Catholic system produced, during the middle ages, many salutary effects. It is true that, shortly after the battle of Hastings, Saxon prelates and abbots were violently deposed, and that ecclesiastical adventurers from the Continent were intruded by hundreds into lucrative benefices. Yet even then pious divines of Norman blood raised their voices against such a violation of the constitution of the Church, refused to accept mitres from the hands of William, and charged him, on the peril of his soul, not to forget that the vanquished islanders were his fellow Christians. The first protector whom the English found among the dominant caste was Archbishop Anselm. At a time when the English name was a reproach, and when all the civil and military dignities of the kingdom were supposed to belong exclusively to the countrymen of the Conqueror, the despised race learned, with transports of delight, that one of themselves, Nicholas Breakspear, had been elevated to the papal throne, and had held out his foot to be kissed by ambassadors sprung from the noblest houses of Normandy. It was a national as well as a religious feeling that drew great multitudes to the shrine of Becket, whom they regarded as the enemy of their enemies. Whether he was a Norman or a Saxon may be doubted: but there is no doubt that he perished by Norman hands, and that the Saxons cherished his memory with peculiar tenderness and veneration, and, in their popular poetry, represented him as one of their own race. A successor of Becket was foremost among the refractory magnates who obtained that charter which secured the privileges both of the Norman barons and of the Saxon yeomanry. How great a part the Roman Catholic ecclesiastics subsequently had in the abolition of villenage we learn from the unexceptionable testimony of Sir Thomas Smith, one of the ablest Protestant counsellors of Elizabeth. When the dying slaveholder asked for the last sacraments, his spiritual attendants regularly adjured him, as he loved his soul, to emancipate his brethren for whom Christ had died. So successfully had the Church used her formidable machinery that, before the Reformation came, she had enfranchised almost all the bondmen in the kingdom except her own, who, to do her justice, seem to have been very tenderly treated.

There can be no doubt that, when these two great revolutions had been effected, our forefathers were by far the best governed people in Europe. During three hundred years the social system had been in a constant course of improvement. Under the first Plantagenets there had been barons able to bid defiance to the sovereign, and peasants degraded to the level of the swine and oxen which they tended. The exorbitant power of the baron had been gradually reduced. The condition of the peasant had been gradually elevated. Between the aristocracy and the working people had sprung up a middle class, agricultural and commercial. There was still, it may be, more inequality than is favourable to the happiness and virtue of our species: but no man was altogether above the restraints of law; and no man was altogether below its protection.

That the political institutions of England were, at this early period, regarded by the English with pride and affection, and by the most enlightened men of neighbouring nations with admiration and envy, is proved by the clearest evidence. But touching the nature of these institutions there has been much dishonest and acrimonious controversy.

The historical literature of England has indeed suffered grievously from a circumstance which has not a little contributed to her prosperity. The change, great as it is, which her polity has undergone during the last six centuries, has been the effect of gradual development, not of demolition and reconstruction. The present constitution of our country is, to the constitution under which she flourished five hundred years ago, what the tree is to the sapling, what the man is to the boy. The alteration has been great. Yet there never was a moment at which the chief part of what existed was not old. A polity thus formed must abound in anomalies. But for the evils arising from mere anomalies we have ample compensation. Other societies possess written constitutions more symmetrical. But no other society has yet succeeded in uniting revolution with prescription, progress with stability, the energy of youth with the majesty of immemorial antiquity.

This great blessing, however, has its drawbacks: and one of those drawbacks is that every source of information as to our early history has been poisoned by party spirit. As there is no country where statesmen have been so much under the influence of the past, so there is no country where historians have been so much under the influence of the present. Between these two things, indeed, there is a natural connection. Where history is regarded merely as a picture of life and manners, or as a collection of experiments from which general maxims of civil wisdom may be drawn, a writer lies under no very pressing temptation to misrepresent transactions of ancient date. But where history is regarded as a repository of titledeeds, on which the rights of governments and nations depend, the motive to falsification becomes almost irresistible. A Frenchman is not now impelled by any strong interest either to exaggerate or to underrate the power of the Kings of the house of Valois. The privileges of the States General, of the States of Britanny, of the States of Burgundy, are to him matters of as little practical importance as the constitution of the Jewish Sanhedrim or of the Amphictyonic Council. The gulph of a great revolution completely separates the new from the old system. No such chasm divides the existence of the English nation into two distinct parts. Our laws and customs have never been lost in general and irreparable ruin. With us the precedents of the middle ages are still valid precedents, and are still cited, on the gravest occasions, by the most eminent Statesmen. For example, when King George the Third was attacked by the malady which made him incapable of performing his regal functions, and when the most distinguished lawyers and politicians differed widely as to the course which ought, in such circumstances, to be pursued, the Houses of Parliament would not proceed to discuss any plan of regency till all the precedents which were to be found in our annals, from the earliest times, had been collected and arranged. Committees were appointed to examine the ancient records of the realm. The first case reported was that of the year 1217: much importance was attached to the cases of 1326, of 1377, and of 1422: but the case which was justly considered as most in point was that of 1455. Thus in our country the dearest interests of parties have frequently been on the results of the researches of antiquaries. The inevitable consequence was that our antiquaries conducted their researches in the spirit of partisans.

It is therefore not surprising that those who have written, concerning the limits of prerogative and liberty in the old polity of England should generally have shown the temper, not of judges, but of angry and uncandid advocates. For they were discussing, not a speculative matter, but a matter which had a direct and practical connection with the most momentous and exciting disputes of their own day. From the commencement of the long contest between the Parliament and the Stuarts down to the time when the pretensions of the Stuarts ceased to be formidable, few questions were practically more important than the question whether the administration of that family had or had not been in accordance with the ancient constitution of the kingdom. This question could be decided only by reference to the records of preceding reigns. Bracton and Fleta, the Mirror of Justice and the Rolls of Parliament, were ransacked to find pretexts for the excesses of the Star Chamber on one side, and of the High Court of Justice on the other. During a long course of years every Whig historian was anxious to prove that the old English government was all but republican, every Tory historian to prove that it was all but despotic.

With such feelings, both parties looked into the chronicles of the middle ages. Both readily found what they sought; and both obstinately refused to see anything but what they sought. The champions of the Stuarts could easily point out instances of oppression exercised on the subject. The defenders of the Roundheads could as easily produce instances of determined and successful resistance offered to the Crown. The Tories quoted, from ancient writings, expressions almost as servile as were heard from the pulpit of Mainwaring. The Whigs discovered expressions as bold and severe as any that resounded from the judgment seat of Bradshaw. One set of writers adduced numerous instances in which Kings had extorted money without the authority of Parliament. Another set cited cases in which the Parliament had assumed to itself the power of inflicting punishment on Kings. Those who saw only one half of the evidence would have concluded that the Plantagenets were as absolute as the Sultans of Turkey: those who saw only the other half would have concluded that the Plantagenets had as little real power as the Doges of Venice; and both conclusions would have been equally remote from the truth.

The old English government was one of a class of limited monarchies which sprang up in Western Europe during the middle ages, and which, notwithstanding many diversities, bore to one another a strong family likeness. That there should have been such a likeness is not strange The countries in which those monarchies arose had been provinces of the same great civilised empire, and had been overrun and conquered, about the same time, by tribes of the same rude and warlike nation. They were members of the same great coalition against Islam. They were in communion with the same superb and ambitious Church. Their polity naturally took the same form. They had institutions derived partly from imperial Rome, partly from papal Rome, partly from the old Germany. All had Kings; and in all the kingly office became by degrees strictly hereditary. All had nobles bearing titles which had originally indicated military rank. The dignity of knighthood, the rules of heraldry, were common to all. All had richly endowed ecclesiastical establishments, municipal corporations enjoying large franchises, and senates whose consent was necessary to the validity of some public acts.

Of these kindred constitutions the English was, from an early period, justly reputed the best. The prerogatives of the sovereign were undoubtedly extensive. The spirit of religion and the spirit of chivalry concurred to exalt his dignity. The sacred oil had been poured on his head. It was no disparagement to the bravest and noblest knights to kneel at his feet. His person was inviolable. He alone was entitled to convoke the Estates of the realm: he could at his pleasure dismiss them; and his assent was necessary to all their legislative acts. He was the chief of the executive administration, the sole organ of communication with foreign powers, the captain of the military and naval forces of the state, the fountain of justice, of mercy, and of honour. He had large powers for the regulation of trade. It was by him that money was coined, that weights and measures were fixed, that marts and havens were appointed. His ecclesiastical patronage was immense. His hereditary revenues, economically administered, sufficed to meet the ordinary charges of government. His own domains were of vast extent. He was also feudal lord paramount of the whole soil of his kingdom, and, in that capacity, possessed many lucrative and many formidable rights, which enabled him to annoy and depress those who thwarted him, and to enrich and aggrandise, without any cost to himself, those who enjoyed his favour.

But his power, though ample, was limited by three great constitutional principles, so ancient that none can say when they began to exist, so potent that their natural development, continued through many generations, has produced the order of things under which we now live.

First, the King could not legislate without the consent of his Parliament. Secondly, he could impose no tax without the consent of his Parliament. Thirdly, he was bound to conduct the executive administration according to the laws of the land, and, if he broke those laws, his advisers and his agents were responsible.

No candid Tory will deny that these principles had, five hundred years ago, acquired the authority of fundamental rules. On the other hand, no candid Whig will affirm that they were, till a later period, cleared from all ambiguity, or followed out to all their consequences. A constitution of the middle ages was not, like a constitution of the eighteenth or nineteenth century, created entire by a single act, and fully set forth in a single document. It is only in a refined and speculative age that a polity is constructed on system. In rude societies the progress of government resembles the progress of language and of versification. Rude societies have language, and often copious and energetic language: but they have no scientific grammar, no definitions of nouns and verbs, no names for declensions, moods, tenses, and voices. Rude societies have versification, and often versification of great power and sweetness: but they have no metrical canons; and the minstrel whose numbers, regulated solely by his ear, are the delight of his audience, would himself be unable to say of how many dactyls and trochees each of his lines consists. As eloquence exists before syntax, and song before prosody, so government may exist in a high degree of excellence long before the limits of legislative, executive, and judicial power have been traced with precision.

It was thus in our country. The line which bounded the royal prerogative, though in general sufficiently clear, had not everywhere been drawn with accuracy and distinctness. There was, therefore, near the border some debatable ground on which incursions and reprisals continued to take place, till, after ages of strife, plain and durable landmarks were at length set up. It may be instructive to note in what way, and to what extent, our ancient sovereigns were in the habit of violating the three great principles by which the liberties of the nation were protected.

No English King has ever laid claim to the general legislative power. The most violent and imperious Plantagenet never fancied himself competent to enact, without the consent of his great council, that a jury should consist of ten persons instead of twelve, that a widow's dower should be a fourth part instead of a third, that perjury should be a felony, or that the custom of gavelkind should be introduced into Yorkshire. [2] But the King had the power of pardoning offenders; and there is one point at which the power of pardoning and the power of legislating seem to fade into each other, and may easily, at least in a simple age, be confounded. A penal statute is virtually annulled if the penalties which it imposes are regularly remitted as often as they are incurred. The sovereign was undoubtedly competent to remit penalties without limit. He was therefore competent to annul virtually a penal statute. It might seem that there could be no serious objection to his doing formally what he might do virtually. Thus, with the help of subtle and courtly lawyers, grew up, on the doubtful frontier which separates executive from legislative functions, that great anomaly known as the dispensing power.

That the King could not impose taxes without the consent of Parliament is admitted to have been, from time immemorial, a fundamental law of England. It was among the articles which John was compelled by the Barons to sign. Edward the First ventured to break through the rule: but, able, powerful, and popular as he was, he encountered an opposition to which he found it expedient to yield. He covenanted accordingly in express terms, for himself and his heirs, that they would never again levy any aid without the assent and goodwill of the Estates of the realm. His powerful and victorious grandson attempted to violate this solemn compact: but the attempt was strenuously withstood. At length the Plantagenets gave up the point in despair: but, though they ceased to infringe the law openly, they occasionally contrived, by evading it, to procure an extraordinary supply for a temporary purpose. They were interdicted from taxing; but they claimed the right of begging and borrowing. They therefore sometimes begged in a tone not easily to be distinguished from that of command, and sometimes borrowed with small thought of repaying. But the fact that they thought it necessary to disguise their exactions under the names of benevolences and loans sufficiently proves that the authority of the great constitutional rule was universally recognised.

The principle that the King of England was bound to conduct the administration according to law, and that, if he did anything against law, his advisers and agents were answerable, was established at a very early period, as the severe judgments pronounced and executed on many royal favourites sufficiently prove. It is, however, certain that the rights of individuals were often violated by the Plantagenets, and that the injured parties were often unable to obtain redress. According to law no Englishman could be arrested or detained in confinement merely by the mandate of the sovereign. In fact, persons obnoxious to the government were frequently imprisoned without any other authority than a royal order. According to law, torture, the disgrace of the Roman jurisprudence, could not, in any circumstances, be inflicted on an English subject. Nevertheless, during the troubles of the fifteenth century, a rack was introduced into the Tower, and was occasionally used under the plea of political necessity. But it would be a great error to infer from such irregularities that the English monarchs were, either in theory or in practice, absolute. We live in a highly civilised society, through which intelligence is so rapidly diffused by means of the press and of the post office that any gross act of oppression committed in any part of our island is, in a few hours, discussed by millions. If the sovereign were now to immure a subject in defiance of the writ of Habeas Corpus, or to put a conspirator to the torture, the whole nation would be instantly electrified by the news. In the middle ages the state of society was widely different. Rarely and with great difficulty did the wrongs of individuals come to the knowledge of the public. A man might be illegally confined during many months in the castle of Carlisle or Norwich; and no whisper of the transaction might reach London. It is highly probable that the rack had been many years in use before the great majority of the nation had the least suspicion that it was ever employed. Nor were our ancestors by any means so much alive as we are to the importance of maintaining great general rules. We have been taught by long experience that we cannot without danger suffer any breach of the constitution to pass unnoticed. It is therefore now universally held that a government which unnecessarily exceeds its powers ought to be visited with severe parliamentary censure, and that a government which, under the pressure of a great exigency, and with pure intentions, has exceeded its powers, ought without delay to apply to Parliament for an act of indemnity. But such were not the feelings of the Englishmen of the fourteenth and fifteenth centuries. They were little disposed to contend for a principle merely as a principle, or to cry out against an irregularity which was not also felt to be a grievance. As long as the general spirit of the administration was mild and popular, they were willing to allow some latitude to their sovereign. If, for ends generally acknowledged to be good, he exerted a vigour beyond the law, they not only forgave, but applauded him, and while they enjoyed security and prosperity under his rule, were but too ready to believe that whoever had incurred his displeasure had deserved it. But to this indulgence there was a limit; nor was that King wise who presumed far on the forbearance of the English people. They might sometimes allow him to overstep the constitutional line: but they also claimed the privilege of overstepping that line themselves, whenever his encroachments were so serious as to excite alarm. If, not content with occasionally oppressing individuals, he cared to oppress great masses, his subjects promptly appealed to the laws, and, that appeal failing, appealed as promptly to the God of battles.

Our forefathers might indeed safely tolerate a king in a few excesses; for they had in reserve a check which soon brought the fiercest and proudest king to reason, the check of physical force. It is difficult for an Englishman of the nineteenth century to imagine to himself the facility and rapidity with which, four hundred years ago, this check was applied. The people have long unlearned the use of arms. The art of war has been carried to a perfection unknown to former ages; and the knowledge of that art is confined to a particular class. A hundred thousand soldiers, well disciplined and commanded, will keep down ten millions of ploughmen and artisans. A few regiments of household troops are sufficient to overawe all the discontented spirits of a large capital. In the meantime the effect of the constant progress of wealth has been to make insurrection far more terrible to thinking men than maladministration. Immense sums have been expended on works which, if a rebellion broke out, might perish in a few hours. The mass of movable wealth collected in the shops and warehouses of London alone exceeds five hundredfold that which the whole island contained in the days of the Plantagenets; and, if the government were subverted by physical force, all this movable wealth would be exposed to imminent risk of spoliation and destruction. Still greater would be the risk to public credit, on which thousands of families directly depend for subsistence, and with which the credit of the whole commercial world is inseparably connected. It is no exaggeration to say that a civil war of a week on English ground would now produce disasters which would be felt from the Hoang-ho to the Missouri, and of which the traces would be discernible at the distance of a century. In such a state of society resistance must be regarded as a cure more desperate than almost any malady which can afflict the state. In the middle ages, on the contrary, resistance was an ordinary remedy for political distempers, a remedy which was always at hand, and which, though doubtless sharp at the moment, produced no deep or lasting ill effects. If a popular chief raised his standard in a popular cause, an irregular army could be assembled in a day. Regular army there was none. Every man had a slight tincture of soldiership, and scarcely any man more than a slight tincture. The national wealth consisted chiefly in flocks and herds, in the harvest of the year, and in the simple buildings inhabited by the people. All the furniture, the stock of shops, the machinery which could be found in the realm was of less value than the property which some single parishes now contain. Manufactures were rude; credit was almost unknown. Society, therefore, recovered from the shock as soon as the actual conflict was over. The calamities of civil war were confined to the slaughter on the field of battle, and to a few subsequent executions and confiscations. In a week the peasant was driving his team and the esquire flying his hawks over the field of Towton or of Bosworth, as if no extraordinary event had interrupted the regular course of human life.

More than a hundred and sixty years have now elapsed since the English people have by force subverted a government. During the hundred and sixty years which preceded the union of the Roses, nine Kings reigned in England. Six of these nine Kings were deposed. Five lost their lives as well as their crowns. It is evident, therefore, that any comparison between our ancient and our modern polity must lead to most erroneous conclusions, unless large allowance be made for the effect of that restraint which resistance and the fear of resistance constantly imposed on the Plantagenets. As our ancestors had against tyranny a most important security which we want, they might safely dispense with some securities to which we justly attach the highest importance. As we cannot, without the risk of evils from which the imagination recoils, employ physical force as a check on misgovernment, it is evidently our wisdom to keep all the constitutional checks on misgovernment in the highest state of efficiency, to watch with jealousy the first beginnings of encroachment, and never to suffer irregularities, even when harmless in themselves, to pass unchallenged, lest they acquire the force of precedents. Four hundred years ago such minute vigilance might well seem unnecessary. A nation of hardy archers and spearmen might, with small risk to its liberties, connive at some illegal acts on the part of a prince whose general administration was good, and whose throne was not defended by a single company of regular soldiers.

Under this system, rude as it may appear when compared with those elaborate constitutions of which the last seventy years have been fruitful, the English long enjoyed a large measure of freedom and happiness. Though, during the feeble reign of Henry the Sixth, the state was torn, first by factions, and at length by civil war; though Edward the Fourth was a prince of dissolute and imperious character; though Richard the Third has generally been represented as a monster of depravity; though the exactions of Henry the Seventh caused great repining; it is certain that our ancestors, under those Kings, were far better governed than the Belgians under Philip, surnamed the Good, or the French under that Lewis who was styled the Father of his people. Even while the wars of the Roses were actually raging, our country appears to have been in a happier condition than the neighbouring realms during years of profound peace. Comines was one of the most enlightened statesmen of his time. He had seen all the richest and most highly civilised parts of the Continent. He had lived in the opulent towns of Flanders, the Manchesters and Liverpools of the fifteenth century. He had visited Florence, recently adorned by the magnificence of Lorenzo, and Venice, not yet bumbled by the Confederates of Cambray. This eminent man deliberately pronounced England to be the best governed country of which he had any knowledge. Her constitution he emphatically designated as a just and holy thing, which, while it protected the people, really strengthened the hands of a prince who respected it. In no other country were men so effectually secured from wrong. The calamities produced by our intestine wars seemed to him to be confined to the nobles and the fighting men, and to leave no traces such as he had been accustomed to see elsewhere, no ruined dwellings, no depopulated cities.

It was not only by the efficiency of the restraints imposed on the royal prerogative that England was advantageously distinguished from most of the neighbouring countries. A: peculiarity equally important, though less noticed, was the relation in which the nobility stood here to the commonalty. There was a strong hereditary aristocracy: but it was of all hereditary aristocracies the least insolent and exclusive. It had none of the invidious character of a caste. It was constantly receiving members from the people, and constantly sending down members to mingle with the people. Any gentleman might become a peer. The younger son of a peer was but a gentleman. Grandsons of peers yielded precedence to newly made knights. The dignity of knighthood was not beyond the reach of any man who could by diligence and thrift realise a good estate, or who could attract notice by his valour in a battle or a siege. It was regarded as no disparagement for the daughter of a Duke, nay of a royal Duke, to espouse a distinguished commoner. Thus, Sir John Howard married the daughter of Thomas Mowbray Duke of Norfolk. Sir Richard Pole married the Countess of Salisbury, daughter of George, Duke of Clarence. Good blood was indeed held in high respect: but between good blood and the privileges of peerage there was, most fortunately for our country, no necessary connection. Pedigrees as long, and scutcheons as old, were to be found out of the House of Lords as in it. There were new men who bore the highest titles. There were untitled men well known to be descended from knights who had broken the Saxon ranks at Hastings, and scaled the walls of Jerusalem. There were Bohuns, Mowbrays, DeVeres, nay, kinsmen of the House of Plantagenet, with no higher addition than that of Esquire, and with no civil privileges beyond those enjoyed by every farmer and shopkeeper. There was therefore here no line like that which in some other countries divided the patrician from the plebeian. The yeoman was not inclined to murmur at dignities to which his own children might rise. The grandee was not inclined to insult a class into which his own children must descend.

After the wars of York and Lancaster, the links which connected the nobility and commonalty became closer and more numerous than ever. The extent of destruction which had fallen on the old aristocracy may be inferred from a single circumstance. In the year 1451 Henry the Sixth summoned fifty-three temporal Lords to parliament. The temporal Lords summoned by Henry the Seventh to the parliament of 1485 were only twenty-nine, and of these several had recently been elevated to the peerage. During the following century the ranks of the nobility were largely recruited from among the gentry. The constitution of the House of Commons tended greatly to promote the salutary intermixture of classes. The knight of the shire was the connecting link between the baron and the shopkeeper. On the same benches on which sate the goldsmiths, drapers, and grocers, who had been returned to parliament by the commercial towns, sate also members who, in any other country, would have been called noblemen, hereditary lords of manors, entitled to hold courts and to bear coat armour, and able to trace back an honourable descent through many generations. Some of them were younger sons and brothers of lords. Others could boast of even royal blood. At length the eldest son of an Earl of Bedford, called in courtesy by the second title of his father, offered himself as candidate for a seat in the House of Commons, and his example was followed by others. Seated in that house, the heirs of the great peers naturally became as zealous for its privileges as any of the humble burgesses with whom they were mingled. Thus our democracy was, from an early period, the most aristocratic, and our aristocracy the most democratic in the world; a peculiarity which has lasted down to the present day, and which has produced many important moral and political effects.

The government of Henry the Seventh, of his son, and of his grandchildren was, on the whole, more arbitrary than that of the Plantagenets. Personal character may in some degree explain the difference; for courage and force of will were common to all the men and women of the House of Tudor. They exercised their power during a period of a hundred and twenty years, always with vigour, often with violence, sometimes with cruelty. They, in imitation of the dynasty which had preceded them, occasionally invaded the rights of the subject, occasionally exacted taxes under the name of loans and gifts, and occasionally dispensed with penal statutes: nay, though they never presumed to enact any permanent law by their own authority, they occasionally took upon themselves, when Parliament was not sitting, to meet temporary exigencies by temporary edicts. It was, however, impossible for the Tudors to carry oppression beyond a certain point: for they had no armed force, and they were surrounded by an armed people. Their palace was guarded by a few domestics, whom the array of a single shire, or of a single ward of London, could with ease have overpowered. These haughty princes were therefore under a restraint stronger than any that mere law can impose, under a restraint which did not, indeed, prevent them from sometimes treating an individual in an arbitrary and even in a barbarous manner, but which effectually secured the nation against general and long continued oppression. They might safely be tyrants, within the precinct of the court: but it was necessary for them to watch with constant anxiety the temper of the country. Henry the Eighth, for example, encountered no opposition when he wished to send Buckingham and Surrey, Anne Boleyn and Lady Salisbury, to the scaffold. But when, without the consent of Parliament, he demanded of his subjects a contribution amounting to one sixth of their goods, he soon found it necessary to retract. The cry of hundreds of thousands was that they were English and not French, freemen and not slaves. In Kent the royal commissioners fled for their lives. In Suffolk four thousand men appeared in arms. The King's lieutenants in that county vainly exerted themselves to raise an army. Those who did not join in the insurrection declared that they would not fight against their brethren in such a quarrel. Henry, proud and selfwilled as he was, shrank, not without reason from a conflict with the roused spirit of the nation. He had before his eyes the fate of his predecessors who had perished at Berkeley and Pomfret. He not only cancelled his illegal commissions; he not only granted a general pardon to all the malecontents; but he publicly and solemnly apologised for his infraction of the laws.