Kitabı oku: «The History of England, from the Accession of James II — Volume 1», sayfa 2

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.