that confusion should speedily have engendered despotism sterner than that from which it had sprung.

Had we been in the same situation; had Strafford succeeded in his favorite scheme of Thorough; had he formed an army as numerous and as well disciplined as that which, a few years later, was formed by Cromwell; had a series of judicial decisions, similar to that which was pronounced by the Exchequer Chamber in the case of ship-money, transferred to the crown the right of taxing the people; had the Star-chamber and the High Commission continued to fine, mutilate, and imprison every man who dared to raise his voice against the government; had the press been as completely enslaved here as at Vienna or at Naples; had our kings gradually drawn to themselves the whole legislative power; had six generations of Englishmen passed away without a single session of Parliament; and had we then at length risen up in some moment of wild excitement against our masters, what an outbreak would that have been! With what a crash, heard and felt to the farthest ends of the world, would the whole vast fabric of society have fallen! How many thousands of exiles, once the most prosperous and the most refined members of this great community, would have begged their bread in Continental cities, or have sheltered their heads under huts of bark in the uncleared forests of America! How often should we have seen the pavement of London piled up in barricades, the houses dinted with bullets, the gutters foaming with blood! How many times should we have rushed wildly from extreme to extreme, sought refuge from anarchy in despotism, and been again driven by despotism into anarchy! How many years of blood and confusion would it have cost us to learn the very rudiments of political science! How many childish theories would have duped us! How many rude and ill-poised constitutions should we have set up, only to see them tumble down! Happy would it have been for us if a sharp discipline of half a century had sufficed to educate us into a capacity of enjoying true freedom.

These calamities our Revolution averted. It was a revolution strictly defensive, and had prescription and legitimacy

on its side. Here, and here only, a limited monarchy of the thirteenth century had come down unimpaired to the seventeenth century. Our parliamentary institutions were in full vigor. The main principles of our government were excellent. They were not, indeed, formally and exactly set forth in a single written instrument; but they were to be found scattered over our ancient and noble statutes; and, what was of far greater moment, they had been engraven on the hearts of Englishmen during four hundred years. That, without the consent of the representatives of the nation, no legislative act could be passed, no tax imposed, no regular soldiery kept up, that no man could be imprisoned, even for a day, by the arbitrary will of the sovereign, that no tool of power could plead the royal command as a justification for violating any right of the humblest subject, were held, both by Whigs and Tories, to be fundamental laws of the realm. A realm of which these were the fundamental laws stood in no need of a new constitution.

But, though a new constitution was not needed, it was plain that changes were required. The misgovernment of the Stuarts, and the troubles which that misgovernment had produced, sufficiently proved that there was somewhere a defect in our polity; and that defect it was the duty of the Convention to discover and supply.

Some questions of great moment were still open to dispute. Our constitution had begun to exist in times when statesmen were not much accustomed to frame exact definitions. Anomalies, therefore, inconsistent with its principles and dangerous to its very existence, had sprung up almost imperceptibly, and, not having, during many years, caused any serious inconvenience, had gradually acquired the force of prescription. The remedy for these evils was to assert the rights of the people in such language as should terminate all controversy, and to declare that no precedent could justify any violation of those rights.

When this had been done, it would be impossible for our rulers to misunderstand the law; but, unless something more were done, it was by no means improbable that they might

violate it. Unhappily the Church had long taught the nation that hereditary monarchy, alone among our institutions, was divine and inviolable; that the right of the House of Commons to a share in the legislative power was a right merely human, but that the right of the king to the obedience of his people was from above; that the Great Charter was a statute which might be repealed by those who had made it, but the rule which called the princes of the blood royal to the throne in order of succession was of celestial origin, and that any act of Parliament inconsistent with that rule was a nullity. It is evident that, in a society in which such superstitions prevail, constitutional freedom must ever be insecure. A power which is regarded merely as the ordinance of man can not be an efficient check on a power which is regarded as the ordinance of God. It is vain to hope that laws, however excellent, will permanently restrain a king who, in his own opinion, and in the opinion of a great part of his people, has an authority infinitely higher in kind than the authority which belongs to those laws. To deprive royalty of these mysterious attributes, and to establish the principle that kings reigned by a right in no respect differing from the right by which freeholders chose knights of the shire, or from the right by which judges granted writs of habeas corpus, was absolutely necessary to the security of our liberties.

Thus the Convention had two great duties to perform. The first was to clear the fundamental laws of the realm from ambiguity. The second was to eradicate from the minds, both of the governors and of the governed, the false and pernicious notion that the royal prerogative was something more sublime and holy than those fundamental laws. The former object was attained by the solemn recital and claim with which the Declaration of Right commences; the latter by the resolution which pronounced the throne vacant, and invited William and Mary to fill it.

The change seems small. Not a single flower of the crown was touched. Not a single new right was given to the people. The whole English law, substantive and adjective, was, in the judgment of all the greatest lawyers, of Holt and Tre

by, of Maynard and Somers, almost exactly the same after the Revolution as before it. Some controverted points had been decided according to the sense of the best jurists; and there had been a slight deviation from the ordinary course of succession. This was all; and this was enough.

As our Revolution was a vindication of ancient rights, so it was conducted with strict attention to ancient formalities. In almost every word and act may be discerned a profound reverence for the past. The Estates of the Realm deliberated in the old halls and according to the old rules. Powle was conducted to his chair between his mover and his seconder with the accustomed forms. The Sergeant with his mace brought up the messengers of the Lords to the table of the Commons; and the three obeisances were duly made. The conference was held with all the antique ceremonial. On one side of the table, in the Painted Chamber, the managers for the Lords sat covered and robed in ermine and gold. The managers for the Commons stood bare-headed on the other side. The speeches present an almost ludicrous contrast to the revolutionary oratory of every other country. Both the English parties agreed in treating with solemn respect the ancient constitutional traditions of the State. The only question was, in what sense those traditions were to be understood. The assertors of liberty said not a word about the natural equality of men and the inalienable sovereignty of the people, about Harmodius or Timoleon, Brutus the elder or Brutus the younger.(') When they were told that, by the English law, the crown, at the moment of a demise, must descend to the next heir, they answered that, by the English law, a living man could have no heir. When they were told that there was no precedent for declaring the throne vacant, they produced from among the records in the Tower a roll of parchment, near three hundred years old, on which, in quaint characters and barbarous Latin, it was recorded that the Es

(1) Harmodius killed the Athenian tyrant Hipparchus. Timoleon set Syracuse free from Dionysius, and defeated and slew other Sicilian tyrants. Brutus the elder probably had a share in expelling the Tarquins; and Brutus the younger undoubtedly assisted in the murder of Julius Cæsar.

tates of the Realm had declared vacant the throne of a perfidious and tyrannical Plantagenet. When at length the dispute had been accommodated, the new sovereigns were proclaimed with the old pageantry. All the fantastic pomp of heraldry was there-Clarencieux and Norroy, Portcullis and Rouge Dragon, the trumpets, the banners, the grotesque coats embroidered with lions and lilies. The title of King of France, assumed by the conqueror of Cressy, was not omitted in the royal style. To us, who have lived in the year 1848, it may seem almost an abuse of terms to call a proceeding, conducted with so much deliberation, with so much sobriety, and with such minute attention to prescriptive etiquette, by the terrible name of Revolution.

sacres.

And yet this revolution, of all revolutions the least violent, has been of all revolutions the most beneficent. It finally decided the great question whether the popular element which had, ever since the age of Fitzwalter and De Montfort, been found in the English polity, should be destroyed by the monarchical element, or should be suffered to develop itself freely, and to become dominant. The strife between the two principles had been long, fierce, and doubtful. It had lasted through four reigns. It had produced seditions, impeachments, rebellions, battles, sieges, proscriptions, judicial masSometimes liberty, sometimes royalty, had seemed to be on the point of perishing. During many years one-half of the energy of England had been employed in counteracting the other half. The executive power and the legislative power had so effectually impeded each other that the State had been of no account in Europe. The king-at-arins, who proclaimed William and Mary before Whitehall Gate, did in truth announce that this great struggle was over; that there was entire union between the throne and the Parliament; that England, long dependent and degraded, was again a power of the first rank; that the ancient laws by which the prerogative was bounded would thenceforth be held as sacred as the prerogative itself, and would be followed out to all their consequences; that the executive administration would be conducted in conformity with the sense of the represent