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قراءة كتاب Critical and Historical Essays — Volume 1

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‏اللغة: English
Critical and Historical Essays — Volume 1

Critical and Historical Essays — Volume 1

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دار النشر: Project Gutenberg
الصفحة رقم: 9

Scotland has had a Presbyterian establishment during a century and a half. Yet her General Assembly has not, during that period, given half so much trouble to the government as the Convocation of the Church of England gave during the thirty years which followed the Revolution. That James and Charles should have been mistaken in this point is not surprising. But we are astonished, we must confess, that men of our own time, men who have before them the proof of what toleration can effect, men who may see with their own eyes that the Presbyterians are no such monsters when government is wise enough to let them alone, should defend the persecutions of the sixteenth and seventeenth centuries as indispensable to the safety of the church and the throne.

How persecution protects churches and thrones was soon made manifest. A systematic political opposition, vehement, daring, and inflexible, sprang from a schism about trifles, altogether unconnected with the real interests of religion or of the state. Before the close of the reign of Elizabeth this opposition began to show itself. It broke forth on the question of the monopolies. Even the imperial Lioness was compelled to abandon her prey, and slowly and fiercely to recede before the assailants. The spirit of liberty grew with the growing wealth and intelligence of the people. The feeble struggles and insults of James irritated instead of suppressing it; and the events which immediately followed the accession of his son portended a contest of no common severity, between a king resolved to be absolute, and a people resolved to be free.

The famous proceedings of the third Parliament of Charles, and the tyrannical measures which followed its dissolution, are extremely well described by Mr. Hallam. No writer, we think, has shown, in so clear and satisfactory a manner, that the Government then entertained a fixed purpose of destroying the old parliamentary constitution of England, or at least of reducing it to a mere shadow. We hasten, however, to a part of his work which, though it abounds in valuable information and in remarks well deserving to be attentively considered, and though it is, like the rest, evidently written in a spirit of perfect impartiality, appears to us, in many points, objectionable.

We pass to the year 1640. The fate of the short Parliament held in that year clearly indicated the views of the king. That a Parliament so moderate in feeling should have met after so many years of oppression is truly wonderful. Hyde extols its loyal and conciliatory spirit. Its conduct, we are told, made the excellent Falkland in love with the very name of Parliament. We think, indeed, with Oliver St. John, that its moderation was carried too far, and that the times required sharper and more decided councils. It was fortunate, however, that the king had another opportunity of showing that hatred of the liberties of his subjects which was the ruling principle of all his conduct. The sole crime of the Commons was that, meeting after a long intermission of parliaments, and after a long series of cruelties and illegal imposts, they seemed inclined to examine grievances before they would vote supplies. For this insolence they were dissolved almost as soon as they met.

Defeat, universal agitation, financial embarrassments, disorganisation in every part of the government, compelled Charles again to convene the Houses before the close of the same year. Their meeting was one of the great eras in the history of the civilised world. Whatever of political freedom exists either in Europe or in America has sprung, directly or indirectly, from those institutions which they secured and reformed. We never turn to the annals of those times without feeling increased admiration of the patriotism, the energy, the decision, the consummate wisdom, which marked the measures of that great Parliament, from the day on which it met to the commencement of civil hostilities.

The impeachment of Strafford was the first, and perhaps the greatest blow. The whole conduct of that celebrated man proved that he had formed a deliberate scheme to subvert the fundamental laws of England. Those parts of his correspondence which have been brought to light since his death, place the matter beyond a doubt. One of his admirers has, indeed, offered to show "that the passages which Mr. Hallam has invidiously extracted from the correspondence between Laud and Strafford, as proving their design to introduce a thorough tyranny, refer not to any such design, but to a thorough reform in the affairs of state, and the thorough maintenance of just authority." We will recommend two or three of these passages to the especial notice of our readers.

All who know anything of those times, know that the conduct of Hampden in the affair of the ship-money met with the warm approbation of every respectable Royalist in England. It drew forth the ardent eulogies of the champions of the prerogative and even of the Crown lawyers themselves. Clarendon allows Hampden's demeanour through the whole proceeding to have been such, that even those who watched for an occasion against the defender of the people, were compelled to acknowledge themselves unable to find any fault in him. That he was right in the point of law is now universally admitted. Even had it been otherwise, he had a fair case. Five of the judges, servile as our Courts then were, pronounced in his favour. The majority against him was the smallest possible. In no country retaining the slightest vestige of constitutional liberty can a modest and decent appeal to the laws be treated as a crime. Strafford, however, recommends that, for taking the sense of a legal tribunal on a legal question, Hampden should be punished, and punished severely, "whipt," says the insolent apostate, "whipt into his senses. If the rod," he adds, "be so used that it smarts not, I am the more sorry." This is the maintenance of just authority.

In civilised nations, the most arbitrary governments have generally suffered justice to have a free course in private suits. Stratford wished to make every cause in every court subject to the royal prerogative. He complained that in Ireland he was not permitted to meddle in cases between party and party. "I know very well," says he, "that the common lawyers will be passionately against it, who are wont to put such a prejudice upon all other professions, as if none were to be trusted, or capable to administer justice, but themselves: yet how well this suits with monarchy, when they monopolise all to be governed by their year-books, you in England have a costly example." We are really curious to know by what arguments it is to be proved, that the power of interfering in the law-suits of individuals is part of the just authority of the executive government.

It is not strange that a man so careless of the common civil rights, which even despots have generally respected, should treat with scorn the limitations which the constitution imposes on the royal prerogative. We might quote pages: but we will content ourselves with a single specimen: "The debts of the Crown being taken off, you may govern as you please: and most resolute I am that may be done without borrowing any help forth of the King's lodgings."

Such was the theory of that thorough reform in the state which Strafford meditated. His whole practice, from the day on which he sold himself to the court, was in strict conformity to his theory. For his accomplices various excuses may be urged; ignorance, imbecility, religious bigotry. But Wentworth had no such plea. His intellect was capacious. His early prepossessions were on the side of popular rights. He knew the whole beauty and value of the system which he attempted to deface. He was the first of the Rats, the first of those statesmen whose patriotism has been only the coquetry of political prostitution, and whose profligacy has taught governments to adopt the old maxim of the slave-market, that it is

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