The History of England, from the Accession of James the Second - Volume 2 - Thomas Babington Macaulay (best ereader for textbooks txt) 📗

/> Both Houses approached bowing low. William and Mary advanced a few steps. Halifax on the right, and Powle on the left, stood forth; and Halifax spoke. The Convention, he said, had agreed to a resolution which he prayed Their Highnesses to hear. They signified their assent; and the clerk of the House of Lords read, in a loud voice, the Declaration of Right. When he had concluded, Halifax, in the name of all the Estates of the Realm, requested the Prince and Princess to accept the crown.

William, in his own name and in that of his wife, answered that the crown was, in their estimation, the more valuable because it was presented to them as a token of the confidence of the nation. "We thankfully accept," he said, "what you have offered us." Then, for himself, he assured them that the laws of England, which he had once already vindicated, should be the rules of his conduct, that it should be his study to promote the welfare of the kingdom, and that, as to the means of doing so, he should constantly recur to the advice of the Houses, and should be disposed to trust their judgment rather than his own.674 These words were received with a shout of joy which was heard in the streets below, and was instantly answered by huzzas from many thousands of voices. The Lords and Commons then reverently retired from the Banqueting House and went in procession to the great gate of Whitehall, where the heralds and pursuivants were waiting in their gorgeous tabards. All the space as far as Charing Cross was one sea of heads. The kettle drums struck up; the trumpets pealed: and Garter King at arms, in a loud voice, proclaimed the Prince and Princess of Orange King and Queen of England, charged all Englishmen to pay, from that moment, faith and true allegiance to the new sovereigns, and besought God, who had already wrought so signal a deliverance for our Church and nation, to bless William and Mary with a long and happy reign.675

Thus was consummated the English Revolution. When we compare it with those revolutions which have, during the last sixty years, overthrown so many ancient governments, we cannot but be struck by its peculiar character. Why that character was so peculiar is sufficiently obvious, and yet seems not to have been always understood either by eulogists or by censors.

The continental revolutions of the eighteenth and nineteenth centuries took place in countries where all trace of the limited monarchy of the middle ages had long been effaced. The right of the prince to make laws and to levy money had, during many generations, been undisputed. His throne was guarded by a great regular army. His administration could not, without extreme peril, be blamed even in the mildest terms. His subjects held their personal liberty by no other tenure than his pleasure. Not a single institution was left which had, within the memory of the oldest man, afforded efficient protection to the subject against the utmost excess of tyranny. Those great councils which had once curbed the regal power had sunk into oblivion. Their composition and their privileges were known only to antiquaries. We cannot wonder, therefore, that, when men who had been thus ruled succeeded in wresting supreme power from a government which they had long in secret hated, they should have been impatient to demolish and unable to construct, that they should have been fascinated by every specious novelty, that they should have proscribed every title, ceremony, and phrase associated with the old system, and that, turning away with disgust from their own national precedents and traditions, they should have sought for principles of government in the writings of theorists, or aped, with ignorant and ungraceful affectation, the patriots of Athens and Rome. As little can we wonder that the violent action of the revolutionary spirit should have been followed by reaction equally violent, and 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 favourite 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 shipmoney, 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 vigour. 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 to 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 that 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 cannot 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 that 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 Treby, of Maynard and Somers, 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 Serjeant 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 of the Lords sate covered and robed in ermine and gold. The managers of the Commons stood bareheaded 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