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.
