tion subsided, the serpent again crawled forth, and never ceased to attempt the destruction of liberty; whether by encircling her frail champions within the fatal folds of her corruptions; whether by retaining the poison-shedding tongues of learned slaves to help packed juries to pretended law; or by openly shedding freemen's blood, in modes known only to military governments. 62. But indeed, whatever be the forms of legislation, of magistracy, or administration, a government is in fact civil and free, or military and despotic, according to its last resort for carrying its law into execution. For deciding that question, this is the sure criterion. If it be a civil government, its civil power, (as we see in the constitutional County power of England) will be resistless; but when the civil power of a government once free have, by treachery, been undermined and brought into decay, so as to have lost its force and energy for ultimately supporting the law, and a last resort to military force is become necessary, then it is assuredly become a military government. 63. In the great work undertaken at the time of the Revolution, are we to attribute oversights and omissions which to us appear palpable, to the slowness of human intellect in arriving at perfection in the forbidden science of civil government? To the long experienced and benumbing effects of feudal violence, of star-chamber infernalities, of ex-officio tyranny, and the terrors of incarceration in far distant jails for free speech or writing? In an age illustrious for intellect, in an age illumined by the genius of a Milton, a Locke, a Coke, a Selden, a Newton, are we thus to account for the disappointment of the hopes excited in the nation, by the Prince of "Orange's declaration" and ' the Parliament's Bill of Rights? In part we are. The few indeed were highly gifted and eminently learned; but they flourished too early after the revival of learning to be perfect in all points of government; as in Section 47, we have in one fundamental point exemplified; while the mass of the people had for ages been kept, as we have intimated, in a state of ignorance and depression, and had NOT been taught the principles of their government, by the annual exercise of their Rights and their duties, under instructive arrangements to that end. 64. The old Serpent, therefore, was but too successful in preventing the good seed sown in the Convention Parliament from producing its natural fruit, a restored Constitution. That parliament, after living its lawful period, not exceeding one year, expired, and a new one was born. Into this, unhappily, a new spirit was infused; so that when we consider what was done by these two parliaments as the work of one set of men, an error not uncommon, we perceive incongruities that give us no small surprise; for how vapid appears a parliamentary declaration, that Englishmen may have arms for their defence suitable to their conditions and as allowed by law," not followed up by restoring" the ancient assize," whereby " every man between fifteen and sixty" was penally bound to arm, and " sworn to armour;" that he might perform his duties! How more than insipid, how spiritless, how despicable was this puny claim of arms, where it produced not a restoration of the military branch of the constitu tion!* 65. And again, how unmanly and mean sounds that other declara. tion, "that election of members of parliament ought to be free," not followed up by putting the people in possession of “a free assembly "of the nation in a lawful parliament, for redress of the great and "insufferable oppressions, and the open contempt of all law" which had been experienced; to the end of restoring and "maintaining the * laws and liberties" of the land, included in the declarations and promises of the King on the throne, upon his landing in England, as Prince of Orange; when this again is not followed up by restoring the civil branch of the constitution!* 66. In short, on looking back to what is generally included within the period of the Revolution, we see that "Rights and Liberties declared, claimed, demanded, and insisted on" which were NOT re covered; and principles proclaimed as fundamental, which were NOT embodied in any restored and reformed institutions for producing their proper effects. 67. Here we must refer to the Journals of the Commons, while in the act of effecting that critical reform, which to none but a tyrant and the papists of his family was a revolution. The Commons recite at full length the Declarations and a Speech of the Prince of Orange, and on these they ground their proceedings. His Highness states that "the public peace and happiness cannot be preserved where the "laws, liberties, and customs established by lawful authority are "openly transgressed and ánnulled;" he complains of those great and insufferable oppressions and the "open contempt of all law". which the people had recently experienced; he points out cases of perverted law, in which "none were bound to acknowledge or obey "the judgments" of wicked judges, as being null and void in themselves," of no force and efficacy;" he shows how King James and his evil counsellors had managed respecting military matters, "that so, by these means they having rendered themselves masters "both of the affairs of the Church, of the government of the nation, "and of the course of justice, and subjected them all to a despotic "and arbitrary power, they might be in a capacity to maintain and "execute their wicked designs by the assistance of the army, and "thereby to enslave the nation." 68. He tells the nation "that they are indispensably bound ❝ to endeavour to preserve and maintain their laws, liberties, "and customs;" in order that they "may neither be deprived of "their religion, nor of their civil rights; and "his High66 ness invites and requires all persons whatsoever, all the peers of "the realm, both spiritual and temporal, all lords lieutenants, deputy 41 42 43 41 See Sect. 36. 42 Com. Journals, x. 3, 5, 6. 43 Bill of Rights. D 44 45 46 ❝lieutenants, and all gentlemen, citizens, and other commons of all "ranks," (that is, the county power throughout the kingdom)" to make common cause with him. His words are: "Come and assist "us, in order to the executing of this our design, against all such "as shall endeavour to oppose us, that so we may prevent all those "miseries which must needs follow upon the nation's being kept under "arbitrary government and slavery, and that all the violences and "disorders, which may have overturned the whole constitution of the "English government, may be fully redressed in a free and legal "parliament." The prince also declares," that as soon as the state "of the nation will admit of it, he will send back all his FOREIGN "forces, and will take care that a parliament shall be called in Scot"land, for the restoring the ancient constitution of that kingdom."* 69. In conformity with this declaration, in the speech at St. James's on the 24th of December 1688, he says he has called the meeting "to "advise the best manner how to pursue the ends of his declaration, in "calling a free parliament, for the preservation of the protestant re"ligion, and restoring of the rights and liberties" (in other words restoring the constitution) "of the kingdom, and settling the same; "that they may not be in danger of being again subverted." Here then, although a Militia, a parliament of King, Lords, and Commons, with trial by Jury, still remained in form, yet, that the Constitution was nevertheless actually subverted, and needed to be restored, is expressly admitted, and argued from as an undoubted fact known to the whole nation. And it is equally a fact, that at the period of the Revolution they were NOT restored; although that was the end and object of the people's inviting over the Prince, and conferring on him the Crown. 70. The Convention House of Cominons, while the best manner of "restoring" and "settling" the Constitution employed their thoughts, after much consideration, after committing and re-committing certain heads of matters" absolutely necessary" towards the accomplishing of their object; and after distinguishing such as were to be introduced into the statute then immediately in contemplation, as "declaratory of ancient rights," from such as were to make the matter of " new laws," for putting the nation in possession of those ancient rights; "drew the same into form," and proceeded to pass the Bill of Rights.* 71. With reference to the proposed "new laws" that were to ACCOMPLISH What the Bill of Rights DECLARED, it is important to notice some of the "absolutely necessary" provisions that have been alluded to, but which were afterwards more or less, or wholly neglected. We shall at present only enumerate five of them. 1. A resolution "For repealing the acts concerning the militia, and 66 settling it anew." 44 See the Declaration at large in Com. Journ. ás above. 45 Com. Journals, x, 5. 46 Ib. 17, 21, 22, 23. 4. A resolution "For preventing the too long continuance of the "same parliament." 9. 14. 16. "For regulating constructions upon the statutes of "For taking away Informations in the Court of 66 For preventing the buying and selling of offices."* PART IV. Omissions. Militia. Parliaments too long. Treason. Ex Officio Informations. Selling of Offices, and of Seats in Parliament. Consequences. Radical Reform and Moderate Reform. Means of Success. Forebodings and the Reverse. Causes of Error. Foreign Soldiers. Bills of Indemnity. Usurpation. 72. Now, what in these respects was actually done, and how done, or not done at all? Touching the Militia, it is possible that the want of Sir William Jones's perspicuous view of the law on the subject, might produce in the mind of the convention parliament an idea of difficulties which had no existence, and thereby cause hesitation. Be that however as it may, that parliament did nothing, and its successor did mischief. Instead of repealing the militia acts of Charles the Second, which the convention parliament thought too bad to stand, and 66 settling the Militia anew," according to the constitution, as intended; this parliament made use of it as moulded by Charles; and so it continued for the greatest part of a century from its first establishment, until all constitutional ideas on the subject, and every thing relating to the connexion between a proper militia and political liberty were wholly obliterated from the public mind. 73. Touching the Resolution "For preventing the too long continuance of the same parliament," what possible criterion can we have 47 Com. Journals, 22. D 2 47 53 they will allow to have been, as a first step towards a recovery of real liberty, a pretty good one; but having been, instead of a radical measure, only a step, what has been the consequence?-Why, to this day, at a distance of one hundred and twenty-three years, no second step in advance has been taken, but at a frightful rate we have gone backwards; for, besides finding our Constitution now more violated i than by the Stuarts, we groan under a debt of eight hundred millions of pounds sterling more than they had laid on the Nation!-So much for the wisdom of a step-by-step reform of parliament ! 79. It is not by such men and such means falling England can be saved; but by men whom neither parliaments nor princes can despise, -men in whom the people repose confidence,-men who, when the thunderbolts of power strike down and fill with dejection the puny tribe of party politicians, stand erect,-immovable as the mountain rock! Their means, THE CONSTITUTION, JUSTICE, PUBLIC RIGHT, THE LOVE OF LIBERTY IN THE ENGLISH HEART, which no tyranny can eradicate, the omnipotence of TRUTH, best gift of God! and NATIONAL UNION. 80. Looking back then to the progress made in that "work of generations," by which the English nation have had to redeem themselves into that state of liberty, to which by nature and the constitution they were entitled; and remarking in particular how much of this "work of generations" was effected by the critical reforms of 1215, and 1689; nor forgetting to note how much of the work at the latest of those periods was left undone, and remains yet to be accomplished; we shall be enabled "not only to see our way, but to understand what we are about, in labouring to complete the " restoration of that "ancient constitution whereof our Saxon ancestors were unjustly de"prived, partly by the policy and partly by the force of the Nor54 66 man. 55 81. And this may serve to correct an error of those, who, without any clear notions of the English Constitution, have mistaken this work of re-building for original" building;" and who moreover have spoken slightingly of "paper plans ;" for whether our business were to build a new edifice, or to restore and rebuild the dilapidated parts of an old one, which is our case, how shall we perform our task with correctness, skill, and judgment, without "a paper plan" to shew the precise nature and extent of our undertaking, to guide us in every part of the work, as well as to render the execution pleasurable to ourselves, and satisfactory to the owners of the mansion?* 82. Thus contemplating our subject, we observe that it has been reserved to the present race of Englishmen to crown the patriot labours of seven centuries, and put the finishing hand to this work of generations";-glorious occupation! If violating the nation's natural 53 See sect. 30. 54 Ibid. 55 Comparison; in which Mock Reform, Half Reform, and Constitutional Reform are considered, 82. |