tem produced, during the middle ages, many salutary effects. It is true that, shortly after the battle of Hastings, Saxon prelates and abbots were violently deposed, and that ecclesiastical adventurers from the Continent were intruded by hundreds into lucrative benefices. Yet even then pious divines of Norman blood raised their voices against such a violation of the constitution of the Church, refused to accept mitres from the hands of the Conqueror, and charged him, on the peril of his soul, not to forget that the vanquished islanders were his fellow Christians. The first protector whom the English found among the dominant caste was Archbishop Anselm. At a time when the English name was a reproach, and when all the civil and military dignities of the kingdom were supposed to belong exclusively to the countrymen of the Conqueror, the despised race learned, with transports of delight, that one of themselves, Nicholas Breakspear, had been elevated to the papal throne, and had held out his foot to be kissed by ambassadors sprung from the noblest houses of Normandy. It was a national as well as a religious feeling that drew great multitudes to the shrine of Becket, the first Englishman who, since the Conquest, had been terrible to the foreign tyrants. A successor of Becket was foremost among those who obtained that charter which secured at once the privileges of the Norman barons and of the Saxon yeomanry. How great a part the Roman Catholic ecclesiastics subsequently had in the abolition of villenage we learn from the unexceptionable testimony of Sir Thomas Smith, one of the ablest Protestant counsellors of Elizabeth. When the dying slaveholder asked for the last sacraments, his spiritual attendants regularly adjured him, as he loved his soul, to emancipate his brethren for whom Christ had died. So successfully had the Church used her formidable machinery that, before the Reformation came, she had enfranchised almost all the bondmen in the kingdom except her own, who, to do her justice, seem to have been very tenderly treated.

There can be no doubt, that, when these two great revolutions had been effected, our forefathers were by far the best governed people in Europe. During three hundred years the social system had been in a constant course of improvement. Under the first Plantagenets there had been barons able to bid defiance to the sovereign, and peasants degraded to the level of the swine and oxen which they tended. The exorbitant power of the baron had been gradually reduced. The condition of the peasant had been gradually elevated. Between the aristocracy and the work

ing people had sprung up a middle class, agricultural and commercial. There was still, it may be, more inequality than is favourable to the happiness and virtue of our species: but no man was altogether above the restraints of law; and no man was altogether below its protection.

That the political institutions of England were, at this early period, regarded by the English with pride and affection, and by the most enlightened men of neighbouring nations with admiration and envy, is proved by the clearest evidence. But touching the nature of those institutions, there has been much dishonest and acrimonious controversy.

The historical literature of England has indeed suffered grievously from a circumstance which has not a little contributed to her prosperity. The change, great as it is, which her polity has undergone during the last six centuries, has been the effect of gradual development, not of demolition and reconstruction. The present constitution of our country is, to the constitution under which she flourished five hundred years ago, what the tree is to the sapling, what the man is to the boy. The alteration has been great. Yet there never was a moment at which the chief part of what existed was not old. A polity thus formed must abound in anomalies. But for the evils arising from mere anomalies we have ample compensation. Other societies possess written constitutions more symmetrical. But no other society has yet succeeded in uniting revolution with prescription, progress with stability, the energy of youth with the majesty of immemorial antiquity.

This great blessing, however, has its drawbacks and one of these drawbacks is, that every source of information as to our early history has been poisoned by party spirit. As there is no country where statesmen have been so much under the influence of the past, so there is no country where historians have been so much under the influence of the present. Between these two things, indeed, there is a natural connection. Where history is regarded merely as a picture of life and manners, or as a collection of experiments from which general maxims of civil wisdom may be drawn, a writer lies under no very pressing temptation to misrepresent transactions of ancient date. But where history is regarded as a repository of titledeeds, on which the rights of governments and nations depend, the motive to falsification becomes almost irresistible. A Frenchman is not now impelled by any strong interest either to exaggerate or to underrate the power of the kings of the house of Valois. The

privileges of the States General, of the States of Britanny, of the States of Burgundy, are now matters of as little practical importance as the constitution of the Jewish Sanhedrim, or of the Amphictyonic Council. The gulph of a great revolution completely separates the new from the old system. No such chasm divides the existence of the English nation into two distinct parts. Our laws and customs have never been lost in general and irreparable ruin. With us the precedents of the middle ages are still valid precedents, and are still cited, on the gravest occasions, by the most eminent statesmen. Thus, when King George the Third was attacked by the malady which made him incapable of performing his regal functions, and when the most distinguished lawyers and politicians differed widely as to the course which ought, in such circumstances, to be pursued, the Houses of Parliament would not proceed to discuss any plan of regency till all the examples which were to be found in our annals, from the earliest times, had been collected and arranged. Committees were appointed to examine the ancient records of the realm. The first precedent reported was that of the year 1217: much importance was attached to the precedents of 1326, of 1377, and of 1422: but the case which was justly considered as most in point was that of 1455. Thus in our country the dearest interests of parties have frequently been staked on the results of the researches of antiquaries. The inevitable consequence was, that our antiquaries conducted the researches in the spirit of partisans.

It is therefore not surprising that those who have written concerning the limits of prerogative and liberty in the old polity of England should generally have shown the temper, not of judges, but of angry and uncandid advocates. For they were discussing, not a speculative matter, but a matter which had a direct and practical connection with the most momentous and exciting disputes of their own day. From the commencement of the long contest between the Parliament and the Stuarts down to the time when the pretensions of the Stuarts ceased to be formidable, few questions were practically more important than the question whether the administration of that family had or had not been in accordance with the ancient constitution of the kingdom. This question could be decided only by reference to the records of preceding reigns. Bracton and Fleta, the Mirror of Justice and the Rolls of Parliament, were ransacked to find pretexts for the excesses of the Star Chamber on one side, and of the High Court of Justice on the other.

During a long course of years every Whig historian was anxious to prove that the old English government was all but republican, every Tory historian to prove that it was all but despotic.

With such feelings, both parties looked into the chronicles of the middle ages. Both readily found what they sought; and both obstinately refused to see anything but what they sought. The champions of the Stuarts could easily point out instances of oppression exercised on the subject. The defenders of the Roundheads could as easily produce instances of determined and successful resistance offered to the Crown. The Tories quoted, from ancient writings, expressions almost as servile as were heard from the pulpit of Mainwaring. The Whigs discovered expressions as bold and severe as any that resounded from the judgment seat of Bradshaw. One set of writers adduced numerous instances in which Kings had extorted money without the authority of Parliament. Another set cited cases in which the Parliament had assumed to itself the power of inflicting punishment on Kings. Those who saw only one half of the evidence would have concluded that the Plantagenets were as absolute as the Sultans of Turkey: those who saw only the other half would have concluded that the Plantagenets had as little real power as the Doges of Venice; and both conclusions would have been equally remote from the truth.

The old English government was one of a class of limited monarchies which sprang up in Western Europe during the middle ages, and which, notwithstanding many diversities, bore to one another a strong family likeness. That there should have been such a likeness is not strange. The countries in which those monarchies arose had been provinces of the same great civilised empire, and had been overrun and conquered, about the same time, by tribes of the same rude and warlike nation. They were members of the same great coalition against Islam. They were in communion with the same superb and ambitious Church. Their polity naturally took the same form. They had institutions derived partly from imperial Rome, partly from papal Rome, partly from the old Germany. All had Kings; and in all the kingly office became by degrees strictly hereditary. All had nobles bearing titles which had originally indicated military rank. The dignity of knighthood, the rules of heraldry, were common to all. All had richly endowed ecclesiastical establishments, municipal corporations enjoying

large franchises, and senates whose consent was necessary to the validity of some public acts.

Of these kindred constitutions the English was, from an early period, justly reputed the best. The prerogatives of the sovereign were undoubtedly extensive. The spirit of religion, and the spirit of chivalry, concurred to exalt his dignity. The sacred oil had been poured on his head. It was no disparagement to the bravest and noblest knights to kneel at his feet. His person was inviolable. He alone was entitled to convoke the Estates of the realm: he could at his pleasure dismiss them; and his assent was necessary to all their legislative acts. He was the chief of the executive administration, the sole organ of communication with foreign powers, the captain of the military and naval forces of the state, the fountain of justice, of mercy, and of honour. He had large powers for the regulation of trade. It was by him that money was coined, that weights and measures were fixed, that marts and havens were appointed. His ecclesiastical patronage was immense. His hereditary revenues, economically administered, sufficed to meet the ordinary charges of government. His own domains were of vast extent. He was also feudal lord paramount of the whole soil of his kingdom, and, in that capacity, possessed many lucrative and many formidable rights, which enabled him to annoy and depress those who thwarted him, and to enrich and aggrandise, without any cost to himself, those who enjoyed his favour.

But his power, though ample, was limited by three great constitutional principles, so ancient that none can say when they began to exist, so potent that their natural development, continued through many generations, has produced the order of things under which we now live.

First, the King could not legislate without the consent of his Parliament. Secondly, he could impose no taxes without the consent of his Parliament. Thirdly, he was bound to conduct the executive administration according to the laws of the land, and, if he broke those laws, his advisers and his agents were responsible. No candid Tory will deny that these principles had, five hundred years ago, acquired the authority of fundamental rules. On the other hand, no candid Whig will affirm that they were, till a later period, cleared from all ambiguity, or followed out to all their consequences. A constitution of the middle ages was not, like a constitution of the eighteenth or nineteenth century, created entire by a single act, and fully set forth in a single document. It is only in a refined and speculative age that a