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Picture of the English Government.

The establishment of a government is a matter of curious and interesting investigation. I shall not speak, in this place, of the great Tamerlane, or Timerling, because I am not precisely acquainted with the mystery of the Great Mogul's government. But we can see our way somewhat more clearly into the administration of affairs in England; and I had rather examine that than the administration of India; as England, we are informed, is inhabited by free men and not by slaves; and in India, according to the accounts we have of it, there are many slaves and but few free men.

Let us, in the first place, view a Norman bastard seating himself upon the throne of England. He had about as much right to it as St. Louis had, at a later period, to Grand Cairo. But St. Louis had the misfortune not to begin with obtaining a judicial decision in favor of his right to Egypt from the court of Rome; and William the Bastard failed not to render his cause legitimate and sacred, by obtaining in confirmation of the rightfulness of his claim, a decree of Pope Alexander II. issued without the opposite party having obtained a hearing, and simply in virtue of the words, "Whatsoever thou shalt bind on earth, shall be bound in heaven." His competitor, Harold, a perfectly legitimate monarch, being thus bound by a decree of heaven, William united to this virtue of the holy see another of far more powerful efficacy still, which was the victory of Hastings. He reigned, therefore, by the right of the strongest, just as Pepin and Clovis had reigned in France; the Goths and Lombards in Italy; the Visigoths, and afterwards the Arabs in Spain; the Vandals in Africa, and all the kings of the world in succession.

It must be nevertheless admitted, that our Bastard possessed as just a title as the Saxons and the Danes, whose title, again, was quite as good as that of the Romans. And the title of all these heroes in succession was precisely that of "robbers on the highway," or, if you like it better, that of foxes and pole-cats when they commit their depredations on the farm-yard.

All these great men were so completely highway robbers, that from the time of Romulus down to the buccaneers, the only question and concern were about the "_spolia opima_," the pillage and plunder, the cows and oxen carried off by the hand of violence. Mercury, in the fable, steals the cows of Apollo; and in the Old Testament, Isaiah assigns the name of robber to the son whom his wife was to bring into the world, and who was to be an important and sacred type. That name was Mahershalalhashbaz, "divide speedily the soil." We have already observed, that the names of soldier and robber were often synonymous.

Thus then did William soon become king by divine right. William Rufus, who usurped the crown over his elder brother, was also king by divine right, without any difficulty; and the same right attached after him to Henry, the third usurper.

The Norman barons who had joined at their own expense in the invasion of England, were desirous of compensation. It was necessary to grant it, and for this purpose to make them great vassals, and great officers of the crown. They became possessed of the finest estates. It is evident that William would rather, had he dared, have kept all to himself, and made all these lords his guards and lackeys. But this would have been too dangerous an attempt. He was obliged, therefore, to divide and distribute.

With respect to the Anglo-Saxon lords, there was no very easy way of killing, or even making slaves of the whole of them. They were permitted in their own districts, to enjoy the rank and denomination of lords of the manor--_seignieurs châtelans_. They held of the great Norman vassals, who held of William.

By this system everything was kept in equilibrium until the breaking out of the first quarrel. And what became of the rest of the nation? The same that had become of nearly all the population of Europe. They became serfs or villeins.

At length, after the frenzy of the Crusades, the ruined princes sell liberty to the serfs of the glebe, who had obtained money by labor and commerce. Cities are made free, the commons are granted certain privileges; and the rights of men revive even out of anarchy itself.

The barons were everywhere in contention with their king, and with one another. The contention became everywhere a petty intestine war, made up out of numberless civil wars. From this abominable and gloomy chaos appeared a feeble gleam, which enlightened the commons, and considerably improved their situation.

The kings of England, being themselves great vassals of France for Normandy, and afterwards for Guienne and other provinces, easily adopted the usages of the kings from whom they held. The states of the realm were long made up, as in France, of barons and bishops.

The English court of chancery was an imitation of the council of state, of which the chancellor of France was president. The court of king's bench was formed on the model of the parliament instituted by Philip le Bel. The common pleas were like the jurisdiction of the châtelat. The court of exchequer resembled that of the superintendents of the finances--_généraux des finances_--which became, in France, the court of aids.

The maxim that the king's domain is inalienable is evidently taken from the system of French government.

The right of the king of England to call on his subjects to pay his ransom, should he become a prisoner of war; that of requiring a subsidy when he married his eldest daughter, and when he conferred the honor of knighthood on his son; all these circumstances call to recollection the ancient usages of a kingdom of which William was the chief vassal.

Scarcely had Philip le Bel summoned the commons to the states-general, before Edward, king of England, adopted the like measure, in order to balance the great power of the barons. For it was under this monarch's reign that the commons were first clearly and distinctly summoned to parliament.

We perceive, then, that up to this epoch in the fourteenth century, the English government followed regularly in the steps of France. The two churches are entirely alike; the same subjection to the court of Rome; the same exactions which are always complained of, but, in the end, always paid to that rapacious court; the same dissensions, somewhat more or less violent; the same excommunications; the same donations to monks; the same chaos; the same mixture of holy rapine, superstition, and barbarism.

As France and England, then, were for so long a period governed by the same principles, or rather without any principle at all, and merely by usages of a perfectly similar character, how is it that, at length, the two governments have become as different as those of Morocco and Venice?

It is, perhaps, in the first place to be ascribed to the circumstance of England, or rather Great Britain, being an island, in consequence of which the king has been under no necessity of constantly keeping up a considerable standing army which might more frequently be employed against the nation itself than against foreigners.

It may be further observed, that the English appear to have in the structure of their minds something more firm, more reflective, more persevering, and, perhaps, more obstinate, than some other nations.

To this latter circumstance it may be probably attributed, that, after incessantly complaining of the court of Rome, they at length completely shook off its disgraceful yoke; while a people of more light and volatile character has continued to wear it, affecting at the same time to laugh and dance in its chains.

The insular situation of the English, by inducing the necessity of urging to the particular pursuit and practice of navigation, has probably contributed to the result we are here considering, by giving to the natives a certain sternness and ruggedness of manners.

These stern and rugged manners, which have made their island the theatre of many a bloody tragedy, have also contributed, in all probability, to inspire a generous frankness.

It is in consequence of this combination of opposite qualities that so much royal blood has been shed in the field, and on the scaffold, and yet poison, in all their long and violent domestic contentions, has never been resorted to; whereas, in other countries, under priestly domination poison has been the prevailing weapon of destruction.

The love of liberty appears to have advanced, and to have characterized the English, in proportion as they have advanced in knowledge and in wealth. All the citizens of a state cannot be equally powerful, but they may be equally free. And this high point of distinction and enjoyment the English, by their firmness and intrepidity, have at length attained.

To be free is to be dependent only on the laws. The English, therefore, have ever loved the laws, as fathers love their children, because they are, or at least think themselves, the framers of them.

A government like this could be established only at a late period; because it was necessary long to struggle with powers which commanded respect, or at least, impressed awe--the power of the pope, the most terrible of all, as it was built on prejudice and ignorance; the royal power ever tending to burst its proper boundary, and which it was requisite, however difficult, to restrain within it; the power of the barons, which was, in fact, an anarchy; the power of the bishops, who, always mixing the sacred with the profane, left no means unattempted to prevail over both barons and kings.

The house of commons gradually became the impregnable mole, which successfully repelled those serious and formidable torrents.

The house of commons is, in reality, the nation; for the king, who is the head, acts only for himself, and what is called his prerogative. The peers are a parliament only for themselves; and the bishops only for themselves, in the same manner.

But the house of commons is for the people, as every member of it is deputed by the people. The people are to the king in the proportion of about eight millions to unity. To the peers and bishops they are as eight millions to, at most, two hundred. And these eight million free citizens are represented by the lower house.

With respect to this establishment or constitution--in comparison with which the republic of Plato is merely a ridiculous reverie, and which might be thought to have been invented by Locke, or Newton, or Halley, or Archimedes--it sprang, in fact, out of abuses, of a most dreadful description, and such as are calculated to make human nature shudder. The inevitable friction of this vast machine nearly proved its destruction in the days of Fairfax and Cromwell. Senseless fanaticism broke into this noble edifice, like a devouring fire that consumes a beautiful building formed only of wood.

In the time of William the Third it was rebuilt of stone. Philosophy destroyed fanaticism, which convulses to their centres states even the most firm and powerful. We cannot easily help believing that a constitution which has regulated the rights of king, lords, and people, and in which every individual finds security, will endure as long as human institutions and concerns shall have a being.

We cannot but believe, also, that all states not established upon similar principles, will experience revolutions.

The English constitution has, in fact, arrived at that point of excellence, in consequence of which all men are restored to those natural rights, which, in nearly all monarchies, they are deprived of. These rights are, entire liberty of person and property; freedom of the press; the right of being tried in all criminal cases by a jury of independent men--the right of being tried only according to the strict letter of the law; and the right of every man to profess, unmolested, what religion he chooses, while he renounces offices, which the members of the Anglican or established church alone can hold. These are denominated privileges. And, in truth, invaluable privileges they are in comparison with the usages of most other nations of the world! To be secure on lying down that you shall rise in possession of the same property with which you retired to rest; that you shall not be torn from the arms of your wife, and from your children, in the dead of night, to be thrown into a dungeon, or buried in exile in a desert; that, when rising from the bed of sleep, you will have the power of publishing all your thoughts; and that, if you are accused of having either acted, spoken, or written wrongly, you can be tried only according to law. These privileges attach to every one who sets his foot on English ground. A foreigner enjoys perfect liberty to dispose of his property and person; and, if accused of any offence, he can demand that half the jury shall be composed of foreigners.

I will venture to assert, that, were the human race solemnly assembled for the purpose of making laws, such are the laws they would make for their security. Why then are they not adopted in other countries? But would it not be equally judicious to ask, why cocoanuts, which are brought to maturity in India, do not ripen at Rome? You answer, these cocoanuts did not always, or for some time, come to maturity in England; that the trees have not been long cultivated; that Sweden, following her example, planted and nursed some of them for several years, but that they did not thrive; and that it is possible to produce such fruit in other provinces, even in Bosnia and Servia. Try and plant the tree then.

And you who bear authority over these benighted people, whether under the name of pasha, effendi, or mollah, let me advise you, although an unpromising subject for advice, not to act the stupid as well as barbarous part of riveting your nations in chains. Reflect, that the heavier you make the people's yoke, the more completely your own children, who cannot all of them be pashas, will be slaves. Surely you would not be so contemptible a wretch as to expose your whole posterity to groan in chains, for the sake of enjoying a subaltern tyranny for a few days! Oh, how great at present is the distance between an Englishman and a Bosnian!