The History of England (Vol. 1-5). Томас Бабингтон Маколей

The History of England (Vol. 1-5) - Томас Бабингтон Маколей


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it more intractable than the first. He again resorted to the expedient of dissolution, raised fresh taxes without any show of legal right, and threw the chiefs of the opposition into prison At the same time a new grievance, which the peculiar feelings and habits of the English nation made insupportably painful, and which seemed to all discerning men to be of fearful augury, excited general discontent and alarm. Companies of soldiers were billeted on the people; and martial law was, in some places, substituted for the ancient jurisprudence of the realm.

      The King called a third Parliament, and soon perceived that the opposition was stronger and fiercer than ever. He now determined on a change of tactics. Instead of opposing an inflexible resistance to the demands of the Commons, he, after much altercation and many evasions, agreed to a compromise which, if he had faithfully adhered to it, would have averted a long series of calamities. The Parliament granted an ample supply. The King ratified, in the most solemn manner, that celebrated law, which is known by the name of the Petition of Right, and which is the second Great Charter of the liberties of England. By ratifying that law he bound himself never again to raise money without the consent of the Houses, never again to imprison any person, except in due course of law, and never again to subject his people to the jurisdiction of courts martial.

      The day on which the royal sanction was, after many delays, solemnly given to this great Act, was a day of joy and hope. The Commons, who crowded the bar of the House of Lords, broke forth into loud acclamations as soon as the clerk had pronounced the ancient form of words by which our princes have, during many ages, signified their assent to the wishes of the Estates of the realm. Those acclamations were reechoed by the voice of the capital and of the nation; but within three weeks it became manifest that Charles had no intention of observing the compact into which he had entered. The supply given by the representatives of the nation was collected. The promise by which that supply had been obtained was broken. A violent contest followed. The Parliament was dissolved with every mark of royal displeasure. Some of the most distinguished members were imprisoned; and one of them, Sir John Eliot, after years of suffering, died in confinement.

      Charles, however, could not venture to raise, by his own authority, taxes sufficient for carrying on war. He accordingly hastened to make peace with his neighbours, and thenceforth gave his whole mind to British politics.

      Now commenced a new era. Many English Kings had occasionally committed unconstitutional acts: but none had ever systematically attempted to make himself a despot, and to reduce the Parliament to a nullity. Such was the end which Charles distinctly proposed to himself. From March 1629 to April 1640, the Houses were not convoked. Never in our history had there been an interval of eleven years between Parliament and Parliament. Only once had there been an interval of even half that length. This fact alone is sufficient to refute those who represent Charles as having merely trodden in the footsteps of the Plantagenets and Tudors.

      It is proved, by the testimony of the King's most strenuous supporters, that, during this part of his reign, the provisions of the Petition of Right were violated by him, not occasionally, but constantly, and on system; that a large part of the revenue was raised without any legal authority; and that persons obnoxious to the government languished for years in prison, without being ever called upon to plead before any tribunal.

      For these things history must hold the King himself chiefly responsible. From the time of his third Parliament he was his own prime minister. Several persons, however, whose temper and talents were suited to his purposes, were at the head of different departments of the administration.

      The tribunals afforded no protection to the subject against the civil and ecclesiastical tyranny of that period. The judges of the common law, holding their situations during the pleasure of the King, were scandalously obsequious. Yet, obsequious as they were, they were less ready and less efficient instruments of arbitrary power than a class of courts, the memory of which is still, after the lapse of more than two centuries, held in deep abhorrence by the nation. Foremost among these courts in power and in infamy were the Star Chamber and the High Commission, the former a political, the latter a religious inquisition. Neither was a part of the old constitution of England. The Star Chamber had been remodelled, and the High Commission created, by the Tudors. The power which these boards had possessed before the accession of Charles had been extensive and formidable, but had been small indeed when compared with that which they now usurped. Guided chiefly by the violent spirit of the primate, and free from the control of Parliament, they displayed a rapacity, a violence, a malignant energy, which had been unknown to any former age. The government was able through their instrumentality, to fine, imprison, pillory, and mutilate without restraint. A separate council which sate at York, under the presidency of Wentworth,


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