These views, far from being odious, are surely large and generous and noble. To their prevalence and success the kingdom owes its liberty, perhaps its learning, its industry, commerce, and naval power. By them chiefly the English {p198} name is distinguished among the society of nations, and aspires to a rivalship with that of the freest and most illustrious commonwealths of antiquity. But as all these mighty consequences could not reasonably be foreseen at the time when the contest began, the royalists of that age wanted not specious arguments on their side, by which they could justify their defence of the then established prerogatives of the crown. We shall state the question, as it might appear to them at the assembling of that Parliament, which by their violent encroachments on the crown, began the civil wars.

The only rule of government, they might have said, known and acknowledged among men, is use and practice. Reason is so uncertain a guide that it will always be exposed to doubt and controversy. Could it ever render itself prevalent over the people, men had always retained it as their sole rule of conduct; they had still continued in the primitive, unconnected state of nature, without submitting to political government, whose sole basis is not pure reason, but authority and precedent. Dissolve these ties, you break all the bonds of civil society, and leave every man at liberty to consult his particular interest, by those expedients which his appetite, disguised under the appearance of reason, shall dictate to him. The spirit of innovation is in itself pernicious, however favourable its particular object may sometimes appear. A truth so obvious that the popular party themselves are sensible of it, and therefore cover their encroachments on the crown by the plausible pretence of their recovering the ancient liberties of the people.

But the present prerogatives of the crown, allowing all the suppositions of that party, have been incontestably established ever since the accession of the house of Tudor, a period which, as it now comprehends a hundred and sixty years, may be allowed sufficient to give stability to any constitution. Would it not have appeared ridiculous in the reign of the Emperor Adrian to talk of the constitution of the republic as the rule of government, or to suppose {p199} that the former rights of the senate and consuls and tribunes were still subsisting?

But the present claims of the English monarchs are infinitely more favourable than those of the Roman emperors during that age. The authority of Augustus was a plain usurpation, grounded only on military violence, and forms such an era in the Roman history as is obvious to every reader. But if Henry VII. really, as some pretend, enlarged the power of the crown, it was only by insensible acquisitions which escaped the apprehension of the people, and have scarcely been remarked even by historians and politicians. The new government, if it deserves the name, is an imperceptible transition from the former; is entirely engrafted on it; derives its title fully from that root; and is to be considered only as one of those gradual revolutions to which human affairs in every nation will be for ever subject.

The House of Tudor, and after them that of Stuart, exercised no prerogatives, but what had been claimed and exercised by the Plantagenets. Not a single branch of their authority can be said to be altogether an innovation. The only difference is that perhaps the more ancient kings exerted these powers only by intervals, and were not able, by reason of the opposition of their barons, to render them so steady a rule of administration.​[109] But the sole inference from this fact is that those times were more turbulent and seditious, and that the laws have happily of late gained the ascendant.

Under what pretence can the popular party now talk of recovering the ancient constitution? The former control {p200} over the kings was not placed in the commons, but in the barons. The people had no authority, and even little or no liberty, till the crown, by suppressing these factious tyrants, enforced the execution of the laws, and obliged all the subjects equally to respect each other’s rights, privileges, and properties. If we must return to the ancient barbarous and Gothic constitution, let those gentlemen, who now behave themselves with so much insolence to their sovereign, set the first example. Let them make court to be admitted as retainers to a neighbouring baron, and by submitting to slavery under him, acquire some protection to themselves, together with the power of exercising rapine and oppression over their inferior slaves and villains. This was the condition of the commons among their remote ancestors.

But how far back shall we go, in having recourse to ancient constitutions and governments? There was a constitution still more ancient than that to which these innovators affect so much to appeal. During that period there was no Magna Charta. The barons themselves possessed few regular, stated privileges, and the House of Commons probably had not an existence.

It is pleasant to hear a house, while they are usurping the whole power of the government, talk of reviving ancient institutions. Is it not known that, though the representatives received wages from their constituents, to be a member of their house was always considered as a burden, and a freedom from it as a privilege? Will they persuade us that power, which of all human acquisitions is the most coveted, and in comparison of which even reputation and pleasure and riches are slighted, could ever be regarded as a burden by any man?

The property acquired of late by the commons, it is said, entitles them to more power than their ancestors enjoyed. But to what is this increase of their property owing, but to an increase of their liberty and their security? Let them therefore acknowledge that their ancestors, while the crown was restrained by the seditious barons, really {p201} enjoyed less liberty than they themselves have attained, after the sovereign acquired the ascendant, and let them enjoy that liberty with moderation, and not forfeit it by new exorbitant claims, and by rendering it a pretence for endless innovations.

The true rule of government is the present established practice of the age. That has most authority, because it is recent. It is also better known for the same reason. Who has assured those tribunes that the Plantagenets did not exercise as high acts of authority as the Tudors? The historians, they say, do not mention them; but the historians are also silent with regard to the chief exertions of prerogative by the Tudors. Where any power or prerogative is fully and undoubtedly established, the exercise of it passes for a thing of course, and readily escapes the notice of history and annals. Had we no other monuments of Elizabeth’s reign than what are preserved even by Camden, the most copious, judicious, and exact of our historians, we should be entirely ignorant of the most important maxims of her government.