The place was worthy of such a trial. It was the great Hall of William Rufus, the hall which had resounded with acclamations at the inauguration of thirty kings, the hall which had witnessed the just sentence of Bacon and the just absolution of Somers, the hall where the eloquence of Strafford had for a moment awed and melted a victorious party inflamed with just resentment, the hall where Charles had confronted the high court of justice with the placid courage which has half redeemed his fame. Neither military nor civil pomp was wanting. The avenues were lined with grenadiers. The streets were kept clear by cavalry. The peers robed in gold and ermine were marshalled by the heralds under Garter king-at-arms. The judges in their vestments of state attended to give advice on points of law. Near a hundred and seventy lords, three fourths of the Upper-house, as the Upper-house then was, walked in solemn order from their usual place of assembly to the tribunal. The junior baron present led the way, George Elliot, lord Heathfield, recently ennobled for his memorable defence of Gibraltar against the fleets and armies of France and Spain. The long procession was closed by the duke of Norfolk earl marshal of the realm, by the great dignitaries, and by the brothers and sons of the king. Last of all came the prince of Wales conspicuous by his fine person and noble bearing. The grey old walls were hung with scarlet. The long galleries were crowded by an audience such as has rarely excited the fears or the emulation of an orator. There were gathered together from all parts of a great, free, enlightened and prosperous empire, grace and female loveliness, wit and learning, the representation of every science and of every art. There were seated round the queen the fair-haired young daughters of the house of Brunswick. There the ambassadors of great kings and commonwealths gazed with admiration on a spectacle which no other country in the world could present. There Siddons in the prime of her majestic beauty looked with emotion on a scene surpassing all the imitations of the stage. There the historian of the Roman empire thought of the days when Cicero pleaded the cause of Sicily against Verres, and when, before a senate which still retained some show of freedom, Tacitus thundered against the oppressor of Africa. There were seen side by side the greatest painter and the greatest scholar of the age. The spectacle had allured Reynolds from that easel, which has preserved to us the thoughtful foreheads of so many writers and statesmen, and the sweet smiles of so many noble matrons. It had induced Parr to suspend his labours in that dark and profound mine from which he had extracted a vast treasure of erudition, a treasure too often buried in the earth, too often paraded with injudicious and inelegant ostentation, but still precious, massive, and splendid. There appeared the voluptuous charms of her to whom the heir of the throne had in secret plighted his faith. There too was she, the beautiful mother of a beautiful race, the St Cecilia whose delicate features, lighted up by love and music, art has rescued from the common decay. There were the members of that brilliant society which quoted, criticised, and exchanged reparties, under the rich peacock-hangings of Mrs Montague. And there the ladies whose lips, more persuasive than those of Fox himself, had carried the Westminster election against palace and treasury, shone round Georgiana duchess of Devonshire.
[49]: Sic rerum facta est pulcherrima Roma.
[50]: I should very imperfectly execute the task which I have undertaken if I were merely to treat of battles and sieges, of the rise and fall of administrations, of intrigues in the palace, and of debates in the parliament. It will be my endeavour to relate the history of the people as well as the history of the government, to trace the progress of useful and ornamental arts, to describe the rise of religious sects and the changes of literary taste, to portray the manners of successive generations, and not to pass by with neglect even the revolutions which have taken place in dress, furniture, repasts, and public amusements. I shall cheerfully bear the reproach of having descended below the dignity of history, if I can succeed in placing before the English of the nineteenth century a true picture of the life of their ancestors. (History of England, t. I, p. 3. Éd. Tauchnitz.)
[51]: Of all the Acts that have ever been passed by Parliament, the Toleration Act is perhaps that which most strikingly illustrates the peculiar vices and the peculiar excellence of English legislation. The science of Politics bears in one respect a close analogy to the science of Mechanics. The mathematician can easily demonstrate that a certain power, applied by means of a certain lever or of a certain system of pulleys, will suffice to raise a certain weight. But his demonstration proceeds on the supposition that the machinery is such as no load will bend or break. If the engineer, who has to lift a great mass of real granite by the instrumentality of real timber and real hemp, should absolutely rely on the proposition which he finds in treatises on Dynamics, and should make no allowance for the imperfection of his materials, his whole apparatus of beams, wheels, and ropes would soon come down in ruin, and, with all his geometrical skill, he would be found a far inferior builder to those painted barbarians who, though they never heard of the parallelogram of forces, managed to pile up Stonehenge. What the engineer is to the mathematician, the active statesman is to the contemplative statesman. It is indeed most important that legislators and administrators should be versed in the philosophy of government, as it is most important that the architect, who has to fix an obelisk on its piedestal, or to hang a tubular bridge over an estuary, should be versed in the philosophy of equilibrium and motion. But, as he who has actually to build must bear in mind many things never noticed by D'Alembert and Euler, so must he who has actually to govern be perpetually guided by considerations to which no allusion can be found in the writings of Adam Smith or Jeremy Bentham. The perfect lawgiver is a just temper between the mere man of theory, who can see nothing but general principles, and the mere man of business, who can see nothing but particular circumstances. Of lawgivers in whom the speculative element has prevailed to the exclusion of the practical, the world has during the last eighty years been singularly fruitful. To their wisdom Europe and America have owed scores of abortive constitutions, scores of constitutions have lived just long enough to make a miserable noise, and have then gone off in convulsions. But in the English legislature the practical element has always predominated, and not seldom unduly predominated, over the speculative. To think nothing of symmetry and much of convenience; never to remove an anomaly merely because it is an anomaly; never to innovate except when some grievance is felt; never to innovate except so far as to get rid of the grievance; never to lay down any proposition of wider extent than the particular case for which it is necessary to provide; these are the rules which have, from the age of John to the age of Victoria, generally guided the deliberations of our two hundred and fifty Parliaments.
(History of England, t. IV, p. 84.)
[52]: The Toleration Act approaches very near to the idea of a great English law. To a jurist, versed in the theory of legislation, but not intimately acquainted with the temper of the sects and parties into which the nation was divided at the time of the Revolution, that act would seem to be a mere chaos of absurdities and contradictions. It will not bear to be tried by sound general principles. Nay, it will not bear to be tried by any principle, sound or unsound. The sound principle undoubtedly is, that mere theological error ought not to be punished by the civil magistrate. This principle the Toleration Act not only does not recognise, but positively disclaims. Not a single one of the cruel laws enacted against nonconformists by the Tudors or the Stuarts is repealed. Persecution continues to be the general rule. Toleration is the exception. Nor is this all. The freedom which is given to conscience is given in the most capricious manner. A Quaker, by making a declaration of faith in general terms, obtains the full benefit of the act without signing one of the thirty nine articles. An Independant minister, who is perfectly willing to make the declaration required from the quaker, but who has doubts about six or seven of the articles, remains still subject to the penal laws. Howe is liable to punishment if he preaches before he has solemnly declared his assent to the anglican doctrine touching the Eucharist. Penn, who altogether rejects the Eucharist, is at perfect liberty to preach without making any declaration whatever on the subject.
These are some of the obvious faults which must strike every person who examines the Toleration Act by that standard of just reason which is the same in all countries and in all ages. But these very faults may perhaps appear to be merits, when we take into consideration the passions and prejudices of those for whom the Toleration Act was framed. This law, abounding with contradictions which every smatterer in political philosophy can detect, did what a law framed by the utmost skill of the greatest masters of political philosophy might have failed to do. That the provisions which have been recapitulated are cumbrous, puerile, inconsistent with each other, inconsistent with the true theory of religious liberty, must be acknowledged. All that can be said in their defence is this; that they removed a vast mass of evil without shocking a vast mass of prejudice; that they put an end, at once and for ever, without one division in either house of Parliament; without one riot in the streets, with scarcely one audible murmur even from the classes most deeply tainted with bigotry, to a persecution which had raged during four generations, which had broken innumerable hearts, which had made innumerable firesides desolate, which had filled the prisons with men of whom the world was not worthy, which had driven thousands of those honest, diligent and God-fearing yeomen and artisans who are the true strength of a nation, to seek a refuge beyond the ocean among the wigwams of red Indians and the lairs of panthers. Such a defence, however weak it may appear to some shallow speculators, will probably be thought complete by statesmen. (History of England, t. IV, p, 86.)
[53]: T. IV, p. 5. Éd. Tauchnitz.
[54]: Allusion à un livre populaire, the Pilgrim's progress, par Bunyan.
[55]: Mac Ian dwelt in the mouth of a ravine situated not far from the southern shore of Lochleven, an arm of the sea which deeply indents the western coast of Scotland, and separates Argyleshire from Invernesshire. Near his house were two or three small hamlets inhabited by his tribe. The whole population which he governed was not supposed to exceed two hundred souls. In the neighbourhood of the little cluster of villages was some copsewood and some pasture land: but a little further up the defile no sign of population or of fruitfulness was to be seen. In the Gaelic tongue Glencoe signifies the Glen of Weeping: and in truth that pass is the most dreary and melancholy of all the Scottish passes, the very Valley of the Shadow of Death. Mists and storms brood over it through the greater part of the finest summer; and even on those rare days when the sun is bright, and when there is no cloud in the sky, the impression made by the landscape is sad and awful. The path lies along a stream which issues from the most sullen and gloomy of mountain pools. Huge precipices of naked stone frown on both sides. Even in July the streaks of snow may often be discerned in the rifts near the summits. All down the sides of the crags heaps of ruin mark the headlong paths of the torrents. Mile after mile the traveller looks in vain for the smoke of one hut, for one human form wrapped in a plaid, and listens in vain for the bark of a shepherd's dog or a bleat of a lamb. Mile after mile the only sound that indicates life is the faint cry of a bird of prey from some storm-beaten pinnacle of rock. The progress of civilisation, which has turned so many wastes into fields yellow with harvests or gay with apple blossoms, has only made Glencoe more desolate. All the science and industry of a peaceful age can extract nothing valuable from that wilderness: but, in an age of violence and rapine, the wilderness itself was valued on account of the shelter which it afforded to the plunderer and his plunder. (T. VII, p. 4.)