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patents, advised the house, in language similar to what was adopted in a future reign, to abstain from such topics, lest her majesty might look to her own power, and thereby finding her validity to suppress the strength of the challenged liberty, and to challenge and use her power any way, to do as did Lewis of France, who, as he termed it, delivered the crown there out of wardship,* which the said French king did upon like occasion. He also said that other kings had absolute power, as Denmark and Portugal, where, as the Crown became more free, so are all the subjects thereby the rather made slaves.'† This speech was disliked, but no notice was taken of it at the time. At the next meeting of parliament, however, on a question about the residence of burgesses within the boroughs they represented, a member, after stating to the house that it belonged to them to consider of all, and, as occasion may serve, to alter, constitute, or reform all things as cause should be,' alludes to Gilbert's speech in the following terms: We know that such as have spent their whole time in service, or have seen only the manner of government of other nations, and can tell you how the Crown of France is delivered out of wardship, or otherwise tell a tale of the King of Castile and Portugal, how they, in making laws, do use their own discretion, the King of Denmark useth the advice of his nobles only, and nothing of the commons: or can point you out the monstrous garments of the common people in some parts of Germany, or the mangled commonwealth of the allies, or shadows of the great cities, which now are to be seen in Italy; surely all those men, except they know also our own homes, are not to be trusted to conclude for our home affairs.'

* Mr. Hume, in the body of his history, quotes this very speech; but he, unfortunately, stopped at the word wardship, and thus overlooked the rest of the passage, which might have prevented him from taking so erroneous a view of the English

Wentworth, on a future

government in that age. While, too,
he alludes to Wentworth's observa-
tions on it, he overlooks the remarks
of another member.
† Id. p. 168.

D'Ewes, p. 169.

CIVIL LIBERTY.

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II.

day, declared Gilbert's speech to be an injury to the СНАР. house, and reprobated that individual in the coarsest terms for his disposition to flatter and fawn upon the prince, comparing him to the chamelion, which can change itself into all colours save white; even so,' said he, this reporter can change himself into all fashions save honesty."* No evidence can be more direct or complete than this. We have now travelled over a vast variety of ground, a. and it must be apparent that, though there were some institutions, as the Star-Chamber, &c., not consonant to the genius of a free government, and occasional proceedings of a dangerous kind, the grand constitutional principles were clearly defined as well as recognised by the monarch in the general course of administration.†

* P. 175.

In note D, the reader will find some additional matter upon this subject, and a more particular examination of Mr. Hume's statements. We have reserved for that note also, some observations regarding the opinions of the grand reformers on the Continent, about civil liberty, with the sentiments prevalent in Scotland.

In a note to p. 442, ch. 44, Mr. Hume has made some remarks about the practice of addressing and serving the monarch on the knee, &c., and says, that Elizabeth's 'successor first allowed his courtiers to omit this ceremony; and, as he exerted not the power, so he relinquished the appearance, of despotism.' But I cannot discover on what grounds he has paid this compliment to James, who, he himself confesses, arrogated a divine uncontrolled right in his language, which his predecessors had not done. We learn from Sully, that James did not omit this ceremony; for Sully declares that he was not a little surprised at the service on the knee, when, as French ambassador, he dined with James (Mem. de Sully, tom. iii. p. 273, edit. à Paris, 1814); and it is incontestible, that Charles exacted

it and every observance in its utmost
rigour. When the trial of that prince
was determined on, the council of
war ordered the ceremony to be
withheld (Whitelocke, p. 365); and
Charles is represented by his attend-
ant, Herbert, to have felt it severely,
saying that he was the first to whom
that mark of respect ever was denied,
and that in former times even sub-
jects of high degree always received
it (Herbert, p. 109). Now, it is
utterly inexplicable how Mr. Hume
should have missed this; for in de-
scribing the situation of Charles on
that occasion, he says, 'All the ex-
terior symbols of sovereignty were
withdrawn, and his attendants had
orders to serve him without ceremony.
At first he was shocked with in-
stances of rudeness and familiarity,
to which he had been so little
accustomed. Nothing so contemptible
as a despised prince was the reflection
which they suggested to him. But
he soon reconciled his mind to this,
as he had done to his other calami-
ties.' Thus, it was a calamity to
him to be deprived of a ceremony
which, in Elizabeth, it was tyranny
to exact. Even Strafford, when
lord-deputy of Ireland, requested
an order that 'on days of meeting
none but noblemen should come

СНАР.

II.

further than the drawing-chamber, that the gallery should only be free for those of the council, and that all their servants should stay in the great chamber, where they and all others were to be bare, as well as in the presence, there being there a state as well as in the other' (Straf. Let. and Dis. vol. i. pp. 200 and 201). Bastwick's account of the reverence exacted by the bishops in Charles I.'s time, as well as of the pomp and state assumed by them, is probably caricatured; but the picture bears internal marks of having been taken from the life, and it is really ridiculous (see his Litany). The fact is, that in former times the manners were remarkably severe. Sons, arrived even at manhood, are represented as standing uncovered and silent in their father's presence; daughters, as standing at the cupboard in their mother's, or only kneeling on a cushion. Sully him

self, though he was surprised at the service on the knee at the English court, reposed, while his family stood at a distance (Henry, vol. xii. p. 353). With regard to kneeling, though I confess I have attended little to these trifles, I apprehend, from several passages I have met with, that it was the old fashion, for which we have substituted bowing, and which is yet retained by the ladies, for the courtesy is just that ceremony mutilated, as bowing is a mutilated kind of prostration. Everyone remembers the following passage in Shakspeare:

Off goes his bonnet to an oyster-wench;
A brace of draymen bid. God speed him well,
And had the tribute of his supple knee.

In the description of 'Queen Mab,' by Mercutio, he says:

In this state she gallops night by night On courtiers' knees that dream on court'sies straight.

PROGRESS OF SOCIETY.

241

CHAPTER III.

TRACING THE PROGRESS OF SOCIETY, AND INVESTIGATING THE
VARIOUS CIRCUMSTANCES WHICH AFFECTED THE CONSTITUTION OF
ENGLAND DURING THE REIGN OF JAMES I.

WE have seen that, throughout all the fluctuations of society, the grand principles of the constitution had been still maintained. Circumstances had conferred great influence upon the Crown; but it had operated through the ancient channels of the government, and had thus preserved for the other branches of the legislature the right of vindicating public privileges, and redressing grievances, without innovating upon established principles.

Though the free importation of manufactures, the laws against trading in grain, the injudicious attempts of the legislature to regulate the wages of labour, the enforcing of long apprenticeships to the most vulgar trades, and the abominable practice of granting monopolies, had impeded the progress of improvement, there had been still a great advance. The woollen manufactures flourished in a high degree; and some towns had risen to considerable opulence by commerce. Crowded streets, miserable dwellings, wretched food, filth-all evils in themselves—were yet attended with certain benefits to posterity; for, by occasioning plagues, and thus sweeping off a large portion of the population, they raised the wages of labour, and consequently the profits of stock, and, by unexpectedly opening rich successions, enabled many, by the accumulation of capital, to extend their concerns and improve their machinery. Leases of large tracts had improved the

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СНАР.
III.

III.

CHAP. wealth of the country inhabitants;* and the demand for home manufactures, as well as for the articles of commerce, bearing a proportion to the increasing opulence, necessarily afforded employment to a number of hands, and more widely diffused wealth. While society was thus in a progressive state of improvement, in spite of much. impolicy, the national prosperity was rapidly promoted by religious persecutions on the Continent. Antwerp, long famous for her manufactures, had annually furnished England to a large amount; but having been sacked in the year 1585, through the furious bigotry of the Spanish court, she no longer outrivalled the English in their own market, while a great portion of her rich and industrious inhabitants, driven from their native city, sought an asylum in that country, into which they imported their skill and capital. Many articles formerly supplied by foreigners were now provided at home. The demand for manufacturing labour therefore increased, and, as the number who could purchase the necessaries of life augmented, a new spring was given to agriculture by the home consumption of the produce of the soil; while the improved state of the country population reacted in giving additional employment to the manufacturing classes. The general prosperity was accelerated, likewise, by emigration, particularly to the American colonies, which were established under James, and which operated not only in opening an outlet to the superfluous population, but in creating a new market for manufactures.

:

Towns give the tone to public feeling there only genius, though elsewhere exerted, meets with its reward. Thither resort men of intelligence and independent fortunes, who naturally canvass the measures of government, and acquire a bolder and more decided character by the

This is evident from Harrison; and from what Spencer says of leases in his Account of Ireland, as well as from the information we derive from various sources, I apprehend that

leases were more common in England in that age than now.

† Anderson's Hist. of Commerce, vol. ii. p. 158.

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