A veto on the appointment of ministers was demanded. But this veto Parliament has virtually possessed ever since the Revolution. It is no doubt very far better that this power of the Legislature should be exercised as it is now exercised, when any great occasion calls for interference, than that at every change the Commons should have to signify their approbation or disapprobation in form. But, unless a new family had been placed on the throne, we do not see how this power could have been exercised as it is now exercised. We again repeat that no restraints which could be imposed on the princes who reigned after the Revolution could have added to the security, which their title afforded. They were compelled to court their parliaments. But from Charles nothing was to be expected which was not set down in the bond.
It was not stipulated that the King should give up his negative on acts of Parliament. But the Commons, had certainly shown a strong disposition to exact this security also. “Such a doctrine,” says Mr. Hallam, “was in this country as repugnant to the whole history of our laws, as it was incompatible with the subsistence of the monarchy in anything more than a nominal preeminence.” Now this article has been as completely carried into elect by the Revolution as if it had been formally inserted in the Bill of Rights and the Act of Settlement. We are surprised, we confess, that Mr. Hallam should attach so much importance to a prerogative which has not been exercised for a hundred and thirty years, which probably will never be exercised again, and which can scarcely, in any conceivable case, be exercised for a salutary purpose.
But the great security, the security without which every other would have been insufficient, was the power of the sword. This both parties thoroughly understood. The Parliament insisted on having the command of the militia and the direction of the Irish war. “By God, not for an hour!” exclaimed the King. “Keep the militia,” said the Queen, after the defeat of the royal party. “Keep the militia; that will bring back everything.” That, by the old constitution, no military authority was lodged in the Parliament, Mr. Hallam has clearly shown. That it is a species of authority which ought, not to be permanently lodged in large and divided assemblies, must, we think in fairness be conceded. Opposition, publicity, long discussion, frequent compromise; these are the characteristics of the proceedings of such assemblies. Unity, secrecy, decision, are the qualities which military arrangements require. There were, therefore, serious objections to the proposition of the Houses on this subject. But, on the other hand, to trust such a King, at such a crisis, with the very weapon which, in hands less dangerous, had destroyed so many free constitutions, would have been the extreme of rashness. The jealousy with which the oligarchy of Venice and the States of Holland regarded their generals and armies induced them perpetually to interfere in matters of which they were incompetent to judge. This policy secured them against military usurpation, but placed them, under great disadvantages in war. The uncontrolled power which the King of France exercised over his troops enabled him to conquer his enemies, but enabled him also to oppress his people. Was there any intermediate course? None, we confess altogether free from objection. But on the whole, we conceive that the best measure would have been that which the Parliament over and over proposed, namely, that for a limited time the power of the sword should be left to the two Houses, and that it should revert to the Crown when the constitution should be firmly established, and when the new securities of freedom should be so far strengthened by prescription that it would be difficult to employ even a standing army for the purpose of subverting them.
Mr. Hallam thinks that the dispute might easily have been compromised, by enacting that, the King should have no power to keep a standing army on foot without the consent of Parliament. He reasons as if the question had been merely theoretical, and as if at that time no army had been wanted. “The kingdom,” he says, “might have well dispensed, in that age, with any military organisation.” Now, we think that Mr. Hallam overlooks the most important circumstance in the whole case. Ireland was actually in rebellion; and a great expedition would obviously be necessary to reduce that kingdom to obedience. The Houses had therefore to consider, not at abstract question of law, but an urgent practical question, directly involving the safety of the state. They had to consider the expediency of immediately giving a great army to a King who was, at least, as desirous to put down the Parliament of England as to conquer the insurgents of Ireland.
Of course we do not mean to defend all the measures of the Houses. Far from it. There never was a perfect man. It would, therefore, be the height of absurdity to expect a perfect party or a perfect assembly. For large bodies are far more likely to err than individuals. The passions are inflamed by sympathy; the fear of punishment and the sense of shame are diminished by partition. Every day we see men do for their faction what they would die rather than do for themselves.
Scarcely any private quarrel ever happens, in which the right and wrong are so exquisitely divided that all the right lies on one side, and all the wrong on the other. But here was a schism which separated a great nation into two parties. Of these parties, each was composed of many smaller parties. Each contained many members, who differed far less from their moderate opponents than from their violent allies. Each reckoned among its supporters many who were determined in their choice by some accident of birth, of connection, or of local situation. Each of them attracted to itself in multitudes those fierce and turbid spirits, to whom the clouds and whirlwinds of the political hurricane are the atmosphere of life. A party, like a camp, has its sutlers and camp-followers, as well as its soldiers. In its progress it collects round it a vast retinue, composed of people who thrive by its custom or are amused by its display, who may be sometimes reckoned, in an ostentatious enumeration, as forming a part of it, but who give no aid to its operations, and take but a languid interest in its success, who relax its discipline and dishonour its flag by their irregularities, and who, after a disaster, are perfectly ready to cut the throats and rifle the baggage of their companions.
Thus it is in every great division; and thus it was in our civil war. On both sides there was, undoubtedly, enough of crime and enough of error to disgust any man who did not reflect that the whole history of the species is made up of little except crimes and errors. Misanthropy is not the temper which qualifies a man to act in great affairs, or to judge of them.
“Of the Parliament,” says Mr. Hallam, “it may be said I think, with not greater severity than truth, that scarce two or three public acts of justice, humanity, or generosity, and very few of political wisdom or courage, are recorded of them, from their quarrel with the King, to their expulsion by Cromwell.” Those who may agree with us in the opinion which we have expressed as to the original demands of the Parliament will scarcely concur in this strong censure. The propositions which the Houses made at Oxford, at Uxbridge, and at Newcastle, were in strict accordance with these demands. In the darkest period of the war, they showed no disposition to concede any vital principle. In the fulness of their success, they showed no disposition to encroach beyond these limits. In this respect we cannot but think that they showed justice and generosity, as well as political wisdom and courage.
The Parliament was certainly far from faultless. We fully agree with Mr. Hallam in reprobating their treatment of Laud. For the individual, indeed, we entertain a more unmitigated contempt than, for any other character in our history. The fondness with which a portion of the church regards his memory, can be compared only to that perversity of affection which sometimes leads a mother to select the monster or the idiot of the family as the object of her especial favour, Mr. Hallam has incidentally observed, that, in the correspondence of Laud with Strafford, there are no indications of a sense of