Page:History of England (Macaulay) Vol 1.djvu/41

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.

underrate the power of the Kings of the house of Valois. The privileges of the States General, of the States of Britanny, of the States of Burgundy, are to him matters of as little practical importance as the constitution of the Jewish Sanhedrim or of the Amphictyonic Council. The gulph of a great revolution completely separates the new from the old system. No such chasm divides the existence of the English nation into two distinct parts. Our laws and customs have never been lost in general and irreparable ruin. With us the precedents of the middle ages are still valid precedents, and are still cited, on the gravest occasions, by the most eminent Statesmen. For example, when King George the Third was attacked by the malady which made him incapable of performing his regal functions, and when the most distinguished lawyers and politicians differed widely as to the course which ought, in such circumstances, to be pursued, the Houses of Parliament would not proceed to discuss any plan of regency till all the precedents which were to be found in our annals, from the earliest times, had been collected and arranged. Committees were appointed to examine the ancient records of the realm. The first case reported was that of the year 1217: much importance was attached to the cases of 1326, of 1377, and of 1422: but the case which was justly considered as most in point was that of 1455. Thus in our country the dearest interests of parties have frequently been on the results of the researches of antiquaries. The inevitable consequence was that our antiquaries conducted their researches in the spirit of partisans.

It is therefore not surprising that those who have written concerning the limits of prerogative and liberty in the old polity of England should generally have shown the temper, not of judges, but of angry and uncandid advocates. For they were discussing, not a speculative matter, but a matter which had a direct and practical connection with the most momentous and exciting disputes of their own day. From the commencement of the long contest between the Parliament and the Stuarts down to the time when the pretensions of the Stuarts ceased to be formidable, few questions were practically more important