In the nineteen propositions we see very little to blame except the articles against the Catholics. These, however, were in the spirit of that age; and to some sturdy churchmen in our own, they may seem to palliate even the good which the Long Parliament effected. The regulation with respect to new creations of Peers is the only other article about which we entertain any doubt. One of the propositions is that the judges shall hold their offices during good behaviour. To this surely no exception will be taken.
The right of directing the education and marriage of the princes was most properly claimed by the Parliament, on the same ground on which, after the Revolution, it was enacted, that no king, on pain of forfeiting, his throne, should espouse a Papist. Unless we condemn the statesmen of the Revolution, who conceived that England could not safely be governed by a sovereign married to a Catholic queen, we can scarcely condemn the Long Parliament because, having a sovereign so situated, they thought it necessary to place him under strict restraints. The influence of Henrietta Maria had already been deeply felt in political affairs. In the regulation of her family, in the education and marriage of her children, it was still more likely to be felt;
There might be another Catholic queen; possibly a Catholic king.
Little, as we are disposed to join in the vulgar clamour on this subject, we think that such an event ought to be, if possible, averted; and this could only be done, if Charles was to be left on the throne, by placing his domestic arrangements under the control of Parliament.
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.