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HALLAM.

(EDINBURGH REVIEW, SEPT., 1828.)

The Constitutional History of England, from the Accession of Henry

VII. to the Death of George II. 1827.

HISTORY, at least in its state of ideal perfection, is a compound of poetry and philosophy. It impresses History, poetry, general truths on the mind and philosophy. by a vivid representation of particular characters and incidents. But, in fact, the two hostile elements of which it consists have never been known to form a perfect amalgamation; and, at length, in our own time they have been completely and professedly separated. Good histories, in the proper sense of the word, we have not. But we have good historical romances, and good historical essays. The imagination and the reason, if we may use a legal metaphor, have made partition of a province of literature of which they were formerly seised per my et per tout; and now they hold their respective portions in severalty, instead of holding the whole in common.

To make the past present, to bring the distant near, to place us in the society of a great man, or on the eminence which overlooks the field of a mighty battle, to invest with the reality of human flesh and blood beings whom we are too much inclined to consider as personified qualities in an allegory, to call up our ancestors before us with all their peculiarities of language, manners, and garb, to show us over their houses, to seat us at their tables, to rummage their old-fashioned wardrobes, to explain the uses of their ponderous furniture, these parts of the duty which properly belongs to the historian have been appropriated by the historical novelist. Оп the other hand, to extract the philosophy of history, to direct our judgment of events and men, to trace the connection of causes

Novelist and historian.

By HENRY HALLAM. In 2 vols.

and effects, and to draw from the occurrences of former times general lessons of moral and political wisdom, has become the business of a distinct class of writers.

Of the two kinds of composition into which history has been thus divided, the one may be compared to a map, the other to a painted landscape. The picture, though it places the country before us, does not enable us to ascertain with accuracy the dimensions, the distances, and the angles. The map is not a work of imitative art. It presents no scene to the imagination; but it gives us exact information as to the bearings of the various points, and is a more useful companion to the traveller or the general than the painted landscape could be, though it were the grandest that ever Rosa peopled with outlaws, or the sweetest over which Claude ever poured the mellow effulgence of a setting

sun.

Imagination

and information.

Historical novels on the Continent.

It is remarkable that the practice of separating the two ingredients of which history is composed has become prevalent on the Continent as well as in this country. Italy has already produced a historical novel of high merit, and of still higher promise. In France the practice has been carried to a length somewhat whimsical. M.Sismondi publishes a grave and stately history of the Merovingian Kings, very valuable, and a little tedious. He then sends forth as a companion to it a novel, in which he attempts to give a lively representation of characters and manners. This course, as it seems to us, has all the disadvantages of a division of labour, and none of its advantages. We understand

the expediency of keeping the functions of the cook and coachman distinct. The dinner will be better dressed, and the horses better managed. But where the two situations are united, as in the Maître Jacques of Molière, we do not see that the matter is much mended by the solemn form with which the pluralist passes from one of his employments to the other.

We manage these things better in England. Sir Walter Scott gives us a novel; Mr. Hallam a critical and argumentative history. Both are occupied with the same matter. But the former looks at it with the eye of a sculptor. His intention is to give an express and lively image of its external form. The latter is an anatomist. His task is to dissect the subject to its inmost recesses, and to lay bare before us all the springs of motion, and all the causes of decay.

Mr. Hallam is, on the whole, far better qualified than any other writer of our time for the office which he has undertaken. He has great industry and great acuteness. His knowledge is extensive, various, and profound. His mind is equally distinguished by the amplitude of its grasp, and by the delicacy of its tact. His speculations have none of that vagueness which is the common fault of political philosophy. On the contrary, they are strikingly practical, and teach us not only the general rule, but the mode of applying it to solve particular cases. In this respect they often remind us of the Discourses of Machiavelli,

Practical speculations.

The style is sometimes harsh, and sometimes obscure. We have also here and there remarked a little of that unpleasant trick, which Gibbon brought into fashion, the trick, we mean, of telling a story by implication and allusion. Mr. Hallam, however, has an excuse which Gibbon had not. His work is designed for readers who are already acquainted with the ordinary books on English history, and who can therefore unriddle these little enigmas without difficulty. The manner of the book is, on the whole, not unworthy of the matter. The language, even where most faulty, is weighty and massive, and indicates strong sense in every line. It often rises to an eloquence, not florid or impassioned, but high, grave, and sober; such as would become a state paper, or a judgment delivered by a great magistrate, a Somers or a D'Aguesseau.

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is that of the bench, not that of the bar. He sums up with a calm, steady impartiality, turning neither to the right nor to the left, glossing over nothing, exaggerating nothing, while the advocates on both sides are alternately biting their lips to hear their conflicting misstatements and sophisms exposed. On a general survey, we do not scruple to pronounce the Constitutional History the most impartial book that we ever read. We think it the more incumbent on us to bear this testimony strongly at first setting out, because, in the course of our remarks, we shall think it right to dwell principally on those parts of it from which we dissent.

There is one peculiarity about Mr. Hallam which, while it adds to the value of his writings, will, we fear, take away something from their popularity. He is less of a worshipper than any historian whom we can call to mind. Every political sect has its esoteric and its exoteric school, its abstract doctrines for the initiated, its visible symbols, its imposing forms, its mythological fables for the vulgar. It assists the devotion of those who are unable to raise themselves to the contemplation of pure truths by all the devices of Pagan or in Papal superstition. It has its altars and its deified heroes, its relics and pilgrimages, its canonized martyrs and confessors, its festivals and its legendary miracles. Our pious ancestors, we are told, deserted the High Altar of Canterbury, to lay all their oblations on the shrine of St. Thomas. In the same manner the great and comfortable doctrines of the Tory creed, those particu larly which relate to re

Political doctrines.

strictions on worship and on trade, are adored by squires and rectors in Pitt Clubs, under the name of a minister who was a bad representative of the system which has been christened after him as Becket of the spirit of the Gospel. On the other hand, the cause for which Hampden bled on the field and Sydney on the scaffold is enthusiastically toasted by many an honest radical who would be puzzled to explain the difference between Ship-money and the Habeas Corpus Act. It may be added that, as in religion, so in politics, few even of those who are

enlightened enough to comprehend the meaning latent under the emblems of their faith can resist the contagion of the popular superstition. Often when they flatter themselves that they are merely feigning a compliance with the prejudices of the vulgar, they are themselves under the influence of those very prejudices. It probably was not altogether on grounds of expediency that Socrates taught his followers to honour the gods whom the state honoured, and bequeathed a cock to Esculapius with his dying breath. So there is often a portion of willing credulity and enthusiasm in the veneration which the most discerning men pay to their political idols. From the very nature of man it must be so. The faculty by which we inseparably associate ideas which have often been presented to us in conjunction is not under the absolute control of the will. It may be quickened into morbid activity. It may be reasoned into sluggishness. But in a certain degree it will always exist. The almost absolute mastery which Mr. Hallam has obtained over feelings of this class is perfectly astonishing to us, and will, we believe, be not only astonishing but offensive to many of his readers. It must particularly disgust those people who, in their speculations on politics, are not reasoners but

fancy.

fanciers; whose opinions, Reason and even when sincere, are not produced, according to the ordinary law of intellectual births, by induction or inference, but are equivocally generated by the heat of fervid tempers out of the overflowing of tumid imaginations. A man of this class is always in extremes. He cannot be a friend to liberty without calling for a community of goods, or a friend to order without taking under his protection the foulest excesses of tyranny. His admiration oscillates between the most worthless of rebels and the most worthless of oppressors, between Marten, the disgrace of the High Court of Justice, and Laud, the disgrace of the Star Chamber. He can forgive anything but temperance and impartiality. He has a certain sympathy with the violence of his opponents, as well as with that of his associates. In every furious partisan he sees either his present self or his former self, the pensioner that is, or the Jacobin that has been. But he is unable to comprehend a writer who, steadily attached to principles, is indifferent

about names and badges, and who judges of characters with equable severity, not altogether untinctured with cynicism, but free from the slightest touch of passion, party spirit, or caprice.

We should probably like Mr. Hallam's book more if, instead of pointing out with strict fidelity the points and the dark spots of both parties, he had exerted himself to whitewash the one and to blacken the other. But we should certainly prize it far less. Eulogy and invective may be had for the asking. But for cold rigid justice, the one weight and the one measure, we know not where else we can look.

No portion of our annals has been more perplexed and misrepresented by writers of different parties than the history of the Reformation. In this labyrinth of falsehood and sophistry the guidance of Mr. Hallam is peculiarly valuable. It is impossible not to admire the even-handed justice with which he deals out castigation to right and left on the rival persecutors.

Even-handed justice.

It is vehemently maintained by some writers of the present day that Elizabeth persecuted neither Papists nor Puritans as such, and occasionally the severe measures she adopted were dictated, not by religious intolerance, but by political necessity. Even the excellent account of these times which Mr. Hallam has given has not altogether imposed silence on the authors of this fallacy. The title of the Queen, they say, was annulled by the Pope; her throne was given to another; her subjects were incited to rebellion; her life was menaced; every Catholic was bound in conscience to be a traitor; it was therefore against traitors, not against Catholics, that the penal laws were enacted.

Penal laws of Elizabeth.

That our readers may be fully competent to appreciate the merits of this defence, we will state, as concisely as possibly, the substance of some of these laws.

As soon as Elizabeth ascended the throne, and before the least hostility to her government had been shown by the Catholic population, an act passed prohibiting the celebration of the rites of the Romish Church, on pain of forfeiture for the first offence, of a year's imprisonment for the second, and of perpetual imprisonment for the third.

A law was next made in 1562, enacting

that all who had ever graduated at the Universities or received holy orders, all lawyers, and all magistrates, should take

supremacy.

the oath of supremacy The oath of when tendered to them, on pain of forfeiture and imprisonment during the royal pleasure. After the lapse of three months, the oath might again be tendered to them; and, if it were again refused, the recusant was guilty of high treason. A prospective law, however severe, framed to exclude Catholics from the liberal professions, would have been mercy itself compared with this odious act. It is a retrospective statute; it is a retrospective penal statute; it is a retrospective penal statute against a large class. We will not positively affirm that a law of this description may always, and under all circumstances, be unjustifiable. But the presumption against it is most violent; nor do we remember any crisis, either in our own history or in the history of any other country, which would have rendered such a provision necessary. But in the present, what circumstances called for extraordinary rigour? There might be disaffection among the Catholics. The prohibition of their worship would naturally produce it. But it is from their situation, not from their conduct, from the wrongs which they had suffered, not from those which they had committed, that the existence of discontent among them must be inferred. There were libels, no doubt, and prophecies, and rumours, and suspicions, strange grounds for a law inflicting capital penalties, ex post facto, on a large body of

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in arms to seat a Pretender on her throne. But before Mary had given, or could give, provocation,

Mary and Elizabeth.

the most distinguished Accession of Protestants attempted to set aside her rights in favour of the Lady Jane. That attempt, and the subsequent insurrection of Wyatt, furnished at least as good a plea for the burning of Protestants, as the conspiracies against Elizabeth furnish for the hanging and embowelling of Papists.

The fact is that both pleas are worthless alike. If such arguments are to pass current, it will be easy to prove that there was never was such a thing as religious persecution since the creation. For there never was a religious persecution in which some odious crime

Religious persecution.

was not, justly or unjustly, said to be obviously deducible from the doctrines of the persecuted party. We might say that the Cæsars did not persecute the Christians; that they only punished men who were charged, rightly or wrongly, with burning Rome, and with committing the foulest abominations in their assemblies; that the refusal to throw frankincense on the altar of Jupiter was not the crime, but only evidence of the crime. We might say that the massacre of St. Bartholomew was intended to extirpate, not a religious sect, but a political party. For, beyond all doubt, the proceedings of the Huguenots, from the conspiracy of Amboise to the battle of Moncontour, had given much more trouble to the French monarchy than the Catholics have ever given to the English since the Reformation; and that too with much less excuse.

The true distinction is perfectly obvious. To punish a man because he has committed a crime, or because he is believed, though unjustly, to have committed a crime, is not persecution. To punish a man, because we infer from the nature of some doctrine which he holds, or from the conduct of other persons who hold the same doctrine with him, that he will commit a crime, is persecution, and is, in every case, foolish and wicked.

distinctions.

Obvious

When Elizabeth put Ballard and Babington to death, she was not persecuting. Nor should we have accused her govern ment of persecution for passing any law, however severe, against overt acts of sedition. But to argue that, because a man is a Catholic, he must think it right to murder a heretical sovereign

and that because he thinks it right he will attempt to do it, and then, to found on this conclusion a law for punishing him as if he had done it, is plain persecution.

If, indeed, all men reasoned in the same manner on the same data, and always did what they thought it their duty to do, this mode of dispensing punishment might be extremely judicious. But as people who agree about premises often disagree about conclusions, and as no man in the world acts up to his own standard of right, there are two enormous gaps in the logic by which alone penalties for opinions can be defended. The doctrine of reprobation, in the judgment of many very able men, follows by syllogistic necessity from the doctrine of election. Others conceive that the Antinomian heresies directly follow from the doctrine of reprobation; and it is very generally thought that licentiousness and cruelty of the worst description are likely to be the fruits, as they often have been the fruits, of Antinomian and Manichean opinions. This Antinomians chain of reasoning, we and Manicheans. think, is as perfect in all its parts as that which makes out a Papist to be necessarily a traitor. Yet it would be rather a strong measure to hang all the Calvinists, on the ground that, if they were spared, they would infallibly commit a the atrocities of Matthias and Knipperdoling. For, reason the matter as we may, experience shows us that a man may believe in election without believing in reprobation, that he may believe in reprobation without being an Antinomian, and that he may be an Antinomian without being a bad citizen. Man, in short, is so inconsistent a creature that it is impossible to reason from his belief to his conduct, or from one part of his belief to another.

We do not believe that every Englishman who was reconciled to the Catholic Church would, as a necessary consequence, have thought himself justified in deposing or assassinating Elizabeth. It is not sufficient to say that the convert must have acknowledged the authority of the Pope, and that the Pope had issued a bull against the Queen. We know through what strange loopholes the human mind contrives to escape, when it wishes to avoid a disagreeable inference from an admitted proposition. We know how long the

Roman Catholics and Elizabeth.

Jansenists contrived to believe the Pope infallible in matters of doctrine, and at the same time to believe doctrines which

he pronounced to be heretical. Let it pass, however, that every Catholic in the kingdom thought that Elizabeth might be lawfully murdered. Still the old maxim, that what is the business of everybody is the business of nobody, is particularly likely to hold good in a case in which a cruel death is the almost inevitable consequence of making any attempt.

Of the ten thousand clergymen of the Church of England, there is scarcely one who would not say that a man who should leave his country and friends to preach the Gospel among savages, and who should, after labouring indefatigably without any hope of reward, terminate his life by martyrdom, would deserve the warmest admiration. Yet we doubt whether ten of the ten thousand ever thought of going on such an expedition. Why should we suppose that conscientious motives, feeble as they are constantly found to be in a good cause, should be omnipotent for evil? Doubtless there was many a jolly Popish priest in the old manor-houses of the northern counties, who would have admitted, in theory, the deposing power of the Pope, but who would not have been ambitious to be stretched on the rack, even though it were to be used, according to the benevolent proviso of Lord Burleigh, "as charitably as such a thing can be," or to be hanged, drawn, and quartered, even though, by that rare indulgence which the Queen, of her special grace, certain knowledge, and mere motion, sometimes extended to very mitigated cases, he were allowed a fair time to choke before the hangman began to grabble in his entrails.

Theory and practice.

But the laws passed against the Puritans had not even the wretched excuse which we have been considering. In this case the cruelty was equal, the danger infinitely less. In fact, the danger was created solely by the cruelty. But it is superfluous to press the argument. By no artifice of ingenuity can the stigma of persecution, the worst blemish of the English Church, be effaced or patched over. Her doctrines, we well know, do not tend to intolerance. She admits the possibility of salvation out of her own pale. But this

The English Church.

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