eir 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 than the question whether the
administration of that family had or had not been in accordance with the
ancient constitution of the kingdom. This question could be decided only
by reference to the records of preceding reigns. Bracton and Fleta, the
Mirror of Justice and the Rolls of Parliament, were ransacked to find
pretexts for the excesses of the Star Chamber on one side, and of the
High Court of Justice on the other. During a long course of years every
Whig historian was anxious to prove that the old English government was
all but republican, every Tory historian to prove that it was all but
despotic.
With such feelings, both parties looked into the chronicles of the
middle ages. Both readily found what they sought; and both obstinately
refused to see anything but what they sought. The champions of the
Stuarts could easily point out instances of oppression exercised on
the subject. The defenders of the Roundheads could as easily produce
instances of determined and successful resistance offered to the Crown.
The Tories quoted, from ancient writings, expressions almost as servile
as were heard from the pulpit of Mainwaring. The Whigs discovered
expressions as bold and severe as any that resounded from the judgment
seat of Bradshaw. One set of writers adduced numerous instances in which
Kings had extorted money without the authority of Parliament. Another
set cited cases in which the Parliament had assumed to itself the power
of inflicting punishment on Kings. Those who saw only one half of the
evidence would have concluded that the Plantagenets were as absolute
as the Sultans of Turkey: those who saw only the other half would have
concluded that the Plantagenets had as little real power as the Doges
of Venice; and both conclusions would have been equally remote from the
truth.
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