The Second Part of Henry the Sixth • Paragraph 70
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It is said that the king, when at the summit of his power, was far from happy; and a notion has been generally entertained that not long before his death he had resolved upon the recall of Monmouth, and a correspondent change of system. That some such change was apprehended seems extremely probable, from the earnest desire which the court of France, as well as the Duke of York's party in England, entertained, in the last years of Charles's life, to remove the Marquis of Halifax, who was supposed to have friendly dispositions to Monmouth. Among the various objections to that nobleman's political principles, we find the charge most relied upon, for the purpose of injuring him in the mind of the king, was founded on the opinion he had delivered in council, in favour of modelling the charters of the British colonies in North America upon the principles of the rights and privileges of Englishmen. There was no room to doubt (he was accused of saying) that the same laws under which we live in England, should be established in a country composed of Englishmen. He even dilated upon this, and omitted none of the reasons by which it can be proved that an absolute government is neither so happy nor so safe as that which is tempered by laws, and which limits the authority of the prince. He exaggerated, it was said, the mischiefs of a sovereign power, and declared plainly that he could not make up his mind to live under a king who should have it in his power to take, when he pleased, the money he might have in his pocket. All the other ministers had combated, as might be expected, sentiments so extraordinary; and without entering into the general question of the comparative value of different forms of government, maintained that his majesty could and ought to govern countries so distant in the manner that should appear to him most suitable for preserving or augmenting the strength and riches of the mother country. It had been, therefore, resolved that the government and council of the provinces under the new charter should not be obliged to call assemblies of the colonists for the purpose of imposing taxes, or making other important regulations, but should do what they thought fit, without rendering any account of their actions except to his Britannic Majesty. The affair having been so decided with a concurrence only short of unanimity, was no longer considered as a matter of importance, nor would it be worth recording, if the Duke of York and the French court had not fastened upon it, as affording the best evidence of the danger to be apprehended from having a man of Halifax's principles in any situation of trust or power. There is something curious in discovering that even at this early period a question relative to North American liberty, and even to North American taxation, was considered as the test of principles friendly or adverse to arbitrary power at home. But the truth is, that among the several controversies which have arisen there is no other wherein the natural rights of man on the one hand, and the authority of artificial institution on the other, as applied respectively by the Whigs and Tories to the English constitution, are so fairly put in issue, nor by which the line of separation between the two parties is so strongly and distinctly marked.