unwritten fundamental laws which regulate the most important rights of
the higher magistrates, and the most essential privileges[23] of the
subjects._ "Such a body of political laws must in all countries arise
out of the character and situation of a people; they must grow with its
progress, be adapted to its peculiarities, change with its changes; and
be incorporated into its habits. Human wisdom cannot form such a
constitution by one act, for human wisdom cannot create the materials of
which it is composed. The attempt, always ineffectual, to change by
violence the ancient habits of men, and the established order of
society, so as to fit them for an absolutely new scheme of government,
flows from the most presumptuous ignorance, requires the support of the
most ferocious tyranny, and leads to consequences which its authors can
never foresee; generally, indeed, to institutions the most opposite to
those of which they profess to seek the establishment.[24] But human
wisdom indefatigably employed for remedying abuses, and in seizing
favourable opportunities of improving that order of society which arises
from causes over which we have little control, after the reforms and
amendments of a series of ages, has sometimes, though very rarely,[25]
shewn itself capable of building up a free constitution, which is "the
growth of time and nature, rather than the work of human invention."
Such a constitution can only be formed by the wise imitation of "_the
great innovator_ TIME, which, indeed, innovateth greatly, but quietly,
and by degrees scarce to be perceived."[26] Without descending to the
puerile ostentation of panegyric, on that of which all mankind confess
the excellence, I may observe, with truth and soberness, that a free
government not only establishes an universal security against wrong, but
that it also cherishes all the noblest powers of the human mind; that it
tends to banish both the mean and the ferocious vices; that it improves
the national character to which it is adapted, and out of which it
grows; that its whole administration is a practical school of honesty
and humanity; and that there the social affections, expanded into public
spirit, gain a wider sphere, and a more active spring.
I shall conclude what I have to offer on government, by an account of
the constitution of England. I shall endeavour to trace the progress of
that constitution by the light of history, of laws, and of records, from
the earliest
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