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This Book List Sectory 10
Page 03
In the history of constitutional liberty, of which the Great Charter is the beginning, its specific provisions are of far less importance than its underlying principle. What we to-day consider the great safeguards of Anglo-Saxon liberty are all conspicuously absent from the first of its creative statutes, nor could any of them have been explained in the meaning we give them to the understanding of the men who framed the charter. Consent to taxation in the modern sense is not there; neither taxation nor consent. Trial by jury is not there in that form of it which became a check on arbitrary power, nor is it referred to at all in the clause which has been said to embody it. Parliament, habeas corpus, bail, the independence of the judiciary, are all of later growth, or existed only in rudimentary form. Nor can the charter be properly called a contract between king and nation. The idea of the nation, as we now hold it, was still in the future, to be called into existence by the circumstances of the next reign. The idea of contract certainly pervades the document, but only as the expression of the always existent contract between the suzerain and his vassals which was the foundation of all feudal law. On the other hand, some of the provisions of our civil liberty, mainly in the interest of individual rights, are plainly present. That private property shall not be taken for public use without just compensation, that cruel and unusual punishments shall not be inflicted nor excessive fines be imposed, that justice shall be free and fair to all, these may be found almost in modern form.
Well-born, ennobled by royalty, successful in both court and studio, Rubens lived brilliantly and his life was a series of triumphs. He painted enormous canvases, and the number of pictures, altar-pieces, mythological decorations, landscapes, portraits scattered throughout the galleries of Europe, and attributed to him, is simply amazing. He was undoubtedly helped in many of his canvases by his pupils, but the works painted by his own hand make a world of art in themselves. He was the greatest painter of the North, a full-rounded, complete genius, comparable to Titian in his universality. His precursors and masters, Van Noort (1562-1641) and Vaenius (1558-1629), gave no strong indication of the greatness of Ruben's art, and his many pupils, though echoing his methods, never rose to his height in mental or artistic grasp.
The Anglo-Saxons commenced their career as pirates and robbers, and as pirates and robbers of the most desperate and dangerous description. In fact, the character which the Anglo-Saxons have obtained in modern times for energy and enterprise, and for desperate daring in their conflicts with foes, is no recent fame. The progenitors of the present race were celebrated every where, and every where feared and dreaded, not only in the days of Alfred, but several centuries before. All the historians of those days that speak of them at all, describe them as universally distinguished above their neighbors for their energy and vehemence of character, their mental and physical superiority, and for the wild and daring expeditions to which their spirit of enterprise and activity were continually impelling them. They built vessels, in which they boldly put forth on the waters of the German Ocean or of the Baltic Sea on excursions for conquest or plunder. Like their present posterity on the British isles and on the shores of the Atlantic, they cared not, in these voyages, whether it was summer or winter, calm or storm. In fact, they sailed often in tempests and storms by choice, so as to come upon their enemies the more unexpectedly.
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