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THE HISTORY OF FREEDOM AND OTHER ESSAYS

MACMILLAN AND CO., Limited

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TORONTO

THE

HISTORY OF FREEDOM

AND OTHER ESSAYS

BY

JOHN EMERICH EDWARD DALBERG-ACTON

FIRST BARON ACTON

D.C.L., L.L.D., ETC. ETC. REGIUS PROFESSOR OF MODERN HISTORY IN THE UNIVERSITY OF CAMBRIDGE

EDITED WITH AN INTRODUCTION BY JOHN NEVILLE FIGGIS, Litt.D.

SOMETIME LECTURER IN ST. CATHARINE'S COLLEGE, CAMBRIDGE

AND

REGINALD VERE LAURENCE, M.A.

FELLOW AND LECTURER OF TRINITY COLLEGE, CAMBRIDGE

MACMILLAN AND CO., LIMITED

ST. MARTIN'S STREET, LONDON

1909

First Edition 1907

Reprinted 1909

PREFATORY NOTE

The Editors desire to thank the members of the Acton family for their help and advice during the preparation of this volume and of the volume of Historical Essays and Studies. They have had the advantage of access to many of Acton's letters, especially those to Döllinger and Lady Blennerhasset. They have thus been provided with valuable material for the Introduction. At the same time they wish to take the entire responsibility for the opinions expressed therein. They are again indebted to Professor Henry Jackson for valuable suggestions.

This volume consists of articles reprinted from the following journals: The Quarterly Review, The English Historical Review, The Nineteenth Century, The Rambler, The Home and Foreign Review, The North British Review, The Bridgnorth Journal. The Editors have to thank Mr. John Murray, Messrs. Longmans, Kegan Paul, Williams and Norgate, and the proprietors of The Bridgnorth Journal for their kind permission to republish these articles, and also the Delegacy of the Clarendon Press for allowing the reprint of the Introduction to Mr. Burd's edition of Il Principe. They desire to point out that in Lord Acton and his Circle the article on "The Protestant Theory of Persecution" is attributed to Simpson: this is an error.

J.N.F. R.V.L.

August 24, 1907.

VII. INTRODUCTION TO L.A. BURD'S EDITION OF IL PRINCIPE BY MACHIAVELLI 212

VIII. MR. GOLDWIN SMITH'S IRISH HISTORY 232

IX. NATIONALITY 270

X. DÖLLINGER ON THE TEMPORAL POWER 301

XI. DÖLLINGER'S HISTORICAL WORK 375

XII. CARDINAL WISEMAN AND THE HOME AND FOREIGN REVIEW 436

XIII. CONFLICTS WITH ROME 461

XIV. THE VATICAN COUNCIL 492

XV. A HISTORY OF THE INQUISITION OF THE MIDDLE AGES. BY HENRY CHARLES LEA 551

XVI. THE AMERICAN COMMONWEALTH. BY JAMES BRYCE 575

XVII. HISTORICAL PHILOSOPHY IN FRANCE AND FRENCH BELGIUM AND SWITZERLAND. BY ROBERT FLINT 588

APPENDIX 597

INDEX 599

CHRONICLE

JOHN EMERICH EDWARD DALBERG-ACTON, born at Naples, 10th January 1834, son of Sir Ferdinand Richard Edward Dalberg-Acton and Marie de Dalberg, afterwards Countess Granville. French school near Paris. 1843-1848. Student at Oscott " " Edinburgh. 1848-1854. " " Munich University, living with Döllinger. 1855. Visits America in company with Lord Ellesmere. 1858-1862. Becomes editor of The Rambler. 1859-1865. M.P. for Carlow. 1862-1864. Founds, edits, and concludes _The Home and Foreign Review_. 1864. Pius IX. issued Quanta Cura, with appended _Syllabus Errorum_. 1865-1866. M.P. for Bridgnorth 1865. Marries Countess Marie Arco-Valley. 1867-1868. Writes for The Chronicle. 1869. Created Baron Acton. 1869-1871. Writes for North British Review. 1869-1870. Vatican Council. Acton at Rome. Writes "Letters of Quirinus" in alleging Zeitung. 1872. Honorary degree at Munich. 1874. Letters to The Times on "The Vatican Decrees." 1888. Honorary degree at Cambridge. 1889. " " Oxford. 1890. Honorary Fellow of All Souls'. 1892-1895. Lord-in-Waiting. 1895-1902. Regius Professor of Modern History at Cambridge Honorary Fellow of Trinity College. 19th June 1902. Died at Tegernsee.

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Introduction

The two volumes here published contain but a small selection from the numerous writings of Acton on a variety of topics, which are to be found scattered through many periodicals of the last half-century. The result here displayed is therefore not complete. A further selection of nearly equal quantity might be made, and still much that is valuable in Acton's work would remain buried. Here, for instance, we have extracted nothing from the Chronicle; and Acton's gifts as a leader-writer remain without illustration. Yet they were remarkable. Rarely did he show to better advantage than in the articles and reviews he wrote in that short-lived rival of the Saturday Review. From the two bound volumes of that single weekly, there might be made a selection which would be of high interest to all who cared to learn what was passing in the minds of the most acute and enlightened members of the Roman Communion at one of the most critical epochs in the history of the papacy. But what could never be reproduced is the general impression of Acton's many contributions to the Rambler, the Home and Foreign, and the North British Review. Perhaps none of his longer and more ceremonious writings can give to the reader so vivid a sense at once of the range of Acton's erudition and the strength of his critical faculty as does the perusal of these short notices. Any one who wished to understand the personality of Acton could not do better than take the published Bibliography and read a few of the articles on "contemporary literature" furnished by him to the three Reviews. In no other way could the reader so clearly realise the complexity of his mind or the vast number of subjects which he could touch with the hand of a master. In a single number there are twenty-eight such notices. His writing before he was thirty years of age shows an intimate and detailed knowledge of documents and authorities which with most students is the "hard won and hardly won" achievement of a lifetime of labour. He always writes as the student, never as the littérateur. Even the memorable phrases which give point to his briefest articles are judicial, not journalistic. Yet he treats of matters which range from the dawn of history through the ancient empires down to subjects so essentially modern as the vast literature of revolutionary France or the leaders of the romantic movement which replaced it. In all these writings of Acton those qualities manifest themselves, which only grew stronger with time, and gave him a distinct and unique place among his contemporaries. Here is the same austere love of truth, the same resolve to dig to the bed-rock of fact, and to exhaust all sources of possible illumination, the same breadth of view and intensity of inquiring ardour, which stimulated his studies and limited his productive power. Above all, there is the same unwavering faith in principles, as affording the only criterion of judgment amid the ever-fluctuating welter of human passions, political manoeuvring, and ecclesiastical intrigue. But this is not all. We note the same value for great books as the source of wisdom, combined with the same enthusiasm for immediate justice which made Acton the despair of the mere academic student, an enigma among men of the world, and a stumbling-block to the politician of the clubs. Beyond this, we find that certainty and decision of judgment, that crisp concentration of phrase, that grave and deliberate irony and that mastery of subtlety, allusion, and wit, which make his interpretation an adventure and his judgment a sword.

A few instances may be given. In criticising a professor of history famous in every way rather than as a student, Acton says, "his Lectures are indeed not entirely unhistorical, for he has borrowed quite discriminatingly from Tocqueville." Of another writer he says that "ideas, if they occur to him, he rejects like temptations to sin." Of Ranke, thinking perhaps also of himself, he declares that "his intimate knowledge of all the contemporary history of Europe is a merit not suited to his insular readers." Of a partisan French writer under Louis Napoleon he says that "he will have a fair grievance if he fails to obtain from a discriminating government some acknowledgment of the services which mere historical science will find it hard to appreciate." Of Laurent he says, that "sometimes it even happens that his information is not second-hand, and there are some original authorities with which he is evidently familiar. The ardour of his opinions, so different from those which have usually distorted history, gives an interest even to his grossest errors. Mr. Buckle, if he had been able to distinguish a good book from a bad one, would have been a tolerable imitation of M. Laurent." Perhaps, however, the most characteristic of these forgotten judgments is the description of Lord Liverpool and the class which supported him. Not even Disraeli painting the leader of that party which he was destined so strangely to "educate" could equal the austere and accurate irony with which Acton, writing as a student, not as a novelist, sums up the characteristics of the class of his birth.

Lord Liverpool governed England in the greatest crisis of the war, and for twelve troubled years of peace, chosen not by the nation, but by the owners of the land. The English gentry were well content with an order of things by which for a century and a quarter they had enjoyed so much prosperity and power. Desiring no change they wished for no ideas. They sympathised with the complacent respectability of Lord Liverpool's character, and knew how to value the safe sterility of his mind. He distanced statesmen like Grenville, Wellesley, and Canning, not in spite of his inferiority, but by reason of it. His mediocrity was his merit. The secret of his policy was that he had none. For six years his administration outdid the Holy Alliance. For five years it led the liberal movement throughout the world. The Prime Minister hardly knew the difference. He it was who forced Canning on the King. In the same spirit he wished his government to include men who were in favour of the Catholic claims and men who were opposed to them. His career exemplifies, not the accidental combination but the natural affinity, between the love of conservatism and the fear of ideas.

The longer essays republished in these volumes exhibit in most of its characteristics a personality which even those who disagreed with his views must allow to have been one of the most remarkable products of European culture in the nineteenth century. They will show in some degree how Acton's mind developed in the three chief periods of his activity, something of the influences which moulded it, a great deal of its preferences and its antipathies, and nearly all its directing ideals. During the first period--roughly to be dated from 1855 to 1863--he was hopefully striving, under the influence of Döllinger (his teacher from the age of seventeen), to educate his co-religionists in breadth and sympathy, and to place before his countrymen ideals of right in politics, which were to him bound up with the Catholic faith. The combination of scientific inquiry with true rules of political justice he claimed, in a letter to Döllinger, as the aim of the Home and Foreign Review. The result is to be seen in a quarterly, forgotten, like all such quarterlies to-day, but far surpassing, alike in knowledge, range, and certainty, any of the other quarterlies, political, or ecclesiastical, or specialist, which the nineteenth century produced. There is indeed no general periodical which comes near to it for thoroughness of erudition and strength of thought, if not for brilliance and ease; while it touches on topics contemporary and political in a way impossible to any specialist journal. A comparison with the British Critic in the religious sphere, with the Edinburgh in the political, will show how in all the weightier matters of learning and thought, the Home and Foreign (indeed the Rambler) was their superior, while it displayed a cosmopolitan interest foreign to most English journals.

We need not recapitulate the story so admirably told already by Doctor Gasquet of the beginning and end of the various journalistic enterprises with which Acton was connected. So far as he was concerned, however, the time may be regarded as that of youth and hope.

Next came what must be termed the "fighting period," when he stood forth as the leader among laymen of the party opposed to that "insolent and aggressive faction" which achieved its imagined triumph at the Vatican Council. This period, which may perhaps be dated from the issue of the Syllabus by Pius IX. in 1864, may be considered to close with the reply to Mr. Gladstone's pamphlet on "The Vatican Decrees," and with the attempt of the famous Cardinal, in whose mind history was identified with heresy, to drive from the Roman communion its most illustrious English layman. Part of this story tells itself in the letters published by the Abbot Gasquet; and more will be known when those to Döllinger are given to the world.

We may date the third period of Acton's life from the failure of Manning's attempt, or indeed a little earlier. He had now given up all attempt to contend against the dominant influence of the Court of Rome, though feeling that loyalty to the Church of his Baptism, as a living body, was independent of the disastrous policy of its hierarchy. During this time he was occupied with the great unrealised project of the history of liberty or in movements of English politics and in the usual avocations of a student. In the earlier part of this period are to be placed some of the best things that Acton ever wrote, such as the lectures on Liberty, here republished. It is characterised by his discovery in the "eighties" that Döllinger and he were divided on the question of the severity of condemnation to be passed on persecutors and their approvers. Acton found to his dismay that Döllinger (like Creighton) was willing to accept pleas in arrest of judgment or at least mitigation of sentence, which the layman's sterner code repudiated. Finding that he had misunderstood his master, Acton was for a time profoundly discouraged, declared himself isolated, and surrendered the outlook of literary work as vain. He found, in fact, that in ecclesiastical as in general politics he was alone, however much he might sympathise with others up to a certain point. On the other hand, these years witnessed a gradual mellowing of his judgment in regard to the prospects of the Church, and its capacity to absorb and interpret in a harmless sense the dogma against whose promulgation he had fought so eagerly. It might also be correct to say that the English element in Acton came out most strongly in this period, closing as it did with the Cambridge Professorship, and including the development of the friendship between himself and Mr. Gladstone.

We have spoken both of the English element in Acton and of his European importance. This is the only way in which it is possible to present or understand him. There were in him strains of many races. On his father's side he was an English country squire, but foreign residence and the Neapolitan Court had largely affected the family, in addition to that flavour of cosmopolitan culture which belongs to the more highly placed Englishmen of the Roman Communion. On his mother's side he was a member of one of the oldest and greatest families in Germany, which was only not princely. The Dalbergs, moreover, had intermarried with an Italian family, the Brignoli. Trained first at Oscott under Wiseman, and afterwards at Munich under Döllinger, in whose house he lived, Acton by education as well as birth was a cosmopolitan, while his marriage with the family of Arco-Valley introduced a further strain of Bavarian influence into his life. His mother's second marriage with Lord Granville brought him into connection with the dominant influences of the great Whig Houses. For a brief period, like many another county magnate, he was a member of the House of Commons, but he never became accustomed to its atmosphere. For a longer time he lived at his house in Shropshire, and was a stately and sympathetic host, though without much taste for the avocations of country life. His English birth and Whig surroundings were largely responsible for that intense constitutionalism, which was to him a religion, and in regard both to ecclesiastical and civil politics formed his guiding criterion. This explains his detestation of all forms of absolutism on the one hand, and what he always called "the revolution" on the other.

It was not, however, the English strain that was most obvious in Acton, but the German. It was natural that he should become fired under Döllinger's influence with the ideals of continental scholarship and exact and minute investigation. He had a good deal of the massive solidity of the German intellect. He liked, as in the "Letter to a German Bishop," to make his judgment appear as the culmination of so much weighty evidence, that it seemed to speak for itself. He had, too, a little of the German habit of breaking a butterfly upon a wheel, and at times he makes reading difficult by a more than Teutonic allusiveness. It was not easy for Acton to bear in mind that the public is often ignorant of even the names of distinguished scholars, and that "a European reputation" is sometimes confined to the readers of specialist publications.

The Italian strain in Acton is apparent in another quality, which is perhaps his one point of kinship with Machiavelli, the absence of hesitation from his thought, and of mystery from his writing. Subtle and ironic as his style is, charged with allusion and weighted with passion, it is yet entirely devoid both of German sentiment and English vagueness. There was no haze in his mind. He judges, but does not paint pictures. It may have been this absence of half-tones in his vein of thought, and of chiaroscuro in his imagination that made Manning, an intelligent however hostile critic, speak of "the ruthless talk of undergraduates."

But however much or little be allowed to the diverse strains of hereditary influence or outward circumstances, the interest of Acton to the student lies in his intense individuality. That austerity of moral judgment, that sense of the greatness of human affairs, and of the vast issues that lie in action and in thought, was no product of outside influences, and went beyond what he had learnt from his master Döllinger. To treat politics as a game, to play with truth or make it subservient to any cause other than itself, to take trivial views, was to Acton as deep a crime as to waste in pleasure or futility the hours so brief given for salvation of the soul would have seemed to Baxter or Bunyan; indeed, there was an element of Puritan severity in his attitude towards statesmen both ecclesiastical and civil. He was no "light half-believer of a casual creed," but had a sense of reality more like Dante than many moderns.

This, perhaps, it was that drew him ever closer to Mr. Gladstone, while it made the House of Commons and the daily doings of politicians uncongenial. There is no doubt that he had learned too well "the secret of intellectual detachment." Early in his life his shrewd and kindly stepfather had pointed out to him the danger of losing influence by a too unrestrained desire to escape worshipping the idols of the marketplace. There are, it is true, not wanting signs that his view of the true relations of States and Churches may become one day more dominant, for it appears as though once more the earlier Middle Ages will be justified, and religious bodies become the guardians of freedom, even in the political sphere. Still, a successful career in public life could hardly be predicted for one who felt at the beginning that "I agree with nobody, and nobody agrees with me," and towards the close admitted that he "never had any contemporaries." On the other hand, it may be questioned whether, in the chief of his self-imposed tasks, he failed so greatly as at first appeared. If he did not prevent "infallibility" being decreed, the action of the party of Strossmayer and Hefele assuredly prevented the form of the decree being so dangerous as they at first feared. We can only hazard a guess that the mild and minimising terms of the dogma, especially as they have since been interpreted, were in reality no triumph to Veuillot and the Jesuits. In later life Acton seems to have felt that they need not have the dangerous consequences, both in regard to historical judgments or political principles, which he had feared from the registered victory of ultramontane reaction. However this may be, Acton's whole career is evidence of his detachment of mind, and entire independence even of his closest associates. It was a matter to him not of taste but of principle. What mainly marked him out among men was the intense reality of his faith. This gave to all his studies their practical tone. He had none of the pedant's contempt for ordinary life, none of the æsthete's contempt for action as a "little vulgar," and no desire to make of intellectual pursuits an end in themselves. His scholarship was to him as practical as his politics, and his politics as ethical as his faith. Thus his whole life was a unity. All his various interests were inspired by one unconquered resolve, the aim of securing universally, alike in Church and in State, the recognition of the paramountcy of principles over interests, of liberty over tyranny, of truth over all forms of evasion or equivocation. His ideal in the political world was, as he said, that of securing suum cuique to every individual or association of human life, and to prevent any institution, however holy its aims, acquiring more.

To understand the ardour of his efforts it is necessary to bear in mind the world into which he was born, and the crises intellectual, religious, and political which he lived to witness and sometimes to influence. Born in the early days of the July monarchy, when reform in England was a novelty, and Catholic freedom a late-won boon, Acton as he grew to manhood in Munich and in England had presented to his regard a series of scenes well calculated to arouse a thoughtful mind to consideration of the deepest problems, both of politics and religion. What must have been the "long, long thoughts" of a youth, naturally reflective and acutely observant, as he witnessed the break-up of the old order in '48 and the years that followed. In the most impressionable age of life he was driven to contemplate a Europe in solution; the crash of the kingdoms; the Pope a Liberal, an exile, and a reactionary; the principle of nationality claiming to supersede all vested rights, and to absorb and complete the work of '89; even socialism for once striving to reduce theory to practice, till there came the "saviour of society" with the coup d'état and a new era of authority and despotism. This was the outward aspect. In the world of thought he looked upon a period of moral and intellectual anarchy. Philosopher had succeeded philosopher, critic had followed critic, Strauss and Baur were names to conjure with, and Hegel was still unforgotten in the land of his birth. Materialistic science was in the very heyday of its parvenu and tawdry intolerance, and historical knowledge in the splendid dawn of that new world of knowledge, of which Ranke was the Columbus. Everywhere faith was shaken, and except for a few resolute and unconquered spirits, it seemed as though its defence were left to a class of men who thought the only refuge of religion was in obscurity, the sole bulwark of order was tyranny, and the one support of eternal truth plausible and convenient fiction. What wonder then that the pupil of Döllinger should exhaust the intellectual and moral energies of a lifetime, in preaching to those who direct the affairs of men the paramount supremacy of principle. The course of the plebiscitary Empire, and that gradual campaign in the United States by which the will of the majority became identified with that necessity which knows no law, contributed further to educate his sense of right in politics, and to augment the distrust of power natural to a pupil of the great Whigs, of Burke, of Montesquieu, of Madame de Staël. On the other hand, as a pupil of Döllinger, his religious faith was deeper than could be touched by the recognition of facts, of which too many were notorious to make it even good policy to deny the rest; and he demanded with passion that history should set the follies and the crimes of ecclesiastical authority in no better light than those of civil.

We cannot understand Acton aright, if we do not remember that he was an English Roman Catholic, to whom the penal laws and the exploitation of Ireland were a burning injustice. They were in his view as foul a blot on the Protestant establishment and the Whig aristocracy as was the St. Bartholomew's medal on the memory of Gregory XIII., or the murder of the duc d'Enghien on the genius of Napoleon, or the burning of Servetus on the sanctity of Calvin, or the permission of bigamy on the character of Luther, or the September Massacres on Danton.

Two other tendencies dominant in Germany--tendencies which had and have a great power in the minds of scholars, yet to Acton, both as a Christian and a man, seemed corrupting--compelled him to a search for principles which might deliver him from slavery alike to traditions and to fashion, from the historian's vice of condoning whatever has got itself allowed to exist, and from the politician's habit of mere opportunist acquiescence in popular standards.

First of these is the famous maxim of Schiller, Die Welt-Geschichte ist das Welt-Gericht, which, as commonly interpreted, definitely identifies success with right, and is based, consciously or unconsciously, on a pantheistic philosophy. This tendency, especially when envisaged by an age passing through revolutionary nationalism back to Machiavelli's ideals and Realpolitik, is clearly subversive of any system of public law or morality, and indeed is generally recognised as such nowadays even by its adherents.

The second tendency against which Acton's moral sense revolted, had arisen out of the laudable determination of historians to be sympathetic towards men of distant ages and of alien modes of thought. With the romantic movement the early nineteenth century placed a check upon the habit of despising mediæval ideals, which had been increasing from the days of the Renaissance and had culminated in Voltaire. Instead of this, there arose a sentiment of admiration for the past, while the general growth of historical methods of thinking supplied a sense of the relativity of moral principles, and led to a desire to condone if not to commend the crimes of other ages. It became almost a trick of style to talk of judging men by the standard of their day and to allege the spirit of the age in excuse for the Albigensian Crusade or the burning of Hus. Acton felt that this was to destroy the very bases of moral judgment and to open the way to a boundless scepticism. Anxious as he was to uphold the doctrine of growth in theology, he allowed nothing for it in the realm of morals, at any rate in the Christian era, since the thirteenth century. He demanded a code of moral judgment independent of place and time, and not merely relative to a particular civilisation. He also demanded that it should be independent of religion. His reverence for scholars knew no limits of creed or church, and he desired some body of rules which all might recognise, independently of such historical phenomena as religious institutions. At a time when such varied and contradictory opinions, both within and without the limits of Christian belief, were supported by some of the most powerful minds and distinguished investigators, it seemed idle to look for any basis of agreement beyond some simple moral principles. But he thought that all men might agree in admitting the sanctity of human life and judging accordingly every man or system which needlessly sacrificed it. It is this preaching in season and out of season against the reality of wickedness, and against every interference with the conscience, that is the real inspiration both of Acton's life and of his writings.

It is related of Frederick Robertson of Brighton, that during one of his periods of intellectual perplexity he found that the only rope to hold fast by was the conviction, "it must be right to do right." The whole of Lord Acton's career might be summed up in a counterphrase, "it must be wrong to do wrong." It was this conviction, universally and unwaveringly applied, and combined with an unalterable faith in Christ, which gave unity to all his efforts, sustained him in his struggle with ecclesiastical authority, accounted for all his sympathies, and accentuated his antipathies, while it at once expanded and limited his interests. It is this that made his personality so much greater a gift to the world than any book which he might have written--had he cared less for the end and more for the process of historical knowledge.

He was interested in knowledge--that it might diminish prejudice and break down barriers. To a world in which the very bases of civilisation seemed to be dissolving he preached the need of directing ideals.

Artistic interests were not strong in him, and the decadent pursuit of culture as a mere luxury had no stronger enemy. Intellectual activity, apart from moral purpose, was anathema to Acton. He has been censured for bidding the student of his hundred best books to steel his mind against the charm of literary beauty and style. Yet he was right. His list of books was expressly framed to be a guide, not a pleasure; it was intended to supply the place of University direction to those who could not afford a college life, and it throws light upon the various strands that mingled in Acton and the historical, scientific, and political influences which formed his mind. He felt the danger that lurks in the charm of literary beauty and style, for he had both as a writer and a reader a strong taste for rhetoric, and he knew how young minds are apt to be enchained rather by the persuasive spell of the manner than the living thought beneath it. Above all, he detested the modern journalistic craze for novelty, and despised the shallowness which rates cleverness above wisdom.

In the same way his eulogy of George Eliot has been censured far more than it has been understood. It was not as an artist superior to all others that he praised the author of Daniel Deronda and the translator of Strauss. It was because she supplied in her own person the solution of the problem nearest to his heart, and redeemed (so far as teaching went) infidelity in religion from immorality in ethics. It was, above all, as a constructive teacher of morals that he admired George Eliot, who might, in his view, save a daily increasing scepticism from its worst dangers, and preserve morals which a future age of faith might once more inspire with religious ideals. Here was a writer at the summit of modern culture, saturated with materialistic science, a convinced and unchanging atheist, who, in spite of this, proclaimed in all her work that moral law is binding, and upheld a code of ethics, Christian in content, though not in foundation.

In the same way his admiration for Mr. Gladstone is to be explained. It was not his successes so much as his failures that attracted Acton, and above all, his refusal to admit that nations, in their dealings with one another, are subject to no law but that of greed. Doubtless one who gave himself no credit for practical aptitude in public affairs, admired a man who had gifts that were not his own. But what Acton most admired was what many condemned. It was because he was not like Lord Palmerston, because Bismarck disliked him, because he gave back the Transvaal to the Boers, and tried to restore Ireland to its people, because his love of liberty never weaned him from loyalty to the Crown, and his politics were part of his religion, that Acton used of Gladstone language rarely used, and still more rarely applicable, to any statesman. For this very reason--his belief that political differences do, while religious differences do not, imply a different morality--he censured so severely the generous eulogy of Disraeli, just as in Döllinger's case he blamed the praise of Dupanloup. For Acton was intolerant of all leniency towards methods and individuals whom he thought immoral. He could give quarter to the infidel more easily than to the Jesuit.

We may, of course, deny that Acton was right. But few intelligent observers can dispute the accuracy of his diagnosis, or deny that more than anything else the disease of Western civilisation is a general lack of directing ideals other than those which are included in the gospel of commercialism. It may surely be further admitted that even intellectual activity has too much of triviality about it to-day; that if people despise the schoolmen, it is rather owing to their virtues than their defects, because impressionism has taken the place of thought, and brilliancy that of labour. On the other hand, Acton's dream of ethical agreement, apart from religion, seems further off from realisation than ever.

Acton, however, wrote for a world which breathed in the atmosphere created by Kant. His position was something as follows: After the discovery of facts, a matter of honesty and industry independent of any opinions, history needs a criterion of judgment by which it may appraise men's actions. This criterion cannot be afforded by religion, for religion is one part of the historic process of which we are tracing the flow. The principles on which all can combine are the inviolable sanctity of human life, and the unalterable principle of even justice and toleration. Wherever these are violated our course is clear. Neither custom nor convenience, neither distance of time nor difference of culture may excuse or even limit our condemnation. Murder is always murder, whether it be committed by populace or patricians, by councils or kings or popes. Had they had their dues, Paolo Sarpi would have been in Newgate and George I. would have died at Tyburn.

The unbending severity of his judgment, which is sometimes carried to an excess almost ludicrous, is further explained by another element in his experience. In his letters to Döllinger and others he more than once relates how in early life he had sought guidance in the difficult historical and ethical questions which beset the history of the papacy from many of the most eminent ultramontanes. Later on he was able to test their answers in the light of his constant study of original authorities and his careful investigation of archives. He found that the answers given him had been at the best but plausible evasions. The letters make it clear that the harshness with which Acton always regarded ultramontanes was due to that bitter feeling which arises in any reflecting mind on the discovery that it has been put off with explanations that did not explain, or left in ignorance of material facts.

Liberalism, we must remember, was a religion to Acton--i.e. liberalism as he understood it, by no means always what goes by the name. His conviction that ultramontane theories lead to immoral politics prompted his ecclesiastical antipathies. His anger was aroused, not by any feeling that Papal infallibility was a theological error, but by the belief that it enshrined in the Church monarchical autocracy, which could never maintain itself apart from crime committed or condoned. It was not intellectual error but moral obliquity that was to him here, as everywhere, the enemy. He could tolerate unbelief, he could not tolerate sin. Machiavelli represented to him the worst of political principles, because in the name of the public weal he destroyed the individual's conscience. Yet he left a loophole in private life for religion, and a sinning statesman might one day become converted. But when the same principles are applied, as they have been applied by the Jesuit organisers of ultramontane reaction (also on occasion by Protestants), ad majorem dei gloriam, it is clear that the soul is corrupted at its highest point, and the very means of serving God are made the occasion of denying him. Because for Acton there was no comparison between goodness and knowledge, and because life was to him more than thought, because the passion of his life was to secure for all souls the freedom to live as God would have them live, he hated in the Church the politics of ultramontanism, and in the State the principles of Machiavelli. In the same way he denied the legitimacy of every form of government, every economic wrong, every party creed, which sacrificed to the pleasures or the safety of the few the righteousness and salvation of the many. His one belief was the right of every man not to have, but to be, his best.

This fact gives the key to what seems to many an unsolved contradiction, that the man who said what he did say and fought as he had fought should yet declare in private that it had never occurred to him to doubt any single dogma of his Church, and assert in public that communion with it was "dearer than life itself" Yet all the evidence both of his writings and his most intimate associates confirms this view. His opposition to the doctrine of infallibility was ethical and political rather than theological. As he wrote to Döllinger, the evil lay deeper, and Vaticanism was but the last triumph of a policy that was centuries old. Unless he were turned out of her he would see no more reason to leave the Church of his baptism on account of the Vatican Decrees than on account of those of the Lateran Council. To the dogma of the Immaculate Conception he had no hostility. And could not understand Döllinger's condemnation of it, or reconcile it with his previous utterances. He had great sympathy with the position of Liberal High Anglicans; but there is not the slightest reason to suppose that he ever desired to join the English Church. Even with the old Catholic movement he had no sympathy, and dissuaded his friends from joining it.[1] All forms of Gallicanism were distasteful to Acton, and he looked to the future for the victory of his ideas. His position in the Roman Church symbolises in an acute form what may be called the soul's tragedy of the whole nineteenth century, but Acton had not the smallest inclination to follow either Gavazzi or Lamennais. It was, in truth, the unwavering loyalty of his churchmanship and his far-reaching historical sense that enabled him to attack with such vehemence evils which he believed to be accidental and temporary, even though they might have endured for a millennium. Long searching of the vista of history preserved Acton from the common danger of confusing the eternal with what is merely lengthy. To such a mind as his, it no more occurred to leave the Church because he disapproved some of its official procedure, than it would to an Englishman to surrender his nationality when his political opponents came into office. He distinguished, as he said Froschammer ought to have done, between the authorities and the authority of the Church. He had a strong belief in the doctrine of development, and felt that it would prove impossible in the long run to bind the Christian community to any explanation of the faith which should have a non-Christian or immoral tendency. He left it to time and the common conscience to clear the dogma from association with dangerous political tendencies, for his loyalty to the institution was too deep to be affected by his dislike of the Camarilla in power. He not only did not desire to leave the Church, but took pains to make his confession and receive absolution immediately after his letters appeared in the Times. It must also be stated that so far from approving Mr. Gladstone's attack on Vaticanism, he did his utmost to prevent its publication, which he regarded as neither fair nor wise.

It is true that Acton's whole tendency was individualistic, and his inner respect for mere authority apart from knowledge and judgment was doubtless small. But here we must remember what he said once of the political sphere--that neither liberty nor authority is conceivable except in an ordered society, and that they are both relative to conditions remote alike from anarchy and tyranny. Doubtless he leaned away from those in power, and probably felt of Manning as strongly as the latter wrote of him. Yet his individualism was always active within the religious society, and never contemplated itself as outside. He showed no sympathy for any form of Protestantism, except the purely political side of the Independents and other sects which have promoted liberty of conscience.

Acton's position as a churchman is made clearer by a view of his politics. At once an admirer and an adviser of Mr. Gladstone, he probably helped more than any other single friend to make his leader a Home Ruler. Yet he was anything but a modern Radical: for liberty was his goddess, not equality, and he dreaded any single power in a State, whether it was the King, or Parliament, or People. Neither popes nor princes, not even Protestant persecutors, did Acton condemn more deeply than the crimes of majorities and the fury of uncontrolled democracy. It was not the rule of one or many that was his ideal, but a balance of powers that might preserve freedom and keep every kind of authority subject to law. For, as he said, "liberty is not a means to a higher end, it is itself the highest political end." His preference was, therefore, not for any sovereign one or number, such as formed the ideal of Rousseau or the absolutists; but for a monarchy of the English type, with due representation to the aristocratic and propertied classes, as well as adequate power to the people. He did not believe in the doctrine of numbers, and had no sympathy with the cry Vox populi Vox Dei; on the other hand, he felt strongly that the stake in the country argument really applied with fullest force to the poor, for while political error means mere discomfort to the rich, it means to the poor the loss of all that makes life noble and even of life itself. As he said in one of his already published letters:--

The men who pay wages ought not to be the political masters of those who earn them, for laws should be adapted to those who have the heaviest stake in the country, for whom misgovernment means not mortified pride or stinted luxury, but want and pain and degradation, and risk to their own lives and to their children's souls.

While he felt the dangers of Rousseau's doctrine of equality, declaring that in the end it would be destructive alike of liberty and religion, he was yet strongly imbued with the need of reconciling some of the socialists' ideals with the regard due to the principles which he respected. He was anxious to promote the study of Roscher and the historical economists, and he seems to have thought that by their means some solution of the great economic evils of the modern world might be found, which should avoid injustice either to the capitalist or the wage-earner. He had a burning hatred of injustice and tyranny, which made him anxious to see the horrors of the modern proletariat system mitigated and destroyed; but combined with this there was a very deep sense of the need of acting on principles universally valid, and a distrust of any merely emotional enthusiasm which might, in the future, create more evils than it cured. Acton was, in truth, the incarnation of the "spirit of Whiggism," although in a very different sense of the phrase from that in which it became the target for the arrows of Disraeli's scorn and his mockery of the Venetian constitution. He was not the Conservative Whig of the "glorious revolution," for to him the memory of William of Orange might be immortal but was certainly not pious: yet it was "revolution principles" of which he said that they were the great gift of England to the world. By this he meant the real principles by which the events of 1688 could be philosophically justified, when purged of all their vulgar and interested associations, raised above their connection with a territorial oligarchy, and based on reasoned and universal ideals. Acton's liberalism was above all things historical, and rested on a consciousness of the past. He knew very well that the roots of modern constitutionalism were mediæval, and declared that it was the stolid conservatism of the English character, which had alone enabled it to preserve what other nations had lost in the passion for autocracy that characterised the men of the Renaissance and the Reformation. Constitutional government was for him the sole eternal truth in politics, the rare but the only guardian of freedom. He loved to trace the growth of the principle of power limiting itself and law triumphant alike over king, aristocracies, and majorities; and to show how it arose out of the cruel conflicts of the religious wars and rested upon the achievements of Constance and the efforts of Basle, and how it was influenced in expression by the thinkers of the ancient world and the theologians of the modern, by the politics of Aristotle, by the maxims of Ulpian and of Gaius, by the theology of St. Thomas and Ockham, and even by Suarez and Molina.

What Acton feared and hated was the claim of absolutism to crush the individuality and destroy the conscience of men. It was indifferent to him whether this claim was exercised by Church or State, by Pope or Council, or King or Parliament. He felt, however, that it was more dangerous because more absorbing when exercised in religious matters, and thus condemned the Protestant theory more deeply than the Catholic permission of persecution. He also felt that monarchy was more easily checked than pure democracy, and that the risk of tyranny was greater in the latter.

Provided that freedom was left to men to do their duty, Acton was not greatly careful of mere rights. He had no belief in the natural equality of men, and no dislike of the subordination of classes on the score of birth. His ideal of freedom as of the Church was in some respects that of the earlier Middle Ages. He did not object to serfdom, provided that it safeguarded the elementary rights of the serf to serve God as well as man. In the great struggle in America, he had no sympathy with the North, which seemed to him to make majority rule the only measure of right: and he wrote, if not in favour, at least in palliation, of slavery. It may be doubted how far he would have used the same language in later life, but his reasons were in accord with all his general views. Slavery might be rendered harmless by the State, and some form of compulsion might be the only way of dealing with child-races, indeed, it might be merely a form of education no more morally blameworthy than the legal disabilities of minors. But the absolute state recognising no limits but its own will, and bound by no rule either of human or Divine law, appeared to him definitely immoral.

Acton's political conscience was also very broad on the side technically called moral. No one had higher ideals of purity. Yet he had little desire to pry into the private morality of kings or politicians. It was by the presence or absence of political principles that he judged them. He would have condemned Pope Paul the Fourth more than Rodrigo Borgia, and the inventor of the "dragonnades" more than his great-grandson. He did not view personal morality as relevant to political judgment.

In this, if in nothing else, he agreed with Creighton. His correspondence with the latter throws his principles into the strongest light, and forms the best material for a judgment. For it must, we think, be admitted that he applied these doctrines with a rigidity which human affairs will not admit, and assumed a knowledge beyond our capacity. To declare that no one could be in a state of grace who praised S. Carlo Borromeo, because the latter followed the evil principle of his day in the matter of persecution, is not merely to make the historian a hanging judge, but to ignore the great truth that if crime is always crime, degrees of temptation are widely variable. The fact is, Acton's desire to maintain the view that "morality is not ambulatory," led him at times to ignore the complementary doctrine that it certainly develops, and that the difficulties of statesmen or ecclesiastics, if they do not excuse, at least at times explain their less admirable courses. At the very close of his life Acton came to this view himself. In a pathetic conversation with his son, he lamented the harshness of some of his judgments, and hoped the example would not be followed.

Still, Acton, if he erred here, erred on the nobler side. The doctrine of moral relativity had been overdone by historians, and the principles of Machiavelli had become so common a cry of politicians, that severe protest was necessary. The ethics of Nietzsche are the logical expansion of Machiavelli, and his influence is proof that, in the long-run, men cannot separate their international code from their private one. We must remember that Acton lived in a time when, as he said, the course of history had been "twenty-five times diverted by actual or attempted crime," and when the old ideals of liberty seemed swallowed up by the pursuit of gain. To all those who reflect on history or politics, it was a gain of the highest order that at the very summit of historical scholarship and profound political knowledge there should be placed a leader who erred on the unfashionable side, who denied the statesmen's claim to subject justice to expediency, and opposed the partisan's attempt to palter with facts in the interest of his creed.

It is these principles which both explain Acton's work as a student, and make it so difficult to understand. He believed, that as an investigator of facts the historian must know no passion, save that of a desire to sift evidence; and his notion of this sifting was of the remorseless scientific school of Germany, which sometimes, perhaps, expects more in the way of testimony than human life affords. At any rate, Acton demanded that the historian must never misconceive the case of the adversaries of his views, or leave in shade the faults of his own side. But on the other hand, when he comes to interpret facts or to trace their relation, his views and even his temperament will affect the result. It is only the barest outline that can be quite objective. In Acton's view the historian as investigator is one thing, the historian as judge another. In an early essay on Döllinger he makes a distinction of this kind. The reader must bear it in mind in considering Acton's own writing. Some of the essays here printed, and still more the lectures, are anything but colourless; they show very distinctly the predilections of the writer, and it is hardly conceivable that they should have been written by a defender of absolutism, or even by an old-fashioned Tory. What Acton really demanded was not the academic aloofness of the pedant who stands apart from the strife of principles, but the honesty of purpose which "throws itself into the mind of one's opponents, and accounts for their mistakes," giving their case the best possible colouring. For, to be sure of one's ground, one must meet one's adversaries' strongest arguments, and not be content with merely picking holes in his armour. Otherwise one's own belief may be at the mercy of the next clever opponent. The reader may doubt how far Acton succeeded in his own aim, for there was a touch of intolerance in his hatred of absolutism, and he believed himself to be divided from his ecclesiastical and political foes by no mere intellectual difference but by a moral cleavage. Further, his writing is never half-hearted. His convictions were certitudes based on continual reading and reflection, and admitting in his mind of no qualification. He was eminently a Victorian in his confidence that he was right. He had none of the invertebrate tendency of mind which thinks it is impartial, merely because it is undecided, and regards the judicial attitude as that which refrains from judging. Acton's was not a doubting mind. If he now and then suspended his judgment, it was as an act of deliberate choice, because he had made up his mind that the matter could not be decided, not because he could not decide to make up his mind. Whether he was right or wrong, he always knew what he thought, and his language was as exact an expression of his meaning as he could make it. It was true that his subtle and far-sighted intelligence makes his style now and then like a boomerang, as when he says of Ranke's method "it is a discipline we shall all do well to adopt, and also do well to relinquish." Indeed, it is hardly possible to read a single essay without observing this marked characteristic. He has been called a "Meredith turned historian," and that there is truth in this judgment, any one who sees at once the difficulty and the suggestiveness of his reviews can bear witness. He could hardly write the briefest note without stamping his personality upon it and exhibiting the marks of a very complex culture. But the main characteristic of his style is that it represents the ideals of a man to whom every word was sacred. Its analogies are rather in sculpture than painting. Each paragraph, almost every sentence is a perfectly chiselled whole, impressive by no brilliance or outside polish, so much as by the inward intensity of which it is the symbol. Thus his writing is never fluent or easy, but it has a moral dignity rare and unfashionable.

Acton, indeed, was by no means without a gift of rhetoric, and in the "Lecture on Mexico," here republished, there is ample evidence of a power of handling words which should impress a popular audience. It is in gravity of judgment and in the light he can draw from small details that his power is most plainly shown. On the other hand, he had a little of the scholar's love of clinging to the bank, and, as the notes to his "Inaugural" show, he seems at times too much disposed to use the crutches of quotation to prop up positions which need no such support. It was of course the same habit--the desire not to speak before he had read everything that was relevant, whether in print or manuscript--that hindered so severely his output. His projected History of Liberty was, from the first, impossible of achievement. It would have required the intellects of Napoleon and Julius Cæsar combined, and the lifetime of the patriarchs, to have executed that project as Acton appears to have planned it. A History of Liberty, beginning with the ancient world and carried down to our own day, to be based entirely upon original sources, treating both of the institutions which secured it, the persons who fought for it, and the ideas which expressed it, and taking note of all that scholars had written about every several portion of the subject, was and is beyond the reach of a single man. Probably towards the close of his life Acton had felt this. The Cambridge Modern History, which required the co-operation of so many specialists, was to him really but a fragment of this great project.

Two other causes limited Acton's output. Towards the close of the seventies he began to suspect, and eventually discovered, that he and Döllinger were not so close together as he had believed. That is to say, he found that in regard to the crimes of the past, Döllinger's position was more like that of Creighton than his own--that, while he was willing to say persecution was always wrong, he was not willing to go so far as Acton in rejecting every kind of mitigating plea and with mediæval certainty consigning the persecutors to perdition. Acton, who had as he thought, learnt all this from Döllinger, was distressed at what seemed to him the weakness and the sacerdotal prejudice of his master, felt that he was now indeed alone, and for the time surrendered, as he said, all views of literary work. This was the time when he had been gathering materials for a History of the Council of Trent. That this cleavage, coming when it did, had a paralysing effect on Acton's productive energy is most probable, for it made him feel that he was no longer one of a school, and was without sympathy and support in the things that lay nearest his heart.

Another cause retarded production--his determination to know all about the work of others. Acton desired to be in touch with university life all over Europe, to be aware, if possible through personal knowledge, of the trend of investigation and thought of scholars working in all the cognate branches of his subject. To keep up thoroughly with other people's work, and do much original writing of one's own, is rarely possible. At any rate we may say that the same man could not have produced the essay on German schools of history, and written a magnum opus of his own.

His life marks what, in an age of minute specialism, must always be at once the crown and the catastrophe of those who take all knowledge for their province. His achievement is something different from any book. Acton's life-work was, in fact, himself. Those who lament what he might have written as a historian would do well to reflect on the unique position which he held in the world of letters, and to ask themselves how far he could have wielded the influence that was his, or held the standard so high, had his own achievement been greater. Men such as Acton and Hort give to the world, by their example and disposition, more than any written volume could convey. In both cases a great part of their published writings has had, at least in book form, to be posthumous. But their influence on other workers is incalculable, and has not yet determined.

To an age doubting on all things, and with the moral basis of its action largely undermined, Acton gave the spectacle of a career which was as moving as it was rare. He stood for a spirit of unwavering and even childlike faith united to a passion for scientific inquiry, and a scorn of consequences, which at times made him almost an iconoclast. His whole life was dedicated to one high end, the aim of preaching the need of principles based on the widest induction and the most penetrating thought, as the only refuge amid the storm and welter of sophistical philosophies and ecclesiastical intrigues. The union of faith with knowledge, and the eternal supremacy of righteousness, this was the message of Acton to mankind. It may be thought that he sometimes exaggerated his thesis, that he preached it out of season, that he laid himself open to the charge of being doctrinaire, and that in fighting for it he failed to utter the resources of his vast learning. Enough, however, is left to enable the world to judge what he was. No books ever do more than that for any man. Those who are nice in comparisons may weigh against the book lost the man gained. Those who loved him will know no doubt.

* * * * *

The following document was found among Lord Acton's Papers. It records in an imaginative form the ideals which he set before him. Perhaps it forms the most fitting conclusion to this Introduction.

This day's post informed me of the death of Adrian, who was the best of all men I have known. He loved retirement, and avoided company, but you might sometimes meet him coming from scenes of sorrow, silent and appalled, as if he had seen a ghost, or in the darkest corner of churches, his dim eyes radiant with light from another world. In youth he had gone through much anxiety and contention; but he lived to be trusted and honoured. At last he dropped out of notice and the memory of men, and that part of his life was the happiest.

Years ago, when I saw much of him, most people had not found him out. There was something in his best qualities themselves that baffled observation, and fell short of decided excellence. He looked absent and preoccupied, as if thinking of things he cared not to speak of, and seemed but little interested in the cares and events of the day. Often it was hard to decide whether he had an opinion, and when he showed it, he would defend it with more eagerness and obstinacy than we liked. He did not mingle readily with others or co-operate in any common undertaking, so that one could not rely on him socially, or for practical objects. As he never spoke harshly of persons, so he seldom praised them warmly, and there was some apparent indifference and want of feeling. Ill success did not depress, but happy prospects did not elate him, and though never impatient, he was not actively hopeful. Facetious friends called him the weather-cock, or Mr. Facingbothways, because there was no heartiness in his judgments, and he satisfied nobody, and said things that were at first sight grossly inconsistent, without attempting to reconcile them. He was reserved about himself, and gave no explanations, so that he was constantly misunderstood, and there was a sense of failure, of disappointment, of perplexity about him.

These things struck me, as well as others, and at first repelled me. I could see indeed, at the same time, that his conduct was remarkably methodical, and was guided at every step by an inexhaustible provision of maxims. He had meditated on every contingency in life, and was prepared with rules and precepts, which he never disobeyed. But I doubted whether all this was not artificial,--a contrivance to satisfy the pride of intellect and establish a cold superiority. In time I discovered that it was the perfection of a developed character. He had disciplined his soul with such wisdom and energy as to make it the obedient and spontaneous instrument of God's will, and he moved in an orbit of thoughts beyond our reach.

It was part of his religion to live much in the past, to realise every phase of thought, every crisis of controversy, every stage of progress the Church has gone through. So that the events and ideas of his own day lost much of their importance in comparison, were old friends with new faces, and impressed him less than the multitude of those that went before. This caused him to seem absent and indifferent, rarely given to admire, or to expect. He respected other men's opinions, fearing to give pain, or to tempt with anger by contradiction, and when forced to defend his own he felt bound to assume that every one would look sincerely for the truth, and would gladly recognise it. But he could not easily enter into their motives when they were mixed, and finding them generally mixed, he avoided contention by holding much aloof. Being quite sincere, he was quite impartial, and pleaded with equal zeal for what seemed true, whether it was on one side or on the other. He would have felt dishonest if he had unduly favoured people of his own country, his own religion, or his own party, or if he had entertained the shadow of a prejudice against those who were against them, and when he was asked why he did not try to clear himself from misrepresentation, he said that he was silent both from humility and pride.

At last I understood that what we had disliked in him was his virtue itself.

J.N.F. R.V.L.

FOOTNOTES:

[Footnote 1: There is no foundation for the statement of Canon Meyrick in his Reminiscences, that Acton, had he lived on the Continent, would have undoubtedly become an Old Catholic. He did very largely live on the Continent. Nor did even Döllinger, of whom Dr. Meyrick also asserts it, ever become an adherent of that movement.]

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I. THE HISTORY OF FREEDOM IN ANTIQUITY[2]

Liberty, next to religion, has been the motive of good deeds and the common pretext of crime, from the sowing of the seed at Athens, two thousand four hundred and sixty years ago, until the ripened harvest was gathered by men of our race. It is the delicate fruit of a mature civilisation; and scarcely a century has passed since nations, that knew the meaning of the term, resolved to be free. In every age its progress has been beset by its natural enemies, by ignorance and superstition, by lust of conquest and by love of ease, by the strong man's craving for power, and the poor man's craving for food. During long intervals it has been utterly arrested, when nations were being rescued from barbarism and from the grasp of strangers, and when the perpetual struggle for existence, depriving men of all interest and understanding in politics, has made them eager to sell their birthright for a mess of pottage, and ignorant of the treasure they resigned. At all times sincere friends of freedom have been rare, and its triumphs have been due to minorities, that have prevailed by associating themselves with auxiliaries whose objects often differed from their own; and this association, which is always dangerous, has been sometimes disastrous, by giving to opponents just grounds of opposition, and by kindling dispute over the spoils in the hour of success. No obstacle has been so constant, or so difficult to overcome, as uncertainty and confusion touching the nature of true liberty. If hostile interests have wrought much injury, false ideas have wrought still more; and its advance is recorded in the increase of knowledge, as much as in the improvement of laws. The history of institutions is often a history of deception and illusions; for their virtue depends on the ideas that produce and on the spirit that preserves them, and the form may remain unaltered when the substance has passed away.

A few familiar examples from modern politics will explain why it is that the burden of my argument will lie outside the domain of legislation. It is often said that our Constitution attained its formal perfection in 1679, when the Habeas Corpus Act was passed. Yet Charles II. succeeded, only two years later, in making himself independent of Parliament. In 1789, while the States-General assembled at Versailles, the Spanish Cortes, older than Magna Charta and more venerable than our House of Commons, were summoned after an interval of generations, but they immediately prayed the King to abstain from consulting them, and to make his reforms of his own wisdom and authority. According to the common opinion, indirect elections are a safeguard of conservatism. But all the Assemblies of the French Revolution issued from indirect elections. A restricted suffrage is another reputed security for monarchy. But the Parliament of Charles X., which was returned by 90,000 electors, resisted and overthrew the throne; while the Parliament of Louis Philippe, chosen by a Constitution of 250,000, obsequiously promoted the reactionary policy of his Ministers, and in the fatal division which, by rejecting reform, laid the monarchy in the dust, Guizot's majority was obtained by the votes of 129 public functionaries. An unpaid legislature is, for obvious reasons, more independent than most of the Continental legislatures which receive pay. But it would be unreasonable in America to send a member as far as from here to Constantinople to live for twelve months at his own expense in the dearest of capital cities. Legally and to outward seeming the American President is the successor of Washington, and still enjoys powers devised and limited by the Convention of Philadelphia. In reality the new President differs from the Magistrate imagined by the Fathers of the Republic as widely as Monarchy from Democracy, for he is expected to make 70,000 changes in the public service; fifty years ago John Quincy Adams dismissed only two men. The purchase of judicial appointments is manifestly indefensible; yet in the old French monarchy that monstrous practice created the only corporation able to resist the king. Official corruption, which would ruin a commonwealth, serves in Russia as a salutary relief from the pressure of absolutism. There are conditions in which it is scarcely a hyperbole to say that slavery itself is a stage on the road to freedom. Therefore we are not so much concerned this evening with the dead letter of edicts and of statutes as with the living thoughts of men. A century ago it was perfectly well known that whoever had one audience of a Master in Chancery was made to pay for three, but no man heeded the enormity until it suggested to a young lawyer that it might be well to question and examine with rigorous suspicion every part of a system in which such things were done. The day on which that gleam lighted up the clear hard mind of Jeremy Bentham is memorable in the political calendar beyond the entire administration of many statesmen. It would be easy to point out a paragraph in St. Augustine, or a sentence of Grotius that outweighs in influence the Acts of fifty Parliaments, and our cause owes more to Cicero and Seneca, to Vinet and Tocqueville, than to the laws of Lycurgus or the Five Codes of France.

By liberty I mean the assurance that every man shall be protected in doing what he believes his duty against the influence of authority and majorities, custom and opinion. The State is competent to assign duties and draw the line between good and evil only in its immediate sphere. Beyond the limits of things necessary for its well-being, it can only give indirect help to fight the battle of life by promoting the influences which prevail against temptation,--religion, education, and the distribution of wealth. In ancient times the State absorbed authorities not its own, and intruded on the domain of personal freedom. In the Middle Ages it possessed too little authority, and suffered others to intrude. Modern States fall habitually into both excesses. The most certain test by which we judge whether a country is really free is the amount of security enjoyed by minorities. Liberty, by this definition, is the essential condition and guardian of religion; and it is in the history of the Chosen People, accordingly, that the first illustrations of my subject are obtained. The government of the Israelites was a Federation, held together by no political authority, but by the unity of race and faith, and founded, not on physical force, but on a voluntary covenant. The principle of self-government was carried out not only in each tribe, but in every group of at least 120 families; and there was neither privilege of rank nor inequality before the law. Monarchy was so alien to the primitive spirit of the community that it was resisted by Samuel in that momentous protestation and warning which all the kingdoms of Asia and many of the kingdoms of Europe have unceasingly confirmed. The throne was erected on a compact; and the king was deprived of the right of legislation among a people that recognised no lawgiver but God, whose highest aim in politics was to restore the original purity of the constitution, and to make its government conform to the ideal type that was hallowed by the sanctions of heaven. The inspired men who rose in unfailing succession to prophesy against the usurper and the tyrant, constantly proclaimed that the laws, which were divine, were paramount over sinful rulers, and appealed from the established authorities, from the king, the priests, and the princes of the people, to the healing forces that slept in the uncorrupted consciences of the masses. Thus the example of the Hebrew nation laid down the parallel lines on which all freedom has been won--the doctrine of national tradition and the doctrine of the higher law; the principle that a constitution grows from a root, by process of development, and not of essential change; and the principle that all political authorities must be tested and reformed according to a code which was not made by man. The operation of these principles, in unison, or in antagonism, occupies the whole of the space we are going over together.

The conflict between liberty under divine authority and the absolutism of human authorities ended disastrously. In the year 622 a supreme effort was made at Jerusalem to reform and preserve the State. The High Priest produced from the temple of Jehovah the book of the deserted and forgotten Law, and both king and people bound themselves by solemn oaths to observe it. But that early example of limited monarchy and of the supremacy of law neither lasted nor spread; and the forces by which freedom has conquered must be sought elsewhere. In the very year 586, in which the flood of Asiatic despotism closed over the city which had been, and was destined again to be, the sanctuary of freedom in the East, a new home was prepared for it in the West, where, guarded by the sea and the mountains, and by valiant hearts, that stately plant was reared under whose shade we dwell, and which is extending its invincible arms so slowly and yet so surely over the civilised world.

According to a famous saying of the most famous authoress of the Continent, liberty is ancient, and it is despotism that is new. It has been the pride of recent historians to vindicate the truth of that maxim. The heroic age of Greece confirms it, and it is still more conspicuously true of Teutonic Europe. Wherever we can trace the earlier life of the Aryan nations we discover germs which favouring circumstances and assiduous culture might have developed into free societies. They exhibit some sense of common interest in common concerns, little reverence for external authority, and an imperfect sense of the function and supremacy of the State. Where the division of property and labour is incomplete there is little division of classes and of power. Until societies are tried by the complex problems of civilisation they may escape despotism, as societies that are undisturbed by religious diversity avoid persecution. In general, the forms of the patriarchal age failed to resist the growth of absolute States when the difficulties and temptations of advancing life began to tell; and with one sovereign exception, which is not within my scope to-day, it is scarcely possible to trace their survival in the institutions of later times. Six hundred years before the birth of Christ absolutism held unbounded sway. Throughout the East it was propped by the unchanging influence of priests and armies. In the West, where there were no sacred books requiring trained interpreters, the priesthood acquired no preponderance, and when the kings were overthrown their powers passed to aristocracies of birth. What followed, during many generations, was the cruel domination of class over class, the oppression of the poor by the rich, and of the ignorant by the wise. The spirit of that domination found passionate utterance in the verses of the aristocratic poet Theognis, a man of genius and refinement, who avows that he longed to drink the blood of his political adversaries. From these oppressors the people of many cities sought deliverance in the less intolerable tyranny of revolutionary usurpers. The remedy gave new shape and energy to the evil. The tyrants were often men of surprising capacity and merit, like some of those who, in the fourteenth century, made themselves lords of Italian cities; but rights secured by equal laws and by sharing power existed nowhere.

From this universal degradation the world was rescued by the most gifted of the nations. Athens, which like other cities was distracted and oppressed by a privileged class, avoided violence and appointed Solon to revise its laws. It was the happiest choice that history records. Solon was not only the wisest man to be found in Athens, but the most profound political genius of antiquity; and the easy, bloodless, and pacific revolution by which he accomplished the deliverance of his country was the first step in a career which our age glories in pursuing, and instituted a power which has done more than anything, except revealed religion, for the regeneration of society. The upper class had possessed the right of making and administering the laws, and he left them in possession, only transferring to wealth what had been the privilege of birth. To the rich, who alone had the means of sustaining the burden of public service in taxation and war, Solon gave a share of power proportioned to the demands made on their resources. The poorest classes were exempt from direct taxes, but were excluded from office. Solon gave them a voice in electing magistrates from the classes above them, and the right of calling them to account. This concession, apparently so slender, was the beginning of a mighty change. It introduced the idea that a man ought to have a voice in selecting those to whose rectitude and wisdom he is compelled to trust his fortune, his family, and his life. And this idea completely inverted the notion of human authority, for it inaugurated the reign of moral influence where all political power had depended on moral force. Government by consent superseded government by compulsion, and the pyramid which had stood on a point was made to stand upon its base. By making every citizen the guardian of his own interest Solon admitted the element of Democracy into the State. The greatest glory of a ruler, he said, is to create a popular government. Believing that no man can be entirely trusted, he subjected all who exercised power to the vigilant control of those for whom they acted.

The only resource against political disorders that had been known till then was the concentration of power. Solon undertook to effect the same object by the distribution of power. He gave to the common people as much influence as he thought them able to employ, that the State might be exempt from arbitrary government. It is the essence of Democracy, he said, to obey no master but the law. Solon recognised the principle that political forms are not final or inviolable, and must adapt themselves to facts; and he provided so well for the revision of his constitution, without breach of continuity or loss of stability, that for centuries after his death the Attic orators attributed to him, and quoted by his name, the whole structure of Athenian law. The direction of its growth was determined by the fundamental doctrine of Solon, that political power ought to be commensurate with public service. In the Persian war the services of the Democracy eclipsed those of the Patrician orders, for the fleet that swept the Asiatics from the Egean Sea was manned by the poorer Athenians. That class, whose valour had saved the State and had preserved European civilisation, had gained a title to increase of influence and privilege. The offices of State, which had been a monopoly of the rich, were thrown open to the poor, and in order to make sure that they should obtain their share, all but the highest commands were distributed by lot.

Whilst the ancient authorities were decaying, there was no accepted standard of moral and political right to make the framework of society fast in the midst of change. The instability that had seized on the forms threatened the very principles of government. The national beliefs were yielding to doubt, and doubt was not yet making way for knowledge. There had been a time when the obligations of public as well as private life were identified with the will of the gods. But that time had passed. Pallas, the ethereal goddess of the Athenians, and the Sun god whose oracles, delivered from the temple between the twin summits of Parnassus, did so much for the Greek nationality, aided in keeping up a lofty ideal of religion; but when the enlightened men of Greece learnt to apply their keen faculty of reasoning to the system of their inherited belief, they became quickly conscious that the conceptions of the gods corrupted the life and degraded the minds of the public. Popular morality could not be sustained by the popular religion. The moral instruction which was no longer supplied by the gods could not yet be found in books. There was no venerable code expounded by experts, no doctrine proclaimed by men of reputed sanctity like those teachers of the far East whose words still rule the fate of nearly half mankind. The effort to account for things by close observation and exact reasoning began by destroying. There came a time when the philosophers of the Porch and the Academy wrought the dictates of wisdom and virtue into a system so consistent and profound that it has vastly shortened the task of the Christian divines. But that time had not yet come.

The epoch of doubt and transition during which the Greeks passed from the dim fancies of mythology to the fierce light of science was the age of Pericles, and the endeavour to substitute certain truth for the prescriptions of impaired authorities, which was then beginning to absorb the energies of the Greek intellect, is the grandest movement in the profane annals of mankind, for to it we owe, even after the immeasurable progress accomplished by Christianity, much of our philosophy and far the better part of the political knowledge we possess. Pericles, who was at the head of the Athenian Government, was the first statesman who encountered the problem which the rapid weakening of traditions forced on the political world. No authority in morals or in politics remained unshaken by the motion that was in the air. No guide could be confidently trusted; there was no available criterion to appeal to, for the means of controlling or denying convictions that prevailed among the people. The popular sentiment as to what was right might be mistaken, but it was subject to no test. The people were, for practical purposes, the seat of the knowledge of good and evil. The people, therefore, were the seat of power.

The political philosophy of Pericles consisted of this conclusion. He resolutely struck away all the props that still sustained the artificial preponderance of wealth. For the ancient doctrine that power goes with land, he introduced the idea that power ought to be so equitably diffused as to afford equal security to all. That one part of the community should govern the whole, or that one class should make laws for another, he declared to be tyrannical. The abolition of privilege would have served only to transfer the supremacy from the rich to the poor, if Pericles had not redressed the balance by restricting the right of citizenship to Athenians of pure descent. By this measure the class which formed what we should call the third estate was brought down to 14,000 citizens, and became about equal in numbers with the higher ranks. Pericles held that every Athenian who neglected to take his part in the public business inflicted an injury on the commonwealth. That none might be excluded by poverty, he caused the poor to be paid for their attendance out of the funds of the State; for his administration of the federal tribute had brought together a treasure of more than two million sterling. The instrument of his sway was the art of speaking. He governed by persuasion. Everything was decided by argument in open deliberation, and every influence bowed before the ascendency of mind. The idea that the object of constitutions is not to confirm the predominance of any interest, but to prevent it; to preserve with equal care the independence of labour and the security of property; to make the rich safe against envy, and the poor against oppression, marks the highest level attained by the statesmanship of Greece. It hardly survived the great patriot who conceived it; and all history has been occupied with the endeavour to upset the balance of power by giving the advantage to money, land, or numbers. A generation followed that has never been equalled in talent--a generation of men whose works, in poetry and eloquence, are still the envy of the world, and in history, philosophy, and politics remain unsurpassed. But it produced no successor to Pericles, and no man was able to wield the sceptre that fell from his hand.

It was a momentous step in the progress of nations when the principle that every interest should have the right and the means of asserting itself was adopted by the Athenian Constitution. But for those who were beaten in the vote there was no redress. The law did not check the triumph of majorities or rescue the minority from the dire penalty of having been outnumbered. When the overwhelming influence of Pericles was removed, the conflict between classes raged without restraint, and the slaughter that befell the higher ranks in the Peloponnesian war gave an irresistible preponderance to the lower. The restless and inquiring spirit of the Athenians was prompt to unfold the reason of every institution and the consequences of every principle, and their Constitution ran its course from infancy to decrepitude with unexampled speed.

Two men's lives span the interval from the first admission of popular influence, under Solon, to the downfall of the State. Their history furnishes the classic example of the peril of Democracy under conditions singularly favourable. For the Athenians were not only brave and patriotic and capable of generous sacrifice, but they were the most religious of the Greeks. They venerated the Constitution which had given them prosperity, and equality, and freedom, and never questioned the fundamental laws which regulated the enormous power of the Assembly. They tolerated considerable variety of opinion and great licence of speech; and their humanity towards their slaves roused the indignation even of the most intelligent partisan of aristocracy. Thus they became the only people of antiquity that grew great by democratic institutions. But the possession of unlimited power, which corrodes the conscience, hardens the heart, and confounds the understanding of monarchs, exercised its demoralising influence on the illustrious democracy of Athens. It is bad to be oppressed by a minority, but it is worse to be oppressed by a majority. For there is a reserve of latent power in the masses which, if it is called into play, the minority can seldom resist. But from the absolute will of an entire people there is no appeal, no redemption, no refuge but treason. The humblest and most numerous class of the Athenians united the legislative, the judicial, and, in part, the executive power. The philosophy that was then in the ascendant taught them that there is no law superior to that of the State--the lawgiver is above the law.

It followed that the sovereign people had a right to do whatever was within its power, and was bound by no rule of right or wrong but its own judgment of expediency. On a memorable occasion the assembled Athenians declared it monstrous that they should be prevented from doing whatever they chose. No force that existed could restrain them; and they resolved that no duty should restrain them, and that they would be bound by no laws that were not of their own making. In this way the emancipated people of Athens became a tyrant; and their Government, the pioneer of European freedom, stands condemned with a terrible unanimity by all the wisest of the ancients. They ruined their city by attempting to conduct war by debate in the marketplace. Like the French Republic, they put their unsuccessful commanders to death. They treated their dependencies with such injustice that they lost their maritime Empire. They plundered the rich until the rich conspired with the public enemy, and they crowned their guilt by the martyrdom of Socrates.

When the absolute sway of numbers had endured for near a quarter of a century, nothing but bare existence was left for the State to lose; and the Athenians, wearied and despondent, confessed the true cause of their ruin. They understood that for liberty, justice, and equal laws, it is as necessary that Democracy should restrain itself as it had been that it should restrain the Oligarchy. They resolved to take their stand once more upon the ancient ways, and to restore the order of things which had subsisted when the monopoly of power had been taken from the rich and had not been acquired by the poor. After a first restoration had failed, which is only memorable because Thucydides, whose judgment in politics is never at fault, pronounced it the best Government Athens had enjoyed, the attempt was renewed with more experience and greater singleness of purpose. The hostile parties were reconciled, and proclaimed an amnesty, the first in history. They resolved to govern by concurrence. The laws, which had the sanction of tradition, were reduced to a code; and no act of the sovereign assembly was valid with which they might be found to disagree. Between the sacred lines of the Constitution which were to remain inviolate, and the decrees which met from time to time the needs and notions of the day, a broad distinction was drawn; and the fabric of a law which had been the work of generations was made independent of momentary variations in the popular will. The repentance of the Athenians came too late to save the Republic. But the lesson of their experience endures for all times, for it teaches that government by the whole people, being the government of the most numerous and most powerful class, is an evil of the same nature as unmixed monarchy, and requires, for nearly the same reasons, institutions that shall protect it against itself, and shall uphold the permanent reign of law against arbitrary revolutions of opinion.

* * * * *

Parallel with the rise and fall of Athenian freedom, Rome was employed in working out the same problems, with greater constructive sense, and greater temporary success, but ending at last in a far more terrible catastrophe. That which among the ingenious Athenians had been a development carried forward by the spell of plausible argument, was in Rome a conflict between rival forces. Speculative politics had no attraction for the grim and practical genius of the Romans. They did not consider what would be the cleverest way of getting over a difficulty, but what way was indicated by analogous cases; and they assigned less influence to the impulse and spirit of the moment, than to precedent and example. Their peculiar character prompted them to ascribe the origin of their laws to early times, and in their desire to justify the continuity of their institutions, and to get rid of the reproach of innovation, they imagined the legendary history of the kings of Rome. The energy of their adherence to traditions made their progress slow, they advanced only under compulsion of almost unavoidable necessity, and the same questions recurred often, before they were settled. The constitutional history of the Republic turns on the endeavours of the aristocracy, who claimed to be the only true Romans, to retain in their hands the power they had wrested from the kings, and of the plebeians to get an equal share in it. And this controversy, which the eager and restless Athenians went through in one generation, lasted for more than two centuries, from a time when the plebs were excluded from the government of the city, and were taxed, and made to serve without pay, until, in the year 286, they were admitted to political equality. Then followed one hundred and fifty years of unexampled prosperity and glory; and then, out of the original conflict which had been compromised, if not theoretically settled, a new struggle arose which was without an issue.

The mass of poorer families, impoverished by incessant service in war, were reduced to dependence on an aristocracy of about two thousand wealthy men, who divided among themselves the immense domain of the State. When the need became intense the Gracchi tried to relieve it by inducing the richer classes to allot some share in the public lands to the common people. The old and famous aristocracy of birth and rank had made a stubborn resistance, but it knew the art of yielding. The later and more selfish aristocracy was unable to learn it. The character of the people was changed by the sterner motives of dispute. The fight for political power had been carried on with the moderation which is so honourable a quality of party contests in England. But the struggle for the objects of material existence grew to be as ferocious as civil controversies in France. Repulsed by the rich, after a struggle of twenty-two years, the people, three hundred and twenty thousand of whom depended on public rations for food, were ready to follow any man who promised to obtain for them by revolution what they could not obtain by law.

For a time the Senate, representing the ancient and threatened order of things, was strong enough to overcome every popular leader that arose, until Julius Cæsar, supported by an army which he had led in an unparalleled career of conquest, and by the famished masses which he won by his lavish liberality, and skilled beyond all other men in the art of governing, converted the Republic into a Monarchy by a series of measures that were neither violent nor injurious.

The Empire preserved the Republican forms until the reign of Diocletian; but the will of the Emperors was as uncontrolled as that of the people had been after the victory of the Tribunes. Their power was arbitrary even when it was most wisely employed, and yet the Roman Empire rendered greater services to the cause of liberty than the Roman Republic. I do not mean by reason of the temporary accident that there were emperors who made good use of their immense opportunities, such as Nerva, of whom Tacitus says that he combined monarchy and liberty, things otherwise incompatible; or that the Empire was what its panegyrists declared it, the perfection of Democracy. In truth it was at best an ill-disguised and odious despotism. But Frederic the Great was a despot; yet he was a friend to toleration and free discussion. The Bonapartes were despotic; yet no liberal ruler was ever more acceptable to the masses of the people than the First Napoleon, after he had destroyed the Republic, in 1805, and the Third Napoleon at the height of his power in 1859. In the same way, the Roman Empire possessed merits which, at a distance, and especially at a great distance of time, concern men more deeply than the tragic tyranny which was felt in the neighbourhood of the Palace. The poor had what they had demanded in vain of the Republic. The rich fared better than during the Triumvirate. The rights of Roman citizens were extended to the people of the provinces. To the imperial epoch belong the better part of Roman literature and nearly the entire Civil Law; and it was the Empire that mitigated slavery, instituted religious toleration, made a beginning of the law of nations, and created a perfect system of the law of property. The Republic which Cæsar overthrew had been anything but a free State. It provided admirable securities for the rights of citizens; it treated with savage disregard the rights of men; and allowed the free Roman to inflict atrocious wrongs on his children, on debtors and dependants, on prisoners and slaves. Those deeper ideas of right and duty, which are not found on the tables of municipal law, but with which the generous minds of Greece were conversant, were held of little account, and the philosophy which dealt with such speculations was repeatedly proscribed, as a teacher of sedition and impiety.

At length, in the year 155, the Athenian philosopher Carneades appeared at Rome, on a political mission. During an interval of official business he delivered two public orations, to give the unlettered conquerors of his country a taste of the disputations that flourished in the Attic schools. On the first day he discoursed of natural justice. On the next he denied its existence, arguing that all our notions of good and evil are derived from positive enactment. From the time of that memorable display, the genius of the vanquished held its conquerors in thrall. The most eminent of the public men of Rome, such as Scipio and Cicero, formed their minds on Grecian models, and her jurists underwent the rigorous discipline of Zeno and Chrysippus.

If, drawing the limit in the second century, when the influence of Christianity becomes perceptible, we should form our judgment of the politics of antiquity by its actual legislation, our estimate would be low. The prevailing notions of freedom were imperfect, and the endeavours to realise them were wide of the mark. The ancients understood the regulation of power better than the regulation of liberty. They concentrated so many prerogatives in the State as to leave no footing from which a man could deny its jurisdiction or assign bounds to its activity. If I may employ an expressive anachronism, the vice of the classic State was that it was both Church and State in one. Morality was undistinguished from religion and politics from morals; and in religion, morality, and politics there was only one legislator and one authority. The State, while it did deplorably little for education, for practical science, for the indigent and helpless, or for the spiritual needs of man, nevertheless claimed the use of all his faculties and the determination of all his duties. Individuals and families, associations and dependencies were so much material that the sovereign power consumed for its own purposes. What the slave was in the hands of his master, the citizen was in the hands of the community. The most sacred obligations vanished before the public advantage. The passengers existed for the sake of the ship. By their disregard for private interests, and for the moral welfare and improvement of the people, both Greece and Rome destroyed the vital elements on which the prosperity of nations rests, and perished by the decay of families and the depopulation of the country. They survive not in their institutions, but in their ideas, and by their ideas, especially on the art of government, they are--

The dead, but sceptred sovereigns who still rule Our spirits from their urns.

To them, indeed, may be tracked nearly all the errors that are undermining political society--Communism, Utilitarianism, the confusion between tyranny and authority, and between lawlessness and freedom.

The notion that men lived originally in a state of nature, by violence and without laws, is due to Critias. Communism in its grossest form was recommended by Diogenes of Sinope. According to the Sophists, there is no duty above expediency and no virtue apart from pleasure. Laws are an invention of weak men to rob their betters of the reasonable enjoyment of their superiority. It is better to inflict than to suffer wrong; and as there is no greater good than to do evil without fear of retribution, so there is no worse evil than to suffer without the consolation of revenge. Justice is the mask of a craven spirit; injustice is worldly wisdom; and duty, obedience, self-denial are the impostures of hypocrisy. Government is absolute, and may ordain what it pleases, and no subject can complain that it does him wrong, but as long as he can escape compulsion and punishment, he is always free to disobey. Happiness consists in obtaining power and in eluding the necessity of obedience; and he that gains a throne by perfidy and murder, deserves to be truly envied.

Epicurus differed but little from the propounders of the code of revolutionary despotism. All societies, he said, are founded on contract for mutual protection. Good and evil are conventional terms, for the thunderbolts of heaven fall alike on the just and the unjust. The objection to wrongdoing is not the act, but in its consequences to the wrongdoer. Wise men contrive laws, not to bind, but to protect themselves; and when they prove to be unprofitable they cease to be valid. The illiberal sentiments of even the most illustrious metaphysicians are disclosed in the saying of Aristotle, that the mark of the worst governments is that they leave men free to live as they please.

If you will bear in mind that Socrates, the best of the pagans, knew of no higher criterion for men, of no better guide of conduct, than the laws of each country; that Plato, whose sublime doctrine was so near an anticipation of Christianity that celebrated theologians wished his works to be forbidden, lest men should be content with them, and indifferent to any higher dogma--to whom was granted that prophetic vision of the Just Man, accused, condemned and scourged, and dying on a Cross--nevertheless employed the most splendid intellect ever bestowed on man to advocate the abolition of the family and the exposure of infants; that Aristotle, the ablest moralist of antiquity, saw no harm in making raids upon a neighbouring people, for the sake of reducing them to slavery--still more, if you will consider that, among the moderns, men of genius equal to these have held political doctrines not less criminal or absurd--it will be apparent to you how stubborn a phalanx of error blocks the paths of truth; that pure reason is as powerless as custom to solve the problem of free government; that it can only be the fruit of long, manifold, and painful experience; and that the tracing of the methods by which divine wisdom has educated the nations to appreciate and to assume the duties of freedom, is not the least part of that true philosophy that studies to

Assert eternal Providence, And justify the ways of God to men.

But, having sounded the depth of their errors, I should give you a very inadequate idea of the wisdom of the ancients if I allowed it to appear that their precepts were no better than their practice. While statesmen and senates and popular assemblies supplied examples of every description of blunder, a noble literature arose, in which a priceless treasure of political knowledge was stored, and in which the defects of the existing institutions were exposed with unsparing sagacity. The point on which the ancients were most nearly unanimous is the right of the people to govern, and their inability to govern alone. To meet this difficulty, to give to the popular element a full share without a monopoly of power, they adopted very generally the theory of a mixed Constitution. They differed from our notion of the same thing, because modern Constitutions have been a device for limiting monarchy; with them they were invented to curb democracy. The idea arose in the time of Plato--though he repelled it--when the early monarchies and oligarchies had vanished, and it continued to be cherished long after all democracies had been absorbed in the Roman Empire. But whereas a sovereign prince who surrenders part of his authority yields to the argument of superior force, a sovereign people relinquishing its own prerogative succumbs to the influence of reason. And it has in all times proved more easy to create limitations by the use of force than by persuasion.

The ancient writers saw very clearly that each principle of government standing alone is carried to excess and provokes a reaction. Monarchy hardens into despotism. Aristocracy contracts into oligarchy. Democracy expands into the supremacy of numbers. They therefore imagined that to restrain each element by combining it with the others would avert the natural process of self-destruction, and endow the State with perpetual youth. But this harmony of monarchy, aristocracy, and democracy blended together, which was the ideal of many writers, and which they supposed to be exhibited by Sparta, by Carthage, and by Rome, was a chimera of philosophers never realised by antiquity. At last Tacitus, wiser than the rest, confessed that the mixed Constitution, however admirable in theory, was difficult to establish and impossible to maintain. His disheartening avowal is not disowned by later experience.

The experiment has been tried more often than I can tell, with a combination of resources that were unknown to the ancients--with Christianity, parliamentary government, and a free press. Yet there is no example of such a balanced Constitution having lasted a century. If it has succeeded anywhere it has been in our favoured country and in our time; and we know not yet how long the wisdom of the nation will preserve the equipoise. The Federal check was as familiar to the ancients as the Constitutional. For the type of all their Republics was the government of a city by its own inhabitants meeting in the public place. An administration embracing many cities was known to them only in the form of the oppression which Sparta exercised over the Messenians, Athens over her Confederates, and Rome over Italy. The resources which, in modern times, enabled a great people to govern itself through a single centre did not exist. Equality could be preserved only by Federalism; and it occurs more often amongst them than in the modern world. If the distribution of power among the several parts of the State is the most efficient restraint on monarchy, the distribution of power among several States is the best check on democracy. By multiplying centres of government and discussion it promotes the diffusion of political knowledge and the maintenance of healthy and independent opinion. It is the protectorate of minorities, and the consecration of self-government. But although it must be enumerated among the better achievements of practical genius in antiquity, it arose from necessity, and its properties were imperfectly investigated in theory.

When the Greeks began to reflect on the problems of society, they first of all accepted things as they were, and did their best to explain and defend them. Inquiry, which with us is stimulated by doubt, began with them in wonder. The most illustrious of the early philosophers, Pythagoras, promulgated a theory for the preservation of political power in the educated class, and ennobled a form of government which was generally founded on popular ignorance and on strong class interests. He preached authority and subordination, and dwelt more on duties than on rights, on religion than on policy; and his system perished in the revolution by which oligarchies were swept away. The revolution afterwards developed its own philosophy, whose excesses I have described.

But between the two eras, between the rigid didactics of the early Pythagoreans and the dissolving theories of Protagoras, a philosopher arose who stood aloof from both extremes, and whose difficult sayings were never really understood or valued until our time. Heraclitus, of Ephesus, deposited his book in the temple of Diana. The book has perished, like the temple and the worship, but its fragments have been collected and interpreted with incredible ardour, by the scholars, the divines, the philosophers, and politicians who have been engaged the most intensely in the toil and stress of this century. The most renowned logician of the last century adopted every one of his propositions; and the most brilliant agitator among Continental Socialists composed a work of eight hundred and forty pages to celebrate his memory.

Heraclitus complained that the masses were deaf to truth, and knew not that one good man counts for more than thousands; but he held the existing order in no superstitious reverence. Strife, he says, is the source and the master of all things. Life is perpetual motion, and repose is death. No man can plunge twice into the same current, for it is always flowing and passing, and is never the same. The only thing fixed and certain in the midst of change is the universal and sovereign reason, which all men may not perceive, but which is common to all. Laws are sustained by no human authority, but by virtue of their derivation from the one law that is divine. These sayings, which recall the grand outlines of political truth which we have found in the Sacred Books, and carry us forward to the latest teaching of our most enlightened contemporaries, would bear a good deal of elucidation and comment. Heraclitus is, unfortunately, so obscure that Socrates could not understand him, and I won't pretend to have succeeded better.

If the topic of my address was the history of political science, the highest and the largest place would belong to Plato and Aristotle. The Laws of the one, the Politics of the other, are, if I may trust my own experience, the books from which we may learn the most about the principles of politics. The penetration with which those great masters of thought analysed the institutions of Greece, and exposed their vices, is not surpassed by anything in later literature; by Burke or Hamilton, the best political writers of the last century; by Tocqueville or Roscher, the most eminent of our own. But Plato and Aristotle were philosophers, studious not of unguided freedom, but of intelligent government. They saw the disastrous effects of ill-directed striving for liberty; and they resolved that it was better not to strive for it, but to be content with a strong administration, prudently adapted to make men prosperous and happy.

Now liberty and good government do not exclude each other; and there are excellent reasons why they should go together. Liberty is not a means to a higher political end. It is itself the highest political end. It is not for the sake of a good public administration that it is required, but for security in the pursuit of the highest objects of civil society, and of private life. Increase of freedom in the State may sometimes promote mediocrity, and give vitality to prejudice; it may even retard useful legislation, diminish the capacity for war, and restrict the boundaries of Empire. It might be plausibly argued that, if many things would be worse in England or Ireland under an intelligent despotism, some things would be managed better; that the Roman Government was more enlightened under Augustus and Antoninus than under the Senate, in the days of Marius or of Pompey. A generous spirit prefers that his country should be poor, and weak, and of no account, but free, rather than powerful, prosperous, and enslaved. It is better to be the citizen of a humble commonwealth in the Alps, without a prospect of influence beyond the narrow frontier, than a subject of the superb autocracy that overshadows half of Asia and of Europe. But it may be urged, on the other side, that liberty is not the sum or the substitute of all the things men ought to live for; that to be real it must be circumscribed, and that the limits of circumscription vary; that advancing civilisation invests the State with increased rights and duties, and imposes increased burdens and constraint on the subject; that a highly instructed and intelligent community may perceive the benefit of compulsory obligations which, at a lower stage, would be thought unbearable; that liberal progress is not vague or indefinite, but aims at a point where the public is subject to no restrictions but those of which it feels the advantage; that a free country may be less capable of doing much for the advancement of religion, the prevention of vice, or the relief of suffering, than one that does not shrink from confronting great emergencies by some sacrifice of individual rights, and some concentration of power; and that the supreme political object ought to be sometimes postponed to still higher moral objects. My argument involves no collision with these qualifying reflections. We are dealing, not with the effects of freedom, but with its causes. We are seeking out the influences which brought arbitrary government under control, either by the diffusion of power, or by the appeal to an authority which transcends all government, and among those influences the greatest philosophers of Greece have no claim to be reckoned.

It is the Stoics who emancipated mankind from its subjugation to despotic rule, and whose enlightened and elevated views of life bridged the chasm that separates the ancient from the Christian state, and led the way to freedom. Seeing how little security there is that the laws of any land shall be wise or just, and that the unanimous will of a people and the assent of nations are liable to err, the Stoics looked beyond those narrow barriers, and above those inferior sanctions, for the principles that ought to regulate the lives of men and the existence of society. They made it known that there is a will superior to the collective will of man, and a law that overrules those of Solon and Lycurgus. Their test of good government is its conformity to principles that can be traced to a higher legislator. That which we must obey, that to which we are bound to reduce all civil authorities, and to sacrifice every earthly interest, is that immutable law which is perfect and eternal as God Himself, which proceeds from His nature, and reigns over heaven and earth and over all the nations.

The great question is to discover, not what governments prescribe, but what they ought to prescribe; for no prescription is valid against the conscience of mankind. Before God, there is neither Greek nor barbarian, neither rich nor poor, and the slave is as good as his master, for by birth all men are free; they are citizens of that universal commonwealth which embraces all the world, brethren of one family, and children of God. The true guide of our conduct is no outward authority, but the voice of God, who comes down to dwell in our souls, who knows all our thoughts, to whom are owing all the truth we know, and all the good we do; for vice is voluntary, and virtue comes from the grace of the heavenly spirit within.

What the teaching of that divine voice is, the philosophers who had imbibed the sublime ethics of the Porch went on to expound: It is not enough to act up to the written law, or to give all men their due; we ought to give them more than their due, to be generous and beneficent, to devote ourselves for the good of others, seeking our reward in self-denial and sacrifice, acting from the motive of sympathy and not of personal advantage. Therefore we must treat others as we wish to be treated by them, and must persist until death in doing good to our enemies, regardless of unworthiness and ingratitude. For we must be at war with evil, but at peace with men, and it is better to suffer than to commit injustice. True freedom, says the most eloquent of the Stoics, consists in obeying God. A State governed by such principles as these would have been free far beyond the measure of Greek or Roman freedom; for they open a door to religious toleration, and close it against slavery. Neither conquest nor purchase, said Zeno, can make one man the property of another.

These doctrines were adopted and applied by the great jurists of the Empire. The law of nature, they said, is superior to the written law, and slavery contradicts the law of nature. Men have no right to do what they please with their own, or to make profit out of another's loss. Such is the political wisdom of the ancients, touching the foundations of liberty, as we find it in its highest development, in Cicero, and Seneca, and Philo, a Jew of Alexandria. Their writings impress upon us the greatness of the work of preparation for the Gospel which had been accomplished among men on the eve of the mission of the Apostles. St. Augustine, after quoting Seneca, exclaims: "What more could a Christian say than this Pagan has said?" The enlightened pagans had reached nearly the last point attainable without a new dispensation, when the fulness of time was come. We have seen the breadth and the splendour of the domain of Hellenic thought, and it has brought us to the threshold of a greater kingdom. The best of the later classics speak almost the language of Christianity, and they border on its spirit.

But in all that I have been able to cite from classical literature, three things are wanting,--representative government, the emancipation of the slaves, and liberty of conscience. There were, it is true, deliberative assemblies, chosen by the people; and confederate cities, of which, both in Asia and Africa, there were so many leagues, sent their delegates to sit in Federal Councils. But government by an elected Parliament was even in theory a thing unknown. It is congruous with the nature of Polytheism to admit some measure of toleration. And Socrates, when he avowed that he must obey God rather than the Athenians, and the Stoics, when they set the wise man above the law, were very near giving utterance to the principle. But it was first proclaimed and established by enactment, not in polytheistic and philosophical Greece, but in India, by Asoka, the earliest of the Buddhist kings, two hundred and fifty years before the birth of Christ.

Slavery has been, far more than intolerance, the perpetual curse and reproach of ancient civilisation, and although its rightfulness was disputed as early as the days of Aristotle, and was implicitly, if not definitely, denied by several Stoics, the moral philosophy of the Greeks and Romans, as well as their practice, pronounced decidedly in its favour. But there was one extraordinary people who, in this as in other things, anticipated the purer precept that was to come. Philo of Alexandria is one of the writers whose views on society were most advanced. He applauds not only liberty but equality in the enjoyment of wealth. He believes that a limited democracy, purged of its grosser elements, is the most perfect government, and will extend itself gradually over all the world. By freedom he understood the following of God. Philo, though he required that the condition of the slave should be made compatible with the wants and claims of his higher nature, did not absolutely condemn slavery. But he has put on record the customs of the Essenes of Palestine, a people who, uniting the wisdom of the Gentiles with the faith of the Jews, led lives which were uncontaminated by the surrounding civilisation, and were the first to reject slavery both in principle and practice. They formed a religious community rather than a State, and their numbers did not exceed 4000. But their example testifies to how great a height religious men were able to raise their conception of society even without the succour of the New Testament, and affords the strongest condemnation of their contemporaries.

This, then, is the conclusion to which our survey brings us: There is hardly a truth in politics or in the system of the rights of man that was not grasped by the wisest of the Gentiles and the Jews, or that they did not declare with a refinement of thought and a nobleness of expression that later writers could never surpass. I might go on for hours, reciting to you passages on the law of nature and the duties of man, so solemn and religious that though they come from the profane theatre on the Acropolis, and from the Roman Forum, you would deem that you were listening to the hymns of Christian Churches and the discourse of ordained divines. But although the maxims of the great classic teachers, of Sophocles, and Plato, and Seneca, and the glorious examples of public virtue were in the mouths of all men, there was no power in them to avert the doom of that civilisation for which the blood of so many patriots and the genius of such incomparable writers had been wasted in vain. The liberties of the ancient nations were crushed beneath a hopeless and inevitable despotism, and their vitality was spent, when the new power came forth from Galilee, giving what was wanting to the efficacy of human knowledge to redeem societies as well as men.

It would be presumptuous if I attempted to indicate the numberless channels by which Christian influence gradually penetrated the State. The first striking phenomenon is the slowness with which an action destined to be so prodigious became manifest. Going forth to all nations, in many stages of civilisation and under almost every form of government, Christianity had none of the character of a political apostolate, and in its absorbing mission to individuals did not challenge public authority. The early Christians avoided contact with the State, abstained from the responsibilities of office, and were even reluctant to serve in the army. Cherishing their citizenship of a kingdom not of this world, they despaired of an empire which seemed too powerful to be resisted and too corrupt to be converted, whose institutions, the work and the pride of untold centuries of paganism, drew their sanctions from the gods whom the Christians accounted devils, which plunged its hands from age to age in the blood of martyrs, and was beyond the hope of regeneration and foredoomed to perish. They were so much overawed as to imagine that the fall of the State would be the end of the Church and of the world, and no man dreamed of the boundless future of spiritual and social influence that awaited their religion among the race of destroyers that were bringing the empire of Augustus and of Constantine to humiliation and ruin. The duties of government were less in their thoughts than the private virtues and duties of subjects; and it was long before they became aware of the burden of power in their faith. Down almost to the time of Chrysostom, they shrank from contemplating the obligation to emancipate the slaves.

Although the doctrine of self-reliance and self-denial, which is the foundation of political economy, was written as legibly in the New Testament as in the Wealth of Nations, it was not recognised until our age. Tertullian boasts of the passive obedience of the Christians. Melito writes to a pagan Emperor as if he were incapable of giving an unjust command; and in Christian times Optatus thought that whoever presumed to find fault with his sovereign exalted himself almost to the level of a god. But this political quietism was not universal. Origen, the ablest writer of early times, spoke with approval of conspiring for the destruction of tyranny.

After the fourth century the declarations against slavery are earnest and continual. And in a theological but yet pregnant sense, divines of the second century insist on liberty, and divines of the fourth century on equality. There was one essential and inevitable transformation in politics. Popular governments had existed, and also mixed and federal governments, but there had been no limited government, no State the circumference of whose authority had been defined by a force external to its own. That was the great problem which philosophy had raised, and which no statesmanship had been able to solve. Those who proclaimed the assistance of a higher authority had indeed drawn a metaphysical barrier before the governments, but they had not known how to make it real. All that Socrates could effect by way of protest against the tyranny of the reformed democracy was to die for his convictions. The Stoics could only advise the wise man to hold aloof from politics, keeping the unwritten law in his heart. But when Christ said: "Render unto Cæsar the things that are Cæsar's, and unto God the things that are God's," those words, spoken on His last visit to the Temple, three days before His death, gave to the civil power, under the protection of conscience, a sacredness it had never enjoyed, and bounds it had never acknowledged; and they were the repudiation of absolutism and the inauguration of freedom. For our Lord not only delivered the precept, but created the force to execute it. To maintain the necessary immunity in one supreme sphere, to reduce all political authority within defined limits, ceased to be an aspiration of patient reasoners, and was made the perpetual charge and care of the most energetic institution and the most universal association in the world. The new law, the new spirit, the new authority, gave to liberty a meaning and a value it had not possessed in the philosophy or in the constitution of Greece or Rome before the knowledge of the truth that makes us free.

FOOTNOTES:

[Footnote 2: An address delivered to the members of the Bridgnorth Institution at the Agricultural Hall, 26th February 1877.]

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II. THE HISTORY OF FREEDOM IN CHRISTIANITY[3]

When Constantine the Great carried the seat of empire from Rome to Constantinople he set up in the marketplace of the new capital a porphyry pillar which had come from Egypt, and of which a strange tale is told. In a vault beneath he secretly buried the seven sacred emblems of the Roman State, which were guarded by the virgins in the temple of Vesta, with the fire that might never be quenched. On the summit he raised a statue of Apollo, representing himself, and enclosing a fragment of the Cross; and he crowned it with a diadem of rays consisting of the nails employed at the Crucifixion, which his mother was believed to have found at Jerusalem.

The pillar still stands, the most significant monument that exists of the converted empire; for the notion that the nails which had pierced the body of Christ became a fit ornament for a heathen idol as soon as it was called by the name of a living emperor indicates the position designed for Christianity in the imperial structure of Constantine. Diocletian's attempt to transform the Roman Government into a despotism of the Eastern type had brought on the last and most serious persecution of the Christians; and Constantine, in adopting their faith, intended neither to abandon his predecessor's scheme of policy nor to renounce the fascinations of arbitrary authority, but to strengthen his throne with the support of a religion which had astonished the world by its power of resistance, and to obtain that support absolutely and without a drawback he fixed the seat of his government in the East, with a patriarch of his own creation.

Nobody warned him that by promoting the Christian religion he was tying one of his hands, and surrendering the prerogative of the Cæsars. As the acknowledged author of the liberty and superiority of the Church, he was appealed to as the guardian of her unity. He admitted the obligation; he accepted the trust; and the divisions that prevailed among the Christians supplied his successors with many opportunities of extending that protectorate, and preventing any reduction of the claims or of the resources of imperialism.

Constantine declared his own will equivalent to a canon of the Church. According to Justinian, the Roman people had formally transferred to the emperors the entire plenitude of its authority, and, therefore, the Emperor's pleasure, expressed by edict or by letter, had force of law. Even in the fervent age of its conversion the Empire employed its refined civilisation, the accumulated wisdom of ancient sages, the reasonableness and subtlety of Roman law, and the entire inheritance of the Jewish, the Pagan, and the Christian world, to make the Church serve as a gilded crutch of absolutism. Neither an enlightened philosophy, nor all the political wisdom of Rome, nor even the faith and virtue of the Christians availed against the incorrigible tradition of antiquity. Something was wanted beyond all the gifts of reflection and experience--a faculty of self-government and self-control, developed like its language in the fibre of a nation, and growing with its growth. This vital element, which many centuries of warfare, of anarchy, of oppression had extinguished in the countries that were still draped in the pomp of ancient civilisation, was deposited on the soil of Christendom by the fertilising stream of migration that overthrew the empire of the West.

In the height of their power the Romans became aware of a race of men that had not abdicated freedom in the hands of a monarch; and the ablest writer of the empire pointed to them with a vague and bitter feeling that, to the institutions of these barbarians, not yet crushed by despotism, the future of the world belonged. Their kings, when they had kings, did not preside at their councils; they were sometimes elective; they were sometimes deposed; and they were bound by oath to act in obedience with the general wish. They enjoyed real authority only in war. This primitive Republicanism, which admits monarchy as an occasional incident, but holds fast to the collective supremacy of all free men, of the constituent authority over all constituted authorities, is the remote germ of Parliamentary government. The action of the State was confined to narrow limits; but, besides his position as head of the State, the king was surrounded by a body of followers attached to him by personal or political ties. In these, his immediate dependants, disobedience or resistance to orders was no more tolerated than in a wife, a child, or a soldier; and a man was expected to murder his own father if his chieftain required it. Thus these Teutonic communities admitted an independence of government that threatened to dissolve society; and a dependence on persons that was dangerous to freedom. It was a system very favourable to corporations, but offering no security to individuals. The State was not likely to oppress its subjects; and was not able to protect them.

The first effect of the great Teutonic migration into the regions civilised by Rome was to throw back Europe many centuries to a condition scarcely more advanced than that from which the institutions of Solon had rescued Athens. Whilst the Greeks preserved the literature, the arts, and the science of antiquity and all the sacred monuments of early Christianity with a completeness of which the rended fragments that have come down to us give no commensurate idea, and even the peasants of Bulgaria knew the New Testament by heart, Western Europe lay under the grasp of masters the ablest of whom could not write their names. The faculty of exact reasoning, of accurate observation, became extinct for five hundred years, and even the sciences most needful to society, medicine and geometry, fell into decay, until the teachers of the West went to school at the feet of Arabian masters. To bring order out of chaotic ruin, to rear a new civilisation and blend hostile and unequal races into a nation, the thing wanted was not liberty but force. And for centuries all progress is attached to the action of men like Clovis, Charlemagne, and William the Norman, who were resolute and peremptory, and prompt to be obeyed.

The spirit of immemorial paganism which had saturated ancient society could not be exorcised except by the combined influence of Church and State; and the universal sense that their union was necessary created the Byzantine despotism. The divines of the Empire who could not fancy Christianity flourishing beyond its borders, insisted that the State is not in the Church, but the Church in the State. This doctrine had scarcely been uttered when the rapid collapse of the Western Empire opened a wider horizon; and Salvianus, a priest at Marseilles, proclaimed that the social virtues, which were decaying amid the civilised Romans, existed in greater purity and promise among the Pagan invaders. They were converted with ease and rapidity; and their conversion was generally brought about by their kings.

Christianity, which in earlier times had addressed itself to the masses, and relied on the principle of liberty, now made its appeal to the rulers, and threw its mighty influence into the scale of authority. The barbarians, who possessed no books, no secular knowledge, no education, except in the schools of the clergy, and who had scarcely acquired the rudiments of religious instruction, turned with childlike attachment to men whose minds were stored with the knowledge of Scripture, of Cicero, of St. Augustine; and in the scanty world of their ideas, the Church was felt to be something infinitely vaster, stronger, holier than their newly founded States. The clergy supplied the means of conducting the new governments, and were made exempt from taxation, from the jurisdiction of the civil magistrate, and of the political administrator. They taught that power ought to be conferred by election; and the Councils of Toledo furnished the framework of the Parliamentary system of Spain, which is, by a long interval, the oldest in the world. But the monarchy of the Goths in Spain, as well as that of the Saxons in England, in both of which the nobles and the prelates surrounded the throne with the semblance of free institutions, passed away; and the people that prospered and overshadowed the rest were the Franks, who had no native nobility, whose law of succession to the Crown became for one thousand years the fixed object of an unchanging superstition, and under whom the feudal system was developed to excess.

Feudalism made land the measure and the master of all things. Having no other source of wealth than the produce of the soil, men depended on the landlord for the means of escaping starvation; and thus his power became paramount over the liberty of the subject and the authority of the State. Every baron, said the French maxim, is sovereign in his own domain. The nations of the West lay between the competing tyrannies of local magnates and of absolute monarchs, when a force was brought upon the scene which proved for a time superior alike to the vassal and his lord.

In the days of the Conquest, when the Normans destroyed the liberties of England, the rude institutions which had come with the Saxons, the Goths, and the Franks from the forests of Germany were suffering decay, and the new element of popular government afterwards supplied by the rise of towns and the formation of a middle class was not yet active. The only influence capable of resisting the feudal hierarchy was the ecclesiastical hierarchy; and they came into collision, when the process of feudalism threatened the independence of the Church by subjecting the prelates severally to that form of personal dependence on the kings which was peculiar to the Teutonic state.

To that conflict of four hundred years we owe the rise of civil liberty. If the Church had continued to buttress the thrones of the kings whom it anointed, or if the struggle had terminated speedily in an undivided victory, all Europe would have sunk down under a Byzantine or Muscovite despotism. For the aim of both contending parties was absolute authority. But although liberty was not the end for which they strove, it was the means by which the temporal and the spiritual power called the nations to their aid. The towns of Italy and Germany won their franchises, France got her States-General, and England her Parliament out of the alternate phases of the contest; and as long as it lasted it prevented the rise of divine right. A disposition existed to regard the crown as an estate descending under the law of real property in the family that possessed it. But the authority of religion, and especially of the papacy, was thrown on the side that denied the indefeasible title of kings. In France what was afterwards called the Gallican theory maintained that the reigning house was above the law, and that the sceptre was not to pass away from it as long as there should be princes of the royal blood of St. Louis. But in other countries the oath of fidelity itself attested that it was conditional, and should be kept only during good behaviour; and it was in conformity with the public law to which all monarchs were held subject, that King John was declared a rebel against the barons, and that the men who raised Edward III. to the throne from which they had deposed his father invoked the maxim Vox populi Vox Dei.

And this doctrine of the divine right of the people to raise up and pull down princes, after obtaining the sanctions of religion, was made to stand on broader grounds, and was strong enough to resist both Church and king. In the struggle between the House of Bruce and the House of Plantagenet for the possession of Scotland and Ireland, the English claim was backed by the censures of Rome. But the Irish and the Scots refused it, and the address in which the Scottish Parliament informed the Pope of their resolution shows how firmly the popular doctrine had taken root. Speaking of Robert Bruce, they say: "Divine Providence, the laws and customs of the country, which we will defend till death, and the choice of the people, have made him our king. If he should ever betray his principles, and consent that we should be subjects of the English king, then we shall treat him as an enemy, as the subverter of our rights and his own, and shall elect another in his place. We care not for glory or for wealth, but for that liberty which no true man will give up but with his life." This estimate of royalty was natural among men accustomed to see those whom they most respected in constant strife with their rulers. Gregory VII. had begun the disparagement of civil authorities by saying that they are the work of the devil; and already in his time both parties were driven to acknowledge the sovereignty of the people, and appealed to it as the immediate source of power.

Two centuries later this political theory had gained both in definiteness and in force among the Guelphs, who were the Church party, and among the Ghibellines, or Imperialists. Here are the sentiments of the most celebrated of all the Guelphic writers: "A king who is unfaithful to his duty forfeits his claim to obedience. It is not rebellion to depose him, for he is himself a rebel whom the nation has a right to put down. But it is better to abridge his power, that he may be unable to abuse it. For this purpose, the whole nation ought to have a share in governing itself; the Constitution ought to combine a limited and elective monarchy, with an aristocracy of merit, and such an admixture of democracy as shall admit all classes to office, by popular election. No government has a right to levy taxes beyond the limit determined by the people. All political authority is derived from popular suffrage, and all laws must be made by the people or their representatives. There is no security for us as long as we depend on the will of another man." This language, which contains the earliest exposition of the Whig theory of the revolution, is taken from the works of St. Thomas Aquinas, of whom Lord Bacon says that he had the largest heart of the school divines. And it is worth while to observe that he wrote at the very moment when Simon de Montfort summoned the Commons; and that the politics of the Neapolitan friar are centuries in advance of the English statesman's.

The ablest writer of the Ghibelline party was Marsilius of Padua. "Laws," he said, "derive their authority from the nation, and are invalid without its assent. As the whole is greater than any part, it is wrong that any part should legislate for the whole; and as men are equal, it is wrong that one should be bound by laws made by another. But in obeying laws to which all men have agreed, all men, in reality, govern themselves. The monarch, who is instituted by the legislature to execute its will, ought to be armed with a force sufficient to coerce individuals, but not sufficient to control the majority of the people. He is responsible to the nation, and subject to the law; and the nation that appoints him, and assigns him his duties, has to see that he obeys the Constitution, and has to dismiss him if he breaks it. The rights of citizens are independent of the faith they profess; and no man may be punished for his religion." This writer, who saw in some respects farther than Locke or Montesquieu, who, in regard to the sovereignty of the nation, representative government, the superiority of the legislature over the executive, and the liberty of conscience, had so firm a grasp of the principles that were to sway the modern world, lived in the reign of Edward II., five hundred and fifty years ago.

It is significant that these two writers should agree on so many of the fundamental points which have been, ever since, the topic of controversy; for they belonged to hostile schools, and one of them would have thought the other worthy of death. St. Thomas would have made the papacy control all Christian governments. Marsilius would have had the clergy submit to the law of the land; and would have put them under restrictions both as to property and numbers. As the great debate went on, many things gradually made themselves clear, and grew into settled convictions. For these were not only the thoughts of prophetic minds that surpassed the level of contemporaries; there was some prospect that they would master the practical world. The ancient reign of the barons was seriously threatened. The opening of the East by the Crusades had imparted a great stimulus to industry. A stream set in from the country to the towns, and there was no room for the government of towns in the feudal machinery. When men found a way of earning a livelihood without depending for it on the good will of the class that owned the land, the landowner lost much of his importance, and it began to pass to the possessors of moveable wealth. The townspeople not only made themselves free from the control of prelates and barons, but endeavoured to obtain for their own class and interest the command of the State.

The fourteenth century was filled with the tumult of this struggle between democracy and chivalry. The Italian towns, foremost in intelligence and civilisation, led the way with democratic constitutions of an ideal and generally an impracticable type. The Swiss cast off the yoke of Austria. Two long chains of free cities arose, along the valley of the Rhine, and across the heart of Germany. The citizens of Paris got possession of the king, reformed the State, and began their tremendous career of experiments to govern France. But the most healthy and vigorous growth of municipal liberties was in Belgium, of all countries on the Continent, that which has been from immemorial ages the most stubborn in its fidelity to the principle of self-government. So vast were the resources concentrated in the Flemish towns, so widespread was the movement of democracy, that it was long doubtful whether the new interest would not prevail, and whether the ascendency of the military aristocracy would not pass over to the wealth and intelligence of the men that lived by trade. But Rienzi, Marcel, Artevelde, and the other champions of the unripe democracy of those days, lived and died in vain. The upheaval of the middle class had disclosed the need, the passions, the aspirations of the suffering poor below; ferocious insurrections in France and England caused a reaction that retarded for centuries the readjustment of power, and the red spectre of social revolution arose in the track of democracy. The armed citizens of Ghent were crushed by the French chivalry; and monarchy alone reaped the fruit of the change that was going on in the position of classes, and stirred the minds of men.

Looking back over the space of a thousand years, which we call the Middle Ages, to get an estimate of the work they had done, if not towards perfection in their institutions, at least towards attaining the knowledge of political truth, this is what we find: Representative government, which was unknown to the ancients, was almost universal. The methods of election were crude; but the principle that no tax was lawful that was not granted by the class that paid it--that is, that taxation was inseparable from representation--was recognised, not as the privilege of certain countries, but as the right of all. Not a prince in the world, said Philip de Commines, can levy a penny without the consent of the people. Slavery was almost everywhere extinct; and absolute power was deemed more intolerable and more criminal than slavery. The right of insurrection was not only admitted but defined, as a duty sanctioned by religion. Even the principles of the Habeas Corpus Act, and the method of the Income Tax, were already known. The issue of ancient politics was an absolute state planted on slavery. The political produce of the Middle Ages was a system of states in which authority was restricted by the representation of powerful classes, by privileged associations, and by the acknowledgment of duties superior to those which are imposed by man.

As regards the realisation in practice of what was seen to be good, there was almost everything to do. But the great problems of principle had been solved, and we come to the question, How did the sixteenth century husband the treasure which the Middle Ages had stored up? The most visible sign of the times was the decline of the religious influence that had reigned so long. Sixty years passed after the invention of printing, and thirty thousand books had issued from European presses, before anybody undertook to print the Greek Testament. In the days when every State made the unity of faith its first care, it came to be thought that the rights of men, and the duties of neighbours and of rulers towards them, varied according to their religion; and society did not acknowledge the same obligations to a Turk or a Jew, a pagan or a heretic, or a devil worshipper, as to an orthodox Christian. As the ascendency of religion grew weaker, this privilege of treating its enemies on exceptional principles was claimed by the State for its own benefit; and the idea that the ends of government justify the means employed was worked into system by Machiavelli. He was an acute politician, sincerely anxious that the obstacles to the intelligent government of Italy should be swept away. It appeared to him that the most vexatious obstacle to intellect is conscience, and that the vigorous use of statecraft necessary for the success of difficult schemes would never be made if governments allowed themselves to be hampered by the precepts of the copy-book.

His audacious doctrine was avowed in the succeeding age by men whose personal character stood high. They saw that in critical times good men have seldom strength for their goodness, and yield to those who have grasped the meaning of the maxim that you cannot make an omelette if you are afraid to break the eggs. They saw that public morality differs from private, because no Government can turn the other cheek, or can admit that mercy is better than justice. And they could not define the difference or draw the limits of exception; or tell what other standard for a nation's acts there is than the judgment which Heaven pronounces in this world by success.

Machiavelli's teaching would hardly have stood the test of Parliamentary government, for public discussion demands at least the profession of good faith. But it gave an immense impulse to absolutism by silencing the consciences of very religious kings, and made the good and the bad very much alike. Charles V. offered 5000 crowns for the murder of an enemy. Ferdinand I. and Ferdinand II., Henry III. and Louis XIII., each caused his most powerful subject to be treacherously despatched. Elizabeth and Mary Stuart tried to do the same to each other. The way was paved for absolute monarchy to triumph over the spirit and institutions of a better age, not by isolated acts of wickedness, but by a studied philosophy of crime and so thorough a perversion of the moral sense that the like of it had not been since the Stoics reformed the morality of paganism.

The clergy, who had in so many ways served the cause of freedom during the prolonged strife against feudalism and slavery, were associated now with the interest of royalty. Attempts had been made to reform the Church on the Constitutional model; they had failed, but they had united the hierarchy and the crown against the system of divided power as against a common enemy. Strong kings were able to bring the spirituality under subjection in France and Spain, in Sicily and in England. The absolute monarchy of France was built up in the two following centuries by twelve political cardinals. The kings of Spain obtained the same effect almost at a single stroke by reviving and appropriating to their own use the tribunal of the Inquisition, which had been growing obsolete, but now served to arm them with terrors which effectually made them despotic. One generation beheld the change all over Europe, from the anarchy of the days of the Roses to the passionate submission, the gratified acquiescence in tyranny that marks the reign of Henry VIII. and the kings of his time.

The tide was running fast when the Reformation began at Wittenberg, and it was to be expected that Luther's influence would stem the flood of absolutism. For he was confronted everywhere by the compact alliance of the Church with the State; and great part of his country was governed by hostile potentates who were prelates of the Court of Rome. He had, indeed, more to fear from temporal than from spiritual foes. The leading German bishops wished that the Protestant demands should be conceded; and the Pope himself vainly urged on the Emperor a conciliatory policy. But Charles V. had outlawed Luther, and attempted to waylay him; and the Dukes of Bavaria were active in beheading and burning his disciples, whilst the democracy of the towns generally took his side. But the dread of revolution was the deepest of his political sentiments; and the gloss by which the Guelphic divines had got over the passive obedience of the apostolic age was characteristic of that mediæval method of interpretation which he rejected. He swerved for a moment in his later years; but the substance of his political teaching was eminently conservative, the Lutheran States became the stronghold of rigid immobility, and Lutheran writers constantly condemned the democratic literature that arose in the second age of the Reformation. For the Swiss reformers were bolder than the Germans in mixing up their cause with politics. Zurich and Geneva were Republics, and the spirit of their governments influenced both Zwingli and Calvin.

Zwingli indeed did not shrink from the mediæval doctrine that evil magistrates must be cashiered; but he was killed too early to act either deeply or permanently on the political character of Protestantism. Calvin, although a Republican, judged that the people are unfit to govern themselves, and declared the popular assembly an abuse that ought to be abolished. He desired an aristocracy of the elect, armed with the means of punishing not only crime but vice and error. For he thought that the severity of the mediæval laws was insufficient for the need of the times; and he favoured the most irresistible weapon which the inquisitorial procedure put into the hand of the Government, the right of subjecting prisoners to intolerable torture, not because they were guilty, but because their guilt could not be proved. His teaching, though not calculated to promote popular institutions, was so adverse to the authority of the surrounding monarchs, that he softened down the expression of his political views in the French edition of his Institutes.

The direct political influence of the Reformation effected less than has been supposed. Most States were strong enough to control it. Some, by intense exertion, shut out the pouring flood. Others, with consummate skill, diverted it to their own uses. The Polish Government alone at that time left it to its course. Scotland was the only kingdom in which the Reformation triumphed over the resistance of the State; and Ireland was the only instance where it failed, in spite of Government support. But in almost every other case, both the princes that spread their canvas to the gale and those that faced it, employed the zeal, the alarm, the passions it aroused as instruments for the increase of power. Nations eagerly invested their rulers with every prerogative needed to preserve their faith, and all the care to keep Church and State asunder, and to prevent the confusion of their powers, which had been the work of ages, was renounced in the intensity of the crisis. Atrocious deeds were done, in which religious passion was often the instrument, but policy was the motive.

Fanaticism displays itself in the masses, but the masses were rarely fanaticised, and the crimes ascribed to it were commonly due to the calculations of dispassionate politicians. When the King of France undertook to kill all the Protestants, he was obliged to do it by his own agents. It was nowhere the spontaneous act of the population, and in many towns and in entire provinces the magistrates refused to obey. The motive of the Court was so far from mere fanaticism that the Queen immediately challenged Elizabeth to do the like to the English Catholics. Francis I. and Henry II. sent nearly a hundred Huguenots to the stake, but they were cordial and assiduous promoters of the Protestant religion in Germany. Sir Nicholas Bacon was one of the ministers who suppressed the mass in England. Yet when the Huguenot refugees came over he liked them so little that he reminded Parliament of the summary way in which Henry V. at Agincourt dealt with the Frenchmen who fell into his hands. John Knox thought that every Catholic in Scotland ought to be put to death, and no man ever had disciples of a sterner or more relentless temper. But his counsel was not followed.

All through the religious conflict policy kept the upper hand. When the last of the Reformers died, religion, instead of emancipating the nations, had become an excuse for the criminal art of despots. Calvin preached and Bellarmine lectured, but Machiavelli reigned. Before the close of the century three events occurred which mark the beginning of a momentous change. The massacre of St. Bartholomew convinced the bulk of Calvinists of the lawfulness of rebellion against tyrants, and they became advocates of that doctrine in which the Bishop of Winchester had led the way,[4] and which Knox and Buchanan had received, through their master at Paris, straight from the mediæval schools. Adopted out of aversion to the King of France, it was soon put in practice against the King of Spain. The revolted Netherlands, by a solemn Act, deposed Philip II., and made themselves independent under the Prince of Orange, who had been, and continued to be, styled his Lieutenant. Their example was important, not only because subjects of one religion deposed a monarch of another, for that had been seen in Scotland, but because, moreover, it put a republic in the place of a monarchy, and forced the public law of Europe to recognise the accomplished revolution. At the same time, the French Catholics, rising against Henry III., who was the most contemptible of tyrants, and against his heir, Henry of Navarre, who, as a Protestant, repelled the majority of the nation, fought for the same principles with sword and pen.

Many shelves might be filled with the books which came out in their defence during half a century, and they include the most comprehensive treatises on laws ever written. Nearly all are vitiated by the defect which disfigured political literature in the Middle Ages. That literature, as I have tried to show, is extremely remarkable, and its services in aiding human progress are very great. But from the death of St. Bernard until the appearance of Sir Thomas More's Utopia, there was hardly a writer who did not make his politics subservient to the interest of either Pope or King. And those who came after the Reformation were always thinking of laws as they might affect Catholics or Protestants. Knox thundered against what he called the Monstrous Regiment of Women, because the Queen went to mass, and Mariana praised the assassin of Henry III. because the King was in league with Huguenots. For the belief that it is right to murder tyrants, first taught among Christians, I believe, by John of Salisbury, the most distinguished English writer of the twelfth century, and confirmed by Roger Bacon, the most celebrated Englishman of the thirteenth, had acquired about this time a fatal significance. Nobody sincerely thought of politics as a law for the just and the unjust, or tried to find out a set of principles that should hold good alike under all changes of religion. Hooker's Ecclesiastical Polity stands almost alone among the works I am speaking of, and is still read with admiration by every thoughtful man as the earliest and one of the finest prose classics in our language. But though few of the others have survived, they contributed to hand down masculine notions of limited authority and conditional obedience from the epoch of theory to generations of free men. Even the coarse violence of Buchanan and Boucher was a link in the chain of tradition that connects the Hildebrandine controversy with the Long Parliament, and St. Thomas with Edmund Burke.

That men should understand that governments do not exist by divine right, and that arbitrary government is the violation of divine right, was no doubt the medicine suited to the malady under which Europe languished. But although the knowledge of this truth might become an element of salutary destruction, it could give little aid to progress and reform. Resistance to tyranny implied no faculty of constructing a legal government in its place. Tyburn tree may be a useful thing, but it is better still that the offender should live for repentance and reformation. The principles which discriminate in politics between good and evil, and make States worthy to last, were not yet found.

The French philosopher Charron was one of the men least demoralised by party spirit, and least blinded by zeal for a cause. In a passage almost literally taken from St. Thomas, he describes our subordination under a law of nature, to which all legislation must conform; and he ascertains it not by the light of revealed religion, but by the voice of universal reason, through which God enlightens the consciences of men. Upon this foundation Grotius drew the lines of real political science. In gathering the materials of international law, he had to go beyond national treaties and denominational interests for a principle embracing all mankind. The principles of law must stand, he said, even if we suppose that there is no God. By these inaccurate terms he meant that they must be found independently of revelation. From that time it became possible to make politics a matter of principle and of conscience, so that men and nations differing in all other things could live in peace together, under the sanctions of a common law. Grotius himself used his discovery to little purpose, as he deprived it of immediate effect by admitting that the right to reign may be enjoyed as a freehold, subject to no conditions.

When Cumberland and Pufendorf unfolded the true significance of his doctrine, every settled authority, every triumphant interest recoiled aghast. None were willing to surrender advantages won by force or skill, because they might be in contradiction, not with the Ten Commandments, but with an unknown code, which Grotius himself had not attempted to draw up, and touching which no two philosophers agreed. It was manifest that all persons who had learned that political science is an affair of conscience rather than of might or expediency, must regard their adversaries as men without principle, that the controversy between them would perpetually involve morality, and could not be governed by the plea of good intentions, which softens down the asperities of religious strife. Nearly all the greatest men of the seventeenth century repudiated the innovation. In the eighteenth, the two ideas of Grotius, that there are certain political truths by which every State and every interest must stand or fall, and that society is knit together by a series of real and hypothetical contracts, became, in other hands, the lever that displaced the world. When, by what seemed the operation of an irresistible and constant law, royalty had prevailed over all enemies and all competitors, it became a religion. Its ancient rivals, the baron and the prelate, figured as supporters by its side. Year after year, the assemblies that represented the self-government of provinces and of privileged classes, all over the Continent, met for the last time and passed away, to the satisfaction of the people, who had learned to venerate the throne as the constructor of their unity, the promoter of prosperity and power, the defender of orthodoxy, and the employer of talent.

The Bourbons, who had snatched the crown from a rebellious democracy, the Stuarts, who had come in as usurpers, set up the doctrine that States are formed by the valour, the policy, and the appropriate marriages of the royal family; that the king is consequently anterior to the people, that he is its maker rather than its handiwork, and reigns independently of consent. Theology followed up divine right with passive obedience. In the golden age of religious science, Archbishop Ussher, the most learned of Anglican prelates, and Bossuet, the ablest of the French, declared that resistance to kings is a crime, and that they may lawfully employ compulsion against the faith of their subjects. The philosophers heartily supported the divines. Bacon fixed his hope of all human progress on the strong hand of kings. Descartes advised them to crush all those who might be able to resist their power. Hobbes taught that authority is always in the right. Pascal considered it absurd to reform laws, or to set up an ideal justice against actual force. Even Spinoza, who was a Republican and a Jew, assigned to the State the absolute control of religion.

Monarchy exerted a charm over the imagination, so unlike the unceremonious spirit of the Middle Ages, that, on learning the execution of Charles I., men died of the shock; and the same thing occurred at the death of Louis XVI. and of the Duke of Enghien. The classic land of absolute monarchy was France. Richelieu held that it would be impossible to keep the people down if they were suffered to be well off. The Chancellor affirmed that France could not be governed without the right of arbitrary arrest and exile; and that in case of danger to the State it may be well that a hundred innocent men should perish. The Minister of Finance called it sedition to demand that the Crown should keep faith. One who lived on intimate terms with Louis XIV. says that even the slightest disobedience to the royal will is a crime to be punished with death. Louis employed these precepts to their fullest extent. He candidly avows that kings are no more bound by the terms of a treaty than by the words of a compliment; and that there is nothing in the possession of their subjects which they may not lawfully take from them. In obedience to this principle, when Marshal Vauban, appalled by the misery of the people, proposed that all existing imposts should be repealed for a single tax that would be less onerous, the King took his advice, but retained all the old taxes whilst he imposed the new. With half the present population, he maintained an army of 450,000 men; nearly twice as large as that which the late Emperor Napoleon assembled to attack Germany. Meanwhile the people starved on grass. France, said Fénelon, is one enormous hospital. French historians believe that in a single generation six millions of people died of want. It would be easy to find tyrants more violent, more malignant, more odious than Louis XIV., but there was not one who ever used his power to inflict greater suffering or greater wrong; and the admiration with which he inspired the most illustrious men of his time denotes the lowest depth to which the turpitude of absolutism has ever degraded the conscience of Europe.

The Republics of that day were, for the most part, so governed as to reconcile men with the less opprobrious vices of monarchy. Poland was a State made up of centrifugal forces. What the nobles called liberty was the right of each of them to veto the acts of the Diet, and to persecute the peasants on his estates--rights which they refused to surrender up to the time of the partition, and thus verified the warning of a preacher spoken long ago: "You will perish, not by invasion or war, but by your infernal liberties." Venice suffered from the opposite evil of excessive concentration. It was the most sagacious of Governments, and would rarely have made mistakes if it had not imputed to others motives as wise as its own, and had taken account of passions and follies of which it had little cognisance. But the supreme power of the nobility had passed to a committee, from the committee to a Council of Ten, from the Ten to three Inquisitors of State; and in this intensely centralised form it became, about the year 1600, a frightful despotism. I have shown you how Machiavelli supplied the immoral theory needful for the consummation of royal absolutism; the absolute oligarchy of Venice required the same assurance against the revolt of conscience. It was provided by a writer as able as Machiavelli, who analysed the wants and resources of aristocracy, and made known that its best security is poison. As late as a century ago, Venetian senators of honourable and even religious lives employed assassins for the public good with no more compunction than Philip II. or Charles IX.

The Swiss Cantons, especially Geneva, profoundly influenced opinion in the days preceding the French Revolution, but they had had no part in the earlier movement to inaugurate the reign of law. That honour belongs to the Netherlands alone among the Commonwealths. They earned it, not by their form of government, which was defective and precarious, for the Orange party perpetually plotted against it, and slew the two most eminent of the Republican statesmen, and William III. himself intrigued for English aid to set the crown upon his head; but by the freedom of the press, which made Holland the vantage-ground from which, in the darkest hour of oppression, the victims of the oppressors obtained the ear of Europe.

The ordinance of Louis XIV., that every French Protestant should immediately renounce his religion, went out in the year in which James II. became king. The Protestant refugees did what their ancestors had done a century before. They asserted the deposing power of subjects over rulers who had broken the original contract between them, and all the Powers, excepting France, countenanced their argument, and sent forth William of Orange on that expedition which was the faint dawn of a brighter day.

It is to this unexampled combination of things on the Continent, more than to her own energy, that England owes her deliverance. The efforts made by the Scots, by the Irish, and at last by the Long Parliament to get rid of the misrule of the Stuarts had been foiled, not by the resistance of Monarchy, but by the helplessness of the Republic. State and Church were swept away; new institutions were raised up under the ablest ruler that had ever sprung from a revolution; and England, seething with the toil of political thought, had produced at least two writers who in many directions saw as far and as clearly as we do now. But Cromwell's Constitution was rolled up like a scroll; Harrington and Lilburne were laughed at for a time and forgotten, the country confessed the failure of its striving, disavowed its aims, and flung itself with enthusiasm, and without any effective stipulations, at the feet of a worthless king.

If the people of England had accomplished no more than this to relieve mankind from the pervading pressure of unlimited monarchy, they would have done more harm than good. By the fanatical treachery with which, violating the Parliament and the law, they contrived the death of King Charles, by the ribaldry of the Latin pamphlet with which Milton justified the act before the world, by persuading the world that the Republicans were hostile alike to liberty and to authority, and did not believe in themselves, they gave strength and reason to the current of Royalism, which, at the Restoration, overwhelmed their work. If there had been nothing to make up for this defect of certainty and of constancy in politics England would have gone the way of other nations.

At that time there was some truth in the old joke which describes the English dislike of speculation by saying that all our philosophy consists of a short catechism in two questions: "What is mind? No matter. What is matter? Never mind." The only accepted appeal was to tradition. Patriots were in the habit of saying that they took their stand upon the ancient ways, and would not have the laws of England changed. To enforce their argument they invented a story that the constitution had come from Troy, and that the Romans had allowed it to subsist untouched. Such fables did not avail against Strafford; and the oracle of precedent sometimes gave responses adverse to the popular cause. In the sovereign question of religion, this was decisive, for the practice of the sixteenth century, as well as of the fifteenth, testified in favour of intolerance. By royal command, the nation had passed four times in one generation from one faith to another, with a facility that made a fatal impression on Laud. In a country that had proscribed every religion in turn, and had submitted to such a variety of penal measures against Lollard and Arian, against Augsburg and Rome, it seemed there could be no danger in cropping the ears of a Puritan.

But an age of stronger conviction had arrived; and men resolved to abandon the ancient ways that led to the scaffold and the rack, and to make the wisdom of their ancestors and the statutes of the land bow before an unwritten law. Religious liberty had been the dream of great Christian writers in the age of Constantine and Valentinian, a dream never wholly realised in the Empire, and rudely dispelled when the barbarians found that it exceeded the resources of their art to govern civilised populations of another religion, and unity of worship was imposed by laws of blood and by theories more cruel than the laws. But from St. Athanasius and St. Ambrose down to Erasmus and More, each age heard the protest of earnest men in behalf of the liberty of conscience, and the peaceful days before the Reformation were full of promise that it would prevail.

In the commotion that followed, men were glad to get tolerated themselves by way of privilege and compromise, and willingly renounced the wider application of the principle. Socinus was the first who, on the ground that Church and State ought to be separated, required universal toleration. But Socinus disarmed his own theory, for he was a strict advocate of passive obedience.

The idea that religious liberty is the generating principle of civil, and that civil liberty is the necessary condition of religious, was a discovery reserved for the seventeenth century. Many years before the names of Milton and Taylor, of Baxter and Locke were made illustrious by their partial condemnation of intolerance, there were men among the Independent congregations who grasped with vigour and sincerity the principle that it is only by abridging the authority of States that the liberty of Churches can be assured. That great political idea, sanctifying freedom and consecrating it to God, teaching men to treasure the liberties of others as their own, and to defend them for the love of justice and charity more than as a claim of right, has been the soul of what is great and good in the progress of the last two hundred years. The cause of religion, even under the unregenerate influence of worldly passion, had as much to do as any clear notions of policy in making this country the foremost of the free. It had been the deepest current in the movement of 1641, and it remained the strongest motive that survived the reaction of 1660.

The greatest writers of the Whig party, Burke and Macaulay, constantly represented the statesmen of the Revolution as the legitimate ancestors of modern liberty. It is humiliating to trace a political lineage to Algernon Sidney, who was the paid agent of the French king; to Lord Russell, who opposed religious toleration at least as much as absolute monarchy; to Shaftesbury, who dipped his hands in the innocent blood shed by the perjury of Titus Oates; to Halifax, who insisted that the plot must be supported even if untrue; to Marlborough, who sent his comrades to perish on an expedition which he had betrayed to the French; to Locke, whose notion of liberty involves nothing more spiritual than the security of property, and is consistent with slavery and persecution; or even to Addison, who conceived that the right of voting taxes belonged to no country but his own. Defoe affirms that from the time of Charles II. to that of George I. he never knew a politician who truly held the faith of either party; and the perversity of the statesmen who led the assault against the later Stuarts threw back the cause of progress for a century.

When the purport of the secret treaty became suspected by which Louis XIV. pledged himself to support Charles II. with an army for the destruction of Parliament, if Charles would overthrow the Anglican Church, it was found necessary to make concession to the popular alarm. It was proposed that whenever James should succeed, great part of the royal prerogative and patronage should be transferred to Parliament. At the same time, the disabilities of Nonconformists and Catholics would have been removed. If the Limitation Bill, which Halifax supported with signal ability, had passed, the monarchical constitution would have advanced, in the seventeenth century, farther than it was destined to do until the second quarter of the nineteenth. But the enemies of James, guided by the Prince of Orange, preferred a Protestant king who should be nearly absolute, to a constitutional king who should be a Catholic. The scheme failed. James succeeded to a power which, in more cautious hands, would have been practically uncontrolled, and the storm that cast him down gathered beyond the sea.

By arresting the preponderance of France, the Revolution of 1688 struck the first real blow at Continental despotism. At home it relieved Dissent, purified justice, developed the national energies and resources, and ultimately, by the Act of Settlement, placed the crown in the gift of the people. But it neither introduced nor determined any important principle, and, that both parties might be able to work together, it left untouched the fundamental question between Whig and Tory. For the divine right of kings it established, in the words of Defoe, the divine right of freeholders; and their domination extended for seventy years, under the authority of John Locke, the philosopher of government by the gentry. Even Hume did not enlarge the bounds of his ideas; and his narrow materialistic belief in the connection between liberty and property captivated even the bolder mind of Fox.

By his idea that the powers of government ought to be divided according to their nature, and not according to the division of classes, which Montesquieu took up and developed with consummate talent, Locke is the originator of the long reign of English institutions in foreign lands. And his doctrine of resistance, or, as he finally termed it, the appeal to Heaven, ruled the judgment of Chatham at a moment of solemn transition in the history of the world. Our Parliamentary system, managed by the great revolution families, was a contrivance by which electors were compelled, and legislators were induced to vote against their convictions; and the intimidation of the constituencies was rewarded by the corruption of their representatives. About the year 1770 things had been brought back, by indirect ways, nearly to the condition which the Revolution had been designed to remedy for ever. Europe seemed incapable of becoming the home of free States. It was from America that the plain ideas that men ought to mind their own business, and that the nation is responsible to Heaven for the acts of the State,--ideas long locked in the breast of solitary thinkers, and hidden among Latin folios,--burst forth like a conqueror upon the world they were destined to transform, under the title of the Rights of Man. Whether the British legislature had a constitutional right to tax a subject colony was hard to say, by the letter of the law. The general presumption was immense on the side of authority; and the world believed that the will of the constituted ruler ought to be supreme, and not the will of the subject people. Very few bold writers went so far as to say that lawful power may be resisted in cases of extreme necessity. But the colonisers of America, who had gone forth not in search of gain, but to escape from laws under which other Englishmen were content to live, were so sensitive even to appearances that the Blue Laws of Connecticut forbade men to walk to church within ten feet of their wives. And the proposed tax, of only £12,000 a year, might have been easily borne. But the reasons why Edward I. and his Council were not allowed to tax England were reasons why George III. and his Parliament should not tax America. The dispute involved a principle, namely, the right of controlling government. Furthermore, it involved the conclusion that the Parliament brought together by a derisive election had no just right over the unrepresented nation, and it called on the people of England to take back its power. Our best statesmen saw that whatever might be the law, the rights of the nation were at stake. Chatham, in speeches better remembered than any that have been delivered in Parliament, exhorted America to be firm. Lord Camden, the late Chancellor, said: "Taxation and representation are inseparably united. God hath joined them. No British Parliament can separate them."

From the elements of that crisis Burke built up the noblest political philosophy in the world. "I do not know the method," said he, "of drawing up an indictment against a whole people. The natural rights of mankind are indeed sacred things, and if any public measure is proved mischievously to affect them, the objection ought to be fatal to that measure, even if no charter at all could be set up against it. Only a sovereign reason, paramount to all forms of legislation and administration, should dictate." In this way, just a hundred years ago, the opportune reticence, the politic hesitancy of European statesmanship, was at last broken down; and the principle gained ground, that a nation can never abandon its fate to an authority it cannot control. The Americans placed it at the foundation of their new government. They did more; for having subjected all civil authorities to the popular will, they surrounded the popular will with restrictions that the British legislature would not endure.

During the revolution in France the example of England, which had been held up so long, could not for a moment compete with the influence of a country whose institutions were so wisely framed to protect freedom even against the perils of democracy. When Louis Philippe became king, he assured the old Republican, Lafayette, that what he had seen in the United States had convinced him that no government can be so good as a Republic. There was a time in the Presidency of Monroe, about fifty-five years ago, which men still speak of as "the era of good feeling," when most of the incongruities that had come down from the Stuarts had been reformed, and the motives of later divisions were yet inactive. The causes of old-world trouble,--popular ignorance, pauperism, the glaring contrast between rich and poor, religious strife, public debts, standing armies and war,--were almost unknown. No other age or country had solved so successfully the problems that attend the growth of free societies, and time was to bring no further progress.

But I have reached the end of my time, and have hardly come to the beginning of my task. In the ages of which I have spoken, the history of freedom was the history of the thing that was not. But since the Declaration of Independence, or, to speak more justly, since the Spaniards, deprived of their king, made a new government for themselves, the only known forms of liberty, Republics and Constitutional Monarchy, have made their way over the world. It would have been interesting to trace the reaction of America on the Monarchies that achieved its independence; to see how the sudden rise of political economy suggested the idea of applying the methods of science to the art of government; how Louis XVI., after confessing that despotism was useless, even to make men happy by compulsion, appealed to the nation to do what was beyond his skill, and thereby resigned his sceptre to the middle class, and the intelligent men of France, shuddering at the awful recollections of their own experience, struggled to shut out the past, that they might deliver their children from the prince of the world and rescue the living from the clutch of the dead, until the finest opportunity ever given to the world was thrown away, because the passion for equality made vain the hope of freedom.

And I should have wished to show you that the same deliberate rejection of the moral code which smoothed the paths of absolute monarchy and of oligarchy, signalised the advent of the democratic claim to unlimited power,--that one of its leading champions avowed the design of corrupting the moral sense of men, in order to destroy the influence of religion, and a famous apostle of enlightenment and toleration wished that the last king might be strangled with the entrails of the last priest. I would have tried to explain the connection between the doctrine of Adam Smith, that labour is the original source of all wealth, and the conclusion that the producers of wealth virtually compose the nation, by which Sieyès subverted historic France; and to show that Rousseau's definition of the social compact as a voluntary association of equal partners conducted Marat, by short and unavoidable stages, to declare that the poorer classes were absolved, by the law of self-preservation, from the conditions of a contract which awarded to them misery and death; that they were at war with society, and had a right to all they could get by exterminating the rich, and that their inflexible theory of equality, the chief legacy of the Revolution, together with the avowed inadequacy of economic science to grapple with problems of the poor, revived the idea of renovating society on the principle of self-sacrifice, which had been the generous aspiration of the Essenes and the early Christians, of Fathers and Canonists and Friars, of Erasmus, the most celebrated precursor of the Reformation, of Sir Thomas More, its most illustrious victim, and of Fénelon, the most popular of bishops, but which, during the forty years of its revival, has been associated with envy and hatred and bloodshed, and is now the most dangerous enemy lurking in our path.

Last, and most of all, having told so much of the unwisdom of our ancestors, having exposed the sterility of the convulsion that burned what they adored, and made the sins of the Republic mount up as high as those of the monarchy, having shown that Legitimacy, which repudiated the Revolution, and Imperialism, which crowned it, were but disguises of the same element of violence and wrong, I should have wished, in order that my address might not break off without a meaning or a moral, to relate by whom, and in what connection, the true law of the formation of free States was recognised, and how that discovery, closely akin to those which, under the names of development, evolution, and continuity, have given a new and deeper method to other sciences, solved the ancient problem between stability and change, and determined the authority of tradition on the progress of thought; how that theory, which Sir James Mackintosh expressed by saying that Constitutions are not made, but grow; the theory that custom and the national qualities of the governed, and not the will of the government, are the makers of the law; and therefore that the nation, which is the source of its own organic institutions, should be charged with the perpetual custody of their integrity, and with the duty of bringing the form into harmony with the spirit, was made, by the singular co-operation of the purest Conservative intellect with red-handed revolution, of Niebuhr with Mazzini, to yield the idea of nationality, which, far more than the idea of liberty, has governed the movement of the present age.

I do not like to conclude without inviting attention to the impressive fact that so much of the hard fighting, the thinking, the enduring that has contributed to the deliverance of man from the power of man, has been the work of our countrymen, and of their descendants in other lands. We have had to contend, as much as any people, against monarchs of strong will and of resources secured by their foreign possession, against men of rare capacity, against whole dynasties of born tyrants. And yet that proud prerogative stands out on the background of our history. Within a generation of the Conquest, the Normans were compelled to recognise, in some grudging measure, the claims of the English people. When the struggle between Church and State extended to England, our Churchmen learned to associate themselves with the popular cause; and, with few exceptions, neither the hierarchical spirit of the foreign divines, nor the monarchical bias peculiar to the French, characterised the writers of the English school. The Civil Law, transmitted from the degenerate Empire to be the common prop of absolute power, was excluded from England. The Canon Law was restrained, and this country never admitted the Inquisition, nor fully accepted the use of torture which invested Continental royalty with so many terrors. At the end of the Middle Ages foreign writers acknowledged our superiority, and pointed to these causes. After that, our gentry maintained the means of local self-government such as no other country possessed. Divisions in religion forced toleration. The confusion of the common law taught the people that their best safeguard was the independence and the integrity of the judges.

All these explanations lie on the surface, and are as visible as the protecting ocean; but they can only be successive effects of a constant cause which must lie in the same native qualities of perseverance, moderation, individuality, and the manly sense of duty, which give to the English race its supremacy in the stern art of labour, which has enabled it to thrive as no other can on inhospitable shores, and which (although no great people has less of the bloodthirsty craving for glory and an army of 50,000 English soldiers has never been seen in battle) caused Napoleon to exclaim, as he rode away from Waterloo, "It has always been the same since Crecy."

Therefore, if there is reason for pride in the past, there is more for hope in the time to come. Our advantages increase, while other nations fear their neighbours or covet their neighbours' goods. Anomalies and defects there are, fewer and less intolerable, if not less flagrant than of old.

But I have fixed my eyes on the spaces that Heaven's light illuminates, that I may not lay too heavy a strain on the indulgence with which you have accompanied me over the dreary and heart-breaking course by which men have passed to freedom; and because the light that has guided us is still unquenched, and the causes that have carried us so far in the van of free nations have not spent their power; because the story of the future is written in the past, and that which hath been is the same thing that shall be.

FOOTNOTES:

[Footnote 3: An address delivered to the members of the Bridgnorth Institution at the Agricultural Hall, 28th May 1877.]

[Footnote 4: [Poynet, in his Treatise on Political Power.]]

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