The History of Freedom Part 3

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.

n.o.body warned him that by promoting the Christian religion he was tying one of his hands, and surrendering the prerogative of the Caesars. 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 acc.u.mulated 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 inst.i.tutions 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 const.i.tuent authority over all const.i.tuted 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 inst.i.tutions 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 Salvia.n.u.s, a priest at Ma.r.s.eilles, 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 ma.s.ses, 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 n.o.bles and the prelates surrounded the throne with the semblance of free inst.i.tutions, pa.s.sed away; and the people that prospered and overshadowed the rest were the Franks, who had no native n.o.bility, whose law of succession to the Crown became for one thousand years the fixed object of an unchanging superst.i.tion, 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 va.s.sal and his lord.

In the days of the Conquest, when the Normans destroyed the liberties of England, the rude inst.i.tutions 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 cla.s.s 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 b.u.t.tress 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 t.i.tle 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 pa.s.s 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 Const.i.tution ought to combine a limited and elective monarchy, with an aristocracy of merit, and such an admixture of democracy as shall admit all cla.s.ses 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 a.s.sent. 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 inst.i.tuted 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 a.s.signs him his duties, has to see that he obeys the Const.i.tution, 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 surpa.s.sed 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 cla.s.s that owned the land, the landowner lost much of his importance, and it began to pa.s.s 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 cla.s.s 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 const.i.tutions 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 munic.i.p.al 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 pa.s.s 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 cla.s.s had disclosed the need, the pa.s.sions, the aspirations of the suffering poor below; ferocious insurrections in France and England caused a reaction that r.e.t.a.r.ded 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 cla.s.ses, and stirred the minds of men.

Looking back over the s.p.a.ce 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 inst.i.tutions, 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 cla.s.s 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 cla.s.ses, by privileged a.s.sociations, 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 pa.s.sed 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 p.r.o.nounces 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 inst.i.tutions 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 a.s.sociated now with the interest of royalty. Attempts had been made to reform the Church on the Const.i.tutional 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 pa.s.sionate 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 pa.s.sive obedience of the apostolic age was characteristic of that mediaeval 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 mediaeval 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 a.s.sembly 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 mediaeval 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 inst.i.tutions, 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 _Inst.i.tutes_.

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 pa.s.sions 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 pa.s.sion was often the instrument, but policy was the motive.

Fanaticism displays itself in the ma.s.ses, but the ma.s.ses were rarely fanaticised, and the crimes ascribed to it were commonly due to the calculations of dispa.s.sionate 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 a.s.siduous promoters of the Protestant religion in Germany. Sir Nicholas Bacon was one of the ministers who suppressed the ma.s.s 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 emanc.i.p.ating 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 ma.s.sacre 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 mediaeval 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 ma.s.s, and Mariana praised the a.s.sa.s.sin 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. n.o.body 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 cla.s.sics 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 coa.r.s.e 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 pa.s.sage 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 G.o.d 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 G.o.d. 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 c.u.mberland 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 compet.i.tors, it became a religion. Its ancient rivals, the baron and the prelate, figured as supporters by its side. Year after year, the a.s.semblies that represented the self-government of provinces and of privileged cla.s.ses, all over the Continent, met for the last time and pa.s.sed 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 s.n.a.t.c.hed 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 pa.s.sive 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, a.s.signed 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 cla.s.sic 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 a.s.sembled to attack Germany. Meanwhile the people starved on gra.s.s. France, said Fenelon, 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 ill.u.s.trious 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 n.o.bles 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 part.i.tion, 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 pa.s.sions and follies of which it had little cognisance. But the supreme power of the n.o.bility had pa.s.sed 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 a.s.surance against the revolt of conscience. It was provided by a writer as able as Machiavelli, who a.n.a.lysed 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 a.s.sa.s.sins 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 a.s.serted 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 inst.i.tutions 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.