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THE GIFT OF 



LAW SCHOOL 



K>3a: HARVARD COLLEGE LIBRARY 



/■. 






U- • l;C. i>o . 



HOME UNIVERSITY LIBRARY 
OF MODERN KNOWLEDGE 

No. 103 

Editors : 

HERBERT FISHER. M.A., F.B^ 
Prof. GILBERT MURRAY. Lnx.D. 

LL.D., F.B.A. 
Prof. J. ARTHUR THOMSON, M.A. 
Prof. WILUAM T. BREWSTER, M.A. 



POLITICAL THOUGHT 
IN ENGLAND 

FROM 
LOCKE TO BENTHAM 



HAROLD J. LASKI 

:ew college, oxford, ot th 

mSTOBY IN HARVARD UNtVERSTTY, 
STUBIES IN THE P 



THE hoderH state 



NEW YORK 
HENRY HOLT AND COMPANY 



WILLIAMS AND NORGATE 



Or 



7 



r' 



QosmxsBtt xpao 

BY 

HENRY HOLT AND COMPANY 



HARVARD^ 
UNIVERSITY 

LIBRARY 

OCT U ly/-- 



NOTE 

' It is impossible for me to publish this 
book without some expression of the debt it 
owes to Leslie Stephen's History of the Eng- 
lish Thought in the Eighteenth Century. It is 
almost insolent to praise such work; but I 
may be permitted to say that no one can 
fully appreciate either its wisdom or its 
knowledge who has not had to dig among 
the original texts. 

Were so small a volume worthy to bear a 
dedication, I should associate it with the 
name of my friend Walter Lippmann. He 
and I have so often discussed the substance 
of its problems that I am certain a good 
deal of what I feel to be my own is, where 
it has merit, really his. This volume is 
thus in great part a tribute to him; though 
there is little that can repay such friendship 
as he gives. 

rl. J. Li, 

HaBVARD UNiyEBSITT 

Sept. 15, 1919 



CONTENTS 

CHAPTER PAGB 

I. Intkoduction 7 

n. The Principm3S or the Revolution 24 

in. Chukch and State 77 

IV. The Era of Stagnation . . . 127 

V. Signs of Change 159 

VI. Burke 213 

VIL The Foundations of Economic 

Liberalism 281 

Bibliography 317 

Index 321 



CHAPTER I 

INTRODUCTION 

The eighteenth century may be said to 
begin with the Revolution of 1688; for, 
with its completion, the dogma of Divine 
Right disappeared for ever from English 
politics. Its place was but partially filled 
until Hume and Burke supplied the out- 
lines of a new philosophy. For the ob- 
server of this age can hardly fail, as he 
notes its relative barrenness of abstract 
ideas, to be impressed by the large part 
Divine Right must have played in the pol- 
itics of the succeeding century. Its very 
absoluteness made for keen partisanship 
on the one side and the other. It could 
produce at once the longwinded rhap- 
sodies of Filmer and, by repulsion, the 
wearisome reiterations of Algernon Sid- 
ney. Once the foundations of Divine 
Right had been destroyed by Locke, the 
basis of passionate controversy was ab- 




8 ENGLISH POLITICAL THOUGHT 

sent. The theory of a social contract never 
produced in England the enthusiasm it 
evoked in France, for the simple reason 
that the main objective of Rousseau and 
his disciples had already been secured 
there by other weapons. And this has 
perhaps given to the eighteenth century 
an urbaneness from which its predecessor 
was largely free. Sermons are perhaps 
the best test of such a change ; and it is a 
relief to move from the addresses bristling 
with Suarez and Bellarmine to the noble 
exhortations of Bishop Butler. Not until 
the French Revolution were ultimate dog- 
mas again called into question; and it is 
about them only that political speculation 
provokes deep feeling. The urbanity, in- 
deed, is not entirely new. The Restora- 
tion had heralded its coming, and the tone 
of Halifax has more in common with 
Bolingbroke and Himie than with Hobbes 
and Filmer. Nor has the eighteenth cen- 
tury an historical profundity to compare 
with that of the zealous pamphleteers in 
the seventeenth. Heroic archivists like 
Prynne find very different substitutes in 
brilliant journalists like Defoe, and if 
Dalrymple and Blackstone are respect- 



INTRODUCTION d 

able, they bear no comparison with mas- 
ters like Selden and Sir Henry Spelman, 
Yet urbanity must not deceive us. The 
eighteenth century has an importance in 
English politics which the comparative ab- 
sence of systematic speculation can not 
conceal. If its large constitutional out- 
lines had been traced by a preceding age, 
its administrative detail had still to be se- j 
cured. The process was very gradual; 
and the attempt of George III to arrest it 
produced the splendid effort of Edmund 
Burke. Locke's work may have been not 
seldom confused and stimibling; but it 
gave to the principle of consent a perma- *-- 
nent place in English politics. It is the 
age which saw the crystallization of the k 
party-system, and therein it may perhaps "^ 
lay claim to have recognized what Bage- 
hot called the vital principle of represen- 
tative government. Few discussions of 
the sphere of government have been so 
productive as that in which Adam Smith 
gave a new basis to economic science. Few 
controversies have,- despite its dullness, so 
carefully investigated the eternal problem 
of Church and State as that to which 
Hoadly's bishopric contributed its name. 



10 ENGLISH POLITICAL THOUGHT 

De Lolme is the real parent of that inter- 
pretative analysis which has, in Bagehot's 
hands, become not the least fruitful type 
of political method. Blackstone, in a real 
sense, may be called the ancestor of Pro- 
fessor Dicey. The very calmness of the 
atmosphere only the more surely paved 
the way for the surprising novelties of 
Godwin and the revolutionists. 

Nor must we neglect the relation be- 
tween its ethics and its politics. The 
eighteenth century school of British mor- 
alists has suffered somewhat beside the 
greater glories of Berkeley and Hume. 
Yet it was a great work to which they 
bent their effort, and they knew its great- 
ness. The deistic controversy involved a 
fresh investigation of the basis of morals ; 
and it is to the credit of the investigators 
that they attempted to provide it in social 
terms. It is, indeed, one of the primary 
characteristics of the British mind to be in- 
. terested in problems of conduct rather 
V than of thought. The seventeenth cen- 
tury had, for the most part, been inter- 
ested in theology and government ; and its 
preoccupation, in both domains, with 
supernatural sanctions, made its conclu- 



INTRODUCTION 11 

sions unfitted for a period dominated by 
rationalism. Locke regarded his Human 
Understanding as the preliminary to an 
ethical enquiry ; and Hume seems to have 
considered his Principles of Morals the 
most vital of his works. It may be true, 
as the mordant insight of Mark Pattison 
suggested, that "those periods in which 
morals have been represented as the 
proper study of man, and his only busi- 
ness, have been periods of spiritual abase- 
ment and poverty." Certainly no one will 
be inclined to claim for the eighteenth cen- 
tury the spiritual idealism of the seven- 
teenth, though Law and Bishop Wilson 
and the Wesleyan revival will make us 
generalize with caution. But the truth 
was that theological ethics had become 
empty and inadequate, and the problem 
was therefore urgent. That is why 
Shaftesbury, Hutcheson, Himie and 
Adam Smith — to take only men of the 
first eminence — were thinking not less 
for politics than for ethics when they 
sought to justify the ways of man to man. 
For all of them saw that a theory of so- 
ciety is impossible without the provision 
of psychological foundations; and those 



12 ENGLISH POLITICAL THOUGHT 

^ must, above all, result in a theory of con- 
duct if the social bond is to be maintained. 
That sure insight is, of course, one current 
only in a greater English stream which 
reaches back to Hobbes at its source and 
forward to T. H. Green at perhaps its 
fullest. Its value is its denial of politics 
as a science distinct from other human 
relations; and that is why Adam Smith 
can write of moral sentiments no less than 
of the wealth of nations. The eighteenth 
century saw clearly that each aspect of 
social life must find its place in the po- 
litical equation. 
X r-" Yet it is undoubtedly an age of methods 
^ \ rather than of principles ; and, as such its 
1 peaceful prosperity was well suited to its 
^ questions. Problems of technique, such 
as the cabinet and the Bank of England 
required the absence of passionate debate 
if they were in any fruitful fashion to be 
solved. Nor must the achievement of the 
age in politics be minimized. It was, of 
course, a complacent time; but we ought 
to note that foreigners of distinction did 
not wonder at its complacency. Voltaire 
and Montesquieu look back to England in 
the eighteenth century for the substance 



INTUODUCTION 13 

of political truths. The American colonies 
took alike their methods and their argu- 
ments from English ancestors ; and Burke 
provided them with the main elements of 
justification. The very quietness, indeed, 
of the time was the natural outcome of a 
century of storm ; and England surely had 
some right to be contented when her po- 
litical system was compared with the gov- 
ernments of France and Germany. Not, 
indeed, that the full fruit of the Revolu- 
tion was gathered. The principle of con- 
sent came, in practice and till 1760, to 
mean the government of the Whig Oli- 
garchy; and the Extraordinary Black 
Book remains to tell us what happened 
when George III gave the Tory party a 
new lease of power. There is throughout 
the time an over-emphasis upon the value 
of order, and a not imnatural tendency to 
confoimd the private good of the govern- 
ing class with the general welfare of the 
state. It became the fixed policy of Wal- 
pole to make prosperity the mask for po- 
litical stagnation. He turned political de- 
bate from principles to personalities, and 
a sterile generation was the outcome of 
his cunning. 



1 ■ 



j> ' 



14 ENGLISH POLITICAL THOUGHT 

Not that this barrenness is without its 
compensations. The theories of the Revo- 
lution had exhausted their fruitfulness 
within a generation. The constitutional 
ideas of the seventeenth century had no 
substance for an England where Angli- 
j canism and agriculture were beginning to 
I lose the rigid outlines of overwhelming 
predominance. What was needed was the 
assurance of safety for the Church that 
her virtue might be tested in the light of 
nonconformist practice on the one hand, 
s^ and the new rationalism on the other. 
What was needed also was the expansion 
of English commerce into the new 
channels opened for it by the victories of 
Chatham. Mr. Chief Justice Holt had 
given it the legal categories it would re- 
quire ; and Hume and Adam Smith were 
to explain that commerce might grow with 
small danger to agricultural prosperity. 
Beneath the apparent calm of Walpole's 
rule new forces were fast stirring. That 
can be seen on every side. The sturdy 
morality of Johnson, the new literary 
forms of Richardson and Fielding, the 
theatre which Garrick foimded upon the 
ruins produced by Collier's indignation. 



INTRODUCTION 16 

the revival of which Law and Wesley are 
the great symbols, show that the stagna- 
tion was sleep rather than death. The 
needed events of shock were close at hand. 
The people of England would never have 
discovered the real meaning of 1688 if 
George III had ncft denied its principles. 
When he enforced the resignation of the 
elder Pitt the theories at once of Edmund 
Burke and English radicalism were born; 
for the Present Discontents and the So- 
ciety for the Support of the Bill of Rights 
are the dawn of a splendid recovery. And 
they made possible the speculative fer- 
ment which showed that England was at 
last awake to the meaning of Montesquieu 
and Rousseau. Just as the shock of the 
Lancastrian wars produced the Tudor 
despotism, so did the turmoil of civil strife 
produce the complacency of the eighteenth 
century. But the peace of the Tudors was 
the death-bed of the Stuarts; and it was 
the stagnant optimism of the early 
eighteenth century which made possible 
the birth of democratic England. 

The atmosphere of the time, in fact, is 
deep-rooted in the conditions of the past. 
Locke could not have written had not 



1 



V 



r 



16 ENGLISH POLITICAL THOUGHT 

Hobbes and Filmer defended in set terms 
the ideal of despotic government. He an- 
nomiced the advent of the modern system 
of parliamentary government; and from 
his time the debate has been rather of the 
conditions imder which it is to work, than 
of the fomidations upon which it is based. 
Burke, for example, wrote what consti- 
tutes the supreme analysis of the states- 
man's art. Adam Smith discussed in what 
fashion the prosperity of peoples could be 
best advanced. From Locke, that is to 
say, the subject of discussion is rather 
politik than staatslehre. The great de- 
bate inaugurated by the Reformation 
ceased when Locke had outlined an in- 
telligible basis for parliamentary govern- 
ment. Hume, Bolingbroke, Burke, are 
all of them concerned with the detail of 
political arrangement in a fashion which 
presupposes the acceptance of a basis pre- 
viously known. Burke, indeed, toward 
the latter part of his life, awoke to the 
reahzation that men were dissatisfied with 
the traditional substance of the State. But 
he met the new desires with hate instead of 
understanding, and the Napoleonic wars 
drove the current of democratic opinion 



INTRODUCTION 17 

underground. Hall and Owen and 
Hodgskin inherited the thoughts of Ogil- 
vie and Spence and Paine ; and if they did 
not give them substance, at least they gave 
them form for a later time. 

Nor is the reason for this preoccupation 
far to seek. The advance of English poli- 
tics in the preceding two centuries was 
mainly an advance of structure ; yet rela- 
tive at least to continental fact, it ap- 
peared hberal enough to hide the 
disharmonies of its inner content. The 
King was still a mighty influence. The 
power of the aristocracy was hardly 
broken imtil the Reform Bill of 1867. 
The Church continued to dominate the 
political aspect of English religious life 
until, after 1832, new elements alien from 
her ideals were introduced into the House 
of Commons. The conditions of change 
lay implicit in the Industrial Revolution, 
when a new class of men attained control 
of the nation's economic power. Only 
then was a realignment of political forces 
essential. Only then, that is to say, had 
the time arrived for a new theory of the 
State. 

The political ideas of the eigtheentlv 



18 ENGLISH POLITICAL THOUGHT 

1 

century are thus in some sort a comment 
upon the system established by the Revo- 
lution ; and that is, in its turn, the product 
of the struggle between Parliament and 
Crown in the preceding age. But we can- 
not understand the eighteenth century, or 
its theories, unless we realize that its 
temper was still dominantly aristocratic. 
From no accusation were its statesmen 
more anxious to be free than from that of 
a belief in democratic government. 
Whether Whigs or Tories were in power, 
it was always the great families who ruled. 
For them the Church, at least in its higher 
branches, existed; and the difference be- 
tween nobleman and commoner at Oxford 
is as striking as it is hideous to this gener- 
ation. For them also literature and the 
theatre made their display; and if Dr. 
Johnson could heap an immortal con- 
tumely upon the name of patron, we all 
know of the reverence he felt in the pres- 
ence of the king. Divine Right and non- 
resistance were dead, but they had not 
died without a struggle. Freedom of the 
press and legal equality may have been ob- 
tained ; but it was not until the passage of 
Fox's Libel Act that the first became se- 



INTRODUCTION 19 

cure, and Mr. and Mrs. Hammond have 
recently illumined for us the inward mean- 
ing of the second. The populace might, 
on occasion, be strong enough to force the 
elder Pitt upon an unwilling king, or to 
shout for Wilkes and liberty against the 
unconstitutional usurpation of the mon- 
arch-ridden House of Commons. Such 
outbursts are yet the exception to the pre- 
vailing temper. The deliberations of 
Parliament were still, at least technically, 
a secret ; and membership therein, save for 
one or two anomalies like Westminster 
and Bristol, was still the private posses- 
sion of a privileged class. The Revolu- 
tion, in fact, meant less an abstract and 
general freedom, than a special release 
from the arbitrary will of a stupid mon- 1 
arch who aroused against himself every ^ 
deep-seated prejudice of his generation. 
The England which sent James II upon 
his travels may be, as Hume pointed out, 
reduced to a pathetic fragment even of its 
electorate. The masses were unknown 
and undiscovered, or, where they emerged, 
it was either to protest against some 
wise reform like Walpole's Excise 
Scheme, or to become, as in Goldsmith 



20 ENGLISH POLITICAL THOUGI?T 

and Cowper and Crabbe, the object of 
half-pitying poetic sentiment. How 
deep-rooted was the notion of aristocratic 
control was to be shown when France 
turned into substantial fact Rousseau's 
demand for freedom. The protest of 
Burke against its supposed anarchy swept 
England like a flame; and only a coura- 
geous handful could be found to protest 
against Pitt's prostitution of her freedom. 
Such an age could make but little pre- 
tence to discovery; and, indeed, it is most 
largely absent from its speculation. In 
its political ideas this is necessarily and 
especially the case. For the State is at no 
time an unchanging organization; it re- 
flects with singular exactness the domi- 
nating ideas of its environment. That 
division into government and subjects 
which is its main characteristic is here 
noteworthy for the narrowness of the class 
from which the government is derived, and 
the consistent inertia of those over whom 
it rules. There is curiously little contro- 
versy over the seat of sovereign power. 
That is with most men acknowledged to 
reside in the king in Parliament. What 
balance of forces is necessary to its most 



INTRODUCTION 21 

perfect equilibrium may arouse dissension 
when George III forgets the result of half 
a century's evolution. Junius may have 
to explain in invective what Burke magis- 
trally demonstrated in terms of political 
philosophy. But the deeper problems of 
the state lay hidden until Bentham and \^ 
the revolutionists came to insist upon their 
presence. That did not mean that the 
eighteenth century was a soulless failure. 
Rather did it mean that a period of tran- ^ 
sition had been successfully bridged. The 
stage was set for a new effort simply be- 
cause the theories of the older philosophy 
no longer represented the facts at issue.> 
It was thus Locke only in this period 
who confronted the general problems of 
the modern State. Other thinkers assumed 
his structure and dealt with the details he 
left undetermined. The main problems, 
the Church apart, arose when a foreigner 
occupied the English throne and left the 
methods of government to those who were \/ 
acquainted with them. That most happy 
of all the happy accidents in English his- 
tory maiie Walpole the fundamental 
statesman of the time. He used his op- 
portunity to the full. Inheriting the pos- 



\^ 



1 



22 ENGLISH POLITICAL THOUGHT 

sibilities of the cabinet system he gave it 
its modern expression by creating the 
office of Prime Minister. The party- 
system was already inevitable; and with 
his advent to full power in 1727 we have 
the characteristic outlines of English rep- 
resentative government. Thenceforward, 
there are, on the whole, but three large 
questions with which the age concerned 
itself. Toleration had already been won 
by the persistent necessities of two gener- 
ations, and the noble determination of 
^ William III ; but the place of the Church 
in the Revolution State and the nature of 
that State were still undetermined. 
Hoadly had one solution, Law another; 
and the genial rationalism of the time, 
coupled with the political affiliations of 
the High Church party, combined to give 
Hoadly the victory; but his opponents, 
and Law especially, remained to be the 
parents of a movement for ecclesiastical 
freedom of which it has been the good for- 
tune of Oxford to supply in each succeed- 
ing century the leaders. America pre- 
sented again the problem of consent in the 
special perspective of the imperial rela- 
tion; and the decision which grew out of 



INTRODUCTION 23 

the blundering obscurantism of the King 
enabled Burke nobly to restate and amply 
to revivify the principles of 1688. Chat- 
ham meanwhile had stumbled upon a 
vaster empire; and the industrial system 
which his effort quickened could not live 
under an economic regime which still bore *" 
traces of the narrow nationalism of the 
Tudors. No man was so emphatically 
representative of his epoch as Adam 
Smith; and no thinker has ever stated in 
such generous terms the answer of his time 
to the most vital of its questions. The 
answer, indeed, like all good answers, re- 
vealed rather the difficulty of the problem 
than the prospect of its solution; though 
nothing so clearly heralded the new age 
that was coming than his repudiation of 
the past in terms of a real appreciation of 
it. The American War and the two great 
revolutions brought a new race of thinkers 
into being. The French seed at last pro- 
duced its harvest. Bentham absorbed the 
purpose of Rousseau even while he re- 
jected his methods. For a time, indeed, 
the heat and dust of war obscured the 
issue that Bentham raised. But the cer- 
tainties of the future lay on his side. 



CHAPTER II 

THE PRINCIPLES OF THE REVOLUTION 



The English Revolution was in the 
main a protest against the attempt of 
James II to establish a despotism in al- 
liance with France and Rome. It was 
almost entirely a movement of the aris- 
tocracy, and, for the most part, it was aris- 
tocratic opposition that it encountered. 
^Vhat it did was to make for ever impos- 
sible the thought of reunion with Rome 
and the theory that the throne could be 
established on any other basis than the 
consent of Parliament. For no one could 
pretend that William of Orange ruled by 
Divine Right. The scrupulous shrank from 
proclaiming the deposition of James ; and 
the fiction that he had abdicated was not 
calculated to deceive even the warmest of 
WilUam's adherents. An unconstitutional 
Parliament thereupon declared the throne 

24 



PRINCIPLES OF THE REVOLUTION 25 

vacant; and after much negotiation 
William and Mary were invited to occupy 
it. To William the invitation was irre- 
sistible. It gjave him the assistance of the 
first maritime power in Europe against 
the imperialism of Louis XIV. It en- 
sured the survival of Protestantism 
against the encroachments of an enemy 
who never slumbered. Nor did England 
find the new regime unwelcome. Every 
widespread conviction of her people had 
been wantonly outraged by the blundering 
stupidity of James. If a large fraction of 
the English Church held aloof from the 
new order on technical grounds, the com- 
mercial classes gave it their warm sup- 
port; and many who doubted in theory 
submitted in practice. All at least were 
conscious that a new era had dawned. 

For William had come over with a defi- 
nite purpose in view. James had wrought 
havoc with what the Civil Wars had made 
the essence of the English constitution; 
and it had become important to define in 
set terms the conditions upon which the 
life of kings must in the future be regu- 
lated. The reign of William is nothing 
so much as the period of that definition; 



26 ENGLISH POLITICAL THOUGHT 

and the fortunate discovery was made of 
the mechanisms whereby its translation 
into practice might be secured. The Bill 
of Rights (1689) and the Act of Settle- 
ment (1701) are the foundation-stones of 
the modern constitutional system. 

What, broadly, was established was the 
dependence of the crown upon Parlia- 
ment. Finance and the army were 
brought under Parliamentary control by 
the simple expedient of making its annual 
simimons essential. The right of petition 
was re-affirmed; and the independence of 
the judges and ministerial responsibility 
were secured by the same act which for- 
ever excluded the legitimate heirs from 
their royal inheritance. It is difficult not 
to be amazed at the almost casual fashion 
in which so striking a revolution was ef- 
fected. Not, indeed, that the solution 
worked easily at the outset. William re- 
mained to the end a foreigner, who could 
not understand the inwardness of English 
politics. It was the necessities of foreign 
policy which drove him to admit the im- 
mense possibilities of the party-system as 
also to accept his own best safeguard in 
the foundation of the Bank of England. 



PRINCIPLES OF THE TIE VOLUTION 27 

The Cabinet, towards the close of his 
reign, had already become the funda- 
mental administrative instrument. Origi- 
nally a committee of the Privy Council, it 
had no party basis imtil the ingenious 
Sunderland atoned for a score of dishon- 
esties by insisting that the root of its effi- 
ciency would be found in its selection from 
a single party. William acquiesced but 
doubtfully; for, until the end of his life, 
he never understood why his ministers 
should not be a group of able counsellors 
chosen without reference to their political 
affiliations. Sunderland knew better for 
the simple reason that he belonged to that 
period when the Whigs and Tories had 
gambled against each other for their 
heads. He knew that no council-board 
could with comfort contain both himself 
and Halifax; just as William himself was 
to learn quite early that neither honor nor 
confidence could win unswerving support 
from John Churchill. There is a certain 
f everishness in the atmosphere of the reign 
which shows how many kept an anxious 
eye on St. Germain even while they at- 
tended the morning levee at Whitehall. 
What secured the permanence of the 



28 ENGLISH POLITICAL THOUGHT 

settlement was less the policy of William 
than the blmider of the French monarch. 
Patience, foresight and generosity had not 
availed to win for William more than a 
grudging recognition of his kingship. He 
had received only a half-hearted support 
for his foreign policy. The army, despite 
his protests, had been reduced; and the 
enforced return of his own Dutch Guards 
to Holland was deliberately conceived to 
cause him pain. But at the very moment 
when his strength seemed weakest James 
II died; and Louis XIV, despite written 
obligation, sought to comfort the last mo- 
ments of his tragic exile by the falsely 
chivalrous recognition of the Old Pre- 
tender as the rightful English king. It 
was a terrible mistake. It did for William 
what no action of his own could ever have 
achieved. It suggested that England 
must receive its ruler at the hands of a 
foreign sovereign. The national pride of 
the people rallied to the cause for which 
William stood. He was king — so, at 
least in contrast to Louis' decision, it ap- 
peared — by their deliberate choice and 
the settlement of which he was the symbol 
would be maintained. Parliament granted 



PRINCIPLES OP THE REVOLUTION 29 

to William all that his foreign policy could 
have demanded. His own death was only 
the prelude to the victories of Marl- 
borough. Those victories seemed to seal 
the solution of 1688. A moment came 
when sentiment and intrigue combined to 
throw in jeopardy the Act of Settlement. 
But Death held the stakes against the 
gambler's throw of Bolingbroke; and the 
accession of George I assured the perma- 
nence of Revolution principles. 

II 

The theorist of the Revolution is Locke ; 
and it was his conscious effort to justify 
the innovations of 1688. He sought, as 
he said, "to establish the throne of our 
great Restorer, our present King Wil- 
liam, and make good his title in the con- 
sent of the people." In the debate which 
followed his argument remained unan- 
swered, for the sufficient reason that it had 
the common sense of the generation on his 
side. Yet Locke has suffered not a little 
at the hands of succeeding thinkers. 
Though his influence upon his own time 
was immense; though Montesquieu owed 



/ 



30 ENGLISH POLITICAI. THOUGHT 

to him the acutest of his insights; though 
the principles of the American Revolu- 
tion are in large part an acknowledged 
adoption of his own ; he has become one of 
the political classics who are taken for 
granted rather than read. It is a pro- 
found and regrettable error. Locke may 
not possess the clarity and ruthless logic 
of Hobbes, or the genius for compressing 
into a phrase the experience of a lifetime 
which makes Burke the first of English 
political thinkers. He yet stated more 
clearly than either the general problem of 
the modern State. Hobbes, after all, 
worked with an impossible psychology 
and sought no more than the prescription 
against disorder. Burke wrote rather a 
text-book for the cautious administrator 
than a guide for the liberal statesman. 
But Locke saw that the main problem of 
the State is the conquest of freedom and it 
was for its definition in terms of individual 
good that he above all strove. 

Much, doubtless, of his neglect is due 
to the medium in which he worked. He 
wrote at a time when the social contract 
seemed the only possible retort to the 
theory of Divine Right. He so empha- 



PRINCIPLES OP THE REVOLUTION 31 

sized the principle of consent that when 
contractualism came in its turn to be dis- 
carded, it wa5 discovered that Locke suf- 
fered far more than Hobbes by the change 
so made. For Hobbes cared nothing for 

* the contract so long as strong government 
could be shown to be implicit in the nat- 
ural badness of men, while Locke as- 
sumed their goodness and made his 
contract essential to their opportunity for 
moral expression. Nor did he, like Rous- 

. seau, seize upon the organic nature of the 
State. To him the State was always a mere 
aggregate, and the convenient simplicity 
of majority-rule solved, for him, the vital 
political problems. But Rousseau was 
translated into the complex dialectic of 
Hegel and lived to become the parent of 
theories he would have doubtless been the 
first to disown. Nor was Locke aided by 
his philosophic outlook. Few great 
thinkers have so little perceived the psy- 
chological foundations of politics. What 
he did was rather to fasten upon the great 
institutional necessity of his time — the 
provi3ion of channels of assent — and em- 
phasize its importance to the exclusion of 
all other factors. The problem is in fact 



32 ENGLISH POLITICAL THOUGHT 

more complex; and the solution he indi- 
cated became so natm-al a part of the po- 
litical fabric that the value of his emphasis 
upon its import was largely forgotten 
when men again took up the study of 
foimdations. 

John Locke was bom at Wrington in 
Somerset on the 29th of August, 1632. 
His father was clerk to the county jus- 
tices and acted as a captain in a cavalry 
regiment during the Civil War. Though 
he suffered heavy losses, he was able to 
give his son as good an education as the 
time afforded. Westminster under Dr. 
Busby may not have been the gentlest of 
academies, but at least it provided Locke 
with an admirable training in the classics. 
He himself, indeed, in the Thoughts on 
Education doubted the value of such ex- 
ercises ; nor does he seem to have conceived 
any affection for Oxford whither he pro- 
ceeded in 1652 as a junior student of 
Christ Church. The university was then 
under the Puritan control of Dr. John 
Owen; but not even his effort to redeem 
the university from its reputation for in- 
tellectual laxity rescued it from the 
"wrangling and ostentation" of the peri- 



PRINCIPLES OF THE REVOLUTION 33 

patetic philosophy. Yet it was at Oxford 
that he encountered the work of Descartes 
which first attracted him to metaphysics. 
There, too, he met Pocock, the Arabic 
scholar, and Wallis the mathematician, 
who must at least have commanded his re- 
spect. In 1659 he accepted a Senior Stu- 
dentship of his college, which he retained 
until he was deemed politically undesir- 
able in 1684. After toying with his 
father's desire that he should enter the 
Church, he began the study of medicine. 
Scientific interest won for him the friend- 
ship of Boyle; and while he was adminis- 
tering physic to the patients of Dr. 
Thomas, he was making the observations 
recorded in Boyle's History of the Air 
which Locke himself edited after the 
death of his friend. 

Meanwhile accident had turned his life 
into far different paths. An appointment 
as secretary to a special ambassador 
opened up to him a diplomatic career ; but 
his sturdy commonsense showed him his 
unfitness for such labors. After his visit 
to Prussia he returned to Oxford, and 
there, in 1667, in the course of his medical 
work, he met Anthony Ashley, the later 



34 ENGLISH POLITICAL THOUGHT 

Lord Shaftesbury and the Ahitophel of 
Dryden's great satire. The two men were 
warmly attracted to each other, and 
Locke accepted an appointment as phy- 
sician to Lord Ashley's household. But 
he was also much more than this. The 
tutor of Ashley's philosophic grandson, he 
became also his patron's confidential coun- 
sellor. In 1663 he became part author of 
a constitutional scheme for Carolina which 
is noteworthy for its emphasis, thus early, 
upon the importance of religious tolera- 
tion. In 1672, when Ashley became Lord 
Chancellor, he became Secretary of Pres- 
entations and, imtil 1675, Secretary to the 
Coimcil of Trade and Foreign Planta- 
tions. Meanwhile he carried on his medi- 
cal work and must have obtained some 
reputation in it ; for he is honorably men- 
tioned by Sydenham, in his Method of 
Curing Fevers (1676), and had been 
elected to the Royal Society in 1668. But 
his real genius lay in other directions. 

Locke himself has told us how a few 
friends began to meet at his chamber for 
the discussions of questions which soon 
passed into metaphysical enquiry; and a 
page from a commonplace book of 1671 



PRINCIPLES OF THE REVOLUTION 35 

is the first beginning of his systematic 
work. Relieved of his administrative 
duties in 1675, he spent the next four 
years in France, mainly occupied with 
medical observation. He returned to 
England in 1679 to assist Lord Shaftes- 
bury in the passionate debates upon the 
Exclusion Bill. Locke followed his 
patron into exile, remaining abroad from 
1683 imtil the Revolution. Deprived of 
his fellowship in 1684 through the malice 
of Charles II, he would have been without 
means of support had not Shaftesbury be- 
queathed him a pension. As it was, he 
had no easy time. His extradition was 
demanded by James II after the Mon- 
mouth rebellion; and though he was later 
pardoned he refused to return to England 
imtil William of Orange had procured his 
freedom. A year after his return he made 
his appearance as a writer. The Essay ^ 
Concerning Human Understanding and 
the Two Treatises of Government were 
both published in 1690. Five years earlier „ 
the Letter Concerning Toleration was 
published in its Latin dress ; and four 
years afterwards an English translation 
appeared. This last, however, perhaps on 



36 ENGLISH POLITICAL THOUGHT 

grounds of expediency, Locke never ac- 
knowledged until his will was published; 
for the time was not yet suited to such 
generous speculations. Locke was thus 
in his fifty-eighth year when his first ad- 
mitted work appeared. But the rough at- 
tempts at the essay date from 1671, and 
hints towards the Letter on Toleration 
can be found in fragments of various dates 
between the twenty-eighth and thirty- 
fifth years of his life. Of the Two 
Treatises the first seems to have been 
written between 1680 and 1685, the 
second in the last vear of his Dutch exile/ 
The remaining fourteen years of 
Locke's life were passed in semi-retire- 
ment in East Anglia. Though he held 
public office, first as Commissioner of Ap- 
peals, and later of Trade, for twelve years, 
he could not stand the pressure of London 
writers, and his public work was only in- 
termittent. His counsel, nevertheless, was 
highly valued; and he seems to have won 
no small confidence from William in dip- 
lomatic matters. Somers and Charles 
Montagu held him in high respect, and he 

1 On the evidence for these dates see the convincing 
argrument of Mr. Fox-Bourne in his Life of Locke, 
Vol. II, pp. 165-7. 



PRINCIPLES OF THE REVOLUTION 87 

had the warm friendship of Sir Isaac 
Newton. He published some short dis- 
cussions on economic matters, and in 1695 
gave valuable assistance in the destruction 
of the censorship of the press. Two years 
earlier he had published his Thoughts on 
Education, in which the observant reader 
may find the germ of most of Smile's. 
ideas. He did not fail to revise the Essay 
from time to time ; and his Reasonableness 
of Christianity, which, through Toland, 
provoked a reply from StiUingfleet and 
showed Locke in retort a master of the 
controversial art, was in some sort the 
foundation of the deistic debate in the 
next epoch. But his chief work had al- 
ready been done, and he spent his energies 
in rewarding the affection of his friends. 
Locke died on October 28, 1704, amid 
circvmistances of singular majesty. He 
had lived a full life, and few have so com- 
pletely realized the medieval ideal of 
specializing in omniscience. He left 
warm friends behind him; and Lady 
Masham has said of him that beyond 
which no man may dare to aspire/ 

^ Fox-Boume, op. cU. Letter from Lady Masham to 
Jean le Clerc. 



38 ENGLISH POLITICAL THOUGHT 

III 

Locke's Two Treatises of Government 
are different both in object and in value. 
The first is a detailed and tiresome re- 
sponse to the historic imagination of Sir 
Robert Fihner. In his Patnarcha, which 
first saw the light in 1680, though it had 
been written long before, the latter had 
sought to reach the ultimate conclusion of 
Hobbes without the element of contract 
upon which the great thinker depended. 
"I consent with him," said Fihner of 
Hobbes, "about the Rights of eccerdsing 
Government, but I cannot agree to his 
means of acquiring it." That power must 
be absolute, Filmer, like Hobbes, has no 
manner of doubt ; but his method of proof 
is to derive the title of Charles I from 
Adam. Little difficulties like the origin 
of primogeniture, or whence, as Locke 
points out, the imiversal monarchy of 
Shem can be derived, the good Sir Robert 
does not satisfactorily determine. Locke 
takes him up point by point, and there is 
little enough left, save a sense that history 
is the root of institutions, when he has 
done. What troubles us is rather why 



PRINCIPLES OF THE REVOLUTION 39 

Locke should have wasted the resources 
of his intelligence upon so feeble an op- 
ponent. The book of Hobbes lay ready 
to his hand; yet he almost ostentatiously 
refused to grapple with it. The answer 
doubtless lies in Hobbes' unsavory fame. 
The man who made the Church a mere de- 
partment of the State and justified not 
less the title of Cromwell than of the 
Stuarts was not the opponent for one who 
had a very practical problem in hand. 
And Locke could answer that he was an- 
swering Hobbes implicitly in the second 
Treatise. And though Filmer might 
never have been known had not Locke 
thus honored him by retort, he doubtless 
symbolized what many a nobleman's chap- 
lain preached to his master's dependents 
at family prayers. 

The Second Treatise goes to the root 
of the matter. Why does political power, 
"a Right of making Laws and Penalties 
of Death and consequently all less Pen- 
alties," exist? It can only be for the public 
benefit, and our enquiry is thus a study of 
the groimds of political obedience. Locke 
thus traverses the groimd Hobbes had 
covered in his Lexnathan though he rejects 



I 
I 



\ 



40 ENGLISH POLITICAL THOUGHT 

every premise of the earlier thinker. To 
Hobbes the state of nature which precedes 
political organization had been a state of 
war. Neither peace nor reason could pre- 
vail where every man was his neighbor's 
enemy; and the establishment of absolute 
power, with the consequent surrender by 
men of all their natural liberties, was the 
only means of escape from so brutal a re- 
gime. That the state of nature was so 
distinguished Locke at the outset denies. 
The state of nature is governed by the 
law of nature. The law of nature is not, 
as Hobbes had made it, the antithesis of 
real law, but rather its condition ante- 
cedent. It is a body of rules which 
governs, at all times and all places, the 
conduct of men. Its arbiter is reason and, 
in the natural state, reason shows us that 
men are equal. From this equality are 
born men's natural rights which Locke, 
like the Independents in the Puritan 
Revolution, identifies with life, liberty and 
property. Obviously enough, as Hobbes 
had also granted, the instinct to self- 
preservation is the deepest of human im- 
pulses. By liberty Locke means the 
right of the individual to follow his own 



PRINCIPLES OP THE REVOLUTION 41 

bent granted only his observance of the 
law of nature. Law, in such an aspect, is 
clearly a means to the realization of free- 
dom in the same way that the rule of the 
road will, by its common acceptance, save 
its observers from accident. It promotes 
the initiative of men by defining in terms 
which by their very statement obtain ac- 
knowledgment the conditions upon which 
individual caprice may have its play. 
Property Locke derives from a primitive 
commimism which becomes transmuted 
into individual ownership whenever a man 
has mingled his labor with some object. 
This labor theory of ownership lived, it 
may be remarked, to become, in the hands 
of Hodgskin and Thompson, the parent 
of modern socialism. 

The state of nature is thus, in contrast 
to the argument of Hobbes, pre-eminently 
social in character. There may be war or 
violence; but that is only when men have 
abandoned the rule of reason which is in- 
tegral to their character. But the state of 
nature is not a civil State. There is no 
common superior to enforce the law of 
nature. Each man, as best he may, works 
out his own interpretation of it. But be- 



42 ENGLISH POLITICAL THOUGHT 

cause the intelligences of men are dif- 
ferent there is an inconvenient variety in 
the conceptions of justice. The result is 
uncertainty and chaos; and means of es- 
cape must be foimd from a condition 
which the weakness, of men must ulti- 
mately make intolerable. It is here that 
the social contract emerges. But just as 
Locke's natural state implies a natural 
man utterly distinct from Hobbes' gloomy 
picture, so does Locke's social contract rep- 
resent rather the triumph of reason than 
of hard necessity. It is a contract of each 
with all, a surrender by the individual of 
his personal right to fulfil the commands 
of the law of nature in return for the 
guarantee that his rights as nature ordains 
them — life and liberty and property — 
will be preserved. The contract is thus 
not general as with Hobbes but limited 
and specific in character. Nor is it, as 
Hobbes made it, the resignation of power 
into the hands of some single man or 
group. On the contrary, it is a contract 
with the commimity as a whole which thus 
becomes that common political superior — 
the State — which is to enforce the law of 
nature and punish infractions of it. Nor 



PRINCIPLES OF THE REVOLUTION 43 

is Locke's state a sovereign State : the very 
word "sovereignty" does not occur, sig- 
nificantly enough, throughout the treatise. 
The State has power only for the protec- 
tion of natural law. Its province ends 
when it passes beyond those boundaries. 

Such a contract, in Locke's view, in- 
volves the pre-eminent necessity of ma- 
jority-rule. Unless the minority is 
content to be bound by the will of superior 
numbers the law of nature has no more 
protection than it had before the institu- 
tion of political society. And it is further 
to be assumed that the individual has sur- 
rendered to the commimity his individual 
right of carrying out the judgment in- 
volved in natural law. Whether Locke 
conceived the contract so formulated to be 
historical, it is no easy matter to deter- 
mine. That no evidence of its early ex- 
istence can be adduced he ascribes to its 
origin in the infancy of the race; and the 
histories of Rome and Sparta and Venice 
seem to him proof that the theory is some- 
how demonstrable by facts. More im- 
portant than origins, he seems to deem its 
implications. He has placed consent in 
the foreground of the argument; and he 



44 ENGLISH POLITICAL THOUGHT 

was anxious to establish the grounds for 
its continuance. Can the makers of the 
original contract, that is to say, bind their 
successors? If legitimate government is 
based upon the consent of its subjects, 
may they withdraw their consent? And 
what of a child bom into the community? 
Locke is at least logical in his consent. 
The contract of obedience must be free or 
else, as Hooker had previously insisted, it 
is not a contract. Yet Locke urged that 
the primitive members of a State are 
boimd to its perpetuation simply because 
unless the majority had power to enforce 
obedience government, in any satisfactory 
sense, would be impossible. With chil- 
dren the case is different. They are bom 
subjects of no government or country; 
and their consent to its laws must either 
be derived from express acknowledg- 
ment, or by the tacit implication of the 
fact that the protection of the State has 
been accepted. But no one is bound until 
he has shown by the rule of his mature 
conduct that he considers himself a com- 
mon subject with his fellows. Consent 
implies an act of will and we must have 
evidence to infer its presence before the 
rule of subjection can be applied. 



PRINCIPLES OF THE REVOLUTION 45 

We have thus the State, though the 
method of its organization is not yet out- 
lined. For Locke there is a difference, 
though he did not explicitly describe its 
nature, between State and Government. 
Indeed he sometimes approximates, with- 
out ever formally adopting, the attitude of 
Pufendorf, his great German contempo- 
rary, where government is derived from a 
secondary contract dependent upon the 
original institution of civil society. The 
distinction is made in the light of what is 
to follow. For Locke was above all 
anxious to leave supreme power in a com- 
mimity whose single will, as manifested by 
, majority-verdict, could not be challenged 
by any lesser organ than itself. Govern- 
ment there must be if political society is 
to endure ; but its form and substance are 
dependent upon popular institution. 

Locke follows in the great Aristotelian 
tradition of dividing the types of govern- 
ment into three. Where the power of 
making laws is iii a single hand we have 
a monarchy ; where it is exercised by a few 
or all we have alternatively oligarchy and 
dembcracy. The disposition of the legis- 
lative power is the fundamental test of 



46 ENGLISH POLITICAL THOUGHT 

type; for executive and judiciary are 
clearly dependent on it. Nor, as Hobbes 
argued, is the form of government per- 
manent in character; the supreme com- 
munity is as capable of making temporary 
as of registering irrevocable decisions. 
And though Locke admits that monarchy, 
from its likeness to the family, is the most 
primitive type of government, he denies 
Hobbes' assertion that it is the best. It 
seems, in his view, always to degenerate 
into the hands of lesser men who betray 
the contract they were appointed to ob- 
serve. Nor is oligarchy much better off 
since it emphasizes the interest of a group 
against the superior interest of the com- 
munity as a whole. Democracy alone 
proffers adequate safeguards of an en- 
during good rule ; a democracy, that is to 
say, which is in the hands of delegates 
controlled by popular election. Not that 
Locke is anxious for the abolition of king- 
ship. His letters show that he disliked the 
Cromwellian system and the republi- 
canism which Harrington and Milton had 
based upon it. He was content to have a 
kingship divested of legislative power so 
long as hereditary succession was acknowl- 



PRINCIPLES OP THE REVOLUTION 4ft 

edged to be dependent upon popular con- 
sent. The main thing was to be rid of the 
Divine Right of kings. 

We have thus an organ for the interpre- 
tation of natural law free from the shift- 
ing variety of individual judgment. We 
have a means for securing impartial jus- 
tice between members of civil society, and 
to that means the force of men has been 
surrendered. The formulation of the 
rules by which life, liberty and property 
are to be secured is legislation and this, 
from the terms of the original contract, is 
the supreme fimction of the State. But, 
in Locke's view, two other functions still 
remain. Law has not only to be declared. 
It must be enforced; and the business of 
the executive is to secure obedience to the 
command of law. But Locke here makes 
a third distinction. The State must live 
with other States, both as regards its in- 
dividual members, and as a collective 
body ; and the power which deals with this 
aspect of its relationships, Locke termed 
"federative." This last distinction, in- 
deed, has no special value ; and its author's 
own defence of it is far from clear. More 
important, especially, for future history, 



48 ENGLISH POLITICAL THOUGHT 

was his emphasis of the distinction be- 
tween legislature and executive. The 
making of laws is for Locke a relatively 
simple and rapid task ; the legislature may 
do its work and be gone. But those who 
attend to their execution must be cease- 
less in their vigilance. It is better, there- 
fore, to separate the two both as to powers 
and persons. Otherwise legislators "may 
exempt themselves from obedience to the 
laws they make, and suit the law, both in 
its making and its execution, to their own 
private wish, and thereby come to have a 
distinct interest from the rest of the com- 
munity, contrary to the end of society and 
government." The legislator must there- 
fore be bound by his own laws; and he 
must be chosen in such fashion that the 
representative assembly may fairly rep- 
resent its constituencies. It was the patent 
anomalies of the existent scheme of dis- 
tribution which made Locke here proffer 
his famous suggestion that the rotten 
boroughs should be abolished by execu- 
tive act. One hundred and forty years 
were still to pass before this wise sugges- 
tion was translated into statute. 

Though Locke thus insisted upon the 



PRINCIPLES OF THE REVOLUTION 49 

separation of powers, he realized that 
emergencies are the parent of special 
need ; and he recognized that not only may 
the executive, as in England, share in the 
task of legislation, but also may issue ordi- 
nances when the legislature is not in ses- 
sion, or act contrary to law in case of 
grave danger. Nor can the executive be 
forced to summon the legislature. Here, 
clearly enough, Locke is generalizing 
from the English constitution; and its 
sense of compromise is implicit in his re- 
marks. Nor is his surrender here of con- 
sent sufficient to be inconsistent with his 
general outlook. For at the back of each 
governmental act, there is, in his own 
mind, an active citizen body occupied in 
judging it with single-minded reference 
to the law of nature and their own natural 
rights. There is thus a standard of right 
and wrong superior to all powers within 
the State. "A government," as he says, "is 
not free to do as it pleases . . . the law 
of nature stands as an eternal rule to all 
men, legislators as well as others." The 
social contract is secreted in the interstices 
of public statutes. 

Its corollary is the right of revolvit\o\Y* 



60 ENGLISH POLITICAL THOUGHT 

It is interesting that he should have 
adopted this position; for in 1676 he had 
uttered the thought that not even the de- 
mands of conscience^ can justify rebellion. 
That was, however, before the tyranny of 
Charles had driven him into exile with his 
patron, and before James had attempted 
the subversion of all constitutional gov- 
ernment. To deny the right of revolution 
was to justify the worst demands of 
James, and it is in its favor that he exerts 
his ablest controversial power. "The true 
remedy," he says, "of force without au- 
thority is to oppose force to it." Let the 
sovereign but step outside the powers de- 
rived from the social contract and resist- 
ance becomes a natural right. But how 
define such invasion of powers? The in- 
stances Locke chose show how closely, 
here at least, he was following the events 
of 1688. The substitution of arbitrary 
will for law, the corruption of Parliament 
by packing it with the prince's instru- 
ments, betrayal to a foreign prince, pre- 
vention of the due assemblage of Parlia- 
ment — all these are a perversion of the 
trust imposed and operate to effect the 

1 King, IAf9 of Locke, pp. 62, 63. 



PRINCIPLES OP THE REVOLUTION 61 

dissolution of the contract. The state of 
nature again supervenes, and a new con- 
tract may be made with one more fitted to 
observe it. Here, also, Locke takes oc- 
casion to deny the central position of 
Hobbes' thesis. Power, the latter had ar- 
gued, must be absolute and there cannot, 
therefore, be usurpation. But Locke re- 
torts that an absolute government is no 
government at all since it proceeds by 
caprice instead of reason; and it is com- 
parable only to a state of war since it im- 
plies the absence of judgment upon the 
character of power. It lacks the essential 
element of consent without which the 
binding force of law is absent. All gov- 
ernment is a moral trust, and the idea of 
limitation is therein implied. But a limi- 
tation without the means of enforcement 
would be worthless, and revolution re- 
mains as the reserve power in society. 
The only hindrance to its exertion that 
Locke suggests is that of number. Revo- 
lution should not, he urges, be the act of 
a minority; for the contract is the action 
of the major portion of the people and 
its consent should likewise obtain to the 
dissolution of the covenant. 



52 ENGLISH POLITICAL THOUGHT 

The problem of Church and State de- 
manded a separate discussion; and it is 
difficult not to feel that the great Letter 
on Toleration is the noblest of all his ut- 
terances. It came as the climax to a long 
evolution of opinion; and, in the light of 
William's own conviction, it may be said 
to have marked a decisive epoch of 
thought. Already in the sixteenth cen- 
tury Robert Brown and William the 
Silent had denounced the persecution of 
sincere belief. Early Baptists like Busher 
and Richardson had finelv denied its 
validity. Roger Williams in America, 
Milton in England had attacked its moral 
rightness and political adequacy; while 
churchmen like Hales and Taylor and the 
noble Chillingworth had shown the incom- 
patibility between a religion of love and a 
spirit of hate. Nor had example been 
wanting. The religious freedom of Hol- 
land was narrow, as Spinoza had foimd, 
but it was still freedom. Rhode Island, 
Pennsylvania, South Carolina and Mas- 
sachusetts had all embarked upon admir- 
able experiment; and Penn himself had 
aptly said that a man may go to chapel 
instead of church, even while he remains 



PRINCIPLES OF THE REVOLUTION 53 

a good constable. And in 1687, in the 
preface to his translation of Lactantius, 
Burnet had not merely attacked the moral 
viciousness of persecution, but had drawn 
a distinction between the spheres of 
Church and State which is a remarkable 
anticipation of Locke's own theory. 

Locke himself covers the whole ground ; 
and since his opinions on the problem were 
at least twenty years old, it is clear that 
he was consistent in a worthy outlook. He 
proceeds by a denial that any element of 
theocratic government can claim political 
validity. The magistrate is concerned 
only with the preservation of social peace 
and does not deal with the problem of 
men's souls. Where, indeed, opinions de- 
structive of the State are entertained or a 
party subversive of peace makes its ap- 
pearance, the magistrate has the right of 
suppression; though in the latter case 
force is the worst and last of remedies. In 
the English situation, it follows that all 
men are to be tolerated save Catholics, 
Mahomedans and atheists. The first are 
themselves deniers of the rights they 
would seek, and they find the centre of 
their political allegiance in a foreign 



64 ENGLISH POLITICAL THOUGHT 

power. Mahomedan morals are incom- 
patible with European civil systems; and 
the central factor in atheism is the absence 
of the only ultimately satisfactory sanc- 
tion of good conduct. Though Church 
and State are thus distinct, they act for a 
reciprocal benefit ; and it is thus important 
to see why Locke insists on the invalidity 
of persecution. For such an end as the 
cure of souls, he argues, the magistrate 
has no divine legation. He cannot, on 
other groimds, use force for the simple 
reason that it does not produce internal 
conviction. But even if that were possible, 
force would still be mistaken ; for the ma- 
jority of the world is not Christian, yet it 
would have the right to persecute in the 
belief that it was possessed of truth. Nor 
can the implication that the magistrate 
has the Keys of heaven be accepted. "No 
religion," says Locke finely, "which I be- 
lieve not to be true can be either true or 
profitable to me." He thus makes of the 
Church an institution radically different 
from the ruling conceptions of his time. 
It becomes merely a volimtary society, 
which can exert no power save over its 
members. It may use its own ceremonies. 



PRINCIPLES OF THE REVOLUTION 55 

but it cannot impose them on the imwill- 
ing; and since persecution is alien from 
the spirit of Christ, exclusion from mem- 
bership must be the limit of ecclesiastical 
disciplinary power. Nor must we forget 
the advantages of toleration. Its eldest 
child is charity, and without it there can 
be no honesty of opinion. Later contro- 
versy did not make him modify these prin- 
ciples; and they lived, in Macaulay's 
hands, to be a vital weapon in the political 
method of the nineteenth century. 



IV 

Any survey of earlier political theory 
would show how little of novelty there is 
in the specific elements of Locke's gen- 
eral doctrine. He is at all points the off- 
spring of a great and imbroken tradition ; 
and that not the least when he seems un- 
conscious of it. Definite teachers, indeed, 
he can hardly be said to have had ; no one 
can read his book without perceiving how 
much of it is rooted in the problems of his 
own day. He himself has expressed his 
sense of Hooker's greatness, and he else- 
where had recommended the works of 



66 ENGLISH POLITICAL THOUGHT 

Grotius and Puf endorf as an essential ele- 
ment in education. But his was a nature 
which learned more from men than 
books ; and he more than once insisted that 
his philosophy was woven of his own 
"coarse thoughts." What, doubtless, he 
therein meant was to emphasize the fresh- 
ness of his contact with contemporary 
fact in contrast with the technical jargon 
of the earlier thinkers. At least his work 
is free from the mountains of allusion 
which Prynne rolled into the bottom of 
his pages; and if the first Whig was the 
devil, he is singularly free from the irri- 
tating pedantry of biblical citation. Yet 
even with these novelties, no estimate of 
his work would be complete which failed 
to take account of the foimdations upon 
which he builded. 

Herein, perhaps, the danger is lest we 
exaggerate Locke's dependence upon the 
earlier current of thought. The social 
contract is at least as old as when Glaucon 
debated with Socrates in the market-place 
at Athens. The theory of a state of 
nature, with the rights therein implied, is 
the contribution, through Stoicism, of the 
Roman lawyers, and the great medieval 



PRINCIPLES OF THE REVOLUTION 67 

contrast to Aristotle's experimentalism. 
To the latter, also, may be traced the sep- 
aration of powers; and it was then but 
little more than a hundred years since 
Bodin had been taken to make the doc- 
trine an integral part of scientific politics. 
Nor is the theory of a right to revolution 
in any sense his specific creation. So 
soon as the Reformation had given a new 
perspective to the problem of Church and 
State every element of Locke's doctrine 
had become a commonplace of debate. 
Goodman and Knox among Presby- 
terians, Suarez and Mariana among 
Catholics, the author of the Vindicice and 
Francis Hotman among the Huguenots, 
had all of them emphasized the concept of 
public power as a trust; with, of course, 
the necessary corollary that its abuse en- 
tails resistance. Algernon Sydney was at 
least his acquaintance; and he must have 
been acquainted with the tradition, even 
if tragedy spared him the details, of the 
Discourses on Government. Even his 
theory of toleration had in every detail 
been anticipated by one or other of a hun- 
dred controversialists; and his argument 
can hardly claim either the lofty eloquence 



58 ENGLISH POLITICAL THOUGHT 

of Jeremy Taylor or the cogent simplicity 
of William Pemi. 

What differentiates Locke from all his 
predecessors is the manner of his writing 
on the one hand, and the fact of the Revo- 
lution on the other. Every previous 
thinker save Sydney — the latter's work 
was not published until 1689 — was writ- 
ing with the Church hardly less in mind 
than the purely political problems of the 
State; even the secular Hobbes had de- 
voted much thought and space to that 
"kingdom of darkness" which is Rome. 
And, Sydney apart, the resistance they 
had justified was always resistance to a re- 
ligious tyrant; and Cartwright was as 
careful to exclude political oppression 
from the groimds of revolution as Locke 
was to insist upon it as the fundamental 
V" ' excuse. Locke is, in fact, the first of Eng- 
lish thinkers the basis of whose argument 
is mainly secular. Not, indeed, that he can 
wholly escape the trammels of ecclesias- 
ticism; not until the sceptical intelligence 
of Hume was such freedom possible. But 
it is clear enough that Locke was shifting 
to very different ground from that which 
arrested the attention of his predecessors. 



PRINCIPLES OF THE REVOLUTION 59 

He is atten[ipting, that is to say, a separa- 
tion between Church and State not merely 
in that Seoto-Jesuit sense which aimed at 
ecclesiastical independence, but in order 
to assert the pre-eminence of the State as 
such. The central problem is with him 
pohtical, and all other questions are sub- 
sidiary to it. Therein we have a sense, 
less clear in any previous writer save 
Machiavelli, of the real result of the decay 
of medieval ideals. Church and State 
have become transposed in their signifi- 
cance. The way, as a consequence, lies 
open to new dogmas. 

The historical research of the nineteenth 
century has long since made an end of the 
social contract as an explanation of state- 
origins ; and with it, of necessity, has gone 
the conception of natural rights as an- 
terior to organized society. The problem, 
as we now know, is far more complex than 
the older thinkers imagined. Yet Locke's 
insistence on consent and natural rights 
has received new meaning from each 
critical period of history since he wrote. 
The theory of consent is vital because 
without the provision of channels for its 
administrative expression, men tend to 



r 



60 ENGLISH POLITICAL THOUGHT 

become the creatures of a powjer ignorant 
at once and careless of their wilL Active 
consent on the part of the mass of men 
emphasizes the contingent nature of all 
power and is essential to the full realiza- 
tion of freedom; and the purpose of the 
State, in any sense save the mere satis- 
faction of material appetite, remains, 
without it, unfulfilled. The concept of 
natural right is most closely related to 
this position. For so long as we regard 
rights as no more than the creatures of 
law, there is at no point adequate safe- 
guard against their usurpation. A 
merely legal theory of the State can never, 
therefore, exhaust the problems of polit- 
ical philosophy. 

No thinker has seen this fact more 
clearly than Locke; and if his effort to 
make rights something more than interests 
under juridical protection can not be ac- 
cepted in the form he made it, the under- 
lying purpose remains. A State, that is 
to say, which aims at giving to men the 
full capacity their trained initiative would 
permit is compelled to regard certain 
things as beyond the action of an ordinary 
legislature. What Stammler calls a "nat- 



PRINCIPLES OF THE REVOLUTION 61 

ural law with changing content" ^ — a 
content which changes with our increasing 
power to satisfy demand — is essential if 
the state is to live the life of law. For 
here was the head and centre of Locke's 
enquiry. **What he was really concerned 
about," said T. H. Green, "was to dis- 
pute *the right divine of kings to govern 
wrong.' " The method, as he conceived, 
by which this could be accomplished was 
the limitation of power. This he effected 
by two distinct methods, the one external, 
the other internal, in character. 

The external method has, at bottom, 
two sides. It is, in the first place, achieved 
by a narrow definition of the purpose of 
the state. To Locke the State is little 
more than a negative institution, a kind of 
gigantic limited liability company; and if 
we are inclined to cavil at such restraint, 
we may perhaps remember that even to 
neo-Hegelians like Green and Bosanquet 
this negative sense is rarely absent, in the 
interest of individual exertion. But for 
Locke the real guarantee of right lies in 
another direction. What his whole work 

1 Cf. my Authority in the Modern State, p. 64., and 
the references there cited. 



62 ENGLISH POLITICAL THOUGHT 

amounts to in substance — it is a signifi- 
cant anticipation of Rousseau — is a 
denial that sovereignty can exist anywhere 
save in the community as a whole. A com- 
mon poKtical superior there doubtless 
must be; but government is an organ to 
which omnipotence is wanting. So far as 
there is a sovereign at all in Locke's book, 
it is the will of that majority which Rous- 
seau tried to disguise imder the name of 
the general will ; but obviously the concep- 
tion lacks precision enough to give the no- 
tion of sovereignty the means of operation. 
The denial is natural enough to a man who 
had seen, under three sovereigns, the evils 
of unlimited power ; and if there is lacking 
to his doctrine the well-rounded logic of 
Hobbes' proof that an unlimited sovereign 
is imavoidable, it is well to remember that 
the shift of opinion is, in our own time, 
more and more in the direction of Locke's 
attitude. That omnicompetence of Par- 
liament which Bentham and Austin crys- 
tallized into the retort to Locke admits, in 
later hands, of exactly the amelioration he 
had in mind; and its ethical inadequacy 
becomes the more obvious the more closely 
it is studied.* 

1 Cf. my Problem of Sovereignty, Chap. I. 



PRINCIPLES OF THE REVOLUTION 63 

The internal limitation Locke sug- 
gested is of more doubtful value. Govern- 
ment, he says, in substance, is a trustee and 
trustees abuse their power; let us there- 
fore divide it as to parts and persons that 
the temptation to usurp may be dimin- 
ished. There is a long history to this doc- 
trine in its more obvious form, and it is a 
lamentable history. It tied men down to a 
tyrannous classification which had no root 
in the material it was supposed to distin- 
, guish. Montesquieu took it for the root of 
liberty; Blackstone, who should have 
known better, repeated the pious phrases 
of the Frenchman ; and they went in com- 
pany to America to persuade Madison and 
the Supreme Court of the United States 
that only the separation of powers can 
prevent the approach of tyranny. The 
facts do not bear out such assumption. 
The division of powers means in the event 
not less than their confusion. None can 
differentiate between the judge's declara- 
tion of law and his making of it.^ Every 
government department is compelled to 
legislate, and, often enough, to undertake 

1 Cf. Mr. Jujstice Holmes' remarks in Jensen v. 
Southern Pacific, 244 U. S. 221. 



64 ENGLISH POLITICAL THOUGHT 

judicial functions. The American history 
of the separation of powers has moi^ 
largely been an attempt to bridge them; 
and all that has been gained is to drive the 
best talent, save on rare occasion, f fom its 
public life. In France the separation of 
powers meant, imtil recent times, the ex- 
cessive subordination of the judiciary to 
the cabinet. Nor must we forget, as 
Locke should have remembered, the plain 
lesson of the Cromwellian constitutional 
experiments. That the dispersion of power 
is one of the great needs of the modem 
State at no point justifies the rigid cate- 
gories into which Locke sought its 
division.^ 

Nor must we belittle the criticism, in its 
clearest form the work of Fitz James 
Stephen,^ that has been levelled at Locke's 
theory of toleration. For the larger part 
of the modern world, his argument is ac- 
ceptable enough; and its ingenious com- 
promises have made it especially represen- 
tative of the English temper. Yet much 
of it hardly meets the argument that some 
of his opponents, as Proast for example, 

1 Cf. my Authority in the Modern State, pp. 70 f. 

2 Cf. also Coleridge's apt remark. Table Talk, Jan. 
8, 1834. 



PRINCIPLES OF THE REVOLUTION 66 

had made. His conception of the visible 
church as no part of the essence of religion 
could win no assent from even a moderate 
Anglican; and, once the visible church is 
admitted, Locke's facile distinction be- 
tween Church and State falls to the 
ground. Nor can it be doubted that 
he imderestimated the power of coer- 
cion to produce assent; the policy of 
Louis XIV to the Huguenots may 
have been brutal, but its efficacy must 
be unquestionable. And it is at least 
doubtful whether his theory has any 
validity for a man who held, as Ro- 
man Catholics of his generation were 
bound to hold, that the communication of 
his particular brand of truth outweighed 
in value all other questions. "Every 
Church," he wrote, "is orthodox to itself; 
to others, erroneous or heretical"; but to 
any earnest believer this would approxi- 
mate to blasphemy. Nor could any seri- 
ous Christian accept the view that "under 
the gospel ' . . . there is no such thing as 
a Christian commonwealth' " ; to Catholics 
and Presbyterians this must have ap- 
peared the merest travesty of their faith. 
Here, indeed, as elsewhere Locke is the 



66 ENGLISH POLITICAL THOUGHT 

/ true progenitor of Benthamism, and his 
work can hardly be miderstood save in this 
context. Just as in his ethical enquiries 
it was always the happiness of the indi- 
vidual that he sought, so in his politics it 
was the happiness of the subject he had in 
view. In each case it was to immediate ex- 
perience that he made his appeal ; and this 
perhaps explains the clear sense of a con- 
tempt for past tradition which pervades 
all his work. "That which is for the pub- 
lic welfare," he said, "is God's will"; and 
therein we have the root of that utilitar- 
ianism which, as Maine pointed out, is the 
real parent of all nineteenth century 
change. And with Locke, aS with the 
\ Benthamites, his clear sense of what utili- 
j tarianism demanded led to an over-empha- 
sis of human rationalism. No one can read 
the Second Treatise without perceiving 
that Locke looked upon the State as a ma- 
chine which can be built and taken to 
pieces in very simple fashion. Herein, im- 
doubtedly, he over-simplified the problem ; 
and that made him miss some of the cardi- 
nal points a true psychology of the State 
must seize. His very contractualism, in- 
deed, is part of this affection for the ra- 



PRINCIPLES OF THE REVOLUTION 67 

tionaL It resulted in his failure to per- 
ceive how complex is the mass of motives 
imbedded in the political act. The signifi- 
cance of herd instinct and the vast primi- 
tive deeps of the unconscious were alike 
hidden from him. All this is of defect; 
and yet excusably. For it needed the 
demonstration by Darwin of the kinship 
of man and beast for us to see the real sub- 
stance of Aristotle's vision that man is 
embedded in political society. 

V 

Once Locke's work had become known, 
its reputation was secure. Not, indeed, 
that it was entirely welcome to his genera- 
tion. Men were not wanting who shrank 
from his thoroughgoing rationalism and 
felt that anything but reason must be the 
test of truth. Those who stood by the 
ancient ways found it easy to discover re- 
publicanism and the roots of atheistic doc- 
trine in his work ; and even the theories of 
Filmer could find defenders against him 
in the Indian summer of prerogative im- 
der Queen Anne. John Hutton informed 
a friend that he was not less dangerous 



68 ENGLISH POLITICAL THOUGHT 

than Spinoza; and the opinion found an 
echo from the nonjuring sect. But these, 
after all, were but the eddies of a stream 
fast burying itself in the sands. For most, 
the Revolution was a final settlement^ and 
Locke was welcome as a writer who had 
discovered the true source of political 
comfort. So it was that William Moly- 
neux could embody the ideas of the "in- 
comparable treatise" in his demand for 
Irish freedom ; a book which, even in those 
days, occasioned some controversy. Nor 
is it uninteresting to discover that the 
translation of Hotman's Franco-Gallia 
should have been embellished with a pref- 
ace from one who, as Molyneux wrote to 
Locke,^ never met the Irish writer with- 
out conversing of their common master. 
How rapidly the doctrine spread we learn 
from a letter of Bayle's in which, as early 
as 1693, Locke has already became "the 
gospel of the Protestants." Nor was his 
immediate influence confined to England. 
French Huguenots and the Dutch drew 
naturally upon so happy a defender ; and 
Barbeyrac, in the translation of Pufen- 
dorf which he published in 1706, cites no 

1 Locke, Works (ed. of 1812), IX. 436. 



PRINCIPLES OF THE REVOLUTION 69 

writer so often as Locke. The speeches 
for the prosecution in the trial of Sache- 
verell were ahnost wholesale adaptations 
of his teaching ; and even the accused coun- 
sel admitted the legality of James' deposi- 
tion in his speech for the defence. 

More valuable testimony is not wanting. 
In the Spectator^ on six separate occa- 
sions, Addison speaks of him as one whose 
possession is a national glory. Defoe in 
his Original Power of the People of Eng- 
land made Locke the common possession 
of the average man, and offered his ac- 
knowledgments to his master. Even the 
malignant genius of Swift softened his 
hate to find the epithet "judicious" for 
one in whose doctrines he can have found 
no comfort. Pope simimarized his teach- 
ing in the form that Bolingbroke chose 
to give it. Hoadly, in his Original and In- 
stitution of Civil Government, not only 
dismisses Filmer in a first part each page 
of which is modelled upon Locke, but 
adds a second section in which a defence of 
Hooker serves rather clumsily to conceal 
the care with which the Second Treatise 
had also been pillaged. Even Warburton 
ceased for a moment bis habit of belittling 



70 ENGLISH POLITICAL THOUGHT 

all rivals in the field he considered his own 
to call him, in that Divine Legation which 
he considered his masterpiece, "the honor 
of this age and the instructor of the 
future" ; but since Warburton's attack on 
the High Church theory is at every point 
Locke's argument, he may have consid- 
ered this self -eulogy instead of tribute. 
Sir Thomas HoUis, on the eve of English 
Radicalism, published a noble edition of 
his book. And there is perhaps a certain 
humor in the remembrance that it was to 
Locke's economic tracts that Bolingbroke 
went for the arguments with which, in the 
Craftsman^ he attacked the excise scheme 
of Walpole. That is irrefutable evidence 
of the position he had attained. 

Yet the tide was already on the ebb, and 
for cogent reasons. There still remained 
the tribute to be paid by Montesquieu 
when he made Locke's separation of 
powers the keystone of his own more 
splendid arch. The most splendid of all 
sciolists was still to use his book for the 
outline of a social contract more daring 
even than his own. The authors of the 
Declaration of Independence had still, in 
words taken from Locke, to reassert the 



PRINCIPLES OF THE REVOLUTION 71 

state of nature and his rights; and Mr. 
Martin of North Carolina was to find him 
quotable in the debates of the Philadelphia 
Convention. Yet Locke's own weapons 
were being turned against him and what 
was permanent in his work was being cast 
into the new form required by the time. 
A few sentences of Hume were sufficient ^ 
to make the social contract as worthless as 
the Divine Right of kings, and when . 
Blackstone came to simi up the result of 
the Revolution, if he wrote in contractual 
terms it was with a full admission that he 
was making use of fiction so far as he went 
behind the settlement of 1688. Nor is the 
work of Dean Tucker without signifi- 
cance. The failure of England in the 
American war was already evident; and it 
was not without justice that he looked 
to Locke as the author of their principles. 
"The Americans," he wrote, "have made 
the maxims of Locke the ground of the 
present war"; and in his Treatise Con- 
cerning Civil Government and his 
Four Letters he declares himself unable to 
understand on what Locke's reputation 
was based. Meanwhile the English disci- 
ples of Rousseau in the persons of Price 



72 ENGLISH POLITICAL THOUGHT 

and Priestley suggested to him that 
Locke, "the idol of the levellers of Eng- 
land," was the parent also of French de- 
r structiveness. Burke took up the work 
thus begun; and after he had dealt with 
: the contract theory it ceased to influence 
: political speculation in England. Its 
■ place was taken by the utilitarian doctrine 
L^ which Hume had outlined; and once 
Bentham's Fragment had begun to make 
its way, a new epoch opened in the history 
of political ideas. 

Locke might, indeed, claim that he had 
a part in this renaissance; but, once the 
influence of Burke had passed, it was to 
other gods men turned. For Bentham 
made an end of natural rights; and his 
contempt for the past was even more un- 
sparing than Locke's own. It is more 
instructive to compare his work with 
Hobbes and Bousseau than with later 
thinkers; for after Hume English specu- 
lation works in a medium Locke would 
not have understood. Clearly enough, he 
has nothing of the relentless logic which 
made Hobbes' mind the clearest instru- 
ment in the history of English philosophy. 
Nor ha§; he Hobbes' ^eijs^ of style or pun- 



PRINCIPLES OP THE REVOLUTION 73 

gent grasp of the grimness of facts about 
him. Yet he need not fear the comparison 
with the eariier thinker. If Hobbes' 
theory of sovereignty is today one of the 
commonplaces of jurisprudence, ethically 
and politically we occupy ourselves with 
erecting about it a system of limitations 
each one of which is in some sort due to 
Locke's perception. If we reject Locke's 
view of the natural goodness of men, 
Hobbes' sense of their evil character is 
not less remote from our speculations. 
Nor can we accept Hobbes' Erastianism. 
Locke's view of Church and State became, 
indeed, a kind of stepchild to it in the 
stagnant days of the later Georges; but 
Wesleyanism, on the one hand, and the 
Oxford movement on the other, pointed 
the inevitable moral of even an approxi- 
mation to the Hobbesian view. And any- 
one who surveys the history of Church and 
State in America will be tempted to assert 
that in the last hundred years the sepa- 
rateness for which Locke contended is not 
without its justification. Locke's theory 
is a means of preserving the humanity of 
men ; Hobbes makes their reason and con- 
science the subjects of a power he forbids 



74 ENGLISH POLITICAL THOUGHT 

them to judge. Locke saw that vigilance 
is the sister of liberty, where Hobbes dis- 
missed the one as faction and the other as 
disorder. At every point, that is to say, 
where Hobbes and Locke are at variance, 
the future has been on Locke's side. He 
may have defended his cause less splen- 
didly than his rival; but it will at least be 
admitted by most that he had a more 
splendid cause to defend. 

With Rousseau there is no con- 
trast, for the simple reason that his teach- 
ing is only a broadening of the channel 
dug by Locke. No element integral to 
the Two Treatises is absent from the So^ 
cial Contract. Rousseau, indeed, in many 
aspects saw deeper than his predecessor. 
The form into which he threw his ques- 
tions gave them an eternal significance 
Locke can perhaps hardly claim. He 
understood the organic character of the 
State, where Locke was still trammelled 
by the bonds of his narrow individualism. 
It is yet difficult to see that the contribu- 
tion upon which Rousseau's fame has 
mainly rested is at any point a real ad- 
vance upon Locke. The general will, in 
practical instead of semi-mystic terms. 



PRINCIPLES OF THE REVOLUTION 75 

really means the welfare of the community 
as a whole ; and when we enquire how that 
general will is to be known, we come, after 
much shuffling, upon the will of that ma- 
jority in which Locke also put his trust. 
Rousseau's general will, indeed, is at 
bottom no more than an assertion that 
right and truth should prevail; and for 
this also Locke was anxious. But he did 
not think an infallible criterion existed for 
its detection ; and he was satisfied with the 
convenience of a simple numerical test. 
Nor would it be difficult to show that 
Locke's state has more real room for in- 
dividuality than Rousseau's. The latter 
made much show of an impartible and in- 
alienable sovereignty eternally vested in 
the people; but in practice its exercise is 
impossible outside the confines of a city- 
state. Once, that is to say, we deal with 
modem problems our real enquiry is still 
the question of Locke — what limits shall 
we place upon the power of government? 
Rousseau has only emphasized the 
urgency of the debate. 

Wherein, perhaps, the most profound 
distinction between Locke's teaching and 
our own timg may be discovered is in our 



76 ENGLISH POLITICAL THOUGHT 

sense of the impossibility that a final an- 
swer can be found to political questions. 
Each age has new materials at its com- 
mand; and, today, a static philosophy 
would condemn itself before completion. 
We do not build Utopias ; and the attempt 
to discover the eternal principles of polit- 
ical right invites disaster at the outset. 
Yet that does not render useless, even for 
our own day, the kind of work Locke did. 
In the largest sense, his questions are still 
our own. In the largest sense, also, we 
are near enough to his time to profit at 
each step of our own efforts by the hints 
he proffers. The point at which he stood 
in English history bears not a little re- 
semblance to our own. The emphasis, now 
as then, is upon the problem of freedom. 
The problem, now as then, was its trans- 
lation into institutional terms. It is the 
glory of Locke that he brought a generous 
patience and a searching wisdom to the so- 
lution he proffered to his generation. 



CHAPTER III 

CHUBCH AND STATE IN THE 

EIGHTEENTH CENTURY 

^ 

I 

The Revolution of 1688 drew its main 
source of strength from the traditional 
dislike of Rome, and the eager desire to 
place the Church of England beyond the 
reach of James' aggression. Yet it was 
not imtil a generation had passed that the 
lines of ecclesiastical settlement were, in 
any full sense clear. The difficulties in- 
volved were mostly governmental, and it 
can hardly even yet be said that they have 
been solved. The nature of the relation 
between Church and State, the affiliation 
between the Church and Nonconformist 
bodies, the character of its internal gov- 
ernment — all these had still to be defined. 
Nor was this all. The problem of defi- 
nition was made more coniplex by schism 
and disloyalty. An important fraction of 

77 



78 ENGLISH POLITICAL THOUGHT 

the Church could not accept at all the fact 
of William's kingship; and if the larger 
part submitted, it cannot be said to have 
been enthusiastic. 

Nor did the Church make easy the situ- 
ation of the Nonconformists. Toleration 
of some kind was rapidly becoming in- 
evitable; and with a Calvinist upon the 
throne persecution of, at any rate, the 
Presbyterians became finally impossible. 
Yet the definition of what limits were to 
be set to toleration was far from easy. 
The Church seemed like a fortress be- 
leaguered when Nonjurors, Deists, Non- 
conformists, all alike assaulted her foun- 
dations. To loosen her hold upon political 
privilege seemed to be akin to self-destruc- 
tion. And, after all, if Church and State 
were to stand in some connection, the 
former must have some benefit from the 
alliance. Did such partnership imply ex- 
clusion from its privilege for all who could 
not accept the special brand of religious 
doctrine? Locke, at least, denied the as- 
sumption, and argued that since Churches 
are volimtary societies, they cannot and 
ought not to have reciprocal relation with 
the State. But Locke's theory was meat 



CHURCH AND STATE 79 

too strong for the digestion of his time; 
and no statesman would then have argued 
that a government could forego the ad- 
vantage of religious support. And 
William, after all, had come to free the 
church from her oppressor. Freedom im- 
plied protection, and protection in that 
age involved establishment. It was thus ~7 
taken for granted by most members of the ( 
Church of England that her adoption by / 
the State meant her superiority to every \ 
other form of religious organization. Su-_^' 
periority is, by its nature exclusive, the 
more especially when it is united to a cer- 
tainty of truth and a kinship with the 
dominant political interest of the time. 
Long years were thus to pass before the 
real meaning of the Toleration Act se- 
cured translation into more generous 
statutes. 

The problem of the Church's govern- 
ment was hardly less complex. The very 
acerbity with which it was discussed pro- 
claims that we are in an age of settlement. 
Much of the dispute, indeed, is doubtless 
due to the dislike of all High Churchmen 
for William; with their consequent un- 
willingness to admit the full meaning of 



80 ENGLISH POLITICAL THOUGHT 

his ecclesiastical supremacy. Much also 
is due to the fact that the bench of bishops, 
despite great figures like Tillotson and 
Wake, was necessarily chosen for political 
aptitude rather than for religious value. 
Nor did men like Burnet and Hoadly, for 
all their learning, make easy the path for 
brethren of more tender consciences. The 
Church, moreover, must have felt its 
powers the more valuable from the very 
strength of the assault to which she was 
subjected. And the direct interference 
with her governance implied by the Oaths 
of Allegiance and of Abjuration raised 
questions we have not yet solved. It sug- 
gested the subordination of Church to 
State; and men like Hickes and Leslie 
were quick to point out the Erastianism of 
the age. It is a fact inevitable in the situ- 
ation of the English Church that the 
charge of subjection to the State should 
rouse a deep and quick resentment. She 
cannot be a church unless she is a societas 
perfecta; she cannot have within herself 
the elements of perfect fellowship if what 
seem the plain commands of Christ are to 
be at the mercy of the king in Parlia- 
ment. That is the difficulty which lies at 



CHURCH AND STATE 81 

the bottom of the debate with Wake in one 
age and with Hoadly in the next. In 
some sort, it is the problem of sovereignty 
that is here at issue ; and it is in this sense 
that the problems of the Revolution are 
linked with the Oxford Movement. But 
Newman and his followers are the uncon- 
scious sponsors of a debate which grows in 
volume; and to discuss the thoughts of 
Wake and Hoadly and Law is thus, in a 
vital aspect, the study of contemporary 
ideas. 

We are not here concerned with the 
wisdom of those of William's advisers who 
exacted an oath of allegiance from the 
clergy. It raised in acute form the val- 
idity of a doctrine which had, for more 
than a century, been the main foundation 
of the alliance between throne and altar in 
England. The demand precipitated a 
schism which lingered on, though fitfully, 
imtil the threshold of the nineteenth cen- 
tury. The men who could not take the 
oath were, many of them, among the most 
distinguished churchmen of the time. 
Great ecclesiastics like Sancroft, the 
archbishop of Canterbury and one of the 
seven who had gained immortality by his 



82 ENGLISH POLITICAL THOUGHT 

resistance to James, saints like Ken, the 
bishop of Bath and Wells, scholars like 
George Hickes and Henry Dodwell, men 
like Charles Leslie, born with a genius for 
recrimination; much, it is clear, of what 
was best in the Church of England was to 
be found amongst them. There is not a 
little of beauty, and much of pathos in 
their history. Most, after their depriva- 
tion, were condemned to poverty; few of 
them recanted. The lives of men like San- 
croft and Ken and the younger Ambrose 
Bonwicke are part of the great Anglican 
tradition of earnest simplicity which Jater 
John Keble was to illustrate for the nine- 
teenth century. The Nonjurors, as they 
were called, were not free from bitterness ; 
and the historv of their effort, after the 
consecration of Hilkiah Bedford and 
Ralph Taylor, to perpetuate the schism 
is a lamentable one. Not, indeed, that 
the history even of their decline is without 
its interest; and the study, alike of their 
liturgy and their attempt at reunion with 
the Eastern Church, must always possess 
a singular interest for students of ecclesi- 
astical history. 

Yet the real interest of the Nonjuring 



CHURCH AND STATE 83 

schism was political rather than religious ; 
and its roots go out to vital events of the 
past. At the bottom it is the obverse side 
of the Divine Right of kings that they 
represent. That theory, which was the 
main weapon of the early secular state 
against the pretensions of Rome, must 
naturally have commanded the allegiance 
of members of a church which James I, 
its main exponent, had declared of vital 
import to his very existence. Its main 
opponents, moreover, were Catholics and 
Dissenters; so that men like Andrewes 
must have felt that when they answered 
Bellarmine they were in substance also de- 
fenders of their Church. After the great 
controversy of James I's reign resistance 
as a duty had come to be regarded as a 
main element in Jesuit and Noncon- 
formist teaching; with the result that its 
antithesis became, as a consequence of the 
political situation, no less integral a part 
of Church of England doctrine. For it 
was upon the monarchy that the Church 
had come to depend for its existence ; and 
if resistance to the king were made, as 
Knox and Bellarmine had in substance 
made it, the main weapon of the dissent- 



\ 



84 ENGLISH POLITICAL THOUGHT 

ing churches there was little hope that it 
would continue to exist once the monarchy 
was overthrown. And it is this, unques- 
tionably, which explains why stout ec- 
clesiastics like Barrow and Jackson can 
write in what seems so Erastian a temper. 
When they urge the sovereignty of the 
State, their thesis is in truth the sov- 
ereignty of the Church; and that means 
the triumph of men who looked with con- 
temptuous hatred upon Nonconformists 
of every sect. The Church of England 
taught non-resistance as the condition of 
its own survival. 

How deep-rooted this doctrine had be- 
come in the course of the seventeenth cen- 
tury the writings of men like Mainwaring 
and Sanderson sufficiently show; yet 
nothing so completely demonstrates its 
widespread acceptance as the result of 
the Revolution. Four hundred clergy 
abandoned their preferment because 
James ruled by Divine Right; and they 
could not in conscience resist even his in- 
iquities. An able tract of 1689^ had col- 
lected much material to show how in- 

1 The History of Passive Obedience, Its author was 
Jeremy Collier. 



CHURCH AND STATE 85 

tegral the doctrine was to the beliefs of the 
Church. Had William's government, in- 
deed, refrained from the imposition of 
the oath, it is possible that there might 
have been no schism at all; for the early 
Nonjurors at least — perhaps Hickes and 
Turner are exceptions — would probably 
have welcomed anything which enabled 
the avoidance of schism. Once, however, 
the oath was imposed three vital questions 
were raised. Deprivation obviously in- 
volved the problem of the power of the 
State over the Church. If the act of a con- 
vention whose own legality was at best 
doubtful could deprive the consecrated of 
their position, was the Church a Church at 
all, or was it the mere creature of the 
secular power? And what, moreover, of 
conscience? It could not be an inherent 
part of the Church's belief that men 
should betray their faith for the sake of 
peace. Later thinkers added the purely 
secular argument that resistance in one 
case made for resistance in all. Admit, 
it was argued by Leslie, the right to dis- 
obey, and the fabric of society is at a 
stroke dissolved. The attitude is charac- 
teristic of that q^ble controversialist; anc} 



86 ENGLISH POLITICAL THOUGHT. 

it shows how hardly the earlier notions of 
Divine Right were to die. 

These theories merit a further exami- 
nation. Williams, later the Bishop of 
Chichester, had argued that separation on 
the basis of the oath was unreasonable. 
"All that the civil power here pretends 
to," he wrote "is to secure itself against 
the practices of dissatisfied persons." The 
Nonjurors, in this view, were making an 
ecclesiastical matter of a purely secular 
issue. He was answered, among others, 
by Samuel Grascom, in an argument 
which found high favor among the stricter 
of his sect. "The matter and substance of 
these Oaths," he said, "is put into the 
prayers of the Church, and so far it be- 
comes a matter of communion. What 
people are enjoined in the solemn worship 
to pray for, is made a matter of com- 
munion ; and if it be simple, will not only 
justify, but require a separation." Here 
is the pith of the matter. For if the form 
and substance of Church affairs is thus to 
be left to governmental will, then those 
who obey have left the Chiu'ch and it is 
the faithful remnant only who constitute 
the true fellowship. The schism, in this 



CHURCH AND STATE 87 

view, was the fault of those who remained 
subject to William's dominion. The Non- 
jurors had not changed; and they were 
preserving the Church in its integrity 
from men who strove to betray it to the 
civil power. 

This matter of integrity is important. 
The glamour of Macaulay has somewhat 
softened the situation of those who took 
the oaths; and in his pages the Nonjurors 
appear as stupid men unworthily defend- 
ing a dead cause. It is worth while to note 
that this is the merest travesty. Tillot- 
son, who succeeded Bancroft on the latter 's 
deprivation, and Burnet himself had 
urged passive resistance upon Lord 
William Russell as essential to salvation; 
Tenison had done likewise at the execu- 
tion of Monmouth. Stillingfleet, Patrick, 
White Kennett, had all written in its 
favor; and to William Sherlock belongs 
the privilege of having defended and at- 
tacked it in two pamphlets each of which 
challenges the pithy brilliance of the other. 
Clearly, so far as consistency is in ques- 
tion, the Nonjurors might with justice 
contend that they had right on their side. 
And even if it is said that the policy of 



88 ENGLISH POLITICAL THOUGHT 

James introduced a new situation the an- 
swer surely is that Divine Right and non- 
resistance can, by their very nature, make 
no allowance for novelty. 

The root, then, of this ecclesiastical con- 
tention is the argument later advanced by 
Leslie in his "Case of the Regale and the 
Pontificate" in which he summarized the 
Convocation dispute. The State, he 
argues, has no power over bishops whose 
relationship to their flock is purely spirit- 
ual and derived from Christ. The 
Church is independent of all civil institu- 
tion, and must have therefore within her- 
self the powers necessary to her life as a 
society. Leslie repudiates Erastianism 
in the strongest terms. Not only is it, for 
him, an encroachment upon the rights of 
Christ, but it leads to deism in the gentry 
and to dissent among the common people. 
The Church of England comes to be re- 
garded as no more than the creature of 
Parliamentary enactment; and thus to 
leave it as the creature of human votes, is 
to destroy its divinity. 

It is easy enough to see that men who 
felt in this fashion could hardly have de- 
cided otherwise than as they did. The 



CHURCH AND STATE 89 

matter of conscience, indeed, was funda- 
mental to their position. "I think," said 
the Bishop of Worcester on his death-bed, 
"I could suffer at a stake rather than 
take this oath." That, indeed, represents 
the general temper. Many of them did 
not doubt that James had done grievous 
wrong ; but they had taken the oath of al- 
legiance to him, and they saw in their con- 
science no means of escape from their 
vow. "Their Majesties," writes the 
author of the account of Bishop Lake's 
death, "are the two persons in the world 
whose reign over them, their interest and 
inclination oblige them most to desire, and 
nothing but conscience could restrain them 
from being as forward as any in all ex- 
pressions of loyalty." In such an aspect, 
even those who believe their attitude to 
have been wrong, can hardly doubt that 
they acted rightly in their expression of 
it. For, after all, experience has shown 
that the State is built upon the consciences 
of men. And the protest they made 
stands out in the next generation in vivid 
contrast to a worldly-minded and politi- 
cally-corrupt Church which only internal 
revolution could awaken from its slum- 
bers. 



90 ENGLISH POLITICAL THOUGHT 

No one represents so admirably as 
Charles Leslie the political argument of 
the case. At bottom it is an argument 
against anarchy that he constructs, and 
much of what he said is medieval enough 
in tone to suggest de Maistre's great de- 
fence of papalism as the secret of world- 
order. He stands four square upon 
divine right and passive obedience. 
*'What man is he who can by his own nat- 
ural authority bend the conscience of an- 
other? That would be far more than the 
power of life, liberty or prosperity. 
Therefore they saw the necessity of a 
divine original." Such a foundation, he 
argued elsewhere, is necessary to order, 
for "if the last resort be in the people, 
there is no end of controversy at all, but 
endless and unremediable confusion." 
Nor had he sympathy for the ^Vhig at- 
tack on monarchy. "The reasons against 
Kings," he wrote, "are as strong against 
all powers, for men of any titles are sub- 
ject to err, and numbers more than 
fewer." And nothing can unloose the 
chain. "Obedience," he said in the Best 
of All, "is due to commonwealths by their 
subjects even for conscience' sake, where 



CHURCH AND STATE 91 

the princes from whom they have revolted 
have given up their claim." 

The argument has a wider history thaii 
its controversial statement might seem to 
warrant. At bottom, clearly enough, it 
is an attack upon the new tradition which 
Locke had brought into being. What 
seems to impress it most is the impossi- 
bility of founding society upon other than 
a divine origin. Anything less will not 
command the assent of men sufficiently to 
be immune from their evil passions. Let 
their minds but once turn to resistance, and 
the bonds of social order will be broken. 
Complete submission is the only safeguard 
against anarchy. So, a century later, de 
Maistre could argue that unless the whole 
world became the subject of Rome, the 
complete dissolution of Christian society 
must follow. So, too, fifty years before, 
HobbeiS had argued for an absolute do- 
minion lest the ambitions and desires of 
men break through the fragile boundaries 
of the social estate. 

The answer is clear enough; and, in- 
deed, the case against the Nonjurors is 
nowhere so strong as on its political side. 
Men cannot be confined within the limits 



92 ENGLISH POLITICAL THOUGHT 

of so narrow a logic. They will not, with 
Bishop Ken, rejoice in suffering as a doc- 
trine of the Cross. Rather will oppression 
in its turn arouse a sense of wrong and 
that be parent of a conscience which pro- 
vokes to action. Here was the root of 
Locke's doctrine of consent ; for unless the 
government, as Hume was later to point 
out, has on its side the opinion of men, it 
cannot hope to endure. The fall of James 
was caused, not as the Nonjurors were 
tempted to think, by popular disregard of 
Divine personality, but by his own mis- 
understanding of the limits to which mis- 
government may go. Here their op- 
ponents had a strong case to present; for, 
as Stillingfleet remarked, if William had 
not come over there might have been no 
Church of England for the Nonjurors to 
preserve. And other ingenious compro- 
mises were suggested. Non-resistance, it 
was argued by Sherlock, applied to gov- 
ernment in general; and the oath, as a 
passage in the Convocation Book of Over- 
all seemed to suggest, might be taken not 
less to a de facto monarch than to one de 
jure. Few, indeed would have taken the 
ground of Bishop Burnet, and allotted the 



CHURCH AND STATE 93 

throne to William and Mary as con- 
querors of the Kingdom; at least the 
pamphlet in which this uncomfortable 
doctrine was put forward the House of 
Commons had burned by the common 
hangman. 

What really defeated the Nonjurors' 
claims was commonsense. Much the 
ablest attack upon their position was Still- 
ingfleet's defence of the policy employed 
in filling up the sees vacated by depriva- 
tion; and it is remarkable that the theory 
he employs is to insist that unless the law- 
fulness of what had been done is admitted, 
the Nonjuror's position is inevitable. "If 
it be unlawful to succeed a deprived 
bishop," he wrote/ "then he is the bishop 
of the diocese still : and then the law that 
deprives him is no law, and consequently 
the king and Parliament that made that 
law no king and Parliament : and how can 
this be reconciled with the Oath of Al- 
legiance, unless the Doctor can swear al- 
legiance to him who is no King and hath 
no authority to govern." All this the 
Nonjurors would have admitted, and the 

1 A Vindication of their Majesties' Authority to fill 
the Sees of the Deprived Bishops (1691). 



94 ENGLISH POLITICAL THOUGHT 

mere fact that it could be used as argu- 
ment against them is proof that they were 
out of touch with the national temper. 
What they wanted was a legal revolution 
which is in the nature of things impossible. 
We may regret that the oath was deemed 
essential, and feel that it might not have 
been so stoutly pressed. But the leaders 
of a revolution "tread a path of fire" ; and 
the fault lay less at the door of the civil 
government than in the fact that this was 
an age when men acted on their prin- 
ciples. William and his advisers, with the 
condition of Ireland and Scotland a cause 
for agitation, with France hostile, with 
treason and plot not absent from the epis- 
copate itself, had no easy task; what, in 
the temper of the time, gives most cause 
for consideration, is the moderate spirit 
in which they accomplished it. 



Ill 

The Nonjuring schism was by no means 
the only difficulty which the Church of 
England had to confront in these troubled 
years. The definition of her relationship 
with State and nation, if at the moment it 



CHURCH AND STATE 95 

aroused less bitterness, was in the long 
run more intricate in its nature. That 
some sort of toleration was inevitable few, 
save a group of prejudiced irreconcilables, 
would have denied. But greater things 
were in the air, and there were still many 
who dreamed of a grand scheme of Com- 
prehension, by which all save the more 
extreme Dissenters would have been ad- 
mitted to the Church. It is this which 
explains the acrimonious debates of the 
next two years. The hatred of the Church 
for dissent can only be understood by 
those who study with care the insults 
heaped upon her by the sectaries during 
the Civil Wars. That men who had 
striven for her dissolution should be ad- 
mitted to her privileges seemed to Church- 
men as tragic as ironical. Nor must we 
miss the political aspect of the matter. 
William had received an eager, if natural, 
support from Nonconformists; and since 
the vast majority of them was Whig in 
temper, the greater the degree of tolera- 
tion, the greater likelihood there was of 
an attack upon the Church. Exclusion 
thus became a fundamental article of the 
Tory creed; and it was the more valued 



96 ENGLISH POLITICAL THOUGHT 

because it enabled them to strike at their 
opponents through an institution which at 
the trial of Sacheverell, in 1710, still 
showed an overwhelming hold upon the 
mass of the people. 

The attitude of mind herein implied is 
in large part the reaction from the Eras- 
tian temper of the government. Under 
William, that temper is intelligible 
enough; for unless he held the Church in 
strict control, he must have felt that he 
was giving a large handle to his enemies. 
Under Anne, the essence of the situation 
remained unchanged, even though her 
eager sympathy with the Church was be- 
yond all question. William had relieved 
Nonconformists from the burden of penal 
statute; the Occasional Conformity Act 
of 1713 broadly continued the exclusion 
of all save the more yielding of them from 
political office. When the Hanoverians 
succeeded they were willing to repeal its 
more rigid intolerance; but the Test Act 
remained as evidence that the Dissenters 
were not yet regarded as in a full sense 
part of the national life. 

The reasons for the hatred of dissent go 
back in part to the Civil War and in part 



CHURCH AND STATE 97 

also to the feeling of common gromid be- 
tween the dissenting interest and Rome 
which was. born of the struggle under 
Elizabeth and James. The pamphlets are 
innumerable; and most of them deserve 
the complete obliquity into which they 
have fallen. We are told, in the eighteenth 
as in the seventeenth century, that the 
Presbyterian theory of government is in- 
consistent with the existence of the civil 
power. "They claim," said Leslie, "power 
to abrogate the laws of the land touching 
ecclesiastical matters, if they judge them 
hurtful or unprofitable. . . . They re- 
quire the civil magistrate to be subject to 
their power." Of Knox or Cartwright 
this is no unfair account ; but of the later 
Presbyterians it is the merest travesty. 
It supposes that they would be willing to 
push to the utmost limit the implications 
of the theory of the two kingdoms — a 
supposition which their passive submission 
to the Act of 1712 restoring lay patronage 
decisively refutes. Bramhall had no doubt 
that their discipline was "the very quin- 
tessence of refined popery," and the argu- 
ment is repeated by a hundred less learned 
pamphleteers. Neither the grim irony of 



98 ENGLISH POLITICAL THOUGHT 

Defoe nor the proven facts of the case 
could wean either the majority of Church- 
men or the masses of the people from the 
belief that the Revolution endangered the 
very existence of the Church and that 
concession would be fatal. So stoutly did 
the Church resist it that the accession of 
George I alone, in Lecky's view, pre- 
vented the repeal of the Toleration Act 
and the destruction of the political benefits 
of the Revolution. 

But nowhere was the temper of the time 
more clearly displayed than in the dis- 
putes over Convocation. To William's 
advisers, perhaps', more than to the 
Church itself their precipitation is due; 
for had they not, at the outset of the 
reign, suggested large changes in the lit- 
urgy suspicions then aroused might well 
have slumbered. As it was, the question 
of the royal supremacy immediately came 
into view and the clergy spared no effort 
to meet the issue so raised. And this 
they felt the more bitterly because the 
upper house of Convocation, two-thirds 
of which were William's nominees, nat- 
urally inclined to his side. Both under 
William and Anne the dispute continued. 



CHURCH AND STATE 99 

and the lower clergy shrank from no op- 
portunity of conflict. They fought the 
king, the archbishop, the upper house. 
They attacked the writings of Toland and 
Burnet, the latter's book since recognized 
as one of the great treasures of Anglican 
literature. In the main, of course, the 
struggle was part of the perennial con- 
flict between High Church doctrine and 
latitudinarianism. But that was only a 
fragment of the issue. What really was 
in question was the nature of the State's 
power over the Church. That could be 
left unanswered so long, as with James I 
and Charles, the two powers had but a 
single thought. The situation changed 
only when State and Church had different 
policies to fulfil and different means for 
their attainment. 

The controversy had begun on the 
threshold of William's accession; but its 
real commencement dates from 1697. In 
that year was published the Letter to a 
Convocation Man, probably written by 
Sir Bartholomew Shower, an able if un- 
scrupulous Jacobite lawyer, which mali- 
ciously, though with abounding skill, 
raised every question that peaceful 



100 ENGLISH POLITICAL THOUGHT 

churchmen must have been anxious to 
avoid. The Letter pointed out the growth 
of infidelity and the increasing suspicion 
that the Church was becoming tainted 
with Socinian doctrine. Only the as- 
sembly of Convocation could arrest these 
evils. The author did not deny that the 
king's assent was necessary to its 
summons. But he argued that once the 
Convocation had met, it could, like Parlia- 
ment, debate all questions relevant to its 
purpose. "The one of these courts," said 
Shower, "is of the same power and use 
with regard to the Church as the other is 
in respect to the State," and he insisted 
that the writ of summons could not at any 
point confine debate. And since the Con- 
vocation was an ecclesiastical Parliament, 
it followed that it could legislate and thus 
make any canons "provided they do not 
impugn common law, statutes, customs or 
prerogative." "To confer, debate and 
resolve," said Shower, "without the king's 
license, is at common law the undoubted 
right of convocation." 

Here was a clear challenge which was 
at once answered, m The Authority of 
Christian Princes, by William Wake, who 



CHURCH AND STATE 101 

was by far the most learned of the lati- 
tudinarian clergy, and the successor of 
Tenison in the see of Canterbury. His 
argument was purely historical. He en- 
deavored to show that the right to summon 
ecclesiastical synods was always the pre- 
rogative of the early Christian princes 
until the aggression of the popes had won 
church independence. The Reformation 
resumed the primitive practice; and the 
Act of Submission of 1532 had made it- 
legally impossible for the clergy to dis- 
cuss ecclesiastical matters without* royal 
permission. Historically, the argument 
of Wake was irrefutable ; but what mostly 
impressed the Church was the uncompro- 
mising Erastia nism of his tone. Princes, 
he said, "maylnake what laws or consti- 
tutions they think fit for the Church. . . . 
a canon is but as matter prepared for the 
royal stamp." In this view, obviously, 
the Church is more than a department of 
the State. But Wake went even farther, 
"I cannot see why the Supreme Magis- 
trate," he wrote, "who confessedly has a 
power to confirm or reject their (Convo- 
cation's) decrees, may not also make such 
other use of them as be pleases, and cor- 




\> 



102 ENGLISH POLITICAL THOUGtiT 

rect, improve, or otherwise alter their res- 
ohitions, according to his own liking, 
before he gives his authority to them." 

So defined no Church could claim in 
any true sense the headship of Christ ; for 
it was clearly left at the mercy of the gov- 
ernmental view of expedient conduct. 
Wake's answer aroused a sensation almost 
as acute as the original Letter of Shower. 
But by far the ablest criticism it provoked 
was that of Francis Atterbury, then a 
i young student of Christ Church and on 
the threshold of his turbulent career. His 
Bights, Powers and Privileges of an 
English Convocation Stated and Vindi- 
cated not only showed a masterly historic 
sense in its effort to traverse the iman- 
swerable induction of Wake, but chal- 
lenged his position more securely on the 
ground of right. The historical argu- 
ment, indeed, was not a safe position for 
the Church, and Wake's rejoinder in his 
State of the Church (1703) is generally 
conceded to have proved his point, so far 
as the claim of prescription is concerned. 
But when Atterbury moves to the deeper 
problem of what is involved in the natiu'e 
of a church, he has a powerful plea to 



CHURCH AND STATE 103 

make. It is unnecessary now to deal with 
his contention that Wake's defence of the 
Royal Supremacy imdermines the rights 
of Parliament; for Wake could clearly 
reply that the seat of that power had 
changed with the advent of the Revolu- 
tion. Where the avoidance of sympathy 
is difficult is in his insistence that nol 
Church can live without an assembly to^ 
debate its problems, and that no assembly 
can be real which is subject to external 
control. "Their body," as he remarks, 
"will be useless to the State and by con- 
sequence contemptible"; for its opinions 
will not be born of that free deliberation 
which can alone ensure respect. Like all 
High Churchmen, Atterbury has a clear 
sense that Church and State can no longer 
be equated, and he is anxious to preserve 
the personality of the Church from the in- 
vasions of an alien body. To be real, it 
must be independent, and to be indepen- 
dent, it must have organs of self-expres- 
sion. But neither William nor Anne 
could afford to forego the political capital 
involved in ecclesiastical control and Eras- 
tian principles proceeded to their triumph. 
Here, as elsewhere^ it was Charles ; 



104 ENGLISH POLITICAL THOUGHT 

r L eslie w ho best summed up the feeling of 
; High Churchmen. His Case of the Re- 
gale (1701) is by far the ablest of his 
many able performances. He saw at the 
outset that the real issue was delfined by 
the Church's claim to be a divine society, 
with rights thus consecrated by the con- 
\ X ditions of its origin. If it was divine, in- 
\1 vasion did not touch its de jure rights. 
"How," he asked, "can rights that are 
divine be given up? If they are divine, 
no human authority can either supersede 
or limit them. . . . How can rights that 
are inherent be given up? If they are 
inherent, they are inseparable. The right 
to meet, to consult, to make rules or 
canons for the regulation of the society, is 
essential to every society as such . . . 
can she then part with what is essential to 
her?" Nor could it be denied that "where 
the choice of the governors of one society 
is in the hands of another society, that 
society must be dependent and subject to 
the other." The Church, in the Latitudi- 
narian view was thus either the creature of 
the state or an imperium in imperio; but 
Leslie would not' admit that fruitful 
stumbling block to the debate. "The 



CHURCH aKB state i06 

sacred and civil powers were like two 
parallel lines which could never meet or 
interfere . . . the confusion arises . . . 
when the civil power will take upon them 
to control or give laws to the Church, in 
the exercise of her spiritual authority." 
He did not doubt that the Church should 
give securities for its loyalty to the king, 
and renounce any effort at the coercion of 
the civil magistrate. But the Church was 
entitled to a similar privilege, and kings 
should not "have their beneficence and 
protection to the Church of Christ under- 
stood as a bribe to her, to betray and de- 
liver up into their hands the powers com- 
mitted into her charge by Christ." Nor 
did he fail to point out the suicidal nature 
of Erastianism. For the church's hold 
upon men is dependent upon their faith in 
the independence of her principles. 
"When they see bishops," he wrote wisely, 
"made by the Court, they are apt to im- 
agine that they speak to them the court 
language; and lay no further stress upon 
it than the charge of a judge at an assizes, 
who has received his instructions before- 
hand from the Court; and by this means 
the state has lost the greatest security of 
her government." 



^ 



\ 



106 ENGLISH POLITICAL THOUGHT 

The argument is powerful enough; 
though it should be noted that some of its 
implications remain undetermined. Les- 
lie does not say how the spheres of Church 
and State are to be differentiated. He 
does not explain the methods whereby an 
establishment is to be made compatible 
with freedom. For it is obvious that the 
partnership of Church and State must be 
upon conditions; and once the State had 
permitted the existence of creeds other 
than that of its official adoption, it could 
not maintain the exclusive power for 
which the Church contended. And when 
the Church not only complained of State- 
betrayal, but attempted the use of polit- 
ical means to enforce remedial measures 
it was inevitable that statesmen would 
use the weapons ready to their hand to 
coerce it to their will. The real remedy 
for the High Churchmen was not exclu- 
siveness but disestablishment. 

That this is the meaning of the struggle 
did not appear until the reign of George 
I. What is known as the Bangorian con- 
troversy was due to the posthumous pub- 
lication, in 1716, of the papers of George 
Hickes, the most celebrated of the Non- 



CHURCH AND STATE 107 

jurors in his generation. The papers are 
of no special import; but taken in con- 
nection with the Jacobite rising of 1715 
they seemed to imply a new attack upon 
the Revolution settlement. So, at least, 
they were interpreted by Benjamin 
^HoadlSa^then Bishop of Bangor, and a '^ 
stout upholder of thef X^jttitudin arian 
school. The conflict today has turned to '" 
dust and ashes; and few who read the 
multitude of pamphlets it evoked, or stand 
amazed at their personal bitterness, can 
imderstand why more than a hundred 
writers should have thought it necessary 
to inform the world of their opinions, or 
why the London Stock Exchange should 
have felt so passionate an interest in the 
debate as to cease for a day the hubbub 
of its transactions. Nor can any one 
make heroes from the personalities of its 
protagonists. Hoadly himself was a 
typical bishop of the political school, who 
rose from humble circumstances to the 
wealthy bishopric of Winchester through 
a remarkable series of translations. Be- 
fore the debate of 1716, he was chiefly 
known by two political tracts in which lie 
had rewritten, in less cogent form, and 



108 ENGLISH POLITICAL THOUGHT 

without adequate acknowledgment, the 
two treatises of Locke. He clearly 
realized how worthless the dogma of Di- 
vine Right had become, without being 
certain of the principles by which it was 
to be replaced. Probably, as Leslie 
Stephen has pointed out, his theorizing is 
the result of a cloudy sense of the bearing 
of the Deist controversy. If God is to be 
banished from direct connection with 
earthly affairs, we must seek a human ex- 
planation of political facts. And he be- 
came convinced that this attitude applies 
not less completely to ecclesiastical than 
. r to secular politics. Of his opponents, by 
I far the ablest was William , Law, the only 
"theologian whom Gibbon maynbe said to 
have respected, and the parent, through 
his mystical writings, of the Wesleyan 
movement. Snape, then Provost of Eton, 
was always incisive; and his pamphlet 
went through seventeen editions in a single 
year and provoked seven replies within 
three months. Thomas Sherlock would 
not be either himself or his father's son, 
were he not caustic, logical and direct. 
But Hoadly and Law between them ex- 
haust the controversy, so far as it has 



L.- 



/ 



CHURCH AND STATE 109 

meaning for our own day. The less essen- 
tial questions like Hoadly's choice of 
friends, his attitude to prayer, the ac- 
curacy of the details in his account of the 
Test Act, the cause of his refusal to an- 
swer Law directly, are hardly now ger- 
mane to the substance of the debate. 
Hoadly's position is most fully stated in >^ 
his Preservative against the Principles 
and Practice of Nonjurors which he pub- 
lished in 1716 as a counterblast to the 
papers of Hickes; and they are briefly 
summarized in the sermon preached be- 
fore the King on March 31, 1717, on the 
text "My Kingdom is not of this world," 
and published by royal command. Amid 
a vast wilderness of quibbles and qualifi- 
cations, some simple points emerge. 
What he was doing was to deprive the 
priesthood of claims to supernatural au- 
thority that he might vindicate for civil 
government the right to preserve itself not 
less against persons in ecclesiastical office 
than against civil assailants. To do so he 
is forced to deny that the miraculous ^ 
powers of Christ and the Apostles de- 
scended to their successors. For if that 
assumption is made we grant to fallible 



110 ENGLISH POLITICAL THOUGHT 

men privileges which confessedly belong 
to persons outside the category of falli- 
bility. And, exactly in the fashion of 
Leslie in the Regale he goes on to show 
that if a Church is a supernatural institu- 
tion, it cannot surrender one jot or tittle of 
its prerogative. It is, in fact, an imperium 
in imperio and its conflict with the state is 
inevitable. But if the Church is not a su- 
pernatural institution, what is its nature? 
Hoadly here attacks the doctrine which 
lies at the basis of all ecclesiastical debate. 
The Church, he claims, is not a visible so- 
ciety, presided over by men who have au- 
thority directly transmitted by Christ. 
There are not within it "viceregents who 
can be said properly to supply his place; 
no interpreters upon whom his subjects 
are absolutely to depend; no judges over 
the conscience or religion of his people. 
For if this were so that any such absolute 
viceregent authority, either for the mak- 
ing of new laws, or interpreting old ones, 
or judging his subjects, in religious 
matters, were lodged in any men upon 
earth, the consequence would be that what 
still retains the name of the Church of 
Christ would not be the kingdom of 



t ■: 



CHURCH AND STATE 111 



Christ, but the kingdom of those men in- 
vested with such authority. For whoever 
hath such an authority of making laws is 
so far a king, and whoever can add new 
laws to those of Christ, equally obligatory, 
is as truly a king as Christ himself. Nay, 
whosoever hath an absolute authority to 
interpret any written or spoken laws, it is 
he who is truly the lawgiver to all intents 
and purposes, and not the person who 
first wrote and spoke them." 

The meaning is clear enough. What 
Hoadly is attacking is the theory of a 
visible Church of Christ on earth, with 
the immense superstructure of miracle and 
infallibility erected thereon. The true 
Church of Christ is in heaven; and the 
members of the earthly society can but 
try in a human, blundering way, to act 
with decency and justice. Apostolic suc- 
cession, the power of excommunication, 
the dealing out of forgiveness for men's 
sins, the determination of true doctrine, 
insofar as the Church claims these powers, 
it is usurping an authority that is not its 
own. The relation of man to God is his 
private affair, and God will ask from him 
sincerity and honesty, rather than judge 



112 ENGLISH POLITICAL THOUGHT 

I 

him for his possession of some special set 
of dogmas. Clearly, therefore, if the 
Church is no more than this, it has no su- 
pernatural pretensions to oppose to the 
human claims of the State. And since the 
State must have within itself aU the means 
of sufficient life, it has the right to resist 
the ecclesiastical onslaught as based upon 
the usurpation of power assimied without 
right. And in later treatises Hoadly did 
for ceremonial exactly what he had done 
for church government. The eucharist 
became a piece of symbolism and excom- 
munication nothing more than an an- 
nouncement — "a mere external thing" 
— that the rules of the fellowship have 
been broken. It at no point is related to 
the sinner's opportunity of salvation. 

In such an aspect, it would clearly fol- 
low that the Church has no monopoly of 
truth. It can, indeed, judge its own be- 
liefs; but reason alone can demonstrate 
the inadequacy of other attitudes. Nor 
does its judgment preclude the individual 
duty to examine into the truth of things. 
The real root of faith is not the possession 
of an infallible dogma, but the arriving 
honestly at the do^na in which you 



CHURCH AND STATE 113 

happen to believe. For the magistrate, 
he urges, what is important is not the table 
of your springs of action, but the conduct 
itself which is based upon that table ; from 
which it follows that things like the Test 
and Corporation Acts have no real polit- 
ical validity. They have been imposed 
upon the State by the narrow interpre- 
tations of an usurping power; and the 
Nonconformist claim to citizenship would 
thus seem as valid as that of a member of 
the Church of England. 

All this sounds sensible enough ; though 
it is curious doctrine in the mouth of a 
bishop of that church. And this, in fact, 
is the starting-point of Law's analysis of 
Hoadly. No one who reads the unsparing 
vigor of his criticism can doubt that Law 
must have been thoroughly happy in the 
composition of his defence; and, indeed, 
his is the only contribution to the debate 
which may claim a permanent place in po- 
litical literature. In one sense, indeed, the 
whole of Law's answer is an ignoratio 
elenchi, for he assimies the truth of that 
which Hoadly sets out to examine, with 
the inevitable result that each writer is, for 
the most part, arguing from different 



V 



114 ENGLISH POLITICAL THOUGHT 

premises. But on the assumption that 
Hoadly is a Christian, Law's argument 
is an attack of great power. He shows 
conclusively that if the Church of Eng- 
land is no more than Hoadly imagines it 
to be, it cannot, in any proper historic 
sense, be called the Church of England 
at all. For every one of the institutions 
which Hoadly calls an usurpation, is be- 
lieved by Churchmen to be integral to its 
nature. And if sincerity alone is to coimt 
as the test, then there cannot, for the ex- 
isting world, be any such thing as ob- 
jective religious truth. It subverted not 
merely absolute authority — which the 
Church of England did not claim — but 
any authority in the Church. It impugned 
the authority of the Crown to enforce re- 
ligious belief by civil penalties. Hoadly's 
rejection of authority, moreover, is in 
Law's view fatal to government of any 
kind. For all lawful authority must affect 
eternal salvation insofar as to disobey it 
is to sin. The authority the Church pos- 
sesses is inherent in the very nature of the 
Church; for the obligation to a belief in 
Christianity is the same thing as to a be- 
lief in that Church which can be shown to 
represent Christ's teaching. 



CHURCH AND STATE 115 

From Law's own point of view, the 
logic of his position is undeniable; and in 
his third letter to Hoadly, the real heart 
of his attack, he touches the centre of the 
latter's argument. For if it is sincerity 
which is alone important it would follow 
that things false and wrong are as accept- 
able to God as things true and right, which 
is patently absurd. Nor has Hoadly 
given us means for the detection of sin- 
cerity. He seemed to think that anyone 
was sincere who so thought himself; but, 
says Law, "it is also possible and as likely 
for a man to be mistaken in those things 
which constitute true sincerity as in those 
things which constitute true religion." 
Clearly, sincerity cannot be the pith of 
the matter; for it may be mistaken and 
directed to wrong ends. The State, in 
fact, may respect conscience, but Hoadly 
is no more entitled to assume the infalli- 
bility of private belief than he is to deny 
the infallibility of the Church's teaching. 
That way lies anarchy. 

Here, indeed, the antagonists were on 
common ground. Both had denied the 
absolute character of any authority; but 
while Hoadly virtually postulates a 



116 ENGLISH POLITICAL THOUGHT 

Church which logically is no more than 
those who accept the moral law as Christ 
described it, Law restricts the Church to 
that society which bears the traditional 
, marks of the historic institution. On 
i Hoadly's principles, there was no reason 
why anyone not hostile to the civil power 
should not enjoy political privilege; on 
Law's there was every reason simply be- 
cause those who denied the doctrines of 
the High Church refused a truth open 
for their acceptance. Law, indeed, goes 
so far as to argue that in the light of his 
principles Hoadly should be a Deist ; and 
there is ground for what, in that age, was 
a valuable point to make. The sum total 
of it all is that for the bishop the outward 
actions of men alone concern the State; 
while Law insists that the root of action 
and the test of fitness is whether men have 
seen a certain aspect of the truth and 
grasped it. 

The result, to say the least, was calami- 

\ tous. In May of 1717, convocation met 

and the Lower House immediately 

adopted an unanimous report condemning 

the "Preservative" and the sermon. But 

Y Hoadly had the government behind him 






CHURCH AND STATE 117 

and the convocation was prorogued before 
further action could be taken. Snape, 
Hare, Mosse and Sherlock, all of whom 
were chaplains royal, and had been drawn 
into the conflict, were dismissed from 
their oflice; and for more than one hun- 
dred and thirty-five years convocation was 
not again summoned. It was a striking 
triumph for Erastianism, though the more 
liberal principles of Hoadly were less suc- 
cessful. Robert Walpole was on the 
threshold of his power, and, as a manager 
of Sacheverell's impeachment, he had seen 
the hold of the Church upon the common 
people, may even, indeed, have remem- 
bered that Hoadly's own dwelling had 
been threatened with destruction in the 
popular excitement. Quieta non movere 
was his motto; and he was not interested 
in the niceties of ecclesiastic metaphysic. 
So the Test Act remained immovable until / 
1828; while the annual Act of Indemnity 
for its infractions represented that Eng- 
lish genius for illogical mitigation which 
solves the deeper problems of principle 
while avoiding the consideration of their 
substance. 

In the hundred and twenty years which 



118 ENGLISH POLITICAL THOUGHT 

passed between the Bangorian Contro- 
versy and the Oxford Movement, there is 
only one volume upon the problem of 
Church and State which deserves more 
than passing notice. Bishop Warburton 
^ was the Lord Brougham of his age; and 
as its self -constituted universal provider 
of intellectual fare, he deemed it his duty 
to settle this, amongst others of the 
eternal questions. The effort excited only 
the contempt of Leslie Stephen — "the 
peculiar Warburton mixture," he says "of 
sham logic and bluster." Yet that is 
hardly fair to the total result of War- 
burton's remarks. He tried to steer a 
middle path between the logical result of 
such Erastianism as that of the Indepen- 
dent Whig, on the one hand, and the ex- 
. cessive claim of High Churchmanship on 
the other. Naturally enough, or the 
writer would not be Warburton, the book 
is full of tawdry rhetoric and stupid 
quibbles. But the Alliance between 
^ Church and State (1736) set the temper 
of speculation until the advent of New- 
man, and is therefore material for some- 
thing more than contempt. It acutely 
points out that societies generate a per- 



CHURCH AND STATE 119 

sonality distinct from that of their mem- 
bers in words reminiscent of an historic 
legal pronouncement/ "When any nmn- 
ber of men," he says, "form themselves 
into a society, whether civil or religious, 
this society becomes a body different from 
that aggregate which the number of in- 
dividuals composed before the society was 
formed. . . . But a body must have its 
proper personality and will, which with- 
out these is no more than a shadow or a 
name." 

And that is the root of Warburton's 
pronouncement. The Church is a society 
distinct from the State, but lending to that 
body its assistance because without the 
sanction of religion the full achievement 
of the social purpose is impossible. There 
is thus an alliance between them, each 
lending its support to the other for their 
common benefit. The two remain dis- 
tinct; the union between them is of a 
federal kind. But they interchange their 
powers, and this it is which explains at 
once the royal supremacy and the right of 
Churchmen to a share in the legislature. 

1 Dicey, Law and Opinion in England (2nd edition), 
p. 166. 



1 

^ 



120 ENGLISH POLITICAL THOUGHT 

This also it is which explains the existence 
of a Test Act, whereby those who might 
injure that which the State has undertaken 
to protect are deprived of their power to 
evil. And, in return, the Church engages 
to "apply its utmost endeavors in the ser- 
vice of the State." It becomes attached to 
its benefactor from the privilege it re- 
ceives ; and the dangers which might arise 
from its natural independence are thus 
obviated. For a federal union precludes 
the grave problem of an imperium in im- 
periOj and the "mischiefs which so terri- 
fied Hobbes" are met by the terms upon 
which it is founded. 

It is easy enough to discover the loop- 
holes in the theory. The contract does 
not exist, or, at least, it is placed by War- 
burton "in the same archive with the 
famous original compact between monarch 
and people" which has been the object of 
vast but fruitless searches. Nor does the 
Act of Submission bear upon its face the 
marks of that tender care of the protection 
of an independent society which Warbur- 
ton declared a vital tenet of the Union. 
Yet such criticisms miss the real signifi- 
N# cance of the theory. It is really the in- 



CHURCH AND STATE 121 

troduction into English politics of that 
notion of the two societies which, a cen- 
tury before, Melville and Bellarmine had 
made so fruitful. With neither Presby- 
terian nor Jesuit was the separation com- 
plete, for the simple reason that each had 
a secret conviction that the ecclesiastical 
society was at bottom the superior. Yet 
the theory was the parent of liberty, if 
only because it pointed the way to a bal- 
ance of power between claims which, be- 
fore, had seemed mutually exclusive. 

Until the Toleration Act, the theory 
was worthless to the English Church be- 
cause its temper, under the aegis of 
Laudian views, had been in substance 
theocratic. But after 1692 it aptly ex- 
pressed the compromise the dominant 
party of the Church had then in mind. 
They did, indeed, mistake the power of 
the Church, or, rather, they submitted to 
the State so fully that what they had in- 
tended for a partnership became an ab- 
sorption. So that the Erastianism of the 
eighteenth century goes deep enough to 
make the Church no more than a moral 
police department of the State. Saints 
like Ken and preachers like South are re- 



122 ENGLISH POLITICAL THOUGHT 

placed by fashionable prelates like Com- 
wallis, who made Lambeth Palace an ad- 
junct to Ranelagh Gardens, and self-seek- 
ing pluralists like Bishop Watson- The 
Church could not even perceive the mean- 
ing of the Wesleyan revolt ; and its charity 
was the irritating and complacent patron- 
age of the obstrusive Hannah More. Its 
learning decayed, its intelligence slum- 
bered; and the main function it fulfilled 
imtil Newman's advent was the provision 
of rich preferment to the younger sons of 
the nobility. It is a far cry from Lake 
of Chichester and Bishop Ken to a church 
which was merelv an annex to the ini- 
quities of the civil list. 



IV 

No one can mistake the significance of 

I this conflict. The opponents of Eras- 

i tianism had a deep sense of their corporate 

I Church, and it was a plea for ecclesiastical 

. freedom that they were making. They 

saw that a Church whose patronage and 

discipline and debates were under the 

control of an alien body could not with 

honesty claim that Christ was in truth 



CHURCH AND STATE 123 

their head. If the Church was to be at 
the mercy of private judgment and poHt- 
ical expediency, the notion of a dogmatic 
basis would have to be abandoned. Here, 
indeed, is the root of the condemnation of 
Tindal and of Hoadly; for they made it, 
by their teaching, impossible for the 
Church to possess an ethos of her own. It 
was thus against the sovereignty of the 
State that they protested. Somewhere, a 
line must be drawn about its functions that 
the independence of the Church might be 
safeguarded. For its supporters could 
not be true to their divine mission if the 
accidental vote of a secular authority was 
by right to impose its will upon the 
Church. The view of it as simply a reli- 
gious body to which the State had con- 
ceded certain rights and dignities, they 
repudiated with passion. The life af the 
Church was not derived ffom the State; 
and for the latter to attempt its circum- 
scription was to usurp an authority not 
rightly its own. 

The real difficulty of this attitude lay in 
the establishment. For here the Church 
was, at bottom, declaring that the State 
life must be lived upon terms of her own 



124 ENGLISH POLITICAL THOUGHT 

definition. That was possible before the 
Reformation ; but with the advent of Non- 
conformity and the growth of rationalism 
the exclusive character of the Church's 
solution had become unacceptable. If the 
Church was to become so intimately in- 
volved with the State as an establishment 
implied, it had no right to complain, if 
statesmen with a genius for expediency 
were willing to sacrifice it to the attain- 
ment of that ideal. For the real secret of 
independence is, after all, no more than in- 
dependence. The Church sought it with- 
out being willing to pay the price. And 
this it is which enabled Hoadly to emerge 
triumphant from an ordeal where logically 
he should have failed. The State, by defi- 
nition is an absorptive animal; and the 
Church had no right to complain if the 
price of its privileges was royal su- 
premacy. A century so self-satisfied as 
the eighteenth would not have faced the 
difficulties involved in giving political ex- 
pression to the High Church theory. 

Yet the protest remained, and it bore 
a noble fruit in the next century. The 
Oxford movement is usually regarded as 
a return to the seventeenth century, to 



CHURCH AND STATE 126 

the ideals, that is to say, of Laud and 
Andrewes.^ In fact, its real kinship is 
with Atterbury and Law. Like them, it 
was searching the secret of ecclesiastical 
independence, and like them it discovered 
that connection with the State means, in 
the end, the sacrifice of the church to the 
needs of each political situation. "The 
State has deserted us," wrote Newman; 
and the words might have been written of 
the earlier time. The Oxford movement, 
indeed, like its predecessor, built upon 
foundations of sand; and when Lord 
Brougham told the House of Lords that 
the idea of the Church possessing "abso- 
lute and unalienable rights" was a "gross 
and monstrous anomaly" because it would 
make impossible the supremacy of Parlia- 
ment, he simply announced the result of 
a doctrine which, implicit in the Act of 
Submission, was first completely defined 
by Wake and Hoadly. Nor has the 
history of this controversy ended. 
"Thoughtful men," the Archbishop of 
Canterbury has told the House of Lords, ^ 



1 Cf. my Problem of Sovereignty, Chapter III. 

2 Parliamentary Debates. Fifth Series, Vol. 34, 
p. 992 (June 3, 1919). 



126 ENGLISH POLITICAL THOUGHT 

"... see the absolute need, if a Church 
is to be strong and vigorous, for the 
Churchy qua church, to be able to say what 
it can do as a church." "The rule of the 
sovereign, the rule of Parliament," replied 
Lord Haldane,^ "extend as far as the rule 
of the Church. They are not to be dis- 
tinguished or differentiated, and that was 
the condition under which ecclesiastical 
power was transmitted to the Church of 
England." Today, that is to say, as in 
the past, antithetic theories of the nature 
of the State hinge, in essence, upon the 
problem of its sovereignty. "A free 
church in a free state," now, as then, may 
be our ideal; but we still seek the means 
wherewith to build it. 

1 Parliamentary Debates^ Fifth Series, Vol. 34, p. 
1002. The quotation does not fully represent Lord 
Haldane*s views. 



CHAPTER IV 

THE ERA OF STAGNATION 



With the accession of George I, there 
ensued an era of unexampled calm in 
English politics, which lasted until the ex- 
pulsion of Walpole from power in 1742. 
No vital questions were debated, nor did 
problems of principle force themselves 
into view ; and if the Jacobites remained in 
the background as an element invincibly- 
hostile to absorption, the failure of their 
effort in 1715 showed how feeble was their 
hold on English opinion* Not, indeed, 
that the new dynasty was popular. It 
had nothing of that romantic glamour of 
a lost cause so imperishably recorded in 
Scott's pages. The first Georges were 
heavy and foreign and meagre-souled ; 
but at least they were Protestant, and, 
until the reign of George III, they were 
amenable to management. In the result, 

127 



128 ENGLISH POLITICAL THOUGHT 

an opposition in the classic sense was 
hardly needed ; for the only question to be 
considered was the personalities who were 
to share in power. The dominating 
temper of Walpole decided that issue; 
and he gave thereby to the political 
struggle the outlines in which it was en- 
cased for a generation. 

It is a dull period, but complacent ; for 
it was not an unprosperous time. Agri- 
cultiu-e and commerce both were abun- 
dant; and the increasing development of 
towjis shows us that the Industrial Revo- 
lution loomed in the near distance. The 
eager continuance of the deistic contro- 
versy suggests that there was something of 
novelty beneath the calm ; for Tindal and 
Woolston and Chubb struck at the root of 
religious belief, and Shaftesbury's exal- 
tation of Hellenism not only contributed 
to the Aufhlarung in Scotland, but sug- 
gested that Christian ideals were not to go 
imchallenged. But the literature of the 
time is summarized in Pope ; and the easy 
neatness of his verses is quaintly repre- 
sentative of the Georgian peace. Defoe 
and Swift had both done their work; and 
the latter had withdrawn to Ireland to 



THE ERA OF STAGNATION 129 

die like a rat in a hole. Bishop Berkeley, 
indeed, was convinqed of the decadence of 
England ; but his Essay towards Prevent- 
ing the Ruin of Great Britain (1721) 
shows rather the effect of the speculative 
mania which culminated in the South Sea 
Bubble upon a noble moral nature than 
a genius for political thought. Certainly 
no one in that generation was likely to 
regard with seriousness proposals for the 
endowment of motherhood and a tax upon 
the estate of bachelors. The cynical soph- 
istries of Mandeville were, despite the in- 
dignation they aroused, more suited to 
the age that Walpole governed. It is, in 
fact, the character of the minister which 
sets the keynote of the time. An able 
speaker, without being a great orator, a 
superb administrator, eager rather for 
power than for good, rating men low by 
instinct and corrupting them by intelli- 
gence, Walpole was not the man, either in 
type of mind or of temperament, to bring 
great questions to the foreground of de- 
bate. He was content to maintain his 
hold over the respect of the Crown, and 
to pimish able rivals by exclusion from 
office. One by one, the younger men of 



130 ENGLISH POLITICAL THOUGHT 

talent, Carteret, Pulteney, Chesterfield, 
Pitt, were driven into hostility. He main- 
tained himself in office by a corruption as 
efficiently administered as it was cynically 
conceived. An opposition developed less 
on principle than on the belief that spoils 
are matter rather for distribution than 
for concentration. The party so formed 
had, indeed, little ground save personal 
animosity upon which to fight; and its 
ablest exertions could only seize upon a 
doubtful insult to a braggart sea-captain 
as the pretext of the war it was Walpole's 
ambition no less than policy to avoid. 
From 1726 until 1735 the guiding spirit 
of the party was Bolingbroke; but in the 
latter year he quarrelled with Pulteney, 
nominally its leader, and retired in high 
dudgeon to France. But in the years of 
his leadership he had evolved a theory of 
politics than which nothing so clearly dis- 
plays the intellectual bankruptcy of the 
time. 

To understand the argument of Boling- 
broke it is necessary to remember ^lhe~pe- 
culiar character of his career. He had 
attained to the highest office under Anne 
at an exceptionally early age; and his 



THE ERA OF STAGNATION 131 

period of power had been distinguished by 
the vehemence with which he pursued the 
ideal of a strict division of parties and the 
expulsion of all alien elements from the 
government. But he had staked all his 
fortunes upon a scheme he had neither the 
resolution to plan nor the courage to exe- 
cute ; and his flight to France, on the Han- 
overian accession, had been followed by 
his proscription. Walpole soon succeeded 
alike to his reputation and place; and 
through an enormous bribe to the bottom- 
less pocket of the King's mistress St. 
John was enabled to return from exile, 
though not to political place. His restless 
mind was dissatisfied with exclusion from 
power, and he occupied himself with cre- 
ating an alliance between the Tories and 
malcontent Whigs for Walpole's over- 
throw. The alliance succeeded, though 
too late for Bolingbroke to enjoy the 
fruits of success ; but in effecting the pur- 
gation of the Tory party from its taint of 
Jacobitism he rendered no inconsiderable 
service. His foundation, moreover, of the 
Craftsman — the first official journal of 
a political party in England — showed his 
appreciation of the technique of political 



132 ENGLISH POLITICAL THOUGHT 

controversy. Most of it is dead now, and, 
indeed, no small part of its contemporary 
success is due to the making of comment 
in terms of the immediate situation, as also 
by its consistent use of a personal refer- 
ence which has, save in the mass, no mean-> 
ing for today. Though, doubtless, the 
idea of its inception was derived from 
journals like Defoe's Review and Leslie V 
Rehearsal, which had won success, its in- 
timate connection with the party leader- 
ship was a novel element; and it may 
therein claim a special relation to the offi- 
cial periodicals of a later generation. 

The reputation of Bolingbroke as a po- 
litical philosopher is something that our 
age can hardly understand. "A solemn 
trifler," Lord Morley has called him; and 
it is difficult to know why his easy decla- 
mation was so long mistaken for profound 
thought. Much, doubtless, is due to that 
personal fascination which made him the 
inspiration of men so different as Pope 
and Voltaire; and the man who could 
supply ideas to Chatham and Disraeli can- 
not be wholly devoid of merit. Certainly 
he wrote well, in that easy elegance of 
style which was the delight of the eigh- 



THE ERA OF STAGNATION 133 

teenth century; and he is consistently 
happy in his choice of adjectives. But his 
work is at every point embellished with 
that affectation of classical learning which 
was the curse of his age. He sought no 
general truths, and he is free from the ac- 
cusation of sincerity. Nor has he any en- 
thusiasm save that of bitter partisanship. 
He hated Walpole, and his political writ- 
ings are, at bottom, no more than an 
attempt to generalize his animosity. The 
Dissertation on Parties (1734) and the 
Idea of a Patriot King ( 1738) might have 
betrayed us, taken alone, into regarding 
their author as a disinterested observer 
watching with regret the development of 
a fatal system; but taken in conjunction 
with the Letter to Sir TV. Windham 
(1717), which was not published until 
after his death, and is written with an 
acrid cynicism fatal to his claim to hon- 
esty, they reveal the opinions as no more 
than a mask for ambition bom of hate. 

The whole, of course, must have some 
sort of background ; and the Letters on the 
Study of History (1735) was doubtless 
intended to supply it. Experience is to 
be the test of truth, since history is phil- 



134 ENGLISH POLITICAL THOUGHT 

osophy teaching by example. But Boling- 
broke's own argument supplies its refuta- 
tion. His history is an arbitrary selection 
of instances intended to illustrate the par- 
ticular ideas which happened to be upper- 
most in his mind. The Roman consuls 
were chosen by annual election ; whence it 
is clear that England should have, if not 
an annual, at least a triennial parliament. 
He acknowledges that the past in some 
degree unknown determines the present. 
He has some not unhappy remarks upon 
the evils of an attitude which fails to look 
upon events from a larger aspect than 
their immediate environment. But his 
history is intended less to illustrate the 
working of principle than to collect cases 
worthy of citation. Time and space do 
not exist as categories; he is as content 
with a Roman anecdote as with a Stuart 
illustration. He is willing, indeed, to 
look for the causes of the Revolution as 
far back as the reign of James I ; though 
he shows his lack of true perception when 
he ascribes the true inwardness of the 
Reformation to the greed of the monarch 
for the spoils of the clergy. At bottom 
what mainly impresses him is the immense 



THE ERA OF STAGNATION 135 

influence of personal accident upon 
events. Intrigue, a sudden dislike, some 
backstairs piece of gossip, here is the real 
root of great changes. And when he ex- 
presses a "thorough contempt" for the 
kind of work scholars such as Scaliger and 
Petavius had achieved, he shows his entire 
ignorance of the method whereby alone a 
knowledge of general principle can be 
attained. 

A clear vision, of course, he has, and he 
was not beguiled by high notions of pre- 
rogative or the like. The divine right of 
kings is too stupid to be worth the trouble 
of refutation; all that makes a king im- 
portant is the authority he exerts. So, 
too, with the Church ; for Bolingbroke, as 't 
a professed deist, has no trouble with such J 
matters as the apostolic succession. He 
makes great show of his love of liberty, "^ 
which is the true end of government ; and 
we are informed with a vast solemnity of 
the "perpetual danger'* in which it always 
stands. So that the chief end of patriotism 
is its maintenance; though we are never 
told what liberty is, nor how it is to be 
maintained. The social compact seems to 
win his approbation and we learn that the 



136 ENGLISH POLITICAL THOUGHT 

secret of the British constitution is the 
balance of powers and their mutual inde- 
pendency. But what the powers are, and 
how their independence is preserved we do 
not learn, save by an insistence that the 
safety of Europe is to be found in playing 
off the ambitions of France and Austria 
against each other; an analogy the rejec- 
tion of which has been the secret of Eng- 
lish constitutional success. We learn of 
the evil of standing armies and the danger 
of Septennial Parliaments. We are told 
that parties are mainly moved by the pros- 
pect of enjoying office and vast patron- 
age ; and a great enough show is made of 
his hatred for corruption as to convince at 
least some critics of distinction of his sin- 
cerity. The parties of the time had, as he 
sees, become divided by no difference save 
that of interest; and herein, at least, he 
shows us how completely the principles of 
the Revolution had become exhausted. 
He wants severe penalties upon electoral 
corruption. He would have disfranchised 
the rotton boroughs and excluded place- 
men from Parliament. The press was to 
be free; and there is at least a degree of 
generous insight in his plea for a wider 



THE ERA OP STAGNATION 137 

commercial freedom in colonial matters. 
Yet what, after all, does this mean save 
that he is fighting a man with the patron- 
age at his disposal and a majority upon 
the committee for the settlement of dis- 
puted elections? And what else can we 
see in his desire for liberty of the press 
save a desire to fight Walpole in the open, 
without fear of the penalties his former 
treason had incurred? 

His value can be tested in another way. 
His Idea of a Patriot King is the remedy 
for the ills he has depicted. He was sixty 
years old when it appeared, and he had 
then been in active politics for thirty-five 
years, so that we are entitled to regard it 
as the fruit of his mature experience. He 
was too convinced that the constitution 
was "in the strictest sense a bargain, a 
conditional contract between the prince 
and the people" to attempt again the erec- 
tion of a system of prerogative. Yet it is 
about the person of the monarch that the 
theory hinges. He is to have no powers 
inconsistent with the liberties of the 
people ; for such restraints will not shackle 
his virtues while they limit the evil propen- 
sities of a bad king. What is needed is a 



138 ENGLISH POLITICAL THOUGHT 

[ patriot king who will destroy corruption 
V_and awaken the spirit of liberty. His 
effective government will synchronize with 
the commencement of his reign; and he 
will at once dismiss the old and cunning 
ministers, to replace them by servants who 
are wise. He will not stand upon party, 
but upon the State. He will unite the 
forces of good counsel into a single 
scheme. Complaints will be answered, the 
evildoers punished. Commerce will flow 
on with xminterrupted prosperity, and the 
navy of England receive its due meed of 
attention. His conduct must be dignified, 
and he must acquire his influence not 
apart from, but on account of, the affec- 
tion of his people. "Concord," says Bo- 
lingbroke in rhapsodical prospection, "will 
appear breeding peace and prosperity on 
every hand"; though he prudently hopes 
also that men will look back with affection 
upon one "who desired life for nothing so 
much as to see a King of Great Britain 
the most powerful man in the country, 
and a patriot King at the head of a united 
people." 

Bolingbroke himself has admitted that 
such a monarch would be a "sort of stand- 



THE ERA OF STAGNATION 139 

ing miracle," and perhaps no other com- 
ment upon his system is required. A 
smile in Plato at the sight of his phi- 
losopher-King in such strange company- 
might well be pardoned. It is only nec- 
essary to point out that the person whom 
Bolingbroke designates for this high func- 
tion was Frederick, Prince of Wales, to 
us the most meagre of a meagre genera- 
tion, but to Bolingbroke, by whose grace 
he was captivated, "the greatest and most 
glorious of himian beings." This exalta- 
tion of the monarch came at a time when 
a variety of circumstances had combined 
to show the decrease of monarchical senti- 
ment. It bears upon its every page the 
marks of a personal antagonism. It is too 
obviously the programme of a party to be 
capable of serious interpretation as a sys- 
tem. The minister who is to be impeached, 
the wise servants who are to gain office, 
the attack on corruption, the spirited 
foreign policy — all these have the ear- 
marks of a platform rather than of a phi- 
losophy. Attacks on corruption hardly 
read well in the mouth of a dissolute 
gambler; and the one solid evidence of 
deep feeling is the remark on the danger 



140 ENGLISH POLITICAL THOUGHT 

of finance in politics. For none of the 
Tories save Barnard, who owed his party 
influence thereto, understood the financial 
schemes of Walpole; and since they were 
his schemes obviously they represented the 
triumph of devilish ingenuity. The return 
of landed men to power would mean the 
return of simplicity to politics; and one 
can imagine the coimtry squires, the last 
resort of enthusiasm for Church and King, 
feeling that Bolingbroke had here empha- 
sized the dangers of a regime which al- 
ready faintly foreshadowed their exclusion 
from power. The pamphlet was the 
cornerstone in the education of Fred- 
erick's son; and when George III came 
to the throne he proceeded to give such 
heed to his master as the circimistances 
permitted. It is perhaps, as Mr. A. L. 
Smith has argued, imfair to visit Boling- 
broke with George's version of his ideal; 
yet they are sufficiently connected for the 
one to give the meaning to the other. 
Chatham, indeed, was later intrigued by 
this ideal of a national party; and before 
Disraeli discovered that England does not 
love coalitions he expended much rhetoric 
upon the beauties of a patriotic king. 



THE ERA OF STAGNATION 141 

But Chatham was a wayward genius who 
had nothing of that instinct for common 
counsel which is of the essence of party 
government ; while it is necessary to draw 
a firm line between Disraeli^s genial dec- 
lamation and his practice when in office. 
It is sufficient to say that the one effort 
founded upon the principles of Boling- 
broke ended in disaster ; and that his own 
last reflections express a bitter disillusion 
at the result of the event which he looked 
to as the inauguration of the golden age. 



II 

The fall of Walpole, indeed, released 
no energies for political thought ; the sys- 
tem continued, though the men were dif- 
ferent. What alone can be detected is the 
growth of a democratic opinion which 
f oimd its sustenance outside the House of 
Commons, the opinion the strength of 
which was later to force the elder Pitt 
upon an unwilling king. An able pam- 
phlet of the time shows us the arrival of 
this imlooked-for portent. Faction de- 
tected by the Evidence of Facts (1742) 



142 ENGLISH POLITICAL THOUGHT 

was, though it is anonymous/ obviously 
written by one in touch with the inner 
current of affairs. The author had hoped 
for the fall of Walpole, though he sees the 
chaos in its result. "A republican spirit/' 
he says, "has strangely arisen'*; and he 
goes on to tell how the electors of London 
and Westminster were now regarding 
their members as delegates to whom in- 
structions might be issued. "A new party 
of malcontents" had arisen, "assimiing to 
themselves, though very falsely, the title 
of the People." They affect, he tells us, 
"superiority to the whole legislature . . . 
and endeavor in effect to animate the 
people to resimie into their own hands that 
vague and loose authority which exists 
(unless in theory) in the people of no 
country upon earth, and the inconvenience 
of which is so obvious that it is the first 
step of mankind, when formed into so- 
ciety, to divest themselves of it, and to 
delegate it forever from themselves." The 
writer clearly foreshadows, even in his dis- 
like, that temper which produced the 
Wilkes affair, and made it possible for 
Cartwright and Home Tooke and Sir 

1 It was probably written by Lord Egmont. 



THE ERA OF STAGNATION 143 

Thomas Hollis to become the founders of 
English radicalism. 

Yet the influence of that temper still 
lay a generation ahead ; and the next piece 
of import comes from a mind which, 
though perhaps the most powerful of all 
which have applied themselves to political 
philosophy in England, was, from its very 
scepticism, incapable of constructive 
effort. David Himie was thirty-one years 
of age when he published (1742) the first 
series of his essays; and his Treatise of 
Human Nature which had fallen "dead- 
bom from the press" was in some sort 
compensated by the success of the new 
work. The second part, entitled Political 
Discourses, was published in 1752, almost 
simultaneously with the ^^ Inquiry concern- 
ing the Principles of Morals/^ As in the 
case of Hume's metaphysical studies, they 
constitute the most powerful dissolvent 
the century was to see. Yet nowhere was 
so clearly to be demonstrated the eutha- 
nasia into which English poUtics had 
fallen. 

Hume, of course, is always critical and 
suggestive, and even if he had no distinc- 
tive contribution to make, he gave a new 



[. 



144 ENGLISH POLITICAL THOUGHT 

turn to speculation. Thiere is something 
almost of magic in the ease with which he 
demolishes divine right and the social con- 
tract. The one is an inevitable deduction 
from theism, but it protects an usurper 
not less than an hereditary king, and 
gives a "divine commission'* as well to a 
constable as to the most majestic prince. 
The proponents of the social contract are 
in no better case. "Were you to preach/' 
he remarks, "in most parts of the world 
that political connections are founded al- 
together on voluntary consent, or on a 
mutual promise, the magistrate would 
soon imprison you as seditious for loosen- 
ing the ties of obedience; if your friends 
did not before shut you up as delirious for 
advancing such absurdities." The orig- 
inal contract could not be produced, and, 
even if it were, it would suppose the "con- 
sent of the fathers to bind the children 
even to the most remote generations." 
The real truth, as he remarks, is that "al- 
most all the governments which exist at 
present, or of which there remains any 
record in story, have been founded origi- 
nally on usurpation, or on conquest, or 
both, without any pretence of a fair con- 



THE ERA OF STAGNATION 146 

sent or voluntary subjection of the 
people." If we then ask why obedience is 
possible, the sufficient answer is that "it 
becomes so familiar that most men never 
make any inquiry about its origin or cause, 
any more than about the principle of 
gravity, resistance, or the most imiversal 
laws of nature." 

Government, in short, is dependent 
upon the inescapable facts of psychology. 
It might be unnecessary if all desirejs could 
be individually fulfilled by making them, 
or if man showed to his fellow-men the 
same tender regard he has for himself. 
So happy a condition does not exist; and 
government is the most useful way of 
remedying the defects of our situation. A 
theologian might say that Hume derives 
government from original sin ; to which he 
would have replied by denying the fall. 
His whole attitude is simply an insistence 
that utility is the touchstone of institu- 
tions, and he may claim to be the first ^ 
thinker who attempted its application to 
the whole field of political science. He 
knows that opinion is the sovereign ruler 
of mankind, and that ideas of utility lie 
at the base of the thoughts which get ac- 



1 



146 ENGLISH POLITICAL THOUGHT 

cepted. He does not, indeed, deny tihat 
fear and consent enter into the attitude of 
men; he simply asserts that these also are 
fomided upon a judgment of utility in 
the thing judged. We obey because 
otherwise "society could not subsist," and 
society subsists for its utility. "Men," he 
says "could not live at all in society, at 
least in a civilized society, without laws 
and magistrates and judges, to prevent 
the encroachments of the strong upon the 
weak, of the violent upon the just and 
equitable." 

Utilitarianism is, of course, above all a 
method; and it is not unfair to say of 
Hume that he did not get very far beyond 
insistence on that point. He sees that 
the subjection of the many to the few is 
rooted in human impulse; but he has no 
penetrating inquiry, such as that of Locke 
or Hobbes, into the purpose of such sub- 
jection. So, too, it is the sense of public 
interest which determines men's thoughts 
on government, on who should rule, and 
what should be the system of property; 
but the ethical substance of these questions 
he leaves undetermined. Politics, he 
thinks, may one day be a science; though 



THE ERA OF STAGNATION 147 

he considers the world still too young for 
general truths therein. The maxims he 
suggests as of permanent value, "that a 
hereditary prince, a nobility without 
vassals, and a people voting by their rep- 
resentatives form the best monarchy, 
autocracy and democracy"; that "free 
governments . . . are the most ruinous 
and oppressive to their provinces"; that 
republics are more favorable to science, 
monarchies to art ; that the death of a po- 
litical body is inevitable; would none of 
Ihem, probably, be accepted by most 
thinkers at the present time. And when 
he constructs an ideal constitution, irre- 
spective of time and place, which is to be 
regarded as practical because it resembles 
that of Holland, ii; is obvious that the 
historical method had not yet come fully 
into being. 

Yet Hume is full of flashes of deep 
wisdom, and it would be an avoidance of 
justice not to note the extent of the spas- 
modic insight that he had. He has a keen 
eye for the absurdity of Pope's maxim 
that administration is all in all; nothing 
can ever make the forms of government 
immaterial. He accepts Harrington's 



148 ENGLISH POLITICAL THOUGHT 

dictum that the substance of government 
corresponds to the distribution of prop- 
erty, without making it, as later thinkers 
have done, the foundation of all political 
forces. He sees that the Crown cannot 
influence the mass of men, or withstand 
the new balance of property in the State; 
a prophecy of which the accuracy was 
demonstrated by the failure of George 
III. "In all governments," as he says, 
"there is a perpetual intestinal struggle, 
open or secret," between Authority and 
Liberty; though his judgment that 
neither "can ever absolutely prevail," 
show^s us rather that we are on the 
threshold of laissez-faire than that Hume 
really understood the problem of freedom. 
He realized that the House of Commons 
had become the pivot of the State ; though 
he looked with dread upon the onset of 
popular government. He saw the inev- 
itability of parties, as also their tendency 
to persist in terms of men instead of prin- 
ciples. He was convinced of the necessity 
of liberty to the progress of the arts and 
sciences; and no one, save Adam Smith, 
has more acutely insisted upon the evil 
effect on commerce of an absolute govern- 



THE ERA OF STAGNATION 149 

ment. He emphasized the value of free- 
dom of the press, in which he saw the 
secret whereby the mixed govermnent of 
England was maintained. "It has also 
been found," he said in a happy phrase, 
". . . that the people are no such dan- 
gerous monsters as they have been repre- 
sented, and that it is in every respect 
better to guide them like rational crea- 
tures than to lead or drive them like brute 
beasts." There is, in fact, hardly a page 
of his work in which some such acuteness 
may not be found. 

Not, indeed, that a curious blindness is 
absent. Hume was a typical child of one 
aspect of the eighteenth century in his 
hatred of enthusiasm, and the form in 
which he most abominates it is religious. 
Why people's religious opinions should 
lead to antagonism he could no more un- 
derstand than why people should refuse 
to pass one another on a road. Wars of 
religion thus seemed to him based upon a 
merely frivolous principle ; and in his ideal 
commonwealth he made the Church a de- 
partment of the State lest it should get out 
of hand. He was, moreover, a static phil- 
osopher, disturbed by signs of political 



160 ENGLISH POLITICAL THOUGHT 

restlessness ; and this led to the purgation 
of Whig doctrines from his writings, and 
their consistent replacement by a cynical 
conservatism. He was always afraid that 
popular government would mean mob- 
rule; and absolute government is accord- 
ingly recommended as the euthanasia of 
the British Constitution. Not even the ex- 
ample of Sweden convinced him that a 
standing army might exist without civil 
liberty being endangered; and he has all 
the noxious fallacies of his time upon the 
balance of power. Above all, it is strik- 
ing to see his helplessness before the prob- 
lem of national character. Mainly he 
ascribes it to the form of government, and 
that in turn to chance. Even the friend of 
Montesquieu can see no significance in 
race or climate. The idea, in fact, of evo- 
lution is entirely absent from his political 
speculation. Political life, like himian 
life, ends in death; and the problem is to 
make our egress as comfortable as we can, 
for the prime evil is disturbance. It is 
difficult not to feel that there is almost a 
physical basis in his own disease for this 
love of quiet. The man who put indolence 
among the primary motives of human 



THE ERA OF STAGNATION 151 

happiness was not likely to view novel 
theories with unruffled temper. 

Hume has an eminent place among 
economists, and for one to whom the study 
of such phenomena was but a casual in- 
quiry, it is marvelous how much he saw. 
He is free from the crude errors of mer- 
cantilism; and twenty years before Adam 
Smith hopes, "as a British subject," for 
the prosperity of other countries. "Free 
communication and exchange" seems to 
him an ordinance of nature ; and he heaps 
contempt upon those "numberless bars, 
obstructions and imposts which all nations 
of Europe, and none more than England, 
have put upon trade." Specie he places 
in its true light as merely a mediimi of 
exchange. The supposed antagonism be- 
tween commerce and agriculture he dis- 
poses of in a half-dozen effective sen- 
tences. He sees the place of time and 
distance in the discussion of economic 
want. He sees the value of a general level 
of economic equality, even while he is 
sceptical of its attainment. He insists 
upon the economic value of high wages, 
though he somewhat belittles the impor- 
tance of wealth in the achievement of 



152 ENGLISH POLITICAL THOUGHT 

happiness. Before Bentham, who on this 
point converted Adam Smith, he knew 
that the rate of interest depends upon the 
supply of and demand for loans. He 
insists that commerce demands a free gov- 
ernment for its progress, pointing out, 
doubtless from his abundant French ex- 
perience, that an absolute government 
gives to the commercial class an insuffi- 
cient status of honor. He pointed out, 
doubtless with France again in his mind, 
the evils of an arbitrary system of taxa- 
tion. "They are commonly converted," 
he says with unwonted severity, "into 
punishments on industry; and also, by 
their unavoidable inequality, are more 
grievous, than by the real burden which 
they impose." And he emphasizes his be- 
lief that the best taxes are those which, 
like taxes upon luxury, press least upon 
the poor. 

Such insight is extraordinary enough in 
the pre- Adamite epoch ; but even more re- 
markable are his psychological founda- 
tions. The wealth of the State, he says, is 
the labor of its subjects, and they work 
because the wants of man are not a stated 
sum, but "multiply every moment upon 



THE ERA OF STAGNATION 153 

him." The desire for wealth comes from 
the idea of pleasure; and in the Treatise 
on Human Nature he discusses with su- 
perb clarity the way in which the idea of 
pleasure is related at once to individual 
satisfaction and to that sympathy for 
others which is one of the roots of social 
existence. He points out the need for 
happiness in work. "The mind," he 
writes, "acquires new vigor, enlarges its 
powers and faculties, and by an assiduity 
in honest industry both satisfies its own 
appetites and prevents growth of un- 
natural ones"; though, like his prede- 
cessor, Francis Hutcheson, he overempha- 
sizes the delights opened by civilization to 
the humbler class of men. He gives large 
space in his discussion to the power of 
will ; and, indeed, one of the main advan- 
tages he ascribed to government was the 
compulsion it puts upon us to allow the 
categories of time and space a part in our 
calculations. He does not, being in his 
own life entirely free from avarice, regard 
the appetite for riches as man's main mo- 
tive to existence ; though no one was more 
urgent in his insistence that "the avidity 
of acquiring goods and possessions for 



154 ENGLISH POLITICAL THOUGHT 

ourselves and our nearest friends is . . • 
destructive of society" unless balanced by 
considerations of justice. And what he 
therein intended may be gathered from 
the liberal notions of equality he mani- 
fested. "Every person," he wrote in a 
famous passage, "if possible ought to en- 
joy the fruits of his labor in a full pos- 
session of all the necessaries, and many of 
the conveniences of life. No one can 
doubt but such an equality is most suit- 
able to human nature, and diminishes 
much less the happiness of the rich than 
it adds to that of the poor." It is clear 
that we have moved far from the narrow 
confines of the old political arithmetic. 
The theory of utility enables Hume to see 
the scope of economics — the word itself 
he did not know — in a more generous 
perspective than at any previous time. It 
would be too much to say that his grasp of 
its psychological foundation enabled him 
entirely to move from the limitations of 
the older concept of a national prosperity 
expressed only in terms of bullion to the 
view of economics as a social science. But 
at least he saw that economics is rooted in 
the nature of men and therein he had the 



THE ERA OF STAGNATION 155 

secret of its true understanding. The 
Wealth of Nations would less easily have 
made its way had not the insight of Hume 
prepared the road for its reception. 

What, then, and in general, is his place 
in the history of political thought ? Clearly 
enough, he is not the founder of a system ; 
his work is rather a series of pregnant 
hints than a consecutive account of po- 
litical facts. Nor must we belittle the 
debt he owes to his predecessors. Much, 
certainly, he owed to Locke, and the full 
radiance of the Scottish enlightenment 
emerges into the day with his teaching. 
Francis Hutcheson gave him no small in- 
spiration; atid Hutcheson means that he 
was indebted to Shaftesbury. Indeed, 
there is much of the sturdy commonsense 
of the Scottish school about him, particu- 
larly perhaps in that interweaving of 
ethics, politics and economics, which is 
characteristic of the school from Hutche- 
son in the middle seventeenth century, to 
the able, if neglected, Lorimer in the nine- 
teenth.^ He is entitled to be considered 

1 There are few books which show so clearly as 
Lorimer's Institutes of Nations (1872) how fully the 
Scottish school was in the midstream of European 
thought. 



^r 



156 ENGLISH POLITICAL THOUGHT 

the real founder of utilitarianism. He 
first showed how difficult it is in politics to 
draw a distinction between ethical right 
and men's opinion of what ought to be. 
He brings to an end what Coleridge 
happily called the "metapolitical school." 
After him we are done with the abuse of 
history to bolster up Divine Right and so- 
cial contract; for there is clearly present 
in his use of facts a true sense of historical 
method. He put an end also to the con- 
fusion' which resulted from the effort of 
thinkers to erect standards of right and 
wrong independent of all positive law. 
He took the facts as phenomena to be ex- 
plained rather than as illustrations of 
some favorite thesis to be maintained in 
part defiance of them. Conventional 
Whiggism has no foothold after he has 
done with its analysis. His utilitarianism 
was the first efficient substitute for the 
labored metaphysics of the contract 
school ; and even if he was not the first to 
see through its pretensions — that is per- 
haps the claim of Shaftesbury — he was 
the first to show the grounds of their use- 
lessness. He saw that history and psy- 
chology together provide the materials for 



THE ERA OF STAGNATION 167 

a political philosophy. So that even if he 
could not himself construct it the hints at 
least were there. 

His suggestiveness, indeed, may be 
measured in another fashion. The meta- 
physics of Burke, so far as one may use a 
term he would himself have repudiated, 
are largely those of Hume. The place of 
habit and of social instinct alongside of 
consent, the perception that reason alone 
will not explain political facts, the em- 
phasis upon resistance as of last resort, the 
denial that allegiance is a mere contract to 
be presently explained, the deep respect 
for order — all these are, after all, the 
fabric from which the thought of Burke 
was woven. Nor is there in Bentham's de- 
fence of Utilitarianism argument in which 
he would have recognized novelty. Here- 
in, at least, his proof that morality is no 
more than general opinion of utility con- 
structs, in briefer form, the later argu- 
ments of Bentham, Paley and the Mills, 
nor can their mode of statement claim su- 
periority to Hume's. So that on either 
side of his work he foreshadows the advent 
of the two great schools of modern polit- 
ical thought. His utilitarianism is the real 



i 
/ 



158 ENGLISH POLITICAL THOUGHT 

path by which radical opinion at last 
found means of acceptance. His use of 
history is, through Burke, the ancestor of 
that specialized conservatism begotten of 
the historical method. If there is thus so 
much, it is, of course, tempting to ask why 
there is not more. If Hume has the ma- 
terials why did he fail to build up a sys- 
tem from them? The answer seems two- 
fold. In part it is the man himself . His 
genius, as his metaphysics show, lay es- 
sentially in his power of destruction; and 
the man who gave solipsism to philosophy 
was not likely to effect a new creation in 
politics. In part, also, the condition of 
the time gave little stimulus to novelty. 
Herein Himie was born a generation too 
early. Had he written when George III 
attempted the destruction of the system of 
the Revolution, and when America and 
France combined to raise again the basic 
questions of politics, he might have done 
therein what Adam Smith effected in his 
own field. But the time had not yet come ; 
and it was left to Burke and Bentham to 
reap where he had sown. 



CHAPTER V 

SIGNS OF CHANGE 



From Hume until the publication of 
IBurke's Present Discontents (1770) there 
is no work on English politics of the first 
importance. Walpole had fallen in 1742; 
but for the next fifteen years his methods 
dominated the parliamentary scene. It 
was only with the advent of the elder Pitt j 
to power that a new temper may be ob- 
served, a temper quickened by what fol- 
lowed on the accession of George III. 
Henceforward, it is not untrue to say that 
the early complacency of the time was 
lost; or, at least, it was no longer in the 
ascendant again until the excesses of the 
French Revolution enabled Burke to per- 
suade his countrymen into that grim satis- 
faction with their own achievement of 
which Lord Eldon is the standing model. 
The signs of change are in each instance 
slight, though collectively they acquire 
significance. It was difficult for men to 

150 



160 ENGLISH POLITICAL THOUGHT 

grumble where, as under Walpole, each 
harvest brought them greater prosperity, 
or where, as under Chatham, they leaped 
from victory to victory. Something of the 
exhilaration of these years we can still 
catch in the letters which show the effort 
made by the jaded Horace Walpole to 
turn off with easy laughter his deep sense 
of pride. In the House of Commons, in- 
deed, there is nothing, until the Wilkes 
case, to show that a new age has come. It 
is in the novels of Richardson and Field- 
ing, the first shy hints of the romantic 
temper in Gray and Collins, above all in 
the awakening of political science, that 
novelty is apparent. 

So far as a new current of thought can 
\j ever be referred to a single source, the 
N French influence is the effective cause of 
change. Voltaire and Montesquieu had 
both visited England in the period of 
Walpole's administration, and both had 
been greatly influenced by what they saw. 
Rousseau, indeed, came later on that 
amazing voyage which the good-natured 
Hume insisted would save him from his 
dread of persecution, and there is evidence 
enough that he did not relish his experi- 



SIGNS OF CHANGE 161 

ence. Yet when he came, in 1762, to pub- 
lish the Contrat Social it was obvious that 
he had drunk deeply of English thought. 
The real meaning of their work to Eng- 
lishmen lay in the perspective they gave to 
English institutions. Naturally enough, 
there was a vast difference between the 
simplicity of a government where sov- 
ereignty was the monarch's will and one 
in which a complex distribution of powers 
was found to secure a general freedom. 
The Frenchmen were amazed at the gen- 
erous equality of English judicial pro- 
cedure. The liberty of unlicensed print- 
ing — less admirable than they accounted 
it — the difference between a Habeas 
Corpus and a lettre de cachet ^ the regular 
succession of Parliaments, all these im- 
pressed them, who knew the meaning of 
their absence, as a magnificent achieve- 
ment. The English constitution revealed 
to France an immense and unused reser- 
voir of philosophic illustration. Even to 
Englishmen itself that meaning was but 
partly known. Locke's system was a 
generalization from its significance at a 
special crisis. Himie had partial glimpses 
of its inner substance. But for most it 



162 ENGLISH POLITICAL THOUGHT 

had become a discreet series of remedies 
for particular wrongs. Its analysis as a 
connected whole invigorated thought as 
nothing had done since the Civil Wars had 
elaborated the theory of parliamentary 
sovereignty. What was more significant 
was the realization of Montesquieu's im- 
port simultaneously with the effort of 

I /George III to revive crown influence. 

y Montesquieu thus became the prophet of 

*" a new race of thinkers. Rousseau's time 
was not yet; though within a score of 
years it was possible to see him as the rival 
to Burke's conservatism. 

It is worth while to linger for a moment 
upon the thesis which underlies the Esprit 

, des Lois (1748). It is a commonplace 
now that Montesquieu is to be regarded as 
the founder of the historical method. The 
present is to be explained by its ancestry. 
Laws, governments, customs are not 
truths absolute and universal, but relative 
to the time of their origin and the coimtry 
from which they derive. It would be in- 
accurate, with Rousseau on the threshold, 
to say that his influence demolished the 
systems of political abstraction which, at 
their logical best, and in the most com- 



SIGNS OF CHANGE 163 

plete unreality, are to be found in God- 
win's Political Justice; but it is not be- 
yond the mark to affirm that after his time 
such abstract systems were on the defen- 
sive. Therein, with all his faults, he had 
given Burke the clue to those truths he so ) 
profoundly saw — the sense of the State ) 
as more than a mechanical contrivance, 
the high regard for prescription, the sense ' 
of law as the voice of past wisdom. He ■^' 
was, said Burke, "the greatest genius 
which has enlightened this age"; and 
Burke had every reason to utter that noble 
panegyric. But Montesquieu was more 
than this. He emphasized legislation as 
the main mechanism of social change ; and 
therein he is the parent of that decisive 
reversal of past methods of which 
Bentham first revealed the true signifi- 
cance. Nor had any thinker before his 
time so emphasized the importance of 
liberty as the true end of government; 
even the placid Blackstone adopted the 
utterance from him in his inaugural lec- 
ture as Vinerian professor. He insisted, 
too, on the danger of perversion to \<^hich 
political principle lies open; a feeling 
which found consistent utterance both in 



V 



164 ENGLISH POLITICAL THOUGHT 

the debates of the Philadelphia Conven- 
tion, and in the writings of Bentham and 
^ James Mill. What, perhaps, is most im- 
I mediately significant is his famous praise 
of the British Constitution — the secret 
--Qf which he entirely misapprehended — 
and his discovery of its essence in the 
separation of powers. The short sixth 
chapter of his eleventh book is the real 
keynote of Blackstone and De Lolme. It 
led them to investigate, on principles of 
at least doubtful validity, an edifice never 
before described in detail. It is, when the 
last criticism has been made, an immense 
step forward from the uncouth antiquari- 
anism of Coke's Second Institute to the 
neatly reticulated structure erected upon 
the foundations of Montesquieu's hint. 
That it was wrong was less important 
than that the attempt should have been 
made. The evil that men do lives after 
them; and few doctrines have been more 
noxious in their consequence than this 
theory of checks and balances. But 
Blackstone's Commentaries (1765—9) 
produced Bentham's Fragment on Gov- 
ernment (1776), and with that book we 
enter upon the realistic study of the 
British Constitution. 



SIGNS OF CHANGE 165 

Rousseau is in an antithetic tradition; 
but just as he drew from English thinkers 
so did he exercise upon the next genera- 
tion an influence the more logical because 
the inferences he drew were those that his 
masters, with the English love of com- 
promise, had sought to avoid. Rousseau 
is the disciple of Locke; and the real dif- 
ference between them is no more than a 
removal of the limitations upon the power 
of government which Locke had proposed. 
It is a removal at every point conditioned 
by the interest of the people. For Rous- 
seau declared that the existing distribu- 
tion of power in Europe was a monstrous 
thing, and he made the people sovereign 
that there might be no hindrance to their 
achievement in the shape of sinister in- 
terest. The powers of the people thus 
became their rights and herein was an un- 
limited sanction for innovation. It is 
easy enough then to understand why such 
a philosophy should have been anathema 
to Burke. Rousseau's eager sympathy for 
humble men, his optimistic faith in the 
immediate prospect of popular power 
were to Burke the symptoms of insane 
delusion imd their author "the great pro- 



166 ENGLISH POLITICAL THOUGHT 

f essor and founder of the philosophy of 
vanity in England." But Burke forgot 
that the real secret of Rousseau's influ- 
ence was the success of the American 
Revolution; and no one had done more 
than Burke himself to promote its cause 
and justify its principles. That revolu- 
tion established what Europe might well . 
consider a democracy; and its statesmen 
were astonished not less at the vigilance 
with which America guarded against the 
growth of autocratic government, than at 
the soberness with which it checked the 
supposed weakness of the sovereign 
people. America made herself inde- 
pendent while what was best in Europe 
combined in enthusiastic applause; and it 
seemed as though the maxims of Rousseau 
had been taken to heart and that a single, 
vigorous exertion of power could remove 
what deliberation was impotent to se- 
cm-e. Here Rousseau had a message for 
Great Britain which Burke at every stage 
denied. Nor, at the moment, was it in- 
fluential except in the general impetus it 
gave to thought. But from the moment 
of its appearance it is an undercurrent of 
decisive importance ; and while in its meta- 



SIGNS OF CHANGE 167 

physical form it failed to command ac- 
ceptance, in the hands of Bentham its 
results were victorious. Bentham differs 
from Rousseau not in the conclusions he 
recommends so much as in the language in 
which he clothes them. Either make a 
final end of the optimism of men like 
Hume and Blackstone, or the veneration 
for the past which is at the root of Burke's 
own teaching. 

It is easy to see why thought such as 
this should have given the stimulus it did. 
Montesquieu came to praise the British 
constitution at a time when good men were 
aghast at its perversion. There was no 
room in many years for revolution, but 
at least there was place for hearty discon- 
tent and a seeking after new methods. Of 
that temper two men so different as the 
elder Pitt and Wilkes are the political 
symbols. The former's rise to power upon 
the floodtide of popular enthusiasm meant 
nothing so much as a protest against the 
cynical corruption of the previous gener- 
ation. Wilkes was a sign that the popu- 
lace was slowly awaking to a sense of its 
own power. The French creed was too 
purely logical, too obviously the outcome 



168 ENGLISH POLITICAL THOUGHT 

of alien conditions, to fit in its entirety 
the English facts; and, it must be ad- 
mitted, memories of wooden shoes played 
not a little part in its rejection. The 
rights of man made only a partial appeal 
until the miseries of Pitt's wars showed 
what was involved in that rejection; and 
then it was too late. But no one could 
feel without being stirred the illumination 
of Montesquieu; and Rousseau's ques- 
tions, even if they proved unanswerable, 
were stuff for thought. The work of the 
I forty years before the French Revolution 
Ij is nothing so much as a preparation for 
ii Bentham. The torpor slowly passes. The 
theorists build an edifice each part of 
which a man whose passion is attuned to 
the English nature can show to be obso- 
lete and ugly. If the French thinkers had 
conferred no other benefit, that, at least, 
would have been a supreme achievement. 



II 

The first book to show the signs of 

change came in 1757. John Brown's Es- 

^ timate of the Manners and Principles of 

the Tinted is largely forgotten now; 



SIGNS OF CHANGE 169 

though it went through seven editions in 
a year and was at once translated into 
French. Brown was a clergyman, a minor 
planet in the vast Warburtonian system, 
who had already published a volume of 
comment upon the Characteristics of 
Shaftesbury. His book is too evidently 
modelled upon Montesquieu, whom he 
mentions with reverence, to make us doubt 
its derivation. There is the same reliance 
upon Livy and Machiavelli, the same at- 
tempt at striking generalization; though 
the argimient upon which Brown's con- 
clusions are based is seldom given, per- 
haps because his geometric clarity of 
statement impressed him as self-demon- 
strative. Brown's volumes are an essay 
upon the depravity of the times. He does 
not deny it humanitarianism, and a still 
lingering sense of freedom, but it is 
steeped in corruption and displays noth- 
ing so much as a luxurious and selfish 
effeminacy. He condemns the universities 
out of hand, in phrases which Gibbon and 
Adam Smith would not have rejected. 
He deplores the decay of taste and learn- 
ing. Men trifle with Hume's gay im- 
pieties, and could not, if they would. 



170 ENGLISH POLITICAL THOUGHT 

appreciate the great works of Bishop 
Warburton. Politics has become nothing 
save a means of promoting selfish in- 
terests. The church, the theatre, and the 
arts have all of them lost their former 
virtues. The neurotic temper of the times 
is known to all. The nation, as was shown 
in 1745, when a handful of Highlanders 
penetrated without opposition to the heart 
of the kingdom, has grown slack and cow- 
ardly. Gambling penetrates every nook 
and cranny of the upper class ; the oiBcers 
of the army devote themselves to fashion; 
the navy's main desire is for prize money. 
Even the domestic affections are at a low 
ebb ; and the grand tour brings back a new 
species of Italianate Englishman. The 
poor, indeed, the middle class, and the 
legal and medical professions. Brown 
specifically exempts from this indictment. 
But he emphasizes his belief that this is 
unimportant. "The manners and prin- 
ciples of those who lead," he says, "... 
not of those who are governed . . . will 
ever determine the strength or weakness, 
and therefore the continuance or dissolu- 
tion of a state." 
V This profligacy Brown compares to the 



SIGNS OF CHANGE 171 

languid vice which preceded the fall of 
Carthage and of Rome; and he sees the 
approaching ruin of Great Britain at the 
hands of France, unless it can be cured. 
So far as he has an explanation to offer, 
it seems to be the fault of Walpole, and 
the decay of religious sentiment. His 
remedy is only Bolingbroke's Patriot 
King, dressed up in the habit of the elder 
Pitt, now risen to the height of power. 
^Vhat mainly stirred Englishmen was the 
prophecy of defeat on the morrow of the 
disastrous convention of Kloster Seven; 
but when Wolfe and Clive repaired that 
royal humiliation Brown seems to have 
died a natural death. What is more in- 
teresting than his prophecies was the evi- 
dence of a close reading of Montesquieu. 
English liberty, he says, is the product of 
the climate ; a kind of mixture, it appears, 
of fog and sullen temper. Nations inev- 
itably decay, and the commercial grandeur 
of England is the symptom of old age ; it 
means a final departure from the sim- 
plicity of nature and breeds the luxury 
which kills by enervation. Brown has no 
passion, and his book reads rather like Mr. 
Galsworthy's Island Pharisees sufiiciently 



172 ENGLISH POLITICAL THOUGHT 

expurgated to be declaimed by a well-bred 
clergyman in search of preferment on the 
gromid of attention to the evils of his 
time. It describes midoubted facts, and 
it shows that the era of content has gone. 
But its careful periods and strangely far- 
off air lack the eagerness for truth which 
Rousseau put into his questions. Brown 
can neither explain nor can he profiFer 
remedy. He sees that Pitt is somehow 
significant; but when he rules out the 
popular voice as devoid of all importance, 
he deprives himself of the means whereby 
to grasp the meaning of the power that 
Pitt exerted. Nothing could prove more 
strongly the exactitude of Burke's Pres- 
ent Discontents. Nothing could better 
justify the savage indignation of Junius, 
Hume was the friend of Montesquieu, 
though twenty years his junior; and the 
Esprit des Lois travelled rapidly to Scot- 
land. There it caught the eye of Adam 
Ferguson, the author of a treatise on re- 
finement, and by the influence of Hume 
and Adam Smith, Professor of Moral 
Philosophy in the University of Edin- 
burgh. Ferguson seems to have been im- 
mensely pop\3ar in his time, and certainly 



SIGNS OP CHANGE 173 

he has a skill for polished phrase, and a 
genial paraphrase of other men's ideas. 
His Essay on the History of Civil So- 
ciety (1767), which in a quarter of a cen- 
tury went through six editions, was 
thought by Helvetius superior to Mon- 
tesquieu, though Hume himself, as always 
the incarnation of kindness, recommended 
its suppression. At least Ferguson read 
enough of Montesquieu to make some 
fluent generalities sound plausible. He 
knows that the investigation of savage life 
will throw some light upon the origins of 
government. He sees the folly of gen- 
eralizing easily upon the state of'naturie. 
He insists, probably after conversation 
with Adam Smith, upon the social value 
of the division of functions. He does not 
doubt the original equality of men. He 
thinks the luxury of his age has reached 
the limit of its useful growth. Property 
he traces back to a parental desire to make 
a better provision for children "than is 
found under the promiscuous manage- 
ment of many copartners." Climate has 
the new importance upon which Montes- 
quieu has insisted; or, at least, as it 
"ripens the pineapple and the tamarina/' 



174 ENGLISH POLITICAL THOUGHT 

so it "inspires a degree of mildness that 
can even assuage the rigours of despotieal 
government." The priesthood — this is 
Hume — becomes a separate influence 
under the sway of superstition. Liberty, 
he says, "is maintained by the continued 
differences and oppositions of numbers, 
not by their concurring zeal in behalf of 
equitable government." The hand that 
can bend Ulysses' bow is certainly not 
here ; and this pinchbeck Montesquieu can 
best be left in the obsciu'ity into which he 
has fallen. The Esprit des Lois took 
twenty years in writing ; and it needed the 
immense researches of men like Savigny 
before its significance could fully be 
grasped. Facile popularisers of this sort 
may have mollified the drawing-room; 
but they did not add to political ideas. 



Ill 

A more fertile source of inquiry was to 
be found among the students of constitu- 
tional law. Blackstone's Commentaries 
on the Laws of England (1765-9) has 
had ever since its first publication an au- 
thority such as Coke only before pos- 



SIGNS OP CHANGE 176 

sessed. "He it is," said Bentham, "who, 
first of all institutional writers, has taught 
jurisprudence to speak the language of 
the Scholar and the Gentleman." Cer- 
tainly, as Professor Dicey has remarked, 
"the book contains much real learning 
about our system of government." We 
are less concerned here with Blackstone as 
an antiquarian lawyer than as a student of 
political philosophy. Here his purpose 
seems obvious enough. The English con- 
stitution raised him from humble means 
through a Professorship at Oxford to a 
judgeship in the Court of Common Pleas. 
He had been a member of Parliament and 
refused the office of Solicitor-General. 
He had thus no reason to be dissatisfied 
with the conditions of his time ; and the 
first book of the Commentaries is nothing 
so much as an attempt to explain why 
English constitutional law is a miracle of 
wisdom. 

Constitutional law, as such, indeed, ^ 
found no place in Blackstone's book. It 
creeps in under the rights of persons, 
where he deals with the power of king and 
Parliament. His treatment implies a 
whole philosophy. Laws are of three ^ y 



176 ENGLISH POLITICAL THOUGHT 

kinds — of nature, of God, and of the civil 
^^jstate. Civil law, with which alone he is 
concerned, is "a rule of civil conduct pre- 
scribed by the supreme power in a state, 
commanding what is right and prohibiting 
what is wrong." It is, he tells us, "called 
a rule to distinguish it from a compact or 
agreement." It derives from the sov- 
ereign power, of which the chief character 
/ is the making of laws. Society is based 
; upon the "wants and fears" of men; and 
\ it is coeval with their origin. The idea of 
a state of nature "is too wild to be seri- 
ously admitted," besides being contrary 
to historical knowledge. Society implies 
government, and whatever its origins or 
its forms there "must be in all of them a 
supreme, irresistible, absolute, uncon- 
trolled authority, in which the jura summa 
imperii, or rights of sovereignty reside." 
The forms of government are classified in 
' the usual way; and the British constitu- 
tion is noted as a happy mixture of them 
all. "The legislature of the Kingdom," 
Blackstone writes, "is entrusted to three 
powers entirely independent of each 
other; first the King, secondly the lords 
spiritual and temporal, which is an aris- 



SIGNS OF CHANGE 177 

tocratical assembly of persons, chosen for 
their piety, their birth, their wisdom, their 
valour or their property ; and, thirdly, the 
House of Commons, freely chosen by the 
people from among themselves, which 
makes it a kind of democracy; and as this 
aggregate body, actuated by different 
springs and attentive to different in- 
terests, composes the British Parliament 
and has the supreme disposal of every- 
thing; there can be no inconvenience at- 
tempted by either of the three branches, 
but will be withstood by one of the other 
two ; each branch being armed with a nega- 
tive power, sufficient to repel any innova- 
tion which it shall think inexpedient or 
dangerous." It is in the king in Parlia- y 
ment that British sovereignty resides. 
Eschewing the notion of an original con- 
tract, Blackstone yet thinks that all the 
implications of it are secured. "The con- 
stitutional government of this island," he 
says, "is so admirably tempered and com- 
pounded, that nothing can endanger or 
hurt it, but destroying the equilibrium of 
power between one branch of the legisla- 
ture and the rest." 
All this is not enough; though, as 



SIGNS OF CHANGE 179 

William the Norman than to the back- 
stairs corruption of George III. The 
right of revolution is noted, with justice, 
as belonging to the sphere of morals 
rather than of law. 

"Its true defect,*' says Professor Dicey 
of the Commentaries, "is the hopeless 
confusion both of language and of 
thought introduced into the whole subject 
of constitutional law by Blackstone's 
habit — common to all the lawyers of his 
time — of applying old and inapplicable 
terms to new institutions." This is severe 
enough ; yet Blackstone's sins are deeper y 
than the criticism would suggest. He in- 
troduced into English political philosophy 
that systematic attention to forms instead 
of substance upon which the whole vicious 
theory of checks and balances was erected. 
He made no distinction between the un- 
limited sovereignty of law and the very 
obviously limited sovereignty of reality. 
He must have known that to talk of the 
independence of the branches of the legis- 
lature was simple nonsense at a time when 
King and peers competed for the control 
of elections to the House of Commons. 
His idealization of a peerage whose 



l^ 



/ 



180 ENGLISH POLITICAL THOUGHT 

typical spiritual member was Archbishop 
Cornwallis and whose temporal embodi- 
ment was the Duke of Bedford would not 
have deceived a schoolboy had it not pro- 
vided a bulwark against improvement. It 
was ridiculous to describe the Commons as 
representative of property so long as 
places like Manchester and Sheffield were 
virtually disfranchised. His picture of 
the royal prerogative was a portrait 
against every detail of which what was 
best in England had struggled in the pre- 
ceding century and a half. He has 
nothing to say of the cabinet, nothing of 
ministerial responsibility, nothing of the 
party system. What he did was to pro- 
duce the defence of a non-existent system 
which acted as a barrier to all legal, and 
much political, progress in the next half- 
century. He gave men material without 
cause for satisfaction. 

As a description of the existing govern- 
ment there is thus hardly an element of 
Blackstone's work which could stand the 
test of critical inquiry. But even worse 
was its philosophy. As Bentham pointed 
out, he was unaware of the distinction be- 
tween society and government. The state 



SIGNS OF CHANGE 181 

of nature exists, or fails to exist, with 
startling inconsistency. Blackstone, in 
fact, was a Lockian who knows that 
Hume and Montesquieu have cut the 
ground from under his master's feet, and 
yet cannot understand how, without him, a 
foundation is to be supplied. Locke, in- 
deed, seems to him, as a natural conserva- 
tive, to go too far, and he rejects the orig- 
inal contract as without basis in history; 
yet contractual notions- are present at 
every fundamental stage of his argument. 
The sovereign power, so we are told, is ir- 
resistible; and then because Blackstone is 
imcertain what right is to mean, we hear 
of moral limitations upon its exercise. He 
speaks continually of representation with- 
out any effort to examine into the notions 
it conveys. The members of society are 
held to be equal ; and great pains are taken 
to justify existent inequalities. "The 
natural foundations of sovereignty," he 
writes, "are the three great I'equisites 
... of wisdom, goodness and power." 
Yet there is nowhere any proof in his book 
that steps have been taken in the British 
Constitution to associate these with the 
actual exertion of authority. Nor has he 



182 ENGLISH POLITICAL THOUGHT 

clear notions of the way in which property 
is to be founded. Communism, he writes 
in seventeenth century fashion, is the in- 
stitution of the all-beneficent Creator who 
gave the earth to men; property comes 
when men occupy some special portion 
of the soil continuously or mix their 
labor with movable possessions. This is 
pure Locke ; though the conclusions drawn 
by Blackstone are utterly remote from the 
logical result of his own premises. 

The truth surely is that Blackstone had, 
upon all these questions, only the most 
confused sort of notions. He had to pref- 
ace his work with some sort of philo- 
sophic theory because the conditions of 
the age demanded it. The one source of 
enlightenment when he wrote was Hume ; 
but for some uncertain reason, perhaps his 
piety, Blackstone makes no reference to 
the great sceptic's speculations. So that 
he was driven back upon notions he felt to 
be false, without a proper realization of 
their falsity. His use of Montesquieu 
shows rather how dangerous a weapon a 
great idea can be in the hands of one in- 
competent to understand it, than the fer- 
tility it contained. The merit of Black- 



SIGNS OF CHANGE 183 

stone is his learning, which was substan- 
tial, his realization that the powers of law 
demand some classification, his dim yet 
constant sense that Montesquieu is right 
alike in searching for the roots of law in 
custom and in applying the historical 
method to his explanations. But as a 
thinker he was little more than an opti- 
mistic trifler, too content with the condi- 
tions of his time to question iti^ 
assumptions. 

De Lolme is a more interesting figure ; 
and though, as with Blackstone, what he 
failed to see was even more remarkable 
than what he did perceive, his book has ^ 
real ability and merit. De Lolme was a 
citizen of Geneva, who published his Con- 
stitution of England in 1775, after a J\ 
twelve months' visit to shores sufficiently 
inhospitable to leave him to die in ob- 
scurity and want. His book, as he tells us 
in his preface, was no mean success, 
though he derived no profit from it. Like 
Blackstone, he was impressed by the ne- 
cessity of obtaining a constitutional equi- 
librium, wherein he finds the secret of 
liberty. The attitude was not unnatural 

in one who^ with bis head full of Montes- 



184 ENGLISH POLITICAL THOUGHT 

quieu, was a witness of the struggle be- 
tween Junius and the King. He has, of 
course, the limitation common to all 
writers before Burke of thinking of gov- 
ernment in purely mechanical terms. "It 
is upon the passions of mankind," he says, 
"that is, upon causes which are unalter- 
able, that the action of the various parts of 
a state depends. The machine may vary 
as to its dimensions ; but its movement and 
acting springs still remain intrinsically 
the same." Elsewhere he speaks of gov- 
ernment as "a great ballet or dance in 
which . . . everything depends upon the 
disposition of the figures." He does not 
deal, that is to say, with men as men, but 
only as inert adjuncts of a machine by 
which they are controlled. Such an atti- 
tude is bound to suffer from the patent 
vices of all abstraction. It regards his- 
toric forces as distinct from the men re- 
lated to them. Every mob, he says, must 
have its Spartacus; every republic will 
tend to unstability. The English avoid 
these dangers by playing off the royal 
power against the popular. The King's 
interest is safeguarded by the division of 
Parliament into two Houses, each of 



SIGNS OF CHANGE 185 

which rejects the encroachment of the 
other upon the executive. His power is 
limited by parliamentary privilege, free- 
dom of the press, the right of taxation and 
so forth. The theory was not true ; though 
it represented with some accuracy the 
ideals of the time. 

Nor must we belittle what insight De 
Lolme possessed. He saw that the early 
concentration of power in the royal 
hands prevented the continental type of 
feudalism from developing in England; 
with the result that while French nobles 
were massacring each other, the English 
people could unite to wrest privileges 
from the superior power. He understood 
that one of the mainsprings of the system 
was the independence of the judges. He 
realized that the party-system — he never 
used the ac|;ual term — while it provides 
room for men's ambitions at the same time 
prevents the equation of ambition with in- 
dispensability. "Woe to him," says De 
Lolme, ". . . who should endeavor to 
make the people believe that their fate 
depends on the persevering virtue of a 
single citizen." He sees the paramount 
value of freedom of the press. This, as 



186 ENGLISH POLITICAL THOUGHT 

he says, with the necessity that members 
should be re-elected, "has delivered into 
the hands of the people at large the ex- 
ercise of the censorial power." He has 
no doubt but that resistance is the remedy 
whereby governmental encroachment can 
be prevented; "resistance," he says, "is 
the ultimate and lawful resource against 
the violences of power." He points out 
how real is the guarantee of liberty where 
the onus of proof in criminal eases is 
thrown upon the government. He re- 
gards with admiration the supremacy of 
the civil over the military arm, and the 
skillful way in which, contrary to French 
experience, it has been found possible to 
maintain a standing army without adding 
to the royal power. Nor can he fail to 
admire the insight which organizes "the 
agitation of the popular mind," not as 
"the forerunner of violent commotions 
but to "animate all parts of the state. 
Therein De Lolme had grasped the real 
essence of party government. 

It was, of course, no more than symp- 
tomatic of his time that cabinet and prime 
minister should have escaped his notice. 
I A more serious defect was his inability. 



99 



SIGNS OF CHANGE 187 

with the Wilkes contest prominently in 
his notice, to see that the people had as- 
sumed a new importance. For the masses, 
indeed, De Lolme had no enthusiasm. "A 
passive share,*' he thought, "was the only 
one that could, with safety to the state, be 
trusted" to the humble man. "The greater 
part," he wrote, "of those who compose 
this multitude, taken up with the care of 
providing for their subsistence, have 
neither sufficient leisure, nor even, in con- 
sequence of their imperfect education, the 
degree of information, requisite for func- 
tions of this kind." Such an attitude 
blinded him to the significance of the 
American conflict, which he saw im- 
attended by its moral implications. He 
trusted too emphatically to the power of 
mechanisms to realize that institutions 
which allowed of such manipulation as 
that of George III could not be satisfac- 
tory once the people had awakened to a 
sense of its own power. The real social 
forces of the time found there no channels 
of activity ; and the difference between De 
Ijolme and Bagehot is the latter's power 
to go behind the screen of statute to the 
inner sources of power. 



\ 



188 ENGLISH POLITICAL THOUGHT 

IV 

The basis of revolutionary doctrine was 
already present in England when, in 1762, 
Rousseau published his Contrat Social. 
With its fundamental doctrines Locke 
had already made his countrymen fa- 
miliar; and what was needed for the ap- 
preciation of its teaching was less a renais- 
sance than discontent. So soon as men are 
dissatisfied with the traditional founda- 
tions of the State, a gospel of nat- 
ural rights is certain to make its ap- 
pearance. And, once the design of 
George III had been made familiar by 
his treatment of Chatham and Wilkes, 
the discontent did not fail to show itself. 
Indeed, in the year before the publication 
of Rousseau's book, Robert Wallace, a 
Scottish chaplain royal, had written in his 
Various Prospects (1761) a series of es- 
says which are at once an anticipation of 
the main thesis of Malthus and a plea for 
the integration of social forces by which 
alone the mass of men could be raised 
from misery. In the light of later experi- 
ence it is difficult not to be impressed by 
the modernist flavour of Wallace's attack. 



SIGNS OF CHANGE 189 

He insists upon the capacity of men and 
the disproportion between their potential 
achievement and that which is secured by 
actual society. Men are in the mass con- / 
demned to ignorance and toil; and the^ 
lust of power sets man against his 
neighbor to the profit of the rich. Wallace 
traces these evils to private property and 
the individualistic organization of work, 
and he sees no remedy save community of 
possessions and a renovated educational 
system. Yet he does not conceal from 
himself that it is to the interest of the 
governing class to prevent a revolution 
which, beneficent to the masses, would be 
fatal to themselves; nor does he conceive 
it possible until the fertility of men has 
been reduced to the capacity of the soil. 
He speculates upon the chances of a new 
spirit among men, of an all-wise legis- 
lator, and of the beneficent example of 
colonies upon the later Owenite model. 
But his book is contemporaneous with our 
own ideas rather than with the thoughts of 
his generation. Nor does it seem to have 
excited any general attention. 

It is five years after Rousseau that we 
see the first dear signs of his influence. 



190 ENGLISH POLITICAL THOUGHT 

r~ KatuFally enough the men amongst whom 
1 Ihe? new spirit spread abroad were the 
^VjNi6iieoBf ormists. For more than seventy 
years: they had been allowed existence 
Wiittioutreoognition. None had more faith- 
fully: -supported the new dynasty than 
tbfty!) hfcJne had been paid less for their al- 
legiauee. Their utinost effort could secure 
only a Sparing mitigation of the Test Act. 
I J^l of ttiem were Whigs, and the doctrines 
^. X4bcke suited exactly their temper and 
their wants. There were amongst them 
able men in every walk of life, and they 
were apt to publication. Joseph Priestley, 
inf {Particular, gave up with willingness to 
mankind what was obviously meant for 
chi^mical science. A few years previously 
Brown of the Estimate had submitted a 
scheme for national education, in which 
the essential principle was Church con- 
, troL ^Priestley had answered him, and 
was encouraged by friends to expand his 
V argvmient into a general treatise. His 
^ Essay on the First Principles of Govern- 
ment appeared in 1768; and, if for 
nothing else, it would be noteworthy be- 
cause it was therein that the significance 
of the "greatest happiness principle" first 



SIGNS OF CHANGE 191 

flashed across Bentham's mind. But the 
book shows more than this. "I had 
placed/' says Priestley with due modesty, 
"the foundation of some of the most valu- 
able interests of mankind on a broader and 
firmer basis than Mr. Locke"; and the 
breadth and firmness are Rousseau's con- 
tribution. 

Certainly we herein meet new elements. 
On the very threshold of the book we meet 
thfe dogma qf the perfectibility of man. 
"Whatever," Priestley rhapsodizes, "was 
the beginning of this world, the end will 
be glorious and paradisaical, beyond what 
our imaginations can now conceive." 
"The instrument of this progress ... 
towards this glorious state" is govern- 
ment ; though a little later we are to find 
that the main business of government is 
noninterference. Men are all equal, and 
their natural rights are indefeasible. Gov- 
ernment must be restrained in the in- 
terests of liberty. No man can be gov- 
erned without his consent ; for government 
is founded upon a contract by which civil 
liberty is surrendered in exchange for a 
power to share in public decisions. It 
thus follows that the people must be sov- 



192 ENGLISH POLITICAL THOUGHT 

j ereign, and interference with their natural 
V rights will justify resistance. Every gov- 
' emment, he says, is "in its original prin- 
ciples, and antecedent to its present form 
an equal republic"; wherefore, of course, 
it follows that we must restore to men the 
equality they have lost. And, equally, of 

I course, this would bestow upon the Non- 
conformists their full citizenship ; for 
/ Warburton's Alliance, to attack which 
\ Priestley exhausts all the resoiu'ces of his 
ingenuity, has been one of the main in- 
struments in their degradation. "Un- 
bounded liberty in matters of religion," 
which means the abolition of the Estab- 
lishment, promises to be "very favorable 
to the best interests of mankind." 

So far the book might well be called an 
edition of Rousseau for English Non- 
conformists; but there are divergences of 
import. It can never be forgotten in the 
history of political ideas that the alliance 
of Church and State made Nonconform- 
ists suspicious of government interference. 
Their original desire to be left unimpeded 
was soon exalted into a definite theory; 
and since political conditions had confined 
them so largely to trade none felt as they 



SIGNS OF CHANGE 193 

did the hampering influence of State- 
restrictions. The result has been a great 
difiiculty in making liberal doctrines in 
England realize, until after 1870, the or- 
ganic nature of the State. It remains for 
them almost entirely a police institution 
which, once it aims at the realization of 
right, usurps a function far better per- 
formed by individuals. There is no sense 
of the community ; all that exists is a sum 
of private sentiments. "Civil liberty," 
says Priestley, "has been greatly impaired 
by an abuse of the maxim that the joint 
understanding of all the members of a 
State, properly collected, must be prefer- 
able to that of individuals ; and conse- 
quently that the more the cases are in 
which mankind are governed by this 
united reason of the whole community, so 
much the better; whereas, in truth, the 
greater part of human actions are of such 
a nature, that more inconvenience would 
follow from their being fixed by laws than 
from their being left to every man's ar- 
bitrary will." If my neighbor assaults 
me, he suggests, I may usefully call in the 
police; but where the object is the dis- 
covery of truth, the means of education, 



\ 



194. ENGLISH POLITICAL THOUGHT 

the method of religious belief, individual 
initiative is superior to State action. The 
latter produces an uniform result "incom- 
patible with the spirit of discovery." Nor 
is such attempt at uniform conditions just 
to posterity ; men have no natural right to 
judge for the future. Men are too ig- 
norant to fix their own ideas as the basis 
of all action. 

Priestley could not escape entirely the 
bondage of past tradition; and the meta- 
physics which Bentham abhorred are 
scattered broadcast over his pages. 
Nevertheless the basis upon which he de- 
fended his ideas was a utilitarianism 
hardly less complete than that which 
Bentham made the instrument of revolu- 
tion. "Regard to the general good," he 
says, "is the main method by which 
natural rights are to be defended." "The 
good and happiness of the members, that 
is, the majority of the members of any 
State, is the great standard by which 
everything relating to that state must 
finally be determined." In substance, 
that is to say, if not completely in theory, 
we pass with Priestley from arguments of 
right to those of expediency. His chief 



SIGNS OF CHANGE 195 

attack upon religious legislation is simi- 
larly based upon considerations of policy. 
His view of the individual as a never-end- 
ing source of fruitful innovation antici- 
pates all the later Benthamite arguments 
about the well-spring of individual 
energy. Interference and stagnation are 
equated in exactly similar fashion to 
Adam Smith and his followers. Priestley, 
of course, was inconsistent in urging at 
the outset that government is the chief in- 
strument of progress; but what he seems 
to mean is less that government has the 
future in its hands than that government 
action may well be decisive for good or 
evil. Typical, too, of the later Ben- 
thamism is his glorification of reason as 
the great key which is to unlock all doors. 
That is, of course, natural in a scientist 
who had himself made discoveries of vital 
import ; but it was characteristic also of a 
school which scanned a limitless horizon 
with serene confidence in a future of un- 
bounded good. Even if it be said that 
Priestley has all the vices of that rational- 
ism which, as with Bentham, over- 
simplifies every problem it encounters, it 
is yet adequate to retort that a confidence 



196 ENGLISH POLITICAL THOUGHT 

in the energies of men was better than the 
complacent stagnation of the previous 
age. 

It is difficult to measure the precise in- 
fluence that Priestley exerted; certainly 
among Nonconformists it cannot have 
been small. Dr. Richard Price is a lesser 
figure; and much of the standing he might 
have had has been obliterated by two im- 
fortunate incidents. His sinking-fimd 
scheme was taken up by the younger Pitt, 
and proved, though the latter believed in 
it to the last, to be founded upon an arith- 
metical fallacy which did not sit well upon 
af ellow of the Royal Society. His sermon 
on the French Revolution provoked the 
He flections of Burke; and, though much 
of the right was on the side of Price, it can 
hardly be said that he survived Burke's 
onslaught. Yet he was a considerable 
figure in his day, and he shows, like 
Priestley, how deep-rooted was the Eng- 
lish revolutionary temper. He has not, 
indeed, Priestley's superb optimism; for 
the rigid a priori morality of which he was 
the somewhat muddled defender was less 
favorable to a confidence in reason. He 
had a good deal of John Brown's fear that 



SIGNS OF CHANGE 197 

luxury was the seed of English degenera- 
tion ; the proof of which he saw in the de- 
cline of the population. His figures, in 
fact, were false ; but they were unessential 
to the general thesis he had to make. 

Price, like Priestley a leading Noncon- 
formist, was stirred to print by the Ameri- 
can Revolution ; and if his views were not 
widely popular, his Observations on the 
Nature of Civil Liberty (1776) attained 
its eighth edition within a decade. This, 
with its supplement Additional Observa- 
tions ( 1777 ) , presents a perfectly coherent 
theory. Nor is their ancestry concealed. 
They represent the tradition of Lockcy 
modified by the importations of Rousseau. 
Price owes much to Priestley and to 
Hume, and he takes sentences from Mon- 
tesquieu where they aid him. But he has I 
little or nothing of Priestley's utilitari- 
anism and the whole argument is upon 
the abstract basis of right. Liberty means 
self-government, and self-government 
means the right of every man to be his 
own legislator. Price, with strict logic, 
follows out this doctrine to its last con- 
sequence. Taxes become "free gifts for 
public services" ; laws are "particular pro- 




198 ENGLISH POLITICAL THOUGHT 

visions or regulations established by 
Common Consent for gaining protection 
and safety"; magistrates are "trustees or 
deputies for carrying these regulations 
into execution." And almost in the words 
of Rousseau, Price goes on to admit that 
liberty, "in its most perfect degree, can be 
enjoyed only in small states where every 
independent agent is capable of giving his 
suffrage in person and of being chosen 
into public offices." He knows that large 
States are inevitable, though he thinks that 
representation may be made so adequate 
as to minimize the sacrifice of liberty in- 
volved. 

But the limitation upon government is 
everywhere emphasized. "Government," 
he says, " . . . is in the very nature of it a 
trust ; and all its powers a Delegation for 
particular ends." He rejects the theory 
of parhamentary sovereignty as incom- 
patible with self-government; if the 
Parliament, for instance, prolonged its 
life, it would betray its constituents and 
dissolve itself. "If omnipotence," he 
writes, "can with any sense be ascribed to 
a legislature, it must be lodged where all 
legislative authority originates ; that is, in 



SIGNS OF CHANGE 199 

the People." Such a system is alone com- 
patible with the ends of government, since 
it cannot be supposed that men "combine 
into communities and institute govern- 
ment" for self -enslavement. Nor is any- 
other political system "consistent with the 
natural equality of mankind"; by which 
Price means that no man "is constituted 
by the author of nature the vassal or sub- 
ject of another, or has any right to give 
law to him, or, without his consent, to take 
away any part of his property or to 
abridge him of his liberty." From all of 
which it is concluded that liberty is in- 
alienable; and a people which has lost it 
"must have a right to emancipate them- 
selves as soon as they can." The aptness 
of the argument to the American situation 
is obvious enough; and nowhere is Price 
more happy or more formidable than 
when he applies his precepts to phrases 
like "the unity of the empire" and the 
"honor of the kingdom" which were so 
freely used to cover up the inevitable re- 
sults of George's obstinacy. 

The Essay on the Right of Property in 
Land (1781) of William Ogilvie deserves 
at least a passing notice. The author, who 



200 ENGLISH POLITICAL THOUGHT 

published his book anonymously, was a 
Professor of Latin in the University of 
Aberdeen and an agriculturist of some 
success. His own career was distinctly 
honorable. The teacher of Sir James 
Mackintosh, he had a high reputation as 
a classical scholar and deserves to be re- 
membered for his effort to reform, a col- 
lege which had practically ceased to 
perform its proper academic functions. 
His book is virtually an essay upon the 
natural right of men to the soil. He does 
not doubt that the distress of the times is 
due to the land monopoly. The earth 
being given to men in common, its in- 
vasion by private ownership is a danger- 
ous perversion. Men have the right to 
the full product of their labor; but the 
privileges of the landowner prevent the 
enjoyment of that right. The primary 
duty of every State is the increase of pub- 
lic happiness; and the happiest nation is 
that which has the greatest number of 
free and independent cultivators. But 
governments attend rather to the interest 
of the higher classes, even while they hold 
out the protection of the common people 
as the main pretext of their authority. 



SIGNS OF CHANGE 201 

The result is their maintenance of land- 
monopoly even though it affects the prime 
material of all essential industries, pre- 
vents the growth of population, and 
makes the rich wealthier at the expense of 
the poor. It breeds oppression and ig- 
norance, and poisons improvement by 
preventing individual initiative. He 
points out how a nation is dominated by 
its landlords, and how they have consis- 
tently evaded the fiscal burdens they 
should bear. Only in a return to a nation 
of freeholders can Ogilvie see the real 
source of an increase in happiness. 

Such criticism is revolutionary enough, 
though when he comes to speak of actual 
changes, he had little more to propose 
than a system of peasant proprietorship. 
What is striking in the book is its sense of I 
great, impending changes, its thorough! 
grasp of the principle of utility, its reali-j v 
zation of the immense agricultural im-' 
provement that is possible if the landed 
system can be so changed as to bring into 
play the impulses of humble men. He 
sees clearly enough that wealth domi- 
nates the State; and his interpretation of 
history is throughout economic. Ogilvie 



202 ENGLISH POLITICAL THOUGHT 

^ is one of the first of those agrarian So- 
cialists who, chiefly through Spence and 
Paine, are responsible for a special cur- 
rent of their own in the great tide of pro- 
test against the unjust situation of labor. 
Like them, he builds his system upon 
natural rights; though, unlike them, his 
natural rights are defended by expediency 
and in a style that is always clear and 
logical. The book itself has rather a curi- 
ous history. At its appearance, it seems 
to have excited no notice of any kind. 
Mackintosh knew of its authorship; for 
he warned its author against the amiable 
delusion that its excellence would per- 
suade the British government to force a 
system of peasant proprietorship upon the 
East India Company. Reprinted in 1838 
as the work of John Ogilby, it was in- 
tended to instruct the Chartists in the 
secret of their oppression; and therein it 
may well have contributed to the tragi- 
comic land-scheme of Feargus O'Connor. 
In 1891 the problem of the land was again 
eagerly debated under the stimulus of Mr. 
Henry George; and a patriotic Scotch- 
man published the book with biographical 
notes that constitute one of the most 



SIGNS OF CHANGE 203 

amazing curiosities in English political 
literature. 



Against the school of Rousseau's Eng- 
lish disciples it is comparatively easy to 
multiply criticisms. They lacked any his- 
toric sense. Government, for them, was 
simply an instrument which was made and 
unmade at the volition of men. How com- 
plex were its psychological foundations 
they had no conception; with the single 
factor of consent they could explain the 
most marvellous edifice of any time. They 
were buried beneath a mountain of meta- 
physical right which they never related to 
legal facts or to political possibihty. They 
pursued relentlessly the logical conclu- 
sions of the doctrines they abhorred with- 
out being willing carefully to investigate 
the results to which their own doctrines in 
logic led. They overestimated the extent 
to which men are willing to occupy them- 
selves with political affairs. They made 
no proper allowance for the protective 
armour each social system must acquire by 
the mere force of prescription. Nor is 



204. ENGLISH POLITICAL THOUGHT 

there sufficient allowance in their attitude 
for those limiting conditions of circum- 
stance of which every statesman must of 
necessity take account. They occupy 
themselves, that is to say, so completely 
with staatslehre that they do not admit the 
mollifying influence of politik. They 
search for principles of universal right, 
without the perception that a right which 
is to be universal must necessarily be so 
general in character as to be useless in its 
application. 

Yet such defects must not blind us to 
the general rightness of their insight. 
They were protesting against a system 
strongly upheld on grounds which now 
appear to have been simply indefensible. 
The business of government had been 
made the private possession of a privi- 
leged class; and eagerness for desirable 
change was, in the mass, absent from the 
minds of most men engaged in its direc- 
tion. The loss of America, the heartless 
treatment of Ireland, the unconstitutional 
practices in the Wilkes affair, the 
heightening of corruption undertaken by 
Henry Fox and North at the direct in- 
stance of the king, had blinded the eyes of 



206 ENGLISH POLITICAL THOUGHT 

the fortunes of Europe and America be- 
fore they would give serious heed; and 
even then they met antagonism with 
nothing save oppression and hate. Yet 
the doctrines remained ; for thought, after 
all, is killed by reasoned answer alone. 
And when the first gusts of war and revo- 
lution had passed, the cause for which they 
stood was found to have permeated all 
classes save that which had all to lose by 
learning. 

We must not, however, commit the 

j error of thinking of Price and Priestley as 
representing more than an important seg- 
ment of opinion. The opposition to their 
! theories was not less articulate than their 
own defence of them. Some, like Burke, 
desired a purification of the existing sys- 
tem ; others, like Dr. Johnson, had no sort 
of sympathy with new-fangled ideas. One 
thinker, at least, deserves some mention 
less for the inherent value of what he had 
to say, than for the nature of the opinions 

"^ he expounded. Josiah Tucker, the Dean 
of Gloucester, has a reputation alike in 
political and economic enquiry. He rep- 
resents the sturdy nationalism of Arbuth- 
not's John Bull, the unreasoned preju- 



SIGNS OF CHANGE 207 

dice against all foreigners, the hatred of 
all metaphysics as inconsistent with 
common sense, the desire to let things be 
on the ground that the effort after change 
is worse than the evil of which men com- . 
plain. His Treatise on Civil Government \f 
( 1781 ) is in many ways a delightful book, 
bluff, hardy, full of common sense, with, 
at times, a quaint humor that is all its own. 
He had really two objects in view; to deal, 
in the first place, faithfully with the 
American problem, and, in the second, to 
explode the new bubble of Rousseau's fol- 
lowers. The second point takes the form 
of an examination of Locke, to whom, as 
Tucker shrewdly saw, the theories of the 
school may trace their ancestry. He an- 
alyses the theory of consent in such 
fashion as to show that if its adherents 
could be persuaded to be logical, they 
would have to admit themselves an- 
archists. He has no sympathy with the 
state of nature; the noble savage, on in- 
vestigation, turns out to be a barbaric 
creature with a club and scalping knife. 
Government, he does not doubt, is a trust, 
or, as he prefers, somewhat oddly, to call 
it, a quasi-contract ; but that does not mean 



208 ENGLISH POLITICAL THOUGHT 

that the actual governors can be dismissed 
when any eccentric happens to take ex- 
ception to their views. He has no sym- 
pathy with parliamentary reform. Give 
Ithe mob an increase of power, he says, and 
nothing is to be expected but outrage and 
violence. He thinks the constitution very 
well as it is, and those who preach the evils 
of corruption ought to prove their charges 
instead of blasphemously asserting that 
the voice of the people is the voice of God. 
Upon America Tucker has doctrines all 
his own. He does not doubt that the 
Americans deserve the worst epithets that 
can be showered upon them. Their right 
to self-government he denied as stoutly as 
ever George III himself could have de- 
sired. But not for one moment would he 
fight them to compel their return to 
British allegiance. If the American col- 
onies want to go, let them by all means 
cut adrift. They are only a useless source 
of expenditure. The trade they represent 
does not depend upon allegiance but upon 
wants that England can supply if she 
keeps shop in the proper way, if, that is, 
she makes it to their interest to buy in her 
market. Indeed, colonies of all kinds 



SIGNS OF CHANGE 209 

seem to him quite useless. They ever are, 
he says, and ever were, "a drain to and an 
incumbrance on the Mother-country, re- 
quiring perpetual and expensive nursing 
in their infancy, and becoming headstrong 
and ungovernable in proportion as thej?- 
grow up." All wise relations depend upon 
self-interest, and that needs no compul- 
sion. If Gibraltar and Port Mahon and 
the rest were given up, the result would 
be "multitudes of places . . . abolished, 
jobs and contracts effectually pre- 
vented, millions of money saved, universal 
industry encouraged, and the influence of 
the Crown reduced to that mediocrity it 
ought to have." Here is pure Manches- 
terism half -a-century before its time ; and 
one can imagine the good Dean crustily 
explaining his notions to the merchants of 
Bristol who had just rejected Edmund 
Burke for advocating free trade with Ire- 
land. 

No word on Toryism would be com- 
plete without mention of Dr. Johnson, y 
Here, indeed, we meet less witlTopihion 
than with a set of gloomy prejudices, ac- 
ceptable only because of the stout honesty 
of the source from which they come. He 



210 ENGLISH POLITICAL THOUGHT 

thought life a poor thing at the best and 
took a low view of human nature. "The 
notion of liberty," he told the faithful 
Boswell, "amuses the people of England 
and helps to keep off the tedium vitae/^ 
The idea of a society properly organized 
into ranks and societies he always es- 
teemed highly. "I am a friend to sub- 
ordination," he said, "as most conducive 
to the happiness of society." He was a 
Jacobite and Tory to the end. Whiggism 
was the offspring of the devil, the "nega- 
tion of all principle" ; and he seems to have 
implied that it led to atheism, which he 
regarded as the worst of sins. He did not 
believe in the honesty of republicans ; they 
levelled down, but were never inclined to 
level up. Men, he felt, had a part to act 
in society, and their business was to fulfil 
their allotted station. Rousseau was a 
very bad man: "I would sooner sign a 
sentence for his transportation than that 
of any fellow who has gone from the Old 
Bailey these many years." Political lib- 
erty was worthless; the only thing worth 
while was freedom in private concerns. 
He blessed the government in the case of 
general warrants and thought the power 



SIGNS OF CHANGE 211 

of the Crown too small. Toleration he 
considered due to an inapt distinction be- 
tween freedom to think and freedom to 
talk, and any magistrate "while he thinks 
himself right . . . ought to enforce what 
he thinks." The American revolt he as- 
cribed to selfish faction ; and in his Tcuva- \^ 
Hon no Tyranny (1775) he defended the 
British government root and branch upon 
his favorite ground of the necessity of 
subordination. He was willing, he said, 
to love all mankind except an American. 
Yet Dr. Johnson was the friend of 
Burke, and he found pleasure in an ac- 
quaintance with Wilkes. Nor, in all his 
admiration for rank and fortune, is there 
a single element of meanness. The man 
who wrote the letter to Lord Chesterfield 
need never fear the charge of abasement. 
He knew that there was* "a remedy in 
human nature that will keep us safe under 
every form of government." He defined 
a courtier in the Idler as one "whose busi- 
ness it is to watch the looks of a being 
weak and foolish as himself." Much of 
what he felt was in part a revolt against 
the sentimental aspect of contemporary 
liberalism, in part a sturdy contempt for 



212 ENGLISH POLITICAL THOUGHT 

the talk of degeneracy that men such as 
Brown had made popular. There is, in- 
deed, in all his political observations a 
V strong sense of the virtue of order, and a 
I perception that the radicalism of the time 
was too abstract to provide an adequate 
basis for government. Here, as elsewhere, 
Johnson hated all speculation which raised 
the fundamental questions. What he did 
not see was the important truth that in no 
age are fundamental questions raised save 
where the body politic is diseased. Rous- 
seau and Voltaire, even Priestley and 
Price, require something more for answer 
than unreasoned prejudice. Johnson's 
attitude would have been admirable where 
there were no questions to debate; but 
where Pelham ruled, or Grenville, or 
North, it had nothing to contribute. 
Thought, after all, is the one certain 
weapon of utility in a different and com- 
plex world; and it was because the age 
refused to look it in the face that it in- 
vited the approach of revolution. 



CHAPTER VI 

BURKE 



It is the special merit of the English 
constitutional system that the king stands 
outside the categories of political conflict. 
He is the dignified emollient of an or- 
ganized quarrel which, at least in theory, 
is due to the clash of antagonistic prin- 
ciple. The merit, indeed, is largely acci- 
dental ; and we shall miss the real fashion 
in which it came to be established unless 
we remark the vicissitudes through which 
it has passed. The foreign birth of the 
first two Hanoverians, the insistent wid- 
owhood of Queen Victoria, these rather 
than deliberate foresight have secured the 
elevated nullification of the Crown. Yet 
the first twenty-five years of George Ill's 
reign represent the deliberate effort of an 
obstinate man to stem the progress of fifty 
years and secure once more the balance of 



214 ENGLISH POLITICAL THOUGHT 

power. Nor was the effort defeated with- 
out a struggle which went to the root of 
constitutional principle. 

And George III attempted the realiza- 
tion of his ambition at a time highly favor- 
able to its success. Party government had 
lost much credit during Walpole's admin- 
istration. Men like Bolingbroke, Carteret 
and the elder Pitt were all of them dis- 
satisfied with a system which depended for 
its existence upon the exclusion of able 
men from power. A generation of cor- 
rupt practice and the final defeat of 
Stuart hopes had already deprived the 
Whigs of any special hold on their past 
ideals. They were divided already into 
factions the purpose of which was no more 
than the avid pursuit of place and pension. 
Government by connection proved itself 
irreconcilable with good government. But 
it showed also that once corruption was 
centralized there was no limit to its influ- 
ence, granted only the absence of great 
questions. When George III transferred 
that organization from the office of the 
minister to his own court, there was al- 
ready a tolerable certainty of his success. 
For more than forty years the Tories had 



BtFRKE 215 

been excluded from office; and they were 
more than eager to sell their support. The 
Church had become the creature of the 
State. The drift of opinion in continental 
Europe was towards benevolent des- 
potism. The narrow, obstinate and un- 
generous mind of George had been fed on 
high notions of the power he might exert. 
He had been taught the kingship of Bo- 
lingbroke's glowing picture ; and a reading 
in manuscript of the seventh chapter of 
Blackstone's first book can only have con- 
firmed the ideals he found there. Nor 
was it obvious that a genuine kingship 
would have been worse than the oligarchy 
of the great Whig families. 

What made it worse, and finally im- 
possible, was the character of the king. 
The pathetic circumstances of his old age 
have combined somewhat to obscure the 
viciousness of his maturity. He was ex- 
cessively ignorant and as obstinate as ar- / 
bitrary. He trusted no one but himself, 
and he totally misunderstood the true na- 
ture of his office. There is no question 
which arose in the first forty years of his 
reign in which he was not upon the wrong 
side and proud of his error. He was* 



\ 



216 ENGLISH POLITICAL THOUGHT 

wrong about Wilkes, wrong about 
America, wrong about Ireland, wrong 
about France. He demanded servants in- 
stead of ministers. He attacked every 
measure for the purification of the po- 
litical system. He supported the Slave 
trade and he opposed the repeal of the 
Test Act. He prevented the grant of 
Catholic emancipation at the one moment 
when it might have genuinely healed the 
wounds of Ireland. He destroyed by his 
perverse creations the value of the House 
of Lords as a legislative assembly. He 
was clearly determined to make his will 
the criterion of policy; and his design 
might have succeeded had his ability and 
temper been proportionate to its great- 
ness. It was not likely that the mass of 
men would have seen with regret the de- 
struction of the aristocratic monopoly in 
politics. The elder Pitt might well have 
based a ministry of the court upon a broad 
bottom of popularity. The House of 
Commons, as the event proved, could be 
as subservient to the king as to his 
minister. 

Yet the design failed; and it failed be- 
cause, with characteristic stupidity, the 



BURKE 217 

king did not know the proper instruments xy 
for his purpose. Whatever he touched he 
mismanaged. He aroused the suspicion of 
the people by enforcing the resignation of 
the elder Pitt. In the Wilkes affair he 
threw the clearest light of the century 
upon the true nature of the House of 
Commons. His own system of proscrip- 
tion restored to the Whig party not a little 
of the idealism it had lost; and Burke 
came to supply them with a philosophy. 
Chatham remained the iddj of the people 
despite his hatred. He raised Wilkes to 
be the champion of representative govern- 
ment and of personal liberty. He lost 
America and it was not his fault that Ire- 
land was retained. The early popularity 
he received he never recovered imtil in- 
creasing years and madness had made him 
too pathetic for dislike. The real result 
of his attempt was to compel attention 
once again to the foundations of politics; - 
and George's effort, in the light of his 
immense failures, could not, in the nature 
of things, survive that analysis. 

Not, of course, that George ever lacked 
defenders. As early as 1761, the old rival 
of Walpole, Pulteney, whom a peerage 



218 ENGLISH POLITICAL THOUGHT 

had condemned to obsolescence, published 
his Seasonable Hints from an Honest 
Man on the new Reign. Pulteney urged 
the sovereign no longer to be content with 
the "shadow of royalty." He should use 
his "legal prerogatives" to check "the il- 
legal claims of factious oligarchy." Gov- 
ernment had become the private posses- 
sion of a few powerful men. The king 
was but a puppet in leading strings. The 
basis of government should be widened, 
for every honest man was ^ware that dis- 
tinctions of party were now merely nom- 
inal. The Tories should be admitted to 
place. They were now friendly to the 
accession and they no longer boasted their 
hostility to dissent. They knew that Tol- 
eration and the Establishment were of the 
essence of the Constitution. Were once 
the Whig oligarchy overthrown, corrup- 
tion would cease and Parliament could no 
longer hope to dominate the kingdom. 
"The ministers," he said, "will depend on 
the Crown not the Crown on ministers" 
if George but showed "his resolution to 
break all factitious connections and con- 
federacies." The tone is Bolingbroke's, 
and it was the lesson George had. insist- 



BURKE 219 

ently heard from early youth. How sin- 
ister was the advice, men did not see imtil 
the elder Pitt was in political exile, with 
Wilkes an outlaw, and general warrants 
threatenmg the whole basis of past lib- 
erties. 

The first writer who pointed out in im- 
mistakable terms the meaning of the new 
synthesis was Junius. That his anonym- 
ity concealed the malignant talent of Sir 
Philip Francis seems now beyond denial. 
Jimius, indeed, can hardly claim a place 
in the history of political ideas. His 
genius lay not in the discussion of prin- 
ciple but the dissection of personality. 
His power lay in his style and the knowl- 
edge that enabled him to inform the gen- 
eral public of facts which were the private 
possession of the inner political circle. 
His mind was narrow and pedantic. He 
stood with Grenville on American taxa- 
tion; and he maintained without perceiv- 
ing what it meant that a nomination 
borough was a freehold beyond 'the com- 
petence of the legislature to abolish. He 
was never generous, always abusive, and 
truth did not enter into his calculations. 
But he saw with unsurpassed clearness 



I 



\l 



220 ENGLISH POLITICAL THOUGHT 

the nature of the issue and he was a power- 
ful instrument in the discomfiture of the 
king. He won a new audience for po- 
litical conflict and that audience was the 
|imenfranchised populace of England. 
His letters, moreover, appearing as they 
did in the daily journals gave the press a 
significance in politics which it has never 
lost. He made the significance of George's 
effort known to the mass of men at a time 
when no other means of information was 
at hand. The opposition was divided ; the 
king's friends were in a vast majority; the 
publication of debates was all but impos- 
sible. English government was a secret 
conflict in which the entrance of spec- 
tators was forbidden even though they 
were the subjects of debate. It was the 
glory of Junius that he destroyed that 
system. Not even the combined influence 
of the Crown and Commons, not even 
Lord Mansfield's doctrine of the law of 
libel, could break the power of his vituper- 
ation and Wilkes' courage. Bad men 
have sometimes been the instruments of 
noble destiny; and there are few more 
curious episodes in English history than 
the result of this alliance between revenge- 
ful hate and insolent ambition. 



BURKE 221 



II 



Yet, in the long run, the real weapon ^ 
which defeated George was the ideas of 
Edmund Burke; for he gave to the po- j \/ 
litical conflict its real place in philosophy. 
There is no immortality save in ideas ; and 
it was Burke who gave a permanent form 
to the debate in which he was the liberal 
protagonist. His career is illustrative at 
once of the merits and defects of English 
politics in the eighteenth century. The 
son of an Irish Protestant lawyer and a 
Catholic mother, he served, after learning 
what Trinity College, Dublin, could offer 
him, a long apprenticeship to politics in 
the upper part of Grub Street. The story 
that he applied, along with Hume, for 
Adam Smith's chair at Glasgow seems 
apocryphal; though the Dissertation on 
the Sublime and the Beautiful (1756) 
shows his singular fitness for the studies 
that Hutcheson had made the special pos- 
session of the Scottish school. It was in 
Grub Street that he appears to have at- 
tained that amazing amount of varied yet 
profound knowledge which made him 
without equal in the House of Commons. 



222 ENGLISH POLITICAL THOUGHT 

His earliest production was a Vindication 
of Natural Society (1756) , written in the 
manner of Lord Bolingbroke, and suc- 
cessful enough in its imitative satire not 
only to deceive its immediate public, but 
also to become the basis of Godwin's Po- 
litical Justice. After a vain attempt to 
serve in Ireland with "Single- Speech" 
Hamilton, he became the private secretary 
to Lord Rockingham, the leader of the 
one section of the Whig party to which an 
honorable record still remained. That 
connection secured for him a seat in 
Parliament at the comparatively late age 
of thirty-six; and henceforward, until his 
death in 1797, he was among its leading 
members. His intellectual pre-eminence, 
indeed, seems from the very outset to have 
been recognized on all hands; though he 
was still, in the eyes of the system, enough 
of an outsider to be given, in the short 
months during which he held office, the 
minor office of Paymaster-General, with- 
out a seat in the Cabinet. The man of 
whom all England was the political pupil 
was denied without discussion a place at 
the council board. Yet when Fox is little 
more than a memory of great lovableness 



BURKE 223 

and Pitt a marvellous youth of apt quo- 
tations, Burke has endured as the perma- 
nent manual of political wisdom without ^ 
which statesmen are as sailors on an un- 
charted sea. 

For it has been the singular good for- 
tune of Burke not merely to obtain ac- 
ceptance as the apostle of philosophic f 
conservatism, but to give deep comfort to 
men of liberal temper. He is, indeed, a / 
singularly lovable figure. "His stream 
of mind is perpetual," said Johnson; and 
Goldsmith has told us how he wound his 
way into a subject like a serpent. 
Macaulay thought him the greatest man 
since Milton, Lord Morley the "greatest 
master of civil wisdom in our tongue." 
^'No English writer," says Sir Leslie 
Stephen, "has received or has deserved 
more splendid panegyrics." Even when 
the last criticism has been made, detrac- 
tion from these estimates is impossible. It 
is easy to show how irritable and violent 
was his temperament. There is evidence 
and to spare of the way in which he al- 
lowed the spirit of party to cloud his judg- 
ment. His relations with Lord Chatham 
give lamentable proof of the violence of 



224 ENGLISH POLITICAL THOUGHT 

his personal antipathies. As an orator, 
his speeches are often turgid, wanting in 
self-control, and full of those ample di- 
gressions in which Mr. Gladstone de- 
lighted to obscure his principles. Yet the 
irritation did not conceal a magnificent 
loyalty to his friends, and it was in his 
days of comparative poverty that he 
shared his means with Barry and with 
Crabbe. His alliance with Fox is the 
classic partnership in English politics, un- 
married, even enriched, by the tragedy of 
its close. He was never guilty of mean 
ambition. He thought of nothing save 

; the public welfare. No man has ever more 
consistently devoted his energies to the 
service of the nation with less regard for 

, personal advancement. No English 
statesman has ever more firmly moved 
amid a mass of details to the principle 
thev involve. 

He was a member of' no school of 
thought, and there is no influence to whom 
his outlook can be directly traced. His 
politics, indeed, bear upon their face the 
preoccupation with the immediate prob- 
lems of the House of Commons. Yet 
through them all the principles that 



BURKE 225 

emerge form a consistent whole. Nor is 
this all. He hated oppression with all the 
passion of a generous moral natm*e. He 
eared for the good as he saw it with a 
steadfastness which Bright and Cobden 
only can claim to challenge. What he had 
to say he said in sentences which form the 
maxims of administrative wisdom. His 
horizon reached from London out to 
India and America; and he cared as 
deeply for the •Indian ryot's wrongs as 
for the iniquities of English policy to Ire- 
land. With less width of mind than 
Hume and less intensity of gaze than 
Adam Smith, he yet had a width and in- 
tensity which, fused with his own imagina- 
tive sympathy, gave him more insight 
than either. He had an unerring eye for ^ 
the eternal principles of politics. He '■ ^ 
knew that ideals must be harnessed to an 
Act of Parliament if they are not to cease . 
their influence. Admitting while he did 
that politics must rest upon expediency, 
he never failed to find good reason why 
expediency should be identified with what 
he saw as right. It is ^ stainless and a 
splendid record. There are men in Eng- 
lish politics to whom a greater immediate 



t\ 



226 ENGLISH POLITICAL THOUGHT 

influence may be ascribed, just as in po- 
litical philosophy he cannot claim the per- 
sistent inspiration of Hobbes and Locke. 
But in that middle ground between the 
facts and speculation his supremacy is un- 
; approached. There had been nothing like 
him before in English politics ; and in con- 
tinental politics Royer CoUard alone has 
something of his moral fibre, though his 
practical insight was far less profound. 
Hamilton had Burke's full grasp of po- 
litical wisdom, but he lacked his moral 
elevation. So that he remains a figure of 
uniqueness. He may, as Goldsmith said, 
have expended upon his party talents that 
should have illuminated the universal as- 
pect of the State. Yet there is no ques- 
tion with which he dealt that he did not 
leave the richer for his enquiry. 



Ill 

The liberalism of Burke is most ap- 
parent in his handling of the immediate 
issues of the age. Upon Ireland, 
America and India, he was at every point 
upon the side of the future. Where con- 
stitutional reform was in debate no man 



BURKE 227 

saw more clearly than he the evils that 
needed remedy ; though, to a later genera- 
tion, his own schemes bear the mark of 
timid conservatism. In the last decade of 
his life he encomitered the greatest cata- 
clysm unloosed upon Europe since the 
Reformation, and it is not too much to 
say that at every point he missed the es- 
sence of its meaning. Yet even upon 
France and the English Constitution he 
was full of practical sagacity. Had his 
warning been uttered without the fury of 
hate that accompanied it, he might well 
have guided the forces of the Revolution 
into channels that would have left no 
space for the military dictatorship he so 
marvellously foresaw. Had he perceived 
the real evils of the aristocratic monopoly 
against which he so eloquently inyeighed, 
forty barren years might well have been a 
fruitful epoch of wise and continuous re- 
form. But Burke was not a democrat, 
and, at bottom, he had little regard for 
that popular sense of right which, upon 
occasion, he was ready to praise. What 
impressed him was less the evils of the 
constitution than its possibilities, could 
the defects quite alien from its nature but 



228 ENGLISH POLITICAL THOUGHT 

be primed away. Moments, indeed, there 
are of a deeper vision, and it is not untrue 
to say that the best answer to Burke's con- 
servatism is to be found in his own pages. 
But he was too much the apostle of order 
to watch with cahn the struggles involved 
in the overthrow of privilege. He had 
too much the sense of a Divine Providence 
^ taking thought for the welfare of men to 
interfere with violence in his handiwork. 
The tinge of caution is never absent, even 
from his most liberal moments; and he 
was willing to endure great evil if it 
seemed dangerous to estimate the cost of 
change. 

His American speeches are the true 
text-book for colonial administration. He 
put aside the empty plea of right which 
satisfied legal pedants like George Gren- 
ville. What moved him was the tragic 
fashion in which men clung to the shadow 
of a power they could not maintain in- 
stead of searching for the roots of free- 
dom. He never concealed from himself 
that the success of America was bound up 
with the maintenance of English liberties. 
"Armies," he said manv vears later, "first 
victorious over Englishmen, in a conflict 



BURKE 229 

for English constitutional rights and 
privileges, and afterwards habituated 
(though in America) to keep an English 
people in a state of abject subjection, 
would prove fatal in the end to the lib- 
erties of England itself." He had firm 
hold of that insidious danger which be- 
littles freedom itself in the interest of cur- 
tailing some special desire. "In order to 
prove that the Americans have no right to 
their liberties," he said in the famous 
Speech on Conciliation with America 
(1775) , "we are every day endeavoring to 
subvert the maxims which preserve the 
whole spirit of our own." The way for 
the later despotism of the younger Pitt, 
was, as Burke saw, prepared by those who 
persuaded Englishmen of the paltry char- 
acter of the American contest. His own 
receipt was sounder. In the Speech on 
American T oration (1774) he had riddled 
the view that the fiscal methods of Lord 
North were likely to succeed. The true 
method was to find a way of peace. "No- 
body shall persuade me," he told a hostile 
House of Commons, "when a whole 
people are concerned that acts of lenity 
are not means of conciliation/' "Mag- 



230 ENGLISH POLITICAL THOUGHT 

nanimity in politics," he said in the next 
year, "is not seldom the truest wisdom; 
and a great empire and little minds go ill 
together." He did not know, in the most 
superb of all his maxims, how to draw up 
an indictment against a whole people. He 
would win the colonies by binding them to 
England with the ties of freedom. "The 
question with me," he said, "is not whether 
you have a right to render your people 
miserable, but whether it is not your in- 
terest to make them happy." The prob- 
lem, in fact, was one not of abstract right 
but of expediency; and nothing could be 
lost by satisfying American desire. Save 
for Johnson and Gibbon, that was ap- 
parent to every first-class mind in Eng- 
land. But the obstinate king prevailed; 
and Burke's great protest remained no 
more than material for the legislation of 
the future. Yet it was something that 
ninety years after his speech the British 
North America Act should have given his 
dreams full substance. 

Ireland had always a place apart in 
Burke's affections, and when he first en- 
tered the House of Commons he admitted 
that uppermost in his thoughts was the 



BURKE 231 

desire to assist its freedom. He saw that 
here, as in America, no man will be argued 
into slavery. A government which defied 
the fmidamental impulses of men was 
bound to court disaster. How could it 
seek security where it defied the desires of 
the vast majority of its subjects? Why 
is the Irish Catholic to have less justice 
than the Catholic of Quebec or the Indian 
Mohammedan? The system of Protes- 
tant control, he said in the Letter to Sir 
Hercules Langrishe (1792), was "well 
fitted for the oppression, impoverishment 
and degradation of a people, and the de- 
basement in them of himian nature itself.'* 
The Catholics paid their taxes; they 
served with glory in the army and navy. 
Yet they were denied a share in the com- 
monwealth. "Common sense," he said, 
"and common justice dictate . . . some 
sort of compensation to a people for their 
slavery." The British Constitution was 
not made "for great, general and pro- 
scriptive exclusions ; sooner or later it will 
destroy them, or they will destroy the con- 
stitution." The argument that the body 
of Catholics was prone to sedition was no 
reason to oppress them. "No man will ' 



232 ENGLISH POLITICAL THOUGHT 

assert seriously," he said, "that when 
people are of a turbulent spirit the best 
way to keep them in order is to furnish 
them with something to complain of." 
The advantages of subjects were, as he 
urged, their right ; and a wise government 
would regard "all theip reasonable wishes 
as so many claims." To neglect them was 
to have a nation full of uneasiness ; and the 
end was bound to be disaster. 

There is nothing more noble in Burke's 
career than his long attempt to mitigate 
the evils of Company rule in India. Re- 
search may well have shown that in some 
details he pressed the case too far; yet 
nothing has so far come to light to cast 
doubt upon the principles he there main- 
tained. He was the first English states- 
man fully to understand the moral import 
of the problem of subject races; and if he 
did not make impossible the Joseph Sed- 
leys of the future, at least he flung an 
eternal challenge to their malignant com- 
placency. He did not ask the abandon- 
ment of British dominion in India, though 
he may have doubted the wisdom of its 
conquest. All that he insisted upon was 
this, that in imperial adventure the con- 



BURKE 233 

quering race must abide by a moral code. 
A lie was a lie whether its victim be black 
or white. The Em-opean must respect 
the powers and rights of the Hindu as he 
would be compelled by law to respect them 
in his own State. "If we are not able," he 
said, "to contrive some method of govern- 
ing India well whicb will not of necessity 
become the means of governing Great 
Britain ill, a ground is laid for their 
eternal separation, but none for sacriiScing 
the people of that country to our consti- 
tution." England must be in India for 
India's benefit or not at all; political 
power and commercial monopoly such as 
the East India Company enjoyed could 
be had only insofar as they are instru- 
ments of right and not of violence. The 
Company's system was the antithesis of 
this. "There is nothing," he said in a 
magnificent passage, "before the eyes of 
the natives but an endless, hopeless pros- 
pect of new flights of birds of prey and 
passage, with appetites continually renew- 
ing for a food that is continually wasting." 
Sympathy with the native, regard for his 
habits and wants, the Company's servants 
failed to display. "The English youth in 



234 ENGLISH POLITICAL THOUGHT 

India drink the intoxicating draught of 
authority and dominion before their heads 
are able to bear it, and as they are full 
gi'own in fortune long before they are ripe 
in principle, neither nature nor reason 
have any opportunity to exert themselves 
for the excesses of their premature power. 
The consequences of their conduct, which 
in good minds (and many of theirs are 
probably such) might produce peni- 
tence or amendment, are unable to 
pursue the rapidity of their flight. 
Their prey is lodged in England ; and the 
cries of India are given to seas and winds 
to be blown about in every breaking up of 
the monsoon over a remote and unhearing 
ocean." More than a century was to pass 
before the wisest of Burke's interpreters 
attempted the translation of his maxims 
into statute. But there has never, in any 
language, been drawn a clearer picture of 
the danger implicit in imperial adventure. 
''The situation of man," said Burke, "is 
the preceptor of his duty." He saw how 
a nation might become corrupted by the 
spoils of other lands. He knew that 
cruelty abroad is the parent of a later 
cruelty at home. Men will complain of 



BURKE 235 

their wrcmgdoing in the remoter empire; 
and imperialism will employ the means 
Burke painted in unforgettable terms in 
his picture of Paul Benfield. He denied 
that the government of subject races can 
be regarded as a commercial transaction. 
Its problem was not to secure dividends 
but to accomplish moral benefit. He ab- 
horred the politics of prestige. He knew 
the difficulties involved in administering 
distant territories, the ignorance and 
apathy of the public, the consequent ero- 
sion of responsibility, the chance that 
wrong will fail of discovery. But he did 
jiot shrink from his conclusion. "Let us 
do what we please," he said, "to put India 
from our thoughts, we can do nothing to 
separate it from our public interest and 
our national reputation." That is a gen- 
eral truth not less in Africa and China 
than in India itself. The main thought in 
Burke's mind was the danger lest colonial 
dominion become the breeding-ground of 
arbitrary ideas. That his own safeguards 
were inadequate is clear enough at the 
present time. He knew that the need was 
good government. He did not nor could 
he realize how intimately that ideal was 



I 



236 ENGLISH POLITICAL THOUGHT 

connected with self-government.' Yet the 
latest lesson is no more than the final out- 
come of his teaching. 



IV 

A background so consistent as this in 
the inflexible determination to moralize 
political action resulted in a noble edifice. 
Yet, through it all, the principles of policy 
are rather implied than admitted. It was 
when he came to deal with domestic prob- 
lems and the French Revolution that 
Burke most clearly showed the real trend 
of his thought. That trend is unmistak- 
able. Burke was a utilitarian who wq^ 
convinced that what was old was valuable 
by the mere fact of its arrival at maturity. 
The State appeared to him an organic com- 
pound that came but slowly to its full 
splendour. It was easy to destroy ; crea- 
tion was impossible. Political philosophy 
was nothing for him but accurate general- 
ization from experience; and he held the 
presumption to be against novelty. While 
he did not belittle the value of reason, he 
was always impressed by the immense 
part played by prejudice in the determi- 



BURKE 237 

nation of policy. He had no doubt that p' 
property was a rightful index to power; [^ 
and to disturb prescription seemed to him -^ 
the opening of the flood gates. Nor must 
we miss the religious aspect of his phil- --^ 
o$ophy. He never doubted that religion 
was the foundation of the English State. ^^ 
"Englishmen," he said in the Reflections 
on the French Revolution ( 1790) , "know, 
and what is better, we feel inwardly, that 
religion is the basis of civil society and the 
source of all good and of all comfort." 
The utterance is characteristic, not merely 
in its depreciation of reason, but in its 
ultimate reliance upon a mystic explana- 
tion of social facts. Nothing was more 
alien from Burke's temper than deductive 
thinking in politics. The only safeguard 
he could find was in empiricism. 

This hatred of abstraction is, of course, 
the basis of his earliest publication; but it 
remained with him to the end. He would 
not discuss America in terms of right. "I 
do not enter into these metaphysical dis- 
tinctions," he said in the Speech on 
American Tctxation, "I hate the very 
sound of them." "One sure symptom of 
an ill-conducted state," he wrote in the 



238 ENGLISH POLITICAL THOUGHT 

Reflections, "is the propensity of the 
^ people to resort to theories." "It is al- 
ways to be lamented," he said in a Speech 
on the Duration of Parliament, "when 
men are driven to search into the founda- 
tions of the commonwealth." The theory 
of a social contract he declared "at best a 
confusion of judicial with civil principles," 
and he found no sense in the doctrine of 
popular sovereignty. "The lines of mor- 
ality," he said in the Appeal from the 
New to the Old Whigs (1791), "are not 
like ideal lines of mathematics. They are 
broad and deep as well as long. They 
admit of exceptions; they demand modi- 
fications. These exceptions and modifi- 
cations are made, not by the process of 
V logic but by the rules of prudence. Pru- 
dence is not only first in rank of the 
virtues political and moral, but she is the 
director, the regulator, the standard of 
them all." Nor did he hesitate to draw 
the obvious conclusion. "This," he said, 
"is the true touchstone of all theories 
which regard man and the affairs of men 
— does it suit his nature in general, does 
it suit his nature as modified by his 
habits?" 



BURKE 239 

Of the truth of this general attitude it 
is difficult to make denial. But when 
Burke came to apply it to the British Con- 
stitution the "rules of prudence" he was 
willing to admit are narrow enough to 
cause surprised enquiry. He did not doubt 
that the true end of a legislature was "to 
give/ a direction, a form, a technical dress 
... to the general sense of the com- 
munity" ; he admitted that popular revolt 
is so much the outcome of suflPering that 
in any dispute between government and 
people, the presumption is at least equal 
in the latter's favor. He urged the ac- 
ceptance of Grenville's bill for improving 
the method of decision upon disputed 
elections. He made a magnificent de- 
fence of the popular cause in the Middle- . 
sex election. He was in favor of the 
publication of parliamentary debates and 
of the voting lists in divisions. He sup- 
ported almost with passion the ending of 
that iniquitous system by which the en- 
franchisement of revenue officers gave 
government a corrupt reservoir of elec- 
toral support. His Speech on Eco- 
nomical Reform (1780) was the prelude 
to a nobly-planned and successful attack 
upon the waste of the Civil list. 



240 ENGLISH POLITICAL THOUGHT 

, Yet beyond these measures Burke could 
never be persuaded to go. He was against 
the demand for shorter Parliaments on the 
excellent ground that the elections would 
be more corrupt and the Commons less 
responsible. He opposed the remedy of 
a Place Bill for the good and sufficient 
reason that it gave the executive an in- 
terest against the legislature. He would 
not, as in the great speech at Bristol 
( 1774) , accept the doctrine that a member 

. of Parliament was a mere delegate of his 
constituents rather than a representative 
of his own convictions. "Government and 
legislation," he said, "are matters of 
reason and of judgment"; and once the 
private member had honorably arrived at 
a decision which he thought was for the 
interest of the whole community, his duty 
was done. All this, in itself, is unexcep- 
tionable; and it shows Burke's admirable 
grasp of the practical application of at- 
tractive theories to the event. But it is to 
be read in conjunction with a general hos- 
tility to basic constitutional change which 
is more dubious. He had no sympathy 
with the Radicals. "The bane of the 
Whigs," he said, "has been the admission 



BURKE 241 

among them of the corps of schemers 
, . . who do us infinite mischief by per- 
suading many sober and well-meaning 
people that we have designs inconsistent 
with the Constitution left us by our fore- 
fathers." "If the nation at large," he 
wrote in another letter, "has disposition 
enough to oppose all bad principles and 
all bad men, its form of government is, in 
my opinion, fully sufficient for it; but if 
the general disposition be against a vir- 
tuous and manly line of public conduct, 
there is no form into which it can be 
thrown that will improve its nature or add 
to its energy"; and in the same letter he 
foreshadows a possible retirement from 
the House of Commons as a protest 
against the growth of radical opinion in 
his party. He resisted every effort to 
reduce the suffrage qualification. He 
had no sympathy with the effort either to 
add to the county representation or to 
abolish the rotten boroughs. The frame- 
work of the parliamentary system seemed 
to him excellent. He deplored all criti- 
cism of Parliament, and even the discus- 
sion of its essentials. "Our representa- 
tion," he said, "is as nearly perfect as the 



242 ENGLISH POLITICAL THOUGHT 

necessary imperfections of human affairs 
and of human creatures will suffer it to 
be." It was in the same temper that he 
resisted all effort at the political relief of 
the Protestant dissenters. "The machine 
itself," he had said, "is well enough to 
answer any good purpose, provided the 
materials were sound"; and he never 
moved from that opinion. 

Burke's attitude was obsolete even 
while he wrote ; yet the suggesti veness of 
his very errors makes examination of their 
ground important. Broadly, he was .pro- 
testing against natural right in the name 
of„ expediency:4^„ His opponents argued 
that, since men are by nature equal, it 
must follow that they have an equal right 
to self-government. To Burke, the ad- 
mission of this principle would have 
meant the overthrow of the British con- 
stitution. Its implication was that every 
institution not of immediate popular 
origin should be destroyed. To secure 
their ends, he thought, the radicals were 
compelled to preach the injustice of those 
institutions and thus to injure that affec- 
tion for government upon which peace 
and security depend. Here was an effort 



v/ 



BURKE 243 

to bring all institutions to the test of logic 
which he thought highly dangerous. "No 
rational man ever did govern himself," he 
said, "by abstractions and imiversals." 
The question for him was not the abstract 
rightness of the system upon some set of 
a priori principles but whether, on the 
whole, that system worked for the happi- 
ness of the community. He did not doubt -> 
that it did ; and to overthrow a structure 
so nobly tested by the pressure of events 
in favor of some theories outside historic? 
experience seemed to him ruinous to so- 
ciety. Government, for him, was the gen-^ 
eral harmony of diverse interests ; and the » 
continual adjustments and exquisite 
modifications of which it stood in need 
were admirably discovered in the existing 
system. Principles were thus unimpor- 
tant compared to the problem of their ap- 
plication. "The major," he said of all 
political premises, "makes a ponipous 
figure in the battle, but the victory de- 
pends upon the little minor of circum- 
stances." 

To abstract natural right he therefore ^ 
opposed prescription. The presumption 
of wisdom is on the side of the past, and 



244 ENGLISH POLITICAL THOUGHT 

when we change, we act at our peril. 
"Prescription," he said in 1782, "is the 
most solid of all titles, not only to prop- 
erty, but to what is to secure that prop- 
erty, to government." Because he saw 
the State organically he was impressed by 
the smallness both of the present moment 
and the individual's thought. It is built 
upon the wisdom of the^past for "the 
species is wise, and when time is given to 
it, as a species it almost always acts right." 
And since it is the past alone which has 
had the opportimity to accumulate this 
rightness our disposition should be to pre- 
serve all ancient things. They could not 
be without a reason; and that reason is 
grounded upon ancestral experience. So 
the prescriptive title becomes "not the 
creature, but the master, of positive law 
. . . the soundest, the most general and 
the most recognized title between man and 
man that is known in municipal or public 
jurisprudence." It is by prescription that 
he defends the existence of Catholicism in 
Ireland not less than the supposed de- 
formities of the British Constitution. So, 
too, his main attack on atheism is its im- 
plication that "everything is to be dis- 



BURKE 245 

cussed." He does not say that all which 
isjhia^ ri^tness in it; butat least he^urges * ' , 

^ ^atto doubt it is to doubt the construction \/ 
of a past experience which built according » 
Jo the general need. Nor does he doubt _ 
the chance that what he urges may be 
wrong . Rather does he insist that at least ^ 
it gives us security, for hun the highest 
good. "Truth," he said, "may be far 

nSettef . . . but as we have scarcely ever 
that certainty in the one that we have in 
the other, I would, unless the truth were 
evident indeed, hold fast to peace, which 
has in her company charity, the highest of 
the virtues." 

Such, a philosophy, indeed, so barely 
stated, would seem a defence of political 
immobility; but Burke attempted safe- 

"^giiafds against that danger. His insis- 
tence upon the superior value of past ex- 
perience was balanced by a general ad- 
mission that particular circumstances 
must alwayjs govern the immediate de- 
cision, "^Vhen the reason of old estab- 
lishments is gone," he said in his Speech 
on Economical Reform, "it is absurd to 
preserve nothing but the burden of them." 
"A disposition to preserve and an ability 



\ 



J 



246 ENGLISH POLITICAL THOUGHT 

to improve/' he wrote in the Reflections 
on the French Revolution^ "taken to- 
gether would be my standard of a states- 
man." But that "ability to improve" 
conceals two principles of which Burke 
never relaxed his hold. "All the refor- 
mations we have hitherto made," he said, 
"have proceeded upon the principle of 
reference to antiquity"; and the Appeal 
from the New to the Old Whigs, which is 
the most elaborate exposition of his gen- 
eral attitude, proceeds upon the general 
basis that 1688 is a perpetual model for 
the future. Nor is this all. "If I cannot 
reform with equity," said Burke, "I will 
not reform at all" ; and equity seems here 
to mean a sacrifice of the present and its 
passionate demands to the selfish errors 
of past policy. 

j Burke, indeed, was never a democrat, 
and that is the real root of his philosophy. 
He saw the value of the party-system, and 
he admitted the necessity of some degree 
of popular representation. But he was 
entirely satisfied with current Whig prin- 
ciples, could they but be purged of their 
grosser deformities. He knew too well 
how little reason is wont to enter into the 



BURKE 247 

formation of political opinion to make the 
sacrifice of innovation to its power. He 
saw so much of virtue in the old order, 
that he insisted upon the equation of 
virtue with quintessence. Men of great 
property and position using their influ- 
ence as a public trust, delicate in their 
sense of honor, and acting only from mo- 
tives of right — these seemed to him the 
men who should with justice exercise po- 
litical power. He did not doubt that 
"there is no qualification for government 
but virtue and wisdom . . . wherever 
they are actually found, they have, in 
whatever state, condition, profession or 
trade, the passport to heaven"; but he is 
careful to dissociate the possibility that 
they can be found in those who practice 
the mechanical arts. He did not mean 
that his aristocracy should govern without 
response to popular demand. He had no 
objection to criticism, nor to the public 
exercise of government. There was no 
reason even for agreement, so long as each 
party was guided by an honorable sense of 
the public good. This, so he urged, was 
the system which underlay the temporary 
evils of the British Constitution. An aris- 




248 ENGLISH POLITICAL THOUGHT 

tocracy delegated to do its work by the 
mass of men was the best form of govern- 
ment his imagination could conceive. It 
meant that property must be dominant in 
the system of government, that, while 
office should be open to all, it should be 
out of the reach of most. "The charac- 
teristic essence of property," he wrote in 
the Reflections, " . . . is to be unequal" ; 
and he thought the perpetuation of that 
inequality by inheritance "that which 
tends most to the perpetuation of society 
itself." The system was difficult to main- 
tain, and it must be put out of the reach 
of popular temptation, "Our constitu- 
tion," he said in the Present Discontents, 
"stands on a nice equipoise, with sharp 
precipices and deep waters on all sides of 
it. In removing it from a dangerous lean- 
ing towards one side, there may be a 
danger towards oversething it on the 
other." In straining, that is to say, after 
too large a purification, we may end with 
destruction. And Burke, of course, was 
emphatic upon the need that property 
should be undisturbed. It was always, he 
thought, at a great disadvantage in any 
struggle \yith ability ; and there are many 



BURKE 249 

passages in which he urges the consequent 
special representation which the adequate 
defence of property requires. 

The argument, at bottom, is common to 
all thinkers over-impressed by the sanctity 
of past experience. Hegel and Savigny 
in Germany, Taine and Renan in France, 
Sir Henry Maine and Lecky in England, 
have all urged what is in effect a similar 
plea. We must not break what Bagehot 
called the cake of custom, for men have 
been trained to its digestion, and new food 
breeds trouble. Laws are the offspring of 
the original genius of a people, and while 
we may renovate, we must not imduly re- 
form. The true idea of national develop- 
ment is always latent in the past 
experience of the race and it is from that 
perpetual spring alone that wisdom can 
be drawn. We render obedience to what 
is with effortless unconsciousness; and 
without this loyalty to inherited institu- 
tions the fabric of society would be dis- 
solved. Civilization, in fact, depends upon 
the performance of actions defined in pre- 
conceived channels; and if we obeyed 
those novel impulses of right which seem, 
at times, to contradict our inheritance, we 



250 ENGLISH POLITICAL THOUGHT 

should disturb beyond repair the intricate 
equilibrium of countless ages. The ex- 
perience of the past rather than the desires 
of the present is thus the true guide to 
our policy. "We ought," he said in a 
famous sentence, "to venerate where we 
are unable presently to comprehend.'' 

It is easy to see why a mind so attuned 
recoiled from horror at the French Revo- 
lution. There is something almost sinister 
in the destiny which confronted Burke 
with the one great spectacle of the eigh- 
teenth century which he was certain not 
merely to misunderstand but also to hate. 
He could not endure the most fragmen- 
tary change in tests of religious belief; 
and the Revolution swept overboard the 
whole religious edifice. He would not 
support the abolition even of the most 
flagrant abuses in the system of represen- 
tation; and he was to see in France an 
overthrow of a monarchy even more 
august in its prescriptive rights than the 
English Parliament. Privileges were 
scattered to the winds in a single night. 
Peace was sacrificed to exactly those 
metaphysical theories of equality and jus- 
tice which he most deeply abhorred. The 



^^ BURKE 251 

doctrine of progress found an eloquent 
defender in that last and noblest utterance 
of Condorcet which is still perhaps its 
most perfect justification. On all hands 
there was the sense of a new world built 
by the immediate thought of man upon 
the wholehearted rejection of past history. 
Politics was emphatically declared to be 
a system of which the truths could be 
stated in terms of mathematical certainty. 
The religious spirit which Burke was con- 
vinced lay at the root of good gave way 
before a general scepticism which, from 
the outset of his life, he had declared in- 
compatible with social order. Justice was 
asserted to be the centre of social right; 
and it was defined as the overthrow of 
those prescriptive privileges which Burke 
regarded as the protective armour of the 
body politic. Above all, the men who 
seized the reins of power became con- 
vinced that theirs was a specific of uni- 
versal application. Their disciples in 
England seemed in the same diabolic 
frenzy with themselves. In a moment of 
time, the England which had been the ex- 
ample to Europe of ordered popular lib- 
erty became, for these enthusiasts, only 



252 ENGLISH POLITICAL THOUGHT 

less barbaric than the despotic princes of 
the continent. That Price and Priestley 
should suffer the infection was, even for 
Burke, a not unnatural thing. But when 
Charles Fox cast aside the teaching of 
twenty years for its antithesis, Burke 
must have felt that no price was too great 
to pay for the overthrow of the Revolu- 
tion. 

Certainly his pamphlets on events in 
France are at every point consistent with 
his earlier doctrine. The charge that he 
supported the Revolution in America and 
deserted it in France is without meaning; 
for in the one there is no word that can 
honorably be twisted to support the other. 
And when we make allowances for the 
grave errors of personal taste, the gross 
exaggeration, the inability to see the 
Revolution as something more than a 
single point in time, it becomes obvious 
enough that his criticism, de Maistre's 
apart, is by far the soundest we possess 
from the generation which knew the move- 
ment as a living thing. The attempt to 
produce an artificial equality upon which 
he seized as the essence of the Revolution 
was, as Mirabeau was urging in private 



BURKE 253 

to the king, the inevitable precursor of 
dictatorship. He realized that freedom is 
born of a certain spontaneity for which 
the rigid lines of doctrinaire thinkers left 
no room. That worship of symmetrical 
form which imderlies the constitutional 
experiments of the next few years he ex- 
posed in a sentence which has in it the 
essence of political wisdom. "The nature 
of man is intricate" ; he wrote in the Be- 
flections, "the objects of society are of the 
greatest possible complexity; and there- 
fore no simple disposition or direction of 
power can be suitable either to man's na- 
ture or to the quality of his affairs." The 
note recurs in substance throughout his 
criticism. Much of its application, in- 
deed, will not stand for one moment the 
test of inquiry; as when, for instance, he 
correlates the monarchical government of 
France with the English constitutional 
system and extols the perpetual virtues of 
1688. The French made every effort to 
find the secret of English principles, but 
the roots were absent from their national 
experience. 

A year after the publication of the 
Me flections he himself perceived the nar- 



254 ENGLISH POLITICAL THOUGHT 

rowness of that judgment. In the 
Thoughts on French Affairs (1791) he 
saw that the essence of the Revolution was 
its foundation in theoretic dogma. It was 
like nothing else in the history of the world 
except the Reformation ; which last event 
it especially resembles in its genius for 
self -propagation. Herein he has already 
envisaged the importance of that ^^patrie 
intellectuelle^' which Tocqueville empha- 
sized as born of the Revolution. That led 
Burke once again to insist upon the pe- 
culiar genius of each separate state, the 
difficulties of a change, the danger of 
grafting novelties upon an ancient fabric. 
He saw the certainty that in adhering to 
an abstract metaphysical scheme the 
French were in truth omitting human na- 
ture from their political equation; for 
general ideas can find embodiment in in- 
stitutional forms only after they have been 
moulded by a thousand varieties of cir- 
cumstance. The French created an uni- 
versal man not less destructive of their 
practical sagacity than the Frankenstein 
of the economists. They omitted, as 
Burke saw, the elements which objective 
experience must demand; with the result 



BURKE 255 

that, despite themselves, they came rather 
to destroy than to fulfil. Napoleon, as 
Burke prophesied, reaped the harvest of 
their failure. 

Nor was he less right in his denuncia- 
tion of that distrust of the past which 
played so large a part in the revolution- 
ary consciousness. "We are afraid," he 
wrote in the Reflections, "to put men to 
live and trade each on his own private 
stock of reason, because we suspect that 
this stock in each man is small, and that 
the individuals would do better to avail 
themselves of the general bank and cap- 
ital of nations and of ages." Of Sieyes' 
building constitutions overnight, this is no 
imfair picture; but it points a \ more gen- 
eral truth never long absent from Burke's 
mind. Man is for him so much the crea- 
ture of prejudice, so much a mosaic of 
ancestral tradition, that the chance of 
novel thought finding a peaceful place 
among his institutions is always small. 
For Burke, thought is always at the 
service of the instincts, and these lie buried 
in the remote experience of the state. So 
that men like Robespierre were asking 
from their subjects an impossible task. 



256 ENGLISH POLITICAL THOUGHT 

That which they had conceived in the gray 
abstractness of their speculations was too 
little related to what the average French- 
man knew and desired to be enduring. 
Burke looks with sober admiration at the 
way in which the English revolution re- 
lated itself at every point to ideas and 
theories with which the average man was 
as familiar as with the physical landmarks 
of his own neighborhood. For the mo- 
tives which underlie all human effort are, 
he thought, sufficiently constant to compel 
regard. That upon which they feed sub- 
mits to change; but the effort is slow and 
the disappointments many. The Revolu- 
tion taught the populace the thirst for 
power. But it failed to remember that 
sense of continuity in human effort with- 
out which new constructions are built on 
sand. The power it exercised lacked that 
horizon of the past through which alone it 
suffers limitation to right ends. 

The later part of Burke's attack upon 
the Revolution does not belong to political 
philosophy. No man is more responsible 
than he for the temper which drew Eng- 
land into war. He came to write rather 
with the zeal of a fanatic waging a holy 



BURKE 257 

war than in the temper of a statesman 
confronted with new ideas. Yet even the 
Letters on a Regicide Peace (1796) have 
flashes of the old, incomparable insight; 
and they show that even in the midst of 
his excesses he did not war for love of it. 
So that it is permissible to think he did 
not lightly pen those sentences on peace 
which stand as oases of wisdom in a desert 
of extravagant rlietoric. "War never 
leaves where it fomid a nation," he wrote, 
"it is never to be entered upon without 
mature deliberation." That was a lesson 
his generation had still to learn; nor did 
it take to heart the even nobler passage 
that follows. "The blood of man," he 
said, "should never be shed but to redeem 
the blood of man. It is well shed for our 
family, for our friends, for our God, for 
our country, for mankind. The rest is 
vanity; the rest is crime." It is perhaps 
the most tragic wrong in that century's 
history that these words were written to 
justify an effort of which they supply an 
irrefutable condemnation. 



258 ENGLISH POLITICAL THOUGHT 

V 

Criticism of Burke's theories can be 
made from at least two angles. It is easy 
to show that his picture of the British Con- 
stitution was remote from the facts even 
when he wrote. Every change that he op- 
posed was essential to the security of the 
\ next generation; and there followed none 
of the disastrous consequences he had 
foreshadowed. Such criticism would be at 
almost every point just; and yet it would 
fail to touch the heart of Burke's position. 
What is mainly needed is analysis.jij)nce 
i| of his omissions and of the underlying a&r 
sumptions of what he wrote. Burke came 
to his maturity upon the eve of the Indus- 
trial Revolution ; and we have it upon the 
authority of Adam Smith himself that no 
one had so clearly apprehended his own 
economic principles. Yet there is no word 
in what Burke had to say of their signifi- 
cance. The vast agrarian changes of the 
time contained, as it appears, no special 
moment even for him who burdened him- 
self unduly to restore the Beaconsfield es- 
tate. No man was more eager than he 
that the public should be admitted to the 



BURKE 259 

mysteries of political debate ; yet he stead- 
fastly refused to draw the obvious infer- 
ence that once the means of government 
were made known those who possessed the 
knowledge would demand their share in 
its application. He did not see that the 
metaphysics he so profoimdly distrusted 
was itself the offspring of that contemp- 
tible worship of expediency which Black- 
stone generalized into a legalistic jargon. 
Men never move to the adumbration of 
general right until the conquest of po- 
litical rights has been proved inadequate. 
That Burke himself may be said in a sense 
to have seen when he insisted upon the 
danger of examining the foundations of 
the State. Yet a man who refuses to ad- 
mit that the constant dissatisfaction with 
those foundations his age expressed is the 
expression of serious ill in the body politic 
is wilfully blind to the facts at issue. No 
one had more faithfully than Burke him- 
self explained why the Whig oligarchy 
was obsolete ; yet nothing would induce him 
ever to realize that the alternative to aris- 
tocratic government is democracy and 
that its absence was the cause of that dis- 
quiet of which he realized that Wilkes was 
but the symptom. 



260 ENGLISH POLITICAL THOUGHT 

Broadly, that is to say, Burke would not 
realize that the reign of political privilege 
was drawing to its close. That is the real 
meaning of the French Revolution and 
therein it represents a stream of tendency 
not less active in England than abroad. 
In France, indeed, the lines were more 
sharply drawn than elsewhere. The 
rights men craved were not, as Burke in- 
sisted, the immediate offspring of meta- 
physic fancy, but the result of a 
determination to end the malignant wrong 
of centuries. A power that knew no re- 
sponsibility, war and intolerance that 
derived only from the accidental caprice 
of the court, arrest that bore no relation 
to offence, taxation inversely proportion- 
ate to the ability to pay, these were the 
prescriptive privileges that Burke invited 
his generation to accept as part of the ac- 
cumulated wisdom of the past. It is not 
difficult to see why those who swore their 
oath in the tennis-court at Versailles 
should have felt such wisdom worthy to be 
condemned. Burke's caution was for 
them the timidity of one who embraces 
existent evils rather than fly to the refuge 
of an accessible good. In a less degree. 



BURKE 261 

the same is true of England. The con- 
stitution that Burke called upon men to 
worship was the constitution which made 
the Duke of Bedford powerful, that gave 
no representation to Manchester and a 
member to Old Sarum, which enacted the 
game laws and left upon the statute-book 
a penal code which hardly yielded to the 
noble attack of Romilly. These, which 
were for Burke merely the accidental ex- 
crescences of a noble ideal, were for them 
its inner essence ; and where they could not 
reform they were willing to destroy. 

The revolutionary spirit, in fact, was as 
much the product of the past as the very 
fesfitutions it came to condemn. The in- 
novations were the inevitable outcome of 
past oppression. Burke refused to see 
that aspect of the picture. He ascribed to 
the crime of the present what was due to 
the half-wilful errors of the past. The 
man who grounded his faith in historic 
experience refused to admit as history the 
elements alien from his special outlook. 
He took that liberty not to venerate where 
he was unable to comprehend which he 
denied to his opponents. Nor did he ad- 
mit the uses to which his doctrine of pre- 



262 ENGLISH POLITICAL THOUGHT 

scription was bound to be put in the hands 
of selfish and unscrupulous mai. No one 
will object to privilege for a Chatham; 
but privilege for the Duke of Grafton is a 
different thing, and Burke's doctrine safe- 
guards the innumerable men of whom 
Grafton is the type in the hope that by 
happy accident some Chatham will one 
day emerge. He justifies the privileges 
of the English Church in the name of re- 
ligious well-being; but it is difficult to see 
what men like Watson or Archbishop 
Cornwallis have got to do with religion. 
The doctrine of prescription might be ad- 
mirable if all statesmen were so wise as 
Burke; but in the hands of lesser men it 
becomes no more than the protective ar- 
mour of vested interests into the ethics of 
which it refuses us leave to examine. 

That suspicion of thought is integral to 
Burke's philosophy, and it deserves more 
examination than it has received. In part 
it is a rejection of the Benthamite position 
that man is a reasoning animal. It puts 
its trust in habit as the chief source of 
human action ; and it thus is distrustful of 
thought as leading into channels to which 
the nature of man is not adapted. Nov- 



BURKE 263 

elty, which is assumed to be the outcome 
of thought, it regards as subversive of the 
routine upon which civilization depends. 
Thought is destructive of peace ; and it is 
argued that we know too little of political 
phenomena to mate^'tts venture into the 
imtried places to -wluqh thought invites us. 
Yet the first of many answers is surely 
the most obvious fact that if man is so 
much the creature of his custom no reason 
would prevail save where they proved in- 
adequate. If thought is simply a reserve 
power in society, its strength must obvi- 
ously depend upon common acceptance; 
and that can only come when some routine 
has failed to satisfy the impulses of men. 
But we may urge a difficulty that is even 
more decisive. No system of habits can 
ever hope to endure long in a world where 
the cumulative power of memory enables 
change to be so swift ; and no system of 
habits can endure at all unless its under- 
lying idea represents the satisfaction of a 
general desire. It must, that is to say, 
make rational appeal; and, indeed, as 
Aristotle said, it can have virtue only to 
the point where it is conscious of itself. 
The uncritical routine of which Burke is 



264 ENGLISH POLITICAL THOUGHT 

the sponsor would here deprive the mass 
of men of virtue. Yet in modem civiliza- 
tion the whole strength of any custom 
depends upon exactly that consciousness 
of right which Burke restricted to his aris- 
tocracy. Our real need is less the auto- 
matic response to ancient stimulus than 
power to know what stimulus has social 
value. We need, that is to say, the gift of 
criticism rather than the gift of inert ac- 
ceptance. Not, of course, that the habits 
which Burke so earnestly admired are at 
all part of our nervous endowment in any 
integral sense. The short space of the 
French Revolution made the habit of 
thinking in terms of progress an essential 
part of our intellectual inheritance; and 
where the Burkian school proclaims how 
exceptional progress has been in history, 
we take that as proof of the ease with 
which essential habit may be acquired. 
Habit, in fact, without philosophy de- 
stroys the finer side of civilized life. It 
may leave a stratum to whom its riches 
have been discovered; but it leaves the 
mass of men soulless automata without 
spontaneous response to the chords struck 
by another hand. 



BURKE 266 

Burke's answer would, of course, have 
been that he was not a democrat. He did 
not trust the people and he rated their 
capacity as low. He thought of the people 
— it was obviously a generalization from 
his time — as consistently prone to dis- 
order and checked only by the force of 
ancient habit. Yet he has himself sup- 
plied the answer to that attitude. "My 
observation," he said in his Speech on the 
East India Bill, "has furnished me with 
nothing that is to be foimd in any habits 
of life or education which tends wholly to 
disqualify men for the functions of gov- 
ernment." We can go further than that 
sober caution. We know that there is one 
technique only capable of securing good 
government and that is the training of the 
mass of men to interest in it. We know 
that no State can hope for peace in which 
large types of experience are without rep- 
resentation. Indeed, if proof were hel'e 
wanting, an examination of the eighteenth 
century would supply it. Few would deny 
that statesmen are capable of disinterested 
sacrifice for classes of whose inner life they 
are ignorant ; yet the relation between law 
and the interest of the dominant class is 



266 ENGLISH POLITICAL THOUGHT 

too intimate to permit with safety the ex- 
clusion of a part of the State from sharing 
in its guidance. Nor did Burke remember 
his own wise saying that "in all disputes 
between the people and their rulers the 
presumption is at least upon a par in favor 
of the people" ; and he quotes with agree- 
ment that great sentence of Sully's which 
traces popular violence to popular suffer- 
ing. No one can watch the economic 
struggles of the eighteenth and nineteenth 
centuries or calculate the pain they have 
involved to humble men, without admit- 
ting that they represent the final protest 
of an outraged mind against oppression 
too intolerable to be borne. Burke him- 
self, as his own speeches show, knew little 
or nothing of the pain involved in the 
agrarian changes of his age. The one 
way to avoid violent outbreak is not ex- 
clusion of the people from power but their 
participation in it. The popular sense of 
right may often, as Aristotle saw, be wiser 
than the opinion of statesmen. It is not 
necessary to equate the worth of untrained 
commonsense with experienced wisdom to 
suggest that, in the long run, neglect of 
common sense will make the effort of that 
wisdom fruitless. 



BURKE 267 

This, indeed, is to take the lowest 
ground. For the case against Burke's 
aristocracy has a moral aspect with which 
he did not deal. He did not inquire by 
what right a handful of men were to be 
hereditary governors of a whole people. 
Expediency is no answer to the question, 
for Bentham was presently to show how 
shallow was that basis of consent. Once 
it is admitted that the personality of men 
is entitled to respect institutional room 
must be found for its expression. The 
State is morally stunted where their 
powers go undeveloped. There is some- 
thing curious here in Burke's inability to 
suspect deformity in a system which gave 
his talents but partial place. He must 
have known that no one in the House of 
Commons was his equal. He must have 
known how few of those he called upon to 
recognize the splendor of their function 
were capable of playing the part he pic- 
tured for them. The answer to a morally 
bankrupt aristocracy is surely not the 
overwhelming effort required in its puri- 
fication when the plaintiff is the people; 
for the mere fact that the people is the 
plaintiff is already evidence of its fitness 



268 ENGLISH POLITICAL THOUGHT 

for power. Burke gave no hint of how 
the level of his governing class could be 
maintained. He said nothing of what ed- 
ucation might accomplish for the people. 
He did not examine the obvious conse- 
quences of their economic status. Had 
his eyes not been obscured by passion the 
work of that States-General the names in 
which appeared to him so astonishing in 
their inexperience, might have given him 
pause. The "obscure provincial advo- 
cates . . . stewards of petty local ju- 
risdictions . . . the fomenters and 
conductors of the petty war of village vex- 
ation" legislated, out of their inexperience, 
for the world. Their resolution, their 
constancy, their high sense of the national 
need, were precisely the qualities Burke 
demanded in his governing class; and the 
States-General did not move from the 
straight path he laid down until they met 
with intrigue from those of whom Burke 
became the licensed champion. 
. Nor is it in the least clear that his em- 
phasis upon expediency is, in any real 
way, a release from metaphysical inquiry. 
Rather may it be urged that what was 
needed in Burke's philosophy was the 



BURKE 269 

clear avowal of. the metaphysic it implied. 
Nothing is more-greatly wanted in polit- 
ical inquiry than discovery of that "intu- 
ition more subtle than any articulate 
major premise" which, as Mr. Justice 
Holmes has said, is the true foundation of 
so many of our political judgments. The 
theory of natural rights upon which 
Burke heaped such contempt was wrong 
rather in its form than in its substance. It 
clearly suffered from its mistaken effort 
to trace to an imaginary state of nature 
what was due to a complex experience. 
It suffered also from its desire to lay down 
imiversal formulae. It needed to state the 
rights demanded in terms of the social in- 
terests they involved rather than in the 
abstract ethic they implied. But the de- 
mands which underlay the thought of men 
like Price and Priestley was as much the 
offspring of experience as Burke's own 
doctrine. They made, indeed, the tactical 
mistake of seeking to give an unripe philo- 
sophic form to a political strategy where- 
in, clearly enough, Burke was their 
master. But no one can read the answers 
of Paine and Mackintosh, who both were 
careful to avoid the panoply of meta- 



270 ENGLISH POLITICAL THOUGHT 

physics, to the Reflections, without feeling 
that Burke failed to move them from theu- 
main position. Expediency may be ad- 
mirable in telling the statesmen what to 
do; but it does not explain the sources of 
hiS^'^ultimate act, nor justify the thing 
finally done. The unconscious "deeps 
which lie beneath the surface of the mind 
are rarely less urgent than the motives 
that are avowed. Action is less their elim- 
ination than their index; and we must 
penetrate within their recesses before we 
have the full materials for judgment. 

Considered in this fashion, the case for 
natural rights is surely unanswerable. 
The things that men desire correspond, in 
some rough fashion, to the things they 
need. Natural rights are nothing more 
than the armour evolved to protect their 
vital interests. Upon the narrow basis of 
legal history it is, of course, impossible to 
protect them. History is rather the record 
of the thwarting of human desire than of 
its achievement. But upon the value of 
certain things there is a sufficient and con- 
stant opinion to give us assurance that 
repression will ultimately involve disorder. 
Nor is there any difference between the 



BURKE 271 

classes of men in this regard. Forms, in- 
deed, will vary ; and the power we have of 
answering demand will always wait upon 
the discoveries of science. Our natural 
rights, that is to say, will have a changing 
content simply because this is not a static 
world. But that does not mean, as Burke 
insisted, that they are empty of experi- 
ence. They come, of course, mainly from 
men who have been excluded from inti- 
mate contact with the fruits of power. 
Nonconformists in religion, workers with- 
out land or capital save the power of their 
own hands, it is from the disinherited that 
they draw, as demands, their strength. 
Yet it is difficult to see, as Burke would 
undoubtedly have insisted, that they are 
the worse from the source whence they 
derive. Rather do they point to grave in- 
adequacy in the substance of the state, in- 
adequacy neglect of which has led to the 
cataclysms of historic experience. The 
unwillingness of Burke to examine into 
their foundation reveals his lack of moral 
insight into the problem he confronted. 

That lack of insight must, of course, be 
given some explanation; and its cause 
seems rooted in Burke's metaphysic out- 



272 ENGLISH POLITICAL THOUGHT 

look. He was prof ound]^ jreli^ous ; and 

he did not doubt that the order oi the urn- 

■•>•'••■ ■-■■■--"■-■»•" ■■>-''^' "» > '"' '* '" * ' """f^ III, 

verse was the command of God. It was, 
as a consequence. Benefi cent; and to de ny '* 
its validity was, for him, to doubt the wis- 
dom of God. "Having disposed," he 
wrote, "and marshalled us by a divine 
tactic, not according to our will, but to 
His, He had, in and by that disposition, 
vitally subjected us to act the part which 
belongs to the place assigned us.'' The 
State, in fact, it is to be built upon the sacri- 
fice of men ; and this they must accept as 
of the will of God. We are to do our duty 
in our allotted station without repining, 
in anticipation, doubtless, of a later re- 
ward. What we are is thus the expression 
of his goodness; and there is a real sense 
in which Burke may be said to have main- 
tained the inherent rightness of the exist- 
ing order. Certainly he throws a cloak of 
religious veneration about the purely 
metaphysical concept of property ; and his 
insistence upon the value of peace as op- 
posed to truth is surely part of the same 
attitude. Nor is it erroneous to connect 
this backgroimd with his antagonism to 
the French Revolution. What there was 



BURKE 273 

most distressing to him was the over- 
throwal of the Church, and he did not hesi- 
tate, in very striking fashion, to connect 
revolutionary opinion with infidehty. In- 
deed Burke, like Locke, seems to have 
been convinced that a social sense was im- 
possible in an atheist; and his Letters on 
a Regicide Peace have a good deal of that 
relentless illogic which made de Maistre 
connect the first sign of dissent from ul- 
tramontanism with the road to a denial of 
all faith. Nothing is more difficult than 
to deal with a thinker who has had a reve- 
lation ; and this sense that the universe was 
a divine mystery not to be too nearly 
scrutinized by man grew greatly upon 
Burke in his later years. It was not an 
attitude which reason could overthrow; 
for its first principle was an awe in the 
presence of facts to which reason is a 
stranger. 

There is, moreover, in Burke a Platonic 
idealism which made him, like later 
thinkers of the school, regard existing 
difficulties with something akin to com- 
placent benevolence. What interested 
him was the idea of the English State; 
and whatever, as he thought, deformed it. 



274 ENGLISH POLITICAL THOUGHT 

was not of the essence of its nature. He 
denied, that is to say, that the degree to 
which a purpose is fulfilled is as important 
as the purpose itself. A thing becomes 
good by the end it has in view; and the 
deformities of time and place ought not 
to lead us to deny the beauty of the end. 
It is the great defect of all idealistic phil- 
osophy that it should come to the exami- 
nation of facts in so optimistic a temper. 
It never sufficiently realizes that in the 
transition from theoretic purpose to prac- 
tical realization a significant transforma- 
tion may occur. We do not come to grips 
with the facts. What we are bidden to 
remember is the splendor of what the facts 
are trying to be. The existing order is 
beatified as a necessary stage in a benef- 
icent process. We are not to separate 
out the constituent elements therein, and 
judge them as facts in time and space. 
Society is one and indivisible ; and the de- 
fects do not at any point impair the ulti- 
mate integrity of the social bond. 

Yet it is surely evident that in the heat 
and stress of social life, we cannot afford 
so long a period as the basis for our judg- 
ment. We may well enough regard the 



BURKE 276 

corruption of the monarchy under the 
later Hanoverians as the necessary pre- 
lude to its purification under Victoria ; but 
that does not make it any the less cor- 
rupt. We may even see how a monistic 
view of society is possible to one who, like 
Burke, is uniquely occupied with the pub- 
lic good. But the men who, like Muir and 
Hardy in the treason trials of the Revolu- 
tion, think rather in terms of the existing 
disharmonies than the beauty of the pur- 
pose upon which they rest, are only human 
if they think those disharmonies more real 
than the purpose they do not meet. They 
were surely to be pardoned if, reading the 
Reflections of Burke, they regarded class 
distinctions as more vital than their har- 
mony of interest, when they saw the 
tenacity with which privileges they did 
not share were defended. It is even pos- 
sible to imderstand why some insisted that 
if those privileges were, as Burke had 
argued, essential to the construction of the 
whole, it was against that whole, alike in 
purpose and in realization, that they were 
in revolt. For them the fact of discon- 
tinuity was vital. They could not but ask 
for happiness in their own individual lives 



276 ENGLISH POLITICAL THOUGHT 

no less than in the State of which they were 
part. They came to see that without self- 
government in the sense of their own ac- 
tive participation in power, such happi- 
ness must go unfulfilled. The State, in 
fact, may have the noblest piu-pose; but 
its object is attempted by agents who are 
also mortal men. The basis of theh- 
scrutiny became at once pragmatic. The 
test of allegiance to established institu- 
tions became immediately the achievement 
for which they were responsible. The 
achievement, as they urged, was hardly 
written with adequacy in terms of the lives 
of humble men. That was why they 
judged no attitude of worth which sought 
the equation of the real and the ideal. The 
first lesson of their own experience of 
power was the need for its limitation by 
the instructed judgment of free minds.* 



VI 

No man was more deeply hostile to the 
early politics of the romantic movement, 
to the Contrat Social of Rousseau and the 
Political Justice of Godwin, than was 

1 Cf. my Authority in the Modern State, pp. fi5-9- 



BURKE 277 

Burke; yet, on the whole, it is with the 
romantics that Burke's fundamental in- 
fluence remains. His attitude to reason, 
his exaltation of passion and imagination 
over the conscious logic of men, were of 
the inmost stuff of which they were made. 
In that sense, at least, his kinship is with 
the great conservative revolution of the 
generation which followed him. Hegel 
and Savigny in Germany, de Maistre and 
Bonald in France, Coleridge and the later 
Wordsworth in England, are in a true 
sense his disciples. That does not mean 
that any of them were directly conscious 
of his work but that the movement he di- 
rected had its necessary outcome in their 
defence of his ideals. The path of history 
is strewn with undistributed middles ; and 
it is possible that in the clash between his 
attitude and that of Bentham there were 
the materials for a fuller synthesis in a 
later time. Certainly there is no more ad- 
mirable corrective in historical politics 
thatv.the contrast they afford. 

It is easy to praise Burke and easier 
still to miss the greatness of his effort. 
Perspective apart, he is destined doubtless 
to live rather as the author of some 



278 ENGLISH POLITICAL THOUGHT 

maxims that few statesmen will dare to 
forget than as the creator of a system 
which, even in its unfinished implications, 
is hardly less gigantic than that of Hobbes 
or Bentham. His very defects are lessons 
in themselves. His unhesitating inability 
to see how dangerous is the concentration 
of property is standing proof that men are 
over-prone to judge the rightness of a 
State by their own wishes. His own con- 
tempt for the results of reasonable inquiry 
is a ceaseless lesson in the virtue of con- 
sistent scrutiny of our inheritance. His 
disregard of popular desire suggests the 
fatal ease with which we neglect the 
opinion of those who . stand outside the 
active centre of political conflict. Above 
all, his hostility to the Revolution should 
at least make later generations beware lest 
novelty of outlook be unduly confounded 
with erroneous doctrine. 

Yet even when such deduction has been 
made, there is hardly a greater figure in 
the history of political thought in Eng- 
land. Without the relentless logic of 
Hobbes, the acuteness of Hume, the 
moral insight of T. H. Green, he has a 
large part of the faculties of each. He 



BURKE 279 

brought to the political philosophy of his 
generation a sense of its direction, a lofty 
vigour of purpose, and a full knowledge 
of its complexity, such as no other states- 
man has ever possessed. His flashes of 
insight are things that go, as few men have 
ever gone, into the hidden deeps of po- 
litical complexity. Unquestionably, his 
speculation is rather that of the orator in 
the tribune than of the thinker in his 
study. He never forgot his party, and he 
wrote always in that House of Commons 
atmosphere which makes a man imjust to 
the argument and motives of his op- 
ponent. Yet, when the last word of criti- 
cism has been made, the balance of 
illumination is immense. He illustrates 
at its best the value of that party-system 
the worth of which made so deep an im- 
pression on all he wrote. He showed that 
government by discussion can be made to 
illuminate great principles. He showed 
also that allegiance to party is never in- 
consistent with the deeper allegiance to 
the demand of conscience. When he came 
to the House of Commons, the prospects 
of representative government were very 
dark; and it is mainly to his emphasis 



280 ENGLISH POLITICAL THOUGHT 

upon its virtues that its victory must be 
attributed. Institutional change is likely 
to be more rapid than in his generation; 
for we seem to have reached that moment 
when, as he foresaw, ''they who persist in 
opposing that mighty current will appear 
rather to resist the decrees of Providence 
itself than the mere designs of men." The 
principles upon which we proceed are 
doubtless different from those that he 
commended; yet his very challenge to 
their wisdom only gives to his warning a 
deeper inspiration for our effort. 



CHAPTER VII 

THE FOUNDATIONS OF ECONOMIC 
LIBERALISM 



The Industrial Revolution is hardly- 
less a fundamental change in the habits of 
English thought than. in the technique of 
commercial production. Alongside the 
discoveries of Hargreaves and Crompton, 
the ideas of Hume and Adam Smith 
shifted the whole perspective of men's 
minds. The Revolution, indeed, like all 
gi'cat movements, did not originate at any 
given moment. There was no sudden in- 
vention which made the hampering system 
of government-control seem incompatible 
with industrial advance. The mercan- 
tilism against which the work of Adam 
Smith was so magistral a protest was 
already rather a matter of external than 
internal commerce when he wrote. He 
triumphed less because he suddenly 
opened men's eyes to a truth hitherto con- 
cealed than because he represented the 

881 



282 ENGLISH POLITICAL THOUGHT 

culmination of certain principles which, 
under various aspects, were common to his 
time. The movement for religious tolera- 
tion is not only paralleled in the next cen- 
tury by the movement for economic 
freedom, but is itself in a real sense the 
parent of the latter. For it is not without 
significance that the pre-Adamite econo- 
mists were almost without exception the 
urgent defenders of religious toleration. 
The landowners were churchmen, the men 
of commerce largely Nonconformist; and 
religious proscription interfered with the 
balance of trade. When the roots of re- 
ligious freedom had been secured, it was 
easy for them to transfer their argument 
to the secular sphere. 

Nothing, indeed, is more important in 
the history of English political philosophy 
than to realize that from Stuart times the 
\^ Nonconformists were deeply bitten with 
distrust of government. Its courts of 
special instance hampered industrial life 
at every turn in the interest of religious 
conformity. Their heavy fines and irri- 
tating restrictions upon foreign workmen 
were nothing so much as a tax upon indus- 
trial progress. What the Nonconformists 



FOUNDATIONS OF LIBERALISM 283 

wanted was to be left alone; and Dave- 
nant explained the root of their desire 
when he tells of the gaols crowded with 
substantial tradesmen whose imprison- 
ment spelt imemployment for thousands 
of workmen. Sir William Temple, in his 
description of Holland, represents eco- 
nomic prosperity as the child of toleration. 
The movement for ecclesiastical freedom 
in England, moreover, became causally 
linked with that protest against the system 
of monopolies with which it was the habit 
of the court to reward its favorites. Free- 
dom in economic matters, like freedom in 
religion, came rapidly to mean permission 
that diversity shall exist; and economic 
diversity soon came to mean free compe- 
tition. The latter easily became imbued 
with religious significance. English puri- 
tanism, as Troeltsch has shown us, in- 
sisted that work was the will of God and 
its performance the test of grace. The 
greater the energy of its performance, the 
greater the likelihood of prosperity; and 
thence it is but a step to argue that the 
free development of a man's industrial 
worth is the law of God. Success in busi- / 
ness, indeed, became for, many a test of J 



284 ENGLISH POLITICAL THOUGHT 

religious grace, and poverty the proof of 
God's disfavor. Books like Steele's Re- 
ligious Tradesman (1684) show clearly 
how close is the connection. The hostility 
of the English landowners to the com- 
mercial classes in the eighteenth century 
is at bottom the inheritance of religious 
antagonism. The typical qualities of dis- 
sent became a certain pushful exertion by 
which the external criteria of salvation 
could be secured. 

Much of the contemporary philosophy, 
moreover, fits in with this attitude. From 
the time of Bacon, the main object of 
speculation was to disrupt the scholastic 
teleology. In the result the State becomes 
dissolved into a discrete mass of individ- 
uals, and the self-interest of each is the 
starting-point of all inquiry. Hobbes 
built his state upon the selfishness of men ; 
even Locke makes the individual enter po- 
litical life for the benefits that accrue 
therefrom. The cynicism of Mandeville, 
the utilitarianism of Hume, are only by- 
paths of the same tradition. The organic 
society of the middle ages gives place to 
an individual who builds the State out of 
his own desires. Liberty becomes their 



286 ENGLISH POLITICAL THOUGHT 

long process of release from which the 
eighteenth century had still to suffer; nor 
does it sufficiently insist upon the degree 
to which the old idea of state control still 
held sway in external policies of trade. 
Mercantilism was still in the ascendant 
when Adam Smith came to write. Few 
statesmen of importance before the 
younger Pitt had learned the secret of its 
fallacies; and, indeed, the chief ground 
for difference between Chatham and 
Burke was the former's suspicion that 
Burke had embraced the noxious doctrine 
of free trade. Mercantilism^ by the time 
of Locke, is not the simple error that 
wealth consists in bullion but the insis- 
tence that the balance of trade must be 
preserved. Partly it was doubtless de- 
rived from the methods of the old political 
arithmetic of men like Petty and Dave- 
nant ; the individual seeks a balance at the 
end of his year's accounting and so, too, 
the State must have a balance. "A King- 
dom," said Locke, "grows rich or poor 
just as a farmer does, and no other way"; 
and while there is a sense in which this is 
wholly true, the meaning attached to it by 
the mercantilists was that foreign compe- 



FOUNDATIONS OP LIBERALISM 287 

tition meant national weakness. They 
could not conceive a commercial bargain 
which was profitable to both sides. Na- 
tions grow prosperous at each other's ex- 
pense; wherefore a woolen trade in 
Ireland necessarily spells English unem- 
ployment. Even Davenant, who was in 
many respects on the high road to free 
trade, was in this problem adamant. Pro- 
tection was essential in the colonial 
market; for unless the trade of the col- 
onies was directed through England they 
might be dangerous rivals. So Ireland 
and America were sacrificed to the fear of 
British merchants, with the inevitable re- 
sult that repression brought from both the 
obvious search for remedy. 

Herein it might appear that Adam 
Smith had novelty to contribute; yet 
nothing is more certain than that his full 
sense of the world as the only true unit of 
marketing was fully grasped before him. 
In 1691 Sir Dudley North published his 
Discourses upon Trade. Therein he 
clearly sees that commercial barriers be- 
tween Great Britain and France are ba- 
sically as senseless as would be commercial 
barriers between Yorkshire and Middle- 



288 ENGLISH POLITICAL THOUGHT 

sex. Indeed, in one sense, North goes 
even further than Adam Smith, for he 
argues against the usury laws in terms 
Bentham would hardly have disowned. 
Ten years later an anonymous writer in a 
tract entitled Considerations on the East 
India Trade (1701) has no illusions about 
the evil of monopoly. He sees with strik- 
ing clarity that the real problem is not at 
any cost to maintain the industries a na- 
tion actually possesses, but to have the 
national capital applied in the most effi- 
cient channels. So, too, Hume dismissed 
the Mercantile theory with the contemp- 
tuous remark that it was trying to keep 
water beyond its proper level. Tucker, 
as has been pointed out, was a free trader, 
and his opinion of the American war was 
that it was as mad as those who fought 
"under the peaceful Cross to recover the 
Holy Land"; and he urged, indeed, 
prophesied, the union with Ireland in the 
interest of commercial amity. Nor must 
the emphasis of the Physiocrats upon free 
trade be forgotten. There is no evidence 
now that Adam Smith owed this percep- 
tion to his acquaintance with Quesnay and 
Turgot ; but they may well have confirmed 



FOUNDATIONS OF LIBERALISM 289 

him in it, and they show that the older 
philosophy was attacked on every side. 

Nor must we miss the general atmos- 
phere of the time. On the whole his age 
was a conservative one, convinced, with- 
out due reason, that happiness was inde- 
pendent of birth or wealth and that 
natural law somehow could be made to 
justify existing institutions. The poets, 
like Pope, were singing of the small part 
of life which kings and laws may hope to 
cure; and that attitude is written in the 
general absence of economic legislation 
during the period. Religiously, the 
Church exalted the status quo; and where, 
as with Wesley, there was revolt, its im- 
petus directed the mind to the source of 
salvation in the individual act. It may, 
indeed, be generally argued that the re- 
ligious teachers acted as a social soporific. 
Where riches accumulated, they could be 
regarded as the blessing of God; where 
they were absent their unimportance for 
eternal happiness could be emphasized. 
Burke's early attack on a system which 
condemned "two hundred thousand inno- 
cent persons ... to so intolerable 
slavery" was, in truth, a justification of 



290 ENGLISH POLITICAL THOUGHT 

the existing order. The social question 
which, in the previous century, men like 
Sellers and Winstanley had brought into 
view, dropped out of notice until the last 
quarter of the century. There was, that 
is to say, no organized resistance possible 
to the power of individualism ; and resist- 
ance was unlikely to make itself heard 
once the resources of the Industrial Revo- 
lution were brought into play. Men dis- 
covered with something akin to ecstasy 
the possibilities of the new inventions ; and 
when the protest came against the misery 
they effected, it was answered that they 
represented the working of that natural 
law by which the energies of men may 
raise them to success. And discontent 
could easily, as with the saintly Wilber- 
f orce, be countered by the assertion that it 
was revolt against the will of God. 



II 

Few lives represent more splendidly 
vrthan that of Adam Smith the speculative 
ideal of a dispassionate study of phil- 
osophy. He was fortunate in his teachers 
and his friends. At Glasgow he was the 



FOUNDATIONS OF LIBERALISM 291 

pupil of Francis Hutcheson; and even if 
he was taught nothing at Oxford, at least 
six years of leisure gave him ample op- 
portunity to learn. His professorship at 
Glasgow not only brought him into con- 
tact with men like Hume, but also ad- 
mitted him to intercourse with a group of 
business men whose liberal sentiments on 
commerce undoubtedly strengthened, if 
they did not originate, his own liberal j 
views. At Glasgow, too, in 1759, he pub- 
lished his Theory of Moral Sentiments, 
written with sufficient power of style to 
obscure its inner poverty of thought. The 
book brought him immediately a distin- 
guished reputation from a public which 
exalted elegance of diction beyond all lit- 
erary virtues. The volatile Charles 
Townshend made him tutor to the Duke 
of Buccleuch, through whom Smith not 
only secured comparative affluence for the 
rest of his days, but also a French tour in 
which he met at its best the most brilliant 
society in Europe. The germ of his 
Wealth of Nations already lay hidden in 
those Glasgow lectures which Mr. Can- 
nan has so happily recovered for us; and 
it was in a moment of leisure in France 



292 ENGLISH POLITICAL THOUGHT 

that he set to work to put them together in 
systematic fashion. Not, indeed, that the 
Frenchmen whom he met, Turgot, Ques- 
nay and Dupont de Nemours, can be said 
to have done more than confirm the 
truths he had already been teaching. 
When he returned to Scotland and a com- 
petence ten years of constant labor were 
necessary before the Wealth of Nations 
was complete. After its publication, in 
1776, Adam Smith did little save attend 
to the administrative duties of a minor, 
but lucrative office in the Customs. Until 
the end, indeed, he never quite gave up 
the hope, foreshadowed first in the Moral 
Sentiments of completing a gigantic sur- 
vey of civilized institutions. But he was a 
slow worker, and his health was never 
robust. It was enough that he should have 
written his book and cherished friendships 
such as it is given to few men to possess. 
Hume and Burke, Millar the jurist, 
James Watt, Foulis the printer, Black the 
chemist and Hutton of geological fame — 
it is an enviable circle. He had known 
Turgot on intimate terms and visited Vol- 
taire on Lake Geneva. Hume had told 
him that his book had ''depth and solidity 



FOUNDATIONS OF LIBERALISM 293 

and acuteness"; the younger Pitt had con- 
sulted him on public affairs. Few men 
have moved amid such happy peace within 
the very centre of what was most illustri- 
ous in their age. 

We are less concerned here with the 
specific economic details of the Wealth of 
Nations than with its general attitude to 
the State. But here a limitation upon 
criticism must be noted. The man of 
whom Smith writes is man in search of 
wealth ; by definition the economic motive 
dominates his actions. Such abuse, there- 
fore, as Ruskin poured upon him is really 
beside the point when his objective is 
borne in mind. What virtually he does 
is to assume the existence of a natural 
economic order which tends, when unre- 
strained by counter-tendencies, to secure 
the happiness of men. "That order of 
things which necessity imposes in gen- 
eral," he writes, " . • . is, in every par- 
ticular country promoted by the natural 
inclinations of man"; and he goes on to 
explain what would have resulted "if 
human institutions had never thwarted 
those natural inclinations." "All systems 
either of preference or of restraint, there- 



^l 



294 ENGLISH POLITICAL THOUGHT , 

fore, being thus completely taken away," 
he writes again, "the obvious and simple 
system of natural liberty establishes itself 
of its own accord. Every man, as long as 
he does not violate the laws of justice, is 
left perfectly free to pursue his own in- 
terest in his own way. . . . The sover- 
eign is completely discharged from a duty 
in the attempting to perform which he 
must always be exposed to innumerable 
delusions, and for the proper performance 
of which no human wisdom or knowledge 
would ever be sufficient; the duty of su- 
perintending the industry of private 
people and of directing it towards the em- 
ployments most suitable to the interests of 
the society." 

r The State, in this conception has but 
/ three functions — defence, justice and 

J "the duty of erecting and maintaining 
certain public works and certain public in- 
stitutions which it can never be for the 
interest of any inidvidual, or small 
number of individuals, to erect and main- 
tain." The State, in fact, is simply to pro- 
vide the atmosphere in which production 
is possible. Nor does Smith conceal his 
thought that the main function of justice 



FOUNDATIONS OF LIBERALISM 295 

is the protection of property. "The af- 
fluence of the rich/' he wrote, "excites the 
indignation of the poor, who are often 
both driven by want and prompted by 
envy to invade their possessions. It is only 
under the shelter of the civil magistrate 
that the owner of that valuable property, 
acquired by the labor of many years, or 
perhaps many successive generations, can 
sleep a single night in security." The at- 
titude, indeed, is intensified by his con- 
stant sense that the capital which makes 
possible new productivity is the outcome 
of men's sacrifice; to protect it is thus to 
safeguard the sources of wealth itself. 
And even if the State is entrusted with ed- 
ucation and the prevention of disease, 
this is rather for the general benefit they 
confer and the doubt that private enter- 
prise would find them profitable than as 
the expression of a general rule. Collec- 
tive effort of every kind awakened in him 
a deep distrust. Trade regulations such 
as the limitation of apprenticeship he con- 
demned as "manifest encroachment upon 
the just liberty of the workman and of 
those who may be disposed to employ 
him/' Even educational establishments 



296 ENGLISH POLITICAL THOUGHT 

are suspect on the ground — not unnat- 
ural after his own experience of Oxford 
— that their possibihties of comfort may 
enervate the natural energies of men. 

The key to this attitude is clear enough. 
The improvement of society is due, he 
thinks not to the calculations of govern- 
ment but to the natural instincts of eco- 
nomic man. We cannot avoid the impulse 
to better our condition; and the less its 
effort is restrained the more certain it is 
that happiness will result. We gain, in 
fact, some sense of its inherent power 
when we bear in mind the magnitude of 
its accomplishment despite the folly and 
extravagance of princes. Therein we 
have some index of what it would achieve 
if left unhindered to work out its own 
destinies. Human institutions continir- 
ally thwart its power ; for those who build 
those institutions are moved rather "by 
the momentary fluctuations of affairs" 
than their true nature. ''That insidious 
and crafty animal, vulgarly called a poli- 
tician or statesman" meets little mercy for 
his effort compared to the magic power of 
the natural order. "In all countries where 
there is a tolerable security," he writes. 



FOUNDATIONS OF LIBERALISM 297 

"every man of common understanding 
will endeavor to employ whatever stock he 
can command in procuring either present 
enjoyment or future profit." Individual 
spontaneity is thus the root of economic 
good; and the real justification of the 
state is the protection it affords to this 
impulse. Man, in fact, is by nature a 
trader and he is bound by nature to dis- 
cover the means most apt to progress. 

Nor was he greatly troubled by differ- 
ences of fortune. Like most of the 
Scottish school, especially Hutcheson and 
Hume, he thought that men are much 
alike in happiness, whatever their station 
or endowments. For there is a "never- 
failing certainty" that "all men sooner or 
later accommodate themselves to whatever 
becomes their permanent situation"; 
though he admits that there is a certain 
level below which poverty and misery go 
hand in hand. But, for the most part, 
happiness is simply a state of mind; and 
he seems to have had but little suspicion 
that differences of wealth might issue in 
dangerous social consequence. Men, 
moreover, he regarded as largely equal in 
their original powers; and differences of 



298 ENGLISH POLITICAL THOUGHT 

character he ascribes to the various occu- 
pations implied in the division of labor. 
Each man, therefore, as he follows his 
self-interest promotes the general happi- 
ness of society. That principle is inherent 
in the social order. "Every man," he 
wrote in the Moral Sentiments^ "is by na- 
ture first and principally recommended to 
his own care", and therein he is "led by an 
invisible hand to promote an end which 
was no part of his intention." The State, 
that is to say, is the sum of individual 
goods; whereby to better ourselves is 
clearly to its benefit. And that desire 
"which comes with us from the womb and 
never leaves us till we go to the grave" is 
the more efficacious the less it is restrained 
by governmental artifice. For we know 
so well what makes us happy that none 
can hope to help us so much as we help 
ourselves. 

Enlightened selfishness is thus the root 
of prosperity; but we must not fall into 
the easy fallacy which makes Smith deaf 
to the plaint of the poor. He urged the 
employer to have regard to the health and 
welfare of the worker, a regard which was 
the voice of reason and humanity. Where 



FOUNDATIONS OF LIBERALISM 299 

there was conflict between love of the 
status quo and a social good which Revo- 
lution alone could achieve, he did not, at 
least in the Moral Sentiments, hesitate to 
choose the latter. Order was, for the most 
part, indispensable ; but "the greatest and 
noblest of all characters" he made the re- 
former of the State. Yet he is too im- 
pressed by the working of natural 
economic laws to belittle their influence. 
Employers, in his picture, are little 
capable of benevolence or charity. Their 
rule is the law of supply and demand and 
not the Sermon on the Mount. They com- 
bine without hesitation to depress wages to 
the lowest point of subsistence. They seize 
every occasion of commercial misfortune 
to make better terms for themselves; and 
the greater the poverty the more submis- 
sive do servants become so that scarcity is 
naturally regarded as more favorable to 
industry. 

Obviously enough, the inner hinge of 
all this argument is Smith's conception of 
nature. Nor can there be much doubt of 
what he thought its inner substance. Fac- 
ile distinctions such as the effort of 
Buckle to show that while in the Moral 




800 ENGLISH POLITICAL THOUGHT 

Sentiments Adam Smith was dealing with 
the unselfish side of man's nature, in the 
Wealth of Nations he was dealing with a 
group of facts which required the abstrac- 
tion of such altruistic elements, are really 
beside the point. Nature for Smith is 
I simply the spontaneous action of human 
"^^ character unchecked by hindrances of 
State. It is, as Bonar has aptly said, "a 
vindication of the unconscious law present 
in the separate actions of men when these 
actions are directed by a certain strong 
personal motive." Adam Smith's argu- 
ment is an assumption that the facts can 
be made to show the relative powerlessness 
of institutions in the face of economic laws 
grounded in human psychology. The 
psychology itself is relatively simple, and, 
at least in the Wealth of Nations not 
greatly different from the avowed as- 
sumptions of utilitarianism. He empha- 
sizes the strength of reason in the eco- 
nomic field, and his sense that it enables 
men to judge much better of their best 
interests than an external authority can 
hope to do. And therefore the practices 
accomplished by this reason are those in 
which the impulses of men are to be found. 




FOUNDATIONS OP LIBERALISM 301 

The order they represent is the natural 
order ; and whatever hinders its full opera- 
tion is an unwise check upon the things for 
which men strive. 

Obviously enough, this attitude runs 
the grave risk of seeming to abstract a 
single motive — the desire for wealth — 
from the confused welter of human im- 
pulses and to make it dominant at the ex- 
pense of human nature itself. A hasty 
reading of Adam Smith would, indeed, 
confirm t*hat impression; and that is per- 
haps why he seemed to Ruskin to blas- 
pheme human nature. But a more careful 
survey, particularly when the Moral Sen- 
timents is borne in mind suggests a dif- 
ferent conclusion. His attitude is implicit 
in the general medium in which he worked. 
What he was trying to do was less to 
emphasize that men care above all things 
for the pursuit of wealth than that no in-- 
stitutional modifications are able to de-j 
stroy the pdwer of that motive to labor/ 
There is too much history in the Wealth 
of Nations to make tenable the hypothesis 
of complete abstraction. And there is 
even clear a sense of a nature behind his 
custona when he speaks of a "sacred re- 



302 ENGLISH POLITICAL THOUGHT 

gard" for life, and urges that every man 
has property in his own labor. The truth 
here surely is that Smith was living in a 
time of commercial expansion. What was 
evident to him was the potential wealth to 
be made available if the obsolete system of 
restraint could be destroyed. Liberty to 
him meant absence of restraint not because 
its more positive aspect was concealed 
from him but rather because the kind of 
freedom wanted in the environment in 
which he moved was exactly that for 
which he made his plea. There is a hint 
that freedom as a positive thing was 
known to him from the fact that he relied 
upon education to relieve the evils of the 
(division of labor. But the general con- 
text of his book required less emphasis 
/upon the virtues of state-interference than 
upon its defects. His cue was to show 
that all the benefits of regulation had been 
achieved despite its interference; from 
which, of course, it followed that restraint 
was a matter of supererogation. 



Ill 

It would be tedious to praise the 
Wealth of Nations. It may be doubtful 



FOUNDATIONS OF LIBERALISM 303 

whether Buckle's ecstatic judgment that 
it has had more influence than any other 
book in the world was justified even when 
he wrote; but certainly it is one of the 
seminal books of the modern time. What 
is more important is to note the perspec- 
tive in which its main teaching was set. 
He wrote in the midst of the first signifi- 
cant beginnings of the Industrial Revo- 
lution; and his emphatic approval of 
Watt's experiments suggests that he was 
not imalive to its importance. Yet it can- 
not in any full sense be said that the In- 
dustrial Revolution has a large part in his 
book. The picture of industrial organi- 
zation and its possibilities is too simple to 
suggest that he had caught any far reach- 
ing glimpse into the future. Industry, 
for him, is still in the last stage of handi- 
craft; it is a matter of skillful workman- 
ship and not of mechanical appliance. 
Capital is still the laborious result of par- 
simony. Credit is spoken of rather in the 
tones of one who sees it less as a new in- 
strument of finance than a dangerous at- 
tempt by the aspiring needy to scale the 
heights of wealth. Profits are always a 
justified return for productive labor; in- 



304 ENGLISH POLITICAL THOUGHT 

terest the payment for the use of the 
owner's past parsimony. Business is still 
the middleman distributing to the con- 
sumer on a small scale. He did not, or 
could not, conceive of an industry either 
so vast or so depersonalized as at present. 
He was rather writing of a system which, 
like the politics of the eighteenth century, 
had reached an equilibrium of passable 
comfort. His natural order was, at 
bottom, the beatification of that to which 
this equilibrium tended. Its benefits 
might be improved by free trade and free 
workmanship ; but, upon the whole, he saw 
no reason to call in question its funda- 
mental dogmas. 

Therein, of course, may be found the 
main secret of his omissions. The prob- 
jlem of labor finds no place in his book. 
/' The things that the poor have absent from 
their lives, that concept of a national min- 
imum below which no State can hope to 
fulfil even the meanest of its aims, of these 
he has no conception. Rather the note of 
\ the book is a quiet optimism, impressed by 
^the possibilities of constant improvement 
which lie imbedded in the human impulse 
to better itself. What he did not see is 



FOUNDATIONS OF LIBERALISM 305 

the way in which the logical outcome of 
the system he describes may well be the 
attaimnent of great wealth at a price in 
human cost that is beyond its worth. 
Therein, it is clear, all individualistic the- 
ories of the state miss the true essence of 
the social bond. Those who came after 
Adam Smith saw only half his problem. 
He wrote a consumer's theory of value. 
But whereas he had in mind a happy and 
contented people, the economics of Ri- 
cardo and Malthus seized upon a single 
element in human nature as that which 
alone the State must serve. Freedom 
from restraint came ultimately to mean a 
judgment upon national well-being in 
terms of the volume of trade. "It is not 
with happiness," said Nassau Senior, "but 
with wealth that I am concerned as a po- 
litical economist; and I am not only justi- 
fied in omitting, but am perhaps bound to 
omit, all considerations which have no 
influence upon wealth." 

In such an aspect, it was natural for the 
balance of investigation to swing towards 
the study of the technique of production; 
and with the growing importance of cap- 
ital, as machinery was introduced, the 



306 ENGLISH POLITICAL THOUGHT 

worker, without difficulty, became an ad- 
junct, easily replaced, to the machine. 
What was remembered then was the side 
of Adam Smith which looked upon en- 
lightened selfishness as the key to social 
good. Regulation became anathema even 
when the evils it attempted to restrain 
were those which made the mass of the 
people incapable of citizenship. Even 
national education was regarded as likely 
to destroy initiative ; or, as a pauper's dole 
which men of self-respect would regard 
with due abhorrence. The State, in short, 
ceased to concern itself with justice save 
insofar as the administration of a judicial 
code spelled the protection of the new in- 
dustrial system. Nothing is more striking 
in the half-century after Adam Smith 
than the optimism of the economist and 
the business man in contrast to the hope- 
less despair of labor. That men can or- 
ganize to improve their lot was denied 
with emphasis, so that until Francis Place 
even the workers themselves were half- 
convinced. The manufacturers were the 
State ; and the whole intellectual strength 
of economics was massed to prove the 
Tightness of the equation. The literature 



FOUNDATIONS OF LIBERALISM 307 

of protest, men like Hall and Thompson, 
Hodgskin and Bray, exerted no influence 
upon the legislation of the tiihe; and 
Robert Owen was deemed an amiable ec- 
centric rather than the prophet of a new 
hope. The men who succeeded, as Wil- 
berf orce, carried out to the letter the im- 
stated assumptions of Puritan economics. 
The poor were consigned to a God whose 
dictates were by definition beneficent; 
and if they failed to understand the curi- 
ous incidence of his rewards that was be- 
cause his ways were inscrutable. No one 
who reads the tracts of writers like 
Harriet Martineau can fail to see how 
pitiless was the operation of this attitude. 
Life is made a struggle beneficent, in- 
deed, but deriving its ultimate meaning 
from the misery incident to it. The 
tragedy is excused because the export- 
trade increases in its volume. The iron 
law of wages, the assumed transition of 
every energetic worker to the ranks of 
wealth, the danger lest the natural ability 
of the worker to better his condition be 
sapped by giving to him that which his 
self-respect can better win —these be- 
came the unconscious assumptions of all 
economic discussion. 



308 ENGLISH POLITICAL THOUGHT 

In all this, as in the foundation with 
which Adam Smith provided it, we must 
not miss the element of truth that it con- 
tains. No poison is more subtly de- 
structive of the democratic State than 
paternalism; and the release of the crea- 
tive impulses of men must always be the 
coping-stone of public policy. Adam 
Smith is the supreme representative of a 
tradition which saw that release effected 
by individual effort. Where each man 
cautiously pursued the good as he saw it, 
the realization was bound, in his view, to 
be splendid. A population each element 
of which was active and alert to its eco- 
nomic problems could not escape the 
achievement of greatness. All that is 
true; but it evades the obvious conditions 
we have inherited. For even when the 
psychological inadequacies of Smith's at- 
titude are put aside, we can judge his 
theory in the light of the experience it 
summarizes. Once it is admitted that the 
object of the State is the achievement of 
the good life, the final canon of politics is 
bound to be a moral one. We have to in- 
quire into the dominant conception of the 
good life, the number of those upon whom 
it is intended that good shall be conferred. 



FOUNDATIONS OF LIBERALISM 309 

In the light of this conception it is ob- 
vious enough that Smith's view is impos- 
sible. No mere conflict of private 
interests, however pure in motive, seems 
able to achieve a harmony of interest be- 
tween the members of the State. Liberty, 
in the sense of a positive and equal op- 
portunity for self-realization, is impos- 
sible save upon the basis of the acceptance 
of certain minimal standards which can 
get accepted only through collective ef- 
fort. Smith did not see that in the 
processes of politics what gets accepted is 
not the will that is at every moment a part 
of the state-purpose, but the will of those 
who in fact operate the machinery of gov- 
ernment. In the half -century after he 
wrote the men who dominated political 
life were, with the best intentions, moved 
by motives at most points unrelated to the 
national well-being. The fellow-servant 
doctrine would never have obtained ac- 
ceptance in a state where, as he thought, 
employer and workman stood upon an 
equal footing. Opposition to the Factory 
Acts would never have developed in a 
community where it was realized that be- 
low certain standards of subsistence the 



310 ENGLISH POLITICAL THOUGHT 

very concept of humanity is impossible. 
Modern achievement implies a training in 
the tools of life; and that, for most, is 
denied even in our own day to the vast 
majority of men. In the absence of legis- 
lation, it is certain that those who employ 
the services of men will be their political 
masters ; and it will follow that their Acts 
of Parliament will be adapted to the needs 
of property. That shrinkage of the pur- 
pose of the State will mean for most not 
merely hardship but degradation of all 
that makes life worthy. Upon those 
stunted existences, indeed, a wealthy 
civilization may easily be builded. Yet it 
will be a civilization of slaves rather than 
of men. 

The individualism, that is to say, for 
which Adam Smith was zealous demands 
a different institutional expression from 
that which he gave it. We must not as- 
sume an a priori justification for the 
forces of the past. The customs of men 
may represent the thwarting of the im- 
pulses of the many at the expense of the 
few not less easily than they may embody 
a general desire; and it is surely a mis- 
taken usage to dignify as natural what- 



FOUNDATIONS OF LIBERALISM 311 

ever may happen to have occurred. A 
man may find self-realization not less in 
working for the common good than in the 
limited satisfaction of his narrow desire 
for material advancement. And that, in- 
deed, is the starting-point of modern ef- 
fort. Our liberty means the consistent 
expression of our personality in media 
where we find people like-minded with 
ourselves in their conception of social life. 
The very scale of civilization implies col- 
lective plans and common effort. The 
constant revision of our basic notions was 
inevitable immediately science was applied 
to industry. There was thus no reason to 
believe that the system of individual in- 
terests for which Smith stood sponsor was 
more likely to fit requirements of a new 
time than one which implied the national 
regulation of business enterprise. The 
danger in every period of history is lest 
we take our own age as the term in insti- 
tutional evolution. Private enterprise has 
the sanction of prescription ; but since the 
Industrial Revolution the chief lesson we 
have had to learn is the unsatisfactory 
character of that title. History is an un- 
enviable record of bad metaphysics used 



312 ENGLISH POLITICAL THOUGHT 

to defend obsolete systems. It took al- 
most a century after the publication of 
the Wealth of Nations for men to realize 
that its axioms represented the experience 
of a definite time. Smith thought of free- 
dom in the terms most suitable to his gen- 
eration and stated them with a largeness 
of view which remains impressive even at 
a century's distance. 

But nothing is more certain in the his- 
tory of political philosophy than that the 
problem of freedom changes with each 
age. The nineteenth century sought re- 
lease from political privilege; and it built 
its success upon the system prepared by 
its predecessor. It can never be too 
greatly emphasized that in each age the 
substance of liberty will be found in what 
the dominating forces of that age most 
greatly want. With Locke, with Smith, 
with Hegel and with Marx, the ultimate 
hypothesis is always the summary of some 
special experience universalized. That 
does not mean that the past is worthless. 
Politics, as Seeley said, are vulgar imless 
they are liberalized by history ; and a state 
which failed to see itself as a mosaic of 
ancestral institutions would build its 



FOUNDATIONS OF LIBERAEISM 313 

novelties upon foundations of sand. Sus- 
picions of collective effort in the eigh- 
teenth century ought not to mean 
suspicion in the twentieth ; to think in such 
fashion is to fall into the error for which 
Lassalle so finely criticized Hegel. It is 
as though one were to confound the acci- 
dental phases of the history of property 
with the philosophic basis of property it- 
self. From such an error it is the task of 
history above all to free us. For it records 
the ideals and doubts of earlier ages as a 
perennial challenge to the coming time. 

The rightness of this attitude admits of 
proof in terms of the double tradition to 
which Adam Smith gave birth. On the 
one hand he is the founder of the classic 
political economy. With Ricardo, the 
elder Mill and Nassau Senior, the main 
preoccupation is the production of wealth 
without regard to its moral environment; 
and the state for them is merely an en- 
gine to protect the atmosphere in which 
business men achieve their labors. There 
is nothing in them of that fine despair 
which made Stuart Mill welcome socialism 
itself rather than allow the continuance of 
the new capitalist system. Herein the 



314 ENGLISH POLITICAL THOUGHT 

State is purged of moral purpose ; and the 
utilitarian method achieves the greatest 
happiness by insisting that the technique 
of production must dominate all other 
circumstances. Until the Reform Act of 
1867, the orthodox economists remained 
unchallenged. The use of the franchise 
was only beginning to be understood. 
The "new model" of trade unionism had 
not yet been tested in the political field. 
But it was discovered impossible to act 
any longer upon the assumptions of the 
abstract economic man. The infallible 
sense of his own interest was discovered to 
be without basis in the facts for the simple 
reason that the instruments of his percep- 
tion obviously required training if they 
were to be applied to a complex world. 
Individualism, in the old, utilitarian sense, 
passed away because it failed to build 
a State wherein a channel of expression 
might be found for the creative energies 
of humble men. 

It is only within the last two decades 
that we have begun to understand the 
inner significance of the protest against 
this economic liberalism. Adam Smith 
had declared the source of value to lie in 



FOUNDATIONS OF LIBERALISM 316 

labor; and, at the moment of its deepest 
agony, there were men willing to point 
the moral of his tale. That it represented 
an incautious analysis was, for them, un- 
important beside the fact that it opened 
once more a path whereby economics 
could be reclaimed for moral science. For 
if labor was the source of value, as Bray 
and Thompson pointed out, it seemed as 
though degradation was the sole payment 
for its services. They did not ask whether 
the organization they envisaged was eco- 
nomically profitable, but whether it was 
ethically right. No one can read the his- 
tory of these years and fail to understand 
their uncompromising denial of its right- 
ness. Their negation fell upon unheeding 
ears ; but twenty years later, the tradition 
for which they stood came into Marx's 
hands and was fashioned by him into an 
interpretation of history. With all its 
faults of statement and of emphasis, the 
doctrine of the English socialists has been, 
in later hands, the most fruitful hy- 
pothesis of modem politics. It was a de- 
liberate effort, upon the basis of Adam 
Smith's ideas, to create a commonwealth 
in the interests of the masses. Wealth, in 



316 ENGLISH POLITICAL THOUGHT 

its view, was less the mere production of 
goods than the accumulated happiness of 
humble men., The impulses it praised and 
sought through state-action to express 
were, indeed, different from those upon 
which Smith laid emphasis ; and he would 
doubtless have stood aghast at the way in 
which his thought was turned to ends of 
which he did not dream. Yet he can 
hardly have desired a greater glory. He 
thus made possible not only knowledge of 
a State untrammelled in its economic life 
by moral considerations; but also the road 
to those categories wherein the old con- 
ception of co-operative effort might find 
a new expression. Those who trod in his 
footsteps may have repudiated the ideal 
for which he stood, but they made possible 
a larger hope in which he would have been 
proud and glad to share. 



BIBLIOGRAPHY 

This bibliography makes no pretence to completeness. 
It attempts only to enumerate the more obvious sources 
that an interested reader would care to examine. 



GENERAL 

Leslie Stephen. History of English Thought in the 
Eighteenth Century. 1876. Vol. II, Chapters IX 
and X. 

W. E. H. Lecky. History of England in the Eighteenth 
Century, 

A. L. Smitu. Political Philosophy in England in the 
Seventeenth and Eighteenth Centuries in the Cam- 
bridge Modern History, Vol. VI, Chapter XXIII. 

J. BoxAR. Philosophy and Political Economy, Chapters 
V-IX, 

F. W. Maitland. An Historical Sketch of Liberty and 
Equality in Collected Papers, Vol. I. 

CHAPTER II 

John Locke. Works (Eleventh Edition), 10 volumes. 

London, 1812. 
H. R. Fox-Bourne. Life of John Locke, London, 1876. ^ 
T. H. Green. The Principles of Political Obligation in 

Collected Works. Vol. II. London, 1908. 
Peter, Lord Kino. The Life and Letters of John Locke, 

London, 1868. 
Sir F. Pollock. Locke's Theory of the State in Proc, 

Brit. Acad. Vol. I. London, 1904. 
S. P. Lamprecht. The Moral and Political Philosophy 

of Locke. New York, 1918. 
A. A. Seaton. The Theory of Toleration under the 

Later Stuarts, Cambridge, 1911. 
J. N. Figgis. The Divine Right of Kings, Cambridge, 

1914. 

317 



318 BIBLIOGRAPHY 



CHAPTER III 
Jeremy Coixiee. The History of Passive Obedience, 



London, 1689. t 



WiLUAM Sherlock. The Case of Resistance. London, 

1684. 
Chari^s Leslie. The Case of the Regale (Collected 
Works). Vol. Ill, p. 291. 
The Rehearsal. 
The New Association. 
Cassandra. 

The Finishing Stroke. 

Obedience to Civil Government Clearly Stated. 
The Best Answer. 
The Best of All. 
Samuel Grascom. A Brief Answer. 
E. Shellingfleet. A Vindication of their Majesties 

Authoritie. 
B. Shower. A Letter to a Convocation Man. 
W. Wake. The Authority of Christian Princes. 

The State of the Church (1703). 
Frakcis Atterbury. Rights, Powers and Privileges of 

an English Convocation (1701). 
Benjamin Hoadly. Origins of Cixnl Oovemment 
(1710). 
Preservative Against Nonjurors (1716). 
Works, 3 vols. London (1773). 
William Law. A Defence of Church Principles (ed. 

Gore). Edinburgh, 1904. 
W. Warburton. Alliance between Church and State 

(1736). 
J. H. Overton. The Nonjurors. New York, 1903. 
T. Lathbury. History of Convocation. London, 1842. 

CHAPTER IV 

Berkeley. Essay Towards Preventing the Ruin of 

Great Britain (1721). 
H. St. John (Viscount Bolingbroke). Works. 5 vols. 

London, 1754. 
Lord Eomont. Faction detected by the Evidence of 

Facts (1742). 
David Hume. Inquiry Concerning the Principles of 

Morals (1762). 



t. 



BIBLIOGRAPHY 319 

Essays, (1742-1762) ed. Green & Grose. Lon- 
don, 1876. 
W. SiCHEL. Life of Bolinghroke, 2 vols. 1900-4. 
J. Chubtok Collixs. Bolinghroke and Voltaire in Eng^ 

land, 
J. Hnx BuBTOX. Life of Hume, 



CHAPTER V 

Montesquieu. L*E sprit des Lois (1748). 

J. J. Rousseau. Du Contrat Social (1762). See ed. by 

Vaughan, 1918. 
JoHx Brown. Estimate of the Manners and Principles 

of the Times (1767). 
Adam Ferguson. Essay on the History of Civil Society 

(1767). 
William Blackstone. Commentaries (1766-9). 
Jeremy Bentham. A Fragment on Government (1776). 

Ed. F. C. Montague, 1891. 
J. De Lolme. The Constitution of England (1776). 
Robert Wallace. Various Prospects (1761). 
Joseph Priestley. Essay on the First Principles of 

Government (1768). 
Richard Price. Observations on Civil Liberty (1776). 

Additional Obserddtions (1777). 
William Ogilvie. The Right of Property in Land 

(1781). Ed. Macdonald, 1891. 
JosiAH Tucker. Treatise on Cixnl Government (1781). 
Samuel Johnson. Taxation No Tyranny (1776). 
M. Beer. History of British Socialism (1919). 
James Boswell. lAfe of Samuel Johnson (1791). 



CHAPTER VI 

Edmund Burke. Collected Works, London, 1808. 
John Morley. Edmund Burke (1867). 

Life of Burke (1887). 
J. MacCunn. The Political Philosophy of Burke 

(1908). 
Junius. Letters (1769-72). London, 1812. 
Thomas Paine. The Rights of Man (1791-2). 
James Mackintosh. Vendicice Gallicw (1791). 



820 BIBLIOGRAPHY 



CHAPTER VII 

Chasues Davekaitt. Works. Londcniy 1771. 
SiE DuDLBT North. A Discourse upon Trade (1691). 
Adam Smith. Theory of Moral Sentknents (1759). 
Wealth of Nations (1776). 

Lectures on Justice and PoUce. (Ed. Cannan, 
1896). 
W. R. Scott. Life of Frauds Hutcheson (1900). 
JoHK Rae. Life of Adam Smith (1895). 
W. Baobhot. Adam Smith as a Person in Coll, Works, 

Vol. VII. 
F. W. Hnurr. Adam Smith (1904). 
W. Habbach. Untersuchungen Uber Adam Smith (1891). 
J. BoNAS. A Catalogue of Adam Smith's Library 

(1894). 
T. Cliffe Leslie. Adam Smith in Essays in Mofal and 

PoUtioal Philosophy (1879). 
E. Troeltsch. Die SoeiaUehren der ChristUchen Kirchen 

(1912). 



INDEX 



Addison, 69 
Andrewes, 83 
Ashley, 33-4 
Atterbury, 102 
Austin, 62 

Bagehot, 9, 249 
Barbeyrac, 68 
Barrow, 84 
Bellarmine, 83, 121 
Bentham, 23, 62, 72, 151, 

167, 175, 194 
Berkeley, 10, 129 
Blackstone, 163-4, 174f 
Bolingbroke, 69, 131f 
Bonald, 277 
Bonar, 300 
Bonwicke, 82 
Boswell, 209 
Bray, 307, 315 
Brown (J.), 168 
Brown (R.), 52 
Burke, 7, 8, 16, 30, 157, 159, 

166, 221f, 286 
Burnet, 80, 87, 93 
Busher, 52 

Cartwright, 97 

Chatham, 132, 167, 188, 262 

ChUlingworth, 52 

Chubb, 128 

Coleridge, 277 

Collier, 84n 

Cowper, 20 

Crabbe, 20 



Dalrymple, 8 
Darwin, 67 
Davenant, 283, 287 
Defoe, 8, 128, 132 
Dicey, 175, 179 
DisraeU, 132 
Divine Right, 7, 30 
Dodwell, 82 
Dupont de Nemours, 292 

Egmont, 142 
Eldon, 159 

Ferguson, 172-4 
Fielding, 160 
Fihner, 7, 38 

Galsworthy, 171-2 
George III, 13, 15, 158, 

188 213f 
Godw'in, 10, 163, 222, 276 
Goldsmith, 19, 223 
Goodman, 57 
Grascom, 86 
Gray, 160 
Green (T. H.), 61, 279 

Haldane, 126 

Hales, 52 

Halifax, 8, 27 

HaU, 17, 307 

Hamilton (J. L. & B.)» 19 

Harrington, 147 

Hegel, 249, 277, 212-3 

Hickes, 83 



321 



91, 278, 284 
Hodgakin, 17, 30T 
Holctips (O. W.). S3a, 269 
Hult, H 
Hooker, 44 
Hotman, ST, 68 
Hume, 8, 11, 71, 92, 143f, 

278,284,297 
Hutcheeon, II, 153, US, 



Jackson, 84 
James II, 24f, OS 
Johnson (Dr.), IS, 210f, 



Keble, 82 
Kerr, 82 
Knox, fiT, 83, 07 

Lassalle, 818 
Laud, 2Sa 

Law, 22, loer 

LesUe, 80, 8ff, 88, 90, 97, 

104, 182 
Locke, 7, 11, 21, 29-76, 79, 

197, 207, 273, 287 
de Ixilme, 10, 183r 

Mackintosh, 269 
Madison, 63 
Maine, 66, 249 
Maistre, 91, 2C3, 273 
Malthus, 806 
MandcTlIIe, 129, 284 
Mariana, 57 
Martin, 69 
Marx, 312, 815 
Melville, 121 
Mill, 167 



Milton, 62 
Mtdyneux, 68 
Montesquieu, 12, 68, 16<tf, 

178, 188 
Morley, 182, 228 

Newton, 37 
Newman, 81, 122, 135 
North, 287 

(^Uvie, 199r 
Owen, 17, 807 
Oxford Movement, 81 

P^ne, 202, 269 
Paley, 1H7 
PattisoD, 10 
Penn, 58 
Place, 806 
Pope, 69, 128, 182 
Price, 196f 
Priestley, 72, 190( 
Proast, 64 
Prynne, 8, 65 
Pufendorf, 68 
Pulteney, 217 

Quesnay, 288, 292 

lUnan, 249 
Ricardo, 305 
Richardson, 160 
Richardson (S.), 52 
Rousseau, 8, 74, 162f, I8& 

197, 276 
Royer-Coilard, 220 
Ruskin, 298, 801 

Sanderson, 81 

Savlgny, 249, 277 

Seeiey, 312 

Selden, 9 

Senior, 804 

Separation of Powers, 68f 

Shaftesbury, 11, 128, ISS 



INDEX 



323 



Sherlock (T.), 108 

Sherlock (W.), 87 

Shower, 99 

Sidney, 7, 57 

Smith (Adam), 9, 16, 152, 

195, 258, 281f 
Smith (A. L.), HO 
Snape, 108 
Social Contract, 57 
Spelm'an, 9 
Spence, 202 
Stammler, 60 
Steele, 284 
Stephen (F.), 65 
Stephen (L.), 108, 223 
StiUingfleet, 37, 87, 93 
Suarez, 57 

Taylor, 52, 57 
Temple, 283 



Thompson, 807, 216 
Tindal, 123 
TocqueviUe, 254 
Toleration, 52, 64 
Tucker, 71, 206f, 288 
Turgot, 288, 292 

Voltaire, 12, 132, 160 

Wake, 80, lOOf 
WaUace, 188 
Walpole, 13, 21, 128-30 
Warburton, 69, 118f, 192 
Wilberforce, 290 
Wilkes, 167, 188, 220 
WiUiam III, 25f 
Williams (Roger), 52 
Woolston, 128 
Wordsworth, 277 



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fall of the Temporal Power. 



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earliest times. 

86. EXPLORATION OF THE ALPS. By Arnold Lunn, M. A. 

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stitutions of civilization. 

76. THE OCEAN. A GENERAL ACCOUNT OF THE SCIENCE OF 
THE SEA. By Sir John Murray ^K.C. B., Naturalist H. M. S. "Chal- 
lenger," 1872-1876, joint author of "The Depths of the Ocean," etc. 

84. THE GROWTH OF EUROPE. By GranviUe Cole, Professor of 
Geology, Royal G)llege of Science, Ireland. A study of the geology 
and physical geography in connection with the political geography. 

AMERICAN HISTORY. 



47. THE COLONIAL PERIOD (1607-1766). By Charles McUan An- 
drews, Professor of American History, Yale. 

82. THE WARS BETWEEN ENGLAND AND AMERICA (1763-1815). 
By Theodore C. Smith, Professor of American History, Williams 
College. A history of the period, with especial emphasis on The Re- 
volution and The War of 1812. 

67. FROM JEFFERSON TO LINCOLN (1815-1860). By Waiiam Mac 
Donald. Professor of History, Brown University. The author makes 
the history of this period circulate about constitutional ideas and slavery 
sentiment. 

25. THE CIVIL WAR (1854-1865). By Frederick L. Paxson, Professor 
of American History, University of Wisconsin. 

69. RECONSTRUCTION AND UNION (1865-1912). By Paul Leiand 
Haworth. A History of the United States in our own times. 

OTHER VOLUMES IN PREPARATION 

HENRY HOLT AND COMPANY . 

19 West 44th Street New York 



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