Chapter 6

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

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

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

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

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

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

FOOTNOTES:

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

II

THE HISTORY OF FREEDOM IN CHRISTIANITY[3]

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

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

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

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

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

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

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

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

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

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

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

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

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