CHAPTER II

THE PRINCIPLES OF THE REVOLUTION

I

The English Revolution was in the main a protest against the attempt of

James II to establish a despotism in alliance with France and Rome. It

was almost entirely a movement of the aristocracy, and, for the most

part, it was aristocratic opposition that it encountered. What it did

was to make for ever impossible 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 William's adherents. An

unconstitutional Parliament thereupon declared the throne vacant; and

after much negotiation William and Mary were invited to occupy it. To

William the invitation was irresistible. It gave him the assistance of

the first maritime power in Europe against the imperialism of Louis XIV.

It ensured the survival of Protestantism against the encroachments of an

enemy who never slumbered. Nor did England find the new régime

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 commercial classes gave it their warm support; 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 definite 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

regulated. The reign of William is nothing so much as the period of that

definition; 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 Settlement (1701) are the foundation-stones

of the modern constitutional system.

What, broadly, was established was the dependence of the crown upon

Parliament. Finance and the army were brought under Parliamentary

control by the simple expedient of making its annual summons essential.

The right of petition was re-affirmed; and the independence of the

judges and ministerial responsibility were secured by the same act which

forever 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 effected. Not, indeed, that the solution

worked easily at the outset. William remained 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 immense

possibilities of the party-system as also to accept his own best

safeguard in the foundation of the Bank of England. The Cabinet,

towards the close of his reign, had already become the fundamental

administrative instrument. Originally a committee of the Privy Council,

it had no party basis until the ingenious Sunderland atoned for a score

of dishonesties by insisting that the root of its efficiency 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 feverishness in the atmosphere of the reign which shows how many

kept an anxious eye on St. Germain even while they attended the morning

levee at Whitehall.

What secured the permanence of the settlement was less the policy of

William than the blunder 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 moments of his tragic

exile by the falsely chivalrous recognition of the Old Pretender 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

appeared--by their deliberate choice and the settlement of which he was

the symbol would be maintained. Parliament granted to William all that

his foreign policy could have demanded. His own death was only the

prelude to the victories of Marlborough. 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 permanence 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 William, and make

good his title in the consent of the people." In the debate which

followed his argument remained unanswered, 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 to

him the acutest of his insights; though the principles of the American

Revolution 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 profound 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 emphasized the principle of

consent that when contractualism came in its turn to be discarded, it

was discovered that Locke suffered 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 natural badness of men,

while Locke assumed their goodness and made his contract essential to

their opportunity for moral expression. Nor did he, like Rousseau, 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

psychological foundations of politics. What he did was rather to fasten

upon the great institutional necessity of his time--the provision of

channels of assent--and emphasize its importance to the exclusion of all

other factors. The problem is in fact more complex; and the solution he

indicated became so natural a part of the political fabric that the

value of his emphasis upon its import was largely forgotten when men

again took up the study of foundations.

John Locke was born at Wrington in Somerset on the 29th of August, 1632.

His father was clerk to the county justices 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 exercises; nor does he seem to have conceived any

affection for Oxford whither he proceeded 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 intellectual laxity rescued it from the "wrangling and

ostentation" of the peripatetic 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 respect. In 1659

he accepted a Senior Studentship of his college, which he retained until

he was deemed politically undesirable 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 friendship of Boyle; and

while he was administering 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 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 physician 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 counsellor. 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 toleration. In 1672, when Ashley became Lord Chancellor, he

became Secretary of Presentations and, until 1675, Secretary to the

Council of Trade and Foreign Plantations. Meanwhile he carried on his

medical work and must have obtained some reputation in it; for he is

honorably mentioned 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 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

Shaftesbury in the passionate debates upon the Exclusion Bill. Locke

followed his patron into exile, remaining abroad from 1683 until 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 bequeathed him a pension. As it was, he had no easy time.

His extradition was demanded by James II after the Monmouth rebellion;

and though he was later pardoned he refused to return to England until

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 grounds of

expediency, Locke never acknowledged 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 admitted work appeared. But

the rough attempts 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 year of his Dutch exile.[1]

[Footnote 1: On the evidence for these dates see the convincing argument

of Mr. Fox-Bourne in his _Life of Locke_, Vol. II, pp. 165-7.]

The remaining fourteen years of Locke's life were passed in

semi-retirement in East Anglia. Though he held public office, first as

Commissioner of Appeals, and later of Trade, for twelve years, he could

not stand the pressure of London writers, and his public work was only

intermittent. His counsel, nevertheless, was highly valued; and he seems

to have won no small confidence from William in diplomatic matters.

Somers and Charles Montagu held him in high respect, and he had the

warm friendship of Sir Isaac Newton. He published some short discussions

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 Emile'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 Stillingfleet 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 already been done, and he spent his energies in rewarding the

affection of his friends. Locke died on October 28, 1704, amid

circumstances of singular majesty. He had lived a full life, and few

have so completely 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.[2]

[Footnote 2: Fox-Bourne, _op. cit_. Letter from Lady Masham to Jean le

Clerc.]

III

Locke's _Two Treatises of Government_ are different both in object and

in value. The first is a detailed and tiresome response to the historic

imagination of Sir Robert Filmer. In his _Patriarcha_, 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 Filmer of Hobbes, "about the Rights of _exercising_

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 universal 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

Locke should have wasted the resources of his intelligence upon so

feeble an opponent. 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

department 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 answering

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 chaplain 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 Penalties," exist? It can only be for the public benefit, and

our enquiry is thus a study of the grounds of political obedience. Locke

thus traverses the ground Hobbes had covered in his _Leviathan_ though

he rejects 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 prevail 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 régime. 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

antecedent. 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 impulses. By liberty Locke means the right of the

individual to follow his own bent granted only his observance of the

law of nature. Law, in such an aspect, is clearly a means to the

realization of freedom 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 acknowledgment the conditions upon which individual caprice may

have its play. Property Locke derives from a primitive communism 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

integral 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

because the intelligences of men are different there is an inconvenient

variety in the conceptions of justice. The result is uncertainty and

chaos; and means of escape must be found from a condition which the

weakness of men must ultimately 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 represent 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

community 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 is Locke's state a sovereign State: the very

word "sovereignty" does not occur, significantly enough, throughout the

treatise. The State has power only for the protection of natural law.

Its province ends when it passes beyond those boundaries.

Such a contract, in Locke's view, involves the pre-eminent necessity of

majority-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 institution of political society. And it is further to be

assumed that the individual has surrendered to the community his

individual right of carrying out the judgment involved in natural law.

Whether Locke conceived the contract so formulated to be historical, it

is no easy matter to determine. That no evidence of its early existence

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 somehow demonstrable by facts. More important than origins, he

seems to deem its implications. He has placed consent in the foreground

of the argument; and he 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 born 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 bound to its perpetuation simply because unless

the majority had power to enforce obedience government, in any

satisfactory sense, would be impossible. With children the case is

different. They are born subjects of no government or country; and their

consent to its laws must either be derived from express acknowledgment,

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 common 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.

We have thus the State, though the method of its organization is not

yet outlined. For Locke there is a difference, though he did not

explicitly describe its nature, between State and Government. Indeed he

sometimes approximates, without ever formally adopting, the attitude of

Pufendorf, his great German contemporary, 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

community whose single will, as manifested by majority-verdict, could

not be challenged by any lesser organ than itself. Government 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 government into three. Where the power of making laws is in a single

hand we have a monarchy; where it is exercised by a few or all we have

alternatively oligarchy and democracy. The disposition of the

legislative power is the fundamental test of type; for executive and

judiciary are clearly dependent on it. Nor, as Hobbes argued, is the

form of government permanent in character; the supreme community 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

observe. Nor is oligarchy much better off since it emphasizes the

interest of a group against the superior interest of the community as a

whole. Democracy alone proffers adequate safeguards of an enduring 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 kingship. His letters show that he disliked the Cromwellian

system and the republicanism 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 acknowledged to be dependent upon

popular consent. The main thing was to be rid of the Divine Right of

kings.

We have thus an organ for the interpretation of natural law free from

the shifting variety of individual judgment. We have a means for

securing impartial justice 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 function 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 individual members, and as a

collective body; and the power which deals with this aspect of its

relationships, Locke termed "federative." This last distinction, indeed,

has no special value; and its author's own defence of it is far from

clear. More important, especially, for future history, was his emphasis

of the distinction between 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

ceaseless in their vigilance. It is better, therefore, 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 community,

contrary to the end of society and government." The legislator must

therefore be bound by his own laws; and he must be chosen in such

fashion that the representative assembly may fairly represent its

constituencies. It was the patent anomalies of the existent scheme of

distribution which made Locke here proffer his famous suggestion that

the rotten boroughs should be abolished by executive act. One hundred

and forty years were still to pass before this wise suggestion was

translated into statute.

Though Locke thus insisted upon the 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 ordinances when the legislature is not

in session, 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 remarks. Nor is his surrender here of

consent 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 revolution. It is interesting that he

should have adopted this position; for in 1676 he had uttered the

thought that not even the demands of conscience[3] 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 government. 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 authority is to oppose force to it." Let the

sovereign but step outside the powers derived from the social contract

and resistance becomes a natural right. But how define such invasion of

powers? The instances 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

instruments, betrayal to a foreign prince, prevention of the due

assemblage of Parliament--all these are a perversion of the trust

imposed and operate to effect the dissolution of the contract. The

state of nature again supervenes, and a new contract may be made with

one more fitted to observe it. Here, also, Locke takes occasion to deny

the central position of Hobbes' thesis. Power, the latter had argued,

must be absolute and there cannot, therefore, be usurpation. But Locke

retorts that an absolute government is no government at all since it

proceeds by caprice instead of reason; and it is comparable only to a

state of war since it implies 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 government is a moral trust, and the

idea of limitation is therein implied. But a limitation without the

means of enforcement would be worthless, and revolution remains as the

reserve power in society. The only hindrance to its exertion that Locke

suggests is that of number. Revolution 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.

[Footnote 3: King, _Life of Locke_, pp. 62, 63.]

The problem of Church and State demanded a separate discussion; and it

is difficult not to feel that the great _Letter on Toleration_ is the

noblest of all his utterances. 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 century Robert Brown and William the Silent had denounced the

persecution of sincere belief. Early Baptists like Busher and Richardson

had finely 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 incompatibility between a religion of love and a spirit of hate. Nor

had example been wanting. The religious freedom of Holland was narrow,

as Spinoza had found, but it was still freedom. Rhode Island,

Pennsylvania, South Carolina and Massachusetts had all embarked upon

admirable experiment; and Penn himself had aptly said that a man may go

to chapel instead of church, even while he remains 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 destructive of

the State are entertained or a party subversive of peace makes its

appearance, 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 power. Mahomedan morals are incompatible with European

civil systems; and the central factor in atheism is the absence of the

only ultimately satisfactory sanction 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 grounds, 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 majority 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 believe

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 voluntary society, which

can exert no power save over its members. It may use its own ceremonies,

but it cannot impose them on the unwilling; and since persecution is

alien from the spirit of Christ, exclusion from membership 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 controversy did not make him

modify these principles; 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 general doctrine. He is at

all points the offspring of a great and unbroken tradition; and that not

the least when he seems unconscious 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 elsewhere

had recommended the works of Grotius and Pufendorf as an essential

element 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 freshness 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 irritating pedantry of biblical citation. Yet

even with these novelties, no estimate of his work would be complete

which failed to take account of the foundations 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 contrast to Aristotle's experimentalism. To the latter, also,

may be traced the separation of powers; and it was then but little more

than a hundred years since Bodin had been taken to make the doctrine 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 Presbyterians, Suarez and Mariana among

Catholics, the author of the _Vindiciæ_ 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 entails

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

hundred controversialists; and his argument can hardly claim either the

lofty eloquence of Jeremy Taylor or the cogent simplicity of William

Penn.

What differentiates Locke from all his predecessors is the manner of his

writing on the one hand, and the fact of the Revolution on the other.

Every previous thinker save Sydney--the latter's work was not published

until 1689--was writing with the Church hardly less in mind than the

purely political problems of the State; even the secular Hobbes had

devoted 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 religious tyrant; and Cartwright was as careful to

exclude political oppression from the grounds of revolution as Locke was

to insist upon it as the fundamental excuse. Locke is, in fact, the

first of English thinkers the basis of whose argument is mainly secular.

Not, indeed, that he can wholly escape the trammels of ecclesiasticism;

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. He is

attempting, that is to say, a separation between Church and State not

merely in that Scoto-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 political, and all other questions

are subsidiary 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

significance. 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 anterior

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

become the creatures of a power 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 realization

of freedom; and the purpose of the State, in any sense save the mere

satisfaction 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 safeguard against their usurpation. A merely

legal theory of the State can never, therefore, exhaust the problems of

political 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 accepted in the form he made it, the underlying 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 "natural law with changing content"[4]--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 dispute '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.

[Footnote 4: Cf. my _Authority in the Modern State_, p. 64., and

the references there cited.]

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 amounts to in

substance--it is a significant anticipation of Rousseau--is a denial

that sovereignty can exist anywhere save in the community as a whole. A

common political 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 Rousseau

tried to disguise under the name of the general will; but obviously the

conception lacks precision enough to give the notion 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 unavoidable, 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 Parliament which Bentham and

Austin crystallized 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.[5]

[Footnote 5: Cf. my _Problem of Sovereignty_, Chap. I.]

The internal limitation Locke suggested is of more doubtful value.

Government, he says, in substance, is a trustee and trustees abuse their

power; let us therefore divide it as to parts and persons that the

temptation to usurp may be diminished. There is a long history to this

doctrine 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 distinguish. 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 company 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 declaration of law and his making of it.[6] Every government

department is compelled to legislate, and, often enough, to undertake

judicial functions. The American history of the separation of powers

has most largely been an attempt to bridge them; and all that has been

gained is to drive the best talent, save on rare occasion, from its

public life. In France the separation of powers meant, until recent

times, the excessive 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 modern State at no point justifies the

rigid categories into which Locke sought its division.[7]

[Footnote 6: Cf. Mr. Justice Holmes' remarks in _Jensen_ v.

_Southern Pacific_, 244 U.S. 221.]

[Footnote 7: Cf. my _Authority in the Modern State_, pp. 70 f.]

Nor must we belittle the criticism, in its clearest form the work of

Fitz James Stephen,[8] that has been levelled at Locke's theory of

toleration. For the larger part of the modern world, his argument is

acceptable enough; and its ingenious compromises have made it especially

representative of the English temper. Yet much of it hardly meets the

argument that some of his opponents, as Proast for example, 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 between

Church and State falls to the ground. Nor can it be doubted that he

underestimated the power of coercion 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 Roman 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 approximate to blasphemy. Nor could any

serious Christian accept the view that "under the gospel '...there is no

such thing as a Christian commonwealth'"; to Catholics and Presbyterians

this must have appeared the merest travesty of their faith.

[Footnote 8: Cf. also Coleridge's apt remark. _Table Talk_, Jan. 3,

1834.]

Here, indeed, as elsewhere Locke is the true progenitor of Benthamism,

and his work can hardly be understood save in this context. Just as in

his ethical enquiries it was always the happiness of the individual 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 experience that he made his

appeal; and this perhaps explains the clear sense of a contempt for past

tradition which pervades all his work. "That which is for the public

welfare," he said, "is God's will"; and therein we have the root of that

utilitarianism 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 utilitarianism demanded led to an over-emphasis of

human rationalism. No one can read the _Second Treatise_ without

perceiving that Locke looked upon the State as a machine which can be

built and taken to pieces in very simple fashion. Herein, undoubtedly,

he over-simplified the problem; and that made him miss some of the

cardinal points a true psychology of the State must seize. His very

contractualism, indeed, is part of this affection for the rational. It

resulted in his failure to perceive how complex is the mass of motives

imbedded in the political act. The significance of herd instinct and the

vast primitive 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 substance

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 generation. 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 republicanism and the roots of

atheistic doctrine in his work; and even the theories of Filmer could

find defenders against him in the Indian summer of prerogative under

Queen Anne. John Hutton informed a friend that he was not less dangerous

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 Molyneux could embody the

ideas of the "incomparable 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 preface from one

who, as Molyneux wrote to Locke,[9] never met the Irish writer without

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

Pufendorf which he published in 1706, cites no writer so often as

Locke. The speeches for the prosecution in the trial of Sacheverell were

almost wholesale adaptations of his teaching; and even the accused

counsel admitted the legality of James' deposition in his speech for the

defence.

[Footnote 9: Locke, Works (ed. of 1812), IX. 435.]

More valuable testimony is not wanting. In the _Spectator_, on six

separate occasions, Addison speaks of him as one whose possession is a

national glory. Defoe in his _Original Power of the People of England_

made Locke the common possession of the average man, and offered his

acknowledgments 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 summarized his teaching in

the form that Bolingbroke chose to give it. Hoadly, in his _Original and

Institution 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 his habit of belittling 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 considered this

self-eulogy instead of tribute. Sir Thomas Hollis, 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 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 sum 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 significance. 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 Concerning Civil Government_ and his _Four Letters_ he

declares himself unable to understand on what Locke's reputation was

based. Meanwhile the English disciples of Rousseau in the persons of

Price and Priestley suggested to him that Locke, "the idol of the

levellers of England," was the parent also of French destructiveness.

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 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 unsparing than Locke's own. It is more instructive to

compare his work with Hobbes and Rousseau than with later thinkers; for

after Hume English speculation works in a medium Locke would not have

understood. Clearly enough, he has nothing of the relentless logic which

made Hobbes' mind the clearest instrument in the history of English

philosophy. Nor has he Hobbes' sense of style or pungent grasp of the

grimness of facts about him. Yet he need not fear the comparison with

the earlier 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 approximation to the Hobbesian

view. And anyone who surveys the history of Church and State in America

will be tempted to assert that in the last hundred years the

separateness 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 conscience the subjects of a power he forbids

them to judge. Locke saw that vigilance is the sister of liberty, where

Hobbes dismissed 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

splendidly 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 contrast, for the simple reason that his

teaching is only a broadening of the channel dug by Locke. No element

integral to the _Two Treatises_ is absent from the _Social Contract_.

Rousseau, indeed, in many aspects saw deeper than his predecessor. The

form into which he threw his questions 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 contribution upon

which Rousseau's fame has mainly rested is at any point a real advance

upon Locke. The general will, in practical instead of semi-mystic terms,

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 majority 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 individuality than Rousseau's. The latter made much

show of an impartible and inalienable 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 modern

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 time may be discovered is in our sense of the impossibility

that a final answer can be found to political questions. Each age has

new materials at its command; and, today, a static philosophy would

condemn itself before completion. We do not build Utopias; and the

attempt to discover the eternal principles of political 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

resemblance to our own. The emphasis, now as then, is upon the problem

of freedom. The problem, now as then, was its translation into

institutional terms. It is the glory of Locke that he brought a generous

patience and a searching wisdom to the solution he proffered to his

generation.

Political thought in England from Locke to Bentham · 第 2 / 8 章