By liberty I mean the assurance that every man shall be protected in

doing what he believes his duty against the influence of authority and

majorities, custom and opinion. The State is competent to assign duties

and draw the line between good and evil only in its immediate sphere.

Beyond the limits of things necessary for its well-being, it can only

give indirect help to fight the battle of life by promoting the

influences which prevail against temptation,--religion, education, and

the distribution of wealth. In ancient times the State absorbed

authorities not its own, and intruded on the domain of personal freedom.

In the Middle Ages it possessed too little authority, and suffered

others to intrude. Modern States fall habitually into both excesses. The

most certain test by which we judge whether a country is really free is

the amount of security enjoyed by minorities. Liberty, by this

definition, is the essential condition and guardian of religion; and it

is in the history of the Chosen People, accordingly, that the first

illustrations of my subject are obtained. The government of the

Israelites was a Federation, held together by no political authority,

but by the unity of race and faith, and founded, not on physical force,

but on a voluntary covenant. The principle of self-government was

carried out not only in each tribe, but in every group of at least 120

families; and there was neither privilege of rank nor inequality before

the law. Monarchy was so alien to the primitive spirit of the community

that it was resisted by Samuel in that momentous protestation and

warning which all the kingdoms of Asia and many of the kingdoms of

Europe have unceasingly confirmed. The throne was erected on a compact;

and the king was deprived of the right of legislation among a people

that recognised no lawgiver but God, whose highest aim in politics was

to restore the original purity of the constitution, and to make its

government conform to the ideal type that was hallowed by the sanctions

of heaven. The inspired men who rose in unfailing succession to prophesy

against the usurper and the tyrant, constantly proclaimed that the laws,

which were divine, were paramount over sinful rulers, and appealed from

the established authorities, from the king, the priests, and the princes

of the people, to the healing forces that slept in the uncorrupted

consciences of the masses. Thus the example of the Hebrew nation laid

down the parallel lines on which all freedom has been won--the doctrine

of national tradition and the doctrine of the higher law; the principle

that a constitution grows from a root, by process of development, and

not of essential change; and the principle that all political

authorities must be tested and reformed according to a code which was

not made by man. The operation of these principles, in unison, or in

antagonism, occupies the whole of the space we are going over together.

The conflict between liberty under divine authority and the absolutism

of human authorities ended disastrously. In the year 622 a supreme

effort was made at Jerusalem to reform and preserve the State. The High

Priest produced from the temple of Jehovah the book of the deserted and

forgotten Law, and both king and people bound themselves by solemn oaths

to observe it. But that early example of limited monarchy and of the

supremacy of law neither lasted nor spread; and the forces by which

freedom has conquered must be sought elsewhere. In the very year 586, in

which the flood of Asiatic despotism closed over the city which had

been, and was destined again to be, the sanctuary of freedom in the

East, a new home was prepared for it in the West, where, guarded by the

sea and the mountains, and by valiant hearts, that stately plant was

reared under whose shade we dwell, and which is extending its invincible

arms so slowly and yet so surely over the civilised world.

According to a famous saying of the most famous authoress of the

Continent, liberty is ancient, and it is despotism that is new. It has

been the pride of recent historians to vindicate the truth of that

maxim. The heroic age of Greece confirms it, and it is still more

conspicuously true of Teutonic Europe. Wherever we can trace the earlier

life of the Aryan nations we discover germs which favouring

circumstances and assiduous culture might have developed into free

societies. They exhibit some sense of common interest in common

concerns, little reverence for external authority, and an imperfect

sense of the function and supremacy of the State. Where the division of

property and labour is incomplete there is little division of classes

and of power. Until societies are tried by the complex problems of

civilisation they may escape despotism, as societies that are

undisturbed by religious diversity avoid persecution. In general, the

forms of the patriarchal age failed to resist the growth of absolute

States when the difficulties and temptations of advancing life began to

tell; and with one sovereign exception, which is not within my scope

to-day, it is scarcely possible to trace their survival in the

institutions of later times. Six hundred years before the birth of

Christ absolutism held unbounded sway. Throughout the East it was

propped by the unchanging influence of priests and armies. In the West,

where there were no sacred books requiring trained interpreters, the

priesthood acquired no preponderance, and when the kings were overthrown

their powers passed to aristocracies of birth. What followed, during

many generations, was the cruel domination of class over class, the

oppression of the poor by the rich, and of the ignorant by the wise. The

spirit of that domination found passionate utterance in the verses of

the aristocratic poet Theognis, a man of genius and refinement, who

avows that he longed to drink the blood of his political adversaries.

From these oppressors the people of many cities sought deliverance in

the less intolerable tyranny of revolutionary usurpers. The remedy gave

new shape and energy to the evil. The tyrants were often men of

surprising capacity and merit, like some of those who, in the fourteenth

century, made themselves lords of Italian cities; but rights secured by

equal laws and by sharing power existed nowhere.

From this universal degradation the world was rescued by the most gifted

of the nations. Athens, which like other cities was distracted and

oppressed by a privileged class, avoided violence and appointed Solon to

revise its laws. It was the happiest choice that history records. Solon

was not only the wisest man to be found in Athens, but the most profound

political genius of antiquity; and the easy, bloodless, and pacific

revolution by which he accomplished the deliverance of his country was

the first step in a career which our age glories in pursuing, and

instituted a power which has done more than anything, except revealed

religion, for the regeneration of society. The upper class had possessed

the right of making and administering the laws, and he left them in

possession, only transferring to wealth what had been the privilege of

birth. To the rich, who alone had the means of sustaining the burden of

public service in taxation and war, Solon gave a share of power

proportioned to the demands made on their resources. The poorest classes

were exempt from direct taxes, but were excluded from office. Solon gave

them a voice in electing magistrates from the classes above them, and

the right of calling them to account. This concession, apparently so

slender, was the beginning of a mighty change. It introduced the idea

that a man ought to have a voice in selecting those to whose rectitude

and wisdom he is compelled to trust his fortune, his family, and his

life. And this idea completely inverted the notion of human authority,

for it inaugurated the reign of moral influence where all political

power had depended on moral force. Government by consent superseded

government by compulsion, and the pyramid which had stood on a point was

made to stand upon its base. By making every citizen the guardian of his

own interest Solon admitted the element of Democracy into the State. The

greatest glory of a ruler, he said, is to create a popular government.

Believing that no man can be entirely trusted, he subjected all who

exercised power to the vigilant control of those for whom they acted.

The only resource against political disorders that had been known till

then was the concentration of power. Solon undertook to effect the same

object by the distribution of power. He gave to the common people as

much influence as he thought them able to employ, that the State might

be exempt from arbitrary government. It is the essence of Democracy, he

said, to obey no master but the law. Solon recognised the principle that

political forms are not final or inviolable, and must adapt themselves

to facts; and he provided so well for the revision of his constitution,

without breach of continuity or loss of stability, that for centuries

after his death the Attic orators attributed to him, and quoted by his

name, the whole structure of Athenian law. The direction of its growth

was determined by the fundamental doctrine of Solon, that political

power ought to be commensurate with public service. In the Persian war

the services of the Democracy eclipsed those of the Patrician orders,

for the fleet that swept the Asiatics from the Egean Sea was manned by

the poorer Athenians. That class, whose valour had saved the State and

had preserved European civilisation, had gained a title to increase of

influence and privilege. The offices of State, which had been a monopoly

of the rich, were thrown open to the poor, and in order to make sure

that they should obtain their share, all but the highest commands were

distributed by lot.

Whilst the ancient authorities were decaying, there was no accepted

standard of moral and political right to make the framework of society

fast in the midst of change. The instability that had seized on the

forms threatened the very principles of government. The national beliefs

were yielding to doubt, and doubt was not yet making way for knowledge.

There had been a time when the obligations of public as well as private

life were identified with the will of the gods. But that time had

passed. Pallas, the ethereal goddess of the Athenians, and the Sun god

whose oracles, delivered from the temple between the twin summits of

Parnassus, did so much for the Greek nationality, aided in keeping up a

lofty ideal of religion; but when the enlightened men of Greece learnt

to apply their keen faculty of reasoning to the system of their

inherited belief, they became quickly conscious that the conceptions of

the gods corrupted the life and degraded the minds of the public.

Popular morality could not be sustained by the popular religion. The

moral instruction which was no longer supplied by the gods could not yet

be found in books. There was no venerable code expounded by experts, no

doctrine proclaimed by men of reputed sanctity like those teachers of

the far East whose words still rule the fate of nearly half mankind. The

effort to account for things by close observation and exact reasoning

began by destroying. There came a time when the philosophers of the

Porch and the Academy wrought the dictates of wisdom and virtue into a

system so consistent and profound that it has vastly shortened the task

of the Christian divines. But that time had not yet come.

The epoch of doubt and transition during which the Greeks passed from

the dim fancies of mythology to the fierce light of science was the age

of Pericles, and the endeavour to substitute certain truth for the

prescriptions of impaired authorities, which was then beginning to

absorb the energies of the Greek intellect, is the grandest movement in

the profane annals of mankind, for to it we owe, even after the

immeasurable progress accomplished by Christianity, much of our

philosophy and far the better part of the political knowledge we

possess. Pericles, who was at the head of the Athenian Government, was

the first statesman who encountered the problem which the rapid

weakening of traditions forced on the political world. No authority in

morals or in politics remained unshaken by the motion that was in the

air. No guide could be confidently trusted; there was no available

criterion to appeal to, for the means of controlling or denying

convictions that prevailed among the people. The popular sentiment as to

what was right might be mistaken, but it was subject to no test. The

people were, for practical purposes, the seat of the knowledge of good

and evil. The people, therefore, were the seat of power.

The political philosophy of Pericles consisted of this conclusion. He

resolutely struck away all the props that still sustained the artificial

preponderance of wealth. For the ancient doctrine that power goes with

land, he introduced the idea that power ought to be so equitably

diffused as to afford equal security to all. That one part of the

community should govern the whole, or that one class should make laws

for another, he declared to be tyrannical. The abolition of privilege

would have served only to transfer the supremacy from the rich to the

poor, if Pericles had not redressed the balance by restricting the right

of citizenship to Athenians of pure descent. By this measure the class

which formed what we should call the third estate was brought down to

14,000 citizens, and became about equal in numbers with the higher

ranks. Pericles held that every Athenian who neglected to take his part

in the public business inflicted an injury on the commonwealth. That

none might be excluded by poverty, he caused the poor to be paid for

their attendance out of the funds of the State; for his administration

of the federal tribute had brought together a treasure of more than two

million sterling. The instrument of his sway was the art of speaking. He

governed by persuasion. Everything was decided by argument in open

deliberation, and every influence bowed before the ascendency of mind.

The idea that the object of constitutions is not to confirm the

predominance of any interest, but to prevent it; to preserve with equal

care the independence of labour and the security of property; to make

the rich safe against envy, and the poor against oppression, marks the

highest level attained by the statesmanship of Greece. It hardly

survived the great patriot who conceived it; and all history has been

occupied with the endeavour to upset the balance of power by giving the

advantage to money, land, or numbers. A generation followed that has

never been equalled in talent--a generation of men whose works, in

poetry and eloquence, are still the envy of the world, and in history,

philosophy, and politics remain unsurpassed. But it produced no

successor to Pericles, and no man was able to wield the sceptre that

fell from his hand.

It was a momentous step in the progress of nations when the principle

that every interest should have the right and the means of asserting

itself was adopted by the Athenian Constitution. But for those who were

beaten in the vote there was no redress. The law did not check the

triumph of majorities or rescue the minority from the dire penalty of

having been outnumbered. When the overwhelming influence of Pericles was

removed, the conflict between classes raged without restraint, and the

slaughter that befell the higher ranks in the Peloponnesian war gave an

irresistible preponderance to the lower. The restless and inquiring

spirit of the Athenians was prompt to unfold the reason of every

institution and the consequences of every principle, and their

Constitution ran its course from infancy to decrepitude with unexampled

speed.

Two men's lives span the interval from the first admission of popular

influence, under Solon, to the downfall of the State. Their history

furnishes the classic example of the peril of Democracy under conditions

singularly favourable. For the Athenians were not only brave and

patriotic and capable of generous sacrifice, but they were the most

religious of the Greeks. They venerated the Constitution which had given

them prosperity, and equality, and freedom, and never questioned the

fundamental laws which regulated the enormous power of the Assembly.

They tolerated considerable variety of opinion and great licence of

speech; and their humanity towards their slaves roused the indignation

even of the most intelligent partisan of aristocracy. Thus they became

the only people of antiquity that grew great by democratic institutions.

But the possession of unlimited power, which corrodes the conscience,

hardens the heart, and confounds the understanding of monarchs,

exercised its demoralising influence on the illustrious democracy of

Athens. It is bad to be oppressed by a minority, but it is worse to be

oppressed by a majority. For there is a reserve of latent power in the

masses which, if it is called into play, the minority can seldom resist.

But from the absolute will of an entire people there is no appeal, no

redemption, no refuge but treason. The humblest and most numerous class

of the Athenians united the legislative, the judicial, and, in part, the

executive power. The philosophy that was then in the ascendant taught

them that there is no law superior to that of the State--the lawgiver is

above the law.

It followed that the sovereign people had a right to do whatever was

within its power, and was bound by no rule of right or wrong but its own

judgment of expediency. On a memorable occasion the assembled Athenians

declared it monstrous that they should be prevented from doing whatever

they chose. No force that existed could restrain them; and they resolved

that no duty should restrain them, and that they would be bound by no

laws that were not of their own making. In this way the emancipated

people of Athens became a tyrant; and their Government, the pioneer of

European freedom, stands condemned with a terrible unanimity by all the

wisest of the ancients. They ruined their city by attempting to conduct

war by debate in the marketplace. Like the French Republic, they put

their unsuccessful commanders to death. They treated their dependencies

with such injustice that they lost their maritime Empire. They plundered

the rich until the rich conspired with the public enemy, and they

crowned their guilt by the martyrdom of Socrates.

When the absolute sway of numbers had endured for near a quarter of a

century, nothing but bare existence was left for the State to lose; and

the Athenians, wearied and despondent, confessed the true cause of their

ruin. They understood that for liberty, justice, and equal laws, it is

as necessary that Democracy should restrain itself as it had been that

it should restrain the Oligarchy. They resolved to take their stand once

more upon the ancient ways, and to restore the order of things which had

subsisted when the monopoly of power had been taken from the rich and

had not been acquired by the poor. After a first restoration had failed,

which is only memorable because Thucydides, whose judgment in politics

is never at fault, pronounced it the best Government Athens had enjoyed,

the attempt was renewed with more experience and greater singleness of

purpose. The hostile parties were reconciled, and proclaimed an

amnesty, the first in history. They resolved to govern by concurrence.

The laws, which had the sanction of tradition, were reduced to a code;

and no act of the sovereign assembly was valid with which they might be

found to disagree. Between the sacred lines of the Constitution which

were to remain inviolate, and the decrees which met from time to time

the needs and notions of the day, a broad distinction was drawn; and the

fabric of a law which had been the work of generations was made

independent of momentary variations in the popular will. The repentance

of the Athenians came too late to save the Republic. But the lesson of

their experience endures for all times, for it teaches that government

by the whole people, being the government of the most numerous and most

powerful class, is an evil of the same nature as unmixed monarchy, and

requires, for nearly the same reasons, institutions that shall protect

it against itself, and shall uphold the permanent reign of law against

arbitrary revolutions of opinion.

* * * * *

Parallel with the rise and fall of Athenian freedom, Rome was employed

in working out the same problems, with greater constructive sense, and

greater temporary success, but ending at last in a far more terrible

catastrophe. That which among the ingenious Athenians had been a

development carried forward by the spell of plausible argument, was in

Rome a conflict between rival forces. Speculative politics had no

attraction for the grim and practical genius of the Romans. They did not

consider what would be the cleverest way of getting over a difficulty,

but what way was indicated by analogous cases; and they assigned less

influence to the impulse and spirit of the moment, than to precedent and

example. Their peculiar character prompted them to ascribe the origin of

their laws to early times, and in their desire to justify the continuity

of their institutions, and to get rid of the reproach of innovation,

they imagined the legendary history of the kings of Rome. The energy of

their adherence to traditions made their progress slow, they advanced

only under compulsion of almost unavoidable necessity, and the same

questions recurred often, before they were settled. The constitutional

history of the Republic turns on the endeavours of the aristocracy, who

claimed to be the only true Romans, to retain in their hands the power

they had wrested from the kings, and of the plebeians to get an equal

share in it. And this controversy, which the eager and restless

Athenians went through in one generation, lasted for more than two

centuries, from a time when the _plebs_ were excluded from the

government of the city, and were taxed, and made to serve without pay,

until, in the year 286, they were admitted to political equality. Then

followed one hundred and fifty years of unexampled prosperity and glory;

and then, out of the original conflict which had been compromised, if

not theoretically settled, a new struggle arose which was without an

issue.

The mass of poorer families, impoverished by incessant service in war,

were reduced to dependence on an aristocracy of about two thousand

wealthy men, who divided among themselves the immense domain of the

State. When the need became intense the Gracchi tried to relieve it by

inducing the richer classes to allot some share in the public lands to

the common people. The old and famous aristocracy of birth and rank had

made a stubborn resistance, but it knew the art of yielding. The later

and more selfish aristocracy was unable to learn it. The character of

the people was changed by the sterner motives of dispute. The fight for

political power had been carried on with the moderation which is so

honourable a quality of party contests in England. But the struggle for

the objects of material existence grew to be as ferocious as civil

controversies in France. Repulsed by the rich, after a struggle of

twenty-two years, the people, three hundred and twenty thousand of whom

depended on public rations for food, were ready to follow any man who

promised to obtain for them by revolution what they could not obtain by

law.

For a time the Senate, representing the ancient and threatened order of

things, was strong enough to overcome every popular leader that arose,

until Julius Caesar, supported by an army which he had led in an

unparalleled career of conquest, and by the famished masses which he won

by his lavish liberality, and skilled beyond all other men in the art of

governing, converted the Republic into a Monarchy by a series of

measures that were neither violent nor injurious.

The Empire preserved the Republican forms until the reign of Diocletian;

but the will of the Emperors was as uncontrolled as that of the people

had been after the victory of the Tribunes. Their power was arbitrary

even when it was most wisely employed, and yet the Roman Empire rendered

greater services to the cause of liberty than the Roman Republic. I do

not mean by reason of the temporary accident that there were emperors

who made good use of their immense opportunities, such as Nerva, of whom

Tacitus says that he combined monarchy and liberty, things otherwise

incompatible; or that the Empire was what its panegyrists declared it,

the perfection of Democracy. In truth it was at best an ill-disguised

and odious despotism. But Frederic the Great was a despot; yet he was a

friend to toleration and free discussion. The Bonapartes were despotic;

yet no liberal ruler was ever more acceptable to the masses of the

people than the First Napoleon, after he had destroyed the Republic, in

1805, and the Third Napoleon at the height of his power in 1859. In the

same way, the Roman Empire possessed merits which, at a distance, and

especially at a great distance of time, concern men more deeply than the

tragic tyranny which was felt in the neighbourhood of the Palace. The

poor had what they had demanded in vain of the Republic. The rich fared

better than during the Triumvirate. The rights of Roman citizens were

extended to the people of the provinces. To the imperial epoch belong

the better part of Roman literature and nearly the entire Civil Law; and

it was the Empire that mitigated slavery, instituted religious

toleration, made a beginning of the law of nations, and created a

perfect system of the law of property. The Republic which Caesar

overthrew had been anything but a free State. It provided admirable

securities for the rights of citizens; it treated with savage disregard

the rights of men; and allowed the free Roman to inflict atrocious

wrongs on his children, on debtors and dependants, on prisoners and

slaves. Those deeper ideas of right and duty, which are not found on the

tables of municipal law, but with which the generous minds of Greece

were conversant, were held of little account, and the philosophy which

dealt with such speculations was repeatedly proscribed, as a teacher of

sedition and impiety.

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