Whilst Dorian oligarchs and Macedonian kings crushed the liberties of

Greece, the Roman Republic was ruined, not by its enemies, for there was

no enemy it did not conquer, but by its own vices. It was free from many

causes of instability and dissolution that were active in Greece--the

eager quickness, the philosophic thought, the independent belief, the

pursuit of unsubstantial grace and beauty. It was protected by many

subtle contrivances against the sovereignty of numbers and against

legislation by surprise. Constitutional battles had to be fought over

and over again; and progress was so slow, that reforms were often voted

many years before they could be carried into effect. The authority

allowed to fathers, to masters, to creditors, was as incompatible with

the spirit of freedom as the practice of the servile East. The Roman

citizen revelled in the luxury of power; and his jealous dread of every

change that might impair its enjoyment portended a gloomy oligarchy. The

cause which transformed the domination of rigid and exclusive patricians

into the model Republic, and which out of the decomposed Republic built

up the archetype of all despotism, was the fact that the Roman

Commonwealth consisted of two States in one. The constitution was made

up of compromises between independent bodies, and the obligation of

observing contracts was the standing security for freedom. The plebs

obtained self-government and an equal sovereignty, by the aid of the

tribunes of the people, the peculiar, salient, and decisive invention of

Roman statecraft. The powers conferred on the tribunes, that they might

be the guardians of the weak, were ill defined, but practically were

irresistible. They could not govern, but they could arrest all

government. The first and the last step of plebeian progress was gained

neither by violence nor persuasion, but by seceding; and, in like

manner, the tribunes overcame all the authorities of the State by the

weapon of obstruction. It was by stopping public business for five years

that Licinius established democratic equality. The safeguard against

abuse was the right of each tribune to veto the acts of his colleagues.

As they were independent of their electors, and as there could hardly

fail to be one wise and honest man among the ten, this was the most

effective instrument for the defence of minorities ever devised by man.

After the Hortensian law, which in the year 286 gave to the plebeian

assembly co-ordinate legislative authority, the tribunes ceased to

represent the cause of a minority, and their work was done.

A scheme less plausible or less hopeful than one which created two

sovereign legislatures side by side in the same community would be hard

to find. Yet it effectually closed the conflict of centuries, and gave

to Rome an epoch of constant prosperity and greatness. No real division

subsisted in the people, corresponding to the artificial division in the

State. Fifty years passed away before the popular assembly made use of

its prerogative, and passed a law in opposition to the senate. Polybius

could not detect a flaw in the structure as it stood. The harmony seemed

to be complete, and he judged that a more perfect example of composite

government could not exist. But during those happy years the cause which

wrought the ruin of Roman freedom was in full activity; for it was the

condition of perpetual war that brought about the three great changes

which were the beginning of the end--the reforms of the Gracchi, the

arming of the paupers, and the gift of the Roman suffrage to the people

of Italy.

Before the Romans began their career of foreign conquest they possessed

an army of 770,000 men; and from that time the consumption of citizens

in war was incessant. Regions once crowded with the small freeholds of

four or five acres, which were the ideal unit of Roman society and the

sinew of the army and the State, were covered with herds of cattle and

herds of slaves, and the substance of the governing democracy was

drained. The policy of the agrarian reform was to reconstitute this

peasant class out of the public domains, that is, out of lands which the

ruling families had possessed for generations, which they had bought and

sold, inherited, divided, cultivated, and improved. The conflict of

interests that had so long slumbered revived with a fury unknown in the

controversy between the patricians and the plebs. For it was now a

question not Of equal rights but of subjugation. The social restoration

of democratic elements could not be accomplished without demolishing the

senate; and this crisis at last exposed the defect of the machinery and

the peril of divided powers that were not to be controlled or

reconciled. The popular assembly, led by Gracchus, had the power of

making laws; and the only constitutional check was, that one of the

tribunes should be induced to bar the proceedings. Accordingly, the

tribune Octavius interposed his veto. The tribunician power, the most

sacred of powers, which could not be questioned because it was founded

on a covenant between the two parts of the community and formed the

keystone of their union, was employed, in opposition to the will of the

people, to prevent a reform on which the preservation of the democracy

depended. Gracchus caused Octavius to be deposed. Though not illegal,

this was a thing unheard of, and it seemed to the Romans a sacrilegious

act that shook the pillars of the State, for it was the first

significant revelation of democratic sovereignty. A tribune might burn

the arsenal and betray the city, yet he could not be called to account

until his year of office had expired. But when he employed against the

people the authority with which they had invested him, the spell was

dissolved. The tribunes had been instituted as the champions of the

oppressed, when the plebs feared oppression. It was resolved that they

should not interfere on the weaker side when the democracy were the

strongest. They were chosen by the people as their defence against the

aristocracy. It was not to be borne that they should become the agents

of the aristocracy to make them once more supreme. Against a popular

tribune, whom no colleague was suffered to oppose, the wealthy classes

were defenceless. It is true that he held office, and was inviolable,

only for a year. But the younger Gracchus was re-elected. The nobles

accused him of aiming at the crown. A tribune who should be practically

irremovable, as well as legally irresistible, was little less than an

emperor. The senate carried on the conflict as men do who fight, not for

public interests but for their own existence. They rescinded the

agrarian laws. They murdered the popular leaders. They abandoned the

constitution to save themselves, and invested Sylla with a power beyond

all monarchs, to exterminate their foes. The ghastly conception of a

magistrate legally proclaimed superior to all the laws was familiar to

the stern spirit of the Romans. The decemvirs had enjoyed that arbitrary

authority; but practically they were restrained by the two provisions

which alone were deemed efficacious in Rome, the short duration of

office, and its distribution among several colleagues. But the

appointment of Sylla was neither limited nor divided. It was to last as

long as he chose. Whatever he might do was right; and he was empowered

to put whomsoever he pleased to death, without trial or accusation. All

the victims who were butchered by his satellites suffered with the full

sanction of the law.

When at last the democracy conquered, the Augustan monarchy, by which

they perpetuated their triumph, was moderate in comparison with the

licensed tyranny of the aristocratic chief. The Emperor was the

constitutional head of the Republic, armed with all the powers requisite

to master the senate. The instrument which had served to cast down the

patricians was efficient against the new aristocracy of wealth and

office. The tribunician power, conferred in perpetuity, made it

unnecessary to create a king or a dictator. Thrice the senate proposed

to Augustus the supreme power of making laws. He declared that the power

of the tribunes already supplied him with all that he required. It

enabled him to preserve the forms of a simulated republic. The most

popular of all the magistracies of Rome furnished the marrow of

Imperialism. For the Empire was created, not by usurpation, but by the

legal act of a jubilant people, eager to close the era of bloodshed and

to secure the largess of grain and coin, which amounted, at last, to

900,000 pounds a year. The people transferred to the Emperor the

plenitude of their own sovereignty. To limit his delegated power was to

challenge their omnipotence, to renew the issue between the many and the

few which had been decided at Pharsalus and Philippi. The Romans upheld

the absolutism of the Empire because it was their own. The elementary

antagonism between liberty and democracy, between the welfare of

minorities and the supremacy of masses, became manifest. The friend of

the one was a traitor to the other. The dogma, that absolute power may,

by the hypothesis of a popular origin, be as legitimate as

constitutional freedom, began, by the combined support of the people and

the throne, to darken the air.

Legitimate, in the technical sense of modern politics, the Empire was

not meant to be. It had no right or claim to subsist apart from the will

of the people. To limit the Emperor's authority was to renounce their

own; but to take it away was to assert their own. They gave the Empire

as they chose. They took it away as they chose. The Revolution was as

lawful and as irresponsible as the Empire. Democratic institutions

continued to develop. The provinces were no longer subject to an

assembly meeting in a distant capital. They obtained the privileges of

Roman citizens. Long after Tiberius had stripped the inhabitants of Rome

of their electoral function, the provincials continued in undisturbed

enjoyment of the right of choosing their own magistrates. They governed

themselves like a vast confederation of municipal republics; and, even

after Diocletian had brought in the forms as well as the reality of

despotism, provincial assemblies, the obscure germ of representative

institutions, exercised some control over the Imperial officers.

But the Empire owed the intensity of its force to the popular fiction.

The principle, that the Emperor is not subject to laws from which he can

dispense others, _princeps legibus solutus_, was interpreted to imply

that he was above all legal restraint. There was no appeal from his

sentence. He was the living law. The Roman jurists, whilst they adorned

their writings with the exalted philosophy of the Stoics, consecrated

every excess of Imperial prerogative with those famous maxims which have

been balm to so many consciences and have sanctioned so much wrong; and

the code of Justinian became the greatest obstacle, next to feudalism,

with which liberty had to contend.

Ancient democracy, as it was in Athens in the best days of Pericles, or

in Rome when Polybius described it, or even as it is idealised by

Aristotle in the Sixth Book of his _Politics_, and by Cicero in the

beginning of the Republic, was never more than a partial and insincere

solution of the problem of popular government. The ancient politicians

aimed no higher than to diffuse power among a numerous class. Their

liberty was bound up with slavery. They never attempted to found a free

State on the thrift and energy of free labour. They never divined the

harder but more grateful task that constitutes the political life of

Christian nations.

By humbling the supremacy of rank and wealth; by forbidding the State to

encroach on the domain which belongs to God; by teaching man to love his

neighbour as himself; by promoting the sense of equality; by condemning

the pride of race, which was a stimulus of conquest, and the doctrine of

separate descent, which formed the philosopher's defence of slavery; and

by addressing not the rulers but the masses of mankind, and making

opinion superior to authority, the Church that preached the Gospel to

the poor had visible points of contact with democracy. And yet

Christianity did not directly influence political progress. The ancient

watchword of the Republic was translated by Papinian into the language

of the Church: "Summa est ratio quae pro religione fiat:" and for eleven

hundred years, from the first to the last of the Constantines, the

Christian Empire was as despotic as the pagan.

Meanwhile Western Europe was overrun by men who in their early home had

been Republicans. The primitive constitution of the German communities

was based on association rather than on subordination. They were

accustomed to govern their affairs by common deliberation, and to obey

authorities that were temporary and defined. It is one of the desperate

enterprises of historical science to trace the free institutions of

Europe and America, and Australia, to the life that was led in the

forests of Germany. But the new States were founded on conquest, and in

war the Germans were commanded by kings. The doctrine of

self-government, applied to Gaul and Spain, would have made Frank and

Goth disappear in the mass of the conquered people. It needed all the

resources of a vigorous monarchy, of a military aristocracy, and of a

territorial clergy, to construct States that were able to last. The

result was the feudal system, the most absolute contradiction of

democracy that has coexisted with civilisation.

The revival of democracy was due neither to the Christian Church nor to

the Teutonic State, but to the quarrel between them. The effect followed

the cause instantaneously. As soon as Gregory VII. made the Papacy

independent of the Empire, the great conflict began; and the same

pontificate gave birth to the theory of the sovereignty of the people.

The Gregorian party argued that the Emperor derived his crown from the

nation, and that the nation could take away what it had bestowed. The

Imperialists replied that nobody could take away what the nation had

given. It is idle to look for the spark either in flint or steel. The

object of both parties was unqualified supremacy. Fitznigel has no more

idea of ecclesiastical liberty than John of Salisbury of political.

Innocent IV. is as perfect an absolutist as Peter de Vineis. But each

party encouraged democracy in turn, by seeking the aid of the towns;

each party in turn appealed to the people, and gave strength to the

constitutional theory. In the fourteenth century English Parliaments

judged and deposed their kings, as a matter of right; the Estates

governed France without king or noble; and the wealth and liberties of

the towns, which had worked out their independence from the centre of

Italy to the North Sea, promised for a moment to transform European

society. Even in the capitals of great princes, in Rome, in Paris, and,

for two terrible days, in London, the commons obtained sway. But the

curse of instability was on the municipal republics. Strasburg,

according to Erasmus and Bodin, the best governed of all, suffered from

perpetual commotions. An ingenious historian has reckoned seven thousand

revolutions in the Italian cities. The democracies succeeded no better

than feudalism in regulating the balance between rich and poor. The

atrocities of the Jacquerie, and of Wat Tyler's rebellion, hardened the

hearts of men against the common people. Church and State combined to

put them down. And the last memorable struggles of mediaeval liberty--the

insurrection of the Comuneros in Castile, the Peasants' War in Germany,

the Republic of Florence, and the Revolt of Ghent--were suppressed by

Charles V. in the early years of the Reformation.

The middle ages had forged a complete arsenal of constitutional maxims:

trial by jury, taxation by representation, local self-government,

ecclesiastical independence, responsible authority. But they were not

secured by institutions, and the Reformation began by making the dry

bones more dry. Luther claimed to be the first divine who did justice to

the civil power. He made the Lutheran Church the bulwark of political

stability, and bequeathed to his disciples the doctrine of divine right

and passive obedience. Zwingli, who was a staunch republican, desired

that all magistrates should be elected, and should be liable to be

dismissed by their electors; but he died too soon for his influence, and

the permanent action of the Reformation on democracy was exercised

through the Presbyterian constitution of Calvin.

It was long before the democratic element in Presbyterianism began to

tell. The Netherlands resisted Philip II. for fifteen years before they

took courage to depose him, and the scheme of the ultra-Calvinist

Deventer, to subvert the ascendency of the leading States by the

sovereign action of the whole people, was foiled by Leicester's

incapacity, and by the consummate policy of Barnevelt. The Huguenots,

having lost their leaders in 1572, reconstituted themselves on a

democratic footing, and learned to think that a king who murders his

subjects forfeits his divine right to be obeyed. But Junius Brutus and

Buchanan damaged their credit by advocating regicide; and Hotoman, whose

_Franco-Gallia_ is the most serious work of the group, deserted his

liberal opinions when the chief of his own party became king. The most

violent explosion of democracy in that age proceeded from the opposite

quarter. When Henry of Navarre became the next heir to the throne of

France, the theory of the deposing power, which had proved ineffectual

for more than a century, awoke with a new and more vigorous life.

One-half of the nation accepted the view, that they were not bound to

submit to a king they would not have chosen. A Committee of Sixteen made

itself master of Paris, and, with the aid of Spain, succeeded for years

in excluding Henry from his capital. The impulse thus given endured in

literature for a whole generation, and produced a library of treatises

on the right of Catholics to choose, to control, and to cashier their

magistrates. They were on the losing side. Most of them were

bloodthirsty, and were soon forgotten. But the greater part of the

political ideas of Milton, Locke, and Rousseau, may be found in the

ponderous Latin of Jesuits who were subjects of the Spanish Crown, of

Lessius, Molina, Mariana, and Suarez.

The ideas were there, and were taken up when it suited them by extreme

adherents of Rome and of Geneva; but they produced no lasting fruit

until, a century after the Reformation, they became incorporated in new

religious systems. Five years of civil war could not exhaust the

royalism of the Presbyterians, and it required the expulsion of the

majority to make the Long Parliament abandon monarchy. It had defended

the constitution against the crown with legal arts, defending precedent

against innovation, and setting up an ideal in the past which, with all

the learning of Selden and of Prynne, was less certain than the Puritan

statesmen supposed. The Independents brought in a new principle.

Tradition had no authority for them, and the past no virtue. Liberty of

conscience, a thing not to be found in the constitution, was more prized

by many of them than all the statutes of the Plantagenets. Their idea

that each congregation should govern itself abolished the force which is

needed to preserve unity, and deprived monarchy of the weapon which made

it injurious to freedom. An immense revolutionary energy resided in

their doctrine, and it took root in America, and deeply coloured

political thought in later times. But in England the sectarian democracy

was strong only to destroy. Cromwell refused to be bound by it; and John

Lilburne, the boldest thinker among English democrats, declared that it

would be better for liberty to bring back Charles Stuart than to live

under the sword of the Protector.

Lilburne was among the first to understand the real conditions of

democracy, and the obstacle to its success in England. Equality of power

could not be preserved, except by violence, together with an extreme

inequality of possessions. There would always be danger, if power was

not made to wait on property, that property would go to those who had

the power. This idea of the necessary balance of property, developed by

Harrington, and adopted by Milton in his later pamphlets, appeared to

Toland, and even to John Adams, as important as the invention of

printing, or the discovery of the circulation of the blood. At least it

indicates the true explanation of the strange completeness with which

the Republican party had vanished, a dozen years after the solemn trial

and execution of the King. No extremity of misgovernment was able to

revive it. When the treason of Charles II. against the constitution was

divulged, and the Whigs plotted to expel the incorrigible dynasty, their

aspirations went no farther than a Venetian oligarchy, with Monmouth for

Doge. The Revolution of 1688 confined power to the aristocracy of

freeholders. The conservatism of the age was unconquerable.

Republicanism was distorted even in Switzerland, and became in the

eighteenth century as oppressive and as intolerant as its neighbours.

In 1769, when Paoli fled from Corsica, it seemed that, in Europe at

least, democracy was dead. It had, indeed, lately been defended in books

by a man of bad reputation, whom the leaders of public opinion treated

with contumely, and whose declamations excited so little alarm that

George III. offered him a pension. What gave to Rousseau a power far

exceeding that which any political writer had ever attained was the

progress of events in America. The Stuarts had been willing that the

colonies should serve as a refuge from their system of Church and State,

and of all their colonies the one most favoured was the territory

granted to William Penn. By the principles of the Society to which he

belonged, it was necessary that the new State should be founded on

liberty and equality. But Penn was further noted among Quakers as a

follower of the new doctrine of Toleration. Thus it came to pass that

Pennsylvania enjoyed the most democratic constitution in the world, and

held up to the admiration of the eighteenth century an almost solitary

example of freedom. It was principally through Franklin and the Quaker

State that America influenced political opinion in Europe, and that the

fanaticism of one revolutionary epoch was converted into the rationalism

of another. American independence was the beginning of a new era, not

merely as a revival of Revolution, but because no other Revolution ever

proceeded from so slight a cause, or was ever conducted with so much

moderation. The European monarchies supported it. The greatest statesmen

in England averred that it was just. It established a pure democracy;

but it was democracy in its highest perfection, armed and vigilant, less

against aristocracy and monarchy than against its own weakness and

excess. Whilst England was admired for the safeguards with which, in the

course of many centuries, it had fortified liberty against the power of

the crown, America appeared still more worthy of admiration for the

safeguards which, in the deliberations of a single memorable year, it

had set up against the power of its own sovereign people. It resembled

no other known democracy, for it respected freedom, authority, and law.

It resembled no other constitution, for it was contained in half a dozen

intelligible articles. Ancient Europe opened its mind to two new

ideas--that Revolution with very little provocation may be just; and

that democracy in very large dimensions may be safe.

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