The History of Freedom, and Other EssaysActon, John Emerich Edward Dalberg Acton, Baron
Philosophy
The History of Freedom, and Other Essays
Acton, John Emerich Edward Dalberg Acton, Baron
History; History -- Philosophy; Liberty -- History
There are, however, two things to be considered in explanation of the
error into which our author and so many others have fallen. Law follows
life, but not with an equal pace. There is a time when it ceases to
correspond to the existing order of things, and meets an invincible
obstacle in a new society. The exercise of the mediaeval authority of the
Popes was founded on the religious unity of the State, and had no basis
in a divided community. It was not easy in the period of transition to
tell when the change took place, and at what moment the old power lost
its efficacy; no one could foresee its failure, and it still remained
the legal and recognised means of preventing the change. Accordingly, it
was twice tried during the wars of religion, in France with success, in
England with disastrous effects. It is a universal rule that a right is
not given up until the necessity of its surrender is proved. But the
real difficulty arises, not from the mode in which the power was
exercised, but from the way in which it was defended. The mediaeval
writers were accustomed to generalise; they disregarded particular
circumstances, and they were generally ignorant of the habits and ideas
of their age. Living in the cloister, and writing for the school, they
were unacquainted with the polity and institutions around them, and
sought their authorities and examples in antiquity, in the speculations
of Aristotle, and the maxims of the civil law. They gave to their
political doctrines as abstract a form, and attributed to them as
universal an application, as the modern absolutists or the more recent
liberals. So regardless were they of the difference between ancient
times and their own, that the Jewish chronicles, the Grecian
legislators, and the Roman code supplied them indifferently with rules
and instances; they could not imagine that a new state of things would
one day arise in which their theories would be completely obsolete.
Their definitions of right and law are absolute in the extreme, and seem
often to admit of no qualification. Hence their character is essentially
revolutionary, and they contradict both the authority of law and the
security of freedom. It is on this contradiction that the common notion
of the danger of ecclesiastical pretensions is founded. But the men who
take alarm at the tone of the mediaeval claims judge them with a theory
just as absolute and as excessive. No man can fairly denounce imaginary
pretensions in the Church of the nineteenth century, who does not
understand that rights which are now impossible may have been
reasonable and legitimate in the days when they were actually exercised.
The zeal with which Mr. Goldwin Smith condemns the Irish establishment
and the policy of the ascendency is all the more meritorious because he
has no conception of the amount of iniquity involved in them.
Public-domain text, read in full here on John Shaqi.
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