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
The ablest writer of the Ghibelline party was Marsilius of Padua.
"Laws," he said, "derive their authority from the nation, and are
invalid without its assent. As the whole is greater than any part, it is
wrong that any part should legislate for the whole; and as men are
equal, it is wrong that one should be bound by laws made by another. But
in obeying laws to which all men have agreed, all men, in reality,
govern themselves. The monarch, who is instituted by the legislature to
execute its will, ought to be armed with a force sufficient to coerce
individuals, but not sufficient to control the majority of the people.
He is responsible to the nation, and subject to the law; and the nation
that appoints him, and assigns him his duties, has to see that he obeys
the Constitution, and has to dismiss him if he breaks it. The rights of
citizens are independent of the faith they profess; and no man may be
punished for his religion." This writer, who saw in some respects
farther than Locke or Montesquieu, who, in regard to the sovereignty of
the nation, representative government, the superiority of the
legislature over the executive, and the liberty of conscience, had so
firm a grasp of the principles that were to sway the modern world, lived
in the reign of Edward II., five hundred and fifty years ago.
It is significant that these two writers should agree on so many of the
fundamental points which have been, ever since, the topic of
controversy; for they belonged to hostile schools, and one of them would
have thought the other worthy of death. St. Thomas would have made the
papacy control all Christian governments. Marsilius would have had the
clergy submit to the law of the land; and would have put them under
restrictions both as to property and numbers. As the great debate went
on, many things gradually made themselves clear, and grew into settled
convictions. For these were not only the thoughts of prophetic minds
that surpassed the level of contemporaries; there was some prospect that
they would master the practical world. The ancient reign of the barons
was seriously threatened. The opening of the East by the Crusades had
imparted a great stimulus to industry. A stream set in from the country
to the towns, and there was no room for the government of towns in the
feudal machinery. When men found a way of earning a livelihood without
depending for it on the good will of the class that owned the land, the
landowner lost much of his importance, and it began to pass to the
possessors of moveable wealth. The townspeople not only made themselves
free from the control of prelates and barons, but endeavoured to obtain
for their own class and interest the command of the State.
Public-domain text, read in full here on John Shaqi.
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