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Modern Englishmen may at first feel some surprise that the "rule of law" (in the sense in which we are now using the term) should be considered as in any way a peculiarity of English institutions, since, at the present day, it may seem to be not so much the property of any one nation as a trait common to every civilised and orderly state. Yet, even if we confine our observation to the existing condition of Europe, we shall soon be convinced that the "rule of law" even in this narrow sense is peculiar to England, or to those countries which, like the United States of America, have inherited English traditions. In almost every continental community the executive exercises far wider discretionary authority in the matter of arrest, of temporary imprisonment, of expulsion from its territory, and the like, than is either legally claimed or in fact exerted by the government in England; and a study of European politics now and again reminds English readers that wherever there is discretion there is room for arbitrariness, and that in a republic no less than under a monarchy discretionary authority on the part of the government must mean insecurity for legal freedom on the part of its subjects.
Here one comes upon an all-important English trait: the respect for constituitionalism and legality, the belief in 'the law' as something above the state and above the individual, something which is cruel and stupid, of course, but at any rate incorruptible.
It is not that anyone imagines the law to be just. Everyone knows that there is one law for the rich and another for the poor. But no one accepts the implications of this, everyone takes for granted that the law, such as it is, will be respected, and feels a sense of outrage when it is not. Remarks like 'They can't run me in; I haven't done anything wrong', or 'They can't do that; it's against the law', are part of the atmosphere of England. The professed enemies of society have this feeling as strongly as anyone else. One sees it in prison-books like Wilfred Macartney's Walls Have Mouths or Jim Phelan's Jail Journey, in the solemn idiocies that take places at the trials of conscientious objectors, in letters to the papers from eminent Marxist professors, pointing out that this or that is a 'miscarriage of British justice'. Everyone believes in his heart that the law can be, ought to be, and, on the whole, will be impartially administered. The totalitarian idea that there is no such thing as law, there is only power, has never taken root. Even the intelligentsia have only accepted it in theory.
An illusion can become a half-truth, a mask can alter the expression of a face. The familiar arguments to the effect that democracy is 'just the same as' or 'just as bad as' totalitarianism never take account of this fact. All such arguments boil down to saying that half a loaf is the same as no bread. In England such concepts as justice, liberty and objective truth are still believed in. They may be illusions, but they are powerful illusions. The belief in them influences conduct,national life is different because of them. In proof of which, look about you. Where are the rubber truncheons, where is the caster oil?
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The political institutions of England were peculiar. In a manner quite unknown elsewhere, its monarchy combined high prerogative claims and exceptionally effective government with the absence of coercive power and an instinctive regard for the supremacy of the law. Its Parliament uniquely combined co-operation in government with the satisfaction of the subject's needs: no other representative institution in Europe was so firmly integrated into the monarchical system of government, so thoroughly organised for routine business, so flexibly able to accommodate all interests. In England taxes fell most heavily on the wealthier part of the nation, an oddity which provides perhaps the most striking contrast of all to European custom – which in this respect was to grant exemption to the powerful. English law, notoriously, was very different indeed... And these, and other, distinctions appear not only to the eye of the historian; they were very visible also to observers of the day. By the side of the often bemused and rarely commendatory reports of visitors from abroad there grew among Englishmen a strident selfconsciousness of separateness, from Richard Morison's "English hands and English hearts" peculiarly able to win against all odds, through John Aylmer's God who is English, to John Foxe's elect nation.
England is the only important European community that is still governed by traditionary influences, and amid the shameless wreck of nations she alone has maintained her honour, her liberty, her order, her authority, and her wealth... But it is said that it is contrary to the spirit of the age that a great nation like England, a community of enlightened millions long accustomed to public liberty, should be governed by an aristocracy. It is not true that England is governed by an aristocracy in the common acceptation of the term. England is governed by an aristocratic principle. The aristocracy of England absorbs all aristocracies, and receives every man in every order and every class who defers to the principle of our society, which is to aspire and to excel.
England undoubtedly is, in my opinion, the most happily governed country in the world. She is governed by a King whose power is limited by wise and prudent laws, and by Parliament, this being composed of lords spiritual and temporal in one house and of the people's deputies in the other. The King cannot levy any new taxes, neither can he abolish privileges or make new laws without the consent of Parliament. He cannot order the imprisonment or execution of any individual, neither can he confiscate lands or property—all this according to the laws of the kingdom. The King may, on the other hand, and without consulting Parliament, declare war and make peace, send ambassadors to foreign courts, and call together meetings of Parliament.
The English nation, for their improvements in the theory of government, has, at least, more merit with the human race than any other among the moderns. The late most beautiful and liberal speculations of many writers, in various parts of Europe, are manifestly derived from English sources. Americans, too, ought for ever to acknowledge their obligations to English writers, or rather have as good a right to indulge a pride in the recollection of them as the inhabitants of the three kingdoms. The original plantation of our country was occasioned, her continual growth has been promoted, and her present liberties have been established by these generous theories.
The polity of England, which has established the most flourishing society of modern ages, and regulated the destinies of a nation which, for many centuries, has made a progressive advance in the acquisition of freedom, wealth, and glory, undoubtedly presents one of the most interesting subjects of speculation in political philosophy. Nor is it one that has been neglected; and illustrious foreigners have emulated our native authors in their treatises of the English Constitution.
The greater number of educated Englishmen have much solid good sense, and in many cases rare genius, and I am certain that the liberty they enjoy, allowing them to say and write their ideas and opinions freely, contributes immensely to make science popular; but you rarely meet with that bright, petulant, and lively wit you meet with in France. Few Englishmen would amuse themselves inventing and writing love stories after the manner and style of the French, but they write scientific and sound works like those of Newton, Tillotson, Radcliffe, Addison, and others. The writings most in fashion at the present period are pamphlets for and against the government, on politics and different subjects of interest relating to England and her allies. Almost every day some of these works appear and are eagerly sought after, for politics in this country seem to interest everyone. I suppose this taste is cultivated by the liberty which the government affords, and in which Englishmen take great pride, for they value this gift more than all the joys of life, and would sacrifice everything to retain it. Even the populace will make proof of this, and will give you to understand that there is no country in the world where such perfect freedom may be enjoyed as in England.
The rights of a freeborn Englishman, which used to be secured to him by his native institutions, are no longer good enough. On pain of displeasing an outside world that lived under horrid tyrannies long after England was self-governing, we petition foreign judges sitting on the continent to declare and enforce our rights by interpreting at their discretion a document which no English lawyer...would imagine in a nightmare. We tolerate these judges telling the House of Commons what the House of Commons shall or shall not do. Bitterest of all, and freshest in our minds today, the English, who once were wont, if allies failed, to defend themselves alone against ‘the three corners of the world in arms’, accept with apparent docility the occupation of their soil in time of peace by self-appointed protectors, as though the Roman legions were still stationed at York and Caerleon, and we pay them the humiliating tribute of conforming ourselves to their policies, their strategies, and their philosophy. England has forgotten itself.
"English political sagacity is compounded of instinctive reactions to immediate situations and a wisdom, gained by cumulative experience, which guides instinct through the complexities, intricacies and imponderabilities of modern politics. The most typical social philosopher of England is not John Locke but Edmund Burke. Constitutional government may have found its first justification in the rationally elaborated theories of "rights" in the philosophy of the former. But the actual history of constitutionalism in England has been dominated by the logic expressed in the philosophy of the latter. The Englishman trusts not in the abstract "natural rights" dictated by reason, but the "English rights" which are guaranteed to him by his own history."
England has not always been a land of liberty. Everyone has heard of the cruel and barbarous persecutions Protestants had to endure under the reigns of Henry VIII and of his daughter Mary. At the present time people have become more humane, and everyone may enjoy peace and tranquillity, maintained by just and wise laws.
To me, England is the country, and the country is England. And when I ask myself what I mean by England when I am abroad, England comes to me through my various senses — through the ear, through the eye and through certain imperishable scents … The sounds of England, the tinkle of the hammer on the anvil in the country smithy, the corncrake on a dewy morning, the sound of the scythe against the whetstone, and the sight of a plough team coming over the brow of a hill, the sight that has been seen in England since England was a land … the one eternal sight of England.
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France has always more or less influenced manners in England; and when your fountain is choked up and polluted, the stream will not run long, or not run clear, with us, or perhaps with any nation. This gives all Europe, in my opinion, but too close and connected a concern in what is done in France. Excuse me, therefore, if I have dwelt too long on the atrocious spectacle of the 6th of October, 1789, or have given too much scope to the reflections which have arisen in my mind on occasion of the most important of all revolutions, which may be dated from that day, I mean a revolution in sentiments, manners, and moral opinions.
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