§ 2. The earliest traditions represent rulers as gods or demigods. By their subjects, primitive kings were regarded as superhuman in origin, and superhuman in power. They possessed divine titles; received obeisances like those made before the altars of deities; and were in some cases actually worshipped. If there needs proof that the divine and half-divine characters originally ascribed to monarchs were ascribed literally, we have it in the fact that there are still existing savage races, among whom it is held that the chiefs and their kindred are of celestial origin, or, as elsewhere, that only the chiefs have souls. And of course along with beliefs of this kind, there existed a belief in the unlimited power of the ruler over his subjects—an absolute possession of them, extending even to the taking of their lives at will: as even still in Fiji, where a victim stands unbound to be killed at the word of his chief; himself declaring, “whatever the king says must be done.”
In times and among races somewhat less barbarous, we find these beliefs a little modified. The monarch, instead of being literally thought god or demigod, is conceived to be a man having divine authority, with perhaps more or less of divine nature. He retains however, as in the East to the present day, titles expressing his heavenly descent or relationships; and is still saluted in forms and words as humble as those addressed to the Deity. While the lives and properties of his people, if not practically so completely at his mercy, are still in theory supposed to be his.
Later in the progress of civilization, as during the middle ages in Europe, the current opinions respecting the relationship of rulers and ruled are further changed. For the theory of divine origin, there is substituted that of divine right. No longer god or demigod, or even god-descended, the king is now regarded as simply God’s vice-gerent. The obeisances made to him are not so extreme in their humility; and his sacred titles lose much of their meaning. Moreover his authority ceases to be unlimited. Subjects deny his right to dispose at will of their lives and properties; and yield allegiance only in the shape of obedience to his commands.
With advancing political opinion has come still greater restriction of imperial power. Belief in the supernatural character of the ruler, long ago repudiated by ourselves for example, has left behind it nothing more than the popular tendency to ascribe unusual goodness, wisdom, and beauty to the monarch. Loyalty, which originally meant implicit submission to the king’s will, now means a merely nominal profession of subordination, and the fulfilment of certain forms of respect. Our political practice, and our political theory, alike utterly reject those regal prerogatives which once passed unquestioned. By deposing some, and putting others in their places, we have not only denied the divine rights of certain men to rule; but we have denied that they have any rights beyond those originating in the assent of the nation. Though our forms of speech and our state-documents still assert the subjection of the citizens to the ruler, our actual beliefs and our daily proceedings implicitly assert the contrary. We obey no laws save those of our own making. We have entirely divested the monarch of legislative power; and should immediately rebel against his or her exercise of such power, even in matters of the smallest concern. In brief, the aboriginal doctrine is all but extinct among us.
Nor has the rejection of primitive political beliefs, resulted only in transferring the authority of an autocrat to a representative body. The views entertained respecting governments in general, of whatever form, are now widely different from those once entertained. Whether popular or despotic, governments were in ancient times supposed to have unlimited authority over their subjects. Individuals existed for the benefit of the State; not the State for the benefit of individuals. In our days, however, not only has the national will been in many cases substituted for the will of the king; but the exercise of this national will has been restricted to a much smaller sphere. In England, for instance, though there has been established no definite theory setting bounds to governmental authority; yet, in practice, sundry bounds have been set to it which are tacitly recognized by all. There is no organic law formally declaring that the legislature may not freely dispose of the citizens’ lives, as early kings did when they sacrificed hecatombs of victims; but were it possible for our legislature to attempt such a thing, its own destruction would be the consequence, rather than the destruction of citizens. How entirely we have established the personal liberties of the subject against the invasions of State-power, would be quickly demonstrated, were it proposed by Act of Parliament forcibly to take possession of the nation, or of any class, and turn its services to public ends; as the services of the people were turned by primitive rulers. And should any statesman suggest a re-distribution of property such as was sometimes made in ancient democratic communities, he would be met by a thousand-tongued denial of imperial power over individual possessions. Not only in our day have these fundamental claims of the citizen been thus made good against the State, but sundry minor claims likewise. Ages ago, laws regulating dress and mode of living fell into disuse; and any attempt to revive them would prove the current opinion to be, that such matters lie beyond the sphere of legal control. For some centuries we have been asserting in practice, and have now established in theory, the right of every man to choose his own religious beliefs, instead of receiving such beliefs on State-authority. Within the last few generations we have inaugurated complete liberty of speech, in spite of all legislative attempts to suppress or limit it. And still more recently we have claimed and finally obtained under a few exceptional restrictions, freedom to trade with whomsoever we please. Thus our political beliefs are widely different from ancient ones, not only as to the proper depositary of power to be exercised over a nation, but also as to the extent of that power.
Not even here has the change ended. Besides the average opinions which we have just described as current among ourselves, there exists a less widely-diffused opinion going still further in the same direction. There are to be found men who contend that the sphere of government should be narrowed even more than it is in England. The modern doctrine that the State exists for the benefit of citizens, which has now in a great measure supplanted the ancient doctrine that the citizens exist for the benefit of the State, they would push to its logical results. They hold that the freedom of the individual, limited only by the like freedom of other individuals, is sacred; and that the legislature cannot equitably put further restrictions upon it, either by forbidding any actions which the law of equal freedom permits, or taking away any property save that required to pay the cost of enforcing this law itself. They assert that the sole function of the State is the protection of persons against each other, and against a foreign foe. They urge that as, throughout civilization, the manifest tendency has been continually to extend the liberties of the subject, and restrict the functions of the State, there is reason to believe that the ultimate political condition must be one in which personal freedom is the greatest possible and governmental power the least possible: that, namely, in which the freedom of each has no limit but the like freedom of all; while the sole governmental duty is the maintenance of this limit.
Here then in different times and places we find concerning the origin, authority, and functions of government, a great variety of opinions—opinions of which the leading genera above indicated subdivide into countless species. What now must be said about the truth or falsity of these opinions? Save among a few barbarous tribes the notion that a monarch is a god or demigod is regarded throughout the world as an absurdity almost passing the bounds of human credulity. In but few places does there survive a vague notion that the ruler possesses any supernatural attributes. Most civilized communities, which still admit the divine right of governments, have long since repudiated the divine right of kings. Elsewhere the belief that there is anything sacred in legislative regulations is dying out: laws are coming to be considered as conventional only. While the extreme school holds that governments have neither intrinsic authority, nor can have authority given to them by convention; but can possess authority only as the administrators of those moral principles deducible from the conditions essential to social life. Of these various beliefs, with their innumerable modifications, must we then say that some one alone is wholly right and all