Loss and Gain: The Story of a Convert

by John Henry Newman

"You would justify, then," said Charles, "the associations or confraternities which existed, for instance, in Athens; not, that is, if they 'took the law into their own hands,' as the phrase goes, but if there was no law to take, or if there was no constituted authority to take it of right. It was a recurrence to the precedent of Deioces."

"Manzoni gives a striking instance of this in the beginning of his Promessi Sposi," said Sheffield, "when he describes that protection, which law ought to give to the weak, as being in the sixteenth century sought and found almost exclusively in factions or companies. I don't recollect particulars, but he describes the clergy as busy in extending their immunities, the nobility their privileges, the army their exemptions, the trades and artisans their guilds. Even the lawyers formed a union, and medical men a corporation."

"Thus constitutions are gradually moulded and perfected," said Carlton, "by extra-constitutional bodies, either coming under the protection of law, or else being superseded by the law's providing for their objects. In the middle ages the Church was a vast extra-constitutional body. The German and Anglo-Norman sovereigns sought to bring its operation under the law; modern parliaments have superseded its operation by law. Then the State wished to gain the right of investitures; now the State marries, registers, manages the poor, exercises ecclesiastical jurisdiction instead of the Church."

"This will make ostracism parallel to the Reformation or the Revolution," said Sheffield; "there is a battle of influence against influence, and one gets rid of the other; law or constitution does not come into question, but the will of the people or of the court ejects, whether the too-gifted individual, or the monarch, or the religion. What was not under the law could not be dealt with, had no claim to be dealt with, by the law."

"A thought has sometimes struck me," said Reding, "which falls in with what you have been saying. In the last half-century there has been a gradual formation of the popular party in the State, which now tends to be acknowledged as constitutional, or is already so acknowledged. My father never could endure newspapers—I mean the system of newspapers; he said it was a new power in the State. I am sure I am not defending what he was thinking of, the many bad proceedings, the wretched principles, the arrogance and tyranny of newspaper writers, but I am trying the subject by the test of your theory. The great body of the people are very imperfectly represented in parliament; the Commons are not their voice, but the voice of certain great interests. Consequently the press comes in—to do that which the constitution does not do—to form the people into a vast mutual-protection association. And this is done by the same right that Deioces had to collect people about him; it does not interfere with the existing territory of the law, but builds where the constitution has not made provision. It tends, then, ultimately to be recognised by the constitution."

"There is another remarkable phenomenon of a similar kind now in process of development," said Carlton, "and that is, the influence of agitation. I really am not politician enough to talk of it as good or bad; one's natural instinct is against it; but it may be necessary. However, agitation is getting to be recognised as the legitimate instrument by which the masses make their desires known, and secure the accomplishment of them. Just as a bill passes in parliament, after certain readings, discussions, speeches, votings, and the like, so the process by which an act of the popular will becomes law is a long agitation, issuing in petitions, previous to and concurrent with the parliamentary process. The first instance of this was about fifty or sixty years ago, when ... Hallo!" he cried, "who is this cantering up to us?"

"I declare it is old Vincent," said Sheffield.

"He is to come to dine," said Charles, "just in time."

"How are you, Carlton?" cried Vincent. "How d'ye do, Mr. Sheffield? Mr. Reding, how d'ye do? acting up to your name, I suppose, for you were ever a reading man. For myself," he continued, "I am just now an eating man, and am come to dine with you, if you will let me. Have you a place for my horse?"

There was a farmer near who could lend a stable; so the horse was led off by Charles; and the rider, without any delay—for the hour did not admit it—entered the cottage to make his brief preparation for dinner.