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258
ESSAYS ON LIBERTY

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 mediæval 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 mediæval 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