Political Thought in England from Locke to Bentham by Harold J. Laski
page 69 of 195 (35%)
page 69 of 195 (35%)
![]() | ![]() |
|
|
which the number of individuals composed before the society was
formed.... But a body must have its proper personality and will, which without these is no more than a shadow or a name." [Footnote 12: Dicey, _Law and Opinion in England_ (2nd edition), p. 165.] And that is the root of Warburton's pronouncement. The Church is a society distinct from the State, but lending to that body its assistance because without the sanction of religion the full achievement of the social purpose is impossible. There is thus an alliance between them, each lending its support to the other for their common benefit. The two remain distinct; the union between them is of a federal kind. But they interchange their powers, and this it is which explains at once the royal supremacy and the right of Churchmen to a share in the legislature. This also it is which explains the existence of a Test Act, whereby those who might injure that which the State has undertaken to protect are deprived of their power to evil. And, in return, the Church engages to "apply its utmost endeavors in the service of the State." It becomes attached to its benefactor from the privilege it receives; and the dangers which might arise from its natural independence are thus obviated. For a federal union precludes the grave problem of an _imperium in imperio_, and the "mischiefs which so terrified Hobbes" are met by the terms upon which it is founded. It is easy enough to discover the loopholes in the theory. The contract does not exist, or, at least, it is placed by Warburton "in the same archive with the famous original compact between monarch and people" which has been the object of vast but fruitless searches. Nor does the Act of Submission bear upon its face the marks of that tender care of |
|


