nown and unenforced--we may
truly say with a German writer, whose name I should like to mention
_honoris causa_, Professor Troeltsch, that 'there was no feeling for the
State; no common and uniform dependence on a central power; no
omnicompetent sovereignty; no equal pressure of a public civil law; no
abstract basis of association in formal and legal rules--or at any rate,
so far as anything of the sort was present, it was a matter only for the
Church, and in no wise for the State'.[21] So far as social life was
consciously articulated in a scheme, the achievement was that of the
clergy, and the scheme was that of the Church. The interdependencies and
associations of lay life--kingdoms and fiefs and manors--were only
personal groupings, based on personal sentiments of loyalty and
unconscious elements of custom. A mixture of uniformity and isolation,
as we have seen, was the characteristic of these groupings: they were at
once very like one another, throughout the extent of Western Europe, and
(except for their connexion in a common membership of the Church
Universal) very much separated from one another. But with one at any
rate of these groupings--the kingdom, which in its day was to become the
modern State--the future lay; and we shall perhaps end our inquiry most
fitly by a brief review of the lines of its future development.
IV
The development of the kingdom into the State was largely the work of
the lawyers. The law is a tenacious profession, and in England at any
rate its members have exercised a large influence on politics from the
twelfth to the twentieth century--from the days of Glanville, the
justiciar of Henry II, to the days of Mr. Asquith, the prime minister of
George V. It is perhaps in England that we may first see the germs of
the modern State emerging to light under the fostering care of the royal
judges. Henry II is something of a sovereign: his judges formulate a
series of commands, largely in the shape of writs, which became the
common law of the land; and in the Constitutions of Clarendon we may
already see the distinction between Church and State beginning to be
attempted. With a sovereign, a law, and a secular policy all present, we
may begin to suspect the presence of a State. In France also a similar
development, if somewhat later than the English, occurs at a
comparatively early date. By the end of the thirteenth century the
legists of Philippe le Bel have created something of _etatisme_
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