"Indefinite as such a notion as "moral consensus" may be, this question of the limits beyond which the Englishman was not prepared to be "pushed around", and the limits beyond which authority did not dare to go, is crucial to an understanding of this period. The stance of the common Englishman was not so much democratic, in any positive sense, as anti-absolutist. He felt himself to be an individualist, with few affirmative rights, but protected by the laws against the intrusion of arbitrary power. More obscurely, he felt that the Glorious Revolution afforded a constitutional precedent for the right to riot in resistance to oppression. And this indeed was the central paradox of the 18 h century, in both intellectual and practical terms: constitutionalism was the "illusion of the epoch". Political theory, of traditionalists and reformers alike, was transfixed within the Whiggish limits established by the 1688 settlement, by Locke or by Blackstone. For Locke, the chief ends of government were the maintenance of civil peace, and the security of the person and of property. Such a theory, diluted by self-interest and prejudice, might provide the propertied classes with a sanction for the most bloody code penalising offenders against property; but it provided no sanction for arbitrary authority, intruding upon personal or property rights, and uncontrolled by the rule of law. Hence the paradox, which surprised many foreign observers, of a bloody penal code alongside a liberal and, at times, meticulous administration and interpretation of the laws. The 18th century was indeed a great century for constitutional theorists, judges and lawyers. The poor man might often feel little protection when caught up in the law's toils. But the jury system did afford a measure of protection, as Hardy, Home Tooke, Thelwall and Binns discovered. Wilkes was able to defy King, Parliament and administration—and to establish important new precedents—by using alternately the law courts and the mob. There was no droit administratif, no right of arbitrary arrest or search. Even in the 1790s, each attempt to introduce a "continental" spy system, each suspension of Habeas Corpus, each attempt to pack juries, aroused an outcry beyond the reformers' own ranks. If any—faced by the records of Tyburn and of repression—are inclined to question the value of these limits, they should contrast the trial of Hardy and his colleagues with the treatment of Muir, Gerrald, Skirving and Palmer in 1793-4 in the Scottish courts."
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E. P. Thompson, The Making of the English Working Class (1963), pp. 79-80
https://en.wikiquote.org/wiki/Whigs_(British_political_party)
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Whigs (British political party)
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