Lawyers From England

"We see the world as it is now, after these defeats of the League, and we can compare it with what it was six or seven years ago. The comparison is certainly depressing; the contrast is terrible. And we have not yet reached a time when we can estimate the full material losses and human suffering which have been the direct result of the ambitions of one set of powers and the weakness of the others. Nor is there any purpose in attempting to do so. Let us, rather, examine where we now stand and what steps we ought to take in order to strengthen the international system and thrust back again the forces of reaction. In the first place, let us admit that the first ten years of the League were in a sense unnatural. The horror of war to which I have already alluded was necessarily far more vivid than it can be expected long to remain. That tremendous argument for peace, the horror of war, was a diminishing asset. Most of us, at that time, were, I think, quite well aware that unless we could get the international system into solidly effective working order in the first ten years, we were likely to have great difficulties in the succeeding period, and so it has proved."

"Unfortunately, the Manchurian crisis arose at a time when those nations who might have been expected to have perceived most clearly the necessity of preventing aggression were themselves in a condition of great internal difficulties owing to the financial crisis of those days. … And perhaps it was inevitable in such circumstances that our people should take little interest in any foreign questions. It was partly for these reasons, no doubt, that the conquest of Manchuria and the other northern provinces of China came to be consummated, and all the ambitious statesmen of the world were given an object lesson of how, in spite of the League and in spite of the Covenant, the old military policies could be successfully carried out. And may I venture to emphasize at this point a lesson which must never be forgotten: how much one problem in international affairs affects the whole conduct of those affairs. It was no doubt the failure of the League to check aggression in the Far East which first struck a blow at the whole system which we were trying to establish and which facilitated even greater attacks on international security."

"In my own country, and perhaps in some others, the workers for the League of Nations are sometimes reproached with attaching too much importance to collective security and the forcible prevention of war. That only shows how short people's memories are in political affairs. As a matter of fact, during the first ten years of the League very little was said about these subjects. We dwelt on the social and humanitarian sides of the League. We urged disarmament and treaty revision. Great reliance — particularly in England — was placed not upon forcible action but upon public opinion. We preached — and, I am glad to say, preached successfully — the enormous importance of publicity in the actions of the League, so that the world might know not only what was being done but why it was being done at Geneva. We attached perhaps even too great importance to the conception that no nation would be so rash or so wicked as to set itself against the public opinion of the world."

"When one comes to try and analyse why the League succeeded so well in its first ten years of existence, no doubt the chief reason must be found in the immense horror which the War of 1914 had created amongst the human race. Almost all those engaged in the work at Geneva had personal knowledge of the vast slaughter and destruction which the war had produced. Many had been face to face with what looked like a vivid danger of relapse into barbarism in their own countries, and there was a tremendous urge to discover some effective prevention of future wars. It was under the impulse of these feelings that we worked in those days and that we made our appeal, not in vain, for the support of the public opinion of the world."

"In 1932 when the Disarmament Conference, after many years of preparation, at last assembled, it really looked as if we were approaching something like stabilized conditions in the world. I am still convinced that with a little more courage and foresight, particularly among those who were directing the policy of the so-called Great Powers, we might have achieved a limitation of international armaments, with all the enormously beneficial consequences which that would have given us. … No doubt the work has not succeeded; but I like to believe that it has not been altogether lost. We have laid a foundation on which, ultimately, we may build something in the nature of reform. And I am perfectly satisfied that the attempt to limit and reduce armaments by international action must be resumed and the sooner the better, if the world is to be saved from a fresh and bloody disaster."

"During the earlier years of the League we were fortunate in having many statesmen of outstanding ability who were convinced supporters of international cooperation under the League Covenant. … It is enough to say that under the leadership of those great men the first ten years of the League of Nations was a period of almost unbroken prosperity. The League moved from strength to strength. It established its organization and its Secretariat — a very remarkable achievement which has worked extremely well. Then, too, came the Permanent Court of International Justice, which has also been a very marked success and which, I trust, will establish ultimately the rule of law in all international affairs."

"I was brought up from my earliest youth to believe in the enormous importance of peace. I have often heard my father, the late Lord Salisbury, say that, though he did not see how it was possible under the then existing circumstances to avoid wars altogether, yet he had never been able to satisfy himself that they were in principle morally defensible. Indeed, particularly in the latter part of his life, he made more than one speech in which he expressed the hope that, by some international combination, wars could in the future be prevented. He did not hesitate to express his belief that some such organization as we have since then attempted and erected in the League of Nations might furnish the solution of what he conceived to be the terrific evil of war."

"Patriotism or any other version of the herd instinct seems to me an entirely inadequate basis of virtue. Christianity is from that point of view an explanation of and a support for an essential ingredient in man's nature—far the best, though necessarily imperfect."

"The League is dead; long live the United Nations!"

"I thought you meant that religious belief involved the substitution of the ordinances for the moral law. That no doubt came to be true in a degree with certain of the pharisees, may be true in a degree with some Christians. But it is not true with the Xtianity in which I was brought up. To Xtians of that kind God's law and the moral law are and must be identical. Hence if it could be shewn that Pacifism was in accordance with the moral law I should have to hold that all war was prohibited by Xtianity. If on the other hand, it can be shewn as I think it can that there is no such prohibition by the Xtian law I cannot admit that the moral law forbids me to support my country in a just war."

"The truth is, I was never a very good Party man. Probably but for the War of 1914, I should have gone on fairly comfortably as a Conservative official. But those four years burnt into me the insufferable conditions of international relations which made war the acknowledged method — indeed, the only fully authorized method — of settling international disputes. Thenceforth, the effort to abolish war seemed to me, and still seems to me, the only political object worth while."

"But supposing there is a German guarantee, of what is its value? It is unnecessary to accuse Germany of perfidy. Not only the Nazi Government but all previous German Governments from the time of Frederick the Great downwards have made their position perfectly clear. To them an international assurance is no more than a statement of present intention. It has no absolute validity for the future."

"The Germans really conceive of their country as always under war conditions in this respect. No one expects a belligerent to tell the truth and, to the German mind, they are always belligerent. The Germans take the view that war is only intensified peace."

"Let me beg my readers to do their utmost for the success of the Peace Ballot. There is no single thing which they can do of greater value for Peace. … Every vote is wanted and may contribute to prevent war and save the lives of countless thousands of our fellow citizens."

"The great difficulty of all schemes for leagues of nations and the like has been to find an effective sanction against nations determined to break the peace. I will not now discuss at length the difficulties of joint armed action, but every one who has studied the question knows they are very great. It may be, however, that a league of nations, properly furnished with machinery to enforce the financial, commercial, and economic isolation of any nation determined to force its will upon the world by mere violence, would be a real safeguard for the peace of the world. In any case that is a subject that may well be studied by those sincerely anxious to put an end to the present system of International anarchy."

"[Y]e shall herwith receive the kinges hieghness letteres addressed vnto you to put you in remembraunce of his hieghness travaelles and your dieuty touchinge ordre to be taken for preachinge to thintente the people maie be taught the truthe, and yet not charged at the begynnynge with ouer manney Nouelties, the publication whereof onles the same be tempered and quallified with moche wisdome doo rather brede contention Deuision and contrarietey in opinion in the vnlerned multitude, then either edifie, or remove from them and oute of their hartes suche abuse as by the corrupt and ynsauery teaching of the bishoppe of Rome, and his disciples haue crept in the same."

"For if credence shuld be gyven to euery suche lewd person as wold affirme himself to haue reuelations from god what redyer wey were there to subuert al common we[l]thes and good orders in the worlde... As for the late lord of Cauntreburys seying vnto you that she had many greate visions, it ought to move you never a deale to gyve credence vnto her or her reuelations."

"My lord, you had showed yourself of much more patience—I will not say of much more prudency—if ye had contented yourself with their lawful appeal and my lawful injunctions and rather have sought fully to instruct me in the matter than thus to desire to conquer me by shrewd words, to vanquish me by sharp threaps [assertions] of Scripture which, as I know to be true, so I trust to God—as great clerk as ye be—ye allege them out of their place."

"Where by divers sundry old authentic histories and chronicles, it is manifestly declared and expressed that this realm of England is an Empire, and so hath been accepted in the world, governed by one Supreme Head and King having the dignity and royal estate of the imperial Crown of the same, unto whom a body politic compact of all sorts and degrees of people divided in terms and by names of Spirituality and Temporalty, be bounden and owe to bear next to God a natural and humble obedience."

"I am come hether to dye, and not to purge my self, as maie happen, some thynke that I will, for if I should so do, I wer a very wretche and miser: I am by the Lawe condempned to die, and thanke my lorde God that hath appoynted me this deathe, for myne offence: For sithence the tyme that I haue had yeres of discrecion, I haue liued a synner, and offended my Lorde God, for the whiche I aske hym hartely forgeuenes. And it is not vnknowne to many of you, that I haue been a great traueler in this worlde, and beyng but of a base degree, was called to high estate, and sithens the tyme I came therunto, I haue offended my prince, for the whiche I aske hym hartely forgeuenes, and beseche you all to praie to God with me, that he will forgeue me. O father forgeue me. O sonne forgeue me, O holy Ghost forgeue me: O thre persons in one God forgeue me. And now I praie you that be here, to beare me record, I die in the Catholicke faithe, not doubtyng in any article of my faith, no nor doubtyng in any Sacrament of the Churche. Many hath sclaundered me, and reported that I haue been a bearer, of suche as hath mainteigned euill opinions, whiche is vntrue, but I confesse that like as God by his holy spirite, doth instruct vs in the truthe, so the deuill is redy to seduce vs, and I haue been seduced: but beare me witnes that I dye in the Catholicke faithe of the holy Churche. And I hartely desire you to praie for the Kynges grace, that he maie long liue with you, in healthe and prosperitie. And after him that his sonne prince Edward, that goodly ympe, maie long reigne ouer you. And once again I desire you to pray for me, that so long as life remaigneth in this fleshe, I wauer nothyng in my faithe."

"I am A Subiect and boorn to obbey lawse, and, knowing that the tryall of all lawse only consystethe in honest and probable wytnes."

"I haue medelyd in So many matyers vnder your Highnes that I am not able to answer them all...but harde it ys for me or any other medlyng as I haue done to lyue vnder your grace and your lawse but we must daylye offende and wher I haue offendyd, I most humblye aske mercye and pardon at your gracyous will and plesure."

"The king's majesty desires nothing more than concord...; he knows there are those who would stir up strife, and that in many places in his field tares have sprongen to harm the wheat. The forwardness and carnal lust of some, the inveterate corruption and superstitious tenacity of opinion of others, excite disputation and quarrels most horrible to good Christian men; one side calls the other papists, and the other again calls them heretics, both naughty and not to be borne; and that the less so because they miserably abuse the Holy Word of God and the Scriptures which the same most noble prince of his gentleness and for the salvation and consolation of his people has permitted them to read in the vulgar tongue. They twist God's sacred gift, now into heresy and now into superstition. [The king] favours nor one side nor the other but, as becometh a Christian prince, profess the true Christian faith [therefore the king desires the] true doctrine and rule of the Gospel shall be published clear and established [and] the pious observation of ceremonies shall be distinguished from the impious, their use taught and their abuse abolished."

"The yvel (as you write therein truely) will labour to peruert the good, And even soo those that be well disposed wyll both lament the foly of the yvel and doo what they canne to make them better. He that eyther feareth not god ne esteameth the kinges Maiesties Iniunctyons preceptes, ordenaunces, and commandementes, is no mete herbe to growe in his Maiesties most catholique and Vertuous garden."

"I thinke that like as the Kinges Maieste cannot better or more hieghly advaunce thonour of god ne more prudently prouide for his owne suretie and the tranquilitie of his Realme domynyons and subgietes thenne in the discrete and charitable punishment of suche as doo by any meane Labour and purpose to sowe sedicion, diuision & contention, in opinion amonges his people contrary to the trouthe of goddes worde and his graces most christien ordenaunces... And therefore myne opinion is that you shal by all meanes diuise howe with charyte and myld handeling of thinges to quenche this slaunderous Bent as moche as you maye ever exhorting men discretely and without Rigour or extreame dealing to knowe and serue god truely and their prince and Souereign Lorde with all humilite and obedyence."

"I do not cease to gyue thankes, that it hathe pleased hys goodnes to vse me, as an instrument and to worke somwhat by me, so I truste, I am as ready to serue hym in my calling to my litel power, as ye ar preste, to wryght worse of me then ye owght to thinke. My prayer is, that God gyue me no longer lyfe, then I shall be gladde to vse myn office in edificatione, and not in destructione."

"Suerly my lord I suppose this had been no greate cause more to reiect the one than thother for ye know by histories of the bible that god may by his reuelation dispense with his own Law, as with the Israelites spoyling the egiptians and with Jacob to hue iiij wifes, and suche other."

"Tyndall (who assuredlie sheweth himself in myn opynyon rather to be replete with venymous envye rancour and malice then with any good lerning vertue knowlage or discression)."

"I amongist other haue Indured a parlyament which contenwid by the space of xvij hole wekes wher we communyd of warre pease Stryffe contencyon debatte murmure grudge Riches pouerte penurye trowth falshode Justyce equyte discayte opprescyon Magnanymyte actyuyte force attempraunce Treason murder Felonye, consyli... and also how a commune welth myght be ediffyed and a[lso] contenewid within our Realme. Howbeyt in conclusyon we haue d[one] as our predecessors haue been wont to doo that ys to say, as well as we myght and lefte wher we begann."

"And shall I name one who hath been in our age, and wish him now to live to cure so great a canker? Would God England had a Cromwell: I will say no more."

"[I have had many a talk with Cromwell] of god, of nature & of other polytyke & wordly thyngys [from which he has] geddryd more frute of truth then I have downe of any other man lyvyng syth I cam here to my cuntrey."

"Far from being the ruthless Machiavellian of legend, Cromwell was a man possessed of a high concept of the 'state' and national sovereignty, and a deep concern for Parliament and the law; an administrative genius; one who may have lacked profound religious sense (though instinctively favourable to some kind of Erasmian Protestantism), but something of an idealist nonetheless. That the 1530s were a decisive decade in English history was due largely to his energy and vision. He was immediately responsible for the vast legislative programme of the later sessions of the Reformation Parliament – a programme not rivalled in volume and moment until the nineteenth or even twentieth centuries. He oversaw the breach with Rome and the establishment of the Royal Supremacy. He effected a new political integration of the kingdom and imposed upon it a new political discipline by making war on local franchises and the entrenched bastard feudalism of the northern and western marches, handling the final incorporation of Wales into English political life and giving Ireland a foretaste of determined English overlordship. He directed the immense operation of the dissolution of the monasteries.... Indeed, he left a deep mark on much of the machinery of central and local government. Finally, he was the first royal servant fully to perceive the power of that young giant, the printing-press."

"It is not unreasonable to argue that if Henry had been willing to carry out Cromwell's advice about using and husbanding his resources, and if he had not destroyed Cromwell in act of supreme folly, then by the time of Henry's death the English monarchy might have been strong enough to withstand the threats to its supremacy which the future was to bring. If Cromwell had succeeded in making Henry all-powerful, then the future history of England could have approached more closely to that of France under the Bourbons, and the English parliament suffered the same fate as the Estates General."

"A good household manager, but not fit to meddle in the affairs of kings."

"The ix. day of Iuly, Thomas lorde Cromewel, late made erle of Essex...beyng in the counsaill chaber, was sodainly apprehended, and committed to the tower of London, the whiche many lamented, but mo reioysed, and specially suche, as either had been religious men, or fauored religious persones, for thei banqueted, and triumphed together that night, many wisshyng that that daie had been seuen yere before, and some fearyng least he should escape, although he were imprisoned, could not be mery. Other who knewe nothyng but truth by hym, bothe lamented hym, and hartely praied for hym: But this is true that of certain of the Clergie he was detestably hated, & specially of suche as had borne swynge, and by his meanes was put from it, for in dede he was a man, that in all his doynges, semed not to fauor any kynde of Popery, nor could not abide the snoffyng pride of some prelates, whiche vndoubtedly whatsoeuer els was the cause of his death, did shorten his life, and procured the ende that he was brought vnto."

"I think now that in England under the Tudors (1955), attempting to restore him to view and show him in a truer light, I made some rather extravagant claims for him, though I stand by the essence of my opinions there. I still think that Cromwell was the most remarkable English statesman of the sixteenth century and one of the most remarkable in the country's history. I still think that he instigated and in part accomplished a major and enduring transformation in virtually every aspect of the nation's public life. And I still think that he was largely responsible for the fact that the medieval heritage of common law and representative institutions remained at the heart of England's modern government, until very recent times."

"The Reformation, then, was not the inevitable development of the text-books. Whether it would have come anyway it is idle to speculate; but it came in the 1530's simply because Henry's desire for his divorce was baulked by an international situation which made co-operation with the papacy impossible, and it came as it did because Thomas Cromwell produced a plan which achieved Henry's ends by destroying the papal power and jurisdiction in England and by creating in England an independent sovereign state. This policy was not present from the start; it had to overcome much caution and conservatism as well as fear of the consequences before its bold simplicity was permitted to develop. The Henrician Reformation reflects the ideas—one may say, the political philosophy—of Thomas Cromwell."

"The Act in Restraint of Appeals to Rome was a government measure, affected slightly by opposition from the church and not at all by parliament. A proposal to authorize the archbishops by act of parliament to dissolve the king's marriage was soon replaced by a comprehensive attack on papal jurisdiction in England. In Cromwell's hands, the preamble turned into an unhesitating statement of the theory which underlay the whole practice of Henry VIII and his government: the theory of the imperial crown of England sovereign within its own realm over both laity and church."

"Since the great days of Jimmy Greaves, it's the only time anyone's managed to score five times in a Chelsea shirt."

"The Minister for Fun."

"There is no design involved. It would look tawdry down the wrong end of a beach in Torremolinos. This isn't a case of just not wanting it in my backyard. This area is historically significant with listed buildings and it's next to the Tower of London, which is a world heritage site."

"And I'd like to say this to [Sir James Goldsmith] ... who has got nothing to be smug about, and I would like to say that 1,500 votes is a derisory total. We have shown tonight that the Referendum Party is dead in the water, and Sir James can get off back to Mexico knowing your attempt to buy the British political system has failed."

"Lawyers are like rhinoceroses: thick-skinned, short-sighted, and always ready to charge."

"The tabloids are like animals, with their own behavioural patterns. There’s no point in complaining about them, any more than complaining that lions might eat you."

"This is the first time in ages that David Mellor has done the decent thing."

"The press – the popular press – is drinking in the Last Chance Saloon."

"Macaulay, Mill and Burke are I believe the three authors to whom as far as I can judge I owe more than to any other teachers I could mention."

"[I]t was A.V. Dicey whose writing – above all his classic textbook The Law of the Constitution – had most impact on me. It had long been fashionable to attack Dicey for his doctrinaire opposition to the new administrative state, and there are plenty of learned commentators still inclined to do so. But I found myself immediately at home with what he said – it is not perhaps without significance that though Dicey's was a great legal mind, he was at heart a classical liberal. The "law of the constitution" was, in Dicey's words, the result of two "guiding principles, which had been gradually worked out by the more or less conscious efforts of generations of English statesmen and lawyers". The first of these principles was the sovereignty of Parliament. The second was the rule of law, which I will summarize briefly and inadequately as the principle that no authority is above the law of the land. For Dicey, writing in 1885, and for me reading him some seventy years later, the rule of law still had a very English, or at least Anglo-Saxon, feel to it. It was later, through reading Hayek's masterpieces The Constitution of Liberty and Law, Legislation and Liberty that I really came to think of this principle as having wider application."

"Dicey's intellectual and critical powers were accompanied by a lovable simplicity of character and a lively wit. "It is better to be flippant than dull" he used to tell his pupils, and it was the force of his epigrams that made his early reputation as a speaker in the Oxford Union. His remarkable faculty of exposition, acquired by persistent revision of his compositions, was sometimes marred by a tendency to redundancy of which he could not rid himself."

"Lectures on the relation between Law and Public Opinion in England during the Nineteenth Century was published in 1905 and was received as a notable contribution to political philosophy—"the esprit des lois of our times"."