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Wednesday, February 10, 2021

Divine right of kings

From Wikipedia, the free encyclopedia

Henry VIII declared himself the Supreme Head of the Church of England and ushered in the theory of divine right of kings.

The divine right of kings, divine right, or God's mandate is a political and religious doctrine of political legitimacy in a monarchy. It stems from a specific metaphysical framework in which a monarch is pre-ordained to inherit the crown before their birth. Under this theory of political legitimacy the subjects of the crown are considered to have actively (rather than merely passively) turned over the metaphysical selection of the king's soul – which will inhabit the body and rule them – over to God. In this way, the "divine right" originates as a metaphysical act of humility or submission towards God. The divine right has been a key element for legitimizing many absolute monarchies.

Consequentially, it asserts that a monarch is not accountable to an earthly authority (such as a parliament) because their right to rule is derived from divine authority. The monarch is thus not subject to the will of his people, of the aristocracy, or of any other estate of the realm. It implies that only divine authority can judge an unjust monarch and that any attempt to depose, dethrone or restrict their powers runs contrary to God's will and may constitute a sacrilegious act. It is often expressed in the phrase "by the Grace of God", attached to the titles of a reigning monarch; although this right does not make the monarch the same as a sacred king.

Historically, many notions of rights were authoritarian and hierarchical, with different people granted different rights, and some having more rights than others. For instance, the right of a father to respect from his son did not indicate a right for the son to receive a return from that respect; and the divine right of kings, which permitted absolute power over subjects, did not leave a lot of room for many rights for the subjects themselves.

In contrast, conceptions of rights developed during the Age of Enlightenment often emphasized liberty and equality as among the most important aspects of rights, for example in the American Revolution and the French Revolution.

Pre-Christian European conceptions

The Imperial cult of ancient Rome identified Roman emperors and some members of their families with the "divinely sanctioned" authority (auctoritas) of the Roman State. The official offer of cultus to a living emperor acknowledged his office and rule as divinely approved and constitutional: his Principate should therefore demonstrate pious respect for traditional Republican deities and mores. Many of the rites, practices and status distinctions that characterized the cult to emperors were perpetuated in the theology and politics of the Christianized Empire.

Christian conceptions

During early and middle ages

Outside of Christianity, kings were often seen as either ruling with the backing of heavenly powers or perhaps even being divine beings themselves. However, the Christian notion of a divine right of kings is traced to a story found in 1 Samuel, where the prophet Samuel anoints Saul and then David as mashiach ("anointed one")—king over Israel. The anointing is to such an effect that the monarch became inviolable so that even when Saul sought to kill David, David would not raise his hand against him because "he was the Lord's anointed".

Although the later Roman Empire had developed the European concept of a divine regent in Late Antiquity, Adomnan of Iona provides one of the earliest written examples of a Western medieval concept of kings ruling with divine right. He wrote of the Irish King Diarmait mac Cerbaill's assassination and claimed that divine punishment fell on his assassin for the act of violating the monarch. Adomnan also recorded a story about Saint Columba supposedly being visited by an angel carrying a glass book, who told him to ordain Aedan mac Gabrain as King of Dal Riata. Columba initially refused, and the angel answered by whipping him and demanding that he perform the ordination because God had commanded it. The same angel visited Columba on three successive nights. Columba finally agreed, and Aedan came to receive ordination. At the ordination, Columba told Aedan that so long as he obeyed God's laws, then none of his enemies would prevail against him, but the moment he broke them, this protection would end, and the same whip with which Columba had been struck would be turned against the king. Adomnan's writings most likely influenced other Irish writers, who in turn influenced continental ideas as well. Pepin the Short's coronation may have also come from the same influence. The Byzantine Empire can be seen as the progenitor of this concept (which began with Constantine I), which in turn inspired the Carolingian dynasty and the Holy Roman Emperors, whose lasting impact on Western and Central Europe further inspired all subsequent Western ideas of kingship.

In the Middle Ages, the idea that God had granted earthly power to the monarch, just as he had given spiritual authority and power to the church, especially to the Pope, was already a well-known concept long before later writers coined the term "divine right of kings" and employed it as a theory in political science. For example, Richard I of England declared at his trial during the diet at Speyer in 1193: "I am born in a rank which recognizes no superior but God, to whom alone I am responsible for my actions", and it was Richard who first used the motto "Dieu et mon droit" ("God and my right") which is still the motto of the Monarch of the United Kingdom.

With the rise of nation-states and the Protestant Reformation in the late 16th century, the theory of divine right justified the king's absolute authority in both political and spiritual matters. Henry VIII of England declared himself the Supreme Head of the Church of England, and exerted the power of the throne more than any of his predecessors. As a political theory, it was further developed by James VI of Scotland (1567–1625), and came to the force in England under his reign as James I of England (1603–1625). Louis XIV of France (1643–1715) strongly promoted the theory as well.

Scots texts of James VI of Scotland

The Scots textbooks of the divine right of kings were written in 1597–1598 by James VI of Scotland despite Scotland never having believed in the theory and where the monarch was regarded as the "first among equals" on a par with his people. His Basilikon Doron, a manual on the powers of a king, was written to edify his four-year-old son Henry Frederick that a king "acknowledgeth himself ordained for his people, having received from the god a burden of government, whereof he must be countable". He based his theories in part on his understanding of the Bible, as noted by the following quote from a speech to parliament delivered in 1610 as James I of England:

The state of monarchy is the supremest thing upon earth, for kings are not only God's lieutenants upon earth and sit upon God's throne, but even by God himself, they are called gods. There be three principal [comparisons] that illustrate the state of monarchy: one taken out of the word of God, and the two other out of the grounds of policy and philosophy. In the Scriptures, kings are called gods, and so their power after a certain relation compared to the Divine power. Kings are also compared to fathers of families; for a king is true parens patriae [parent of the country], the politic father of his people. And lastly, kings are compared to the head of this microcosm of the body of man.

James's reference to "God's lieutenants" is apparently a reference to the text in Romans 13 where Paul refers to "God's ministers".

(1) Let every soul be subject unto the higher powers. For there is no power but of God: the powers that be are ordained of God. (2) Whosoever, therefore, resisteth the power, resisteth the ordinance of God: and they that resist shall receive to themselves damnation. (3) For rulers are not a terror to good works, but to the evil. Wilt thou then not be afraid of the power? do that which is good, and thou shalt have praise of the same: (4) For he is the minister of God to thee for good. But if thou do that which is evil, be afraid; for he beareth not the sword in vain: for he is the minister of God, a revenger to execute wrath upon him that doeth evil. (5) Wherefore ye must needs be subject, not only for wrath but also for conscience sake. (6) For this cause pay ye tribute also: for they are God's ministers, attending continually upon this very thing. (7) Render therefore to all their dues: tribute to whom tribute is due; custom to whom custom; fear to whom fear; honour to whom honour.

Western conceptions

Louis XIV of France depicted as the Sun King.

The conception of ordination brought with it largely unspoken parallels with the Anglican and Catholic priesthood, but the overriding metaphor in James's handbook was that of a father's relation to his children. "Just as no misconduct on the part of a father can free his children from obedience to the fifth commandment", James also had printed his Defense of the Right of Kings in the face of English theories of inalienable popular and clerical rights. The divine right of kings, or divine-right theory of kingship, is a political and religious doctrine of royal and political legitimacy. It asserts that a monarch is subject to no earthly authority, deriving his right to rule directly from the will of God. The king is thus not subject to the will of his people, the aristocracy, or any other estate of the realm, including (in the view of some, especially in Protestant countries) the church. A weaker or more moderate form of this political theory does hold, however, that the king is subject to the church and the pope, although completely irreproachable in other ways; but according to this doctrine in its strong form, only God can judge an unjust king. The doctrine implies that any attempt to depose the king or to restrict his powers runs contrary to the will of God and may constitute a sacrilegious act.

One passage in scripture supporting the idea of the divine right of kings was used by Martin Luther, when urging the secular authorities to crush the Peasant Rebellion of 1525 in Germany in his Against the Murderous, Thieving Hordes of Peasants, basing his argument on St. Paul's Epistle to the Romans 13:1–7.

It is related to the ancient Catholic philosophies regarding monarchy, in which the monarch is God's vicegerent upon the earth and therefore subject to no inferior power. However, in Roman Catholic jurisprudence, the monarch is always subject to natural and divine law, which are regarded as superior to the monarch. The possibility of monarchy declining morally, overturning natural law, and degenerating into a tyranny oppressive of the general welfare was answered theologically with the Catholic concept of extra-legal tyrannicide, ideally ratified by the pope. Until the unification of Italy, the Holy See did, from the time Christianity became the Roman state religion, assert on that ground its primacy over secular princes; however this exercise of power never, even at its zenith, amounted to theocracy, even in jurisdictions where the Bishop of Rome was the temporal authority.

Antichristus, a woodcut by Lucas Cranach the Elder, of the pope using the temporal power to grant authority to a ruler contributing generously to the Catholic Church

Catholic justification for the divine rights

Catholic thought justified submission to the monarchy by reference to the following:

  1. The Old Testament, in which God chose kings to rule over Israel, beginning with Saul who was then rejected by God in favour of David, whose dynasty continued (at least in the southern kingdom) until the Babylonian captivity.
  2. The New Testament, in which the first pope, St. Peter, commands that all Christians shall honour the Roman Emperor (1 Peter 2:13–20), even though, at that time, he was still a pagan emperor. St. Paul agreed with St. Peter that subjects should be obedient to the powers that be because they are appointed by God, as he wrote in his Epistle to the Romans 13:1–7. Likewise, Jesus Christ proclaims in the Gospel of Matthew that one should "Render unto Caesar the things which are Caesar's"; that is at first, literally, the payment of taxes as binding those who use the imperial currency (See Matthew 22:15–22). Jesus told Pontius Pilate that his authority as Roman governor of Judaea came from heaven according to John 19:10–11.
  3. The endorsement by the popes and the church of the line of emperors beginning with the Emperors Constantine and Theodosius, later the Eastern Roman emperors, and finally the Western Roman emperor, Charlemagne and his successors, the Catholic Holy Roman Emperors.

The French Huguenot nobles and clergy, having rejected the pope and the Catholic Church, were left only with the supreme power of the king who, they taught, could not be gainsaid or judged by anyone. Since there was no longer the countervailing power of the papacy and since the Church of England was a creature of the state and had become subservient to it, this meant that there was nothing to regulate the powers of the king, and he became an absolute power. In theory, divine, natural, customary, and constitutional law still held sway over the king, but, absent a superior spiritual power, it was difficult to see how they could be enforced since the king could not be tried by any of his own courts.

Some of the symbolism within the coronation ceremony for British monarchs, in which they are anointed with holy oils by the Archbishop of Canterbury, thereby ordaining them to monarchy, perpetuates the ancient Roman Catholic monarchical ideas and ceremonial (although few Protestants realize this, the ceremony is nearly entirely based upon that of the Coronation of the Holy Roman Emperor). However, in the UK, the symbolism ends there since the real governing authority of the monarch was all but extinguished by the Whig revolution of 1688–89 (see Glorious Revolution). The king or queen of the United Kingdom is one of the last monarchs still to be crowned in the traditional Christian ceremonial, which in most other countries has been replaced by an inauguration or other declaration.

Charles I of England, with a divine hand moving his crown

The concept of divine right incorporates, but exaggerates, the ancient Christian concept of "royal God-given rights", which teach that "the right to rule is anointed by God", although this idea is found in many other cultures, including Aryan and Egyptian traditions. In pagan religions, the king was often seen as a kind of god and so was an unchallengeable despot. The ancient Roman Catholic tradition overcame this idea with the doctrine of the "Two Swords" and so achieved, for the very first time, a balanced constitution for states. The advent of Protestantism saw something of a return to the idea of a mere unchallengeable despot.

Thomas Aquinas condoned extra-legal tyrannicide in the worst of circumstances:

When there is no recourse to a superior by whom judgment can be made about an invader, then he who slays a tyrant to liberate his fatherland is [to be] praised and receives a reward.

— Commentary on the Magister Sententiarum

On the other hand, Aquinas forbade the overthrow of any morally, Christianly and spiritually legitimate king by his subjects. The only human power capable of deposing the king was the pope. The reasoning was that if a subject may overthrow his superior for some bad law, who was to be the judge of whether the law was bad? If the subject could so judge his own superior, then all lawful superior authority could lawfully be overthrown by the arbitrary judgement of an inferior, and thus all law was under constant threat. Towards the end of the Middle Ages, many philosophers, such as Nicholas of Cusa and Francisco Suarez, propounded similar theories. The Church was the final guarantor that Christian kings would follow the laws and constitutional traditions of their ancestors and the laws of God and of justice. 

Similarly, the Chinese concept of Mandate of Heaven required that the emperor properly carry out the proper rituals and consult his ministers; however, this concept made it extremely difficult to undo any acts carried out by an ancestor.

The French prelate Jacques-Bénigne Bossuet made a classic statement of the doctrine of divine right in a sermon preached before King Louis XIV:

Les rois règnent par moi, dit la Sagesse éternelle: 'Per me reges regnant'; et de là nous devons conclure non seulement que les droits de la royauté sont établis par ses lois, mais que le choix des personnes est un effet de sa providence.

Kings reign by Me, says Eternal Wisdom: 'Per me reges regnant' [in Latin]; and from that we must conclude not only that the rights of royalty are established by its laws, but also that the choice of persons [to occupy the throne] is an effect of its providence.

Divine right and Protestantism

Before the Reformation the anointed king was, within his realm, the accredited vicar of God for secular purposes (see the Investiture Controversy); after the Reformation he (or she if queen regnant) became this in Protestant states for religious purposes also.

In England, it is not without significance that the sacerdotal vestments, generally discarded by the clergy – dalmatic, alb and stole – continued to be among the insignia of the sovereign (see Coronation of the British monarch). Moreover, this sacrosanct character he acquired not by virtue of his "sacring", but by hereditary right; the coronation, anointing and vesting were but the outward and visible symbol of a divine grace adherent in the sovereign by virtue of his title. Even Roman Catholic monarchs, like Louis XIV, would never have admitted that their coronation by the archbishop constituted any part of their title to reign; it was no more than the consecration of their title.

In England the doctrine of the divine right of kings was developed to its most extreme logical conclusions during the political controversies of the 17th century; its most famous exponent was Sir Robert Filmer. It was the main issue to be decided by the English Civil War, the Royalists holding that "all Christian kings, princes and governors" derive their authority direct from God, the Parliamentarians that this authority is the outcome of a contract, actual or implied, between sovereign and people.

In one case the king's power would be unlimited, according to Louis XIV's famous saying: "L' état, c'est moi!", or limited only by his own free act; in the other his actions would be governed by the advice and consent of the people, to whom he would be ultimately responsible. The victory of this latter principle was proclaimed to all the world by the execution of Charles I. The doctrine of divine right, indeed, for a while drew nourishment from the blood of the royal "martyr"; it was the guiding principle of the Anglican Church of the Restoration; but it suffered a rude blow when James II of England made it impossible for the clergy to obey both their conscience and their king. The Glorious Revolution of 1688 made an end of it as a great political force. This has led to the constitutional development of the Crown in Britain, as held by descent modified and modifiable by parliamentary action.

Divine right in Asia

Zoroastrianism conceptions (Iranian world)

Ahura Mazda gives divine kingship to Ardashir.

Khvarenah (Avestan: 'xᵛarənah;' Persian: far) is an Iranian and Zoroastrian concept, which literally means glory, about divine right of the kings. In the Iranian view, kings would never rule, unless Khvarenah is with them, and they will never fall unless Khvarenah leaves them. For example, according to the Kar-namag of Ardashir, when Ardashir I of Persia and Artabanus V of Parthia fought for the throne of Iran, on the road Artabanus and his contingent are overtaken by an enormous ram, which is also following Ardashir. Artabanus's religious advisors explain to him that the ram is the manifestation of the khwarrah of the ancient Iranian kings, which is leaving Artabanus to join Ardashir.

In early Mesopotamian culture, kings were often regarded as deities after their death. Shulgi of Ur was among the first Mesopotamian rulers to declare himself to be divine. This was the direct precursor to the concept of "Divine Right of kings", as well as in the Egyptian and Roman religions.

Confucianism and Shintoism

Concept of "Mandate of Heaven"

The Emperor of Japan rules as a divine descendant of the sun goddess Amaterasu

Practice in China and East Asia

In China and East Asia, rulers justified their rule with the philosophy of the Mandate of Heaven, which, although similar to the European concept, bore several key differences. While the divine right of kings granted unconditional legitimacy, the Mandate of Heaven was dependent on the behaviour of the ruler, the Son of Heaven. Heaven would bless the authority of a just ruler, but it could be displeased with a despotic ruler and thus withdraw its mandate, transferring it to a more suitable and righteous person. This withdrawal of mandate also afforded the possibility of revolution as a means to remove the errant ruler; revolt was never legitimate under the European framework of divine right.

In China, the right of rebellion against an unjust ruler had been a part of the political philosophy ever since the Zhou dynasty, whose rulers had used this philosophy to justify their overthrow of the previous Shang dynasty. Chinese historians interpreted a successful revolt as evidence that the Mandate of Heaven had passed on to the usurper.

Practice in Japan

In Japan, the Son of Heaven title was less conditional than its Chinese equivalent. There was no divine mandate that punished the emperor for failing to rule justly. The right to rule of the Japanese emperor, descended from the sun goddess Amaterasu, was absolute. The Japanese emperors traditionally wielded little secular power; generally, it was the duty of the sitting emperor to perform rituals and make public appearances, while true power was held by regents, high-ranking ministers, a commander-in-chief of the emperor's military known as the shōgun, or even retired emperors depending on the time period.

Hinduism and Indic religions

Indian origin religions (also called Dharmic or Indic religions) originated in the Indian subcontinent; namely Hinduism, and its later offshoots such as Jainism, Buddhism, and Sikhism. These religions are also all classified as Eastern religions. Although Indian religions are connected through the history of India, they constitute a wide range of religious communities, and are not confined to the Indian subcontinent. With ancient roots in the Indus Valley Civilisation, the documented history of Indian religions begin with the historical Vedic religion during the Vedic period which lasted from 1750 BCE to 500 BCE. Various reform movements in Hinduism led to development of offshoots of Hinduism such as Jainism, Buddhism and Sikhism.

Concept of "Chakravarti"

14 Ratnas of Chakravartin, 17th century manuscript

"Chakravarti" refers to an ideal universal ruler especially in the sense of an imperial ruler of the entire Indian sub-continent (as in the case of the Maurya Empire).

In Hinduism, the term generally denotes a powerful ruler whose dominion extended to the entire earth. In Buddhist kingship and Jainism, the term generally applies to temporal as well as spiritual kingship and leadership.

Concept of "Devaraja"

The concept "devarāja" grew out of Sanatana Dharma, in which the king was a divine universal ruler, a manifestation of Shri Bhagawan (often attributed to Shiva or Vishnu). The concept viewed the monarch to possess transcendental quality, the king as the living god on earth. The concept is closely related to the Bharati concept of Chakravartin (universal monarch). In politics, it is viewed as the divine justification of a king's rule.

The concept was institutionalized and gained its elaborate manifestations in ancient Java and Kambujadesha, where monuments such as Prambanan and Angkor Wat were erected to celebrate the king's divine rule on earth.

Indian Subcontinent

"Chakravarti" kings of Indian subcontinent

The first references to a Chakravala Chakravartin appear in monuments from the time of the early Maurya Empire, in the 4th to 3rd century BCE, in reference to Chandragupta Maurya and his grandson Ashoka.

Ashoka, also known as Ashoka the Great, was an Indian emperor of the Maurya empire, who ruled almost all of the Indian subcontinent from c. 268 to 232 BCE. For the spread of Buddhism, he sent buddhist missions to 9 destinations, including Tibet and China, Sri Lanka and Southeast Asia.

"Devaraja" tamil kings

In Dravidian culture, before Brahmanism and especially during the Sangam period, emperors were known as இறையர் (Iraiyer), or "those who spill", and kings were called கோ (Ko) or கோன் (Kon). During this time, the distinction between kingship and godhood had not yet occurred, as the caste system had not yet been introduced. Even in Modern Tamil, the word for temple is 'கோயில்', meaning "king's house". Kings were understood to be the "agents of God", as they protected the world like God did. This may well have been continued post-Brahminism in Tamilakam, as the famous Thiruvalangadu inscription states:

"Having noticed by the marks (on his body) that Arulmozhi was the very Vishnu" in reference to the Emperor Raja Raja Chola I.

"Devaraja" kings in Indianized polities in Southeast Asia

Indianised Hindu-Buddhist kingdoms of Southeast Asia deployed the Indian Hindu Brahmins scholars in their courts. Under the influence of the Brahmin scholars these kingdoms adopted the concept of deveraja. It was first adopted by the Indianised Hindu-Buddhist kingdoms of Java. Khmer empire which ruled Cambodia and Vietnam and other parts of the nearby present day nations adopted it from the Javanese kings. Eventually, Thai kings adopted the concept from the nearby Khmer empire.

Indonesian empires

Indianised Hindu-Buddhist empires such as Srivijaya and Majapahit deployed the Indian Hindu Brahmins scholars in their courts, and through Brahmins these kingdoms adopted the concept of deveraja. It was first adopted by the Srivijaya and then the Indianised Hindu-Buddhist kingdoms of Java such as Majapahit, through them the concept of deveraja transmitted to the territories under their influence (present day Indonesia, Malaysia, Philippines, Singapore, Brunei, East Timur, parts of southern mainland Southeast Asia.

The concept of devaraja or God King was the ancient Cambodian state religion, but it probably originated in Java where the Hindu influence first reached Southeast Asia. Circa 8th century, Sailendras allegedly ruled over Java, Sumatra, the Malay Peninsula and parts of Cambodia. In ancient Java, since Sailendra dynasty. The concept of devaraja is believed to be introduced to Java in 732, when king Sanjaya installed a linga to consecrate a new Mataram Dynasty, as stated in Canggal inscription, thus the king seek Shiva's protection of his rule.

Even older Tarumanagara kingdom, the state religion regarded the king as god incarnated on earth. The Tarumanagara fifth century CE Ciaruteun inscription, inscribed with king's sole print, regarded King Purnawarman as incarnation of Vishnu on earth. The Kebon Kopi I inscription, also called Telapak Gajah stone, with an inscription and the engraving of two large elephant footprints, associated king's elephant ride as Airavata (elephant ride of God Indra), thus associated the king also with Indra.

In Medang kingdom in Central Java, it is customary to erect candi (temple) to honor and sent the soul of a dead king. The image of god inside the garbhagriha (central chamber) of the temple often portrayed the deceased king as a god, as the soul of the dead king finally united with the revered god in svargaloka. Some archaeologists propose that the statue of Shiva in the garbhagriha of Prambanan main temple was modelled after King Balitung, serving as a depiction of his posthumous deified self. It is suggested that the concept of devaraja was the fusion of Hinduism with native Austronesian ancestor worship. The 11th century great king Airlangga of Kahuripan in East Java, was deified posthumously as Vishnu in Belahan temple. In Java, the tradition of divine king continued well to Kediri, Singhasari, and Majapahit kingdom in the 15th century.

After the coming of Islam in the archipelago and the fall of Majapahit, the concept of God-King were most likely ceased to exist in Java, since Islam rejects the concept of divinity in mortal human being. Yet the concept survived in traditional Javanese mysticism of Kejawen as wahyu, suggesting that every king and rulers in Java was bestowed wahyu, a divine authority and mandate from God.

Khmer empire of Cambodia, Vietnam and Laos

Khmer empire followed the Hindu concept of divine devaraja kingship which they had adopted from the Indianised Hindu Javanese Majapahit empire.

In ancient Cambodia, devarāja is recognized as the state's institutionalized religion. The Cambodian the cult of the "god-king" is believed to be established early in the 9th century by Jayavarman II, founder of the Khmer empire of Angkor, with the brahmin scholar Sivakaivalya as his first chief priest at Mahendraparvata. For centuries, the cult provided the religious basis of the royal authority of the Khmer kings.

In a Khmer context the term was used in the latter sense as "god-king", but occurs only in the Sanskrit portion of the inscription K. 235 from Sdok Kak Thom / Sdok Kăk Thoṃ (in modern Thailand) dated 8 February 1053 CE, referring to the Khmer term kamrateṅ jagat ta rāja ("Lord of the Universe who is King") describing the protective deity of the Khmer Empire, a distinctly Khmer deity, which was mentioned before in the inscription K. 682 of Chok Gargyar (Kòḥ Ker) dated 921/22 CE.

Khmer emperor Jayavarman II is widely regarded as the king that set the foundation of the Angkor period in Cambodian history, beginning with the grandiose consecration ritual conducted by Jayavarman II (reign 790-835) in 802 on sacred Mount Mahendraparvata, now known as Phnom Kulen, to celebrate the independence of Kambuja from Javanese dominion (presumably the "neighboring Chams", or chvea). At that ceremony Prince Jayavarman II was proclaimed a universal monarch (Kamraten jagad ta Raja in Cambodian) or God King (Deva Raja in Sanskrit). According to some sources, Jayavarman II had resided for some time in Java during the reign of Sailendras, or "The Lords of Mountains", hence the concept of Devaraja or God King was ostensibly imported from Java. At that time, Sailendras allegedly ruled over Java, Sumatra, the Malay Peninsula and parts of Cambodia. An inscription from the Sdok Kak Thom temple recounts that at Mahendraparvata, Jayavarman II took part in a ritual by the Brahman Hiranyadama, and his chief priest Lord Sivakaivalya, known as devaraja (Khmer: ទេវរាជា) which placed him as a chakravartin, Lord of the Universe.

Thailand

This concept of "" (Thai: เทวราชา) (or "divine king") was adopted by the Thai kings from the ancient Khmer tradition of devaraja followed in the region, and the Hindu concept of kingship was applied to the status of the Thai king. The concept centered on the idea that the king was an incarnation (avatar) of the god Vishnu and that he was a Bodhisattva (enlightened one), therefore basing his power on his religious power, his moral power, and his purity of blood.

Brahmins took charge in the royal coronation. The king was treated as a reincarnation of Hindu gods. Ayutthaya historical documents show the official titles of the kings in great variation: Indra, Shiva and Vishnu, or Rama. Seemingly, Rama was the most popular, as in "Ramathibodhi". However, Buddhist influence was also evident, as many times the king's title and "unofficial" name "Dhammaraja", an abbreviation of the Buddhist Dharmaraja. The two former concepts were re-established, with a third, older concept taking hold.

The king, portrayed by state interests as a semi-divine figure, then became—through a rigid cultural implementation—an object of worship and veneration to his people. From then on the monarchy was largely removed from the people and continued under a system of absolute rule. Living in palaces designed after Mount Meru ("home of the gods" in Hinduism), the kings turned themselves into a "Chakravartin", where the king became an absolute and universal lord of his realm. Kings demanded that the universe be envisioned as revolving around them, and expressed their powers through elaborate rituals and ceremonies. For four centuries these kings ruled Ayutthaya, presiding over some of the greatest period of cultural, economic, and military growth in Thai History.

Rajas and Sultans of Indianized polities in Southeast Asia

In the Malay Annals, the rajas and sultans of the Malay States (today Malaysia, Brunei and Philippines) as well as their predecessors, such as the Indonesian kingdom of Majapahit, also claimed divine right to rule. The sultan is mandated by God and thus is expected to lead his country and people in religious matters, ceremonies as well as prayers. This divine right is called Daulat (which means 'state' in Arabic), and although the notion of divine right is somewhat obsolete, it is still found in the phrase Daulat Tuanku that is used to publicly acclaim the reigning Yang di-Pertuan Agong and the other sultans of Malaysia. The exclamation is similar to the European "Long live the King", and often accompanies pictures of the reigning monarch and his consort on banners during royal occasions. In Indonesia, especially on the island of Java, the sultan's divine right is more commonly known as the way, or 'revelation', but it is not hereditary and can be passed on to distant relatives.

Opposition to the divine right of kings

In the sixteenth century, both Catholic and Protestant political thinkers began to question the idea of a monarch's "divine right".

The Spanish Catholic historian Juan de Mariana put forward the argument in his book De rege et regis institutione (1598) that since society was formed by a "pact" among all its members, "there can be no doubt that they are able to call a king to account". Mariana thus challenged divine right theories by stating in certain circumstances, tyrannicide could be justified. Cardinal Robert Bellarmine also "did not believe that the institute of monarchy had any divine sanction" and shared Mariana's belief that there were times where Catholics could lawfully remove a monarch.

Among groups of English Protestant exiles fleeing from Queen Mary I, some of the earliest anti-monarchist publications emerged. "Weaned off uncritical royalism by the actions of Queen Mary ... The political thinking of men like Ponet, Knox, Goodman and Hales."

In 1553, Mary I, a Roman Catholic, succeeded her Protestant half-brother, Edward VI, to the English throne. Mary set about trying to restore Roman Catholicism by making sure that: Edward's religious laws were abolished in the Statute of Repeal Act (1553); the Protestant religious laws passed in the time of Henry VIII were repealed; and the Revival of the Heresy Acts were passed in 1554. The Marian Persecutions began soon afterwards. In January 1555, the first of nearly 300 Protestants were burnt at the stake under "Bloody Mary". When Thomas Wyatt the Younger instigated what became known as Wyatt's rebellion, John Ponet, the highest-ranking ecclesiastic among the exiles, allegedly participated in the uprising. He escaped to Strasbourg after the Rebellion's defeat and, the following year, he published A Shorte Treatise of Politike Power, in which he put forward a theory of justified opposition to secular rulers.

"Ponet's treatise comes first in a new wave of anti-monarchical writings ... It has never been assessed at its true importance, for it antedates by several years those more brilliantly expressed but less radical Huguenot writings which have usually been taken to represent the Tyrannicide-theories of the Reformation."

Ponet's pamphlet was republished on the eve of King Charles I's execution.

According to U.S. President John Adams, Ponet's work contained "all the essential principles of liberty, which were afterward dilated on by Sidney and Locke", including the idea of a three-branched government.

In due course, opposition to the divine right of kings came from a number of sources, including poet John Milton in his pamphlet The Tenure of Kings and Magistrates, and Thomas Paine in his pamphlet Common Sense. Probably the two most famous declarations of a right to revolution against tyranny in the English language are John Locke's Essay concerning The True Original, Extent, and End of Civil-Government and Thomas Jefferson's formulation in the United States Declaration of Independence that "all men are created equal".

 

Mandate of Heaven

From Wikipedia, the free encyclopedia

The Mandate of Heaven (Chinese: 天命; pinyin: Tiānmìng; Wade–Giles: T'ien-ming, literally "Heaven's will") is a Chinese political and religious teaching that was used in ancient and imperial China to justify the rule of the King or Emperor of China. According to this belief, Heaven (天, Tian) embodies the natural order and the will of the just ruler of China, the "Son of Heaven" of the "Celestial Empire". If a ruler was overthrown, this was interpreted as an indication that the ruler was unworthy, and had lost the mandate. It was also a common belief that natural disasters such as famine and flood were divine retributions bearing signs of Heaven's displeasure with the ruler, so there would often be revolts following major disasters as the people saw these calamities as signs that the Mandate of Heaven had been withdrawn.

A brief flow chart depicting the flow of auctoritas in the transfer of the Mandate of Heaven at the transition of dynastic cycles.

The Mandate of Heaven does not require a legitimate ruler to be of noble birth but how well that person can rule, depending on the just and able performance of the rulers and their heirs. Chinese dynasties such as the Han and Ming were founded by men of common origins, but they were seen as having succeeded because they had gained the Mandate of Heaven. The concept is in some ways similar to the European concept of the divine right of kings; however, unlike the European concept, it does not confer an unconditional right to rule. Intrinsic to the concept of the Mandate of Heaven was the right of rebellion against an unjust ruler. The Mandate of Heaven was often invoked by philosophers and scholars in China as a way to curtail the abuse of power by the ruler, in a system that had few other checks. Chinese historians interpreted a successful revolt as evidence that Heaven had withdrawn its mandate from the ruler. Throughout Chinese history, times of poverty and natural disasters were often taken as signs that heaven considered the incumbent ruler unjust and thus in need of replacement.

The concept of the Mandate of Heaven was first used to support the rule of the kings of the Zhou dynasty (1046–256 BCE), and legitimize their overthrow of the earlier Shang dynasty (1600–1069 BCE). It was used throughout the history of China to legitimize the successful overthrow and installation of new emperors, including by non-Han Chinese monarchs such as the Qing (1636–1912).

History

Transition between the Shang and the Zhou

The prosperous Shang dynasty saw its rule filled with multiple outstanding accomplishments. Notably, the dynasty lasted for a considerable time during which 31 kings ruled over an extended period of 17 generations. During this period, the dynasty enjoyed a period of peace and tranquility in which citizens could make a good living. The government was originally able to control most of its internal affairs due to the firm support provided by the people. As time went on, however, the rulers' abuse of the other social classes led to social unrest and instability. The corruption in this dynasty created the conditions necessary for a new ruling house to rise —the Zhou dynasty. Rebellion against the Shang was led by Zhou Wu. They created the Mandate of Heaven to explain their right to assume rule and presumed that the only way to hold the mandate was to rule well in the eyes of Heaven. They believed that the Shang ruling house had become morally corrupt and that the Shang leaders' loss of virtue entitled their own house to take over. The overthrow of the Shang Dynasty, they said, was in accordance with the mandate given by Heaven.

After the Zhou became the ruling dynasty, they mostly appointed their own officials. The Zhou Dynasty had its own way of assigning its officials. However, in order to appease some of the citizens, they allowed some Shang beneficiaries to continue governing their small kingdoms in compliance with Zhou rules and regulations. As the empire continued to expand, intermarriage increased because the rulers believed that it was a method of forming strong alliances that enabled them to absorb more countries into the dynasty. In the case of a war, the Zhou dynasty boasted excellent military and technology mostly because of influence from annexed countries. They also excelled in shipbuilding, which, coupled with their discovery of celestial navigation, made them excellent mariners. Intellectually, the Zhou excelled in fields of literature and philosophy while many governmental positions were filled according to the intellectual ability of a candidate. A large amount of literature survives from the Zhou period, including the Book of Changes, Book of History, Book of Etiquette, Book of Song, Book of Odes, and the Book of Rites. Most of these works are commentaries on the progress and political movement of the dynasty. In philosophical terms, Confucius and his followers played an important role in shaping the mentality of the government as defined by the Five Confucian Relationships. These critical thinkers served as a foundation for the government. Their works primarily stressed the importance of the ruling class, respect, and their relationship with the lower class. Due to the growing size of the dynasty, it became apparent that a centralized government would lead to a lot of confusion and corruption because the government would not be able to exert its influence or accede to the needs of everyone. To address this political barrier, the dynasty formed a decentralized government in which the empire was broken down into sections. Within these districts were administrators who were appointed by the government, in return, they had to maintain their allegiance to the main internal government. In effect, the Zhou dynasty became a collection of districts. Consequently, this marked the fall of the dynasty as it became difficult for the central government to exert influence on all other regions of the empire.

Finally, when the Zhou dynasty's power decreased, it was wiped out by the State of Qin, which believed that the Zhou had become weak and their rule unjust. This transition emphasizes the customary trend of the Mandate of Heaven, which provided leeway for the rise of a new power. The Qin initially attempted to capitalize on the errors made by the Zhou, either by eliminating the source of error or reforming it. During this reformation, administrative changes were made and a system of legalism was developed which stated that the law is supreme over every individual, including the rulers. Although significant progress was made during the Qin dynasty, the persecution of scholars and ordinary citizens led to an unstable state.

After the death of Qin Shihuang, the first emperor of the Qin dynasty, a widespread revolt by prisoners, peasants, and unhappy soldiers inevitably led to the fall of the Qin dynasty due to its tyrannical practices. The establishment of the Han dynasty marked a great period in China’s history marked by significant changes in the political structure of the country. Under the Han emperors, significant changes were made in which the government introduced entrance examinations known as civil service or imperial examinations for governmental positions. Additionally, the Han dynasty prospered economically through the Silk Road and other trading means.

Five Dynasties period

During the Five Dynasties and Ten Kingdoms Period, there was no dominant Chinese dynasty that ruled all of China. This created a problem for the Song dynasty that followed, as they wanted to legitimize their rule by claiming that the Mandate of Heaven had passed on them. The scholar-official Xue Juzheng compiled the Old History of the Five Dynasties (五代史) during the 960s and 970s, after the Song dynasty had taken northern China from the last of the Five Dynasties, the Later Zhou. A major purpose was to establish justification for the transference of the Mandate of Heaven through these five dynasties and thus to the Song dynasty. He argued that these dynasties met certain vital criteria to be considered as having attained the Mandate of Heaven despite never having ruled all of China. One is that they all ruled the traditional Chinese heartland. They also held considerably more territory than any of the other Chinese states that had existed conterminously in the south. When the Mandate of Heaven gave Zhou the ruling authority they had to figure out how to govern.

However, there were certain other areas where these dynasties all clearly fell short. The brutal behavior of Zhu Wen and the Later Liang was a source of considerable embarrassment, and thus there was pressure to exclude them from the Mandate. The following three dynasties, the Later Tang, Later Jin, and Later Han were all non-Han Chinese dynasties, all having been ruled by the Shatuo ethnic minority. There is also the concern that though each of them was the most powerful Chinese kingdom of its respective era, none of them ever really had the ability to unify the entire Chinese realm as there were several powerful states to the south. However, it was the conclusion of Xue Juzheng that the Mandate had indeed passed through each of the Five Dynasties, and thus onto the Song Dynasty when it conquered the last of those dynasties.

Qing invasion

In previous dynasties; the Song, Jin, and Yuan dynasties reigned for much of the beginning three centuries where the mandate of heaven was questioned heavily between dynastic councils among each emperor. Some emperors were not entirely sure of their validity when it came to claiming the mandate, for it was ambiguous. Especially for the case of the Jurchen Jin, where much of the council was not sure how to discern the validity of their rulers. From Emperor Gaozong of the Tang Dynasty to the Kangxi Emperor much of the chosen emperors contemplated much of this when they became a contender for the mandate. The reason for this was because of the ambiguity of the Mandate and overwhelmingly unofficial formality when declaring the Mandate of Heaven. However, Kublai Khan was the only indifferent ruler when he claimed the Mandate of Heaven over the Yuan Dynasty since he had a sizable military and was part of the Khitan people, as with many others from the same background since they did not have the same traditions and culture as their Chinese adversaries.

It was said that the peasant group of the Ming dynasty were the real selectors which allowed for the Mandate of Heaven to be claimed by the ruler. As a prospective candidate to the Mandate, they could please the peasantry group in order to win favor amongst the dynasty. It was solely politics from beginning to end and an attempt from the emperor to maintain a favorable act towards Heaven. Many emperors within the Qing dynasty looked immensely within themselves trying to come to terms with their ruling if natural disasters occurred within their time. This was interpreted as a warning of Heaven's displeased wrath towards an emperors ruling, such that the Mandate under their rule was unstable. Furthermore, Qing emperors would take their advisors feedback very seriously when pertaining to ruling and take it upon themselves to reflect on their current decisions of the dynastic overview in hopes that it favors Heaven.

The right to rule and the right of rebellion

Mencius stated that:

The people are of supreme importance; the altars of the gods of earth and grain come next; last comes the ruler. That is why he who gains the confidence of the multitudinous people will be Emperor... When a feudal lord endangers the altars of the gods of earth and grain, he should be replaced. When the sacrificial animals are sleek, the offerings are clean and the sacrifices are observed at due times, and yet floods and droughts come [by the agency of heaven], then the altars should be replaced.

— Mencius

Chinese historians interpreted a successful revolt as evidence that the Mandate of Heaven had passed. In China, the right of rebellion against an unjust ruler has been a part of political philosophy ever since the Zhou dynasty, and the successful rebellion was interpreted by Chinese historians as evidence that divine approval had passed on to the successive dynasty. The Right of Rebellion is not coded into any official law. Rather, rebellion is always outlawed and severely punished; but is still a positive right grounded in the Chinese moral system. Often, it is used as a justification for actions to overthrow a previous dynasty after a rebellion has been successful and a new dynastic rule has been established. Since the winner is the one who determines who has obtained the Mandate of Heaven and who has lost it, some Chinese scholars consider it to be a sort of Victor's justice, best characterized in the popular Chinese saying "The winner becomes king, the loser becomes outlaw" (Chinese: “成者爲王,敗者爲寇”). Due to this, it is considered that Chinese historical accounts of the fall of a dynasty and the rise of a new one must be handled with caution. Chinese traditional historical compilation methods produce accounts that tend to fit their account to the theory, emphasizing aspects tending to prove that the old dynasty lost the Mandate of Heaven and the new one gained it, and de-emphasizing other aspects.

In the 20th and 21st centuries, Confucianist elements of student rebellions often claimed the Mandate of Heaven has been forfeited, as demonstrated by their large-scale activism. Important instances include Taiwan's Sunflower Student Movement in 2014 and Hong Kong's Umbrella Movement in 2019.

Influence

Because of China's influence in medieval times, the concept of the Mandate of Heaven spread to other East Asian countries as a justification for rule by divine political legitimacy. In Korea, it was first adopted by the Joseon dynasty and became an enduring state ideology.

The ideology was also adopted in Vietnam, known in Vietnamese as Thiên mệnh (Chữ Hán: 天命). A divine mandate gave the Vietnamese emperor the right to rule, based not on his lineage but on his competence to govern. The later and more centralized Vietnamese dynasties adopted Confucianism as the state ideology, which led to the creation of a Vietnamese tributary system in Southeast Asia that was modeled after the Chinese Sinocentric system in East Asia.

In Japan, the Japanese government found the concept ideologically problematic, preferring not to have divine political legitimacy that was conditional and that could be withdrawn. The Japanese Taihō Code, formulated in 703, was largely an adaptation of the governmental system of the Tang dynasty, but the Mandate of Heaven was specifically omitted. In later times, this need was obviated because the Imperial House of Japan claimed to be descended in an unbroken line from the Japanese sun goddess, Amaterasu. Nevertheless, while maintaining this role, the Japanese emperor became politically marginalized in the Nara and Heian periods by powerful regents of the Fujiwara clan who seized executive control of state. Even though the Japanese imperial line itself remained unbroken after the eighth century, actual political authority passed through successive dynasties of regents and shōguns which cycled in a manner similar to that of Chinese dynasties. Even after the Meiji Restoration in 1868, when the emperor was placed back in the center of the political bureaucracy, the throne itself had very little power vis-à-vis the Meiji oligarchy. Actual political power has passed through at least four systems since the Meiji restoration: the Taishō democracy, the militarists, the Occupation of Japan, and postwar democracy. The emperor in the modern era is a political figurehead and not a ruling sovereign.

 

Monday, February 8, 2021

No taxation without representation

"No taxation without representation" is a political slogan that originated in the American Revolution, and which expressed one of the primary grievances of the American colonists against Great Britain. In short, many colonists believed that as they were not represented in the distant British parliament, any taxes it imposed on the colonists (such as the Stamp Act and the Townshend Acts) were unconstitutional, and were a denial of the colonists' rights as Englishmen.

The firm belief that the government should not tax a populace unless that populace is represented in some manner in the government developed in the English Civil War, following the refusal of parliamentarian John Hampden to pay ship money tax. In the context of British taxation of its American colonies, the slogan "No taxation without representation" appeared for the first time in a headline of a February 1768 London Magazine printing of Lord Camden's "Speech on the Declaratory Bill of the Sovereignty of Great Britain over the Colonies," which was given in parliament.

Prior to the American Revolution

The English Parliament had controlled colonial trade and taxed imports and exports since 1660. By the 1760's, the Americans were being deprived of a historic right. The English Bill of Rights 1689 had forbidden the imposition of taxes without the consent of Parliament. Since the colonists had no representation in Parliament, the taxes violated the guaranteed Rights of Englishmen. Parliament initially contended that the colonists had virtual representation, but the idea "found little support on either side of the Atlantic". The person who first suggested the idea of Parliamentary representation for the colonies appears to have been Oldmixon, an American annalist of the era of Queen Anne or George I. It was afterwards put forward with approbation by Adam Smith, and advocated for a time, but afterwards rejected and strongly opposed, by Benjamin Franklin."

The 1768 Petition, Memorial, and Remonstrance, which was written by the Virginia House of Burgesses was likewise sent to Parliament, only to be ignored.

American Revolution

Bronze sculpture of James Otis, Jr stands in front of the Barnstable County Courthouse.

The phrase had been used for more than a generation in Ireland. By 1765, the term was in use in Boston, and local politician James Otis was most famously associated with the phrase, "taxation without representation is tyranny." In the course of the Revolutionary era (1750–1783), many arguments were pursued that sought to resolve the dispute surrounding Parliamentary sovereignty, taxation, self-governance and representation.

Representative proposals before 1776

In the course of the 1760s and 1770s, William Pitt the Elder, Sir William Pulteney, and George Grenville, amongst other prominent Britons and colonial Americans, such as Joseph Galloway, James Otis Jr., Benjamin Franklin, John Adams, the London Quaker Thomas Crowley, Royal Governors such as Thomas Pownall M.P., William Franklin, Sir Francis Bernard, and the Attorney-General of Quebec, Francis Maseres, debated and circulated plans for the creation of colonial seats in London, imperial union with Great Britain, or a federally representative British Parliament with powers of taxation that was to consist of American, West Indian, Irish and British Members of Parliament.  Despite the fact that these ideas were considered and discussed seriously on both sides of the Atlantic, it appears that neither the American Congress, nor the colonial Assemblies, nor the British Government in Westminster, at least prior to the Carlisle Peace Commission of 1778, officially proposed such constitutional developments. Governor Thomas Hutchinson apparently referred to a colonial representational proposal when he wrote that,

The Assembly of Massachusetts Bay ... was the first which ever took exception to the right of Parliament to impose Duties or Taxes on the Colonies, whilst they had no representatives in the House of Commons. This they did in a letter to their Agent in the summer of 1764 ... And in this letter they recommend to him a pamphlet, wrote by one of their members, in which there are proposals for admitting representatives from the Colonies to fit in the House of Commons ... an American representation is thrown out as an expedient which might obviate the objections to Taxes upon the Colonies, yet ... it was renounced ... by the Assembly of the Colony which first proposed it, as utterly impracticable.

Jared Ingersoll Sr., colonial agent for Connecticut, wrote to his American colleague, the Royal Governor of Connecticut Thomas Fitch, that following Isaac Barre's famous Parliamentary speech against the Stamp Act in 1764, Richard Jackson, M.P., supported Barre and other pro-American M.P.s by producing before the House copies of earlier Acts of Parliament that had admitted Durham and Chester seats upon their petitions for representation. The argument was put forward in Parliament that America ought to have representatives on these grounds too. Richard Jackson supposed that Parliament had a right to tax America, but he much doubted the expediency of the Stamp Act. He said if it was necessary, as ministers claimed, to tax the colonies, the latter should be permitted to elect some part of the Parliament, "otherwise the liberties of America, I do not say will be lost, but will be in danger."

The Knox-Burke debates

William Knox, an aide of George Grenville, pamphleteer and subsequent Irish Under-Secretary of State for the Colonies, received an appointment in 1756 to the American provinces, and after his return to London in 1761, he recommended the creation of a colonial aristocracy and colonial representation in the British Parliament. He was shortly afterwards appointed agent for Georgia and East Florida, a post which he forfeited by writing in favour of the Stamp Act. In his Grenville-backed pamphlet of 1769, The Controversy between Great Britain and her Colonies Reviewed, Knox suggested that colonial representatives might have been offered seats in the British Parliament if they had sought such representation. Knox submitted that:

Whilst [the radical colonists] exclaim against Parliament for taxing them when they are not represented, they candidly declare they will not have representatives [in Parliament] lest they should be taxed ... The truth ... is that they are determined to get rid of the jurisdiction of Parliament ... and they therefore refuse to send members to that assembly lest they should preclude themselves of [the] plea [that Parliament's] legislative acts ... are done without their consent; which, it must be confessed, holds equally good against all laws, as against taxes ... The colony advocates ... tell us, that by refusing to accept our offer of representatives they ... mean to avoid giving Parliament a pretence for taxing them.

Edmund Burke responded to Knox, who had drawn up The Controversy between Great Britain and her Colonies Reviewed as well as The Present State of the Nation under the supervision of George Grenville, by opining in his political tract Observations on a Late State of the Nation:

NOW comes [Knox's] American representation ... Is not the reader a little astonished at the proposal of an American representation from that quarter [of Grenville's]? It is proposed merely as a project of speculative improvement; not from the necessity in the case, not to add any thing to the authority of parliament: but that we may afford a greater attention to the concerns of the Americans, and give them a better opportunity of stating their grievances, and of obtaining redress. I am glad to find the author has at length discovered that we have not given a sufficient attention to their concerns, or a proper redress to their grievances. His great friend [Grenville] would once have been exceedingly displeased with any person, who should tell him, that he did not attend sufficiently to those concerns. He thought he did so, when he regulated the colonies over and over again: he thought he did so, when he formed two general systems of revenue; one of port-duties, and the other of internal taxation. These systems supposed, or ought to suppose, the greatest attention to, and the most detailed information of, all their affairs. However, by contending for the American representation, he seems at last driven virtually to admit, that great caution ought to be used in the exercise of all our legislative rights over an object so remote from our eye, and so little connected with our immediate feelings; that in prudence we ought not to be quite so ready with our taxes, until we can secure the desired representation in parliament. Perhaps it may be some time before this hopeful scheme can be brought to perfect maturity; although the author seems to be no wise aware of any obstructions that lie in the way of it.

While Knox, Grenville and Burke were not necessarily opposed in principle to direct colonial representation in Parliament, Grenville nonetheless conjectured that Parliament retained a constitutional right to virtually represent the colonial subjects.

On the American Taxation

Burke supported the doctrine of virtual representation in Britain. Yet in his Parliamentary speech of 1774, entitled On American Taxation, Burke responded to the suggestion that America was virtually represented in Parliament by remarking:

What! does the electric force of virtual representation more easily pass over the Atlantic than pervade Wales, which lies in your neighborhood? or than Chester and Durham, surrounded by abundance of representation that is actual and palpable? But, Sir, your ancestors thought this sort of virtual representation, however ample, to be totally insufficient for the freedom of the inhabitants of territories that are so near, and comparatively so inconsiderable. How, then, can I think it sufficient for those which are infinitely greater, and infinitely more remote? You will now, Sir, perhaps imagine that I am on the point of proposing to you a scheme for a representation of the colonies in Parliament. Perhaps I might be inclined to entertain some such thought; but a great flood stops me in my course. Opposuit Natura. I cannot remove the eternal barriers of the creation. The thing, in that mode, I do not know to be possible. As I meddle with no theory, I do not absolutely assert the impracticability of such a representation; but I do not see my way to it; and those who have been more confident have not been more successful ... My resolutions, therefore, mean to establish the equity and justice of a taxation of America by grant, and not by imposition; to mark the legal competency of the colony assemblies for the support of their government in peace, and for public aids in time of war; to acknowledge that this legal competency has had a dutiful and beneficial exercise, and that experience has shown the benefit of their grants, and the futility of Parliamentary taxation, as a method of supply.

However, Burke apparently qualified such remarks concerning America by stating in the same speech that:

The Parliament of Great Britain ... is never to intrude into the place of the [provincial legislatures], whilst they are equal to the common ends of their institution. But in order to enable [Parliamentary] ... superintendence, her powers must be boundless. The gentlemen who think the powers of Parliament limited may please themselves to talk of requisitions. But suppose the requisitions are not obeyed? What! shall there be no reserved power in the empire, to supply a deficiency which may weaken, divide, and dissipate the whole? We are engaged in war,—the Secretary of State calls upon the colonies to contribute,—some would do it, I think most would cheerfully furnish whatever is demanded,—one or two, suppose, hang back, and, easing themselves, let the stress of the draft lie on the others,—surely it is proper that some authority might legally say, 'Tax yourselves for the common Supply, or Parliament will do it for you.' This backwardness was, as I am told, actually the case of Pennsylvania for some short time towards the beginning of the last war, owing to some internal dissensions in that colony. But whether the fact were so or otherwise, the case is equally to be provided for by a competent sovereign power. But then this ought to be no ordinary power, nor ever used in the first instance. This is what I meant, when I have said, at various times, that I consider the power of taxing in Parliament as an instrument of empire, and not as a means of supply.

William Pitt the Elder

The views of Knox, Grenville and Burke did not go unchallenged: William Pitt was amongst those who disputed that a Parliamentary right or power existed to levy "internal" taxes "for the purposes of raising a revenue" without the consent of actual representatives of the "Commons of America". "It is my opinion," Pitt said, "that this kingdom has no right to lay a tax upon the colonies."

Colonial spokespersons

In 1764, the Massachusetts politician James Otis, Jr., said that:

When the parliament shall think fit to allow the colonists a representation in the house of commons, the equity of their taxing the colonies, will be as clear as their power is at present of doing it without, if they please ... But if it was thought hard that charter privileges should be taken away by act of parliament, is it not much harder to be in part, or in whole, disfranchised of rights, that have been always thought inherent to a British subject, namely, to be free from all taxes, but what he consents to in person, or by his representative? This right, if it could be traced no higher than Magna Charta, is part of the common law, part of a British subjects birthright, and as inherent and perpetual, as the duty of allegiance; both which have been brought to these colonies, and have been hitherto held sacred and inviolable, and I hope and trust ever will. It is humbly conceived, that the British colonists (except only the conquered, if any) are, by Magna Charta, as well entitled to have a voice in their taxes, as the subjects within the realm. Are we not as really deprived of that right, by the parliament assessing us before we are represented in the house of commons, as if the King should do it by his prerogative? Can it be said with any colour of truth or justice, that we are represented in parliament?

— James Otis, Rights of British Colonies Asserted

Otis, Jr., attended the Stamp Act Congress of 1765 along with other colonial delegates. The resolutions of the Congress stated that the Stamp Act had "a manifest tendency to subvert the rights and liberties of the colonists" and that "the only Representatives of the People of these Colonies, are Persons chosen therein by themselves, and that no Taxes ever have been, or can be Constitutionally imposed on them, but by their respective Legislature." Furthermore, it was declared that, "it is unreasonable and inconsistent with the Principles and Spirit of the British Constitution, for the People of Great-Britain, to grant to his Majesty the Property of the Colonists."

Daniel Dulany, Jr., of Maryland, wrote in an influential 1765 pamphlet that, "the Impropriety of a Taxation by the British Parliament ... [is proven by] the Fact, that not one inhabitant in any Colony is, or can be actually or virtually represented by the British House of Commons." Dulany, Jr., denied that Parliament had a right "to impose an internal Tax upon the Colonies, without their consent for the single Purpose of Revenue."

In 1766, Benjamin Franklin told the House of Commons that, "an internal tax is forced from the people without their consent if not laid by their own representatives. The Stamp Act says we shall have no commerce, make no exchange of property with each other, neither purchase nor grant, nor recover debts; we shall neither marry nor make our wills, unless we pay such and such sums; and thus it is intended to extort our money from us or ruin us by the consequence of refusing to pay it."

Republicanism

To those sympathetic to republicanism, such as James Burgh, Catherine Macauley, and Richard Price, any tax revenue measures that were voted into effect without the direct representation of Americans were "unconstitutional" and "pernicious". Burgh felt that virtual representation was "subversive of liberty" and "unjust in its principles" and that the House of Commons must include colonial representatives when it voted on colonial matters, or operate by using the consent of the colonial Assemblies.

Heightening of tensions

American colonists rejected the Stamp Act of 1765 brought in by British Prime Minister George Grenville, and initiated boycotts of British goods which helped bring about the repeal of the Act in 1766. The passage of the Townshend Acts in 1767 and 1768 again led to colonial protests, including a renewed boycott movement against British wares. Most of the taxes in the Townshend Acts were repealed in 1770 by the Ministry of Lord North. The passage of the Tea Act in May 1773, which enforced the remaining taxes on tea, led to the Boston Tea Party on December 16, 1773. The Parliament considered this an illegal act because they believed it undermined the authority of the Crown-in-Parliament. When the British then used the military to enforce laws that the colonists believed Parliament had passed illegally, the colonists responded by forming militias and seized political control of each colony, ousting the royal governors – with the exception of the American-born Royal Governor of Connecticut, John Trumbull, who was allowed to remain as the new Patriot Governor.

The complaint was never officially over the amount of taxation (the taxes were quite low, though ubiquitous), but always on the political decision-making process by which taxes were decided in London, i.e. without representation for the colonists in British Parliament.

Patrick Henry's resolution in the Virginia legislature implied that Americans possessed all the rights of Englishmen, that the principle of no taxation without representation was an essential part of the British Constitution, and that Virginia alone had the right to tax Virginians.

Efforts at Conciliation

This offer of actual imperial representation was likewise re-stated to the delegates of the colonies via the colonial agents in 1774, according to Connecticut-born Reverend Thomas Bradbury Chandler, in his publication A Friendly Address to All Reasonable Americans. In February 1775, Britain passed the Conciliatory Resolution which ended taxation for any colony which satisfactorily provided for the imperial defence and the upkeep of imperial officers.

Representative proposals after 1776

James Macpherson, a colonial secretary of British West Florida, defended the North administration in an officially sponsored polemic in 1776 named The Rights of Great Britain Asserted. This work replied to the Continental Congress' July 6, 1775 Declaration of the Causes and Necessity of Taking Up Arms by proposing that,

Had the Americans, instead of flying to arms, submitted the same supposed grievance [as the taxed though unrepresented Palatine counties in England had], in a peaceable and dutiful manner, to the Legislature, I can perceive no reason why their request should be refused. Had they, like the County and City of Chester, represented, that "for lack of Knights and Burgesses to represent them in the High Court of Parliament, they had been oftentimes TOUCHED and GRIEVED with Acts and Statutes made within the said Court, derogatory to their most ancient jurisdictions, liberties and privileges, and prejudicial to their quietness, rest and peace;" this Country [of Britain] would, I am persuaded, have no objection to their being represented in her Parliament ... If they are not madly bent on independence, let them propose the conditions on which they wish to continue as subjects ... The Legislature of this Kingdom cannot possibly depart from any part of its supremacy over the Colonies; but it is in the power of the Colonies to share in that supremacy. If they complain of being taxed without having the privilege of sending Members to Parliament, let them be represented. Nay, more: Let their representation increase in proportion to the Revenue they shall furnish. If they wish rather to vote their QUOTA towards the general supply, through their own General Courts and Assemblies, the resolution of Parliament on that subject is still open to their choice. But, as long as they assume the language of a Sovereign State, this Kingdom can enter into no negociation [sic], can meet no compromise."

The noted economist Adam Smith seconded this view in his famous 1776 publication Wealth of Nations when he recommended the Americans "to send fifty or sixty new representatives to Parliament" on the basis of the amount of taxes they would contribute to the Imperial coffers. Writing in October 1776 to Lord North in Strictures upon the Declaration of the Congress of the recent Declaration of Independence, and particularly of James Otis, Jr.'s pamphlet Rights of the British Colonies and its endorsement by the Massachusetts Assembly, Governor Thomas Hutchinson said,

The Assembly of Massachusetts Bay, therefore, was the first that took any publick of the [Sugar] Act, and the first which ever took exception to the right of Parliament to impose Duties or Taxes on the Colonies, whilst they had no representatives in the House of Commons. This they did in a letter to their Agent in the summer of 1764, which they took care to print and publish before it was possible for him to receive it. And in this letter they recommend to him a pamphlet, wrote by one of their members, in which there are proposals for admitting representatives from the Colonies to fit in the House of Commons. I have this special reason, my Lord, for taking notice of this Act of the Massachusetts Assembly; that though an American representation is thrown out as an expedient which might obviate the objections to Taxes upon the Colonies, yet it was only intended to amuse the authority in England; and as soon as it was known to have its advocates here [in London], it was renounced by the colonies, and even by the Assembly of the Colony which first proposed it, as utterly impracticable."

Indeed, the resolves of the Continental Congresses of both 1765 and 1774 declared that imperial representation was too impractical on the footing that "local and other circumstances, cannot properly be represented in the British parliament". The British Government, similarly, does not appear to have formally requested discussions with the Americans concerning the issue of Parliamentary seats until 1778. In that year "the commissioners of the king of Great Britain," known as the Carlisle Peace Commission of 1778, made an offer to the Congress of "a reciprocal deputation of an agent or agents from the different states, who shall have the privilege of a seat and voice in the parliament of Great Britain".

Virtual representation

In Britain, representation was highly limited due to unequally distributed voting constituencies and property requirements; only 3% of the population could vote and they were often controlled by local gentry. This meant that spurious arguments had come to be employed in Britain to try to explain away and cover up the iniquities in its political life. Therefore the British government tried to argue that the colonists had virtual representation in their interests. In the winter of 1764–65, George Grenville, and his secretary Thomas Whately, invented the doctrine of 'virtual representation' in an attempt extend the scope of such unjust arguments to America, and thereby attempt to legitimize the pernicious policies of the Stamp Act.

In English history, "no taxation without representation" was an old principle and meant that Parliament had to pass all taxes. At first, the "representation" was held to be one of land, but, by 1700, this had shifted to the notion that, in Parliament, all British subjects had a "virtual representation." "We virtually and implicitly allow the institutions of any government of which we enjoy the benefit and solicit the protection," declared Samuel Johnson in his political pamphlet Taxation No Tyranny. He rejected the plea that the colonists, who had no vote, were unrepresented. "They are represented," he said, "by the same virtual representation as the greater part of England." However, the tradition of greater democracy amongst Americans gave impetus to the well-founded charge, voiced by Britons and colonists alike, that virtual representation was "sophistry" and "a mere Cob-web, spread to catch the unwary, and intangle [sic] the weak." The colonial insistence on direct representation as opposed to virtual representation has thus been seen by later commentators to have "usher[ed] in a profound political and social revolution, which rooted out most of the remaining traces of monarchic rule and feudalism inherited from the only partially complete English bourgeois revolution. The Americans carried through the bourgeois democratic revolution on a scale never before seen in history."

Colonial reactions

Virtual representation was wholly rejected in the colonies also who said the "virtual" was a cover for political corruption and was irreconcilable with their belief that government derives its just powers from the consent of the governed. In 1765, the American lawyer and politician James Otis, Jr., responded to Soame Jenyns' The Objections to the Taxation of Our American Colonies, by the Legislature of Great Britain, Briefly Considered. Otis' own publication was entitled Considerations on Behalf of the Colonists, in a Letter to a Noble Lord. He wrote in it, "To what purpose is it to ring everlasting changes to the colonists on the cases of Manchester, Birmingham and Sheffield, who return no members? If those now so considerable places are not represented, they ought to be." Writing in his 1763 publication The Rights of the British Colonies Asserted and Proved, Otis declared that,

Every British subject born on the continent of America, or in any other of the British dominions, is by the law of God and nature, by the common law, and by act of parliament, (exclusive of all charters from the Crown) entitled to all the natural, essential, inherent and inseparable rights of our fellow subjects in Great Britain. Among those rights ... which it is humbly conceived no man or body of men, not excepting the parliament, justly, equitably and consistently with their own rights and the constitution, can take away ... [are that the] supreme and subordinate powers of the legislation should be free and sacred in the hands where the community have once rightfully placed them ... [that the] supreme national legislative cannot be altered justly 'till the commonwealth is dissolved, nor a subordinate legislative taken away without forfeiture or other good cause. Nor then can the subjects in the subordinate government be reduced to a state of slavery, and subject to the despotic rule of others ... Even when the subordinate right of legislature is forfeited, and so declared, this cannot affect the natural persons either of those who were invested with it, or the inhabitants, so far as to deprive them of the rights of subjects and of men — The colonists will have an equitable right notwithstanding any such forfeiture of charter, to be represented in Parliament, or to have some new subordinate legislature among themselves. It would be best if they had both ... [Furthermore, the right of every British subject is that the] supreme power cannot take from any man any part of his property, without his consent in person, or by representation.

Otis simultaneously refuted, in The Rights of the British Colonies Asserted and Proved, a contemporary argument that attempted to rationalise virtual representation on the basis of the colonial agents' alleged influence on British policy. "As to the colonists being represented by the provincial agents," he wrote,

I know of no power ever given them but to appear before his Majesty, and his ministry. Sometimes they have been directed to petition the parliament: But they none of them have, and I hope never will have, a power given them, by the colonists, to act as representatives, and to consent to taxes; and if they should make any concessions to the ministry, especially without order, the provinces could not by that be considered as represented in parliament.

Colonists said no man was represented if he were not allowed to vote. Moreover, even "If every inhabitant of America had the requisite freehold," said Daniel Dulany, "not one could vote, but upon the supposition of his ceasing to become an inhabitant of America, and becoming a resident of Great Britain." The colonists and like-minded Britons insisted that representation was achieved only through an assembly of men actually elected by the persons they were intended to represent.

The argument between the colonies and Parliament sought to resolve how the British 'commoners' of the various part of the Empire were represented most constitutionally – as Daniel Dulany, an American Loyalist and lawyer, put it "[the] constitutional authority [of Parliament's rights to bind American subjects] depends upon the single question, Whether the Commons of Great-Britain are virtually the representatives of the Commons of America, or not.

Pitt and Camden

The theory of virtual representation was attacked in Britain by Charles Pratt, 1st Earl Camden, and his ally William Pitt, 1st Earl of Chatham. William Pitt argued in 1766 that the Commons of Britain ought not to tax the '"Commons of America" without gaining consent of their representatives in stating, "even under former arbitrary reigns, Parliaments were ashamed of taxing a people without their consent, and allowed them representatives. Why did [Grenville] confine himself to Chester and Durham? He might have taken a higher example in Wales—Wales, that never was taxed by Parliament till it was incorporated." He then said,

I am no courtier of America. I stand up for this kingdom. I maintain that the Parliament has a right to bind, to restrain America. Our legislative power over the colonies is sovereign and supreme. When it ceases to be sovereign and supreme, I would advise every gentleman to sell his lands, if he can, and embark for that country. When two countries are connected together like England and her colonies, without being incorporated, the one must necessarily govern. The greater must rule the less. But she must so rule it as not to contradict the fundamental principles that are common to both ... let the sovereign authority of this country over the colonies be asserted in as strong terms as can be devised, and be made to extend to every point of legislation whatsoever; that we may bind their trade, confine their manufactures, and exercise every power whatsoever, except that of taking their money out of their pockets without their consent."

In his first speeches in Parliament, Lord Camden vigorously attacked the declaratory act which was proposed to mollify the crown on the repeal of the Stamp Tax. After his first affirmation of "no taxation without representation" Camden was attacked by British PM Grenville, Chief Justice James Mansfield, Robert Henley, 1st Earl of Northington, and others. He responded:

[T]he British Parliament have no right to tax the Americans. I shall not consider the Declaratory Bill now lying on your table; for to what purpose, but loss of time, to consider the particulars of a Bill, the very existence of which is illegal, absolutely illegal, contrary to the fundamental laws of nature, contrary to the fundamental laws of this constitution? A constitution grounded on the eternal and immutable laws of nature; a constitution whose foundation and centre is liberty, which sends liberty to every individual who may happen to be within any part of its ample circumference. Nor, my Lords, is the doctrine new, it is as old as the constitution; it grew up with it; indeed it is its support; taxation and representation are inseparably united; God hath joined them, no British parliament can separate them; to endeavour to do it, is to stab our very vitals. ... My position is this—I repeat it—I will maintain it to my last hour,—taxation and representation are inseparable; this position is founded on the laws of nature; it is more, it is itself an eternal law of nature; for whatever is a man's own, is absolutely his own; no man has a right to take it from him without his consent, either expressed by himself or representative; whoever attempts to do it, attempts an injury; whoever does it, commits a robbery; he throws down and destroys the distinction between liberty and slavery. Taxation and representation are coeval with and essential to the constitution. ... [T]here is not a blade of grass growing in the most obscure corner of this kingdom, which is not, which was not ever, represented since the constitution began; there is not a blade of grass, which when taxed, was not taxed by the consent of the proprietor. ... I can never give my assent to any bill for taxing the American colonies, while they remain unrepresented; for as to the distinction of a virtual representation, it is so absurd as not to deserve an answer; I therefore pass it over with contempt. The forefathers of the Americans did not leave their native country, and subject themselves to every danger and distress, to be reduced to a state of slavery: they did not give up their rights; they looked for protection, and not for chains, from their mother country; by her they expected to be defended in the possession of their property, and not to be deprived of it: for, should the present power continue, there is nothing which they can call their own; or, to use the words of Mr. Locke, 'What property have they in that, which another may, by right, take, when he pleases, to himself?'"

In an appearance before Parliament in January 1766, former Prime Minister William Pitt stated:

The idea of a virtual representation of America in this House is the most contemptible that ever entered into the head of a man. It does not deserve a serious refutation. The Commons of America, represented in their several assemblies, have ever been in possession of the exercise of this their constitutional right, of giving and granting their own money. They would have been slaves if they had not enjoyed it.

Grenville responded to Pitt, saying the disturbances in America "border on open rebellion; and if the doctrine I have heard this day be confirmed, nothing can tend more directly to produce a revolution." External and internal taxes are the same, argued Grenville.

Modern use in the United States

Shimer College student holds "No tuition without representation" sign during protest over school governance in 2010.

In the 1860s, suffragette Sarah E. Wall of Worcester, Massachusetts invoked the principle of "no taxation without representation", initiating an anti-tax protest in which she encouraged women not to pay taxes until they were granted the right to vote. Soon after she began this movement, the Worcester city tax collector sued Wall for refusing to pay taxes, and the case reached the Massachusetts Supreme Court in 1863. In "Wheeler v. Wall," the court ruled against Wall and held that despite not having the right to vote, women are still obligated to meet their tax burden. Even still, Wall refused to cooperate with the collector, and as a result, officers seized and sold her property in order to raise the money necessary to meet her tax obligation. After several years, Wall's inexorability eventually prevailed, as the collector began to ignore Wall and allow her to abstain from paying taxes. In 1884, Susan B. Anthony cited Wall's audacity and willingness to stand up for women's suffrage, stating, "for the last twenty-five years, [she] has resisted the tax gatherer when he came around. I want you to look at her. She looks very harmless, but she will not pay a dollar of tax. She says when the Commonwealth of Massachusetts will give her the right of representation she will pay her taxes."

The phrase is also used by other groups in America who pay various types of taxes (sales, income, property) but lack the ability to vote, such as felons (who are, in many states, barred from voting), people who work in one state and live in another (thus having to pay income tax to a state they don't live in), or people under 18.

To become citizens of the United States, immigrants most often must be permanent residents for a period of time (usually 5 years). Permanent residents must pay taxes on their worldwide income and, in most cases, cannot vote. However, throughout the 19th century, many states did allow immigrants to vote after they had declared their intention to become citizens. This was primarily because these new states were populated in large part by immigrants who had not yet attained citizenship. Throughout U.S. history, non-citizens have been allowed to vote in 40 U.S. states and territories. As of 2005, non-citizens are allowed to vote in seven jurisdictions in the United States: Chicago and six towns in Montgomery County, Maryland.

In 2009, the phrase "taxation without representation" was also used in the Tea Party protests, where protesters were upset over increased government spending and taxes, and specifically regarding a growing concern amongst the group that the U.S. government is increasingly relying upon a form of taxation without representation through increased regulatory levies and fees which are allegedly passed via unelected government employees who have no direct responsibility to voters and cannot be held accountable by the public through elections.

A modified version of the phrase, "no tuition without representation", is sometimes used in disputes over governance in higher education in the United States to emphasize student's rights to a voice in institutional decisions. The term first emerged in a 1977 dispute at Union County College in New Jersey. It has been used more recently in disputes at Dartmouth College, UC Berkeley School of Law, and elsewhere.

District of Columbia

The standard-issue District of Columbia license plate bears the phrase, "Taxation Without Representation".

In the United States, the phrase is used in the District of Columbia as part of the campaign for a vote in Congress, to publicize the fact that District of Columbia residents pay Federal taxes, but do not have representation in Congress. In November 2000, the D.C. Department of Motor Vehicles began issuing license plates bearing the slogan "Taxation without representation". In a show of support for the city, President Bill Clinton used the "Taxation Without Representation" plates on the presidential limousine; however, President George W. Bush had the tags replaced to those without the motto shortly after taking office. President Barack Obama announced his intention to use the plates with the motto beginning at his second inauguration. President Donald Trump continued usage of the plates with the protest motto after he was elected, though he has stated he has "no position" on the issue of granting D.C. statehood.

In 2002, the Council of the District of Columbia authorized adding the slogan to the D.C. flag, but no new flag design was approved. In 2007, the District of Columbia and United States Territories Quarters program was created based on the successful 50 State Quarters program. DC submitted designs containing the slogan, but they were rejected by the U.S. Mint.

Modern use in the United Kingdom

British Prime Minister John Major used a modified version of the quote, with the order reversed, in October 1995, when at the United Nations's 50th Anniversary celebrations he said, "It is not sustainable for states to enjoy representation without taxation," in order to criticize the billion-dollar arrears of the United States' payments to the UN, echoing a statement made the previous month at the opening session of the UN General Assembly by UK Foreign Secretary Malcolm Rifkind.

Modern use in Canada

In Canada, Québec politician Gilles Duceppe, former leader of the Bloc Québécois, has repeatedly cited this phrase in defending the presence of his party in Ottawa. The Bloc is a Québec sovereigntist party solely running candidates in Canadian Federal elections in the province of Québec. Duceppe's evocation of the phrase implies that the proponents of Quebec's sovereigntist movement have the right to be represented in the body (which they are), the Canadian Parliament, which levies taxes upon them. He will usually cite the sentence in its original English.

Use in Australia

The first government of South Australia was by a legislative council, whose members were chosen by the Crown and from which office-bearers "Official Members" were selected by the Governor. John Stephens and his South Australian Register were among those who campaigned for democratic reform. Partial reform took place in 1851, when a majority of Members of the South Australian Legislative Council, 1851–1855 were elected.

 

Neurophilosophy

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