Professional Documents
Culture Documents
Introduction
Distrust of Institutions in Early Modern Britain and America. Brian P. Levack, Oxford University Press.
© Brian P. Levack 2022. DOI: 10.1093/oso/9780192847409.003.0001
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twenty-first centuries. As the title of the book indicates, it deals mainly with distrust
in institutions rather than persons.
One reason for the failure of most of the academic literature on trust to study
its historical dimension is the assumption that because trust exists in all societies,
there is little reason to explore the different historical contexts in which it has
¹ For the extensive contemporary literature on trusting strangers, see Karen S. Cook, Margaret
Levi, and Russell Hardin, eds., Whom Can We Trust? How Groups, Networks, and Institutions Make
Trust Possible (New York, 2009), Introduction. On the positive aspects of trusting strangers see Ute
Frevert, The Moral Economy of Trust: Modern Trajectories (London, 2014); James Vernon, Distant
Strangers: How Britain Became Modern (Berkeley, 2014);Penelope Gwynn Ismay, Trust among
Strangers: Friendly Societies in Modern Britain (Cambridge, 2018); Paul Seabright, The Company of
Strangers: A Natural History of Economic Life, 2nd ed. (Princeton, 2010); Eric M. Uslaner, The Moral
Foundations of Trust (Cambridge, 2002).
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VII and Henry VIII helped to restore trust in the legal process, but distrust arose
once again during the personal rule of Charles I and among law reformers in the
1640s and 1650s, who demanded, among other things, the decentralization of
the law courts at Westminster, the abolition of the Court of Chancery, and the
right of juries to acquit defendants in criminal trials on the grounds that the law
1
Trust, Distrust, and History
¹ Noteworthy exceptions are Geoffrey Hosking, Trust: A History (Oxford, 2014); Ute Frevert, The
Moral Economy of Trust: Modern Trajectories (London, 2014); Craig Muldrew, The Economy of
Obligation: The Culture of Credit and Social Relations in Early Modern England (New York, 1998);
László Kontler and Mark Somos, eds., Trust and Happiness in the History of European Political Thought
(Leiden, 2018); Ian Forrest, Trustworthy Men: How Inequality and Faith Made the Medieval Church
(Princeton, 2018); Christian Morgner, “Trust and Confidence: History, Theory, and Socio-Political
Implications,” Human Studies, 36 (2013), pp. 509–13.
² See for example, Anthony Giddens, The Consequences of Modernity (Cambridge, 1990), pp. 101–6.
Distrust of Institutions in Early Modern Britain and America. Brian P. Levack, Oxford University Press.
© Brian P. Levack 2022. DOI: 10.1093/oso/9780192847409.003.0002
OUP CORRECTED AUTOPAGE PROOFS – FINAL, 11/12/21, SPi
Theories of Trust
The word “trust” eludes precise definition, and the modern academic literature
presents a wide variety of efforts to capture its essence. Instead of preferring one
definition over another, I use the late medieval and early modern definition in
this book. Its meaning in those years was the placement of faith (fides) or confi-
dence (fiducia) in another person’s character, ability, knowledge, or reliability. That
definition is compatible with most of those offered by social scientists, political
theorists, and philosophers today. It is also sufficiently broad to accommodate
different senses of the word. While fides and fiducia share the same Latin root,
they bear different connotations. Confidence (fiducia) often refers to a person’s
ability or reliability, whereas faith (fides) is more appropriate in referring to that
person’s character or knowledge.³ These different connotations do not, however,
support the distinctions some modern scholars make between trust and confidence
³ In medieval usage fiducia may have also connoted a more active and stable form of trust than
fides. Morgner, “Trust and Confidence,” pp. 511–12.
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or between trust on the one hand and both confidence and faith on the other.⁴
Those distinctions are of semantic interest, but they complicate the task of analyz-
ing the notion of trust both in the past and in the present.
Ever since the invention of printing, writers have recognized that trust, broadly
defined as faith or confidence in another person’s character, ability, knowledge, or
⁴ See for example Niklas Luhmann, “Familiarity, Confidence, Trust: Problems and Alternatives,”
in Trust: Making and Breaking Co-operative Relations, edited by Diego Gambetta (Oxford, 2000),
pp. 97–9; Barbara Misztal, Trust in Modern Societies (London, 1996), p.16; Adam B. Seligman, The
Problem of Trust (Princeton, 1977), pp. 16–22.
⁵ Sir Charles Wolseley, The Unreasonableness of Atheism (London,1675), p. 153.
⁶ John Locke, Essays on the Law of Nature, ed. W. von Leyden (Oxford, 1954), p. 212.
⁷ The Correspondence of John Locke, ed. E.S. de Beer, vol. 1 (Oxford, 1976), p. 123.
⁸ Seligman, The Problem of Trust, p. 13. Erikson claims that trust, which he argues develops in the
early years of a child’s life, is the foundation of all human relationships. Erikson, Childhood and Society
(New York, 1963), p. 249. For more recent discussions of infant trust see Baier, “Trust and Antitrust,”
pp. 241–4 and Marek Kohn, Trust: Self-Interest and the Common Good (Oxford, 2008), pp. 1–6.
⁹ Martin Hollis, Trust within Reason (Princeton, 1998).
¹⁰ Niklas Luhmann, Trust and Power (New York, 1979), pp. 50, 69–70. On the importance of trust in
institutions see also Dóra Gyórffy, Institutional Trust and Economic Policy (Budapest, 2013), pp. 13–14.
¹¹ Georg Simmel, The Philosophy of Money, tr. Tom Bottomore and David Frisby (London, 1978),
pp. 187–9.
¹² John Rawls, “The Sense of Justice,” Philosophical Review,72 (1963), pp. 281–305.
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¹³ Kohn, Trust, p. 2.
¹⁴ On trust as a practice accompanied by feelings whether someone is good or reliable see Ralf-
Peter Fuchs, “Trust as a Concept of Religious Plurality during the Thirty Years’ War,” in Trust and
Happiness in the History of European Political Thought, edited by LászlóKontler and Mark Somos
(Leiden, 2018), p. 305.
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him from whom we expect or hope for good.”¹⁵ The twentieth-century philosopher
Annette Baier agrees that trust and distrust are feelings, although by feelings she
means, as they did for David Hume, “feeling responses to how we take our situation
to be.”¹⁶ The sociologist Piotor Stzompka also emphasizes the emotional dimen-
sion of trust, arguing that it is a bet, and all bets have a significant emotional or
¹⁵ Thomas Hobbes, The Elements of Law, Natural and Politic, ed. J.C.A. Gaskin (Oxford, 1994), p. 53.
In the same paragraph Hobbes equates “distrust” with diffidence or lack of confidence.
¹⁶ Annette Baier, “Trust,” in The Tanner Lectures on Human Values, vol. 13, edited by
Grethe B. Pederson (Salt Lake City, 1992), pp. 111–12. The German historian Ute Frevert also views
trust mainly as an emotion. Frevert, Moral Economy of Trust, pp. 6–14.
¹⁷ Allan Silver, “Trust in Social and Political Theory,” in The Challenge of Social Control, edited by
G. Suttles and M. Zald (Norwood, 1985), p. 56. Baier, “Trust and Antitrust,” p. 245, argues that con-
tracts, like promises, also implicitly include an invitation to trust.
¹⁸ On trust as an attitude see Lars Herzberg, “On the Attitude of Trust,” Inquiry, 31 (1988),
pp. 307–22. For the psychological state see Denise M. Rousseau et al., “Not So Different after All: A
Cross-Discipline View of Trust,” Academy of Management Review,25 (1998), p. 395. Defining trust as a
psychological state, while not as strong as Hobbes’s “passion,” supports the definition of trust as an
emotion, while expectations based on the trustworthiness of others indicate its rational component.
¹⁹ Karen Jones, “Trust as an Affective Attitude,” Ethics, 197 (1996), pp. 5–6.
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²⁰ Misztal, Trust in Modern Societies. See also J.D. Lewis and A. Weigert, “Trust as a Social Reality,”
Social Forces, 63 (1985), pp. 967–85. Lewis and Weigert add an instrumental or behavioral component
to trust.
²¹ Martin Hollis, Trust within Reason, ch. 1.
²² See Robert Sugden, “The Bond of Society: Reason or Sentiment?,” Critical Review of International
Social and Political Philosophy, 4 (2001), pp. 149–70.
²³ Luhmann, Trust and Power, p. 24.
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Trust in God
One form of trust that straddles the boundary between reason and emotion is trust
in God. Affirmations of such trust became common in England after the Bible,
which is central to Protestantism, was translated into English in the sixteenth
century. As the Oxford divine William Chillingworth wrote in 1638, “The Bible,
the Bible only I say, is the religion of Protestants.”²⁶ The Bible provided literate
English people (and those to whom they read aloud) with many texts, especially
in the Old Testament, which urged trust in God. Proverbs 16:20, for example,
assured the biblical reader that “Whoso trusteth in the Lord, happy is he,” while
Psalm 118:8 admonished the reader that “It is better to trust in the Lord than to
put confidence in man.”²⁷ Trust in God may be considered personal, but unlike
trust in other people, it is not mutual or reciprocal.
For Protestants, trust in God was also a central aspect of religious experience.
Protestant soteriology, first stated by Martin Luther but adopted with qualifica-
tions by most Protestant denominations, holds that salvation is based on faith
alone. Faith for Luther did not mean adherence to a body of religious doctrine, as
it did in medieval scholasticism. When Luther discussed doctrine, such as the
belief in God’s existence, he used the Latin word credere, to believe.²⁸ In proclaiming
salvation by faith alone, however, Luther and his collaborator Philip Melanchthon
used the German word Glaube, which can be translated as either faith or trust.
The faith that Luther considered necessary for salvation was trust in Christ, who
had died for our sins. In Lutheranism that faith or trust is passive, because
²⁸ See Ethan H. Shagan, The Birth of Modern Belief: Faith and Judgment from the Middle Ages to the
Enlightenment (Princeton, 2018), p. 65. Luther’s Latin text reads “credere deum,” an allusion to the
argument of the scholastic theologian Peter Lombard.
²⁹ Gérard Freyburger claims that fides has both and an active and a passive meaning. See Morgner,
“Trust and Confidence,” p. 512.
³⁰ Increase Mather, Cases of Conscience concerning Evil Spirits Personating Men (Boston, 1693),
p. 32.
³¹ Adam Smith, The Theory of Moral Sentiments, 4th ed. (London, 1774). Smith argued that such
sentiments were “principles by which men naturally judge concerning the conduct and character of
their neighbours and afterwards of themselves” (title page).
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passions. In his view “our nature itself leads us into friendship, trust and mutual
confidence.”³² Edmund Burke, who was strongly influenced by Hutcheson, held
that “ordinary feelings such as trust, though they may have a Christian correlative,
themselves supply sufficient groundwork of moral conduct.”³³
The strongest case for considering trust a moral virtue is to view it as a promise
³² Francis Hutcheson, An Inquiry into the Original of Our Ideas of Beauty and Virtue in Two
Treatises (London, 1725), treatise 2, 4.13. Hutcheson adapted the term “moral sense” from Locke’s
patron, the earl of Shaftesbury, who considered it a sense of what is right or wrong. Hutcheson, how-
ever, rejected Shaftesbury’s metaphysical belief that this moral sense reflected an immutable law
of nature.
³³ David Bromwich, The Intellectual Life of Edmund Burke (Cambridge, MA, 2014), p. 15.
³⁴ See Seligman, The Problem of Trust, pp. 14–15. For a similar view, citing Cicero, see Steven
Shapin, A Social History of Truth (Chicago, 1994), p. 26.
³⁵ Russell Hardin, “Trusting Persons, Trusting Institutions,” in Strategy and Choice, edited by
Richard J. Zeckhauser (Cambridge, MA, 1991), p. 198. For a nuanced view of whether promises are
morally relevant and whether trust has a moral dimension see Annette Baier, “Trust and Antitrust,”
Ethics, 96 (1986), pp. 231–60.
³⁶ Eric M. Uslaner, The Moral Foundations of Trust (Cambridge, 2002). Uslaner does not argue that
trust itself is a virtue.
³⁷ John Rawls, Political Liberalism (New York, 1993), p.163; Lawrence E. Mitchell, “Trust and the
Overlapping Consensus,” Columbia Law Review, 94 (1994), p.1920.
³⁸ J. G. A. Pocock, The Machiavellian Moment: Florentine Political Thought and the Atlantic
Republican Tradition (Princeton, 1975); Gordon Wood, “Classical Republicanism and the American
Revolution,” Chicago-Kent Law Review, 13 (1990), pp. 13–38.
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the political community, does not necessarily have a moral dimension. It can be
based on either ideology or rational self-interest, neither of which necessarily has
a moral component and in many cases does not. Rawls argues that one civic vir-
tue that can also be viewed as moral is tolerance, which is based upon respect for
individuals and other people. This classification suffers from an overly expansive
⁴⁴ John Dunn, “The Concept of ‘Trust’ in the Politics of John Locke,” in Philosophy and History,
edited by Richard Rorty, J. B. Schneerewind, and Quentin Skinner (Cambridge, 1984), p. 287. Russell
Hardin makes the important point that much of the modern academic literature on trust mistakenly
focuses on trust rather than trustworthiness. Hardin, Trust and Trustworthiness (New York, 2002), ch.
2, esp. p. 28.
⁴⁵ Shapin, A Social History of Truth, p. 12. The modern philosopher Lars Herzberg comes close to
endorsing this position by stating that “when I trust someone, he as it were embodies goodness, or
reason for me.” Herzberg, “On the Attitude of Trust,” p. 315. See also Frevert, Moral Economy of
Trust, p. 33.
⁴⁶ Muldrew, The Economy of Obligation, ch. 6. Social status was also the basis for the trustworthi-
ness of the peasant elites in medieval English parishes upon whom bishops relied for information.
Forrest, Trustworthy Men, pp. 24–31.
⁴⁷ Paul Seabright, The Company of Strangers: A Natural History of Economic Life, 2nd ed.
(Princeton, 2010).
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driver to get us to our destination. Of course, we also place trust in the reliability
of the transport vehicle itself, but the reliability of technology falls outside the
definition of interpersonal trust.⁴⁸ “Leave it to the experts” is another rhetorical
way of expressing a similar placement of trust or confidence in other people’s pre-
sumed superior knowledge or competence, as is our placement of trust in doctors
⁴⁸ The claim that the founders of the large Silicon Valley technology companies won “immense
public trust in their emergent technologies” is also a statement of trust in technology rather than the
founders themselves. New York Review of Books, April 5, 2018, p. 33. The question whether we can
trust artificial intelligence also lies outside the purview of this study, which deals only with trust in
people. See Gary Marcus and Ernest Davis, “Build A. I. We Can Trust,” New York Times, Sept. 9, 2019.
⁴⁹ On the complex issue of establishing trust in doctors and medicine see Onora O’Neill, Autonomy
and Trust in Bioethics (Cambridge, 2002).
⁵⁰ See Margaret Levi, “State of Trust,” in Trust and Governance, edited by Valerie Braithwaite and
Margaret Levi (New York, 1998), p. 79. Niklas Luhmann, “Familiarity, Confidence, Trust,” p. 100.
Susan P. Shapiro, “Policing Trust,” in Private Policing, edited by C. D. Shearing and P.C. Stenning
(Newbury Park, 1987) has called risk the essence of trust.
⁵¹ Luhmann, Trust and Power, p. 71.
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Trusting Institutions
Most of the literature on trust, including this book, distinguishes between trust in
persons and trust in institutions. Most writers on the subject also agree that it is
more difficult to establish trust in institutions, especially the large public institu-
tions that are the subject of this book, than among people in local communities.
The main reason for this difficulty is that the officials who staff central institutions
are “strangers” to members of the general population, lacking the familiarity that
is essential to building trust relationships.⁵⁴ There is no possibility that “thick
trust”—the strong personal trust that often develops among people in local com-
munities who have frequent contact with each other—can be established between
the general population and these institutional strangers. The most that can be
achieved is “thin trust,” the type of trust that exists between trading partners who
do not know each other personally. Thin trust is based on the fact that each party
can offer advantages to each other.⁵⁵ Such reciprocity, however, is more difficult to
establish between the public and the officials who staff large institutions. For that
reason trust in institutions is always more tenuous than it is between trading
partners, and it can more easily devolve into distrust. Only in small republics like
Renaissance Florence, where most people had at least some personal knowledge
of their rulers, was the gap between public and private and thus between thick
and thin trust navigable.⁵⁶
⁵² Baier, “Trust,” pp. 107–74. See in particular Baier’s analysis of John Updike’s story Trust Me,
pp. 115–16.
⁵³ John Baron Somers, A Second Collection of Scarce and Valuable Tracts(London, 1750), p. 67;
John Dryden, All for Love, or The World Well Lost (1678), 4.1.543–6.
⁵⁴ On the relationship between familiarity and trust see Luhmann, Trust and Power, ch. 3 and
“Familiarity, Confidence, Trust.”
⁵⁵ On thick and thin trust and reciprocity in trust relationships see Robert D. Putnam, Bowling
Alone (New York 2000), pp. 136–7.
⁵⁶ Edward Muir, “In Some Neighbors We Trust: On the Exclusion of Women from the Public in
Renaissance Italy,” in Florence and Beyond: Culture, Society and Politics in Renaissance Italy, Essays in
Honour of John M. Najemy, edited by David S. Peterson and Daniel E. Bornstein (Toronto, 2008), 280–2.
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⁵⁷ New York Times, Oct. 29, 2019. In the wake of the Wells Fargo scandal involving the creation of
two million sham bank accounts, the new CEO, Timothy Sloan, said that “his immediate and highest
priority is to restore trust in Wells Fargo.” DealBook, Dec. 6, 2016.
⁵⁸ One method for regaining such trust has been the resignation of chief operating executives or
presidents. See for example “U.S.O.C., Trying to Rebuild Trust, Picks New Chief,” New York Times,
July 12, 2018.
⁵⁹ Hosking, Trust: A History, pp. 48–9.
⁶⁰ On virtual public trust see Piotr Sztompka, Trust: A Sociological Theory (Cambridge, 2000), p. 45.
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⁶¹ Hardin, “Trusting Persons, Trusting Institutions,” pp. 185–210; Henry Farrell, “Institutions and
Midlevel Explanations of Trust,” in Whom Can We Trust? How Groups, Networks, and Institutions
Make Trust Possible, edited by Karen S. Cook, Margaret Levi, and Russell Hardin (New York:
2009), p.129.
⁶² Hardin, “Trusting Persons, Trusting Institutions,” p. 199.
⁶³ On the tendency of literature to deal with distrust or the betrayal of trust rather than trust itself,
see Hardin, Trust and Trustworthiness, p. 28.
⁶⁴ William Shakespeare, All’s Well That Ends Well, 1.1.61–2.
⁶⁵ William Shakespeare, King Henry the Fifth, 2.3.53.
⁶⁶ Benjamin Franklin, Poor Richard’s Almanack (1733).
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distrust of Charles II to that of Parliament in the late 1680s. We see it also in the
claim by the Tory propagandist Abel Boyer in 1710 that public credit no longer
depended on personal trust in the prime minister but on “opinion or confidence”
in a depersonalized government, “founded on its ability, honesty and punctuality.”⁶⁷
And we see it in the extension of the palpable personal distrust of Archbishop
There is no reason to believe that trust was less important in ancient and medie-
val Europe than in the period with which this book is concerned. In a household
economy serving predominantly local markets, such as prevailed in England until
the seventeenth century, trust was essential to lending, borrowing, and realizing
profits. A merchant, tradesman, or producer had to cultivate a reputation for
⁶⁷ Abel Boyer, An Essay towards the History of the Last Ministry and Parliament (London,
1710);Carl Wennerlind, Casualties of Credit: The English Financial Revolution, 1620–1720 (Cambridge,
MA, 2011), pp. 179–80.
⁶⁸ Charles Tilly, Trust and Rule (Cambridge, 2005).
⁶⁹ Organizations or groups operating in the interest of society but outside the government, known
collectively as civil society, can also be trust networks.
⁷⁰ Richard Ashcraft, Revolutionary Politics and Locke’s Two Treatises of Government (Cambridge,
1986).
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honesty and reliability in order to secure the trust of his clients or lenders, while the
trustworthiness of neighbors to adhere to the terms of their contracts, which were
mostly verbal, was essential to local economic transactions. Commercial transac-
tions at the local level therefore depended on mutual trust between producers and
consumers and between lenders and borrowers. In this context it is reasonable to
⁷¹ Muldrew, Economy of Obligation, pp. 148–9. On the limits of good reputations and the trust
upon which they were based, see Emily Kadenz, “Pre-Modern Credit Networks and the Limits of
Reputation,” Iowa Law Review, 100 (2015), pp. 2429–55.
⁷² Forrest, Trustworthy Men.
⁷³ Susan Reynolds, “Trust in Medieval Society and Politics,” in Reynolds, The Middle Ages without
Feudalism: Essays in Criticism and Comparison in the Medieval West (Farnham, 2012), ch. 13, p. 4.
Reynolds’s claim that “trust and distrust went far beyond merely local and personal relationships”
requires significant qualification.
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could one begin to refer to the “public trust,” as John Locke did and as we still do
today. Third, in the Middle Ages most of the political institutions with which the
political nation was familiar were local and did not extend beyond the county.
Moreover, the officials who staffed local and county institutions were personally
known to parish ruling elites. To be sure, local and county officeholders occasion-
⁷⁴ Edward Peters, The Shadow King: Rex Inutilis in Medieval Law and Literature (New Haven, 1970).
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clergy as a whole. Even the late fourteenth- and fifteenth-century heresy of Lollardy,
which called for a variety of doctrinal and liturgical reforms, did not foster wide-
spread distrust of the clergy. Lollards objected to clerical celibacy, confession to a
priest, and the ordination of priests in ceremonies that lacked scriptural authority,
but the only proposal in their Twelve Conclusions of 1395 that reflected distrust
⁷⁵ Sir John Fortescue, De laudibus legum Angliae (London, 1543). Fortescue was the former chief
justice of the Court of King’s Bench and chancellor during the reign of Edward IV and had spent time
as a diplomat in France.
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There also were very few commercial institutions in medieval England. Guilds,
which were associations of merchants and artisans that regulated economic pro-
duction and trade in cities and towns, cannot be considered national or central
institutions. The only such association that acquired national institutional status
was the Company of Merchant Adventurers of London, which received a charter
Politics
(which resulted in their loss of prestige and pitted old noblemen against those
more recently elevated), and the destruction of his political rivals made him
increasingly vulnerable to political attacks, which intensified after the accession
of Charles. Central to that loss of trust was Buckingham’s role in the war against
Spain, which began in 1625. Buckingham had been the main architect of that war,
⁷⁶ Roger Lockyer, Buckingham: The Life and Political Career of George Villiers, First Duke of
Buckingham, 1592–1628 (London, 1981), p. 309.
⁷⁷ John Rushworth, Historical Collections of Private Passages of State (London, 1721), vol. 1,
pp. 302–58.
⁷⁸ Michael B. Young, “Charles I and the Erosion of Trust, 1625–1628,” Albion, 22 (1990), pp. 217–35.
⁷⁹ Kevin Sharpe, The Personal Rule of Charles I (New Haven, 1992), p. 192.
⁸⁰ On Charles’s difficulty being trusted, see J.P. Kenyon, The Stuarts: A Study in English Kingship
(London, 1966), p. 83.
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⁸¹ Robert Brenner, Merchants and Revolutionaries: Commercial Change, Political Conflict, and
London’s Overseas Traders, 1550–1653 (Princeton, 1993), p. 363.
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this charge against King Charles. It also found expression in the demands of the
radicals in the City of London who came to power in 1649 that places of “public
trust,” especially in the militia and navy, be purged of “unreliable” elements and
replaced with trustworthy men like themselves.⁸⁴
The conviction and execution of Charles led shortly to the destruction of the
Religion
Law
Nottingham, and no national bank until the establishment of the Bank of England
in 1694. Without the option of borrowing from foreign sources, as Edward III
had done in the fourteenth century, English monarchs had to pressure their own
subjects to lend the Crown money when the government had exhausted its
income from other sources. The problem with this strategy was that such loans
chartered trading company, while all the London merchants who signed it were
interlopers in the colonial or European trade.⁸⁶ Just as with the growing distrust
of the English Church and the legal system, distrust of chartered companies
engaged in foreign trade translated into distrust of the of government in the revo-
lutionary decades of the early seventeenth century.
royal finance, by which the Crown borrowed money and granted charters to trading
companies in exchange for financial support. In the aftermath of the Glorious
Revolution, Parliament created new financial institutions, most notably the Bank
of England, and experimented with new schemes to reduce the national debt.
These new institutions and debt reduction schemes, coupled with the corrupt
2
John Locke and Trust in Government
Distrust of Institutions in Early Modern Britain and America. Brian P. Levack, Oxford University Press.
© Brian P. Levack 2022. DOI: 10.1093/oso/9780192847409.003.0003
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There were four major elements of Charles II’s absolutism. The first was the king’s
exercise of the so-called suspending power, by which he refused to enforce parlia-
mentary statutes by virtue of his prerogative. Charles invoked this power in the
¹ John Locke, Second Treatise of Government, in John Locke, Two Treatises of Government, ed. Peter
Laslett, 2nd ed. (Cambridge, 1967), para. 217.
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exclude James, the duke of York, Charles’s younger brother, from the succession to
the throne on the grounds that he was a Catholic. In order to prevent the Whigs
from passing an exclusion bill, Charles prorogued (i.e., suspended) the Second
Exclusion Parliament, which had returned a majority of Whigs. The prorogation
lasted almost a year, during which time Whigs (who acquired their name during
The essence of Locke’s theory of fiduciary government is that if either the execu-
tive or the legislature betrayed the trust that the people had placed in them when
they established the government, the people could resist the regime and set up a
new government. Although Charles II was the person who had most clearly vio-
lated the trust placed in him, Locke also identified the legislature as a potential
source of distrust. Thus, from the very outset, Locke bridged the gap between
personal and institutional distrust. Toward the end of the Second Treatise, he also
raised the possibility that the people could even change the system of government
(possibly to a republic, although Locke never specified that) if they felt it was nec-
essary. In this way Locke articulated a theory of institutional and even systemic as
well as personal political distrust.
Locke’s theory of political trust is the most comprehensive treatment of the
subject in modern political philosophy. His articulation of it comes fairly late in
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the Second Treatise, after his discussion of the state of nature and the state of war,
the formation of civil society, and his theory of property. Only in the final chapter,
in which he discusses the dissolution of the government, does he establish the
centrality of trust to his entire argument. He does anticipate that argument in
discussing the subordination of powers, but those earlier brief references to trust
² Locke, Second Treatise, para. 218. ³ Locke, Second Treatise, para. 220.
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three groups to invite William of Orange, the military leader of the Dutch
Republic and James’s nephew and son-in-law, to bring a large military force to
England to defend the country’s traditional form of government and its Protestant
religion. The banner on his flagship bore the slogan “For the restoration of the
constitution and the true religion in England, Scotland, and Ireland.”Faced with
⁴ Locke, Second Treatise, para. 219. ⁵ Locke, Second Treatise, para. 221.
OUP CORRECTED AUTOPAGE PROOFS – FINAL, 11/12/21, SPi
had in the state of nature, he used this theory to justify rebellion: “Whenever the
legislators endeavour to take away and destroy the property of the people, or to
reduce them to slavery under arbitrary power, they put themselves into a state of
war with the people, who are thereupon absolved from any farther obedience,
and are left to the common refuge, which God hath provided for all men against
Because the issue of trust is central to Locke’s political philosophy, the question
arises what he meant by the term. In particular, it is worth asking whether there
was an emotional dimension to Locke’s understanding of trust. As a philosopher
in the natural law tradition who emphasized the ability of men to understand the
law of nature through reason, there is no denying his view that reason informs
one’s decision to trust. The establishment of a political society, which involves
granting trust to a legislature and an executive, is clearly based on a rational con-
sideration of how best to protect property and guarantee security. The central
burden of Locke’s philosophical thinking was directed toward “an understanding
of the rationality and moral propriety of human trust.”⁶ In one sense, trust in
Locke is based on a rational consideration of expectations. But he also recognizes
that once government has been established, men instinctively feel trust for a good
⁶ John Dunn, “The Concept of ‘Trust’ in the Politics of John Locke,” in Philosophy in History, edited
by Richard Rorty, J.B. Schneerwind, and Quentin Skinner (Cambridge, 1984), pp. 280–1.
OUP CORRECTED AUTOPAGE PROOFS – FINAL, 11/12/21, SPi
ruler, much in the same way that children instinctively trust their father to protect
them. This trust of the ruler is based on the feeling that he will preserve peace.⁷
The second issue is whether Locke considered trust a moral virtue. There is
widespread agreement that Locke’s political philosophy was theocentric and had
a moral foundation. His philosophy, especially his political philosophy, empha-
⁷ “It being as impossible for a governor, if he really means the good of his people. . . not to make
them see and feel it, as it is for the father of a family not to let his children see he loves and takes care of
them.” Locke, Second Treatise, para. 209; John Dunn, The Political Thought of John Locke (Cambridge,
1969), pp. 67–8 and n. 3.
⁸ Dunn, “Concept of Trust,” p. 287.
⁹ Trust in this sense could also be a person, as in Psalm 40:4, which reads “Blessed is the man who
makes the Lord his trust.”
¹⁰ See Frederic William Maitland, “Trust and Corporation,” in The Collected Papers of Frederic
William Maitland, ed. A.L. Fisher (Cambridge, 1911), vol. 3, pp. 321–404.
¹¹ On the difference between private and public fiduciary duties see Timothy Endicott, “The Public
Trust,” in Fiduciary Government, edited by Evan J. Criddle et al. (Cambridge, 2018), pp. 306–30.
¹² For the various sources of the concept of the trust, and its use by the framers of the United States
Constitution, see Robert G. Natelson, “The Constitution and the Public Trust,” Buffalo Law Review,
52 (2004), pp. 1077–178.
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in the government and the option of removing a sovereign who violated it. Trust
was central to both men’s hypothetical account of the establishment of a com-
monwealth. The main difference is that for Locke trust was central to the creation
of civil society, whereas for Hobbes it was its consequence. His argument that the
law imposed by the sovereign enabled people to trust echoed that of the ancient
1689–1705
The main reason Locke published Two Treatises in the summer of 1689 was to
justify the Glorious Revolution. The book proved to be insufficient to the task.
¹⁷ Russell Hardin, “Trust in Government,” in Trust and Governance, edited by Valerie Braithwaite
and Margaret Levi (New York, 1998), p. 9.
¹⁸ Niklas Luhmann, Trust and Power (Chichester and New York, 1979); Sally Clarke, Trust and
Power: Consumers, the Modern Corporation, and the Making of the United States Automobile Market
(Cambridge, 2007). On the corruption of trustworthiness by power see Annette Baier, “Trust,” in The
Tanner Lectures on Human Values, 1991, edited by Grethe B. Peterson (1992), p. 148.
¹⁹ George Lawson, Politica Sacra et Civilis (London,1689), p. 79.
²⁰ Peter Schröder, “Fidem observandam esse—Trust and Fear in Hobbes and Locke,” in Trust and
Happiness in the History of European Political Thought, edited by László Kontler and Mark Somos
(Leiden, 2018), pp. 99–117.
OUP CORRECTED AUTOPAGE PROOFS – FINAL, 11/12/21, SPi
Of the some two hundred pamphlets written to justify the revolution between
1689 and 1694, only three mentioned Locke’s work or endorsed his interpretation
of the revolution, and two of those authors were friends or correspondents of
Locke.²¹ One reason for this dearth of early references to Locke’s work is that he
had written Two Treatises in the early 1680s to inspire resistance against Charles
²¹ J.P. Kenyon, Revolution Principles: The Politics of Party, 1689–1720 (Cambridge, 1977). Of the
three, James Tyrell was a friend and Matthew Tindal a correspondent. William Atwood had no contact
with Locke.
²² Kenyon, Revolution Principles, p. 200.
OUP CORRECTED AUTOPAGE PROOFS – FINAL, 11/12/21, SPi
resistance, much less revolution under certain circumstances.²³ For them either
the prospect or the reality of power had made radical Lockean theory irrelevant,
if not anathema. Nor did Locke’s theory of popular sovereignty appeal to men
who had acquired or were acquiring the skills of influencing a relatively small
electorate and mastering the art of controlling Parliament. They could not sub-
²³ On Locke’s radicalism and his association with radical Whigs see Richard Ashcraft, Revolutionary
Politics and Locke’s Two Treatises of Government (Princeton, 1986).
²⁴ Rachel Weil, A Plague of Informers: Conspiracy and Political Trust in William III’s England (New
Haven, 2013), ch.2. Weil shows that the failure to build trust also affected informers, who are the main
subject of her book.
²⁵ Leslie, an Anglican priest and non-juror, made these comments in a series of issues of his weekly
journal, The Rehearsal of Observator, in 1705. M.P. Thomson, “The Reception of Locke’s Two Treatises
of Government, 1690–1705,” Political Studies, 24 (1976), pp. 184–91; J. Moore, “Theological Politics: A
Study of the Reception of Locke’s Two Treatises of Government in England and Scotland in the Early
OUP CORRECTED AUTOPAGE PROOFS – FINAL, 11/12/21, SPi
1714–60
After the Whigs regained control of the government in 1714, references to Two
Treatises became more frequent, and some of those citations referred to Locke’s
theory of trust. Indeed, the first reference to the Second Treatise in Parliament
Eighteenth Century,” in John Locke and Immanuel Kant, edited by M. P. Thompson (Berlin, 1975),
pp. 62–82. The first extended rebuttal of Locke’s argument appeared in the anonymous Tory pamphlet
An Essay upon Government (1705).
²⁶ The Parliamentary History of England from the Earliest Period to the Year 1803 (London,
1816–20), vol. 7, pp. 328–9. In a speech before the House of Lords in 1710, the Whig Bishop Benjamin
Hoadly had made one reference to Locke’s First Treatise in attacking the patriarchalism of
Robert Filmer.
²⁷ William Pulteney, A Review of the Excise Scheme (1733), pp. 42–19, citing Locke’s Second Treatise,
paras. 149, 168, 221.
²⁸ “Proceedings on an Impeachment and Act of Attainder for High Treason against Henry Lord
Viscount Bolingbroke,” in Howell, State Trials, vol. 15, pp. 994–1006; “Proceedings on an Impeachment
and Act of Attainder for High Treason against James Duke of Ormond,” in Howell, State Trials, vol. 15,
1007–14. Bolingbroke was allowed to return to England in 1723, but Ormond died in exile.
²⁹ “Proceedings against the Earl of Oxford,” in Howell, State Trials, vol. 15, pp. 1046–194.
³⁰ “Proceedings against Thomas, Earl of Strafford,” in Howell, State Trials, vol. 15, pp. 1014–44.
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