Note 1, p. 26.
The History of the Variations is one of those
works which exhaust their subject, and which
do not admit of reply or addition. If this immortal
chef-d'œuvre be read with attention, the
cause of Protestantism, with respect to faith, is
forever decided: there is no middle way left
between Catholicity and infidelity. Gibbon
read it in his youth, and he became a Catholic,
abandoning the Protestant religion in which
he had been brought up. When, at a later
period, he left the Catholic Church, he did not
become a Protestant, but an unbeliever. My
readers will perhaps like to learn from the
mouth of this famous writer what he thought
of the work of Bossuet, and the effect which
was produced on him by its perusal. These
are his words: "In the History of the Variations,
an attack equally vigorous and well-directed,"
says he, "Bossuet shows, by a happy
mixture of reasoning and narration, the errors,
mistakes, uncertainties, and contradictions of
our first reformers, whose variations, as he
learnedly maintains, bear the marks of error;
while the uninterrupted unity of the Catholic
Church is a sign and testimony of infallible
truth. I read, approved, and believed." (Gibbon's
Memoirs.)
Note 2, p. 27.
It has been wished to represent Luther to us
as a man of lofty ideas, of noble and generous
feelings, and as a defender of the rights of the
human race. Yet he himself has left us in his
writings the most striking testimony of the
violence of his character, of his disgusting
rudeness, and his savage intolerance. Henry
VIII., king of England, undertook to refute
the book of Luther called De Captivitate Babylonica;
and behold the latter, irritated by such
boldness, writes to the king, and calls him
sacrilegious, mad, senseless, the grossest of all
pigs and of all asses. It is evident that Luther
paid but little regard to royalty; he did the
same with respect to literary merit. Erasmus,
who was perhaps the most learned man of his
age, or who at least surpassed all others in the
variety of his knowledge, in the refinement and
éclat of his mind, was not better treated by the
furious innovator, in spite of all the indulgence
for which the latter was indebted to him. As
soon as Luther saw that Erasmus did not think
proper to be enrolled in the new sect, he attacked
him with so much violence, that the
latter complained of it, saying, "that in his
old age he was compelled to contend against a
savage beast, a furious wild boar." Luther
did not confine himself to mere words; he
proceeded to acts. It was at his instigation
that Carlostad was exiled from the states of
the Duke of Saxony, and was reduced to such
misery, that he was compelled to carry wood,
and do other similar things, to gain his livelihood.
In his many disputes with the Zwinglians,
Luther did not belie his character; he
called them damned, fools, blasphemers. As
he lavished such epithets on his dissenting
companions, we cannot be astonished that he
called the doctors of Louvain beasts, pigs, Pagans,
Epicureans, Atheists; and that he makes
use of other expressions which decency will
not allow us to cite; and that, launching forth
against the Pope, he says, "He is a mad wolf,
against whom every one ought to take arms, without
waiting even for the order of the magistrates;
in this matter there can be no room left for repentance,
except for not having been able to bury
the sword in his breast;" adding, "that all
those who followed the Pope ought to be pursued
like bandit-chiefs, were they kings or
emperors." Such was the spirit of tolerance
which animated Luther. And let it not be
imagined that this intolerance was confined to
him; it extended to all the party of the innovators,
and its effects were cruelly felt. We
have an unexceptionable witness of this truth
in Melancthon, the beloved disciple of Luther,
and one of the most distinguished men that
Protestantism has had. "I find myself under
such oppression," wrote Melancthon to his
friend Camerarius, "that I seem to be in the
cave of the Cyclops; it is almost impossible
for me to explain to you my troubles; and
every moment I feel myself tempted to take
flight." "These are," he says, in another
letter, "ignorant men, who know neither piety
nor discipline; behold what they are who command,
and you will understand that I am like
Daniel in the lions' den." How, then, can it
be maintained that such an enterprise was
guided by a generous idea, and that it was
really attempted to free the human mind?
The intolerance of Calvin, sufficiently shown
by the single fact mentioned in the text, is
manifested in his works at every page, by the
manner in which he treats his adversaries.
Wicked men, rogues, drunkards, fools, madmen,
furies, beasts, bulls, pigs, asses, dogs, and
vile slaves of Satan. Such are the polite terms
which abound in the writings of the famous
reformer. And how many wretched things
of the same kind could I not relate, if I did
not fear to disgust my readers!
Note 3, p. 27.
The Diet of Spires had made a decree concerning
the change of religion and worship;
fourteen towns of the empire refused to submit
to it, and presented a Protest; hence men began
to call the dissenters Protestants. As
this name is a condemnation of the separated
churches, they have several times attempted
to assume others, but always in vain; the
names which they took were false, and false
names do not last. What was their meaning
when they called themselves Evangelicals?
That they adhered to the Gospel alone? In
that case they ought rather to call themselves
Biblicals; for it was not to the Gospel that
they professed to adhere, but to the Bible.
They are also sometimes called Reformers;
and many people have been accustomed to call
Protestantism, reformation; but it is enough to
pronounce this word, to feel how inappropriate
it is; religious revolution would be much more
proper.
Note 4, p. 27.
Count de Maistre, in his work Du Pape, has
developed this question of names in an inimitable
manner. Among his numerous observations,
there is one very just one: it is, that
the Catholic Church alone has a positive and
proper name, which she gives to herself, and
which is given to her by the whole world. The
separated Churches have invented many, but
without the power of appropriating them.—"Each
one was free to take what name he
pleased," says M. de Maistre; "Lais, in person,
might be able to write upon her door, Hôtel
d'Artémise. The great point is, to compel
others to give us a particular name, which is
not so easy as to take it of our own authority."
Moreover, it must not be imagined that
Count de Maistre was the inventor of this
argument; a long time before him St. Jerome
and St. Augustin had used it. "If you," says
St. Jerome, "hear them called Marcionites,
Valentinians, Montanists, know that they are
not the Church of Christ, but the synagogue
of Antichrist.—Si audieris nuncupari Marcionitas,
Valentinianos, Montanenses, scito, non
Ecclesiam Christi, sed Antichristi esse synagogam."
(Hieron. lib. Adversus Luciferianos.)
"I am retained in the Church," says St. Augustin,
"by her very name of Catholic; for it
was not without a cause that she alone, amid
so many heresies, obtained that name. All the
heretics desire to be called Catholics; yet if a
stranger asks them which is the church of the
Catholics, none of them venture to point out
their church or house.—Tenet me in Ecclesia
ipsum Catholicæ nomen, quod non sine causa
inter tam multas hæreses, sic ipsa sola obtinuit,
ut cum omnes hæretici se Catholicos dici
velint, quærenti tamen peregrino alicui, ubi ad
Catholicam conveniatur, nullus hæreticorum,
vel basilicam suam vel domum audeat ostendere."
(St. Augustin.) What St. Augustin
observed of his time is again realized with
respect to the Protestants. I appeal to the
testimony of those who have visited the countries
where different communions exist. An
illustrious Spaniard of the seventeenth century,
who had lived a long time in Germany, tells
us, "They all wish to be called Catholic and
Apostolical; but notwithstanding this pretension,
they are called Lutherans, or Calvinists.—Singuli
volunt Catholici et Apostolici, sed
volunt, et ab aliis non hoc prætenso illis nomine,
sed Luterani potius aut Calviniani nominantur."
(Caramuel.) "I have dwelt in the
towns of heretics," continues the same writer,
"and I have seen with my eyes and heard with
my ears a thing on which the heterodox should
reflect: it is, that with the exception of the Protestant
preacher, and a few others, who desire
to know more of the thing than is necessary, all
the crowd of heretics gave the name of Catholics
to the Romans.—Habitavi in hæreticorum civitatibus;
et hoc propriis oculis vidi, propriis
audivi auribus, quod deberet ab hæterodoxis
ponderari, præter prædicantem, et pauculos qui
plus sapiunt quam oportet sapere, totum hæreticorum
vulgus Catholicos vocat Romanos." Such
is the force of truth. The ideologists know
well that these phenomena have deep causes,
and that these arguments are something more
than subtilties.
Note 5, p. 38.
So much has been said of abuses, the influence
which they may have had on the
disasters which the Church suffered during the
last centuries has been so much exaggerated,
and at the same time so much care has been
taken, by hypocritical praise, to exalt the purity
of manners and strictness of discipline in the
primitive Church, that some people have at
last imagined a line of division between ancient
and modern times. These persons see in the
early times only truth and sanctity; they
attribute to the others only corruption and
falsehood; as if, in the early ages of the
Church, all the faithful were angels—as if the
Church, at all times, had not errors to correct
and passions to control. With history in our
hands, it would be easy to reduce these exaggerated
ideas to their just value, to which
Erasmus himself, certainly little disposed to
exculpate his contemporaries, does justice. He
clearly shows us, in a parallel between his
own times and those of the early ages of the
Church, how puerile and ill-founded was the
desire, then so widely diffused, of exalting
antiquity at the expense of the present time.
We find a fragment of this parallel in the
works of Marchetti, among his observations
on Fleury's history.
It would not be less curious to pass in review
the regulations made by the Church to check
all kinds of abuses. The collections of councils
would furnish us with so many materials thereupon,
that many volumes would not suffice to
make them known; or rather, these collections
themselves, with alarming bulk, from one end
to the other, are nothing but an evident proof
of these two truths: 1st, that there have been
at all times many abuses to be corrected, an
effect, in some measure necessary, of the weakness
and corruption of human nature; 2dly,
that at all periods the Church has labored to
correct these abuses, so that it may be affirmed
without hesitation, that you cannot point out
one without immediately finding a canonical
regulation by its side to check or punish it.
These observations clearly show that Protestantism
was not caused by abuses, but that it
was a great calamity, as it were, rendered
unavoidable by the fickleness of the human
mind, and the condition in which society was
placed. In the same sense Jesus Christ has
said, that it was necessary that there should be
scandal; not that any one in particular is
forced to give it, but because such is the corruption
of the human heart, that the natural
course of things must necessarily bring it.
Note 6, p. 42.
This concert and unity, which are found in
Catholicity, are things which ought to fill every
sensible man with admiration and astonishment,
whatever his religious ideas may be.
If we do not suppose that the finger of God is
here, how can we explain or understand the
continuance of the centre of unity in the see
of Rome? So much has been said of the
supremacy of the Pope, that it is very difficult
to add any thing new; but perhaps our readers
will not be displeased to see a passage of St.
Francis de Sales, where the various remarkable
titles given to the Sovereign Pontiff and to his
see, by the Church in ancient times, are collected.
This work of the holy Bishop is worthy
of being introduced, not only because it interests
the curiosity, but also because it furnishes
matter for grave reflection, which we
leave to the reader.
TITLES OF THE POPE.
Most Holy Bishop of the Catholic Church—Council
of Soissons, of 300 Bishops.
Most Holy and Blessed Patriarch—Ibid., t. vii.,
Council.
Most Blessed Lord—St. Augustine, Ep. 95.
Universal Patriarch—St. Leo, P., Ep. 62.
Chief of the Church in the World—Innoc. ad P. P.
Concil. Milevit.
The Bishop elevated to the Apostolic eminence—St.
Cyprian, Ep. 3, 12.
Father of Fathers—Council of Chalcedon, Sess. iii.
Sovereign Pontiff of Bishops—Id., in præf.
Sovereign Priest—Council of Chalcedon, Sess. xvi.
Prince of Priests—Stephen, Bishop of Carthage.
Prefect of the House of God and Guardian of the
Lord's Vineyard—Council of Carthage, Ep. to
Damasus.
Vicar of Jesus Christ, Confirmer of the Faith of
Christians—St. Jerome, præf. in Evang. ad Damasum.
High-Priest—Valentinian, and all antiquity with
him.
The Sovereign Pontiff—Council of Chalcedon, in
Epist. ad Theodos. Imper.
The Prince of Bishops—Ibid.
The Heir of the Apostles—St. Bern., lib. de Consid.
Abraham by the Patriarchate—St. Ambrose, in 1
Tim. iii.
Melchisedech by ordination—Council of Chalcedon,
Epist. ad Leonem.
Moses by authority—St. Bernard, Epist. 190.
Samuel by jurisdiction—Id. ib., et in lib. de Consider.
Peter by power—Ibid.
Christ by unction—Ibid.
The Shepherd of the Fold of Jesus Christ—Id. lib
ii. de Consider.
Key-Bearer of the House of God—Id. ibid. c. viii.
The Shepherd of all Shepherds—Ibid.
The Pontiff called to the plentitude of power—Ibid.
St. Peter was the Mouth of Jesus Christ—St. Chrysost.,
Hom. ii., in Div. Serm.
The Mouth and Head of the Apostleship—Orig.,
Hom. lv. in Matth.
The Cathedra and Principal Church—St. Cypr., Ep.
lv. ad Cornel.
The Source of Sacerdotal Unity—Id., Epist. iii. 2.
The Bond of Unity—Id. ibid. iv. 2.
The Church where resides the chief power (potentior
principalitas)—Id. ibid. iii. 8.
The Church the Root and Mother of all the others—St.
Anaclet. Papa, Epist. ad omnes Episc. et
Fideles.
The See on which our Lord has built the Universal
Church—St. Damasus, Epist. ad Univ. Episcop.
The Cardinal Point and Head of all the Churches—St.
Marcellinus, R. Epist. ad Episc. Antioch.
The Refuge of Bishops—Conc. Alex., Epist. ad
Felic. P.
The Supreme Apostolic See—St. Athanasius.
The Presiding Church—Emperor Justin., in lib. viii.,
Cod. de Sum. Trinit.
The Supreme See which cannot be judged by any
other—St. Leo, in Nat. SS. Apost.
The Church set over and preferred to all the others—Victor
d'Utiq., in lib. de Perfect.
The first of all the Sees—St. Prosper, in lib. de Ingrat.
The Apostolic Fountain—St. Ignatius, Epist. ad
Rom. in Subscript.
The most secure Citadel of all Catholic Communion—Council
of Rome under St. Gelasius.
Note 7, p. 45.
I have said that the most distinguished Protestants
have felt the void which is found in
all sects separated from the Catholic Church.
I am about to give proofs of this assertion,
which perhaps some persons may consider hazardous.
Luther, writing to Zwinglius, said,
"If the world lasts for a long time, it will be
again necessary, on account of the different
interpretations which are now given to the
Scriptures, to receive the decrees of Councils,
and take refuge in them, in order to preserve
the unity of the faith.—Si diutius steterit
mundus, iterum erit necessarium, propter diversas
Scripturæ interpretationes quæ nunc
sunt, ad conservandam fidei unitatem, ut conciliorum
decreta recipiamus, atque ad ea confugiamus."
Melancthon, deploring the fatal results of
the want of spiritual jurisdiction, said, "There
will result from it a liberty useless to the
world;" and in another place he utters these
remarkable words: "There are required in the
Church inspectors, to maintain order, to observe
attentively those who are called to the
ecclesiastical ministry, to watch over the doctrine
of priests, and pronounce ecclesiastical
judgments; so that if bishops did not exist,
it would be necessary to create them. The
monarchy of the Pope would be of great utility
to preserve among such various nations uniformity
of doctrine."
Let us hear Calvin: "God has placed the
seat of his worship in the centre of the earth,
and has placed there only one Pontiff, whom
all may regard, the better to preserve unity.—Cultus
sui sedem in medio terræ collocavit, illi
unum Antisticem præfecit, quem omnes respicerent,
quo melius in unitate continerentur."—(Calvin,
Inst. 6, § 11.)
"I have also," says Beza, "been long and
greatly tormented by the same thoughts which
you describe to me. I see our people wander
at the mercy of every wind of doctrine, and
after having been raised up, fall sometimes on
one side, and sometimes on the other. What
they think of religion to-day you may know;
what they will think of it to-morrow you cannot
affirm. On what point of religion are the
Churches which have declared war against the
Pope agreed? Examine all, from beginning to
end, you will hardly find one thing affirmed by
the one which the other does not directly cry out
against as impiety.—Exercuerunt me diu et
multum illæ ipsæ quas describis cogitationes.
Video nostros palantes omni doctrinæ vento,
et in altum sublatos, modo ad hanc, modo ad
illam partem deferri. Horum, quæ sit hodie
de religione sententia scire fortasse possis; sed
quæ cras de eadem futura sit opinio, neque tu
certo affirmare queas. In quo tandem religionis
capite congruunt inter se Ecclesiæ, quæ
Romano Pontifici bellum indixerunt? A capite
ad calcem si percurras omnia, nihil propemodum
reperias ab uno affirmari, quod alter
statim non impium esse clamitet." (Th. Bez.
Epist. ad Andream Dudit.)
Grotius, one of the most learned of Protestants,
also felt the weakness of the foundation
on which the separated sects repose. Many
people have believed that he died a Catholic.
The Protestants accused him of having the
intention of embracing the Roman faith; and
the Catholics, who had relations with him at
Paris, thought the same thing. It is said that
the celebrated Petau, the friend of Grotius, at
the news of his death, said mass for him; an
anecdote the truth of which I do not guarantee.
It is certain that Grotius, in his work
entitled De Antichristo, does not think, with
other Protestants, that the Pope is Antichrist.
It is certain that, in his work entitled Votum
pro Pace Ecclesiæ, he says, without circumlocution,
"that without the supremacy of the
Pope, it is impossible to put an end to disputes;"
and he alleges the example of the
Protestants: "as it happens," says he, "among
the Protestants." It is certain that, in his
posthumous work, Rivetiani Apologetici Discussio,
he openly lays down the fundamental
principle of Catholicity, namely, that "the
dogmas of faith should be decided by tradition
and the authority of the Church, and not by
the holy Scriptures only."
The conversion of the celebrated Protestant
Papin, which made so much noise, is another
proof of what we are endeavoring to show.
Papin reflected on the fundamental principle
of Protestantism, and on the contradiction
which exists between this principle and the
intolerance of Protestants, who, relying only
on private judgment, yet have recourse to
authority for self-preservation. He reasoned
as follows: "If the principle of authority,
which they attempt to adopt, is innocent and
legitimate, it condemns their origin, wherein
they refused to submit to the authority of the
Catholic Church; but if the principle of private
judgment, which they embraced in the
beginning, was right and just, this is enough
to condemn the principle of authority invented
by them for the purpose of avoiding its excesses;
for this principle opens and smooths
the way to the greatest disorders of impiety."
Puffendorf, who will certainly not be accused
of coldness when attacking Catholicity, could
not help paying his tribute also to the truth,
when, in a confession for which all Catholics
ought to thank him, he says, "The suppression
of the authority of the Pope has sowed
endless germs of discord in the world: as
there is no longer any sovereign authority to
terminate the disputes which arise on all sides,
we have seen the Protestants split among themselves,
and tear their bowels with their own
hands." (Puffendorf, de Monarch. Pont. Roman.)
Leibnitz, that great man, who, according to
the expression of Fontenelle, advanced all
sciences, also acknowledged the weakness of
Protestantism, and the organizing power which
belongs to the Catholic Church. We know
that, far from participating in the anger of
Protestants against the Pope, he regarded the
religious supremacy of Rome with the most
lively sympathy. He openly avows the superiority
of the Catholic over the Protestant missions;
the religious communities themselves,
the objects of so much aversion to so many
people, were to him highly respectable. These
anticipations with respect to the religious ideas
of this great man have been more and more
confirmed by one of his posthumous works,
published for the first time at Paris in 1819.
The Exposition of the Doctrine of Leibnitz on
Religion, followed by Thoughts extracted from
the writings of the same Author, by M. Emery,
formerly General Superior of St. Sulpice, contains
the posthumous work of Leibnitz, whereof
the title, in the original manuscript, is,
Theological System. The commencement of
this work, remarkable for its seriousness and
simplicity, is certainly worthy of the great
soul of this distinguished thinker. It is this:
"After having long and profoundly studied
religious controversies, after having implored
the divine assistance, and laid aside, as far as
it is possible for man, all spirit of party, I
have considered myself as a neophyte come
from the new world, and one who had not yet
embraced an opinion; behold, therefore, the
conclusions at which I have arrived, and what
appeared to me, out of all that I have examined,
worthy to be received by all unprejudiced
men, as what is most conformable to the holy
Scriptures and respectable antiquity; I will
even say, to right reason and the most certain
historical facts."
Leibnitz afterwards lays down the existence
of God, the Incarnation, the Trinity, and the
other dogmas of Christianity; he adopts with
candor, and defends with much learning, the
doctrine of the Catholic Church on tradition,
the sacraments, the sacrifice of the Mass, the
respect paid to relics and holy images, the
Church hierarchy, and the supremacy of the
Pope. He adds, "In all cases which do not
admit the delay of the convocation of a general
Council, or which do not deserve to be
considered therein, it must be admitted that
the first of the Bishops, or the Sovereign
Pontiff, has the same power as the whole
Church."
Note 8, p. 49.
Some persons may suppose that what we
have said with respect to the emptiness of
human knowledge and the weakness of our
intellect, has been said only for the purpose of
making the necessity of a rule in matters of
faith more sensibly felt. It is not so. It
would be easy for me to insert here a long list
of texts, drawn from the writings of the most
illustrious men of ancient and modern times,
who have insisted upon this very point. I will
only quote here an excellent passage from an
illustrious Spaniard, one of the greatest men
of the sixteenth century, Louis Vives. "Jam
mens ipsa, suprema animi et celsissima pars,
videbit quantopere sit tum natura sua tarda ac
præpedita, tum tenebris peccati cæca, et a doctrina,
usu, ac solertia imperita et rudis, ut ne
ea quidem quæ videt, quæque manibus contrectat,
cujusmodi sint, aut quid fiant assequatur, nedum
ut in abdito illa naturæ, arcana possit penetrare;
sapienterque ab Aristotele illa est posita sententia:
Mentem nostram ad manifestissima naturæ
non aliter habere se, quam noctuæ oculum ad
lumen solis. Ea omnia, quæ universum hominum
genus novit, quota sunt pars eorum quæ
ignoramus? Nec solum id in universitate artium
est verum, sed in singulis earum, in
quarum nulla tantum est humanum ingenium
progressum, ut ad medium pervenerit, etiam in
infimis illis ac villissimis; ut nihil existimetur
verius esse dictum ab Academicis quam Scire
nihil." (Ludovic. Vives, de Concordia et Discordia,
lib. iv. c. iii.) So thought this great
man, who, to vast erudition in sacred and profane
things, added profound meditation on the
human intellect itself; who followed the progress
of the sciences with an observant eye,
and undertook to regenerate them, as his writings
prove. I regret that I cannot copy his
words at length, as well those in the passage
which I have just cited, as those of his immortal
work on the causes of the decline of
the arts and sciences, and on the manner of
teaching them. If any one complain that I
have told some truths as to the weakness of
our minds, and fear lest this should impede the
progress of knowledge by checking its flights,
I will remind him that the best way of promoting
the progress of our minds is, to give them
a knowledge of themselves. On this point,
the profound sentence of Seneca may be quoted:
"I know that many persons would have
attained to wisdom, if they had not presumed
that they already possessed it." "Puto multos
ad sapientiam protuisse pervenire, nisi se jam
crederent pervenisse."
Note 9, p. 53.
Dense clouds surround the intellect as soon
as it approaches the first principles of the
sciences. I have said that even the mathematics,
the clearness and certainty of which
have become proverbial, are not exempted from
this universal rule. The infinitesimal calculation,
which, in the present state of science,
may be said to play the leading part, nevertheless
depends on a few ideas which, up to
this time, have not been well explained by any
one—ideas with respect to limits. I do not
wish to throw any doubt on the certainty of
this calculation: I only wish to show, that, if
it were attempted to examine the ideas which
are as it were the elements of it, before the
tribunal of metaphysical philosophy, the consequence
would be, that shades would be cast
upon their certainty. Without going further
than the elementary part of science, we might
discover some points which would not bear a
continued metaphysical and ideological analysis
without injury: a thing which it would be
very easy to prove by example, if the nature
of this work allowed it. We may recommend
to the reader on this subject, the valuable
letter addressed by the Spanish Jesuit, Eximeno,
a distinguished philosopher and mathematician,
to his friend, Juan Andres; he will
there find some appropriate observations made
by a man who certainly will not be rejected on
the ground of incompetency. It is in Latin,
and is called Epistola ad clarissimum virum
Joannem Andresium.
As to the other sciences, it is not necessary
to say much to prove that their first principles
are surrounded with darkness; and it may be
said that the brilliant reveries of the most
illustrious men have had no other source than
this very obscurity. Led away by the feeling
of their own strength, these men pursued truth
even to the abyss; there, to use the expression
of an illustrious contemporary poet, the torch
was extinguished in their hands; lost in an
obscure labyrinth, they were then abandoned
to the mercy of their fancies and inspirations;
it was thus that reality gave place to the beautiful
dreams of their genius.
Note 10, p. 54.
Nothing is better for understanding and explaining
the innate weakness of the human
mind, than to survey the history of heresies;
a history which we owe to the Church, to the
extreme care which she has taken to define and
classify errors. From Simon Magus, who called
himself the legislator of the Jews, the renovator
of the world, and the paraclete, while
paying a worship of latria to his mistress
Helena, under the name of Minerva, down to
Hermann, preaching the massacre of all the
priests and all the magistrates of the world,
and affirming that he was the real son of God;
a vast picture, very unpleasant to behold, I
acknowledge, if it were only on account of the
extravagances with which it abounds, presents
itself to the observer, and suggests to him
very grave and profound reflections on the
real character of the human mind; there it is
easy to see the wisdom of Catholicity, in attempting,
in certain cases, to subject this inconstant
spirit to rule.
Note 11, p. 57.
If any persons find difficulty in persuading
themselves that illusion and fanaticism are, as
it were, in their proper element among Protestants,
behold the irresistible testimony of
facts in aid of our assertion. This subject
would furnish large volumes; but I must be
content with a rapid glance. I begin with
Luther. Is it possible to carry raving further
than to pretend to have been taught by the
devil, to boast of it, and to found new doctrines
on so powerful an authority? Yet this
was the raving of Luther himself, the founder
of Protestantism, who has left us in his works
the evidence of his interview with Satan.—Whether
the apparition was real, or produced
by the dreams of a night agitated by fever, it
is impossible to carry fanaticism further than
to boast of having had such a master. Luther
tells us himself that he had many colloquies
with the devil; but what is above all worthy
of attention is, the vision in which, as he
relates in the most serious manner, Satan, by
his arguments, compelled him to proscribe
private masses. He gives us a lively description
of this adventure. He wakes in the middle
of the night; Satan appears to him.—Luther
is seized with horror; he sweats, he
trembles; his heart beats in a fearful manner.
Nevertheless the discussion begins, and the
devil, like a good disputant, presses him so
hard with his arguments, that he leaves him
without reply. Luther is conquered; which
ought not to astonish us, since he tells us that
the logic of the devil was accompanied by a
voice so alarming, that the blood froze in his
veins. "I then understood," says this wretched
being, "how it often happens that people
die at the break of day; it is because the devil
is able to kill or suffocate men; and without
going so far as that, when he disputes with
them, he places them in such embarrassment,
that he can thus occasion their death. I have
often experienced this myself." This passage
is certainly curious.
The phantom which appeared to Zwinglius,
the founder of Protestantism in Switzerland,
affords us another example of extravagance no
less absurd. This heresiarch wished to deny
the real presence of Jesus Christ in the Eucharist;
he pretended that what exists under
the consecrated species is only a sign. As the
authority of the sacred text, which clearly expresses
the contrary, embarrassed him, behold,
suddenly, at the moment when he imagined
that he was disputing with the secretary of the
town, a white or black phantom, so he tells us
himself, appeared to him, and showed him a
means. This pleasant anecdote we have from
Zwinglius himself.
Who does not regret to see such a man as
Melancthon also given up to the prejudices and
manias of the most ridiculous superstition,
stupidly credulous with respect to dreams, extraordinary
phenomena, and astrological prognostics?
Read his letters, which are filled
with such pitiful things. At the time when
the diet of Augsburg was held, Melancthon
regarded as favourable presages for the new
gospel an inundation of the Tiber, the birth at
Rome of a monstrous mule with a crane's foot,
and that of a calf with two heads in the territory
of Augsburg,—events which to him were
the undoubted announcements of a change in
the universe, and particularly of the approaching
ruin of Rome by the power of schism. He
himself makes the horoscope of his daughter,
and he trembles for her because Mars presents
an alarming aspect; he is not the less alarmed
at the tail of a comet appearing within the
limits of the north. The astrologers had predicted
that in autumn the stars would be more
favorable to ecclesiastical disputes; this prognostic
sufficed to console him for the slowness
of the conferences of Augsburg on the subject
of religion: we see, moreover, that his friends—that
is, the leaders of the party—allowed
themselves to be ruled by the same powerful
reasons. As if he had not troubles enough,
it is predicted that Melancthon will be shipwrecked
in the Baltic; he avoids sailing on
those fatal waters. Certain Franciscans had
prophesied that the power of the Pope was
about to decline, and then to fall for ever; also
that, in the year 1600, the Turks were to become
masters of Italy and Germany; Melancthon
boasts of having the original prophecy in
his possession; moreover, the earthquakes
which occur confirm him in his belief.
The human mind had but just set itself up
as the only judge of faith, when the atrocities
of the most furious fanaticism already inundated
Germany with blood. Mathias Harlem,
the Anabaptist, at the head of a ferocious troop,
orders the churches to be sacked, the sacred
ornaments to be broken in pieces, and all
books, except the Bible, to be burnt, as impious
or useless. Established at Munster, which
he calls Mont Sion, he causes all the gold,
silver, and precious stones possessed by the
inhabitants to be brought to him, and places
them in a common treasury, and names deacons
to distribute them. All his disciples are compelled
to eat in common, to live in perfect
equality, and to prepare for the war which they
would have to undertake, quitting Mount Sion,
as he himself said, to subject all the nations of
the earth to his power. He at length dies in a
rash attempt, wherein, like another Gideon,
he undertook nothing less than to exterminate
the army of the impious with a handful of
men. Mathias immediately found an heir to
his fanaticism in Becold, perhaps better known
under the name of John of Leyden. This
fanatic, a tailor by trade, ran naked through
the streets of Munster, crying out, "Behold, the
king of Sion comes." He returned to his house,
shut himself up there for three days; and
when the people came to inquire for him, he
pretended that he could not speak; like another
Zachary, he made signs that he wanted writing
materials, and wrote that it had been revealed
to him by God, that the people should
be governed by judges, in imitation of the
people of Israel. He named twelve judges,
choosing the men who were the most attached
to himself; and until the authority of the new
magistrates had been acknowledged, he took
the precaution not to allow himself to be seen
by any body. Already was the authority of
the new prophet secured in a certain manner;
but not content with the real command, he
desired to surround himself with pomp and
majesty; he proposed nothing less than to
have himself proclaimed king. Now the blindness
of the sectarian fanatics was so great,
that it was not difficult for him to complete his
mad enterprise; it was enough for him to play
off a gross farce. A goldsmith who had an
understanding with the aspirant to royalty,
and was also initiated in the art of prophecy,
presented himself before the judges of Israel,
and spoke to them thus: "Behold, this is the
will of the Lord God, the Eternal: as in other
times I established Saul over Israel, and after
him David, who was only a simple shepherd,
so I now establish my prophet Becold king of
Sion." The judges would not resolve on abdication;
but Becold assured them that he also
had had the same vision, that he had concealed
it from humility, but that God having spoken
by another prophet, it was necessary for him
to resign himself to mount the throne, and
accomplish the orders of the Most High. The
judges persisted in wishing to call the people
together; they assembled in the market-place;
there a prophet, on the part of God, presented
to Becold a drawn sword, as a sign of the
power of justice, which was conferred on him
over all the earth, to extend to the four quarters
of the world the empire of Sion; he was proclaimed
king with the most boisterous joy, and
solemnly crowned on the 24th of June, 1534.
As he had espoused the wife of his predecessor,
he raised her to the royal dignity; but
while reserving to her the exclusive privilege
of being queen, he continued to have seventeen
wives, in conformity with the holy liberty
which he had proclaimed in this matter. The
orgies, assassinations, atrocities, and ravings
of all kinds which followed cannot be related;
it may be affirmed that the sixteen months of
the reign of this madman were only a series
of crimes. The Catholics cried out against
such horrible excesses. The Protestants cried
out also; but who was to blame? Was it not
they who, after having proclaimed resistance
to the authority of the Church, had thrown
the Bible into the midst of these wretched
men, at the risk of their heads being turned
by the ravings of individual interpretation,
and of precipitating them into projects as
criminal as they were senseless? The Anabaptists
were well aware of this; and they
were exceedingly indignant with Luther, who
condemned them in his writings; and indeed,
what right had he, who had established the
principle, to desire to check its consequences?
If Luther found in the Bible that the Pope
was Antichrist, if he arrogated to himself, of
his own authority, the mission of destroying
the reign of the Pope, by exhorting all the
world to conspire against him, why could not
the Anabaptists say, in their turn, that they had
intercourse with God, and had received the order
to exterminate all the wicked, and to establish
a new kingdom, in which were to be seen only
wise, pious, and innocent men, having become
the masters of all things.
Hermann preaching the massacre of all the
priests and all the magistrates of the world;
David George proclaiming that his doctrine
alone was perfect, that that of the Old and New
Testaments was imperfect, and that he was the
true Son of God; Nicholas rejecting faith and
worship as useless, treading under foot the
fundamental precepts of morality, and teaching
that it was good to continue in sin, that grace
might abound; Hacket pretending that the
spirit of the Messiah had descended upon him,
and sending two of his disciples to cry out in
the streets of London, "Behold Christ coming
here with a vase in his hand!" Hacket himself
crying out, at the sight of the gibbet, and
in the agony of punishment, "Jehovah! Jehovah!
do you not see that the heavens open,
and that Jesus Christ comes to deliver me?"
are not all these deplorable spectacles, and a
hundred others that I might mention, proofs
sufficiently evident that the Protestant system
nourishes and inflames a fearful fanaticism?
Venner, Fox, William Simpson, J. Naylor,
Count Zinzendorf, Wesley, Baron Swedenborg,
and other similar names, are sufficient to remind
us of an assemblage of sects so extravagant,
and a series of crimes such as would fill
volumes, which would afford us the most ridiculous
and the most odious pictures, the greatest
miseries and the most deplorable errors of the
human mind. I have not invented or exaggerated.
Open history, consult authors—I do
not mean Catholics, but Protestants, or whatever
they may be—and you will every where
find a multitude of witnesses who depose to
the truth of these facts; notorious facts, which
have taken place in the light of day, in great
capitals, and in times bordering on our own;
and let it not be supposed that this abundant
source of illusion and fanaticism has been
exhausted in the course of ages; it does not
seem that it is yet near being dried up, and
Europe appears condemned to hear the recital
of visions, such as those of Baron Swedenborg
in the inn in London; and we shall still see
passports for heaven with three seals given out,
like those of Johanna Southcote.
Note 12, p. 60.
Nothing is more palpable than the difference
which exists on this point between Protestants
and Catholics. On both sides there are persons
who consider themselves to be favored with
heavenly visions; but these visions render
Protestants proud, turbulent, and raving mad,
while among Catholics they increase the spirit
of humility, peace, and love. Even in that very
sixteenth century, in which the fanaticism of
the Protestants agitated and stained Europe
with blood, there lived in Spain a woman who,
in the judgment of unbelievers and Protestants,
is certainly one of those who have been
the most deeply infected with illusion and
fanaticism; but has the supposed fanaticism of
this woman ever caused the spilling of a drop
of blood, or the shedding of a tear? Were
her visions, like those of Protestants, orders
from heaven for the extermination of men?
After the desolate and horrible picture which
I have given in the preceding note, perhaps
the reader will be glad to let his eyes rest
upon a spectacle as peaceful as it is beautiful.
It is St. Theresa writing her own life out of
pure obedience, and relating to us her visions
with angelic candor and ineffable sweetness.
"The Lord (she says) willed that I should once
have this vision: I saw near to me, on the left
hand, an angel in a corporeal form; this is
what I do not usually see, except by a prodigy;
although angels often present themselves to
me without my seeing them, as I have said in
the preceding vision. In this the Lord willed
that I should see him in the following manner:
he was not tall, but small and very beautiful,
his face all in a flame, and he seemed to be one
of the angels very high in the hierarchy, who
apparently are all on fire. Without doubt, he
was one of those who are called seraphim.—These
angels do not tell me their names; but
I clearly see that there is so great a difference
among the angels, between some and others,
that I do not know how to express it. I saw
in his hands a long dart of gold, which appeared
to me to have some fire at the end of
the point. It seemed to me that the angel
buried this dart from time to time in my heart,
and made it penetrate to my bowels, and that
when withdrawing it, he carried them away,
leaving me all inflamed with a great love of
God." (Vie de St. Thérèse, c. xxix. no. 11.)
Another example: "At this moment I see on
my head a dove very different from those of
earth; for this one had no feathers, but wings
as it were of the shell of mother of pearl,
which shone brightly. It was larger than a
dove; it seemed to me that I heard the noise
of its wings. It moved them almost for the
time of an Ave Maria. The soul was already
in such a condition that, herself swooning
away, she also lost sight of this divine dove.
The mind grew tranquil with the presence of
such a guest, although it seemed to me that so
wonderful a favor ought to fill it with perturbation
and alarm; but as the soul began to
enjoy it, fear departed, repose came with enjoyment,
and the mind remained in ecstacy."
(Vie, c. xxviii. no. 7.) It would be difficult
to find any thing more beautiful, expressed in
more lively colors, and with a more amiable
simplicity. It will not be out of place to copy
here two other passages of a different kind,
which, while they enforce what we wish to
show, may contribute to awaken the taste of
our nation for a certain class of Spanish
writers, who are every day falling into oblivion
with us, while foreigners seek for them
with eagerness, and publish handsome editions
of them. "I was once at office with all the
rest; my soul was suddenly fixed in attention,
and it seemed to me to be entirely as a clear
mirror without reverse or side, neither high
nor low, but shining every where. In the
midst of it, Christ our Saviour presented himself
to me, as I am accustomed to see Him.
He appeared to me to be at once in all parts
of my soul. I saw Him as in a clear mirror,
and this mirror also (I cannot say how) was
entirely imprinted on our Lord himself, by a
communication which I cannot describe—a
communication full of love. I know that this
vision has been of great advantage to me every
time that I recollect it, principally when I
have just received communion. I was given
to understand that when a soul is in a state of
mortal sin, this mirror is covered with great
darkness, and is extremely obscure, so that our
Lord cannot appear or be seen therein, although
He is always present as giving being; as to
heretics, it is as if the mirror were broken,
which is much worse than if it were obscured.
There is a great difference between seeing this
and telling it; it is difficult to make such a
thing understood. I repeat, that this has been
very profitable to me, and also very afflicting,
on account of the view of the various offences
by which I have obscured my soul, and have
been deprived of seeing my Lord." (Vie, c.
xi. no. 4.)
In another place she explains a manner of
seeing things in God; she represents the idea
by an image so brilliant and sublime, that we
appear to be reading Malebranche, when developing
his famous system.
"We say that the Divinity is like a bright
diamond, infinitely larger than the world; or
rather like a mirror, as I have said of the soul
in another vision; except that here it is in a
manner so sublime, that I know not how to
exalt it sufficiently. All that we do is seen in
this diamond, which contains all in itself; for
there is nothing which is not comprised in so
great a magnitude. It was alarming to me to
see in so short a time so many things assembled
in this bright diamond; and I am profoundly
afflicted every time that I think that things so
shocking as my sins appeared to me in this
most pure brightness." (Vie, c. xl. no. 7.)
Let us now suppose, with Protestants, that
all these visions were only pure illusions: at
least it is evident that they do not pervert ideas,
corrupt morals, or disturb public order; and
assuredly, had they served only to inspire these
beautiful pages, we should not know how to
regret the illusion. This is a confirmation of
what I have said of the salutary effects which
the Catholic principle produces in souls, by
preventing them from being blinded by pride,
or throwing themselves into dangerous courses.
This principle confines them to a sphere where
it is impossible for them to injure any one; but
it does not deprive them of any of their force
or energy to do good, supposing that the inspiration
is real. Although it would have been
easy for me to cite a thousand examples, I was
compelled, for the sake of brevity, to confine
myself to one, when selecting St. Theresa as
one of those who are the most distinguished in
this respect, and because she was contemporary
with the great aberrations of Protestantism. In
fine, as she was a daughter of Spain, I seized
the opportunity of recalling her to the memories
of Spaniards, who begin too much to forget
her.
Note 13, p. 64.
Some of the leaders of the Reformation have
left suspicions that they taught with insincerity,
that they did not themselves believe what they
preached, and that they had no other object
than to deceive their proselytes. As I am unwilling
to have it imputed to me that I have
made this accusation rashly, I will adduce
some proofs in support of my assertion. Let
us hear Luther himself. "Often," he says,
"do I think within myself that I scarcely
know where I am, and whether I teach the
truth or not (Sæpe sic mecum cogito, propemodum
nescio, quo loco sim, et utrum veritatem
doceam, necne)." (Luther, Col. Isleb. de
Christo.) And it is the same man who said:
"It is certain that I have received my dogmas
from heaven. I will not allow you to judge of
my doctrine, neither you nor even the angels
of heaven (Certum est dogmata mea habere
me de cœlo. Non sinam vel vos vel ipsos
angelos de cœlo de mea doctrina judicare)."
(Luther, contra Reg. Ang.) John Matthei, the
author of many writings on the life of Luther,
and who is not scanty in eulogies on the
heresiarch, has preserved a very curious anecdote
touching the convictions of Luther. It
is this: "A preacher called John Musa related
to me that he one day complained to
Luther that he could not prevail on himself to
believe what he taught to others: 'Blessed be
God (said Luther) that the same thing happens
to others as to myself: I believed till now that
THAT was a thing which happened only to me.'"
(Johann. Matthesius, conc. 12.)
The doctrines of infidelity were not long delayed;
but would it be believed that they are
found expressed in various parts of Luther's
own works? "It is likely," says he, speaking
of the dead, "that, except a few, they all sleep
deprived of feeling." "I think that the dead
are buried in so ineffable and wonderful a sleep,
that they feel or see less than those who sleep
an ordinary sleep." "The souls of the dead
enter neither into purgatory nor into hell."
"The human soul sleeps; all its senses buried."
"There is no suffering in the abode of the
dead." ("Verisimile est, exceptis paucis, omnes
dormire insensibiles." "Ego puto mortuos
sic ineffabili et miro somno sopitos, ut minus
sentiant aut videant, quam hi qui alias dormiunt."
"Animæ mortuorum non ingrediuntur
in purgatorium nec infernum." "Anima humana
dormit, omnibus sensibus sepultis."
"Mortuorum locus cruciatus nullos habet.")
(Tom. ii. Epist. Lat. Isleb. fol. 44; t. vi. Lat.
Wittenberg, in cap. ii., cap. xxiii., c. xxv., c.
xlii. et xlix. Genes. et t. iv. Lat. Wittenberg,
fol. 109.) Persons were not wanting ready
to receive such doctrines; and this teaching
caused such ravages, that the Lutheran Brentzen,
disciple and successor of Luther, hesitates
not to say: "Although no one among us publicly
professes that the soul perishes with the body,
and that there is no resurrection of the dead,
nevertheless the impure and wholly profane lives
which they for the most part lead, show very
clearly that they do not believe that there is
another life. Some even allow words of this
kind to escape them, not only in the intoxication
of libations, but even when fasting, in their familiar
intercourse. (Et si inter nos nulla sit
publica professio quod anima simul cum corpore
intereat, et quod non sit mortuorum
resurrectio, tamen impurissima et profanissima
illa vita, quam maxima pars hominum sectatur,
perspicue indicat quod non sentiat vitam post
hanc. Nonnullis etiam tales voces, tam ebriis
inter pocula, quam sobriis in familiaribus colloquiis.)"
(Brentius, Hom. 35, in cap. 20, Luc.)
There were in this same sixteenth century
some men who cared not to give their names
to this or that sect, but who professed infidelity
and scepticism without disguise. We know
that the famous Gruet paid with his head for
his boldness in this way; and it was not the
Catholics who cut it off, but the Calvinists,
who were offended that this unhappy man had
taken the liberty to paint the character and
conduct of Calvin in their true colors. Gruet
had also committed the crime of posting up
placards at Geneva, in which he charged the
pretended reformers with inconsistency, on
account of the tyranny which they attempted
to exercise over consciences, after having
shaken off the yoke of authority on their own
account. This took place soon after the birth of
Protestantism, as the sentence on Gruet was
executed in 1549.
Montaigne, who has been pointed out as one
of the first sceptics who acquired reputation in
Europe, carries the thing so far, that he does
not even admit the natural law. "They are
not serious (he says) when, to give some certainty
to laws, they say that there are any laws fixed,
perpetual, and immutable, which they call natural,
which are impressed on the human race by
the condition of their peculiar essence." (Montaigne,
Ess. l. ii. c. 12.)
We have already seen what Luther thought
of death, or at least the expression which
escaped him on this subject; and we cannot
be astonished after that, that Montaigne wished
to die like a real unbeliever, and that he says,
speaking of the terrible passage: "I plunge
my head, insensibly sunk in death, without considering
or observing it, as in a silent and obscure
depth, which swallows me up at once,
stifles me in a moment with powerful sleep full
of insipidity and indolence." (Montaigne, l.
iii. c. 9.) But this man, who wished that death
should find him planting his cabbages, and
without thinking of it (Je veux que la mort me
trouve plantant mes choux, mais sans me soucier
d'elle), was not of the same opinion in his last
moments. When he was near breathing his
last, he wished that the holy sacrifice of the
Mass should be celebrated in his apartment,
and he expired while making an effort to raise
himself on his bed, in the act of adoring the
sacred Host. We see that he had profited in
his heart by some of his ideas with respect to
the Christian religion. "It is pride," he had
said, "that leads man out of the common path,
and urges him to embrace novelties, loving
rather to be the chief of a wandering and undisciplined
band, than to be a disciple of the
school of truth." In another place, at once
condemning all the dissenting sects, he had
said, "In religious matters it is necessary to
adhere to those who are the established judges
of doctrine, and who have legitimate authority,
not to the most learned and the cleverest."
From all that I have just said, it is clear
that if I accuse Protestantism of having been
one of the principal causes of infidelity in
Europe, I do not accuse it without reason.
I repeat here, that it is by no means my intention
to overlook the efforts of some Protestants
to oppose infidelity; I do not assail persons,
but things, and I honor merit wherever I find
it. In fine, I will add, that if at the end of
the seventeenth century a considerable number
of Protestants displayed a tendency towards
Catholicity, we must seek the reason for it in
the progress which they saw infidelity making,—a
progress which it was impossible to check,
at least without holding fast to the anchor of
authority which the Catholic Church offered to
the whole world. I cannot, without exceeding
the limits which I have marked out for myself,
give a circumstantial detail of the correspondence
between Molanus and the Bishop of
Tyna, of Leibnitz and Bossuet. Readers who
desire to become thoroughly acquainted with
that affair, may examine it partly in the works
of Bossuet himself, and partly in the interesting
work of M. de Beausset, prefixed to some
editions of Bossuet.
Note 14, p. 86.
In order to form an idea of the state of
knowledge at the time of the appearance of
Christianity, and become convinced that there
was nothing to be expected from the human
mind abandoned to its own strength, it is
enough to recall to mind the monstrous sects
which every where abounded in the first ages
of the Church, the doctrines whereof formed
the most shapeless, extravagant, and immoral
compound that it is possible to conceive. The
names of Cerinthus, Menander, Ebion, Saturninus,
Basilides, Nicolas, Carpocrates, Valentinus,
Marcion, Montanus, and so many others,
remind us of the sects in which delirium was
connected with immorality. When we throw
a glance over these philosophico-religious sects,
we see that they were capable neither of conceiving
a philosophical system with any degree
of concert, nor of imagining a collection of
doctrines and practices to which the name of
religion can be applied. These men overturned,
mixed, and confounded all; Judaism, Christianity,
and the recollections of the ancient
schools, were all amalgamated in their deluded
heads; what they never forgot was, to give a
loose rein to all kinds of corruption and obscenity.
In the spectacle of these ages, a wide field
is opened to the conjectures of true philosophy.
What would have become of human knowledge,
if Christianity had not come to enlighten
the world with her celestial doctrines; if that
divine religion, confounding the foolish pride
of man, had not come to show him how vain
and senseless were his thoughts, and how far
he was removed from the path of truth? It
is remarkable that these same men, whose
aberrations make us shudder, gave themselves
the name of Gnostics, on account of the
superior knowledge with which they supposed
themselves to be endowed. We see that man
is at all times the same.
Note 15, p. 115.
I have thought that it would not be useless
to transcribe here, word for word, the canons
which I have mentioned in the text. My
readers may thereby acquire for themselves a
complete knowledge of what is found there;
and there will be no room left to suppose that
the real sense of the regulations has been
perverted in the extracts which I have given.
CANONS AND OTHER DOCUMENTS,
Which show the solicitude of the Church to
improve the lot of slaves, and the various
means she has used to accomplish the abolition
of slavery:
§ I.
A penance is imposed on the mistress who
maltreats her slave (ancillam).
(Concilium Eliberitanum, anno 305.)
"Si qua domina furore zeli accensa flagris
verberaverit ancillam suam, ita ut in tertium
diem animam cum cruciatu effundat; eo quod
incertum sit, voluntate an casu occiderit; si
voluntate, post septem annos, si casu, post
quinquennii tempora, acta legitima pœnitentia,
ad communionem placuit admitti. Quod si
infra tempora constituta fuerit infirmata, accipiat
communionem." (Canon 5.)
It must be observed, that the word 'ancillam'
means a slave properly so called, and
not any kind of servant. This appears, indeed,
from the words flagris verberaverit, which express
a chastisement reserved for slaves.
They excommunicate the master who, of his own
authority, beats his slave to death.
(Concilium Epaoense, anno 517.)
"Si quis servum proprium sine conscientia
judicis occiderit, excommunicatione biennii
effusionem sanguinis expiabit." (Canon 34.)
This same regulation is repeated in the 15th
canon of the 17th Council of Toledo, held in
694; even the words of the Council of Epaon
are there copied with very slight change.
(Ibid.) The slave guilty of an atrocious crime
was to escape corporeal punishments by taking
refuge in a church.
"Servus reatu atrociore culpabilis si ad ecclesiam
confugerit, a corporabilibus tantum
suppliciis excusetur. De capillis vero, vel
quocumque opere, placuit, a dominis juramenta
non exigi." (Canon 39.)
Very remarkable precautions to prevent masters
from maltreating the slaves who had taken
refuge in churches.
(Concilium Aurelianense quintum, anno 549.)
"De servis vero, qui pro qualibet culpa ad
ecclesiæ septa confugerint, id statuimus observandum,
ut, sicut in antiquis constitutionibus
tenetur scriptum, pro concessa culpa datis
a domino sacramentis, quisquis ille fuerit, expediatur
de venia jam securus. Enim vero si
immemor fidei dominus trascendisse convincitur
quod juravit, ut is qui veniam acceperat,
probetur postmodum pro ea culpa qualicumque
supplicio cruciatus, dominus ille qui immemor
fuit datæ fidei, sit ab omnium communione
suspensus. Iterum si servus de promissione
veniæ datis sacramentis a domino jam securus
exire noluerit, ne sub tali contumacia requirens
locum fugæ, domino fortasse dispereat, egredi
nolentem a domino eum liceat occupari, ut
nullam, quasi pro retentatione servi, quibuslibet
modis molestiam aut calumniam patiatur
ecclesia: fidem tamen dominus, quam pro concessa
venia dedit, nulla temeritate transcendat.
Quod si aut gentilis dominus fuerit, aut alterius
sectæ, qui a conventu ecclesiæ probatur extraneus,
is qui servum repetit, personas requirat
bonæ fidei Christianas, ut ipsi in persona
domini servo præbeant sacramenta: quia ipsi
possunt servare quod sacrum est, qui pro transgressione
ecclesiasticum metuunt disciplinam."
(Canon 22.)
It is difficult to carry solicitude for the lot
of slaves further. This document is very
curious.
They forbid bishops to mutilate their slaves:
they order that the duty of chastising them
should be left to the judge of the town, who,
nevertheless, could not cut off their hair, a
punishment which was considered too ignominious.
(Concilium Emeritense, anno 666.)
"Si regalis pietas pro salute omnium suarum
legum dignata est ponere decreta, cur religio
sancta per sancti concilii ordinem non habeat
instituta, quæ omnino debent esse cavenda?
Ideoque placuit huic sancto concilio, ut omnis
potestas episcopalis modum suæ ponat iræ;
nec pro quolibet excessu cuilibet ex familia,
ecclesiæ aliquod corporis membrorum sua
ordinatione præsumat extirpare aut auferre.
Quod si talis emerserit culpa, advocato judice
civitatis, ad examen ejus deducatur quod factum
fuisse asseritur. Et quia omnino justum
est, ut pontifex sævissimam non impendat vindictam;
quidquid coram judice verius patuerit,
per disciplinæ severitatem absque turpi decalvatione
maneat emendatum." (Canon 15.)
Priests are forbidden to have their slaves
mutilated.
(Concilium Toletanum undecimum, anno 675.)
"His a quibus domini sacramenta tractanda
sunt, judicium sanguinis agitare non licet: et
ideo magnopere talium excessibus prohibendum
est, ne indiscretæ præsumptionis motibus agitati,
aut quod morte plectendum est, sententia
propria judicare præsumant, aut truncationes
quaslibet membrorum quibuslibet personis aut
per se inferant, aut inferendas præcipiant.
Quod si quisquam horum immemor præceptorum,
aut ecclesiæ suæ familiis, aut in quibuslibet
personis tale quid fecerit, et concessi ordinis
honore privatus, et loco suo, perpetuo damnationis
teneatur religatus ergastulo: cui tamen
communio exeunti ex hac vita non neganda
est, propter domini misericordiam, qui non vult
peccatoris mortem, sed ut convertatur et vivat."
(Canon 6.)
It should be remarked, that the word familia,
employed in the two last canons which
we have just cited, should be understood of
slaves. The real meaning of this word is
clearly shown us by the 74th canon of the 4th
Council of Toledo.
"De familiis ecclesiæ constituere presbyteros
et diaconos per parochias liceat ..... ea
tamen ratione ut antea manumissi libertatem
status sui percipiant."
We see this word employed in the same
sense by Pope St. Gregory. (Epist. xliv. l. 4.)
A penance is imposed on the master who kills
his slave of his own authority.
(Concilium Wormatiense, anno 868.)
"Si quis servum proprium sine conscientia
judicum qui tale quid commiserit, quod morte
sit dignum, occiderit, excommunicatione vel
pœnitentia biennii, reatum sanguinis emendabit."
(Canon 38.)
"Si qua femina furore zeli accensa, flagris
verberaverit ancillam suam, ita ut intra tertium
diem animam suam cum cruciatu effundat,
eo quod incertum sit voluntate, an casu occiderit;
si voluntate, septem annos, si casu, per
quinque annorum tempora legitimam peragat
pœnitentiam." (Canon 39.)
They check the violence of those who, to revenge
themselves for the asylum granted to slaves,
take possession of the goods of the Church.
(Concilium Arausicanum primum, anno 441.)
"Si quis autem mancipia clericorum pro
suis mancipiis ad ecclesiam fugientibus crediderit
occupanda, per omnes ecclesias districtissima
damnatione feriatur." (Canon 6.)
§ II.
(Ibid.) They check all attempts made against
the liberty of slaves enfranchised by the
Church, or who have been recommended to her
by will.
"In ecclesia manumissos, vel per testamentum
ecclesiæ commendatos, si quis in servitutem,
vel obsequium, vel ad colonariam conditionem
imprimere tentaverit, animadversione ecclesiastica
coerceatur." (Canon 7.)
They secure the liberty of those who have received
the benefit of manumission in the
Churches. The latter are enjoined to take
upon themselves the defence of the enfranchised.
(Concilium quintum Aurelianense, anno 549.)
"Et quia plurimorum suggestione comperimus,
eos qui in ecclesiis juxta patrioticam
consuetudinem a servitiis fuerunt absoluti, pro
libito quorumcumque iterum ad servitium revocari,
impium esse tractavimus, ut quod in ecclesia
Dei consideratione a vinculo servitutis
absolvitur, irritum habeatur. Ideo pietatis
causa communi concilio placuit observandum,
ut quæcumque mancipia ab ingenuis dominis
servitute laxantur, in ea libertate maneant,
quam tunc a dominis perceperunt. Hujusmodi
quoque libertas si a quocumque pulsata
fuerit, cum justitia ab ecclesiis defendatur,
præter eas culpas, pro quibus leges collatas
servis revocare jusserunt libertates." (Canon
7.)
The Church is charged with the defence of the
enfranchised, whether they have been emancipated
within her enclosure, whether they have
been so by letter or testament, or have gained
their liberty by prescription. They restrain
the arbitrariness of the judges towards these
unfortunate persons. It is decided that the
Bishops shall take cognizance of these causes.
(Concilium Matisconense secundum, anno 585.)
"Quæ dum postea universo cœtui secundum
consuetudinem recitata innotescerent, Prætextatus
et Pappulus viri beatissimi dixerunt:
Decernat itaque, et de miseris libertis vestræ
auctoritatis vigor insignis, qui ideo plus a judicibus
affliguntur, quia sacris sunt commendati
ecclesiis: ut si quas quispiam dixerit contra
eos actiones habere, non audeat eos magistratus
contradere; sed in episcopi tantum judicio,
in cujus præsentia litem contestans, quæ sunt
justitiæ ac veritatis audiat. Indignum est
enim, ut hi qui in sacrosancta ecclesia jure
noscuntur legitimo manumissi, aut per epistolam,
aut per testamentum, aut per longinquitatem
temporis libertatis jure fruuntur, a quolibet
injustissime inquietentur. Universa sacerdotalis
Congregatio dixit: Justum est, ut
contra calumniatorum omnium versutias defendantur,
qui patrocinium immortalis ecclesiæ
concupiscunt. Et quicumque a nobis de libertis
latum decretum, superbiæ ausu prævaricare
tentaverit, irreparabili damnationis suæ sententia
feriatur. Sed si placuerit episcopo
ordinarium judicem, aut quemlibet alium sæcularem,
in audientiam eorum accersiri, cum
libuerit fiat, et nullus alius audeat causas
pertractare libertorum nisi episcopus cujus
interest, aut is cui idem audiendum tradiderit."
(Canon 7.)
The defence of the freed is confided to the priests.
(Concilium Parisiense quintum, anno 614.)
"Liberti quorumcumque ingenuorum a sacerdotibus
defensentur, nec ad publicum ulterius
revocentur. Quod si quis ausu temerario eos
imprimere voluerit, aut ad publicum revocare,
et admonitus per pontificem ad audientiam
venire neglexerit, aut emendare quod perpetravit
distulerit, communione privetur." (Canon
5.)
The enfranchised recommended to the Churches
shall be protected by the Bishops.
(Concilium Toletanum tertium, anno 589.)
"De libertis autem id Dei præcipiunt sacerdotes,
ut si qui ab episcopis facti sunt secundum
modum quo canones antiqui dant licentiam, sint
liberi; et tantum a patrocinio ecclesiæ tam ipsi
quam ab eis progeniti non recedant. Ab aliis
quoque libertati traditi, et ecclesiis commendati,
patrocinio episcopali tegantur, a principe
hoc episcopus postulet." (Canon 6.)
The Church undertakes to defend the liberty
and the property acquired by industry of the
enfranchised who have been recommended to
her.
(Concilium Toletanum quartum, anno 633.)
"Liberti qui a quibuscumque manumissi sunt,
atque ecclesiæ patrocinio commendati existunt,
sicut regulæ antiquorum patrum constituerunt,
sacerdotali defensione a cujuslibet insolentia
protegantur; sive in statu libertatis eorum, seu
in peculio quod habere noscuntur." (Cap. 72.)
The Church will defend the enfranchised: a regulation
which does not distinguish whether
they have been recommended to her or not.
(Concilium Agathense, anno 506.)
"Libertos legitime a dominis suis factos ecclesia,
si necessitas exegerit, tueatur; quod si
quis ante audientiam, aut pervadere, aut expoliare
præsumpserit, ab ecclesia repellatur."
(Canon 29.)
§ III.
The Church shall regard the ransom of captives
as her first care; she shall give their interests
the preference over her own, however bad may
be the state of her affairs.
"Sicut omnino grave est, frustra ecclesiastica
ministeria venundare, sic iterum culpa est, imminente
hujusmodi necessitate, res maxime desolatæ
Ecclesiæ captivis suis præponere, et in
eorum redemptione cessare." (Caus. xii. q. 2,
canon 16.)
Remarkable words of St. Ambrose touching the
ransom of captives. To perform this pious
duty, the holy Bishop breaks up and sells the
sacred vessels.
(S. Ambrosius de Off. lib. ii. cap. 15.)
(§ 70.) "Summa etiam liberalitas captos redimere,
eripere ex hostium manibus, subtrahere
neci homines, et maxime feminas turpidini, reddere
parentibus liberos, parentes liberis, cives
patriæ, restituere. Nota sunt hæc nimis Illyriæ
vastitate et Thraciæ: quanti ubique
venales erant captivi orbe....
Ibid. (§ 71.) "Præcipua est igitur liberalitas,
redimere captivos et maxime ab hoste barbaro,
qui nihil deferat humanitatis ad misericordiam,
nisi quod avaritia reservaverit ad redemptionem."
Ib. l. ii. c. 2 (§ 13.) "Ut nos aliquando in
invidiam incidimus, quod confregerimus vasa
mystica, ut captivos redimeremus, quod Arianis
displicere potuerat, nec tam factum displiceret,
quam ut esset quod in nobis reprehenderetur."
These noble and charitable sentiments were
not those of St. Ambrose only; his words are
but the expression of the feelings of the whole
Church. Without referring to numberless proofs
which I might adduce here, and before I pass
to the canons which I mean to insert, I will
copy some passages from a touching letter of
St. Cyprian, which contains the motives which
animated the Church in her pious enterprise,
and gives a lively description of her zeal and
charity in these admirable efforts.
"Cyprianus Januario, Maximo, Proculo,
Victori, Modiano, Nemesiano, Nampulo, et
Honorato, fratribus salutem. Cum maximo
animi nostri gemitu et non sine lacrymis legimus
litteras vestras, fratres carissimi, quas
ad nos pro dilectionis vestræ sollicitudine de
fratrum nostrorum et sororum captivitate fecistis.
Quis enim non doleat in ejusmodi
casibus, aut quis non dolorem fratris sui
suum proprium computet cum loquatur apostolus
Paulus et dicat: Si patitur unum membrum,
compatiuntur et cætera membra: si lætatur
membrum unum, collætantur et cætera
membra. (1 ad Cor. xii. 26.) Et alio loco: Quis
infirmatur, inquit, et non ego infirmor? (2 ad
Cor. xi. 29.) Quare nunc et nobis captivitas
fratrum nostra captivitas computanda est, et
periclitantium dolor pro nostro dolore numerandus
est, cum sit scilicet adunationis nostræ
corpus unum, et non tantum dilectio sed et
religio instigare nos debeat et confortare ad
fratrum membra redimenda. Nam cum denuo
apostolus Paulus dicat: Nescitis quia templum
Dei estis, et Spiritus Dei habitat in vobis? (1
ad Cor. iii. 16), etiamsi charitas nos minus
adigeret ad opem fratribus ferendam, considerandum
tamen hoc in loco fuit, Dei templum
esse quæ capta sunt, nec pati nos longa cessatione
et neglecto dolore debere, ut diu Dei
templa captiva sint; sed quibus possumus viribus
elaborare et velociter gerere ut Christum
judicem et Dominum et Deum nostrum promereamur
obsequiis nostris. Nam cum dicat
Paulus apostolus, Quotquot in Christo baptizati
estis, Christum induistis (ad Gal. iii. 27,) in
captivis fratribus nostrus contemplandus est
Christus et redimendus de periculo captivitatis,
qui nos de diaboli faucibus exuit, nunc ipse qui
manet et habitat in nobis de barbarorum manibus
exuatur, et redimatur nummaria quantitate
qui nos cruce redemit et sanguine.
Quantus vero communis omnibus nobis mœror
atque cruciatus est de periculo virginum quæ
illic tenentur? pro quibus non tantum libertatis,
sed et pudoris jactura plangenda est, nec
tam vincula barbarorum quam lenonum et lupanarium
stupra defienda sunt, ne membra
Christo dicata et in æternum continentiæ honorum
pudica virtute devota, insultantium libidine
et contagione fœdentur? Quæ omnia istic secundum
litteras vestras fraternitas nostra cogitans
et dolenter examinans, prompte omnes
et libenter ac largiter subsidia nummaria fratribus
contulerunt.
Misimus autem sestertia centum millia nummorum,
quæ istic in ecclesia cui de Domini
indulgentia præsumus, cleri et plebis apud nos
consistentis collatione, collecta sunt, quæ vos
illic pro vestra diligentia dispensabitis.
Si tamen ad explorandam nostri anima charitatem,
et examinandi nostri pectoris fidem tale
aliquid acciderit, nolite cunctari nuntiare hæc
nobis litteris vestris, pro certo habentes ecclesiam
nostram et fraternitatem istic universam,
ne hæc ultra fiant precibus orare, si facta
fuerint, libenter et largiter subsidia præstare."
(Epist. 60.)
Thus the zeal for the redemption of captives,
a zeal which was exerted with so much ardor
in later ages, had appeared in the earliest times
of the Church; this zeal was founded on grand
and sublime motives, which render this work
in some measure divine, and secure to those
who devote themselves to it an unfading crown.
Important information on this subject will be
found also in the works of St. Gregory. (V.
lib. iii. ep. 16; lib. iv. ep. 17; lib. vi. ep. 35;
lib. vii. ep. 26, 28, and 38; lib. ix. ep. 17.)
The property of the Church employed for the
redemption of captives.
(Concilium Matisconense secundum, anno 585.)
"Unde statuimus ac decernimus, ut mos
antiquus a fidelibus reparetur; et decimas
ecclesiasticis famulantibus ceremoniis populus
omnis inferat, quas sacerdotes aut in pauperum
usum aut in captivorum redemptionem prærogantes,
suis orationibus pacem populo ac salutem
impetrent: si quis autem contumax nostris
statutis saluberrimis fuerit, a membris ecclesiæ
omni tempore separetur." (Canon 5.)
It is allowed to break up the sacred vessels, in
order to devote the price of them to the redemption
of captives.
(Concilium Rhemense, anno 625 vel 630.)
"Si quis episcopus, excepto si evenerit ardua
necessitas pro redemptione captivorum ministeria
sancta frangere pro qualicumque conditione
presumpserit, ab officio cessabit ecclesiæ."
(Canon 22.)
The following canon informs us that the
Bishops gave letters of recommendation to the
captives; they are desired to state therein the
date and price of the ransom; they are requested
also to mention there the wants of those
who are thus restored to liberty.
(Concilium Lugdunense tertium, anno 583.)
"Id etiam de epistolis placuit captivorum,
ut ita sint sancti pontifices cauti, ut in servitio
pontificibus consistentibus qui eorum manu vel
subscriptione agnoscat epistolæ aut quælibet
insinuationum litteræ dari debeant, quatenus
de subscriptionibus nulla ratione possit Deo
propitio dubitari: et epistola commendationis
pro necessitate cujuslibet promulgata dies datarum
et pretia constituta, vel necessitates
captivorum quos cum epistolis dirigunt, ibidem
inserantur." (Canon 2.)
Excess into which some ecclesiastics allowed
themselves to fall, by an indiscreet zeal in
favor of captives.
(Synodus S. Patricii, Auxilii et Isernini Episcoporum
in Hibernia celebrata, circa annum Christi 450 vel
456.)
"Si quis clericorum voluerit juvare captivo
cum suo pretio illi subveniat, nam si per furtum
illum inviolaverit, blasphemantur multi clerici
per unum latronem, qui sic fecerit excommunionis
sit." (Canon 32.)
The church employed her property in the
ransom of captives; and when the latter had
afterwards acquired the means of repaying the
sums advanced for them, she refused all reimbursement
and graciously gave up the price of
the ransom.
(Ex epistolis S. Gregorii.)
"Sacrorum canonum statuta et legalis permittit
auctoritates, lici res ecclesiasticas in
redemptionem captivorum impendi. Et ideo,
quia edocti a vobis sumus, ante annos fere 18,
virum reverendissimum quemdam Fabium,
Episcopum Ecclesiæ Firmanæ, libras 11 argenti
de eadem ecclesia pro redemptione
vestra, ac patris vestri Passivi, fratris et co-episcopi
nostri, tunc vero clerici, necnon matris
vestræ, hostibus impendisse, atque ex hoc
quamdam formidinem vos habere, ne hoc quod
datum est, a vobis quolibet tempore repetatur,
hujus præcepti auctoritate suspicionem vestram
prævidimus auferendam; constituentes,
nullam vos exinde, hæredesque vestros quolibet
tempore repetitionis molestiam sustinere, nec
a quoquam vobis aliquam objici quæstionem."
(L. 7, ep. 14, et hab. Cuas. 12, q. 2, c. 15.)
The property of the Church served to ransom
captives.
(Concilium Vernense secundum, anno 844.)
"Ecclesiæ facultates quas reges et reliqui
christiani Deo voverunt, ad alimentum servorum
Dei et pauperum, ad exceptionem hospitum,
redemptionis captivorum, atque templorum
Dei instaurationem, nunc in usu sæcularium
detinentur. Hinc multi servi Dei penuriam
cibi et potus ac vestimentorum patiuntur,
pauperes consuetam eleemosynam non accipiunt,
negliguntur hospites, fraudantur captivi,
et fama omnium merito laceratur." (Canon 12.)
Let us observe in this canon the use which
the Church made of her property; after having
supported the clergy, and maintained divine
worship, she devoted it to succor the poor,
travellers or pilgrims, and to redeem captives.
I make this observation here, because the
opportunity offers; not because this canon is
the only proof of the excellent use which the
Church made of her property. Indeed, a great
number of others might be cited, beginning
with the canons called Apostolical. It is necessary
also to remark the expression which is
sometimes made use of to stigmatize the wickedness
of the spoilers of the Church, or of those
who administer her property badly; they are
called pauperum necatores, 'murderers of the
poor;' to make it well understood that one of
the principal objects of this property is the
support of the necessitous.
§ IV.
Those who attempt to take away the liberty of
persons are excommunicated.
(Concilium Lugdunense secundum, anno 566.)
"Et qui peccatis facientibus multi in perniciem
animæ suæ ita conati sunt, aut conantur
assurgere, ut animas longa temporis quiete sine
ulla status sui competitione viventes, nunc
improba proditione atque traditione, aut captivaverint
aut captivare conentur, si juxta
præceptum domini regis emendare distulerint,
quousque hos quos obduxerunt, in loco in quo
longum tempus quiete vixerint, restaurare debeant,
ecclesiæ communione priventur." (Canon
3.)
We see in this canon that private individuals,
by too frequent attempts, employed violence
to reduce free persons to slavery. At
this time, on account of the irruptions of the
barbarians, the state of Europe was such, that
public authority, weak in the extreme, did
not, properly speaking, exist. This is the reason
why it is so noble to see the Church struggling
every where to support public order, to
defend liberty, and excommunicating those
who attacked that liberty, in contempt of the
commands of the king.
The same abuse repressed.
(Concilium Rhemense, anno 625 vel 630.)
"Si quis ingenuum aut liberum ad servitium
inclinare voluerit, aut fortasse jam fecit, et
commonitus ab episcopo se de inquietudine
ejus revocare neglexerit, aut emendare noluerit,
tamquam calumniæ reum placuit sequestrari."
(Canon 17.)
It is declared that he who leads away a Christian
to sell him, is guilty of homicide.
(Concilium Confluentinum, anno 922.)
"Item interrogatum est, quid de eo faciendum
sit qui christianum hominem seduxerit,
et sic vendiderit: responsumque est ab omnibus,
homicidii reatum, ipsum hominem sibi
contrahere." (Canon 7.)
The traffic in men, practised at that time in
England, is proscribed; it is forbidden to
sell men like ignoble animals.
(Concilium Londinense, anno 1102.)
"Ne quis illud nefarium negotium quo hactenus
in Anglia solebant homines sicut bruta
animalia venundari, deinceps ullatenus facere
præsumat."
We see, from the canon which I have just
cited, to what point the Church had attained
in all that affects true civilization. We are in
the nineteenth century, and it is considered
that a great step has been gained in modern
civilization by the consent of the great European
nations to sign treaties to suppress the
slave-trade; now the canon which we have
just cited tells us, that at the beginning of the
twelfth century, and in that very town of
London, where the famous Convention was
lately held, the traffic in men was forbidden,
and stigmatized as it deserves. Nefarium
negotium—detestable trade—it is called by
the Council: infamous traffic, it is called
by modern civilization, the unconscious heir
of the thoughts and even the words of those
men who are treated by it as barbarians,
of those Bishops, whom calumny has more or
less represented as a band of conspirators
against the liberty and happiness of the human
race.
It is ordered that persons who have been sold or
pledged, shall immediately recover their liberty
by restoring the price received; it is ordained
that more shall not be required of them than
they shall have received for their liberty.
(Synodus incerti loci, circa annum 616.)
"De ingenuis qui se pro pecunia aut alia
revendiderint, vel oppignoraverint, placuit ut
quandoquidem pretium, quantum pro ipsis
datum est, invenire potuerunt, absque dilatione
ad statum suæ conditionis reddito pretio reformentur,
nec amplius quam pro eis datum
est requiratur. Et interim, si vir ex ipsis, uxorem
ingenuam habuerit, aut mulier ingenuum
habuerit maritum, filii qui ex ipsis nati fuerint,
in ingenuitate permaneant." (Canon 14.)
The text of this Council, held, according to
some, at Boneuil, well deserves to have some
remarks made on it. The beneficial regulation
which allowed a man who had been sold to
regain his liberty by paying the sum received,
checked an evil which was deeply rooted in
the customs of Gaul at that time, for we find
it at a very early period. We know, indeed,
from Cæsar, whose testimony we have cited in
the text, that many men of that country sold
their liberty to relieve themselves from difficulties.
Let us also remark the regulation
contained in the same canon with respect to
the children of the person who was sold;
whether it be the father or mother, the canon
prescribes, in both cases, that the children
shall be free; and it here departs from the
well known rule of civil law: partus sequitur
ventrem.
§ V.
It is forbidden to give up to the Jews the slaves
who have taken refuge in the churches; it matters
little whether they have chosen that asylum
because their masters obliged them to things
contrary to the Christian faith, or because
they have been maltreated by them after having
been once withdrawn from the sacred asylum
under the promise of pardon.
(Concilium Aurelianense tertium, anno 538.)
"De mancipiis Christianis, quæ in Judæorum
servitio detinentur, si eis quod Christiana religio
vetat, a dominis imponitur, aut si eos quos
de ecclesia excusatos tollent, pro culpa quæ
remissa est, affligere aut cædere fortasse præsumpserint,
et ad ecclesiam iterato confugerint,
nullatenus a sacerdote reddantur, nisi
pretium offeratur ac detur, quod mancipia ipsa
valere pronuntiaverit justa taxatio." (Canon
13.)
The precept given in the preceding canon is renewed;
a precept contained in the canon which
we have just cited.
(Concilium Aurelianense quartum, anno 541.)
"Cum prioribus canonibus jam fuerit definitum
ut de mancipiis Christianis, quæ apud
Judæos sunt, si ad ecclesiam confugerint, et
redimi se postulaverint, etiam ad quoscumque
Christianos refugerint, et servire Judæis noluerint,
taxato et oblato a fidelibus justo pretio,
ab eorum dominio liberentur, ideo statuimus, ut
tam justa constitutio ab omnibus catholicis
conservetur." (Canon 30.)
The Jew who perverts a Christian slave is punished
with the loss of all his slaves. (Ibid.)
"Hoc etiam decernimus observandum, ut
quicumque Judæus proselytum, qui advena dicitur,
Judæum facere præsumpserit, aut Christianum
factum ad Judaicam superstitionem adducere;
vel si Judæus Christianam ancillam
suam sibi crediderit sociandam; vel si de parentibus
Christianis natum, Judæum sub promissione
fecerit libertatis, mancipiorum amissione
mulctetur." (Canon 31.)
Jews are forbidden to have Christian slaves
henceforth; as to those who are in their power,
all Christians are allowed to ransom them by
paying their Jewish masters twelve solidi.
(Concilium Matisconense primum, anno 581.)
"Et liceat quid de Christianis qui aut de
captivitatis incursu, aut fraudibus Judæorum
servitio implicantur, debeat observari, non
solum canonicis statutis, sed et legum beneficio
pridem fuerit constitutum; tamen quia nunc
item quo rumdam querela exorta est, quosdam
Judæos, per civitates aut municipia consistentes,
in tantam insolentiam et proterviam prorupisse,
ut nec reclamantes Christianos liceat
vel pretio de eorum servitute absolvi: idcirco
præsenti concilio, Deo auctore, sancimus, ut
nullus Christianus Judæos deinceps debeat deservire;
sed datis pro quolibet bono mancipio
12 solidis, ipsum mancipium quicumque Christianus,
seu ad ingenuitatem, seu ad servitium,
licentiam habeat redimendi; quia nefas est, ut
quos Christus Dominus sanguinis sui effusione
redemit, persecutorum vinculis maneant irretiti.
Quod si acquiescere his quæ statuimus
quicumque Judæus noluerit, quamdiu ad pecuniam
constitutam venire distulerit, liceat mancipio
ipsi cum Christianis ubicumque voluerit
habitare. Illud etiam specialiter sancientes,
quod si quis Judæus Christianum mancipium
ad errorem Judaicum convictus fuerit suasisse,
ut ipse mancipio careat, et legandi damnatione
plectatur." (Canon 16.)
The preceding canon is almost equivalent to
a decree for the entire emancipation of Christian
slaves; for if, on the one hand, Jews were
forbidden to acquire new Christian slaves, and,
on the other, those who were in their possession
could be redeemed by the first Christian
who came, it is clear that the charity of the
faithful thus finding a door open to it, the
number of Christian slaves who groaned in the
power of the Jews must have diminished in an
extraordinary manner. It is not said that
these canonical regulations of the Church from
the first moment obtained all the result which
was intended; but, as she was the only power
that remained standing at that time, and the
only one that exercised influence on the nations,
it cannot be doubted that her regulations
were infinitely advantageous to those in whose
favor they were established.
Jews are forbidden to acquire Christian slaves.
If a Jew perverts to Judaism, or circumcises
a Christian slave, the latter becomes free without
having any thing to pay to his master.
(Concilium Toletanum tertium, anno 589.)
"Suggerente concilio, id gloriossimus dominus
noster canonibus inserendum præcipit, ut
Judæis non liceat Christianas habere uxores,
neque mancipia comparare in usus proprios....
"Si qui vero Christiani ab eis Judaico ritu
sunt maculati, vel etiam circumcisi, non reddito
pretio ad libertatem et religionem redeant
Christianam." (Canon 14.)
This canon is remarkable, both because it
protects the conscience of the slave, and imposes
on masters a punishment favorable to
liberty. This manner of checking the arbitrary
power of those who violated the consciences
of their slaves, is found, during the
following century, in a curious example contained
in the collection of the laws of Ina,
queen of the West Saxons. It is this:
If a master makes his slave work on Sunday,
the slave becomes free.
(Leges Ynæ reginæ Saxonum Occiduorum, anno 692.)
"Si servus operetur die dominica per præceptum
domini sui, sit liber." (Leg. iii.)
Another curious example:
If a master gives meat to a slave on a fasting-day,
the slave becomes free.
(Concilium Berghamstedæ anno 5o Withredi regis
Cantii, id est Christi 697: sub Bertualdo Cantuariensi
archiepiscopo celebratum. Hæc sunt judicia
Withredi regis Cantuariorum.)
"Si quis servo suo carnem in jejunio dediderit
comedendam, servus liber exeat." (Canon
15.)
It is definitively forbidden for Jews to have
Christian slaves; all contravention of this
order shall deprive the Jews of all their
slaves, who shall obtain their liberty from the
prince.
(Concilium Toletanum quartum, anno 633.)
"Ex decreto gloriosissimi principis hoc sanctum
elegit concilium, ut Judæis non liceat
Christianos servos habere, nec Christiana mancipia
emere, nec cujusquam consequi largitate:
nefas est enim ut membra Christi serviant Antichristi
ministris. Quod si deinceps servos
Christianos, vel ancillas Judæi habere præsumpserint,
sublati ab eorum dominatu libertatem
a principe consequantur." (Canon 66.)
It is forbidden to sell Christian slaves to Jews
or Gentiles; if such sales have been made,
they shall be annulled.
(Concilium Rhemense, anno 625.)
"Ut Christiani Judæis vel Gentilibus non
vendantur; et si quis Christianorum necessitate
cogente mancipia sua Christiana elegerit
venundanda, non aliis nisi tantum Christianis
expendat. Nam si paganis aut Judæis vendiderit,
communione privetur, et emptio careat
firmitate." (Canon 11.)
No precaution was too great in those unhappy
times. It might appear at first that such
regulations were an effect of the intolerance
of the Church with respect to the Jews and
Pagans; and yet, in reality, they were a barrier
against the barbarism which invaded all;
they were a guarantee of the most sacred
rights of man; so much the more necessary,
as all the others, it may be said, had disappeared.
Read the document which we are
about to transcribe; you will there see that
barbarism was carried so far, that slaves were
sold to the Pagans to be sacrificed.
(Gregorius Papa III. ep. ad Bonifacium Archiepiscopum,
anno 731.)
"Hoc quoque inter alia crimina agi in partibus
illis dixisti, quod quidam ex fidelibus ad
immolandum paganis sua venundent mancipia.
Quod ut magnopere corrigere debeas, frater,
commonemus, nec sinas fieri ultra; scelus est
enim et impietas. Eis ergo qui hæc perpetraverunt,
similem homicidæ indices pœnitentiam."
These excesses must have occupied the active
attention of the Church, as we see the
Council of Liptines, held in 743, again insist
on this point, and forbid Christian slaves to be
given up to the Gentiles.
"Et ut mancipia Christiana paganis non
tradantur." (Canon 7.)
It is forbidden to sell a Christian slave out of
the territory comprised within the kingdom of
Clovis.
(Concilium Cabilonense, anno 650.)
"Pietatis est maximæ et religionis intuitus,
ut captivitatis vinculum omnino a Christianis
redimatur. Unde sancta Synodus noscitur censuisse,
ut nullus mancipium extra fines vel terminos,
qui ad regnum domini Clodovei regis
pertinent, debeat venundare, ne quod absit,
per tale commercium, aut captivitatis vinculo,
vel quod pejus est, Judaica servitute mancipia
Christiana teneantur implicita." (Canon 9.)
This canon, which forbids the selling of Christian
slaves out of the kingdom of Clovis, for
fear that they should fall into the power of the
Pagans and Jews, and the other of the Council
of Rheims, cited above, which contains a similar
regulation, are worthy of remark, under
two aspects; they show, 1st, the high respect
which we ought to have for the soul of man,
even of him who is a slave, since it is forbidden
to sell him where his conscience might be in
danger: a respect which it was very important
to maintain, both in order to eradicate the erroneous
maxims of antiquity on this point,
and because it was the first step towards emancipation.
2d. By limiting the power of sale,
there was introduced into that kind of property
a law which distinguished it from others, and
placed it in a different and more elevated category.
This was a great step made towards
declaring open war against this property itself,
and abolishing it by legitimate means.
Clerics who sold their slaves to Jews are severely
reproved: they are threatened with alarming
punishments.
(Concilium decimum Toletanum, anno 656.)
"Septimæ collationis immane satis et infandum
operationis studium nunc sanctum nostrum
adiit concilium; quod plerique ex sacerdotibus
et levitis, qui pro sacris ministeriis, et pietatis
studio, gubernationisque augmento sanctæ ecclesiæ
deputati sunt officio, malunt imitari turbam
malorum, potius quam sanctorum patrum
insistere mandatis: ut ipsi etiam qui redimere
debuerunt, venditiones facere intendant, quos
Christi sanguine præsciunt esse redemptos; ita
duntaxat, ut eorum dominio qui sunt empti in
ritu Judaismo convertantur oppressi, et fit execrabile
commercium, ubi nitente Deo justum
est sanctum adesse conventum; quia majorum
canones vetuerunt ut nullus Judæorum conjugia
vel servitia habere præsumat de Christianorum
cœtu."
Here the Council eloquently reprimands the
guilty; it continues:
"Si quis enim post hanc definitionem talia
agere tentaverit, noverit se extra ecclesiam
fieri, et præsenti, et futuro judicio cum Juda
simili pœna percelli, dum modo Dominum
denuo proditionis pretio malunt ad iracundiam
provocare." (Canon 7.)
§ VI.
Pope St. Gregory the First gives freedom to
two slaves of the Church of Rome. Remarkable
passage, in which this holy pope explains the
motives which induced the Christians to enfranchise
their slaves.
"Cum Redemptor noster totius conditor creaturæ
ad hoc propitiatus humanam voluerit carnem
assumere, ut divinitatis suæ gratia, diruto
quo tenebamur captivi vinculo servitutis, pristinæ
nos restitueret libertati; salubriter agiter,
si homines quos ab initio natura creavit liberos
et protulit, et jus gentium jugo substituit servitutis,
in ea natura in qua nati fuerant, manumittentis
beneficio, libertati reddantur. Atque
ideo pietatis intuitu, et hujus rei consideratione
permoti, vos Montanam atque Thomam famulos
sanctæ Romanæ Ecclesiæ, cui Deo adjutore
deservimus, liberos ex hac die civesque
Romanos efficimus, omneque vestrum vobis
relaxamus servitutis peculium." (S. Greg. l.
v. ep. 12.)
Bishops are directed to respect the liberty of
those who have been enfranchised by their
predecessors. Mention is made of the power
given to Bishops to free their slaves who deserve
well, and the sum is fixed which they may give
them to aid them in living.
(Concilium Agathense, anno 506.)
"Sane si quos de servis ecclesiæ benemeritos
sibi episcopus libertate donaverit, collatam
libertatem a successoribus placuit custodiri,
cum hoc quod eis manumissor in libertate contulerit,
quod tamen jubemus viginti solidorum
numerum, et modum in terrula, vineola, vel
hospitiolo tenere. Quod amplius datum fuerit,
post manumissoris mortem ecclesia revocabit."
(Canon 7.)
What has been mortgaged or alienated from the
property of the Church by a Bishop who has
left nothing of his own, must be restored; but
enfranchised slaves are excepted from this
rule: they shall preserve their liberty.
(Concilium Aurelianense quartum, anno 541.)
"Ut episcopus qui de facultate propria ecclesiæ
nihil relinquit, de ecclesiæ facultate si quid
aliter quam canones eloquunter obligaverit,
vendiderit, aut distraxerit, ad ecclesiam revocetur.
Sane si de servis ecclesiæ libertos fecerit
numero competenti, in ingenuitate permaneant,
ita ut ab officio ecclesiæ non recedant." (Canon
9.)
An English Council ordains that, at the death
of each Bishop, all his English slaves shall be
freed. The solemnization of the obsequies is
regulated; to terminate the funeral ceremonies,
each Bishop and abbot shall enfranchise three
slaves, by giving them each three solidi.
(Synodus Cellichytensis, anno 816.)
"Decimo jubetur, et hoc firmiter statuimus
asservandum, tam in nostris diebus, quamque
etiam futuris temporibus, omnibus successoribus
nostris qui post nos illis sedibus ordinentur
quibus ordinati sumus: ut quandocumque aliquis
ex numero episcoporum migraverit de
sæculo, hoc pro anima illius præcipimus, ex
substantia uniuscumque rei decimam partem
dividere, ac distribuere pauperibus in eleemosynam,
sive in pecoribus, et armentis, seu
de ovibus et porcis, vel etiam in cellariis,
nec non omnem hominem Anglicum liberare, qui
in diebus suis sit servituti subjectus, ut per illud
sui proprii laboris fructum retributionis percipere
mereatur, et indulgentiam peccatorum.
Nec ullatenus ab aliqua persona huic capitulo
contradicatur, sed magis, prout condecet, a
successoribus augeatur, et ejus memoria semper
in posterum per universas ecclesias nostræ
ditioni subjectas cum Dei laudibus habeatur et
honoretur. Prorsus orationes et eleemosynas
quæ inter nos specialiter condictam habemus,
id est, ut statim per singulas parochias in
singulis quibusque ecclesiis, pulsato signo, omnis
famulorum Dei cœtus ad basilicam conveniant,
ibique pariter XXX psalmos pro defuncti
animæ decantent. Et postea unusquisque antistes
et abbas sexcentos psalmos, et centum viginti
missas celebrare faciat, et tres homines
liberet et eorum cuilibet tres solidos distribuat."
(Canon 10.)
A curious document, which shows the generous
resolution made by the Council of Armagh
in Ireland, to give liberty to all the English
slaves.
(Concilium Ardamachiense in Hibernia celebratum,
anno 1171: ex Giraldo Cambrensi, cap. xxviii.
Hiberniæ expugnatæ.)
"His completis convocato apud Ardamachiam
totius Hiberniæ clero, et super advenarum
in insulam adventu tractato diutius et
deliberato, tandem communis omnium in hoc
sententia resedit: propter peccata scilicet populi
sui, eoque præcipue quod Anglos olim, tam
a mercatoribus, quam prædonibus atque piratis,
emere passim, et in servitutem redigere consueverant,
divinæ censura vindictæ hoc eis
incommodum accidisse, ut et ipsi quoque ab
eadem gente in servitutem vice reciproca jam
redigantur. Anglorum namque populus adhuc
integro eorum regno, communi gentis vitio,
liberos suos venales exponere, et priusquam
inopiam ullam aut inediam sustinerent, filios
proprios et cognatos in Hiberniam vendere
consueverant. Unde et probabiliter credi potest,
sicut venditores olim, ita et emptores, tam
enormi delicto juga servitutis jam meruisse.
Decretum est itaque in prædicto concilio, et
cum universitatis consensu publice statutum,
ut Angli ubique per insulam, servitutis vinculo
mancipati, in pristinam revocentur libertatem."
It is thus that religious ideas influence and
soften the ferocious manners of nations. When
a public calamity occurs, they immediately find
its cause in the divine anger, justly excited by
the traffic which the Irish carried on by buying
English slaves of merchants, robbers, and
pirates. It is not less curious to learn, that at
that time the English were barbarous enough
to sell their children and relations, like the
Africans of our days. This frightful custom
must have been pretty general, as we read in
the passage quoted, that it was the common
vice of those nations: communi gentis vitio.
This makes us better understand the necessity
of a regulation inserted above, that of the
Council of London, held in 1102, which proscribes
this infamous traffic in men.
It is forbidden to change the slaves of the Church
for other slaves, unless the exchange procured
their liberty.
(Ex concilio apud Sylvanectum, anno 864.)
"Mancipia ecclesiastica, nisi ad libertatem
non convenit commutari; videlicet ut mancipia,
quæ pro ecclesiastico homine dabuntur, in ecclesiæ
servitute permaneant, et ecclesiasticus
homo, qui commutatur, fruatur perpetua libertate.
Quod enim semel Deo consecratum est,
ad humanos usus transferri non decet." (V.
Decret. Greg. IX., l. iii. tit. 19, cap. 3.)
A Canon containing the same regulation as the
preceding; and whence, moreover, it appears,
that the faithful, for the salvation of their
souls, were accustomed to offer their slaves to
God and the Saints.
(Ex eodem, anno 864.)
"Injustum videtur et impium, ut mancipia,
quæ fideles Deo et sanctis ejus pro remedio
animæ suæ consecrarunt, cujuscumque muneris
mancipio, vel commutationis commercio iterum
in servitutem secularium redigantur, cum canonica
auctoritas servos tantummodo permittat
distrahi fugitives. Et ideo ecclesiarum rectores
summopere caveant, ne eleemosyna unius, alterius
peccatum fiat. Et est absurdum, ut ab
ecclesiastica dignitate servus discedens, humanæ
sit obnoxius servituti." (Ibid. cap. 4.)
Freedom shall be granted to slaves who wish to
embrace the monastic state, yet without neglecting
useful precautions to ascertain the
reality of their vocation.
(Concilium Romanum sub S. Gregorio I., anno 597.)
"Multos de ecclesiastica seu sæculari familia,
novimus ad omnipotentis Dei servitium festinare,
ut ab humana servitute liberi in divino
servitio valeant familiarius in monasteriis conversari,
quos si passim dimittimus, omnibus
fugiendi ecclesiastici juris dominium occasionem
præbemus: si vero festinantes ad omnipotentis
Dei servitium, incaute retinemus, illi
invenimur negare quædam qui dedit omnia.
Unde necesse est, ut quisquis ex juris ecclesiastici
vel sæcularis militiæ servitute ad Dei
servitium converti desiderat, probetur prius in
laico habitu constitutus: et si mores ejus atque
conversatio bona desiderio ejus testimonium
ferunt, absque retractatione servire in monasterio
omnipotenti Domino permittatur, ut ab
humano servitio liber recedat, qui in divino
obsequio districtiorem appetit servitutem." (S.
Greg. epist. 44. lib. iv).
The abuse of ordaining slaves without the consent
of their masters had spread; this abuse
is checked.
(Ex epistolis Gelasii Papæ.)
"Ex antiquis regulis et novella synodali explanatione
comprehensum est, personas obnoxias
servituti, cingulo cœlestis militiæ non
præcingi. Sed nescio utrum ignorantia an
voluntate rapiamini, ita ut ex hac causa nullus
pene Episcoporum videatur extorris. Ita enim
nos frequens et plurimorum querela nos circumstrepit,
ut ex hac parte nihil penitus putetur
constitutum." (Distin. 54. c. 9.)
"Frequens equidem, et assidua nos querela,
circumstrepit de his pontificibus, qui nec antiquas
regulas nec decreta nostra noviter directa
cogitantes, obnoxias possessionibus obligatasque
personas, venientes ad clericalis officii
cingulum non recusant." (Ibid. c. 10.)
"Actores siquidem filiæ nostræ illustris et
magnificæ feminæ, Maximæ, petitorii nobis
insinuatione conquesti sunt, Sylvestrum atque
Candidum, originarios suos, contra constitutiones,
quæ supradictæ sunt, et contradictione
præeunte a Lucerino Pontifice diaconos ordinatos."
(Ibid c. 11.)
"Generalis etiam querelæ vitanda præsumptio
est, qua propemodum causantur universi,
passim servos et originarios, dominorum jura,
possessionumque fugientes, sub religiosæ conversationis
obtentu, vel ad monasteria sese
conferre, vel ad ecclesiasticum famulatum, conniventibus
quippe præsulibus, indifferenter
admitti. Quæ modis omnibus est amovenda
pernicies, ne per Christiani nominis institutum
aut aliena pervadi, aut publica videatur disciplina
subverti." (Ibid. c. 12.)
The parish priests are allowed to choose some
clerics from the slaves of the Church.
(Concilium Emeritense, anno 666.)
"Quidquid unanimiter digne disponitur in
sancta Dei ecclesia, necessarium est ut a parochitanis
presbyteris custoditum maneat. Sunt
enim nonnulli, qui ecclesiarum suarum res ad
plenitudinem habent, et sollicitudo illis nulla
est habendi clericos, cum quibus omnipotenti
Deo laudum debita persolvant officia. Proinde
instituit hæc sancta synodus, ut omnes parochitani
presbyteri, juxta ut in rebus sibi a Deo
creditis sentiunt habere virtutem, de ecclesiæ
suæ familia clericos sibi faciant; quos per
bonam voluntatem ita nutriant, ut et officium
sanctum digne paragant, et ad servitium suum
aptos eos habeant. Hi etiam victum et vestitum
dispensatione presbyteri merebuntur, et
domino et presbytero suo, atque utilitati ecclesiæ
fideles esse debent. Quod si inutiles apparuerint
ut culpa patuerit, correptione disciplinæ
feriantur; si quis presbyterorum hanc sententiam
minime custodierit, et non adimpleverit,
ab episcopo suo corrigatur: ut plenissime custodiat,
quod digne jubetur." (Canon 18.)
It is prescribed to the Bishops to confer liberty
on the slaves of the Church before they admit
them into the clerical body.
(Concilium Toletanum nonum, anno 655.)
"Qui ex familiis ecclesiæ servituri devocantur
in clerum ab episcopis suis, necesse est, ut
libertatis percipiant donum: et si honestæ vitæ
claruerint meritis, tunc demum majoribus fungantur
officiis." (Canon 11.)
It is allowed to ordain the slaves of the Church,
liberty having been previously conferred on
them.
(Concilium quartem Toletanum, anno 633.)
"De familiis ecclesiæ constituere presbyteros
ut diaconos per parochias liceat; quos tamen
vitæ rectitudo et probitas morum commendat:
ea tamen ratione, ut antea manumissi libertatem
status sui percipiant, et denuo ad ecclesiasticos
honores succedant; irreligiosum est enim
obligatos existere servituti, qui sacri ordinis
suscipiunt dignitatem."
§ VII.
We have shown in the text by what means,
with what wisdom and perseverance Christianity
abolished slavery in the ancient world;
Christian and Catholic Europe was free at the
time when Protestantism appeared. Let us
now see what Catholicity has done in modern
times, with respect to slaves in other parts of
the world. We can present to our readers in
one document, which is the evidence of the
ideas and feelings of the Sovereign Pontiff
Gregory XVI., an interesting history of the
solicitude of the Roman See in favor of the
slaves of the whole universe. I mean the
apostolical letters published at Rome, November
3, 1839, against the slave-trade; and I
recommend the perusal of them. It will be
there seen, in the most authentic and decisive
manner, that the Catholic Church, on this important
subject of slavery, has always showed,
and shows still, the most lively spirit of charity,
without in the least offending against justice,
or for a moment departing from the path of
prudence.
"Gregorius P. P. XVI. ad futuram rei memoriam.
"Raised to the supreme degree of the apostolical
dignity, and filling, although without
any merit on our part, the place of Jesus
Christ, the Son of God, who, by the excess of
His charity, has deigned to become man, and
die for the redemption of the world; we consider
that it belongs to our pastoral solicitude
to exert all our efforts to prevent Christians
from engaging in the trade in blacks or any
other men, whoever they may be.
"As soon as the light of the Gospel began
to spread, the unfortunate men who fell into
the hard fate of slavery during the numerous
wars of that period, felt their condition improved;
for the apostles, inspired by the Spirit
of God, on the one hand, taught slaves to obey
their earthly masters, as Jesus Christ Himself,
and to be resigned from the bottom of their
heart to the will of God; but, on the other,
they commanded masters to behave well to
their slaves, to grant them what was just and
equitable, and not to treat them with anger,
knowing that the Lord of both is in heaven,
and that with Him there is no distinction of
persons.
"The law of the Gospel having very soon
universally and fundamentally ordained sincere
charity towards all, and the Lord Jesus having
declared that He would regard as done or refused
to Himself all the acts of beneficence
and mercy done or refused to the poor and
little ones—it naturally followed that Christians
not only regarded their slaves as brethren,
above all when they were become Christians,
but that they were more inclined to give liberty
to those who rendered themselves worthy of
it. This usually took place particularly on
the solemn feasts of Easter, as St. Gregory of
Nyssa relates. There were even found some
who, inflamed with more ardent charity, embraced
slavery for the redemption of their
brethren; and an apostolic man, our predecessor,
Pope Gregory I., of sacred memory, attests
that he had known a great many who performed
this work of mercy. Wherefore the darkness
of Pagan superstition being entirely dissipated
in the progress of time, and the
manners of the most barbarous nations being
softened,—thanks to the benefit of faith working
by charity,—things advanced so far, that
for many centuries there have been no slaves
among the greater part of Christian nations.
Yet (we say it with profound sorrow) men have
been since found, even among Christians, who,
shamefully blinded by the desire of sordid
gain, have not hesitated to reduce into slavery,
in distant countries, Indians, Negroes, and
other unfortunate races; or to assist in this
scandalous crime, by instituting and organizing
a traffic in these unfortunate beings, who had
been loaded with chains by others. A great
number of the Roman Pontiffs, our predecessors
of glorious memory, have not forgotten to
stigmatize, throughout the extent of their
jurisdiction, the conduct of these men as injurious
to their salvation, and disgraceful to
the Christian name; for they clearly saw that
it was one of the causes which tended most
powerfully to make infidel nations continue in
their hatred to the true religion.
"This was the object of the apostolical letters
of Paul III., of the 29th of May, 1537, addressed
to the Cardinal Archbishop of Toledo,
under the ring of the fisherman, and other
letters, much more copious, of Urban VIII.,
of the 22d April, 1639, addressed to the collector
of the rights of the Apostolic Chamber
in Portugal,—letters, in which the most severe
censures are cast upon those who venture to
reduce the inhabitants of the East or West
Indies into slavery, buy, sell, give, or exchange
them, separate them from their wives and
children, strip them of their property, take or
send them into strange places, or deprive them
of their liberty in any way; to retain them in
slavery; or aid, counsel, succor, or favor those
who do these things under any color or pretence
whatever; or preach or teach that this
is lawful, and, in fine, co-operate therewith in
any way whatever. Benedict XIV. has since
confirmed and renewed these pontifical ordinances
before mentioned by new apostolical
letters to the Bishops of Brazil and some other
countries, dated the 20th December, 1741, by
means of which he calls forth the solicitude of
the Bishops for the same purpose. A long
time before, another of our more ancient predecessors,
Pius II., whose pontificate saw the
empire of the Portuguese extended in Guinea
and in the country of the blacks, addressed
letters, dated the 7th of October, 1482, to the
Bishop of Ruvo, who was ready to depart for
those countries: in these letters he did not
confine himself to giving to this prelate the
means requisite for exercising the sacred ministry
in those countries with the greatest fruit,
but he took occasion very severely to blame
the conduct of those who reduced the neophytes
into slavery. In fine, in our days, Pius
VII., animated by the same spirit of charity
and religion as his predecessors, zealously interposed
his good offices with men of authority
for the entire abolition of the slave-trade
among Christians.
"These ordinances, and this solicitude of our
predecessors, have availed not a little, with the
aid of God, in defending the Indians, and other
nations who have just been mentioned, against
the barbarity of conquest, and the cupidity of
Christian merchants; but the Holy See is far
from being able to boast of the complete success
of its efforts and zeal, for, if the slave-trade
has been partially abolished, it is still
carried on by a great many Christians. Wherefore,
desiring to remove such a disgrace from
all Christian countries, after having maturely
considered the matter with many of our venerable
brethren, the Cardinals of the Holy
Roman Church, assembled in Council, following
the example of our predecessors, by virtue of
the apostolic office, we warn and admonish in
the Lord all Christians, of whatever condition
they may be, and enjoin upon them that, for
the future, no one shall venture unjustly to
oppress the Indians, Negroes, or other men,
whoever they may be; to strip them of their
property or reduce them into servitude: or
give aid or support to those who commit such
excesses, or carry on that infamous traffic, by
which the blacks, as if they were not men, but
mere impure animals, reduced like them into
servitude, without any distinction, contrary to
the laws of justice and humanity, are bought,
sold, and devoted to endure the hardest labors;
and on account of which dissensions are excited
and almost continual wars are fomented
among nations by the allurements of gain offered
to those who first carry away the Negroes.
"Wherefore, by virtue of the apostolical
authority, we condemn all these things aforesaid,
as absolutely unworthy of the Christian
name; and, by the same authority, we absolutely
prohibit and interdict all ecclesiastics
and laymen from venturing to maintain that
this traffic in blacks is permitted, under any
pretext or color whatsoever; or to preach or
teach in public or in private, in any way whatever,
anything, contrary to these apostolic
letters. And in order that these letters may
come to the knowledge of all, and that no one
may pretend ignorance, we ordain and decree
that they be published and posted up, according
to custom, by one of our officers, on the
doors of the basilica of the Prince of the Apostles,
of the Apostolic Chancery, of the Palace
of Justice, of Monte Citorio, and at the Campo
di Fiori. Given at Rome, at St. Mary Major's,
under the seal of the fisherman, the 3d of November,
1839, the ninth year of our Pontificate.
Louis, Cardinal Lambruschini."
I again particularly invite attention to the
document which I have just inserted—to these
letters which magnificently crown the united
efforts of the Church for the abolition of slavery.
As the abolition of the slave-trade—the object
of a treaty recently made between the great
powers—is at this moment one of the affairs
which occupy the chief attention of Europe, it
is proper to pause a few moments, to reflect on
the contents of the apostolic letters of the
Sovereign Pontiff Gregory XVI. Let us observe,
in the first place, that in the year 1482,
Pope Pius II. addressed apostolical letters to
the Bishop of Ruvo, about to depart for the
newly discovered countries—letters, in which
he did not exclusively confine himself to giving
the prelate the powers necessary to exercise
his holy ministry with the greatest fruit in
those countries, but in which he takes occasion
to censure very severely the conduct of Christians
who reduced the neophytes into slavery.
Exactly at the end of the fifteenth century, at
the time when it may be said that the Church
gathering the last fruit of her long labors, at
length saw Europe emerge from the chaos in
which the irruption of the barbarians had
plunged her; at the time when the social and
political institutions were developed with daily
increasing ardor, and began to form a regular
and coherent body; at this moment the Church
resumes her secular contest with another barbarism
which reappeared in distant countries;
she opposes the abuse of the superiority of
strength and intelligence, which the conquerors
possessed over the conquered nations.
This fact alone proves that, for the true
liberty and well-being of nations, for the just
pre-eminence of right over might, and for the
triumph of justice over force, the intelligence
and refinement of nations are not enough—religion
also is required. In ancient times, we
see nations cultivated to the highest point
commit unheard of atrocities; and in modern
times, Europeans, so proud of their knowledge
and advancement, introduce slavery among
the unfortunate nations who have fallen under
their dominion. Now, who was the first to
raise a voice against such injustice—against
such horrible barbarity? It was not policy,
which perhaps rejoiced to see its conquests
consolidated by slavery; it was not commerce
which found in this infamous traffic an easy
means of making shameful but abundant
profits; it was not philosophy, which, fully
explaining the doctrines of Plato and Aristotle,
would perhaps have seen without concern the
resuscitation of the degrading theory of races
born for slavery; but it was the Catholic religion,
expressing herself by the mouth of the
Vicar of Jesus Christ.
It is certainly a consolatory spectacle for
Catholics to see a Roman Pontiff, four centuries
ago, condemn what Europe, with all her civilization
and refinement, condemns only at the
present day. Still, Europe only does so with
difficulty; and all those who take part in this
tardy condemnation are not exempt from the
suspicion of being actuated by motives of
interest. No doubt the Roman Pontiff did not
effect all the good he intended; but doctrines
do not remain sterile when they emanate from
a high quarter, whence, diffusing themselves to
great distances, they descend on persons who
receive them with veneration, if it were only
on account of him who teaches them. The
conquering nations were then Christians, and
sincere ones; it is therefore indubitable, that
the admonitions of the Pope, transmitted by
the mouths of Bishops and other priests, must
have had very salutary effects. If, in cases
like this, where we see a measure taken against
an evil, the evil nevertheless resists and continues,
we imagine, by a grievous mistake, that
the measure has been vain, and that its author
has produced no effect. It is one thing to extirpate,
and another to diminish an evil; and
it cannot be doubted that, if the Bulls of the
Popes had not all the effect intended, they
must nevertheless have served to diminish the
evil, by improving the lot of nations fallen
under the yoke. The evil prevented and
avoided is not seen; the preservative has hindered
its existence: but the existing evil is
palpable—it affects us, it excites our regret,
and we often forget the gratitude due to the
hand which has preserved us from greater
evils. How often is it thus with respect to religion!
She cures many things, but she prevents
still more. If she takes possession of the
heart of man, it is in order to destroy there
even the very roots of a thousand evils.
Let us imagine the Europeans of the fifteenth
century invading the East and West Indies,
without any check, guided only by the inspirations
of cupidity, and by the caprices of arbitrary
power, full of the pride of conquerors,
and of the contempt with which the Indians
must have inspired them, on account of the
inferiority of their knowledge, and of their
backwardness in civilization and refinement:
what must have happened? If, in spite of the
incessant cries of religion, in spite of the influence
which she had on laws and manners,
the conquered nations have had so much to
suffer, would not the evil have been carried to
an intolerable extent, without those powerful
causes which incessantly combated, prevented
or diminished it? The conquered would have
been reduced into slavery en masse; they would
have been condemned en masse to perpetual
degradation; they would have been deprived
even of the hope of one day entering on the
career of civilization.
If the conduct of Europeans at that time
with respect to men of other races—if the conduct
of some nations of our own days is to be
deplored, it cannot be said at least that the
Catholic religion has not opposed such excesses
with all her strength; it cannot be said that
the Head of the Church has ever allowed these
evils to pass without raising his voice to recall
to mind the rights of men, to stigmatize injustice,
to excite abhorrence of cruelty, and energetically
to plead the cause of humanity, without
distinction of races, climates, or colors.
Whence does Europe derive this lofty idea
and this generous feeling, which urge her to
declare herself so strongly against the traffic in
men, and to demand the complete abolition of
slavery in the colonies? When posterity shall
call to mind these glorious facts; when it shall
adopt them as marking a new era in the annals
of civilization; when, studying and analyzing
the causes which have conducted European
legislation and manners to so high a pitch, and,
passing over temporary and unimportant motives,
insignificant circumstances, and secondary
agents, it shall seek for the vital principle
which impelled European civilization towards
so glorious an end, it will find that this principle
was Christianity; and if, desiring to fathom
the question more and more, it should inquire
whether this was Christianity, under a vague
and general form—Christianity without authority—Christianity
without Catholicity—the
answer of history will be this: Catholicity,
exclusively prevailing in Europe, abolished
slavery among the European races; she introduced
the principle of the abolition of slavery
into European civilization, by showing practically,
and in opposition to the opinion of antiquity,
that slavery was not necessary for
society; and she made it understood, that the
sacred work of enfranchisement was the foundation
of all great and life-giving civilization.
She has therefore inoculated European civilization
with the principle of the abolition of
slavery; it is owing to her that, wherever this
civilization has come into contact with slavery,
it has been profoundly disturbed—an evident
proof that there were at the bottom two opposite
elements, two contending principles, which
were compelled to struggle incessantly, until
the more powerful, noble, and fruitful prevailing,
and reducing the other under the yoke, in
the end annihilated it. I will say more: by
searching whether facts really confirm this
influence of Catholicity, not only in all that
concerns the civilization of Europe, but also in
the countries which Europeans have conquered
two centuries ago, in the East and West, we
shall meet with Catholic Bishops and priests
working without intermission in improving the
lot of colonial slaves; we shall call to mind
what is due to the Catholic missions; we shall
read and understand the apostolical letters of
Pius II., issued in 1482, and mentioned above;
those of Paul III., in 1537; those of Urban
VIII., in 1639; those of Benedict XIV., in
1741; and those of Gregory XVI., in 1839.
In these letters there is taught and defined
all that has been or can be said on this point
in favor of humanity. We shall there find
blamed, condemned, and punished, all that
European civilization has at length resolved
to condemn and punish; and when calling to
mind also that it was Pius VII., who, at the
beginning of this century, zealously interposed
his good offices with men in power for the complete
abolition of slavery among Christians, we
shall not be able to avoid acknowledging and
confessing that Catholicity has had the principal
share in this great work. It is she indeed
who has laid down the principle on which the
work rests, who has established the precedents
which guide it, who has constantly proclaimed
the principles which have suggested it and has
constantly condemned those who have opposed
it; it is she, in fine, who at all times has declared
open war against cruelty and cupidity,—the
support and perpetual motives for injustice
and inhumanity. Let us hear the testimony
of a celebrated Protestant author, Robertson,
the historian of America: "From the
time that ecclesiastics were sent as instructors
into America, they perceived that the rigor
with which their countrymen treated the natives
rendered their ministry altogether fruitless.
The missionaries, in conformity with the
mild spirit of that religion which they were employed
to publish, soon remonstrated against
the maxims of the planters with respect to the
Americans, and condemned the repartimientos,
or distributions, by which they were given up
as slaves to their conquerors, as no less contrary
to natural justice and the precepts of
Christianity, than to sound policy. The Dominicans,
to whom the instruction of the Americans
was originally committed, were the most vehement
in attacking the repartimientos. In the
year 1511, Motesino, one of their most eminent
preachers, inveighed against this practice in the
great church at St. Domingo, with all the impetuosity
of his natural eloquence. Don Diego
Columbus, the principal officers of the colony,
and all the laymen who had been his hearers,
complained of the monk to his superiors; but
they, instead of condemning, applauded his
doctrine, as equally pious and seasonable. The
Franciscans, influenced by the spirit of opposition
and rivalship which subsists between the
two orders, discovered some inclination to take
part with the laity, and to espouse the defence
of the repartimientos. But as they could not
with decency give their approbation to a system
of oppression so repugnant to the spirit of
religion, they endeavored to palliate what they
could not justify, and alleged in excuse for the
conduct of their countrymen, that it was impossible
to carry on any improvement in the
colony, unless the Spaniards possessed such
dominion over the natives, that they could
compel them to labor. The Dominicans, regardless
of such political and interested considerations,
would not relax in any degree the
rigor of their sentiments, and even refused to
absolve, or admit to the sacrament, such of
their countrymen as continued to hold the natives
in servitude. Both parties applied to the
king for his decision in a matter of such importance.
Ferdinand empowered a committee
of his Privy Council, assisted by some of the
most eminent civilians and divines in Spain,
to hear the deputies sent from Hispaniola in
support of their respective opinions. After a
long discussion, the speculative point in controversy
was determined in favor of the Dominicans;
the Indians were declared to be a
free people, entitled to all the natural rights
of man; but notwithstanding this decision,
the repartimientos were continued upon their
ancient footing. As this determination admitted
the principle upon which the Dominicans
founded their opinion, they renewed their efforts
to obtain relief for the Indians with additional
boldness and zeal. At length, in order
to quiet the colony, which was alarmed by their
remonstrances and censures, Ferdinand issued
a decree of his Privy Council (1513), declaring
that after mature consideration of the apostolic
Bull, and other titles by which the Crown of
Castile claimed a right to its possessions, in the
new world, the servitude of the Indians was
warranted both by the laws of God and man;
that unless they were subjected to the dominion
of the Spaniards, and compelled to reside under
their inspection, it would be impossible to reclaim
them from idolatry, or to instruct them
in the Christian faith; that no further scruple
ought to be entertained concerning the lawfulness
of the repartimientos, as the King and
Council were willing to take the charge of that
upon their own consciences; and that therefore
the Dominicans, and monks of other religious
orders, should abstain for the future from those
invectives which, from an excess of charitable
but ill-informed zeal, they had uttered against
the practice. That his intention of adhering
to this decree might be fully understood, Ferdinand
conferred new grants of Indians upon
several of his courtiers. But in order that he
might not seem altogether inattentive to the
rights of humanity, he published an edict in
which he endeavored to provide for the mild
treatment of the Indians under the yoke to
which he subjected them; he regulated the
nature of the work which they should be required
to perform; he prescribed the mode in
which they should be clothed and fed, and gave
directions with respect to their instruction in
the principles of Christianity. But the Dominicans,
who, from their experience of what
had passed, judged concerning the future, soon
perceived the inefficacy of those provisions,
and foretold that, as long as it was the interest
of individuals to treat the Indians with rigor,
no public regulations would render their servitude
mild or tolerable. They considered it as
vain to waste their own time and strength in
attempting to communicate the sublime truths
to men whose spirits were broken, and their
faculties impaired by oppression. Some of
them, in despair, requested the permission of
their superiors to remove to the continent, and
pursue the object of their mission among such
of the natives as were not hitherto corrupted
by the example of the Spaniards, or alienated
by their cruelty from the Christian faith. Such
as remained in Hispaniola continued to remonstrate,
with decent firmness, against the servitude
of the Indians.
"The violent operations of Albuquerque, the
new distributor of the Indians, revived the zeal
of the Dominicans against the repartimientos,
and called forth an advocate for that oppressed
people who possessed all the courage, the talents,
and the activity requisite in supporting
such a desperate cause. This was Bartholomew
de las Casas, a native of Seville, and one of
the clergymen sent out with Columbus in his
second voyage to Hispaniola, in order to settle
in that Island. He early adopted the opinion
prevalent among ecclesiastics with respect to
the unlawfulness of reducing the natives to
servitude; and that he might demonstrate the
sincerity of his conviction, he relinquished all
the Indians who had fallen to his share in the
division of the inhabitants among their conquerors,
declaring that he should ever bewail
his own misfortune and guilt, in having exercised
for a moment this impious dominion over
his fellow-creatures. From that time he became
the avowed patron of the Indians; and
by his bold interpositions in their behalf, as
well as by the respect due to his abilities and
character, he had often the merit of setting
some bounds to the excesses of his countrymen."
(History of America, book 3.)
It would be too long to relate here the energetic
efforts of De las Casas in favor of the
colonies of the new world; all know them—all
must know that, filled with zeal for the
liberty of the Indians, he conceived and undertook
an attempt at civilization analogous to
that which was realized later, to the immortal
honor of the Catholic clergy, in Paraguay.
If the efforts of De las Casas had not all the
success that might naturally have been expected,
we find the cause of this in the thousand
passions with which history makes us
acquainted, and perhaps also in the impetuosity
of this man, whose sublime zeal was not always
accompanied by the consummate prudence
which the Church displays.
However this may be, Catholicity has completely
accomplished her mission of peace and
love; without injustice or catastrophe, she has
broken the chains under which a large portion
of the human race groaned; and if it had been
given her to prevail for some time in Asia and
Africa, she would have achieved their destruction
in the four quarters of the globe, by
banishing the degradations and the abominations
introduced and established in those countries
by Mahometanism and idolatry. It is
melancholy, no doubt, that Christianity has
not yet exercised over these latter countries all
the influence which would have been necessary
to ameliorate the social and political condition
of those nations, by changing their ideas and
manners. But if we seek for the causes of
this lamentable delay, we certainly shall not
find them in the conduct of Catholicity. This
is not the place to point out these causes;
nevertheless, while reserving the analysis and
complete examination of this matter for another
part of the work, I will make the remark en
passant, that Protestantism may justly criminate
itself for the obstacles which, during three
centuries, it has opposed to the universality
and efficacy of the Christian influence on infidel
nations. These few words will suffice here;
we shall return to this important subject later.
Note 16, p. 131.
We can scarcely believe how far the ideas
of the ancients went astray with regard to the
respect which is due to man. Can it be believed
that they went so far, as to regard the lives of
all who could not be useful to society as of no
value? and yet nothing is more certain. We
might lament that this or that city had adopted
a barbarous law; that a ferocious custom was
introduced among a people by the effect of particular
circumstances; yet as long as philosophy
protested against such attempts, human
reason would have been unstained, and could
not have been accused without injustice of
taking part in infamous attempts at abortion
or infanticide. But when we find crime defended
and taught by the most important philosophers
of antiquity; when we see it triumph
in the minds of the most illustrious men, who,
with fearful calmness and serenity, prescribe
the atrocities which we have named, we are
confounded, and our blood runs cold; we would
fain shut our eyes, not to see so much infamy
thrown upon philosophy and human reason.
Let us hear Plato in his Republic, in that book
in which he undertook to collect all the theories
in his opinion the most distinguished and
the best adapted to lead human society towards
its beau ideal. This is his scandalous language:
"Oportet profecto secundum ea quæ supra
concessimus, optimos viros mulieribus optimis
ut plurimum congredi: deterrimos autem contra,
deterrimis. Et illorem quidem prolem
nutrire, horum minime, si armentum excellentissimum
sit futurum. Et hæc omnia dum
agantur, ab omnibus præterquam a principibus
ignorari, si modo armentum custodum debeat
seditione carere." "Prope admodum;" "Very
good," replies another speaker. (Plat. Rep. l. v.)
Behold, then, the human race reduced to the
condition of mere brutes; in truth, the philosopher
had reason to use the word flock
(armentum)! There is this difference, however,
that magistrates imbued with such feelings
must have been more harsh towards their
subjects than a shepherd towards his flock. If
the shepherd finds among the lambs which
have just been born a weak and lame one, he
does not kill it or allow it to die of hunger; he
carries it to the sheep who ought to nourish it,
he caresses it to stop its cries.
But perhaps the expressions which we have
just quoted escaped the philosopher in a moment
of inadvertence; perhaps the idea which
they reveal was only one of those sinister inspirations
which glide into the mind of a man,
and pass away without leaving any more impression
than is made by a reptile moving
through the grass. We wish it were so, for
the fame of Plato; but unhappily he returns
to it so often, and insists on the point with so
systematic a coldness, that no means of justifying
him are left. "With respect," he says
lower down, "to the children of citizens of
inferior rank, and even those of other citizens,
if they are born deformed, the magistrates
shall hide them, as is proper, in some secure
place, which it shall be forbidden to reveal."
"Yes," replies one of the interlocutors; "if
we desire to preserve the race of warriors in
its purity."
Plato also lays down various rules with
respect to the relations of the two sexes; he
speaks of the case in which the man and woman
shall have reached an advanced age:
"Quando igitur jam mulieres et viri ætatem
generationi aptam egressi fuerint, licere viris
dicemus, cuicumque voluerint, præterquam
filiæ atque matri et filiarum natis matrisve
majoribus: licere et mulieribus cuilibet, præterquam
filio atque patri, ac superioribus et
inferioribus eorumdem. Cum vero hæc omnia
mandaverimus, interdicemus fœtum talem (si
contigeret) edi et in lucem produci. Si quid
autem matrem parere coegerit, ita exponere
præcipiemus, quasi ei nulla nutritio sit."
Plato seems to have been very well pleased
with his doctrine; for, in the very book in
which he writes what we have just seen, he
lays down the famous maxim, that the evils
of states will never be remedied, that societies
will never be well governed, until philosophers
shall become kings, or kings become philosophers.
God preserve us from seeing on the
throne a philosophy such as his! Moreover,
his wish for the reign of philosophy has been
realized in modern times. What do I say? It
has had more than empire; it has been deified,
and divine honors have been paid to it in
public temples. I do not believe, however,
that the happy days of the worship of reason
are now much regretted.
The horrible doctrine which we have just
seen in Plato was transmitted with fidelity to
future schools. Aristotle, who on so many
points took the liberty of departing from the
doctrines of his master, did not think of correcting
those which regard abortion and infanticide.
In his Politics he teaches the same
crimes with the same calmness as Plato: "In
order," he says, "to avoid nourishing weak or
lame children, the law should direct them to
be exposed or made away with." "Propter
multitudinem autem liberorum, ne plures sint
quam expediat, si gentium instituta et leges
vetent procreata exponi, definitum esse oportet
procreandorum liberorum numerum. Quod si
quibus inter se copulatis et congressis, plures
liberi, quam definitum sit, nascantur, priusquam
sensus et vita inseratur, abortus est
fœtui inferendus." (Polit. l. vii. c. 16.)
It will be seen how much reason I had to
say that man, as man, was esteemed as nothing
among the ancients; that society entirely
absorbed him; that it claimed unjust rights
over him, and regarded him as an instrument
to be used when of service, and which it had
a right to destroy.
We observe in the writings of the ancient
philosophers, that they make of society a kind
of whole, consisting of individuals, as the mass
of iron consists of the atoms that compose
it; they make of it a sort of unity, to which
all must be sacrificed; they have no consideration
for the sphere of individual liberty; they
do not appear to dream that the object of
society is the good, the happiness of individuals
and families. According to them, this
unity is the principal good, with which nothing
else can be compared; the greatest evil
that can happen is, that this unity should be
broken—an evil which must be avoided by all
imaginable means. "Is not the worst evil of
a state," says Plato, "that which divides it,
and makes many out of one? and is not the
greatest excellence of a state, that which binds
all its parts together, and makes it one?" Relying
on this principle, and pursuing the development
of his theory, he takes individuals
and families, and kneads them, as it were, in
order to form them into ONE compact whole.
Thus, besides education and life in common, he
wishes also to have women and children in
common; he considers it injurious that there
should be personal enjoyments or sufferings;
he desires that all should be common and
social; he allows individuals to live, think,
feel, and act only as parts of a great whole.
If you read his Republic with attention, and
particularly the fifth book, you will see that
the prevailing idea of this philosopher is what
we have just explained. Let us hear Aristotle
on the same point: "As the object of society,"
he says, "is one, it is clear that the education
of all its members ought necessarily to be one
and identical. Education ought to be public,
and not private; as things now are, each one
takes care of his children as he thinks proper,
and teaches them as he pleases. Each citizen
is a particle of society, and the care to be
given to a particle ought naturally to extend
to what the whole requires." (Polit. l. viii.
c. 1.) In order to explain to us what he means
by this common education, he concludes by
quoting with honor the education which was
given at Sparta, which every one knows consisted
in stifling all feelings except a ferocious
patriotism, the traits of which still make us
shudder.
With our ideas and customs, we do not know
how to confine ourselves to considering society
in this way. Individuals among us are attached
to the social body, forming a part of it,
but without losing their own sphere—that of
the family; and they preserve around them a
vast career, where they are allowed to exert
themselves, without coming into collision with
the colossus of society. Nevertheless, patriotism
exists; but it is no longer a blind instinctive
passion, urging man on to the sacrifice,
like a victim, with bandaged eyes, but it is no
reasonable, noble, and exalted feeling, which
forms heroes like those of Lepanto and Baylen;
which converts peaceful citizens, like
those of Gyronna and Saragossa, into lions;
which, as by an electric spark, makes a whole
people rise on a sudden without arms, and
brave death from the artillery of a numerous
and disciplined army: such was Madrid, following
the sublime Mourons of Daoiz and of
Velarda.
I have already hinted, in the text, that society
among the ancients claimed the right of
interfering in all that regards individuals. I
will add, that the thing went to a ridiculous
extent. Who would imagine that the law
ought to interfere in the food of a woman who
was enceinte, or in the exercise which she
should take every day? This is what Aristotle
gravely says: "It is necessary that women
who are enceinte should take particular
care of their bodies; that they should avoid
indulgence in luxury, and using food which is
too light and weak. The legislator easily attains
his end by prescribing and ordering them
a daily walk, in order to go to honor and venerate
the gods, to whom it has been confided
by fate to watch over the formation of beings.
Atque hoc facile assequitur scriptor legum, si
eis iter aliquod quotidianum ad cultum venerationemque
deorum eorum, quibus sorte obtigit,
ut præsint gignendis animantibus, injunxerit
ac mandaverit." (Polit. l. vii. c. 16.)
The action of laws extended to every thing;
it seems that, in certain cases, even the tears
of children could not escape this severity.
"Those," says Aristotle, "who, by means of
laws, forbid children to cry and weep, are
wrong; cries and tears serve as exercise for
children, and assist them in growing; they are
an effort of nature, which relieves and invigorates
those who are in pain." (Polit. l. vii.
c. 17.)
These doctrines of the ancients—this manner
of considering the relations of individuals
with society—very well explain how castes
and slavery could be regarded as natural
among them. Who can be astonished at seeing
whole races deprived of liberty, or regarded
as incapable of partaking of the rights of
other superior classes, when we see generations
of innocent beings condemned to death,
and these conscientious philosophers not having
the slightest scruple with respect to the
legitimacy of so inhuman an act? It was not
that these philosophers had not happiness in
view as the object of society; but they had
monstrous ideas with respect to the means of
obtaining that happiness.
Note 17, p. 146.
The reader will easily dispense with my
entering into details on the abject and shameful
condition of women among the ancients,
and in which they still are among the moderns
where Christianity does not prevail; moreover,
my pen would be checked every moment by
strict laws of modesty, if I were to attempt to
represent the characteristic features of this
wretched picture. The inversion of ideas was
such, that we hear men the most renowned for
their gravity and moderation rave in the most
incredible manner on this point. We will lay
aside hundreds of examples which it would be
easy to adduce; but who is ignorant of the
scandalous advice of the sage Solon, with respect
to the lending of women for the purpose
of improving the race? Who has not blushed
to read what the divine Plato, in his Republic,
says of the propriety and manner of making
women share in the public games? Let us
throw a veil over recollections so dishonourable
to human wisdom. When the chief legislators
and sages so far forgot the first elements
of morality, and the most ordinary inspirations
of nature, what must have been the case with
the vulgar? How fearfully true those words
of the sacred text which represent to us the
nations deprived of the light of Christianity as
sitting in darkness and in the shadow of death!
There is nothing more fatal to woman, nothing
more apt to degrade her, than that which
is injurious to modesty; and yet we see that
the unlimited power granted to man over woman
contributed to this degradation, and reduced
her, among certain nations, to be nothing but a
slave. Losing sight of the manners of other
nations, let us consider those of the Romans
for a moment. Among them the formula, ubi
tu Cayus ego Caya, seemed to indicate a subjection
so slight, that it might almost be called
an equality; but in order to appreciate this
equality, it is enough to recollect that, at
Rome, a husband could put his wife to death
by his own authority, and that not only in the
case of adultery, but for offences infinitely less
serious. In the time of Romulus, Egnacius
Menecius was acquitted of a similar crime,
although his wife had done nothing more than
drink wine from a cask. These traits describe
a nation, whatever importance you may besides
think proper to attach to the solicitude of the
Romans to prevent their matrons from becoming
addicted to wine. When Cato directed an
embrace, as a proof of affection, among relations,
for the purpose, as Pliny relates, of ascertaining
whether the women smelt of wine, an temetum
olerent, it is true he showed his strictness; but
it was an unworthy outrage offered to the
honor of the women themselves whose virtue
it pretended to preserve. There are some
remedies worse than the disease.
Note 18, p. 157.
The antichristian philosophy must have had
considerable influence on the desire to find
among the barbarians the origin of the elevation
of the female character in Europe, and of
some other principles of our civilization. Indeed
as soon as you discover the source of these
admirable qualities in the forests of Germany,
Christianity is stripped of a portion of its
honors; and what was its own and peculiar
glory is divided among many. I will not deny
that the Germans of Tacitus are sufficiently
poetical; but it is difficult to believe that the
real Germans were so to any extent. Some
passages inserted in the text add great force to
our conjecture; but what appears to me eminently
calculated to dissipate all these illusions
is, the history of the invasion by the barbarians,
above all that which has been written by eye-witnesses.
The picture, far from continuing poetical,
then becomes disgusting in the extreme.
This interminable succession of nations passes
before the eyes of the reader, like an alarming
vision in an evil dream; and certainly the first
idea which occurs to us at the sight of this picture
is, not to seek for any of the qualities of modern
civilization in these invading hordes; but the
great difficulty is, to know how this chaos has
been reduced to order, and how it has been possible
to produce from such barbarism the
noblest and most brilliant civilization that has
ever been seen on earth. Tacitus appears to
be an enthusiast; but Sidonius, who wrote at
no great distance from the barbarians, who
saw them, and suffered from meeting them,
does not partake of this enthusiasm. "I find
myself," he said, "among long-haired nations,
compelled to hear the German language, and
to applaud, at whatever cost, the song of the
drunken Burgundian, with hair plastered with
rancid grease. Happy your eyes who do not see
them; happy your ears who do not hear them?"
If space permitted, it would be easy for me to
accumulate a thousand passages which would
evidently show what the barbarians were, and
what could be expected from them in all respects.
It is as clear as the light of day, that
it was the design of Providence to employ these
nations to destroy the Roman empire, and
change the face of the world. The invaders
seem to have had a feeling of their terrible
mission. They march, they advance, they
know not whither they go; but they know well
that they go to destroy. Attila called himself
the scourge of God. The same barbarian himself
defined his formidable duty in these words:
"The star falls, the sea is moved; I am the
hammer of the earth. Where my horse passes,
the grass never grows." Alaric, marching towards
the capital of the world, said: "I cannot
stop; there is some one urges me, who excites me
to sack Rome." Genseric prepares a naval expedition;
his troops are on board, he himself
embarks: no one knows the point towards
which he will direct his sails. The pilot approaches
the barbarian, and asks him; "My
lord, against what nations will you wage war?"
"Against those who have provoked the anger of
God," replies Genseric.
If Christianity, in the midst of this catastrophe,
had not existed in Europe, civilization
would have been lost and annihilated, perhaps
forever. But a religion of light and love was
sure to triumph over ignorance and violence.
Even during the times of the calamities of the
invasion, that religion prevented many disasters,
owing to the ascendency which it began
to exercise over the barbarians; the most
critical moment being past, the conquerors
having become in some degree settled, she
immediately employed a system so vast, so
efficacious, so decisive, that the conquerors
found themselves conquered, not by arms, but
by charity. It was not in the power of the
Church to prevent the invasion; God had decreed
it, and His decree must be accomplished.
Thus the pious monk who went to meet Alaric
approaching Rome, could not stop him on his
march, because the barbarian answered him,
that he could not stop,—that there was some
one who urged him on, and that he advanced
against his own will. But the Church awaited
the barbarians after the conquest, knowing that
Providence would not abandon His own work,
that the hope of the future lot of nations was
left in the hands of the spouse of Jesus Christ;
on this account does Alaric advance on Rome,
sack, and destroy it; but on a sudden, finding
himself in presence of religion, he stops, becomes
mollified, and appoints the Churches of
St. Peter and St. Paul as places of refuge. A
remarkable fact, and an admirable symbol of the
Christian religion preserving the universe from
total ruin.
Note 19, p. 165.
The great benefit conferred on modern
society by the formation of a pure and correct
public conscience, would acquire extraordinary
value in our eyes, if we compared our moral
ideas with those of all other nations, ancient
and modern; the result of such an examination
would be, to show in how lamentable a manner
good principles become corrupted, when they
are confided to the reason of man. I will
content myself, however, with a few words
on the ancients, in order to show how correct
I was in saying that our manners, however
corrupt they may be, would have appeared
a model of morality and dignity to the heathens.
The temples consecrated to Venus in Babylon
and Corinth are connected with abominations
such as to be even incomprehensible.
Deified passion required sacrifices worthy of it;
a divinity without modesty required the sacrifice
of modesty; and the sacred name of
Temple was applied to asylums of the most
unbridled licentiousness. There was not a veil
even for the greatest crimes. It is known how
the daughters of Chypre gained a dowry for
their marriage; all have heard of the mysteries
of Adonis, Priapus, and other impure divinities.
There are vices which, as it were, want a name
among the moderns; or if they have one, it is
accompanied by the recollection of a terrible
chastisement inflicted on some criminal cities.
In reading the histories of antiquity descriptive
of the manners of their times, the book falls
from our hands. On this subject we must be
content with these few hints, calculated to
awaken in the minds of our readers the recollection
of what has a thousand times excited
their indignation in reading the history and
studying the literature of pagan antiquity.
The author is compelled to be satisfied with a
recollection: he abstains from a description.
Note 20, p. 171.
It is now so common to exalt beyond measure
the power of ideas, that some persons will perhaps
consider exaggerated what I have said
with respect to their want of power, not only to
influence society, but even to preserve themselves,
while, remaining in the mere sphere of
ideas, they do not become realized in institutions,
which are their organ, and at the same
time their rampart and defence.
I am very far, as I have clearly stated in the
text, from denying or calling in question what
is called the power of ideas: I only mean to
show that, alone and by themselves, ideas have
little power; and that science, properly so
called, as far as the organization of society is
concerned, is a much less important thing than
is generally supposed. This doctrine has an
intimate connection with the system followed
by the Catholic Church, which, while constantly
endeavoring to develop the human
mind by means of the propagation of the
sciences, has nevertheless assigned to them a
secondary part in the regulation of society.
While religion has never been opposed to true
science, never, on the other hand, has she
ceased to show a certain degree of mistrust
with respect to all that was the exclusive production
of human thought; and observe that
this is one of the chief differences between religion
and the philosophy of the last age; or,
we should rather say, it was the cause of their
violent antipathy. Religion did not condemn
science; on the contrary, she loved, protected,
and encouraged it; but at the same time she
marked out its limits, warned it that it was
blind on some points, announced to it that it
would be powerless in some of its labors, and
that in others its action would be destructive
and fatal. Philosophy, on the contrary, loudly
proclaimed the sovereignty of science, declared
it to be all-powerful, and deified it; it attributed
to it strength and courage to change the
face of the world, and wisdom and foresight
enough to work this change for the good of
humanity. This pride of knowledge, this deification
of thought, is, if you observe closely,
the foundation of Protestant doctrine. All
authority being taken away, reason is the only
competent judge, the intellect receives directly
and immediately from God all the light which
is necessary. This is the fundamental doctrine
of Protestantism, that is to say, the pride of
the mind.
If we closely observe, even the triumph of
revolutions has in no degree nullified the wise
anticipations of religion; and knowledge, properly
so called, instead of gaining any credit
from this triumph, has entirely lost what it
had: there remains nothing of the revolutionary
knowledge; what remains is the effects
of the revolution, the interests created by it,
the institutions which have arisen from those
interests, and which, since that time, have
sought in the department of science itself our
principles to support them,—principles altogether
different from those which had been
proclaimed in the beginning.
I have said that every idea has need of being
realized in an institution; this is so true, that
revolutions themselves, warned by the instinct
which leads them to preserve, with more or less
integrity, the principles whence they have
arisen, tend from the first to create those institutions
in which the revolutionary doctrines
may be perpetuated, or to constitute successors
to represent them when they shall have
disappeared from the schools. This may lead
to many reflections on the origin and present
condition of several forms of governments in
different countries of Europe.
When speaking of the rapidity with which
scientific theories succeed each other, when
pointing out the immense development which
the press has given to the field of discussion, I
have shown that this was not an infallible sign
of scientific progress, still less a guarantee for
the fertility of human thought in realizing
great things in the material and social order.
I have said that grand conceptions proceed
rather from intuition than from discourses; and
on this subject I have recalled to mind historical
events and personages which place this
matter beyond a doubt. In support of this
assertion, ideology might have furnished us
with abundant proofs, if it were necessary to
have recourse to science itself to prove its own
sterility. But mere good sense, taught by the
lessons of experience daily, is enough to convince
us that the men who are the most able
in theory are, often enough, not only mediocre,
but even weak in the exercise of authority.
With regard to the hints which I have thrown
out with respect to "intuition" and "discourses,"
I leave them to the judgment of any
one who has applied to the study of the human
mind. I am confident that the opinion
of those who have reflected will not differ
from my own.
Note 21, p. 175.
I have attributed to Christianity the gentleness
of manners which Europe now enjoys.
Yet, in spite of the decline of religious belief
in the last century, this gentleness of manners,
instead of being destroyed, has only been
raised to a higher degree. This contrast, the
effect of which, at first sight, is to destroy
what I have established, requires some explanation.
First of all, we must recollect the distinction
pointed out in the text between effeminacy
and gentleness of manners. The first is
a fault, the second a valuable quality; the first
emanates from enervation of the mind and
weakening of the body; the second is owing
to the preponderance of reason, the empire of
the mind over the body, the triumph of justice
over force, of right over might. There is a
large portion of real gentleness in manners at
the present day, but luxury has also a considerable
part therein. This luxury of manners
has certainly not arisen from religion, but from
infidelity; the latter, never extending its view
beyond the present life, causes the lofty destinies,
and even the very existence of the soul,
to be forgotten, puts egotism upon the throne,
constantly excites and keeps alive the love of
pleasure, and makes man the vile slave of his
passions. On the contrary, at the first sight,
we perceive that our manners owe all their
gentleness to Christianity; all the ideas, all
the feelings, on which this gentleness is founded,
bear the mark of Christianity. The dignity
of man, his rights, the obligation of treating
him with the respect which is due to him,
and of appealing to his mind by reason rather
than to his body by violence, the necessity imposed
on every one of keeping within the line
of his duty, of respecting the property and the
persons of others,—all this body of principles,
to which real gentleness of manners is owing,
is due, in Europe, to the influence of Christianity,
which, after a struggle of many centuries
against the barbarism and ferocity of
invading nations, succeeded in destroying the
system of violence which these same nations
had made general.
As philosophy has taken care to change the
ancient names consecrated by religion, and
authorized by the usage of a succession of
ages, it happens that some ideas, although the
produce of Christianity, are scarcely acknowledged
as such, only because they are disguised
under a worldly dress. Who does not know
that mutual love among men and fraternal
charity are ideas entirely due to Christianity?
Who does not know that pagan antiquity did
not acknowledge them, that it even despised
them? And nevertheless, this affection, which
was formerly called charity, because charity
was the virtue from which it took its legitimate
origin, has constantly taken care to assume
other names, as if it were ashamed to be seen
in public with any appearance of religion.
The mania for attacking the Christian religion
being passed, it is openly confessed that the
principle of universal charity is owing to her;
but language remains infected with Voltairian
philosophy even since the discredit into which
that philosophy has fallen. Whence it follows,
that we very often do not appreciate as we
ought the influence of Christianity on the society
which surrounds us, and that we attribute
to other ideas and other causes the phenomena
which are evidently owing to religion.
Society at present, in spite of all its indifference,
is more indebted to religion than is
commonly supposed; it resembles those men,
who, born of an illustrious family, in which
good principles and a careful education are
transmitted as an inheritance from generation
to generation, preserve in their manners and
behavior, even in the midst of their disorders,
their crimes, and I will even venture to say,
their degradation, some traits which denote
their noble origin.
Note 22, p. 183.
A few regulations of Councils, quoted in the
text, are sufficient to give an idea of the system
pursued by the Church for the purpose of
reforming and softening manners. It may be
remarked that, on previous occasions during
this work, I have a strong inclination to call
to mind monuments of this kind; I will state
here that I have two reasons for doing this:
1. When having to compare Protestantism with
Catholicity, I believe that the best means of
representing the real spirit of the latter is, to
show it at work; this is done when we bring
to light the measures which were adopted, according
to different circumstances, by Popes
and Councils. 2. Considering the direction
which historical studies take in Europe, and
the taste, which is daily becoming more general,
not for histories, but for historical documents,
it is proper always to bear in mind that
the proceedings of Councils are of the highest
importance, not only in historical and ecclesiastical
matters, but also in political and social
ones; so that to pay no attention to the data
which are found in the records of Councils, is
monstrously to mutilate, or rather wholly to
destroy, the history of Europe.
On this account it is very useful, and even
necessary in many things, to consult these records,
although it may be painful to our indolence,
on account of their enormous extent and
the ennui of finding many things devoid of interest
for our times. The sciences, above all
those which have society for their object, lead
to satisfactory results only by means of painful
labors. What is useful is frequently mixed
and confounded with what is not. The most
valuable things are sometimes found by the
side of repulsive objects; but in nature, do we
find gold without having removed rude masses
of earth?
Those who have attempted to find the germ
of the precious qualities of European civilization
among the barbarians of the north, should
undoubtedly have attributed the gentleness of
our manners to the same barbarians; they
would have had in support of this paradox a
fact certainly more specious than that which
they have relied on to give the honor of elevating
European women to the Germans. I
allude to the well-known custom of avoiding
the infliction of corporal punishments, and of
chastising the gravest offences by fines only.
Nothing is more likely to make us believe that
these nations were happily inclined to gentleness
of manners, since, in the midst of their
barbarism, they used the right of punishment
with a moderation which is not found even
among the most civilized and refined nations.
If we regard the thing in this point of view,
it seems as if the influence of Christianity on
the barbarians had the effect of rendering their
manners more harsh instead of more gentle;
indeed, after Christianity was introduced, the
infliction of corporal punishments became general,
and even that of death was not excluded.
But when we attentively consider this peculiarity
of the criminal code of the barbarians,
we shall see that, far from showing the advancement
of their civilization and the gentleness of
their manners, it is, on the contrary, the most
evident proof that they were behindhand; it
is the strongest index of the harshness and barbarism
which reigned among them. In the first
place, inasmuch as crimes among them were
punished by means of fines, or, as it was called,
by composition, it is clear that the law paid
much more attention to repairing an injury
than to punishing a crime; a circumstance
which clearly shows us how little they thought
about the morality of the action, as they attended
not so much to the action itself, as to
the wrong which it inflicted. Therefore this
was not an element of civilization but of barbarism;
this tended to nothing less than the
banishment of morality from the world. The
Church combated this principle, as fatal in public
as in private affairs; she introduced into
criminal legislation a new set of ideas, which
completely changed its spirit. On this point
M. Guizot has done full justice to the Catholic
Church. I am delighted to acknowledge and to
insert this homage here by transcribing his own
words. After having pointed out the difference
which existed between the laws of the Visigoths,
derived in great part from the Councils
of Toledo, and the other barbarian laws, M.
Guizot signalizes the immense superiority of
the ideas of the Church in matters of legislation,
of justice, and in all that concerns the
search after truth and the lot of men; he adds:
"In criminal matters, the relation of crimes to
punishments is fixed (in the laws of the Visigoths)
according to sufficiently just, philosophical,
and moral notions. We there perceive
the efforts of an enlightened legislator, who
contends against the violence and rashness of
barbarian manners. The chapter De cæde et
morte hominum, compared with the corresponding
laws of other nations, is a very remarkable
example of this. Elsewhere, it is almost
exclusively the injury which seems to constitute
the crime, and the punishment is sought
in that material reparation which is the result
of composition. Here, the crime is referred to
its real and moral element, the intention. The
different shades of criminality, absolutely voluntary
homicide, homicide by inadvertence,
provoked homicide, homicide with or without
premeditation, are distinguished and defined
almost as well as in our own codes, and the
punishments vary in a proportion equally just.
The justice of the legislator has gone still
further. He has attempted, if not to abolish,
at least to diminish the diversity of legal value
established among men by the other barbarian
laws. The only distinction which it preserves
is that of freeman and slave. With respect to
freeman, the punishment varies neither with
the origin nor the rank of the deceased, but
only according to the different degrees of the
culpability of the murderer. With regard to
slaves, not venturing completely to withdraw
from the masters the right of life and death, it
has been attempted at least to restrain it by
subjecting it to a public and regular procedure.
The text of the law deserves to be cited.
"'If no one guilty of, or an accomplice in,
a crime ought to remain unpunished, with how
much more reason ought he to be condemned
who has wickedly and rashly committed a homicide!
Thus, as masters, in their pride, often
put their slaves to death without any fault of
the latter, it is proper altogether to extirpate
this license, and to ordain that the present law
shall be forever observed by all. No master
or mistress shall put to death, without public
trial, any of their slaves, male or female, or
any person dependent on them. If a slave or
any other servant shall commit a crime which
may subject him to capital punishment, his
master or his accuser shall immediately inform
the judge or the count or duke of the place
where the deed has been committed. After the
affair has been inquired into, if the crime be
proved, let the criminal undergo, either by the
judge or his own master, the sentence of death
which he has deserved; so that, nevertheless,
if the judge be unwilling to put the accused to
death, he shall draw up in writing a capital
sentence, and then it shall be in the power of
the master to put him to death or not. Indeed,
if the slave, with a fatal audacity, resisting his
master, has struck, or attempted to strike, him
with a weapon, with a stone, or with any other
kind of blow, and if the master, in defending
himself, has killed the slave in his passion, the
master shall be in no way subject to the punishment
of homicide. But it shall be necessary
to prove that the event took place thus, and
that by the testimony or oath of the slaves,
male or female, who shall have been present,
and by the oath of the author of the deed himself.
Whoever from mere malice, either by his
own hand or that of another, shall have killed
his slave without public trial, shall be marked
with infamy, declared incapable of appearing
as a witness, shall be obliged to pass the rest
of his life in exile and penance, and his goods
shall go to the nearest relations to whom they
are given by the law.'—For. Jud. liv. vi. tit.
xv. l. 12." (Hist. Génér. de la Civilisation en
Europe, leçon 6.)
I have copied this passage from M. Guizot
with pleasure, because I find there a confirmation
of what I have just said on the subject of
the influence of the Church in softening manners,
and of what I have before stated with respect
to the great amelioration which the Church
made in the condition of slaves, by limiting
the excessive power of their masters. This
truth is proved in its place by so many documents,
that it seems useless to revert to it here;
it is enough now for my purpose, to point out
that M. Guizot fully allows that the Church
gave morality to the legislation of the barbarians,
by making them consider the wickedness
of the crime, whereas they had previously attended
only to the injury of which it was the
cause; she has thus transferred the action from
the physical to the moral order, giving to punishments
their real character, and not allowing
them to remain reduced to the level of a
mere material reparation. Hence we see that
the criminal system of the barbarians, which,
at the first view, seemed to indicate progress in
civilization, was, in reality, owing to the little
ascendency which moral principles exercised
over these nations, and to the fact, that the
views of the legislator were very slightly raised
above the purely material order.
There is another observation to be made on
this point, viz. that the mildness with which
crimes were punished is the best proof of the
frequency with which they were committed.
When in a country assassinations, mutilations,
and other similar attempts are very rare, they
are regarded with horror; those who are guilty
of them are chastised with severity. But when
crimes are very frequently committed, they insensibly
lose their enormity; not only those
who commit them, but all the world become
accustomed to their hideous aspect, and the legislator
is then naturally induced to treat them
with indulgence. This is shown us by the experience
of every day; and the reader will have
no difficulty in finding in society at the present
time more than one crime to which the remark
which I have just made is applicable.
Among the barbarians, it was common to appeal
to force, not only with respect to property,
but also to persons; wherefore it was natural
that crimes of this kind should not be regarded
by them with the same aversion, it may be
said with the same horror, as among a people
where the triumph of the ideas of reason, justice,
right, and law, render it impossible to conceive
even the existence of a society where
each individual should believe himself self-entitled
to do justice to himself. Thus the laws
against these crimes naturally became milder,
the legislator contenting himself with repairing
the injury, without paying much attention
to the culpability of the delinquent. And this
is intimately connected with what I have said
above with respect to public conscience; for
the legislator is always more or less the organ
of this public conscience. Where an action,
in any society whatever, is regarded as a heinous
offence, the legislator cannot decree a mild
punishment for it; on the other hand, it is not
possible for him to chastise with great severity
what the society absolves or excuses. It will
sometimes happen that this proportion will be
altered, that this harmony will be destroyed;
but things soon quitting the path into which
violence forced them, will not be long in returning
to their ordinary course. Manners being
chaste and pure, offences against them will be
covered with abhorrence and infamy; but if
morals be corrupted, the same acts will be regarded
with indifference; at the most they will
be denominated slight weaknesses. Among a
people where religious ideas exercise great influence,
the violation of all that is consecrated
to God is regarded as a horrible outrage,
worthy of the greatest chastisements;
among another people, where infidelity has
made its ravages, the same violation is not
even placed on the list of ordinary offences;
instead of drawing on the guilty the justice
of the law, scarcely does it draw on them
the slight correction of the police. The reader
will understand the appropriateness of this digression
on the criminal legislation of the barbarians,
when he reflects that, in order to examine
the influence of Catholicity on the civilization
of Europe, it is indispensable to take
into consideration the other elements which
have concurred in forming that civilization.
Without this, it would be impossible properly
to appreciate the respective action of each of
these elements, either for good or evil; impossible
to bring to light the share which the
Church can exclusively claim in the great work
of our civilization; impossible to resolve the
high question which has been raised by the
partisans of Protestantism on the subject of the
assumed advantages which the religious revolution
of the sixteenth century has conferred
on modern society. It is because the barbarian
nations are one of these elements, that it is
so often necessary to attend to them.
Note 23, p. 189.
In the middle ages, almost all the monasteries
and colleges of canons had a hospital annexed
to them, not only to receive pilgrims,
but also to aid in the support and consolation
of the poor and the sick. If you desire to see
the noblest symbol of religion sheltering all
kinds of misfortune, consider the houses devoted
to prayer and the most sublime virtues
converted into asylums for the miserable. This
was exactly what took place at that time, when
the public authority not only wanted the
strength and knowledge necessary to establish
a good administration for the relief of the unfortunate,
but did not even succeed in covering
with her ægis the most sacred interests of society;
this shows us that when all was powerless,
religion was still strong and fruitful; that
when all perished, religion not only preserved
herself, but even founded immortal establishments.
And pay attention to what we have
so many times pointed out, viz. that the religion
which worked these prodigies was not a
vague and abstract religion—the Christianity
of the Protestants; but religion with all her
dogmas, her discipline, her hierarchy, her
supreme Pontiff, in a word, the Catholic
Church.
They were far from thinking in ancient times
that the support of the unfortunate could be
confided to the civil administration alone, or to
individual charity; it was then thought, as I
have already said, that it was a very proper
thing that the hospitals should be subjected to
the Bishops; that is to say, that there should
be a kind of assimilation made between the
system of public beneficence and the hierarchy
of the Church. Hence it was that, by virtue
of an ancient regulation, the hospitals were
under the control of the Bishops as well in
temporals as in spirituals, whether the persons
appointed to the care of the establishments
were clerical or lay, whether the hospital had
been erected by order of the Bishop or not.
This is not the place to relate the vicissitudes
which this discipline underwent, nor the different
causes which produced the successive
changes; it is enough to observe, that the fundamental
principle, that is, the interference of
the ecclesiastical authority in establishments
of beneficence, always remained unimpaired,
and that the Church never allowed herself to
be entirely deprived of so noble a privilege.
Never did she think that it was allowable for
her to regard with indifference the abuses which
were introduced on this point to the prejudice
of the unfortunate; wherefore she has reserved
at least the right to remedy the evils which
might result from the wickedness or the indolence
of the administrators. The Council of
Vienne ordains, that if the administrators of a
hospital, lay or clerical, become relaxed in the
exercise of their charge, proceedings shall be
taken against them by the Bishops, who shall
reform and restore the hospital of their own
authority, if it has no privilege of exemption,
and by delegation, if it has one. The Council
of Trent also granted to Bishops the power of
visiting the hospitals, even with the power of
delegates of the Apostolic See in the cases fixed
by law; it ordains, moreover, that the administrators,
lay or clerical, shall be obliged every
year to render their accounts to the ordinary
of the place, unless the contrary has been provided
in the foundation; and that if, by virtue
of a particular privilege, custom, or statute, the
accounts must be presented to any other than
the ordinary, at least he shall be added to those
who are appointed to receive them.
Without paying attention to the different
modifications which the laws and customs of
various countries may have introduced in this
matter, we will say that one thing remains
manifest, viz. the vigilance of the Church in all
that regards beneficence; it is her constant tendency,
by virtue of her spirit and maxims, to
take part in affairs of this kind, sometimes to
direct them exclusively, sometimes to remedy
the evils which may have crept in. The civil
power acknowledged the motives of this holy
and charitable ambition; we see that the Emperor
Justinian does not hesitate to give public
authority over the hospitals to the Bishops,
thereby conforming to the discipline of the
Church and the general good.
On this point there is a remarkable fact,
which it is necessary to mention here, in order
to signalize its beneficent influence; I mean,
the regulation by which the property of hospitals
was looked upon as Church property,—a
regulation which was very far from being a
matter of indifference, although at first sight it
might appear so. Their property, thereby invested
with the same privileges as that of the
Church, was protected by an inviolability so
much the more necessary as the times were the
more difficult, and the more abounding in outrages
and usurpations. The Church which,
notwithstanding all the public troubles, preserved
great authority and a powerful ascendency
over governments and nations, had thus
a simple and powerful claim to extend her
protection over the property of hospitals, and
to withdraw them as much as possible from the
cupidity and the rapacity of the powerful.
And it must not be supposed that this doctrine
was introduced with any indirect design, nor
that this kind of community, this assimilation
between the Church and the poor, was an unheard-of
novelty; on the contrary, this assimilation
was so well suited to the common order
of things, it was so entirely founded on the
relations between the Church and the poor,
that if the property of the hospitals had the
privilege of being considered as the property
of the Church, that of the Church, on the other
hand, was called the property of the poor. It
is in these terms that the holy Fathers express
themselves on this point: these doctrines had
so much affected the ordinary language, that
when, at a later period, the canonical question
with respect to the ownership of the goods of
the Church had to be solved, there were found
by the side of those who directly attributed
this property to God, to the Pope, to the clergy,
some who pointed out the poor as being the
real proprietors. It is true that this opinion
was not the most conformable to the principles
of law; but the mere fact of its appearing on
the field of controversy is a matter for grave
consideration.
Note 24, p. 196.
A few reflections, in the form of a note, on a
certain maxim of toleration professed by a philosopher
of the last century, Rousseau, would
not be out of place here; but the analogy of
the following chapter with that which we have
just finished induces us to reserve them for
note 25. The considerations to which the
opinion of Rousseau will lead, apply to the
question of toleration in religious matters, as
well as to the right of coercion exercised by
the civil and political power; I therefore beg
my reader to reserve for the following note
the attention which he might be willing to afford
me now.
Note 25, p. 203.
For the purpose of clearing up ideas on toleration
as far as lay in my power, I have presented
this matter in a point of view but little
known; in order to throw still more light upon
it, I will say a few words on religious and civil
intolerance,—things which are entirely different,
although Rousseau absolutely affirms the
contrary. Religious or theological intolerance
consists in the conviction, that the only true
religion is the Catholic,—a conviction common
to all Catholics. Civil intolerance consists in
not allowing in society any other religions
than the Catholic. These two definitions are
sufficient to make every man of common sense
understand that the two kinds of intolerance
are not inseparable; indeed, we may very
easily conceive that men firmly convinced of
the truth of Catholicity may tolerate those who
profess another religion, or none at all. Religious
intolerance is an act of the mind, an act
inseparable from faith; indeed, whoever has a
firm belief that his own religion is true, must
necessarily be convinced that it is the only
true one; for the truth is one. Civil intolerance
is an act whereby the will rejects those
who do not profess the same religion; this act
has different results, according as the intolerance
is in the individuals or in the government.
On the other hand, religious tolerance
consists in believing that all religions are true;
which, when rightly understood, means that
none are true, since it is impossible for contradictory
things to be true at the same time.
Civil tolerance is, to allow men who entertain a
different religion to live in peace. This tolerance,
as well as the co-relative intolerance,
produces different effects, according as it exists
in individuals or in the government.
This distinction, which, from its clearness
and simplicity, is within the reach of the most
ordinary minds, has nevertheless been mistaken
by Rousseau, who affirms that it is a
vain fiction, a chimera, which cannot be realized,
and that the two kinds of intolerance
cannot be separated from each other. Rousseau
might have been content with observing,
that religious intolerance, that is to say, as I
have explained above, the firm conviction that
a religion is true, if it is general in a country,
must produce, in the ordinary intercourse of
life as well as in legislation, a certain tendency
not to tolerate any one who thinks differently,
principally when those who dissent are very
limited in number; his observation would then
have been well founded, and would have agreed
with the opinion which I have expressed on
this point, when I attempted to represent the
natural course of ideas and events in this matter.
But Rousseau does not consider things
under this aspect: desiring to attack Catholicity,
he affirms that the two kinds of intolerance
are inseparable; "for," says he, "it is
impossible to live in peace with those whom
one believes to be damned; to love them would
be to hate God, who punishes them." It is
impossible to carry misrepresentation further:
who told Rousseau that the Catholics believe
in the damnation of any man, whoever he may
be, as long as he lives; and that they think
that to love a man who is in error would be to
hate God? On the contrary, could he be ignorant
that it is a duty, an indispensable precept,
a dogma, for Catholics to love all men? Could
he be ignorant that even children, in the first
rudiments of Christian doctrine, learn that we
are obliged to love our neighbor as ourselves,
and that by this word neighbor is meant whoever
has gained heaven, or may gain it; so that
no man, so long as he lives, is excluded from
this number? But Rousseau will say, you are
at least convinced that those who die in that
fatal state are condemned. Rousseau does not
observe that we think exactly the same with
respect to sinners, although their sin be not
that of heresy; now, it has not come into the
head of any body that good Catholics cannot
tolerate sinners, and that they consider themselves
under the obligation of hating them.
What religion shows more eagerness to convert
the wicked? The Catholic Church is so far
from teaching that we ought to hate them, that
she causes to be repeated a thousand times, in
pulpits, in books, and in conversations, those
words whereby God shows that it is His will
that sinners shall not perish, that He wills that
they shall be converted and live, that there is
more joy in heaven when one of them has done
penance, than upon the ninety-nine just who
need not penance. And let it not be imagined
that the man who thus expresses himself
against the intolerance of Catholics was the
partizan of complete toleration; on the contrary,
in society, such as he imagined it, he
did not desire toleration for those who did not
belong to the religion which the civil power
thought proper to establish. It is true that he
is not at all anxious that the citizens should
belong to the true religion. "Laying aside,"
he says, "political considerations, let us return
to the right, and let us lay down principles on
this important point. The right which the
social pact gives to the sovereign over his subject
does not exceed, as I have said, the
bounds of public utility. Subjects, therefore,
are accountable to their sovereign for their
opinions, inasmuch as those opinions are of
importance to the community. Now, it is of
great importance to the state, that every citizen
should have a religion which shall make
him love his duties; but the dogmas of that
religion interest the state and its members only
inasmuch as those dogmas affect morality and
the duties which those who profess it are
bound to perform towards others. As for the
rest, each one may have what opinions he
pleases, without being subject to the cognizance
of the sovereign, for he has no power in
the other world; it is not his affair what may
be the lot of his subjects in the life to come,
provided they be good citizens in this. There
is, therefore, a profession of faith purely civil,
the articles whereof it belongs to the sovereign
to fix, not exactly as dogmas of religion, but
as social sentiments, without which it is impossible
to be a good citizen or a faithful subject.
Without being able to compel any one
to believe them, it can banish from the state
him who does not believe them; it can banish
him, not as wicked, but as anti-social, as incapable
of sincerely loving the laws and justice,
and of sacrificing his life to his duty. If any
one, after having publicly acknowledged these
dogmas, conducts himself as if he did not believe
them, let him be punished with death; he
has committed the greatest of crimes, he has
lied against the laws." (Du Contrat Social, l.
iv. c. 8.)
Such, then, is the final result of the toleration
of Rousseau, viz. to give to the sovereign the
power of fixing articles of faith, to grant to him
the right of punishing with banishment, or
even death, those who will not conform to the
decisions of this new Pope, or who shall violate
after having embraced them. However strange
the doctrine of Rousseau may appear, it is not
excluded from the general system of those who
do not acknowledge the supremacy of authority
in religious matters. When this supremacy is to
be attributed to the Catholic Church, or its
head, it is rejected; and, by the most striking
contradiction, it is granted to the civil power.
It is very singular that Rousseau, when banishing
or putting to death the man who quits
the religion fashioned by the sovereign, does
not wish him to be punished as impious, but as
anti-social. Rousseau, following an impulse
very natural in him, did not wish that impiety
should be at all taken into account when
punishments were to be inflicted; but of what
consequence is the name given to his crime to
the man who is banished or put to death? In
the same chapter, he allows an expression to
escape him, which reveals at once the object
which he had in view in all this show of philosophy:
"Whoever dares to affirm that out of
the Church there is no salvation, ought to be
driven from the state." Which means, in other
words, that toleration ought to be given to all
except Catholics. It has been said, that the
Contrat Social was the code of the French
revolution; and, indeed, the latter did not forget
what the tolerant legislator has prescribed
with respect to Catholics. Few persons now
venture to declare themselves the disciples of
the philosopher of Geneva, although some of
his timid partisans still lavish on him unmeasured
eulogies. Let us have sufficient confidence
in the good sense of the human race, to
hope that all posterity, with a unanimous voice,
will confirm the stamp of ignominy with which
all men of sense have already marked that
turbulent sophist, the impudent author of the
Confessions.
When comparing Protestantism with Catholicity,
I was obliged to treat of intolerance, as
it is one of the reproaches which are most frequently
made against the Catholic religion;
but my respect for truth compels me to state,
that all Protestants have not preached universal
toleration; and that many of them have acknowledged
the right of checking and punishing
certain errors. Grotius, Puffendorf, and some
more of the wisest men that Protestantism can
boast of, are agreed on this point; therein they
have followed the example of all antiquity,
which, in theory as well as in practice, has
constantly conformed to these principles. A
cry has been raised against the intolerance of
Catholics, as if they had been the first to teach
it to the world; as if intolerance was a cursed
monster, which was engendered only where the
Catholic Church prevailed. In default of any
other reason, good faith at least required that
it should not be forgotten that the principle of
universal toleration was never acknowledged
in any part of the world; the books of philosophers,
and the codes of legislators, contain
the principle of intolerance with more or less
rigor. Whether it were desired to condemn
this principle as false, or to limit it, or to leave
it without application, it is clear that an accusation
ought not to have been made against the
Catholic Church in particular, on account of
a doctrine and conduct, wherein she only conformed
to the example of the whole human
race. Refined as well as barbarous nations
would be culpable therein, if there were any
crime; and the stigma, far from deserving to
fall upon governments directed by Catholicity,
or on Catholic writers, ought to be inflicted on
all the governments of antiquity, including
those of Greece and Rome; on all the ancient
sages, including Plato, Cicero, and Seneca; on
modern governments and sages, including Protestants.
If men had had this present to their
minds, the doctrine would not have appeared
so erroneous, nor the facts so black; they
would have seen that intolerance, as old as the
world, was not the invention of Catholics, and
that the whole world, ought to bear the responsibility
of it.
Assuredly the toleration which, in our days,
has become so general, from causes previously
pointed out, will not be affected by the doctrines,
more or less severe, more or less indulgent,
which shall be proclaimed in this matter;
but for the very reason, that intolerance, such
as it was practised in other times, has at last
become a mere historical fact, whereof no one
can fear the reappearance, it is proper to enter
into an attentive examination of questions of
this kind, in order to remove the reproach
which her enemies have attempted to cast upon
the Catholic Church.
The recollection of the encyclical letter of
the Pope against the doctrines of M. de Lamennais,
and the profound wisdom contained
therein appropriately presents itself here.
That writer maintained that universal toleration,
the absolute liberty of worship, is the
normal and legitimate state of society,—a state
which cannot be changed without injury to the
rights of the man and the citizen. M. de Lamennais,
combating the encyclical letter,
attempted to show that it established new doctrines,
and attacked the liberty of nations.
No; the Pope, in his encyclical letter, does not
maintain any other doctrines than those which
have been professed up to this time by the
Church—we may say by all governments—with
respect to toleration. No government
can sustain itself if it is refused the right of
repressing doctrines dangerous to social order,
whether those doctrines are covered with the
mantle of philosophy, or disguised under the
veil of religion. The liberty of man is not
thereby assailed; for the only liberty which is
worthy of the name, is liberty in conformity
with reason. The Pope did not say that governments
cannot, in certain cases, tolerate
different religions; but he did not allow it to
be established as a principle, that absolute
toleration is an obligation on all governments.
This proposition is contrary to sound religious
doctrines, to reason, to the practice of all
governments, in all times and countries, and
the good sense of mankind. The talent and
eloquence of the unfortunate author have not
availed against this, and the Pope has obtained
the most solemn assent of all sensible men of
all creeds; while the man of genius, covering
his brow with the shades of obstinacy, has not
feared to seize upon the ignoble arms of sophistry.
Unhappy genius! who scarcely preserves
a shadow of himself, who has folded up
the splendid wings on which he sailed through
the azure sky, and now, like a bird of evil
omen, broods over the impure waters of a solitary
lake.
Note 26, p. 219.
When speaking of the Spanish Inquisition,
I do not undertake to defend all its acts either
in point of justice, or of the public advantage.
Without denying the peculiar circumstances
in which this institution was placed, I think
that it would have done much better, after the
example of the Inquisition of Rome, to avoid
as much as possible the effusion of blood. It
might have perfectly watched over the preservation
of the faith, prevented the evils
wherewith religion was threatened by the Moors
and the Jews, and preserved Spain from Protestantism,
without employing that excessive
rigor, which drew upon it the severe and deserved
reprimands and admonitions of the
Sovereign Pontiffs, provoked the complaints
of the people, made so many accused and condemned
persons appeal to Rome, and furnished
the adversaries of Catholicity with a pretext
for charging that religion with being sanguinary
which has a horror of the effusion of
blood. I repeat, that the Catholic religion is
not responsible for any of the excesses which
have been committed in her name; and when
men speak of the Inquisition, they ought not
to fix their eyes principally on that of Spain,
but on that of Rome. There, where the Sovereign
Pontiff resides, and where they best understand
how the principle of intolerance
should be understood, and what use ought to
be made of it, the Inquisition has been mild
and indulgent in the extreme. Rome is the
part of the world where humanity has suffered
the least for the sake of religion; and
that, without the exception of any countries,
either of those where the Inquisition has existed,
or of those where it has been unknown;
of those where Catholicity has been predominant,
or where Protestantism has triumphed.
This fact, which cannot be denied, should suffice
to convince every sincere man what is the
spirit of Catholicity in this matter.
I make these remarks in order to show my
impartiality, to prove that I am not ignorant
of evils, and that I do not hesitate to admit
them wherever I find them. Notwithstanding
this, I am desirous that the facts and the observations
contained in the text, as well with
respect to the Inquisition itself, and to the different
epochs of its duration, as to the policy
of the kings who founded and established it,
shall not be forgotten. The same desire makes
me transcribe here a few documents likely to
throw a stronger light upon this important subject.
In the first place, I will quote the
preamble of the Pragmatic Sanction of the
Catholic princes Ferdinand and Isabella, for
the expulsion of the Jews; we there find stated
in a few words, the outrages which the Jews
inflicted on religion, and the dangers with
which they threatened the state.
"Book viii. chap. 2, second law of the new
Recopilacion. Don Ferdinand and Donna Isabella,
at Granada, 30th March, 1492. Pragmatic
Sanction.
"Having been informed that there existed in
these kingdoms bad Christians, who judaized
and apostatized from our holy Catholic faith,
whereof the communication between the Jews
and Christians was in great part the cause, we
ordained, in the Cortes held by us in Toledo,
in 1480, that the Jews in all the cities, towns,
and other places of our kingdoms and lordships,
should be confined in the Juiferies and places
appointed for them to live and dwell in, hoping
that this separation would serve as a remedy;
we also provided and gave orders that
an Inquisition should be appointed in our said
kingdoms; which Inquisition, as you know, is
and has been practised for more than twelve
years, and has discovered a great number of
delinquents, as is notorious. As we have been
informed by the Inquisitors, and many other
religious persons, lay and ecclesiastical, it is
certain that great injury to the Christians had
been and is the result of the participation, intercourse,
and communication which they have
had, and still have, with the Jews; it has been
proved that the latter, by all the means in their
power, constantly labor to subvert the faith
of Christians, to withdraw them from our holy
Catholic faith, to lead them away from it, to
attract them, and to pervert them to their own
noxious creed and opinions; instructing them
in the ceremonies and observances of their own
law; holding meetings to teach them what
they ought to believe and observe according to
that law; taking care to circumcise them and
their children, giving them books in order to
recite their prayers, teaching them the fasts
which they ought to observe, assembling to
read with them, teaching them the histories of
their laws; notifying to them the Paschal
times before they arrive, admonishing them as
to what they ought to do and observe during
those times; giving them, bringing for them,
from their own homes, the bread of azimes,
meats killed according to their ceremonies;
instructing them as to the things from which
they ought to abstain, in order to obey the law,
as well in eating as in other things; persuading
them, as far as they can, to adopt and keep
the Law of Moses, and making them understand
that no other law than that is true. All
these things are certain from numerous testimonies,
from the acknowledgments of the Jews
themselves, and of those who have been perverted
and deceived by them, which has inflicted
great injury, detriment, and dishonor on
our holy Catholic faith. Although we were
already informed of these things from many
quarters, and although we were aware that the
real remedy for all these evils and inconveniences
was to place an insurmountable barrier
to the communication of the Jews with the
Christians, and to banish the Jews from our
kingdoms, we wished to be satisfied with enjoining
them to quit all the cities, towns, and
places of Andalusia, where it seemed that
they had done the most mischief, believing
that that would be enough to hinder those of
the other cities, towns, and places of our kingdoms
and lordships from doing and committing
what has been mentioned. But being informed
that this measure, as well as the acts of
justice exercised on some of the Jews who
were found guilty of these offences and crimes
against our holy Catholic faith, do not suffice
to remedy the evil thoroughly; for the purpose
of obviating and abolishing so great an opprobrium,
such an offence against the faith and
the Christian religion, since it appears that the
same Jews, with a fatal ardor, redouble their
perverse attempts wherever they live and associate;
wishing to suppress the occasion of offending
more against our holy Catholic faith,
as well on account of those persons whom it
has pleased God up to this time to preserve, as
of those who, after having fallen, have repented
and returned to our holy mother the Church;
wishing to prevent the offences which, on account
of the weakness of our human nature,
and the suggestions of the devil, which continually
make war on us, might easily occur, if
the principal cause of the evil were not removed
by the expulsion of the Jews from our
kingdoms; considering, besides, that when a
great and detestable crime has been committed
by some members of a college or university, it
is reasonable that that college or that university
should be dissolved and destroyed, that
some may be punished on account of the
others, and the lesser number on account of
the greater; that those who pervert the good
and virtuous mode of life of cities and towns,
by a contagion which may injure others, may
be banished from those towns; and that if it
be allowed to act thus for other slight causes
prejudicial to the state, there is still more reason
to allow it for the greatest, the most dangerous,
the most contagious of crimes, that
which is in question: for all these reasons we,
having consulted our Council, and taken the
advice of some prelates," &c.
We are not now examining whether or not
there is any exaggeration in these imputations
against the Jews, although, according to all
appearances, there must have been a great
deal of foundation for them, in consequence of
the situation in which the two rival nations
were placed. Observe, besides, that if the
preamble of the Pragmatic Sanction is silent
with respect to a hundred accusations brought
against the Jews by the generality of the
people, the report of these crimes had not the
less weight with the public; consequently, the
situation of the Jews was aggravated in an extraordinary
degree, and the princes were so
much the more inclined to treat them with severity.
With respect to the mistrust with which the
Moors and their descendants must have been
regarded, besides the facts pointed out above,
others might be related which show the disposition
of men's minds to see in the presence of
these men a permanent conspiracy against the
Christians. Almost a century had elapsed since
the conquest of Granada, and it was still feared
that this kingdom might be the centre of plots
contrived by the Moors against the Christians,
the source of perfidious projects, and the place
whence came the means of maltreating in all
ways the defenceless persons upon our coasts.
Thus spoke Philip II. in 1567:
"Book viii. chap. 2, of the new Recopilacion.
"Law xx., which decrees severe punishments
against the inhabitants of the kingdom
of Granada who shall have hidden, received,
or favored the Turks, Moors, or Jews, or given
them intelligence, or corresponded with them.
"D. Philip II., Madrid, 10 December, 1567.
"Having been informed that, notwithstanding
what has been ordained by us, as well by
sea as by land, particularly for the kingdom
of Granada, for the purpose of insuring the
defence and security of our kingdoms, the
Turks, Moors, and corsairs have already committed,
and still commit, in the ports of this
kingdom, on the coasts, in maritime places,
and those bordering on the sea, robberies, misdeeds,
injuries, and seizures of Christians;
evils which are notorious, and which, it is said,
have been, and are, committed with ease and
security, by favor of the intercourse and understanding
which the ravishers have had, and
still have, with some of the inhabitants of the
country, who give them intelligence, guide
them, receive them, hide them, and lend them
favor and assistance; some of them even going
away with the Moors and Turks, leading away
and carrying with them their wives, their children,
their goods, Christian captives, and the
things which they were able to ravish from the
Christians; while other inhabitants of the
same kingdom, who have participated in these
projects, or have been acquainted with them,
remain in the country, without having been or
being punished; for it appears that measures
are not executed with due severity, nor as completely,
or with as much care as they ought to
be: as, moreover, it seems very difficult to get
accurate information, as it appears that even
the justices and the judges, to whom it belongs
to make inquiries and to punish, have displayed
remissness and negligence in their employment;—this
having been agitated and discussed
in our Council, with the view of providing,
as is proper in a thing of such great importance,
for the service of God our Master, for
our own and the public good; the thing having
been consulted upon by us, it has been
agreed that we ought to publish this present
letter," &c.
Years passed away; the hatred between the
two nations still endured; in spite of the numerous
checks which the Mahometan race had
received, the Christians were not satisfied. It
was very probable that a nation who had suffered,
and might still suffer, such great humiliations,
would attempt to avenge them. It is
also by no means difficult to believe in the reality
of the conspiracies which were charged
against the Moors. However this may be, the
report of these conspiracies was general, and
the government was seriously alarmed by them.
Those who desire a proof of this, may read
what Philip III. said, in 1609, in the law which
expelled the Moriscoes.
"Book viii. chap. 2, of the new Recopilacion.
"Law xxv. By virtue of which the Moriscoes
were banished from the kingdom: causes
of this expulsion—means which were adopted
for the execution of the measure.
"D. Philip III., Madrid, 9 December, 1609.
"For a long time it has been endeavored to
save the Moriscoes in these kingdoms: the
holy office of the Inquisition has inflicted
divers punishments; numerous edicts of mercy
have been granted; neither means nor diligence
have been spared to instruct them in
our holy faith, without being able to obtain the
desired result, for none of them have been
converted. On the contrary, their obstinacy
has increased; the peril which threatens our
kingdoms, if we keep the Moriscoes, has been
represented to us by persons very well informed
and full of the fear of God, who, thinking it
proper that a prompt remedy should be applied
to this evil, have represented to us that the
delay might be charged upon our royal conscience,
considering the grave offences which
our Lord receives from that people. We have
been assured that we might, without scruple,
punish them in their lives and properties, since
they were convicted by their continued offences
of being heretics, apostates, and traitors of
lèse-majesté divine and human. Although it
would have been allowable to proceed against
them with the rigor which their offences deserve,
nevertheless, desiring to bring them
back by means of mildness and mercy, I ordained,
in the city and kingdom of Valencia,
an assembly of the patriarchs, and other prelates
and wise men, in order to ascertain what
could be resolved upon and settled; but having
learned that, at the very time they were engaged
in remedying the evil, the Moriscoes of
the said kingdom of Valencia, and of our other
domains, continued to urge forward their pernicious
projects; knowing, moreover, from correct
and certain intelligence, that they had
sent to treat at Constantinople with the Turks,
and at Morocco with the king, Muley Fidon,
in order that there might be sent into the
kingdom of Spain the greatest number of
forces possible to aid and assist them; being
sure that there would be found in our kingdom
more than 150,000 men, as good Moors as those
from the coasts of Barbary, all ready to assist
them with their lives and fortunes, whereby
they were persuaded of the facility of the enterprise;
knowing that the same treaties have
been attempted with heretics and other princes
our enemies: considering all that we have just
said, and to fulfill the obligation which we are
under of preserving and maintaining the holy
Roman Catholic faith in our kingdoms, as well
as the security, peace, and repose of the said
kingdoms, with the counsel and advice of
learned men, and others, very zealous for the
service of God and for our own, we ordain
that all the Moriscoes, inhabitants of these
kingdoms, men, women, and children, of all
conditions," &c.
I have said that the Popes labored, from the
commencement, to soften the rigors of the
Spanish Inquisition, sometimes by admonishing
the kings and inquisitors, sometimes by
giving the accused and condemned a right of
appeal. The kings feared that the religious
innovations would produce a public disturbance;
I add, that their policy embarrassed
the Popes, and prevented them from carrying
as far as they would have wished their measures
of mildness and indulgence. Among the other
documents which support this assertion, I will
cite one which proves the irritation of the
Spanish kings at the assistance which the accused
found at Rome.
"Book viii. chap. 3, law 2, of the new Recopilacion,
enjoining persons condemned by
the Inquisition, and absent from these kingdoms,
not to return there under pain of death
and losing their goods.
"D. Ferdinand and D. Isabella, at Saragossa,
2d August, 1498. Pragmatic Sanction.
"Some persons condemned as heretics by the
Inquisition have absented themselves from our
kingdoms, and have gone to other countries,
where, by means of false reports and undue
formalities, they have surreptitiously obtained
exemptions, absolutions, mandates, securities,
and other privileges, in order to be exempt
from the condemnations and punishments
which they had incurred, and to remain in
their errors, which, nevertheless, does not prevent
their attempting to return to these kingdoms,
wherefore, wishing to extirpate so great
an evil, we command these condemned persons
not to be so bold as to return. Let them not
return into our kingdoms and lordships, by any
way, in any manner, for any cause or reason
whatsoever, under pain of death and the loss
of their goods; which punishment we will and
ordain to be incurred by the act itself. One-third
of the property shall be for the persons
who shall have denounced, another for the
courts, and the third for our exchequer. Whenever
the said justices, in their own places and
jurisdiction, shall know that any of the said
persons are in any part of their jurisdiction,
we order all and each of them, without exception,
to go to the place where such persons are,
without being otherwise called upon, to apprehend
them forcibly and immediately, and without
delay to execute, and cause to be executed,
on them and their properties the punishments
which we have appointed; and this notwithstanding
all exemption, reconciliation, securities,
and other privileges which they may have,
these privileges, in the present case, and with
respect to the said penalties, not availing them.
We order them to do and accomplish this under
pain of the loss and confiscation of all
their property. The same penalty shall be incurred
by all other persons who shall have
hidden or received the said condemned persons,
and who knowing that they were so, shall not
have given information to our courts. We
order all great men and councillors, and other
persons of our kingdoms, to give favor and
assistance to our courts, whenever it shall be
demanded and required from them, to accomplish
and execute what has been said above,
under the penalties which the courts themselves
shall appoint on this subject."
We see from this document, that, after the
year 1498, things had reached such a point,
that the kings attempted to maintain against
every one all the rigor of the Inquisition, and
that they were offended that the Popes interfered
to soften it. It will be understood thereby
whence proceeded the harshness with which
the guilty were treated; and this shows us one
of the causes which made the Inquisition
sometimes use its power with excessive severity.
Although it was not a mere instrument
of the policy of kings, as some have said, the
Inquisition felt more or less the influence of
that policy; and we know that policy, when
about to defeat an adversary, does not commonly
display an excess of compassion. If
the Spanish Inquisition had been at that time
under the exclusive authority and direction of
the Popes, it would have been infinitely milder
and more moderate in its method of acting.
At that time the object ardently desired by
the kings of Spain was, to obtain that the
judgments of the Inquisition should be definitive
in Spain, without appeal to Rome; Queen
Isabella had expressly demanded this of the
Pope. The Sovereign Pontiffs would not accede
to these solicitations, no doubt fearing the
abuse which might be made of so fearful an
arm when the restraint of the moderating
power should become wanting.
It will be understood from the facts which I
have just quoted, how much reason I had to
say that, if you excuse the conduct of Ferdinand
and Isabella with respect to the Inquisition,
you must not condemn that of Philip II.,
since the Catholic sovereigns showed themselves
still more harsh and severe than the
latter monarch. I have already pointed out
the reason why the conduct of Philip II. has
been so rigorously condemned; but it is also
necessary to show why there has been a sort
of obstinacy in excusing that of Ferdinand
and Isabella.
When it is wished to falsify an historical
fact by calumniating a person or an institution,
it is necessary to begin with an affectation of
impartiality and good faith; great success is
obtained in this by manifesting indulgence for
the same thing which it is desired to condemn,
but taking care that this indulgence has strongly
the appearance of being a concession gratuitously
made to our adversaries, or of a sacrifice
of our opinions, of our feelings, on the
altars of reason and justice, which are our
guide and our idol. We thus predispose our
hearers or readers to regard the condemnation
which we are about to pronounce as a judgment
dictated by the strictest justice; a judgment
in which neither passion, nor partiality,
nor perverse views, have any part. How can
we doubt the good faith, the love of truth, the
impartiality of the man who begins by excusing
what, according to all appearances, and
considering his opinions, ought to be the object
of his anathemas? Such is the situation of
the men of whom we speak. They intended
to attack the Inquisition; now it happened that
the protectress, and, in some sort, the foundress
of that tribunal was Queen Isabella,—that
distinguished name which Spaniards have
always pronounced with respect, that immortal
queen, one of the noblest ornaments of our
history. What was to be done in this difficulty?
The means were simple. Although the
Jews and heretics had been treated with the
greatest severity in the time of the Catholic
sovereigns, and although they had carried
severity further than all those who have succeeded
them, it was necessary to close the eye
to these facts, to excuse the conduct of these
sovereigns, and to point out the important matters
which urged them to employ the rigors
of justice. They thus avoided the difficulty,—for
it was one to cast a stigma on the memory
of a great queen cherished and respected
by all Spaniards,—and they thus prepared the
way for merciless accusations against Philip
II. That monarch had the unanimous cry of
all Protestants against him, for the simple
reason that he had been their most powerful
adversary; it would therefore cost nothing to
make all the weight of execration fall upon
him. The enigma is thus explained. Such is
the cause of a partiality so unjust,—such is
the hypocrisy of that opinion which, while excusing
the Catholic sovereigns, condemns Philip
II. without appeal.
I have not attempted to justify the policy
of this monarch in all respects; but I have
presented a few considerations which may
serve to mitigate the violent attacks made
upon him by his adversaries: it only remains
for me to transcribe here the documents to
which I alluded when I said that the Inquisition
was not a mere instrument of the policy
of Philip II., and that this prince did not intend
to establish a system of obscurantisme in
Spain.
Don Antonio Perez, in his Relations, gives a
letter of the confessor of the king, Fray Diego
de Chaves, in which letter the latter affirms
that the secular prince has power over the lives
of his subjects and vassals, and adds in a note:
"I shall not undertake to relate all that I have
heard said on the subject of the condemnation
of some of these propositions; this is not within
my province. Those who are concerned in this
will at once understand the import of my words.
I shall content myself with saying that, at the
time when I was at Madrid, the Inquisition condemned
the following proposition: a preacher—it
matters not that I should mention his
name—maintained in a sermon, at St. Jerome's,
in Madrid, in presence of the Catholic king,
that kings have an absolute power over the persons
of their subjects, as well as over their properties.
Besides some other separate matters,
the preacher was condemned to retract this
publicly, in the same place, with all the ceremonies
of a juridical act, which he did in the
same pulpit, saying that he had advanced such
a proposition on such a day, and that he retracted
it as erroneous. 'For, messieurs,' said
he, reading literally from a paper, 'kings have
no other power over their subjects than what is
given them by the divine and human law; they
have none proceeding from their own free and
absolute will.' I even know who condemned
the proposition, and appointed the words which
the accused, to the great gratification of the
former, was obliged to pronounce; indeed, he
rejoiced to see torn up so poisonous a weed,
which he felt was increasing, as the event
proved. Master Fray Hernando del Castillo
(I will mention his name) was the one who
prescribed what the accused was to say; he
was consultee of the holy office, and preacher
to the king; he was a man of singular learning
and eloquence, very well known and esteemed
by his own nation, and especially by the Italians.
Dr. Velasco, an important personage of
that time, said of him, that the guitar in the
hands of Fabricio Dentici was not so sweet as
the tongue of Master Fray Hernandez del Castillo
to the ears of those who heard him." And
at page 47 in the text: "I know," says Don
Antonio Perez, "that they were denominated
very scandalous by persons very important by
their rank, their learning, and their Christian
purity of heart; there was one among them
who had held supreme rank in the spiritual
order in Spain, and had previously filled an
office in the tribunal of the Inquisition." Perez
afterwards says, that this person was the nuncio
of his Holiness. (Relaciones de Anton. Perez.
Paris, 1624.)
The letter of Philip II. to Doctor D. Benito
Arias Montano contains the following, in addition
to the remarkable passage which we have
quoted.
"Concerning what you, Dr. &c., my chaplain,
will have to do at Antwerp, whither we send
you. Dated at Madrid, 25th March, 1568.
"Besides that you will render this good office
and service to the said Plantinus, know that,
from this time, in proportion as the six thousand
crowns are recovered from his hands, I apply
them to buy books for the monastery of St.
Laurent-le-Royal, of the order of St. Jerome,
which I am building near the Escurial, as you
know. Thus you are admonished that such is
my intention; you will comply with this, and
will be diligent in collecting all the choice
books, printed and MS., that your excellent
discernment shall think proper, in order to bring
them and place them in the library of the said
monastery. Indeed, it is one of the chief possessions
which I would wish to leave to the
religious who are intended to dwell there, for
it is the most useful and necessary. Wherefore
I have also commanded my ambassador in
France, D. Francis de Alaba, to collect the best
books which he shall be able in that kingdom:
you will communicate with him on that subject.
I will direct him to communicate in writing
also with you, to send you a list of the books
which are to be had, as well as their price, before
buying them; you will advise him as to
which he had better take or leave, and what
he may give for such. He will send to you at
Antwerp those which he has thus bought; you
will acknowledge them, and forward them here,
all at once, at the proper time."
During the reign of Philip II.,—of that
prince who is represented to us as one of the
principal authors of obscurantisme,—choice
works, both printed and MS., were sought in
foreign countries, in order to enrich the Spanish
libraries; in our age, which we call that
of enlightenment, the libraries of Spain have
been plundered, and their treasures have gone
to add to those of foreigners. Who is ignorant
of the collections which have been made of
our books and MS., in England? Consult the
catalogues of the British Museum and other
private libraries. The author of these lines
states only what he has seen with his own eyes—what
he has heard lamented by persons
worthy of respect. While we show so much
negligence in preserving our treasures, let us
not be so unjust and so puerile as to lose our
time in vain declamation against those who
have bequeathed them to us.
Appendix.
A few words on Puigblanch, Villeneuve, and
Llorente.
Here, in the Spanish edition, the notes relating
to the Inquisition terminate; but I think
it may not be useless in the French edition to
add a few words, to explain the matter to my
foreign readers: little versed as they are in
the knowledge of our affairs, they might often
happen to drink at corrupted sources, which
they imagine to be pure and salutary. Le
Compte de Maistre, with respect to the Spanish
Inquisition, cites L'Inquisition dévoilée de
Natanaël Jomtob: I will say a few words, lest
the authority of the author who quotes should
give too much importance to him who is quoted.
This Natanaël Jomtob is no other than Dr. D.
Antonio Puigblanch, a Spaniard, who died not
long ago in London. This author, in the prologue
to his works published in London, himself
explains the reason which made him adopt a
strange name. "These Hebrew words," he says,
"are two proper significative names, which,
together, form the inscription, Dedit Deus diem
bonum. I wished thus to express the happiness
of being able to speak and write freely against
the tribunal of the Inquisition, and the happiness
of seeing it abolished." (Prolog. p. cxv.)
In order that the reader may judge of the
value that belongs to this work, I will observe,
that the first qualification in an historian, especially
on a matter so delicate, is complete
impartiality united to a great fund of moderation:
these two qualifications were wanting in
M. Puigblanch, who was lamentably infected
with the contrary faults. It is impossible to
be more violent than he is against all that he
meets with; his ill-humor and anger blind
him; he attacks institutions and men with perfect
fury; he respects nothing: add to this a
pitiable vanity. It would be easy for me to
produce here various proofs of the impiety of
Puigblanch; but I should fear to soil my paper
by transcribing the impious satires of this
man. This is enough to give an idea of the
point of view in which he could regard things
relating to religious affairs and to the clergy.
He misses no opportunity of ridiculing the
ministers of religion, of indulging in invectives
against them, and of giving vent to the incomprehensible
rage which he has against
them. The unbecoming manner in which he
treats his adversaries, real or imaginary, even
when they have more or less sympathy with
his opinions, is a good apology for the things
which he combats on the other hand. I cannot
repeat his words here, so coarse are they; besides,
they attack persons who are still living;
suffice it to say, that not content with insulting
them in the most disgusting way, Puigblanch
descends so low as to reproach them with their
physical defects, after the manner of a market-woman.
What was to be hoped from such a
mind in a matter so important and delicate?
Were such dispositions suitable for an historian
of the Inquisition, who published his work
precisely in the year 1811, that is to say, at a
time of reaction and effervescence? With respect
to talent and knowledge, I will not refuse
to M. Puigblanch either reading or erudition,
or a certain aptitude for criticism, yet it must
not be forgotten that his mind was far from
being so cultivated as it ought to have been,
in order to keep pace with our age. A work
like his required that he should have followed
the march of the times, that he should not have
been altogether devoid of the philosophy of
history, that he should not have relied exclusively
upon certain books, while accumulating
crude erudition, and incessantly perusing etymologies
and grammatical questions: this is
what was wanting in M. Puigblanch. To sum
up all in one sentence, I have found the following
description, which I heard in London,
from the mouth of a distinguished man who
had intercourse with Puigblanch for a long
time, to be perfectly correct: "Puigblanch,"
he told me, "knew what a learned man of the
seventeenth century in Spain might have
known." The Christian reader may imagine
what was the result of the amalgamation of
this kind of instruction with all the bile of
Voltairian passion.
D. Joaquin Lorenzo Villanueva is another of
those Spaniards who have distinguished themselves
by declaiming against the Inquisition;
in his Literary Life (Vida Literaria) he had
asserted that the public information on this
question, and the abolition of that famous tribunal,
were in great part owing to him. Puigblanch
strongly recriminates against Villanueva,
who attempted to usurp his glory by
availing himself of his work without acknowledging
it, and other similar things, which do
as little honor to the one as to the other. Villanueva
has been already judged in Spain by
all sensible men; foreigners who desire to understand
this question will be under the unpleasant
obligation of reading the two large
volumes in 8vo, in which he has written his
literary life. The bile of Villanueva against
all the clergy who are not of his coterie, and,
above all, his hatred against Rome, show themselves
at every page of his book, and from
time to time produce explosions which are
much too violent to accord with the extreme
mildness which he is pleased to affect. Moreover,
let the reader prepare and arm himself
with patience, if he undertake to get through
these two large volumes, which contain, written
by the man himself, who so well deserved
it, the most complete panegyric of his profound
knowledge, his vast erudition, his great
humility, and his virtues of all kinds. It certainly
would have been very well, if the
author, with a slight recollection of modesty,
had not candidly told us, that they went so far
as to call him the father of the poor, that his
poetic fire was not cooled by age, that his
activity in labor did not allow him to remain
idle, even in the midst of the greatest persecutions;
in fine, if he had not undertaken to
make us believe that all his life was a continual
sacrifice on the altars of knowledge and
virtue. To those who desire to derive their
information from Villanueva, we have a right
to say: Do not forget that you must beware
of believing all—that the tree is known by its
fruits—that the wolf often assumes sheep's
clothing.
Among those who have made the most noise
with respect to the Inquisition, is Llorente, the
author of a history of that famous institution.
The impartiality which may be expected from
this writer shows itself every moment in his
book, which has evidently been written for the
purpose of blackening, as much as possible,
the Catholic clergy and the Holy See. Happily
the author has made himself too well
known by his other works, for any Catholic to
allow himself to be deceived by his insidious
writings. No one, especially in Spain, is ignorant
of the project of the religious constitution
with which Llorente attempted to disturb consciences,
and introduce schism and heresy into
our country. Does he who attempts to destroy
the universal discipline established from the
earliest ages, who expresses doubts on the most
sacred mysteries of our holy religion, who contests
the infallible authority of the Church,
and does not hold the first four Œcumenical
Councils to be legitimate, deserve the least
credit when writing the history of the Inquisition,—that
history which affords so many opportunities
of declaiming against the clergy
and against Rome? Here is a proof of his
impartiality. In his history of the Inquisition,
he could not avoid relating the conduct
of the Apostolic See in the early times of the
Inquisition in Spain, and the efforts made by
the Holy See for the purpose of softening the
rigors of that tribunal, the appeals which were
made, and the merciful judgments which were
almost always obtained at Rome; all these facts
clearly showed that Rome, far from being, as
he pretended, a monster of cruelty, was rather
a model of mildness and prudence. How do
you think he gets out of this difficulty? By
saying, that what the Court of Rome wanted
was, to extort money from us. An explanation
as unworthy as it is impudent—an odious means
of depriving the most beneficent and generous
actions of their lustre, and which shows a fixed
design to find evil every where, even to the extent
of assigning evil motives for benefits which
are the most worthy of gratitude.
With respect to Llorente, I am unwilling to
pass over in silence a remarkable fact which
he has had the kindness to communicate to the
public in the same work. King Joseph, the
intruder, intrusted Llorente, by express orders,
with the archives of the Supreme Council and
the Tribunal of the Inquisition of the capital.
This excellent man was so perfect an archivist,
that he burnt all the reports of proceedings,
with the approbation of his master (as he himself
tells us), with the exception of those
which could appertain to history, by the celebrity
or the renown of the persons who figured
in them, such as those of Caranza, of Macanaz,
and a few others; although he preserved
entire, he adds, the registers of the decisions
of the Council, the royal ordinances, and the
bulls and briefs from Rome. (Edition Française,
1818, t. 4, p. 145.) After having heard
this remarkable confession, we will ask every
impartial man, whether there is not room for
greatly mistrusting an historian who claims to
be sole and unique, because he has had the opportunity
of consulting the original documents
whereon he founds his history, and who, nevertheless,
burns and destroys these same documents?
Was there no place to be found in
Madrid to place them, where they could be examined
by those who, after Llorente, might
wish to write the history of the Inquisition
from the original documents? Llorente has
preserved, he tells us, those which belonged to
history; but the history of the Inquisition had
equally need of others, even the most obscure—even
the most apparently insignificant; for
it not seldom happens that a fact, a circumstance,
a word, shows us an institution, and
paints for us an age. And observe, that this
destruction took place at a critical moment of
public disturbance, when the whole nation, devoted
to an immortal struggle in defence of her
independence, could not fix her attention on
such matters. The most remarkable men,
scattered on all sides, then led their fellow-citizens
in arms, or were engaged in the most
important interests of the country; consequently
they could not watch over the conduct
of an archivist, who, after having left his brethren,
whose blood was flowing upon the battle-field,
accepted employment under a foreign intruder,
and burned the documents of an institution
whereof he undertook to write the
history.
Note 27, p. 281.
The plan of my work required that questions
relating to the religious communities should be
examined at some length but it did not allow
me to give to this matter all the development
of which it is susceptible. Indeed, it would
be possible, in my opinion, in writing the
history of religious communities, to give side
by side that of the nations among whom these
communities arose, so as to show in detail a
truth we have now proved, viz. that the establishment
of religious institutions, besides the
superior and divine object which they have
had in view, has been at all times the fulfilment
of a social and religious necessity. Although
my strength does not enable me to aspire
to such an enterprise, by which the courage
may well be daunted, even by contemplating
the immense extent of such a work, I
wish to suggest the idea of it here; perhaps a
man may be found with sufficient capacity,
learning, and leisure, to undertake it, and enrich
our age with this new monument of history
and philosophy. By conceiving the plan in
this point of view, and making it subordinate
to this unity of object, whereof the foundation,
which shows itself in well-known facts, is discovered
in obscure and conjectured in hidden
ones, there would be no difficulty in giving all
desirable variety to this work. The subject
itself leads to variety; for it invites the writer
to descend to extremely interesting particulars,
which will be like the episodes of a grand
and unique poem. The disposition of men's
minds, now become favorable to religious institutions,
thanks to the deceptions which are
the consequence of vain theories, and to the
lessons of experience, which destroy the calumnies
invented by philosophy, render the road
every day more easy. The path is already
sufficiently beaten; it is only required to enlarge
and extend it, in order to conduct a
greater number of men towards the region of
truth.
Having pointed out this, it only remains for
me to state here, in conclusion, divers facts
which could not be given in the text, and which
I have preferred to collect in a note. As these
facts belonged to the same subject, it appeared
to me proper to collect them apart, while leaving
the reader to pay full attention to the observations
which form the body of my work.
There were known among the pagans, under
the name of ascetics, persons who devoted
themselves to abstinence and the practice of
the austere virtues; so that, even before Christianity,
there already existed the idea of those
virtues which have been since exercised in
Christianity. The lives of the philosophers
are full of examples which prove the truth of
my assertion. Yet it will be understood that,
deprived of the light of faith and the aid of
grace, the pagan philosophers afforded but a
very faint shadow of what was afterwards realized
in the lives of the Christian ascetics. We
have stated that the monastic life is founded
on the Gospel, inasmuch as the Gospel contains
asceticism. From the foundation of the Church
we see the monastic life established under one
form or another. Origen tells us of certain
men, who, in order to reduce their bodies into
subjection, abstained from eating meat and
from all that had life. (Origen, Contr. Celsum,
lib. v.) Tertullian makes mention of some
Christians who abstained from marriage, not
because they condemned it, but in order to
gain the kingdom of heaven. (Tertul. De
Cult. Femin. lib. ii.)
It is remarkable, that the weaker sex participated
in a singular manner in that strength
of mind which Christianity communicated for
the exercise of the heroic virtues. In the
early ages of the Church there were already
reckoned, in great numbers, virgins and widows
consecrated to the Lord, bound by a vow
of perpetual chastity; and we see that special
care was taken in the ancient Councils of the
Church of that chosen portion of her flock. It
is one of the objects of the solicitude of the
Fathers to regulate discipline on this point in
a proper manner. The virgins made their public
profession in the church; they received
the veil from the hands of the bishop, and, for
greater solemnity, they were distinguished by
a kind of consecration. This ceremony required
a certain age in the person who was
consecrated to God; we also observe that discipline
has been very different on this point.
In the East they received persons seventeen
years old, and even sixteen, as we learn from
St. Basil (Epist. can. 18); in Africa at twenty-five,
as we see from the fourth canon of the
third Council of Carthage; in France at forty,
as appears from the nineteenth canon of the
Council of Agde. Even when the virgins and
widows dwelt in the houses of their fathers,
they did not cease to be reckoned among ecclesiastical
persons; they received the support
of the Church by this title, in cases of necessity.
If they violated their vow of chastity,
they were excommunicated, and could not return
to the communion of the faithful, except
by submitting to public penance. (For these
details, see the thirty-third canon of the third
Council of Carthage, the nineteenth canon of
the Council of Ancyra, and the sixteenth
canon of that of Chalcedon.)
In the first three centuries, the state of the
Church, subject to an almost continual persecution,
must naturally have hindered persons
who loved the ascetic life, men or women, from
assembling in the towns to observe it in common.
Some think that the propagation of the
ascetic life in the desert is in great part due to
the persecution of Decius, which was very
cruel in Egypt, and made a great number of
Christians retire into the deserts of the Thebais,
or other solitudes in the neighbourhood.
Thus commenced the establishment of that
method of life which, in the end, was to gain
so prodigious an extension. St. Paul, if we are
to believe St. Jerome, was the founder of the
solitary life.
It appears that some abuses were introduced
into the monastic life from the earliest ages, as
we see certain monks detested at Rome in the
time of Jerome. Quousque genus detestabile
monacorum urbe non pellitur, says the saint by
the mouth of the Romans in a letter to Paula;
but the reputation of the monks, which had
perhaps been compromised by the Sarabaïtes
and the Gyrovagues, a kind of vagabonds
whose last care was the practice of the virtues
of their state, and who indulged in gluttony
and other pleasures with shameful licentiousness,
was soon restored. St. Athanasius, St.
Jerome himself, St. Martin, and other celebrated
men, among whom St. Bennet distinguished
himself in a particular manner, renewed
the splendor of the monastic life by the most
eloquent apology, that which consisted in giving,
as they did, the most sublime example
of the most austere virtues.
It is remarkable that, in spite of the multiplication
of monks in the east and west, they
were not divided into different orders, so that,
during the first six centuries, all, as Mabillon
observes, were considered as forming one institute.
There was something noble in this unity,
which, as it were, formed all the monasteries
into one family; but it must be acknowledged
that the diversity of orders afterwards introduced
was essentially calculated to attain the
various and numerous objects which successively
attracted the attention of religious institutions.
The discipline, by virtue whereof no new
order could be instituted without the previous
approbation of the sovereign Pontiff, it may be
said, was very necessary, considering the ardor
which afterwards urged many persons to
establish new institutions; so that, without this
prudent check, disorder would have been introduced
in consequence of the exaggerated
transports which urged some imaginations to
exceed all bounds.
Some people take delight in relating the excesses
into which some individuals of the mendicant
orders fell; and they borrow the narratives
of Matthew Paris, without forgetting the
lamentations of St. Bonaventura himself. I
wish not to excuse evil, wherever it is found;
but I will observe, that the circumstances of
the times when the mendicant orders were
established, and the kind of life they were obliged
to embrace, in order to fulfill the purpose
for which they were intended, as I have pointed
out in the text, rendered almost inevitable
those evils which pious men sincerely deplored,
and which the enemies of the Church lament
with no less affectation than exaggeration.
Note 28, p. 305.
I have already shown, by numerous testimonies
of scholastic theologians, how the divine
origin of the civil power is to be understood;
and it is evident that it contains nothing but
what is perfectly conformable to sound reason,
and adapted, at the same time, to the high
aims of society. It would have been easy for
me to accumulate testimonies; but I think I
have adduced a sufficient number to throw light
on the subject, and to satisfy every reader who,
free from unjust prejudices, is sincerely desirous
of listening to truth. In order, however, to
view this subject under every aspect, I will add
a few explanations on that celebrated passage
of St. Paul to the Romans, chap. xiii., in which
the Apostle speaks of the origin of powers, and
of the submission and obedience due to them.
Let it not be thought, however, that I purpose
attaining this end by any reasoning more or
less specious. Whenever a passage of Scripture
is to be expounded in its true sense, we
should not rely principally upon what our
wavering reason suggests to us, but rather
upon the interpretation of the Catholic Church;
for this reason we should consult those writers
whose high authority, founded on their wisdom
and their virtue, leads us to hope that they
have not deviated from the maxim, Quod semper,
quod ubique, quod ab omnibus traditum est.
We have already seen a remarkable passage
of St. John Chrysostom, explaining this point
with as much clearness as solidity; we have
also learned, from the testimony of the Fathers,
what motives induced the Apostles to inculcate
so pressingly the obligation of obedience to the
lawful authorities. It only remains for us to
insert here the commentaries of some illustrious
writers on the text of the Apostle. In them
we shall find, as it were, a code of doctrine;
and when we come to appreciate the reasons
on which the precepts inculcated in the sacred
text are founded, we shall more easily discover
their true meaning.
Observe, in the first place, with what wisdom,
prudence, and piety this important subject is
expounded by a writer who was not of the
golden era, but, on the contrary, who lived in
what is generally termed the barbarous age—St.
Anselm. In his commentaries on the 13th
chapter of the Epistle to the Romans, this doctor
thus expresses himself:
"Omnis anima potestatibus sublimioribus subdita
sit. Non est enim potestas nisi a Deo.
Quæ autem sunt, a Deo ordinatæ sunt. Itaque
qui resistit potestati, Dei ordinationi resistit.
Qui autem resistunt, ipsi sibi damnationem acquirunt.
"Sicut superius reprehendit illos, qui gloriabantur
de meritis, ita nunc ingreditur illos redarguere,
qui postquam erant ad fidem conversi
nolebant subjici alicui potestati. Videbatur
enim quod infideles, Dei fidelibus non deberent
dominari, etsi fideles deberent esse pares.
Quam superbiam removet, dicens: Omnis anima,
id est, omnis homo, sit humiliter subdita
potestatibus vel secularibus, vel ecclesiasticis,
sublimioribus se: hoc est, omnis homo sit subjectus
superpositis sibi potestatibus. A parte
enim majore significat totum hominem, sicut
rursum a parte inferiore totus homo significatur
ubi Propheta dicit: Quia videbit omnis caro
salutare Dei. Et recte admonet, ne quis ex eo
quod in libertatem vocatus est, factusque Christianus,
extollatur in superbiam, et non arbitretur
in hujus vitæ itinere servandum esse ordinem
suum, et potestatibus, quibus pro tempore
rerum temporalium gubernatio tradita est, non
se putet esse subdendum. Cum enim constemus
ex anima et corpore, et quamdiu in hac
vita temporali sumus, etiam rebus temporalibus
ad subsidium ejusdem vitæ utamur, oportet nos
ex ea parte, quæ ad hanc vitam pertinet, subditos
esse potestatibus, id est, res humanas cum
aliquo honore administrantibus: ex illa vero
parte, qua Deo credimus, et in regnum ejus vocamur,
non debemus subditi esse cuiquam homini,
id ipsum in nobis evertere cupienti, quod
Deus ad vitam æternam donare dignatus est.
Si quis ergo putat quoniam Christianus est, non
sibi esse vectigal reddendum, sive tributum,
aut non esse honorem exhibendum debitum eis
quæ hæc curant potestatibus, in magno errore
versatur. Item si quis sic se putat esse subdendum,
ut etiam in suam fidem habere potestatem
arbitretur eum, qui temporalibus administrandis
aliqua sublimitate præcellit, in
majorem errorem labitur. Sed modus iste servandus
est, quem Dominus ipse præcipit, ut
reddamus Cæsari quæ sunt Cesaris, et Deo quæ
sunt Dei. Quamvis enim ad illud regnum vocati
simus, ubi nulla erit potestas hujusmodi,
in hoc tamen itinere conditionem nostram pro
ipso rerum humanarum ordine debemus tolerare,
nihil simulate facientes, et in hoc non tam
hominibus, quam Deo, qui hoc jubet, obtemperantes.
Itaque omnis anima sit subdita sublimioribus
potestatibus, id est, omnis homo sit
subditus primum divinæ potestati, deinde mundanæ.
Nam si mundana potestas jusserit quod
non debes facere, contemne potestatem, timendo
sublimiorem potestatem. Ipsos humanarum
rerum gradus adverte. Si aliquid jusserit procurator,
nonne faciendum est? Tamen si contra
proconsulem jubeat, non utique contemnis
potestatem, sed eligis majore servire. Non
hinc debet minor irasci, si major prælata est.
Rursus si aliquid proconsul jubeat, et aliud imperator,
numquid dubitatur, illo contempto
huic esse serviendum. Ergo si aliud imperator,
et aliud Deus jubeat, quid faciemus? Numquid
non Deus imperatori est præferendus? Ita
ergo sublimioribus potestatibus anima subjiciatur,
id est, homo. Sive idcirco ponitur anima
pro homine, qui secundum hanc discernit, cui
subdi debeat, et cui non. Vel homo, qui promotione
virtutem sublimatus est, anima vocatur
a digniore parte. Vel, non solum corpus
sit subditum, sed anima, id est, voluntas: hoc
est, non solum corpore, sed et voluntate serviatis.
Ideo debetis subjici, quia non est potestas
nisi a Deo. Numquam enim posset fieri nisi
operatione solius Dei, ut tot homines uni servirent,
quem considerant unius secum esse fragilitatis
et naturæ. Sed quia Deus subditis
inspirat timorem et obediendi voluntatem, contigit
ita. Nec valet quisquam aliquid posse, nisi
divinitus ei datum fuerit. Potestas omnis est a
Deo. Sed ea quæ sunt, a Deo ordinatæ sunt.
Ergo potestas est ordinata, id est, rationabiliter
a Deo disposita. Itaque qui resistit potestati,
nolens tributa dare, honorem deferre, et
his similia, Dei ordinationi resistit, qui hoc ordinavit,
ut talibus subjiciamur. Hoc enim contra
illos dicitur, qui se putabant ita debere uti
libertate Christiana, ut nulli vel honorem deferrent,
vel tributa redderent. Unde magnum
poterat adversus Christianam religionem scandalum
nasci a principibus seculi. De bona potestate
patet, quod eam perfecit Deus rationabiliter.
De mala quoque videri potest, dum et
boni per eam purgantur, et mali damnantur, et
ipsa deterius præcipitatur. Qui potestati resistit,
cum Deus eam ordinaverit, Dei ordinationi
resistit. Sed hoc tam grave peccatum est,
quod qui resistunt, ipsi pro contumacia et
perversitate sibi damnationem æternæ mortis
acquirunt. Et ideo non debet quis resistere,
sed subjici."
This remarkable passage contains all—the
origin of power, its object, its duties, and its
limits. We must observe, that St. Anselm expressly
confirms what I have hinted in the text
on the subject of the wrong meaning sometimes
given in the first centuries to Christian
liberty; many imagining that this liberty carried
with it the abolition of the civil powers,
and particularly of those which were infidel.
He also shows the scandal which this doctrine
might cause; thus explaining how the Apostles,
without attempting to attribute to the civil
power any extraordinary and supernatural origin,
like that of the ecclesiastical power, had
nevertheless powerful reasons for inculcating
that this power emanates from God, and that
whoever resists it, resists the ordinance of God.
Passing on to centuries nearer our own time,
we find the same doctrines in the most eminent
commentators. Cornelius a Lapide interprets
the passage of St. Paul in the same way as St.
Anselm, and explains, by the same reasons, the
solicitude with which the Apostles recommended
obedience to the civil powers. These are
his words:
"Omnis anima (omnis homo) potestatibus
sublimioribus, id est principibus et magistratibus,
qui potestate regendi et imperandi sunt
præditi; ponitur enim abstractum pro concreto;
potestatibus, hoc est potestate præditis,
subdita sit, scilicet iis in rebus, in quibus potestas
illa sublimior et superior est, habetque jus
et jurisdictionem, puta in temporalibus, subdita
sit regi et potestati civili, quod propie hic
intendit Apostolus: per potestatem enim, civilem
intelligit; in spiritualibus vero subdita sit
Prælatis, Episcopis et Pontifici.
"Nota.—Pro potestatibus sublimioribus, potestatibus
supereminentibus vel præcellentibus,
ut, Noster vertit, 1 Pet. ii., sive regi quasi præcellenti,
Syrus vertit, potestatibus dignitate præditis:
id est magistratibus secularibus, qui potestate
regendi præditi sunt, sive duces, sive
gubernatores, sive consules, prætores, &c.
"Seculares enim magistratus hic intelligere
Apostolum patet, quia his solvuntur tributa et
vectigalia quæ hisce potestatibus solvi jubet
ipse v. 7, ita Sanctus Basilius de Constit. Monast.
c. 23.
"Nota.—Ex Clemente Alexand. lib. iv. Stromatum,
et S. Aug. in Psal. cxviii. cont. 31,
Initio Ecclesiæ, puta tempore Christi et Pauli,
rumor erat, per Evangelium politias humanas,
regna et respublicas seculares everti; uti jam
fit ab hæreticis prætendentibus libertatem
Evangelii: unde contrarium docent, et studiose
inculcant Christus, cum solvit didrachma, et
cum jussit Cæsari reddi ea quæ Cæsaris sunt;
et Apostoli: idque ne in odium traheretur
Christiana religio, et ne Christiani abuterentur
libertate fidei ad omnem malitiam.
"Ortus est his rumor ex secta Judæ et Galilæorum
de qua Actor. 5, in fine, qui pro libertate
sua tuenda omne dominium Cæsaris et vectigal,
etiam morte proposita abnuebant, de quo
Josephus, libr. xviii. Antiqu. 1. Quæ secta diu
inter Judæos viguit; adeoque Christus et Apostoli
in ejus suspicionem vocati sunt, quia origine
erant Galilæi, et rerum novarum præcones.
Hos Galilæos secuti sunt Judæi omnes, et de
facto Romanis rebellarunt: quod dicerent populum
Dei liberum non debere subjici et servire
infidelibus Romanis; ideoque a Tito excisi
sunt. Hinc etiam eadem calumnia in Christianos,
qui origine erant et habebantur Judæi, derivata
est: unde Apostoli, ut eam amoliantur,
sæpe docent principibus dandum esse honorem
et tributum.
"Quare octo argumentis probat his Apostolus
principibus et magistratibus deberi obedientiam....
"His rationibus probat Apostolus Evangelium,
et Christianismum, regna et magistratus
non evertere, sed firmare et stabilire: quia nil
regna et principes ita confirmat, ac subditorum
bona, Christiana et sancta vita. Adeo, ut etiam
nunc principes Japones et Indi Gentiles ament
Christianos, et suis copiam faciant baptismi et
Christianismi suscipiendi, quia subditos Christianos,
magis quam Ethnicos, faciles et obsequentes,
regnaque sua per eos magis firmari,
pacari et florere experiuntur."
With regard to the mode in which civil power
proceeds from God, the celebrated commentator
agrees with the other theologians. Like
them, he distinguishes between direct and indirect
communication, and takes care to define
the particular meaning of the term, divine
origin of power, when applied to ecclesiastical
authority.
In his explanation of these words, all power
is from God, he thus expresses himself:
"Non est enim potestas, nisi a Deo; quasi diceret
principatus et magistratus non a diabolo,
nec a solo homine, sed a Deo ejusque divina
ordinatione et dispositione conditi et instituti
sunt: eis ergo obediendum est.
"Nota primo.—Potestas sæcularis est a Deo
mediate; quia natura et recta ratio, quæ a Deo
est, dicat, et hominibus persuasit præficere
reipublicæ magistratus, a quibus regantur.
Potestas vero ecclesiastica immediate est a Deo
instituta; quia Christus ipse Petrum et Apostolos
Ecclesiæ præfecit."
The celebrated Dom Calmet explains the
same passage with no less learning; he quotes
numerous passages from the holy Fathers,
showing what ideas the first Christians held
on the subject of civil power, and how calumniously
they have been accused of being the
disturbers of public order.
"Omnis anima potestatibus, &c. Pergit hic
Apostolus docere Fideles vitæ ac morum officia.
Quæ superiori capite vidimus, eo desinunt, ut
bonus ordo et pax in Ecclesia interque Fideles
servetur. Hæc potissimum spectant ad obedientiam,
quam unusquisque superioribus potestatibus
debet. Christianorum libertatem atque
a Mosaicis legibus immunitatem commendaverat
Apostolus; at ne quis monitis abutatur,
docet hic, quæ debeat esse subditorum subjectio
erga Reges et Magistratus.
"Hoc ipsum gravissime monuerant primos
Ecclesiæ discipulos Petrus et Jacobus; repetitque
Paulus ad Titum scribens, sive ut Christianos,
insectantium injuriis undique obnoxios,
in patientia contineret, sive ut vulgi opinionem
deleret, qua discipuli Jesu Christi, omnes ferme
Galilæi, sententiam Judæ Gaulonitæ sequi, et
principum authoritati repugnare censebantur.
"Omnis anima, quilibet, quavis conditione
aut dignitate, potestatibus sublimioribus subdita
sit; Regibus, Principibus, Magistratibus, iis
denique quibus legitima est authoritas, sive
absoluta, sive alteri obnoxia. Neminem excipit
Apostolus, non Presbyteros, non Præsules,
non Monachos, ait Theodoretus; illæsa tamen
Ecclesiasticorum immunitate. Tunc solum
modo parere non debes, cum aliquid Divinæ
Legi contrarium imperatur: tunc enim præferenda
est debita Deo obedientia; quin tamen
vel arma capere adversus Principes, vel in seditionem
abire liceat. Repugnandum est in
iis tantum, quæ justitiam, ac Dei legem violant;
in cæteris parendum. Si imperaverint
aut idolorum cultum aut justitiæ violationem
cum necis vel bonorum jacturæ interminatione,
vitam et fortunas discrimini objicito, ac
repugnato; in reliquis autem obtempera.
"Non est enim potestas nisi a Deo. Absolutissima
in libertate conditus est homo, nulli
creatæ rei, at uni Deo subditus. Nisi mundum
invasisset una cum Adami transgressione
peccatum, mutuam æqualitatem libertatemque
homines servassent. At libertate abusos damnavit
Deus, ut parerent iis, quos ipse principes
illis daret, ob pœnam arrogantiæ, qua pares
Conditori effici voluerunt. At, inquies, quis
nesciat, quorumdam veterum Imperiorum initia
et incrementa ex injuria atque ambitione
profecta. Nemrod, exempli causa, Ninus, Nabuchodonosor,
aliique quamplures, an Principes
erant a Deo constituti? Nonne similius
vero est, violenta Imperia primum exorta esse
ab imperandi libidine? liberorum vero Imperiorum
originem fuisse hominum metum, qui
sese impares propulsandæ externorum injuriæ
sentientes, aliquem sibi Principem creavere,
datamque sibi a Deo naturalem ulciscendi injurias
potestatem, volentes libentesque alteri
tradiderunt? Quam vere igitur docet Apostolus,
quamlibet potestatem a Deo esse, eumque
esse positæ inter homines authoritatis institutorem?"
He points out four ways in which power may
be said to emanate from God, and it is remarkable
that none of them are extraordinary
or supernatural; all of them serve to confirm
more and more what reason and the very
nature of things teach us.
"Omnino Deus potestatis autor et causa est.
I. Quod, hominibus tacite inspiraverit consilium
subjiciendi se uni, a quo defenderentur.
II. Quod imperia inter homines utilissima sint
servandæ concordiæ, disciplinæ, ac religioni.
Porro quicquid boni est, a Deo ceu fonte proficisciter.
III. Cum potestas tuendi ab aggressore
vitam vel opes, hominibus a Deo tradita,
atque ab ipsis in Principem conversa, a Deo
primum proveniat, Principes ea potestate ab
hominibus donati, hanc ab ipso Deo accepisse
jure dicuntur; quamobrem Petrus humanam
creaturam nuncupat, quam Paulus potestatem
a Deo institutam: humana igitur et divina est,
varia ratione spectata, uti diximus. IV. Denique
suprema authoritas a Deo est, utpote
quam Deus, a sapientibus institutam, probavit.
"Nulla unquam gens sæcularibus potestatibus
magis paruit, quam primæ ætatis Christiani,
qui a Christo Jesu et ab Apostolis edocti, nunquam
ausi sunt Principibus a Providentia sibi
datis repugnare. Discipulos fugere tantum
jubet Christus. Ait Petrus, Christum nobis
exemplum reliquisse, cum sese Judicum iniquitate
pessime agi passus est. Monet hic
Paulus, resistere te Dei voluntati, atque æternæ
damnationis reum effici, si potestati repugnas.
'Quamvis nimius et copiosus noster populus,
non tamen adversus violentiam se ulciscitur:
patitur,' ait sanctus Cyprianus. 'Satis virium
est ad pugnam; at omnia perpeti ex Christo
didicimus. Cui bello non idonei, non prompti
fuissemus, etiam copiis impares, qui tam libenter
trucidamur? si non apud istam disciplinam
magis occidi liceret, quam occidere,' inquit
Tertullianus. 'Cum nefanda patimur, ne verbo
quidem reluctamur, sed Deo remittimus ultionem,'
scribebat Lactantius. Sanctus Ambrosius:
'coactus, repugnare non novi. Dolere
potero, potero flere, potero gemere: abversus
arma, milites, Gothos quoque; lacrymæ meæ
arma sunt. Talia enim sunt munimenta Sacerdotis.
Aliter ne debeo nec possum resistere.'"
I have said in the text, that there was to be
remarked a singular coincidence of opinions
on the origin of society between the philosophers
of antiquity, deprived of the light of
faith, and those of our days who have abandoned
this light; both wanting the only guide,
which is the Mosaic history, have found in
their researches after the origin of things,
nothing more than chaos, in the physical as
well as in the moral order. In support of my
assertion, I will insert passages from two celebrated
men, in which the reader will find, with
very little difference, the same language as in
Hobbes, Rousseau, and other writers of the
same school.
"There was a time," says Cicero, "when
men wandered in the fields like the brutes,
feeding on prey like wild beasts, deciding
nothing by reason, but every thing by force.
No religion was then professed, no morality
observed; there were no laws of marriage;
the father could not distinguish his own children,
and the possession of property by virtue
of principles of equity was unknown. Hence
the blind, unrestrained passions ruled tyrannically
in the midst of error and ignorance, and
used the powers of the body for their gratification
as their most injurious satellites."
"Nam fuit quoddam tempus cum in agris
homines passim bestiarum more vagabantur,
et sibi victu ferino vitam propagabant; nec
ratione animi quidquam, sed pleraque viribus
corporis administrabant. Nondum divinæ religionis,
non humani officii ratio colebatur;
nemo nuptias viderat legitimas, non certos
quisquam inspexerat liberos; non jus æquabile
quid utilitatis haberet, acceperat. Ita
propter errorem atque inscitiam, cæca ac temeraria
dominatrix animi cupiditas ad se explendam
viribus corporis abutebatur, perniciosissimis
satellitibus." (De Inv. 1.)
The same doctrine is to be found in Horace:
"Cum prorepserunt primis animalia terris,
Mutum et turpe pecus, glandem atque cubilia propter
Unguibus et pugnis, dein fustibus, atque ita porro
Pugnabant armis, quæ post fabricaverat usus:
Donec verba, quibus voces sensusque notarent,
Nominaque invenere: dehinc absistere bello,
Oppida cœperunt munire et ponere leges,
Neu quis fur esset, neu latro, neu quis adulter.
Nam fuit ante Helenam mulier teterrima belli
Causa: sed ignotis perierunt mortibus illi,
Quos Venerem incertam rapientes, more ferarum,
Viribus editior cædebat, ut in grege taurus.
Jura inventa metu injusti fateare necesse est,
Tempora si fastosque velis evolvere mundi,
Nec natura potest justo secernere iniquum,
Dividit ut bona diversis, fugienda petendis."
Satir. lib. i. sat. 3.
"When men first began to crawl upon the
earth, they were only like a herd of brute and
speechless animals, contending with their nails
or their fists for a few acorns or for a den.
They afterwards contended with sticks and
such arms as experience taught them to invent.
At length they discovered the use of words to
express their thoughts; gradually they became
weary of fighting, and built cities, and
made laws to prevent theft, robbery, and adultery;
for, before Helen, women had been the
cause of terrible wars. He who was the
strongest, abusing his power, after the manner
of brutes, attacked the weak, like a bull among
a subject herd; they thus contended for the
favors of inconstant Venus; but their end was
inglorious. If you consult the origin of things,
you will acknowledge that laws have been
made in apprehension of injustice. Nature
enables us to discern good from evil, what is
to be sought after from what is to be avoided,
but she is incapable of distinguishing justice
from injustice."
Note 29, p. 311.
Concerning this question, as to the direct or
indirect origin of civil power, it is remarkable,
that, in the time of Louis of Bavaria, the imperial
princes solemnly sanctioned the opinion
that power emanates directly from God. In
an imperial Constitution, published against the
Roman Pontiff, they established the following
proposition: "In order to avoid so great an
evil, we declare that imperial dignity and
power proceed directly from God.—Ad tantum
malum evitandum, declaramus, quod imperialis
dignitas et potestas est immediate a Deo solo."
That we may form an idea of the spirit and
tendency of this doctrine, let us see what kind
of man this Louis of Bavaria was. Excommunicated
by John XXII., and at a later
period by Clement VI., he went so far as to
depose this latter Pontiff, in order to exalt to
the Pontifical Chair the antipope Peter, for
which reason the Pope, after repeated admonitions,
divested him of his imperial dignity,
substituting Charles IV. in his stead.
Ziegler the Lutheran, a zealous supporter
of direct communication, in order to explain
his doctrine, compares the election of a prince
to that of a minister of the Church. The latter,
says he, does not receive his spiritual
authority from the people, but immediately
from God. From this explanation it is evident
with how much reason I have said, that such
a doctrine tended to place the temporal and
spiritual powers on a level, by making it appear
that the latter could not claim, by reason
of its origin, any superiority over the former.
I do not mean, however, to assert, that this
declaration, made in the time of Louis of Bavaria,
had directly this aim, since it may rather
be regarded as a sort of weapon employed
against the pontifical authority, the ascendency
of which was dreaded. But it is well known
that doctrines, besides the influence resulting
immediately from them, possess a peculiar
force, which continues to develop itself as opportunities
occur. Some time after, we see
the kings of England defenders of the religious
supremacy which they had just usurped,
supporting the proposition advanced in the
imperial Constitution.
I know not with what foundation it can be
said that Ziegler's opinion was general before
the time of Puffendorf; in consulting ecclesiastical
and secular writers, we do not find the
least support for such an assertion. Let us be
just even to our adversaries. Ziegler's opinion,
defended by Boecler and others, was attacked
by certain Lutherans, amongst others
by Boehmer, who observes, that this opinion
is not favorable, as its partisans pretend, to the
security of states and princes. To repeat what
I have already explained in the text, I do not
consider that the opinion of direct communication,
rightly understood, is so inadmissible and
dangerous as some have imagined; but as it
lay open to an evil interpretation, Catholic
theologians have done well to combat its tendency
to encroach upon the divine origin of
ecclesiastical power.
Note 30, p. 317.
I might quote a thousand remarkable passages
showing the reader how unjust it is in
the enemies of the clergy to accuse them of
being favorable to despotism. But, to be brief,
and to spare him the fatigue of perusing so
many texts and quotations, I shall merely present
to him a specimen of the current opinions
on this point in Spain at the beginning of the
17th century, a few years after the death of
Philip II., the monarch who is represented to
us as the personification of religious fanaticism
and political tyranny. Among the numerous
books published at that time on these
delicate points, there is a very singular one,
which does not appear to be very well known;
its title is as follows:
A Treatise on the State and Christian Politics,
for the use of Kings and Princes, and those
holding government appointments, by Brother
John de Ste.-Marie, a religious in the province
of St. Joseph, of the order of our glorious
Father St. Francis.
This book, printed at Madrid in 1615, furnished
with all the privileges, approbations,
and other formalities in use, must have been
well received at that epoch, since it was reprinted
at Barcelona in 1616, by Sebastian de
Cormellas. Who shall say whether this work
did not inspire Bossuet with the idea of that
intituled Politics derived from the very words
of Scripture? The title is certainly analogous,
and the idea is in fact the same, although
differently carried out. "I think," says Brother
John de Ste.-Marie, "I shall escape all difficulty,
by laying before kings in this work, not
my own reasonings, nor those afforded by eminent
philosophers and the records of profane
history, but the words of God and His saints,
and the divine and canonical histories, whose
teaching commands respect, and whose authority
cannot be prejudicial to any one, however
powerful a sovereign he may be; in fact,
to these a Christian cannot but submit, since
every thing in them is dictated by the Holy
Ghost, the author of these divine maxims. If
I cite examples of Gentile kings, if I appeal
to antiquity, and adduce passages from philosophers
unconnected with the people of God,
I shall do so incidentally only, and as we resume
possession of what of right belongs to
us, and has been unjustly usurped by others."
(Chap. 2.)
The work is dedicated to the king. Addressing
him, and praying him to read it, and
not to allow himself to be imposed upon by
those who would dissuade him from its perusal,
the good religious says, with a pleasing
candor, "Let no one tell you that these things
are metaphysical, impracticable, and all but
impossible."
The following inscription is placed at the
head of the 1st chapter: "Ad vos (O Reges)
sunt hi sermones mei, ut discatis sapientiam
et non excidatis: qui enim custodierint justa
juste, justificabuntur: et qui didiscerint ista,
invenient quid respondeant." (Sap. 6, v. 10.)
In the first chapter, the title of which is,
"A treatise in which the import and definition
of this word commonwealth are briefly discussed,"
we read these remarkable words:
"So that monarchy must degenerate if it be
absolute and without restraint (for power and
authority thus become unreasonable); in all
things falling under the cognizance of law, it
should be bound by the law; and in special
and incidental matters it should be subject to
advice, from the connection which it ought to
have with the aristocracy, which is its assistant,
and forms a council of learned and powerful
men. Without this wise modification,
monarchy will create great errors of government,
will give but little satisfaction, but, on
the contrary, will cause great discontent among
the governed. The wisest and most enlightened
men of every age have invariably considered
this form of government the best; and
without such a modification no city or kingdom
has ever been considered well governed.
Good kings and the wisest statesmen have
always been in favor of this system; bad
kings, on the contrary, elated by their power,
have pursued the opposite course. Hence, if
a monarch, whoever he be, decides by himself,
without taking advice, or against the advice
of his councillors, he passes the legitimate
bounds of monarchy, and even when his decisions
are fortunate, he is a tyrant. History
is full of these examples and of their disastrous
consequences; it will be enough to adduce
one only, that of Tarquin the Proud, as
related in the 1st book of Livy, a king whose
pride was unbounded, and who, to render himself
absolute, and to put every thing under his
feet, strove to weaken the authority of the
Roman Senate by diminishing the number of
Senators, thus arrogating to himself an absolute
right of decision in all the affairs of the
empire."
In chapter 2, in which the author treats of
"the meaning of the word king," we read as
follows: "We meet here very opportunely
with the third meaning of the word king,
which is the same as that of father; as we find
in Genesis, when the Sichemites gave to their
king the name of Abimelech, which means
'Father and Lord.' Kings were formerly
styled the fathers of their states. Whence
King Theodoric, defining royal majesty (as
Cassiodorus relates), makes use of these words:
'Princeps et Pastor publicus et communis.—The
king is the public and common father of the
state.' From the extreme resemblance between
the office of a king and that of a father,
Plato was induced to call the king the father
of a family; and the philosopher Xenophon
says: Bonus Princeps nihil differt a bono Patre.
The difference solely consists in one
having few and the other a great number of
persons under his dominion. And it is certainly
very reasonable to give kings this title
of father; for they ought to be the fathers of
their subjects and of their kingdoms, watching
over their welfare and preservation with
the love and solicitude of a Father. Royalty,
says Homer, is nothing else than a paternal
government, like that of a father over his
children: 'Ipsum namque regnum imperium est
suapte natura paternum.' The best manner of
governing well is, for the king to be possessed
with the love of a father, and to regard his subjects
at his own children. The love of a father
for his children, his solicitude that they should
want for nothing, his devotedness to each of them,
all this bears the greatest resemblance to the love
of a king for his subjects. He is called father,
and this name lays him under the obligation of
acting in accordance with the meaning it conveys.
This name, so well adapted to kings, and which,
when well considered, is the greatest of all
titles and epithets of majesty and power, since
it embraces all, the genus and the species, the
father being alone the lord, the master, or the
chief; this name, I say, is above all human
names for expressing authority and solicitude.
Antiquity, with a view to confer upon an emperor
an extraordinary degree of honor, called
him the Father of the State, which was greater
than Cæsar, Augustus, or any other glorious
name; it decreed him this title, either to flatter
him, or to lay him under the weighty obligations
required by the name of father. In
fine, to give kings this name is to remind them
of their duty, viz. to direct, govern, and maintain
their states and kingdoms in justice; like
good pastors, to feed their rational sheep; like
physicians, to care for them and heal them;
to take care of their subjects, as a father does
of his children, with prudence, love, and solicitude;
for the king is for them, rather than for
himself. 'Kings are under greater obligations
to their kingdoms and states than to themselves;'
in fact, if we consider the institution
of kings and monarchs, we shall find that the
king was appointed for the good of the kingdom,
and not the kingdom for the good of the
king."
In his 3d chapter, of which the following is
the title, "Whether the name of king necessarily
implies an office," he thus expresses himself:—"Besides
what we have advanced, it
may be proved that the name of a king is the
name of an office, by the common maxim, 'the
benefice is the reward of the office.' Since,
therefore, kings receive such great benefices,
not only from the considerable tributes they receive
from the State, but also from the advantage
they derive from benefices and ecclesiastical
rents, they certainly do hold an office, and
that the greatest of all, for which reason the
entire kingdom so bountifully assists them.
This is what St. Paul says in his Epistle to the
Romans: Ideo et tributa præstatis, &c. Kingdoms
do not contribute for nothing; all those
states, taxes, and great revenues, that name,
that high authority and eminent dignity, are
not given gratuitously. They would have their
title of king for nothing if they had no subjects
to rule and govern, and if they were freed
from this obligation: In multitudine populi
dignitas regis. This great dignity, wealth,
rank, majesty, and honor, are possessed by
them with the perpetual obligation of ruling
and governing their states, so as to preserve
them in peace and justice. Let kings bear in
mind, therefore, that they are only invested with
this title to serve their kingdoms; and the latter,
that kings ought to be paid. They hold an
office requiring them to labor: Qui præest in
sollicitudine, says St. Paul. Such is the title
and the name of king, and of him who rules:
one who is the first not only as regards honors
and enjoyments, but also as regards cares and
solicitude. Let them not imagine that they are
kings merely in name and representation, and
appointed only to make themselves honored;
merely to exhibit their royal person and sovereign
dignity in a pompous manner, like some
of the kings of the Persians and Medes, who
were mere shadows of kings, forgetful of their
office, as though they had never received it.
Nothing is more destitute of life and substance
than the shadowy image which stirs its arm or
its head only when some one acts upon it. God
forbade the Israelites to have statues or painted
images, representing a hand where there
was none, and a face that did not exist, exhibiting
to the eye an imaginary body, and feigning
by apparently living actions to see and to
speak; for God loves not feigned images, painted
men, or sculptured kings, like those spoken
of by David: Os habent et non loquentur, oculos
habent et non videbunt. What does it avail
to have a tongue that speaks not, eyes that see
not, ears that hear not, or hands which do not
work? Is it any thing more than an idol of
stone, bearing only the external representation
of a king? To bear the supreme name and all
authority, and not to be capable of any thing,
sounds badly. The names which God has
given to things are like the title of a book,
which, in a few words, contains every thing
that is included in the book. This name of
king was given to kings by God himself, and
contains every thing to which they are obliged
by virtue of their office. If their actions are
not in accordance with the name, it is as if the
mouth should affirm what the head denies, like
a buffoon, whom no one believes in earnest.
Every one would regard as a mockery and a
delusion a signboard bearing the inscription,
'Pure gold sold here,' if, in reality, nothing but
tinsel was sold. The name of king should not
be an empty thing, a mere superfluity in the
royal person—it should be what it implies and
gives itself out for. Your name indicates that
you rule and govern; rule and govern, therefore,
in reality. Do not be mere pasteboard
kings, to use a common expression, that is,
kings in name only. In France, there was a
time when kings had nothing but the name,
and the government was entirely in the hands
of their generals, whilst they, like animals,
were occupied only with gluttony and luxurious
living. That it might be known they were
living, for they never went out, they used to
appear in public once a year, on the 1st of
May, in the squares of Paris, seated on a
throne, as kings in a dramatic representation,
and there they were saluted, gifts were presented
to them, and they, on their part, granted
certain favors to whomsoever they thought
proper. In order to show to what a degree of
degradation they had fallen, Eginard tells us,
in the beginning of his Life of Charlemagne,
that they were devoid of courage and incapable
of great actions; they merely held the
empty name of king; for, in reality they were
not kings, neither had they any participation
in the government or riches of the kingdom;
every thing was entrusted to the mayors of the
palace, styled majors-domo of the royal household;
and the latter usurped every thing to
such a degree, that they left the wretched king
nothing but his title. Seated on his throne,
with his long hair and beard, the monarch
played his part, pretending to give audiences
to ambassadors arriving from all parts, and to
furnish them with answers to convey to their
masters; whilst in reality they merely answered
according to the instructions they had received,
either by word or writing, although
they appeared to answer on their own responsibility.
So that royal power for such a king
was reduced to the mere name, to this throne
and this ridiculous majesty; the real kings and
masters were those favorites by whom the monarch
was oppressed. God said of one of the
kings of Samaria, that he was merely to be
compared to a little vapor, which, seen from
afar, appeared something, but when touched
was no longer any thing. Simia in tecto rex
fatuus in solio suo. (St. Bernard, de Consider
ad Eug. cap. 7.) A monkey on a housetop,
which, presenting the appearance of a man, is
taken for such by those who know not what it
is; such is a useless king upon a throne. Monkeys
also serve to amuse children, and the king
is a laughing-stock to him who looks upon him
apart from any royal act, invested with authority,
and making no use of it. A king dressed
in purple, seated on a throne with great majesty,
suited to his grandeur, grave, severe, and
terrible in appearance, but in reality an absolute
nonentity. Like a painting de la main du
Greco, which, placed in an elevated position,
and seen from a distance, looks very beautiful,
and produces a great effect, but when nearly
approached is but a rough sketch. All pomp
and majesty, properly considered, are a mere
sketch and shadow of a king. Simulacra gentium,
says David, speaking of kings who have
nothing but the name; and according to the
Hebrew text: Imago fictilis et contrita. A
figure of pounded earth, crumbling on all sides;
an empty phantom, great in appearance, but a
mere piece of deception. The name which
Elifaz unjustly applied to Job is perfectly applicable
here, when he designated this good
and just king, a man void of foundation and
substance, bearing only external appearances;
he styled him Myrmicoleon, that is, the name
of the animal which, in Latin, is called Formica-leo,
because it is a monstrous conformation,
one half of its body, in fact, representing
a fearful lion, an animal always used as an
emblem of a king, and the other half an ant,
that is, a most feeble and insignificant thing.
Such are the authority, the name, throne, and
majesty of a fierce lion and of a powerful monarch;
but as regards the essence, you will find
only that of an ant. There have been kings
whose very name filled the world with terror;
but these kings were void of substance in themselves,
in their kingdoms they were as mere ants;
their names and offices were very great, but without
effect. Let the king, therefore, bear in mind
that he has an office to fulfill, and not only an
office, but that he is obliged to speak and labor
on all offices, of which he is the general
superintendent. St. Augustine and St. Thomas,
explaining that passage of St. Paul which
treats of episcopal dignity, say, that the word
bishop, in Greek, is composed of two roots
signifying the same thing as superintendent.
The name of bishop, king, and every other superior,
are names signifying superintendence
over, and co-operation with, every office. This
is what is expressed by the sceptre used by
kings in public acts, a ceremony used by the
Egyptians, who borrowed it from the Israelites.
The latter, in order to point out the duty of a
good king, painted an open eye placed in an
elevated position on the point of a rod in the
form of a sceptre, representing, on the one
hand, the great power of the king, the solicitude
and vigilance which he ought to exercise;
on the other, that he ought not to be satisfied
with holding the supreme power, with
occupying the most exalted and most eminent
position, and, in possession of these, passing
his life in sleep and repose; on the contrary,
he should be the first in commanding and
counselling, he should appear in every office,
incessantly watching and inspecting, like a
man doing the business in which he is
engaged. Jeremiah also understands it in
this sense, for when God asked him what he
saw, he answered: Virgam vigilantem ego video.
Thou hast seen well; and verily I tell
thee, that I who am supreme, will watch over
my flock; I who am a shepherd, will watch
over my sheep; I who am a king and a monarch,
will watch without ceasing over all my
inferiors. Regem festinantem, says the Chaldean,
a king who is in haste; for, although he
has eyes and sees, if he remains in repose, in
his pleasures and amusements, if he does not
go about from place to place, if he does not act
so as to become acquainted with all the good
and evil that is going on in his kingdom, he is
as though he did not exist. Let him consider
that he is the head, and even the head of the
lion, which even in its sleep keeps its eyes
open; that he is the rod with eyes, that he is
the torch; let him open his eyes, therefore, and
sleep no longer, trusting to those who are blinded,
and see no better than moles; who, if they
have eyes, only employ them to see their own
interest, and to distinguish at a greater distance
what may conduce to their own profit
and aggrandizement. Such persons have eyes
for themselves, and it would be better if they
had them not, for their eyes are those of birds
of prey—of vultures."
In his fourth chapter, the title of which is,
"On the office of kings," the author thus explains
the origin of royal power and its obligations:—"From
this it follows," says he,
"that the institution of the state of royalty,
or king, represented by the head, was not
merely for the use and profit of the king himself,
but for that of his whole kingdom. Hence
he ought to see, hear, feel, and understand,
not only by himself and for himself, but by
all and for all. He ought not merely to fix his
regards upon his own greatness, but on the
good of his subjects, since it is for them, and
not for himself, that he was born a king. Adverte,
said Seneca to the Emperor Nero, rempublicam
non esse tuam, sed te reipublicæ.—When
men first issued from solitude, and
united to live in common, they knew that
every one would naturally labor for himself
or his own family, and that no one would take
an interest in all; they agreed to select a man
of great merit, that all might have recourse
to him; a man who, distinguished above all
the rest by his virtue, his prudence, and courage,
should be the chief over all, should govern
all, watch over all, and should exert himself
for the advantage of all—for the common
weal—like a father for his children, or a shepherd
for his sheep. Now, considering that
this man, abandoning his own affairs to look
after those of others, could not maintain himself
and his family (every one was then maintained
by the labor of his hands), it was agreed
that all should contribute to his support, in
order that he might not be distracted by any
other occupations than those of the common
weal and the public government. Such was
the end for which kings were instituted—such
was their beginning. The good king ought to be
more solicitous for the public than for his own
private interest. He possesses his grandeur at
the expense of great solicitude; the anxiety,
the disquietude of mind and body, which is
fatigue for him, is repose, support, and protection
for others. Thus smiling flowers and
fruits, whilst they adorn the tree, exist not so
much for the tree, nor on account of the tree,
as for the sake of others. Do not imagine that
all happiness is in the beauty and grace of
the flower, and in those who are the flowers
of the world: powerful kings and princes may
be termed the flowers of the world, but flowers
who consume their lives, who are full of solicitude,
and whose fruit will rather contribute
to the enjoyment of others than to their own.
'For,' says the Jew Philo, 'the king is to the
kingdom what the wise is to the ignorant man,
what the shepherd is to his sheep, the father
to his children, light to darkness, and what
God is upon earth to all his creatures.' The
investiture he gave to Moses, when he appointed
him the chief and king over his
people, was to tell him that he ought to be as
God, the common father of all; for the office
and dignity of a king require all this. Omnium
domos illius vigila defendit, omnium otium illius
industria, omnium vacationem illius occupatio.
(Seneca, Lib. de Consol.) This is what the
prophet Samuel says to Saul, recently elected
king, when he expounds to him the obligations
of his office: 'Consider, Saul, that God has
this day constituted thee king over all this
kingdom; thou art bound by the office to
govern the whole of it. Thou hast not been
made a king to enjoy repose, to become proud,
and to glory in the dignity of a king; but to
govern thy kingdom, to maintain it in peace
and justice, to defend and protect it against
its enemies.' Rex eligitur, non, ut sui ipsius
curam habeat, says Socrates, et sese molliter
curet, sed ut per ipsum ii, qui elegerunt, bene
beateque vivant. They were not created and
introduced into the world for their own convenience
and pleasure or to be fed upon every
dainty morsel of food (if such were the case,
no one would willingly submit to them); but
they were appointed for the advantage and
common good of all their subjects, to govern
them, protect them, enrich them, preserve and
serve them. All this is perfectly admissible;
for although the sceptre and crown appear to
be the emblems of domination, the office of a
king is, strictly speaking, that of a slave.
Servus communis, sive servus honoratus, are
words which have sometimes been applied to
a king, quia a tota republica stipendia accipit
ut serviat omnibus. And the Supreme Pontiff
glories in this title, Servus servorum Dei. In
ancient times this name of slave was one of
infamy; but since Christ bore it it has become
a name full of honor. Now, since it is neither
repugnant nor derogatory to the essence nor
nature of the Son of God, neither can it be
derogatory to the nature and grandeur of the
king.
"Antigonus, king of Macedon, was perfectly
aware of this, and said candidly to his son,
when he rebuked him for the severity with
which he governed his subjects: An ignoras,
fili mi, regnum nostrum nobilem esse servitutem?
Before his time Agamemnon expressed himself
in the same manner: 'We live apparently
in the midst of grandeur and exaltation; but
in reality we are the servants and slaves of
our subjects.' Such is the office of good kings—an
honorable servitude. From the moment
of their being created kings, their actions no
longer depend upon their own will, but on the
laws and rules which have been given them,
and on the conditions upon which they have
undertaken their office. And although they
may fail to comply with these conditions
(which are the effects of a human convention),
they may not fail to comply with that dictated
by natural and divine law, the mistress of
kings as well as of subjects. Now, these rules
are almost all included in the words of Jeremiah,
which God, according to St. Jerome,
addresses to kings on giving them the command:—Facite
judicium et justitiam, liberate
vi oppressum de manu calumniatoris, et advenam,
et pupillum, et viduam nolite contristare, neque
opprimatis inique, et sanguinem innocentum non
effundatis. Such is the summary of the obligations
of a king; such the laws of his institution,
which lay him under the obligation of
maintaining in peace and justice the orphan,
the widow, the poor, the rich and the powerful
man, and him who can do nothing for himself.
Upon him rest the wrongs of his ministers
towards some, the injustice suffered by others,
the sorrows of the afflicted, the tears of those
who weep, not to mention many other burdens—a
flood of cares and obligations—imposed
upon every prince or chief of a state.
For if he is the head to command and govern,
and to bear the burdens of others, he should
also be the feet upon which the whole weight
of the state is sustained. Kings and monarchs,
says the holy man Job, as we have seen,
bear and carry the world upon their shoulders,
on account of their office. Hence the figure
we meet with in the Book of Wisdom: In veste
poderis, quam habebat summus sacerdos, totus
erat orbis terrarum. From the moment a man
is created king, let him consider himself loaded
with a burden so heavy that a strong carriage
would not support it. Moses felt this
strongly; for God having made him His
viceroy, His captain-general, His lieutenant
in the government, instead of returning thanks
for so distinguished a favor, he complains that
so heavy a burden should be placed upon him.
Cur afflixisti servum tuum? Cur imposuisti
pondus universi populi hujus super me? Again,
continuing his complaint, he says, Numquid
ego concepi omnem hanc multitudinem? Aut
genui eam, ut dicas mihi: Porta eos?—'Lord,
have I conceived all this multitude, or begotten
them, and thou shouldst say to me, Carry
them on thy shoulders?' Now, it is remarkable
that God said nothing of that to Moses;
he merely tells him to rule and govern them,
to fulfill towards them the office of captain and
chief. Nevertheless, what says Moses? That
God commanded him to bear them on his
shoulders—Porta eos. It appears, then, that
he has no reason to complain, since he is merely
told to be the captain, to direct, rule, and
govern. It is a common expression, 'A word
to the wise is sufficient.' He who knows and
understands what it is to govern and to be the
chief, knows also that government and obligation
are the same thing. The very words
regere and portare are synonymous, and have
the same meaning: there is no government
nor employment without obligation and labor.
In the distribution of the offices which Jacob
made among his children, he appointed Reuben
to be the first in his inheritance and the
highest in command—prior in donis, major in
imperio. And St. Jerome translates major ad
portandum, for command and obligation are
the same thing; and the obligation and the
labor are so much more considerable as the
command is more exalted. St. Gregory, in his
Morales, says, that the power, domination, and
rule of kings over the whole world should not
be looked upon as an honor but as a labor.
Potestas accepta non honor, sed onus æstimatur.
And this truth was ever received by the blindest
among the Gentiles. One of them, taking
the same view of the subject, says, speaking
of another Pagan, that his god Apollo had
made him all glorious and happy by the gift
of a certain office: Lætus erat, mixtoque oneri
gaudebat honore. So that power and command
composed of a little honor and weighty obligations.
The Latin word for honor only
differs from that for burden by one letter—onos
and onus. Besides, there always were and
always will be persons willing to undertake
the responsibility for the sake of the honor,
although every one avoids as much as possible
any thing that lays him under an obligation,
and seeks after what is glorious; a dangerous
choice, for the latter is not always the most
secure."
If such language is taxed with flattery, it
would be difficult to comprehend what is meant
by telling the truth. And observe, that the above
truths are not told without reflection; the good
religious takes such pains to inculcate them,
that were it not for the childlike candor of
his language, which discloses the purest of intentions,
we might accuse him of irreverence.
This passage is long, but exceedingly interesting,
for it faithfully reflects the spirit of the
age. Innumerable other texts might be adduced
to prove how unjustly the Catholic clergy
are accused of being favorable to despotism.
I cannot conclude without inserting here two
excellent passages from the learned Father
Fr. Ferdinand de Zeballos, a religious of the
order of St. Jerome in the Monastery of St.
Isidore del Campo, and known by a work intituled,
"False Philosophy, or Atheism, Deism,
Materialism, and other new sects convicted of
State Crimes against their Sovereigns and
Rulers, against the Magistrates and Lawful
Authorities." Madrid, 1776. Observe with
what tact the learned writer appreciates the
influence of religion upon society. (Book ii.
dissertation 12, art. 2.)
"A mild and moderate government is most
agreeable to the spirit of the gospel.
§ I.
"One excellent and estimable point in our
holy religion is, that she offers to human policy,
in her important truths, assistance in preserving
good order among men with less trouble.
'The Christian religion,' says Montesquieu,
with much truth, 'is far removed from
pure despotism. Mildness being so strongly
recommended in the gospel, it is opposed to
the despotic fury with which princes might
administer justice and practise cruelties.' This
opposition on the part of Christianity to the
cruelty of the monarch should not be active,
but passive and full of mildness, which Christianity
can never lose sight of without losing
its character. This is the difference between
Catholic Christians and the Calvinists and
other Protestants. Basnages and Jurieu, in
the name of all their reformation, wrote that
it is allowable for the people to wage war
against their princes whenever they are oppressed
by them, or their conduct appears
tyrannical.
"The Catholic Church has never changed
the doctrines she received from Jesus Christ
and His Apostles. She loves moderation, she
rejoices in good: but she does not resist evil,
she overcomes it by patience. Governments
established under the direction of false religions
cannot be satisfied with a moderate policy.
With them the despotism or tyranny of
princes, the ferocity of penalties, the rigor of
an inflexible and cruel legislation, are so many
necessary evils. But why has it been given to
the Catholic religion only to purge human
governments from such inhumanity? First,
on account of the forcible impression produced
by her dogmas; secondly, through the effect
of the grace of Jesus Christ, which renders
men docile in doing good, and energetic in
combating evil. Wherever false religion predominates,
and where, in consequence, these
two means of aid are wanting, the government
is under the necessity of supplying them as far
as possible by efforts of a severe, harsh, and
terror-inspiring policy, in default of that virtue
which ought to exist in religion to restrain
citizens.
"Hence the Catholic religion, by the influence
of her dogmas over human affairs, relieves
governments from the necessity of being harsh.
In Japan, where the prevailing religion has
no dogmas, and gives no idea of heaven or hell,
laws are made to supply this defect—laws rendered
useful by the cruelty with which they
are conceived and the punctuality with which
they are executed. In every society in which
deists, fatalists, and philosophers have promulgated
this error, that our actions are unavoidable,
it is impossible to prevent laws from
becoming more terrible and sanguinary than
any we have known among barbarian nations;
for in such a society, men, after the manner of
brutes, being urged by palpable motives to do
what they are commanded and omit what they
are forbidden, these motives, with chastisements,
must be daily more formidable, in order
to avoid losing from habit the power of making
themselves felt. The Christian religion, which
admirably teaches and explains the dogmas of
rational liberty, has no need of an iron rod to
govern mankind. The fear of the pains of
hell, whether eternal, to punish crimes unrepented
of, or temporal, to wash away the
stains of sins confessed, relieves judges from
the necessity of augmenting punishments. On
the other hand, the hope of gaining heaven,
as a reward for laudable actions, words, and
thoughts, induces men to be just, not only in
public but also in the secrecy of the heart.
What laws or penalties would avail governments
not possessed of this dogma of hell and of
glory, to make their citizens men of real merit?
Materialists, denying the dogma of a future
state, and deists, holding out to the wicked the
flattering security of paradise, place governments
under the painful necessity of arming
themselves with all the instruments of terror,
and of always inflicting the most cruel punishments,
to restrain the people from destroying
one another.
"Protestants have already come to this point
by rejecting the dogma of the eternity of
hell, or, at least, by preserving merely the fear
of a temporary pain. The first reformers, as
d'Alembert observes to the clergy of Geneva,
denied the doctrine of purgatory, and retained
that of hell; but the Calvinists, and
modern reformers, by their limitation of the
duration of hell, leave only what may be properly
termed purgatory. Is not the dogma of
the last judgment, when each one's secret offences,
however small, shall be exposed to the
whole world, of singular efficacy in restraining
the thoughts and desires, and all the perversity
of the heart and of the passions? It is evident
that this dogma so far relieves political
governments from the painful and continual
vigilance which it would have to exercise over
a town in which the idea of this judgment has
perished, together with the thoughts which it
inspires."
§ II.
"There are certain aberrations observable
among philosophers, which lead us to think that
these men were possessed of some true discernment
in their lucid moments, or whilst they were
in the Catholic religion. Hence they have said,
'that religion was invented for a political purpose,
to spare sovereigns the necessity of being
just, of making good laws, and of governing
well.' This folly, which stands self-condemned
when we come to speak of religion previously
formed, supposes, nevertheless, the truth
we are speaking of. It is evident to every
one, even to the philosophers whose extravagant
assertion we have just adduced, that the
Christian religion, by her dogmas, is serviceable
to human governments, and aids in making
good citizens, even in this world. Yet
they avail themselves of this very point to put
forth their insane malice: but, in reality, and
in spite of themselves, they mean to say, that
the dogmas of religion are of such service to
governments, and so efficacious in facilitating
a great part of their work, that they appear to
be formed on purpose, and according to the
designs of a magistrate or a political government.
We cannot say, on this account, that
religion alone is sufficient to govern men,
without any judicial aid, without the intervention
of the laws and of penalties. In speaking
of this efficacy of the dogmas inculcated
by religion, we are not rash and presumptuous;
we do not reject as superfluous the office of law
and police. We are told by the Apostle, that
for the just there would have been no need of
laws; but there are so many wicked, who,
through their forgetfulness of their destiny
and the terrible judgments of God, live under
the exclusive rule of their passions, that it
has been found necessary to make laws and
institute punishments, in order to restrain
them. Hence, the Catholic religion does not
reject the wise vigilance of police, nor abrogate
its office; she seconds it, on the contrary,
and receives assistance from it, to the very
great advantage of good governments; the
people, through its influence, are ruled better,
and with less austerity and severity."
§ III.
"The second reason which renders the most
mild and moderate governments sufficient in
Catholic States is, the assistance which the
grace of the gospel affords for doing good and
avoiding evil,—an assistance imparted by the
use of the sacraments, or other means employed
by the Spirit from above. Without this,
every law is harsh; this unction softens every
yoke, renders every burden light."
In his third article, Father Zeballos repels the
accusation of despotism with which the enemies
of monarchy reproach it. On this occasion
he points out the just limits of royal authority,
and overthrows an argument which
some persons have pretended to found on the
Scriptures, for the exaggeration of the prerogatives
of the throne. He expresses himself as
follows:
"When the objection, that the sovereign had
the power of seizing the property of every
citizen, was made against monarchy, it was
rather an argument against the nature of despotism
than against the form of monarchical
government. 'What does it avail,' says Theseus
in Euripides, 'to amass riches for our heirs,
to bring up our daughters with care, if we are
to be deprived of the greater portion of these
riches by a tyrant, if our daughters are to
serve the most unruly passions?' You perceive,
then clearly, that in pretending to argue against
the office of a monarch, it is a tyrant only that
is spoken of. True, the frequent abuse of
power resorted to by kings has caused these
names and forms to be confounded. Others
have already observed that the ancients were
scarcely acquainted with the nature of true
monarchy; this was very natural, since they
never witnessed any thing but the abuse of it.
This gives me the opportunity of making a
remark upon the circumstance of the Hebrews
asking to be governed by kings. 'Make us a
king to judge us, as all nations have,' said they
to the prophet. Samuel saw with grief this
levity, which was about to cause a total revolution
in the government appointed by God.
Nevertheless, God commands the prophet to
take no notice of this affront, which was principally
offered to the Lord; for they were
abandoning Him, being unwilling that He
should rule over them any longer. 'As they
have forsaken Me, and served strange gods, so
do they also unto thee,' and ask for kings like
unto those of the nations. Observe what an
intimate connection always exists between a
change of government and a change in religion,
especially when the change is from a true to a
false one.
"But what is particularly deserving of notice
is, the acquiescence granted to the people's
demand. They wish to be ruled by kings, exactly
as all other nations were. The Lord
chastises their spirit of revolt by leaving them
to their desires. He commands Samuel to
comply with their request, but to point out to
them, at the same time, the rights of the king
who was to rule over them like unto the nations,
and said: 'This will be the right of the king
that shall reign over you: he will take your
sons, and will put them in his chariots, and
will make them his horsemen, and his running
footmen, to run before his chariots; and he
will appoint them to be his tribunes, and his
centurions, and to plough his fields, and to reap
his corn, and to make him arms and chariots.
Your daughters also will he take to make him
ointments, and to be his cooks and bakers; and
he will take your fields, and your vineyards,
and your best olive-yards, and give them to his
servants. Moreover, he will take the tenth of
your corn, and of the revenues of your vineyards,
to give to his eunuchs and servants.
Your servants also, and hand-maids, and your
goodliest young men, and your asses, he will
take away, and put them to his work. Your
flocks also he will tithe, and you shall be his
servants; and you shall cry out in that day
from the face of the king whom you have
chosen to yourselves; and the Lord will not
hear you in that day, because you desired unto
yourselves a king. And the people would not
hear the voice of Samuel, and they said, Nay,
but there shall be a king over us, and we also
will be like all nations.' (1st Kings, chap.
viii., from verse 11 to middle of verse 20 inclusively.)
"Some persons, being determined to extend
the power of kings beyond its limits, draw from
these words the formula of royal right. A
blind pretension, and reflecting little honor on
legitimate monarchs such as the Catholic sovereigns.
Unless a person wishes knowingly
to deceive himself on this portion of the Scripture,
or is blind, he may see by the context,
and by comparing this passage with others,
that it is not legitimate right that is here meant,
but de facto right. I mean to say, that the
Holy Spirit does not explain what just monarchs
ought to do; but what had been done,
and was still done, by the kings of Pagan nations,
mere tyrants, and commonly so called.
Observe, that the people demanded nothing
but to be placed on an equality with the Pagan
nations in a political point of view. They
had not the prudence to demand a king such
as he ought to be, but such as was common in
those days; and this was what God granted
them. If God, as the prophet observes, has
sometimes given the people kings in His wrath,
what people were more deserving of this than
those who had abandoned God himself, and
refused to be ruled by Him? Indeed, God did
chastise His people severely by granting them
their foolish demand. He did give them a king,
but a king who was to exercise what, according
to the perverse custom of the times, formed the
royal right described in the sacred text just
quoted.
"What man in our days, conversant with
what has been written upon the different natures
of governments, upon their abuse, and
without even understanding what is said in the
Scriptures, could imagine that the text of
Samuel contains the legitimate form of royalty
or of monarchy? Does this power impart the
right of seizing the property of the subjects,
their lands, their riches, their sons and daughters,
and even their natural liberty? Is this
the model of a monarchy, or of the most tyrannical
despotism? To dispel every illusion
on this point, we need only compare with what
we have just read the 21st chap. of the third
Book of Kings, in which the history of Naboth,
an inhabitant of Jezrael, is narrated.
Achab, the king of Israel, wished to enlarge
the palace, or pleasure-house which he possessed
in that town. A vineyard of Naboth's,
near the palace, came within the plan of the
gardens that were to be added. The king did
not seize it at once, of his own authority, but
asked the proprietor to let him have it on the
honest condition of paying him the price at
which he should value it, or giving him a better
in another place. Naboth would not consent
to this, because it was the inheritance of his
ancestors. The king, not being accustomed
to meet with a refusal, threw himself upon his
couch oppressed with grief; the queen, Jezabel,
came, and told him to calm his agitation: 'Thy
authority is great indeed,' said she to him;
Grandis authoritatis es: she promises to put
him in possession of the vineyard. This
abominable woman wrote to the judges of
Jezrael to commence an action against Naboth
for a calumny, to be proved against him by
two suborned witnesses; and she demanded
that he should be condemned to death. The
queen was obeyed; Naboth was stoned to
death. All this was necessary that the vineyard
might enter into the royal treasury, and
that, watered by the blood of the proprietor,
it might produce flowers for the palace of these
princes. But, in reality, it produced none,
neither for the king nor for the queen; it furnished
them with nothing but briars and mortal
poisons. Elias presents himself before Achab
when he was going to take possession of Naboth's
vineyard; he announces to him that he,
and all his house, even to the dog that approacheth
the wall, shall be erased from the
face of the earth.
"You look upon royal right as explained to
the people by Samuel as legitimate; tell me,
then why Achab and Jezabel are so severely
punished for taking the vineyard and the life
of Naboth, since the king had a right to take
from his subjects their most valuable vineyards
and olive trees, according to the declaration of
the prophet. If Achab possesses this right
after he is established the king of the people
of God, whence comes it that he, so violent a
prince, should entreat Naboth with so much
civility? And why is it necessary to accuse
Naboth of some calumny? His resistance to
the king's right, by refusing to accept the just
value of what was suitable to the enlargement
of the palace and gardens, would have been
a sufficient motive for instituting an action
against him. We find, however, that Naboth
committed no injustice against the king by
refusing to sell his patrimony, not even in the
estimation of the queen, who boasted of her
husband's great authority. This great authority,
which Jezabel admitted in the king, was
neither more nor less than the royal right
spoken of by Samuel to the people; it was, as
I have said, a de facto right to take and seize
upon every thing by mere force, as Montesquieu
says of the tyrant.
"Do not therefore, mention this passage, nor
any other of the Scriptures, to justify the idea
of a government so ill-conceived. The doctrine
of the Catholic religion is attached to legitimate
monarchy, with its suitable characteristics, and
in accordance with the qualities which modern
publicists recognise, viz. as a paternal and sovereign
power, but conformable to the fundamental
laws of the state. Within limits so suitable,
nothing can be more regular than this power,
the most extensive of all temporal powers, and
that which is most favored and supported by the
Catholic Church."
Such is the horrible despotism taught by
these men so basely calumniated! Happy the
people who are ruled by a prince whose government
is regulated by these doctrines!
Note 31, p. 330.
The importance of the matter treated of in
this part of my work obliges me to insert here,
at some length, passages proving the truth of
what I have advanced. I did not think it
advisable to give a translation of the Latin
passages, that I might avoid augmenting excessively
the number of pages; besides, among
the persons who may wish to make themselves
thoroughly acquainted with the subject, and
who will consequently take an interest in consulting
the original texts, there are few ignorant
of the Latin language.
Observe how St. Thomas expresses himself
on royal power, and with what solid and generous
doctrine he points out its duties in the
third book, chap. 11, of his treatise De Regimine
Principum.
DIVUS THOMAS.
"De Regimine Principum, liber iii. caput XI.
"Hic Sanctus Doctor declarat de dominio
regali, in quo consistit, et in quo differt a politico,
et quo modo distinguitur diversimodo
secundum diversas rationes.
"Nunc autem ad regale dominium est procedendum,
ubi est distinguendum de ipso secundum
diversas regiones, et prout a diversis
varie invenitur traditum. Et primo quidem,
in Sacra Scriptura aliter leges regalis dominii
traduntur in Deuteronomio per Moysen, aliter
in 1 Regum per Samuelem prophetam, uterque
tamen in persona Dei differenter ordinat regem
ad utilitatem subditorum, quod est proprium
regum, ut Philosophus tradit in 8 ethic. Cum,
inquit, constitutus fuerit rex, non multiplicabit
sibi equos, nec reducet populum in Ægyptum,
equitatus numero sublevatus, non habebit uxores
plurimas, quæ alliciant animam ejus,
neque argenti, aut auri immensa pondera:
quod quidem qualiter habet intelligi, supra
traditur in hoc lib. describetque sibi Deuteronomium
legis hujus, et habebit secum, legetque
illud omnibus diebus vitæ suæ, ut discat
timere dominum Deum suum, et custodire
verba ejus et cæremonias, et ut videlicet possit
populum dirigere secundum legem divinam,
unde et rex Salomon in principio sui regiminis
hanc sapientiam a Deo petivit, ad directionem
sui regiminis pro utilitate subditorum, sicut
scribitur in 3 lib. Regum. Subdit vero dictus
Moyses in eodem lib. Nec elevetur cor ejus in
superfluum super fratres suos, neque declinet
in partem dexteram, vel sinistram, ut longo
tempore regat ipse et filius ejus super Israel.
Sed in primo Regum, traduntur leges regni,
magis ad utilitatem Regis, ut supra patuit in
lib. 2 hujus operis, ubi ponuntur verba omnino
pertinentia ad conditionem servilem, et tamen
Samuel leges quas tradit cum sint penitus despoticæ
dicit esse regales. Philosophus autem
in 8 ethic. magis concordat cum primis legibus.
Tria enim ponit de rege in eo. 4, videlicet,
quod ille legitimus est rex qui principaliter
bonum subditorum intendit. Item, ille rex est,
qui curam subditorum habet, ut bene operentur
quemadmodum pastor ovium. Ex quibus omnibus
manifestum est, quod juxta istum, modum
despoticum multum differat a regali, ut
idem Philosophus videtur dicere in 1 politic.
Item, quod regnum non est propter regem, sed
rex propter regnum, quia ad hoc Deus providit
de eis, ut regnum regant et gubernent, et unumquemque
in suo jure conservent: et hic est finis
regiminis, quod si ad aliud faciunt in seipsos
commodum retorquendo, non sunt reges sed tyranni.
Contra quos dicit Dominus in Ezech.
Væ pastoribus Israel, qui pascunt semetipsos.
Nonne greges pascuntur a pastoribus? Lac
comedebatis, et lanis operiebamini, et quod
crassum erat occidebatis: gregem autem meum
non pascebatis: quod infirmum fuit, non consolidastis,
et quod ægrotum non sanastis, quod
confractum non alligastis, quod abjectum non
reduxistis, et quod perierat non quæsistis;
sed cum austeritate imperabatis eis et cum potentia.
In quibus verbis nobis sufficienter
forma regiminis traditur redarguendo contrarium.
Amplius autem regnum ex hominibus
constituitur, sicut domus ex parietibus, et
corpus humanum ex membris, ut Philos. dicit in
3 politic. Finis ergo regis est, ut regimen prosperetur,
quod homines conserventur per regem.
Et hinc habet commune bonum cujuslibet
principatus participationem divinæ bonitatis:
unde bonum commune dicitur a Philosopho in
1 ethic. esse quod omnia appetunt, et esse
bonum divinum, ut sicut Deus qui est rex regum,
et dominus dominantium, cujus virtute
principes imperant, ut probatum est supra, nos
regit et gubernat non propter seipsum, sed propter
nostram salutem: ita et reges faciant et alii
dominatores in orbe."
Note 32, p. 336.
I have noticed the opinion of D. Felix Amat,
Archbishop of Palmyra, with respect to the
obedience due to de facto governments. I have
remarked, that this writer's principles, besides
being false, are opposed to the rights of the
people. The Archbishop of Palmyra appears
to have been at a loss to discover a maxim to
which it is possible to conform under all circumstances
that may occur, and which do occur
but too often. He dreaded the obscurity
and confusion of ideas when the legitimacy of
a given case was to be defined; he wished to
remedy an evil, but he appears to have aggravated
it to an extraordinary degree. Observe
how he sets forth his opinion in his work entitled
Idea of the Church Militant, chap. iii.
art. 2:
"The more I reflect," says he, "on the difficulties
I have just pointed out, the more I am
convinced that it is impossible to resolve them,
even those which are ancient, with any degree
of certainty; and it is equally impossible to
derive any light from them to aid us in resolving
those which are formed at the present day
by the struggle between the prevailing spirit
of insubordination in opposition to the judgment
and will of the governor, and the contrary
effort made to limit more and more the
liberty of those who obey. Starting from the
divers points and notions that I have laid down
relative to the supreme power in all really civil
societies, it appears to me, that, instead of losing
time in mere speculative discussions, it will
be more useful to propose a practical, just, and
opportune maxim for the preservation of public
tranquillity, especially in Christian kingdoms
and states, and for affording the means
of re-establishing it when it has been troubled
or destroyed.
"The Maxim.—No one can doubt the legitimacy
of the obligation of every member of any
civil society whatever to obey the government
which is de facto and unquestionably established.
I say 'unquestionably established,' because
there is here no question of a mere invasion
or temporary occupation in time of war.
From this maxim follow two consequences:
1st, to take part in insurrections, or assemblages
of people, addressing themselves to the
constituted authorities with a view to compel
them to grant what they consider unjust, is
always an act contrary to right reason; always
unlawful, condemned by the natural law and
by the Gospel. 2dly, individual members of
society, who combine together and take up
arms, in small or large numbers, for the purpose
of attacking the established government
by physical force, are always guilty of rebellion,
a crime strongly opposed to the spirit of
our divine religion."
I will not here repeat what I have already
said on the unsoundness, the inconveniences,
and the dangers of such a doctrine, but merely
add, that with respect to governments only
established de facto, to grant them the right of
commanding and exacting obedience involves
a contradiction. To say that a de facto government
is bound, whilst it does exist, to protect
justice, to avoid crimes, to prevent the
dissolution of society, is merely to maintain
truths universally admitted, and denied by no
one; but to add, that it is unlawful, and contrary
to our holy religion, to combine together
and raise forces for the overthrow of a de facto
government, is a doctrine which Catholic theologians
have never professed, which true philosophy
has never admitted, and which no nation
has ever observed.
Note 33, p. 343.
I insert here certain remarkable passages from
St. Thomas and Suarez, in which these authors
explain the opinions to which I have alluded
in the text, respecting the differences which
may arise between governors and the governed.
I refer to what I have already pointed out in
another place; we are not about to examine so
much whether such or such doctrines are true,
as to discover what were the doctrines at the
time we are speaking of, and what opinion
the most distinguished doctors formed on the
delicate questions of which we are treating.
D. THOMAS.
(2. 2. Q. 42. art. 2o ad tertium.—Utrum seditio sit
semper peccatum mortale?)
3. Arg. Laudantur qui multitudinem a potestate
tyrannica liberant, sed hoc non de facili
potest fieri sine aliqua dissensione multitudinis,
dum una pars multitudinis nititur retinere
tyrannum, alia vero nititur eum abjicere, ergo
seditio potest fieri sine peccato.
Ad tertium dicendum; quod regimen tyrannicum
non est justum quia non ordinatur ad
bonum commune, sed ad bonum privatum
regentis ut patet per Philosophum; et ideo
perturbatio hujus regiminis non habet rationem
seditionis, nisi forte quando sic inordinate perturbatur
tyranni regimen, quod multitudo subjecta
majus detrimentum patitur ex perturbatione
consequenti quam ex tyranni regimine;
magis autem tyrannus seditiosus est, qui in
populo sibi subjecto discordias et seditiones
nutrit, ut tutius dominari possit; hoc enim
tyrannicum est, cum sit ordinatum ad bonum
proprium præsidentis cum multitudinis nocumento.
Cardinalis Cayetanus in hunc textum. "Quis
sit autem modus ordinatus perturbandi tyrannum
et qualem tyrannum, puta secundum regimen
tantum, vel secundum regimen et
titulum, non est præsentis intentionis: sat est
nunc, quod utrumque tyrannum licet ordinate
perturbare absque seditione quandoque; illum
ut bono reipublicæ vacet, istum ut expellatur."
LIB. I.
De Regimine Principum. (Cap. x.)
Quod rex et princeps studere debet ad bonum regimen
propter bonum sui ipsius, et utile quod inde
sequitur, cujus contrarium sequitur regimen
tyrannicum.
Tyrannorum vero dominium diuturnum esse
non potest, cum sit multitudini odiosum. Non
potest enim diu conservari, quod votis multorum
repugnat. Vix enim a quoquam præsens vita
transigitur quin aliquas adversitates patiatur.
Adversitatis autem tempore occasio deesse non
potest contra tyrannum insurgendi; et ubi
adsit occasio, non deerit ex multis vel unus qui
occasione non utatur. Insurgentem autem populus
votive prosequitur: nec de facili carebit
effectu, quod cum favore multitudinis attentatur.
Vix ergo potest contingere, quod tyranni
dominium protendatur in longum. Hoc etiam
manifeste patet, si quis consideret unde tyranni
dominium conservatur. Non n. conservatur
amore, cum parva, vel nulla sit amicitia subjectæ
multitudinis ad tyrannum ut ex præhabitis
patet: de subditorum autem fide tyrannis
confidendum non est. Non n. invenitur tanta
virtus in multis, ut fidelitatis virtute reprimantur,
ne indebitæ servitutis jugum, si possint,
excutiant. Fortassis autem nec fidelitati contrarium
reputabitur secundum opinionem multorum,
si tyrannicæ nequitiæ qualitercumque
obvietur. Restat ergo ut solo timore tyranni
regimen sustentetur; unde et timeri se a
subditis tota intentione procurant. Timor
autem est debile fundamentum. Nam qui
timore subduntur, si occurrat occasio qua possint
impunitatem sperare, contra præsidentes
insurgunt eo ardentius, quo magis contra voluntatem
ex solo timore cohibebantur. Sicut
si aqua per violentiam includatur, cum aditum
invenerit, impetuosius fluit. Sed nec ipse timor
caret periculo, cum ex nimio timore plerique in
desperationem inciderint. Salutis autem desperatio
audacter ad quælibet attentanda præcipitat.
Non potest igitur tyranni dominium
esse diuturnum. Hoc etiam non minus
exemplis, quam rationibus apparet.
LIB. I. CAP. VI.
Conclusio; quod regimen unius simpliciter sit optimum;
ostendit qualiter multitudo se debet habere
circa ipsum, quia auferenda est ei occasio ne tyrannizet,
ei quod etiam in hoc est tolerandus propter
majus malum vitandum.
Quia ergo unius regimen præ eligendum est,
quod est optimum, et contingit ipsum in tyrannidem
converti, quod est pessimum, ut ex dictis
patet, laborandum est diligenti studio, ut sic
multitudini provideatur de rege, ut non incidat
in tyrannum. Primum autem est necessarium,
ut talis conditionis homo ab illis ad quos hoc
spectat officium, promoveatur in regem, quod
non sit probabile in tyrannidem declinare.
Unde Samuel Dei providentiam erga institutionem
regis commendans, ait, 1 Regum xiii.:
Quæsivit sibi Dominus, virum secundum cor
suum: deinde sic disponenda est regni gubernatio,
ut regi jam instituto tyrannidis subtrahatur
occasio. Simul etiam sic ejus temperetur
potestas, ut in tyrannidem de facili declinare
non possit. Quæ quidem ut fiant, insequentibus
considerandum erit. Demum vero curandum
est, si rex in tyrannidem diverteret,
qualiter posset occuri. Et quidem si non fuerit
excessus tyrannidis, utilius est remissam tyrannidem
tolerare ad tempus, quam tyrannum
agendo multis implicari periculis, quæ sunt
graviora ipsa tyrannide. Potest, n. contingere
ut qui contra tyrannum agunt prævalere non
possint, et sic provocatus tyrannus magis desæviat.
Quod si prævalere quis possit adversus
tyrannum, ex hoc ipso proveniunt multoties
gravissimæ dissensiones in populo, sive dum
in tyrannum insurgitur, sive post dejectionem
tyranni erga ordinationem regiminis multitudo
separatur in partes. Contingit etiam ut interdum
dum alicujus auxilio multitudo expellit
tyrannum, ille potestate accepta tyrannidem
arripiat, et timens pati ab alio quod ipse in
alium fecit, graviori servitute subditos opprimat.
Sic enim in tyrannide solet contingere,
ut posterior gravior fiat quam præcedens, dum
præcedentia gravamina non deserit, et ipse ex
sui cordis malitia nova excogitat: unde Syracusis
quondam Dyonisii mortem omnibus desiderantibus,
anus quædem ut incolumnis et sibi
superstes esset, continue orabat: quod ut
tyrannus cognovit, cur hoc faceret interrogavit.
Tum illa, puella, inquit, existens cum gravem
tyrannum haberemus, mortem ejus cupiebam,
quo interfecto, aliquantulum durior successit;
ejus quoque dominationem finiri magnum existimabam,
tertium te importuniorem habere
cœpimus rectorem; itaque si tu fueris absumptus,
deterior in locum tuum succedet. Et si
sit intolerabilis excessus tyrannidis, quibusdam
visum fuit, ut ad fortium virorum virtutem pertineat
tyrannum interimere, seque pro liberatione
multitudinis exponere periculis mortis:
cujus rei exemplum etiam in veteri Testamento
habetur. Nam Ajoth quidam Eglon regem
Moab, qui gravi servitute populum Dei premebat,
sica infixa in ejus femore interemit, et
factus est populi judex. Sed hoc Apostolicæ
doctrinæ non congruit. Docet n. nos Petrus,
non bonis tantum et modestis, verum etiam discolis
Dominis reverenter subditos esse. 2 Petr.
ii. Hæc est enim gratia, si propter conscientiam
Dei sustineat quis tristitias patiens injuste:
unde cum multi Romani Imperatores
fidem Christi persequerentur tyrannice, magnaque
multitudo tam nobilium, quam populi
esset ad fidem conversa, non resistendo, sed
mortem patienter et armati sustinentes pro
Christo laudantur, ut in sacra Thebæorum legione
manifeste apparet; magisque Ajoth judicandus
est hostem interemisse, quam populi
rectorem, licet tyrannum; unde et in veteri
Testamento leguntur occisi fuisse hi qui occiderunt
Joas regem Juda, quamvis a cultu Dei
recedentem, eorumque filiis reservatis secundum
legis præceptum. Esset autem hoc multitudini
periculosum et ejus rectoribus, si
privata præsumptione aliqui attentarent præsidentium
necem etiam tyrannorum. Plerumque
enim hujusmodi periculis magis exponunt se
mali quam boni. Malis autem solet esse grave
dominium non minus regum quam tyrannorum,
quia secundum sententiam Salomonis: Dissipat
impios rex sapiens. Magis igitur ex hujus
præsumptione immineret periculum multitudini
de amissione regis, quam remedium de
subtractione tyranni. Videtur autem magis
contra tyrannorum sævitiam non privata præsumptione
aliquorum, sed auctoritate publica
procedendum. Primo quidem, si ad jus multitudinis
alicujus pertineat sibi providere de
rege, non injuste ab eadem rex institutus potest
destitui, vel refrænari ejus potestas, si potestate
regia tyrannice abutatur. Nec putanda
est talis multitudo infideliter agere tyrannum
destituens, etiamsi eidem in perpetuo se ante
subjecerat: quia hoc ipse meruit in multitudinis
regimine se non fideliter gerens, ut exigit
regis officium, quod ei pactum a subditis non
reservetur. Sic Romani Tarquinium superbum
quem in regem susceperant, propter ejus et
filiorum tyrannidem a regno ejecerunt substituta
minori, scilicet consularia potestate. Sic
etiam Domitianus, qui modestissimis Imperatoribus
Vespasiano patri, et Tito fratri ejus
successerat, dum tyrannidem exercet, a senatu
Romano interemptus est, omnibus quæ perverse
Romanis fecerat per Senatusconsultum juste et
salubriter in irritum revocatis. Quo factum
est, ut beatus Joannes Evangelista dilectus Dei
discipulus, qui per ipsum Domitianum in Pathmos
insulam fuerat exilio relegatus, ad Ephesum
per Senatusconsultum remitteretur. Si
vero ad jus alicujus superioris pertineat multitudini
providere de rege, spectandum est ab eo
remedium contra tyranni nequitiam. Sic
Archelai, qui in Judæa pro Herode patre suo
regnare jam cœperat, paternam malitiam imitantis,
Judæis contra eum querimoniam ad
Cesarem Augustum deferentibus, primo quidem
potestas diminuitur, ablato sibi regio nomine,
et medietate regni sui inter duos fratres
suos divisa: deinde cum nec sic a tyrannide
compesceretur a Tiberio Cesare relegatus est
in exilium apud Lugdunum Galliæ civitatem.
Quod si omnino contra tyrannum auxilium humanum
haberi non potest, recurrendum est ad
regem omnium Deum, quid est adjutor in opportunitatibus
in tribulatione. Ejus enim potentiæ
subest, ut cor tyranni crudele convertat
in mansuetudinem, secundum Salomonis sententiam.
Proverb. xii. Cor regis in manu Dei
quocumque voluerit inclinavit illud. Ipse enim
regis Assueri crudelitatem, qui Judæis mortem
parabat, in mansuetudinem vertit. Ipse est qui
ita Nabuchodonosor, crudelem regem convertit,
quod factus est divinæ potentiæ prædicator.
Nunc igitur, inquit, ego Nabuchodonosor laudo,
et magnifico, et glorifico regem cœli, quia opera
ejus vera et viæ ejus judicia, et gradientes in
superbia potest humiliare. Dan. iv. Tyrannos
vero quos reputat conversione indignos, potest
auferre de medio vel ad infimum statum reducere,
secundum illud Sapientes Eccles. x. Sedem
ducum superborum destruxit Deus, et sedere
fecit mites pro eis. Ipse enim qui videns
afflictionem populi sui in Ægypto, et audiens
eorum clamorem Pharaonem tyrannum dejecit
cum exercitu suo in mare; ipse est qui memoratum
Nabuchodonosor prius superbientem non
solum ejectum de regni solio, sed etiam de hominum
consortio, in similitudinem bestiæ commutavit.
Nec enim abreviata manus ejus est,
ut populum suum a tyrannis liberare non possit.
Promittit enim populo suo per Isaiam, requiem
se daturum a labore et confusione, ac servitute
dura, qua ante servierat, et per Ezech. xxxiv.
dicit: Liberabo meum gregem de ore eorum
pastorum, qui pascunt seipsos. Sed ut, hoc
beneficium populus a Deo consequi mereatur,
debet a peccatis cessare, quia in ultionem peccati
divina permissione impii accipiunt principatum,
dicente Domino per Osee xiii.: Dabo
tibi regem in furore meo, et in Job. xxxiv. dicitur,
quod regnare facit hominem hypocritam
propter peccata populi. Tollenda est igitur
culpa, ut cesset a tyrannorum plaga.
SUAREZ.
(Disp. 13. De Bello. sect. 8.—Utrum seditio sit
intrinsece mala?)
Seditio dicitur bellum commune intra eamdem
Rempublicam, quod geri potest, vel inter
duas partes ejus, vel inter Principem et Rempublicam.
Dico primo: Seditio inter duas partes
Reipublicæ semper est mala ex parte aggressoris:
ex parte vero defendentis se justa
est. Hoc secundum per se est notum. Primum
ostenditur: quia nulla cernitur ibi legitima
auctoritas ad indicendum bellum; hæc enim
residet in supremo Principe, ut vidimus sect.
2. Dices, interdum poterit Princeps eam auctoritatem
concedere, si magna necessitas publica
urgeat. At tunc jam non censetur aggredi
pars Reipublicæ, sed Princeps ipse; sicque
nulla erit seditio de qua loquimur. Sed, quid
si illa Reipublicæ pars sit vere offensa ab alia
neque possit per Principem jus suum obtinere?
Respondeo, non posse plus efficere, quam possit
persona privata, ut ex superioribus constare
facile potest.
Dico secundo: Bellum Reipublicæ contra
Principem, etiamsi aggressivum, non est intrinsece
malum; habere tamen debet conditiones
justi alias belli, ut honestetur. Conclusio
solum habet locum, quando Princeps est
tyrannus; quod duobus modis contingit, ut
Cajet. not. 2. 2. q. 64 articulo primo ad tertium:
primo si tyrannus sit quoad dominium, et potestatem:
secundo solum quoad regimen.
Quando priori modo accidit tyrannus, tota
Respublica, et quodlibet ejus membrum jus
habet contra illum; unde quilibet potest se ac
Rempublicam a tyrannide vindicare. Ratio
est; quia tyrannus ille aggressor est, et inique
bellum movet contra Rempublicam, et singula
membra; unde omnibus competit jus defensionis.
Ita Cajetanus eo loco, sumique potest ex
D. Thom. in secundo, distinctione 44, quæstione
secunda, articulo secundo. De posteriori
tyranno idem docuit Joann. Hus, imo de omni
iniquo superiore; quod damnatum est in Concilio
Constant. Sessione 8 et 15. Unde certa veritas
est, contra hujusmodi tyrannum nullam privatam
personam, aut potestatem imperfectam
posse juste movere bellum aggressivum, atque
illud esset propie seditio. Probatur, quoniam
ille, ut supponitur, verus est Dominus: inferiores
autem jus non habent indicendi bellum,
sed defendendi se tantum; quod non habet locum
in hoc tyranno: namque ille non semper
singulis facit injuriam, atque si invaderent, id
solum possent efficere, quod ad suam defensionem
sufficeret. At vero tota Respublica
posset bello insurgere contra ejusmodi tyrannum,
neque tunc excitaretur propia seditio (hoc
siquidem nomen in malam partem sumi consuevit).
Ratio est: quia tunc tota Respublica
superior est Rege: nam, cum ipsa dederit illi
potestatem, ea conditione dedisse censetur, ut
politice, non tyrannice regeret, alias ab ipsa
posset deponi. Est tamen observandum, ut ille
vere, et manifeste tyrannice agat; concurrantque
aliæ conditiones ad honestatem belli positas.
Lege Divum Thomum 1 de regimine
Principum, cap. 6.
Dico tertio: Bellum Reipublicæ contra Regem
neutro modo tyrannum, est propiissime
seditio, et intrinsece malum. Est certa, et inde
constat: quia deest tunc et causa justa, et potestas.
Ex quo etiam e contrario constat, bellum
Principis contra Rempublicam sibi subditam,
ex parte potestatis posse esse justum, si
adsint aliæ conditiones; si vero desint, injustum
omnino esse.[E]
Listen to the language of P. Marquez in
Spain, in the so-called despotic times: it is well
known that his work intituled El Gobernador
Cristiano was not one of those obscure books
which are never widely circulated; it met
with such success that it went through several
editions, as well in Spain as in foreign countries.
I will give the title at length, and I will
add, at the same time, a note of the editions
published at different epochs, in different countries,
in different languages,—a note which is
to be found in the edition of Madrid in 1773.
"The Christian Magistrate (El Gobernador
Cristiano), according to the Life of Moses, the
Ruler of the People of God, by the R. P. M.
J. R. John Marquez, O. S. A., preacher to his
Majesty King Philip III., Examiner of the
Holy Office of the Inquisition, and Evening
Professor of Theology at the University of
Salamanca. New and sixth edition, with permission.
Madrid, 1773."
"The Christian Magistrate, composed at the
request and in honor of His Excellency the
Duke of Feria, first published at Salamanca,
in the year 1612; a second edition in the same
town in 1619; a third edition at Alcala in 1634,
and a fourth at Madrid in 1640; the fifth edition
was published out of Spain, at Brussels,
in 1664. This is the masterpiece among works
of this nature which have been written among us.
"Father Martin of St. Bernard, of the Order
of Cîteaux, translated this work into Italian,
and had it printed at Naples, in 1646. It was
also translated into French by M. de Virion,
counsellor to the Duke of Lorraine, and it was
printed at Nancy in 1621."
BOOK I. CHAP. 8.
"We have now to answer the contrary objections.
We maintain that neither the divine
nor the natural law has given to states
the power of arresting the progress of tyranny
by means so violent as that of shedding the
blood of princes, they being the vicars of God,
divinely invested with the right of life and
death over other men. But so far as resisting
their cruelty is concerned, it is incontestable
that it may and ought to be done. They are
not to be obeyed in any thing opposed to the
law of God; we must, therefore, escape from
their wicked commands, and prevent their
blows, as Jonathan did with regard to Saul,
his father, when he saw him take his spear to
smite David, and when, rising from the table,
he went in search of the latter, and warned
him of his danger. It is also sometimes allowable
to resist princes by force of arms, in order
to prevent them from executing notoriously
rash and cruel determinations; for, according
to the words of St. Thomas, this is not to excite
sedition, but to stop and prevent it. Tertullian
affirms the same thing when he says:
'Illis nomen factionis accommodandum est,
qui in odium bonorum et proborum conspirant,
cum boni, cum pii congregantur, non est factio
dicenda, sed curia.'
"This is the reason why the blessed St. Hermenegildus,
a glorious Spanish martyr, took
up arms and entered the field against King
Leovigildus, an Arian, to resist the great persecution
directed by this prince against the
Catholics. This fact is related by the contemporary
historians. True, St. Gregory of Tours
condemns this act of our king-martyr, not for
having resisted his sovereign, but because the
former was both his king and his father: and
he maintains that although he was a heretic,
his son ought not to have resisted him. This
reply, however, is not well founded, as Baronius
observes. Moreover, the authority of this
Gregory was combated by another Gregory,
greater than he, St. Gregory the Great, who,
in the preface to his book of Morales, approves
of the embassy of Leander, sent to Constantinople
by St. Hermenegildus, to solicit the aid
of Tiberius against Leovigildus, his father. It
is indubitable that however strong may be the
obligation of filial piety, that of religion is
still stronger. The latter obliges us to sacrifice
every thing if it be necessary; and it is
on account of cases of this nature, that it is
written of the tribe of Levi: 'Qui dixerunt
patri suo et matri suæ, nescio vos, et fratribus
suis ignoro vos, nescierunt filios suos.' Such
was the conduct of the Levites when they took
up arms, by the command of Moses, to punish
their relations for the sin of idolatry.
"If the prince should go so far as personally
to make an attempt upon the life of the subject
who has no other means of defending himself
than killing him,—as when Nero, parading the
streets of Rome, followed by a troop of armed
men, attacked the quiet and unsuspecting citizens;
I say, that in such a case it would be allowable
to kill him; for if it is true, as Fr.
Dominic de Soto observes, that the subject in
this extremity is to suffer himself to be killed,
and so prefer the monarch's life to his own, it
is solely in the case when the death of the
monarch would give rise to great troubles and
civil wars in the state; in any other case it
would be monstrously inhuman to force men to
a thing so insupportable. But when the subject's
property is merely to be defended against
the cupidity of the monarch, it should not be
allowable to lay hands on him; for it is a privilege
granted to princes by divine and human
laws, that their blood shall not be spilt for any
outrage which, committed by any other violator
of private property, would be a sufficient
motive for taking away his life. The reason
of this is, that the life of the king is the soul
and bond of the state; that it is of more importance
than the property of individuals;
that it is better to tolerate grievances of this
nature, than to destroy the head of the state."
Note 34, p. 348.
In order to give an idea of the means employed
at this epoch to limit the power of the
monarch, by forming associations, whether
among the people themselves, or between the
people, the grandees, and the clergy, I insert
here the letter, or Charter of Fraternity (Hermandad),
which the kingdoms of Leon and
Galicia made with Castile. I have extracted
this piece literally from the collection intituled
Bullarium ordinis militiæ sancti Jacobi Gloriosissimi
Hispaniarum patroni, p. 223. It will
prove to us the existence already, at a remote
epoch of our history, of a lively instinct for
liberty, although ideas were still limited to a
secondary order.
"1. In the name of God and of the blessed
Virgin. Amen.
"Be it known to all those who shall read
this letter, that on account of the innumerable
acts of injustice, injuries, deeds of violence,
murders, imprisonments, insolent refusals of
audience, opprobriums, and other outrages
without measure, committed against us by the
king D. Alphonso, to the contempt of God, of
justice, of right, and to the great detriment
of all these kingdoms; we, the infantes, the
prelates, the rich men, the councils, the orders,
the knights of the kingdoms of Leon and Galicia,
seeing ourselves overwhelmed with injustice
and ill-treatment, as we have stated
above, and finding it insupportable; our lord
the infante Don Sancho has thought good and
appointed that we should be of one mind and
of one heart, he with us and we with him, to
maintain our laws, our privileges, and our
charters, in our usages, our manners, our liberties,
and franchises, which we enjoyed under
king Don Alphonso, his great-grandfather, the
conqueror at the battle of Merida, and under
king Don Ferdinand, his grandfather; under
the emperor and all the other kings of Spain,
their predecessors; and under the king Don
Alphonso, his father,—all princes who have
best merited our gratitude; and our said lord
the infante Don Sancho has bound us to this effect
by oath and promise, as it is certain by letters
between him and us. Considering that it is
agreeable to the service of God, of the blessed
Virgin, of the court of Heaven, to the defence
and honor of the holy Church, of the infante
Don Sancho, and of the kings who shall succeed
him, in fine, to the advantage of the
whole country, we ordain and establish fraternity
(hermandad), now and for ever, we the
whole of the kingdoms above named, with the
councils of the kingdom of Castile, with the
infantes, the rich men, the hidalgos, the prelates,
the orders, the knights, and all others who are
in this kingdom, and who are willing to be
with us, as it has just been said.
"2. Be it known to them, that we will insure
to our lord the infante Don Sancho, and to all
other kings who shall succeed him, all their
rights, all their suzerainty, wholly and entirely,
as we have promised, and as they are contained
in the privilege which he has given us to
this effect. Justice shall continue to be decreed
by the suzerainty. The Martiniega[F]
shall be paid in the place and in the manner
in which it was customary to pay it, according
to right, to Don Alphonso, the conqueror at
the battle of Merida. The money[G] shall be
paid at the end of seven years in the usual
place and manner, the kings not enjoining the
coining of money. The repast (yantar)[H] shall
be taken in the place in which it was usual for
the kings to take it, according to the fuero,
once a year, while visiting the very place, as
it was given to the king Don Alphonso, his
great-grandfather, and to the king Don Ferdinand,
his grandfather. The fonsadera,[I] when
the king is with the army, in the customary
place, according to the fuero and right in the
days of the above-named kings, guaranteeing
to each the privileges, charters, liberties, and
franchises appertaining to us.
"3. Be it known to them moreover, that we
will maintain all our rights, usages, customs,
privileges, charters, all our liberties and franchises,
always and in such a manner, that should
the king, the infante Don Sancho, or the kings
who shall succeed them, or any of the lords,
alcades, merinos, or any other persons, attempt
to infringe upon them, in whole or in part, in
any way or at any time, we will unite into one
entire whole, and inform the king, the infante
Don Sancho, or those who shall succeed them,
of the nature of our complaint, and ask them
if they are willing to reform; and if not, we
will unite into one entire body to defend and
protect ourselves, as it is ordained in the
charter granted us by the infante Don Sancho.
"4. Moreover, be it known to them that no
member of this hermandad shall be chastised,
and nothing shall be taken from him contrary
to right and the custom of the place, in the
councils of the said hermandad; and it shall
not be allowable to take from him more than
is demanded by the fuero, in the place in which
he shall be.
"5. We protest, that if an alcade, a merino,
or any other person, on the authority of a letter
of the king, of the infante Don Sancho, by his
command, or that of the kings who shall succeed
him, shall kill a man of our hermandad
without hearing him and judging him according
to law, that we, the hermandad, will take
away his life for such an act. And if we cannot
arrest him, he shall be declared an enemy to
the hermandad; every member of the hermandad
who shall have concealed him shall fall
under the penalty of perjury and felony, and
shall be treated in his turn as an enemy to this
hermandad.
"6. We declare, moreover, that the port-duties
shall be paid by us only in conformity
to the rights and usages of the times of Don
Alphonso, or the king Don Ferdinand, and
the councils of the hermandad will not permit
any person to receive them beyond this measure.
"7. Moreover, no infante or rich man shall
be a merino or grand bailiff in the kingdoms
of Leon and Galicia. Neither can these functions
be exercised by an infançon, or a knight
having notoriously a great number of knights
or other men of the country in vassalage;
neither can they be exercised by a stranger to
the country. And we so will it, because such
was the custom in the days of the king Don
Alphonso and of the king Don Ferdinand.
"8. All those who may wish to appeal from
the judgment of the king, or of Don Sancho,
or of other kings who shall succeed him, may
do so; they shall have recourse to the book
of the Fuero Juzgo, in the kingdom of Leon,
as was usual in the days of the kings who preceded
this. That if the right of appeal be
refused to any who may wish to invoke it, we,
on our part, will act according to the injunctions
contained in the charters granted us by
Don Sancho.
"9. That we may guarantee and execute all
the acts of this hermandad, we make a seal of
two plates, bearing the following impressions:
upon one of the plates, the figure of a lion; and
upon the other, the figure of St. James on
horseback, with a sword in his right hand; in
his left, a standard with a cross at the top, and
shells. The inscription shall be thus expressed:
'The Seal of the Hermandad of the Kingdoms
of Leon and Galicia.' This seal shall be affixed
to the documents which shall be required by
this hermandad.
"10. We the whole hermandad of Castile,
make a promise and render homage to all the
hermandad of the kingdoms of Leon and Galicia,
that we will assist each other well and
loyally to keep and maintain every one of the
above-named things. That if we fail to do so,
we are traitors for this alone, like him who
slays his lord or surrenders a castle; and may
we never in that case have either hands, or
tongues, or arms to protect ourselves.
"11. But lest there should be any doubt
about the pact we are now making, in order
that this pact may be for ever inviolate, we seal
this letter with the two seals of the hermandad
of Castile, Leon, and Galicia, and place it in
the hands of D. Pedro Nunez, and the Order
of the Knights of St. John, who are united
with us in this hermandad. Given at Valladolid,
the 8th day of July, in the year one
thousand three hundred and twenty."
Spain had passed through many centuries
without knowing of any other religion than
the Catholic. She still preserved in all its
force and vigor, the idea that the king should
be the first to observe the laws; that he could
not rule the people according to his caprice;
that he ought to govern by principles of justice
and views of public expediency. Saavedra,
in his Devises, thus expressed himself:—
"1st. Laws are vain when the prince who
promulgates them does not confirm and uphold
them by his own life and example. A law will
appear lenient to the people when observed by
its author.
"In commune jubes si quid, censesve tenendum,
Primus jussa sibi, tunc observantior æqui
Fit populus, nec ferre vetat, cum videri ipsum
Auctorem parere sibi.
"The laws promulgated by Servius Tullius
were not only intended for the people, but also
for kings. The disputes between the monarch
and his subjects were to be settled in conformity
with these laws, as Tacitus relates of Tiberius:
'Although we are not subject to the laws,' said
the emperors Severus and Antonius, 'let us conform
our lives to these laws.' The monarch is
bound by the law not merely from the fact of
its being a law, but from the very reason upon
which it is founded, when it is natural and
common to all, and not particular and exclusively
destined to the right government of subjects;
for in this case the observance of the
law merely concerns the subject, although the
monarch, if it should so happen, is bound to
obey it, in order to render it tolerable to others.
Such appears to have been the meaning of the
mysterious command given by God to Ezechiel,
to eat the volume, that others seeing him the
first to taste the laws and declare them good,
might be induced to imitate him. The kings
of Spain are so far subject to the laws, that
the Treasury, in causes relating to the royal
patrimony, is absolutely subject to the same
laws as the least of his subjects; and in doubtful
cases, the Treasury is condemned. Philip
II. thus ordained it; and on an occasion in
which his grandson Philip IV., the glorious
father of V. A., was personally brought to
judgment in an important trial of the Chamber,
before the royal council, the judges had the
noble determination to condemn him, and his
majesty had the rectitude to hear the sentence
without expressing any indignation. Happy
empire, in which the cause of the monarch is
always the least favored!"
Note 35, p. 356.
Sufficient attention has not perhaps been paid
to the merit of the industrial organization introduced
into Europe from the earliest ages, and
which became more and more diffused after the
twelfth century. I allude to the trades-unions,
and other associations, which, established under
the influence of the Catholic religion, commonly
placed themselves under the patronage
of some Saint, and had pious foundations for
the celebration of their feasts, and for assisting
each other in their necessities. Our celebrated
Capmany, in his Historical memoirs on
the Marine, Commerce, and the Arts of the ancient
City of Barcelona, has published a collection
of documents, very valuable for the history
of the working classes and of the development
of their influence on politics. Few works have
appeared in foreign countries, in the latter part
of the last century, of such great merit as that
of our fellow-countryman, published in 1779.
One very interesting chapter of this work is
devoted to the institution of trades-corporations.
I give here a copy of the chapter, which
I particularly recommend to the perusal of
those persons who imagine that nothing had
been thought of in Europe for the benefit of the
laboring classes, of those who are so foolish as
to look upon that as a means of slavery and
exclusivism, which was in reality a means of
encouragement and of mutual support. It also
appears to me that, by reading the philosophical
remarks of Capmany, every sensible man
will be convinced that Europe, from the earliest
ages, has possessed systems adapted to the encouragement
of industry, to the preservation
of it from the fatal agitations of those times,
to secure esteem for it, and to the legitimate
and salutary development of the popular element.
It will be no less useful to present this
sketch to certain foreign writers, continually
occupied with social and political economy, and
who, nevertheless, in compiling the history of
that science, have not even been acquainted
with a work so important for every thing connected
with the middle ages of Europe, from
the eleventh to the eighteenth century.
"Of the institution of the Trades-Corporations
and other Associations of Artisans at Barcelona.
"No memoir has hitherto been discovered
which might serve to enlighten and guide us
in fixing the exact epoch of the institution of
the trades-associations at Barcelona.[J] But
according to all the conjectures furnished by
ancient monuments, it is very probable that
the political erection or formation of the bodies
of laborers took place in the time of Don Jaime
I., under whose glorious reign the arts were
developed under a favorable influence; whilst
commerce and navigation took a higher flight,
owing to the expeditions of the Aragonese arms
beyond the seas. Increased facilities in the
means of transport have given an impetus to
industry; and an increasing population, the
natural result of labor, by its reaction upon
labor, augmented the demand for it. At Barcelona,
as every where else, trades-corporations
naturally arose when the wants and the tastes
of society had, of necessity, grown so multifarious,
that artisans were forced, with a view
to secure protection to their industry, to form
themselves into communities. Luxury, and
the tastes of society, like every other object
of commerce, are subject to continual change;
hence, new branches of trade are continually
springing up and displacing others; so that at
one period each separate art runs into various
branches, whilst at another, several arts are
combined into one. At Barcelona, corporate
industry has passed through all these vicissitudes
in the course of five centuries. The
hardware trade has comprised at different periods
eleven or twelve branches, and consequently
afforded subsistence to as many classes of families,
whilst at the present time these same
branches are reduced to eight, in consequence
of certain changes in fashions and customs.
"In accordance with the social system which
generally prevailed at that time in most European
countries, it was found necessary to
bestow liberty and privileges upon an industrious
and mercantile people, who thus became
a great source of strength and support to kings;
and this could not be effected without classifying
the citizens. But these lines of demarcation
could not be maintained distinct and inviolate
without a political division of the various
corporations in which both men and their
occupations were classified. This division was
the more necessary in a city like Barcelona,
which, ever since the middle of the thirteenth
century, had assumed a sort of democratic independence
in its mode of government. Thus,
in Italy, the first country in the West that re-established
the name and the influence of the
people, after these had been effaced in the iron
ages by Gothic rule, the industrial classes had
already been formed into corporations, which
gave stability to the arts and trades, and conferred
great honors upon them in those free
cities, where, amidst the flux and reflux of invasions,
the artisan became a senator, and the
senator an artisan. Wars and factions, endemic
evils in that delightful country at the
time of which we are speaking, could not, in
spite of all their ravages, effect the destruction
of the associated trades, whose political existence,
when once their members were admitted
to a share in the government, formed the very
basis of the constitution of both nations, inasmuch
as both were industrial and mercantile.
At Barcelona the trades were well regulated,
prosperous, and flourishing, under that municipal
system, and that consular jurisprudence,
of which commerce, and its invariable concomitant,
industry, have always stood in need. It
was thus that this capital became one of the
most celebrated centres of the manufacturing
industry of the middle ages—a reputation
which it has maintained and increased up to
the present time. In like manner, it was under
the name and rule of corporations and brotherhoods
that trades were established in Flanders,
in France, and in England, countries in
which the arts have been carried to their
highest degree of perfection and renown. The
trades-corporations of Barcelona, even when
viewed merely as a necessary institution for
the due regulation of the primitive form of
municipal government, should be regarded as
most important, whether for the preservation
of the arts, or as forming the basis of the influence
of the artisans themselves. It is at
once evident, from the experience of five centuries,
that trades-unions have effected unspeakable
good in Barcelona, were it only by
preserving, as an imperishable deposit, the
love, the tradition, and the memory of the arts.
They have formed so many rallying points, so
many banners, as it were, under which more
than once the shattered forces of industry have
found refuge; and have thus been enabled to recover
their energy and activity, and to perpetuate
their existence to our own days, in spite
of pestilence, wars, factions, and a multitude
of other calamities, which exhaust men's energies,
overthrow their habitations, and change
their manners. If Barcelona, so often visited
by these physical and political plagues, had
possessed no community, no bond, no common
interest among its artisans, it would certainly
have witnessed the destruction of their skill,
their economy, and their activity, as is the
case with beavers, when their communities
have been broken up and dispersed by the
hunters.[K]
"By a happy effect of the security enjoyed
by families in their different trades, and thanks
to the aid, or mont-de-piété, established in the
very bosom of the corporation for its necessitous
members, who, without this assistance,
might have been plunged into misery, these
economical establishments at Barcelona have
directly contributed to maintain the prosperity
of the arts, by shutting out misery from the
workshop, and preserving the operatives from
indigence. Without this corporate police, by
which each trade is surrounded, the property
and the fortune of the artisan would have been
exposed to the greatest risks; moreover, the
credit and stability of the trades themselves
would have been perilled; for then the quack,
the unskilled operative, and the obscure adventurer,
might have imposed upon the public
with impunity, and a pernicious latitude might
have taken the place of liberty. On the other
hand, the trades-corporations being powerful
associations, each one by itself being governed
by a unanimity of intelligence and a community
of interests, could purchase their stocks of
raw materials seasonably and advantageously.
They supplied the wants of the masters; they
made advances, or stood security, for those of
their members who lacked either time or funds
for making great preliminary disbursements
of capital at their own cost. Besides, these
corporations, comprehending and representing
the industry of the nation, and consequently
feeling an interest in its maintenance, addressed
from time to time memorials to the Municipal
Council, or to the Cortes, relative to the
injuries they were sustaining, or the approach
of which they, as it often happened, foresaw
from the introduction of counterfeit goods, or
of foreign productions, which is a cause of ruin
to our industry. In fine, without the institution
of trades-corporations, instruction would
have been void of order and fixed rules; for
where there are no masters duly authorized
and permanently established, neither will
there be any disciples; and all regulations, in
default of an executive power to see them observed,
will be disregarded and trodden under
foot. Trades-corporations are so necessary to
the preservation of the arts, that the various
trades known at the present day in this capital
have derived their appellations and their origin
from the economical divisions, and from the
arts established by these corporations. When
the blacksmith in his shop made ploughshares,
nails, keys, knives, swords, &c., the names of
the trades of the blacksmith, the nailer, the
cutler, the armorer, &c. were unknown; and
as there was no special and particular instruction
in each of these branches of labor, the
separation of which afterwards formed so many
new arts maintained by their respective communities,
these trades were unknown.
"The second political advantage resulting
from the institution of trades-corporations at
Barcelona was, the esteem and consideration
in which at all times these establishments
caused both the artisans and the arts to be
held. This wise institution won respect for
the operative classes, by constituting them a
visible and permanent order in the state.
Hence it is that the conduct and the mode of
life of the Barcelonians have ever been such
as are to be found only amongst an honorable
people. Never having been confounded with
any exempted and privileged body (for the
trades-corporations draw a circle around their
members, and let them know what they are,
and what they are worth), these people learned
that there was honor and virtue within
their own sphere, and labored to preserve
these qualities; so certain is it that social distinctions
in a nation have more influence than
is sometimes believed in upholding the spirit
of each social class.
"Another view of this question shows us
that trades-corporations form communities,
governed by an economic code, which assigns
to each corporation certain employments and
certain honors, to which every individual
member may aspire. Even men's prejudices,
when wisely directed, sometimes produce admirable
effects. Thus the government, the
administration of these bodies, in which the
artisan always enjoyed the prerogative of
managing the resources and the interests of
his trade and of his fellow-members, with the
title of Counsellor, or Elder (Prohombre), won
for the mechanical arts of Barcelona public and
general esteem; whilst the pre-eminence in a
festival or an assembly serves with these men
to soften the rigors of manual labor, and the
disadvantages of their inferior condition. At
the same time that the trades of Barcelona,
formed into well-organized bodies, fixed and
preserved the arts in that capital, they had the
further credit, by acting as political bodies
of the most numerous class of the people, of
gaining a high esteem for their members. The
obscure artisan, without matriculation, or a
common bond, continues isolated and wandering;
he dies, and with him perishes his art;
or at the first reverse of fortune, he emigrates
and abandons his craft. What consideration
can wretched wandering followers of any trade
obtain in a country? Just such as knife-grinders
and tinkers possess in the provinces of
Spain. At Barcelona, all the trades have constantly
enjoyed the same general esteem, because
all have been established and governed
upon a system which has rendered them fixed,
respectable, and prosperous.
"The esteem in which the trades of Barcelona
were held from the time when the municipal
government had formed them into national
corporations, the agents of public economy,
gave rise to the laudable and useful custom of
perpetuating trades in the same families. In
fact the people having learned that, without
quitting the class to which they belonged,
they could preserve the respect and consideration
due to useful and honorable citizens, no
longer desired to quit it, and were no longer
ashamed of their condition. When trades are
held in honor, which is the consequence of
the stability and civil properties of corporations,
they naturally become hereditary. Now,
the advantages both to the artisan and the
arts, resulting from this transmission of trades,
are so real and so well known, that it is needless
to specify them here, or to dwell upon their
salutary effects. This demarcation and classification
of trades caused many of the arts to
become sure possessions for those who adopted
them. Hence fathers aimed at transmitting
their trade to their sons; and thus was formed
an indestructible mass of national industry,
which made labor honorable, by implanting
steady and homogeneous manners, if we may
so speak, in the bosom of the class of artisans.
"Another circumstance contributed still
more to render the exercise of the mechanical
arts honorable at Barcelona, not only more
than in most other parts of Spain, but more
than in any other state, ancient or modern.
This was the admission of the trades-corporations
upon the register of municipal offices
in this city, which enjoyed so many royal
grants and extraordinary privileges of independence.
Thus the nobility—that Gothic
nobility—with their great domains, sought to
be incorporated with the operatives in the
Ayuntamiento, there to fill the offices and supreme
stations in the political government,
which, during more than five hundred years,
continued in Barcelona under a form and in a
spirit truly democratic.[L] All mechanical offices,
without any odious distinction or exclusion,
were held worthy to be declared qualified for
the consistorial council of magistrates; all had
a voice and a vote among the conscript fathers
who represented this city, the most highly
privileged perhaps that ever existed; one of
the most renowned for its laws, its power, and
its influence; one of the most respected in the
middle ages amongst all the states and monarchies
of Europe, Asia, and Africa.[M]
"This political system, and this municipal
form of government, resembled that which
prevailed in the middle ages amongst all the
principal towns of Italy, whence Catalonia
borrowed many of its customs and usages.
Genoa, Pisa, Milan, Pavia, Florence, Sienna,
and other towns, had a municipal government
composed of the leading men in commerce,
and the arts, under the name of consuls, counsellors,
&c. Priores Artium—such was the
name of a popular form of elective government,
distributed among the different classes
of citizens, without excluding the artisans,
who, in the thirteenth and fourteenth centuries,
were in their most flourishing condition, forming
the most respectable part of the population,
and consequently the richest, the most powerful,
and the most independent. This democratic
liberty, besides giving stability and
permanency to industry in the towns of Italy,
conferred a singular degree of honor on the
mechanical professions. The grand council of
these towns was summoned by the tolling of
the bell, when the artisans arranged themselves
under the banners or gonfalons of their respective
trades. Such was also the political constitution
of Barcelona from the middle of the
thirteenth to the commencement of the present
century. With these facts before us, need
we feel surprise that, in our own days, arts
and artisans in Barcelona still retain undiminished
esteem and consideration; that a love
for mechanical professions has become hereditary;
that the dignity and self-respect of the
artisan class have become traditional, even to
the last generations, in which the customs of
their ancestors have been transmitted by the
succession of example, even after the extinction
of the political reasons in which these
customs had their origin? Several trades-corporations
still preserve in the halls of their
juntas the portraits of those of their members
who formerly obtained the first employments
in the state. Must not this laudable practice
have engraven on the memory of the members
of the corporation all the ideas of honor and
dignity consistent with the condition of an
artisan? Assuredly the popular form of the
ancient government of Barcelona could not fail
to imprint itself generally and forcibly on the
manners of the people; indeed, where all the
citizens were equal in the participation of
honors, it is easy to see that no one would
willingly remain inferior to another in virtue
or in merit, although inferior, in other respects,
by his condition and fortune. This noble emulation,
which must naturally have been awakened
to activity in the concourse of all orders
in the state, gave birth to the dignity, the lofty
and inviolate probity of the artisans of Barcelona;
and this character they have maintained
to our own times, to the admiration of Spain
and of foreign nations. Such has been the
negligence of our national authors, that this
narrative will have the appearance of a discovery:
up to the present time Barcelona and
the Principality had not attracted the scrutinizing
notice of the political historian, so that
a dark shadow still concealed the real principles
(always unknown to the crowd) from which
in all times, have sprung the virtues and the
vices of nations.
"To these causes may be attributed, in great
part, the esteem which the artisans have acquired.
Nothing could be more salutary than
this obligation they were always under of comporting
themselves with dignity and distinction
in public employments, whether in the corporation
or the municipal government. Moreover
the constant example of the master of the
house, who, up to the present time, has always
lived in common with his apprentices in a
praiseworthy manner, has confirmed the children
in ideas of order and dignity; for the
manners and habits of a people, which are as
powerful as law, must be inculcated from the
tenderest age. Thus, in Barcelona, the operative
has never been confounded by the slovenliness
of his dress with the mendicant, whose
idle and dissipated habits, says an illustrious
writer, are easily contracted when the dress of
the man of respectability is in no way distinguished
from that of the rabble. Nor are the
laboring population ever seen wearing those
cumbersome garments which, serving as a
cover for rags and a cloak for idleness, cramp
the movements and activity of the body, and
invite to a life of indolent ease. The people
have not contracted a habit of frequenting taverns,
where example leads to drunkenness
and moral disorders. Their amusements, so
necessary for working people to render their
daily toils supportable, have always been innocent
recreations, which either afforded them
repose from their fatigues or varied them. The
games formerly permitted were either the ring
(la bague), nine pins, bowls, ball, shooting at
a mark, fencing, and public dancing, authorized
and watched over by the authorities; an
amusement which from time immemorial has
been general amongst the Catalans, in certain
seasons and on certain festivals of the year.
"The respect for the artisan of Barcelona
has never been diminished on account of the
material on which his art was exercised, whether
it was silver, steel, iron, copper, wood, or
wool. We have seen that all the trades were
equally eligible to the municipal offices of the
state; none were excluded—not even butchers.
Ancient Barcelona did not commit the political
error of establishing preferences that might
have produced some odious distinctions of
trades. The inhabitants considered that all
the citizens were in themselves worthy of
esteem, since all contributed to the growth and
maintenance of the property of a capital whose
opulence and power were founded upon the
industry of the artisan and the merchant. In
fact, Barcelona has ever been free from that
idea, so generally entertained, that every mechanical
profession is low and vulgar—a mischievous
and very common prejudice, which,
in the provinces of Spain, has made an irreparable
breach in the progress of the arts.
At Barcelona, admission into certain trades-corporations
has never been refused to the
members of other trades: in this city all the
trades are held in the same estimation. In a
word, neither Barcelona nor any other town in
Catalonia has ever entertained those vulgar
prejudices that are enough to prevent honorable
men from devoting themselves to the arts,
or to cause the son to forsake the art practised
by the father."[N]
Note 36, p. 361.
I have spoken of the numerous Councils
held by the Church at different epochs; why,
it will be asked, does she not hold them more
frequently now? I will answer this question
by quoting a judicious passage from Count de
Maistre, in his work On the Pope, book i. chap.
2:—
"In the first ages of Christianity," says he,
"it was more easy to assemble Councils, because
the Church was not so numerous as now,
and because the emperors possessed powers
that enabled a sufficient number of Bishops to
assemble, so that their decisions needed only
the assent of other Bishops. Yet these Councils
were not assembled without much difficulty
and embarrassment. But in modern times,
since the civilized world has been divided into
so many sovereignties, and immeasurably increased
by our intrepid navigators, an Œcumenical
Council has become a chimera.[O] Simply
to convoke all the Bishops, and to bring
legally together such a convocation, five or six
years would not suffice."
Note 37, p. 369.
That my readers may be convinced of the
truth and accuracy of what I here affirm, I
invite them to read the history of the heresies
that have afflicted the Church since the first
ages, but particularly from the tenth century
down to our own days.
Note 38, p. 373.
It was not, I have said, without prejudice to
the liberty of the people that the influence of
the clergy was withdrawn from the working of
the political machine. In order to ascertain
how far this is true, it may be well to remark,
that a great number of theologians were favorable
to tolerably liberal doctrines in political
matters, and that it was the clergy who exercised
the greatest freedom in speaking to
kings, even after the people had almost entirely
lost the right of intervention in political
affairs. Observe what opinions St. Thomas
held on forms of government.
(Quest. cv. 1a 2æ.)
De ratione judicialium præceptorum art. 1.
Respondeo dicendum, quod circa bonam ordinationem
principum in aliqua civitate, vel
gente, duo sunt attendenda, quorum unum est,
ut omnes aliquam partem habeant in principatu;
per hoc enim conservatur pax populi et
omnes talem ordinationem amant et custodiunt
ut dicitur (II. Polit., cap. i.); aliud est quod
attenditur secundum speciem regiminis vel
ordinationis principatum, cujus cum sint diversæ
species, ut philosophus tradit in III. Polit.
cap. v., præcipue tamen unum regimen est, in
quo unus principatur secundum virtutem: et
aristocratia, id est potestas optimorum, in qua
aliqui pauci principantur secundum virtutem.
Unde optima ordinatio principum est in aliqua
civitate vel regno, in quo unus præficitur
secundum virtutem qui omnibus præsit et sub
ipso sunt aliqui principantes secundum virtutem,
et tamen talis principatus ad omnes pertinet,
tum quia ex omnibus eligi possunt, tum
quia etiam ab omnibus eliguntur. Talis vero
est omnis politia bene commixta ex regno in
quantam unus præest, et aristocratia in quantum
multi principantur secundum virtutem, et
ex democratia, id est potestate populi in quantum
ex popularibus possunt eligi principes, et
ad populum pertinet electio principum, et hoc
fuit institutum secundum legem divinam.
Divus Thomas. (1a 2æ Q. 90, art. 4o.)
Et sic ex quatuor prædictis potest colligi
definitio legis quæ nihil est aliud quam quædam
rationis ordinatio ad bonum commune ab
eo qui curam communitatis habet promulgata.
Q. 95, art. 4.
Tertio est de ratione legis humanæ ut instituatur
a gubernante communitatem civitatis:
sicut supra dictum est. (Quest. 90, art. 3.) Et
secundum hoc distinguuntur leges humanæ
secundum diversa regimina civitatum, quorum
unum, secundum philosophum in III. Polit.,
cap. xi., est regnum, quando scilicet civitas gubernatur
ab uno, et secundum hoc accipiuntur
constitutiones principum; aliud vero regimen
est aristocratia, id est principatus optimorum
vel optimatum, et secundum hoc sumuntur responsa
prudentum et etiam senatusconsulta.
Aliud regimen est oligarchia, id est principatus
paucorum divitum et potentum; et secundum
hoc sumitur jus prætorium, quod etiam honorarium
dicitur. Aliud autem regimen est populi,
quod nominatur democratia; et secundum hoc
sumuntur plebiscita. Aliud autem est tyrannicum,
quod est omnino corruptum unde ex hoc
non sumitur aliqua lex. Est etiam et aliquod
regimen ex istis commixtum, quod est optimum,
et secundum hoc sumitur lex quam
majores natu simul cum plebibus sanxerunt, ut
Isidorus dicit lib. 5, Etym. O. cap. x.
If certain declaimers are to be believed, it
would seem that the principle, that it is the law
which governs, and not the will of man, is
quite a recent discovery. But observe with
what solidity and perspicuity the angelic doctor
expounds this doctrine.
(1a 2æ Q. 93, art. 1.)
Utrum fuerit utile aliquas leges poni ab hominibus.
Ad 2m dicendum, quod sicut Philosophus
dicit. 1. Rhetor. Melius est omnia ordinari
lege, quam dimittere judicum arbitrio, et hoc
propter tria. Primo quidem, quia facilius est
invenire paucos sapientes, qui sufficiant ad rectas
leges ponendas, quam multos; qui requirerentur
ad recte judicandum de singulis. Secundo,
quia illi qui leges ponunt, ex multo
tempore considerant quid lege ferendum sit:
sed judicia de singularibus factis fiunt ex casibus
subito exortis. Facilius autem ex multis
consideratis potest homo videre quid rectum
sit, quam solum ex aliquo uno facto. Tertio,
quia legislatores judicant in universali, et de
futuris: sed homines judiciis præsidentes judicant
de præsentibus; ad quæ afficientur amore
vel odio, aut aliqua cupiditate; et sic eorum
depravatur judicium. Quia ergo justitia animata
judicis non invenitur in multis, et quia
flexibilis est: ideo necessarium fuit in quibuscumque
est possibile, legem determinare quid
judicandum sit, et paucissima arbitrio hominum
committere.
In Spain, the Procuradores of the Cortes
dared not raise their voices against the excesses
of power; and their timidity drew down the
keen reproaches of P. Mariana. In the examination
to which he was subjected in the celebrated
suit commenced against him on the
subject of the seven treatises, he confesses
having applied to the Procuradores the epithets
of vile, superficial, and utterly venal, only
striving to obtain the favor of the prince, and
their own particular interests, without solicitude
for the public good. He added, that such
was the public cry, the general complaint, at
least at Toledo, where he was residing.
I will leave unnoticed his work intituled De
Rege et Regis institutione, of which I have
spoken elsewhere. Confining myself to his
History of Spain, I will observe with what
liberty he expresses himself on the most delicate
points, without meeting with any opposition,
either from the civil or from the ecclesiastical
authority. In his 1st book, chap. 4,
speaking of the Aragonese, in his usual grave
and severe tone, he says: "The Aragonese
possess and enjoy laws and fueros very different
from those of the other people of Spain;
they possess every thing most adapted for preserving
liberty against the excessive power
of kings, for preventing this power from degenerating
and changing, by its natural tendency,
into tyranny; for they are not ignorant
of this truth, that the right of liberty is generally
lost by degrees."
It was precisely at this epoch that the clergy
expressed themselves with the greatest freedom
on the most delicate of all subjects, that of contributions.
The venerable Palafox, in his memorial
or petition to the king for ecclesiastical
immunity, said: "According to St. Augustine,
to the great Tostat, and other weighty authors,
the Son of God appointed that the children of
God—that is the ministers of the Church, his
priests—should not pay tribute to the pagan
princes. In fact, he addressed to St. Peter the
following question, already resolved by the eternal
wisdom of the Father: Reges gentium a
quibus accipiunt tributum, a filiis, an ab alienis?
St. Peter answered, Ab alienis; and our Lord
concluded with these words: Ergo liberi sunt
filii. I may be allowed, sire, to make this
delicate observation, that the Divine Majesty
does not say, Reges gentium a quibus capiunt
tributum, but a quibus accipiunt. By this word
accipiunt, we understand the mildness and
mansuetude with which the payment of a tribute
should always be exacted, in order to diminish
the bitterness and repugnance accompanying
a tribute.
"46. It is doubtless useful for the preservation
of the state, that, in the first place, subjects
should give, in order that princes may then
receive. It is proper that kings should receive,
and employ the tribute paid them, for on this
depends the safety of crowns; but it is well that
subjects should first give it voluntarily. It is
doubtless from this passage of Scripture, from
this expression of the Eternal Word, that the
Catholic Crown, always so pious, has received
the holy doctrine, by virtue of which neither
your majesty nor your illustrious predecessors
have ever permitted a tribute to be levied
without its having first received the consent of
the kingdoms themselves, and been offered by
them; and your majesty is incomparably more
exalted by limiting and moderating your power,
than by exercising it to its utmost extent.
"47. Sire, if laymen, who have no exemption
in matters of tribute, enjoy that which the
kindness of your majesty and of the most
Catholic kings grant them; if they do not pay
till they choose to make a voluntary offering;
if nothing is received from them except on this
condition, will religion, your majesty's renowned
piety, and the devoted zeal of the
Council, allow the clergy—the sons, the ministers
of God, the privileged, those who are
exempt by divine and human law in all the
nations of the world, and among the very
pagans—to enjoy less favor than strangers,
who are not, like them, either ministers of the
Church or priests of God? Is the word capiunt,
sire, to be applied exclusively to the ministers
of God, and the word accipiunt to men of the
world?"
In his work intituled Historia Real Sagrada,
the same writer raises his voice against tyranny
with extreme severity:
"12. Such," says he, "is the law which the
king whom you wish for will maintain in your
regard. The word law is here employed ironically,
as if God should say: 'You imagine,
without doubt, that this king of yours would
govern according to law; on this supposition
you asked for him, since you complained that
my tribunal did not govern you. Now, the
law which this king will exercise towards you
will be, to disregard all law; and his law will
eventually be tyranny respected.' The politician
who, relying upon this passage, should
attribute as a right to the monarch a power
which is merely pointed out by God to the
people as a chastisement, would be an uncivilized
being, unworthy of being treated as a
rational creature. The Lord, in this instance,
does not define what is the best; he does not
say what he is giving them; these words are
no appreciation of power; he merely declares
what would be the case, and what he condemns.
Who shall dare to found the origin of tyranny
on justice itself? God says, that he whom
they desire for a king will be a tyrant—not a
tyrant approved of by him, but a tyrant that he
reprobates and chastises. And subsequent
events clearly shewed it, since there were in
Israel wicked kings, by whom the prophecy
was fulfilled, and Saints who obtained on the
throne the mercy of God. The wicked kings
literally accomplished the divine threat, by
doing what they were forbidden; the good ones
established their dignity upon propriety and
justice within prescribed limits."
Father Marquez, in his Christian Prince or
Magistrate (Gobernador Cristiano), also enlarges
on the same question; he expounds his
opinion both theoretically and practically.
(Chapter xvi. 53.)
"Thus far we have heard the words of Philo,
writing on this event. As these words afforded
me an opportunity of reasoning on the obligations
of Christian kings, I have taken care to
quote them at length. I will not expect these
kings to act like Moses; for they have not the
miraculous aid which the Hebrew legislator received
for the relief of the people, nor the rod
which God gave him to make water flow from
the rock at need. But I will recommend them
to reflect maturely on the additional services
they shall attempt to exact from their subjects,
and the burdens they shall impose on them.
Let them reflect that they are bound to justify
the motive of their request in all truth, and
without any false coloring; always and constantly
aware that they are in the presence of
God, that the eyes of God are fixed on their
hands, that He will require from them a strict
account of their actions. For, as the holy
doctor of Nazianzen says, the Son of God came
designedly into the world at the taking of a
census and a resettlement of the imposts, in
order to confound kings who would have appointed
them through caprice; so that kings
may now know that the Son of God takes
account of every item, and weighs in the balance
of his strict justice things which we
should account of little moment.
"The above reflection will serve to dispel the
false ideas of certain flatterers, who, to obtain
the favor of princes, persuade them that they
are perfectly independent and the masters of
the lives and property of their subjects, free to
dispose of them as they may think proper. In
support of this pretended maxim, they allege,
as we have seen, the history of Samuel, who
answered the people on the part of God, when
they were demanding a king, 'You shall have
one, but on terrible conditions.' This king was
to take from them their fields, their vineyards,
their olive-yards, to give them to his servants;
he was to take their daughters for slaves, 'to
make him ointments, and to be his cooks and
bakers.' And they have not observed that, as
John Bodin says, this is the interpretation of
Philip Melancthon, which alone is sufficient to
render it suspicious. Moreover, as St. Gregory,
and after him other doctors, have observed,
this passage of Scripture does not establish the
just right of kings, but rather announces beforehand
the tyranny of a great number of
princes; in fine, these words do not explain
what good princes might do, but merely what
bad ones would usually do. Hence, when
Achab seized upon the vineyard of Naboth,
God was angry with him, and we know how
He treated him. When David, the elect of
God, demanded a spot whereon to set up the
altar of Jebusee, he only asked it on condition
of paying the value of the land.
"For this reason princes should examine
with scrupulous attention whether contributions
are just; for if they are not, doctors
decide that they cannot, without manifest injustice,
thus more or less infringe on the rights
of their subjects. This doctrine is so Catholic
and certain, that men holding sound doctrine
affirm that, in this case, princes cannot impose
fresh tributes, even though necessary, without
the consent of the nation. For, say they, the
prince not being (which he certainly is not)
the master of his subjects' property, cannot
make use of it without the consent of those
from whom he is to receive it. This custom
has been long in practice in the kingdom of
Castile, where the laws of royalty prohibit the
levying of any new impost without the intervention
of the Cortes: after having received
the sanction of the Cortes, the impost is submitted
to the vote of the towns; and the prince
does not consider his demand granted till it
has received the sanction of the majority of the
towns. Edward I. of England made a similar
law, according to many authors of weight; and
Philip of Commines says, that it was the same
in France till the time of Charles VII., who,
urged by an extreme necessity, suppressed
these formalities, and levied a tax without
waiting for the consent of the States, and this
inflicted on the kingdom so deep a wound, that
it will long continue unhealed. If we may
credit certain affirmations, this author reports,
that it was then asserted that the king had
escaped from the guardianship exercised by the
kingdom; but that his own opinion is, that
kings cannot, without the consent of their people,
exact a single farthing; princes acting
otherwise, says he, fall under the Pope's excommunication;
no doubt that of the bull In
Cœna Domini. For my own part, I ought to
confess that I do not find this in Philip de
Commines.... With respect to this
second point, it is evident, that the prince cannot,
on his own authority, impose new tributes
without the consent of the nation, whenever
this nation shall have acquired by any of the
reasons mentioned a contrary right, which I
consider to be the case in Castile. No one, in
fact, will deny that kingdoms at their commencement
have a right to choose their kings
on this condition, or render them such services
as to obtain in return that no new imposts shall
be laid on them without their consent. Now,
in either case, there will be a compact made,
from which kings cannot depart; and it is of
no consequence, as some imagine it to be,
whether they have obtained their kingdoms
through the election of their subjects, or by
mere force of arms. Although it is probable,
indeed, that a State yielding itself of its own
accord, will obtain greater privileges and better
conditions than those acquired by a just war,
it would not, however, be impossible for a State,
in choosing a king, to confer upon him all its
power in an absolute manner, and without this
restriction, with a view to lay him under greater
obligations, and to testify to him a greater
degree of devotedness; and, on the other hand,
a king, who had subjected a kingdom by force
of arms, might nevertheless voluntarily grant
it this privilege, with a view to obtain its
gratitude, and more affectionate obedience on
its part. The positive rule, therefore, for this
particular right, will be the contract made,
whether virtually or expressly, between the
State and the prince; a contract which should be
inviolable, especially if it is sealed by an oath."
The Prince, or Christian Magistrate.
(Liv. ii. ch. xxxix. § 2.)
"Princes, it is said, may compel their subjects
to sell at half-price, or to give gratuitously,
a part of their property. This opinion
is generally founded on the law which ordains
that, when a ship in a tempest has been saved
by throwing overboard a part of the cargo, the
proprietors of the remaining part are obliged to
make a proportionate contribution to indemnify
the sufferers for the loss they have sustained.
Bartholus and other authors have inferred from
this, that in a time of necessity and famine the
monarch may require his subjects to give gratuitously,
and a fortiori to sell at a lower price, a
portion of their property to those in need. The
monarch, say they, might, without any doubt,
render property common, as it was before the
establishment of social rights; he may consequently
take it from one of his subjects and
give it to another.
"It is certainly said in the laws of the kings
of Israel, that he who should be chosen by God
might seize upon the vineyards and property
of his subjects, to confer them on his own servants;
but the doctors do not support their
arguments on this text. In fact, as we have
said in chapter 16th, book i., the question does
not concern the rights of a good prince, but the
tyrannical acts of a bad one. Now, a careful
study of the Scriptures will shew, that this
passage must be favourable to one or other of
the two opinions; for, if it were intended to
establish that kings would possess in conscience
the authority set forth in this passage, they
would certainly have the right of seizing the
property of one of their subjects to give it to
another. If this passage is merely meant as a
declaration of the injustices, of the extortions,
and the tyrannies of wicked monarchs, it is no
less certain that in Scripture the deed is considered
unjust; for this deed is alleged as an
example of what tyrants would do; now if it
had been permitted to a good king, it would not
have been quoted as an example of tyranny, as
the Scriptures suppose it.
"Thus, this text alone, even were there no
other in support of this doctrine, would satisfy
me, that kings cannot lawfully compel their
subjects to relinquish their property for less
than its value, not even under pretext of the
public good. In fact, were this pretext valid,
it would not have been difficult for the kings
of Israel to find an excuse for their tyranny;
they might have alleged, that it was important
to the public good to reward servants whose
fidelity was so advantageous to the interests of
the kingdom. Further, King Achab might
have urged, that the amusements of the prince
formed a part of the public good, since the
people are so much interested in the health of
the prince; and under this pretext might have
deprived Naboth of his vineyard in order to
enlarge his gardens. We find, however, that
this pretext did not justify him in compelling
Naboth even to sell his vineyard; the king,
although grieved, was not offended by this
man's refusal, neither was it his intention to
seize the vineyard, had not the impious Jezabel
furnished him with the means of doing so.
"Reason is evidently in favour of this opinion.
Kings are the ministers of justice, and
have been appointed to administer and uphold
justice among the people. As St. Thomas
teaches, the contract in buying and selling is
only just in proportion as the price is equivalent
to the thing purchased. Public, it is true,
should be preferred to individual interest; in
case, therefore, that a State is in danger of
dissolution, the monarch might demand property
at a less price, or even for nothing, just
as he might compel the citizen to expose his
life, which is of still greater value, in defending
the common cause in a just war. This case,
however, as P. Molina observes, is impossible,
since the monarch would always be able to
indemnify the individual for the loss he sustained,
by levying for this purpose a general
tax, a just tribute, and one that the State would
be bound to pay. To prove this still more
clearly, let us imagine the most urgent case
possible; let us suppose that the king is besieged
in his capital by a tyrant; the tyrant
is about to enter sword and torch in hand; he
offers to raise the siege on condition of receiving
a statue of gold of great value, formerly
the property of his ancestors, which a subject
of the besieged king, the commander-in-chief
of his armies, had taken in the plunder of a
town, and made the inalienable property of the
eldest son of his family. To render the case
still more pressing, let us suppose that the
tyrant has a dearly-cherished relation in the
service of the besieged king, and that he will
be satisfied if a rich lord of the kingdom,
possessing a great number of estates, be despoiled,
and his property conferred on his
relation. It cannot be doubted that, in order
to purchase the lives of all, this arrangement
might be entered into; and that the king
would be justified in acceding to the demand,
in taking the statue, or even the whole of this
property, to confer it on the tyrant's relation.
But no one will assert that the lord should
suffer the whole loss. The State would be
under the obligation of indemnifying him for
the loss, by taking upon itself the indemnification,
the lord merely contributing his quota;
for this reason, that it would be opposed to
natural justice for the burdens of the whole body
to fall upon a single member, which would be
the case according to the law proposed by the
opponents. If, in a case of shipwreck, all the
cargo were thrown overboard to save the ship
and the lives and fortunes of all, the obligation
being common to all, it would not be just that
it should fall exclusively upon the owners;
because the cargo could best be thrown overboard
and most endangered the ship's safety:
the loss should be borne by all, even by those
who had with them things only of little weight, as
jewels or diamonds, for instance; since neither
these latter proprietors nor the vessel herself
could be saved without lightening her by
throwing overboard the heavier portion of the
cargo.
"The law decrees also that the owner of the
vessel shall pay his quota. Not that he is obliged
to indemnify the owners of the merchandise
lost, because he sees them in need; it
may be supposed, indeed, that these parties are
rich, and, although their present loss is extreme,
they will nevertheless be under the obligation
of returning what would then have been lent
to them; for, as the doctors decide, there is no
obligation of giving to the rich man when he
suffers a heavy loss, when a loan will answer
the same end. But it is said that the obligation
of the master of a ship is founded on the
fact, that all the passengers and the proprietors
being interested in saving their lives and their
property, the risk and the loss of what was
thrown overboard ought to fall on all, and not
exclusively on the owners of what was lost. As
a proof that this is the correct interpretation, it
will be sufficient to notice the summary of the
title, and the very words of the law, which are:
Eo quod id tributum servatæ mercedes deberent.
"But, except in this case, or in others equally
pressing, if the ruin of the State would not
result from the mere fact of an individual
refusing to yield up his house to the prince,
the latter could not compel the proprietor to
give it up for a less price than its just value,
and still less for nothing; for so long as the
persons and the property of the State are safe,
it is of no importance to the body corporate
whether such or such persons are rich or poor;
no one, in fact, in the general community possesses
a fixed degree from which he can neither
descend nor rise. This instability observable
among the members of the same State, some
losing what others gain, and vice versâ, is inseparable
from the state of society, such is the
instability of temporal affairs; and the public
good, generally speaking, neither loses nor
gains by it."
Note 39, p. 382.
Some persons imagine, that in speaking of
the loss of liberty in Spain, the question may
be readily reduced to one point of view, as if
the kingdom had always possessed the unity
which it only acquired in the eighteenth century,
and only then in an incomplete manner.
A perusal of history, and especially of the
codes of the different provinces of which the
monarchy was composed, will convince us that
the central power has been created and fortified
among us very slowly; and that at the time
when this difficult task was nearly accomplished
in Castile, much still remained to be done in
Aragon and Catalonia. Our constitutions, our
customs, our manners, in the seventeenth century,
evidently prove that the monarchy of
Philip II., such as we conceive it, strong and
irresistible, was not yet established in the
crown of Aragon. I will abstain from adducing
here documents and quoting facts with which
every one is acquainted; the dimensions of
this volume require me to be brief.
Note 40, p. 388.
The immortal work of Count de Maistre, in
which he so ably refutes the calumnies of the
enemies of the Apostolic See, is well known.
Among so many and such profound observations,
there is one deserving of particular attention:
that on the moderation of the Popes in
every thing relating to the extension of their
dominions, when he points out the difference
between the Roman and the other European
Courts. "It is," says he, "a very remarkable
circumstance, but either disregarded or not
sufficiently attended to, that the Popes have
never taken advantage of the great power in
their possession for the aggrandisement of their
States. What could have been more natural,
for instance, or more tempting to human nature,
than to reserve a portion of the provinces
conquered from the Saracens, and which they
gave up to the first occupant, to repel the
Turkish ascendency, always on the increase?
But this, however, they never did, not even
with regard to the adjacent countries, as in the
instance of the Two Sicilies, to which they had
incontestable rights, at least according to the
ideas then prevailing, and over which they
were nevertheless contented with an empty
sovereignty, which soon ended in the haquenée,
a slight tribute, and merely nominal, which
the bad taste of the age still disputes with
them.
"The Popes may have made too much, at the
time, of this universal sovereignty, which an
opinion equally universal allowed them. They
may have exacted homage; may indeed, if you
will, have too arbitrarily imposed taxes. I do
not wish to enter into these points here, but it
still remains certain that they have never
sought to increase their dominions at the expense
of justice, whilst all other governments
fell under this anathema; and, at the present
time even, with all our philosophy, our civilization,
and our fine books, there is not perhaps
one of the European powers in a condition to
justify all its possessions before God and reason."
(Du Pape, book ii. chap. 6.)
Note 41, p. 350.
I will here insert some passages in which St.
Anselm explains the motives that induced him
to write, and the method which he intended to
follow in his writings.
Præfatio beati Anselmi Episcopi Cantuariensis
in Monologuium.
Quidam fratres sæpe me studioseque precati
sunt, ut quædam de illis, quæ de meditanda divinitatis
essentia, et quibusdam aliis hujus
meditationi cohærentibus, usitato sermone colloquendo
protuleram, sub quodam eis meditationis
exemplo describerem. Cujus scilicet
scribendæ meditationis magis secundum suam
voluntatem quam secundum rei facilitatem aut
meam possibilitatem hanc mihi formam præstituerunt:
quatenus auctoritate scripturæ penitus
nihil in ea persuaderetur. Sed quidquid
per singulas investigationes finis assereret, id
ita esse plano stylo et vulgaribus argumentis
simplicique disputatione, et rationis necessitas
breviter cogeret, et veritatis claritas patenter
ostenderet. Voluerunt etiam ut nec simplicibus
peneque fatuis objectionibus mihi occurrentibus
obviare contemnerem, quod quidem diu tentare
recusavi, atque me cum re ipsa comparans,
multis me rationibus excusare tentavi. Quanto
enim id quod petebant, usu sibi optabant facilius:
tanto mihi illud actu injungebant difficilius.
Tandem tamen victus, tum precum
modesta importunitate, tum studii eorum non
contemnenda honestate, invitus quidem propter
rei difficultatem, et ingenii mei imbecillitatem,
quod precabantur incæpi, sed libenter propter
eorum caritatem, quantum potui secundum
ipsorum definitionem effeci. Ad quod cum ea
spe sim adductus, ut quidquid facerem illis
solis a quibus exigebatur, esset notum, et paulo
post idipsum ut vilem rem fastidientibus, contemptu
esset obruendum, scio enim me in eo
non tam precantibus satisfacere potuisse, quam
precibus me prosequentibus finem posuisse.
Nescio tamen quomodo sic præter spem evenit,
ut non solum prædicti fratres sed et plures alii
scripturam ipsam, quisque eam sibi transcribendo
in longum memoriæ commendare satagerent,
quam ego sæpe tractans nihil potui
invenire me in ea dixisse, quod non catholicorum
patrum, et maxime beati Augustini
scriptis cohæreat.
Idem. Quod hoc licet inexplicabile sit, tamen
credendum sit. (Cap. lxii.)
Videtur mihi hujus tam sublimis rei secretum
transcendere omnem intellectus aciem humani:
et idcirco conatum explicandi qualiter hoc sit,
continendum puto. Sufficere namque debere
existimo rem incomprehensibilem indaganti si
ad hoc rationando pervenerit, ut eam certissime
esse cognoscat, etiamsi penetrare nequeat intellectu
quomodo ita sit, nec idcirco minus his adhibendam
fidei certitudinem, quæ probationibus
necessariis nulla alia repugnante ratione asseruntur,
si suæ naturalis altitudinis incomprehensibilitate
explicari non patiantur. Quid
autem tam incomprehensibile, quam id quod
supra omnia est? Quapropter si ea quæ de
sua essentia hactenus disputata sunt necessariis
rationibus sunt asserta, quamvis sic intellectu
penetrari non possint ut quæ verbis valeant
explicari: nullatenus tamen certitudinis eorum
nutat soliditas. Nam si superior consideratio
rationabiliter comprehendit incomprehensibile
esse, quomodo eadem summa sapientia sciat ea
quæ fecit de quibus tam multa non scire necesse
est; quis explicet quomodo sciat aut
dicat se ipsam, de qua aut nihil, aut vix aliquid
homini sciri possibile est?
Incipit proœmium in Prosologuion librum
Anselmi, Abbatis Beccensis, et Archiepiscopi
Cantuariensis.
Postquam opusculum quoddam velut exemplum
meditandi de ratione fidei, cogentibus
me precibus quorumdam fratrum in persona
alicujus tacite secum ratiocinando quæ nesciat
investigantis edidi, considerans illud esse multorum
concathenatione contextum argumentorum,
cœpi mecum quærere: si forte posset
invenire unum argumentum, quod nullo alio ad
se probandum, quam se solo indigeret, et solum
ad astruendum quia Deus vere est; et quia est
summum bonum nullo alio indigens, et quo
omnia indigent ut sint et bene sint, et quæcumque
credimus de divina substantia sufficeret.
Ad quod cum sæpe studioseque cogitationes
converterem, atque aliquando mihi
videretur jam capi posse quod quærebam, aliquando
mentis aciem omnino fugeret: tandem
desperans volui cessare, velut ab inquisitione
rei quam inveniri esset impossibile. Sed cum
illam cogitationem, ne mentem meam frustra
occupando ab aliis in quibus proficere possem
impediret, penitus a me vellem excludere, tunc
magis ac magis nolenti et defendenti, se cœpit
cum importunitate quadam ingerere. Quadam
igitur die cum vehementer ejus importunitati
resistendo fatigarer, in ipso cogitationum conflictu
sic se obtulit quod desperabam, ut studiose
cogitationem amplecterer, quam sollicitus
repellebam. Æstimans igitur quod me gaudebam
invenisse, si scriptum esset alicui, legenti
placiturum. De hoc ipso et quibusdam aliis
sub persona conantis erigere mentem suam ad
contemplandum Deum, et quærentis intelligere
quod credit, subditum scripsi opusculum. Et
quoniam nec istud nec illud cujus supra memini,
dignum libri nomine, aut cui auctoris præponeretur
nomen judicabam: nec tamen sine aliquo
titulo, quo aliquem in cujus manus venirent,
quodammodo ad se legendum invitarent, dimittenda
putabam, unicuique dedi titulum: ut
prius exemplum meditandi de ratione fidei, et
sequens fides quærens intellectum diceretur.
Sed cum jam a pluribus et his titulis utrumque
transumptum esset, coegerunt me plures et
maxime reverendus Archiepiscopus Lugdunensis
Hugo nomine, fungens in Gallia legatione
apostolica, prœcepit auctoritate, ut nomen
meum illis præscriberem. Quod ut aptius fieret
illud quidem Monologuium, id est Soliloquium,
istud vero Prosologuion, id est Alloquium
nominavi.
I have said that St. Anselm excelled Descartes
in his manner of proving the existence
of God: let the reader, indeed, peruse the following
passages. I do not, however, intend to
pronounce an opinion on the merits of this
demonstration; my business is, to notice the
progress of the human mind, and not to resolve
philosophical questions.
PROSOLOGUIUM D. ANSELMI.
Quod Deus non possit cogitari non esse.
Quod utique sic vere est, ut nec cogitari
possit non esse. Nam potest cogitari esse
aliquid, quod non possit cogitari non esse, quod
majus est quam quod non esse cogitari potest.
Quare si id, quo majus nequit cogitari, potest
cogitari non esse: id ipsum, quo majus cogitari
nequit, non est id quo majus cogitari nequit;
quod convenire non potest. Sic ergo vere est
aliquid, quo majus cogitari non potest, ut nec
cogitari possit non esse. Et hoc es tu, Domine
Deus noster. Sic ergo vere es, Domine Deus
meus, ut nec cogitari possis non esse. Et merito.
Si enim aliqua mens posset cogitare aliquid
melius te, ascenderet creatura super Creatorem;
et judicaret de Creatore, quod valde
est absurdum. Et quidem quidquid est aliud
præter solum te, potest cogitari non esse.
Solus igitur verissime omnium, et ideo maxime
omnium habes esse, quia quidquid aliud est
non sic vere est, et idcirco minus habet esse.
Cur itaque, dixit insipiens in corde suo non est
Deus? Cum causa in promptu sit rationali
menti, te maxime omnium esse? Cur, nisi
stultus et insipiens?
Quomodo insipiens dixit in corde suo quod cogitari
non potest. (Cap. iv.)
Verum quomodo dixit insipiens in corde suo
quod cogitare non potuit, aut quomodo cogitare
non potuit quod dixit in corde, cum idem sit
dicere in corde, et cogitare. Quod si vere, imo
quia vere, et cogitavit: quia dixit in corde et
non dixit in corde, quia cogitare non potuit;
non uno tantum modo dicitur aliquid in corde
vel cogitatur. Aliter enim cogitatur res, cum
vox eam significans cogitatur: aliter cum
idipsum, quod res est, intelligitur. Illo itaque
modo, potest cogitari Deus non esse: isto vero,
minime. Nullus quippe intelligens id quod
Deus est, potest cogitare quia Deus non est;
licet hæc verba dicat in corde, aut sine ulla,
aut cum aliqua extranea significatione. Deus
enim, est id quo majus cogitari non potest.
Quod qui bene intelligit, utique intelligit id
ipsum sic esse, ut nec cogitatione queat non
esse. Qui ergo intelligit sic esse Deum, nequit
eum non esse cogitare. Gratias tibi, bone
Domine, gratias tibi, quia quod prius credidi
te donante, jam sic intelligo te illuminante;
ut si te esse nolim credere, non possim non
intelligere.
Ejusdem beati Anselmi liber pro insipiente
incipit.
Dubitanti, utrum sit; vel neganti quod sit
aliqua talis natura, qua nihil majus cogitari
possit; tamen esse illam, huic dicitur primo
probari; quod ipse negans vel ambigens de
illa, jam habeat eam in intellectu, cum audiens
illam dici, id quod dicitur intelligit: deinde,
quia quod intelligit necesse est, ut non in solo
intellectu, sed etiam in re sit. Et hoc ita probatur;
quia majus est esse in intellectu et in
re, quam in solo intellectu. Et si illud in solo
est intellectu, majus illo erit quidquid etiam
fuerit in re, at si majus omnibus, minus erit
aliquo, et non erit majus omnibus quod utique
repugnat. Et ideo necesse est ut, majus omnibus,
quod est jam probatum esse in intellectu,
et in re sit; quoniam aliter majus omnibus esse
non poterit. Responderi potest, quod hoc jam
esse dicitur in intellectu meo, non ob aliud,
nisi quia id quod dicitur intelligo.
The passages I have just quoted will have
shewn to my readers that thought was not oppressed
in the Catholic Church. The most
eminent doctors were accustomed to reason on
the most important subjects with a just and
reasonable independence; and although with
profound respect for the teaching of the Catholic
Church, they nevertheless surveyed, as well
as Abelard and better, the field of true philosophy.
We cannot expect from human intelligence
at this epoch more than is to be
found in St. Anselm. How is it, therefore,
that such eulogiums have been passed upon
Roscelin and Abelard, without ever mentioning
this holy doctor? Why present a picture of
the intellectual movement so incomplete, and
not insert in it so noble and beautiful a figure?
If you would know how incorrect it is that
Abelard, as M. Guizot affirms, abstained from
attacking the doctrines of the Church—how incorrect
M. Guizot is in his statement of the
causes which excited the zeal of the pastors of
the Church against Abelard, read the letter of
the Bishops of Gaul to Pope Innocent, in which
you will find a complete recital of the origin
and cause of this important affair. Here is the
letter:
EPISTOLA CCCLXX.
Reverendissimo Patri et Domino, Innocentio,
Dei gratia summo Pontifici, Henricus Senonensium
Archiepiscopus, Carnotensis Episcopus,
Sanctæ Sedis Apostolicæ famulus, Aurelianensis,
Antissiodorensis, Trecensis, Meldensis
Episcopi, devotas orationes et debitam
obedientiam.
Nulli dubium est quod ea quæ Apostolica firmantur
auctoritate, rata semper existunt; nec
alicujus possunt deinceps mutilari cavillatione,
vel invidia depravari. Ea propter ad vestram
Apostolicam Sedem, Beatissime Pater, referre
dignum censuimus quædam quæ nuper in nostra
contigit tractari præsentia. Quæ quoniam
et nobis, et multis religiosis ac sapientibus viris
rationabiliter acta visa sunt, vestræ serenitatis
expectant comprobari judicio, simul et auctoritate
perpetuo roborari. Itaque cum per totam
fere Galliam in civitatibus, vicis, et castellis, a
Scholaribus non solum intra Scholas, sed etiam
triviatim: nec a litteratis, aut provectis tantum,
sed a pueris et simplicibus, aut certe stultis, de
Sancta Trinitate, quæ Deus est, disputaretur:
insuper alia multa ab eisdem, absona prorsus et
absurda, et plane fidei catholicæ, sanctorumque
Patrum auctoritatibus obviantia proferrentur;
cumque ab his qui sane sentiebant, et eas ineptias
rejiciendas esse censebant, sæpius admoniti
corriperentur, vehementius convalescebant,
et auctoritate magistri sui Petri Abailardi, et
cujusdam ipsius libri, cui Theologiæ indiderat
nomen; nec non et aliorum ejusdem opusculorum
freti ad astruendas profanas adinventiones
illas, non sine multarum animarum dispendio,
sese magis ac magis armabant. Quæ enim et
nos, et alios plures non parum moverant ac
læserant; inde tamen quæstionem facere verebantur.
Verum Dominus Abbas Claræ-vallis, his a diversis
et sæpius auditis, immo certe in prætaxato
magistri Petri Theologiæ libro, nec non
et aliis ejusdem libris, in quorum forte lectionem
inciderat, diligenter inspectis; secreto prius;
ac deinde secum duobus aut tribus adhibitis
testibus, juxta Evangelicum præceptum, hominem
convenit: Et ut auditores suos a talibus
compesceret, librosque suos corrigeret, amicabiliter
satis ac familiariter illum admonuit. Plures
etiam Scholarium adhortatus est, ut et libros
venenis plenos repudiarent et rejicerent: et a
doctrina, quæ fidem lædebat Catholicam, caverent
et abstinerent. Quod magister Petrus minus
patienter et nimium ægre ferens, crebro nos
pulsare cœpit, nec ante voluit desistere, quoad
Dominum Clara-vellensem Abbatem super hoc
scribentes, assignato die, scilicet octavo Pentecostes,
Senonis ante nostram submonuimus venire
præsentiam: quo se vocabat et offerebat
paratum magister Petrus ad probandas et defendendas
de quibus illum Dominus Abbas Clara-vallensis,
quomodo prætaxatum est, reprehenderat
sententias. Cæterum Dominus Abbas, nec
ad assignatum diem se venturum, nec contra
Petrum sese disceptaturum nobis remandavit.
Sed quia magister Petrus interim suos nihilominus
cœpit undequaque convocare discipulos;
et obsecrare, ut ad futuram inter se, Dominumque
Abbatem Clara-vallensem disputationem,
una cum illo suam sententiam simul et scientiam
defensuri venirent; Et hoc Dominum Clara-vallensem
minime lateret; veritus ipse, ne propter
occasionem absentiæ suæ tot profanæ, non
sententiæ sed insaniæ, tam apud minus intelligentes,
quam earumdem defensores majore
dignæ viderentur auctoritate, prædicto quem sibi
designaveramus die, licet eum minime suscepisset,
tactus zelo pii fervoris, imo certe Sancti
Spiritus igne succensus, sese nobis ultro Senonis
præsentavit. Illa vero die, scilicet octava Pentecostes,
convenerant ad nos Senonis Fratres et
Suffraganei nostri Episcopi, ob honorem et reverentiam
sanctarum, quas in Ecclesia nostra populo
revelaturos nos indixeramus, Reliquiarum.
Itaque præsente glorioso Rege Francorum
Ludovico cum Wilhelmo religioso Nivernis Comite,
Domino quoque Rhemensi Archiepiscopo,
cum quibusdam suis suffraganeis Episcopis nobis
etiam, et suffraganeis nostris, exceptis Parisiis
et Nivernis, Episcopis præsentibus, cum
multis religiosis Abbatibus et sapientibus, valdeque
litteratis clericis adfuit Dominus Abbas
Clara-vallensis; adfuit magister Petrus cum
fautoribus suis. Quid multa? Dominus Abbas
cum librum Theologiæ magistri Petri proferret
in medium, et quæ annotaverat absurda, imo
hæretica plane capitula de libro eodem proponeret,
ut ea magister Petrus vel a se scripta negaret,
vel si sua fateretur, aut probaret, aut
corrigeret: visus est diffidere magister Petrus
Abailardus, et subterfugere, respondere noluit,
sed quamvis libera sibi daretur audientia, tutumque
locum, et æquos haberet judices, ad
vestram tamen, sanctissime Pater, appellans
præsentiam, cum suis a conventu discessit.
Nos autem licet appellatio ista, minus Canonica
videretur, Sedi tamen Apostolicæ deferentes,
in personam hominis nullam voluimus
proferre sententiam: Cæterum sententias pravi
dogmatis ipsius, quia multo infecerant, et sui
contagione adusque cordium intima penetraverant,
sæpe in audientia publica lectas et relectas,
et tam verissimis rationibus, quam Beati
Augustini, aliorumque Sanctorum Patrum inductis
a Domino Clara-vallensi auctoritatibus,
non solum falsas, sed et hæreticas esse evidentissime
comprobatas, pridie ante factam ad
vos appellationem damnavimus. Et quia multos
in errorem perniciosissimum et plane damnabilem
pertrahunt, eas auctoritate vestra, dilectissime
Domine, perpetua damnatione notari;
et omnes qui pervicaciter et contentiose illas
defenderint, a vobis, æquissime Pater, juxta
pœna mulctari unanimiter et multa precum
instantia postulamus.
Sæpe dicto vero Petro, si Reverentia vestra
silentium imponeret, et tam legendi, quam scribendi
prorsus interrumperet facultatem, et libros
ejus perverso sine dubio dogmate respersos
condemnaret, avulsis spinis et tribulis ab Ecclesia
Dei, prevaleret adhuc læta Christi seges succrescere,
florere, fructificare. Quædam autem
de condemnatis a nobis capitulis vobis, Reverende
Pater, conscripta transmisimus, ut per
hæc audita reliqui corpus operis facilius æstimetis.
Observe how St Bernard explains the system
and errors of the celebrated Abelard. In chapter
1 of the treatise which he wrote, De erroribus
Petri Abailardi, he says:
"Habemus in Francia novum de veteri magistro
Theologum, qui ab ineunte ætate sua in
arte dialectica lusit; et nunc in scripturis sanctis
insanit. Olim damnata et sopita dogmata, tam
sua videlicet quam aliena suscitare conatur, insuper
et nova addit. Qui dum omnium quæ
sunt cœlo sursum, et quæ in terra deorsum,
nihil præter solum Nescio nescire dignatur;
ponit in cœlum os suum, et scrutatur alta Dei,
rediensque ad nos refert verba ineffabilia, quæ
non licet homini loqui. Et dum paratus est de
omnibus reddere rationem, etiam quæ sunt
supra rationem, et contra rationem præsumit,
et contra fidem. Quid enim magis contra rationem,
quam ratione rationem conari transcendere?
Et quid magis contra fidem; quam credere
nolle, quidquid non possit ratione attingere?"
In chapter 4, he sums up, in a few words,
the aberrations of the dialectician:
"Sed advertite cætera. Omitto quod dicit
spiritum timoris Domini non fuisse in Domino:
timorem Domini castum in future seculo non
futurum: post consecrationem panis et calicis
priora accidentia quæ remanent pendere in aere:
dæmonum in nobis suggestiones contactu fieri
lapidum et herbarum, prout illorum sagax malitia
novit; harum rerum vires diversas, diversis
incitandis et incendendis vitiis, convenire:
Spiritum Sanctum esse animam mundi: mundum
juxta Platonem tanto excellentius animal
esse, quanto meliorem animam habet Spiritum
Sanctum. Ubi dum multum sudat quomodo
Platonem faciat Christianum, se probat ethnicum.
Hæc inquam omnia, aliasque istiusmodi
nænias ejus non paucas prætereo, venio ad
graviora. Non quod vel ad ipsa cuncta respondeam,
magnis enim opus voluminibus esset.
Illa loquor quæ tacere non possum.
"Cum de Trinitate loquitur," says he in his
letter 192, "sapit Arium, cum de Gratia sapit
Pelagium, cum de persona Christi sapit Nestorium."
Pope Innocent, condemning the doctrines of
Abelard, says: "In Petri Abailardi perniciosa
doctrina, et prædictorum hæreses, et alia perversa
dogmata catholicæ fidei obviantia pullulare
cœperunt."