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Protestantism and Catholicity
In the first age, there was no necessity for penalties, because the law did not take cognisance of transgressions; rewards were equally unnecessary, because integrity and honor were loved for their own sakes. But vice, growing with the age of the world, intimidated virtue; simple and confiding, the latter, till then, dwelt in the country. Equality was despised, modesty and chastity lost, ambition and force introduced, and after them domination. Prudence, forced by necessity, and aroused by the light of nature, reduced men to a state of civil society, to exercise therein those virtues to which reason inclines them. By means of the articulate voice with which nature had gifted them, they could explain to each other their mutual thoughts, manifest to each other their sentiments, and explain their wants, instruct, counsel, and protect each other. Society once formed, a power was created by common consent, in the whole of this community, enlightened by the law of nature, for preserving its different parts, for maintaining them in justice and peace, by punishing vice and rewarding virtue. As this power could not remain spread through the whole body of the people, on account of the confusion which would have arisen from the resolutions and their execution, and as it was absolutely necessary that there should be some to command, and others to obey, one portion divested itself of this power, and vested it in one member, or in a small, or in a great, number of members, that is to say, in one of the three forms of every state government – monarchy, aristocracy, or democracy. Monarchy was the first; because men selected for their government, out of their families, and afterwards even from among the whole people, some one who excelled the rest in goodness: his greatness increasing, they honored his hand with the sceptre, and encircled his head with a crown as an emblem of majesty, and as a badge of the supreme power which they had conferred upon him. This power, however, consists chiefly in that justice which ought to maintain the people in peace; this justice failing, the order of the state fails, and the office of king ceases, as was the case in Castile, when the government by judges was substituted for that by kings, on account of the injustice of D. Ordona and of D. Fruela." (Character of a Christian Prince's Policy, set forth in a hundred Devices, by D. Diego de Saavedra Fajardo, Knight of the Order of St. James, Member of his Majesty's Supreme Council for the Indies, device 22.)
The words people, pact, consent, have ended in becoming the dread of men of sound ideas and upright intentions, on account of the deplorable abuses which have been made of them in those immoral schools which ought rather to be qualified with the epithet of irreligious than with that of democratical. No, it was not the desire of ameliorating the condition of the people which led them to overthrow the world, by overturning thrones and shedding torrents of blood in civil discord; the real cause was a blind rage for reducing to ashes the work of ages, by especially attacking religion, the main support of every thing wise, just, and salutary, that European civilization had acquired. And, in fact, have we not seen impious schools, whilst boasting of their liberty, bend under the hand of despotism, whenever they thought it useful to their designs? Previous to the French Revolution, were they not the basest adulators of kings, whose prerogatives they extended immeasurably, with the intention of making regal power the means of oppressing the Church? After the revolutionary epoch, did we not see them assembled round Napoleon; and even yet, do they not almost deify him? And why? Because Napoleon was revolution personified, the representative and executor of the new ideas sought to be substituted for the old ones. In the same manner Protestantism extols its Queen Elizabeth; because it was she who placed the Establishment upon a solid foundation. Revolutionary doctrines, besides the evils they inflict upon society, produce indirectly another effect, which may, at first sight, appear salutary, but which, in reality, is not so. They occasion dangerous reactions in the order of events, and check the progress of knowledge, by narrowing and debasing men's ideas, leading them to condemn as erroneous and pernicious, or to view with mistrust, principles which would previously have been looked upon as sound, or that would, at all events, have been regarded as mere harmless errors. The reason of all this is, simply, that liberty has no worse enemy than licentiousness.
In support of this last observation, it may be well to show, that the most rigorous doctrines in political matters have originated in countries in which anarchy had made the greatest ravages, and precisely at the time when the evil, still present, or very recent, was most keenly felt. The religious revolution of the sixteenth century, and the political commotions consequent upon it, were principally felt in the north of Europe; the south, and especially Italy and Spain, were almost entirely preserved from them. Now, these last two countries are precisely those in which the dignities and prerogatives of civil power have been the least exaggerated, as well as those in which they were not disparaged in theory, and were respected in practice. Of all modern nations, England was the first in which a revolution, properly so called, was realized; for I do not consider as such the insurrection of the German peasantry, which, in spite of the terrible catastrophe which it caused, never effected any change in the state of society; or that of the United Provinces, which may be considered a war of independence. Now, it was precisely in England that the most erroneous doctrines in favor of the supreme authority of civil power appeared. Hobbes, who, whilst he refused to allow the rights of the Creator, attributed unbounded authority to the monarchs of the earth, lived at the most agitated and turbulent epoch in the annals of Great Britain. He was born in 1588, and died in 1679.
In Spain, where the impious and anarchical doctrines, which had troubled Europe since the schism of Luther, did not penetrate until the latter part of the eighteenth century, we have seen that the greatest license of expression was permitted upon the most important points of public right, and that doctrines were maintained which, in any other country, would have been looked upon as dangerous. Error gave rise to exaggeration; the rights of monarchs were never so much extolled as under the reign of Charles III.; that is, at the time when the modern epoch was inaugurated among us.
Religion, which predominated in all consciences, maintained them in the obedience due to the sovereign, without there being any need of giving this obedience any extraordinary titles, when its real ones were sufficient, as they certainly were. For him who knows that God has prescribed obedience to lawful authority, it matters little whether this authority emanate from Heaven directly or indirectly, or whether society has more or less taken part in the determination of political forms, or in the election of the persons or families who are to exercise the supreme command. Hence we find that in Spain, although the words people, consent, pacts, were spoken of, monarchs were held in the most profound veneration, so much so that modern history does not mention a single attempt upon their persons. Popular tumults were also of rare occurrence; and those which did happen are not attributable to either of the two above-mentioned doctrines. How does it happen that, at the end of the sixteenth century, the Council of Castile was not alarmed at the bold principles of Mariana, in his book De Rege et Regis institutione, whilst those of the Abbé Spedalieri, at the end of the eighteenth century, were such a terror to it? The reason of this lies not so much in the contents of the works, as in the epoch of their publication. The former appeared at a time when the Spanish nation, confirmed in religious and moral principles, might be compared to those robust constitutions capable of bearing food difficult of digestion. The latter was introduced among us when the doctrines and deeds of the French Revolution were shaking all the thrones of Europe, and when the propagandism of Paris was beginning to pervert us by its emissaries and books. In a nation in which reason and virtue prevail, in which evil passions are never excited, in which the well-being and prosperity of the country are the only aim of every citizen, the most popular and liberal forms of government may exist without danger; for in such a nation numerous assemblies produce no disorder, merit is not obscured by intrigue, nor are worthless persons raised to the government, and the names of public liberty and felicity do not serve as means to raise the fortunes or satisfy the ambition of individuals. So also in a country in which religion and morality rule in every breast, in which duty is not looked upon as an empty word, in which it is considered really criminal to disturb the tranquillity of the state, to revolt against the lawful authorities: in such a country, I say, it is less dangerous to discuss, with more or less freedom, questions arising from theories on the formation of society and the origin of the civil power, and to establish principles favorable to popular rights. But when these conditions do not exist, it is of little use to proclaim rigorous doctrines. To abstain from pronouncing the name of people, as a sacrilegious word, is a useless precaution. How can it be expected, that he who respects not Divine Majesty, should respect human? The conservative schools of our age, proposing to place a restraint upon the revolutionary torrent, and to tranquillize agitated nations, have almost always been infected with a certain failing, which consists in forgetting the truth which I have just noticed: royal majesty, authority of the government, supremacy of the law, parliamentary sovereignty, respect for established forms, and order: such are the terms they are constantly making use of. This is their palladium of society; and they condemn with all their might the state, insubordination, disobedience to the laws, insurrection, riot, anarchy; but they forget that these doctrines will not suffice, unless there be some fixed point to which the first link of the chain may be riveted. These schools, generally speaking, originate in the bosom of revolution; they are directed by men who have figured in revolutions, who have contributed to prepare them, who have given them their force, and who, in order to attain the object of their ardent desires, feared not to ruin the edifice at its foundation, by diminishing the ascendency of religion and opening the way to moral relaxation. Hence they become powerless when prudence, or their own interests, bid them say, "We have gone far enough;" and, hurried on like the rest by the furious whirlwind, they have neither the means of stopping the movement nor of giving it a proper direction.
We are continually hearing the Contrat Social of Rousseau condemned on account of its anarchical doctrines, whilst at the same time doctrines are circulated tending visibly to weaken religion. Can we possibly believe that the Contrat Social has alone caused all the commotions of Europe? It has doubtless produced serious evils, but still more serious ones have been caused by that irreligion which so deeply undermines the foundations of society, which loosens family bonds, and delivers up the individual to the caprice of his passions, with no other restraint or guide than the promptings of his own low egotism. Men of upright and reflecting minds begin to penetrate these truths. We find, nevertheless, in the political sphere, this error, which attributes to the action of civil government sufficient creative power to form, organize, and preserve society, independently of all moral and religious influences. It is of little consequence what be maintained in theory, if this error be acted upon in practice; and what avails the proclaiming of certain sound principles, if our conduct is not guided by them? These philosophico-political schools, which are desirous of ruling the destinies of the world, proceed in a way diametrically opposite to that of Christianity. The latter, whose principal object was heaven, did not, however, neglect the happiness of man upon earth; it addressed itself directly to the understanding and the heart, considering that the community is regulated by the conduct of individuals, and that, in order to have a well-regulated society, it was necessary to have good citizens. To proclaim certain political principles, to institute particular forms – such is the panacea of some schools, who deem it possible to govern society without exercising a due influence over the intelligence and heart of man; reason and experience agree in teaching us what we may expect from such a system.
Profoundly to impress the minds of men with religion and morality, – this is the first step towards the prevention of revolutions and disorganization. When these sacred objects have acquired their full influence over the hearts of men, there is no longer any thing to be apprehended from a greater or less latitude in political opinions. What confidence can a government repose in a man professing highly monarchical opinions, if he join impiety to them? Will he who refuses to give to God his rights, respect those of temporal kings? "The first thing," says Seneca, "is the worship of the gods, and faith in their existence; we are next to acknowledge their majesty, and bounty, without which there is no majesty." "Primum est Deorum cultus, Deos credere; deinde reddere illis majestatem suam, reddere bonitatem, sine qua nulla majestas est." (Seneca, Epist. 95.) Observe how Cicero, the first orator and perhaps the greatest philosopher of Rome, expresses himself: "It is necessary," says he, "that the citizens should be first persuaded of the existence of gods, the directors and rulers of all things, in whose hands are all events, who are ever conferring on mankind immense benefits, who search the heart of man, who see his actions, the spirit of piety which he carries into the practice of religion, and who distinguish the life of the pious from that of the ungodly man." "Sit igitur jam hoc a principio persuasum civibus, dominos esse omnium rerum, ac moderatores deos; eaque quæ gerantur, eorum geri ditione ac numine, eosdemque optime de genere hominum mereri, et qualis quisque sit, quid agat, quid inde admittat, qua mente, qua pietate colat religiones intueri: piorumque et impiorum habere rationem." (Cic. de Nat. Deor. 2.)
These truths should be profoundly impressed upon the mind: the evils of society do not principally emanate from political ideas or systems; the root of the evil lies in religion; and if a check is not put upon irreligion, it is vain to proclaim the most rigid monarchical principles. Hobbes did certainly flatter kings a little more than Bellarmin; and yet, when these two writers are compared, what sensible monarch would not prefer as a subject the learned and pious controvertist?30
CHAPTER LIII.
ON THE FACULTIES OF THE CIVIL POWER
Having shown that the Catholic doctrine upon the origin of the civil power does not include any thing but what is perfectly reasonable and reconcilable with the true interests of the people, let us discuss the second of the proposed questions. Let us inquire into the nature of the faculties of this power, and see whether under this aspect the Church teaches any thing favorable to despotism – to that oppression of which she is so calumniously accused of being a supporter. We invite our opponents to demonstrate the contrary, fully confident that they will find it more difficult to succeed in so doing, than to accumulate vague accusations, which serve only to lead too confiding minds astray. To sustain these charges properly, recourse should be had to texts of Scripture, to tradition, to the decisions of Councils, or to those of Supreme Pontiffs, to passages of the Fathers; and it should be shown that these immoderately extend the bounds of power, with the design of placing undue restraint upon the liberty of the people, or of destroying it. But it will be said, if the sources retained their purity, the streams have been polluted by commentators; in other terms, theologians of latter ages, becoming the adulators of civil power, have powerfully labored to extend its faculties, and, consequently, to establish despotism. As many persons too readily claim the right of criticizing the doctors of what is termed the period of decline, flippantly censuring those illustrious men, without having ever taken the trouble to open their works, it is necessary for us to enter into some details on this subject, and to dispel prejudices and errors which are seriously injurious to religion, and not less so to science.
The declamations and invectives of Protestants have induced certain minds to imagine that every idea of liberty would have disappeared from the heart of Europe, had it not been for the timely intervention of the pretended Reformation of the sixteenth century. According to this idea, Catholic theologians are represented as a crowd of ignorant monks, capable only of writing, in bad language and in still worse style, a heap of nonsense, the ultimate and only aim of which was to exalt the authority of Popes and kings, and to support intellectual and political oppression, obscurantism, and tyranny. That a portion should become the victim of illusion in matters the investigation of which is difficult and arduous; that the reader should suffer himself to be deceived by a writer on whose word he must either rely or remain in complete ignorance, – as, for example, in the description of a country or a phenomenon examined only by the narrator, – is nothing strange; but that any one should adhere to errors which a few moments spent in the most obscure library would eradicate, that the authors of the brilliant volumes of Paris should have the privilege of disfiguring with impunity the opinions of a writer lying covered with dust and forgotten in the same library, and perhaps on the same shelf upon which the former glitter; that the reader should peruse with avidity the glossy pages of the newly-published work, filling his mind with the writer's notions, without even so much as putting forth his hand to the voluminous tome within his reach, and which needs only to be opened to furnish at every page a refutation of the censures in which levity, if not bad faith, is so ready to indulge; is difficult to be conceived or excused in any man professing to be a lover of science, and a conscientious investigator of truth. A great number of writers would assuredly not be so ready and free to speak of what they have never studied, to analyze books which they have never read, if they did not reckon upon the docility and levity of their readers; they would certainly refrain from pronouncing magisterially upon an opinion, a system, or a school, in fine, upon the labors of many ages, from deciding the gravest questions by a sally of wit, if they found that the reader, seized in his turn with distrust, and particularly with the skepticism of the period, would not place implicit faith in their assertions, but would take the trouble to confront them with the facts to which they relate.
Our ancestors did not consider themselves justified, I will not say in making an assertion, but even a single allusion, without giving careful references to the source of their information. Their delicacy on this point was carried to excess; but we have done wrong by going to the opposite extreme, and judging that we might dispense with all formality, even in the most important matters which imperiously demand the testimony of facts. But the opinions of ancient writers are facts, facts averred in their writings. By judging them hastily, without entering into details, without imposing upon ourselves the obligation of quoting authorities, we incur the suspicion of falsifying history, and history, I repeat, the most precious, that of the human mind. The levity observable in certain writers proceeds, in a great measure, from the character which science has assumed in our days. There is no longer any particular science, but only a general one, embracing them all, and including in its immense circle all branches of knowledge. Consequently, minds of ordinary capacity are obliged to remain satisfied with vague notions, unfortunately only serving to stimulate abstraction and universality. Never was knowledge so much generalized as now, and never was it more difficult to obtain deserved renown for wisdom. In every aspirant to scientific excellence the state of science requires a laborious activity in the acquisition of knowledge, profound reflection to regulate and direct it, a comprehensive and penetrating view to simplify and concentrate it, an intellect of a high order, elevating him to the regions in which science has established her abode. How many men are endowed with these qualifications? But let us revert to the subject.
Catholic theologians are so far from favoring despotism, that I doubt much whether it would be possible to find better books than theirs for enabling us to form clear and just ideas of the faculties of power. I will even add that, generally speaking, they incline, in a very remarkable manner, to the development of true liberty. The great type of theological schools, the model to the contemplation of which they have constantly turned during several centuries, are the works of St. Thomas of Aquin; and we may with full confidence defy our opponents to find us a jurist or philosopher who expounds with more lucidity, wisdom, noble independence, and generous dignity, the principles to which civil power ought to adhere. His Treatise upon Laws is immortal, and whoever has fully comprehended it has no further information to acquire respecting the great principles which ought to guide the legislator. You think lightly of past times, imagining that till now nothing was known of politics or public right; and in your imagination you invent an incestuous alliance between religion and despotism, fancying you have discovered in the distant obscurity of the cloister, the plot contrived by this infamous pact. But have you heard the opinion of a religious of the thirteenth century upon the nature of law? You already imagine that you see in his ideas force dominating over all, and constantly invoking religion the better to disguise his rude snares with a few falsehoods. Learn, then, that you could not yourself have given a milder definition of law. You would never have thought, as he has done, of excluding from it the idea of force; you could never have conceived how, in so few words, he has managed to say all, and with such exactitude, such lucidity, in terms so favorable to the true liberty of the people and to the dignity of man. The definition here spoken of being the summary of his entire doctrine, and at the same time the guide which has directed theologians, may be considered as an abridgment of theological doctrines in their relation to the faculties of civil power. It presents to us at a single glance what were, in this point of view, the predominating principles among Catholics.
Civil power acts upon society through the medium of the law; and, according to St. Thomas, the law is, "a rule dictated by reason, the aim of which is the public good, and promulgated by him who has the care of society." "Quædam rationis ordinatio ad bonum commune, et ab eo qui curam communitatis habet promulgata." (1, 2, quæst. 90, art. 4.) A rule dictated by reason, rationis ordinatio. Here by one word despotism and force are banished; here is the principle that the law is not a pure effect of the will. The celebrated maxim, Quod principi placuit legis habet vigorem, is here corrected. Although capable of a reasonable and just interpretation, this maxim was, nevertheless, incorrect, and inclined to flattery. A celebrated writer of our days has devoted numerous pages to proving that legitimacy has not its origin in the will of man, but in reason, inferring from this that what ought to command men is not in the will of another man, but reason. With much less pomp, but not less solidity and conciseness, the holy Doctor expresses this idea in the words above quoted, rationis ordinatio. On reflection we find that despotism, arbitrary power, and tyranny are nothing else than the absence of reason in power, the domination of the will. When reason commands, there is legitimacy, justice, liberty; when the will alone commands, there is illegitimacy, injustice, despotism. Hence the fundamental idea of all law is, that it be in accordance with reason, that it be an emanation from reason, an application of reason to society; and the will, in giving its sanction to law and carrying it into execution, should be merely auxiliary to reason, its instrument, its arm.