NOTES.

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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'oeuvre 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 coelo. Non sinam vel vos vel ipsos angelos de coelo 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 poenitentia, 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 poenitentia 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 poenitentiam." (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 coetui 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 moeror 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 foedentur? 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 poenitentiam."

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 coetu."

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 poena 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 coetus 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 coelestis 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 foetum 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 foetui 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 poenam 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 coeperunt 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 coepimus 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 coeperat, 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 coeli, 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.

"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 Coena 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 prooemium 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, coepi 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 coepit 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, proecepit 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 coepit, 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 coepit 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 poena 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 coelo sursum, et quÆ in terra deorsum, nihil prÆter solum Nescio nescire dignatur; ponit in coelum 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 coeperunt."


                                                                                                                                                                                                                                                                                                           

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