Protestantism and Catholicity

It is evident that, without the action of the will, there is no law; for acts of pure reason, without the co-operation of the will, are thoughts and not commands. They enlighten the mind, but do not produce action. It is, therefore, impossible to conceive the existence of law without the combined operation of the will and of reason. But this is no reason why we should not consider all law to have a rational foundation and to be conformable to reason, that it may merit the name of law. These observations have not escaped the penetration of the holy Doctor; he examines them, and dispels the error of believing that the law consists in the mere will of the prince. He expresses himself as follows: "Reason receives its motive power from the will, as we have observed above (quæst. 17, art. 1;) for whilst the will seeks the end, reason enjoins the means of its attainment; but the will, to have the force of law, must be guided by reason. In this sense only can the will of a sovereign be said to have the force of law; in any other sense it would not be law, but injustice." "Ratio habet vim movendi a voluntate, ut supra dictum est. (Quæst. 17, art. 1.) Ex hoc enim quod aliquis vult finem, ratio imperat de his quæ sunt ad finem, sed voluntas de his quæ imperantur, ad hoc quod legis rationem habeat, oportet quod sit aliqua ratione regulata; et hoc modo intelligitur quod voluntas principis habet vigorem legis; alioquin voluntas principis magis esset iniquitas quam lex." (Quæst. 90, art. 1.)

These doctrines of St. Thomas are the same as those of all theologians. Impartiality and good sense will tell us whether they are favorable to absolutism and despotism, whether they are in any way opposed to true liberty, whether they are not eminently conformable to the dignity of man. These doctrines form the most explicit and conclusive proclamation of the limits of civil power, and they certainly have in this respect more weight than the declarations of imprescriptible rights. That which humbles man, wounds in him the feeling of a just independence, and introduces despotism into the world, is the will of man commanding and exacting submission merely because it is his will; but by submitting to reason, being guided by her dictates, we are not degraded; on the contrary, we are elevated, we are dignified, for we live conformably to eternal order and to the divine will. The obligation of being subject to the law does not originate in the will of another, but in reason. Theologians, however, have not considered the latter of itself sufficient to command. They derive the sanction of the law from a higher source; when the conscience of man was to be acted upon, to be bound by duty, they could find nothing in the sphere of created things capable of attaining so high an object. "Human laws, if they are just," says the holy Doctor, "are binding in conscience, and they derive their power from the eternal law, from which they are formed, according to what is said in Proverbs, chap. viii., 'By Me kings reign, and the lawgivers decree just things.'" "Si quidem justæ sunt, habent vim obligandi in foro conscientiæ a lege eterna, a qua derivantur, secundum illud Proverb. cap. 8, per me reges regnant, et legum conditores justa decernunt." (1, 2, quæst. 96, art. 3.) This proves, according to St. Thomas, that just law is derived not exactly from human reason, but from the eternal law; and that this is what makes it binding upon conscience.

This is doubtless more philosophical than to seek the obligatory force of laws in private reason, in pacts, or in the general will. In this manner the titles, the true titles of humanity are explained, a reasonable limit is placed upon civil power, and obedience is easily obtained; the rights and duties of governments, as well as those of subjects, are established upon solid and indestructible foundations; the nature of power, society, command, and obedience become perfectly comprehensible. It is no longer the will of one man predominating over that of his fellow-man; it is not his reason, but reason emanating from God, or more properly speaking the reason of God, the eternal law, God Himself. A sublime theory, in which power finds its rights, its duties, its force, its authority, its prestige, and in which society possesses its safest guarantee of order, well-being, and true liberty; a theory which divests authority of the will of man, since it changes this will into an instrument of the eternal law, into a divine ministry, whose aim is the public good, ad bonum commune. This, according to St. Thomas, is also one of the essential conditions of law. It has been asked, Whether kings are made for the people, or the people for kings? Such a question could only arise from a want of due reflection upon the nature of society, its object, and its origin, and upon the intent of power. The concise expression above cited, ad bonum commune, is a fitting answer to this question. "Laws," says the holy Doctor, "may be unjust in two ways; either by being opposed to the commonweal, or by having an improper aim, as when a government imposes upon its subjects onerous laws, which do not serve the common interest, but rather cupidity and ambition. Such laws are rather injustices than laws." "Injustæ autem sunt leges dupliciter; uno modo per contrarietatem ad bonum commune, e contrario prædictis; vel ex fine, sicut cum aliquis præsidens leges imponit, onerosas subditis non pertinentes ad utilitatem communem, sed magis ad propriam cupiditatem vel gloriam: … Et hujusmodi magis sunt violentiæ quam leges." (1, 2, q. 96, art. 4.) From this doctrine it follows, that command must be exercised for the well-being of all; and, failing in this condition, it is unjust: governors are invested with it only for the advantage of the governed. Kings are not, as some philosophers, regardless of the most palpable inconsistencies, have absurdly maintained, the slaves of their people; neither is their power a simple commission without any real authority, and continually subject to the caprice of their people; but, at the same time, the people are not the property of their kings. The latter can, by no means, consider their subjects as slaves, to be disposed of at their free-will: governments are not, by any means, the absolute arbiters of the lives and fortunes of the governed; they are bound to watch over them, not as a master over slaves from whom he derives profit, but as a father over the son whom he loves and whose happiness he has at heart.

"The kingdom is not made for the king, but the king for the kingdom," says the holy Doctor, from whom I continue to quote; and, in a style remarkable for its force and freedom, he continues as follows: "for God has constituted kings to rule and govern, and to secure to every one the possession of his rights; such is the aim of their institution; but if kings, turning things to their own profit, should act otherwise, they are no longer kings, but tyrants." (D. Th. de Reg. Princ. cap. 11.) From this doctrine it is evident, that the people are not made for kings; that the subject is not made for the ruler; but that all governments have been established for the good of society, and that this alone should be the compass to guide those who are in command, whatever be the form of government. From the president of the most insignificant republic to the most powerful monarch, none are exempt from this law; for it is a law anterior to society, – a law which presided at the formation of society, and which is superior to human law, inasmuch as it emanates from the Author of all society, from the source of all law.

No, the people are not made for kings; kings are all appointed for the good of the people: and if this object is not accomplished, the government is useless; and this affects the republic as well as the monarchy. To flatter kings with opposite maxims is to ruin them. Religion has not, at any time, done this; this was not the language of those illustrious men who, clothed in the sacerdotal habit, delivered to the powerful ones of the earth the messages of Heaven. "Kings, princes, magistrates," cries out the venerable Palafox, "all jurisdiction is ordained by God for the preservation of His people, not for their destruction; for defence, not for offence; for man's right, and not for his injury. They who maintain that kings can do as they please, and who establish their power upon their will, open the way to tyranny. Those who maintain that kings have power to do as they ought, and what is necessary for the preservation of their subjects and of their crowns, for the exaltation of faith and religion, for the just and right administration of justice, the preservation of peace and the support of just war, for the due and becoming éclat of regal dignity, the honorable maintenance of their houses and families, speak the truth without flattery, throw open the gates to justice, and to magnanimous and royal virtues." (Hist. Real. Sagrada, lib. i. cap. 11.) When Louis XIV. said, "I am the state," he had not learned this maxim either from Bossuet, Bourdaloue, or Masillon. Pride, exalted by so much grandeur and power, and infatuated by base adulators, was here speaking by his mouth. How unsearchable are the ways of Providence! The corpse of this man, who said he was the state, was insulted at his funeral; and, before the lapse of a century, his grandson suffered death on the scaffold! Thus the crimes of families are expiated, as well as those of nations. When the measure of His indignation is filled up, the Lord reminds terrified man that the God of mercy is likewise a God of vengeance, and that, as He opened upon the world the floodgates of heaven, so also He lets loose upon kings and nations the tempests of revolution. When once the rights and duties of power are founded upon a base as solid as that of their divine origin, when once they become established by a rule as exalted as that of the eternal law, there is no longer any necessity for extolling or exaggerating power, nor of attributing to it faculties to which it has no claim; and, on the other hand, it is no longer necessary to exact from it the fulfilment of its obligations with that imperious haughtiness which enervates by humiliating it. Flattery and menace become alike needless when there are other resources for exciting it to action, and other barriers for restraining it within due bounds. The statue of the king, it is true, is not set up in the public squares as an object for the people's adoration; but, on the other hand, the king is no longer placed at the mercy of democrats, soon to become an object of mockery and derision, the contemptible laughing-stock of demagogues.

Observe the moderation and mildness of the definition we have just analysed! It does not contain a single word which can wound the most delicate susceptibility of the most ardent partisans of public liberty. The law, according to this definition, consists in the rule of reason; the common weal is its only aim; and when the authority of him who promulgates and executes it is spoken of, there is no mention made of any sovereignty, no expression is used indicative of slavish subjection, the most measured term which it was possible to select is made use of —care: Qui CURAM communitatis habet. Bear in mind, that the author here quoted is accustomed to weigh his words like precious metal, and to employ them with the most scrupulous delicacy, pausing a long time, when necessary, to explain any that may present the least ambiguity, and you will then understand what ideas this great man entertained upon power; you will discover whether the spirit of oppressive doctrines could have prevailed in the Catholic schools, in which this Doctor was, and is still, acknowledged as an almost infallible oracle.

Compare the definition given by St. Thomas, and adopted by all theologians, with that which Rousseau has given. In that of St. Thomas, law is the expression of reason; in that of Rousseau, the expression of will: in the former, it is an application of the eternal law; in the latter, the product of general will. On which side are wisdom and good sense? Law was understood among the nations of Europe as it is explained by St. Thomas and all the Catholic schools; and tyranny was banished from Europe, Asiatic despotism was impossible, the admirable institution of European monarchy was established. At a later period, Rousseau's explanation was adopted, and then came the Convention, with its scaffolds and its horrors.

Publicists have already nearly abandoned the theory of "a general will;" and even those who contend for the sovereignty of the people, do not maintain that the will of all the citizens should constitute the law. The law, say they, is not the expression of general will, but of general reason. The philosopher of Geneva would have the will of individuals collected, the aggregate of which he termed the general will. In like manner, the publicists of whom we are speaking are of opinion that it is necessary to collect, amongst the governed, the greatest amount of reason, and to give this to the government for its guidance, the governing body being merely an instrument for the application of it. It is not men who command, say they, but the law; and the law is nothing else than reason and justice.

This theory, so far as it is correct, and apart from the applications which might be made of it, is not a discovery of modern science; it is a traditional principle of all Europe, which presided at the formation of society, and has given to civil power an organisation differing widely from those of antiquity, and equally so from those of modern times that have not participated in our civilisation. This, on close examination, appears to be the reason why European monarchies, even the most absolute, have been so very different from the Asiatic. A singular phenomenon: at the very time when society among us had no legal guarantees against the power of kings, it still had other very forcible ones which were purely moral. Modern science cannot, therefore, claim the discovery of a new principle of government; it has unknowingly resuscitated the ancient one. By rejecting the doctrine of Rousseau, instead of making, according to the vulgar expression, a step in advance, it retrograded; but to retrograde is not always to lose an advantage. What is or can be lost by receding from the brink of a precipice to enter upon a safe road? Rousseau complains, and with reason, that certain writers have so far exaggerated the prerogatives of civil power, as to convert mankind into a common herd, of which rulers could dispose to serve their interest or caprice. Such reproaches, however, cannot be applied to the Catholic Church, nor to any of the illustrious schools sheltered in her bosom. The philosopher of Geneva makes a severe attack upon Hobbes and Grotius for having maintained this servile doctrine. Catholics have nothing to do with the cause of these two writers. I will observe, however, that it would not be just to place the latter upon a parallel with the former. Grotius has certainly afforded reason for the accusation. He maintains that there are cases in which governments are not for the benefit of the governed, but for that of the governing powers. "Sic imperia quædam esse possunt comparata ad regum utilitatem." (De Jure Belli et Pacis, lib. i. cap. 3.) But, whilst we acknowledge that this principle has a dangerous tendency, we grant that the doctrines of the Dutch writer do not upon the whole tend to the total ruin of morality.

By rendering Grotius his due share of justice, we prevent any exaggeration of the evil which may exist on the side of our opponents; it must now be permitted to Catholic hearts to remark with noble satisfaction, that such doctrines could never be established amongst the professors of the true faith, and that the fatal maxims which lead to oppression have originated precisely among those who have deviated from the teaching of the Chair of St. Peter. No; Catholics have never brought under discussion whether kings have an unlimited power over the lives and fortunes of their subjects, to such a degree as to admit of no opposition, whatever be the excess of the absolutism and despotism exercised over them. Whenever flattery raised its voice to exaggerate the royal prerogative, this voice was immediately silenced by the unanimous outcry of the supporters of sound doctrine. Witness the remarkable example of a solemn retractation imposed by the tribunal of the Inquisition upon a preacher who had exceeded his bounds. Not so in England, a country proverbial for its hatred of Catholicity. Whilst here, in Spain, it was forbidden under a severe penalty to circulate maxims so degrading, in England the question was proposed with the greatest gravity, and writers upon law were divided in their sentiments. (See end of chapter 39.)

Every impartial reader has already been able to form an opinion on the value of declamations against the right divine, and on that pretended affinity of Catholic doctrines with despotism and slavery. The exposition of these doctrines which I have just given is certainly not founded upon vain reasoning, sought out on purpose to darken the question. I have not in any way shunned the difficulty.

The question was, to know in what these doctrines consisted. I have shown clearly, that those who calumniate them do not understand them, and that we may even be allowed to suppose that they have never taken the trouble to examine them, such is the levity and ignorance with which they express themselves. Perhaps I have adduced too many facts and quotations; but let the reader bear in mind, that my object is not to present him with a code of doctrines, but to give to this point of doctrine an historical investigation. Now, history does not call for discourses, but facts; and in matters of doctrine, the sentiments of authors are facts. Whilst beholding the salutary reaction now taking place in favour of sound principles, let us avoid giving an incomplete statement of the truth. For the cause of religion it is highly important that its advocates should be free from even the most remote suspicion of dishonesty or dissimulation. On this account, I have, without hesitation, given in their integrity the doctrines laid down by Catholic writers, just as I find them in their works. By misrepresenting and confounding facts, Protestants and unbelievers have succeeded in deceiving; let me hope that, by explaining and elucidating them, I shall not be unsuccessful in removing the deception.

I purpose examining, in the remaining part of this work, some other questions relating to the same subject – questions perhaps not more important, but certainly more delicate. And for this reason, I was obliged to smooth the way, that I might proceed with more liberty and ease. I have hitherto made the cause of religion defend itself with its own weapons, without borrowing the support of auxiliaries which were superfluous. I shall proceed in the same course, fully convinced that Catholicity can only lose by any line of vindication that identifies it with political interests, and confines it within a circle too limited for its immensity. Empires appear and disappear; the Church of Christ will last till the end of time. Political opinions undergo changes and modifications; the august dogmas of our religion remain immutable. Thrones rise and fall; and the rock upon which Jesus Christ has built His Church stands unshaken throughout the course of time, ever defying the powers of hell. When we take up arms in her defence, let us be impressed with the importance of our mission; let there be no exaggeration, no flattery – the pure truth in measured, but accurate and firm language. In addressing ourselves to the people, in proclaiming the truth to kings, let us bear in mind that religion is above politics, and God above kings and people.