CHAPTER LII.

FREEDOM OF SPEECH UNDER THE SPANISH MONARCHY.

Extreme doctrines neither insure the liberty of the people, nor the

force and stability of governments; both require truth and justice,

the only foundations upon which we can build with any hope of the

durability of the edifice. In general, maxims favorable to liberty are

never carried to a higher pitch than on the eve of the establishment

of despotism; and it is to be feared that the overthrow and ruin of

governments are very near when undue adulations are lavished upon their

power. When was the power of kings more extolled than about the middle

of last century? Who is not aware of the exaggerations given to the

prerogatives of royal power, when the Jesuits were to be expelled, and

the authority of the Sovereign Pontiff impugned? In Portugal, Spain,

Italy, Austria, and in France, the unanimous voice of the purest

and most fervent royalism was heard; and yet what became of this

great love, this lively zeal for monarchy, from the moment that the

revolutionary storm had placed it in danger? Observe what, generally

speaking, has been the conduct of men opposed to the ecclesiastical

authority; they have united themselves to demagogues for destroying, at

the same time, the authority of the Church and that of kings; they have

forgotten their base adulations, and abandoned themselves to insults

and violence. People and governments should never lose sight of this

rule of conduct, so useful to men of sense, to mistrust flatterers,

and to confide in those who warn and correct them. Let them beware

whenever they are caressed with an affected tenderness, and their cause

is maintained with especial warmth; it is a sure sign of an attempt

to make use of them as tools for the furtherance of interests very

different from their own. In France, at certain times, monarchical zeal

was carried to such an extent as to call forth, in the assembly of the

States-General, a motion for establishing, as a sacred principle, that

kings receive their supreme authority immediately from God: this was

not carried into effect, but the proposal shows how ardently the cause

of the throne was then maintained. Now, what did all this ardor mean?

Simply an antipathy against the Court of Rome, a dread of the extension

of papal power; it was an obstacle to be opposed to the phantom

of a _universal monarchy_. Louis XIV., so tenacious of the royal

prerogative, assuredly did not foresee the misfortunes of Louis XVI.;

and Charles III., in listening to the Count of Aranda and Campomanes,

little thought that the constituent Cortes of Cadiz was so near.

In the midst of their splendor, monarchs forgot one principle

predominating in the whole modern history of Europe, viz. that social

organization is an emanation of religion, and, consequently, that the

two powers to which the defence and preservation of society appertain

ought to co-exist in perfect harmony.

The power of the Church cannot be diminished without injury to the

civil power; he who sows schism will reap rebellion. During the last

three centuries the most liberal and popular doctrines upon the

origin of power have been circulated amongst us. What did it matter

to the Spanish monarchy, since those very persons who advocated

these doctrines were the first to condemn resistance to the lawful

authorities, to inculcate the obligation of obedience to them, and

to establish in all hearts, respect, love, and veneration for the

sovereign? The disturbances of our epoch, and the dangers constantly

besetting thrones, are not exactly attributable to the propagation of

doctrines more or less democratical, but to the absence of moral and

religious principles. What will be gained by asserting that power comes

from God, if people believe not in God? Point out the sacred character

of the duty of obedience, and what effect will it produce upon those

who admit not the existence of moral order, and to whom duty is merely

a chimerical idea? Suppose, on the contrary, that you have to deal with

men penetrated with moral and religious principles, who bow to the

will of God, and believe themselves bound to submit to it, so soon as

it is manifested to them. What does it matter then whether civil power

proceeds from God directly or indirectly? it is enough to convince

them, in one way or another, that, whatever be its origin, God approves

of it, and wills that it should be obeyed; they will immediately submit

with pleasure, for they will see in this submission the accomplishment

of a duty.

These considerations serve to explain the reason why certain doctrines

appear more dangerous now than formerly: incredulity and immorality

give them perverse interpretations, and apply them so as to create

nothing but excesses and disorders. From the manner in which the

despotism of Philip II. and his successors is now spoken of, we might

be led to suppose that in their time no other doctrines than those in

favor of the most rigid absolutism could be circulated; and yet we find

that there were circulated, without the least apprehension on the part

of power, works maintaining theories which, even in our days, would be

esteemed too bold. Is it not, therefore, remarkable, that the famous

book of Father Mariana, intituled _De Rege et Regis institutione_,

which was burned at Paris by the hand of the public executioner,

had been published in Spain eleven years before, without the least

obstacle to its publication, either on the part of the ecclesiastical

or civil authority? Mariana undertook his task at the instigation and

request of D. Garcia de Loaisa, tutor to Philip III., and subsequently

Bishop of Toledo; so that the work, strange to say, was intended for

the instruction of the heir-apparent. Never was more freedom used in

speaking to kings; never was tyranny condemned in a louder voice; never

were more popular doctrines proclaimed; and the work was, nevertheless,

published at Toledo, in 1599, in the printing-office of Pedro Rodrigo,

printer to the king, with the approbation of P. Fr. Pedro de Ona,

provincial of the Mercenaries of Madrid, with the permission of

Stephen Hojeda, visitor of the Society of Jesus in the province of

Toledo, under the generalship of Claude Aquaviva; and, what is still

more forcible, with the royal sanction, and a dedication to the king

himself. We should also observe, that Mariana was not satisfied with

this dedication placed at the commencement of the book, but he makes

the very title itself serve to show to whom it was addressed: _De

Rege et Regis institutione. Libri 3, ad Philippum 3, Hispaniæ Regem

Catholicum_; and, as if this were not sufficient, in dedicating his

Spanish version of the History of Spain to Philip III., he says to him:

"I last year dedicated to your majesty a work of my own composition,

upon the virtues which ought to exist in a good king, my desire being

that all princes should read it carefully and understand it." "El año

pasado presenté á V. M. un libro que compuse de las virtudes que debe

tener un buen Rey, que deseo lean y entiendan todos los principes con

cuidado."

We will pass over his doctrine upon tyrannicide, which was the

principal cause of its condemnation in France, where there existed,

without doubt, motives of alarm, since kings were perishing there by

the hand of the assassin. On examining his theory upon power, we find

it as popular and liberal as those of modern democrats could be.

Mariana ventures to express his opinions without evasion or disguise.

For example, drawing a parallel between the king and the tyrant,

he says: "The king exercises with great moderation the power which

he has received from his subjects.... Hence, he does not, like the

tyrant, oppress his subjects as slaves, but governs them as free men;

and having received his power from the people, he takes particular

care that during his life, the people shall voluntarily yield him

submission." "Rex quam a subditis accepit potestatem singulari modestia

exercet.... Sic fit, ut subditis non tanquam servis dominetur, quod

faciunt tyranni, sed tanquam liberis præsit, et qui a populo potestatem

accepit, id in primis curæ habet ut per totam vitam volentibus

imperet." (Lib. 1, cap. 4, p. 57.) This was said in Spain by a simple

religious, was sanctioned by his superiors, and attentively listened

to by kings. To what grave reflections does this simple fact lead us!

Where is that strict and indissoluble alliance which the enemies of the

Church have imagined to exist between her dogmas and those of slavery?

If such expressions as the above were tolerated in a country in which

Catholicity predominated so extensively, how can it be maintained that

such a religion tends to enslave the human race, and that its doctrines

are favorable to despotism? Nothing would be easier than to fill whole

volumes with remarkable passages of our writers, both lay and clerical,

showing the extreme liberty granted upon this point, as well by the

Church as by the civil government. What absolute monarch in Europe

would approve of one of his high functionaries expressing the origin of

power after the manner of our immortal Saavedra? "It is from the centre

of justice," says he, "that the circumference of the crown has been

drawn. The latter would not be necessary, if we could dispense with

the former.

Hac una reges olim sunt fine creati,

Dicere jus populis, injustaque tollere facta.

In the first age, there was no necessity for penalties, because the

law did not take cognisance of transgressions; rewards were equally

unnecessary, because integrity and honor were loved for their own

sakes. But vice, growing with the age of the world, intimidated

virtue; simple and confiding, the latter, till then, dwelt in the

country. Equality was despised, modesty and chastity lost, ambition

and force introduced, and after them domination. Prudence, forced by

necessity, and aroused by the light of nature, reduced men to a state

of civil society, to exercise therein those virtues to which reason

inclines them. By means of the articulate voice with which nature had

gifted them, they could explain to each other their mutual thoughts,

manifest to each other their sentiments, and explain their wants,

instruct, counsel, and protect each other. Society once formed, a

power was created _by common consent, in the whole of this community,

enlightened by the law of nature_, for preserving its different

parts, for maintaining them in justice and peace, by punishing vice

and rewarding virtue. _As this power could not remain spread through

the whole body of the people, on account of the confusion which would

have arisen from the resolutions and their execution_, and as it was

absolutely necessary that there should be some to command, and others

to obey, _one portion divested itself of this power, and vested it in

one member, or in a small, or in a great, number of members, that is

to say, in one of the three forms of every state government--monarchy,

aristocracy, or democracy_. Monarchy was the first; because men

selected for their government, out of their families, and afterwards

even from among the whole people, some one who excelled the rest in

goodness: his greatness increasing, they honored his hand with the

sceptre, and encircled his head with a crown as an emblem of majesty,

and as a badge of the supreme power which they had conferred upon him.

This power, however, consists chiefly in that justice which ought to

maintain the people in peace; _this justice failing, the order of

the state fails, and the office of king ceases_, as was the case in

Castile, when the government by judges was substituted for that by

kings, on account of the injustice of D. Ordona and of D. Fruela."

(_Character of a Christian Prince's Policy, set forth in a hundred

Devices_, by D. Diego de Saavedra Fajardo, Knight of the Order of St.

James, Member of his Majesty's Supreme Council for the Indies, _device_

22.)

The words _people_, _pact_, _consent_, have ended in becoming the

dread of men of sound ideas and upright intentions, on account of the

deplorable abuses which have been made of them in those immoral schools

which ought rather to be qualified with the epithet of irreligious than

with that of democratical. No, it was not the desire of ameliorating

the condition of the people which led them to overthrow the world, by

overturning thrones and shedding torrents of blood in civil discord;

the real cause was a blind rage for reducing to ashes the work of ages,

by especially attacking religion, the main support of every thing wise,

just, and salutary, that European civilization had acquired. And,

in fact, have we not seen impious schools, whilst boasting of their

liberty, bend under the hand of despotism, whenever they thought it

useful to their designs? Previous to the French Revolution, were they

not the basest adulators of kings, whose prerogatives they extended

immeasurably, with the intention of making regal power the means of

oppressing the Church? After the revolutionary epoch, did we not

see them assembled round Napoleon; and even yet, do they not almost

deify him? And why? Because Napoleon was revolution personified, the

representative and executor of the new ideas sought to be substituted

for the old ones. In the same manner Protestantism extols its Queen

Elizabeth; because it was she who placed the Establishment upon a

solid foundation. Revolutionary doctrines, besides the evils they

inflict upon society, produce indirectly another effect, which may, at

first sight, appear salutary, but which, in reality, is not so. They

occasion dangerous reactions in the order of events, and check the

progress of knowledge, by narrowing and debasing men's ideas, leading

them to condemn as erroneous and pernicious, or to view with mistrust,

principles which would previously have been looked upon as sound, or

that would, at all events, have been regarded as mere harmless errors.

The reason of all this is, simply, that liberty has no worse enemy than

licentiousness.

In support of this last observation, it may be well to show, that

the most rigorous doctrines in political matters have originated in

countries in which anarchy had made the greatest ravages, and precisely

at the time when the evil, still present, or very recent, was most

keenly felt. The religious revolution of the sixteenth century, and

the political commotions consequent upon it, were principally felt in

the north of Europe; the south, and especially Italy and Spain, were

almost entirely preserved from them. Now, these last two countries are

precisely those in which the dignities and prerogatives of civil power

have been the least exaggerated, as well as those in which they were

not disparaged in theory, and were respected in practice. Of all modern

nations, England was the first in which a revolution, properly so

called, was realized; for I do not consider as such the insurrection of

the German peasantry, which, in spite of the terrible catastrophe which

it caused, never effected any change in the state of society; or that

of the United Provinces, which may be considered a war of independence.

Now, it was precisely in England that the most erroneous doctrines

in favor of the supreme authority of civil power appeared. Hobbes,

who, whilst he refused to allow the rights of the Creator, attributed

unbounded authority to the monarchs of the earth, lived at the most

agitated and turbulent epoch in the annals of Great Britain. He was

born in 1588, and died in 1679.

In Spain, where the impious and anarchical doctrines, which had

troubled Europe since the schism of Luther, did not penetrate until the

latter part of the eighteenth century, we have seen that the greatest

license of expression was permitted upon the most important points of

public right, and that doctrines were maintained which, in any other

country, would have been looked upon as dangerous. Error gave rise to

exaggeration; the rights of monarchs were never so much extolled as

under the reign of Charles III.; that is, at the time when the modern

epoch was inaugurated among us.

Religion, which predominated in all consciences, maintained them in

the obedience due to the sovereign, without there being any need of

giving this obedience any extraordinary titles, when its real ones

were sufficient, as they certainly were. For him who knows that God

has prescribed obedience to lawful authority, it matters little

whether this authority emanate from Heaven directly or indirectly, or

whether society has more or less taken part in the determination of

political forms, or in the election of the persons or families who are

to exercise the supreme command. Hence we find that in Spain, although

the words _people_, _consent_, _pacts_, were spoken of, monarchs were

held in the most profound veneration, so much so that modern history

does not mention a single attempt upon their persons. Popular tumults

were also of rare occurrence; and those which did happen are not

attributable to either of the two above-mentioned doctrines. How does

it happen that, at the end of the sixteenth century, the Council of

Castile was not alarmed at the bold principles of Mariana, in his book

_De Rege et Regis institutione_, whilst those of the Abbé Spedalieri,

at the end of the eighteenth century, were such a terror to it? The

reason of this lies not so much in the contents of the works, as in

the epoch of their publication. The former appeared at a time when

the Spanish nation, confirmed in religious and moral principles,

might be compared to those robust constitutions capable of bearing

food difficult of digestion. The latter was introduced among us when

the doctrines and deeds of the French Revolution were shaking all the

thrones of Europe, and when the propagandism of Paris was beginning to

pervert us by its emissaries and books. In a nation in which reason

and virtue prevail, in which evil passions are never excited, in which

the well-being and prosperity of the country are the only aim of every

citizen, the most popular and liberal forms of government may exist

without danger; for in such a nation numerous assemblies produce no

disorder, merit is not obscured by intrigue, nor are worthless persons

raised to the government, and the names of public liberty and felicity

do not serve as means to raise the fortunes or satisfy the ambition of

individuals. So also in a country in which religion and morality rule

in every breast, in which duty is not looked upon as an empty word, in

which it is considered really criminal to disturb the tranquillity of

the state, to revolt against the lawful authorities: in such a country,

I say, it is less dangerous to discuss, with more or less freedom,

questions arising from theories on the formation of society and the

origin of the civil power, and to establish principles favorable to

popular rights. But when these conditions do not exist, it is of little

use to proclaim rigorous doctrines. To abstain from pronouncing the

name of people, as a sacrilegious word, is a useless precaution. How

can it be expected, that he who respects not Divine Majesty, should

respect human? The conservative schools of our age, proposing to

place a restraint upon the revolutionary torrent, and to tranquillize

agitated nations, have almost always been infected with a certain

failing, which consists in forgetting the truth which I have just

noticed: _royal majesty_, _authority of the government_, _supremacy

of the law_, _parliamentary sovereignty_, _respect for established

forms, and order_: such are the terms they are constantly making use

of. This is their palladium of society; and they condemn with all their

might _the state_, _insubordination_, _disobedience to the laws_,

_insurrection_, _riot_, _anarchy_; but they forget that these doctrines

will not suffice, unless there be some fixed point to which the first

link of the chain may be riveted. These schools, generally speaking,

originate in the bosom of revolution; they are directed by men who

have figured in revolutions, who have contributed to prepare them, who

have given them their force, and who, in order to attain the object of

their ardent desires, feared not to ruin the edifice at its foundation,

by diminishing the ascendency of religion and opening the way to moral

relaxation. Hence they become powerless when prudence, or their own

interests, bid them say, "_We have gone far enough_;" and, hurried on

like the rest by the furious whirlwind, they have neither the means of

stopping the movement nor of giving it a proper direction.

We are continually hearing the _Contrat Social_ of Rousseau condemned

on account of its anarchical doctrines, whilst at the same time

doctrines are circulated tending visibly to weaken religion. Can we

possibly believe that the _Contrat Social_ has alone caused all the

commotions of Europe? It has doubtless produced serious evils, but

still more serious ones have been caused by that irreligion which so

deeply undermines the foundations of society, which loosens family

bonds, and delivers up the individual to the caprice of his passions,

with no other restraint or guide than the promptings of his own low

egotism. Men of upright and reflecting minds begin to penetrate these

truths. We find, nevertheless, in the political sphere, this error,

which attributes to the action of civil government sufficient creative

power to form, organize, and preserve society, independently of all

moral and religious influences. It is of little consequence what be

maintained in theory, if this error be acted upon in practice; and what

avails the proclaiming of certain sound principles, if our conduct

is not guided by them? These philosophico-political schools, which

are desirous of ruling the destinies of the world, proceed in a way

diametrically opposite to that of Christianity. The latter, whose

principal object was heaven, did not, however, neglect the happiness of

man upon earth; it addressed itself directly to the understanding and

the heart, considering that the community is regulated by the conduct

of individuals, and that, in order to have a well-regulated society,

it was necessary to have good citizens. To proclaim certain political

principles, to institute particular forms--such is the panacea of some

schools, who deem it possible to govern society without exercising

a due influence over the intelligence and heart of man; reason and

experience agree in teaching us what we may expect from such a system.

Profoundly to impress the minds of men with religion and

morality,--this is the first step towards the prevention of revolutions

and disorganization. When these sacred objects have acquired their

full influence over the hearts of men, there is no longer any thing to

be apprehended from a greater or less latitude in political opinions.

What confidence can a government repose in a man professing highly

monarchical opinions, if he join impiety to them? Will he who refuses

to give to God his rights, respect those of temporal kings? "The first

thing," says Seneca, "is the worship of the gods, and faith in their

existence; we are next to acknowledge their majesty, and bounty,

without which there is no majesty." "Primum est Deorum cultus, Deos

credere; deinde reddere illis majestatem suam, reddere bonitatem, sine

qua nulla majestas est." (Seneca, _Epist_. 95.) Observe how Cicero, the

first orator and perhaps the greatest philosopher of Rome, expresses

himself: "It is necessary," says he, "that the citizens should be

first persuaded of the existence of gods, the directors and rulers of

all things, in whose hands are all events, who are ever conferring

on mankind immense benefits, who search the heart of man, who see

his actions, the spirit of piety which he carries into the practice

of religion, and who distinguish the life of the pious from that of

the ungodly man." "Sit igitur jam hoc a principio persuasum civibus,

dominos esse omnium rerum, ac moderatores deos; eaque quæ gerantur,

eorum geri ditione ac numine, eosdemque optime de genere hominum

mereri, et qualis quisque sit, quid agat, quid inde admittat, qua

mente, qua pietate colat religiones intueri: piorumque et impiorum

habere rationem." (Cic. _de Nat. Deor._ 2.)

These truths should be profoundly impressed upon the mind: the

evils of society do not principally emanate from political ideas

or systems; the root of the evil lies in religion; and if a check

is not put upon irreligion, it is vain to proclaim the most rigid

monarchical principles. Hobbes did certainly flatter kings a little

more than Bellarmin; and yet, when these two writers are compared, what

sensible monarch would not prefer as a subject the learned and pious

controvertist?[30]

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