CHAPTER LIV.

ON RESISTANCE TO THE CIVIL POWER.

The doctrines of Catholicity, therefore, in reference both to the

origin and the exercise of civil power, are unobjectionable. Let us

now proceed to another point--one of greater delicacy and difficulty,

if not of more importance. To state the question frankly, without any

subterfuge or evasion: "_Is it allowable in any case to resist the

civil power?_" It is impossible to speak more distinctly, or to employ

more precise and simple terms in stating this question, which is the

most important, the most difficult, and the most startling of any

that the subject we have in hand presents for our investigation. We

know that Protestantism from its commencement proclaimed the right of

insurrection against civil power; and no one is ignorant of the fact

that Catholicity has ever preached up obedience to this power; so that

if the former has been from its infancy an element of revolution and

of overthrow, the latter has been an element of tranquillity and good

order. This distinction might induce us to believe that Catholicity

favors oppression, since it leaves the people without arms to defend

their liberty. "You preach up obedience to the civil powers," our

adversaries will say; "you pronounce, in all cases, an anathema upon

any insurrection which attacks them; should tyranny prevail, therefore,

you become its most powerful auxiliaries; for, by your doctrine, you

arrest the arm ready to be raised in defence of liberty; you stifle

with the cry of conscience the indignation awakened in generous

hearts." This is a serious charge, which compels us to elucidate, as

far as possible, this important point, and to distinguish in it truth

from error, certainty from doubt.

Some men would shrink from the investigation of such questions, and

prefer drawing a veil over them--a veil which they venture not to

raise, lest they should find an abyss. And assuredly their timidity

is not inexcusable; for there are abysses unfathomable, and dangers

that strike the mind with awe. One false step may lead to destruction;

one move in a wrong direction may let loose tempests that would

lay society in ruins. Whilst, however, I willingly admit the pure

intentions of such persons, I may be permitted to observe, that their

prudence is quite thrown away, that their foresight and precaution are

of no avail. Whether they investigate these questions or not, they are

investigated, agitated, and decided, in a manner that we must deplore;

and, worse still, the theories thence arising have been reduced to

practice. Revolutions are no longer confined to books, they have become

realities; quitting the quiet path of mere speculative philosophy,

they are to be seen in the streets and in the public squares. Since,

then, things have come to such a pass, why seek palliatives, make use

of restrictions, or invoke silence? Let us tell the truth, just as it

is, without concealment; since it is the truth, it will neither shrink

before abundance of knowledge, nor the attacks of error. It is truth;

its manifestation, its diffusion can have no injurious effect. In a

word, God, who is the Author of societies, had no need of establishing

them upon falsehood. This candor is the more necessary, because

political changes may have led some persons to disavow the truths we

are discussing, or no longer to understand them aright; whilst others

imagine that obedience to legitimate authority has been taught only by

a party anxious to make this doctrine the foundation of their tyranny.

Men of erroneous opinions and evil intentions have their own codes, to

which they have recourse whenever it will forward their designs: their

fatal errors or their sordid interests form the rule of their conduct;

this is the source of their knowledge and of their inspirations. Men,

therefore, endowed with a pure heart and with upright intentions,

should know what to hold by in political oscillations; it is no longer

sufficient for them to have a general knowledge of the principle of

obedience to the legitimate authorities; they must also be acquainted

with their applications.

It is true that, in conflicts arising from civil discord, many men

throw aside their own convictions to accommodate themselves to the

exigencies of their interests; but it is no less certain, that there

is still to be found a great number of conscientious men who adhere

to them. We may also add, that the generality of the individuals

composing a nation, not being usually in the urgent necessity of

choosing between the sacrifice of their convictions and the risk of

grave and imminent peril, those who entertain them usually find means

to make their influence felt in preventing great evils or in remedying

them. According to certain _pessimistes_, reason and justice are for

ever banished from the earth, leaving it a prey to self-interest, and

substituting for the dictates of conscience the designs of egotism. In

their estimation, it is labor in vain to discuss and decide questions

which may guide us in practice; for, according to them, whatever a

man's conviction may be in theory, his practical decision will always

be the same. It is my happiness, or misfortune, to take a different

view of the case, and to believe that there still exist in the world,

and particularly in Spain, men of profound convictions, and possessed

of sufficient strength of mind to regulate their conduct by those

convictions. The strongest proof that the inutility of doctrines is

exaggerated, is the zeal evinced by all parties to lay hold of them.

Whether from interest or from delicacy, all appeal to doctrines; and

this interest or delicacy would not exist, if doctrines did not possess

a powerful ascendency in society. Nothing, in discussion, is more

perplexing than the introduction of several questions at the same time;

and for this reason, I shall proceed in such a manner as to distinguish

those which present themselves here. I will resolve, one by one, those

which relate to our object, and pass over those which are foreign to

it. Above all, we must bear in mind the general principle at all times

inculcated by Catholicity, viz. _the obligation of obeying legitimate

authority_. Let us now see how this principle is to be applied. In the

first place, _Are we to obey the civil power when it commands something

that is evil in itself?_ No, we are not; for the simple reason that

what is evil in itself is forbidden by God; now, _we must obey God

rather than men_.

In the second place, _Are we to obey the civil power when it interferes

in matters not included in the circle of its faculties?_ No; for, with

regard to these matters, it is not a power. From the very supposition

that its faculties do not extend so far, we affirm that, in this point

of view, it is not a real power. Besides, what I have advanced does not

exactly and exclusively concern spiritual matters, to which I appear

to allude. I apply this restriction of civil power also to matters

purely temporal. It is necessary to refer here to what I have said in

another part of this work, viz., that whilst we grant to civil power

sufficient force and attributes for the maintenance of order and unity

in the social body, it is just nevertheless, that we should not allow

it to absorb the individual and the family, so as to destroy their

individuality, to deprive them of their own sphere, and leave them only

the means of acting as an integral part of society. This is one of the

distinguishing features between Christian and pagan civilisation: the

latter, in its zeal for the preservation of social unity, excluded

every individual and family right; the former, on the contrary, has

amalgamated the interests of the individual with those of families

and society, so that they neither destroy nor embarrass each other.

Thus, besides the sphere within which the action of the civil power

is properly confined, there are others into which it has no right to

enter, and in which individuals and families live without clashing with

the colossal force of the government.

It is just to observe here, that Catholicity has done much for the

maintenance of this principle, which is a strong guarantee of the

liberty of the people. The separation of the two powers temporal and

spiritual, the independence of the latter with respect to the former,

the distinction of the persons in whom it is vested: such has been one

of the principal causes of this liberty, which, under different forms

of government, is the common inheritance of European nations. Ever

since the foundation of the Church, this principle of the independence

of the spiritual power has at all times served, by the mere fact of its

existence, to remind men that the rights of civil power are limited,

that there are things beyond its province, cases in which a man may

say, and ought to say, _I will not obey_.

This is another of those cases in which Protestantism has given a wrong

direction to the civilisation of Europe, and in which, far from opening

the way to liberty, it has riveted the chains of slavery. Its first

step was the abolition of the Pontifical authority, the overthrow of

the hierarchy, the refusal to grant to the Church any kind of power

whatever, and the placing of spiritual supremacy in the hands of

princes; that is to say, it has retrograded towards pagan civilisation,

in which we find the sceptre united with the pontificate. The grand

political problem was precisely the separation of these two powers, in

order to save society from subjection to one sole unlimited authority,

exercising its faculties without restraint, and from which might

consequently be expected vexation and oppression. This separation was

effected without any political views, any fixed design on the part of

men, wherever Catholicity was established; for her discipline required

and her dogmas inculcated it. Is it not strange that the advocates of

theories of equilibrium and counterpoise, who have so loudly extolled

the utility of separating powers, and of dividing authority among them

with a view to prevent it from being converted into tyranny, should

not have noticed the profound wisdom of this Catholic doctrine, even

when considered merely in a social and political point of view? But no;

it is remarkable, on the contrary, that all modern revolutions have

manifested a decided tendency towards the amalgamation of the civil

and ecclesiastical powers--a convincing proof that these revolutions

have proceeded from an origin contrary to the generative principle

of European civilisation, and that instead of guiding it towards

perfection, they have rather served to lead it astray. The union of

Church and State in England, under the reigns of Henry VIII. and

Elizabeth, produced the most cruel despotism; and if that country at a

later period acquired a higher degree of liberty, it was not assuredly

owing to that religious authority given by Protestantism to the head of

the state, but in spite of it. It is worthy of remark, that in later

times, when England entered upon a more extensive sphere of liberty,

it was owing to the diminution of the civil power on all matters

appertaining to religion, and to a greater development of Catholicity,

opposed in its very principles to this monstrous supremacy. In the

North of Europe, where the Protestant system has also prevailed, civil

authority has been unlimited; and even at the present time, we find the

Emperor of Russia indulging in the most barbarous persecutions against

Catholics; more distrustful of those who defend the independence of

spiritual power, than of the revolutionary clubs. The autocrat is

devoured with a thirst for unlimited authority, and a decided instinct

urges him to attack in particular the Catholic religion, which forms

his principal obstacle.

It is remarkable with what uniformity all power, in this respect,

tends to despotism, whether under a revolutionary or monarchical form.

Impatient of the restraint laid upon him by the spiritual power, Louis

XIV. attempted to crush the power of Rome. He was urged to it by the

same motives as the Constituent Assembly; the monarch rested his

cause upon the rights of royalty, and the liberties of the Gallican

Church--the Constituent Assembly invoked the rights of the nation,

and the principles of philosophy; but in the main they were actuated

by one and the same motive, that of ascertaining whether or not civil

power should be restricted: in the former case, it was monarchy tending

to despotism; in the latter, democracy advancing to the terrors

of the Convention. When Napoleon wished to bruise the head of the

revolutionary hydra, to reorganize society, to create a power, he made

use of religion as the most potent element. Catholicity was the only

predominating religion in France; to this he had recourse, and signed

the _Concordat_. But, observe, that no sooner did he imagine his work

of reparation complete, and the critical moment of the establishment of

his power passed, than he began to think of extending it, of freeing

himself from all restraint. He began to look upon that pontiff, whose

presence at his coronation had so much gratified him, with a more

supercilious eye. At first he had some serious disputes with him, and

ended by becoming his most inveterate enemy.

These observations, to which I invite the attention of every reflecting

mind, acquire more importance from the consideration of what has taken

place in our own religious and most Catholic monarchy. In spite of

the preponderating influence of the Catholic religion in Spain, the

principle of resistance to the court of Rome has ever been preserved

in a particular and remarkable manner; thus, whilst the Austrian

dynasty and the Bourbons endeavoured to lay aside our old laws, so

far as they were favourable to political liberty, they preserved as a

sacred deposit the traditional resistance of Ferdinand the Catholic,

of Charles V., and of Philip II. The deep root which Catholicity had

taken in Spain doubtless prevented matters from being carried to

extremes; but it is no less true that the germ existed, and was handed

down from generation to generation, as if its complete development

was expected at some more favourable period. This fact was placed in

peculiarly strong relief at the time of the Bourbon accession, when

the monarchy of Louis XIV. was introduced amongst us, and the last

vestiges of the ancient liberties of Castile, Aragon, Valencia, and

Catalonia disappeared; the mania for kingly rights was at its height in

the reigns of Charles III. and Charles IV. Strange coincidence! The

epoch in which the greatest jealousy was entertained against the Court

of Rome and the independence of Church authority, was exactly that in

which ministerial despotism was in its greatest force, and in which

there was seen something still worse--the despotism of a favorite,

with all its pitiful show. True, the ideas of the French schools were

at that time influencing Spain; and of this neither the King, nor,

probably, some of his ministers, were aware: but this does not militate

against the reflections we are making; on the contrary, it comes in

support of them, by showing their applicability to circumstances quite

dissimilar, and consequently their soundness and importance. The

object here aimed at was the overthrow of the established authority,

to make way for another equally unlimited; to effect this, it was

necessary to urge on the former to abuse its prerogatives, and, at the

same time, to establish precedents to fall back upon, so soon as the

revolution should have displaced the absolute monarchy. What important

reflections are here presented to us! What strange analogies rise to

view between circumstances apparently most antagonistic! In our times,

we have seen bishops brought to trial from the same motives that were

alleged in a celebrated cause in the reign of Charles III.; and the

_Supreme Tribunals_ of our own days have heard from the lips of their

_fiscals_[B] the same doctrines formerly propounded by those of the

_Council_. Thus do doctrines meet, and thus, by different ways, do

we arrive at the same end. According to the ancient _fiscals_, the

authority of the king was every thing; the rights of the crown, like

the ark of old, were held so sacred, that to touch, or even to look

upon them, was accounted a sacrilege. Well, the ancient monarchy has

disappeared--the throne is no longer any thing more than a shadow

of what it once was--the Revolution has triumphed over it; and yet,

despite a change so profound, it is not long since a _fiscal_ of the

Supreme Tribunal, charging a bishop with an offence against the rights

of the civil power, made use of these words: "In the state, a leaf

cannot be plucked without the permission of government." These words

need no comment; the writer of these lines heard them uttered; and this

plain, unequivocal declaration of arbitrary power seemed to him to

throw a new ray of light upon history.

[B] Crown attorneys, charged with the prosecution of criminal and other

causes.

The gravity and importance of this subject required this digression;

it was incumbent on me to show how far the Catholic principle of the

independence of spiritual power may serve the cause of true liberty.

This principle, in fact, eminently teaches that the faculties of civil

power are limited, and it is, consequently, a perpetual condemnation

of despotism. To revert to the original question. It remains, then,

established, that we are to be subject to the civil power so long as it

does not go beyond its proper limits; but that the Catholic doctrine

never enjoins obedience when civil power oversteps the limits of its

faculties.

It will not be uninteresting to the reader to learn how the principle

of obedience was understood by one of the most illustrious interpreters

of Catholic doctrine--by the holy Doctor so often cited. According

to him, whenever laws are unjust (and observe, that, in his opinion,

they may be so in many ways), they are not binding on conscience,

unless for fear of creating scandal, or causing greater evils; that is

to say, that, in certain cases, an unjust law may become obligatory,

not by virtue of any duty which it imposes, but from motives of

prudence. These are his words, to which I crave the reader's particular

attention: "Laws are unjust in two ways; either because they are

opposed to the common weal; or on account of their aim, as is the case

when a government imposes upon its subjects onerous laws, not for the

good of the commonweal, but for the sake of self-interest or ambition;

or on account of their author, as when any one makes a law without

being invested with proper faculties; again, they may be unjust in

form, as when the taxes are unequally divided among the multitude,

although in other respects tending to the public good. Such laws are

rather outrages than laws; since, as St. Augustin observes (lib. i. _de

Lib. Arb._ cap. 5), 'An unjust law does not appear to be a law.' Such

laws, therefore, are not binding in conscience, unless, perhaps, for

the avoiding of scandal and trouble--a motive which ought to induce man

to give up his right, as St. Matthew observes: 'And whosoever shall

force thee to go one mile, go with him other two; and if any man will

go to law with thee, and take away thy coat, let him have thy cloak

also.' Laws may also be unjust in another point of view, when they are

contrary to the will of God; as the laws of tyrants enforcing idolatry,

or anything else contrary to divine law. With respect to such laws, it

is not allowable, under any circumstances, to obey them; for, as it is

said in the Acts of the Apostles, 'We must obey God rather than man.'"

"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; vel etiam ex

auctore, sicut cum aliquis legem fert ultra sibi commissam potestatem;

vel etiam ex forma cum inæqualiter onera multitudinis dispensantur,

etiamsi ordinentur ad bonum commune; et hujusmodi magis sunt violentiæ

quam leges, quia sicut Augustinus dicit (lib. i. _de Lib. Arb._ cap.

5, parum a princ.) lex esse non videtur quæ justa non fuerit, unde

tales leges in foro conscientiæ non obligant, nisi forte propter

vitandum scandalum vel turbationem, propter quod etiam homo juri suo

cedere debet secundum illud Math. cap. v. 'Qui te angariaverit mille

passus, vade cum eo alia duo, et qui abstulerit tibi tunicam da ei et

pallium.' Alio modo leges possunt esse injustæ per contrarietatem ad

bonum divinum, sicut leges tyrannorum inducentes ad idololatriam, vel

ad quodcumque aliud quod sit contra legem divinam, et tales leges nullo

modo licet observare, quia sicut dicitur Act. cap. v.: 'Obedire oportet

Deo magis quam hominibus.'" (_D. Th._ 1, 2, quæst. 90, art. 1.)

This doctrine furnishes us with the following rules:

1. We cannot, under any circumstances, obey the civil power when its

commands are opposed to the divine law.

2. When laws are unjust, they are not binding in conscience.

3. It may become necessary to obey these laws from motives of prudence;

that is, in order to avoid scandal and commotions.

4. Laws are unjust from some one of the following causes:

When they are opposed to the common weal--when their aim is not the

good of the commonweal--when the legislator outsteps the limits of his

faculties--when, although in other respects tending to the good of

the commonweal, and proceeding from competent authority, they do not

observe suitable equity; for instance, when they divide unequally the

public imposts.

We have quoted and copied the venerable text whence these rules are

derived: their illustrious author has been the guide of all the

theological schools during the last six centuries; his authority has

never been called in question in these schools on points of dogma or

morality; these rules may, therefore, be regarded as the recapitulation

of the doctrines of Catholic theologians with reference to the

obedience due to authority. We may now, without doubt, appeal with

entire confidence to every man of good sense. Let him judge whether

these doctrines are in the least inclined to despotism, whether they

have the least tendency to tyranny, in fine, whether they aim the

slightest blow at liberty. It is vain to seek in them the slightest

appearance of flattery to the civil power, whose limits are marked out

with rigorous severity; if it outsteps them, it is openly told, "Thy

laws are not laws, but outrages; they are not binding in conscience;

and if, in some instances, thou art obeyed, it is not owing to any

obligation, but to prudence, in order to avoid scandal and commotion;

it is thenceforth such a dishonor to thee, that thy triumph, far from

entitling thee to renown, assimilates thee to the robber who despoils

the peaceable man of his garment, and to whom the latter, for the

sake of peace, gives up his cloak also." If these are doctrines of

oppression and despotism, we also are advocates for such oppression and

despotism; for we cannot conceive doctrines more favorable to liberty.

Upon these principles the admirable institution of European monarchy

was founded. This teaching has created the moral defences by which that

monarchy is surrounded; defences restraining it within the limits of

its duties, even where political guarantees do not exist. The mind,

wearied with foolish declamations against the _tyranny of kings_, and,

on the other hand, not less tired of the boisterous adulations lavished

upon power in modern times, expands and rejoices on meeting with this

pure, disinterested, and sincere expression of the rights and duties of

governments and of people, on hearing this language, impressed with as

much of wisdom as of upright intention and generous freedom. What books

were consulted by men making use of such language? The Scriptures, the

Fathers, the collections of ecclesiastical documents. Could they have

received their inspirations from the society which surrounded them? No;

for in that same society disorder and confusion prevailed; sometimes a

turbulent disobedience, at others despotism was predominant. And yet

they speak with as much discretion, tact, and calmness as if they were

living in the midst of well-regulated society. They were guided by

divine revelation, which taught them truth. How often did they see it

forgotten and trampled under foot! But uninfluenced by circumstances,

however unfavorable, they wrote in a region far above the atmosphere of

human passions. Truth is of all times; proclaim it ever, and God will

effect the rest.[31]

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