It is shown that the Right over matters Spiritual lies wholly with the Sovereign, and that the outward forms of Religion should be in accordance with Public Peace, if we would obey God aright.
When I said that the possessors of sovereign power have rights over everything, and that all rights are dependent on their decree, I did not merely mean temporal rights, but also spiritual rights; of the latter, no less than the former, they ought to be the interpreters and the champions. I wish to draw special attention to this point, and to discuss it fully in this chapter, because many persons deny that the right of deciding religious questions belongs to the sovereign power, and refuse to acknowledge it as the interpreter of Divine right. They accordingly assume full licence to accuse and arraign it, nay, even to excommunicate it from the Church, as Ambrosius treated the Emperor Theodosius in old time. However, I will show later on in this chapter that they take this means of dividing the government, and paving the way to their own ascendancy. I wish, however, first to point out that religion acquires its force as law solely from the decrees of the sovereign. God has no special kingdom among men except in so far as He reigns through temporal rulers. Moreover, the rites of religion and the outward observances of piety should be in accordance with the public peace and well-being, and should therefore be determined by the sovereign power alone. I speak here only of the outward observances of piety and the external rites of religion, not of piety, itself, nor of the inward worship of God, nor the means by which the mind is inwardly led to do homage to God in singleness of heart.
Inward worship of God and piety in itself are within the sphere of everyone’s private rights, and cannot be alienated (as I showed at the end of Chapter VII.). What I here mean by the kingdom of God is, I think, sufficiently clear from what has been said in Chapter XIV. I there showed that a man best fulfils Gods law who worships Him, according to His command, through acts of justice and charity; it follows, therefore, that wherever justice and charity have the force of law and ordinance, there is God’s kingdom.
I recognize no difference between the cases where God teaches and commands the practice of justice and charity through our natural faculties, and those where He makes special revelations; nor is the form of the revelation of importance so long as such practice is revealed and becomes a sovereign and supreme law to men. If, therefore, I show that justice and charity can only acquire the force of right and law through the rights of rulers, I shall be able readily to arrive at the conclusion (seeing that the rights of rulers are in the possession of the sovereign), that religion can only acquire the force of right by means of those who have the right to command, and that God only rules among men through the instrumentality of earthly potentates. It follows from what has been said, that the practice of justice and charity only acquires the force of law through the rights of the sovereign authority; for we showed in Chapter XVI. that in the state of nature reason has no more rights than desire, but that men living either by the laws of the former or the laws of the latter, possess rights co-extensive with their powers.
For this reason we could not conceive sin to exist in the state of nature, nor imagine God as a judge punishing man’s transgressions; but we supposed all things to happen according to the general laws of universal nature, there being no difference between pious and impious, between him that was pure (as Solomon says) and him that was impure, because there was no possibility either of justice or charity.
In order that the true doctrines of reason, that is (as we showed in Chapter IV.), the true Divine doctrines might obtain absolutely the force of law and right, it was necessary that each individual should cede his natural right, and transfer it either to society as a whole, or to a certain body of men, or to one man. Then, and not till then, does it first dawn upon us what is justice and what is injustice, what is equity and what is iniquity.
Justice, therefore, and absolutely all the precepts of reason, including love towards one’s neighbour, receive the force of laws and ordinances solely through the rights of dominion, that is (as we showed in the same chapter) solely on the decree of those who possess the right to rule. Inasmuch as the kingdom of God consists entirely in rights applied to justice and charity or to true religion, it follows that (as we asserted) the kingdom of God can only exist among men through the means of the sovereign powers; nor does it make any difference whether religion be apprehended by our natural faculties or by revelation: the argument is sound in both cases, inasmuch as religion is one and the same, and is equally revealed by God, whatever be the manner in which it becomes known to men.
Thus, in order that the religion revealed by the prophets might have the force of law among the Jews, it was necessary that every man of them should yield up his natural right, and that all should, with one accord, agree that they would only obey such commands as God should reveal to them through the prophets. Just as we have shown to take place in a democracy, where men with one consent agree to live according to the dictates of reason. Although the Hebrews furthermore transferred their right to God, they were able to do so rather in theory than in practice, for, as a matter of fact (as we pointed out above) they absolutely retained the right of dominion till they transferred it to Moses, who in his turn became absolute king, so that it was only through him that God reigned over the Hebrews. For this reason (namely, that religion only acquires the force of law by means of the sovereign power) Moses was not able to punish those who, before the covenant, and consequently while still in possession of their rights, violated the Sabbath (Exod. xvi:27), but was able to do so after the covenant (Numb. xv:36), because everyone had then yielded up his natural rights, and the ordinance of the Sabbath had received the force of law.
Lastly, for the same reason, after the destruction of the Hebrew dominion, revealed religion ceased to have the force of law; for we cannot doubt that as soon as the Jews transferred their right to the king of Babylon, the kingdom of God and the Divine right forthwith ceased. For the covenant wherewith they promised to obey all the utterances of God was abrogated; God’s kingdom, which was based thereupon, also ceased. The Hebrews could no longer abide thereby, inasmuch as their rights no longer belonged to them but to the king of Babylon, whom (as we showed in Chapter XVI.) they were bound to obey in all things. Jeremiah (chap. xxix:7) expressly admonishes them of this fact: “And seek the peace of the city, whither I have caused you to be carried away captives, and pray unto the Lord for it; for in the peace thereof shall ye have peace.” Now, they could not seek the peace of the City as having a share in its government, but only as slaves, being, as they were, captives; by obedience in all things, with a view to avoiding seditions, and by observing all the laws of the country, however different from their own. It is thus abundantly evident that religion among the Hebrews only acquired the form of law through the right of the sovereign rule; when that rule was destroyed, it could no longer be received as the law of a particular kingdom, but only as the universal precept of reason. I say of reason, for the universal religion had not yet become known by revelation. We may therefore draw the general conclusion that religion, whether revealed through our natural faculties or through prophets, receives the force of a command solely through the decrees of the holders of sovereign power; and, further, that God has no special kingdom among men, except in so far as He reigns through earthly potentates.
We may now see in a clearer light what was stated in Chapter IV., namely, that all the decrees of God involve eternal truth and necessity, so that we cannot conceive God as a prince or legislator giving laws to mankind. For this reason the Divine precepts, whether revealed through our natural faculties, or through prophets, do not receive immediately from God the force of a command, but only from those, or through the mediation of those, who possess the right of ruling and legislating. It is only through these latter means that God rules among men, and directs human affairs with justice and equity.
This conclusion is supported by experience, for we find traces of Divine justice only in places where just men bear sway; elsewhere the same lot (to repeat, again Solomon’s words) befalls the just and the unjust, the pure and the impure: a state of things which causes Divine Providence to be doubted by many who think that God immediately reigns among men, and directs all nature for their benefit.
As, then, both reason and experience tell us that the Divine right is entirely dependent on the decrees of secular rulers, it follows that secular rulers are its proper interpreters. How this is so we shall now see, for it is time to show that the outward observances of religion, and all the external practices of piety should be brought into accordance with the public peace and well-being if we would obey God rightly. When this has been shown we shall easily understand how the sovereign rulers are the proper interpreters of religion and piety.
It is certain that duties towards one’s country are the highest that man can fulfil; for, if government be taken away, no good thing can last, all falls into dispute, anger and anarchy reign unchecked amid universal fear. Consequently there can be no duty towards our neighbour which would not become an offence if it involved injury to the whole state, nor can there be any offence against our duty towards our neighbour, or anything but loyalty in what we do for the sake of preserving the state. For instance: it is in the abstract my duty when my neighbour quarrels with me and wishes to take my cloak, to give him my coat also; but if it be thought that such conduct is hurtful to the maintenance of the state, I ought to bring him to trial, even at the risk of his being condemned to death.
For this reason Manlius Torquatus is held up to honour, inasmuch as the public welfare outweighed with him his duty towards his children. This being so, it follows that the public welfare is the sovereign law to which all others, Divine and human, should be made to conform. Now, it is the function of the sovereign only to decide what is necessary for the public welfare and the safety of the state, and to give orders accordingly; therefore it is also the function of the sovereign only to decide the limits of our duty towards our neighbour — in other words, to determine how we should obey God. We can now clearly understand how the sovereign is the interpreter of religion, and further, that no one can obey God rightly, if the practices of his piety do not conform to the public welfare; or, consequently, if he does not implicitly obey all the commands of the sovereign. For as by God’s command we are bound to do our duty to all men without exception, and to do no man an injury, we are also bound not to help one man at another’s loss, still less at a loss to the whole state. Now, no private citizen can know what is good for the state, except he learn it through the sovereign power, who alone has the right to transact public business: therefore no one can rightly practise piety or obedience to God, unless he obey the sovereign power’s commands in all things. This proposition is confirmed by the facts of experience. For if the sovereign adjudge a man to be worthy of death or an enemy, whether he be a citizen or a foreigner, a private individual or a separate ruler, no subject is allowed to give him assistance. So also though the Jews were bidden to love their fellow-citizens as themselves (Levit. xix:17, 18), they were nevertheless bound, if a man offended against the law, to point him out to the judge (Levit. v:1, and Deut. xiii:8, 9), and, if he should be condemned to death, to slay him (Deut. xvii:7).
Further, in order that the Hebrews might preserve the liberty they had gained, and might retain absolute sway over the territory they had conquered, it was necessary, as we showed in Chapter XVII., that their religion should be adapted to their particular government, and that they should separate themselves from the rest of the nations: wherefore it was commanded to them, “Love thy neighbour and hate thine enemy” (Matt. v:43), but after they had lost their dominion and had gone into captivity in Babylon, Jeremiah bid them take thought for the safety of the state into which they had been led captive; and Christ when He saw that they would be spread over the whole world, told them to do their duty by all men without exception; all of which instances show that religion has always been made to conform to the public welfare. Perhaps someone will ask: By what right, then, did the disciples of Christ, being private citizens, preach a new religion? I answer that they did so by the right of the power which they had received from Christ against unclean spirits (see Matt. x:1). I have already stated in Chapter XVI. that all are bound to obey a tyrant, unless they have received from God through undoubted revelation a promise of aid against him; so let no one take example from the Apostles unless he too has the power of working miracles. The point is brought out more clearly by Christ’s command to His disciples, “Fear not those who kill the body” (Matt. x:28). If this command were imposed on everyone, governments would be founded in vain, and Solomon’s words (Prov. xxiv:21), “My son, fear God and the king,” would be impious, which they certainly are not; we must therefore admit that the authority which Christ gave to His disciples was given to them only, and must not be taken as an example for others.
I do not pause to consider the arguments of those who wish to separate secular rights from spiritual rights, placing the former under the control of the sovereign, and the latter under the control of the universal Church; such pretensions are too frivolous to merit refutation. I cannot however, pass over in silence the fact that such persons are woefully deceived when they seek to support their seditious opinions (I ask pardon for the somewhat harsh epithet) by the example of the Jewish high priest, who, in ancient times, had the right of administering the sacred offices. Did not the high priests receive their right by the decree of Moses (who, as I have shown, retained the sole right to rule), and could they not by the same means be deprived of it? Moses himself chose not only Aaron, but also his son Eleazar, and his grandson Phineas, and bestowed on them the right of administering the office of high priest. This right was retained by the high priests afterwards, but none the less were they delegates of Moses — that is, of the sovereign power. Moses, as we have shown, left no successor to his dominion, but so distributed his prerogatives, that those who came after him seemed, as it were, regents who administer the government when a king is absent but not dead.
In the second commonwealth the high priests held their right absolutely, after they had obtained the rights of principality in addition. Wherefore the rights of the high priesthood always depended on the edict of the sovereign, and the high priests did not possess them till they became sovereigns also. Rights in matters spiritual always remained under the control of the kings absolutely (as I will show at the end of this chapter), except in the single particular that they were not allowed to administer in person the sacred duties in the Temple, inasmuch as they were not of the family of Aaron, and were therefore considered unclean, a reservation which would have no force in a Christian community.
We cannot, therefore, doubt that the daily sacred rites (whose performance does not require a particular genealogy but only a special mode of life, and from which the holders of sovereign power are not excluded as unclean) are under the sole control of the sovereign power; no one, save by the authority or concession of such sovereign, has the right or power of administering them, of choosing others to administer them, of defining or strengthening the foundations of the Church and her doctrines; of judging on questions of morality or acts of piety; of receiving anyone into the Church or excommunicating him therefrom, or, lastly, of providing for the poor.
These doctrines are proved to be not only true (as we have already pointed out), but also of primary necessity for the preservation of religion and the state. We all know what weight spiritual right and authority carries in the popular mind: how everyone hangs on the lips, as it were, of those who possess it. We may even say that those who wield such authority have the most complete sway over the popular mind.
Whosoever, therefore, wishes to take this right away from the sovereign power, is desirous of dividing the dominion; from such division, contentions, and strife will necessarily spring up, as they did of old between the Jewish kings and high priests, and will defy all attempts to allay them. Nay, further, he who strives to deprive the sovereign power of such authority, is aiming (as we have said), at gaining dominion for himself. What is left for the sovereign power to decide on, if this right be denied him? Certainly nothing concerning either war or peace, if he has to ask another man’s opinion as to whether what he believes to be beneficial would be pious or impious. Everything would depend on the verdict of him who had the right of deciding and judging what was pious or impious, right or wrong.
When such a right was bestowed on the Pope of Rome absolutely, he gradually acquired complete control over the kings, till at last he himself mounted to the summits of dominion; however much monarchs, and especially the German emperors, strove to curtail his authority, were it only by a hairsbreadth, they effected nothing, but on the contrary by their very endeavours largely increased it. That which no monarch could accomplish with fire and sword, ecclesiastics could bring about with a stroke of the pen; whereby we may easily see the force and power at the command of the Church, and also how necessary it is for sovereigns to reserve such prerogatives for themselves.
If we reflect on what was said in the last chapter we shall see that such reservation conduced not a little to the increase of religion and piety; for we observed that the prophets themselves, though gifted with Divine efficacy, being merely private citizens, rather irritated than reformed the people by their freedom of warning, reproof, and denunciation, whereas the kings by warnings and punishments easily bent men to their will. Furthermore, the kings themselves, not possessing the right in question absolutely, very often fell away from religion and took with them nearly the whole people. The same thing has often happened from the same cause in Christian states.
Perhaps I shall be asked, “But if the holders of sovereign power choose to be wicked, who will be the rightful champion of piety? Should the sovereigns still be its interpreters? “I meet them with the counter-question, “But if ecclesiastics (who are also human, and private citizens, and who ought to mind only their own affairs), or if others whom it is proposed to entrust with spiritual authority, choose to be wicked, should they still be considered as piety’s rightful interpreters?” It is quite certain that when sovereigns wish to follow their own pleasure, whether they have control over spiritual matters or not, the whole state, spiritual and secular, will go to ruin, and it will go much faster if private citizens seditiously assume the championship of the Divine rights.
Thus we see that not only is nothing gained by denying such rights to sovereigns, but on the contrary, great evil ensues. For (as happened with the Jewish kings who did not possess such rights absolutely) rulers are thus driven into wickedness, and the injury and loss to the state become certain and inevitable, instead of uncertain and possible. Whether we look to the abstract truth, or the security of states, or the increase of piety, we are compelled to maintain that the Divine right, or the right of control over spiritual matters, depends absolutely on the decree of the sovereign, who is its legitimate interpreter and champion. Therefore the true ministers of God’s word are those who teach piety to the people in obedience to the authority of the sovereign rulers by whose decree it has been brought into conformity with the public welfare.
There remains for me to point out the cause for the frequent disputes on the subject of these spiritual rights in Christian states; whereas the Hebrews, so far as I know, never, had any doubts about the matter. It seems monstrous that a question so plain and vitally important should thus have remained undecided, and that the secular rulers could never obtain the prerogative without controversy, nay, nor without great danger of sedition and injury to religion. If no cause for this state of things were forthcoming, I could easily persuade myself that all I have said in this chapter is mere theorizing, or akind of speculative reasoning which can never be of any practical use. However, when we reflect on the beginnings of Christianity the cause at once becomes manifest. The Christian religion was not taught at first by kings, but by private persons, who, against the wishes of those in power, whose subjects they, were, were for a long time accustomed to hold meetings in secret churches, to institute and perform sacred rites, and on their own authority to settle and decide on their affairs without regard to the state, When, after the lapse of many years, the religion was taken up by the authorities, the ecclesiastics were obliged to teach it to the emperors themselves as they had defined it: wherefore they easily gained recognition as its teachers and interpreters, and the church pastors were looked upon as vicars of God. The ecclesiastics took good care that the Christian kings should not assume their authority, by prohibiting marriage to the chief ministers of religion and to its highest interpreter. They furthermore elected their purpose by multiplying the dogmas of religion to such an extent and so blending them with philosophy that their chief interpreter was bound to be a skilled philosopher and theologian, and to have leisure for a host of idle speculations: conditions which could only be fulfilled by a private individual with much time on his hands.
Among the Hebrews things were very differently arranged: for their Church began at the same time as their dominion, and Moses, their absolute ruler, taught religion to the people, arranged their sacred rites, and chose their spiritual ministers. Thus the royal authority carried very great weight with the people, and the kings kept a firm hold on their spiritual prerogatives.
Although, after the death of Moses, no one held absolute sway, yet the power of deciding both in matters spiritual and matters temporal was in the hands of the secular chief, as I have already pointed out. Further, in order that it might be taught religion and piety, the people was bound to consult the supreme judge no less than the high priest (Deut. xvii:9, 11). Lastly, though the kings had not as much power as Moses, nearly the whole arrangement and choice of the sacred ministry depended on their decision. Thus David arranged the whole service of the Temple (see 1 Chron. xxviii:11, 12, &c.); from all the Levites he chose twenty-four thousand for the sacred psalms; six thousand of these formed the body from which were chosen the judges and proctors, four thousand were porters, and four thousand to play on instruments (see 1 Chron. xxiii:4, 5). He further divided them into companies (of whom he chose the chiefs), so that each in rotation, at the allotted time, might perform the sacred rites. The priests he also divided into as many companies; I will not go through the whole catalogue, but refer the reader to 2 Chron. viii:13, where it is stated, “Then Solomon offered burnt offerings to the Lord . . . . . after a certain rate every day, offering according to the commandments of Moses;” and in verse 14, “And he appointed, according to the order of David his father, the courses of the priests to their service . . . . . . for so had David the man of God commanded.” Lastly, the historian bears witness in verse 15: “And they departed not from the commandment of the king unto the priests and Levites concerning any matter, or concerning the treasuries.”
From these and other histories of the kings it is abundantly evident, that the whole practice of religion and the sacred ministry depended entirely on the commands of the king.
When I said above that the kings had not the same right as Moses to elect the high priest, to consult God without intermediaries, and to condemn the prophets who prophesied during their reign; I said so simply because the prophets could, in virtue of their mission, choose a new king and give absolution for regicide, not because they could call a king who offended against the law to judgment, or could rightly act against him 33.
Wherefore if there had been no prophets who, in virtue of a special revelation, could give absolution for regicide, the kings would have possessed absolute rights over all matters both spiritual and temporal. Consequently the rulers of modern times, who have no prophets and would not rightly be bound in any case to receive them (for they are not subject to Jewish law), have absolute possession of the spiritual prerogative, although they are not celibates, and they will always retain it, if they will refuse to allow religious dogmas to be unduly multiplied or confounded with philosophy.
33 I must here bespeak special attention for what was said in Chap. XVI. concerning rights.
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