BOOK I. CHAP. 8.

"We have now to answer the contrary objections. We maintain that neither the divine nor the natural law has given to states the power of arresting the progress of tyranny by means so violent as that of shedding the blood of princes, they being the vicars of God, divinely invested with the right of life and death over other men. But so far as resisting their cruelty is concerned, it is incontestable that it may and ought to be done. They are not to be obeyed in any thing opposed to the law of God; we must, therefore, escape from their wicked commands, and prevent their blows, as Jonathan did with regard to Saul, his father, when he saw him take his spear to smite David, and when, rising from the table, he went in search of the latter, and warned him of his danger. It is also sometimes allowable to resist princes by force of arms, in order to prevent them from executing notoriously rash and cruel determinations; for, according to the words of St. Thomas, this is not to excite sedition, but to stop and prevent it. Tertullian affirms the same thing when he says: 'Illis nomen factionis accommodandum est, qui in odium bonorum et proborum conspirant, cum boni, cum pii congregantur, non est factio dicenda, sed curia.'

"This is the reason why the blessed St. Hermenegildus, a glorious Spanish martyr, took up arms and entered the field against King Leovigildus, an Arian, to resist the great persecution directed by this prince against the Catholics. This fact is related by the contemporary historians. True, St. Gregory of Tours condemns this act of our king-martyr, not for having resisted his sovereign, but because the former was both his king and his father: and he maintains that although he was a heretic, his son ought not to have resisted him. This reply, however, is not well founded, as Baronius observes. Moreover, the authority of this Gregory was combated by another Gregory, greater than he, St. Gregory the Great, who, in the preface to his book of _Morales_, approves of the embassy of Leander, sent to Constantinople by St. Hermenegildus, to solicit the aid of Tiberius against Leovigildus, his father. It is indubitable that however strong may be the obligation of filial piety, that of religion is still stronger. The latter obliges us to sacrifice every thing if it be necessary; and it is on account of cases of this nature, that it is written of the tribe of Levi: 'Qui dixerunt patri suo et matri suæ, nescio vos, et fratribus suis ignoro vos, nescierunt filios suos.' Such was the conduct of the Levites when they took up arms, by the command of Moses, to punish their relations for the sin of idolatry.

"If the prince should go so far as personally to make an attempt upon the life of the subject who has no other means of defending himself than killing him,--as when Nero, parading the streets of Rome, followed by a troop of armed men, attacked the quiet and unsuspecting citizens; I say, that in such a case it would be allowable to kill him; for if it is true, as Fr. Dominic de Soto observes, that the subject in this extremity is to suffer himself to be killed, and so prefer the monarch's life to his own, it is solely in the case when the death of the monarch would give rise to great troubles and civil wars in the state; in any other case it would be monstrously inhuman to force men to a thing so insupportable. But when the subject's property is merely to be defended against the cupidity of the monarch, it should not be allowable to lay hands on him; for it is a privilege granted to princes by divine and human laws, that their blood shall not be spilt for any outrage which, committed by any other violator of private property, would be a sufficient motive for taking away his life. The reason of this is, that the life of the king is the soul and bond of the state; that it is of more importance than the property of individuals; that it is better to tolerate grievances of this nature, than to destroy the head of the state."

NOTE 34, p. 348.

In order to give an idea of the means employed at this epoch to limit the power of the monarch, by forming associations, whether among the people themselves, or between the people, the grandees, and the clergy, I insert here the letter, or _Charter of Fraternity_ (_Hermandad_), which the kingdoms of Leon and Galicia made with Castile. I have extracted this piece literally from the collection intituled _Bullarium ordinis militiæ sancti Jacobi Gloriosissimi Hispaniarum patroni_, p. 223. It will prove to us the existence already, at a remote epoch of our history, of a lively instinct for liberty, although ideas were still limited to a secondary order.

"1. In the name of God and of the blessed Virgin. Amen.

"Be it known to all those who shall read this letter, that on account of the innumerable acts of injustice, injuries, deeds of violence, murders, imprisonments, insolent refusals of audience, opprobriums, and other outrages without measure, committed against us by the king D. Alphonso, to the contempt of God, of justice, of right, and to the great detriment of all these kingdoms; we, the infantes, the prelates, the rich men, the councils, the orders, the knights of the kingdoms of Leon and Galicia, seeing ourselves overwhelmed with injustice and ill-treatment, as we have stated above, and finding it insupportable; our lord the infante Don Sancho has thought good and appointed that we should be of one mind and of one heart, he with us and we with him, to maintain our laws, our privileges, and our charters, in our usages, our manners, our liberties, and franchises, which we enjoyed under king Don Alphonso, his great-grandfather, the conqueror at the battle of Merida, and under king Don Ferdinand, his grandfather; under the emperor and all the other kings of Spain, their predecessors; and under the king Don Alphonso, his father,--all princes who have best merited our gratitude; and our said lord the infante Don Sancho has bound us to this effect by oath and promise, as it is certain by letters between him and us. Considering that it is agreeable to the service of God, of the blessed Virgin, of the court of Heaven, to the defence and honor of the holy Church, of the infante Don Sancho, and of the kings who shall succeed him, in fine, to the advantage of the whole country, we ordain and establish fraternity (_hermandad_), now and for ever, we the whole of the kingdoms above named, with the councils of the kingdom of Castile, with the infantes, the rich men, the hidalgos, the prelates, the orders, the knights, and all others who are in this kingdom, and who are willing to be with us, as it has just been said.

"2. Be it known to them, that we will insure to our lord the infante Don Sancho, and to all other kings who shall succeed him, all their rights, all their suzerainty, wholly and entirely, as we have promised, and as they are contained in the privilege which he has given us to this effect. Justice shall continue to be decreed by the suzerainty. The Martiniega[F] shall be paid in the place and in the manner in which it was customary to pay it, according to right, to Don Alphonso, the conqueror at the battle of Merida. The money[G] shall be paid at the end of seven years in the usual place and manner, the kings not enjoining the coining of money. The repast (_yantar_)[H] shall be taken in the place in which it was usual for the kings to take it, according to the _fuero_, once a year, while visiting the very place, as it was given to the king Don Alphonso, his great-grandfather, and to the king Don Ferdinand, his grandfather. The _fonsadera_,[I] when the king is with the army, in the customary place, according to the _fuero_ and right in the days of the above-named kings, guaranteeing to each the privileges, charters, liberties, and franchises appertaining to us.

[F] Tribute that was paid on St. Martin's day.

[G] Another tribute.

[H] A tribute for the king's repast during his journeys.

[I] Tribute for maintaining the ditches of the castles in Castile, and the armies.

"3. Be it known to them moreover, that we will maintain all our rights, usages, customs, privileges, charters, all our liberties and franchises, always and in such a manner, that should the king, the infante Don Sancho, or the kings who shall succeed them, or any of the lords, alcades, merinos, or any other persons, attempt to infringe upon them, in whole or in part, in any way or at any time, we will unite into one entire whole, and inform the king, the infante Don Sancho, or those who shall succeed them, of the nature of our complaint, and ask them if they are willing to reform; and if not, we will unite into one entire body to defend and protect ourselves, as it is ordained in the charter granted us by the infante Don Sancho.

"4. Moreover, be it known to them that no member of this _hermandad_ shall be chastised, and nothing shall be taken from him contrary to right and the custom of the place, in the councils of the said _hermandad_; and it shall not be allowable to take from him more than is demanded by the _fuero_, in the place in which he shall be.

"5. We protest, that if an alcade, a merino, or any other person, on the authority of a letter of the king, of the infante Don Sancho, by his command, or that of the kings who shall succeed him, shall kill a man of our _hermandad_ without hearing him and judging him according to law, that we, the _hermandad_, will take away his life for such an act. And if we cannot arrest him, he shall be declared an enemy to the _hermandad_; every member of the _hermandad_ who shall have concealed him shall fall under the penalty of perjury and felony, and shall be treated in his turn as an enemy to this _hermandad_.

"6. We declare, moreover, that the port-duties shall be paid by us only in conformity to the rights and usages of the times of Don Alphonso, or the king Don Ferdinand, and the councils of the _hermandad_ will not permit any person to receive them beyond this measure.

"7. Moreover, no infante or rich man shall be a merino or grand bailiff in the kingdoms of Leon and Galicia. Neither can these functions be exercised by an infançon, or a knight having notoriously a great number of knights or other men of the country in vassalage; neither can they be exercised by a stranger to the country. And we so will it, because such was the custom in the days of the king Don Alphonso and of the king Don Ferdinand.

"8. All those who may wish to appeal from the judgment of the king, or of Don Sancho, or of other kings who shall succeed him, may do so; they shall have recourse to the book of the _Fuero Juzgo_, in the kingdom of Leon, as was usual in the days of the kings who preceded this. That if the right of appeal be refused to any who may wish to invoke it, we, on our part, will act according to the injunctions contained in the charters granted us by Don Sancho.

"9. That we may guarantee and execute all the acts of this _hermandad_, we make a seal of two plates, bearing the following impressions: upon one of the plates, the figure of a lion; and upon the other, the figure of St. James on horseback, with a sword in his right hand; in his left, a standard with a cross at the top, and shells. The inscription shall be thus expressed: '_The Seal of the Hermandad of the Kingdoms of Leon and Galicia._' This seal shall be affixed to the documents which shall be required by this _hermandad_.

"10. We the whole _hermandad_ of Castile, make a promise and render homage to all the _hermandad_ of the kingdoms of Leon and Galicia, that we will assist each other well and loyally to keep and maintain every one of the above-named things. That if we fail to do so, we are traitors for this alone, like him who slays his lord or surrenders a castle; and may we never in that case have either hands, or tongues, or arms to protect ourselves.

"11. But lest there should be any doubt about the pact we are now making, in order that this pact may be for ever inviolate, we seal this letter with the two seals of the _hermandad_ of Castile, Leon, and Galicia, and place it in the hands of D. Pedro Nunez, and the Order of the Knights of St. John, who are united with us in this _hermandad_. Given at Valladolid, the 8th day of July, in the year one thousand three hundred and twenty."

Spain had passed through many centuries without knowing of any other religion than the Catholic. She still preserved in all its force and vigor, the idea that the king should be the first to observe the laws; that he could not rule the people according to his caprice; that he ought to govern by principles of justice and views of public expediency. Saavedra, in his _Devises_, thus expressed himself:--

"1st. Laws are vain when the prince who promulgates them does not confirm and uphold them by his own life and example. A law will appear lenient to the people when observed by its author.

"In commune jubes si quid, censesve tenendum, Primus jussa sibi, tunc observantior æqui Fit populus, nec ferre vetat, cum videri ipsum Auctorem parere sibi.

"The laws promulgated by Servius Tullius were not only intended for the people, but also for kings. The disputes between the monarch and his subjects were to be settled in conformity with these laws, as Tacitus relates of Tiberius: 'Although we are not subject to the laws,' said the emperors Severus and Antonius, 'let us conform our lives to these laws.' The monarch is bound by the law not merely from the fact of its being a law, but from the very reason upon which it is founded, when it is natural and common to all, and not particular and exclusively destined to the right government of subjects; for in this case the observance of the law merely concerns the subject, although the monarch, if it should so happen, is bound to obey it, in order to render it tolerable to others. Such appears to have been the meaning of the mysterious command given by God to Ezechiel, _to eat the volume_, that others seeing him the first to taste the laws and declare them good, might be induced to imitate him. The kings of Spain are so far subject to the laws, that the Treasury, in causes relating to the royal patrimony, is absolutely subject to the same laws as the least of his subjects; and in doubtful cases, the Treasury is condemned. Philip II. thus ordained it; and on an occasion in which his grandson Philip IV., the glorious father of V. A., was personally brought to judgment in an important trial of the Chamber, before the royal council, the judges had the noble determination to condemn him, and his majesty had the rectitude to hear the sentence without expressing any indignation. Happy empire, in which the cause of the monarch is always the least favored!"

NOTE 35, p. 356.

Sufficient attention has not perhaps been paid to the merit of the industrial organization introduced into Europe from the earliest ages, and which became more and more diffused after the twelfth century. I allude to the trades-unions, and other associations, which, established under the influence of the Catholic religion, commonly placed themselves under the patronage of some Saint, and had pious foundations for the celebration of their feasts, and for assisting each other in their necessities. Our celebrated Capmany, in his _Historical memoirs on the Marine, Commerce, and the Arts of the ancient City of Barcelona_, has published a collection of documents, very valuable for the history of the working classes and of the development of their influence on politics. Few works have appeared in foreign countries, in the latter part of the last century, of such great merit as that of our fellow-countryman, published in 1779. One very interesting chapter of this work is devoted to the institution of trades-corporations. I give here a copy of the chapter, which I particularly recommend to the perusal of those persons who imagine that nothing had been thought of in Europe for the benefit of the laboring classes, of those who are so foolish as to look upon that as a means of slavery and exclusivism, which was in reality a means of encouragement and of mutual support. It also appears to me that, by reading the philosophical remarks of Capmany, every sensible man will be convinced that Europe, from the earliest ages, has possessed systems adapted to the encouragement of industry, to the preservation of it from the fatal agitations of those times, to secure esteem for it, and to the legitimate and salutary development of the popular element. It will be no less useful to present this sketch to certain foreign writers, continually occupied with social and political economy, and who, nevertheless, in compiling the history of that science, have not even been acquainted with a work so important for every thing connected with the middle ages of Europe, from the eleventh to the eighteenth century.

_"Of the institution of the Trades-Corporations and other Associations of Artisans at Barcelona._

"No memoir has hitherto been discovered which might serve to enlighten and guide us in fixing the exact epoch of the institution of the trades-associations at Barcelona.[J] But according to all the conjectures furnished by ancient monuments, it is very probable that the political erection or formation of the bodies of laborers took place in the time of Don Jaime I., under whose glorious reign the arts were developed under a favorable influence; whilst commerce and navigation took a higher flight, owing to the expeditions of the Aragonese arms beyond the seas. Increased facilities in the means of transport have given an impetus to industry; and an increasing population, the natural result of labor, by its reaction upon labor, augmented the demand for it. At Barcelona, as every where else, trades-corporations naturally arose when the wants and the tastes of society had, of necessity, grown so multifarious, that artisans were forced, with a view to secure protection to their industry, to form themselves into communities. Luxury, and the tastes of society, like every other object of commerce, are subject to continual change; hence, new branches of trade are continually springing up and displacing others; so that at one period each separate art runs into various branches, whilst at another, several arts are combined into one. At Barcelona, corporate industry has passed through all these vicissitudes in the course of five centuries. The hardware trade has comprised at different periods eleven or twelve branches, and consequently afforded subsistence to as many classes of families, whilst at the present time these same branches are reduced to eight, in consequence of certain changes in fashions and customs.

[J] "It is extremely difficult to ascertain the origin of the trades-corporations, even in those towns which have been the longest and the best disciplined.--Sandi, in his _Civil History of Venice_ (t. ii. part 1, lib. iv. p. 767), after having reckoned sixty-one trades-corporations existing in that capital at the beginning of his century, declares that it is impossible to assign to each of these corporations the date of its origin, or that of its first statutes. This historian nevertheless consulted all the archives of the republic; he contents himself with observing, that none of the corporations are anterior to the fourteenth century." (_The notes which accompany this chapter are those of Capmany himself._)

"In accordance with the social system which generally prevailed at that time in most European countries, it was found necessary to bestow liberty and privileges upon an industrious and mercantile people, who thus became a great source of strength and support to kings; and this could not be effected without classifying the citizens. But these lines of demarcation could not be maintained distinct and inviolate without a political division of the various corporations in which both men and their occupations were classified. This division was the more necessary in a city like Barcelona, which, ever since the middle of the thirteenth century, had assumed a sort of democratic independence in its mode of government. Thus, in Italy, the first country in the West that re-established the name and the influence of the people, after these had been effaced in the iron ages by Gothic rule, the industrial classes had already been formed into corporations, which gave stability to the arts and trades, and conferred great honors upon them in those free cities, where, amidst the flux and reflux of invasions, the artisan became a senator, and the senator an artisan. Wars and factions, endemic evils in that delightful country at the time of which we are speaking, could not, in spite of all their ravages, effect the destruction of the associated trades, whose political existence, when once their members were admitted to a share in the government, formed the very basis of the constitution of both nations, inasmuch as both were industrial and mercantile. At Barcelona the trades were well regulated, prosperous, and flourishing, under that municipal system, and that consular jurisprudence, of which commerce, and its invariable concomitant, industry, have always stood in need. It was thus that this capital became one of the most celebrated centres of the manufacturing industry of the middle ages--a reputation which it has maintained and increased up to the present time. In like manner, it was under the name and rule of corporations and brotherhoods that trades were established in Flanders, in France, and in England, countries in which the arts have been carried to their highest degree of perfection and renown. The trades-corporations of Barcelona, even when viewed merely as a necessary institution for the due regulation of the primitive form of municipal government, should be regarded as most important, whether for the preservation of the arts, or as forming the basis of the influence of the artisans themselves. It is at once evident, from the experience of five centuries, that trades-unions have effected unspeakable good in Barcelona, were it only by preserving, as an imperishable deposit, the love, the tradition, and the memory of the arts. They have formed so many rallying points, so many banners, as it were, under which more than once the shattered forces of industry have found refuge; and have thus been enabled to recover their energy and activity, and to perpetuate their existence to our own days, in spite of pestilence, wars, factions, and a multitude of other calamities, which exhaust men's energies, overthrow their habitations, and change their manners. If Barcelona, so often visited by these physical and political plagues, had possessed no community, no bond, no common interest among its artisans, it would certainly have witnessed the destruction of their skill, their economy, and their activity, as is the case with beavers, when their communities have been broken up and dispersed by the hunters.[K]

[K] We here recognise many ideas taken from a work which saw the light in 1774, from the press of Sancha, under the title of _Discours économique-politique pour la defense du travail mécanique des ouvriers, par D. Ramon Miguel Palacio_. The author of these memoirs, fearing to be accused of a gross plagiarism, observes that, being obliged here to treat of this same matter, he was forced to adopt many of the ideas contained in this work, which at that time he thought it proper to publish without affixing his real name.

"By a happy effect of the security enjoyed by families in their different trades, and thanks to the aid, or _mont-de-piété_, established in the very bosom of the corporation for its necessitous members, who, without this assistance, might have been plunged into misery, these economical establishments at Barcelona have directly contributed to maintain the prosperity of the arts, by shutting out misery from the workshop, and preserving the operatives from indigence. Without this corporate police, by which each trade is surrounded, the property and the fortune of the artisan would have been exposed to the greatest risks; moreover, the credit and stability of the trades themselves would have been perilled; for then the quack, the unskilled operative, and the obscure adventurer, might have imposed upon the public with impunity, and a pernicious latitude might have taken the place of liberty. On the other hand, the trades-corporations being powerful associations, each one by itself being governed by a unanimity of intelligence and a community of interests, could purchase their stocks of raw materials seasonably and advantageously. They supplied the wants of the masters; they made advances, or stood security, for those of their members who lacked either time or funds for making great preliminary disbursements of capital at their own cost. Besides, these corporations, comprehending and representing the industry of the nation, and consequently feeling an interest in its maintenance, addressed from time to time memorials to the Municipal Council, or to the Cortes, relative to the injuries they were sustaining, or the approach of which they, as it often happened, foresaw from the introduction of counterfeit goods, or of foreign productions, which is a cause of ruin to our industry. In fine, without the institution of trades-corporations, instruction would have been void of order and fixed rules; for where there are no masters duly authorized and permanently established, neither will there be any disciples; and all regulations, in default of an executive power to see them observed, will be disregarded and trodden under foot. Trades-corporations are so necessary to the preservation of the arts, that the various trades known at the present day in this capital have derived their appellations and their origin from the economical divisions, and from the arts established by these corporations. When the blacksmith in his shop made ploughshares, nails, keys, knives, swords, &c., the names of the trades of the blacksmith, the nailer, the cutler, the armorer, &c. were unknown; and as there was no special and particular instruction in each of these branches of labor, the separation of which afterwards formed so many new arts maintained by their respective communities, these trades were unknown.

"The second political advantage resulting from the institution of trades-corporations at Barcelona was, the esteem and consideration in which at all times these establishments caused both the artisans and the arts to be held. This wise institution won respect for the operative classes, by constituting them a visible and permanent order in the state. Hence it is that the conduct and the mode of life of the Barcelonians have ever been such as are to be found only amongst an honorable people. Never having been confounded with any exempted and privileged body (for the trades-corporations draw a circle around their members, and let them know what they are, and what they are worth), these people learned that there was honor and virtue within their own sphere, and labored to preserve these qualities; so certain is it that social distinctions in a nation have more influence than is sometimes believed in upholding the spirit of each social class.

"Another view of this question shows us that trades-corporations form communities, governed by an economic code, which assigns to each corporation certain employments and certain honors, to which every individual member may aspire. Even men's prejudices, when wisely directed, sometimes produce admirable effects. Thus the government, the administration of these bodies, in which the artisan always enjoyed the prerogative of managing the resources and the interests of his trade and of his fellow-members, with the title of Counsellor, or Elder (_Prohombre_), won for the mechanical arts of Barcelona public and general esteem; whilst the pre-eminence in a festival or an assembly serves with these men to soften the rigors of manual labor, and the disadvantages of their inferior condition. At the same time that the trades of Barcelona, formed into well-organized bodies, fixed and preserved the arts in that capital, they had the further credit, by acting as political bodies of the most numerous class of the people, of gaining a high esteem for their members. The obscure artisan, without matriculation, or a common bond, continues isolated and wandering; he dies, and with him perishes his art; or at the first reverse of fortune, he emigrates and abandons his craft. What consideration can wretched wandering followers of any trade obtain in a country? Just such as knife-grinders and tinkers possess in the provinces of Spain. At Barcelona, all the trades have constantly enjoyed the same general esteem, because all have been established and governed upon a system which has rendered them fixed, respectable, and prosperous.

"The esteem in which the trades of Barcelona were held from the time when the municipal government had formed them into national corporations, the agents of public economy, gave rise to the laudable and useful custom of perpetuating trades in the same families. In fact the people having learned that, without quitting the class to which they belonged, they could preserve the respect and consideration due to useful and honorable citizens, no longer desired to quit it, and were no longer ashamed of their condition. When trades are held in honor, which is the consequence of the stability and civil properties of corporations, they naturally become hereditary. Now, the advantages both to the artisan and the arts, resulting from this transmission of trades, are so real and so well known, that it is needless to specify them here, or to dwell upon their salutary effects. This demarcation and classification of trades caused many of the arts to become sure possessions for those who adopted them. Hence fathers aimed at transmitting their trade to their sons; and thus was formed an indestructible mass of national industry, which made labor honorable, by implanting steady and homogeneous manners, if we may so speak, in the bosom of the class of artisans.

"Another circumstance contributed still more to render the exercise of the mechanical arts honorable at Barcelona, not only more than in most other parts of Spain, but more than in any other state, ancient or modern. This was the admission of the trades-corporations upon the register of municipal offices in this city, which enjoyed so many royal grants and extraordinary privileges of independence. Thus the nobility--that Gothic nobility--with their great domains, sought to be incorporated with the operatives in the _Ayuntamiento_, there to fill the offices and supreme stations in the political government, which, during more than five hundred years, continued in Barcelona under a form and in a spirit truly democratic.[L] All mechanical offices, without any odious distinction or exclusion, were held worthy to be declared qualified for the consistorial council of magistrates; all had a voice and a vote among the conscript fathers who represented this city, the most highly privileged perhaps that ever existed; one of the most renowned for its laws, its power, and its influence; one of the most respected in the middle ages amongst all the states and monarchies of Europe, Asia, and Africa.[M]

[L] "Consult the Appendix of Notes, Nos. 28 and 30. You will there see what respect and power the town of Barcelona enjoyed at another period, by means of the municipal magistrates, who represented it under the ordinary name of councillors."

[M] "In the diplomatic collection of these memoirs, we find a multitude of letters and other documents proving the direct and mutual relations which existed between the city of Barcelona and the emperors of the East, of Germany, the sultans of Egypt, the kings of Tunis, of Morocco, and various monarchs and states, or other great powers of Europe."

"This political system, and this municipal form of government, resembled that which prevailed in the middle ages amongst all the principal towns of Italy, whence Catalonia borrowed many of its customs and usages. Genoa, Pisa, Milan, Pavia, Florence, Sienna, and other towns, had a municipal government composed of the leading men in commerce, and the arts, under the name of consuls, counsellors, &c. _Priores Artium_--such was the name of a popular form of elective government, distributed among the different classes of citizens, without excluding the artisans, who, in the thirteenth and fourteenth centuries, were in their most flourishing condition, forming the most respectable part of the population, and consequently the richest, the most powerful, and the most independent. This democratic liberty, besides giving stability and permanency to industry in the towns of Italy, conferred a singular degree of honor on the mechanical professions. The grand council of these towns was summoned by the tolling of the bell, when the artisans arranged themselves under the banners or gonfalons of their respective trades. Such was also the political constitution of Barcelona from the middle of the thirteenth to the commencement of the present century. With these facts before us, need we feel surprise that, in our own days, arts and artisans in Barcelona still retain undiminished esteem and consideration; that a love for mechanical professions has become hereditary; that the dignity and self-respect of the artisan class have become traditional, even to the last generations, in which the customs of their ancestors have been transmitted by the succession of example, even after the extinction of the political reasons in which these customs had their origin? Several trades-corporations still preserve in the halls of their _juntas_ the portraits of those of their members who formerly obtained the first employments in the state. Must not this laudable practice have engraven on the memory of the members of the corporation all the ideas of honor and dignity consistent with the condition of an artisan? Assuredly the popular form of the ancient government of Barcelona could not fail to imprint itself generally and forcibly on the manners of the people; indeed, where all the citizens were equal in the participation of honors, it is easy to see that no one would willingly remain inferior to another in virtue or in merit, although inferior, in other respects, by his condition and fortune. This noble emulation, which must naturally have been awakened to activity in the concourse of all orders in the state, gave birth to the dignity, the lofty and inviolate probity of the artisans of Barcelona; and this character they have maintained to our own times, to the admiration of Spain and of foreign nations. Such has been the negligence of our national authors, that this narrative will have the appearance of a discovery: up to the present time Barcelona and the Principality had not attracted the scrutinizing notice of the political historian, so that a dark shadow still concealed the real principles (always unknown to the crowd) from which in all times, have sprung the virtues and the vices of nations.

"To these causes may be attributed, in great part, the esteem which the artisans have acquired. Nothing could be more salutary than this obligation they were always under of comporting themselves with dignity and distinction in public employments, whether in the corporation or the municipal government. Moreover the constant example of the master of the house, who, up to the present time, has always lived in common with his apprentices in a praiseworthy manner, has confirmed the children in ideas of order and dignity; for the manners and habits of a people, which are as powerful as law, must be inculcated from the tenderest age. Thus, in Barcelona, the operative has never been confounded by the slovenliness of his dress with the mendicant, whose idle and dissipated habits, says an illustrious writer, are easily contracted when the dress of the man of respectability is in no way distinguished from that of the rabble. Nor are the laboring population ever seen wearing those cumbersome garments which, serving as a cover for rags and a cloak for idleness, cramp the movements and activity of the body, and invite to a life of indolent ease. The people have not contracted a habit of frequenting taverns, where example leads to drunkenness and moral disorders. Their amusements, so necessary for working people to render their daily toils supportable, have always been innocent recreations, which either afforded them repose from their fatigues or varied them. The games formerly permitted were either the ring (_la bague_), nine pins, bowls, ball, shooting at a mark, fencing, and public dancing, authorized and watched over by the authorities; an amusement which from time immemorial has been general amongst the Catalans, in certain seasons and on certain festivals of the year.

"The respect for the artisan of Barcelona has never been diminished on account of the material on which his art was exercised, whether it was silver, steel, iron, copper, wood, or wool. We have seen that all the trades were equally eligible to the municipal offices of the state; none were excluded--not even butchers. Ancient Barcelona did not commit the political error of establishing preferences that might have produced some odious distinctions of trades. The inhabitants considered that all the citizens were in themselves worthy of esteem, since all contributed to the growth and maintenance of the property of a capital whose opulence and power were founded upon the industry of the artisan and the merchant. In fact, Barcelona has ever been free from that idea, so generally entertained, that every mechanical profession is low and vulgar--a mischievous and very common prejudice, which, in the provinces of Spain, has made an irreparable breach in the progress of the arts. At Barcelona, admission into certain trades-corporations has never been refused to the members of other trades: in this city all the trades are held in the same estimation. In a word, neither Barcelona nor any other town in Catalonia has ever entertained those vulgar prejudices that are enough to prevent honorable men from devoting themselves to the arts, or to cause the son to forsake the art practised by the father."[N]

[N] See the remarks of his Excellency M. Campomanes on these abuses and false principles of policy, in his _Discourse on the Popular Education of Artisans_, from page 119 to 160.

NOTE 36, p. 361.

I have spoken of the numerous Councils held by the Church at different epochs; why, it will be asked, does she not hold them more frequently now? I will answer this question by quoting a judicious passage from Count de Maistre, in his work _On the Pope_, book i. chap. 2:--

"In the first ages of Christianity," says he, "it was more easy to assemble Councils, because the Church was not so numerous as now, and because the emperors possessed powers that enabled a sufficient number of Bishops to assemble, so that their decisions needed only the assent of other Bishops. Yet these Councils were not assembled without much difficulty and embarrassment. But in modern times, since the civilized world has been divided into so many sovereignties, and immeasurably increased by our intrepid navigators, an Œcumenical Council has become a chimera.[O] Simply to convoke all the Bishops, and to bring legally together such a convocation, five or six years would not suffice."

[O] We ordinarily call a chimera, or an impossibility, that which offers great difficulties. On this occasion we cannot help observing to sincere persons, that, from these great difficulties, they may judge of the lawfulness and sincerity of the desires manifested by the _soi-disant_ reformers and appellants to Councils. They do not wish for Councils; but, under the shadow of this word, they wish to escape the authority of their legitimate superiors. (Note by the authors of the _Bibliothèque de Religion_, published in Spain.)

NOTE 37, p. 369.

That my readers may be convinced of the truth and accuracy of what I here affirm, I invite them to read the history of the heresies that have afflicted the Church since the first ages, but particularly from the tenth century down to our own days.

NOTE 38, p. 373.

It was not, I have said, without prejudice to the liberty of the people that the influence of the clergy was withdrawn from the working of the political machine. In order to ascertain how far this is true, it may be well to remark, that a great number of theologians were favorable to tolerably liberal doctrines in political matters, and that it was the clergy who exercised the greatest freedom in speaking to kings, even after the people had almost entirely lost the right of intervention in political affairs. Observe what opinions St. Thomas held on forms of government.

(Quest. cv. 1^a 2^æ.)

_De ratione judicialium præceptorum art._ 1. Respondeo dicendum, quod circa bonam ordinationem principum in aliqua civitate, vel gente, duo sunt attendenda, quorum unum est, ut omnes aliquam partem habeant in principatu; per hoc enim conservatur pax populi et omnes talem ordinationem amant et custodiunt ut dicitur (II. _Polit._, cap. i.); aliud est quod attenditur secundum speciem regiminis vel ordinationis principatum, cujus cum sint diversæ species, ut philosophus tradit in III. _Polit._ cap. v., præcipue tamen unum regimen est, in quo unus principatur secundum virtutem: et aristocratia, id est potestas optimorum, in qua aliqui pauci principantur secundum virtutem. Unde optima ordinatio principum est in aliqua civitate vel regno, in quo unus præficitur secundum virtutem qui omnibus præsit et sub ipso sunt aliqui principantes secundum virtutem, et tamen talis principatus ad omnes pertinet, tum quia ex omnibus eligi possunt, tum quia etiam ab omnibus eliguntur. Talis vero est omnis politia bene commixta ex regno in quantam unus præest, et aristocratia in quantum multi principantur secundum virtutem, et ex democratia, id est potestate populi in quantum ex popularibus possunt eligi principes, et ad populum pertinet electio principum, et hoc fuit institutum secundum legem divinam.

Divus Thomas. (1^a 2^æ Q. 90, art. 4^o.)

Et sic ex quatuor prædictis potest colligi definitio legis quæ nihil est aliud quam quædam rationis ordinatio ad bonum commune ab eo qui curam communitatis habet promulgata. Q. 95, art. 4.

Tertio est de ratione legis humanæ ut instituatur a gubernante communitatem civitatis: sicut supra dictum est. (Quest. 90, art. 3.) Et secundum hoc distinguuntur leges humanæ secundum diversa regimina civitatum, quorum unum, secundum philosophum in III. _Polit._, cap. xi., est regnum, quando scilicet civitas gubernatur ab uno, et secundum hoc accipiuntur constitutiones principum; aliud vero regimen est aristocratia, id est principatus optimorum vel optimatum, et secundum hoc sumuntur responsa prudentum et etiam senatusconsulta. Aliud regimen est oligarchia, id est principatus paucorum divitum et potentum; et secundum hoc sumitur jus prætorium, quod etiam honorarium dicitur. Aliud autem regimen est populi, quod nominatur democratia; et secundum hoc sumuntur plebiscita. Aliud autem est tyrannicum, quod est omnino corruptum unde ex hoc non sumitur aliqua lex. Est etiam et aliquod regimen ex istis commixtum, quod est optimum, et secundum hoc sumitur lex quam majores natu simul cum plebibus sanxerunt, ut Isidorus dicit lib. 5, _Etym. O._ cap. x.

If certain declaimers are to be believed, it would seem that the principle, that it is the law which governs, and not the will of man, is quite a recent discovery. But observe with what solidity and perspicuity the angelic doctor expounds this doctrine.

(1^a 2^æ Q. 93, art. 1.)

Utrum fuerit utile aliquas leges poni ab hominibus.

Ad 2^m dicendum, quod sicut Philosophus dicit. 1. Rhetor. Melius est omnia ordinari lege, quam dimittere judicum arbitrio, et hoc propter tria. Primo quidem, quia facilius est invenire paucos sapientes, qui sufficiant ad rectas leges ponendas, quam multos; qui requirerentur ad recte judicandum de singulis. Secundo, quia illi qui leges ponunt, ex multo tempore considerant quid lege ferendum sit: sed judicia de singularibus factis fiunt ex casibus subito exortis. Facilius autem ex multis consideratis potest homo videre quid rectum sit, quam solum ex aliquo uno facto. Tertio, quia legislatores judicant in universali, et de futuris: sed homines judiciis præsidentes judicant de præsentibus; ad quæ afficientur amore vel odio, aut aliqua cupiditate; et sic eorum depravatur judicium. Quia ergo justitia animata judicis non invenitur in multis, et quia flexibilis est: ideo necessarium fuit in quibuscumque est possibile, legem determinare quid judicandum sit, et paucissima arbitrio hominum committere.

In Spain, the _Procuradores_ of the Cortes dared not raise their voices against the excesses of power; and their timidity drew down the keen reproaches of P. Mariana. In the examination to which he was subjected in the celebrated suit commenced against him on the subject of the _seven treatises_, he confesses having applied to the _Procuradores_ the epithets of _vile, superficial, and utterly venal_, only striving to obtain the favor of the prince, and their own particular interests, without solicitude for the public good. He added, that such was the public cry, the general complaint, at least at Toledo, where he was residing.

I will leave unnoticed his work intituled _De Rege et Regis institutione_, of which I have spoken elsewhere. Confining myself to his _History of Spain_, I will observe with what liberty he expresses himself on the most delicate points, without meeting with any opposition, either from the civil or from the ecclesiastical authority. In his 1st book, chap. 4, speaking of the Aragonese, in his usual grave and severe tone, he says: "The Aragonese possess and enjoy laws and _fueros_ very different from those of the other people of Spain; they possess every thing most adapted for preserving liberty against the excessive power of kings, for preventing this power from degenerating and changing, by its natural tendency, into tyranny; for they are not ignorant of this truth, that the right of liberty is generally lost by degrees."

It was precisely at this epoch that the clergy expressed themselves with the greatest freedom on the most delicate of all subjects, that of contributions. The venerable Palafox, in his memorial or petition to the king for ecclesiastical immunity, said: "According to St. Augustine, to the great Tostat, and other weighty authors, the Son of God appointed that the children of God--that is the ministers of the Church, his priests--should not pay tribute to the pagan princes. In fact, he addressed to St. Peter the following question, already resolved by the eternal wisdom of the Father: _Reges gentium a quibus accipiunt tributum, a filiis, an ab alienis?_ St. Peter answered, _Ab alienis_; and our Lord concluded with these words: _Ergo liberi sunt filii_. I may be allowed, sire, to make this delicate observation, that the Divine Majesty does not say, _Reges gentium a quibus capiunt tributum_, but _a quibus accipiunt_. By this word accipiunt, we understand the mildness and mansuetude with which the payment of a tribute should always be exacted, in order to diminish the bitterness and repugnance accompanying a tribute.

"46. It is doubtless useful for the preservation of the state, that, in the first place, subjects should give, in order that princes may then receive. It is proper that kings should receive, and employ the tribute paid them, for on this depends the safety of crowns; but it is well that subjects should first give it voluntarily. It is doubtless from this passage of Scripture, from this expression of the Eternal Word, that the Catholic Crown, always so pious, has received the holy doctrine, by virtue of which neither your majesty nor your illustrious predecessors have ever permitted a tribute to be levied without its having first received the consent of the kingdoms themselves, and been offered by them; and your majesty is incomparably more exalted by limiting and moderating your power, than by exercising it to its utmost extent.

"47. Sire, if laymen, who have no exemption in matters of tribute, enjoy that which the kindness of your majesty and of the most Catholic kings grant them; if they do not pay till they choose to make a voluntary offering; if nothing is received from them except on this condition, will religion, your majesty's renowned piety, and the devoted zeal of the Council, allow the clergy--the sons, the ministers of God, the privileged, those who are exempt by divine and human law in all the nations of the world, and among the very pagans--to enjoy less favor than strangers, who are not, like them, either ministers of the Church or priests of God? Is the word _capiunt_, sire, to be applied exclusively to the ministers of God, and the word _accipiunt_ to men of the world?"

In his work intituled _Historia Real Sagrada_, the same writer raises his voice against tyranny with extreme severity:

"12. _Such_," says he, "_is the law which the king whom you wish for will maintain in your regard_. The word law is here employed ironically, as if God should say: 'You imagine, without doubt, that this king of yours would govern according to law; on this supposition you asked for him, since you complained that my tribunal did not govern you. Now, the law which this king will exercise towards you will be, to disregard all law; and his law will eventually be tyranny respected.' The politician who, relying upon this passage, should attribute as a right to the monarch a power which is merely pointed out by God to the people as a chastisement, would be an uncivilized being, unworthy of being treated as a rational creature. The Lord, in this instance, does not define what is the best; he does not say what he is giving them; these words are no appreciation of power; he merely declares what would be the case, and what he condemns. Who shall dare to found the origin of tyranny on justice itself? God says, that he whom they desire for a king will be a tyrant--not a tyrant approved of by him, but a tyrant that he reprobates and chastises. And subsequent events clearly shewed it, since there were in Israel wicked kings, by whom the prophecy was fulfilled, and Saints who obtained on the throne the mercy of God. The wicked kings literally accomplished the divine threat, by doing what they were forbidden; the good ones established their dignity upon propriety and justice within prescribed limits."

Father Marquez, in his _Christian Prince or Magistrate_ (_Gobernador Cristiano_), also enlarges on the same question; he expounds his opinion both theoretically and practically.

(Chapter xvi. 53.)

"Thus far we have heard the words of Philo, writing on this event. As these words afforded me an opportunity of reasoning on the obligations of Christian kings, I have taken care to quote them at length. I will not expect these kings to act like Moses; for they have not the miraculous aid which the Hebrew legislator received for the relief of the people, nor the rod which God gave him to make water flow from the rock at need. But I will recommend them to reflect maturely on the additional services they shall attempt to exact from their subjects, and the burdens they shall impose on them. Let them reflect that they are bound to justify the motive of their request in all truth, and without any false coloring; always and constantly aware that they are in the presence of God, that the eyes of God are fixed on their hands, that He will require from them a strict account of their actions. For, as the holy doctor of Nazianzen says, the Son of God came designedly into the world at the taking of a census and a resettlement of the imposts, in order to confound kings who would have appointed them through caprice; so that kings may now know that the Son of God takes account of every item, and weighs in the balance of his strict justice things which we should account of little moment.

"The above reflection will serve to dispel the false ideas of certain flatterers, who, to obtain the favor of princes, persuade them that they are perfectly independent and the masters of the lives and property of their subjects, free to dispose of them as they may think proper. In support of this pretended maxim, they allege, as we have seen, the history of Samuel, who answered the people on the part of God, when they were demanding a king, 'You shall have one, but on terrible conditions.' This king was to take from them their fields, their vineyards, their olive-yards, to give them to his servants; he was to take their daughters for slaves, 'to make him ointments, and to be his cooks and bakers.' And they have not observed that, as John Bodin says, this is the interpretation of Philip Melancthon, which alone is sufficient to render it suspicious. Moreover, as St. Gregory, and after him other doctors, have observed, this passage of Scripture does not establish the just right of kings, but rather announces beforehand the tyranny of a great number of princes; in fine, these words do not explain what good princes might do, but merely what bad ones would usually do. Hence, when Achab seized upon the vineyard of Naboth, God was angry with him, and we know how He treated him. When David, the elect of God, demanded a spot whereon to set up the altar of Jebusee, he only asked it on condition of paying the value of the land.

"For this reason princes should examine with scrupulous attention whether contributions are just; for if they are not, doctors decide that they cannot, without manifest injustice, thus more or less infringe on the rights of their subjects. This doctrine is so Catholic and certain, that men holding sound doctrine affirm that, in this case, princes cannot impose fresh tributes, even though necessary, without the consent of the nation. For, say they, the prince not being (which he certainly is not) the master of his subjects' property, cannot make use of it without the consent of those from whom he is to receive it. This custom has been long in practice in the kingdom of Castile, where the laws of royalty prohibit the levying of any new impost without the intervention of the Cortes: after having received the sanction of the Cortes, the impost is submitted to the vote of the towns; and the prince does not consider his demand granted till it has received the sanction of the majority of the towns. Edward I. of England made a similar law, according to many authors of weight; and Philip of Commines says, that it was the same in France till the time of Charles VII., who, urged by an extreme necessity, suppressed these formalities, and levied a tax without waiting for the consent of the States, and this inflicted on the kingdom so deep a wound, that it will long continue unhealed. If we may credit certain affirmations, this author reports, that it was then asserted that the king had escaped from the guardianship exercised by the kingdom; but that his own opinion is, that kings cannot, without the consent of their people, exact a single farthing; princes acting otherwise, says he, fall under the Pope's excommunication; no doubt that of the bull _In Cœna Domini_. For my own part, I ought to confess that I do not find this in Philip de Commines.... With respect to this second point, it is evident, that the prince cannot, on his own authority, impose new tributes without the consent of the nation, whenever this nation shall have acquired by any of the reasons mentioned a contrary right, which I consider to be the case in Castile. No one, in fact, will deny that kingdoms at their commencement have a right to choose their kings on this condition, or render them such services as to obtain in return that no new imposts shall be laid on them without their consent. Now, in either case, there will be a compact made, from which kings cannot depart; and it is of no consequence, as some imagine it to be, whether they have obtained their kingdoms through the election of their subjects, or by mere force of arms. Although it is probable, indeed, that a State yielding itself of its own accord, will obtain greater privileges and better conditions than those acquired by a just war, it would not, however, be impossible for a State, in choosing a king, to confer upon him all its power in an absolute manner, and without this restriction, with a view to lay him under greater obligations, and to testify to him a greater degree of devotedness; and, on the other hand, a king, who had subjected a kingdom by force of arms, might nevertheless voluntarily grant it this privilege, with a view to obtain its gratitude, and more affectionate obedience on its part. The positive rule, therefore, for this particular right, will be the contract made, whether virtually or expressly, between the State and the prince; a contract which should be inviolable, especially if it is sealed by an oath."

_The Prince, or Christian Magistrate._

(Liv. ii. ch. xxxix. § 2.)

"Princes, it is said, may compel their subjects to sell at half-price, or to give gratuitously, a part of their property. This opinion is generally founded on the law which ordains that, when a ship in a tempest has been saved by throwing overboard a part of the cargo, the proprietors of the remaining part are obliged to make a proportionate contribution to indemnify the sufferers for the loss they have sustained. Bartholus and other authors have inferred from this, that in a time of necessity and famine the monarch may require his subjects to give gratuitously, and _a fortiori_ to sell at a lower price, a portion of their property to those in need. The monarch, say they, might, without any doubt, render property common, as it was before the establishment of social rights; he may consequently take it from one of his subjects and give it to another.

"It is certainly said in the laws of the kings of Israel, that he who should be chosen by God might seize upon the vineyards and property of his subjects, to confer them on his own servants; but the doctors do not support their arguments on this text. In fact, as we have said in chapter 16th, book i., the question does not concern the rights of a good prince, but the tyrannical acts of a bad one. Now, a careful study of the Scriptures will shew, that this passage must be favourable to one or other of the two opinions; for, if it were intended to establish that kings would possess in conscience the authority set forth in this passage, they would certainly have the right of seizing the property of one of their subjects to give it to another. If this passage is merely meant as a declaration of the injustices, of the extortions, and the tyrannies of wicked monarchs, it is no less certain that in Scripture the deed is considered unjust; for this deed is alleged as an example of what tyrants would do; now if it had been permitted to a good king, it would not have been quoted as an example of tyranny, as the Scriptures suppose it.

"Thus, this text alone, even were there no other in support of this doctrine, would satisfy me, that kings cannot lawfully compel their subjects to relinquish their property for less than its value, not even under pretext of the public good. In fact, were this pretext valid, it would not have been difficult for the kings of Israel to find an excuse for their tyranny; they might have alleged, that it was important to the public good to reward servants whose fidelity was so advantageous to the interests of the kingdom. Further, King Achab might have urged, that the amusements of the prince formed a part of the public good, since the people are so much interested in the health of the prince; and under this pretext might have deprived Naboth of his vineyard in order to enlarge his gardens. We find, however, that this pretext did not justify him in compelling Naboth even to sell his vineyard; the king, although grieved, was not offended by this man's refusal, neither was it his intention to seize the vineyard, had not the impious Jezabel furnished him with the means of doing so.

"Reason is evidently in favour of this opinion. Kings are the ministers of justice, and have been appointed to administer and uphold justice among the people. As St. Thomas teaches, the contract in buying and selling is only just in proportion as the price is equivalent to the thing purchased. Public, it is true, should be preferred to individual interest; in case, therefore, that a State is in danger of dissolution, the monarch might demand property at a less price, or even for nothing, just as he might compel the citizen to expose his life, which is of still greater value, in defending the common cause in a just war. This case, however, as P. Molina observes, is impossible, since the monarch would always be able to indemnify the individual for the loss he sustained, by levying for this purpose a general tax, a just tribute, and one that the State would be bound to pay. To prove this still more clearly, let us imagine the most urgent case possible; let us suppose that the king is besieged in his capital by a tyrant; the tyrant is about to enter sword and torch in hand; he offers to raise the siege on condition of receiving a statue of gold of great value, formerly the property of his ancestors, which a subject of the besieged king, the commander-in-chief of his armies, had taken in the plunder of a town, and made the inalienable property of the eldest son of his family. To render the case still more pressing, let us suppose that the tyrant has a dearly-cherished relation in the service of the besieged king, and that he will be satisfied if a rich lord of the kingdom, possessing a great number of estates, be despoiled, and his property conferred on his relation. It cannot be doubted that, in order to purchase the lives of all, this arrangement might be entered into; and that the king would be justified in acceding to the demand, in taking the statue, or even the whole of this property, to confer it on the tyrant's relation. But no one will assert that the lord should suffer the whole loss. The State would be under the obligation of indemnifying him for the loss, by taking upon itself the indemnification, the lord merely contributing his quota; for this reason, that it would be opposed to natural justice for the burdens of the whole body to fall upon a single member, which would be the case according to the law proposed by the opponents. If, in a case of shipwreck, all the cargo were thrown overboard to save the ship and the lives and fortunes of all, the obligation being common to all, it would not be just that it should fall exclusively upon the owners; because the cargo could best be thrown overboard and most endangered the ship's safety: the loss should be borne by all, even by those who had with them things only of little weight, as jewels or diamonds, for instance; since neither these latter proprietors nor the vessel herself could be saved without lightening her by throwing overboard the heavier portion of the cargo.

"The law decrees also that the owner of the vessel shall pay his quota. Not that he is obliged to indemnify the owners of the merchandise lost, because he sees them in need; it may be supposed, indeed, that these parties are rich, and, although their present loss is extreme, they will nevertheless be under the obligation of returning what would then have been lent to them; for, as the doctors decide, there is no obligation of giving to the rich man when he suffers a heavy loss, when a loan will answer the same end. But it is said that the obligation of the master of a ship is founded on the fact, that all the passengers and the proprietors being interested in saving their lives and their property, the risk and the loss of what was thrown overboard ought to fall on all, and not exclusively on the owners of what was lost. As a proof that this is the correct interpretation, it will be sufficient to notice the summary of the title, and the very words of the law, which are: _Eo quod id tributum servatæ mercedes deberent_.

"But, except in this case, or in others equally pressing, if the ruin of the State would not result from the mere fact of an individual refusing to yield up his house to the prince, the latter could not compel the proprietor to give it up for a less price than its just value, and still less for nothing; for so long as the persons and the property of the State are safe, it is of no importance to the body corporate whether such or such persons are rich or poor; no one, in fact, in the general community possesses a fixed degree from which he can neither descend nor rise. This instability observable among the members of the same State, some losing what others gain, and _vice versâ_, is inseparable from the state of society, such is the instability of temporal affairs; and the public good, generally speaking, neither loses nor gains by it."

NOTE 39, p. 382.

Some persons imagine, that in speaking of the loss of liberty in Spain, the question may be readily reduced to one point of view, as if the kingdom had always possessed the unity which it only acquired in the eighteenth century, and only then in an incomplete manner. A perusal of history, and especially of the codes of the different provinces of which the monarchy was composed, will convince us that the central power has been created and fortified among us very slowly; and that at the time when this difficult task was nearly accomplished in Castile, much still remained to be done in Aragon and Catalonia. Our constitutions, our customs, our manners, in the seventeenth century, evidently prove that the monarchy of Philip II., such as we conceive it, strong and irresistible, was not yet established in the crown of Aragon. I will abstain from adducing here documents and quoting facts with which every one is acquainted; the dimensions of this volume require me to be brief.

NOTE 40, p. 388.

The immortal work of Count de Maistre, in which he so ably refutes the calumnies of the enemies of the Apostolic See, is well known. Among so many and such profound observations, there is one deserving of particular attention: that on the moderation of the Popes in every thing relating to the extension of their dominions, when he points out the difference between the Roman and the other European Courts. "It is," says he, "a very remarkable circumstance, but either disregarded or not sufficiently attended to, that the Popes have never taken advantage of the great power in their possession for the aggrandisement of their States. What could have been more natural, for instance, or more tempting to human nature, than to reserve a portion of the provinces conquered from the Saracens, and which they gave up to the first occupant, to repel the Turkish ascendency, always on the increase? But this, however, they never did, not even with regard to the adjacent countries, as in the instance of the Two Sicilies, to which they had incontestable rights, at least according to the ideas then prevailing, and over which they were nevertheless contented with an empty sovereignty, which soon ended in the _haquenée_, a slight tribute, and merely nominal, which the bad taste of the age still disputes with them.

"The Popes may have made too much, at the time, of this universal sovereignty, which an opinion equally universal allowed them. They may have exacted homage; may indeed, if you will, have too arbitrarily imposed taxes. I do not wish to enter into these points here, but it still remains certain that they have never sought to increase their dominions at the expense of justice, whilst all other governments fell under this anathema; and, at the present time even, with all our philosophy, our civilization, and our fine books, there is not perhaps one of the European powers in a condition to justify all its possessions before God and reason." (_Du Pape_, book ii. chap. 6.)

NOTE 41, p. 350.

I will here insert some passages in which St. Anselm explains the motives that induced him to write, and the method which he intended to follow in his writings.

_Præfatio beati Anselmi Episcopi Cantuariensis in Monologuium._

Quidam fratres sæpe me studioseque precati sunt, ut quædam de illis, quæ de meditanda divinitatis essentia, et quibusdam aliis hujus meditationi cohærentibus, usitato sermone colloquendo protuleram, sub quodam eis meditationis exemplo describerem. Cujus scilicet scribendæ meditationis magis secundum suam voluntatem quam secundum rei facilitatem aut meam possibilitatem hanc mihi formam præstituerunt: quatenus auctoritate scripturæ penitus nihil in ea persuaderetur. Sed quidquid per singulas investigationes finis assereret, id ita esse plano stylo et vulgaribus argumentis simplicique disputatione, et rationis necessitas breviter cogeret, et veritatis claritas patenter ostenderet. Voluerunt etiam ut nec simplicibus peneque fatuis objectionibus mihi occurrentibus obviare contemnerem, quod quidem diu tentare recusavi, atque me cum re ipsa comparans, multis me rationibus excusare tentavi. Quanto enim id quod petebant, usu sibi optabant facilius: tanto mihi illud actu injungebant difficilius. Tandem tamen victus, tum precum modesta importunitate, tum studii eorum non contemnenda honestate, invitus quidem propter rei difficultatem, et ingenii mei imbecillitatem, quod precabantur incæpi, sed libenter propter eorum caritatem, quantum potui secundum ipsorum definitionem effeci. Ad quod cum ea spe sim adductus, ut quidquid facerem illis solis a quibus exigebatur, esset notum, et paulo post idipsum ut vilem rem fastidientibus, contemptu esset obruendum, scio enim me in eo non tam precantibus satisfacere potuisse, quam precibus me prosequentibus finem posuisse. Nescio tamen quomodo sic præter spem evenit, ut non solum prædicti fratres sed et plures alii scripturam ipsam, quisque eam sibi transcribendo in longum memoriæ commendare satagerent, quam ego sæpe tractans nihil potui invenire me in ea dixisse, quod non catholicorum patrum, et maxime beati Augustini scriptis cohæreat.

Idem. _Quod hoc licet inexplicabile sit, tamen credendum sit._ (Cap. lxii.)

Videtur mihi hujus tam sublimis rei secretum transcendere omnem intellectus aciem humani: et idcirco conatum explicandi qualiter hoc sit, continendum puto. Sufficere namque debere existimo rem incomprehensibilem indaganti si ad hoc rationando pervenerit, ut eam certissime esse cognoscat, etiamsi penetrare nequeat intellectu quomodo ita sit, nec idcirco minus his adhibendam fidei certitudinem, quæ probationibus necessariis nulla alia repugnante ratione asseruntur, si suæ naturalis altitudinis incomprehensibilitate explicari non patiantur. Quid autem tam incomprehensibile, quam id quod supra omnia est? Quapropter si ea quæ de sua essentia hactenus disputata sunt necessariis rationibus sunt asserta, quamvis sic intellectu penetrari non possint ut quæ verbis valeant explicari: nullatenus tamen certitudinis eorum nutat soliditas. Nam si superior consideratio rationabiliter comprehendit incomprehensibile esse, quomodo eadem summa sapientia sciat ea quæ fecit de quibus tam multa non scire necesse est; quis explicet quomodo sciat aut dicat se ipsam, de qua aut nihil, aut vix aliquid homini sciri possibile est?

Incipit proœmium in Prosologuion librum Anselmi, Abbatis Beccensis, et Archiepiscopi Cantuariensis.

Postquam opusculum quoddam velut exemplum meditandi de ratione fidei, cogentibus me precibus quorumdam fratrum in persona alicujus tacite secum ratiocinando quæ nesciat investigantis edidi, considerans illud esse multorum concathenatione contextum argumentorum, cœpi mecum quærere: si forte posset invenire unum argumentum, quod nullo alio ad se probandum, quam se solo indigeret, et solum ad astruendum quia Deus vere est; et quia est summum bonum nullo alio indigens, et quo omnia indigent ut sint et bene sint, et quæcumque credimus de divina substantia sufficeret. Ad quod cum sæpe studioseque cogitationes converterem, atque aliquando mihi videretur jam capi posse quod quærebam, aliquando mentis aciem omnino fugeret: tandem desperans volui cessare, velut ab inquisitione rei quam inveniri esset impossibile. Sed cum illam cogitationem, ne mentem meam frustra occupando ab aliis in quibus proficere possem impediret, penitus a me vellem excludere, tunc magis ac magis nolenti et defendenti, se cœpit cum importunitate quadam ingerere. Quadam igitur die cum vehementer ejus importunitati resistendo fatigarer, in ipso cogitationum conflictu sic se obtulit quod desperabam, ut studiose cogitationem amplecterer, quam sollicitus repellebam. Æstimans igitur quod me gaudebam invenisse, si scriptum esset alicui, legenti placiturum. De hoc ipso et quibusdam aliis sub persona conantis erigere mentem suam ad contemplandum Deum, et quærentis intelligere quod credit, subditum scripsi opusculum. Et quoniam nec istud nec illud cujus supra memini, dignum libri nomine, aut cui auctoris præponeretur nomen judicabam: nec tamen sine aliquo titulo, quo aliquem in cujus manus venirent, quodammodo ad se legendum invitarent, dimittenda putabam, unicuique dedi titulum: ut prius exemplum meditandi de ratione fidei, et sequens fides quærens intellectum diceretur. Sed cum jam a pluribus et his titulis utrumque transumptum esset, coegerunt me plures et maxime reverendus Archiepiscopus Lugdunensis Hugo nomine, fungens in Gallia legatione apostolica, prœcepit auctoritate, ut nomen meum illis præscriberem. Quod ut aptius fieret illud quidem Monologuium, id est Soliloquium, istud vero Prosologuion, id est Alloquium nominavi.

* * * * *

I have said that St. Anselm excelled Descartes in his manner of proving the existence of God: let the reader, indeed, peruse the following passages. I do not, however, intend to pronounce an opinion on the merits of this demonstration; my business is, to notice the progress of the human mind, and not to resolve philosophical questions.

PROSOLOGUIUM D. ANSELMI.

_Quod Deus non possit cogitari non esse._

Quod utique sic vere est, ut nec cogitari possit non esse. Nam potest cogitari esse aliquid, quod non possit cogitari non esse, quod majus est quam quod non esse cogitari potest. Quare si id, quo majus nequit cogitari, potest cogitari non esse: id ipsum, quo majus cogitari nequit, non est id quo majus cogitari nequit; quod convenire non potest. Sic ergo vere est aliquid, quo majus cogitari non potest, ut nec cogitari possit non esse. Et hoc es tu, Domine Deus noster. Sic ergo vere es, Domine Deus meus, ut nec cogitari possis non esse. Et merito. Si enim aliqua mens posset cogitare aliquid melius te, ascenderet creatura super Creatorem; et judicaret de Creatore, quod valde est absurdum. Et quidem quidquid est aliud præter solum te, potest cogitari non esse. Solus igitur verissime omnium, et ideo maxime omnium habes esse, quia quidquid aliud est non sic vere est, et idcirco minus habet esse. Cur itaque, _dixit insipiens in corde suo non est Deus?_ Cum causa in promptu sit rationali menti, te maxime omnium esse? Cur, nisi stultus et insipiens?

_Quomodo insipiens dixit in corde suo quod cogitari non potest._ (Cap. iv.)

Verum quomodo dixit insipiens in corde suo quod cogitare non potuit, aut quomodo cogitare non potuit quod dixit in corde, cum idem sit dicere in corde, et cogitare. Quod si vere, imo quia vere, et cogitavit: quia dixit in corde et non dixit in corde, quia cogitare non potuit; non uno tantum modo dicitur aliquid in corde vel cogitatur. Aliter enim cogitatur res, cum vox eam significans cogitatur: aliter cum idipsum, quod res est, intelligitur. Illo itaque modo, potest cogitari Deus non esse: isto vero, minime. Nullus quippe intelligens id quod Deus est, potest cogitare quia Deus non est; licet hæc verba dicat in corde, aut sine ulla, aut cum aliqua extranea significatione. Deus enim, est id quo majus cogitari non potest. Quod qui bene intelligit, utique intelligit id ipsum sic esse, ut nec cogitatione queat non esse. Qui ergo intelligit sic esse Deum, nequit eum non esse cogitare. Gratias tibi, bone Domine, gratias tibi, quia quod prius credidi te donante, jam sic intelligo te illuminante; ut si te esse nolim credere, non possim non intelligere.

_Ejusdem beati Anselmi liber pro insipiente incipit._

Dubitanti, utrum sit; vel neganti quod sit aliqua talis natura, qua nihil majus cogitari possit; tamen esse illam, huic dicitur primo probari; quod ipse negans vel ambigens de illa, jam habeat eam in intellectu, cum audiens illam dici, id quod dicitur intelligit: deinde, quia quod intelligit necesse est, ut non in solo intellectu, sed etiam in re sit. Et hoc ita probatur; quia majus est esse in intellectu et in re, quam in solo intellectu. Et si illud in solo est intellectu, majus illo erit quidquid etiam fuerit in re, at si majus omnibus, minus erit aliquo, et non erit majus omnibus quod utique repugnat. Et ideo necesse est ut, majus omnibus, quod est jam probatum esse in intellectu, et in re sit; quoniam aliter majus omnibus esse non poterit. Responderi potest, quod hoc jam esse dicitur in intellectu meo, non ob aliud, nisi quia id quod dicitur intelligo.

* * * * *

The passages I have just quoted will have shewn to my readers that thought was not oppressed in the Catholic Church. The most eminent doctors were accustomed to reason on the most important subjects with a just and reasonable independence; and although with profound respect for the teaching of the Catholic Church, they nevertheless surveyed, as well as Abelard and better, the field of true philosophy. We cannot expect from human intelligence at this epoch more than is to be found in St. Anselm. How is it, therefore, that such eulogiums have been passed upon Roscelin and Abelard, without ever mentioning this holy doctor? Why present a picture of the intellectual movement so incomplete, and not insert in it so noble and beautiful a figure?

If you would know how incorrect it is that Abelard, as M. Guizot affirms, abstained from attacking the doctrines of the Church--how incorrect M. Guizot is in his statement of the causes which excited the zeal of the pastors of the Church against Abelard, read the letter of the Bishops of Gaul to Pope Innocent, in which you will find a complete recital of the origin and cause of this important affair. Here is the letter:

EPISTOLA CCCLXX.

_Reverendissimo Patri et Domino, INNOCENTIO, Dei gratia summo Pontifici, Henricus Senonensium Archiepiscopus, Carnotensis Episcopus, Sanctæ Sedis Apostolicæ famulus, Aurelianensis, Antissiodorensis, Trecensis, Meldensis Episcopi, devotas orationes et debitam obedientiam._

Nulli dubium est quod ea quæ Apostolica firmantur auctoritate, rata semper existunt; nec alicujus possunt deinceps mutilari cavillatione, vel invidia depravari. Ea propter ad vestram Apostolicam Sedem, Beatissime Pater, referre dignum censuimus quædam quæ nuper in nostra contigit tractari præsentia. Quæ quoniam et nobis, et multis religiosis ac sapientibus viris rationabiliter acta visa sunt, vestræ serenitatis expectant comprobari judicio, simul et auctoritate perpetuo roborari. Itaque cum per totam fere Galliam in civitatibus, vicis, et castellis, a Scholaribus non solum intra Scholas, sed etiam triviatim: nec a litteratis, aut provectis tantum, sed a pueris et simplicibus, aut certe stultis, de Sancta Trinitate, quæ Deus est, disputaretur: insuper alia multa ab eisdem, absona prorsus et absurda, et plane fidei catholicæ, sanctorumque Patrum auctoritatibus obviantia proferrentur; cumque ab his qui sane sentiebant, et eas ineptias rejiciendas esse censebant, sæpius admoniti corriperentur, vehementius convalescebant, et auctoritate magistri sui Petri Abailardi, et cujusdam ipsius libri, cui _Theologiæ_ indiderat nomen; nec non et aliorum ejusdem opusculorum freti ad astruendas profanas adinventiones illas, non sine multarum animarum dispendio, sese magis ac magis armabant. Quæ enim et nos, et alios plures non parum moverant ac læserant; inde tamen quæstionem facere verebantur.

Verum Dominus Abbas Claræ-vallis, his a diversis et sæpius auditis, immo certe in prætaxato magistri Petri _Theologiæ_ libro, nec non et aliis ejusdem libris, in quorum forte lectionem inciderat, diligenter inspectis; secreto prius; ac deinde secum duobus aut tribus adhibitis testibus, juxta Evangelicum præceptum, hominem convenit: Et ut auditores suos a talibus compesceret, librosque suos corrigeret, amicabiliter satis ac familiariter illum admonuit. Plures etiam Scholarium adhortatus est, ut et libros venenis plenos repudiarent et rejicerent: et a doctrina, quæ fidem lædebat Catholicam, caverent et abstinerent. Quod magister Petrus minus patienter et nimium ægre ferens, crebro nos pulsare cœpit, nec ante voluit desistere, quoad Dominum Clara-vellensem Abbatem super hoc scribentes, assignato die, scilicet octavo Pentecostes, Senonis ante nostram submonuimus venire præsentiam: quo se vocabat et offerebat paratum magister Petrus ad probandas et defendendas de quibus illum Dominus Abbas Clara-vallensis, quomodo prætaxatum est, reprehenderat sententias. Cæterum Dominus Abbas, nec ad assignatum diem se venturum, nec contra Petrum sese disceptaturum nobis remandavit. Sed quia magister Petrus interim suos nihilominus cœpit undequaque convocare discipulos; et obsecrare, ut ad futuram inter se, Dominumque Abbatem Clara-vallensem disputationem, una cum illo suam sententiam simul et scientiam defensuri venirent; Et hoc Dominum Clara-vallensem minime lateret; veritus ipse, ne propter occasionem absentiæ suæ tot profanæ, non sententiæ sed insaniæ, tam apud minus intelligentes, quam earumdem defensores majore dignæ viderentur auctoritate, prædicto quem sibi designaveramus die, licet eum minime suscepisset, tactus zelo pii fervoris, imo certe Sancti Spiritus igne succensus, sese nobis ultro Senonis præsentavit. Illa vero die, scilicet octava Pentecostes, convenerant ad nos Senonis Fratres et Suffraganei nostri Episcopi, ob honorem et reverentiam sanctarum, quas in Ecclesia nostra populo revelaturos nos indixeramus, Reliquiarum.

Itaque præsente glorioso Rege Francorum Ludovico cum Wilhelmo religioso Nivernis Comite, Domino quoque Rhemensi Archiepiscopo, cum quibusdam suis suffraganeis Episcopis nobis etiam, et suffraganeis nostris, exceptis Parisiis et Nivernis, Episcopis præsentibus, cum multis religiosis Abbatibus et sapientibus, valdeque litteratis clericis adfuit Dominus Abbas Clara-vallensis; adfuit magister Petrus cum fautoribus suis. Quid multa? Dominus Abbas cum librum Theologiæ magistri Petri proferret in medium, et quæ annotaverat absurda, imo hæretica plane capitula de libro eodem proponeret, ut ea magister Petrus vel a se scripta negaret, vel si sua fateretur, aut probaret, aut corrigeret: visus est diffidere magister Petrus Abailardus, et subterfugere, respondere noluit, sed quamvis libera sibi daretur audientia, tutumque locum, et æquos haberet judices, ad vestram tamen, sanctissime Pater, appellans præsentiam, cum suis a conventu discessit.

Nos autem licet appellatio ista, minus Canonica videretur, Sedi tamen Apostolicæ deferentes, in personam hominis nullam voluimus proferre sententiam: Cæterum sententias pravi dogmatis ipsius, quia multo infecerant, et sui contagione adusque cordium intima penetraverant, sæpe in audientia publica lectas et relectas, et tam verissimis rationibus, quam Beati Augustini, aliorumque Sanctorum Patrum inductis a Domino Clara-vallensi auctoritatibus, non solum falsas, sed et hæreticas esse evidentissime comprobatas, pridie ante factam ad vos appellationem damnavimus. Et quia multos in errorem perniciosissimum et plane damnabilem pertrahunt, eas auctoritate vestra, dilectissime Domine, perpetua damnatione notari; et omnes qui pervicaciter et contentiose illas defenderint, a vobis, æquissime Pater, juxta pœna mulctari unanimiter et multa precum instantia postulamus.

Sæpe dicto vero Petro, si Reverentia vestra silentium imponeret, et tam legendi, quam scribendi prorsus interrumperet facultatem, et libros ejus perverso sine dubio dogmate respersos condemnaret, avulsis spinis et tribulis ab Ecclesia Dei, prevaleret adhuc læta Christi seges succrescere, florere, fructificare. Quædam autem de condemnatis a nobis capitulis vobis, Reverende Pater, conscripta transmisimus, ut per hæc audita reliqui corpus operis facilius æstimetis.

Observe how St Bernard explains the system and errors of the celebrated Abelard. In chapter 1 of the treatise which he wrote, _De erroribus Petri Abailardi_, he says:

"Habemus in Francia novum de veteri magistro Theologum, qui ab ineunte ætate sua in arte dialectica lusit; et nunc in scripturis sanctis insanit. Olim damnata et sopita dogmata, tam sua videlicet quam aliena suscitare conatur, insuper et nova addit. Qui dum omnium quæ sunt cœlo sursum, et quæ in terra deorsum, nihil præter solum Nescio nescire dignatur; ponit in cœlum os suum, et scrutatur alta Dei, rediensque ad nos refert verba ineffabilia, quæ non licet homini loqui. Et dum paratus est de omnibus reddere rationem, etiam quæ sunt supra rationem, et contra rationem præsumit, et contra fidem. Quid enim magis contra rationem, quam ratione rationem conari transcendere? Et quid magis contra fidem; quam credere nolle, quidquid non possit ratione attingere?"

In chapter 4, he sums up, in a few words, the aberrations of the dialectician:

"Sed advertite cætera. Omitto quod dicit spiritum timoris Domini non fuisse in Domino: timorem Domini castum in future seculo non futurum: post consecrationem panis et calicis priora accidentia quæ remanent pendere in aere: dæmonum in nobis suggestiones contactu fieri lapidum et herbarum, prout illorum sagax malitia novit; harum rerum vires diversas, diversis incitandis et incendendis vitiis, convenire: Spiritum Sanctum esse animam mundi: mundum juxta Platonem tanto excellentius animal esse, quanto meliorem animam habet Spiritum Sanctum. Ubi dum multum sudat quomodo Platonem faciat Christianum, se probat ethnicum. Hæc inquam omnia, aliasque istiusmodi nænias ejus non paucas prætereo, venio ad graviora. Non quod vel ad ipsa cuncta respondeam, magnis enim opus voluminibus esset. Illa loquor quæ tacere non possum.

"Cum de Trinitate loquitur," says he in his letter 192, "sapit Arium, cum de Gratia sapit Pelagium, cum de persona Christi sapit Nestorium."

Pope Innocent, condemning the doctrines of Abelard, says: "In Petri Abailardi perniciosa doctrina, et prædictorum hæreses, et alia perversa dogmata catholicæ fidei obviantia pullulare cœperunt."

APPENDIX.

NOTE (a), p. 289.

Quod necesse est homines simul viventes ab aliquo diligenter regi.

Et siquidem homini conveniret singulariter vivere, sicut multis animalium, nullo alio dirigente indigeret ad finem, sed ipse sibi unusquisque esset rex sub Deo summo rege, in quantum per lumen rationis divinitus datum sibi, in suis actibus seipsum dirigeret. Naturale autem est homini ut sit animal sociale, et politicum, in multitudine vivens, magis etiam quam omnia alia animalia; quod quidem naturalis necessitas declarat. Aliis enim animalibus natura præparavit cibum, tegumenta pilorum, defensionem, ut dentes, cornua, ungues, vel saltem velocitatem ad fugam. Homo autem institutus est nullo horum sibi a natura præparato, sed loco omnium data est ei ratio, per quam sibi hæc omnia officio manuum posset præparare, ad quæ omnia præparanda unus homo non sufficit. Nam unus homo per se sufficienter vitam transigere non posset. Est igitur homini naturale, quod in societate multorum vivat. Amplius, aliis animalibus insita est naturalis industria ad omnia ea quæ sunt eis utilia vel nociva, sicut ovis naturaliter extimet lupum inimicum. Quædam etiam animalia ex naturali industria cognoscunt aliquas herbas medicinales, et alia eorum vitæ necessaria. Homo autem horum, quæ sunt suæ vitæ necessaria, naturalem cognitionem habet solum in communi, quasi eo per rationem valente ex universalibus principiis ad cognitionem singulorum, quæ necessaria sunt humanæ vitæ, pervenire. Non est autem possibile, quod unus homo ad omnia hujusmodi per suam rationem pertingat. Est igitur necessarium homini, quod in multitudine vivat, et unus ab alio adjuvetur, et diversi diversis inveniendis per rationem occuparentur, puta, unus in medicina, alius in hoc, alius in alio. Hoc etiam evidentissime declaratur per hoc, quod est proprium hominis locutione uti, per quam unus homo aliis suum conceptum totaliter potest exprimere. Alia quidem animalia exprimunt mutuo passiones suas, in communi, ut canis in latratu iram, et alia animalia passiones suas diversis modis. Magis igitur homo est communicativus alteri, quam quodcumque aliud animal, quod gregale videtur, ut grus, formica, et apis. Hoc ergo considerans Salomon in Ecclesiaste ait: "Melius est esse duos, quam unum. Habent enim emolumentum mutuæ societatis." Si ergo naturale est homini quod in societate multorum vivat, necesse est in hominibus esse, per quod multitudo regatur. Multis enim existentibus hominibus et uno quoque id quod est sibi congruum providente, multitudo in diversa dispergeretur, nisi etiam esset aliquis de eo quod ad bonum multitudinis pertinet, curam habens, sicut et corpus hominis, et cujuslibet animalis deflueret, nisi esset aliqua vis regitiva communis in corpore, quæ ad bonum commune omnium membrorum intenderet. Quod considerans Salomon dicit: "Ubi non est gubernator, dissipabitur populus." Hoc autem rationabiliter accidit: non enim idem est quod proprium, et quod commune. Secundum propria quidem differunt, secundum autem commune uniuntur: diversorum autem diversæ sunt causæ. Oportet igitur præter id quod movet ad proprium bonum uniuscujusque, esse aliquid, quod movet ad bonum commune multorum. Propter quod et in omnibus quæ in unum ordinantur, aliquid invenitur alterius regitivum. In universitate enim corporum, per primum corpus, scilicet celeste, alia corpora ordine quodam divinæ providentiæ reguntur, omniaque corpora, per creaturam rationalem. In uno etiam homine anima regit corpus, atque inter animæ partes irascibilis et concupiscibilis ratione reguntur. Itemque inter membra corporis unum est principale, quod omnia movet, ut cor, aut caput. Oportet igitur esse in omni multitudine aliquod regitivum. (D. Th., Opusc. de Regimine Principum, l. i. cap. 1.)

NOTE (b), p. 290.

Ubi considerandum est, quod dominium, vel prælatio introducta sunt ex jure humano: distinctio autem fidelium et infidelium est ex jure divino. Jus autem divinum quod est ex gratia, non tollit jus humanum quod est ex naturali ratione; ideo distinctio fidelium et infidelium secundum se considerata, non tollit dominium, et prælationem infidelium supra fideles. (2. 2. quest. 10, art. 10.)

NOTE (c), p. 290.

Respondeo dicendum quod sicut supra dictum est (quest. 10, art. 10), infidelitas secundum se ipsam non repugnat dominio, eo quod dominium introductum est de jure gentium, quod est jus humanum. Distinctio autem fidelium et infidelium est secundum jus divinum, per quod non tollitur jus humanum. (2. 2. quest. 12, art. 2.)

NOTE (d), p. 290.

Respondeo dicendum quod sicut actiones rerum naturalium procedunt ex potentiis naturalibus: ita etiam operationes humanæ procedunt ex humana voluntate. Oportuit autem in rebus naturalibus, ut superiora moverent inferiora ad suas actiones per excellentiam naturalis virtutis collatæ divinitus. Unde et oportet in rebus humanis, quod superiores moveant inferiores per suam voluntatem ex vi auctoritatis divinitus ordinatæ. Movere autem per rationem et voluntatem est præcipere; et ideo sicut ex ipso ordine naturali divinitus instituto inferiora in rebus naturalibus necesse habent subjici motioni superiorum, ita etiam in rebus humanis ex ordine juris naturalis et divini, tenentur inferiores suis superioribus obedire. (2. 2. quest. 105, art. 1.)

NOTE (e), p. 291.

Obedire autem superiori debitum est secundum divinum ordinem rebus inditum ut ostensum est. (2. 2. quest. 104, art. 2.)

NOTE (f), p. 291.

Respondeo dicendum quod fides Christi est justitiæ principium, et causa, secundum illud Rom. iii. "Justitia Dei per fidem Jesu Christi;" et ideo per fidem Christi non tollitur ordo justitiæ sed magis firmatur. Ordo autem justitiæ requirit, ut inferiores suis superioribus obediant: aliter enim non posset humanarum rerum status conservari. Et ideo per fidem Christi non excusantur fideles, quin principibus secularibus obedire teneantur. (2. 2. quest. 105, art. 6.)

NOTE (g), p. 291.

Certum est politicam potestatem a Deo esse a quo non nisi res bonæ et licitæ procedunt, et quod probat Aug. in toto fere 4 et 5 libr. de Civit. Dei. Nam sapientia Dei clamat, Proverb. viii.: Per me reges regnant; et infra: Per me principes imperant. Et Daniel ii.: Deus cœli regnum et imperium dedit tibi, &c.; et Daniel iv.: Cum bestiis ferisque erit habitatio tua, et fenum, ut bos comedes, et rore cœli infunderis: septem quoque tempora mutabuntur super te, donec scias quod dominetur Excelsus super regnum hominum, et cuicumque voluerit, det illud. (Bell. de Laicis, l. iii. c. 6.)

NOTE (h), p. 291.

Sed hic observanda sunt aliqua. Primo politicam potestatem in universum consideratam, non descendendo in particulari ad monarchiam, aristocratiam, vel democratiam immediate esse a solo Deo; nam consequitur necessario naturam hominis, proinde esse ab illo, qui fecit naturam hominis; præterea hæc potestas est de jure naturæ, non enim pendet ex consensu hominum, nam velint, nolint, debent regi ab aliquo, nisi velint perire humanum genus, quod est contra naturæ inclinationem. At jus naturæ est jus divinum, jure igitur divino introducta est gubernatio, et hoc videtur proprie velle Apostolus, cum dicit Rom. xiii: Qui potestati resistit, Dei ordinationi resistit. (Ib.)

NOTE (i), p. 292.

Secundo nota, hanc potestatem immediate esse tanquam in subjecto, in tota multitudine, nam hæc potestas est de jure divino. At jus divinum nulli homini particulari dedit hanc potestatem, ergo dedit multitudini; præterea sublato jure positivo, non est major ratio cur ex multis æqualibus unus potius, quam alius dominetur: igitur potestas totius est multitudinis. Denique humana societas debet esse perfecta respublica, ergo debet habere potestatem se ipsam conservandi, et proinde puniendi perturbatores pacis, &c. (Ib.)

NOTE (k), p. 293.

Tertio nota, hanc potestatem transferri a multitudine in unum vel plures eodem jure naturæ: nam Respub. non potest per seipsam exercere hanc potestatem, ergo tenetur eam transferre in aliquem unum vel aliquos paucos; et hoc modo potestas principum in genere considerata, est etiam de jure naturæ, et divino; nec posset genus humanum, etiamsi totum simul conveniret, contrarium statuere, nimirum, ut nulli essent principes vel rectores. (Ib.)

NOTE (l), p. 293.

Quarto nota, in particulari singulas species regiminis esse de jure gentium, non de jure naturæ; nam pendet a consensu multitudinis, constituere super se regem vel consules, vel alios magistratus, ut patet: et si causa legitima adsit, potest multitudo mutare regnum in aristocratiam, aut democratiam, et e contrario ut Romæ factum legimus.

Quinto nota, ex dictis sequi, hanc potestatem in particulari esse quidem a Deo, sed mediante consilio, et electione humana, ut alia omnia, quæ ad jus gentium pertinent, jus enim gentium est quasi conclusio deducta ex jure naturæ per humanum discursum. Ex quo colliguntur duæ differentiæ inter potestatem politicam, et ecclesiasticam: una ex parte subjecti, nam politica est in multitudine, ecclesiastica in uno homine tanquam in subjecto immediate; altera ex parte efficientis, quod politica universe considerata est de jure divino, in particulari considerata est de jure gentium; ecclesiastica omnibus modis est de jure divino, et immediate a Deo. (Ib.)

NOTE (m), p. 294.

In hac re communis sententia videtur esse, hanc potestatem dari immediate a Deo ut auctore naturæ, ita ut homines quasi disponant materiam et efficiant subjectum capax hujus potestatis; Deus autem quasi tribuat formam dando hanc potestatem. Cita a Cajet. Covar. Victor. y Soto. (De Leg. l. iii. c. 3.)

NOTE (n), p. 294.

Secundo sequitur ex edictis, potestatem civilem, quoties in uno homine, vel principe reperitur, legitimo, ac ordinario jure, a populo, et communitate manasse, vel proxime vel remote, nec posse aliter haberi, ut justa sit. (Ibid. cap. 4.)

NOTE (o), p. 294.

Defensio Fidei Catholicæ et Apostolicæ adversus Anglicanæ sectæ errores, cum responsione ad apologiam pro juramento fidelitatis et præfationem monitoriam serenissimi Jacobi Angliæ Regis, Authore P. D. Francisco Suario Gratanensi, e Societate Jesu, Sacræ Theologiæ in celebri Conimbricensi Academia Primario Professore, ad serenissimos totius Christiani orbis Catholicos Reges ac Principes.

Lib. 3. De Primatu Summi Pontificis, cap. 2. Utrum Principatus politicus sit immediate a Deo, seu ex divina institutione.

..... In qua rex serenissimus non solum novo, et singulari modo opinatur, sed etiam acriter invehitur in Cardinalem Bellarminum, eo quod asseruerit, non regibus authoritatem a Deo _immediate_, perinde ac pontificibus esse concessam. Asserit ergo ipse, regem non a populo, sed _immediate_ a Deo suam potestatem habere; suam vero sententiam quibusdam argumentis, et exemplis suadere conatur, quorum efficaciam in sequenti capite expendemus.

_Sed quamquam controversia hæc ad fidei dogmata directe non pertineat_ (_nihil enim ex divina Scriptura, aut Patrum traditione in illa definitum ostendi potest_), nihilominus diligenter tractanda, et explicanda est. Tum quia potest esse occasio errandi in aliis dogmatibus; tum etiam quia prædicta regis sententia, prout ab ipso asseritur et intenditur, nova et singularis est, et ad exaggerandam temporalem potestatem, et spiritualem extenuandam videtur inventa. Tum denique quia sententiam illustrissimi Bellarmini _antiquam, receptam, veram, ac necessariam esse censemus_.

NOTE (p), p. 295.

R. P. Hermanni Busembaum Societatis Jesu Theologia Moralis, nunc pluribus partibus aucta a R. P. D. Alphonso de Ligorio Rectore majore congregationis SS. Redemptoris; adjuncta in calce operis, præter indicem rerum, et verborum locupletissimum, perutili instructione ad praxim confessariorium Latine reddita.

Lib. 1, Tract. 2. De legibus, cap. 1. De natura, et obligatione legis. Dub. 2.

104. Certum est dari in hominibus potestatem ferendi leges; sed potestas hæc quoad leges civiles a natura nemini competit, nisi communitati hominum, et ab hac transfertur in unum, vel in plures, a quibus communitas regatur.

NOTE (q), p. 295.

Theologia Christiana Dogmatico-Moralis Auctore P. F. Daniele Concina ordinis Prædicatorum. Editio novissima, tomus sextus, de Jure nat. et gent., &c. Romæ, 1768.

Lib. 1. De Jure natur. et gent., &c. Dissertatio 4, De leg. hum. C. 2.

Summæ potestatis originem a Deo communiter arcessunt scriptores omnes. Idque declaravit Salomon, Prov. viii. "Per me reges regnant, et legum conditores justa decernunt." Et profecto quemadmodum inferiores principes a summa majestate, ita summa majestas terrena a supremo Rege, Dominoque dominantium pendeat necesse est. Illud in disputationem vocant tum theologi, tum jurisconsulti, sit ne a Deo proxime, an tantum remote hæc potestas summa? Immediate a Deo haberi contendunt plures, quod ab hominibus neque conjunctim, neque sigillatim acceptis haberi possit. Omnes enim patres familias æquales sunt, solaque œconomica in propias familias potestate fruuntur. Ergo civilem politicamque potestatem, qua ipsi carent, conferre aliis nequeunt. Tum si potestas summa a communitate, tanquam a superiore, uni, aut pluribus collata esset, revocari ad nutum ejusdem communitatis posset; cum superior pro arbitrio retractare communicatam potestatem valeat; quod in magnum societatis detrimentum recideret.

Contra disputant alii, et _quidem probabilius ac verius_, advertentes omnem quidem potestatem a Deo esse; sed addunt, non transferri in particulares homines immediate, sed mediante societatis civilis consensu. Quod hæc potestas sit immediate, non in aliquo singulari, sed in tota hominum collectione, docet conceptis verbis S. Thomas 1. 2. qu. 90. art. 3 ad 2. et qu. 97. art. 3 ad 3 quem sequuntur Dominicus Soto, lib. 1. qu. 1. art. 3. Ledesma 2. Part. qu. 18. art. 3. Covarruvias in pract. cap. 1. Ratio evidens est: quia omnes homines nascuntur liberi, respectu civilis imperii; ergo nemo in alterum civili potestate potitur. Neque ergo in singulis, neque in aliquo determinato potestas hæc reperitur. Consequitur ergo in tota hominum collectione eamdem extare. Quæ potestas non confertur a Deo per aliquam actionem peculiarem a creatione distinctam; sed est veluti proprietas ipsam rectam rationem consequens, quatenus recta ratio præscribit ut homines in unum moraliter congregati, expresso aut tacito concensu modum dirigendæ, conservandæ, propugnandæque societatis præscribant.

NOTE (r), p. 296.

Hinc infertur, potestatem residentem in principe, rege, vel in pluribus, aut optimatibus, aut plebeiis, ab ipsa communitate aut proxime, aut remote proficisci. Nam potestas hæc a Deo immediate non est. Id enim nobis constare peculiari revelatione deberet; quemadmodum scimus, Saulem et Davidem electos a Deo fuisse. Ab ipsa ergo communitate dimanet oportet.

Falsam itaque reputamus opinionem illam quæ asserit, potestatem hanc immediate et proxime a Deo conferri regi, principi, et cuique supremæ potestati, excluso Reipublicæ tacito, aut expresso consensu. Quamquam lis hæc verborum potius quam rei est. Nam potestas hæc a Deo auctore naturæ est, quatenus disposuit, et ordinavit ut ipsa Respublica pro societatis conservatione, et defensione, uni, aut pluribus supremam regiminis potestatem conferret. Immo facta designatione imperantis, aut imperantium, potestas hæc a Deo manare dicitur, quatenus jure naturali, et divino tenetur, societas ipsa parere imperanti. Quoniam reipsa Deus ordinavit ut per unum, aut per plures hominum societas regatur. Et hac via omnia conciliantur placita: et oracula Scripturarum vero in sensu exponuntur. Qui resistit potestati, Dei ordinationi resistit. Et iterum: Non est potestas nisi a Deo: ad Rom. viii. Et Petrus Epist. 1, cap. ii. Subjecti igitur estote omni humanæ creaturæ propter Deum: sive Regi, &c. Item Joan. xix. Non haberes potestatem adversum me ullam, nisi tibi datum esset desuper. Quæ, alia testimonia evincunt, omnia a Deo, supremo rerum omnium moderatore, disponi, et ordinari. At non propterea humana consilia, et operationes excluduntur; ut sapienter interpretantur S. Augustinus tract. 6, in Joan. et lib. 22. cont. Faustum, cap. 47, et S. Joannes Chrysostomus Hom. 23, in Epist. ad Rom.

NOTE (s), p. 296.

Quinam possint ferre leges? Dico 1. Potestas legislativa competit communitati vel illi, qui curam communitatis gerit. (Ibid. art. 3. 0.)

Prob. 1. Ex Isidoro L. 5. Etymol. C. 10 et refertur C. Lex, Dist. 4. ubi dicit: Lex est constitutio populi, secundum quam majores natu simul cum plebibus aliquid sanxerunt. (Ibid. in art. 1. 0.)

Prob. 1. Ratione. (Ibid. 0.) Illius est condere legem, cujus est prospicere bono communi; quia, ut dictum est, leges feruntur propter bonum commune: atqui est communis, vel illius, cui curam communitatis habet, prospicere bono communi: sicut enim bonum particulare est finis proportionatus agenti particulari, ita bonum commune est finis proportionatus communitati, vel ejus vices gerenti; ergo. Confirmatur: (Ibid. ad 2.) lex habet vim imperandi et coercendi; atqui nemo privatus habet vim imperandi multitudini et eam coercendi, sed sola ipsa multitudo, vel ejus Rector: Ergo. (Tract. de Legi. Art. 4.)

NOTE (t), p. 296.

Dices: Superioris est imperare et coercere; atqui communitas non est sibi superior: Ergo R. D. Min. Communitas, sub eodem respectu considerata, non est sibi superior, C. Sub diverso respectu, N. Potest itaque communitas considerari collective, per modum unius corporis moralis, et sic considerata est superior sibi consideratæ distributive in singulis membris. Item potest considerari vel ut gerit vices Dei, a quo omnis potestas legislativa descendit, juxta illud Proverb. Per me reges regnant, et legum conditores justa decernunt; vel ut est gubernabilis in ordine ad bonum commune: primo modo considerata est superior et legislativa; secundo modo considerata est inferior et legis susceptiva.

NOTE (u), p. 297.

Quod ut clarius percipiatur, observandum est hominem inter animalia nasci maxime destitutum pluribus tum corporis cum animæ necessariis, pro quibus indiget aliorum consortio et adjutorio, consequenter eum ipsapte natura nasci animal sociale: societas autem quam natura, naturalisve ratio dictat ipsi necessariam, diu subsistere non potest, nisi aliqua publica potestate gubernetur; juxta illud Proverb. Ubi non est gubernator, populus corruet. Ex quo sequitur, quod Deus, qui dedit talem naturam, simul ei dederit potestatem gubernativam et legislativam, qui enim dat formam, dat etiam ea, quæ hæc forma necessario exigit. Verum, quia hæc potestas gubernativa et legislativa non potest exerceri a tota multitudine; difficile namque foret, omnes et singulos simul convenire toties quoties providendum est de necessariis bono communi, et de legibus ferendis; ideo solet multitudo transferre suum jus seu potestatem gubernativam, vel in aliquos de populo ex omni conditione, et dicitur Democratia; vel in paucos optimates, et dicitur Aristocratia; vel in unum tantum, sive pro se solo, sive pro successoribus jure hæreditario, et dicitur Monarchia. Ex quo sequitur, omnem potestatem esse a Deo, ut dicit Apost. Rom. xiii. immediate quidem et jure naturæ in communitate, mediate autem tantum et jure humano in Regibus et aliis Rectoribus: nisi Deus ipse immediate aliquibus hanc potestatem conferat, ut contulit Moysi in populum Israel, et Christus SS. Pontifici in totam Ecclesiam.

_Hanc potestatem legislativam_ in Christianos, _maxime justos, non agnoscunt, Lutherani et Calvinistæ, secuti in hoc Valdenses, Wicleffum, et Joan. Hus damnatos in Conc. Constant. sess. 6. can. 15. Et quamvis Joannes Hus eam agnosceret in principibus bonis, eam tamen denegabat malis, pariter ideo damnatus in eodem Concil. sess. 8._

NOTE (x), p. 297.

Compendium Salmatic. authore R. P. F. R. Antonio a S. Joseph olim Lectore, priore ac examinatore Synodali in suo collegio Burgensi, nunc procuratore generali in Romana Curia pro Carmelitarum Discalceatorum Hispanica Congregatione. Romæ, 1779. Superiorum permissu. Tractatus 3, De Legibus, cap. 2. De potestate ferendi leges.

Punctum 1. De potestate legislativa civili.

Inq. 1. An detur in hominibus potestas condendi leges civiles? R. Affirm. constat ex illo Prov. viii. Per me reges regnant, et legum conditores justa decernunt. Idem patet ex Apost. ad Rom. xiii. et tanquam de fide est definitum in Conc. Const. sess. 8, et ultima. Prob. ration. quia ad conservationem boni communis requiritur publica potestas, qua communitas gubernetur: nam ubi non est gubernator, corruet populus, sed nequid gubernator communitatem nisi mediis legibus gubernare: ergo certum est dari in hominibus potestatem condendi leges, quibus populus possit gubernari. Ita D. Th. lib. i. de regim. princip. c. 1 et 2.

Inq. 2. An potestas legislativa civilis conveniat principi immediate a Deo? R. omnes asserunt dictam potestatem habere principes a Deo. Verius tamen dicitur, non _immediate_ sed _mediante_ populi consensu illam eos a Deo recipere. Nam omnes homines sunt in natura æquales, nec unus est superior, nec alius inferior ex natura, nulli enim dedit natura supra alterum potestatem, sed hæc a Deo data est hominum communitati, quæ judicans rectius fore gubernandum per unam vel per plures personas determinatas, suam transtulit potestatem in unam, vel plures, a quibus regeretur, ut ait D. Th. 1. 2. q. 90. a. 3. ad. 2.

Ex hoc naturali principio oritur discrimen regiminis civilis. Nam si Respublica transtulit omnem suam potestatem in unum solum, appellatur Regimen Monarchicum; si illam contulit Optimatibus populi, nuncupatur Regimen Aristocraticum; si vero populus, aut Respublica sibi retineat talem potestatem, dicitur Regimen Democraticum. Habent igitur Principes regendi potestatem a Deo, quia supposita electione a Republica facta, Deus illam potestatem, quæ in communitate erat, Principi confert. Unde ipse nomine Dei regit, et gubernat, et qui illi resistit, Dei ordinationi resistit, ut dicit Apost. loco supra laudato.

INDEX.

Abbon, a monk--his poem on the siege of Paris, 241.

Abelard, account of, 401; error of M. Guizot with regard to him, 402; document proving this, 486.

Abuses, checked by the Church, 422.

Adhemar, his chronicle, 241.

Adon, Archbishop of Vienne--his work on universal history, 241.

Adrian (Pope) protects the marriages of slaves, 113; his doctrine on the right of slaves to marry, 113.

Agde, Councils of, 103; ibid. decree against those who refused to be reconciled, 176.

Aix-la-Chapelle, Council of, enjoins bishops to found hospitals to contain all the poor that their revenues can support, 188.

Albigenses described, 252.

Alphonsus (of Ligouri), on power of making laws, 295.

Amat (Don Felix), his false political theory, 333; ibid. on resistance to government, 471.

Ambrose (St.), conduct of towards the Emperor Theodosius, 178; sells the sacred vessels to redeem slaves, 432.

Anabaptists, excesses committed by, in Germany in the 16th century, 197.

Angers, Council of, its decree against acts of violence, 176.

Anselm (St.), writings of, 403; ibid. on St. Paul to the Romans, 459; extracts from, showing his way of viewing religious matters, 485; intellectual movement in the Church within the limits of faith, 486; he anticipates Descartes' demonstration of the existence of a God, 485.

Arabians, their civilization described, 237; probability that they were indebted to the eastern monasteries for much of their knowledge, 237; the connexion between their science and that of antiquity may yet be found, 237.

Arbogen, Council of, forbids church burial to be given to pirates, ravishers, &c., 182.

Aristocracy in the 16th century, consisted of the nobles and clergy, 348; differences between them, 349; intermediate class between the throne and the people, 349.

Aristotle, immoral doctrine of, 443; his views on public education, 443; his absurd interference of the State in domestic matters, 443; his doctrines reformed by Christianity, 351.

Arles, Council of, its decree against feuds, 177.

Armagh, Council of, 109; ibid. frees all the English slaves, 437.

Association, a favorite principle of Catholicity, 189.

Atheism, tendency towards, in the 17th century, 61.

Augustin (St.), his description of paganism, 89; his noble sentiments on slavery, 111; remarkable passages from, on political forms, 390; on the name Catholic being given to the true Church only, 422.

Author, declaration of, 419.

Authority in religion, tendency towards, in the 17th century, 61.

Avignon, Council of, its decree in favor of the truce of God, 181.

Aymon (of Aquitaine), writes the history of the French, 241.

Barbarians, those who invaded the Roman Empire described, 122; their real condition, 444; their laws and manners, 447.

Barcelona, councillors of, their bold language to the king of Spain, 340; its trades-associations described by Capmany, 477.

Bayle, dictionary of, described, 63; its effects, 63.

Bellarmine, doctrine of, on the divine law, 291; on the civil power, 292; on the distinction between political and ecclesiastical power, 293; vindication of, 294.

Benedict (St.), described, 238; his monastic institute, 238.

Beneficence, public, unknown to the ancients, 184; was the work of Christianity, 184; it required permanent institutions, 184; they were conceived and founded by the Church, 185; institutions of, founded by Catholicity, 185; they require the support of Christian charity, 189.

Bernard (St.), observations on, 409.

Beza, evidence of, against Protestantism, 423.

Bible, why forbidden in the vulgar tongue in Spain, 215.

Bible Societies, effects of, 64.

Billuart, F., on the right of making laws, 296; on the origin of society and the civil power, 296.

Bishops, slaves of, set free at their death by decree of Council, 108.

Bonald, on the Esprit des Lois, 186; his doctrines, 283.

Boneuil, Council of, described, 106.

Bossuet, his negotiations with Leibnitz to re-unite the Churches, 61; school of, 283; his Universal History the first great work on the philosophy of history, 418.

Brentzen, testimony of, to the incredulity prevailing among the early reformers, 429.

Brescia, Arnauld of, troubles excited by, 251.

Bruis (Pierre de), his iconoclastic fanaticism, 251.

Buchanan, his remark on the degradation of women wherever Christianity does not prevail, 136.

Bull-fights, those of Spain discussed, 174.

Busenbaum, on the power of making laws, 295.

Bull (Cœna Domini) containing an excommunication against those who levy excessive taxes, 360.

Cæsar (J.), on the manners of the Germans and Britons, 153.

Calmet, on St. Paul to the Romans, 461.

Calvin, intolerance of, 421; his vulgar abuse, 421; evidence of, in favor of the Pope, 423.

Calvinism, as connected with democracy, 355.

Capmany on the trades-corporations of Barcelona, 477.

Carranza, trial of, 212; its duration, 212; carried to Rome, 212; his dying declaration, 212; conduct of Philip II. towards him, 213; causes of his trial, 213; nature of his writings, 214; his reason why the Scriptures in the vulgar tongue were forbidden in Spain, 215.

Cassian, his account of the origin of religious institutions, 223.

Cathari, the, described, 251.

Catholicity, its doctrines always the same, 65; its past services to society, and what may be expected from it for the future, 73; its progress in several countries of Europe, 74; not opposed to the true spirit of liberty, 80; its effects on European civilization, 80; was strong in the west and weak in the east, 81; importance of the unity produced by it for the safety of Europe amid perils, 81; degraded condition of society when it appeared, 90; not opposed to the feeling of individuality, but promotes it, 131; the elevation of woman due to it alo ne, 135, 155; places women on an equality with men, 135; mistake of its opponents, 149; its institutions falsely assailed by Protestants and philosophers, 147; its exertion in favor of beneficence impeded by Protestantism, which compelled it to stand on its defence, 188; unfairly treated with regard to tolerance, 190; its doctrine with respect to errors of the mind, 200; was the work of God, 256; its fertility in resources, 257; its charity, 257; its true doctrines with regard to the civil power, 323; its relations with the people, 353; its relations with liberty, 357; its effects on the development of the intellect, 392; effects of its principle of submission to authority, 393; effects of the same on the sciences, 393; ancient and modern philosophy compared with it, 395; its morality, 397; its revealed dogmas, 397; is not opposed to true philosophy, 397; compared with Protestantism with respect to learning, universities, &c., 412; its unity and concert, 423; its services against slavery.--(See _Slavery_.)

Celchite, Council of, 109.

Celibacy, influence of that of the clergy in preventing an hereditary succession, according to Guizot, 351; what would have happened without it, 352.

Censors, among the ancients, they took the place of religious authority, 161.

Chalons, Council of, 108.

Chalons-sur-Saone, Council of, excommunicates those who fight within the precincts of churches, 176.

Chanoinesses, enjoined by the Council of Aix to keep an hospital for poor women, 188.

Charity, its effects on toleration, 192.

Charles V., why released from his oath by the Pope, 210.

Chateaubriand, writings of, described, 71; describes Zachary as selling himself as a slave to buy the liberty of a husband for his wife and children, 104; extract from, on the effects of Catholicity and Protestantism, 415.

Chivalry, its relations with women, 150; did not elevate them, but found them elevated by Christianity, 151.

Christ, all his miracles beneficent, 184; his whole life spent in doing good, 184.

Christians, the early, their constancy in martyrdom, 224; they seek asylums for retirement and prayer in the deserts, 224.

Christianity, effects of, on society, 67; effects produced by its appearance, 88; opposes slavery, 102; could not endure the savage heroism of the Romans, 104; development of the moral life by means of, 134; was unknown to the ancients, 134; the effects which would have followed from the loss of its influence on Europe, 134; ideas of some modern philosophers with regard to it, 156; how it is embodied in Catholicity, 156; its progress in the early ages described, 230; its effects on the invading barbarians, 235.

Church, the Catholic, services of, to society, in combating the fatalist doctrines of the Reformation, 68; her opposition to slavery, 102; she protects the freedom of newly emancipated slaves, 103; consecrates manumission by having it performed in the churches, 103; protects slaves recommended to her by will, 103; allows her sacred vessels to be sold to redeem slaves, 104; gives letters of recommendation to emancipated slaves, 105; causes tending to promote slavery with which she had to contend, 105; she makes a law enabling those who had been compelled to sell themselves as slaves to recover their liberty by paying back the price, 106; she allows her ministers to give their liberty to slaves belonging to her, while she forbids other property to be alienated, 108; summary of her measures for the abolition of slavery, 114--(see _Councils_); its abolition due to her alone, 114; reforms marriage, 136; preserves its sanctity, 137; great evils thereby prevented, 137; her unity in doctrines and fixity in conduct not inconsistent with progress, 145; her struggles with the corrupted Romans and savage barbarians, 176; decrees of her Councils against animosities, 176; her persevering efforts, 177; treats kings and great men as severely as the lowly, 177; her boldness in checking the crimes of kings, 178; her interference in civil affairs of old justified by the circumstances of the times, 182; her Councils protect the weak--viz. clergy, monks, women, merchants and pilgrims--against the strong, 182; her exertions in favor of the vanquished in war, 183; she preserves unity of faith, and founds institutions for doing good, 185; what she would have done for the cure of pauperism if the Reformation had not plunged Europe into revolutions and reactions, 188; encourages the aristocracy of talent, 361; service which she did to the human mind by opposing the spirit of subtlety of the innovators, 407; her interference in the management of hospitals, 449.

Churches, the Protestant, only the instruments of the civil power, 186.

Cicero, on the necessity of religion to the State, 316.

Civilization, that of Europe during the 16th century not owing to Protestantism, 82; characteristics of that of modern Europe described, 115; compared with ancient and modern non-Christian civilization, 116; its superiority owing to Catholicity, 117; may be reduced to three elements--the individual, the family, and society, 117; its universal progress impeded, and unity broken, by Protestantism, 260.

Clement, St. (Pope), passage from, on Christians selling themselves as slaves to redeem their brethren, 104.

Clergy, the effects on society of their power and influence, 175; fatal effects of the diminution of their political influence in the 16th century, 370; advantages which might have resulted from it to popular institutions, 373; their relations with all the powers and classes of society, 373.

Clermont, Council of, its decree in favor of the truce of God, 181.

Coblentz, Council of, 106.

Concina (P.), on the origin of power, 295; how it exists in governments, 296.

Conduct, firmness of, its powerful effects in the world, 145.

Conscience, the public, described, 157; that of Europe contrasted with that of ancient times, 159; how influenced by the Church, 160; both illustrated by the story of Scipio, 165; the former was formed by Catholicity alone, 166.

Conscience, the individual, described, 158.

Constance, Council of, its doctrine on the murder of kings, 336.

Cornelius a Lapide, on St. Paul to the Romans, 460.

Cortes, severe measures of that of Toledo against the Jews, 205; decline of, in Spain, 331.

Cottereaux, excesses of, 252.

Councils of the Church, their influence on political laws and customs, 360; canons of, which improve the condition of slaves, 430; check all attempts against the liberty of the enfranchised slaves of the Church, or who had been recommended to her by will, 431; undertake that the Church will defend the liberty and property of the freed who have been recommended to her, 431; make the redemption of captives the first care of the Church, and give their interests precedence over her own, 432; excommunicate those who attempt to reduce men into slavery, 433; declare those who make Christians slaves to be guilty of homicide, 434; ordain that those who have sold themselves as slaves shall recover their liberty by repaying the price, 434; protect the slaves belonging to Jews, 434; provide means for their becoming free, 434; forbid Jews to acquire new Christian slaves, 435; ordain that if a master gives meat to a slave on a fasting day, the latter becomes free, 435; forbid Jews to hold Christian slaves at all, 435; forbid Christian slaves to be sold to Jews or pagans, 435; or to be sold out of the kingdom of Clovis, 436; severely condemn clerics who sell their slaves to Jews, 436; command bishops to respect the liberty of those freed by their predecessors, 436; they mention the power given to bishops to free deserving slaves, and fix the sum which they may give them to live on, 436; exempt them from the general rule, that alienations made by bishops who leave nothing of their own must be restored, 436; ordain that when a bishop dies, all his slaves shall be set at liberty, and that at the funeral each bishop or abbot may set three slaves free, giving them three solidi each, 436; free all the English slaves in Ireland, 437; forbid slaves of the Church to be exchanged for others, 437; grant liberty to slaves who wish to embrace the monastic life, with proper precautions to prevent abuses, 437; check the abuse of ordaining slaves without the consent of their masters, 437; allow parish priests to select some clerics from the slaves of the Church, 438; allow slaves to be ordained, having been first freed, 438.

Crusades vindicated, 242.

Cyprian (St.), on the redemption of captives, 432.

De Maistre on the word "catholic," 422; on general Councils, 480; compares the conduct of the Popes with that of other rulers, 484.

Democrats, difference between ancient and modern, 130.

Democracy, its alliance with kings against the aristocracy, 303; notion formed of, in the 16th century, 350; two kinds of, 364; their progress in the history of Europe, 365; their characters, 366; their causes and effects, 366; historical facts with regard to, in France, England, Sweden, Denmark, and Germany, 367.

Descartes, his demonstration of the existence of God anticipated by St. Anselm, 486.

Divorce, consequences of the facility of, in Germany, according to M. de Staël, 139.

Divines, spirit of the writings of the old Catholic, compared with that of modern writers, 288.

Doctrines, their effects on society, 311; those prevalent in the 16th century with regard to democracy, 350; those prevalent in political matters in Europe before the appearance of Protestantism compared with those of the school of the 18th century and those of modern publicists, 374.

Dominicans, their exertions in favor of the native Americans, as stated by Robertson, 441.

East, the, injury caused there by breaking unity in religion, 235.

Elvira, Council of, its decree in favor of slaves, 100.

England, policy of, towards Spain, 76.

Eon, his fanatical delusion, 251.

Epaone, Council of, 100.

Erigena, account of, 400.

Errors, those of the mind not always innocent, 200.

Error described, 70.

Europe, characteristics of her civilization, 116; condition of, in the 13th century, 245 et seq.; singular contrasts therein, 246; struggle between barbarism and Christianity there, 247; instances of great and good principles sometimes abused in practice, 247; barbarism therein improved by religion, and religion disfigured by barbarism, 248; effects of the crusades, 249; increasing power of the commonalty, 249; decline of the feudal system, 249; power of great ideas, 250; critical epochs, 250; great agitation prevailing, and horrible doctrines spread, among the people at that time, 250--(see _Tanchème_, _Eon_, _Cathari_, _Vaudois_, _Albigenses_); what she would have done for civilization if she had not been impeded by Protestantism, 261; her condition when it appeared, 261; great increase of power and development of mind, 262; divisions occasioned by it, 262; the nations thereof require religious institutions for organizing beneficence and education on a large scale, 277; state of, at the end of the 15th century, 344; social movement at that time, 344; its causes, 344; its effects and object, 345; development of the industrial classes there, 354; this took place under the influence of Catholicity alone, 385; picture of, from the 11th century to the 14th, 382; religion and the human mind there, 404; intellectual condition of the nations of modern, distinguished from that of those of antiquity, 405; causes which have accelerated it among the former, 406.

Eximeno, letter of, on the sciences, 425.

Facts, consummated, how they are to be treated, 333.

Faith, unity of, not adverse to political liberty, 388.

Forms, political, their value, 357.

Francis I. (of France), his opinion on the necessity of expelling the Moors from Spain, 210.

Francis, St. (de Sales), his list of titles given to the Popes, 423.

Franks, their custom of going armed to church forbidden by Councils, 176.

Free-will, its denial discarded by Protestants themselves, 68; its effects, 68; its noble results, 134; supported by Catholicity against the Reformation, 135.

Gambling, passion of, described, 142.

Games, public, those of the Romans prohibited by the Christian Church, 175.

Gerbet (l'Abbé), his excellent refutation of Lammenais' doctrines, 338.

Germans, manners of the ancient, described by Tacitus, 152; why embellished by him, 153; are but little known to us, 154; their struggles with the Romans, 154.

Gibbon, testimony of, to the merits of Bossuet's History of the Variations, 421.

Gilles (St.), Council of, its decree in favor of the truce of God, 179.

Gironne, Council of, in favor of the truce of God, 180.

Glaber (Monk), of Cluny, his history of France, 241.

Gotti (Cardinal), doctrines of, on the origin of power, 295.

Gouget (l'Abbé), on Catholic Hebrew studies, 413.

Government, three principles of--monarchy, aristocracy, and democracy, 344.

Governments, revolutionary ones are cruel in self-defence, not being based on right, 128; right of resistance to _de facto_ ones, 330; falsehood of the theory which imposes the obligation of obeying them merely as such 331; difficulties on this point explained, 332.

Grace, effects of the Catholic doctrine of, 234.

Gratian, merit of his literary labors, 241.

Gregory (Pope), passage from, 108; frees two slaves of the Roman Church, 436; his reason why Christians liberated their slaves, 436.

Gregory III. (Pope), on selling slaves to the pagans for sacrifice, 435.

Gregory IX. (Pope), his decretals on slavery, 109; against the hereditary succession of the clergy, 352.

Gregory XVI. (Pope), his apostolic letters against the slave trade, 438.

Grotius, his servile doctrine on the civil power, 323; his evidence in favor of Catholicity, 424.

Gruet, his incredulity and execution, 429.

Guibert, historical labors of, 241.

Guizot, on the effects of the Church upon slavery, 113; his doctrine of the personal independence of individuals among the barbarians stated and discussed, 119; true theory thereon, 121; incoherence of his own doctrines, 124; cause of his error, 125; his acknowledgment with regard to the reformation and liberty, 343; extract from, shewing that the clergy were not a caste, 351; an opinion of, refuted, 399; extract from, shewing the immense superiority of the Church to the barbarians in legislation, 447; documents shewing his error with respect to Abelard, 486.

Hacket, fanaticism of, 427.

Harlem, Mathias, mad fanaticism of, 426.

Heresy, held a sin by the Catholic Church, 200.

Heretics, characteristics of those of the early ages, 425.

Herman, preaches the murder of all priests and magistrates, 426.

Hermandad, charter of, between the kingdoms of Leon and Castile, for the preservation of their liberties, 475.

History, difficulties in its study, 248; necessity of taking into account times and circumstances of events therein, 248.

Hobbes, his false theory of society, 304; his servile doctrine, 323.

Honor, principle of, in monarchies, according to Montesquieu, 161.

Horace, on the origin of society, 462.

Hospitals, destroyed by Henry VIII. in England, 185; Catholic bishops the protectors and inspectors of, 187; laws made respecting them by the Church, 187; attached to monasteries and colleges in the middle ages, 449; superintended by the bishops, 449; their property protected by being considered as belonging to the Church, 449.

Hugh of St. Victor, historical labors of, 241.

Humility, its effects with regard to toleration, 193.

Ideas, irreligious ones cannot be confined to theory, but enter on the field of practice, 70; destroy themselves, 71; power of, 169; they are divided into those that flatter the passions, and those that check them, 170; they require an institution to preserve and enforce them, 170; how they became corrupted among mankind before Christianity, 170; how effected by the press, 171; their natural progress, 171; their rapid succession in modern times, 171.

Impiety allies itself with liberty or despotism to suit its purpose, 388.

Incredulity in Europe the fruit of Protestantism, 60; spirit of, has lost much of its strength, 70.

Independence, personal, feeling of, existed among the Greeks and Romans, 124.

Indifference, religious, in Europe, the fruit of Protestantism, 60.

Individual, the, how absorbed by the state among the ancients, 127; fatal effects of the complete annihilation of the feelings of respect for, in society, 129; witnessed among nations not Christians, 129.

Individuals, how the freedom of, was fettered among the ancient republics, 130; every thing ruled by the state, 130.

Inquisition, the, misrepresentations with regard to that of Spain, 203; its duration may be divided into three periods, 205; appeals from it to Rome, 207; indulgence of the latter, 203; interference of the Popes to soften the rigours of, 203; mildness of that of Rome, 203; no case of capital sentence pronounced by it, 203; rigours of that of Spain in the time of Philip II. caused by the Protestants themselves, 214; compels a preacher to retract who, in the presence of Philip II., had maintained that kings have absolute power over their subjects, 218; became milder with the spirit of the age, 218; remarks thereon, 452; appellants to Rome from, forbidden to return to Spain under pain of death by pragmatic sanction of Ferdinand and Isabella, 454; how affected by the policy of the Spanish kings, 455; the latter earnestly endeavoured to have the judgment in Spain made final, without appeal, which the Popes refused, 455; affected impartiality of writers with regard to it, 455. See _Perez_, _Puigblanch_, _Villanueva_, _Llorente_, and _Jomtob_.

Institutions, religious, opposed by Protestantism and philosophers, 219; their importance and connexion with religion herself, 221; have survived the attempts made to destroy them, 221; their nature described, 222; their object, 222; are perfectly conformable to the spirit of the Christian religion, 223; their commencement, according to Cassian, 223; have always existed in the Church from the time of Constantine, 223; conduct of the Popes towards them, 224; their accordance with the Gospel precepts, 225; their effects on the human mind, 226; their services and necessity, 227; their necessity for the salvation of society, 275; not inconsistent with the improvements of modern times, 280; historical view of them, 458; _coup d'œil_ at their origin and development, 458-9.

Institutions, free, injured by Protestantism, 363.

Institutions, their study, 248; necessity of understanding the times when they existed, 248.

Intellect, the, its development, how affected by Catholicity, 392; influence thereof upon, historically examined, 393; its relations with religion, 404; its development among the nations of Europe different from that of those of antiquity, 405; causes that have hastened its development in Europe, 405; origin of the spirit of subtlety, 406; service rendered to it by the Church in opposing the subtleties of the innovators, 403; its progress from the eleventh century to our times, 412; different phases, 412.

Intolerance, that of some irreligious men, 194; of the Romans, 196; of the pagan emperors, 196; has continued from the establishment of Christianity by the state, in various forms, down to the present time, 196; recent instances of it, 196; case of France examined, 197; doctrine which condemns all intolerance with regard to doctrines and actions discussed and refuted, 198; consequences which would flow from it, 198; would produce impunity for crimes, 198; civil and religious, distinguished, 450; mistaken by Rousseau, 450; its existence in ancient and modern times held by some Protestants, 451.

Irreligion, spirit of, has lost much of its strength, 70.

Isabella, part taken by, in the establishment of the Inquisition in Spain, 205.

Jansenists, the, described, 62.

Jerome, (St.), on the name Catholic not being given to heretics, 422.

Jesuits, importance of, in the history of civilization, 268; their eminent services, 269; error and contradiction of M. Guizot in their regard, 270; false charges against, 271.

Jews, the slaves of, protected by decrees of Councils, 107; struggle between truth and error among, 170; how the truth was preserved, 170; their avarice, 206; popular hatred against, 206; atrocities charged against them by the people, 207; pragmatic sanction of Ferdinand and Isabella with regard to, 454; law of Philip II. against, 455.

John de Ste. Marie, extracts from, on Christian politics, 463.

Jomtob, Nathaniel, his work called _The Inquisition Unveiled_, 456; his prejudice and vulgar abuse, 456.

Judaizers pursued by the Inquisition, 209.

Justin, on martyrdom, 132; his _Apology_, 286.

Justinian gives bishops the control of hospitals, 450.

Kings, inviolability of, 337; greatest increase of the power of, in Europe, dates from the appearance of Protestantism, 363.

Knowledge, state of, when Christianity appeared, 85; sterility of, in creating social institutions, 85.

Laborers, protected by the Council of Rheims, 182.

Lacordaire (l'Abbé) on the Spanish Inquisition, 210.

Lamennais (l'Abbé), his attempt to ally Catholicity with extreme democracy, 131; his doctrines on government compared with those of St. Thomas, 338.

Las Casas, exertions of, in favor of the native Americans related by Robertson, 442.

Lateran, general Council of, confirms the truce of God, 181; eleventh general Council of, forbids the maltreatment of monks, clergy, pilgrims, merchants, peasants, and the shipwrecked, 182.

Law, the divine, false interpretation of, 284; St. John Chrysostom on, 285; according to Bellarmine, 291.--See _St. Thomas_, _Suarez_, _Gotti_, _Busenbaum_, _Liguori_, _Billuart_, _and the Compendium Salmaticense_.

Law.--See _St. Thomas_.

League, the Hanseatic, described, 354.

Legislation, that of Rome described, 86; was probably influenced by Christianity, 86.

Leibnitz, his negotiations with Bossuet to re-unite the Churches, 61; his theological system contains the chief dogmas of Catholicity, 424.

Lepers, ordered to be maintained at the expense of the Church, 187.

Lerida, Council of, excludes those at variance from the body and blood of Christ, 176; decrees seven years' penance against infanticide, 184.

Leyden, John of, his excesses at Munster, 426.

Liberty, a word ill understood, 79; examples of, 79; how limited, 79; Catholicity favorable to its true spirit, 80; true nature of, 228; according to Catholic doctors, 311; political freedom owes nothing to Protestantism, 352; Catholicity favorable to it, 352; why it has fallen into bad repute with some, 362; considered in relation to religious intolerance, 382; cannot subsist without morality, 389; remarkable passage from Augustin on the subject, 390.

Lillebonne, Council of, enforces the truce of God, 180.

Llandaff, Council of, 177.

Llorente, his History of the Inquisition, 457; his attempt to introduce schism and heresy into Spain, 457; his misrepresentation, 457; burns a portion of the documents belonging to the Inquisition of Madrid, 457.

London, Council of, 106.

Louis of Bavaria, the doctrine that the imperial power comes immediately from God maintained by the princes of the empire in his time, 462.

Love, passion of, its effects, 143; how treated by Catholicity and Protestantism, 144; advantages of the course pursued by the former, 145.

Luther, his opinion on polygamy, 138; effects which his doctrines would have had, had they been proclaimed sooner, 138; his intolerance towards the Jews, 209; specimens of his violence, grossness, and intolerance, 421; his evidence against Catholicity, 423; his interview with the Devil, 425; infidel passages from his writings, 428.

Lyons, Council of, 105; Council of, see _Lepers_; poor men of, described, 251.

Mâcon, Councils of, 104.

Manichees, unusual severities exercised towards, 204; description of, 252.

Manners, gentleness of, one of the characteristics of European civilization, 172; wherein it consists, 172; exists in advanced societies, 172; not found in young nations, 172; did not exist among the Greeks and Romans, 173; causes of this, 173; their excessive corruption among the ancients, 445.

Mariana, his popular doctrines, 312; on the liberties of Spain, 481.

Marquez, P., on the disputes between rulers and their subjects, 482; on the levying of taxes, and the right of rulers over the property of their subjects, 483.

Marriage, doctrines of Catholicity and Protestantism with regard to, compared, 136; importance of guarding the sanctity of, 139; not admitted as a sacrament by Protestantism, 139; different conduct of Catholicity and Protestantism with regard to, 140.

Martyrs, heroism of the Christian, 132.

Matha, John of, one of the founders of the Order of the most holy Trinity for the Redemption of Captives, 259.

Mathematics, obscurity of their first principles, 425.

Melancthon, his complaints against the other Reformers, 421; superstitions of, 426.

Merchants protected by Councils, 182.

Merida, Council of, 100.

Missions, their unity broken by Protestantism, 260; injury thereby done to them, 263; what they might have effected had it not appeared, 263; what united efforts effected in earlier times, 264; need of, on a large scale, for the conversion of the heathen, 265; zeal displayed by the Church in the promotion of, in latter times, 266; powerful means for promoting at the command of Rome before unity was broken, 266.

Monarchy, why hereditary is preferable, 143; idea formed of, in the sixteenth century, 346; application thereof, 347; in what it differed from despotism, 347; what it was in the sixteenth century, 347; its relations with the Church, 348; when necessary in Europe, 356; different character of, in Europe and Asia, 357; passage from De Maistre on, 358; institutions for limiting it, 358; it acquired strength in the sixteenth century, 361; prevailed over free institutions, 362; causes of this, 370.

Monasteries, those in the east established in imitation of the solitaries, 235; causes of their decline, 235; services they might have rendered to literature, 236; what they did for knowledge, 236; those of the west established, 238; their effects, 238; property rendered sacred, 239; their property, 239; their claims thereto, 239; their improvements, 240; encouragement given to the country life, 240; their services to Germany, France, Spain, and England, 240; great men they produced, 240; their services to science and letters, 240; their civilizing effects, 242; new forms assumed by them in the twelfth and thirteenth centuries, 242; their objects, 243; benefits they conferred on mankind, 243.

Monks, protected by Councils, 180.

Monogamy not owing to climate, 138.

Montaigne on the Reformation, 61; his infidel sentiments changed at his death, 429.

Montanus, Arias, employed by Philip II. to collect books and MSS., 218.

Montesquieu on the principle of honor in monarchies, 162; that of virtue in republics, 161; he is bound by his theory, 165; on the destruction of monasteries and hospitals in England by Henry VIII., 185; his doctrine with regard to the latter, 186.

Montpellier, Council of, its decrees to secure peace, 181.

Moors, the, dread of their power in Spain, 205; papal bull in favor of, 209; law of Philip III., expelling them, 454.

Napoleon and the Spanish nation, 331.

Narbonne, Council of, its decree in favor of the truce of God, 179.

Nationality, importance of, 76.

Nicholas, a fanatic who taught that it was good to continue in sin that grace might the more abound, 427.

Nuns, protected by the Council of Rouen, 181.

Obedience, motives of, founded on the will of God, 97.

Olive trees, why protected by the Council of Narbonne, 180.

Opinions, the rapid succession of, in modern times, 171.

Opinion, public, influence of, on morals, 163.

Orange, Council of, its decree in favor of slaves, 103.

Orders, the religious-military described, 242; the mendicant ditto, 252; the necessity for the latter, 253; their popular nature, 254; their influence, 254; were the work of God, 254; their relations with the Pontiffs, 256; those for the redemption of captives, 257; visions inspiring them, 259; their founders, 259.

Orleans, Council of, its decree in favor of slaves, 100, 103, 107; forbids any one to be armed at church, 176; protects hospitals, 187; the poor and prisoners, 187.

Oxford, Council of, its decree against robbers, 182.

Pacts, 298.

Paganism described by St. Augustin, 89.

Palafox, on the duties of kings, princes, and magistrates, 321; on taxes and tyranny, 483.

Palentia, Council of, protects the defenceless, 182.

Papin, evidence of, in favor of Catholicity, 424.

Paris, trades-union of, 354.

Passions, the, differently treated by Catholicity and by Protestantism, 140; why so active in times of public disturbance, 143.

Patrick, (St.), Council of, 105.

Paul, (St.), his Epistle to the Romans, 459.

Peasants.--See _Lateran_.

Penance, efficacy of the sacrament of, 167.

Perez, on the condemnation of a preacher for absolutist doctrines by the Inquisition of Spain, 455.

Peter, (St.), of Arbues, his murder by the Jews not a proof of the unpopularity of the Inquisition, 207; tumult occasioned thereby, 207.

Peter, (St.), Nolasco, founds the Order of Mercy for the Redemption of Captives, 259.

Philanthropy, inadequate for works of beneficence without Christian Charity, 189.

Philosophers, the irreligions of the last century preferred pagan to Christian institutions, 161.

Philosophy, schools of, can destroy but not create, 171.

Philip II. of Spain did not institute the Inquisition, but continued it, 210; why so much attacked by Protestants, 210; probability that the attempts made to introduce Protestantism into Spain in his time would succeed, owing to the circumstances of the times, 211; his conduct to Carranza, 213; his services to Catholicity, 215; general feeling in his reign with regard to cruel punishments very different from the present, 217; his patronage of literature, 218; his letter to Arias Montanus, 456. --See _Inquisition_.

Pilgrims protected by Councils, 181.

Pitt, anecdote of, 76.

Pius II. (Pope), his apostolic letters against slavery, 439.

Pius VII. (Pope), interposes to abolish the slave trade, 441.

Plato, immoral doctrines of, 422.

Polygamy, not the effect of climate, 138.

Poor, the, regulations of Councils in favor of, 187.

Popes, the, services they rendered to society by preserving the sanctity of marriage, 137; support the truce of God, 181; their attempts to mitigate the rigour of the Spanish Inquisition, 208; appoint judges of appeal, 208; their intolerance compared with the tolerance of Protestantism, 208; their temporal powers, 340; doctrines of theologians with regard to them in case they should fall into heresy, 342; nature, origin, and effects of their temporal power, 386; list of titles given to, in ancient times, 423.

Power, origin of, 284; the paternal, considered with regard to the civil, 286; the latter, according to Bellarmine, resides _immediately_ in the people, 292; divine origin of, 298; violence of, when illegitimate, 303; _mediate_ and _immediate_ transmission of, 305; this distinction important in some respects and unimportant in others, 306; why Catholic divines have so zealously supported the _mediate_, 308; faculties of the civil, 317; calumnies of the opponents of the Church on this point, 317; resistance to the civil, 324; comparison between Catholicity and Protestantism on this point, 327; vain timidity of some minds on this point, 324; obedience to the civil, taught by Catholicity when legitimate, 325; civil distinguished from spiritual, 326; conduct of Catholicity and Protestantism with respect to the separation of the two, 326; the independence of the spiritual, a guarantee for the liberty of the people, 326; doctrines of St. Thomas on obedience to the civil, 328; doctrines of St. Thomas, Bellarmine, Suarez, &c. on resistance to the civil, in extreme cases, 338.

Preaching, that of Protestantism without authority, 167. --See _Protestantism_.

Prebendaries, bound to give a tenth of their fruits to an hospital, 188.

Press, the effects of, on opinions, 171.

Prisoners, exertions of the Church in favor of, 187.

Protestantism, present condition of, 64; attempts to preserve itself by violating its fundamental principle, 64; causes of its continuance, 64; has almost entirely disappeared as a fixed creed, but remains as a body of sects, 65; its positive doctrines repugnant to the instinct of civilization, 68; its essential principle one of destruction, 69; can boast only of its ruins, 69; was the work of human passions, and not of God, 69; effects which even its partial introduction into Spain would produce, 74, 76, 78; advantages of the practice of preaching preserved by, 90, 166; its preaching is without authority, 167; its doctrine with respect to errors of the mind, 199; effects which its introduction into Spain would have produced, 216; would have broken the unity of the Spanish monarchy, 216; is opposed to vows and celibacy, 219; its appearance, 262; its effects in breaking the unity of European civilization, 262; divided the missionaries among themselves, 263; disastrous effects of, 267; exalts the temporal power at the expense of the spiritual, 308; its relations with liberty, 343; real state of the case on this point, 344; its origin aristocratic, 355; not favorable to the poor, 355; has contributed to destroy free institutions, 363; fearful state of Europe after it appeared, 369; political doctrines prevailing in Europe before its appearance compared with those of modern publicists and the school of the eighteenth century, 374; has prevented the homogeneity of European civilization, 375; historical proofs, 376; compared with Catholicity with regard to learning, criticism, the learned languages, the foundation of universities, the progress of literature and the arts, mysticism, high philosophy, metaphysics, morals, religious philosophy, and the philosophy of history, 412; evidences against, from Luther, Melancthon, Calvin, Beza, Grotius, Papin, Puffendorf, and Leibnitz, 423; its superstition and fanaticism, 425; bad faith of its founders, 428; passages proving this, 428; progress of infidelity soon after its appearance proved from Luther, Brentzen, Gruet, and Montaigne, 428.

Puffendorf, his false theory of society, 304; evidence of, against Protestantism, 423.

Puigblanch.--See _Jomtob_.

Punishments, right of inflicting capital, derived from God, 300; cannot come from pacts, 300; mildness of, among barbarian nations not a proof of civilization but of indifference to crime, 447; immense superiority of the legislation of the Church with respect to, according to M. Guizot, 447.

Regulus, virtue bordering on ferocity, 104.

Religion, always existed in some shape among the greater part of mankind, 66; power of, in Spain, 76; condition of, when Christianity appeared, 84; atrocities committed in the name of, by Catholics and Protestants, 204; importance of, to the civil power, 311; corruption of, among the ancients, 445.

Revolutions, those of modern times, 389; difference between that of the United States of America and that of France, 389.

Rheims, Councils of, 104; commands that the clergy, monks, women, travellers, laborers, and vine-dressers shall be respected during war, 182; protects the poor, 187.

Robertson.--See _Dominicans_ and _Las Casas_.

Romans, the, their savage heroism not tolerated by the mild spirit of Christianity, 104; futile attempts made to imitate them, 128; their manners effeminate without being gentle, 173.

Rome, legislation of, 86; how affected by Christianity, 86; vice of her political organization, 87; Council of, its decrees in favor of slaves, 109; the court of, endeavors to mitigate the severity of the Spanish Inquisition, 208; mildness of the Inquisition at Rome compared with that in other places, 208; no instance of a capital sentence having been pronounced thereby, 208; the decline and fall of the empire of, 229.

Roscelin described, 400; compared with St. Anselm, 407.

Rouen, Council of, its decree in favor of the truce of God, 181.

Rousseau, doctrines of, 282; his appeal to the passions, 288; his _Contrat Social_, 299; his misrepresentation of Catholicity, 450; doctrines of his _Contrat Social_, 451; his intolerance, 451.

Saavedra, his popular doctrines, 313.

Salamanca, Compendium of, on the transmission of power by the people's consent, 295.

Sciences, the natural and social compared, 85.

Scipio, story of, 165.

Self-defence, right of, alleged as a plea for the intolerance of governments, 202.

Seneca, on the worship of the gods, 316.

Sigebert, historical labors of, 241.

Slaves, their large numbers among the ancients, 91; their numbers at Athens, Sparta, Rome, and in the eastern countries, 91; opinions of Plato and Aristotle regarding them, 91; their treatment, 91; dangers from their numbers, 91; their rebellions, 92; their immediate emancipation impracticable, 93; the Church did all that could be done in their favor, 94; difficulties she had to contend with in their emancipation, 94; conduct, designs, and tendencies of the Church favorable to them, 94; their natural inferiority to freemen proclaimed by the heathen philosophers, 95; their natural equality with them inculcated by the Scriptures and the Church, 97; motives for their obedience, 97; their ill-treatment, 98; spirit of hatred and revolts thereby caused, 98; St. Paul's instructions to them, 98; power of life and death possessed over them by their masters, and cruelties exercised, 99; scene from Tacitus, 99; St. Paul intercedes for one of them, 100; ill-treatment of them forbidden by Councils of the Church, 100; she substitutes public trial for private vengeance in their regard, 101; the clergy forbidden to mutilate them, 101; she condemns to penance those who put them to death of their own authority, 101; she protects those newly emancipated, 103; those of the Church not allowed to be sold or exchanged, 109; those who embrace the monastic state are freed by decree of the Council of Rome, 109; abuse thereof, 109; were raised to the priesthood, but not until they had been freed, 110; prevalence of the abuse of ordaining slaves without the consent of their masters, 110; the Church protects their marriages, and forbids them to be dissolved by their masters, 113.--See _Councils_.

Slavery, the offspring of sin, 112.

Society, will always be either religious or superstitious, 67; modern, described, 72; its progress, 82; condition of, when Christianity appeared, 84; present state of, 274; administration alone not adequate to its wants 276; principle of charity required, 276; physical means of restraining the masses of, 278; moral means required, 280; origin of, according to St. Thomas, 289; not the work of man, 291; not to be saved by strict political doctrines, without religion and morality, 314; why modern conservative schools are powerless in preserving it, 315; struggle therein between the three elements, monarchy, aristocracy, and democracy, 369.

Solitaries, the early, described, 231; numbers of, 231; influence of, in spiritualising ideas and improving morals, 232; overcome the difficulties of the luxurious and enervating climate, 234; great men who received their inspirations from them, 234.

Spain, effects which the partial introduction of Protestantism would have produced there, 74, 76, 77; power of religious ideas there, 76; peculiar manner in which revolutionary ideas have come into operation there, 77; has not yet obtained the government which she requires, 78; effects of the loss of her national unity, 78; her intolerance in religious matters not so great as it has been represented, 218; bold language used there with regard to politics, 312; industrial progress therein, 354; Catholicity and politics there, 377; real state of the question, 377; causes of the ruin of her free institutions, 378; ancient and modern freedom, 378; _Communeros_ of Castile, 379; policy of her rulers, 380; Ferdinand, Ximenes, Charles V., and Philip II., 381.

Stephen, (Abbot), his account of the excesses committed by the Manichees in France, 252.

Suarez, on the origin of power, 294; his reply to King James I. of England, 294; on the disputes between subjects and their rulers, 473.

Subtlety, spirit of, in the middle ages, its causes, 406.

Tacitus, scene from, of cruelty to slaves, 99; on the ancient Germans with regard to women, 152; his description of their manners, why embellished, 152.

Tact, value of, 171.

Tanchème, excesses of, 250.

Telugis, Council of, ordains the truce of God, 180.

Tertullian, apology of, 286.

Theodosius, the emperor, excluded from the Church by St. Ambrose, for the slaughter at Thessalonica, 178.

Theories, rapid succession of, in modern times, 171.

Theresa, St., extracts from the visions of, 427.

Thierry, M., his history of the Conquest of England by the Normans, 120.

Thomas, St., of Aquin, extract from, on the origin of society, 289; on the Divine law, 290; his definition of law, 319; his doctrines with regard to laws and royal power, 319; on obedience to laws, 328; utility of his dictatorship in the schools in the middle ages to the human mind, 411; passages from, on the duties of rulers and subjects, 470; his doctrines on the forms of government, 480.

Times, superiority of the primitive, has been exaggerated, 422.

Toledo, Councils of, 103, 107, 108, 111.

Toleration, how misunderstood and misrepresented, 190; prejudices against Catholicity with regard to, 190; principle of, considered, 191; in religious men is the produce of two principles, charity and humility, 191; illustrations, shewing how they are affected by intercourse with the world on this point, 192; that of some irreligious men, 194; considered in society and governments, 194; its existence in society not owing to the philosophers, 195; its causes, 195; principle of universal, discussed, 196.

Tours, Council of, ordains that the poor shall be supported in their own town or parish, 187.

Trades-corporations, origin and salutary effects of, 477.

Trades-union.--See _Paris_.

Trajan, the emperor, 6000 gladiators slain at his games, 174.

Transubstantiation, discussion with regard to, in consequence of the philosophy of Descartes, 397.

Trent, Council of, gives bishops the power of visiting hospitals, 449.

Troja, Councils of, promote the truce of God, 180.

Truce of God described, 179; established by Church Councils, 179; supported by Popes, 180.

Truth, described, 69.

Tubuza, Council of, establishes the truce of God, 179.

Unbelievers, doctrines of, with regard to errors of the mind, 200.

Universities, those founded by Catholicity, 414.

Vaison, Council of, decree of, in favor of foundlings and against infanticide, 184.

Valois, Felix of, one of the founders of the Order of the Most Holy Trinity for the Redemption of Captives, 259.

Vaudois, described, 252.

Verneul, Council of, 105.

Villanueva, prejudice and egotism of, 457.

Vine-dressers, protected by the Council of Rheims, 182.

Virginity, respected by the ancients, &c., but not by Protestantism, 146; how important that it should be respected, 146; not injurious to the state, 147; its effects on the female character, 149.

Visions, (see _Orders_); effects of, 259; those of Catholics, 427.

Vives, Louis, on human knowledge, 424.

Voltaire described, 63; extract from, on the importance of the morals of courts to society, 137.

Vows, vindication of religious, 228; those of chastity in the early ages of the Church, 458.

Widows, their vows of chastity in the early ages of the Church, 458.

Witmar, a German monk, his chronicles much esteemed 241; used by Leibnitz, 241.

Women, degraded condition of, among the ancients, 136, 441; their elevation due entirely to Catholicity, 136, 156; how affected by chivalry, 150; their elevation falsely ascribed to the ancient Germans, 151; protected by Councils, 182.

Worms, Council of, excommunicates those who refuse to be reconciled, 177.

Zeballos, P., on Christian politics and Naboth's vineyard, 467.

Ziegler, a Lutheran, an ardent defender of the immediate communication of temporal power, 463.

Zonarus, on charitable establishments, 187.

Zuinglius, his phantom, 426.

THE END.

* * * * *

Transcriber's Notes

Obvious typographical errors have been silently corrected.

Hyphenation and accents have been standardised.

Apart from the items mentioned below all other spellings and punctuation are as in the original.

Develop and develope, idealog(y/ist) and ideolog(y/ist) are used interchangeably in the book. They have been standardised to the standard modern spelling of develop and ideology.

Variations in the use/spelling of derivatives of the Latin propius (pages 473a, 474a and 490a), while possibly incorrect, have been left as published as they seem unlikely to be typographical errors.

Zuinglius/Zwinglius. The former spelling is used in the body of the book and the latter in the notes. This has not been changed.

A note on notes: upper case references [A] refer to conventional footnotes, lower case references [a] refer to the endnotes in the appendix, numeric references [1] refer to the main endnotes.

The reference to note 1 in the original reads "(See note at the end of the vol.)" the [1] has been added to improve clarity and uniformity.

The quotation on page 313: '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.' is missing a closing quote. as it may be absent from 'drawn.' or 'former.' it has not been corrected.

Entries for NOTES, APPENDIX and INDEX have been added to the table of contents.