Chapter 18

[Footnote 180: Le Cardinal Barberini, que je tiens pour Serviteur du Roy, a parlé franchement sur ceste affaire, et m'a dit qu'il croyoit presqu'impossible qu'il se trouve jamais remede, si vous ne la voulez recommencer; disant que depuis le commencement jusqu'à la fin vous vous estes monstré du tout passionné contre ce qui est de l'honneur et de la grandeur de l'Église, qu'il se trouvera dans vostre histoire que vous ne parlez jamais des Catholiques qu'avec du mépris et de la louange de ceux de la religion; que mesme vous avez blasmé ce que feu Monsieur le président de Thou vostre père avoit approuvé, qui est la S. Barthelemy (De Brèves to De Thou, Rome, Feb. 18, 1610; Bib. Imp. F. Dupuy, 812).]

[Footnote 181: Crudelitatisne tu esse ac non clementiae potius, pietatisque putas? (_Resp. ad Ep. Casauboni_, 1612, p. 118).]

[Footnote 182: Quae res uti Catholicae Religioni sublevandae opportuna, ita maxime jucunda Gregorio accidit (_Hist. Pontif. Gregori XIII._, p. 30).]

[Footnote 183: _Histoire d'Orléans_, pp. 421, 424.]

[Footnote 184: Germain to Bretagne, Rome, Dec. 24, 1685; Valery, _Corresp. de Mabillon_, i. 192.]

[Footnote 185: Du Molinet, _Hist. S. Pont. per Numismata_, 1679, 93; Buorranni, _Numismata Pontificum_, i. 336.]

[Footnote 186: _Annali d'Italia_ ad ann. 1572.]

[Footnote 187: Si huviera respirado mas tiempo, huviera dado a entender al mundo, que avia Rey en la Francia, y Dios en Israel (_Vida de S. Francisco De Borja_, 446).]

[Footnote 188: _Vita di Sisto V._, i. 119.]

[Footnote 189: Quo demum res evaderent, si Regibus non esset integrum, in rebelles, subditos, quietisque publicae turbatores animadvertere? (_Apparatus Eruditionis_, vii. 503; Piatti, _Storia de' Pontefici XI._, p. 271).]

[Footnote 190: Per le notizie che ricevette della cessata strage (Moroni, _Dizionario di Erudizione Ecclesiastica_, xxxii. 298).]

[Footnote 191: [1868.]]

[Footnote 192: _Kirchengeschichte_, iii. 211.]

V

THE PROTESTANT THEORY OF PERSECUTION[193]

The manner in which Religion influences State policy is more easily ascertained in the case of Protestantism than in that of the Catholic Church: for whilst the expression of Catholic doctrines is authoritative and unvarying, the great social problems did not all arise at once, and have at various times received different solutions. The reformers failed to construct a complete and harmonious code of doctrine; but they were compelled to supplement the new theology by a body of new rules for the guidance of their followers in those innumerable questions with regard to which the practice of the Church had grown out of the experience of ages. And although the dogmatic system of Protestantism was not completed in their time, yet the Protestant spirit animated them in greater purity and force than it did any later generation. Now, when a religion is applied to the social and political sphere, its general spirit must be considered, rather than its particular precepts. So that in studying the points of this application in the case of Protestantism, we may consult the writings of the reformers with greater confidence than we could do for an exposition of Protestant theology; and accept them as a greater authority, because they agree more entirely among themselves. We can be more sure that we have the true Protestant opinion in a political or social question on which all the reformers are agreed, than in a theological question on which they differ; for the concurrent opinion must be founded on an element common to all, and therefore essential. If it should further appear that this opinion was injurious to their actual interests, and maintained at a sacrifice to themselves, we should then have an additional security for its necessary connection with their fundamental views.

The most important example of this law is the Protestant theory of toleration. The views of the reformers on religious liberty are not fragmentary, accidental opinions, unconnected with their doctrines, or suggested by the circumstances amidst which they lived; but the product of their theological system, and of their ideas of political and ecclesiastical government. Civil and religious liberty are so commonly associated in people's mouths, and are so rare in fact, that their definition is evidently as little understood as the principle of their connection. The point at which they unite, the common root from which they derive their sustenance, is the right of self-government. The modern theory, which has swept away every authority except that of the State, and has made the sovereign power irresistible by multiplying those who share it, is the enemy of that common freedom in which religious freedom is included. It condemns, as a State within the State, every inner group and community, class or corporation, administering its own affairs; and, by proclaiming the abolition of privileges, it emancipates the subjects of every such authority in order to transfer them exclusively to its own. It recognises liberty only in the individual, because it is only in the individual that liberty can be separated from authority, and the right of conditional obedience deprived of the security of a limited command. Under its sway, therefore, every man may profess his own religion more or less freely; but his religion is not free to administer its own laws. In other words, religious profession is free, but Church government is controlled. And where ecclesiastical authority is restricted, religious liberty is virtually denied.

For religious liberty is not the negative right of being without any particular religion, just as self-government is not anarchy. It is the right of religious communities to the practice of their own duties, the enjoyment of their own constitution, and the protection of the law, which equally secures to all the possession of their own independence. Far from implying a general toleration, it is best secured by a limited one. In an indifferent State, that is, in a State without any definite religious character (if such a thing is conceivable), no ecclesiastical authority could exist. A hierarchical organisation would not be tolerated by the sects that have none, or by the enemies of all definite religion; for it would be in contradiction to the prevailing theory of atomic freedom. Nor can a religion be free when it is alone, unless it makes the State subject to it. For governments restrict the liberty of the favoured Church, by way of remunerating themselves for their service in preserving her unity. The most violent and prolonged conflicts for religious freedom occurred in the Middle Ages between a Church which was not threatened by rivals and States which were most attentive to preserve her exclusive predominance. Frederic II., the most tyrannical oppressor of the Church among the German emperors, was the author of those sanguinary laws against heresy which prevailed so long in many parts of Europe. The Inquisition, which upheld the religious unity of the Spanish nation, imposed the severest restrictions on the Spanish Church; and in England conformity has been most rigorously exacted by those sovereigns who have most completely tyrannised over the Established Church. Religious liberty, therefore, is possible only where the co-existence of different religions is admitted, with an equal right to govern themselves according to their own several principles. Tolerance of error is requisite for freedom; but freedom will be most complete where there is no actual diversity to be resisted, and no theoretical unity to be maintained, but where unity exists as the triumph of truth, not of force, through the victory of the Church, not through the enactment of the State.

This freedom is attainable only in communities where rights are sacred, and where law is supreme. If the first duty is held to be obedience to authority and the preservation of order, as in the case of aristocracies and monarchies of the patriarchal type, there is no safety for the liberties either of individuals or of religion. Where the highest consideration is the public good and the popular will, as in democracies, and in constitutional monarchies after the French pattern, majority takes the place of authority; an irresistible power is substituted for an idolatrous principle, and all private rights are equally insecure. The true theory of freedom excludes all absolute power and arbitrary action, and requires that a tyrannical or revolutionary government shall be coerced by the people; but it teaches that insurrection is criminal, except as a corrective of revolution and tyranny. In order to understand the views of the Protestant reformers on toleration, they must be considered with reference to these points.

While the Reformation was an act of individual resistance and not a system, and when the secular Powers were engaged in supporting the authority of the Church, the authors of the movement were compelled to claim impunity for their opinions, and they held language regarding the right of governments to interfere with religious belief which resembles that of friends of toleration. Every religious party, however exclusive or servile its theory may be, if it is in contradiction with a system generally accepted and protected by law, must necessarily, at its first appearance, assume the protection of the idea that the conscience is free.[194] Before a new authority can be set up in the place of one that exists, there is an interval when the right of dissent must be proclaimed. At the beginning of Luther's contest with the Holy See there was no rival authority for him to appeal to. No ecclesiastical organism existed, the civil power was not on his side, and not even a definite system had yet been evolved by controversy out of his original doctrine of justification. His first efforts were acts of hostility, his exhortations were entirely aggressive, and his appeal was to the masses. When the prohibition of his New Testament confirmed him in the belief that no favour was to be expected from the princes, he published his book on the Civil Power, which he judged superior to everything that had been written on government since the days of the Apostles, and in which he asserts that authority is given to the State only against the wicked, and that it cannot coerce the godly. "Princes," he says, "are not to be obeyed when they command submission to superstitious errors, but their aid is not to be invoked in support of the Word of God."[195] Heretics must be converted by the Scriptures, and not by fire, otherwise the hangman would be the greatest doctor.[196] At the time when this was written Luther was expecting the bull of excommunication and the ban of the empire, and for several years it appeared doubtful whether he would escape the treatment he condemned. He lived in constant fear of assassination, and his friends amused themselves with his terrors. At one time he believed that a Jew had been hired by the Polish bishops to despatch him; that an invisible physician was on his way to Wittenberg to murder him; that the pulpit from which he preached was impregnated with a subtle poison.[197] These alarms dictated his language during those early years. It was not the true expression of his views, which he was not yet strong enough openly to put forth.[198]

The Zwinglian schism, the rise of the Anabaptists, and the Peasants' War altered the aspect of affairs. Luther recognised in them the fruits of his theory of the right of private judgment and of dissent,[199] and the moment had arrived to secure his Church against the application of the same dissolving principles which had served him to break off from his allegiance to Rome.[200] The excesses of the social war threatened to deprive the movement of the sympathy of the higher classes, especially of the governments; and with the defeat of the peasants the popular phase of the Reformation came to an end on the Continent. "The devil," Luther said, "having failed to put him down by the help of the Pope, was seeking his destruction through the preachers of treason and blood."[201] He instantly turned from the people to the princes;[202] impressed on his party that character of political dependence, and that habit of passive obedience to the State, which it has ever since retained, and gave it a stability it could never otherwise have acquired. In thus taking refuge in the arms of the civil power, purchasing the safety of his doctrine by the sacrifice of its freedom, and conferring on the State, together with the right of control, the duty of imposing it at the point of the sword, Luther in reality reverted to his original teaching.[203] The notion of liberty, whether civil or religious, was hateful to his despotic nature, and contrary to his interpretation of Scripture. As early as 1519 he had said that even the Turk was to be reverenced as an authority.[204] The demoralising servitude and lawless oppression which the peasants endured, gave them, in his eyes, no right to relief; and when they rushed to arms, invoking his name as their deliverer, he exhorted the nobles to take a merciless revenge.[205] Their crime was, that they were animated by the sectarian spirit, which it was the most important interest of Luther to suppress.

The Protestant authorities throughout Southern Germany were perplexed by their victory over the Anabaptists. It was not easy to show that their political tenets were revolutionary, and the only subversive portion of their doctrine was that they held, with the Catholics, that the State is not responsible for religion.[206] They were punished, therefore, because they taught that no man ought to suffer for his faith. At Nuremberg the magistrates did not know how to proceed against them. They seemed no worse than the Catholics, whom there was no question at that time of exterminating. The celebrated Osiander deemed these scruples inconsistent. The Papists, he said, ought also to be suppressed; and so long as this was not done, it was impossible to proceed to extremities against the Anabaptists, who were no worse than they. Luther also was consulted, and he decided that they ought not to be punished unless they refused to conform at the command of the Government.[207] The Margrave of Brandenburg was also advised by the divines that a heretic who could not be converted out of Scripture might be condemned; but that in his sentence nothing should be said about heresy, but only about sedition and murderous intent, though he should be guiltless of these.[208] With the aid of this artifice great numbers were put to death.

Luther's proud and ardent spirit despised such pretences. He had cast off all reserve, and spoke his mind openly on the rights and duties of the State towards the Church and the people. His first step was to proclaim it the office of the civil power to prevent abominations.[209] He provided no security that, in discharging this duty, the sovereign should be guided by the advice of orthodox divines;[210] but he held the duty itself to be imperative. In obedience to the fundamental principle, that the Bible is the sole guide in all things, he defined the office and justified it by scriptural precedents. The Mosaic code, he argued, awarded to false prophets the punishment of death, and the majesty of God is not to be less deeply reverenced or less rigorously vindicated under the New Testament than under the Old; in a more perfect revelation the obligation is stronger. Those who will not hear the Church must be excluded from the communion; but the civil power is to intervene when the ecclesiastical excommunication has been pronounced, and men must be compelled to come in. For, according to the more accurate definition of the Church which is given in the Confession of Schmalkald, and in the Apology of the Confession of Augsburg, excommunication involves damnation. There is no salvation to be hoped for out of the Church, and the test of orthodoxy against the Pope, the devil, and all the world, is the dogma of justification by faith.[211]

The defence of religion became, on this theory, not only the duty of the civil power, but the object of its institution. Its business was solely the coercion of those who were out of the Church. The faithful could not be the objects of its action; they did of their own accord more than any laws required. "A good tree," says Luther, "brings forth good fruit by nature, without compulsion; is it not madness to prescribe laws to an apple-tree that it shall bear apples and not thorns?"[212] This view naturally proceeded from the axiom of the certainty of the salvation of all who believe in the Confession of Augsburg.[213] It is the most important element in Luther's political system, because, while it made all Protestant governments despotic, it led to the rejection of the authority of Catholic governments. This is the point where Protestant and Catholic intolerance meet. If the State were instituted to promote the faith, no obedience could be due to a State of a different faith. Protestants could not conscientiously be faithful subjects of Catholic Powers, and they could not therefore be tolerated. Misbelievers would have no rights under an orthodox State, and a misbelieving prince would have no authority over orthodox subjects. The more, therefore, Luther expounded the guilt of resistance and the Divine sanction of authority, the more subversive his influence became in Catholic countries. His system was alike revolutionary, whether he defied the Catholic powers or promoted a Protestant tyranny. He had no notion of political right. He found no authority for such a claim in the New Testament, and he held that righteousness does not need to exhibit itself in works.

It was the same helpless dependence on the letter of Scripture which led the reformers to consequences more subversive of Christian morality than their views on questions of polity. When Carlstadt cited the Mosaic law in defence of polygamy, Luther was indignant. If the Mosaic law is to govern everything, he said, we should be compelled to adopt circumcision.[214] Nevertheless, as there is no prohibition of polygamy in the New Testament, the reformers were unable to condemn it. They did not forbid it as a matter of Divine law, and referred it entirely to the decision of the civil legislator.[215] This, accordingly was the view which guided Luther and Melanchthon in treating the problem, the ultimate solution of which was the separation of England from the Church.[216] When the Landgrave Philip afterwards appealed to this opinion, and to the earlier commentaries of Luther, the reformers were compelled to approve his having two wives. Melanchthon was a witness at the wedding of the second, and the only reservation was a request that the matter should not be allowed to get abroad.[217] It was the same portion of Luther's theology, and the same opposition to the spirit of the Church in the treatment of Scripture, that induced him to believe in astrology and to ridicule the Copernican system.[218]

His view of the authority of Scripture and his theory of justification both precluded him from appreciating freedom. "Christian freedom," he said, "consists in the belief that we require no works to attain piety and salvation."[219] Thus he became the inventor of the theory of passive obedience, according to which no motives or provocation can justify a revolt; and the party against whom the revolt is directed, whatever its guilt may be, is to be preferred to the party revolting, however just its cause.[220] In 1530 he therefore declared that the German princes had no right to resist the Emperor in defence of their religion. "It was the duty of a Christian," he said, "to suffer wrong, and no breach of oath or of duty could deprive the Emperor of his right to the unconditional obedience of his subjects."[221] Even the empire seemed to him a despotism, from his scriptural belief that it was a continuation of the last of the four monarchies.[222] He preferred submission, in the hope of seeing a future Protestant Emperor, to a resistance which might have dismembered the empire if it had succeeded, and in which failure would have been fatal to the Protestants; and he was always afraid to draw the logical consequences of his theory of the duty of Protestants towards Catholic sovereigns. In consequence of this fact, Ranke affirms that the great reformer was also one of the greatest conservatives that ever lived; and his biographer, Jürgens, makes the more discriminating remark that history knows of no man who was at once so great an insurgent and so great an upholder of order as he.[223] Neither of these writers understood that the same principle lies at the root both of revolution and of passive obedience, and that the difference is only in the temper of the person who applies it, and in the outward circumstances.

Luther's theory is apparently in opposition to Protestant interests, for it entitles Catholicism to the protection of Catholic Powers. He disguised from himself this inconsistency, and reconciled theory with expediency by the calculation that the immense advantages which his system offered to the princes would induce them all to adopt it. For, besides the consolatory doctrine of justification,--"a doctrine original, specious, persuasive, powerful against Rome, and wonderfully adapted, as if prophetically, to the genius of the times which were to follow,"[224]--he bribed the princes with the wealth of the Church, independence of ecclesiastical authority, facilities for polygamy, and absolute power. He told the peasants not to take arms against the Church unless they could persuade the Government to give the order; but thinking it probable, in 1522, that the Catholic clergy would, in spite of his advice, be exterminated by the fury of the people, he urged the Government to suppress them, because what was done by the constituted authority could not be wrong.[225] Persuaded that the sovereign power would be on his side, he allowed no limits to its extent. It is absurd, he says, to imagine that, even with the best intentions, kings can avoid committing occasional injustice; they stand, therefore, particularly in need--not of safeguards against the abuse of power, but--of the forgiveness of sins.[226] The power thus concentrated in the hands of the rulers for the guardianship of the faith, he wished to be used with the utmost severity against unregenerate men, in whom there was neither moral virtue nor civil rights, and from whom no good could come until they were converted. He therefore required that all crimes should be most cruelly punished and that the secular arm should be employed to convert where it did not destroy. The idea of mercy tempering justice he denounced as a Popish superstition.[227]