"Although this controversy does not immediately concern the dogmas of faith (for we have nothing in reference to it either in the Scriptures or in the Fathers), it may nevertheless be well to discuss and explain it carefully; 1. because it might possibly lead to error in other dogmas; 2. because the above opinion of the King, as he maintains and explains it, is new, singular, and apparently invented to exalt the temporal at the expense of the spiritual power; and 3. because we consider the opinion of the illustrious Bellarmin ancient, received, true, and necessary." But we must not attribute these opinions to the circumstances of the times, nor suppose that they disappeared from the schools of theologians as soon as they were advanced. In support of them, a multitude of authors might very easily be cited, who would show that Suarez was correct in saying that the opinion of Bellarmin was received and ancient; they would, moreover, show that this doctrine continued to be admitted as a matter of course, without any doubt of its orthodoxy, or of its containing any thing dangerous to the stability of monarchies. In proof of what is here adduced, I will cite passages from distinguished authors, proving that at Rome this mode of explaining the right divine has never been called in question; and that in France and Spain, where absolute monarchy had taken so deep root, this opinion was no longer regarded as dangerous to the stability of thrones. A long period had already elapsed—the critical position which might more or less influence the direction of ideas had consequently disappeared, yet theologians still maintained the same doctrines. Cardinal Gotti, who wrote in the early part of the last century, gives, in his Treatise upon Laws, the above opinion as previously admitted, without even attempting to confirm it.[p] In the Moral Theology of Herman Busenbaum, enlarged by St. Alphonsus Liguori, book 1st, second Treatise upon Laws, (chap. i. dub. 2, § 104,) it is expressly said: "It is certain that the power of making laws exists among men, but as far as civil laws are concerned, this power belongs naturally to no individual. It belongs to the community, who transfer it to one or to more, that by them the community itself may be governed."
Should any one say that I quote the Jesuits only, or suspect that these doctrines are mere casuistry, I will cite remarkable passages from other theologians, who are neither casuists nor prepossessed in favor of the Jesuits. Father Daniel Concina, who wrote at Rome about the middle of the last century, supports the same doctrine as generally admitted; in his Théologie chrétienne dogmatico-morale, Roman edition, 1768, he expresses himself as follows:[q] "All writers generally assert that the origin of supreme power is of God, as Solomon declares in the Book of Proverbs, c. viii., saying, 'By Me kings reign, and lawgivers decree just things:' as truly as subordinate princes are dependent upon the supreme temporal majesty, so, in like manner, this majesty itself must depend upon the supreme King and Lord of lords. Theologians and jurists dispute whether this supreme power comes immediately from God, or merely in an indirect manner. Many affirm that it emanates immediately from God, because it cannot emanate from men, whether we consider them collectively or individually; for all fathers of families are equal, and each possesses, with regard to his own family, a power merely economical; from which it follows, that they cannot confer upon others that civil and political power which they themselves do not possess. Moreover, if the community, in its superiority, had delegated to one or to more the power here under discussion, it could revoke it at pleasure, for the superior is always at liberty to withdraw the facilities he has delegated to another, and this would be very injurious to society.
"In support of the opposite opinion, many answer, and certainly with more probability and truth, that, in reality, all power proceeds from God, but that it is not delegated to any particular individual directly, unless by consent of civil society. That this power is not vested directly in any individual, but in the entire collection of men, is what St. Thomas expressly teaches (1, 2, qu. 90, art. 3, ad 2, et qu. 97, art. 3, ad 3), followed by Dominic Soto (lib. i. qu. 1, art. 3); by Ledesma (2 part. qu. 18, art. 3); and by Covarruvias (in Pract. cap. i.). The reason of this is evident; for as all men are born free with regard to civil society, no one has any civil power over another, since this power exists not in each, nor in any of them in a fixed manner; it follows, therefore, that it is vested in the whole collection of men. God does not confer this power by any special act distinct from creation, but it is a property of right reason, inasmuch as right reason dictates that men, united in one moral whole, shall prescribe, by express or tacit consent, in what manner society shall be governed, preserved, and upheld."
It is proper to remark, that Father Concina, speaking here of tacit or express consent, has not in view the actual existence of society, nor the authority by which it is governed, but merely the mode of exercising this authority for the direction, preservation, and defence of society. Hence, his opinion coincides with that of Bellarmin; society and power are of right divine and natural, but the mode of organizing society, and of transmitting and exercising authority, is human. After having shown in what sense we are to understand that civil power comes from God, Concina resumes the question which he had proposed, viz. in what manner authority exists in kings, princes, and other supreme heads of government. He proceeds as follows:[r] "It is evident, therefore, that the power existing in the prince, the king, or in many persons whether nobles or plebeians, emanates from the community itself, directly or indirectly; for, if it came immediately from God, it would be manifested to us in a particular manner, as in the instances of Saul and David, who were chosen by God. We consider, therefore, erroneous, the doctrine that God confers this power immediately and directly upon the king, the prince, or any other head of supreme government whatever, to the exclusion of the tacit or express consent of the public. This discussion, it is true, is one of words rather than of things, for this power comes from God, the author of nature, inasmuch as He has ordained and appointed that the public itself shall confer upon one or more the power of supreme government, for the preservation and defence of society. The nomination of the person or persons appointed to command being once made, their power is said to come from God, because society itself is bound by natural and divine right to obey him who commands. In fact, it is the will of God that society shall be governed, whether by one individual or by several. In this manner the several opinions of theologians are reconciled with each other, and the oracles of Scripture appear in their true sense: 'He that resisteth the power, resisteth the ordinance of God.' 'There is no power but from God.' 'Be subject, therefore, to every human creature for God's sake, whether to the king,' &c. 'Thou wouldst not have any power against Me, unless it were given thee from above.' These testimonies, and others of a like nature, ought to convince us that all is ordained and directed by God, the supreme Mediator. This, however, does not exclude the operations of human institutions, as is very justly interpreted by St. Augustin and St. John Chrysostom."
Father Billuart, who lived in the early part of last century, and, consequently, at the same epoch when the highly monarchical traditions of Louis XIV. were in all their vigor, expressed the same ideas on this subject as the theologians above cited. In his work on Moral Theology, which, for almost a century, has been widely circulated, he thus expresses himself:[s] "I maintain, in the first place, that legislative power belongs to the community, or to its representative." After quoting St. Thomas and St. Isidore, he continues: "Reason proves, that to make laws belongs of right to him who is appointed to watch over the public good; for the maintenance of the public good, as has been already said, is the end and aim of the laws. It is the duty of the community, or of its ruler, to watch over the public good; for as the welfare of an individual is a fit object for individual agency, so is the public good for the agency of the community, or of him to whom its functions have been delegated; the power of legislation, therefore, is vested in the community, or in its representative. I will confirm what is here advanced. The law has the power of commanding and of coercing in such a manner that no individual has any authority to command or restrain the multitude. This authority belongs exclusively to the community, or to its representative; to these, therefore, legislative power belongs." Having made these reflections, Billuart starts another difficulty with regard to the extreme extension which he appears to have given to the rights of the multitude. On this occasion he develops his system still further.[t]
"It will be objected," says he, "that the right of commanding and compelling is vested in the superior, and cannot belong to the community, since it is not superior to itself. To this I reply: Society, in one sense, is not superior to itself, but in another it is. The community may be considered collectively as one moral body, and in this sense it is superior to itself as considered distributively in each of its members. Again; it may be considered as acting in the place of God, from whom emanates all legislative power, as it is said in Proverbs: 'By Me kings reign and the lawgivers decree just things;' or as capable of being governed conformably to the public good. In the former case, it is superior and legislative; in the latter, inferior and subject to the law."
As this explanation might appear somewhat obscure, Billuart proceeds to investigate more profoundly the origin of society and of civil power. He endeavors to show how the natural, the divine, and the human laws agree on this point, defining what belongs to each. He then continues as follows:[u] "To render this more clear, it must be observed, that man, unlike other animals, is born destitute of many things necessary both for body and soul, and that for these he is indebted to society and the assistance of his fellow-mortals; consequently he is, by his very nature, a social animal. This society, which nature and reason prescribe to him as indispensable, cannot long exist without some power to direct it, according to what is said in Proverbs: 'Where there is no governor, the people will come to ruin.' Whence it follows, that God, who has given this nature, has also given the power of governing and of legislating. He, in fact, who gives the form, gives, at the same time, all that such form necessarily requires. But as it is not possible for this executive and legislative power to be exercised by the entire multitude, since it would be difficult for all and each forming this multitude to assemble on all occasions when the affairs of the commonweal are to be discussed, or laws to be established, it is usual for the multitude to transfer its right or governing power, either to a number of people selected from all classes, and bearing the name of a democracy; or to a select number of the nobles, which takes the name of an aristocracy; or to one alone, for himself only, or for his successors, by virtue of the right of hereditary succession, which is styled a monarchy. From which it is evident that all power comes from God, as the Apostle says, in his Epistle to the Romans, chap. xiii. This power resides in the community, directly and by natural right, but in kings and other rulers merely indirectly and by human right, unless God confers it directly upon certain individuals, as He did upon Moses over the Jews, and as Christ has conferred it upon the Supreme Pontiff over the whole Church." What is still more remarkable, our absolute monarchies were never alarmed at these theological doctrines, not only previous to the French Revolution, but since that Revolution, and up to the time commonly styled with us the fatal decade, (from 1823 to 1833, the latter part of the reign of Ferdinand VII.) It is well known that during that period the Compendium Salmaticense (Compendium of Salamanca) had a most favorable reception in this country, and served as a text-book among the professors of ethics in the colleges and universities. Ye who are continually declaiming against this epoch, imagining, without doubt, that in those days no other doctrines than those in favor of the most arrant despotism could be circulated, listen to what is said in the above book, which was then placed in the hands of every youth destined to the ecclesiastical state. After having established the existence of a civil legislative power, the author thus proceeds:[x] "You will ask me, in the second place, whether the prince receives this civil legislative power immediately from God. I reply, It, is universally admitted that princes receive this power from God; but, at the same time, it is maintained with more truth, that they do not receive it directly, but through the medium of the people's consent; for all men are naturally equal, and there is no natural distinction of superiority or inferiority. Since nature has not given any individual power over another, God has conferred this power upon the community; which, as it may think it more proper to be ruled by one or by many appointed persons, transfers it to one or to many, that by them it may be ruled; according to St. Thomas (1, 2, qu. 90, art. 3, ad 2). From this natural principle arises the variety in the forms of civil government; for if a state transfers all its power to a single individual, this government is termed monarchical; if it confers it upon the nobles of the nation, it takes the name of an aristocracy; if the people or the state retain this power in their own hands, the civil government is styled a democracy. Princes, therefore, receive from God the power of commanding; for supposing the election made by the whole state, God confers upon the prince the power which was vested in the community. Whence it follows, that the prince rules and governs in the name of God, and whoever resists him resists the ordinance of God, according to the words of the Apostle above cited."
[CHAPTER L.]
ON THE RIGHT DIVINE, ACCORDING TO THE CATHOLIC DOCTORS.
The doctrine of the right divine, considered in its relation to society, presents to our notice two particular points which this doctrine contains: 1. The origin of civil power; 2. The mode in which God communicates this power.