I know, and I hear beforehand, the response which the doctors of modern rights will here give me “Yes,” say they, “it is very true that the Catholic Church has always claimed the right of judging laws and of refusing obedience to such as displeased her; but in this is precisely the worst abuse. That which would domineer over human reason, the sovereign of the world, is tyranny par excellence; this, in truth, is the special mark of Catholicity, and it is this which has ever made it the religion of the ignorant and the cowardly.”
Is, then, the maxim I have just recalled the invention of Catholic theologians? Is it true that the teachers of the ultramontane doctrine alone have contended that the intrinsic worth of a law must be sought beyond and above them, beyond and above the human power which proclaims it? Not only has this elementary principle not been devised by our theologians, but even the pagan philosophers themselves had reached it. Cicero but summed up the teaching universally received by philosophers worthy of the name, when he said that the science of law should not be sought in the edicts of the pretor, nor even in the laws of the twelve tables; and that the most profound philosophy alone could aid in judging laws and teaching us their value.[47]
This is not to degrade reason, which this same Cicero has defined, or rather described, in admirable language. He found therein something grand, something sublime; he declared that it is more fit to command than to obey; that it values little what is merely human; that it is gifted with a peculiar elevation which nothing daunts, which yields to no one, and which is unconquerable.[48]
But remark, it is only with regard to human powers and allurements that reason shows itself so exalted and haughty. It requires something greater than man to make it submit; and it obeys only God or his delegates. “Stranger,” said Plato to Clinias the Cretan, “whom do you consider the first author of your laws? Is it a god? Is it a man?”
“Stranger,” replied Clinias, “it is a god; we could not rightly accord this title to any other.”[49]
So, also, tradition tells us that Minos went, every ninth day, to consult Jupiter, his father, whose replies he committed to writing. Lycurgus wished to have his laws confirmed by the Delphian Apollo, and this god replied that he would dictate them himself. At Rome the nymph Egeria played the same rôle with Numa. Everywhere is felt the necessity of seeking above man the title in virtue of which he may command his fellow-men.
If we turn now from the fabulous traditions of the ancient world, we still find an absolute truth proclaimed by its sages; one that affirms the existence of an eternal law—quiddam æternum—which was called the natural law, and which serves as a criterion whereby to judge the worth of the laws promulgated by man.
Cicero declares it absurd to consider right everything set down in the constitutions or the laws.[50] And he is careful to add that neither is public opinion any more competent to determine the right.[51]
The sovereign law, therefore—that which no human law may violate without the penalty of becoming void—has God himself for its author.
The laws of states may be unjust and abominable, and, by consequence, bind no one. There is, on the other hand, a natural law, the source and measure of other laws, originating before all ages, before any law had been written or any city built.[52]