"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.

"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]

"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]

"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]

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."

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. 1a 2æ.)

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. (1a 2æ Q. 90, art. 4o.)

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.

(1a 2æ Q. 93, art. 1.)

Utrum fuerit utile aliquas leges poni ab hominibus.

Ad 2m 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."