History of the Rise and Influence of the Spirit of Rationalism in Europe
by W. E. H. Lecky

Footnotes to Chapter V.

1:102. It is worthy of notice, that the first development of sculpture, which in almost all other nations was religious, in Rome appears to have been patriotic -- the objects of representation being not the gods, but the true national ideals, the heroes of Rome. (See O. Müller, Manuel d'Archéologie, vol i pp. 251, 252).

1:108. It was confirmed as part of the general law of the Church by Alexander III. in 1179. See Ducellier, Hist. des Classes Laborieuses en France, pp. 87-89, 127, 128.

1:109. Mably, Observations sur l'Histoire de France, liv. iv. c. v.

1:110. Avis aux Refujiez, p. 56 (ed. 1692).

2:110. E. g. the recent invasion of Morocco by the Spaniards. On the religious character Louis XIV. tried to give the invasion of Holland, see Michelet, Louis XIV.

1:112. The relations of the Inquisition and the civil power have been admirably sketched by Sarpi in a short work called Discorso dell' Origine dell' Uffizio dell' Inquisizione, which I have closely followed.

1:113. Sarpi, pp. 48-57 (ed. 1639).

2:113. This curious episode has been lardy investigated by M. Mignet in an interesting work called Antonio Perez. One of the accusations brought against Perez was, that he had in a moment of passion exclaimed, that 'if God the Father had ventured to say to him what the King had said, he would have cut his nose off,' which the Inquisitors said 'partook of the heresy of the Anthropomorphites and of the Vaudois, who maintain that the Father has bodily parts.'

1:114. Paramo, De Origine Inquisitionis, pp. 224-226. This was perhaps one cause of the decline of the Spanish navy.

2:114. The Inquisition was not, it is true, organised till after his death, but St. Dominick was the chief reviver of persecution. His Order represented the principle, and the Inquisition was, almost as a matter of course, placed mainly in its hands.

1:115. The following passage from Sarpi is very instructive: -- 'Altre volte li santi Vescovi niuna cosa più predicavano e raccommandavano à prencipi che la cura della religione. Di niuna cosa più li ammonivano e modestamente reprendevano che del trascurarla: ed adesso niuna cosa più se predica e persuade al prencipe, se non ch' a lui non s' aspetta la eura delle cose divine, con tutta che del contrario la scrittura sacra sia piena di luoghi dove la religione è raccommandata alla protezione del prencipe della Maestà Divina.' (Pp. 89, 90.)

2:115. See, for example, the full discussion of the matter in Carena, De Officio s. Inquisitionis (Lugduni, 1649), pp. 135-161. Three popes -- Paul IV., Pius IV., and Gregory XV. -- found it necessary to issue bulls on the subject, a fact which will surprise no one who has glanced over the pages of Sanchez or Dens.

1:116. This appears sufficiently from the seasons in which executions took place, and from all the descriptions of them. I may notice, however, that there is in existence one very remarkable contemporary painting of the scene. It represents the execution, or rather the procession to the stake, of a number of Jews and Jewesses who were burnt in 1680 at Madrid, during the fêtes that followed the marriage of Charles II., and before the king, his bride, the court, and clergy of Madrid. The great square was arranged like a theatre, and thronged with ladies in court dress; the king sat on an elevated platform surrounded by the chief members of the aristocracy, and Bishop Valdares, the Inquisitor-General, presided over the scene. The painter of this very remarkable picture (which is in the gallery of Madrid) was Francesco Rizzi, who died in 1685. He has directed the sympathies of the spectator against the Jews by the usual plan of exaggerating the Jewish nose -- a device which is common to all early painters except Juanes, who, in his pictures of New Testament scenes, honestly gives this peculiarity of feature to the good as well as the bad characters, and who, as an impartial distributor of noses, is deserving of the very highest respect. Llorente has noticed this auto da fé, but not the picture. (Hist. de l'Inquisition, tom. iii. pp. 8, 4.)

Among the victims in 1680 was a Jewish girl, not 17, whose wondrous beauty struck all who saw her with admiration. As she passed to the stake, she cried to the queen, 'Great queen, is not your presence able to bring me some comfort under my misery? Consider my youth, and that I am condemned for a religion which I have sucked in with my mother's milk.' The queen turned away her eyes. (Limborch, Hist. Inquis. cap. xl.]

1:117. Sarpi, p. 60. Gregory IX. made the admission of the Inquisition an indispensable condition of his alliances with the free towns. A monk called Friar John, of Vicenza, seems to have been the most successful in promoting the institution in Italy. He pronounced himself the apostle not of persecution, but of peace, reconciled many enemies, and burnt sixty Cathari on a single occasion in the great square of Verona. (Sismondi, Hist. de la Liberté, tom. i. pp. 108, 109.)

2:117. Sarpi, p. 80. Llorente, Hist. de la Inquisition, tom. ii. p. 272. This tendency of the Italian mind accounts for the small amount of blood shed at Rome by the Inquisition. I cannot, indeed, remember more than four instances of men having been burnt alive there -- the pantheistic philosopher Bruno; a brother of Du Chesne, the historian of the persecutions in the Netherlands; a heretic who is spoken of by Scaliger; and the famous Arnold of Brescia, who was burnt on the pretext of 'political heresies.'

1:118. Julian did not, as is sometimes said, forbid the Christians studying the classic writings, but he prohibited them from teaching them on the ground that it was absurd for those who despised and repudiated the ancient gods to expound the records of their acts. See his Epistle to Jamblichus.

2:118. Sarpi, pp. 192, 193. Milton gives a slight sketch of the history of censorships in his Areopagitica.

1:119. Giannone, Ist. di Napoli.

2:119. Sleidan, liv. ii.

1:121. For a clear view of the successive stages of the secularising movement in France, see the memorial on the subject drawn up by the Abbé Lacordaire, and reproduced by Lamennais. (Affaires de Rome, pp. 37-89.)

1:123. I may here notice that an Irishman and an ecclesiastic -- Bishop Berkeley -- was, as far as I know, the first Protestant who suggested the admission of Catholics into a Protestant university. He proposed that they should be admitted into that of Dublin without being compelled to attend chapel or any divinity lectures; and he observed that the Jesuits, in their colleges in Paris, had acted in this manner towards Protestants. (Querist, No. 291, published in 1785.) As early as 1725 a considerable amount of controversy took place on the subject of toleration in Ireland, occasioned by a sermon preached before the Irish Parliament by a clergyman named Synge, in which he advocated as a Christian duty the most complete toleration of the Catholics, and enunciated the principles of religious liberty with the strongest emphasis. The Parliament ordered the sermon to be published. It was answered by a writer named Radcliffe, and defended by a writer named Weaver. Synge himself rejoined. This whole controversy, which is utterly forgotten -- buried in the great chaos of Irish pamphlets, and perhaps read of late years by no human being except the present writer -- is well worthy of the attention of those who study the course of public opinion in Ireland. Perhaps the most eloquent defence of toleration written in English during the last century, was the answer of the Irish priest O'Leary to Wesley's Defence of the Penal Laws; but then O'Leary was defending his own cause.

1:124. I have examined all this more fully in The Leaders of Public Opinion in Ireland.

2:124. See, on this subject, a striking letter by Southey, in Blanco White's Life, vol. i. p. 310.

1:125. Joyce, Hist. of English Convocations, p. 449.

1:126. Buckle, Hist. of Civ, vol. i. pp. 380, 381.

2:126. Ibid.

1:127. This has been very clearly noticed in one of the ablest modern books in defence of the Tory theory. 'At the point where Protestantism becomes vicious, where it receives the first tinge of latitudinarianism, and begins to join hands with infidelity, by superseding the belief of an objective truth in religion, necessary for salvation; at that very spot it likewise assumes an aspect of hostility to the union of Church and State.' (Gladstone, on Church and State, p. 188.)

1:128. The evidence of the secularisation of politics furnished by the position of what is called 'the religious press,' is not confined to England and France. The following very remarkable passage was written by a most competent observer in 1858, when Austria seemed the centre of religious despotism: 'Tous les intérêts les plus chétifs ont des nombreux organes dans la presse périodique et font tons de bonnes affaires. La religion, le premier et le plus grand de tous les intérêts, n'en a qu'un nombre presque imperceptible et qui a bien de la peine ê vivre. Dans la Catholique Autriche sur 135 journaux il n'y a qu'un seul consacré aux intérêts du Christianisme, et il laisse beaucoup à désirer sous le rapport de l'orthodoxie.... La vérité est que décidément l'opinion publique ainsi que l'intérêt publique ont cessé d'être Chrétiens en Europe.' (Ventura, Le Pouvoir Chrétien Politique, p. 139.)

1:137. See Grotius, De Jure Belli et Pacis, lib. i. cap. 4; Taylor, Ductor Dubitantium, lib. iii. cap. 3, and also the list of authorities cited by Gregory XVI. in his bull to the Bishops of Poland, 'concerning the maxims of the Catholic Church on submission to the civil power'; Lamennais, Affaires de Rome, pp. 308-317. But perhaps the fullest exposition of the Patristic sentiments on the subject is in a very able book called Sacro-Sancta Regum Majestas, published at Oxford at the beginning of the Great Rebellion.

2:137. Striking instances of this are given by Grotius, De Jure, lib. i. c. iv. § 7.

3:137. This has been maintained, among others by Milton and Gronovius among the Protestants, and by Bellarmine and (in more modern times) by Bianchi among the Catholics. See Bianchi, Traité de la Puissance Ecclésiastique (trad. Peltier, Paris, 1857), tom. i. pp. 639-642.

4:137. This appears to have been a favourite argument of the French Protestants: Avis aux Refugiez sur leur prochain Retour en France, p. 43. To these the Gallican Catholics replied that Julian was dead when the invectives were delivered. Hilary, however, inveighed vehemently against the Arian Emperor Constantius, in the lifetime of the latter; and Bianchi, in a very ingenious fashion, argues from this that Constantius must have been virtually deposed on account of his heresy, for respect to lawful sovereigns is among the plainest duties; and as St. Hilary called Constantius 'a precursor of Antichrist,' 'a rascal,' and 'an object of malediction,' &c., &c., it may be inferred that he did not regard him as his lawful sovereign. (Puissance Eccl., tom. i. pp. 651, 652.)

1:141. A clear secular view of the subject is given by Mr. Hallam, in the chapter on the 'Increase of Ecclesiastical Authority,' in his Hist. of the Middle Ages. It has also been examined very fully by Bossuet, from a Gallican point of view, in his Defence of the Articles of the Gallican Church, and from an Ultramontane point of view by Bianchi, On Ecclesiastical Power. This last book, which is a work of exceedingly extensive learning, but of undisguised and indeed dishonest partiality, was published originally in Italian in 1745, and directed especially against the opinions of Giannone. The French translation was made in 1857, and consists of two (in every sense of the word) most ponderous volumes. It is now the great standard work of the Ultramontane party.

1:143. As one of the leading supporters of the Papal party put it with amusing coolness: 'Certe licet Paulus dixerit "omnis anima potestatibus sublimioribus subdita sit" nunquam addidit, etiam potestatibus excommunicatis vel deprivatis a papa.' (Suarez, De Fide, lib. vi. cap. 4.)

2:143. Bianchi, Puissance Ecclésiastique, tom. i. pp. 550-571. Louis le Débonnaire seems to have been deposed in this way.

1:144. 'Principibus sæcularibus in tantum homo obedire tenetur in quantum ordo justitiæ requirit. Et ideo si non habeant justum principatum sed usurpatum, vel si injusta præcipiant, non tenentur eis subditi obedire, nisi forte per accidens propter vitandum scandalum vel periculum.' (Summa, Pars II. Quæst. civ. art. 6.)

2:144. Bossuet simply remarks that for some centuries after St. Thomas the schoolmen seem to have been nearly unanimous on this point, but that it is manifest that they were mistaken! (See Bianchi, tom. i. pp. 135, 136.) The writer among the schoolmen who was most favourable to liberty was the Englishman William of Ockham. (Milman, Hist. of Latin Christianity, vol. vi. pp. 470-474.)

1:145. Suarez, De Fide, lib. iii. cap. 2; Bianchi, ch. i. These theologians of course endeavour to trace back their distinction to the origin of Christianity, but its formal definition and systematic enforcement are due mainly to the schoolmen.

2:145. The political influence of the Italian republics upon English public opinion was very powerful in the seventeenth century, when the habit of travelling became general among the upper class of Englishmen, and when a large proportion of the highest intellects acquired in Italy a knowledge of the Italian writers on government, and an admiration for the Italian constitutions, and especially for that of Venice. The highest representative of this action of the Italian upon the English intellect was Harrington. His Oceana, though published under the Commonwealth and dedicated to Cromwell, was altogether uninfluenced by the inspiration of Puritanism; and it was only by the intercession of Cromwell's favourite daughter, Lady Claypole, that its publication was permitted. (Toland, Life of Harrington.) It is remarkable that while Harrington's writings were avowedly based in a very great degree upon those of Italians, they also represent more faithfully than any others of the seventeenth century what are regarded as the distinctive merits of English liberty. That a good government is an organism, not a mechanism -- in other words, that it must grow naturally out of the condition of society, and cannot be imposed by theorists -- that representative assemblies with full powers are the sole efficient guardians of liberty -- that liberty of conscience must be allied with political liberty -- that a certain balance should be preserved between the different powers of the State, and that property produces empire, are among the main propositions on which Harrington insists; and most of them are even now the main points of difference between English liberty and that which emanates from a French source. Harrington was also a warm advocate of the ballot. He was answered by Ferne, Bishop of Chester, in a book called Pian-Piano; by Matthew Wren, son of the Bishop of Ely; and in the Holy Commonwealth of Baxter.

1:148. Suarez, De Fide, lib. iii. cap. 2. This book of Suarez was written in reply to one by James I. of England.

2:148. He says that 'Potestatem hanc deponendi regem esse posse vel in ipsa republica vel in Summo Pontifice, diverso tamen modo. Nam in republica solum per modum defensionis necessariæ ad conservationem suam, ... tum ex vi juris naturalis quo licet vim vi repellere, tum quia semper hic casus ad propriam reipublicæ conservationem necessarius, intelligitur exceptus in primo illo fœdere quo respublica potestatem suam in regem transtulit.... At veto in Summo Pontifice est hæc potestas tanquam in superiori habente jurisdictionem ad corripiendum reges.' (De Fide, lib. vi. cap. iv.)

3:148. 'Ergo quando respublica juste potest regem deponere, recte faciunt ministri ejus regem cogendo vel interficiendo si sit necesse.' (Ibid.) Suarez adds, however, that before pronouncing a sentence of deposition against the sovereign, it is at least advisable and becoming (though not absolutely necessary) for the nation to apply to the Pope for his sanction. This notion has been developed at length by De Maistre, Le Pape.

1:149. 'Statim per hæresim rex ipso facto privatur aliquo modo dominio et proprietate sui regni, quia vel confiscatum manet vel ad legitimum successorem Catholicum ipso jure transit, et nihilominus non potest statim regno privari, sed juste illud possidet et administrat donec per sententiam saltem declara toriam criminis condemnetur.' (Lib. vi. cap, iv.)

2:149. Bianchi has collected a striking chain of passages in defence of this proposition (tom. i. pp. 145-147).

3:149. 'Si Papa regem deponat, ab illis tantum poterit expelli vel interfici quibus ipse id commiserit.' (De Fide, lib. vi. c. iv.)

1:150. It is signed by Stephanus Hojeda, Visitor of the Jesuits in the province of Toledo.

2:150. De Rege et Regis Institutione, pp. 55-65. (1st ed.)

1:151. De Rege et Regis Institutione, p. 62.

2:151. Ibid. lib. i. ch. vi. 'An tyrannum opprimere fas sit?'

3:151. P. 69. Mr. Hallam observes that the words 'æternum Galliæ decus' were omitted in the later editions, which, however, in other respects scarcely differed from the first. (Hist. of Lit.)

1:152. P. 72.

2:152. 'Certe a republica unde ortum habet regia potestas, rebus exigentibus Regem in jus vocari posse et si sanitatem respuat principatu spoliari. Neque ita in principem jura potestatis transtulit ut non sibi majorem reservarit potestatem.... Populis volentibus tributa nova imperantur, leges constituuntur; et quod est amplius populi sacramento jura imperandi quamvis hæreditaria successori confirmantur' (pp. 72, 73). Very remarkable words to have been written by a Spaniard and a priest nearly a century before Locke.

3:152. 'Et est communis sensus quasi quædam naturæ vox mentibus nostris indita, auribus insonans lex, qua a turpi honestum secernimus.' (p. 74.)

1:153. Pp. 72-74.

2:153. 'In eo consentire tum philosophos tum theologos video eum principem qui vi et armis rempublicam occupavit nullo præterea jure, nullo publico civium consensu, perimi a quocumque, vita et principatu spoliari posse.' (pp. 74, 75.) A few lines lower comes the eulogy of Ehud. The 'consenting theologians' are not cited -- and, indeed, Mariana scarcely ever quotes an ecclesiastical authority -- but the reader may find a great many given in Suarez (De Fide, lib. vi. cap. iv.). St. Thomas justified Ehud on this general ground, and in this point seems to have differed little or not at all from Mariana.

3:153. 'Si medicinam respuat princeps, neque spes ulla sanitatis relinquatur, sententia pronunciata licebit reipublicæ ejus imperium detrectare primum, et quoniam bellum necessario concitabitur ejus defendendi consilia explicare.... Et sires feret neque aliter se respublica tueri possit, eodem defensionis jure ac vero potiore auctoritate et propria, principem publicum hostem declaratum ferro perimere. Eademque facultas esto cuicumque privato, qui spe impunitatis abjecta, neglecta salute, in conatum juvandi rempublicam ingredi voluerit.' (p. 76.)

1:154. 'Qui votis publicis favens eum perimere tentarit, haudquaquam inique eum fecisse existimabo.' (p. 77.)

2:154. Pp. 77, 78.

1:155. P. 83.

2:155. 'Nos tamen non quid facturi sint homines sed quid per naturæ leges concessum sit despicimus.... Et est naturæ vox communis hominum sensus vituperantium si quis in alios quantumvis hostes veneno grassetur.' (pp. 83-85.) It is said that Mariana, in his History, has treated kings with considerable deference; but his anti-monarchical opinions appear very strongly in a short work called 'Discourse on the Defects of the Government of the Jesuits,' which contains -- what is extremely rare in the writings of the members of the order -- a bitter attack on the general, and a fierce denunciation of the despotic principles on which the society is constituted. The following (which I quote from a French translation of 1625) is very characteristic: -- 'Selon mon opinion la monarchie nous met par terre, non pour estre monarchie ains pour n'estre bien tempérée. C'est un furieux sanglier qui ravage tout par où il passe, et si on ne l'arreste tout court, nous ne devons espérer de repos.' (ch. x.)

1:158. He is called so in, I think, every history of the occurrence I have met with; but a writer in the Journal des Sçavans of 1748 maintains (pp. 994-996) that there is some doubt upon the point. It is worthy of remark that the duke who instigated the murder, and probably inspired the apology, died himself by the hand of an assassin. (Van Bruyssel, Hist. du Commerce Belge, tom. ii. pp. 48, 49.)

1:159. Mariana rejects this decree without hesitation, on Ultramontane principles, as not having been confirmed by the Pope (De Rege, p. 79). Suarez seems to think it binding, but argues (De Fide, lib. vi. c. 4) that it applies only to tyrants in regimine, because the Council condemns the opinion that 'subjects' may slay a tyrant, and a tyrant in titulo has, properly speaking, no 'subjects.'

2:159. There is a full notice of this play in Charles, La Comédie en France au Seizième Sièele.

3:159. Sa was a Portuguese -- the other two were Spaniards. The prominence this doctrine acquired in Spain in the reign of Philip II. is probably in part due to the contest of Spain with Elizabeth, who was regarded as a tyrant both in titulo and in regimine, and consequently naturally marked out for assassination. Mariana's book was probably written under Philip II., for the royal privilege to print it was granted only three months after the death of that king.

4:159. 'Adverte duplicem esse tyrannum unum potestate et dominio qui non habet titulum verum, sed tyrannice occupat rempublicam: et hunc licet occidere, dum aliter non potest liberari respublica et dum spes est libertatis probabilis; aliter non licet privato cuilibet occidere. Alterum administrationi qui habet quidem verum titulum sed tyrannice tractat subditos, et hunc non licet absque publica auctoritate occidere.' (Summa Casuum Conscientiæ, lib. v. c. vi. p. 653.)

1:160. 'Tyrannice gubernans juste acquisitum dominium non potest spoliari sine publico judicio; lata vero sententia potest quisque fieri executor: potest autem deponi a populo etiam qui juravit ei obedientiam perpetuam si monitus non vult corrigi. At occupantem tyrannice potestatem quisque de populo potest occidere si aliud non sit remedium est enim publicus hostis.' (Aphorism. Confessariorum, verb. Tyrannus.)

2:160. 'Tyrannum primo modo nefas est privatis interficere; possit tamen respublica quoad capita convenire, eique resistere, lataque sententia deponere ab administratione atque illum depositum punire. Secundo modo tyrannum quivis de republica potest licite eum interficere.' (Comment. Pars IV. tract, iii. disp. 6.)

3:160. 'Tyrannum qui per vim et illegitime principatum occupavit, si tyrannis aliter tolli non possit, occidere cuilibet licitum sit.' (De Jure et Officiis bellicis, lib. i.)

4:160. In a book called Tyrannicidium, sen Scitum Catholicorum de Tyranni Internecione. This book (which was written in reply to a Calvinistic attack) contains a great deal of information about the early literature of tyrannicide. It bears the approbation of Busæus, the head of the Jesuits in Northern Germany.

1:161. De Thou, liv. xcvi. The Pope was Sixtus V.

2:161. Lamennais, Affaires de Rome. Since the days of Lamennais the names of Ravignan and Félix have done much to rescue the order from the reproach.