The History of Freedom, and Other EssaysActon, John Emerich Edward Dalberg Acton, Baron
Philosophy
The History of Freedom, and Other Essays
Acton, John Emerich Edward Dalberg Acton, Baron
History; History -- Philosophy; Liberty -- History
In one point Mr. Goldwin Smith is not so very far from the views of the
Orange party. He thinks, indeed, that the Church is no longer dangerous,
and would not therefore have Catholics maltreated; but this is due, not
to her merits, but to her weakness.
Popes might now be as willing as ever, if they had the power, to step
between a Protestant State and the allegiance of its subjects (p.
190).
Mr. Smith seems to think that the Popes claim the same authority over
the rulers of a Protestant State that they formerly possessed over the
princes of Catholic countries. Yet this political power of the Holy See
was never a universal right of jurisdiction over States, but a special
and positive right, which it is as absurd to censure as to fear or to
regret at the present time. Directly, it extended only over territories
which were held by feudal tenure of the Pope, like the Sicilian
monarchy. Elsewhere the authority was indirect, not political but
religious, and its political consequences were due to the laws of the
land. The Catholic countries would no more submit to a king not of their
communion than Protestant countries, England for instance, or Denmark.
This is as natural and inevitable in a country where the whole
population is of one religion, as it is artificial and unjust in a
country where no sort of religious unity prevails, and where such a law
might compel the sovereign to be of the religion of the minority.
At any rate, nobody who thinks it reasonable that any prince abandoning
the Established Church should forfeit the English throne, can complain
of a law which compelled the sovereign to be of the religion, not of a
majority, but of the whole of his subjects. The idea of the Pope
stepping between a State and the allegiance of its subjects is a mere
misapprehension. The instrument of his authority is the law, and the law
resides in the State. The Pope could intervene, therefore, only between
the State and the occupant of the throne; and his intervention
suspended, not the duty of obeying, but the right of governing. The line
on which his sentence ran separated, not the subjects from the State,
but the sovereign from the other authorities. It was addressed to the
nation politically organised against the head of the organism, not to
the mass of individual subjects against the constituted authorities.
That such a power was inconsistent with the modern notion of sovereignty
is true; but it is also true that this notion is as much at variance
with the nature of ecclesiastical authority as with civil liberty. The
Roman maxim, _princeps legibus solutus_, could not be admitted by the
Church; and an absolute prince could not properly be invested in her
eyes with the sanctity of authority, or protected by the duty of
submission. A moral, and _a fortiori_ a spiritual, authority moves and
lives only in an atmosphere of freedom.
Public-domain text, read in full here on John Shaqi.
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