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DECRETALS

These are letters of the popes which regulate points of doctrine and discipline and which have the force of law in the Latin church.

Besides the genuine ones collected by Denis le Petit, there is a collection of false ones, the author of which, as well as the date, is unknown. It was an archbishop of Mentz called Riculphus who circulated it in France about the end of the eighth century; he had also brought to Worms an epistle of Pope Gregory, which had never before been heard of, but no vestige of the latter is at present remaining, while the false decretals, as we shall see, have met with the greatest success for eight centuries.

This collection bears the name of Isidore Mercator, and comprehends an infinite number of decrees falsely ascribed to the popes, from Clement I. down to Siricius. The false donation of Constantine; the Council of Rome under Sylvester; the letter of Athanasius to Mark; that of Anastasius to the bishops of Germany and Burgundy; that of Sixtus III. to the Orientals; that of Leo. I. relating to the privileges of the rural bishops; that of John I. to the archbishop Zachariah; one of Boniface II. to Eulalia of Alexandria; one of John III. to the bishops of France and Burgundy; one of Gregory, containing a privilege of the monastery of St. Médard; one from the same to Felix, bishop of Messina, and many others.

The object of the author was to extend the authority of the pope and the bishops. With this view, he lays it down as a principle that they can be definitely judged only by the pope, and he often repeats this maxim that not only every bishop but every priest, and, generally, every oppressed individual may, in any stage of a cause, appeal directly to the pope. He likewise considers it as an incontestable principle that no council, not even a provincial one, may be held without the permission of the pope.

These decretals, favoring the impunity of bishops, and still more the ambitious pretensions of the popes, were eagerly adopted by them both. In 861, Rotade, bishop of Soissons, being deprived of episcopal communion in a provincial council on account of disobedience, appeals to the pope. Hincmar of Rheims, his metropolitan, notwithstanding his appeal, deposes him in another council under the pretext that he had afterwards renounced it, and submitted himself to the judgment of the bishops.

Pope Nicholas I. being informed of this affair, wrote to Hincmar, and blamed his proceedings. "You ought," says he, "to honor the memory of St. Peter, and await our judgment, even although Rotade had not appealed." And in another letter on the same matter, he threatens Hincmar with excommunication, if he does not restore Rotade. That pope did more. Rotade having arrived at Rome, he declared him acquitted in a council held on Christmas eve, 864; and dismissed him to his see with letters. That which he addressed to all the bishops is worthy of notice, and is as follows:

"What you say is absurd, that Rotade, after having appealed to the holy see, changed his language and submitted himself anew to your judgment. Even although he had done so, it would have been your duty to set him right, and teach him that an appeal never lies from a superior judge to an inferior one. But even although he had not appealed to the holy see, you ought by no means to depose a bishop without our participation, in prejudice of so many decretals of our predecessors; for, if it be by their judgment that the writings of other doctors are approved or rejected, how much more should that be respected which they have themselves written, to decide on points of doctrine and discipline. Some tell you that these decretals are not in the book of canons; yet those same persons, when they find them favorable to their designs, use both without distinction, and reject them only to lessen the power of the holy see. If the decretals of the ancient popes are to be rejected because they are not contained in the book of canons, the writings of St. Gregory, and the rest of the fathers, must, on the same principle, be rejected also, and even the Holy Scriptures themselves."

"You say," the pope continues, "that judgments upon bishops are not among the higher causes; we maintain that they are high in proportion as bishops hold a high rank in the church. Will you assert that it is only metropolitan affairs which constitute the higher causes? But metropolitans are not of a different order from bishops, and we do not demand different witnesses or judges in the one case, from what are usual in the other; we therefore require that causes which involve either should be reserved for us. And, finally, can anyone be found so utterly unreasonable as to say that all other churches ought to preserve their privileges, and that the Roman Church alone should lose hers?" He concludes with ordering them to receive and replace Rotade.

Pope Adrian, the successor of Nicholas I., seems to have been no less zealous in a similar case relating to Hincmar of Laon. That prelate had rendered himself hateful both to the clergy and people of his diocese, by various acts of injustice and violence. Having been accused before the Council of Verberie – at which Hincmar of Rheims, his uncle and metropolitan, presided – he appealed to the pope, and demanded permission to go to Rome. This was refused him. The process against him was merely suspended, and the affair went no farther. But upon new matters of complaint brought against him by Charles the Bald and Hincmar of Rheims, he was cited at first before the Council of Attigny, where he appeared, and soon afterwards fled; and then before the Council of Douzy, where he renewed his appeal, and was deposed. The council wrote to the pope a synodal letter, on Sept. 6, 871, to request of him a confirmation of the acts which they sent him; but Adrian, far from acquiescing in the judgment of the council, expressed in the strongest terms his disapprobation of the condemnation of Hincmar; maintaining that, since Hincmar declared before the council that he appealed to the holy see, they ought not to have pronounced any sentence of condemnation upon him. Such were the terms used by that pope, in his letter to the bishops of the council, as also in that which he wrote to the king.

The following is the vigorous answer sent by Charles to Adrian: "Your letters say, 'We will and ordain, by apostolical authority, that Hincmar of Laon shall come to Rome and present himself before us, resting upon your supremacy.'

"We wonder where the writer of this letter discovered that a king, whose duty it is to chastise the guilty and be the avenger of crimes, should send to Rome a criminal convicted according to legal forms, and more especially one who, before his deposition, was found guilty, in three councils, of enterprises against the public peace; and who, after his deposition, persisted in his disobedience.

"We are compelled further to tell you, that we, kings of France, born of a royal race, have never yet passed for the deputies of bishops, but for sovereigns of the earth. And, as St. Leon and the Roman council have said, kings and emperors, whom God has appointed to govern the world, have permitted bishops to regulate their affairs according to their ordinances, but they have never been the stewards of bishops; and if you search the records of your predecessors, you will not find that they have ever written to persons in our exalted situation as you have done in the present instance."

He then adduces two letters of St. Gregory, to show with what modesty he wrote, not only to the kings of France, but to the exarchs of Italy. "Finally," he concludes, "I beg that you will never more send to me, or to the bishops of my kingdom, similar letters, if you wish that we should give to what you write that honor and respect which we would willingly grant it." The bishops of the Council of Douzy answered the pope nearly in the same strain; and, although we have not the entire letter, it appears that their object in it was to prove that Hincmar's appeal ought not to be decided at Rome, but in France, by judges delegated conformably to the canons of the Council of Sardis.

These examples are sufficient to show how the popes extended their jurisdiction by the instrumentality of these false decretals; and although Hincmar of Rheims objected to Adrian, that, not being included in the book of canons, they could not subvert the discipline established by the canons – which occasioned his being accused, before Pope John VIII., of not admitting the decretals of the popes – he constantly cited these decretals as authorities, in his letters and other writings, and his example was followed by many bishops. At first, those only were admitted which were not contrary to the more recent canons, and afterwards there was less and less scruple.

The councils themselves made use of them. Thus, in that of Rheims, held in 992, the bishops availed themselves of the decretals of Anacletus, of Julius, of Damasus, and other popes, in the cause of Arnoul. Succeeding councils imitated that of Rheims. The popes Gregory VII., Urban II., Pascal II., Urban III., and Alexander III. supported the maxims they found in them, persuaded that they constituted the discipline of the flourishing age of the church. Finally, the compilers of the canons – Bouchard of Worms, Yves of Chartres, and Gratian – introduced them into their collection. After they became publicly taught in the schools, and commented upon, all the polemical and scholastic divines, and all the expositors of the canon law, eagerly laid hold of these false decretals to confirm the Catholic dogmas, or to establish points of discipline, and scattered them profusely through their works.

It was not till the sixteenth century that the first suspicions of their authenticity were excited. Erasmus, and many others with him, called them in question upon the following grounds:

1. The decretals contained in the collection of Isidore are not in that of Denis le Petit, who cited none of the decretals of the popes before the time of Siricius. Yet he informs us that he took extreme care in collecting them. They could not, therefore, have escaped him, if they had existed in the archives of the see of Rome, where he resided. If they were unknown to the holy see, to which they were favorable, they were so to the whole church. The fathers and councils of the first eight centuries have made no mention of them. But how can this universal silence be reconciled with their authenticity?

2. These decretals do not all correspond with the state of things existing at the time in which they are supposed to have been written. Not a word is said of the heresies of the three first centuries, nor of other ecclesiastical affairs with which the genuine works of the same period are filled. This proves that they were fabricated afterwards.

3. Their dates are almost always false. Their author generally follows the chronology of the pontifical book, which, by Baronius's own confession, is very incorrect. This is a presumptive evidence that the collection was not composed till after the pontifical book.

4. These decretals, in all the citations of Scripture passages which they contain, use the version known by the name of "Vulgate," made, or at least revised, by St. Jerome. They are, therefore, of later date than St. Jerome.

Finally, they are all written in the same style, which is very barbarous; and, in that respect, corresponding to the ignorance of the eighth century: but it is not by any means probable that all the different popes, whose names they bear, affected that uniformity of style. It may be concluded with confidence, that all the decretals are from the same hand.

Besides these general reasons, each of the documents which form Isidore's collection carries with it marks of forgery peculiar to itself, and none of which have escaped the keen criticism of David Blondel, to whom we are principally indebted for the light thrown at the present day on this compilation, now no longer known but as "The False Decretals"; but the usages introduced in consequence of it exist not the less through a considerable portion of Europe.

DELUGE (UNIVERSAL)

We begin with observing that we are believers in the universal deluge, because it is recorded in the holy Hebrew Scriptures transmitted to Christians. We consider it as a miracle:

1. Because all the facts by which God condescends to interfere in the sacred books are so many miracles.

2. Because the sea could not rise fifteen cubits, or one-and-twenty standard feet and a half, above the highest mountains, without leaving its bed dry, and, at the same time, violating all the laws of gravity and the equilibrium of fluids, which would evidently require a miracle.

3. Because, even although it might rise to the height mentioned, the ark could not have contained, according to known physical laws, all the living things of the earth, together with their food, for so long a time; considering that lions, tigers, panthers, leopards, ounces, rhinoceroses, bears, wolves, hyenas, eagles, hawks, kites, vultures, falcons, and all carnivorous animals, which feed on flesh alone, would have died of hunger, even after having devoured all the other species.

There was printed some time ago, in an appendix to Pascal's "Thoughts," a dissertation of a merchant of Rouen, called Le Peletier, in which he proposes a plan for building a vessel in which all kinds of animals might be included and maintained for the space of a year. It is clear that this merchant never superintended even a poultry-yard. We cannot but look upon M. Le Peletier, the architect of the ark, as a visionary, who knew nothing about menageries; and upon the deluge as an adorable miracle, fearful, and incomprehensible to the feeble reason of M. Le Peletier, as well as to our own.

4. Because the physical impossibility of a universal deluge, by natural means, can be strictly demonstrated. The demonstration is as follows: All the seas cover half the globe. A common measure of their depths near the shores, and in the open ocean, is assumed to be five hundred feet.

In order that they might cover both hemispheres to the depth of five hundred feet, not only would an ocean of that depth be necessary over all the land, but a new sea would, in addition, be required to envelop the ocean at present existing, without which the laws of hydrostatics would occasion the dispersion of that other new mass of water five hundred feet deep, which should remain covering the land. Thus, then, two new oceans are requisite to cover the terraqueous globe merely to the depth of five hundred feet.

Supposing the mountains to be only twenty thousand feet high, forty oceans, each five hundred feet in height, would be required to accumulate on each other, merely in order to equal the height of the mountains. Every successive ocean would contain all the others, and the last of them all would have a circumference containing forty times that of the first.

In order to form this mass of water, it would be necessary to create it out of nothing. In order to withdraw it, it would be necessary to annihilate it. The event of the deluge, then, is a double miracle, and the greatest that has ever manifested the power of the eternal Sovereign of all worlds.

We are exceedingly surprised that some learned men have attributed to this deluge some small shell found in many parts of our continent. We are still more surprised at what we find under the article on "Deluge," in the grand "Encyclopædia." An author is quoted in it, who says things so very profound that they may be considered as chimerical. This is the first characteristic of Pluche. He proves the possibility of the deluge by the history of the giants who made war against the gods!

Briareus, according to him, is clearly the deluge, for it signifies "the loss of serenity": and in what language does it signify this loss? – in Hebrew. But Briareus is a Greek word, which means "robust": it is not a Hebrew word. Even if, by chance, it had been so, we should beware of imitating Bochart, who derives so many Greek, Latin, and even French words from the Hebrew idiom. The Greeks certainly knew no more of the Jewish idiom than of the language of the Chinese.

The giant Othus is also in Hebrew, according to Pluche, "the derangement of the seasons." But it is also a Greek word, which does not signify anything, at least, that I know; and even if it did, what, let me ask, could it have to do with the Hebrew?

Porphyrion is "a shaking of the earth," in Hebrew; but in Greek, it is porphyry. This has nothing to do with the deluge.

Mimos is "a great rain"; for once, he does mention a name which may bear upon the deluge. But in Greek mimos means mimic, comedian. There are no means of tracing the deluge of such an origin. Enceladus is another proof of the deluge in Hebrew; for, according to Pluche, it is the fountain of time; but, unluckily, in Greek it is "noise."

Ephialtes, another demonstration of the deluge in Hebrew; for ephialtes, which signifies leaper, oppressor, incubus, in Greek is, according to Pluche, "a vast accumulation of clouds."

But the Greeks, having taken everything from the Hebrews, with whom they were unacquainted, clearly gave to their giants all those names which Pluche extracts from the Hebrew as well as he can, and all as a memorial of the deluge.

Such is the reasoning of Pluche. It is he who cites the author of the article on "Deluge" without refuting him. Does he speak seriously, or does he jest? I do not know. All I know is, that there is scarcely a single system to be found at which one can forbear jesting.

I have some apprehension that the article in the grand "Encyclopædia," attributed to M. Boulanger, is not serious. In that case, we ask whether it is philosophical. Philosophy is so often deceived, that we shall not venture to decide against M. Boulanger.

Still less shall we venture to ask what was that abyss which was broken up, or what were the cataracts of heaven which were opened. Isaac Vossius denies the universality of the deluge: "Hoc est pie nugari." Calmet maintains it; informing us, that bodies have no weight in air, but in consequence of their being compressed by air. Calmet was not much of a natural philosopher, and the weight of the air has nothing to do with the deluge. Let us content ourselves with reading and respecting everything in the Bible, without comprehending a single word of it.

I do not comprehend how God created a race of men in order to drown them, and then substituted in their room a race still viler than the first.

How seven pairs of all kinds of clean animals should come from the four quarters of the globe, together with two pairs of unclean ones, without the wolves devouring the sheep on the way, or the kites the pigeons, etc.

How eight persons could keep in order, feed, and water, such an immense number of inmates, shut up in an ark for nearly two years; for, after the cessation of the deluge, it would be necessary to have food for all these passengers for another year, in consequence of the herbage being so scanty.

I am not like M. Le Peletier. I admire everything, and explain nothing.

DEMOCRACY

 
Le pire des états, c'est l'état populaire.
That sway is worst, in which the people rule.
 

Such is the opinion which Cinna gave Augustus. But on the other hand, Maximus maintains, that

 
Le pire des états, c'est l'état monarchique.
That sway is worst, in which a monarch rules.
 

Bayle, in his "Philosophical Dictionary," after having repeatedly advocated both sides of the question, gives, under the article on "Pericles," a most disgusting picture of democracy, and more particularly that of Athens.

A republican, who is a stanch partisan of democracy, and one of our "proposers of questions," sends us his refutation of Bayle and his apology for Athens. We will adduce his reasons. It is the privilege of every writer to judge the living and the dead; he who thus sits in judgment will be himself judged by others, who, in their turn, will be judged also; and thus, from age to age, all sentences are, according to circumstances, reversed or reformed.

Bayle, then, after some common-place observations, uses these words: "A man would look in vain into the history of Macedon for as much tyranny as he finds in the history of Athens."

Perhaps Bayle was discontented with Holland when he thus wrote; and probably my republican friend, who refutes him, is contented with his little democratic city "for the present."

It is difficult to weigh, in an exquisitely nice balance, the iniquities of the republic of Athens and of the court of Macedon. We still upbraid the Athenians with the banishment of Cimon, Aristides, Themistocles, and Alcibiades, and the sentences of death upon Phocion and Socrates; sentences similar in absurdity and cruelty to those of some of our own tribunals.

In short, what we can never pardon in the Athenians is the execution of their six victorious generals, condemned because they had not time to bury their dead after the victory, and because they were prevented from doing so by a tempest. The sentence is at once so ridiculous and barbarous, it bears such a stamp of superstition and ingratitude, that those of the Inquisition, those delivered against Urbain Grandier, against the wife of Marshal d'Ancre, against Montrin, and against innumerable sorcerers and witches, etc., are not, in fact, fooleries more atrocious.

It is in vain to say, in excuse of the Athenians, that they believed, like Homer before them, that the souls of the dead were always wandering, unless they had received the honors of sepulture or burning. A folly is no excuse for a barbarity.

A dreadful evil, indeed, for the souls of a few Greeks to ramble for a week or two on the shores of the ocean! The evil is, in consigning living men to the executioner; living men who have won a battle for you; living men, to whom you ought to be devoutly grateful.

Thus, then, are the Athenians convicted of having been at once the most silly and the most barbarous judges in the world. But we must now place in the balance the crimes of the court of Macedon; we shall see that that court far exceeds Athens in point of tyranny and atrocity.

There is ordinarily no comparison to be made between the crimes of the great, who are always ambitious, and those of the people, who never desire, and who never can desire, anything but liberty and equality. These two sentiments, "liberty and equality," do not necessarily lead to calumny, rapine, assassination, poisoning, and devastation of the lands of neighbors; but, the towering ambition and thirst for power of the great precipitate them head-long into every species of crime in all periods and all places.

In this same Macedon, the virtue of which Bayle opposes to that of Athens, we see nothing but a tissue of tremendous crimes for a series of two hundred years.

It is Ptolemy, the uncle of Alexander the Great, who assassinates his brother Alexander to usurp the kingdom. It is Philip, his brother, who spends his life in guilt and perjury, and ends it by a stab from Pausanias.

Olympias orders Queen Cleopatra and her son to be thrown into a furnace of molten brass. She assassinates Aridæus. Antigonus assassinates Eumenes. Antigonus Gonatas, his son, poisons the governor of the citadel of Corinth, marries his widow, expels her, and takes possession of the citadel. Philip, his grandson, poisons Demetrius, and defiles the whole of Macedon with murders. Perseus kills his wife with his own hand, and poisons his brother. These perfidies and cruelties are authenticated in history.

Thus, then, for two centuries, the madness of despotism converts Macedon into a theatre for every crime; and in the same space of time you see the popular government of Athens stained only by five or six acts of judicial iniquity, five or six certainly atrocious judgments, of which the people in every instance repented, and for which they made, as far as they could, honorable expiation (amende honorable.) They asked pardon of Socrates after his death, and erected to his memory the small temple called Socrateion. They asked pardon of Phocion, and raised a statue to his honor. They asked pardon of the six generals, so ridiculously condemned and so basely executed. They confined in chains the principal accuser, who, with difficulty, escaped from public vengeance. The Athenian people, therefore, appear to have had good natural dispositions, connected, as they were, with great versatility and frivolity. In what despotic state has the injustice of precipitate decrees ever been thus ingenuously acknowledged and deplored?

Bayle, then, is for this once in the wrong. My republican has reason on his side. Popular government, therefore, is in itself iniquitous, and less abominable than monarchical despotism.

The great vice of democracy is certainly not tyranny and cruelty. There have been republicans in mountainous regions wild and ferocious; but they were made so, not by the spirit of republicanism, but by nature. The North American savages were entirely republican; but they were republics of bears.

The radical vice of a civilized republic is expressed by the Turkish fable of the dragon with many heads, and the dragon with many tails. The multitude of heads become injurious, and the multitude of tails obey one single head, which wants to devour all.

Democracy seems to suit only a very small country; and even that fortunately situated. Small as it may be, it will commit many faults, because it will be composed of men. Discord will prevail in it, as in a convent of monks; but there will be no St. Bartholomews there, no Irish massacre, no Sicilian vespers, no Inquisition, no condemnation to the galleys for having taken water from the ocean without paying for it; at least, unless it be a republic of devils, established in some corner of hell.

After having taken the side of my Swiss friend against the dexterous fencing-master, Bayle, I will add: That the Athenians were warriors like the Swiss, and as polite as the Parisians were under Louis XIV.; that they excelled in every art requiring genius or execution, like the Florentine in time of the Medici; that they were the masters of the Romans in the sciences and in eloquence, even in the days of Cicero; that this same people, insignificant in number, who scarcely possessed anything of territory, and who, at the present day, consist only of a band of ignorant slaves, a hundred times less numerous than the Jews, and deprived of all but their name, yet bear away the palm from Roman power, by their ancient reputation, which triumphs at once over time and degradation.

Europe has seen a republic, ten times smaller than Athens, attract its attention for the space of one hundred and fifty years, and its name placed by the side of that of Rome, even while she still commanded kings; while she condemned one Henry, a sovereign of France, and absolved and scourged another Henry, the first man of his age; even while Venice retained her ancient splendor, and the republic of the seven United Provinces was astonishing Europe and the Indies, by its successful establishment and extensive commerce.

This almost imperceptible ant-hill could not be crushed by the royal demon of the South, and the monarch of two worlds, nor by the intrigues of the Vatican, which put in motion one-half of Europe. It resisted by words and by arms; and with the help of a Picard who wrote, and a small number of Swiss who fought for it, it became at length established and triumphant, and was enabled to say, "Rome and I." She kept all minds divided between the rich pontiffs who succeeded to the Scipios —Romanos rerum dominos– and the poor inhabitants of a corner of the world long unknown in a country of poverty and goîtres.

The main point was, to decide how Europe should think on the subject of certain questions which no one understood. It was the conflict of the human mind. The Calvins, the Bezas, and Turetins, were the Demostheneses, Platos, and Aristotles, of the day.

The absurdity of the greater part of the controversial questions which bound down the attention of Europe, having at length been acknowledged, this small republic turned our consideration to what appears of solid consequence – the acquisition of wealth. The system of law, more chimerical and less baleful than that of the supralapsarians and the sublapsarians, occupied with arithmetical calculations those who could no longer gain celebrity as partisans of the doctrine of crucified divinity. They became rich, but were no longer famous.

It is thought at present there is no republic, except in Europe. I am mistaken if I have not somewhere made the remark myself; it must, however, have been a great inadvertence. The Spaniards found in America the republic of Tlascala perfectly well established. Every part of that continent which has not been subjugated is still republican. In the whole of that vast territory, when it was first discovered, there existed no more than two kingdoms; and this may well be considered as a proof that republican government is the most natural. Men must have obtained considerable refinement, and have tried many experiments, before they submit to the government of a single individual.

In Africa, the Hottentots, the Kaffirs, and many communities of negroes, are democracies. It is pretended that the countries in which the greater part of the negroes are sold are governed by kings. Tripoli, Tunis, and Algiers are republics of soldiers and pirates. There are similar ones in India. The Mahrattas, and many other Indian hordes, have no kings: they elect chiefs when they go on their expeditions of plunder.

Such are also many of the hordes of Tartars. Even the Turkish Empire has long been a republic of janissaries, who have frequently strangled their sultan, when their sultan did not decimate them. We are every day asked, whether a republican or a kingly government is to be preferred? The dispute always ends in agreeing that the government of men is exceedingly difficult. The Jews had God himself for their master; yet observe the events of their history. They have almost always been trampled upon and enslaved; and, nationally, what a wretched figure do they make at present!