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the american republic-第22章

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ority is derived from God through the  spiritual authority。  The patriarch combined in his person both  authorities; and was in his own household both priest and king;  and so originally was in his own tribe the chief; and in his  kingdom the king。  When the two offices became separated is not  known。  In the time of Abraham they were still united。   Melchisedech; king of Salem; was both priest and king; and the  earliest historical records of kings present them as offering  sacrifices。  Even the Roman emperor was Pontifex Maximus as well  as Imperator; but that was so not because the two offices were  held to be inseparable; but because they were both conferred on  the same person by the republic。  In Egypt; in the time of Moses;  the royal authority and 107                         the priestly were separated and held by  different persons。  Moses; in his legislation for his nation;  separated them; and instituted a sacerdotal order or caste。  The  heads of tribes and the heads of families are; under his law;  princes; but not priests; and the priesthood is conferred on and  restricted to his own tribe of Levi; and more especially the  family of his own brother Aaron。

The priestly office by its own nature is superior to the kingly;  and in all primitive nations with a separate; organized  priesthood; whether a true priesthood or a corrupt; the priest is  held to be above the king; elects or establishes the law by which  is selected the temporal chief; and inducts him into his office;  as if he received his authority from God through the priesthood。   The Christian priesthood is not a caste; and is transmitted by  the election of grace; not as with the Israelites and all  sacerdotal nations; by natural Generation。  Like Him whose  priests they are; Christian priests are priests after the order  of Melchisedech; who was without priestly descent; without father  or mother of the priestly line。  But in being priests after the  order of Melchisedech; they are both priests and kings; as  Melchisedech was; and as was our Lord himself; to whom was given  by his 108        Father all power in heaven and in earth。  The Pope; or  Supreme Pontiff; is the vicar of our Lord on earth; his  representativethe representative not only of him who is our  invisible High…Priest; but of him who is King of kings and Lord  of lords; therefore of both the priestly and the kingly power。   Consequently; no one can have any mission to govern in the state  any more than in the church; unless derived from God directly or  indirectly through the Pope or Supreme Pontiff。  Many theologians  and canonists in the Middle Ages so held; and a few perhaps hold  so still。  The bulls and briefs of several Popes; as Gregory VII。;  Innocent Ill。; Gregory IX。; Innocent IV。; and Boniface VIII。;  have the appearance of favoring it。

At one period the greater part of the medieval kingdoms and  principalities were fiefs of the Holy See; and recognized the  Holy Father as their suzerain。  The Pope revived the imperial  diunity in the person of Charlemagne; and none could claim that  dignity in the Western world unless elected and crowned by him;  that is; unless elected directly by the Pope or by electors  designated by him; and acting under his authority。  There can be  no question that the spiritual is superior to the temporal; and  that the temporal is bound in the very nature of things 109                                                         to conform  to the spiritual; and any law enacted by the civil power in  contravention of the law of God is null and void from the  beginning。  This is what Mr。 Seward meant by the higher law; a  law higher even than the Constitution of the United States。   Supposing this higher law; and supposing that kings and princes  hold from God through the spiritual society; it is very evident  that the chief of that society would have the right to deprive  them; and to absolve their subjects; as on several occasions he  actually has done。

But this theory has never been a dogma of the Church; nor; to any  great extent; except for a brief period; maintained by  theologians or canonists。  The Pope conferred the imperial  dignity on Charlemagne and his successors; but not the civil  power; at least out of the Pope's own temporal dominions。  The  emperor of Germany was at first elected by the Pope; and  afterwards by hereditary electors designated or accepted by him;  but the king of the Germans with the full royal authority could  be elected and enthroned without the papal intervention or  permission。  The suzerainty of the Holy See over Italy; Naples;  Aragon; Muscovy; England; and other European states; was by  virtue of feudal relations; not by virtue of the spiritual au… 110                                                              thority  of the Holy See or the vicarship of the Holy Father。  The right  to govern under feudalism was simply an estate; or property; and  as the church could acquire and hold property; nothing prevented  her holding fiefs; or her chief from being suzerain。  The  expressions in the papal briefs and bulls; taken in connection  with the special relations existing between the Pope and emperor  in the Middle Ages; and his relations with other states as their  feudal sovereign; explained by the controversies concerning  rights growing out of these relations; will be found to give no  countenance to the theory in question。

These relations really existed; and they gave the Pope certain  temporal rights in certain states; even the temporal supremacy;  as he has still in what is left him of the States of the Church;  but they were exceptional or accidental relations; not the  universal and essential relations between the church and the  state。  The rights that grew out of these relations were real  rights; sacred and inviolable; but only where and while the  relations subsisted。  They; for the most part; grew out of the  feudal system introduced into the Roman empire by its barbarian  conquerors; and necessarily ceased with the political order in  which they originated。  Undoubtedly the church consecrated 111                                                            civil  rulers; but this did not imply that they received their power or  right to govern from God through her; but implied that their  persons were sacred; and that violence to them would be  sacrilege; that they held the Christian faith; and acknowledged  themselves bound to protect it; and to govern their subjects  justly; according to the law of God。

The church; moreover; has always recognized the distinction of  the two powers; and although the Pope owes to the fact that he is  chief of the spiritual society; his temporal principality; no  theologian or canonist of the slightest respectability would  argue that he derives his rights as temporal sovereign from his  rights as pontiff。  His rights as pontiff depend on the express  appointment of God; his rights as temporal prince are derived  from the same source from which other princes derive their  rights; and are held by the same tenure。  Hence canonists have  maintained that the subjects of other states may even engage in  war with the Pope as prince; without breach of their fidelity to  
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