man, He implanted within him the natural law. And what is this natural law? Conscience has revealed it to us and has given us the notion of right and wrong.' St. Augustine holds that law, which is supreme reason, must by every thinking person be seen to be eternal and immutable.2

The Decretum of Gratian, which appeared in 1150 and was one of the chief works on Canon Law throughout the Middle Ages, begins with a consideration of Natural Law. It declares divine law to rest upon human nature, while human laws rest upon custom.

"Natural Right is common to all nations because it rests upon the instinct of nature, not upon ordinance, as the union of male and female; the succession and education of children; the common possession of all things and the equal liberty of all men; the acquisition of whatever is taken in the sky, on land or sea; the restitution of everything given in trust, or of money committed to charge; the repulsion of force by force. For these and similar things were never held to be unjust, but to be natural and equal." Natural Right differs from custom and ordinance. While by the former all things are common to all, by the latter this is mine, that another's. By its dignity Natural Right prevails over custom and ordinance. Whatever is contrary to it in custom or ordinance should be regarded as null and void.1

3

From the Decretum of Gratian the conception of Natural Law passes into the literature of scholasticism. We find this theory fully explained by Thomas Aquinas

1 Chrysostom, Oratio ad pop. Antiochenum, xii. 9.

2 De libero arbitrio, Ch. 6.

3 Decretum Gratiani, Ed. Friedberg, I. 1.

'Decretum Gratiani, I. 8.

(1225–1274), the greatest teacher of the Middle Ages. Aquinas distinguishes four kinds of laws: 1. The eternal law,1 constituting the plan according to which God created the universe and governs it; 2. Natural Law,2 which is a derivation from the eternal law, being the impression of the divine light in man; 3. Human laws, which are deductions from the precepts of Natural Law, designed to regulate certain affairs more particularly; 4. The divine law, which is revealed in the Scriptures."

3

Aquinas teaches that though there exists no universal earthly state, nor universal human law, there is a universal divine law, which is the highest reason, existing in God, and which is the source of all other laws. Natural Law is not in its essence different from the divine law, but is simply that part of the latter which is known to rational beings. Implanted in man at his creation, it has ever since survived in the human conscience. Man learns this Natural Law directly through the light of Natural Reason. But while man knows the divine law only in part, God knows it in its entirety. Natural Law existing in the nature of things, is not instituted by any human authority, and is unchangeable. According to this law things occur by necessity, while those actions with which human laws deal are performed because commanded. Whoever obeys the dictates of Natural Law is a virtuous man, for virtuous actions are agreeable to nature, while criminal or vicious actions are contrary to nature and reason." The sum and sub

1 Thomas Aquinas, Summa la, 2 ae, xci. 1, 2, 3, lex aeterna. 2 Lex naturalis.

stance of Natural Law is to do right and avoid doing wrong.

Aquinas distinguishes three branches of Natural Law, according as it applies to all substances, to all animals, or to mankind only. First," says Aquinas, "there is in man an inclination toward that which is good by nature, which he shares with all substances, and according to which each substance strives after selfpreservation. As a result of this inclination those things pertain to Natural Law by which the life of man is preserved and injuries warded off. Then there is in man an inclination toward other things more especially according to Nature, which he shares with other animals; in accordance with which tendency those things are according to the Law of Nature, which Nature teaches to all animals, of which class are the conjunction of male and female, the education of offspring, and the like. Finally, there dwells in man an inclination toward that which is good according to the nature of reason, which tendency is confined to man; thus, man has a desire to know the truth concerning God, and a longing to live in society; wherefore those things pertain to Natural Law which apply to this inclination, to which class belong the injunction that man should shun ignorance, that he should not offend his associates, and other matters of like nature."

Aquinas maintains that no government can command what is contrary to Natural Law without becoming tyrannical. This amounts to an acknowledgment of the limitation of sovereignty. He regards it as the duty of the ruler to secure the common welfare." But there is little in his system of political philosophy that Summa, 1a, 2 ae, xciv. 2.

De Regimine Principum, I. 2, 3.

savors of individual freedom. Though he opposes the tyranny of temporal rulers, he maintains the infalli-/ bility and absolute power of the pope-a despotism which is worse, if anything, than that of temporal princes.

CHAPTER II

THE SIXTEENTH AND SEVENTEENTH CENTURIES

THE tyranny of the Church, as well as of the feudal lords, prevented the development of individual liberty during the Middle Ages, except so far as the privileged classes were concerned.

As a result of the intimate union between Church and State which had been brought about by Constantine, the temptation to employ the power which had now been placed at her disposal became too great for the Church to withstand. The Christian faith, which had hitherto spread by virtue of its inherent strength, was now extended by the employment of force. Heresy was suppressed as the worst of crimes. Freedom of thought was extinguished. The religion which had at its origin been so remarkable a factor in promoting the enfranchisement of the individual, became, during the Middle Ages, an instrument of his enslavement. There is but one qualification which must be made to this statement: the Church, though inimical to liberty, did endeavor to secure as large a degree of equality as possible, by working for the abolition of serfdom.

Not only had the influence of Christianity as a factor in the evolution of individual liberty been diminished, but the other factor in this process, namely, the individualism of the Teutonic peoples, had likewise failed to accomplish what it might have, had not the growth of feudalism weakened its force. Feudalism