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§5 - Samuel von Pufendorf, The Divine Feudal Law: Or, Covenants with Mankind, Represented [1695]

Edition used:

The Divine Feudal Law: Or, Covenants with Mankind, Represented, trans. Theophilus Dorrington, ed. with an Introduction by Simone Zurbruchen (Indianapolis: Liberty Fund, 2002).

About Liberty Fund:

Liberty Fund, Inc. is a private, educational foundation established to encourage the study of the ideal of a society of free and responsible individuals.


§5

And that either Universal or Limited.Now the Political Toleration of Religion, which is yielded to such as have not a Right to it, consists in this. They are suffer’d, notwithstanding their difference in Religion, and while that remains, yet to live quietly in the Civil Society, and enjoy in common with others the benefit of the Laws, and Protection of the Government. And this Toleration is either Universal or Limited. The Universal one is when all of every Sort have equal Liberty for the publick Exercise of their Religion, and there is no difference made upon the account of Religion, but every one enjoys all the Rights and Priviledges of a Subject in that State. The Limited one is when the greater Part of the Nation indulges to the lesser the Exercise of their Religion, limited by certain Laws. As for instance, that it be in their Houses only, or with their Doors shut: And when they are excluded from some Benefits of the Subjects of that State, and from bearing Offices of Honour and Profit. This Political Toleration, where those Things are observ’d, which I have mention’d in the Relation of Christian Religion to the Civil Life, Sect. 51.3 is found by Experience to produce a great Increase of People in a State; because a Multitude of Strangers will put themselves in there for the sake of that desir’d Liberty, which they could not elsewhere enjoy. And in such Places it is more necessary that the Ministers of the Church be well studied in Divinity, and very exemplary in their Life and Manners, that they may maintain their Esteem and Reputation, and be free from the Reproaches of the adverse Party, than where they have none to emulate them, in which Case they are more liable to fall into Sloth and ill Manners. And in such Places too it commonly comes to pass that they are wont with more Application and Endeavour to instruct and confirm their People in their Religion, as accounting it their Disparagement to have them drawn away to another Sect. But that which greatly concerns the Prince of such a People where different Religions are tolerated, is, that he do take care that the Liberty granted to all be strictly maintain’d, and that it be not either openly violated, or by any indirect Methods abridg’d. And he must not suffer that any one Party, where the Toleration is Universal, and much rather where all have the Liberty of Religion in their own Right, do by Factions, or secret Artifices, put by those who differ from them in Religion from bearing publick Offices, or withhold them from any of the common Benefits of Subjects, or be any otherwise troublesome to them. For indeed the Prince, if he does with Equity and Prudence manage this Matter, will find, that those of the Subjects who profess a different Religion from his own, will be more respectful and officious to him than those of his own Religion; because they will hold it a special Demonstration of his Goodness and Favour, if they find themselves not the less esteem’d and regarded by him for their different Opinion: When as they who profess the same Religion with him, will think all Things their right and due that he does for them, and hardly hold themselves at all oblig’d to him for it. But when we recommend a Toleration of those that differ in Religion, it must be understood that this is to be granted only where the tolerated Party has no Principles of Religion, which are contrary to the Peace and Safety of the State, nor such as are apt and tending in their own Nature to create Troubles and Commotions in the Commonwealth. As among the Roman Party, the Priests, especially, hold many Opinions which are greatly to the Prejudice of the Civil Magistrate. The Fountain and Source of which Opinions is this, that they feign the Church to be a peculiar and distinct State, altogether Independent, and no way Obnoxious to the civil Government. So that in the Toleration of those who are subject to that State, they must be tolerated, who will not account themselves the Subjects of the Government of their Nation, but of him who is the Head of their Church, that is, of a Foreign Prince. At least where the State cannot be freed altogether from the Men of that Party, there must be care taken that no Foreign Priests do make their Nests there, or such who are bound by peculiar Vow to the Bishop of Rome. Who are always acted by a boundless Zeal to promote his Dominion, and to ruin those of a different Religion. Moreover, it must be observ’d, that what we have said above concerning the Toleration of different Religions, concerns only those who live in the same Nation. And as for several Nations, as in all other Things, every one of them ought to injoy their Liberty without being Obnoxious to any other; so since Religion ought not to be propagated by Force, and the Sword, none of them is bound to be accountable for the Religion they entertain to any but Almighty God. Therefore every Nation does in its own Right, with respect to other Nations, practice the Religion which it likes best: And if upon that account it is Invaded by another, it may justly oppose Force to Force in this Case, as well as in Vindication of any other of its Rights. But if any Nation professes a Religion which obliges and drives them to the Oppression of all other Religions, the same Remedies are lawful to be made use of against them, which may be used against any others that seek to destroy in general the Liberties of their Neighbours. Nor do we believe that the Directions which we have in Scripture for Patience under Persecution, are to be extended further than so as to be reckon’d to oblige Subjects to the practice of it, when their Princes abuse their Authority and Power to impose upon them a Religion which they cannot in Conscience receive.

[3.]Of the Nature and Qualification of Religion in Reference to Civil Society (1698), ed. Simone Zurbuchen (Indianapolis: Liberty Fund, 2002).