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§46. - Samuel von Pufendorf, Of the Nature and Qualification of Religion, in Reference to Civil Society [1687]

Edition used:

Of the Nature and Qualification of Religion, in Reference to Civil Society, trans. Jodocus Crull, ed. and with an introduction by Simone Zurbuchen (Indianapolis: Liberty Fund, 2002).

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


§46.

Concerning the Right of calling together a Synod. In case of any Difference or Controversie concerning any Point of Doctrine which may sometimes arise in the Church, so that the Teachers are divided in their Opinions, it belongs to the Sovereign Authority to take care that these Differences may be composed, not only as the Sovereign is a Member of the Church, but as he is the Supream Head of the Commonwealth; It having been frequently observed, that Differences of Opinions and Animosities of the Parties concerned, cause great Commotions in the State. Upon such Occasions Sovereigns have a Right to call together an Assembly of the most able Divines, and to authorise them to examine the Controversie, and to determine it according to the Tenure of the Scriptures; The Supream Direction of this Assembly ought to be managed by the Prince’s Authority; For, since it can scarce be supposed that matters should be transacted there without Heats and Animosities, it will be both for the Honour and Interest of this Assembly, if by the Presence of certain Persons well versed in Business, these Heats be allayed, and matters carried on with an equal Temperament. Neither do I see how any one besides the Prince can lay claim to this Power of calling such an Assembly; for, put the case, that one Party should refuse to appear, and to submit unto the other’s Direction, which way will they be able to compel them to it? And who is it, that can with less Difficulty put in execution the Decrees of such a Synod, than he, who has the Sovereign Power in his Hands? Tho’ at the same time it ought not to be forgotten, that this Power must not extend it self beyond its due Bounds, but be suitable to the Genius of the Christian Religion. But, in case Divines out of other Countries are to be called unto this Convocation or Assembly, it is, I think, a plain case, that these cannot appear there without leave first obtained from their Sovereigns. And if a Council should be called, consisting of selected Divines out of a great many Commonwealths, this cannot be done without a foregoing Agreement made betwixt those Sovereigns that are concerned therein. For it is not allowable for Subjects of another State to come to us upon such an Account, nor can ours go to them upon such an Errand, unless by joint Consent of the higher Powers. And since Sovereigns cannot claim any Jurisdiction over one another, there will be no place left for any Prerogative, but Matters must be transacted according to mutual Contract.