3. Thirdly, let us take the great good of civil government. The human race is scattered over all countries, in divisions which range as to amount of population from the smallest independent tribe to the largest empire. God suffered them to pursue their own course, to engage in numberless wars, and to pass through a succession of the most opposite circumstances, but He implanted in them from the beginning, and preserved in them throughout, the instinct of society, which develops in government. And He established that government in possession by the patriarchal constitution of life, which each portion of the race at its first start in independence took with it. By this He maintained order and peace, as a rule, in the bosom of each community; the smallest and the greatest alike possessed the commonwealth in the midst of them, which was thus, independent of walls and forts, a citadel of safety. Not even the most savage tribe in the most desolate northern wilderness, barren shore, or inland lake, was left in its self-wrought degradation without this support. In cultured nations, such as the Egyptians, Assyrians, Persians, Indians, Chinese, the State attained a high degree of perfection; while from the practice of the Hellenic cities Plato and Aristotle could draw principles of government which are of value for all time; and Rome, the queen-mother of cities, has been the teacher of state-wisdom to mankind. But what I wish to note here is that civil government was everywhere throughout the dispersion of the nations a dam, constructed by Divine Providence, sufficiently strong to resist the inundation of evils brought about by man’s abuse of his moral freedom. It was the moon in heaven which shone as a stable ordinance of God amid the storms and darkness of human life in the fall of heathendom. It belonged to man as man and never departed from him; because as conscience was given to the individual, the witness and mark of God, sovereignty was given to the community, a delegation of the divine kingship. “It is entirely by the providence of God that the kingdoms of men are set up,” says a great father.11 “He gave to every one of them, said the Son of Sirach, commandment concerning his neighbour. Their ways are always before him, they are not hidden from his eyes. Over every nation he set a ruler, and Israel was made the manifest portion of God” (Ecclus. xvii. 12-15).
The human race, from its beginning and through all its dispersion, was never in any of its parts without civil government. The headship of Adam, repeated in Noah, itself a vicarious exercise of divine authority, rested, amid its dispersion and partial degradation, upon each portion of the race, so that it might never be kingless and lawless: never a herd, always a society.
This great good had also its corruption, into which it very frequently fell; the corruption of tyranny. Against this the Book of Wisdom (vi. 2-5) warned: “Hear therefore ye kings and understand: learn ye that are judges of the ends of the earth. Give ear, you that rule the people, and that please yourselves in multitudes of nations. For power is given you by the Lord, and strength by the most High, who will examine your works, and search out your thoughts: because being ministers of his kingdom, you have not judged rightly, nor kept the law of justice, nor walked according to the will of God.” But this corruption of tyranny no more destroys the good of government or its testimony as the mark of the Creator, than the corruption of marriage by concubinage, or the offering of sacrifice to false gods, impairs the testimony of those institutions.
4. The fourth good which I shall note as running through all the nations of the dispersion, is the alliance between government and religion. Distance of place, diversity of language, division of the idea of God into separate divinities, which become the guardians of their several peoples, these causes all co-operate to sever from each other the various peoples and to make them enemies. But observe, at the same time, with this hardening and estrangement of the peoples from each other, the enlacement of all human life, public and private, by the rites and ties of religion in each society. At the head of the new race we have seen Noah offering sacrifice for his family, and a covenant with the whole earth struck in that sacrifice between God and man. That aspect of the public society towards religion was not altered during the whole course of heathendom, and in all its parts. It is a relation of the strictest alliance. No nation, no tribe of man, up to the coming of Christ, conceived any condition of society in which the Two Powers should not co-operate with each other. “If it be asked,” says Bossuet,12 “what should be said of a State in which public authority should be established without any religion, it is plain at once that there is no need to answer chimerical questions. There never were such States. Peoples, where there is no religion, are at the same time without policy, without real subordination, and entirely savage.” It is a fact which we see stretching through all the times and all the nations of the dispersion, that however tyrannical the government, and however corrupt the belief, still the separation of government from religion was never for a moment contemplated. A Greek or a Roman, and no less an Egyptian or an Assyrian, an Indian or a Chinese, must have renounced every habit of his life, every principle in which he had been nurtured, to accept such a divorce. For all of them alike, “ancestral laws” and “ancestral gods,” went together. He who was traitor to the city’s worship was considered to overthrow its foundation. In this point of view heathendom in all its parts continued to be profoundly religious. It risked the life of a favourite of the people when the statues of a god at Athens were mutilated, as it was supposed, with the connivance of Alcibiades; and Marcus Aurelius, stoic philosopher as he was, offered countless sacrifices for the Roman people, as Noah offered sacrifice for his family; and the Chinese Son of Heaven is to this day the father of his family who unites religious and civil power in his sacred person, and calls upon his people for the obedience of children.
The corruption of this relation between civil government and religion, which was an original good of the race, was the forcible maintenance of the polytheistic idolatry with all the moral abominations which it had introduced. But the corruption does not belong to the relation itself; it issues, as in the preceding cases, from the abuse of his free-will by man.
Here then are four goods, marriage, religion, as summed up in sacrifice, civil government, and alliance between civil government and religion, which we find embedded in the whole human society from the beginning, going with it through all its fractions, untouched by its wars, dissensions, and varieties of belief, suffering indeed each one of them by man’s corruption, but lasting on. The force of any one of them as testimony to the unity of God who alone could have established it in the race, and so through Him to the unity of the race in which it is found established, and so, further, to the whole account of Moses, would be very great and not easily resisted by a candid mind seeking nothing but the truth. But how great is the cumulative evidence of the four together to the exactness of the account of the race’s origin, establishment, and education, which we receive through Moses.
How strangely also are these goods of the race contrasted each one of them and all together with a great evil, universal like them, but man’s own invention, the result of his wars and of the destruction of the feeling of brotherhood, in the various portions into which the race divided. The hideous plague-spot of slavery, which yet is one institution running through the race, attests also its unity, attests by its contrast with the four goods, by its practical denial of their beneficent action so far as the slave is concerned, the degradation of the race from that condition of a family having one end in the worship of one God, one brotherhood, a common care and charge of its members, a common interest in which it started.
The sum then of the whole period which begins from the dispersion of mankind at Babel and runs on to the coming of Christ is the progressive moral degradation of a race founded in the unity of a family. That unity itself rested upon the fidelity of the race to the belief and worship of the God who created it. The race voluntarily parted from this belief and worship; its own division followed; mutual enmity supplanted brotherhood, and the end is to create two classes of men, dividing society in each nation into the bond and the free. The nations themselves have lost all remembrance that they were once actually brothers by one hearth. Yet they still contain in themselves indisputable proof of that original unity. There is not only the common nature which language, the token of reason, raises to a dignity utterly incommensurable with the condition of any other animal; but great divine institutions planted at the beginning endure amid the corruption which has dimmed their original beauty, and testify to the providence which has preserved them amid the surging flood of heathenism for future restoration of the race.
The account of the human race in its origin and its dispersion thus presented allows for the existence of tribes in every part of the world, who, through their isolation, the effect of nomad life, war, and severities of climate, but most of all by that tendency to degrade itself – to fall from known truth to error – which is the characteristic of the race, and through the impairing of social life which thus ensues, have left records of their uncultivated or even savage condition, which an eager search is continually discovering. These records have been taken as aids to a theory which, rejecting the scriptural and traditional account of man’s origin, would wish him to start from men of different races, or from universal savagery, or even from the ape as an ancestor. But, while on the one hand the existence of such tribes is no difficulty in the scriptural record of the dispersion, where they may be fully accounted for by the causes above-mentioned, the universal existence of the four great goods in the most ancient nations, where they appear also purest at the most remote time, is quite incompatible with either of the three invented origins of the human race. Neither different races of men, originally distinct and separated, nor universal savagery, and far less fathership of the ape, will develop into simultaneous existence four uniform institutions found through the widest range of divided nations, such as marriage, a religion based on sacrifice, civil government, and the alliance between government and religion. An original language accounts for the proofs of unity embedded in the primary structure of the Aryan tongues, and science professes its full belief in such unity. It is but a parallel to this to say that a creative hand impressing itself on the plastic origin of the race accounts for the existence of these goods in the most-widely severed branches of it. But that scattered savages should emerge from savagery into cultivation of the same ideal, or different races in their dispersion pitch upon the same very marked peculiarities of social life, or the ape teach his offspring the highest requirements of human society, such imaginations are contrary to the collective testimony of reason, experience, and history. Perhaps one must go altogether beyond the bounds of true science to account for their arising, and attribute them to that passionate dislike of a creating God, which is the recoil from the condition of a creature subject to responsibility for his actions.
On the contrary, pure historical inquiry, going back in the dry light of science to the archaic society of nations as they first appear to us at the beginning of written records, shows this remarkable chain of facts. A condition of things is found existing, of which the only explanation is that family was the nidus out of which sprung forth the House, then the Tribe, then the Commonwealth with its patriarchal government. When property is traced to its origin it seems to be first found in the family as joint-ownership; and further, its succession is blended inexplicably with the existence and state of the family. Again, the close union of government with religion finds its root in the family. No testimony can be more unsuspicious than that of the learned author of “Ancient Law,” who observes (p. 4), that “the earliest notions connected with the conception of a law or rule of life are those contained in the Homeric words θεμις and Themistes.” “The divine agent, suggesting judicial awards to kings or to gods, the greatest of kings, was Themis.” She is the assessor of Zeus, the human king on earth, not a law-maker, but a judge. The Themistes are the judgments, in fact, of a patriarchal sovereign, “whose judgment, when he decided a dispute by a sentence, was assumed to be the result of direct inspiration.” And Themis and Themistes were (p. 6) “linked with that persuasion which clung so long and so tenaciously to the human mind of a divine influence underlying and supporting every relation of life, every social institution. In early law, and amid the rudiments of political thought, symptoms of this belief met us on all sides. A supernatural presidency is supposed to consecrate and keep together all the cardinal institutions of those times, the State, the Race, and the Family. Men, grouped together in the different relations which these institutions imply, are bound to celebrate periodically common rites and to offer common sacrifices; and every now and then the same duty is even more significantly recognised in the purifications and expiations which they perform, and which appear intended to deprecate punishment for involuntary or neglectful disrespect. Everybody acquainted with ordinary classical literature will remember the Sacra Gentilicia which exercised so important an influence on the early Roman law of adoption and of wills. And to this hour the Hindoo Customary Law, in which some of the most curious features of primitive society are stereotyped, makes almost all the rights of persons and all the rules of succession hinge on the due solemnisation of fixed ceremonies at the dead man’s funeral, that is, at every point where a breach occurs in the continuity of the family.”
Thus every king, as history begins, appears in a position which recalls the memory of Adam or of Noah, as the divinely appointed judge, whose office springs out of his fathership. The original consecration, which rested on the government of the race when it begun, is seen not yet to have parted from its scattered members in their tribal or national insulation.13
It is observed of Homeric Greece that “the people in its orderly arrangement of family or clans, or tribal relationships coming down from the patriarchal form of life, derives its unity from its king, whose power as little springs from the people as that of the father from his children.” Thus he possesses this power not in virtue of compact or choice, but simply from Zeus.
Οὐ μέν πως πάντες βασιλεύσομεν ἐνθάδ’ Ἀχαιοί.
οὐκ ἀγαθὸν πολυκοιρανίν· εἷς κοίρανος ἔστω,
εἷς βασιλεὺς, ᾧ δῶκε Κρόνου παῖς ἀγκυλομήτεω
σκῆπτροντ’ ἠδὲ θέμιστας, ἵνα σφίσιν ἐμβασιλέυῃ.
– Iliad, 2. 203.
This conception shows itself not merely on occasion in the poet, as perhaps in the well-known epithets, Jove-born, Jove-nurtured, friend of Jove, or in the genealogies which connect with the gods the princely races by ties of blood, but he has a distinct theory on the subject variously expressed.
ἐπεὶ οὔποθ’ ὁμοίης ἔμμορε πμῆς
σκηπτοῦχος βασιλὲυς, ᾧ τε Ζεὺς κῦδος ἔδωκε.
Agamemnon’s sceptre, the symbol of his rule over the Peloponnesus, is referred to the immediate gift of Jupiter.
The effect of this evidence, says the author just before cited, derived from comparative jurisprudence, is to establish that view of the primeval condition of the human race which is known as the “Patriarchal Theory.” This is, “that the eldest male parent – the eldest ascendant – is absolutely supreme in his household. His dominion extends to life and death, and is as unqualified over his children and their houses as over his slaves; indeed, the relations of sonship and serfdom appear to differ in little beyond the higher capacity which the child in blood possesses of becoming one day the head of a family himself. The flocks and herds of the children are the flocks and herds of the father; and the possessions of the parent, which he holds in a representative rather than a proprietary character, are equally divided at his death among his descendants in the first degree, the eldest son sometimes receiving a double share under the name of birthright, but more generally endowed with no hereditary advantage beyond an honorary precedence.” “The sum of the hints given us by legal antiquities” is that “men are first seen distributed in perfectly insulated groups, held together by obedience to the parent. Law is the parent’s word. When we go forward to the state of society in which those early legal conceptions show themselves as formed, we find that they still partake of the mystery and spontaneity which must have seemed to characterise a despotic father’s commands, but that at the same time, as they proceed from a sovereign, they presuppose a union of family groups in some wider organisation. The next question is, what is the nature of this union and the degree of intimacy which it involves? It is just here that archaic law renders us one of the greatest of its services, and fills up a gap which otherwise could only have been bridged by conjecture. It is full in all its provinces of the clearest indications that society, in primitive times, was not what it is assumed to be at present, a collection of individuals. In fact, and in the view of the men who composed it, it was an aggregation of families. The contrast may be most forcibly expressed by saying that the unit of an ancient society was the Family, of a modern society, the Individual.”
“In most of the Greek states, and in Rome, there long remained the vestiges of an ascending series of groups, out of which the State was at first constituted. The Family, House, and Tribe of the Romans may be taken as the type of them; and they are so described to us that we can scarcely help conceiving them as a system of concentric circles which have gradually expanded from the same point. The elementary group is the family, connected by common subjection to the highest male ascendant. The aggregation of Families forms the Gens or House. The aggregation of Houses makes the Tribe. The aggregation of Tribes constitutes the Commonwealth. Are we at liberty to follow these indications, and to lay down that the commonwealth is a collection of persons united by common descent from the progenitor of an original family? Of this we may at least be certain, that all ancient societies regarded themselves as having proceeded from one original stock, and even laboured under an incapacity for comprehending any reason except this for their holding together in political union. The history of political ideas begins, in fact, with the assumption that kinship in blood is the sole possible ground of community in political functions; nor is there any of those subversions of feelings, which we term emphatically revolutions, so startling and so complete as the change which is accomplished when some other principle – such as that, for instance, of local contiguity – establishes itself for the first time as the basis of common political action. It may be affirmed, then, of early commonwealths that their citizens considered all the groups in which they claimed membership to be founded on common lineage.”
“The conclusion, then, which is suggested by the evidence is, not that all early societies were formed by descent from the same ancestor, but that all of them, which had any permanence or solidity, either were so descended, or assumed that they were. An indefinite number of causes may have shattered the primitive groups; but wherever their ingredients recombined, it was on the model or principle of an association of kindred. Whatever was the fact, all thought, language, and law adjusted themselves to the assumption” (p. 131).
“On a few systems of law the family organisation of the earliest society has left a plain and broad mark in the life-long authority of the Father, or other ancestor, over the person and property of his descendants, an authority which we may conveniently call by its later Roman name of Patria Potestas. No feature of the rudimentary associations of mankind is deposed to by a greater amount of evidence than this, and yet none seems to have disappeared so generally and so rapidly from the usages of advancing communities” (p. 135).
“It may be shown, I think, that the Family, as held together by the Patria Potestas, is the nidus out of which the entire Law of Persons has germinated” (p. 152).
“When we speak of the slave as anciently included in the Family, we intend to assert nothing as to the motives of those who brought him into it or kept him there; we merely imply that the tie which bound him to his master was regarded as one of the same general character with that which united every other member of the group to its chieftain. This consequence is, in fact, carried in the general assertion already made, that the primitive ideas of mankind were unequal to comprehending any basis of the connection inter se of individuals apart from the relations of Family” (p. 164).
“The point which before all others has to be apprehended in the constitution of primitive societies, is that the individual creates for himself few or no rights and few or no duties. The rules which he obeys are derived first from the station into which he is born, and next from the imperative commands addressed to him by the chief of the household of which he forms part” (p. 311).
Then as to the union of government with religion: – “A stage occurs in the history of all the families of mankind, the stage at which a rule of law is not yet discriminated from a rule of religion. The members of such a society consider that the transgression of a religious ordinance should be punished by civil penalties, and that the violation of a civil duty exposes the delinquent to divine correction” (p. 23). At the time of the Code of the Twelve Tables, “Roman society had barely emerged from that intellectual condition in which civil obligation and religious duty are inevitably confounded” (p. 18).
For, in fact, originally, “Law is the parent’s word” (p. 125), and “the civil Laws of States first make their appearance as the Themistes of a patriarchal sovereign” (p. 166); that is, “as separate, isolated judgments, which, consistently with the belief in their emanation from above, cannot be supposed to be connected by any thread of principle” (p. 5). Moreover, as to the origin of Property: – “It is more than likely that joint-ownership, and not separate ownership, is the really archaic institution, and that the forms of property which will afford us instruction will be those which are associated with the rights of families and the groups of kindred” (p. 259), as shown in the Indian village-community, the Russian and Slavonic village. And “we have the strongest reasons for thinking that property once belonged not to individuals, nor even to isolated families, but to larger societies composed on the patriarchal model” (p. 268). Thus the author conjectures “that private property, in the shape in which we know it, was chiefly formed by the gradual disentanglement of the separate rights of individuals from the blended rights of a community” (p. 269).
He remarks “a peculiarity invariably distinguishing the infancy of society. Men are regarded and treated not as individuals, but always as members of a particular group. Everybody is first a citizen, and then, as a citizen, he is a member of his order – of an aristocracy or a democracy, of an order of patricians or plebeians; or in those societies which an unhappy fate has afflicted with a special perversion in their course of development, of a caste; next he is member of a gens, house, or clan; and lastly he is member of his family. This last was the narrowest and most personal relation in which he stood; nor, paradoxical as it may seem, was he ever regarded as himself, as a distinct individual. His individuality was swallowed up in his family. I repeat the definition of a primitive society given before. It has for its units not individuals, but groups of men united by the reality or the fiction of blood-relationship” (p. 183). “The history of jurisprudence must be followed in its whole course, if we are to understand how gradually and tardily society dissolved itself into the component atoms of which it is now constituted; by what insensible gradations the relation of man to man substituted itself for the relation of the individual to his family, and of families to each other” (p. 185).
Such is the strong – may we not say irrefragable? – testimony which the condition of human society, as it emerges into the light of history, bears to the family as the cradle of man’s life. It is in the original soil of the family that the four goods we have noted, marriage, religion, government, and the alliance between religion and government, spring up together. Further, also, they are seen to be not separate, one here and another there, but bound together in the strictest coherence. For if this human race be thrown up and down throughout the world, divided and insulated in its several parts by vast distances and by thousands of years, even the scattered limbs are shaped in the mould stamped upon it at its birth, and in them government, law, property in its origin and its succession, and religion bear witness to the family character. This archaic society, from the Pacific to the Atlantic Oceans, from Scythia in the north to India in the south, is never a crowd of individuals but an organic structure: Adam and Eve prolonged and living in their race. We see that in the beginning the fathership of God created a human plant which should reveal Himself in its development, bearing in its structure and fruit an undying witness to His nature; and serving, in spite of corruption and decline, for the future exhibition of His fathership in a yet higher degree, even to the communication of the divine nature.
Whatever may be the interval of time which runs out between the dispersion of the family at Babel, and the appearance of each separate member on the platform of history – and the longer this time, the greater the marvel we note – the family remains in each as a sort of universal θεσμός upon which the commonwealth, the government, property viewed in itself and in its descent, law, and religion itself rest. The “natural state” and the “social compact” when inquired into become unsubstantial fictions; “theories plausible and comprehensive,” as the author of ancient law observes, “but absolutely unverified” (p. 3). Man is seen to be the child of Adam; and all the relations of men to each other to have been originally determined by that origin, and persistently maintained in its mould.
Now let us return to the relation between the Spiritual and the Civil Power, which forms part of this original constitution of the race.
At the head of the human race we have seen, first in Adam and then in Noah, the junction of the two orders, sovereignty and priesthood. There never was a time when the race was without government; there never was a time when the race was without sacrifice. The delegated authority of God rested ever upon the former for the prosperity of man’s life upon earth; the worship of the one God, man’s Creator and End, was summed up in the latter. All human life consists of the tissue formed by the two; and as in his first abode man’s condition was subject to his obedience to the divine command, so throughout his course his worship of God ruled his temporal condition. The lot of the antediluvian world bore witness to that truth. With Noah the experience began afresh. Then once again the covenant with Noah and his seed after him was made in sacrifice, in which the unity of God and the religion of man stand recorded, and man’s earthly lot is made dependent on the purity of his worship. Thus the two orders are seen in their origin to be both of divine institution; just as the life of man upon earth was from the beginning subordinate to his ultimate end, so government, which was created for the former, was subordinate to worship, which was created for the latter.
Let us follow rapidly the relation between man’s social state and his religion, arising out of such origin, that we may note how the degradation of worship entailed the degradation of society.
In Noah and his sons, so long as the earth continued of one tongue and speech, the priesthood belonged to the head of the family. That was its natural descent. We may suppose that the dispersion began with the same rule, but we are not able to say how long that rule continued in force. There was intended to be one priesthood offering one sacrifice over all the earth to the one God. How prodigious became the degradation when the divine unity was lost! A variety of gods was introduced; a similar variety of priesthoods followed: and the sacrifice, which was the rendering of supreme homage to the one Creator and Lord of life, in which was contained the everliving prophecy of man’s future restoration, was prostituted to a number of deities, the offspring of man’s sensual imagination, or of perverted tradition, or of worship of natural powers, or of demoniacal trickery.