is to be wished, and ought to be endeavoured, to procure but one Faith and religion in a State.” He further suggests that, “where there is not any Publick Form of Religion established in a Commonwealth, it is the Sovereign’s care, that one may be composed.” Whether a sovereign upholds religious unity in the state or tolerates religious dissent is a question of the “Common Interest of the Commonweal” (sec. 49). Depending on time and circumstances, sovereigns may either banish dissenters or “tolerate such of their Subjects as are of a different Opinion from the Established Religion” (sec. 50). Toleration is thus conceived as a privilege granted to dissenting individuals or groups by the ruler.
In view of the shift of argumentation in the last sections of the work, the question may be raised whether Pufendorf did not himself offer powerful arguments justifying Louis XIV’s expulsion of the Huguenots from France. This is certainly not how Pufendorf saw it, for he goes on to argue that sovereigns are obligated to tolerate dissenters “if they, when they first submitted to the Government, had their Liberty of Conscience granted them by Contract; or have obtain’d it afterwards by certain Capitulations, any following Statutes, or by the fundamental Laws of the Land” (sec. 50). This applies to the Huguenots, who had been granted toleration by the Edict of Nantes. It applies also to the Lutheran, Calvinist, and Catholic communities in the German empire, whose rights were guaranteed by the Peace of Westphalia. Those communities of the officially recognized confessions that had settled after 1624, however, as well as other Protestant and Jewish communities without contractual guarantees, had no claim to toleration in principle. The relevant principle was, rather, that of cuius regio, eius religio, which Pufendorf confirmed in the last sections of his work, leaving authority in religious matters to princes and magistrates and making toleration an instrument to maintain political stability or to promote economic prosperity.
V
Except for the treatises on natural law, little is known about the translation and reception of Pufendorf’s works in Great Britain. As the translations indicate,9 his writings on religion and politics were met with considerable interest. While Divine Feudal Law was left to others, Crull, the translator of the present text, also had a part in disseminating the Introduction to the History of the Principal Kingdoms and States of Europe. It was first published in 1695 and reedited, at times amended, more than ten times by the middle of the eighteenth century. Crull’s biography10 may explain why he felt expert in translating the works of a German author into English. He was a native of Hamburg who applied himself to medicine, taking M.D. degrees at Leyden and Cambridge. In 1681 he became a member of the Royal Society but was unable to pay the fees because of lack of success in his profession. He subsisted principally by translating and compiling for booksellers. More telling than the few available biographical facts is, however, Crull’s dedication of Pufendorf’s work Of the Nature and Qualification of Religion to the right honorable William, Lord Craven.11 Here he recommends the work for sustaining a middle position between two extremes, one represented by those “who center the utmost Felicity of Civil Society in a Democratical form of Government,” the other by “Mr. Hobbes’s Monstrous Principles” concerning the unlimited power of the sovereign.12 Hinting at the theory of sovereignty contained in The Law of Nature and The Whole Duty of Man, Crull first observes that according to Pufendorf sovereignty is not necessarily attributed to a monarch, but sometimes also to a council. Thus in theory Pufendorf accepts monarchy, aristocracy, and democracy as three legitimate forms of government.13 Crull then points to Pufendorf’s warning to young lawyers, contained in the “appendix” to the work, “to take care, that under the Pretence of maintaining the Prerogatives of Princes, they should not be prodigal of their Liberty and Property.” For the modern reader as much as for Crull, the “appendix” is of special interest, because it is directed against Thomas Hobbes, whom Pufendorf calls “the first Inventer of this unlimited Power” [of the sovereign] and “the worst Interpreter that ever was in Divinity.” This criticism was occasioned by Adrian Houtuyn’s revival of Hobbes’s opinion in A Political Epitomy, Concerning the Power of Sovereigns in Ecclesiastical Affairs, contained in his 1681 work Politica contracta generalis.14 As the only modern commentator on the work has observed, in Houtuyn’s theory “Leviathan has gone crazy,” for the Dutch lawyer “defended a completely unlimited and for that reason also completely senseless absolutism.”15 Against this background Pufendorf exposed, once again, the limits of the sovereign power in ecclesiastical affairs. Thus he aims to demonstrate that, even when the subjects and the sovereign are of the same religion and when a church is established by law, the sovereign cannot claim the right “of being the Supream Head of the Church in the same sense, as he is the Supream Governour of the State.” As the church and the state are established for different ends, the prerogatives of the prince are limited to those “external” aspects of religious worship that are independent of its “internal” part.
In the second place, Crull insists that Pufendorf did not entirely separate the Christian religion from the state. This seems of special importance to him, because in most Christian states of the time religion was linked to the civil government, whether they retained or abolished episcopacy. After the Glorious Revolution, toleration in England was meted out in terms of the relationship between the established church and various groups of Protestant Dissenters, and Crull seems to suggest that Pufendorf’s teaching was well-suited to support the position of moderate, if not latitudinarian, churchmen.16 Thus the translator concludes the dedication with an appeal to those among the English clergy who have lately excelled by “convincing such as differ from them in Opinion, rather by strength of Argument, than any forcible Means.” It may well be that the more traditional aspects of Pufendorf’s doctrine of toleration made it attractive to the moderates in England who wished to secure toleration of religious dissent without questioning the established church.
Note on the Text and Annotations
The text has not been modified. Obvious printer’s errors have been silently corrected, but the text has had the benefit of any doubts. Most of the notes are the translator’s reproduction of Pufendorf’s references to the Bible; to these Crull has added his own references. In both cases, any mistakes made by either Crull or the typesetter have been silently corrected through comparison with Pufendorf’s original Latin text and with the Bible. In some cases, Crull has entirely omitted Pufendorf’s references; these have been added and are marked “Puf.” The remaining notes are by the editor and have been marked “SZu.”
OF THE Nature and Qualification OF
In Reference to Civil Society.
WRITTEN BY
Samuel Pufendorf,
Counsellor of State to the Late
King of Sweden.
Which may serve as an Appendix to the Author’s Duty of Men. Translated from the Original.
LONDON.
Printed by D. E. for A. Roper, at the Black Boy, and A. Bosvile, at the Dial, both over against St. Dunstan’s Church in Fleet-street. 1698.
THE
Introductory Epistle,
Presented to the
RIGHT HONOURABLE
WILLIAM,
Lord Craven,
Baron
