the thin end of the new wedge may be seen in the manifold work of
Christian Thomasius (1655-1728), who in 1687 published a treatise
on "Divine Jurisprudence," in which the principles of Pufendorf
on natural law, already offensive to the theologians, were carried
so far as to give new offence. Reading Pufendorf in his nonage as a
student of jurisprudence, he was so conscious of the conflict between
the utilitarian and the Scriptural view of moral law that, taught
by a master who had denounced Pufendorf, he recoiled in a state of
theological fear. [1252] Some years later, gaining self-possession, he
recognized the rationality of Pufendorf's system, and both expounded
and defended him, thus earning his share in the hostility which the
great jurist encountered at clerical hands. Between that hostility
and the naturalist bias which he had acquired from Pufendorf,
there grew up in him an aversion to the methods and pretensions
of theologians which made him their lifelong antagonist. [1253]
Pufendorf had but guardedly introduced some of the fundamental
principles of Hobbes, relating morals to the social state, and thus
preparing the way for utilitarianism. [1254] This sufficed to make
the theologians his enemies; and it is significant that Thomasius,
heterodox at the outset only thus far forth, becomes from that point
onwards an important pioneer of freethought, toleration, and humane
reform. Innovating in all things, he began, while still a Privatdocent
at Leipzig University, a campaign on behalf of the German language;
and, not content with arousing much pedantic enmity by delivering
lectures for the first time in his mother tongue, and deriding
at the same time the bad scholastic Latin of his compatriots,
he set on foot the first vernacular German periodical, [1255]
which ran for two years (1688-90), and caused so much anger that
he was twice prosecuted before the ecclesiastical court of Dresden,
the second time on a charge of contempt of religion. The periodical
was in effect a crusade against all the pedantries, the theologians
coming in for the hardest blows. [1256] Other satirical writings,
and a defence of intermarriage between Calvinists and Lutherans,
[1257] at length put him in such danger that, to escape imprisonment,
he sought the protection of the Elector of Brandenburg at Halle, where
he ultimately became professor of jurisprudence in the new university,
founded by his advice. There for a time he leant towards the Pietists,
finding in that body a concern for natural liberty of feeling and
thinking which was absent from the mental life of orthodoxy; but he
was "of another spirit" than they, and took his own way.
In philosophy an unsystematic pantheist, he taught, after Plutarch,
Bayle, and Bacon, that "superstition is worse than atheism"; but
his great practical service to German civilization, over and above
his furthering of the native speech, was his vigorous polemic against
prosecutions for heresy, trials for witchcraft, and the use of torture,
all of which he did more than any other German to discredit, though
judicial torture subsisted for another half-century. [1258] It was by
his propaganda that the princes of Germany were moved to abolish all
trials for sorcery. [1259] In such a battle he of course had the clergy
against him all along the line; and it is as an anti-clerical that
he figures in clerical history. The clerical hostility to his ethics
he repaid with interest, setting himself to develop to the utmost,
in the interest of lay freedom, the Lutheran admission of the divine
right of princes. [1260] This he turned not against freedom of opinion
but against ecclesiastical claims, very much in the spirit of Hobbes,
who may have influenced him.
The perturbed Mosheim, while candidly confessing that Thomasius
is the founder of academic freedom in Germany, pronounces that the
"famous jurists" who were led by Thomasius "set up a new fundamental
principle of church polity--namely, the supreme authority and power
of the civil magistrate," so tending to create the opinion "that the
ministers of religion are not to be accounted ambassadors of God,
but vicegerents of the chief magistrates. They also weakened not a
little the few remaining prerogatives and advantages which were left
of the vast number formerly possessed by the clergy; and maintained
that many of the maxims and regulations of our churches which had
come down from our fathers were relics of popish superstition. This
afforded matter for long and pernicious feuds and contests between
our theologians and our jurists.... It will be sufficient for us to
observe, what is abundantly attested, that they diminished much in
various places the respect for the clergy, the reverence for religion,
and the security and prosperity of the Lutheran Church." [1261]
Pusey, in turn, grudgingly allows that "the study of history was
revived and transformed through the views of Thomasius." [1262]