The aimed unity of sovereignty supposed no interference of external elements in the administration of the commonwealth. A decisive historical issue in this regard had been the question concerning the relation between Papacy and King. In this regard the plane of construction used elements already present in Marsilius of Padua, distinguishing both state and Church, not only to maintain their difference, but to utter the submission of the ecclesiastical authority to the civil. For Marsilius, the Church was guilty of disturbing the peace of civil regimes, spreading unrest and malaise. The present stress on the terrestrial character of life and immanence, -the attachment to earthly matters as sufficient condition to the stabilization of the social system-, buttressed the intentions of the Defensor Pacis.(1)
How did Hobbes’s moral subject, under the law of the Gospel and the civil law, surmounted the logical impossibility of obeying two different and possibly contradictory masters? Self-conscience was not a possible way out, since the Protestant Reformation every man could sustain different ideas concerning the content of the natural law. The solution was again based on immanence: the monarch´s dictates had to be adhered.(2) As long as the sovereign himself was a Christian there shall not be any discrepancy between the conscience of the Christian and divine law. Furthermore, laws only compelled action but not the subject’s conscience.(3) The king was God’s vicar on earth and therefore no controversy between his mandate and the Christian doctrine could stand. King was sovereign by covenant, like God established his sovereignty on the Jews.
(1) “It is precisely this opposition and distinction between ‘lay’ and ‘ecclesiastical’ which Marsilus refuses to accept and it was the very distinction of spiritual and temporal jurisdictions which Marsilus saw as the fundamental evil of his times. He will try to show that there is no such thing as spiritual jurisdiction because the very meaning of jurisdiction is the capacity to establish laws which coerce the non-compliant, and this capacity may only be legitimately actualized by the corporate will of the citizen body of any city or ‘state’. Therefore his solution, as we shall see, is to reverse the papal hierocratic theory of absolute jurisdiction and incorporate the church into the state,” J. Coleman, A History of Political Thought. From the Middle Ages to the Renaissance, Oxford, 2000, p. 136.
(2) “…in all things not contrary to the moral law, (that is to say, the law of nature,) all subjects are bound to obey that for divine law, which is declared to be so, by the laws of the commonwealth.” Leviathan II, 26, 40.
(3) “These things considered it will easily appear: that under the sovereign power of a Christian commonwealth, there is no danger of damnation from simple obedience to human laws; for in that the sovereign alloweth Christianity, no man is compelled to renounce that faith which is enough for his salvation; that is to say, the fundamental points,” Elements of Law II, 25, 11.






