Critical and Historical Essays - Volume 2 by Thomas Babington Macaulay (fun to read .txt) 📕

their children, and that education is the principal end of a parental relation, lead us also to think that parents ought to be allowed to use punishment, if necessary, for the purpose of forcing children, who are incapable of judging for themselves, to receive religious instruction and to attend religious worship. Why, then, is this prerogative of punishment, so eminently paternal, to be withheld from a paternal government? It seems to us, also, to be the height of absurdity to employ civil disabilities for the propagation of an opinion, and then to shrink from employing other punishments for the same purpose. For nothing can be clearer than that, if you punish at all, you ought to punish enough. The pain caused by punishment is pure unmixed evil, and never ought to be inflicted, except for the sake of some good. It is mere foolish cruelty to provide penalties which torment the criminal without preventing the crime. Now it is possible, by sanguinary persecution unrelentingly inflicted, to suppress opinions. In this way the Albigenses were put down. In this way the Lollards were put down. In this way the fair promise of the Reformation was blighted in Italy and Spain. But we may safely defy Mr. Gladstone to point out a single instance in which the system which he recommends has succeeded.

And why should he be so tender-hearted? What reason can he give for hanging a murderer, and suffering a heresiarch to escape without even a pecuniary mulct? Is the heresiarch a less pernicious member of society than the murderer? Is not the loss of one soul a greater evil than the extinction of many lives? And the number of murders committed by the most profligate bravo that ever let out his poniard to hire in Italy, or by the most savage buccaneer that ever prowled on the Windward Station, is small indeed, when compared with the number of souls which have been caught in the snares of one dexterous heresiarch. If, then, the heresiarch causes infinitely greater evils than the murderer, why is he not as proper an object of penal legislation as the murderer? We can give a reason, a reason, short, simple, decisive, and consistent. We do not extenuate the evil which the heresiarch produces; but we say that it is not evil of that sort the sort against which it is the end of government to guard. But how Mr. Gladstone, who considers the evil which the heresiarch produces as evil of the sort against which it is the end of government to guard, can escape from the obvious consequence of his doctrine, we do not understand. The world is full of parallel cases. An orange-woman stops up the pavement with her wheelbarrow; and a policeman takes her into custody. A miser who has amassed a million suffers an old friend and benefactor to die in a workhouse, and cannot be questioned before any tribunal for his baseness and ingratitude. Is this because legislators think the orange-woman's conduct worse than the miser's? Not at all. It is because the stopping up of the pathway is one of the evils against which it is the business of the public authorities to protect society, and heartlessness is not one of those evils. It would be the height of folly to say that the miser ought, indeed, to be punished, but that he ought to be punished less severely than the orange-woman.

The heretical Constantius persecutes Athanasius; and why not? Shall Caesar punish the robber who has taken one purse, and spare the wretch who has taught millions to rob the Creator of His honour, and to bestow it on the creature? The orthodox Theodosius persecutes the Arians, and with equal reason. Shall an insult offered to the Caesarean majesty be expiated by death; and shall there be no penalty for him who degrades to the rank of a creature the almighty, the infinite Creator? We have a short answer for both: "To Caesar the things which are Caesar's. Caesar is appointed for the punishment of robbers and rebels. He is not appointed for the purpose of either propagating or exterminating the doctrine of the consubstantiality of the Father and the Son." "Not so," says Mr. Gladstone, "Caesar is bound in conscience to propagate whatever he thinks to be the truth as to this question. Constantius is bound to establish the Arian worship throughout the empire, and to displace the bravest captains of his legions, and the ablest ministers of his treasury, if they hold the Nicene faith. Theodosius is equally bound to turn out every public servant whom his Arian predecessors have put in. But if Constantius lays on Athanasius a fine of a single aureus, if Theodosius imprisons an Arian presbyter for a week, this is most unjustifiable oppression." Our readers will be curious to know how this distinction is made out.

The reasons which Mr. Gladstone gives against persecution affecting life, limb, and property, may be divided into two classes; first, reasons which can be called reasons only by extreme courtesy, and which nothing but the most deplorable necessity would ever have induced a man of his abilities to use; and, secondly, reasons which are really reasons, and which have so much force that they not only completely prove his exception, but completely upset his general rule. His artillery on this occasion is composed of two sorts of pieces, pieces which will not go off at all, and pieces which go off with a vengeance, and recoil with most crushing effect upon himself.

"We, as fallible creatures," says Mr. Gladstone, "have no right, from any bare speculations of our own to administer pains and penalties to our fellow-creatures, whether on social or religious grounds. We have the right to enforce the laws of the land by such pains and penalties, because it is expressly given by Him who has declared that the civil rulers are to bear the sword for the punishment of evil-doers, and for the encouragement of them that do well. And so, in things spiritual, had it pleased God to give to the Church or the State this power, to be permanently exercised over their members, or mankind at large, we should have the right to use it; but it does not appear to have been so received, and consequently, it should not be exercised."

We should be sorry to think that the security of our lives and property from persecution rested on no better ground than this. Is not a teacher of heresy an evil-doer? Has not heresy been condemned in many countries, and in our own among them, by the laws of the land, which, as Mr. Gladstone says, it is justifiable to enforce by penal sanctions? If a heretic is not specially mentioned in the text to which Mr. Gladstone refers, neither is an assassin, a kidnapper, or a highwayman: and if the silence of the New Testament as to all interference of governments to stop the progress of heresy be a reason for not fining or imprisoning heretics, it is surely just as good a reason for not excluding them from office.

"God," says Mr. Gladstone, "has seen fit to authorize the employment of force in the one case and not in the other; for it was with regard to chastisement inflicted by the sword for an insult offered to himself that the Redeemer declared his kingdom not to be of this world:- meaning, apparently in an especial manner, that it should be otherwise than after this world's fashion, in respect to the sanctions by which its laws should be maintained."

Now here Mr. Gladstone, quoting from memory, has fallen into an error. The very remarkable words which he cites do not appear to have had any reference to the wound inflicted by Peter on Malchus. They were addressed to Pilate, in answer to the question, "Art thou the King of the Jews?" We can not help saying that we are surprised that Mr. Gladstone should not have more accurately verified a quotation on which, according to him, principally depends the right of a hundred millions of his fellow-subjects, idolaters, Mussulmans, Catholics, and dissenters, to their property, their liberty, and their lives.

Mr. Gladstone's humane interpretations of Scripture are lamentably destitute of one recommendation, which he considers as of the highest value: they are by no means in accordance with the general precepts or practice of the Church, from the time when the Christians became strong enough to persecute down to a very recent period. A dogma favourable to toleration is certainly not a dogma quod semper, quod ubique, quod omnibus. Bossuet was able to say, we fear with too much truth, that on one point all Christians had long been unanimous, the right of the civil magistrate to propagate truth by the sword; that even heretics had been orthodox as to this right, and that the Anabaptists and Socinians were the first who called it in question. We will not pretend to say what is the best explanation of the text under consideration; but we are sure that Mr. Gladstone's is the worst. According to him, Government ought to exclude Dissenters from office, but not to fine them, because Christ's kingdom is not of this world. We do not see why the line may not be drawn at a hundred other places as well as that which he has chosen. We do not see why Lord Clarendon, in recommending the act of 1664 against conventicles, might not have said, "It hath been thought by some that this classis of men might with advantage be not only imprisoned but pilloried. But methinks, my Lords, we are inhibited from the punishment of the pillory by that Scripture, 'My kingdom is not of this world."' Archbishop Laud, when he sate on Burton in the Star-Chamber, might have said, "I pronounce for the pillory; and, indeed, I could wish that all such wretches were delivered to the fire, but that our Lord hath said that His kingdom is not of this world." And Gardiner might have written to the Sheriff of Oxfordshire "See that execution be done without fall on Master Ridley and Master Latimer, as you will answer the same to the Queen's grace at your peril. But if they shall desire to have some gunpowder for the shortening of their torment, I see not but you may grant it, as it is written, Regnum meum non est de hoc mundo; that is to say, My kingdom is not of this world."

But Mr. Gladstone has other arguments against persecution, arguments which are of so much weight, that they are decisive not only against persecution but against his whole theory. "The Government," he says, "is incompetent to exercise minute and constant supervision over religious opinion." And hence he infers, that "a Government exceeds its province when it comes to adapt a scale of punishments to variations in religious opinion, according to their respective degrees of variation from the established creed. To decline affording countenance to sects is a single and simple rule. To punish their professors, according to their several errors, even were there no other objection, is one for which the State must assume functions wholly ecclesiastical, and for which it is not intrinsically fitted."

This is, in our opinion, quite true. But how does it agree with Mr. Gladstone's theory? What! the Government incompetent to exercise even such a degree of supervision over religious opinion as is implied by the punishment of the most deadly heresy! The Government incompetent to measure even the grossest deviations from the standard of truth! The Government not intrinsically qualified to judge of the comparative enormity of any theological errors! The Government so ignorant on these subjects that it is compelled to leave, not merely subtle heresies, discernible only by the eye of a Cyril or a Bucer, but Socinianism, Deism, Mahometanism, Idolatry, Atheism,