Critical and Historical Essays. Volume 2

This is indeed a legitimate consequence of his principles. But why stop here? Why not roast Dissenters at slow fires? All the general reasonings on which this theory rests evidently lead to sanguinary persecution. If the propagation of religious truth be a principal end of government, as government; if it be the duty of a government to employ for that end its constitutional Power; if the constitutional power of governments extends, as it most unquestionably does, to the making of laws for the burning of heretics; if burning be, as it most assuredly is, in many cases, a most effectual mode of suppressing opinions; why should we not burn? If the relation in which government ought to stand to the people be, as Mr. Gladstone tells us, a paternal relation, we are irresistibly led to the conclusion that persecution is justifiable. For the right of propagating opinions by punishment is one which belongs to parents as clearly as the right to give instruction. A boy is compelled to attend family worship: he is forbidden to read irreligious books: if he will not learn his catechism, he is sent to bed without his supper: if he plays truant at church-time a task is set him. If he should display the precocity of his talents by expressing impious opinions before his brothers and sisters, we should not much blame his father for cutting short the controversy with a horse-whip. All the reasons which lead us to think that parents are peculiarly fitted to conduct the education of 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, unpunished! To whom does Mr. Gladstone assign the office of selecting a religion for the State, from among hundreds of religions, every one of which lays claim to truth? Even to this same Government, which is now pronounced to be so unfit for theological investigations that it cannot venture to punish a man for worshipping a lump of stone with a score of heads and hands. We do not remember ever to have fallen in with a more extraordinary instance of inconsistency. When Mr. Gladstone wishes to prove that the Government ought to establish and endow a religion, and to fence it with a Test Act, Government is to pan in the moral world. Those who would confine it to secular ends take a low view of its nature. A religion must be attached to its agency; and this religion must be that of the conscience of the governor, or none. It is for the Governor to decide between Papists and Protestants, Jansenists and Molinists, Arminians and Calvinists, Episcopalians and Presbyterians, Sabellians and Tritheists, Homoousians and Homoiousians, Nestorians and Eutychians, Monothelites and Monophysites, Paedobaptists and Anabaptists. It is for him to rejudge the Acts of Nice and Rimini, of Ephesus and Chalcedon, of Constantinople and St. John Lateran, of Trent and Dort. It is for him to arbitrate between the Greek and the Latin procession, and to determine whether that mysterious filioque shall or shall not have a place in the national creed. When he has made up his mind, he is to tax the whole community in order to pay people to teach his opinion, what ever it may be. He is to rely on his own judgment, though it may be opposed to that of nine-tenths of the society. He is to act on his own judgment, at the risk of exciting the most formidable discontents. He is to inflict, perhaps on a great majority of the population, what, whether we choose to call it persecution or not, will always be felt as persecution by those who suffer it. He is, on account of differences often too slight for vulgar comprehension, to deprive the State of the services of the ablest men. He is to debase and enfeeble the community which he governs, from a nation into a sect. In our own country, for example, millions of Catholics, millions of Protestant Dissenters, are to be excluded from all power and honours. A great hostile fleet is on the sea; but Nelson is not to command in the Channel if in the mystery of the Trinity he confounds the persons. An invading army has landed in Kent; but the Duke of Wellington is not to be at the head of our forces if he divides the substance. And after all this, Mr. Gladstone tells us, that it would be wrong to imprison a Jew, a Mussulman, or a Buddhist, for a day; because really a Government cannot understand these matters, and ought not to meddle with questions which belong to the Church. A singular theologian, indeed, this Government! So learned, that it is competent to exclude Grotius from office for being a Semi-Pelagian, so unlearned that it is incompetent to fine a Hindoo peasant a rupee for going on a pilgrimage to Juggernaut.

“To solicit and persuade one another,” says Mr. Gladstone, “are privileges which belong to us all; and the wiser and better man is bound to advise the less wise and good; but he is not only not bound, he is not allowed, speaking generally, to coerce him. It is untrue, then, that the same considerations which bind a Government to submit a religion to the free choice of the people would therefore justify their enforcing its adoption.”

Granted. But it is true that all the same considerations which would justify a Government in propagating a religion by means of civil disabilities would justify the propagating of that religion by penal laws. To solicit! Is it solicitation to tell a Catholic Duke, that he must abjure his religion or walk out of the House of Lords? To persuade! Is it persuasion to tell a barrister of distinguished eloquence and learning that he shall grow old in his stuff gown, while his pupils are seated above him in ermine, because he cannot digest the damnatory clauses of the Athanasian Creed? Would Mr. Gladstone think that a religious system which he considers as false, Socinianism for example, was submitted to his free choice, if it were submitted in these terms?—“If you obstinately adhere to the faith of the Nicene fathers, you shall not be burned in Smithfield; you shall not be sent to Dorchester gaol; you shall not even pay double land-tax. But you shall be shut out from all situations in which you might exercise your talents with honour to yourself and advantage to the country. The House of Commons, the bench of magistracy, are not for such as you. You shall see younger men, your inferiors in station and talents, rise to the highest dignities and attract the gaze of nations, while you are doomed to neglect and obscurity. If you have a son of the highest promise, a son such as other fathers would contemplate with delight, the development of his fine talents and of his generous ambition shall be a torture to you. You shall look on him as a being doomed to lead, as you have led, the abject life of a Roman or a Neapolitan in the midst of a great English people. All those high honours, so much more precious than the most costly gifts of despots, with which a free country decorates its illustrious citizens, shall be to him, as they have been to you, objects not of hope and virtuous emulation, but of hopeless, envious pining. Educate him, if you wish him to feel his degradation. Educate him, if you wish to stimulate his craving for what he never must enjoy. Educate him, if you would imitate the barbarity of that Celtic tyrant who fed his prisoners on salted food till they called eagerly for drink, and then let down an empty cup into the dungeon and left them to die of thirst.” Is this to solicit, to persuade, to submit religion to the free choice of man? Would a fine of a thousand pounds, would imprisonment in Newgate for six months, under circumstances not disgraceful, give Mr Gladstone the pain which he would feel, if he were to be told that he was to be dealt with in the way in which he would himself deal with more than one half of his countrymen?

We are not at all surprised to find such inconsistency even in a man of Mr. Gladstone’s talents. The truth is, that every man is, to a great extent, the creature of the age. It is to no purpose that he resists the influence which the vast mass, in which he is but an atom, must exercise on him. He may try to be a man of the tenth century: but he cannot. Whether he will or not, he must be a man of the nineteenth century. He shares in the motion of the moral as well as in that of the physical world. He can no more be as intolerant as he would have been in the days of the Tudors than he can stand in the evening exactly where he stood in the morning. The globe goes round from west to east; and he must go round with it. When he says that he is where he was, he means only that he has moved at the same rate with all around him. When he says that he has gone a good way to the westward, he means only that he has not gone to the eastward quite so rapidly as his neighbours. Mr. Gladstone’s book is, in this respect, a very gratifying performance. It is the measure of what a man can do to be left behind by the world. It is the strenuous effort of a very vigorous mind to keep as far in the rear of the general progress as possible. And yet, with the most intense exertion Mr. Gladstone cannot help being, on some important points, greatly in advance of Locke himself; and, with whatever admiration he may regard Laud, it is well for him, we can tell him, that he did not write in the days of that zealous primate, who would certainly have refuted the expositions of Scripture which we have quoted, by one of the keenest arguments that can be addressed to human ears.

This is not the only instance in which Mr. Gladstone has shrunk in a very remarkable manner from the consequences of his own theory. If there be in the whole world a state to which this theory is applicable, that state is the British Empire in India. Even we, who detest paternal governments in general, shall admit that the duties of the Government of India are, to a considerable extent, paternal. There, the superiority of the governors to the governed in moral science is unquestionable. The conversion of the whole people to the worst form that Christianity ever wore in the darkest ages would be a most happy event. It is not necessary that a man should be a Christian to wish for the propagation of Christianity in India. It is sufficient that he should be an European not much below the ordinary European level of good sense and humanity. Compared with the importance of the interests at stake, all those Scotch and Irish questions which occupy so large a portion of Mr. Gladstone’s book, sink into insignificance. In no part of the world since the days of Theodosius has so large a heathen population been subject to a Christian government. In no part of the world is heathenism more cruel, more licentious, more fruitful of absurd rites and pernicious laws. Surely, if it be the duty of Government to use its power and its revenue in order to bring seven millions of Irish Catholics over to the Protestant Church, it is a fortiori the duty of the Government to use its power and its revenue in order to make seventy millions of idolaters Christians. If it be a sin to suffer John Howard or William Penn to hold any office in England because they are not in communion with the Established Church, it must be a crying sin indeed to admit to high situations men who bow down, in temples covered with emblems of vice, to the hideous images of sensual or malevolent gods.

But no. Orthodoxy, it seems, is more shocked by the priests of Rome than by the priests of Kalee. The plain red brick building, the Cave of Adullam, or Ebenezer Chapel, where uneducated men hear a half-educated man talk of the Christian law of love and the Christian hope of glory, is unworthy of the indulgence which is reserved for the shrine where the Thug suspends a portion of the spoils of murdered travellers, and for the car which grinds its way through the bones of self-immolated pilgrims. “It would be,” says Mr. Gladstone, “an absurd exaggeration to maintain it as the part of such a Government as that of the British in India to bring home to the door of every subject at once the ministrations of a new and totally unknown religion.” The Government ought indeed to desire to propagate Christianity. But the extent to which they must do so must be “limited by the degree in which the people are found willing to receive it.” He proposes no such limitation in the case of Ireland. He would give the Irish a Protestant Church whether they like it or not. “We believe,” says he, “that that which we place before them is, whether they know it or not, calculated to be beneficial to them; and that, if they know it not now, they will know it when it is presented to them fairly. Shall we, then, purchase their applause at the expense of their substantial, nay, their spiritual interests?”

And why does Mr. Gladstone allow to the Hindoo a privilege which he denies to the Irishman? Why does he reserve his greatest liberality for the most monstrous errors? Why does he pay most respect to the opinion of the least enlightened people? Why does he withhold the right to exercise paternal authority from that one Government which is fitter to exercise paternal authority than any Government that ever existed in the world? We will give the reason in his own words.

“In British India,” he says, “a small number of persons advanced to a higher grade of civilisation, exercise the powers of government over an immensely greater number of less cultivated persons, not by coercion, but under free stipulation with the governed. Now, the rights of a Government, in circumstances thus peculiar, obviously depend neither upon the unrestricted theory of paternal principles, nor upon any primordial or fictitious contract of indefinite powers, but upon an express and known treaty, matter of positive agreement, not of natural ordinance.”