Critical, Historical, and Miscellaneous Essays; Vol. 4 / With a Memoir and Index

by Baron Thomas Babington Macaulay Macaulay

And how stands the fact? Have not almost all the governments in the world always been in the wrong on religious subjects? Mr. Gladstone, we imagine, would say that, except in the time of Constantine, of Jovian, and of a very few of their successors, and occasionally in England since the Reformation, no government has ever been sincerely friendly to the pure and apostolical Church of Christ. If, therefore, it be true that every ruler is bound in conscience to use his power for the propagation of his own religion, it will follow that, for one ruler who has been bound in conscience to use his power for the propagation of truth, a thousand have been bound in conscience to use their power for the propagation of falsehood. Surely this is a conclusion from which common sense recoils. Surely, if experience shows that a certain machine, when used to produce a certain effect, does not produce that effect once in a thousand times, but produces, in the vast majority of cases, an effect directly contrary, we cannot be wrong in saying that it is not a machine of which the principal end is to be so used.

If, indeed, the magistrate would content himself with laying his opinions and reasons before the people, and would leave the people, uncorrupted by hope or fear, to judge for themselves, we should see little reason to apprehend that his interference in favour of error would be seriously prejudicial to the interests of truth. Nor do we, as will hereafter be seen, object to his taking this course, when it is compatible with the efficient discharge of his more especial duties. But this will not satisfy Mr. Gladstone. He would have the magistrate resort to means which have a great tendency to make malcontents, to make hypocrites, to make careless nominal conformists, but no tendency whatever to produce honest and rational conviction. It seems to us quite clear that an inquirer who has no wish except to know the truth is more likely to arrive at the truth than an inquirer who knows that, if he decides one way, he shall be rewarded, and that, if he decides the other way, he shall be punished. Now, Mr. Gladstone would have governments propagate their opinions by excluding all dissenters from all civil offices. That is to say, he would have governments propagate their opinions by a process which has no reference whatever to the truth or falsehood of those opinions, by arbitrarily uniting certain worldly advantages with one set of doctrines, and certain worldly inconveniences with another set. It is of the very nature of argument to serve the interests of truth; but if rewards and punishments serve the interests of truth, it is by mere accident. It is very much easier to find arguments for the divine authority of the Gospel than for the divine authority of the Koran. But it is just as easy to bribe or rack a Jew into Mahometanism as into Christianity.

From racks, indeed, and from all penalties directed against the persons, the property, and the liberty of heretics, the humane spirit of Mr. Gladstone shrinks with horror. He only maintains that conformity to the religion of the state ought to be an indispensable qualification for office; and he would, unless we have greatly misunderstood him, think it his duty, if he had the power, to revive the Test Act, to enforce it rigourously, and to extend it to important classes who were formerly exempt from its operation.

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 a principal end of the 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 an 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 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 evildoer? 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.