The History of Freedom, and Other Essays

Mr. Goldwin Smith mistakes the character of the invasion of Ireland because he has not understood the relative position of the civilisation of the two countries at the time when it occurred. That of the Celts was in many respects more refined than that of the Normans. The Celts are not among the progressive, initiative races, but among those which supply the materials rather than the impulse of history, and are either stationary or retrogressive. The Persians, the Greeks, the Romans, and the Teutons are the only makers of history, the only authors of advancement. Other races possessing a highly developed language, a copious literature, a speculative religion, enjoying luxury and art, attain to a certain pitch of cultivation which they are unable either to communicate or to increase. They are a negative element in the world; sometimes the barrier, sometimes the instrument, sometimes the material of those races to whom it is given to originate and to advance. Their existence is either passive, or reactionary and destructive, when, after intervening like the blind forces of nature, they speedily exhibit their uncreative character, and leave others to pursue the course to which they have pointed. The Chinese are a people of this kind. They have long remained stationary, and succeeded in excluding the influences of general history. So the Hindoos; being Pantheists, they have no history of their own, but supply objects for commerce and for conquest. So the Huns, whose appearance gave a sudden impetus to a stagnant world. So the Slavonians, who tell only in the mass, and whose influence is ascertainable sometimes by adding to the momentum of active forces, sometimes by impeding through inertness the progress of mankind.

To this class of nations also belong the Celts of Gaul. The Roman and the German conquerors have not altered their character as it was drawn two thousand years ago. They have a history, but it is not theirs; their nature remains unchanged, their history is the history of the invaders. The revolution was the revival of the conquered race, and their reaction against the creations of their masters. But it has been cunning only to destroy; it has not given life to one constructive idea, or durability to one new institution; and it has exhibited to the world an unparalleled political incapacity, which was announced by Burke, and analysed by Tocqueville, in works which are the crowning pieces of two great literatures.

The Celts of these islands, in like manner, waited for a foreign influence to set in action the rich treasure which in their own hands could be of no avail. Their language was more flexible, their poetry and music more copious, than those of the Anglo-Normans. Their laws, if we may judge from those of Wales, display a society in some respects highly cultivated. But, like the rest of that group of nations to which they belong, there was not in them the incentive to action and progress which is given by the consciousness of a part in human destiny, by the inspiration of a high idea, or even by the natural development of institutions. Their life and literature were aimless and wasteful. Without combination or concentration, they had no star to guide them in an onward course; and the progress of dawn into day was no more to them than to the flocks and to the forests.

Before the Danish wars, and the decay, which is described by St. Bernard in terms which must not be taken quite literally, had led to the English invasion, there was probably as much material, certainly as much spiritual, culture in Ireland as in any country in the West; but there was not that by whose sustaining force alone these things endure, by which alone the place of nations in history is determined – there was no political civilisation. The State did not keep pace with the progress of society. This is the essential and decisive inferiority of the Celtic race, as conspicuous among the Irish in the twelfth century as among the French in our own. They gave way before the higher political aptitude of the English.

The issue of an invasion is generally decided by this political aptitude, and the consequences of conquest always depend on it. Subjection to a people of a higher capacity for government is of itself no misfortune; and it is to most countries the condition of their political advancement. The Greeks were more highly cultivated than the Romans, the Gauls than the Franks; yet in both cases the higher political intelligence prevailed. For a long time the English had, perhaps, no other superiority over the Irish; yet this alone would have made the conquest a great blessing to Ireland, but for the separation of the races. Conquering races necessarily bring with them their own system of government, and there is no other way of introducing it. A nation can obtain political education only by dependence on another. Art, literature, and science may be communicated by the conquered to the conqueror; but government can be taught only by governing, therefore only by the governors; politics can only be learnt in this school. The most uncivilised of the barbarians, whilst they slowly and imperfectly learned the arts of Rome, at once remodelled its laws. The two kinds of civilisation, social and political, are wholly unconnected with each other. Either may subsist, in high perfection, alone. Polity grows like language, and is part of a people's nature, not dependent on its will. One or the other can be developed, modified, corrected; but they cannot be subverted or changed by the people itself without an act of suicide. Organic change, if it comes at all, must come from abroad. Revolution is a malady, a frenzy, an interruption of the nation's growth, sometimes fatal to its existence, often to its independence. In this case revolution, by making the nation subject to others, may be the occasion of a new development. But it is not conceivable that a nation should arbitrarily and spontaneously cast off its history, reject its traditions, abrogate its law and government, and commence a new political existence.

Nothing in the experience of ages, or in the nature of man, allows us to believe that the attempt of France to establish a durable edifice on the ruins of 1789, without using the old materials, can ever succeed, or that she can ever emerge from the vicious circle of the last seventy years, except by returning to the principle which she then repudiated, and by admitting, that if States would live, they must preserve their organic connection with their origin and history, which are their root and their stem; that they are not voluntary creations of human wisdom; and that men labour in vain who would construct them without acknowledging God as the artificer.

Theorists who hold it to be a wrong that a nation should belong to a foreign State are therefore in contradiction with the law of civil progress. This law, or rather necessity, which is as absolute as the law that binds society together, is the force which makes us need one another, and only enables us to obtain what we need on terms, not of equality, but of dominion and subjection, in domestic, economic, or political relations. The political theory of nationality is in contradiction with the historic nation. Since a nation derives its ideas and instincts of government, as much as its temperament and its language, from God, acting through the influences of nature and of history, these ideas and instincts are originally and essentially peculiar to it, and not separable from it; they have no practical value in themselves when divided from the capacity which corresponds to them. National qualities are the incarnations of political ideas. No people can receive its government from another without receiving at the same time the ministers of government. The workman must travel with the work. Such changes can only be accomplished by submission to a foreign State, or to another race. Europe has seen two great instances of such conquests, extending over centuries, – the Roman Empire, and the settlement of the barbarians in the West. This it is which gives unity to the history of the Middle Ages. The Romans established a universal empire by subjecting all countries to the authority of a single power. The barbarians introduced into all a single system of law, and thus became the instrument of a universal Church. The same spirit of freedom, the same notions of the State, pervade all the Leges Barbarorum, and all the polities they founded in Europe and Asia. They differ widely in the surrounding conditions, in the state of society, in the degree of advancement, in almost all external things. The principle common to them all is to acknowledge the freedom of the Church as a corporation and a proprietor, and in virtue of the principle of self-government to allow religion to develop her influence in the State. The great migration which terminated in the Norman conquests and in the Crusades gave the dominion of the Latin world to the Teutonic chivalry, and to the Church her proper place. All other countries sank into despotism, into schism, and at last into barbarism, under the Tartars or the Turks. The union between the Teutonic races and the Holy See was founded on their political qualities more than on their religious fervour. In modern times, the most pious Catholics have often tyrannised over the Church. In the Middle Ages her liberty was often secured and respected where her spiritual injunctions were least obeyed.

The growth of the feudal system coinciding with the general decay of morals led, in the eleventh century, to new efforts of the Church to preserve her freedom. The Holy See was delivered from the Roman factions by the most illustrious of the emperors, and a series of German Popes commenced the great reform. Other princes were unwilling to submit to the authority of the imperial nominees, and the kings of France and Castile showed symptoms of resistance, in which they were supported by the heresy of Berengarius. The conduct of Henry IV. delivered the Church from the patronage of the Empire, whilst the Normans defended her against the Gallican tendencies and the feudal tyranny. In Sicily, the Normans consented to hold their power from the Pope; and in Normandy, Berengarius found a successful adversary, and the King of France a vassal who compelled him to abandon his designs. The chaplain of the Conqueror describes his government in terms which show how singularly it fulfilled the conditions which the Church requires. He tells us that William established in Normandy a truly Christian order; that every village, town, and castle enjoyed its own privileges; and that, while other princes either forbade the erection of churches or seized their endowments, he left his subjects free to make pious gifts. In his reign and by his conduct the word "bigot" ceased to be a term of reproach, and came to signify what we now should call "ultramontane." He was the foremost of those Normans who were called by the Holy See to reclaim what was degenerate, and to renovate the declining States of the North.

Where the Church addressed herself to the conversion of races of purely Teutonic origin, as in Scandinavia, her missionaries achieved the work. In other countries, as in Poland and Hungary, political dependence on the Empire was the channel and safeguard of her influence. The Norman conquest of England and of Ireland differs from all of these. In both islands the faith had been freely preached, adopted, and preserved. The rulers and the people were Catholic. The last Saxon king who died before the Conquest was a saint. The last archbishop of Dublin appointed before the invasion was a saint. Neither of the invasions can be explained simply by the demoralisation of the clergy, or by the spiritual destitution of the people.

Catholicism spreads among the nations, not only as a doctrine, but as an institution. "The Church," says Mr. Goldwin Smith, "is not a disembodied spirit, but a spirit embodied in human society." Her teaching is directed to the inner man, and is confined to the social order; but her discipline touches on the political. She cannot permanently ignore the acts and character of the State, or escape its notice. Whilst she preaches submission to authorities ordained by God, her nature, not her interest, compels her to exert an involuntary influence upon them. The jealousy so often exhibited by governments is not without reason, for the free action of the Church is the test of the free constitution of the State; and without such free constitution there must necessarily ensue either persecution or revolution. Between the settled organisation of Catholicism and every form of arbitrary power, there is an incompatibility which must terminate in conflict. In a State which possesses no security for authority or freedom, the Church must either fight or succumb. Now, as authority and freedom, the conditions of her existence, can only be obtained through the instrumentality of certain nations, she depends on the aid of these nations. Religion alone cannot civilise men, or secure its own conquest. It promotes civilisation where it has power; but it has not power where its way is not prepared. Its civilising influence is chiefly indirect, and acts by its needs and wants as much as by the fulness of its ideas. So Christianity extends itself by the aid of the secular power, relying, not on the victories of Christian arms, but on the progress of institutions and ideas that harmonise with ecclesiastical freedom. Hence, those who have most actively served the interests of the Church are not always those who have been most faithful to her doctrines. The work which the Goth and the Frank had done on the continent of Europe the Normans came to do in England, where it had been done before but had failed, and in Ireland, where neither Roman nor German influences had entered.

Thus the theory of nationality, unknown to Catholic ages, is inconsistent both with political reason and with Christianity, which requires the dominion of race over race, and whose path was made straight by two universal empires. The missionary may outstrip, in his devoted zeal, the progress of trade or of arms; but the seed that he plants will not take root, unprotected by those ideas of right and duty which first came into the world with the tribes who destroyed the civilisation of antiquity, and whose descendants are in our day carrying those ideas to every quarter of the world. It was as impossible to realise in Ireland the mediæval notions of ecclesiastical liberty without a great political reform, as to put an end to the dissolution of society and the feuds of princes without the authority of a supreme lord.

There is one institution of those days to which Mr. Goldwin Smith has not done entire justice.

It is needless to say that the Eric, or pecuniary composition for blood, in place of capital or other punishment, which the Brehon law sanctioned, is the reproach of all primitive codes, and of none. It is the first step from the license of savage revenge to the ordered justice of a regular law (p. 41).

Pecuniary composition for blood belongs to an advanced period of defined and regular criminal jurisprudence. In the lowest form of civil society, when the State is not yet distinct from the family, the family is compelled to defend itself; and the only protection of society is the vendetta. It is the private right of self-defence combined with the public office of punishment, and therefore not only a privilege but an obligation. The whole family is bound to avenge the injury; but the duty rests first of all with the heir. Precedency in the office of avenger is naturally connected with a first claim in inheritance; and the succession to property is determined by the law of revenge. This leads both to primogeniture, because the eldest son is most likely to be capable of punishing the culprit; and, for the same reason, to modifications of primogeniture, by the preference of the brother before the grandson, and of the male line before the female. A practice which appears barbarous is, therefore, one of the foundations of civilisation, and the origin of some of the refinements of law. In this state of society there is no distinction between civil and criminal law; an injury is looked upon as a private wrong, not, as religion considers it, a sin, or, as the State considers it, a crime.

Something very similar occurs in feudal society. Here all the barons were virtually equal to each other, and without any superior to punish their crimes or to avenge their wrongs. They were, therefore, compelled to obtain safety or reparation, like sovereigns, by force of arms. What war is among States, the feud is in feudal society, and the vengeance of blood in societies not yet matured into States – a substitute for the fixed administration of justice.

The assumption of this duty by the State begins with the recognisance of acts done against the State itself. At first, political crimes alone are visited with a public penalty; private injuries demand no public expiation, but only satisfaction of the injured party. This appears in its most rudimentary form in the lex talionis. Society requires that punishment should be inflicted by the State, in order to prevent continual disorders. If the injured party could be satisfied, and his duty fulfilled without inflicting on the criminal an injury corresponding to that which he had done, society was obviously the gainer. At first it was optional to accept or to refuse satisfaction; afterwards it was made obligatory.

Where property was so valuable that its loss was visited on the life or limb of the robber, and injuries against property were made a question of life and death, it soon followed that injury to life could be made a question of payment. To expiate robbery by death, and to expiate murder by the payment of a fine, are correlative ideas. Practically this custom often told with a barbarous inequality against those who were too poor to purchase forgiveness; but it was otherwise both just and humane in principle, and it was generally encouraged by the Church. For in her eyes the criminal was guilty of an act of which it was necessary that he should repent; this made her desire, not his destruction, but his conversion. She tried, therefore, to save his life, and to put an end to revenge, mutilation, and servitude; and for all this the alternative was compensation. This purpose was served by the right of asylum. The Church surrendered the fugitive only on condition that his life and person should be spared in consideration of a lawful fine, which she often paid for him herself. "Concedatur ei vita et omnia membra. Emendat autem causam in quantum potuerit," says a law of Charlemagne, given in the year 785, when the influence of religion on legislation was most powerful in Europe.

No idea occurs more frequently in the work we are reviewing than that of the persecuting character of the Catholic Church; it is used as a perpetual apology for the penal laws in Ireland: —

"When the Catholics writhe under this wrong, let them turn their eyes to the history of Catholic countries, and remember that, while the Catholic Church was stripped of her endowments and doomed to political degradation by Protestant persecutors in Ireland, the Protestant churches were exterminated with fire and sword by Catholic persecutors in France, Austria, Flanders, Italy, and Spain" (p. 92). He speaks of Catholicism as "a religion which all Protestants believed to be idolatrous, and knew by fearful experience to be persecuting" (p. 113). "It would not be difficult to point to persecuting laws more sanguinary than these. Spain, France, and Austria will at once supply signal examples… That persecution was the vice of an age and not only of a particular religion, that it disgraced Protestantism as well as Catholicism, is true. But no one who reads the religious history of Europe with an open mind can fail to perceive that the persecutions carried on by Protestants were far less bloody and less extensive than those carried on by Catholics; that they were more frequently excusable as acts of retaliation; that they arose more from political alarm, and less from the spirit of the religion; and that the temper of their authors yielded more rapidly to the advancing influence of humanity and civilisation" (pp. 127. 129).

All these arguments are fallacies; but as the statements at the same time are full of error, we believe that the author is wrong because he has not studied the question, not because he has designed to misrepresent it. The fact that he does not distinguish from each other the various kinds and occasions of persecution, proves that he is wholly ignorant of the things with which it is connected.

Persecution is the vice of particular religions, and the misfortune of particular stages of political society. It is the resource by which States that would be subverted by religious liberty escape the more dangerous alternative of imposing religious disabilities. The exclusion of a part of the community by reason of its faith from the full benefit of the law is a danger and disadvantage to every State, however highly organised its constitution may otherwise be. But the actual existence of a religious party differing in faith from the majority is dangerous only to a State very imperfectly organised. Disabilities are always a danger. Multiplicity of religions is only dangerous to States of an inferior type. By persecution they rid themselves of the peculiar danger which threatens them, without involving themselves in a system universally bad. Persecution comes naturally in a certain period of the progress of society, before a more flexible and comprehensive system has been introduced by that advance of religion and civilisation whereby Catholicism gradually penetrates into hostile countries, and Christian powers acquire dominion over infidel populations. Thus it is the token of an epoch in the political, religious, and intellectual life of mankind, and it disappears with its epoch, and with the advance of the Church militant in her Catholic vocation. Intolerance of dissent and impatience of contradiction are a characteristic of youth. Those that have no knowledge of the truth that underlies opposite opinions, and no experience of their consequent force, cannot believe that men are sincere in holding them. At a certain point of mental growth, tolerance implies indifference, and intolerance is inseparable from sincerity. Thus intolerance, in itself a defect, becomes in this case a merit. Again, although the political conditions of intolerance belong to the youth and immaturity of nations, the motives of intolerance may at any time be just and the principle high. For the theory of religious unity is founded on the most elevated and truest view of the character and function of the State, on the perception that its ultimate purpose is not distinct from that of the Church. In the pagan State they were identified; in the Christian world the end remains the same, but the means are different.

The State aims at the things of another life but indirectly. Its course runs parallel to that of the Church; they do not converge. The direct subservience of the State to religious ends would imply despotism and persecution just as much as the pagan supremacy of civil over religious authority. The similarity of the end demands harmony in the principles, and creates a decided antagonism between the State and a religious community whose character is in total contradiction with it. With such religions there is no possibility of reconciliation. A State must be at open war with any system which it sees would prevent it from fulfilling its legitimate duties. The danger, therefore, lies not in the doctrine, but in the practice. But to the pagan and to the mediæval State, the danger was in the doctrine. The Christians were the best subjects of the emperor, but Christianity was really subversive of the fundamental institutions of the Roman Empire. In the infancy of the modern States, the civil power required all the help that religion could give in order to establish itself against the lawlessness of barbarism and feudal dissolution. The existence of the State at that time depended on the power of the Church. When, in the thirteenth century, the Empire renounced this support, and made war on the Church, it fell at once into a number of small sovereignties. In those cases persecution was self-defence. It was wrongly defended as an absolute, not as a conditional principle; but such a principle was false only as the modern theory of religious liberty is false. One was a wrong generalisation from the true character of the State; the other is a true conclusion from a false notion of the State. To say that because of the union between Church and State it is right to persecute would condemn all toleration; and to say that the objects of the State have nothing to do with religion, would condemn all persecution. But persecution and toleration are equally true in principle, considered politically; only one belongs to a more highly developed civilisation than the other. At one period toleration would destroy society; at another, persecution is fatal to liberty. The theory of intolerance is wrong only if founded absolutely upon religious motives; but even then the practice of it is not necessarily censurable. It is opposed to the Christian spirit, in the same manner as slavery is opposed to it. The Church prohibits neither intolerance nor slavery, though in proportion as her influence extends, and civilisation advances, both gradually disappear.