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given to another; her subjects were incited to rebellion; her life was menaced; every Catholic was bound in conscience to be a traitor ; it was therefore against traitors, not against Catholics, that the penal laws were enacted.
That our readers may be the better able to appreciate the merits of this defence, we will state, as concisely as possible, the substance of some of these laws.
As soon as Elizabeth ascended the throne, and before the least hostility to her government had been shown by the Catholic population, an act passed, prohibiting the celebration of the rites of the Romish Church, on pain of forfeiture for the first offence, a year's imprisonment for the second, and perpetual imprisonment for the third.
A law was next made in 1562, enacting, that all who had ever graduated at the Universities, or received holy orders, all lawyers, and all magistrates, should take the oath of supremacy when tendered to them, on pain of forfeiture, and imprisonment during the royal pleasure. After the lapse of three months, it might again be tendered to them; and, if it were again refused, the recusant was guilty of high treason! A prospective law, however severe, framed to exclude Catholics from the liberal professions, would have been mercy itself compared with this odious act. It is a retrospective statute ;-—it is a retrospective penal statute ;—it is a retrospective penal statute against a large class. We will not positively affirm that a law of this description must always, and under all circumstances, be unjustifiable. But the presumption against it is most violent; nor do we remember any crisis, either in our own history, or in the history of any other country, which would have rendered such a provision necessary. But in the present, what circumstances called for extraordinary rigour ? There might be disaffection among the Catholics. The prohibition of their worship would naturally produce it. But it is from their situation, not from their conduct; from the wrongs which they had suffered, not from those which they had committed, that the existence of discontent among them must be inferred. There were libels, no doubt, and prophecies, and rumours, and suspicions,—strange grounds for a law inflicting capital penalties, ex post facto, on a large order of men.
Eight years later, the bull of Pius deposing Elizabeth produced a third law. This law, to which alone, as we conceive, the defence now under our consideration can apply, provides, that if any Catholic shall convert a Protestant to the Romish Church, they shall both suffer death, as for high treason.
We believe that we might safely content ourselves with stating the fact, and leaving it to the judgment of every plain Englishman. Recent controversies have, however, given so much importance to this subject, that we will offer a few remarks on it.
In the first place, the arguments which are urged in favour of Elizabeth, apply with much greater force to the case of her sister Mary. The Catholics did not, at the time of Elizabeth's accession, rise in arms to seat a Pretender on her throne. But before Mary had given, or could give, provocation, the most distinguished Protestants attempted to set aside her rights in favour of the Lady Jane. That attempt, and the subsequent insurrection of Wyatt, furnished at least as good a plea for the burning of Protestants, as the conspiracies against Elizabeth furnish for the hanging and embowelling of Papists.
The fact is, that both pleas are worthless alike. If such arguments are to pass current, it will be easy to prove that there was never such a thing as religious persecution since the creation. For there never was a religious persecution, in which some odious crime was not justly or unjustly said to be obviously deducible from the doctrines of the persecuted party. We might say that the Cæsars did not persecute the Christians; that they only punished men who were charged, rightly or wrongly, with burning Rome, and with committing the foulest abominations in their assemblies; that the refusal to throw frankincense on the altar of Jupiter was not the crime, but only evidence of the crime. We might say, that the massacre of St Bartholomew was intended to extirpate, not a religious sect, but a political party. For, beyond all doubt, the proceedings of the Huguenots, from the conspiracy of Amboise to the battle of Moncoutour, had given much more trouble to the French monarchy, than the Catholics have ever given to England since the Reformation; and that too with much less excuse.
The true distinction is perfectly obvious. To punish a man because he has committed a crime, or is believed, though unjustly, to have committed a crime, is not persecution. To punish a man, because we infer from the nature of some doctrine which he holds, or from the conduct of other persons who hold the same doctrines with him, that he will commit a crime, is persecution ; and is, in every case, foolish and wicked.
When Elizabeth put Ballard and Babington to death, she was not persecuting. Nor should we have accused her government of persecution for passing any law, however severe, against overt acts of sedition. But to argue, that, because a man is a Catholic, he must think it right to murder an heretical sovereign, and that because he thinks it right he will attempt to do
it,--and then to found on this conclusion a law for punishing him as if he had done it,-is plain persecution.
If, indeed, all men reasoned in the same manner on the same data, and always did what they thought it their duty to do, this mode of dispensing punishment might be extremely judicious. But as people who agree about premises often disagree about conclusions, and as no man in the world acts up to his own standard of right, there are two enormous gaps in the logic, by which alone penalties for opinions can be defended. The doctrine of reprobation, in the judgment of many very able men, follows by syllogistic necessity from the doctrine of election. Others conceive that the Antinomian and Manichean heresies directly follow from the doctrine of reprobation; and it is very generally thought that licentiousness and cruelty of the worst description are likely to be the fruits, as they often have been the fruits, of Antinomian and Manichean opinions. This chain of reasoning, we think, is as perfect in all its parts as that which makes out a Papist to be necessarily a traitor. Yet it would be rather a strong measure to hang the Calvinists, on the ground that, if they were spared, they would infallibly commit all the atrocities of Matthias and Knipperdoling. For, reason the matter as we may, experience shows us that a man may believe in election without believing in reprobation, that he may believe in reprobation without being an Antinomian, and that he may be an Antinomian without being a bad citizen. Man, in short, is so inconsistent a creature, that it is impossible to reason from his belief to his conduct, or from one part of his belief to another.
We do not believe that every Englishman who was reconciled to the Catholic Church would, as a necessary consequence, have thought himself justified in deposing or assassinating Elizabeth. It is not sufficient to say, that the convert must have acknowledged the authority of the Pope; and that the Pope had issued a bull against the Queen. We know through what strange loop-holes the human mind contrives to escape, when it wishes to avoid a disagreeable inference from an admitted proposition, We know how long the Jansenists contrived to believe ihe Pope infallible in matters of doctrine, and at the same time to believe doctrines which he pronounced to be heretical. Let it pass, however, that every Catholic in the kingdom thought that Elizabeth might be lawfully murdered. Still the old maxim, that what is the business of every body is the business of nobody, is particularly likely to hold good in a case in which a cruel death is the almost inevitable consequence of making any attempt.
Of the ten thousand clergymen of the Church of England,
there is scarcely one who would not say that a man who should leave his country and friends to preach the gospel among savages, and who should, after labouring indefatigably, without any hope of reward, terminate his life by martyrdom, would deserve the warmest admiration. Yet we doubt whether ten of the ten thousand ever thought of going on such an expedition. Why should we suppose that conscientious motives, feeble as they are .constantly found to be in a good cause, should be omnipotent for evil? Doubtless there was many a jolly Popish priest in the old manor-houses of the northern counties, who would have admitted, in theory, the deposing power of the Pope, but who would not have been ambitious to be stretched on the rack, even though it were to be used, according to the benevolent proviso of Lord Burleigh, ' as charitably as such a thing can be ;' or to be hanged, drawn, and quartered, even though, by that rare indulgence which the Queen, of her special grace, certain knowledge, and mere motion, sometimes extended to very mitigated cases, he were allowed a fair time to choke before the hangman began to grabble in his entrails.
But the laws passed against the Puritans had not even the wretched excuse which we have been considering. In their case, the cruelty was equal; the danger infinitely less. In fact, the danger was created solely by the cruelty. But it is superfluous to press the argument. By no artifice of ingenuity can the stigma of persecution, the worst blemish of the English Church, be effaced or patched over. Her doctrines, we well know, do not tend to intolerance. She admits the possibility of salvation out of her own pale. But this circumstance, in itself honourable to her, aggravates the sin and the shame of those who persecuted in her name.
Dominic and De Monfort did not, at least, murder and torture for differences of opinion which they considered as trifling. It was to stop an infection which, as they believed, hurried to perdition every soul which it seized, that they employed their fire and steel. The measures of the English government with respect to the Papists and Puritans, sprang from a widely different principle. If those who deny that the supporters of the Established Church were guilty of religious persecution, mean only that they were not influenced by religious motives, we perfectly agree with them. Neither the penal code of Elizabeth, nor the more hateful system by which Charles the Second attempted to force Episcopacy on the Scotch, had an origin so noble. Their cause is to be sought in some circumstances which attended the Reformation in England-circumstances of which the effects long continued to be felt, and may in some degree be traced even at the present day.
In Germany, in France, in Switzerland, and in Scotland, the contest against the Papal power was essentially a religious contest. In all these countries, indeed, the cause of the Reformation, like every other great cause, attracted to itself many supporters influenced by no conscientious principle,-many who quitted the Established Church only because they thought her in danger,-many who were weary of her restraints,-and many who were greedy for her spoils. But it was not by these adherents that the separation was there conducted. They were welcome auxiliaries; their support was too often purchased by unworthy compliances; but, however exalted in rank or power, they were not the leaders in the enterprise. Men of a widely different description, men who redeemed great infirmities and errors by sincerity, disinterestedness, energy, and courage; men who, with many of the vices of revolutionary chiefs and of polemic divines, united some of the highest qualities of apostles, were the real directors. They might be violent in innovation, and scurrilous in controversy. They might sometimes act with inexcusable severity towards opponents, and sometimes connive disreputably at the vices of powerful allies. But fear was not in them, nor hypocrisy, nor avarice, nor any petty selfishness. Their one great object was the demolition of the idols, and the purification of the sanctuary. If they were too indulgent to the failings of eminent men, from whose patronage they expected advantage to the church, they never Ainched before persecuting tyrants and hostile armies. If they set the lives of others at nought in comparison of their doctrines, they were equally ready to throw away their own. Such were the authors of the great schism on the continent and in the northern part of this island. The Elector of Saxony and the Landgrave of Hesse, the Prince of Condé and the King of Navarre, Moray and Morton, might espouse the Protestant opinions, or might pretend to espouse them;--but it was from Luther, from Calvin, from Knox, that the Reformation took its character.
England has no such names to show ; not that she wanted men of sincere piety, of deep learning, of steady and adventurous courage. But these were thrown into the back ground. Elsewhere men of this character were the principals. Here they acted a secondary part. Elsewhere worldliness was the tool of zeal. Here zeal was the tool of worldliness. A King, whose character may be best described by saying that he was despotism itself personified, unprincipled ministers, a rapacious aristocracy, a servile Parliament,-such were the instruments by which England was delivered from the yoke of Rome. The work which had been begun by Henry, the murderer of his