There are several instances of inaccuracy and negligence which, however

trivial in themselves, tend to prove that the author is not always very

scrupulous in speaking of things he has not studied. A purist so severe

as to write "Kelt" for "Celt" ought not to call Mercury, originally a

very different personage from Hermes, one of "the legendary authors of

Greek civilisation" (p. 43); and we do not believe that anybody who had

read the writings of the two primates could call Bramhall "an inferior

counterpart of Laud" (p. 105). In a loftier mood, and therefore

apparently with still greater license, Mr. Goldwin Smith declares that

"the glorious blood of Orange could scarcely have run in a low

persecutor's veins" (p. 123). The blood of Orange ran in the veins of

William the Silent, the threefold hypocrite, who confessed Catholicism

whilst he hoped to retain his influence at court, Lutheranism when there

was a chance of obtaining assistance from the German princes, Calvinism

when he was forced to resort to religion in order to excite the people

against the crown, and who persecuted the Protestants in Orange and the

Catholics in Holland. These, however, are matters of no consequence

whatever in a political history of Ireland; but we find ourselves at

issue with the author on the important question of political freedom.

"Even the highly civilised Kelt of France, familiar as he is with

theories of political liberty, seems almost incapable of sustaining

free institutions. After a moment of constitutional government, he

reverts, with a bias which the fatalist might call irresistible, to

despotism in some form" (p. 18). The warning so frequently uttered by

Burke in his last years, to fly from the liberty of France, is still

more needful now that French liberty has exhibited itself in a far more

seductive light. The danger is more subtle, when able men confound

political forms with popular rights. France has never been governed by a

Constitution since 1792, if by a Constitution is meant a definite rule

and limitation of the governing power. It is not that the French failed

to preserve the forms of parliamentary government, but that those forms

no more implied freedom than the glory which the Empire has twice given

in their stead. It is a serious fault in our author that he has not

understood so essential a distinction. Has he not read the _Rights of

Man_, by Tom Paine?--

It is not because a part of the government is elective that makes it

less a despotism, if the persons so elected possess afterwards, as a

parliament, unlimited powers. Election, in this case, becomes

separated from representation, and the candidates are candidates for

despotism.[323]

Napoleon once consulted the cleverest among the politicians who served

him, respecting the durability of some of his institutions. "Ask

yourself," was the answer, "what it would cost you to destroy them. If

the destruction would cost no effort, you have created nothing; for

politically, as well as physically, only that which resists endures." In

the year 1802 the same great writer said: "Nothing is more pernicious in

a monarchy than the principles and the forms of democracy, for they

allow no alternative, but despotism and revolutions." With the

additional experience of half a century, a writer not inferior to the

last repeats exactly the same idea:--

Of all societies in the world, those which will always have most

difficulty in permanently escaping absolute government will be

precisely those societies in which aristocracy is no more, and can

no more be.[324]

French constitutionalism was but a form by which the absence of

self-government was concealed. The State was as despotic under Villele

or Guizot as under either of the Bonapartes. The Restoration fenced

itself round with artificial creations, having no root in the condition

or in the sympathies of the people; these creations simply weakened it

by making it unpopular. The hereditary peerage was an anomaly in a

country unused to primogeniture, and so was the revival, in a nation of

sceptics, of the Gallican union between Church and State. The monarchy

of July, which was more suited to the nature of French society, and was

thus enabled to crush a series of insurrections, was at last forced, by

its position and by the necessity of self-preservation, to assume a very

despotic character. After the fortifications of Paris were begun, a

tendency set in which, under a younger sovereign, would have led to a

system hardly distinguishable from that which now prevails; and there

are princes in the House of Orleans whose government would develop the

principle of democracy in a manner not very remote from the institutions

of the second Empire. It is liberalism more than despotism that is

opposed to liberty in France; and it is a most dangerous error to

imagine that the Governments of the French Charter really resemble ours.

There are States without any parliament at all, whose principles and

fundamental institutions are in much closer harmony with our system of

autonomy. Mr. Goldwin Smith sees half the truth, that there is something

in the French nation which incapacitates it for liberty; but he does not

see that what they have always sought, and sometimes enjoyed, is not

freedom; that their liberty must diminish in proportion as their ideal

is attained; and that they are not yet familiar with the theory of

political rights. With this false notion of what constitutes liberty, it

is not surprising that he should repeatedly dwell on its connection

with Protestantism, and talk of "the political liberty which

Protestantism brought in its train" (p. 120). Such phrases may console a

Protestant reader of a book fatal to the Protestant ascendency in

Ireland; but as there are no arguments in support of them, and as they

are strangely contradicted by the facts in the context, Mr. Goldwin

Smith resorts to the ingenious artifice of calling to mind as many ugly

stories about Catholics as he can. The notion constantly recurs that,

though the Protestants were very wicked in Ireland, it was against their

principles and general practice, and is due to the Catholics, whose

system naturally led them to be tyrannical and cruel, and thus provoked

retaliation. Mr. Smith might have been reminded by Peter Plymley that

when Protestantism has had its own way it has uniformly been averse to

freedom: "What has Protestantism done for liberty in Denmark, in Sweden,

throughout the north of Germany, and in Prussia?"--not much less than

democracy has done in France. An admirer of the constitutions of 1791,

1814, or 1830 may be excused if he is not very severe on the absolutism

of Protestant countries.

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 mediaeval 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.

The History of Freedom, and Other Essays · 第 25 / 63 段