An instance of too facile use of authorities occurs at the siege of

Beziers. "A fervent Cistercian contemporary informs us that when Arnaud

was asked whether the Catholics should be spared, he feared the heretics

would escape by feigning orthodoxy, and fiercely replied, 'Kill them

all, for God knows his own.'" Caesarius, to whom we owe the _locus

classicus_, was a Cistercian and a contemporary, but he was not so

fervent as that, for he tells it as a report, not as a fact, with a

caution which ought not to have evaporated. "Fertur dixisse: Caedite

eos. Novit enim Dominus qui sunt eius!" The Catholic defenders had been

summoned to separate from the Cathari, and had replied that they were

determined to share their fate. It was then resolved to make an example,

which we are assured bore fruit afterwards. The hasty zeal of Citeaux

adopted the speech of the abbot and gave it currency. But its rejection

by the French scholars, Tamizey de Larroque and Auguste Molinier, was a

warning against presenting it with a smooth surface, as a thing tested

and ascertained. Mr. Lea, in other passages, has shown his disbelief in

Caesarius of Heisterbach, and knows that history written in reliance

upon him would be history fit for the moon. Words as ferocious are

recorded of another legate at a different siege (Langlois, _Regne de

Philippe le Hardi_, p. 156). Their tragic significance for history is

not in the mouth of an angry crusader at the storming of a fortress, but

in the pen of an inoffensive monk, watching and praying under the

peaceful summit of the Seven Mountains.

Mr. Lea undertakes to dispute no doctrine and to propose no moral. He

starts with an avowed desire not to say what may be construed

injuriously to the character or feelings of men. He writes pure history,

and is methodically oblivious of applied history. The broad and

sufficient realm of fact is divided by a scientific frontier from the

outer world of interested argument. Beyond the frontier he has no

cognisance, and neither aspires to inflame passions nor to compose the

great eirenikon. Those who approach with love or hatred are to go empty

away; if indeed he does not try by turns to fill them both. He seeks his

object not by standing aloof, as if the name that perplexed Polyphemus

was the proper name for historians, but by running successively on

opposing lines. He conceives that civilised Europe owes its preservation

to the radiant centre of religious power at Rome, and is grateful to

Innocent III. for the vigour with which he recognised that force was the

only cure for the pestiferous opinions of misguided zealots. One of his

authorities is the inquisitor Bernardus Guidonis, and there is no writer

whom, in various shapes, he quotes so often. But when Guidonis says that

Dolcino and Margarita suffered _per juditium ecclesie_, Mr. Lea is

careful to vindicate the clergy from the blame of their sufferings.

From a distinction which he draws between despotism and its abuse, and

from a phrase, disparaging to elections, about rivers that cannot rise

above the level of their source, it would appear that Mr. Lea is not

under compulsion to that rigid liberalism which, by repressing the

time-test and applying the main rules of morality all round, converts

history into a frightful monument of sin. Yet, in the wake of passages

which push the praises of authority to the verge of irony, dire

denunciations follow. When the author looks back upon his labours, he

discerns "a scene of almost unrelieved blackness." He avers that "the

deliberate burning alive of a human being simply for difference of

belief, is an atrocity," and speaks of a "fiendish legislation," "an

infernal curiosity," a "seemingly causeless ferocity which appears to

persecute for the mere pleasure of persecuting." The Inquisition is

"energetic only in evil"; it is "a standing mockery of justice, perhaps

the most iniquitous that the arbitrary cruelty of man has ever

devised."

This is not the protest of wounded humanity. The righteous resolve to

beware of doctrine has not been strictly kept. In the private judgment

of the writer, the thinking of the Middle Ages was sophistry and their

belief superstition. For the erring and suffering mass of mankind he has

an enlightened sympathy; for the intricacies of speculation he has none.

He cherishes a disbelief, theological or inductive it matters not, in

sinners rescued by repentance and in blessings obtained by prayer.

Between remitted guilt and remitted punishment he draws a vanishing line

that makes it doubtful whether Luther started from the limits of

purgatory or the limits of hell. He finds that it was a universal

precept to break faith with heretics, that it was no arbitrary or

artificial innovation to destroy them, but the faithful outcome of the

traditional spirit of the Church. He hints that the horror of sensuality

may be easily carried too far, and that Saint Francis of Assisi was in

truth not very much removed from a worshipper of the devil. Prescott, I

think, conceived a resemblance between the god of Montezuma and the god

of Torquemada; but he saw and suspected less than his more learned

countryman. If any life was left in the Strappado and the Samarra, no

book would deserve better than this description of their vicissitudes to

go the way of its author, and to fare with the flagrant volume, snatched

from the burning at Champel, which is still exhibited to Unitarian

pilgrims in the Rue de Richelieu.

In other characteristic places we are taught to observe the agency of

human passion, ambition, avarice, and pride; and wade through oceans of

unvaried evil with that sense of dejection which comes from Digby's

_Mores Catholici_ or the _Origines de la France Contemporaine_, books

which affect the mind by the pressure of repeated instances. The

Inquisition is not merely "the monstrous offspring of mistaken zeal,"

but it is "utilised by selfish greed and lust of power." No piling of

secondary motives will confront us with the true cause. Some of those

who fleshed their swords with preliminary bloodshed on their way to the

holy war may have owed their victims money; some who in 1348 shared the

worst crime that Christian nations have committed perhaps believed that

Jews spread the plague. But the problem is not there. Neither credulity

nor cupidity is equal to the burden. It needs no weighty scholar,

pressed down and running over with the produce of immense research, to

demonstrate how common men in a barbarous age were tempted and

demoralised by the tremendous power over pain, and death, and hell. We

have to learn by what reasoning process, by what ethical motive, men

trained to charity and mercy came to forsake the ancient ways and made

themselves cheerfully familiar with the mysteries of the

torture-chamber, the perpetual prison, and the stake. And this cleared

away, when it has been explained why the gentlest of women chose that

the keeper of her conscience should be Conrad of Marburg, and,

inversely, how that relentless slaughterer directed so pure a penitent

as Saint Elizabeth, a larger problem follows. After the first

generation, we find that the strongest, the most original, the most

independent minds in Europe--men born for opposition, who were neither

awed nor dazzled by canon law and scholastic theology, by the master of

sentences, the philosopher and the gloss--fully agreed with Guala and

Raymond. And we ask how it came about that, as the rigour of official

zeal relaxed, and there was no compulsion, the fallen cause was taken up

by the Council of Constance, the University of Paris, the

States-General, the House of Commons, and the first reformers; that

Ximenes outdid the early Dominicans, while Vives was teaching

toleration; that Fisher, with his friend's handy book of revolutionary

liberalism in his pocket, declared that violence is the best argument

with Protestants; that Luther, excommunicated for condemning

persecution, became a persecutor? Force of habit will not help us, nor

love and fear of authority, nor the unperceived absorption of

circumambient fumes.

Somewhere Mr. Lea, perhaps remembering Maryland, Rhode Island, and

Pennsylvania, speaks of "what was universal public opinion from the

thirteenth to the seventeenth century." The obstacle to this theory, as

of a ship labouring on the Bank, or an orb in the tail of a comet, is

that the opinion is associated with no area of time, and remains

unshaken. The Dominican democrat who took his seat with the Mountain in

1848 never swerved from the principles of his order. More often, and, I

think, more deliberately, Mr. Lea urges that intolerance is implied in

the definition of the mediaeval Church, that it sprang from the root and

grew with "the very law of its being." It is no desperate expedient of

authority at bay, for "the people were as eager as their pastors to send

the heretic to the stake." Therefore he does not blame the perpetrator,

but his inherited creed. "No firm believer in the doctrine of exclusive

salvation could doubt that the truest mercy lay in sweeping away the

emissaries of Satan with fire and sword." What we have here is the logic

of history, constraining every system to utter its last word, to empty

its wallets, and work its consequences out to the end. But this radical

doctrine misguides its author to the anachronism that as early as the

first Leo "the final step had been taken, and the Church was definitely

pledged to the suppression of heresy at whatever cost."

We do not demand that historians shall compose our opinions or relieve

us from the purifying pains of thought. It is well if they discard

dogmatising, if they defer judgment, or judge, with the philosopher, by

precepts capable of being a guide for all. We may be content that they

should deny themselves, and repress their sentiments and wishes. When

these are contradictory, or such as evidently to tinge the medium, an

unholy curiosity is engendered to learn distinctly not only what the

writer knows, but what he thinks. Mr. Lea has a malicious pleasure in

baffling inquiry into the principle of his judgments. Having found, in

the Catechism of Saint Sulpice, that devout Catholics are much on a par

with the fanatics whose sympathy with Satan made the holy office a

requisite of civilisation, and having, by his exuberant censure,

prepared us to hear that this requisite of civilisation "might well seem

the invention of demons," he arrives at the inharmonious conclusion that

it was wrought and worked, with benefit to their souls, by sincere and

godly men. The condemnation of Hus is the proper test, because it was

the extreme case of all. The council was master of the situation, and

was crowded with men accustomed to disparage the authority of the Holy

See and to denounce its acts. Practically, there was no pope either of

Rome or Avignon. The Inquisition languished. There was the plausible

plea of deference to the emperor and his passport; there was the

imperative consideration for the religious future of Bohemia. The

reforming divines were free to pursue their own scheme of justice, of

mercy, and of policy. The scheme they pursued has found an assiduous

apologist in their new historian. "To accuse the good fathers of

Constance of conscious bad faith" is impossible. To observe the

safe-conduct would have seemed absurd "to the most conscientious jurists

of the council." In a nutshell, "if the result was inevitable, it was

the fault of the system and not of the judges, and their conscience

might well feel satisfied."

There may be more in this than the oratorical precaution of a scholar

wanting nothing, who chooses to be discreet rather than explicit, or the

wavering utterance of a mind not always strung to the same pitch. It is

not the craving to rescue a favourite or to clear a record, but a fusion

of unsettled doctrines of retrospective contempt. There is a

demonstration of progress in looking back without looking up, in finding

that the old world was wrong in the grain, that the kosmos which is

inexorable to folly is indifferent to sin. Man is not an abstraction,

but a manufactured product of the society with which he stands or falls,

which is answerable for crimes that are the shadow and the echo of its

own nobler vices, and has no right to hang the rogue it rears. Before

you lash the detected class, mulct the undetected. Crime without a

culprit, the unavenged victim who perishes by no man's fault, law

without responsibility, the virtuous agent of a vicious cause--all these

are the signs and pennons of a philosophy not recent, but rather

inarticulate still and inchoate, which awaits analysis by Professor

Flint.

No propositions are simpler or more comprehensive than the two, that an

incorrigible misbeliever ought to burn, or that the man who burns him

ought to hang. The world as expanded on the liberal and on the hegemonic

projection is patent to all men, and the alternatives, that Lacordaire

was bad and Conrad good, are clear in all their bearings. They are too

gross and palpable for Mr. Lea. He steers a subtler course. He does not

sentence the heretic, but he will not protect him from his doom. He does

not care for the inquisitor, but he will not resist him in the discharge

of his duty. To establish a tenable footing on that narrow but needful

platform is the epilogue these painful volumes want, that we may not be

found with the traveller who discovered a precipice to the right of him,

another to the left, and nothing between. Their profound and admirable

erudition leads up, like Hellwald's _Culturgeschichte_, to a great note

of interrogation. When we find the Carolina and the savage justice of

Tudor judges brought to bear on the exquisitely complex psychological

revolution that proceeded, after the year 1200, about the Gulf of Lyons

and the Tyrrhene Sea, we miss the historic question. When we learn that

Priscillian was murdered (i. 214), but that Lechler has no business to

call the sentence on John Hus "ein wahrer Justizmord" (ii. 494), and

then again that the burning of a heretic is a judicial murder after all

(i. 552), we feel bereft of the philosophic answer.

Although Mr. Lea gives little heed to Pani and Hefele, Gams and Du Boys,

and the others who write for the Inquisition without pleading ignorance,

he emphasises a Belgian who lately wrote that the Church never employed

direct constraint against heretics. People who never heard of the

Belgian will wonder that so much is made of this conventional figleaf.

Nearly the same assertion may be found, with varieties of caution and of

confidence, in a catena of divines, from Bergier to Newman. To appear

unfamiliar with the defence exposes the writer to the thrust that you

cannot know the strength or the weakness of a case until you have heard

its advocates. The liberality of Leo XIII., which has yielded a

splendid and impartial harvest to Ehrle, and Schottmueller, and the

Ecole Francaise, raises the question whether the Abbe Duchesne or Father

Denifle supplied with all the resources of the archives which are no

longer secret would produce a very different or more complete account.

As a philosophy of religious persecution the book is inadequate. The

derivation of sects, though resting always upon good supports, stands

out from an indistinct background of dogmatic history. The intruding

maxims, darkened by shadows of earth, fail to ensure at all times the

objective and delicate handling of mediaeval theory. But the vital parts

are protected by a panoply of mail. From the Albigensian crusade to the

fall of the Templars and to that Franciscan movement wherein the key to

Dante lies, the design and organisation, the activity and decline of the

Inquisition constitute a sound and solid structure that will survive the

censure of all critics. Apart from surprises still in store at Rome, and

the manifest abundance of Philadelphia, the knowledge which is common

property, within reach of men who seriously invoke history as the final

remedy for untruth and the sovereign arbiter of opinion, can add little

to the searching labours of the American.

FOOTNOTES:

[Footnote 401: _English Historical Review_, 1888.]

XVI

THE AMERICAN COMMONWEALTH. By JAMES BRYCE[402]

_THE AMERICAN COMMONWEALTH_ cancels that sentence of Scaliger which

Bacon amplifies in his warning against bookish politicians: "Nec ego nec

alius doctus possumus scribere in politicis." The distinctive import of

the book is its power of impressing American readers. Mr. Bryce is in a

better position than the philosopher who said of another, "Ich hoffe,

wir werden uns recht gut verstaendigen koennen; und wenn auch keiner den

andern ganz versteht, wird doch jeder dem andern dazu helfen, dass er

sich selbst besser verstehe." He writes with so much familiarity and

feeling--the national, political, social sympathy is so spontaneous and

sincere--as to carry a very large measure indeed of quiet reproach. The

perfect tone is enough to sweeten and lubricate a medicine such as no

traveller since Hippocrates has administered to contrite natives. Facts,

not comments, convey the lesson; and I know no better illustration of a

recent saying: "Si un livre porte un enseignement, ce doit etre malgre

son auteur, par la force meme des faits qu'il raconte."

If our countryman has not the chill sententiousness of his great French

predecessor, his portable wisdom and detached thoughts, he has made a

far deeper study of real life, apart from comparative politics and the

European investment of transatlantic experience. One of the very few

propositions which he has taken straight from Tocqueville is also one of

the few which a determined fault-finder would be able to contest. For

they both say that the need for two chambers has become an axiom of

political science. I will admit that the doctrine of Paine and Franklin

and Samuel Adams, which the Pennsylvanian example and the authority of

Turgot made so popular in France, is confuted by the argument of

Laboulaye: "La division du corps legislatif est une condition

essentielle de la liberte. C'est la seule garantie qui assure la nation

contre l'usurpation de ses mandataires." But it may be urged that a

truth which is disputed is not an axiom; and serious men still imagine a

state of things in which an undivided legislature is necessary to resist

a too powerful executive, whilst two chambers can be made to curb and

neutralise each other. Both Tocqueville and Turgot are said to have

wavered on this point.

It has been said that Tocqueville never understood the federal

constitution. He believed, to his last edition, that the opening words

of the first section, "all legislative powers herein granted," meant

"tous les pouvoirs legislatifs determines par les representants." Story

thought that he "has borrowed the greater part of his reflections from

American works [meaning his own and Lieber's] and little from his own

observation." The French minister at Washington described his book as

"interessant mais fort peu exact"; and even the _Nation_ calls it

"brilliant, superficial, and attractive." Mr. Bryce can never be accused

of imperfect knowledge or penetration, of undue dependence upon others,

or of writing up to a purpose. His fault is elsewhere. This scholar,

distinguished not only as a successful writer of history, which is said

to be frequent, but as a trained and professed historian, which is rare,

altogether declines the jurisdiction of the HISTORICAL REVIEW. His

contumacy is in gross black and white: "I have had to resist another

temptation, that of straying off into history." Three stout volumes tell

how things are, without telling how they came about. I should have no

title to bring them before this tribunal, if it were not for an

occasional glimpse at the past; if it were not for a strongly marked

and personal philosophy of American history which looms behind the Boss

and the Boom, the Hoodlum and the Mugwump.

There is a valid excuse for preferring to address the unhistoric mind.

The process of development by which the America of Tocqueville became

the America of Lincoln has been lately described with a fulness of

knowledge which no European can rival. Readers who thirst for the

running stream can plunge and struggle through several thousand pages of

Holst's _Verfassungsgeschichte_, and it is better to accept the division

of labour than to take up ground so recently covered by a work which, if

not very well designed or well composed, is, by the prodigious digestion

of material, the most instructive ever written on the natural history of

federal democracy. The author, who has spent twenty years on American

debates and newspapers, began during the pause between Sadowa and Woerth,

when Germany was in the throes of political concentration that made the

empire. He explains with complacency how another irrepressible conflict

between centre and circumference came and went, and how the welfare of

mankind is better served by the gathering than by the balance or

dispersion of forces. Like Gneist and Tocqueville, he thinks of one

country while he speaks of another; he knows nothing of reticence or

economy in the revelation of private opinion; and he has none of Mr.

Bryce's cheery indulgence for folly and error. But when the British

author refuses to devote six months to the files of Californian

journalism, he leaves the German master of his allotted field.

The actual predominates so much with Mr. Bryce that he has hardly a word

on that extraordinary aspect of democracy, the union in time of war; and

gives no more than a passing glance at the confederate scheme of

government, of which a northern writer said: "The invaluable reforms

enumerated should be adopted by the United States, with or without a

reunion of the seceded States, and as soon as possible." There are

points on which some additional light could be drawn from the roaring

loom of time. In the chapter on Spoils it is not stated that the idea

belongs to the ministers of George III. Hamilton's argument against

removals is mentioned, but not the New York edition of _The Federalist_

with the marginal note that "Mr. H. had changed his view of the

constitution on that point." The French wars of speculation and plunder

are spoken of; but, to give honour where honour is due, it should be

added that they were an American suggestion. In May 1790, Morris wrote

to two of his friends at Paris: "I see no means of extricating you from

your troubles, but that which most men would consider as the means of

plunging you into greater--I mean a war. And you should make it to

yourselves a war of men, to your neighbours a war of money.... I hear

you cry out that the finances are in a deplorable situation. This should

be no obstacle. I think that they may be restored during war better than

in peace. You want also something to turn men's attention from their

present discontents." There is a long and impartial inquiry into

parliamentary corruption as practised now; but one wishes to hear so

good a judge on the report that money prevailed at some of the

turning-points of American history; on the imputations cast by the

younger Adams upon his ablest contemporaries; on the story told by

another president, of 223 representatives who received accommodation

from the bank, at the rate of a thousand pounds apiece, during its

struggle with Jackson.

America as known to the man in the cars, and America observed in the

roll of the ages, do not always give the same totals. We learn that the

best capacity of the country is withheld from politics, that there is

what Emerson calls a gradual withdrawal of tender consciences from the

social organisation, so that the representatives approach the level of

the constituents. Yet it is in political science only that America

occupies the first rank. There are six Americans on a level with the

foremost Europeans, with Smith and Turgot, Mill and Humboldt. Five of

these were secretaries of state, and one was secretary of the treasury.

We are told also that the American of to-day regards the national

institutions with a confidence sometimes grotesque. But this is a

sentiment which comes down, not from Washington and Jefferson, but from

Grant and Sherman. The illustrious founders were not proud of their

accomplished work; and men like Clay and Adams persisted in desponding

to the second and third generation. We have to distinguish what the

nation owes to Madison and Marshall, and what to the army of the

Potomac; for men's minds misgave them as to the constitution until it

was cemented by the ordeal and the sacrifice of civil war. Even the

claim put forward for Americans as the providers of humour for mankind

seems to me subject to the same limitation. People used to know how

often, or how seldom, Washington laughed during the war; but who has

numbered the jokes of Lincoln?

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