Econlib

The Library

Other Sites

 Front Page arrow Titles (by Subject) arrow 3.: RELIGIOUS PERSECUTION MORNING CHRONICLE, 1 JAN., 1823, P. 1 - The Collected Works of John Stuart Mill, Volume XXII - Newspaper Writings December 1822 - July 1831 Part I

Return to Title Page for The Collected Works of John Stuart Mill, Volume XXII - Newspaper Writings December 1822 - July 1831 Part I

Search this Title:

Also in the Library:

Subject Area: Political Theory
Collection: The Collected Works of John Stuart Mill

3.: RELIGIOUS PERSECUTION MORNING CHRONICLE, 1 JAN., 1823, P. 1 - John Stuart Mill, The Collected Works of John Stuart Mill, Volume XXII - Newspaper Writings December 1822 - July 1831 Part I [1822]

Edition used:

The Collected Works of John Stuart Mill, Volume XXII - Newspaper Writings December 1822 - July 1831 Part I, ed. Ann P. Robson and John M. Robson, Introduction by Ann P. Robson and John M. Robson (Toronto: University of Toronto Press, London: Routledge and Kegan Paul, 1986).

Part of: Collected Works of John Stuart Mill, in 33 vols.

About Liberty Fund:

Liberty Fund, Inc. is a private, educational foundation established to encourage the study of the ideal of a society of free and responsible individuals.


3.

RELIGIOUS PERSECUTION

MORNING CHRONICLE, 1 JAN., 1823, P. 1

This letter was occasioned by a series of prosecutions for blasphemous libel that received considerable attention in the press (see, e.g., in the last part of 1822, Examiner, 27 Oct., pp. 685-6, 3 Nov., pp. 709-10, 17 Nov., pp. 721-4, 726, 734, 24 Nov., pp. 748-9, 764-5, 15 Dec., pp. 788ff.). Headed as title, with the subhead “To the Editor of the Morning Chronicle,” the letter was the first of Mill’s many contributions to the Morning Chronicle. The item is described in Mill’s bibliography as “A letter in the Morning Chronicle of 1st January 1823 on Free Discussion, signed, An Enemy to Religious Persecution”

(MacMinn, p. 1).

sir,—

I beg leave to submit to you some observations, which may, perhaps, appear too obvious to be deserving of insertion. The importance, however, of the subject, and the state of vagueness in which every thing connected with it has been hitherto suffered to remain, must plead my apology for intruding upon your notice.

The late persecutions for matters of opinion have frequently been defended, on the ground that “Christianity is part and parcel of the law of England.”1 This sentence, put together by a Judge, passed from Judge to Judge with solemn and appalling gravity, will be found, on examination, to be, like the many other high-sounding maxims with which our law abounds, utterly unmeaning and absurd. This is so evident, that nothing but the extreme vagueness of the language in which this doctrine is conveyed could have protected it from detection and exposure.

A law is a precept, to the non-observance of which, pains and penalties are attached by the Government. Against this definition, I apprehend, no objection can be brought. And the law of England, collectively considered, is a collection of the precepts, thus sanctioned by legal authority.

Having thus settled the meaning of one of the words employed, let us pass to the other. Christianity then consists of two parts—a collection of precepts and a collection of opinions. When we speak of the spirit of christianity, of its morality, &c., we allude more particularly to the precepts. When we speak of the doctrines, the dogmas, the truths of christianity, this is with reference to the opinions which it inculcates. This division appears to me to be complete. No one can mention any thing connected with christianity, which is not either matter of precept, or matter of opinion.

Now when it is asserted by Judges that christianity is part and parcel of the law, is this meant of the precepts of christianity?—No, certainly: for if so, it would mean that every moral duty is enforced by the law of England; of the impossibility of this, it is scarcely necessary to produce any illustration. Not to notice the frequent admonitions which we find in the Gospel for preserving purity of heart,2 it will not be denied that sobriety and chastity are among the first of moral duties. But what would be the consequence of erecting them into a law? It is enough to say that it would be necessary to place a spy in every house.

But if not the precepts, perhaps the opinions which christianity inculcates, may be said with propriety to be “part and parcel of the law.” And how? The law is a collection of precepts. In what sense can an opinion be part of a collection of precepts?—Surely this maxim, which has been made the foundation of proceedings such as we have lately witnessed, is either palpably false, or wholly without a meaning. Unfortunately the protection, as it is sacrilegiously termed, of the christian doctrines, by the persecution of those who hold contrary opinions, is part and parcel of the law. But this, the only intelligible sense in which the maxim can be taken, ought not thus to be made a foundation for itself.—The Judge argues as follows:—I punish infidelity, because christianity is part and parcel of the law. This is as much as to say, I punish infidelity, because such punishment is part of the law.—This may be a very good defence for the particular Judge who pronounces the sentence, but is it not absurd to give it as a justification of the persecuting law?

An Enemy to Religious Persecution

[1 ]The phrase, frequently used in courts, originated evidently with Matthew Hale (1609-76), in his judgment in the case of K. v. Taylor, 1676 (86 English Reports 189).

[2 ]See, e.g., Matthew, 5:8, I Timothy, 1:5, II Timothy, 2:22, and Titus, 1:15.