Part 3: Comparative Fairness of Joan's Trial; Joan not Tried as a Political Offender; The Church Uncompromised by its Amends; Cruelty, Modern and Medieval; Catholic Anti-Clericalism; Catholicism not yet Catholic Enough; The Law of Change is the Law of God; Credulity, Modern and Medieval; Toleration, Modern and Medieval; Variability of Toleration
COMPARATIVE FAIRNESS OF JOAN'S TRIAL
The truth is that Cauchon was threatened and insulted by the English for being too considerate to Joan. A recent French writer denies that Joan was burnt, and holds that Cauchon spirited her away and burnt somebody or something else in her place, and that the pretender who subsequently personated her at Orleans and elsewhere was not a pretender but the real authentic Joan. He is able to cite Cauchon's pro-Joan partiality in support of his view. As to the assessors, the objection to them is not that they were a row of uniform rascals, but that they were political partisans of Joan's enemies. This is a valid objection to all such trials; but in the absence of neutral tribunals they are unavoidable. A trial by Joan's French partisans would have been as unfair as the trial by her French opponents; and an equally mixed tribunal would have produced a deadlock. Such recent trials as those of Edith Cavell by a German tribunal and Roger Casement by an English one were open to the same objection; but they went forward to the death nevertheless, because neutral tribunals were not available. Edith, like Joan, was an arch heretic: in the middle of the war she declared before the world that 'Patriotism is not enough.' She nursed enemies back to health, and assisted their prisoners to escape, making it abundantly clear that she would help any fugitive or distressed person without asking whose side he was on, and acknowledging no distinction before Christ between Tommy and Jerry and Pitou the poilu. Well might Edith have wished that she could bring the Middle Ages back, and have fifty civilians, learned in the law or vowed to the service of God, to support two skilled judges in trying her case according to the Catholic law of Christendom, and to argue it out with her at sitting after sitting for many weeks. The modern military Inquisition was not so squeamish. It shot her out of hand; and her countrymen, seeing in this a good opportunity for lecturing the enemy on his intolerance, put up a statue to her, but took particular care not to inscribe on the pedestal 'Patriotism is not enough', for which omission, and the lie it implies, they will need Edith's intercession when they are themselves brought to judgment, if any heavenly power thinks such moral cowards capable of pleading to an intelligible indictment.
The point need be no further labored. Joan was persecuted essentially as she would be persecuted today. The change from burning to hanging or shooting may strike us as a change for the better. The change from careful trial under ordinary law to recklessly summary military terrorism may strike us as a change for the worse. But as far as toleration is concerned the trial and execution in Rouen in 1431 might have been an event of today; and we may charge our consciences accordingly. If Joan had to be dealt with by us in London she would be treated with no more toleration than Miss Sylvia Pankhurst, or the Peculiar People, or the parents who keep their children from the elementary school, or any of the others who cross the line we have to draw, rightly or wrongly, between the tolerable and the intolerable.
JOAN NOT TRIED AS A POLITICAL OFFENDER
Besides, Joan's trial was not, like Casement's, a national political trial. Ecclesiastical courts and the courts of the Inquisition (Joan was tried by a combination of the two) were Courts Christian: that is, international courts; and she was tried, not as a traitress, but as a heretic, blasphemer, sorceress, and idolater. Her alleged offences were not political offences against England, nor against the Burgundian faction in France, but against God and against the common morality of Christendom. And although the idea we call Nationalism was so foreign to the medieval conception of Christian society that it might almost have been directly charged against Joan as an additional heresy, yet it was not so charged; and it is unreasonable to suppose that the political bias of a body of Frenchmen like the assessors would on this point have run strongly in favor of the English foreigners (even if they had been making themselves particularly agreeable in France instead of just the contrary) against a Frenchwoman who had vanquished them.
The tragic part of the trial was that Joan, like most prisoners tried for anything but the simplest breaches of the ten commandments, did not understand what they were accusing her of. She was much more like Mark Twain than like Peter Cauchon. Her attachment to the Church was very different from the Bishop's, and does not, in fact, bear close examination from his point of view. She delighted in the solaces the Church offers to sensitive souls: to her, confession and communion were luxuries beside which the vulgar pleasures of the senses were trash. Her prayers were wonderful conversations with her three saints. Her piety seemed superhuman to the formally dutiful people whose religion was only a task to them. But when the Church was not offering her her favorite luxuries, but calling on her to accept its interpretation of God's will, and to sacrifice her own, she flatly refused, and made it clear that her notion of a Catholic Church was one in which the Pope was Pope Joan. How could the Church tolerate that, when it had just destroyed Hus, and had watched the career of Wycliffe with a growing anger that would have brought him, too, to the stake, had he not died a natural death before the wrath fell on him in his grave? Neither Hus nor Wycliffe was as bluntly defiant as Joan: both were reformers of the Church like Luther; whilst Joan, like Mrs Eddy, was quite prepared to supersede St Peter as the rock on which the Church was built, and, like Mahomet, was always ready with a private revelation from God to settle every question and fit every occasion.
The enormity of Joan's pretension was proved by her own unconsciousness of it, which we call her innocence, and her friends called her simplicity. Her solutions of the problems presented to her seemed, and indeed mostly were, the plainest commonsense, and their revelation to her by her Voices was to her a simple matter of fact. How could plain commonsense and simple fact seem to her to be that hideous thing, heresy? When rival prophetesses came into the field, she was down on them at once for liars and humbugs; but she never thought of them as heretics. She was in a state of invincible ignorance as to the Church's view; and the Church could not tolerate her pretensions without either waiving its authority or giving her a place beside the Trinity during her lifetime and in her teens, which was unthinkable. Thus an irresistible force met an immovable obstacle, and developed the heat that consumed poor Joan.
Mark and Andrew would have shared her innocence and her fate had they been dealt with by the Inquisition: that is why their accounts of the trial are as absurd as hers might have been could she have written one. All that can be said for their assumption that Cauchon was a vulgar villain, and that the questions put to Joan were traps, is that it has the support of the inquiry which rehabilitated her twenty-five years later. But this rehabilitation was as corrupt as the contrary proceeding applied to Cromwell by our Restoration reactionaries. Cauchon had been dug up, and his body thrown into the common sewer. Nothing was easier than to accuse him of cozenage, and declare the whole trial void on that account. That was what everybody wanted, from Charles the Victorious, whose credit was bound up with The Maid's, to the patriotic Nationalist populace, who idolized Joan's memory. The English were gone; and a verdict in their favour would have been an outrage on the throne and on the patriotism which Joan had set on foot.
We have none of these overwhelming motives of political convenience and popularity to bias us. For us the first trial stands valid; and the rehabilitation would be negligible but for the mass of sincere testimony it produced as to Joan's engaging personal character. The question then arises: how did The Church get over the verdict at the first trial when it canonized Joan five hundred years later?
THE CHURCH UNCOMPROMISED BY ITS AMENDS
Easily enough. In the Catholic Church, far more than in law, there is no wrong without a remedy. It does not defer to Joanesque private judgment as such, the supremacy of private judgment for the individual being the quintessence of Protestantism; nevertheless it finds a place for private judgment in excelsis by admitting that the highest wisdom may come as a divine revelation to an individual. On sufficient evidence it will declare that individual a saint. Thus, as revelation may come by way of an enlightenment of the private judgment no less than by the words of a celestial personage appearing in a vision, a saint may be defined as a person of heroic virtue whose private judgment is privileged. Many innovating saints, notably Francis and Clare, have been in conflict with the Church during their lives, and have thus raised the question whether they were heretics or saints. Francis might have gone to the stake had he lived longer. It is therefore by no means impossible for a person to be excommunicated as a heretic, and on further consideration canonized as a saint. Excommunication by a provincial ecclesiastical court is not one of the acts for which the Church claims infallibility. Perhaps I had better inform my Protestant readers that the famous Dogma of Papal Infallibility is by far the most modest pretension of the kind in existence. Compared with our infallible democracies, our infallible medical councils, our infallible astronomers, our infallible judges, and our infallible parliaments, the Pope is on his knees in the dust confessing his ignorance before the throne of God, asking only that as to certain historical matters on which he has clearly more sources of information open to him than anyone else his decision shall be taken as final. The Church may, and perhaps some day will, canonize Galileo without compromising such infallibility as it claims for the Pope, if not without compromising the infallibility claimed for the Book of Joshua by simple souls whose rational faith in more important things has become bound up with a quite irrational faith in the chronicle of Joshua's campaigns as a treatise on physics. Therefore the Church will probably not canonize Galileo yet awhile, though it might do worse. But it has been able to canonize Joan without any compromise at all. She never doubted that the sun went round the earth: she had seen it do so too often.
Still, there was a great wrong done to Joan and to the conscience of the world by her burning. Tout comprendre, c'est tout pardonner, which is the Devil's sentimentality, cannot excuse it. When we have admitted that the tribunal was not only honest and legal, but exceptionally merciful in respect of sparing Joan the torture which was customary when she was obdurate as to taking the oath, and that Cauchon was far more self-disciplined and conscientious both as priest and lawyer than any English judge ever dreams of being in a political case in which his party and class prejudices are involved, the human fact remains that the burning of Joan of Arc was a horror, and that a historian who would defend it would defend anything. The final criticism of its physical side is implied in the refusal of the Marquesas islanders to be persuaded that the English did not eat Joan. Why, they ask, should anyone take the trouble to roast a human being except with that object? They cannot conceive its being a pleasure. As we have no answer for them that is not shameful to us, let us blush for our more complicated and pretentious savagery before we proceed to unravel the business further, and see what other lessons it contains for us.
CRUELTY, MODERN AND MEDIEVAL
First, let us get rid of the notion that the mere physical cruelty of the burning has any special significance. Joan was burnt just as dozens of less interesting heretics were burnt in her time. Christ, in being crucified, only shared the fate of thousands of forgotten malefactors. They have no pre-eminence in mere physical pain: much more horrible executions than theirs are on record, to say nothing of the agonies of so-called natural death at its worst.
Joan was burnt more than five hundred years ago. More than three hundred years later: that is, only about a hundred years before I was born, a woman was burnt on Stephen's Green in my native city of Dublin for coining, which was held to be treason. In my preface to the recent volume on English Prisons under Local Government, by Sidney and Beatrice Webb, I have mentioned that when I was already a grown man I saw Richard Wagner conduct two concerts, and that when Richard Wagner was a young man he saw and avoided a crowd of people hastening to see a soldier broken on the wheel by the more cruel of the two ways of carrying out that hideous method of execution. Also that the penalty of hanging, drawing, and quartering, unmentionable in its details, was abolished so recently that there are men living who have been sentenced to it. We are still flogging criminals, and clamoring for more flogging. Not even the most sensationally frightful of these atrocities inflicted on its victim the misery, degradation, and conscious waste and loss of life suffered in our modern prisons, especially the model ones, without, as far as I can see, rousing any more compunction than the burning of heretics did in the Middle Ages. We have not even the excuse of getting some fun out of our prisons as the Middle Ages did out of their stakes and wheels and gibbets. Joan herself judged this matter when she had to choose between imprisonment and the stake, and chose the stake. And thereby she deprived The Church of the plea that it was guiltless of her death, which was the work of the secular arm. The Church should have confined itself to excommunicating her. There it was within its rights: she had refused to accept its authority or comply with its conditions; and it could say with truth 'You are not one of us: go forth and find the religion that suits you, or found one for yourself.' It had no right to say 'You may return to us now that you have recanted; but you shall stay in a dungeon all the rest of your life.' Unfortunately, The Church did not believe that there was any genuine soul saving religion outside itself; and it was deeply corrupted, as all the Churches were and still are, by primitive Calibanism (in Browning's sense), or the propitiation of a dreaded deity by suffering and sacrifice. Its method was not cruelty for cruelty's sake, but cruelty for the salvation of Joan's soul. Joan, however, believed that the saving of her soul was her own business, and not that of les gens d'église. By using that term as she did, mistrustfully and contemptuously, she announced herself as, in germ, an anti-Clerical as thoroughgoing as Voltaire or Anatole France. Had she said in so many words 'To the dustbin with the Church Militant and its blackcoated officials: I recognize only the Church Triumphant in heaven,' she would hardly have put her view more plainly.
CATHOLIC ANTI-CLERICALISM
I must not leave it to be inferred here that one cannot be an anti-Clerical and a good Catholic too. All the reforming Popes have been vehement anti-Clericals, veritable scourges of the clergy. All the great Orders arose from dissatisfaction with the priests: that of the Franciscans with priestly snobbery, that of the Dominicans with priestly laziness and Laodiceanism, that of the Jesuits with priestly apathy and ignorance and indiscipline. The most bigoted Ulster Orangeman or Leicester Low Church bourgeois (as described by Mr Henry Nevinson) is a mere Gallio compared to Machiavelli, who, though no Protestant, was a fierce anti-Clerical. Any Catholic may, and many Catholics do, denounce any priest or body of priests, as lazy, drunken, idle, dissolute, and unworthy of their great Church and their function as the pastors of their flocks of human souls. But to say that the souls of the people are no business of the Churchmen is to go a step further, a step across the Rubicon. Joan virtually took that step.
CATHOLICISM NOT YET CATHOLIC ENOUGH
And so, if we admit, as we must, that the burning of Joan was a mistake, we must broaden Catholicism sufficiently to include her in its charter. Our Churches must admit that no official organization of mortal men whose vocation does not carry with it extraordinary mental powers (and this is all that any Church Militant can in the face of fact and history pretend to be), can keep pace with the private judgment of persons of genius except when, by a very rare accident, the genius happens to be Pope, and not even then unless he is an exceedingly overbearing Pope. The Churches must learn humility as well as teach it. The Apostolic Succession cannot be secured or confined by the laying on of hands: the tongues of fire have descended on heathens and outcasts too often for that, leaving anointed Churchmen to scandalize History as worldly rascals. When the Church Militant behaves as if it were already the Church Triumphant, it makes these appalling blunders about Joan and Bruno and Galileo and the rest which make it so difficult for a Freethinker to join it; and a Church which has no place for Freethinkers: nay, which does not inculcate and encourage freethinking with a complete belief that thought, when really free, must by its own law take the path that leads to The Church's bosom, not only has no future in modern culture, but obviously has no faith in the valid science of its own tenets, and is guilty of the heresy that theology and science are two different and opposite impulses, rivals for human allegiance.
I have before me the letter of a Catholic priest. 'In your play,' he writes, 'I see the dramatic presentation of the conflict of the Regal, sacerdotal, and Prophetical powers, in which Joan was crushed. To me it is not the victory of any one of them over the others that will bring peace and the Reign of the Saints in the Kingdom of God, but their fruitful interaction in a costly but noble state of tension.' The Pope himself could not put it better; nor can I. We must accept the tension, and maintain it nobly without letting ourselves be tempted to relieve it by burning the thread. This is Joan's lesson to The Church; and its formulation by the hand of a priest emboldens me to claim that her canonization was a magnificently Catholic gesture as the canonization of a Protestant saint by the Church of Rome. But its special value and virtue cannot be apparent until it is known and understood as such. If any simple priest for whom this is too hard a saying tells me that it was not so intended, I shall remind him that the Church is in the hands of God, and not, as simple priests imagine, God in the hands of the Church; so if he answers too confidently for God's intentions he may be asked 'Hast thou entered into the springs of the sea? or hast thou walked in the recesses of the deep?' And Joan's own answer is also the answer of old: 'Though He slay me, yet will I trust in Him; but I will maintain my own ways before Him.'
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