"But if there were none but the ecclesiastical court, the Church would not even now sentence a criminal to prison or to death. Crime and the way of regarding it would inevitably change, not all at once of course, but fairly soon," Ivan replied calmly, without flinching.
"Are you serious?" Miüsov glanced keenly at him.
"If everything became the Church, the Church would exclude all the criminal and disobedient, and would not cut off their heads," Ivan went on. "I ask you, what would become of the excluded? He would be cut off then not only from men, as now, but from Christ. By his crime he would have transgressed not only against men but against the Church of Christ. This is so even now, of course, strictly speaking, but it is not clearly enunciated, and very, very often the criminal of to–day compromises with his conscience: ?I steal,’ he says, ?but I don’t go against the Church. I’m not an enemy of Christ.’ That’s what the criminal of to–day is continually saying to himself, but when the Church takes the place of the State it will be difficult for him, in opposition to the Church all over the world, to say: ?All men are mistaken, all in error, all mankind are the false Church. I, a thief and murderer, am the only true Christian Church.’ It will be very difficult to say this to himself; it requires a rare combination of unusual circumstances. Now, on the other side, take the Church’s own view of crime: is it not bound to renounce the present almost pagan attitude, and to change from a mechanical cutting off of its tainted member for the preservation of society, as at present, into completely and honestly adopting the idea of the regeneration of the man, of his reformation and salvation?"
"What do you mean? I fail to understand again," Miüsov interrupted. "Some sort of dream again. Something shapeless and even incomprehensible. What is excommunication? What sort of exclusion? I suspect you are simply amusing yourself, Ivan Fyodorovitch."
"Yes, but you know, in reality it is so now," said the elder suddenly, and all turned to him at once. "If it were not for the Church of Christ there would be nothing to restrain the criminal from evil–doing, no real chastisement for it afterwards; none, that is, but the mechanical punishment spoken of just now, which in the majority of cases only embitters the heart; and not the real punishment, the only effectual one, the only deterrent and softening one, which lies in the recognition of sin by conscience."
"How is that, may one inquire?" asked Miüsov, with lively curiosity.
"Why," began the elder, "all these sentences to exile with hard labor, and formerly with flogging also, reform no one, and what’s more, deter hardly a single criminal, and the number of crimes does not diminish but is continually on the increase. You must admit that. Consequently the security of society is not preserved, for, although the obnoxious member is mechanically cut off and sent far away out of sight, another criminal always comes to take his place at once, and often two of them. If anything does preserve society, even in our time, and does regenerate and transform the criminal, it is only the law of Christ speaking in his conscience. It is only by recognizing his wrong–doing as a son of a Christian society—that is, of the Church—that he recognizes his sin against society—that is, against the Church. So that it is only against the Church, and not against the State, that the criminal of to–day can recognize that he has sinned. If society, as a Church, had jurisdiction, then it would know when to bring back from exclusion and to reunite to itself. Now the Church having no real jurisdiction, but only the power of moral condemnation, withdraws of her own accord from punishing the criminal actively. She does not excommunicate him but simply persists in motherly exhortation of him. What is more, the Church even tries to preserve all Christian communion with the criminal. She admits him to church services, to the holy sacrament, gives him alms, and treats him more as a captive than as a convict. And what would become of the criminal, O Lord, if even the Christian society—that is, the Church—were to reject him even as the civil law rejects him and cuts him off? What would become of him if the Church punished him with her excommunication as the
