Question III

GRATIAN. That an injury to associates is not to be repelled by arms is proved by examples and authorities. For when the Lord was sought by Herod in order to be killed, he did not seek for himself the protection of arms, although by a hidden impulse he could have turned the hands of the Jews against him, but, fleeing into Egypt, he lay hidden there for seven years. Thus also, when he was assailed with stones by the Jews, he hid himself and went out of the temple. Thus also, when he was led to the cross, he was unwilling to stir up against the elders of the Jews the crowd that had recently gone out to meet him and had received him with palms and praises. Thus also, when questioned by Pilate whether he was a king, he said, “My kingdom is not of this world. For if it were of this world, my servants certainly would fight so that I should not be handed over to the Jews,” indicating that those belong to the kingdom of this world who strive to protect themselves from impending injury by the aid of human strength, not by divine protection. Likewise, when he said to his disciples, “If they persecute you in one city, flee into another,” he taught that flight, not arms, was to be opposed to persecutors. § 1. Likewise, as is read in Isaiah, Egypt was devastated by Nebuchadnezzar because it promised aid of protection and defense to the children of Israel against the Assyrians and Chaldeans. Hence it was said: “The king of Egypt is a staff of reed; if anyone leans upon it, it will break and pierce the hand of the one leaning.” The Jews themselves also were led away captive because they placed hope of their liberation not in God alone but also in man. Thus also it is read of the first believers that they received with joy the plundering of their goods, not seeking for themselves the patronage of others, but rejoicing because they were found worthy to suffer insult for the name of Jesus. Thus also the Apostle in the First Epistle persuades the Corinthians to endure injury and fraud patiently rather than scandalize their brothers by seeking recovery. Thus he judges that one ought to abstain from things offered to idols and from any food rather than eat with scandal to the brothers. Thus he also abstains from expenses lest he furnish any stumbling block to the Gospel of Christ. Therefore, since one who is restrained by arms from inflicting injury is no less scandalized than one from whom things taken are demanded back before a judge, it is evident that the aid of arms is not to be sought for repelling injury. But what is not to be sought ought not by right to be furnished. § 2. Yet many things are rightly furnished that nevertheless are not by right sought. For a good man would not rightly seek vengeance for an injury, because he would return evil for evil; yet a judge would rightly inflict it and would return nothing but good for evil. Hence Augustine says in the exposition of Psalm 108:

There are six differences: to return good things for evil things, and not to return evil things for evil things—these belong to the good, and the former is better. Not to return good things for good things, and to return evil things for good things—these two belong to the evil, and the latter is worse. To return good things for good things, and evil things for evil things—these two belong to those in the middle: the former is near to the good, which Christ does not condemn but says that more is required, because even the gentiles do this; the latter is near to the evil, yet it is fitting also for the good. Hence the law also established a measure of vengeance: “An eye for an eye.” This, if it can be so called, is the justice of the unjust—not because the vengeance that the law established is inequitable, but because the desire to take vengeance is vicious; and it pertains more to a judge to decree this among men than to a good man to seek it for himself. For the latter would return evil for evil, but the judge would not; rather, from delight in justice he would return what is just for what is unjust, which is good for evil, as God the judge also does. GRATIAN. Likewise, what belongs to one is demanded unjustly from someone captured unjustly, but it is justly offered for the redemption of life. Likewise, sacred vessels are demanded unjustly by some barbarian, but they are justly furnished for the redemption of captives. Thus also, the repelling of injury, although it is sought unjustly, is nevertheless furnished justly, although the seeking itself is proved not altogether unjust. § 1. For it is one thing to repel injury so that one may be permitted to live pleasurably, and another so that one may freely devote oneself to the benefit of others. And thus it is one thing to seek support from a man as from a minister of justice, so that through his ministry the evil will of adversaries may lack effect and the will of the good may obtain effect through his support; it is another to transfer one’s hope from God to man, so that adversities inflicted by God for correction of life may be repelled by human aid without any preceding correction. So did the Israelites, who thought that by the support of the Egyptians they could escape the captivity impending over them without penance for their past life, not recalling to memory: “Give us aid from tribulation, because the salvation of man is vain”; and likewise, “These in chariots and these on horses, but we shall invoke the name of our God.” Therefore, to seek or furnish assistance in tribulation so that someone may live pleasurably in crime is condemnable. But to seek or furnish help so that the evil may be deprived of the opportunity to offend, so that the church may obtain peace, or so that someone may be preserved for the benefit of many is useful and honorable; but to dissemble is most grave. Hence it is read of Paul that, when certain Jews had sworn that they would not eat bread unless they killed him, he sought soldiers from the praetor by whose protection he might be preserved unharmed from the injury of the Jews, intending to live not for his own pleasure but for the benefit of all. Hence in the Gospel the hireling is one who sees the wolf coming, leaves the sheep, and flees. § 2. Hence also the church is admonished to seek aid from the emperor for its defense. Thus Augustine says to Boniface, [letter 50]:

Maximian, Bishop of Vaga, sought aid from the Christian emperor against the enemies of the church, not so much for the purpose of avenging himself as of protecting the church entrusted to him. If he had omitted this, his patience would not have been praiseworthy, but his negligence would deservedly have been blameworthy. For neither did the Apostle Paul provide for his own transitory life, but for the church of God, when he caused the plan of those who had conspired to kill him to be disclosed to the tribune. Hence it happened that an armed soldier escorted him to the place to which he was to be brought, lest he lie open to their ambushes.

Likewise Augustine to Emeritus, [letter 164]. Our people seek vengeance from the ordained powers against the unlawful and private acts of violence of your people—which even you there who commit such things lament and bewail—not because they persecute them, but because they defend themselves.

Likewise the same against Petilian, [Book II, c. 88]. For the members of Christ they rage against you and resist you, whoever in the church are of that spirit in which Peter then was when he drew the sword for Christ’s name. But there is a great difference between your persecution and theirs. You are like the priest’s servant, because, serving your princes, you are armed against the Catholic Church—that is, against the body of Christ. But they are such as Peter then was, who fought even bodily for Christ’s body—that is, for the church.

Likewise Ambrose in Book I of On Duties, [c. 27]. Courage that protects the homeland from barbarians in war, or defends the weak at home, or protects associates from robbers, is full of justice.

Likewise Jerome upon Zephaniah, [on c. 1]. If anyone enervates the strength of a robber or pirate and renders his limbs weak, their weakness benefits them. For their disabled limbs, which they formerly did not use well, will cease from evil work.

Likewise Ambrose in Book I of On Duties, [c. 36]. The law of courage consists not in inflicting injury but in repelling it. For one who does not repel an injury from an associate when he can is as much at fault as the one who inflicts it. Hence holy Moses first began from this the trials of his feeble courage. For when he had seen a Hebrew receiving injury from an Egyptian, he defended him in such a way that he struck down the Egyptian and hid him in the sand. Solomon also says: “Rescue him who is led to death.”

Likewise Anastasius and Damasus. One who can oppose and disturb the perverse and does not do so is nothing other than a favorer of their impiety. Nor is one free from the scruple of secret association who ceases to oppose a manifest crime.

Likewise Callistus, [letter 2 to the bishops of Gaul]. It is just that those who contemn divine commands and are disobedient to paternal injunctions be corrected by more severe punishments, so that others may fear to commit such things, God may rejoice in fraternal concord, and all may receive an example of severity and goodness. For if—which may it not happen—we neglect ecclesiastical solicitude and vigor, idleness destroys discipline, and the souls of the faithful will assuredly be harmed.

Likewise from the Fifth Council of Carthage, [c. 9]. It is just that this be sought from all emperors because of the affliction of the poor, by whose troubles the church is wearied without interruption: that defenders be delegated to them against the powers of the rich, with the provision of the bishops. GRATIAN. Behold, sometimes the perverse are to be opposed, and an injury to associates is to be repelled by arms, so that both the opportunity to offend, having been taken from the evil, may benefit them, and the desired opportunity of freely providing for the church may be ministered to the good. One who does not do this consents. Hence Augustine says on Psalm 81:

The Prophet shows that those who permitted the rulers to kill Christ are not immune from the crime, since they were feared because of their multitude and could free the rulers from the deed and themselves from consent. One who ceases to oppose when he can consents.