CHAPTER XX.08

XVIII. Let such persons, therefore, understand, that judicial processes are lawful to those who use them rightly; and that the right use, both for the plaintiff and for the defendant, is this: First, if the plaintiff, being injured either in his person or in his property, has recourse to the protection of the magistrate, states his complaint, makes a just and equitable claim, but without any desire of injury or revenge, without any asperity or hatred, without any ardour for contention, but rather prepared to waive his right, and to sustain some disadvantage, than to cherish enmity against his adversary. Secondly, if the defendant, being summoned, appears on the day appointed, and defends his cause by the best arguments in his power, without any bitterness, but with the simple desire of maintaining his just right. On the contrary, when their minds are filled with malevolence, corrupted with envy, incensed with wrath, stimulated with revenge, or inflamed with the fervour of contention, so as to diminish their charity, all the proceedings of the justest cause are inevitably wicked. For it ought to be an established maxim with all Christians, that however just a cause may be, no lawsuit can ever be carried on in a proper manner by any man, who does not feel as much benevolence and affection towards his adversary, as if the business in dispute had already been settled and terminated by an amicable adjustment. Some, perhaps, will object, that such moderation in lawsuits is far from being ever practised, and that if one instance of it were to be found, it would be regarded as a prodigy. I confess, indeed, that, in the corruption of these times, the example of an upright litigator is very rare; but the thing itself ceases not to be good and pure, if it be not defiled by an adventitious evil. But when we hear that the assistance of the magistrate is a holy gift of God, it behoves us to use the more assiduous caution that it be not contaminated by our guilt.

XIX. Those who positively condemn all controversies at law, ought to understand that they thereby reject a holy ordinance of God, and a gift of the number of those which may be “pure to the pure;” unless they mean to charge Paul with a crime, who repelled the calumnies of his accusers, exposing their subtlety and malice; who, before his judges, asserted his right to the privileges of a Roman citizen; and who, when he found it necessary, appealed from an unjust governor to the tribunal of Cæsar. It is no objection to this that all Christians are forbidden the desire of revenge, which we also wish to banish to the greatest distance from all Christian judicatures. For, in a civil cause, no man proceeds in the right way, who does not, with innocent simplicity, commit his cause to the judge as to a public guardian, without the least thought of a mutual retaliation of evil, which is the passion of revenge. And in any more important or criminal action we require the accuser to be one who goes into the court, influenced by no desire of revenge, affected by no resentment of private injury, and having no other motive than to resist the attempts of a mischievous man, that he may not injure the public. But if a vindictive spirit be excluded, no offence is committed against that precept by which revenge is forbidden to Christians. It may probably be objected, that they are not only forbidden to desire revenge, but are also commanded to wait for the hand of the Lord, who promises that he will assist and revenge the afflicted and oppressed, and therefore that those who seek the interference of the magistrate on behalf of themselves or others, anticipate all that vengeance of the celestial protector. But this is very far from the truth. For the vengeance of the magistrate is to be considered, not as the vengeance of man, but of God, which, according to the testimony of Paul, he exercises by the ministry of men for our good.

XX. Nor do we any more oppose the prohibition and injunction of Christ, “Resist not evil; but whosoever shall smite thee on thy right cheek, turn to him the other also; and if any man will sue thee at the law, and take away, thy coat, let him have thy cloak also.”

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In this passage, indeed, he requires the minds of his servants to be so far from cherishing a desire of retaliation, as rather to suffer the repetition of an injury against themselves than to wish to revenge it; nor do we dissuade them from this patience. For it truly behoves Christians to be a people, as it were, formed to bear injuries and reproaches, exposed to the iniquity, impostures, and ridicule of the worst of mankind; and not only so, but they ought to be patient under all these evils; that is to say, so calm and composed in their minds, that, after having suffered one affliction, they may prepare themselves for another, expecting nothing all their lifetime but to bear a perpetual cross. At the same time, they are required to bless and pray for them from whom they receive curses, to do good to them from whom they experience injuries,

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and to aim at that which constitutes their only victory, to “overcome evil with good.”

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With this disposition they will not demand “an eye for an eye, and a tooth for a tooth,” as the Pharisees taught their disciples to desire revenge; but, as we are instructed by Christ, they will suffer injuries in their persons and property in such a manner as to be ready to forgive them as soon as they are committed.

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Yet this equanimity and moderation will be no obstacle, but that, without any breach of friendship towards their enemies, they may avail themselves of the assistance of the magistrate for the preservation of their property; or, from zeal for the public good, may bring a pestilent offender to justice, though they know he can only be punished with death. For it is very correctly explained by Augustine, that the end of all these precepts is, “that a just and pious man should be ready to bear with patience the wickedness of those whom he desires to become good; rather in order that the number of the good may increase, not that with similar wickedness he may himself join the number of the evil; and in the next place, that they relate to the internal affection of the heart more than to the external actions; in order that in the secrecy of our minds we may feel patience and benevolence, but in our outward conduct may do that which we see tends to the advantage of those to whom we ought to feel benevolent affections.”