第82章

Hildebert, bishop of Mans, replying to Yves de Chartres, "that he was right in interdicting for life a priest who had, in self-defence, killed a robber with a stone."After this, you cannot have the assurance to persist in saying that your decisions are agreeable to the spirit or the canons of the Church.I defy you to show one of them that permits us to kill solely in defence of our property (for I speak not of cases in which one may be called upon to defend his life- se suaquae liberando); your own authors, and, among the rest, Father Lamy, confess that no such canon can be found."There is no authority," he says, "human or divine, which gives an express permission to kill a robber who makes no resistance." And yet this is what you permit most expressly.I defy you to show one of them that permits us to kill in vindication of honour, for a buffet, for an affront, or for a slander.I defy you to show one of them that permits the killing of witnesses, judges, or magistrates, whatever injustice we may apprehend from them.The spirit of the church is diametrically opposite to these seditious maxims, opening the door to insurrections to which the mob is naturally prone enough already.She has invariably taught her children that they ought not to render evil for evil; that they ought to give place unto wrath; to make no resistance to violence; to give unto every one his due- honour, tribute, submission; to obey magistrates and superiors, even though they should be unjust, because we ought always to respect in them the power of that God who has placed them over us.She forbids them, still more strongly than is done by the civil law, to take justice into their own hands; and it is in her spirit that Christian kings decline doing so in cases of high treason, and remit the criminals charged with this grave offence into the hands of the judges, that they may be punished according to the laws and the forms of justice, which in this matter exhibit a contrast to your mode of management so striking and complete that it may well make you blush for shame.

As my discourse has taken this turn, I beg you to follow the comparison which I shall now draw between the style in which you would dispose of your enemies, and that in which the judges of the land dispose of criminals.Everybody knows, fathers, that no private individual has a right to demand the death of another individual;and that though a man should have ruined us, maimed our body, burnt our house, murdered our father, and was prepared, moreover, to assassinate ourselves, or ruin our character, our private demand for the death of that person would not be listened to in a court of justice.Public officers have been appointed for that purpose, who make the demand in the name of the king, or rather, I would say, in the name of God.Now, do you conceive, fathers, that Christian legislators have established this regulation out of mere show and grimace? Is it not evident that their object was to harmonize the laws of the state with those of the Church, and thus prevent the external practice of justice from clashing with the sentiments which all Christians are bound to cherish in their hearts? It is easy to see how this, which forms the commencement of a civil process, must stagger you; its subsequent procedure absolutely overwhelms you.

Suppose then, fathers, that these official persons have demanded the death of the man who has committed all the above-mentioned crimes, what is to be done next? Will they instantly plunge a dagger in his breast? No, fathers; the life of man is too important to be thus disposed of; they go to work with more decency; the laws have committed it, not to all sorts of persons, but exclusively to the judges, whose probity and competency have been duly tried.And is one judge sufficient to condemn a man to death? No; it requires seven at the very least; and of these seven there must not be one who has been injured by the criminal, lest his judgement should be warped or corrupted by passion.You are aware also, fathers, that, the more effectually to secure the purity of their minds, they devote the hours of the morning to these functions.Such is the care taken to prepare them for the solemn action of devoting a fellow-creature to death; in performing which they occupy the place of God, whose ministers they are, appointed to condemn such only as have incurred his condemnation.

For the same reason, to act as faithful administrators of the divine power of taking away human life, they are bound to form their judgement solely according to the depositions of the witnesses, and according to all the other forms prescribed to them; after which they can pronounce conscientiously only according to law, and can judge worthy of death those only whom the law condemns to that penalty.And then, fathers, if the command of God obliges them to deliver over to punishment the bodies of the unhappy culprits, the same divine statute binds them to look after the interests of their guilty souls, and binds them the more to this just because they are guilty; so that they are not delivered up to execution till after they have been afforded the means of providing for their consciences.All this is quite fair and innocent; and yet, such is the abhorrence of the Church to blood that she judges those to be incapable of ministering at her altars who have borne any share in passing or executing a sentence of death, accompanied though it be with these religious circumstances; from which we may easily conceive what idea the Church entertains of murder.

Such, then, being the manner in which human life is disposed of by the legal forms of justice, let us now see how you dispose of it.