[Footnote 265: _De Consol. Phil._ ii. 6.--(W.)]

From all this evidence it is manifest that the Roman people prevailed when all were striving to gain the Empire of the world. Therefore it was by the judgment of G.o.d that it prevailed; consequently its Empire was gained by the judgment of G.o.d, which is to say, that it was gained by right.

X.--And what is gained as the result of single combat or duel is gained of right. For whenever human judgment fails, either because it is involved in the clouds of ignorance, or because it has not the a.s.sistance of a judge, then, lest justice should be left deserted, we must have recourse to Him who loved justice so much that He died to fulfil what it required by shedding His own blood. Therefore the Psalmist wrote: "The righteous Lord loveth righteousness." This result is gained when, by the free consent of the parties, not from hatred but from love of justice, men inquire of the judgment of G.o.d by a trial of strength as well of soul as of body. And this trial of strength is called a duel, because in the first instance it was between two combatants, man to man.

But when two nations quarrel they are bound to try in every possible way to arrange the quarrel by means of discussion; it is only when this is hopeless that they may declare war. Cicero and Vegetius agree on this point, the former in his _De Officiis_,[266] the latter in his book on war. In the practice of medicine recourse may only be had to amputation and cauterising when every other means of cure have been tried. So in the same way, it is only when we have sought in vain for all other modes of deciding a quarrel that we may resort to the remedy of a single combat, forced thereto by a necessity of justice.

[Footnote 266: _De Off._ i. 12; _De Re Milit._ iii. _prol._--(W.)]

Two formal rules, then, of the single combat are clear, one which we have just mentioned, the other, which we touched on before, that the combatants or champions must enter the lists by common consent, not animated by private hatred or love, but simply by an eager desire for justice. Therefore Cicero, in touching on this matter, spoke well when he said: "Wars, which are waged for the crown of empire, must be waged without bitterness."[267]

[Footnote 267: "Imperii _gloria_," not "_corona_," in _Cic. de Off._ i. 12.--(W.)]

But, if the rules of single combat be kept when men are driven by justice to meet together by common consent, in their zeal for justice (and if they are not, the contest ceases to be a single combat), do not they meet together in the name of G.o.d? And if it is so, is not G.o.d in the midst of them, for He Himself promises us this in the Gospel?

And if G.o.d is there, is it not impious to suppose that justice can fail?--that justice which He loved so much, as we have just seen. And if single combat cannot fail to secure justice, is not what is gained in single combat gained as of right?

This truth the Gentiles, too, recognised before the trumpet of the Gospel was sounded, when they sought for a judgment in the fortune of single combat. So Pyrrhus, n.o.ble both in the manners and in the blood of aeacidae, gave a worthy answer when the Roman envoys were sent to him to treat for the ransom of prisoners. "I ask not for gold; ye shall pay me no price, being not war-mongers, but true men of war. Let each decide his fate with steel, and not with gold. Whether it be you or I that our mistress wills to reign, or what chance she may bring to each, let us try by valour. Hear ye also this word: those whose valour the fortune of war has spared, their liberty will I too spare. Take ye them as my gift."[268] So spoke Pyrrhus. By "mistress" he meant Fortune, which we better and more rightly call the Providence of G.o.d.

Therefore, let the combatants beware that they fight not for money; then it would be no true single combat in which they fought, for they would strive in a court of blood and injustice; and let it not be thought that G.o.d would then be present to judge; nay, for it would be that ancient enemy who had been the instigator of the strife. If they wish to be true combatants, and not dealers in blood and injustice, let them keep Pyrrhus before their eyes when they enter the arena, the man who, when he was striving for empire, so scorned gold, as we have said.

[Footnote 268: Ennius in _Cic. de Off._ i. 12 (W.) "War-monger" is Spenser's word. _F.Q._ 3, 10, 29.]

But, if men will not receive the truth which we have proved, and object, as they are wont, that all men are not equal in strength, we will refute them with the instance of the victory of David over Goliath; and if the Gentiles seek for aught more, let them repel the objection by the victory of Hercules over Antaeus. For it is mere folly to fear that the strength which G.o.d makes strong should be weaker than a human champion. It is, therefore, now sufficiently clear that what is acquired by single combat is acquired by right.

XI.--But the Roman people gained their empire by duel between man and man; and this is proved by testimonies that are worthy of all credence; and in proving this, we shall also show that where any question had to be decided from the beginning of the Roman Empire, it was tried by single combat.

For first of all, when a quarrel arose about the settling in Italy of Father aeneas, the earliest ancestor of this people, and when Turnus, King of the Rutuli, withstood aeneas, it was at last agreed between the two kings to discover the good pleasure of G.o.d by a single combat, which is sung in the last book of the _aeneid_. And in this combat aeneas was so merciful in his victory, that he would have granted life and peace to the conquered foe, had he not seen the belt which Turnus had taken on slaying Pallas, as the last verses of our poet describe.

Again, when two peoples had grown up in Italy, both sprung from the Trojan stem, namely, the Romans and the Albans, and they had long striven whose should be the sign of the eagle,[269] and the Penates of Troy, and the honours of empire; at last by mutual consent, in order to have certain knowledge of the case in hand, the three Horatii, who were brethren, and the three Curatii, who were also brethren, fought together before the kings and all the people anxiously waiting on either side; and since the three Alban champions were killed, while one Roman survived, the palm of victory fell to the Romans, in the reign of Hostilius the king. This story has been diligently put together by Livy, in the first part of his history, and Orosius also gives similar testimony.[270]

[Footnote 269: "_Il sacrosanto segno._" V. _Parad._ vi. 32.]

[Footnote 270: Liv. i. 24; Oros. ii. 4.]

Next they fought for empire with their neighbours the Sabines and Samnites, as Livy tells us; all the laws of war were kept; and though those who fought were very many in number, the war was in the form of a combat between man and man. In the contest with the Samnites, Fortune nearly repented her of what she had begun, as Lucan instances in the second book of his _Pharsalia_:[271] "How many companies lay dead by the Colline gate then, when the headship of the world and universal empire well-nigh were transferred to other seats, and the Samnite heaped the corpses of Rome beyond the numbers[272] of the Caudine Forks."

[Footnote 271: II. 135.]

[Footnote 272:

"Romanaque Samnis Ultra Caudinas superavit vulnera furcas."

Another reading is "speravit."]

But after that the intestine quarrels of Italy had ceased, and while the issue of the strife with Greece and Carthage was not yet made certain by the judgment of G.o.d--for both Greece and Carthage aimed at empire--then Fabricius for Rome, and Pyrrhus for Greece, fought with vast hosts for the glory of empire, and Rome gained the day. And when Scipio for Rome, and Hannibal for Carthage, fought man to man, the Africans fell before the Italians, as Livy and all the other Roman historians strive to tell.

Who then is so dull of understanding as not to see that this glorious people has won the crown of all the world, by the decision of combat?

Surely the Roman may repeat Paul's words to Timothy: "There is laid up for me a crown of righteousness," laid up, that is, in the eternal providence of G.o.d. Let, then, the presumptuous Jurists see how far they stand below that watch-tower of reason whence the mind of man regards these principles: and let them be silent, content to show forth counsel and judgment according to the meaning of the law.

It has now become manifest that it was by combat of man against man that the Romans gained their empire: therefore it was by right that they gained it, and this is the princ.i.p.al thesis of the present book.

Up to this point we have proved our thesis by arguments which mostly rest on principles of reason; we must now make our point clear by arguments based on the principles of the Christian faith.

XII.--For it is they who profess to be zealous for the faith of Christ who have chiefly "raged together," and "imagined a vain thing" against the Roman empire; men who have no compa.s.sion on the poor of Christ, whom they not only defraud as to the revenues of the Church; but the very patrimonies of the Church are daily seized upon; and the Church is made poor, while making a show of justice they yet refuse to allow the minister of justice to fulfil his office.

Nor does this impoverishment happen without the judgment of G.o.d. For their possessions do not afford help to the poor, to whom belongs as their patrimony the wealth of the Church; and these possessions are held without grat.i.tude to the empire which gives them. Let these possessions go back to whence they came. They came well; their return is evil: for they were well given, and they are mischievously held.

What shall we say to shepherds like these? What shall we say when the substance of the Church is wasted, while the private estates of their own kindred are enlarged? But perchance it is better to proceed with what is set before us; and in religious silence to wait for our Saviour's help.

I say, then, that if the Roman empire did not exist by right, Christ in being born presupposed and sanctioned an unjust thing. But the consequent is false; therefore the contradictory of the antecedent is true; for it is always true of contradictory propositions, that if one is false the other is true. It is not needful to prove the falsity of the consequent to a true believer: for, if he be faithful, he will grant it to be false; and if he be not faithful, then this reasoning is not for him.

I prove the consequence thus: wherever a man of his own free choice carries out a public order, he countenances and persuades by his act the justice of that order; and seeing that acts are more forcible to persuade than words (as Aristotle holds in the tenth book of his _Ethics_),[273] therefore by this he persuades us more than if it were merely an approval in words. But Christ, as Luke who writes His story, says, willed to be born of the Virgin Mary under an edict of Roman authority, so that in that unexampled census of mankind, the Son of G.o.d, made man, might be counted as man: and this was to carry out that edict. Perhaps it is even more religious to suppose that it was of G.o.d that the decree issued through Caesar, so that He who had been such long years expected among men should Himself enroll himself with mortal man.

[Footnote 273: _Eth._ x. 1.]

Therefore Christ, by His action, enforced the justice of the edict of Augustus, who then wielded the Roman power. And since to issue a just edict implies jurisdiction, it necessarily follows that He who showed that He thought an edict just, must also have showed that He thought the jurisdiction under which it was issued just; but unless it existed by right it were unjust.

And it must be noted that the force of the argument taken to destroy the consequent, though the argument partly holds from its form, shows its force in the second figure, if it be reduced as a syllogism, just as the argument based on the a.s.sumption of the antecedent is in the first figure. The reduction is made thus: all that is unjust is persuaded to men unjustly; Christ did not persuade us unjustly; therefore He did not persuade us to do unjust things. From the a.s.sumption of the antecedent thus: all injustice is persuaded to men unjustly: Christ persuaded a certain injustice to man, therefore He persuaded unjustly.

XIII.--And if the Roman empire did not exist by right, the sin of Adam was not punished in Christ. This is false, therefore its contradictory is true. The falsehood of the consequent is seen thus. Since by the sin of Adam we were all sinners, as the Apostle says:--"Wherefore, as by one man sin entered into the world, and death by sin, and so death pa.s.sed upon all men, for that all have sinned,"--then, if Christ had not made satisfaction for Adam's sin by his death, we should still by our depraved nature be the children of wrath. But this is not so, for Paul, speaking of the Father in his Epistle to the Ephesians, says: "Having predestinated us unto the adoption of children by Jesus Christ to Himself, according to the good pleasure of His will, to the praise of the glory of His grace, wherein He hath made us accepted in the beloved, in whom we have redemption by His blood, the forgiveness of sins according to the riches of His grace, wherein He has abounded towards us." And Christ Himself, suffering in Himself the punishment, says in St. John: "It is finished;" for where a thing is finished, naught remains to be done.

It is convenient that it should be understood that punishment is not merely penalty inflicted on him who has done wrong, but that penalty inflicted by one who has penal jurisdiction. And therefore a penalty should not be called punishment, but rather injury, except where it is inflicted by the sentence of a regular judge.[274] Therefore the Israelites said unto Moses: "Who made thee a judge over us?"

[Footnote 274: "_Ab ordinario judice._"]

If, therefore, Christ had not suffered by the sentence of a regular judge, the penalty would not properly have been punishment; and none could be a regular judge who had not jurisdiction over all mankind; for all mankind was punished in the flesh of Christ, who "hath borne our griefs and carried our sorrows," as saith the Prophet Isaiah. And if the Roman empire had not existed by right, Tiberius Caesar, whose vicar was Pontius Pilate, would not have had jurisdiction over all mankind. It was for this reason that Herod, not knowing what he did, like Caiaphas, when he spoke truly of the decree of heaven, sent Christ to Pilate to be judged, as Luke relates in his gospel. For Herod was not the vicegerent of Tiberius, under the standard of the eagle, or the standard of the Senate; but only a king, with one particular kingdom given him by Tiberius, and ruling the kingdom committed to his charge under Tiberius.

Let them cease, then, to insult the Roman empire, who pretend that they are the sons of the Church; when they see that Christ, the bridegroom of the Church, sanctioned the Roman empire at the beginning and at the end of His warfare on earth. And now I think that I have made it sufficiently clear that it was by right that the Romans acquired to themselves the empire of the world.

Oh happy people, oh Ausonia, how glorious hadst thou been, if either he, that weakener of thine empire, had never been born, or if his own pious intention had never deceived him?[275]

[Footnote 275: Constantine the Great.--(W.)]

BOOK III.

I.--"He hath shut the lions' mouths and they have not hurt me, forasmuch as before Him justice was found in me."[276] At the beginning of this work I proposed to examine into three questions, according as the subject-matter would permit me. Concerning the two first questions our inquiry, as I think, has been sufficiently accomplished in the preceding books. It remains to treat of the third question; and, perchance, it may arouse a certain amount of indignation against me, for the truth of it cannot appear without causing shame to certain men. But seeing that truth from its changeless throne appeals to me--that Solomon too, entering on the forest of his proverbs, teaches me in his own person "to meditate on truth, to hate the wicked;"[277] seeing that the Philosopher, my instructor in morals, bids me, for the sake of truth, to put aside what is dearest;[278] I will, therefore, take confidence from the words of Daniel in which the power of G.o.d, the shield of the defenders of truth, is set forth, and, according to the exhortation of St.

Paul, "putting on the breast-plate of faith," and in the heat of that coal which one of the seraphim had taken from off the altar, and laid on the lips of Isaiah, I will enter on the present contest, and, by the arm of Him who delivered us by His blood from the powers of darkness, drive out from the lists the wicked and the liar, in the sight of all the world. Why should I fear, when the Spirit, which is co-eternal with the Father and the Son, saith by the mouth of David: "The righteous shall be had in everlasting remembrance, he shall not be afraid of evil tidings"?[279]

[Footnote 276: Dan. vi. 22. Vulg.--(W.)]

[Footnote 277: Prov. vii. 7. Vulg.--(W.)]

[Footnote 278: Arist. _Eth._ i. 4.--(W.)]