After What Manner False Accusers are to Be Punished.
XLIII. Thou shalt therefore cast him out of the congregation as a murderer of his brother. Some time afterwards, if he says that he repents, mortify him with fastings, and afterwards ye shall lay your hands upon him and receive him, but still securing him, that he does not disturb anybody a second time. But if, when he is admitted again, he be alike troublesome, and will not cease to disturb and to quarrel with his brother, spying faults out of a contentious spirit, cast him out as a pernicious person, that he may not lay waste the Church of God. For such a one is the raiser of disturbances in cities; for he, though he be within, does not become the Church, but is a superfluous and vain member, casting a blot, as far as in him lies, on the body of Christ. For if such men as are born with superfluous members of their body, which hang to them as fingers, or excrescences of flesh, cut them away from themselves on account of their indecency, whereby the unseemliness vanishes, and the man recovers his natural good shape by the means of the surgeon; how much more ought you, the pastors of the Church (for the Church is a perfect body, and sound members; of such as believe in God, in the fear of the Lord, and in love), to do the like when there is found in it a superfluous member with wicked designs, and rendering the rest of the body unseemly, and disturbing it with sedition, and war, and evil-speaking; causing fears, disturbances, blots, evil-speaking, accusations, disorders, and doing the like works of the devil, as if he were ordained by the devil to cast a reproach on the Church by calumnies, and mighty disorders, and strife, and division! Such a one, therefore, when he is a second time cast out of the Church, is justly cut off entirely from the congregation of the Lord. And now the Church of the Lord will be more beautiful than it was before, when it had a superfluous, and to itself a disagreeable member. Wherefore henceforward it will be free from blame and reproach, and become clear of such wicked, deceitful, abusive, unmerciful, traitorous persons; of such as are "haters of those that are good, lovers of pleasure," [2787] affecters of vainglory, deceivers, and pretenders to wisdom; of such as make it their business to scatter, or rather utterly to disperse, the lambs of the Lord.
[2760] John vii. 24.
[2761] Luke xii. 57.
[2762] Hist. Susanna.
[2763] Gen. xxxix.
[2764] The mss. read, "the accused."
[2765] Matt. xviii. 15.
[2766] Prov. xiv. 32.
[2767] Matt. xviii. 17.
[2768] Luke iii. 13.
[2769] Matt. ix. 12.
[2770] Isa. xxxv. 3.
[2771] Prov. xiv. 29, LXX.
[2772] Luke xv. 21.
[2773] Ps. li.
[2774] Deut. xvii. 7.
[2775] Lev. xv. 31.
[2776] Deut. i. 17; Lev. xix. 15.
[2777] Ex. xxiii. 3.
[2778] Ex. xxiii. 7, 8.
[2779] Deut. xxvii. 25, xvi. 19.
[2780] Isa. v. 23.
[2781] Isa. v. 20.
[2782] This sentence follows the passage from Isa. v. 23 in most mss. One V. ms. has the order adopted In the text.
[2783] Matt. vii. 2; Luke vi. 37.
[2784] Deut. xix. 19.
[2785] Gen. ix. 6.
[2786] Deut. xix. 13.
[2787] 2 Tim. iii. 3, 4.
Sec. VI.--The Disputes of the Faithful to Be Settled by the Decisions of the Bishop, and the Faithful to Be Reconciled.
Do thou therefore, O bishop, together with thy subordinate clergy, endeavour rightly to divide the word of truth. For the Lord says: "If you walk cross-grained to me, I will walk cross-grained to you." [2788] And elsewhere: "With the holy Thou wilt be holy, and with the perfect man Thou wilt be perfect, and with the froward Thou wilt be froward." [2789] Walk therefore holily, that you may rather appear worthy of praise from the Lord than of complaint from the adversary.
That the Deacon is to Ease the Burden of the Bishops, and to Order the Smaller Matters Himself.
XLIV. Be ye of one mind, O ye bishops, one with another, and be at peace with one another; sympathize with one another, love the brethren, and feed the people with care; with one consent teach those that are under you to be of the same sentiments and to be of the same opinions about the same matters, "that there may be no schisms among you; that ye may be one body and one spirit, perfectly joined together in the same mind and in the same judgment," [2790] according to the appointment of the Lord. And let the deacon refer all things to the bishop, as Christ does to His Father. But let him order such things as he is able by himself, receiving power from the bishop, as the Lord did from His Father the power of creation and of providence. But the weighty matters let the bishop judge; but let the deacon be the bishop's ear, and eye, and mouth, and heart, and soul, that the bishop may not be distracted with many cares, but with such only as are more considerable, as Jethro did appoint for Moses, and his counsel was received. [2791]
That Contentions and Quarrels are Unbecoming Christians.
XLV. It is therefore a noble encomium for a Christian to have no contest with any one; [2792] but if by any management or temptation a contest arises with any one, let him endeavour that it may be composed, though thereby he be obliged to lose somewhat; and let it not come before an heathen tribunal. Nay, indeed, you are not to permit that the rulers of this world should pass sentence against your people; for by them the devil contrives mischief to the servants of God, and occasions a reproach to be cast upon us, as though we had not "one wise man that is able to judge between his brethren," or to decide their controversies.
That Believers Ought Not to Go to Law Before Unbelievers; Nor Ought Any Unbeliever to Be Called for a Witness Against Believers.
XLVI. Let not the heathen therefore know of your differences among one another, nor do you receive unbelievers as witnesses against yourselves, nor be judged by them, nor owe them anything on account of tribute or fear; but "render to Cæsar the things that are Cæsar's, and unto God the things that are God's," [2793] as tribute, taxes, or poll-money, as our Lord by giving a piece of money was freed from disturbance. [2794] Choose therefore rather to suffer harm, and to endeavour after those things that make for peace, not only among the brethren, but also among the unbelievers. For by suffering loss in the affairs of this life, thou wilt be sure not to suffer in the concerns of piety, and wilt live religiously, and according to the command of Christ. [2795] But if brethren have lawsuits one with another, which God forbid, you who are the rulers ought thence to learn that such as these do not do the work of brethren in the Lord, but rather of public enemies; and one of the parties will be found to be mild, gentle, and the child of light; but the other unmerciful, insolent, and covetous. Let him, therefore, who is condemned be rebuked, let him be separated, let him undergo the punishment of his hatred to his brother. Afterwards, when he repents, let him be received; and so, when they have learned prudence, they will ease your judicatures. It is also a duty to forgive each other's trespasses--not the duty of those that judge, but of those that have quarrels; as the Lord determined when I Peter asked Him, "How oft shall my brother sin against me, and I forgive him? Till seven times?" He replied, "I say not unto thee, Until seven times, but until seventy times seven." [2796] For so would our Lord have us to be truly His disciples, and never to have anything against anybody; as, for instance, anger without measure, passion without mercy, covetousness without justice, hatred without reconciliation. Draw by your instruction those who are angry to friendship, and those who are at variance to agreement. For the Lord says: "Blessed are the peacemakers, for they shall be called the children of God." [2797]
That the Judicatures of Christians Ought to Be Held on the Second Day of the Week.
XLVII. Let your judicatures be held on the second day of the week, that if any controversy arise about your sentence, having an interval till the Sabbath, [2798] you may be able to set the controversy right, and to reduce those to peace who have the contests one with another against the Lord's day. Let also the deacons and presbyters be present at your judicatures, to judge without acceptance of persons, as men of God, with righteousness. When, therefore, both the parties are come, according as the law says, [2799] those that have the controversy shall stand severally in the middle of the court; and when you have heard them, give your votes holily, endeavouring to make them both friends before the sentence of the bishop, that judgment against the offender may not go abroad into the world; knowing that he has in the court the Christ of God as conscious of and confirming his judgment. But if any persons are accused by any one, and their fame suffers as if they did not walk uprightly in the Lord, in like manner you shall hear both parties--the accuser and accused; but not with prejudice, nor with hearkening to one part only, but with righteousness, as passing a sentence concerning eternal life or death. For says God: "He shall prosecute that which is right justly." [2800] For he that is justly punished and separated by you is rejected from eternal life and glory; he becomes dishonourable among holy men, and one condemned of God.
That the Same Punishment is Not to Be Inflicted for Every Offence, But Different Punishments for Different Offenders.
XLVIII. Do not pass the same sentence for every sin, but one suitable to each crime, distinguishing all the several sorts of offences with much prudence, the great from the little. Treat a wicked action after one manner, and a wicked word after another; a bare intention still otherwise. So also in the case of a contumely or suspicion. And some thou shalt curb by threatenings alone; some thou shalt punish with fines to the poor; some thou shalt mortify with fastings; and others thou shalt separate according to the greatness of their several crimes. For the law did not allot the same punishment to every offence, but had a different regard to a sin against God, against the priest, against the temple, or against the sacrifice; from a sin against the king, or ruler, or a soldier, or a fellow-subject; and so were the offences different which were against a servant, a possession, or a brute creature. And again, sins were differently rated according as they were against parents and kinsmen, and those differently which were done on purpose from those that happened involuntarily. Accordingly the punishments were different: as death either by crucifixion or by stoning, fines, scourgings, or the suffering the same mischiefs they had done to others. Wherefore do you also allot different penalties to different offences, lest any injustice should happen, and provoke God to indignation. For of what unjust judgment soever you are the instruments, of the same you shall receive the reward from God. "For with what judgment ye judge ye shall be judged." [2801]
What are to Be the Characters of Accusers and Witnesses.
XLIX. When, therefore, you are set down at your tribunal, and the parties are both of them present (for we will not call them brethren until they receive each other in peace), examine diligently concerning those who appear before you; and first concerning the accuser, whether this be the first person he has accused, or whether he has advanced accusations against some others before, and whether this contest and accusation of theirs does not arise from some quarrel, and what sort of life the accuser leads. Yet, though he be of a good conscience, do not give credit to him alone, for that is contrary to the law; but let him have others to join in his testimony, and those of the same course of life. As the law says: "At the mouth of two or three witnesses everything shall be established." [2802] But why did we say that the character of the witnesses was to be inquired after, of what sort it is? Because it frequently happens that two and more testify for mischief, and with joint consent prefer a lie; as did the two elders against Susanna in Babylon, [2803] and the sons of transgressors against Naboth in Samaria, [2804] and the multitude of the Jews against our Lord at Jerusalem, [2805] and against Stephen His first martyr. [2806] Let the witnesses therefore be meek, free from anger, full of equity, kind, prudent, continent, free from wickedness, faithful, religious; for the testimony of such persons is firm on account of their character, and true on account of their mode of life. But as to those of a different character, do not ye receive their testimony, although they seem to agree together in their evidence against the accused; for it is ordained in the law: "Thou shalt not be with a multitude for wickedness; thou shalt not receive a vain report; thou shalt not consent with a multitude to pervert judgment." [2807] You ought also particularly to know him that is accused; what he is in his course and mode of life; whether he have a good report as to his life; whether he has been unblameable; whether he has been zealous in holiness; whether he be a lover of the widows, a lover of the strangers, a lover of the poor, and a lover of the brethren; whether he be not given to filthy lucre; whether he be not an extravagant person, or a spendthrift; whether he be sober, and free from luxury, or a drunkard, or a glutton; whether he be compassionate and charitable.