22 On the merit of laws (1543) CR XI, 630–6
22 On the merit of laws (1543)
CR XI, 630–6
Oration on the merit of laws
It is the custom, on this occasion and in these ceremonies, to say something about the merit of the laws, and it is surely most useful to incite men to respect them. I, too, wish to speak about the same topic, but the more frequently I think about realms, about the management of life and about laws and judgements, which are the nerves of government, peace and discipline, the more difficult it is for me to choose what to say from such a multitude of things. For, first of all, how difficult is it to respond to the belief of Cyclopes and Centaurs, who say, amidst such turmoil of human affairs, that all that we call law and political wisdom is just an empty name, for as long as it is understood that realms are ravaged by force of arms, and ruled by the whims of the mighty. Without mentioning ancient examples, does the ferocity of the Turks care for any laws? They advance as they can, and command the oppressed by force as they wish. One hundred years ago there was a most flourishing school of our laws in Constantinople; now that teaching has been driven far away, and everything is ruled by the nod of one tyrant or of some barbarous ruler.1 Thus, when the world was torn apart by the retinue of Alexander was the voice of laws or political teaching ever heard? Therefore, what place is there for wisdom and for our political art, when everything is governed rather by the fury of tyrants and by the whims of the mighty? For one must not imagine that our art is similar to that of the military, which serves now the enemy, now the citizens, and lends its service to wrongful desires on both sides. This political art, or teaching of law, is a different thing, and it has its place only in a peaceful city, and in a council that adapts its judgements to the precept of justice – just as the authority of laws was intact in Athens as long as Solon was at the head of the city. In Rome, respect for the laws was upheld as long as Augustus lived, but in both places the citizens were oppressed by tyranny soon thereafter, and the laws fell silent. Just as Peisistratus grasped the power while Solon was still alive, soon after Augustus several tyrants raged most cruelly in the state.2 These
1 Constantinople fell to the Ottomans in 1453.
2 Peisistratus came to prominence in a war against Megara, and gathered allies from Athenians dissatisfied with the settlements of Solon (640–558 BC), who had introduced the constitution to Athens in 594 BC. Peisistratus occupied the Acropolis and became Tyrant. After Gaius Julius Caesar Octavianus Augustus (63 BC–14 AD), Rome suffered in succession the neglect, abuse and tyranny of Tiberius, Gaius Caligula and Nero.
examples often induce even great men to believe that our teaching is either of no or of very little use, and indeed Cicero's saying is in their mouths: ‘Amidst weapons the laws are silent’ [For T. Annius Milo II]. Marius said that he did not hear the voice of the laws amidst the battle-signals and the sound of war-trumpets. And Gregory of Nazianzen says of Julian that the prince's will is an unwritten law. I am set to refute this vituperation of our discipline in order to strengthen my own spirit, and perhaps some others. I shall demonstrate that there is and will be a use for this art, even though there are and have been great changes in human affairs, and there will be more, and that we must not reject these studies, but cherish them all the more, so that they be preserved.
Let us first establish that it is a political art, for it was not in vain that God instilled the laws of nature into human minds. He wanted their explanation to be visible in the writings and works of the sages, and He wanted these to be the rule for realms and judgements; it is not without value just because other matters cause disturbances in the government. The medical art is true and taught by divine providence, and beneficial for humankind even though human bodies are not ruled by the precepts of the medical art only, and are often harmed by hidden or sudden causes that cannot be foreseen. In the same way our art is true, shown to humankind by divine providence, and beneficial, even though other matters happen which often curb this wisdom. Now and again realms are torn apart by punishment brought about by fate, or by the rage of the devil, or by the greed of tyrants; at such times political wisdom gives way.
For what place was there for good men, when the thirty tyrants3 held Athens in their power? Since violence often rules, and there are many sudden and unforeseen changes, the Epicureans believe that human affairs are moved by chance, and that each can obtain as much as he is worth in power. We, however, who are educated in God's Church, and know for certain that God is the observer and judge of all of humankind, must know that realms neither originate nor perish by chance. Furthermore, let us sustain ourselves greatly by this consolation: even if God strikes or overturns realms, He nevertheless does not allow His Church to be entirely destroyed. And, in order that it endure, He gives us a home, He preserves
3 In 404 BC, at the end of the Peloponnesian War, Athenian democracy was overturned by Athenians supported by the Spartan general Lysander. They introduced an oligarchic constitution and a commission of thirty which set up a council, abolishing law-courts, exterminating enemies and confiscating their property.
wedlock, procreation, education, contracts, writings and the teaching passed on to us from heaven. Therefore, it will be necessary that there be assemblies joined to laws. There are many times when there is too little place for political wisdom, just as in very fierce storms experienced sailors are overcome. Nevertheless, as long as the Church exists there will be assemblies joined to laws; if these were ruled by the ignorant, without a fixed law, literacy or erudition, what darkness would life be?
But I shall return to the examples above. Solon transmitted laws to the city of Attica [sic], which may not have borne up under all vices, but nevertheless guided contracts and judgements with some humanity, and united the purposes of the citizens. The city used these laws for more than 500 years, until Roman times. Although, in the meantime, the city was set on fire and destroyed in the Persian War, while the citizens were on their ships and they were hiding their wives and children among cliffs by the sea, the Solonic laws were not useless because of that; earlier, in times of peace, these laws had kept up serenity, and some time later they restored the city. Not even the conflagration of the city, although it consumed the wooden tablets [on which the laws were written], could destroy the laws, which had become all the stronger, inscribed in the citizens' hearts. The citizens educated by that instruction would know that barbarous customs must not be permitted, and that one has to fight with joint forces for the defence of freedom, that is, of instruction and of honourable condition. For that reason they desisted from private strife, and upheld harmony among themselves. The laws continued to exist, and their examples could be seen every day in the deeds of Themistocles, Aristides, Cimon and other worthy citizens.4 In this manner, when Rome was taken by the Gauls the state was not destroyed, even though the buildings were set on fire: the virtue and custom of the citizens, based on the laws, survived. These are of assistance and of benefit to the citizens. Even though for some time Nero practised robbery among the citizens, and, suppressing the laws, tore out the eyes of the lawyer Cassius Longinus, and although Bassianus, having murdered his brother, also killed the lawyer Papinianus, who refused to contrive a pretext for absolving him from murder, nevertheless the laws were not abolished in
4 Solon (c. 640-c. 558 BC), aristocrat and statesman who introduced the constitution to Athens. Themistocles (c. 524-c. 459 BC), Athenian statesman and commander achieving military success in the second Persian War. Aristides (d.c. 468 BC), democratic leader of Athens who was one of the strategoi at Marathon. He came into conflict with Themistocles. Cimon (c. 510–450 BC), was an aristocrat and distinguished Athenian commander, and rival of Themistocles. The lives of these people were available in Plutarch's Parallel Lives and Nepos' On Illustrious Men.
general because of these facts.5 God still protected political order in some places so that humankind would not perish utterly; there were some ordinary magistrates somewhere in the provinces who listened to the voice of the laws. Therefore the acknowledgement of the discipline must not be abandoned, even if for some time wars or despotic regimes hinder its use.
Indeed, good minds must fight eagerly for the defence of the true laws, because they see that amidst such human weakness and such disorder their authority is often either neglected or suppressed. God gave humankind the political art, and this teaching, so that as far as possible, they might bend those who can be improved towards justice, and curb wrongful impulses. It is not surprising that those who do not know the causes of this disorder in the realms, and have not learnt from the heavenly teaching how to strengthen their spirit, have always violently hated the realms where rarely the good are leaders. If they are of ordinary ability, but good and wise, nevertheless the quantity and variety of affairs does not allow them to be attentive to everything. The provinces loved the justice and integrity of Pompey;6 when he took with him many rapacious companions, they would nevertheless conceal their wrongdoings out of kindness towards Pompey. From David there are also complaints about his son. In short, it is insanity to demand in one's heart a state without vices or flaws, amidst the weakness of human nature and the great cruelty of the devil.
Just as those who do not know the causes of disorder hate the realms, so they spurn the laws as well when they see that these do not remedy many great ills, and they believe that this entire discipline is useless for life. But heavenly teaching reminds us that much great disorder in life originates, either from the devil or from human negligence or wantonness, and that the madness of all cannot be restrained or set right by the counsels or laws of the rulers. Still, despite these difficulties, the rulers must not desist from their care, nor is their diligence useless, but it restrains or mitigates some ills. The heavenly teaching commands us to invoke God, so that He assist this most difficult task, and reminds us that without God's help that political wisdom is often only dreamt of, and pernicious for the cities. Many who were endowed with the greatest intellects, although they loved their country, nevertheless overturned the state by their counsels, because, relying
5 Cassius Longinus (213–73), a Neoplatonist, was executed for his loyal support for Queen Zenobia by Emperor Aurelian, not Nero. Aemilius Papinianus, a renowned jurist under Marcus Aurelius, was put to death by Bassianus Caracalla when Papinianus refused to defend his parricide.
6 Reading multitudo et for multitudo est; Pompeii for Pompeius and amabant for amabat.
on their wisdom, they set in motion things that were not necessary. Pericles, Demosthenes, Pompey and Cicero are examples of this.7 We err all our lives if we believe that there is prosperous wisdom without God. Let us strengthen ourselves with this consolation, particularly amidst these dangers in the world, and let us be aware that while the entire machine of the world is tottering, and human affairs are tumbling down, nevertheless the ruin is supported by God. Worthy men must exert themselves, each in his place, in order to benefit the common good.
I believe that these things need to be remembered here. For often, when I look at law books, knowing the dangers for Germany, my entire body shudders when I ponder what misfortune would follow if, because of the wars, Germany dismissed this accomplished discipline of law and this ornament of the court. Tyrannies would grow, all erudition would be held in greater contempt, the Church would be neglected even more, and manifold barbarism would ensue. Let us therefore pray to God, first that He grant us peace, and then that He protect these studies. But we shall obtain this even more certainly, if we ourselves honestly employ our judgement for representing the glory of God and for the common good. Let us therefore not be deterred by the dangers, and let us not become disheartened, even if, again and again, pious, moderate and beneficial counsel is prevented by the injustice of men, or by the usual disorder of human affairs. And let us not abandon the occupation of our study, us in particular, if the work of many of our rank in public counsils serves the Church of God as well; and if God preserves the Church, He will also preserve the political arts serving the Church. The art of architecture is not to be abandoned, even if many castles are overthrown, either by the disasters of war, or in other ways. The good arts need to be protected and cherished, and we need to beseech God that He direct our studies and give His Church useful solutions. What did Daniel, Ezra and Nehemiah do when they were in exile? They saw the temple that God had ordered to be built utterly destroyed, and they saw the queen of all cities, to which God had promised sovereignty, razed to the ground, and yet they did not cast aside their studies, broken by despair. Indeed, they both studied and taught their followers with even greater diligence, so that the true teaching of the Church would not perish in exile
7 Pericles (c. 500–429 BC), a statesman who dominated Athens, pursued imperialistic policy which led to the Peloponnesian War. Demosthenes (383–322 BC), statesman and orator, in his famous speeches (the Philippics and the Olynthiacs) urged Athens to take up arms against the threats of Philip of Macedon. Marcus Tullius Cicero (106–43 BC), Roman orator and statesman, was a supporter of Pompey the Great (106–48 BC).
and in the scattering of their people, for they knew that God's Church would not go to ruin. In the same way let us attach our prayers and our hope to God's Church, let us contemplate it and let us cherish our studies by this hope.
This ship carries our discipline, and will carry it without doubt if we strive to embellish the ship. Men of our rank can do very much for the Church if they influence the minds of the rulers by whom they are asked for advice towards care for the protection of pious studies and of arts that are beneficial for humankind. I have said little about the teachers, but, before I finish, this scholarly assembly, too, needs to be warned of its duty. Often, in holy assemblies or in lectures, divine sayings on discipline, good manners and the punishment following the violation of discipline are set before you. And the punishments are before our eyes: the Turks ravage with impunity nearby,8 and the intentions of the princes are divided. Germany is not protected and even wages or prepares a fairly cruel inner war. If all these reasons do not induce you to live more moderately and to take refuge in God, what good can my oration do? What can we say publicly about the merit of the laws in front of those who, like the Cyclopes, care neither for God nor for any laws? I am ashamed to say such things in a university, which should not only listen to, but also cherish the teaching of virtue.
If you deem that God is the maker of things and the judge of our deeds, and you are influenced by the heavenly admonitions, acknowledge Him as the creator of things and as your judge, and obey Him in the duties which He requires by the word of the laws. You can see that the alternating of day and night and of summer and autumn is ordered by God; you all acknowledge that these alternations are fixed. Then why do you doubt the rewards for those who have acted rightly, and the punishments for evildoers? All the impious are overwhelmed by punishment by God's fixed law. Or do you think that it is by chance that the world has already been subjected to the barbarous tyranny of the Turks, unlike any other before? This has not happened by chance at all, but this miserable prison has to restrain and hold in check the madness of men who do not allow their behaviour to be curbed by any laws, and who want to be licensed to practise wantonness as they please, like wild beasts. Oh deplorable negligence of the princes! They should have remedied these ills in order to call the unrestrained crowd back to moderation by the most severe punishments.
8 By 1541 most of Hungary had fallen under Ottoman rule.
Nevertheless, if they do not do this, God in His wrath would oppress these peoples by servitude to the Turks.
But I shall return to the scholars: this entire assembly of your teachers entreats you, and instructs you by divine voice, to worship God, to live with more moderation, and to be mindful, in this matter, both of your own and of the common welfare. For, unless your behaviour becomes more moderate, you will assuredly lose all the good things, namely the light of the teaching about God, the Church, the laws, erudition and all the other embellishments of life. How many good things did Adam lose by his one fall? How long did the pagans live in darkness and with horrid crimes, because their leaders rejected the teaching of the first fathers? Rouse yourselves to piety and moderation by these examples. If you do so, you will not only understand in truth the merit of the laws, but you will also be fortunate in ruling, for God promises His followers wisdom and success. So you understand that the laws are God's word, and that this political order both has been established by God and is protected to some degree by Him, in order that He become known in human society, and that, united by mutual duties, we show proof of our notion of God and of the Son of God, and mutual benevolence, and that we incite each other to virtue by mutual example. For understanding these things there is, as I have said, assuredly the need for some study of virtue, for fear of God and for moderation and diligence in ruling one's behaviour. I have spoken.