10. Matt. X. 36.
POLITICAL WRITINGS 135 sion is made by the divine saying, "A man's foes are those of his own household" ^^—words which one cannot hear without pain; for though a man have sufficient fortitude to endure it with equanimity, and sufficient sagacity to baffle the maUce of a pretended friend, yet if he himself is a good man, he cannot but be greatly pained at the discovery of the perfidy of wicked men, whether they have always been wicked and merely feigned goodness, or have fallen from a better to a malicious disposition. If, then, home, the natural refuge from the ills of life, is itself not safe, what shall we say of the city, which, as it is larger, is so much the more filled with lawsuits civil and criminal, and is neyer free from the fear, if sometimes from the actual outbreak, of disturbing and bloody insurrections and civil wars?
What shall I say of these judgments which men pronounce on men, and which are necessary in communities, whatever outward peace they enjoy? Melancholy and lamentable judgments they are, since the judges are men who cannot discern the consciences of those at their bar, and are therefore frequently compelled to put innocent witnesses to the torture to ascertain the truth regarding the crimes of other men. What shall I say of torture appUed to the accused himself? He is tortured to discover whether he is guilty, so that, though innocent, he suffers most undoubted punishment for crime that is still doubtful, not because it is proved that he committed it, but because it is not ascertained that he did not commit it. Thus the ignorance of the judge frequently involves an innocent person in suffering. And what is still more unendurable—a thing, indeed, to be bewailed, and,
10. Matt. X. 36.
136 ST. AUGUSTINE if that were possible, watered with fountams of tears—is this, that when the judge puts the accused to the question, that he may not unwittingly put an innocent man to death, the result of this lamentable ignorance is that this very person, whom he tortured that he might not condemn him if innocent, is condemned to death both tortured and innocent. For if he has chosen, in obedience to the philosophical instructions to the wise man, to quit this life rather than endure any longer such tortures, he declares that he has committed the crime which in fact he has not committed. And when he has been condemned and put to death, the judge is still in ignorance whether he has put to death an innocent or a guilty person, though he put the accused to the torture for the very purpose of saving himself from condemning the innocent; and consequently he has both tortured an innocent man to discover his innocence and has put him to death without discovering it. K such darkness shrouds social life, will a wise judge take his seat on the bench or no? Beyond question he will. For human society, which he thinks it a wickedness to abandon, constrains him and compels him to this duty. And he thinks it no wickedness that innocent witnesses are tortured regarding the crimes of which other men are accused; or that the accused are put to the torture, so that they are often overcome with anguish, and, though innocent, make false confessions regarding themselves, and are punished; or that, though they be not condemned to die, they often die during, or in consequence of, the torture; or that sometimes the accusers, who perhaps have been prompted by a desire to benefit society by bringing criminals to justice, are themselves condemned through the