Charles Sumner: his complete works, volume 03 (of 20)Sumner, Charles
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Charles Sumner: his complete works, volume 03 (of 20)
Sumner, Charles
Slavery -- United States; Speeches, addresses, etc., American
According to St. Augustine, an unjust law does not appear to be a
law: _Lex esse non videtur quæ justa non fuerit._[206] And the great
Fathers of the Church, while adopting these words, declare openly that
unjust laws are not binding. Sometimes they are called "iniquity," and
not law; sometimes "violences," and not laws.[207] And here again the
conscience of each person is final arbiter. But this lofty principle is
not confined to the Church. Earlier than the Church, a sublime Heathen
announced the same truth. After assailing indignantly that completest
folly which would find the rule of justice in human institutions and
laws, and then asking if the laws of tyrants are just simply because
laws, Cicero declares, that, if edicts of popular assemblies, decrees
of princes, and decisions of judges constitute right, then there may
be a right to rob, a right to commit adultery, a right to set up
forged wills; whereas he does not hesitate to say that pernicious and
pestilent statutes can be no more entitled to the name of law than
robber codes; and he concludes, in words as strong as those of St.
Augustine, that an unjust law is null.[208] A master of philosophy
in early Europe, of intellectual renown, the eloquent Abelard, in
Latin verses addressed to his son, clearly expresses the universal
injunction:--
"Jussa potestatis terrenæ discutienda:
Coelestis tibi mox perficienda scias.
Si quis divinis jubeat contraria jussis,
Te contra Dominum pactio nulla trahat."[209]
[206] De Libero Arbitrio, Lib. I. c. 5. See Thomas Aquinas,
Summa Theologica, 1ma 2dæ, Quæst. XCVI. art. 4; also, Balmez,
Protestantism and Catholicity compared in their Effects on the
Civilization of Europe, Ch. 53.
[207] _Magis iniquitas quam lex, magis violentiæ quam leges._
Thomas Aquinas, Summa Theol., 1ma 2dæ, Quæst. XC. art. 1, XCVI.
art. 4. The supreme duty to God is recognized in a text of St.
Basil, _Obediendum est in quibus mandatum Dei non impeditur_,
quoted by Filmer, Patriarcha, Ch. III. § 3.
The mandates of an earthly power are to be discussed; those of Heaven
must at once be performed; nor should we suffer ourselves to be drawn
by any compact into opposition to God. Such is the rule of morals.
Such, also, by the lips of judges and sages, is the proud declaration
of English law, whence our own is derived. In this conviction, patriots
have braved unjust commands, and martyrs have died.
[208] De Legibus, Lib. I. capp. 15, 16; Lib. II. capp. 5, 6. The
conclusion appears in the dialogue between Cicero and his brother
Quintus.
ARC. Ergo est lex justorum injustorumque distinctio, ad illam
antiquissimam et rerum omnium principem expressa naturam....
"QUINT. Præclare intelligo; nec vero jam aliam esse ullam legem
puto non modo habendam, sed ne appellandam quidem."
Public-domain text, read in full here on John Shaqi.
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