Wyclif’s Latin works

De ecclesia, chapter 19, part 8

Human judgements against the judgement of God; the good born of the wicked

Loserth pp. 469.1–471.12

¶1469.1–471.12

469et iudiciis prime iusticie. Si enim secundum leges hominum iudex iudicans seculare dominium vel ecclesiasticum officium pro procreato extra matrimonium quem vocat filium populi et illegitimum, quantumcunque predestinatus et habilis fuerit quoad Deum, multo magis iudex iudicans pro prescito quem Deus decrevit inhabilem iniuste iudicat, quia contrarie iusticie legis Dei. Nec valet ficta excusacio qua dicitur quod iudex facit suam diligenciam iudicando secundum suam noticiam, et nisi forent talia iudicia, maius malum contingeret. Nam quoad primum constat quod in talibus ambiguis, utrum iniusta fuerint, debet homo dubium illud dimittere et partem securam eligere. Hoc enim docuerunt Christus et sui apostoli tam scripto quam opere. Et quantum ad secundam partem, patet quod non est peccandum vel venialiter propter aliquod bonum signabile acquirendum vel malum culpe aut pene persone vel perpetuo precavendum. Et ex istis patet veritas conclusionis beati Augustini Epistola XXXVIIª ad Bonifacium quod leges hominum quas sanctus vocat iura civilia communiter sunt iniuste. Nam supposito quod Petrus sit predestinatus, carnaliter illegitimus, vendicans hereditatem vel ecclesiasticum officium, et supposito quod Paulus prescitus sit legitimus, vendicans illud idem beneficium, Petrus tamen habilis et Paulus inhabilis quoad Deum, et sint duo iudices quorum primus iudicet pro Paulo secundum leges hominum allegatas et testificaciones legalis testimonii plane depositas et iudicet secundus iudex pro Petro ex revelacione qua noscit Deum iudicare Petrum habilem ad datum beneficium et Paulum inhabilem, 470et patet quod secundus iudex iudicat iustum iudicium, et per consequens primus iudicando sibi contrarie iudicat secundum faciem et iniustum iudicium; et talis perplexitas est communiter in humano iudicio. Et patet possibilitas casus ex sentencia Augustini super Johannis, Sermone XI°, super illud Johannis III°, 1: Erat homo ex phariseis, ubi notat scripturam Exodi III°, quare Deus signanter dicit: Ego sum Deus Abraham, Deus Isaac, cum Noe, Job, Moyses et alii multi erant patres veteres nominandi, et respondet quod in istis tribus patriarchis qui erant principia generis Hebreorum, Israelitarum et Judeorum figuratum est genus populi christiani. Nam illi tres habuerunt prolem de liberis et ancillis secundum divisionem quadruplicem; et sic est in populo christiano. Nam sicut Abraham genuit ex Sara libera Isaac bonum, sic ex Agar ancilla figurans malos (ut notat Apostolus Galatis IV°, 30) peperit Ysmahelem. Iterum Rebeca uxor Isaac nedum peperit Jacob bonum sed Esau malum tam nomine quam figura, et Jacob de liberis et ancillis peperit duodecim patriarchas. Sic ergo habemus bonos procreatos ex bonis, ut Ysaac de Sara, malos de malis, ut Ysmael de Agar ancilla, malos de bonis, ut Esau de Rebeca, bonos de malis, ut sunt filii Jacob quibus datur hereditas de ancillis. Correspondenter (ut dixi superius) inter christianos quicunque servaverint semen fidei patris nostri Jesu, de quantumcunque malis processerint quoad carnem, de quantumcunque malis sacramenta et legem Dei receperint, si perseveranciam finalem servaverint, sunt finaliter premiandi. 471Ex quibus patet quod natale vicium sanari potest per viam morum tam quoad celeste beneficium quam terrenum, nec dubium quin dimisso affectu primatus vel data prepositura amovibili iuxta testimonium digni operis vel indigni foret melius in ecclesia quam est modo. Leges ergo secundum quas iudicatur contra magis habilem quoad Deum pro minus habili vel indigno sunt omnino iniuste vel, si non sic iudicatur secundum leges illas nec ille sufficiant habilitatem hominis ad talia edocere, stultum foret legibus illis in iudiciis cecis intendere et evidenciam operis quam Deus dedit relinquere.

and the judgements of first justice.1 For if, according to the laws of men, a judge who adjudges a secular lordshipdominium: lordship or an ecclesiastical office in favour of one begotten outside marriage, whom they call a son of the people and illegitimate, [judges unjustly,] however predestinatepredestinatus, -i: the predestinate (sg. "a predestinate [person]") and qualified he may have been with respect to God, much more does a judge who adjudges in favour of a foreknownprescitus, -i: the foreknown [man], whom God has decreed unqualifiedinhabilis: unqualified (to hold office), judge unjustly, since [he judges] contrary to the justice of God’s lawlex dei / lex Christi / lex evangelica: God's law / the law of Christ / the gospel law.2 Nor does the feigned excuse avail by which it is said that the judge does his diligence by judging according to his knowledge, and that, were there not such judgements, a greater evil would happen. For as to the first [part], it is evident that in such ambiguous cases, whether they were unjust, a man ought to leave that doubtful [course] and choose the safe part. For this Christ and his apostles taught, in writing as well as in deed. And as to the second part, it is clear that one is not to sin even venially for the sake of acquiring any signifiablesignabile: signifiable good, or of guarding against an evil of guilt or of punishment, for a person or perpetually.3 And from these things the truth is clear of the conclusion of blessed Augustine in Letter 37 to Boniface, that the laws of men, which the saint calls civil lawsius: right / law, are commonly unjust.4 For supposing that Peter is predestinate, illegitimate according to the flesh, claiming an inheritance or an ecclesiastical office, and supposing that Paul, foreknown, is legitimate, claiming that same benefice, Peter nevertheless qualified and Paul unqualified with respect to God; and let there be two judges, of whom the first judges for Paul according to the laws of men allegedallegare / allegacio: allege / allegation and the testimonies of legal witness plainly deposed, and the second judge judges for Peter from a revelation by which he knows that God judges Peter qualified for the given benefice and Paul unqualified: 470then it is clear that the second judge judges a just judgement, and consequently the first, by judging contrary to him, judges according to the appearance, and an unjust judgement; and such perplexity is common in human judgement.5 And the possibility of the case is clear from the teachingsentencia: CONTEXTUAL: teaching / sentence of Augustine on John, Sermon 11, on that [text] of John 3:1, "There was a man of the Pharisees", where he notes the scripture of Exodus 3, why God expressly says: "I am the God of Abraham, the God of Isaac", although Noe, Job, Moses and many others were old fathers who might have been named; and he answers that in these three patriarchs, who were the beginnings of the race of the Hebrews, the Israelites and the Jews, the race of the christian people is figured.6 For those three had offspring by free women and by bondwomen, according to a fourfold division; and so it is in the christian people. For as Abraham begot of Sara, a free woman, Isaac, who was good, so of Agar, a bondwoman, figuring the wicked (as the Apostle notes, Galatians 4:30), he brought forth Ismael. Again Rebecca, Isaac’s wife, bore not only Jacob, who was good, but Esau, who was wicked in name as well as in figure; and Jacob, of free women and bondwomen, brought forth the twelve patriarchs. So, then, we have the good begotten of the good, as Isaac of Sara; the wicked of the wicked, as Ismael of Agar the bondwoman; the wicked of the good, as Esau of Rebecca; the good of the wicked, as are the sons of Jacob to whom the inheritance is given, [born] of the bondwomen.7 Correspondingly (as I said above), among christians, whoever keep the seed of the faith of our father Jesus, from however wicked [parents] they have proceeded as to the flesh, from however wicked [men] they have received the sacraments and God’s law, if they keep final perseverance, are finally to be rewarded.8 471From which it is clear that the defect of birth can be healed by way of conduct, as to the heavenly benefice as well as the earthly; nor is there doubt that, the affection for primacy being given up, or the office of superiorprepositura: office of superior being given as removable according to the testimony of worthy or unworthy work, it would be better in the churchecclesia: church than it is now.9 The laws, then, according to which judgement is given against one more qualified with respect to God in favour of one less qualified or unworthy, are altogether unjust; or, if judgement is not so given according to those laws, and they do not suffice to teach a man’s qualification for such things, it would be foolish to attend to those laws in blind judgements and to abandon the evidenceevidencia: evidence of work which God has given.10

Notes

  1. 1 The print reads et iudiciis prime iusticie (469.1). The sentence runs on from the previous part: judges very often fail "from the rules and the judgements of first justice". Prima iusticia: the first justice, God’s, against which human judgements are measured. R. Side-note 469.1.
  2. 2 The si clause has no finite verb of its own: iniuste iudicat serves both halves of the comparison, hence "[judges unjustly]". Quem vocat: the subject is the law of men, hence "they call". Filium populi: a child with no acknowledged father, whom human law bars from lordship and office. Habilis is rendered "qualified", the positive of inhabilis (glossary: "unqualified"). After quia contrarie iusticie legis Dei the verb iudicat is understood.
  3. 3 Ficta excusacio has two parts, the judge’s diligence according to his knowledge and the greater evil averted; Wyclif answers each in turn. Partem securam: the safe side in a doubt. Bonum signabile: any good that can be named. Malum culpe aut pene persone vel perpetuo precavendum: persone vel perpetuo is obscure; "personal or perpetual" (perpetue with pene) is possible; translated as printed. R. A in the margin at 469.8: Ficcio.
  4. 4 Augustine, "Letter 37 to Boniface": Loserth says the sentence is not in the letter to Boniface (his Ep. 185, Opp. II, p. 643) but is rather in the letter to Macedonius, Quaedam inter eos iura constituuntur quae appellantur civilia, non quod hinc fiat, ut bene utentes sint (Opp. II, p. 534). The letter to Macedonius is Ep. 153, c. 6, in the modern numbering (PL 33). G. Iura civilia: ius in the sense of law. T. B reads quod veritas and lacks beati (469.19). R. A in the margin at 469.19: Augustinus. Side-note 469.19.
  5. 5 Peter and Paul are the names of a case, not the apostles. Testificaciones legalis testimonii plane depositas: testimonies deposed by witnesses valid in law. Secundum faciem: cf. John 7:24 ("Judge not according to the appearance: but judge just judgment"). Perplexitas: the judge’s dilemma, kin to the perplexus of the glossary. T. AA₁ lack patet (470.1).
  6. 6 Augustine, In Iohannis evangelium tractatus 11, on John 3:1 (Loserth: In Joh. Ev. cap. III, tract. XI, Opp. III, pars II, p. 378). Exodus 3:6 continues "and the God of Jacob". T. Loserth notes that the codices lack et Deus Jacob (470.9), though the three patriarchs follow; translated as printed. C. Super Johannis: on [the gospel of] John (Loserth). Hebreorum, Israelitarum et Judeorum: the three names of the one people, answering to the three patriarchs.
  7. 7 Galatians 4:22–31, the two sons of Abraham; 4:30 "Cast out the bondwoman and her son". The codices read Gal. III; the chapter is Loserth’s correction (470.18). C. Peperit is used of fathers as of mothers, "brought forth". Quibus datur hereditas de ancillis: the sons born of the bondwomen who yet receive the inheritance; de ancillis could also go with hereditas. T. AA₁ lack sic (470.17). R. A in the margin at 470.18: Nota nativitatem bonorum ex malis et econtra. Side-note 470.13.
  8. 8 Patris nostri Jesu: Christ as father of the faithful, as Abraham of his seed. De quantumcunque malis … receperint: the sacraments and God’s law avail though received from wicked ministers. Ut dixi superius: a loose cross-reference; on sacraments from wicked ministers cf. 448 and 464.
  9. 9 Natale vicium: the defect of birth, illegitimacy. Per viam morum: by conduct. Beneficium covers the heavenly benefit and the earthly benefice. Data prepositura amovibili: if the office of superior were granted as removable, on the evidence of the holder’s works. R. A in the margin at 471.1: Conclusio. Side-note 471.4.
  10. 10 Vel, si non sic iudicatur … nec ille sufficiant: the second horn of the dilemma: if the laws do not so judge and cannot teach fitness, to rely on them is folly. Ille is illae, the laws. Intendere here is "attend to", not the thesis sense. T. B reads legibus vel in (471.10). R. After relinquere (471.12) the page foot gives a Bohemian gloss, Jako czynye nassy pravilegiste, which Loserth renders ut faciunt nostri iuris legiste, "as our legists do".
How the Latin of this chapter was established
  • Plate readings; page · reading · note):
    • 469: XXXVIIª
    • 470: et
    • 470: patet
    • 470: III°
    • 470: 1 (x-height old-style arabic 1 (shorter than III capitals), leaf zoomed)
    • 471: foret [NW]
    • 471: melius
    • 471: in
    • 471: iudicatur [NW]