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Upon
leafing through Anthony's Sermones, it is surprising
to note that Saint Anthony spoke very little about
human laws. He points out their insufficiency and ambiguity,
painting an extremely negative picture of the justice of
his day, both of the form of institutional knowledge and,
even more, of the juridical profession in general, as will
be later illustrated.
Anthony shows in this work a certain loss of trust in the
civic political organisation and an even greater pessimism
about the administration of justice in the courts, where,
he observes "plots of the powerful against the miserable,
cruel sentences given to the poor, who cry innocent
tears and have no one to sustain them."
It
is this arrogance of the strong, this contempt for the poor
and their suffering that makes our Saint indignant.
Pettifogging craftiness degenerates the law, which rather
than serving as protection of the person and his indefeasible
rights, is easily surrendered to selfish ends and private
interests. The only law which Anthony gives full credit
is divine law: that which was impressed in human nature
by the creator and that which was positively formulated, first
of all in the revelation of the Ten Commandments, and which
was lifted to its final perfection by Christ during his talk
on the Mount. In his eyes, only this is the fundamental
norm of practice, able to deliver man to true justice.
Law
and all of civil and canonical legislation can, without
a doubt, have great value, in so much as by ordering
social and ecclesiastic relationships they are a means
that help man to live by divine law, easing the practice
of evangelical justice. Saint Anthony, however, observes with
regret that in the Church and the society of the time,
justice had come to have a relevance and deadly primacy
as compared to the pure law of the Gospel, of an authentic
life of piety and charity that should animate the societas
christiana. "In the curiae of the bishops they resound
Justinian law, not that of Christ; those impious ones tell
fables, not your law, oh Lord, which has become forsaken and
hated."
From
that "adulterine" predominance of law in the heart
of the Church itself, and, therefore, in the most highly qualified
seats of ecclesiastical and pastoral institutions, Anthony
realised, with pained astonishment, the contortion of values
and of the legal system that derived from the practices of
the ecclesiastical system. In that system, if a pastor
of the Church committed an infraction against a papal decree
he was immediately accused, taken to court, proved guilty
and removed from office. "If, however, he commits a serious
wrong against the Gospel of Christ, which he is required to
observe above all other things, no one accuses him, no one
reproves him."
With
the critical liberty of the prophet, the follower of Francis
reproved even more bitterly the monks and religious, who
are no less guilty than the prelates of eluding the law of
the Gospel in the name of their monastic constitutions and
traditions, or of following their own fleeting and empty worldly
interests.
They
can be found everywhere, he notes, at fairs and in the markets,
intent on buying and selling, on stipulating contracts and
arguing in court, enlisting witnesses, civil lawyers and canonists
to defend transient and useless goods.
Tell me, oh foolish ones, exclaims the Saint with indignant
irony, if in the Bible or in the rules of Benedict or Augustine
something similar is allowed, above all you who have chosen
the way of perfection and so should love your enemies, do
good even for your persecutors, ceding your own rights! These
men show themselves to be obstinately careful and needy about
the material privileges and concessions provided for in their
constitutions, but they are not at all concerned about observing
the law of Christ, which should be preferred above all
other rules, institutions, traditions and other inventions
of man, because only His law can save us.
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