Library / Commentary on Joshua, Volume II

After the Wars: Caput XX

Question XI. Whether, against the Asylums of the Christians, Masius spoke prudently enough in this place?

Concerning the asylums of the Christians, Masius wrote thus in this place (p. 302), so that to some [he] seems to speak heretically. His words are: “Posterity — partly from desire of glory and proud arrogance, that [it] might amplify its own majesty; others, by an imprudent opinion of religion — established the right ‘τῆς ἀσυλίας [tēs asylias]’ [of inviolability] at statues, at any temples whatever, at the very cemeteries, at the Bishops [their persons], and I know not where else — [everywhere]. And those asylums, so numerous, would perhaps have some appearance of greater mercy, if [they] had been instituted for the sake of the safety of innocent men. But [the fact] that [they] protect men liable to any disgraceful act — nay, [men] covered over with all crimes — that certainly seems to me [to be] by far most unworthy, and more consonant with Romulus’s institution than with these laws of God. But Innocent [III] excepts public robbers and nocturnal ravagers of fields; namely, so that no one else — however wicked — who has only fled to the asylums [that lie] everywhere at hand, can be given up to punishment. But though [he] has committed a grave and impious crime, [yet] let [him] have impunity in [his] body, at least. Too little clemently, forsooth, was [it] said by God: ‘if anyone kills his neighbor on purpose, thou shalt tear him away from my altar, that he may die.’ Better, indeed, in the Commonwealth — as [people] are now surely disposed — is the sanction [ordinance] of Justinian, [the] Authentica ‘On the mandates of the Prince,’ §. And [it is] not [too little clement] where [it] decrees [that] wicked homicides, adulterers, [and] ravishers of virgins [are] to be dragged from the asylums, and visited with punishments. For who would bear with an even mind [that] God himself be set up [as] the patron and defender of homicide — than which [he] detests no misdeed more? or [that] Princes, whose duty [it] was to restrain criminals with the penalties of death, be the harborers and protectors of criminals? Certainly the matter cries out, [that] those too-indulgent lawgivers, while [they] aimed at the praise of clemency from the impunity of crimes, have exposed all the best and most innocent men to the lust of evildoers; since [there] is no greater enticement to sinning than the hope of impunity — so that now those disgraceful acts, at which nature itself ought to shudder, by the assiduity and habit of sinning, scarcely seem [to be] grave; and [that], by [reason of] the license of offending [granted] by these same [asylums], many think [they] need not even hasten to the asylums, even if [they] have sinned most atrociously; and [that] in vain could Tiberius seem — if he should return from the underworld to [imperial] power — [as one who was] going to take away all asylums.” These [things], and still more besides, Masius [says]; who seems to me, from hatred of crimes and zeal for justice, to say some [things] not prudently and cautiously enough — yet to say nothing at all heretically.

The former [appears] in this: 1. That he judges the institutors of asylums all [to have acted] rashly enough, while [he] indicates [that], in instituting them, no end and cause [was] set forth from those good [reasons] about which [I spoke] in the previous question, but either glory’s desire alone, or superstition — or, as he himself says, “an imprudent opinion of religion.” 2. That he calls “an imprudent opinion of religion” [that] which is most prudent, and strengthened by the best reasons. 3. That he seems to deny [that they were] instituted also for the sake of the safety of innocent men — whereas, among others, this [is] also one cause of them, although not the only [one]. 4. That he so unfavorably interprets and censures Innocent III — as if, besides [the] two kinds of criminals, [Innocent] wished no other criminal to be given up to punishment — whereas nevertheless [Innocent] numbers those three kinds in the chapter “Inter alia, On the immunity of Churches,” and does not deny the others which I touched [on] above (q. 9). 5. That he so exaggerates the impunity of crimes, as if it were altogether established through the Christians’ asylums — whereas nevertheless it belongs only to those who dwell in the asylums, and [only] as long as [they] dwell [there]; which [itself] is also a certain punishment, although a milder [one]. 6. That, while asylums are established [as] other, and otherwise, than the Lord once established [them], he interprets [it] unfavorably — as if God be accused of lesser clemency, or [as if] the founders of asylums wished to seem more clement thereby — whereas God provided only for the state and condition of the Jews, nor then prescribed either laws or privileges for the Christians; and to no founder of asylums did so great an accusation against God, or [a thought] contrary to God, or [any such] thought, come into [his] mind. 7. That he says [that] God and princes are set up, by the asylum-rulers, [as] patrons and protectors either of homicide or of other crimes. Far be it! But [they] are reckoned [to be] patrons and protectors — [patrons] of the wretched, and indeed of those fleeing to them, and openly begging aid from them, and acknowledging their power and authority — for a good end. 8. That [the things] which are the vices or abuses of certain men, he wrongly and perversely turns [back] upon the asylums, and their religion [sanctity]. 9. Finally, that he seems to affirm [that] the political sanction of Justinian [is] better than the canonical sanctions.

But the latter [point] — namely, that [he] nevertheless does not speak heretically — is proved [thus]: 1. Because he does not deny the Ecclesiastical authority, but only disapproves of a certain act [exercise] of this authority. But [one] is not forthwith a heretic, who thinks [that] the application of the most-sacred authority to this or that particular [case] [is] less correct. (See the chapter [on] “some dispensation, absolution, excommunication.”) 2. He seems to wish to censure the abuse of asylums, not the use. For those words of his mean this: “as [people] are now surely disposed. And many think [they] need not even hasten to the asylums, even if [they] have sinned most atrociously.” 3. According to the variety of times and places, [it] can happen that, in such a matter, certain abuses and excessive licenses creep in; and then [it] would seem good to diminish somewhat an immunity of this kind — as even Covarruvias confesses (cited place, n. 4), [and] Gregorius (bk. 13 On the Commonwealth, ch. 23, which is entitled “The abuse of immunity, or of the Asylums of the Church, and [its] remedies”); Oleaster on Num. 35 (the note “for the reform of morals,” p. 85); [and] Tostatus (in this chapter, q. 12), where [Tostatus] explains Masius’s mind, more or less, when he says: “Very many crimes are committed under the pretext of the Church’s immunity. For some, enjoying the immunity of [their clerical] orders, others [enjoying] the immunity of places, commit horrible misdeeds.” And yet the same Masius keeps himself within [due] measure, when he subjoins: “Nor, however, do I say this in order to detract from or tear at the Ecclesiastical liberty. For [it] was reasonable enough, that the immunity of the Churches be greater

(col. 1225)

[…Masius’s words, continued from col. 1224:] of our [Churches] than [that] of the cities in the Old Testament; because the state of our Church is more perfect than [that] of the Old Testament.” And from this abuse were born those restrictions of immunities in England of old — Polydore [Vergil] (bk. 1 of the English History) [being] witness — and likewise in France, as Rebuffus writes (in the proem of the Royal Constitutions, gloss 5, n. 40), [and] Gregorius (cited place, n. 11), & Covarruvias (n. 17).

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Nicolaus Serarius, S.J., “Question XI. Whether, against the Asylums of the Christians, Masius spoke prudently enough in this place?,” in Commentary on Joshua, Volume II, English translation, Mind of the Church, https://mindofthechurch.com/works/serarius-joshua-2/316-question-xi-whether-against-the-asylums-of-the-christian/.

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