13. Chap. IV.

Some one may perhaps make an objection which, though it was disapproved by you when it was brought forward, I must not pass over, for it has been made by others, viz.: It was not meet that a bishop should be acquitted by trial before a proconsul: as if the bishop had himself procured this trial, and it had not been done by order of the Emperor, to whose care this matter, as one concerning which he was responsible to God, especially belonged. For they themselves had constituted the Emperor the arbiter and judge in this question regarding the surrender of the sacred books, and regarding the schism, by their sending petitions to him, and afterwards appealing to him; and nevertheless they refuse to acquiesce in his decision. If, therefore, he is to be blamed whom the magistrate absolved, though he had not himself applied to that tribunal, how much more worthy of blame are those who desired an earthly king to be the judge of their cause! For if it be not wrong to appeal to the Emperor, it is not wrong to be tried by the Emperor, and consequently not wrong to be tried by him to whom the Emperor refers the case. One of your friends was anxious to make out a ground of complaint on the fact that, in the case of the bishop Felix, one witness was suspended on the rack, and another tortured with pincers. ¹ But was it in the power of Felix to prevent the prosecution of the inquiry with diligence, and even severity, when the case regarding which the advocate was labouring to discover the truth was his own? For what else would such a resistance to investigation have been construed to signify, than a confession of his crime? And yet this proconsul, surrounded with the awe-inspiring voices of heralds, and the blood-stained hands of executioners at his service, would not have condemned one of his peers in absence, who declined to come before his tribunal, if there was any other place where his cause could be disposed of. Or if he had in such circumstances pronounced sentence, he would himself assuredly have suffered the due and just award prescribed by civil law.