Chapter XV: The Judgment

Fra Giovanni was led before the Magistrates of the Republic to be judged according to the laws of Viterbo. And one of the Magistrates said to the guards:

"Take his chains off him. For every person accused should appear freely before us."

And Giovanni thought:

"Why does the Judge pronounce words that are not straight?"

And the first of the Magistrates began to question the holy man, and said to him:

"Giovanni, bad man that you are, being thrown in prison by the august clemency of the laws, you have spoken against those laws. You have contrived with wicked men, chained in the same dungeon as yourself, a plot to overthrow the order stablished in this city."

The holy man Giovanni made answer:

"Nay! I but spoke for Justice and Truth. If the laws of the city are agreeable to Justice and Truth, I have not spoken against them. I have only spoken words of loving-kindness. I said:

"'Strive not to destroy force by force. Be peaceable in the midst of wars, to the end the spirit of God may rest on you like a little bird on the top of a poplar in the valley that is flooded by the torrent.' I said, 'Be gentle toward the men of violence.'"

Then the Judge cried out in anger:

"Speak! tell us who are the men of violence."

But the holy man said:

"You are for milking the cow that has given all her milk, and would learn of me more than I know."

However the Judge imposed silence on the holy man, and he said:

"Your tongue has discharged the arrow of your discourse, and its shot was aimed at the Republic. Only it has lighted lower, and turned back upon yourself."

And the holy man said:

"You judge me, not by my acts and my words, which are manifest, but by my motives, which are visible only to God's eye."

And the Judge replied:

"Nay! if we could not see the invisible and were not gods upon earth, how would it be possible for us to judge folk? Do you not know a law has just been passed in Viterbo, which punishes even men's secret thoughts? For the police of cities is for ever being perfected, and the wise Ulpian, who held the rule and the square in the days of Caesar, would be astonished himself, if he could see our rules and squares, improved as they are."

And the Judge said again:

"Giovanni, you have been conspiring in your prison against the common weal."

But the holy man denied having ever conspired against the weal of Viterbo. Then the Judge said:

"The gaoler has given testimony against you."

And the holy man asked the Judge:

"What weight will my testimony have in one scale, when that of the gaoler is in the other?"

The Judge answered:

"Why! yours will kick the beam."

Wherefore the holy man held his peace henceforth.

Then the Judge declared:

"Anon you were talking, and the words you said proved your perfidy. Now you say nothing, and your silence is the avowal of your crime. So you have confessed your guilt twice over."

And the Magistrate they entitled the Accuser rose and said:

"The illustrious city of Viterbo speaks by my voice, and my voice shall be grave and calm, because it is the public voice. And you will think you are listening to a bronze statue speaking, for I make accusation not with my heart and bowels, but with the tables of bronze whereon the Law is inscribed."

And straightway he began to gesticulate furiously and utter a raging torrent of words. And he declaimed the argument of a play, in imitation of Seneca the Tragedian: and this drama was filled full of crimes committed by the holy man Giovanni. And the Accuser represented in succession all the characters of the tragedy. He mimicked the groans of the victims and the voice of Giovanni, the better to strike awe into his audience, who seemed to hear and see Giovanni himself, intoxicated with hate and evildoing. And the Accuser tore his hair and rent his gown and fell back exhausted on his august seat of office.

And the Judge who had questioned the accused before took up the word again and said:

"It is meet a citizen defend this man. For none, so says the law of Viterbo, may be condemned without having been first defended."

Thereupon an Advocate of Viterbo got up on a stool and spoke in these terms:

"If this monk has said and done what is laid to his charge, he is very wicked. But we have no proof that he has spoken and acted in the manner supposed. Moreover, good sirs, had we this proof, it would behove us to consider further the extreme simplicity of the man and the feebleness of his understanding. He was the laughing-stock of the children in the Public Square. He is ignorant; he has done a thousand extravagances. For my own part I believe he is beside himself. What he says is worthless nonsense, and there is nothing sensible he can do. I think he has been frequenting seditious societies; and goes about repeating what he heard there, without understanding a word of it. He is too dull-witted to be punished. Look out for his instructors; it is they are to blame. There are many difficulties in the matter, and the wise man has told us, 'In doubt, refrain from action.'"

Having so said, the Advocate stepped down from his stool. And Brother Giovanni received his death sentence. And he was informed he was to be hanged in the Square where the peasant women come to sell fruit and vegetables and the children to play knucklebones.

Next a very illustrious Doctor of Law, who was one of the Judges, got up and said:

"Giovanni, it behoves you to subscribe consent to the sentence condemning you, for being pronounced in the name of the city, it is pronounced by yourself, inasmuch as you are part and parcel of the city. You have an honourable part in it, as citizen, and I will convince you that you ought to be well content to be strangled by the city's judgment.

"Know this, the satisfaction of the whole comprehends and embraces the satisfaction of the parts, and seeing you are a part--a vile and miserable part, yet still a part--of the noble city of Viterbo, your condemnation which satisfies the community should be no less satisfactory to yourself.

"And I will further prove you that you should rightly consider death doom agreeable and fitting. For there is no other thing so useful and becoming as is the law, which is the just measure of things, and you ought to be pleased to have received this same just and proper measure. In accordance with the rules stablished by Caesar Justinian, you have got your due. Your condemnation is just, and therefore a pleasant and a good thing. But, were it unjust and tainted and contaminated with ignorance and iniquity (which God forbid), still it would be incumbent on you to approve the same.

"For an unjust sentence, when it is pronounced in the prescribed forms of law, participates in the virtue of the said forms and through them continues august, efficacious and of high merit. What it contains of wrong is temporary and of little consequence, and concerns only the particular instance, whereas the good in it derives from the fixity and permanence of the organization of the laws, and therefore is it agreeable to the general dictates of justice. Wherefore Papinian declares it is better to give false judgment than none at all, seeing how men without justice are no better than wild beasts in the woods, whereas by justice is made manifest their nobleness and dignity, as is seen by the example of the Judges of the Areopagus, who were held in special honour among the Athenians. So, seeing it is necessary and profitable to give judgment, and that it is not possible to do so without fault or mistake, it follows that mistake and faultiness are comprised in the excellence of Justice and participate in the said excellence. Accordingly, supposing you deemed your sentence unfair, you should find satisfaction in this unfairness, inasmuch as it is united and amalgamated with fairness, just as tin and copper are fused together to make bronze, which is a precious metal and employed for very noble purposes, in the fashion Pliny describes in his Histories."

The learned Doctor then proceeded to enumerate the conveniencies and advantages which flow from expiation and wash away sin, as the maids every Saturday wash the courtyards of their masters' houses. And he demonstrated to the holy man what a boon it was for him to be condemned to death by the august good pleasure of the Commonwealth of Viterbo, which had granted him judges and a defender. And so soon as the Doctor's eloquence was exhausted and he fell silent, Fra Giovanni was fettered once more and led back to prison.