Clement of Rome

“ Let the witnesses therefore be meek, free from anger, full of equity, kind, prudent, continent, free from wickedness, faithful, religious; for the testimony of such persons is firm on account of their character, and true on account of their mode of life. But as to those of a different character, do not ye receive their testimony, although they seem to agree together in their evidence against the accused; for it is ordained in the law: “Thou shalt not be with a multitude for wickedness; thou shalt not receive a vain report; thou shalt not consent with a multitude to pervert judgment.” ”

“ That the Same Punishment is Not to Be Inflicted for Every Offence, But Different Punishments for Different Offenders.
XLVIII. Do not pass the same sentence for every sin, but one suitable to each crime, distinguishing all the several sorts of offences with much prudence, the great from the little. Treat a wicked action after one manner, and a wicked word after another; a bare intention still otherwise. So also in the case of a contumely or suspicion. And some thou shalt curb by threatenings alone; some thou shalt punish with fines to the poor; some thou shalt mortify with fastings ”

“ Such a one is a disperser of the sheep, an adversary, an enemy of God, a destroyer of those lambs whose Shepherd was the Lord, and we were the collectors out of various nations and tongues, by much pains and danger, and perpetual labour, by watchings, by fastings, by lyings on the ground, by persecutions, by stripes, by imprisonments, that we might do the will of God, and fill the feast-chamber with guests to sit down at His table, that is, the holy and Catholic Church, with joyful and chosen people, singing hymns and praises to God that has called them by us to life. ”

“ Nay, indeed, you are not to permit that the rulers of this world should pass sentence against your people; for by them the devil contrives mischief to the servants of God, and occasions a reproach to be cast upon us, as though we had not “one wise man that is able to judge between his brethren,” or to decide their controversies. ”

“ We therefore, who have been vouchsafed the favour of being the witnesses of His appearance, together with James the brother of our Lord, and the other seventy-two disciples, and his seven deacons, have heard from the mouth of our Lord Jesus Christ, and by exact knowledge declare “what is the will of God, that good, and acceptable, and perfect will” [39] which is made known to us by Jesus; that none should perish, but that all men with one accord should believe in Him, and send unanimously praise to Him, and thereby live for ever. ”

“ For it may be, that though he had formerly been an offender, yet that he may not be guilty of this crime of which he is accused. Wherefore be exactly cautious about such circumstances, and so render your sentences, when pronounced against the offender convicted, safe and firm. And if, after his separation, he begs pardon, and falls down before the bishop, and acknowledges his fault, receive him. But neither do you suffer a false accuser to go unpunished, that he may not calumniate another who lives well, or encourage some other person to do like him. ”

“ LI. We said before that judgment ought not to be given upon hearing only one of the parties; for if you hear one of them when the other is not there, and so cannot make his defence to the accusation brought against him, and rashly give your votes for condemnation, you will be found guilty of that man’s destruction, and partaker with the false accuser before God, the just Judge. For “as he that holdeth the tail of a dog, so is he that presides at unjust judgment.” ”

“ Wherefore do you also allot different penalties to different offences, lest any injustice should happen, and provoke God to indignation. For of what unjust judgment soever you are the instruments, of the same you shall receive the reward from God. ”

“ And he that is to pass the final decree and suffrage of death against him, lifts up his hands to the sun, and solemnly affirms that he is innocent of the blood of the man. Though they be heathens, and know not the Deity, nor the vengeance which will fall upon men from God on account of those that are justly condemned, they avoid such unjust judgments. ”

“ For so would our Lord have us to be truly His disciples, and never to have anything against anybody; as, for instance, anger without measure, passion without mercy, covetousness without justice, hatred without reconciliation. Draw by your instruction those who are angry to friendship, and those who are at variance to agreement. ”

“ But if any persons are accused by any one, and their fame suffers as if they did not walk uprightly in the Lord, in like manner you shall hear both parties—the accuser and accused; but not with prejudice, nor with hearkening to one part only, but with righteousness, as passing a sentence concerning eternal life or death. ”

“ But if he prays for it upon others, much more let himself be within the same, as a child of light; for he that has it not within himself is not fit to bestow it upon others. Wherefore, before all things, it is our duty to be at peace in our own minds; for he that does not find any disorder in himself will not quarrel with another, but will be peaceable, friendly, gathering the Lord’s people, and a fellow-worker with him, in order to the increasing the number of those that shall be saved in unanimity. ”

“ Nor, to be sure, do ye suffer a person convicted to go off clear, lest another be ensnared in the same crimes. For neither shall a witness of mischiefs be unpunished, nor shall he that offends be without censure. ”

“ But why did we say that the character of the witnesses was to be inquired after, of what sort it is? Because it frequently happens that two and more testify for mischief, and with joint consent prefer a lie ”