4. If you have judgments then as to things pertaining to this life We must always keep in view what causes he is treating of; for public trials are beyond our province, and ought not to be transferred to our disposal; but as to private matters it is allowable to determine without the cognizance of the magistrate. As, then, we do not detract in any degree from the authority of the magistrate by having recourse to arbitration, it is not without good reason that the Apostle enjoins it upon Christians to refrain from resorting to profane, that is, unbelieving judges. And lest they should allege that they were deprived of a better remedy, he directs them to choose out of the Church arbiters, who may settle causes agreeably and equitably. Farther, lest they should allege that they have not a sufficient number of qualified persons, he says that the meanest is competent to discharge this office. There is, therefore, no detracting here from the dignity of the office of magistrates, when he gives orders that their office be committed to contemptible persons, for this (as I have already said) is stated by anticipation, as though he had said: “Even the lowest and meanest among you will discharge this office better than those unbelieving judges to whom you have recourse. So far are you from necessity in this way.”
Chrysostom comes near this interpretation, though he appends to it something additional; for he is of opinion, that the Apostle meant to say, that, even though the Corinthians should find no one among themselves who had sufficient wisdom for judging, they must nevertheless make choice of some, of whatever stamp they were. Ambrose touches neither heaven nor earth. (327) I think I have faithfully brought out the Apostle’s intention — that the lowest among believers was preferred by him to unbelievers, as to capacity of judging. There are some that strike out a quite different meaning, for they understand the word καθιζετε to be in the present tense — You set them to judge, and by those that are least esteemed in the Church they understand profane persons. (328) This, however, is more ingenious than solid, for that were a poor designation of unbelievers. (329) Besides, the form of expression, if you have, would not suit so well with a reproof, for the expression would have required rather to be while you have, for that condition takes away from the force of it. Hence I am the more inclined to think, that a remedy for the evil is here prescribed.
That this statement, however, was taken up wrong by the ancients, appears from a certain passage in Augustine. For in his book — “On the Work of Monks,” where he makes mention of his employments, he declares that among his numerous engagements, the most disagreeable of all was, that he was under the necessity of devoting a part of the day to secular affairs, but that he at the same time endured it patiently, because the Apostle (330) had imposed upon him this necessity. From this passage, and from a certain epistle, it appears that the bishops were accustomed to sit at certain hours to settle disputes, as if the Apostle had been referring to them here. As, however, matters always become worse, there sprang from this error, in process of time, that jurisdiction which the officials of the bishops assume to themselves in money matters. In that ancient custom there are two things that are deserving of reproof — that the bishops were involved in matters that were foreign to their office; and that they wronged God in making his authority and command a pretext for turning aside from their proper calling. The evil, however, was in some degree excusable, but as for the profane custom, which has come to prevail in the Papacy, it were the height of baseness to excuse or defend it.
(327) “ Sainct Ambrose ne touche ne ciel ne terre (cornroe on dit) en l’exposition de ces mots;” — “St. Ambrose touches neither heaven nor earth (as the expression is) in the exposition of these words.” — Our Author’s meaning seems to be that Ambrose hangs in suspense, or gives no decided opinion. — Ed.
(328) “ Les gens profanes et infideles;” — “Profane and unbelieving persons.”
(329) “ Car ce seroit vne facon de parler bien maigre et de peu de grace, d’appeler ainsi les infideles;” — “For it were a very meager and awkward way of speaking, to describe unbelievers in this manner.”
(330) “ Sainct Paul;” — “Saint Paul.”