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xxiv not wish that men should be put to death—nec voluit civiliter judicare nec morte corporis condemnare voluit. It is true that before d'Ailly and the commission at Constance Huss modified this statement, declaring that the suspected heretic should be labored with and instructed and only then, if necessary, punished corporally. As thus modified, the statement started a tumult among those present. And, when Huss went on to say that the priests and scribes who delivered Christ to Pilate had the greater sin, the tumult was repeated. It is possible that Huss was moved by the sufferings he was undergoing to make this modification, but exactly what he meant is not clear.

In his attack against John XXIII's bulls calling for the crusade against Ladislaus, he repudiated the right of a pontiff to call for war against Christians in the absence of a special command from God. He denied the application of the cases of the Old Testament and Sapphira to Christian officials in the ordinary exercise of their authority. Only an express command from above would justify the use of the death penalty. Nor is torture to be applied to Christians. When Christ wished to defend himself against his enemies, he "meekly bore their attacks and did good to his detractors," an example priests should follow. By word and example Christ commended peace—ad pacem ducit verbo et exemplo.

In dealing with Augustine's use of the passage "compel them to come in," Huss affirmed that it is one thing to compel and quite another to exterminate or kill. The death penalty for heretics was never expressly recommended by Augustine, and it is probable that Huss more nearly represented the views and spirit of the African Father than did the Schoolmen and the council of Constance. The armor of the church, Huss insisted, is not carnal but spiritual as set forth in the