How the devil had no justice on his side against man; and why it was, that he seemed to have had it, and why God could have freed man in this way.
Boso. Moreover, I do not see the force of that argument, which we are wont to make use of, that God, in order to save men, was bound, as it were, to try a contest with the devil in justice, before he did in strength, so that, when the devil should put to death that being in whom there was nothing worthy of death, and who was God, he should justly lose his power over sinners; and that, if it were not so, God would have used undue force against the devil, since the devil had a rightful ownership of man, for the devil had not seized man with violence, but man had freely surrendered to him. It is true that this might well enough be said, if the devil or man belonged to any other being than God, or were in the power of any but God. But since neither the devil nor man belong to any but God, and neither can exist without the exertion of Divine power, what cause ought God to try with his own creature (de suo, in suo), or what should he do but punish his servant, who had seduced his fellow-servant to desert their common Lord and come over to himself; who, a traitor, had taken to himself a fugitive; a thief, had taken to himself a fellow-thief, with what he had stolen from his Lord. For when one was stolen from his Lord by the persuasions of the other, both were thieves. For what could be more just than for God to do this? Or, should God, the judge of all, snatch man, thus held, out of the power of him who holds him so unrighteously, either for the purpose of punishing him in some other way than by means of the devil, or of sparing him, what injustice would there be in this? For, though man deserved to be tormented by the devil, yet the devil tormented him unjustly. For man merited punishment, and there was no more suitable way for him to be punished than by that being to whom he had given his consent to sin. But the infliction of punishment was nothing meritorious in the devil; on the other hand, he was even more unrighteous in this, because he was not led to it by a love of justice, but urged on by a malicious impulse. For he did not do this at the command of God, but God's inconceivable wisdom, which happily controls even wickedness, permitted it. And, in my opinion, those who think that the devil has any right in holding man, are brought to this belief by seeing that man is justly exposed to the tormenting of the devil, and that God in justice permits this; and therefore they suppose that the devil rightly inflicts it. For the very same thing, from opposite points of view, is sometimes both just unjust, and hence, by those who do not carefully inspect the matter, is deemed wholly just or wholly unjust. Suppose, for example, that one strikes an innocent person unjustly, and hence justly deserves to beaten himself; if, however, the one who was beaten, though he ought not to avenge himself, yet does strike the person who beat him, then he does it unjustly. And hence this violence on the part of the man who returns the blow is unjust, because he ought not to avenge himself; but as far as he who received the blow is concerned, it is just, for since he gave a blow unjustly, he justly deserves to receive one in return. Therefore, from opposite views, the same action is both just and unjust, for it may chance that one person shall consider it only just, and another only unjust. So also the devil is said to torment men justly, because God in justice permits this, and man in justice suffers it. But when man is said to suffer justly, it is not meant that his just suffering is inflicted by the hand of justice itself, but that he is punished by the just judgment of God. But if that written decree is brought up, which the Apostle says was made against us, and cancelled by the death of Christ; and if any one thinks that it was intended by this decree that the devil, as if under the writing of a sort of compact, should justly demand sin and the punishment of sin, of man, before Christ suffered, as a debt for the first sin to which he tempted man, so that in this way he seems to prove his right over man, I do not by any means think that it is to be so understood. For that writing is not of the devil, because it is called the writing of a decree of the devil, but of God. For by the just judgment of God it was decreed, and, as it were, confirmed by writing, that, since man had sinned, he should not henceforth of himself have the power to avoid sin or the punishment of sin; for the spirit is out-going and not returning (est enim spiritus vadens et non rediens); and he who sins ought not to escape with impunity, unless pity spare the sinner, and deliver and restore him. Wherefore we ought not to believe that, on account of this writing, there can be found any justice on the part of the devil in his tormenting man. In fine, as there is never any injustice in a good angel, so in an evil angel there can be no justice at all. There was no reason, therefore, as respects the devil, why God should not make use of as own power against him for the liberation of man.