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profit, and regards not the interest of another, is more greedy of a full purse than of a holy conscience, and prefers gain before justice, and the wealth of his private before the necessity of public society and commerce,-being a son of earth, whose centre is itself, without relation to heaven, that moves upon another's point, and produces flowers for others, and sends influence upon all the world, and receives nothing in return but a cloud of perfume, or the smell of a fat sacrifice.
God sent justice into the world, that all conditions, in their several proportions, should be equal ; and he that receives a good, should pay one; and he whom I serve, is obliged to feed and to defend me in the same proportions as I serve ; and justice is a relative term, and supposes two persons obliged; and though fortunes are unequal, and estates are in majority and subordination, and men are wise or foolish, honoured or despised, yet in the intercourses of justice God hath made that there is no difference. And therefore it was esteemed ignoble to dismiss a servant, when corn was dear; in dangers of shipwreck, to throw out an unprofitable boy, and keep a fair horse; or for a wise man to snatch a plank from a drowning fool; or if the master of the ship should challenge the board, upon which his passenger swims for his life; or to obtrude false monies upon others, which we first took for true, but at last discovered to be false; or not to discover the gold, which the merchant sold for alchymy. The reason of all these is, because the collateral advantages are not at all to be considered in matter of rights; and though I am dearest to myself, as my neighbour is to himself, yet it is necessary that I permit him to his own advantages, as I desire to be permitted to mine. Now, therefore, simplicity and ingenuity in all contracts is perfectly and exactly necessary, because its contrary destroys that equality which justice hath placed in the affairs of men, and makes all things private, and makes a man dearer to himself, and to be preferred before kings and republics, and churches; it destroys society, and it makes multitudes of men to be but like herds of beasts, without proper instruments of exchange, and securities of possession; without faith, and without propriety; concerning all which there is no other account to be given, but that the rewards of craft are but a little money, and a great deal of dishonour, and much suspicion, and proportionable scorn; watches and
guards, spies and jealousies, are his portion. But the crown of justice is a fair life, and a clear reputation, and an inheritance there where justice dwells since she left the earth, even ‘in the kingdom of the Just,' who shall call us to judgment for every word, and render to every man according to his works.' And what is the hope of the hypocrite, though he hath gained, when the Lord taketh away his soul? “Tollendum est ex rebus contrahendis omne mendaciumf;" that is the sum of this rule. •No falsehood or deceit is to be endured in any contract.'
5. Christian simplicity hath also its necessity, and passes obligation upon us towards enemies, in questions of law or
Plutarch commends Lysander and Philopæmen for their craft and subtlety in war; but commends it not as an ornament to their manners, but that which had influence into prosperous events: just as Ammianus affirms, “ Nullo discrimine virtutis ac doli, prosperos omnes laudari debere bellorum eventus;" “ whatsoever in war is prosperous, men use to commend.” But he that is a good soldier, is not always à good man. Callicratidas was a good man, and followed the old way of downright hostility, απλούν και γενναίον των ηγεμόνων τρόπον. But Lysander was πανούργος, και σοφιστής απάταις διαTrosxíawv Tà toŨ TONémov, 'a crafty man, full of plots, but not noble in the conduct of his arms 5.' I remember Euripides brings in Achilles, commending the ingenuity of his breeding, and the simplicity and nobleness of his heart:
Εγώ δ' εξ ανδρός ευσεβεστάτου τραφείς,
Χείρωνος, έμαθον τους τρόπους απλούς έχειν» “ The good old man, Chiron, was my tutor, and he taught me to use simplicity and honesty in all my mannersh.” It was well and noble.—But yet some wise men do not condemn all soldiers, that use to get victories by deceit: St. Austin allows it to be lawful; and St. Chrysostom commends it. These good men supposed that a crafty victory was better than a bloody war; and certainly so it is, if the power gotten by craft be not exercised in blood. But this business, as to the case of conscience, will quickly be determined. Enemies are no persons bound by contract and society, and therefore are i Cic. Off. iii. 13. 5. Heusing.
& In Lysand.
not obliged to open hostilities and ingenuous prosecutions of the war; and if it be lawful to take by violence, it is not unjust to take the same thing by craft. But this is so to be understood, that, where there is an obligation, either by the law of nations or by special contracts, no man dare to violate his faith or honour, but in these things deal with an ingenuity equal to the truth of peaceful promises, and acts of favour, and endearment to our relatives. Josephus tells of the sons of Herod, that in their enmities with their uncle Pheroras, and Salome, they had disagreeing manners of prosecution, as they had disagreeing heartsk: some railed openly, and thought their enmity the more honest, because it was not concealed ; but, by the ignorance and rude untutored malice, lay open to the close designs of the elder brood of foxes. In this, because it was a particular and private quarrel, there is no rule of conscience, but that it be wholly laid aside, and appeased with charity; for the openness of the quarrel was but the rage and indiscretion of the malice; and the close design, was but the craft and advantage of the malice. But in just wars, on that side where a competent authority, and a just cause, warrants the arms, and turns the active opposition into the excuse and license of defence, there is no restraint upon the actions and words of men in the matter of sincerity, but that the laws of nations be strictly pursued, and all parties, promises, and contracts, observed religiously, and by the proportion of a private and Christian ingenuity. We find it by wise and good men mentioned, with honour, that the Romans threw bread from the besieged capitol into the stations of the Gauls, that they might think them full of corn; and that Agesilaus discouraged the enemies, by causing his own men to wear crowns, in token of a naval victory gotten by Pisander, who yet was at that time destroyed by Conon; and that Flaccus said the city was taken by Æmilius ; and that Joshua dissembled a flight at Ai; and the consul, Quinctius, told aloud that the left wing of the enemies was fled, and that made the right wing fly; and that Valerius Lævinus bragged prudently that he had killed Pyrrhus; and that others use the ensigns of enemies' colours and garments. Concerning which sort of actions and words, Agesilaus, in Plutarch', said, ou móvov Tò
Rualdi, tom. i. p. 600.
k Hist. lib. xvi. c. 6. VOL. VI.
δίκαιον, αλλά και δόξα πολλή, και το μεθ' ηδονής κερδαίνειν ένεστι, «It is just and pleasant, profitable and glorious.” But to call a parley, and fall in upon the men that treat; to swear a peace, and watch advantage; to entertain heralds, and then to torment them, to get from them notices of their party ; these are such actions which are dishonourable and unjust, condemned by the laws of nations, and essential justice, and by all the world. And the Hungarian army was destroyed by a Divine judgment, at the prayer and appeal of the Mahometan enemy, for their violating their faith and honour, and profaning the name of Christ, by using it in a solemn oath to deceive their enemies : Το μεν σπεισάμενον αδικείν, των θεών εστι nata@goveīve • This is to despise God, when men first swear by him, and then violate their oaths or leagues, their treaties or promises.' In other cases liberty hath been taken by all men, and it is reproved by no man, since the first simplicity of fighting and downright blows did cease, by the better instructed people of the world, which was, as is usually computed, about the end of the second Carthaginian war. Since that time, some few persons have been found so noble as to scorn to steal a victory, but had rather have the glory of a sharp sword than of a sharp wit.
But their fighting-gallantry is extrinsical to the question of lawful or unlawful.
6. Thus we see how far the laws of ingenuity and Christian simplicity have put fetters upon our words and actions, and directed them in the paths of truth and nobleness; and the first degrees of permission of simulation are in the arts of war, and the cases of just hostility. But here it is usually inquired, Whether it be lawful to tell a lie or dissemble, to save a good man's life, or to do him a great benefit?-a question which St. Austin was much troubled withal, affirming it to be of the greatest difficulty; for he saw, generally, all the doctors before his time allowed it; and of all the fathers, no man is noted to have reproved it but St. Austin alone, and he also, as his manner is, with some variety : those which followed him, are to be accounted upon his score. And it relies upon such precedents, which are not lightly to be disallowed. For so Abraham and Isaac told a lie, in the case of their own danger, to Abimelech; so did the Israelitish midwives to Pharaoh, and Rahab concerning the
spies, and David to the king of Gath, and the prophet that anointed Saul, and Elisha to Hazael, and Solomon in the sentence of the stolen child; concerning which Irenæus hath given us a rule, That those whose actions the Scripture hath remarked, and yet not chastised or censured, we are not, without great reason and certain rule, to condemn. But whether his rule can extend to this case, is now to be inquired.
1. It is certain that children may be cozened into goodness, and sick men into health, and passengers in a storm into safety; and the reason of these is,-because not only the end is fair, and charitable, and just, but the means are such which do no injury to the persons, which are to receive benefit; because these are persons who are, either naturally or accidentally, ignorant and incompetent judges of affairs : and if they be also wilful, as such persons most commonly are, there is in art and nature left no way to deal with them, but with innocent, charitable, and artificial deceptions; they are not capable of reason and solid discourses, and therefore either must be exposed to all harms, like lions' whelps, when their nurse and sire are taken in a toil, or else be provided for in ways proportionable to their capacity.
2. Sinners may not be treated with the liberty we take to children and sick persons, because they must serve God with choice and election; and therefore, although a sick man may be cozened into his health, yet a man must not be cozened into his duty; which is no duty at all, or pleasing to God, unless it be voluntary and chosen ; and therefore they are to be treated with arguments proper to move their wills, by the instrument of understanding specially, being persons of perfect faculties, and apt to be moved by the ways of health and of a man. It is an argument of infirmity, that in some cases it is necessary to make pretences; but those pretences are not made legitimate, unless it be by the infirmity of the interested man with whom we do comply. My infirmity cannot make it lawful to make colours and images of things; but the infirmity of him with whom I deal, may be such, that he can be defended or instructed no other way. But sinners that offend God by choice, must have their choice corrected, and their understandings instructed, or else their evil is not cured, nor their state amended.