obliged to do by the interest of justice and truth. For in these cases, he that speaks, does but minister occasion to him that is mistaken; like him that represents artificial sights before the eyes, or as the rainbow in the clouds is occasion of a popular error, that it is full of colours. 38. (4.) But then this must be so used, that the amphibology or equivocation be not insolent and strange, but such as is usual in forms of witty speech. For then he who uses them, does no more deceive his hearer, than he that speaks obscurely or profoundly is the cause of error in the ignorant people. Thus if Caius promise to pay to Regulus a hundred Attic drachms, he is tied to do it, if he does owe it, else not: for if he owes none, he must pay none, and he did not promise to give him any thing. For if a meaning be clearly contained in the word spoken, it may be made use of to any just and reasonable advantage; especially if that word ought or was likely to have been understood by the concerned hearer. But this may not be done in fraud and to the diminution of any man's rights. Asper buys corn and linen of Camillus, who is newly come from Egypt: they agree together, that Camillus shall receive ten talents; but that he shall give him as a free gift half of it back again; and call the ten talents the just price, and the telling it a just solution. If Asper sells his linen by the proportion of the great price told over, he is a cozener; and uses the words of ́ price,' and ' payment,' and 'gift,' fraudently: the amphibology might have been used to ends of justice and reason, but not of knavery and oppression. 39. (5.) And this must also be upon just cause. For if a magistrate sends to inquire for Titius, and the officers ask an Titius sit domi,' 'if he be at home:' to him we may not answer, Titius non est domi,' 'He does not eat at home;' meaning the word 'est' in a sense less usual, to deceive him in the more common, who ought not to be deceived at all: but to save a man's life from violence and injury it may be done. This way hath been sometimes used to vile persons! Thus Cleomenes, having made truce with his enemies for thirty days, used to plunder his country in the night; and Labeo having agreed to give up half his navy to Antiochus, cut his ships in pieces, and made them good for nothing. The like stories are told of Alexander, of the Locrians, of Otho Moguntius. But it was a barbarous thing of Pericles, who promised safety to the enemy if he would lay aside his iron, that is, their arms, as all the world understood it, and as the nature of the thing did signify: when he had done so, he fell upon the whole body of them, and cut them in pieces, showing for his excuse, the iron buttons that they had upon their coats. Such frauds as these are intolerable in their event, and evil in their cause, and detested by all good and just men. To this purpose I remember a worthy story told by John Chokier, of a Spanish governor of a town in Milan, who kept a noble person prisoner with hard usage, and when his lady came to petition for his liberty, promised to deliver her husband to her, if she would let him lie with her. The poor woman being wearied with his temptation and the evil usage of her husband, consents and suffers it. When the governor had obtained his lust, he would also satisfy his anger too; and kills her husband, and to verify his promise, gives her husband to the lady, but newly murdered. The lady complains of this, and tells her sad story to Gonzaga the Spanish general: he finds it to be truth, and made the lady this amends. He commands the governor to marry the lady, that by his estate she might be recompensed for the dishonour: and then, the same day, causes the governor to lose his head to pay for his dishonourable falsehood and bloody lie. It was a justice worthy of a great prince; and the reward was justly paid to such a cruel equivocation. This was "subdolus congressus," a crafty treaty,' "quo nil turpius," said Antoninus the emperor, "Nothing is baser and more dishonourable than it."-Thus did Darius to the noble Ebazus the father of three brave sons, and Xerxes to Pythius the father of five; they killed what they promised to leave with the father, adding to their cruelty the reproach and scorn of cozenage. A man hath a right to use what words he will, according to the received use; but he must not use them to evil purposes: and a man may go a little from the more common use to that which is rare, so it be within the signification of the word, provided there be just cause; that which hath good in it to some, and no injury to any. 6 40. (6.) There is between lying and equivocation this only difference, that this may upon less necessity and upon more causes be permitted than lying. For provided that these measures now described, which are the negative measures of lying, be observed; if a man speaks doubtful words and intends them in a true sense, he may use his liberty; always provided that he use it with care, and to the reputa tion of Christian simplicity. In arts and sciences, in jest and intercourses of wit, in trial of understandings and mystical teachings, in prudent concealments and arts of secrecy, equivocal words may be used with more freedom. "Solvite templum hoc," says Christ, "Dissolve this temple,” viz. of my body," and I will raise it up in three days."-So did that excellent confessor in Eusebius, to Firmilianus asking of what country he was, he answered, that Jerusalem was his country; "seorsim apud animum suum ita divinitus philosophatus," "privately in his mind speaking divine mysteries," says the historian. This was well and innocent, because an equivocal speech hath a light side as well as a dark: it is true as well as false, and therefore it is, in its own nature, innocent; and is only changed into a fault, when it is against justice and charity, under which simplicity is to be placed. 41. Under these measures are to be reduced those little equivocations which are used sometimes in craft, but most commonly in wit; such as are, to answer by anagrams, so as to tell a true name but disguised by transposition of letters and syllables, or to give the signification of a name in other words. Thus if a man whose name is Dorotheus, calls himself Theodorus,-for Nicolaus, Laonicus,-for Demonicus, Nicodemus; it is an equivocation or an art of deception, but such as may be legitimated by the cause: but if the inquiry be in a serious matter, the answer must be serious and material, true and significative to the purposes of law, and justice, and society. And therefore if Nicodemus had been interrogated by Pilate in a serious cause, he might not have said his name was Demonicus; and the reason is, because he might not have concealed it. But when it is lawful to conceal it if we can, this is a just way of doing it; for it is no lie in itself, and can be made to do or to minister to that good which is intended. Thus in the book of Tobit we find that the angel Raphael called himself Azarias the son of Ananias, which indeed is the name of his office, or the rebus, the meaning of his present employment, that is, 'auxilium 8. lib. Hist. cap. 22. Domini,' 'filius nubis Domini,' the aid of the Lord,' 'son of the Lord's cloud;' meaning that he was sent from the Lord in a cloud or disguise to be an aid and a blessing to that religious family. And he that called Arsinoe "Hpas čov 'Juno's violet,' kept all the letters of the name right, and complimented the lady ingeniously. But these are better effects of wit than ministries of justice; and therefore are not to be used but upon great reasons, and by the former measures, when the matter is of concernment. Question IV. 42. Whether it be lawful by false signs, by actions and pretences of actions, to deceive others for any good end: and in what cases it is so. 43. To this question I answer in the words of Aquinas, because they are reasonable and pious: "Ad virtutem veritatis pertinet, ut quis talem se exhibeat exterius per signa exteriora qualis est; ea autem non solum sunt verba, sed etiam facta:" and a little after; "Non refert autem utrum aliquis mentiatur verbo, vel quocunque alio facto," "It is all one if a man lies, whether it be by word or by deed.”—A man may look a lie, and nod a lie, and smile a lie. 44. But in this there is some variety: for, 1. All dissem bling from an evil principle and to evil purposes is criminal. For thus Tertullian declaims bitterly against those ladies, "who (says he) being taught by the apostate angels,” “oculos circumducto nigrore fucare, et genas mendacio ruboris inficere, et mutare adulterinis coloribus crinem, et expugnare omnem oris et capitis veritatem," "besmear their eyebrows with a black semicircle, and stain their cheeks with a lying red, and change the colour of their hair into an adulterous pretence, and drive away all the ingenuity and truth of their faces."-And Clemens Alexandrinus is as severe against old men, that, with black-lead combs, put a lie upon their heads; and so disgrace their old age, which ought to be relied upon, believed, and reverenced for truth. And it was well said of Archidamus to a man of Chios who did stain his white hairs with black and the imagery of youth, "the man was hardly to be believed, when he had a lie in his heart, and bore a lie upon his head."-These things proceeding from pride and Lib. de Discipl. et Habitu Virg. 2. 2x. q. 3. art. 1. vanity, and ministering to lust, or carried on with scandal, are not only against humility and sobriety and chastity and charity, but against truth too; because they are done with a purpose to deceive, and by deceit to serve those evil ends. To the same purpose was the fact of them, of whom Dio Chrysostom speaks', who knowing that men were in love with old manuscripts, would put new ones into heaps of corn and make them look like old: such also are they who, in Holland, lately would exactly counterfeit old medals, to get a treble price beyond the value of the metal and the imagery. These things and all of the like nature are certainly unlawful, because they are against justice and charity. 45. (2.) But there are other kinds of counterfeits, such as are gildings of wood and brass, false stones, counterfeit diamonds, glass depicted like emeralds and rubies, a crust of marble drawn over a building of coarse stone *; these are only for beauty and ornament, and of themselves minister to no evil, but are pleasant and useful: now though to sell these images of beauty for real be a great cheat; yet to expose them to be seen as such, and every man be left to his liberty of thinking as he please, and being pleased as he can, is very innocent. 46. (3.) There is a third sort of lying or deceiving by signs not vocal: that is, the dissembling of a passion, such as that of which Seneca' complains in the matter of grief, which is the simplest of all passions; but pretended by some without truth to purposes not good. "Quotusquisque sibi tristis est? clarius, cum audiuntur, gemunt: et taciti quietique, dum secretum est; cum aliquos viderint, in fletus novos excitantur."-So did Gellia in the epigram, Amissum non flet, cum sola est, Gellia patrem : Si quis adest, jussæ prosiliunt lacrimæ m. They are full of tears in company, but in their retirements, pleased well enough. Now things of this nature are indifferent; but are good or bad according to the cause or the design. "Mourn for the dead," saith Ben Sirach, "and that a day or two, lest thou be evil spoken of."-That end is honest; and therefore to mourn in solemnity is good, if we can 1 Orat. 21. * Vide Senecam Epist. 115. §. 8, 9. Rabkopf. vol. 3. p. 365. 1 Epist. 99. §. 15. Rubkopf, vol. 3. p. 258. Martial. i. 34. |