Common Places, Part 2 · Chapter 13 · Section 4
Of Deceipt or Guile.
14 To ſpeake firſt of the word. In Iudg. 3…That which among the Latins is Dolus; that is Deceipt, the Graecians call foreign: ſo that their word and ours is almoſt all one: but the Hebrues call it Mirmah, or Remijah. Further, let vsus vnderſtand that guile is there forbidden, where anie thing lieth ſecret, which is hidden, leaſt the fraud appeare, or be eaſilie ſéene. Wherefore Plautus ſaid; Plautus.Guiles, vnleſſe they be couered by craft, they be no guiles. Thus much as touching the name. Now let vsus come to the definition. A definition of guilt. Seruius.In the Digeſts, De dolo malo, in the firſt lawe, Seruius the lawier thus defined ill guile, or colluſion; namelie, to be a ſubtill inuention or deuiſe to deceiue another, when as one thing is doone, and another feigned. Whereſoeuer therefore there is guile, there is deceit by ſome diſſimulation. It is true in déed, that Labeo, an interpretor of the lawe, Labeo.reprooued the definition brought by Seruius, and that by two reaſons. Whereof one is, that ſometime it may happen, that a man ſhall be beguiled without diſſimulation or colluſion. Wherfore the definition ſhould be more ſtrict, than that which is defined. But this all men account as a fault. The other is; bicauſe otherwhiles ſome by diſſimulation doo ſaue and defend their owne, or other mens, and yet therby doo beguile no man; neither doo they hurt anie man. So then, the definition muſt be applied vntounto other things, beſides that which is defined; which alſo is culpable. For which cauſe he thus defineth it; Another definition of guile.Ill guile, or colluſion, is all maner of craft, deceit, or ſubtiltie doone to beguile, delude, and deceiue others.
Vlpian, in the ſame place, Vlpian.alloweth the opinion of Labeo. But hauing the authoritie of ſo great a clarke, I would ſaie that Labeo did not well, in remoouing diſſimulation from the nature of fraud. And as touching the firſt argument, which he hath, I denie that which he affirmeth; namelie, that men can be circumuented without diſſimulation. For vnleſſe they were wholie without ſenſe, they would not eaſilie be led to take and receiue that, which they manifeſtlie ſée will be hurtfull vntounto them. Wherefore it is neceſſarie, that there be ſome ſhew and colour added; which can by no meanes be doone without diſſimulation. Then, whereas he ſaith, that there be manie, which defend either their owne, or elſe other mens, by diſſimulation: I grant that; but yet I affirme, that the ſame is guile, although it be honeſt dealing: as afterward I will ſhew more plainlie. As touching the nature therefore of guile, it ſéemeth, that faining or diſſimulation is alwaies ioined with it: and for that cauſe, the definition of Seruius pleaſeth me better. Which definition, I my ſelfe neuertheleſſe would rather applie vntounto guile in generall, & not to ill guile or colluſion, as he did, perhaps being led by that reaſon; bicauſe he vnderſtood that deceipt, which ſhould be hurtfull.
Cicero.15 Cicero, in his firſt booke of Offices, affirmeth; that Diſſimulation or faining perteineth chéefelie to the nature of guile. For he writeth that Aquilius, his familiar friend, being demanded what was guile, anſwered; Where one thing is doone, and another thing feigned. Of this mind is Auguſtine, Auguſtine.who in his ſeuenth treatiſe vponupon Iohn, expounding theſe words which Chriſt pronounced of Nathaniel, Iohn. 1, 14.(Behold a true Iſraelite, in whom there is no guile) ſaith; It is then guile, when one thing is doone, and another feigned, &c. And to ſpeake this by the waie, it is eaſilie gathered by this place, that Auguſtine preached his ſermon to the people in Latine; bicauſe the Aphricans vſed the Romane toong, although it were not pure, but in ſome words corrupt. For there Auguſtine admoniſhed the people, that Dolus, which is guile, ſignified not Dolor; that is, Paine: as manie doo corruptlie ſpeake, ſaieng; Dolus illum torquet, that is (as they meant) Griefe dooth vex him: when as they ſhould hauehave ſaid Dolor. To take awaie therfore the ambiguitie of the word, he ſaith, that Dolus, which is guile, ſignifieth faining, and diſſimulation.
And in the ſame place, to expreſſe what guilefull faining ſignifieth; Guile coms of a doublenes of the heart. verſe. 3.he addeth, that it commeth of a doubleneſſe of the heart. He alledgeth the 12. pſalme, in the which place, when mention is made of guilefull men; Dauid ſaith, that they ſpeake diſſemblinglie in their double heart: that is (as he interpreteth it;) In one part of their hart they doo ſée the truth, and perceiue the thing how it is; & in the other they worke diſſimulation, and deceit. But in thoſe (ſaith he) is no guile, who perceiuing themſelues to be ſinners, doo ſo repute themſelues, and doo not diſſemble or boſt of righteouſneſſe; as did the Phariſie, when he praied néere vntounto the Publicane; and as other hypocrites alſo doo. Nathaniel had no guile in him: but not generallie. For euerie man is a lier, Rom. 3, 4. Rom. 7, 18.and (as Paule writeth) There dwelleth no good thing in our fleſh; ſéeing it is altogither full of fraud and guile. It might onelie be ſaid of Chriſt abſolutelie, 1. Pet 2, 22.that He alone was without guile. But (as Dauid ſaith;) They are bleſſed, Pſal. 32, 2.to whom the Lord hath not imputed ſinne, and in whoſe ſpirit there is no guile. For in as much as they be regenerate, (eſpeciallie concerning the ſpirit) that which they doo, they doo it vprightlie and ſimplie: and ſuch a one Chriſt affirmeth that Nathaniel was.
The ſame Auguſtine, in the tenth tome, Auguſtine.in his booke of fiftie homilies, the firſt homilie, expoundeth that which is written by Dauid, in the 34. pſalme; What man is he that liſteth to liue, Pſal. 34, 13.and loueth to ſee good daies? Keepe thy toong from euill, and thy lips that they ſpeake no guile: Then (ſaith he) it is guile, when one thing is cloſe ſhut vp in the breſt, and another is expreſſed, either by word or by déed. As flatterers vſe to doo, which commend ſome, contrarie to that they thinke; thereby either to eate their meate, and drinke their drinke; or elſe, to get ſome other benefit at their hands. And that, Flatterers.which he ſpeaketh of flatterers, may alſo be vnderſtood of enimies & backbiters. But that it becommeth men to deale plainlie and vprightlie, the verie Ethniks ſawe. Wherefore Achilles, in Homer, ſaith; Homer.that he hateth thoſe men, as he hateth death, which ſpeake one thing and thinke another. So then, we thinke, that for the generall definition of guile, there ought to be put, and that not amiſſe, a deuiſe to deceiue a man (when one thing is doone, and another diſſembled.)
16 Now, after this definition, Good guile and euill guile.we muſt adde a diſtinction. For ſome guile is good, and ſome is euill. That we call good, which is not harmefull; & when as it hurteth none, but ſometime profiteth: but euill guile is harmefull, and alwaies hurteth one or other. Theſe parts maie eaſilie be made plaine by examples. Nurſſes doo continuallie vſe good guile towards their little ones, thereby to pleaſe and ſtill them: for with them they both faine and diſſemble manie things. Phyſicians alſo doo after the ſame ſort deceiue them that be ſicke, bicauſe they would recouer them. Yea and Chryſoſtome, in his firſt booke De ſacerdotio, Chryſoſt.writeth, that a certeine Phyſician …o beguiled one that was ſicke of an ague, as in drinking water, he thought he droonke wine. And the ſa…e Chryſoſtome, in the ſame place affirmeth, that he himſelfe vſed a good guile, to deceiue Baſilius, for the taking of a biſhoprike vponupon him; when in no caſe he was minded that waie. 1. Sam. 12, 13.Dauid by this kind of guile eſcaped the hands of the king of the Philiſtines: for he feined himſelfe to be a foole, whereby the king iudged him vnwoorthie to be puniſhed.
But of ill guile there be verie manie examples in the holie ſcriptures: among which is the act of Ehud, which in the booke of Iudges we hauehave interpreted. And that is another alſo, Iudg. 3, 19. Exo. 12, 35.which the Hebrues did, who at their going foorth of Aegypt, deſired to borrowe, both of their neighbours, and alſo of their feiends, pretious garments, golden and ſiluer veſſelles: and yet they minded altogither to rob them of the ſame. To this kind alſo belonged that, 2. Sam. 17, 7which Chuſaie the Arachite did, in deceiuing of Abſalom. And among theſe maie be reckoned that, Gen. 34, 13.which Simeon and Leui committed againſt Hemor, and againſt the Sichemits. I might bring a great manie of examples more, if I would vſe néedleſſe labour in a manifeſt matter.
17 Touching the firſt kind of guile, which is called good and harmeleſſe, no man will contend, but that it is lawfull to vſe the ſame. But of the other kind there is a doubt, whereof if my iudgement ſhould be aſked, I would thinke it beſt to make this anſwer; that We may not vſe euill guile with our fréends. Ill guile is not forbidden againſt enimies.Notwithſtanding, againſt our enimies it is not forbidden; bicauſe it may be in the ſtéed of armour. Wherefore, if it be lawfull to take armes againſt them iuſtlie, it is lawfull alſo to vſe guile, according to the ſaieng of the poet; What matter is it againſt an enimie, whether a man vſe fraud or force? Howbeit, this muſt be conſidered, that we ſpeake onelie of thoſe enimies, which either God himſelfe, Who be verie enimies.or the publike weale, or a iuſt magiſtrate declareth to be enimies; and not of thoſe, which euerie priuate man hateth. Moreouer, I doubt not, but ſéeing it is lawfull to repell violence with violence, when there is no other waie to eſcape; it is alſo lawfull to ſet guile againſt guile. For he, which repelleth violence with violence, as the lawes doo permit, the ſame man is not to be counted a priuate perſon: forſomuch as he is armed by the magiſtrate. So as it is manifeſt, that he dooth not againſt the lawes; but with the lawe. Euen ſo, he that is ſuddenlie oppreſſed, may lawfullie eſcape by euill guile, if he can.
Moreouer, the ſcriptures teach, that this kind of guile is iuſt. Ierom.For Ierom ſaith; and it is written in the Decrées, the 22. cauſe, the ſecond queſtion, 1. Kin. 10, 21the chapter Vtilem, that Iehu did diſſemble honeſtlie with the prieſts of Baal; bicauſe he had not béene able to hauehave killed them all, if he had begoon to put ſome of them to death. Wherefore, to the end that he might gather them all togither, he feined himſelfe to be much more deſirous to worſhip Baal, than Achab was; and by that means he ſlue them all. But this we ought to regard, that they, which are ſo deſtroied by guile, be woorthie of puniſhment, and (as they be commonlie called) are notorious offenders, and ſuch as cannot be puniſhed by ordinarie means. For which cauſe the king of Denmarke is by ſome commended, who through guile deſtroied moſt pernicious théeues, which he could not take. For he fained a warre, and made a proclamation, that as manie as would come, A guile vſed by the king of Denmarke againſt theeues. Auguſtine.ſhould receiue wages of him; and promiſed pardon vntounto the théeues, for the wicked acts which they had before committed. But I (for my part) as I ſhall afterward declare, would not ſo abſolutelie allow theſe kind of examples. Auguſtine (as may be read in the 14. cauſe, queſtion the fift, in the chapter Dixit, and it is a place in his queſtions vponupon Exodus) ſheweth, that the Iſraelits deceiued the Aegyptians, Exo. 12, 35.when they borrowed of them gold and ſiluer veſſelles. And yet the ſame was not to be counted a fault in them, when as yet no man doubted, but that they did it by euill guile.
The ſame father, in the 23. Cauſe, queſtion ſecond, in the chapter Dominus, which is taken out of his queſtions vponupon the booke of Ioſua, Ioſua. 8, 4.rehearſeth the place, wherein it is ſaid, that GOD cōmanded the Hebrues to fight againſt the citie of Haie, by lieng in wait: which without doubt belongeth to guile. Ierom, Ierom.vponupon the 17. chapter of Ezechiel, alledgeth this ſentence, as a worldlie ſaieng; namelie, What matter is it againſt an enimie, whether a man vſe fraud or force? Howbeit, he agréeth therevnto, although he denie, that it can take anie place where an oth is made before. But this I will anon diſcuſſe. Ambroſe, in the 14. Cauſe, queſtion the fourth, permitteth guile or gainefull fraud againſt enimies. And after this manner he interpreteth the place of Deuteronomie, where God gaue the Iewes libertie, to put their monie in vſurie to ſtrangers; Deut. 23, 20.namelie, that where the warre is iuſt, there alſo vſurie maie take place. For the goods of the enimies are ours, and they maie be lawfullie taken from them: and whether it be by fraud, or by violence, it forceth not. There be ſome, which alledge that which is written in the latter epiſtle to the Corinthians, the 12. chapter; 2. Co. 12, 1….When I was craftie, I tooke you with guile. But that maketh nothing to the purpoſe, ſéeing the apoſtle in that place dooth verie manifeſtlie vſe the figure *That is mockerie.Ironia. For he was accuſed, as though he had receiued monie of the Corinthians, by the hands of other, which by himſelfe he refuſed to receiue. Which he ſtraitwaie diſprooued.
But thoſe examples, which we brought firſt, doo manifeſtlie prooue, that it is lawfull to vſe guile, yea & euill guile againſt enimies; namelie, kéeping cloſe our counſelles and actions, and vſing tollerable works and words. The ciuill laws allow of guile againſt enimies.Neither doo the ciuill lawes teach otherwiſe. In the Code De commercijs & mercatoribus, in the lawe Non ſolùm: The emperor decréed, not onelie that no gold ſhould be tranſported vntounto the barbarous nations, which were enimies vntounto the ſtate; but alſo, that ſuch gold, as they had, ſhould be taken from them by ſubtill guile or policie. And in the Digeſts De captiuis poſtliminio reuerſis, in the lawe Nihil intereſt; It is decréed, that captiues, howſoeuer they returned into their countrie againe, ſhould recouer their owne goods and old eſtate, whether they were ſent home againe, or whether they eſcaped by violence or by guile. Although afterward, in the lawe Postliminij, in the Paraph Captinus, it is reſtreined vponupon condition; that If they returne with a mind to tarie at home. For if they ſhould either promiſe, or ſweare vntounto their enimies to returne, they ſhould not enioie the right of returning. Wherefore Attilius Regulus enioied not the benefit, Attilius Regulus.bicauſe he was ſent to Rome, to perſuade the Senate about the exchange of priſoners. Then, forſomuch as he had promiſed, & was minded to returne, he by the lawes might not vſe euill guile.
18 Hereby alſo that appeareth to be true, which a little before was ſaid; that we maie not vſe euill guile againſt our enimie, if there be an oth made betwéene vsus. An oth diſtinguiſhed.And that this maie be the more plainlie vnderſtood, we muſt diſtinguiſh an oth, as the lawiers doo; one auowching, another promiſing: or (as they terme it) the one aſſertiue, and the other promiſſorie. For when we ſweare, either we doo affirme, or elſe denie ſome thing to be, or to hauehave béene; (which we neuer ought to doo with euill guile, by adding an oth:) or elſe we promiſe to performe ſome thing. And forſomuch as faith is to be kept, euen with our enimie, the ſame faith alſo is not to be broken by euill guile. So as, if thoſe things, which we hauehave ſworne vntounto our enimie to kéepe and obſerue, be temporall goods (ſuch as are monie, honour, and life of the bodie) the name of God for theſe things ought not to be prophaned. Wherefore, Dauid, Pſal. 15, 4.in his 15. pſalme, ſaith; He that ſweareth to doo euill, and changeth not. In the Hebrue it is thus written, Niſchhab leharah velo iamir. Which place I knowe that D. Kimhi expoundeth of thoſe, which vow vntounto God certeine ſharpe and hard things, which ſerue to the ſubduing of the fleſh, & change not that which they hauehave promiſed. But the ſentence (me thinketh) ſéemeth more plaine, if it be largelie taken; namelie, of an oth that is hurtfull vntounto vsus, which a good and godlie man will not breake or change.
Ierom.Ierom alſo vponupon Ezechiel, the 17. chapter, is of this opinion. For there the Lord ſaith, that he was verie angrie with Zedechias; verſe. 15.bicauſe he brake the oth which he had made with Nabuchadnezar, king of Babylon. For though the Iewes counted him as an enimie; yet (as Ierom declareth) he was now a friend, when he had by oth promiſed his faith vntounto Zedechias. Séeing it belongeth vntounto friends, one to be faithfull vntounto another: ſo as euill guile ought not there to hauehave béene vſed. Auguſtine.And Auguſtine, in the 32. cauſe, queſtion the firſt, the chapter Noli exiſtimare, writing vntounto Bonifacius, admoniſhed him to kéepe faith euen with his enimie. Ambroſe.Ambroſe alſo, in the 22. cauſe, queſtion the fourth, the chapter Innocens, dooth ſo aduiſe. And the ſame ſentence he hath in his booke De officijs, where he bringeth the example of Ioſua, Ioſua 9, 4.towards the Gabaonites; who, notwithſtanding that he ought to hauehave made the oth void, and of no force; yet, by the conſent of God, he cauſed it to be kept and ratified. Neither ſuffered he the Gabaonites to be ſlaine, whom neuertheleſſe he puniſhed, bicauſe of the guile which they vſed.
But if an oth be giuen for fulfilling of an vniuſt or vngodlie thing, An oth giuen for an vniuſt cauſe muſt be cut off.it muſt wholie be made fruſtrate; bicauſe an oth ought not to be a bond of iniquitie. Neither is it neceſſarie therevnto, that anie man ſhould come before a iudge, to be abſolued of this kind of oth. Which I therefore ſpeake, bicauſe the Pope claimeth this right to himſelfe; namelie, to releaſe ſuch kind of oths, and (as they commonlie ſaie) to diſpenſe with them. As it appéereth in the 15. cauſe, queſtion the ſixt, where Nicholas abſolueth the biſhop of Triers. The Pope cutteth off oths both lawfull and vnlawfull.And his pride and arrogancie hath now at length brought his lawe and power to that paſſe, that he not onelie breaketh vnlawfull oths; but alſo abrogateth iuſt and lawfull oths, when it ſéemeth good to himſelfe. So Pope Zacharie looſed the French men from their oth, wherein they were bound vntounto their king; and he depoſed the king from his kingdome, and placed Pipin in his ſtéed. But this is not to be maruelled at, A prouerbe in the court of Rome.ſéeing it is commonlie ſaid at this daie in the Court of Rome; that It is not méet for kings and great perſonages, but for merchants, to kéepe their oths.
19 So then, if there be an oth made, guile muſt not be vſed; vnleſſe perhaps the one partie, to whom the oth is made, ſhall firſt depart from couenants and conditions: for then the common ſaieng muſt take place; He that breaketh faith, let faith alſo be broken with him. Wherefore Ierom to Nepotianus, Ierom.commendeth the ſaieng of Domitius the Orator, vntounto Philip; Séeing thou accounteſt not me for a Senator, I alſo doo not take thée for a Conſul. But hereof we hauehave teſtimonies alſo in holie ſcriptures. For Paule, in the firſt to the Corinthians, the ſeuenth chapter (as touching faith giuen in matrimonie) writeth; that If an infidell depart, verſe. 15.let him depart, a brother or a ſiſter is not in ſubiection vntounto ſuch: but God hath called vsus in peace. And thoſe things, which are alledged of an oth, I vnderſtand them to be of like force in promiſes and couenants. In which promiſes and couenants I affirme, that iuſt and godlie men ought both to vſe ſimple and plaine words, A ſophiſticall act of the Thracians.and alſo to liue with a good conſcience. The Thracians therfore are iuſtlie and woorthilie condemned, who (after truce had béene made to continue for the ſpace of thirtie daies) robbed & ſpoiled by night, excuſing their act, in that, that their truce was made for the daie, and not for the night. Neither did the legat of the Romans plainlie, A guile of the Romane legat againſt Antiochus.but ſubtilie with Antiochus, who hauing decréed, that ſhe one halfe of the ſhips ſhould be giuen vntounto the Romans, and the other halfe vntounto the king, commanded them all in verie déed to be diuided and cut in ſunder. But he did it, to the end the king might be vtterlie deſtitute of a nauie for the warres. Therefore, whatſoeuer a godlie man will promiſe, he ought déeplie to weigh with him ſelfe before hand, whether he be able to ſtand to his words and promiſes. Ierom.Wherefore Ierom hath written vntounto Celantia; Whatſoeuer thou ſpeakeſt, thinke that thou haſt ſworne it.
20 As touching the end of the queſtion, there remaine certeine doubts to be examined, that the thing maie be the more manifeſt. Firſt, if a man promiſe armor and ſuccour to anie man, for the ſpace of thrée or foure yéeres, and in the meane time hée becommeth a traitour to his countrie, and maketh warre againſt it; whether in this caſe he ought to performe his faith, or elſe by euill guile to breake it? I anſwer, that neither in this caſe, nor in the like, is faith to be kept; ſéeing (as it is euident) a miſchéeuous act happeneth in the meane time, which with a ſafe conſcience we may not aid. And in verie déed, neither euill guile or periurie is here committed. For he, which hath ſworne, is not changed; but he is changed, An oth diſſolueth not former bonds.to whom the oth was made. For oths can plucke away or diminiſh nothing of thoſe bonds, which went before. Séeing then euerie man is bound to the word of God, and to the preſeruation of his countrie, before he take any oth; that which afterward is ſworne, muſt be vnderſtood conditionallie: that if the firſt bonds be kept vnuiolate. The ſame alſo muſt take place in vowes, that be vowed. For although a man vow ſole life; yet, forſomuch as he was before bound to the word of God, wherein it is ſaid, that It is better to marrie, 1. Cor. 7, 9.than to burne: and, They which cannot keepe themſelues chaſt, let them marrie: he dooth not take awaie the firſt bond for the vow, which followeth. Wherefore, if he can not kéepe himſelfe chaſt, or if he burne, he ought (by the commandement of GOD) to marrie. Neither can any oth or vow that happeneth herein, take awaie the power and force of the commandement of God.
Whether faith muſt be kept with Heretiks.21 Another doubt commeth to my remembrance, touching thoſe princes, which hauehave giuen their publike faith and ſafe conduct vntounto heretikes for their comming vntounto Councelles, or to conferences, whether they ought to ſtand to their promiſes; or elſe violating their oth, to kéepe ſtill the heretikes, and to puniſh them. I anſwer, that they ought to kéepe entier and perfect the promiſe made vntounto them. But they ſay; We will eaſilie grant it to be ſinne, when we giuegive our faith for an euill thing: but if, after we hauehave giuen it, we kéepe it, and ſtand to our promiſes, we fall into another gréeuous ſinne; ſéeing we doo not the dutie committed vntounto vsus, neither doo we obeie God. For it is our part (as God hath commanded) to puniſh and to correct heretiks; leaſt they ſhould ſpoile the church, and procéed in mainteining of their peſtiferous doctrine among the godlie. Neither dooth anie man doubt, but that magiſtrats ought to defend the church. So then it ſéemeth, that heretikes ſhould not be let go, when wée once hauehave them in our power.
I anſwer, They which come vntounto princes vponupon ſafe conduct, be not in their power.that this in déed is the office of kings; to repreſſe and kéepe vnderunder heretikes: but that is, when they hauehave them in their power. But if they giuegive them a ſafe conduct to come vntounto them, then can they not ſaie, that they hauehave them in their power: for they came vponupon truſt of the promiſe, and an oth, otherwiſe they would not hauehave come. Wherefore, if there be a promiſe made, it is not lawfull to breake it. And this is the cauſe whie I ſaid before, that I cannot eaſilie allow the act of the king of Denmarke. Neither alſo would I iudge Iehu to be without ſinne, Of Iehu.when he promiſed that he would worſhip Baal, thereby to get all the Baalites togither; vnleſſe peraduenture he knew manifeſtlie, that he was ſtirred vp by God to doo it. But hereof we will intreate a little after. Let them therefore, which defend the councell of Conſtance, ceaſe to laie for their pretenſe, that Iohn Huſſe, with a ſafe conſcience might not be let go; bicauſe it is hainous ſinne in all princes, if they ſuffer heretikes to go frée. For this, which they ſaie, is ſo long true, as the time laſteth that they ſhall be in their power; but when they are come by a ſafe conduct, then are they at libertie: neither are they ſaid to be in the power of thoſe princes, which did call them.
22 Others doubt, Whether promiſe giuen to theeues is to be kept.whether it be lawfull to vſe euill guile againſt théeues; ſo that, if a man happen into their hands, and by an oth made vntounto them, is ſuffered to go home, vponupon condition to gather monie to redéeme himſelfe: whether I ſaie he ought to returne vntounto him with the monie, or (if he cannot get it as he hoped to hauehave doone) to returne without it; eſpeciallie, in caſe he were almoſt aſſured, either to liue in perpetuall ſeruitude, or elſe to be put to a moſt cruell death? I anſwer, that in my iudgement he ought to returne vntounto them; eſpeciallie, ſéeing in this caſe there is no danger, but as touching goods of this world; namelie, of monie, of libertie, and of bodilie life, which are not ſo greatlie to be eſtéemed, as for their ſakes, an oth, or the name of God ſhould be violated. And the verſe of Dauid, before brought, ſerueth well for this purpoſe. And this ſentence is ſo firme and true, that euen an Ethnike (M. Attilius Regulus, Attilius Regulus.I meane) did acknowledge it. For he returned to Carthage, when he knew certeinlie, that either he ſhould be in continuall bondage, or elſe looſe his life; and that moſt cruellie.
Tell me not, that he did fooliſhlie herein. For the Romane lawes (as we hauehave before ſaid) De captiuis & postliminio reuerſis, in the lawe Postliminium, in the Paraph Captiuus, doo ordeine, and religiouſlie decrée, that he ſhould not be counted as returned by the lawe Postliminium, which had promiſed to returne againe. Beſides, the nature of man perſuadeth the ſelfe-ſame thing: for it is ciuill, and delighteth in ſocietie. Wherefore, next vntounto God, and godlineſſe to him-ward, there is nothing, which men ought more to eſtéeme than their faithfulneſſe, which woonderfullie furthereth the ſocietie of men. For without it, it is vnpoſſible for men to liue togither. Moreouer, who will not ſaie, that the monie, libertie, and life of one man, is leſſe to be regarded than it is of manie? For if couenants and promiſes be not kept with thoſe théeues, hence-foorth they will giuegive credit to no man, whom they apprehend. They would ſend home none to their owne houſe, to fetch their ranſome; but either they will kill as manie as they take, or elſe reteine them with them in miſerable and perpetuall bondage. Laſtlie, I thinke it good to giuegive this aduertiſement; that in taking of oths, no ſignes that be added of vniuerſalitie ought to trouble anie man.
What is to be conſidered in a generall oth.As if a man promiſe and ſweare to his fréend, that he will be an helper to him in all things: or if a man promiſe and ſweare vntounto a ſchoole or church, that he will doo and obſerue all things, that they ſhall decrée. For all ſuch kind of ſpéeches (as it appéereth by that, which we hauehave ſaid) are to be vnderſtood with condition, that if the obedience vntounto the word of God be kept. And vndoubtedlie, although that clauſe, through the nature of an oth, be ment alwaies to be added; yet neuertheleſſe it is the dutie of godlie men to expreſſe it, when they be receiued into anie Vniuerſitie, colledge, office, corporation, or fellowſhip: and (according to the cuſtome) are compelled to ſweare to the obſeruation of ſtatutes, lawes, and decrées. It is the ſure waie (I ſaie) by expreſſe words to teſtifie, that they will obſerue all thoſe things; vnleſſe that they ſhall find, that anie of the ſame be againſt the word of God. And of this matter (I thinke) I hauehave now ſpoken ſufficientlie. Ehud practiſed euill guile: I grant, but yet againſt his enimie. Neither dooth the ſcripture make mention of anie oth that was made betwéene him and Eglon the king. And though there had béene an oth; yet had he béene quit of it, ſéeing the motion of God, whereby God opened his will vntounto him, had abrogated the ſame.