66. In everything,
therefore, good faith is seemly, justice is pleasing, due measure in
equity is delightful. But what shall I say about contracts, and
especially about the sale of land, or agreements, or covenants?
Are there not rules just for the purpose of shutting out all false
deceit, Cic. de
Off. III. 15, § 61. and to make him whose deceit is found out
liable to double punishment? Everywhere, then, does regard for
what is virtuous take the lead; it shuts out deceit, it expels
fraud. Wherefore the prophet David has rightly stated his
judgment in general, saying: “He hath done no evil to his
neighbour.” Ps. xv. [xiv.]
3. Fraud, then,
ought to be wanting not only in contracts, in which the defects of
those things which are for sale are ordered to be recorded (which
contracts, unless the vendor has mentioned the defects, are rendered
void by an action for fraud, although he has conveyed them fully to the
purchaser), but it ought also to be absent in all else. Candour
must be shown, the truth must be made known.