Chapter X.
We are warned not only in civil law, but also in the
holy Scriptures, to avoid fraud in every agreement, as is clear from
the example of Joshua and the Gibeonites.
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,
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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.”
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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.
67. The divine Scriptures have plainly
stated (not indeed a legal rule of the lawyers but) the ancient
judgment of the patriarchs on deceit, in that book of the Old Testament
which is ascribed to Joshua the son of Nun. When the report had
gone forth among the various peoples that the sea was dried up at the
crossing of the Hebrews; that water had flowed from the rock; that food
was supplied daily from heaven in quantities large enough for so many
thousands of the people; that the walls of Jericho had fallen at the
sound of the holy trumpets, being overthrown by the noise of the shouts
of the people; also, that the king of Ai was conquered and had been
hung on a tree until the evening; then the Gibeonites, fearing his
strong hand, came with guile, pretending that they were from a land
very far away, and by travelling so long had rent their shoes and worn
out their clothing, of which they showed proofs that it was growing
old. They said, too, that their reason for undergoing so much
labour was their desire to obtain peace and to form friendship with the
Hebrews, and began to ask Joshua to form an alliance with them.
And he, being as yet ignorant of localities, and not knowing anything
of the inhabitants, did not see through their deceit, nor did he
enquire of God, but readily believed them.
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68. So sacred was one’s plighted word
held in those days that no one would believe that others could try to
deceive. Who could find fault with the saints in this, namely,
that they should consider others to have the same feelings as
themselves, and suppose no one would lie because truth was their own
companion? They know not what deceit is, they gladly believe of
others what they themselves are, whilst they cannot suspect others to
be what they themselves are not. Hence Solomon says:
“An innocent man believeth every word.”
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We must not blame his readiness to
believe, but should rather praise his goodness. To know nothing
of aught that may injure another, this is to be innocent. And
although he is cheated by another, still he thinks well of all, for he
thinks there is good faith in all.
69. Induced, therefore, by such considerations to
believe them, he made an agreement, he gave them peace, and formed a
union with them. But when he came to their country and the deceit
was found out,—for though they lived quite close they pretended
to be strangers,—the people of our fathers began to be angry at
having been deceived. Joshua, however, thought the peace they had
made could not be broken (for it had been confirmed by an oath), for
fear that, in punishing the treachery of others, he should be breaking
his own pledge. He made them pay the penalty, however, by forcing
them to undertake the lowest kind of work. The judgment was mild
indeed, but it was a lasting one, for in their duties there abides the
punishment of their ancient cunning,
handed down to this day
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in their hereditary
service.
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Cic.
de
Off.
III. 15, § 61.
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Ps. xv. [xiv.]
3
.
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Josh. ix. 3
ff.
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Prov. xiv. 15
.
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Josh. ix. 27
.