more univerfal and powerful reason; but certainly it is a misfortune: fo that if any one should ask me what remedy? "None," would I fay, " if he was really racked "betwixt thefe two extremes," (fed videat ne quæratur latebra perjurio; "but let him take care that he does "not feek a pretence to cover his perjury") " he could "not do otherwife;" but if he did it without regret, it is a fign his confcience was feared. If there be a perfon to be found of fo tender a confcience as to think fo important a remedy too good for any cure whatfoever, I fhall not like him at all the worse for it. He could not destroy himself more excufably and decently. We cannot do all we would, fo that we are often obliged to commit the protection of our veffels to the conduct of heaven as to a sheet-anchor. To what more juft neceffity does he referve himself? What is lefs poffible for him to do than what he cannot do but at the expence of his faith and his honour? Things which perhaps ought to be dearer to him than his own fafety, and the fafety of his people. Though he fhould with folded arms call only upon God for his affiftance, will he not have reafon to hope that the divine goodness will not refufe the favour of his extraordinary arm to a hand that is fo pure and juft? These are dangerous inftances, rare and weak exceptions to our natural rules, to which there is a neceffity of fubmitting, but with great moderation and circumfpection. No private utility is of fuch importance as to deferve this effort of our confcience, though the public good well deferves it when it is very apparent and very important. Timoleon made a proper atonement for his unnatural action by the tears he shed when he recollected that he had killed the tyrant with the hand of a brother and it ftung his confcience that he : On what condition the fenate of Corinth justified Timoleon when he killed his own brother, had been neceffitated to purchase the public utility at fo great a price as the wounding of his own integrity. Even the fenate, which was by his means delivered from flavery, durft not determine pofitively on an action fo confiderable, which carried two afpects fo important, and fo contrary to each other. But the Syracufans, havCicer. Offic. lib. iii. cap. 29. ing opportunely at that very time, fent to the Corinthians to folicit their protection, and to require of them a general fit to re-establish their city in its former dignity, and to clear Sicily of feveral petty tyrants, by whom it was oppreffed, the fenate deputed Timoleon for that fervice, with this artful declaration, "That if he be"haved well in the government of the Syracufans, they "would from that time pronounce by their decree that "he had killed a tyrant, and on the contrary if he dif "covered an avaricious conduct they would try and condemn him for fratricide, as having killed his own "brother." This whimfical conclufion carries along with it fome excufe, by reafon of the danger of the example, and the importance of fo double-faced an action. And they did well to discharge their own judgment of it, or to fupport it by confiderations of a conditional nature. Timoleon's deportment in his voyage rendered his cause still more clear, fo worthily and virtuously did he demean himself in all refpects. And the good fortune which attended him in the difficulties he had to overcome in this noble tafk, feemed to be put in his way by the Gods, as favourably combining for his juftification. If any man's aim is excufable, this man's is. The fenate of But the profit by the increase of the Diodorus of Sicily, lib. xvi. chap. 19, of Amyot's translation. fcholar Whether faith that is pledged ought ever to give way to private advan tage. fcholar for his docility, and the guide beats the blind man whom he leads by the hand. A fhocking picture of juftice! There are fome rules in philofophy that are both falfe and pufillanimous. The example that is propofed to us for preferring private benefit before the obligation due to faith once given, has not weight enough for the circumftance which they mix with it. Robbers have furprised you, and, after having made you fwear to pay them a fum of money, give you your liberty. It is wrong to say that an honeft man may be quit of his oath without payment, after he is out of their clutches. The cafe is quit otherwife. What fear has once prevailed on me to intend, I am obliged to keep the fame purpose when I am no longer in fear. And though fear only forced my tongue, and not my will, yet am I bound to ftand my word. For my own part, when my tongue has fometimes rafhly out-run my thought, I have however made a confcience of difowning it; were we to act otherwife we would abolish all the right another claims to our promifes. Quafi vero forti viro vis poffit adhiberi. " As "if violence could poffibly operate upon a great heart." The only condition in which private interest can excuse us for the non-performance of a promife is, when we have promifed a thing that is wicked, and in itself unjuft. For the claim of virtue ought to force of any obligation of ours. In what cafe a private man is break his pro authorised mife. to fuperfede the How very deli cate Epamiondas was in the article of justice. I have formerly placed Epaminondas in the first class of excellent men, and do not retract it. To what a pitch did he carry his regard for his private obligation, who never killed a man that he had overcome, who for the inestimable benefit of reftoring the liberty of his country, made confcience of killing a tyrant or his accomplices, without the forms of juftice; and who judged him to be a wicked man, was he ever fo good a fubject, who amongst his enemies, and in battle, fpared not his friend and his hoft! His was a foul of a rich compofition! He matched good nature and humanity, even the Cicer. de Offic. lib. iii. cap. 30, C VOL. III. moft moft delicate in the school of philofophy, with the rudeft and moft violent of all human actions. Was it nature or art that foftened a man of his great courage, high fpirit, and obftinate conftancy, against pain, death, and poverty, to fuch an extreme degree of good nature and complaifance? Dreadful, with fire and fword, he over-ran and fubdued a nation invincible by all others, but himfelf; and yet, in the midst of fuch an expedition, he relaxed when he met his hoft and his friend. Verily he was fit to command in war, who could fuffer himself to be checked with the curb of good nature, in the greateft heat of action, fo inflamed and foaming with rage and flaughter. It fhews an extraordinary greatnefs of mind to mix any idea of justice with fuch actions; but it was only poffible for fuch fteddiness of mind, as was that of Epaminondas, therein to mix good nature and the facility of the gentleft manners and pureft innocence. Whereas one told the Mammertines that ftatutes were. of no force against men in arms; another told the tribune of the people, that there was a time for juftice, and a time for war; a third, that the noife of arms drowned the voice of the law; this man's ears were always open to hear the calls of civility and courtesy. Did he not borrow from his enemies the cuftom of facrificing to the Mufes, when he went to the field of battle, that they might, by their fweetnefs and gaiety of temper, foften his feverity and martial fury? After the example of fo great a mafter, let us not make any sort of doubt that there is fomething unlawful, even against an enemy; that the common caufe ought not to require all things of a man against private intereft: Manente memoria etiam in diffidio publicorum fæderum privati juris. "The "remembrance of private right fubfifting even in the midft of public quarrels." et nulla potentia vires Præftandi, ne quid peccet amicus, habet ‡. The breach of facred friendfhip's folemn ties. Pompey; fee Plutarch's Life of him, ch. 3. ch. 11. Marius, in his Life by Plutarch, ch, 10. Ovid de Ponto, lib. i. epift. 7. ver. 37, Cæfar, in Plutarch, and and that an honeft man is not at liberty to do every thing for the fervice of his king, or of the common caufe, or of the laws. Non enim patria præftat omnibus officiis—et ipfi conducit pios habere cives in parentes. "For the obliga"tion to one's country does not fuperfede every other obli'gation; and it is of importance to itself to have fubjects "that have a veneration for their parents." This is an inftruction proper for the prefent time. We need not harden our courage with this fteel armour: it is enough that our fhoulders are inured to it; it is enough for us to dip our pens in ink, and not in blood. If it be magnanimity, and the effect of an uncommon and fingular valour, to contemn friendship, private obligation, a promise, and kindred, for the public weal, and in obedience to the magiftrate; it is really fufficient to excufe us from it, that this is a greatness of foul which could have no place in the magnanimity of Epaminondas. I abhor the furious exhortations of this other ungo vernable foul. Dum tela micant, non vos pietatis imago When fwords are drawn, let no remains of love Let us deprive those that are naturally mischievous, bloody, and treacherous, of this colour of reafon; let us fet afide this wild extravagant juftice, and stick to inftitutions that are more humane. What great things may not be accomplished by time and example! In an action of the civil war of Cinna, one of Pompey's foldier having inadvertently killed his brother, who was of the contrary party, killed himself on the fpot, as foon he § Cic. de Offic. lib. iii. cap. 23. Julius Cæfar, who, when in an open war against his country, with a defign to fubvert its liberty, cries out, "Dum tela micant," &c. Lucan. lib. vii. ver. 320, &c. § Tacit. Hift. lib. iii. cap. 51. 2 C knew |