thing is apparent from the authorities cited, particularly in regard to that property which he acquires after his failure, out of which even the delinquent debtor may retain as much as is necessary for his honourable maintenance, according to his station of life- ut non indecore vivat. Do you ask if this rule applies to goods which he possessed at the time of his failure? Such seems to be the judgement of the doctors."
I shall not stop here to show how Lessius, to sanction his maxim, perverts the law that allows bankrupts nothing more than a mere livelihood, and that makes no provision for "honourable maintenance." It is enough to have vindicated Escobar from such an accusation- it is more, indeed, than what I was in duty bound to do. But you, fathers, have not done your duty. It still remains for you to answer the passage of Escobar, whose decisions, by the way, have this advantage, that, being entirely independent of the context and condensed in little articles, they are not liable to your distinctions. I quoted the whole of the passage, in which "bankrupts are permitted to keep their goods, though unjustly acquired, to provide an honourable maintenance for their families"- commenting on which in my letters, I exclaim: "Indeed, father! by what strange kind of charity would you have the ill-gotten property of a bankrupt appropriated to his own use, instead of that of his lawful creditors?" This is the question which must be answered; but it is one that involves you in a sad dilemma, and from which you in vain seek to escape by altering the state of the question, and quoting other passages from Lessius, which have no connection with the subject. I ask you, then: May this maxim of Escobar be followed by bankrupts with a safe conscience, or no? And take care what you say. If you answer, "No," what becomes of your doctor, and your doctrine of probability?
If you say, "Yes," I delate you to the Parliament.
In this predicament I must now leave you, fathers; for my limits will not permit me to overtake your next accusation, which respects homicide. This will serve for my next letter, and the rest will follow.
In the meanwhile, I shall make no remarks on the advertisements which you have tagged to the end of each of your charges, filled as they are with scandalous falsehoods. I mean to answer all these in a separate letter, in which I hope to show the weight due to your calumnies. I am sorry, fathers, that you should have recourse to such desperate resources. The abusive terms which you heap on me will not clear up our disputes, nor will your manifold threats hinder me from defending myself You think you have power and impunity on your side; and I think I have truth and innocence on mine. It is a strange and tedious war when violence attempts to vanquish truth. All the efforts of violence cannot weaken truth, and only serve to give it fresh vigour. All the lights of truth cannot arrest violence, and only serve to exasperate it. When force meets force, the weaker must succumb to the stronger; when argument is opposed to argument, the solid and the convincing triumphs over the empty and the false; but violence and verity can make no impression on each other. Let none suppose, however, that the two are, therefore, equal to each other; for there is this vast difference between them, that violence has only a certain course to run, limited by the appointment of Heaven, which overrules its effects to the glory of the truth which it assails; whereas verity endures forever and eventually triumphs over its enemies, being eternal and almighty as God himself.
LETTER XIII LETTER XIII TO THE REVEREND FATHERS OF THE SOCIETY OF JESUS September 30, 1656 REVEREND FATHERS, I have just seen your last production, in which you have continued your list of Impostures up to the twentieth and intimate that you mean to conclude with this the first part of your accusations against me, and to proceed to the second, in which you are to adopt a new mode of defence, by showing that there are other casuists besides those of your Society who are as lax as yourselves. I now see the precise number of charges to which I have to reply; and as the fourth, to which we have now come, relates to homicide, it may be proper, in answering it, to include the 11th, 13th, 14th, 15th, 16th, 17th, and 18th, which refer to the same subject.
In the present letter, therefore, my object shall be to vindicate the correctness of my quotations from the charges of falsity which you bring against me. But as you have ventured, in your pamphlets, to assert that "the sentiments of your authors on murder are agreeable to the decisions of popes and ecclesiastical laws," you will compel me, in my next letter, to confute a statement at once so unfounded and so injurious to the Church. It is of some importance to show that she is innocent of your corruptions, in order that heretics may be prevented from taking advantage of your aberrations, to draw conclusions tending to her dishonour. And thus, viewing on the one hand your pernicious maxims, and on the other the canons of the Church which have uniformly condemned them, people will see, at one glance, what they should shun and what they should follow.
Your fourth charge turns on a maxim relating to murder, which you say I have falsely ascribed to Lessius. It is as follows: "That if a man has received a buffet, he may immediately pursue his enemy, and even return the blow with the sword, not to avenge himself, but to retrieve his honour." This, you say, is the opinion of the casuist Victoria. But this is nothing to the point. There is no inconsistency in saying that it is at once the opinion of Victoria and of Lessius; for Lessius himself says that it is also held by Navarre and Henriquez, who teach identically the same doctrine. The only question, then, is if Lessius holds this view as well as his brother casuists. You maintain "that Lessius quotes this opinion solely for the purpose of refuting it, and that I, therefore, attribute to him a sentiment which he produces only to overthrow- the basest and most disgraceful act of which a writer can be guilty." Now I maintain, fathers, that he quotes the opinion solely for the purpose of supporting it. Here is a question of fact, which it will be very easy to settle. Let us see, then, how you prove your allegation, and you will see afterwards how I prove mine.
To show that Lessius is not of that opinion, you tell us that he condemns the practice of it; and in proof of this, you quote one passage of his (l. 2, c. 9, n. 92), in which he says, in so many words, "I condemn the practice of it." I grant that, on looking for these words, at number 92, to which you refer, they will be found there. But what will people say, fathers, when they discover, at the same time, that he is treating in that place of a question totally different from that of which we are speaking, and that the opinion of which he there says that he condemns the practice has no connection with that now in dispute, but is quite distinct? And yet to be convinced that this is the fact, we have only to open the book to which you refer, and there we find the whole subject in its connection as follows: At number 79 he treats the question, "If it is lawful to kill for a buffet?" and at number 80 he finishes this matter without a single word of condemnation. Having disposed of this question, he opens a new one at 81, namely, "If it is lawful to kill for slanders?" and it is when speaking of this question that he employs the words you have quoted: "I condemn the practice of it."
Is it not shameful, fathers, that you should venture to produce these words to make it be believed that Lessius condemns the opinion that it is lawful to kill for a buffet? and that, on the ground of this single proof, you should chuckle over it, as you have done, by saying: "Many persons of honour in Paris have already discovered this notorious falsehood by consulting Lessius, and have thus ascertained the degree of credit due to that slanderer?" Indeed! and is it thus that you abuse the confidence which those persons of honour repose in you? To show them that Lessius does not hold a certain opinion, you open the book to them at a place where he is condemning another opinion; and these persons, not having begun to mistrust your good faith and never thinking of examining whether the author speaks in that place of the subject in dispute, you impose on their credulity. I make no doubt, fathers, that, to shelter yourselves from the guilt of such a scandalous lie, you had recourse to your doctrine of equivocations; and that, having read the passage in a loud voice, you would say, in a lower key, that the author was speaking there of something else. But I am not so sure whether this saving clause, which is quite enough to satisfy your consciences, will be a very satisfactory answer to the just complaint of those "honourable persons," when they shall discover that you have hoodwinked them in this style.
Take care, then, fathers, to prevent them by all means from seeing my letters; for this is the only method now left to you to preserve your credit for a short time longer. This is not the way in which I deal with your writings: I send them to all my friends; I wish everybody to see them. And I verily believe that both of us are in the right for our own interests; for, after having published with such parade this fourth Imposture, were it once discovered that you have made it up by foisting in one passage for another, you would be instantly denounced. It will be easily seen that if you could have found what you wanted in the passage where Lessius treated of this matter, you would not have searched for it elsewhere, and that you had recourse to such a trick only because you could find nothing in that passage favourable to your purpose.
You would have us believe that we may find in Lessius what you assert, "that he does not allow that this opinion (that a man may be lawfully killed for a buffet) is probable in theory"; whereas Lessius distinctly declares, at number 80: "This opinion, that a man may kill for a buffet, is probable in theory." Is not this, word for word, the reverse of your assertion? And can we sufficiently admire the hardihood with which you have advanced, in set phrase, the very reverse of a matter of fact! To your conclusion, from a fabricated passage, that Lessius was not of that opinion, we have only to place Lessius himself, who, in the genuine passage, declares that he is of that opinion.
Again, you would have Lessius to say "that he condemns the practice of it"; and, as I have just observed, there is not in the original a single word of condemnation; all that he says is: "It appears that it ought not to be easily permitted in practice- In praxi non videtur facile permittenda." Is that, fathers, the language of a man who condemns a maxim? Would you say that adultery and incest ought not to be easily permitted in practice? Must we not, on the contrary, conclude that as Lessius says no more than that the practice ought not to be easily permitted, his opinion is that it may be permitted sometimes, though rarely? And, as if he had been anxious to apprise everybody when it might be permitted, and to relieve those who have received affronts from being troubled with unreasonable scruples from not knowing on what occasions they might lawfully kill in practice, he has been at pains to inform them what they ought to avoid in order to practise the doctrine with a safe conscience. Mark his words: "It seems," says he, "that it ought not to be easily permitted, because of the danger that persons may act in this matter out of hatred or revenge, or with excess, or that this may occasion too many murders." From this it appears that murder is freely permitted by Lessius, if one avoids the inconveniences referred to- in other words, if one can act without hatred or revenge and in circumstances that may not open the door to a great many murders. To illustrate the matter, I may give you an example of recent occurrence- the case of the buffet of Compiegne. You will grant that the person who received the blow on that occasion has shown, by the way in which he has acted, that he was sufficiently master of the passions of hatred and revenge. It only remained for him, therefore, to see that he did not give occasion to too many murders; and you need hardly be told, fathers, it is such a rare spectacle to find Jesuits bestowing buffets on the officers of the royal household that he had no great reason to fear that a murder committed on this occasion would be likely to draw many others in its train. You cannot, accordingly, deny that the Jesuit who figured on that occasion was killable with a safe conscience, and that the offended party might have converted him into a practical illustration of the doctrine of Lessius. And very likely, fathers, this might have been the result had he been educated in your school, and learnt from Escobar that the man who has received a buffet is held to be disgraced until he has taken the life of him who insulted him. But there is ground to believe that the very different instructions which he received from a curate, who is no great favourite of yours, have contributed not a little in this case to save the life of a Jesuit.
Tell us no more, then, of inconveniences which may, in many instances, be so easily got over, and in the absence of which, according to Lessius, murder is permissible even in practice. This is frankly avowed by your authors, as quoted by Escobar, in his Practice of Homicide, according to your Society. "Is it allowable," asks this casuist, "to kill him who has given me a buffet? Lessius says it is permissible in speculation, though not to be followed in practice- non consulendum in praxi- on account of the risk of hatred, or of murders prejudicial to the State. Others, however, have judged that, by avoiding these inconveniences, this is permissible and safe in practice- in praxi probabilem et tutam judicarunt Henriquez," &c. See how your opinions mount up, by little and little, to the climax of probabilism! The present one you have at last elevated to this position, by permitting murder without any distinction between speculation and practice, in the following terms: "It is lawful, when one has received a buffet, to return the blow immediately with the sword, not to avenge one's self, but to preserve one's honour." Such is the decision of your fathers of Caen in 1644, embodied in their publications produced by the university before parliament, when they presented their third remonstrance against your doctrine of homicide, as shown in the book then emitted by them, on page 339.
Mark, then, fathers, that your own authors have themselves demolished this absurd distinction between speculative and practical murder- a distinction which the university treated with ridicule, and the invention of which is a secret of your policy, which it may now be worth while to explain. The knowledge of it, besides being necessary to the right understanding of your 15th, 16th, 17th, and 18th charges, is well calculated, in general, to open up, by little and little, the principles of that mysterious policy.
In attempting, as you have done, to decide cases of conscience in the most agreeable and accommodating manner, while you met with some questions in which religion alone was concerned- such as those of contrition, penance, love to God, and others only affecting the inner court of conscience- you encountered another class of cases in which civil society was interested as well as religion- such as those relating to usury, bankruptcy, homicide, and the like. And it is truly distressing to all that love the Church to observe that, in a vast number of instances, in which you had only Religion to contend with, you have violated her laws without reservation, without distinction, and without compunction; because you knew that it is not here that God visibly administers his justice. But in those cases in which the State is interested as well as Religion, your apprehension of man's justice has induced you to divide your decisions into two shares. To the first of these you give the name of speculation; under which category crimes, considered in themselves, without regard to society, but merely to the law of God, you have permitted, without the least scruple, and in the way of trampling on the divine law which condemns them. The second you rank under the denomination of practice, and here, considering the injury which may be done to society, and the presence of magistrates who look after the public peace, you take care, in order to keep yourselves on the safe side of the law, not to approve always in practice the murders and other crimes which you have sanctioned in speculation. Thus, for example, on the question, "If it be lawful to kill for slanders?" your authors, Filiutius, Reginald, and others, reply: "This is permitted in speculation- ex probabile opinione licet; but is not to be approved in practice, on account of the great number of murders which might ensue, and which might injure the State, if all slanderers were to be killed, and also because one might be punished in a court of justice for having killed another for that matter." Such is the style in which your opinions begin to develop themselves, under the shelter of this distinction, in virtue of which, without doing any sensible injury to society, you only ruin religion. In acting thus, you consider yourselves quite safe. You suppose that, on the one hand, the influence you have in the Church will effectually shield from punishment your assaults on truth; and that, on the other, the precautions you have taken against too easily reducing your permissions to practice will save you on the part of the civil powers, who, not being judges in cases of conscience, are properly concerned only with the outward practice. Thus an opinion which would be condemned under the name of practice, comes out quite safe under the name of speculation. But this basis once established, it is not difficult to erect on it the rest of your maxims. There is an infinite distance between God's prohibition of murder and your speculative permission of the crime; but between that permission and the practice the distance is very small indeed. It only remains to show that what is allowable in speculation is also so in practice; and there can be no want of reasons for this. You have contrived to find them in far more difficult cases. Would you like to see, fathers, how this may be managed? I refer you to the reasoning of Escobar, who has distinctly decided the point in the first six volumes of his grand Moral Theology, of which I have already spoken- a work in which he shows quite another spirit from that which appears in his former compilation from your four-and-twenty elders. At that time he thought that there might be opinions probable in speculation, which might not be safe in practice; but he has now come to form an opposite judgment, and has, in this, his latest work, confirmed it. Such is the wonderful growth attained by the doctrine of probability in general, as well as by every probable opinion in particular, in the course of time. Attend, then, to what he says: "I cannot see how it can be that an action which seems allowable in speculation should not be so likewise in practice; because what may be done in practice depends on what is found to be lawful in speculation, and the things differ from each other only as cause and effect. Speculation is that which determines to action. Whence it follows that opinions probable in speculation may be followed with a safe conscience in practice, and that even with more safety than those which have not been so well examined as matters of speculation."
Verily, fathers, your friend Escobar reasons uncommonly well sometimes; and, in point of fact, there is such a close connection between speculation and practice, that when the former has once taken root, you have no difficulty in permitting the latter, without any disguise. A good illustration of this we have in the permission "to kill for a buffet," which, from being a point of simple speculation, was boldly raised by Lessius into a practice "which ought not easily to be allowed"; from that promoted by Escobar to the character of "an easy practice"; and from thence elevated by your fathers of Caen, as we have seen, without any distinction between theory and practice, into a full permission. Thus you bring your opinions to their full growth very gradually. Were they presented all at once in their finished extravagance, they would beget horror; but this slow imperceptible progress gradually habituates men to the sight of them and hides their offensiveness. And in this way the permission to murder, in itself so odious both to Church and State, creeps first into the Church, and then from the Church into the State.
A similar success has attended the opinion of "killing for slander," which has now reached the climax of a permission without any distinction. I should not have stopped to quote my authorities on this point from your writings, had it not been necessary in order to put down the effrontery with which you have asserted, twice over, in your fifteenth Imposture, "that there never was a Jesuit who permitted killing for slander." Before making this statement, fathers, you should have taken care to prevent it from coming under my notice, seeing that it is so easy for me to answer it. For, not to mention that your fathers Reginald, Filiutius, and others, have permitted it in speculation, as I have already shown, and that the principle laid down by Escobar leads us safely on to the practice, I have to tell you that you have authors who have permitted it in so many words, and among others Father Hereau in his public lectures, on the conclusion of which the king put him under arrest in your house, for having taught, among other errors, that when a person who has slandered us in the presence of men of honour, continues to do so after being warned to desist, it is allowable to kill him, not publicly, indeed, for fear of scandal, but in a private way- sed clam.
I have had occasion already to mention Father Lamy, and you do not need to be informed that his doctrine on this subject was censured in 1649 by the University of Louvain. And yet two months have not elapsed since your Father Des Bois maintained this very censured doctrine of Father Lamy and taught that "it was allowable for a monk to defend the honour which he acquired by his virtue, even by killing the person who assails his reputation- etiam cum morte invasoris"; which has raised such a scandal in that town that the whole of the cures united to impose silence on him, and to oblige him, by a canonical process, to retract his doctrine. The case is now pending in the Episcopal court.
What say you now, fathers? Why attempt, after that, to maintain that "no Jesuit ever held that it was lawful to kill for slander?" Is anything more necessary to convince you of this than the very opinions of your fathers which you quote, since they do not condemn murder in speculation, but only in practice, and that, too, "on account of the injury that might thereby accrue to the State"? And here I would just beg to ask whether the whole matter in dispute between us is not simply and solely to ascertain if you have or have not subverted the law of God which condemns murder? The point in question is, not whether you have injured the commonwealth, but whether you have injured religion. What purpose, then, can it serve, in a dispute of this kind, to show that you have spared the State, when you make it apparent, at the same time, that you have destroyed the faith? Is this not evident from your saying that the meaning of Reginald, on the question of killing for slanders, is, "that a private individual has a right to employ that mode of defence, viewing it simply in itself"? I desire nothing beyond this concession to confute you. "A private individual," you say, "has a right to employ that mode of defence" (that is, killing for slanders), "viewing the thing in itself'; and, consequently, fathers, the law of God, which forbids us to kill, is nullified by that decision.
It serves no purpose to add, as you have done, "that such a mode is unlawful and criminal, even according to the law of God, on account of the murders and disorders which would follow in society, because the law of God obliges us to have regard to the good of society." This is to evade the question: for there are two laws to be observed- one forbidding us to kill, and another forbidding us to harm society. Reginald has not, perhaps, broken the law which forbids us to do harm to society; but he has most certainly violated that which forbids us to kill. Now this is the only point with which we have to do. I might have shown, besides, that your other writers, who have permitted these murders in practice, have subverted the one law as well as the other. But, to proceed, we have seen that you sometimes forbid doing harm to the State; and you allege that your design in that is to fulfil the law of God, which obliges us to consult the interests of society. That may be true, though it is far from being certain, as you might do the same thing purely from fear of the civil magistrate. With your permission, then, we shall scrutinize the real secret of this movement.
Is it not certain, fathers, that if you had really any regard to God, and if the observance of his law had been the prime and principal object in your thoughts, this respect would have invariably predominated in all your leading decisions and would have engaged you at all times on the side of religion? But, if it turns out, on the contrary, that you violate, in innumerable instances, the most sacred commands that God has laid upon men, and that, as in the instances before us, you annihilate the law of God, which forbids these actions as criminal in themselves, and that you only scruple to approve of them in practice, from bodily fear of the civil magistrate, do you not afford us ground to conclude that you have no respect to God in your apprehensions, and that if you yield an apparent obedience to his law, in so far as regards the obligation to do no harm to the State, this is not done out of any regard to the law itself, but to compass your own ends, as has ever been the way with politicians of no religion?
What, fathers! will you tell us that, looking simply to the law of God, which says, "Thou shalt not kill," we have a right to kill for slanders? And after having thus trampled on the eternal law of God, do you imagine that you atone for the scandal you have caused, and can persuade us of your reverence for Him, by adding that you prohibit the practice for State reasons and from dread of the civil arm? Is not this, on the contrary, to raise a fresh scandal? I mean not by the respect which you testify for the magistrate; that is not my charge against you, and it is ridiculous in you to banter, as you have done, on this matter. I blame you, not for fearing the magistrate, but for fearing none but the magistrate. And I blame you for this, because it is making God less the enemy of vice than man. Had you said that to kill for slander was allowable according to men, but not according to God, that might have been something more endurable; but when you maintain that what is too criminal to be tolerated among men may yet be innocent and right in the eyes of that Being who is righteousness itself, what is this but to declare before the whole world, by a subversion of principle as shocking in itself as it is alien to the spirit of the saints, that while you can be braggarts before God, you are cowards before men?
Had you really been anxious to condemn these homicides, you would have allowed the commandment of God which forbids them to remain intact; and had you dared at once to permit them, you would have permitted them openly, in spite of the laws of God and men. But, your object being to permit them imperceptibly, and to cheat the magistrate, who watches over the public safety, you have gone craftily to work. You separate your maxims into two portions. On the one side, you hold out "that it is lawful in speculation to kill a man for slander"; and nobody thinks of hindering you from taking a speculative view of matters. On the other side, you come out with this detached axiom, "that what is permitted in speculation is also permissible in practice"; and what concern does society seem to have in this general and metaphysical-looking proposition? And thus these two principles, so little suspected, being embraced in their separate form, the vigilance of the magistrate is eluded; while it is only necessary to combine the two together to draw from them the conclusion which you aim at- namely, that it is lawful in practice to put a man to death for a simple slander.
It is, indeed, fathers, one of the most subtle tricks of your policy to scatter through your publications the maxims which you club together in your decisions. It is partly in this way that you establish your doctrine of probabilities, which I have frequently had occasion to explain. That general principle once established, you advance propositions harmless enough when viewed apart, but which, when taken in connection with that pernicious dogma, become positively horrible. An example of this, which demands an answer, may be found in the 11th page of your Impostures, where you allege that "several famous theologians have decided that it is lawful to kill a man for a box on the ear." Now, it is certain that, if that had been said by a person who did not hold probabilism, there would be nothing to find fault with in it; it would in this case amount to no more than a harmless statement, and nothing could be elicited from it. But you, fathers, and all who hold that dangerous tenet, "that whatever has been approved by celebrated authors is probable and safe in conscience," when you add to this "that several celebrated authors are of opinion that it is lawful to kill a man for a box on the ear," what is this but to put a dagger into the hand of all Christians, for the purpose of plunging it into the heart of the first person that insults them, and to assure them that, having the judgement of so many grave authors on their side, they may do so with a perfectly safe conscience?