LETTER VII

The Seventh Letter continues the theme of Letter VI. and is in some ways complementary to it. Pascal has already dealt with assassins : he now cornes to gentleman murderers. He makes large use of the Requête of the University of Paris against the teaching of Père Héreau (1643), and Hermant’s reply (1644) to the Apology put forth by Caussin.

P. 68, 1. 7. ce point d'honneur. The majority of the Casuists with whom Pascal deals are Spanish Jesuits. Spain was the land where the point of honour was most sedulously observed, and where “ it exercised a sway even more potent than that of religion ” (Tilley, op. cit., p. 233).

P. 68, 1. 26. La loy de l'Evangile. Cf. Rom. xii. 17, 19, referring to Matt. v. 38.

Molinier, the most acute and balanced of Pascal’s editors, remarks that the teaching of Christ has not prevented men from continuing to shed torrents of human blood, and he reproaches Pascal for taking as reality what has never been anything but a sublime idéal. This is unfair both to Pascal and to Christianity. Pascal seeks to enforce the spirit of the Sermon on the Mount, whose object was not to give rules for social conduct, but to purify the heart, in the case before us by

stifling the instinct of revenge. In proportion as the principles laid down by Christ are adopted social conduct improves. It may be remarked that the Casuists by the distinction which they admitted between ge?is d'honneur et le bas peuple surrendered the moral progress achieved by Christianity, or indeed by the Decalogue. It was not Moses but Hammurabi who distinguished between injury done to a peasant and to a gentleman.

P. 69, 1. 15. nostre grande méthode de diriger V intention, i.e. to set before the will, contemplating an action, some object different from the obvious one.

On this point Pascal will probably command the assent of ail rightthinking persons. There can only be one intention in any act. To substitute another for it is only to practise self-deceit, and absolution obtained for a wrong action where such substitution has been made, is obtained under false pretences.

Pascal’s opponents went off on a side issue, and in the XXIVe Imposture they laboured to prove the importance of the intention in every human action — which nobody would deny. Nicole in a note to this Letter shows the impertinence of this attempt.

P. 70, 1. 5. nous purifions . . . l'intention , etc. The Casuist answer to Pascal is that while no intention can justify a bad action, i.e. one which is mortally sinful, yet there may be éléments of venial sin in an action which can be rectified by purity of intention. But Pascal had on his side both Molière and popular feeling.

Cf. “ Selon divers besoins, il est une science D’étendre les liens de notre conscience,

Et de rectifier le mal de l’action,

Avec la pureté de notre intention.”

(Le Tartufe , Act IV., sc. 5)

and a popular song (1652) set to a well-known tune —

“ Le péché n’est plus qu’une fable,

Escobar en est caution,

Et l’on prend pour dupe le diable En dirigeant l’intention.”

P. 70, 1. 31. Eccl. = Ecclesiasticus xxviii. 1.

P. 70, 1. 39. sur l'heure. This is the condition upon which Régnault lays stress. The rétribution, which he classes as self defence, must be made immediately after the offence, and not upon reflection. This no doubt lessens to some extent the enormity of his opinion, but it does not bring it any doser to the teaching of Christ.

P. 71, 1. 3. Lessius. Léonard Leys (1554-1623), professor in the Jesuit College at Louvain, and a great opponent of Baianism. His book here quoted, De Justitia et Jure actionum humanarum (Paris, 1605), was much esteemed by St. François de Sales.

P. 71, 1. 4. Celuy qui a reçu, etc. The opinion quoted is not that of

Leys himself, but of the Dominican Victoria. Nicole makes this clear in his translation: “Vide enim quid référât et probet ex Victoria Lessius

P. 71, 1. 16. Hurtado de Mendoza. Pedro Hurtado (1578-1651).

P. 71, 1. 18. De Spe = De spe et charitate (Salamanca, 1630).

P. 71, 1. 24. le Bréviaire. Maynard rightly points ont that the Breviary contains many Psalms which breathe the spirit of vengeance. And these are a source of difficulty to many Christians. But the Church has always emphasized the fact that those whose death the Psalmist desires were God’s enemies. The real danger is lest revenge be acted under the pretence of piety.

P. 71, 1. 26. Gaspard Hurtado. G. Hurtado, Jesuit, +1647, author of De sacramentis. ib., De Sub. Pecc. = De Subjecto peccatorum.

P. 71, 1. 27. cité par Diana. The editors of the Letters in Œuvres de Pascal , say they hâve been unable to find this passage in Diana. But it is there. See tom. i., tr. 7, res. 100, of the édition of 1667 [Diana coordinatus) , which has a table justifying the rearrangement of topics. Ail that Pascal has done is to put the beneficiary before the son. It is not clear from the text of Diana whether the instances of the beneficiary and the son are adduced by Hurtado or by himself : but the principle governing the opinion is attributed by him to Hurtado, and it is this. The wickedness of an ineffective bad desire, unlike that of an effective bad desire is derived not from the object of desire, but from the manner or motive with which the object is regarded.

Maynard maintains that there is some force in the distinction, but he admits that précision in such a case being impossible this kind of proposition deserves the condemnation it has received, e.g. by Innocent XI. in his decree of 1679.

P. 71, 1. 39. se battre en duel. Ail through the sixteenth and at intervals during the seventeenth century, duelling flourished exceedingly in France and was a véritable plague. Th. Rainaudo (see note on p. 52, 1. 13) says that within the space of thirty years more men of rank were slain in duels than would hâve been needed to make up a whole army. The Council of Trent had pronounced excommunication against Emperors, Kings, nobles, and ail and sundry who sanctioned duelling. Such an encroachment of the spiritual upon the temporal power was doubtless one reason why France declined to reçoive the decrees of the Council. But the Church having spoken, kings followed her example. From the time of Henri II. onwards, ordinances and royal edicts against duels were multiplied : but they were not strictly applied, and duelling went on until at length Louis XIV., prompted and supported by the Compagnie du Saint Sacrement, succeeded in checking (1641) and finally in almost abolishing the practice. It was a topic in the first speech which he made onassuming the reins of government. But it broke out again with renewed virulence after Louis’s death.

Benedict XIV., in the Bull “ Detestabilem ” (1752), condemned propositions concerning duelling similar to those which Pascal cites.

P. 71, 1. 39. nostre grand Hurtado. Pedro Hurtado. If Pascal had read further in Diana he would hâve seen that Hurtado regarded the opinion which he set forth at immense length as difficult in practice though probable in spéculation, and therefore to be avoided.

P. 72, 1. 8. toute indifferente. Cf. Haase, § 46.

P. 72, 1. 9. Car quel mal y a-t-il d'aller dans un champ , etc. Cf. “ Vous savez que je ne manque point de cœur, et que je sais me servir de mon épée quand il le faut. Je m’en vais passer tout à l’heure dans cette petite rue écartée qui mène au grand convent ; mais je vous déclare, pour moi, que ce n’est point moi qui me veux battre : le Ciel m’en défend la pensée : et si vous m’attaquez, nous verrons ce qui en arrivera” (Molière, Don Juan , Act V., sc. 3).

P. 72, 1. 22. nostre Père Layman. In Theol. Moral.

P. 72, 1. 36. la piété du Roy. See above, note on p. 71, 1. 39, and cf. Allier, La Cabale des Dévots, ch. xiv., and Rapin, Mém., t. ii., p. 145.

P. 72, 1. 41. Sanchez. Tomâs Sanchez in his Opus Morale.

P. 73, 1. 12. Navarrus. Not the N. of p. 49, but Pedro de Navarra (? author of De ablatorum restitutione . . ., lib. iv, 1594).

P. 73, 1. 26. Apprenez d'Escobar. Pascal here returns to the question of homicide raised in Letter VI.

P. 74, 1. 5. Molina. Cf. De justitia et jure, where he maintains that you are justified in getting in your blow first against a man who has not yet attacked your life, but means to do so.

P. 74, 1. 10. s'il est de leur intelligence. “ If he acts in concert with them.” For leur intelligence, cf. Haase, § 16, Rem. II.

P. 74, 1. 11. Voicy ses mots, i.e. Tanner’s in Univ. theol. scholastica , tom. iii. (not tractatus 3 as the early éditions hâve it).

P. 74, 1. 15. au moins pour ce qui touche la co?iscience. They cannot escape the law, if they are caught. But their conscience is clear.

P. 74, 1. 32. avec quelle mesure. “ How far he may go.”

P. 74, 1. 34. Henriquez. Enrique Henriquez (1552-1608), professor of theology at Cordova and Salamanca. He left the Company in 1593, because he could not bear to cancel a page at the bidding of Aquaviva. But he returned to the Jesuits before his death.

P. 74, 1. 35. d'autres de nos Peres, i.e. Leys.

P. 75, 1. 11. Azm\ Juan Azor ( ob . 1603), professor at Alcalâ and afterwards at Rome, where he died. Inst. Mor. = Institutiones morales, 3 parts (Rome, Paris, Lyons, 1600, 1606, 1611). Maynard pleads that the question raised by Azor is a common-place of the schools. This only strengthens Pascal’s attack on casuistry, though it weakens his attack on the Jesuits as the sole offenders.

P. 75, 1. 18. quand on ne peut l'éviter autrement. Azor counsels flight when possible. This is always possible for a cleric or an inferior, who are not bound by the ordinary code of gentlemanlike honour.

P. 75, 1. 21. Le P. Hereau. The “ affaire Héreau " which Hermant calls “ une des plus grandes de nostre siècle à l’égard des Jésuites ” was as follows ; Père Héreau (Hérault or Ayrault), lecturer on moral theology

in the Collège de Clermont, delivered himself in the course of the years 1642, 1643, of certain opinions concerning revenge for calumny, duelling, procuring of abortion, etc., which were delated to the University. That body presented a request to the Parlement for the general prohibition of Jesuit teaching. The “ Requeste ” and “ Procez-verbaux,” together with two pamphlets1 on the subject, were printed and are the source of our knowledge of Héreau’s teaching, as also of Pères Flahaut and le Court, professors at the Collège de Caen. Judgment was passed, not by the Parlement, but by the Conseil du Roi in May, 1644. The Jesuits were forbidden to teach the incriminated doctrines, and Héreau was confined to his College until further orders. Cf. Hermant, Mém ., t. i., p. 256 ff.

P. 75, 1. 22. Hurtado, quoted by Diana, Res. Mor., p. 5, tr. 14, res. 99.

P. 75, 1. 23. Becan. Martinus Becanus (1561-1624), an indefatigable controversialist, who engaged in turn almost ail the Protestant champions, including Lancelot Andrewes. Somm. is the Collection of his treatises collected as Summa theol. schol. (Mainz, 1630).

P. 75, 1. 28. See critical note. The corrections introduced by C were necessitated by Pascal’s mistake in attributing this opinion to Leys instead of to Pedro de Navarra. He was led astray by Hermant, who in his Response to Caussin’s apology omits Pedro’s name. As a matter of fact, Leys says a little later that the opinion in question is not to be followed.

P. 76, 1. 1. Baldelle. Nicolô Baldelli (1573-1655). Taught at Rome for sixteen years.

P. 76, 1. 31. on peut tuer le monde, “ kill people”.

P. 77, 1. 18. C'est qu'on seroit puni, etc. Pascal imports his own meaning into Filiucci’s dry statement “ unde etiam in foro externo talis puniretur ”. These words do not forbid the act for fear of punishment, but simply announce that it is a breach of social order and as such is open to punishment.

P. 77, 1. 35. encore que Von ne craigne plus, etc. This passage has no right to be printed as a quotation. It is Pascal’s summary. What Azor says in the text of his Instit. Moral, is that you may only kill a tliief if the theft is of your necessary goods which cannot be recovered otherwise.

P. 78, 1. 13. à 6 ou 7 ducats. What Molina says is that you must not kill a thief for a matter of 4 or 5 ducats. Pascal leaps to the conclusion which is justified by the passage quoted next “ Then you may kill him for 6 or 7 ”. A gold ducat = ca. 10 fr., an écu = 3 to 6 fr.

P. 78, 1. 15. t. 4, tr. 3, etc., i.e. of Dejustitia et jure (1597).

1 (a) “ Advertisement contre une doctrine préjudiciable à la vie de tous les hommes et particulièrement des roys et princes souverains, enseignée à Paris au college de Clermont, occupé par les Jésuites.”

(b) “Second Advertisement contre une doctrine, etc.” (1644). Titles as in Hermant, loc. cit,

P. 78, 1. 17. condamner d'aucun péché. Note de used to dénoté a cause when a periphrasis would now be preferred.

Apart from the un-Christian character of their decisions, the Casuists hâve committed the logical fault of confounding defence of the person with defence of property.

P. 79, 1. 1. P. L'Amy. Francesco Amico (1578-1651), professor of theology first in Italy and then in Austria.

P. 79, 1. 5. t. 5, disp. 36, n. 118, i.e. of Cursus Théologiens juxta scholasticam hujus temporis societatis Jesu methodum, Yienna, 1630. This proposition was given in the first édition only, and was withdrawn before its condemnation by Alexander VII. Amico States that he only put it forward disputandi gratia. But it was playing with fire.

P. 79, 1. 7. publier des crimes scandaleux. This is a mistranslation of “ gravia crimina spargere” which means “ to spread grave accusations ”.

P. 79, 1. 17. elle ne permet pas seulement aux juges ecclésiastiques d'assister, etc. Cf. Council of Toledo (675), Canon 6 ; Synod of London (1102), Canon 8 ; Lateran Council (1215), Canon 18. The ecclesiastical judges kept the letter of the decrees of these Councils by passing on the case to lay judges for the pronouncement and execution of sentence.

P. 79, 1. 21. Caramoüel. See above, note on p. 59, 1. 29. Notice that Caramuel is a defender, but not a member of the Jesuit Order.

P. 79, 1. 30. Sçavoir si les Jésuites, etc. Pascal affects to take seriously what is really a piece of grim humour.

P. 80, 1. 4. tuables : the word was admitted by the Dict. of the Academy in 1672.

P. 80, 1. 28. n' en tir ast de vos principes. En refers to“ leurs paroles", de vos principes = selon vos principes.

P. 80, 1. 28. quelque méchante conclusion, i.e. a conclusion that might prove fatal to me.

LETTEK VIII.

P. 81, 1. 2. qui nous sommes. Nous is éditorial plural. Pascal always asserts that he is fighting single-handed.

P. 81, 1. 5. à quatre ou cinq personnes. Among others, Arnauld himself was suggested, and his nephew, Antoine Le Maître, who was not in orders.

P. 81, 1. 24. See critical note. Pascal’s original phrase “ la bourse,” etc., was apparently thought undignified. So with “Valets” 12 fines later.

P. 82, 1. 15. Castro Palao. Pascal quotes correctly this opinion of Castro Palao (which wa§ condemned by Innocent XI. in 1679), but he omits the important qualification “provided that the probability be concerning legal interprétation (jus) and not matter of fact (factum ), for in the latter case the more probable opinion must be followed ”.

P. 82, 1. 36. Les juges peuvent recevoir, etc. Molina in his De Justitia

et Jure does not setfcle the question at issue as concisely and definitely as Pascal’s summary, which is not, however, unfair to him, would lead one to suppose. In the course of the long Disputatio 88 (“ Quae contra leges a ministris publicis accipiuntur, quousque et cui in conscientiae foro sint restituenda ”), from which Pascal selects one passage, he distinguishes between bribes and gifts offered out of mere liberality or gratitude. His opinion is that the former must be returned. The latter he proceeds to consider according to certain principles. They need not be returned when there is no positive law forbidding them, nor even when there is such prohibition, until the court has pronounced judgment in the suit at issue. They are not null in themselves, and to retain them is no violation of justice, but only of the law, if it exists, which forbids them. Restitution in this case would satisfy a breach of law, but not repair an injustice. It must be remembered that Molina’s object is to give practical ad vice to confessors how to deal with difficult cases, and not to outline an idéal morality. (See Introduction, p. xxxii.) It is not difficult to imagine circumstances, especially in the seventeenth century, when gifts might be innocently offered and accepted. For instance Bacon, when charged with bribery, claimed clean hands and a clean heart, and only admitted carelessness in not observing that the suit, in respect of which he had received money, was still pending. But it is évident that any passage of money between suitor and judge tends to corrupt the purity of the Bench and deserves to be pilloried.

P. 83, 1. 3. No?i certainement , selon Layman. Nothing can be said in defence of this proposition of Layman’s, endorsed by Escobar, which was condemned by Alexander VII. in 1659.

P. 83, 1. 14. Monsieur le Premier President. Nicolas Pomponne de Bellièvre, one of a famous family of magistrates, succeeded Matthieu Molé as “ Premier Président ” in 1653. He had served as ambassador at St. James’s, and displayed his powers of diplomacy in keeping the balance between prince and people after the Fronde. He was always favourable to the Jansenists, and when the printing press of Petit and Desprez was shut down after the First Letter, he permitted it to be reopened. He died ten months after this praise of him was sung by Pascal.

P. 83, 1. 33. V usure. The médiéval Church, under the influence of Scripture (cf. Deut. xxiii. 19, 20 ; Luke vi. 34, 35) and Aristotle (cf. Pol ., i., 10, 5: “Money is barren by nature: therefore to extract offspring from it is a crime against nature ”) ; (cf. Shakespeare, Merchant of-Venice, Act I., sc. 3 —

“ when did friendship take A breed of barren métal of his friend ? ”)

was extremely severe against usury, or indeed any taking of interest on money lent. It continued in its position long after loans of money had ceased to be confined to the relief of destitution and had become necessary for the development of industry. In this latter case it is obviously right and proper that reasonable payment should be made for accommodation.

NOTES

Instead of frankly recognizing this and reforming the canon law which forbade the taking of interest, recourse was had to ail sorts of legal fictions in order to modify its strictness, and meet a growing and quite legitimate practice. Bauny and Escobar, in the devices which they recommended and which Pascal ridicules, were only carrying on what Canonists had been doing ever since Christians began to borrow from Christians for commercial purposes. Their ingenious suggestions are in no sense fraudulent. Yet they are immoral because they are subterfuges invented for the purpose of evading the law which they prétend to keep.

P. 84, 1. 14. en françois. Pascal takes évident delight in poking fun at Bauny’s clumsy French.

P. 84, 1. 15. Celuy à qui on demande, etc. Bauny’s “ method ” is the well-known Triple Contract ( Trinus Contractus) which was brought into vogue by Navarrus, but which can be traced back to the eleventh century. A enters into partnership with B, and the expectation of both is a profit of, say, 30 per cent, (first contract). A insures his principal by relinquishing to B 10 per cent, of his expectation (second contract). He then insures his resulting expectation of 20 per cent, by relinquishing a further 10 per cent, (third contract), and is left with an immédiate profit of 10 per cent.

What is blameworthy liere is not the transaction itself, but the motive with which it may be undertaken, viz. the évasion of a plain law.

P. 84, 1. 17. si ay bien, si = pourtant.

P. 84, 1. 22. quant et quant. The usual form is quand et quand , “ at the same time ”.

P. 84, 1. 22. mon sort principal, “ my principal ”.

P. 84, 1. 23. qu'il ne coure fortune, “ so that it runs no risk ”.

P. 84, 1. 29. se provoquent, “provoke against themselves ”.

P. 85, 1. 10. Mohatra. This is a Spanish word, appearing here for the first time in French literature, derived from the Arabie “ Mukhatura,” “ risk,” i.e. a bargain involving risk. But the thing itself is much older. It was formerly known as “ barat, baratum,” a Word of uncertain origin, perhaps from the Celtic brad “fraud,” whence cornes Fr. “baraterie,” Eng. “barratry,” for which see Oxford Eng. Dict. A needs cash and is willing to pay for it. This is forbidden by the Church (see note on p. 83, 1. 33). So borrower and lender combine in a fictitious commercial transaction which is really a loan at interest. B sells to A for, say £110, to be repaid within the year, goods which he immediately buys back for £100, money down. Thus A secures his 10 per cent, and B gets his cash. Molinier quotes a case from the fourteenth century, where a man was fined 45 francs d'or for selling two measures of cloth for 7 florms d'or and, without delivering the goods, immediately repurchasing them for 5. The interest in this case was 30 per cent. ; in that quoted by Pascal from the Epilogum (p. 113, 1. 8) it is 50 per cent. After the définition (p. 112, 1. 14 ff.) Escobar continues “Bebello . . . observes that the contract is iforbidden by Castilian law under heavy penalties. Yet it is équitable if the folio wing conditions are observed.

No bargain, explicit or implicit, must be formed. The price at which the goods are sold must not exceed the highest market price : nor that at which they are resold the lowest : for then a fair price is secured in both cases. But Molina requires further that the goods shall not be sold with the intention of buying back at the lowest price. Yet, on the other hand, Salis . . . asserted that this was no objection, because when nothing beyond the principal is introduced into the contract and there is no expectation of legal reward or obligation in the bargain there is no question of usury, even if interest be the intention of the parties.” It is clear in “Mohatra” as in the “ trinus contractus ” everything dépends on the motive. If A, in need of cash, is ready to pay for the accommodation, he is conniving with B who supplies it in a breach of the law against usury. The selling and buying back of goods which are never delivered is a mere cover for a usurious transaction. The conditions laid down by Escobar and Molina only secure the form of a legitimate transaction, for if more than the highest market price were paid the breach of the law would be glaring. No one could pay more unless for an ulterior motive, viz. to obtain cash.

“Mohatra” was condemned, as a form of usury, by Innocent XI. in 1679. It may be noted that in modem Spanish mohatrar is to make a deceitful sale, and mohatrero is an extortioner.

P. 85, 1. 23. Epilogus Summarum. Sive compendium Theol. Moralis ex variorum praecipueque Henr. de Villalobos scriptis (Cuenca, 1650 : Paris, 1656), by Juan de Soria Buitron, Franciscan, professor at Cuenca.

P. 85, 1. 25. Fagundez. Estevan Pagundez (1557-1645), Head of the Jesuit College at Lisbon, author of Tractatus in quingue ecclesiae Pr accepta (1626), condemned by the Spanish Inquisition, and successfully defended by the author in an apology (1630).

P. 85, 1. 33. des loix que le deffendent. Escobar’s words are “Notât Rebellus, p. 2, lib. 9, q. 7, n. 7 (i.e. opus de obligationibus Justitiae, etc., Lyons, 1608), in legibus Castellae gravissimis poenis prohiberi ”.

P. 86, 1. 19. avec honneur , ne indecorè vivat. Critics in chorus, including Molinier, accuse Pascal of straining, if not of mistranslating, the Latin which is asserted to mean “ that he be not reduced to beggary ”. But the phrase means what he says. It is beside the point to bring forward passages from other Casuists, quoted by Leys, to the effect that the object of his indulgence is lest the debtor fall into want or a disreputable state (“ ut non egeat . . . ne aliquatenus indecenter vivat ”). “Ut non indecore vivat ” is Leys’ s expression, and that Pascal hits the mark is shown by the additional qualification “ pro sua conditione ”. In another passage Leys remarks that there are nobles who contract endless debts in order to maintain a state above their condition (De Just ., 2, c. 16, d. 1, n. 28). “ Avec honneur ” is the exact description of the state which

Leys would allow them to maintain out of monies due to their creditor.

It is true that Leys’s full opinion concerning bankrupts is not given in the paragraph before us, but the fault is not Pascal’s but Escobar’s, who fails to chronicle the exception made by Leys in the case of fraudulent

NOTES

bankrupts and spendthrift nobles. Nouet in his IIIe Imposture points out the injustice done to Leys by Escobar. And Pascal answers him in Letter III.

P. 86, 1. 36. Castro Palao. Cf. Opus morale de virtutibus et vitiis, i. 666. Pascal omits to say that Castro Palao does not endorse the opinion of Vasquez, which differs from ail other doctors. But Escobar, with whom he is chiefly concerned, has no hésitation in accepting it. Escobar adds that the rich victim could not reasonably refuse the ruling, in considération of the confessor who offers it, supposing that the thief cannot otherwise be prevented from robbing a poor man (“ qui non esset invitus respectu suadentis, posito quod fur a furto aliter non posset absterreri ”).

P. 87, 1. 11. quelqu'un prie. . . . The quotation from Bauny is in ail essentials exact. The French Casuist, before expressing his own opinion, quotes Cajetanus and Jean de la Cruz on the opposite side.

Bauny’s extravagance, which is admitted by Maynard (“ décision ridicule ”), is happily characterized by Pascal in a Pensée : “ Ils raisonnent comme ceux qui montrent qu’il est nuit à midy. Bauny : brûleur de granges ” (No. 926).

P. 87, 1. 34. Lessius, l. 2, c. 12, n. 12. The right reference is l. 2, c. 12, d. 12.

P. 87, 1. 36. une nécessité grave. Leys qualifies the grave necessity by adding “morbi, famis, nuditatis”. But even so his opinion did not escape its deserved condemnation by Innocent XI.

P. 88, 1. 12. l'ordre de la charité-. A person who innocently acquires the goods of a fraudulent bankrupt may be able by Roman Law to establish right of possession (cf. Maynard, ad loc.), but it is little short of blasphemy to introduce the Order of Charity in such a connexion.

P. 88, 1. 26 ff. See critical note. The corrections were rendered necessary by Pascal’s error in attributing to Leys the opinion of Escobar. The mistake is explained, if not justified, by the form in which Escobar’s statement is presented : “ At Lessius, lib. 2, cap. 10, dub. 6, num. 46, contrarium probabilius, docuit : quia injuria adulterii non est pecunia compensabilis, et mulier quamvis ex fornicatione illicitè acquirat, licitè retinit acquisita ”. But there is no doubt that Escobar accurately sums up Leys’ s opinion, and if Pascal had been at the pains of turning up the original text of De jure et justitia, and if his sense of decency had allowed it, he would hâve found rich material for his sarcasm. At the same time it is true that the principle that money paid for a sinful act may be, in some cases, legitimately retained, is recognized by St. Thomas, and was not a Jesuit invention. Cf. IIa IIae, q. 32, art. 7, where, it is said, that an act may be shameful and against God’s law, but a gift after its accompli shment can be made without injustice to anyone, and may therefore be retained, and even applied in alms.

P. 89, 1. 28. point . . . aucune. Cf. Haase, § 102, A.

P. 90, 1. 25. si on n’a pas fait l'action, etc. We are here concerned with what Roman Law calls “ condictio ob turpem causam,” i.e.

action to recover money paid for a disgraceful purpose. And Molina was right to say “ Distinguendum There were (and are) cases when the receiver of money so bestowed is not bonnd to restore it. If he alone is turpis, and the gift is made in innocence or ignorance, it is recoverable. But if both parties are turpes , then the principle in pari delicto melior est conditio possidentis cornes into play, and the receiver is not bound to restore. Both being rogues, the law allows the receiver to keep what he has. Cases hâve been decided according to this principle even in English law. The main authorities on “turpis causa” are Cod. Just., iv., 7 and 9 ; Digest., xii., 5.

P. 91, 1. 5. Qu'un Juge, etc. On this and the other instances of turpitudo, ci. Nicole’s notes i., ii., iii. , to this Letter.

P. 91, 1. 14. Un homme gui se mesle de deviner. Astrology and Magic although condemned by the Church were patronized even by kings in the seventeenth century. Henri IV. sent for the astrologer Larivière when Louis XIII. was born ; and when Anne of Austria was brought to bed of Louis XIV., the astrologer, Morin, was hidden in the room to draw the horoscope.

P. 91, 1. 16. ce gu' il vous plaira ... ce gui me plaira. Cf. Haase, § 35, C, Rem. I.

P. 91, 1. 21. Sanchez. Tomâs Sanchez. See above, note on p. 49, 1. 18. Sanchez compares the magician who contents himself with astrology to a physician who does not bring into play ail the resources of his art. Cf. Molinier, ad loc.

P. 93, 1. 13. Conjurons . . . ceux gui blasment. Pascal generalizes a particular apostrophe to Petrus Aurelius (Saint-Cyran) against whom Cellot was writing : “ Amabo te, Petre Aureli, tu qui dives es et nullius eger, ne, per Christi viscera pauperibus invide librum unum, quem ipsis aeterna Dei electio, Sanguis Christi comparavit ”.

P. 93, 1. 37. oublié à. Cf. Haase, § 124, 1°, B.