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THE RELATIVE DUTIES OF MANKIND. [Part III.

their being against public policy, the circumstance, that the reliefis asked by a party who is particeps criminis, is not in equitymaterial. The reason is, that the public interest requires, thatrelief should be given ; and it is given to the public through theparty. And in these cases relief will be granted, not only bysetting aside the agreement or other transaction ; but in manycases, by ordering a repayment of any money paid under it.”The most effectual way of discountenancing and suppress-ing illegal contracts (the same may be said of promises) andother like transactions is, to leave the parties without remedyagainst each other, and thus introduce “ a preventive check, natu-rally connected with a want of confidence, and a sole relianceupon personal honor. And so, accordingly, the modern doctrineis established. Relief is not granted, where both parties aretruly in pari delicto , (equally guilty,) unless in cases where publicpolicy would thereby be promoted.”*

CHAPTER VII.

THE DUTY OF MUTUAL ASSISTANCE.

Cicero quotes, with much commendation, the sentiment fromPlato, that we are not born for ourselves alone, but that our coun-try and our friends may both rightfully claim a share in us, — thatis, in our affections and our exertions, f This sentiment ofPlato, by which we are exhorted to look beyond ourselves andthe immediate objects of our personal interest, so far as to em-brace our friends and our country in the more ample pale of ourregard, is expanded and extended in the Christian Scriptures, in amanner entirely unknown to antiquity ; j and so as to make it ourduty to embrace all mankind, of whatever complexion, name, orcondition, in the unlimited sphere of our good-will. “ All thingswhatsoever ye would that men should do to you, do ye even so

* Story’s Equity Jurisprudence, Vol. I. pp. 295-998.t De Officiis, Lib I. c. 7. t See pp. 44-50.