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# Mullan v. United States

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* Mullan v. United States (118 U.S. 271)
* Mullan v. United States (140 U.S. 240)
* Mullan v. United States (212 U.S. 516)
See also United States v. Mullan.
# Nicene and Post-Nicene Fathers: Series I/Volume II/On Christian Doctrine/Book III/Chapter 14

Chapter 14.—Error of Those Who Think that There is No Absolute Right and Wrong.
22. But when men unacquainted with other modes of life than their own meet with the record of such actions, unless they are restrained by authority, they look upon them as sins, and do not consider that their own customs either in regard to marriage, or feasts, or dress, or the other necessities and adornments of human life, appear sinful to the people of other nations and other times. And, distracted by this endless variety of customs, some who were half asleep (as I may say)—that is, who were neither sunk in the deep sleep of folly, nor were able to awake into the light of wisdom—have thought that there was no such thing as absolute right,
but that every nation took its own custom for right; and that, since every nation has a different custom, and right must remain unchangeable, it becomes manifest that there is no such thing as right at all.  Such men did not perceive, to take only one example, that the precept, “Whatsoever ye would that men should do to you, do ye even so to them,” cannot be altered by any diversity of national customs. And this precept, when it is referred to the love of God, destroys all vices when to the love of one’s neighbor, puts an end to all crimes. For no one is willing to defile his own dwelling; he ought not, therefore, to defile the dwelling of God, that is, himself. And no one wishes an injury to be done him by another; he himself, therefore, ought not to do injury to another.

## Footnotes

* ↑ Matt. vii. 12.  Comp. Tobit iv. 15.
# Nicene and Post-Nicene Fathers: Series I/Volume II/On Christian Doctrine/Book III/Chapter 15

Chapter 15.—Rule for Interpreting Figurative Expressions.
23. The tyranny of lust being thus overthrown, charity reigns through its supremely just laws of love to God for His own sake, and love to one’s self and one’s neighbor for God’s sake. Accordingly, in regard to figurative expressions, a rule such as the following will be observed, to carefully turn over in our minds and meditate upon what we read till an interpretation be found that tends to establish the reign of love. Now, if when taken literally it at once gives a meaning of this kind, the expression is not to be considered figurative.
# Nicene and Post-Nicene Fathers: Series I/Volume II/On Christian Doctrine/Book III/Chapter 11

Chapter 11.—Rule for Interpreting Phrases Which Seem to Ascribe Severity to God and the Saints.
17. Every severity, therefore, and apparent cruelty, either in word or deed, that is ascribed in Holy Scripture to God or His saints, avails to the pulling down of the dominion of lust. And if its meaning be clear, we are not to give it some secondary reference, as if it were spoken figuratively. Take, for example, that saying of the apostle:  “But, after thy hardness and impenitent heart, treasurest up unto thyself wrath against the day of wrath and revelation of the righteous judgment of God; who will render to every man according to his deeds: to them who, by patient continuance in well-doing, seek for glory, and honor, and immortality, eternal life; but unto them that are contentious, and do not obey the truth, but obey unrighteousness, indignation and wrath, tribulation and anguish, upon every soul of man that doeth evil, of the Jew first, and also of the Gentile.” But this is addressed to those who, being unwilling to subdue their lust, are themselves involved in the destruction of their lust. When, however, the dominion of lust is overturned in a man over whom it had held sway, this plain expression is used: “They that are Christ’s have crucified the flesh, with the affections and lusts.” Only that, even in these instances, some words are used figuratively, as for example, “the wrath of God” and “crucified.” But these are not so numerous, nor placed in such a way as to obscure the sense, and make it allegorical or enigmatical, which is the kind of expression properly called figurative. But in the saying addressed to Jeremiah, “See, I have this day set thee over the nations, and over the kingdoms, to root out, and to pull down, and to destroy, and to throw down,” there is no doubt the whole of the language is figurative, and to be referred to the end I have spoken of.

## Footnotes

* ↑ Rom. ii. 5–9.
* ↑ Gal. v. 24.
* ↑ Jer. i. 10.
# Nicene and Post-Nicene Fathers: Series I/Volume II/On Christian Doctrine/Book III/Chapter 1

Chapter 1 .—Summary of the Foregoing Books, and Scope of that Which Follows.
I. The man who fears God seeks diligently in Holy Scripture for a knowledge of His will. And when he has become meek through piety, so as to have no love of strife; when furnished also with a knowledge of languages, so as not to be stopped by unknown words and forms of speech, and with the knowledge of certain necessary objects, so as not to be ignorant of the force and nature of those which are used figuratively; and assisted, besides, by accuracy in the texts, which has been secured by skill and care in the matter of correction;—when thus prepared, let him proceed to the examination and solution of the ambiguities of Scripture. And that he may not be led astray by ambiguous signs, so far as I can give him instruction (it may happen, however, that either from the greatness of his intellect, or the greater clearness of the light he enjoys, he shall laugh at the methods I am going to point out as childish),—but yet, as I was going to say, so far as I can give instruction, let him who is in such a state of mind that he can be instructed by me know, that the ambiguity of Scripture lies either in proper words or in metaphorical, classes which I have already described in the second book.

## Footnotes

* ↑ See Book ii. chap.x.
# Nicene and Post-Nicene Fathers: Series I/Volume II/On Christian Doctrine/Book III/Chapter 16

Chapter 16.—Rule for Interpreting Commands and Prohibitions.
24. If the sentence is one of command, either forbidding a crime or vice, or enjoining an act of prudence or benevolence, it is not figurative. If, however, it seems to enjoin a crime or vice, or to forbid an act of prudence or benevolence, it is figurative. “Except ye eat the flesh of the Son of man,” says Christ, “and drink His blood, ye have no life in you.” This seems to enjoin a crime or a vice; it is therefore a figure, enjoining that we should have a share in the sufferings of our Lord, and that we should retain a sweet and profitable memory of the fact that His flesh was wounded and crucified for us.  Scripture says: “If thine enemy hunger, feed him; if he thirst, give him drink;” and this is beyond doubt a command to do a kindness. But in what follows, “for in so doing thou shall heap coals of fire on his head,” one would think a deed of malevolence was enjoined. Do not doubt, then, that the expression is figurative; and, while it is possible to interpret it in two ways, one pointing to the doing of an injury, the other to a display of superiority, let charity on the contrary call you back to benevolence, and interpret the coals of fire as the burning groans of penitence by which a man’s pride is cured who bewails that he has been the enemy of one who came to his assistance in distress. In the same way, when our Lord says, “He who loveth his life shall lose it,” we are not to think that He forbids the prudence with which it is a man’s duty to care for his life, but that He says in a figurative sense, “Let him lose his life”—that is, let him destroy and lose that perverted and unnatural use which he now makes of his life, and through which his desires are fixed on temporal things so that he gives no heed to eternal. It is written: “Give to the godly man, and help not a sinner.” The latter clause of this sentence seems to forbid benevolence; for it says, “help not a sinner.” Understand, therefore, that “sinner” is put figuratively for sin, so that it is his sin you are not to help.

## Footnotes

* ↑ John vi. 53.
* ↑ Rom. xii. 20; Prov. xxv. 21, 22.
* ↑ John xii. 25.  Comp. Matt. x. 39.
* ↑ Ecclus. xii. 4.  Comp. Tobit iv. 17.
# Nicene and Post-Nicene Fathers: Series I/Volume II/On Christian Doctrine/Book III/Chapter 17

Chapter 17.—Some Commands are Given to All in Common, Others to Particular Classes.
25. Again, it often happens that a man who has attained, or thinks he has attained, to a higher grade of spiritual life, thinks that the commands given to those who are still in the lower grades are figurative; for example, if he has embraced a life of celibacy and made himself a eunuch for the kingdom of heaven’s sake, he contends that the commands given in Scripture about loving and ruling a wife are not to be taken literally, but figuratively; and if he has determined to keep his virgin unmarried, he tries to put a figurative interpretation on the passage where it is said, “Marry thy daughter, and so shall thou have performed a weighty matter.” Accordingly, another of our rules for understanding the Scriptures will be as follows,—to recognize that some commands are given to all in common, others to particular classes of persons, that the medicine may act not only upon the state of health as a whole, but also upon the special weakness of each member. For that which cannot be raised to a higher state must be cared for in its own state.

## Footnotes

* ↑ Ecclus. vii. 27.
# Nicene and Post-Nicene Fathers: Series I/Volume II/On Christian Doctrine/Book III/Chapter 13

Chapter 13.—Same Subject, Continued.
21. Whatever, then, is in accordance with the habits of those with whom we are either compelled by necessity, or undertake as a matter of duty, to spend this life, is to be turned by good and great men to some prudent or benevolent end, either directly, as is our duty, or figuratively, as is allowable to prophets.
# Nicene and Post-Nicene Fathers: Series I/Volume II/On Christian Doctrine/Book III/Chapter 18

Chapter 18.—We Must Take into Consideration the Time at Which Anything Was Enjoyed or Allowed.
26. We must also be on our guard against supposing that what in the Old Testament, making allowance for the condition of those times, is not a crime or a vice even if we take it literally and not figuratively, can be transferred to the present time as a habit of life. For no one will do this except lust has dominion over him, and endeavors to find support for itself in the very Scriptures which were intended to overthrow it. And the wretched man does not perceive that such matters are recorded with this useful design, that men of good hope may learn the salutary lesson, both that the custom they spurn can be turned to a good use, and that which they embrace can be used to condemnation, if the use of the former be accompanied with charity, and the use of the latter with lust.
27. For, if it was possible for one man to use many wives with chastity, it is possible for another to use one wife with lust. And I look with greater approval on the man who uses the fruitfulness of many wives for the sake of an ulterior object, than on the man who enjoys the body of one wife for its own sake. For in the former case the man aims at a useful object suited to the circumstances of the times; in the latter case he gratifies a lust which is engrossed in temporal enjoyments.  And those men to whom the apostle permitted as a matter of indulgence to have one wife because of their incontinence, were less near to God than those who, though they had each of them numerous wives, yet just as a wise man uses food and drink only for the sake of bodily health, used marriage only for the sake of offspring.  And, accordingly, if these last had been still alive at the advent of our Lord, when the time not of casting stones away but of gathering them together had come, they would have immediately made themselves eunuchs for the kingdom of heaven’s sake. For there is no difficulty in abstaining unless when there is lust in enjoying. And assuredly those men of whom I speak knew that wantonness even in regard to wives is abuse and intemperance, as is proved by Tobit’s prayer when he was married to his wife. For he says: “Blessed art Thou, O God of our fathers, and blessed is Thy holy and glorious name for ever; let the heavens bless Thee, and all Thy creatures. Thou madest Adam, and gavest him Eve his wife for an helper and stay. . . . And now, O Lord, Thou knowest that I take not this my sister for lust, but uprightly: therefore have pity on us, O Lord.”

## Footnotes

* ↑ 1 Cor. vii. 1, 2, 9.
* ↑ Eccles. iii. 5.
* ↑ Tobit viii. 5–7.
# Nicene and Post-Nicene Fathers: Series II/Volume IV/Life of Antony/Vita Antoni/Chapter 7

12. Then again as he went on he saw what was this time not visionary, but real gold scattered in the way. But whether the devil showed it, or some better power to try the athlete and show the Evil One that Antony truly cared nought for money, neither he told nor do we know. But it is certain that that which appeared was gold. And Antony marvelled at the quantity, but passed it by as though he were going over fire; so he did not even turn, but hurried on at a run to lose sight of the place. More and more confirmed in his purpose, he hurried to the mountain, and having found a fort, so long deserted that it was full of creeping things, on the other side of the river; he crossed over to it and dwelt there. The reptiles, as though some one were chasing them, immediately left the place. But he built up the entrance completely, having stored up loaves for six months—this is a custom of the Thebans, and the loaves often remain fresh a whole year—and as he found water within, he descended as into a shrine, and abode within by himself, never going forth nor looking at any one who came. Thus he employed a long time training himself, and received loaves, let down from above, twice in the year.
13. But those of his acquaintances who came, since he did not permit them to enter, often used to spend days and nights outside, and heard as it were crowds within clamouring, dinning, sending forth piteous voices and crying, ‘Go from what is ours. What dost thou even in the desert? Thou canst not abide our attack.’ So at first those outside thought there were some men fighting with him, and that they had entered by ladders; but when stooping down they saw through a hole there was nobody, they were afraid, accounting them to be demons, and they called on Antony. Them he quickly heard, though he had not given a thought to the demons, and coming to the door he besought them to depart and not to be afraid, ‘for thus,’ said he, ‘the demons make their seeming onslaughts against those who are cowardly. Sign yourselves therefore with the cross, and depart boldly, and let these make sport for themselves.’ So they departed fortified with the sign of the Cross. But he remained in no wise harmed by the evil spirits, nor was he wearied with the contest, for there came to his aid visions from above, and the weakness of the foe relieved him of much trouble and armed him with greater zeal. For his acquaintances used often to come expecting to find him dead, and would hear him singing, ‘Let God arise and let His enemies be scattered, let them also that hate Him flee before His face. As smoke vanisheth, let them vanish; as wax melteth before the face of fire, so let the sinners perish from the face of God;’ and again, ‘All nations compassed me about, and in the name of the Lord I requited them.’

## Footnotes

* ↑ Cf. de Incarn. xlvii. 2.
* ↑ Ps. lxviii. 1.
* ↑ Ps. cxviii. 10. Evagr. renders by ‘vindicavi in eis.’
# Nicene and Post-Nicene Fathers: Series II/Volume IV/Life of Antony/Vita Antoni/Chapter 42

92. Having said this, when they had kissed him, he lifted up his feet, and as though he saw friends coming to him and was glad because of them—for as he lay his countenance appeared joyful—he died and was gathered to the fathers. And they afterward, according to his commandment, wrapped him up and buried him, hiding his body underground. And no one knows to this day where it was buried, save those two only. But each of those who received the sheepskin of the blessed Antony and the garment worn by him guards it as a precious treasure. For even to look on them is as it were to behold Antony; and he who is clothed in them seems with joy to bear his admonitions.
# Nicene and Post-Nicene Fathers: Series II/Volume IV/Life of Antony/Vita Antoni/Chapter 44

94. Read these words, therefore, to the rest of the brethren that they may learn what the life of monks ought to be; and may believe that our Lord and Saviour Jesus Christ glorifies those who glorify Him: and leads those who serve Him unto the end, not only to the kingdom of heaven, but here also—even though they hide themselves and are desirous of withdrawing from the world—makes them illustrious and well known everywhere on account of their virtue and the help they render others. And if need be, read this among the heathen, that even in this way they may learn that our Lord Jesus Christ is not only God and the Son of God, but also that the Christians who truly serve Him and religiously believe on Him, prove, not only that the demons, whom the Greeks themselves think to be gods, are no gods, but also tread them under foot and put them to flight, as deceivers and corrupters of mankind, through Jesus Christ our Lord, to whom be glory for ever and ever. Amen.
# Nicene and Post-Nicene Fathers: Series II/Volume IV/Life of Antony/Vita Antoni/Chapter 43

93. This is the end of Antony’s life in the body and the above was the beginning of the discipline. Even if this account is small compared with his merit, still from this reflect how great Antony, the man of God, was. Who from his youth to so great an age preserved a uniform zeal for the discipline, and neither through old age was subdued by the desire of costly food, nor through the infirmity of his body changed the fashion of his clothing, nor washed even his feet with water, and yet remained entirely free from harm. For his eyes were undimmed and quite sound and he saw clearly; of his teeth he had not lost one, but they had become worn to the gums through the great age of the old man. He remained strong both in hands and feet; and while all men were using various foods, and washings and divers garments, he appeared more cheerful and of greater strength. And the fact that his fame has been blazoned everywhere; that all regard him with wonder, and that those who have never seen him long for him, is clear proof of his virtue and God’s love of his soul. For not from writings, nor from worldly wisdom, nor through any art, was Antony renowned, but solely from his piety towards God. That this was the gift of God no one will deny. For from whence into Spain and into Gaul, how into Rome and Africa, was the man heard of who abode hidden in a mountain, unless it was God who maketh His own known everywhere, who also promised this to Antony at the beginning? For even if they work secretly, even if they wish to remain in obscurity, yet the Lord shows them as lamps to lighten all, that those who hear may thus know that the precepts of God are able to make men prosper and thus be zealous in the path of virtue.
# Nicene and Post-Nicene Fathers: Series II/Volume IV/Life of Antony/Vita Antoni/Chapter 6

11. And on the day following he went forth still more eagerly bent on the service of God and having fallen in with the old man he had met previously, he asked him to dwell with him in the desert. But when the other declined on account of his great age, and because as yet there was no such custom, Antony himself set off forthwith to the mountain. And yet again the enemy seeing his zeal and wishing to hinder it, cast in his way what seemed to be a great silver dish. But Antony, seeing the guile of the Evil One, stood, and having looked on the dish, he put the devil in it to shame, saying, ‘Whence comes a dish in the desert? This road is not well-worn, nor is there here a trace of any wayfarer; it could not have fallen without being missed on account of its size; and he who had lost it having turned back, to seek it, would have found it, for it is a desert place. This is some wile of the devil. O thou Evil One, not with this shalt thou hinder my purpose; let it go with thee to destruction.’ And when Antony had said this it vanished like smoke from the face of fire.

## Footnotes

* ↑ Cf. Acts viii. 20.
# Nicene and Post-Nicene Fathers: Series II/Volume IV/Life of Antony/Vita Antoni/Chapter 8

14. And so for nearly twenty years he continued training himself in solitude, never going forth, and but seldom seen by any. After this, when many were eager and wishful to imitate his discipline, and his acquaintances came and began to cast down and wrench off the door by force, Antony, as from a shrine, came forth initiated in the mysteries and filled with the Spirit of God. Then for the first time he was seen outside the fort by those who came to see him. And they, when they saw him, wondered at the sight, for he had the same habit of body as before, and was neither fat, like a man without exercise, nor lean from fasting and striving with the demons, but he was just the same as they had known him before his retirement. And again his soul was free from blemish, for it was neither contracted as if by grief, nor relaxed by pleasure, nor possessed by laughter or dejection, for he was not troubled when he beheld the crowd, nor overjoyed at being saluted by so many. But he was altogether even as being guided by reason, and abiding in a natural state. Through him the Lord healed the bodily ailments of many present, and cleansed others from evil spirits. And He gave grace to Antony in speaking, so that he consoled many that were sorrowful, and set those at variance at one, exhorting all to prefer the love of Christ before all that is in the world. And while he exhorted and advised them to remember the good things to come, and the loving-kindness of God towards us, ‘Who spared not His own Son, but delivered Him up for us all,’ he persuaded many to embrace the solitary life. And thus it happened in the end that cells arose even in the mountains, and the desert was colonised by monks, who came forth from their own people, and enrolled themselves for the citizenship in the heavens.
15. But when he was obliged to cross the Arsenoitic Canal—and the occasion of it was the visitation of the brethren—the canal was full of crocodiles. And by simply praying, he entered it, and all they with him, and passed over in safety. And having returned to his cell, he applied himself to the same noble and valiant exercises; and by frequent conversation he increased the eagerness of those already monks, stirred up in most of the rest the love of the discipline, and speedily by the attraction of his words cells multiplied, and he directed them all as a father.

## Footnotes

* ↑ Rom. viii. 32.
* ↑ Between the Nile and the Fayûm.