CHAPTER III: OF CHRISTIAN JUSTICE.

OF CHRISTIAN JUSTICE.

Justice is, by the Christian religion, enjoined in all its parts by these two propositions in Scripture: "Whatsoever ye would that men should do to you, even so do them." This is the measure of commutative justice, or of that justice which supposes exchange of things profitable for things profitable: that as I supply your need you may supply mine; as I do a benefit to you, I may receive one by you. And because every man may be injured by another, therefore his security shall depend upon mine: if he will not let me be safe, he shall not be safe himself; (only the manner of his being punished is, upon great reason, both by God and all the world, taken from particulars, and committed to a public disinterested person, who will do justice, without passion, both to him and to me;) if he refuses to do me advantage, he shall receive none when his needs require it. And thus God gave necessities to man, that all men might need; and several abilities to several persons, that each man might help to supply the public needs, and, by joining to fill up all wants, they may be knit together by justice, as the parts of the world are by nature. And he hath made all obnoxious to injuries, and made every little thing strong enough to do us hurt by some instrument or other; and hath given us all a sufficient stock of self-love and desire of self-preservation, to be as the chain to tie together all the parts of society, and to restrain us from doing violence lest we be violently dealt withal ourselves.

The other part of justice is commonly called distributive, and is commanded in this rule, "Render to all their dues: tribute to whom tribute is due; custom to whom custom; fear to whom fear; honour to whom honour. Owe no man any thing, but to love one another." [151] This justice is distinguished from the first; because the obligation depends not upon contract or express bargain, but passes upon us by virtue of some command of God or of our superior, by nature or by grace, by piety or religion, by trust or by office, according to that commandment -- As every man hath received the gift, so let him minister the same, one to another, as good stewards of the manifold grace of God.' [152] And as the first considers an equality of persons in respect of the contract or particular necessity, this supposed a difference of persons, and no particular bargains, but such necessary intercourses as by the laws of God or man are introduced. But I shall reduce all the particulars of both kinds to these four heads: 1. Obedience; 2. Provision; 3. Negotiation; 4. Restitution. __________________________________________________________________

SECTION I. __________________________________________________________________

Of Obedience to our Superiors.

Our superiors are set over us in affairs of the world, or the affairs of the soul and things pertaining to religion, and are called accordingly ecclesiastical or civil. Towards whom our duty is thus generally described in the New Testament. For temporal or civil governors the commands are these: "Render to Caesar the things that are Caesar's;" and, "Let every soul be subject to the higher powers: for there is no power but of God, the powers that be are ordained of God; whosoever, therefore, resisteth the power resisteth the ordinance of God; and they that resist shall receive to themselves damnation:" [153] and, Put them in mind to be subject to principalities and powers, and to obey magistrates:' [154] and, "Submit yourselves to every ordinance of man, for the Lord's sake: whether it be to the king, as supreme, or unto governors, as unto them that are sent by him for the punishment of evil doers, and the praise of them that do well." [155]

For spiritual or ecclesiastical governors, thus we are commanded: "Obey them that have the rule over you, and submit yourselves; for they watch for your souls, as they that must give an account:" [156] and, Hold such in reputation: and, "To this end did I write, that I might know the proof of you, whether ye be obedient in all things," said St. Paul to the church in Corinth. Our duty is reducible to practice by the following rules. __________________________________________________________________

[153] Rom. xiii. 1.
[154] Titus iii. 1.
[155] 1 Pet. ii. 13.

[156] Heb. xiii. 17. __________________________________________________________________

Acts and Duties of Obedience to all our Superiors.

1. We must obey all human laws appointed and constituted by lawful authority, that is, of the supreme power, according to the constitution of the place in which we live: all laws, I mean, which are not against the law of God.

2. In obedience to human laws, we must observe the letter of the law where we can, without doing violence to the reason of the law and the intention of the lawgiver; but where they cross each other the charity of the law is to be preferred before its discipline, and the reason of it before the letter.

3. If the general reason of the law ceases in our particular, and a contrary reason rises upon us, we are to procure dispensation, or leave to omit the observation of it in such circumstances, if there be any persons or office appointed for granting it; but if there be none, or if it is not easily to be had, or not without an inconvenience greater than the good of the observation of the law in our particular, we are dispensed withal in the nature of the thing, without further process or trouble.

4. As long as the law is obligatory, so long our obedience is due; and he that begins a contrary custom without reason, sins: but he that breaks the law, when the custom is entered and fixed, is excused; because it is supposed the legislative power consents, when, by not punishing, it suffers disobedience to grow to a custom.

5. Obedience to human laws must be for conscience sake; that is, because in such obedience public order, and charity, and benefit, are concerned, and because the law of God commands us: therefore we must make a conscience in keeping the just laws of superiors: and although the matter before the making of the law was indifferent, yet now the obedience is not indifferent; but, next to the laws of God, we are to obey the laws of all our superiors, who the more public they are the first they are to be in the order of obedience.

6. Submit to the punishment and censure of the laws, and seek not to reverse their judgment by opposing, but by submitting, or flying, or silence, to pass through it or by it, as we can; and although from inferior judges we may appeal where the law permits us, yet we must sit down and rest in the judgment of the supreme; and if we be wronged, let us complain to God of the injury, not of the persons; and he will deliver thy soul from unrighteous judges.

7. Do not believe thou hast kept the law, when thou hast suffered the punishment. For although patiently to submit to the power of the sword be a part of obedience, yet this is such a part as supposes another left undone; and the law punishes, not because she is as well pleased in taking vengeance as in being obeyed, but because she is pleased she uses punishment as a means to secure obedience for the future, or in others. Therefore, although in such cases the law is satisfied, and the injury and the injustice are paid for, yet the sins of irreligion, and scandal, and disobedience to God, must still be so accounted for, as to crave pardon and be washed off by repentance.

8. Human laws are not to be broken with scandal, nor at all without reason; for he that does it causelessly is a despiser of the law, and undervalues the authority. For human laws differ from Divine laws principally in this: 1. That the positive commands of a man may be broken upon smaller and more reasons than the positive commands of God; we may, upon a smaller reason omit to keep any of the fasting-days of the church than omit to give alms to the poor; only this, the reason must bear weight according to the gravity and concernment of the law; a law, in a small matter, may be omitted for a small reason: in a great matter, not without a greater reason. and 2. The negative precepts of men may cease by many instruments, by contrary customs, by public disrelish, by long omission: but the negative precepts of God never can cease, but when they are expressly abrogated by the same authority. But what those reasons are that can dispense with the command of a man, a man may be his own judge, and sometimes take his proportions from his own reason and necessity, sometimes from public fame, and the practice of pious and severe persons, and from popular customs; in which a man shall walk most safely when he does not walk along, but a spiritual man takes him by the hand.

9. We must not be too forward in procuring dispensations, nor use them any longer than the reason continues for which we first procured them; for to be dispensed withal is an argument of natural infirmity, if it be necessary; but, if it be not, it signifies an undisciplined and unmortified spirit.

10. We must not be too busy in examining the prudence and unreasonableness of human laws: for although we are not bound to believe them all to be the wisest, yet if, by inquiring into the lawfulness of them, or by any other instrument we find them to fail of that wisdom with which some others are ordained, yet we must never make use of it to disparage the person of the lawgiver, or to countenance any man's disobedience, much less our own.

11. Pay that reverence to the person of thy prince, of his ministers, of thy parents and spiritual guides, which, by the customs of the place thou livest in, are usually paid to such persons in their several degrees: that is, that the highest reverence be paid to the highest persons, and so still in proportion; and that this reverence be expressed in all the circumstances and manners of the city and nation.

12. Lift not up thy hand against thy prince or parent, upon what pretence soever; but bear all personal affronts and inconveniences at their hands, and seek no remedy but by patience and piety, yielding and praying, or absenting thyself.

13. Speak not evil of the ruler of thy people, neither curse thy father or mother, nor revile thy spiritual guides, nor discover and lay naked their infirmities; but treat them with reverence and religion, and preserve their authority sacred, by esteeming their persons venerable.

14. Pay tribute and customs to princes according to the laws, and maintenance to thy parents according to their necessity, and honourable support to the clergy according to the dignity of the work and the customs of the place.

15. Remember always, that duty to our superiors is not an act of commutative justice, but of distributive; that is, although kings and parents and spiritual guides are to pay a great duty to their inferiors, the duty of their several charges and government, yet the good government of a king and of parents are actions of religion, as they relate to God, and of piety, as they relate to their people and families. And although we usually all them just princes who administer their laws exactly to the people, because the actions are in the manner of justice, yet in propriety of speech, they are rather to be called pious and religious. For as he is not called a just father that educates his children well, but pious; so that prince who defends and well rules his people is religious, and does that duty for which alone he is answerable to God: the consequence of which is this, so far as concerns our duty -- if the prince or parent fail of their duty, we must not fail of ours; for we are answerable to them and to God too, as being accountable to all our superiors, and so are they to theirs: they are above us, and God is above them. __________________________________________________________________

Remedies against Disobedience, and Means to endear our Obedience; by way of consideration.

1. Consider, that all authority descends from God, and our superiors bear the image of the Divine power, which God imprints on them as on an image of clay, or a coin upon a less perfect metal, which whoso defaces shall not be answerable for the loss or spoil of the materials, but the defacing the king's image; and in the same measure will God require it at our hands, if we despise his authority, upon whomsoever he hath imprinted it.

He that despiseth you, despiseth me. And Dathan and Abiram were said to be gathered together against the Lord.' And this was St. Paul's argument for our obedience: The powers that be are ordained of God.'

2. There is very great peace and immunity from sin in resigning our wills up to the command of others; for provided that our duty to God be secured, their commands are warrants to us in all things else; and the case of conscience is determined, if the command be evident and pressing: and it is certain, the action that is but indifferent and without reward, if done only upon our own choice, is an act of duty and of religion, and rewardable by the grace and favour of God, if done in obedience to the command of our superiors. For since naturally we desire what is forbidden us, (and sometimes there is no other evil in the thing but that it is forbidden us,) God hath in grace enjoined and proportionably accepts obedience, as being directly opposed to the former irregularity; and it is acceptable, although there be no other good in the thing that is commanded us but that it is commanded.

3. By obedience we are made a society and a republic, and distinguished from herds of beasts, and heaps of flies, who do what they list, and are incapable of laws, and obey none; and therefore are killed and destroyed, though never punished, and they never can have a reward.

4. By obedience we are rendered capable of all the blessings of government, signified by St. Paul in these words: "He is the minister of God to thee for good;" [157] and by St. Peter in these: "Governors are sent by him for the punishment of evil doers and for the praise of them that do well." [158] And he that ever felt, or saw or can understand, the miseries of confusion in public affairs, or amazement in a heap off side, tumultuous, and indefinite thoughts, may from thence judge of the admirable effects of order, and the beauty of government. What health is to the body, and peace is to the spirit, that is government to the societies of men; the greatest blessing which they can reveive in that temporal capacity.

5. No man shall ever be fit to govern others that knows not first how to obey. For if the spirit of a subject be rebellious, in a prince it will be tyrannical and intolerable; and of so ill example, that as it will encourage the disobedience of others, so it will render it unreasonable for him to exact of others what in the like case he refuses to pay.

6. There is no sin in the world which God hath punished with so great severity and high detestation as this of disobedience. For the crime of idolatry God sent the sword amongst his people; but it was never heard that the earth opened and swallowed up any but rebels against their prince.

7. Obedience is better than the particular actions of religion; and he serves God better that follows his prince in lawful services than he that refuses his command upon pretence he must go say his prayers. But rebellion is compared to that sin which of all sin seems the most unnatural and damned impiety, -- Rebellion is as the sin of witchcraft.'

8. Obedience is a complicated act of virtue, and many graces are exercised in one act of obedience. It is an act of humility, of mortification and self denial, of charity to God, of care of the public, of order and charity to ourselves and all our society, and a great instance of a victory over the most refractory and unruly passions.

9. To be a subject is a greater temporal felicity than to be a king: for all eminent governors according to their height, have a great burden, huge care, infinite business, little rest, innumerable fears; and all that he enjoys above another is, that he does enjoy the things of the world with others go at his single command, it is also certain he must suffer inconveniences at the needs and disturbances of all his people; and the evils of one man and of one family are not enough for him to bear, unless also he be almost crushed with the evils of mankind. He, therefore, is an ungrateful person that will press the scales down with a voluntary load, and, by disobedience, put more thorns into the crown or mitre of his superior. Much better is the advice of St. Paul; "Obey them that have the rule over you, as they that must give an account for your souls, that they may do it with joy and not with grief; for (besides that it is unpleasant to them) it is unprofitable for you."

10. The angels are ministering spirits, and perpetually execute the will and commandment of God: and all the wise men and all the good men of the world are obedient to their governors; and the eternal Son of God esteemed it his meat and drink to do the will of his Father,' and for his obedience alone obtained the greatest glory: and no man ever came to perfection but by obedience; and thousands of saints have chosen such institutions and manners of living, in which they might not choose their own work, nor follow their own will, nor please themselves, but be accountable to others, and subject to discipline, and obedient to command; as knowing this to be the highway of the cross, the way that the King of sufferings and humility did choose, and so became the King of glory.

11. No man ever perished who followed first the will of God, and then the will of his superiors; but thousands have been damned merely for following their own will, and relying upon their own judgments, and choosing their own work, and doing their own fancies. For if we begin with ourselves, whatsoever seems good in our eyes is most commonly displeasing in the eyes of God.

12. The sin of rebellion, though it be a spiritual sin, and imitable by devils, yet it is of that disorder, unreasonableness, and impossibility, amongst intelligent spirits, that they never murmured or mutinied in their lower stations against their superiors. Nay, the good angels of an inferior order durst not revile a devil of a higher order. This consideration, which I reckon to be most pressing in the discourses of reason, and obliging next to the necessity of a Diving precept, we learn from St. Jude, viii.9, Likewise also these filthy dreamers despise dominion, and speak evil of dignities. And yet Michael the archangel, when, contending with the devil, he disputed about the body of Moses, durst not bring against him a railing accusation.'

But because our superiors rule by their example, by their word or law, and by the rod, therefore in proportion there are several degrees and parts of obedience -- several excellencies and degrees towards perfection. __________________________________________________________________

[157] Rom. xiii. 4.

[158] 1 Pet. ii. 14. __________________________________________________________________

Degrees of Obedience.

1. The first is the obedience of our outward work: and this is all that human laws of themselves regard; for because man cannot judge the heart, therefore it prescribes nothing to it: the public end is served, not by good wishes, but by real and actual performances, and if a man obeys against his will, he is not punishable by the laws.

2. The obedience of the will: and this is also necessary in our obedience to human laws, not because man requires it for himself, but because God commands it towards man; and if it, although man cannot, yet God will demand an account. For we are to do it as to the Lord, and not to men, and therefore we must do it willingly. But by this means our obedience in private is secured against secret arts and subterfuges; and when we can avoid the punishment, yet we shall not decline our duty, but serve man for God's sake, that is, cheerfully, promptly, vigorously; for these are the proper parts of willingness and choice.

3. The understanding must yield obedience in general, though not in the particular instance, that is, we must be firmly persuaded of the excellency of the obedience, though we be not bound, in all cases, to think the particular law to be most prudent. But, in this, our rule is plain enough. Our understanding ought to be inquisitive, whether the civil constitution agree with our duty to God; but we are bound to inquire no further: and therefore beyond this, although he who, having no obligation to it, (as counsellors have,) inquires not at all into the wisdom or reasonableness of the law, be not always the wisest man, yet he is ever the best subject. For when he hath given up his understanding to his prince and prelate, provided that his duty to God be secured by a precedent search, he hath also, with the best and with all the instruments in the world, secured his obedience to man. __________________________________________________________________ __________________________________________________________________

SECTION II. __________________________________________________________________

Of Provision, or that part of Justice which is due from Superiors to Inferiors.

As God hath imprinted his authority in several parts upon several estates of men, as princes, parents, spiritual guides; so he hath also delegated and committed parts of his care and providence unto them, that they may be instrumental in the conveying such blessings which God knows we need, and which he intends should be the effects of government. For since God governs all the world as a king, provides for us a father, and is the great guide and conductor of our spirits as the head of the church, and the great shepherd and the bishop of our souls, they who have portions of these dignities have also their share of the administration: the sum of all which is usually signified in these two words, governing and feeding, and is particularly recited in these following rules: __________________________________________________________________

Duties of Kings, and all the Supreme Power, as Lawgivers.

1. Princes of the people, and all that have legislative power, must provide useful and good laws for the defence of property, for the encouragement of labour, for the safeguard of their persons, for determining controversies, for reward of noble actions and excellent arts and rare inventions, for promoting trade, and enriching their people.

2. In the making laws, princes must have regard to the public dispositions, to the affections and disaffections of the people, and must not introduce a law with public scandal and displeasure; but consider the public benefit, and the present capacity of affairs, and general inclinations of men's minds. [159] For he that enforces a law upon a people against their first and public apprehensions, tempts them to disobedience, and makes laws to become snares and hooks to catch the people, and to enrich the treasury with the spoil and tears and cures of the commonalty, and to multiply their mutiny and their sin.

3. Princes must provide, that the laws be duly executed, for a good law without execution is like an unperformed promise: and therefore they must be severe exactors of accounts from their delegates and ministers of justice.

4. The severity of laws must be tempered with dispensations, pardons, and remissions, according as the case shall alter, and new necessities be introduced, or some singular accident shall happen, in which the law would be unreasonable or intolerable, as to that particular. And thus the people, with their importunity, prevailed against Saul in the case of Jonathan, and obtained his pardon for breaking the law which his father made, because his necessity forced him to taste honey; and his breaking the law, in that case, did promote that service whose promotion was intended by the law.

5. Princes must be fathers of the people, and provide such instances of gentleness, ease, wealth, and advantages, as may make mutual confidence between them; and must fix their security under God in the love of the people; which, therefore, they must, with all arts of sweetness, remission, popularity, nobleness, and sincerity, endeavour to secure to themselves.

6. Princes must not multiply public oaths without great, eminent, and violent necessity; lest the security of the king become a snare to the people, and they become false, when they see themselves suspected; or impatient, when they are violently held fast: but the greater and more useful caution is upon things than upon persons; and if security of kings can be obtained otherwise, it is better that oaths should be the last refuge, and when nothing else can be sufficient.

7. Let not the people be tempted with arguments or disobey, by the imposition of great and unnecessary taxes: for that lost to the son of Solomon the dominion of the ten tribes of Israel.

8. Princes must, in a special manner, be guardians of pupils and widows, not suffering then persons to be oppressed, or their estates imbeciled, or in any sense be exposed to the rapine of covetous persons; but be provided for by just laws, and provident judges, and good guardians, ever having an ear ready open to their just complaints, and a heart full of pity, and one hand to support them, and the other to avenge them.

9. Princes must provide, that the laws may be so administered that they be truly and really an ease to the people, not an instrument of vexation: and therefore must be careful, that the shortest and most equal ways of trials be appointed, fees moderated, and intricacies and windings as much cut off as may be, lest injured persons be forced to perish under the oppression, or under the law, in the injury, or in the suit. Laws are like princes, those best and most beloved who are most easy of access.

10. Places of judicature ought, at no hand, to be sold by pious princes, who remember themselves to be fathers of the people. For they that buy the office will sell the act; [160] and they that, at any rate, will be judges, will not, at any easy rate, do justice; and their bribery is less punishable, when bribery opened the door by which they entered.

11. Ancient privileges, favours, customs, and acts of grace, indulged by former kings to their people, must not, without high reason and great necessities, be revoked by their successors, nor forfeitures be exacted violently, nor penal laws urged rigorously, nor in light cases; nor laws be multiplied without great need; nor vicious persons, which are publicly and deservedly hated, be kept in defiance of popular desires; nor anything that may unnecessarily make the yoke heavy and the affection light, that may increase murmurs and lessen charity; always remembering, that the interest of the prince and the people is so enfolded in a mutual embrace, that they cannot be untwisted without pulling a limb off, or dissolving the bands and conjunction of the whole body.

12. All princes must esteem themselves as much bound by their word, by their grants, and by their promises, as the meanest of their subjects are by the restraint and penalty of laws; [161] and although they are superior to the people, yet they are not superior to their own voluntary concessions and engagements, their promises and oaths, when once they are passed from them. __________________________________________________________________

[159] Omittenda potius praevalida ct adulta vitia, quam hoe adsequi, ut palam fiat, quibus flagitiis impares simus.--Tacit.

[160] Chi compra il magistrato, forza e, che vendra la giustitia.

[161] Nalla lex (civilis) sibi soli conscientiam justitiaw suae debet, sed cis a quibus obsequim expectat--Tertul. Apolget. __________________________________________________________________

The Duty of Superiors as they are Judges.

1. Princes in judgment and their delegate judges must judge the causes of all persons uprightly and impartially, without any personal consideration of the power of the mighty, or the bribe of the rich, or the needs of the poor. For although the poor must fare no worse for his poverty, yet, in justice, be must fare no better for it; and although the rich must be no more regarded, yet he must not be less. And to this purpose the tutor of Cyrus instructed him, when in a controversy, where a great boy would have taken a large coat from a little boy, because his own was too little for him, and the other's was too big, he adjudged the great coat to the great boy: his tutor answered, "Sir, if you were made to judge of decency or fitness, you had judged well in giving the biggest to the biggest; but when you are appointed judge, not whom the coat did fit, but whose it was, you should have considered the title and the possession, who did the violence, and who made it, or who bought it." And so it must be in judgments between the rich and the poor: it is not to be considered what the poor man needs, but what is his own.

2. A prince may not, much less may inferior judges, deny justice, when it is legally and competently demanded: and if the prince will use his prerogative in pardoning an offender, against whom justice is required, he must be careful to give satisfaction to the injured person, or his relatives, by some other instrument; and be watchful to take away the scandal, that is, lest such indulgence might make persons more bold to do injury: and if he spares the life, let him change the punishment into that which may make the offender, if not suffer justice, yet do justice, and more real advantage to the injured person.

These rules concern princes and their delegates in the making or administering laws, in the appointing rules of justice, and doing acts of judgment. The duty of parents to their children and nephews is briefly described by St. Paul. __________________________________________________________________

The Duty of Parents to their Children.

1. Fathers, provoke not your children to wrath:' [162] that is, be tender-bowelled, pitiful, and gentle, complying with all the infirmities of the children, and, in their several ages, proportioning to them several usages, according to their needs and their capacities.

2. Bring them up in the nurture and admonition of the Lord:' that is, secure their religion; season their younger years with prudent and pious principles; make them in love with virtue; and make them habitually so, before they come to choose or to discern good from evil, that their choice or to discern good from evil, that their choice may be with less difficulty and danger. For while they are under discipline, they suck in all that they are first taught, and believe it infinitely. Provide for them wise, learned, and virtuous tutors, and good company and discipline, seasonable baptism, catechism, and confirmation. [163] For it is great folly to heap up much wealth for our children, and not to take care concerning the children for whom we get it: it is as if a man should take more care about his shoe than about his foot.

3. Parents must show piety at home; [164] that is, they must give good example and reverend deportment in the face of their children; and all those instances of charity, which usually endear each other -- sweetness of conversation, affability, frequent admonitions, all significations of love and tenderness, care and watchfulness -- must be expressed towards children, that they may look upon their parents as their friends and patrons, their defence and sanctuary, their treasuer and their guide. Hither is to be reduced the nursing of children, which is the first and most natural and necessary instance of piety which mothers can show to their babes; a duty from which nothing will excuse, but a disability, sickness, danger, or public necessity.

4. Parents must provide for their own, according to their condition, education and employment: called by St. Paul, a laying up for the children;' [165] that is, an enabling them, by competent portions, or good trades, arts, or learning, to defend themselves against the chances of the world, that they may not be exposed to temptation, to beggary, or unworthy arts. And although this must be done without covetousness, without impatient and greedy desires of making them rich; yet it must be done with much care and great affection, with all reasonable provision, and according to our power: and if we can, without sin, improve our estates for them, that also is part of the duty we owe to God for them. And this rule is to extend to all that descend from us, although we have been overtaken in a fault, and have unlawful issue; they also become part of our care, yet so as not to injure the production of the lawful bed.

5. This duty is to extend to a provision of conditions and an estate of life. [166] Parents must, according to their power and reason, provide husbands or wives for their children. [167] In which they must secure piety and religion, [168] and the affection and love of the interested persons; and after these let them make what provisions they can for other conveniences or advantages; ever remembering that they can do no injury more afflictive to the children than to join them with cords of a disagreeing affection; it is like tying a wolf and a lamb, or planting a vine in a garden of coleworts. Let them be persuaded with reasonable inducements to make them willing, and to choose according to the parent's wish; but at no hand let them be forced. Better to sit up all night than to go to bed with a dragon. __________________________________________________________________

[162] Ephes. vi. 4.

[163] Potior mihi ratio vivendi honeste, quam et opime dicendividetur.--Quintil. lib. i. cap. 2.

[164] Heb. xii. 9 Crates apud Plutarch. de Liber. Educand. 1 Tim. v. 4.

[165] 1 Tim. v. 1.

[166] Nurphenphaton uen ton eron patmph eros. Mertrnan exzi, koud euon donein tase.--Eurip. Androm. 988.

[167] Liberi sine consensu parentum contrahere non debeut. Andromache, apud Eurpiden, cum petita fuit ad nuptias, responidit, patris sui esse sponsalium suorum curam habere; et Achilles, apud Homerum, regis filiam sine patris sui consensu noluit ducere. II.9, 393. Et Justinanus Imp. alt. naturali simul et civili rationi congruere, ne filii ducant uxores citra parentum authoritatem. Simo Terentianus parat abdictionem, quia Pamphilus clam ipso duxisset uxorem. Istitsmodi sponalia frunt irrita, nisi velint parentes: at si subsequuta est copula, ne temere rescindantur connubia, toulue suadent cautiones et pericula. Liberi, autem, quamdiu secundum leges patrias sui juris non sunt, clandestinas nuptias si ineant, peccant contra quintum praeceptum, et jus naturale secundarium. Proprie enim loquendo parentes non habent sive potestatem, sed authoritatem; hebent jus jubendi aut prohibendi, sed non irritum faciendi. Atque etiam ista authoritas exercenda est sccudnum aequm et bonum; scil, nt ne morosus et difficilis sit pater. Mater enim vix habet aliquod juris praeter suasionis et amoris et gratitudinis. Si autem pater filiam non collocasset ante 25 annos, filia nubere poterat cui voluerat, ex jure Romanorum. Patrum enim authoritas major aut minor est ex legibus patriis, et solet extendi ad certam aetatem, et tum exspirat quoad matrimonium; et est major in filias quam filios.--Num. 30.

[168] Eosdem quos maritus nosse deos et colere s olos uxor debet; supervacaneis autem religionibus et alienis superstitionibus fores occludere. Nulli enim deum grata sunt sacra, quae mulier clanculum et furtim facit--Plutarch. Conjug. Praecept. Gen. 24. Vocemus puellam, et quaeramus os ejus.--The Duty of Husbands, etc. See Chap ii Sect. 3. __________________________________________________________________

Rules for Married Persons.

1. Husbands must give to their wives love, [169] maintenance, duty, and the sweetnesses of conversation; and wives must pay to them all they have or can, with the interest of obedience and reverence: and they must be complicated in affections and interest, that there must be no distinction between them of mine and thine. And if the title be the man's or the woman's, yet the use is to be common; only the wisdom of the man is a regulate all extravagances and indiscretions. In other things no question is to be made; and their goods should be as their children, not to be divided, but of one possession and provision: whatsoever is otherwise is not marriage but merchandise. And upon this ground I suppose it was, that St. Basil commended that woman who took part of her husband's good to do good works withal: [170] for supposing him to be unwilling, and that the work was his duty or here alone, or both theirs in conjunction, or of great advantage to either of their souls, and no violence to the support of their families, she had right to all that: and Abigail, of her own right, made a costly present to David when her husband Nabal had refused it. The husband must [171] rule over his wife, as the soul does over the body, obnoxious to the same sufferings, and bound by the same affections, and doing or suffering by the permissions and interest of each other: that (as the old philosopher said) as the humours of the body are mingled with each other in the whole substances, so marriage may be a mixture of interests, of bodies, of minds, of friends, a conjunction [172] of the whole life, and the noblest of friendships. But if, after all the fair deportments and innocent chaste compliances, the husband be morose and ungentle, let the wife discourse thus: "If while I do my duty, my husband neglects me, what will he do if I neglect him?" And if she things to be separated by reason of her husband's unchaste life, let her consider, that then the man will be incurable ruined, and her rivals could wish nothing more than that they might possess him alone. __________________________________________________________________

[169] Eoi ue deou tosa doten --

[170] Klepsasa kala klerrata aneu anoros tas eupoiad zpoimse

[171] Laetum esse debet et officiosum mariti imperium.-Plut. Namque es ei pater et frater, venerandaque mater; nec minus facit ad dignitatem viri, si mulier eum suum praeceptorem, philosophum, magistrumque appellet.--Putarch.

[172] Convictio est quasi quaedam intensio benevolentiae. Inferior matrona suo sit, sexte marito: Non aliter flunt foemina, virque pares. 18 __________________________________________________________________

The Duty of Masters of Families.

1. The same care is to extend to all of our family, in their proportions, as to our children: for as, by St. Paul's economy, the heir differs nothing from a servant, while he is in minority, so a servant should differ nothing from a child, in the substantial part of the care; and the difference is only in degrees. Servants and masters are of the same kindred, of the same nature, and heirs of the same promises, and therefore, 1. must be provided of necessaries, for their support and maintenance. 2. They must be used with mercy. 3. Their work must be tolerable and merciful. 4. Their restraints must be reasonable.
5. Their recreations fitting and healthful. 6. Their religion and the interest of souls taken care of. 7. And masters must correct their servants with gentleness, prudence, and mercy; not for every slight fault, not always, not with upbraiding and disgraceful language, but with such only as may express and reprove the fault, and amend the person. But in all these things measures are to be taken by the contract made, by the laws and customs of the place, by the sentence of prudent and merciful men, and by the cautions and remembrances given us by God; such as is that written by St. Paul, as knowing that we also have a Master in heaven.' The master must not be a lion in his house, lest his power be obeyed, and his person hated; his eye be waited on, and his business be neglected in secret. No servant will do his duty, unless he make a conscience, or love his master: if he does it not for God's sake or his master's, he will not need to do it always for his own. __________________________________________________________________

The Duty of Guardians or Tutors.

Tutors and guardians are in the place of parents; and what they are in fiction of law, they must remember as an argument to engage them do do in reality of duty. They must do all the duty of parents, excepting those obligations which are merely natural.

*The duty of ministers and spiritual guides to the people is of so great burden, so various rules, so intricate and busy caution, that it requires a distinct tractate by itself. __________________________________________________________________ __________________________________________________________________

SECTION III. __________________________________________________________________

Of Negotiation, or Civil Contracts.

This part of justice is such as depends upon the laws of man directly, and upon the laws of God only by consequence and indirect reason; and from civil laws or private agreements it is to take its estimate and measures: and although our duty is plain and easy, requiring of us honesty in contracts sincerity in affirming, simplicity in bargaining, and faithfulness in performing, yet it may be helped by the addition of these following rules and considerations. __________________________________________________________________

Rules and Measures of Justice in Bargaining.

1. In making contracts, use not many words; for all the business of a bargain is summed up in few sentences: and he that speaks least means fairest as having fewer opportunities or deceive.

2. Lie not at all, neither in a little thing nor in a great, neither in the substance nor in the circumstance, neither in word nor deed: that is, pretend not what is false, cover not what is true: and let the measure of your affirmation or denial be the understanding of your contractor; for he that deceives the buyer or the seller by speaking what is true in a sense not intended or understood by the other, is a liar and a thief. For in bargains you are to avoid not only what is false, but that also which deceives.

3. In prices of bargaining concerning uncertain merchandises, you may buy as cheap ordinarily, as you can; and sell as dear as you can, so it be, 1. without violence; and, 2. when you contract on equal terms with persons in all senses (as to the matter and skill of bargaining) equal to yourself, that is, merchants with merchants, wise men with wise men, rich with rich; and, 3. when there is no deceit, and no necessity and no monopoly: for in these cases, viz. when the contractors are equal, and no advantage on either side, both parties are voluntary, and therefore there can be no injustive or wrong to either. But then add also this consideration, that the public be not oppressed by unreasonable and unjust rates: for which the following rules are the best measure.

4. Let your prices be according to that measure of good and evil which is established in the fame and common accounts of the wisest and most merciful men, skilled in that manufacture or commodity; and be gain such which, without scandal, is allowed to persons in all the same circumstances.

5. Let no prices be heightened by the necessity or unskilfulness of the contractor: for the first is direct uncharitableness to the person, and injustice in the thing; because the man's necessity could not naturally enter into the consideration of the value of the commodity; and the other is deceit and oppression: much less must any man make necessities; as by engrossing a commodity, by monopoly, by detaining corn, or the like indirect arts; for such persons are unjust to all single persons, with whom, in such cases, they contract, and oppressors of the public.

6. In intercourse with others, do not do all which you may lawfully do: but keep something within thy power: and, because there is a latitude of gain in buying and selling, take not thou the utmost penny that is lawful, or which thou thinkest so; for although it be lawful, yet it is not safe; and he that gains all that he can gain lawfully this year, possibly next year will be tempted to gain something unlawfully.

7. He that sells dearer, by reason he sells not for ready money, must increase his price no higher than to make himself recompense for the loss which, according to the rules of trade, he sustained by his forbearance, according to common computation, reckoning in also the hazard, which he is prudently, warily, and charitably to estimate. But although this be the measure of his justice, yet because it happens either to their friends, or to necessitous and poor persons, they are, in these cases to consider the rules of friendship and neighbourhood, and the obligations of charity, lest justice turn into unmercifulness.

8. No man is to be raised in his price or rents in regard of any accident, advantage, or disadvantage of his person. [173] A prince must be used conscionably as well as a common person, and a beggar be treated justly as well as a prince: with this only difference, that, to poor persons, the utmost measure and extent of justice is unmerciful, which, to a rich person, is innocent, because it is just; and he needs not thy mercy and remission.

9. Let no man, for his own poverty, become more oppressing and cruel in his bargain, but quietly, modestly, diligently, and patiently, recommend his estate to God, and follow its interest and leave the success to him: for such courses will more probably advance his trade; they will certainly procure him a blessing and a recompense; and, if they cure not his poverty, they will take away the evil of it: and there is nothing else in it that can trouble him.

10. Detain not the wages of the hireling, for every degree of detention of it beyond the time is injustice and uncharitableness, and grinds his face, till tears and blood come out, but pay him exactly according to covenant, or according to his needs.

11. Religiously keep all promises and covenants, though made to your disadvantage, though afterwards you perceive you might have done better; and let not any precedent act of yours be altered by any after-accident. Let nothing make you break your promise, unless it be unlawful, or impossible: that is, either out of your natural, or out of your civil power, yourself being under the power of another; or that it be intolerably inconvenient to yourself, and of no advantage to another; or that you have leave expressed, or reasonably presumed.
[174]

12. Let no man take wages or fees for a work that he cannot do, or cannot with probability undertake, or in some sense profitably, and with ease, or with advantage manage. Physicians must not meddle with desperate diseases, and known to be incurable, without declaring their sense before hand; that if the patient please, he may entertain him at adventure, or to do him some little ease. Advocates must deal plainly with their clients, and tell them the true state and danger of their case; and must not pretend confidence in an evil cause: but when he hath so cleared his own innocence, if the client will have collateral and legal advantages obtained by his industry, he may engage his endeavour, provided he do no injury to the right cause, or any man's person.

13. Let no man appropriate to his own use what God, by a special mercy, or the republic, hath made common; [175] for that is both against justice and charity too; and by miraculous accidents, God hath declared his displeasure against such enclosure. When the kings of Naples enclosed the gardens of Cenotria, where the best manna of Calabria descends, that no man might gather it without paying tribute, the manna ceased till the tribute was taken off, and then it came again; and so, when after the third trial, the princes found they could not have that in proper which God made to be common, they left it as free as God gave it. The like happened in Epire; when Lysimachus laid an impost upon the Tragasaean salt, it vanished, till Lysimachus left it public. [176] And when the procurators of king Antigonus imposed a rate upon the sick people that came to Edepsum to drink the waters which were lately sprung, and were very healthful, instantly the waters dried up, and the hope of gain perished.

The sum of all is in these words of St. Paul, "let no man go beyond and defraud his brother, in any matter; because the Lord is the avenger of all sueth. [177] And our blessed Saviour, in enumerating the duties of justice, besides the commandment of Do not steal,' adds, [178] Defraud not,, forbidding (as a distinct explication of the old law) the tacit and secret theft of abusing our brother in civil contracts. And it needs no other arguments to enforce this caution, but only that the Lord hath undertaken to avenge all such persons. And as he always does it in the great day of recompenses, so very often he does it here, by making the unclean portion of injustice to be as a canker-worm eating up all the other increase: it procures beggary, and a declining estate, or a caitiff cursed spirit, an ill name, the curse of the injured and oppressed person, and a fool or a prodigal to be his heir. __________________________________________________________________

[173] Mercantia non vuol ne amici ne parenti.

[174] Surgam ad sponsalia, quia promisi, quamvis non concoxerim: sed non, si febricitavero: subest enim tacita exceptio, sipotero, si debebo. Effice ut idem status sit, cum exigitur, qui futi, cum promitterem. Desitiuere levitas non erit, si aliquid intervenit novi. Eadem mihi omnia praesta: et idem sum--Seneca. De Benefie. lib. iv. cap.39 Ruhk. voll iv. p. 197

[175] Brassavol. in exam. simpl.

[176] Caelius Rhod. 1. ix. c. 12. Athenae. Deipnos. 1. iii.

[177] 1 Thess. iv.6.

[178] Lev. xix. 13; 1 Cor. vi. 8; Matt. x. 19. __________________________________________________________________ __________________________________________________________________

SECTION IV. __________________________________________________________________

Of Restitution.

Restitution is that part of justice to which a man is obliged by a precedent contract, or a foregoing fault, by his own act or another man's, either with or without his will. He that borrows is bound to pay, and much more he that steals or cheats. [179] For if he that borrows, and pays not when he is able, be an unjust person and a robber, because he possesses another man's goods to the right owner's prejudice, then he that took them at first without leave is the same thing in every instant of his possession which the debtor is after the time in which he should, and could, have made payment. For, in all sins, we are to distinguish the transient or passing act from the remaining effect or evil. The act of stealing was soon over, and cannot be undone; and for it the sinner is only answerable to God, or his vicegerent; and he is, in a particular manner, appointed to expiate it by suffering punishment, and repenting, and asking pardon, and judging and condemning himself, doing acts of justice and charity, in opposition and contradiction to that evil action. But because, in the case of stealing, there is an injury done to our neighbour, and the evil still remains after the action is past, therefore for this we are accountable to our neighbour, and we are to take the evil off from him which we brought upon him; or else he is an injured person and a sufferer all the while; and that any man should be the worse for me, and my direct act, and by my intention, is against the rule of equity, of justice, and of charity; [180] I do not that to others which I would have done to myself, for I grow richer upon the ruins of his fortune. Upon this ground it is a determined rule in divinity, "Our sin can never be pardoned till we have restored what we unjustly took, or wrongfully detained:" restored it (I mean) actually, or in purpose and desire, which we must really perform, when we can. And this doctrine, besides its evident and apparent reasonableness, is derived from the express words of Scripture, reckoning restitution to be a part of repentance, necessary in order to the remission of our sins. If the wicked restore the pledge, give again that he had robbed, etc., he shall surely live, he shall not die.' [181] The practice of this part of justice is to be directed by the following rules:-- __________________________________________________________________

[179] Chi non vuol rendere, fa mal a prendere.

[180] Si tua culpa datum est damnum, jure super his satisfacere te oportet.

[181] Ezek. xxxiii. 15. __________________________________________________________________

Rules of making Restitution.

1. Whosoever is an effective real cause of doing his neighbour wrong, by what instrument soever he does it, (whether by commanding or encouraging it, by counselling or commending it, [182] by acting it, or not hindering it, when he might, and ought, by concealing it, or receiving it,) is bound to make restitution to his neighbour; if, without him, the injury had not been done, but, by him or his assistance, it was. For, by the same reason that every one of these is guilty of the sin, and is cause of the injury, by the same they are bound to make reparation; because by him his neighbour is made worse, and therefore is to be put into that state from whence he was forced. And suppose that thou hast persuaded an injury to be done to thy neighbour, which, others would have persuaded if thou hadst not, yet thou art still obliged, because thou really didst cause the injury, just as they had been obliged, if they had done it; and thou art not at all the less bound, by having persons as ill-inclined as thou wert.

2. He that commanded the injury to be done is first bound; then he that did it; and, after these they also are obliged who did so assist, as without them the thing would not have been done. If satisfaction be made by any of the former, the latter is tied to repentance, but no restitution; but if the injured person be not righted, every one of them is wholly guilty of the injustice, and therefore bound to restitution, singly and entirely.

3. Whosoever intends a little injury to his neighbour, and acts it, and by a greater evil accidentally comes, he is obliged to make an entire reparation of all the injury of that which he intended, and of that which he intended not, but yet acted by his own instrument going further than he at first purposed it. [183] He that set fire on a plane-tree to spite his neighbour, and the plane-tree set fire on his neighbour's house, is bound to pay for all the loss, because it did all rise from his own ill-intention. It is like murder committed by a drunken person, involuntary in some of the effect, but voluntary in the other parts of it, and in all the cause; and therefore the guilty person is answerable for all of it. And when Ariarathes, the Cappadocian king, had but in wantonness stopped the mouth of the river Melanus, although he intended no evil, yet Euphrates being swelled by that means, and bearing away some of the strand of Cappadocia, did great spoil to the Phrygians and Galatians; he, therefore, by the Roman senate, was condemned in three hundred talents, towards the reparation of the damage. Much rather, therefore, when the lesser part of the evil was directly intended.

4. He that hinders a charitable person from giving alms to a poor man is tied to restitution if he hindered him by fraud or violence, because it was a right which the poor man had, when the good man had designed and resolved it, and the fraud or violence hinders the effect but not the purpose; and therefore he who used the deceit or the force is injurious, and did damage to the poor man. But if the alms were hindered only by entreaty the hinderer is not tied to restitution, because entreaty took not liberty away from the giver, but left him still master of his own act, and he had power to alter his purpose, and so long there was no injustice done. [184] The same is the case of a testator giving a legacy, either by kindness, or by promise, and common right. He that hinders the charitable legacy by fraud or violence, or the due legacy by entreaty, is equally obliged to restitution. The reason of the latter part of this case is because he that entreats or persuades to a sin, is as guilty as he that acts it; and if, without his persuasion, the sin and the injury would not be acted, he is in his kind the entire cause, and therefore obliged to repair the injury as much as the person that does the wrong immediately.

5. He that refuses to do any part of his duty (to which he is otherwise obliged) without a bribe, is bound to restore that money, because he took it in his neighbour's wrong, and not as a salary for his labour, or a reward for his wisdom, (for his stipend hath paid all that,) or he hath obliged himself to do it by his voluntary undertaking.

6. He that takes anything from his neighbour which was justly forfeited, but yet takes it not as a minister of justice, but to satisfy his own revenge or avarice, is tied to repentance, but not to restitution. For my neighbour is not the worse for my act, for thither the law and his own demerits bore him; but because I took the forfeiture indirectly I am answerable to God for my unhandsome, unjust, or uncharitable circumstances. Thus Philip of Macedon was reproved by Aristides for destroying the Phoeenses, because, although they deserved it, yet he did it not in prosecution of the law of nations, but to enlarge his own dominions.

7. The heir of an obliged person is not bound to make restitution if the obligation passed only by a personal act; but if it passed from his person to his estate, then the estate passes with all its burden. If the father, by persuading his neighbour to do injustice, be bound to restore, the action is extinguished by the death of the father, because it was only the father's sin that bound him, which cannot directly bind the son; therefore the son is free. And this is so in all personal actions, unless where the civil law interposes and alters the case.

*These rules concern the persons that are obliged to make restitution; the other circumstances of it are thus described.

8. He that by fact, or word, or sign, either fraudulently or violently, does hurt to his neighbour's body, life, goods, good name, friends, or soul, is bound to make restitution in the several instances, according as they are capable to be made. In all these instances we must separate entreaty and enticements from deceit or violence. If I persuade my neighbour to commit adultery, I still leave him or her in their own power, and though I am answerable to God for my sin, yet not to my neighbour. For I made her to be willing, yet she was willing, [185] that is, the same at last as I was at first. But if I have used fraud, and made her to believe a lie, [186] upon which confidence she did the act, and without she would not, (as if I tell a woman her husband id dead, or intended to kill her, or is himself an adulterous man,) or if I use violence, that is, either force her or threaten her with death or a grievous wound, or anything that takes her from the liberty of her choice, I am bound to restitution; that is, to restore her to a right understanding of things and to a full liberty, by taking from her the deceit or the violence.

9. An adulterous person is tied to restitution of the injury, so far as it is reparable, and can be made to the wronged person; that is, to make provision for the children begotten in unlawful embraces, that they may do no injury to the legitimate by receiving a common portion; and if the injured person do account of it, he must satisfy him with money for the wrong done to his bed. He is not tied to offer this, because it is no proper exchange, but he is bound to pay it if it be reasonably demanded; for every man hath justice done when himself is satisfied, though by a word, or an action, or a penny.

10. He that hath killed a man is bound to restitution, by allowing such a maintenance to the children and near relatives of the deceased as they have lost by his death, considering and allowing for all circumstances of the man's age, and health, and probability of living. And thus Hercules is said to have made expiation for the death of Iphitus, whom he slew, by paying a lulct to his children.

11. He that hath really lessened the fame of his neighbour by fraud or violence is bound to restore it by its proper instruments; such as are confession of his fault, giving testimony of his innocence or worth, doing him honour, or (if that will do it, and both parties agree) by money, which answers all things. [187]

12. He that hath wounded his neighbour is tied to the expenses of the surgeon and other incidences, and to repair whatever loss he sustains by his disability to work or trade; and the same is in the case of false imprisonment, in which cases only the real effect and remaining detriment are to be mended and repaired, for the action itself is to be punished or repented of, and enters not into the question of restitution. But in these and all other cases, the injured person is to be restored to that perfect and good condition from which he was removed by my fraud or violence, so far as is possible. Thus a ravisher must repair the temporal detriment or injury done to the maid, and give her a dowry, or marry her if she desire it. For this restores her into that capacity of being a good wife, which by the injury was lost, as far as it can be done.

13. He that robbeth his neighbour of his goods, or detains anything violently or fraudulently, is bound not only to restore the principal, but all its fruits and emoluments, which would have accrued to the right owner during the time of their being detained. By proportion to these rules we may judge of the obligation that lies upon all sorts of injurious persons; the sacrilegious, the detainers of tithes, cheaters of men's inheritances, unjust judges, false witnesses, and accusers; those that do fraudulently or violently bring men to sin, that force men to drink, that laugh at and disgrace virtue, that persuade servants to run away or commend such purposes; violent persecutors of religion in any instance; and all of the same nature.

14. He that hath wronged so many, or in that manner (as in the way of daily trade) that he knows not in what measure he hath done it, or who they are, must redeem his fault by alms and dargesses to the poor, according to the value of his wrongful dealing, as near as he can proportion it. Better it is to go begging to heaven, than to go to hell laden with the spoils of rapine and injustice.

15. The order of paying the debts of contract or restitution is, in some instances, set down by the civil laws of a kingdom, in which cases their rule is to be observed. In destitution, or want of such rules, we are, 1. to observe the necessity of the creditor; 2. then the time of the delay; and, 3. the special obligations of friendship or kindness; and, according to these, in their several degrees, make our restitution, if we be not able to do all that we should; but, if we be, the best rule is to do it so soon as we can, taking our accounts in this, as in our human actions, according to prudence, and civil or natural conveniences or possibilities, only securing these two things;
1. that the duty be not wholly omitted; and, 2. that it be not deferred at all out of covetousness, or any other principle that is vicious. Remember that the same day in which Zaccheus made restitution to all whom he had injured, the same day Christ himself, pronounced that salvation was come to his house. [188]

16. But besides the obligation arising from contract or default, there is one of another sort which comes from kindness, and the acts of charity and friendship. [189] He that does me a favour hath bound me to make him a return of thankfulness. The obligation comes not by covenant, not by his own express intention, but by the nature of the thing, and is a duty springing up within the spirit of the obliged person, to whom it is more natural to love his friend, and to do good for good, than to return evil for evil, because a man may forgive an injury, but he must never forget a good turn. For everything that is excellent, and everything that is profitable, whatsoever is good in itself, or good to me, cannot but be beloved; and what we love we naturally cherish and do good to. He, therefore, that refuses to do good to them whom he is bound to love, or to love that which did him good, is unnatural and monstrous in his affections, and thinks all the world born to minister to him with a greediness worse than that of the sea, which, although it receives all rivers into itself, yet it furnishes the clouds and springs with a return of all they need.

Our duty to benefactors is to esteem and love their persons, to make them proportionable returns of service, or duty, or profit, according as we can, or as they need, or as opportunity presents itself, and according to the greatness of their kindness, and to pray to God to make them recompense for all the good they have done to us; which last office is also requisite to be done for our creditors, who, in charity, have relieved our wants. __________________________________________________________________

[182] Goth. 3. Qui laudat servum fugitivum, tenetur. Non enim oportet laudando augeri maium. -- Ulpian. in lib. i. cap. de servo corrupto.

[183] Etiamsi partem damni dare noluisti, in totum quasi prudens dederis, tenendus es. Fx toto enim nolaisse debet qui imprudentia defenditur. Sen. Contr. Involuntarium ortum ex voluntario censetur pro voluntario.--Strabo.

[184] Pleonektei onsen o ou boezesas chrebasi oi anelenxerian.--Eth. 1. v. c. 4.

[185] Di alloroion ergon ptaiei onxeis,--Epict.

[186] Non licet suffurari mentem vel Samaritani.--R. Maimon. Can. Eth.

[187] Sic Vivianus resipuit de injusta accusatione: apud Cassiodo. 4.41.

[188] Luke, xix. 9.

[189] Gratitude. __________________________________________________________________ __________________________________________________________________

PRAYERS RELATING TO JUSTICE.

PRAYERS TO BE SAID IN RELATION TO THE SEVERAL OBLIGATIONS AND OFFICES OF JUSTICE. __________________________________________________________________

A Prayer for the Grace of Obedience, to be said by all Persons under Command.

O eternal God, great ruler of men and angels, who hast constituted all things in a wonderful order, making all the creatures subject to man, and one man to another, and all to thee, the last link of this admirable chain being fastened to the foot of thy throne; teach me to obey all those whom thou hast set over me, reverencing their persons, submitting indifferently to all their lawful commands, cheerfully undergoing those burdens which the public wisdom and necessity shall impose upon me, at no hand murmuring against government, lest the spirit of pride and mutiny, of murmur and disorder, enter into me, and consign me to the portion of the disobedient and rebellious, of the despisers of dominion, and revilers of dignity. Grant this, O holy God, for his sake, who, for his obedience to the Father, hath obtained the glorification of eternal ages, our Lord and Saviour Jesus Christ. Amen.

*Prayers for kings and all magistrates, for our parents, spiritual and natural, are in the following litanies, at the end of the fourth chapter. __________________________________________________________________

A Prayer to be said by Subjects when the Land is invaded and overrun by barbarous or wicked People, enemies of the Religion or the Government.

I.

O eternal God, thou alone rulest in the kingdoms of men; thou art the great God of battles and recompenses; and by thy glorious wisdom, by thy almighty power, and by thy secret providence, dost determine the events of war, and the issues of human counsels, and the returns of peace and victory: now at last be pleased to let the light of thy countenance, and the effects of a glorious mercy and a gracious pardon, return to this land. Thou seest how great evils we suffer under the power and tyranny of war, and although we submit to and adore thy justice in our sufferings, yet be pleased to pity our misery, to hear our complaints, and to provide us of remedy against our present calamities; let not the defenders of a righteous cause go away ashamed, nor our counsels be for ever confounded, nor our parties defeated, nor religion suppressed, nor learning discountenanced, and we be spoiled of all the exterior ornaments, instruments, and advantages of piety, which thou hast been pleased formerly to minister to our infirmities, for the interests of learning and religion. Amen.

II.

We confess, dear God, that we have deserved to be totally extinct and separate from the communion of saints and the comforts of religion, to be made servants of ignorant, unjust, and inferior persons, or to suffer any other calamity which thou shalt allot us as the instrument of thy anger, whom we have so often provoked to wrath and jealousy. Lord, we humbly lie down under the burden of thy rod, begging of thee to remember our infirmities, and no more to remember our sins, to support us with thy staff, to lift us up with thy hand, to refresh us with thy gracious eye; and if a sad cloud of temporal infelicities must still encircle us, open unto us the window of heaven, that, with an eye of faith and hope, we may see beyond the cloud, looking upon those mercies which, in thy secret providence and admirable wisdom, thou designest to all thy servants from such unlikely and sad beginnings. Teach us diligently to do all our duty, and cheerfully to submit to all thy will; and, at last, be gracious to thy people that call upon thee, that put their trust in thee, that have laid up all their hopes in the bosom of God, that, besides thee, have no helper.

Amen.
III.

Place a guard of angels about the person of the king, and immure him with the defence of thy right hand, that no unhallowed arm may do violence to him. Support him with aids from heaven in all his battles, trials, and dangers, that he may, in every instant of his temptation, become dearer to thee; and do thou return to him with mercy and deliverance. Give unto him the hearts of all his people, and put into his hand a prevailing rod of iron, a sceptre of power, and a sword of justice; and enable him to defend and comfort the churches under his protection.

IV.

Bless all his friends, relatives, confederates, and lieges, direct their counsels, unite their hearts, strengthen their hands, bless their actions. Give unto them holiness of intention, that they may, with much candour and ingenuity, pursue the cause of God and the king. Sanctify all the means and instruments of their purposes, that they may not with cruelty, injustice, or oppression, proceed towards the end of their just desires; and do thou crown all their endeavours with a prosperous event, that all may co-operate to, and actually produce, those great mercies which we bed of thee -- honour and safety to our sovereign, defence of his just rights, peace to his people, establishment and promotion to religion, advantages and encouragement to learning and holy living, deliverance to all the oppressed, and comfort to all thy faithful people. Grant this, O King of kings, for his sake, by whom thou hast consigned us to all thy mercies and promises, and to whom thou hast given all power in heaven and earth, our Lord and Saviour Jesus Christ. Amen. __________________________________________________________________

A Prayer to be said by Kings or Magistrates for themselves and their People.

O my God and King, thou rulest in the kingdoms of men; by thee kings reign, and princes decree justice; thou hast appointed me under thyself (and under my prince [190] ) to govern this portion of thy church, according to the laws of religion and the commonwealth. O Lord, I am but an infirm man, and know not how to decree certain sentences without erring in judgment; but do thou give to thy servant an understanding heart to judge this people, that I may discern between good and evil. Cause me to walk, before thee and all the people, in truth and righteousness, and in sincerity of heart, that I may not regard the person of the mighty, nor be afraid of his terror, nor despise the person of the poor, and reject his petition; but that, doing justice to all men, I and my people may receive mercy of thee, peace and plenty in our days, and mutual love, duty, and correspondence; that there be no leading into captivity, no complaining in our streets, but we may see the church in prosperity all our days, and religion established and increasing. Do thou establish the house of thy servant, and bring me to a participation of the glories of thy kingdom, for his sake, who is my Lord and King, the holy and ever blessed Saviour of the world, our Redeemer, Jesus. Amen. __________________________________________________________________

[190] These words to be added by a delegate or inferior. __________________________________________________________________

A Prayer to be said by Parents for their Children.

O almighty and most merciful Father, who hast promised children as a reward to the righteous, and hast given them to me as a testimony of thy mercy, and an engagement of my duty, be pleased to be a Father unto them, and give them healthful bodies, understanding souls, and sanctified spirits, that they may be thy servants and thy children all their days. Let a great mercy and providence lead them through the dangers and temptations and ignorances of their youth, that they may never run into folly and the evils of an unbridled appetite. So order the accidents of their lives, that by good education, careful tutors, holy example, innocent company, prudent counsel, and thy restraining grace, their duty to thee may be secured in the midst of a crooked and untoward generation; and if it seem good in thy eyes, let me be enabled to provide conveniently for the support of their persons, that they may not be destitute and miserable in my death; or if thou shalt call me off from this world by a more timely summons, let their portion be, thy care, mercy, and providence over their bodies and souls; and may they never live vicious lives, nor die violent or untimely deaths; but let them glorify thee here with a free obedience, and the duties of a whole life, that when they have served thee in their generations, and have profited the Christian commonwealth, they may be coheirs with Jesus in the glories of thy eternal kingdom, through the same our Lord Jesus Christ. Amen. __________________________________________________________________

A Prayer to be said by Masters of Families, Curates, Tutors, or other obliged Persons, for their Charges.

O eternal God, thou fountain of justice, mercy, and benediction, who, by my education and other effects of thy providence, hast called me to this profession, that, by my industry, I may, in my small proportion, work together for the good of myself and others, I humbly beg thy grace to guide me in my intention, and in the transaction of my affairs, that I may be diligent, just, and faithful; and give me thy favour, that this my labour may be accepted by thee as a part of my necessary duty; and give me thy blessing to assist and prosper me in my calling to such measures as thou shalt, in mercy, choose for me; and be pleased to let thy Holy Spirit be for ever present with me, that I may never be given to covetousness and sordid appetites, to lying and falsehood, or any other base, indirect, and beggarly arts; but give me prudence, honesty, and Christian sincerity, that my trade may be sanctified by my religion, by labour, by my intention and thy blessing, that when I have done my portion of work thou hast allotted me, and improved the talent thou hast entrusted to me, and served the commonwealth in my capacity, I may receive the mighty price of my high calling, which I expect and beg, in the portion and inheritance of the ever-blessed Saviour and Redeemer, Jesus. Amen. __________________________________________________________________

A Prayer to be said by Debtors, and all Persons obliged, whether by Crime or Contract.

O almighty God, who art rich unto all, the treasury and fountain of all good, of all justice, and all mercy, and all bounty, to whom we owe all that we are, and all that we have, being thy debtors by reason of our sins, and by thy own gracious contract made with us in Jesus Christ; teach me, in the first place to perform all my obligations to thee, both of duty and thankfulness; and next, enable me to pay my duty to all my friends, and my debts to all my creditors, that none be made miserable or lessened in his estate by his kindness to me, or traffic with me. Forgive me all those sins and irregular actions by which I entered into debt further than my necessity required, or by which such necessity was brought upon me; but let not them suffer by occasion of my sin. Lord, reward all their kindness into their bosoms, and make them recompense where I cannot, and make me very willing in all that I can, and able for all that I am obliged to; or, if it seem good in thine eyes to afflict me by the continuance of this condition, yet make it up by some means to them, that the prayer of thy servant may obtain of thee, at least, to pay my debt in blessings. Amen.

V.

Lord, sanctify and forgive all that I have tempted to evil by my discourse or my example, instruct them in the right way whom I have led to error, and let me never run further on the score of sin; but do thou blot out all the evils I have done by the sponge of thy passion, and the blood of thy cross, and give me a deep and an excellent repentance, and a free and a gracious pardon, that thou mayest answer for me, O Lord, and enable me to stand upright in judgment; for in thee, O Lord, have i trusted, let me never be confounded. Pity me and instruct me, guide me and support me, pardon me and save me, for my sweet Saviour Jesus Christ's sake. Amen. __________________________________________________________________

A Prayer for Patron and Benefactors.

O mighty God, thou fountain of all good, of all excellency both to men and angels, extend thine abundant favour and loving-kindness to my patron, to all my friends and benefactors; reward them and make them plentiful recompense for all the good which from thy merciful providence they have conveyed unto me. Let the light of thy countenance shine upon them, and let them never come into any affliction or sadness, but such as may be an instrument of thy glory and their eternal comfort. Forgive them all their sins; let thy divinest Spirit preserve them from all deeds of darkness; let thy ministering angels guard their persons from the violence of the spirits of darkness. And thou who knowest every degree of their necessity by thy infinite wisdom, give supply to all their needs by thy glorious mercy, preserving their persons, sanctifying their hearts, and leading them in the ways of righteousness, by the waters of comfort, to the land of eternal rest and glory, through Jesus Christ our Lord. Amen. __________________________________________________________________ __________________________________________________________________

[151] Rom. xiii 7.

[152] 1 Pet. iv. 10. __________________________________________________________________