The Rule and Exercises of Holy Living and Dying III. OF CHRISTIAN JUSTICE Introduction Justice is, by the Christian religion, enjoined in all its parts by the two following propositions in Scripture: “Whatever you want men to do to you, do also to them” (Matt. 7:12). 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 particular individuals 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. 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, honor to whom honor. Owe no man any thing, but to love one another” (Rom. 13:7–8). As the first considers an equality of persons in respect of the contract, or particular necessity, this supposes a difference of persons, and no particular bargains, but such necessary interactions as by the laws of God or man are introduced. I shall reduce all the particulars of both kinds to these four heads: 1) obedience, 2) provision, 3) negotiation, and 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 are called accordingly, ecclesiastical or civil. Toward whom our duty is thus generally described in the New Testament. For civil governors the commands are these: “Render to Caesar the things that are Caesar’s” (Mark 12:17); 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 resists the power, resists the ordinance of God; and those who resist shall receive to themselves damnation” (Rom. 13:1–2). Also, “Put them in mind to be subject to principalities and powers, and to obey magistrates” (Titus 3:1); 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 those who are sent by him for the punishment of evildoers, and the praise of those who do well” (1 Peter 2:13–14). For ecclesiastical governors, thus we are commanded: “Obey those who have the rule over you, and submit yourselves, for they watch for your souls as those who must give an account” (Heb. 13:17); and, “Hold such in reputation” (Phil. 2:29); and, “To this end did I write, that I might know the proof of you, whether you be obedient in all things,” said St. Paul to the church of Corinth (2 Cor. 2:9). Our duty is reducible to practice by the following rules. Duties of Obedience to 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 reason of the law is to be preferred 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 leave to omit the observation of it in such circumstances, if there be any persons appointed for granting it; but if there be none, or if it is not easily to be had, we are dispensed with in the nature of the thing, without further process. 4. As long as the law is obligatory, so long our obedience is due; and he who begins a contrary custom, without reason, sins. But he who 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 up to a custom. 5. Obedience to human laws must be for the sake of conscience; that is, because in such obedience public order and benefit is 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. 6. Although from inferior judges we may appeal where the law permits us, yet we must rest in the judgment of the supreme; and if we are wronged, we must complain to God of the injury, not of the persons, and he will deliver us from unrighteous judges. 7. Do not believe you have kept the law, when you have suffered the punishment. For although patiently to submit is 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 she uses punishment as a means to secure obedience for the future. 8. Human laws are not to be broken with scandal, nor at all without reason; for he who does it cautiously is a despiser of the law, and undervalues the authority. 9. Pay that reverence to your prince, to the persons of his ministers, of your parents and spiritual guides, which by the customs of the place you live in are usually paid to such persons in their several degrees. 10. Do not lift your hand against your prince or parent, upon any pretense whatsoever; but bear all personal affronts and inconveniencies at their hands, and seek no remedy but by patience and piety, yielding and praying, or absenting yourself. 11. “Speak not evil of the ruler of your people” (Acts 23:5), neither “curse your father or mother” (Matt. 15:4), nor revile your 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. 12. Pay tribute and custom to princes according to the laws, and maintenance to your parents according to their necessity, and honorable support to the clergy, according to the dignity of their work, and the customs of the people. 13. 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. The consequence of which is this, so far as concerns our duty: if princes or parents 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. Section II Of That Part of Justice Which Is Due from Superiors to Inferiors As God has imprinted his authority in several parts upon several states of men, as princes, parents, spiritual guides; so he has also delegated and committed part of his care and providence unto them, that they may be instrumental in 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 King, provides for us as Father, and is the great Guide of our spirits as the Head of the church, and the great Shepherd and 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 Powers, as Lawgivers 1. Princes of the people, and all who have legislative power, must provide useful and good laws for the defense of propriety, for the encouragement of labor, for the safeguard of their persons, for determining controversies, for reward of noble actions, and excellent arts and rare inventions. 2. 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. 3. Princes must be fathers of the people, and provide such instances of gentleness, ease, wealth, and advantages as may make mutual confidence between them. They must fix their security, under God, in the love of the people; which therefore they must, with all arts of sweetness, popularity, nobleness, and sincerity, endeavor to secure to themselves. The Duty of Superiors as They Are Judges 1. 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. 2. A prince may not, much less may inferior judges, deny justice when it is legally and competently demanded. The Duty of Parents to Their Children 1. “Fathers, do not provoke your children to wrath” (Eph. 6:4); that is, be tenderhearted, compassionate and gentle, complying with all the innocent infirmities of your 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” (Eph. 6:4); that is, season their younger years with pious principles, make them in love with virtue, and make them habitually so before they come to choose or discern good from evil, that their choice may be with less difficulty and danger. 3. Parents must show piety at home; that is, they must give good example and reverent behavior in the face of their children; and all those instances of charity which usually endear each other; sweetness of conversation, affability, frequent admonition, all significations of love and tenderness, care and watchfulness, must be expressed toward children, that they may look upon their parents as their friends and patrons, their defense and sanctuary, their treasure and their guide. 4. Parents must provide for their own, according to their condition, education, and employment; called, by St. Paul, “a laying up for their children”; that is, an enabling them—by competent portions, or good trades, arts, or learning—to defend themselves against the world, that they may not be exposed to temptation, beggary, or unworthy arts. 5. This duty is to extend to a provision of conditions and a state of life. Parents must, according to their power and reason, provide husbands or wives for their children; in which they must secure piety and religion, 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 their children than to join them with cords of a disagreeing affection. Rules for Married Persons Husbands must give to their wives love, maintenance, duty, and the sweetness of conversation; and wives must pay to them all they have or can, with the interest of obedience and reverence. They must be complicated in affections and interest, that there be no distinction between them of yours and mine. And if the title is the man’s or the woman’s, yet the use must be common; only the wisdom of the man is to regulate all extravagancies 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. The husband must rule over the 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 humors of the body are mingled with each other in the whole substance, so marriage may be a mixture of interests, of bodies, of minds, of friends; a conjunction of the whole life, and the noblest of friendships. But if, after all the fair actions, and innocent chaste compliances, the husband is 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?” The Duty of Masters of Families The same care is to be extended 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, and of the same nature, and heirs of the same promises. And, therefore, 1) they must be provided with necessities 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 religion must be taken care of; and 6) 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 written by St. Paul, “as knowing that we also have a Master in heaven” (Col. 4:1). 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 makes a conscience of it, or loves his master. If he does it not for God’s sake, or his master’s, he will not always for his own. The duty of ministers and spiritual guides to the people is of so great a burden, so various in rules, so intricate and busy with caution, that it requires a distinct tract by itself. Section III Of 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 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, do not use many words; for all the business of a bargain is summed up in few sentences; and he who speaks least, means fairest, as having fewer opportunities to 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 who 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 also that which deceives. 3. Let no prices be heightened by the necessity or unskillfulness of the contractor. For the first is directly uncharitable to the person, and injustice in the thing; and the other is deceit and oppression. Much less must any man make necessities, as by engrossing a commodity, 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. 4. In interactions with others, do not do all that you may lawfully do; but keep something within your power. And because there is a latitude of gain in buying and selling, take not the utmost penny that is lawful, or which you think so; for although it be lawful, yet it is not safe; and he who gains all that he can gain lawfully this year, possibly next year will be tempted to gain something unlawfully. 5. Let no man, for his own poverty, become more oppressing 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 do not cure his poverty, they will take away the evil of it; and there is nothing else in it that can trouble him. 6. Do not detain the wages of the hireling; for every degree of detention of it beyond the time is injustice and lack of charity, and grinds his face till tears and blood come out. But pay him exactly according to his covenant, or according to his needs. 7. Religiously keep all your promises and covenants, though made to your disadvantage, though afterward you perceive you might have done better. And let not any precedent act of yours be altered by any subsequent circumstance. Let nothing make you break your promise, unless it is unlawful or impossible. 8. Let no man appropriate to his own use what God, by a special mercy, or the republic has made common; for that is both against justice and charity too. And by miraculous accidents God has declared his displeasure against such enclosure. When the kings of Naples enclosed the gardens of Oenotria, 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, after the third trial, when 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. And when the procurators of King Antigonus imposed a rate upon the sick people that came to Edepsum to drink the waters that were lately sprung, and were very healthy, instantly the waters dried up, and the hope of gain perished. Section IV Of Restitution Restitution is that part of justice to which every 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 who borrows is bound to pay, and much more he who steals or cheats. For if he who borrows and does not pay when he is able, is an unjust person and a robber, because he possesses another man’s goods to the right owner’s prejudice; then he who took them at first without leave, is the same thing, in every instant of his possession, in which the debtor is after the time in which he could have made payment. 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 neighbor, and the evil still remains after the action is past; therefore for this we are accountable to our neighbor, and we are to take the evil off from him which we brought upon him, or else he is an injured person, a sufferer all the while. And that any man should be the worse on account of me, is against the rule of equity, of justice, and of charity: I do not do 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 have unjustly taken, or wrongfully detained”; restored it, I mean, actually, or in purpose or desire, which we must really perform when we can. And this doctrine, besides its apparent reasonableness, is derived from the express words of Scripture, reckoning restitution to be a necessary part of repentance, in order to the remission of our sins: “If the wicked restore the pledge, give again what he has robbed . . . he shall surely live, he shall not die” (Ezek. 33:15). The practice of this part of justice is to be directed by the following rules. Rules of Making Restitution 1. Whosoever is a real cause of doing his neighbor wrong, by whatever instrument he does it (whether by commanding or encouraging it, by counseling or commending it, by acting or not hindering it when he might and ought, by concealing or receiving it), is bound to make restitution to his neighbor. Suppose you have persuaded an injury to be done to your neighbor which others would have persuaded if you had not; yet you are still obliged, because you did cause the injury, just as they would have been obliged if they had done it; and you are not at all less bound by having persons as ill-inclined as you were. 2. He who commanded the injury to be done is first bound, then he who did it, and after these, they also are obliged who did assist, as without them the thing would not have been done. If satisfaction is made by any of the former, the latter is tied to repentance, but no restitution. But if the injured person is 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 neighbor, and enacts it, and by it 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 farther than he at first proposed. He who set fire to a plane-tree to spite his neighbor, and the planetree set fire to his neighbor’s house, is bound to pay for all the loss, because it did all arise from his own ill intention. 4. He who 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 neighbor’s wrong. 5. He who by fact, word, or sign, either fraudulently or violently does hurt to his neighbor’s body, life, goods, good name, friends, or soul is bound to make restitution in the several instances, according as they are capable of being made. 6. He who robs his neighbor of his goods, or detains anything violently or fraudulently, is bound not only to restore the principal, but all its fruits and wages which would have accrued to the right owner during the time of their being detained. 7. He who has wronged so many, or in that manner (as in the way of daily trade) that he knows not in what measure he has done it, or who they are, must redeem his faults by alms 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 plunder and injustice. Our duty to benefactors is to esteem and love their persons, to make them proportional returns of service, or duty, or profit, according to the greatness of their kindness, and to pray to God to make them recompense for all the good they have done us; which last office is also requisite to be done for our creditors, who in charity have relieved our wants.