it permitted by St. Paul, who, when for the scandal's sake, he forbade going to law before unbelievers,' and for the danger and temptation's sake, and the latent irregularity which is certainly appendant to ordinary litigations, he is angry indefinitely with them that go to law; yet he adviseth that Christian arbitrators be appointed for decision of emergent questions. And therefore, when the supreme authority hath appointed and regularly established an arbitrator, the permission is the same. St. Paul is angry that among Christians there should be suits, but it is therefore he is chiefly angry because Christians do wrong they who should rather suffer wrong, yet that they should do it, and defraud their brother, which in some sense enforces suits; that is it he highly blames. But when injustice is done, and a man is in a considerable degree defrauded, then it is permitted to him to repeat his own before Christian arbitrators, whether chosen by private consent or public authority; for that circumstance makes no essential alteration in the question. But then this must be done with as much simplicity and unmingled design as is possible; without any desire of rendering evil to the person of the offender, without arts of heightening the charge, without prolongation, devices, and arts of vexation, without anger and animosities; and then, although accidentally there is some appendant charge to the offending person, that is not accounted upon the stock of revenge, because it was not designed, and is not desired, and is cared for to prevent it as much as may be, and therefore offer was made of private and unchargeable arbitrators: and this being refused, the charge and accidental evil, if it be less than the loss of my sufferance and injury, must be reckoned to the necessity of affairs, and put upon the stock of his injustice, and will not affix a guilt upon the actor. I say, this is true, when the actor hath used all means to accord it without charge, and when he is refused, manages it with as little as he can, and when it is nothing of his desire, but something of his trouble, that he cannot have his own without the lesser accidental evil to the offender, and that the question is great and weighty in its proportion, then a suit of law is of itself lawful. But then let it be remembered how many ways afterwards it may become unlawful, and I have no more to add in this article, but the saying of the son of Sirach: He that loves danger shall perish in it.' And certainly he had need be an angel that manages a suit innocently: and he that hath so excellent a spirit as with innocence to run through the infinite temptations of a lawsuit, in all probability hath so much holiness as to suffer the injury, and so much prudence as to avoid the danger. And therefore nothing but a very great defalcation or ruin of a man's estate will, from the beginning to the end, justify such a controversy. When the man is put to it so that he cannot do some other duty without venturing in this, then the grace of God is sufficient for him: but he that enters lightly shall walk dangerously, and a thousand to one but he will fall foully. It is utterly a fault among you,' said St. Paul, because ye go to law one with another.' It is not always a crime, but even a fault and an irregularity, a recession from Christian perfection, and an entertaining of a danger; which though we escape through, yet it was a fault to have entered into it, 1 Cor. vi. 7. Ολως ἥττημα, not παράτωμα. 2 when we might have avoided it. And even then, when it is lawful for us, it is not expedient:' for so the apostle sums up his reprehension concerning Christians going to law. We must rather take wrong, rather suffer ourselves to be defrauded;' and when we cannot bear the burden of the loss, then indeed we are permitted to appeal to Christian judges: but then there are so many cautions to be observed, that it may be the remedy is worse than the disease. I only observe this one thing, that St. Paul permits it only in the instance of defraudation, or matter of interest; such as are defending of widows, and orphans, and churches; which, in estimation of law, are, by way of fiction, reckoned to be in pupilage and minority; add also repeating our own interests, when our necessities, or the support of our family and relatives, requires it for all these are cases of charity or duty respectively. But besides the matter of defraudation, we find no instance expressed, nor any equality and parallel of reason to permit Christians in any case to go to law because in other things the sentence is but vindictive, and cannot repair us; and therefore demanding justice is a rendering evil in the proper matter of revenge; concerning which I know no scruple but in an action of scandal and ill report. But because an innocent and an holy life will force light out of darkness, and humility and patience and waiting upon God will bring glory out of shame, I suppose he who goes to law to regain his credit, attempts the cure by incompetent remedies. If the accusation be public, the law will call him to an account; and then he is upon his defence, and must 11 Cor. vi. 12. 2 Ib. verse 7. VOL. II U acquit himself with meekness and sincerity: but this allows not him to be the actor, for then it is rather a design of revenge, than a proper deletery of his disgrace, and the purgative of the calumny. For if the accusation can be proved, it was no calumny; if it be not proved, the person is not always innocent; and to have been accused, leaves something foul in his reputation: and therefore he that by law makes it more public, propagates his own disgrace, and sends his shame further than his innocence, and the crime will go whither his absolution shall not arrive. 10. If it be yet further questioned, whether it be lawful to pray for a revenge, or a punishment upon the offender; (I reckon them all one: he that prays for punishment of him that did him personal injury, cannot easily be supposed to separate the punishment from his own revenge;) I answer, that although God be the avenger' of all our wrongs, yet it were fit for us to have the affections of brethren, not the designs and purposes of a judge, but leave them to him to whom they are proper. When in the bitterness of soul an oppressed person curses sadly, and prays for vengeance, the calamity of the man, and the violence of his enemy hasten a curse, and ascertain it. But whatever excuses the greatness of the oppression may make I know not; but the bitterness of the spirit, besides that it is pitiable as it is a passion, yet it is violent and less Christian, as it is active and sends forth prayers. 'Woe' is pronounced to them by whom the offence cometh;' yet we must beware of offences,' because by them we are engaged in a sin: and he that prays for a revenge, hath a revengeful spirit, however it be re strained by laws and exterior tendernesses from acting such dire purposes. And he that prays for revenge, may indeed procure a justice to be done upon the injurious person; but oftentimes it happens then to fall on him when we least wish it, when we also have a conjunct interest in the other's preservation and escape: God so punishing the first wrong, that we also may smart for our uncharitable wishes. For the ground of all this discourse is, that it is part of Christian charity to forgive injuries which forgiveness of the injury, although it may reasonably enough stand with my fair and innocent requiring of my own, which goes no further than a fair repetition; yet in no case can it stand with the acting and desiring revenge, which also, in the formality of revenge, can have no pretence of charity, because it is ineffective to my restitution. This discourse concerns private persons; whether it concern the question of war, and how far, is not proper for this consideration. PART II. 1. BUT Christian charity hath its effect also in benefits as well as gentleness and innocence. Give to him that asketh, and from him that would borrow of thee, turn not thou away. But when thou doest thine alms, let not thy left hand know what thy right hand doeth." These are the precepts of the Lord, for the substance and the manner of 1 Matt. v. 42; vi. 3. |