CHAPTER IV.

DIRECTIONS TO LAWYERS ABOUT THEIR DUTY TO GOD.

Gentlemen, you need not meet these directions with the usual censures

or suspicions, that divines are busying themselves with the matters of

your calling, which belong not to them, and which they do not

understand; you shall see that I will as much forbear such matters as

you can well desire. If your calling be not to be sanctified by

serving God in it, and regulating it by his law, it is then neither

honourable nor desirable. But if it be, permit me very briefly so far

to direct you.[114]

_Direct._ I. Take the whole frame of polity together, and study

each part in its proper place, and know it in its due relation to the

rest; that is, understand first the doctrine of polity and laws _in

genere_, and next the universal polity and laws of God _in

specie_; and then study human polity and laws, as they stand in

their due subordination to the polity and laws of God, as the by-laws

of corporations do to the general laws of the land.

He that understandeth not what polity and law is _in genere_, is

unlike to understand what divine or human polity or law is _in

specie_; he that knoweth not what government is, and what a

community, and what a politic society is, will hardly know what a

commonwealth or church is: and he that knoweth not what a commonwealth

is _in genere_, what is its end, and what its constitutive parts,

and what the efficient causes, and what a law, and judgment, and

execution is, will study but unhappily the constitution or laws of the

kingdom which he liveth in.

And he that understandeth not the divine _dominium et imperium_,

as founded in creation, (and refounded in redemption,) and man's

subjection to his absolute Lord, and the universal laws which he hath

given in nature and Scripture to the world, can never have any true

understanding of the polity or laws of any kingdom in particular; no

more than he can well understand the true state of a corporation, or

the power of a mayor, or justice, or constable, who knoweth nothing of

the state of the kingdom, or of the king, or of his laws. What

ridiculous discourses would such a man make of his local polity or

laws! He knoweth nothing worth the knowing, who knoweth not that all

kings and states have no power but what is derived from God, and

subservient to him; and are all his officers, much more below him,

than their justices and officers are to them; and that their laws are

of no force against the laws of God, whether of natural or

supernatural revelation. And therefore it is most easy to see, that he

that will be a good lawyer must first be a divine; and that the

atheists that deride or slight divinity, do but play the fools in all

their independent broken studies. A man may be a good divine that is

no lawyer, but he can be no good lawyer that understandeth not

theology. Therefore let the government and laws of God have the first

and chiefest place in your studies, and in all your observation and

regard.

1. Because it is the ground of human government, and the fountain of

man's power and laws.

2. Because the divine polity is also the end of human policy; man's

laws being ultimately to promote our obedience to the laws of God, and

the honour of his government.

3. Because God's laws are the measure and bound of human laws; against

which no man can have power.

4. Because God's rewards and punishments are incomparably more

regardable than man's; eternal joy or misery being so much more

considerable than temporal peace or suffering; therefore though it be

a dishonour to lawyers to be ignorant of languages, history, and other

needful parts of learning, yet it is much more their dishonour to be

ignorant of the universal government and laws of God.[115]

_Direct._ II. Be sure that you make not the getting of money to

be your principal end in the exercise of your function; but the

promoting of justice, for the righting of the just, and the public

good; and therein the pleasing of the most righteous God.[116] For

your work can be to you no better than your end. A base end doth

debase your work. I deny not, but your competent gain and maintenance

may be your lower end, but the promoting of justice must be your

higher end, and sought before it. The question is not, Whether you

seek to live by your calling; for so may the best; nor yet, Whether

you intend the promoting of justice; for so may the worst (in some

degree). But the question is, Which of these you prefer? and which you

first and principally intend? He that looketh chiefly at his worldly

gain, must take that gain instead of God's reward, and look for no

more than he chiefly intended; for that is formally no good work,

which is not intended chiefly to please God, and God doth not reward

the servants of the world; nor can any man rationally imagine, that he

should reward a man with happiness hereafter, for seeking after riches

here. And if you say that you look for no reward but riches, you must

look for a punishment worse than poverty; for the neglecting of God

and your ultimate end, is a sin that deserveth the privation of all

which you neglect; and leaveth not your actions in a state of innocent

indifferency.

_Direct._ III. Be not counsellors or advocates against God, that

is, against justice, truth, or innocency. A bad cause would have no

patrons, if there were no bad or ignorant lawyers. It is a dear-bought

fee, which is got by sinning; especially by such a wilful, aggravated

sin, as the deliberate pleading for iniquity, or opposing of the

truth.[117] Judas's gain and Ahithophel's counsel will be too hot at

last for conscience, and sooner drive them to hang themselves in the

review, than afford them any true content: as St. James saith to them

that he calleth to weep and howl for their approaching misery, "Your

riches are corrupted, and your garments moth-eaten, your gold and

silver is cankered, and the rust of them shall be a witness against

you, and shall eat your flesh as it were fire: ye have heaped treasure

together for the last days." Whatever you say or do against truth, and

innocency, and justice, you do it against God himself. And is it not a

sad case that among professed christians, there is no cause so bad but

can find an advocate for a fee? I speak not against just counsel to a

man that hath a bad cause (to tell him it is bad, and persuade him to

disown it); nor do I speak against you for pleading against excessive

penalties or damages; for so far your cause is good, though the main

cause of your client was bad; but he that speaketh or counselleth

another for the defence of sin, or the wronging of the innocent, or

the defrauding another of his right, and will open his mouth to the

injury of the just, for a little money, or for a friend, must try

whether that money or friend will save him from the vengeance of the

universal Judge (unless faith and true repentance, which will cause

confession and restitution, do prevent it).

The Romans called them thieves, that by fraud, or plea, or judgment

got unlawful gain, and deprived others of their right.

Lampridius saith of Alexander Severus, _Tanti eum stomachi fuisse in

eos judices qui furtorum fama laborassent, etiamsi damnati non essent,

ut si eos casu aliquo videret, commotione animi stomachi choleram

evomeret, toto vultu inardescente, ita ut nihil posset loqui_. And

afterwards, _Severissimus judex contra fures, appellans eosdem

quotidianorum scelerum reos, et solos hostes inimicosque reipublicæ_.

Adding this instance, _Eum notarium, qui falsum causæ brevem in

consilio imperatorio retulisset, incisis digitorum nervis, ita ut

nunquam posset scribere, deportavit_. And that he caused Turinus

one of his courtiers to be tied in the market-place to a stake, and

choked to death with smoke, for taking men's money on pretence of

furthering their suits with the emperor; _Præcone dicente, Fumo

punitur, qui vendidit fumum_. He strictly prohibited buying of

offices, saying, _Necesse est ut qui emit, vendat: Ego vere nin

patiar mercatores potestatum: quos si patiar, damnare non possum_.

The frowns or favour of man, or the love of money, will prove at last

a poor defence against his justice whom by injustice you offend.[118]

The poet could say,

Justum et tenacem propositi virum,

Non civium ardor prava jubentium

Non vultus instantis tyranni,

Mente quatit solida:----Horat.

But if men would first be just, it would not be so hard to bring them

to do justly; saith Plautus,

Justa autem ab injustis petere insipientia est:

Quippe illi iniqui jus ignorant neque tenent.

_Direct._ IV. Make the cause of the innocent as it were your own;

and suffer it not to miscarry through your slothfulness and

neglect.[119] He is a lover of money more than justice, that will

sweat in the cause of the rich that pay him well, and will slubber

over and starve the cause of the poor, because he getteth little by

them. Whatever your place obligeth you to do, let it be done

diligently and with your might; both in your getting abilities, and in

using them. Scævola was wont to say, (ut lib. Pandect. 42. tit.

refer.) _Jus civile vigilantibus scriptum est, non dormientibus_.

Saith Austin, _Ignorantia judicis plerumque est calamitas

innocentis_. And as you look every labourer that you hire should be

laborious in your work, and your physician should be diligent in his

employment for your health; so is it as just that you be diligent for

them whose cause you undertake, and where God who is the lover of

justice doth require it.

_Direct._ V. Be acquainted with the temptations which most endanger

you in your place, and go continually armed against them with the true

remedies, and with christian faith, and watchfulness, and resolution.

You will keep your innocency, and consequently your God, if you see to

it that you love nothing better than that which you should keep. No

man will chaffer away his commodity for any thing which he judgeth to

be worse and less useful to him. Know well how little friends or

wealth will do you in comparison of God, and you will not hear them

when they speak against God, Luke xiv. 26; xvii. 33. When one of his

friends was importunate with P. Rutilius to do him an unjust courtesy,

and angrily said, "What use have I of thy friendship, if thou wilt not

grant my request?" He answered him, "And what use have I of thy

friendship, if for thy sake I must be urged to do unjustly?" It is a

grave saying of Plutarch, _Pulchrum quidem est justitia regnum

adipisci: pulchrum etiam regno justitiam anteponere: nam virtus

alterum ita illustrem reddidit, ut regno dignus judicaretur; alterum

ita magnum ut id contemneret_. Plut. in Lycurg. et Numa. But

especially remember who hath said, "What shall it profit a man to win

all the world, and lose his soul?" And that temptations surprise you

not, be deliberate and take time, and be not too hasty in owning or

opposing a cause or person, till you are well informed; as Seneca

saith of anger, so say I here, _Dandum semper est tempus: veritatem

enim dies aperit. Potest pœna dilata exigi; cum non potest exacta

revocari_. It is more than a shame to say, I was mistaken, when you

have done another man wrong by your temerity.[120]

[114] Legum mihi placet autoritas; sed earum usus hominum nequitia

depravatur: itaque piguit perdiscere, quo inhoneste uti nollem, et

honeste vix possem, etsi vellem. Petrarch. in vita sua.

[115] Male se rectum putat, qui regulam summæ rectitudinis ignorat.

Ambros. de Offic.

[116] It was an ill time when Petr. Bless. said, "Officium

officialium est hodie jura confundere, lites suscitare, transactiones

rescindere, dilationes innectere, supprimere veritatem, fovere

mendacium, quæstum sequi, æquitatem vendere, inhiare actionibus,

versutias concinnare."

[117] Bias fertur in causis orandis summus atque vehementissimus

fuisse, bonam tamen in partem dicendi vim exercere solitum. Laert. p.

53. Justum est homines justitiam diligere; non autem justitiam

propter homines postponere. Gregor. Reg. Justitia non novit patrem, vel

matrem; veritatem novit; personam non novit; Deum imitatur.--Cassian.

Plutarch saith, that Callicratidas being offered a great sum of money

(of which he had great need to pay his seamen) if he would do an

unjust act, refused: to whom saith Cleander his counsellor, "Ego

profecto hæc accepissem, si fuissem Callicratidas." He answered, "Ego

accepissem, si fuissem Cleander."

[118] Facile est justitiam homini justissimo.

[119] Vix potest negligere, qui novit æquitatem: nec facile erroris

vitio fordescit, quem doctrina purgaverit. Cassiodor.

[120] Chilon in Laert. p. 43. (mihi) saith, Sibi non esse conscium in

tota vita ingratitudinis: una tamen re se modice moveri, quod cum

semel inter amicos illi judicandum esset, neque contra jus agere

aliquid vellet, persuaserit amico judicium a se provocaret, ut si

nimirum utrumque et legem et amicum servaret. This was his injustice

of which he repented.

A Christian Directory, Part 4: Christian Politics · 第 5 / 38 章