CHAPTER X.

CASES RESOLVED ABOUT FORGIVING INJURIES AND DEBTS, AND ABOUT

SELF-DEFENCE, AND SEEKING RIGHT BY LAW OR OTHERWISE.

The cases about forgiving, and revenging, are many, and some of them

difficult: I shall resolve those of ordinary use in our practice, and

pass by the rest.

_Quest._ I. Is a man bound to forgive all injuries and damages

that are done him? If not, what injuries be they which every man is

obliged to forgive?

_Answ._ To both these questions I briefly answer, 1. We must

distinguish between a crime or sin against God, and the common good;

and an injury or damage to ourselves. 2. And between public justice

and private revenge. 3. And between those damages which fall upon

myself only, and those that by me redound to others, (as wife or

children, &c.) 4. And between the remitting of a punishment, and the

remitting of reparations of my loss. 5. And between the various

punishments to be remitted. He that will confound any of these shall

sooner deceive himself and others, than resolve the doubts.

_Prop._ I. It frequently falleth out, that it is not in our power

to remit the penalty of a crime; no, not the temporal penalty. For

this is a wrong to God the universal Governor, and God only can

forgive it, and man no further than God hath commissioned him. Murder,

whoredom, drunkenness, swearing, &c. as they are sins against God, the

magistrate is bound to punish, and private men to endeavour it by the

magistrate. And if it may be said, that the sovereign ruler of a

nation hath power to forgive such crimes, the meaning is no more than

this: 1. That as to the species of these sins, if he do forgive the

temporal punishment which in his office he should have inflicted, yet

no human power can question him for it, because he hath none on earth

above him; but yet God will question him, and show him that he had no

power to dispense with his laws, nor disoblige himself from his duty.

2. And that in some cases an individual crime may be forgiven by the

magistrate as to the temporal punishment, even where the ends of the

law and government require it; but this must not be ordinary.

_Prop._ II. It is not always in the power of the magistrate to

remit the temporal punishment of heinous crimes, against the common

good. Because it is ordinarily necessary to the common good that they

be punished; and his power is for the common good, and not against it.

The enemies of the public peace must by punishment be restrained.

_Prop._ III. Much less is it in the power of a private man to

remit a penalty to be inflicted by a magistrate. And what I say of

magistrates, holdeth of parents, and other governors, _cæteris

paribus_, according to the proportion of their authority.

_Prop._ IV. I may by just means exact satisfaction for damages to

myself, in my reputation or estate, when the ends of christianity,

even the honour of God, and the public good, and the benefit of men's

souls, require it; that is, when I only vindicate these by lawful

means, as they are the talents which God hath committed to me for his

service, and for which he will call me to account. It may fall out

that the vindicating of a minister's or other christian's name from a

slander, may become very needful for the interest and honour of

religion, and for the good of many souls. And if I have an estate

which I resolve to use for God, and a thief or a deceiver take it from

me, who will do no good with it but hurt, I may be bound to vindicate

it; that I may be enabled to do good, and may give God a comfortable

account of my stewardship; besides the suppressing of thievery and

deceit, as they are against the common good.

_Prop._ V. When my estate is not entirely my own, but wife or

child or any other is a sharer in it, it is not wholly in my power to

remit any debt or damage out of it, but I must have the consent of

them that are joint-owners; unless I be intrusted for them.

_Prop._ VI. If I be primarily obliged to maintain wife and

children, or any others, with my estate, I am bound on their behalf to

use all just means to vindicate it from any that shall injuriously

invade it; otherwise I am guilty of their sufferings whom I should

maintain; I may no more suffer a thief than a dog to go away with my

children's meat.

_Prop._ VII. And as I must vindicate my estate for others to whom

I am intrusted to administer it by God, so must I for myself also, so

far as God would have me use it myself. For he that hath charged me to

provide for my family, requireth also that I famish not myself; and he

hath required me to love my neighbour but as myself; and therefore as

I am bound to vindicate and help my neighbour if a thief or oppressor

would rob him, (according to my place and power,) so must I do also

for myself. In all these seven cases I am not obliged to forgive.

But on the other side, in all these cases following, I am bound to

forgive and let go my right.

_Prop._ I. As the church may declare to penitent sinners, the

remission of the eternal punishment, so may it remit the temporal

punishment of excommunication, to the penitent; yea, this they are

obliged by Christ to do, ministerially, as under him.

_Prop._ II. When the repentance and satisfaction of the sinner is

like to conduce more to the public good, and the honour of God, and

other ends of government, than his punishment would do, a private man

may not be obliged to prosecute him before the magistrate, and the

magistrate hath power to forgive him as to the penalty which it

belongeth to him to inflict. (Though this may not extend to the

remitting of crimes ordinarily and frequently, nor to the remitting of

some sort of heinous crimes at all; because this cannot attain the

ends of government as aforesaid.)

_Prop._ III. All personal wrongs, so far as they are merely

against myself, and disable me not from my duty to God and my

neighbour, I may and must forgive: for my own interest is put more in

my own power; and here it is that I am commanded to forgive. If you

say that I am bound to preserve my own life and soul as much as

another's; I answer, it is true, I am bound to preserve my own and

another's ultimately for the service and glory of God; and God's

interest in me I cannot remit or give away. As there is no obligation

to duty but what is originally from God, so there is none but what is

ultimately for God, even to please and glorify him.

_Object._ But if this be all, I shall forgive no wrongs; for

there is none which doth not some way hinder me in my duty.

_Answ._ Yes, there may be many to your body, your estate, and

name, which yet may be no disablement or hinderance to you, except you

make it so yourself: as if you receive a box on the ear, or be

slandered or reviled where none heareth it but yourself, or such as

will make no evil use of it, or if a little be diminished injuriously

out of a superfluous estate, or so as to be employed as well as you

would have done. 2. But I further answer this objection in the next

propositions.

_Prop._ IV. If my patient suffering a personal injury, which

somewhat hindereth me from my duty, be like to be as great a service

to God, or to do more good, than by that duty I should do, I ought to

pass by and forgive that injury; because then God's interest obligeth

me not to vindicate my right.

_Prop._ V. If when I am injured, and thereby disabled from doing

some good which I should else have done, I am not able by seeking

reparation or the punishment of the person, to recover my capacity,

and promote the service of God, I am bound to pass by and remit that

injury. (I speak not of the criminal part, but the injury as such; for

a man may be bound to bring a thief to punishment, on the account of

God's honour, and the common good, though else he might forgive the

injury to himself.)

_Prop._ VI. If it be probable that he that defraudeth me of my

estate, will do more good with it than I should have done, I am not

bound to vindicate it from him for my own interest (though as he is

criminal, and the crime is hurtful, as an ill example, to the common

good, so I may be bound to it). Nay, were it not for the said criminal

respect, I am bound rather to let him take it, than to vindicate it by

any such means as would break charity, and do more hurt than good.

_Prop._ VII. If I am absolutely trusted with the person or estate

of another, I may so far forgive the wrongs done to that other, upon

sufficient reasons, as well as against myself.

_Prop._ VIII. A private man may not usurp the magistrate's power,

or do any act which is proper to his office, nor yet may he break his

laws, for the avenging of himself; he may use no other means than the

law of God and his sovereign do allow him. Therefore he may not rail,

or revile, or slander, or rob, or strike, or hurt any, (unless in case

of defence, as afterward,) nor take any other prohibited course.

_Prop._ IX. No rigour or severity must be used to right myself,

where gentler means may probably do it; but the most harmless way must

first be tried.

_Prop._ X. In general, all wrongs, and debts, and damages, must

be forgiven, when the hurt is like to be greater, which will come by

our righting ourselves, than that which by forbearance we shall

sustain; and all must be forgiven where God's law or man's forbiddeth

us not to forgive. Therefore a man that will here know his duty, must

conduct his actions by very great prudence (which if he have not

himself, he must make use of a guide or counsellor): and he must be

able to compare the evil which he suffereth with the evil which will

in probability follow his vindication, and to discern which of them is

the greater; or else he can never know how far and when he may and

must forgive. And herein he must observe,

1. That hurt that cometh to a man's soul is greater than the hurt that

befalleth the body; and therefore if my suing a man at law be like to

hurt his soul by uncharitableness, or to hurt my own, or the souls of

others, by scandal or disturbances, I must rather suffer any mere

bodily injuries, than use that means; but if yet greater hurt to souls

would follow that bodily suffering of mine, the case is then altered

the other way. So if by forgiving debts or wrongs, I be liker to do

more good to the soul of him whom I forgive, or others, than the

recovery of my own, or the righting of myself, is like any way to

equal, I am obliged to forgive that debt or wrong.

2. The good or hurt which cometh to a community or to many, is

(_cæteris paribus_) to be more regarded than that which cometh to

myself or any one alone. Because many are of more worth than one; and

because God's honour (_cæteris paribus_) is more concerned in the

good of many than of one. Therefore I must not seek my own right to

the hurt of many, either of their souls or bodies, unless some greater

good require it.

3. The good or hurt of public persons, magistrates, or pastors, is

(_cæterisc paribus_) of more regard than the good or hurt of

single men: therefore (_cæteris paribus_) I must not right myself

to the dishonour or hurt of governors; (no, though I were none of

their charge or subjects;) because the public good is more concerned

in their honour or welfare than in mine. The same may be said of

persons by their gifts and interests more eminently serviceable to God

and the common good than I am.

4. The good or hurt of a near relation, of a dear friend, of a worthy

person, is more to be regarded by me, _cæteris paribus_, than the

good or hurt of a vile, unworthy person, or a stranger. And therefore

the Israelites might not take usury of a poor brother, which yet they

might do of an alien of another land! The laws of nature and

friendship may more oblige me to one than to another, though they were

supposed equal in themselves. Therefore I am not bound to remit a

debt or wrong to a thief, or deceiver, or a vile person, when a nearer

or worthier person would be equally damnified by his benefit. And thus

far, (if without any partial self-love a man can justly estimate

himself,) he may not only as he is nearest himself, but also for his

real worth, prefer his own commodity before the commodity of a more

unworthy and unserviceable person.

5. Another man's necessities are more regardable than our own

superfluities; as his life is more regardable than our corporal

delights. Therefore it is a great sin for any man to reduce another to

extremity, and deprive him of necessaries for his life, merely to

vindicate his own right in superfluities, for the satisfaction of his

concupiscence and sensual desires. If a poor man steal to save his own

or his children's lives, and the rich man vindicate his own, merely to

live in greater fulness or gallantry in the world, he sinneth both the

sin of sensuality and uncharitableness (but how far for the common

good he is bound to prosecute the thief as criminal, is a case which

depends on other circumstances). And this is the most common case, in

which the forgiving of debts and damages is required in Scripture,

viz. When the other is poor and we are rich, and his necessities

require it as an act of charity (and also the former case, when the

hurt by our vindication is like to be greater than our benefit will

countervail).

_Quest._ II. What is the meaning of those words of Christ, Matt.

v. 38-42, "Ye have heard that it hath been said, An eye for an eye,

and a tooth for a tooth: but I say unto you, that ye resist not evil;

but whosoever shall smite thee on thy right cheek, turn to him the

other also; and if any man will sue thee at the law, and take away thy

coat, let him have thy cloak also; and whosoever shall compel thee to

go a mile, go with him two: give to him that asketh thee; and from him

that would borrow of thee turn thou not away?"

_Answ._ The meaning of the text is this: as if he had said,

Because you have heard that magistrates are required to do justice

exactly between man and man, and to take an eye for an eye, &c.

therefore you may perhaps believe those teachers who would persuade

you that for any man to exact this satisfaction, is no fault: but I

tell you that duties of charity must be performed, as well as justice

must be done; and though it must be the magistrate's duty to do you

this justice, it is not your duty always to require it, but charity

may make the contrary to be your duty. Therefore I say unto you,

overvalue not the concernments of your flesh, nor the trifles of this

world; but if a man abuse you, or wrong you in these trifles, make no

great matter of it, and be not presently inflamed to revenge, and to

right yourselves; but exercise your patience and your charity to him

that wrongeth you, and by an habituated stedfastness herein, be ready

to receive another injury with equal patience, yea many such, rather

than to fly to an unnecessary vindication of your right. For what if

he give you another stroke? Or what if he also take your cloak? Or

what if he compel you to go another mile for him? Let him do it; let

him take it; how small is your hurt! What inconsiderable things are

these! Your resistance and vindication of your right may violate

charity and peace, and inflame his passion, and kindle your own, and

hurt both your souls, and draw you into other sins, and cost you

dearer than your right was worth: whereas your patience, and

yieldingness, and submission, and readiness to serve another, and to

let go your own for peace and charity, may shame him or melt him, and

prevent contention, and keep your own and the public peace, and may

show the excellency of your holy religion, and win men's souls to the

love of it, that they may be saved. Therefore instead of exacting or

vindicating your utmost right, set light by your corporal sufferings

and wrongs, and study and labour with all your power to excel in

charity, and to do good to all, and to stoop to any service to

another, and humble yourselves, and exercise patience, and give and

lend according to your abilities, and pretend not justice against the

great duties of charity and patience. So that here is forbidden both

violent and legal revenge for our corporal abuses, when the law of

charity or patience is against it: but this disobligeth not

magistrates to do justice, or men to seek it, in any of the cases

mentioned in the seven first propositions.

_Quest._ III. Am I bound to forgive another, if he ask me not

forgiveness? The reason of the question is, because Christ saith, Luke

xvii. 3, 4, "If thy brother trespass against thee, rebuke him: and if

he repent, forgive him; and if he trespass against thee seven times in

a day, and seven times in a day turn again to thee, saying, I repent,

thou shalt forgive him."

_Answ._ In the resolving of this, while some have barely

affirmed, and others denied, for want of distinguishing, they have

said worse than nothing. It is necessary that we distinguish,

1. Between the forgiving of an enemy, and of a stranger, and of a

neighbour, and of a brother, as such.

2. Between the several penalties to be remitted (as well as revenges

to be forborne). And so briefly the case must be thus resolved.

_Prop._ I. An enemy, a stranger, and a neighbour, as such, must

be forgiven (in the cases before asserted) though they ask not

forgiveness, nor say, I repent: for,

1. Many other scriptures absolutely require it.

2. And forgiving them as such, is but the continuing them in our

common charity, as men, or neighbours; that is, our not endeavouring

to ruin them, or do them any hurt, and our hearty desiring and

endeavouring their good, according to their capacities or ours; and

thus far we must forgive them.

_Prop._ II. A brother also must be thus far forgiven, though he

say not, I repent; that is, we must love him as a man, and wish and

endeavour his good to our power.

_Prop._ III. A brother as a brother, is not to be so forgiven, as

to be restored to our estimation and affection, and usage of him as a

brother, either in spiritual account, or intimate special love and

familiarity, as long as he is impenitent in his gross offences; and

that is, till he turn again and say, I repent. A natural brother is

still to be loved as a natural brother. For that kind of love

dependeth not on his honesty or repentance. But,

1. A brother in a religious sense,

2. Or a bosom, familiar friend, are both unfit for to be received in

these capacities, till they are penitent for gross offences; therefore

the church is not to pardon the impenitent, in point of communion, nor

particular christians to pardon them in their esteem and carriage; nor

am I bound to take an unfit person to be my bosom friend to know my

secrets: therefore if either of these offend, I must not forgive them,

that is, by forgiveness continue them in the respect and usage of this

brotherhood, till they repent; and this (first especially) is the

brother mentioned in the text.

_Quest._ IV. Is it lawful to sue a brother at law? The reason of

the question is, from the words of the apostle Paul, 1 Cor. vi. 7,

"There is utterly a fault among you, because ye go to law one with

another. Why do ye not rather take wrong? why do ye not rather suffer

yourselves to be defrauded?"

_Answ._ 1. Distinguish betwixt going to law before heathens, or

other enemies to the christian religion, and before christian

magistrates.

2. Between going to law in malice for revenge, and going merely to

seek my right, or to seek the suppression and reformation of sin.

3. Between going to law when you are bound to forgive, and when you

are not.

4. And between going to law in haste and needlessly, and going to law

as the last remedy, in case of necessity, when other means fail.

5. And between going to law when the hurt is like to be greater than

the benefit, and going to law when it is likely to do good. There is a

great deal of difference between these cases.

_Prop._ I. Christians must rather suffer wrong, than go to law

before the enemies of religion, when it is like to harden them, and to

bring christianity into contempt.

_Prop._ II. It is not lawful to make law and justice the means of

private unlawful revenge; nor to vent our malice, nor to oppress the

innocent.

_Prop._ III. Whenever I am bound to forgive the trespass, wrong,

or debt, then it is unlawful to seek my own at law. For that is not

forgiving.

_Prop._ IV. There are many other remedies which must first be

tried (ordinarily) before we go to law. As,

1. To rebuke our neighbour for his wrong, and privately to desire

necessary reparations.

2. To take two or three to admonish him; or to refer the matter to

arbitrators (or in some cases to a lot). And if any make law their

first remedy needlessly, while the other means should first be used,

it is a sin.

_Prop._ V. It is not lawful to go to law-suits, when prudence may

discern that the hurt which may come by it, will be greater than the

benefit; (either by hardening the person, or disturbing ourselves, or

scandalizing others against religion, or drawing any to ways of

unpeaceableness and revenge, &c.) The foreseen consequences may

overrule the case.

But on the other side, _Prop._ I. It is lawful to make use of

christian judicatories, so it be done in a lawful manner; yea, and in

some cases, of the judicatories of infidels.

_Prop._ II. The suppressing of sin, and the defending of the

innocent, and righting of the wronged, being the duty of governors, it

is lawful to seek these benefits at their hands.

_Prop._ III. In cases where I am not obliged to forgive, (as I

have showed before some such there be,) I may justly make use of

governors as the ordinance of God.

_Prop._ IV. The order and season is when I have tried other means

in vain; when persuasion or arbitration will do no good, or cannot be

used with hope of success.

_Prop._ V. And the great condition to prove it lawful is, when it

is not like to do more hurt than good, either directly of itself, or

by men's abuse; when religion, or the soul of any man, or any one's

body, or estate, or name, is not like to lose more than my gain, or

any other benefits, will compensate; when all these concur, it is

lawful to go to law.

_Quest._ V. Is it lawful to defend my person, life, or estate

against a thief, or murderer, or unjust invader, by force of arms?

_Answ._ You must distinguish, 1. Between such defence as the law

of the land alloweth, and such as it forbiddeth.

2. Between necessary and unnecessary actions of defence.

_Prop._ I. There is no doubt but it is both lawful and a duty to

defend ourselves by such convenient means as are likely to attain

their end, and are not contrary to any law, of God or man. We must

defend our neighbour if he be assaulted or oppressed, and we must love

our neighbour as ourselves.

_Prop._ II. This self-defence by force, is then lawful, when it

is necessary, and other more gentle means have been uneffectual, or

have no place (supposing still that the means be such as the law of

God or man forbiddeth not).

_Prop._ III. And it is necessary to the lawfulness of it, that

the means be such as in its nature is like to be successful, or like

to do more good than harm.

But on the other side, _Prop._ I. We may not defend ourselves by

any such force as either the laws of God or our rulers, thereto

authorized by him, shall forbid. For,

1. The laws are made by such as have more power over our lives, than

we have over them ourselves.

2. And they are made for the good of the commonwealth; which is to be

preferred before the good or life of any single person. And whatever

selfish infidels say, both nature and grace do teach us to lay down

our lives, for the welfare of the church or state, and to prefer a

multitude before ourselves. Therefore it is better to be robbed,

oppressed, or killed, than to break the peace of the commonwealth.

_Prop._ II. Therefore a private man may not raise an army to

defend his life against his prince, or lawful governor. Perhaps he

might hold his hands if personally he went about to murder him,

without the violation of the public peace; but he cannot raise a war

without it.

_Prop._ III. We may not do that by blood or violence, which might

be done by persuasion, or by any lawful, gentle means: violence must

be used, even in defence, but in case of true necessity.

_Prop._ IV. When self-defence is like to have consequents so ill,

as the saving of ourselves cannot countervail, it is then unlawful

_finis gratia_, and not to be attempted.

_Prop._ V. Therefore if self-defence be unlikely to prevail, our

strength being inconsiderable, and when the enemy is but like to be

the more exasperated by it, and our sufferings like to be the greater;

nature and reason teach us to submit, and use the more effectual

(lawful) means.

_Quest._ VI. Is it lawful to take away another's life, in the

defending of my purse or estate?

_Answ._ 1. You must again distinguish between such defence as the

law of the land alloweth, and such as it forbiddeth.

2. Between what is necessary, and what is unnecessary.

3. Between a life less worth than the prize which he contendeth for,

and a life more worth than it, or than mine own.

4. Between the simple defence of my purse, and the defence of it and

my life together.

5. Between what I do with purpose and desire, and what I do

unwillingly through the assailant's temerity or violence.

6. And between what I do in mere defence, and what I do to bring a

thief or robber unto legal punishment. And so I answer,

_Prop._ I. You may not defend your purse, or your estate, by such

actions, as the law of the land forbiddeth; (unless it go against the

law of God;) because it is to be supposed, that it is better a man's

estate or purse be lost, than law and public order violated.

_Prop._ II. You may not (against an ordinary thief or robber) defend

your purse with the probable hazard of his life, if a few good words,

or other safe and gentle means, which you have opportunity to use, be

like to serve turn without such violence.

_Prop._ III. If it might be supposed that a prince, or other

person of great use and service to the commonwealth, should in a

frolic, or otherwise, assault your person for your estate or purse, it

is not lawful to take away his life by a defensive violence, if you

know it to be he; because (though in some countries the law might

allow it you, yet) _finis gratia_ it is unlawful; because his

life is more necessary to the common good than yours.

_Prop._ IV. If a pilfering thief would steal your purse, without

any violence which hazardeth your life, (ordinarily,) you may not take

away his life in the defending of it. Because it is the work of the

magistrate to punish him by public justice, and your defence requireth

it not.

_Prop._ V. All this is chiefly meant, of the voluntary, designed

taking away of his life; and not of any lawful action, which doth it

accidentally against your will.

On the other side, _Prop._ I. If the law of the land allow you to

take away a man's life in the defending of your purse, it removeth the

scruple, if the weight of the matter also do allow it: because it

supposeth, that the law taketh the offender to be worthy of death, and

maketh you in that case the executioner of it. And if, indeed, the

crime be such as deserveth death, you may be the executioner when the

law alloweth it.

_Prop._ II. And this is more clear, when the robber for your

money doth assault your life, or is like for aught you see to do it.

_Prop._ III. And when gentler means will not serve the turn, but

violence is the only remedy which is left you, which is like to avail

for your defence.

_Prop._ IV. And when the person is a vile offender, who is rather

a plague and burden to the commonwealth than any necessary member of

it.

_Prop._ V. If you desire not, and design not his death, but he

rush upon it himself in his fury, while you lawfully defend your own,

the case is yet less questionable.

_Prop._ VI. If a thief have taken your purse, though you may not

take away his life after to recover it, (because it is of less value,)

nor yet in revenge (because that belongeth not to private men); yet if

the law require or allow you to pursue him to bring him to a judicial

trial, if you kill him while he resisteth, it is not your sin; because

you are but suppressing sin in your place, according to the allowance

of the law.

_Quest._ VII. May I kill or wound another in the defence or

vindication of my honour, or good name?

_Answ._ No: not by private assault or violence; but if the crime

be so great, that the law of the land doth punish it with death, if

that law be just, you may in some cases seek to bring the offender to

public justice; but that is rare, and otherwise you may not do it.

For,

1. It belongeth only to the magistrate, and not to you, to be the

avenger.

2. And killing a man can be no meet defence against calumny or

slander; for if you will kill a man for prevention, you kill the

innocent; if you kill him afterwards, it is no defence, but an

unprofitable revenge, which vindicateth not your honour, but

dishonoureth you more. Your patience is your honour, and your bloody

revenge doth show you to be so like the devil, the destroyer, that it

is your greatest shame.

3. It is odious pride which maketh men overvalue their reputation

among men, and think that a man's life is a just compensation to them

for their dishonour! Such bloody sacrifices are fit to appease only

the bloodthirsty spirit! But what is it that pride will not do and

justify?

A Christian Directory, Part 4: Christian Politics · 第 11 / 38 章