CHAPTER XXII.

CASES AND DIRECTIONS AGAINST INJURIOUS LAW-SUITS, WITNESSING, AND

JUDGMENT.

_Tit._ 1. _Cases of Conscience about Law-suits and Proceedings._

_Quest._ I. In what cases is it lawful to go to law with others?

_Answ._ 1. In case of necessary defence, when the plaintiff doth

compel you to it. 2. When you are intrusted for orphans or others whom

you cannot otherwise right. 3. When your children, or the church, or

poor, whom you should do good to, are like to suffer, if you recover

not your talent that God hath trusted you with for such uses, from the

hands of unjust men; and they refuse all just arbitrations and other

equal means which might avoid such suits. 4. When your own necessity

constraineth you to seek your own, which you cannot get by easier

means. 5. When your forbearance will do more hurt by encouraging

knaves in their injustice, than it will do good. 6. Whenever your

cause is just, and neither mercy, peace, nor the avoiding of scandal

do forbid it: that is, when it is like to do more good than harm, it

is then a lawful course.

But it is unlawful to go to law, 1. When you neglect just

arbitrations, patience, and other needful means to avoid it. 2. When

your cause is unjust. 3. When you oppress the poor by it. 4. When it

is done in covetousness, revenge, or pride. 5. When the scandal or

hurt to your brother, is like to be a greater harm than the righting

of yourself is like to do good; then must you not go willingly to law.

_Quest._ II. May I sue a poor man for a debt or trespass?

_Answ._ 1. If he be so poor as that he cannot pay it, nor procure you

satisfaction, the suit is vain, and tendeth but to cruelty. 2. If he

have no means to pay, but that which will deprive him of food and

raiment, and the necessaries of his life or comfort, you may not sue

him unless it be for the supply of as great necessities of your own;

or in trust for orphans, where you have no power to remit the debt;

yea, and for them no cruelty must be used. 3. If your forbearance be

like to make him abler by his diligence or other means, you should

forbear if possible. 4. But if he be competently able, and refuse to

pay through knavery and injustice, and you have better ways to use

that money, if scandal forbid not, you may seek by law to recover your

own from him.

_Quest._ III. May I sue a surety whose interest was not concerned

in the case?

_Answ._ If his poverty make it not an act of cruelty, nor scandal

prohibit it, you may; because he was willing, and declared his

consent, that you should have the debt of him, if the principal pay

not. To become surety, is to consent to this; and it is no injury to

receive a man's money by his own consent and covenant. He knew that

you had not lent it but on those terms; and you had reason to suppose,

that he who would undertake to pay another man's debt, had sufficient

reason for it, either in relation or counter-security. But as you must

use mercy to the principal debtor in his poverty, so must you also to

the surety.

_Quest._ IV. May I sue for the use of money, as well as for the

principal?

_Answ._ This dependeth on the case of usury before resolved. In

those cases in which it may not be taken, it may not be sued for; nor

yet when the scandal of it will do more harm than the money will do

good. But in other cases, it may be sued for on the terms as the rent

of lands may.

_Quest._ V. May law-suits be used to disable or humble an

insolent, wicked man?

_Answ._ You may not take up an ill cause against him, for any

such good end; but if you have a good cause against him, which

otherwise you would not have prosecuted, you may make use of it, to

disable him from doing mischief, when really it is a probable means

thereto; and when neither scandal nor other accidents do prohibit it.

_Quest._ VI. May a rich man make use of his friends and purse in

a just cause, to bear down or tire out a poor man that hath a bad

cause?

_Answ._ Not by bribery or any evil means; for his proceeding must

be just as well as his cause. But if it be an obstinate knave that

setteth himself to do hurt to others, it is lawful to make use of the

favour of a righteous judge or magistrate against him; and it is

lawful to humble him by the length and expensiveness of the suit, when

that is the fittest means, and no unjust action is done in it; still

supposing that scandal prohibit it not. But let no proud or cruel

person think, that therefore they may by purse, and friends, and

tedious law-suits oppress the innocent, to attain their own

unrighteous wills.

_Quest._ VII. May one use such forms in law-suits as in the

literal sense are gross untruths (in declarations, answers, or the

like)?

_Answ._ The use of words is to express the mind; and common use

is the interpreter of them: if they are such words as the notorious

common use hath put another sense on, than the literal one, they must

be taken in the sense which public use hath put upon them. And if that

public sense be true or false, accordingly they may or may not be

used.

_Quest._ VIII. May a guilty person plead not guilty, or deny the

fact?

_Answ._ Common use is the interpreter of words. If the common use

of those words doth make their public sense a lie, it may not be done.

But if the forensic common use of their denial is taken to signify no

more but this, Let him that accuseth me, prove it; I am not bound to

accuse myself, or, _In foro_ I am not guilty till it be proved;

then it is lawful to plead Not guilty, and deny the fact, except in

cases wherein you are bound to an open confession, or in which the

scandal will do more hurt than the denial will do good.

_Quest._ IX. Is a man ever bound to accuse himself, and seek

justice against himself?

_Answ._ 1. In many cases a man is bound to punish himself; as

when the law against swearing, cursing, or the like, must give the

poor a certain mulct which is the penalty, he ought to give that money

himself; and in cases where it is a necessary cure to himself, and in

any case where the public good requireth it: as if a magistrate

offend, whom none else will punish, or who is the judge in his own

cause; he should so far punish himself as is necessary to the

suppression of sin, and to the preserving of the honour of the laws;

as I have heard of a justice that swore twenty oaths, and paid his

twenty shillings for it. 2. A man may be bound in such a divine

vengeance or judgment as seeketh after his particular sin, to offer

himself to do a sacrifice to justice, to stop the judgment; as Jonah

and Achan did. 3. A man may be bound to confess his guilt and offer

himself to justice to save the innocent, who is falsely accused and

condemned for his crime. 4. But in ordinary cases a man is not bound

to be his own public accuser or executioner.

_Quest._ X. May a witness voluntarily speak that truth which he

knoweth will further an unrighteous cause, and be made use of to

oppress the innocent?

_Answ._ He may not do it as a confederate in that intention: nor

may he do it when he knoweth that it will tend to such an event,

(though threatened or commanded,) except when some weightier accident

doth preponderate for the doing it, (as the avoiding of a greater hurt

to others, than it will bring on the oppressed, &c.)

_Quest._ XI. May a witness conceal some part of the truth?

_Answ._ Not when he sweareth to deliver the whole truth; nor when

a good cause is like to suffer, or a bad cause be furthered by the

concealment; nor when he is under any other obligation to reveal the

whole.

_Quest._ XII. Must a judge and jury proceed _secundum allegata

et probata_, according to evidence and proof, when they know the

witness to be false, and the truth to be contrary to the testimony;

but are not able to evince it?

_Answ._ Distinguish between the negative and the positive part of

the verdict or sentence: in the negative they must go according to the

evidence and testimonies, unless the law of the land leave the case to

their private knowledge. As for example, they must not sentence a

thief or murderer to be punished upon their secret unproved knowledge:

they must not adjudge either monies or lands to the true owner from

another, without sufficient evidence and proof: they must forbear

doing justice, because they are not called to it, nor enabled. But

positively they may do no injustice upon any evidence or witness

against their own knowledge of the truth: as they may not upon known

false witness, give away a man's lands or money, or condemn the

innocent; but must in such a case renounce the office; the judge must

come off the bench, and the jury protest that they will not meddle, or

give any verdict (whatever come of it); because God and the law of

nature prohibit their injustice.

_Object._ It is the law that doth it, and not we.

_Answ._ It is the law and you; and the law cannot justify your

agency in any unrighteous sentence. The case is plain and past

dispute.

_Tit. 2. Directions against Contentious Suits, False-witnessing, and

Oppressive Judgment._

_Direct._ I. The first cure for all these sins, is to know the

intrinsic evil of them. Good thoughts of sin are its life and

strength. When it is well known, it will be hated; and when it is

hated, it is so far cured.

I. The evil of contentious and unjust law-suits.

1. Such contentious suits do show the power of selfishness in the

sinner; how much self-interest is inordinately esteemed. 2. They show

the excessive love of the world; how much men overvalue the things

which they contend for. 3. They show men's want of love to their

neighbours; how little they regard another man's interest in

comparison of their own. 4. They show how little such men care for the

public good, which is maintained by the concord and love of

neighbours. 5. Such contentions are powerful engines of the devil to

destroy all christian love on both sides; and to stir up mutual enmity

and wrath; and so to involve men in a course of sin, by further

uncharitableness and injuries, both in heart, and word, and deed.

6. Poor men are hereby robbed of their necessary maintenance, and their

innocent families subjected to distress. 7. Unconscionable lawyers and

court officers, who live upon the people's sins, are hereby

maintained, encouraged, and kept up. 8. Laws and courts of justice are

perverted to do men wrong, which were made to right them. 9. And the

offender declareth how little sense he hath of the authority or love

of God, and how little sense of the grace of our Redeemer; and how far

he is from being himself forgiven through the blood of Christ, who can

no better forgive another.

II. The evil of false witness.

1. By false witness the innocent are injured; robbery and murder are

committed under pretence of truth and justice. 2. The name of God is

horribly abused, by the crying sin of perjury (of which before). 3. The

presence and justice of God are contemned, when sinners dare, in his

sight and hearing, appeal to his tribunal, in the attesting of a lie.

4. Vengeance is begged or consented to by the sinner; who bringeth

God's curse upon himself, and as it were desireth God to plague or

damn him if he lie. 5. Satan the prince of malice and injustice, and

the father of lies, and murders, and oppression, is hereby gratified,

and eminently served. 6. God himself is openly injured, who is the

Father and patron of the innocent; and the cause of every righteous

person is more the cause of God than of man. 7. All government is

frustrated, and laws abused, and all men's security for their

reputations, or estates, or lives is overthrown, by false witnesses;

and consequently human converse is made undesirable and unsafe. What

good can law, or right, or innocency, or the honesty of the judge do

any man, where false witnesses combine against him? What security hath

the most innocent or worthy person, for his fame, or liberty, or

estate, or life, if false witnesses conspire to defame him or destroy

him? And then how shall men endure to converse with one another?

Either the innocent must seek out a wilderness, and fly from the face

of men as we do from lions and tigers, or else peace will be worse

than war; for in war a man may fight for his life; but against false

witnesses he hath no defence: but God is the avenger of the innocent,

and above most other sins, doth seldom suffer this to go unpunished,

even in this present world; but often beginneth their hell on earth,

to such perjured instruments of the devil.

III. The evil of unrighteous judgments.

1. An unrighteous judge doth condemn the cause of God himself; for

every righteous cause is his. 2. Yea, he condemneth Christ himself in

his members; for in that he doth it to one of the least of those whom

he calleth brethren, he doth it to himself, Matt. xxv. It is a

damnable sin, not to relieve the innocent and imprisoned in their

distress, when we have power: what is it then to oppress them and

unrighteously condemn? 3. It is a turning of the remedy into a double

misery, and taking away the only help of oppressed innocency. What

other defence hath innocency, but law and justice? And when their

refuge itself doth fall upon them and oppress them, whither shall the

righteous fly? 4. It subverteth laws and government, and abuseth it to

destroy the ends which it is appointed for. 5. Thereby it turneth

human society into a state of misery, like the depredations of

hostility. 6. It is a deliberate, resolved sin, and not done in

passion by surprise: it is committed in that place, and in that form,

as acts of greatest deliberation should be done; as if he should say,

Upon full disquisition, evidence, and deliberation, I condemn this

person and his cause. 7. All this is done as in the name of God, and

by his own commission, by one that pretendeth to be his officer or

minister, Rom. iii. 3-6. For the judgment is the Lord's, 2 Chron.

xix. 5-8, 10. And how great a wickedness is it thus to blaspheme, and

to represent him as Satan, an enemy to truth and righteousness, to his

servants and himself! As if he had said, God hath sent me to condemn

this cause and person. If false prophets sin so heinously who belie

the Lord, and say, He hath sent us to speak this, (which is untruth);

the sin of false judges cannot be much less. 8. It is sin against the

fullest and frequentest prohibitions of God. Read over Exod.

xxiii. 1-3, &c.; Lev.; Deut. i. 16, 17; xvi. 18; Isa. i. 17, 20, 23;

Deut. xxiv. 17; and xxvii. 19, "Cursed be he that perverteth the

judgment of the stranger, the fatherless, and widow, and all the

people shall say Amen." Ezra vii. 26; Psal. xxxiii. 5; xxxvii. 28;

lxxii. 2; xciv. 15; cvi. 3, 30; Prov. xvii. 27; xix. 28; xx. 8; xxix. 4;

xxxi. 5; Eccl. v. 8; Isa. v. 7; x. 2; lvi. 1, 2; lix. 14, 15; Jer.

v. 1; vii. 5; ix. 24; Ezek. xviii. 8; xlv. 9; Hos. xii. 6; Amos

v. 7, 15, 24; vi. 12; Mic. iii. 9; Zech. vii. 9; viii. 16; Gen. xviii. 19;

Prov. xxi. 3, 7, 15. I cite not the words to avoid prolixity. Scarce

any sin is so oft and vehemently condemned of God. 9. False judges

cause the poor to appeal to God against them, and the cries of the

afflicted shall not be forgotten, Luke xviii. 5-8. 10. They call for

God's judgment upon themselves, and devolve the work into his hands:

how can that man expect any other than a judgment of damnation, from

the righteous God, who hath deliberately condemned Christ himself in

his cause and servants, and sat in judgment to condemn the innocent?

Psal. ix. 7-9, "The Lord hath prepared his throne for judgment, and he

shall judge the world in righteousness; he shall minister judgment to

the people in uprightness; he will be a refuge for the oppressed."

Psal. xxxvii. 6, "He will bring forth thy righteousness as the light,

and thy judgment as the noon-day." Psal. lxxxix. 14, "Justice and

judgment are the habitation of his throne." Psal. ciii. 6, "The Lord

executeth righteousness and judgment for all that are oppressed."

Psal. cxlvi. 7. In a word, the sentence of an unjust judge is passed

against his own soul, and he calleth to God to condemn him

righteously, who unrighteously condemned others. Of all men he cannot

stand in judgment, nor abide the righteous doom of Christ.

_Direct._ II. When you well understand the greatness of the sin,

find out and overcome the root and causes of it in yourselves;

especially selfishness, covetousness, and passion. A selfish man

careth not what another suffereth, so that his own ends and interest

be promoted by it. A covetous man will contend and injure his

neighbour whenever his own commodity requireth it. He so much loveth

his money that it can prevail with him to sin against God, and cast

away his own soul; much more to hurt and wrong his neighbour. A proud

and passionate man is so thirsty after revenge, to make others stoop

to him, that he careth not what it cost him to accomplish it. Overcome

these inward vices, and you may easily forbear the outward sins.

_Direct._ III. Love your neighbours as yourselves: for that is

the universal remedy against all injurious and uncharitable

undertakings.

_Direct._ IV. Keep a tender conscience, which will not make light

of sin. It is those that have seared their consciences by infidelity

or a course of sinning, who dare venture with Judas or Gehazi for the

prey, and dare oppress the poor and innocent, and feel not, nor fear,

whilst they cast themselves on the revenge of God.

_Direct._ V. Remember the day when all these causes must be heard

again, and the righteous God will set all straight, and vindicate the

cause of the oppressed. Consider what a dreadful appearance that man

is like to have at the bar of heaven, who hath falsely accused or

condemned the just in the courts of men. What a terrible indictment,

accusation, conviction, and sentence must that man expect! If the

hearing of righteousness and the judgment to come made Felix tremble,

surely it is infidelity or the plague of a stupified heart, which

keepeth contentious persons, perverters of justice, false witnesses,

and unjust judges from trembling.

_Direct._ VI. Remember the presence of that God who must be your

final Judge. That he seeth all your pride and covetousness, and all

your secret contrivances for revenge, and is privy to all your deceits

and injuries. You commit them in his open sight.

_Direct._ VII. Meddle not with law-suits till you have offered an

equal arbitration of indifferent men, or used all possible means of

love to prevent them. Law-suits are not the first, but the last

remedy. Try all others before you use them.

_Direct._ VIII. When you must needs go to law, compose your minds

to unfeigned love towards him that you must contend with, and watch

over your hearts with suspicion and the strictest care, lest secret

disaffection get advantage by it: and go to your neighbour, and labour

to possess his heart also with love, and to demulce his mind; that you

may not use the courts of justice, as soldiers do their weapons, to do

the worst they can against another, as an enemy; but as loving friends

do use an amicable arbitration; resolving contentedly to stand to what

the judge determineth, without any alienation of mind, or abatement of

brotherly love.

_Direct._ IX. Be not too confident of the righteousness of your

own cause; but ask counsel of some understanding, godly, and impartial

men; and hear all that can be said, and patiently consider of the

case, and do as you would have others do by you.

_Direct._ X. Observe what terrors of conscience use to haunt

awakened sinners, especially on a deathbed, for such sins as false

witnessing, and false judging, and oppressing, and injuring the

innocent, even above most other sins.

A Christian Directory, Part 4: Christian Politics · 第 24 / 38 章