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The Whole Duty of Man · Richard Allestree

The Whole Duty of Man, Part 11

PARTITION XI. Of JUSTICE, about the Possessions of our Neighbour, against Injuring him, as concerning his WIFE, his GOODS. Of Malice, Covetousness, Oppression, Theft. Of Paying of Debts, &c.

§. 1. THe third part of Negative Justice His Possession.concerns the possessions of our Neighbours; what I mean by Possessions, I cannot better explain then by referring you to the Tenth Commandment, the end of which is to bridle all covetous appetites and desires towards the possessions of our neighbour. There we find reckoned up, not only his house, servants, and cattel, which may all pass under the one general name of his goods or riches, but particularly his wife, as a principal part of his possessions, and therefore when we consider this duty of negative justice, in respect of the possessions of our Neighbour, we must apply it to both his wife as well as his goods.

2. The especial and peculiar right that His Wife.every man hath in his wife is so well known that it were vain to say any thing in proof of it, the great impatience that every husband hath to have this right of his invaded, shews that it is sufficiently understood in the world, and therefore none that does this injury to another, can be ignorant of the greatness of it. The corrupting of a mans wife, enticing her to a strange bed, is by all acknowledged to be the worst sort of theft, infinitely beyond that of the goods.

3. Indeed there is in this one, a heap of the The enticing a mans wife the greatest injustice.greatest injustices together; some towards the woman, and some towards the man: Towards the Woman there are the greatest imaginable; it is that injustice to her soul, which was before mentioned as the highest of all others, 'tis the robbing her of her innocency To the woman.and setting her in a course of the horridst wickedness (no less then lust and perjury together) from which it is probable she may never return, and then it proves the damning of her eternally. Next it is in respect of this world, the robbing her of her credit, making her abhorred and despised, and her very name a reproach among all men; and besides it is the depriving her of all that happiness of life, which arises from the mutual kindness and affection that is between man and wife, instead whereof this brings in a loathing, and abhorring of each other; from whence flow multitudes of mischiefs, too many to rehearse, in all which the man hath his share also.

4. But besides those, there are to him many, To the man.and high injustices; for it is first the robbing him of that, which of all other things he accounts most precious, the love and faithfulness of his wife, and that also wherein he hath such an incommunicable right, that himself cannot, if he would, make it over to any oother; and therefore sure it canot without the utmost injustice be torn from him by any: Nor is this all, but it is farther the ingulfing him (if ever he come to discern it) in that most tormenting passion of jealousie, which is of all others the most painful, and which oft puts men upon the most desperate attempts, it being as Solomon sayes, Prov. 6. 34. The rage of a man. It is yet farther, the bringing upon him all that scorn, and contempt, which by the unjust measures of the world falls on them, which are so abused, and which is by many esteemed the most insufferable part of the wrong; and though it be true that it is very unjust he should fall under reproach, only because he is injured, yet unless the world could be new moulded, it will certainly be his lot, and therefore it adds much to the injury: Again, this may indeed be a robbery in the usual sense of the word, for perhaps it may be the thrusting in the childe of the adulterer into his family, to share both in the maintenance and portions of his own children; and this is an arrand theft: first, in respect of the man, who surely intends not the providing for another mans childe; and then in respect of the children, who are by that means defrauded of so much as that goes away with. And therefore whosoever hath this circumstance of the sin to repent of, cannot do it effectually, without restoring to the family, as much as he hath by this meanes rob'd it of.

5. All this put together will sure make this The most irreparable.the greatest and most provoking injury that can be done to a man, and (which heightens it yet more) it is that, for which a man can never make reparations; for unless it be in the circumstance before mentioned, there is no part of this sin, wherein that can be done; to this purpose it is observable in the Jewish Law, that the Thief was appointed to restore fourfold, and that freed him; but the adulterer having no possibility of making any restitution, any satisfaction, he must pay his life for his offence, Lev. 20. 10. And though now a dayes adulterers speed better, live many dayes to renew their guilt, and perhaps to laugh at those, whom they have thus injured, yet let them be assured, there must one day be a sad reckoning, and that whether they repent or not: If by Gods grace they do come to repentance, they will then finde this to be no cheap sin, many anguishes of soul, terrors, and perplexities of conscience, groans, and tears it must cost them; and indeed were a mans whole life spent in these penitential exercises, 'twere little enough to wipe off the guilt of any one single act of this kinde; what overwhelming sorrows then are requisite for such a trade of this sin, as too many drive? Certainly it is so great a task, that it is highly necessary for all that are so concerned, to set to it immediately, lest they want time to go through with it; for let no man flatter himself, that the guilt of a course and habit of such a sin can be washt away with a single act of repentance; no, he must proportion the repentance to the fault, and as one hath been a habit and course, so must the other also. And then how strange a madness is it for men to run into this sin (and that with such painful pursuits, as many do) which he knows must at the best hand, that is, supposing he do repent of it, cost him thus dear; but then if he do not repent, infinitely dearer; it loses him all his title to heaven, that place of purity, and gives him his portion in the lake of fire, where the burnings of his lust shall end in those everlasting burnings: For how closely soever he have acted this sin, be it so that he may have said with the adulterer in Job 25. 15. No eye seeth me, yet 'tis sure he could not in the greatest obscurity shelter himself from Gods sight, with whom the darkness is no darkness, Psalm 139. 12. And he it is, who hath expresly threatned to judge this sort of offenders, Heb. 13. 4. Adulterers God will judge. God grant that all that live in this foul guilt, may so seasonably, and so throughly judge them selves, that they may prevent that severe and dreadful judgement of his.

6. The second thing, to which this Negative Justice to our Neighbours possessions His goods.reacheth, is his Goods, under which general word is contained all those several sorts of things, as House, Land, Cattle, Money, and the like, in which he hath a right and property; these we are by the rule of this justice to suffer him to enjoy without seeking either to work him damage in any of them, or to get any of them to our selves: I make a difference between these two, because there may be two several grounds or motives of this injustice; the one malice, the other covetousness.

7. The malicious man desires to work his Malicious injustice.neighbour mischief, though he get nothing by it himself; 'tis frequently seen, that men will make havock, and spoil of the goods of one, to whom they bear a grudge, though they never designe to get any thing to themselves by it, but only the pleasure of doing a spight to the other: This is a most hellish humour, directly answerable to that of the Devil, who bestowes all his paines and industry, not to bring in any good to himself, but only to ruine and undoe others: and how contrary it is to all rules of justice, you may see by the Precept given by God to the Jews concerning the goods of an enemy, where they were so sar from being allowed a liberty of spoil and destruction, that they are expresly bound to prevent it, Exodus 23 45. If thou meet thine enemies Ox, or his Asse going astray, thou shalt surely bring it back to him again: If thou see the Asse of him that hateth thee lying under his burden, and wouldst forbear to help him, thou shalt surely help with him: Where you see it is a debt we owe to our very enemies, to prevent that loss and damage, which by any accident he is in danger of: and that even with some labour, and pains to our selves. How horrible an injustice is it then, purposely to bring that loss, and damage on him? Who ever is guilty of this let him never excuse himself by saying, he hath not inricht himself by the spoil of his neighbour, that he hath nothing of it cleaves to his finger, for sure this malicious injustice is no less a fault then the covetous one; nay, I suppose in respect of the principle & cause, from which it flowes, it may be greater, this hatred of another being worse then the immoderate love of our selves; whoever hath thus mischieft his neighbour, he is as much bound to repair the injury, to make satisfaction for the loss, as if he had enriched himself by it.

8. But on the other side, let not the covetous Covetous injustice.defrauder therefore judge his sin light because there is another, that in some one respect outweighs it; for perhaps in others his may cast the scales; certainly it does in this one, that he that is unjust for greediness of gain is like to multiply more acts of this sin, then he that is so out of malice; for 'tis impossible any man should have so many objects of his malice, as he may have of his covetousness; there is no man at so general a defiance with all mankind that he hates every body; but the covetous man hath as many objects of his vice, as there be things in the world he counts valuable: But I shall not longer stand upon this comparison, 'tis sure they are both great and crying sins, and that is ground enough of abhorring each: let us descend now to the several branches of this sort of covetous injustice; 'tis true they may all bear the name of robbery, or theft, for in effect they are all so, yet for methods sake it will not be amiss to distinguish them into these three, Oppression, Theft, and Deceit.

9. By Oppression I mean that open and barefaced Oppression.robbery, of seizing upon the possessions of others, and owning, and avowing the doing so. For the doing of this there are several instruments; as first that of power, by which many Nations and Princes have been turned out of their rights, and many private men out of their estates: Sometimes again, Law is made the instrument of it; he that covets his neighbours lands or goods, pretends a claim to them, and then by corrupting of Justice by Bribes and gifts, or else over-ruling it by greatness and authority gets judgment on his side: This is a high oppression, and of the worst sort, thus to make the Law, which was intended for the protection, and defence of mens Rights, to be the meanes of overthrowing them; and it is a very heavie guilt, that lyes both on him that procures, and on him that pronounces such a sentence, yea, and on the Lawyer too, that pleads such a cause, for by so doing he assists in the oppression; sometimes again, the very necessities of the oppressed are the means of his oppression; thus it is in the case of Extortion, and griping Usury: a man is in extream want of money, and this gives opportunity to the executioner to wrest unconscionably from him, to which the poor man is forced to yield to supply his present wants. And thus also it is often with exacting Land-Lords, who when their poor tenants know not how to provide themselves elsewhere, rack & skrew them beyond the worth of the thing. All these and many the like are but several wayes of acting this one sin of Oppression which becomes yet the more hainous, by how much the more helpless the person is, that is thus oppressed, therefore the oppression of the widow, and fatherless, is in Scripture mentioned as the height of this sin.

10. It is indeed a most crying guilt, and Gods vengeance against it.that against which God hath threatned his heavie vengeance, as we read in divers texts of Scriptures: Thus it is, Ezek. 18. 12. He that hath oppressed the poor, and hath spoiled by violence, he shall surely die, his blood shall be upon him; and the same sentence is repeated against him, ver. 18. Indeed God hath so peculiarly taken upon him the protection of the poor, and oppressed, that he is engaged as it were in honour to be their avenger, and accordingly, Psal. 12. We see God solemnly declare his resolution of appearing for them, ver. 5. For the oppression of the poor, for the sighing of the needy, now will I arise, saith the Lord, I will set him in safety from him; the advice therefore of Solomon is excellent, Prov. 22. 22. Rob not the poor, because he is poor, neither oppress the afflicted in the gate, for the Lord will plead their cause and will spoil the soul of those that spoiled them; they are like in the end to have little joy of the booty it brings them in, when it thus engages God against them.

11. The second sort of this injustice is Theft, Theft.and of that also there are two kinds, the one the withholding what we should pay, and the other taking from our neighbour what is already in his possession.

12. Of the first sort is the not paying of Not paying what we borrow.debts, whether such as we have borrowed, or such as by our own voluntary promise are become our debts, for they are equally due to him, that can lay either of these claims to them; and therefore the withholding of either of them is a theft, a keeping from my neighbour that which is his; yet the former of them is rather the more injurious, for by that I take from him that which he once actually had (be it money, or whatsoever else) and so make him worse then I found him: This is a very great, and very common injustice; men can now a days with as great confidence deny him that asks a debt, as they do him that asks an alms, nay many times 'tis made matter of quarrel for a man to demand his own, besides the many attendances the creditor is put to in pursuit of it, are a yet farther injury to him, by wasting his time, and taking him off from other business, and so he is made a looser that way too. This is so great injustice, that I see not how a man can look upon any thing he possesses as his own right, whilst he thus denies another his. It is the duty of every man in debt, rather to strip himself of all, and cast himself again naked upon Gods providence, then thus to feather his nest with the spoils of his neighbours. And surely it would prove the more thriving course, not only in respect of the blessing, which may be expected upon justice, compared with the curse, that attends the contrary, but even in worldly prudence also; for he that defers paying of debts, will at last be forc't to it by Law, and that upon much worse terms, then he might have done it voluntarily, with a greater charge, and with such a loss of his credit, that afterward in his greatest necessities he will not know where to borrow. But the sure way for a man to secure himself from the guilt of this injustice, is never to borrow more then he knows he hath means to repay, unless it be of one, who knowing his disability, is willing to run the hazard. Otherwise he commits this sin at the very time of borrowing; for he takes that from his neighbour upon promise of paying, which he knows he is never likely to restore to him, which is a flat robbery.

The same justice which ties men to pay their What we are bound for.own debts, ties also every surety to pay those debts of others, for which he stands bound, in case the principal either cannot or will not: for by being bound, he hath made it his own debt, and must in all justice answer it to the creditor, who its presumed, was drawn to send on confidence of his security, and therefore is directly cheated and betrayed by him, if he see him not satisfied. If it be thought hard, that a man should pay for that which he never received benefit by, I shall yield it, so far as to be just matter of wariness to every man how he enter into such engagements, but it can never be made an excuse for the breaking them.

As for the other sort of debt, that which is What we have promised.brought upon a man by his own voluntary promise, that also cannot without great injustice be withho…den; for it is now the mans right, and then 'tis no matter, by what means it came to be so. Therefore we see David makes it part of the description of a just man, Psa. 15. 4. that he keeps his promise yea, though they were made to his own disadvantage; and surely he is utterly unfit to ascend to that Holy Hill, there spoken of, either as that signifies the Church here, or Heaven hereafter that does not punctually observe this part of justice. To this sort of debt may be reduced the wages of the servant, the hire of the labourer, and the withholding of these is a great sin, and the complaints of those that are thus injured, ascend up to God. Behold (saith S. James) the hire of the labourers which have reap…d down your fields, which is, of you kept back by fraud, cryeth, and the cryes of them that have reaped, are entred into the ears of the Lord of Sabaoth: and Deut. 24. 14. 15. we find a strict command in this matter. Thou shalt not oppress an hired servant that is poor and needy, at his day thou shalt give him his hire, neither shall the Sun go down upon it, for he is poor, and setteth his heart upon it, lest he cry against thee to the Lord, and it be sin unto thee. This is one of those loud clamourous sins, which will not cease crying, till it bring down Gods vengeance, and therefore though thou have no justice to thy poor brother, yet have at least so much mercy to thy self, as not to pull down judgements on thee by thus wronging him.