Worthy Communicating, Introduction · Part 3 · Chapter 4

Worthy Communicating · Introduction · Part 3 · Chapter 4

p. 304CHAP. IV. Of Law-Suits.

The Contents.

They are an Hindrance from the Communion, when there is sin in them. They are not sinful in themselves, which is shewn, 1. From the necessity of them. 2. From the Magistrates Office being appointed for them. 3. From Gods taking Legal Determinations upon himself, as if he were the Author of them. 4. From Courts erected by consent in the Apostles Days, which ministred to them. These St. Paul prescribed to the Corinthians, 1 Cor. 6. They are the Assemblies mention'd Jam. 2.2. 5. From our Saviours, and St. Pauls Practice, who, in claiming the Benefit of them, warranted and authorized them. An objection from Mat. 5.38, 39, 40. consider'd; which is shewn not to condemn defending our selves in any case when others implead us; nor moving Suits in all, but only in case of lighter L…sses and Indignities, such as our Saviour there mentions, or making them minister to Revenge p. 305in any others. And 1 Cor. 6.7. answered, which makes them not a Damning sin, but only, when some Virtuous ends do not require them, a Defect and Diminution. But they are sinful, 1. When they are begun upon an unjustifiable Ground. Such they always are, 1. When they are Vindictive, not Reparative; as when we sue insolvent Persons; or others upon such Words or Actions, for which, besides costs, no Dammages that are valuable are like to be allotted us. 2. When they are for Reparation of small things, which countervail not the evil and hazard of a Suit, but ought to be a matter of Patience and Forgiveness, and so be quietly put up without recourse to it. In judging of this smallness, we must not estimate by our own Pride and Passions; but by the reality of things, and the Judgment of indifferent, humble, and dispassionate Persons. This is true, not only in case of Injuries to our own selves, but also in case of Trust, when we have the charge of others. 2. Suits are sinful when they are carried on by a sinful management: As they are, when they make us Transgress any of those Duties towards our Adversaries, which oblige us towards all Persons. To avoid all these in suing is an hard point: So we must be slow in coming to it, and p. 306very circumspect when we are forced upon it. The Answer to this Hindrance summ'd up.

BEsides those Particulars, which I have considered in the last Chapter, there is another want of Charity, which may seem of greater weight, and which is most commonly pleaded in Excuse of mens abstaining from the Holy Sacrament; and that is the point of Law-Suits. For this is very frequently given as a Reason why men dare not receive the Communion, because they have a Legal Controversie with their Neighbours, and a Suit depending.

Now as to Law-Suits, when they have no sin in them, they are like all other indifferent things, and need not hinder men: but when they are sinful, they are like all other sins, i. e. they unfit us till we shew Repentance, and ought to hinder us so long as we continue in them. But as then they are an hindrance to a worthy Receiving; so are they equally to a worthy Prayer, and to all just hopes of Heaven. Whilst we go on with them, we cannot pray to God, or think to have our sins pardon'd, or, should we be snatched away to Judgment in this state, expect to be happy in another World. And this is a state, p. 307wherein no considerate man will persist for one moment; but when he sees his Suit is so offensive to God, and brings his Eternal welfare into so great hazard, he will either manage it more innocently, so as that there shall be no offence in it; or break it off without delay, and instantly put an end to it. And when once he has done this, or is fully purposed in his own mind so to do; he is again a Friend of God, and fit to joyn in the Holy Sacrament, as well as in Prayers, or in any other part of Worship.

Thus doth the weight of this Hindrance from the Communion, lye in the innocence or unlawfulness of the Suit which is depending. And therefore that Persons at Law may know when they are unfit to Communicate till they have put a stop to it, and when they may do it notwithstanding it; I shall here state the case of Law-Suits, and shew when a Tryal is our Fault, and when 'tis innocent, that so we may know when we need not, and when we ought to be hindred by it.

In pursuit of this, I shall endeavour to clear up these two Particulars.

1. A Suit at Law is not a thing unlawful in it self, but may be innocent, if nothing else comes in to make a sin of it. But then,

p. 3082. It is our sin and a matter of our account, when it is either upon an unjustifiable Ground, or carried on by a sinful management.

1. I say, a Suit at Law is not a thing unlawful in it self, but may be innocent if nothing else comes in to make a sin of it.

It is no unlawful thing barely to dispute a Title, or to bring an Action; it is in some Cases allowed, as well as in others it is prohibited: so that a man may be Faultless that has a Suit, unless something more comes in to make him a Transgressour in it. The offence lies not in the Nature of it, so as to be inseparable from the Thing; but only in the Cause, or in the manner of Suing: for as St. Paul said of the Law of God among the Jews, so may we of the Laws of our several Countries, the Law is a good thing if a man use it lawfully, 1 Tim. 1.8; it is no sin to use it or take the benefit of it, but only to transgress some other Precept, or join some other sin with it when we do.

Now this may appear,

1. From the necessity of it.

2. From the Magistrates Office being appointed for it.

3. From Gods taking a Legal Determination upon himself, as if he were the Author of it.

p. 3094. From Courts being Erected by consent in the Apostles Days, to minister to it.

5. From the Practice of our Blessed Saviour, and St. Paul who claimed the Benefit of it, and thereby plainly warranted and authorized it.

1. It appears, I say, from the necessity of it. A Tryal at Law must needs be innocent in it self when nothing else corrupts it, because it is a thing we cannot want, and there is no living in the World without it. For take away Law, which should secure innocent mens Properties, and bridle all Envious, Angry, Spiteful, Covetous, Insolent, and Ambitious mens rapacious and encroaching humours: and, since all places are fully stored with these injurious Tempers, the Wicked being by far the greatest numbers, the Quiet and Conscientious must flee into Woods and Desarts, or, if they stay to Associate with others, become every where a Prey to their greedy and usurping Neighbours. If there were no Laws to protect them, there were no living in this World for good men; and in effect there would be none, if it were a sin in them to try a Title, or Right themselves by them. For no man that had a mind to it, would be aw'd p. 310from doing wrong by a Law that is always to be a Sword in a Scabbard, and must never be pleaded against him, or executed upon him when he transgresses it. The use of Law then in this World is absolutely necessary to all Society, to keep Peace and Justice in all Converse, and to protect and encourage all such as desire to serve God and to be Conscientious. And since there is that necessity of it for Gods Service, and all Virtuous Ends; it cannot in its own Nature be a thing offensive, and unlawful to us. It cannot be it self a Sin, which God has made so absolutely necessary to keep all others out: it must needs be allowed by him, since without it his own ends of Peace and Justice cannot be attain'd; it is at least sure an innocent, if not a good thing, which gives the only protection to all Goodness, and without which there is no living for Good men in Societies, where they may do God publick Service, and draw in others, nor indeed any safe abode for them upon the Earth at all.

2. That a Suit at Law is not sinful in it self, but may sometimes be innocent, appears from the Magistrates Office being appointed for it.

One part of the Magistrates Office lies, indeed, in protecting his Subjects against p. 311all Foreign Force and Invasions. But his most ordinary and constant work, is to administer Justice, and maintain Peace among themselves; which is done by hearing Causes, and judging in all Controversies and Arraignments, giving Sentence on the side which the Law favours, and where the Right Lies. Thus is …t the Magistrates Office to hear Causes or Suits at Law, and to decide them. And this work he doth not assume to himself, either without, or against Gods liking; but according to his appointment, and altogether with his approbation. For by me, says Wisdom, Kings Reign, and Princes Decree Justice, Prov. 8.15. And the Powers that be, says St. Paul, are appointed of God, they are Gods Ordinance, Rom. 13.1, 2. And since God himself appoints them to hear our Causes, we may well presume he will not look upon it as our sin to bring them to their hearing. For God would never appoint an Ordinance to minister only to Mens sins, and to put them in a way of multiplying Offences; so that since he has appointed Officers to hear it, a Suit at Law in it self must needs be innocent, and capable to be carried on without any sin at all.

Nay, God has not only appointed the Magistaates Office for it: But moreover,

p. 3123. When a Legal Determination is given, he takes it upon himself, as if he were the Author of it; which is still a further Evidence that we do not sin barely in seeking to it.

He takes a Legal Determination, I say, upon himself, as if he were the Author of it. In the Jewish State, God was their Political Prince and Soveraign, and the Judges among them were as much his Deputies, and did represent his Person, as now the Judges do the Person of their several Princes in all other Nations. And therefore Moses told them when he appointed them, that the Judgment was God's, and that they gave Sentence only as his Deputies, and judged not for themselves, but for the Lord, Deut. 1.17.

Now, tho' other Nations cannot look upon God as their Secular King, and State-Head in all those Points which the Jews could, for he gave them Laws in Civil Affairs, and issued out Directions in State Exigencies, and the like: yet as to this they can, that all their Governours are but Substitutes under him, and that he owns what is legally and justly Determined by them. For the Magistrate he looks upon as his Minister and Vicegerent, who doth all things in his Name and Stead; the Power, says St. Paul, is p. 313the Minister of God, Rom. 13.4. And since he acts as his Servant, he takes his judicial Determination upon himself, as if it were his own, and he were the Author of it. For this he doth plainly in Criminal Causes, and the Case is the same in all other Judicial that are not Criminal. When any man is wrong'd, saith he, let him not avenge himself, for Vengeance is mine, I will repay it; i. e. by the Magistrate who is my avenger to Execute Wrath, so that when he punishes, you may look upon it as if I had done it, Rom. 12.19. and 13.4.

And since a Legal Determination is owned by God himself as if he were the Author of it, we may be sure, whilst all things else are right, that there is no hurt barely in our seeking of it. It can be no sin to ask what God grants, for he hears not Sinners in their Sins, Joh. 9.31; nor can it give any Offence in a controverted Case, to appeal to his own Sentence. So that since in all Legal Determinations it is God himself, who by his Ministers passes Judgment; we may be assured that we do not displease him in applying our selves thereto, when there is just cause for it.

4. That a Suit at Law and all Judicial p. 314Process is not in it self a Sin, appears from Courts being Erected by consent in the Apostles days, for the Management and Conduct of them.

Now that such Courts were then Erected, I shall shew from two places; one of St. Paul, wherein he prescribes them; and another of St. James, wherein he makes mention of them.

1. It appears from one place in St. Paul, wherein he prescribes them; and that is 1 Cor. 6. where he orders the Corinthians to appoint Courts of Judgment among themselves, that so they might have no need to expose their Religion, by impleading one another before the Heathen-Tribunals. Do not ye know, says he, that the Saints shall judge the World? And if the World shall be judg'd by you, are ye unworthy to judge the smallest matters, or unworthy of the smallest ††foreign.Judicatures? If then ye have Judgment of things pertaining to this Life, or if ye have recourse to **foreign.secular Judicatures; go not before Unbelievers, but set some, yea, rather than Infidels, those that are least esteemed, or ††foreign.set at nought in the Church, p. 315set them, I say, to judge, or in the **foreign.Chair of Judgment, v. 2, 4.

Thus doth he advise them to erect among themselves standing Courts by consent, when, the Power being in Heathens hands, they could not otherwise be supplied in their own Body with Seats of Judgment.

2. It appears also from another Place in St. James, wherein he makes mention of them. And that is Jam. 2.2, 3, 4. If there come into your Assembly or ††foreign.Synagogue a man with a Gold Ring, &c. Into your Assembly, i. e. your Judicial Court, where the respect of Persons was not to be permitted.

That the word here rendered ††foreign.Assembly or Synagogue, signifies sometimes more particularly Court Assemblies, and Judicial Consistories, appears from Mat. 10.17. where our Saviour tells his Disciples of being delivered up to Consistories, and scourged in their ††foreign.Synagogues i. e. in their Judgment Halls. And so also Mat. 23.34.

And that it ought to signifie such Consistories p. 316and Court Assemblies, (which were then used both in Ecclesiastical and Civil Affairs) in this place, appears both from the thing it self, and from several particulars here spoken of these Assemblies which seem so to determine it.

The thing it self, I say, seems so to require it. For in these Assemblies St. James condemns all Respect of Persons, and discrimination of Rich and Poor, by giving Honour according to Peoples Qualities: which was unlawful only in Judicatures, but is a Duty in Conversation and Common Carriage. For it is an Apostolical Precept, to give Honour to whom Honour is due, Rom. 13.7. And those Servants, who have believing Masters, are forbid to with-draw any thing of their Respect, presuming upon their Spiritual Kindred, or to Honour them the less, because they are become their Brethren in being Believers, 1 Tim. 6.2. So that although in Judgment-Seats, not mens Qualities, but Causes only ought to be respected; yet in other Assemblies a regard may be given to their Persons, and 'tis commendable so to do.

And several Particulars here spoken of these Assemblies seem so to determine it. For the Offenders here taxed with Respecting Persons in them, are said to have a Foot-stool, p. 317which belongs to Chairs of State and Judicatures; to give Evil Judgment; to pass Sentence against the poor M…ns Cause, without deliberating on it, or debating it; and to transgress the Law in making a difference according to mens Qualities, particularly in bidding the Rich to sit, and the poor to stand, which was expresly forbid by a Canon of the Jews to all that sate in Judgment: all which shew that Courts of Judicature are the Assemblies here specified.

The Offenders here taxed, I say, for respecting Persons in these Assemblies, are said to have a Foot-stool. For so the Apostle expresses himself, v. 3. Ye have respect to him that wears the gay clothing, and say unto him, sit thou here in a good Place; and say to the Poor, stand thou there, or sit here under my Footstool. And this is a probable intimation of their Dignity and Authority in the place where they sate; for Foot-stools ordinarily are Appendages only of the Chairs of Great Persons, who have Power and Superiority over others, as of Princes on their Thrones, and Judges upon Tribunals.

They are said to give Evil Judgment, i. e. to pass Sentence on the wrong side, as he is like to do who tries not Things but Persons, and determines from By-respects, p. 318not from the merits of the Cause which is to be decided. By this respect of Persons, says he, ye are become Judges of Evil Thoughts, i. e. you give Evil and Perverse Judgments, v. 4.

They are said to pass Sentence on the Poor mans Cause, without deliberating on it, or debating it. Ye say to the Rich, saith he, sit thou here, and to the Poor stand that at a distance there: ††So the Greek is literally to be rendered The words are foreign, and ye have not disputed it among your selves, …, are ye not partial in yourselves? by way of Interrogation, as we translate it. For foreign is w…nt to ask a question, only wh…n it is … first, n…t w…n it h…s anoth…r … it, as foreign is here. And foreign in the … have made a difference, or act …, which is exp…ess…d by the Active foreign but ye have n…t been in doubt or d…spute … that ordinarily agrees … Mat. 21.21. Mar. 11.23. Rom. 4.2. Jam. 1.6. and in other places.Matt 21:21Mark 11:23Rom 4:2Jas 1:6and ye are not doubtful or debate his Cause in or **foreign.among your selves, but are Judges of evil Thoughts, or give perverse Judgments; for so the words are most naturally rendred, and not, as we do, are ye not partial in your selves, and Judges of Evil Thoughts? v. 3, 4. And this shews plainly that their respect of Persons was expressed in Judicial Process, in giving rash Sentence in favour of p. 319the Rich, without ever staying to hear the Plea, or weigh the Reasons of the Poors Cause.

They are said to transgress the Law in this regarding Persons, and treating them differently according to the difference of their outward State and Condition; when in this different carriage towards Rich and Poor, ye have respect of Persons, says he, ye commit sin, and are convinced of the Law, which plainly forbids such practice, as Transgressours, v. 3.9. And this seems clearly to restrain it to their Court-Assemblies. For in Judgment there is a Law forbidding all respect of Persons, Ye shall not respect Persons in Judgment, but you shall hear the small as well as the great, Deut. 1.17. and Levit. 19.15. But there is no Law that forbids it, yea, rather, since St. Paul injoins us to give Honour where Honour is due, and directs Servants to pay never the less, but rather more Reverence to their Masters, because they are Believers, and would not have ††1 Cor. 14.33.1 Cor 14:33Confusion introduced, but Order kept in the Church as well as in other places; there may seem enough, not only to warrant, but to recommend it in all other Cases. Besides, what is still a further Evidence of this point, they are said particularly to transgress p. 320the Law in bidding the Rich to sit, and the Poor to stand, v. 3, 9; which, as a ††Dr. Ham. Annot. in loc.great man observes, was a thing expresly forbid by a Canon of the Jews to all that sate in Judgment. For that required in all Suits and Judicial Tryals betwixt Rich and Poor, that either both should stand, or both should sit; which is a thing, as he adds, that the Jews observe at this day in hearing Causes; for then, if one presuming upon his quality take a Seat, the Judge presently says to the other, sit thou down also.

And thus I think it appears, that the Assemblies, which in this intricate place St. James mentions, are Court-Assemblies and Judicial Consistories; both because the Nature of the thing seems to require it, since in them he forbids all respect of Persons, which elsewhere is not prohibited; and also because several particulars here spoken of them seem so to determine it. For they are said to be such Assemblies, wherein is a Foot-stool, the usual Appendant to Chairs of State and Seats of Judgment; wherein men were Judges of Evil Thoughts, i. e. judged wrong, and gave perverse See…tnce; wherein they Condemned the Poor mans Cause without deliberating on it, and debating it; wherein to respect p. 321Persons, was against a plain Law forbidding it, as we find there is a very express one in Judicial Proceedings, but none at all, nay, rather the contrary in all other Cases; and, lastly, such wherein to bid a Rich man sit, and a Poor man stand, was a transgression of a Precept, as in Court Assemblies it plainly is, being against an express Canon of the Jews in Judgment. By all which I suppose it may appear, that Judicial Consistories are the Assemblies here intended.

Thus were Judicatures prescribed, and ordinarily used in the Apostles Days. St. Paul appoints the Corinthians to ere…t them; and St. James makes mention of them as of an ordinary thing among them; and that too without passing any mark of dislike upon the Courts themselves, when he blames that partiality and respect of Persons which they shewed in them. These Judicatures, indeed, were erected by their own consent among themselves; and were not imposed on them by Power and Authority, as other Legal Tribunals are: but they serv'd for the same end of hearing Causes, and passing such Sentence as should take effect and put an end to Controversies, as other Judgment-Seats; so that the same thing was done by them in suing in their Courts, p. 322which is done by us in ours. In our Judgment-Halls, 'tis true, where things are managed by Advocates, that oftentimes seek Conquest and not Justice, and ransack all Reserves of Law to support, as long as Craft can do it, an unrighteous Cause; there is more room for ill Arts, which bring more sin into our Pleadings. But that is not a Fault inseparable from Suits, but is the sin of Managers; it lies not naturally upon the thing, but only upon the Contingent circumstances and manner of doing; so that if we are careful to keep it free from them, a Suit in it self may still be innocent, and carried on as lawfully in our Courts, as it was in those of the Apostles Days.

And as this Lawfulness of Judicial Process appears from these Legal Courts erected in the Apostles Days to minister to it: so doth it yet further,

5. From the Practice of our Blessed Saviour, and St. Paul, who claimed the benefit of it, and thereby plainly warranted and authorized it.

Our Blessed Lord himself, I say, claimed the Benefit of it. For when the Officer in the High-Priests presence struck him with the Palm of his Hand, he openly complains of the illegality of the Act, p. 323and expostulates before him for a redress of it. If I have spoken Evil, says he, testify against me, and bear witness of the Evil: but if well, why smitest thou me? Joh. 18.22, 23.

And after him St. Paul was not afraid to plead his own Cause, and serve himself of Law, when others went about to use him with Violence contrary to it. For when the Chief Captain ordered him to be scourged uncondemned, he pleads the Legal Priviledge of a Roman, who ought not to be so treated, Act. 22.24, 25. And when the Magistrates of Philippi, contrary to all Law and Priviledge, had scourged him and Silas, without any hearing of their Cause; he threatens them for it, and would not put it up, unless in Compensation they would come themselves in Person to release them out of Prison, and do them Honour before all the Multitude: Act. 16.36, 37, 38, 39. Nay, he uses all wise Arts of Law to maintain a Righteous Cause, and when he was not like to have Justice done him in one Court, protests against it, and claims the Benefit of appeal to another. For when Festus willing to do the Jews a Pleasure, would have had him go up to be judg'd before him at Jerusalem, in the way whereto the Jews design'd to murder him; he answered, p. 324I stand at Caesars Judgment-Seat, where I ought to be judged; if I have committed any thing worthy of Death, I refuse not to die; but if there be none of these things whereof these accuse me, as thou very well knowest, the Law of the Empire is my Protection, and no Man may deliver me unto them, I appeal unto Caesar, Acts 25.3, 9, 10, 11.

And thus from all these Considerations it appears, that a Suit at Law is not a thing unalterably evil, and unlawful in it self; but may very innocently be carried on, if no Sin mixes with it to turn it into a Transgression. It is a thing which God has allowed when we have just cause for it, and are guilty of no Vice in the Course and Conduct of it. For he himself has put us into a necessity of it, and has appointed the Magistrates Office for it, and takes upon himself the just Judgment which is given in it; and when Christians became a distinct Body, Courts were set up by the Order of the Apostles themselves to Minister to it; and, as it fell in their way, our Blessed Lord, and St. Paul too have serv'd their own turns by it: By all which 'tis plain that a course of Law may sometimes innocently be used, since otherwise God and these Good Men, could never have been thus concerned about it.

p. 325But against all this some may urge two places, which seem to take away all Suits among Christians, and to forbid all legal Defence, by requiring a patient Sufferance of all Losses and Indignities which should occasion them. One is, Mat. 5.39. in point of Indignities; the other is, Mat. 5.40. and 1 Cor. 6.7. in point of Losses and spoil of Goods: And if both these must be suffered with Patience, without any Legal Defence or Righting of our selves; what is there left to be matter of Civil Causes for us to Sue and Contend for?

These Pleas seem fair, and therefore it is fit they should have an Answer.

One Place seems to forbid all Suits and Legal Righting of our selves, in case of Affronts and Indignities; and that is, Mat. 5.38, 39. Ye have heard, says our Saviour, that it hath been said in the Law of Moses, an Eye for an Eye, and a Tooth for a Tooth: i. e. When any one had offered these Violences to them, they were allowed by judicial Process (this Law of Retaliation being directed to the Judges, Exod. 21.23, 24.) to inflict the very same on them again. But in opposition to this, I say unto you, resist not Evil, or the Evil ††foreign.Man, not only forcibly by Private Violence, p. 326but also legally by publick process, for so the **foreign.word rendred Resist ††as, Jer. 49.19. who will appoint me the time, or, as it is rendred in the Margin, convent me to plead; which the 70 express by foreign; And so again, Chap. 50.44.Jer 49:19sometimes signifies, and its opposition to these Legal Retaliations among the Jews here imports. But whosoever shall smite thee on the right cheek, turn to him the other. And so again in case of Losses and spoil of Goods, ver. 40. If any Man will Sue thee at the Law, and take away thy Coat or ††foreign.inner Garment; rather than contend with him for that, hazard a further Loss, and let him take thy ††foreign.Cloak or upper Garment also. Conformable whereto the Apostle tells the Corinthians, that they are utterly in a fault, in not suffering themselves to be Defrauded, but seeking Remedy by a Suit or going to Law at all, 1 Cor 6.7.

Now in Answer to these places, I observe,

1. That … are not meant literally and absolutely, … …urning our Cheek to all Smiters, or … our Goods to all ravenous Encroach…s: …ea, that they do not forbid p. 327us at any time to serve our selves of Law, when others implead us; nor at all times to seek unto Magistrates, and implead others.

2. That they are meant proverbially, and only forbid moving Suits in lighter Losses and Indignities, such as our Lord there mentions, or making the Law the Minister of Revenge in any others.

1. I say, they are not meant Literally and absolutely, of turning the Cheek to all Smiters, or yielding our Goods to all ravenous Incroachers; nor forbid us at any time to serve our selves of Law, when we are brought before Tribunals. For this our Blessed Lord himself did, as we have seen, when the Officer struck him before the High-Priest; he offers not himself for another blow, but argues against the illegality of what he had already received, Joh. 18.22, 23. And this St. Paul did, when the Chief Captain would have scourged him uncondemned; he pleads the priviledge of a Roman, which ought to secure him from being so hardly treated, Acts 22.25. And this he did again, when Festus would have sent him to Jerusalem to be Tryed; he appeals to Caesar, and claims the Benefit of his Judgment-Seat where he ought to be judged, Acts 25.9, 10, 11. They did not invite fresh injuries, by laying themselves open to p. 328them; but stood upon their own Defence, and Legally withstood them. So that these Precepts are not to be taken in the Literal Compass, (in which sence St. Paul, yea, and Christ himself too, would have been Transgressors,) nor so as to forbid us at any time to serve our selves of Law when we are brought before Tribunals: since St. Paul, who very well understood them, nay, our Blessed Lord, who to the height fulfilled them, have taught and authoriz'd us by their Example so to do.

Nay, they do not forbid us in all Cases to bring others before Magistrates, and seek unto Judicatories to Right our selves. For St. Paul did something towards this in his Contest with the Philippian Magistrates; where, though he was an Offender against the Laws, yet in regard they had treated him illegally, in scourging him and Silas uncondemned, against the Priviledge of Romans; he terrifies them with it, and would not put it up, till they Compounded with him upon his own Terms, and brought him honourably out of Prison in the Eyes of all the Citizens, Acts 16.36, 37, 38, 39. Besides, as I have already shewn, that this is sometimes lawful among Christians, is evident from the Law-Courts in the Apostles p. 329Days, which were prescribed by the Apostles themselves for this very purpose. It is clear from the necessity of it, since there is no living in this World for honest and Conscientious Men without it: From Gods having appointed an Officer on purpose, the Magistrate I mean, to take care of it; and from his taking a just Law-Determination upon himself, a… if he were the Author of it: So that some seeking unto Courts, and judicial endeavors to Right our selves, are still innocent; and therefore all cannot be here prohibited.

As for these Places then, they are not meant Literally and Absolutely of turning our Cheek to all Smiters, or of yielding our Goods to all ravenous Encroachers: They do not forbid us at any time to serve our selves of Law when others unjustly implead us; nor at all times to seek unto Magistrates, and implead others.

But,

2. They are meant Proverbially, and only forbid MOVING Suits in Lighter Losses and Indignities, such as our Lord there mentions; or making Law the Minister of Revenge in any others.

They require Patience, and forbid MOVING Suits in lighter Losses and Indignities. To turn the Cheek to a Smiter, is a p. 330Proverbial Speech, which denotes our calm endurance and patient bearing of injuries. And so the Afflicted Mans Patient carriage is expressed, Lam. 3.—he giveth his Cheek to him that smiteth him, v. 30. And to let him that Sues for the Coat, i. e. the ††foreign.Shirt or inner Garment, take the Cloak also, is a Proverbial Phrase too, (for in the truth of the Letter, a Shirt is no likely matter of a Law-Suit,) and signifies an uncontesting sufferance of such small Losses, tho that may expose us to bear some others, and those more weighty ones. So that when our Saviour bids us give the other Cheek to the Smiter, and the upper Garment to him that has taken away the inner, i. e. to venture the inviting him to a second injury by his success, rather than to ingage in variance: His meaning is, that in these, or such other light injuries, which either leave no permanent effect, or only such as may be born without any great Prejudice; we should exercise our Patience, and not go to Law, either to recompense the past, or to prevent future sufferings. And therefore if in these smaller matters we enter Actions and implead others, that indeed is our Sin; since here he enjoyns us Charitably and Patiently to bear, and not to Sue for them.

p. 331And as they forbid all Suits in these, so do they all Malice, and making Law the instrument of Revenge in any others. Ye have heard, saith our Saviour, that it hath been said an Eye for an Eye, and a Tooth for a Tooth: i. e. they were allowed in course of Law to return ill who had suffered it, when as in these instances mentioned, they had no other benefit by it, but only the pleasure of seeing him smart who had occasioned it; which is properly Revenging it, for to Revenge an injury is in hatred to return it. But in opposition to this, I say unto you, (so that Revenge being the thing there allowed, it must in the opposition be here prohibited) resist not evil, i. e. in any kind of Resistance, which is Revenging it as they might: But whosoever shall smite thee on the right cheek, turn to him the other, &c. i. e. Be readier to suffer another injury, than spitefully to commence a Suit, or in any sort to Revenge what is received already, v. 38, 39, 40.

As for this place in St. Matthew then, it forbids us not to defend our selves by Law in any case, nor in all to bring an Action and implead others: But it only forbids Suits in lighter Losses and Indignities, such as our Lord there mentions, and making the Law the instrument of Revenge in weightier matters.

p. 332But even in those Cases, where it is no Sin to use Law, and our Saviour Christ has not forbid it: Yet if it is only our own concern and no point of Trust, it is a more noble thing, and a greater pitch of Christian Perfection, to abstain from it.

When we are in trust for others, indeed this is not to be advised; for we must not be Generous in Charities at their cost, nor affect heights in Patience when they are to pay for it: lest whilst we aim at a great pitch of Passive Virtues, and Love towards Offenders, we be found wanting in Justice and Faithfulness towards our own Charge. And this is to be extended not only towards Strangers, who are voluntarily committed to us; but also in due measure, to our own Children and Families, for whom we ought to ††2 Cor. 12.14.2 Cor 12:14provide convenient support, and whom God and Nature have intrusted to us.

But when the Loss is only to our selves, and doth not any way Defraud others of what they might in Reason claim from us, or, as in the Case of Pious or Charitable Works, of what we had allotted them in our own Designs: tho without Sin we might Sue for it, yet doth it shew more of that Charity which ††1 Cor. 13.5.1 Cor 13:5seeks not her own, and is p. 333a nobler attainment in a Christian, Patiently to sit down under it; as Athenagoras tells us the Christians in his time usually did, who ††Their way is, foreign. Athen. Legat. p. 12.when their Goods were violently seized would not draw the injurious Persons into Judgment. And this St. Paul affirms of it, 1 Cor. 6. There is utterly or ††foreign.altogether a fault or a **foreign.defect among you, because ye go to Law at all one with another. Why do ye not rather take wrong? Why do you not rather suffer your selves to be defrauded? v. 7. He doth not condemn it as a Sin; but only as a defect, or thing that lessened them. Their Suing before unbelievers, he tells them was a sinful Course; because as their Case stood, who impleaded each others, and that too for injuries, it was a Scandal to their Enemies, and exposed the Christian Cause, v. 1.6. But as for their bare going to Law it self, it was not so. For he tacitely intimates they might do it before the Saints—Dare any of you, having a matter against another, go to Law before the unjust, saith he, and not before the Saints, much rather? v. 1. Nay he orders them that they should do it, p. 334and erect Judicatures among themselves for that intent. Go not before Infidels, says he, but set those who are least esteemed among your selves to Judge, or set them in the Seat, or ††foreign.Chair of judgment, v. 4.2, 3. This was ordinarily done in other places, where they had Judicial Assemblies, as I have shewn from Jam. 2.2. Yea, and where they had not, but must implead before a Gentile Judgment-Seat, when the Scandal that now accompanied their Case was not incurr'd, he himself had given Countenance to it, and threatned Legally to Right himself before the Heathen Magistrate, Acts 6.37, 38, 39. But altho their Suits at Law in weightier Cases were no Sin, yet he tells them they were their Lessening and Diminution: And that albeit they might with a safe Conscience use them, yet would it shew more Contempt of Earthly Things and Mortified Passions, more Generous Charity, and Stronger Patience, and a greater height of Christian Perfection, to retain. It is, says he, altogether not a ††foreign.Sin, but a **foreign.Lessening and Diminution to you, that you go to Law one with another. And because there is only a Defect, but no Transgression in it; he doth p. 335not absolutely condemn, but only comparatively disswade from it. Why do ye not rather take wrong? Why do you not rather suffer your selves to be defrauded? 1 Cor. 6.7.

As for these places then, which seem to forbid Suits either on Losses or Indignities, they do not forbid them absolutely, and in all Cases. They only forbid us to fly to them in smaller matters, such as our Saviour mentions; or to make them a means of Revenge in Great ones; or say of Suits in General, where a publick end or some other Virtue doth not require them, that they are, although not our sin, yet our Defect and Diminution: So that whensoever they are sued at Law, the best men may serve themselves of it; and when they are greatly injured, though 'twere better to let it alone, yet may they safely seek to it, and, without any offence to God or wrong to a good Conscience, implead others still.

And thus it appears that Suits at Law are not sinful in themselves, but may lawfully be used, if there is no unlawfulness in the Ground, and way of management. The thing it self has no sin in it, and so may be innocent if we take care that no other sin adhere to it. So that barely to try a Title is no matter of any p. 336mans account, nor has any offence at all in it.

But although Suits at Law are not thus unlawful in themselves, but may sometimes be innocent; yet as I said,

2. They are our sin and a matter of our account, when they are either enter'd upon an unjustifiable Ground, or are carried on by a sinful Management.

1. I say Suits at Law are our sin, and a matter of our account, when they are begun upon an unjustifiable Ground.

It is not every cause that usually begets it, which can warrant before God, and Justify a Law-Suit. For sometimes men are led on to it only by Revenge, when they have no lasting Dammage to be repaired, but seek only their Brothers smart, and to be even with him who offered it: and then the Suit must needs be unlawful, having a sin at the bottom of it. And at other times, when there is a real Dammage, yet is it so trivial as that the making of it up will not countervail the Evils and Temptations of a Suit; and then it will be sinful still, as wanting a Ground of so much weight, as can bear the burden of it. For a Tryal at Law, besides its being a costly and painful thing, is also a very perillous State, and a dangerous Temptation. It will be sure to put p. 337him we sue to much trouble and pains in Collecting and Examining Evidences, preparing Witnesses, informing Advocates, and attending Courts, which is toyl in it self, and an hindrance to better business: and in the whole Course and Conduct of it, it will put him to constant Charges and Expence. And it will be a State of great Temptation, both to him and to our selves, insnaring us, unless we are very circumspect to prevent it, into covetous Wishes, or delays of Justice, or vexatious Arts, or uncharitable Surmizes, and revengeful Thoughts, or deceitful Suggestions and Falsifications, Hypocritically disguising the weakness of our own Cause, or unreasonably aggravating those of our Adversaries to our own profit and his prejudice, and the like. These sins are ever before men whilst a Suit is depending, they have constant opportunities for them, and are perpetually provoked into them; and it must be a great Conduct, as well as a great Care that must preserve them from being ingaged in them. And since there is so much Toil attending it, so great Charge occasioned by it, and so many Temptations and great Dangers, both to our own Souls and our Brothers, laid in the way of it: it must not be a light thing, but a weighty Cause indeed, which can over-balance p. 338all these Considerations, and justly draw us to commence it.

But in this point to be more Particular. Suits are unlawfully entred when they are begun, either,

1. For Revenge, and not for Reparation of Damages.

Or,

2. When for Reparation only of small things, which cannot countervail the evil and hazard of a Suit, but ought to exercise our Patience and Forgiveness, and so be put up without Recourse to it.

1st. I say, Suits are unlawfully entred, when they are Vindictive not Reparative, and are begun only for Revenge, not for Repair of Damages. And this they always are, when they are commenced either against insolvent Persons; or upon such words and actions against others, for which, besides Costs, no Damages that are valuable are like to be allowed us.

They are not Reparative, but Vindictive, when they are commenced against insolvent Persons. When we sue a poor man, who cannot pay what he ows, or recompence what he has wrongfully done to us, it is not that our own Sore may be heal'd, but only that his Smart may be wrought by it. For the Law doth not make him Coin Money that has it not, but only p. 339forces him to pay it, who has it, but will not part with it. To put a Beggar in Prison, and run him out at Law to the utmost, is not the way to put Money in his Pocket; so that when we have to do with such, it is only Revenge upon him, and not the Compensation of our own Loss, which can be sought by it. If we go to right our selves by Law then upon an insolvent man, we go only to return the hurt which he has done, and to be even with him. And this is a great instance of an hard Heart, and a spiteful Spirit; and is quite contrary to that Brotherly-kindness, Compassion, and Forgiveness, which, how unworthy soever he may be of it, yet so long as the misery of his case requires it, God has injoyn'd us to use towards him. It is exactly to deal with him, as the wicked man did with his insolvent Brother in the Parable, which provoked God to return the same Rigour upon his own head again. For when he ought his Lord ten thousand Talents, he freely forgave him that great Debt, because he was not able to pay it: But when his Fellow-Servant, who ought him only an hundred Pence, could not tender down that small s…mm when he demanded it, he shew'd nothing of that Compassion towards this poor man which God had shewn to him, p. 340but laid hands on him, and cast him into Prison till payment should be made. But when the Fellow-Servants told this to their Lord, he resolves to deal with him in his own way, and strictly exacts that Debt, which otherwise he intended freely to have acquitted, delivering him, as he had done his Brother, to the Tormentors, till all should be discharged. And so likewise shall my Heavenly Father do to you, says our Saviour, if ye from your Hearts forgive not every one his Brother their Trespasses, Mat. 18. v. 24. to c. 19.

But if they are commenced against responsible Persons, they are not Reparative but Vindictive still, if they are upon such Words or Actions, for which, besides Costs, no Damages that are valuable are like to be allowed us. A great number of Suits are for abusive Words, or a Box on the Ear, or some other trivial matters, which leave no Permanent ill effects, but if our Passions may be with-held from estimating them, pass off without making. us the worse, or doing us any Prejudice. And in all these, since there is no Damage sticks to us, there is no need of any Reparations: so that if we begin Suits, it is not to indemni…ie our selves, but to be vexations and afflict others who have afflicted us, wherein consists the very Nature of Revenge.

p. 341And this is always unlawful, and most expresly forbidden to all us Christians. To the Jews, indeed, it was allowed in the Old Testament: For they were permitted to return ill for ill, and to demand an Eye for an Eye, and a Tooth for a Tooth, when thereby their own lost Member was not restored, but only their Adversaries sent after it, and, bating the Pleasure of Revenge, they reaped no other Benefit by it, Mat. 5.38. But this is most strictly forbidden to all us Christians in the New. For we are taught to recompence to no man Evil for Evil, but to overcome Evil with Good, Rom. 12.17, 20, 21: to forgive those that Trespass against us, i. e. not to return their injurious, or hard usage, as ever we expect forgiveness of our own Trespasses at Gods hands, Mat. 6.12, 14, 15. And particularly in opposition to this going to Law for Revenge, our Saviour forbids us Judicially to resist the Evil man, as has been shewn, i. e. in course of Law to return the Evil on him, as by Virtue of that Rule An Eye for an Eye, &c. the Jews did; but in stead of that, by the Phrase of turning one Cheek to him who has struck the other, requires that we patiently submit and sit down under it, Mat. 5.38, 39, 40.

This then is the first thing which p. 342God requires to the Lawfulness of all Judicial Tryals; they must never be Vindictive, but Reparative, and we must not Sue another in order to his Smart and Prejudice, but only to heal or secure our own selves, either by holding the Goods which he cl…ims, or repairing the Loss, which he has … us.

2. Suits for Reparation of Losses are unlawful, when the Reparations are only of small things which cannot countervail the evil and hazard of a Suit, but ought to exercise our Patience and Forgiveness, and so be quietly put up without Recourse to it.

In the Course of secular Wisdom, indeed, which looks only to secure the Concerns of this World, when men are Rich or Potent, and have Wealth or Interest enough to go through with it, the smallest Affronts or infringement of their just Power and Priviledge, are often-times esteemed a sufficient occasion of a Law-Suit. For thereby they think they stop the first Breach in their own Right, which if it be suffered to be once made, as it is in the Breach of a Water-Bank, or a fortified Wall, 'tis after that a much easier thing to widen it; they cheek an incroaching … in the bud, before it has got Heart or Ground enough to make a greater p. 343Contest; and they shew the World they are not of a yielding Temper that will be wrong'd or baffled, and thereby strike an awe, which will keep all others from attempting them, and purchase their own quiet. Upon these, or such like secular Maxims, when nothing but the interest of this World guides them, they many times conclude the sleightest wrongs are not to be put up, and therefore, when in any trivial thing their Right is invaded, betake themselves to course of Law for Maintenance and Vindication of it.

But in Religion the Case is altered. For that seeks not only what is fit to secure our selves, and maintain our worldly Rights; but what is fit to maintain an Vniversal innocence, and to shew Charity towards others. Its main work lies in lessening the Love of this World, and making us easie to part with any injoyment of this Life, when it is inconsistent with any Duty, and indangers our Passage to a better. And therefore although secular wisdom would perhaps sometimes advise us, yet will true Religion altogether forbid us to go to Law for trivial Losses. For a Suit at Law, as I have noted, will put our Adversary to great Cost and Pains; and since in Christianity he is our Neighbour and our Brother, this we p. 344ought not to do for little things, whereby we shall not gain near so much as he loses, for this is not according to the ††Mat. 22.39.Matt 22:39Commandment, to Love him as our selves. Nay, it will be a great snare, both to his Virtue and ours; for although it be no state of direct sin, yet is it a state of very dangerous Temptation, there being so many ways to offend whilst a Suit is carrying on, and it being so very hard to avoid them without great Conduct and Circumspection. And this also we ought not lightly to cast, either in the way of our own Souls, or of our Brothers; yea, we shall not do it, if we have any of that tender Love and Care for Souls which Christ has shew'd, and which he requires us to shew, when, upon a prospect of saving them, he commands us, not only to bear a Reproach, or to part with our Substance; but even to lay down our own Lives for others, 1 Joh. 3.16.

Thus, when the Damages to be repaired are but of small account, and the trouble and charges of the Suit will take much more from him, than we are like to get by it: out of our tender care of all Persons, whom God commands us to Love as we do our selves; and out of our Love to each others Souls, and desire to keep, p. 345both our selves and them from dangerous Temptations, which would rob us of our Innocence, a thing that ought not to be hazarded for trifling Regards; we ought patiently to bear the Loss, and not seek out by Law to redress it. And this, as I have intimated, is what our Saviour expresly commanded Mat. 5. If one smite thee on thy right Cheek, which is a tolerable affront, turn to him the other also, or expose thy self to be smitten again, rather than judicially resist it. And if any man sue thee at the Law, to take away thy Coat, or inner Garment, a thing that may easily be spared, hazard an higher Loss, and let him take thy Cloak also, rather than sue to regain it. v. 38, 39, 40. So that rather than sue to recover little matters, and enter Actions for small Reparations, we must be content to want them, and sit down without any Repairs at all.

And in rating when things are thus little and frivolous, we must not judge by our own Pride and Passions, which count nothing little, but aggrandize every affront or injury that is done to our own selves: but by the reality of things, and according as we our selves should judge were we humble and dispassionate, or as they would be judg'd of by other Holy p. 346and Indifferent Persons. Our own Pride, and the Opinions of the World would whisper to us, that every Trespass against us is intolerable, and deserves a Process; every imputation of a Lye, a Stab; and every actionable Affront, a Suit at least, if not a Challenge. But Pride, and Passion, and the Opinions of the World, must not be our Councellors: for we renounced them at our Baptism, when we were first made Christians; and if we would please God, they must not sway, but ought daily to be mortified and subdued in us. And since they are so much our Sin, and so directly against our Baptismal Vow and Profession: it will be no excuse for going to Law on little Losses and Indignities, to say we thought them Great through their being our Advisers. In judging then what are little things, we must not be governed by our own Pride and Passions, but by the reality of things, and the Judgments of dispassionate, humble Persons. And this our Lord plainly shews, by setting down a Box on the Ear, (which in reality doth no hurt, nor leaves any permanent effect behind it) among those light Indignities which ought not to be a matter of a Suit, though every where the Pride, and Passions of men, and particularly at th…t …, the haughtiness of p. 347the Jews, thought it a great thing, which ought by all means to be recompenced. For this, as a ††Dr. Light…. Hor. Heb. in Mat. 5.39.Matt 5:39Learned man observes, was their Rule about it. Doth any Person give his Neighbour a box on the Ear? let him give him a Shilling, yea, says Rabbi Judah, a pound; or if it were upon the Cheek, let him give him 200 ††i. e. in English …in 6. l. 5….Zuzes to make amends for it. Nay, if he give him another Box, he ought to give him 400 to recompence it. So great did they think the Indignity to a Jewish man, esteeming all their own Nation, as he observes from Maimonides, even those of the most beggarly condition, to be Gentlemen, because they were all the Children of Abraham.

And thus it appears when a Suit is unlawful upon this first account, viz. its entring upon an unjustifiable Ground. For such it is in all Cases, when we bring an Action only for Revenge, and not for Reparation of Damages; or when for the Reparation of such small things, as ought not to expose us to all the Evils and Temptations of a judicial Process, but to Exercise our Patience and Forgiveness: which smallness of things is to be rated, not by mens Pride and Passions, which esteem p. 348no ill small that is done to themselves, but by the reality of things, and the Judgment of Humble and Dispassionate persons.

And this holds true, not only in Losses and Indignities offered to our selves; but also in the Case of Trust, when they are offered to others who are committed to us. For when Suits are Sinful, as we have seen they are in the Case of Revenge, and of lighter affronts and injuries, which Christ Commands us not to redress by Law, but to bear with Patience: I see no difference, but an equal unlawfulness, whether we Sue upon our own, or upon their Accounts. For surely our taking of a Trust doth not ingage us to Disobey our Lord, or do any evil thing; but only to do all that which we can, for those committed to us, as Good Christians and Honest Men. And therefore in lighter matters when Suits are sinful, we may no more Sue for them, than we can tell a Lie, or Swear an Oath, or Over-reach in their Cause, or be guilty of any other Transgression. If they were come up to Act in their own Name, in these cases a Judicial Tryal would not be lawful, but a sin in them: And where they themselves could not Sue, we must not think that we, who Act only as their p. 349Proxies and Representatives, may do it for them. If these Losses and Indignities which are shewed to them were offered to our selves, we ought not to commence an Action, but to be patient under them: And they have no Reason in the World to think us wanting either in our Trust, or Friendship, when we do all that to the utmost in their Case, which we durst do in our own.

So far then as Suits are Sinful, and to put up injuries without entring Actions for repairs is a strict Duty, as it plainly is in case of lighter Losses and Indignities; it equally obliges us in Trust for others, as in our own Business. Where 'tis no Duty, indeed, and a Suit is not a Sin, but only a Defect and Diminution, as it is in the Case of greater injuries, there is a Difference, and tho it were commendable still to refrain in our own Case, yet 'tis not in theirs. In the former Instances, to forbear is a necessary point, having an express Precept for it; and necessary things may be done for them by those that represent them, without their own consent and approbation. But in these Cases where 'tis no sin, to forbear is no necessary Duty, but a voluntary Act: And it is no part of our Trust to perform voluntary heights, and unrequired p. 350Generosities at their cost: but if ever these be done, they must be left to themselves, when, by making it a matter of their own choice, they themselves may have the Virtue and the Reward of it. So far then as the putting up an injury without a Suit is no Strict Duty, but only a Free-will Offering, and a Voluntary Act, it must not be done in their Case, tho in our own it were much to be commended. But when Patience is a Duty, and Suits are sinful, whether it be their concern or ours it matters not, for both are equal. We must be faithful to our Lord, and observe the Duties of Patience, Peace, Forgiveness, and all other Laws of God, in acting for others as well as for our selves; so that when there is no justifiable Ground of Suit, we must abstain from it, whether it be for Publick or for Private ends, whether our Charge or we that are concerned in it. And this I have noted for the use of those, who, I think, are greatly out in this point: For there are several, that would, or at least pretend thy would bear much in their own Business, who will bear nothing at all, and yet think they are not litigious in commencing Suits for every trifle, when they are in Trust for others.

But as some Suits are thus unlawful, because p. 351they are upon an unjustifiable Ground; so, when the Grounds are good, are others unlawful,

2. Because they are carried on by a sinful management.

A Suit at Law is a very dangerous state, and has strong Temptations to several sins accompanying it: And if, when there is just Cause for it, any of these are incurr'd in the management, it is our Sin still, and we shall be put to answer for it.

To shew what these are, and when Suits are unlawful upon this account, I observe, that when we have an Action against any Man, we must for all that look upon him as our Neighbour, and love him as our selves, paying him all that Justice, Peace, and Charity, which is due to all Persons. And this is hard to do when Men persue any controversies wherein their Interest is concerned, especially when they are Publick, and if they do not succeed, the Eyes of the World look on to see them worsted, as it is in Law-Suits. For then Conquest is the end that is ordinarily sought, and in prosecution of that Mens Passions generally are ingaged; and both these are opposite to the Love of others, and seek only to please our selves, and so push us on to transgress this great Law of Charity in several instances. p. 352For where Conquest is the end, there is much Emulation and Strife to gain it, and where Envy, or Emulation, ††foreign.and Strife is, saith St. James, there is confusion and every evil work, Jam. 3.16. And where Passion is high, and Anger is once moved, there a Law of Love is not like to be observed; for, as the same Apostle says, the Wrath of Man worketh not the Righteousness of God, Jam. 1.20. And since Law-Suits generally have both these attending them, they do too often lead the Litigants, God knows, into many breaches of Justice, Peace, and Charity towards each other, particularly into these following.

If their Cause is bad, they use delays to tire out their Adversaries; they feign Pleas to gain time for themselves, and insist upon Punctili…s in his Proceedings wholly forreign to the merits of the Cause, to make him begin all afresh, and hunt out all Reserves of Law to prolong the Suit, and suspend the Sentence. And this, besides its being most opposite to Love and Brotherly-kindness, and being a course most uncharitable and vexatious, is also a most unjust thing, being a doing wrong as far as in them lies, and endeavouring, what they can, to put an hindrance and stop to Justice.

p. 353And whether it be good or bad, they generally incur many Sins in pursuit of it, and fall into sundry instances of Injustice and Vncharitableness to succeed in it.

They have a longing desire to overcome, and to have the Verdict pass for them, be it right or wrong; which is coveting other Mens Goods, against the Law of the Tenth Commandment, Exod. 20.17. And this disposes them to Judge all in Favor of their own Right, and to fret and murmur when they have lost the Verdict, and to suspect (if not complain) of Injustice in the Judge and Jury, who were concerned in it; against the plain Duty of Patience, Reverence to Governours, and meek submission under Judgment.

They watch their opportunity to take Advantage of their Adversaries over-sight, or to bring the Tryal on at a time when he doth not expect, or is unprepared for it: which is not only against the great Law of Charity, that, as St. Paul saith, seeks not her own at others Mens hurt, 1 Cor. 13.5; but also against Justice, which forbids Defrauding or going beyond our Brother in any matter, when we can Over-reach and Out-wit him in it, 1 Thess. 4.6.

They suggest False Pleas, or supply Circumstances out of their own Heads p. 354in favour of their Cause, and when a little more would do it, stretch beyond the Truth to ech out an Evidence, and make the matter fall to serve their purpose; which is clearly against the Duty of Simplicity, and speaking the plain Truth with our Neighbour.

They have an inward hatred against their Adversaries, which makes them envious when any good (especially in the Process of the Cause) befalls them; and glad when any ill has happen'd to them, and apt to surmise ill things of them, and defame them as often as they can find a fit occasion, and to watch all opportunities of being Revenged on them, and to burst out into Anger and exasperating Carriage, Strife and Variance, Clamour and bitter Words against them, upon any the least Provocation: all which are directly contrary to the Great Duty of Love and Charity, which ††Rom. 12.15.Rom 12:15rejoyces with them that do rejoyce, and weeps with them that weep; which **1 Cor. 13.4, 5.1 Cor 13:41 Cor 13:5suffers long and is kind, which thinketh no Evil, which ††Rom. 12.17, 21.Rom 12:17Rom 12:21renders Good for Evil; which **Eph. 4.31.Eph 4:31puts away all Bitterness, and Wrath, and Anger, and Clamour, and Evil-speaking, with all p. 355Malice; and ingages us, so far as 'tis ††Rom. 12.1….Rom 12:1possible, and as much as in us lies, to live peaceably with all men.

Lastly, They Love to be vexatious, and cut out work for their Adversaries, deferring a Tryal several Terms for no other end, but to make them throw away both their Mony and Pains in attending to prevent a Surprise; or putting them to prove needless things, which influence not the merits of the Cause; or insisting on every fetch of Law, that may be an hindrance in their way, though 'tis no way necessary to the main business; or studying other mischievous Arts of creating them trouble, and being vexatious; which is absolutely against the Loving of our Neighbour as our selves, and having a Brotherly-kindness, and ††Gal. 6.10.Gal 6:10doing Good as we have opportunity to all Persons; and is that very sin which St. Paul mentions, and which he expresses by wickedness or mischievousness, i. e. a studying to do mischief, and make ††foreign, Suid.work for others, Rom. 1.29.

Thus, to mention no more, are all these Prolongations of Suits, and p. 356delays of Justice, these Covetous Desires and Acts of Impatience, these Arts of Circumvention and going beyond our Adversaries, these deceitful Suggestions and Falsifications in Pleadings, these mischievous and vexatious ways, this Hatred, Envy, Evil-speakings and Surmises, Anger, Bitterness, Strife, Clamour, Revenge, &c. which are so ordinarily the Concomitants of Judicial Causes, most unlawful and forbidden things; so that whensoever we have any Suits depending, we sin in them, if any of these intrude and mix with them. A Judicial Controversie that is begun upon a Justifiable Ground, will not be innocent if 'tis carried on by so unjustifiable a management. And therefore to clear our Consciences in all Legal Tryals, we must take care not only that, after all other means of righting our selves have fail'd, the Suit be Commenced for a thing of weight, which is a justifiable Ground; but also that it be pursued in all this Justice, Charity, and Peace, which makes a justifiable management: For 'tis not enough that the Cause be good, unless the manner of maintaining it be good too.

This, I must confess, is an hard Point, because in managing a Suit we are in the way of so many sins, and meet at every p. 357turn with strong Temptations, which must needs very much indanger us. For all the way these sins lye before us; so that unless we have a constant care, we shall step into them. They generally serve our ends, and set on the cause; so that we are still under a Temptation to them. And, what through our own Interest and the desire of Conquest; what through the opposition that is made; unless we are very Circumspect, our Passions will be ingaged; and then, more or less, we shall be hurried into the Commission of them. So that if no Suit be innocent where the Ground is good, except all these sins be avoided in the management; it will be a very hard thing, may some say, to sue innocently, and appeal to Courts at all.

This, indeed, is very true, and I am ready to confess so too. For though some even-temper'd men, who are endowed not only with great goodness, but also with great Discretion and Government of themselves, may do it with some ease, and not find it very difficult: yet are those men very few in Number, who are so well set out and qualified for it. But ordinarily it is a very difficult task, and there is great danger of offending God attending it. For I think there is hardly p. 358any thing that shews more the Conduct and Goodness of a man, than to be able to keep innocent whilst he is put upon contending, and so to manage a Suit, or other Contest, as that, when he has done, his own Conscience shall have no cause to accuse or condemn him for it. But then the effect of this can be nothing else, but that men be very slow in coming to it, and very Circumspect in all they do, when in a thing of weight, after other means have been tryed in vain, they cannot avoid it. It must make them slow in coming to it, I say; and this, besides its quitting them of the hazzard, will, I believe, make also for their ease; for they will generally find less difficulty in bearing Loss, than in keeping innocent, whilst they seek Judicially to repair it. But when the thing is of so great weight, that a Suit cannot well be avoided; it must make them very Circumspect and Watchful over themselves all the time it is going on, lest they incur any of these sins in pursuit of it. The greatness of their Care must answer to the greatness of the Danger, so that they must resolve to set a strict Guard upon themselves in suing, or else not venture to begin any Suit at all.

And thus it appears, that although in p. 359it self a Suit at Law be an innocent thing, yet when 'tis either begun upon an unjustifiable Ground, or carried on by a sinful management, it is not innocent, but defiles the Conscience of a Christian. It is our sin, and we must account for it, when we seek Revenge by it, or Reparation of a thing so small as cannot bear it, or of a weighty matter by delays of Justice, Falsifications, Vexatious Arts, or any other Instances of Injustice, or Vncharitableness, which is a sinful way of managing it. When this is the state of it, there is a great offence in it; and whilst that lasts, it deprives us of the Favour of God, and ought to exclude us from the Holy Sacrament: whereas, were it free of these, there would be no hurt in it, nor any Cause at all why a good Soul should be hindred by it.

As for this Hindrance then, whereby Devout minds are oft-times with-held from coming to this Feast, viz. their being ingaged in a Law-Suit; we see now at length what weight is to be laid upon it, and when indeed they ought to be hindred by it. For if there are no Damages to be expected in the Cause, but we sue only for Revenge; or if, when there are, they are so small as will not bear a Suit, but ought to be a matter of Forgiveness; p. 360or if, when the Loss is of that moment which would justifie a Suit, we transgress any instances of Justice or Charity in managing the Process: our Suit is our sin, which will not be forgiven us till we shew Repentance. When 'tis unlawful upon the unjustifiableness of the Ground, we sin in it till we put an end to it; and when upon some particular Injustice, or Vncharitablness in the way of management, we sin in it till that particular is Corrected and Amended. And so long as we are Impenitent in either of these, we are unfit for the Holy Sacrament, since no man, who allows himself in any sin, is worthy to partake of it. But then we are equally unfit to Pray, or perform any other Religious Service, or hope for the Forgiveness of our Sins and Eternal Happiness; because, as I have formerly observ'd, Justice, Peace, and Charity, and other Virtues, are equally necessary in all these Cases. If our Suit then is either upon an unwarrantable Ground, or sinful in the way of management; so long as this sin lasts and is unamended, we are unworthy to Communicate. But then that is not all, for so we are also to Dye, to Pray, or to have any Spiritual Peace or Comfort. And this is a state which no wise man will persist in for one moment, but, whensoever p. 361he lays it to Heart, forthwith Repent and get out of it; and when once that is done, this Hindrance is removed, and he may be welcome to it. But if it is innocent in both these Respects, and none of these sins adhere to it; if there is a weighty Loss to be repaired, or a weighty Right to be got by it; and we are in all Points Just, Charitable, and Peaceable in looking after it, or, when we fall in any instance, do in that, as in all other slips of our dayly Converse, watch better the next time, and immediately Repent of it: then has a Suit no offence to God, nor any hurt at all in it; and so unfits us not for any good thing, and then surely not for the Blessed Sacrament. When this is our Case, a Tryal at Law depending need no more hinder us from Communicating, than from any other business; so that if there is nothing else to discourage us, we may safely come to the Lords Table, and expect to be kindly entertain'd by him when we do.