The Christian Life Part 3 Volume 4, Part 1 · Chapter 1
CHAP. I. Of Justice, as it preserves the Natural Rights of Men: and particularly in reference to their Bodies.
HAVING in a former Discourse asserted and explain'd the Nature of Moral Good and Evil in Humane Actions; I shall now distinctly consider the Sum of all that Moral Duty which we owe to God, and to our Neighbour; as the Prophet hath compris'd it in these words, He hath shewed thee, O man, what is good; and what doth the Lord require of thee, but to do justly, to love mercy, and walk humbly with thy God? Mic. vi. 8. I begin with that Duty which God requires of us towards our Neighbour: and 'tis all imply'd in the two distinct Vertues of Iustice and Mercy.
IN discoursing of Iustice, I shall endeavour these two things: 1. To shew what that Justice is which is requir'd of us towards our Neighbour: 2. To prove, that it is grounded upon such immutable Reasons, as do render it a Moral Good.
I. I shall endeavour to shew, what that Justice is which is owing to our Neighbour. In general therefore, Iustice consisteth in giving to every one his due; in which latitude it comprehendeth all matter of duty: for every Duty is a due to God, or our Neighbour, or our selves, and accordingly every performance of every duty is a payment of some due; and, as such is an act of Righteousness. And therefore in Scripture Good Men are frequently stiled Righteous, and the Whole of Vertue and Goodness is called Righteousness, because it is a payment of some due either to God, our selves, or our Neighbours. But Iustice being here consider'd as a distinct, and particular Vertue, must be understood in a more limited sense; viz. for Honesty in all our dealings with men, or giving to every man his due with whom we have any Intercourse. And wherein this consisteth, will best appear by considering what those things are which are due from one Man to another, or what those Dues and Rights are which men may claim by the eternal Laws of Righteousness. And these are twofold, 1. Natural, and 2. Acquired.
I begin with the First, viz. the Natural Rights of Men, which are such as appertain to Men, as they are Reasonable Creatures, and dwelling in Mortal Bodies, and joyned to one another by their natural Relations, and by Society. For in all these capacities there accrue to men certain Natural Rights which we are obliged in Justice not to violate, but so far as we can to secure and make good to one another.
First, Therefore we will consider men as dwelling in mortal Bodies;
Secondly, As Rational Creatures;
Thirdly, As joyned to one another by natural Relations;
Fourthly, As naturally united in Society; and I will shew what Rights there are redounding to them from all these Respects, and Considerations.
I. WE will consider Men as dwelling in mortal Bodies, in which there is a twofold Right accruing to them: 1. a Right to their Bodies: 2. a Right to their bodily Subsistence.
I. As dwelling in mortal Bodies, they have a natural Right to their Bodies, and to all the Parts of them, for their Bodies being the Tenements which the great Landlord of the world hath allotted to their Souls during their abode in this terrestrial State, are upon that account their undoubted Right; which unless they forfeit, they cannot be deprived of without manifest Injury and Injustice. For if God gave this Body to my Soul, it is certain that immediately under him my Soul hath a Right to it, and holding in Capite as it doth from the Supreme Proprietor, is Tenant at will to none but him, for this its earthly Habitation: so that antecedently to all Humane Laws and Constitutions, every Soul is vested with a natural Right to its own Body; as being placed in and put in possession of it by the God of Nature; and till by its own free Act it hath alienated, or forfeited its Right, there is none but God, (who hath reserved to himself the Soveraign and absolute disposal of it) can justly either dispossess a Soul of its Body, or of any Part or Member of it; or offer any violence to the Body,▪ or put it any farther out of its Souls Disposal, than God himself hath done by placing it under the outward Restraints of Government. So that for any one either to kill or dismember a Body, whose Soul hath not forfeited its Right to it; to ravish, inslave or imprison a Body, whose Soul hath neither alienated, nor forfeited its Right to dispose of it, is a piece of high and crying Injustice. In short, God hath placed the immortal Soul of man in the Tenement of a mortal Body, in which it hath thereupon the Right of a Tenant at will, that holdeth at the pleasure of his Landlord; by whom it is impowred to injoy it for its own Habitation, to defend it against outward Violence, and dispose of it for its own needs and conveniences. So that unless he be impowred by God, there is no Man can rightfully destroy or dismember, or without his Consent, inslave or imprison another Man's Body; unless it be in defence of his own Life, or Livelyhood, or Liberty, which every man hath a natural Right to defend. But then since for the common Good and Defence of all, God hath placed his reserved Authority over our Bodies in the hands of humane Government, it is no violation of the Right of our Souls, for the Government under which we are placed, to destroy or dismember, inslave or imprison our Bodies; whenever by offending others, we render it necessary for the Defence and Good of All. And since the Government hath, so far as the Common-Weal requireth, God's own Authority over our Bodies in its hands; it is no more injurious to our Souls, for That to dispose of our Lives and Members, Livelyhoods and Liberties, for the common Security and Good; than if God himself should do it immediately; since the Government doth it by his Right and Authority, which is Paramount to all the natural Rights of our Souls. But for any others either to take away the Life, or Members of anothers Body, except it be necessary for their own defence; or to endeavour the carnal Injoyment of anothers Body, except it be by the party's consent; or to inslave, or imprison anothers Body, except it be upon free Consent, or just Forfeiture, is an outragious Invasion of the natural Rights of humane Souls.
II. As Men dwell in mortal Bodies, they have also a Right to their bodily Subsistence. For, for God to give them a Tenant's right in their mortal Bodies would be very insignificant, unless we suppose he hath therewith given them some Right to those outward Goods, that are necessary to their Maintenance and Subsistence: For God being the Supreme Proprietor of this lower Word, as well as of those Tenements of Flesh we live in; it must needs be supposed, that, as by placing our Soul in this Body, he hath given her a Right to it; so by placing our Body in this World, he hath given it a Right to such a portion of this World's Goods, as are necessary to its Repair and Maintenance. And though in the unequal Division of the World, that now is, he hath given to some a larger share of it than to others; yet it is not to be supposed he hath so appropriated All to some, as to leave nothing for all the Rest. For as all Men are equal in their natural Faculties and Indowments, so according to original Constitution they were also equal in their outward Properties and Possessions; and all things being promiscuously exposed to the Use and Injoyment of All, every one from the common Stock assumed as his own Right what he ne…ded. And as for the Inequality and private Interests that are now among us, they were By-blows of our Fall; for it was Sin that introduced our Degrees and Distances, that devised the Names of Rich and Poor, begot Ingrossings and Inclosures of Things, and forged those two pestilent words Meum and Tuum, which have since ingendred so much Strife and Mischief in the World. And though God hath made these Inclosures Rights by his long and continued permission of them, yet he hath not thereby parted with his own Right to them; He by an immuteable Right is still Paramount of all his Creation, and every thing in it unalienably belongeth to him. And as for those inclosed Properties, with which he hath vested us in such unequal Proportions, he hath committed them to us as Stewards, and not transferred them upon us as Masters; and so without any Injury to us, may appropriate what Part of them he pleaseth to what Use he pleaseth: which when he hath done, we cannot without manifest Injustice otherwise dispose of that appropriate Part, than to the use and service for which he hath appointed it. Now out of every mans Estate and Property he hath actually reserved some Appropriate portion to be disposed of to the Poor and Needy, who have nothing else to subsist by; and in this part of our Estates the Poor have the same Right from God, that we have in all the other Parts of it. So that this World being now cantoned out so very unequally among men, yet according to God's Allotment every Man hath Right to such a Share of it, as is at least sufficient to keep him from being starved, or pinched with Extremity of Need; and in this Method God hath assigned to every man a Child's Portion, which in some fair way or other ought to be obtained, viz. either by legal Right, or by humble Request; which latter, in Conscience, ought to take effect, as well as the former. For now according to this later Constitution he hath appointed the Rich to be his Stewards and Treasurers for the Poor; with a strict charge that they dispense to every one his meat in due season. The Honour of distributing is conferred on the former, as a tryal of their Fidelity and Bounty; the Right of receiving is conferred on the latter, as a tryal of their Patience and Gratitude: and thus God hath wifely projected, that all his Children should be both effectually▪ and quietly provided for; that one man's Abundance should supply another's Wants, that so there might be an Equality, as St. Paul expresseth it, 2 Cor. viii. 14. For since no Man can enjoy more than he needeth, and every Man ought to have so much as he needeth, there could be no great Inequality among men, if things were administred according to the Institution of God. But if out of our Abundance we refuse to relieve the poor Man's Necessities, we are unjust both to God and him; to God, because we misapply his Goods, and cross his Orders; to him, because we wrongfully usurp, and detain from him the portion which God hath allowed him; and so under a Vizard of Right, and Possession, we are no better than Robbers in the Account of God; when by refusing to relieve our Brothers necessities we spoil him of his Goods; his Goods I say, by the very same Title that any thing is ours, even by the free Donation of God. 'Tis the hungry Man's Bread which we hoard up in our Barns, his Meat that we glut, and his Drink that we guzzle: 'tis the naked Man's Apparel that we shut up in our Presses, and do so exorbitantly ruffle and flaunt in; and what we deny out of our Abundance to an Object of real Pity, and Charity, is in the account of God an unjust Usurpation of his Right. For by the Institution of God, I owe every man this Right; not to see him pine, and perish for want, whilst I surfeit, and swim in Plenty. And thus you see what Rights appertain to a Man in his first Capacity, viz. as inhabiting a Mortal Body.