A Sum of Moral Philosophy, Part 35 – Part 42
XXXV. Of Iustice.
IVstice is the mother, and foundresse of other Vertues: it … in every constitution of state
Publike.
Private,
It is grounded in proportion and valuing.
It is either
Vniversall comprehending all vertues.
Particular for some especiall
State,
Person.
1 Vniversall 2. parts
Discretion to yeild each his due.
Obedience to the law.
The lawes are either
Written, foreign.
Vnwritten, foreign.
1 The written are the positiue lawes of the land grounded on the
Law of
Nature.
Nation.
Customes of places.
and they are
Publicke.
Priuate.
1 Publicke
Endicted by the whole state, as Statutes.
Proceeding from the King alone, as edicts, and Proclamations.
2 Private is for speciall contract; as leases, bonds, deedes, and all which hauehave force of law.
2 The not-written is the law of
Nature.
Nations.
The precepts of this Iustice are, viz.
1 Liue honestly.
2 Wronge none.
3 Yeild every man his right.
2 Particular Iustice is.
Distributiue designeing to each man
Office
Rewards,
Punishments
according to desert.
2 Commutatiue in matter of exchange, and bargaine betweene man and man.
The breach of the
Former is fauour, an acception of persons, foreign.
Latter, deceipt.
4 things prevent both kinds of Iustice
1 LoueLove of mony.
2 Fauour to the person.
3 Feare to displease great ones.
4 Rancor, and malice.
Iustice of distribution considers 2 things.
Reward for the person deseruing.
Punishment for the person offending.
The objects of it are either
Honour to the good.
Reward to the good.
Chastening to the bad.
Its tenent is.
It is not positiue but varies according to the quality of the person: As in any army all must hauehave their pay, but the captaine more then the common Souldier: And it were injustice to make them equall in reward, that are vnequall in desert. The like in punishments.
| Excesse | Meane | Defect. |
| Injustice in dispensing to vsus aboue our desert | Iustice | Injustice in yeilding vsus lesse then our desert. |
Both are tearmed Injury.
The excesse is Injury to others, and robbing them of their due, and bestowing on vsus that deserue it not.
The defect is Injurie to our selues sith others can hauehave, and wee not.
The Rule of Injury is.
1 That it is suffered still with repining and vnwillingnes: thence a man cannot doe himselfe Injury, sith as he receiues the wrong, he is repining, and as he offers it, he is voluntary: And we cannot will and nill at one time the same thinge.
Iustice of Exchange respecteth not the quality of the person but the worth of the thinge: It is principally in buying and selling and in all matters of contract.
This differs from the other, for this goes vponupon quality (so much for somuch) that not: They are in trades, thus is Merchandize, the meane is mony.
In ancient time they vsed to giuegive wares for wares: afterwards they gaue Metals by weight for them. Now for more Convenience of portage they hauehave invented mony, to wit, metall in stampe and by it they exchange commodities.
The extreame in generall is vniust exchange.
| Excesse | Meane | Defect, |
| When we sell for more then its worth | Iustice commutatiue | when wee sell for lesse then it is worth. |
In the former we wronge the buyer, and it is the greater fault; In the latter we wrong our selues, and it is more tolerable, sith our selues are the cause of it.
The meane rule for this Injustice is.
1 He is more in fault, that doth the wrong, then he that takes it, It was Socrates his saying. Aul. Gell Noct. Att. l. 2. c. 9
XXXVI Of Liberality, and Magnificence.
THe act of this Vertue is releiuing others wants, without prejudice to our owne.
Their difference is
Liberality is for lesse guifts.
Magnificence is for greater.
The Object of both is mony or mony-worth.
Liberality is of lower abilityes.
In it are considered 2. Conditions
End.
Manner.
of giuing.
The end only is to benefit others in honest sort.
They that giuegive
1 To receiue
Like
Greater
profit
2 VponUpon ostentation.
3 On long importuning and suite.
are not counted liberall
The manner of giving is bounded circumstances
1 Who the
giver,
receiuer,
is.
2 The time that the guift ought to come.
3 The place where:
4 The quality of it.
5 The quantity of it.
1 The Person must be
Freehearted to any.
Wise to bestow on the worthiest.
1 Though the receiuer be lewd, yet, if he be in pouerty, his pouerty makes him worthy of releife.
2 The time must be without pause. Bis dat, qui cito dat.
3 The place must be considered of
1 If we giuegive only for honesty sake, take a publike place, that others may witnesse it, sith fame is the Trumpet of Vertue.
2 If for pouerty and Almes blow no trumpet; a place of most priuacy makes the guift most acceptable, Vbicun{que} est homo ibi benificio locus est. Seneca.
4 The quality must be such, that it be not to the hurt of the receiuer: it must rather be for profit, then for pleasure.
5 The quantity with moderation betweene either
Too much.
Too litle.
drawne from consideration of the want of the receiuer, present vse of the giuer, that by giuing he not disfurnisheth himselfe for his owne imployments.
| Excesse | Meane | Defect. |
| Prodigality in wasting a mans priuate estate | Liberality | Avarice, or Niggardize: this is willing to receiue all, giuegive not. |
Avarice is worse then Prodigality.
1 It is further remoued from liberality, whose acte is in giuing, sith the niggard giues nothing and the prodigall giues too much.
2 The niggard defraudes both himselfe and others: The prodigall harmes himselfe only, and benefits others.
Magnificence is a Vertue only for great ones.
The Magnificent must be high aboue others in
1 Blood,
2 Office,
3 Vertue.
| Excesse | Meane | Defect. |
| Riotous mispending. The End of it ostentatiō Cause 1 Folly. 2 Neglect of our private estate. | Magnificence | Sordide Parsimony fearing to spend when Honour Necessity require |
XXXVII. Of courtesy and Vrbanity.
THis vertue shewes it selfe in
Serious
Sporting
Conversation.
The acte of it is pleasure, and plyablenes of behauiour.
The End of it to
please others.
Demerit their good opinion.
It hath 2 parts
Easines of Accesse.
Slownesse to take offence.
The sterne to guide it is Gravity, least our affability turne to lightnes.
It was sayd of Cato Maior: Erat in illo viro comitate condita grauitas.
The rules of it are 3.
1 It is most honourable in high persons.
2 It is Varied according to the circumstance of
Time.
Place.
Person.
3 It intends our
Owne Honesty.
Anothers profit.
For courtesy in serious matters the extreames are.
| Excesse | Meane | Defect. |
| 1 Popularity in great ones. 2 Soothing in the lower ranke. | Comitie | Morosity, as seeking neither to please any in honest causes, nor be displeased by any. |
Affability in sports is called vrbanity for
Taking
Giuing
jests.
| Excesse | Meane | Defect. |
| Securrility for abuse | Vrbanity | Rusticity making not able to giuegive, not Willing to take jests. |
XXXVIII. Of Grace of Carriage.
THis vertue makes not a man
Reall for honesty.
But complementall.
Its rules are
Generall
Speciall
for fashion.
1 Generall. 7.
1 Goe cleanly in apparrell.
2 Keepe our body from loathsomnes.
3 HaueHave a fit composure of
Gesture, especially for
Head.
Hands.
Gate, and all with out affectation, and nicenes.
4 HaueHave conuenience of speech for
Fitnes of words.
Discretion of reply.
Moderation of sound; that it be not.
Over-loud.
Affected.
Harsh.
5 Barre insolent
1 Gesture.
2 Shrickes in …ughter; let not that be often, but as occasion is offered: and that not so much apprehended by vsus, as the company also.
6 Vse due reuerence to our betters, obseruance to strangers, pleasure to our Acquaintance, Courtesy to our inferiors.
7 Take meate and drinke mannerly.
Speciall rules are had from consideration of each
Person.
Degree.
Quality.
Persons differ in
1 Sexe 2 yeares.
3 Manners 4 Fortune.
Towards all our Carriage must be honest and pleasing.
1 Honest pleasure is made by
Speech.
Gesture.
1 Twixt difference of sexe this behauiour is requisite: women must be
Little speakers not forward for action.
Men must take vp the talke.
Their talke must be serious of
Learning.
Not things sorrowfull, but of mirth, and obvious passages.
Their gesture is learned by dancing.
2 Difference of yeares is either in, sc.
Youth.
Midle Age.
Old Age.
Wayes to be gracefull with younge.
1 They are soone angry: Crosse them not in
Word
Deed
to rayse passion in them
2 Enquire not of his faults: If a friend, tell him in priuate, if a stranger, he scorneth thy rebuke.
3 Tell them of good hopes, and great adventures. Yong men are credulous and confident: and if you perswade them to the hope of a good, they will love you for it.
4 Our speech must rather be of pleasure, then profit.
5 Bee merry and jesting, and seeme to like of their company.
3 To be gracefull with old men 5 wayes.
1 Be not resolute in tenents discoursing with them: they are soone testy, if they be croste, and louelove rather a yong man doubtfull in controversies, then ouer-holding; sith they know the hardnes of finding out a truth, and the earnestnes of youth in holding a possible falshood.
2 They are suspicious, wee may not grow in too fast with them, or force into their company.
3 Our speech must rather be of profit, then honesty, since they are generally couetous.
4 Shew reuerence to age, not for fashion, but as spying some sparkes of authority in their persons.
5 They are talkatiue, feed them with speech, but rather second them in their conceits, then to sift them from contradictions, take heed of often replyes, they must rather be forced by Question, then they proceed voluntarily.
To aske them questions, saue only of things necessary, and pertaining to themselues is against good manners.
The midle aged keepe an indifferent tenour betwixt both
Yong.
Old.
Our way to be gracefull with them is to keepe the middle straine for
Honesty, which likes yong men.
Profit, which likes old men.
Difference of manners is seene according to the difference of passions and the way to behaue our selues in such a case is from the observance of his
Passion.
Age.
which hauehave bin formerly described.
Difference of fortune is seene in
Nobility of birth.
Height of office.
Riches.
Our behaviour to these must be
Yeilding in word,
Submission in body
Assigning titles,
this is most honest for vsus.
Pleasing for the….
XXXIX. Of Aemulation.
AEMulation stirs vsus vp to Vertue and heartens vsus to Imitation.
The object of it is a good quality in others and attaineable by vsus.
It is with greife, that others hauehave out-stript, and with hope of over-taking them.
It differs from Envy; sith that is in the worst; this in the best natures: Licurgus in Sparta commended it to youth, naming it the nurse of Vertues.
In it selfe it is profitable, but in excesse rayses
Hate.
Envy.
The parties most giuen to it are,
1 Yonge men, sith they are euer in rising.
2 They, who hauehave equality of
Trades.
Professions.
Abilitys.
as the Roman aemulates the Athenian the scholler, the Carthaginian the Merchant, &c.
3 They, who count themselues of worth, and hope to attaine to as much perfection as another.
| Excesse | Meane | Defect. |
| Indignation for anothers rising. | Aemulation | Abjection of mind, as not weighing, whether wee bee out stript or noe. |
XL. Of Continency.
THis is conversant about the restraint of
Desires
Pleasures
especially of
Nourishment.
Venery.
The difference betweene a continent and temperate man is: The temperate hath his passion of desire subdued within The continent not without foyle and reluctance; passion dwelling within like a dangerous Citizen: though stopt from rising, yet euer feared.
Hence Continency is not properly a vertue, sith passion is not brought to consent with reason: And incontinence is not properly a Vice, sith it doth that fact, but in Iudgement condemnes it.
The Intemperate doth it, …nd approues i…, sith his
Will is corrupted
Iudgment is blinded.
The opposite of Continence is Incontinence:
The Incontinent before the act hath knowl…dge of what is right and fit to be done: in the Act he is carried by Passion, which blinds him that hee cannot applye that knowledge: After the Act he remembers the fault; and begins to repent.
He falls into this vice by
Heedlesnes, as not willing to forecast his danger,
Infirmity, …s not able to resist his Passion.
Falls from infirmity are lesse curable, then falls of headines, sith the one comes from a debility of nature; the other but from an heat of Passion.
XLI. Of Patience.
THis differs from Fortitude, as Continence from Temperance: The Act of it is bearing of harmes, but with greife, and trouble of mind.
Hence it is noe perfect Vertue, sith vertue must be
with Ioy.
Voluntary.
| Excesse | Meane | Defect. |
| Stockish obduration: The Spartans vsed their children to it in beating them, yet not suffering them to lament. | Patience | Impatience: A womanish yeilding to vnavoydable Evills. |
XLII. Of the Heroicall Spirit.
THis riseth a degree of Eminence aboue the rest.
It differs from other vertues as heate from Warmth.
It extends it selfe to a 3 fold eminence
Of vnderstanding: so that famous lawgivers and speciall sages are Heroicall.
Of Grace; so Excellence of faith is Heroicall. Of Morall behauiour.
It is grounded on a
Stronge composure, & temperature of Body.
Stronge composure of mind.
It is set forth by 3 helpes
Many abilities for Action.
Constancy of continuance.
Prosperousnes of Successe.
The opposite of it is Sauagenes, A generall falling from all good duty without Iudgement to know, or will to wish the contrary.
These are the Catalogues of vertue. Vertue tempers Passion.
Passion gets his meane from Wit, and Will. And these intend for their felicity.
Detur in offensae vitae mihi tangere metam.
Finis. Anno Domini: 1624. 9o Decembri…
Jndex.
1 VVHat Ethickes is?
2 Of the particular end of Ethickes.
3 Of vniuersall ends thereof,
4 Temporall happines.
5 Things required to Temporall Happines.
6 Stoickes tenent of Happines.
7 Of Passions in generall.
8 The divisions and number of Passions.
9 Of LoueLove the first Passion.
10 Of Desire the 2d Passion.
11 Of Hope the 3d Passion.
12 Of Boldnes the 4th Passion.
13 Of Pleasure the 5th Passion.
14 Of Hate and detesting.
15 Of Despaire and Feare.
16 Of Greife.
17 Of Shamefastnesse.
18 Of Repentance.
19 Of Pitty.
20 Of Zeale and Iealousy.
21 Of Anger.
22 Of Maligning:
23 The efficient cause of Vertue
24 Of Conscience,
25 Of Consultation,
26 Of Prudence:
27 Of the Will:
28 The Formall causes of Vertue.
29 The Severall kindes of Vertue.
30 Of Temperance.
31 Of content,
32 Of Modesty,
33 Of Magnanimity,
34 Of Fortitude,
35 Of Iustice.
36 Of Liberallity and Magnificence,
37 Of Courtesy and vrbanity,
38 Of the grace of Carriage,
39 Of Emulation,
40 Of Continency.
41 Of Patience,
42 Of the Heroicall spirit,
FINIS.
End of the text · William Pemble, A Sum of Moral Philosophy (1632)