CHAPTER XIV.

OF THOSE THINGS WHICH ARE NECESSARY TO BE KNOWN FOR THE DEFINITION OF JUST AND UNJUST.

When the fact is evident, the next inquiry is, whether it be just or unjust. For the definition of just and unjust, we must know what law is; that is, what the law of nature, what the law of nations, what the law civil, what written law, and what unwritten law is: and what persons, that is, what a public person or the city is, and what a private person or citizen is.

Unjust, in the opinion of all men, is that which is contrary to the law of nature.

Unjust, in the opinion of all men of those nations which traffic and come together, is that which is contrary to the law common to those nations.

Unjust, only in one commonwealth, is that which is contrary to the law civil, or law of that commonwealth.

He that is accused to have done anything against the public, or a private person, is accused to do it either ignorantly, or unwillingly, or in anger, or upon premeditation.

And because the defendant does many times confess the fact, but deny the unjustice; as that he took, but did not steal; and did, but not adultery; it is necessary to know the definitions of theft, adultery, and all other crimes.

What facts are contrary to the written laws, may be known by the laws themselves.

Besides written laws, whatsoever is just proceeds from equity or goodness.

From goodness proceeds, that which we are praised or honoured for.

From equity proceed those actions, which though the written law command not, yet, being interpreted reasonably and supplied, seems to require at our hands.

Actions of equity are such as these:—Not too rigorously to punish errors, mischances, or injuries. To pardon the faults that adhere to mankind. And not to consider the law, so much as the law maker’s mind; and not the words, so much as the meaning of the law. And not to regard so much the fact, as the intention of the doer; nor part of the fact, but the whole; nor what the doer is, but what he has been always or for the most part. And to remember better the good received, than the ill. And to endure injuries patiently. And to submit rather to the sentence of a judge, than of the sword. And to the sentence of an arbitrator, rather than of a judge.

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