CHAP. X.

LITIGATION.

F it be poffible live peaceably with all men;" which precept contains an indirect confeffion that this is not always poffible.

The inftances in the fifth chapter of St. Matthew are rather to be understood as proverbial methods of defcribing the general duties of forgivenefs and benevolence, and the temper we ought to aim at acquiring, than as directions to be fpecifically obferved; or of themselves of any great importance to be obferved. The firft of thefe is, "if thine enemy "fmite thee on thy right cheek, turn to him the "other alfo;" yet, when one of the officers struck Jefus with the palm of his hand, we find Jefus rebuking him for the outrage with becoming indignation: "If I have fpoken evil, bear witnefs of the evil; but if well, why fmiteft thou me?" (John xviii. 22.) It may be observed likewife, that the feveral examples are drawn from inftances of fmall and tolerable injuries. A rule which forbad all oppofition to injury, or defence against it, could have no other effect, than to put the good in fubjection to the bad, and deliver one half of mankind to the depredation of the other half: which muft be the cafe, fo long as fome confidered themselves as bound by fuch a rule, whilft others defpifed it. St. Paul, though no one inculcated forgiveness and forbearance, with a deeper

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"Whofoever fhall fmite thee on thy right cheek, turn to him the other alfo; and if any man fue thee at the law, and "take away thy coat, let him have thy cloak alfo; and whofoever fhall compel thee to go a mile, go with him twain.”

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sense of the value and obligation of these virtues, did not interprèt either of them to require an unrefifting fubmiffion to every contumely, or a neglect of the means of fafety and felf-defence. He took refuge in the laws of his country, and in the privileges of a Roman citizen, from the confpiracy of the Jews, (Acts xxv. 11.) and from the clandeftine violence of the chief Captain. (Acts xxii. 25.) And yet this is the fame Apostle who reproved the litigioufness of his Corinthian converts with fo much severity.

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"Now

therefore, there is utterly a fault among you, becaufe ye go to law one with another; why do you not rather take wrong? why do ye not rather fuf"fer yourselves to be defrauded?"

On the other hand, therefore, Chriftianity excludes all vindictive motives, and all frivolous caufes of profecution; fo that where the injury is fmall, where no good purpose of public example is anfwered, where forbearance is not likely to invite a repetition of the injury, or where the expence of an action becomes a punishment too severe for the offence; there the Chriftian is withholden by the authority of his religion from going to law.

On the other hand, a law-fuit is inconfiftent with no rule of the gospel,, when it is inftituted.

1. For the establishing of some important right. 2. For the procuring a compenfation for fome confiderable damage.

3. For the preventing of future injury.

But fince it is fuppofed to be undertaken fimply with a view to the ends of juftice and fafety, the profecutor of the action is bound to confine himfelf to the cheapest process that will accomplish thefe ends, as well as to confent to any peaceable expedient for the fame purpofe; as to a reference, in which the arbitrators can do, what the law cannot, divide the damage, when the fault is mutual; or to a compounding of the dispute, by accepting a compenfation in the grofs, without entering into articles and items, which it is often very difficult to adjust feparately.

As to the reft, the duty of the contending parties may be expreffed in the following directions:

Not to prolong a fuit by appeals against your own

conviction.

Not to undertake or defend a fuit against a poor adverfary, or render it more dilatory or expenfive than neceffary, with the hope of intimidating or wearying him out by the expence.

Not to influence evidence by authority or expec

tation.

Nor to ftifle any in your poffeffion, although it make against you.

Hitherto we have treated of civil actions. In criminal profecutions the private injury fhould be forgotten, and the profecutor proceed with the fame temper, and upon the fame motives, as the magiftrate; the one being a neceffary minifter of justice as well as the other; and both bound to direct their conduct by a difpaffionate care of the public welfare.

In whatever degree the punishment of an offender is conducive, or his escape dangerous, to the interest of the community, in the fame degree is the party against whom the crime was committed bound to profecute, becaufe fuch profecutions muft in their nature originate from the fufferer.

Therefore, great public crimes, as robberies, forgeries, and the like, ought not to be spared, from an apprehenfion of trouble or expence in carrying on the profecution, or from falfe fhame or misplaced compaffion.

There are many offences, fuch as nuifances, neglect of public roads, foreftalling, engroffing, fmuggling, fabbath breaking, profanenefs, drunkenness, prostitution, the keeping of lewd or diforderly houses, the writing, publishing, or expofing to fale lafcivious books or pictures, with fome others, the profecution of which, being of equal concern to the whole neighbourhood, cannot be charged as a peculiar obligation upon any.

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Nevertheless, there is great merit in the perfon who undertakes fuch profecutions upon proper motives; which amounts to the fame thing.

The character of an informer is in this country undefervedly odious. But where any public advantage is likely to be attained by informations, or other activity in promoting the execution of the laws, a good man will defpife a prejudice founded in no juft rea-. fon, or will acquit himself of the imputation of interefted defigns by giving away his fhare of the penalty.

On the other hand, profecutions for the fake of the reward, or for the gratification of private enmity, where the offence produces no public mifchief, or where it arifes from ignorance or inadvertency, are reprobated under the general defcription of applying a rule of law to a purpose for which it was not intended. Under which defcription may be ranked an officious revival of the laws against popish priests, and diffenting teachers.

CHA P.

CHA P. XI.

GRATITUDE.

EXAMPLES of ingratitude check and difcourage

voluntary beneficence: And in this the mifchief of ingratitude confifts. Nor is the mischief fmall; for after all is done that can be done, towards providing for the public happiness, by prefcribing rules of justice, and enforcing the obfervation of them by penalties or compulfion, much must be left to thofe offices of kindness, which men remain at liberty to exert or withhold. Now not only the choice of the objects, but the quantity and even the existence of this fort of kindness in the world depends, in a great measure, upon the return which it receives; and this is a confideration of general importance.

A fecond reafon for cultivating a grateful temper in ourselves is the following. The fame principle which is touched with the kindness of a human benefactor, is capable of being affected by the divine goodness, and of becoming, under the influence of that affection, a fource of the purest and most exalted virtue. The love of God is the fublimeft gratitude. It is a mistake, therefore, to imagine, that this virtue is omitted in the Chriftian fcriptures, for. every precept, which commands us to love God, "because he firft loved us," prefuppofes the principle of gratitude, and directs it to its proper object.

It is impoffible to particularize the feveral expreffions of gratitude, in as much as they vary with the character and fituation of the benefactor, and with the opportunities of the perfon obliged; which variety admits of no bounds.

It may be obferved, however, that gratitude can never oblige a man to do what is wrong, and what

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