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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