spared without a greater hurt, than is the want of such as that charge would relieve. To save the lives of people in want, we must spare any thing from ourselves, which our own lives can spare. And to relieve them in their deep poverty, we must abate much more in our superfluities. To expend any thing on pride or lust, is a double sin at such a time, when Lazarus is at our doors in want. If that Luke xvi. were well studied, (wherein it was that the rich man's sin and danger lay, in being clothed in purple and silk, and faring sumptuously every day, while Lazarus wanted,) it would make some sensualists wiser than they are.

But yet it must be confessed, that some few persons may be of so much worth and use to the commonwealth (as kings and magistrates), and some of so little, that the maintaining of the honour and succours of the former, may be more necessary than the saving the lives of the latter. But take heed lest pride or cruelty teach you to misunderstand this, or abuse it for yourselves.

There are divers other ways of prodigality or sinful waste, which I pass by, because they are such as few are concerned in; and my purpose is not to say all that may be said, but all that is needful. As in needless music, physic, books, (which Seneca handsomely reproveth,) gifts to servants which need not in mere ostentation of pride to be well spoken of, and many the like; and in unlawful wars, which is the greatest sinful waster in all the world. And as for expenses in debauchery and gross wickedness, as whoredom, revenge; in sinful lawsuits, &c., I here pretermit them.

Direct. 11. Understand well the aggravations of this sin of prodigality:' viz.

1. It is a wasting of that which is none of our own, and a robbing God of the use or service due to him in the improvement of his gifts. They are his, and not ours; and according to his pleasure only must be used. 2. It is a robbing the poor of that which the common Lord of the world, hath appointed for them in his law and they will have their action in heaven against the prodigal. 3. It is an inhuman vice, to waste that upon pleasures, pride and needless things, which so many distressed persons stand in need 4. It is an injury to the commonwealth, which is weak

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ened by the wasteful. And the covetous themselves (that are not oppressors) are much better members of society than the prodigal. 5. It feedeth a life of other vice and wickedness. It is a spending of God's gifts to feed those lusts which he abhorreth. 5. It usually engageth many others in trades and labours which are unprofitable, that they may serve the lusts of these sensual prodigals. 7. And in the conclusion, it prepareth a sad account for these wretches when they must answer at the bar of God, how they have used all his gifts and talents. Remember all these aggravations.

Direct. 111. Carefully mortify that greedy fancy, and fleshly lusts, which is the wasting sin, and the devouring gulf.' Quench the fire, and you may spare all this fuel. Cure the fever or dropsy, and you may spare both your drink and life. A greedy throat, and a diseased fancy are never satisfied, till they have wasted the peace of your consciences with your estates, and brought you to the end of brutish sinners: wisdom, and duty, and real benefit, are contented with a little; but lust is insatiable; the voluptuous brute saith, 'I must have my cups, my lusts, my pleasure,' and the effeminate, vicious fancy of those empty souls that mind no great and solid things, is still ranging after some vanity or other; and like children, crying for every thing that they see another have; and the most needless, yea, burdensome things seem necessary to such; they say, 'I must needs have this, and I must needs have that,' there is no being without it; when nothing needeth it, but a diseased mind, which much more needeth a cure by grace and true mortification. Subdue pride, and sensuality, and fancy, and you may escape prodigality.

Direct. IV. Remember the nearness of your account, and ask your consciences what way of expenses will please you best in the review.' Whether at death and judgment it will be your comfort to find on your account, 'So much laid out on needless bravery, to set out this carcase which is now turning into dust; Item, so much upon proud entertainments of great ones; Item, so much on cards, and dice, and stage-plays; and so much on hounds and needless pleasures, &c.' Or rather, So much to promote the preaching of the Gospel; so much to set poor children to

'prentice, or to school; so much to relieve distressed families, &c.' Let Matt. xxv. be well read, and your account well thought on.

Direct. v. Keep an account of your expenses, and peruse them before a fast or a sacrament; and ask conscience how it judgeth of them;' Yea, ask some holy, prudent friend, whether such proportions are allowable before God, and will be comfortable to you in the day of your extremity. If you are but willing to be cured, such means as these will not be in vain.

CHAPTER XXII.

Cases and Directions against Injurious Lawsuits, Witnessing and Judgment.

Tit. 1. Cases of Conscience about Lawsuits and Proceedings.

Quest. 1. 'IN what cases is 'it lawful to go to law with others?'

Answ. 1. In case of necessary defence, when the plaintiff doth compel you to it. 2. When you are entrusted for orphans or others whom you cannot otherwise right. 3. When your children, or the church, or poor, whom you should do good to, are like to suffer, if you recover not your talent that God hath trusted you with for such uses, from the hands of unjust men; and they refuse all just arbitrations and other equal means which might avoid such suits. 4. When your own necessity constraineth you to ́seek your own, which you cannot get by easier means. When your forbearance will do more hurt by encouraging knaves in their injustice, than it will do good. 6. Whenever your cause is just, and neither mercy, peace, nor the avoiding of scandal do forbid it: that is, when it is like to do more good than harm, it is then a lawful course.

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But it is unlawful to go to law, 1. When you neglect just arbitrations, patience and other needful means to avoid it. 2. When your cause is unjust. 3. When you oppress the poor by it. 4. When it is done in covetousness, revenge or pride. 5. When the scandal or hurt to your bro

ther, is like to be a greater harm than the righting of yourself is like to do good; then must you not go willingly to law.

Quest. 11. May I sue a poor man for a debt or trespass?'

Answ. 1. If he be so poor as that he cannot pay it, nor procure you satisfaction, the suit is vain, and tendeth but to cruelty. 2. If he have no means to pay, but that which will deprive him of food and raiment, and the necessaries of his life or comfort, you may not sue him unless it be for the supply of as great necessities of your own; or in trust for orphans, where you have no power to remit the debt; yea, and for them no cruelty must be used. 3. If your forbearance be like to make him abler by his diligence or other means, you should forbear if possible. 4. But if he be competently able, and refuse to pay through knavery and injustice, and you have better ways to use that money, if scandal forbid not, you may seek by law to recover your own from him.

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Quest. 111. May I sue a surety whose interest was not concerned in the case?

Answ. If his poverty make it not an act of cruelty, nor scandal prohibit it, you may; because he was willing, and declared his consent, that you should have the debt of him, if the principal pay not. To become surety, is to consent to this; and it is no injury to receive a man's money by his own consent and covenant. He knew that you had not lent it but on those terms ; and you had reason to suppose, that he who would undertake to pay another man's debt, had sufficient reason for it, either in relation or countersecurity. But as you must use mercy to the principal debtor in his poverty, so must you also to the surety.

Quest. IV. May I sue for the use of money as well as for the principal?'

it

Answ. This dependeth on the case of Usury before resolved. In those cases in which it may not be taken, may not be sued for; nor yet when the scandal of it will do more harm than the money will do good. cases, it may be sued for on the terms as the may.

But in other rent of lands

Quest. v. May lawsuits be used to disable or humble an insolent, wicked man?'

Answ. You may not take up an ill cause against him, for any such good end; but if you have a good cause against him, which otherwise you would not have prosecuted, you may make use of it, to disable him from doing mischief, when really it is a probable means thereto; and when neither scandal nor other accidents do prohibit it. Quest. VI. May a rich man make use of his friends and purse in a just cause, to bear down or tire out a poor man that hath a bad cause?'

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Answ. Not by bribery or any evil means; for his proceeding must be just as well as his cause. But if it be an obstinate knave that setteth himself to do hurt to others, it is lawful to make use of the favour of a righteous judge or magistrate against him; and it is lawful to humble him by the length and expensiveness of the suit, when that is the fittest means, and no unjust action is done in it; still supposing that scandal prohibit it not. But let no proud or cruel person think, that therefore they may by purse, and friends, and tedious lawsuits oppress the innocent, and attain their own unrighteous wills.

Quest. VII. May one use such forms in lawsuits as in the literal sense are gross untruths (in declarations, answers, or the like)?'

Answ. The use of words is to express the mind; and common use is the interpreter of them: if they are such words as the notorious common use hath put another sense on, than the literal one, they must be taken in the sense which the public use hath put upon them. And if that public sense be true or false, accordingly they may, or may not be used.

Quest. VIII. May a guilty person plead not guilty, or deny the fact?'

Answ. Common use is the interpreter of words: if the common use of those words doth make their public sense a lie, it may not be done. But if the forensic common use of the denial is taken to signify no more than this, ‘Let him that accuseth me, prove it: I am not bound to accuse myself,' or, 'In foro' I am not guilty till it be proved,' then it is lawful to plead Not guilty,' and deny the fact, except in

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