A briefe of the art of rhetorique Containing in substance all that Aristotle hath written in his three bookes of that subject, except onely what is not applicable to the Engligh tongue.

CHAP. 14. Of those things which are necessary to be knowne for the Definition of Iust and Vnjust.

VVHen the fact is evident, the next inquiry is whether it be Iust, or Vnjust.

For the Definition of Iust and vnjust, we must know what Law is; that is, what the Law of Na∣ture, what the Law of Nations, what the Law Civill, what writ∣ten Law, and what unwritten Law is; and what Persons; that is,

what a publique Person, or the City is; and what a private Person, or Citizen is.

Vnjust in the opinion of all men, is that which is contrary to the Law of Nature.

Vnjust in the opinion of all men of those Nations which trafficke and come together, is that which is contrary to the Law common to those Nations.

Vnjust onely in one Common-wealth, is that which is contra∣ry to the Law Civill, or Law of that Common-wealth.

He that is accused to have done any thing against the Pub∣lique, or a private Person, is ac∣cused to doe it either ignorantly, or unwillingly, or in anger, or up∣on premeditation.

And because the defendant does many times confesse the fact, but deny the unjustice; as that he tooke, but did not steale; and

did, but not adultery, it is necessa∣ry to know the Definitions of Theft, Adultery, and all other crimes.

What facts are contrary to the written Lawes, may be knowne by the Lawes themselves.

Besides written Lawes, what∣soever is Iust, proceeds from E∣quity, or Goodnesse.

From Goodnesse proceeds that, which we are praysed, or hono∣red for.

From Equity proceed those actions, which though the writ∣ten Law command not, yet be∣ing interpreted reasonably, and supplyed, seemes 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 ad∣here to Mankinde.
• ...

• And not to consider the Law so much, as the Law-makers 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 Do∣er; nor part of the Fact, but the Whole; nor what the Doer is, but what he has beene alwaies, or for the most part.
• And to remember better the Good received, then the Ill.
• And to endure injuries pati∣ently.
• And to submit rather to the sentence of a Iudge then of the sword.
• And to the sentence of an Ar∣bitrator, rather then of a Iudge.