========== 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. ========== CHAPTER XV. OF THE COLOURS OR COMMON OPINIONS CONCERNING INJURIES, COMPARATIVELY. _Common opinions_ concerning injuries _comparatively_, are such as these. Greater is the injury, which proceedeth from greater iniquity. And from which proceedeth greater damage. And of which there is no revenge. And for which there is no remedy. And by occasion of which he that hath received the injury hath done some mischief to himself.