Verses 5-7
I do not speak this, as if I would have you make choice of the meanest persons among you to arbitrate and determine all matters that may be in difference between you; but it would be a shame to you if, amongst you all, there could not be found one man whom you can judge wise enough to determine differences between you about things of this life, without bringing one another into pagan courts, to the reproach and scandal of the religion which you profess: make use of any, yea, the meanest Christians, in such judgments, rather than infidels and unbelievers, who will make use of your differences to the reproaching of the holy name of God.
Now therefore there is utterly a fault among you, because ye go to law one with another; not that it is simply unlawful for men to make use of human laws, and courts, and methods of judicature; for even the laws of men are good, if they be lawfully used: and the word here used by the apostle is ηττημα, which signifieth rather an impotency or weakness of mind and affections, a defect or diminution from perfection, than any scandalous sin. Going to law with brethren (though lawful in itself) may be made unlawful by circumstances:
1. When it is before judges that are unbelievers, so as men’s going to law before them tends to the reproach of religion, the credit and reputation of the gospel ought to be dearer to us than any little secular concern. This was the case in this place.
2. When it is for little matters, such as a coat or a cloak. It is against the law of charity to do another a great wrong to recover to ourselves a little that is our right.
3. When we cannot do it without wrath, anger, impatience, covetousness, or desire of revenge. It is a thing possible to go to law without sin, but what very few do, through that corruption which cleaveth to corrupt nature.
Why do ye not rather take wrong? why do ye not rather suffer yourselves to be defrauded? It is therefore far more becoming conscientious Christians to take a little wrong, and to suffer themselves to be cheated of their right, especially under such circumstances, where the credit of the gospel and religion must lose more than they can get. And to do otherwise speaks ηττημα, a defect or imperfection in Christians, and is not without its guilt. If, by their contentiousness, they do not show themselves so bad as some would make them, who hold all contendings at law amongst Christians unlawful, yet they do not show themselves so good as the rule of Christianity requireth them to be, Matthew 5:39,Matthew 5:40; Luke 6:29; Romans 12:19.
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