unreasonableness and impoffibility amongst intelligent fpirits, that they never murmured or mutined in their lower ftations against their Superiours. Nay, the good Angels of an inferiour Order durft not revile a Devil of a higher Order. This confideration which I reckon to be most preffing in the difcourfes of Reafon, and obliging next to the neceffity of a Divine Precept, we learn from Saint Jude: [Likewife alfo thefe filthy dreamers defpife dominion and Speak evil of dignities. And Jet Michael the Archangel, when contending with the Devil he difputed about the Body of Moles, durft not bring against him a railing accufation.] But because our Superiours rule by their example; by their word or law, and by the rod, therefore in proportion there are feveral degrees and parts of obedience, or feveral excellencies and degrees towards perfection. Degrees of Obedience. 1. The firft is, the obedience of the outward Work: and this is all that humane Laws of themselves regard; for because man cannot judge the heart, therefore it prescribes nothing to it: the publick end is ferved not by good wishes, but by real and actual performances; and if a man obeys against his will, he is not punishable by the Laws. 2. The obedience of the Will: and this is alfo neceflary in our obedience to humane Laws, not because Man requires it for himfelf, but becaufe God commands it towards Man, and of it (although Man cannot, yet) God will demand an account. For we are to do it as to the Lord, and not to men; and therefore we must do it willingly. But by this means our obedience in private is fecured againft fecret arts and fubterfuges: and when we can avoid the punishment, yet we shall not decline our duty, but ferve Man for God's fake, that is, chearfully, promptly, vigorously; for thele are the proper parts of willingness and choice. 3.The Understanding muft yieldObedience ingeneral, though not in the particular inftance; that is, we muft must be firmly perfwaded of the excellency of the obedience, though we be not bound in all cafes to think the particular Law to be most prudent. But in this our rule is plain enough. Our understanding ought to be inquifitive whether the civil conftitution agree with our duty to God, but we are bound to enquire no farther: And therefore beyond this, although he who, having no obligation to it, (as Counsellours have) enquires not at all into the wisdom or reafonableness of the Law, be not always the wifeft man, yet he is ever the best Subject. For when he hath given up his understanding to his Prince and Prelate, provided that his duty to God be fecured by a precedent fearch, he hath alfo with the best,and with all the inftruments in the world, fecured his obedience to Man. SECT. IL Of Provifion, or that part of Justice which is due from Superiours to Inferiours. AS God hath imprinted his authority in feveral parts upon several Eftates of Men, as Princes, Parents, Spiritual Guides: fo he hath alfo delegated and committed parts of his care and providence unto them, that they may be inftrumental in the conveying fuch bleffings which God knows we need, and which he intends fhould be the effects of Government. For fince God governs all the World as a King, provides for us as a Father, and is the great Guide and Conductor of our Spirits as the Head of the Church, and the great Shepherd and Bishop of our Souls; they who have portions of thefe dignities, have alfo their fhare of the adminiftration the fum of all which is ufually fignified in these two words [Governing] and [Feeding] and is particularly recited in thefe following Rules. Duties of Kings,and all the Supreme power as Law givers, 1. Princes of the people and all that have Legislative power, muft provide ufeful and good Laws for the the defence of propriety, for the encouragement of labour, for the fafeguard of their perfons, for determining controverfies, for reward of noble actions and excellent arts and rare inventions, for promoting trade, and enriching their people. 2. In the making Laws Princes must have regard to Omittenda the publick difpofitions, to the affections and ditaffe-potiùs præva lida & adulta tions of the people, and muft not introduce a Law vitia, quàm with publick scandal and difpleafure; but confider the hoc adiequi publick benefit, and the prefent capacity of affairs, ut palàm far quibus flagi and general inclinations of mens minds. For he that this impares inforces a Law upon a people against their first and fimus. Tacit, publick apprehenfions, tempts them to difobedience, and makes Laws to become fnares and hooks to catch the people, and to enrich the treasury with the spoil and tears and curfes of the Commonalty, and to multiply their mutiny and their fin. 3. Princes must provide that the Laws be duly ex ecuted for a good Law without execution is like an unperformed promise: and therefore they must be levere exactors of accounts from their Delegates and Minifters of Juftice. 4. The feverity of Laws must be tempered with Exe difpenfations, pardons, and remiffions, according as the cafe fhall alter, and new neceffities be introduced, vou or fome fingular accident fhall happen, in which the vous êλLaw would be unreasonable or intolerable as to that are dia particular. And thus the people with their importu- rò nadóλx: nity prevailed against Saul in the cafe of Jonathan, and Eth. s. c. 10. obtained his pardon for breaking the Law which his Father made, because his neceffity forced him to taste honey, and his breaking the Law in that cafe did promote that service whofe promotion was intended by the Law. 5. Princes must be Fathers of the people, and provide fuch inftances of gentleness, eafe, wealth and advantages as may make mutual confidence between them; and muft fix their fecurity under God in the love of the people, which therefore they must with all arts of sweetness, remiffion, popularity, nobleness and fincerity endeavour to fecure to themselves. 6. Princes Sect. 2; 6. Princes must not multiply publick Oaths without great, eminent and violent neceffity, left the secucurity of the King become a fnare to the People, and they become falle when they see themselves fulpected, or impatient when they are violently held faft. But the greater and more useful caution is upon things than upon perfons: and if fecurity of Kings can be obtained otherwife, it is better that Oaths fhould be the laft refuge, and when nothing elfe can be fufficient. L'avaritia de 7. Let not the People be tempted with arguments to difobey, by the impofition of great and unneceffary taxes: for that loft to the Son of Solomon the dominion of the ten Tribes of Ifrael. 8. Princes must in a special manner be Guardians of Pupils and Widows, not fuffering their persons to be oppreffed, or their eftates imbezilled, or in any fence expofed to the rapine of covetous perfons, but be provided for by just Laws and provident Judges, and good Guardians, ever having an ear ready open to their just complaints, and a heart full of pity, and one hand to fupport them, and the other to avenge them. 9. Princes must provide that the Laws may be fo adminiftred, that they be truly and really an eafe to the People, not an inftrument of vexation: and therefore mult be careful that the shortest and most equal ways of trials be appointed, fees moderated, and intricacies and windings as much cut off as may be, left injured perfons be forced to perifh under the oppreffion, or under the Law, in the injury, or in the fuit. Laws are like Princes, thofe beft and most beloved who are most easie of access. 10. Places of Judicature ought at no hand to be fold by pious Princes, who remember themselves to Chi compra be Fathers of the People. For they that buy the Ofil magiftrato fice will fell the Act, and they that at any rate will forza è che be Judges, will not at any eafie rate do Juftice; and their bribery is lefs punishable, when bribery opened the door by which they entred. vendra là giuftitia. 11. Ancient privileges, tavours, customs and acts of grace indulged by former Kings to their People, mult Sect. 2. must not without high reafon and great neceffities be revoked by their fucceffours, nor forfeitures be exacted violently, or penal Laws urged rigorously nor in light cafes, nor Laws be multiplied without great need, nor vicious perfons, which are publickly and defervedly hated, be kept in defiance of popular defires, nor any thing that may unneceffarily make the yoke heavy, and the affection light, that may encreafe murmurs, and leffen charity; always remembring that the intereft of the Prince and the People is fo infolded in a mutual embrace, that they cannot be untwisted without pulling a limb off, or diffolving the bands and conjunction of the whole body. confcientiam fuæ 12. All Princes must efteem themfelves as much Nulla lex (ci: bound by their word, by their grants, and by their vilis) fibi foli promifes as the meaneft of their Subjects are by the juftitiae fua reftraint and penalty of Laws: and though they are debet, fed fuperiour to the people, yet they are not fuperiour to eis à quibus their own voluntary conceffions and ingagements, expectat. Ter their promises and oaths, when once they are paffed rul. Apolog." from them. The Duty of Superiours as they are Judges. 1. Princes in Judgment and their delegate Judges muft judge the caules of all perfons uprightly and impartially, without any perfonal confideration of the power of the mighty, or the bribe of the rich, or the needs of the poor. For although the poor must fare no worse for his poverty, yet in juftice he muft fare no better for it: And although the rich must be no more regarded, yet he muft not be lefs. And to this purpofe the Tutor of Cyrus inftructed him, when in a controverfie, where a great Boy would have taken a large Coat from a little Boy, because his own was too little for him, and the other's was too big, he adjudged the great Coat to the great Boy: his Tutor anfwered, Sir, If you were made a Judge of decency or fitness, you had judged well obfequium |