the devil, he disputed about the body of Moses, durst not bring against him a railing accusation.] But because our superiors rule by their example, by their word or law, and by the rod, therefore in proportion there are several degrees and parts of obedience or several excellencies and degrees towards perfection. Degrees of Obedience. 1. The first is, the obedience of the outward work : and this is all that human laws of themselves regard; for because man cannot judge the heart, therefore it prescribes nothing to it: the public end is served 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 also necessary in our obedience to human laws, not because man requires it for himself, but because 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 secured against secret arts and subterfuges: and when we can avoid the punishment, yet we shall not decline our duty, but serve man for God's sake, that is, cheerfully, promptly, vigorously? for these are the proper parts of willingness and choice. 3. The understanding must yield obedience in general, though not in the particular instance; that is, we must be firmly persuaded of the excellency of the obedience, though we be not bound in all cases to think No. 9. 2 E the particular law to be most prudent. But in this our rule is plain enough. Our understanding ought to be inquisitive whether the civil constitution agree with our duty to God, but we are bound to inquire no farther and therefore beyond this, although he who, having no obligation to it, (as counsellors have) inquires not at all into the wisdom or reasonableness of the law, be not always the wisest 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 secured by a precedent search, he hath also with the best, and with all the instruments in the world, secured his obedience to man, SECT II. Of Provision, or that Part of Justice which is due from Superiors to Inferiors. AS God hath imprinted his authority in several parts upon several estates of men, as princes, parents, spiritual guides: so he hath also delegated and committed parts of his care and providence unto them, that they may be instrumental in the conveying such blessings which God knows we need, and which he intends should be the effects of government. For since 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 these dignities, have also their share of the administration: the sum of all which is usually signi fied in these two words [governing] and [feeding] and is particularly recited in these following rules: Duties of Kings, and all the Supreme Power, as 1. Princes of the people and all that have legislative power, must provide useful and good laws for the defence of propriety, for the encouragement of labour, for the safeguard of their persons, for determining controversies, 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 the public dispositions, to the affections and disaffections of the people, and must not introduce a law with public scandal and displeasure; but consider the public benefit, and the present capacity of affairs, and general inclinations of men's minds*. For he that inforces a law upon a people against their first and public apprehensions, tempts them to disobedience, and makes laws to become snares and hooks to catch the people, and to enrich the treasury with the spoil and tears, and eurses of the commonalty, and to multiply their mutiny and their sin. 3. Princes must provide that the laws be duly executed for a good law without execution is like an unperformed promise: and therefore they must be severe exactors of accounts from their delegates and ministers of justice. 4. The severity of laws must be tempered with * Omittenda potiùs prævalida et adulta vitia, quàm hoc adsequi ut palàm fiat quibus flagitiis impares simus. Tacit. dispensations, pardons, and remissions, according as the case shall alter, and new necessities be introduced, or some singular accident shall happen, in which the law would be unreasonable or intolerable as to that particular. And thus the people, with their importunity, prevailed against Saul in the case of Jonathan, and obtained his pardon for breaking the law which his father made, because his necessity forced him to taste honey, and his breaking the law in that case did promote that service whose promotion was intended by the law. 5. Princes must be fathers of the people, and provide such instances of gentleness, ease, wealth, and advantages, as may make mutual confidence between them; and must fix their security, under God, in the love of the people, which therefore they must with all arts of sweetness, remission, popularity, nobleness, and sincerity, endeavour to secure to themselves. 6. Princes must not multiply public oaths without great, eminent, and violent necessity, lest the security of the king become a snare to the people, and they become false when they see themselves suspected, or impatient when they are violently held fast. But the greater and more useful caution is upon things than upon persons: and if security of kings can be obtained otherwise, it is better that oaths should be the last refuge, and when nothing else can be sufficient. 7. Let not the people be tempted with arguments to disobey, by the imposition of great and unnecessary taxes*: for that lost to the son of Solomon the dominion of the ten tribes of Israel. * L'avaritia de Re, peste de Regni. 8. Princes must in a special manner be guardians of pupils and widows, not suffering their persons to be oppressed, or their estates embezzled, or in any sense be exposed to the rapine of covetous persons, 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 support them, and the other to avenge them. 9. Princes must provide that the laws may be so administered, that they be truly and really an ease to the people, not an instrument of vexation; and therefore must 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, lest injured persons be forced to perish under the oppression, or under the law, in the injury, or in the suit. Laws are like princes, those best and most beloved who are most easy of access. 10. Places of judicature ought at no hand to be sold by pious princes, who remember themselves to be fathers of the people *. For they that buy the office will sell the act, and they that at any rate will be judges, will not at an easy rate do justice; and their bribery is less punishable, when bribery opened the door by which they entered. 11. Ancient privileges, favours, customs, and acts of grace, indulged by former kings to their people, must not without high reason and great necessities be revoked by their successors, nor forfeitures be exacted violently, or penal laws urged rigorously, nor in light cases, nor laws be multiplied without * Chi compra il magistrato forza è chevendra làgiustitia. |