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, of several excellencies and degrees towards perfection.

Degrees of obedience.

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.

Secondly, 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.

Thirdly, 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 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 enquire no further: and therefore beyond this, although he who, having no obligation to it (as counsellors have), enquires 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.

SECTION 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 signified in these two words, 'governing' and 'feeding,' and is particularly recited in the following rules ;

Duties of kings, and all the supreme power, as lawgivers.

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 mindsy. For he that enforces 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 curses 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 dispensations, pardons, and remissions, according as the case shall alter, and new

y Omittenda potius prævalida et adulta vitia, quam hoc adsequi, ut palam fiat

quibus flagitiis impares simus.-[vid.] Tac. [Ann. iii. 53.]

necessities be introduced, or some singular accident shall happen in which the law would be unreasonable or intolerable as to that particularz. 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 Israela.

8. Princes must in a special manner be guardians of pupils and widows, not suffering their persons to be oppressed, or their estates imbeciled, 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

z Επιείκειά ἐστιν ἐπανόρθωμα νόμου, ᾗ ἐλλείπει διὰ τὸ καθόλου. [Arist. Eth. Nicom. v. 10.]

a L'avaritia de' re, peste è de' regni. -[Gruter. Floril. Eth, polit., tom. ii.

par. 2. p. 277.]

b Chi compra il magistrato, forza è che vendra la giustitia.-[Ibid., tom. i. par. 2. p. 131.]

will be judges, will not at any 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; nor penal laws urged rigorously, nor in light cases; nor laws be multiplied without great need; nor vicious persons which are publicly and deservedly hated, be kept in defiance of popular desires; nor any thing that may unnecessarily make the yoke heavy and the affection light, that may increase murmurs and lessen charity; always remembering that the interest of the prince and the people is so enfolded in a mutual embrace, that they cannot be untwisted without pulling a limb off, or dissolving the bands and conjunction of the whole body.

12. All princes must esteem themselves as much bound by their word, by their grants, and by their promises, as the meanest of their subjects are by the restraint and penalty of laws: and although they are superior to the people, yet they are not superior to their own voluntary concessions and engagements, their promises and oaths, when once they are passed from them.

The duty of superiors as they are judges.

1. Princes in judgment and their delegate judges must judge the causes of all persons uprightly and impartially, without any personal consideration 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 justice he must fare no better for it: and although the rich must be no more regarded, yet he must not be less. And to this purpose the tutor of Cyrusd instructed him, when in a controversy 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 answered, "Sir, if you were made a judge of decency or fitness, you had judged well in giving the biggest to the biggest; but when you are appointed judge, not whom the coat did fit, but whose it was, you should have considered the title and the possession, who did the violence, and who made it, or who bought it." And so it must be in judgments between the rich and the poor: it is not to be considered what the poor man needs, but what is his

own.

e Nulla lex (civilis) sibi soli conscientiam justitiæ suæ debet, sed eis a quibus obsequium expectat.-Tert. Apol. [cap.

v. p. 6 B.]

d [Xen. Cyrop. i. 3. § 17.]

2. A prince may not, much less may inferior judges, deny justice when it is legally and competently demanded: and if the prince will use his prerogative in pardoning an offender against whom justice is required, he must be careful to give satisfaction to the injured person, or his relatives, by some other instrument; and be watchful to take away the scandal, that is, lest such indulgence might make persons more bold to do injury: and if he spares the life, let him change the punishment into that which may make the offender, if not suffer justice, yet do justice, and more real advantage to the injured

person.

These rules concern princes and their delegates in the making or administering laws, in the appointing rules of justice, and doing acts of judgment.

The duty of parents to their children.

The duty of parents to their children and nephews is briefly described by St. Paul.

1. "Fathers, provoke not your children to wrath":" that is, be tender-bowelled, pitiful, and gentle, complying with all the infirmities of the children, and in their several ages proportioning to them several usages, according to their needs and their capacities.

2. "Bring them up in the nurture and admonition of the Lord:" that is, secure their religion; season their younger years with prudent and pious principles; make them in love with virtue; and make them habitually so, before they come to choose or to discern good from evil, that their choice may be with less difficulty and danger: for while they are under discipline, they suck in all that they are first taught, and believe it infinitely. Provide for them wise, learned, and virtuous tutors, and good company and discipline, seasonable baptism, catechism, and confirmatione. For it is a great folly to heap up much wealth for our children, and not to take care concerning the children for whom we get it; it is as if a man should take more care about his shoe than about his foot.

3. Parents must shew piety at home; that is, they must give good example and reverend deportment in the face of their children; and all those instances of charity, which usually endear each other, -sweetness of conversation, affability, frequent admonitions, all significations of love and tenderness, care and watchfulness,-must be expressed towards children, that they may look upon their parents as their friends and patrons, their defence and sanctuary, their treasure and their guide. Hither is to be reduced the nursing of children,

d Ephes. vi. 4.

e.. potior mihi ratio vivendi honeste, quam vel optime dicendi videretur.

Quint. [Inst. or., lib. i. cap. 2.]

f Heb. xii. 9. Crates apud Plut. de Lib. educ. [tom. vi. p. 13.Ĵ 1 Tim. v. 4.