SECTION II.
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 a
father, and is the great guide and conductor of our spirits as the head of the
church, and the great shepherd and the 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 these following rules:
1. Princes of the people, and all that have
legislative power, must provide useful and good laws for the defence of
property, 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.[159] 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 cures 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 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
or 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.
8. Princes must, in a special manner, be
guardians of pupils and widows, not suffering then 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;[160] and they that, at any rate, 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 anything 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;[161] 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.
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, be 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 Cyrus 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 to 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.
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 and nephews is
briefly described by St. Paul.
1. `Fathers, provoke not your children to
wrath:'[162] 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 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 confirmation.[163] For it is 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 show piety at home;[164] 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 treasuer and their guide. Hither is to be reduced the nursing of
children, which is the first and most natural and necessary instance of piety
which mothers can show to their babes; a duty from which nothing will excuse,
but a disability, sickness, danger, or public necessity.
4. Parents must provide for their own, according
to their condition, education and employment: called by St. Paul, `a laying up
for the children;'[165] that is, an enabling
them, by competent portions, or good trades, arts, or learning, to defend
themselves against the chances of the world, that they may not be exposed to
temptation, to beggary, or unworthy arts. And although this must be done
without covetousness, without impatient and greedy desires of making them rich;
yet it must be done with much care and great affection, with all reasonable
provision, and according to our power: and if we can, without sin, improve our
estates for them, that also is part of the duty we owe to God for them. And
this rule is to extend to all that descend from us, although we have been
overtaken in a fault, and have unlawful issue; they also become part of our
care, yet so as not to injure the production of the lawful bed.
5. This duty is to extend to a provision of
conditions and an estate of life.[166]
Parents must, according to their power and reason, provide husbands or wives
for their children.[167] In which they must
secure piety and religion,[168] and the
affection and love of the interested persons; and after these let them make
what provisions they can for other conveniences or advantages; ever remembering
that they can do no injury more afflictive to the children than to join them
with cords of a disagreeing affection; it is like tying a wolf and a lamb, or
planting a vine in a garden of coleworts. Let them be persuaded with reasonable
inducements to make them willing, and to choose according to the parent's wish;
but at no hand let them be forced. Better to sit up all night than to go to bed
with a dragon.
1. Husbands must give to their wives love,[169] maintenance, duty, and the sweetnesses of
conversation; and wives must pay to them all they have or can, with the
interest of obedience and reverence: and they must be complicated in affections
and interest, that there must be no distinction between them of mine and thine.
And if the title be the man's or the woman's, yet the use is to be common; only
the wisdom of the man is a regulate all extravagances and indiscretions. In
other things no question is to be made; and their goods should be as their
children, not to be divided, but of one possession and provision: whatsoever is
otherwise is not marriage but merchandise. And upon this ground I suppose it
was, that St. Basil commended that woman who took part of her husband's good to
do good works withal:[170] for supposing him
to be unwilling, and that the work was his duty or here alone, or both theirs
in conjunction, or of great advantage to either of their souls, and no violence
to the support of their families, she had right to all that: and Abigail, of
her own right, made a costly present to David when her husband Nabal had
refused it. The husband must[171] rule over
his wife, as the soul does over the body, obnoxious to the same sufferings, and
bound by the same affections, and doing or suffering by the permissions and
interest of each other: that (as the old philosopher said) as the humours of
the body are mingled with each other in the whole substances, so marriage may
be a mixture of interests, of bodies, of minds, of friends, a conjunction[172] of the whole life, and the noblest of
friendships. But if, after all the fair deportments and innocent chaste
compliances, the husband be morose and ungentle, let the wife discourse thus:
"If while I do my duty, my husband neglects me, what will he do if I neglect
him?" And if she things to be separated by reason of her husband's unchaste
life, let her consider, that then the man will be incurable ruined, and her
rivals could wish nothing more than that they might possess him alone.
1. The same care is to extend to all of our
family, in their proportions, as to our children: for as, by St. Paul's
economy, the heir differs nothing from a servant, while he is in minority, so a
servant should differ nothing from a child, in the substantial part of the
care; and the difference is only in degrees. Servants and masters are of the
same kindred, of the same nature, and heirs of the same promises, and
therefore, 1. must be provided of necessaries, for their support and
maintenance. 2. They must be used with mercy. 3. Their work must be tolerable
and merciful. 4. Their restraints must be reasonable. 5. Their recreations
fitting and healthful. 6. Their religion and the interest of souls taken care
of. 7. And masters must correct their servants with gentleness, prudence, and
mercy; not for every slight fault, not always, not with upbraiding and
disgraceful language, but with such only as may express and reprove the fault,
and amend the person. But in all these things measures are to be taken by the
contract made, by the laws and customs of the place, by the sentence of prudent
and merciful men, and by the cautions and remembrances given us by God; such as
is that written by St. Paul, `as knowing that we also have a Master in heaven.'
The master must not be a lion in his house, lest his power be obeyed, and his
person hated; his eye be waited on, and his business be neglected in secret. No
servant will do his duty, unless he make a conscience, or love his master: if
he does it not for God's sake or his master's, he will not need to do it always
for his own.
Tutors and guardians are in the place of
parents; and what they are in fiction of law, they must remember as an argument
to engage them do do in reality of duty. They must do all the duty of parents,
excepting those obligations which are merely natural.
*The duty of ministers and spiritual guides to
the people is of so great burden, so various rules, so intricate and busy
caution, that it requires a distinct tractate by itself.
__________________________
[159] Omittenda potius praevalida ct adulta
vitia, quam hoe adsequi, ut palam fiat, quibus flagitiis impares
simus.-Tacit.
[160] Chi compra il magistrato, forza e, che
vendra la giustitia.
[161] Nalla lex (civilis) sibi soli
conscientiam justitiaw suae debet, sed cis a quibus obsequim expectat-Tertul.
Apolget.
[162] Ephes. vi. 4.
[163] Potior mihi ratio vivendi honeste,
quam et opime dicendividetur.-Quintil. lib. i. cap.2.
[164] Heb. xii.9 Crates apud Plutarch. de
Liber. Educand. 1 Tim. v.4.
[165] 1 Tim. v. 1.
[166] Nurfenfatwn uen
twn erwn patmf eros
Mertrnan exzi, koud euon donein tase.-Eurip. Androm.
988
[167] Liberi sine consensu parentum
contrahere non debeut. Andromache, apud Eurpiden, cum petita fuit ad nuptias,
responidit, patris sui esse sponsalium suorum curam habere; et Achilles, apud
Homerum, regis filiam sine patris sui consensu noluit ducere. II.9, 393. Et
Justinanus Imp. alt. naturali simul et civili rationi congruere, ne filii
ducant uxores citra parentum authoritatem. Simo Terentianus parat abdictionem,
quia Pamphilus clam ipso duxisset uxorem. Istitsmodi sponalia frunt irrita,
nisi velint parentes: at si subsequuta est copula, ne temere rescindantur
connubia, toulue suadent cautiones et pericula. Liberi, autem, quamdiu secundum
leges patrias sui juris non sunt, clandestinas nuptias si ineant, peccant
contra quintum praeceptum, et jus naturale secundarium . Proprie enim loquendo
parentes non habent sive potestatem, sed authoritatem; hebent jus jubendi aut
prohibendi, sed non irritum faciendi. Atque etiam ista authoritas exercenda est
sccudnum aequm et bonum; scil, nt ne morosus et difficilis sit pater. Mater
enim vix habet aliquod juris praeter suasionis et amoris et gratitudinis. Si
autem pater filiam non collocasset ante 25 annos, filia nubere poterat cui
voluerat, ex jure Romanorum. Patrum enim authoritas major aut minor est ex
legibus patriis, et solet extendi ad certam aetatem, et tum exspirat quoad
matrimonium; et est major in filias quam filios.-Num. 30.
[168] Eosdem quos maritus nosse deos et
colere s olos uxor debet; supervacaneis autem religionibus et alienis
superstitionibus fores occludere. Nulli enim deum grata sunt sacra, quae mulier
clanculum et furtim facit-Plutarch. Conjug. Praecept. Gen. 24. Vocemus puellam,
et quaeramus os ejus.- The Duty of Husbands, etc. See Chap ii Sect. 3.
[169] Eoi ue deou tosa
doten -
[170] Kleyasa kala
klerrata aneu anoros tas eupoiad zpoimse.
[171] Laetum esse debet et officiosum mariti
imperium.-Plut. Namque es ei pater et frater, venerandaque mater; nec minus
facit ad dignitatem viri, si mulier eum suum praeceptorem, philosophum,
magistrumque appellet.-Putarch.
[172] Convictio est quasi quaedam intensio
benevolentiae. Inferior matrona suo sit, sexte marito: Non aliter flunt
foemina, virque pares. 18