A Looking Glass for Princes and Peoples Delivered, Book 1 · Part 3 · Part 2
2. The worke of the royall Gift. Iust Governement. That hee may judge thy people in righteousnesse.
THis is the second thing hee prayeth for, the worke The work of ye royall gift is good Governement.and vse of the gift, the governing of Gods people aright: Everie gift of God is his blessing to mankinde, and that both to the possessour and others. It maketh the possessour idonous, and fit for to doe some good to mankind: And the want in other it respectes as a remeedie to worke such a good as they neede: Therefore, there is required a worke of the gift, to proue the liuelinesse of it in the possessour, and to produce the worke of helping others: A gift without its owne proper worke, is but liuelesse, and a Talent digged in the earth. The gift it selfe is a sort of Gods presence with the possessour, but the right vse of it is a greater degree of his presence: And for this cause a gift even in a Mechanicke calling, is called a Spirit: I will powre my Spirit on Bezaleel, &c. To testifie it is all in action, a vigorous and actuous power in man setting Exod. 31. 30.him on worke: The end also of all gifts is for action, whither it bee a gift of common providence, the possession is personall, but the vse is common, or whither it bee a gift of grace for edification, the possession is also personall, but for a common vse.
Wee shall consider this worke in the rule, the Practise 1. Good Lawes the rule of Governement.the Difficultie and Remeedes: The rule is the Law: As all gifts are for worke, so the gift of Kinglie governement, and that both to make good Lawes by common consent, and governe according to them: In the beginning Societies had no enacted Lawes, but a power committed to one.Populi nullis legibus tenebantur. Aug. Covit. 4. 6. But when they saw that one to abuse his power, GOD by that same Law of Nature, that led them first to Governement, tooke them a steppe further to make Lawes, that both Ruler and people might hauehave a standing and set Directorie, by common consent: So that as tediousnesse of solitarinesse drew them to Societies, and iniuries of Societies drew them to Governement, so the tyrannie of Governours drew them to Lawes for the good of the whole Bodie.
Lawes doe not onelie teach what should bee done, but alsoGood lawes hauehave both direction & sanction. enjoyne that it bee done, and that with respects of rewarding obedience, and punishing disobedience: so God gaue his Law hedged with promises to allure, and threatnings to terrifie; for hee knoweth our slownesse to good hath neede to be allured by rewards, and our forwardnes to evill, to bee bridled with punishment: These respects are proper to man, for other creatures, as naturall Agents worke according to the Law that God hath given them: They hauehave no more but a common assistance of God▪ as the first cause; neither hath the worke the morall respect of vertue or vice, or of reward, or punishment: But man commeth in another estate, hee hath a minde to consider the equitie of the Law: a Conscience to bee sensible of the obligement: and a will to incline to doe: And therefore his obedience: hath the Name of righteousensse, looking to the promised reward, and his disobedience, the name of sinne, looking to the threatned punishment.
Good Lawes are the sinewes of Societies; though they directGood Lawes the sinews of societies. vsus in outward things, yet they sticke fast on our Reason which beeing in kind but one in all men, maketh a great sibnesse of Notions in all: so that reason in everie man can easilie conceiue, or condescend to that equitie, which vniversall reason (the extract of the eternall Law of God) directeth vsus to doe.
All Lawes hauehave a binding notion and vse, though in diverseThe diverse respects of of Lawes. respects: The eternall Law is in God his will, the fountaine and rule of all Lawes: And amongst men, the Noetick Law of Nature writtē in the hearts of all people in principles. The laws of nations Dianoetick or discursiue in conclusions drawn out of these principles, which are divers in sundrie places, because of the diversitie of circumstances. The greatest perfection of humane Lawes is in their conformitie to that prime and eternall Law in God; and in their vigour, when they are put in execution, like the effectuall providence that executeth the prime Law.
Written Lawes are for direction, and the living LawThey are both for direction and execution. (that is a King) is for actions, to see that direction obeyed. As their calling prescryveth this, so the people craue it. For Iustice is an habite dwelling in the Soules of Kings, and cannot be seene but in the worke; and people are not so subtile as to consider royall Iustice in an habite▪ but as they see it in practice: When they see sinne punished and vertue honoured, that is more forcible to perswade them of the gift of governement in Kings, than a thousand subtile demonstrations. This is plaine in the end of Solomons desire; hee craved a wise heart, not for that end to dwell in pleasant theorie, but for practice, that I may goe out and in before thy people. No King abounded more1 King 9 3. in profound speculations: yet …ee made them not his end, but vsed them as meanes to fit him for a practike Governement, and to giuegive the world a proofe of his habilitie for his calling. It was not the habite of wisedome in his heart, but the practice that made him famous to the world: The words that hee spake, the order of his house, and wise dispatch of his affaires, made the hearers & beholders1 King. 10. 4 astonished.
Lawes are not made for Theorie, but for Practice; and2 Practise of Lawes. the best practice on the part of the people is Obedience, and on the part of the Magistrate execution: And the best execution is when rewards and punishments (the pases of Leges benè stabilitas sed sed malè observatas▪ Ber-Non eris innocent. Bern. Consid. lib. 2 The due application of Lawes is fruitfull.the worlds Clocke) are applyed as men deserue; the god lie rewarded, & the wicked punished. It hath bene an olde cōplaint, that Lawes hauehave bene well made, but evill observed: And he cannot be innocent, who either spareth him that should bee punished, or punisheth him that should bee spared.
By just punishment three things are procured. First, the amendement of the offender; for so the evill of punishment layde vponupon the evill of his disobedience, will curbe that corrup…ion in him; since it bringeth vponupon him a worse evill in his account. Next a bettering of other, who seeing iniquitie punished, will fe…re to doe the like, least they incurre the like punishment: Thirdlie, the peace of the whole Bodie, when such as trouble it with their wrongous dealing, are condignelie punished for their wrong…. On the other part, when righteousnesse is rewarded, three answerable fruites doe follow. First, the righteous are made better, when the good of their righteousnes is augmented by the good of their reward: Next, others are provoked to righteousnesse, when they see it rewarded: Thirdlie, the whole body is reioyced to see the good honoured, for when the godly are exalted the Prov. 29 2.people reioyce; and so publicke peace is keeped by the vniversall care and study of well-doing.
But when the application of these things goe contrare, Their wrōg application is hurtfullboth to the meaning of the Law, and the deserving of the persons, then fearefull confusions follow: All men are discouraged from righteousnesse, which they see neglected and punished: And none sleeth from evill, but rather followeth it; when they see it honoured with the reward of good: The wicked are both imboldened to committe sinne, and proud of their reward: The godly are grieved that matters goe so crosse, and lament to see good men cled in the liveray of the wicked, and the wicked in the liveray of the godly: It is a shame for the sonnes of men when the wicked are exalted. In such a case Lawes areProv. 29. 2. Psal. 12. 8. without life, their execution is contrare to their direction, and their direction serveth for no other end but as a shining light to discover the iniquitie of such application.
Impyres and Kingdomes are no lesse mortall than a man: Vnrighteous nesse is the mortality of Kingdomes.they hauehave their owne Infancie, Adolescence, and Vigour; and from that, their inclination, decay & death, and others arise of their fall: Their greatest high is in Pietie and Iustice, and their deadlie disease is in profainesse and vnrighteousnesse: As the heate decaying in the heart, so is profainnesse in a Kingdome, and injustice is as a palsie that dissolveth the whole Bodie.Ministration of Iustice. Eccle. 3. 16.
It was one of Solomons remarkes of vanitie, I saw vnderunder the Sunne the place of Iudgement that wickednesse was there and the place of righteousnesse that iniquitie was there It is grievous to see iniquitie any where, but most in the seate of Iustice: and it is great boldnesse in iniquitie to out-face Iustice in her owne seate: and great presumption in the vnrighteous when they darre either prosecute or …nter leges ipsas delinqui tur, inter iura peccatur. Cyp. Epi st. 2.defend iniquitie in Iudgement: The case of that …and is lamentable, where Iustice …eats are …ade seates of injustice, and the remeede of inquitie turned in the disease: there is no hope that Iustice can reigne where iniquitie vsurpeth so vponupon her as to thrust her out of her place, and from thence vnderunder her name maintaineth wrong. That case seemeth so desperate to Solomon that hee puttethEcclc. 3. 17 Perverted Iustice is a case reserved to God. it amongst these cases reserved to Gods owne cure, and the great appellations to be discussed at the last day. I said in mine heart, God shall iudge the righteous and the wicked, for there is a time for everie purpose, and for everie worke. God hath established Iustice amongst men to doe them right, but when shee is so oppressed as to bee displaced, and her name borrowed, to colour iniquitie, then of a Iudge shee turned a Plaintiue, compleaning to God of that violence.
Though Lawes were wrong exponed in their meaning,It shall bee censured at ahe last day. and their rewards wrong applyed yet, supreme reason (the life of the law) liueth with God, and will vindicate the owne true sense, and apply rewards aright. This is the law of Lawes abyding in God, which wee may know and ought to follow, …ut may not iudge, so that wee may say, THAT THE LAVV OF THE COVRT OF HEAVEN,Lexcuria c… lestis & Re… pub. est volunta… Dei. Aug. AND OF REPVBLICKS IS THE VVILL OF GOD. Hee hath appointed Indicatories to keepe men in order, but when they are abused to maintaine wrong, and oppresse right, hee hath the last Iudgement for a remeede, to call all proceedings to a new tryall, and to discusse the appeales of the distressed.
Kings indeede hauehave long eares to heare, and long hands to doe many things; yet they cannot heare, and doe all byDifficulties of judgement. themselues: Therefore Iethroes counsell to Moses was good to divide his burthen, and set vp Iudges and Magistrates with authoritie vnderunder him. But that work is full of difficulty, & that in respect of the Lawes, the parties 1. From the Lawes.& Witnesses. Lawes are many, & yet short for all incident and daylie emergent causes. Iustinian thought hee had put out a perfect bodie of the Lawes, when hee caused digest the Roman Lawes for twelue hundreth yeare; and yet these many Volumes may be called short for so vniversall a purpose: and the matter appointed to end Pleas, is turned a seminarie of pleas, because of briefnesse: Though all Lawes and Decisions were gathered together, they cannot meete with everie new circumstance: Mans corruption is ever devysing new wrongs, and new colours to colour them withall. …he diverse interpretation of Lawes increaseth this difficultie, and that Emperour missethAd citiorem litium decisionem. Cod, …. in it para. h…c igitur. his end of the hastie decision of pleas, when after long disputing, the question is more doubtfull than when it was first stated, albeit the small brookes of Lawes before Lotharius time, are turned since in Mare magnum, a great ocean of Lawes.
The parties vsuallie whither of simplicitie or purpose, 2 From the parties.are bold to bring the evill cause to Iudgement, they are confident of their cause▪ and oft times the worst cause hath most diligence, to supplie the want of equitie by the excesse of businesse. If righteousnesse ruled men, Iudges would hauehave little to doe; and if Truth were in their words, questions were soone decided. But the Clients information to their Advocats is so badde, that it is hard either for them to know, or the Iudge to discerne where the Truth is.
Witnesses also helpe this difficultie: They are subiect to their own corruptions, and may deceiue the best Iudges,3 From witnesses. who by their office are bound to judge, according to things alledged and proven. If the religion of one Oath had force, the matter were easie, for God hath ordained it to put an end to controversies: but mans wickednesse hathHeb. 6. 16. turned it in a meanes to hyde the truth: If Aequivocation had place in Iudgement, God had never ordained Oathes for ending of questions; though the Iesuits hauehave perfected that coloured periurie in our time, yet it is naturall to man who is a liar. It confounded all Iudgement,Psal. 116. 11. so that neither the oath of calumnie in the parties, nor the oath of veritie in the Witnesses wants the owne suspicion: But possiblie betime Iudges will bee forced to invent a third sort of oath (occasioned by Aequivocation) to make parties and Witnesses sweare that they sweare truelie.
Moreover, though Knowledge and Experience inRemeedy of these difficuties. Iudges overcome these difficulties, yet their frailtie of affection is inclinable to the Parties: Therefore it was a good devyce to pleade causes without designing the names of the parties, but vnderunder the fained names of Seius and Titius &c. And that suffrages should not bee given by Word, but by Notes on a Table or by Whitestones for assenting, or blacke-stones for dissenting. SoRev. 2. 17. a way was provyded for libertie in votting▪ and for securitie from challeng for that libertie. But the absolute best remeede for Parties, Pleaders, Witnesses and Iudges, is to set God the supreme Iudge before them, and to remember that God sitteh in the assemblie of gods, and to proceedPsal. 82 1. as in his sight. When cause is simplie compared with cause, and reason with reason, the sentence will easilie ryse according to right and equitie.
But this difficultie is greatest in criminall causes, andNecessitie of torture is a torture to the criminal Iudge. hath brought on the necessitie of torture, which is a sort of torment to a pittifull Iudge. It is a miserable supplie of the want of probation, and so insufficient, that the vrgers of it permit the sufferer after torture to goe from his deposition or byde at it. It was first devysed by Pagans, and is iustlie called a Tarquinian crueltie: They had not spirituall and divine motiues taken from GOD or Heaven, or Hell &c. to presse the Consciences of the guiltie: therefore they tooke them to that brutish motiue of a bodilie paine: Man is reasonable, and truth should bee sought out of him by reasonable motiues, which choppe on his reason and Conscience▪ and that in the respects of eternall reward or punishment: But the way by bodilie paines is more fleshlie and the order is preposterous, by the bruising of the flesh, to open the minde: An extorted confession is but a bastard confession as fire forced out of the flint.
It is lamentable, that among Christians there is asIt is as necessar amōg Christians as among Pegans. great necessitie of torture, and as small fruite of it as among Pagans: What ever bee the lawfulnesse of it, the minde of he Iudge is tortured. Hee would know the Truth, and must vse such a meanes to search it: Hee knoweth not whither the sufferer bee guiltie or not yet must hee suffer as suspected of obstinacie in denying, lest hee die as guiltie; and in avoyding death, hee suffereth death in torments; hee suffereth not, because hee hath done the crime, but because it is vncertaine if hee hauehave done it: And so the vnavoydable ignorance of the Iudge is the calamitie of the Innocent, and the more hee presse to helpe his ignorance, hee hurteth the innocent the more: This is lamentable, and to bee washeth with floodes of teares, that while the Iudge tortures the susp…ct person least hee kill an innocent, hee killeth that innocent whomThe innocent sometimes punished. hee tortureth lest hee should kill him: And when their paine maketh them chuse to die, rather than to bee tortured, they confesse the cryme that they did not, and so are innocent both in torture and in death. And yet when they are execute the Iudge knoweth not whither they be guiltie or innocent: And so oftimes both tortureth and killeth an innocent, while hee laboureth to eschew it; By these things a wise Iudge is drawen on not by desire of hurt but by necessitie of ignorance, and yet (since humane Societie craveth it) by necessitie of Iudgement. This is contrare to the tortures of the olde persecutors, they tortured Ideo torque…ur confiten tes & absol…imur negantes quia nomin…s proelium est▪ Tertu.confessing Christians, and let them goe free if they denyed; but the criminals torture that they may confesse, and destroyeth them for their confession.
On the other part, how oft doe the guiltie endure torture with obstinacie, and harden their hearts to conceale the truth: Such obstinacie at the first is resolved, but ifApologet. The guiltie some times escape. it turne iudiciall by a wilfull denying, with cursings and execrations, then it worketh either a stupifying senselesnes in their flesh, or else (by way of diversion) fasteneth the minde so vponupon losse or shame (that followeth a confession) that it lets not the flesh feele paine: Sathan can stupifie his martyres in maintaining lies, that hee may play the Ape to GOD, who mitigateth the paines of his martyrs by spirituall comforts. It is not therfore for nought, that God tooke of the Spirit of Moses and put vponupon the Elders, because they had a Calling full of difficultie: In all which cases it is best for a Iudge to looke to God, and that eternall Law in him; and withall to craue his direction thatPsal. 25. 17. hee erre not in Iudgement, and cry, Deliver mee, O Lord, out of all my necessities. But there is no better spur than Iehosapha…s exhortation to Iudges, Take heede what yee doc, for yee iudge not for man, but for the Lord, who 2 Chro. 19. 6. 7.is with you in the Iudgement. Wherefore now, let the feare of the Lord bee vponupon you, take heede and doe it: For there is no iniquitie with the Lord our God, nor respect of persons, nor taking of gifts.