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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, 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
Chi compra il magistrato, forza è, che vendra la giustitia.
laws P: 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 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 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.
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
P Nulla lex (civilis) sibi soli conscientiam justitiæ suæ debet, sed eis à quibus obsequium expectat. Tertul. Apologet.
justice, and doing acts of judgment. The duty of parents to their children and nephews is briefly described by St. Paul.
The Duty of Parents to their Children.
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 confirmation". 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; 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, 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 9 Ephes. vi. 4.
* Potior mihi ratio vivendi honestè, quàm et optimè dicendi videtur.-Quintil.
Heb. xii. 9. Crates apud Plutarch. de Liber. Educand.
1 Tim. v. 4.
condition, education, and employment: called by St. Paul, "a laying up for the childrent," 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". Parents must, according to their power and reason, provide husbands or wives for their children. In which they must secure piety and religion", and
t1 Tim. v. 1.
Νυμφευμάτων μὲν τῶν ἐμῶν πατὴς ἐμὸς
Μέριμναν ἕξει, κοὐκ ἐμὸν κρίνειν τάδε.—Eurip. Androm. 988.
Ovid. in Epist. Hermiones.
▾ Liberi sine consensu parentum contrahere non debent. Andromacha apud Euripidem, cùm petita fuit ad nuptias, respondit, patris sui esse sponsalium suorum curam habere: et Achilles apud Homerum regis filiam sine patris sui consensu noluit ducere. Il. 9. 393. Ην γὰρ δή με σόωσι θεοὶ, καὶ οἴκαδ ̓ ἵκωμαι, Πηλεὺς θήν μοι ἔπειτα γυν αῖκα γαμέσσεται αὐτός. Et Justinianus Imp. ait, naturali simul et civili rationi congruere, ne filii ducant uxores citra parentum authoritatem. Simo Terentianus parat abdicationem, quia Pamphilus clam ipso duxisset uxorem. Istiusmodi sponsalia fiunt irrita, nisi velint parentes : at si subsequuta est copula, nè temere rescindantur connubia, multæ suadent cautiones et pericula. Liberi, autem, quamdiu secundùm leges patrias sui juris non sunt, clandestinas nuptias si ineant, peccant contra quintum præceptum, et jus naturale secundarium. Propriè enim loquendo parentes non habent ovríav, sive potestatem, sed authoritatem; habent jus jubendi aut prohibendi, sed non irritum faciendi. Atque etiam ista authoritas exercenda est secundùm æquum et bonum; scil. ut nè morosus et difficilis sit pater. Mater enim vix habet aliquod juris præter suasionis et amoris et gratitudinis. Si autem pater filiam non collocâsset 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 ætatem, et tum exspirat quoad matrimonium; et est major in filias quàm filios.-Num. 30.
Eosdem quos maritus nôsse deos et colere solos uxor debet; supervacaneis au
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 the 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. to sit up all night, than to go to bed with a dragon.
Rules for Married Persons.
1. Husbands must give to their wives love, 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 be no distinction between them of mine and thine. And if the title be the man's, or the woman's, yet the use must be common; only the wisdom of the man is to 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 merchandize. And upon this ground I suppose it was, that St. Basil commended that woman who took
tem religionibus et alienis superstitionibus fores occludere. grata sunt sacra, quæ mulier clanculùm et furtim facit. Præcept. Gen. 24. Vocemus puellam, et quæramus os ejus.
* Σοὶ δὲ θεοὶ τόσα δοῖεν
Nulli enim deûm
The Duty of Husbands, &c.
̓́Ανδρα τε καὶ οἶκον, καὶ ὁμοφροσύνην ὀπάσειαν
Odyss. 6. 180.
Homer. Il. 9. 340.