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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A05380 Heauen and earth, religion and policy. Or, The maine difference betweene religion and policy. Written by C.L. Lever, Christopher, fl. 1627. 1608 (1608) STC 15536; ESTC S108517 29,500 128

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but if the politique State be iustifiable in her proceedings it argueth the iustnes and truth of the State of Religion because where the State is not tempted to euill which is much more subiect to such temptation it is of great likely-hood that the Church is vntainted and in the State of truth and holy discipline 12 And in this respect hath God beene fauourable to this Nation beyond comparison hauing giuen it such Soueraignes of State and State gouernors as no Christian Nation can out-glory it descending still a succession of both sorts of Gouernors principals and secondaries whereby both States of Religion and Religious Policy flourish in this kingdome in their lawfull and Religious exercise Of Subordinate Gouernours in the common affaires of State CHAP. VIII SVbordinate Gouernours in the State are Iudges Iustices and their inferiour officers who by reason the executions of their offices depend vpon certaine Satutes State directions are therefore bound to a strictnes of iustice from which they rightfully cannot wander and therefore in the iust discharge of their offices they haue nothing at their owne election but are tied by necessity to iudge and determine as the law shal lead them Therefore in them there is little vse of Policy because the seruice of their place is execution and not inuention to doe as they are directed and not to direct how to doe For the wisedome of Policy is direction but the life of iustice is execution 2 For as euery action of our bodies receiue directions from the soule how to moue how to speake how to worke according to such direction is euery action formed so the subbordinate Magistrate doth nothing of himselfe but as his superiours direct him they giuing him rules and proportions to command and restraine him 3 For the King is the head of euery body Politique his Counsellors of State are those diuine faculties in the head reason vnderstanding iudgement c. By whose directions the whole body is ordered and disposed the instrumentall parts such as the eies the hands the feete c. resemble subordinate officers who administer and execute as the head directs them The truncke or bulke of the body is the vulgar who communicate the profits of the whole body yet in respect of gouernment they are meerely passiue hauing diuine and humane lawes and their officers to order them in euery circumstance of their life 4 Thus ought euery body Politique to bee disposed euery difference of degree obseruing iust proportion as God as Nature and as Order hath disposed them Therefore in subordinate officers of State there is a dutie of conformity which commands them as they command inferiours whereby the libertie of euill affected men is restrained from much iniurious violence which authoritie would giue to bloodie or ambitious Natures 5 For in men not rightly affected there is no Heauen no Hell no wound of conscience so powerfull to correct and withhold from iniury as penalty and seuere law because they are but doubtfully but this certainly beleeued and therefore is it a speciall prouidence of State to limit all subordinate authoritie and to leaue nothing to libertie and common discretion wherein would bee disorder and confusion but to giue authoritie with limits and restrictions commanding both the matter and the manner of euery lawfull proceeding in a Common-wealth 6 In inferiour magistracie then there is not that needfull vse of much policy as in Soueraigne and State authority a faithfull diligence being principally required in their seruice to do onely that which they are directed And this was seriously regarded in the Romane Gouernment where inferiour officers might doe nothing not onely not against but not without superiour authority where such neglect was punished with death euen in them who had deserued nobly 7 Religion and Conscience then is principally and solely required in such magistracie the which dutie in them discharged where in all controuersies of titles or executions of iustice the true end and purpose of euery law is barely considered no partiall regard had to friend or friendly fauours whereby the sentence and iudgement of lawes may destroy their iustice and sincerity 8 And from whence do arise infinite of inconueniencies the greatest enemies of peace and iustice the calamitie of a Christian State and the distroyers of many wealthy States all which euils would be auoyded if law-controuersies were decided without friuolous protractions and and with a conscionable vnderstanding of the law the reuerend sages of the law deliuering the true sense of euery Statute and the true worth of euery title with single eye and without partiall affection whereby the swarmes of contentious wranglers might want argument of strife and imploy their paines in more conscionable seruices and whereby the Common-wealth should not want the profitable imployment of honest and painefull men in their callings who often times lose their whole estate by attending the law defence of some litle parte thereof Therefore in these officers and in this authoritie there is most needefull vse of conscience and that no Policy but onely Religion may giue them and their place direction 9 This is the common duty but not the common practise of subordinate officers who notwithstanding their little vse of Policy yet many times vse Policy and bad Policy more then conscience and Religion whereby the reuerend and worthy place it selfe is held in iealousie and the common reputation disgraced by the base vsage of some particulars 10 But it were a bad argument to conclude against a generall profession by particular instance or condemne the abused because of the abusers for among all degrees of men and in euery place and profession there are euer some guilty of dishonest and vngodly practise If Christ chuse twelue there is on diuell and therefore in our elections among twenty there may be twelue diuels And vndoubtedly it is no wrong to report that in all estates degrees and professions of men the worse part is by much the greater for as the way to Heauen so the way to honesty and vpright dealing is hard and the passage narrow and fewe there be that enter that path but most happie are they whosoeuer they bee who refuse to be vnfaithfull despising the vanities of this life because their hope and confidence doth repose in the trust of Gods prouidence 11 Whosoeuer then hath place in these subordinate affaires of State whether it be in the course of law or in the course of common iustice if he decline from the rules of equity and honest proceeding his practise is but Policy and the vse he maketh of Law is most vnlawfull for howsoeuer it is but reasonable that the profits of euery mans place that hath imployment in the State should support him and gaine him such proportion of maintenance as the countenance of his place requireth yet he that applieth the seruice of his place to his owne profitable vses onely is most vniustifiable in the iudgement of conscience because he faileth