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case, I have endeavored throughout the body of this whole discourse, that every former part might give strength unto all that follow, and every later bring some light unto all before. So that if the judgments of men do but hold themselves in suspense as touching these first more general meditations, till in order they have perused the rest that ensue; what may seem dark at the first will afterwards be found more plain, even as the later particular decisions will appear I doubt not more strong, when the other have been read before.

2. Of Law in Nature

Wherefore to come to the law of nature: albeit thereby we sometimes mean that manner of working which God hath set for each created thing to keep; yet forasmuch as those things are termed most properly natural agents, which keep the law of their kind unwittingly, as the heavens and elements of the world, which can do no otherwise than they do; and forasmuch as we give unto intellectual natures the name of Voluntary agents, that so we may distinguish them from the other; expedient it will be, that we sever the law of nature observed by the one from that which the other is tied unto. Touching the former, their strict keeping of one tenure, statute, and law, is spoken of by all, but hath in it more than men have as yet attained to know, or perhaps ever shall attain, seeing the travail of wading herein is given of God to the sons of men, that perceiving how much the least thing in the world hath in it more than the wisest are able to reach unto, they may by this means learn humility. Moses, in describing the work of creation, attributeth speech unto God: "God said, Let there be light let there be a firmament: let the waters under the heaven be gathered together into one place: let the earth bring forth: let there be lights in the firmament of heaven." Was this only the intent of Moses, to signify the infinite greatness of God's power by the easiness of his accomplishing such effects, without travail, pain, or labor? Surely it seemeth that Moses had herein besides this a further purpose, hamely, first to teach that God did not work as a necessary but a voluntary agent, intending beforehand and decreeing with himself that which did outwardly proceed from him secondly, to show that God did then institute a law natural to be observed by

creatures, and therefore according to the manner of laws, the institution thereof is described, as being established by solemn injunction. His commanding those things to be which are, and to be in such sort as they are, to keep that tenure and course which they do, importeth the establishment of nature's law. This world's first creation, and the preservation since of things created, what is it but only so far forth a manifestation by execution, what the eternal law of God is concerning things natural? And as it cometh to pass in a kingdom rightly ordered, that after a law is once published, it presently takes effect far and wide, all states framing themselves thereunto; even so let us think it fareth in the natural course of the world: since the time that God did first proclaim the edicts of his law upon it, heaven and earth have hearkened unto his voice, and their labor hath been to do his will: He "made a law for the rain": He gave his "decree unto the sea, that the waters should not pass his commandment." Now if nature should intermit her course, and leave altogether though it were but for a while the observation of her own laws; if those principal and mother elements of the world, whereof all things in this lower world are made, should lose the qualities which now they have; if the frame of that heavenly arch erected over our heads should loosen and dissolve itself; if celestial spheres should forget their wonted motions, and by irregular volubility turn themselves any way as it might happen; if the prince of the lights of heaven, which now as a giant doth run his unwearied course, should as it were through a languishing faintness begin to stand and to rest himself; if the moon should wander from her beaten way, the times and seasons of the year blend themselves by disordered and confused mixture, the winds breathe out their last gasp, the clouds yield no rain, the earth be defeated of heavenly influence, the fruits of the earth pine away as children at the withered breasts of their mother no longer able to yield them relief: what would become of man himself, whom these things now do all serve? See we not plainly that obedience of creatures unto the law of nature is the stay of the whole world?

3. Of the Sources of Government But forasmuch as we are not by ourselves sufficient to furnish ourselves with

competent store of things needful for such a life as our nature doth desire, a life fit for the dignity of man; therefore to supply those defects and imperfections which are in us living single and solely by ourselves, we are naturally induced to seek communion and fellowship with others. This was the cause of men's uniting themselves at the first in politic Societies, which societies could not be without Government, nor Government without a distinct kind of Law from that which hath been already declared. Two foundations there are which bear up public societies; the one, a natural inclination, whereby all men desire sociable life and fellowship; the other, an order expressly or secretly agreed upon touching the manner of their union in living together. The latter is that which we call the Law of a Commonweal, the very soul of a politic body, the parts whereof are by law animated, held together, and set on work in such actions, as the common good requireth. Laws politic, ordained for external order and regiment amongst men, are never framed as they should be, unless presuming the will of man to be inwardly obstinate, rebellious, and averse from all obedience unto the sacred laws of his nature; in a word, unless presuming man to be in regard of his depraved mind little better than a wild beast, they do accordingly provide notwithstanding so to frame his outward actions, that they be no hinderance unto the common good for which societies are instituted: unless they do this, they are not perfect. It resteth therefore that we consider how nature findeth out such laws of government as serve to direct even nature depraved to a right end.

All men desire to lead in this world a happy life. That life is led most happily, wherein all virtue is exercised without impediment or let. The Apostle, in exhorting men to contentment although they have in this world no more than very bare food and raiment, giveth us thereby to understand that those are even the lowest of things necessary; that if we should be stripped of all those things without which we might possibly be, yet these must be left; that destitution in these is such an impediment, as till it be removed suffereth not the mind of man to admit any other care. For this cause, first God assigned Adam maintenance of life, and then appointed him a law to observe. For this cause, after men began

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to grow to a number, the first thing we read they gave themselves unto was the tilling of the earth and the feeding of cattle. Having by this means whereon to live, the principal actions of their life afterward are noted by the exercise of their religion. True it is, that the kingdom of God must be the first thing in our purposes and desires. But inasmuch as righteous life presupposeth life; inasmuch as to live virtuously is impossible except we live; therefore the first impediment, which naturally we endeavor to remove, is penury and want of things without which we cannot live. Unto life many implements are necessary; more, if we seek (as all men naturally do) such a life as hath in it joy, comfort, delight, and pleasure. To this end we see how quickly sundry arts mechanical were found out, in the very prime of the world. things of greatest necessity are always first provided for, so things of greatest dignity are most accounted of by all such as judge rightly. Although therefore riches be a thing which every man wisheth, yet no man of judgment can esteem it better to be rich than wise, virtuous, and religious. If we be both or either of these, it is not because we are so born. For into the world we come as empty of the one as of the other, as naked in mind as we are in body. Both which necessities of man had at the first no other helps and supplies than only domestical; such as that which the Prophet implieth, saying, "Can a mother forget her child?" such as that which the Apostle mentioned, saying, "He that careth not for his own is worse than an infidel"; such as that concerning Abraham, "Abraham will command his sons and his household after him, that they keep the way of the Lord."

But neither that which we learn of ourselves nor that which others teach us can prevail, where wickedness and malice have taken deep root. If therefore when there was but as yet one only family in the world, no means of instruction human or divine could prevent effusion of blood; how could it be chosen but that when families were multiplied and increased upon earth, after separation each providing for itself, envy, strife, contention, and violence must grow amongst them? For hath not Nature furnished man with wit and valor, as it were with armor, which may be used as well unto extreme evil as good? Yea, were they not used by the rest of the world unto evil;

unto the contrary only by Seth, Enoch, and those few the rest in that line? We all make complaint of the iniquity of our times: not unjustly; for the days are evil. But compare them with those times wherein there were no civil societies, with those times wherein there was as yet no manner of public regiment established, with those times wherein there were not above eight persons righteous living upon the face of the earth; and we have surely good cause to think that God hath blessed us exceedingly, and hath made us behold most happy days.

To take away all such mutual grievances, injuries, and wrongs, there was no way but only by growing unto composition and agreement amongst themselves, by ordaining some kind of government public, and by yielding themselves subject thereunto; that unto whom they granted authority to rule and govern, by them the peace, tranquillity, and happy estate of the rest might be procured. Men always knew that when force and injury was offered they might be defenders of themselves; they knew that howsoever men may seek their own commodity, yet if this were done with injury unto others it was not to be suffered, but by all men and by all good means to be withstood; finally they knew that no man might in reason take upon him to determine his own right, and according to his own determination proceed in maintenance thereof, inasmuch as every man is towards himself and them whom he greatly affecteth partial; and therefore that strifes and troubles would be endless, except they gave their common consent all to be ordered by some whom they should agree upon: without which consent there were no reason that one man should take upon him to be lord or judge over another; because, although there be according to the opinion of some very great and judicious men a kind of natural right in the noble, wise, and virtuous, to govern them which are of servile disposition; nevertheless for manifestation of this their right, and men's more peaceable contentment on both sides, the assent of them who are to be governed seemeth necessary.

To fathers within their private families Nature hath given a supreme power; for which cause we see throughout the world even from the foundation thereof, all men have ever been taken as lords and lawful kings in their own houses. Howbeit over a whole grand multitude having no such de

pendency upon any one, and consisting of so many families as every politic society in the world doth, impossible it is that any should have complete lawful power, but by consent of men, or immediate appointment of God; because not having the natural superiority of fathers, their power must needs be either usurped, and then unlawful; or, if lawful, then either granted or consented unto by them over whom they exercise the same, else given extraordinarily from God, unto whom all the world is subject. It is no improbable opinion therefore which the arch-philosopher was of, that as the chiefest person in every household was always as it were a king, so when numbers of households joined themselves in civil society together, kings were the first kind of governors amongst them. Which is also (as it seemeth) the reason why the name of Father continued still in them, who of fathers were made rulers; as also the ancient custom of governors to do as Melchisedec, and being kings to exercise the office of priests, which fathers did at the first, grew perhaps by the same occasion.

Howbeit not this the only kind of regiment that hath been received in the world. The inconveniences of one kind have caused sundry other to be devised. So that in a word all public regiment of what kind soever seemeth evidently to have risen from deliberate advice, consultation, and composition between men, judging it convenient and behoveful; there being no impossibility in nature considered by itself, but that men might have lived without any public regiment. Howbeit, the corruption of our nature being presupposed, we may not deny but that the Law of Nature doth now require of necessity some kind of regiment; so that to bring things unto the first course they were in, and utterly to take away all kind of public government in the world, were apparently to overturn the whole world.

The case of man's nature standing therefore as it doth, some kind of regiment the Law of Nature doth require; yet the kinds thereof being many, Nature tieth not to any one, but leaveth the choice as a thing arbitrary. At the first when some certain kind of regiment was once approved, it may be that nothing was then further thought upon for the manner of governing, but all permitted unto their wisdom and discretion which were to rule; till by experience they

found this for all parts very inconvenient, so as the thing which they had devised for a remedy did indeed but increase the sore which it should have cured. They saw that to live by one man's will became the cause of all men's misery. This constrained them to come unto laws, wherein all men might see their duties beforehand, and know the penalties of transgressing them. If things be simply good or evil, and withal universally so acknowledged, there needs no new law to be made for such things. The first kind therefore of things appointed by laws human containeth whatsoever being in itself naturally good or evil, is notwithstanding more secret than that it can be discerned by every man's present conceit, without some deeper discourse and judgment. In which discourse because there is difficulty and possibility many ways to err, unless such things were set down by laws, many would be ignorant of their duties which now are not, and many that know what they should do would nevertheless dissemble it, and to excuse themselves pretend ignorance and simplicity, which now they cannot.

And because the greatest part of men are such as prefer their own private good before all things, even that good which is sensual before whatsoever is most divine; and for that the labor of doing good, together with the pleasure arising from the contrary, doth make men for the most part slower to the one and proner to the other, than that duty prescribed them by law can prevail sufficiently with them: therefore unto laws that men do make for the benefit of men it hath seemed always needful to add rewards, which may more allure unto good than any hardness deterreth from it, and punishments, which may more deter from evil than any sweetness thereto allureth. Wherein as the generality is natural, virtue rewardable, and vice punishable; so the particular determination of the reward or punishment belongeth unto them by whom laws are made. Theft is naturally punishable, but the kind of punishment is positive, and such lawful as men shall think with discretion convenient by law to appoint.

In laws, that which is natural bindeth universally, that which is positive not so. To let go those kinds of positive laws which men impose upon themselves, as by vow unto God, contract with men, or such like; somewhat it will make unto our purpose, a

little more fully to consider what things are incident unto the making of the positive laws for the government of them that live united in public society. Laws do not only teach what is good, but they enjoin it, they have in them a certain constraining force. And to constrain men unto any thing inconvenient doth seem unreasonable. Most requisite therefore it is that to devise laws which all men shall be forced to obey none but wise men be admitted. Laws are matters of principal consequence; men of common capacity and but ordinary judgment are not able (for how should they?) to discern what things are fittest for each kind and state of regiment. We cannot be ignorant how much our obedience unto laws dependeth upon this point. Let a man though never so justly oppose himself unto them that are disordered in their ways, and what one amongst them commonly doth not stomach at such contradiction, storm at reproof, and hate such as would reform them? Notwithstanding even they which brook it worst that men should tell them of their duties, when they are told the same by a law, think very well and reasonably of it. For why? They presume that the law doth speak with all indifferency; that the law hath no side-respect to their persons; that the law is as it were an oracle proceeded from wisdom and understanding.

Howbeit laws do not take their constraining force from the quality of such as devise them, but from that power which doth give them the strength of laws. That which we spake before concerning the power of government must here be applied unto the power of making laws whereby to govern; which power God hath over all: and by the natural law, whereunto he hath made all subject, the lawful power of making laws to command whole politic societies of men belongeth so properly unto the same entire societies, that for any prince or potentate of what kind soever upon earth to exercise the same of himself, and not either by express commission immediately and personally received from God, or else by authority derived at the first from their consent upon whose persons they impose laws, it is no better than mere tyranny.

Laws they are not therefore which public approbation hath not made so. But approbation not only they give who personally. declare their assent by voice, sign, or act, but also when others do it in their names

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by right originally at the least derived from them. As in parliaments, councils, and the like assemblies, although we be not personally ourselves present, notwithsanding our assent is by reason of others agents there in our behalf. And what we do by others, no reason but that it should stand as our deed, no less effectually to bind us than if ourselves had done it in person. In many things assent is given, they that give it not imagining they do so, because the manner of their assenting is not apparent. As for example, when an absolute monarch commandeth his subjects that which seemeth good in his own discretion, hath not his edict the force of a law whether they approve or dislike it? Again, that which hath been received long sithence and is by custom now established, we keep as a law which we may not transgress; yet what consent was ever thereunto sought or required at our hands?

Of this point therefore we are to note, that sith men naturally have no full and perfect power to command whole politic multitudes of men, therefore utterly without our consent we could in such sort be at no man's commandment living. And to be commanded we do consent, when that society whereof we are part hath at any time before consented, without revoking the same after by the like universal agreement. Wherefore as any man's deed past is good as long as himself continueth; so the act of a public society of men done five hundred years sithence standeth as theirs who presently are of the same societies, because corporations are immortal; we were then alive in our predecessors, and they in their successors do live still. Laws therefore human, of what kind soever, are available by consent.

4. Of the Law of Nations

Now besides that law which simply concerneth men as men, and that which belongeth unto them as they are men linked with others in some form of politic society, there is a third kind of law which toucheth all such several bodies politic, so far forth as one of them hath public commerce with another. And this third is the Law of Nations. Between men and beasts there is no possibility of sociable communion, because the well-spring of that communion is a natural delight which man hath to transfuse from himself into others, and to receive

from others into himself especially those things wherein the excellency of his kind doth most consist. The chiefest instrument of human communion therefore is speech, because thereby we impart mutually one to another the conceits of our reasonable understanding. And for that cause seeing beasts are not hereof capable, forasmuch as with them we can use no such conference, they being in degree, although above other creatures on earth to whom nature hath denied sense, yet lower than to be sociable companions of man to whom nature hath given reason; it is of Adam said that amongst the beasts "he found not for himself any meet companion." Civil society doth more content the nature of man than any private kind of solitary living, because in society this good of mutual participation is so much larger than otherwise. Herewith notwithstanding we are not satisfied, but we covet (if it might be) to have a kind of society and fellowship even with all mankind. Which thing Socrates intending to signify professed himself a citizen, not of this or that commonwealth, but of the world. And an effect of that very natural desire in us (a manifest token that we wish after a sort an universal fellowship with all men) appeareth by the wonderful delight men have, some to visit foreign countries, some to discover nations not heard of in former ages, we all to know the affairs and dealings of other people, yea to be in league of amity with them: and this not only for traffic's sake, or to the end that when many are confederated each may make other the more strong, but for such cause also as moved the Queen of Saba to visit Solomon; and in a word, because nature doth presume that how many men there are in the world, so many gods as it were there are, or at leastwise such they should be towards

men.

Touching laws which are to serve men in this behalf; even as those Laws of Reason, which (man retaining his original integrity) had been sufficient to direct each particular person in all his affairs and duties, are not sufficient but require the access of other laws, now that man and his offspring are grown thus corrupt and sinful; again, as those laws of polity and regiment, which would have served men living in public society together with that harmless disposition which then they should have had, are not able now to serve, when men's iniquity

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