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A59467 The great law of nature, or, Self-preservation examined, asserted and vindicated from Mr. Hobbes his abuses in a small discourse, part moral, part political and part religious. Shafte, J. 1673 (1673) Wing S2888; ESTC R21245 35,879 106

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which another may not pretend as well as he See Chartes in the beginning De Methodo to this purpose as to the faculties of the minde which only makes the man Seeing therefore that all men are by Nature equal in power and that measuring the power of each man we shall measure his right and title to what he lays claim to as he is in the state of Nature which is adequate and proportionate to his power according to Mr. Hobbes his Principles the power of all men being equal by Nature their right and title to all things they lay claim to must be also equal and if their right and title be equal then ought their share and parts to be equal in the said things Nature in giving them equal power declaring that they have equal right and ought to have equal portions thereof Therefore though we agree with Mr. Hobbes that every man in the stat of Nature hath right to every thing yet do we not agree that this right extends to the whole thing if there be Competitors but to a just and equal portion of it And from this Fundamental Thesis of Equality in Power amongst men in the state of Nature before the Constitution of any Commonwealth the rules men are to live by in this state of Nature may rationally be deduced As for example in those rules which are that part of the Moral Vertues which respect our Neighbours I. Seeing men are equal by Nature one man ought not to take to himself a greater liberty in his actions which respect or concern another man then he is willing another man should in his actions which respect or concern him for this would be an impugning the natural equality betwixt them in abridging the power of his Fellow and inlarging his own and consequently the other according to the rule of reason may and therefore it ought to be expected he will by force maintain and defend his own just rights Hence the Rule of Justice and Equity Do not to others what you would not they should do to you From which it is evident 1. That no man ought to take that liberty over the person of another as to affront abuse imprison hurt or kill him because he is not willing another should take the same liberty over him and this branch of Justice concerns the person and personal injuries 2. One man ought not to endeavour to abridge another of that right he hath to all things equally with himself because he is not willing he himself should be abridged in the same by another And this is the second branch of Justice which concerns the right and injoyment of things appertaining to the person of each man II. Seeing men are equal by Nature in the state of Nature one man ought not to expect any greater service as due to himself from another then he thinks due from himself to another for that were to abridge another mans liberty in making him more a servant then his Fellow contrary to the equality betwixt them and therefore according to reason he ought to expect that the other will maintain and defend his just rights by force Therefore seeing it is evident others are not obliged to do more for you then you are obliged to do for others do unto others as you would they should do unto you Hence it follows that we ought to think our selves obliged to do all good Offices for others upon every just occasion because we desire and think the same due to our selves from others and this is called Charity and these two Vertues of Justice and Charity are the grounds and the foundation and the very ligaments of all Humane Society and all Covenants or Pacts express or implicite whereby Commonwealths are constituted or one man obliges himself to another are binding as acts of natural Justice which one man ought to observe towards another according to the rules of reason grounded upon Equality and Self-preservation it being contrary to the rules of Justice for a man to infringe his faith and promise given to another whereas he himself would not another should do so to him And upon these two Laws of Justice and Charity all other Moral Vertues which respect our Neighbours are grounded and actions are esteemed vertuous or vicious good or evil as they are conformable or repugnant to these two Laws As for example to enumerate some particulars Gratitude is a point of Justice in returning kindnesses received for as you would expect that others should pay obligations of Gratitude to you upon occasion so ought you to do to others So sincerity in all your dealings and transactions with others is a point of Justice because you desire others should deal sincerely with you So to keep promise or Covenant so of Mercy where you have had just provocations and suffered injuries Charity bids you pardon because you desire to be pardoned All other Vertues respecting our Neighbours are easily reducible to the same Heads Contrary to these Laws and injurious to our Neighbours are Pride to arrogate to himself more then is due and to put too high a value upon himself and too low upon another this is injustice So of all kinde of wrong as Theft Murder Reproaches Affronts Back-biting Slandering Lying Malice Envy Hatred Cheating Dissembling c. no man being willing to suffer these things from another therefore in Natural Justice he ought not to do them to another Now there is another sort of Vertue and Vice which hath no respect to our Neighbours or not so much to them as to our selves and the measure of these with their reasons and grounds may be deduced only from the Law of Self-preservation Such is Temperance in all things that concern our selves as in eating drinking recreation study exercise either of the minde or body c. which actions are so far allowable as they are consistent with Self-preservation that is the health of our bodies and mindes and if we exceed in them so far as to prejudice our health we destroy our selves and sin against Nature or the Law of Self-preservation And as we have demonstrated that Justice Charity and Temperance with all their subordinate Species do naturally result from the consideration of these two Maximes of Equality and Self-preservation without any reference or dependancie upon a Civil Power of Commonwealth so also doth it appear of the notions of good and evil which in a Moral sense are nothing else but Vertue and Vice so that so long as men are men viz. rational beings and are acted and governed by reason they must all necessarily agree in these Notions of good and evil every vertuous action being denominated good every vicious action evil And hereby it appears that these are not things meerly arbitrary or dependant upon the mouth of the Prince or the Constitution of a Civil Government it being impossible that any Civil Power should make those actions which in themselves are good that is conducing to the general happiness of mankinde
as Justice Charity and Temperance to be evil or those things which are evil as Injustice Uncharitableness Intemperance to be good because always destructive to that happiness Therefore these are not things dependant upon the Constitution of a Commonwealth or the mouth of the Civil Magistrate but the Constitutions of all Civil Governments and Common-wealths are depending upon them and if not framed according to them must needs be ruinous and pernicious to as many as live under such Governments or the greatest part of them for without Natural Justice Charity and Temperance it is in vain to think any Civil Government can subsist the designe of all Civil Government being the execution of these Laws in order to Self-preservation there being no need of any Civil Magistrate if these Laws could be made to be observed without their help nor doth any benefit accrew to any people from their Magistrate and Government where these Laws and Rules are not observed and to exempt the Prince from the observation of them is to exempt the people who are to obey him and to reduce all things into a Chaos for these being the Laws of Reason and Self-preservation the non-observance of them is to act contrary to both and the consequence destruction And that these Laws even in statu● Naturae do oblige in foro conscientiae viz. to a desire that they should take effect Mr. Hobbes accords If then the● oblige to a desire wheresoever the en● Self-preservation and the actual exerting of that desire may consist together they certainly oblige to actual performance for whosoever is obliged to a desire that he might do a thing is certainly obliged to do it where he may do it with safety especially where with benefit and advantage to himself and others Now that the actual performance of these Laws of Nature are always consistent with Self-preservation is evident from what I have before shewn viz. that they oblige only to do that which according to the rules of right reason is most conducing to that end the actual performance whereof must needs be always requisite and therefore to say they oblige only in foro interno or to a desire is as much as to say a man is obliged always to desire Self-preservation but must not use the means to secure it And as for that Objection That the practise of Justice and Charity in a state of Nature is not the means to preserve our selves because it would expose good men as a prey to the danger lusts and passions of evil men who would observe no such Laws in their dealing towards us To this I answer That it is neither against the Law of Nature nor Reason or every man to stand upon his guard ●o be as cautious as he can and as jealous as he pleases or sees cause of those with whom the hath to deal unless he 〈◊〉 well acquainted with their disposition and temper and it is very lawful for him to put himself in a condition to de●●nd and preserve his own right but in ●o doing he must not prejudice anothers for that were to provoke and pull ●ose dangers upon himself against which he desires to secure himself for ●he Rule of Justice Do not to others what ●●u would not others should do to you ●lls every man in the state of Nature as hath been shewn that he is not to inure another And the same Rule tells ●s that whosoever dath to us an injury ●●at person thereby declares that he is willing to be looked upon as an Enemy and must in reason and Justice expect a like return of hostility for he who doth injuries ought in Justice and Equity to expect the same and cannot complain of injustice if the party injured take from him the power of doing him any further injuries even by taking away his life if in reason it appear he cannot otherwise secure his own But where more gentle proceedings are likely to take place there the rigorous are always to be avoided because more dangerous to our selves and destructive to others So that though by the rigour of Justice you may requite one injury with another yet according to the Rule of Charity you are to suffer injuries and do good for evil and forgive your Enemies because you desire when you offend others in the like manner to be favourably dealt with and forgiven your self besides it is more safe to spare an Enemy then prosecute him with the utmost rigours lest either he himself should in a desperate condition make as desperate a resistance or some others seeing your cruelty towards him should serve you the same sauce as with reason is to be expected You see therefore these Laws of Nature Justice and Charity do not binde up our hands and expose us to the abuses and injuries of others but gives us liberty to use the means according to right reason most likely to secure us But if we will foolishly conceit we cannot be safe unless we subdue all we see and make them our Vassals or will upon every slight injury or weak surmize of an intended injury do a real one this is not according to the rule of right reason most conducing to our preservation but will certainly and suddenly at some time or other be our destruction Much less ●an it be just and reasonable where there ●s no cause of fear nor danger from a man to abuse rob spoil wound hurt or kill him Now though it be certain that if men would live according to the Laws of Nature I do not mean that Nature which is common to man with Bruits but that which specifically constitutes mans Nature and distinguishes him from other inferiour Creatures viz. Right Reason for every one hath but so much of Man in him as he hath of Reason they might live happily and securely as in the Golden Age celebrated in the Fictions of the Poets of Old yet because men are acted very much by the inferiour principles of appetite and passion common also to the Beasts which are always strong and vigorous in them and because no man is absolute Master of Right Reason nor are all men in equal degree Masters thereof hence it is that generally they are swayed by passion blinded by ignorance byassed by self-love pride and conceit or interest which imperfections each man easily perceives and takes notice of in others but seldom can or will see or acknowledge in himself So that though every man in the state of Nature should agree for quietness and securities sake that each should have an equal share or proportion in all things and equal services done as required of him yet when these agreements come to be put in execution they would not agree in their accounts and calculations of the individual and just measure to be assigned to each in particular whence Contentions Strife and War arise To avoid those mischiefs and that each may enjoy what in Justice and Equity belongs to him without strife or danger Reason advises
them as the only remedy that they should chuse one or more to administer Justice and to sit as sole Arbitrator of all Causes and that they should unanimously agree to submit themselves to his or their judgment and determination in all their concerns who is by mutual Covenant to see Justice impartially executed But because such Judge or Judges so constituted cannot execute their charge without a Power able to force obedience in the disobedient and refractory it is also necessary that all agree to give to such Judge or Judges such Power as is necessary to bring Offenders to just punishment and defend the Common-wealth from violence and this Power is thus transferred to the Supreme Authority chosen viz. by Promise Covenant or Oath express or implicit to assist him or them with the hazard or life and estate to the utmost of each mans power in all things necessary for the executing Justice and defence of the Commonwealth of which necessity the Supreme Power to be Judge and not the Suject And this Supreme Power is not only to be Judge of what is just betwixt one of his Subjects and another but also of what is just betwixt himself and any of them or all of them together yet are not all his actions therefore just nor any of them just any further then they are conformable and consentaneous to the Law of Nature or Reason whereby he is obliged to assume to himself no greater liberty of Command over his Subjects Persons and Estates then is necessary for the accomplishing those ends for which he is constituted their Prince viz. execution of Justice and defence of the Commonwealth and if he assume any greater he is absolutely unjust unless that liberty be granted to him by the general consent of the people for though the people transfer to their Soveraign so much of their power and right as is necessary to execute Justice yet this Authorizing him to be Judge and obliging themselves to adhere to his Decrees doth not make those Decrees of his to be all just for then were it impossible in this sense for any Judge or Arbitrator to do an act of injustice which is contrary to what hath been already proved and therefore we conclude that when any Prince or Power in Authority Soveraign acts contrary to the Laws of Nature viz. Justice c. he doth wickedly and unreasonably in regard such actions tend to the destruction both of himself and people though for any such acts done he is not accountable to any Earthly Power for if you give his Subjects Authority to call him to account for his actions you must suppose the Commonwealth dissolved in so doing the Minister of Justice being disabled to execute his duty because under check and restraint and in the power of others And thus far we have argued only upon those principles which Mr. Hobbes makes use of and which are before the constitution of a Commonwealth both natura and tempore viz. equality amongst men and self-preservation And this I have done and shall do not because it is my own opinion that there are no other grounds or foundations of good and evil but this Principle of Self-preservation and Equality but to shew out of these Principles granted by Mr. Hobbes that those Eternal Laws of Justice Charity Temperance Reward Vertue c. which he by the same Principles seems to destroy or make the Daughters only of Civil Government are the Mothers and the Foundation of it and grounded in the very nature of man so as to oblige him to act according to them though there were no Civil Magistrate in the world or though the Magistrate positively command the contrary Now Reason will dictate to us another Principle from whence and the same Rules of Equality and Self-preservation already laid down the same things may be deduced and confirmed more strongly and effectually viz. that Justice and Injustice Right and Wrong Good and Evil are not consequents only of a Civil Government so as to leave no place for any Evasions to any man that will acknowledge that he ought to govern himself by the rules of reason and this principle is That there is a God which may be proved and is evident 1. From the order of causes in the world it being to every mans indifferent judgment that hath any apparent and clear that there must be a first cause 2. From the order and method of the Universe it self and the admirable frame of it and the Creatures therein which shews that they were not the effects of Chance but of some wise and skilful Architect 3. From the general consent of all men in all Nations and of the wisest men and greatest Masters of Reason that have been in the world and that which the most part of all and the most part of the wisest agree to at least is most probably true If therefore Reason tell us we ought to believe that there is a God the first Cause Creator and Architect of the Universe the same Reason will also tell us that whatsoever perfection we perceive in our selves or in the Universe besides we must conclude to be in the Creator and Giver in a far higher degree then in our selves or the Creatures for nothing can give to another what it hath not in it self Let us therefore consider what things we esteem the greatest perfections and excellencies Now above all others we set the highest value upon Power therefore in the first place we call God Omnipotent and attribute to him all Power and because Power without goodness may be idle or hurtful as we finde by experience in the second place we denominate him Good which we see verified in that he hath made use of his Power in creating us and giving us whatsoever we have that we can call good and also because Power without Knowledge or Wisdom may erre in its Operations therfore in the third place we denominate God Wise or Omniscient and in these three Attributes or Perfections are contained all others for he that hath Power and is thereby able to do all things and Wisdom and thereby knows what is best to be done and how best to do it being also Good we are not to doubt but that we are to expect from him all things that are the results of Power Wisdom and Goodness co-operating Hence therefore you may conclude that he is Eternal True and Just the Opposites of which viz. Finite False and Unjust are all contrary to the Attributes of Omnipotent Good and Omniscient It being thus demonstrated that every man according to the Rule of Right Reason must acknowledge that there is a God and that this being supposed we must necessarily believe that he is owner of all Perfections and that those Attributes afore-mentioned viz. Omnipotency Omnisciency and Goodness c. are the greatest perfections and therefore his and we being all by the right of Creation and Dominion his Subjects we ought according to the rule of reason to
believe that he will do Justice to every one according to his Nature and the Office of a Soveraign and therefore we ought to be careful to live according to the Laws of Justice already by reason determined which command us not to do to others what we would that others should not do to us and to do to others as we would that others should do to us For though we should in acting contrary foolishly hope to escape the ill consequences that we ought reasonably to expect we shall hereby draw upon our selves from the hands of men yet seeing there is no hope left to escape an Omnipotent and Omniscient Judge the Rule of Self-love or Self-preservation will command us not to do those things which if not most certainly yet certainly most probably will bring evil and destruction upon us from the hands either of God or men And this is argument sufficient to determine the judgment and actions of all men that resigne themselves to the Government of Reason and to those only I speak Now if any take notice that I have given a notion of God according to the notions that men have of perfection whereas I should have given a notion of perfection according to the true notion and Attributes of God it being fitter to say Whatsoever is in God is a perfection absolute and universal then to say Whatsoever is amongst men a perfection is a shadow or Character of God I answer seeing we can frame no other notion of God any otherwise then by attributing to him whatsoever we esteem according to reason most excellent and perfect Hereby it appears that it is the good pleasure of God that we should really believe him to be such as we have spoken him to be it being most reasonable we should think it his pleasure we should judge of all things and therefore of him according to those faculties he hath given us to judge by which we have done And seeing it is the will of God we should really believe him to be such as our faculties declare to us we ought also to believe that he really in his own Nature and Essence is such because the same faculties reasonably judge that he is no deceiver for that is an Attribute inconsistent with the former perfectious that constitute his Nature And thus I have demonstrated that every man ought to believe there is a God that this God is good and therefore just seeing Justice as we have shewn before is good and a good absolutely necessary and most conducible to the good estate of the Universe and therefore the presumption of him that does evil and yet hopes to escape the hands of men though it does for the most part bring him at one time or other to destruction even by the hands of men and is therefore unreasonable yet the consideration of a God being also in the way such presumption must be the greatest madness and absolutely contrary to the Rules of Self-preservation the Principles whereupon we have proceeded And seeing we have proceeded thus far upon these Principles of Self-preservation and the Equality amongst men by Nature as to deduce from thence the Laws men are to live by and the Nature of Good and Evil as to the Conceptions which man must necessarily in respect of himself frame thereof and thereby made it appear that Mr. Hobbes abuses and perverts his own Principles in order to another small Disecurse we will declare more at large not what Mr. Hobbes understands but what in reason ought to be understood and meant by the word Self-preservation lest any should conceive I intend no more thereby then barely the preserving of life or a bene esse in this life which would injure the notion I think we ought to have of it by a great mistake for whatsoever Mr. Hobbes his Opinion is concerning Self-preservation when he makes it the great Law of Nature it is manifest to any indifferent judgment that hereby ought to be intended not only the preservation of life or a bene esse in this life but a general desire that necessarily and naturally is in every rational creature whereby they wish to themselves happiness and satisfaction which may properly be called Philautia or self-love or is grounded thereupon and is infinite as desire running parallel with Eternity it self for every man doth not only naturally desire to preserve his life or to live happily in this world but to be for ever and eternally happy freed from grievous objects and conjoyned to pleasing and desirable and this I think undeniable and hence it appears that this Philautia is the Center upon which every mans actions move and finally are determined and directed it being impossible for any one indued with a rational soul rationally and intelligently to desire to be miserable or not to desire to he happy This therefore being acknowledged for the great and necessary Law of Nature it must of necessity be granted as a consequence plainly deducible from hence that that is always to be accounted best and most Eligible by each man that conduces most to that particular mans real happiness and that most of all to be accounted of by the Universal suffrage and consent of all men joyntly that is most conducing to the benefit happiness and satisfaction of all men and it is easily visible upon the observation of the whole frame of the Universe and the nature of man in particular that if we submit to the judgment and dictates of right reason each mans private happiness will be found linked together with knit and united to the happiness and felicity of the rest of his Fellows as to this life the greatest pleasures whereof are found to consist in Society and the benefits we have by the mutual commerce company and injoyment of one another And this is the reason that people desire to unite themselves in Commonwealths and under Civil or Politick Governments and a more powerful and effective reason I think then that of fear which Mr. Hobbes seems only to insist upon though I acknowledge them both to be strong motives Now seeing that a Civil Government for the reasons before alledged in our former drscourse and this last mentioned is necessary as much conducing to the better and more comfortable estate of mankinde in this life the Dispute will arise what kinde of Government is to be desired whether Monarchy Aristocracy or Democracy the common Species talked of I say that Government is most to be desired which is most conducing to the end for which it is desired which as hath been said is the safety and more pleasant comfortable living of all the men in the world and this I think no man can plausibly cavil at Consider then which of these disserent Species of Government last mentioned do most conduce to this proposed end viz. the general safety and comfortable living of all mankinde and not only of this or that particular person or some sort of men and I am much
mistaken if any man will deliberately proposing this end of Government adjudge Mr. Hobbes his Monarchical Tyranny to be such that is for all men to submit their Lives Estates and all their Concerns only to the will and pleasure of one Man and he to be Sole Proprietor and lawful disposer of them all without doing wrong or prejudice to any nay as it seems by his Principles without possibility of doing any injustice injury or evil Such an absolute power in any one mans hand is too great and unsafe unless we could suppose him always the best of men or little less then some Divinity But suppose he be or become Fool or Mad-man or get some distemper in his brain either by sickness or any other accident how shall such a one manage the Sword of Justice with an equal hand his will and desire may be the same with Caligula's that all the people of his Jurisdiction had but one Head that he might cut them all off at one blow or the like fumes of madness melancholy or extravagancy And certainly no man having the use of reason whilst he sees and knows himself and all his concerns in this life subject to the will humour and extravagancy of such a one can think he lives happily or comfortably though he yet see the threatning dark storm fall besides himself If it be urged that if we do make a King it is not possible to make him with a limited power because if there be any other power in being that can check and controul him that power is saperiour to him and therefore he but a subject to this I answer That he may have a power limited by the Rules of Natural Justice and Fquity which oblige all men Kings and others not to do wrong and limited also by positive and National Laws or express Covenants to which he may be obliged by Oath Promise or Covenant and such a limitation I only mean which is a sufficient Obligation and restraint to a good and just or any reasonable and wise Prince In an Aristocratical Government though there be not so much danger that all the Rulers may agree together to destroy or abuse their Subjects yet doth self-ends and interest carry them very often upon projects and private designes and beget Factions dangerous and of fatal consequence to the Publick A Democratical Government is most difficult to be continued some not withstanding all caution and care of prevention growing more eminent and powerful then the rest and spurred by ambition attempting the subversion or disturbance of the Government and often at last grow too powerful for the Commonwealth and change the face of the Democratical into a Monarchical Government as in the Roman Commonwealth did Caesar c. To avoid the inconveniencies of each several Species it is evident that the well compounded Government as that of England is the best under which it is most manifest that the people live the most happily I mean all sorts and degrees the Commons as well as the Lords of any Nation in the world where though there be one Monarch and the Government resembling that applauded by Mr. Hobbes yet doth he not pretend to that absolute arbitrary and unlimited power Mr. Hobbes would give his Prince the Laws and Legislative Power being not solely posited in him without the concurrence and consent of the People by their Representatives though the Execution of them only be in the King with other Royalties and Prerogatives whereby he is sufficiently inabled to do Justice amongst his Subjects and defend them against the strongest of his and their Enemies And though if you respect absolute Power abstract from Justice it is in the Kings to pervert these Laws established at least as to the execution of them yet with Justice he cannot do it nor without imminent danger to himself and his people for though Subjects ought not to take upon them to oppose and resist their Princes actions whether just or injust as hath beer said otherwise then by Petition or refusing to be the Ministers of these injust Commands and such Doctrine they ought to be well instructed in with the reasons thereof yet is it very difficult to impose this belief upon men for each man naturally thinks himself concern'd as a Subject to a higher Prince then any upon earth viz. the God and Creator of all things to maintain and uphold the Eternal Laws of that King of Kings so that where a Prince the greatest in the world doth an act of apparent wrong and injustice or which is so construed and apprehended all parties so understanding and apprehending it do thereby conceive the Majesty of that greatest King offended and consequently considering also the case to be of a general concernment and may be their own they desire and wish to see such irregularities as they conceive them re●ormed and thereupon often ingage in the quarrel unadvisedly and precipitately as being both Gods and their own private and that of all the world besides wherein to die a Martyr must meeds be Meritorious not considering that the thing which they conceive to be unjust may not withstanding be most just and reasonable and the errour not in their Prince but in their own private Opinion and Judgment and not considering that if the Prince did pervert Justice c. yet those particular acts wherein he did so would not be of so bad a consequence to the Commonwealth as the remedy they did attempt viz. a Civil War which if so then are they themselves guilty of a greater injustice in bringing greater calamities upon a Nation to avoid the lesser and what greater calamity can be then such a War Now the Constitution of the Commonwealth of England is such that besides the old Laws approved by many Ages of experience no new Laws binde the people which are not or have not been ratified by their own consent The King therefore that is to Rule according to those Laws wi●● certainly be more cautious in observing that they be put in execution then ● he were left at liberty and unconfined● and his own Imperial Commands or E●dicts were only and singly to be accounted Law the diversity betwixt such a Government as this of ours and such a Tyrannical Government a● Mr. Hobbes speaks of being this i● ours the people can say We have agreed and submitted to such and such Laws and no other and by these we desire to be ruled and if you govern or handl● us otherwise you do us apparent wrong and let God and your own Conscience judge betwixt us and you● whether you observe as you are obliged by the mutual Covenants and Engagements betwixt us and you But in these absolute Monarchical Tyrannies there is no such mutual compacts or agreements betwixt the Soveraig● and the People no positive Laws but the Princes Command or Edict and the people agreeing or having agreed to be subject to such a kinde of Government have no other will then that ●f their
to be absolutely Tyrannical yet de facto they are not so For in the first place each of these Countries hath its Religion established and certain besides Customes which arbitrarily to alter is not in the power of any the greatest Princes amongst them Secondly though the Princes may according to the Custumes of some of those Countries by their high Prerogative and without infringing any positive Laws take away the estate or life of any the greatest Subject without any legal proceeding or good cause shewn or real guilt contrary to the Laws here with us and so often do yet is it not in their power to change the Souls of men and make them approve and like well of such injustice and wrong Hence it is that further then their absolute power maintain'd by the strength of a Military force will uphold them to exercise these Tyrannical actions they neither can nor dare do them but the awe of the Souldiery whose interest such Princes have commonly linked with their own arbitrary Dominion and whose advantage usually arises out of the oppression o● the people and the custom whereby the people have been inured to such subjection makes many such oppressions and tyrannies to pass with less opposition or disturbance But then is not this Prince so arbitrary in his Government as is supposed for he can do nothing but what shall be liked and approved of by his Army or Souldiery with whom he must always carry fair oblige gratifie and please them and even they further then their own interest doth byass and incline them will never be drawn to countenance and maintain open injustice injury and oppression and the Prince is himself in the power of these by whose power he tyrannizes over his people and that it is so is often experienced they casting him off upon any displeasure conceived and setting up who they please But by reason it hath been usual with the Subjects of such Princes to be thus tyrannized over being well acquainted with the irregular proceedings of their Prince and the power of his Armies and having no established Laws but his will nor no pretence of any Law to defend them or interpose against such wrongs but only extrema necessitas or Lex Natur● they are content to bear much and much more then will those people who being inured to another manner of Government and having positive established Laws do no less impatiently indure the breach or infringement of those their Countries Laws and priviledges though but lightly touching their estates persons or conveniencies then the others do the greatest extremities of tyranny and oppression Hence it is that in such Tyrannical Governments the Prince having inured the people to suffer a far greater measure of wrong hardship and slavery then in some other places they have been acquainted withal may with more safety and less danger of provoking them continue the same then another Prince commanding a freer people and better acquainted with more liberty and good usage may reduce them to suffer from him a far lighter measure of injustice which if a good Prince he will never desire to do nor attempt if a bad I see not why any man should desire that he should finde an easie and uninterrupted path to help to go more chearfully and with greater facility to the execution of his bad designes in oppressing and grinding his people and making their lives unpleasant and uncomfortable Yet if any man could convince me that the people were made only for the Prince and not the Princes for the people I could perhaps be more easily induced to think that every thing that made the way more plain and open for the more absolute Dominion of the Prince and the most absolute slavery of the Subject were to be made a part of our Creed But this is a Doctrine no well-advised man methinks should ever desire to set on foot nor no wise or good Prince would ever make any use of his peoples greatest assurance of a happy estate under his Government being his own greatest glory and content And though he himself may be good and therefore need no restrictive Laws to limit him his actions yet he knows not what his Successors may prove or how fit or unfit to be trusted with so great and arbitrary a power and therefore is well contented to give the people all the security he can which may be consistent with his and their safety for injoying themselves and their estates in the best manner that Subjects can be capable of without desiring that all should be arbitrary and depend only upon the will and fancy of him that shall sit in the Roval Seat which is that which Mr. Hobbes will needs make Essential to it For saith he in his Book de Cive The rules of good and evil just and unjust honest and dishanest are Civil Laws and therefore what the Law-giver commands is to be taken for good what he forbids for evil And again Before Empires there was no such thing as just or unjust therefore lawful Kings make those things which they command just by commanding of them and what they forbid by forbidding of them they make them injust and a Subject cannot sin in obeying his Prince If this should be all taken for Gospel by all the world as Mr. Hobbes would have it there needs no more then the Succession of a bad Prince or two in each several Nation to destroy the Generation of Mankinde from off the earth What brave sport would some of those Roman Emperours as Nero Caligula c. have made if all their Subjects would have been so exactly obedient to their Commands Yet in some cases Mr. Hobbes will allow the Subject to deny obedience to his Prince For saith he soon after We must not obey the Prince if he command us to dish●●our God or not to worship him for to dishonour him or not to worship him can be by none understood for any manner of worship Nor had any one before the Constitution of a Civil Government the Right to deny honour due to God and therefore could not transfer such Right upon the Civil Power Well then Mr. Hobbes grants the Law-giver is not always to be obeyed When is it then lawful to disobey saith Mr. Hobbes When he commands us directly to dishonour God or not to worship him And why may we not dishonour God or not worship him Sure I think for no other cause but because it is directly contrary to the light of Reason Therefore by consequence whensoever the Law-giver commands us any thing directly concrary to the light of Reason we are no obliged to obey according to Mr. Hobbes his Concession and such are all Commands contrary to the Laws of Nature viz. Justice Charity Temperance c. as hath been shewn But Mr. Hobbes will say such Commands must be directly contrary to the Light of Reason and not by consequence only I will not trouble my self with the meaning of this distinction but affirm
that whatsoever is by a clear consequence contrary is directly contrary to reason and even according to Mr. Hobbes the Subject in this case is necessarily to be Judge himself whether the thing be directly contrary to reason or not which is commanded And whereas Mr. Hobbes saith That no man before the Constitution of a Civil Government had the right to deny honour due to God and therefore could not transfer such right upon the Civil Magistrate and therefore may deny obedience I have likewise already proved that before the Constitution of a Civil Government these Laws of Nature Justice Charity and Temperance were obligatory and no man had any right to break them or dispence with them and therefore neither in these cases could transfer any such right upon the Civil Magistrate But sure Mr. Hobbes had forgot his definition of the Law of Nature when he said We must not obey the Prince if he command us to dishonour God For a Prince may command such a thing on penalty of life and then the very Law of Nature gives us a right to save our lives which is with him Suprema Lex Having thus spoke to the concerns of men in respect of this life let us look a little or rather a great way further that is to his concerns after this life is ended to all Eternity and by the same principle whereby actions relating to our present estate are guided and directed by the same is that also viz. Philautia self-love or self-preservation taken in a more liberal sense for God himself hath made that the great business of every intelligent rational being as hath been before intimated and by his infinite and gracious wisdom and goodness hath made those actions which most conduce to that end of self-preservation to be the same with what his own Eternal and also late Laws have appointed and directed to be done So that insisting in that path and closely pursuing that end we shall infallibly please our great Creator and do those things which are consonant and agreeable to his will and his very Nature and Essence as we ought to believe for seeing he is good infinitely and wise infinitely out of his infinite goodness and wisdom he hath conjoyned our interest with our duty for certainly we could never have thought that goodness in God according to the notion we necessarily frame to our selves of goodness which should have made our interest inconsistent with his will and where in endeavouring our own felicity we should have crossed his Laws Therefore as hath been said we ought to believe that God out of his wisdom and goodness hath closely conjoyned and united our interest happiness and felicity to all Eternity with his own glory his good will and pleasure his own Eternal Laws of goodness and wisdom which then we shall be sure most closely to pursue and follow when we most closely pursue our own interest our own real happiness and felicity and this being granted confirms and establishes those fore-mentioned Laws of Justice Charity and Temperance c. without which it is impossible for men to live securely or comfortably in this life without which there can be no Civil Society and without which the Generation of Mankinde must of necessity in short time be destroyed and perish from off the earth Therefore it ought to be concluded by all that Justice Charity and Temperance c. are things in themselves absolutely good because absolutely requisite and necessary both to our well being and the very being of all future Generations and so strictly to be observed even according to the Law of Nature and whatsoever Religion or Opinion crosses or impugnes these Laws confutes it self This being proved before let 's consider what Religion ought to be established in a Common wealth for though Justice Charity and Temperance and some other Vertues be granted to make a necessary part of it yet may other matters be admitted no less necessary in some respects so as they be not inconsistent with these and herein are men at a great loss and a mighty stir is made in the world and not without reason for seeing Religion is that which respects our eternal happiness and well being no wise man but will think himself therein more concern'd then in all the comforts and conveniencies of this short life so as he will rather chuse to lose all those benefits and advantages together with life it self then lose himself eternally Now certainly that Religion which hath the best foundation in Reason and Authority to ground it selt upon ●●●ght by any reasonable man to be chosen and that the Christian Religion is such hath sufficiently been proved by the Learned Pens and Arguments of many great and wise men and that it is not only consistent with but strictly injoyns the observation of those great Laws of Justice Charity and Temperance c. we all know and acknowledge And that the holy Scriptures of the Old and New Testament are the Books wherein this Religion of ours is fully comprehended and taught or at least that all that is in them comprehended is true and authentick is generally agreed to by most that profess Christianity only the several Comments upon the Text the various Expositions of men who differ in their Opinions and Judgments is the great occasion of that confusion that is amongst us and the great differences about Religions all pretending to ground their Tenents upon equal Authorities of Scripture for where it is agreed on all hands that the concerns of the life which is to come are to be preferred before this present as being of infinite greater and larger consequence because relating to our eternal good or bad estate Hence it is most clear and evident that according to the Laws and Rules of Self-love or Self-preservation every man is obliged to do those things that may assure or secure unto him his future everlasting happiness and for no consideration regard or respect of any temporary or transitory pain penalty pleasure or profit to lose or hazard the loss of himself as to his future estate And although according to the same Laws he ought only to pursue those steps that lead directly towards this end of a future eternal happiness without treading awry or erring to the right hand or the left yet because no man is infallible but each one subject to many failings and errours in point of judgment as well as otherwise all that can be done is only for every man to do that which in his own judgment and reason he shall conceive the aptest means to this end praying Gods assistance and to him referring the event and the dictates and determinations of this judgment and reason of his is that which he calls his Conscience which though certainly in many things erronious and mistaken yet seeing that to him it appears otherwise he must needs think himself obliged to observe and pursue the resolutions thereof and therefore looking still upon the End Eternal
Conscience let all the Laws of the World Humane or Divine say what they will for that hath only the power and influence to work upon a mans Conscience which he himself conceives to be Law Hence it is manifest that every man in the world that hath any regard to Religion or a future estate will desire Liberty of Conscience that is that he may do any thing that in his own private judgment and Opinion he conceives the aptest means to attain a future Eternal happiness and as far as such a future happiness is to be preferred above temporary transitory things so far will he think himself obliged by that Principle of Self-love to prefer the free exercise of his Religion the means to this happiness before life it self or all the concerns of life But in the mean time each man I think will grant that in reason he ought to consider others as equal with himself and that according to the Eternal Laws of Justice and Charity as he desires a Liberty of Conscience for himself he ought to allow the same Liberty of Conscience to all other men who for the same reasons and upon as good grounds as he viz. upon the account of their Eternal Estate think themselves and are as much as he also obliged to follow the suggestions of their own consciences or judgments in order to attain that great proposed end of Felicity This being granted the consequence thereof must of necessity be a dissolution of all Civil Government where the consciences of men as in these present times do put them upon such different ways and means of accomplishing this proposed end as are absolutely inconsistent and cannot be allowed without interfering and crossing one another both in principles and practise But however if you will have Liberty of Conscience granted to any then certainly the Supreme Authority of the Nation must not be deprived of this Liberty which every private man doth contend for and thinks of right to belong to himself This certainly were great injustice and wrong yet this being once allowed there is no more liberty left for any Subject other then what is consistent with that of the Publick But you will say the publick Authority ought to take such a course as every man may have his liberty at least so far as is consistent with the Civil Government I grant it but then must the publick Authority be Judge in this case viz. what Liberty may be or is consistent with the Civil Government and not every private person Moreover seeing the Supreme Magistrate is to have Liberty of Conscience which I think cannot with reason be denied so far as is consistent with the Laws of the Land and the Religion by them established Let us suppose as we well may and ought that he thinks himself obliged in Duty and Conscience in point of Justice and Charity to take no less care for the future then present good estate of his people Hence it will necessarily follow that he ought to use all lawful means to suppress all Religions Sects and Opinions which he conceives to be Heretical and Erronious and contrary to the National established way of Worship and what in him lies to propagate that which he himself conceives to be the true and unto the observance and defence whereof he is not only by his private Conscience but publick Ingagement obliged For he who sees another man in his Opinion blinde and going directly upon a Pit or Precipice where he shall be sure to pitch upon his own death is very much too blame if he do not hinder him from running thus foolishly to destruction though the other party exclaim against him because he will not suffer him to go forward upon a certain death How much more then shall he fail in point of Charity and Duty who seeing men run upon their own Eternal death by slipping into Errours and Heresies shall not indeavour to relieve and recal them or at least hinder them from drawing the rest of mankinde after them into the same Gulphs of misery and perdition by suppressing and hindring the growth and propagation of these Errours more especially where bearing the Soveraign Power that Office lays a duty and obligation upon him by his particular relation to his Subjects to be careful of all their concerns And hereby it appears that whosoever will set up for Liberty of Conscience for himself seeing he can in Justice and equity do no less then allow that liberty to others as well as desire it for himself and consequently to the Soveraign Magistrate this man immediately and ipso facto hereby deprives himself of all liberty more then what the Law of the Land will allow him for the Conscience of the Magistrate injoyning him to be as careful of the Souls of his Subjects and their future estates as of their bodies and their temporal welfare he can do no less according to Conscience then use the means and power that is in his hands according to the Laws of the Land to suppress all Religions but the true one that is that which he himself as Supreme Head hath judged so to be by obliging himself to defend and conserve the same according to the Laws of the Land And if you will exclaim against him for doing so it is without any reason For having allowed the Proposition that every man ought to have Liberty of Conscience and by his Conscience to regulate his actions you ought not to accuse him who assumes this liberty of acting according to his Conscience though it impugnes yours for to say he acts not according to his Conscience or that his Conscience is erronious or wicked and therefore not to be a rule to others is to take upon you in the first case to know that which only God can know the heart of man or in the second to presume to make your own Conscience the Standard of Truth to measure anothers by So that the liberty you contend for is only a liberty to set up and idolize your own judgment and fancy above all the world besides And hereby it is evident that Liberty of Conscience other then what is allowed by the National or Civil Power or Authority is not a thing to be desired or if taken will certainly dissolve and bring to ruine all Civil Government and that man who cannot with a safe conscience submit to the Government in being whether in a Kingdom or any other Species of Government I think his wisest way were to go to some such place or Country where he may freely injoy his own way of worship and if no such can be found then let him again consider what kinde of Religion he hath gotten that drives him from the society of mankinde But for every man to think himself highly wronged because he may not be suffered to set up a Religion according to his own fancy or conscience is to offer the greatest wrong to all his Fellows who may with as much Justice lay claim
Prince it being the same a● if hey had said We submit our wills to our will and our selves to be wholly overned according to your discretion do ● us what to you seems good we and all we have are yours and you may di●ose of us and ours as you think fit and ●nvenient your only Edicts and Com●ands shall be the absolute Laws to which we willingly submit our selves and which shall be by us inviolable This is the nature of Mr. Hobbes his Monarchical Tyranny Now let any national man judge whether the Prince whose power as to the just measure of ●● and how far it ought lawfully to be extended is known and determined and cannot without notorious injustice and breach of Covenant be inlarged will not be more cantious in using the ●● me according to moderation and discretion and containing himself within the Sphere and extent of Justice and ●quity then he who may according ●o the Laws of the Kingdom and Government and without seeming wrong ●r injustice to his people by reason of their consent to his Arbitrary Government do what seems most agreeable with his own fancies however extravagant and destructive to his people● in the first case the sense of the apparent injustice opens his eyes to the danger of such actions and restrains his irregular designes in the latter no fault is committed the people by the Laws of the Land can justly complain of or the Prince by any Law but Divine or natural Equity and Conscience know to be a fault and therefore I confess no such pretence of Insurrection or disobedience to the people nor sense of injury to them done in the Prince But it is most certainly true that with all bad Princes the fear of bringing mischief upon themselves from their wronged and thereby provoked and at last inraged people is a great safety and the best Shield of the people to protect and secure them from violence and injustice And when the Prince is by express Laws by Oath and Covenant with his people positively bound to the observation of their established known Laws which without the general consent of the people are unalterable Surely matters being thus reduced to a certainty as to ●he method and Laws of Government and Justice the people will even in the Princes own judgment much sooner apprehend and disgust irregular and ●njust proceedings having a constant Standard to measure them by then when all is referred only to the Princes will and pleasure where quod libet li●et quod licet aequum est and the Prince though he vie with all the Records of History for all forts of Tyranny and Oppression yet must be thought to do ●o evil or at least no wrong to his poor Subjects and this apprehension and doubt of the bad consequences which will probably insue upon such Tyrannical actions is a great check to Tyranny And though the Doctrine be admitted most certainly true that for no reason whatsoever any Subject ought to take up Arms or wage War against his Prince no not to preserve his own life which yet Mr. Hobbes allows of yet will this give no security at all to the Tyrannical Governour for but sew men in the world busie their brains to search out and apprehend the true reasons of things as they ought or are capable of so doing and fewer will be content to sit still and suffer wrongfully as they conceive where there is good hopes of defending and vindicating themselves from wrong let the wrong-doer be what he will The number of those that will be dissatisfied with the just and lawful proceedings of a just Prince doth often over-power their Fellows who are good and loyal-hearted Subjects as woful experience doth often teach how much more ought it to be expected that when the Prince doth contrary to Justice and the established Laws abuse and Tyrannize over his Subjects the number of the prudent Loyal and lovers of peace should be much inferiour to the number of Male-contents and Mutineers And hence the danger arises that so often overtakes the Tyranny even of lawful Princes and Governours and the fear that the Prince must necessarily stand in of falling by the number of his irritated and provoked Subjects who conceive themselves wronged by him will always put some restraint upon his extravagancy and Tyranny let him be never so wicked if he have but such an indifferent measure of prudence or consideration as to respect his own safety and estate so that the peoples sense of wrong doth often conduce much to the securing them from much oppression under wicked Princes as it doth often also bring great iniseries and asslictions upon them under both good and bad Princes To restrain which natural propensity that all men have of revenging themselves even upon their Princes and Governours though with the hazard of a whole Nation where it lies in their power for an injury done or conceived to be done to them or theirs though by their Prince it is very reasonable and necessary that the Laws should be so severe as they are against Rebels and disturbers of the Peace and yet for all this all to little to curb the exuberancy of this disease for though good effects may sometimes be the result of unlawful and irregular actings yet such actings ought not therefore to be allowed or approved because such effects are but accidental and not naturally incident to them besides w● must not do evil that good may insue● but it seems a secret of Gods Providential contrivance as in many other like cases so in this that the sins of the Prince as Tyranny c. should be punished by the sins of his people as Rebellion c. and so vice versa the Rebellious humour of the people to be punished by the heavy hand of the● Prince or some other Usmping Tyrant Therefore I say where the Law are made and established and thing reduced to as great a certainty as is possible as to what is just or unjust lawful and unlawful both in respect ●● Subject and Prince and one Subject and another though the interpretation ●● these Laws and the execution of them be left solely to the Prince yet is there much more hopes the people may injoy some benefit of these Laws then where there are no Laws so established but all is left to the will and discretion o● the Prince to make new or revoke old or do what he list for a Prince tha● will pervert these Laws after they are so established and he sworn to the observation of them What would the same Prince do if there were no such Laws at all to stand in the way of his will and desire certainly be much more Irregular Tyrannical and Exorbitant Suppose the Kings of England had been all actually Kings of France or of the Turkish Empire to Rule there according to the Custom of those Countries do you think those Countries of France and the Nations under the Dominion of the Turk should have