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PART IV. sertion of the public defence. Both these, they say, cannot stand together in the same person.
Review, and conclusion.
And to consider the contrariety of men's opinions, and manners, in general, it is, they say, impossible to entertain a constant civil amity with all those, with whom the business of the world constrains us to converse: which business consisteth almost in nothing else but a perpetual contention for honour, riches, and authority.
To which I answer, that these are indeed great difficulties, but not impossibilities: for by education, and discipline, they may be, and are sometimes reconciled. Judgment and fancy may have place in the same man; but by turns; as the end which he aimeth at requireth. As the Israelites in Egypt, were sometimes fastened to their labour of making bricks, and other times were ranging abroad to gather straw: so also may the judgment sometimes be fixed upon one certain consideration, and the fancy at another time wandering about the world. So also reason, and eloquence, though not perhaps in the natural sciences, yet, in the moral, may stand very well together. For wheresoever there is place for adorning and preferring of error, there is much more place for adorning and preferring of truth, if they have it to adorn. Nor is there any repugnancy between fearing the laws, and not fearing a public enemy; nor between abstaining from injury, and pardoning it in others. There is therefore no such inconsistence of human nature, with civil duties, as some think. I have known clearness of judgment, and largeness of fancy; strength of reason, and graceful elocution; a courage for the war, and a fear for the laws, and all eminently in
one man; and that was my most noble and honoured part IV. friend, Mr. Sidney Godolphin ; who hating no man, nor hated of any, was unfortunately slain in the conclusion. beginning of the late civil war, in the public quarrel, by an undiscerned and an undiscerning hand.
To the Laws of Nature, declared in Chapter xv. I would have this added, that every man is bound by nature, as much as in him lieth, to protect in war the authority, by which he is himself protected in time of peace. For he that pretendeth a right of nature to preserve his own body, cannot pretend a right of nature to destroy him, by whose strength he is preserved: it is a manifest contradiction of himself. And though this law may be drawn by consequence, from some of those that are there already mentioned; yet the times require to have it inculcated, and remembered.
And because I find by divers English books lately printed, that the civil wars have not yet sufficiently taught men in what point of time it is, that a subject becomes obliged to the conqueror; nor what is conquest; nor how it comes about, that it obliges men to obey his laws: therefore for further satisfaction of men therein, I say, the point of time, wherein a man becomes subject to a conqueror, is that point, wherein having liberty to submit to him, he consenteth, either by express words, or by other sufficient sign, to be his subject. When it is that a man hath the liberty to submit, I have showed before in the end of Chapter XXI.; namely, that for him that hath no obligation to his former sovereign but that of an ordinary subject, it is then, when the means of his life are within the guards and garrisons of the enemy; for it is then, that he
Review, and conclusion.
PART IV. hath no longer protection from him, but is protected by the adverse party for his contribution. Seeing therefore such contribution is every where, as a thing inevitable, notwithstanding it be an assistance to the enemy, esteemed lawful; a total submission, which is but an assistance to the enemy, cannot be esteemed unlawful. Besides, if a man consider that they who submit, assist the enemy but with part of their estates, whereas they that refuse, assist him with the whole, there is no reason to call their submission, or composition, an assistance; but rather a detriment to the enemy. But if a man, besides the obligation of a subject, hath taken upon him a new obligation of a soldier, then he hath not the liberty to submit to a new power, as long as the old one keeps the field, and giveth him means of subsistence, either in his armies, or garrisons for in this case, he cannot complain of want of protection, and means to live as a soldier. But when that also fails, a soldier also may seek his protection wheresoever he has most hope to have it; and may lawfully submit himself to his new master. And so much for the time when he may do it lawfully, if he will. If therefore he do it, he is undoubtedly bound to be a true subject: for a contract lawfully made, cannot lawfully be broken.
By this also a man may understand, when it is, that men may be said to be conquered; and in what the nature of conquest, and the right of a conqueror consisteth: for this submission in itself implieth them all. Conquest, is not the victory itself; but the acquisition, by victory, of a right over the persons of men. He therefore that s slain, is
overcome, but not conquered: he that is taken, PART IV. and put into prison, or chains, is not conquered, Review, and though overcome; for he is still an enemy, and conclusion. may save himself if he can: but he that upon promise of obedience, hath his life and liberty allowed him, is then conquered, and a subject; and not before. The Romans used to say, that their general had pacified such a province, that is to say, in English, conquered it; and that the country was pacified by victory, when the people of it had promised imperata facere, that is, to do what the Roman people commanded them: this was to be conquered. But this promise may be either express, or tacit: express, by promise: tacit, by other signs. As for example, a man that hath not been called to make such an express promise, because he is one whose power perhaps is not considerable; yet if he live under their protection openly, he is understood to submit himself to the government : but if he live there secretly, he is liable to anything that may be done to a spy, and enemy of the state. I say not, he does any injustice; for acts of open hostility bear not that name; but that he may be justly put to death. Likewise, if a man, when his country is conquered, be out of it, he is not conquered, nor subject: but if at his return, he submit to the government, he is bound to obey it. So that conquest, to define it, is the acquiring of the right of sovereignty by victory. Which right, is acquired in the people's submission, by which they contract with the victor, promising obedience, for life and liberty.
In Chapter XXIX, I have set down for one of the causes of the dissolutions of commonwealths, their
PART IV. imperfect generation, consisting in the want of an absolute and arbitrary legislative power; for want conclusion. whereof, the civil sovereign is fain to handle the sword of justice unconstantly, and as if it were too hot for him to hold. One reason whereof, which I have not there mentioned, is this, that they will all of them justify the war, by which their power was at first gotten, and whereon, as they think, their right dependeth, and not on the possession. As if, for example, the right of the kings of England did depend on the goodness of the cause of William the Conqueror, and upon their lineal, and directest descent from him; by which means, there would perhaps be no tie of the subjects' obedience to their sovereign at this day in all the world: wherein whilst they needlessly think to justify themselves, they justify all the successful rebellions that ambition shall at any time raise against them, and their successors. Therefore I put down for one of the most effectual seeds of the death of any state, that the conquerors require not only a submission of men's actions to them for the future, but also an approbation of all their actions past; when there is scarce a commonwealth in the world, whose beginnings can in conscience be justified.
And because the name of tyranny, signifieth nothing more, nor less, than the name of sovereignty, be it in one, or many men, saving that they that use the former word, are understood to be angry with them they call tyrants; I think the toleration of a professed hatred of tyranny, is a toleration of hatred to commonwealth in general, and another evil seed, not differing much from the former. For to the justification of the cause of a conqueror, the