« PreviousContinue »
A REVIEW, AND CONCLUSION.
From the contrariety of some of the natural facul- Part IV. ties of the mind, one to another, as also of one
Review, and passion to another, and from their reference to conclusion. conversation, there has been an argument taken, to infer an impossibility that any one man should be sufficiently disposed to all sorts of civil duty. The severity of judgment, they say, makes men censorious, and unapt to pardon the errors and infirmities of other men: and on the other side, celerity of fancy, makes the thoughts less steady than is necessary, to discern exactly between right and wrong. Again, in all deliberations, and in all pleadings, the faculty of solid reasoning is necessary: for without it, the resolutions of men are rash, and their sentences unjust : and yet if there be not powerful eloquence, which procureth attention and consent, the effect of reason will be little. But these are contrary faculties; the former being grounded upon principles of truth; the other upon opinions already received, true or false; and upon the passions and interests of men, which are different, and mutable.
And amongst the passions, courage, (by which I mean the contempt of wounds, and violent death) inclineth men to private revenges, and sometimes to endeavour the unsettling of the public peace: and timorousness, many times disposeth to the de
PART IV. sertion of the public defence. Both these, they say,
cannot stand together in the same person. Review, and
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,
Review, and 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