Imagens das páginas
PDF
ePub

observe, that observe and do." There again is simple obedience, And St. Paul (Titus iii. 2): "Warn them that they subject themselves to princes, and to those that are in authority, and obey them." This obedience is also simple. Lastly, our Saviour Himself acknowledges, that men ought to pay such taxes as are by kings imposed, where he says, "Give to Cæsar that which is Caesar's;" and paid such taxes Himself. And that the king's word is sufficient to take anything from any subject, when there is need; and that the king is judge of that need, for He Himself, as king of the Jews, commanded His disciples to take the ass, and ass's colt, to carry Him into Jerusalem, saying (Matt. xxi. 2, 3): "Go into the village over against you, and you shall find a she-ass tied, and her colt with her; untie them, and bring them to me. And if any man ask you what you mean by it, say the Lord hath need of them and they will let them go." They will not ask whether His necessity be a sufficient title; nor whether He be judge of that necessity; but acquiesce in the will of the Lord.

[ocr errors]

To these places may be added also that of Genesis (iii. 5): "Ye shall be as gods, knowing good and evil," And (verse 11): "Who told thee that thou wast naked? hast thou eaten of the tree, of which I commanded thee thou shouldest not eat?" For the cognizance or judicature of "good" and evil," being forbidden by the name of the fruit of the tree of knowledge, as a trial of Adam's obedience; the devil to inflame the ambition of the woman, to whom that fruit already seemed beautiful, told her that by tasting it they should be as gods, knowing "good " and "evil." Whereupon having both eaten, they did indeed take upon them God's office, which is judicature of good and evil; but acquired no new ability to distinguish between them aright. And whereas it is said, that having eaten, they saw they were naked; no man hath so interpreted that place, as if they had been formerly blind, and saw not their own skins: the meaning is plain, that it was then they first judged their nakedness, wherein it was God's will to create them, to be uncomely; and by being ashamed, did tacitly censure God Himself. And thereupon God saith: "Hast thou eaten, &c.," as if He should say, doest thou that owest me obedience, take upon thee to judge of my commandments? Whereby it is clearly, though allegorically, signified that the commands of them that have the right to command, are not by their subjects to be censured nor disputed.

So that it appeareth plainly, to my understanding, both from reason and Scripture, that the sovereign power, whether placed in one man, as in monarchy, or in one assembly of men, as in popular and aristocratical commonwealths, is as great as possibly men can be imagined to make it. And though of so unlimited a power, men may fancy many evil consequences, yet the consequences of the want of it, which is perpetual war of every man against his neighbour, are much worse. The condition of man in this life shall never be without inconveniences; but there happeneth in no commonwealth any great inconvenience but what proceeds from the subject's disobedience, and breach of those covenants, from which the commonwealth has its being. And whosoever thinking sovereign power too great, will seek to make it less, must subject himself to the power that can limit it; that is to say, to a greater.

The greatest objection is, that of the practice; when men ask where and when such power has by subjects been acknowledged. But one may ask them again, when or where has there been a kingdom long free from sedition and civil war. In those nations whose commonwealths have been long-lived, and not being destroyed but by foreign war, the subjects never lid dispute of the sovereign power. But howsoever, an argument from the practice of men, that have not sifted to the bottom, and with exact reason

D 2

weighed the causes and nature of commonwealths, and suffer daily those miseries that proceed from the ignorance thereof, is invalid. For though in all places of the world men should lay the foundation of their houses on the sand, it could not thence be inferred that so it ought to be. The skill of making and maintaining commonwealths, consisteth in certain rules, as doth arithmetic and geometry; not, as tennis-play, on practice only: which rules neither poor men have the leisure, nor men that have had the leisure, have hitherto had the curiosity, or the method to find out.

[ocr errors]

CHAPTER XXI.

Of the Liberty of Subjects.

LIBERTY, or freedom," signifieth, properly, the absence of opposition; by opposition, I mean external impediments of motion; and may be applied no less to irrational and inanimate creatures than to rational. For whatsoever is so tied, or environed, as it cannot move but within a certain space, which space is determined by the opposition of some external body, we say it hath not liberty to go further. And so of all living creatures whilst they are imprisoned, or restrained, with walls or chains; and of the water whilst it is kept in by banks or vessels, that otherwise would spread itself into a larger space, we use to say, they are not at liberty to move in such manner, as without those external impediments they would. But when the impediment of motion is in the constitution of the thing itself, we use not to say, it wants the liberty, but the power to move; as when a stone lieth still, or a man is fastened to his bed by sickness.

And according to this proper and generally received meaning of the word, a "freeman, is he, that in those things, which by his strength and wit he is able to do, is not hindered to do what he has a will to. But when the words "free," and "liberty," are applied to anything but "bodies," they are abused; for that which is not subject to motion, is not subject to impediment; and therefore, when it is said for example, the way s free, no liberty of the way is signified, but of those that walk in it without stop. And when we say a gift is free, there is not meant any liberty of the gift, but of the giver, that was not bound by any law or covenant to give it. So when we "speak freely," it is not the liberty of voice, or pronunciation, but of the man, whom no law hath obliged to speak otherwise than he did. Lastly, from the use of the word free-will," no liberty can be inferred of the will, desire, or inclination, but the liberty of the man; which consisteth in this, that he finds no stop, in doing what he has the will, desire, or inclination to do.

Fear and liberty are consistent; as when a man throweth his goods into the sea for "fear" the ship should sink, he doth it nevertheless very willingly, and may refuse to do it if he will: it is therefore the action of one that was "free;" so a man sometimes pays his debt, only for "fear of imprisonment, which because nobody hindered him from detaining, was the action of a man at "liberty." And generally all actions which men do in commonwealths, for "fear" of the law, are actions which the doers had 'liberty" to omit.

"Liberty" and "necessity" are consistent, as in the water that hath not only "liberty," but a “necessity" of descending by the channel; so likewise in the actions which men voluntarily do: which, because they proceed from their will, proceed from "liberty;" and yet, because every act of

man's will, and every desire and inclination proceedeth from some cause, and that from another cause, in a continual chain, whose first link is in the hand of God the first of all causes, proceed from "necessity." So that to him that could see the connection of those causes, the "necessity" of all men's voluntary actions would appear manifest. And therefore God, that seeth and disposeth all things, seeth also that the "liberty" of man in doing what he will, is accompanied with the "necessity" of doing that which God will, and no more nor less. For though men may do many things which God does not command, nor is therefore author of them; yet they can have no passion, nor appetite to anything, of which appetite God's will is not the cause. And did not His will assure the " necessity" of man's will, and consequently of all that on man's will dependeth, the 'liberty of men would be a contradiction, and impediment to the omnipotence and "liberty " of God. And this shall suffice, as to the matter in hand, of that natural "liberty," which only is properly called "liberty."

[ocr errors]
[ocr errors]

But as men, for the attaining of peace, and conservation of themselves thereby, have made an artificial man, which we call a commonwealth; so also have they made artificial chains, called “civil laws," which they themselves, by mutual covenants, have fastened at one end, to the lips of that man, or assembly, to whom they have given the sovereign power; and at the other end to their own ears. These bonds, in their own nature but weak, may nevertheless be made to hold, by the danger, though not by the difficulty of breaking them.

In relation to these bonds only it is, that I am to speak now, of the "liberty" of "subjects." For seeing there is no commonwealth in the world, wherein there be rules enough set down for the regulating of all the actions and words of men, as being a thing impossible; it followeth necessarily, that in all kinds of actions by the laws pretermitted, men have the liberty of doing what their own reasons shall suggest, for the most profitable to themselves. For if we take liberty in the proper sense, for corporal liberty; that is to say, freedom from chains and prison; it were very absurd for men to clamour as they do for the liberty they so manifestly enjoy. Again, if we take liberty for an exemption from laws, it is no less absurd for men to demand as they do that liberty by which all other men may be masters of their lives. And yet, as absurd as it is, this is it they demand; not knowing that the laws are of no power to protect them, without a sword in the hands of a man, or men, to cause those laws o be put in execution. The liberty of a subject lieth therefore only in those things which in regulating their actions, the sovereign hath pretermitted such as is the liberty to buy and sell, and otherwise contract with one another; to choose their own abode, their own diet, their own trade of ife, and institute their children as they themselves think fit; and the like. Nevertheless we are not to understand, that by such liberty, the sovereign ower of life and death is either abolished or limited. For it has been lready shown, that nothing the sovereign representative can do to a subect, on what pretence soever, can properly be called injustice or injury; ecause every subject is author of every act the sovereign doth; so that he ever wanteth right to anything, otherwise than as he himself is the subject of od, and bound thereby to observe the laws of Nature. And therefore it ay, and doth often happen in commonwealths, that a subject may be put death by the command of the sovereign power; and yet neither do the her wrong: as when Jephtha caused his daughter to be sacrificed; in hich, and the like cases, he that so dieth, had liberty to do the action, for hich he is nevertheless without injury put to death. And the same ldeth also in a sovereign prince that putteth to death an innocent subject.

For though the action be against the law of Nature, as being contrary to equity, as was the killing of Uriah, by David; yet it was not an injury to Uriah, but to God. Not to Uriah, because the right to do what he pleased was given him by Uriah himself: and yet to God, because David was God's subject, and prohibited all iniquity by the law of Nature: which distinction, David himself, when he repented the fact, evidently confirmed, saying, "To thee only have I sinned." In the same manner the people of Athens, when they banished the most potent of their commonwealth for ten years, thought they committed no injustice; and yet they never questioned what crime he had done; but what hurt he would do: nay they commanded the banishment of they knew not whom; and every citizen bringing his oystershell into the market-place, written with the name of him he desired should be banished, without actually accusing him, sometimes banished an Aristides, for his reputation of justice; and sometimes a scurrilous jester, as Hyperbolus, to make a jest of it. And yet a man cannot say, the sovereign people of Athens wanted right to banish them; or an Athenian the liberty to jest or to be just.

The liberty, whereof there is so frequent and honourable mention in the histories and philosophy of the ancient Greeks and Romans, and in the writings and discourse of those that from them have received all their learning in the politics, is not the liberty of particular men; but the liberty of the commonwealth: which is the same with that which every man then should have, if there were no civil laws, nor commonwealth at all. And the effects of it also be the same. For as amongst masterless men there is perpetual war, of every man against his neighbour; no inheritance, to transmit to the son, nor to expect from the father; no propriety of goods, or lands; no security; but a full and absolute liberty in every particular man : so in states and commonwealths not dependent on one another, every commonwealth, not every man, has an absolute liberty to do what it shall judge, that is to say, what that man, or assembly that representeth it, shall judge most conducing to their benefit. But withal, they live in the con dition of a pepetual war, and upon the confines of battle, with their frontiers armed, and cannons planted against their neighbours round about. The Athenians and Romans were free; that is, free commonwealths: not that any particular men had the liberty to resist their own representative; but that their representative had the liberty to resist, or invade other people. There is written on the turrets of the city of Lucca, in great characters, at this day, the word "Libertas;" yet no man can thence infer, that a particular man has more liberty, or immunity from the service of the commonwealth there, than in Constantinople. Whether a commonwealth be monarchical, or popular, the freedom is still the same.

But it is an easy thing for men to be deceived by the specious name of liberty; and for want of judgment to distinguish, mistake that for their private inheritance and birthright, which is the right of the public only. And when the same error is confirmed by the authority of men in reputation for their writings on this subject, it is no wonder if it produce sedition, and change of government. In these western parts of the world, we are made to receive our opinions concerning the institution and rights of commonwealths, from Aristotle, Cicero, and other men, Greeks and Romans, that living under popular states, derived those rights, not from the principles of Nature, but transcribed them into their books, out of the practice of their own commonwealths, which were popular; as the grammarians describe the rules of language out of the practice of the time; or the rules of poetry out of the poems of Homer and Virgil. And because the Athenians were taught to keep them from desire of changing their government, that they were free men, and all that lived under monarchy were slaves; therefore Aristotle

put it down in his "Politics " (lib. 6, cap. ii.): "In democracy, 'liberty" is to be supposed: for it is commonly held, that no man is free' in any other government. And as Aristotle, so Cicero and other writers have grounded their civil doctrine on the opinions of the Romans, who were taught to hate monarchy, at first, by them that having deposed their sovereign, shared amongst them the sovereignty of Rome; and afterwards by their successors. And by reading of these Greek and Latin authors, men from their childhood have gotten a habit, under a false show of liberty, of favouring tumults, and of licentious controlling the actions of their sovereigns, and again of controlling those controllers; with the effusion of so much blood, as I think I may truly say, there was never anything so dearly bought as these western parts have bought the learning of the Greek and Latin tongues.

To come now to the particulars of the true liberty of a subject; that is to say, what are the things, which though commanded by the sovereign, he may nevertheless, without injustice, refuse to do; we are to consider what rights we pass away, when we make a commonwealth; or, which is all one, what liberty we deny ourselves, by owning all the actions, without exception, of the man, or assembly, we make our sovereign. For in the act of our "Submission," consisteth both our "obligation, and our "liberty;" which must therefore be inferred by arguments taken from thence; there being no obligation on any man, which ariseth not from some act of his own; for all men equally, are by Nature free. And because such arguments must either be drawn from the express words, I "authorize all his actions," or from the intention of him that submitteth himself to his power, which intention is to be understood by the end for which he so submitteth; the obligation and liberty of the subject, is to be derived, either from those words, or others equivalent; or else from the end of the institution of sovereignty, namely, the peace of the subjects within themselves, and their defence against a common enemy.

First therefore, seeing sovereignty by institution, is by covenant of every one to every one; and sovereignty by acquisition, by covenants of the vanquished to the victor, or child to the parent; it is manifest, that every subject has liberty in all those things, the right whereof cannot by covenant be transferred. I have shown before in the 14th chapter, that covenants, not to defend a man's own body, are void. Therefore,

If the sovereign command a man, though justly condemned, to kill, wound, or maim himself; or not to resist those that assault him; or to abstain from the use of food, air, medicine, or any other thing, without which he cannot live; yet hath that man the liberty to disobey.

If a man be interrogated by the sovereign, or his authority, concerning a rime done by himself, he is not bound, without assurance of pardon, to onfess it; because no man, as I have shown in the same chapter, can be bliged by covenant to accuse himself.

Again, the consent of a subject to sovereign power, is contained in these ords, "I authorize, or take upon me, all his actions;" in which there is > restriction at all, of his own former natural liberty: for by allowing im to "kill me," I am not bound to kill myself when he commands e. It is one thing to say, "kill me, or my fellow, if you please;" other thing to say, "I will kill myself, or my fellow." It followeth erefore, that

No man is bound by the words themselves, either to kill himself, or any her man; and consequently, that the obligation a man may sometimes ve, upon the command of the sovereign to execute any dangerous dishonourable office, dependeth not on the words of our submission; t on the intention, which is to be understood by the end thereof.

« AnteriorContinuar »