The Sovereign Power of Parliaments and Kingdoms, Part 1 · Floating text

The Sovereign Power of Parliaments and Kingdoms · Part 1 · Floating text

p. 48Lib. 1. cap 13 pag. 92. &c.

Although, I say, there be no cause of warre from nature, yet there are causes for which we undertake warre by the conduct of nature; as is the aaCl…. 2. de Sent.cause of Defence, and when warre is undertaken, because something is denied to to be granted, which nature it selfe affords, and therefore because the Law of nature is violated, Warre is undertaken. We say there is a three fold Defence, one Necessary, another Profitable, a third Honest; yet wee shall deeme them all Necessary. bbBal 3. cons. 458. & S. cons. 405He who defends himselfe, is said to be necessitated, neither will Baldus have us distinguish, whether he defend himselfe, his goods, or those under his charge, whether neere, or remote; His defence is necessary,ccClar▪ §. H… micidium. and done for necessary defence, against whom an armed enemy comes, and his against whom an enemy prepares himselfe: and to such a one the sameddBal, ad. d. l. 32. loc. I… s. Dec. l. ut Vim Baldus truly teacheth, ayde is due by compact, whom others likewise approveeeAp. Mitr.. This warre we may say, was anciently undertaken against Mithridates, and against his great preparations. Neither ought wise men to expect, till he had professed himselfe an enemy, but to looke more into his deeds, then words: Thus whiles we say necessity, we speake not properly, but we understand, that necessity which is not rare in humane affaires, and hath wont to bee called neede: which yet precisely is not that true necessity, &c.ffPhil. de Principe. It is a most unjust conflict, where the one side being agent, the other is onelyonly patient. There is a just defence, and slaying, although the slayer might flee without danger, and so save himselfe, whether the slayer who defends himselfe be of that condition, that it would be a disgrace to him to flee, or whether it would be no disgrace.ggClra. §. homicidium. Which opinions are received in the causes of private men; and to mee are much more approved in publike causes.hhL. 3. de Iust. l. 4 adle. Aq. Ceph. cons. 721 Defence even in Bruites is a Law of nature:iiCic. 2. Iuci. 121 fa. 3. it is perswaded and constituted in us, not by opinion, but by a certaine imbred faculty: and it is a necessary Law; for what is there (saith Cicero) that can be done against force, without force? This is the most approved above all Lawes. kkc. 3. de se exc. c. 18 de Homicid.All Lawes, all Rights permit to repell force with force. llAmmia 2…There is one Law and that perpetuall, to defend safety by all meanes. mmCic. pro Milo.All meanes are honest of preserving safety: this, reason to the Learued, necessity to Barbarians, cust…me to Nat…ons, nature it selfe to wilde Beasts, hath prescribed; and this is no written, but borne, or native Law. Likewise, to defend our Estates, is a necessary defence, and this is a just cause of defending, if wee bee assaulted by …arre, though wee our selves have demerited the warre: which things others, and Paulus Cas…ensis have taught. And it will follow p. 49and adde this reason; because the Law or Force of warre is not en…ed by …btaining the things first demanded; but walkes according to the conquerers pleasure. nnAug 19. con. Fav.Who is content to repay so much revenge onelyonly as he hath received wrong? saith Augustine, and all know it. This arbitrary power all not subdued may justly decline, and therefore defend themselves against it with Armes. Witnesses,ooIason. l. 15. l. de in re. Iudges who are enemies are repelled, although they against whom they proceed gave the cause of the enmity.ppCon. rig. peccatum. p. 2. §. 9. To one in Armes he gives all things who denies just things: said Caesar. Neither doe we heare make question of that blamelesse moderation, where there is no superior. These things therefore are avoyded: and therefore the cause of Romulus shall be said right to me, who defended himselfe by war against the invading Sabines, albeit he had given them cause of warre and offence, by the rape of their women. qqBodin. 5. de Rep. 5.The force of necessity is so great, when men are pressed with Armes, that those things which are unjust may s…me most just; as Bodin well,rrLivie l. 8. warre is just, to whom it is necessary; & pia arma, quibus nulla nisi in armis relinquitur spes: and Armes are pious to those to whom no hope is left but in Armes. Extreame necessity is exempted from all Law. And yet I restraine not the present definition, to extreame necessity, or take extreame according to the condition of mens affaires: for be it so, let it be no necessitie, which may be no necessity; Romulus might have avoyded warre by restoring the ravished women; yet he might likewise defend himselfe against the enemies even soone after marching against him. I stay not in this definition: for that is a question belonging to Citizens.**Costr. l. 1. de Iust. He who being banished may be hurt without danger, yet he may defend himselfe.

CHAP. XIIII. De utili Defensione:

He proceedes thus,

I Call that a profitable defence, when we move warre, fearing least we our selves should be warred upon:ssPater. l. 2. no man is sooner oppressed then he which feares nothing, and security is the most frequent beginning of calamity. This first. Next, we ought not to expect present force, it is more safe if we meete that which is Future. There is more hope and more courage in him that infers force, then in him who repels it: he hath more courage who inferres danger, then he who repulseth it,ttLiu. 21… 28. Livy and Vigetius: if the enemie should once prevent,uuVeget. l. 3. all things are disturbed with feare; it behoves them therefore (saithxxHist. l. 5. Nicephorus, an historian of no contemptible authority) who would live without danger, to meete with, and prevent impendent evills, and not to delay or expect, that thou mayst revenge the received injury with danger, if for the present thou maist cut out the root of the growing plant, and suppr…sse the endeavours of an enemie who thinkes ill. AndyyD…m. l. ad Arifleg. Suidas, yea Demosthenes; warre is not to be delayed but urged, least being first injured, we be compelled to repulse force.**Dio. l. 45. This (as the Latin De n…sthenes Cicer… saith) is likewise a disgrace, that if thou mayst prevent future thou wouldest rather redresse Present evils. That rude youth likewise (so hath nature it selfe prescribed this Law)zzTerent. 4. Eunu. 6. I would rather looke to our selves, then I would be revenged having received injury:aaPhilo. de spe. Leg. But Philo most excellently, that we presently slay a serpent at the first sight, although he hath not hurt us; nor perchance will hurt us; so carefull are we of our selves before he move himselfe. Am I not over-tedious to thee in naming these Authors, which yet are none of ours? But the consent of various and many authors is great reason, &c. Neither yet omit I, p. 50things held in lieu of proverbes, and therefore prove much what they signifie. bbPers. Sat. 3. Ovid. 2. de Art. Horat. ad Loll. Ep. 1.Meete the approaching disease. Withstand beginnings; else medicines are provided overlate. Neglected fires are wont to g…t strength. Behold something out of the Authors of Law:ccC. lib. 2. Tit. 41. l ul. l. Tit. 27. l. 1. & C. T. de Sica. l. 1. It is better to keepe Lawes unviolated, then afterwards to seeke remedy. ddBald. 4. cons. 111 Ias. l. 3. de Iust.It is lawfull to prevent: One providing to offend, I offend lawfully; and others of this nature, which are more defined to humanity, and approved by mens judgements. eeBal. 1. Cons. 369. 4. 312. Alex. 2. 144, Cla. §. Homicidium, Zas. l. ut vim.No man ought to expose himselfe to danger: no man ought to expect himselfe to be smitten or slaine unlesse he be a foole. We ought to meete the offence not onelyonly which is in act, but that likewise which is in possibility to act. Force is to be repelled and propulsed with force; therefore not to be expected; in which expectation there are also both other the foresaid certaine evils, and that likewise which is mentioned in the causes of private men, least perchance by giving the first stroke we be slaine; or lest we yeeld by flying, and be oppressed lying downe. But not to flye is to repell force: all these things are cleare, and tried, and most apt to warlike tractates. What followes, hath some doubt, when the thing may seeme to come to that passe, that we must now run to this profitable defence.ffDec. Cons. 603. A just cause of feare is required, suspition is not sufficient. Nowggp. l. 5. 6. quod met. can. a just feare is defined, a feare of a greater evill, and such as may deservedly happen unto a constant man. But here in this great cause of Kingdomes, a feare that no dammage should happen although not very great, or if there be an evident cause of feare although the danger be not true,ggDe dame… iinf. l. 27. loc. but the cause onelyonly of feare just, is sufficient: but not when a man feares that he ought not, &c. But concerning prevention there are notable things iniiGell. l. 7. c. 3. Gellius. In all things to be taken heed of, there is not the same cause; neither in the affaires and actions and Offices of humane life; or of taking, or deferring, or revenging, or bereaving. To a gladiator, ready to fight this lot of fight is propounded; either to slay, if he shall prevaile, or to beslaine if he shall give over. But the life of man is not circumscribed with such unjust untamed necessities, that therefore thou oughtest first to doe the injury, which unlesse thou shalt doe, thou mayest suffer. And Cicero; kkCic. pro tu. Quict…. 5. c. 13who hath ever enacted this, or to whom can it be granted without the greatest perill of all men, that he might lawfully slay him, of whom he might say he hath beene afraid, lest he himselfe might be slaine afterward by him? yet rightly, notwithstanding, the Mitileins against the Athenians. llThucid. l. 3.If we seeme injurious to any, if we have first failed, not tarrying …till wee might plainely know, if they would doe us any hurt: he doth not rightly consider… for if we had beene of equall power, we m…ght safely lay ambushes for them againe, and we might delay: then he should speake truth: but since they have alwayes wit… them a power of hurting, it beseemed us to have this power, that we might anticipate a defence. Why againe doe we aske for Bartolusses, or Baldusses with whose bare names we might rest satisfied? and yet doe not more esteeme the defence of a most noble Republick, yea of Thucidides, a most noble man, and the sentence of a most wise man fortified with reason? And seeing there may not be one probable cause of feare, and generally nothing can be defined concerning it, here we shall onelyonly say, that it hath alwayes beene very considerable, and at this day, and hereafter it is to be considered, that potent and ambitious Princes may be resisted, for they being contented with no bounds will at last sometime or other invade the fortunes of all men.mmZonarus. Thus the Romans move warre against Ph…lip, lest Greece being subdued, he should first make warre upon them. ThusnnPausanias, …. Lysimachus, when D…metrius had gotten the Kingdome, fearing p. 51least he should provoke him, first moved warre, for he knew that Demetrius had it from his father, alwayes to thinke of promoting the Empire. Thus theooHero lib. 7. Lacedemonian Embassadors, move the King of Sicily to warre, because all the rest of the Graecians being overcome by Persa, he might in like manner stirre up ware against the Siculi: Men say, by helping us thou maist defend thy selfe. Thus theppXenop. 5. Graec. Lacaedemonians themselves, perswaded by the Acanthu tooke up warre against the Olynthii: who by conquering their neighbours every where, and proceeding alwayes to further parts, they made no end of warres and of encreasing their dominion. Thus the qqLiv. lib. 7.Campani for the Fidicini against the Samnites, and they say. We have fought in word for the Fidicini, in deed for our selves: when we saw a neighboring people, to be set upon by the wicked plundering of the Samnites: and when the Fidicini had beene inflamed, that fire would h…reafter be transferred upon us: which also rrThuc. lib. 6.Herm… crates a just man of Syracuse doth any of us thinke, that a neighbour further off being already overcome the calamity will not come upon him also? ThusssSalu. frag. Perseus, thus Metridates did move and call in others against the power of the Romans: for neither are occasions of warre wanting to those that aspire to the Empire, and now they are hated for their power. Which thingttDion lib. … Appius somewhere saith to those his Romans; and it appeares most true; for by ayding their confederates and friends, presently they got the Empire of the whole world. But to omit these manifold examples, which even uuBod. 5. de rep. ult.others have thus noted, and which do thus declare to us the Law of Nations, which we seeke; might not all men most justly withstand the Turke on that side, and the Span…a…d on this, meditating dominion every where and plotting it? for indeed the Turke wrongs not many, nor yet the Spaniard, neither can the one or other doe it; but they both doe injury to some, and he that doth wrong to one, threatens many: shall warres themselves be expected? we have heard of the Turkes before, and we all see it: if any one discernes it not of the Spaniards; xxP Sy…he may heare of P. Iovius, that the nature of these are both impotent and greedy of bearing rule; and when they have once crept in, endeavour alwayes by all meanes to attaine the highest power. yyIou. lib. 1.Therefore we ought to resist; and it is zzAri. 5. pol.better to beware that men encrease not too much in power, then to seeke remedy afterward against the mighty. aaHier. Epi. 2.While the enemie is little, kill him. Wickednesse lest Tares grow, is to be crushed in the seed. Why are not these sayings of Hierome pertinent even here? We cannot joyntly resist a common danger: bbBal. 2. cons. 2. 6. 6.a common feare unites even those that are most divided and furthest off: and that by the instinct of nature, and ourccDion l. 6. Baldus teacheth out of Aristotle; This is the reason of Empyres, that they may not hurt; as he, whosoever he was, said wel in Dionysius, and nothing more true, and uttered as it were from an Oracle,**Ovid. 5. Fast. Posse nocere sat eft; Quodque potestalios perde…e, perde prior. In the judgement of Bodin: ddPlut. Pomp.It is sufficient to have power to hurt, and that which can destroy others, dee thou destroy first: as aptly here the witty Poet; and truly it is very grievous, that we may possibly suffer an injury although we doe not suffer it: aseeBal. 2. cons. 195. 202. Plutarch speaketh: and ffAp…l. de …und.Baldus, that it is lawfull to use meanes for resistance: nor ought it to be in the power of an adversary to hurt us if he would: and that we ought to consider, that which hurteth, and that which can hurt. Even the continuing of concord among the elements is this, byggPolit. 4. Ep. 1 Guic. lib. 1. equall proportion, and while in none, one is subdued of the other: ^• And this is that, which that most wise, most desirous of peace, and father of peace, Laurencius Medices procured alwayes, that the affaires of the Italian Princes should be balanced with equall weights, whence both Italy might have peace, which both p. 52it had whiles he lived, and was the preserver of this temper; and which peace ceased when he deceased, and that temperature. The great off-spring of Medices, was a great safegard both to his owne City and the rest of Italy: doth he not as yet indeavour this, that one should not be able to doe all things, and all Europe come under the command of one? unlesse some be able to resist the Spanyard, Europe will certainely fall.iiAns. E…log. If any will pull a middle stone out of the wall, upon which all relies, the rest being carried together will follow.hhPolyb. lib. 2. No, this must never be permitted, that the dominion of any should grow so great, as neither to doubt before so much as of most manifest injustice, which Polybius saith, and saith againe: whence Hero therefore ayded the Carthaginians against the Mercenaries, least the Carthaginians being oppressed, the Romans should be able to doe all things. ThusiiLi…. l. 42. Livie of the diverse conceits of men upon the war of the Romans, and Perseus, that some favored him, some them, but there was a third part, the best and most prudent, who would have neither part to becom… more powerfull, the other oppressed, for so themselves should be in the best condition, alwayes protecting them from the injuries of the other: And these things ing…niously, Marcus Cato for the Rhodians: who thorow hatred to the Romans, kkGellius l. 7. …. 3.by their good will at least, or wishes had favoured Perseus, They would not that we should have conquered the King: but also many other people, and many Nations; and partly not for reproach sake, but because they feared, that if there were no man whom we stood in awe of we might doe what we list, and every one of us, if any thinke any thing to be attempted against his owne estate, doth even with his strength contrarily endeavour that it be not attempted against him. This the Embassador of Persius had thus discussed before the Rhodians, that they ought to endeavour, that the right and power of all things be not devolved to one people. Cato adds, that their will ought not to be punished so much, because it ought to be discerned more certainely.llDion. l. 38. Caesar doth not contradict, who thus disputes of raising of warre against King Ari…vistus, that he ought to be punished before he became great, or should doe any evill, even because he had a thought to doe them hurt. Neither ought this to be understood of the naked thought, and bare will; but of that which hath assumed the Act, declared in another**L. 225. d. … 8. place; that King was now fearefull to the Romans in France, and his Armes threatned danger: Caesar therfore wisely and justly thought that there was no further delay to be made, but that he might restraine Armes with Armes. ThennIou. l. 34. Switzers lately very wisely, that they will favour neither the French nor Emperor, but would keepe a league with them both, until their Armies should not be hurtful to the Helveti… Common-wealth. But I conclude, the defence is just which prevents dangers already meditated of, already prepared; and also not thought upon, but very likely, possible: yet neither this last simply; or would I call it just, to endeavour this war, as soone as ever any should be made too potent; which I doe not affirme. For what if any Princes power should be increased by successions, by elections; wilt thou trouble him with warre, because his power may be dangerous to thee? Another thing therefore must be added concerning Iustice. We will adde to others, who what they have thought of a just war, attend.

p. 53CHAP. XV. of Honest Defence.

IT remaines to speake of honest defence, which is undertaken without any feare of danger to us, sought for no want of our owne, for no profit, but onelyonly for other mens sakes,aaL… 3. de ju… & ju. and it resteth upon this foundation, that (as Marcus Tullius saith) nature hath ordained among men affinity, and love, and good will, and the bond of good will, and that the law of nations is placed in the society of men, which therefore is called by Cicero also,bbCic. 3. de fi. Civill. ccPlut. de Vi. Alex…Thus Verilie the Stoickes would have the City of the whole world to be one, and all men to be commoners, and townesmen; and like one Heard feeding together in a Common ground.ddNiceph. g…. li. 4. All this that thou beholdest, wherein heavenly and earthly things are contained, is one; and we are members of one great body, and the world it selfe is oneeeS…n. ep. 96. body. But Nature hath made u… allyed, seeing she hath begotten us of the same, and in the same, also endewed us with mutuall love, and hath made us …ociable.eeSen. ep. 96. And this our societie is most like the joyning of stones, in a wall; which would fall, if the stones did not withstand, and uphold one another, as Seneca excellently; and which asffGel. lib 6. Gellius, consisteth, upholden as it were, with a mutuall contrariety and support.ggHor. ad I…. ep. 1. This is the desagreeing concord of things, as Horace speakes, and we also before… And now thou hearest that all the world is one body, and all men are members of this one body, and thou hearest the world to be an house, and to be a City; which heare againe, for they are beautifull. The world is the greatest house of things, thus V…rro. hhSen… ult▪ ben.Man is a sociable creature, and being … for the good of all, lookes upon the world as one house: thus Seneca … …, the world it a Common-wealth,iiLact. de ira. Dei. c. 10. having one forme of … one Law;kkPhi. Iose Philo, there is one Commonwealth of all and a common … llc▪ Apol M …ct.Tertullian, Minutius, and also in Aristotle, There is one great City: what an ha…ony is here of wise men? Adde touching Society that of Cicero; mmAris…. de mu….Society in the largest extent, (which though it be often sayd we must repeate more often) is of men towards men, nnCic. 3. de offic Lael.more inward, of those that are of the same Countrey; ne… rer of those that are of the sane City: and in another place: We are so borne that there may be a c…rtaine Societie betweene all; but greater as any one is nearer: Citizens are better than strangers; kindred …ha… Forriners. And thus dothooAug 19. de civ. Augustine note there soci…ti…s; the first of the houshold, the second of the City, the third of the world, and saith, all the Nations in the world are joyned together by humane societie. But what is this society and conjunction? Among the good there is as it were a necessary benevolence, which spring of friendship, is constituted of nature; but that same goodnesse belongs also to the multitude; for vertue is not inhumane, nor cruell, nor proud, which will not looke upon all people, writeth Cicero; andppAmbr…. de off. 3 Ambrose, the law of nature bindes us to all charity; that one should beare with another, as members of one body: and so alsoqqBal … de prido. Baldus, we are borne for our own▪ and for strangers by the bond of Charity: those that say, care ought to be had of Citizens, deny it of strangers, these men take away community and society of mankinde. Also Cicero: whichrrLact. 6 instir. 6 Lactantius both citeth and hath approved. And the same Cicero. ssCi. c. 7. A…t. 2.It is a filthy opinion of them,ttArist. 1. pol. & Psal. 107. 122.Ps 107:122 who referre all things to themselves, filthy indeede, for man is p. 54borne for society, and it is hisuuGal. 6. &1. petr. 4.Gal 6 duty to helpe others, and not live to himselfe onelyonly: and for this cause Cicero condemned the Philosophers, because while they lacked one kinde of justice, and (asxxHier. Ep. 14 another holy man writes) fulfilled indeede the greatest part of equity, not to hurt any, they offended against the other, because they forsooke the society of life, and so forsooke this part of justice, to profit when thou canst;yyClaud. 4. cons. He. Dost thou not see how the world it selfe, the most beautifull of all workes doth binde it selfe with love? we arezzRom. cons. 4…0. bound by the Law of nature (so sayes the interpreter of the Law) to be profitable every way: and theaaDec. cons. 469 not l. 3. l. 5. de just. same men deliver an equall defence of their owne and of strangers, but specially of confederates, from whom we must keepe off an injury; and that this defence is both of divine and humane law.bbPlat. 9. de leg. Plato thinkes, he ought to be punished that keepes not back an injury offered to another. Now that which Plato and these Interpreters say of private Citizens we may very well apply to Princes and people: for what reason there is of a private man in a private City, there is the same in the publicke and universall City of the world, of a publique Citizen, that is, of a Prince, of the people of a Prince:ccBal. 2. cons. 195. As a private man hath relation to a private man, so a Prince to a Prince, saith Baldus, ddSen. 1. 2. de Ira.A man is a Citizen to a man in the greater City, and borne for mutuall succour saith Seneca. And because we are one body, if one member will hurt another member, it is meete the others should helpe that which is hurt, because it concerneth the whole, even that which hurteth, that the whole be preserved. So men should helpe men, for society cannot be preserved, but by the love and safety of the people.eeXiphil. Vespatian cannot be approved who denies ayde, I know not to whom, upon this pretence, because the care of other mens affaires appertained not to him: for what good man is there who doth nothing but for his owne sake?ffCic. 7. fa. 12. Cicero againe, even toggProcop. 2. pers. Lazius King of Persia, that he is not therefore just, because he doth nothing unjustly, unlesse also he defended the unjustly oppressed; and by that meanes they obtained helpe, and bands of Souldiers against the Romans: for it is not a strange thing amongst men for a man to defend the estates and safety of men.hhCicer. pro Quin. Cicero had said the same; he should have respect if not of the man, yet of humanity, which is due to every one from every one, for this very cause, because they are equally men: and humane nature the common mother of all men commends one man to another,iiIust. Ge. an. …. It is a noble example of the barbarous King of Mauritania: who, when he heard that his enemie Alfonse, king of Castile, was pressed and almost oppressed by the Armies of his sonne, hee sent a hughe masse of gold unto Alfonso, he himselfe went over with a great Armie of Souldiers into Spaine, judging it a most unworthy thing that his Sonne should expell his Father from his Kingdome; adding withall, that the victory obtained, he would be an enemie againe unto the same Alfonso. What? doe I feare the Barbarians, enemies also, and bringing gifts? That the deed of an enemy should be taken in the worst sence? dothkkL. 6. de Ex Guiccardine say truth; that these things are not done of any but in hope of some profit? The saying of Guicciardine is dispraised by noble Mountaygn in those his Noble examples? I demand of what right it is? It is a question, if any be bound by Law to defend another, when he can? and they seeme commonly to deny this, and thellLib. 21. de he. vel. ac. ve. Law sometimes saith, that we may without offence neglect other mens affaires: but our proper question is; if any can thus justly defend another? mmCastr. l. 2. de just. Al. 7. 17. 27 Clar. f. q 87. & Homicidium: De cons. 678.wherein no man denieth just defence, even for the defence of a stranger it is lawfull to kill another, by the opinion which is approved of all Doctors:nnLib. 6. de app. Ias. l 3. de iu. Dec. cons. 691. Ceph. 712 …uia. 20. obs. 20. yea, the defence p. 55of him is approved, that neglects to defend himselfe, yea that refuseth to be defended by another, whether a friend defend him or another, even an enemie: and thus it is called the rule of humanity, and soooL. 39. dene. ge. 1. segq. a benefit to be conferred often times upon the unwilling. So also there be many other definitions. Also they conclude by an argument, not firme enough that way, in another quest…on: that a man may take money for defending another, which he should receive dishonestly, if he were bound to defend him by law: for may not a servant get a reward from him whom yet notwithstanding he might not neglect without punishment? neither is it dishonestly given nor dishonestly taken, in way of thankefulnesse.ppL 5. quis. ma ad li per. Pla. 9. de leg. So it is not ill taken of a Citizen from a Citie, nor by a sonne from a father: for truely it is manifest, tha… many things cannot be done without offence; and therefore if done they are worthy of rewards, yet not of punishment, if they be not done. Againe, somethings on the contrary neglected, indeed contract offence, but reformed they merit not glory, so Bernard: to which I adde a meane, that there be some things which being neglected contract offence, and fulfilled deserve reward. qqIas. d. l. 3. Eug. cons. 86.But also even in the Court of conscience they will have a man to be bound to defend a man.rrBal. l. ul. c. de ju. deimp. But conscience is the will of a good man, yea of the best: but they deliver this also even in the way of honesty: and we follow honesty here, and that arbiterment:ssAlc. l. cons. 27. Mol. ad Dec. l. 3. de reg. but both in Civill and Canon Law, against the rest Bartolus inclines thus: Albericus, Igneus, Decius, Alc…atus, Molineus, so teach: andttBal. 4. cons. 111. l. 1. …. de ser. fug. Baldus elegantly, that it is a fault to omit the defence of another; of himselfe, a treachery: which also in another place he determines. Pla…o is also of this mind: and thus alsouuEccle. 4.Eccl 4 Siracides: free him to whom injury is done, out of the hand of the injuri…us. I also am of the same minde, especially, if, which the forenamed interpreters adde, defence be not made with the danger of the defender.xxBal. l. 1. de of. pr. vi. For no man is bound to put himselfe in danger; no man is bound so to assist against a fire.yyNic. Cal. 7. his. 19. Otherwise thou hearest Constantine say, that they which live by the rule of Gods Law, account an injury done to another, to be their owne. Behold that thus also he ayded the Romans against Maxentius. Heare againe Baldus his Lawyer, he that defends not, nor resists an injury,zzCic. 2. deoff. is as well in fault, as he that forsakes his parents, or friends, or Country: and if these be true in private men, how much more will they be in Princes? These mutually call themselves Cosens, Cosen-germans, Brothers. They are so much the more true in Princes, by how much if a private man defend not a private man, the majestrate remaines, that can both revenge the wrongs, and repaire the losses of private men, but there is none can peece up the injuries and hurts of Princes, but the same Prince, who after had rather apply a medicine to the evill, than hinder at the first that evill be not done. These things are true, but that also you may hold withaaBal l. 10. 10. c. de op. le. Baldus that although these were not true out of Philosophie of judgements, which is of things nec…ssary: the… ar… c…tainely true from Philosophie of manners: which consists of things persw…d…d, which Philos…phie also we follow in this whole …reatise. The Philosophie of Iudgements▪ permits a man to neglect even himselfe, as Baldus writes, and if besides, as it falls out almost alwayes, another speciall cause be joyned to this generall rule of honesty, it may come neerer to justice. Let the opinion verily be true for me, that this cause of honesty alone, perch…ce hath never m…ved any man to that honest defence. bbGuic. lib. 2.Guicciardines mouth sayd truely, no Prince will make warre for Pe…ant, unlesse perswaded w…h desire of his owne gaine: yet that is ignominous to Princes and sa…ours not of justice: but I had rather concurre with Leo the Philosopher. We know p. 56very few to keepe true love, for its sake alone to be stirred up to succour those that are intangled in misery, but on the contrary side, that the number is very great of those that for hope of getting any thing, come to helpe the unworthy: which is a more mild saying, and I thinke more true. But I seeke another thing, it is compleate justice which defends the weake: soddAnbr. 1 de off. 27. c. 5. 23. q. 3. Ambrose, and the Canon Law, and I seeke for that Iustice. The Romans also joyn…d this cause with others by which they were moved often times to make warre:eeD…on …ol. de legis. the defence of the Lucans (saith Dionysius) was the manifest cause of the Samnitic all warre, which might have a shew of honesty, as common, and a Nationall custome of the Romans to ayde those that fled unto them: but the secret cause which did more urge, was the power of the Samnites was great, and greater would it have beene, if the Lucans had beene subdued, so the reason of profit lyes hid: and therefore seemes not so good, as it is honest: and yet we call profitable also, good and just, and the one is made just by the other: therefore what if they be deare unto us whom we should defend?ffl. 5. qui ex ca. in po. ea. Vlpianus saith, that for love and friendship, for no other reason defence ought not to be omitted. The defence of those that ought to be deare unto us, is from nature, witnesse M. Tullius. What, if our allies and confederates?ggAmb. de off. He that keepes not of an injurie from his fellow when he can, is as well in fault, as he that doth it. Am…rose, andhhLiv. 31. 34. even we our selves are hurt when our fellowes are hurt: as in Livie. ii…. de Repub. ult.Iohn Bodin judgeth amisse, that an ally and a confederate is not bound to helpe his fellow, if there be no caution of helpe in the league; and the contrary is now shewed by us, and also shall be shewed in the third booke.kkPlut. Apoph. What if they be of the same stocke and blood? Agesilaus made warre against the Persians, that he might bring the Greekes of Asia into liberty. And the pettie Kings ofllIov. l. 23. Germanie by an old custome of the Nation, thinke it an haynous offence, not to be assistant to those that implore mutuall helpe: although there is there besides a certaine body of a Common-wealth: as it is reported long since, that there was of the Achai. What if of the same Religion?mmOros. l. 5. c. 2. Nations are joyned together by the tye of Religion, more than either by the communion of another law, or contract of a league: and therefore if we implore nature by communion, the law of Nations by covenant, the Common-wealth by lawes, by common Religion (the most powerfull thing of all) we implore the bowels of men and of the holy One, who is the head of that communion.nnProcop. 1… Pers. & Call. l. 17. c. 57. So there was warre with the Persians, because their fugitives were not delivered them, and they were not delivered by the Romans, who would not dispise the humble professors with them of the same religion, who fled from the Persian cruelty. Thus Iustinus answered the Persian, that he could not but receive those of the Christian Religion, falling away to him from the Persian, who compelled them to forsake Christian Religion.ooAlc. l. 38. §. Sacra. de V. O. And our writers doe thus resolve, that warre may be made if any converted to Christian Religion, should be oppressed by their Lords, and that for the right of society contracted from conversion. What if neighbours? ppCic. pro Planc.for what? had I not very many, very just tyes of familiarity, of neighbourhood of country, of friendship to defend Plancus? saith Cicero. And here is our case. ^q We are in danger if our neighbours house be on fire, for if fire have fiercely taken hold of some houses, they will hardly be defended but that the next houses will be burnt, which was elsewhere in Salust, and now in Ovid. ^s Fire that is neere is hardly kept off from houses: it is good that we abstaine from neere adjoyned places: which verses are proverbiall in this thing; and proverbes adde some credit. This notes something p. 57that as it is lawfull to pull our neighbours house downe, least the fire should come to us: and that question of axxDecia. Cons. 651. house infected is the same, although touching this it is answered contrary:yyLevit. 14.Lev 14 Yet the House infected with Leprosie was pull'd downe. zzL. 29. ubi gl… de l. Aq:And in many cases it is so, that we may doe ill to others, that it be not ill with us. We must beware of all contagion, especially of our neighbours: the ill contagions of a neighbouring People are hurtfull.aaIbo. l. 1. The Romans (saith Florus) as a certaine infection ranne over all, and taking in all the neerest people, brought all Italy under them, and whatsoever Dominion they had.bbEccl. 22.Sir 22 Before fire is the vapour and smoake of the Chimney, Syracides also. So we see smoake from our neighbours fire, and will we not runne and put out the fire where it is? It isccC. 6 de se. exe 6. Evg con 9… written againe, that it is lawfull for any to helpe his neighbour against an injury, yea, he seemes to be partaker of a fault, who doth not ayde his deadly foe, even speaking against help, nor yet desiring it. Concerning which I have noted before, and will note further in the Chapter following.

CHAP. XVI. Of ayding Subjects that are Strangers against their Lord.

I Demand, if wee may justly defend Subjects also that are Strangers against their Lord? What if their cause also be unjust?aaLib. 1. de Offi. 13. Ambrose noteth those three gods, Iupiter, Neptune, and Pluto, have thus Articulated, lest upon their intrenching on one anothers jurisdiction, they might make Warre among themselves: they should not usurpe the rule of the Sea, &c.bbE…ri. Hip. They say likewise, that we gods have this Law, none of us will crosse the desire of him that willeth, but wee yeeld alwaies one to another. Which being the fictions of very wise men, are applyed unto Princes of the earth. But even without any circumstance at all, the Corinthians speake thus to the Athenians: ccThuc. l. 1…We doe plainely deny that any is forbidden to punish his ow…e: for if thou shalt defend those that have offended, even your owne Subjects will defend themselves from you. Yet I thinke not Subjects of other men are altogether strangers from that neerensse of nature, and union of Society, you doe also cut off the unity of mankinde, whereby life is sustained, as excelently dd4. de Benes.Seneca. And if we make not Princes lawlesse, tyed to no Lawes nor Conditions; It is necessary, that there be some to admonish them of their duty, and may hold them fast bound; which reason I expounded in the second Booke of Embassies. Neither will I heere infer any confusion of kingdomes, or any inspection of one Prince over another Prince: neither doe I suffer those things to bee distinguished, which are most firmely glued together by nature, I meane, that kinred with all, among all. Neither here otherwise may one Prince have inspection over another Prince, but such as may happen by every other Warre, wherein one Prince carries himselfe as a judge both of himselfe, and of another. If a question were among private men, it were most unjust to goe to a Forraigne Prince about it. Also if there arise a difference betweene a private man and his Soveraigne, there are Magistrates appointed which may be sought unto. But when the controversie is touching the Common-wealth, there neither are, nor can be any judges in the City. I call that a publike matter, when such, and so great a part of p. 58the Subiects is moved, that now there is need of Warre against those that defend themselves by Warre. And as if those should come into part of the Principality of the publike, and are Peeres to the Prince, who can doe so much as hee.eeCeph. 612… Even as one King is said to be equall to another, who can resist another offering wrong, however greater, and more powerfull; although I say not these things of the Subjects themselves, unlesse it be in respect of Forraigne Princes, which will ayde the Subject against their Soveraigne, and who can ayde them no otherwise then in a controversie, as I have expounded, of the Common-wealth.ffCou. R…g…. Pocca. par. p. 9. Bod. l. 2. de Rep. c. 5. & l. 5. cult. Cic. 3. de Off. And indeede, if the Subjects be used more cruelly and unjustly, this opinion of defending is approved even of others, who both bring that laudable example of Hercules, the Lord of Tyrants and Monsters. There is also the example of Constantine, who ayded the Romans against Maxentius, as I noted before.ggBal. lib. 4. c. de iust. & subst. We defend Sonnes against injust Fathers. Adde now those golden Sayings ofhhSen. ult. de Benef. Seneca. That being cut off, whatsoever it was, whereby he did cleave unto me, the Society of humane right is cut off. If he doe not impugne my Countrey, but is burdensome to his owne, and being bannished my Countrey doth vexe his owne, yet so great naughtinesse of minde hath cut him off: although it maketh him not an enemy, yet hatefull unto mee. And the reason of the duty which I owe unto mankinde, is both more precious, and more powerfull with me, then that which I owne to one single man. Thus verily; or else we make all men forreigners to all Princes, if we determine that they can doe according to their pleasure and lust. Now what if the cause of the Subject be unjust? The foresaid Authors deny, that men ought to ayde uniust Forraigne Subjects, least any by so ayding introduce the same Law into his owne Kingdome, which the Corinthians did before. Yea,iiE…h. 5. 9 Caesar. … de si c. 4. Aristotle thinkes, that neither a wicked Father is to be loved nor assisted with helpe. But this is false of a Father, as I taught in a certaine Disputation, perhaps it is more true, that those may be defended of us by war, who are unjust. For if it be a just warre which is to repulse a wrong, although they that repulse an injury, have given occasion to the warre: the same it seemes may be determined in the defence of others, even of Subjects, for the same reason. Surely there is that iniquity in Warre, that it will make the same man to pronounce law to himselfe in his owne cause, or verily willing to pronounce it. VponUpon which pretence another Prince may bring ayde on the contrary side, that things may more civelly be composed without warre. And this is that whichkkPl…. Pyrth. Pyrrhus did when he came to ayde the Tarentines against the Romanes; he admonished them first, that they would by their owne endeavour put an end to the Controversie; although neither the Romans would not unjustly hearken unto the King; or because they might deservedly suspect him, as being sent for by enemies, armed with enemies, ready to fight for enemies, and of kinne to enemies.llCr…u. cons 224. Ceph. 57 Bal l▪ 1, de ser. fug. Hee that stands armed with another, is said to bring helpe and ayde unto him; neither is there neede to proove any thing against that at all. Even he that armes himselfe, is beleeved to thinke upon warre, AndmmAlex 7. cons. 2. c…ph. 721. if he that is the friend of an enemie bee excluded from being a witnesse, much more from being a Iudge.nnlas. l. 16 de Iurisd. Cic. pro Com. Ceph 750. For it is easier, if any be received for a witnesse then a Iudge;ooL. 47. de re iul …8. C. de …. The friend of my enemy is not presently ment my enemy, as neither my friends friend is my friend; but there is a great suspition of them both, and of the friend of an enemy the more. But I returne to the question. ppLeo…nou. 103We are bound both to defend justly unjust Sonnes against the cruelty of a p. 59Father, or Servants against the cruelty of a Master; and we laudably indeavour that by fury (here is Warre) no not wicked men should be chastened and punished, for fury and warre have no measure.qqL. 5. Bal l. 4. C. de ser. Cor. And he that led by humanity or pitty, or any other approved and just cause, hath received another mans Servant, is not bound by the Statute of a corrupt Servant, and that reception is accompted in the nature of good, &c.rrPlut. qu… nutr. li. Hi…o. cp. 9. Even he is commended, who being angry with his servants committed them to be punished by another, this commendation being added, because he himselfe was angry. Therefore a good Prince will have the Liberty of rage against his own Subjects to be taken from him, being angry, as a good Father, as a good Master, and he will alwaies judge, That Kingdomes were not made for Kings, but Kings for Kingdomes, which is most true. This also of Plato availeth, that we ought to use Eloquence, chiefely to accuse our friends, to whom it is the best, thus to be drawn from future evils. And so I thinke that we may defend unjust Forreigne Subjects, yet to this end onelyonly, for the keeping off immoderate cruelty and too severe punishment: ssAlex l. …0, Sol. mu.Seeing it is not inhumane to doe good to those that have offended. Yet I dare affirme, that this reason of bringing helpe doth seldome stand alone, but that another of necessity and profit may be pretended, or truely shewn, as is said before. Behold now is the greatest question: If the English have justly ayded the Hollanders because their cause was unjust, & the Hollanders were even now Subjects to the Spaniards? both which notwithstanding are false. It was said, that a Warre was to bee undertaken upon that occasion, that a good Peace might be obtained of the Spaniard, which otherwise, as is thought, could not have beene had:ttCels. l. 5. de iust. And so truly Warre is lawfully undertaken, as uuCels. 3. c. 9 Hypp. de loc. in hom.our men alledge: And the most wise reason of the Physicians maketh for it, That if any Feaver be slow which holds the body, and which yeelds to no cure, then the Disease is to be changed, yea, to bee augmented and heightned. For when it doth not receive cure for the present as it is, it may receive that cure which is future. But even Warre might have beene undertaken without that evill of an unfaithfull Peace. As there be many bonds of neerenesse between the English and the Hollander: the ancient friendship with the Dukes of Burgondy, the familiarity of these people, and the old Consanguinity; all the rest, which are noted at the end of the former Chapter. And therefore with Cicero, xxCic. prosyThey thinke not that the nocent are not to be defended, if they be the friends of a good man. Adde one thing of great moment, that the Hollanders overcome in Warre, should altogether change their condition, and we see it in the conquered part, being for the most part, cast downe from their ancient Liberty, and for the most part oppressed with Garrisons, are governed now onelyonly at the pleasure of the Prince. But this our Neighbours cannot endure.yyl. 3. de ho. …. ex. Neither is any other forbidden to favour Libertie. ButzzL. 54. de Leg. it much behoveth Neighbours to have a Neighbour. aaNat. … Alex cons. 197.For if one man hath neede of another man, what shall we say that one Neighbour is to another, saithaaNat. … Alex cons. 197. Pindarus, andbbBal l. 9. C. de P. 1. in …. 7. Callimac…us: Ill Neighbours are odious to mee, andccHeb. Apoph. 1. c. 3. some wise Hebrew, The worst of all diseases is an ill Neighbour: And another of the same Nation, Woe to the wicked, and woe to his Neighbour. And where mayddHes. 1. op. op. Morall Fables be silent?eeFaer. 1. c. 7 An evill neighbourhood is like a mis-fortune; The vicinity of great Men is alwaies to bee shunned of the weaker; ffAlc. Emb. 164. Plut. Euth.Good men receive good things from good Neighbours, and evill Men, evill things, &c. So * Plato, ggPlu. Apoph.and so Th…mistocl…s; When hee …old a pi…ce of ground, …ee p. 60commanded the Crier to Proclaime, that it had a good Neighbour: WhichhhL. 33. de con. em. Interpreters note, to the Law. And there bee many things of the same kinde. Wherefore neither if these neighbouring Subjects would change their condition, neither if by reason of a fault committed against their owne King, they be compelled to alter it, is another Neighbouring Prince compelled to suffer it, to whom neither another mans will nor offence ought to bring damage. TheiiCom. Pii. 2. li. 19. Venetian Embassadors when they interceded for Sigismund of Maltesta, to Pope Pius the second, they spake even this, that Neighbouring Princes would not have another Neighbour, whom furthermore they knew not, what he might hereafter be. And you may note, that Sigismond held Townes from the Church, and for his committed offences, he ought worthily to lose them. Perhaps some will doubt, whether these things be true in private mens causes.kk26. de da. inf. Alex. 2. 174. For a private man seemes to have power to doe with his owne what he list, if it bee profitable to himselfe, and hurt not another. Yet these things bee true thus in the causes of Empires. For Princes ought to take heed for the future, that another if he will, may not yet be able to hurt another, which is expounded in the Treatise of Profitable defence. llL. 1. de aq. pl. L. 8. si. se. ui. Bal. 4. cons. 396.But even that rule, that it is lawfull for any to doe what he list with his owne, holds not otherwise; then if the condition of a Neighbour bee made neither worse nor more grievous thereby: although it be true that no man may take care of the gaine, which his Neighbour made, and which was owing to him by no obligation. But even security, and a certaine singular conjunction of love from a Neighbour, is due to Empires: Now this we know, what things are taken away when Neighbours are changed.mmArist. 3 … pol. And the same people is not the same that they were, if the Common-wealth be not the same that it was. For it is not lawfull (I say againe) to doe all things with the Subjects; for that is not lawfull with the Subjects which would be a hurt, and a danger to those that are no Subjects. It is not lawfull to make Fortes in his owne Land,nnBal. 5. Cons. 409. which may be terrible to those that are not his, as you shall heare in the third Booke. Therefore neither is it lawfull to doe with his owne, that which may be a terrour to others.ooBal. q. Cons. 396. How ever these are called equivalent, to doe in his own place, and towards his own Subjects. Whether if my Neighbour should place in his House Gunnes, and other things against my House, may I neither be carefull for my selfe, nor stirre against my Neighbour? Thus, thus were Preparations made in Holland; and that great Noble man, Leicester, very wisely foresaw, that the defence of the Hollanders, was very wholesome and necessary for the Common-wealth, and he perswaded it to be undertaken, ppLyp.least if the Spaniards should break through that Pale of Europe, as then very wisely Iustus Lipsius, called it there should remaine no obstacle at all to their cruelty. And thus farre of Warre Defensive.

Thus, and much more this our learned Professor of the Civill Law, Albericus Gentilis; whose words I have thus largely transcribed; because they not onelyonly abundantly justifie the lawfulnesse of the Parliaments present Defensive Warre in point of Law, and their Ordinances of Association and mutuall Defence, but likewise fully answer all the cavils and pretences of Royalists and Malignants against the progresse and managing of this warre, from principles of Nature, Law, Humane Reason, Equi…y, and humane Authorities.