The Sovereign Power of Parliaments and Kingdoms Part 3, Discourse 1 · Quoted text 1
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:sPater. 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,tLiu. 21 28. Livy and Vigetius: if the enemie ſhould once prevent,nVeget. l. 3. all things are diſturbed with feare; it behoves them therefore (ſaithxHiſt. 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 ſuppreſſe the endeavours of an enemie who thinkes ill. AndyThem. 1. ad Ariſlog. 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 noſthenes Cicero 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)zTerent. 4. Eunu. 6. I would rather looke to our ſelves, then I would be revenged having received injury:aPhilo. 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, things held in lieu of proverbes, and therefore prove much what they ſignifie, bPerſ. § at. 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 get ſtrength. Behold ſomething out of the Authors of Law:cC. 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. dBald. 4. conſ. 111 Jaſ. 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. eBal. 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.fDec. conſ. 603. A juſt cauſe of feare is required, ſuſpition is not ſufficient. Nowgp. 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,hDe damn. inf. 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 iniGell. 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 be ſlaine 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; kCic. pro tu. Quict. l. 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, lThucid. 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 might ſafely lay ambuſhes for them againe, and we might delay: then he ſhould ſpeake truth: but ſince they have alwayes with 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.mZonarus. Thus the Romans move warre againſt Philip, leſt Greece being ſubdued, he ſhould firſt make warre upon them. ThusnPauſanias, …. 1. Lyſimachus, when Demetrius had gotten the Kingdome, fearing leaſt 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 theoHero 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 thepXenop. 5. Graec. Lacaedemonians themſelves, perſwaded by the Acanthii tooke up warre againſt the Olynthi: 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 qLiv. lib. 7.Compani 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 rThut. 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? ThussSalu. 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 thingtDion lib. 9. 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 uBod. 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 Spaniard 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?xP Syr… we have heard of the Turkes before, and we all ſee it: if any one diſcernes it not of the Spaniards; he may heare of P. Jovius, 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. Therefore we ought to reſiſt; yJou. lib. 1.and it is zAri. 5. pol.better to beware that men encreaſe not too much in power then to ſeeke remedy afterward againſt the mighty. aHier. 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: bBal. 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 ourcDion 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,*Ovid. 5. Faſt. Poſſe u… cere ſat eſt; Quodque p… teſtalios perdere, perde. prior. and uttered as it were from an Oracle, In the judgement of Bodin: dPlut. 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: aseBal. 2. corſ. 195. 202. Plutarch ſpeaketh: and fApul. de m…ndBaldus, 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, bylPolit 4. Ep. …. Guic. lib. 1. equall proportion, and while in none, one is ſubdued of the other: o 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 Ita…an Princes ſhould be balanced with equall weights, whence both Italy might have peace, which both it 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.gAnſ. Edeg. If any will pull a middle ſtone out of the wall, upon which all relies, the reſt being carried together will follow.hPolyb. 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. ThisiLi…. 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 become 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 ingeniouſly, Marcus Cato for the Rhodians: who thorow hatred to the Romans, kGellius 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.lDion. l. 38. Caeſar doth not contradict, who thus diſputes of raiſing of warre againſt King Arioviſtus, 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. v. 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. ThenJou. 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 Helvetiin 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.