The Sovereign Power of Parliaments and Kingdoms Part 3, Discourse 1 · Quoted text 2
CHAP. 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,aL 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,bCic. 3. de ſi. Civill. cPlut. de Vi. AlextThus 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.dNiceph. gr. 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 oneeSen. ep. 96. body. But Nature hath made us allyed, ſeeing ſhe hath begotten us of the ſame, and in the ſame, alſo endewed us with mutuall love, and hath made us ſociable.e 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 asfGel. lib 6. Gellius, conſiſteth, upholden as it were, with a mutuall contrariety and ſupport.gHor. ad 100. 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 Varro. hSen. ult. ben.Man is a ſociable creature, and being borne for the good of all, lookes upon the world as one houſe: thus Seneca: iLact. de ira, Dei. c. 10.againe Lactantius ſaith, the world is a Common-wealth, having one forme of government, and one Law;kPhi. loſe Philo, there is one Commonwealth of all and a common City of all.lc. Apol M act. Tertullian, Minutius, and alſo in Ariſtotle, There is one great City: what an harmony is here of wiſe men? Adde touching Society that of Cicero; Society in the largeſt extent, mAriſt. de mu.(which though it be often ſayd we muſt repeate more often) is of men towards men, nCic. 3. de offic Laet.more inward, of thoſe that are of the ſame Countrey; neerer of thoſe that are of the fare City and in another place: We are ſo borne that there may be a certaine Societie betweene all; but greater as any one is nearer: Citizens are be ter…ban ſtrangers; kindred han Forriners. And thus dothoAug 19. de civ. Auguſtine note there ſocieties; 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 freindſhip, 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; andpAmbet 3. de oft. 3. Ambroſe, the law of nature bindes us to all charity; that one ſhould beare with another, as members of one body: and ſo alſoqBal c de pri. do. 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: whichrLact. 6 Inſtit. 6. Lactantius both citeth and hath approved. And the ſame Cicero. ſCi. c. 7. Alt: 2.It is a filthy opinion of them,tAriſt. 1. pol. & Pſal. 107. 7 123. who referre all things to themſelves, filthy indeede, for man is borne for ſociety, and it is his*Gal. 6. & 1. petr. 4. 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 (asxHier. 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;yClaud. 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 arezRom. conſ. 420. bound by the Law of nature (ſo ſayes the interpreter of the Law) to be profitable every way: and theaDec. 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.bPlat. 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:cBal. 2. conſ 195. As a private man hath relation to a private man, ſo a Prince to a Prince, ſaith Baldus, dSen. 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.eXiphil. 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?fCic. 7. fa. 12. Cicero againe, even togProcop. 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,hCicer. 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,iIuſt. Ge. an. 3. It is a noble example of the barbarous King of Mauritania: who, when he heard that his enemie Alfonſo 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? dothkL. 6. de Ex Guiceardine 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 thelLib. 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? mCaſtr. 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:nLib. 6. de app. Iaſ. l 3. de iu. Dec. conſ. 691 Ceph. 712 Cuia. 20. obſ. 20. yea, the defence of 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 ſooL. 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 queſtion: 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.pL 5. qui ſ. 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, that 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. qIaſ. 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.rBal. l. ul. c. de ju. de imp. 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:ſAlc. 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, Alciatus, Molineus, ſo teach: andtBal. 4. conſ. 111. l. 1. C. 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. Plato is alſo of this mind: and thus alſouEccle. 4. Siracides: free him to whom injury is done, out of the hand of the injurious. I alſo am of the ſame minde, eſpecially, if, which the forenamed interpreters adde, defence be not made with the danger of the defender.xBal. 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.yNic. Cal. 7. hiſ. 29. 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, is as well in fault,zCic. 2. deoff. 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 withaBal l. 10. 10. c. de op. le. Baldus that although theſe were not true out of Philoſophie of judgements, which is of things neceſſary: they are certainely true from Philoſophie of manners: which conſiſts of things perſwaded, which Philoſophie alſo we follow in this whole Treatiſe. 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, perchance hath never moved any man to that honeſt defence. bGuic. lib. 2.Guicciardines mouth ſayd truely, no Prince will make warre for Peſants, unleſſe perſwaded with deſire of his owne gaine: yet that is ignominous to Princes and ſavours not of juſtice: but I had rather concurre with Leo the Philoſopher. We know very 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: ſodAmbr. 1 de oft. 27. c. 5. 23. q 3. Ambroſe, and the Canon Law, and I ſeeke for that Iuſtice. The Romans alſo joyned this cauſe with others by which they were moved often times to make warre:eDlon ſol. de legis. the defence of the Lucans (ſaith Dionyſius) was the manifeſt cauſe of the Samniticall 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?fl. 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?gAnb. 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. Ambroſe, andhLiv. 31. 34. even we our ſelves are hurt when our fellowes are hurt: as in Livie. i… 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.kPlut. 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 oflIov. 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?mOroſ. 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.nProcop. 11. Perſ. & Call. l. 7. 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 Juſtinus 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.Alcd. 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? pCic. 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 that as it is lawfull to pull our neighbours houſe downe, leaſt the fire ſhould come to us: and that queſtion of axDecia. Conſ. 651. houſe infected is the ſame, although touching this it is anſwered contrary:yLevit. 14. Yet the Houſe infected with Leproſie was pull'd downe zL. 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.aIbo. 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 hadbEccl. 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 iscC. 6 de ſeaexe 6. Eug con. 90 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.