The Sovereign Power of Parliaments and Kingdoms Part 3, Discourse 1 · Quoted text 3
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?aLib. 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.bEuri. 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: cThuc. l. 1.We doe plainely deny that any is forbidden to puniſh his owne: 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 d4. 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 the 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.eCeph. 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,Con. Regn. Pecca. par. p. 9. Bod. l. 2. de Rep. c. 5. & l. 5. c ult. Cic 3. de Off. as I have expounded, of the Common-wealth.f 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.gBal. lib. 4. c. de iuſt. & ſubſt. We defend Sonnes againſt injuſt Fathers. Adde now thoſe golden Sayings ofhSen. 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,iEph. 5. 9. Caeſar. … de ſi c. … 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 whichkPlu. Pyrrh. 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.l… 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. AndmAlex. 7. conſ. 2. Ceph. 721. if he that is the friend of an enemie bee excluded from being a witneſſe, much more from being a Iudge.nIaſ l. 16 de Iuriſd. Cic. pro Com. Ceph 750. For it is eaſier, if any be received for a witneſſe then a Iudge;oL. 47. de re iu l. 28. C. de …oſ. te. 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. pLeo-nou. 103We are bound both to defend juſtly unjuſt Sonnes againſt the cruelty of a Father, 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.qL. 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.rPlut. quo nutr. li. Hiere. ep. 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: ſAlex l. 20. 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:tCelſ. l. 5. de iuſt. And ſo truly Warre is lawfully undertaken, as uCelſ. 3. c. 9 Hypp. deloc. 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, xCic. 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.yl. 3. de holi. ex. Neither is any other forbidden to favour Libertie. ButzL. 54. de Leg. it much behoveth Neighbours to have a Neighbour. aNat. ad Alex conſ. 197. Bal l. 9. C. de Pa. in m. 7.For if one man hath neede of another man, what ſhall we ſay that one Neighbour is to another, ſaitha Pindarus, andb Callimachus: Ill Neighbours are odious to mee, andcHeb. 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. gPlu. Apoph.And where maydHeſ. 1. op. op. Morall Fables be ſilent?eFaer. 1. c 7 An evill neighbourhood is like a miſ-fortune; hL. 33. de con. em. Com. Pii. 2. li. 19.The vicinity of great Men is alwaies to bee ſhunned of the weaker; fAlc. Emb. 164. Plut. Euth.Good men receive good things from good Neighbours, and evill Men, evill things, &c. So * Plato, and ſo Th…miſtocles; When hee ſold a piece of ground, hee commanded the Crier to Proclaime, that it had a good Neighbour: WhichhL. 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. TheiCom. Pij. 2. li. 10. 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.k26. 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. lL. 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.mAriſt. 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,Bal. 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.oBal. 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, pLyp.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, Equity, and humane Authorities.