Justice and reason – 2

For the question is not of promises mutuall, where there is no security of performance on either side; as when there is no Civill Power erected over the parties promising; for such promises are no Covenants: But either where one of the parties has performed already; or where there is a Power to make him performe; there is the question whether it be against reason, that is, against the benefit of the other to performe, or not. And I say it is not against reason.

For the manifestation whereof, we are to consider; First, that when a man doth a thing, which notwithstanding any thing can be foreseen, and reckoned on, tendeth to his own destruction, howsoever some accident which he could not expect, arriving may turne it to his benefit; yet such events do not make it reasonably or wisely done. Secondly, that in a condition of Warre, wherein every man to every man, for want of a common Power to keep them all in awe, is an Enemy, there is no man can hope by his own strength, or wit, to defend himselfe from destruction, without the help of Confederates; where every one expects the same defence by the Confederation, that any one else does: and therefore he which declares he thinks it reason to deceive those that help him, can in reason expect no other means of safety, than what can be had from his own single Power. He therefore that breaketh his Covenant, and consequently declareth that he thinks he may with reason do so, cannot be received into any Society, that unite themselves for Peace and defence, but by the errour of them that receive him; nor when he is received, be retayned in it, without seeing the danger of their errour; which errours a man cannot reasonably reckon upon as the means of his security; and therefore if he be left, or cast out of Society, he perisheth; and if he live in Society, it is by the errours of other men, which he could not foresee, nor reckon upon; and consequently against the reason of his preservation; and so, as all men that contribute not to his destruction, forbear him onely out of ignorance of what is good for themselves.

As for the Instance of gaining the secure and perpetuall felicity of Heaven, by any way; it is frivolous: there being but one way imaginable; and that is not breaking, but keeping of Covenant.

And for the other Instance of attaining Soveraignty by Rebellion; it is manifest, that though the event follow, yet because it cannot reasonably be expected, but rather the contrary; and because by gaining it so, others are taught to gain the same in like manner, the attempt thereof is against reason.

Justice therefore, that is to say, Keeping of Covenant, is a Rule of Reason, by which we are forbidden to do any thing destructive to our life; and consequently a Law of Nature.

There be some that proceed further; and will not have the Law of Nature, to be those Rules which conduce to the preservation of mans life on earth; but to the attaining of an eternall felicity after death; to which they think the breach of Covenant may conduce; and consequently be just and reasonable; (such are they that think it a work of merit to kill, or depose, or rebell against, the Soveraigne Power constituted over them by their own consent.) But because there is no naturall knowledge of mans estate after death; much lesse of the reward that is then to be given to breach of Faith; but onely a beliefe grounded upon other mens saying, that they know it supernaturally, or that they know those, that knew them, that knew others, that knew it supernaturally; Breach of Faith cannot be called a Precept of Reason, or Nature.

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Justice Not Contrary To Reason

The Foole hath sayd in his heart, there is no such thing as Justice; and sometimes also with his tongue; seriously alleaging, that every mans conservation, and contentment, being committed to his own care, there could be no reason, why every man might not do what he thought conduced thereunto; and therefore also to make, or not make; keep, or not keep Covenants, was not against Reason, when it conduced to ones benefit. He does not therein deny, that there be Covenants; and that they are sometimes broken, sometimes kept; and that such breach of them may be called Injustice, and the observance of them Justice: but he questioneth, whether Injustice, taking away the feare of God, (for the same Foole hath said in his heart there is no God,) may not sometimes stand with that Reason, which dictateth to every man his own good; and particularly then, when it conduceth to such a benefit, as shall put a man in a condition, to neglect not onely the dispraise, and revilings, but also the power of other men. The Kingdome of God is gotten by violence; but what if it could be gotten by unjust violence? were it against Reason so to get it, when it is impossible to receive hurt by it? and if it be not against Reason, it is not against Justice; or else Justice is not to be approved for good.

From such reasoning as this, Succesfull wickednesse hath obtained the Name of Vertue; and some that in all other things have disallowed the violation of Faith; yet have allowed it, when it is for the getting of a Kingdome. And the Heathen that believed, that Saturn was deposed by his son Jupiter, believed neverthelesse the same Jupiter to be the avenger of Injustice: Somewhat like to a piece of Law in Cokes Commentaries on Litleton; where he sayes, If the right Heire of the Crown be attainted of Treason; yet the Crown shall descend to him, and Eo Instante the Atteynder be voyd; From which instances a man will be very prone to inferre; that when the Heire apparent of a Kingdome, shall kill him that is in possession, though his father; you may call it Injustice, or by what other name you will; yet it can never be against Reason, seeing all the voluntary actions of men tend to the benefit of themselves; and those actions are most Reasonable, that conduce most to their ends. This specious reasoning is nevertheless false.

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The end of ‘King Oliver’

A.  In the year 1657 the first thing the Parliament did, was the drawing up of this petition to the Protector, to take upon him the government of the three nations, with the title of King. As of other Parliaments, so of this, the greatest part had been either kept out of the House by force, or else themselves had forborne to sit and become guilty of setting up this King Oliver. But those few that sat, presented their petition to the Protector, April the 9th, in the Banqueting-house at Whitehall; where Sir Thomas Widdrington, the Speaker, used the first arguments, and the Protector desired some time to seek God, the business being weighty. The next day they sent a committee to him to receive his answer; which answer being not very clear, they pressed him again for a resolution; to which he made answer in a long speech, that ended in a peremptory refusal. And so retaining still the title of Protector, he took upon him the government according to certain articles contained in the said petition.

B.  What made him refuse the title of King?

A.  Because he durst not take it at that time; the army being addicted to their great officers, and amongst their great officers many hoping to succeed him, and, the succession having been promised to Major-General Lambert, would have mutinied against him. He was therefore forced to stay for a more propitious conjuncture.

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Having signed the articles, he was presently with great ceremony installed anew.

B.  What needed that, seeing he was still but Protector?

A.  But the articles of this petition were not all the same with those of his former instrument. For now there was to be another House; and whereas before, his council was to name his successor, he had power now to do it himself; so that he was an absolute monarch, and might leave the succession to his son if he would, and so successively, or transfer it to whom he pleased.

The ceremony being ended, the Parliament adjourned to the 20th of January following; and then the other House also sat with their fellows.

The House of Commons being now full, took little notice of the other House, wherein there were not of sixty persons above nine lords; but fell a questioning all that their fellows had done, during the time of their seclusion; whence had followed the avoidance of the power newly placed in the Protector. Therefore, going to the House, he made a speech to them, ending in these words; By the living God, I must, and do dissolve you.

In this year, the English gave the Spaniard another great blow at Santa Cruz, not much less than they had given him the year before at Cadiz.

About the time of the dissolution of this Parliament, the royalists had another design against the Protector; which was, to make an insurrection in England, the King being in Flanders ready to second them with an army thence. But this also was discovered by treachery, and came to nothing but the ruin of those that were engaged in it; whereof many in the beginning of the next year were by a High Court of Justice imprisoned, and some executed.

This year also was Major-General Lambert put out of all employment, a man second to none but Oliver in the favour of the army. But because he expected by that favour, or by promise from the Protector, to be his successor in the supreme power, it would have been dangerous to let him have command in the army; the Protector having designed for his successor his eldest son Richard.

In the year 1658, September the 3rd, the Protector died at Whitehall; having ever since his last establishment been perplexed with fear of being killed by some desperate attempt of the royalists.

(from Behemoth)

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Warring Savages of America, and Kings

It may peradventure be thought, there was never such a time, nor condition of warre as this; and I believe it was never generally so, over all the world: but there are many places, where they live so now.

For the savage people in many places of America, except the government of small Families, the concord whereof dependeth on naturall lust, have no government at all; and live at this day in that brutish manner, as I said before. Howsoever, it may be perceived what manner of life there would be, where there were no common Power to feare; by the manner of life, which men that have formerly lived under a peacefull government, use to degenerate into, in a civill Warre.

But though there had never been any time, wherein particular men were in a condition of warre one against another; yet in all times, Kings, and persons of Soveraigne authority, because of their Independency, are in continuall jealousies, and in the state and posture of Gladiators; having their weapons pointing, and their eyes fixed on one another; that is, their Forts, Garrisons, and Guns upon the Frontiers of their Kingdomes; and continuall Spyes upon their neighbours; which is a posture of War. But because they uphold thereby, the Industry of their Subjects; there does not follow from it, that misery, which accompanies the Liberty of particular men.

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The Study of Human Nature

From the principal parts of Nature, Reason and Passion, have proceeded two kinds of Learning, Mathematical and Dogmatical: the former is free from Controversie and Dispute, because it consisteth in comparing Figure and Motion only; in which things, Truth, and the Interest of Men, oppose not each other: but in the other there is nothing undisputable, because it compareth Men, and medleth with their Right and Profit; in which, as oft as Reason is against a Man, so oft will a Man be against Reason. And from hence it cometh, that they who have written of Justice and Policy in General, do all invade each other and themselves with Contradictions.

To reduce this Doctrine to the Rules and Infallibility of Reason, there is no way but, first, put such Principles down for a Foundation, as Passion, not mistrusting, may not seek to displace; and afterwards to build thereon the Truth of Cases in the Law of Nature (which hitherto have been built in the Air) by degrees, till the whole have been inexpugnable.

Now, my Lord, the Principles fit for such a Foundation, are those which heretofore I have acquainted your Lordship withal in private Discourse, and which by your Command I have here put into a Method. To examine Cases thereby between Soveraign and Soveraign, or between Soveraign and Subject, I leave to them that shall find Leasure and Encouragement thereto: For my part, I present this to your Lordship for the true and only Foundation of such Science.

For the Stile, it is therefore the worse, because, whilest I was writing, I consulted more with Logick than with Rhetorick: But for the Doctrine, it is not slightly proved; and the Conclusions thereof of such Nature, as, for want of them. Government and Peace have been nothing else, to this day, but mutual Fears: And it would be an incomparable benefit to Commonwealth, that every one held the Opinion concerning Law and Policy here delivered.

Epistle dedicatory to Of Humane Nature

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