The Elements of Law Natural and Politic [80]
to the vigour of his youth, by the counsel of Medea chopped him in pieces, and set him a boiling with I know not what herbs in a cauldron, but could not make him revive again. So when eloquence and want of judgment go together, want of judgment, Like the daughters of Pelias, consenteth, through eloquence, which is as the witchcraft of Medea, to cut the commonwealth in pieces, upon pretence or hope of reformation, which when things are in combustion, they are not able to effect.
Chapter 28
Of the Duty of Them That Have Sovereign Power
1. Having hitherto set forth how a body politic is made, and how it may be destroyed, this place requireth to say something concerning the preservation of the same. Not purposing to enter into the particulars of the art of government, but to sum up the general heads, wherein such art is to be employed, and in which consisteth the duty of him or them that have the sovereign power. For the duty of a sovereign consisteth in the good government of the people; and although the acts of sovereign power be no injuries to the subjects who have consented to the same by their implicit wills, yet when they tend to the hurt of the people in general, they be breaches of the law of nature, and of the divine Law; and consequently, the contrary acts are the duties of sovereigns, and required at their hands to the utmost of their endeavour, by God Almighty, under the pain of eternal death. And as the art and duty of sovereigns consist in the same acts, so also doth their profit. For the end of art is profit; and governing to the profit of the subjects, is governing to the profit of the sovereign, as hath been showed Part II. chapter XXIV, section 1. And these three: 1. the law over them that have sovereign power; 2. their duty; 3. their profit: are one and the same thing contained in this sentence, Salus populi suprema lex; by which must be understood, not the mere preservation of their lives, but generally their benefit and good. So that this is the general law for sovereigns: that they procure, to the uttermost of their endeavour, the good of the people. 2. And forasmuch as eternal is better than temporal good, it is evident, that they who are in sovereign authority, are by the law of nature obliged to further the establishing of all such doctrines and rules, and the commanding of all such actions, as in their conscience they believe to be the true way thereunto. For unless they do so, it cannot be said truly, that they have done the uttermost of their endeavour. 3. For the temporal good of people, it consisteth in four points: 1. Multitude. 2. Commodity of living. 3. Peace amongst ourselves. 4. Defence against foreign power. Concerning multitude, it is the duty of them that are in sovereign authority, to increase the people, in as much as they are governors of mankind under God Almighty, who having created but one man, and one woman, declared that it was his will they should be multiplied and increased afterwards. And seeing this is to be done by ordinances concerning copulation: they are by the law of nature bound to make such ordinances concerning the same, as may tend to the increase of mankind. And hence it cometh, that in them who have sovereign authority: not to forbid such copulations as are against the use of nature; not to forbid the promiscuous use of women; not to forbid one woman to have many husbands; not to forbid marriages within certain degrees of kindred and affinity: are against the Law of nature. For though it be not evident, that a private man living under the law of natural reason only, doth break the same, by doing any of these things aforesaid; yet it is manifestly apparent, that being so prejudicial as they are to the improvement of mankind, that not to forbid the same, is against the law of natural reason, in him that hath taken into his hands any portion of mankind to improve. 4. The commodity of living consisteth in liberty and wealth. By Liberty I mean, that there be no prohibition without necessity of any thing to any man, which was lawful to him in the
Chapter 28
Of the Duty of Them That Have Sovereign Power
1. Having hitherto set forth how a body politic is made, and how it may be destroyed, this place requireth to say something concerning the preservation of the same. Not purposing to enter into the particulars of the art of government, but to sum up the general heads, wherein such art is to be employed, and in which consisteth the duty of him or them that have the sovereign power. For the duty of a sovereign consisteth in the good government of the people; and although the acts of sovereign power be no injuries to the subjects who have consented to the same by their implicit wills, yet when they tend to the hurt of the people in general, they be breaches of the law of nature, and of the divine Law; and consequently, the contrary acts are the duties of sovereigns, and required at their hands to the utmost of their endeavour, by God Almighty, under the pain of eternal death. And as the art and duty of sovereigns consist in the same acts, so also doth their profit. For the end of art is profit; and governing to the profit of the subjects, is governing to the profit of the sovereign, as hath been showed Part II. chapter XXIV, section 1. And these three: 1. the law over them that have sovereign power; 2. their duty; 3. their profit: are one and the same thing contained in this sentence, Salus populi suprema lex; by which must be understood, not the mere preservation of their lives, but generally their benefit and good. So that this is the general law for sovereigns: that they procure, to the uttermost of their endeavour, the good of the people. 2. And forasmuch as eternal is better than temporal good, it is evident, that they who are in sovereign authority, are by the law of nature obliged to further the establishing of all such doctrines and rules, and the commanding of all such actions, as in their conscience they believe to be the true way thereunto. For unless they do so, it cannot be said truly, that they have done the uttermost of their endeavour. 3. For the temporal good of people, it consisteth in four points: 1. Multitude. 2. Commodity of living. 3. Peace amongst ourselves. 4. Defence against foreign power. Concerning multitude, it is the duty of them that are in sovereign authority, to increase the people, in as much as they are governors of mankind under God Almighty, who having created but one man, and one woman, declared that it was his will they should be multiplied and increased afterwards. And seeing this is to be done by ordinances concerning copulation: they are by the law of nature bound to make such ordinances concerning the same, as may tend to the increase of mankind. And hence it cometh, that in them who have sovereign authority: not to forbid such copulations as are against the use of nature; not to forbid the promiscuous use of women; not to forbid one woman to have many husbands; not to forbid marriages within certain degrees of kindred and affinity: are against the Law of nature. For though it be not evident, that a private man living under the law of natural reason only, doth break the same, by doing any of these things aforesaid; yet it is manifestly apparent, that being so prejudicial as they are to the improvement of mankind, that not to forbid the same, is against the law of natural reason, in him that hath taken into his hands any portion of mankind to improve. 4. The commodity of living consisteth in liberty and wealth. By Liberty I mean, that there be no prohibition without necessity of any thing to any man, which was lawful to him in the