The Elements of Law Natural and Politic [82]
of grievances to him or them that have the sovereign. authority. 7. Besides those considerations by which are prevented the discontents that arise from oppression, there ought to be some means for the keeping under of those, that are disposed to rebellion by ambition; which consist principally in the constancy of him that hath the sovereign power, who ought therefore constantly to grace and encourage such, as being able to serve the commonwealth, do nevertheless contain themselves within the bounds of modesty, without repining at the authority of such as are employed, and without aggravating the errors, which (as men) they may commit; especially when they suffer not in their own particular. and constantly to show displeasure and dislike of the contrary. And not only so, but also to ordain severe punishments, for such as shall by reprehension of public actions, affect popularity and applause amongst the multitude, by which they may be enabled to have a faction in the commonwealth at their devotion. 8. Another thing necessary, is the rooting out from the consciences of men all those opinions which seem to justify, and give pretence of right to rebellious actions; such as are: the opinion, that a man can do nothing lawfully against his private conscience; that they who have the sovereignty, are subject to the civil laws; that there is any authority of subjects, whose negative may hinder the affirmative of the sovereign power; that any subject hath a propriety distinct from the dominion of the commonwealth; that there is a body of the people without him or them that have the sovereign power; and that any lawful sovereign may be resisted under the name of a tyrant; which opinions are they, which, Part II. chap. XXVII, sect. 5-10, have been declared to dispose men to rebellion. And because opinions which are gotten by education, and in length of time are made habitual, cannot be taken away by force, and upon the sudden: they must therefore be taken away also, by time and education. And seeing the said opinions have proceeded from private and public teaching, and those teachers have received them from grounds and principles, which they have learned in the Universities, from the doctrine of Aristotle, and others (who have delivered nothing concerning morality and policy demonstratively; but being passionately addicted to popular government, have insinuated their opinions, by eloquent sophistry): there is no doubt, if the true doctrine concerning the law of nature, and the properties of a body politic, and the nature of law in general, were perspicuously set down, and taught in the Universities, but that young men, who come thither void of prejudice, and whose minds are yet as white paper, capable of any instruction, would more easily receive the same, and afterward teach it to the people, both in books and otherwise, than now they do the contrary. 9. The last thing contained in that supreme law, salus populi, is their defence; and consisteth partly in the obedience and unity of the subjects, of which hath been already spoken, and in which consisteth the means of levying soldiers, and of having money, arms, ships, and fortified places in readiness of defence; and partly, in the avoiding of unnecessary wars. For such commonwealths, or such monarchs, as affect war for itself, that is to say, out of ambition, or of vain-glory, or that make account to revenge every little injury, or disgrace done by their neighbours, if they ruin not themselves, their fortune must be better than they have reason to expect.
Chapter 29
Of the Nature and Kinds of Laws
1. Thus far concerning the Nature of Man, and the constitution and properties of a Body Politic. There remaineth only for the last chapter, to speak of the nature and sorts of law. And first it is manifest, that all laws are declarations of the mind, concerning some action future to be done, or omitted. And all declarations and expressions of the mind concerning future actions and omissions, are either promissive, as I will do, or not do; or provisive, as for example,
Chapter 29
Of the Nature and Kinds of Laws
1. Thus far concerning the Nature of Man, and the constitution and properties of a Body Politic. There remaineth only for the last chapter, to speak of the nature and sorts of law. And first it is manifest, that all laws are declarations of the mind, concerning some action future to be done, or omitted. And all declarations and expressions of the mind concerning future actions and omissions, are either promissive, as I will do, or not do; or provisive, as for example,