Ductor dubitantium, or, The rule of conscience in all her generall measures serving as a great instrument for the determination of cases of conscience : in four books / by Jeremy Taylor ...

RULE 3. The first and greatest band of the law of Nature is fear of punishment.

I Have already spoken of this as it is the act and effect of Conscience: here I am to speak of it more abstractedly, and as it self hath effect upon humane actions; there as it is the Minister of the Judge: here as it is the Sanction of the law,

Omne malum aut timore aut pudore Natura suffudit,* 1.1 said Tertullian. Fear and shame are the waiters and handmaids of every sin which Nature hath pro∣vided for it.* 1.2 And indeed fear is the band of all laws. For although there is a pravity in the Nature of injustice which natural reason hates, proceeding partly from the deficiency from the perfective end of Nature and societies, which is injustice; partly from the consequent obloquy and disreputation which all wise men and all talking people put upon it (for they that doe it themselves speak ill of it in others) yet this is but a little. This is a part of the punishment of the breach of the Natural law; but not strong enough to make a firme obligation. Now in all laws there must be some penalty annexed, the fear of which may be able to restrain men from doing against the law: which cannot be unlesse the evil be greater then the benefit or pleasure of the praevarication can be: and therefore it is, that God establish∣ing this law hath appointed a Court within us, a severe judge who will not spare, a wise discerner who will not be deceived, an exact remembrancer which never forgets any thing that can doe the greatest mischiefs, a just witness who will not be suborn'd, and is conscious and privy to all that which he is to judge; and the same also is the executioner of the delin∣quent and sinning people.

The stings of Conscience and fear of the Divine vengeance,* 1.3 is this evil which Naturally restrains us: it is the greatest restraint, because it is the greatest of evils, and it is Unavoidable, and it is Natural. I will not adde it is lawful to abstain from evil for fear of punishment, but it is neces∣sary, and it is Natural, and that is more; and this is it which Epicurus taught, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉; which although Plutarch seems angry at, was well enough spoken by him; meaning that it is a fear not of temporal discovery and civil punishment which is onely appoin∣ted to restrain evil actions, but a fear of those evils whose apprehension God hath made necessary and congenite with the Nature of Man; fear of Gods displeasure, and the destruction of our Nature and felicities relying upon that Natural love of our selves and desire of our own preservation, without which a man cannot be suppos'd sufficiently provided with principles of ne∣cessary being and providence.

There is another kind of fear of punishment,* 1.4 that is, a fear of those auxiliary punishments which Princes and Republikes have superadded to the breakers of Natural laws, which is in some men who are despisers of all the evils which are threatned hereafter:* 1.5 Such as was that of Thrasy∣machus in Plato. Nihil esse melius quàm facere injuriam neque poenas dare, nihil pejus quàm pati nec posse Ulcisci; medio autem modo se habere Justi∣tiam, cùm quis nec facit nec patitur, quod ut fiat, esse optabile; sed nem∣pe imbecillibus quorum proinde interest pacisci aut servare pacta, non autem valentioribus, qui si viri fuerint ac sapuerint, nullatenus pactum de inju∣ria non inferenda accipendave sint inituri. Nothing is better then to doe injury without punishment: nothing worse then to suffer mischief and to be able to doe none again. In the midst of these is justice, which neither does injury, nor receives any, which is much to be desired; but by whom? By none but by weak people. For the stronger, if they be valiant and wise will never enter into Covenants concerning not doing or receiving injury. * According to this doctrine, there should be nothing of it self just or un∣just, and if there were, it were not to be regarded, but so long as justice were profitable, and injustice troublesome and dangerous. And therefore strong men or crafty might in many cases be exempt from contracts and from doing justice, and would neither doe right, nor take wrong.

Against this it is that all wise men in the world doe speak,* 1.6* 1.7 Vos autem nisi ad populares auras inanésque rumores recta facere nescitis; & relictâ conscientiae virtutísque praestantiâ de alienis praemia sermunculis cogitatis, said Boetius in indig∣nation against all those who took accounts of themselves by publike noises not by the testimonies of a just Conscience, that is, who fear man but doe not fear God. And to doe good out of fear of punishment (in this sence) is to doe good no longer then I am observed, and no longer then I am constrained: from both which because very many men are very often freed, and all men sometimes, there would be no habit, no will, no love of justice in the world; that is, there would be no vertue of justice, but single actions as it could happen. This would introduce horrid tyrannies, while Princes and Generals having power in their hands might do all things as they pleased, and have no measure but their own private: and all mens conditions under them would be always precarious and arbitrary, and most commonly intolerable: And therefore this fear is the characterisme of evil persons,

Oderunt peccare mali formidine poenae.

and against such civil laws are made: Justis lex non est posita, saith S. Paul, the law is not made for the righteous, but for the wicked. If the sons of Israel had continued pious as Abraham, Isaac, and Jacob were, the law should not have been given to them as it was upon Mount Sinai; but the necessities of men brought a law upon them, and that law a punishment, while good men 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 as Zenocrates in La∣ertius said of the Philosophers; they doe it

Sponte suâ,* 1.8 veterísque Dei se more tenentes.

for the love of God; by choice and delight in the actions of vertue they doe excellent things, Plúsque ibi boni mores valent quàm alibi bonae leges, as Ta∣citus said of the old Germanes. Good manners prevail'd more then good Laws. Thus did the Patriarchs,* 1.9 and therefore they needed not a law. Vetustissimi mortalium nullâ adhuc malâ libidine, sine pretio, sine scelere, eóque si•••• poena & co∣ercitionibus agebant: neque praemiis opus erat, cùm honesta suopte ingenio peteren∣tur: & ubi nihil contra morem cuperent, nihil permetum vetabantur. Our fore∣fathers

desir'd nothing against honesty and justice and therefore were not forbidden any thing by the instrument of fear.

But therefore the civil and positive law is not made for all those men who have other restraints;* 1.10 that is, for good men who are mov'd by better principles; but because these things that are better are despis'd by the vitious and the Tyrants, oppressors and the impudent, the civil power hath taken a sword to transfixe the Criminal and to kill the Crime. And therefore Epicu∣rus in Stobaeus said not amiss: laws were made for wise men, not for fear they should doe ill, but lest they should suffer evil from the Unjust.

And yet even the wise and the good men have a fear in them which is an instrument of justice and religion;* 1.11 but it is a fear of God, not of the secular Judge, it is a fear that is Natural, a fear produc'd from the congenite no∣tices of things, and the fear of doing a base thing; a fear to be a fool, and an evil person.

Mi natura dedit leges à sanguine ductas Ne possem melior Judicis esse metu.

said Cornelia in Propertius: a good man will abstain from all Unrighteous things, though he be sure that no man should hear or see any thing of it, that is, though there were no laws, and superinduc'd punishments in re∣publikes: and all this upon the account of such a fear which a good man ought to have; a fear of being a base person or doing vile things:

—Imposito tenerae custode puellae Nil agis:* 1.12 ingenio quaeque tuenda suo est. Siqua metu dempto casta est, ea denique casta est; Quae quia non liceat, non facit, illa facit.

That chastity is the Noblest which is not constrain'd by spies and severity, by laws and jealousie: when the mind is secretly restrain'd, then the virtue is se∣cur'd. * Cicero puts a case to Torquatus: Si te amicus tuus moriens rogaverit ut haereditatem reddas suae filiae, nec usquam id scripserit, ut scripsit Fadius, nec cuiquam dixerit, quid facies? Aruncanus dies and leaves his inheritance to his daughter Posthumia, and intrusts his friend Torquatus with it, but pri∣vately, without witness, without consignation of tables: will Torquatus who is a Feoffee in private trust restore this to the child when she shall be capable? Yes; Torquatus will, and Epicurus will, and yet Cicero had scarce a good word for him, whom he hath fondly disgrac'd during all ages of the world, weak∣ly and Unjustly: but the account he gives of it is pertinent to the rule: Nón∣ne intelligis eò majorem esse vim naturae, quod ipsi vos qui omnia ad vestrum com∣modum, & ut ipsi dicitis ad voluptatem referatis, tamen ea faciatis quibus appa∣reat, non voluptatem vos, sed officium sequi, plúsque naturam rectam, quàm pra∣vam rationem valere. Nature is more prevalent then interest: and sober men though they pretend to doe things for their real advantage and pleasure, yet follow their duty rather then either pleasure or profit, and right nature rather then evil principles.

The reason of this is,* 1.13 because Nature carries fear and reverence in the retinue of all her laws, and the evils which are consequent to the breach of Natural laws are really, and by wise men so understood to be greater mis∣chiefs then the want of profit, or the missing of pleasure, or the feeling the rods and axes of the Prince. If there were no more in a crime then the disorder of Nature,* 1.14 the very unnaturalness it self were a very great matter, S. Basil said well, ad omnia quae descripta à nobis, à Deo praecepta sunt, consequenda, natu∣rales

ab ipso facultates accepimus. God hath given to virtues, Natural Organs, or bodily instruments; as to mercy he appointed bowels, eyes for pity, hands for relief; and the proper imployment of these is so perfective of a mans con∣dition (according to their proportion) that not to employ them according to the purpose of Nature is a disease, a Natural trouble; just as it is to trumpet with our mouth which was intended for eating and drinking and gentler breath∣ings. It is punishment enough to doe an Unnatural and a base action, it puts our soul and it's faculties from their centre, and the ways of perfection. And this is fully observed by Seneca: Male de nobis actum erat quòd multa scelera legem & Judicem effugiunt, & scripta supplicia, nisi illa naturalia & gravia de praesentibus solverent & in locum patientiae timor cederet. Mankind were in an ill state of provisions, if those wickednesses which escape the law and the Judge, did not suffer the more grievous inflictions of natural punishment and fear came into the place of patience; still, fear is the bridle: but it is an ho∣nest fear, a fear of God and of natural disorders and inconvenience. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 as Clemens of Alexandria calls it a righ¦teousness not produced by laws and the sword, fear and interest, but from the love of God, and something that is within: There is a fear, but it is such a fear as still leaves the love to vertue, and secures it in privacies and enjoynes the habit and constant practice of it: a fear that is complicated with a Natural love of our own preservation, and is constant, and measur'd by God, and in the Natural limit cannot be extravagant; a fear that acknowledges Gods Omniscience, and his Omnipresence, and his eternal justice: and this was the sence of that of Sophocles.

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉.

Doe nothing basely and secretly; for times Father sees and hears all things, and time will discover it, and truth shall be the daughter of time, and that which is done in secret shall be spoken upon the tops of houses: so both the Christian and the Heathen are conjoyn'd in the several expressions of the same great truth. This fear is deposited in Conscience, and is begotten and kept by this proposition that God is a rewarder of all men according to their works.

Consequent to this is the love of Vertue.

Notes

• * 1.1

  1.
• * 1.2

  〈…〉〈…〉. c. 1.
• * 1.3

  2.
• * 1.4

  3.
• * 1.5

  7, de Repub,
• * 1.6

  4.
• * 1.7

  De consol. Philosoph.
• * 1.8

  7. Aenei••▪
• * 1.9

  Tac, 〈◊〉〈◊〉▪ 3.
• * 1.10

  5.
• * 1.11

  6.
• * 1.12

  Ovid. l. 3. Eleg.
• * 1.13

  7.
• * 1.14

  Reg. fusior. inter. 2.