CHAP. IV. Of Laws and Customes, and that which is called the Reason of State.
1. THat * Good Men may be borne, and imploy∣ed in those Offices and Fun∣ctions, to which they were born, every Community stands ever in need of a Law.
2. As Virtue is the Private Law, of Individualls [or Page 26singular Persons] so Law is the Publique Vertue of a Commu∣nity. Therefore being Virtue is the rule of Actions, and Af∣fections in a particular Person, ordained by the Decree of a Potent and * pliant Reason, for a chief private good: so Law is the Rule of affections, and Actions Publique: Constitu∣ted and published from the Dictates of Common Reason, which respect the chiefest common good.
3. The chief good is Preserva∣tion: & that either Private or Publique. which is (as far as may be ga∣thered) from Conservatives [simply] or Expulsives of De∣structives. Simply to Coserve is to Enternize [or perpetuate] Therfore simply, both the Pri∣vate Page 27& Publique chief good is from [GOD] that Eternall chief Entity. But partiall from other things: as namely, In∣strumentally and Dispositive∣ly from the Rules of Reason.
4. Wherefore—No Re∣publiques ☞ can make Laws, where there is not common Reason and common consent; unlesse where by common Reason (and consent) The Matter is put into the hands of the Wise-men; Such as were Solon, Lycurgus, and Nu∣ma.
Or unto one whom God has Delegated [for his Vice∣geret] as Moyses, &c.
As for Minos and Maho∣met, either Craft or the the Devill led them on, to be Apes of the true messengers from God, as Moses was.
Page 28Here the Observator steps in and saies,
5. 1 The Eternall and first Law is that, whereby God did Fashion, Create, Govern, and change all things and bring them about to his own ends: Even changable things, unchangably.
2 From this is derived the Law Naturall planted in the minds of men, and in the whole Volum of nature which Page 29is * Gods Art, and Natures Di∣rectory:* Neither can it be vio∣lated but by God: [and that by him] as a Lord, not as a Legislator.
3 From the Law Naturall is is derived the Law of Nations, Common to all men.
4 From the Law of Nations, the Positive Civill Law is de∣rived, and so farre as it is a∣greeable to Nature, it is inva∣riable: but as it serves present necessities, it may, and some∣times ought, to be alte∣red.
God himselfe also gave a Positive Law—which is immutable, where it con∣taines the Law of Nature, where our necessities [onely] mutable, as the Law of Moses in the Decalogue, remains [in full force] for ever, but not in Page 30the forbidding of Swines∣flesh: which was made on purpose to * avoid Leprosie. Yet,
☞No man can alter Lawes, but he that made them, or he that is Created his substi∣tute, for that very purpose.
Nature is the work of Reason without us.
Humane Reason, is the work of Nature within us
.The will [of man] is (of its own Nature) mutable: but Reason Immutable, except improperly: namely, when the matter about which Page 31which she is conversant is mutable.
6. Politique Reason, which some call the Reason of State: and of old, was the same with Equity, does transgresse the [strict] Letter of the Law, but not the sence and scope of it: becauses it does not abro∣gate or interpret, &c. any thing but for a greater good: as in the case of Fabius Vitu∣lanus: to whom the Roman Senate granted his life which was forfeited to the Law: and Horace that slew the three Curatis, * in the quarrell of the Roman Empire.
But the Reason of State, as it is now adaies, is nothing else but a devise of Tyrants, that carries the face of Equity, supposing it lawfull for them to transgresse, not onely their Page 32owne, but even the Lawes of God, either to gaine or maintain their petty Domini∣ons. But,
The difference between Rea∣son of State, and Equity is this. For Equity respects the Pub∣lique Good and Truth: but Reason of State looks upon [onely] the private and seem∣ing good of the Power in be∣ing.
Now since Machiavel was found to play Achitophel, the name being confessedly impi∣ous, Princes began, (that they might cover the shame of it) to call it the Reason of good Government. Which names though given by a kna∣vish Godfather, may bear an honest meaning. As for exam∣ple.
Cleonymus put to death the Page 33Ephori of Lacedamon by a right reason of State: but so does not the [Great] Turk his Brethren: because although he seem to do it for the Com∣mon good; yet being it is a∣gainst the Law of God, and some other way might bee found out to prevent their as∣piring to the Throne, the fact is [Barbarous and] unreason∣able.
7. A good Prince wants not this Reason of State, be∣cause his owne goodnesse is a perpetuall shield unto him: and if any rise up against him: all the People stand for him: as for David: whom his rebelli∣ous Son had deprived of his Kingdom.
But a thousand thousand Machiavillian Arts cannot protect a wicked Prince: be∣cause, Page 34cause, he is [both] Odious to the People, and to God the King of all [the World]
Now, hee that jarrs with [God] the Prime Cause, does foolishly depend upon second causes: as it happen'd to Caesar *Borgia: who under themost wary, and provident [Disci∣pline and] Mastership of Ma∣chiavell, lost, both his life, and Fortune.
Thus are Machiavillians alwaies taken in their owne snare: for want of Divine and Heavenly Knowledge, and by conceiting that by their owne Wisdome they can Fa∣thome, and foresee, all things.
10. Those Lawes are best, which are 1. short. 2. easie. 3. few. and 4. fitted to the Manners [or Genius] of the Page 35People and the Publique good. Tyrannical Lawes 02 are Many, and [those] ob∣scure, difficult, like so many snares: that serve the turnes of some one, or few, but not at all accommodated, either to the Manners, or advantage of the Publique.
9. Where Lawes are often changed: they are the fore∣runners of the instant raine of a Republique: as Florence found it therefore [by sad ex∣perience.
10. Where there are more Page 36Laws to * punish, then to direct or instruct, it is a sign of an ill tempered Government.
11. The Acts of Laws are: to command what is good: to restrain what is evill: and to tollerate things indifferent.
12. Reward, and Punish∣ment are the two [2] spurrs of the Law [to prick men forward to observation] of them.
13. The three Guardians or Keepers of Laws are,
- 1. Honour.
- 2. Love.
- 3. Fear.
Hee that secures not his Law by these three, is either Page 38a weak or Ignorant Lawgi∣ver, or elsea Tyrant &c.
14. Where a thing which once was good, becomes hurt∣full, it is to be forbidden: Where an Evill thing does prosit [the Publique] if it be Evill of Punishment, and not Evill of Offence, it is to be Commanded. Where in its own Nature indifferent as it falls oui, Good or Evill to the Republique, it is to be [accor∣ding] Commanded or For∣bidden.
15. The Laws of men make rather good Citizens, then simply good men. Yet Princes [and Rulers]ought to be simply good, because they are the * Light and the Law of others.
16. The Law ought to make and ordain Equality as the Page 39Nurse of the Common∣wealth, but not a Levelling; for as the Observator saies ex∣cellently, such strings make no Harmony but an Equali∣ty opposite to that destructive * consiming inequality, which is fatall to Common-wealths. For example: Extrem Pover∣ty makes Theeves, Insidious, Perjur'd, Ignorant, and Instru∣ments, of Rich wicked men. On the contrary, very Rich men are Proud, Luxurious, Unlearn'd, Contumelious, [and I may adde out of * A∣ristotle, Injurious too]
Very crasty men are [com∣monly] given to change. Ve∣ry stupid, are voluntarily ser∣vants [or slaves] Onely mo∣deratemen are Stable in their place, and stations where they live.
Page 40The Florentine Republique was ever the most unstable, by reason of the subtlety of their wits: The Venetian, the most firm and stable of all, by reason of a Mediocrity: and allay of Dullnesse.
17. A good Custome is a second Law: which does more preserve a Common-wealth, then the Law it self.
Five Customes, made Rome, the Princesse of Republiques: as Cato in Salust witness∣eth.
- 1. Publique Wealth.
- 2. Private Poverty.
- 3. Just Government a∣broad.
- 4. Freedome of speech at home.
- 5. Unliablenesse to fears, or designes.
All these [Customes] the Page 41Commonwealth of Venice observes as a Law: Except onely that shee lies open to Fear: yet not in her Counsels: but from Forraigners, through want of a Militia of her own.
For want of the first [Pub∣lique Wealth] the Genoesse, are not Lords of the Sea: nor of the new world, &c.
For want of the fifth [that is unliablenesse to feare, and desire] the Genoesse are as it were fervants to Forraign Princes.
For want of the Third [vix, Just Government abroad] the French could never fix their Dominion, without the Verge of France. In which the Spa∣niard is peccant too: Every where severely and ceremoni∣ously Lording it; not at all Page 42regarding the manners, [and Temper] of the People [they rule over.]
For want of the Fourth [Custome] [that is freedom of speech] the Florentine Re∣publique went to wrack.
Customs have brought Laws under their subjection.
- 1. Disposition of People or
- 2. Institution and Edu∣cation.
1. For disposition: The French now have much of the old Gaules in them: Humanity and Ficklenesse saies the Observator: give me leave to adde Feaverish Page 43Valour in Warre: (which L. Florus observes in their Progenitors the Gaules) * In their first onsets they are more then Men, in their second, lesse then Wo∣men.
2. For Education: what power that has over Nature, consult Xenophon, about the Persians and Lacedomo∣nians.
18. Good governors bring in good customes, ill men and women ill customes. Ergo, neither ill men, nor [any] wo∣man are fit to rule: the law of Nations is the custome of the whole species. (1) All man∣kind.
19. Not a Rigid but easie government fit the N•rthern Nations, ☞as being by nature a fierce people, and will hardly Page 44brook the Fetters of a Repub∣lique; as Tartars, Muscovites, Suedes, Germans, Switzers, &c.
Where they have Kings by succession, the people have much liberty, and the Prince little power; yet after the Ro∣man Culture, they began to live more severely [and regu∣larly, then before.] But
For Southern People, espe∣cially those that live under the Tropiques, no Dominion fits them but the Despotique (1) Lordly Rule: and the se∣verest Lawes: because they are weak in strength: but strong in subtlety. For which Reason they were ever [very much] addicted to Ceremonies, Su∣perstitions, &c.
20. Eastern People incline much to the disposition of the Southern: as the Western to to the Northern, by reason of the Sea adjoyning to them: and for other Causes: but the Spaniard is like in condi∣tions to the African by his Vicinity, or Neighbourhood.
