The common interest of king and people shewing the original, antiquity and excellency of monarchy, compared with aristocracy and democracy, and particularly of our English monarchy, and that absolute, papal and Presbyterian popular supremacy are utterly inconsistent with prerogative, property and liberty / by John Nalson.

CHAP. I. The two great Principles of Nature, Self-Preservation, and The ardent Desire of Happiness, the Foundation of Socie∣ty and Government. Mr. Hobs refu∣ted in his impolitick Position, That Fear gave the first Origination of Society. The Origine of Monarchy. The occa∣sion of the Primitive Wars. The Ori∣ginal of Laws. Monarchs or the first Leaders of Colonies the Primitive Legi∣slators. The reason of the Executive and Coercive Power of Magistrates. The dangerous Error of those, who make Laws the Foundation of Monarchy, whereas in Truth all Laws and Esta∣blishments were the Concessions and Sanctions of Kings and Law-givers. The Ill consequences of this Mistake.

The Law of Nature and of Nations an•• of Divine Institution.

AMONGST all those Prin∣ciples of Nature which Man∣kind, and indeed the greatest part of the Creation receive at the same Instant with their Being, there are two, which as they are the most Universal, so they are of the greatest Necessity and most constant Use.

THE first is that of Self-preservati∣on, or an inseparable Desire to keep themselves in Being; by the obtaining and enjoyment of all those things which contribute towards the continuance of it; or which give them a Power and Capacity either to escape and avoid, or to overcome and remove, what they know, or but suspect to be dangerous or destructive to their Na∣tures: This is the Foundation of all our Natural and Rational Desires and Aver∣sions; Hope, Fear, Joy, Love, Ha∣tred, and the other Passions of the Mind; And even Reason it self, that Monarch of the Soul, if it may not be said to Obey, yet does most constantly entertain this Principle, as his most faithful Counsellor, and chief Minister

of State: So that nothing passes as the Royal Command of the Will, which is not first made Authentick by the ap∣probation of this great Favourite: and even in those Popular Insurrections of the Mind, when the misled Passions (those Common People of the Soul) usurp the Sovereignty for a Time; it is generally with the Vulgar Error of a Design of Self-preservation; and amongst all that unruly Multitude, when they are in the Highest Mutiny, I know no Enemy this beloved Prin∣ciple has amongst them besides Despair, who yet never appears but in the field of extreme Danger, and not there, till Hope and all his Squadrons and Re∣serves are totally routed and intirely ruin'd; and at all such times Despair the Mortal enemy of Happiness, pre∣tends a kindness, and by the present less evil which he offers to our choice, to prevent and secure us from the future greater evil and misery.

THE second Principle of Nature concerns the Benè Esse of every Being: and is that ardent and Constant Desire of Happiness, and all those Means which may in any measure obtain, pro∣mote, increase, continue, protect, and

secure it, or recover it, if it happen to be lost. These are the two inseparable Guardians or good Genii of Humane Nature; which attend upon every Mortal Man, from his first entrance into the World; and which with the most serviceable fidelity, accompany him through all the vicissitudes, accidents, and various fortunes of his Life, even to its utmost Period.

AS there can be no greater Demon∣stration of such a Supreme Being which we call Providence, than these Prin∣ciples, which it is impossible should be the effects of undesigning Chance, or fortuitous Atoms, which can never be Parents to what is constantly Regular, and without exception Universal; so there is no doubt to be made, but that the Minds of all Men were stampt with this Divine Impress, for some Ends and Intentions suitable to the goodness and wisdom of that All-powerful and most excellent Supreme Being, from whom they derive their Original: Amongst many others to which they do contribute, they seem to have a par∣ticular Address to Society, Commu∣nity, and Government, those necessary Columns and Pillars of the World,

without which there can be no such thing as Happiness on Earth, of which these two Principles are the Founda∣tion.

AND whoever will trace Society and Government to their first Origi∣nals, will easily be convinced, that it was that Love which naturally all men have for themselves, and their own Happiness, which first invited them in∣to mutual Combinations, and cemented several distinct Tribes and Families in∣to one united Body. This is a thing so obvious and natural, that I cannot but admire, that a Master of so great Wit and Parts as Mr. Hobs, should stumble upon an Error directly contrary to it, in the very threshold of his Book De Ci∣ve; and lay that down for a firm and solid foundation of his future City, which is a perfect quicksand; and if admitted, will shipwrack all Laws, So∣ciety and Happiness. He tells us,

That it was only Fear of one another, which gave the Origination to all great and durable Societies of Men.

Now this is evident, That I must first Love my self, before I can Fear any thing; all such Fear, being properly the effect of that Love, which teaches

me to desire to preserve my self from all Enemies and Injuries. And this mi∣stake immediately rushes him upon a second Error to maintain his first;

That there is in all Mankind a mutual desire of doing mischief one to ano∣ther; proceeding from that equality which by the state of Nature all Men are in:

Which second Assertion is false to every Reason; unless he will re∣vive the old Fable of Cadmus in Ovid, and slurr it upon us for an Historical Truth; and suppose all Mankind to be like the Harvest sprung from the Ser∣pents Teeth; unnatural Sons of the Earth, born in Arms; and immediately like fabulous Knights-errant, entering upon martial Actions, and a mutual Combat and slaughter of one another: For there is no such thing as equality by the state of Nature; but the Father by the very Priority of a Natural Cause, must be superior to his Children, &c. I do not design a confutation of Mr. Hobs, but these two Errors in his Principles, have run him into many dangerous and impolitick errors in all his Wri∣tings; which have by many others been severely animadverted upon; on∣ly I was obliged to take notice of these,

in regard that they contradict the Origi∣nal of Society, and it may be the End of it, which is Happiness; and are no less dangerous to the very Foundation of all Government and Religion, than contrary to most manifest Truth.

WE must therefore suppose, what is not only natural and most rationally probable, but most really and unquesti∣onably true; That in the beginning of the World, in regard of the Lawfulness of Polygamy, and the protracted Lives of those Primitive Propagators of Man∣kind; even after the Deluge, when their Days were stinted to a hundred and twenty Years; that men did migh∣tily increase; and coming from one common stock it was yet some conside∣rable time before their Numbers strait∣ned them so much for Room, as to ob∣lige them to separate and divide? and that they were embodied into one Com∣munity there is no question to be made; of this Society Noah (the Saturn and Janus bifrons of the Heathens, said to have two faces, one of which look'd to the time before, and the other to that after the Flood) was the Head and Go∣vernour; till he was by the Ambitious Nimrod, the Jupiter of the Heathens,

(though Berosus makes him the Saturn despoiled of his Soveraignty: and the reasons that are given for their attemp•• to build the stupendious Tower of Babe•• confirm the opinion: They had two mo∣tives still powerful enough in the mind•• of men to force them into Societies▪ One was future Fame; the other wa•• the necessity of Union, lest they should be dispersed over all the Earth. No•• indeed is it possible that Fear should give the occasion to that enterprise; for of whom could they be afraid? there were no other men in the World besides themselves; and they could not be a∣fraid one of another, being of one Lan∣guage, and one and that so near Relati∣on: and it was particular Self-love▪ and the Love and not Fear one of another, lest they should be separa∣ted; and that they might have the glo∣ry of such a famous building; together with the advantages of Society, which were the Causes of their early Combi∣nation and Design: Had they been jea∣lous, distrustful or fearful one of ano∣ther, that would naturally have made them separate & flie from one another; but they were fearful of being parted and dispersed, which is the true and

proper effect of Love; which always co∣vets an Union with its Object; as Ha∣tred, Fear and Aversion lead us to a desire of separation, from the things or persons we stand in dread of, or do not affect.

BUT after the most Wise Eternal Being for the accomplishment of his own glorious Designs, had crossed theirs, by confounding their Language and dividing their Tongues; there was then a necessity which obliged them al∣so to divide and separate; and so all those who were of one Language, em∣bodied and joyned into one Society, and parted from the rest, who could be of no use or advantage to them, in regard their Dialect was not understood: By which means they spread themselves into several remote Regions; and by degrees, the whole Earth came to be inhabited.

THE people who were thus sepa∣rated, in process of Time came to be as different in all other things as in their Language; and still as they multiplied in Numbers, new Colonies were ne∣cessitated to part from the old stock; and they also became distinct: Compa∣nies and Societies of Men: Now he

who undertook to be their Leader, and Captain-conductor, in their travels and removes, was therefore the chief and principal man amongst them, and usually gave his Name and Laws to the Nation or People, which he carried with him. This distinction of Nati∣ons and People as it restrained the Love and kindness (which before their Part∣ing was common to all) only to those of their own Tribe and Name, thereby manifesting the particular respect they had one for another; so likewise it came to distinguish that Property of Territories and Possessions, which eve∣ry Nation pretended a sole Right, Title and Interest in, as belonging on∣ly unto them, and not to any other of their Neighbours. This occasioned Differences and Quarrels about the Li∣mits of their Pastures, Fields, Woods, Rivers, Springs, &c. as appears both by the Sacred and Prophane Histories. For this reason parted Abraham and Lot, upon a strife that arose betwixt their Servants, which obliged them to sepa∣rate: And upon this account it was that Romulus and his Young Citizens had so many quarrels with the Sabines, and their other neighbours, concerning

the Pomoeria of their new erected City. Rome even from its very Infancy, being born with the desire of Soveraignty, and given to Usurpations and incroachments up∣on her Neighbours.

FROM these differences arose Tu∣mults, Wars, hostile Invasions, and Depredations; which did necessitate Men for their own safety, and the pre∣servation of their Property, to enter in∣to mutual promises and obligations, to defend themselves and the Publick from the injuries of their Enemies; and such were all lookt upon and suspected to be, who had not the same Property in the Territories where they did inhabit: and because many times, even whilest they were at Peace with their Neigh∣bours, they found themselves infested with Domestick Discords, Mischiefs, and Injuries, Thefts, Murders, Adul∣teries, and other violations of the Rights and Properties of the members of their own Community; from hence there sprung a necessity of Laws and Government, to prevent such intestine Quarrels, no less ruinous to the happi∣ness of Society, than foreign force; and to restrain such amongst themselves, whose unbounded Wills rendred their

Actions prejudicial and dangerous to the well-being of the Community, in whole and in every part; as also, that by Unity amongst themselves, they might be the better enabled to repress the Insolencies and Injuries of their fo∣reign Enemies.

NOW generally (if not universal∣ly) these Primitive Laws were for the reasons named, compiled by the Go∣vernours and Rulers, and in probability the first of them, by those who first lead the Colony. Thus Moses amongst the Hebrews, gave directions as su∣preme Judge in all Civil affairs; as for the Ecclesiastical he had them under Gods own hand-writing. Thus Numa amongst the Romans was their King and Legislator. And in regard experience taught them, that the best Laws were altogether insignificant to the greatest part of Men, unless they were intrusted in the hands of such who would strictly look to their effectual Execution; there∣fore the coercive and executive vertue of Laws was always in the disposal of the supreme Magistrate; as being the only Person or Persons, who were vest∣ed with such a power, as could give life and activity to those Laws, to

which they had first given a Being; and to whose hands could the care of the Government by a just execution of those Laws be more safely committed, had it been originally in the People to dis∣pose of it, than to such Persons, as had manifested their Wisdom, Prudence and ability in framing such good, just, wholsom, and necessary Constitutions? But the true reason is, they as Supreme over the People had the only Power of making Laws, and to exact obedience and subjection to them; by which means, they being the best Interpreters of the Laws which they had made, the Safety, Preservation and Happiness of the Society, was most likely, to be se∣cured, continued and preserved.

AND this manifests the Funda∣mental error in Politicks, of those Per∣sons, who make Laws to have a priori∣ty before Kings and Governors; as if the Laws made Kings & Magistrates, when in truth God & Nature vested Primoge∣niture with the Right of Kings and Ma∣gistrates, and they made the first Laws. This is a mistake of such dangerous con∣sequence, that if it come to be allowed and Popular, it robs all Kings of the most valuable Jewel of their Crowns,

and which was set there by God himself who set them upon their Heads; viz a Divine Right and Title to their Sove¦reignty and Dominion: and this open a way to perpetual Changes and altera¦tions in Government and Governours▪ For all Laws are in their own Nature alterable; and may either for the con∣venience of the Prince or People, wh•• are to Govern or be Governed by them be changed, abrogated, and new one▪ Enacted: and by consequence, the Right of the King, if it be only from them, may be so too. I have often heard it proverbially spoken, New Lords, New Laws; but this would al∣ter the stile, and introduce an unhear•• of proverb, New Laws, New Lords which at last by the perpetual uncertain∣ty of Government and alteration both o•• Lords and Laws, must of necessity▪ come to No Lords, and No Laws, and indeed nothing but Anarchy, Confu∣sion, and Tyranny.

BESIDES, the very Foundation of such an Opinion is absurd and unrea∣sonable; for there can be no Laws, till there be some frame of Government, to establish and enact such Laws; nor can any thing have the force or power of a

Law, or oblige men to obedience, un∣less it does proceed from such a Person or Persons, as have a right to command it, and Authority to punish the Disobe∣dience or neglect of those who ought to be subject to it. And to say that this Right is in the People, who by their suffrages Elect the Supreme Magistrate, is so far from mending the matter, that it makes it worse, and more dangerous: for then the People may in reason fairly presume (when ever they please to say, That the Sovereign Power is abused to their prejudice, which was contrary to their Design in granting it,) to re∣assume their own Right, and either keep the Power themselves, or proceed to a new Election: which is the direct Way to fulfil the prediction of the Ne∣cromantick Head, which was once said, at Oxford, to have given this fatal Oracle:

Caput decidetur, Caput elevabitur, Pedes elevabuntur supra Caput.

which was tragically translated into English in the transactions of the late un∣happy Times, when

Monarchy beheaded lay, The head of Traitors bore the Sway. The feet of Iron and of Clay Became a monstrous head they say.

BUT further, the universal Testi∣mony of all Ages, Nations, and Places, derive the beginning of Positive Laws, from a Government justly impowred to make, enact, and command Laws; and a superior Power that had a Right to exact Obedience to them: So that it is almost impossible to find the least foot∣steps of Law, that is by far so ancient as Government. As for that Jus Naturae, and Jus Gentium, they are more pro∣perly Common and Universal Principles of Nature and all Nations, than Laws; and owe their establishment to a Divine Authority, and not to any Humane Power: and there is a vast difference between the very Words Jus and Lex, though our Language does not admit of it in the common use of Expression; for Jus properly signifies a Right or Pro∣priety, and such a Right, as if it be common (as the Right of Nature and Nations are) every man by vertue of his Being lays a claim unto. The word Lex, or Law, seems derived from the Greek word 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, finem facio, termino,

to put an end and determination to things which before were undetermi∣ned: or from the Latin word Ligc, to bind and oblige, as Laws do all people to Obedience: or possibly as Tully ob∣serves, à Legendo, from chusing what is best for society: So 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 from 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, distribuo, pasco, rego, to distribute Ju∣stice and Right; to feed the people with care and diligence, as a Shepherd his flock; for which reason Homer calls Kings, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, the Shepherds of the People, who rule and govern them. So the Hebrew word, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, which is rendred Law signifies Doctrina, teach∣ing, instruction; because Laws teach and instruct all people what is their Du∣ty. All which words of the most anci∣ent and universal Languages, plainly intimate, that there must be some per∣son or persons, who must have such Au∣thority, as may inable them to deter∣mine Differences, oblige men to Obe∣dience to those Laws they chuse as best for them; seed, govern, and teach their Inferiors their respective Duties; and who must therefore by necessary consequence be Governours, before the Laws were made, by which they and their successors afterwards, directed and

managed the Societies over which they were the Primitive Rulers, Princes and Law-givers.

Notes

• The two great Principles of Nature, Self-preservation and the ardent Desire of Hap∣piness; the Foun∣dation of Socie∣ty and Govern∣ment.
• The impolitick Error of Mr. Hobs refuted, That mutual Fear was the first Originati∣on of Society.
• Hobs de Cive, cap. 1. tit. Li∣bertas, p. 6. Sect. 2.
• Idem p. 8. Sect. 3.
• Beros. lib. 4.
• The Origine of Monarchies.
• The occasion of the Primitive Wars.
• Gen. 13.7, 9.
• The Original of Laws and Government.
• Monarchs and Leaders of Co∣lonies the first Legislators.
• The reason of the Executive and Coercive Power of Ma∣gistrates.
• Bakers Chrons pag. 167.
• Dan. 2.33.
• • ... K. Charles Martyr
  • ... O. Cromwell.
  • ... Army and Rump Parl.
• Law of Nature and Law of Nations of Di∣vine Instituti∣on.