weak princes. It is in vain to fay, that this may give occafion to men of raifing tumults, or civil war; for though these are evils, yet they are not the greatest of evils. Civil war, in Machiavel's account, is a difeafe; but tyranny is the death of a state. Gentle ways are first to be used, and it is beft if the work can be done by them; but it must not be left undone, if they fail. It is good to ufe fupplications, advices, and remonstrances; but those who have no regard to juftice, and will not hearken to counfel, must be conftrained. It is folly to deal otherwife with a man who will not be guided by reafon, and a magiftrate who defpifes the law; or rather to think him a man, who rejects the effential principle of a man; or to account him a magiftrate who overthrows the law by which he is a magiftrate. This is the laft refult; but thofe nations must come to it, which cannot otherwise be preserved. Nero's madness was not to bẹ cured, nor the mischievous effects of it any otherwise to be fuppreffed than by his death. He who had fpared fuch a monster when it was in his power to remove him, had brought deftruction upon the whole empire; and by a foolish clemency made himself the author of his future villanies. This would have been yet more clear, if the world had then been in fuch a temper as to be capable of an intire liberty. But the ancient foundations had been overthrown, and nothing better could be built upon the new, than fomething that might in part refift that torrent of iniquity which had overflowed the best part of the world, and give mankind a little time to breathe under a Jefs barbarous mafter. Yet all the best men did join in the the work that was then to be done, though they knew it would prove but imperfect. The facred hiftory is not without examples of this kind; when Ahab had subverted the law, fet up falfe witneffes, and corrupt judges, to deftroy the innocent, killed the prophets, and esta blished idolatry, his house must then be cut off, and his blood be lickt up by dogs. When matters are brought to this pass, the decifion is easy. The queftion is only whether the punishment of crimes fhall fall upon one or a few perfons who are guilty of them, or upon a whole nation that is innocent. If the father may not die for the fon, nor the fon for the father, but every one must bear the penalty of his own crimes, it would be moft abfurd to punish the people for the guilt of princes. When the earl of Morton was fent ambaffador to queen Elizabeth by the eftates of Scotland, to justify their proceedings against Mary their queen, whom they had obliged to renounce the government, he alledged, amongst other things, the murder of her husband plainly proved against her; afferted the ancient right and cuftom of that kingdom, of * examining the actions of their kings; by which means, he said, many had been † punished with death, imprisonment, and exile; confirmed their actions Animadvertendi in reges. f + Morte, vinculis, & exilio puniti. Buchan. hift. Scot. 1. xx. Qui tot reges regno exuerunt, exilio damnarunt, carceribus coercuerunt fupplicio deniq; affecerunt, nec unquam tamen de acerbitate legis minuenda mento eft facta, &c. Ibid. Facile apparet regnum nihil aliud cffe, quain inutuam inter regem & populum ftipulationem. Non de illarum fan&tionum genere, quæ mutationibus temporum funt obnoxia, fed in primo generis humani exortu, et muuo prope omnium gentium confenfu comprobate & una cum rerum natura tinfragiles & fempiternæ perennent. Ibid. by the examples of other nations; and upon the whole matter concluded, that if fhe was ftill permitted to live, it was not on account of her innocence, or any exemption from the penalties of the law, but from the mercy and clemency of the people, who, contenting themselves with: a refignation of her right and power to her fon, had spared her. This difcourfe, which is fet down at large by the biftorian cited on the margin, being of fuch ftrength in itself as never to have been any otherwife answered than by railing, and no way difapproved by queen Elizabeth, or her council, to whom it was made, either upon a ge neral account of the pretenfions of princes to be exempted from, the penalties of the law, or any pretext that they had particularly mifapplied them in relation to their queen, I may july fay, that when nations fall under fuch princes as are either utterly uncapable of making a right ufe of their power, or do maliciously abufe that authority with which they are entrusted, thofe nations ftand ob ged, by the duty they owe to themselves and their pofterity, to use the best of their endeavour to remove the evil, whatever danger or difficulties they may meet with in the performance Pontius the Samnite faid as truly as bravely to his countrymen, That " thofe arms were just "and pious, that were neceffary; and neceffary, when "there was no hope of fafety by any other way." This is the voice of mankind, and is difliked only by thofe princes, who fear the deferved punishments, that may Jufta piaq; funt arma; quibus neceffaria, quibus nulla nifi in armis fpes eft falut. T. Liv. 1. ix. c. 1. fall fall upon them; or by their fervants and flatterers, wha, being for the most part the authors of their crimes, think they fhall be involved in their ruin. SECT. XLI. The people, for whom and by whom the magistrate is created, can only judge whether he rightly perform his office or not. IT is commonly faid, that no man ought to be the judge of his own cafe; and our author lays much weight upon it as a fundamental maxim, though, according to his ordinary inconftancy, he overthrows it in the cafe of kings, where it ought to take place, if in any; for it often falls out, that no men are lefs capable of forming a right judgment than they. Their paffions and interefts are most powerful to disturb or prevent them No men are fo liable to be diverted from juftice by the flatteries of corrupt fervants. They never act as kings, except for those by whom and for whom they are created; and a&ing for others, the account of their actions cannot depend upon their own will. Nevertheless I am not afraid to fay, that naturally and properly a man is the judge of his own concernments. No one is or can be deprived of this privilege, unlefs by his own confent, and for the good of that fociety into which he enters. This right therefore must neceffarily belong to every man in all cafes, except only fuch as relate to the good of the community, No 3 munity, for whofe fake he has divefted himself of it. If I find myself afflicted with hunger, thirst, weariness, cold, heat, or fickness, it is a folly to tell me, I ought not to feek meat, drink, reft, fhelter, refreshment, or phyfic, because I must not be the judge of my own case. The like may be faid in relation to my houfe, land, or eftate; I may do what I please with them, if I bring no damage upon others. But I must not set fire to my house, by which my neighbour's houfe may be burnt. I may not erect forts upon my own lands, or deliver them to a foreign enemy, who may by that means infeft my country. I may not cut the banks of the sea, or those of a river, left my neighbour's ground be overflown, because the fociety into which I am incorporated, would by fuch means receive prejudice. My land is not fimply my own, but upon condition that I fhall not thereby bring damage upon the public, by which I am protected in the peaceable enjoyment and innocent ufe of what I poffefs. But this fociety leaves me a liberty to take fervants, and put them away, at my pleasure, No man is to direct me, of what quality or number they fhall be, or can tell me whether I am well or ill ferved by them. Nay, the state takes no other cognizance of what paffes between me and them, than to oblige me to perform the contracts I make, and not to do that to them which the law forbids: that is to fay, the power to which I have fubmitted myself, exercises that jurifdiction over me, which was established by my confent, and under which I enjoy all the benefits of life, which are of more advantage to me than my liberty could have been, if I had retained it wholly in myself. |