found this for all parts very inconvenient, so as the thing which they had devised for a remedy did indeed but increase the sore which it should have cured. They saw that to live by one man's will became the cause of all men's misery. This constrained them to come unto laws, wherein all men might see their duties beforehand, and know the penalties of transgressing them. If things be simply good or evil, and withal universally so acknowledged, there needs no new law to be made for such things. The first kind therefore of things appointed by laws human containeth whatsoever being in itself naturally good or evil, is notwithstanding more secret than that it can be, discerned by every man's present conceit, without some deeper discourse and judgment. In which discourse because there is difficulty and possibility many ways to err, unless such things were set down by laws, many would be ignorant of their duties which now are not, and many that know what they should do would nevertheless dissemble it, and to excuse themselves pretend ignorance and simplicity, which now they cannot.

And because the greatest part of men are such as prefer their own private good before all things, even that good which is sensual before whatsoever is most divine; and for that the labor of doing good, together with the pleasure arising from the contrary, doth make men for the most part slower to the one and proner to the other, than that duty prescribed them by law can prevail sufficiently with them: therefore unto laws that men do make for the benefit of men it hath seemed always needful to add rewards, which may more allure unto good than any hardness deterreth from it, and punishments, which may more deter from evil than any sweetness thereto allureth. Wherein as the generality is natural, virtue rewardable, and vice punishable; so the particular determination of the reward or punishment belongeth unto them by whom laws are made. Theft is naturally punishable, but the kind of punishment is positive, and such lawful as men shall think with discretion convenient by law to appoint.

In laws, that which is natural bindeth universally, that which is positive not so. To let go those kinds of positive laws which men impose upon themselves, as by vow unto God, contract with men, or such like; somewhat it will make unto our purpose, a

little more fully to consider what things are incident unto the making of the positive laws for the government of them that live united in public society. Laws do not only teach what is good, but they enjoin it, they have in them a certain constraining force. And to constrain men unto any thing inconvenient doth seem unreasonable. Most requisite therefore it is that to devise laws which all men shall be forced to obey none but wise men be admitted. Laws are matters of principal consequence; men of common capacity and but ordinary judgment are not able (for how should they?) to discern what things are fittest for each kind and state of regiment. We cannot be ignorant how much our obedience unto laws dependeth upon this point. Let a man though never so justly oppose himself unto them that are disordered in their ways, and what one amongst them commonly doth not stomach at such contradiction, storm at reproof, and hate such as would reform them? Notwithstanding even they which brook it worst that men should tell them of their duties, when they are told the same by a law, think very well and reasonably of it. For why? They presume that the law doth speak with all indifferency; that the law hath no side-respect to their persons; that the law is as it were an oracle proceeded from wisdom and understanding.

Howbeit laws do not take their constraining force from the quality of such as devise them, but from that power which doth give them the strength of laws. That which we spake before concerning the power of government must here be applied unto the power of making laws whereby to govern; which power God hath over all: and by the natural law, whereunto he hath made all subject, the lawful power of making laws to command whole politic societies of men belongeth so properly unto the same entire societies, that for any prince or potentate of what kind soever upon earth to exercise the same of himself, and not either by express commission immediately and personally received from God, or else by authority derived at the first from their consent upon whose persons they impose laws, it is no better than mere tyranny.

Laws they are not therefore which public approbation hath not made so. But approbation not only they give who personally declare their assent by voice, sign, or act, but also when others do it in their names

by right originally at the least derived from them. As in parliaments, councils, and the like assemblies, although we be not personally ourselves present, notwithsanding our assent is by reason of others agents there in our behalf. And what we do by others, no reason but that it should stand as our deed, no less effectually to bind us than if ourselves had done it in person. In many things assent is given, they that give it not imagining they do so, because the manner of their assenting is not apparent. As for example, when an absolute monarch commandeth his subjects that which seemeth good in his own discretion, hath not his edict the force of a law whether

they approve or dislike it? Again, that' which hath been received long sithence and is by custom now established, we keep as a law which we may not transgress; yet what consent was ever thereunto sought or required at our hands?

Of this point therefore we are to note, that sith men naturally have no full and perfect power to command whole politic multitudes of men, therefore utterly without our consent we could in such sort be at no man's commandment living. And to be commanded we do consent, when that society whereof we are part hath at any time before consented, without revoking the same after by the like universal agreement. Wherefore as any man's deed past is good as long as himself continueth; so the act of a public society of men done five hundred years sithence standeth as theirs who presently are of the same societies, because corporations are immortal; we were then alive in our predecessors, and they in their successors do live still. Laws therefore human, of what kind soever, are available by consent.

4. Of the Law of Nations

Now besides that law which simply concerneth men as men, and that which belongeth unto them as they are men linked with others in some form of politic society, there is a third kind of law which toucheth all such several bodies politic, so far forth as one of them hath public commerce with another. And this third is the Law of Nations. Between men and beasts there is no possibility of sociable communion, because the well-spring of that communion is a natural delight which man hath to transfuse from himself into others, and to receive

from others into himself especially those things wherein the excellency of his kind doth most consist. The chiefest instrument of human communion therefore is speech, because thereby we impart mutually one to another the conceits of our reasonable un

derstanding. And for that cause seeing beasts are not hereof capable, forasmuch as with them we can use no such conference, they being in degree, although above other creatures on earth to whom nature hath denied sense, yet lower than to be sociable companions of man to whom nature hath given reason; it is of Adam said that amongst the beasts "he found not for himself any meet companion." Civil society doth more content the nature of man than any private kind of solitary living, because in society this good of mutual participation is so much larger than otherwise. Herewith notwithstanding we are not satisfied, but we covet (if it might be) to have a kind of society and fellowship even with all mankind. Which thing Socrates intending to signify professed himself a citizen, not of this or that commonwealth, but of the world. And an effect of that very natural desire in us (a manifest token that we wish after a sort an universal fellowship with all men) appeareth by the wonderful delight men have, some to visit foreign countries, some to discover nations not heard of in former ages, we all to know the affairs and dealings of other people, yea to be in league of amity with them: and this not only for traffic's sake, or to the end that when many are confederated each may make other the more strong, but for such cause also as moved the Queen of Saba to visit Solomon; and in a word, because nature doth presume that how many men there are in the world, so many gods as it were there are, or at leastwise such they should be towards

men.

Touching laws which are to serve men in this behalf; even as those Laws of Reason, which (man retaining his original integrity) had been sufficient to direct each particular person in all his affairs and duties, are not sufficient but require the access of other laws, now that man and his offspring are grown thus corrupt and sinful; again, as those laws of polity and regiment, which would have served men living in public society together with that harmless disposition which then they should have had, are not able now to serve, when men's iniquity

is so hardly restrained within any tolerable bounds: in like manner, the national laws of natural commerce between societies of that former and better quality might have been other than now, when nations are so prone to offer violence, injury, and wrong. Hereupon hath grown in every of these three kinds that distinction between Primary and Secondary laws; the one grounded upon sincere, the other built upon depraved nature. Primary laws of nations are such as concern embassage, such as belong to the courteous entertainment of foreigners and strangers, such as serve for commodious traffic, and the like. Secondary laws in the same kind are such as this present unquiet world is most familiarly acquainted with; I mean laws of arms, which yet are much better known than kept. But what matter the Law of Nations doth contain I omit to search.

The strength and virtue of that law is such that no particular nation can lawfully prejudice the same by any their several laws and ordinances, more than a man by his private resolutions the law of the whole commonwealth or state wherein he liveth. For as civil law, being the act of the whole body politic, doth therefore overrule each several part of the same body; so there is no reason that any one commonwealth of itself should to the prejudice of another annihilate that whereupon the whole world hath agreed. For which cause, the Lacedæmonians forbidding all access of strangers into their coasts, are in that respect both by Josephus and Theodoret deservedly blamed, as being enemies to that hospitality which for common humanity's sake all the nations on earth should embrace.

5. "Her Voice the Harmony of the
World"

Thus far therefore we have endeavored in part to open, of what nature and force laws are, according unto their several kinds; the law which God with himself hath eternally set down to follow in his own works; the law which he hath made for his creatures to keep; the law of natural and necessary agents; the law which angels in heaven obey; the law whereunto by the light of reason men find themselves bound in that they are men; the law which they make by composition for multitudes and politic societies of men to be guided by; the law which belongeth unto each nation; the law

that concerneth the fellowship of all; and lastly the law which God himself hath supernaturally revealed. It might peradventure have been more popular and more plausible to vulgar ears, if this first discourse had been spent in extolling the force of laws, in showing the great necessity of them when they are good, and in aggravating their offence by whom public laws are injuriously traduced. But forasmuch as with such kind of matter the passions of men are rather stirred one way or other, than their knowledge any way set forward unto the trial of that whereof there is doubt made, I have therefore turned aside from that beaten path, and chosen though a less easy yet a more profitable way in regard of the end we propose. Lest therefore any man should marvel whereunto all these things tend, the drift and purpose of all is this, even to show in what manner, as every good and perfect gift, so this very gift of good and perfect laws is derived from the Father of lights; to teach men a reason why just and reasonable laws are of so great force, of so great use in the world; and to inform their minds with some method of reducing the laws whereof there is present controversy unto their first original causes, that so it may be in every particular ordinance, thereby the better discerned, whether the same be reasonable, just, and righteous, or no. Is there any thing which can either be thoroughly understood or soundly judged of, till the very first causes and principles from which originally it springeth be made manifest? If all parts of knowledge have been thought by wise men to be then most orderly delivered and proceeded in, when they are drawn to their first original; seeing that our whole question concerneth the quality of ecclesiastical laws, let it not seem a labor superfluous that in the entrance thereunto all these several kinds of laws have been considered, inasmuch as they all concur as principles, they all have their forcible operations therein, although not all in like apparent and manifest manner. By means whereof it cometh to pass that the force which they have is not observed of many.

Easier a great deal it is for men by law to be taught what they ought to do, than instructed how to judge as they should do of law: the one being a thing which belongeth generally unto all, the other such as none but the wiser and more judicious sort

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can perform. Yea, the wisest are always touching this point the readiest to acknowledge, that soundly to judge of a law is the weightiest thing which any man can take upon him. But if we will give judgment of the laws under which we live, first let that law eternal be always before our eyes, as being of principal force and moment to breed in religious minds a dutiful estimation of all laws, the use and benefit whereof we see; because there can be no doubt but that laws apparently good are (as it were) things copied out of the very tables of that high everlasting law; even as the book of that law. hath said concerning itself, "By me kings reign," and "by me princes decree justice." Not as if men did behold that book and accordingly frame their laws; but because it worketh in them, because it discovereth and (as it were) readeth itself to the world by them, when the laws which they make are righteous. Furthermore, although we perceive not the goodness of laws made, nevertheless sith things in themselves may have that which we peradventure discern not, should not this breed a fear in our hearts how we speak or judge in the worse part concerning that, the unadvised disgrace whereof may be no mean dishonor to Him towards whom we profess all submission and awe? Surely there must be very manifest iniquity in laws, against which we shall be able to justify our contumelious invectives. The chiefest root whereof, when we use them without cause, is ignorance how laws inferior are derived from that supreme or highest law. .

Our largeness of speech how men do find out what things reason bindeth them of necessity to observe, and what it guideth them to choose in things which are left as arbitrary; the care we have had to declare the different nature of laws which severally concern all men, from such as belong unto men either civilly or spiritually associated, such as pertain to the fellowship which nations, or which Christian nations, have amongst themselves, and in the last place such as concerning every or any of these God himself hath revealed by his Holy Word: all serveth but to make manifest, that as the actions of men are of sundry distinct kinds, so the laws thereof must accordingly be distinguished. There are in men operations, some natural, some rational, some supernatural, some politic, some finally ecclesiastical: which if we measure not each

by his own proper law, whereas the things themselves are so different, there will be in our understanding and judgment of them confusion.

As that first error showeth, whereon our opposites in this cause have grounded themselves. For as they rightly maintain that God must be glorified in all things, and that the actions of men cannot tend unto his glory unless they be framed after his law; so it is their error to think that the only law which God hath appointed unto men in that behalf is the sacred Scripture. By that which we work naturally, as when we breathe, sleep, move, we set forth the glory of God as natural agents do, albeit we have no express purpose to make that our end, nor any advised determination therein to follow a law, but do that we do (for the most part) not as much as thinking thereon. In reasonable and moral actions another law taketh place; a law by the observation whereof we glorify God in such sort as no creature else under man is able to do; because other creatures have not judgment to examine the quality of that which is done by them, and therefore in that they do they neither can accuse nor approve themselves. Men do both, as the Apostle teacheth; yea, those men which have no written law of God to show what is good or evil, carry written in their hearts the universal law of mankind, the Law of Reason, whereby they judge as by a rule which God hath given unto all men for that purpose. The law of reason doth somewhat direct men how to honor God as their Creator; but how to glorify God in such sort as is required, to the end he may be an everlasting Savior, this we are taught by divine law, which law both ascertaineth the truth and supplieth unto us the want of that other law. So that in moral actions, divine law helpeth exceedingly the law of reason to guide man's life; but in supernatural it alone guideth.

Proceed we further; let us place man in some public society with others, whether civil or spiritual; and in this case there is no remedy but we must add yet a further law. For although even here likewise the laws of nature and reason be of necessary use, yet somewhat over and besides them is necessary, namely human and positive law, together with that law which is of commerce between grand societies, the law of nations, and of nations Christian. For which cause the law of God hath likewise said, "Let

every soul be subject to the higher powers." The public power of all societies is above every soul contained in the same societies. And the principal use of that power is to give laws unto all that are under it; which laws in such case we must obey, unless there be reason showed which may necessarily enforce that the Law of Reason or of God doth enjoin the contrary. Because except our own private and but probable resolutions be by the law of public determinations overruled, we take away all possibility of sociable life in the world. A plainer example whereof than ourselves we cannot have. How cometh it to pass that we are at this present day so rent with mutual contentions, and that the Church is so much troubled about the polity of the Church? No doubt if men had been willing to learn how many laws their actions in this life are subject unto, and what the true force of each law is, all these controversies might have died the very day they were first brought forth.

It is both commonly said, and truly, that the best men otherwise are not always the best in regard of society. The reason whereof is, for that the law of men's actions is one, if they be respected only as men; and another, when they are considered as parts of a politic body. Many men there are, than whom nothing is more commendable when they are singled; and yet in society with others none less fit to answer the duties which are looked for at their hands. Yea, I am persuaded, that of them with whom in this cause we strive, there are whose betters amongst men would be hardly found, if they did not live amongst men, but in some wilderness by themselves. The cause of which their disposition so unframable unto societies wherein they live, is, for that they discern not aright what place and force these several kinds of laws ought to have in all their actions. Is their question either concerning the regiment of the Church in general, or about conformity between one church and another, or of ceremonies, offices, powers, jurisdictions in our own church? Of all these things they judge by that rule which they frame to themselves with some show of probability, and what seemeth in that sort convenient, the same they think themselves bound to practice; the same by all means they labor mightily to uphold; whatsoever any law of man to the contrary hath determined they weigh it not. Thus by following the law of private reason, where

the law of public should take place, they breed disturbance.

Wherefore that here we may briefly end: of Law there can be no less acknowledged, than that her seat is the bosom of God, her voice the harmony of the world: all things in heaven and earth do her homage, the very least as feeling her care, and the greatest as not exempted from her power: both Angels and men and creatures of what condition soever, though each in different sort and manner, yet all with uniform consent, admiring her as the mother of their peace and joy.

Two COUNSELS ON GOVERNMENT

FRANCIS BACON

[From the Essays]

1. Of Empire

It is a miserable state of mind to have few things to desire, and many things to fear; and yet that commonly is the case of kings, who, being at the highest, want matter of desire, which makes their minds more languishing; and have many representations of perils and shadows, which makes their minds the less clear. And this is one reason also of that effect which the Scripture speaketh of, "that the king's heart is inscrutable." For multitude of jealousies, and lack of some predominant desire that should marshal and put in order all the rest, maketh any man's heart hard to find or sound. Hence it comes, likewise, that princes many times make themselves desires, and set their hearts upon toys: sometimes upon a building, sometimes upon erecting of an order, sometimes upon the advancing of a person, sometimes upon obtaining excellency in some art or feat of the hand, as Nero for playing on the harp, Domitian for certainty of the hand with the arrow, Commodus for playing at fence, Caracalla for driving chariots, and the like. This seemeth incredible unto those that know not the principle, that the mind of man is more cheered and refreshed by profiting in small things, than by standing at a stay in great. We see also that kings that have been fortunate conquerors in their first years, it being not possible for them to go forward infinitely, but that they must have some check or arrest in their fortunes, turn in their latter years to be superstitious and melancholy; as did Alexander the Great, Diocletian, and in our