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A64084 A brief disquisition of the law of nature according to the principles and method laid down in the Reverend Dr. Cumberland's (now Lord Bishop of Peterboroughs) Latin treatise on that subject : as also his confutations of Mr. Hobb's principles put into another method : with the Right Reverend author's approbation. Tyrrell, James, 1642-1718.; Cumberland, Richard, 1631-1718. De legibus naturae disquisitio philosophica. 1692 (1692) Wing T3583; ESTC R23556 190,990 498

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necessary for the Common Good and Preservation and consequently that of all Mankind Sect. 4. A more certain Account of Good and Evil as well Natural as Moral than what Mr. H. hath given us Sect. 5. Mr. H. notwithstanding all he hath said to the contrary acknowledges a Common Good in the state of Nature Sect. 6. The difference between a Natural and a Moral Good and wherein it consists The confounding of these the great cause of Mr. H's Errours in this Matter Sect. 7. Mr. H. sometimes blames this narrow Humour in some men that desire nothing but their own private advantage and likewise confesses that that is a greater good which benefits more persons than what doth good but to a few Sect. 8. That notwithstanding all what Mr. H. hath said to the contrary all rational and good men must acknowledge that to be good which tends to the happiness and preservation of Mankind and which likewise may any ways contribute to effect it That if we do not make the Common Good of Rational Agents the End of all our Actions all our Notions about Moral as well as Natural Good will be various and uncertain Sect. 9. The Heads of the Seventh Principle That the State of Nature is a State of War That all Mr. H's precedent Principles tend only to prove this darling one If therefore those are well answered this Principle must fall His New Reasons in his Leviathan proposed He deduces this state of War from Three Causes in the Nature of Man 1st Competition 2dly Diffidence 3ly Glory Each of which do in their turns make men fall together by the ears A state of War not only that of actual fighting but all that time wherein mens Inclination to it may be certainly known illustrated by a Simile of rainy Weather Sect. 1. Answer to this Argument 'T is first observed that Mr. H. differs in his manner of proving the necessity of this state of War differs in his Leviathan from that in his De Cive Since he here only supposes such a War to be lawful without any other proof Sect. 2. 2 d. Observation That this Author in his Argument here proposed doth still take the Natural state of Man only from his Passions without any consideration of Reason or Experience which is contrary to what he had before laid down when he made Experience any of the Faculties of the Mind Yet that none of these Passions do necessarily and uninevitably hurry men into a State of War Sect. 3. That none of these Persons if governed by Reason ought to incite men to War and that Reason can never perswade men to fall together by the ears out of Competition Sect. 4. That Diffidence of others can never if duly considered be any Motive to make War with all men since such a War is not only destructive in its own nature but also impracticable Sect. 5. Mr. H. appeals to experience of what men do for their own security answered as also his Simile from the Weather Sect. 6 He himself grants that there was never actually throughout the World such a state of War as he describes His instances from the Savage People of America make rather against than for him proved by Authorities of Travellers Sect. 7. His Instance from the practice of Sovereign Powers proved to be of no force Sect. 8. Answer to his Argument from the Passion of Glory which doth not inevitably hurry men to War since it is more often mastered by other greater Passions as Fear of Death Desire of things necessary c. Observation That the same Passions which excite men to War do also with him at other times perswade them to Peace and that those Passions are really the more strong that do so Sect 9. Mr. H's Argument from certain Peculiarities in Humane Nature why men cannot live as sociably with each other as Brutes The 1st Competition for Honours c. Answer No Argument to be drawn from this in the state of Nature Sect. 10. His 2d Reason answered That the Common Good among Brutes differs not from the Private as it does among Men. Sect 11. Answer to his 3d. Instance That Creatures not having the use of Reason do not find fault with the Administration of the Commonwealth That this can be no Argument in the state of Nature before Common-wealths are instituted c. Sect. 12. Answer to his 4th Reason That Brutes have not the use of Speech and so cannót make Good seem Evil and Evil Good Men not in a worse condition than Brutes by reason of Speech but rather in a better Sect. 13. Answer to his 5th Reason That Brutes do not distinguish between Injury and Damage whereas it is otherwise in men Sect. 14. Answer to his last Reason That the agreement of Brutes is natural but in Men artificial Sect. 15. So much granted Mr. H. That men are tormented with divers Passions which Beasts are not And so on the other side men are endued with other Passions which move them more strongly to Concord Sect. 16. A farther Consideration of the absurdity and Inconsistency of this Hypothesis of a Natural state of War Sect. 17. The Heads of the Eighth Principle That mutual Compacts of Fidelity are void in the state of Nature but not so in a Common-wealth His Reason for it Because where Covenants are made upon a mutual trust of future Performances either Party may chuse whether he will perform or not because he is not sure that the other will perform his Part also And of this he is the sole judge But that it is otherwise in a Civil State where there is a Common Power to compel either of them that refuse Sect. 1. The reason apparent why he supposes Civil Sovereigns always in a state of War Sect. 2. Upon these Principles it is altogether in vain for Princes or States to make any Leagues or Treaties of Peace with each other This Notion gives them also a Right of putting to death or making Slaves of Embassadors and all others that come into their Dominions Sect. 3. That upon this Principle of Mr. H's if Compacts do not bind in the state of Nature neither will they be of any force in a Civil State if either all or the major part of the Contractors should have all at once a mind to break them upon pretence that either others do not perform their Parts or that they fear they will not do it Sect. 4. Mr. H. far exceeds his Master Epicurus in this Evil Principle Sect. 5. The Heads of the Ninth Principle The Law of Nature is not truly a Law unless as it is delivered in the Holy Scripture His Reasons for it That though they are Dictates of Reason yet that for want of a Legislator and of sufficient security for those that shall observe them they are not Laws but as delivered in Scripture Sect. 1. That it hath been already proved that this Law of endeavouring the Common Good is the sum of all the Laws of Nature and
aforegoing be observed So that we are taught from the real Natures of things as well as that of Inanimate Bodies after what manner and to what Degree we ought to pursue our own particular Happiness that is only as it conduces to and is included in that of the Common Good of Rational Agents So we are hence also instructed what Actions are prescribed or forbid by the Laws of Nature since such Actions only are thereby commended as promote this great End and the contrary Actions forbidden which disturb or hinder it which is also supposed by all Princes and States in their Deliberations and Treaties of Peace it being that in which they all agree as contributing to their Common Safety and Preservation viz. That the Powers of all the several states concerned should be so justly moderated and equally balanced that none may destroy or oppress each other Thus between neighbouring Nations not Subject to the same Common Power it is chiefly provided in all their Leagues and Treaties that the Forces of each particular Common-wealth should be so equally balanced by the Assistance and Support of their Consederates and Allies that it should be impossible for any one of them to swallow up or destroy another but that there should be still left to each of them Power and means sufficient to preserve themselves and their Subjects in Peace and Safety as being the main ends for which they were at first ordained by God and Instituted by Men. § 7. And as it is proper to all Natural Bodies that whilst they persevere in their own motion there is likewise a necessity they should also contribute and be subservient to the motions of innumerable other Bodies from the general Laws of motion for the Conservation of the Universe and which Rule being also found true in Animals it seems to admonish us not only as meer Animals but rational Agents that we contribute our particular endeavours towards the general Good or Preservation of all those of their own Kind since it is not only a possible effect but also such a one as depending upon Causes so perfect and certain we may with reason believe that it will endure to the end of the World But if we farther add to these Observations those things that distinguish Animate from Inanimate Bodies they will yet more strongly convince us and make us see more sufficient reasons wherefore not so much concerning our selves with other Corporeal Beings we should be chiefly sollicitous in giving our assistance to those of our own Kind First then the Nature of Animate is distinguished from that of Inanimate Bodies by such a fit disposition of parts and an apt conformation of their Natural Organs as suffices for their Generation Sensation Imagination Affections Nourishment and also all spontaneous motions And it is by these Actions that all sorts of Animals endeavour their Conservation and Happiness for the time that is appointed them and thereby procure the Preservation of the whole Species § 8. But I shall not dwell too long upon these common obvious things which are so evident in themselves but shall from hence deduce something more material to our purpose viz. that from the same intrinseck Constitution of all Animals whereby they are determined to this Endeavour of Preserving themselves there are besides given manifest Declarations that Loving and Benevolent Actions towards those of their own Kind are also necessary for their own defence and constitute the happiest State of Life they can enjoy And likewise that it is farther ordained from the same concourse of External and Internal Causes that all Rational Agents cannot but be sensible or mindful of these Indications The first of these Conclusions contains the Sense and Sanction of the Law of Nature as the latter regards its Promulgation or the manner whereby it comes to be made known to us I shall explain each of them in their order § 9. It is therefore first to be observed That the corporeal Bulk even of the largest Animals is contained within a small and narrow compass as also that the space of Time wherein they can live or be preserved is not long From whence it follows That but a few Things and a small quantity of them are really necessary for their Nourishment and Preservation or where there is need of a Concurrence of more of them they are only such as may be freely communicated to many at once whence they are naturally led to desire but a few particular Things but daily stand in need of divers others in common whose use may yet be well communicated to many at once without exhausting their store such as are the free Enjoyment of Air Light Fire Water c. And farther if we consider the Structure of their Bodies we may observe That the same superficies of the Skin which hinders the effusion governs also the Circulation of the Blood and does at the same time fix bounds to those Appetites and Necessities by which they are urged to seek their own Preservation So that those few Things that suffice to repair the vital Flame which daily consumes are likewise sufficient not only for the Conservation of their life and natural strength but also for inabling them to contribute their Help and Assistance to others of the same kind And lastly the Structure and Capacity of the Vessels in which their Aliment is digested and of those that convey the Chyle as also of the Veins and Arteries that receive it being but narrow require but a small quantity to fill them So that I think no Brute can be guilty of Mr. H's Errour of judging or desiring all Things whatever as necessary for its own Preservation since from the intrinseck and constituent Parts of all Animals it plainly appears That but a few Things suffice to allay their Hunger and Thirst and to prevent the Injuries of the Weather And if so few Things are necessary for their Happiness and Preservation they may very well leave the rest of those Products which the Earth so plentifully brings forth to be enjoyed by others of their own kind since the finite quantity of their Bodies limitting their Appetites to the desiring and their Powers only to the using a few necessary Things From this Use and Necessity there arises a natural Division or Appropriation of Things amongst divers Animals of the same kind as I shewed before in the last Chapter The allowance or permission of which Distribution is the Foundation of all that mutual Concord and Benevolence amongst them and which their Nature requires for their Preservation So that if this innate Love or Desire of Self-preservation in Animals be limited after the manner we have now described this once satisfied there can be no Reason why they should withstand or obstruct the Conservation of others of the same kind either by hindring their Enjoyment of those Things which they themselves do not need or in refusing to lend them their Help and Assistance when there is occasion and that it
unto and which is most inseparably conjoyned with his own particular Conservation and Happiness But whereas God hath Created other Creatures to act for their own present Satisfaction and Preservation without any consideration of that of others He hath made man alone not only able to contribute to the good and Preservation of his own kind but hath also made him sensible of this Ability and I shall farther shew in this Discourse that he hath laid a sufficient Obligation on him to exert it § 22. Another faculty of the Rational Soul and only proper to Man as a sociable Creature is That of Speech or expressing our Notions by significant Words or Sounds which though it be not born with us yet however may be reckoned amongst the Natural faculties of Mankind as well as going with two legs since we find no Brute Creatures capable of it though divers of them are endued with Tongues like ours and that divers Birds can pronounce whole Sentences yet have they no notion of what they say whereas there is no Nation though never so Barbarous but hath the use of Speech And to shew you farther how natural some sort of Speech is to Mankind I have heard of two young Gentlemen that were Brothers and I knew one of them my self who though born deaf and consequently dumb yet by often and long Conversation with each other came to frame a certain Language between themselves which though it seemed perfect Gibberish to the standers by yet by the sole motion of their Lips and other signs they perfectly understood each other which was likewise evident from this that in the dark they were not able to converse at all So that this faculty seems to have been bestowed by God on Mankind not for his Preservation as a meer Animal Since divers Brutes are able to subsist for more years without it and therefore seems to be intended to render Man a Sociable Creature and who was by this Faculty to benefit others of his own kind as well as himself for we are not only hereby able to impose certain Arbitrary names to particular things but having first framed Universal Idea's can likewise give names to them as to this general Idea applicable to all particular Men in the World we can give the name of Man and herein consists the main difference between Men and Brutes and not in Ratiocination alone Since I suppose even Brutes have right Idea's of those Objects they have received by their Senses and can likewise inferr or reason right about them As when a Dog by often seeing his Master take down his stick before he goes abroad does thence argue when ever he does so that his going abroad will follow expressing his Joy by barking and leaping yet we cannot find that Brutes have any general or complex Idea's much less names for them having no more but a few Ordinary signs whereby to express their present Appetites and Passions but the main benefit of Speech seems to respect others more than our selves since we are hereby able to instruct them in many Arts and Sciences necessary for their Happiness and Preservation and also to advise and admonish them in all Civil and Moral Duties and there is scarce any one so Brutish who is not sensible that in the exercise of this Faculty consists one of the greatest pleasures of Humane Life viz. Conversation and supposing Men in a state of War I do not see how they could ever well get out of it again were it not for Treaties and Articles of Peace but must like game Cocks and Bulls fight it out till one side were either quite destroyed or forced to run away and quit that Territory or Country where they Liv'd § 23. Nor can we omit another great benefit we receive from Speech viz. the Invention of Letters by which we are not only able to Register our present Thoughts for our own remembrance but can likewise Profit and Instruct not only the present but also all future Generations by Books or Writings as we do now make use of the Knowledge and Experience of those who dyed some Thousands of Years before we were born But since Mr. H. and others have made some Objections against the benefit of Speech and Letters as that they tend oftentimes to promote false Opinions and War amongst Mankind Granting it to be so it is no more an Objection against the benefits we receive by them than it were to say that the Air Water or Food the only means of Life are hurtful to Mankind since by the necessary course of Nature or else our own Intemperance they often become the causes of Plagues Surfeits and divers other diseases whereby Mankind is destroyed Yet since that Author hath made the use of Speech one great Reason why Men cannot live so peaceably as Brutes and therefore fansies they must be in a Natural state of War I shall therefore referr the Answering it to the Second Part since my Intention is not here to Argue but Instruct § 24. Men do also far exceed Brutes in their Rational or discoursive Faculty as appears in the Knowledge of Numbers or Collecting divers single things into one Total Summ which we call Arithmetick so necessary for all Affairs of a Civil Life and the Duties of distributive Justice And though I grant it is an Art and that divers Barbarous Nations want that exact knowledge of it which we have yet by reckoning upon their fingers they have a sufficient use of it as much as is necessary for their purpose or business and if they did but apply their Minds to it I doubt not but that they would arrive to the same perfection in Arithmetick as we do But I look upon this Faculty as peculiar to Mankind since we cannot perceive Brutes to have any knowledge of it Thus if from Bitches or Sows you take away never so many of their Young ones yet if you leave them but one or two they do not miss the rest which shews that they have no Idea's of Numbers whatever they may have of Quantity § 26. To this Observation may likewise be added as a Consequence thereof that Faculty so proper to Mankind of measuring the quantities of Bodies the distances between them and the Proportions they bear to each other which Science we call Geometry or Mathematicks which Arts were certainly invented by Man as a Creature intended for a Sociable Life since on some of these depend most Trades all Commerce Architecture Navigation and most of the Rules of distributive Justice with other Arts needless here to be set down So that whoever will but seriously reflect upon the excellency of these Sciences as well in the certainty of their Demonstrations as in the vast and Stupendious effects they produce cannot but acknowledge that our Rational Faculty exceeds that of Brutes by many degrees § 27. But there yet remain behind two of the greatest Prerogatives of Man's Soul and in respect of which alone he is made a sit
17. in these words But what are divers Commonwealths but so many Garisons fortified against each other with Arms and Ammunition Whose State because they are kept in awe by no common Power altho an uncertain Peace or short Truces may intervene is yet to be accounted for the state of Nature that is for a state of War From all which it is easie to deduce the grievous mischiefs that would thereby happen to mankind For in the first place these Civil Sovereigns he mentions can never be obliged by any Covenants from making War upon and ruining each other nor can be accused for breach of Faith or Infidelity when they do so for being still in the state of Nature that will necessarily follow which he lays down at the end of his former Chapter as the consequences of this state To this War of every man against every man this also is consequent that nothing can be unjust The notions of Right and Wrong Iustice and Injustice have there no place where there is no common Power there is no Law where no Law no Injustice Force and Fraud are in War the two Cardinal Vertues § 3. So that you see upon these Principles it is altogether in vain for Princes to make any Articles or Covenants of Peace with each other no not if they swear to them never so solemnly for in the last words of this Chapter he tells us That the Oath adds nothing to the obligation for a Covenant if lawful binds in the sight of God without the Oath as much as with it if unlawful binds not at all tho it be confirmed with an Oath So that if the Covenant could not oblige the Oath will serve to as little purpose What Princes will thank him for this Doctrine I know not but I hope it is not an Apology for the late actions of any Princes but the Ottoman Emperor and our Christian Grand Signior on the other side the water but if the state of Princes towards each other is so bad that of the Subjects is much worse for from these Principles the safety of all Ambassadors Merchants and Travellers in the Territories of any Prince or State with whom we are at Peace is thereby utterly taken away nor can the Subjects be in a better condition than their Masters for by this Author's determination they are presently Enemies as soon as they come under a Foreign Power For such Princes being always in the state of Nature towards each other it is a part of their Natural Right or Prerogative to force all those that are weaker to give a Caution of their future Obedience and good behaviour unless they will rather suffer Death For nothing can be imagined more absurd than that he who being weak you have in your power by letting him go you may render both strong and your Enemy All which are his own words in his De Cive Cap. 1. § 14. Nor can I understand what he means by a future Caution of Obedience but the Submission of those who are thus seized upon and their coming into the same Commonwealth and subjecting themselves wholly to their Empire who thus lay hold on them For he tells us presently after That a certain and irresistible Power confers a Right of Governing and Ruling those who cannot resist it So that if this Doctrine be true in what an ill condition are Ambassadors and other Strangers in foreign Countries now at League with us any one may easily perceive Well but suppose such Strangers could or would submit themselves absolutely to these Foreign Powers they may yet chuse whether they will accept it since no Law of Nature according to Mr. H's Principles can oblige Foreigners to any outward Acts of Kindness or Mercy towards others who are not of the same Commonwealth since they may either accept of this their Submission or else refuse it and put them to Death tho otherwise never so innocent § 4. But if Compacts with those of different Commonwealths whether Princes or Subjects are of so little force let us see whether they will signify any more among those who having agreed to renounce this State of Nature are willing to transfer all their Power upon one or more Persons and so enter into his Commonwealth Where first I desire you to observe that these Pacts or Covenants by which every Man renounces his Natural Right are still made in the State of Nature in which State it is lawful for any Man to doubt of another's Fidelity but whether a Man justly fears that another will not perform his part he that fears is the only Judge and therefore Mr. H. concludes that every man hath cause to fear whenever he is afraid Which reason if it were of any force would infer that not only those Compacts are invalid in which nothing is performed on either part but also those in which any thing of any moment remains yet to be done by either Party for he who will not keep Faith any longer may when he pleases pretend to be afraid lest the other should break his Faith with him and that very justly whilst he himself is the only Judge of it and therefore his Reason which is always supposed to be right may not only tell him that he need not perform his part of the Covenant but also that it is absolutely void if he thinks fit to make it so But if any one will say that he himself hath prevented this Objection by his Annotation to this Article as also in his Lev. in this Chap. That the Cause of fear which makes such a Covenant invalid must be always something arising after the Covenant made as some new fact or other sign of the Will not to perform else it cannot make the Covenant void For that which could not hinder a Man from promising ought not to be admitted as an hindrance of performing All which tho it be very true yet if what he hath already alledged in his foregoing Section be also true it will not signify any thing because he there tells us that whether it is likely that he will perform or not he who is afraid is the only Judge right or wrong it is all one and therefore this fear of another mans failing in his trust may either arise from his calling to mind the false and evil Disposition of all men which before the Compact he had not well considered or else he may suppose any Act of the other Parties tho never so innocent to be a sufficient sign of his Will not to perform his part Nor is there any thing in the State of Nature which can make such a timerous man secure of the Fidelity of others for the performance of their Compact because as Mr. H. tells us in his De Cive Cap. 5. § 1 2. Cap. 7. § 27. All the hope of security is placed in that a man may prevent all others either openly or by surprise So that altho it appears that the Utility of observing of Compacts be