(f) “But his greatest error is that which I touched before, to make justice to be the proper result of power. Power doth not measure and regulate justice, but justice measures and regulates power. The will of God, and the eternal law which is in God himself, is properly the rule and measure of justice. As all goodness, whether natural or moral, is a participation of divine goodness, and all created rectitude is but a participation of divine rectitude, so all laws are but participations of the eternal law from whence they derive their power. The rule of justice then is the same both in God and us: but it is in God, as in him that doth regulate and measure; in us, as in those who are regulated and measured. As the will of God is immutable, always willing what is just and right and good; so his justice likewise is immutable. And that individual action which is justly punished as sinful in us, cannot possibly proceed from the special influence and determinative power of a just cause. See then how grossly T. H. doth understand that old and true principle, that the will of God is the rule of justice; as if by willing things in themselves unjust, he did render them just by reason of his absolute dominion and irresistible power, as fire doth assimilate other things to itself, and convert them into the nature of fire. This were to make the eternal law a Lesbian rule. Sin is defined to be that which is done, or said, or thought, contrary to the eternal law. But by this doctrine nothing is done, nor said, nor thought, contrary to the will of God. St. Anselm said most truly, ‘then the will of man is good, and just, and right, when he wills that which God would have him to will.’will.’ But according to this doctrine, every man always wills that which God would have him to will. If this be true, we need not pray, Thy will be done in earth as it is in heaven. T. H. hath devised a new kind of heaven upon earth. The worst is, it is an heaven without justice. Justice is a constant and perpetual act of the will, to give every one his own; but to inflict punishment for those things which the judge himself did determine and necessitate to be done, is not to give every one his own; right punitive justice is a relation of equality and proportion between the demerit and the punishment. But supposing this opinion of absolute and universal necessity, there is no demerit in the world. We use to say, that right springs from law and fact; as in this syllogism, every thief ought to be punished, there is the law; but such an one is a thief, there is the fact; therefore he ought to be punished, there is the right. But this opinion of T. H. grounds the right to be punished, neither upon law, nor upon fact, but upon the irresistible power of God. Yea, it overturneth, as much as in it lies, all law; first, the eternal law, which is the ordination of divine wisdom, by which all creatures are directed to that end which is convenient for them, that is, not to necessitate them to eternal flames; then the law participated, which is the ordination of right reason, instituted for the common good, to show unto man what he ought to do, and what he ought not to do. To what purpose is it, to show the right way to him who is drawn and haled a contrary way by adamantine bonds of inevitable necessity?

(g) “Lastly, howsoever T. H. cries out, that God cannot sin, yet in truth he makes him to be the principal and most proper cause of all sin. For he makes him to be the cause, not only of the law and of the action, but even of the irregularity itself, and the difference between the action and the law, wherein the very essence of sin doth consist. He makes God to determine David’s will, and necessitate him to kill Uriah. In causes physically and essentially subordinate, the cause of the cause is evermore the cause of the effect. These are those deadly fruits which spring from the poisonous root of the absolute necessity of all things; which T. H. seeing, and that neither the sins of Esau, nor Pharaoh, nor any wicked person do proceed from the operative, but from the permissive will of God, and that punishment is an act of justice, not of dominion only, I hope that according to his promise he will change his opinion.

ANIMADVERSIONS UPON THE BISHOP’S REPLY NO. XII.

The Bishop had argued in this manner: “If there be no liberty, there shall be no last judgment, no rewards nor punishments after death.” To this I answered, that though God cannot sin, because what he doth, his doing maketh just, and because he is not subject to another’s law, and that therefore it is blasphemy to say that God can sin; yet to say, that God hath so ordered the world that sin may be necessarily committed, is not blasphemy. And I can also further say, though God be the cause of all motion and of all actions, and therefore unless sin be no motion nor action, it must derive a necessity from the first mover; nevertheless it cannot be said that God is the author of sin, because not he that necessitateth an action, but he that doth command and warrant it, is the author. And if God own an action, though otherwise it were a sin, it is now no sin. The act of the Israelites in robbing the Egyptians of their jewels, without God’s warrant had been theft. But it was neither theft, cozenage, nor sin; supposing they knew the warrant was from God. The rest of my answer to that inconvenience, was an opposing to his inconveniences the manifest texts of St. Paul, Rom. ix. The substance of his reply to my answer is this.

(a) “Though punishment were an act of dominion, not of justice, in God; yet this is no sufficient cause why God should deny his own act, or why he should chide or expostulate with men, why they did that which he himself did necessitate them to do.”

I never said that God denied his act, but that he may expostulate with men; and this may be (I shall never say directly, it is) the reason of that his expostulation, viz. to convince them that their wills were not independent, but were his mere gift; and that to do, or not to do, is not in him that willeth, but in God that hath mercy on, or hardeneth whom he will. But the Bishop interpreteth hardening to be a permission of God. Which is to attribute to God in such actions no more than he might have attributed to any of Pharaoh’s servants, the not persuading their master to let the people go. And whereas he compares this permission to the indulgence of a parent, that by his patience encourageth his son to become more rebellious, which indulgence is a sin; he maketh God to be like a sinful man. And indeed it seemeth that all they that hold this freedom of the will, conceive of God no otherwise than the common sort of Jews did, that God was like a man, that he had been seen by Moses, and after by the seventy elders (Exod. xxiv. 10); expounding that and other places literally. Again he saith, that God is said to harden the heart permissively, but not operatively; which is the same distinction with his first, namely negatively, not positively, and with his second, occasionally, and not causally. So that all his three ways how God hardens the heart of wicked men, come to this one of permission; which is as much as to say, God sees, looks on, and does nothing, nor ever did anything, in the business. Thus you see how the Bishop expoundeth St. Paul. Therefore I will leave the rest of his commentary upon Rom. ix. to the judgment of the reader, to think of the same as he pleaseth.

(b) “Yet I do acknowledge that which T. H. saith, ‘that he who doth permit anything to be done, which it is in his power to hinder, knowing that if he do not hinder it, it will be done, doth in some sort will it;’ I say in some sort, that is either by an antecedent will, or by a consequent will; either by an operative will, or by a permissive will; or he is willing to let it be done, but not willing to do it.”

Whether it be called antecedent, or consequent, or operative, or permissive, it is enough for the necessity of the thing that the heart of Pharaoh should be hardened; and if God were not willing to do it, I cannot conceive how it could be done without him.

(c) “T. H. demands how God should be the cause of the action, and yet not be the cause of the irregularity of the action? I answer, because he concurs to the doing of evil by a general, but not by a special, influence.”

I had thought to pass over this place, because of the nonsense of general and special influence. Seeing he saith that God concurs to the doing of evil, I desire the reader would take notice, that if he blame me for speaking of God as of a necessitating cause, and as it were a principal agent in the causing of all actions, he may with as good reason blame himself for making him by concurrence an accessory to the same. And indeed, let men hold what they will contrary to the truth, if they write much, the truth will fall into their pens. But he thinks he hath a similitude, which will make this permissive will a very clear business. “The earth,” saith he, “gives nourishment to all kinds of plants, as well to hemlock as to wheat; but the reason why the one yields food to our sustenance, the other poison to our destruction, is not from the general nourishment of the earth, but from the special quality of the root.” It seemeth by this similitude, he thinketh, that God doth, not operatively, but permissively will that the root of hemlock should poison the man that eateth it, but that wheat should nourish him he willeth operatively; which is very absurd; or else he must confess that the venomous effects of wicked men are willed operatively.

(d) “Wherefore“Wherefore T. H. is mightily mistaken, to make the particular and determinate act of killing Uriah to be from God. The general power to act, is from God; but the specification of this general and good power, to murder, or to any particular evil, is not from God, but from the free will of man.”

But why am I so mightily mistaken? Did not God foreknow that Uriah in particular, should be murdered by David in particular? And what God foreknoweth shall come to pass, can that possibly not come so to pass? And that which cannot possibly not come to pass, doth not that necessarily come to pass? And is not all necessity from God? I cannot see this great mistake. “The general power,” saith he, “to act is from God, but the specification to do this act upon Uriah, is not from God, but from free-will.” Very learnedly. As if there were a power that were not the power to do some particular act; or a power to kill, and yet to kill nobody in particular. If the power be to kill, it is to kill that which shall be by that power killed, whether it be Uriah or any other; and the giving of that power, is the application of it to the act; nor doth power signify anything actually, but those motions and present acts from which the act that is not now, but shall be hereafter, necessarily proceedeth. And therefore this argument is much like that which used heretofore to be brought for the defence of the divine right of the bishops to the ordination of ministers. They derive not, say they, the right of ordination from the civil sovereign, but from Christ immediately. And yet they acknowledge that it is unlawful for them to ordain, if the civil power do forbid them. But how have they right to ordain, when they cannot do it lawfully? Their answer is, they have the right, though they may not exercise it; as if the right to ordain, and the right to exercise ordination, were not the same thing. And as they answer concerning right, which is legal power, so the Bishop answereth concerning natural power, that David had a general power to kill Uriah from God, but not a power of applying this power in special to the killing of Uriah from God, but from his own free will; that is, he had a power to kill Uriah, but not to exercise it upon Uriah, that is to say, he had a power to kill him, but not to kill him, which is absurd.

(e) “But if the case be put why God doth punish one more than another, or why he throws one into hell fire, and not another, which is the present case between us; to say with T. H., that it is because God is omnipotent, or because his power is irresistible, or merely because it is his pleasure, is not only not warranted, but is plainly condemned by St. Paul in this place.”

I note first, that he hath no reason to say, the case agitated between us is, whether the cause why God punisheth one man more than another, be his irresistible power, or man’s sin. The case agitated between us is, whether a man can now choose what shall be his will anon, or at any time hereafter. Again, it is not true that he says, it is my opinion that the irresistible power of God is the cause why he punisheth one more than another. I say only that when he doth so, the irresistible power is enough to make it not unjust. But that the cause why God punisheth one more than another, is many times the will he hath to show his power, is affirmed in this place by St. Paul, Shall the thing formed, say to him that formed it, &c. And by our Saviour in the case of him that was born blind, where he saith, Neither hath this man sinned nor his parents; but that the works of God may be made manifest. And by the expostulation of God with Job. This endeavour of his to bring the text of St. Paul to his purpose, is not only frustrate, but the cause of many insignificant phrases in his discourse; as this: “It was in their own power, by their concurrence with God’s grace, to prevent these judgments, and to recover their former estates,” which is as good sense, as if he should say, that it is in his own power, with the concurrence of the sovereign power of England, to be what he will. And this, that “God may oblige himself freely to his creature.” For he that can oblige, can also, when he will, release; and he that can release himself when he will, is not obliged. Besides this, he is driven to words ill-becoming him that is to speak of God Almighty; for he makes him unable to do that which hath been within the ordinary power of men to do. “God,” he saith, “cannot destroy the righteous with the wicked;” which nevertheless is a thing ordinarily done by armies: and “He could not destroy Sodom while Lot was in it;” which he interpreteth, as if he could not do it lawfully. One text is Genesis xviii. 23, 24, 25. There is not a word that God could not destroy the righteous with the wicked. Only Abraham saith (as a man): Shall not the Judge of all the earth do right? Another is Genesis 22)22): Haste thee, escape thither; for I cannot do any thing till thou be come thither. Which is an ordinary phrase, in such a case where God had determined to burn the city and save a particular man, and signifieth not any obligation to save Lot more than the rest. Likewise concerning Job, who, expostulating with God, was answered only with the explication of the infinite power of God, the Bishop answereth, that there is never a word of Job’s being punished without desert; which answer is impertinent. For I say not that he was punished without desert, but that it was not for his desert that he was afflicted; for punished, he was not at all.

And concerning the blind man, (John ix.), who was born blind, that the power of God might be shewn in him; he answers that it was not a punishment, but a blessing. I did not say it was a punishment; certainly it was an affliction. How then doth he call it a blessing? Reasonably enough: “because,” saith he, “it was the means to raise his soul illuminated, and to bring him to see the face of God in Jesus Christ. The sight of the body is common to us with ants and flies, but the sight of the soul, with the blessed angels.” This is very well said; for no man doubts but some afflictions may be blessings; but I doubt whether the Bishop, that says he reads of some who have put out their bodily eyes, because they thought they were an impediment to the eye of the soul, think that they did well. To that where I say that brute beasts are afflicted which cannot sin, he answereth, that “there is a vast difference between those light and momentary pangs, and the unsufferable and endless pains of hell.” As if the length or the greatness of the pain, made any difference in the justice or injustice of the inflicting it.

(f) “But his greatest error is that which I touched before, to make justice to be the proper result of power.”

He would make men believe, I hold all things to be just, that are done by them who have power enough to avoid the punishment. This is one of his pretty little policies, by which I find him in many occasions to take the measure of his own wisdom. I said no more, but that the power, which is absolutely irresistible, makes him that hath it above all law, so that nothing he doth can be unjust. But this power can be no other than the power divine. Therefore let him preach what he will upon his mistaken text, I shall leave it to the reader to consider of it, without any further answer.

(g) “Lastly, howsoever T. H. cries out that God cannot sin, yet in truth he makes him to be the principal and most proper cause of all sin. For he makes him to be the cause not only of the law, and of the action, but even of the irregularity itself, &c. wherein the very essence of sin doth consist.”

I think there is no man but understands, no, not the Bishop himself, but that where two things are compared, the similitude or dissimilitude, regularity or irregularity, that is between them, is made in and by the making of the things themselves that are compared. The Bishop, therefore, that denies God to be the cause of the irregularity, denies him to be the cause both of the law and of the action. So that by his doctrine, there shall be a good law whereof God shall be no cause, and an action, that is, a local motion that shall depend upon another first mover that is not God. The rest of this number is but railing.

PROOFS OF LIBERTY DRAWN FROM REASON. NO. XIII.

The Bishop’s reply.

J. D. “The first argument is Herculeum or baculinum, drawn from that pleasant passage between Zeno and his man. The servant had committed some petty larceny, and the master was cudgelling him well for it. The servant thinks to creep under his master’s blind side, and pleads for himself that ‘the necessity of destiny did compel him to steal.’ The master answers, ‘the same necessity of destiny compels me to beat thee.’ He that denies liberty, is fitter to be refuted with rods than with arguments, until he confess that it is free for him that beats him, either to continue striking, or to give over, that is, to have true liberty.”

T. H. Of the arguments from reason, the first is that which he saith is drawn from Zeno’s beating of his man, which is therefore called argumentum baculinum, that is to say, a wooden argument. The story is this. Zeno held that all actions were necessary. His man therefore, being for some fault beaten, excused himself upon the necessity of it. To avoid this excuse, his master pleaded likewise the necessity of beating him. So that not he that maintained, but he that derided the necessity of things, was beaten; contrary to that he would infer; and the argument was rather withdrawn, than drawn, from the story.

J. D. “Whether the argument be withdrawn from the story, or the answer withdrawn from the argument, let the reader judge. T. H. mistakes the scope of the reason, the strength whereof doth not lie, neither in the authority of Zeno, a rigid Stoic, which is not worth a button in this cause; nor in the servant’s being an adversary to stoical necessity. For it appears not out of the story, that the servant did deride necessity, but rather that he pleaded it in good earnest for his own justification. Now in the success of the fray, we were told even now, that no power doth justify an action, but only that which is irresistible. Such was not Zeno’s. And therefore it advantageth neither of their causes, neither that of Zeno, nor this of T. H. What if the servant had taken the staff out of his master’s hand, and beaten him soundly, would not the same argument have served the man as well as it did the master, that the necessity of destiny did compel him to strike again? Had not Zeno smarted justly for his paradox? And might not the spectators well have taken up the judge’s apothegm, concerning the dispute between Corax and his scholar, ‘an ill egg of an ill bird’? But the strength of this argument lies partly in the ignorance of Zeno, that great champion of necessity, and the beggarliness of his cause, which admitted no defence but with a cudgel. No man, saith the servant, ought to be beaten for doing that which he is compelled inevitably to do: but I am compelled inevitably to steal. The major is so evident, that it cannot be denied. If a strong man shall take a weak man’s hand per force, and do violence with it to a third person, he whose hand is forced, is innocent, and he only culpable who compelled him. The minor was Zeno’s own doctrine; what answer made the great patron of destiny to his servant? very learnedly he denied the conclusion, and cudgelled his servant; telling him in effect, that though there was no reason why he should be beaten, yet there was a necessity why he must be beaten. And partly in the evident absurdity of such an opinion, which deserves not to be confuted with reasons, but with rods. There are four things, said the philosopher, which ought not to be called into question. First, such things whereof it is wickedness to doubt; as whether the soul be immortal, whether there be a God, such an one should not be confuted with reasons, but cast into the sea with a mill-stone about his neck, as unworthy to breathe the air, or to behold the light. Secondly, such things as are above the capacity of reason; as among Christians, the mystery of the Holy Trinity. Thirdly, such principles as are evidently true; as that two and two are four, in arithmetic; that the whole is greater than the part, in logic. Fourthly, such things as are obvious to the senses; as whether the snow be white. He who denied the heat of the fire, was justly sentenced to be scorched with fire; and he that denied motion, to be beaten until he recanted. So he who denies all liberty from necessitation, should be scourged until he become an humble suppliant to him that whips him, and confess that he hath power, either to strike, or to hold his hand.”

T. H. In this Number XIII. which is about Zeno and his man, there is contained nothing necessary to the instruction of the reader. Therefore I pass it over.

NO. XIV.

The Bishop’s reply.

J. D. “Secondly, this very persuasion that there is no true liberty, is able to overthrow all societies and commonwealths in the world. The laws are unjust, which prohibit that which a man cannot possibly shun. All consultations are vain, if every thing be either necessary or impossible. Who ever deliberated whether the sun should rise to-morrow, or whether he should sail over mountains? It is to no more purpose to admonish men of understanding than fools, children, or madmen, if all things be necessary. Praises and dispraises, rewards and punishments, are as vain as they are undeserved, if there be no liberty. All counsels, arts, arms, books, instruments, are superfluous and foolish, if there be no liberty. In vain we labour, in vain we study, in vain we take physic, in vain we have tutors to instruct us, if all things come to pass alike, whether we sleep or wake, whether we be idle or industrious, by unalterable necessity. But it is said, that though future events be certain, yet they are unknown to us: and therefore we prohibit, deliberate, admonish, praise, dispraise, reward, punish, study, labour, and use means. Alas! how should our not knowing of the event, be a sufficient motive to us to use the means, so long as we believe the event is already certainly determined, and can no more be changed by all our endeavours, than we can stay the course of heaven with our finger, or add a cubit to our stature? Suppose it be unknown, yet it is certain. We cannot hope to alter the course of things by our labours; let the necessary causes do their work, we have no remedy but patience, and shrug up the shoulders. Either allow liberty, or destroy all societies.”

T. H. The second argument is taken from certain inconveniences which he thinks would follow such an opinion. It is true that ill use may be made of it, and therefore your Lordship and J. D. ought, at my request, to keep private that I say here of it. But the inconveniences are indeed none; and what use soever be made of truth, yet truth is truth; and now the question is, not what is fit to be preached, but what is true. The first inconvenience he says is this, that laws which prohibit any action are then unjust. The second, that all consultationsconsultations are vain. The third, that admonitions to men of understanding, are of no more use than to fools, children, and madmen. The fourth, that praise, dispraise, reward, and punishment, are in vain. The fifth, that counsels, arts, arms, books, instruments, study, tutors, medicines, are in vain. To which argument, expecting I should answer by saying, that the ignorance of the event were enough to make us use means, he adds (as it were a reply to my answer foreseen) these words: “Alas, how should our not knowing of the event be a sufficient motive to make us use the means?” Wherein he saith right; but my answer is not that which he expecteth. I answer,

First, that the necessity of an action doth not make the law which prohibits it unjust. To let pass, that not the necessity, but the will to break the law, maketh the action unjust, because the law regardeth the will, and no other precedent causes of action; and to let pass, that no law can be possibly unjust, in as much as every man makes, by his consent, the law he is bound to keep, and which, consequently, must be just, unless a man can be unjust to himself: I say, what necessary cause soever precedes an action, yet, if the action be forbidden, he that doth it willingly, may justly be punished. For instance, suppose the law on pain of death prohibit stealing, and there be a man who by the strength of temptation is necessitated to steal, and is thereupon put to death: does not this punishment deter others from theft? Is it not a cause that others steal not? Doth it not frame and make their will to justice? To make the law is therefore to make a cause of justice, and to necessitate justice; and consequently it is no injustice to make such a law.

The institution of the law is not to grieve the delinquent for that which is passed and not to be undone; but to make him and others just, that else would not be so: and respecteth not the evil act past, but the good to come. Insomuch as without this good intention of future, no past act of a delinquent could justify his killing in the sight of God. But, you will say, how is it just to kill one man to amend another, if what was done were necessary? To this I answer, that men are justly killed, not for that their actions are not necessitated, but that they are spared and preserved, because they are not noxious; for where there is no law, there no killing, nor any thing else can be unjust. And by the right of nature we destroy, without being unjust, all that is noxious, both beasts and men. And for beasts, we kill them justly, when we do it in order to our own preservation. And yet J. D. confesseth, that their actions, as being only spontaneous and not free, are all necessitated and determined to that one thing which they shall do. For men, when we make societies or commonwealths, we lay down our right to kill, excepting in certain cases, as murder, theft, or other offensive actions. So that the right which the commonwealth hath, to put a man to death for crimes, is not created by the law, but remains from the first right of nature, which every man hath to preserve himself; for the law doth not take that right away, in case of criminals, who were by law excepted. Men are not therefore put to death or punished, for that their theft proceedeth from election; but because it was noxious and contrary to men’s preservation, and the punishment conducing to the preservation of the rest: inasmuch as to punish those that do voluntary hurt, and none else, frameth and maketh men’s wills, such as men would have them. And thus it is plain, that from the necessity of a voluntary action cannot be inferred the injustice of the law that forbiddeth it, or of the magistrate that punisheth it.

Secondly, I deny that it makes consultations to be in vain; it is the consultation that causeth a man, and necessitateth him, to choose to do one thing rather than another. So that unless a man say that cause to be in vain, which necessitateth the effect, he cannot infer the superfluousness of consultation out of the necessity of the election proceeding from it. But it seems he reasons thus: If I must needs do this rather than that, then I shall do this rather than that, though I consult not at all; which is a false proposition, a false consequence, and no better than this: If I shall live till to-morrow, I shall live till to-morrow, though I run myself through with a sword to-day. If there be a necessity that an action shall be done, or that any effect shall be brought to pass, it does not therefore follow that there is nothing necessarily required as a means to bring it to pass. And therefore, when it is determined that one thing shall be chosen before another, it is determined also for what cause it shall be chosen; which cause, for the most part, is deliberation or consultation. And therefore consultation is not in vain; and indeed the less in vain, by how much the election is more necessitated.

The same answer is to be given to the third supposed inconvenience; namely, that admonitions are in vain; for admonitions are parts of consultations; the admonitor being a counsellor, for the time, to him that is admonished.

The fourth pretended inconvenience is, that praise and dispraise, reward and punishment, will be in vain. To which I answer, that for praise and dispraise, they depend not at all on the necessity of the action praised or dispraised. For, what is it else to praise, but to say a thing is good? Good, I say, for me, or for somebody else, or for the state and commonwealth. And what is it to say an action is good, but to say, it is as I would wish, or as another would have it, or according to the will of the state, that is to say, according to law? Does J. D. think, that no action can please me or him, or the commonwealth, that should proceed from necessity?

Things may be therefore necessary and yet praiseworthy, as also necessary and yet dispraised, and neither of both in vain; because praise and dispraise, and likewise reward and punishment, do by example make and conform the will to good or evil. It was a very great praise, in my opinion, that Velleius Paterculus gives Cato, where he says, he was good by nature, et quia aliter esse non potuit.

To his fifth and sixth inconvenience, that counsels, arts, arms, books, instruments, study, medicines, and the like, would be superfluous, the same answer serves that to the former; that is to say, that this consequence, if the effect shall necessarily come to pass, then it shall come to pass without its cause, is a false one. And those things named, counsels, arts, arms, &c., are the causes of those effects.

J. D. “Nothing is more familiar with T. H. than to decline an argument. But I will put it into form for him. (a) The first inconvenience is thus pressed. Those laws are unjust and tyrannical, which do prescribe things absolutely impossible in themselves to be done, and punish men for not doing of them. But supposing T. H’s opinion of the necessity of all things to be true, all laws do prescribe absolute impossibilities to be done, and punish men for not doing of them. The former proposition is so clear that it cannot be denied. Just laws are the ordinances of right reason; but those laws which prescribe absolute impossibilities, are not the ordinances of right reason. Just laws are instituted for the public good; but those laws which prescribe absolute impossibilities, are not instituted for the public good.good. Just laws do show unto a man what is to be done, and what is to be shunned; but those laws which prescribe impossibilities, do not direct a man what he is to do, and what he is to shun. The minor is as evident. For if his opinion be true, all actions, all transgressions are determined antecedently inevitably to be done by a natural and necessary flux of extrinsical causes. Yea, even the will of man, and the reason itself is thus determined. And therefore whatsoever laws do prescribe any thing to be done, which is not done, or to be left undone which is done, do prescribe absolute impossibilities, and punish men for not doing of impossibilities. In all his answer there is not one word to this argument, but only to the conclusion. He saith, that ‘not the necessity, but the will to break the law makes the action unjust.’ I ask what makes the will to break the law; is it not his necessity? What gets he by this? A perverse will causeth injustice, and necessity causeth a perverse will. He saith, ‘the law regardeth the will, but not the precedent causes of action.’ To what proposition, to what term is this answer? He neither denies nor distinguisheth. First, the question here is not what makes actions to be unjust, but what makes laws to be unjust. So his answer is impertinent. It is likewise untrue. For first, that will which the law regards, is not such a will as T. H. imagineth. It is a free will, not a determined necessitated will; a rational will, not a brutish will. Secondly, the law doth look upon precedent causes, as well as the voluntariness of the action. If a child, before he be seven years old or have the use of reason, in some childish quarrel do willingly stab another, whereof we have seen experience, yet the law looks not upon it as an act of murder; because there wanted a power to deliberate, and consequently true liberty. Manslaughter may be as voluntary as murder, and commonly more voluntary; because being done in hot blood there is the less reluctation. Yet the law considers, that the former is done out of some sudden passion without serious deliberation, and the other out of prepensed malice and desire of revenge; and therefore condemns murder, as more wilful and more punishable than manslaughter.”

(b) “He saith, ‘that no law can possibly be unjust;’ and I say, that this is to deny the conclusion, which deserves no reply. But to give him satisfaction, I will follow him in this also, if he intended no more but that unjust laws are not genuine laws, nor bind to active obedience, because they are not the ordinations of right reason, not instituted for the common good, nor prescribe that which ought to be done; he said truly, but nothing at all to his purpose. But if he intend, as he doth, that there are no laws de facto, which are the ordinances of reason erring, instituted for the common hurt, and prescribing that which ought not to be done, he is much mistaken. Pharaoh’s law, to drown the male children of the Israelites (Exod. i. 22); Nebuchadnezzar’s law, that whosoever did not fall down and worship the golden image which he had set up, should be cast into the fiery furnace (Dan. iii. 4-6); Darius’s law, that whosoever should ask a petition of any God or man for thirty days, save of the king, should be cast into the den of lions (Dan. vi. 7); Ahasuerus’s law, to destroy the Jewish nation, root and branch (Esther iii. 13); the Pharisees’ law, that whosoever confesseth Christ, should be excommunicated (John ix. 22); were all unjust laws.

(c) “The ground of this error is as great an error itself (such an art he hath learned of repacking paradoxes); which is this, ‘that every man makes by his consent the law which he is bound to keep.’ If this were true, it would preserve them, if not from being unjust, yet from being injurious. But it is not true. The positive law of God, contained in the Old and New Testament; the law of nature, written in our hearts by the finger of God; the laws of conquerors, who come in by the power of the sword; the laws of our ancestors, which were made before we were born; do all oblige us to the observation of them; yet to none of all these did we give our actual consent. Over and above all these exceptions, he builds upon a wrong foundation, that all magistrates at first were elective. The first governors were fathers of families; and when those petty princes could not afford competent protection and security to their subjects, many of them did resign their several and respective interests into the hands of one joint father of the country.

“And though his ground had been true, that all first legislators were elective, which is false; yet his superstructure fails: for it was done in hope and trust that they would make just laws. If magistrates abuse this trust, and deceive the hopes of the people by making tyrannical laws, yet it is without their consent. A precedent trust doth not justify the subsequent errors and abuses of a trustee. He who is duly elected a legislator, may exercise his legislative power unduly. The people’s implicit consent doth not render the tyrannical laws of their legislators to be just.

(d) “But his chiefest answer is, that ‘an action forbidden, though it proceed from necessary causes, yet if it were done willingly, it may be justly punished;’ which, according to his custom, he proves by an instance. ‘A man necessitated to steal by the strength of temptation, yet if he steal willingly, is justly put to death.’ Here are two things, and both of them untrue.

“First, he fails in his assertion. Indeed we suffer justly for those necessities, which we ourselves have contracted by our own fault; but not for extrinsical antecedent necessities, which were imposed upon us without our fault. If that law do not oblige to punishment, which is not intimated, because the subject is invincibly ignorant of it; how much less that law which prescribes absolute impossibilities: unless perhaps invincible necessity be not as strong a plea as invincible ignorance. That which he adds, ‘if it were done willingly,’ though it be of great moment, if it be rightly understood, yet in his sense, that is, if a man’s ‘will be not in his own disposition,’ and ‘if his willing do not come upon him according to his will, nor according to anything else in his power,’ it weighs not half so much as the least feather in all his horse-load. For if that law be unjust and tyrannical which commands a man to do that which is impossible for him to do, then that law is likewise unjust and tyrannical, which commands him to will that which is impossible for him to will.

“Secondly, his instance supposeth an untruth, and is a plain begging of the question. No man is extrinsically, antecedently, and irresistibly necessitated by temptation to steal. The devil may solicit us, but he cannot necessitate us. He hath a faculty of persuading, but not a power of compelling. Nos ignem habemus, spiritus flammam ciet; as Gregory Nazianzen, he blows the coals, but the fire is our own. Mordet duntaxat sese in fauces illius objicientem; as St. Austin, he bites not, until we thrust ourselves into his mouth. He may propose, he may suggest, but he cannot move the will effectively. Resist the devil, and he will flee from you (James iv. 7). By faith we are able to quench all the fiery darts of the wicked (Ephes. vi. 16). And if Satan, who can both propose the object, and choose out the fittest times and places to work upon our frailties, and can suggest reasons, yet cannot necessitate the will, (which is most certain); then much less can outward objects do it alone. They have no natural efficacy to determine the will. Well may they be occasions, but they cannot be causes of evil. The sensitive appetite may engender a proclivity to steal, but not a necessity to steal. And if it should produce a kind of necessity, yet it is but moral, not natural; hypothetical, not absolute; coexistent, not antecedent from ourselves, nor extrinsical. This necessity, or rather proclivity, was free in its causes; we ourselves by our own negligence in not opposing our passions when we should and might, have freely given it a kind of dominion over us. Admit that some sudden passions may and do extraordinarily surprise us; and therefore we say, motus primo primi, the first motions are not always in our power, neither are they free: yet this is but very rarely, and it is our own fault that they do surprise us. Neither doth the law punish the first motion to theft, but the advised act of stealing. The intention makes the thief. But of this more largely No. XXV.

(e) “He pleads moreover, ‘That the law is a cause of justice,’ that ‘it frames the wills of men to justice,’ and ‘that the punishment of one doth conduce to the preservation of many.’ All this is most true of a just law justly executed. But this is no God-a-mercy to T. H.’s opinion of absolute necessity. If all actions and all events be predetermined naturally, necessarily, extrinsically, how should the law frame men morally to good actions? He leaves nothing for the law to do, but either that which is done already, or that which is impossible to be done. If a man be chained to every individual act which he doth, and from every act which he doth not, by indissolvable bonds of inevitable necessity, how should the law either deter him or frame him? If a dog be chained fast to a post, the sight of a rod cannot draw him from it. Make a thousand laws that the fire shall not burn, yet it will burn. And whatsoever men do, according to T. H., they do it as necessarily as the fire burneth. Hang up a thousand thieves, and if a man be determined inevitably to steal, he must steal notwithstanding.

(f) “He adds, that ‘the sufferings imposed by the law upon delinquents, respect not the evil act passed, but the good to come, and that the putting of a delinquent to death by the magistrate for any crime whatsoever, cannot be justified before God, except there be a real intention to benefit others by his example.’ The truth is, the punishing of delinquents by law, respecteth both the evil act passed and the good to come. The ground of it, is the evil act passed, the scope or end of it, is the good to come. The end without the ground cannot justify the act. A bad intention may make a good action bad; but a good intention cannot make a bad action good. It is not lawful to do evil that good may come of it, nor to punish an innocent person for the admonition of others; that is to fall into a certain crime for fear of an uncertain. Again, though there were no other end of penalties inflicted, neither probatory, nor castigatory, nor exemplary, but only vindicatory, to satisfy the law out of a zeal of justice by giving to every one his own, yet the action is just and warrantable. Killing, as it is considered in itself, without all undue circumstances, was never prohibited to the lawful magistrate, who is the vice-gerent or lieutenant of God, from whom he derives his power of life and death.

“T. H. hath one plea more. As a drowning man catcheth at every bulrush, so he lays hold on every pretence to save a desperate cause. But first, it is worth our observation to see how oft he changeth shapes in this one particular. (g) First, he told us, that it was the irresistible power of God that justifies all his actions, though he command one thing openly, and plot another thing secretly, though he be the cause not only of the action, but also of the irregularity; though he both give man power to act, and determine this power to evil as well as good; though he punish the creatures, for doing that which he himself did necessitate them to do. But being pressed with reason, that this is tyrannical, first to necessitate a man to do his will, and then to punish him for doing of it, he leaves this pretence in the plain field, and flies to a second; that therefore a man is justly punished for that which he was necessitated to do, because the act was voluntary on his part. This hath more show of reason than the former, if he did make the will of man to be in his own disposition; but maintaining that the will is irresistibly determined to will whatsoever it doth will, the injustice and absurdity is the same, first to necessitate a man to will, and then to punish him for willing. The dog only bites the stone which is thrown at him with a strange hand, but they make the first cause to punish the instrument for that which is his own proper act. Wherefore not being satisfied with this, he casts it off and flies to his third shift. ‘Men are not punished,’ saith he, ‘therefore, because their theft proceeded from election,’ (that is, because it was willingly done, for to elect and will, saith he, are both one; is not this to blow hot and cold with the same breath?) ‘but because it was noxious and contrary to men’s preservation.’ Thus far he saith true, that every creature by the instinct of nature seeks to preserve itself: cast water into a dusty place, and it contracts itself into little globes, that is to preserve itself. And those who are noxious in the eye of the law, are justly punished by them to whom the execution of the law is committed; but the law accounts no persons noxious, but those who are noxious by their own fault. It punisheth not a thorn for pricking, because it is the nature of the thorn, and it can do no otherwise, nor a child, before it have the use of reason. If one should take my hand perforce and give another a box on the ear with it, my hand is noxious, but the law punisheth the other who is faulty. And therefore he hath reason to propose the question, ‘how it is just to kill one man to amend another, if he who killed did nothing but what he was necessitated to do.’ He might as well demand, how it is lawful to murder a company of innocent infants, to make a bath of their lukewarm blood for curing the leprosy. It had been a more rational way, first to have demonstrated that it is so, and then to have questioned why it is so. His assertion itself is but a dream, and the reason which he gives of it why it is so, is a dream of a dream.

“The sum of it is this; ‘that where there is no law, there no killing or any thing else can be unjust; that before the constitution of commonwealths, every man had power to kill another, if he conceived him to be hurtful to him; that at the constitution of commonwealths, particular men lay down this right in part, and in part reserve it to themselves, as in case of theft or murder; that the right which the commonwealth hath to put a malefactor to death, is not created by the law, but remaineth from the first right of nature which every man hath to preserve himself; that the killing of men in this case is as the killing of beasts in order to our own preservation.’ This may well be called stringing of paradoxes.

“But first, (h) there never was any such time when mankind was without governors and laws, and societies. Paternal government was in the world from the beginning, and the law of nature. There might be sometimes a root of such barbarous thievish brigands, in some rocks or deserts, or odd corners of the world; but it was an abuse and a degeneration from the nature of man, who is a political creature. This savage opinion reflects too much upon the honour of mankind.

“Secondly, there never was a time when it was lawful, ordinarily, for private men to kill one another for their own preservation. If God would have had men live like wild beasts, as lions, bears, or tigers, he would have armed them with horns, or tusks, or talons, or pricks; but of all creatures man is born most naked, without any weapon to defend himself, because God had provided a better means of security for him, that is, the magistrate.

“Thirdly, that right which private men have to preserve themselves, though it be with the killing of another, when they are set upon to be murdered or robbed, is not a remainder or a reserve of some greater power which they have resigned, but a privilege which God hath given them, in case of extreme danger and invincible necessity, that when they cannot possibly have recourse to the ordinary remedy, that is, the magistrate, every man becomes a magistrate to himself.

“Fourthly, nothing can give that which it never had. The people, whilst they were a dispersed rabble, (which in some odd cases might happen to be), never had justly the power of life and death, and therefore they could not give it by their election. All that they do is to prepare the matter, but it is God Almighty that infuseth the soul of power.

“Fifthly and lastly, I am sorry to hear a man of reason and parts to compare the murdering of men with the slaughtering of brute beasts. The elements are for the plants, the plants for the brute beasts, the brute beasts for man. When God enlarged his former grant to man, and gave him liberty to eat the flesh of his creatures for his sustenance, (Gen. ix. 3), yet man is expressly excepted (verse 6): Whoso sheddeth man’s blood, by man shall his blood be shed. And the reason is assigned, for in the image of God made he man. Before sin entered into the world, or before any creatures were hurtful or noxious to man, he had dominion over them as their lord and master. And though the possession of this sovereignty be lost in part, for the sin of man, which made not only the creatures to rebel, but also the inferior faculties to rebel against the superior, from whence it comes that one man is hurtful to another; yet the dominion still remains. Wherein we may observe how sweetly the providence of God doth temper this cross; that though the strongest creatures have withdrawn their obedience, as lions and bears, to shew that man hath lost the excellency of his dominion, and the weakest creatures, as flies and gnats, to shew into what a degree of contempt he is fallen; yet still the most profitable and useful creatures, as sheep and oxen, do in some degree retain their obedience.

(i) “The next branch of his answer concerns consultations, ‘which,’ saith he, ‘are not superfluous, though all things come to pass necessarily, because they are the cause which doth necessitate the effect, and the means to bring it to pass.’ We were told (No. XI.) ‘that the last dictate of right reason was but as the last feather which breaks the horse’s back. It is well yet, that reason hath gained some command again, and is become at least a quarter-master. Certainly if any thing under God have power to determine the will, it is right reason. But I have shewed sufficiently, that reason doth not determine the will physically, nor absolutely, much less extrinsically, and antecedently; and therefore it makes nothing for that necessity which T. H. hath undertaken to prove.

(k) “He adds further, that ‘as the end is necessary, so are the means; and when it is determined that one thing shall be chosen before another, it is determined also for what cause it shall be so chosen.’ All which is truth, but not the whole truth; for as God ordains means for all ends, so he adapts and fits the means to their respective ends, free means to free ends, contingent means to contingent ends, necessary means to necessary ends, whereas T. H. would have all means, all ends, to be necessary. If God hath so ordered the world, that a man ought to use, and may freely use, those means of God, which he doth neglect, not by virtue of God’s decree, but by his own fault; if a man use those means of evil, which he ought not to use, and which by God’s decree he had power to forbear; if God have left to man in part the free managery of human affairs, and to that purpose hath endowed him with understanding: then consultations are of use, then provident care is needful, then it concerns him to use the means. But if God have so ordered this world, that a man cannot, if he would, neglect any means of good, which by virtue of God’s decree it is possible for him to use, and that he cannot possibly use any means of evil, but those which are irresistibly and inevitably imposed upon him by an antecedent decree; then not only consultations are vain, but that noble faculty of reason itself is vain. Do we think that we can help God Almighty to do his proper work? In vain we trouble ourselves, in vain we take care to use those means, which are not in our power to use, or not to use. And this is that which was contained in my prolepsis or prevention of his answer, though he be pleased both to disorder it, and to silence it. We cannot hope by our labours, to alter the course of things set down by God; let him perform his decree, let the necessary causes do their work. If we be those causes, yet we are not in our own disposition; we must do what we are ordained to do, and more we cannot do. Man hath no remedy but patience, and to shrug up the shoulders. This is the doctrine that flows from this opinion of absolute necessity. Let us suppose the great wheel of the clock which sets all the little wheels going, to be as the decree of God, and that the motion of it were perpetually infallible from an intrinsical principle, even as God’s decree is infallible, eternal, all-sufficient. Let us suppose the lesser wheels to be the second causes, and that they do as certainly follow the motion of the great wheel, without missing or swerving in the least degree, as the second causes do pursue the determination of the first cause. I desire to know in this case, what cause there is to call a council of smiths, to consult and order the motion of that which was ordered and determined before to their hands? Are men wiser than God? Yet all men know, that the motion of the lesser wheels is a necessary means to make the clock strike.

(l) “But he tells me in great sadness, that ‘my argument is just like this other; if I shall live till to-morrow, I shall live till to-morrow, though I run myself through with a sword to-day; which, saith he, is a false consequence, and a false proposition.’ Truly, if by running through, he understands killing, it is a false, or rather a foolish proposition, and implies a contradiction. To live till to-morrow, and to die to-day, are inconsistent. But by his favour, this is not my consequence, but this is his own opinion. He would persuade us, that it is absolutely necessary that a man shall live till to-morrow, and yet that it is possible that he may kill himself to-day. My argument is this: if there be a liberty and possibility for a man to kill himself to-day, then it is not absolutely necessary that he shall live till to-morrow; but there is such a liberty, therefore no such necessity. And the consequence which I make here, is this: if it be absolutely necessary, that a man shall live till to-morrow, then it is vain and superfluous for him to consult and deliberate whether he should die to-day, or not. And this is a true consequence. The ground of his mistake is this, that though it be true, that a man may kill himself to-day, yet upon the supposition of his absolute necessity, it is impossible. Such heterogeneous arguments and instances he produceth, which are half builded upon our true grounds, and the other half upon his false grounds.

(m) “The next branch of my argument concerns admonitions, to which he gives no new answer, and therefore I need not make any new reply, saving only to tell him, that he mistakes my argument. I say not only, if all things be necessary, then admonitions are in vain; but if all things be necessary, then it is to no more purpose to admonish men of understanding than fools, children, or madmen. That they do admonish the one and not the other, is confessedly true; and no reason under heaven can be given for it but this, that the former have the use of reason and true liberty, with a dominion over their own actions, which children, fools, and madmen have not.

“Concerning praise and dispraise, he enlargeth himself. The scope of his discourse is, that ‘things necessary may be praiseworthy.’ There is no doubt of it; but withal their praise reflects upon the free agent, as the praise of a statue reflects upon the workman who made it. ‘To praise a thing,’ saith he, ‘is to say it is good.’ (n) True, but this goodness is not a metaphysical goodness; so the worst of things, and whatsoever hath a being, is good: nor a natural goodness; the praise of it passeth wholly to the Author of nature; God saw all that he had made, and it was very good: but a moral goodness, or a goodness of actions rather than of things. The moral goodness of an action is the conformity of it with right reason. The moral evil of an action is the deformity of it, and the alienation of it from right reason. It is moral praise and dispraise which we speak of here. To praise anything morally, is to say, it is morally good, that is, conformable to right reason. The moral dispraise of a thing is to say, it is morally bad, or disagreeing from the rule of right reason. So moral praise is from the good use of liberty, moral dispraise from the bad use of liberty; but if all things be necessary, then moral liberty is quite taken away, and with it all true praise and dispraise. Whereas T. H. adds, that ‘to say a thing is good, is to say, it is as I would wish, or as another would wish, or as the state would have it, or according to the law of the land;’ he mistakes infinitely. He, and another, and the state, may all wish that which is not really good, but only in appearance. We do often wish what is profitable or delightful, without regarding so much as we ought what is honest. And though the will of the state where we live, or the law of the land, do deserve great consideration, yet it is no infallible rule of moral goodness. And therefore to his question, ‘whether nothing that proceeds from necessity can please me,’ I answer, yes. The burning of the fire pleaseth me, when I am cold; and I say, it is good fire, or a creature created by God for my use and for my good. Yet I do not mean to attribute any moral goodness to the fire, nor give any moral praise to it, as if it were in the power of the fire itself either to communicate its heat or to suspend it; but I praise first the Creator of the fire, and then him who provided it. As for the praise which Velleius Paterculus gives Cato, that he was good by nature, et quia aliter esse non potuit; it hath more of the orator, than either of the theologian or philosopher in it. Man in the state of innocency did fall and become evil; what privilege hath Cato more than he? No, by his leave. Narratur et divi Catonis sæpe mero caluisse virtus. But the true meaning is, that he was naturally of a good temper, not so prone to some kinds of vice as others were. This is to praise a thing, not an action, naturally, not morally. Socrates was not of so good a natural temper, yet proved as good a man; the more his praise, by how much the difficulty was the more to conform his disorderly appetite to right reason.

“Concerning reward and punishment, he saith not a word, but only that they frame and conform the will to good, which hath been sufficiently answered. They do so indeed; but if his opinion were true, they could not do so. But because my aim is not only to answer T. H., but also to satisfy myself, (o) though it be not urged by him, yet I do acknowledge that I find some improper and analogical rewards and punishments used to brute beasts, as the hunter rewards his dog, the master of the decoy-duck whips her when she returns without company. And if it be true, which he affirmeth a little before that I have confessed, ‘that the actions of brute beasts are all necessitated and determined to that one thing which they shall do,’ the difficulty is increased.

“But first, my saying is misalleged. I said, that some kinds of actions which are most excellent in brute beasts, and make the greatest show of reason, as the bees working their honey, and the spiders weaving their webs, are yet done without any consultation or deliberation, by a mere instinct of nature, and by a determination of their fancies to these only kinds of works. But I did never say, I could not say, that all their individual actions are necessary, and antecedently determined in their causes, as what days the bees shall fly abroad, and what days and hours each bee shall keep in the hive, how often they shall fetch in thyme on a day, and from whence. These actions and the like, though they be not free, because brute beasts want reason to deliberate, yet they are contingent, and therefore not necessary.

“Secondly, I do acknowledge, that as the fancies of some brute creatures are determined by nature to some rare and exquisite works; so in others, where it finds a natural propension, art, which is the imitator of nature, may frame and form them according to the will of the artist to some particular actions and ends, as we see in setting-dogs, and coy-ducks, and parrots; and the principal means whereby they effect this, is by their backs or by their bellies, by the rod or by the morsel, which have indeed a shadow or resemblance of rewards and punishments. But we take the word here properly, not as it is used by vulgar people, but as it is used by divines and philosophers, for that recompense which is due to honest and dishonest actions. Where there is no moral liberty, there is neither honesty nor dishonesty, neither true reward nor punishment.

“Thirdly, (p) when brute creatures do learn any such qualities, it is not out of judgment, or deliberation, or discourse, by inferring or concluding one thing from another, which they are not capable of. Neither are they able to conceive a reason of what they do, but merely out of memory or out of a sensitive fear or hope. They remember that when they did after one manner, they were beaten; and when they did after another manner, they were cherished; and accordingly they apply themselves. But if their individual actions were absolutely necessary, fear or hope could not alter them. Most certainly, if there be any desert in it, or any praise due unto it, it is to them who did instruct them.

Lastly, concerning arts, arms, books, instruments, study, physic, and the like, he answereth not a word more than what is already satisfied. And therefore I am silent.