CHAPTER IX.
[1.] The law over sovereigns, salus populi. [2.] That sovereigns ought to establish the religion they hold for best. [3.] That to forbid unnatural copulation, promiscuous use of women, &c. is the law of nature. [4.] That to leave man as much liberty as may be, &c. is the duty of a sovereign by the law of nature. [5.] Meum and tuum, to be set out to the subjects, distinct from one another, &c. a duty of sovereigns by the law of nature. [6.] An extraordinary power for judging the abuses of magistrates, necessary, &c. [7.] The suppressing of popularity, &c. necessary, &c. [8.] The instruction of youth, &c. necessary, &c. [9.] Avoiding of unnecessary war, a necessary duty of the sovereign, &c.
The law over sovereigns salus populi.
1. Having hitherto set forth how a body politic is made, and how it may be destroyed, this place requireth to say something concerning the preservation of the same, not purposing to enter into the particulars of the art of government, but to sum up the general heads, wherein such art is to be employed, and in which consisteth the duty of him or them that have the sovereign power. For the duty of a sovereign consisteth in the good government of the people. And although the acts of sovereign power be no injuries to the subjects who have consented to the same by their implicit wills, yet when they tend to the hurt of the people in general, they be breaches of the law of nature, and of the divine law; and consequently, the contrary acts are the duties of sovereigns, and required at their hands to the utmost of their endeavour, by God Almighty, under the pain of eternal death. And as the art and duty of sovereigns consist in the same acts, so also doth their profit. For the end of art, is profit; and governing to the profit of the subjects, is governing to the profit of the sovereign, as hath been showed Part II. chapter V. [section 1]. And these three: 1. The law over them that have sovereign power: 2. Their duty: 3. Their profit: are one and the same thing contained in this sentence, Salus populi suprema lex. By which must be understood, not the mere preservation of their lives, but generally their benefit and good. So that this is the general law for sovereigns, That they procure, to the uttermost of their endeavour, the good of the people.
That sovereigns ought to establish the religion they hold for best.
2. And forasmuch as eternal is better than temporal good, it is evident, that they who are in sovereign authority, are by the law of nature obliged to further the establishing of all such doctrines and rule, and the commanding of all such actions, as in their conscience they believe to be the true way thereunto. For unless they do so, it cannot be said truly, that they have done the uttermost of their endeavour.
That to forbid unnatural copulation, promiscuous use of women, &c. is the law of nature.
3. For the temporal good of the people, it consisteth in four points: 1. Multitude: 2. Commodity of living: 3. Peace amongst themselves: 4. Defence against foreign power. Concerning multitude, it is the duty of them that are in sovereign authority, to increase the people, in as much as they are governors of mankind under God Almighty, who having created but one man, and one woman, declared, that it was his will they should be multiplied and increased afterwards. And seeing this is to be done by ordinances concerning copulation, they are by the law of nature bound to make such ordinances concerning the same, as may tend to the increase of mankind. And hence it cometh, that in them who have sovereign authority, not to forbid such copulations as are against the use of nature; not to forbid the promiscuous use of women, not to forbid one woman to have many husbands, not to forbid marriages within certain degrees of kindred and affinity, are against the law of nature. For though it be not evident, that a private man living under the law of natural reason only, doth break the same, by doing any of the things aforesaid; yet it is manifestly apparent, that being so prejudicial as they are to the improvement of mankind, that not to forbid the same, is against the law of natural reason in him, that hath taken into his hands any portion of mankind to improve.
That to leave man as much liberty as may be, &c. is the duty of a sovereign by the law of nature.