A Treatise of the Laws of Nature. Richard Cumberland

Laws”: and such Judgments sufficiently declare that they agree in the Laws of Nature; for that which we know by Experience, to be, as it were, naturally acknowledg’d good by many Nations, we presume, upon account of the likeness of human Nature, to be likewise acknowledg’d good by the rest; especially when our Adversaries cannot produce one undoubted Instance, to prove any Nation to be of different Sentiments. To me, truly, those Narratives of some few barbarous Americans, and the Hottentots, “That they have no religious Worship,” seem, not suspected only but, false; for such a negative Assertion is hardly capable of ever being prov’d by Testimony. Therefore Acosta³ and some others seem rashly to have form’d a Judgment concerning those, with whose Language, Manners, and Sentiments they could not thorowly acquaint themselves in so short a time. For we read, that both Jews and Christians were sometimes falsly accus’d by many, of the greatest Impieties, tho their Religion was more holy than that of other Nations. But, be that as it will, it is manifest, “That those Truths are with sufficient Clearness propos’d to all, which are readily acknowledg’d by almost every one, altho the same should be either overlook’d, or even oppos’d, by some few.” But this Observation will be the most proper, and of greatest use, when it appears manifestly from other Proofs than Testimony and Custom, “That these Propositions teach the true Means to the best End, and that all are indispensably oblig’d to pursue that End by those Means”; which may be best prov’d by a consideration of the Causes, which suggest such conclusions of Reason to our Minds.

      Obj. 2. That they want a sufficient enacting Authority.

      §III. A second Objection is, “That, altho certain Conclusions of Reason are approv’d of by our own Judgment, and the Practice of many others, yet the Authority of a known Law-giver is wanting, to give them the force of Laws to all Men; for otherwise,” (say they,) “who ever holds them in contempt, has the same Right to reject the Judgment of any others whomsoever, that they exercise in condemning his Opinion by their Words and Actions.” To this purpose, both Hobbes and Selden object, (beside the Antients,) but with very different Views.⁴

      According to Hobbes,

      For, as we shall shew in the following Treatise, the Point Mr. Hobbes aims at, is, “That none should believe themselves oblig’d by the Conclusions of Reason, with respect to their outward Actions, before a civil Magistrate is appointed; and that all his Appointments should be look’d upon, as the perfectly obligatory Judgments of right Reason.” It is to this purpose that he affirms, that “The Laws of Nature, altho they are laid down in the Writings of Philosophers, are no more, for that Reason, to be look’d upon as written Laws, than the Opinions of Lawyers are Laws, and that for want of a sovereign Authority.”⁵ He would not indeed deny them the Name of Laws, which he had before vouchsafed to give them, (tho improperly, as he elsewhere confesses;)⁶ he was willing however to insinuate, that they were not promulg’d by a sufficient Authority, tho Philosophers learn them from the Nature of Things, and thence transcribe them into their Writings. It is nevertheless manifest, if they be already truly Laws made by the Author of Nature, that they need no new Authority, after they are set down in writing by any one, to make them become written Laws.

      And Selden, but with different Virtues.

      But Mr. Selden denies, “That the Conclusions of Reason, consider’d barely in themselves, have the Authority of Laws,” upon no other account, than, in order to shew “the Necessity of having recourse to the Legislative Power of God, and of proving that God has commanded our Obedience to them, and, by making them known to us, has proclaim’d them his Laws.” And indeed he has judiciously, as far as I can judge, given this Hint to the moral Philosophers, who are wont to consider the Conclusions of their own Reason as Laws, without due Proof, that they have the necessary Form of a Law, or that they are establish’d by God. But when he is to shew the Manner wherein God might manifest to Mankind, these to be his Laws, he proposes two ways.⁷ 1. That God himself pronounc’d them with his sacred Voice to Adam and Noah, in joining them perpetual Obedience; whence these Precepts of the Sons of Noah were handed down to all their Posterity by Tradition only. 2. That God has endow’d rational Minds with a Faculty able, by Application of their Understanding, to discover those Laws, and to distinguish them, when discover’d, from all positive Institutions.

      Not sufficiently answer’d by the latter.

      He only transiently hints, in such general Terms, this latter Method, which however to me seems to want much Explanation and Proof; but he betakes himself wholly to the former, and endeavours to prove, from the Traditions of some Jewish Rabbins, “That God gave seven Precepts to the Sons of Noah, in the observance whereof all Justice amongst Men should consist.” And truly he has abundantly prov’d,⁸ “That the Jews thought that all Nations, altho they did not receive the Laws of Moses, were nevertheless oblig’d by some divine Laws, whose chief Heads they look’d upon the Precepts of the Sons of Noah to be.” And this proves at least, “That, in the Opinion of that Nation, which was not inconsiderable either for Numbers or Learning, there are Laws, not made by any State, that bind all Mankind.” It is likewise to be own’d, that this learned Man chiefly aim’d at this Point, and that with good Success; and that the Knowledge of this Matter is of considerable use in Christian Divinity. Selden, however, has not sufficiently answer’d his own Objection, which we before mention’d. For, altho these Jewish Traditions were thorowly known, and perhaps firmly believ’d, by him,⁹ they were not however manifested to all Mankind; and those things which that Nation looks upon as the greatest Mysteries of Religion, are by many ridicul’d. And to me truly it seems self-evident, “That an unwritten Tradition of the learned Men of one Nation, is not a sufficient Promulgation of a Law of Nature, which is to oblige all Nations.”

      To answer this Objection, the Author chuses the second Method of deducing the Laws of Nature from their Causes, by their divine-Promulgation and Sanction.

      §IV. Wherefore, that the Conclusions of Reason in moral Matters might more evidently appear to be Laws, Laws of God, I have thought it proper to make a philosophical Inquiry into their Causes, as well Internal as External, the nearer and the more remote; for by this Method we shall at last arrive at their first Author, or efficient Cause, from whose essential Perfections, and internal Sanction of them by Rewards and Punishments,¹⁰ we have shewn that their Authority arises. Most others have been satisfy’d with saying in general Terms, “That these Conclusions, or Actions conformable to them, are taught by Nature”; but to me it seems necessary, especially at this time, to trace more distinctly, after what manner the Powers of things, as well without as within us, conspire to imprint these Conclusions upon our Minds, and to give a Sanction to them. Our Countryman, the Lord Verulam, has reckon’d such an Inquiry among the things which are wanting.¹¹ This, if solidly perform’d, will therefore be of very great use; because thence will appear, both how our Mind is, by the Light of Nature, let into the Knowledge of the Will or Laws of God, so as that it cannot be free from the warning of Conscience; and what that Rule is, whereby the Justice and Rectitude of the Laws of particular States is to be measured, and their Injustice and Imperfection to be corrected and amended by the supreme Authority if they have at any time deviated from the best and greatest End. Hence also, (that it may appear, that Morality is not the Artifice of Ecclesiastics or Politicians,) is further shewn, “That there is something in the Nature of God, of other Men, and of our selves, which in good Actions affords present Comfort and Joy, and a well-grounded Expectation of future Rewards.” On the other hand, “That there are Causes which must naturally produce the most violent Grief and Fear, after evil Actions; so that the Sentence of Conscience may be justly look’d upon as armed with Scourges against Impiety.”¹²

      Without insisting on innate Ideas of them.

      §V.