John Brown

Thoughts on civil liberty, on licentiousness, and faction

Published by Good Press, 2022
goodpress@okpublishing.info
EAN 4064066062514

Table of Contents


The Design.
Of the Nature of civil Liberty.
Of Licentiousness and Faction.
Unassisted Laws no permanent Foundation of civil Liberty.
Virtuous Manners and Principles the only permanent Foundation of civil Liberty.
An Objection considered.
A Confirmation of these Principles, drawn from the History of free States. 1st of Sparta.
Of the Republic of Athens.
Of the Commonwealth of Rome.
How far these Facts can properly be apply'd to the political State of Great Britain.
Of the general State of Manners and Principles, about the Time of the Revolution.
Of the Changes in Manners and Principles, through the succeeding Times.
Among what Ranks, Licentiousness and Faction may most probably be expected.
Of the most effectual Means of detecting Licentiousness and Faction.
Of the characteristic Marks of Liberty.
Of the first characteristic Mark of Licentiousness and Faction.
A second Mark of Licentiousness and Faction.
A third Mark of Licentiousness and Faction.
A fourth Mark of Licentiousness and Faction.
A fifth Mark of Licentiousness and Faction.
A sixth Mark of Licentiousness and Faction.
Some Objections obviated.
Of the Remedies against Licentiousness and Faction. The first Remedy.
A second Remedy.
Some concomitant Remedies.
Of the chief and essential Remedy.
The Conclusion.

The Design.

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THOUGHTS

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ON

CIVIL LIBERTY, &c.

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SECTION I.

TheDesign.

THERE are two Causes, essentially distinct, though often interwoven, by which a free State may perish. These are, external and internal Violence: Invasions from Abroad, or Dissentions at Home: The Rage of foreign War, or domestic Faction.

After a dangerous and exhausting War, Victory hath at length restored Peace to our bleeding Country. But in vain the Sword of War is sheathed, if in Time of Peace the Poignard of Licentiousness and Faction is drawn, and madly level'd by many of our Countrymen, at the Breads of their Fellow-Subjects.

To prevent the fatal Consequences of this deluded or deluding Spirit, is the Purpose of this Essay: In which the Writer will endeavour to trace the present State of Things to its general Foundations: By pointing out the real Basis and genuine Characteristics of true Liberty; by unmasquing the Pretences, and laying open the secret Sources and distinctive Marks of Licentiousness and Faction.

As the political Principles here laid down and inforced, will be found strictly connected with Religion and Morals; no Apology will be made for endeavouring to establish the public Happiness of Mankind on the solid Basis of Virtue, which is the End of Religion itself.—In this Point the Writer confirms himself on the Authority of an excellent and learned Prelate, whose political Researches were of like Tendency.

"As the Sum of human Happiness is supposed to consist in the Goods of Mind, Body, and Fortune, I would fain make my Studies of some Use to Mankind, with Regard to each of these three Particulars; and hope it will not be thought faulty or indecent in any Man, of what Profession soever, to offer his Mite towards improving the Manners (I will add, the Religion) Health, and Prosperity of his Fellow-Creatures[1]"

  1. Dr. Berkley's Misc, p. 118.

Of the Nature of civil Liberty.

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SECT.II.

Of the Nature of Civil Liberty.

TO some it will doubtless appear a superfluous Labour, to fix the true Idea of civil Liberty, in a Country which boasts itself free. Yet the Writer esteems it a necessary though obvious Task: Not only that he may appeal to his Idea of it, thus established; but also, because in the Conduct (at least) if not in the Writings of his Countrymen, it seems to have been sometimes mistaken.

The natural Liberty of Man, considered merely as a solitary and savage Individual, would generally lead him to a full and unbounded Prosecution of all his Appetites. Some Savages there are, though few, who live nearly, if not altogether, in this brutal State of Nature.

These last Expressions, it must be confessed, are inadequate to their Subject: For such a State of Man is worse than that of Brutes, and in the strict Sense, is also contrary to Nature. For Brutes are endowed with unerring Instincts, which Man possesseth not: Therefore such a solitary and wretched State is strictly unnatural; because it prevents the Exertion of those Powers, which his Nature is capable of attaining: But those Powers Society alone can call forth into Action.

Man is therefore formed for Society: That is, Man is formed for Intercourse with Man: Hence, through the natural Developement of the human Powers, a Variety of new Wants, a Necessity for mutual Aids and distinct Properties, must arise: From these, a new Accession, as well as a frequent Disagreement and Clashing of Desires must inevitably ensue. Hence the Necessity of curbing and fixing the Desires of Man in the social State; by such equal Laws, as may compel the Appetites of each Individual to yield to the common Good of all.

From this salutary Restraint, civil Liberty is derived. Every natural Desire which might in any Respect be inconsistent with the general Weal, is given up as a voluntary Tax, paid for the higher, more lasting, and more important Benefits, which we reap from social Life.

Of Licentiousness and Faction.

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SECT.III.

Of Licentiousness and Faction.

FROM the Nature of civil Liberty, thus delineated, the Nature of Licentiousness will easily be fixed: Being indeed no other than "Every Desire carry'd into Action, which in any Respect violates those equal Laws, established for the common Benefit of the Whole."

Thus, an unlimited Indulgence of Appetite, which in the savage State is called natural Liberty, in the social State is stiled Licentiousness.

And Licentiousness, when its immediate Object is That of "thwarting the Ends of civil Liberty," is distinguished by the Name of Faction.

Unassisted Laws no permanent Foundation of civil Liberty.

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SECT.IV.

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Unassisted Laws no permanent Foundation of Civil Liberty.

THESE Remarks are obvious; and clear to every Man possessed of the common Degrees of Understanding. Let us now consider, "What are the permanent Foundations of civil Liberty:" That is, in other Words, "What are the effectual Means by which every Member of Society may be uniformly sway'd, impelled, or induced, to sacrifice his private Desires or Appetites, to the Welfare of the Public."—This is a Subject, which deserves a particular Elucidation, because in our own Country, and our own Times, it seems to have been much and dangerously mistaken.

It hath been affirmed as a first Principle by certain Writers, and hath been artfully or weakly suggested by others, "that the coercive Power of human Laws is sufficient to sustain itself: That the Legislator or Magistrate hath properly no Concern with the private Opinions, Sentiments, or Operations of the Mind: And that Actions alone fall under the legal Cognizance of those in Power."

The Author of the Fable of the Bees hath boldly laid down this; which, as a ruling Principle, pervades his whole Work. He professes himself the Friend of Liberty: He derides private Virtue, as the Offspring of Flattery, begotten upon Pride: He discards Religion, as a political Fable; he treats the Principle of Honour, as an empty Chimera; he recommends private Vices as public Benefits;[1] and having thus level'd the whole Fabric of Manners and Principles; what, do you think, is the grand Arcanum of his Policy, for the Prevention of such Crimes as would indanger the Grandeur and Stability of the State? Why;—" severe Laws, rugged Officers, Pillories, Whipping-Posts, Jails, and Gibbets."[2]

This Principle, of the Sufficiency of human Laws to sufsain their own Efficacy and Power, without Regard to the Opinions or Principles of Men, hath been, at least, indirectly held forth by other Writers.

An Author, who although a sincere, was certainly an imprudent Friend of Liberty, 'peaks in the following ambiguous Stile; which, if not designed to impress the Principle here called in Question, is at least very liable to be interpreted into it. "It is foolish to say, that Government is concerned to meddle with the private Thoughts and Actions of Men, while they injure neither the Society, nor any of its Members. Every Man is in Nature and Reason, the Judge and Disposer of his own domestic Affairs; and according to the Rules of Religion and Equity, every Man must carry his own Conscience: So that neither has the Magistrate a Right to direct the private Behaviour of Men; nor has the Magistrate, or any Body else, any Manner of Power to model People's Speculations, no more than their Dreams. Government being intended to protect Men from the Injuries of one another, and not to direct them in their own Affairs; in which no one is interred but themselves, it is plain, that their Thoughts and domestic Concerns are exempted entirely from its Jurisdiction: In Truth, Men's Thoughts are not subject to their own Jurisdiction."— "Let People alone, and they will take Care of themselves, and do it best: And if they do not, a suificient 'Punishment will follow their Neglect, without the Magistrate's Interposition and Penalties. It is plain, that such busy Care and officious Intrusion into the personal Affairs, or private Actions, Thoughts, and Imaginations of Men, has in it more Craft than Kindness:—To quarrel with any Man for his Opinions, Humours, or the Fashion of his Cloaths, is an Offence taken without being given."—"True and impartial Liberty is therefore the Right of every Man, to pursue the natural, reasonable, and religious Dictates of his own Mind: To think what he will, and act as he thinks, provided he acts not to the Prejudice of another.[3]

These Expressions are crude, inaccurate, and ambiguous; leaving the thoughtful Reader at a Loss for the Author's precise and determined Meaning. For, first, they may possibly imply, "that the Magistrate hath no Right to violate the Laws of what is commonly called religious Toleration or christian Liberty; but that every Man hath an unalienable Right to worship God in that Manner which accords to the Dictates of his own Conscience."—In this Sense they are rational and true: And to this Truth the Writer hath more than once born public Testimony.[4]

But, secondly, they may imply, "that Thoughts, Speculations, Opinions, Principles, however received and imbibed by the Mind of Man, have no Connexion with his Actions; at most, no Connexion so necessary and strong as to give the Magistrate a Right to regulate them by any Means whatever. That no Direction is to be given either to the grown or the infant Mind; that as every Member of Society hath a Right to hold what Opinions and Principles he pleaseth, so he hath the same Privilege to communicate them to his Family and Children: That they are to think what they will, because Thoughts and Opinions are a private and personal Affair: That the Magistrate is only concerned to regulate their Actions."

This is not only a possible Interpretation, but in all Appearance, the more natural of the two. For it is not here once suggested by this Author, that Opinions have any Influence on Actions; but rather, that they concern nobody but Him who holds them. 'Tis true, he speaks of them as being reasonable, and religious: But if they be the mere Result of private and fortuitous Thought, unaided by the Regulations of civil Policy, I see not why they may not more probably be unreasonable and irreligious: Because they are more likely to be model'd by ruling Appetites than rational Deduction.

At the same Time, it is but Justice to this Author to say, that he certainly meant not (like the Author of the Fable of the Bees) to discard all moral Principles as groundless and chimerical; whatever his Intentions were with Regard to Religion. But his Expressions are ambiguous, and have been laid hold of by Men of the most libertine Opinions: Therefore in whatever Sense they were written, it is necessary to oppose them, in that Sense in which they have been received.

And farther, this is certain: That the Principle implied in this second Interpretation hath passed into a general Maxim in this Kingdom, among those who pique themselves on unlimited Freedom of Thought. These Men have long and openly derided every Regulation of Opinion and Principle; have discarded all moral and religious Instruction, under the despised Idea, of Prejudice of Education; have laid it down as their fundamental Maxim, "that you are to think what you will: Only to act honestly." Not attending to that essential Connexion which subsists between Thoughts, Opinions, Principles, and Actions.

Doubtless, any Society of Men, aiming at the Establishment of civil Liberty, have a Right to unite themselves on what Conditions they please. But it is the Purpose of this Essay, to prove, by Reasonings confirmed by Facts, that a free Community built on the Maxims above delivered, cannot be of long Duration: That the mere coercive Power of human Laws is not sufficient to sustain itself: That there is a strong and unalterable Connexion between Opinions and Actions: That a certain Regulation of Principles is necessary to check the selfish Passions of Man; and prevent Liberty from degenerating into Licentiousness: And that "a certain System of Manners and Principles, mutually supporting each other, and pervading the whole Community, are the only permanent Foundation on which true civil Liberty can arise."

The natural Appetites, Passions, and Desires of Man, are the universal Fountain of his Actions: Without the Impulse which he receives from those, he would be at once unfeeling and inactive. Consequently, according to the State and Character of his Desires, his Actions will naturally be good or evil; innocent, useful, or destructive.

Were these Desires universally coincident with the Welfare and Happiness of others, no coercive Power would be wanting, as the Means of producing and securing perfect Liberty.

unbridled Desires