Cato's Letter No. 36

Of Loyalty

Thomas Gordon (Saturday, July 8, 1721)

SIR, Loyalty is a very good word; but, like most others, being wrested first by design, and afterwards by ignorance and custom, from its original and virtuous signification, does now frequently bear a very bad one. In an honest sense, indeed in common sense, it means no more than the squaring our actions by the rules of good laws, and an attachment to a constitution supported by such: And the French word loyauté, comes from another French word, which signifies law.

Other meanings have since been fathered upon that word, such as it abhors. To bear stupidly the wild or deliberate ill acts of a tyrant, overturning all law, and to assist him in it, has been impiously called loyalty; though it was all the while on the other side: As it is the very office and genius of loyalty to defend law, virtue, and property; and to pull down, as traitors and disloyalists, all who assault them.

Whoever is lawless, is disloyal; and to boast of loyalty to disloyalty, is strange nonsense; a paradox first invented by solemn and pernicious pedants, whose trade it is to pervert the use of words and the meaning of things, to abuse and confound the human understanding, and to mislead the world into misery and darkness.

To obey a prince, who does himself obey the laws, is confessed on all hands to be loyalty: Now, from hence, one would naturally think, that, by every rule of reason, it might be inferred, that to obey one who obeys no law, is a departure from all loyalty, and an outrage committed upon it; and that both he who commands, and he who obeys, are outlaws and disloyalists: And yet these same ungodly pedants shall maintain it to your face, that though loyalty consist in obeying a good prince, it also consists in the very contrary, and in obeying a wicked prince; who, though he be an enemy to God, is the vicegerent of God; and though he commit all wickedness, yet does it by divine right; and though it be a sin to obey him, yet it is a damnable sin to resist him: In short, that all the instruments and partners of his crying crimes are loyalists; and all who defend law, virtue, and mankind, against such monsters, are rebels, and assuredly damned, for preventing or resisting actions which deserve damnation: And thus men become rebels, by acting virtuously against the worst of all rebels, who are restrained by no consideration, human or divine.

Was ever such impudence, impiety, and nonsense, broached amongst pagans? In truth, they never would have been broached amongst Christians, had not sanctity been made a cloak for those who sold godliness for gain, and propagated imposture at the price of all that was virtuous and sacred.

Disloyalty is indeed rarely the crime of subjects and private men; and they who charge it most upon others, are they who practice it most themselves. King Richard II and Edward II were the greatest rebels in England in their own time: The greatest rebel in all Italy, is the Pope. Every lawless prince is a rebel, and the Grand Seignior is the greatest that is or can be in his own dominions. It is true, he is bound by no written law; but in this very thing he is a rebel: No man ought to be exempt from the ties of laws; and the higher any man is, the more ties he ought to be under. All power ought to be balanced with equal restraints, else it will certainly grow mischievous: He who knows no law, but his own lust, seldom observes any other. Besides, there are such things as the external laws of mercy, justice, and truth, legible by every man's natural reason, when it is not blinded by craft; and whoever observes not these, let him be called by what name he will, is a rebel to all the world, and it is loyalty to all the world to pursue him to destruction.

Brutus, who expelled the royal and rebellious race of the Tarquins, was the most loyal man in Rome; and his sons, who would have restored them, were the greatest rebels in Rome: The Roman people therefore acted justly, when they rewarded the father with the chief magistracy; and the father acted justly, when he sacrificed the traitors of his own loins to the liberties and resentments of the Roman people.

Some play with the words sovereign and subject, and divert themselves with the ridicule of obedience resisting command: But their wit and reasoning are alike wretched, whether they proceed from ignorance or dishonesty, as they often do from both; as if the world were to be guided by sound rather than sense, in things essential to its well-being. The highest and first sovereignty is in the laws, of which the prince has only the sovereign execution: In other words, it is his office and duty to see the laws obeyed; an employment which implies their superiority, and his own subjection.

A learned prince, who knew not much of government, and practised less than he knew, did yet own, that a King is only the chief servant of the state. The law ought to be the measure of his power and actions, as much as of any private man's, and more; as his example is of greater influence, and as his opportunities and temptations to break them are greater than any private man's can be: And the only just reason that can be assigned why those crimes which are punished with death in a subject, have been often committed with impunity by a chief magistrate, was, because the station which he was in gave him such strength, and such a party, that to have punished him, the publick quiet must have been risked or shaken: And as to the inferior great traitors, the gain of their crimes and partners of their guilt protected them.

Exalted wickedness is the safest: I could name an English reign, in which, for above twenty years together, there scarce passed a week in which the prince did not venture his crown, and his ministers forfeit their heads. And yet not one of these forfeitures were exacted: So corrupt and wicked was the government, and so tame and acquiescing were the people! Indeed the people in every country deserve the best usage, and in almost all meet with the worst: Their lot is very hard and unequal: They often pay millions, not only in their own wrong, but frequently to strengthen the hands of their oppressors: And this they generally do, without so much as a tumult; yet for one of them to coin a silver sixpence, is death and confiscation.

These things are obvious; yet how little are they considered! It is safer for a great man to rob a country, than for a poor man to steal a loaf: But the wages of villainy protect villains, and justice is only blind where the object is naked. But these are only complaints, which, we hope, we Britons will never have cause to make.

We have been formerly stunned with the big word prerogative, by those who contend for unlimited loyalty: Men, who while they reserve to themselves a right to be the most turbulent of all subjects, would make all others the tamest and the blindest of all slaves. But what prerogative do they mean? I know no prerogative in the crown, which is not at the same time a certain privilege of the people, for their sake granted, and for their sake to be exerted: And where a prerogative is claimed in opposition to the rights and interests of the people, so far a tyranny is claimed; tyranny being nothing else but the government of one man, or of a few men, over many, against their inclination and interest: And where prerogative is exercised more to the hurt than the good of the governed, it is no longer prerogative, but violence and usurpation; and therefore in England several prerogatives have from time to time been taken from the crown, because the crown had abused them.

A certain British king was wont to say, that so long as he could make bishops and judges, he would have what law and gospel he pleased. An impious and arbitrary saying, and a bold one coming from a prince of so mean a spirit, governing a brave and a free people, who were disgraced by his profuse and ridiculous reign, which is one of those that stain our annals. But for all the absurdity of his government, and the smallness of his soul, he found himself able, by the assistance of sycophants, to multiply and entail many evils upon these kingdoms. It is certain, that he and some of his posterity found such complaisant bishops and judges, that the religion and politicks of the court were generally the religion and politicks of Westminster-Hall, and of Henry VII's chapel: Absolute power in the crown was pleaded and granted in both those solemn places.

So wicked and merciless a thing is self-interest! Those grave men, who were by profession the guardians of truth and law, gave up both, to keep preferment, or to acquire it. How little are men to be trusted, and how little does religion bind them! They can break the strongest bands, violate the most awful oaths, and commit the most horrid, most extensive treacheries, for the vilest and most uncertain gratifications. I am therefore seldom surprized to hear of the most astonishing things and events, whether they be publick depredations and massacres, or private treacheries and parricides; having my mind constantly filled with examples that answer them, or exceed them, though perhaps they are not exactly of the same nature.

It is certain, that those judges, counsellors, and clergy, who have adjudged a dispensing and lawless power to kings, had, each of them, the guilt of a thousand private murtherers upon their head: They, as it were, signed a dead-warrant for their country; and, as much as in them lay, made themselves the authors of universal barbarity, slavery, infamy, and wretchedness; and of every other evil and wickedness, which is produced by that great source of all evil and wickedness, arbitrary power.

Of this we are sure, that the least publick guilt is greater than the greatest private guilt: Let every man concerned in publick trust, every where, consider this, and examine his own heart: Every step which a publick man takes, every speech which he makes, and every vote which he gives, may affect millions. Whoever acts in a great station against his conscience, might perhaps with more innocence carry a dagger, and like Old Muley stab twenty men a day.

Now were these judges and counsellors above-mentioned, loyalists? Yes, doubtless, if there are such things as loyal traitors. For, even supposing loyalty centered wholly in the person of the prince, than which nothing can be more false; yet even here it loses its name, since it is doing him the highest unkindness, as it separates him from his people, and their hearts from him, and as it tempts him to evil, loads him with infamy and guilt, and lessens his security; in truth, such loyalty is perfidiousness and flattery, and has cost many princes their lives and their kingdoms.

No good prince will pretend that there is any loyalty due to him further than he himself is loyal to the law, and observant of his people, the makers of kings and of laws. If any man, misled by sound and delusion doubt this, let him consider what is the design of magistracy, and what the duty of magistrates; and if he has reason in him, he will find that his duty is only due to those who perform theirs; that protection and allegiance are reciprocal; that every man has a right to defend what no man has a right to take: That the divine right of kings, if they had it, can only warrant them in doing actions that are divine, and cannot protect them in cruelty, depredation, and oppression: That a divine right to act wickedly, is a contradiction and blasphemy, as it is maledictio supremi numinis, a reproach upon the Deity, as if he gave any man a commission to be a devil: That a King, in comparison with the universe, is not so much as a mayor of a town, in comparison with a kingdom; and that were Mr. Mayor called King, it would give him no new right; or, if a King were only called Mr. Mayor, it would not lessen nor abrogate his old jurisdiction: That they are both civil officers; and that an offence in the lesser is more pardonable than an offence in the greater: That the doctrines of unbroken hereditary right, and of blind obedience, are the flights and forgeries of flatterers, who belie heaven, and abuse men, to make their own court to power, and that not one of them will stand the trial himself: In fine, the government, honest and legal government, is imperium legum non hominum, the authority of law, and not of lust.

These are the principles upon which our government stands, the principles upon which every free government must stand; and that we Britons dare tell such truths, and publish such principles, is a glorious proof of our civil and religious freedom: They are truths which every Briton ought to know, even children and servants: They are eternal truths, that will remain for ever, though in too many countries they are dangerous, or useless, or little known: They are truths, to which we are beholden for the present succession, and the present mild administration; and they are the principles of English loyalty, as well as of English liberty.

Before I have done, I would take notice of another mistake very common concerning loyalty: It is indeed a trick, more than a mistake; I mean of those who would assert or rather create a sort of loyalty to ministers, and make every thing which they do not like an offence against their master.

How endless are the arts and instances of deceiving! Yet the stalest artifices are still new. The above is a method which bad ministers have ever taken, but which good ones want not: Innocent ministers will never prostitute the name and authority of the prince, to protect their own faults and mistakes; and every wise and indifferent man will be for preserving him from the imputation of the guilt and folly of his servants, who, whenever they are for thrusting in their master between themselves and the censure or odium of their own actions, do at once acknowledge that their own actions are evil, and that they would barbarously and ungratefully make a screen of their sovereign, and save themselves upon his ruin or disgrace.

What can be more vile, what more disloyal, than this! Yet who were louder in their prate about loyalty, than the worst ministers have ever been; even while they were weakening their master's hands, creating him enemies, and setting him at variance with his people? This is so true, that it has been sometimes impossible to love the prince without abhorring his servants, and to serve them without hurting or abusing him. Yet while they were very loyally undoing him, it was forsooth high disloyalty to resist or expose them. Whoever would recollect instances of this, need not go out of Europe, nor above forty years backwards: And for instances at home, as we can find no present ones, we fear none that are future.

G. I am,&c.

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