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A86417 Philosophicall rudiments concerning government and society. Or, A dissertation concerning man in his severall habitudes and respects, as the member of a society, first secular, and then sacred. Containing the elements of civill politie in the agreement which it hath both with naturall and divine lawes. In which is demonstrated, both what the origine of justice is, and wherein the essence of Christian religion doth consist. Together with the nature, limits, and qualifications both of regiment and subjection. / By Tho: Hobbes.; De cive. English Hobbes, Thomas, 1588-1679.; Vaughan, Robert, engraver. 1651 (1651) Wing H2253; Thomason E1262_1; ESTC R202404 220,568 406

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that all controversies are bred from hence that the opinions of men differ concerning Meum Tuum just and unjust profitable and unprofitable good and evill honest and dishonest and the like which every man esteems according to his own judgement it belongs to the same chiefe power to make some common Rules for all men and to declare them publiquely by which every man may know what may be called his what anothers what just what unjust what honest what dishonest what good what evill that is summarily what is to be done what to be avoyded in our common course of life But those Rules and measures are usually called the civill Lawes or the Lawes of the City as being the Commands of him who hath the supreme power in the City And the CIVILL LAWES that we may define them are nothing else but the commands of him who hath the chiefe authority in the City for direction of the future actions of his Citizens X. Furthermore since the affaires of the City both those of Warre and Peace cannot possibly be all administred by one man or one Counsell without Officers and subordinate Magistrates and that it appertains to Peace and common defence that they to whom it belongs justly to judge of controversies to search into neighbouring counsels prudently to wage war and on all hands warily to attend the benefit of the City should also rightly exercise their offices it is consonant to reason that they depend on and be chosen by him who hath the chiefe command both in War and in Peace XI It is also manifest that all voluntary actions have their beginning from and necessarily depend on the will and that the will of doing or omitting ought depends on the opinion of the good and evill of the reward or punishment which a man conceives he shall receive by the act or omission so as the actions of all men are ruled by the opinions of each wherefore by evident and necessary inference we may understand that it very much concerns the interest of Peace that no opinions or doctrines be delivered to Citizens by which they may imagine that either by Right they may not obey the Lawes of the City that is the commands of that man or Counsell to whom the supreme power is committed or that it is lawfull for to resist him or that a lesse punishment remaines for him that denies then him that yeelds obedience For if one command somewhat to be done under penalty of naturall death another forbids it under pain of eternall death and both by their own Right it will follow that the Citizens although innocent are not onely by Right punishable but that the City it selfe is altogether disolved for no man can serve two Masters nor is he lesse but rather more a Master whom we believe we are to obey for feare of damnation then he whom we obey for feare of temporall death It followes therefore that this one whether Man or Court to whom the City hath committed the supreme power have also this Right That he both * judge what opinions and doctrines are enemies unto peace and also that he forbid them to be taught Judge what opinions c. There is scarce any Principle neither in the worship of God nor humane sciences from whence there may not spring dissentions discords reproaches and by degrees war it selfe neither d●th this happen by reason of the falshood of the Principle but of the disposition of men who seeming wise to themselves will needs appear such to all others But though such dissentions cannot be hindered from arising yet may they be restrained by the exercise of the supreme power that they prove no hinderance to the publique peace Of these kind of opinions therefore I have not spoken of in this place There are certain doctrines wherewith Subjects being tainted they verily believe that obedience may be refused to the City and that by Right they may nay ought to oppose and fight against chiefe Princes and dignities Such are those which whether directly and openly or more obscurely and by consequence require obedience to be given to others beside them to whom the supreme authority is committed I deny not but this reflects on that power which many living under other government ascribe to the chiefe head of the Church of Rome and also on that which elsewhere out of that Church Bishops require in theirs to be given to them and last of all on that liberty which the lower sort of Citizens under pretence of Religion doe challenge to themselves for what civill war was there ever in the Christian world which did not either grow from or was nourisht by this Root The judgement therefore of doctrines whether they be repugnant to civill obedience or not and if they be repugnant the power of prohibiting them to be taught I doe here attribute to the civill authority for since there is no man who grants not to the City the judgement of those things which belong to its Peace and defence an● it is manifest that the opinions which I have already recited do relate to its Peace it followes necessarily that the examination of those opinions whether they be such or not must be referred to the City that is to him who hath the supreme authority XII Last of all from this consideration that each Citizen hath submitted his Will to his who hath the Supreme Command in the City so as he may not employ his strength against him it followes manifestly that whatsoever shall be done by him who commands must not be punisht for as he who hath not power enough cannot punish him naturally so neither can he punish him by Right who by Right hath not sufficient power XIII It is most manifest by what hath been said That in every perfect City that is where no Citizen hath Right to use his faculties at his owne discretion for the preservation of himselfe or where the Right of the private Sword is excluded there is a Supreme power in some one greater then which cannot by Right be conferr'd by men or greater then which no mortall man can have over himself But that power greater then which cannot by men be conveigh'd on a man we call * ABSOLUTE for whosoever hath so submitted his will to the will of the City That he can unpunisht d●e any thing make Lawes judge Controversies set Penalties make use at his own pleasure of the strength and wealth of men and all this by Right truly he hath given him the greatest dominion that can be granted This same may be confirm'd by experience in all the Cities which are or ever have beene for though it be sometimes in doubt what Man or Counsell hath the Chief Command yet ever there is such a Command and alwayes exercis'd except in the time of Sedition and Civill War and then there are two Chiefe Commands made out of one Now those seditious persons who dispute against absolute Authority
those Churches who having cast off the Emperours were yet content to admit the Doctours of Rome XXIII They may be called Church-men who exercise a publique office in the Church But of offices there was one a Ministery another a Maistery The office of the Ministers was to serve Tables to take care of the temporall goods of the Church and to distribute at that time when all propriety of riches being abolisht they were fed in common to each man his portion The Maisters according to their order were called some Apostles some Bishops some Presbyters that is to say Elders yet not so as that by the name of Presbyter the age but the office might be d●stinguisht For Timothy was a Presbyter although a young man but because for the most part the Elders were receiv'd into the Maistership the word denoting age was us'd to signifie the office The same Maisters according to the diversity of their employments were called some of them Apostles some Prophets some Evangelists some Pastors or Teachers And the Apostolicall worke indeed was universall the Propheticall to declare their owne revelations in the Church the Evangelicall to preach or to be publishers of the Gospell among the infidels that of the Pastors to teach confirme and rule the minds of those who already beleev'd XXIV In the Election of Church-men two things are to be considered the Election of the Persons and their consecration or institution which also is called ordination The first twelve Apostles CHRIST himselfe both elected and ordain'd After CHRISTS asc●nsion Matthias was elected in the roome of Judas the Traitour the Church which at that time consisted of a Congregation of about one hundred and twenty men choosing two men And they appointed two Joseph and Matthias but God himselfe by lot approving of Ma●●ias And Saint Paul calls these twelve the first and great Apostles also the Apostles of the Circumcision Afterward were added two other Apostles Paul and Barnabas ordain'd indeed by the Doctours and Prophets of the Church of A●…h which was a particular Church by the imposition of hands but elected by the command of the Holy Ghost That they were both Apostles is manifest in the 13. of the Acts v. 2 3. That they receiv'd their Apostleship from hence namely because they were separated by command of the spirit for the work of God from the rest of the Prophets and Doctours of the Church of Antioch Saint Paul himselfe shewes who calls himselfe for distinctions sake an Apostle separated unto the Gospell of God Rom. 1. ver 1. But if it be demanded further by what authority it came to passe that that was receiv'd for the command of the Holy Ghost which those Prophets and Doctours did say proceeded from him it must necessarily be answer'd by the Authority of the church of Antioch for the Prophets Doctours must be examined by the Church before they be admitted For Saint John saith Beleeve not every Spitit but try the Spirits whether they are of God because many false Prophets are gone out into the world but by what Church but that to which that Epistle was written In like manner Saint Paul reprooves the Churches of Galatia because they Judaized Gal. 2. v. ●…4 although they seemed to doe so by the Authority of Peter for when he had told them that he had reprehended Peter himselfe with these words If thou being a Iew livest after the manner of Gentiles and not as doe the Iewes why compellest thou the Gentiles to live as do● the Iewes Not long after he questions them saying This onely would I learne of you Received ye the Spirit by the works of the Law or by the hearing of faith Gal. 3. ver●… Where it is evident that it was Judaisme which he reprehended the Galathians for notwithstanding that the Apostle Peter compelled them to Judaize Seeing therefore it belonged to the Church and not to Peter and therefore also not to any man to determine what Doctors they should follow it also pertained to the authority of the Church of Antioch to elect their Prophets and Doctors Now because the Holy Ghost separated to himself the Apostles Paul Barnabas by the imposition of hands from Doctors thus elicted its manifest that imposition of hands consecration of the prime Doctors in each Church belongs to the Doctors of the same Church But Bishops who were also called Presbyters although all Presbyters were not Bishops were ordain'd somtimes by Apostles for Paul Barnabas when they had taught in Derbe Lystra and I●onium ordained Elders in every Church Acts 14. v. 23. sometimes by other Bishops for Titus was by Paul left in Crete that he should ordain Elders in every City Tit. 1. v. 5. And Timothy was advised not to neglect the gift that was in him which was given him by Prophesy with the laying on of the hands of the Presbytery 1. Tim. 4. v. 14 And he had rules given him concerning the Election of Presbyters But that cannot be understood otherwise then of the ordination of those who were elected by the Church for no man could constitute a Doctor in the Church but by the Churches permission For the duty of the Apostles themselves was not to command but to teach and although they who were recommended by the Apostles or Presbyters were not rejected for the esteem that was had of the recommenders yet seeing they could not be elected without the will of the Church they were also suppos'd elected by the authority of the Church In like manner Ministers who are called Deacons were ordained by the Apostles yet elected by the Church for when the seven Deacons were to bee elected and ordained the Apostles elected them not but look yee out say they among you Brethren seven men of honest report c. And they chose Stephen c. And they set them before the Apostles Acts 6. vers 13. 6. It is apparent therefore by the custome of the Primitive Church under the Apostles that the ordination or consecration of all Church-men which is done by prayer and imposition of hands belonged to the Apostles and Doctors but the Election of those who were to be consecrated to the Church XXV Concerning the power of binding and loosing that is to say of remitting and retaining of sinnes there is no doubt but it was given by Christ to the Pastors then yet for to come in the same manner as it was to the present Apostles now the Apostles had all the power of remitting of sins given them which Christ himselfe had As the Father hath sent me sayes Christ so send I you John 20. vers 21. and he addes Whose soever sins yee remit they are remitted and whose soever sins ye retain they are retained vers 23. But what binding and loosing or remitting and retaining of sinnes is admits of some scruple For first to retain his sinnes who being baptized into remission of sins is truly penitent seems to be against the very Covenant it selfe of
the Christians themselves although not actually assembled if they be permitted to enter into the Congregation and to communicate with them For example Tell it to the Church Mat. 18. vers 17. is meant of a Church assembled for otherwise it is impossible to tell any thing to the Church But Hee laid waste the Church Acts 8. vers 3. is understood of a Church not assembled Sometimes a Church is taken for those who are baptized or for the professors of the Christian ●aith whether they be Christians inwardly or feignedly as when we reade of somewhat said or writ●…n to the Church or said or decreed or done by the Church sometimes for the Elect onely as when it is called holy and without blemish Ephes 5. vers 27. But the Elect as they are militant are not properly called a Church for they know not how to assemble but they are a future Church namely in that day when sever'd from the reprobate they shall bee triumphant Againe a Church may bee ●ometimes taken for all Christians collectively as when Christ is called the head of his Church and the head of his body the Church Eph. 5. vers 23. Colos 1. vers 18. sometimes for its parts as the Church of Ephesus The Church which is in his house the seven Churches c. Lastly a Church as it is taken for a Company actually assembled according to the divers ends of their meeting signifies sometimes those who are met together to deliberate and judge in which sense it is also called a Councell a Synod sometimes those who meet together in the house of prayer to worship God in which signification it is taken in the 1 Cor. 14. vers 4 5. 23. 28. c. XX. Now a Church which hath personall Rights and proper actions attributed to it and of which that same must necessarily be understood Tell it to the church and he that obeys not the church and all such like ●ormes of speech is to be defin'd so as by that word may be understood A Multitude of men who have made a new Covenant with God in Christ that is to say a multitude of them who have taken upon them the Sacrament of Baptisme which multitude may both lawfully be call'd together by some one into one place and he so calling them are bound to be present either in Person or by others For a multitude of men if they cannot meet in assembly when need requires is not to be call'd a Person For a Church can neither speak nor discerne nor heare but as it is a congregation Whatsoever is spoken by particular men to wit as many opinions almost as heads that 's the speech of one man not of the Church farthermore if an assembly be made and it be unlawfull it shall be considered as ●●ll Not any one of these therefore who are present in a tumult shall be tyed to the decree of the rest but specially if he dissent and therefore neither can such a Church make any decree for then a multitude is sayd to decree somewhat when every man is oblig'd by the decree of the major part We must therefore grant to the definition of a Church to whith we attribute things belonging to a Person not onely a possibility of assembling but also of doing it lawfully Besides although there be some one who may lawfully call the rest together yet if they who are called may lawfully not appeare which may happen among men who are not subject one to another that same Church is not one Person For by what Right they who being call'd to a certaine time and place doe meet together are one Church by the same others flocking to another place appointed by them are another Church And every number of men of one opinion is a Church and by Consequence there will be as many Churches as there are divers opinions that is to say the same multitude of men will at once prove to be one and many Churches Wherefore a Church is not one except there be a certaine and known that is to say a lawfull power by meanes whereof every man may be oblig'd to be present in the Congregation either himselfe in person or by Proxie and that becomes One and is capable of personall functions by the union of a lawfull power of convocating Synods and assemblies of Christians not by uniformity of Doctrine and otherwise it is a multitude and Persons in the plurall howsoever agreeing in opinions XXI It followes what hath beene already said by necessary connexion that a City of Christian men and a Church is altogether the same thing of the same men term'd by two names for two causes For the matter of a City a Church is one to wit the same Christian men And the forme which consists in a Lawfull power of assembling them is the same too for 't is manifest that every Subject is oblig'd to come thither whither he is summon'd by his City Now that which is call'd a City as it is made up of men the same as it consists of Christians is styled a Church XXII This too is very cohaerent with the same points If there he many Christian Cities they are not altogether personally one church they may indeed by mutuall consent become one Church but no otherwise then as they must also become one City For they cannot assemble but at some certaine time and to some place appointed But Persons places and times belong to civill Right neither can any Subject or stranger lawfully set his foot on any place but by the permission of the City which is Lord of the place But the things which cannot lawfully be done but by the permission of the City those if they be lawfully done are done by the Cities authority The Universall church is indeed one mysticall body whereof CHRIST is the head but in the same manner that all men together acknowledging God for the Ruler of the world are one Kingdome and one C●ty which notwithstanding is neither one Person nor hath it one common action or determination Farthermore where it is said that CHRIST is the head of his body the Church it manifestly appeares that that was spoken by the Apostle of the Elect who as long as they are in this world are a Church onely in potentiâ but shall not actually be so before they be separated from the reprobate and gather'd together among themselves in the day of Judgement The Church of Rome of old was very great but she went not beyond the bounds of her Empire and therefore neither was she Universall unlesse it were in that sense wherein it was also said of the City of Rome Orbem jam totum victor Romanus habebat when as yet he had not the twentieth part of it But after that the civill Empire was divided into parts the single Cities thence arising were so many Churches and that power which the Church of Rome had over them might perhaps wholy depend on the authority of