Assemblies as those must be whereinto every man may enter at his pleasure there is no means any waies to deliberate and give Councel what to do but by long and set Orations whereby to every man there is more or less hope given to incline sway the Assembly to their own Ends In a multitude of speakers therefore where alwaies either one is eminent alone or a few being equal amongst themselvs are eminent above the rest that one or few must of necessity sway the whole Insomuch that a Democracy in effect is no more then an Aristocracy of Orators interrupted sometimes with the temporary Monarchy of one Orator 6. And seeing a Democracy is by Institution the beginning both of Aristocracy and Monarchy we are to consider next how Aristocracy is derived from it When the particular Members of the Common Wealth growing weary of attendance at publick Courts as dwelling far off or being attentive to their private Businesses and withall displeased with the Government of the People assemble themselves to make an Aristocracy there is no more required to the making thereof but putting to the Question one by one the Names of such men as it shall consist of and assenting to their Election and by plurality of Vote to transfer that power which before the People had to the number of men so named and chosen 7. And from this manner of erecting an Aristocracy it is manifest that the Few or Optimates have entred into no Covenant with any of the particular Members of the Common VVealth wherof they are Soveraign and consequently cannot do any thing to any private man that can be called Injury to him howsoever their act be wicked before Almighty God according to that which hath been sayd before Sect â— Farther it is impossible that the People as one Body Politick should covenant with the Aristocracy or Optimates on whom they intend to transfer their Soveraignty For no sooner is the Aristocracy erected but the Democracy is annihilated and the Covenants made unto them void 8. In all Aristocracies the Admission of such as are from time to time to have Vote in the soveraign assembly dependeth on the Will and Decree of the present Optimates For they being the Soveraign have the nomination by the 11. Section of the former Chapter of all Magistrates Ministers and Counsellors of State whatsoever and may therefore chuse either to make them elective or hereditary at their pleasure 9. Out of the same Democracy the Institution of a Political Monarch proceedeth in the same manner as did the Institutioâ— of the Aristocracy to wit by a Decree of the Soveraign People to passe the Soveraignty to One Man named and approved by Plurality of Suffrage And if this Soveraignty be truly and indeed transferred the Estate or Common-Wealth is an absolute Monarchy wherein the Monarch is at liberty to disposâ— as well of the Succession as of the Possession and not an Elective Kingdome For supposâ— a Decree be made first in this manner Thaâ— such a One shal have the Soveraignty for hiâ— life and that afterward they will chuse a new In this Case the Power of the People is dissolved or not if dissolved then after the Death of him that is chosen there is no man bound to stand to the Decrees of them that shall as Private men run together to make a new Election and consequently if there be any man who by the advantage of the Raign of Him that is dead have strength enough to hold the multitude in Peace and Obedience he may lawfully or rather is by the Law of Nature obliged so to do if this power of the people were not dissolved at the chusing of their King for life then is the people Soveraign still and the King a Minister thereof only but so as to put the whole Soveraignty in Execution A Great Minister but no otherwise for his time then a Dictator was in Rome In this case at the death of him that was chosen they that meet for a new Election have no new but their old Authority for the same For they were the Soveraign all the time as appeareth by the Acts of those Elective Kings that have procured from the People that their children might succeed them For it is to be understood when a man receiveth any thing from the Authority of the people he receiveth it not from the People his Subiects but from the people his Soveraign And farther though in the Election of a King for his life the People grant him the Exercise of their Soveraignty for that time Yet if they see cause they may recall the same before the Time As a Prince that conferreth an Office for life may nevertheless upon suspition of Abuse thereof recall it at his pleasure in as much as Offices that require lobour and care are understood to passe from him that giveth them as Onera Burthens to them that have them the recalling whereof are therefore not Injury but Favour Nevertheless if in making an Elective King with Intention to reserve the Soveraignty they reserve not a Power at certaine known and determined times and places to assemble themselves the reservation of their Soveraignty is of no effect in as much as no man is bound to stand to the Decrees and Determinations of those that assemble themselves without the Soveraign Authortiy 10. In the former Section is shewed that elective Kings that exercise their Soveraignty for a Time which determines with their Life either are Subjects or not Soveraigns And that it is when the people in Election of them reserve unto themselves the right of Assembling at certaine times and places limited and made known Or else Absolute Soveraigns to dispose of the Succession at their Pleasure and that is when the people in their Election have declared no time nor place of their meeting or have left it to the power of the Elected King to assemble and dissolve them at such times as he himselfe shall think good There is another kind of Limitation of time to him that shal be elected to use the Soveraign Power which whether it hath been practised anywhere or not I know not but it may be imagined and hath been obiected against the Rigor of Soveraign Power and it is this that the People transfer their Soveraignty upon Conditions As for Example for so long as he shall observe such and such Lawes as they then prescribe him And here as before in elected Kings the Question is to be made whether in the Electing of such a Soveraign they reserved to themselves a right of Assembling at times and places limited and known or not if not then is the Soveraignty of the People dissolved and have neither power to iudge of the Breach of the Conditions given him nor to command any Forces for the Deposing of him whom on that Condition they had set up but are in the Estate of war amongst themselves as they were before they made themselves a Democracy and consequently
if he that is elected by the advantage of the possession he hath of the publick meanes be able to compel them to Unity and Obedience he hath not only of the right of Nature to warrant him but of the Law of Nature to Oblige him thereunto But if in Electing him they reserved to themselves a right of Assembling and appointed certain times and places to that purpose then are they Soveraign still and may call their conditional King to account at their pleasure and deprive him of his Government if they judge he deserve it either by breach of the condition set him or otherwise For the Soveraign power can by no Covenant with a subiect be bound to continue him in the charge he undergoeth by their Command as a Burden imposed not particularly for his good but for the good of the Soveraign People 11. The Controversies that arise concerning the Right of the People proceed from the Equivocation of the Word For the word People hath a double signification In one sense it signifieth onely a Number of Men distinguished by the place of their habitation as the People of England or the People of France which is no more but the Multitude of those particular persons that inhabit those Regions without consideration of any Contracts or Covenants amongst them by which any one of them is obliged to the rest In another sense it signifieth a Person civill that is to say either one Man or one Councel in the Will whereof is included and involved the Will of every one in particular As for example in this later sence the lower House of Parliament is all the Commons as long as they sit there with authority and right thereto but after they be dissolved though they remain they be no more the People nor the Commons but only the Aggregate or Multitude of the particular men there sitting how well soever they agree or concur in Opinions amongst themselves whereupon they that do not distinguish between these two significations do usually attribute such rights to a dissolved Multitude as belong only to the People virtually contained in the Body of the Common Wealth or Soveraignty And when a great number of their own authority flock together in any nation they usually give them the name of the whole Nation In which sense they say the People rebelleth or the People demandeth when it is no more then a dissolved multitude of which though any one man may be said to demand or have right to something yet the heap or multitude cannot be said to demand or have right to any thing For where every man hath his right distinct there is nothing left for the multitude to have right unto and when the particulars say this is mine this is thine and this is his and have shared all amongst them there can be nothing whereof the Multitude can say this is mine nor are they one Body as behoveth them to be that demand any thing under the name o Mine or His and when they say Ours every man is understood to pretend in severall and not the multitude On the other side when the Multitude is united into a Body politick and thereby are a People in the other signification and their wills virtually in the Soveraign there the rights and Demands of the particulars do cease and he or they that have the Soveraign Power doth for them all demand and vindicate under the name of his that which before they called in the plural Theirs 12. VVe have seen how particular men enter into subiection by transferring their Rights It followeth to consider how such subiection may be discharged And first if He or they that have the Soveraign Power shall relinquish the same voluntarily there is no doubt but every man is again at Liberty to obey or not Likewise if he or they retaining the Soveraignty over the rest do neverthless exempt some one or more from their subiection every man so exempted is discharged for he or they to whom any man is obliged hath the power to release him 13. And here it is to be understood that when he or they that have the Soveraign power give such exemption or Priviledge to a Subiect as is not seperable from the Soveraignty and nevertheless directly retaineth the Soveraign Power not knowing the consequence of the priviledg they grant the Person or persons exempted or priviledged are not thereby released For in contradictory significations of the will Part 1. Chap. 13. Sect. 9. That which is directly signified is to be understood for the will before that which is drawn from it by Consequence 14. Also Exile perpetual is a Release of Subiection forasmuch as being out of the protection of the Soveraignty that expelled him he hath no meanes of subsisting but from himself Now every man may lawfully defend himself that hath no other Defence else there had been no necessity that any man should enter into voluntary subiection as they do in Common Wealths 15. Likewise a man is released of his subiection by conquest For when it cometh to pass that the Power of a Common wealth is overthrown and any particular man thereby lying under the sword of his Enemy yeildeth himself Captive he is thereby bound to serve him that taketh him and consequently discharged of his Obligation to the former For no man can serve two Masters 16. Lastly Ignorance of the Succession dischargeth Obedience For no man can be understood to be obliged to obey he knoweth not whom CHAP. III. 1.2 Titles to Dominion Master and Servant c. 3. Chaines and other c. Bonds c. Slave defined 4. Servants have no property against their Lord c. 5. The Master hath right to alienate his Servant 6. The Servant of the Servant c. 7. How Servitude is discharged 8. The middle Lord c. 9. The title of Man c. Over Beasts HAving set forth in the two preceding Chapters the Nature of a Common Wealth Institutive by the Consent of many men together I come now to speak of Dominion or a Body politick by acquisition which is commonly called a Patrimonial Kingdome But before I enter thereinto it is necessary to make known upon what Title one man may acquire Right that is to say Property or Dominion over the person of another For when one Man hath Dominion over another there is a little Kingdome And to be a King by Acquisition is nothing else but to have acquired a Right or Dominion over many 2. Considering men therefore again in the Estate of Nature without Covenants or Subjection one to another as if they were but even now all at once created Male and Female there be three Titles only by which one man may have Right and Dominion over another whereof two may take place presently and those are voluntary offer of Subjection and yeilding by Compulsion The third is to take place upon the supposition of Children begotten amongst them Concerning the first of these three Titles it is handled
against the generall definition of the Law of Nature 10. And seeing the Law of Nature commandeth Pardon when there is repentance and caution for the Future it followeth that the same Law ordaineth That no Revenge be taken upon the consideration only of the offence past but of the benefit to come that is to say That all Revenge ought to tend to amendment either of the Person offending or of others by the example of his punishment which is sufficiently apparent in that the Law of Nature commandeth Pardon where the future time is secured The same is also apparent by this That revenge when it considereth the offence past is nothing else but present Triumph and Glory and directeth to no End and what is directed to no end is therefore unprofitable and consequently the Triumph of Revenge is Vain-Glory And whatsoever is vain is against Reason and to hurt one another without Reason is contrary to that which by supposition is every mans Benefit namely Peace and what is contrary to peace is contrary to the Law of Nature 11. And because all signs which we shew to one another of Hatred and Contempt provoke in the highest degree to Quarrell and Battel in as much as Life it self with the condition of enduring scorn is not esteemed worth the enjoying much lesse Peace it must necessarily be implyed as a Law of Nature That no man reproach revile deride or any otherwise declare his Hatred Contempt or Disesteem of any other But this Law is very little practised For what is more ordinary then reproaches of those that are rich towards them that are not or of those that sit in place of Judicature towards those that are accused at the Bar although to greive them in that manner be no part of the punishment for their Crime nor contained in their Office But Use hath prevailed That what was lawful in the Lord towards the Servant whom he maintaineth is also practised a◠lawful in the more Mighty towards the lesse though they contribute nothing towards their maintenance 12. It is also a Law of Nature That one man allow Commerce and Traffick indifferently to one another For he that alloweth that to one man which he denyeth to another declareth his hatred to Him to whom he denyeth And to declare Hatred is Warr And upon this title was grounded the great War between the Athenians and the Peloponnesians For would the Athenians have condescended to suffer the Megareans their Neighbours to traffick in their Ports and Markets that War had not begun 13. And this also is a Law of Nature That all Messengers of Peace and such as are imployed to procure and maintaine Amity between Man and Man may safely come and goe For seeing Peace is the general Law of Nature the meanes thereto such as are these men must in the same Law be comprehended CHAP. IV. 1. A Law of Nature that every man acknowledge other for his Equal 2. Another That men allow aequalia aequalibus 3. Another that those things which cannot be divided be used in common 4. Another That things indivisible and incommunicable be divided by Lot 5. Natural Lot Primogeniture and first possession 6. That men submit to arbitration 7. Of an Arbitrator 8. That no man presse his counsel upon any man against his will 9. How to know suddenly what is the Law of Nature 10. That the Law of Nature taketh place after security from others to observe the same 11. The Right of Nature not to be taken away by Custome nor the Law of Nature abrogated by any Act. 12. Why the Dictates of Nature are called Lawes 13. Whatsoever is against Conscience in a man that is his owne Judge is against the Law of Nature 14. Of Malum Poenae Malum Culpae Virtue and Vice 15. Aptitude to society fulfilleth the Law of Nature THe Question which is the Better man is determinable onely in the Estate o◠Government and Policy though it be mistaken for a Question of Nature not onely by Ignorant men that thinke One man Blood better then Anothers by Nature but also by Him whose Opinions are at this day and in these parts of greater authority then any other humane writings For he puttet so much difference between the Powers 〈◊〉 men by Nature that he doubteth not to s◠down as the ground of all his Politick That some men are by Nature worthy to govern and Others by Nature ought to serve Which Foundation hath not only weakne◠the whole Frame of his Politicks but hath also given men Colour and Pretences whereby to disturb and hinder the Peace of one another For though there were such a Difference of Nature that Master and Servant were not by consent of men but by Inherent Virtue yet who hath that Eminency of Virtue above others and who is so stupid as not to govern himself shall never be agreed upon amongst men who do every one naturally think himself as able at the least to govern another as another to govern him And when there was any contention between the Finer and the Courser Wits as there hath been often in Times of Sedition and Civill War for the most part these latter carried away the Victory and as long as men arrogate to themselves more Honour then they give to others it cannot be imagined how they can possibly live in Peace and consequently we are to suppose that for Peace sake Nature hath ordained this Law That every man acknowledg other for his Equall And the Breach of this Law is that we call Pride 2. As it was necessary that a man should not retain his Right to every thing so also was it that he should retain his right to some Things to his own Body for example the Right of Defending whereof he could not transfer To the Use of Fire water Free Aire and Place to live in and to all things necessary for Life Nor doth the Law of Nature command any devesting of other Rights then of those only which cannot be retained without the losse of Peace Seeing then many Rights are retained when we enter into peace one with another Reason and the Law of Nature dictateth Whatsoever Right any man requireth to retain he allow every other man to retain the same For he that doth not so alloweth not the Equality mentioned in the former Section For there is no acknowledgement of Worth without attribution of the Equality of Benefit and Respect And this allowance of aequalia aequalibus is the same thing with the allowing of Proportionalia Proportionalibus For when a man alloweth to every man a like the allowance he maketh will be in the same proportion in which are the Numbers of men to whom they are made And this is it men mean by distributive Justice and is properly termed Equity The Breach of this Law is that which the Greeks call {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} which is commonly rendred coveteousness but seemeth to be more precisely expressed by the word
himselfe to no greater then Humane Authoritie Nor can a man bee said to submit himselfe to Holy Scripture that doth not submit himselfe to some or other for the Interpretation thereof Or why should there bee any Church Government at all instituted if the Scripture it selfe could doe the Office of a Judge in Controversies of Faith But the Truth is apparent by continuall Experience that men seeke not onely Liberty of Conscience but of their Actions nor that onely but a farther Liberty of perswading others to their Opinions nor that onely for every man desireth that the Soveraign Authoritie should admit no other Opinions to bee maintained but such as hee himselfe holdeth 14. The difficulty therefore of obeying both God and Man in a Christian Common Wealth is none All the difficulty resteth in this Point Whether hee that hath received the Faith of Christ having before subiected himselfe to the Authoritie of an Infidell bee discharged of his Obedience thereby or not in matters of Religion In which case it seemeth reasonable to thinke that since all Covenants of Obedience are entred into for the preservation preservation of a mans life if a man be content without Resistance to lay down his life rather then obey the commands of an Infidel in so hard a Case he hath sufficiently discharged himself thereof For no Covenant bindeth farther then to endeavour and if a man cannot assure himself to perform a iust Duty when thereby he is assured of present Death much less it can be expected that a man should perform that for which he believeth in his heart he shall be damned eternally And thus much concerning the Scruple of Conscience that may arise concerning Obedience to Humane Lawes in them that interpret the Law of God to themselves It remaineth to remove the same scruple from them that submit their controversies to others not ordained thereunto by the Soveraign Authority And this I refer to the Chapter following CHAP. VII 1. The Questions propounded who are the Magistrates in the Kingdome of Christ 2. The Questions exemplified in the Controversies between Moses and Aaron and between Moses and Corah 3. Amongst the Jews the Power Temporal and Spiritual in the same Hand 4. Parallel of the Twelve Princes of Israel and the twelve Apostles 5. Parallel of Seventy Elders and Seventy Disciples 6. The Hierarchy of the Church in our Saviours time consisted in the Twelve and in the Seventy 7. Why Christ ordained not Priests for Sacrifices as Moses did 8. The Hierarchy of the Church in the Apostles time Apostles Bishops and Priests 9. The Preaching of the Gospel was not commanding but perswading 10. Excommunication Soveraignes immediate Rulers Ecclesiasticall under Christ 11. That no man hath any just Pretence of Religion against Obedience to Common-VVealth God speaketh to Man by his Vicegerents IN the former Chapter have been removed those difficulties opposing our Obedience to Humane Authority which arise from misunderstanding of our Saviours Title and Lawes in the former whereof namely his Title consisteth our Faith and in the latter our Justice Now they who differ not amongst themselves concerning his Title and Lawes may neverthelesse have different opinions concerning his Magistrates and the Auâ—hority he hath given them And this is the cause why many Christians have denyed Obedience to their Princes pretending that our Saviour Christ hath not given this Magistracy to them but to others As for example some say to the Pope universally some to a Synod Aristocratical Some to a Synod Democraticall in every several Common VVealth and the Magistrates of Christ being they by whom he speaketh the Question is Whether he â—peak unto us by the Pope or by Convocations of Bishops and Ministers or by Them that have the Soveraign Power in every Common-Wealth 2. This Controversie was the cause of those two Mutinies that happened against Moses in the Wilderness The first by Aaron and his Sister Miriam who took upon them to censure Moses for marrying an Ethiopian woman And the state of the Question between them and Moses they set forth Numb. 12.2 in these words VVhat hath the Lord spoken but only by Moses hath be not spoken also by us and the Lord heard this c. and punished the same in Miriam forgiving Aaron upon his Repentance And this is the case of all them that set up the Priest-hood against the Soveraignty The other was of Corah Dathan and Abiram who with two hundred and fifty Captains gathered themselves together against Moses and against Aaron The state of their Controversie was this Whether God were not with the Multitude as well as with Moses and every man as holy as he For Numb. 16.3 thus they say You take too much upon you seeing all the Congregation is holy every one of them and the Lord is amongst them wherefore then lift ye your selves above the Congregation of the Lord And this is the case of them that set up their private Consciences and unite themselves to take the Government of Religion out of the hands of Him or Them that have the Soveraign Power of the Common Wealth which how well it pleaseth God may appear by the hideous punishment of Corah and his Complices 3. In the Government therefore of Moses there was no power neither Civil nor Spiritual that was not derived from him Nor in the State of Israel under Kings was there any Earthly Power by which those Kings were compellable to any thing or any Subiect allowed to resist them in any case whatsoever For though the Prophets by extraordinary calling did often admonish and threaten them yet they had no Authority over them And therefore amongst the Jews the power Spirituall and Temporall was alwayes in the same Hand 4. Our Saviour Christ as he was the rightful King of the Jewes in particular as well as King of the Kingdome of Heaven in the ordaining of Magistrates received that form of Policy which was used by Moses According to the number of the Children of Jacob Moses tooke unto him by the appointment of God Numb. 1.4 twelve men every one of the chief of their Tribe which were to assist him in the Muster of Israel And these twelve vers. 24. are called the Princes of Israel Twelve men every one for the house of their Fathers which are said also Numb. 7.2 To be heads over the Houses â—f their Fathers and Princes of the Tribes and â—ver them that were numbred And these were every one equall amongst themselves In like manner our Saviour tooke unto him Twelve Apostles to be next unto him in Authority of whom he saith Matth. 19.28 When the Son of Man shall sit in the Throne of his Maiesty ye shall follow me in the Regeneration shall sit also upon Twelve Thrones and iudge the Twelve Tribes of Israel And concerning the equality of the Twelve Apostles amongst themselves our Saviour saith Matth. 20.25 Ye know that the Lords of the Gentiles have Domination over them c. vers. 26. But
it shall not be so amongst you but whosoever will be greatest among you let him be your servant And Matth. 23.11 He that is greatest among you let him be your Servant And a little before vers. 8. Be not called Rabbi for one is your Doctor Christ and all ye are Brethren And Act. 1. in the chusing of Matthias to be an Apostle though S. Peter used the part of a Prolocutor yet did no man take upon him the Authority of Election but referred the same to Lot 5. Again Moses had the command of God Num. 11.16 Gather to me seventy men of the Elders of Israel whom thou knowest that they are the Elders of the People and Governors over them and bring them unto the Tabernacle c. And Moses did accordingly vers 24. And these were chosen to help Moses in bearing the burthen of the Government as appeareth vers. 17. of the same Chapter And as the Twelve Princes of the Tribes were according to the number of Jacobs Children so were the seventy Elders according to the number of the persons that went down with Jacob into Egypt In like manner our Saviour in his Kingdome of Heaven the Church out of the whole number of those that believed in him ordained seventy Persons which peculiarly were called the seventy Disciples to whom he gave power to preach the Gospel and Baptize 6. In our Saviours time therefore the Hierarchy of the Church consisted besides Himself that was the Head of Twelve Apostles who were equal amongst themselves but ordained over others as were the twelve Heads of the Tribes or seventy Disciples who had every one of them power to Baptize and Teach and help to govern the whole Flock 7. And whereas in the Common Wealth instituted by Moses there was not only an High Priest for the present but also a Succession and Order of Priest it may be demanded Why our Saviour Christ did not ordain the like To which may be answered That the High Priesthood for as much as concerneth the Authority thereof was in the Person of Christ as he was Christ that is King So also was it in Moses Aaron having the Ministerial part only For notwithstanding that Aaron was the High Priest yet the consecration of him belonged to Moses Exod. 29.1 All the Utensils of sacrifice and other holy Things were ordered by Moses and in sum the whole Levitical Law was delivered by God by the hand of Moses who was to Aaron a God and Aaron to him a Mouth And for the Ministerial part there could no High Priest be ordained but himself for seeing our Saviour was himself the Sacrifice who but himself could offer him up And for the celebration of that sacrifice for ever after our Saviour annexed the Priest-hood to those whom he had appointed to govern in the Church 8. After the ascension of our Saviour the Apostles dispersed themselves for the spreading of the Gospel and continually as they converted any number of men in any city or region to the Faith they chose out such as they thought fittest to direct them in matter of conversation and life according to Christs law and to explicate unto them that Mysterie of Christ come in the flesh that is to say to unfold unto them at large the office of the Messiah And of those Elders some were subordinate to others according as the Apostles who ordained them thought meet so S. Paul gave power unto Titus to ordain Elders in Crete to redress things that were amiss So that Titus was an Elder ordained Elders Tit. 1.5 For this cause I left thee in Creet that thou shouldest continue to redress the things that remain ordain Elders in every City where the word is {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} that is constitute whereby it appeareth that in the Apostles times one Elder had authority over another to ordain and rule them For 1 Tim. 5.16 Timothy an Elder is made iudg of accusations against other Elders And Act. 14.23 The Disciples are said to ordain Elders for all the congregations of the cities they had preached in And though the word there be {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} yet it signifieth not election by holding up of hands but simply and absolutely Ordination For the ordinary chusing of Magistrates amongst the Grecians which were all either popularly governed or else by Oligarehy being performed by holding up of hands made that word be taken simply for an Election or Ordination howsoever made And thus in the Primitive Church the Hierarchy of the Church was Apostles Elders that governed other Elders and Elders that ruled not but their office was to preach to administer the Sacraments to offer up prayers and thanksgiving in the name of the People But at that time there appeared no distinction between the names of Bishop and Elder But immediatly after the Apostles time the word Bishop was taken to signifie such an Elder as had the government of Elders and other Elders were called by the name of Priests which signifieth the same that Elder doth And thus the Government of Bishops hath a Divine pattern in the twelve Rulers and seventy Elders of Israel in the twelve Apostles and seventy Disciples of our Saviour in the ruling Elders and not Ruling-Elders in the time of the Apostles 9. And thus much of the Magistrates over Christs Flock in the primitive Church For the office of a Minister or Ministress was to be subiect to the Flock and to serve them in those things which appertained to their temporal business The next thing to be considered is the Authority which our Saviour gave to them either over those whom they had converted or those whom they were about to convert And for these latter which as yet were without the Church the authority which our Saviour gave to his Apostles was no more but this To preach unto them that Jesus was the Christ and to explicate the same in all points that concern the Kingdome of Heaven and to perswade men to embrace our Saviours Doctrine but by no meanes to compel any man to be subiect to them for seeing the Lawes of the Kingdom of Heaven as hath been shewed Par. 1. chap. 5. Sect. 10. are dictated to the conscience onely which is not subiect to compulsion and constraint it was not congruent to the style of the King of Heaven to constrain men to submit their actions to him but to advise them only nor for him that professeth the Sum of his law to be love to extort any duty from us with feare of temporall punishment And therefore as the mighty men in the world that hold others in subiection by force are called in Scripture by the name of hunters so our Saviour calleth those whom he appointed to draw the world unto him by subduing their affections Fishers And therefore he saith to Peter and Andrew Math 4.19 Follow me and I will make yee fishers of men And Luke 10.3 Beholâ— saith Christ I send yee
forth as Lambs amongst Wolves And it were to no end to give them the right of compelling without strengthing the same with greater power then of Lambs amongst Wolves Moreover Math 10. where our Saviour giveth a commission to his twelve Apostles to go forth and convert the Nations to the Faith he giveth them no authority of Coercion and punishment but only saith vers. 14. Whosoever shall not receive you nor hear your words when ye depart out of that house or that City shake off the dust of your fee It shall be easier for the land of Sodome and Gomorrah in the day of Judgmemt then for that city Whereby it is manifest that all that the Apostles could do by their authority was no more than to renounce communion with them and leave their punishment to God Almighty in the day of Judgement Likewise the comparisons of the Kingdom of Heaven to the seed Math 13.3 and to the Leven Math 13.33 doth intimate unto us that the increase thereof ought to proceed from internall operation of Gods Word preached and not from any Law or compulsion of them that preach it Moreover our Saviour himselfe saith Joh. 18.36 That his Kingdome is not of this World and consequently his Magistrates derive not from him any authority of punishing men in this World And therefore also Math 26.52 After S. Peter had drawn his sword in his defence our Saviour saith Put up thy sword into his place For all that take the sword shall perish by the sword And vers. 54. How then shal the Scriptures be fullfilled which say that it must be so shewing out of the Scriptures that the Kingdome of Christ was not to be defended by the sword 10. But concerning the authority of the Apostles or Bishops over those who were all-ready converted and within the Church â—here be that think it greater then over them â—ithout For some have said Though the Law of Christ deprive no Prince of his Dominion and Paul did rightly appeal unto Cesar whilst Kings were â—nfidells and out of the Church yet when they became Christians and of their own accord under went the Lawes of the Gospel presently as sheep to a shepherd and as Members to the Head they became subiect to the Prelate of the Ecclesiastical Hierarchy Bell. Lib. De Rom. Pont. Chap. 29. which whether it be true or not is to be considered by that light which we have from the holy Scripture concerning the power of our Saviour and his Apostles over such as they had converted But our Saviour as he imitated the common-wealth of the Jewes in his Magistrates the twelve and the seventy so did he also in the Censure of the Church which was Excommunication but amongst the Jews the Church did put the Excommunicated persons from the Congregation which they might do by their Power Temporall but our Saviour and his Apostles who took upon them no such Power could not forbid the Excommunicated person to enter into any place and Congregation into which he was permitted to enter by the Prince or Soveraign of the place For that had been to deprive the Soveraign of his Authority And therefore the Excommunication of a Person subject to an Earthly power was but a Declaration of the Church which did excommunicate that the person so excommunicated was to be reputed still as an Infidell but not to be driven by their Authority out of any company he might otherwise lawfully come into And this is it our Saviour saith Math. 18.17 If he refuse to hear the Church let him be unto thee as an heathen man and a Publican So that the whol effect of excommunicating a Christan Prince is no more then he or they that so excommunicate him depart and banish themselves out of his Dominion Nor can they thereupon discharge any of his subjects of their obedience to him for that were to deprive him of his Dominion which they may not do for being out of the Church It is confessed by them that make this objection and proved in the former Section that our Saviour gave no Authority to his Apostles to be judges over them And therefore in no case can the Soveraign power of a Common-wealth be subject to any Authority Ecclesiasticall besides that of Christ himselfe And though he be informed concerning the Kingdome of Heaven and subiect himselfe thereto at the perswasions of persons Ecclesiasticall yet is he not thereby subiect to their Goverment and Rule For if it were by their Authority he took that Yoke upon him and not by their Perswasion then by the same Authority he might cast it off But this is unlawfull For iâ— all the Churches in the World should renounce the Christian Faith yet is not this sufficient Authority for any of the Members to do the same It is manifest therefore that they who have Soveraign Power are Immediate Rulers of the Church under Christ and all other but subordinate to them If that were not but Kings should command one thing upon pain of Death and Priests another upon pain of Damnation it would be impossible that Peace and Religion should stand together 11. And therefore there is no iust Cause for any man to withdraw his Obedience from the Soveraign State upon pretence that Christ had ordained any State Ecclesiasticall above it And though Kings take not upon them the Ministeriall Priesthood yet are they not so meerly Laick as not to have Sacerdotall Jurisdiction To conclude this Chapter Since God speaketh not in these Dayes to any man by his private Interpretation of the Scriptures nor by the Interpretation of any Power above or not depending on the Soveraign Power of every Common Wealth it remaineth that he speaketh by his Vice-Gods or Lievtenants here on Earth that is to say by Soveraign Kings or such as have Soveraign Authority as well as they CHAP. VIII 1. The things that dispose to Rebellion Discontent Pretence and hope of Successe 2. Discontent that disposeth to Sedition consisteth partly in fear of Want or punishment 3. Partly in Ambition 4. Six heads of pretences to Rebellion 5. The first of them That men ought to do nothing against Conscience confuted 6. The second That Soveraigns are subiect to their own Lawes confuted 7. The third That the Soveraignty is divisible confuted 8. The fourth That Subiects have a Propertye distinct from the Dominion of the Soveraign confuted 9. The fift That the People is a Person distinct from the Soveraign confuted 10. The sixt That tirannicide is lawfull confuted 11. Foure Heads of Hope of successe in Rebellion 12. Two things necessary to an Author of Rebellion much Eloquence and little Wisdome 13. That the Authors of Rebellion necessarily are to be men of little Wisdome 14. That the same are necessarily Eloquent 15. In what manner they concur to their common Effects HItherto of the Causes why and the Manner how men have made Common Wealths In this Chapter I shall shew breifly by what causes and in what manner they
Soveraigns 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 Soveraign by the Law of Nature 5. Meum Tuum to be set out to the Subjects distinct from one another c. a Duty of Soveraigns 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 Institution of Youth c. necessary c. 9. Avoiding of unnecessary War a necessary Duty of the Soveraign ctc. HAving hitherto set forth how a Body Politick 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 imployed and in which consisteth the Duty of Him or Them that have the Soveraign Power For the Duty of a Soveraign consisteth in the Good Government of the People And although the Acts of Soveraign power be no Injuries to the Subiects who have consented to the same by their implicite 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 Soveraigns and required at their hands to the utmost of their endeavour by God Almighty under the pain of Eternall Death And as the Art and Duty of Soveraigns consist in the same Acts so also doth their Profit For the end of Art is Profit and Governing to the Profit of the Subiects is Governing to the Profit of the Soveraign as hath been shewed Part 2. Chap. 5. Sect. 1. And these three 1. The Law over them that have Soveraign 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 meer preservation of their lives but generally their Benifit and Good So that this is the generall Law for Soveraigns That they procure to the uttermost of their Endeavour the Good of the People 2. And for as much as Eternal is better â—â—en Temporal Good it is evident that they â—ho are in Soveraign Authority are by the â—aw of Nature obliged to further the estaâ—lishing of al such Doctrines and Rules and the Commanding of all such Actions as in â—heir Conscience they beleive to be the true â—ay thereunto For unless they do so it â—annot be said truly that they have done the â—ttermost of their Endeavour 3. For the Tempoâ—al Good of the people â—â—consisteth in four points 1. Multitude 〈◊〉 Commodity of living 3. Peace amongst themselves 4. Defence against Forraign â—ower Concerning Multitude It is the â—uty of them that are in Soveraign Authoâ—â—ty to increase the people in as much as â—â—ey are Governours of Mankind under God â—lmighty who having created but One â—an and One Woman declared That it â—as his Will they should be multiplyed and â—ncreased afterwards And seeing this is to â—e done by Ordinances concerning copuâ—ation they are by the Law of Nature bound â—o make such Ordinances concerning the â—ame as may tend to the Increase of Manâ—ind And hence it cometh that in them â—ho have Soveraign Authority not to forâ—id such Copulations as are against the Use 〈◊〉 Nature not to forbid the promiscuous Use â—f VVomen not to forbid one VVomen to â—ave 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 4. The Comodity of Living consisteth in Liberty and VVealth By Liberty I mean that there be no Prohibition without necessity of any thing to any man which was lawful to him in the Law of Nature that is to say That there be no Restraint of Naturall Liberty but what is necessary for the Good of the Common VVealth and that well-meaning men may not fall into the Danger of Lawes as into snares before they be aware It appertaineth also to this Liberty That a man may have commodious passage from place to place and not be imprisoned or confined with the Difficulty of wayes and want of means for transportation of things necessary And for the wealth of people it consisteth in three things The well ordering of Trade Procuring of Labour and Forbiding the superfluous consuming of Food and Apparel All those therefore that are in Soveraign Authority and have taken upon them the Government of People are bound by the Law of Nature to make Ordinances consisting in the Points afore named as being contrary to the Law of Nature unnecessarily either for ones own Fancy to inthrall or ty men so as they cannot move without danger or to suffer them whose maintenance is our benefit to want any thing necessary for them by our Negligence 5. For maintaiinng of Peace at home there be so many Things necessary to be considered and taken order in as there be several Causes concurring to Sedition And first it is necessary to set out to every Subiect his Propriety and distinct Lands and Goods upon which he may exercise and have the Benefit of his own Industry and without which men would fall out amongst themselves as did the Heardsmen of Abraham and Lot every man enchroaching and usurping as much of the common Benefit as he can which tendeth to Quarel and Sedition Secondly to divide the Burthens and Charges of the Common Wealth proportionably Now there is a Proportionably to every mans Abilily and there is a Proportionably to his Benefit by Common Weath And this latter is it which is according to the Law of Nature For the Burdens of the Common Wealth being the Price that we pay for the Benefit thereof they ought to be measured thereby And there is no reason when two men equally enioying by the benefit of the Common Wealth their Peace and Liberty to use their Industry to get their Livings where of one spareth and laieth up somewhat the other spendeth all he gets why they should not equally contribute to the common charge That seemeth therefore to be the most equall way of dividing the burden of publick charge when every man shall contribute according to what he spendeth and not according to what he gets And this is then done when men pay the Common Wealths Part in the payments they make for their own Provision And this
seemeth not only most equal but also least sensible and least to trouble the mind of them that pay it For there is nothing so aggravateth the grief of parting with money to the Publick as to think they are over-rated and that their Neighbours whom they envy do thereupon insult over them and this disposeth them to Resistance and after that such Resistance hath produced a mischief to Rebellion 6. An other thing necessary for the maintaining of peace is the due execution of iustice which consisteth principally in the right performance of their Duties which are the Magistrates ordained for the same by and under the Authority of the Soveraign Power which being private men in respect of the Soveraign and consequently such as may have private Ends whereby they may be corrupted with gifts or Intercession of Friends ought to be kept in awe by an higher Power lest people greived by their Injustice should take upon them to make their own Revenges to the Disturbance of the common Peace which can by no way be avoided in the prineipal and immediate Magistrates without the Judicature of the Soveraign himself or some extraordinary power delegated by him It is therefore necessary that there be a power extraordinary as there shall be occasion from Time to Time for the syndication of Judges and other Magistates that shall abuse their Authority to the Wrong and discontent of the People and a free and open way for the presenting of Grievances to him or them that have the Soueraign Authority 7. Besides these Considerations by which are prevented the Discontents that arise from Oppression there ought to be some meanes for the keeping under of those that are disposed to Rebellion by Ambition which consist principally in the constancy of him that hath the Soveraign Power who ought therefore constantly to grace and encourage such as being able to serve the Common Wealth do nevertheless contain themselves within the bounds of Modesty without repining at the Authority of such as are imployed and without aggravating the Errours which as men they may commit especially when they suffer not in their own particular and constantly to shew displeasure dislike of the contrary And not only so but also to ordain severe punishments for such as shall by Reprehension of publick Actions affect popularity and applause amongst the multitude by which they may be enabled to have a faction in the Common Wealth at their Devotion 8. Another thing necessary is the rooting out of the Consciences of men all those opinions which seem to iustifie and give pretence of Right to Rebellious Actions such as are the Opinions That a man can do nothing lawfully against his private Conscience That they who have the Soveraignty are subiect to the civil Laws That there is an Authority of Subiects whose Negative may hinder the Affirmative of the Soveraign Power That any Subiect hath a propriety distinct from the Dominion of the Common Wealth That there is a body of the People without him or them that have the Soveraign power that any lawful Soveraign may be resisted under the name of a Tyrant which Opinions are they which Part 2. Chap. 8. Sect. 5.6 7 8 9 10. have been declared to dispose men to Rebellion And because Opinions which are gotten by education and in length of time are made habitual cannot be taken away by force and â—pon the sudden they must therefore be â—aken away also by Time and Education And â—eeing the said Opinions have proceeded â—rom private and publick Teaching and â—hose Teachers have received them from Grounds and Principalls which they have â—earned in the Universities from the Doctrine of Aristotle and others who have dilivered nothing concerning Morality and Policy demonstratively but being passionately addicted to Popular Government have insinuated their Opinions by eloquent Sophistry There is no doubt if the true Doctrine concerning the Law of Nature and the Properties of a Body Politick and the Nature of Law in general were prespicuously set down and taught in the Universities but that Young men who come thither void of preiudice and whose minds are as white paper capable of any Instruction would more easily receive the same and afterwards teach it to the people both in Books and otherwise then now they do the contrary 9. The last Thing contained in that Supream Law Salus Populi is their Defence and consisteth partly in the Obedience and Unity of the Subiects of which hath been already spoken and in which consisteth the Means of levying Souldiers and of having Money Arms Ships and Fortified places in readiness for Defence and partly in the avoiding of unnecessary Wars For such Common Wealths or such Monarchs as affect War for it self that is to say out of Ambition or of Vain Glory or that make account to revenge every little Iniury or Disgrace done by their Neighbours if they ruine not themselves their Fortune must be better then they have reason to expect CHAP. X. 1. All Expressions c. concerning future Actions are either Covenant Councel or Command 2. The Difference between a Law and a Covenant 3. The Command of him whose Command is Law in one thing is Law in every thing 4. The Difference between Law and Counsell 5. The difference between Jus and Lex 6. The Division of Laws ctc. 7. That the Divine Morall Law and the Law of Nature is the same 8. That the Civil Lawes are the Common Measure of Right and Wrong c. 9. Martiall Law is Civil Law 10. Written Laws c. unwritten c. Customes and Opinions c. THus far concerning the Nature of man and the constitution and properties of a Body Politick There remaineth only for the last Chapter to speak of the Nature and sorts of Law And first it is manifest that all Laws are Declarations of the Mind conâ—erning some Action future to be done or omitted And all Declarations and Expresâ—ions of the Mind concerning Future Actions and Omissions are either Promissive as I will do or not do or provisive As for Example If this be done or not done this will follow or Imperative as Do this or do it not In the first sort of these Expressions consisteth the Nature of a Covenant in the second consisteth Counsel in the third Command 2. It is evident when a man doth or forbeareth to do any action if he be moved thereto by this only Consideration that the same is Good or evil in it self and that there be no reason why the will or pleasure of another should be of any weight in his Deliberation that then neither to do nor omit the Action deliberated is any Breach of Law-And consequently whatsoever is a Law to a man respecteth the Will of another and the Declaration thereof But a Covenant is a Declaration of a mans own Will And therefore a Law and a Covenant differ And though they be both obligatory and a Law obligeth no otherwise then by vertue of some covenant made by