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
and consequently there was absolute power in the Common Wealth from whom it was derived For no person natural or civill can transfer unto another more power then himself hath 19. In every Common VVealth where particular men are deprived of their Right to protect themselves there resideth an Absolute Soveraignty as I have already shewed But in what man or in what Assembly of men the same is placed is not so manifest as not to need some Marks whereby it may be discerned And first it is an infallible mark of absolute Soveraignty in a man or in an Assembly of men if there be no Right in any other person Naturall or Civil to punish that man or to dissolve that Assembly For he that cannot of right be punished cannot of Right be resisted and he that cannot of right be resisted hath coercive power oveâ— all the rest and thereby can frame and govern their Actions at his pleasure which is absolute soveraignty Contrariwise he that in a Common-Wealth is punishable by any or that Assembly that is dissolvable is not soveraign For a greater power is alwaies required to punish and dissolve then theirs who are punished or dissolved and that Power cannot be called Soveraign then which there is a greater Secondly that man or Assembly that by their own right not derived from the present right of any other may make Laws or abrogate them at his or their pleasure have the Soveraignty absolute For seeing the Laws they make are supposed to be made by right the Members of the Common Wealth to whom they are made are obliged to obey them and consequently not resist the Execution of them which not resistance maketh the power absolute of him that ordaineth them It is likewise a mark of this soveraignty to have the Right Originall of appointing Magistrates Judges Councellors and Ministers of State For without that Power no Act of Soveraignty or Government can be performed Lastly and generally whosoever by his own authority independent can do any act which another of the same Common Wealth may not must needs be understood to have the soveraign power For by Nature men have equal Right This Inequality therefore must proceed from the Power of the Common-Wealth He therefore that doth any Act lawfully by his owne Authoritâ— which another may not doth it by the Power of the Common-wealth in himself which is Absolute Soveraignty CHAP. II. 1. Democracy precedeth all other c. 2. The Soveraign people covenanteth not with the Subiects 3. The Soveraign c. cannot c. do iniury c. 4. The faults of the Soveraigne People c. 5 Democracy c. an Aristocracy of Orators 6. Aristocracy how made 7. The Body of the Optimates not properly said to iniure the Subiects 8. The Election of the Optimates c. 9. An Elective King c. 10. A Conditional King c. 11. The word People Equivocal 12. Obedience discharged by Release 13. How such Releases are to be understood 14. Obedience discharged by Exile 15. By Conquest 16. By ignorance of the Right of Succession HAving spoken in generall concerning instituted Policy in the former Chapter I come in this to speak of the sorts thereof in special how every of them is instituted The first in order of time of these three sorts is Democracy and it must be so of necessity because an Aristocracy and a Monarchy require nomination of persons agreed upon which agreement in a great multitude of men must consist in the consent of the major part and where the Votes of the maior part involve the votes of the rest there is actually a democracie 2. In the making of a Democracie there passeth no Covenant between the Soveraign and any Subiect For while the Democracy is a making there is no Soveraign with whom to contract For it cannot be imagined that the Multitude should contract with it seif or with any one man or number of men parcell of it self to make it self Soveraign nor that a mulritude considered as One Aggregate can give it self any thing which before it had not Seeing then that Soveraignty Democraticall is nat conferred by the Covenant of any multitude which supposeth Union and Soveraignty already made it resteth that the same be conferred by the particular Covenants of evry several man that is to say every man with every man for and in consideration of the Benefit of his own Peace and Defence covenanteth to stand to and obey whatsoever the maior part of their whole number or the Maior part of such a number of them as shall be pleased to assemble at a certain time and place shall determine and command And this is that which giveth being to a Democracy wherein the soveraign Assembly was called of the Greeks by the name of Demus that is the People from whence cometh Democracy So that where to the supreame and Independent Court every man may come that will and give his vote there the Soveraign is called the People 3. Out of this that hath been sayd may readily be drawn that whatsoever the People doth to any one particular Member or Subject of the Common Wealth the same by him ought not to be stiled Iniury For first Iniury by the Definition Part 1. Chap. 3. Sect. 2. is Breach of Covenant but Covenants as hath been said in the precedent Section there passed none from the People to any private man and consequently to wit the People can do him no Iniury Secondly how uniust soever the action be that this Soveraigne Dâ—mus shall do is done by the will of every particular man subiect to him who are therefore guilty of the same If therefore they stile it Iniury they but accuse themselves And it is against Reason for the same man both to do and complain implying this Contradiction that wheras he first ratified the Peoples Acts in general he now disalloweth the same of them in particular It is therefore said truly Volenti non fit Injuria Nevertheless nothing doth hinder but that divers Actions done by the people may be uniust before God Almighty as Breaches of the Law of Nature 4. And when it hapneth that the People by plurality of voices that decree or command any thing contrary to the Law of God or Nature though the Decree and Command be the act of every man not only present in the assembly but also absent from it yet is not the Iniustice of the Decree the Iniustice of every particular man but only of those men by whose express-sufferagâ—s the Decree or Command was passed For a Body politick as it is a Fictious Body so are the Faculties and will thereof Fictious also But to make a particular man uniust which consisteth of a Body and Soul natural there is required a Naturall and very Will 5. In all Democracies though the Right of Soveraignty be in the Assembly which is virtually the whole Body yet the use therof is alwaies in one or a few particular men For in such great
the Latine tongue is Liberi which also signifieth Free men And yet in Rome nothing at that time was so obnoxious to the power of others as children in the Family of their Fathers For both the State had power over their life without consent of their Fathers and the Father might kil his son by his own authority without any warrant from the State Freedome therefore in Common-Wealths is nothing but the Honour of Equality of Favour with other Subiects and Servitude the Estate of the rest A Free-man therefore may expect employments of Honour rather then a Servant And this is al that can be understood by the Liberty of the Subiect For in all other senses Liberty is the State of him that is not subiect 10. Now when a father that hath children hath servants also the children not by the right of the child but by the natural indulgence of the Parents are such fremen And the whole consisting of the Father or Mother or both of the children of the servants is called a Family wherin the Father or Mother of the Family is soveraign of the same and the rest both children and servants equally subiects The same Family if it grow by multiplication of children either by Generation or Adoption or of servants either by Generation Gonquest or voluntary submission to be so Great and Numerous as in probability it may protect it self then is that Family called a Patrimoniall Kingdome or Monarchy by acquisition wherein the Soveraignty is in one man as it is in a Monarch made by Politicall institution So that whatsoevâ—r Rights be in the One the same also be in the other And therefore I shall no more speake of them as distinct but of Monarchy in general 11. Having shewed by what right the several sorts of Common-wealths Democracy Aristocracy and Monarchy are erected it followeth to shew by what right they are continued The Right by which they are continued is called the Right of Succession to the Soveraign Power whereof there is nothing to be said a Democracy because the Soveraign dyeth not as long as there be Subjects alive Nor in any Aristocracy because it cannot easily fall out that the Optimates should every one fail at once And if it should so fall out there is no question but the Common Wealth is thereby dissolved It is therefore in a Monarchy only that there can happen a Question concerning the Succession And first forasmuch as a Monarch which is absolue Soveraign hath the Dominion in his own Right he may dispose thereof at his own Will If therefore by his last Will he shall name his Successor the Right passeth by that Will 12. Nor if the Monarch dye without any Will concerning the Succession declared it is not therefore to be presumed it was his Will his Subiects which are to him as his children and Servants should return again to the State of Anarchy that is to War and Hostility For that were expresly against the Law of Nature which commandeth to procure Peace and to maintain the same It is therefore to be conjectured with reason that it was the intention to bequeath them Peace that is to say a Power Coercive whereby to keep them from sedition amongst themselves and rather in the Form of a Monarchy then any other Government forasmuch as he by the exercise thereof in his own person hath declared that he approveth the same 13. Farther it is to be supposed his Intention was that his own Children should be preferred in the Succession when nothing to the contrary is expresly declared before any other For men naturally seek their own Honour and that consisteth in the honour of their Children after them 14. Again seeing every Monarch is supposed to desire to continue the Governmenâ— in his Successors as long as he may and that generally men are indued with greateâ— parts of Wisdom and Courage by which alâ— Monarchies are kept from disâ—olution then Women are it is to be presumed where no express Will is extant to the contrary he preferreth his Male children before the Female Not but that Women may governe and have in divers ages and places governed wisely but are not so apt thereto in generals as men 15. Because the Soveraign Power is indivisible it cannot be supposed that he intended the same should be divided but that it should descend intirely upon one of them which is do be presumed should be the Eldest assigned thereto by the Lot of Nature because he appointed no other Lot for the Decision thereof Besides what difference of ability soever there may be amongst the Brethren the Odds shall be adiudged to the Elder because no Subiect hath authority otherwise to judge thereof 16. And for want of issue in the possessor the Brother shall be presumed Successor For by the Judgement of Nature next in Blood is next in Love and next in Love is next to preferment 17. And as the Succession followeth the first Monarch so also it followeth Him or Her that is in possession and consequently the Children of Him in possession shall be prefeâ—red before the Children of his Father or Predecessor CHAP. V. 1. The Utility of the Common-Wealth c. 2. The losse of liberty c. 3. Monarchy approved c. 4. Monarchy less subiect to Passion c. 5.6 Subiects in Monarchy c. 7. Laws in Monarchy less changeable c. 8. Monarchies less subiect to dissolution HAving set forth the Nature of a Person Politick and the three sotts thereof Democracy Aristocracy and Monarchy In this Chapter shall be declared the Convencies and Inconveniencies that arise from the same both in general and of the said several sorts in particular And first seeing a Body Politick is erected only for the ruling and governing of particular men the benefit and damage thereof consieth in the benefit or damage of being ruled The benefit is that for which a Body Politick was instituted namely the Peace and Preservation of every particular man then which it is not possible there can be a greater as hath been touched before Part 1. chap. 1. Sect. 12. And this Benefit extendeth equally both to the Soveraign and to the Subjects For he or they that have the Soveraign Power have but the Defence of their Persons by the Assistance of the Particulars and every particular man hath his Defence by their Union in the Soveraign As for other Benefits which pertain not to their safetie and sufficiency buâ— to their well and delightfull being such as are superfluous riches they so belong to the Soveraign as they must also be in the Subject and so to the Subiect as they must also be in the Soveraign For the Riches and Treasure of the Soveraign is the Dominion he hath over the riches of his Subiects If therefore the Soveraign provide not so as that particular men may have means both to preserve themselvs and also to preserve the Publick the common or soveraign treasure can be none And on the
and the same Law of Moses the Interpreters whereof were the Priests whose Power was subordinate to the Power of the King as was the Power of Aaron to the Power of Moses Nor is it a controversie that was ever taken notice of amongst the Grecians Romanes or other Gentiâ—es for amongst these their severall Civill Lawes were the Rules whereby not only Righteousness and Virtue but also Religion and the External Worship of God was ordered and approved that being esteemed the true worship of God which was {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} according to the Laws Civil Also those Christians that dwell under the Temporal Dominion of the Bishop of Rome are free from this Question for that they allow unto him their Soveraign to interpret the Scriptures which are the Law of God as he in his own Judgement shall think Right This difficulty therefore remaineth amongst and troubleth those Christians only to whom it is allowed to take for the sense of the Scripture that which they make thereof either by their own private Interpretation or by the Inteâ—pretation of such as are not called thereunto by publick Authority they that follow their own Interpretation continually demanding Liberty of Conscience and those that follow the Interpretation of Others not ordained thereunto by the Soveraign of the Common-Wealth requiring a Power in matters of Religion either above the Power Civil or at least not depending on it 3. To take away this scruple of Conscience concerning Obedience to Humane Lawes amongst those that interpret to themselves the Word of God in the Holy Scriptures I propound to their Consideration first That no humane Law is intended to oblige the Conscience of a man unlesse it break out into Action either of the Tongue or other part of the Body The Law made thereupon would be of none effect because no man is able to discern but by Word or other action whether such Law be kept or broken Nor did the Apostles themselves pretend Dominion over mens Consciences concerning the faith they preached but only perswasion and instruction And therefore S. Paul saith 2 Cor. 1.24 writing to the Corinthians concerning their controversies that he and the rest of the Apostles had no Dominion over their Faith but were helpers of their Joy 4. And for the Actions of men which proceed from their consciences the regulating of which actions is the only Means of Peace if they might not stand with Justice it were impossible that Justice towards God and Peace amongst men should stand together in that Râ—ligion that teacheth us that Justice and Peace should kiss each other and in which we have so many precepts of absolute Obedience to humane Authority as Mat. 23.2 3. we have this Precept The Scribes Pharisees sit in Moses Seat all therefore whatsoever they bid you observe that observe and do And yet were the Scribes and Pharisees not preists but men of temporall Authority Again Luke 11.17 Every Kingdome divided against it self shall be desolate and is not that Kingdome divided against it self where the actions of every one shall be ruled by his private opinion or conscience and yet those actions such as give occasion of offence and Breach of Peace Again Rom. 13.5 Wherefore you must be subject not because of wrath only but also for conscience sake Tit. 3.1 Put them in remembrance that they be subiect to Principalities and Powers 1. Pet. 2.13.14 submit your selves unto all manner of ordinance of Man for the Lords sake whether it be unto the King as unto the Superiour or unto Governours as unto them that are sent of him for the punishment of evill doers Jude verse 8. These Dreamers also that defile the flesh and despise Government and speake evill of them that are in Authority And forasmuch as all Subiects in Common Wealths are in the nature of Children and servants that which is a command to them is a command to all Subiects But to these S. Paul saith Colos. 3.20.22 Children obey your Parents in all things Servants be obedient to your Masters according to the flesh in all things And verse 23. Do it heartily as to the Loâ—d These places considered it seemeth strange to me that any man in a Christian common wealth should have any occasion to deny his Obedience to publick Authority upon this ground that It is better to obey God then Man For though S. Peter and the Apostles did so answer the Councel of the Jews that forbade them to preach Christ there appeareth no reason that Christians should alledge the same against their Christian Governours that command to preach Christ To reconcile this seeming coâ—tradiction of simple Obedience to God and simple Obedience to man we are to consider a christian subiect as under a christian soveraign or under an Infidell 5. And under a Christian Soveraign we are to consider what Actions we are forbidden by God Almighty to obey them in and what not The Actions we are forbidden to obey them in are such only as imply a denial of that Faith which is necessary to our Salvation for otherwise there can be no pretence of disobedience for why should a man incur the danger of a temporal death by displeasing of his superiour if it were not for fear of eternal Death hereafter It must therefore be inquired what those propositions and Articles be the Beleife whereof our Saviour or his Apostles have declared to be such as without beleiving them a man cannot be saved and then all other points that are now controverted and made distinction of Sects Papists Lutheran Calvinists Arminians c. as in old Time the like made Paulists Apollonians and Cephasians must needs be such as man needeth not for the holding thereof deny Obedience to his Superiours And for the points of Faith necessary to Salvation I shall call them Fundamental and every other point a Superstruction 6. And without all controversie there is not any more necessary Point to be believed for mans salvation then this That Jesus is the Messiah that is the Christ which Proposition is explicated in sundry sorts but still the same in effect as that he is Gods annointed for that is signified by the word Christ that He was the true and lawful King of Israel The Son of David the Saviour of the World The Redeemer of Israel The Salvation of God He that should come into the World the Son of God and which I desire by the way to have noted against the now Sect of Arrians The begotten Son of God Act. 3.13 Heb. 55. The only begotten Son of God 1 Joh. 1.14.18 Joh. 3.16 18. 1 Joh. 4.9 That he was God Joh. 1 1 Joh. 20.28 That the Fulness of the Godâ—ead dwelt in him bodily Moreover The Holy one the Holy one of God The Forgiver â—f sins That he is risen from the Dead These are Explications and Parts of that General Article that Jesus is the Christ This Point therefore and all the Explications thereof are Fundamental as
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
be again destroyed Not meaning to say any thing concerning the Dissolution of a Common Wealth from forreign Invasions which is as it were the violent Death thereof I shall speak only of Sedition which is also the Death of the Common-Wealth but like to that which happeneth to a man from sicknesse and Distemper To dispose men to Sedition three things concur The first is discontent for as long as a man thinketh himself wel and that the present Government standeth not in his way to hinder his proceeding from well to better it is impossible for him to desire the change thereof The second is pretence of Right for though a man be Discontent yet if in his own Opinion there be no iust Cause of stirring against or resisting the Government established nor any Pretence to justify his Resistance and to procure Aid he will never shew it The third is hope of success For it were madness to attempt without hope when to fail is to dye the Death of a Traytor Without these three Discontent Pretence and Hope there can be no Rebellion and when the same are all together there wanteth Nothing thereto but a Man of Credit to set up the Standard and to blow the Trumpet 2. And as for Discontent it is of two sorts For it consisteth either in Bodily Pain present or expected or else in Trouble of the Mind which is the general Division of Pleasure and Pain Part 1. Cha. 7 Sect. 9. The Presence of Bodily Pain disposeth not to Sedition The feare of it doth As for Example When a great Multitude or Heap of people have concurred to a Crime worthy of Death they joyn together and take Armes to defend themselves for feare thereof So also the Feare of Want or in present Want the Feare of Arrests and Imprisonment dispose to Sedition And therefore great Exactions though the Right thereof be acknowledged have caused great Seditions As in the time of Hen 7. the Seditions of the Cornish men that refused to pay a Subsidy and under the Conduct of the Lord Audley gave the King Battel upon Black Heath and that of the Northern People who in the some Kings Time for demanding a Subsidy granted in Parliament murthered the Eaâ—l of Northumberland in his house 3. Thirdly the other sort of Discontent which troubleth the Mind of them who otherwise live at ease without fear of Want or danger of Violence ariseth only from a sense of their Want of that Power and that Honour and Testimony thereof which they think is due unto them For all Joy and Grief of mind consisting as hath been said Part 1. Chap. 9. Sect. 21. in a contention for Precedence to them with whom they compare themselves such men must needs take it ill and be greived with the State as finde themselves postposed to those in Honour whom they think they excell in Virtue and Ability to govern And this is it for which they think themselves regarded but as Slaves Now seeing Freedom cannot stand together with Subiection Liberty in a Common Wealth is nothing but Government and Rule which because it cannot be divided men must expect in Common and that can be no where but in the Popular State or Democracy And Aristotle saith well lib. 6. c. 2. of his Politicks The Ground or Intention of a Democracy is Liberty VVhich he confirmeth in these words For men ordinarily say this That no man can partake of Liberty but only in a Popular Common Wealth Whosoeverâ— therefore in a Monarchicall Estate where the Soveraign Power is absolutely in one Man claimeth Liberty claimeth if the hardest construction should be made thereof either to have the Soveraignty in his turn or to be Collegue with him that hath it or to have the Monarchy changed into a Democracy But if the same be construed with pardon of that unskilful expression according to the Intention of him that claimeth then doth he thereby claim no more but this That the Soveraign should take notice of his Ability and Deserving and put him into imployment and place of subordinate Government rather then others that deserve lesse And as one claimeth so doth another every man esteeming his own Desert greatest Amongst all those that pretend to or are ambitious of such Honour a few only can be served unlesse it be in a Democracy the rest therefore must be Discontent And so much of the first Thing that disposeth to Rebellion namely Discontent consisting in Fear and Ambition 4. The second thing that disposeth to Rebellion is Pretence of Right And that is when men have an Opinion or pretend to have an Opinion That in certain cases they may lawfully resist Him or Them that have the Soveraign Power or deprive him or them of the Means to execute the same Of which Pretences there be six special Cases One is when the Command is against their Conscience and they believe it is unlawful for a Subiect at the Command of the Soveraign Power to doe any Action which he thinketh in his own Conscience not lawfull for him to do or to omit any Action which he thinketh not lawful for him to omit Another is when the Command is against the Lawes and they think the Soveraign Power in such sort obliged to his own Lawes as the Subiect is and that when he performeth not his Duty they may resist his Power A Third is when they receive Commands from some man or men and a Supersedeas to the same from others and think the Authority is equal as if the Soveraign power were divided A fourth is when they are commanded to contribute their Persons or Money to the Publick service and think they have a Propriety in the same distinct from the Dominion of the Soveraign Power and that therefore they are not bound to contribute their Goods and Persons no more then every man shall of himself think fit A Fifth when the Commands seem hurtfull to the People and they think every one of them that the Opinion and Sense of the People is the same with the Opinion of himselfe and those that consent with him calling by the Name of People any Multitude of his own Faction The sixth is when the Commands are grievous and they account him that commandeth grievous things a Tyrant and a Tyrannicide that is the killing of a Tyrant not onely Lawful but also Laudable 5. All these Opinions are maintained in the Books of the Dogmaticks and divers of them taught in publick Chaires and neverthelesse are most incompatible with Peace and Government and contradictory to the necessary and demonstrable rules of the same And for the first namely That a man may lawfully doe or omit any thing against his Conscience and from whence arise all Seditions concerning Religion and Ecclesiasticall Government it hath been plainly declared in the two last Chapters that such Opinion is erroneous For those two Chapters have been wholly spent to prove That Christian Religion not onely forbiddeth not but also commandeth that in every
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