and owning all the actions the Representer doth in case they give him Authority without stint Otherwise when they limit him in what and how farre he shall represent them none of them owneth more than they gave him commission to Act. And if the Representative consist of many men the voyce of the greater number must be considered as the voyce of them all For if the lesser number pronounce for example in the Affirmative and the greater in the Negative there will be Negatives more than enough to destroy the Affirmatives and thereby the excesse of Negatives standing uncontradicted are the onely voyce the Representative hath And a Representative of even number especially when the number is not great whereby the contradictory voyces are oftentimes equall is therefore oftentimes mute and uncapable of Action Yet in some cases contradictory voyces equall in number may determine a question as in condemning or absolving equality of votes even in that they condemne not do absolve but not on the contrary condemne in that they absolve not For when a Cause is heard not to condemne is to absolve but on the contrary to say that not absolving is condemning is not true The like it is in a deliberation of executing presently or deferring till another time For when the voyces are equall the not decreeing Execution is a decree of Dilation Or if the number be odde as three or more men or assemblies whereof every one has by a Negative Voice authority to take away the effect of all the Affirmative Voices of the rest This number is no Representative because by the diversity of Opinions and Interests of men it becomes oftentimes and in cases of the greatest consequence a mute Person and unapt as for many things else so for the government of a Multitude especially in time of Warre Of Authors there be two sorts The first simply so called which I have before defined to be him that owneth the Action of another simply The second is he that owneth an Action or Covenant of another conditionally that is to say he undertaketh to do it if the other doth it not at or before a certain time And these Authors conditionall are generally called SURETYES in Latine Fidejussores and Sponsores and particularly for Debt Praedes and for Appearance before a Judge or Magistrate Vades OF COMMON-VVEALTH CHAP. XVII Of the Causes Generation and Definition of a COMMON-WEALTH THe finall Cause End or Designe of men who naturally love Liberty and Dominion over others in the introduction of that restraint upon themselves in which wee see them live in Common-wealths is the foresight of their own preservation and of a more contented life thereby that is to say of getting themselves out from that miserable condition of Warre which is necessarily consequent as hath been shewn to the naturall Passions of men when there is no visible Power to keep them in awe and tye them by feare of punishment to the performance of their Covenants and observation of those Lawes of Nature set down in the fourteenth and fifteenth Chapters For the Lawes of Nature as Justice Equity Modesty Mercy and in summe doing to others as wee would be done to of themselves without the terrour of some Power to cause them to be observed are contrary to our naturall Passions that carry us to Partiality Pride Revenge and the like And Covenants without the Sword are but Words and of no strength to secure a man at all Therefore notwithstanding the Lawes of Nature which every one hath then kept when he has the will to keep them when he can do it safely if there be no Power erected or not great enough for our security every man will and may lawfully rely on his own strength and art for caution against all other men And in all places where men have lived by small Families to robbe and spoyle one another has been a Trade and so farre from being reputed against the Law of Nature that the greater spoyles they gained the greater was their honour and men observed no other Lawes thereâ—…n but the Lawes of Honour that is to abstain from cruelty leaving to men their lives and instruments of husbandry And as small Familyes did then so now do Cities and Kingdomes which are but greater Families for their own security enlarge their Dominions upon all pretences of danger and fear of Invasion or assistance that may be given to Invaders endeavour as much as they can to subdue or weaken their neighbours by open force and secret arts for want of other Caution justly and are remembred for it in after ages with honour Nor is it the joyning together of a small number of men that gives them this security because in small numbers small additions on the one side or the other make the advantage of strength so great as is sufficient to carry the Victory and therefore gives encouragement to an Invasion The Multitude sufficient to confide in for our Security is not determined by any certain number but by comparison with the Enemy we feare and is then sufficient when the odds of the Enemy is not of so visible and conspicuous moment to determine the event of warre as to move him to attempt And be there never so great a Multitude yet if their actions be directed according to their particular judgements and particular appetites they can expect thereby no defence nor protection neither against a Common enemy nor against the injuries of one another For being distracted in opinions concerning the best use and application of their strength they do not help but hinder one another and reduce theiâ—… strength by mutuall opposition to nothing whereby they are easily not onely subdued by a very few that agree together but also when there is no common enemy they make warre upon each other for their particular interests For if we could suppose a great Multitude of men to consent in the observation of Justice and other Lawes of Nature without a common Power to keep them all in awe we might as well suppose all Man-kind to do the same and then there neither would be nor need to be any Civill Government or Common-wealth at all because there would be Peace without subjection Nor is it enough for the security which men desire should last all the time of their life that they be governed and directed by one judgement for a limited time as in one Battell or one Warre For though they obtain a Victory by their unanimous endeavour against a forraign enemy yet afterwards when either they have no common enemy or he that by one part is held for an enemy is by another part held for a friend they must needs by the difference of their interests dissolve and fall again into a Warre amongst themselves It is true that certain living creatures as Bees and Ants live sociably one with another which are therefore by Aristotle numbred amongst Politicall creatures and
contriving their Titles to save the People from the shame of receiving them To have a known Right to Soveraign Power is so popular a quality as he that has it needs no more for his own part to turn the hearts of his Subjects to him but that they see him able absolutely to govern his own Family Nor on the part of his enemies but a disbanding of their Armies For the greatest and most active part of Mankind has never hetherto been well contented with the present Concerning the Offices of one Soveraign to another which are comprehended in that Law which is commonly called the Law of Nations I need not say any thing in this place because the Law of Nations and the Law of Nature is the same thing And every Soveraign hath the same Right in procuring the safety of his People that any particular man can have in procuring the safety of his own Body And the same Law that diâ—…tateth to men that have no Civil Government what they ought to do and what to avoyd in regard of one another dictateth the same to Common-wealths that is to the Consciences of Soveraign Princes and Soveraign Assemblies there being no Court of Naturall Justice but in the Conscience onely where not Man but God raigneth whose Lawes such of them as oblige all Mankind in respect of God as he is the Author of Nature are Naturall and in respect of the same God as he is King of Kings are Lawes But of the Kingdome of God as King of Kings and as King also of a peculiar People I shall speak in the rest of this discourse CHAP. XXXI Of the KINGDOME OF GOD BY NATURE THat the condition of meer Nature that is to say of absolute Liberty such as is theirs that neither are Soveraigns nor Subjects is Anarchy and the condition of Warre That the Praecepts by which men are guided to avoyd that condition are the Lawes of Nature That a Common-wealth without Soveraign Power is but a word without substance and cannot stand That Subjects owe to Soveraigns simple Obedience in all things wherein their obedience is not repugnant to the Lawes of God I have sufficiently proved in that which I have already written There wants onely for the entire knowledge of Civill duty to know what are those Lawes of God For without that a man knows not when he is commanded any thing by the Civill Power whether it be contrary to the â—…aw of God or not and so either by too much civill obedience offends the Divine Majesty or through feare of offending God transgresses the commandements of the Common-wealth To avoyd both these Rocks it is necessary to know what are the Lawes Divine And seeing the knowledge of all Law dependeth on the knowledge of the Soveraign Power I shall say something in that which followeth of the KINGDOME OF GOD. God is King let the Earth rejoyce saith the Psalmist And again God is King though the Nations be angry and he that sitteth on the Cherubins though the earth be moved Whether men will or not they must be subject alwayes to the Divine Power By denying the Existence or Providence of God men may shake off their Ease but not their Yoke But to call this Power of God which extendeth it selfe not onely to Man but also to Beasts and Plants and Bodies inanimate by the name of Kingdome is but a metaphoricall use of the word For he onely is properly said to Raigne that governs his Subjects by his Word and by promise of Rewards to those that obey it and by threatning them with Punishment that obey it not Subjects therefore in the Kingdome of God are not Bodies Inanimate nor creatures Irrationall because they understand no Precepts as his Nor Atheists nor they that believe not that God has any care of the actions of mankind because they acknowledge no Word for his nor have hope of his rewards or fear of his threatnings They therefore that believe there is a God that goeverneth the world and hath given Praecepts and propounded Rewards and Punishments to Mankind are Gods Subjects all the rest are to be understood as Enemies To rule by Words requires that such Words be manifestly made known for else they are no Lawes For to the nature of Lawes belongeth a sufficient and clear Promulgation such as may take away the excuse of Ignorance which in the Lawes of men is but of one onely kind and that is Proclamation or Promulgation by the voyce of man But God declareth his Lawes three wayes by the Dictates of Naturall Reason by Revelation and by the Voyce of some man to whom by the operation of Miracles he procureth credit with the rest From hence there ariseth a triple Word of God Rational Sensible and Prophetique to which Correspondeth a triple Hearing Right Reason Sense Supernaturall and Faith As for Sense Supernaturall which consisteth in Revelation or Inspiration there have not been any Universall Lawes so given because God speaketh not in that manner but to particular persons and to divers men divers things From the difference between the other two kinds of Gods Word Rationall and Prophetique there may be attributed to God a twofold Kingdome Naturall and Prophetique Naturall wherein he governeth as many of Mankind as acknowledge his Providence by the naturall Dictates of Right Reason And Prophetique wherein having chosen out one peculiar Nation the Jewes for his Subjects he governed them and none but them not onely by naturall Reason but by Positive Lawes which he gave them by the mouths of his holy Prophets Of the Naturall Kingdome of God I intend to speak in this Chapter The Right of Nature whereby God reigneth over men and punisheth those that break his Lawes is to be derived not from his Creating them as if he required obedience as of Gratitude for his benefits but from his Irresistible Power I have formerly shewn how the Soveraign Right ariseth from Pact To shew how the same Right may arise from Nature requires no more but to shew in what case it is never taken away Seeing all men by Nature had Right to All things they had Right every one to reigne over all the rest But because this Right could not be obtained by force it concerned the safety of every one laying by that Right to set up men with Soveraign Authority by common consent to rule and defend them whereas if there had been any man of Power Irresistible there had been no reason why he should not by that Power have ruled and defended both himselfe and them according to his own discretion To those therefore whose Power is irresistible the dominion of all men adhaereth naturally by their excellence of Power and consequently it is from that Power that the Kingdome over men and the Right of afflicting men at his pleasure belongeth Naturally to God Almighty not as Creator and Gracious but as Omnipotent And though Punishment be due for Sinne onely because by
time and of a horse at another we conceive in our mind a Centaure So when a man compoundeth the image of his own person with the image of the actions of an other man as when a man imagins himselfe a Herâ—…s or an Alexander which happeneth often to them that are much taken with reading of Romants it is a compound imagination and properly but a Fiction of the mind There be also other Imaginations that rise in men though waking from the great impression made in sense As from gazing upon the Sun the impression leaves an image of the Sun before our eyes a long time after and from being long and vehemently attent upon Geometricall Figures a man shall in the dark though awake have the Images of Lines and Angles before his eyes which kind of Fancy hath no particular name as being a thing that doth not commonly fall into mens discourse The imaginations of them that sleep are those we call Dreams And these also as all other Imaginations have been before either totally or by parcells in the Sense And because in sense the Brain and Nerves which are the necessary Organs of sense are so benummed in sleep as not easily to be moved by the action of Externall Objects there can happen in sleep no Imagination and therefore no Dreame but what proceeds from the agitation of the inward parts of mans body which inward parts for the connexion they have with the Brayn and other Organs when they be distempered do keep the same in motion whereby the Imaginations there formerly made appeare as if a man were waking saving that the Organs of Sense being now benummed so as there is no new object which can master and obseure them with a more vigorous impression a Dreame must needs be more cleare in this silence of sense than are our waking thoughts And hence it cometh to passe that it is a hard matter and by many thought impossible to distinguish exactly between Sense and Dreaming For my part when I consider that in Dreames I do not often nor constantly think of the same Persons Places Objects and Actions that I do waking nor remember so long a trayne of coherent thoughts Dreaming as at other times And because waking I often observe the absurdity of Dreames but never dream of the absurdities of my waking Thoughts I am well satisfied that being awake I know I dreame not though when I dreame I think my selfe awake And seeing dreames are caused by the distemper of some of the inward parts of the Body divers distempers must needs cause different Dreams And hence it is that lying cold breedeth Dreams of Feare and raiseth the thought and Image of some fearfull object the motion from the brain to the inner parts and from the inner parts to the Brain being reciprocall And that as Anger causeth heat in some parts of the Body when we are awake so when we sleep the over heating of the same parts causeth Anger and raiseth up in the brain the Imagination of an Enemy In the same manner as naturall kindness when we are awake causeth desire and desire makes heat in certain other parts of the body so also too much heat in those parts while wee sleep raiseth in the brain an imagination of some kindness sâ—…ewn In summe our Dreams are the reverse of our waking Imaginations The motion when we are awake beginning at one end and when we Dream at another The most difficult discerning of a mans Dream from his waking thoughts is then when by some accident we observe not that we have slept which is easie to happen to a man full of fearfull thoughts and whose conscience is much troubled and that sleepeth without the circumstances of going to bed or putting off his clothes as one that noddeth in a chayre For he that taketh pains and industriously layes himself to sleep in case any uncouth and exorbitant fancy come unto him cannot easily think it other than a Dream We read of Marcus Brutus one that had his life given him by Iulius Caesar and was also his favorite and notwithstanding murthered him how at Philippi the night before he gave battell to Augustus Câ—…sar hee saw a fearfull apparition which is commonly related by Historians as a Vision but considering the circumstances one may easily judge to have been but a short Dream For sitting in his tent pensive and troubled with the horrour of his rash act it was not hard for him slumbering in the cold to dream of that which most affrighted him which feare as by degrees it made him wake so also it must needs make the Apparition by degrees to vanish And having no assurance that he slept he could have no cause to think it a Dream or any thing but a Vision And this is no very rare Accident for even they that be perfectly awake if they be timorous and supperstitious possessed with fearfull tales and alone in the dark are subject to the like fancies and believe they see spirits and dead mens Ghosts walking in Church-yards whereas it is either their Fancy onely or els the knavery of such persons as make use of such superstitious feare to passe disguised in the night to places they would not be known to haunt From this ignorance of how to distinguish Dreams and other strong Fancies from Vision and Sense did arise the greatest part of the Religion of the Gentiles in time past that worshipped Satyres Fawnes Nymphs and the like and now adayes the opinion that rude people have of Fayries Ghosts and Goblins and of the power of Witches For as for Witches I think not that their witchcraft is any reall power but yet that they are justly punished for the false beliefe they have that they can do such mischiefe joyned with their purpose to do it if they can their trade being neerer to a new Religion than to a Craft or Science And for Fayries and walking Ghosts the opinion of them has I think been on purpose either taught or not confuted to keep in credit the use of Exorcisme of Crosses of holy Water and other such inventions of Ghostly men Neverthelesse there is no doubt but God can make unnaturall Apparitions But that he does it so often as men need to feare such things more than they feare the stay or change of the course of Nature which he also can stay and change is no point of Christian faith But evill men under pretext that God can do any thing are so bold as to say any thing when it serves their turn though they think it untrue It is the part of a wise man to believe them no further than right reason makes that which they say appear credible If this superstitious fear of Spirits were taken away and with it Prognostiques from Dreams false Prophecies and many other things depending thereon by which crafty ambitious persons abuse the simple people men would be much more fitted than they are for civill Obedience And this ought to
and inseparable Rights it follows necessarily that in whatsoever words any of them seem to be granted away yet if the Soveraign Power it selfe be not in direct termes renounced and the name of Soveraign no more given by the Grantees to him that Grants them the Grant is voyd for when he has granted all he can if we grant back the Soveraignty all is restored as inseparably annexed thereunto This great Authority being Indivisible and inseparably annexed to the Soveraignty there is little ground for the opinion of them that say of Soveraign Kings though they be singulis majores of greater Power than every one of their Subjects yet they be Universis minores of lesse power than them all together For if by all together they mean not the collective body as one person then all together and every one signifie the same and the speech is absurd But if by all together they understand them as one Person which person the Soveraign bears then the power of all together is the same with the Soveraigns power and so again the speech is absurd which absurdity they see well enough when the Soveraignty is in an Assembly of the people but in a Monarch they see it not and yet the power of Soveraignty is the same in whomsoever it be placed And as the Power so also the Honour of the Soveraign ought to be greater than that of any or all the Subjects For in the Soveraignty is the fountain of Honour The dignities of Lord Earle Duke and Prince are his Creatures As in the presence of the Master the Servants are equall and without any honour at all So are the Subjects in the presence of the Soveraign And though they shine some more some lesse when they are out of his sight yet in his presence they shine no more than the Starres in presence of the Sun But a man may here object that the Condition of Subjects is very miserable as being obnoxious to the lusts and other irregular passions of him or them that have so unlimited a Power in their hands And commonly they that live under a Monarch think it the fault of Monarchy and they that live under the government of Democracy or other Soveraign Assembly attribute all the inconvenience to that forme of Common-wealth whereas the Power in all formes if they be perfect enough to protect them is the same not considering that the estate of Man can never be without some incommodity or other and that the greatest that in any forme of Government can possibly happen to the people in generall is scarce sensible in respect of the miseries and horrible calamities that accompany a Civill Warre or that dissolute condition of masterlesse men without subjection to Lawes and a coërcive Power to tye their lands from rapine and revenge nor considering that the greatest pressure of Soveraign Governours proceedeth not from any delight or profit they can expect in the dammage or weakening of their Subjects in whose vigor consisteth their own strength and glory but in the restiveness of themselves that unwillingly contributing to their own defence make it necessary for their Governours to draw from them what they can in time of Peace that they may have means on any emergent occasion or sudden need to resist or take advantage on their Enemies For all men are by nature provided of notable multiplying glasses that is their Passions and Selfe-love through which every little payment appeareth a great grievance but are destitute of those prospective glasses namely Morall and Civill Science to see a farre off the miseries that hang over them and cannot without such payments be avoyded CHAP. XIX Of the severall Kinds of Common-wealth by Institution and of Succession to the Soveraigne Power THe difference of Common-wealths consisteth in the difference of the Soveraign or the Person representative of all and every one of the Multitude And because the Soveraignty is either in one Man or in an Assembly of more than one and into that Assembly either Every man hath right to enter or not every one but Certain men distinguished from the rest it is manifest there can be but Three kinds of Common-wealth For the Representative must needs be One man or 〈◊〉 and if more then it is the Assembly of All or but of a Part. When the Representative is One man then is the Common-wealth a MONARCHY when an Assembly of All that will come together then it is a DEMOCRACY or Popular Common-wealth when an Assembly of a Part onely then it is called an ARISTOCRACY Other kind of Common-wealth there can be none for either One or More or All must have the Soveraign Power which I have shewn to be indivisible entire There be other names of Government in the Histories and books of Policy as Tyranny and Oligarchy But 〈◊〉 are not the names of other Formes of Government but of the same Formes misliked For they that are discontented under Monarchy call it Tyranny and they that are displeased with Aristocracy called it Oligarchy So also they which find themselves grieved under a Democracy call it Anarchy which signifies want of Government and yet I think no man believes that want of Government is any new kind of Government nor by the same reason ought they to believe that the Government is of one kind when they like it and another when they mislike it or are oppressed by the Governours It is manifest that men who are in absolute liberty may if they please give Authority to One man to represent them every one as well as give such Authority to any Assembly of men whatsoever and consequently may subject themselves if they think good to a Monarch as absolutely as to any other Representative Therefore where there is already erected a Soveraign Power there can be no other Representative of the same people but onely to certain 〈◊〉 ends by the Soveraign limited For that were to erect two Soveraigns and every man to have his person represented by two Actors that by opposing one another must needs divide that Power which if men will live in Peace is indivisible and thereby reduce the Multitude into the condition of Warre contrary to the end 〈◊〉 which all Soveraignty is instituted And therefore as it is absurd to think that a Soveraign Assembly inviting the People of their Dominion to send up their Deputies with power to make known their Advise or Desires should therefore hold such Deputies rather than themselves for the absolute Representative of the people so it is absurd also to think the same in a Monarchy And I know not how this so manifest a truth should of late be so little observed that in a Monarchy he that had the Soveraignty from a descent of 600 years was alone called Soveraign had the title of Majesty from every one of his Subjects and was unquestionably taken by them for their King was notwithstanding never considered as their Representative that name
speaking by the Spirit or Inspiration was not a particular manner of Gods speaking different from Vision when they that were said to speak by the Spirit were extraordinary Prophets such as for every new message were to have a particular Commission or which is all one a new Dream or Vision Of Prophets that were so by a perpetuall Calling in the Old Testament some were supreme and some subordinate Supreme were first Moses and after him the High Priests every one for his time as long as the Priesthood was Royall and after the people of the Jews had rejected God that he should no more reign over them those Kings which submitted themselves to Gods government were also his chief Prophets and the High Priests oâ—…fice became Ministeriall And when God was to be consulted they put on the holy vestments and enquired of the Lord as the King commanded them and were deprived of their office when the King thought fit For King Saul 1 Sam. 13. 9. commanded the burnt offering to be brought and 1 Sam. 14. 18. he commands the Priest to bring the Ark neer him and ver 19. again to let it alone because he saw an advantage upon his enemies And in the same chapter Saul asketh counsell of God In like manner King David after his being anointed though before he had possession of the Kingdome is said to enquire of the Lord 1 Sam. 23. 2. whether he should fight against the Philistines at Keilah and verse 10. David commandeth the Priest to bring him the Ephod to enquire whether he should stay in Keilah or not And King Solomon 1 Kings 2. 27. took the Priesthood from Abiathar and gave it verse 35. to Zadoc Therefore Moses and the High Priests and the pious Kings who enquired of God on all extraordinary occasions how they were to carry themselves or what event they were to have were all Soveraign Prophets But in what manner God spake unto them is not manifest To say that when Moses went up to God in Mount Sinai it was a Dream or Vision such as other Prophets had is contrary to that distinction which God made between Moses and other Prophets Numb 12. 6 7 8. To say God spake or appeared as he is in his own nature is to deny his Infinitenesse Invisibility Incomprehensibility To say he spake by Inspiration or Infusion of the Holy Spirit as the Holy Spirit signifieth the Deity is to make Moses equall with Christ in whom onely the Godhead as St. Paul speaketh Col. 2. 9. dwelleth bodily And lastly to say he spake by the Holy Spirit as it signifieth the graces or gifts of the Holy Spirit is to attribute nothing to him supernaturall For God disposeth men to Piety Justice Mercy Truth Faith and all manner of Vertue both Morall and Intellectuall by doctrine example and by severall occasions naturall and ordinary And as these ways cannot be applyed to God in his speaking to Moses at Mouut Sinai so also they cannot be applyed to him in his speaking to the High Priests from the Mercy-Seat Therefore in what manner God spake to those Soveraign Prophets of the Old Testament whose office it was to enquire of him is not intelligible In the time of the New Testament there was no Soveraign Prophet but our Saviour who was both God that spake and the Prophet to whom he spake To subordinate Prophets of perpetuall Calling I find not any place that proveth God spake to them supernaturally but onely in such manner as naturally he inclineth men to Piety to Beleef to Righteousnesse and to other vertues all other Christian men Which way though it consist in Constitution Instruction Education and the occasions and invitements men have to Christian vertues yet it is truly attributed to the operation of the Spirit of God or Holy Spirit which we in our language call the Holy Ghost For there is no good inclination that is not of the operation of God But these operations are not alwaies supernaturall When therefore a Prophet is said to speak in the Spirit or by the Spirit of God we are to understand no more but that he speaks according to Gods will declared by the supreme Prophet For the most common acceptation of the word Spirit is in the signification of a mans intention mind or disposition In the time of Moses there were seventy men besides himself that Prophecyed in the Campe of the Israelites In what manner God spake to them is declared in the 11 of Numbers verse 25. The Lord came down in a cloud and spake unto Moses and took of the Spirit that was upon him and gave it to the seventy Elders And it came to passe when the Spirit rested upon them they Prophecyed and did not cease By which it is manifest first that their Prophecying to the people was subservient and subordinate to the Prophecying of Moses for that God took of the Spirit of Moses to put upon them so that they Prophecyed as Moses would have them otherwise they had not been suffered to Prophecy at all For there was verse 27. a complaint made against them to Moses and Joshua would have Moses to have forbidden them which he did not but said to Joshua Bee not jealous in my behalf Secondly that the Spirit of God in that place signifieth nothing but the Mind and Disposition to obey and assist Moses in the administration of the Government For if it were meant they had the substantiall Spirit of God that is the Divine nature inspired into them then they had it in no lesse manner then Christ himself in whom onely the Spirit of God dwelt bodily It is meant therefore of the Gift and Grace of God that guided them to co-operate with Moses from whom their Spirit was derived And it appeareth verse 16. that they were such as Moses himself should appoint for Elders and Officers of the People For the words are Gather unto me seventy men whom thou knowest to be Elders and Officers of the people where thou knowest is the same with thou appointest or hast appointed to be such For we are told before Exod. 18. that Moses following the counsell of Jethro his Father-in-law did appoint Judges and Officers over the people such as feared God and of these were those Seventy whom God by putting upon them Moses spirit inclined to aid Moses in the Administration of the Kingdome and in this sense the Spirit of God is said 1 Sam. 16. 13 14. presently upon the anointing of David to have come upon David and left Saul God giving his graces to him he chose to govern his people and taking them away from him he rejected So that by the Spirit is meant Inclination to Gods service and not any supernaturall Revelation God spake also many times by the event of Lots which were ordered by such as he had put in Authority over his people So wee read that God manifested by the Lots which Saul caused to be drawn 1 Sam. 14. 43. the
Reason and â—…loquence though not perhaps in the Naturall Sciences yet in the Morall may stand very well together For wheresoever there is place for adorning and preferring of Errour there is much more place for adorning and preferring of Truth if they have it to adorn Nor is there any repugnancy between fearing the Laws and not fearing a publique Enemy nor between abstaining from Injury and pardoning it in others There is therefore no such Inconsistence of Humane Nature with Civill Duties as some think I have known cleernesse of Judgment and largenesse of Fancy strength of Reason and gracefull Elocution a Courage for the Warre and a Fear for the Laws and all eminently in one man and that was my most noble and honored friend Mr. Sidney Godolphin who hating no man nor hated of any was unfortunately slain in the beginning of the late Civill warre in the Publique quarrell by an undiscerned and an undiscerning hand To the Laws of Nature declared in the 15. Chapter I would have this added That every man is bound by Nature as much as in him lieth to protect in Warre the Authority by which he is himself protected in time of Peace For he that pretendeth a Right of Nature to preserve his owne body cannot pretend a Right of Nature to destroy him by whose strength he is preserved It is a manifest contradiction of himselfe And though this Law may bee drawn by consequence from some of those that are there already mentioned yet the Times require to have it inculcated and remembred And because I find by divers English Books lately printed that the Civill warres have not yet sufficiently taught men in what point of time it is that a Subject becomes obliged to the Conquerour nor what is Conquest nor how it comes about that it obliges men to obey his Laws Therefore for farther satisfaction of men therein I say the point of time wherein a man becomes subject to a Conquerour is that point wherein having liberty to submit to him he consenteth either by expresse words or by other sufficient sign to be his Subject When it is that a man hath the liberty to submit I have shewed before in the end of the 21. Chapter namely that for him that hath no obligation to his former Soveraign but that of an ordinary Subject it is then when the means of his life is within the Guards and Garrisons of the Enemy for it is then that he hath no longer Protection from him but is protected by the adverse party for his Contribution Seeing therefore such contribution is every where as a thing inevitable notwithstanding it be an assistance to the Enemy esteemed lawfull a totall Submission which is but an assistance to the Enemy cannot be esteemed unlawful Besides if a man consider that they who submit assist the Enemy but with part of their estates whereas they that refuse assist him with the whole there is no reason to call their Submission or Composition an Assistance but rather a Detriment to the Enemy But if a man besides the obligation of a Subject hath taken upon him a new obligation of a Souldier then he hath not the liberty to submit to a new Power as long as the old one keeps the field and giveth him means of subsistence either in his Armies or Garrisons for in this case he cannot complain of want of Protection and means to live as a Souldier But when that also failes a Souldier also may seek his Protection wheresoever he has most hope to have it and may lawfully submit himself to his new Master And so much for the Time when he may do it lawfully if hee will If therefore he doe it he is undoubtedly bound to be a true Subject For a Contract lawfully made cannot lawfully be broken By this also a man may understand when it is that men may be said to be Conquered and in what the nature of Conquest and the Right of a Conquerour consisteth For this Submission is it implyeth them all Conquest is not the Victory it self but the Acquisition by Victory of a Right over the persons of men He therefore that is slain is Overcome but not Conquered He that is taken and put into prison or chaines is not Conquered though Overcome for he is still an Enemy and may save himself if hee can But he that upon promise of Obedience hath his Life and Liberty allowed him is then Conquered and a Subject and not before The Romanes used to say that their Generall had Pacified such a Province that is to say in English Conquerea it and that the Countrey was Pacified by Victory when the people of it had promised Imperata facere that is To doe what the Romane People commanded them this was to be Conquered But this promise may be either expresse or tacite Expresse by Promise Tacite by other signes As for example a man that hath not been called to make such an expresse Promise because he is one whose power perhaps is not considerable yet if he live under their Protection openly hee is understood to submit himselfe to the Government But if he live there secretly he is lyable to any thing that may bee done to a Spie and Enemy of the State I say not hee does any Injustice for acts of open Hostility bear not that name but that he may be justly put to death Likewise if a man when his Country is conquered be out of it he is not Conquered nor Subject but if at his return he submit to the Government he is bound to obey it So that Conquest to define it is the Acquiring of the Right of Soveraignty by Victory Which Right is acquired in the peoples Submission by which they contract with the Victor promising Obedience for Life and Liberty In the 29. Chapter I have set down for one of the causes of the Dissolutions of Common-wealths their Imperfect Generation consisting in the want of an Absolute and Arbitrary Legislative Power for want whereof the Civill Soveraign is fain to handle the Sword of Justice unconstantly and as if it were too hot for him to hold One reason whereof which I have not there mentioned is this That they will all of them justifie the War by which their Power was at first gotten and whereon as they think their Right dependeth and not on the Possession As if for example the Right of the Kings of England did depend on the goodnesse of the cause of William the Conquerour and upon their lineall and directest Descent from him by which means there would perhaps be no tie of the Subjects obedience to their Soveraign at this day in all the world wherein whilest they needlessely think to justifie themselves they justifie all the successefull Rebellions that Ambition shall at any time raise against them and their Successors Therefore I put down for one of the most effectuall seeds of the Death of any State that the Conquerors require not onely a Submission of mens actions to them