â—…im also belongeth the Right of all Judicature and decision of Controversise 9. And of making War and Peace as he shall think best 10. And of choosing all Counsellours and Ministers both of Peace and Warre 11. And of Rewarding and Punishing and that where no former Law hath determined the measure of it arbitrary 12. And of Honour and Order These Rights are indivisible And can by no Grant passe away without direct renouncing of the Soveraign Power The Power and Honour of Subjects vanisheth in the presence of the Power Soveraign Soveraigne Power not so hurtfull as the want of it and the hurt proceeds for the greatest part from not submitting readily to a lesse The different Formes of Common-wealths but three Tyranny and Oligarchy but different names of Monarchy and Aristocracy Subordinate Representatives dangerous Comparison of Monarchy with Soveraign Assemblyes Of the Right of Succession The present Monarch hath Right to dispose of the Succâ—…ssim Succession passeth by expresse Words Or by not controlling a Custome Or by presumption of naturall affecâ—… To dispose of the Succession though to a King of another Nation not unlawfull A Common-wealth by Acquisition Wherein 〈◊〉 from a Common-wealth by Insâ—…on The Rights of Soveraignty the same in both Dominion Paternall how attained Not by Gâ—…neration but by Contract Or Education Or Precedent subjection of one of the Parents to the other The Right of Succession followeth the Rules of the Right of Possession Despoticall Dominion how attained Not by the Victory but by the Consent of the Vanquished Difference between a Family and a Kingdom The Rights of Monarchy from Scripture * Exod. 20. 19. * Exod. 20. 19. * 1 Sam. 8. 11 12 c. * Verse 10. * 1 Kings 3. 9. * 1 Sam. 24. 9. * Coll. 3. 20. * Verse 22. * Math. 23. 2 3. * Tit. 3. 2. * Mat. 21. 2 3. * Gen. 3 5. Soveraign Power ought in all Common-wealths to be absolute Liberty what What it is to be Free Feare and Liberty consistent Liberty and Necessity Consistent Artificiall Bonds or Covenants Liberty of Subjects consisteth in Liberty from covenants Liberty of the Subject consistent with the unlimited power of the Soveraign The Liberty which writers praise is the Liberty of Soveraigns not of Private men Liberty of Subjects how to be measured Subjects have Liberty to defend their own bodies even against them that lawsully invade them Are not bound to hurt themselves Nor to warfare unlesse they voluntarily undertake it The Greatest Liberty of Subjects dependeth on the Silence of the Law In what Cases Subjects are absolved of their obedience to their Soveraign In case of Captivity In case the Soveraign cast off the government from himself and his Heyrs In case of Banishment In case the Soveraign render himself Subject to another The divers sorts of Systemes of People In all Bodies Politique the power of the Representative is Limited By Letters Patents And the Lawes When the Representative is one man his unwarranted Acts are his own onely When it is an Assembly it is the act of them that assented onely When the Representative is one man if he borrow mony or owe it by Contract he is lyable onely the members not When it is an Assembly they onely are liable that have assented If the debt be to one of the Assembly the Body onely is obliged Protestation against the Decrees of Bodies Politique sometimes lawful but against Soveraign Power never Bodies Politique for Government of a Province Colony or Town Bodies Politique for ordering of Trade A Bodie Politique for Counsel to be given to the Soveraign A Regular Private Body Lawfull as a Family Private Bodies Regular but Unlawfull Systemes Irregular such as are Private Leagues Secret Cabals Feuds of private Families Factions for Government * Acts 19. 40. Publique Minister Who. Ministers for the generall Administration For speciall Administration as for Oecoâ—…my For instruction of the People For Judicature For 〈◊〉 Counsellers without other employment then to Advise are not Publique Ministers The Nourishment of a Common-wealth consisteth in the Commodities of Sea and Land And the right Distribution of them All private Estates of land proceed originally from the Arbitrary Distribution of the Soveraign Propriety of a Subject excludes not the Dominion of the Soveraign but onely of another Subject The Publique is not to be dieted The Places and matter of Traffique depend as their Distribution on the Soveraign The Laws of transferring propriety belong also 〈◊〉 the Soveraign Mony the Bloud of a Common-wealth The Conduits and Way of mony to the Publique use The Children of a Common-wealth Colonies Counsell whaâ—… Differences between Command and Counsell Exhortation and Dehortation what Differennceâ—… of fit and unfit Counsellours Civill Law what The Soveraign is Legistator And not Subject to Civill Law Use a Law not by vertue of Time but of the Soveraigns consent The Law of Nature and the Civill Law contain each other Provinciall Lawes are not made by Custome but by the Soveraign Power Some foolish opinions of Lawyers concerning the making of Lawes Sir Edw. Coke upon Lâ—…tleton Lib. 2. Ch. 6. 〈◊〉 97. b. Law made â—…f not also made known is no Law Unwritten Lawes are all of them Lawes of Nature * Prov. 7. 3. Deut. 11. 19. * Deut. 31. 12. Nothing is Law where the Legislator cannot be known Difference between Verifying and Authorising The Law Verifyed by the subordinate Judge By the Publique Registers By Letters Patent and Publique Seale The Interpretation of the Law dependeth on the Soveraign Power All Lawâ—… need Interpretation The Aâ—…thenticall Interpretation of Law is not that of writers The Interpreter of the Law is the Judge giving sentence vivâ voce in every particular case The Sentence of a Judge does not bind him or another Judge to give like Sentence in like Cases ever after The difference between the Letter and Sentence of the Law The abilities required in a Judge Divisions of Law Another Division of Law Divine Positive Law how made known to be Law Gen. 17. 10. Another division of Lawes A Fundamentall Law what Difference between Law and Right And between a Law and a Charter Sinne what A Crime what Where no Civill Law is there is 〈◊〉 Crime Ignorance of the Law of Nature excuseth no man Ignorance of the Civill Law excuseth sometimes Ignorance of the Soveraign excuseth not Ignorance of the Penalty excuseth not Punishments declared before the Fact excuse from greater punishments after it Nothing can be made a Crime by a Law made after the Fact False Principles of Right and Wrong causes of Crime False Teachers mis-interpreting the Law of Nature And false Inferences from true 〈◊〉 〈◊〉 Teachers By their Passions Presumption of Riches And FrieÌ„ds Wisedome Hatred Lust Ambition Covetousnesse causes of Crime Fear sometimes cause of Crime as when the danger is neither present nor corporeall Crimes not equall Totall Excuses Excuses against the Author Preseumption of Power aggravateth Evill Teachers Extenuate
Examples of Impunity Extenuate Praemeditation Aggravateth Tacite approbation of the Soveraign Extenuates Comparison of Crimes from their Effects Laesa Majestas Bribery and False testimony Depeculation Counterfeiting Authority Crimes against private men compared Publique Crimes what The definition of Punishment Right to Punish whence derived Private injuries and revenges no Punishments Nor denyall of preferment Nor pain inflicted without publique hearing Nor pain inflicted by Usurped power Nor pain inflicted without respect to to the future good Naturall evill consequences no Punishments Hurt inflicted if lesse than the benefit of transgressing is not Punishment Where the Punishment is annexed to the Law a greater hurt is not Punishment but 〈◊〉 Hurt inflicted for a fact done before the Law no Punishment The Representative of the Common-wealth Unpunishable Hurt to Revolted Subjects is done by right of War not by way of Punishment Punishments Corporall Capitall Ignominy Imprisonment Exile The Punishment of Innocent Subjects is contrary to the Law of Nature But the Harme done to Innocents in War not so Nor that which is done to declared Rebels Reward is either Salary or Grace Benefits bestowed for fear are not Rewards Salaries Certain and Casuall Dissolution of Common-wealths proceedeth from their Imperfect Institution Want of Absolute power Private Judgement of Good and Evill Erroneous conscience Pretence of Inspiration Subjecting the Soveraign Power to Civill Lawes Attributing of absolute Propriâ—…ty to 〈◊〉 Dividing of the Soveraign Power Imitatioâ—… of Neighbour Natiouâ—… Imitation of the Greâ—…ks and Romans Mixt Government Want of Mony Monopolies and abuses of Publicans Popular men Excessive greatnesse of a â—…own multitude of Corporations Liberty of disputing against Soveraign Power Dissolution of the Common-wealth The Procuration of the Good of the People By Instrâ—…ction Lawes Against the duty of a Soveraign to relinquish any Essentiall Right of Soveraignty Or not to seâ—… the people taught the grounds of them Objection of those that say there are no Principles of Reason for absolute Soveraigâ—…ty Objection from the Incapacity of the vulgar Subjects are to be taught not to affect change of Government Nor adhere against the Soveraign to Popular men Nor to Dispute the Soveraign Power And to have dayes set apart to learn their Duty And to Honour their Parents And to avoyd doing of Injury And to do all this sincerely from the heart The use of Uâ—…iversities Equall â—…xes Publique Charity 〈◊〉 of Idlenesse Goâ—… Laweâ—… whâ—…t Such as are Necessary Such as are Perspicuous Punishments Rewards Counsellours Commanders The scope of the following Chapters Psal. 96 1. Psal. 98. 1. Who are subjects in the kingdome of God A Threefold Word of God Reason Revelation Prophâ—…y A twofold Kingdome of God Naturall and Prophetique The Right of Gods Soveraignty is derived from his Omnipotence Sinne not the cause of all Affliction Psal. 72. ver 1 2 3. Job 38. v. 4. Divine Lawes Honour and Worship what Severall signes of Honour Worship Naturall and Arbitrary Worship Commanded and Free Worship Publique and Private The End of Worship Attributes of Divine Honour Actions that are signes of Divine Honour Publique Worship consisteth in Uniformity All Attributes depend on the Lawes Civill Not all Actions Naturall Punishments The Conclusion of the Second Part. The Word of God delivered by Prophets is the mainprinciple of Christian Politiques Yet is not naturall Reason to be renounced What it is to captivate the Understanding How God speaketh to men By what marks Prophets are known 1 Kings 22. 1 Kings 13. Deut. 13. v. 1 2 3 4 5. Mat. 24. 24. Gal. 1. 8. The marks of a Prophet in the old law Miracles and Doctrin conformable to the law Miracles ceasing Prophets cease and the Scripture supplies their place Of the Books of Holy Scripture Their Antiquity The Pentaâ—… not written by Moses Deut. 31. 9. Deut. 31. 26. 2 King 22. 8. 23. 1 2 3. The Book of Joshua written after his time Josh. 4. 9. Josh. 5. 9. Josh. 7. 26. The Booke of Judges and Ruth written long after the Captivity The like of the Bookes of Samuel 2 Sam. 6. 4. The Books of the Kings and the Chronicles Ezra and Nehemiah Esther Job The Psalter The Proverbs Ecclesiastes and the Canticles The Prophets The New Testament Their Scope The question of the Authority of the Scriptures stated Their Authority and Interpretation Body and Spirit how taken in the Scripture The Spirit of God taken in the Scripture sometimes for a Wind or Breath Secondly for extraordinary gifts of the Vnderstanding Thirdly for extraordinary Affections Fourthly for the gift of Prediction by Dreams and Visions Fifâ—…ly for Life Sixtly for a subordination to authority Seventhly for Aeriall Bodies Angel what Inspiration what The Kingdom of God taken by Divines Metaphorically but in the Scriptures properly The originall of the Kingdome of God That the Kingdome of God is properly his Civill Soveraignty over a peculiar people by pact Holy what Sacred what Degrees of Sanctity Sacrament Word what The words spoken by God and concerning God both are called God 's Word in Scripture 1 Tim. 4. 1. The Word of God metaphorically used first for the Decrees and Power of God Secondly for the effect of his Word Acts 1. 4. Luke 24. 49. Thirdly for the words of reason and equity Divers acceptions of the word Prophet Praediction of future contingents not alwaies Prophecy The manner how God hath spoken to the Prophets To the Extraordinary Prophets of the Old Testament he spake by Dreams or Visions To Prophets of perpetuall Calling and Supreme God spake in the Old Testament from the Mercy Seat in a manner not expressed in the Scripture To Prophets of perpetuall Calling but subordinate God spake by the Spirit â—…od sometimes also spake by Lots Every man ought to examine the probability of a pretended Prophets Calling All prophecy but of the Soveraign Prophet is to be examined by every Subject A Miracle is a work that causeth Admiration And must therefore be rare and whereof there is no naturall cause known That which seemeth a Miracle to one man may seem otherwise to another The End of Miracles Exo. 4. 1 c. The definition of a Miracle Exod. 7. 11. Exod. 7. 22. Exod. 8. 7. That men are apt to be deceived by false Miracles Cautions against the Imposture of Miracles The place of Adams Eternity if he had not sinned had been the terrestiall Paradise Gen. 3. 22. Texts concerning the place of Life Eternall for Beleevers Ascension into heaven The place after Judgment of those who were never in the Kingdome of God 〈◊〉 having been in are cast out Tartarus The congregation of Giants Lake of Fire Vtter Darknesse Gehenna and Tophet Of the literall sense of the Scripture concerning Hell Satan Devill not Proper names but Appellatives Torments of Hell Apoc. 20. 13 14. The Joyes of Life Eternall and Salvation the same thing Salvation from Sin and from Misery all one The Place of Eternall Salvation 2 Pet. 2. 5. 2 Pet. 3. 13.
a Crime For as I have shewn before in the second Chapter Dreams be naturally but the fancies remaining in sleep after the impressions our Senses had formerly received waking and when men are by any accident unassured they have slept seem to be reall Visions and therefore he that presumes to break the Law upon his own or anothers Dream or pretended Vision or upon other Fancy of the power of Invisible Spirits than is permitted by the Common-wealth leaveth the Law of Nature which is a certain offence and followeth the imagery of his own or another private mans brain which he can never know whether it signifieth any thing or nothing nor whether he that tells his Dream say true or lye which if every private man should have leave to do as they must by the Law of Nature if any one have it there could no Law be made to hold and so all Common-wealth would be dissolved From these different sources of Crimes it appeares already that all Crimes are not as the Stoicks of old time maintained of the same allay There is place not only for EXCUSE by which that which seemed a Crime is proved to be none at all but also for EXTENUATION by which the Crime that seemed great is made lesse For though all Crimes doe equally deserve the name of Injustice as all deviation from a strait line is equally crookednesse which the Stoicks rightly observed yet it does not follow that all Crimes are equally unjust no more than that all crooked lines are equally crooked which the Stoicks not observing held it as great a Crime to kill a Hen against the Law as to kill ones Father That which totally Excuseth a Fact and takes away from it the nature of a Crime can be none but that which at the same time taketh away the obligation of the Law For the fact committed once against the Law if he that committed it be obliged to the Law can be no other than a Crime The want of means to know the Law totally Excuseth For the Law whereof a man has no means to enforme himself is not obligatory But the want of diligence to enquire shall not be considered as a want of means Nor shall any man that pretendeth to reason enough for the Government of his own affairs be supposed to want means to know the Lawes of Nature because they are known by the reason he pretends to only Children and Madmen are Excused from offences against the Law Naturall Where a man is captive or in the power of the enemy and he is then in the power of the enemy when his person or his means of living is so if it be without his own fault the Obligation of the Law ceaseth because he must obey the enemy or dye and consequently such obedience is no Crime for no man is obliged when the protection of the Law faileth not to protect himself by the best means he can If a man by the terrour of present death be compelled to doe a fact against the Law he is totally Excused because no Law can oblige a man to abandon his own preservation And supposing such a Law were obligatory yet a man would reason thus If I doe it not I die presently if I doe it I die afterwards therefore by doing it there is time of life gained Nature therefore compells him to the fact When a man is destitute of food or other thing necessary for his life and cannot preserve himselfe any other way but by some fact against the Law as if in a great famine he take the food by force or stealth which he cannot obtaine for mony nor charity or in defence of his life snatch away another mans Sword he is totally Excused for the reason next before alledged Again Facts done against the Law by the authority of another are by that authority Excused against the Author because no man ought to accuse his own fact in another that is but his instrument but it is not Excused against a third person thereby injured because in the violation of the Law both the Author and Actor are Criminalls From hence it followeth that when that Man or Assembly that hath the Soveraign Power commandeth a man to do that which is contrary to a former Law the doing of it is totally Excused For he ought not to condemn it himselfe because he is the Author and what cannot justly be condemned by the Soveraign cannot justly be punished by any other Besides when the Soveraign commandeth any thing to be done against his own former Law the Command as to that particular fact is an abrogation of the Law If that Man or Assembly that hath the Soveraign Power disclaime any Right essentiall to the Soveraignty whereby there accâ—…eth to the Subject any liberty inconsistent with the Soveraign Power that is to say with the very being of a Common-wealth if the Subject shall refuse to obey the Command in any thing contrary to the liberty granted this is neverthelesse a Sinne and contrary to the duty of the Subject for he ought to take notice of what is inconsistent with the Soveraignty because it was erected by his own consent and for his own defence and that such liberty as is inconsistent with it was granted through ignorance of the evill consequence thereof But if he not onely disobey but also resist a publique Minister in the execution of it then it is a Crime because he might have been righted without any breach of the Peace upon complaint The Degrees of Crime are taken on divers Scales and measured First by the malignity of the Source or Cause Secondly by the contagion of the Example Thirdly by the mischiefe of the Effect and Fourthly by the concurrence of Times Places and Persons The same Fact done against the Law if it proceed from Presumption of strength riches or friends to resist those that are to execute the Law is a greater Crime than if it proceed from hope of not being discovered or of escape by flight For Presumption of impunity by force is a Root from whence springeth at all times and upon all temptations a contempt of all Lawes whereas in the later case the apprehension of danger that makes a man fly renders him more obedient for the future A Crime which we know to be so is greater than the same Crime proceeding from a false perswasion that it is lawfull For he that committeth it against his own conscience presumeth on his force or other power which encourages him to commit the same again but he that doth it by errour after the errour shewn him is conformable to the Law Hee whose errour proceeds from the authority of a Teacher or an Interpreter of the Law publiquely authorised is not so faulty as he whose errour proceedeth from a peremptory pursute of his own principles and reasoning For what is taught by one that teacheth by publique Authority the Common-wealth â—…eacheth and hath a resemblance of Law till