is a plain difference between Civil and Ecclesiastical Power between the Sword and the Keyes For what is bound by the civil Power on Earth is bound and made good on earth by an earthly Sword But what is bound on earth by the Spiritual Power is bound in heaven and made good and executed by Jesus Christ and that by a Spiritual force upon a Divine Promise Secondly this Sword must protect the good and punish the bad which implies there must be wise and just Laws 2. There must be just judgement according to these Laws For otherwise there can be no true and certain knowledge of good and bad for to put a difference between them that the one may be punished for violation the other protected for the observation of the Laws And here again we must note 1. That there is a threefold Power civil or rather three degrees of that Power The first is Legislative The second Judicial The third Executive For Legislation Judgement and Execution by the Sword are the three essential acts of supreme Power civil in the administration of a State 2. That there is no Power to punish the good and protect the bad For the Sword must execute according to Judgement and that must pass according to Laws and both Judgement and Laws must be regulated by Divine Wisdom and Justice Thirdly This Sword must be in the hands and possession of higher or supereminent Governors For a Title without the possession of a Sword can neither punish nor protect Therefore in all States of the world they who have possession of the Sword do rule let the Title be what it will neither can it be otherwise And no Prince can rule when God hath taken away his Sword It hath been declared in some measure 1. What Power in General 2. What Power civil in Particular is The third thing concerning this supremacy of Power to be examined is the original of it And the same Text of the Apostle Paul tels us that it is of God therefore in the Definition I said That the Sword was committed by God to higher Powers who become such by this Commission when God gives them possession of the Sword So that the Original of this Power is from God both in respect of the Power and the persons possessed of Power For it is he that gives Understanding Will and Power sufficient for to govern he gives Wisdom and Justice he commands all Societies that have opportunity to set up a wise and just Government for Peace and Godliness In respect of the persons he designs them either in an ordinary or extraordinary way he inclines the hearts of the people to submit and obey he prevents seditions rebellions treasons and such like acts as tend to confusion and the ruin of Common-wealths according to that of the Psalmist Thou hast delivered me from the strivings of the people Psal 18.43 And it is God that subdueth the people under me Psal 47. In this designation God sometimes useth the consent tacit or express sometimes the force and consent of Man Fourthly The Subject of this Power is either standing or movable The standing Subject by Nature is the community in whom vertually it resides and is exercised by a general representative upon extraordinary occasions or at certain determinate times And this is the best way to preserve liberty if these general Assemblies be well ordered and fit persons rightly qualified be chosen For its dangerous to trust either one man or a number of men with too much power the constant exercise of the same This supreme power reserved to the whole community to be exercised as necessity or occasion shall require might be called Realis Majestas yet every Community is neither so wise nor so happy For in most States we find only a personal Majesty or supreme Power and the same sometimes Despotical and too absolute yet in other Common-wealths the supreme Governours are limited and only trusted with the exercise of the power according to certain Rules and fundamental Laws Of this Majesty or supreme Power civil some Writers have observed that it must be not only supreme but also perpetual and above Laws soluta Logibus That it must be supreme and above all subordinate power within and independent upon all other soveraigns without its necessary It must be also perpetual and fixed that it may be distinguished from the extraordinary and temporary powers trusted in the hands of one or more upon extraordinary occasions How far it is absolute or above the Laws I shall examine hereafter After the supreme Power civil is determined and sixed in a certain Subject Subjection to it follows which is the third thing in the Definition Regimen est ordo Imperii subjectionis For in all Government some must be above and have power to command some must be below and be bound to obey And in a civil State there must be one universal supreme to which all others in the Community must subject themselves This Subjection must be rational free and orderly or else the State cannot continue long nor be well administred And wisdom must determine not only the general order of superiour and inferiour but also in particular the Community must be divided into parts with a co-ordination of equals and subordination of the unequals and of every several part unto the whole that so every one may know his place and rank that he may keep it Therefore the Apostle commands every soul Rom. 13.1 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 not barely to be subject any ways but in a certain order for the Community must be like an Army put in array that so the supreme Power may the better animate and order it upon which followeth a more regular motion of this great body both in the whole and every part tending the more directly to Peace Godliness and Honesty For there is a twofold end of regular civil Government The first is Peace The second is Godliness and Honesty to which Peace is subordinate For the Apostle exhorts us to pray for Kings and all that are in authority that we may lead a quiet and peaceable life in all Godliness and Honesty 1 Tim. 2.1 Government is for Peace Peace for Godliness and the performance of our duty towards God and Honesty That we may live soberly and justly towards men When God doth bless a people with a setled Government and an happy peace for these are Gods blessings neither Prince nor people must forget their God or live in Luxury and deal unjustly one with another For these things offend him provoke him to anger and pull down his Judgements upon them He expects Piety and Honesty from every one even from the highest to the lowest And these earthly States are erected and subordinated to an higher end then peace and plenty here on earth they should be so ordered as to prepare men for eternity otherwise Regna are but latrocinia a den of thieves and a combination of devils Thus much I thought
them in the supreme power Others are of a mind that seeing they cease to be Kings or Soveraigns they may be lawfully tryed and put to death as well as private men and that without any ordinary jurisdiction Others determine this to be lawful in such States as that of Lacedemon in Grece and Arragon in Spain What the Doctrine of the Church of Rome is cannot be unknown For the Pope doth arrogate an universal Ecclesiastical Jurisdiction whereby he may excommunicate any Christian King that shall not obey his Canons and Edicts and upon this sentence once given he may depose him free his subjects from their allegiance and command them as Catholicks to rise in rebellion against him some of them have taught that its a meritorious art to poyson stab or any other way murther Kings for the promotion of the Catholick cause This question after the terms thereof clearly explicated is of very great moment and let men advise well how they do determine either in their own judgement privately or before others T. H. There be Doctors that think there may be more sorts that is more Soveraigns then one in a Common-wealth and set up a Supremacy against the Soveraignty Canons against Laws and a Ghostly Authority against the Civil c. G. L. There cannot be any Soveraign but one in one and the same Common-wealth and to set up Supremacy against Soveraignty Canons against Laws Ghostly authority against Civil must needs be a cause of division confusion dissolution Yet this will not prove any inconsistency of an Ecclesiastical independent power with the Civil Soveraignty in one and the same Community And the distinction of the power of the keyes given by Christ unto the Church and the power of the sword trusted in the hands of the higher powers civil is real and signifies some things truly different one from another though he either cannot or will not understand it With Mr. Hobbs indeed this distinction can signisie nothing because he hath given unto the civil Soveraign an infallible judgement and an absolute power in all causes Ecclesiastical and Spiritual His discourse may be good against those Ecclesiastical persons who have usurped civil power otherwise it s impertinent and irrational And he must know that it is alike difficult to prove That the State hath the power of the keyes as for to evince that the Church hath the power the sword It s as great an offence for the State to encroach upon the Church as for the Church to encroach upon the State The Bishops of Rome have been highly guilty of the one and many protestant Princes and States of the other And though men will not see it yet its clear enough that one and the same Community is capable both of a Civil and Ecclesiastical Government at one and the same time and that the Church and State are two distinct Common-wealths the one spiritual and the other temporal though they consist of the same persons And these persons as Christians considered in a spiritual capacity make up the Community and Common-wealth Christian which is the Church as they are men having temporal estates bodily life and liberty they are members of the civil Community and Common-wealth The Power Form of Government Administration Laws Jurisdiction Officers of the Church are distinct and different from those of the State The sentence of the Church is Let him be an Heathen or a Publican and the execution is expected from heaven according to the promise Whatsoever you bind on earth shall be bound in heaven and this sentence doth take away some spiritual but no temporal or civil right of the person judged though the judgement be passed and made valid both in foro interiore exteriore The sentence of the civil State is Let him be fined imprisoned stigmatized banished put to death and it s executed by the sword The several members of a Church National and the whole Church joyntly is subject to the civil power and the civil Soveraign if a Christian is subject to the Church because as a Christian he is subject to Christ and bonnd by his Laws And as a civil Soveraign he is bound to protect the Church and he may by civil Laws ratifie the Ecclesiastical Canons and then they bind not only under a spiritual but a civil penalty too If Church-assemblies give cause of jealousie to the Civil powers they may regulate them and order their proceedings if they offend they may punish them Their persons lives estates are under the sword and if this be taken from them because they will not obey them to disobey Christ they ought to suffer it patiently for Christs sake In this case the Church may pray and weep resist and rebel they may not for Christians as Christians have no power of the sword against any man not their own members much less against the civil Soveraign whom if they resist they must do it under another notion or else they transgress and can have no excuse And here it is to be observed 1. That Christ gathered Disciples instituted Church-discipline made Laws and the Apostles executed them in making Officers Acts cap. 1. 16. made Laws cap. 15. passed sentence and executed the same 1 Cor. 5. and all this without any Commission from any civil Soveraign Therefore it s not true which some learned Divines have affirmed That the State and Church are one body endued with two powers or faculties for they are two distinct bodies Politick It s true that if as some conceive there were no power but coactive of the sword then they must needs be one body But there is another power as you heard before 2. If a King become Christian by this he acquires no power not the least more then he had before and if he be Heathen or Mahometan and all his subjects become Christian he loseth not one jot of his former civil power which they are bound to submit unto by the very Laws of Christianity If he command any thing contrary to the Laws of Christ they may and must disobey but deny his power they may not they must not In this case a Christian may be perplexed between the Devil and a Goaler as some of Scotland were said to be when if they obeyed the Parliament and joyned with Duke Hamilton to invade England the Kirk excommunicate them and deliver them up to Satan if they obeyed the Church prohibiting them they were cast in prison by the State The cause of this perplexity is not from this that the Church and State are two distinct Common-wealths but because the commands of the one or both may be unjust T. H. Some make the power of levying money depend upon a general assembly of conduct and command upon one man of making Laws upon the accidental consent of three Such government is no government but a division of the Common-wealth into three independent factions c. G. L. Here again he hath made the Parliament which is the
the main design of this long and tedious Chapter wherein he is not content to vent his errours but he must broach his blasphemies For after he had granted the Ecclesiastical power to be in the Apostles and their successors for about 300 years he tels us T. H. That the Trinity is a threefold representation of God 1. By Moses 2. By Christ on earth 3. By the holy Ghost in the Apostles and this agrees with that of the Divine Apostle There are three that bear witness in heaven the Father the Word and the Holy Ghost and these three are one 1 Joh. 5.7 G. L. This deserves no answer but detestation because it s not onely blasphemous but also devoid not onely of divine but humane learning and no ways to be suffered amongst Christians Having thus determined the proper and just subject of this power for so long a time he proceeds to let us know what this power is T. H. The power of the Church is but to teach to baptize to absolve to excommunicate G. L. The foundation and Rule of all Christian doctrine worship and discipline is briefly and by a wonderful wisdom comprised in those words of our Saviour ready to ascend into Heaven Go and teach all Nations baptizing them c. Mat. 28.19 20. For in those words we are taught 1. What Doctrine we must believe and profess 2. What worship we must perform unto the Deity and how and upon what grounds 3. Who may and who may not be admitted into Christian society and who may and who may not be continued in the same and enjoy all the priviledges thereof Those who being taught profess their faith in God the Father Son and Holy Ghost and promise to obey the commands of Christ may be baptized and solemnly admitted into the Church They who continued to profess their faith to perform their promise of obedience unto Christ might be continued in this society and enjoy the priviledges otherwise not From which words its evident there must be a power to teach baptize absolve excommunicate and also to ordain and design fit persons to do these things and give rules out of the Gospel how they may be done aright This Author first makes void as he conceives all Bellarmines discourse concerning the form of Ecclesiastical government whether it be Monarchical Aristocratical or Democratical 2. They have power but to teach The reason why Bellarmines discourse is void is given by him to be this because the Church hath no coercive power If he mean coercive civil by the sword its certain there is no such power Ecclesiastical Neither doth Bellarmine affirm or challenge it but indirecte per accidens Yet he was told before that the execution of the Churches censure is from heaven as it is passed in the name of Christ and by his power 1 Cor. 5.4 And he hath promised whatsoever is bound on earth shall be bound in heaven and whatsoever loosed on earth shall be loosed in heaven Mat. 18.18 This is not in the name of the civil Soveraign nor by the power of the sword And it must be done by some power and this power must be exercised either by one or more or all according to some certain order And Government is nothing but ordo imperii subjectionis 2. That the Church hath but power to teach perswade counsel c. he proves first by his false supposition that Christ doth not reign until the universal Resurrection secondly by that time of Regeneration which he bounds within the terms of Christs ascension and his second coming to Judgement The former argument was grounded upon a false interpretation of our Saviours words and so the later is for by Regeneration in Mat. 19.28 is meant the Resurrection and so it s printed and distinguished in divers coples and so the King of Spains Bibles read it as others also and the sense is they which have followed me shall in the Regeneration that is Resurrection sit upon twelve Thrones c. But suppose that regeneration be not the resurrection Yet it cannot be a time of that continuance as to reach Christs coming to Judgement but only the time of their following Christ which cannot extend beyond his ascention Yet let it be granted that by it is signified the whole tract of time from his ascention till his coming to Judgement it will not follow from that text that Christ doth not raign till that time be expired for he may as he doth raign and exercise many acts of his regal power before he pass the final sentence upon all men and Angels His other reasons are frivolous and not ad idem Yet his last argument save one is That because Christ hath left to civil Governors their power therefore he hath left none to the Church And its true that he hath left no civil power of the sword to the Church yet it doth not hence follow that he hath denyed it the spiritual power of the keyes And here he makes a most abominable digression affirming that we may deny or profess against our conscience and comply with civil powers commanding and forbidding contrary to that which Christ hath commanded and forbidden and so hath taken away the ground of all Martyrdom and razed the very foundation of our Christian confession Besides he seems to put a difference between their power to Preach and their power to Teach but he will not let us know what this difference is And his arguments tend to prove that Ministers have no power to command no authority yet the people are commanded to obey them that rule over them and submit themselves because they watch over their souls Heb. 13.17 And he that heareth them heareth Christ and God that sent him and he that despiseth them despiseth Christ and God that sent him To that purpose we read in Luk. 10.17 And how can this possibly be true if this have no authority no law no sin To teach and preach in such a manner as they who will not hear and obey shall be guilty as contemners of the divine Majesty and so as that it shall be more tolerable for Sodom in the day of judgement then for them is to teach with authority and power and the same no doubt greater then any Prince civil in the world is invested withal For they cannot command so as to make the disobedient liable to eternal penalties He granteth further that they have power to Baptize and by Baptism admit into Christs Kingdom which is a spiritual naturalization and also to absolve and excommunicate yet the former is an act of Legislation the latter of Jurisdiction and how can that be performed without power Thus the man is pleased to confute himself Yet in the acts of Jurisdiction we do not affirm the judgement of the Church to be infallible because they can have no infallible knowledge of the inward disposition of the souls of persons penitent or impenitent Yet sometimes the evidence of the cause is such
is to inform the King of his errours and never to cease petitioning in the name of the people till he reform and return to the observation of the Laws These also inform the King of the miscarriage of all other Officers though never so great The other rule and practise is every third year to make a severe and rigid inquisition into the administration of all Magistrates and to put out and punish the unjust negligent and unworthy and to establish the just The Author endeavours to prove the excellency of Monarchy above other forms because it hath conveniencies proper to it self and is free from inconveniencies incident to Aristocratical and Democratical States Yet this is to little purpose For 1. The best forms have their imperfections 2. The inconveniences mentioned are easily prevented by wise States-men even in other forms of Government The discourse following concerning elective and limited Monarchies so called yet are not such as also concerning succession I omit 1. Because others have discussed these points in their Political systems more accurately 2. Because though some things are both ignorantly and untruly affirmed yet they are not worthy to be taken notice of much less of any refutation CAP. IV. Of the Second Part the twentieth of the Book of Paeternal and Despotical Dominion THE method of Politicks is miserably perverted by the Author For whereas power is first acquired before a Common-wealth can be constituted he first informs us of the several kinds of Constitutions which arise from the different manner of disposing the power acquired and after that of several waies how the power is acquired And further to bewray his ignorance of the rules of Government he confounds Oeconomical power with Political so that I may truly say that he is one of the worst that ever wrote either of Civil or Ecclesiastical Politicks In this Chapter he undertakes 1. To define a Common-wealth by acquisition and to shew the difference between it and that by constitution 2. To declare how dominion is acquired 3. To prove the Soveraign rights out of Scripture 4. From thence to demonstrate that all Soveraign power is absolute T. H. A Common-wealth by acquisition is that where the Soveraign power is acquired by force And the difference of this from that of constitution is that in the former men subject themselves for fear of the Soveraign in the latter for fear of one another G. L. This is the substance though not all his words where we must observe That this is no distinction of a Common-wealth but of the manner how the power whereby any is made a Soveraign is acquired and that all Soveraigns do one way or other acquire their power for it s meerly accidental no waies essential to any man for to be invested with power And howsoever the Soveraignty civil be obtained it makes no difference in the Common-wealth For in every state the power is acquired and so there is no Common-wealth but its both by acquisition and constitution too So that he hath made a distinction without a difference T. H. Dominion is acquired two waies by Generation and Conquest The first is Paternal the latter is Despotical G. L. This is very defective as in this place its heterogeneous and impertinent What have we to do with Family-power in a Common-wealth For Familes as they make vicinities and vicinities a Community civil are but a remote material part of Politicks In a Family there is a threefold power acquired the power of an husband over his wife by marriage covenant or contract the power of parents over their children by generation the power of Masters over their servants acquired several waies for some servants are slaves some are free Slaves are vernae servants born in the Family or emptitii bought with money such as are free be conductitii The two former are more subject then the last and the Master hath more power over the former sort who are born and bought then over the latter who are only hired So that there is a difference of Despotical power even in a Family the one is more absolute the other more limited Soveraignty civil is acquired several waies and all may be reduced to two For men come unto this power either justly or unjustly Justly and that either in an extraordinary way as by special unction and designation from God thus Saul and David and Davids lawful Successors of his Family were made the two first by particular nomination the other by ageneral entail or in an ordinary manner and that is either by the Law of Nature or by institution By the Law of Nature when a multitude sufficient for their own protection and government associate and by union and communion become a Community the Soveraignty is virtually and eminently in themselves and in the whole body of the people being free and this is so natural a subject that upon the defect of succession it returns unto them again By institution and more formal contract and that is by a free and full election or by a submission to a Conquerer which is so far voluntary that if they had power to protect themselves they would not submit Unjustly by usurpation when he or they who have no right yet take the possession into their own hands in a way contrary to the Laws of God and the consent of men yet such an Usurper cannot be a Soveraign without some kind of consent of God and man In this case fraud or force gets the advantage over the people so far as that they must submit or do worse When any ascend the Throne by Marriage Succession Election they are made Governors by institution with free and full consent In all this I speak of the supreme not the subordinate power which is by Commission derived from the supreme In all these waies of acquiring power we must distinguish between power of constitution in constitution and in administration and also take special notice that there is no power which can govern without consent not only of man but also and especially of God who either in justice and severity or in mercy doth change and alter the Kingdoms of the world at will and pleasure For he alone doth rule in heaven and earth at all times Thus far concerning the acquisition of power and of the jura majestatis rights of Soveraigns which he conceives to have made clear by reason and now in the next place undertakes to prove out of Scripture yet in such a loose and implous abusive manner that I verily perswade my self he doth not believe them to be revealed and written from heaven or that Jesus Christ was an ordinary just man much less the Eternal Son of God incarnate T. H. pag. 105. Le ts now consider what the Scripture teacheth in the same point To Moses the children of Israel say thus Speak thou to us and we will hear thee but let not God speak to us lest we die This is absolute obedience to Moses G. L. This is
sin of man and merited for himself eternal power and glory and for us eternal life and all effectual means for the certain attainment thereof All the rest of his acts performed by him as King Priest and Prophet tended unto the application of his sacrifice that we by faith might be partakers of the benefit thereof This is the sum of that Doctrine of Redemption delivered clearly and more fully in several places of the Scripture especially of the New Testament Yet this Innovatour hath obscured the same several ways and determines the Kingdom of Christ to begin when the world doth end because Christ said to Pilate My Kingdom is not of this world Joh. 18.36 From whence he concludes T. H. That the Kingdom of Christ is not to begin before the general Resurrection G. L. This is a gross mistake and mis-interpretation of a place which is clear in it self For by his gloss he makes the Scripture to contradict it self Christ was then Candidatus imperii and was King when he gave this answer unto Pilate yet he began to reign and exercise his Royal power more eminently when he was set at the Right hand of the Father yet his Kingdom was not of this world that is not civil but spiritual and as Austin upon the place It was Hic non hinc in the world not of the world in the world yet not worldly but divine and far more excellent then the Kingdoms of the world This is the genuine sense of the words That Christ doth reign now and hath reigned since his ascension and sitting at the right hand of God is evident Before his Ascension he lets his Apostles know that all power in heaven and earth was given him and according unto and by vertue of that power he gave Commission to his Apostles to teach and baptize and perswade men to the obedience of his commands Mat. 28.18 19 20. He that hath an universal power in heaven and earth who makes officers and gives them power who makes Laws Institutes Sacraments and sends down the Holy Ghost must needs reign and his Kingdom is begun already We read that Christ must reign till he hath put all enemies under his feet and the last enemy that shall be destroyed is death And when all things shall be subdued unto him then shall also the Son of man be subject unto him that put all things under him that God may be all in all 1 Cor. 15.25 26 28. Where first from Psal 110.1 The Apostle tels us That Christs Kingdom did Commence at the time of Christs sitting at the right hand of God 2. That with him to sit at the right hand of God is to reign 3. That he must reign by Word Sacraments Spirit Ministry till all enemies whereof death is the last be destroyed 4. That when death is destroyed he shall deliver up his Commission and kingdom in respect of this administration by Ordinances 5. That at the Resurrection this manner of reign shall end when Mr. Hobbs saith it shall begin 6. That then God shall be all in all that is reign perfectly in his Saints without any enemy without opposition without Ordinances and more immediately Before that time indeed he will not proceed to the final and universal sentence and execution of the same Yet there are many acts of government besides judgement and many acts of judgement be sides those of the general Assizes and last Sessions To make Laws reduce men to subjection appoint Officers pass sentence and execute the same in the very souls of men are acts of one that reigns as likewise to subdue enemies Sin Satan and the world to protect the Church And in this manner Christ hath reigned since his Ascension And many Millions do adore him subject themselves unto him and obey him to this day Yet with this man Christ doth not yet reign Let him read Psalm 2. throughout It began to be fulfilled upon his Resurrection and Ascension as appears out of the Acts of the Apostles and their Epistles And if he or any other shall deny the present reign of Christ they must expect with his Iron Scepter to be dasht in pieces like a Potters Vessel CAP XI Of the third Part the 42. of the Book Of Ecclesiastical Power AFter he had enthroned Civil Soveraigns cap. 40. Dethroned Christ in the former Chapter In this he takes away all power from the Church and invests the Christian civil powers with it And herein it may be a question whether his ignorance or presumption is the greater for he is highly guilty of both He that will determine the controversie concerning the power of the Church must distinguist the universal power of God the spiritual power of Christ incarnate and exalted to the Throne of glory and the power deligated from Christ unto the Church universal here on earth as subject unto Christ as Lord and Monarch and also that which every particular Independent association of Christians is trusted withal for to preserve the Society and the Ordinances of God from profanation This he hath not done and therefore little or rather nothing can be expected from him This last power of particular Churches is called the power of the keys in foro exteriori in the particular government of their several combinations for there is no supreme universal Independent judicatory on earth to which all Churches in the world are bound to appeal in this outward visible administration General Counsels can be no such thing Neither was there ever any Oecumenical Synod in proper sense since the Gospel was preached to all Nations This power of outward Discipline is challenged by the Pope by the Clergy by the people Christian and by the States civil and Soveraigns of the world And in this last party is the Author deeply engaged but upon what reason I know not except he intends to side with the strongest for such are they which bear the sword The power of ordaining Ministers preaching the Word administring the Sacraments was in the universal Church since the time of the Apostles And in every particular Church reduced to a form of outward discipline there is a power of making Canons of jurisdiction of making Officers so far as shall conduce unto the better ordination of Ministers the preservation of the purity of Doctrine and the right administration of the Sacraments least they be profaned and Christ offended by the admission of ignorant scandalous and unworthy persons There is a power also of disposing and dispensing of those goods which are given to the Church for the maintenance of Christian Religion Civil Christian States may and ought to make civil Laws to confirm the just Canons and jurisdictions of the Church And those Laws may be a fence unto it against these who shall oppose or persecute Yet when all this is done those Laws are but Civil though the object of them be Ecclesiastical matters This might suffice for to confute and make void the main body and break in pieces
AN Examination OF THE POLITICAL Part OF Mr. Hobbs his Leviathan By GEORGE LAWSON Rector of More in the County of Salop. LONDON Printed by R. White for Francis Tyton at the three Daggers in Fleet-street near the Inner-Temple Gate Anno Dom. 165â— The Epistle to the Reader TO glorifie God and benefit man both by doing good and preventing and removing evil should be the endeavour as its the duty of every Christian in his station Upon this account I have undertaken this examination of Mr. Hobbs I was indeed at the first unwilling though sollicited to do any such thing because upon the perusal of the Political part of his Leviathan I conceived that as little good was to be expected so little harm was to be feared from that book Yet after that I understood by divers learned and judicious friends that it took much with many Gentlemen and young Students in the Universities and that it was judged to be a rational piece I wondered for though I knew the distemper of the times to be great yet by this I found it to be far greater then I formerly suspected And upon which considerations I judged it profitable and convenient if not necessary to say something to the Gentleman and did so After that I had communicated my pains unto divers worthy and learned friends they pressed me to give way to the Printing of them which I did if they after serious perusal should think them worthy the Press They were at length approved and again by some desired to be publick yet by others thought too brief and I was desired to enlarge But this I refused to do both because there is very little if any thing material at all in Mr. Hobbs his Civil and Ecclesiastical Politicks omitted by me and not examined and also because I had formerly finished a Treatise of Civil and Ecclesiastical Government which if it had not been lost by some negligence after an Imprimatur was put upon it might have prevented and made void the Political part of Mr. Hobbs and though one Copy be lost yet there is another which may become publick hereafter When thou hast read this brief Examination thou maist if judicious and impartial easily judge whether there be any thing in Mr. Hobbs which is either excellent or extraordinary and whether there be not many things inconsistent not only with the sacred Scriptures but with the rules of right reason But not willing to prepossess thee I commit thee to God and remain Thine in the Lord Geo. Lawson EA est plerumque Apologiarum aut Vanitas aut infelicitas ut injustam amoliendo Censuram justam ferant vel nova saltem Apologia indigeant Whereas in the close of the Preamble to this Examination the Learned Author upon the account of his Ministerial calling Apologizeth for his undertaking the Political part of Mr. Hobbs his Leviathan he is not so to be understood as if he looked upon Mr. Hobbs as such an Hercules as could not be conquered by less then two a States-man in the Civil and a Church-man in the Ecclesiastical Part of his beastly Politie but as intending at first the consideration of the Civil Part only This was thought meet by a Friend of the Authors to be thus communicated least the Reader should take occasion to grow more Censorious than he ought or Mr. Hobbs more Proud than he is T. G. CAP. I. Of Mr. Hobbs his Leviathan concerning the Causes Generation and Definition of a Common-wealth CIvil Government derives its Being from Heaven for it is a part of Gods Government over mankind wherein he useth the Ministery of Angels and the service of men yet so as that he reserves the supreme and universal Power in his own hands with a liberty to depose the Rulers of the World at will and pleasure and transfer the Government of one Nation to another to lay the foundation of great Empires and again to destroy them for their iniquity To think that the sole or principal Cause of the constitution of a civil State is the consent of men or that it aims at no further end then peace and plenty is too mean a conceit of so noble an effect And in this particular I cannot excuse Mr. Hobbs who in the modelling both of a Civil and also of an Ecclesiastical Common-wealth proceeds upon principles not only weak but also false and dangerous And for this reason I undertake him This should have been done by some wel-skill'd in Political Learning and not by me who do not profess it as being a Divine and one of the meanest amongst many And my intention is not to inform my Betters who know the vanity and absurdity of his discourse but to undeceive the ignorant Reader who may too easily be surprized The first Chapter of the second Part which is the seventeenth of his Book doth inform us First That the end of civil Government is Security Secondly This Security cannot be had in the State of Nature because it is the state of War nor by a weak nor a great multitude except united by one perpetual judgement Thirdly A great multitude are thus united when they conferr all their power and strength upon one man or assembly of men that may reduce all their wils by plurality of voices to one will c. From whence ariseth a Common-wealth Fourthly This Common-wealth is defined and distributed Against all this some thing may be excepted For First That the State of Nature is the State of War may be doubted if not denied For man is a rational creature and if he act according to his nature he must act rationally and though he may seek to preserve himself and that sometimes with the dammage or destruction of another yet he cannot may not do this unjustly but according to the Laws of Nature which are two The First Love thy neighbour as thy self The Second Do as thou wouldst be done unto These tend directly unto Peace not unto War which is unnatural and they may be kept by multitudes of men not united in a civil State or under a form of Government And this is evident from Divine and profane Histories For Families and Vicinities which had no dependance one upon another and also States both by confederation and without any such thing have lived peaceably together When the Apostle saith The Gentiles which have not the Law by nature do the things contaâ—â— in the Law he doth not mean by Nature a Common-wealth or form of Government civil It s true the Apostle brings in a Bill of Indictment against all mankind and accuseth them That their feet are swift to shed blood Destruction and calamity or misery are in their ways And the way of peace they have not known Rom. 3.15 16 17. Yet he understands this not of Nature but the corruption of Nature and the parties here accused are not men only as in the state of Nature but also under a Government and that not only Civil but Ecclesiastical
too For such the Jews here charged were So that all that can be either by him evidently proved or by others granted is That if by Nature he mean corruption of Nature and the same not only original and native but also acquired by perpetual acts so far as to quench the light of Nature and suppress the vigour of those Principles which God left as reliques of his image then his Position may be true That the state of Nature is the state of War Secondly That by a well-constituted civil Government to which Nature inclines man the Laws of Nature and Peace may be more easily and better observed But I hasten to his Definition of a Common-wealth and it is thus defined by Mr. Hobbs A Common-wealth is a Person of whose acts a great multitude by mutual Covenant one with another have made themselves every one the Author to the end he may use the strength and means of them all as he shall think expedient for their peace and common defence G. L. 1. This Definition is obscure and might have been made more plain and easie and such as we read in other Authors 2. It s imperfect and only tels us what pars imperans is and that most poorly if not falsly too 3. It may agree unto the Head or Captain of a sedition or rebellion or a company of Thieves and Robbers by Land or Pirats by Sea nay but that he speaks of a society or multitude of men it exactly agrees unto Belzebub the prince of Devils In a word it agrees to any unlawful multitude united to do mischief For here is no mention of reason or justice or law Aristotle and other Authors use to qualifie their Definition of a State with some such term For they make it 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 legitimam ordinationem and do not give up all to the soveraigns judgement which may be blinded or his will which may be corrupted or his power which may act more like a beast then like a man 4. A Common-wealth may be defined in another manner thus It is a community of men orderly subjected to a supreme power civil that they may live peaceably in all godliness and honesty This Definition or rather Description is not so accurate yet it is sufficient to inform the Reader of the nature of civil Government somewhat better then the Author hath done In it we may consider 1. The community as the Matter and Subject 2. The supreme Power civil informing this Matter 3. The orderly Subjection unto it for peace and a good life 1. The community is the Matter of which some things may be observed as 1. That the name in Greek is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in Latine Civitas which is not as the Author saith a Common-wealth in proper sense for that in Greek is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in Latine Respublica 2. That it is a multitude of reasonable Men not a Leviathan which is an irrational Brute The number of this multitude may be greater or less and not certainly determinable For Ragusa a little City as well as the vast Roman Empire may be a community to make a perfect State 3. This community must be associated and united not only in vicinity of place which is convenient but also in some stricter bond before they can be capable of a supreme Power 4. The Members of this Society are by nature free and by God to whom they are subject left at liberty to choose what Governours or form of Government they please yet so that they must desire and endeavour the best and such as shall be most conducing to Peace and Righteousness 5. Sometimes it fals out and is so ordered by Providence that a People who have continued for a certain time under a form of Government return unto their first liberty yet even then when God doth offer them an opportunity to establish the best form and constitution that they are fearfully divided Some are for the former Government others idolize some new Idea framed in their own brains Others in the mean time get the sword into their hands and once possessed of Power are unwilling to part with it Yet these sometimes are dispossessed again in the mean time the People like so many waves of the Sea are tossed this way and that way by contrary winds like as in Daniels vision when he saw the four winds strive upon the great Sea out of which arose the great Empires of the world Dan. 7.2 3 c. And all this comes to pass through the just Judgement of God and the wilful folly of men who are enemies to their own Peace Lastly In these many alterations of Governours and forms of Government the Community abides the same except it be cut off by the sword as the Amalakites and Canaanites were or destroyed by some extraordinary Judgement as Sodom and Gomorrha with fire and brimstone from heaven The second part of the Definition is the Supreme Power And here we must consider 1. The Nature of Power in general 2. The Nature of supreme Power civil 3. The Original of it 4. The Subject wherein it s fixed 1. Power in Latine Potestas in Greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is Jus imperandi a quality inherent in a Superiour as such whereby he can effectually command or bind any person subject as subject Imperium or Command is properly an act of a superiour Will whereby the person subject is bound to obedience or punishment It presupposeth the Understanding and practical Judgement whereby it is directed and is to no purpose without an executive power and coactive force sufficient to protect the Subject obeying and punish him if he prove disobedient And because the Judgement may be erroneous and the command unjust therefore there can be no Jus imperandi without Divine wisdom to direct the Understanding and Justice to regulate the Will which is to direct the coactive force And though Superiours may in many things abuse their Superiority yet they do not cease to be Superiours though as abusing their power they are not Superiours because Nulla datur Potestas ad malum none can have power to bind contrary to Divine Wisdom and Justice 2. Supreme Power civil which is in Latine called Majestas which is maxima Potestas in Civitate may be defined out of Rom. 13.1 2 3 4 5 c. and 1 Pet. 2.13 to be a Sword committed by God unto higher Powers for to punish the bad and protect the good For 1. In all Government civil there must be a sword which is an outward coactive strength and force and the same sufficient for the end it was ordained and given by God How otherwise can there possibly be any sufficient protection or punishment within the precincts of the community and territory And here two things are to be observed 1. That one and the same Sword must protect from enemies without and unjust Subjects within For the Sword of War and Justice are but one Sword 2. That there
the first Scripture alledged by him we read it in Exod. 20.19 To understand these words we must consider 1. That cap. 19.8 That all the people answered together and said All that the Lord hath said that will we do This was an absolute subjection of themselves to God and a promise to obey him 2. That the Lord said unto Moses Lo I come unto thee in a thick cloud that the people may hear when I speak with thee and believe thee for ever Verse 9. This was to procure authority and credit unto Moses as a Messenger between God and Israel 3. That the words of Exod. 20.19 quoted by the Author are expounded Deut. 5.27 For thus there we read Go thou near and hear all that the Lord our God shall say and speak thou unto us all that the Lord our God shall speak to thee and we will hear it and do it From all which it is apparent 1. That the people had formerly before they spake these words subjected themselves to God and he was their Soveraign not Moses 2. That they promise to obey the words of God declared by Moses not as they were the words and Laws of Moses but of God they will do them 3. That they promise to believe Moses as a Messenger between God and them not obey him as their supreme Lord. It s one thing to believe Moses as a Prophet from God and to yield him absolute obedience as a King Believe him as a Prophet they might obey him as their King they must not God was their King and Moses his Messenger and servant How grosly therefore doth he abuse the place how absurdly and falsly doth he thence infer the peoples promise of absolute obedience to Moses which was only due and promised unto God T. H. Concerning the right of Kings God himself by the mouth of Samuel saith This shall be the right of the King you will have to raign over you he shall take your sons c. 1 Sam. 8.11 12 c. G. L. 1. The translation which he confessed is allowed by his Soveraign and the Church of England is perverted For instead of This will be the manner of the King he turns it This shall be the right of the King There is a great difference between right which is alwaies just and manner or custom which is many times unjust 2. If this be a prerogative of Soveraigns then its a very great misery to be subject to a King and that in two respects 1. Because he will take away from his subjects unjustly that which justly is their own even the best things 2. Because by doing thus he will oppress them so grievously that having no remedy or redress from man they will cry unto God for deliverance from a King as a great and intolerable mischief 3. If it be the right of a King yet it is but the right of heathen Despotical Princes and not of the Kings of Israel But how can it be the right of heathen Kings seeing they had no power to oppress and do wrong 4. It could not be the right of the Kings of Israel for they were bound to act and judge according to the Laws God had made yet these acts here mentioned are directly contrary to those Laws and Rules of Regal Government delivered by God himself For he must have a copy of the Laws and read in it all his life that he may fear God keep his Laws not exalt himself above his Brethren c. Deut. 17.18 19 20. Neither did the Kings of Judah or Israel no not wicked Ahab practise or make use of this power as is evident in the case of Naboths Vineyard 5. To do according to this power pretended in this place is directly contrary to the very end of all Government civil which is to do justice and judgement to preserve to every one his own to protect the good and punish the bad How shall he punish the Oppressor when he is the great Oppressor himself How can he do justice upon thieves when he is the greatest thief in his Kingdom 6. If this should be the right of the Kings of Israel and of all Soveraigns then though the people of Israel were a free people yet if a King was once set over them they were meer slaves neither their Lands nor their goods nor their children nor their servants were their own and also by this reason there can be no subjects in any state under heaven that can have propriety or liberty but all are meer and absolute servants and slaves Kings may have potentiam but not potestatem force and fraud but no just power to oppress their subjects and do such things as are here mentioned Whereas some say That God in this place teacheth us what Kings may do and in Deut. 17.18 19 20. what they ought to do is to little purpose as being more acute then solid For id quisque potest quod jure potest And no man no not the greatest Princes in the world have any power to do that which is unjust 7. It s a question whether they had such a King as they desired For they desired a King which would offend God and oppress them but God gave them such a King as had no power to make Laws but such as were bound to Judge according to the civil or judicial Laws made by himself and even in the time of Kings he reserved the Soveraign Rights in his own hand It seems they understood not well what kind of King they had desired for to maintain the state and pomp of a great Court and an army in constant pay was a vast charge and required such a revenue as could no waies be raised without the great oppression of the people And this they did not consider neither would understand till it was too late and the yoak was upon their necks and the burden pressed them very sore When Princes are trusted with an absolute power to raise men and moneys at their will and pleasure they will not be content with the ordinary Revenue of their Crowns but what they cannot obtain justly by the Laws and the constitution of the State they will force by the sword and so the Government proves military and in the end meerly arbitrary Whereas Mr. Hobbs conceives That to go in and out before them and Judge the people contains as absolute a power of the Militia and Judicature as one man can possibly transfer unto another he is much deceived For both these may be had in a despotical or a Regal way or by Commission The first is absolute the two latter are not so The Kings of Sparta Poland Arraegon might have both these and yet be no absolute Soveraigns T. H. Solomon prayed that God would give him understanding to judge his people and discern between good and evil 1 Kings 3.8 therefore he had the Judicial and Legislative power supreme and absolute G. L. This is his meaning and thus he understands these words
shall have benefit even treasure in heaven if he do so Yet even this is so a counsel as it is a command For man is bound to love God more then the world and to preferr treasure in heaven before treasure on earth and this by command As it directs its counsel as it binds its command For one and the same sentence may be a command a counsel and an exhortation too yet in different respects as it binds a command as it directs a counsel as it incites an exhortation And very many exhortations include or at least presuppose a command and a counsel But I wonder why Mr. Hobbs should make these words of Peter Repent and be baptized Acts 2.38 a counsel only Are not all men especially which hear the Gospel bound to repent For doth not Saint Paul say And the time of this ignorance God winked at but now commandeth all men everywhere to repent Acts 17.30 And what will he contradict the Apostle and in express terms It seems he is but a Divine of the lowest rank as he is a States-man far under the highest form His presumption and boldness is very great but his knowledge and judgement very defective For if he had known that repentance had been a principal duty according to a principal command of the Gospel and that it was nothing else but a return to obedience after disobedience he might have corrected himself and avoided this errour 3. In the next place he undertakes to determine the qualifications of a good Counsellor of State which hath been done to his hand and far better then here we read He is a good Counsellor who gives good connsel and that is only good counsel which is a greeable to the wisdom and justice of God and tends to the publick good of the State therefore his first Condition is either imperfect or else directly false For the interest and ends of the Counsellor in his counsel to be consistent with the ends and interest of a Prince counselled is no waies absolutely good but may be very wicked and unjust The rest of the conditions prescribed by him are good yet none of the chiefest mentioned by others omitted by him 4. In the last part of this Chapter he endeavours to prove but yet upon very weak and also very false grounds That its better to hear Counsellors apart then in an Assembly What he means by these words prefixed supposing the number of them equal I know not For he argues against counsel given in Assemblies without any mention of the equality of their number Yet this is evident by this rule of God that the privy Council and Parliaments of England are made useless unprofitable at least not so good as a secret pact Juncto This is very unworthy and base and hath been the ruine of many Princes The Constitution of England required a Parliament as the great Council of the Kingdom in arduis regni negotiis and a standing Privy-Counsel as it was called in other matters of lesser moment That both these may be ill constituted abused and turned into factions there is no doubt we have had too woful experience of this Yet all these inconveniences with others mentioned by the Author may be prevented and the Counsels rectified The way to our good and the welfare of England is not to take them away and destroy them but reduce them if possibly it may be done to their prime institution Otherwise we may fear a military Government or an absolute Monarch or a Tyrannie or an Anarchy A wise council of Lords standing and the great Council of the Parliament have been the best supports under God of the peace and happiness of this Nation In this I am brief because here is little that is material and it more properly belongs to that head of Ministers of State and Officers CAP. X. Of the Second Part. The 26. of the Book Of civii Laws THE principal heads and parts of this Chapter are 1. The definition of a Law civil with certain conclusions thence deduced 2. The interpretation of Laws 3. The distribution of Laws in general In the administration of a Common-wealth once constituted the first thing is Legislation the second is the Execution In the execution 1. Officers are made 2. Jurisdiction exercised according to those Laws Therefore the proper place of treating concerning Laws civil in general is in the first part of administration which requires first that Laws be made For God himself did avouch himself to be Israels Lord and King and they avouch themselves his subjects and people and this was the constitution of that State This being done in the next place he proceedeth to make Laws And this is the order of all such as will imitate God and proceed orderly to govern a State as appears Exodus 19. and the 20. Chapters and so forward This also was Jethroes counsel unto Moses and approved of God Thou shalt teach them Ordinances and Laws and shalt shew them the way wherein they must walk and the work that they must do Moreover thou shalt provide thee of all the people able men c. and place such over them This was making of Officers after he had given them Laws and let them Judge the people This is jurisdiction Exod. 18.20 21 22. From hence it appears how preposterously this man and others are that treat 1. Of Magistrates 2. Of Laws The difference between Laws Civil in general and the Civil Law of the Roman Empire is more easily known and learned from the Civilians who have clearly delivered it then from him For Politicks speaks of Civil or Political Laws made for the Government of State more generally and if it mention any Laws of particular States they are but examples to the general rules concerning Laws But let us pass by this and proceed to his definition which is as followeth T H. Civil Law is to every subject those rules which the Common-wealth hath commanded him by word writing or other sufficient sign of the will to make use of it for the distinction of right and wrong that is of what is contrary and what is not contrary to the rule G. L. In this definition the Genus is it s a rule the efficient cause is the Common-wealth the party bound is the subject the end is the distinction of wrong which is contrary and right which is not contrary to the rule But 1. The Genus is not a rule which is an act of the understanding whereas Law is not only an act of the understanding but the will which is facultas imperans Many may give rules by their wisdom which can make no Laws by their wills 2. The efficient cause is not the Common-wealth but pars imperans the Soveraign who is but one part of it 3. The end is not only to declare a distinction between right and wrong but to bind the subject to do that which is right and to forbear that which is wrong For lex est regula
obligativa 4. Not content to give the definition he explains what is right and that is that which is not contrary to the Law and wrong and its that which is contrary But what he means by rule is hard to know If he mean by rule Law it self then its absurd if he intends some antecedent rule of divine wisdom manifesting what is just or unjust before a civil power command it he is obscure Though he undervalue the Philosopher so much as far below him though he was far above him he might with Marsulis of Padua in his Defensor Pacis pars 1. cap. 10. have observed out of him a better definition of a Law given Ethn. ad Nicho. lib. 10. cap. 9. Lex est sententia doctrina seu judicium universale justorum conferentium civilium suorum oppositorum cum praecepto coactivo per poenam aut praemium de ejus observatione in hoc saeculo destribuenda More briefly it s a coactive precept of the Soveraign binding the subject to obedience and upon the same to be rewarded or upon disobedience to be punished in this life where many things are to be observed 1. The matter of this Law is something in it self just and conducing to the publik good yet so that it reacheth to the contrary 2. This must be known and judged to be so by the wisdom and understanding of the Soveraign for all Laws arr made by wisdom Political 3. This judgement of the Law-giver must be made known unto the subject therefore the Philosopher saith its 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a word And he means not only 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a word not only inwardly conceived in the mind of the Law-giver 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as Aristotle saith but it must be uttered and made known as the ten Commandements are called the ten words therefore it s said Exodus 20. God spake all these words 4. It must be praeceptum which includes the will of the Soveraign intending to bind the subject and so declaring himself 5. It must be an universal precept binding the whole community of the subject 6. It must be a coactive precept and backt with the sword for to make the Obligation effectual In this respect the Philosopher saith 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the Law must have a coactive force And the Apostle saith he beareth not the sword in vain which words imply the Law-giver must have a sword 7. This sword protects and rewards the obedient who observe this Law according to their obligation and it punisheth the disobedient and for these two ends the Law must be co-active and armed with a sword 8. These rewards and punishments are to be conferrd and inflicted in this life for it cannot reach the soul and the life to come and this doth difference the civil Laws of men from the Laws of God which bind men to obedience upon the promise of spiritual and eternal rewards and for defect of obedience unto eternal and spiritual penalties This hath far more of the definition of a Law then his and more fully declares the nature of a Law civil Yet if either he or any other will improve it I shall like it well for I know mine own imperfections From his definition he infers several conclusions the first whereof is T. H. The Legislator in all Common-wealths is the Soveraign Again the Common-wealth is the Legislator by the Representative G. L. That pars imperans is the Legislator in every State must needs be granted but that the Common-wealth should be the Legislator either by or without pars imperans the Soveraign I do not understand For it consists of two parts the Soveraign and the subject and if the whole Common-wealth make Laws then the subject as well as the Soveraign is Legislator In a Republick or free-State there is a difference between the Soveraign and the subject much more in other models and forms Therefore he must needs speak either improperly or untruly when he saith the State is Legislator T. H. Conclusion 2. The Soveraign is not subject to the civil Laws because he hath power to make and repeal them at pleasure G. L. That the Soveraign in divers respects and especially as a Soveraign is not subject unto but above the Laws is a certain truth For Laws do bind the subject not the Soveraign to obey or be punished but the Soveraign doth command as Superiour not obey as inferiour doth punish is not punished The power to make a Law when there is none and to repeal after that it s made is sufficient evidence of his superiority as also dispensations in judgement and pardons be Yet this supreme will Legislative over men is subject to the superiour will of God and must neither make nor repeal Laws but according to wisdom and justice T. H. Conclusion 3. Custom is not Law by long continuance of time but by consent of the Soveraign G. L. This follows from the first Conclusion For if the Soveraign only be the Legislator then continuance of time and practise of the people though universal cannot make a Law The Soveraign must give either an express or tacit consent and this consent is then most evident when he makes the custom a rule in judgement and observes it And the Civilians well observe that besides continuance of time and the Soveraigns consent A third thing is required and that is that the beginning of it be reasonable as the Author here doth note T. H. Conclusion 4. The Law of Nature and the Civil Law contain each other and are of equal extent For the Laws of Nature which consist in equity justice gratitude and other moral vertues on these depending in the condition of meer nature are not properly laws but qualities that dispose men to peace and obedience when a Common-wealth is once actually settled then are they Laws c. G. L. 1. This is no Conclusion from the definition except he mean that the rule of right and wrong be the Law of Nature 2. The Laws of Nature are the Laws of God and not of man and not only subjects but Soveraigns are bound by them 3. Therefore they bind not as commanded by the civil Soveraign but as written by the hand of heaven in the heart of man Neither is that which afterwards he makes the difference between the Law of Nature and the Law of civil Governors any difference at all that the one is written the other not For both are written one by the hand of man though every Civil Law be not written and the other by the hand of God the one in the heart the other upon some other material substance and that which is written in the heart may be written out of it 4. Equity justice gratitude and other moral vertues are not Laws of nature but either habitual or actual conformities unto the Laws of Nature 5. How the Laws of Nature and Laws Civil should be of equal extent and yet contain one
Chrstianity but per accidens so far as the persons who are Christians are subject to the civil power And this care of the Magistrate may do much good not only in preventing all tumults and seditions about Religion as prejudicial to the peace of the State and suppress them but also protect the servants of Christ and promote Christianity very much And in this respect only I conceive Soveraigns to be in all Causes as well Ecclesiastical as Civil supreme Governors From the definition formerly given he concludes T. H. That because in all Common-wealths that assembly which is without warrant from the civil Soveraign is unlawful that Church also which is assembled in any Common-wealth that hath forbidden them to assemble is an unlawful assembly G. L. There is a diffecence between warrant permission and prohibition Acts 15. we read of a Church-assembly at Jerusalem yet without any warrant from the Roman Emperour and the same did debate determine engross and publish certain binding Canons yet I hope he dare not dictate it to be unlawful though it had been forbidden Permission perhaps they had warrant they had none There are actions and such as God commands and civil Governors forbid yet the prohibition of man cannot make void the command of God For we must obey God rather then man But he tells us T. H. That temporal and spiritual Government are but words brought into the world to make men see double and mistake their lawful Soveraign G. L. As Government the thing signified by the word is a real act so spiritual and temporal Government are two not words but things really different For there is a temporal Government which is not spiritual and spiritual which is not temporal And though he will not give us leave yet we will take it to distinguish between Church and State temporal and spiritual man and Christian For he knows and that certainly there be men who yet are no Christians States which are not Churches and temporal things which are not spiritual And those things which not only may be but actually are separated in existence must needs be really distinct The rule is infallible as its evident And he that will confound these may build a Babel but no orderly society And it s a fault to make that which is double to seem single as well as make that which is single appear to be double CAP. IX Of the third Part. The 40. of the Book Of the rights of the Kingdom of God in Abraham Moses the high Priests and the Kings of Judah HItherto Mr. Hobbs hath abused his Reader in the explication of certain words and terms used in Scripture and hath bewrayed his gross ignorance and abominable errours And as though he had laid a sure foundation whereon to ground his following discourse or at least made way for it he proceeds to prove out of the said holy writings of the Old Testament the absolute power of Christian Soveraigns and States both in matters of Religion and Civil Government And this is so done that there is little fear least any intelligent Reader should he deceived or perswaded by him because there is so great a distance between his premises and the conclusion that no wit of man is able to see the connexion or the illative force of them For he argues That because Abraham in his family Moses in Israel the high Priests after Moses in the times of Judges and the Kings from Saul to the captivity had the supreme power Civil and Ecclesiastical therefore all Christian Governors supreme have the same For this is the substance of this Chapter Yet 1. Abraham was but the Master of a family Moses a Mediator between Israel and God retaining the supreme power both temporal and spiritual in his own hands not only in his time but in the raign of Judges and the Kings The high Priests did only ask counsel of God by the Vrim and Thummim and declared it to the Rulers The Kings had no power Legislative at all but only executive according to the Laws of God they had no right unto the Sacerdotal power For Vzziah usurping that of offering Incense was smitten with leprosie Therefore his Assumption is notoriously false 2. Abraham Moses and some of the Kings were extraordinary Prophets and immediately inspired Such are not Christian Soveraigns Neither can they from God in difficult and perplexed cases receive counsel of God by Vrim and Thummim 3. Suppose all these had been invested with supreme power Civil and Ecclesiastical as they were not yet it doth not follow that therefore Christian Soveraigns are so His consequence therefore is no consequence but false 4. Here it s to be observed That no example can be drawn from the Government of Israel either under Moses or Judges or Kings because that Government all along was extraordinary And as no State Christian is bound to follow it so no State can parallel it And its in vain for Divines or any other writers to argue from that particular form of politie to any other in the world Some general Rules and practises therein may be made use of for the reproof or reformation of Government in other States His innovations and particular false glosses upon several texts are not worthy confutation CAP. X. Of the third part the 41 of his Book Of the office of our blessed Saviour THey who desire to obtain eternal salvation by Christ Jesus must know both who he is and what he hath both suffered and done for them Jesus Christ as Saviour and Redeemer for person is the eternal Son of God for Natures he is God and Man yet so that these two Natures remain distinct one from the other yet personally united For Office he is Prophet Priest and King and such he is made as man by Commission from his Heavenly Father He was Initiated at his Baptism after which time he began to exercise his three-fold power And 1. Of a Prophet to manifest that he was their Saviour and to perswade men to believe in him 2. He performed some acts of a King in making Laws and Officers 3. He acted as a Priest at his death by offering up himself that great sacrifice first by inffering and dying on earth secondly by entring the Holy place of Heaven and presenting himself as slain and so obtained eternal Redemption After his consecration finished upon the Resurrection he was made a compleat Priest for ever after the Order of Melchizedeck Upon his Resurrection he was more selemnly setled in his Throne as universal and eternal King And then in a more glorious manner began to act 1. As Prophet to teach not onely Jews but Gentiles and that not onely by his word but by his Spirit powred down from Heaven upon all flesh 2. As a Priest interceding by vertue of his blood 3. Of a King in all the acts of government in his Universal Kingdom By his sacrifice offered on earth and presented in Heaven he satisfied Gods justice offended by the
that an absolute sentence on earth is made valid from heaven And this Jurisdiction exercised according to the Laws of Christ hath alwaies a real effect upon the party judged and that without any co-ercive power civil at all And the effect was comfortable or terrible both unto Believers and Apostates too according as they should be truly impenitent or penitent This power is alwaies in the Church and to be exercised by such as are trusted with that power and fit for such a work And this is the plain truth though the world be on a flame and so many Christians in a cumbustion because of their different opinions concerning the subject of this power But concerning this point I have spoken more at large in another Treatise He goes on to teach us the causes of Excomunication and denies heresie to be any cause though scandal by his own confession be yet heresie is the greatest scandal And here he abuseth that place of Titus 3.10 where it s written A man that is an Heretick after the first and second admonition reject where he plainly contradicts the Apostles words As though he had said Reject the heresie not the person whereas the Apostle commands the rejection of the person the Heretick and not only the heresie That some make Articles of Faith which God never made such cannot be excused After this he determines the persons who are liable to excommunication yet so as that he might have been instructed better then he hath instructed us by those who deserve to be his Masters He exempts one Church from the jurisdiction of another so that the one cannot excommunicate the other Yet he doth not inform us what the extent of a Church-Independent is and so leaves the question undecided He also exempts all Soveraign Princes and Assemblies from excommunication yet so as that he most grosly mistakes the nature and effect of excommunication Yet here he staies not but a subject obeying his Soveraigns command is not liable to this sentence neither can it be in this cause and case of any effect if we may believe him This in terminis is false except he mean obedience in licitis The rest of his discourse concerning this particular is frivolous The of the Chapter is taken up and spent in the determination of two points The 1. is making of Scripture Canon and Law The 2. the power of the Pope The power of making Scripture-Canon is given by him unto the Soveraign civil being Christian Yet whether he be Christian or no he hath power to bind his subjects to acknowledge it subpoena temporali But the Scripture is Canonical in it self without any such Law at all As for the controversie concerning the Popes power he undertakes Bellarmine who had often been answered in a far better manner and more effectually by many before him And the truth is both he and the Cardinal run in extreams the one on one side and the other on the other side of the way of truth For that power which the one arrogates to the Pope the other gives to Christian civil powers but both unjustly For Ecclesiastical power is due in some measure unto the Pope but not unto the civil Soveraign The Pope is a Presbyter and a Bishop and some power was due unto him by divine Law But by that which humane Constitutions gave him and by his own usurpation he had ingrossed he was advanced very high To be a Patriarch would not serve his turn but he must be Christs universal Vicar and in the end by that means at length he hooked in the temporal power of the sword But to leave them both in their errours wherein they have entangled themselves before I conclude this Chapter I will say something of Church-officers and the Church-revenue The Church-officers may be conâ—dered either according to their Constitution or Imployment According to the first they were extraordinary or ordinary Extraordinary were such as had their power and gifts more immediately from Christ as Apostles Prophets Evangelists And here by the way we may take notice of two errours and mistakes of the Author 1. In that he affirms Matthias to be made an Apostle by the Assembly of an hundred and twenty Brethren assembled together Whereas from the text its apparent that they did only single out by suffrage two persons whom they conceived so qualified that one of them might if God pleased be made an Apostle for to succeed Judas and refer the case to God by prayer and lot that he might determine whether of the two should be an Apostle to make up the number of twelve Upon the reference God did chuse Matthias and so that he made him an Apostle and refused the other To make an extraordinary Officer was above the power of the Apostles and the Church therefore they did not take it upon them 2. The second errour is That Paul and Barnabas were made Apostles by the Church of Antioch Acts 13.2 3. yet Barnabas in strict sense was no Apostle and Paul was an Apostle before he came to Antioch He was a servant of Jesus Christ called to be an Apostle separated to the Gospel of God Rom. 1.1 His calling to be an Apostle was not of men nor by man Gal. 1.1 His separation was twofold 1. From God who separated him from his Mothers womb Gal. 1.15 2. From man as by the prayers and fasting of the Church of Antioch Yet Mr. Hobbs is not afraid to contradict the Scriptures Ordinary officers of the Church who succeeded the extraordinary were Pastors and Teachers Eph. 4.11 Both the ordinary and extraordinary in respect of their employment were either such as were designed for feeding of the soul by Prayer Word Sacraments and were to perform the acts of doctrine worship discipline or for feeding of the body and outward relief and such were Deacons After that the number of Christians were increased and devided into Congregations the Pastors and Teachers were set over their several Congregations and Flocks assigned unto them and these were called Elders Now the Question is who in a Christian Common-wealth have power to make constitute ordain these ordinary Officers The Common-wealth saith he the Church say others He confesseth that the Church did exercise this power till civil Soveraigns became Christian and then both the power and exercise thereof ceased to be in the Church if we may believe him but his credit is not much and with me his Authority is none To determine this question we must observe that its one thing to be a Pastor Minister or Presbyter another thing to be the Pastor of a certain congregation and another to have a right to some temporal revenue or dignity annexed A Minister was constituted in all well-ordered Churches to this day by the Church The Church and such as the Church doth trust doth chuse him try him approve him and ordains him And by the nomination approbation ordination of the Church according to the will of Christ all Presbyters
are made publick officers of the Church and separated to their function of publick preaching praying administration of the Sacraments Neither is there any place in all the New Testament where it can be proved that either Christ or his Apostles who had this power did ever derive it to the State or Civil Soveraign whether Christian or no Christian That every civil Soveraign hath power to preach baptize ordain and perform all Ministerial acts and that as a publick Officer is an impudent assertion and contrary to the Book of God is evident from that reason given by him why they use not to do these things which is because the business of the Common-wealth takes up their whole time Yet he that will be a Minister must watch over his flock be as souldiers who going to war must not entangle themselves with the affairs of this life 2 Timothy 2.4 As he must have sufficient knowledge in those things which belong unto his calling and integrity of life so he must engage himself to Christ and his Church to lay aside all other employments to feed Christs flock and this must take up his whole time To entangle himself with other business and so neglect his charge is to be unfaithful and in effect renounce his calling From this false principle it is that so many who have a little more knowledge in Scripture then ordinary Christians of the lowest form a bold face and voluble tongue take upon them to preach and presume to perform other Ministerial duties although they be souldiers or civil Magistrates or Tradesmen or all together These will be Elders and Ministers although they entangle themselves with the affairs of this life as though the Holy-Ghost had made them Over-seers to feed his Church purchased by his blood But wo unto them when they shall appear before the tribunal of Christ to give their last account But consider a Minister as he hath a temporal right unto some temporal revenue dignity jurisdiction the Church hath nothing to do with him The Church looks after his spiritual qualification and capacity After that Emperours and civil powers endowed the Church with a certain revenue and annexed unto Bishopricks civil jurisdictions and temporal dignities there was some reason why the presentation and investiture should belong unto them but there was no such thing from the beginning The maintenance of the Ministers of the Gospel is determined by this Author to be benevolence yet at length convinced by the arguments of the Apostle 1 Cor. 9. He confesseth that it was such a benevolence as was due and that the Flock was bound to maintain their Pastor By which confession he hath answered his own allegation Freely give because you have freely received Mat 10.8 which place is abused by him as it is by the enemies of the Church at this day For as by him so by them it s understood and applyed as though our Saviours meaning had been That because they gave nothing for their gifts and authority so they must neither demand nor receive any thing for the use of them And by this means they make our Saviour to contradict himself for afterwards he saith That the workman and such is every Minister is worthy of his meat ver 10. of his hire Luk. 10.7 From whence Paul informs us That Christ ordained that they which preach the Gospel should live of the Gospel 1 Cor. 9.14 And therefore according unto this Ordinance of Christ he commands That he who is taught in the Word communicate to him who teacheth in all good things Gal. 6.6 From all which its very evident that maintenance is due to Ministers and that by a Law and the same divine and far more obliging then any civilact in the world And if Christian people had a propriety in their goods as of this there can be no doubt this might easily make this maintenance competent comfortable and certain and that without any Law of the civil power and they were bound so to do When Christian Princes endowed the Church with titles they did but their duty and they conceived that no better way of provision could be devised by the wit of man Neither can any Antidecimarian to this day inform us of a better Yet if we be once Ministers we are bound to preach the Gospel though we beg our bread But woe unto them who shall deny it or take it out of our mouths CAP. XII Of the third Part. And the 43. of the Book Of what is necessary for a mans reception into the Kingdom of heaven IT is evident from our Saviours commission unto his Apostles Mat. 28.19 20. That profession of faith and promise of obedience to him gave any person right unto Baptism by which we are solemnly admitted into the Church which is Gods spiritual Kingdom And faith with obedience and obedience from faith makes us capable of eternal life And because we can neither believe nor obey sincerely without regeneration from heaven therefore our Saviour saith That except a man be born again he cannot see the Kingdom of God John 3.3 If Mr. Hobbs had said no more but that faith and obedience are necessary for reception into Gods Kingdom he had done well but he returns unto his vomit and resumes some of his former errors formerly confuted I wish him more knowledge and more modesty FINIS
because God hath said it That the place is not this earth we have some reason to think because our Saviour ascended into heaven and whilest he was on earth made intercession for us saying Father I will that they also whom thou hast given me be with me where I am John 17.14 And to comfort the hearts of his Disciples sad and troubled because he said he must leave them he useth these words In my Fathers house are many mansions if it were not so I would have told you I go to prepare a place for you And if I go and prepare a place for you I will come again and receive you to my self that where I am there ye may be also John 14.23 If eternal life shall be enjoyed on earth why need Christ ascend to heaven there to prepare a place for us and when he shall return from thence why will he not stay here and leave us on the earth and never trouble himself with any translation of us into any other place where he shall ever abide and we be ever with him Hell in Scripture and as we understand God in that Book to teach us is an estate directly contrary to eternal life And we believe that it is a most miserable condition of such as shall suffer eternal punishments and that in some certain place and our chiefest imployment in this life is to use all means whereby we may be freed from that condition and enjoy the contrary Concerning the particular ubi and distinct place we do not as we need not much trouble our selves To prove that both eternal rewards are to be enjoyed and eternal torments to be suffered perpetually on earth he doth most wofully wrest and abuse several places of Gods Book and with so little solidity of judgement that children may answer him And because this eternal life is prepared by God for such as are by reason of their sin in danger of hell and eternal death therefore in Scripture it s sometime called salvation and also redemption which is a freedom and deliverance from all the evil consequents and effects of sin one and the principal whereof is to be deprived of eternal bliss which consists in full communion with our God Yet the consummation of both these conditions is reserved by God for the world to come which will follow the universal resurrection The times of the Gospel in respect of the Law may be called the world to come and so some understand the words of the Apostle to the Hebrews 2.5 where we read that God hath not unto Angels subjected the world to come c. This is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Sometimes it s taken for the time following the resurrection and final judgement as Mark 10.39 Luke 18.30 This is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Redemption is taken in another sense for the expiation of sin upon satisfaction made by Christ unto his heavenly Father as supreme Judge who accepted his death as a sufficient penalty to avert his wrath and procure his mercy for all such as should believe on him In this Chapter he hath imposed upon many places of Scripture a sense never intended and this may be evident to any that can and will examine the places according to the originals and the context And he drives at this to deprive Christ of his regal power which at the right hand of God he now doth exercise and to invest civil powers with it till such time as he hath brought Christ from heaven that he may here on earth begin his personal raign Sr. Thomas Mores Vtopia is somewhat rational this discourse is void of reason and so much the more unsufferable as the matter is so sublime and this sacred Book of God so much profaned by him CAP. VIII Of the third Part And the 39. of the Book Of the significations of the word Church in Scripture IN the former Chapter he turned heaven and hell into the earth and in this he hath transformed the Church which is a spiritual politie into a civil State and that will easily appear from his definition of this excellent and divine Society T. H. A Church is a company of men professing Christian Religion united in the person of one Soveraign at whose command they ought to assemble and without whose authority they ought not to assemble G. L. Many are the significations of the word Ecclesia in the Scriptures of the New Testament as it is applyed to Christians which he hath in part yet not fully observed Yet amongst them all from the beginning to the end of the New Testament its never found to be taken in this sense for as he hath not so he cannot alledge one place where it so signifies This definition is such as never any gave before you can read it in no Author neither can you prove it out of Scripture Only the first words seem to have something of a description but it s no perfect explication of the quiddity and nature of the Church Christian For that is a society or community of persons who believe in Jesus Christ and subject themselves unto him as their Lord and King A bare profession will not make a man a subject of this spiritual Kingdom A sincere profession of that faith which is seated and rooted in the heart comes up higher and is more fit to express the being of a Member of this Church This Church as Catholick or Universal subject unto Christ is like a similar body and therefore the parts may bear the name of the whole as the Church of Corinth the Church of Ephesus and the Church in such an house Some part of this Church is under a form of discipline to be exercised in foro exteriori as the School-men and Casuists use to speak some parts are not so happy For this is not of the Essence of a Church It s not of the being though it tends to the well-being of the same Some of these are subject unto a civil Soveraign who is a Christian some are not For as a Christian State may have Heathen or Mahumetan subjects so Christians may be under the civil power of an Heathen or Mahumetan Prince Both these therefore to be under a form of discipline and subject to a Christian civil power are but accidental and these accidents are separable and often actually separated and therefore I know no reason why they should be part of a perfect desiâ—â—tion or so much as mentioned in it This may be sufficient for to discover the vanity of the man and the absurdity of the definition Yet notwithstanding his definition be faulty I for my part do grant that Jus religionis ordinandae doth belong to all Civil Governors and powers But with limitation 1. That no Soveraign hath power to order maintain and promote any Religion but that which is instituted from heaven 2. That they must not intermeddle with it for to order it further then its ordinable by the sword which cannot reach Religion and