takes its current so subjects if they might doe nothing without the commands of the Law would grow dull and unwildly if all they would be disperst and the more is left undetermined by the Lawes the more liberty they enjoy Both extremes are faulty for Lawes were not invented to take away but to direct mens actions even as nature ordained the banks not to stay but to guide the course of the streame The measure of this liberty is to be taken from the subjects and the Cities good wherefore in the first place it is against the charge of those who command and have the authority of making lawes that there should be more lawes then necessarily serve for good of the Magistrate and his Subjects for since men are wont commonly to debate what to do or not to do by naturall reason rather then any knowledge of the Lawes where there are more Lawes then can easily be remembred and whereby such things are forbidden as reason of it selfe prohibites not of necessity they must through ignorance without the least evill iâ—tention fall within the compasse of Lawes as gins laid to entrap their harmelesse liberty which supreme Commanders are bound to preserve for their subjects by the Lawes of nature XVI It is a great part of that liberty which is harmlesse to civill government and necessary for each subject to live happily that there be no penalties dreaded but what they may both foresee and look for and this is done where there are either no punishments at all defined by the Lawes or greater not required then are defined where there are none defined there he that hath first broken the Law expects an in definite or arbitrary punishment and his feare is supposed boundlesse because it relates to an unbounded evill now the Law of nature commands them who are nâ—t subject to any civill Lawes by what we have said in the third Chapter Artic. 11. and therefore supreme Commanders that in taking revenge and punishing they must not so much regard the past evill as the future good and they sin if they entertain any other measure in arbitrary punishment then the publique benefit but where the punishment is defined either by a Law prescribed as when it is set down in plain words that he thâ—t shall doe thus or thus shall suffer so and so or by practice as when the penalty not by any Law prescribed but arbitrary from the beginning is afterward determined by the punishment of the first delinquent for naturall equity commands that equall transgressors be equally punished there to impose a greater penalty then is defined by the Law is against the Law of nature For the end of punishment is not to compell the will of man but to fashion it make it such as he would have it who hath set the penalty And deliberation is nothing else but a weiging as it were in scales the conveniencies and inconveniencies of the fact we are attempting where that which is more weighty doth necessarily according to its inclination prevaile with us If therefore the Legislator doth set a lesse penalty on a crime then will make our feare more considerable with us then our lust that excesse of lust above the feare of punishment whereby sinne is committed is to be attributed to the Legislator that is to say to the supreme and therefore if he inflict a greater punishment then himselfe hath determined in his Lawes he punisheth that in another which he sinned himselfe XVII It pertaines therefore to the harmlesse and necessary liberty of subjects that every man may without feare enjoy the rights which are allowed him by the Lawes for it is in vain to have our own distinguisht by the Lawes from anothers if by wrong judgement robbery theft they may bee again confounded but it falls out so that these doe happen where Judges are corrupted for the fear whereby men are deterred from doing evill ariseth not from hence namely because penalties are set but because they are executed for we esteeme the future by what is past seldome expecting what seldome happens If therefore Judges corrupted either by Gifts Favour or even by pitty it self do often forbear the execution of the Penalties due by the Law and by that meanes put wicked men in hope to passe unpunisht honest Subjects encompast with murtherers theeves and knaves will not have the liberty to converse freely with each other nor scarce to stirre abroad without hazard nay the City it self is dissolved and every mans right of protecting himself at his own will returnes to him The Law of Nature therefore gives this precept to Supreme Commanders that they not onely doe righteousnesse themselves but that they also by penalties cause the Judges by them appointed to doe the same that is to say that they hearken to the complaints of their Subjects and as oft as need requires make choice of some extraordinary Judges who may hear the matter debated concerning the ordinary ones CHAP. XIV Of Lawes and Trespasses I. How Law differs from Counsell II. How from Covenant III. How from Right IV. Division of Lawes into Divine and Humane the Divine into Naturall and Positive and the Naturall into the Lawes of single-men and of Nations V. The Division of humane that is to say of Civil Lawes into Sacred and Secular VI. Into Distributive and Vindicative VII That Distributive and Vindicative are not species but parts of the Lawes VIII All Law is supposed to have a penalty annexâ— to it IX The precepts of the Decalogue of honouring Parents of murther adultery theft falsewitnesse are Civill Lawes X. It s impossible to command ought by the Civil Law contrary to the Law of Nature XI It s essential to a Law both that it self and also the Lawgiver be known XII Whence the Law-giver comes to be known XIII Publishing and Interpretation are necessary to the knowledge of a Law XIV The Division of the Civill Law into written and unwritten XV. The Naturall Lawes are not written Lawes neither are the wiâ—e Sentences of Lawyers nor Custome Lawes of themselves but by the consent of the Supreme Power XVI What the word Sinne most largely taken signisies XVII The definition of Sin XVIII The difference between a Sin of Infirmity and Malice XIX Vnder what kind of sinne Atheisme is contained XX. What Treason is XXI That by Treason not the Civill but the Naturall Lawes are broken XXII And that therefore it is to be punisht not by the right of Dominion but by the right of War XXIII That obedience is not rightly distinguisht into active and passive I. THey who lesse seriously consider the force of words doe sometimes confound Law with Counsell sometimes with Covenant sometimes with Right They confound Law with Counsel who think that it is the duty of Monarchs not onely to give ear to their Counsellours but also to obey them as though it were in vaine to take Counsell unlesse it were also followed We must fetch the
enemy to be sometimes somewhat sharper then that of an unjust man Lastly I affirme that they may under that notion be justly punishe both by God and supreme Magistrates and therefore by no meanes excuse or extenuate this sinne Now that I have said that it might be known by naturall reason that there is a God is so to be understood not as if I had meant that all men might know this except they think that because Archimedes by naturall reason found out what proportion the circle hath to the square it followes thence that every one of the vulgar could have found out as much I say therefore that although it may be knowne to some by the light of reason that there is a God yet men that are continually engaged in pleasures or seâ—king of riches and honour also men that are not wont to reason aright or cannot do it or â—are not to doe it lastly fools in which number are Atheists cannot know this XX. Seeing that from the vertue of the Covenant whereby each Subject is tyed to the other to perform absolute and universall obedience such as is defined above Chap. 6. art 13. to the City that is to say to the Soveraign power whether that be one man or Councel there is an obligation derived to observe each one of the civill Lawes so that that Covenant contains in it self all the Laws at once it is manifest that the subject who shall renounce the generall Covenant of obedience doth at once renounce all the Lawes which trespasse is so much worse then any other one sinne by how much to sinne alwayes is worse then to sinne once And this is that sin which is called TREASON and it is a word or deed whereby the Citizen or Subject declares that he will no longer obey that man or Court to whom the supreme power of the City is entrusted and the Subject declares this same will of his by deed when he either doth or endeavours to do violence to the Soveraigns Person or to them who execute his commands of which sort are Traytors Regicides and such as take up armes against the City or during a warre flye to the enemies side and they shew the same will in word who flatly deny that themselves or other subjects are tyed to any such kind of obedience either in the whole as he who should say that wee must not obey him keeping the obedience which we owe to God intire simply absolutely and universally or in part as he who should say that he had no Right to wage warre at his own will to make Peace list souldiers levie monies electing Magistrates and publique Ministers enacting Lawes deciding controversies setting penalties or doing ought else without which the State cannot stand and these and the like words and deeds are Treason by the naturall not the civill Law But it may so happen that some action which before the civill Law was made was not Treason yet will become such if it be done afterwards As if it be declared by the Law that it shall be accounted for a sign of renouncing publique obedience that is to say for Treason if any man shall coyn monies or forge the Priviâ— Seale he that after that Declaration shall doe this will be no lesse guilty of Treason then the other yet he sinnes lesse because he breakes not all the Laws at once but one Law only for the Law by calling that Treason which by nature is not so doth indeed by Right set a more odious name and perhaps a more grievous punishment on the guilty persons but it makes not the sinne it selfe more grievous XXI But that sinne which by the Law of nature is Treason is a Transgression of the naturall not the civill Law for since our obligation to civill obedience by vertue whereof the civill Lawes are valid is before all civill Law and the sin of Treason is naturally nothing else but the breach of that obligation it followes that by the sin of Treason that Law is broken which preceded the civill Law to wit the naturall which forbids us to violate Covenants and betrothed â—aith But if some Soveraign Prince should set sorth a Law on this manner Thou shalt not rebell he would effect just nothing For except Subjects were before obliged to obedience that is to say not to rebell all Law is of no force now the obligation which obligetto what we were before obliged to is superfluous XXII Hence it followes that Rebels Traytors and all others convicted of Treason are punisht not by civill but naturall Right that is to say not as civill Subjects but as Enemies to the Government not by the Right of Soveraignty and Dominion but by the Right of Warre XXIII There are some who think that those acts which are done against the Law when the punishment is determined by the Law it selfe are expâ—ated if the punished willingly undergoe the punishment and that they are not guilty before God of breaking the naturall Law although by breaking the civill Lawes we break the naturall too which command us to keep the civill who have suffered the punishment which the Law required as if by the Law the fact were not prohibited but a punishment were set instead of a price whereby a licence might be bought of doing what the Law forbids by the same reason they might inferre too that no transgression of the Law were a sin but that every man might enjoy the liberty which he hath bought by his own perill But we must know that the words of the Law may be understood in a twofold sense the one as containing two parts as hath been declared above in the seventh Art namely that of absolutely prohibiting as Thou shalt not doe this and revenging as he that doth this shall be punisht The other as containing a condition for example Thou shalt not doe this thing unlesse thou wilt suffer punishment and thus the Law forbids not simply but conditionally If it be understood in the first sense he that doth it sins because he doth what the Law forbids to be done if in the second he sins not because he cannot be said to doe what is forbidden him that performs the condition For in the first sense all men are forbidden to doe it in the second they only who keep themselves from the punishment In the first sense the vindicative part of the Law obligeth not the guilty but the Magistrate to require punishment in the second he himselfe that owes the punishment is obliged to exact it to the payment whereof if it be capitall or otherwise grievous he cannot be obliged But in what sense the Law is to be taken depends on the will of him who hath the Soveraignty When there is therefore any doubt of the meaning of the Law since we are sure they sinne not who doe it not it will be sin if we doe it howsoever the Law may afterward be explained for so to doe that which a man doubts
whether it be a sin or not when he hath freedome to forbear it is a contempt of the Lawes and therefore by the 28. Art of the third Chapter a sin against the Law of nature Vain therefore is that same distinction of obedience into Active and Passive as if that could be expiated by penalties constituted by humane decrees which is a sinne against the Law of nature which is the Law of God or as â—…though they sinned not who sinne at their own perill Integer vitae sceâ—erisque purâ—s Non eget Mauri jaculis nec areâ— Nec venenatis gravida sagittis Fusce pharetra Sive per Syrtes iter aestuosas Sive facturus per inhospitalâ—… Caucasum vel quae loca fabulosus Lambit Hidaspis RELIGION CHAP. XV. Of the Kingdome of God by Nature I. The Proposition of the following contents II. Over whom God is said to rule by nature III. The word of God three-fold Reason Revelation Prophesie IV. The Kingdome of God two-fold Naturall and Prophetique V. The Right whereby God reigns is seated in his omnipotence VI. The same proved from Scripture VII The obligation of yeelding obedience to God proceeds from humane infirmity VIII The Lawes of God in his naturall Kingdome are those which are recited above in the 2. and 3. Chapter IX What Honour and Worship is X. Worship consists either in attributes or in actions XI And there is one sort naturall another arbitrary XII One commanded another voluntary XIII What the end or scope of worship is XIV What the naturall Laws are concerning Gods attributes XV. What the actions are whereby naturally wee doe give worship XVI In Gods naturall Kingdome the City may appoint what worship of God it pleaseth XVII God ruling by nature only the City that is to say that man or Court who under God hath the soveraign authority of the Cioy is the Interpreter of all the Lawes XVIII Certaine doubts removed XIX What Sin is in the naturall Kingdom of God and what Treason against the divine Majesty I. WEE have already in the foregoing Chapters proved both by reason and testimonies of holy Writ that the estate of nature that is to say of absolute liberty such as is theirs who neither govern nor are governed is an Anarchy or hostile state that the precepts whereby to avoyd this state are the Lawes of nature that there can be no civill government without a Soveraigne and that they who have gotten this Soveraigne command must be obey'd simply that is to say in all things which repugne not the Commandments of God There is this one thing only wanting to the complete undestanding of all civill duty that is to know which are the Laws and Commandments of God for else we cannot tell whether that which the civill power commands us be against the Lawes of God or not whence it must necessarily happen that either by too much obedience to the civill authority we become stubborne against the divine Majesty or for feare of sinning against God we runne into disobeditnce against the civill power To avoid both these rocks its necessary to know the Divine Lawes now because the knowledge of the Lawes depends on the knowledge of the Kingdome we must in what followes speak somewhat concerning the Kingdome of God II. The Lord is King the earth may be glad thereof saith the Psalmist Psal 97. v. 1. And againe the same Psalmist Psal 99. v. 1. The Lord is King be the People never so unpatient he sâ—teth betweene the Cherubins â—e the Earth never so unquiet to wit whether men will or not God is THE King over all the Earth nor is he mov'd from his Throne if there be any who deny either his existence or his providence Now although God governe all men so by his power that none can doe any thing which he would not have done yet this to speake properly and accurately is not to reigne for he is sayed to reigne who rules not by acting but speaking that is to say by precepts and threatnings And therefore we account not inanimate nor irrationall bodies for Subjects in the Kingdome of God although they be subordinate to the Divine power because they understand not the commands and threats of God nor yet the Atheists because they beleeve not that there is a God nor yet those who beleeving there is a God doe not yet beleeeve that he rules these Inferiour things for even these although they be govern'd by the power of God yet doe they not acknowledge any of his Commands nor stand in awe of his threats Those onely therefore are suppos'd to belong to Gods Kingdome who acknowledge him to be the Governour of all things and that he hath given his Commands to men and appointed punishments for the transgressours The rest we must not call Subjects but Enemies of God III. But none are said to governe by commands but they who openly declare them to those who are govern'd by them for the Commands of the Rulers are the Lawes of the Rul'd but lawes they are not if not perspicuously publisht in so much as all excuse of Ignorance may be taken away Men indeed publish their Lawes by word or voice neither can they make their will universally knowne any other way But Gods lawes are declar'd after a threefold manner first by the tacit dictates of Right reason next by immediate revelation which is suppos'd to be done either by a supernaturall voice or by a vision or drcame or divine inspiration Thirdly by the voice of one man whom God recommends to the rest as worthy of beliefe by the working of â—rue miracles Now he whole voice God thus makes use of to signifie his will unto others is called a PROPHET These three manners may be term'd the threefold word of God to wit the Rationall word the sensible word and the word of Prophecy To which answer the three nanners whereby we are said to heare God Right reasoning sense and faith Gods sensible word hath come but to few neither hath God spoken to men by Revelation except particularly to some and to diverse diversely neither have any Lawes of his Kingdome beene publisht on this manner unto any people IV. And according to the difference which is between the Rationall word and the word of Prophecy we attribute a two-fold Kingdome unto God Naturall in which he reignes by the dictates of right reason and which is universall over all who acknowledge the Divine power by reason of that rationall nature which is common to all and Propheticall in which he rules also by the word of Prophecy which is peculiar because he hath not given positive Lawes to all men but to his peculiar people and some certaine men elected by him V. God in his naturall Kingdome hath a Right to rule and to punish those who break his Lawes from his sole irresistable power for all Right over others is either from nature or from Contract How the Right of governing
by the Lawes Subjects must have right restored to them against corrupt Judges How Law differs from Counsell How it differs from a Covenant Annotation How it differs from Right The division of lawes into divine and humane and of the divine into naturall and positive and of the naturall into those lawes of single men and those of Nations The division of humane that is to say civill lawes into secular and sacred Into distributive and vindicative Distributive and vindicative are not two Species of the Lawes All Law is supposed to have a Penalty annext to it The Precepts of the Decalogue of honouring Parents of murther adultcry these false witnesse are the civill Lawes It is not possible to command ought by the civill Law contrary to oâ—e Lawes of nature It is essentiall to a Law that both it and the Legislator be knowne Whence the Legislator is knowne Promulgation and interpretation are necessary to the knowledge of a Law The civill Law divided into written and unwritten That the naturall laws are not written laws neither are the sentences of lawyers or custome laws of themselves but by the consent of the supreme power What the word Sin taken in its largest sense signifies The definition of Sin The difference betweene a sinne of infirmitie and malice Under what kind of sin Aâ—hâ—isme is contained Annotation What the sinne of Treason is Treason breaks not the civill but the naturall Law And therefore is punisht not by the Right of Soveraignty but by the Right of Warre Obedience not rightly distinguisht into Active and Passive The Proposition of the following contents Over whom God is said to raign The word of God three fold Reason Revelation Prophesy The Kingdome of God two-fold Naturall and Prophetique The Rigbt whereby God governs is seated in his omn pâ—teâ—â—e The same proved from Scripture The obligation of yeelding obedience unto God proceeds from humane infirmity Annotation The Lawes of God in his naturall Kingdome are those which are above set down in the second and third Chapters What honour and worship are Worship consists either in attributes or in actions And there is one sort naturall and another arbitrary One commanded another voluntary 〈…〉 What the end or aim of worship iâ— What the naturall Lawes are concerning Gods attributes 〈◊〉 What those actions are whereby naturally we do give worship In the naturall kingdom of God the City may appoint what worship it pleaseth God ruling by nature onely the City that is say that man or Court which under God hath the Soveraignty is the Interpreter of all the Lawes Certain doubts removed Annotation What is sin in the naturall Kingdom of God and what Treason against the divine Majesty Superstition possessing forraign Nations God â—nstituted the true Religion by the means of Abraham By thâ— Covenant between God and Adam all dispute is forbidden concerning the commands of superiors The manner of the Covenant between God and Abraham In that Covenant is contained an acknowledgement of God not simply but of him who appeared unto Abraham The Lawes to which Abraham was tyed were no other but those of nature and that of Circumcision Abraham among his own was the Interpreter of the word of God and of all Lawes Abrahams subjects could not sin in obeying him Annotation Gods Covenant with the Hebrewes at Mount Sinai From thence Gods government was called a Kingdom What lawes were by God given to the Jewes What the word of God is and how to be knowne What was held for the written word of God among the Jewes The power of interpreting the word of God and â—he supreme civil power were united in Moyses while he lived They were also united in the High Priest during the life of Joshuah They were also united in the High Priest untill King Sauls time They were united in the Kings untill the Captivity The same were united in the Priests after the Captivity Among the Jewes the deniall of the Divine providence and Idolatry were the onely Treasons against the Divine Majesty in all other things they ought to obey their Princes The Prophesies of Christs dignity The Prophesies of Christs Humility and Passion That Jesus was the Christ That the Kingdom of God by the new Covenant was not the Kingdome of Christ as Christ but as God That the Kingdome of God by the 〈◊〉 Covenant is heavenly and begins from the day of Iudgement The government of Christ in this world was not a Soveraignty but Counsell or a government by way of doctrine and perswasion What the Promises of the new Covenant are on both parts There are no Lawes added by Christ beside the institution of the Sacraments That these and the like forms Repent be baptized keep the Commandements are not Lawes It belongs to the civill authority to define what the sinne of injustice is It belongs to civill authority to define what conduces to the Peace and safety of the City It belongs to the civill authority to judge when need requires what definitions and what inferences are true It belongs to the Office of Christ to teach morality not as a speculation but as a Law to forgive sins and to teach all things whereof there is no science properly so call'd A distinction of things temporall from spirituall The word of God many wayes taken All things contained in Scripture belong not to the Canon of christian faith The word of a lawfull Interpreter of Scriptures is the word of God The authority of interpreting Scriptures is the same with that of determining controversies of faith Divers significations of a Church What a Church is to whom we attribute Rights actions and the like appellations proper to a Person A Christâ—… City is the same with a Christian Church Many Cities doâ— not constitute one church Who are Clergy-men The Election of Church-men belongs to the Church their consecration to the Pastors The power of remitting sinnes to the penitent and retaining those of the impenitent belongs to the Pastors but judgement of the repentance to the Church What excommunication is and on whom it cannot passe The interpretation of Scripture depends on the authority of the Ciâ—y A christian city must interpret Scriptures by clergy-men The difficulty propounded concerning the repugnaney of obeying God and men is to be remov'd by the distinction betweene the points necessary and not necessary to Salvation All things necessary to Salvation are contain'd in Faith and Obedience What kind of Obedience that is which is requir'd of us What Faith is and how distinguisht from profession from science and from opinion What it is to beleeve in Christ That that article alone that Iesus is the Christ is necessary to Salvation is prov'd out of the scope of the Evangelists Annotation By the Apostles Sermons By the easinesse of christian Religion By this that it is the foundation of Faith By the plaiâ— words of Christ and his Apostles In this Article is contained the Faith of the old Testament How Faith and Obedience doe conâ—ur to Salvation In a Christian City there is no contrariety be weene the Command of God and of the City The Doctrines which this day are controverted about Religion doe for the most part belong to the Right of Dominion
Philosophicall Rudiments concerning GOVERMENT and Civill SOCIETY 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 By Thomas Hobbes of Malmesbury Ro Vaughan sculp Philosophicall Rudiments CONCERNING Government and Society OR A DISSERTATION Concerning MAN in his severall habitudes and respects as the Member of a Society first Secular and then Sacred Containing The Elements of Civill Politie in the Agreement which it hath both with Naturall and Divine Lawes In which is demonstrated Both what the Origine of Justice is and wherein the Essence of Christian Religion doth consist Together with The Nature Limits and Qualifications both of Regiment and Subjection By THO HOBBES LONDON Printed by J. G. for R. ROYSTON at the Angel in Ivie-lane 1651. TO THE Right Honourable WILLIAM Earle of Devonshire My most honoured Lord. May it please your Lordship IT was the speech of the Roman people to whom the name of King had been render'd odious as well by the tyrannie of the Tarquins as by the Genius and Decretals of that City 'T was the speech I say of the Publick however pronounced from a private mouth if yet Cato the Censor were no more then such That all Kings are to be reckon'd amongst ravenous Feasts But what a Beast of Prey was the Roman people whilst with its conquering Eagles it erected its proud Tropheeâ— so far and wide over the world bringing the Africans the Asiaticks the Macedomans and the Achaeans with many other despoyled Nations into a specious bondage with the pretence of preferring them to be Deâ—…zons of Rome So that if Cato's saying were a wise one 't was every whit as wise that of Pontiue Telesinus who flying about with open mouth through all the Companies of his Army in that famous encounter which he had with Sylla cryed out That Rome her selfe as well as Sylla was to be raz'd for that there would alwayes be Wolves and Depraedatours of their Liberty unlesse the Forrest that lodg'd them were grubb'd up by the roots To speak impartially both sayings are very true That Man to Man is a kind of God and that Man to Man is an arrant Wolfe The first is true if we compare Citizens amongst themselves and the second if we compare Cities In the one there 's some analogie of similitude with the Deity to wit Justice and Charity the twin-sisters of peace But in the other Good men must defend themselves by taking to them for a Sanctuary the two daughters of War Deceipt and Violence that is in plaine termes a meer brutall Rapacity which aâ—…ongâ— men object to one another as a reproach by an inbred custome which they have of beholding their own actions in the persons of other men wherein as in a Mirroir all things on the left side appeare to be on the right all things on the right side to be as plainly on the left yet the naturall right of Preservation which we all receive from the uncontroulable Dictates of Necessity will not admit it to be a Vice though it confesse it to be an Unhappinesse Now that with Cato himselfe a Person of so great a renowne for wisdome Animosity should so prevaile instead of Judgement and Partiality instead of Reason that the very same thing which he thought equall in his Popular State he should censure as unjust in a Monarchical other men perhaps may have leisure to admire But I have been long since of this opinion That there was never yet any more-then-vulgar-prudence that had the luck of being acceptable to the Giddy People but either it hath not been understood or else having been so hath been levell'd and cryed downe The more eminent Actions and Apothegms both of the Greeks and Romans have been indebted for their Eulogies not so much to the Reason as to the Greatnesse of them and very many times to that prosperous usurpation with which our Histories doe so mutually upbraid each other which as a conquering Torrent carryes all before it as well publick Agents as publick Actions in the streame of Time Wisdome properly so call'd is nothing else but this The perfect knowledge of the Truth in all matters whatsoever Which being derived from the Registers and Records of Things and that as 't were through the Conduit of certain definite Appellations cannot possibly be the work of a suddaine Acutenesse but of a well-ballanc'd Reason which by the Compendium of a word we call Philosophy For by this it is that a way is open'd to us in which we travell from the contemplation of particular things to the Inference or result of universall Actions Now look how many sorts of things there are which properly fall within the cognizance of humane reason into so many branches does the tree of Philosophy divide it selfe And from the diversity of the matter about which they are conversant there hath been given to those branches a diversity of Names too For treating of Figures t is call'd Geometry of motion Physick of naturall right Moralls put all together and they make up Philosophy Just as the British the Atlantick and the Indian Seas being diversly christen'd from the diversity of their shoares doe notwithstanding all together make up The Ocean And truly the Geometricians have very admirably perform'd their part For whatsoever assistance doth accrew to the life of man whether from the observation of the Heavens or from the description of the Earth from the notation of Times or from the remotest Experiments of Navigation Finally whatsoever things they are in which this present Age doth differ from the rude simplenesse of Antiquity we must acknowledge to be a debt which we owe meerly to Geometry If the Morall Philosophers had as happily discharg'd their duty I know not what could have been added by humane Industry to the completion of that happinesse which is consistent with humane life For were the nature of humane Actions as distinctly knowne as the nature of Quantity in Geometricall Figures the strength of Avarice and Ambition which is sustained by the erroneous opinions of the Vulgar as touching the nature of Right and Wrong would presently faint and languish And Mankinde should enjoy such an Immortall Peace that unlesse it were for habitation on supposition that the Earth should grow too narrow for her Inhabitants there would hardly be left any preteÌ„ce for war But now on the contrary that neither the Sword nor the Pen should be allowed any Cessation That the knowledge of the Law of Nature should lose its growth not advancing a whit beyond its antient stature that there should still be such siding with the severall factions of Philosophers that the very same Action should bee decryed by some and as much elevated by others that the very same man should at severall times embrace his severall opinions and esteem his own Actions farre otherwise in himselfe then he does in others These I say are so many signes so many manifest Arguments that what hath hitherto been written by Morall Philosophers hath not made any progress in the knowledge of the Truth
expected but no signe can be given that he who us'd future words toward him who was in no sort engag'd to return a benefit should desire to have his words so understood as to oblige himselfe thereby Nor is it suitable to Reason that those who are easily enclined to doe well to others should be oblig'd by every promise testifying their present good affection And for this cause a promiser in this kind must be understood to have time to deliberate and power to change that affection as well as he to whom he made that promise may alter his desert But he that deliberates is so farre forth free nor can be said to have already given But if he promise often and yet give seldome he ought to be condemn'd of levity and be called not a Donour but Doson IX But the act of two or more mutually conveighing their Rights is call'd a Contract But in every Contract either both parties instantly performe what they contract for insomuch as there is no trust had from either to other or the one performes the other is trusted or neither performe Eeither both parties performe presently there the Contract is ended as soon as 't is performed but where there is credit given either to one or both there the party trusted promiseth after-performance and this kind of promise is called a COVENANT X. But the Covenant made by the party trusted with him who hath already performed although the promise be made by words pointing at the future doth no lesâ—e transfer the right of future time theÌ„ if it had been made by words signifying the present or time past for the others performance is a most manifest signe that he so understood the speech of him whom he trusted as that he would certainly make performance also at the appointed time and by this signe the party trusted knew himselfe to be thus understood which because he hindred not 't was an evident token of his Will to performe The promises therefore which are made for some benefit received which are also Covenants are Tokens of the Will that is as in the foregoing Section hath been declared of the last act of deliberating whereby the liberty of non-performance is abolisht and by consequence are obligatory for where Liberty ceaseth there beginneth Obligation XI But the Covenants which are made in contract of mutualâ— trust neither party performing out of hand if there * arise a just suspicion in either of them are in the state of nature invalid for he that first performes by reason of the wicked disposition of the greatest part of men studying their owne advantage either by right or wrong exposeth himself to the perverse will of him with whom he hath Contracted for it suites not with reason that any man should performe first if it be not likely that the other will not make good his promise after which whether it be probable or not he that doubts it must be judge of as hath been shewed in the fore-going Chapter in the 9. Article Thus I say things stand in the state of nature but in a Civill State when there is a power which can compell both parties he that hath contracted to perform first must first performe because that since the other may be compell'd the cause which made him fear the others non-performance ceaseth Arise For except there appear some new cause of fear either from somewhat done or some other token of the Will not to performe from the other part it cannot be judg'd to be a just fear for the cause which was not sufficient to keep him from making Compact must not suffice to authorize the breach of it being made XI But from this reason that in all Free-gifts and Compacts there is an acceptance of the conveighance of Right required it followes that no man can Compact with him who doth not declare his acceptance and therefore we cannot compact with Beasts neither can we give or take from them any manner of Right by reason of their want of speech and understanding Neither can any man Covenant with God or be oblig'd to him by Vow except so far forth as it appeares to him by Holy Scriptures that he hath substituted certaine men who have authority to accept of such like Vowes and Covenants as being in Gods stead XIII Those therefore doe vow in vain who are in the state of nature where they are not tyed by any Civill Law except by most certain Revelation the Will of God to accept their Vow or Pact be made known to them for if what they Vow be contrary to the Law of Nature they are not tyed by their Vow for no man is tyed to perform an unlawfull act but if what is vowed be commanded by some Law of nature it is not their Vow but the Law it self which ties them but if he were free before his vow either to doe it or not doe it his liberty remaines because that the openly declar'd Will of the obliger is requisite to make an obligation by Vow which in the case propounded is suppos'd not to be Now I call him the Obliger to whom any one is tyed and the Obliged him who is tyed XIV Covenants are made of such things onely as fall under our deliberation for it can be no Covenant without the Will of the Contractor but the Will is the last act of him who deliberates Wherefore they onâ—ly concerne things possible and to come no man therefore by his Compact obligeth himself to an impossibility But yet though we often Covenant to doe such things as then seem'd possible when we promis'd them which yet afterward appear to be impossible are we therefore freed from all obligation the reason whereof is that he who promiseth a future incertainty receives a present benefit on condition that he return another for it for his Will who performes the present benefit hath simply before it for its object a certain good valuable with the thing promised but the thing it selfe not simply but with condition if it could be done but if it should so happen that even this should prove impossible why then he must perform as much as he can Covenants therefore oblige us not to perform just the thing it selfe covenanted for but our utmost endeavour for this onely is the things themselves are not in our power XV. We are freed from Covenants two wayes either by performing or by being forgiven By performing for beyond that we oblig'd not our selves By being for-given because he whom we oblig'd our selves to by forgiving is conceiv'd to return us that Right which we past over to him for forgiving implies giving that is by the fourth Article of this Chapter a conveyance of Right to him to whom the gift is made XVI It s an usuall question Whether Compacts extorted from us through fear do oblige or not For example If to redeeme my life from the power of a Robber a promise to pay
the Contract were not obligatory Furthermore he that renounceth the mercy of God obligeth himselfe not to any punishment because it is ever lawfull to deprecate the punishment howsoever provok'd and to enjoy Gods Pardon if it be granted The onely effect therefore of an Oath is this To cause men who are naturally inclin'd to break all manner of faith through fear of punishment to make the more Conscience of their words and actions XXIII To exact an Oath where the breach of contract if any be made cannot but be known and where the party compacted withall wants not power to punish is to do some what more then is necessary unto self-defence and shewes a mind desirous not so much to benefit it selfe as to prejudice another For an Oath out of the very form of swearing is taken in order to the provocation of Gods anger that is to say of him that is Omnipotent against those who therefore violate their Faith because they think that by their own strength they can escape the punishment of men and of him that is Omniscient against those who therefore usually break their trust because they hope that no man shall see them CHAP. III. Of the other Lawes of Nature I. The second Law of Nature is to perform Contracts II. That trust is to be held with all men without exception III. What injury is IV. Injury can be done to none but those with whom we Contract V. The distinction of Justice into that of men and that of Actions VI. The distinction of commutative and distributive Justice examin'd VII No injury can be done to him that is willing VIII The third Law of Nature concerning Ingratitude IX The fourth Law of Nature That every man render himselfe usefull X. The fifth Law Of Mercy XI The sixth Law That punishments regard the future only XII The seventh Law Against reproach XIII The eighth Law Against pride XIV The ninth Law Of humility XV. The tenth Of equity or against acceptance of persons XVI The eleventh Of things to be had in common XVII The twelfth Of things to be divided by Lot XVIII The thirteenth Of birth right and first possession XIX The fourteenth Of the safeguard of them who are Mediators for Peace XX. The fifteenth Of constituting an Umpire XXI The sixteenth That no man is judge in his own Cause XXII The seventeenth That Umpires must be without all hope of reward from those whose Cause is to be judged XXIII The eighteenth Of witnesses XXIV The nineteenth That there can no Contract be made with the Umpire XXV The twentieth Against Glutony and all such things as hinder the use of Reason XXVI The Rule by which we may presently know whether what we are doing be against the Law of Nature or not XXVII The Lawes of Nature oblige only in the Court of Conscience XXVIII The Lawes of Nature are somtimes broke by doing things answerable to those Lawes XXIX The Lawes of Nature are unchangeable XXX Whosoever endeavours to fulfill the Lawes of Nature is a just man XXXI The naturall and morall Law are one XXXII How it comes to passe that what hath been said of the Lawes of nature is not the same with what Philosophers have delivered concerning the vertues XXXIII The Law of Nature is not properly a Law but as it is delivered in Holy Writ I. ANother of the Lawes of Nature is to performe Contracts or to keep trust for it hath been shewed in the foregoing Chapter that the Law of Nature commands every man as a thing necessary to obtain Peace to conveigh certain rights from each to other and that this as often as it shall happen to be done is called a Contract But this is so farre forth onely conducible to peace as we shall performe our selves what we contract with others shall be done or omitted and in vaine would Contracts be made unlesse we stood to them Because therefore to stand to our Covenants or to keep faith is a thing necessary for the obtaining of peace it will prove by the second Article of the second Chapter to be a precept of the naturall Law Neither is there in this matter any exception of the persons with whom we Contract as if they keep no faith with others or hold that none ought to be kept or are guilty of any other kind of vice for he that Contracts in that he doth contract denies that action to be in vaine and it is against reason for a knowing man to doe a thing in vain and if he think himself not bound to keep it in thinking so he affirms the Contract to be made in vain He therefore who Contracts with one with whom he thinks he is not bound to keep faith he doth at once think a Contract to be a thing done in vaine and not in vaine which is absurd Either therefore we must hold trust with all men or else not bargain with them that is either there must be a declared Warre or a sure and faithfull Peace III. The breaking of a Bargain as also the taking back of a gift which ever consists in some action or omission is called an INJURY But that action or omission is called unjust insomuch as an injury and an unjust action or omission signifie the same thing and both are the same with breach of Contract and trust And it seemes the word Iniury came to be given to any action or omission because they were without Right he that acted or omitted having before conveyed his Right to some other And there is some likenesse between that which in the common course of life we call Injury and that which in the Schools is usually called Absurd For even as he who by Arguments is driven to deny the Assertion which he first maintain'd is said to be brought to an Absurdity in like manner he who through weaknesse of mind does of omits that which before he had by Contract promis'd not to doe or omit coÌ„mits an Injury and falls into no lesse contradiction then he who in the Schools is reduc'd to an Absurdity For by contracting for some future action he wills it done by not doing it he wills it not done which is to will aâ—thing done and not done at the same time which is a contradiction An Injury therefore is a kind of absurdity in conversation as an absurdity is a kind of injury in disputation IV. From these grounds it followes that an * injury can be done to no man but him with whoÌ„ we enter Covenant or to whoÌ„ somewhat is made over by deed of gift or to whom somwhat is promis'd by way of bargain and therefore damaging and injuring are often disjoyn'd for if a Master command his Servant who hath promis'd to obey him to pay a summe of money or carry some present to a third man the Servant if he doe it not hath indeed damag'd this third party but he injur'd his Master onely So also in a civill government if any
to all that the People did hence also they were tyed to that act of the People in resigning up its Right of government into the hands of Nobles Neither could this Court although elected by the People be by it obliged to any thing for being erected the People is at once dissolved as was declared above and the authority it had as being a Person utterly vanisheth Wherefore the obligation which was due to the Person must also vanish and perish together with it X. Aristocraty hath these considerations together with Democraty First that without an appointment of some certain times and places at which the Court of Nobles may meet it is no longer a Court or one Person but a dissolute multitude without any supreme power Secondly that the times of their assembling cannot be disjoyned by long intervalls without prejudice to the supreme power unlesse its administration be transferred to some one man Now the reasons why this happens are the same which we set down in the fifth Article XI As an Aristocratie so also a Monarchy is derived from the Power of the People transferring its Right that is its Authoritie on one man Here also we must understand that some one man either by name or some other token is propounded to be taken notice of above all the rest and that by a plurality of voyces the whole Right of the People is conveighed on him insomuch as whatsoever the People could doe before he were elected the same in every Respect may he by Right now doe being elected which being done the People is no longer one Person but a â—uâ—e multitude as being only one before by vertue of the supreme command whereof they now have made a conveyance from themselves on this one Man XII And therefore neither doth the Monarch oblige himselfe to any for the command he receives for he receives it from the People but as hath been shewed above the People as soon as that act is done ceaseth to be a Person but the Person vanishing all obligation to the Person vanisheth The subjects therefore are tyed to perform obedience to the Monarch by those compacts only by which they mutually obliged themselves to the observation of all that the People should command them that is to obey that Monarch if he were made by the People XIII But a Monarchy differs as well from an Aristocraty as a Democratie in this chiefly that in those there must be certain set times and places for deliberation and consultation of affaires that is for the actuall exercise of it in all times and places For the People or the Nobles not being one naturall Person must necessarily have their meetings The Monarch who is one by nature is alwayes in a present capacity to execute his authority XIV Bâ—cause we have declared above in the 7. 9. and 12. Articles that they who have gotten the supreme command are by no compacts obliged to any man it necessarily followes that they câ—n doe no injury to the subjects for injury according to the definition made in the third Article of the third Chapter is nothing else but a breach of contract and therefore where no contracts have part there can be no injury Yet the People the Nobles and the Monarch may diverse wayes transgresse against the other Lawes of nature as by cruelty iniquity conâ—umely and other like vices which come not under this strict and exact notion of injury But if the subject yeeld not obedience to the supreme he will in propriety of speech be said to be injurious as well to his fellow subjects because each man hath compacted with the other to obey as to his chief Ruler in resuming that Right which he hath given him without his consent And in a Democraty or Aristocracy if any thing be decreed against any Law of nature the City it selfe i. e. the civill Person sinnes not but those subjects only by whose votes it was decreed for sinne is a consequence of the naturall expresse will not of the politicall which is artificiall for if it were otherwise wise they would be guilty by whom the decree was absolutely disliked But in a Monarchie if the Monarch make any decree against the Lawes of nature he sins himselfe because in him the civill will and the naturall are all one XV. The people who are about to make a Monarch may give him the supremacy either simply without limitation of time or for a certaine season and time determined if simply we must understand that he who receives it hath the selfe same power which they had who gave it on the same grounds therefore that the People by Right could make him a Monarch may he make another Monarch insomuch as the Monarch to whom the command is simply given receives a Right not of possession onely but of succession also so as he may declare whom hee pleaseth for his successor XVI But if the power be given for a time limited we must have regard to somewhat more then the bare gift onely First whether the People converghing its authority left it selfe any Right to meet at certain times and places or not Next if it have reserved this power whether it were done so as they might meet before that time were expired which they prescribed to the Monarch Thirdly whether they were contented to meet onely at the will of that temporary Monarch and not otherwise Suppose now the People had delivered up its power to some one man for term of life onely which being done let us suppose in the first place that every man departed from the Counsell without making any order at all concerning the place where after his death they should meet again to make a new elect on In this case it is manifest by the fifth Article of this Chapter that the People ceaseth to be a Person and is become a dissolute multitude every one whereof hath an equall to wit a naturall Right to meet with whom he lists at divers times and in what places shall best please him nay and if he can engrosse the supreme power to himselfe and settle it on his own head What Monarch soever therefore hath a command in such a condition he is bound by the Law of nature set down in the Article of the third Chapter of not returning evill for good prudently to provide that by his death the City suffer not a dissolution either by appointing a certain day place in which those subjects of his who have a mind to it may assemble themselves or else by nominating a successor whether of these shall to him seem most conducible to their common benefit He therefore who on this foresaid manner hath received his command during life hath an absolute power and may at his discretion dispose of the succession In the next place if we grant that the people departed not from the election of the temporary Monarch before they decreed a certain time and place of meeting after
of both are alike but because Cities once instituted doe put on the personall proprieties of men that Law with speaking of the duty of single men we call naturall being applyed to whole Cities and Nations is called the Right of Nations And the same Elements of naturall law and Right which have hitherto been spoken of being transferred to whole Cities and Nations may be taken for the Elements of the lawes and Right of Nations V. All humane law is civill For the state of men considered out of civill society is hostile in which because one is not subject to another there are no other Lawes beside the dictates of naturall reason which is the divine Law But in civill government the City onely that is to say that man or Court to whom the supreme power of the City is committed is the Legislator and the Lawes of the City are civill The civill Lawes may be divided according to the diversity of their subject matter into sacred or secular sacred are those which pertain to Religion that is to say to the ceremonies and worship of God to wit what Persons things places are to be consecrated and in what fashion what opinions concerning the Deity are to be taught publiquely and with what words and in what order supplications are to be made and the like and are not determined by any divine positive Law For the civill sacred Lawes are the humane Lawes which are also called Ecclesiasticall concerning things sacred but the secular under a generall notion are usually called the civill Lawes VI Again the civill Law according to the two offices of the Legislator whereof one is to judge the other to constrain men to acquiesce to his judgements hath two parts the one distributive the other vindicative or penall By the distributive it is that every man hath his proper Right that is to say it sets forth Rules for all things whereby we may know what is properly ours what another mans so as others may not hinder us from the free use and enjoyment of our own and we may not interrupt others in the quiet possession of theirs and what is lawfull for every man to doe or omit and what is not lawfull Vindicative is that whereby it is defined what punishment shall be inflicted on them who break the Law VII Now distributive and vindicative are not two severall Species of the Lawes but two parts of the same Law For if the Law should say no more but for example whatsoever you take with your net in the Sea be it yours iâ—s in vain For although another should take that away from you which you have caught it hinders not but that it still remains yours for in the state of nature where all things are common to all yours and others are all one insomuch as what the Law defines to be yours was yours even before the Law and after the Law ceases not to bee yours although in another mans possession Wherefore the Law doth nothing unlesse it bee understood to bee so yours as all other men be forbidden to interrupt your free use and secure enjoyment of it at all times according to your own will and pleasure For this is that which is required to a propriety of goods not that a man may be able to use them but to use them alone which is done by prohibiting others to be an hinderance to him But in vain doe they also prohibit any men who doe not withall strike a fear of punishment into them in vain therefore is the Law unlesse it contain both parts that which forbids iujuries to be done and that which punisheth the doers of them The first of them which is called distributive is Prohibitory and speaks to all the second which is styled vindicative or paenary is mandatory and onely speaks to publique Ministers VIII From hence also we may understand that every civill Law hath a penalty annexed to it either explicitly or implicitly For where the penalty is not defined neither by any writing nor by example of any one who hath suffered the punishment of the transgressed Law there the penalty is understood to be arbitrary namely to depend on the will of the Legislator that is to say of the supreme Commander For in vain is that Law which may be broken without punishment IX Now because it comes from the civill Lawes both that every man have his proper Right and distinguisht from anothers and also that he is forbidden to invade anothers Rights it followes that these Precepts Thou shalt not refuse to give the honour defin'd by the Lawes unto thy Parents Thou shalt not kill the man whom the Lawes forbid thee to kill Thou shalt avoid all copulation forbidden by the Laws Thou shalt not take away anothers goods against the Lords will Thou shalt not frustrate the Laws and Judgements by false testimony are Civill Lawâ—s The naturall Lawes command the same things but implicitly for the law of nature as hath been said in the 3. Chap. Art 2. commands us to keep contracts and therefore also to performe obedience when we have covenanted obedience and to abstaine from anothers goods when it is determin'd by the civill Law what belongs to another but all Subjects by the 13. Art of the 6. Chap. do covenant to obey his commands who hath the supreme power that is to say the the civfll Lawes in the very constitution of government even before it is possible to break them For the Law of nature did oblige in the state of nature where first because nature hath given all things to all men nothing did properly belong to another and therefore it was not possible to invade anothers right next where all things were common and therefore all carnall copulations lawfull Thirdly where was the state of Warre and therefore lawfull to kill Fourthly where all things were determined by every mans own judgement and therefore paternall respects also Lastly where there were no publique judgements and therefore no use of bearing witnesse either true or false X. Seetng therefore our obligation to observe those aws is more ancient then the promulgation of the Laws themselves as being contained in the very eonstâ—tâ—tion of the City by the vertue of the naturall Law which forbids breach of Covenant the Law of nature commands us to keep all the civill Laws for where we are â—tyed to obedience before we know what will be commanded us there we are universally tyed to obey in all things whence it followes that no civil Law whatsoever which tends not to a reproach of the Deiâ—y in respect of whom Citieâ— themselves have no right of their own and cannot be said to make Lawes can possibly be against the Law of nature for though the Law of nature forbid theft adultery c. yet if the civill Law command us to invade any thing that invasion is not theft adultery c. For when the I acedemonians of old permitted their youths by a certaine
constitute a Law but for the Will of the Supreme Commander which appeares in this that he hath suffer'd his Sentence whether equall or unequall to passe into custome XVI Sinne in its largest signification comprehends every deed word and thought against right reason for every man by reasoning seeks out the meanes to the end which he propounds to himselfe If therefore he reason right that is to say beginning from most evident principles he makes a discourse out of consequences continually necessary he will proceede in a most direct way otherwise hee 'l goe astray that is to say he will either doe say or endeavour somewhat against his proper end which when he hath done he will indeed in reasoning be said to have erred but in action and will to have sinned for sin followes errour just as the Will doth the understanding And this is the most generall acception of the word under which is contain'd every imprudent action whether against the Law as to overthrow another mans house or not against the Law as to build his owne upon the Sand. XVII But when we speak of the Lawes the word Sinne is taken in a more strict sense and signifies not every thing done against right reason but that onely which is blameable and therefore is call'd malum culpae the evill of fault but yet if any thing be culpable it is not presently to be term'd a sinne or fault but onely if it be blameable with reason We must therefore enquire what is to be blameable with reason what against reason Such is the nature of man that every one calls that good which he desires and evill which he eschewes and therefore through the diversity of our affections it happens that one counts that good which another counts evill and the same man what now he esteem'd for good he immediately looks on as evill and the same thing which he calls good in himselfe he tearmes evill in another for we all measure good and evill by the pleasure or paine we either feele at present or expect hereafter Now seeing the prosperous actions of enemies because they increase their honours goods and power and of equalls by reason of that strife of honours which is among them both seeme and are irkesome and therefore evill to all and men use to repute those evill that is to say to lay some fault to their charge from whom they receive evill its impossible to be determined by the consent of single men whom the same things doe not please and displease what actions are and what not to be blam'd They may agree indeed in some certaine generall things as that theft adultery and the like are sinnes as if they should say that all men account those things evill to which they have given names which are usually taken in an evill sense but we demand not whether theft be a Sinne but what is to be term'd theft and so concerning other in like manner For as much therefore as in so great a diversity of censurers what is by reason blameable is not to bee measur'd by the reason of one man more then another because of the equality of humane nature and there are no other reasons in being but onely those of particular men and that of the City it followes that the City is to determine what with reason is culpable so as a fault that is to say a SINNE is that which a man do's omits sayes or wills against the reason of the City that is contrary to the Lawes XVIII But a man may doe somewhat against the Lawes through humane infirmity although he desire to fulfill them and yet his action as being against the Lawes iâ— rightly blam'd and call'd a Sinne But there are some who neglect the Lawes and as oft as any hope of gain and impunity doth appear to them no conscience of contracts and betrothed faith can withhold them from their violation Not only the deeds but even the mindes of these men are against the Lawes They who sinne onely through infirmity are good men even when they sinne but these even when they doe not sin are wicked for though both the action and the mind be repugnant to the Lawes yet those repugnancies are distinguisht by different appellations for the irregularity of the action is called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 unjust deed that of the mind 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 injustice and malice that is the infirmity of a disturbed soule this the pravity of a sober mind XIX But seeing there is no sin which is not against some Law and that there is no Law which is not the command of him who hath the supreme power and that no man hath a supreme power which is not bestowed on him by our own consent in what manner will he be said to sinne who either denies that there is a God or that he governs the world or casts any other reproach upon him for he will say that he never submitted his will to Gods will not conceiving him so much as to have any being And granting that his opinion were erroneous and therefore also a sin yet were it to be numbred among those of imprudence or ignorance which by right cannot be punished This speech seems so farre forth to be admitted that though this kind of sin be the greatest and most hurtful yet is it to be refer'd * to sins of imprudence but that it should be excused by imprudence or ignorance is absurd For the Atheist is punisht either immediately by God himselfe or by Kings constituted under God not as a Subject is punished by a King because he keeps not the Lawes but as one enemy by another because he would not accept of the Lawes that is to say by the Right of warre as the Giants warring against God For whosoever are not subject either to some common Lord or one to another are enemies among themselves Yet is it to be referred to sins of imprudence Many find fault that I have referr'd Atheisme to imprudence and not to injustice yea by some it is taken so as if I had not declared my selfe an enemy bitter enough against Atheists They object farther that since I had elsewhere said that it might be knowne there is a God by naturall reason I ought to have acknowledged that they sin at least against the Law of nature and therefore not only guilty of imprudence but injustice too but I am so much an enemy to Atheists that I have both diligently sought for and vehemently desired to find so â—e Law whereby I might condemne them of injustice but when I found none I enquired next what name God himselfe did give to men so detested by him Now God speaks thus of the Atheist The fool hath said in his heart there is no God Wherefore I placed their sinne in that rank which God himselfe referres to next I shew them to be enemies of God But I conceive the name of an
springs from Contract we have already shewed in the 6. Chapter And the same Right is derived from nature in this very thing that it is not by nature taken away for when by nature all men had a Right over all things every man had a Right of ruling over all as ancient as nature it selfe but the reason why this was abolisht among men was no other but mutuall fear as hath been declared above in the second Chapter the 3. art reason namely dictating that they must foregoe that Right for the preservation of mankinde because the equality of men among themselves according to their strength and naturall powers was necessarily accompanied with warre and with warre joynes the destruction of mankinde Now if any man had so farre exceeded the rest in power that all of them with joyned forces could not have resisted him there had been no cause why he should part with that Right which nature had given him The Right therefore of Dominion over all the rest would have remained with him by reason of that excesse of power whereby he could have preserved both himselfe and them They therefore whose power cannot be resisted and by consequence God Almighty derives his Right of Soveraignty from the power iâ— selfe And as oft as God punisheth or slayes a sinner although he therefore punish him because he sinned yet may we not say that he could not justly have punisht or killed him although he had not sinned Neither if the will of God in punishing may perhaps have regard to some sin antecedent doth it therefore follow that the Right of afflicting and killing depends not on divine power but on â—…siâ—s VI. That question made famous by the disputations of the Antients why evill things befell the good and good things the evill is the same with this of ours by what Right God dispenseth good and evill things unto men and with its difficulty it not only staggers the faith of the vulgar concerning the divine providence but also of Philosophers and which is more even of holy men Psal 73. v. 1 2 3. Truly God is good to Israel even to such as are of a clean heart but as for me my feet were almost gone my steps bad well nigh slipt And why I was grieved at the wicked I doâ— also see the ungodly in such prosperity And how bitterly did Job expostulate with God that being just he should yet be afflicted with so many calamities God himselfe with open voyce resolved this difficulty in the case of Job and hath confirmed his Right by arguments drawn not from Jobs sinne but from his own power For Job and his friends had argued so among themselves that they would needs make him guilty because he was punisht and he would reprove their accusation by arguments fetcht from his own innocence But God when he had heard both him and them refutes his expostulation not by condemning him of injustice or any sin but by declaring his own power Job 38. v. 4. Where wast thou sayes he when I laid the foundation of the earth c. And for his friends God pronounces himself angry against them Job 42. v. 7. Because they had not spoken of him the thing that is right like his servant Job Agreeable to this is that speech of our Saviours in the mans case who was born blind when his Disciples asking him whether he or his Parents had sinned that he was born blind he answered John 9. v. 3. Neither hath this man sinned nor his Parents but that the works of God should be manifest in him for though it be said Rom. 5. 12. That death entred into the world by sinne it followes not but that God by his Right might have made men subject to diseases and death although they had never sinned even as he hath made the other animalls mortall and sickly although they cannot sinne VII Now if God have the Right of Soveraignty from his power it is manifest that the obligation of yeelding him obedience lyes on men by reason of their * weaknesse for that obligation which rises from Contract of which we have spoken in the second Chapter can have no place here where the Right of Ruling no Covenant passing between rises only from nature But there are two Species of naturall obligation one when liberty is taken away by corporall impediments according to which we say that heaven and earth and all Creatures doe obey the common Lawes of their Creation The other when it is taken away by hope or fear according to which the weaker despairing of his own power to resist cannot but yeeld to the stronger From this last kinde of obligation that is to say from fear or conscience of our own weaknesse in respect of the divine power it comes to passe that we are obliged to obey God in his naturall Kingdome reason dictating to all acknowledging the divine power and providence that there is no kicking against the pricks By reason of their weaknesse If this shall seem hard to any man I desire him with a silent thought to consider if there were two Omnipotents whether were bound to obey I beleeve he will confesse that neither is bound if this be true then it is also true what I have set down that men are subject unto God because they are not omnipotent And truly our Saviour admonishing Paul who at that time was an enemy to the Church that he should not kick against the pricks seems to require obedience from him for this cause because he had not power enough to resist VIII Because the word of God ruling by nature onely is supposed to be nothing else but right reason and the Laws of Kings can be known by their word only its manifest that the Laws of God ruling by nature alone are onely the naturall Lawes namely those which we have set down in the second and third Chapters and deduced from the dictates of reason Humility Equity Justice Mercy and other Morall vertues befriending Peace which pertain to the discharge of the duties of men one toward the other and those which right reason shall dictate besides concerning the honour and worship of the Divine Majesty We need not repeat what those Naturall Laws or Morall vertues are but we must see what honours and what divine worship that is to say what sacred Lawes the same naturall reason doth dictate IX Honour to speak properly is nothing else but an opinion of anothers power joyned with goodnesse and to honour a man is the same with highly esteeming him and so honour is not in the Party honoured but in the honourer now three Passions do necessary follow honour thus placed in opinion Love which referres to goodnesse hope and feare which regard power And from these arise all outward actions wherewith the powerfull are appeased and become Propitious and which are the effects and therefore also the naturall signes of honour it selfe But the word honour is transferred also
increaseth Gods Honour among those who do so account of it Or if it be commanded to call God by a name which we know not what it signifies or how it can agree with this word God That also must be done for what we do for Honours sake and we know no better if it be taken for a signe of Honour it is a signe of Honour and therefore if we refuse to doe it we refuse the enlarging of Gods Honour The same judgement must be had of all the Attributes and Actions about the meerly rationall Worship of God which may be controverted and dispuâ—ed for though these kind of commands may be sometimes contrary to right reason and therefore sins in them who command them yet are they not against right reason nor sins in Subjects whose right reason in points of Controversie is that which submits its selfe to the reason of the City Lastly if that Man or Councell who hath the Supreme Power command himselfe to be Worshipt with the same Attributes and Actions where with God is to be Worshipt the question is whether we must obey There are many things which may be commonly attributed both to God and Men for even Men may be Praised and Magnified and there are many actions whereby God and Men may be Worshipt But the significations of the Attributes and Actions are onely to be regarded Those Attributes therefore whereby we signify our selves to be of an opinion that there is any man endued with a Soveraignty independent from God or that he is immortall or of inâ—inite power and the like though commanded by Princes yet must they be abstained from as also from those Actions signifying the same as Prayer to the absent to aske those things which God alone can give as Rain and Fair weather to offer him what God can onely accept as Oblations Holocausts or to give a Worship then which a greater cannot be given as Sacrifice for these things seeme to tend to this end that God may not be thought to rule contrary to what was supposed from the beginning but genuflection prostration or any other act of the body whatsoever may be lawfully used even in civill Worship for they may signifie an acknowledgment of the civill power onely for Divine Worship is distinguisht from civill not by the motion placing habit or gesture of the Body but by the declaration of our opinion of him whom we doe Worship as if we cast down our selves before any man with intention of declaring by that Signe that we esteeme him as God it is Divine Worship if we doe the same thing as a Signe of our acknowledgment of the civill Power it is civill Worship Neither is the Divine Worship distinguished from Civill by any action usually understood by by the words 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 whereof the former marking out the Duty of Servants the latter their Destiny they are words of the same action in degree Truly it is to be done We said in the 14. Article of this Chapter That they who attributed limits to God transgrest the naturall Law concerning Gods Worship now they who worship him in an Image assigne him limits wherefore they doe that which they ought not to doe and this place seemes to contradict the former We must therefore know first that they who are constrained by Authority doe not set God any boonds but they who command them for they who worship unwillingly doe worship in very deed but they either stand or fall there where they are commanded to stand or fall by a lawfull Soveraign Secondly I say it must be done not at all times and every where but on supposition that there is no other rule of worshipping God beside the dictates of humane reason for then the will of the City stands for Reason but in the Kingdome of God by way of Covenant whether old or new where idolatry is expressely forbid though the City commands us to worship thus yet must we not do it which if he shall consider who conceived some repugnancy between this and the 14. Article will surely cease to think so any longer XIX From what hath been said may be gathered that God reigning by the way of naturall reason onely Subjects doe sinne First if they break the morall Laws which are unfolded in the second and third Chapters Secondly if they break the Lawes or commands of the City in those things which pertain to Justice Thirdly if they worship not God 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Fourthly if they confesse not before men both in words and deeds that there is one God most good most great most blessed the Supreme King of the World and of all worldly Kings that is to say if they doe not worship God This fourth sinne in the naturall Kingdome of God by what hath been said in the foregoing Chapter in the second Article is the sinne of Treason against the Divine Majesty for it is a denying of the Divine Power or Atheisme for sinnes proceed here just as if we should suppose some man to be the Soveraign King who being himselfe absent should rule by his Vice-Roy against whom sure they would transgresse who should not obey his Vice-Roy in all things except he usurpt the Kingdome to himself or would give it to some other but they who should so absolutely obey him as not to admit of this exception might be said to be guilty of Treason CHAP. XVI Of the Kingdome of God under the Old Covenant I. Superstition possessing Forrain Nations God institued the true Religion by the means of Abraham II. By the Covenant between God and Adam all dispute is forbidden concerning the Commands of Surâ—ours III. The manner of the Covenant between God and Abraham IV. In that Covenant is contained an acknowledgement of God not simply but of him who appeared unto Abraham V. The Lawes unto which Abraham was tyed were no other beside those of Nature and the Law of Circumcision VI. Abraham was the Interpreter of the Word of God and of all Lawes among those that belonged to him VII Abrahams subjects could not sinne by obeying him VIII Gods Covenant with the Hebrews at Mount Sinai IX From thence Gods Government took the name of a Kingdome X. What Lawes were by God given to the Jewes XI What the Word of God is and how to be known XII What was held the written Word of God among the Jewes XIII The power of interpreting the Word of God and the supreme civill power were united in Moises while he lived XIV They were also united in the High Priest during the life of Joshuah XV. They were united too in the High Priest untill King Sâ—uls time XVI They were also united in the Kings untill the captivity XVII They were so in the High Priests after the captivity XVIII Deniall of the Divine Providence and Idolatry were the onely Treasons against the Divine Majesty among the Jewes in all things else they ought to obey
after him and they shall keep the way of the Lord to doe justice and judgement unlesse his children and his houshold were supposed to be obliged to yeeld obedience unto his Commands VII Hence it followes that Abrahams subjects could not sinne in obeying him provided that Abraham commanded them not to deny Gods Existence or Providence or to doe somewhat expresly contrary to the honour of God In all other things the word of God was to be fetcht from his lips only as being the Interpreter of all the Lawes and words of God For Abraham alone could teach them who was the God of Abraham and in what manner he was to be worshipped And they who after Abrahams death were subject to the Soveraignty of Isaac or Iacob did by the same reason obey them in all things without sin as long as they acknowledged and profest the God of Abraham to be their God for they had submitted themselves to God simply before they did it to Abraham and to Abraham before they did it to the God of Abraham againe to the God of Abraham before they did it to Isaac In Abrahams subjects therefore To deny God was the only Treason against the Divine Majesty but in their posterity it was also Treason to deny the God of Abraham that is to say to worship God otherwise then was instituted by Abraham to wit in Images * made with hands as other Nations did which for that reason were called Idolators And hitherto subjects might easily enough discern what was to be observed what avoyded in the Commands of their Princes In Images made with hands In the 15. Chap. 14. Article There wee have shewed such a kinde of worship to be irrationall but if it be done by the command of a City to whom the written word of God is not known nor received we have then shewed this worship in the 15. Chap. art 18. to be rationall But where God reigns by way of Covenant in which it is expresly warned not to worship thus as in the Covenant made with Abraham there whether it be with or without the Command of the City it is ill done VIII To goe on now following the guidance of the holy Scripture The same Covenant was renewed Gen. 26. vers 3 4. with Isaac and Gen. 28. vers 14. with Iacob whote God stiles himselfe not simply God whom nature doth dictate him to be but distinctly the God of Abraham and Isaac afterward being about to renew the same Covenant by Moysos with the whole People of Israel Exod. 3. v. 6. I am saith hâ— the God of thy Father the God of Abraham the God of Isaac and the God of Jacob. Afterward when that People not only the freest but also the greatest enemy to humane subjection by reason of the fresh memory of their Ae gyptian bondage abode in the wildernesse near mount Siâ—ai that antiâ—â—t Covenant was propounded to them all to be renewed in this manner Exod. 19. ver 5. Therefore if yee will obey my voice indeed and keep my Covenant to wit that Covenant which was made with Abraham Isaac and Iacob then shall yee be a peculiar Treasure unto me above all People for all the earth is mine and yee shall be to me a Kingdome of Priests and an holy Nation And all the People answered together and said All that the Lord hath spoken will we doe vers 8. IX In this Covenant among other things we must consider well the appellation of Kingdom not used before for although God both by nature by Covenant made with Abraham was their King yet owed they him an obedience and worship only naturall as being his subjects religious such as Abraham instituted as being the Subjects of Abraham Isaac Iacob their naturall Princes For they had received no word of God beside the naturall word of right reason neither had any Covenant past between God and them otherwise then as their wils were included in the will of Abraham as their Prince But now by the Covenant made at mount Sinai the consent of each man being had there becomes an institutive Kingdome of God over them That Kingdom of God so renowned in Scriptures and writings of Divines took its beginning from this time and hither tends that which God said to Samuel when the Israelites asked a King 1. Sam. 8. 7. Yhey have not rejected thee but they have rejected me that I should not reign over them and that which Samuel told the Israelites 1. Sam. 12. 12. Yee said unto me nay but a King shall reign over us when the Lord your God was your King and that which is said Jer. 31. vers 31. I will make a new Covenant c. Although I was an husband unto them And the doctrine also of Judas Galilâ—us where mention is made in Ioseph Antiq. of the Iewes 18. Book 2. Chap. in these words But Judas Galilaeus was the first authour of this fourth way of those who followed the study of wisdome These agree in all the rest with the Pharisees excepting that they burn with a most constant desire of liberty beleeving God alone to be held for their Lord and Prince and will sooner endure even the most exquisite kinds of torments together with their kins folks and dearest friends then call any mortall man their Lord. X. The Right of the Kingdome being thus constituted by way of Covenant let us see in the next place what lawes God propounded to them now those are knowne to all to wit the Decalogue and those other as well judiciall as ceremoniall lawes which we find from the 20. Chap. of Exodus to the end of Deuteronomie and the death of Moyses Now of those lawes deliver'd in generall by the hand of Moyses some there are which oblige naturally being made by God as the God of nature and had their force ever before Abrahams time others there are which oblige by vertue of the Covenant made with Abraham being made by God as the God of Abraham which had their force even before Moyses his time by reason of the former Covenant but there are others which oblige by vertue of that Covenant onely which was made last with the people themselves being made by God as being the Peculiar King of the Israelites Of the first soâ—t are all the Precepts of the Decalogue which pertaine unto manners such as Honour thy Parents thou shalt not Kill thou shalt not commit Adultery thou shalt not Steale thou shalt not â—eare false witnesse thou shalt not Covet For they are the Lawes of nâ—…e Also the precept of not taking Gods name in vaine for it is a part of naturall worship as hath beene declar'd in the foregoing Chap. Art 15. In like manner the second Commandement of not worshipping by way of any Image made by themselves for this also is a part of naturall Religion as hath beene shewed in the same Article Of the second sort is the first Commandment of the Decalogue Of
the new Testament and therefore could not be done by Christ himselfe much lesse by his Pastors and to remit the impenitent seems to be against the will of God the Father from whom Christ was sent to convert the world and to reduce men unto obedience Furthermore if each Pastor had an authority granted him to remit and retain sinnes in this manner all awe of Princes and civill Magistrates together with all kind of civill Government would be utterly destroyed For Christ hath said it nay even nature it â—elfe dictates that we should not feare them who slay the body but cannot kill the soule but rather feare him who can caâ—t both soule and body into hell Mat. 10. vers 28. Neither is any man so mad as not to choose to yeeld obedience rather to them who can remit and retain their sinnes then to the powerfullest Kings Nor yet on the other side it is to be imagined that remission of sinnes is nothing else but an exemption from Ecclesiasticall punishments for what evill hath excommunication in it beside the eternall pains which are consequent to it or what benefit is it to be received into the Church if there were salvation out of it We must therefore hold That Pastors have power truly and absolutely to forgive sinnes but to the penitent and to retain them but of the impenitent But while men think that to Repent is nothing else but that every one condemn his Actions and change those Counsels which to himselfe seem sinfull and blameable there is an opinion risen that there may be repentance before any Confession of sinnes to men and that repentance is not an effect but a cause of Confession and thence the difficulty of those who say that the sins of the penitent are already forgiven in Baptisme and theirs who repent not cannot be forgiven at al is against Scripture and contrary to the words of Christ Whose soever sins ye remit c. We must therefore â—o resolve this difficulty know in the first place that a true acknowledgement of sin is Repentance for he that knows he hath sinned knows he hath erred but to will an errour is impossible therefore he that knowes he hath sinned wishes he had not done it which is to repent Farther where it may be doubtfull whether that which is done be a sin or not we must consider that repentance doth not precede confession of sins but is subsequent to it for there is no repentance but of sinnes acknowledged The penitent therefore must both acknowledge the fact and know it to be a sinne that is to say against the Law If a man therefore think that what he hath done is not against the Law its impossible he should repent of it Before repentance therefore its necessary there be an applicacation of the facts unto the Law but it s in vain to apply the facts unto the Law without an Interpreter for not the words of the Law but the sentence of the Law-giver is the rule of mens actions but surely either one man or some men are the Interpreters of the Law for every man is not judge of his own fact whether it be a sin or not wherefore the fact of which we doubt whether it be a sinne or not must be unfolded before some man or men and the doing of this is confession Now when the Interpreter of the Law hath judged the fact to bee a sinne if the sinner submit to his judgement and resolve with himselfe not to do so any more t is repentance and thus either it is not true repentance or else it is not antecedent but subsequent to confession These things being thus explained it is not hard to understand what kinde of power that of binding and loosing is for seeing in remission of sinnes there are two things considerable one the Judgement or Condemnation whereby the fact is judged to be a sinne the other when the Party condemned does acquiesce and obey the sentence that is to say Repents the remission of the sinne or if he repent not the Retention The first of these that is to say the Judging whether it be a sinne or not belongs to the Interpreter of the Law that is the Soveraign Judge the second namely Remission or retention of the sinne to the Pastor and it is that concerning which the power of binding and loosing is conversant And that this was the true meaning of our Saviour Christ in the institution of the same power is apparent in the 18. of Mat. vers 15 16 17 18. thus He there speaking to his Disciples sayes If thy Brother sinne against thee goe and tell him his fault betweene thee and him alone where we must observe by the way that if thy Brother sinne against thee is the same with if he doe thee injury and therefore Christ spake of those matters which belonged to the civill Tribunall he addes if he heare thee not that is to say if he deny that he hath done it or if having confest the fact he denies it to be unjustly done take with with thee yet one or two and if he refuse to heare them tell it the Church But why to the Church except that she might judge whether it were a sinne or not But if he refuse to hear the Church that is if he doe not submit to the Churches sentence but shall maintain that to be no sin which She Judges to be a sinne that is to say if he repent not for certain it is that no man repents himselfe of that action which She conceives not to be a sinne he saith not Tell it to the Apostles that we might know that the definitive sentence in the question whether it were a sin or not was not left unto them but to the Church but let him be unto thee sayes he as an Heathen or Publican that is as one out of the Church as one that is not baptized that is to say as one whose sinnes are retained For all Christians were baptized into remission of sinnes But because it might have been demanded who it was that had so great a power as that of withholding the benefit of Baptisme from the impenitent Christ shewes that the same Persons to whom he had given authority to baptize the penitent into the remission of sinns and to make them of heathen men Christians had also authority to retain their sins who by the Church should be adjudged to be impenitent and to make them of Christian men Heathens and therefore presently subjoynes Verily I say unto you Whose soever sinnes yee shall binde upon Earth they shall â—ee bound also in Heaven and whose soever sins yee shall loose upon Earth they shall be â—oosed also in Heaven Whence we may understand that the power of binding and loosing or of remitting and retaining of sinnes which is called in another place the power of the keyes is not different from the power given in another place in these words Goe and teach all Nations Baptizing them
Revelation Nor yet Vow to God Compacts oblige not beyond our utmost endeavours In what manner we are freed from Compacts Promises forc'd from us through feare of death are not valid in the state of nature A latter Compact contradicting the former is invalid A promise not to resist him that prejudices my Body is invalid The Compact of self-accusation is invalid The desinition of an â—ath The Swearing must be conceiv'd in that fashion which he uses who takes it Swearing addes nothing to the Obligation which is by Compact An Oath is not to be prest but where the breach of Contract can either be kept private or not be punisht but from God alone The second Law of nature to perform Contracts That Faith is to be kept with all men without exception Injury defin'd An injury can onely be done to him with whom we Contract Annotation The distinction of Justice into that of men and actions The distinction of commutative and distributive Justice examin'd No injury can be done to him that is willing The third Law of nature of ingratitude The fourth Law of nature that every man render himself usefull The fift Law of nature of mercifulnesse The sixth Law that punishments onely regard the future The seventh Law of nature against slander The eight Law against pride The ninth Law of humility The eleventh law of things to be had in common The 11. law of things to be had in common The 12. law of things to be divided by lot The 13. law of birth-right and first possession The 14. law of the safety of those who are Mediators for Peace The 15. law of appointing an umpire The 16. law that no man must be judge in his owne cause The 17. law that Arbiters must be without all hope of reward from the parties whose cause is to be iudged The 10. law of witnesses The 19. law that no contract is to be made with the judge The 20. Law against Gluttony and such things as hinder the use of Reason The rule by which a man may presently know whether what he is about to act be against the law of nature or not The lawes of nature oblige only in the court of Conscience Annotation The Lawes of Nature are sometimes broken by an act agreeable to those Lawes The Lawes of Nature are immutable He who endeavours to fulfill the Lawes of Nature is just The naturall Law is the same with the morall Whence it comes to passe that what hath been said concerning the Law is not the same with what hath been delivered by Philosophers concerning the Vertues The Law of nature is not properly a law but as it is delivered in holy Scripture The naturall and morall law 〈◊〉 divine Which is confirmed in Scripture in generall Specially in regard of the fundamentall law of nature in seeking of peace Also in regard of the first law of nature in abolishing all things to be had in common Also the second law of nature concerning faith to be kept Also of the third law of thankfulnesse Also the fourth law of rendring our selves usefull Also of the fifth law concerning mercy Also of the sixth law that punishment onely looks at the future Also of the seventh law concerning slander Alâ—o of the eighth against pride Alâ—o of the ninth of equity Also the 10. against respect of Persons Also of the 11. Law Of having those things in common which cannot be divided Also of the 12. Of things to be divided by Lot Also of appointing a Judge Also of the 17. Law That the Arbiters must receive no reward for their Sentence Also of the 18. concerning Witnesses Also of the 20. Law against Drunkennesse Also in respect of that which hath been said that the Law of Nature is eternall Also that the Lawes of Nature doe pertain to Conscience Also that the lawes of nature are easily observ'd Lastly in respect of the Rule by which a man may presently know whether what he is about to act be against the law of nature or not The law of Christ is the law of nature That the Lawes of nature suffice not for the coâ—servation of Peace That the Lawes of nature in the state of nature are silent That the security of living according to the Lawes of nature consists in the agreement of many That the agreement of many is not constant enough to preserve a lasting Peace Why the government of some bruit creatures stands firm in concord alone and not so of men That not onely consent but union also is required to establish the peace of men What Unâ—on is In union the Right of all men is transferred to one What civill society is What a civill Person is What it is to have the supreme power what to be subject Two kinds of Cities naturall and by institution There can no Right â—e attributed to a multitude considered out of civill society nor any action to which they have not given their particular consents Annotation The beginning of a City is the Right of the major part agreeing That every man retains a right of protecting himself according to â—is owne judgement as long as he is not secured That a coâ—râ—ive poâ—er is â—â—cessary for security What the Sword of Justice is That the Sword of Justice belongs to him who hath the chiefe command That the Sword of Warre belongs to him also The power of Judicature belongs to him The Legislative power is his also That the naming of Magistrats and Officers belongs to him also The Examination of doctrines belongs to him likewise Annotation Whatsoever he doth is unpunishable That be hath an absolute dominion granted him by his Citizens and what proportion of obedience is due unto him Annotation That he is not tied to observe the Lawes of the City That no man can challenge a propriety in ought against him who hath the Supreme Power Annotation Annotation It is known by the civill Laws what theft murther adultery and injurie are Annotation The opinion of those who would constitute a City where there should not be any one endued with absolute power The notes of supreme authority If the City be compared with a man hee who hath the supreme command is in order to the City aâ— the huâ—… soule is to the man By Chap. 〈◊〉 Artic. 1. That the supreme power cannot by Right be dissolved by their consents by whose coâ—…pacts it was coâ—…tuted There are three kinds of Government onely Democraty Aristocraty and Monarchy Oligarchie is no state of a City distinct from Aristocratie neither is Anarchie any state at all That a Tyranny is not a diverse state from alegitimate Monarchy That there can no mixt state be form'd out of these fore-nam'd kindes of Government Annotation That Democraty except it have certain times and places of meeting prescrib'd is dissolv'd In Democratie the Intervals of the times of conveâ—ing must be short or the administration of the government committed to some one By what acts an Aristocraty is framed In
lawes and punishments appointed for offendors yet particular men travell not without their Sword by their sides for their defences neither sleep they without shutting not only their doores against their fellow Sebjects but also their Trunks and Coffers for feare of domestiques Can men give a clearer testimony of the distrnst they have each of other and all of all How since they doe thus and even Countreyes as well as men they publiquely professe their mutuall feare and diffidence But in disputing they deny it that 's as much as to say that out of a desire they have to contradict others they gainsay themselves Some object that this principle being admitted it would needs follow not onely that all men were wicked which perhaps though it seeme hard yet we must yeeld to since it is so clearly declar'd by holy writ but also wicked by nature which cannot be granted without impiety But this that men are evill by nature followes not from this principle for though the wicked were fewer then the righteous yet because we cannot distinguish them there is a necessity of suspecting heeding anticipating subjugating selfe-defending ever incident to the most honest and fairest condition'd much lesse do's it follow that those who are wicked are so by nature for though from nature that is from their first birth as they are meerly sensible Creatures they have this disposition that immediately as much as in them lies they desire and doe whatsoever is best pleasing to them that either through feare they fly from or through hardnesse repell those dangers which approach them yet are they not for this reason to be accounted wicked for the affections of the minde which arise onely from the lower parts of the soule are not wicked themselves but the actions thence proceeding may be so sometimes as when they are either offensive or against duty Vnlesse you give Children all they aske for they are peevish and cry I and strike their Patents sometimes and all this they have from nature yet are they free from guilt neither may we properly call them wicked first because they cannot hurt next because wanting the free use of reason they are exempted from all duty these when they come to riper yeares having acquired power whereby they may doe hurt if they shall continue to doe the same things then truly they both begin to be and are properly accounted wicked In so much as a wicked man is almost the same thing with a childe growne strong and sturdy or a man of a childish disposition and malice the same with a defect of reason in that age when nature ought to be better governed through good education and experience Vnlesse therefore we will say that men are naturally evill because they receive not their education and use of reason from nature we must needs acknowledge that men may derive desire feare anger and other passions from nature and yet not impute the evill effects of those unto nature The fonndation therefore which I have laid standing firme I demonstrate in the first place that the state of men without civill society which state we may properly call the state of nature is nothing else but a meere warre of all against all and in that warre all men have equall right unto all things Next that all men as soonâ— as they arrive to understanding of this hatefull condition doe deâ—ire even nature it selfe compelling them to be freed from this misery But that this cannot be done except by compact they all quitt that right which they have unto all things Furthermore I declare and confirme what the nature of compacts is how and by what meanes the right of one might be transfer'd unto another to make their compacts valid also what rights and to whom they must necessarily be granted for the estabishling of Peace I meane what those dictates of reason are which may properly be term'd the Lawes of nature and all these are contain'd in that part of this booke which I entitle Liberty These grounds thus layd I shew farther what civill government and the supreme power in it and the divers kinds of it are by what meanes it becomes so what rights particular men who intend to constitune this civill government must so necessarily transfer from themselves on the supreme power whether it be one man or an assembly of men that except they doe so it will evidently appeare to â—e no civill government but the rights which all men have to all things that is the rights of Warre will still remaine Next I distinguish the divers kindes of it to wit Monarchie Aristocratie Democratie and paternall Dominion and that of Masters over their Servants I declare how they are constituted and I compare their severall conveniences and inconveniences each with other furthermore I unfold what those things are which destroy it and what his or their duty is who rule in chiefe Last of all I explicate the natures of the Law and of sinne and I diginguish Law from Counsell from compact ' from that which I call Right all which I comprehend under the title of Dominion In the last part of it which is entituled Religion lest that right which by strong reason I had confirm'd the Soveraigne powers in the preceding discourse have over their Subjects might seem to be repugnant to the sacred Scriptures I shew in the first place how it repugns not the Divine right for as much as God overrules all rulers by nature i. e. by the Dictates of naturall reason In the second for as much as God himselfe had a peculiar dominion over the Jewes by vertue of that antient Covenant of Circumcision In the third because God doth now rule over us Christians by vertue of our Covenant of Baptisme and therefore the authority of Rulers in chiefe or of civill government is not at all we see contrary to Religion In the last place I declare what duties are necessarily requir'd srom us to enter into the Kingdome of Heaven and of those I plainly demonstrate and conclude out of evident testimonies of holy writ according to the interpretation made by all that the obedience which I have affirm'd to be due from particular Christian Subjects unto their Christian Princes cannot possibly in the least sort be repugnant unto Christian Religion You have seene my Method receive now the reason which mov'd me to write this I was studying Philosphie for my minde sake and I had gathered together its first Elements in all kinds and having digested them into three Sections by degrees I thought to have written them so as in the first I would have treated os a body and its generall properties in the second of man and his speciall faculties and affections in the third of civill government and the duties of Subjects Wherefore the first Section would have contained the â—irst Philosophie and certaine elements os Physick in it we would have considered the reasons os Time Place Cause Power Relation Proportion Quantity Figure
and motion In the second we would have beene conversant about imagination Memory intellect ratioâ—ination appetite Will good and Evill honest and dishonest and the like what this last Section handles I have now already shewed you Whilest I contrive order pensively and slowly compose these matters for I onely doe reason I dispute not It so happen'd in the interim that my Country some few yeares before the civill Warres did rage was boyling â—ot with questions concerning the rights of Dominion and the obedience due from Subjects the true forerunners of an approaching War And was the cause which all those other matters deferr'd ripen'd and pluckt from me this third part Therefore it happens that what was last in order is yet come forth first in time and the rather because I saw that grounded on its owne principles sufficiently knowne by experience it would not stand in need of the former Sections I have not yet made it out of a desire of praise although if I had I might have defended my selse with this faire excuse that very few doe things laudably who are not affected with commendation but for your sakes Readers who I perswaded my selse when you should rightly apprehend and throughly understand this Doctrine I here present you with would rather chuse to brooke with patience some inconveniences under government because humane affairs cannot possibly be without some then selfe opiniatedly disturb the quiet of the publique That weighing the justice of those things you are about not by the perswaâ—ion and advise of private men but by the Lawes of the Realme you will no longer suffer ambitious men through the streames of your blood to wade to their owne power That you will esteeme it better to enjoy your selves in the present state though perhaps not the best then by waging Warre indeavour to procure a reformation for other men in another age your selves in the meane while either kill'd or consumed with age Farthermore for those who will not acknowledge themselves subject to the civill Magistrate and will be exempt from all publique burthens and yet will live under his Jurisdiction and looks for protection from the violence and injuries of others that you would not looke on them as fellow Subjects but esteeme them for enemies and spies and that yee rashly admit not for Gods Word all which either openly or privately they shall pretend to bee so I say more plainly if any Preacher Confessor or Casuist shal but say that this doctrin is agreeable with Gods word namely That the chief ruler nay any private man may lawfully be put to death without the chiefes command or that Subjects may resist conspire or covenant against the supreme power that ye by no means beleeve them but instantly declare their names He who approves of these reasons will also like my intention in writing this book Last of al I have propounded to my self this rule through this whole discourse First not to define ought which concerns the justice of single actions but leave theÌ„ to be determined by the laws Next not to dispute the laws of any government in special that is not to point which are the laws of any country but to declare what the laws of all countries are Thirdly not to seem of opinion that there is a lesse proportion of obedience due to an Aristocraty or Dâ—mocraty then a Monarchy for though I have endeavoured by arguments in my tenth Chapter to gain a belief in men that Monarchy is the most commodious government which one thing alone I confesse in this whole book not to be demonstrated but only probably stated yet every where I expresly say that in all kind of Government whatsoever there ought to be a supreme and equall power Fourthly not in any wise to dispute the positions of Divines except thâ—se which strip Subjects of their obedience and shake the foundations of civill government Lastly lest I might imprudently set forth somewhat of which there would be no need what I had thus written I would not presently expose to publique interest wherefore I got some few copies privately disperst among some of my friends that discrying the opinions of others if any things appeared erroneous hard or obscure I might correct soften and explain them These things I found most bitterly excepted against that I had made the civill powers too large but this by Ecclesiasticall Persons that I had utterly taken away liberty of conscience but this by Sectaries that I had set Princes above the civil Laws but this by Lawyers wherefore I was not much moved by these mens reprehensions as who in doing this did but do their own business except it were tye those knots somewhat faster But for their sakes who have a litle been staggered at the Principles themselves to wit the nature of men the authority or right of nature the nature of compacts and contracts and the originall of civill government because in finding fault they have not so much followed their Passions as their common sense I have therefore in some places added some annotations whereby I presumed I might give some satisfaction to their differing thoughts Lastly I have endevoured to offend none beside those whose Principles these contradict and whose tender mindes are lightly offended by every difference of opinions Wherefore if ye shall meet with some things which have more of sharpnesse and lesse of certainty then they ought to have since they are not so much spoken for the maintenance of parties as the establishment of peace and by one whose just grief for the present calamities of his country may very charitably be allowed some liberty it is his only request to ye Readers ye will deign to receive them with an equall mind The Index of the Chapters under the titles of LIBERTY CHAP. I. OF the State of men without civill society 1 CHAP. II. Of the Law of nature concerning contracts 16 CHAP. III. Of the other Lawes of nature 34 CHAP. IV. That the Law of nature is a divine Law 58 EMPIRE CHAP. V. OF the causes and first Originall of civill government 73 CHAP. VI. Of the right whether we consider it in an Assembly or in one Person 〈◊〉 which he hath who is endued with supreme authority 82 CHAP. VII Of the three kindes of government Democraty Aristocraty and Monarchy 100 CHAP. VIII Of the right which Lords and Masters have over their Servants 126 CHAP. IX Of the rights which Parents have over their children and of a Kingdome Paternall 173 CHAP. X. A comparison of the three kinds of government each with other according to the inconveniences of each one 146 CHAP. XI The places and examples of Scripture concerning the right of government which make for proof of the foresaid Doctrines 165 CHAP. XII Of the inward causes which dissolve all civill government 172 CHAP. XIII Of the duties of those men who sit at the Helm of State 189 CHAP. XIV Of Lawes and Sinnes 208 RELIGION CHAP. XV. OF Gods government by
they destroy and weaken the reasoning faculty who doe that which disturbs the mind from its naturall state that which most manifestly happens to Drunkards and Gluttons we therefore sin in the 20 place against the Law of Nature by Drunkennesse XXVI Perhaps some man who sees all these precepts of Nature deriv'd by a certain artifice from the single dictate of Reason advising us to look to the preservation and safegard of our selves will say That the deduction of these Lawes is so hard that it is not to be expected they will be vulgarly known and therefore neither will they prove obliging for Lawes if they be not known oblige not nay indeed are not Lawes To this I answer it 's true That hope fear anger ambition covetousnesse vain glory and other perturbations of mind doe hinder a man so as he cannot attaine to the knowledge of these Lawes whilst those passions prevail in him But there is no man who is not somettmes in a quiet mind At that time therefore there is nothing easier for him to know though he benever so rude and unlearn'd then this only Rule That when he doubts whether what he is now doing to another may be done by the Law of Nature or not he conceive himselfe to be in that others stâ—ad Here instantly those perturbations which perswaded him to the fact being now cast into the other scale disswade him as much And this Rule is not onely easie but is Anciently celebrated in these words Quod tibi â—ieri non vis alteri nè feceris Do not that to others you would not have done to your self XXVII But because most men by reason of their perverse desire of present profit are very unapt to observe these Lawes although acknowledg'd by them if perhaps some others more humble then the rest should exercise that equity and usefulnesse which Reason dictates those not practising the same surely they would not follow Reason in so doing nor would they hereby procure themselves peace but a more certain quick destruction and the keepers of the Law become a meer prey to the breakers of it It is not therefore to be imagin'd that by Nature that is by Reason men are oblig'd to the * exercise of all these Lawes in that state of men wherein they are not practis'd by others We are oblig'd yet in the interim to a readinesse of mind to observe them whensoever their observation shall seeme to conduce to the end for which they were ordain'd We must therefore conclude that the Law of Nature doth alwayes and every where oblige in the internall Court or that of Conscience but not alwayes in the externall Court but then onely when it may be done with safety The exercise of all these Lawes Nay among these Lawes some things there are the omission whereof provided it be done for Peace or Self-preservation seemes rather to be the fulfilling then breach of the Naturall Law for he that doth all things against those that doe all things and plunders plunderers doth equity but on the other side to doe that which in peace is an handsome action and becomming an honest man is dejectednesse and poornesse of spirit and a betraying of ones self in the time of War But there are certain naturall Lawes whose exercise ceaseth not even in the time of War it self for I cannot understand what drankennesse or cruelty that is Revenge which respects not the future good can advance toward peace or the preservation of any man Briefly in the state of nature what 's just and unjust is not to be esteem'd by the Actions but by the Counsell and Conscience of the Actor That which is done out of necessity out of endeavour for peace for the preservation of our selves is done with Right otherwise every damage done to a man would be a breach of the naturall Law and an injury against God XXVIII But the Lawes which oblige Conscience may be broken by an act not onely contrary to them but also agreeable with them if so be that he who does it be of another opinion for though the act it self be answerable to the Lawes yet his Conscience is against them XXIX The Lawes of Nature are immutable and eternall What they forbid can never be lawfull what they command can never be unlawfull For pride ingratitude breach of Contracts or injury inhumanity contumâ—ly will never be lawfull nor the contrary vertues to these ever unlawfull as we take them for dispositions of the mind that is as they are considered in the Court of Conscience where onely they oblige and are Lawes Yet actions may be so diversified by circumstances and the Civill Law that what 's done with equity at one time is guilty of iniquity at another and what suits with reason at one time is contrary to it another Yet Reason is still the same and changeth not hâ—r end which is Peace and Defence nor the meanes to attaine them to wit those vertues of the minde which we have declar'd above and which cannot be abrogated by any Custome or Law whatsoever XXX It 's evident by what hath hitherto been said how easily the Lawes of Nature are to be observ'd because they require the endeavour onely but that must be true and constant which who so shall performe we may rightly call him JUST For he who tends to this with his whole might namely that his actions be squar'd according to the precepts of Nature he shewes clearly that he hath a minde to fulfill all those Lawes which is all we are oblig'd to by rationall nature Now he that hath done all he is oblig'd to it a Just Man XXXI All Writers doe agree that the Naturall Law is the same with the Morall Let us see wherefore this is true We must know therefore that Good and Evill are names given to things to signifie the inclination or aversion of them by whom they were given But the inclinations of men are diverse according to their diverse Constitutions Customes Opinions as we may see in those things we apprehend by sense as by tasting touching smelling but much more in those which pertain to the common actions of life where what this man commends that is to say calls Good the other undervalues as being Evil Nay very often the same man at diverse times praises and dispraises the same thing Whilst thus they doe necessary it is there should be discord and strife They are therefore so long in the state of War as by reason of the diversity of the present appetites they mete Good and Evill by diverse measures All men easily acknowledge this state as long as they are in it to be evill and by consequence that Peace is good They therefore who could not agree concerning a present doe agree concerning a future Good which indeed is a work of Reason for things present are obvious to the sense things to come to our Reason only Reason declaring Peace to be good it followes
judgement in their goings Micah 5. 4 5. speaking of the Mâ—ssias he saith thus Hee shall stand and food in the strength of the Lord in the Majesty of the name of the Lord his God and they shall abide for now shall he be great unto the end of the earth And this man shall be your Peace c. Prov. 3. 12. My sonne forget not my law but let thine heart keep my Commandements for length of dayes and long life and peace shall they adde to thee IV. What appertains to the first law of abolishing the community of all things or concerning the introduction of meum tuum We perceive in the first place how great an adversary this same Community is to Peace by â—hose words of Abraham to Lot Gen. 13. 8. Let there be no strife I pray thee between thee and me and between thy heard-men and my heard-men for we be bretbren Is not the whole land before thee Separate thy selfe I pray thee from me And all those places of Scripture by which we are forbidden to trespasse upon our neighbours as Thou shalt not kill thou shalt not commit adultery thou shalt not steal c. doe confirm the law of distinction between Mine and Thinc for they suppose the right of all men to all things to be taken away V. The same precepts establish the second law of nature of keeping trust for what doth Thou shalt not invade anothers right import but this Thou shalt not take possession of that which by thy contract ceaseth to be thine but expressely set down Psal 15. vers 1. To him that asked Lord who shall dwell in thy Tabernaâ—lâ— It is answered vers 5. He that sweareth unto his neighbour and disappointeth him not and Prov. 6. 1. My sonne if thou be surety for thy friend if thou have stricken thy hand with a stranger Thou art snared with the words of thy mouth VI. The third Law concerning gratitude is proved by these places Deâ—t 25. 4. Thou shalt not muzzle the Oxe when he treadeth out the corn which Saint Paul 1. Cor. 9. 9. interprets to be spoken of men not Oxen onely Prov. 17. 13. Who so rewardeth evill for good evill shall not depart from his house And Deut. 20. 10 11. When thou comest nigh unto a city to fight against it then proclaim peace unto it And it shall be if it make thee answer of peace and open unto thee then it shall be that all the people that is soâ—nd therein shall be tributaries unto thee and they shall serve thee Proverbs 3. 29. Devise not evill against thy neighbour seeing he dwelleth securely by thee VII To the fourth Law of accommodating our selves these precepts are conformable Exod. 23. 4 5. If thou meet thine enemies Oxe or his Assâ— going astray thou shalt surely bring it back to him again if thou see the Asse of him that hateth thee lying under his burden and wouldest forbear to help him thou shalt surely help with him vers 9. Also thou shalt not oppresse a stranger Prov. 3. 30. Strive not with a man without a cause if he have done thee no harme Prov. 15. 18. A wrathfull man stirreth up strife bus he that is slow to anger appeaseth strifâ— 18. 24. There is a friend that sticketh closer then a brother The same is confirmed Luke 10. By the Parable of the Sâ—maritan who had compassion on the Jew that was wounded by theeves and by Christs precept Matth. 5. 39. But I say unto you that ye resist not evill but whosoever shall smite thee on the right cheek turn to him the other also c. VIII Among infinite other places which prove the fifth law these are some Matth. 6. 14. If you forgive men their trespasses your heavenly Father will also forgive youâ— but if you forgive not men their trespasses neither will your Father forgive your trespasses Math. 18. 21. Lord how oft shall my Brother sinne against me and I forgive him till seven times Jesus saith unto him I say not till seven times but till seventy times seven times that is toties quoties IX For the confirmation of the sixth law all those plaâ—es are pertinent which command us to shew mercy such as Mat. 5 7. Blessed are the mercifull for they shall obtain mercy Levit. 19. 18. Thou shalt not avenge nor bear any grudge against the children of thy people But there are who not onely think this law is not proved by Scripture but plainly disproved from hence that there is an eternall punishment reserved for the wicked after death where there is no place either for amendment or example Some resolve this objection by answering That God whom no law restrains refers all to his glory but that man must not doe so as if God sought his glory that is to say pleased himselfe in the death of a sinner It is more rightly answered that the institution of eternall punishment was before sin and had regard to this onely that men might dread to commit sinne for the time to come X. The words of Christ prove this seventh Matth. 5. 22. But I say unto you That whosoever is angry with his brother without a cause shall be in danger of the judgement and whosoever shall say unto his Brother Racha shalt be in danger of the Counsell biâ—… whosoever shall say thou foole shall be in danger of hell fire Prov. 10. 18. Hee that uttereth a slander is a foole Prov. 14. 21. Hee that despiseth his neighbour finneth 15. 1. Grievous words stir up anger Prov. 22. 10. Cast out the scorner and contention shall goe out and reproach shall cease XI The eighth law of acknowledging equality of nature that is of humility is established by these places Mat. 5. 3. Blessed are the poor in spirit for theirs is the Kingdom of heaven Prov. 6. 16 19. These six things doth the Lord hate yea seven are an abomination unto him A proud look c. Prov. 16. 5. Every one that is proud is an abomination unto the Lord though hand joyne in hand he shall not be unpunished 11. 2. When pride cometh then cometh shame but with the lowly is wisdome Thus Isay 40. 3. where the comming of the Messias is shewed forth for preparation towards his Kingdome The voyce of him that cryed in the wildernesse was this Prepare ye the way of the Lord make strait in the deâ—art a high way for our God Every valley shall be exalted and every mountain and hill shall be made low which doubtlesse is spoken to men and not to mountains XII But that same Equity which we prov'd in the ninth place to be a Law of Nature which commands every man to allow the same Rights to others they would be allow'd themselves and which containes in it all the other Lawes besides is the same which Moses sets down Levit. 19. 18. Thou shalt love thy neighbour as thy self and our Saviour calls it the summe of
the morall Law Mat. 22. 36. Master which is the great Commandement in the Law Jesus said unto him Thou shalt love the Lord thy God with all thine heart and with all thy soul and with all thy mind this is the first and great Commandement and the second is like unto it Thou shalt love thy neighbour as thy self On these two Commandements hang all the Law and the Prophets But to love our neighbor as our selves is nothing else but to grant him all we desire to have granted to our selves XIII By the tenth Law respect of persons is forbid as also by these places following Mat. 5. 45. That ye may be children of your Father which is in Heaven for he maketh the sun to rise on the Evill and on the Good c. Collos 3. 11. There is neither Greek nor Jew circumcision nor uncircumcision Barbarian or Scythian bond or free but Christ is all in all Acts 10. 34. Of a truth I perceive that God is no respecter of Persons 2 Chron. 19. 7. There is no iniquity with the Lord our God nor respect of persons nor taking of gifts Ecclus 35. 12. The Lord is Judge and with him is no respect of Persons Rom. 2. 11. For there is no respect of persons with God XIV The eleventh Law which commands those things to be held in common which cannot be divided I know not whether there be any expresse place in Scripture for it or not but the practise appears every where in the common use of Wels Wayes Rivers sacred things c. for else men could not live XV. We said in the twelfâ—h place that it was a Law of Nature That where things could neither be divided nor possess'd in coÌ„mon they should be dispos'd by lot which is confirm'd as by the example of Moses who by Gods command Numb 6. 34. divided the severall parts of the land of promise unto the Tribes by Lot So Acts 1. 24. by the example of the Apostles who receiv'd Matthias before Justus into their number by casting Lots and saying Thou Lord who knowest the hearts of all men shew whether of these two thou hast chosen c. Prov. 16. 33. The lot is cast into the lappe but the whole disposing thereof is of the Lord. And which is the thirteenth Law the Succession was due unto Esau as being the First-born of Isaac if himself had not sold it Gen. 25. 30. or that the Father had not otherwise appointed XVI Saint Paul writing to the Corinthians Epist 1. Chap. 6. reprehends the Corinthians of that City for going to Law one with another before infidell Judges who were their enemies calling it a fault that they would not rather take wrong and suffer themselves to be defrauded for that is against that Law whereby we are commanded to be helpful to each other But if it happen the Controversie be concerning things necessary what is to be done Therefore the Apostle Ver. 5. speaks thus I speak to your shame Is it so that there is not one wise man among you no not one that shall be able to judge between his brethren He therefore by those words confirmes that Law of Nature which we call'd the fifteenth to wit Where Controversies cannot be avoided there by the consent of Parties to appoint some Arbiter and him some third man so as which is the 16 Law neither of the Parties may be judge in his own Cause XVII But that the Judge or Arbiter must receive no reward for his Sentence which is the 17. Law appears Exod. 23. 8. Thou shalt take no gift for the gift blindeth the wise and pervertâ—th the words of the righteous Ecclus. 21. 29. Presents and gifts blind the eyes of the wise Whence it followes that he must not be more oblig'd to one part then the other which is the 19. Law and is also confirm'd Deut. 1. 17. Ye shall not respect persons in Judgment ye shall hear the small as well as the great and in all those places which are brought against respect of Persons XVIII That in the judgement of Fact witnesses must be had which is the 18. Law the Scripture not only confirmes but requires more then one Deut. 17. 6. At the mouth of two witnesses or three witnesses shall he that is worthy of death be put to death The same is repeated Deut. 19. 15. XIX Drunkennesse which we have therefore in the last place numbred among the breaches of the Naturall Law because it hinders the use of right Reason is also forbid in sacred Scripture for the same reason Prov. 20. 1. Wine is a mocker strong drink is raging whosoever is deceived thereby is not wise And Chap. 31. 4 5. It is not for Kings to drink wine lest they drink and forget the Law and pervert the judgement of any of the afflicted but that we might know that the malice of this vice consisted not formally in the quantity of the drink but in that it destroyes Judgement and Reason it followes in the next Verse Give strong drink to him that is ready to perish and wine to those that be heavy of heart Let him drink and forget his poverty and remember his misery no more Christ useth the same reason in prohibiting drunkenesse Luk. 21. 34. Take heed to your selves lest at any time your hearts be overcharg'd with sâ—rsetting and drunkennesse XX. That we said in the foregoing Chapter The Law of Nature is eternall is also prov'd out of the fifth of S. Matth. 18. Verily I say unto you till Heaven and Earth passe one jot or one tittle shall in no wise passe froÌ„ the Law and Psal 119. v. 160. Every one of thy rightcous judgements endureth for ever XXI We also said That the Lawes of Nature had regard chiefly unto Conscience that is that he is just who by all possible endeavour strives to fulfill them And although a man should order all his actions so much as belongs to externall obedience just as the Law commands but not for the Lawes â—ake but by reason of some punishment annext unto it or out of Vain glory yet he is unjust Both these are proved by the Holy Scriptures The first Esay 55. 7. Let the wicked forsake his way and unrighteous man his thoughts and let him return unto the Lod and he wil have mercy upon him and to our God for he will abundantly pardon Ezek. 18. 31. Cast away from you all your transgressions where by you have transgressed make you a new heart and a new spirit for why will you die O house of Israel By which and the like places we may sufficiently understand that God will not punish their deeds whose heart is right The second out of the 29. of Isay 13. The Lord said Forasmuch as this people draw near me with their mouth and with their lips doe honour me but have removed their heart far from me therefore I will proceed c. Mat. 5. 20.
Except your righteousnesse shall exceed the righteousnesse of the Scribes and Pharisees ye shall in no case enter into the Kingdom of Heaven and in the following verses our Saviour explains to them how that the commands of God are broken not by Deeds only but also by the Will for the Scribes and Pharises did in outward act observe the Law most exactly but for Glories sake onely else they would as readily have broken it There are innumerable places of Scripture in which is most manifestly declar'd that God accepts the Will for the Deed and that as well in good as in evill actions XXII That the Law of Nature is easily kept Christ himself declares in the 11. Chapter of Saint Matthew 28 29 30. Come unto me c. Take my yoke upon you and learn of me c. for my yoke is easie and my burthen light XXIII Lastly the Rule by which I said any man might know whether what he was doing were contrary to the Law or not to wit what thou wouldst not be done to doe not that to another is almost in the self same words delivered by our Saviour Mat. 7. 12. Therefore all things whatsoever ye would that men should do unto you do you even so to them XXIV As the law of nature is all of it Divine so the Law of Christ by conversion which is wholly explain'd in the 5 6 and 7. Chapter of S. Matthewes Gospell is all of it also except that one Commandement of not marrying her who is put away for adultery which Christ brought for explication of the divine positive Law against the Jewes who did not rightly interpret the Mosaicall Law the doctrine of Nature I say the whole Law of Christ is explain'd in the fore-named Chapters not the whole Doctrine of Christ for Faith is a part of Christian Doctrine which is not commprehended under the title of a Law for Lawes are made and given in reference to such actions as follow our will not in order to our Opinions and Belief which being out of our power follow not the Will Quisquamne regno gaudet O fallax bonum Quantum malorum fronte quam blanda tegis Necesse est ut multos timeat quem multi timent Auro venexum bibitur expertus loquor DOMINION CHAP. V. Of the causes and first begining of civill Government I. That the Lawes of Nature are not sufficient to preserve Peace II. That the Lawes of Nature in the state of nature are silent III. That the security of living according to the Lawes of Nature consists in the concord of many Persons IV. That the concord of many Persons is not constant enough for a lasting Peace V. The reason why the government of certain bruit creatures stands firm in concord onely and why not of men VI. That not onely consent but union also is required to establish the Peace of men VII What union is VIII In union the Right of all men is conveighed to one IX What civill society is X. What a civill Person is XI What it is to have the supreme power and what to be a subject XII Two kindes of Cities naturall and by institution IT is of it selfe manifest that the actions of men proceed from the will and the will from hope and feare insomuch as when they shall see a greater good or lesse evill likely to happen to them by the breach then observation of the Lawes they 'l wittingly violate them The hope therefore which each man hath of his security and self-preservation consists in this that by force or craft he may disappoint his neighbour either openly or by stratagem Whence we may understand that the naturall lawes though well understood doe not instantly secure any man in their practise and consequently that as long as there is no caution had from the invaâ—ion of others there remains to every man that same primitive Right of selfe-defence by such means as either he can or will make use of that is a Right to all things or the Right of warre and it is sufficient for the fulfiling of the naturall law that a man be prepared in mind to embrace Peace when it may be had II. It is a fond saying That all lawes are silent in the time of warre and it is a true one not onely if we speak of the civill but also of the naturall lawes provided they be referr'd not to the mind but to the actions of men by the third Chapter Act. 29. and we mean such a war as is of all men against all men such as is the meer state of nature although in the warre of nation against nation a certain mean was wont to be observed And therefore in old time there was a manner of living and as it were a certain oeconomy which they called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 living by Rapine which was neither against the law of nature things then so standing nor voyd of glory to those who exercised it with valour not with cruelty Their custome was taking away the rest to spare life and abstain from Oxen fit for plough and every instrument serviceable to husbandry which yet is not so to he taken as if they were bound to doe thus by the law of nature but that they had regard to their own glory herein left by too much cruelty they might be suspected guilty of feare III. Since therefore the exercise of the naturall law is necessary for the preservation of Peace and that for the exercise of the naturall law security is no lesse necessary it is worth the considering what that is which affords such a security for this matter nothing else can be imagined but that each man provide himselfe of such meet helps as the invâ—sion of one on the other may bee rendered so dangerous as either of them may think it better to refrain then to meddle But first it is plain that the consent of two or three cannot make good such a security because that the addition but of one or some few on the other side is sufficient to make the victory undoubtedly sure and hartens the enemy to attacque us It is therefore necessary to the end the security sought for may be obtained that the number of them who conspire in a mutuall assistance be so great that the accession of some few to the enemies party may not prove to them a matter of moment sufficient to assure the victory IV. Farthermore how great soever the number of them is who meet on selfe-defence if yet they agree not among themselves of some excellent means whereby to compasse this but every man after his own manner shall make use of his endeavours nothing will be done because that divided in their opinions they will be an hinderance to each other or if they agree well enough to â—ome one action through hope of victory spoyle or revenge yet afterward through diversity of wits and Counsels or emulation and envy with which men naturally contend they
that all controversies are bred from hence that the opinions of men differ concerning Meum Tuum just and unjust profitable and unprofitable good and evill honest and dishonest and the like which every man esteems according to his own judgement it belongs to the same chiefe power to make some common Rules for all men and to declare them publiquely by which every man may know what may be called his what anothers what just what unjust what honest what dishonest what good what evill that is summarily what is to be done what to be avoyded in our common course of life But those Rules and measures are usually called the civill Lawes or the Lawes of the City as being the Commands of him who hath the supreme power in the City And the CIVILL LAWES that we may define them are nothing else but the commands of him who hath the chiefe authority in the City for direction of the future actions of his Citizens X. Furthermore since the affaires of the City both those of Warre and Peace cannot possibly be all administred by one man or one Counsell without Officers and subordinate Magistrates and that it appertains to Peace and common defence that they to whom it belongs justly to judge of controversies to search into neighbouring counsels prudently to wage war and on all hands warily to attend the benefit of the City should also rightly exercise their offices it is consonant to reason that they depend on and be chosen by him who hath the chiefe command both in War and in Peace XI It is also manifest that all voluntary actions have their beginning from and necessarily depend on the will and that the will of doing or omitting ought depends on the opinion of the good and evill of the reward or punishment which a man conceives he shall receive by the act or omission so as the actions of all men are ruled by the opinions of each wherefore by evident and necessary inference we may understand that it very much concerns the interest of Peace that no opinions or doctrines be delivered to Citizens by which they may imagine that either by Right they may not obey the Lawes of the City that is the commands of that man or Counsell to whom the supreme power is committed or that it is lawfull for to resist him or that a lesse punishment remaines for him that denies then him that yeelds obedience For if one command somewhat to be done under penalty of naturall death another forbids it under pain of eternall death and both by their own Right it will follow that the Citizens although innocent are not onely by Right punishable but that the City it selfe is altogether disolved for no man can serve two Masters nor is he lesse but rather more a Master whom we believe we are to obey for feare of damnation then he whom we obey for feare of temporall death It followes therefore that this one whether Man or Court to whom the City hath committed the supreme power have also this Right That he both * judge what opinions and doctrines are enemies unto peace and also that he forbid them to be taught Judge what opinions c. There is scarce any Principle neither in the worship of God nor humane sciences from whence there may not spring dissentions discords reproaches and by degrees war it selfe neither dâ—th this happen by reason of the falshood of the Principle but of the disposition of men who seeming wise to themselves will needs appear such to all others But though such dissentions cannot be hindered from arising yet may they be restrained by the exercise of the supreme power that they prove no hinderance to the publique peace Of these kind of opinions therefore I have not spoken of in this place There are certain doctrines wherewith Subjects being tainted they verily believe that obedience may be refused to the City and that by Right they may nay ought to oppose and fight against chiefe Princes and dignities Such are those which whether directly and openly or more obscurely and by consequence require obedience to be given to others beside them to whom the supreme authority is committed I deny not but this reflects on that power which many living under other government ascribe to the chiefe head of the Church of Rome and also on that which elsewhere out of that Church Bishops require in theirs to be given to them and last of all on that liberty which the lower sort of Citizens under pretence of Religion doe challenge to themselves for what civill war was there ever in the Christian world which did not either grow from or was nourisht by this Root The judgement therefore of doctrines whether they be repugnant to civill obedience or not and if they be repugnant the power of prohibiting them to be taught I doe here attribute to the civill authority for since there is no man who grants not to the City the judgement of those things which belong to its Peace and defence anâ— it is manifest that the opinions which I have already recited do relate to its Peace it followes necessarily that the examination of those opinions whether they be such or not must be referred to the City that is to him who hath the supreme authority XII Last of all from this consideration that each Citizen hath submitted his Will to his who hath the Supreme Command in the City so as he may not employ his strength against him it followes manifestly that whatsoever shall be done by him who commands must not be punisht for as he who hath not power enough cannot punish him naturally so neither can he punish him by Right who by Right hath not sufficient power XIII It is most manifest by what hath been said That in every perfect City that is where no Citizen hath Right to use his faculties at his owne discretion for the preservation of himselfe or where the Right of the private Sword is excluded there is a Supreme power in some one greater then which cannot by Right be conferr'd by men or greater then which no mortall man can have over himself But that power greater then which cannot by men be conveigh'd on a man we call * ABSOLUTE for whosoever hath so submitted his will to the will of the City That he can unpunisht dâ—e any thing make Lawes judge Controversies set Penalties make use at his own pleasure of the strength and wealth of men and all this by Right truly he hath given him the greatest dominion that can be granted This same may be confirm'd by experience in all the Cities which are or ever have beene for though it be sometimes in doubt what Man or Counsell hath the Chief Command yet ever there is such a Command and alwayes exercis'd except in the time of Sedition and Civill War and then there are two Chiefe Commands made out of one Now those seditious persons who dispute against absolute Authority
Right claime as his own for where all things are common there can be nothing proper to any man it followes that * propriety receiv'd its beginning when Cities receiv'd theirs and that that onely is proper to each man which he can keep by the Lawes and the power of the whole City that is of him on whom its chief command is conferr'd Whence we understand that each particular Citizen hath a propriety to which none of his fellow-Citizens hath Right because they are tyed to the same Lawes but he hath no propriety in which the Chief Ruler whose CoÌ„mands are the Lawes whose wiâ—l contains the will of each man and who by every single person is constituted the Supreme Judge hath not a Right But although there be many things which the City permits to its Citizens and therefore they may sometimes goe to Law against their Chief yet is not that action belonging to Civill Right but to Naturall Equity neither is it concerning what * by Right he may doâ— who hath the Supreme Power but what he hath been willing should be done and therefore he shall be judge himself as though the equity of the cause being well understood he could not give wrong judgment Propriety receiv'd its beginning c. What 's objected by some That the propriety of goods even before the constitution of Cities was found in Fathers of Families that objection is vaine because I have already declar'd That a Family is a little City For the Sonnes of a Family have a propriety of their goods granted them by their Father distinguisht indeed from the rest of the Sons of the same Family but not from the propriety of the Father himself but the Fathers of diverse Families who are subject neither to any common Father nor Lord have a common Right in all things What by Right he may doe c. As often as a Citizen is granted to have an action of Law against the Supreme i. e. against the City the question is not in that action whether the City may by Right keep possession of the thing in controversie but whether by the Lawes formerly made she would keep it for the Law is the declared will of the Supreme since then the City may raise money from the Citizens under tow Titles either as Tribute or as Debt in the former case there is no action of Law allowed for there can be no question whether the City have Right to require Tribute in the latter it is allowed because the City will take nothing from its Citizens by fraud or cunning and yet if need require all they have openly and therefore he that condemnes this place saying That by this doctrine it is casie for Princes to free themselves from their Debts he does it impertinently XVI Theft Murther Adultery and all injuries are forbid by the Lawes of nature but what is to be called Theft what Murther what Adultery what injury in a Citizen this is not to be determined by the naturall but by the civill Law for not every taking away of the thing which another possesseth but onely another mans goods is theâ—… but what is ours and what anothers is a question belonging to the civill Law In like manner not every killing of a man is Murther but onely that which the civill Law forbids neither is all encounter with women Adultery but onely that which the civill Law prohibits Lastly all breach of promise is an injury where the promise it selfe is lawfull but where there is no Right to make any compact there can be no conveighance of it and therefore there can no injury follow as hath been said in the second Chapter Artic. 17. Now what we may contract for and what not depends wholly upon the civill Lawes The City of Lacedâ—mon therefore rightly ordered that those young men who could so take away certain goods from others as not to be caught should â—oe unpunisht for it was nothing else but to make a Law that what was so acquired should be their own and not another Rightly also is that man every where sâ—ain whom we kill in warre or by the necessity of selfe-defence So also that copulation which in one City is Matrimony in another will be judged Adultery Also those contracts which make up Marriage in one Citizen doe not so in another although of the same City because that he who is forbidden by the City that is by that one man or Councell whose the supreme power is to contract ought hath no Right to make any contract and therefore having made any it is not valid and by consequence no Marriage But his contract which received no prohibition was therefore of force and so was Matrimony neither addes it any force to any unlawfull contracts that they were made by an Oath * or Sacrament for those adde nothing to the strenghning of the contract as hath been said above Chap. 2. Artic. 22. What therefore Theft what Murther what Adultery and in generall what injury is must be known by the civill Lawes that is the commands of him who hath the supreme authority That they were made by an Oath or Sacrament c. Whether Matrimony bee a Sacrament in which sense that word is used by some Divines or not it is not my puâ—…pose to dispute Onely I say that the legitimate contract of a man and woman to live together i. e. granted by the civill Law whether it be a Sacrament or not is surely a legitimate Marriage but that copulation which the City hath prohibited is no marriage since it is of the essence of Marriage to be a legitimate contract There were legitimate marriages in many places aâ— among the Jewes the Grecians the Romans which yet might be dissolved but with those who permit no such contracts but by a Law that they shall never be broke Wedlock cannot be dissolved and the reason is because the City hath commanded it to be indissoluble not because Matrimony is a Sacrament Wherefore the ceremonies which at weddings are to be performed in the Temple to blesse or if I may say so to consecrate the husband and wife will peâ—haps belong only to the office of Clergy-men all the rest namely who when and by what contracts Marriages may be made pertains to the Lawes of the City XVII This same supreme command and absolute power seems so harsh to the greatest part of men as they hate the very naming of them which happens chiefly through want of knowledge what humane nature and the civill Lawes are and partly also through their default who when they are invested with so great authority abuse their power to their own lust That they may therefore avoyd this kind of supreme authority some of them will have a City well enough constituted if they who shall be the Citizens convening doe agree concerning certaine Articles propounded and in that convent agitated and approved and doe command them to be observed and punishments prescribed to be
lawfull is a seditious opinion IV. That those who have the supreme power are subject to the civill Lawes is a seditious opinion V. That the supreme power may be divided is a seditious opinion VI. That faith and sanctity are not acquired by study and reason but alwayes supernaturally infused and inspired is aâ— seditious opinion VII That each subject hath a propriety or absolute Dominion of his owne goods is a seditious opinion VIII Not to understand the difference between the People and the Multitude prepares toward sedition IX Too great a Taxe of monies though never so just and necessary prepares toward sedition X. Ambition disposeth us to sedition XI So dâ—th the hope of successe XII Elâ—quence alone without wisdom is the only faculty needfull to raise seditions XIII How the folly of the common people and the eloquntion of ambitious men concur to the destruction of a Common-weale I. HItherto hath been spoken by what causes and Pacts Common-weals are constituted and what the Rights of Princes are over their subjects Now we will briefly say somewhat concerning the causes which dissolve them or the reasons of seditions Now as in the motion of naturall bodies three things are to be considered namely internall disposition that they be susceptible of the motion to be produced the externall Agent whereby a certain and determined motion may in act be produced and the action it selfe So also in a Common-weale where the subjects begin to raise tumults three things present themselves to our regard First the Doctrines and the Passions contrary to Peace wherewith the mindes of men are â—itted and disposed next their quality and condition who sollicite assemble and direct them already thus disposed to take up armes and quit their allegiance Lastly the manner how this is done or the faction it selfe But one and the first which disposeth them to sedition is this That the knowledge of good and â—vili belongs to â—ach single man In the state of nature indeed where every man lives by equall Right and have not by any mutuall Pacts submitted to the command of others we have granted this to be true nay in the first Chapter Article 9. that the civill Lawes were the Rules of good and evill just and unjust honest and dishonest that therefore what the Legislator commands must be held for good and what he forbids for evill and the Legislator is ever that Person who hath the supreme power in the Common-weale that is to say the Monarch in a Monarchy We have confirmed the same truth in the eleventh Chapter Article 2. out of the words of Solomon for if private men may pursue that as good and â—…n that as evill which appears to them to be so to what end serve those words of his Give therefore unto thy servant an understanding heart to judge thy People that I may discern between good and evill Since therefore it belongs to Kings to discerne betweene good and evill wicked are those though usuall sayings that be onely is a King who does righteously and that Kings must not be obeyed unlesse they command us just things and many other such like Before there was any government just and unjust had no being their nature onely being relative to some coÌ„mand and every action in its own nature is indifferent that it becomes just or unjust proceeds from the right of the Magistrate Legitimate Kings therefore make the things they command just by commanding them and those which they forbid unjust by forbidding them but private men while they assume to themselves the knowledge of good and evill desire to be even as Kings which cannot be with the safety of the Common weale The most ancient of all Gods commands is Gen. 2. 15. Thou shalt not eat of the tree of knowledge of good and evill and the most ancient of all diabolicall tentations Chap. 3. vers 5. Yee shall be as Gods knowing good and evill and Gods first expostulation with man vers 11. Who told thee that thou wert naked Hast thou eaten of the tree whereof I coÌ„manded thee that thou shouldest not â—at As if he had said how comest thou to judge that nakedness wherein it seemed good to me to create thee to be shamefull except thou have arrogated to thy selfe the knowledge of good and evill II. Whatsoever any man doth against his conscience is a sinne for he who doth so contemns the Law But we must distinguish That is my sinne indeed which committing I doe beleeve to be my sinne but what I beleeve to be another mans sin I may sometimes doe that without any sin of mine for if I be commanded to doe that which is a sin in him who commands me if I doe it and he that commands me be by Right Lord over me I sinne not for if I wage warre at the Commandement of my Prince conceiving the warre to be unjustly undertaken I doe not therefore doe unjustly but rather if I refuse to doe it arrogating to my selfe the knowledge of what is just and unjust which pertains onely to my Prince They who observe not this distinction will fall into a necessity of sinning as oft as any thing is commanded them which either is or seems to be unlawfull to them for if they obey they sin against their conscience and if they obey not against Right If they sin against their conscience they declare that they fear not the paines of the world to come if they sinne against Right they doe as much as in them lyes abolish humane society and the civill life of the present world Their opinion therefore who teach that subjects sinne when they obey their Princes commands which to them seem unjust is both erroneous and to be reckoned among those which are contrary to civill obedience and it depends upon that originall errour which we have observed above in the foregoing Article for by our taking upon us to judge of good and evill we are the occasion that as well our obedience as disobedience becomes sin unto us III. The third seditious doctrine springs from the same root That a Tyrannicide is lawfull Nay at this day it is by many Divines and of old it was by all the Philosophers Plato Aristoâ—ls Cicero Seneca Plutarch and the rest of the maintainers of the Greek and Roman Anarchies held not only unlawfull but even worthy of the greatest contempt And under the title of Tyrants they mean not onely Monarchs but all those who bear the chief rule in any Government whatsoever for not Pisistratus onely at Athens but those thirty also who succeeded him and ruled together were all called Tyrants But he whom men require to be put to death as being a Tyrant commands either by Right or without Right if without Right he is an enemy and by Right to be put to death but then this must not be called the killing a Tyrant but an enemy if by Right then the divine interrogation takes place Who hath told thee that
Cataline then whom there never waâ— a greater Artist in raising seditions is this That he had great eloquence and little wisdome he separates wisdome from eloquence attributing this as necessary to a man born for commotions adjudging that as an instructresse of Peace and quietnesse Now eloquence is twofold The one is an elegant and cleare expression of the conceptions of the mind and riseth partly from the contemplation of the things themselves partly from an understanding of words taken in their own proper and definite signification the other is a commotion of the Passions of the minde such as are hope fear anger pitty and derives from a metaphoricall use of words fitted to the Passions That forms a speech from true Principles this from opinions already received what nature soever they are of The art of that is Logick of this Rhetorick the end of that is truth of this victory Each hath its use that in deliberations this in exhortations for that is never disjoyned from wisdome but this almost ever But that this kind of powerfull eloquence separated from the true knowledge of things that is to say from wisdome is the true character of them who sollicite and stirre up the people to innovations may easily be gathered out of the work it selfe which they have to doe for they could not poyson the people with those absurd opinions contrary to Peace and civill society unlesse they held them themselves which sure is an ignorance greater then can well befall any wise man for he that knows not whence the Lawes derive their power which are the Rules of just and unjust honest and dishonest good and evill what makes and preserves Peace among men what destroyes it what is his and what anothers Lastly what he would have done to himselfe that he may doe the like to others is surely to be accounted but meanly wisâ— but that they can turn their Auditors out of fools into madmen that they can make things to them who are ill-affected seem worse to them who are well-affected seem evil that they can enlarge their hopes lessen their dangers beyond reason this they have from that sort of eloquence not which explains things as they are but from that other which by moving their mindes makes all things to appear to bee such as they in their mindes prepared before had already conceived them XIII Many men who are themselves very well affected to civill society doe through want of knowledge cooperate to the disposing of subjects mindes to sedition whilst they teach young men a doctrine conformable to the said opinions in their Schooles and all the people in their Pâ—lpits now they who desire to bring this disposition into Act place their whole endeavour in this First that they may joyn the ill affected together into faction and conspiracy next that themselves may have the greatest stroke in the faction They gather them into faction while they make themselves the relators and interpretors of the counsels and actions of single men and nominate the Persons and Places to assemble and deliberate of such things whereby the present government may be reformed according as it shall seem best to their interests Now to the end that they themselves may have the chief rule in the faction The faction must be kept in a faction that is to say they must have their secret meetings apart with a few where they may order what shall afterward be propounded in a general meeting and by whom and on what subject and in what order each of them shall speak and how they may draw the powerfullest and most popular men of the faction to their side and thus when they have gotten a faction big enough in which they may rule by their eloquence they move it to take upon it the managing of affaires and thus they sometimes oppresse the Common-wealth namely where there is no other faction to oppose them but for the most part they rend it and introduce a civill warre for folly and eloquence concurre in the subversion of government in the same manner as the â—able hath it as heretofore the daughters of Palias King of Thessaly conspired with Medea against their father They going to restore the decrepit old man to his youth again by the counsell of Medea they cut him into peeces and set him in the fire to boyle in vain expecting when he would live again So the common people through their folly like the daughters of Palias desiring to renew the ancient government being drawne away by the eloquence of ambitious men as it were by the witchcraft of Medea divided into faction they consume it rather by those flames then they reforme it CHAP. XIII Concerning the duties of them who bear Rule I. The Right of supreme authority is distinguished from its exercise II. The safety of the people is the supreme Law III. It behoves Princes to regard the common benefit of many not the propriety of this or that Man IV. That by safety is understood all manner of conveniencies V. A Querie Whether it be the duty of Kings to provide for the salvation of their Subjects soules as they shall judge best according to their owne consciences VI. Wherein the safety of the people consists VII That discoverers are necessary for the defence of the people VIII That to have souldiers armes garrisons and monies in a readinesse in time of Peace is also necessary for the defence of the People IX A right instruction of subjects in civill doctrines is necessary for the preserving of Peace X. Equall distributions of publick Offices conduces much to the preservation of Peace XI It is naturall equity that monies be taxt according to what every man spends not what he posaesses XII It conduceth to the preservation of Peace to keepe downe ambitious men XIII And to breake factions XIV Laws whereby thriving Arts are cherisht and great costs restrained conduce to the enriching of the Subiect XV. That more ought not to be defined by the Lawes then the benefit of the Prince and his Subiects requires XVI That greater punishments must not bee inflicted then are prescribed by the Lawes XVII Subiects must have Right done them against corrupt Judges I. BY what hath hitherto been said the duties of Citizens and Subjects in any kind of government whatsoever and the power of the supreme Ruler over them are apparent but we have as yet said nothing of the duties of Rulers and how they ought to behave themselves towards their Subjects We must then distinguish between the Right and the exercise of supreme authority for they can be divided as for exaâ—ple when he who hath the Right either cannot or will not be present in judging trespasses or deliberating of affaires For Kings sometimes by reason of their age cannot order their affaires sometimes also though they can doe it themselves yet they judge it fitter being satisfied in the choyce of their Officers and Counsellors to exercise their power by them
Common-weal and on the other side where the goods themselves are taxt there every man while he spends his private goods in the very act of consuming them he undiscernably payes part due to the Common-weal according to not what he hath but what by the benefit of the Realm he hath had it is no more to be doubted but that the former way of commanding monies is against equity and therefore against the duty of Rulers the latter is agreeable to reason and the exercise of their authority XII In the third place we said that that trouble of minde which riseth from ambition was offensive to publique Peace For there are some who seeming to themselves to be wiser then others and more sufficient for the managing of affaires then they who at present doe govern when they can no otherwise declare how profitable their vertue would prove to the Common-weale they shew it by harming it but because ambition and greedinesse of honours cannot be rooted out of the mindes of men it s not the duty of Rulers to endeavour it but by constant application of rewards and punishments they may so order it that men may know that the way to honour is not by contempt of the present government nor by factions and the popular ayre but by the contraries They are good men who observe the Decrees the Lawes and Rights of their Fathers if with a constant order we saw these adorned with honours but the factions punisht and had in contempt by those who bear command there would be more ambition to obey then withstand notwithstanding it so happens sometimes that as we must stroke a horse by reason of his too much fiercenesse so a stiffe neckt subject must be flatter'd for fear of his poweâ— but as that happens when the rider so this when the Commander is in danger of falling But we speak here of those whose authority aund power is intire Their duty I say it is to cherish obedient subjects and to depresse the factious all they can nor can the publique power be otherwise preserved nor the subjects quiet without it XIII But if it be the duty of Princes to restrain the factious much more does it concern them to dissolve and dissipate the factions themselues Now I call a faction a multitude of subjects gathered together either by mutuall contracts among themselves or by the power of some one without his or theirs who bear the supreme Rule A faction therefore is as it were a City in a City for as by an Union of men in the state of nature a City receives its being so by a new union of subjects there ariseth a faction According to this definition a multitude of subjects who have bound themselves simply to obey any forreign Prince or Subject or have made any Pacts or Leagues of mutuall defence between themselves against all men not excepting those who have the supreme power in the City is a faction Also favour with the vulgar if it be so great that by it an Army may be rais'd except publique caution be given either by hostages or some other pledges contains faction in it The same may be said of private wealth if it exceed because all things obey mony Forasmuch therefore as it is true that the state of Cities among themselves is naturall and hostile those Princes who permit factions doe as much as if they received an enemy within their walls which is contrary to the subjects safety and therefore also against the Law of nature XIV There are two things necessary to the enriching of Subjects Laobur and thrife there is also a third which helps to wit the naturall increase of the earth and water and there is a fourth too namely the Militia which sometimes augments but more frequently lessens the subjects stock The two first are only necessary For a City constituted in an Island of the Sea no greater then will serve for dwelling may grow rich without sowing or fishing by merchandize and handicrafts only but there is no doubt if they have a territory but they may be richer with the same number or equally rich being a greater number but the fourth namely the Militia was of old reckoned in the number of the gaining Arâ—s under the notion of Booting or taking prey and it was by mankind disperst by families before the constitution of civill societies accounted just and honourable for preying is nothing else but a warre waged with small forces And great Common-weales namely that of Rome and Athens by the spoyles of warre forraigne tribute and the territories they have purchased by their armes have sometimes so improved the Common-wealth that they have not onely not required any publique monies from the poorer sort of subjects but have also divided to each of them both monies and lands But this kind of increase of riches is not to be brought into rule and fashion For the Militia in order to profit is like a Dye wherewith many lose their estates but few improve them Since therefore there are three things only the fruits of the earth and water Labour and Thrifâ— which are expedient for the enriching of subjects the duty of Commanders in chief shall be conversant onely about those three For the first those lawes will be usefull which countenance the arts that improve the increase of the earth and water such as are husbandry and fishing For the second all Lawes against idlenesse and such as quicken industry are profitable the arâ— of Navigation by help whereof the commodities of the whole world bought almost by labour only are brought into one City and the Mechanicks under which I comprehend all the arts of the most excellent workmen and the Mathemacicall sciences the fountains of navigatory and mechanick employments are held in due esteem and honour For the third those lawes are usefull whereby all inordinate expence as well in meats as in clothes and universally in all things which are consumed with usage is forbidden Now because such lawes are beneficiall to the ends above specified it belongs also to the Office of supreme Magistrates to establish them XV. The liberty of subjects consists not in being exempt from the Lawes of the City or that they who have the supreme power cannot make what Laws they have a mind to but because all the motions and actions of subjects are never circumscribed by Lawes nor can be by reason of their variety it is necessary that there be infinite cases which are neither commanded nor prohibited but every man may either doe or not doe them as he lifts himselfe In these each man is said to enjoy his liberty and in this sense liberty is to be understood in this place namely for that part of naturall Right which is granted and left to Subjects by the civill Lawes As water inclosed on all hands with banks stands still and corrupts having no bounds it spreds too largely and the more passages it findes the more freely it
distinction between Counsel and Law from the difference between Counsell and Command Now COUNSELL is a precept in which the reason of my obeying it is taken from the thing it self which is advised but COMMAND is a precept in which the cause of my obedience depends on the will of the Commander For it is not properly said Thus I will and thus I Command except the will stand for a Reason Now when obedience is yielded to the Lawes not for the thing it self but by reason of the advisers will the Law is not a Counsell but a Command and is defined thus LAW is the command of that Person whether Man or Court whose precept containes in it the reason of obedience as the Precepts of God in regard of Men of Magistrates in respect of their Subjects and universally of all the powerfull in respect of them who cannot resist may be termed their Lawes Law and Counsell therefore differ many ways Law belongs to him who hath power over them whom he adviseth Counsell to them who have no power To follow what is prescribed by Law is duty what by Counsell is free-will Counsell is directed to his end that receives it Law to his that gives it Counsell is given to none but the willing Law even to the unwilling To conclude the right of the Counsellour is made void by the will of him to whom he gives Counsell the right of the Law-giver is not abrogated at the pleasure of him who hath a Law imposed II. They confound Law and Covenant who conceive the Lawes to be nothing else but certain 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or forms of living determined by the common consent of men Amongst whom is Aristotle who defines Law on this manner 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that is to say Law is a speech limited according to the common consent of the City declaring every thing that we ought to doe which definition is not simply of Law but of the Civill Law for it is manifest that the Divine Lawes sprang not from the consent of men nor yet the Lawes of Nature for if they had their originall from the consent of men they might also by the same consent be abrogated but they are unchangeable But indeed that 's no right definition of a Civill Law for in that place a City is taken either for one civill person one will or for a multitude of men who have each of them the liberty of their private wills if for one person those words common consent are ill placed here for one person hath no common consent neither ought he to have said declaring what was needfull to be done but commanding for what the City deolares it commands its Subjects He therefore by a City understood a multitude of men declaring by common consent imagine it a writing confirm'd by Votes some certain formes of living but these are nothing else but some mutuall contracts which oblige not any man and therefore are no Lawes before that a Supreme Power being constituted which can compell have sufficient remedy against the rest who otherwise are not likely to keep them Lawes therefore according to this definition of Aristotle are nothing else but naked and weak contracts which then at length when there is one who by right doth exercise the Supreme Power shall either become Lawes or no Lawes at his will and pleasure Wherefore he confounds Contracts with Lawes which he ought not to have done for Contract is a promise Law a command In Contracts we say I will do this In Lawes Doe this * Contracts oblige us Lawes vie us fast being obliged A Contract obligeth of it self The Law holds the party obliged by vertue of the universall Contract of yeelding obedience Therefore in Contract its first determined what is to be done before we are obliged to doe it But in Law we are first obliged to performe and what is to be done is determined afterwards Aristotle therefore ought to have defined a civill law thus A civill law is a speech limited by the will of the City commanding every thing behoofefull to be done which is the same with that we have given above in the 6. Chap. art 9. to wit that the civill lawes are the command of him whether man or Court of men who is endued with supreme power in the city concerning the future actions of his Subjects Contracts oblige us To be obliged and to be tyed being obliged seems to some men to be one and the same thing and that therefore here seems to be some distinction in words but none indeed More cleerly therefore I say thâ—… That a man is obliged â—y his contracts that is that he ought to performe for his promise sake but that the Law tyes him being obliged that is to say it compells him to make good his promise for fear of the punishment appointed by the Law III. They confound Lawes with Right who continue still to doe what is permitted by divine Right notwithstanding it be forbidden by the civill Law That which is prohibited by the divine Law cannot bee permitted by the civill neither can that which is commanded by the divine Law be prohibited by the civill notwithstanding that which is permitted by the divine Right that is to say that which may be done by divine Right doth no whit hinder why the same may not be forbidden by the civill Lawes for inferiour Lawes may restrain the liberty allowed by the superiour although they cannot enlarge them now naturall liberty is a Right not constituted but allowed by the Lawes For the Lawes being removed our liberty is absolute This is first restrained by the naturall and divine Lawes the residue is bounded by the civill Law and what remains may again be restrained by the constitutions of particular Towns and Societies There is great difference therefore between Law and Right For Law is a setter Right is freedome and they differ like contraries IV. All Law may be divided first according to the diversity of its Authors into Divine and humane the Divine according to the two wayes whereby God hath made known his will unto men is twofold naturall or morall and positive naturall is that which God hath declared to all men by his eternall word borne with them to wit their naturall Reason and this is that Law which in this whole book I have endeavoured to unfold Positive is that which God hath revealed to us by the word of Prophesie wherein he hath spoken unto men as a man Such are the Lawes which he gave to the Jewes concerning their government and divine worship and they may be termed the Divine civill Lawes because they were peculiar to the civill government of the Jewes his peculiar people Again the naturall Law may be divided into that of Men which alone hath obtained the title of the I aw of nature and that of Cities which may be called that of Nations but vulgarly it is termed the Right of Nations The precepts
Law to take away other mens goods they commanded that these goods should not bee accounted other mens but their own who took them and therefore such surreptions were no thefts In like manner copulations of heathen Sexes according to their Lawes were lawfull marriages XI It s necessary to the essence of a Law that the Subjects be acquainted with two things First what man or Court hath the supreme power that is to say the Right of making Lawes Secondly what the Law it self sayes for he that neither knew either to whom or what he is tyed to cannot obey and by consequence is in such a condition as if he were not tyed at all I say not that it is necessary to the essence of a Law that either one or the other be perpetually known but onely that it be once knowne and if the Subject afterward forget either the Right he hath who made the Law or the Law it self that makes him no lessâ— tyed to ohey since he might have remembred it had he had a will to obey XII The knowledge of the Legislator depends on the Subject himselfe for the right of making Lawes could not be conferr'd on any man without his owne consent and covenant either exprest or suppos'd exprest when from the beginning the Citizens doe themselves constitute a forme of governing the City or when by promise they submit themselves to the Dominion of any one or suppos'd at least as when they make use of the benefit of the Realme and Lawes for their protection and conservation against others for to whose Dominion we require our fellow Subjects to yeeld obedience for our good his Dominion we acknowledge to be legitimate by that very request and therefore ignorance of the power of making Lawes can never be a sufficient excuse for every man knowes what he hath done himselfe The knowledge of the lawes depends on the Legislator who must publish them for otherwise they are not Lawes for Law is the command of the Law-maker and his command is the Declaration of his Will it is not therefore a Law except the will of the Law-maker be declar'd which is done by promulgation Now in promulgation two things must be manifest whereof one is that he or they who publish a Law either have a right themselves to make Lawes or that they doe it by authority deriv'd from him or â—hem who have it the other is the sense of the Law it selfe Now that the first namely publisht Lawes proceed from him who hath the supreme command cannot be manifest speaking exactly and philosophically to any but them who have received them from the mouth of the Commander the rest beleeve but the reasons of their beliefe are so many that it is scarce possible they should not believe And truly in a Democratical City where every one may be present at the making of Laws if he will he that shall be absent must beleeve those that were present but in Monarchies and Aristocraties because it s granted but to few to be present and openly to heare the commands of the Monarch or the Nobles it was necessary to bestow a power on those few of publishing them to the rest And thus we beleeve those to be the Edicts and Decrees of Princes which are propouÌ„ded to us for such either by the writings or voices of them whose office it is to publish them But yet when we have these causes of beliefe that we have seen the Prince or supreme Councell constantly use such Counsellors Secretaries publishers and scales and the like arguments for the declaring of his will that he never took any authority from them that they have bin punisht who not giving credit to such like promulgations have transgrest the Law not onely he who thus believing shall not obey the Edicts and Decrees set forth by them is every where accus'd but he that not believing shall not yield obedience is punisht for the constant permission of these things is a manifest signe enough and evident declaration of the Commanders will provided there be nothing contain'd in the Law Edict or Decree derogatory from his supreme power For it is not to be imagin'd that he would have ought taken from his power by any of his Officers as long as he retaines a will to governe Now the sense of the law when there is any doubt made of it is to be taken from them to whom the supreme authority hath committed the knowledge of causes or Judgements for to judge is nothing else then by interpretation to apply the lawes to particular cases now we may know who they are that have this Office granted them in the same manner as we know who they be that have authority given them to publish Laws XIV Againe the civill law according to its two fold manner of publishing is of two sorts written unwritten By written I understand that which wants a voice or some other signe of the will of the â—egislator that it may become a Law For all kind of Laws are of the same age with mankinde both in nature and time and therefore of more antiquity then the invention of letters and the Art of writing wherefore not a writing but a voice is necessary for a written law this alone is requisite to the being that to the Remembrance of a Law for we reade that before letters were found out for the help of memory that Lawes contracted into Meetre were wont to be sung The unwritten is that which wants no other publishing then the voice of nature or naturall reason such are the lawes of nature For the naturall Law although it be distinguisht from the civill for as much as it commands the Will yet so farre forth as it relates to our actions it is civill for example this same Thou shalt not covet which onely appertaines to the minde is a naturall Law onely but this Thou shalt not invade is both naturall and civill for seeing it is impossible to prescribe such universall Rules whereby all future contentions which perhaps are infinite may be determined it s to be understood that in all cases not mentioned by the written lawes the law of â—aturall equity is to be followed which commands us to distribute equally to equals and this by the vertue of the civill law which also punisheth those who knowingly and willingly doe actually transgresse the lawes of nature XV. These things being understood it appeares first That the Lawes of Nature although they were describ'd in the Books of some Philosophers are not for that reason to be termed Written lawes and that the Writings of the Interpreters of the Lawes were no Lawes for want of the Supreme Authority nor yet those orations of the Wise that is to say Judges but so farre forth as by the consent of the Supreme power they part into custome and that then they are to be received among the Written lawes not for the Customes sake which by its own force doth not
not having any other Gods for in that consists the essence of the Covenant made with Abraham by which God requires nothing else but that he should be his God and the God of his seede Also the Precept of keeping holy the Sabbath for the Sanctification of the seventh day is instituted in memoriall of the six dayes Creation as appeares out of these words Exod. 31. ver 16 17. It is a perpetuall Covenant meaning the Sabbath and a signe betweene me and the Children of Israel for ever for in sixe dayes the Lord made Heaven and Earth and on the seventh day he rested and was refreshed Of the third kind are the Politique judiciall and Ceremoniall lawes which onely belong'd to the Jewes The lawes of the fiâ—st and second sort written in Tables of stone to wit the Decalogue was kept in the Ark it selfe The rest written in the volume of the whole Law were laid up in the side of the Arke Deut. 3. ver 26 For these retaining the faith of Abraham might be chang'd those could not XI All Gods Lawes are Gods Word but all Gods Word is not his Law I am the Lord thâ— God which brought thee out of the Land of Aegypt is the word of God 〈…〉 is no Law Neither is all that which for the better deolaring of Gods Word is pronounc't or written together with it instantly to be taken for Gods Word For Thus saith the Lord is not the voice of God but of the Preacher or Prophet All that and onely that is the word of God which a true Prophet hath declar'd God to have spoken Now the writings of the Prophets comprehendng as well those things which God as which the Prophet himselfe speaks are therefore called the word of God because they containe the word of God Now because all that and that alone is the Word of God which is recommended to us for such by a true Prophet it cannot be knowne what Gods Word is before we know who is the true Prophet nor can we beleeve Gods Word before we beleeve the Prophet Moyses was beleev'd by the People of Israel for two things His Miracles and his Faith for how great and most evident Miracles soever he had wrought yet would they not have trusted him at least he was not to have beene trusted if he had call'd them out of Aegypt to any other worship then the worship of the God of Abraham Isaac and Jacob their Fathers For it had beene contrary to the Covenant made by themselves with God In like manner two things there are to wit supernaturall Praediction of things to come which is a mighty miracle and Faith in the God of Abraham their deliverer out of Aegypt which God propos'd to all the Jews to be kept for marks of a true Prophet He that wants either of these is no Prophet nor is it to be receiv'd for Gods word which he obtrudes for such If Faith be wanting he is rejectin these words Deut. 13. ver 1 2 3 4 5. If there arise among you a Prophet or a dreamer of dreams and giveth thee a signe or a wonder and the signe or the wonder come to passe whereof he spake unto thee saying Let us goe after other Gods c. That Prophet or that dreamer of dreames shall be put to death If Praediction of events be wanting he is condemn'd by these Deut. 18. ver 21 22. And if thou say in thine heart how shall we know the word which the Lord hath not spoken When a Prophet speaketh in the name of the Lord if the thing follow not nor come to passe that is the thing which the Lord hath not spoken but the Prophet hath spoken it presumptuously Now that that is the word of God which is publisht for such by a true Prophet and that he was held to be a true Prophet among the Jewes whose faith was true and to whose praedictions the events answer'd is without controversie but what it is to follow other Gods and whether the events which are affirm'd to answer their praedictions doe truly answer them or not may admit many controversies specially in praedictions which obscurely aenigmatically foretell the Event such as the praedictions of almost all the Prophets are as who saw not God apparently like unto Moyses but in darke speechâ—s and in figures Numb 12. ver 8. But of these we cannot judge otherwise then by the way of naturall reason because that Judgment depends on the Prophets interpretation and on its proportion with the Event XII The Jewes did hold the booke of the whole Law which was called Deuteronomie for the written word of God and that onely forasmuch as can be collected out of sacred history untill the Captivity for this booke was deliver'd by Moyses himselfe to the Priests to be kept and layd up in the side of the Ark of the Covenant and to be copyed out by the Kings and the same a long time after by the authority of King Josiah acknowledg'd againe for the Word of God 2 Kings 23. ver 2. But it is not manifest when the rest of the books of the Old Testament were first receiv'd into Canon but what concernes the Prophets Isaiah and the rest since they foretold no other things then what were to come to passe either in or after the Captivity their writings could not at that time be held for Prophetique by reason of the Law cited above Deut. 18. ver 21 22. Whereby the Israelites were commanded not to account any man for a true Prophet but him whose Prophecies were answer'd by the events And hence peradventure it is that the Jewâ— esteem'd the writings of those whom they slew when they Prophesied for Prophetique afterward that is to say for the word of God XIII It being known what Lawes there were under the old Covenant and that Word of God receiv'd from the beginning we must farthermore consider with whom the authority of judging whether the writings of the Prophets arising afterward were to be receiv'd for the Word of God that is to say whether the Events did answer their praedictions or not and with whom also the authority of interpreting the Lawes already receiv'd and the written Word of God did reside which thing is to be trac't through all the times and severall changes of the Commonwealth of Israel But it is manifest that this power during the life of Moyses was intirely in himselfe for if he had not been the Interpreter of the Lawes and Word that office must have belong'd either to every private person or to a congregation or Synagogue of many or to the High-Priest or to other Prophets First that that office belong'd not to private men or any Congregation made of them appeares hence that they were not admitted nay they were prohibited with most heavy threats to heare God speake otherwise then by the means of Moyses for it is written Let not the Priests and the people break through to come up unto the Lord lest
able enough to interpret those books of antiquity in the which Gods word is contained and that for this cause it is not reasonable that this office should depend on their authority he may object as much against the Priests and all mortall men for they may erre and although Priests were better instructed in nature and arts then other men yet Kings are able enough to appoint such interpreters under them and so though Kings did not themselves interpret the word of God yet the office of interpreting them might depend on their authority and they who therefore refuse to yeeld up this authority to Kings because they cannot practise the office it selfe doe as much as if they should say that the authority of teaching Geometry must not depend upon Kings except they themselves were Geometricians We read that Kings have prayed for the People that they have blest the people that they have consecrated the Temple that they have commanded the Priests that they have removed Priests from their office that they have constituted others Sacrifices indeed they have not offered for that was hereditary to Aaron and his sonnes but it is manifest as in Moyses his life time so throughout all ages from King Saul to the captivity of Babylon that the Priesthood was not a Maistry but a Ministry XVII After their returne from Babylonian bondage the Covenant being renewed and sign'd the Priestly Kingdome was restor'd to the same manner it was in from the death of Ioshuah to the beginning of the Kings excepting that it is not expresly set downe that the return'd Jewes did give up the Right of Soveraignty either to Esdras by whose directions they ordred their State or to any other beside God himselfe That reformation seemes rather to be nothing else then the bare promises and vowes of every man to observe those things which were written in the booke of the Law notwithstanding perhaps not by the Peoples intention by virtue of the Covenant which they then renewed for the Covenant was the same with that which was made at Mount Sinai that same state was a Priestly Kingdome that is to say the supreme civill authority and the sacred were united in the Priests Now howsoever through the ambition of those who strove for the Priesthood and by the interposition of forraigne Princes it was so troubled till our Saviour Iesus Christs time that it cannot be understood out of the histories of those times where that authority resided yet it 's plaine that in those times the power of interpreting Gods Word was not severed from the supreme civill power XVIII Out of all this we may easily know how the â—ewes in all times â—om Abraham unto Christ were to behave themselves in the Commands of their Princes for as in Kingdomes meerly humane men must obey a subordinate Magistrate in all things excepting when his Commands containe in them some Treason so in the Kingdome of God the Iâ—weâ— were bound to obey their Princes Abraham Isaac Jacob Moyses the Priest the King every one duâ—…ng â—heir time in all things except when their commands did containe some treason against the Divine Majesty Now treason against the Divine Majesty was first the deniall of â—is divine providence for this was to deny God to be a King by nature next Idolatry or the worship not of other for there is but one God but of strange Gods that is to say a worship though of one God yet under other Titles Attributes and Rites then what were establisht by Abraham and Moyses for this was to deny the God of Abraham to be their King by Covenant made with Abraham and themselves in all other things they were to obey and if a King or Priest having the Soveraign authority had commanded somewhat else to be done which was against the Lawes that had been his sinne and not his subjects whose duty it is not to dispute but to obey the Commands of his superiours Of the Kingdome of God by the new Covenant I. The Prophesies concerning Christs Dignity II. The Prophesies coneerning his Humility and Passion III. That Jesus was THAT CHRIST IV. That the Kingdome of God by the new Covenant was not the Kingdome of Christ as Christ but as God V. That the Kingdome by the new Covenant is heavenly and shall beginne from the day of Judgment VI. That the government of Christ in this world was not a Soveraignty but Counsell or a government by the way of doctrine and perswasion VII What the promises of the new Covenant are on both parts VIII That no Lawes are added by Christ beside the institution of the Sacraments IX Repent ye be baptized keep the Commandements and the like forms of speech are not Lawes X. It pertains to the civill authority to define what the sinne of injustice is XI It pertains to the civill authority to define what conduces to the Peace and defence of the City XII It pertains to the civill authority to judge when need requires what definitions and what inferences are true XIII It belongs to the Office of Christ to teach morally not by the way of speculation but as a Law to forgive sinnes and to teach all things whereof there is no science properly so called XIV A distinction of things temporall from spirituall XV. In how many seveverall sorts the word of God may be taken XVI That all which is contained in holy Scripture belongs not to the Canon of Christian Faith XVII That the word of a lawfull Interpreter of holy Scriptures is the word of God XVIII That the authority of interpreting Scriptures is the same with that of determining controversies of Faith XIX Divers significations of a Church XX. What a Church is to which we attribute Rights Actions and the like personall Capacites XXI A Christian City is the same with a Christian Church XXII Many Cities do not constitute one Church XXIII Who are Ecclesiasticall Persons XXIV That the Election of Ecclesiasticall Persons belongs to the Church their consecration to Pastors XXV That the power of remitting the sinnes of the penitent and retaining those of the impenitent belongs to the Pastors but that of judging concerning repentance belongs to the Church XXVI What Excommunication is and on whom it cannot passe XXVII That the Interpretation of Scripture depends on the authority of the City XXVIII That a Christian city ought to interpret Scriptures by Ecclesiasticall Pastors I. THere are many cleare prophesies extaâ—…t in the old Testament concerning our Saviour Jesus Christ who was to restore the Kingdome of God by a new Covenanâ— partly foretelling his regall Dignity partly his Humility and Passion Among others concerning his Dignity these God blessing Abraham â—akes him a promise of his sonne Isaac and â—ddes And Kings of People shall be of him Gen 17. vers 15. Jacob blessing his sonne Judah The Scepter quoth be shall not depart from Judah Gen. 49. vers 10. Gâ—d to Moyses A Prophet saith he will I raise them up from
of God after this life there will be no Lawes partly because there is no roome for Lawes where there is none for sinne partly because Laws were given us from God not to direct us in Heaven but unto Heaven Let us now there fore enquire what Laws CHRIST establisht not himselfe for he would not take upon him any Legislative authority as hath been declared above in the sixth Article but propounded to us for his Fathers Wee have a place in Scripture where he contracts all the Lawes of God publisht till that time into two Preceps Thou shalt love the Lord thy God with all thine heart with all thy soul and with all thy minde this is the greatest and first Commandement And the second is like unto it Thou shalt love thy Neighboâ—r as thy selfe On these two Commandements hangs all the Law and the Prophets Mat. 22. vers 37 38 39 40. The first of these was given before by Moyses in the same words Deut. 6. vers 5. And the second even before Moyses for it is the naturall Law having its begining with rationall nature it selfe and both together is the summe of all Lawes for all the Lawes of divine naturall worship are contained in these words Thou shalt love God and all the Lawes of divine worship due by the old Covenant in these words Thou shalt love thy God that is to say God as being the peculiar King of Abraham and his seed and all the Lawes naturall and civill in these words Thou shalt love thy Neighbour as thy selfe for he that loves God and his neighbour hath a minde to obey all Lawes both divine and humane But God requires no more then a minde to obey Wee have another place where CHRIST interprets the Lawes namely the â—ifth sixth and seventh entire Chapters of Saint Mutthewes Gospell But all those Lawes are set down either in the Decalogue or in the morall Law or are contained in the faith of Abraham as that Law of not putting away a wife is contained in the faith of Abraham for that same Two shall be one flesh was not delivered either by CHRIST first or by Moyses but by Abraham who first publisht the Creation of the world The Lawes therefore which CHRIST contracts in one place and explaines in another are no other then those to which all mortall men are obliged who acknowledge the God of Abraham Beside these we read not of any Law given by CHRIST beside the institution of the Sacraments of Baptisme and the Eucharist IX What may be said then of these kinde of Precepts Repent Be Baptized Keep the Commandements Beleeve the Gospell Come unto me Sâ—ll all that thou hast give to the poor follow me and the like We must say that they are not Lawes but a calling of us to the faith such as is that of Isa Come buy wine and milk without monie and without Price Isai 55. veâ—s 1. neither if they come not doe they therefore sinne against any Law but against prudence onely neither shall their infidelity be punisht but their former sinnes Wherefore Saint John saith of the unbeleever The wrath of God abideth on him he saith not The wrath of God shall come upon him And He that beleeveth not is already judged he saith not shall be judged but is already judged Nay it cannot be well conceived that remission of sinnes should be a benefit arising from faith unlesse we understand also on the other side that the punishment of sinnes is an hurt proceeding from infidelity X. From hence that our Saviour hath prescribed no distributive Lawes to the Subjects of Princes and Citizens of Cities that is to say hath given no rules whereby a Subject may know and discerne what is his owne what another mans nor by what formâ— words or circumstances a thing must be given delivered invaded possest that it may be known â—y Right to belong to the Receiver Invader or Possessour we must necessarily understand that each single subject not only with unbeleevers among whom CHRIST himselfe denyed himselfe to be a judge and distributer but even with Christians must take those rules from his City that is to say from that Man or Councell which hath the supreme power It followes therefore that by those Lawes Thou shalt not kill Thou shalt not commit adultery Thou shalt not stealâ—â— Honour thy Father and Mother nothing else was commanded but that Subjects and Citizens should absolutely obey their Princes in all questions concerning Meum Tuum their own and others Right for by that Precept Thou shalt not kill all sâ—…ughter is not prohibited for he that said Thou shalt not kill said also Whosoever doth work upon the Sabbath shall be put to death Exod 35. vers 2. No nor yet all slaughter the cause not being heard for he said Slay every man his Brother and every man his Companion and overy man his Neighbour Exâ— 32. v. 27. And there fell of the People about three thousand men v. 28. Nor yet all slaughter of an innocent Person for Iephte vowed Whosoever cometh forth c. I will offer him up for a burnt offering unto the Lord Jud. 11. vers 31. and his vow was accepted of God What then is forbidden Onely this that no man kill another who hath not a Right to kill him that is to say that no man kill unlesse it belong to him to doe so The Law of CHRIST therefore concerning killing and consequently all manner of hurt done to any man and what penalties are to be set commands us to obey the City only In like manner by that Precept Thou shalt not commit adultery all manner of Copulation is not forbidden but only that of lying with another manâ— wife but the judgment which is another mans wife belongs to the City and is to be determined by the rules which the City prescribes This precept therefore commands both male and female to keep that faith intire which they have mutually given according to the statutes of the City So also by the precept Thou shalt not steal all manner of invasion or secret surreption is not forbidden but of another mans only The subject therefore is commanded this only that he invade not nor take away ought which the City prohibits to be invaded or taken away and universally not to call any thing murder adultery or theft but what is done contrary to the civill Lawes Lastly seeing CHRIST hath commanded us to honour our Parents and hath not prescribed with what Rites what appellations and what manner of obedience they are to be honoured it is to be supposed that they are to be honoured with the will indeed and inwardly as Kings and Lords over their Children but outwardly not beyond the Citties permission which shall assign to every man as all things else so also his honour But since the nature of justice consists in this that every Man have his own given him its mauifest that it also belongs to a Christian City to determine what
is justice what injustice or a sinne against justice Now what belongs to a City that must be judged to belong to him or them who have the Soveraigne power of the City XI Moreover because our Saviour hath not shewed Subjects any other Lawes for the government of a City beside those of nature that is to say beside the Command of obedience no Subject can privately determine who is a publique friend who an enemy when Warre when Peace when Truce is to be made nor yet what Subjects what authority and of what men are commodious or prejudiciall to the safety of the Common-weale These and all like matters therefore are to be learned if need be from the City that is to say from the Soneraign powers XII Furthermore all these things to build Castles Houses Temples to move carry take away mighty weights to send securely over Seas to contrive engines serving for all manner of uses to be well acquainted with the face of the whole world the Courses of the Starres the seasons of the yeare the accounts of the times and the nature of all things to understand perfectly all naturall and civill Rights and all manner of of Sciences which comprehended under the Title of Philosophy are necessary partly to live partly to live well I say the understanding of these because CHRIST hath not delivered it is to be learnt from reasoning that is to say by making necessary consequences having first taken the beginning from experience but mens reasonings are sometimes right sometimes wrong and consequently that which is concluded and held for a truth is sometimes truth sometimes errour now errours even about these Philosophicall points doe sometimes publique hurt and give occasions of great seditions and injuries It is needfull therefore as oft as any controversie ariseth in these matters contrary to publique good and common Peace that there be some body to judge of the reasoning that is to say whether that which is inferred be rightly inferred or not that so the controversie may be ended But there are no rules given by CHRIST to this purpose neither came he into the world to teach Logick It remaines therefore that the Iudges of such controversies be the same with those whom God by nature had instituted before namely those who in each City are constituted by the Soveraign Moreover if a controversie be raised of the accurate and proper signification i. e. the definition of those names or appellations which are commonly us'd in so much as it is needfull for the peace of the City or the distribution of right to be determin'd the determination will belong to the City for men by reasoning doe search out such kind of definitions in their observation of diverse conceptions for the signification whereof those appellations were us'd at divers times and for divers causes but the decision of the question whether a man doe reason rightly belongs to the City For Example If a woman bring forth a Child of an unwonted shape and the Law forbid to kill a man the question is whether the Childe be a man It is demanded therefore what a man is No man doubts but the City shall judge iâ— and that without taking an account of Aristotles definition that man is a rationall Creature And these things namely Right Politie and naturall Sciences are Subjects concerning which CHRIT denies that it belongs to his Office to give any Praecepts or teach any thing beside this onely that in all Controversies about them every single Subject should obey the Lawes and determinations of his City Yet must we remember this that the same Christ as God could not onely have taught but also commanded what he would XIII The summe of our Saviours Office was to teach the way and all the meanes of Salvation and aeternall life but Iustice and civill obedience and observation of all the naturall Lawes is one of the meanes to Salvation now these may be taught two wayes one as Theorems by the way of naturall reason by drawing Right and the natural Lawes from humane Principles and contracts and this Doctrine thus deliver'd is subject to the censure of civill powers The other as Lawes by divine authority in shewing the will of God to be such and thus to teach belongs onely to him to whom the Will of God is supernaturally knowne that is to say to Christ Secondly it belong'd to the Office of Christ to forgive sinnes to the Penitent for that was necessary for the Salvation of men who had already sinn'd neither could it be done by any other for remission of sinnes followes not Repentance naturally as a Debt but it depends as a free gift on the will of God supernaturally to be reveal'd Thirdly it belongs to the Office of Christ to reach all those Commandements of God whether concerning his worship or those points of faith which cannot be understood by naturall reason but onely by revelation of which nature are those that he was the Christ that his Kingdome was not terrestriall but celestiall that there are rewards and punishments after this life that the soule is immortall that there should be such and so many Sacraments and the like XIV From what hath beene sayed in the foregoing Chapter it is not hard to distinguish betweene things Spirituall and Temporall for since by Spirituall those things are understood which have their foundation on the authority and Office of CHRIST and unlesse CHRIST had taught them could not have beene known and all other things are temporall it followes that the definition and determination of what 's just and unjust the cognizance of all controversies about the meanes of Peace and publique defence and the Examiuation of doctrines and books in all manner of rationall science depends upon the temporall Right but those which are mysteries of faith depending on CHRIT his word and authority onely their judgements belong to spirituall Right But it is reasons inquisition and pertaines to temporall Right to define what is spirituall and what temporall because our Saviour hath not made that distinction For although Saint Paul in many places distinguish betweene spirituall thiugs and carnall things and calls those things spirituall which are of the spirit to wit the word of wisdome the word of knowledge saith the gift of healing the working of miracles Prophesie divers kindes of tongues interpretation of tongues Rom. 8. 5. 1 Cor. 12. 8 9. All supernaturally inspired by the Holy Ghost and such as the carnall man understands not but he only who hath known the mind of CHRIST 2. Cor. 2. 14 15 16. And those things carnall which belong to worldly wealth Rom. 15. 27. And the men carnall men 1 Cor. 3. vers 1 2 3. yet hath he not defined nor given us any rules whereby we may know what proceeds from naturall reason what from supernaturall inspiration XV. Seeing therefore it is plain that our Saviour hath committed to or rather not taken away from Princes and those who
nature 135 CHAP. XVI Of his government by the old Covenant 261 CHAP XVII Of his government by the new Covenant 287 CHAP. XVIII Of those things which are necessary for our entrance into the Kingdom of Heaven 339 Rex est qui posuit metus Et diri mala poctoris Quom non ambitioâ—…potâ—ns Et nun quam stabilis fauor Vulgi praecipitis mouet Qui tuto positus â—oco Infra se viâ—et omnia Philosophicall Elements OF A true Citizen LIBERTY CHAP. I. Of the state of men without Civill Society I. The Introduction II. That the beginning of Civill Society is from mutuall fear III. That men by nature are all equall IV. Whence the will of Mischieving ariseth V. The Discord arising from comparison of Wills VI. From the Appetite many have to the same thing VII The definition of Right VIII A right to the end gives a right to the means necessary to that end IX By the right of nature every man is judge of the means which tend to his own preservation X. By Nature all men have equall right to all things XI This right which all men have to all things is unprofitable XII The state of men without civill society is a meere State of Warre The definitions of Peace and Warre XIII War is an adversary to mans preservation XIV It is lawfull for any man by naturall right to compell another whom he hath gotten in his power to give caution of his future obedience XV. Nature dictates the seeking after Peace I. THe faculties of Humane nature may be reduc'd unto four kinds Bodily strength Experience Reason Passion Taking the beginning of this following Doctrine from these we will declare in the first place what manner of inclinations men who are endued with these faculties bare towards each other and whether and by what faculty they are born apt for Society and so preserve themselves against mutuall violence then proceeding we will shew what advice was necessary to be taken for this businesse and what are the conditions of Sâ—ciety or of Humane Peace that is to say changing the words onely what are the fundamentall Lawes of Nature II. The greatest part of those men who have written ought concerning Common-wealths either suppose or require us or beg of us to believe That Man is a Creature * born sit for Society The Greek call him 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and on this foundation they so build up the Doctrine of Civill Society as if for the preservation of Peace and the Government of Man-kind there were nothing else necessary then that Men should agree to make certaine Covenants and Conditions together which themsâ—lves should then call Lawes Which Axiom though received by most is yet certainly False and an Errour proceeding from our too slight contemplation of Humane Nature for they who shall more narrowly look into the Causes for which Men come together and delight in each others company shall easily find that this happens not because naturally it could happen no otherwise but by Accident For if by nature one Man should Love another that is as Man there could no reason be return'd why every Man should not equally Love every Man as being equally Man or why he should rather frequent those whose Society affords him Honour or Profit We doe not therefore by nature seek Society for its own sake but that we may receive some Honour or Profit from it these we desire Primarily that Secondarily How by what advice Men doe meet will be best known by observing those things which they doe when they are met For if they meet for Traffique it 's plaine every man regards not his Fellow but his Businesse if to discharge some Office a certain Marketfriendship is begotten which hath more of Jealousie in it then True love and whence Factions sometimes may arise but Good will never if for Pleasure and Recreation of mind every man is wont to please himself most with those things which stirre up laughter whence he may according to the nature of that which is Ridiculous by comparison of another mans Defects and Infirmities passe the more currant in his owne opinion and although this be sometimes innocent and without offence yet it is manifest they are not so much delighted with the Society as their own Vain glory But for the most part in these kind of meetings we wound the absent their whole life sayings actions are examin'd judg'd condemn'd nay it is very rare but some present receive a fling before they part so as his reason was not ill who was wont alwayes at parting to goe out last And these are indeed the true delights of Society unto which we are carryed by nature i. e. by those passions which are incident to all Creatures untill either by sad experience or good precepts it so fall out which in many never happens that the Appetite of present matters be dul'd with the memory of things past without which the discourse of most quick and nimble men on this subject is but cold and hungry But if it so happen that being met they passe their time in relating some Stories and one of them begins to tell one which concernes himselfe instantly every one of the rest most greedily desires to speak of himself too if one relate some wonder the rest will tell you miracles if they have them if not they 'l fein them Lastly that I may say somewhat of them who pretend to be wiser then others if they meet to talk of Philosophy look how many men so many would be esteem'd Masters or else they not only love not their fâ—llowes but even persecute them with hatred So clear is it by experience to all men who a little more narrowly consider Humane affaires that all free congress ariseth either from mutual poverty or from vain glory whence the parties met endeavour to carry with them either some benefit or to leave behind them that same 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 some esteem and honour with those with whom they have been conversant The same is also collected by reason out of the definitions themselves of Will Good Honour Profitable For when we voluntarily contract Society in all manner of Society we look after the object of the Will i. e. that which every one of those who gather together propounds to himselfe for good now whatsoever seemes good is pleasant and relates either to the senses or the mind but all the mindes pleasure is either Glory or to have a good opinion of ones selfe or referres to Glory in the end the rest are Sensuall or conducing to sensuality which may be all comprehended under the word Conveniencies All Society therefore is either for Gain or for Glory i. e. not so much for love of our Fellowes as for love of our Selves but no society can be great or lasting which begins from Vain Glory because that Glory is like Honour if all men have it no man hath it for they consist in comparison and