the Father may alter them and the Son sell them Primogeniture being so sacred a thing that Esau was said to be a despiser of his Gen. 25. 34. birthright that he set it at a price to save his life and being due by the Law of Nature he could not transfer it to Jacob by any act of his yet was it just with God because he despised it to transfer it to Jacob. 17. The submission to the will of one Man or one Council then becomes the Cap. 5. art 7. will of them all when every one of them obliges himself by pact to one another not to resist the will of this Man or this Council to which he hath submitted himself Observ Here is nothing to pass or to be transferred from one Man to another and therefore here can be no pact and here I would fain know how to bind and to be bound can be the same thing which Mr. Hobbs here makes But every Man binds himself forsooth and therefore every Man may when he will disoblige himself for unumquodque dissolvi potest eo ligamine quo ligatum est 18. The Right of punishing is then to be understood to be given to any one Cap. 6. art 5. when every one doth covenant that he will afford no help to him who shall be punished Observ What power of life or death is here any more then if a company of Men contract one with another that they will afford Mr. Hobbs no relief if another Man will kill maim or punish Mr. Hobbs that then this Man hath a power over Mr. Hobbs his life and person and this Right forsooth he will call gladium justitiae Art 6. 19. Having made the Temporal power to have its origination from the Inventions Pacts Wills and policies of Men he makes it Judge of all Cap. 6. art 11. Doctrins and Opinions of Faith and this from convenience for saies he If one may command any thing upon pain of Temporal death and another forbids it upon penalty of eternal death it will follow not only innocent Citizens may be punished but the City it self be dissolved for no Man can serve two Masters Observ I would know how this granted could Christianity be preached when the Temporal Laws every where did forbid it Our Savior saies Whoso hateth not Father and Mother and Wife and Children and Brethren St. Luke 14. â—6 St. Math. 10. 28. and Sisters yea and his own life he cannot be my Disciple And if Temporal powers command any thing contrary to the Laws of God we ought not to feare them that can kill the Body but are not able to kill the Soul but rather to feare him who is able to destroy both Body and Soul in Hell 'T is true indeed no Man can serve two Masters who may with equall Right command the same thing but a Man may serve two Masters who do not with equal Right command the same thing as a Tenant who owes Homage to his Lord is the Lords Man of life and limb and of earthly worship and ought to be true and faithful to him saving Littleton Hom. cap. 1. the Faith he owes to his Soveraign Lord the King and so every servant ought to obey his Master in all things which do not contradict Gods nor his Country-Laws and so ought every Man to submit himself to Temporal powers in all things if they be not repugnant to Gods Laws And let any Man see whether the whole scope of this Article be not to make all Faith and Religion as well as Society a meer invention and policy of Man and humane constitution and Creature of a Creature nor is the danger he makes so much to be feared for Ecclesiastical Powers have nothing to do with Secular jurisdictions 20. There are some doctrines held he saies by which Citizens are impowered Annot. art 11. Cap. 6. to deny Obedience to the Civitas and to fight against Supreme Princes and Powers and that by Right yea it behoves them and this belongs to the power which many do attribute to the Prince of the Church of Rome in aliena Civitate and to the power also which Bishops otherwhere out of the Church of Rome ascribe to themselves Observ I do not know nor did ever hear that any Bishops out of the Church of Rome did ever ascribe to themselves this Power Nor are there any Bishops in the Western Churches of Christendom out of England Ireland Sodorensis Episcopus and the Isle of Man if those in Scotland were not which is a question and sure this Hierarchy never challenged any such Power But why does this Man take such care for peace and quiet when as by his own principles he justifies all the actions of the League in France against Henry the fourth for Henry the third never gave nor sold the French Monarchy to Henry the Cap. 9 art 13. fourth nor did the Duke of Mayne and his party upon the death of Henry the third oblige themselves by pacts one to another that the will of Henry the fourth should be the will of them all 21. It is most manifestly false and contrary to the practice of the Cap. 5. art 9. whole world where Men are not condemned to slavery that servants have Cap. 8. art 5. no property against their Masters for where servants are not slaves they may both sue or implead and be sued or impleaded nay they may sue their Masters for Debt or not performance of Covenants c. 22. Where he makes the Fathers power not to arise from Generation but Cap. 9. art 1. that Art 7. Children are subject to their Father no otherwise then Servants are subject to their Masters is so wild and groundless an opinion that it is not worth an answering 23. It is he saies a seditious opinion that Faith and Sanctity are not acquired Cap. 12. art 6. by reason and study but alwaies supernaturally infused and inspired and yet he saies Cap. 18. Art 4. prope finem There is but one way to Science i. e. by definitions but this way to Faith does hurt Observ How these two are consistible I do not understand 24. Jus is contrary to Lex Cap. 14. art 2. prope finem Observ Therefore by the 4. Axiom lib. 1. Euclid Jus naturae is contrary to Lex naturae By Art 1. cap. 4. Lex naturalis est Lex divina And therefore by Art 2. cap. 14. Lex divina is contrary to Jus divinum which is most abominable Blasphemy Nay he says * Cap. 8 ar 10. and oftentimes in hi. s Preface Jus divinum positivum is the Scripture and here Lex divina positiva to be the Scripture So that he makes contraries to signifie the same thing Observ Lex naturae cannot be contrary to Jus divinum nor different but only in this Jus divinum is an absolute right in God to will or command any thing to be a Law of Nature and
right faith to him Christ himself first sang the Lords Prayer and taught it his Disciples And that godly Prayer is made up of seven petitions which whosoever shall not counterfeitly but from his heart speak speaks with God himself of all those things which are necessary to this life and the life to come How then can any man with any reason pray to God from his soul unless he believes on God and inwardly hath a right faith For he that will not learn these things after death shall neither partake of any part of rest with Christians neither alive shall he be admitted to the Eucharist nor lastly shall be deemed worthy the name of a Christian man Nay it shall not be lawful for him to answer for any one in Baptism or before the Bishop in Confirmation unless he shall learn these and throughly con them That deadly sins be avoided 23. And we teach that every man does alwaies and carefully avoid all dangerous and deadly sins and if he by chance offend by the impulse of the Devil let him make amends therefore by the instruction of the Priest And among these Avoutery Cap. 24. And we teach that every one as long as he lives does avoid all Avoutry and forbidden lust and breach of wedlock That men be fearful of the dreadful Judgment 25. And we teach that the fear of God may alwaies so sink into the souls of men that days and nights they may fear punishments for their sins and dread the day of Judgment and be affrighted for the torments of Hell continually think of the last day of their life That Bishops and Priests faithfully perform their duties 26. Truly Bishops are Gods proclaimers and Interpreters of Gods law It is their part openly to set forth the benefit of Divine things and expose themselves by well living an example to imitate and they who will may give their ears and mind to these things He is a bad Keeper who will not defend his Flock at least with his voice if he can do no more against him who shall go about to spoil it And there is one most hurtful Devil of all other who alwaies mightily endeavors to bring destruction upon the souls of men Wherefore it will be expedient that Pastors watch ward and proclaim to the people what dangers hang over them from their mighty adversaries and that they be provided against them We call Bishops and Priests Pastors to whom it belongs by teaching and doctrine to look to and defend the flock of the Lord lest at any time the Wolf enflamed by rage and wickedness should bite and tear them with his teeth But yet if any one will shut his ears against the Divine precepts and admonitions be it between God and himself and let the Name of God be alwaies praised To whom be all praise glory and honor world without end Amen Among the Humane Laws so stiled of Canutus I find these inserted Of Casting out of Witches and Sorcerers 4. And we command that this our Dition be every where purged and cleansed from all deadly wickedness And if Witches Fortune-tellers secret Murderers or any Common Bawds be any where taken in our Kingdom let them be banished out of the confines of it or in the Kingdom unless they become of a better mind and mend their manners let them be put to a vile death Who will not obey right and Divine and Humane Laws unless they repent and make abundant satisfaction be commanded to be banished c. Of abolishing the Superstition of the Gentiles 5. We plainly forbid all Heathenish Adoration It is barbarous Worship whether any one worship Idols viz. the Gods of the Gentiles the Sun the Moon Fire or Running water Fountains or Stones or any kind of Trees or Wood or hath observed the superstition of Witches c. Although at any time no leave is given for Injustice yet without doubt Iniquity is most forbidden upon Holy daies and in Holy places and by how much a man is richer and placed in dignity above other men by so much more abundantly shall he make amends to God and men for wrong done And how he shall compensate to God we refer to the precepts out of Scripture and to Men as is set down in Humane laws Of killing a Minister of the Altar Cap. 36. If any of them who serve at the Altar be killed of any man let that man be excluded out of the patronage of all Divine and Humane laws unless together with banishment he make abundant satisfaction for that wickedness and give satisfaction to the Kindred of him who was killed or at least together with sufficient men who may be sworne wash out all suspition of the crime And this satisfaction ought to be made to God and men within thirty daies upon the penalty of the forfeiture of all he hath Vide Para. 9. of the antecedent Chap. 37. Vide Para. 10. of the antecedent Chap. 38. Of Arresting or beating one in Orders 39. 39. If any one shall imprison beat or use a man bound to God ignominiously let him make amends as is meet Let him pay to the Bishop for the dignity of his order a mulct by the name of * * Cleansing the Altar 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and to the Lord or King full satisfaction for breach of the Peace or at least wash out the crime with a full and perfect excuse Of a man Ordained guilty of Death 40. If any one in Holy Orders be guilty of Death let him be taken and held to what punishment shall be inflicted upon him by the Bishop Of a man condemned who desires a Confessor 41. If any man condemned to death freely desires a Confessor to confess his sins let it be granted him But if any one shall deny it him let him pay the King an hundred and twenty shillings or at least purge himself from the crime and have five men joined with him and be himself the sixth Of observing Sunday and Festivals 42. No man as much as possible can be condemned for any crime unless he did resist or flee shall be put to death upon a Sunday but shall be kept bound until the feast be passed If any Freeman work upon a Holy day then let him stand in the pillory and give satisfaction to God as it shall be commanded him If a Servant do any work let him be beaten or be put into fear of beating for it If a Master command his Servant unwilling to work upon a Festival let him be fined to his Servant and the Servant free for the time to come And if the Master be a Dane let him pay the mulct of the Law-breaking An Englishman shall be fined according to the nature of the fact or excuse it That men observe Lent and Festivals 44. If a man break Lent by Fighting Marriage Rapine or by committing any other wickedness let his compensation be double The
have Election in their Actions Passions to inform their Will viz. appetitus timor and that they take information from both these is evident to any man for there is no Creature that pursues any Appetition but apprehending danger forbears it It is observed of the Fox that whensoever hunted to ground he never comes out but at the mouth of the Burrow he lies and vents a while and afterwards for some space runs directly into the wind and if he vents any thing which causes fear returns to ground again Having been much addicted to hunt the Fox I have observed that many times when the Fox hath been hunted to ground and watched to be taken he hath not come out further then the mouth of the Burrow if he vented the watcher who therefore lies down the wind and hath continued sometime five or six nights in the ground until he hath been almost starved whereas at no time if he were not watched but he came out that night And after they were taken they would not of a long time eat in sight of any man how hungry soever until they became so habituated to men that they apprehended no danger from them So Deer do naturally desire to eat Apples but if approaching they vent them to have been handled by man they forsake them and flee away affrighted And so all other Creatures upon apprehension of danger cease to pursue their appetite Thus we see in Creatures irrational among themselves when they rage most in their lust and appetite yet give way to them by whom they are overcome And from hence it is I conceive that irrational Creatures are not onely reclaimed from their natural fierceness but are taught to do those things which they have no appetite or natural inclination to by cunningly insinuating danger to them upon their not doing them and that this must be done by insinuation and cunning and not by outward force onely is evident for the most furious and robust man is not the best horse-breaker and pacer 29. Aristotle Eth. Lib. 3. Cap. 7. makes Virtue and Vice to be sited in the power of Man and therefore that Legislators may justly punish Vices Man is a free Lord of all his Actions and reward Virtues and that all exhortation to Virtue and dehortation from Vice were vain and ridiculous if it were not in the power of Man Yet truly I am rather of Plato's opinion who makes Virtue to be from Meno a higher cause then is in Man For though I do assent to Aristotle that all punishment for disobeying or transgressing Laws and Exhortation there unto were vain and ridiculous if it were not in our power to do them yet is it not the doing or not doing of things commanded or forbidden by them who have a right to command or forbid them a Virtue but the doing or not doing them in such a formality as they are so commanded or forbidden which makes them virtues which must needs proceed from a higher cause then is in man or can be taught him As if a Prince commands another to do something which he ought to do he does it but takes a reward or bribe from another to do it I say this is not virtue in the Agent because he did it not as commanded but bribed Whereas another does his duty without reward and it may be to his much temporal detriment this is virtue and must needs be from some higher cause then is to be found ordinarily in men 30. All Creatures have Souls but not Mindes Other living Creatures What is the Minde and whether to be found in Creatures irrational as well as Men have vegetative Souls The Minde is sometime taken for the Will rightly informed from the Understanding and Reason Plato Meno Sometime for the Understanding Arist Eth. lib. 6. c. 6. Sometime for Reason or Counsel as we say oft times My minde gives me that such a thing is or is not And Virgil. Aenead Nostram nunc accipe mentem In each sense this is proper onely to intellectual and rational Creatures Aristotle Pol. lib. 1. cap. 5. makes the animus or vegetative Soul to have dominion over the body of a Man or other Creature as a Master of a Family over his Servants who is notwithstanding commanded and in the power of the King or Civitas but the Minde or the Will informed from the Understanding and Reason to have the dominion not onely over the body but also over the sensual or vegetative Soul as a King or Civitas hath over the Masters of Families 31. Man therefore being endowed not onely with a vegetative Soul Mans Actions are more free then other Creatures void of reason which is common to all Creatures as well as Man but with a minde superior to it his actions are so much more free then other Creatures by how much more liberty he hath to make election but other Creatures actions can take information onely from their appetites and fears whereas a Man in all his actions may consult and take information from his Understanding and Reason 32. Sin is an omission or transgression of some Law but unreasonable Onely Mans Actions are sinful Creatures not having any other Law then their appetite and fear and their actions being always conformable to them they never sin But man does not always conform his actions to what he understands to be just and forbears those things which he understands and his Reason tells him he ought not to do Therefore onely Mans actions are sinful 33. It is true that Aristotle says That the minde of Man hath the dominion What are Actions and not voluntary of all his actions and passions as a King or Civitas hath over his subjects Yet many times the King cannot restrain the disorders of his Subjects nor the minde always the passions of a man And there is a Knowledge in irrational Creatures as the Ox knows his owner and the Ass his Masters Crib and the whole body of them is but the organ or instrument of their vegetative Soul And there is mad Dogs and Horses as well as men where therefore madness so far seizes upon Men or other Creatures as they know not what they do such actions are not voluntary Nor is this onely in men frantick and not compotes mentium but oftentimes in men well disposed as excess of grief or joy many times transports them into sudden and violent motions or actions which is not in their power to restrain But these actions being ignorantly done by the definition are not voluntarily done and by consequence not sinful 34. Memory is that faculty of the soul in living creatures which retains What is the Memory If Aristotle had said there is nothing in the memory which was not before in the senses I should have assented to it I do much wonder Aristotle and the Doctor should affirm that experience is subsequent to memory and is from multiplied memory whereas it is impossible but
will run upon Scylla shall split himself against Charybdis and he makes jus to be the same thing with libertas and Cap. 1. art 7. the foundation of juris naturalis to be that every Man as much as he can may defend his life and members And Natura dedit unicuique jus in omnia Grotius Art 10. Lib. 2. cap. 2. Para. 2. saies Erant omnia communia indivisa omnibus veluti unum cunctis patrimonium Which is all one and the same thing differently expressed Thus far these Wits jump we shall see them far enough asunder by and by But Mr. Hobbs no where tells us when this Jus Naturale was in the world sure it was when Apes could speak and Owls sing They both agree too that this was a time when there was no Government or subordination of Men nor Women for ought I can find under one another before Men had made Government by giving up their will to any Man or Court Mr. Hobbs calls this time Status merè naturalis Grotius Status Cap. 1. art 10. Lib. 2. cap. 2. Part. 2. qui durare non potuit A little before he says Quod quisque arripuerat id ei eripere alter nisi per injuriam non poterat Mr. Hobbs says It was not at all Cap. 1. art 10. profitable to Men that they had such a common Right in all things for the effect of that Right is almost the same as if there had been no Right at all For although a Man might say of every thing This is mine yet he could not enjoy it because of his Neighbour who with equal right and force here the Wits begin to disagree might pretend the same thing to be his Nay Mr. Hobbs goes further and is so far from supposing it an injury to take any thing from any Man in the state of pure Nature that he makes this state hostile and Art 2. Art 3. Cap. 3. art 4. that Men may kill one another and yet do them no injury And the reason he gives for it is That injury is done only to him with whom we have made a Contract otherwise it is only damage any Man can do to another Observ Here we see these Wits plainly to differ next bout we shall see them removed as far as Gades is from Ganges Grotius defines a Li. 1. cap. 1. para 10. Jus naturale to be Dictatum rectae rationis à Deo ipso immutabile Mr. Hobbs b Cap. 2. art 1. defines Legem naturalem non esse consensum hominum sed dictamen rectae rationis And c Cap. 3. art 3. Leges naturae sunt immutabiles The Laws of Nature are immutable and d Art 31. the same with the Moral Law Here Men begin to speak and the Apes to hold their peace But Mr. Hobbs e Cap. 14. art 3. makes Jus not only different but also contrary to Lex And therefore Mr. Hobbs his Lex naturae is contrary to Grotius his Jus naturae and both immutable And now would I fain see some wiser man then either of these reconcile these two Wits It is a miserable condition Grotius makes all Governors to be in that they cannot make any Law which gives Property to any of the governed nor indeed for ought I can see can there be any Government by this mans grounds for he confounds the relations but that this Law must be against that Right which God conferred upon Mankind generally after the Creation and Flood and is so unalterable that it cannot be changed no not by God himself Let us see whether our Author can reconcile these two but for my part I much fear him because I do not take him to be so great a Master of Reason nor so Book-learned as either of the other two He in Ground 6. makes Jus or Justum Right or Due to be when a man puts himself and his Promissary into a rank of agencie and patiencie upon a new score And supposeth in the next Ground a Company of Men without Government whom forsooth he calls a Rational Multitude but most absurdly not considering where there is no Government there can be no Law and where there is no Law there can be no Property no meum or tuum he makes the Individuals of this Rational Multitude to abound with many goods and to want others the love of which and the fear of losing them are his chief reasons why Government is necessary Observ But it may be the reason why these men agree no better here is because they are in the dark where there is no Government Well we will see how they agree when they have the light of Government And first Whether may the Subject resist Authority or Government We will begin with our Author because we left before with him Our Author tells us Ground 14. In what cases it is rational not only to resist but also to depose Government What those cases are I cannot tell He that has nothing to do may look and see But his last Grounds are Neither Lawyers nor Divines are Judges in those cases So then it seems only the Devil our Author and they who be less book-learned then himself are He tells us wherein the Liberty of the Subject consists He ties up his Ground 15. Ground 8. Ground 11 12. Supreme Trustee to such Laws as the People entrust him withall and yet gives him leave to do whatsoever he thinks good Observ The Governor and Governed are here in a very sweet and secure harmony but no doubt our Author will judge both the one and the other very righteously and uprightly Grotius de bello subditorum in superiores states the question In the five Lib. 1. cap. 4. para 1. next Paragraphs seems to be in the Negative but in the seventh Paragraph he makes it a weighty question Where there is Supreme Necessity For Certain laws of God says he although they be generally pronounced have a tacite exception of highest necessity Which thing was defined concerning the law of the Sabbath by the Wise men in the times of the Hasamonaeans from whence came that proverb Periculum animae impellit Sabbatum which may be understood The danger of the soul necessitateth a Sabbath or the danger of the soul destroys the Sabbath Observ Grotius here is for the destruction or he is like to have small relief from this proverb And Judas as Synesius says gives this reason of his neglect of the Sabbath Grotius 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 We were brought into most certain danger of our lives Which exception is proved by Christ himself as also in the other law of not eating the Shewbread Observ And yet all this in this case will afford Grotius but small relief For sins are twofold either as they are omitted or committed Gods commands are omitted or transgressed either as they refer to God individually or where they are omitted or transgressed to the wrong or injury
Hypocrites to whom alwaies our Saviour pronounceth woes We find but small consort yet between these three Our Author makes it Rational for Subjects to resist and depose Grotius seems not to think so both by the precepts of God and the practice of the Primitive Christians unless a King goes about to destroy all his Subjects Yet too he saies Gods precepts many of them though generally pronounced have a tacite exception in case of highest necessity Observ But how shall I know whether in this and therefore it is much better to obey then venture to break Gods positive command But Mr. Hobbs makes a subjection of Body and Souls absolutely where God reigns not by Covenant and there too by distinguishing between things necessary and not necessary to Salvation Since there is so much contest about the power of the People let us see what these three understand by the People Mr. Hobbs understands by Annot. art 1. cap. 6. the People the Civitas which commands wills and does by the Will of one Man or by the agreeing Wills of more Men which otherwise cannot be done in an Assembly Grotius no where that I know of defines what he means by People But our Author in the seventh Ground when there is no Government makes them a Rational Multitude and when they have made themselves a Government then forsooth to be a People Salus populi suprema lex is when the safety of the people or Subject is in danger then the supream Governor is not to take notice of any Mans particular interest whatsoever he has sworn to the contrary as when an Invasion c. is made though the King at his Coronation has sworn not to oppress nor take without their consents from any of his Subjects any thing which any of his Subjects hold of him or any of his Predecessors yet rather then an Enemy shall be relieved by any of his particular Subjects to the endangering of the rest he then may destroy it for the safety of the people is the highest Law and the end of all Government is the preservation of the Subjects in general and in such cases the lesser evil is to be chosen and no Laws but will suffer a mischief rather then undergoe an inconvenience And therefore could not the Dictator be questioned for any thing done during his Dictatorship because of the danger of the people and so the Romans alwaies understood this Maxim of Salus Populi suprema lex Let us see whether these Men leave Posterity in any better condition then they make the present Age and see how they agree about succession and whether a Kingdom may be aliened by the present King or he name his successor Here we must look upon Grotius either naturally or relatively and yet too as neither As he is naturally a Hogan Mogan he makes the King an Usufructuary only and then he saies he can alter nothing Lib. 2. cap. 6. Para. 11. at all neither in part nor in the whole And sometime like a Mercenary stipendary to Lewis the 13. against all his precedent grounds of the power of the People and of Kings having originally all their Power from the contracts and agreement of the People which yet does not cease their power he makes neither King nor People judge of succession for he saies the People have Lib. 2. cap. 7. Para. 27. transferred all jurisdiction from themselves upon the King and his family neither during that have the People any relicts of it and yet he makes it a very hard question whether the People may alter succession as to them who are not yet born and determineth it affirmatively in these words Quare si Lib. 2. cap. 4. Para. 10. populus à cujus voluntate jus regnandi proficiscitur voluntatem mutet iis qui nondum nati sunt ut quibus jus quaesitum nondum est nullam facit injuriam and the reason he gives forsooth is a very sorry one and a similitude Ejus qui nondum natus est nullum esse jus sicut nec ulla sunt accedentia rei non existentis Nay he does not stay here but goes on and saies sicut autem populus expresse mutare voluntatem potest ita tacite credi mutasse But who shall be Judge of this implicite Faith he saies not one word Because of the damnable consequents which must needs follow from this determination we will examine all the parts of it He almost every where makes a great stir with populus populus vult populus mutare potest voluntatem expresse tacite but never that I can any where find defines what the People is If he had said the People of Rome or the People of Athens or the People of Syracuse he had said something though nothing to his purpose For when a Man speaks of the People of Rome or Athens c. he speaks not formally of Men as born in the Roman or Athenian territories but as men who were civitate donati which it may be were not the tenth part of the Romans or Athenians nor were ever the Roman Athenian or Syracusan People free People jure naturali as he saies but by Civil sanction having made themselves so unjustly usurping dominion over the rest in their Tyranny and Dominions It cannot be then that Grotius means by People such People as were the Romans or Athenians If by People he means any thing in the world for above this 1700 years there have not been any such upon the face of the earth if the Inhabitants of Switzerland be not such who taking advantage from the remiss Government of Wenceslaus having beaten the Archduke Leopoldus about the year 1400 made themselves a Democracy and have almost ever since continued Mercenary Man-killers to the interests of the Pope the Kings of France and Spain Grotius then not meaning such People as were the Romans c. I cannot imagine what he should mean by People unless he means Men Women and Children of all ages and conditions all of them in a parity or equal condition abstracted from all Laws of God or Man and what a Harmony of Confessions would arise from such a rour any sober wise Man may judge Thus much for his populus Observ Well but be the People what it will a beast or no beast a thing or nothing it is from its will all right of reigning proceeds a cujus voluntate jus regnandi proficiscitur What all Right of Governing or Regal Power proceed from the People faith let Grotius or any of his followers shew ever since the beginning of the world any King made by the People and I will grant him all the rest be it what it will But see whether Grotius hath not a forked tongue or not here and in twenty places more with Notandums c. he makes all Regal Power to be from the wills of the People In his Epistle to Lewis the 13. he saies How beautiful how glorious how joyful to your Conscience will
4. has to 6. he supposes Lex to have to Aequitas and what proportion 8. has to 12. which is the same with 4. to 6. has Legis actio to Judicis officium and what proportion 4. has to 8. has the Law to the action of the Law and what proportion 6. has to 12. which is the same with 4. to 8. viz. double has Equity to the office of the Judge He has indeed taken four numbers out of which Arithmetical and Harmonical proportion may be taken as 4. 8. 12. is in Arithmetical proportion and 6. 8. 12. is in Harmonical but 4. 6. 8. 12. is in Geometrical proportion Harmonical proportion is when three numbers are so ordained that the proportion of the greatest number to the least is the same with the differences between the two greater and the two lesser As in these three numbers 6. 8. 12. the proportion between 12. the greatest number and 6. the least number is double and the difference between 12. and 8. the greater numbers is 4. and between 8. and 6. the lesser numbers is 2. and 4. is the double of 2. And therefore 6. 8. 12. are in Harmonical proportion 8. to 6. is in proportione sesquitertia a It self and a third part for 4. is 3. and a third part of 3. which makes Diatessaron or a fourth Note in Musick 12. to 8. is in proportione sesquialtera b It self and half as much 12. is 8. and half 8. which makes Diapente or a fifth Note in Musick 12. to 6. is dupla proportio a Diapason or an Eight All other Notes are in proportione sesquioctava c It self and an eight part as 72. contains 64. an eight part of 64. Suppose Ela 64. D-la-sol is 72. Bfa-bemi is a fourth from Ela inclusively 85â…“ Alamire is a fifth it self and half so much 96. Elami is an eight from Ela 128. double to Ela. Multiply 64. and you may take the Gamut infinitely in rational numbers without fractions as from 512. and so forward Nor can Harmonical or Musical mediety consist in four terms or numbers as Bodin would have it But if either Justice Equity or Harmony be comprehended in the Writings of these three terms Grotius Hobbs and White then let me never expect Justice but from a Committee nor Equity but from the University of Bethlem and be eternally doomed to the Noise that is made at the Yelling of Tom Sternholds Psalms To what a condition here would these men reduce Mankind For what a condition are men in where there are no Laws To what purpose are Laws where there are not they who may bear rule Parum est nisi sunt qui possint jura gerere And who would look for Rulers out of these mens Writings where men must cut one anothers throats to find them and when they are found then must men subject themselves to them either body and soul actively and not passively only that is suffer when in their consciences they dare not act or else to obey so long as the fickle and inconstant Multitude will pretend a necessity of rebelling or resisting or judge it rational to resist and depose and so to the old trade of cutting throats again Whether this thing or that thing this man or that man be Supreme And after all this shall the poor Hobnail be no wiser nor in any better but much worse condition then he was before It is rarely seen that where men are not content with those Heirs See Sir Edw. Coke Instit 3. p. 35 36. which God gives them that God does bless those men which are put in the place of such Heirs But without all question where Subjects are not content with what Soveraign God gives them God did scarce ever bless any such as they made to themselves And let any sober man consider into what a miserable condition such Subjects or People have brought themselves For they must needs live in continual fear lest the true Heir should recover his right against him whom they have set up But suppose that there be no fear that ever the right Heir should come into his place yet they have given a president to all Posterity not to submit to this whom they have set up For why in reason should Posterity be obliged to obey this whenas they were not bound to obey the right Heir Neither was Subjects condition under Monarchy ever so bad but the endeavoring to reform it by force of Arms has made it much worse The examples of this are infinite It is usual therefore where Subjects have taken up Arms and deposed Government to alter the Species of their Government For this if the Government be converted from Monarchy into any other See Mr. Hobbs Annotation upon the 3. Article of the 10. Chap. De Cive FINIS POSTSCRIPT The Observators charge against his Adversaries grounds and superstructure wherein they all agree SInce there is so little harmony between these Three in their superstructure not only to one another but also to themselves it would make any man suspect if there were nothing else that their grounds were false We will therefore before we state our own principles and superstructure set down theirs and shew wherein they all agree and wherein we differ And 1. Herein do all my three Adversaries and I differ They all say that by Nature all men are in a like equal condition and out of society until by voluntary pacts and acts of their will they shall have formed themselves into society I say that men are by Nature born into society and subordination To warrant this I have not only the consent of the present Age but the constant practice of all Ages in the world from the testimonies of all Prophane and Sacred History and that not only since the Flood but before if God made Adam an universal Monarch as well over his wife and children as over all other creatures and that that there was a constant succession of the Patriarchs in the First-born from Seth to Noah Whereas none of them can give testimony of one man in the world that ever lived out of Society or tell when or who first violated Nature so as to introduce it and from whence it hath ever since continued all over the world against the right of Nature 2. They say All power in Government was originally in the People I say that for above three thousand years after the Creation excepting the Locedemonian Duarchy was no Government but only Monarchy nor was there any of them derived from the People And that wheresoever since the Creation the People did assume to themselves the Supremacy they did it by unjust usurpation Beside Nature I have almost infinite places in Sacred Writ to warrant that all Supreme power is from God immediately They no colour of any one 3. They making men by Nature to be out of society and by acts of their wills to be in society make Nature to be depending and subservient
an Intellectual creature 3. All Virtue is either Theological Moral Humane Familistical How manifold is Virtue Personal or Prudential 4. Virtue being by the definition the Dictate of Right reason from From whence Theological virtue is derived some superior cause or notion Theological virtue is a Dictate of Right reason from some revelation of God in the Scriptures which otherwise had been impossible for any man by the light of humane nature to have attained to By Theological virtues I do not mean only those three most eminent virtues of Faith Hope and Charity but all those actions of obedience due to them who have oversight of me in the Lord as a Christian and to whom I owe my obedience not by any Law of Nature but as commanded by God in the Scriptures 5. Moral Virtues are those Dictates of Right reason which flow from What are Moral virtues and from whence derived What are Humane virtues and from whence caused What are Familistical virtues What are Personal virtues that light of Nature engraven in the minds of Men for the conservation of peace and society among Men so long as they live in this world 6. Humane Virtues are those Dictates of Right reason by which Subjects Wives and Children conform their actions to the Laws or Precepts of Supreme powers Husbands and Parents 7. Familistical Virtues are those actions of Servants done in conformity to the commands of the Masters of Families 8. Personal Virtues are those actions which are dictated to divers men from principles of innate good nature of Temperance Continency Patience Liberality and Frugality whose contrary extremes are vices and sins 9. Prudential Virtues are not dictated from any Divine or Humane What are Prudential virtues and from whence derived Laws but from some Principles known to the understanding which are more or less as men are more or less intelligible whereby some Princes govern more prudently then others and some Masters of families govern their servants more prudently then others And these Virtues have not reference only to the government of Men but to other actions as Prudence in managing of an Estate is a Virtue or in mens governing their actions so that they are esteemed and not despised by other men are Virtues yet these actions are no where commanded or forbidden by any Divine or Humane Laws These Virtues are always placed in Empire not in Obedience 10. God having made Man a rational creature and endued him with The ratio finalis of all virtues and how they differ First of Theological virtues an immortal Soul capable of eternal happiness hath revealed himself supernaturally in the Scriptures to Men as reasonable creatures so that they directing their actions conformable to his precepts therein contained might by faith or believing on him hope for eternal happiness 11. The end of all Moral Virtue is that men may preserve peace and The end of Morality society so long as they live in this world And God hath made Man a sociable creature as well as intellectual and rational and therefore hath engraven these eternal and immutable Laws of Nature in the minds of all mortal men that by conforming their actions thereunto they might preserve peace and society with men And though these of themselves are not sufficient to pully man up to eternal happiness yet let no man hope that despising these Laws of the great God of Nature upon a pretended Faith he shall ever attain it 12. But because the Law of Nature does oftentimes command in Thesi The end of humane virtue only and Humane Laws ex Hypothesi as Thou shalt not steal and shalt give every man his due is from the Law of Nature but that this thing is mine and that thing another mans is by positive Humane laws So though Moral virtues be always the same yet Humane virtues differ accordingly as Laws in divers places are different Thus it is a Moral virtue in Wives and Children to honor and obey their Husbands and Parents but as a Humane virtue the doing of such a thing may be Virtue at one time and Vice at another as it is commanded or forbidden by the Husband or Parents So that Humane virtues in Subjects Wives and Children are necessary to the conservation of society where the laws or principles of such actions are not plainly repugnant to Divine laws 13. The end of all Familistical virtue is that Servants by all just and The end of Familistical virtues lawful means intend the good of their Masters and make no dissentions or discontents in their Families 14. God having made man after his own image as well in body as in The end of Personal virtues soul for He that sheds mans blood by man shall his blood be shed for in the image of God made he man It is not therefore to be expected that any man should without sin against God abuse the highest and noblest part of Gods creation All men therefore in the first place ought by all just and lawful means to do well to themselves and not by any excess or intemperance to abuse that body which God hath made in his own image 15. Theological virtues relate to the attaining of Eternal happiness The difference between Theological Moral Humane Familistical and Personal virtues Moral Humane and Familistical to the conservation of society and peace in their several places Personal virtues to the preservation of that body which God hath entrusted every man with keeping so long as he lives We have spoken of the end and difference of Prudential virtues Parag. 9. 16. In all prudent and profitable actions Prudentis est fortunam semper Whether just and moral actions or virtues are to be enquired into by fortune as are Prudential in concilio adhibere But that man who directs his just and moral actions to Fortune or the time and tide of mens affections shall soon be accounted a Weathercock and Time-server In all prudent actions or virtues there is no other obligation or penalty more then the reward or profit of the action and loss for the folly of imprudent actions But in just and moral actions men must consider their duties not profit and are obliged to them notwithstanding temporal loss or trouble CHAP. IV. Of Particular Moral Virtues 1. SInce that the Law of Nature is That there is one God infinitely Religion is the first and chief of Moral Virtues good to be worshipped and served and that all men should in their several stations endeavor by all just and lawful means to preserve Peace and Society in this World Then is Religion or the Publick Worship and Service of a Deity the first and chief of all Moral Virtues and so conspicuous was this Virtue in all ages and places to good men by the Light of Nature onely that it was always their first care to be in a Society of Men where God however misplaced in an Oak Osiris Iris Jupiter Apollo
your souls sad rather then instructed you with sound and wholesome Doctrine it seemed good to us being met together to send to you Barnabas and Paul who had ventured their life for the Name of Christ With them we send Judas and Sylas who shall speak the same words It seemed good to the Holy Ghost and us not to impose more necessary burden then these things upon you That ye abstain from things offered to Idols and Blood and things strangled and from fornication and that ye will that which ye would other men should do to you From this one Commandment it is manifest That a man should restore every man his right neither is there need of any other Law-book This he should remember who sits a Judge over other men That he should not give that judgment upon other men which he would not have given upon himself After the Gospel of Christ was preached many Nations as also the English by Faith joyned themselves to the Word of God Some Bishops and other famous men as well in England as other Regions held a Council of wise men and these men taught by Gods mercy imposed upon every sinner a pecuniary mulct and left the power of exacting it to the Magistrates without any offence to God having obtained leave onely to the betrayer and forsaker of our Lord they did not judge fit that this light punishment should be inflicted because they deemed such a man not worthy to be spared as well because God would have such contemners of him unworthy of all mercy as also that Christ Gods Son would not have mercy on them that betrayed him to death and he bid them to worship God before any other They therefore in many Synods constituted punishments for all sins and commanded them to be written These Laws have I Alfred the King gathered together and commanded to be written a good part whereof our Ancestors have religiously observed there are also many things worthy to be observed of us with like Religion in this age yet some there are which seem less profitable to us by the advice of wise men I have altered some I have made new And because it may seem rashness for any one to command to be written more then his own Decrees as also it would be an uncertain thing how they would be esteemed afterward of which we make great account Whatsoever are worthy to be observed in the acts of Inas my Kinsman of Offa King of the Mercians or Ethelbert who was the first of Englishmen that was baptized I have collected them all and the other left And in taking them I Alfred King of the West-Saxons have used the counsel of the most wise men and it hath pleased them all to judge them worthy to be kept Of the Priviledge of the Church Cap. 2. If any man guilty of any crime shall flee to a Religious house if that belong not to the Farm of the King or some Honorable family let him there remain three nights in which let him heed his salvation unless in the interim he return into favor And if any one shall during that time weaken him with fear of stripes bonds or wounds let him be free as the custom of the Nation is with the price of his head and with fine and the damage of violation of the liberty of the Church with One hundred and twenty shillings to boot Of the Priviledge of Sanctuary Cap. 5. We do further grant this peace to every Church consecrated by a Bishop If an enemy afflict another and he implores help of the Temple let him in seven days be taken out by no man if for hunger he can live so long and not opened his way by force If a man does otherwise let him be held a breaker of the King and Church and also of a more grievous crime if he shall have stoln any thing thence If the Governor have more then ordinary occasion to use that place provide for him in another house which has not more doors then that which shuts the Church and let the Governor take care that in the mean time he gets no meat But if he will give his arms into the power of his adversaries let them keep him safe thirty days and then give him into the hands of his kindred Also the freedom of the Church is if any guilty man flee to the Church before he be accused and there confess it in Gods name he shall be remitted half of his mulct Of Sacriledge Cap. 6. If a man steal any thing in a Church let him pay the value of the thing stolne and that punishment belonging to that value and that hand wherewith he stole be cut off if he will redeem his hand and it be granted him let it be with the price of his head If a man steal upon a Sunday Christmas-day Easter-day Holy Thursday or upon a Communion-day let him pay double as also in the Fast of Lent Of them who steal money out of Churches 8. If any man shall take money out of a * * Church Minster without the Kings leave or the Bishops he shall pay 120 shillings half to the King half to the Bishop and the Lord of the Church Of the Fighting of Priests 21. If a Priest slea any man let all he has acquired be confiscate and the Bishop degrade him and let him be thrust out of the Church unless the Lord of the house will forgive him the price of his head Of him who binds himself to God or enters into Religion 28. If any other accuse a man entred into Religion or bound to God that he hath not performed something of those things which he has mentioned let him give a Fore-oath in four Churches and the other if he will justifie himself let him do it in twelve Churches Of Fight 38. This Chapter gives a Priviledge for the honor of the Church in case of Manslaughter to him who flees thither Of Mass-Holidays 39. All Freemen have freedom granted them on these Holidays but not Servants The twelve days in Christmas the day on which Christ subdued the Devil the Anniversary feast of S. Gregory and seven days before Easter and seven days after the Feast-days of S. Peter and S. Paul In Autumn the whole week which is before the Feast of Mary the Feast-days of all Saints and the four Wednesdays in Ember-weeks let servants have all holy liberty given and freedom that they may spend all their endeavor upon the benefit of those things which they have heretofore received in Gods name or for whatsoever benefit he shall hereafter earn The League of King Edovard and Guthrun Preface THese are the institutions of King Alfred and King Guthrun and then King Edoard and King Guthrun made in those very times when the Danes and English made league and bound themselves that those things which are afterward recited should be often amplified and increased to the common benefit of the Realm
unless the King shall forgive it But if any one shall ever hereafter break the peace of the Church of God so as he kill a man within the walls of a Church let it be inexpiable and all men for the love of God persecute him as an enemy unless he flee from thence to some Asylum that the King may suffer him to enjoy his life after he had abundantly given recompence to God and man Which if he shall do and pay to Christ and the King the price of his head then let him be inlawed And then if he go about to make compensation and the King suffer it let him pay the whole mulct of the Church which is in the name of the breach of the Kings peace and purge the Church and be ready to perform what is meet to the Kindred and Lord of him who is killed and be very diligent to return into Gods favor 3. And if any man break the peace of the Church and do not kill any man let him make compensation according to the nature of the crime whether he did strike or stole or committed any other wickedness First then let the mulct be paid according to the nature of the crime and the excellency of the Church For there is not one and the same terrene dignity of all Churches although all are of the same Divine consecration Those crimes which may be expiated if done in a Mother-church let them pacifie the King that is with five pounds in English money and a Middle-church with an hundred and twenty shillings and that is the Kings fine and if it be a lesser where there is little Service and hath a church-yard with sixty shillings and if a Field-church without a church-yard with thirty shillings 4. All Christian men ought principally to be very careful that Gods Holiness and Orders and Places consecrated to him be religiously observed and to give a due respect to every degree For let them understand that will or can much and more is it that the Priest hath to do for the benefit of the people if he rightly consider it much is the Supplications and more is the Consecrations by which in consecrating Baptism and the Eucharist the Devil is beaten and driven back and Angels do incompass holy things and defend their deeds and through Gods power the Priest does sustain them as often as he does truly serve Christ That is it they do all the while the Priest doth from his soul beg of Christ and earnestly request of him those things which are necessary for the life of the people They therefore for the fear of God ought to be preferred in dignity before other men 5. And if any man accuse a Priest Regular and he is conscious of no such crime let him celebrate the Mass and take the Eucharist thereon if he fear not to do it and it shall free him from the calumny of one man But if there be a threefold accusation having taken the Eucharist if he presume to do it and having joined himself to two of his Order let him blot out all suspition of the supposed crime If any one shall accuse a Deacon being a Regular of a crime by a single testimony the Deacon conjoining himself with two of his Order may free himself from the crime But if there be a threefold accusation against him the Elders of that Order being assembled let him free himself of the crime If any accuse a Country-Priest who hath bound himself in no Order of Religion let him purge himself as a Deacon living by rule If any man who serves at the Altar be accused of a crime and is so friendless that he cannot get one who will swear with him let him eat the execrated bread and let God judge of the thing unless it be lawful by taking the Eucharist to free himself from the crime If any man in holy orders be accused of capital Broils so as that he were the author or counsellor of the death of another let him be acquitted by offering himself to the kindred of them who were so beguiled or slain and if he hath no kindred let him betake himself to his companion or fast until he be lean and eat the execrated * * 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 bread and let God give judgment thereupon But let not a Monk anywhere with right accuse another of breach of friendship or pay any thing for feuds for he hath rejected whatsoever he might acquire by the right of kindred when he first bound himself to the rule he professes If a Mass-priest be not very upright in taking of witness or be forsworne or be the author or counsellor of any theft let him be dispoiled of the dignity of his function and be deprived as well of all society and friendship as honor unless he shall give abundant satisfaction to God and man as he shall be commanded by the Bishop yet let him give security that afterward he shall not commit such things But if he will purge himself let him do it by the triple purgation or according to the nature of the crime An exhortation to Churchmen to live well 6. And we command that every one of all Orders do diligently and holily keep the Religion of his Office especially the Servants of God Bishops and Abbots and Monks and Nuns and Canons do bend their minds to their duty and live according to their Rule That they often call upon Christ day and night and pray for all Christian folk And we pray and teach all Gods Ministers especially Priests as they obey God they favor chastity so that they may shun Gods wrath and avoid the flames of hell And certainly they know it is not lawful for them to satisfie their lust to accompany any woman And they who will abstain from flesh and nourish chastity shall obtain Gods mercy and with equal right enjoy a heap of earthly honor as though he were a man of free condition * * Although this be in the Saxon in this Chapter yet both Mr. Lambert and Wheelock in their translations have placed it in the 7. Chap. And that every Christian man for the fear of God does restrain the unlawful lusts of the flesh and obey the commands of Gods law Of forbidden Matrimony Cap. 7. And we teach and pray and command on Gods name that no Christian man whatsoever does marry within the sixth degree of his kindred nor does take to wife the widow of his kinsman who was within the sixth degree nor that he marries any within the like degree to her who was his wife nor his Gossip nor a Vestal Nun nor one Repudiate let no Christian man marry And lastly he who shall carefully imbrace Gods laws and study to keep his soul from the flames of hell let him not be a follower of Harlots nor have more wives then one and that she be his bewedded wife Of paying Tithes 8. And let every one every year pay justly his dues