Non est postestas Super terram quae Comparetur ei Iob. 41.24 LEVIATHAN Or THE MATTER FORME and POWER of a COMMON-WEALTH ECCLESIASTICALL and CIVIL By THOMAS HOBBES of MALMESBURY London Printed for Andrew Crooke 1651 LEVIATHAN OR The Matter Forme Power OF A COMMON-WEALTH ECCLESIASTICALL AND CIVILL By THOMAS HOBBES of Malmesbury LONDON Printed for ANDREW CROOKE at the Green Dragon in St. Pauls Church-yard 1651. FIDE ✚ ET ✚ FORTITUDINE The Right Hon. ble Algernon Capell Earl of Essex Viscount Maldon and Baron Capell of Hadham 1701. TO MY MOST HONOR'D FRIEND Mr FRANCIS GODOLPHIN of Godolphin Honor'd Sir YOur most worthy Brother Mr Sidney Godolphin when he lived was pleas'd to think my studies something and otherwise to oblige me as you know with reall testimonies of his good opinion great in themselves and the greater for the worthinesse of his person For there is not any vertue that disposeth a man either to the service of God or to the service of his Country to Civill Society or private Friendship that did not manifestly appear in his conversation not as acquired by necessity or affected upon occasion but inhaerent and shining in a generous constitution of his nature Therefore in honour and gratitude to him and with devotion to your selfe I humbly Dedicate unto you this my discourse of Common-wealth I know not how the world will receive it nor how it may reflect on those that shall seem to favour it For in a way beset with those that contend on one side for too great Liberty and on the other side for too much Authority 't is hard to passe between the points of both unwounded But yet me thinks the endeavour to advance the Civill Power should not be by the Civill Power condemned nor private men by reprehending it declare they think that Power too great Besides I speak not of the men but in the Abstract of the Seat of Power like to those simple and unpartiall creatures in the Roman Capitol that with their noyse defended those within it not because they were they but there offending none I think but those without or such within if there be any such as favour them That which perhaps may most offend are certain Texts of Holy Scripture alledged by me to other purpose than ordinarily they use to be by others But I have done it with due submission and also in order to my Subject necessarily for they are the Outworks of the Enemy from whence they impugne the Civill Power If notwithstanding this you find my labour generally decryed you may be pleased to excuse your selfe and say I am a man that love my own opinions and think all true I say that I honoured your Brother and honour you and have presum'd on that to assume the Title without your knowledge of being as I am SIR Your most humble and most obedient servant THO. HOBBES Paris Aprill 15 25. 1651. The Contents of the Chapters The first part Of MAN Chap. Introduction Page 1 Chap. 1. Of Sense Page 3 Chap. 2. Of Imagination Page 4 Chap. 3. Of the Consequence or Train of Imaginations Page 8 Chap. 4. Of Speech Page 12 Chap. 5. Of Reason and Science Page 18 Chap. 6. Of the interiour Beginnings of Voluntary Motions commonly called the Passions And the Speeches by which they are expressed Page 23 Chap. 7. Of the Ends or Resolutions of Discourse Page 30 Chap. 8. Of the Vertues commonly called Intellectuall and their contrary Defects Page 32 Chap. 9. Of the severall Subjects of Knowledge Page 40 Chap. 10. Of Power Worth Dignity Honour and Worthinesse Page 41 Chap. 11. Of the Difference of Manners Page 47 Chap. 12. Of Religion Page 52 Chap. 13. Of the Naturall Condition of Mankind as concerning their Felicity and Misery Page 60 Chap. 14. Of the first and second Naturall Lawes and of Contract Page 64 Chap. 15. Of other Lawes of Nature Page 71 Chap. 16. Of Persons Authors and things Personated Page 80 The second Part Of COMMON-WEALTH Chap. 17. Of the Causes Generation and Definition of a Common-wealth Page 85 Chap. 18. Of the Rights of Soveraignes by Institution Page 88 Chap. 19. Of severall Kinds of Common-wealth by Institution and of Succession to the Soveraign Power Page 94 Chap. 20. Of Dominion Paternall and Despoticall Page 101 Chap. 21. Of the Liberty of Subjects Page 107 Chap. 22. Of Systemes Subject Politicall and Private Page 115 Chap. 23. Of the Publique Ministers of Soveraign Power Page 123 Chap. 24. Of the Nutrition and Procreation of a Common-wealth Page 127 Chap. 25. Of Counsell Page 131 Chap. 26. Of Civill Lawes Page 136 Chap. 27. Of Crimes Excuses and Extenuations Page 151 Chap. 28. Of Punishments and Rewards Page 161 Chap. 29. Of those things that Weaken or tend to the Dissolution of a Common-wealth Page 167 Chap. 30. Of the Office of the Soveraign Representative Page 175 Chap. 31. Of the Kingdome of God by Nature Page 186 The third Part. Of A CHRISTIAN COMMON-WEALTH Chap. 32. Of the Principles of Christian Politiques Page 195 Chap. 33. Of the Number Antiquity Scope Authority and Interpreters of the Books of Holy Scripture Page 199 Chap. 34. Of the signification of Spirit Angell and Inspiration in the Books of Holy Scripture Page 207 Chap. 35. Of the signification in Scripture of the Kingdome of God of Holy Sacred and Sacrament Page 216 Chap. 36. Of the Word of God and of Prophets Page 222 Chap. 37. Of Miracles and their use Page 233 Chap. 38. Of the signification in Scripture of Eternall life Hel Salvation the World to come and Redemption Page 238 Chap. 39. Of the Signification in Scripture of the word Church Page 247 Chap. 40. Of the Rights of the Kingdome of God in Abraham Moses the High Priests and the Kings of Judah Page 249 Chap. 41. Of the Office of our Blessed Saviour Page 261 Chap. 42. Of Power Ecclesiasticall Page 267 Chap. 43. Of what is Necessary for a mans Reception into the Kingdome of Heaven Page 321 The fourth Part. Of THE KINGDOME OF DARKNESSE Chap. 44. Of Spirituall Darknesse from Misinterpretation of Scripture Page 333 Chap. 45. Of Daemonology and other Reliques of the Religion of the Gentiles Page 352 Chap. 46. Of Darknesse from Vain Philosophy and Fabulous Traditions Page 367 Chap. 47. Of the Benefit proceeding from such Darknesse and to whom it accreweth Page 381 A Review and Conclusion Page 389 Errata PAge 48. In the Margin for love Praise râ—…d love of Praise p. 75. l. 5. for signied r. signified p. 88. l. 1. for performe r. forme l. 35. for Soveraign r. the Soveraign p. 94. l. 14. for lands r. hands p. 100. l. 28. for in r. in his p. 102. l. 46. for in r. is p. 105. in the margin for ver 10. r. ver 19. c. p. 116. l. 46. for are involved r. are not involved p. 120. l. 42. for Those Bodies r. These Bodies p. 137. â—… a. for in generall r. in generall p. 139.
l. 36. for were r. where p. 166. l. 18. for benefit r. benefits p. 200. l. 48. dele also l. 49. for delivered r. deliver p. 203. l. 35. for other r. higher p. 204. l. 15. for and left r. if left l. 39. for write r. writt p. 206. l. 19. for of the r. over the. p. 234. l. 1. for but of r. but by mediation of l. 15. dele and. l. 38. for putting r. pulling p. 262. l. 19. for tisme r. Baptisme p. 268. l. 48. for that the r. that p. 271. l. 1. for observe r. obey l. 4. for contrary the r. contrary to the. p. 272. l. 36. for our Saviours of life r. of our Saviours life p. 275. l. 18. for if shall r. if he shall l. 30. for haven r. heaven l. 45. for of Church r. of the Church p. 276. l. 38. dele inter l. 46. dele are p. 285. l. 11. for he had r. he hath p. 287. l. 10. dele of p. 298. l. 36. for to ay r. to Lay. p. 361. l. 36. for him r. them THE INTRODUCTION NATURE the Art whereby God hath made and governes the World is by the Art of man as in many other things so in this also imitated that it can make an Artificial Animal For seeing life is but a motion of Limbs the begining whereof is in some principall part within why may we not say that all Automata Engines that move themselves by springs and wheeles as doth a watch have an artificiall life For what is the Heart but a Spring and the Nerves but so many Strâ—…gs and the â—…oynts but so many Wheeles giving motion to the whole Body such as was intended by the Artificer Art goes yet further imitating that Rationall and most excellent worke of Nature Maâ—… For by Art is created that great LEVIATHAN called a COMMON-WEALTH or STATE in latine CIVITAS which is but an Artificiall Man though of greater stature and strength than the Naturall for whose protection and defence it was intended and in which the Soveraignty is an Artificiall Soul as giving life and motion to the whole body The Magistrates and other Officers of Judicature and Execution artificiall Joynts Reward and Punishment by which fastned to the seate of the Soveraignty every joynt and member is moved to performe his duty are the Nerves that do the same in the Body Naturall The Wealth and Riches of all the particular members are the Strength Salus Populi the peoples safety its Businesse Counsellors by whom all things needfull for it to know are suggested unto it are the Memory Equity and Lawes an artificiall Reason and Will Concord Health Sedition Sicknesse and Civill war Death Lastly the Paâ—…ts and Covenants by which the parts of this Body Politique were at first made set together and united resemble that Fiat or the Let us make man pronounced by God in the Creation To describe the Nature of this Artificiall man I will consider First the Matter thereof and the Artificer both which is Man Secondly How and by what Covenants it is made what are the Rights and just Power or Authority of a Soveraigne and what it is that preserveth and dissolveth it Thirdly what is a Christian Common-wealth Lastly what is the Kingdome of Darkness Concerning the first there is a saying much usurped of late That Wisedome is acquired not by reading of Books but of Men. Consequently whereunto those persons that for the most part can give no other proof of being wise take great delight to shew what they think they have read in men by uncharitable censures of one another behind their backs But there is another saying not of late understood by which they might learn truly to read one another if they would take the pains and that is Nosâ—…e teipsum Read thy self which was not meant as it is now used to countenance either the barbarous state of men in power towards their inferiors or to encourage men of low degree to a sawcie behaviour towards their betters But to teach us that for the similitude of the thoughts and Passions of one man to the thoughts and Passions of another whosoever looketh into himself and considereth what he doth when he does think opine reason hope feare c and upon what grounds he shall thereby read and know what are the thoughts and Passions of all other men upon the like occasions I say the similitude of Passions which are the same in all men desire feare hope not the similitude of the objects of the Passions which are the things desired feared hoped c for these the constitution individuall and particular education do so vary and they are so easie to be kept from our knowledge that the characters of mans heart blotted and confounded as they are with dissembling lying counterfeiting and erroneous doctrines are legible onely to 〈◊〉 that 〈◊〉 hearts And though by mens actions wee do discover their designe sometimes yet to do it without comparing them with our own and distinguishing all circumstances by which the case may come to be altered is to decypher without a key and be for the most paâ—… deceived by too much trust or by too much diffidence as he that reads is himself a good or evil man But let one man read another by his actions never so perfectly it serves him onely with his acquaintance which are but few He that is to govern a whole Nation must read in himself not this or that particular man but Man-kind which though it be hard to do harder than to learn any Language or Science yet when I shall have set down my own reading orderly and perspicuously the pains left anoâ—…her will be onely to consider if he also find not the same in himself For this kind of Doctrine admitteth no other Demonstration OF MAN CHAP. I. Of SENSE COncerning the Thoughts of man I will consider them first Singly and afterwards in Trayne or dependance upon one another Singly they are every one a Representation or Apparence of some quality or other Accident of a body without us which is commonly called an Object Which Object worketh on the Eyes Eares and other parts of mans body and by diversity of working produceth diversity of Apparences The Originall of them all is that which we call SENSE For there is no conception in a mans mind which hath not at first totally or by parts been begotten upon the organs of Sense The rest are derived from that originall To know the naturall cause of Sense is not very necessary to the business now in hand and I have else-where written of the same at large Nevertheless to fill each part of my present method I will briefly deliver the same in this place The cause of Sense is the Externall Body or Object which presseth the organ proper to each Sense either immediatly as in the Tast and Touch or mediately as in Seeing Hearing and Smelling which pressure by the mediation of Nerves and other strings and membranes of the body continued
yet if we consider the same Theoremes as delivered in the word of God that by right commandeth all things then are they properly called Lawes CHAP. XVI Of PERSONS AUTHORS and things Personated A PERSON is he whose words or actions are considered either as his own or as representing the words or actions of an other man or of any other thing to whom they are attributed whether Truly or by Fiction When they are considered as his owne then is he called a Naturall Person And when they are considered as representing the words and actions of an other then is he a Feigned or Artificiall person The word Person is latine insteed whereof the Greeks have 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which signifies the Face as Persona in latine signifies the disguise or outward appearance of a man counterfeited on the Stage and somtimes more particularly that part of it which disguiseth the face as a Mask or Visard And from the Stage hath been translated to any Representer of speech and action as well in Tribunalls as Theaters So that a Person is the same that an Actor is both on the Stage and in common Conversation and to Personate is to Act or Represent himselfe or an other and he that acteth another is said to beare his Person or act in his name in which sence Cicero useth it where he saies Unus sustineo tres Personas Mei Adversarii Judicis I beare three Persons my own my Adversaries and the Judges and is called in diverse occasions diversly as a Representer or Representative a Lieutenant a Vicar an Attorney a Deputy a Procurator an Actor and the like Of Persons Artificiall some have their words and actions Owned by those whom they represent And then the Person is the Actor and he that owneth his words and actions is the AUTHOR In which case the Actor acteth by Authority For that which in speaking of goods and possessions is called an Owner and in latine Dominus in Greeke 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 speaking of Actions is called Author And as the Right of possession is called Dominion so the Right of doing any Action is called AUTHORITY So that by Authority is alwayes understood a Right of doing any act and done by Authority done by Commssiion or Licence from him whose right it is From hence it followeth that when the Actor maketh a Covenant by Authority he bindeth thereby the Author no lesse than if he had made it himselfe and no lesse subjecteth him to all the consequences of the same And therfore all that hath been said formerly Chap. 14. of the nature of Covenants between man and man in their naturall capacity is true also when they are made by their Actors Representers or Procurators that have authority from them so far-forth as is in their Commission but no farther And therefore he that maketh a Covenant with the Actor or Representer not knowing the Authority he hath doth it at his own perill For no man is obliged by a Covenant whereof he is not Author nor consequently by a Covenant made against or beside the Authority he gave When the Actor doth any thing against the Law of Nature by command of the Author if he be obliged by former Covenant to obey him not he but the Author breaketh the Law of Nature for though the Action be against the Law of Nature yet it is not his but contrarily to refuse to do it is against the Law of Nature that forbiddeth breach of Covenant And he that maketh a Covenant with the Author by mediation of the Actor not knowing what Authority he hath but onely takes his word in case such Authority be not made manifest unto him upon demand is no longer obliged For the Covenant made with the Author is not valid without his Counter-assurance But if he that so Covenanteth knew before hand he was to expect no other assurance than the Actors word then is the Covenant valid because the Actor in this case maketh himselfe the Author And therefore as when the Authority is evident the Covenant obligeth the Author not the Actor so when the Authority is feigned it obligeth the Actor onely there being no Author but himselfe There are few things that are uncapable of being represented by Fiction Inanimate things as a Church an Hospital a Bridge may be Personated by a Rector Master or Overseer But things Inanimate cannot be Authors nor therefore give Authority to their Actors Yet the Actors may have Authority to procure their maintenance given them by those that are Owners or Governours of those things And therefore such things cannot be Personated before there be some state of Civill Government Likewise Children Fooles and Mad-men that have no use of Reason may be Personated by Guardians or Curators but can be no Authors during that time of any action done by them longer then when they shall recover the use of Reason they shall judge the same reasonable Yet during the Folly he that hath right of governing them may give Authority to the Guardian But this again has no place but in a State Civill because before such estate there is no Dominion of Persons An Idol or meer Figment of the brain may be Personated as were the Gods of the Heathen which by such Officers as the State appointed were Personated and held Possessions and other Goods and Rights which men from time to time dedicated and consecrated unto them But Idols cannot be Authors for an Idol is nothing The Authority proceeded from the State and therefore before introduction of Civill Government the Gods of the Heathen could not be Personated The true God may be Personated As he was first by Moses who governed the Israelites that were not his but Gods people not in his own name with Hoc dicit Moses but in Gods Name with Hoc dicit Dominus Secondly by the Son of man his own Son our Blessed Saviour Jesus Christ that came to reduce the Jewes and induce all Nations into the Kingdome of his Father not as of himselfe but as sent from his Father And thirdly by the Holy Ghost or Comforter speaking and working in the Apostles which Holy Ghost was a Comforter that came not of himselfe but was sent and proceeded from them both A Multitude of men are made One Person when they are by one man or one Person Represented so that it be done with the consent of every one of that Multitude in particular For it is the Unity of the Representer not the Unity of the Represented that maketh the Person One. And it is the Representer that beareth the Person and but one Person And Unity cannot otherwise be understood in Multitude And because the Multitude naturally is not One but Many they cannot be understood for one but many Authors of every thing their Representative saith or doth in their name Every man giving their common Representer Authority from himselfe in particular
without contradiction passing for the title of those men which at his command were sent up by the people to carry their Petitions and give him if he permitted it their advise Which may serve as an admonition for those that are the true and absolute Representative of a People to instruct men in the nature of that Office and to take heed how they admit of any other generall Representation upon any occasion whatsoever if they mean to discharge the 〈◊〉 committed to them The difference between these three kindes of Common-wealth consisteth not in the difference of Power but in the difference of Convenience or Aptitude to produce the Peace and Security of the people for which end they were instituted And to compare Monarchy with the other two we may observe First that whosoeuer beareth the Person of the people or is one of that Assembly that bears it 〈◊〉 also his own naturall Person And though he be carefull in his politique Person to procure the common interest yet he is more or no lesse carefull to procure the private good of himselfe his family kindred and friends and for the most part if the publique interest chance to crosse the private he preferrs the private for the Passions of men are commonly more potent than their Reason From whence it follows that where the publique and private interest are most closely united there is the publique most advanced Now in Monarchy the private interest is the same with the publique The riches power and honour of a Monarch arise onely from the riches strength and reputation of his Subjects For no King can be rich nor glorious nor secure whose Subjects are either poore or contemptible or too weak through want or dissention to maintain a war against their enemies Whereas in a Democracy or Aristocracy the publique prosperity conferres not so much to the private fortune of one that is corrupt or ambitious as doth many times a perfidious advice a treacherous action or a Civill warre Secondly that a Monarch receiveth counsell of whom when and where he pleaseth and consequently may heare the opinion of men versed in the matter about which he deliberates of what rank or quality soever and as long before the time of action and with as much secrecy as he will But when a Soveraigne Assembly has need of Counsell none are admitted but such as have a Right thereto from the beginning which for the most part are of those who have beene versed more in the acquisition of Wealth than of Knowledge and are to give their advice in long discourses which may and do commonly excite men to action but not governe them in it For the Understanding is by the flame of the Passions never enlightned but dazled Nor is there any place or time wherein an Assemblie can receive Counsell with secrecie because of their owne Multitude Thirdly that the Resolutions of a Monarch are subject to no other Inconstancy than that of Humane Nature but in Assemblies besides that of Nature there ariseth an Inconstancy from the Number For the absence of a few that would have the Resolution once taken continue firme which may happen by security negligence or private impediments or the diligent appearance of a few of the contrary opinion undoes to day all that was concluded yesterday Fourthly that a Monarch cannot disagree with himselfe out of envy or interest but an Assembly may and that to such a height as may produce a Civill Warre Fifthly that in Monarchy there is this inconvenience that any Subject by the power of one man for the enriching of a favourite or flatterer may be deprived of all he possesseth which I confesse is a great and inevitable inconvenience But the same may as well happen where the Soveraigne Power is in an Assembly For their power is the same and they are as subject to evill Counsell and to be seduced by Orators as a Monarch by Flatterers and becoming one an others Flatterers serve one anothers Covetousnesse and Ambition by turnes And whereas the Favorites of Monarchs are few and they have none els to advance but their owne Kindred the Favorites of an Assembly are many and the Kindred much more numerous than of any Monarch Besides there is no Favourite of a Monarch which cannot as well succour his friends as hurt his enemies But Orators that is to say Favourites of Soveraigne Assemblies though they have great power to hurt have little to save For to accuse requires lesse Eloquence such is mans Nature than to excuse and condemnation than absolution more resembles Justice Sixtly that it is an inconvenience in Monarchie that the Soveraigntie may descend upon an Infant or one that cannot discerne between Good and Evill and consisteth in this that the use of his Power must be in the hand of another Man or of some Assembly of men which are to governe by his right and in his name as Curators and Protectors of his Person and Authority But to say there is inconvenience in putting the use of the Soveraign Power into the hand of a Man or an Assembly of men is to say that all Government is more Inconvenient than Confusion and Civill Warre And therefore all the danger that can be pretended must arise from the Contention of those that for an office of so great honour and profit may become Competitors To make it appear that this inconvenience proceedeth not from that forme of Government we call Monarchy we are to consider that the precedent Monarch hath appointed who shall have the Tuition of his Infant Successor either expressely by Testament or tacitly by not controlling the Custome in that case received And then such inconvenience if it happen is to be attributed not to the Monarchy but to the Ambition and Injustice of the Subjects which in all kinds of Government where the people are not well instructed in their Duty and the Rights of Soveraignty is the same Or else the precedent Monarch hath not at all taken order for such Tuition And then the Law of Nature hath provided this sufficient rule That the Tuition shall be in him that hath by Nature most interest in the preservation of the Authority of the Infant and to whom least benefit can accrue by his death or diminution For seeing every man by nature seeketh his own benefit and promotion to put an Infant into the power of those that can promote themselves by his destruction or dammage is not Tuition but Trechery So that sufficient provision being taken against all just quarrell about the Government under a Child if any contention arise to the disturbance of the publique Peace it is not to be attributed to the forme of Monarchy but to the ambition of Subjects and ignorance of their Duty On the other side there is no great Common-wealth the Soveraignty whereof is in a great Assembly which is not as to consultations of Peace and Warre and making of Lawes in the same condition as if the Government
is once settled then are they actually Lawes and not before as being then the commands of the Common-wealth and therefore also Civill Lawes For it is the Soveraign Power that obliges men to obey them For in the differences of private men to declare what is Equity what is Justice and what is morall Vertue and to make them binding there is need of the Ordinances of Soveraign Power and Punishments to be ordaine d for such as shall break them which Ordinances are therefore part of the Civill Law The Law of Nature therefore is a part of the Civill Law in all Common-wealths of the world Reciprocally also the Civill Law is a part of the Dictates of Nature For Justice that is to say Performance of Covenant and giving to every man his own is a Dictate of the Law of Nature But every subject in a Common-wealth hath covenanted to obey the Civill Law either one with another as when they assemble to make a common Representative or with the Representative it selfe one by one when subdued by the Sword they promise obedience that they may receive life And therefore Obedience to the Civill Law is part also of the Law of Nature Civill and Naturall Law are not different kinds but different parts of Law whereof one part being written is called Civill the other unwritten Naturall But the Right of Nature that is the naturall Liberty of man may by the Civill Law be abridged and restrained nay the end of making Lawes is no other but such Restraint without the which there cannot possibly be any Peace And Law was brought into the world for nothing else but to limit the naturall liberty of particular men in such manner as they might not hurt but assist one another and joyn together against a common Enemy 5. If the Soveraign of one Common-wealth subdue a People that have lived under other written Lawes and afterwards govern them by the same Lawes by which they were governed before yet those Lawes are the Civill Lawes of the Victor and not of the Vanquished Common-wealth For the Legislator is he not by whose authority the Lawes were first made but by whose authority they now continue to be Lawes And therefore where there be divers Provinces within the Dominion of a Common-wealth and in those Provinces diversity of Lawes which commonly are called the Customes of each severall Province we are not to understand that such Customes have their force onely from Length of Time but that they were antiently Lawes written or otherwise made known for the Constitutions and Statutes of their Soveraigns and are now Lawes not by vertue of the Praescription of time but by the Constitutions of their present Soveraigns But if an unwritten Law in all the Provinces of a Dominion shall be generally observed and no iniquity appear in the use thereof that Law can be no other but a Law of Nature equally obliging all man-kind 6. Seeing then all Lawes written and unwritten have their Authority and force from the Will of the Common-wealth that is to say from the Will of the Representative which in a Monarchy is the Monarch and in other Common-wealths the Soveraign Assembly a man may wonder from whence proceed such opinions as are found in the Books of Lawyers of eminence in severall Common-wealths directly or by consequence making the Legislative Power depend on private men or subordinate Judges As for example That the Common Law hath no Controuler but the Parlament which is true onely where a Parlament has the Soveraign Power and cannot be assembled nor dissolved but by their own discretion For if there be a right in any else to dissolve them there is a right also to controule them and consequently to controule their controulings And if there be no such right then the Controuler of Lawes is not Parlamentum but Rex in Parlamento And were a Parlament is Soveraign if it should assemble never so many or so wise men from the Countries subject to them for whatsoever cause yet there is no man will believe that such an Assembly hath thereby acquired to themselves a Legislative Power Item that the two arms of a Common-wealth are Force and Justice the first whereof is in the King the other deposited in the hands of the Parlament As if a Common-wealth could consist where the Force were in any hand which Justice had not the Authority to command and govern 7. That Law can never be against Reason our Lawyers are agreed and that not the Letter that is every construction of it but that which is according to the Intention of the Legislator is the Law And it is true but the doubt is of whose Reason it is that shall be received for Law It is not meant of any private Reason for then there would be as much contradiction in the Lawes as there is in the Schooles nor yet as Sr. Ed. Coke makes it an Artificiall perfection of Reason gotten by long study observation and experience as his was For it is possible long study may encrease and confirm erroneous Sentences and where men build on false grounds the more they build the greater is the ruine and of those that study and observe with equall time and diligence the reasons and resolutions are and must remain discordant and therefore it is not that Juris prudentia or wisedome of subordinate Judges but the Reason of this our Artificiall Man the Common-wealth and his Command that maketh Law And the Common-wealth being in their Representative but one Person there cannot easily arise any contradiction in the Lawes and when there doth the same Reason is able by interpretation or alteration to take it away In all Courts of Justice the Soveraign which is the Person of the Common-wealth is he that Judgeth The subordinate Judge ought to have regard to the reason which moved his Soveraign to make such Law that his Sentence may be according thereunto which then is his Soveraigns Sentence otherwise it is his own and an unjust one 8. From this that the Law is a Command and a Command consisteth in declaration or manifestation of the will of him that commandeth by voyce writing or some other sufficient argument of the same we may understand that the Command of the Common-wealth is Law onely to those that have means to take notice of it Over naturall fooles children or mad-men there is no Law no more than over brute beasts nor are they capable of the title of just or unjust because they had never power to make any covenant or to understand the consequences thereof and consequently never took upon them to authorise the actions of any Soveraign as they must do that make to themselves a Common-wealth And as those from whom Nature or Accident hath taken away the notice of all Lawes in generall so also every man from whom any accident not proceeding from his own default hath taken away the means to take notice of any particular Law is excused if
he observe it not And to speak properly that Law is no Law to him It is therefore necessary to consider in this place what arguments and signes be sufficient for the knowledge of what is the Law that is to say what is the will of the Soveraign as well in Monarchies as in other formes of government And first if it be a Law that obliges all the Subjects without exception and is not written nor otherwise published in such places as they may take notice thereof it is a Law of Nature For whatsoever men are to take knowledge of for Law not upon other mens words but every one from his own reason must be such as is agreeable to the reason of all men which no Law can be but the Law of Nature The Lawes of Nature therefore need not any publishing nor Proclamation as being contained in this one Sentence approved by all the world Do not that to another which thou thinkest unreasonable to be done by another to thy selfe Secondly if it be a Law that obliges only some condition of men or one particular man and be not written nor published by word then also it is a Law of Nature and known by the same arguments and signs that distinguish those in such a condition from other Subjects For whatsoever Law is not written or some way published by him that makes it Law can be known no way but by the reason of him that is to obey it and is therefore also a Law not only Civill but Naturall For Example if the Soveraign employ a Publique Minister without written Instructions what to doe he is obliged to take for Instructions the Dictates of Reason As if he make a Judge The Judge is to take notice that his Sentence ought to be according to the reason of his Soveraign which being alwaies understood to be Equity he is bound to it by the Law of Nature Or if an Ambassador he is in all things not conteined in his written Instructions to take for Instruction that which Reason dictates to be most conducing to his Soveraigns interest and so of all other Ministers of the Soveraignty publique and private All which Instructions of naturall Reason may be comprehended under one name of Fidelity which is a branch of naturall Justice The Law of Nature excepted it belongeth to the essence of all other Lawes to be made known to every man that shall be obliged to obey them either by word or writing or some other act known to proceed from the Soveraign Authority For the will of another cannot be understood but by his own word or act or by conjecture taken from his scope and purpose which in the person of the Common-wealth is to be supposed alwaies consonant to Equity and Reason And in antient time before letters were in common use the Lawes were many times put into verse that the rude people taking pleasure in singing or reciting them might the more easily reteine them in memory And for the same reason Solomon adviseth a man to bind the ten Commandements upon his ten fingers And for the Law which Moses gave to the people of Israel at the renewing of the Covenant * he biddeth them to teach it their Children by discoursing of it both at home and upon the way at going to bed and at rising from bed and to write it upon the posts and dores of their houses and to assemble the people man woman and child to heare it read Nor is it enough the Law be written and published but also that there be manifest signs that it proceedeth from the will of the Soveraign For private men when they have or think they have force enough to secure their unjust designes and convoy them safely to their ambitious ends may publish for Lawes what they please without or against the Legislative Authority There is therefore requisite not only a Declaration of the Law but also sufficient signes of the Author and Authority The Author or Legislator is supposed in every Common-wealth to be evident because he is the Soveraign who having been Constituted by the consent of every one is supposed by every one to be sufficiently known And though the ignorance and security of men be such for the most part as that when the memory of the first Constitution of their Common-wealth is worn out they doe not consider by whose power they use to be defended against their enemies and to have their industry protected and to be righted when injury is done them yet because no man that considers can make question of it no excuse can be derived from the ignorance of where the Soveraignty is placed And it is a Dictate of Naturall Reason and consequently an evident Law of Nature that no man ought to weaken that power the protection whereof he hath himself demanded or wittingly received against others Therefore of who is Soveraign no man but by his own fault whatsoever evill men suggest can make any doubt The difficulty consisteth in the evidence of the Authority derived from him The removing whereof dependeth on the knowledge of the publique Registers publique Counsels publique Ministers and publique Seales by which all Lawes are sufficiently verified Verifyed I say not Authorised for the Verification is but the Testimony and Record not the Authority of the Law which consisteth in the Command of the Soveraign only If therefore a man have a question of Injury depending on the Law of Nature that is to say on common Equity the Sentence of the Judge that by Commission hath Authority to take cogninisance of such causes is a sufficient Verification of the Law of Nature in that individuall case For though the advice of one that professeth the study of the Law be usefull for the avoyding of contention yet it is but advice t is the Judge must tell men what is Law upon the hearing of the Controversy But when the question is of injury or crime upon a written Law every man by recourse to the Registers by himself or others may if he will be sufficiently enformed before he doe such injury or commit the crime whither it be an injury or not Nay he ought to doe so For when a man doubts whether the act he goeth about be just or injust and may informe himself if he will the doing is unlawfull In like manner he that supposeth himself injured in a case determined by the written Law which he may by himself or others see and consider if he complaine before he consults with the Law he does unjustly and bewrayeth a disposition rather to vex other men than to demand his own right If the question be of Obedience to a publique Officer To have seen his Commission with the Publique Seale and heard it read or to have had the means to be informed of it if a man would is a sufficient Verification of his Authority For every man is obliged to doe his best endeavour to informe himself of
all written Lawes that may concerne his own future actions The Legislator known and the Lawes either by writing or by the light of Nature sufficiently published there wanteth yet another very materiall circumstance to make them obligatory For it is not the Letter but the Intendment or Meaning that is to say the authentique Interpretation of the Law which is the sense of the Legislator in which the nature of the Law consisteth And therefore the Interpretation of all Lawes dependeth on the Authority Soveraign and the Interpreters can be none but those which the Soveraign to whom only the Subject oweth obedience shall appoint For else by the craft of an Interpreter the Law may be made to beare a sense contrary to that of the Soveraign by which means the Interpreter becomes the Legislator All Laws written and unwritten have need of Interpretation The unwritten Law of Nature though it be easy to such as without partiality and passion make use of their naturall reason and therefore leaves the violaters thereof without excuse yet considering there be very few perhaps none that in some cases are not blinded by self love or some other passion it is now become of all Laws the most obscure and has consequently the greatest need of able Interpreters The written Laws if they be short are easily mis-interpreted from the divers significations of a word or two if long they be more obscure by the diverse significations of many words in so much as no written Law delivered in few or many words can be well understood without a perfect understanding of the finall causes for which the Law was made the knowledge of which finall causes is in the Legislator To him therefore there can not be any knot in the Law insoluble either by finding out the ends to undoe it by or else by making what ends he will as Alexander did with his sword in the Gordian knot by the Legislative power which no other Interpreter can doe The Interpretation of the Lawes of Nature in a Common-wealth dependeth not on the books of Morall Philosophy The Authority of writers without the Authority of the Common-wealth maketh not their opinions Law be they never so true That which I have written in this Treatise concerning the Morall Vertues and of their necessity for the procuring and maintaining peace though it bee evident Truth is not therefore presently Law but because in all Common-wealths in the world it is part of the Civill Law For though it be naturally reasonable yet it is by the Soveraigne Power that it is Law Otherwise it were a great errour to call the Lawes of Nature unwritten Law whereof wee see so many volumes published and in them so many contradictions of one another and of themselves The Interpretation of the Law of Nature is the Sentence of the Judge constituted by the Soveraign Authority to heare and determine such controversies as depend thereon and consisteth in the application of the Law to the present case For in the act of Judicature the Judge doth no more but consider whither the demand of the party be consonant to naturall reason and Equity and the Sentence he giveth is therefore the Interpretation of the Law of Nature which Interpretation is Authentique not because it is his private Sentence but because he giveth it by Authority of the Soveraign whereby it becomes the Soveraigns Sentence which is Law for that time to the parties pleading But because there is no Judge Subordinate nor Soveraign but may erre in a Judgement of Equity if afterward in another like case he find it more consonant to Equity to give a contrary Sentence he is obliged to doe it No mans error becomes his own Law nor obliges him to persist in it Neither for the same reason becomes it a Law to other Judges though sworn to follow it For though a wrong Sentence given by authority of the Soveraign if he know and allow it in such Lawes as are mutable be a constitution of a new Law in cases in which every little circumstance is the same yet in Lawes immutable such as are the Lawes of Nature they are no Lawes to the same or other Judges in the like cases for ever after Princes succeed one another and one Iudge passeth another commeth nay Heaven and Earth shall passe but not one title of the Law of Nature shall passe for it is the Eternall Law of God Therefore all the Sentences of precedent Judges that have ever been cannot all together make a Law contrary to naturall Equity Nor any Examples of former Judges can warrant an unreasonable Sentence or discharge the present Judge of the trouble of studying what is Equity in the case he is to Judge from the principles of his own naturall reason For example sake 'T is against the Law of Nature To punish the Innocent and Innocent is he that acquitteth himselfe Judicially and is acknowledged for Innocent by the Judge Put the case now that a man is accused of a capitall crime and seeing the power and malice of some enemy and the frequent corruption and parâ—…iality of Judges runneth away for feare of the event and afterwards is taken and brought to a legall triall and maketh it sufficiently appear he was not guilty of the crime and being thereof acquitted is neverthelesse condemned to lose his goods this is a manifest condemnation of the Innocent I say therefore that there is no place in the world where this can be an interpretation of a Law of Nature or be made a Law by the Sentences of precedent Judges that had done the same For he that judged it first judged unjustly and no Injustice can be a pattern of Judgement to succeeding Judges A written Law may forbid innocent men to fly and they may be punished for flying But that flying for feare of injury should be taken for presumption of guilt after a man is already absolved of the crime Judicially is contrary to the nature of a Presumption which hath no place after Judgement given Yet this is set down by a great Lawyer for the common Law of England If a man saith he that is Innocent be accused of Felony and for feare flyeth for the same albeit he judicially acquitteth himselfe of the Felony yet if it be found that he fled for the Felony he shall notwithstanding his Innocency Forfeit all his goods chattells debts and duties For as to the Forfeiture of them the Law will admit no proofe against the Presumption in Law grounded upon his flight Here you see An Innocent man Judicially acquitted notwithstanding his Innocency when no written Law forbad him to fly after his acquitall upon a Presumption in Law condemned to lose all the goods he hath If the Law ground upon his flight a Presumption of the fact which was Capitall the Sentence ought to have been Capitall if the Presumption were not of â—…he Fact for what then ought he to lose his goods This therefore is
no Law of England nor is the condemnation grounded upon a Presumption of Law but upon the Presumption of the Judges It is also against Law to say that no Proofe shall be admitted against a Presumption of Law For all Judges Soveraign and subordinate if they refuse to heare Proofe refuse to do Justice for though the Sentence be Just yet the Judges that condemn without hearing the Proofes offered are Unjust Judges and their Presumption is but Prejudice which no man ought to bring with him to the Seat of Justice whatsoever precedent judgements or examples he shall pretend to follow There be other things of this nature wherein mens Judgements have been perverted by trusting to Precedents but this is enough to shew that though the Sentence of the Judge be a Law to the party pleading yet it is no Law to any Judge that shall succeed him in that Office In like manner when question is of the Meaning of written Lawes he is not the Interpreter of them that writeth a Commentary upon them For Commentaries are commonly more subject to cavill than the Text and therefore need other Commentaries and so there will be no end of such Interpretation And therefore unlesse there be an Interpreter authorised by the Soveraign from which the subordinate Judges are not to recede the Interpreter can be no other than the ordinary Judges in the same manner as they are in cases of the unwritten Law and their Sentences are to be taken by them that plead for Lawes in that particular case but not to bind other Judges in like cases to give like judgements For a Judge may erre in the Interpretation even of written Lawes but no errour of a subordinate Judge can change the Law which is the generall Sentence of the Soveraigne In written Lawes men use to make a difference between the Letter and the Sentence of the Law And when by the Letter is meant whatsoever can be gathered from the bare words 't is well distinguished For the significations of almost all words are either in themselves or in the metaphoricall use of them ambiguous and may be drawn in argument to make many senses but there is onely one sense of the Law But if by the Letter be meant the literall sense then the Letter and the Sentence or intention of the Law is all one For the literall sense is that which the Legislator intended should by the letter of the Law be signified Now the Intention of the Legislator is alwayes supposed to be Equity For it were a great contumely for a Judge to think otherwise of the Soveraigne He ought therefore if the Word of the Law doe not fully authorise a reasonable Sentence to supply it with the Law of Nature or if the case be difficult to respit Judgement till he have received more ample authority For Example a written Law ordaineth that he which is thrust out of his house by force shall be restored by force It happens that a man by negligence leaves his house empty and returning is kept out by force in which case there is no speciall Law ordained It is evident that this case is contained in the same Law for else there is no remedy for him at all which is to be supposed against the Intention of the Legislator Again the word of the Law commandeth to Judge according to the Evidence A man is accused falsly of a fact which the Judge saw himself done by another and not by him that is accused In this case neither shall the Letter of the Law be followed to the condemnation of the Innocent nor shall the Judge give Sentence against the evidence of the Witnesses because the Letter of the Law is to the contrary but procure of the Soveraign that another be made Judge and himself Witnesse So that the incommodity that follows the bare words of a written Law may lead him to the Intention of the Law whereby to interpret the same the better though no Incommodity can warrant a Sentence against the Law For every Judge of Right and Wrong is not Judge of what is â—…ommodious or Incommodious to the Common-wealth The abilities required in a good Interpreter of the Law that is to say in a good Judge are not the same with those of an Advocate namely the study of the Lawes For a Judge as he ought to take notice of the Fact from none but the Witnesses so also he ought to take notice of the Law from nothing but the Satutes and Constitutions of the Soveraign alledged in the pleading or declared to him by some that have authority from the Soveraign Power to declare them and need not take care before-hand what hee shall Judge for it shall bee given him what hee shall say concerning the Fact by Witnesses and what hee shall say in point of Law from those that shall in their pleadings â—…hew it and by authority interpret it upon the place The Lords of Parlament in England were Judges and most difficult causes have been heard and determined by them yet few of them were much versed in the study of the Lawes and fewer had made profession of them and though they consulted with Lawyers that were appointed to be present there for that purpose yet they alone had the authority of giving Sentence In like manner in the ordinary trialls of Right Twelve men of the common People are the Judges and give Sentence not onely of the Fact but of the Right and pronounce simply for the Complaynant or for the Defendant that is to say are Judges not onely of the Fact but also of the Right and in a question of crime not onely determine whether done or not done but also whether it be Murder Homicide Felony Assault and the like which are determinations of Law but because they are not supposed to know the Law of themselves there is one that hath Authority to enforme them of it in the particular case they are to Judge of But yet if they judge not according to that he tells them they are not subject thereby to any penalty unlesse it be made appear they did it against their consciences or had been corrupted by reward The things that make a good Judge or good Interpreter of the Lawes are first A right understanding of that principall Law of Nature called Equity which depending not on the reading of other mens Writings but on the goodnesse of a mans own naturall Reason and Meditation is presumed to be in those most that have had most leisure and had the most inclination to meditate thereon Secondly Contempt of unnecessary Riches and Preferments Thirdly To be able in judgement to devest himselfe of all feare anger hatred love and compassion Fourthly and lastly Patience to heare diligent attention in hearing and memory to retain digest and apply what he hath heard The difference and division of the Lawes has been made in divers manners according to the different methods of those men that have written of
Terrour of death or wounds than by clandestine surreption And by clandestine Surreption than by consent fraudulently obtained And the violation of chastity by Force greater than by flattery And of a woman Married than of a woman not married For all these things are commonly so valued though some men are more and some lesse sensible of the same offence But the Law regardeth not the particular but the generall inclination of mankind And therefore the offence men take from contumely in words or gesture when they produce no other harme than the present griefe of him that is reproached hath been neglected in the Lawes of the Greeks Romans and other both antient and moderne Common-wealths supposing the true cause of such griefe to consist not in the contumely which takes no hold upon men conscious of their own vertue but in the Pusillanimity of him that is offended by it Also a Crime against a private man is much aggravated by the person time and place For to kill ones Parent is a greater Crime than to kill another for the Parent ought to have the honour of a Soveraign though he have surrendred his Power to the Civill Law because he had it originally by Nature And to Robbe a poore man is a greater Crime than to robbe a rich man because 't is to the poore a more sensible dammage And a Crime committed in the Time or Place appointed for Devotion is greater than if committed at another time or place for it proceeds from a greater contempt of the Law Many other caseâ—… of Aggravation and Extenuation might be added but by these I have set down it is obvious to every man to take the altitude of any other Crime proposed Lastly because in almost all Crimes there is an Injury done not onely to some Private men but also to the Common-wealth the same Crime when the accusation is in the name of the Common-wealth is called Publique Crime and when in the name of a Private man a Private Crime And the Pleas according thereunto called Publique Judicia Publica Pleas of the Crown or Private Pleas. As in an Accusation of Murder if the accuser be a Private man the plea is a Private plea if the accuser be the Soveraign the plea is a Publique plea. CHAP. XXVIII Of PUNISHMENTS and REWARDS APUNISHMENT is an Evill inflicted by publique Authority on him that hath done or omitted that which is Judged by the same Authority to be a Transgression of the Law to the end that the will of men may thereby the better be disposed to obedience Before I inferre any thing from this definition there is a question to be answered of much importance which is by what door the Right or Authority of Punishing in any case came in For by that which has been said before no man is supposed bound by Covenant not to resist violence and consequently it cannot be intended that he gave any right to another to lay violent hands upon his person In the making of a Common-wealth every man giveth away the right of defending another but not of defending himselfe Also he obligeth himselfe to assist him that hath the Soveraignty in the Punishing of another but of himselfe not But to covenant to assist the Soveraign in doing hurt to another unlesse he that so covenanteth have a right to doe it himselfe is not to give him a Right to Punish It is manifest therefore that the Right which the Common-wealth that is he or they that represent it hath to Punish is not grounded on any concession or gift of the Subjects But I have also shewed formerly that before the Institution of Common-wealth every man had a right to every thing and to do whatsoever he thought necessary to his own preservation subduing hurting or killing any man in order thereunto And this is the foundation of that right of Punishing which is exercised in every Common-wealth For the Subjects did not give the Soveraign that right but onely in laying down theirs strengthned him to use his own as he should think fit for the preservation of them all so that it was not given but left to him and to him onely and excepting the limits set him by naturall Law as entire as in the condition of meer Nature and of warre of every one against his neighbour â—…rom the definition of Punishment I inferre First that neither private revenges nor injuries of private men can properly be stiled Punishment because they proceed not from publique Authority Secondly that to be neglected and unpreferred by the publique favour is not a Punishment because no new evill is thereby on any man Inflicted he is onely left in the estate he was in before Thirdly that the evill inflicted by publique Authority without precedent publique condemnation is not to be stiled by the name of Punishment but of an hostile act because the fact for which a man is Punished ought first to be Judged by publique Authority to be a transgression of the Law Fourthly that the evill inflicted by usurped power and Judges without Authority from the Soveraign is not Punishment but an act of hostility because the acts of power usurped have not for Author the person condemned and therefore are not acts of publique Authority Fifthly that all evill which is inflicted without intention or possibility of disposing the Delinquent or by his example other men to obey the Lawes is not Punishment but an act of hostility because without such an end no hurt done is contained under that name Sixthly whereas to certain actions there be annexed by Nature divers hurtfull consequences as when a man in assaulting another is himselfe slain or wounded or when he falleth into sicknesse by the doing of some unlawfull act such hurt though in respect of God who is the author of Nature it may be said to be inflicted and therefore a Punishment divine yet it is not contaned in the name of Punishment in respect of men because it is not inflicted by the Authority of man Seventhly If the harm inflicted be lesse than the benefit or contentment that naturally followeth the crime committed that harm is not within the definition and is rather the Price or Redemption than the Punishment of a Crime Because it is of the nature of Punishment to have for end the disposing of men to obey the Law which end if it be lesse than the benefit of the transgression it attaineth not but worketh a contrary effect Eighthly If a Punishment bè determined and prescribed in the Law it selfe and after the crime committed there be a greater Punishment inflicted the excesse is not Punishment but an act of hostility For seeing the aym of Punishment is not a revenge but terrour and the terrour of a great Punishment unknown is taken away by the declaration of a lesse the unexpected addition is no part of the Punishment But where there is no Punishment at all determined by the
Law there whatsoever is inflicted hath the nature of Punishment For he that goes about the violation of a Law wherein no penalty is determined expecteth an indeterminate that is to say an arbitrary Punishment Ninthly Harme inflicted for a Fact done before there was a Law that forbad it is not Punishment but an act of Hostility For before the Law there is no transgression of the Law But Punishment supposeth a fact judged to have been a transgression of the Law Therefore Harme inflicted before the Law made is not Punishment but an act of Hostility Tenthly Hurt inflicted on the Representative of the Common-wealth is not Punishment but an act of Hostility Because it is of the nature of Punishment to be inflicted by publique Authority which is the Authority only of the Representative it self Lastly Harme inflicted upon one that is a declared enemy fals not under the name of Punishment Because seeing they were either never subject to the Law and therefore cannot transgresse it or having been subject to it and professing to be no longer so by consequence deny they can transgresse it all the Harmes that can be done them must be taken as acts of Hostility But in declared Hostility all infliction of evill is lawfull From whence it followeth that if a subject shall by fact or word wittingly and deliberatly deny the authority of the Representative of the Common-wealth whatsoever penalty hath been formerly ordained for Treason he may lawfully be made to suffer whatsoever the Representative will For in denying subjection he denyes such Punishment as by the Law hath been ordained and therefore suffers as an enemy of the Common-wealth that is according to the will of the Representative For the Punishments set down in the Law are to Subjects not to Enemies such as are they that having been by their own act Subjects deliberately revolting deny the Soveraign Power The first and most generall distribution of Punishments is into Divine and Humane Of the former I shall have occasion to speak in a more convenient place hereafter Humane are those Punishments that be inflicted by the Commandement of Man and are either Corporall or Pecuâ—…ary or Ignominy or Imprisonment or Exile or mixt of these Corporall Punishment is that which is inflicted on the body directly and according to the intention of him that inflicteth it such as are stripes or wounds or deprivation of such pleasures of the body as were before lawfully enjoyed And of these some be Capitall some Lesse than Capitall Capitall is the Infliction of Death and that either simply or with torment Lesse than Capitall are Stripes Wounds Chains and any other corporall Paine not in its own nature mortall For if upon the Infliction of a Punishment death â—…ollow not in the intention of the Inflicter the Punishment is not to bee esteemed Capitall though the harme prove mortall by an accident not to be foreseen in which case death is not inflicted but hastened Pecuniary Punishment is that which consisteth not only in the deprivation of a Summe of Mony but also of Lands or any other goods which are usually bought and sold for mony And in case the Law that ordaineth such a punishment be made with design to gather mony from such as shall transgresse the same it is not properly a Punishment but the Price of priviledge and exemption from the Law which doth not absolutely forbid the fact but only to those that are not able to pay the mony except where the Law is Naturall or part of Religion for in that case it is not an exemption from the Law but a transgression of it As where a Law exacteth a Pecuniary mulct of them that take the name of God in vaine the payment of the mulct is not the price of a dispensation to sweare but the Punishment of the transgression of a Law undispensable In like manner if the Law impose a Summe of Mony to be payd to him that has been Injured this is but a satisfaction for the hurt done him and extinguisheth the accusation of the party injured not the crime of the offender Ignominy is the infliction of such Evill as is made Dishonorable or the deprivation of such Good as is made Honourable by the Common-wealth For there be some things Honorable by Nature as the effects of Courage Magnamity Strength Wisdome and other abilities of body and mind Others made Honorable by the Common-wealth as Badges Titles Offices or any other singular marke of the Soveraigns favour The former though they may faile by nature or accident cannot be taken away by a Law and therefore the losse of them is not Punishment But the later may be taken away by the publique authority that made them Honorable and are properly Punishments Such are degrading men condemned of their Badges Titles and Offices or declaring them uncapable of the like in time to come Imprisonment is when a man is by publique Authority deprived of liberty and may happen from two divers ends whereof one is the safe custody of a man accused the other is the inflicting of paine on a man condemned The former is not Punishment because no man is supposed to be Punisht before he be Judicially heard and declared guilty And therefore whatsoever hurt a man is made to suffer by bonds or restraint before his cause be heard over and above that which is necessary to assure his custody is against the Law of Nature But the later is Punishment because Evill and inflicted by publique Authority for somewhat that has by the same Authority been Judged a Transgression of the Law Under this word Imprisoment I comprehend all restraint of motion caused by an externall obstacle be it a House which is called by the general name of a Prison or an Iland as when men are said to be confined to it or a place where men are set to worke as in old time men have been condemned to Quarries and in these times to Gallies or be it a Chaine or any other such impediment Exile Banishment is when a man is for a crime condemned to depart out of the dominion of the Common-wealth or out of a certaine part thereof and during a prefixed time or for ever not to return into it and seemeth not in its own nature without other circumstances to be a Punishment but rather an escape or a publique commandement to avoid Punishment by flight And Cicero sayes there was never any such Punishment ordained in the City of Rome but cals it a refuge of men in danger For if a man banished be neverthelesse permitted to enjoy his Goods and the Revenue of his Lands the meer change of ayr is no Punishment nor does it tend to that benefit of the Common-wealth for which all Punishments are ordained that is to say to the forming of mens wils to the observation of the Law but many times to the dammage of the Common-wealth For a Banished man is a lawfull
contriving their Titles to save the People from the shame of receiving them To have a known Right to Soveraign Power is so popular a quality as he that has it needs no more for his own part to turn the hearts of his Subjects to him but that they see him able absolutely to govern his own Family Nor on the part of his enemies but a disbanding of their Armies For the greatest and most active part of Mankind has never hetherto been well contented with the present Concerning the Offices of one Soveraign to another which are comprehended in that Law which is commonly called the Law of Nations I need not say any thing in this place because the Law of Nations and the Law of Nature is the same thing And every Soveraign hath the same Right in procuring the safety of his People that any particular man can have in procuring the safety of his own Body And the same Law that diâ—…tateth to men that have no Civil Government what they ought to do and what to avoyd in regard of one another dictateth the same to Common-wealths that is to the Consciences of Soveraign Princes and Soveraign Assemblies there being no Court of Naturall Justice but in the Conscience onely where not Man but God raigneth whose Lawes such of them as oblige all Mankind in respect of God as he is the Author of Nature are Naturall and in respect of the same God as he is King of Kings are Lawes But of the Kingdome of God as King of Kings and as King also of a peculiar People I shall speak in the rest of this discourse CHAP. XXXI Of the KINGDOME OF GOD BY NATURE THat the condition of meer Nature that is to say of absolute Liberty such as is theirs that neither are Soveraigns nor Subjects is Anarchy and the condition of Warre That the Praecepts by which men are guided to avoyd that condition are the Lawes of Nature That a Common-wealth without Soveraign Power is but a word without substance and cannot stand That Subjects owe to Soveraigns simple Obedience in all things wherein their obedience is not repugnant to the Lawes of God I have sufficiently proved in that which I have already written There wants onely for the entire knowledge of Civill duty to know what are those Lawes of God For without that a man knows not when he is commanded any thing by the Civill Power whether it be contrary to the â—…aw of God or not and so either by too much civill obedience offends the Divine Majesty or through feare of offending God transgresses the commandements of the Common-wealth To avoyd both these Rocks it is necessary to know what are the Lawes Divine And seeing the knowledge of all Law dependeth on the knowledge of the Soveraign Power I shall say something in that which followeth of the KINGDOME OF GOD. God is King let the Earth rejoyce saith the Psalmist And again God is King though the Nations be angry and he that sitteth on the Cherubins though the earth be moved Whether men will or not they must be subject alwayes to the Divine Power By denying the Existence or Providence of God men may shake off their Ease but not their Yoke But to call this Power of God which extendeth it selfe not onely to Man but also to Beasts and Plants and Bodies inanimate by the name of Kingdome is but a metaphoricall use of the word For he onely is properly said to Raigne that governs his Subjects by his Word and by promise of Rewards to those that obey it and by threatning them with Punishment that obey it not Subjects therefore in the Kingdome of God are not Bodies Inanimate nor creatures Irrationall because they understand no Precepts as his Nor Atheists nor they that believe not that God has any care of the actions of mankind because they acknowledge no Word for his nor have hope of his rewards or fear of his threatnings They therefore that believe there is a God that goeverneth the world and hath given Praecepts and propounded Rewards and Punishments to Mankind are Gods Subjects all the rest are to be understood as Enemies To rule by Words requires that such Words be manifestly made known for else they are no Lawes For to the nature of Lawes belongeth a sufficient and clear Promulgation such as may take away the excuse of Ignorance which in the Lawes of men is but of one onely kind and that is Proclamation or Promulgation by the voyce of man But God declareth his Lawes three wayes by the Dictates of Naturall Reason by Revelation and by the Voyce of some man to whom by the operation of Miracles he procureth credit with the rest From hence there ariseth a triple Word of God Rational Sensible and Prophetique to which Correspondeth a triple Hearing Right Reason Sense Supernaturall and Faith As for Sense Supernaturall which consisteth in Revelation or Inspiration there have not been any Universall Lawes so given because God speaketh not in that manner but to particular persons and to divers men divers things From the difference between the other two kinds of Gods Word Rationall and Prophetique there may be attributed to God a twofold Kingdome Naturall and Prophetique Naturall wherein he governeth as many of Mankind as acknowledge his Providence by the naturall Dictates of Right Reason And Prophetique wherein having chosen out one peculiar Nation the Jewes for his Subjects he governed them and none but them not onely by naturall Reason but by Positive Lawes which he gave them by the mouths of his holy Prophets Of the Naturall Kingdome of God I intend to speak in this Chapter The Right of Nature whereby God reigneth over men and punisheth those that break his Lawes is to be derived not from his Creating them as if he required obedience as of Gratitude for his benefits but from his Irresistible Power I have formerly shewn how the Soveraign Right ariseth from Pact To shew how the same Right may arise from Nature requires no more but to shew in what case it is never taken away Seeing all men by Nature had Right to All things they had Right every one to reigne over all the rest But because this Right could not be obtained by force it concerned the safety of every one laying by that Right to set up men with Soveraign Authority by common consent to rule and defend them whereas if there had been any man of Power Irresistible there had been no reason why he should not by that Power have ruled and defended both himselfe and them according to his own discretion To those therefore whose Power is irresistible the dominion of all men adhaereth naturally by their excellence of Power and consequently it is from that Power that the Kingdome over men and the Right of afflicting men at his pleasure belongeth Naturally to God Almighty not as Creator and Gracious but as Omnipotent And though Punishment be due for Sinne onely because by
and the Gospels and Epistles of the New Testament have had one and the same scope to convert men to the obedience of God 1. in Moses and the Priests 2. in the man Christ and 3. in the Apostles and the successors to Apostolicall power For these three at several times did represent the person of God Moses and his successors the High Priests and Kings of Judah in the Old Testament Christ himself in the time he lived on earth and the Apostles and their successors from the day of Pentecost when the Holy Ghost descended on them to this day It is a question much disputed between the divers sects of Christian Religion From whence the Scriptures derive their Authority which question is also propounded sometimes in other terms as How wee know them to be the Word of God or Why we b◅leeve them to be so And the difficulty of resolving it ariseth chiefly from the impropernesse of the words wherein the question it self is couched For it is beleeved on all hands that the first and originall Author of them is God and consequently the question disputed is not that Again it is manifest that none can know they are Gods Word though all true Christians beleeve it but those to whom God himself hath revealed it supernaturally and therefore the question is not rightly moved of our Know edge of it Lastly when the question is propounded of our Beleefe because some are moved to beleeve for one and others for other reasons there can be rendred no one generall answer for them all The question truly stated is By what Authority they are made Law As far as they differ not from the Laws of Nature there is no doubt but they are the Law of God and carry their Authority with them legible to all men that have the use of naturall reason but this is no other Authority then that of all other Morall Doctrine consonant to Reason the Dictates whereof are Laws not made but Eternall If they be made Law by God himselfe they are of the nature of written Law which are Laws to them only to whom God hath so sufficiently published them as no man can excuse himself by saying he knew not they were his He therefore to whom God hath not supernaturally revealed that they are his nor that those that published them were sent by him is not obliged to obey them by any Authority but his whose Commands have already the force of Laws that is to say by any other Authority then that of the Common-wealth residing in the Soveraign who only has the Legislative power Again if it be not the Legislative Authority of the Common-wealth that giveth them the force of Laws it must bee some other Authority derived from God either private or publique if private it obliges onely him to whom in particular God hath been pleased to reveale it For if every man should be obliged to take for Gods Law what particular men on pretence of private Inspiration or Revelation should obtrude upon him in such a number of men that out of pride and ignorance take their own Dreams and extravagant Fancies and Madnesse for testimonies of Gods Spirit or out of ambition pretend to such Divine testimonies falsely and contrary to their own consciences it were impossible that any Divine Law should be acknowledged If publique it is the Authority of the Common-wealth or of the Church But the Church if it be one person is the same thing with a Common-wealth of Christians called a Common-wealth because it consisteth of men united in one person their Soveraign and a Church because it consisteth in Christian men united in one Christian Soveraign But if the Church be not one person then it hath no authority at all it can neither command nor doe any action at all nor is capable of having any power or right to any thing nor has any Will Reason nor Voice for all these qualities are personall Now if the whole number of Christians be not contained in one Common-wealth they are not one person nor is there an Universall Church that hath any authority over them and therefore the Scriptures are not made Laws by the Universall Church or if it bee one Common-wealth then all Christian Monarchs and States are private persons and subject to bee judged deposed and punished by an Universall Soveraigne of all Christendome So that the question of the Authority of the Scriptures is reduced to this Whether Christian Kings and the Soveraigne Assemblies in Christian Common-wealths be absolute in their own Territories immediately under God or subject to one Vicar of Christ constituted of the Vniversall Church to bee judged condemned deposed and put to death as hee shall think expedient or necessary for the common good Which question cannot bee resolved without a more particular consideration of the Kingdome of God from whence also wee are to judge of the Authority of Interpreting the Scripture For whosoever hath a lawfull power over any Writing to make it Law hath the power also to approve or disapprove the interpretation of the same CHAP. XXXIV Of the Signification of SPIRIT ANGEL and INSPIRATION in the Books of Holy Scripture SEeing the foundation of all true Ratiocination is the constant Signification of words which in the Doctrine following dependeth not as in naturall science on the Will of the Writer nor as in common conversation on vulgar use but on the sense they carry in the Scripture It is necessary before I proceed any further to determine out of the Bible the meaning of such words as by their ambiguity may render what I am to inferre upon them obscure or disputable I will begin with the words BODY and SPIRIT which in the language of the Schools are termed Substances Corporeall and Incorporeall The Word Body in the most generall acceptation signifieth that which filleth or occupyeth some certain room or imagined place and dependeth not on the imagination but is a reall part of that we call the Vniverse For the Vniverse being the Aggregate of all Bodies there is no reall part thereof that is not also Body nor any thing properly a Body that is not also part of that Aggregate of all Bodies the Vniverse The same also because Bodies are subject to change that is to say to variety of apparence to the sense of living creatures is called Substance that is to say Subject to various accidents as sometimes to be Moved sometimes to stand Still and to seem to our senses sometimes Hot sometimes Cold sometimes of one Colour Smel Tast or Sound somtimes of another And this diversity of Seeming produced by the diversity of the operatiō of bodies on the organs of our sense we attribute to alterations of the Bodies that operate call them Accidents of those Bodies And according to this acceptation of the word Substance and Body signifie the same thing and therefore Substance incorporeall are words which when they are joined together destroy one another as if
deceive many more In this aptitude of mankind to give too hasty beleefe to pretended Miracles there can be no better nor I think any other caution then that which God hath prescribed first by Moses as I have said before in the precedent chapter in the beginning of the 13. and end of the 18. of Deuteronomy That wee take not any for Prophets that teach any other Religion then that which Gods Lieutenant which at that time was Moses hath established nor any though he teach the same Religion whose Praediction we doe not see come to passe Moses therefore in his time and Aaron and his successors in their times and the Soveraign Governour of Gods people next under God himself that is to say the Head of the Church in all times are to be consulted what doctrine he hath established before wee give credit to a pretended Miracle or Prophet And when that is done the thing they pretend to be a Miracle we must both see it done and use all means possible to consider whether it be really done and not onely so but whether it be such as no man can do the like by his naturall power but that it requires the immediate hand of God And in this also we must have recourse to Gods Lieutenant to whom in all doubtfull cases wee have submitted our private judgments For example if a man pretend that after certain words spoken over a peece of bread that presently God hath made it not bread but a God or a man or both and neverthelesse it looketh still as like bread as ever it did there is no reason for any man to think it really done nor consequently to fear him till he enquire of God by his Vicar or Lieutenant whether it be done or not If he say not then followeth that which Moses saith Deut. 18. 22. he hath spoken it presumptuously thou shalt not fear him If he say 't is done then he is not to contradict it So also if wee see not but onely hear tell of a Miracle we are to consult the Lawful Church that is to say the lawful Head thereof how far we are to give credit to the relators of it And this is chiefly the case of men that in these days live under Christian Soveraigns For in these times I do not know one man that ever saw any such wondrous work done by the charm or at the word or prayer of a man that a man endued but with a mediocrity of reason would think supernaturall and the question is no more whether what wee see done be a Miracle whether the Miracle we hear or read of were a reall work and not the Act of a tongue or pen but in plain terms whether the report be true or a lye In which question we are not every one to make our own private Reason or Conscience but the Publique Reason that is the reason of Gods Supreme Lieutenant Judge and indeed we have made him Judge already if wee have given him a Soveraign power to doe all that is necessary for our peace and defence A private man has alwaies the liberty because thought is free to beleeve or not beleeve in his heart those acts that have been given out for Miracles according as he shall see what benefit can accrew by mens belief to those that pretend or countenance them and thereby conjecture whether they be Miracles or Lies But when it comes to confession of that faith the Private Reason must submit to the Publique that is to say to Gods Lieutenant But who is this Lieutenant of God and Head of the Church shall be considered in its proper place hereafter CHAP. XXXVIII Of the Signification in Scripture of ETERNALL LIFE HELL SALVATION THE WORLD TO COME and RÉDEMPTION THe maintenance of Civill Society depending on Justice and Justice on the power of Life and Death and other lesse Rewards and Punishments residing in them that have the Soveraignty of the Common-wealth It is impossible a Common-wealth should stand where any other than the Soveraign hath a power of giving greater rewards than Life and of inflicting greater punishments then Death Now seeing Eternall life is a greater reward than the life present and Eternall torment a greater punishment than the death of Nature It is a thing worthy to be well considered of all men that desire by obeying Authority to avoid the calamities of Confusion and Civill war what is meant in holy Scripture by Life Eternall and Torment Eternall and for what offences and against whom committed men are to be Eternally tormented and for what actions they are to obtain Eternall life And first we find that Adam was created in such a condition of life as had he not broken the commandement of God he had enjoyed it in the Paradise of Eden Everlastingly For there was the Tree of life whereof he was so long allowed to eat as he should forbear to eat of the tree of Knowledge of Good and Evill which was not allowed him And therefore as soon as he had eaten of it God thrust him out of Paradise lest he should put forth his hand and take also of the tree of life and live for ever By which it seemeth to me with submission neverthelesse both in this and in all questions whereof the determination dependeth on the Scriptures to the interpretation of the Bible authorized by the Common-wealth whose Subject I am that Adam if he had not sinned had had an Eternall Life on Earth and that Mortality entred upon himself and his posterity by his first Sin Not that actuall Death then entred for Adam then could never have had children whereas he lived long after and saw a numerous posterity ere he dyed But where it it is said In the day that thou eatest thereof thou shalt surely die it must needs bee meant of his Mortality and certitude of death Seeing then Eternall life was lost by Adams forfeiture in committing sin he that should cancell that forfeiture was to recover thereby that Life again Now Jesus Christ hath satisfied for the sins of all that beleeve in him and therefore recovered to all beleevers that ETERNALL LIFE which was lost by the sin of Adam And in this sense it is that the comparison of St. Paul holdeth Rom. 5. 18 19. As by the offence of one Iudgment came upon all men to condemnation even so by the righteousnesse of one the free gift came upon all men to Iustification of Life Which is again 1 Cor. 15. 21 22. more perspicuously delivered in these words For since by man came death by man came also the resurrection of the dead For as in Adam all die even so in Christ shall all be made alive Concerning the place wherein men shall enjoy that Eternall Life which Christ hath obtained for them the texts next before alledged seem to make it on Earth For if as in Adam all die that is have forfeited Paradise and Eternall Life on Earth even so in
forward they were accounted the Law of the Jews and for such translated into Greek by Seventy Elders of Judaea and put into the Library of Ptolemy at Alexandria and approved for the Word of God Now seeing Esdras was the High Priest and the High Priest was their Civill Soveraigne it is manifest that the Scriptures were never made Laws but by the Soveraign Civill Power By the Writings of the Fathers that lived in the time before that Christian Religion was received and authorised by Constantine the Emperour we may find that the Books wee now have of the New Testament were held by the Christians of that time except a few in respect of whose paucity the rest were called the Catholique Church and others Haeretiques for the dictates of the Holy Ghost and consequently for the Canon or Rule of Faith such was the reverence and opinion they had of their Teachers as generally the reverence that the Disciples bear to their first Masters in all manner of doctrine they receive from them is not small Therefore there is no doubt but when S. Paul wrote to the Churches he had converted or any other Apostle or Disciple of Christ to those which had then embraced Christ they received those their Writings for the true Christian Doctrine But in that time when not the Power and Authority of the Teacher but the Faith of the Hearer caused them to receive it it was not the Apostles that made their own Writings Canonicall but every Convert made them so to himself But the question here is not what any Christian made a Law or Canon to himself which he might again reject by the same right he received it but what was so made a Canon to them as without injustice they could not doe any thing contrary thereunto That the New Testament should in this sense be Canonicall that is to say a Law in any place where the Law of the Common-wealth had not made it so is contrary to the nature of a Law For a Law as hath been already shewn is the Commandement of that Man or Assembly to whom we have given Soveraign Authority to make such Rules for the direction of our actions as hee shall think fit and to punish us when we doe any thing contrary to the same When therefore any other man shall offer unto us any other Rules which the Soveraign Ruler hath not prescribed they are but Counsell and Advice which whether good or bad hee that is counselled may without injustice refuse to observe and when contrary to the Laws already established without injustice cannot observe how good soever he conceiveth it to be I say he cannot in this case observe the same in his actions nor in his dicourse with other men though he may without blame beleeve his private Teachers and wish he had the liberty to practise their advice and that it were publiquely received for Law For internall Faith is in its own nature invisible and consequently exempted from all humane jurisdiction whereas the words and actions that proceeed from it as breaches of our Civill obedience are injustice both before God and Man Seeing then our Saviour hath denyed his Kingdome to be in this world seeing he had said he came not to judge but to save the world he hath not subjected us to other Laws than those of the Common-wealth that is the Jews to the Law of Moses which he saith Mat. 5. he came not to destroy but to fulfill and other Nations to the Laws of their severall Soveraigns and all men to the Laws of Nature the observing whereof both he himselfe and his Apostles have in their teaching recommended to us as a necessary condition of being admitted by him in the last day into his eternall Kingdome wherein shall be Protection and Life everlasting Seeing then our Saviour and his Apostles left not new Laws to oblige us in this world but new Doctrine to prepare us for the next the Books of the New Testament which containe that Doctrine untill obedience to them was commanded by them that God had given power to on earth to be Legislators were not obligatory Canons that is Laws but onely good and safe advice for the direction of sinners in the way to salvation which every man might take and refuse at his owne perill without injustice Again our Saviour Christs Commission to his Apostles and Disciples was to Proclaim his Kingdome not present but to come and to Teach all Nations and to Baptize them that should beleeve and to enter into the houses of them that should receive them and where they were not received to shake off the dust of their feet against them but not to call for fire from heaven to destroy them nor to compell them to obedience by the Sword In all which there is nothing of Power but of Perswasion He sent them out as Sheep unto Wolves not as Kings to their Subjects They had not in Commission to make Laws but to obey and teach obedience to Laws made and consequently they could not make their Writings obligatory Canons without the help of the Soveraign Civill Power And therefore the Scripture of the New Testament is there only Law where the lawfull Civill Power hath made it so And there also the King or Soveraign maketh it a Law to himself by which he subjecteth himselfe not to the Doctor or Apostle that converted him but to God himself and his Son Jesus Christ as immediately as did the Apostles themselves That which may seem to give the New Testament in respect of those that have embraced Christian Doctrine the force of Laws in the times and places of persecution is the decrees they made amongst themselves in their Synods For we read Acts 15. 28. the stile of the Councell of the Apostles the Elders and the whole Church in this manner It seemed good to the Holy Ghost and to us to lay upon you no greater burthen than these necessary things c. which is a stile that signifieth a Power to lay a burthen on them that had received their Doctrine Now to lay a burden on another seemeth the same that to oblige and therefore the Acts of that Councell were Laws to the then Christians Neverthelesse they were no more Laws than are these other Precepts Repent Be Baptized Keep the Commandements Beleeve the Gospel Come unto me Sell all that thou hast Give it to the poor and Follow me which are not Commands but Invitations and Callings of men to Christianity like that of Esay 55. 1. Ho every man that thirâ—…teth come yee to the waters come and buy wine and milke without money For first the Apostles power was no other than that of our Saviour to invite men to embrace the Kingdome of God which they themselves acknowledged for a Kingdome not present but to come and they that have no Kingdome can make no Laws And secondly if their Acts of Councell were Laws they could not without sin be disobeyed But we read
Laws if any else can make a Law besides himselfe all Common-wealth and consequently all Peace and Justice must cease which is contrary to all Laws both Divine and Humane Nothing therefore can be drawn from these or any other places of Scripture to prove the Decrees of the Pope where he has not also the Civill Soveraignty to be Laws The last point hee would prove is this That our Saviour Christ has committed Ecclesiasticall Iurisdiction immediately to none but the Pope Wherein he handleth not the Question of Supremacy between the Pope and Christian Kings but between the Pope and other Bishops And first he sayes it is agreed that the Jurisdiction of Bishops is at least in the generall de Iure Divino that is in the Right of God for which he alledges S. Paul Ephes. 4. 11. where hee sayes that Christ after his Ascension into heaven gave gifts to men some Apostles some Prophets and some Evangelists and some Pastors and some Teachers And thence inferres they have indeed their Jurisdiction in Gods Right but will not grant they have it immediately from God but derived through the Pope But if a man may be said to have his Jurisdiction de Jure Divino and yet not immediately what lawfull Jurisdiction though but Civill is there in a Christian Common-wealth that is not also de Jure Divino For Christian Kings have their Civill Power from God immediately and the Magistrates under him exercise their severall charges in vertue of his Commission wherein that which they doe is no lesse de Jure Divino mediato than that which the Bishops doe in vertue of the Popes Ordination All lawfull Power is of God immediately in the Supreme Governour and mediately in those that have Authority under him So that either hee must grant every Constable in the State to hold his Office in the Right of God or he must not hold that any Bishop holds his so besides the Pope himselfe But this whole Dispute whether Christ left the Jurisdiction to the Pope onely or to other Bishops also if considered out of those places where the Pope has the Civill Soveraignty is a contention de lana Caprina For none of them where they are not Soveraigns has any Jurisdiction at all For Jurisdiction is the Power of hearing and determining Causes between man and man and can belong to none but him that hath the Power to prescribe the Rules of Right and Wrong that is to make Laws and with the Sword of Justice to compell men to obey his Decisions pronounced either by himself or by the Judges he ordaineth thereunto which none can lawfully do but the Civill Soveraign Therefore when he alledgeth out of the 6 of Luke that our Saviour called his Disciples together and chose twelve of them which he named Apostles he proveth that he Elected them all except Matthias Paul and Barnabas and gave them Power and Command to Preach but not to Judge of Causes between man and man for that is a Power which he refused to take upon himselfe saying Who made me a Iudge or a Divider amongst you and in another place My Kingdome is not of this world But hee that hath not the Power to hear and determine Causes between man and man cannot be said to have any Jurisdiction at all And yet this hinders not but that our Saviour gave them Power to Preach and Baptize in all parts of the world supposing they were not by their own lawfull Soveraign forbidden For to our own Soveraigns Christ himself and his Apostles have in sundry places expressely commanded us in all things to be obedient The arguments by which he would prove that Bishops receive their Jurisdiction from the Pope seeing the Pope in the Dominions of other Princes hath no Jurisdiction himself are all in vain Yet because they prove on the contrary that all Bishops receive Jurisdiction when they have it from their Civill Soveraigns I will not omit the recitall of them The first is from Numbers 11. where Moses not being able alone to undergoe the whole burthen of administring the affairs of the People of Israel God commanded him to choose Seventy Elders and took part of the spirit of Moses to put it upon those Seventy Elders by which is understood not that God weakned the spirit of Moses for that had not eased him at all but that they had all of them their authority from him wherein he doth truly and ingenuously interpret that place But seeing Moses had the entire Soveraignty in the Common-wealth of the Jews it is manifest that it is thereby signified that they had their Authority from the Civill Soveraign and therefore that place proveth that Bishops in every Christian Common-wealth have their Authority from the Civill Soveraign and from the Pope in his own Territories only and not in the Territories of any other State The second argument is from the nature of Monarchy wherein all Authority is in one Man and in others by derivation from him But the Government of the Church he says is Monarchicall This also makes for Christian Monarchs For they are really Monarchs of their own people that is of their own Church for the Church is the same thing with a Christian people whereas the Power of the Pope though hee were S. Peter is neither Monarchy nor hath any thing of Archicall nor Craticall but onely of Didacticall For God accepteth not a forced but a willing obedience The third is from that the Sea of S. Peter is called by S. Cyprian the Head the Source the Roote the Sun from whence the Authority of Bishops is derived But by the Law of Nature which is a better Principle of Right and Wrong than the word of any Doctor that is but a man the Civill Soveraign in every Common-wealth is the Head the Source the Root and the Sun from which all Jurisdiction is derived And therefore the Jurisdiction of Bishops is derived from the Civill Soveraign The fourth is taken from the Inequality of their Jurisdictions For if God saith he had given it them immediately he had given aswell Equality of Jurisdiction as of Order But wee see some are Bishops but of own Town some of a hundred Towns and some of many whole Provinces which differences were not determined by the command of God their Jurisdiction therefore is not of God but of Man and one has a greater another a lesse as it pleaseth the Prince of the Church Which argument if he had proved before that the Pope had had an Universall Jurisdiction over all Christians had been for his purpose But seeing that hath not been proved and that it is notoriously known the large Jurisdiction of the Pope was given him by those that had it that is by the Emperours of Rome for the Patriarch of Constantinople upon the same title namely of being Bishop of the Capitall City of the Empire and Seat of the Emperour claimed to be equall to him it followeth that all other Bishops
Reason and â—…loquence though not perhaps in the Naturall Sciences yet in the Morall may stand very well together For wheresoever there is place for adorning and preferring of Errour there is much more place for adorning and preferring of Truth if they have it to adorn Nor is there any repugnancy between fearing the Laws and not fearing a publique Enemy nor between abstaining from Injury and pardoning it in others There is therefore no such Inconsistence of Humane Nature with Civill Duties as some think I have known cleernesse of Judgment and largenesse of Fancy strength of Reason and gracefull Elocution a Courage for the Warre and a Fear for the Laws and all eminently in one man and that was my most noble and honored friend Mr. Sidney Godolphin who hating no man nor hated of any was unfortunately slain in the beginning of the late Civill warre in the Publique quarrell by an undiscerned and an undiscerning hand To the Laws of Nature declared in the 15. Chapter I would have this added That every man is bound by Nature as much as in him lieth to protect in Warre the Authority by which he is himself protected in time of Peace For he that pretendeth a Right of Nature to preserve his owne body cannot pretend a Right of Nature to destroy him by whose strength he is preserved It is a manifest contradiction of himselfe And though this Law may bee drawn by consequence from some of those that are there already mentioned yet the Times require to have it inculcated and remembred And because I find by divers English Books lately printed that the Civill warres have not yet sufficiently taught men in what point of time it is that a Subject becomes obliged to the Conquerour nor what is Conquest nor how it comes about that it obliges men to obey his Laws Therefore for farther satisfaction of men therein I say the point of time wherein a man becomes subject to a Conquerour is that point wherein having liberty to submit to him he consenteth either by expresse words or by other sufficient sign to be his Subject When it is that a man hath the liberty to submit I have shewed before in the end of the 21. Chapter namely that for him that hath no obligation to his former Soveraign but that of an ordinary Subject it is then when the means of his life is within the Guards and Garrisons of the Enemy for it is then that he hath no longer Protection from him but is protected by the adverse party for his Contribution Seeing therefore such contribution is every where as a thing inevitable notwithstanding it be an assistance to the Enemy esteemed lawfull a totall Submission which is but an assistance to the Enemy cannot be esteemed unlawful Besides if a man consider that they who submit assist the Enemy but with part of their estates whereas they that refuse assist him with the whole there is no reason to call their Submission or Composition an Assistance but rather a Detriment to the Enemy But if a man besides the obligation of a Subject hath taken upon him a new obligation of a Souldier then he hath not the liberty to submit to a new Power as long as the old one keeps the field and giveth him means of subsistence either in his Armies or Garrisons for in this case he cannot complain of want of Protection and means to live as a Souldier But when that also failes a Souldier also may seek his Protection wheresoever he has most hope to have it and may lawfully submit himself to his new Master And so much for the Time when he may do it lawfully if hee will If therefore he doe it he is undoubtedly bound to be a true Subject For a Contract lawfully made cannot lawfully be broken By this also a man may understand when it is that men may be said to be Conquered and in what the nature of Conquest and the Right of a Conquerour consisteth For this Submission is it implyeth them all Conquest is not the Victory it self but the Acquisition by Victory of a Right over the persons of men He therefore that is slain is Overcome but not Conquered He that is taken and put into prison or chaines is not Conquered though Overcome for he is still an Enemy and may save himself if hee can But he that upon promise of Obedience hath his Life and Liberty allowed him is then Conquered and a Subject and not before The Romanes used to say that their Generall had Pacified such a Province that is to say in English Conquerea it and that the Countrey was Pacified by Victory when the people of it had promised Imperata facere that is To doe what the Romane People commanded them this was to be Conquered But this promise may be either expresse or tacite Expresse by Promise Tacite by other signes As for example a man that hath not been called to make such an expresse Promise because he is one whose power perhaps is not considerable yet if he live under their Protection openly hee is understood to submit himselfe to the Government But if he live there secretly he is lyable to any thing that may bee done to a Spie and Enemy of the State I say not hee does any Injustice for acts of open Hostility bear not that name but that he may be justly put to death Likewise if a man when his Country is conquered be out of it he is not Conquered nor Subject but if at his return he submit to the Government he is bound to obey it So that Conquest to define it is the Acquiring of the Right of Soveraignty by Victory Which Right is acquired in the peoples Submission by which they contract with the Victor promising Obedience for Life and Liberty In the 29. Chapter I have set down for one of the causes of the Dissolutions of Common-wealths their Imperfect Generation consisting in the want of an Absolute and Arbitrary Legislative Power for want whereof the Civill Soveraign is fain to handle the Sword of Justice unconstantly and as if it were too hot for him to hold One reason whereof which I have not there mentioned is this That they will all of them justifie the War by which their Power was at first gotten and whereon as they think their Right dependeth and not on the Possession As if for example the Right of the Kings of England did depend on the goodnesse of the cause of William the Conquerour and upon their lineall and directest Descent from him by which means there would perhaps be no tie of the Subjects obedience to their Soveraign at this day in all the world wherein whilest they needlessely think to justifie themselves they justifie all the successefull Rebellions that Ambition shall at any time raise against them and their Successors Therefore I put down for one of the most effectuall seeds of the Death of any State that the Conquerors require not onely a Submission of mens actions to them
Thirst. Aversion Love Hate Contempt Good Evill Pulchrum Turpe Delightfull Profitable 〈◊〉 Unprofitable Delight Displeasure Pleasure Offence Pleasures of sense Pleasures of the Mind Joy Paine Griefe Hope Despaire Feare Courage Anger Confidence Diffidâ—…nce Indignation Benevolence Good Nature Covetousnesse Ambition Pusillanimity Magnanimity Valour Liberality Miserablenesse Kindnesse Naturall Lust. Luxury The passion of Love Jealousie Revengefulnesse Curiosity Religion Superstition True Religion Panique Terrour Admiration Glory Vain-glory. Dejection Sudden Glory Laughter Sudden Dejection Weeping Shame Blushing Impudence Pitty Cruelty Emulation Envy Deliberation The Will Formes of Speech in Passion Good and Evill apparent Felicity Praise Magnification 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Judgement or Sentence â—…inal Doubt Science Opinioâ—… Consciâ—…ce Beliefe Faith Intellectuall Vertue defined Wit Naturall or Acquired Naturall Wit Good Wit or Fancy Good Judgement Discretion Prudence Craft Acquired Wit Giddinesse Madnesse Rage Melancholy Insignificant Speech Power Worth Dignity To Honour and Dishonour Honourable Dishonourable Coats of Armes Titles of Honour Worthinesse Fitnesse What is here meant by Manners A restlesse desire of Power in all men Love of Contention from Competition Civil obedience from love of Ease From feare of Death or Wounds And from love of Arts. Love of Vertue from love Praise Hate from difficulty of Requiting great Benefits And from Conscience of deserving to 〈◊〉 〈◊〉 Promptnesse to hurt from Fear And from distrufl of their own wit Vain undertaking from Vain-glory. Ambition from opinion of sufficiency Irresolution from too great valuing of small matters Conâ—…idence in others â—…rom Ignorance of the marks of Wisdome and Kindnesse And from Ignorance of naturall causes And from want of Understanding Adhaerence to Custome from Ignorance of the nature of Right and Wrong Adhaerence to private men From ignorance of the Causes of Peace Credulity from Ignorance of nature Curiosity to know from Care of future time Naturall Re ligion from the same Religion in Man onely First from his desire of knowing Causes From the consideration of the Begining of thingâ—… From his observation of the Sequell of things The naturall Cause of Religion the Anxiety of the time to come Which makes them fear the Power of Inuisible things And suppose them Incorporeall But know not the way how they effect any thing But honour them as they honour mâ—…n And attribute to them all extraordinary events Foure things Naturall seeds of Religion Mide different by Culture The absurd opinion of Gentilisme The designes of the Authors of the Religion of the Heathen The true Religion and the lawes of Gods kingdome the same Chap. 35. The causes of Change in Religion Injoyning beleefe of Impossibilities Doing contrary to the Religion they establish Want of the testimony of Miracles * Exod. 32. 1 2. * Judges 2. 11. * 1 Sam. 8. 3. Men by nature Equall From Equâ—…lity proceâ—…ds Diâ—…idence From Diffidence Warre Out of Civil States there is alwayes Warre of every one against every one The Incommodities of such a War In such a Warre nothing is Unjust The Passions that incline men to Peace Right of Nature what Liberty what A Law of Nature what Difference of Right and Law Naturally every man has Right to everything The Fundamentall Law of Nature The seoond Law of Nature What it is to lay down a Right Renouncing a Right what it is Transferring Right what Obligation Duty Injustice Not all Rights are alienable Contract what Covenant what Free-gift Signes of Contract Expresse Signes of Contract by Inference Free gift passeth by words of the Present or Past. Signes of Contract are words both of the Past Present and Future Merit what Covenants of Mutuall trust when Invalid Right to the End Containeth Right to the Means No Covenant with Beasts Nor with God witâ—…out speciall Revelation No Covenant but of Possible and Future Covenants how made voyd Covenants extorted by feare are valide The former Covenant to one makes voyd the later to another A mans Covenant not to defend himselfe is voyd No man obliged to accuse himself The End of an Oath The forme of an Oath No Oath but by God An Oath addes nothing to the Obligation The third Law of Nature Justice Justice and Jnjustice what Justice and Propriety begin with the Constitution of Common-wealth Justice not Contrary to Reason Covenants not discharged by the Vice of the Person to whom they are made Justice of Men Iustice of Actions what Iustice of Manners and Iustice of Actions Nothing done to a man by his own consent can be Injury Justice Commutative and Distributive The fourth Law of Nature Gratitude The fifth Mutuall accommodetion or Compleasance The sixth Facility to Pardon The seventh that in Revenges men respect onely the future good The eighth against Contumely The ninth against 〈◊〉 The tenth against Arrogance The elevâ—…nth Equity The twelfth Equall use of things Common The thirteenth of Lot The fourteenth of Primogeniture and First seising The â—…fteenth of Mediators The sixteenth of Submission to Arbitrement The seventeenth No man is his own Judge The eighteenth no man to be Judge that has in him a natural cause of Partiality The nineteenth of Witnesses A Rule by which the Laws of Nâ—…ture may eâ—…sily be examined The Lawes of Nature oblige inConscience alwayes but in Effect then onely when there is Security The Laws of Nature are Eternal And yet Easie The Science of these Lawes is the true Morall Philosophy A Person what Person Naturall and Artificiall The word Person whence Actor Author Authority Covenants by Authority bind the Author But not the Actor The Authority is to be shewne Things personated Inanimate Irrational False Gods The true God A Multitude of men how one Person Every one is Author An Actor may be Many men made One by Plurâ—…lity of Voyâ—… Representatives when the number is even unprofitable Negativâ—… voyce The End of Commonweâ—…th particular Security Chap. 13. Which is not to be had from the Law of Nature Nor from the conjunction of a few men or familyes Nor from a great Multitude unlesse directed by one judgement And that continually Why certain creatures without reason or speech do neverthelesse live in Society without any câ—…rcive Power The Generation of a Common-wealth The Definition of a Common-wealth Soveraigne and Subjeâ—…t what The act of Instituting a Common-wealth what The Consequences to such Institution are 1. The Subjects cannot change the forme of government 2. Soveraigne Power cannot be forfeited 3 No man can without injustice protest against the Institution of the Soveraigne declared by the major part 4 The Soveraigns Actions cannot be justly accused by the Subject 5. What soever the Soveraigne doth is unpunishable by the Subject 6. The Soveraigne is judge of what is necessary for the Peace and Defence of his Subjects And Iudge of what Doctrines are fit to be taught them 7 The Right of making Rules whereby the Subjects may every man know what is so his owne as no other Subject can without injustice take it from him 8 To
Examples of Impunity Extenuate Praemeditation Aggravateth Tacite approbation of the Soveraign Extenuates Comparison of Crimes from their Effects Laesa Majestas Bribery and False testimony Depeculation Counterfeiting Authority Crimes against private men compared Publique Crimes what The definition of Punishment Right to Punish whence derived Private injuries and revenges no Punishments Nor denyall of preferment Nor pain inflicted without publique hearing Nor pain inflicted by Usurped power Nor pain inflicted without respect to to the future good Naturall evill consequences no Punishments Hurt inflicted if lesse than the benefit of transgressing is not Punishment Where the Punishment is annexed to the Law a greater hurt is not Punishment but 〈◊〉 Hurt inflicted for a fact done before the Law no Punishment The Representative of the Common-wealth Unpunishable Hurt to Revolted Subjects is done by right of War not by way of Punishment Punishments Corporall Capitall Ignominy Imprisonment Exile The Punishment of Innocent Subjects is contrary to the Law of Nature But the Harme done to Innocents in War not so Nor that which is done to declared Rebels Reward is either Salary or Grace Benefits bestowed for fear are not Rewards Salaries Certain and Casuall Dissolution of Common-wealths proceedeth from their Imperfect Institution Want of Absolute power Private Judgement of Good and Evill Erroneous conscience Pretence of Inspiration Subjecting the Soveraign Power to Civill Lawes Attributing of absolute Propriâ—…ty to 〈◊〉 Dividing of the Soveraign Power Imitatioâ—… of Neighbour Natiouâ—… Imitation of the Greâ—…ks and Romans Mixt Government Want of Mony Monopolies and abuses of Publicans Popular men Excessive greatnesse of a â—…own multitude of Corporations Liberty of disputing against Soveraign Power Dissolution of the Common-wealth The Procuration of the Good of the People By Instrâ—…ction Lawes Against the duty of a Soveraign to relinquish any Essentiall Right of Soveraignty Or not to seâ—… the people taught the grounds of them Objection of those that say there are no Principles of Reason for absolute Soveraigâ—…ty Objection from the Incapacity of the vulgar Subjects are to be taught not to affect change of Government Nor adhere against the Soveraign to Popular men Nor to Dispute the Soveraign Power And to have dayes set apart to learn their Duty And to Honour their Parents And to avoyd doing of Injury And to do all this sincerely from the heart The use of Uâ—…iversities Equall â—…xes Publique Charity 〈◊〉 of Idlenesse Goâ—… Laweâ—… whâ—…t Such as are Necessary Such as are Perspicuous Punishments Rewards Counsellours Commanders The scope of the following Chapters Psal. 96 1. Psal. 98. 1. Who are subjects in the kingdome of God A Threefold Word of God Reason Revelation Prophâ—…y A twofold Kingdome of God Naturall and Prophetique The Right of Gods Soveraignty is derived from his Omnipotence Sinne not the cause of all Affliction Psal. 72. ver 1 2 3. Job 38. v. 4. Divine Lawes Honour and Worship what Severall signes of Honour Worship Naturall and Arbitrary Worship Commanded and Free Worship Publique and Private The End of Worship Attributes of Divine Honour Actions that are signes of Divine Honour Publique Worship consisteth in Uniformity All Attributes depend on the Lawes Civill Not all Actions Naturall Punishments The Conclusion of the Second Part. The Word of God delivered by Prophets is the mainprinciple of Christian Politiques Yet is not naturall Reason to be renounced What it is to captivate the Understanding How God speaketh to men By what marks Prophets are known 1 Kings 22. 1 Kings 13. Deut. 13. v. 1 2 3 4 5. Mat. 24. 24. Gal. 1. 8. The marks of a Prophet in the old law Miracles and Doctrin conformable to the law Miracles ceasing Prophets cease and the Scripture supplies their place Of the Books of Holy Scripture Their Antiquity The Pentaâ—… not written by Moses Deut. 31. 9. Deut. 31. 26. 2 King 22. 8. 23. 1 2 3. The Book of Joshua written after his time Josh. 4. 9. Josh. 5. 9. Josh. 7. 26. The Booke of Judges and Ruth written long after the Captivity The like of the Bookes of Samuel 2 Sam. 6. 4. The Books of the Kings and the Chronicles Ezra and Nehemiah Esther Job The Psalter The Proverbs Ecclesiastes and the Canticles The Prophets The New Testament Their Scope The question of the Authority of the Scriptures stated Their Authority and Interpretation Body and Spirit how taken in the Scripture The Spirit of God taken in the Scripture sometimes for a Wind or Breath Secondly for extraordinary gifts of the Vnderstanding Thirdly for extraordinary Affections Fourthly for the gift of Prediction by Dreams and Visions Fifâ—…ly for Life Sixtly for a subordination to authority Seventhly for Aeriall Bodies Angel what Inspiration what The Kingdom of God taken by Divines Metaphorically but in the Scriptures properly The originall of the Kingdome of God That the Kingdome of God is properly his Civill Soveraignty over a peculiar people by pact Holy what Sacred what Degrees of Sanctity Sacrament Word what The words spoken by God and concerning God both are called God 's Word in Scripture 1 Tim. 4. 1. The Word of God metaphorically used first for the Decrees and Power of God Secondly for the effect of his Word Acts 1. 4. Luke 24. 49. Thirdly for the words of reason and equity Divers acceptions of the word Prophet Praediction of future contingents not alwaies Prophecy The manner how God hath spoken to the Prophets To the Extraordinary Prophets of the Old Testament he spake by Dreams or Visions To Prophets of perpetuall Calling and Supreme God spake in the Old Testament from the Mercy Seat in a manner not expressed in the Scripture To Prophets of perpetuall Calling but subordinate God spake by the Spirit â—…od sometimes also spake by Lots Every man ought to examine the probability of a pretended Prophets Calling All prophecy but of the Soveraign Prophet is to be examined by every Subject A Miracle is a work that causeth Admiration And must therefore be rare and whereof there is no naturall cause known That which seemeth a Miracle to one man may seem otherwise to another The End of Miracles Exo. 4. 1 c. The definition of a Miracle Exod. 7. 11. Exod. 7. 22. Exod. 8. 7. That men are apt to be deceived by false Miracles Cautions against the Imposture of Miracles The place of Adams Eternity if he had not sinned had been the terrestiall Paradise Gen. 3. 22. Texts concerning the place of Life Eternall for Beleevers Ascension into heaven The place after Judgment of those who were never in the Kingdome of God 〈◊〉 having been in are cast out Tartarus The congregation of Giants Lake of Fire Vtter Darknesse Gehenna and Tophet Of the literall sense of the Scripture concerning Hell Satan Devill not Proper names but Appellatives Torments of Hell Apoc. 20. 13 14. The Joyes of Life Eternall and Salvation the same thing Salvation from Sin and from Misery all one The Place of Eternall Salvation 2 Pet. 2. 5. 2 Pet. 3. 13.
Redemption Church the Lords house Ecclesia properly what Acts 19. 39. In what sense the Church is one Person Church defined A Christian Common-wealth and a Church all one The Soveraign Rights of Abraham Abraham had the sole power of ordering the Religion of his own people No pretence of Private Spirit against the Religion of Abraham Abraham sole Judge and Interpreter of what God spake The authority of Moses whereon grounded John 5. 31. Moses was under God Soveraign of the Jews all his own time though Aaron had the Priesthood All spirits were subordinate to the spirit of Moses After Moses the Soveraignty was in the High Priest Of the Soveraign power between the time of Joshua and of Saul Of the Rights of the Kings of Israel The practice of Supremacy in Religion was not in the time of the Kings according to the Right thereof 2 Chro. 19. 2. After the Captivity the Iews â—…ad no setled Common-wealth Three parts of the Office of Christ. His Office as a Redeemer Christs Kingdome not of this woâ—…ld The End of Christs comming was to renew the Covenant of the Kingdome of God and to perswade the Elect to imbrace it which was the second part of his Office The preaching of Christ not contrary to the then law of the Iews nor of Caesar. The third part of his Office was to be King under his Father of the Elect. Christs authority in the Kingdome of God subordinate to that of his Father One and the same God is the Person represented by Moses and by Christ. Of the Holy Spirit that fel on the Apostles Of the Trinity The Power Ecclesiasticall is but the power to teach An argument thereof the Power of Christ himself From the name of Regeneration From the compariâ—…on of it with Fishing Leaven Seed Fâ—…om the nature of 〈◊〉 2 Cor. 1. 24. From the Authority Christ hath lâ—…st to Civill Princes What Christians may do to avoid persecution Of Martyrs Argument from the points of their Commission To Preach And Teach To Baptize And to Forgive and Retain Sinnes Mat. 18. 15 16 17. Of Excommunication The use of Excommunication without Civill Power Acts 9. 2. Of no effect upon an Apostate But upon the faithfull only For what fault lyeth Excommunication Ofpersons liaable to Excommunication 1 Sam. 8. Of the Interpreter of the Scriptures before Civil Soveraigns became Christians Of the Power to make Scripture Law Of the Ten Commandements Of the Iudiciall and Leviticall Law The Second Law * 1 Kings 14 26. The Old Testament when made Canonicall The New Testament began to be Canonicall under Christian Soveraigns Of the Power of Councells to make the Scriptures Law John 3. 36. John 3. 18. Of the Right of constituting Ecclesiasticall Officers in the time of the Apostles Matthias made Apostle by the Congregation Paul and Barnabas made Apostles by the Church of Antioch What Offices in the Church are Magisteriall Ordination of Teachers Ministers of the Church what And how chosen Of Ecclesiasticall Revenue under the Law of Moses In our Saviours time and after Mat. 10. 9 10. * Acts 4. 34. The Ministers of the Gospel lived on the Benevolence of their flocks 1 Cor. 9. 13. That the Civill Soveraign being a Christian hath the Right of appointing Pastors The Pastor all Authority of Soveraigns only is de Jure Divino that of other Pastors is Jure Civili Christian Kings have Power to execute all manner of Pastoral function * John 4. 2. * 1 Cor. 1. 14 16. * 1 Câ—…r 1. 17. The Civill Soveraigne if a Christian is head of the Church in his own Dominions Cardinal Bellarmines Books De Summo Pontifice considered The first book The second Book The third Book * Dan. 9. 27. The fourth Book Texts for the Infaâ—…ibility of the Popes Judgement in points of Faith Texts for the same in point of Manners The question of Superiority between the Pope and other Bishops Of the Popes â—…mporall Power The difficulty of obeying God and Man both at once Is none to them that distinguish between what is and what is not Necessary to Salvation All that is Necessary to Salvation is contained in Faith and Obedience What Obedience is Necessary And to what Laws In the Faith of a Christian who is the Person beleeved The causes of Christian Faith Faith comes by Hearing The onely Necessary Article of Christian Faith Proved from the Scope of the Evangelists From the Sermons of the Apostles From the Easinesse of the Doctrine From formall â—…ud cleer texts From that it is the Foundation of all other Articles 2 Pet. 3. v. 7 10 12. In what sense other Articles may be called Nâ—…cessary That Faith and Obedience are both of them Necessary to Salvation What each of them contributes thereunto Obedience to God and to the Civill Soveraign not inconsistent whether Christian Or Infidel The Kingdom of Darknesse what * Eph. 6. 12. * Mat. 12. 26. * Mat. 9. 34. * Eph. 2. 2. * Joh. 16. 11. The Church not yet fully â—…reed of Darknesse Four Causes of Spirituall Darknesse Errors from misinterpreting the Scriptures concerning the Kingdome of God As that the Kingdome of God is the present Church And that the Pope is his Vicar generall And that the Pastors are the Clergy Error from mistaking Consecration for Conjuration Incantation in the Ceremonies of Baptisme And in Marriage in Visitation of the Sick and in Consecration of Places Errors from mistaking Eternall Life and Everlasting Death As the Doctrine of Purgatory and Exorcismes and Invocation of Saints The Texts alledged for the Doctrines aforementioned have been answered before Answer to the text on which Beza inferreth that the Kingdome of Christ began at the Resurrection Explication of the Place in Mark 9. 1. Abuse of some other texts in defence of the Power of the Pope The manner of Consecrations in the Scripture was without Exorcisms The immortality of mans Soule not proved by Scripture to be of Nature but of Grace Eternall Torments what Answer of the Texts alledged for Purgatory Places of the New Testament for Purgatory answered Baptisme for the Dead how understood The Originall of Daemonclogy What were the Daemons of the Ancients How that Doctrine was spread How far received by the Jews John 8. 52. Why our Saviour controlled it not The Scriptures doe not teach that Spirits are Incorporeall The Power of Casting out Devills not the same it was in the Primitive Church Another relique of Gentilisme Worshipping of Images left in the Church not brought into it Answer to certain seeming texts for Images What is Worship Distinction between Divine and Civill Worship An Image what Phantasmes Fictions Materiall Images Idolatry what Scandalous worship of Images Answer 〈◊〉 the Argument from the Cherubins and Brazen Serpent * Exod. 32. 2. * Gen. 31. 30. Painting of Fancies no Idolatry but abusing them to Religious Worship is How Idolatry was left in the Church Canonizing of Saints The name of Pontifex Procession of Images Wax Candles and Torches lighted What Philosophy is Prudence no part of Philosophy No false Doctrine is part of Philosophy No more is Revelation supernaturall Nor learning taken upon credit of Authors Of the Beginnings and Progresse of Philosophy Of the Schools of Philosophy amongst the Athenians Of the Schools of the Jews The Schoole of the Graecians unprofitable The Schools of the Jews unprofitable University what it is Errors brought into Religion from Aristotles Metaphysiques Errors concerning Abstract Essences Nunc-stans One Body in many places and many Bodies in one place at once Absurdities in naturall Philosopy as Gravity the Cause of Heavinesse Quantity put into Body already made Powring in of Soules Ubiquity of Apparition Will the Cause of Willing Ignorance an occult Cause One makes the things incongruent another the Incongruity Private Appetite the rule of Publique good And that lawfull Marriage is Unchastity And that all Government but Popular is Tyranny That not Men but Law governs Laws over the Conscience Private Interpretation of Law Language of Schoole-Divines Errors from Tradition Suppression of Reason He that receiveth Benefit by a Fact is presumed to be the Author That the â—…hurch Militant is the Kingdome of God was first taught by the Church of Rome And maintained also by the Presbytery Infallibility Subjection of Bishops Exemptions of the Clergy The names of Saceâ—…dotes and Sacriâ—… The Sacramentation of Marriage The single life of Priests Auricular Confession Canonization of Saints and declaring of Martyrs Transubstantiation Pennance Absolution Purgatory Indulgences Externall works Daemonology and Exorcism School-Divinity The Authors of spirituall Darknesse who they be Comparison of the Papacy with the Kingdome of Fayries