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A43998 Leviathan, or, The matter, forme, and power of a common wealth, ecclesiasticall and civil by Thomas Hobbes ...; Leviathan Hobbes, Thomas, 1588-1679. 1651 (1651) Wing H2246; ESTC R17253 438,804 412

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●…im also belongeth the Right of all Judicature and decision of Controversise 9. And of making War and Peace as he shall think best 10. And of choosing all Counsellours and Ministers both of Peace and Warre 11. And of Rewarding and Punishing and that where no former Law hath determined the measure of it arbitrary 12. And of Honour and Order These Rights are indivisible And can by no Grant passe away without direct renouncing of the Soveraign Power The Power and Honour of Subjects vanisheth in the presence of the Power Soveraign Soveraigne Power not so hurtfull as the want of it and the hurt proceeds for the greatest part from not submitting readily to a lesse The different Formes of Common-wealths but three Tyranny and Oligarchy but different names of Monarchy and Aristocracy Subordinate Representatives dangerous Comparison of Monarchy with Soveraign Assemblyes Of the Right of Succession The present Monarch hath Right to dispose of the Succ●…ssim Succession passeth by expresse Words Or by not controlling a Custome Or by presumption of naturall affec●… To dispose of the Succession though to a King of another Nation not unlawfull A Common-wealth by Acquisition Wherein 〈◊〉 from a Common-wealth by Ins●…on The Rights of Soveraignty the same in both Dominion Paternall how attained Not by G●…neration but by Contract Or Education Or Precedent subjection of one of the Parents to the other The Right of Succession followeth the Rules of the Right of Possession Despoticall Dominion how attained Not by the Victory but by the Consent of the Vanquished Difference between a Family and a Kingdom The Rights of Monarchy from Scripture * Exod. 20. 19. * Exod. 20. 19. * 1 Sam. 8. 11 12 c. * Verse 10. * 1 Kings 3. 9. * 1 Sam. 24. 9. * Coll. 3. 20. * Verse 22. * Math. 23. 2 3. * Tit. 3. 2. * Mat. 21. 2 3. * Gen. 3 5. Soveraign Power ought in all Common-wealths to be absolute Liberty what What it is to be Free Feare and Liberty consistent Liberty and Necessity Consistent Artificiall Bonds or Covenants Liberty of Subjects consisteth in Liberty from covenants Liberty of the Subject consistent with the unlimited power of the Soveraign The Liberty which writers praise is the Liberty of Soveraigns not of Private men Liberty of Subjects how to be measured Subjects have Liberty to defend their own bodies even against them that lawsully invade them Are not bound to hurt themselves Nor to warfare unlesse they voluntarily undertake it The Greatest Liberty of Subjects dependeth on the Silence of the Law In what Cases Subjects are absolved of their obedience to their Soveraign In case of Captivity In case the Soveraign cast off the government from himself and his Heyrs In case of Banishment In case the Soveraign render himself Subject to another The divers sorts of Systemes of People In all Bodies Politique the power of the Representative is Limited By Letters Patents And the Lawes When the Representative is one man his unwarranted Acts are his own onely When it is an Assembly it is the act of them that assented onely When the Representative is one man if he borrow mony or owe it by Contract he is lyable onely the members not When it is an Assembly they onely are liable that have assented If the debt be to one of the Assembly the Body onely is obliged Protestation against the Decrees of Bodies Politique sometimes lawful but against Soveraign Power never Bodies Politique for Government of a Province Colony or Town Bodies Politique for ordering of Trade A Bodie Politique for Counsel to be given to the Soveraign A Regular Private Body Lawfull as a Family Private Bodies Regular but Unlawfull Systemes Irregular such as are Private Leagues Secret Cabals Feuds of private Families Factions for Government * Acts 19. 40. Publique Minister Who. Ministers for the generall Administration For speciall Administration as for Oeco●…my For instruction of the People For Judicature For 〈◊〉 Counsellers without other employment then to Advise are not Publique Ministers The Nourishment of a Common-wealth consisteth in the Commodities of Sea and Land And the right Distribution of them All private Estates of land proceed originally from the Arbitrary Distribution of the Soveraign Propriety of a Subject excludes not the Dominion of the Soveraign but onely of another Subject The Publique is not to be dieted The Places and matter of Traffique depend as their Distribution on the Soveraign The Laws of transferring propriety belong also 〈◊〉 the Soveraign Mony the Bloud of a Common-wealth The Conduits and Way of mony to the Publique use The Children of a Common-wealth Colonies Counsell wha●… Differences between Command and Counsell Exhortation and Dehortation what Differennce●… of fit and unfit Counsellours Civill Law what The Soveraign is Legistator And not Subject to Civill Law Use a Law not by vertue of Time but of the Soveraigns consent The Law of Nature and the Civill Law contain each other Provinciall Lawes are not made by Custome but by the Soveraign Power Some foolish opinions of Lawyers concerning the making of Lawes Sir Edw. Coke upon L●…tleton Lib. 2. Ch. 6. 〈◊〉 97. b. Law made ●…f not also made known is no Law Unwritten Lawes are all of them Lawes of Nature * Prov. 7. 3. Deut. 11. 19. * Deut. 31. 12. Nothing is Law where the Legislator cannot be known Difference between Verifying and Authorising The Law Verifyed by the subordinate Judge By the Publique Registers By Letters Patent and Publique Seale The Interpretation of the Law dependeth on the Soveraign Power All Law●… need Interpretation The A●…thenticall Interpretation of Law is not that of writers The Interpreter of the Law is the Judge giving sentence vivâ voce in every particular case The Sentence of a Judge does not bind him or another Judge to give like Sentence in like Cases ever after The difference between the Letter and Sentence of the Law The abilities required in a Judge Divisions of Law Another Division of Law Divine Positive Law how made known to be Law Gen. 17. 10. Another division of Lawes A Fundamentall Law what Difference between Law and Right And between a Law and a Charter Sinne what A Crime what Where no Civill Law is there is 〈◊〉 Crime Ignorance of the Law of Nature excuseth no man Ignorance of the Civill Law excuseth sometimes Ignorance of the Soveraign excuseth not Ignorance of the Penalty excuseth not Punishments declared before the Fact excuse from greater punishments after it Nothing can be made a Crime by a Law made after the Fact False Principles of Right and Wrong causes of Crime False Teachers mis-interpreting the Law of Nature And false Inferences from true 〈◊〉 〈◊〉 Teachers By their Passions Presumption of Riches And Friēds Wisedome Hatred Lust Ambition Covetousnesse causes of Crime Fear sometimes cause of Crime as when the danger is neither present nor corporeall Crimes not equall Totall Excuses Excuses against the Author Preseumption of Power aggravateth Evill Teachers Extenuate
Examples of Impunity Extenuate Praemeditation Aggravateth Tacite approbation of the Soveraign Extenuates Comparison of Crimes from their Effects Laesa Majestas Bribery and False testimony Depeculation Counterfeiting Authority Crimes against private men compared Publique Crimes what The definition of Punishment Right to Punish whence derived Private injuries and revenges no Punishments Nor denyall of preferment Nor pain inflicted without publique hearing Nor pain inflicted by Usurped power Nor pain inflicted without respect to to the future good Naturall evill consequences no Punishments Hurt inflicted if lesse than the benefit of transgressing is not Punishment Where the Punishment is annexed to the Law a greater hurt is not Punishment but 〈◊〉 Hurt inflicted for a fact done before the Law no Punishment The Representative of the Common-wealth Unpunishable Hurt to Revolted Subjects is done by right of War not by way of Punishment Punishments Corporall Capitall Ignominy Imprisonment Exile The Punishment of Innocent Subjects is contrary to the Law of Nature But the Harme done to Innocents in War not so Nor that which is done to declared Rebels Reward is either Salary or Grace Benefits bestowed for fear are not Rewards Salaries Certain and Casuall Dissolution of Common-wealths proceedeth from their Imperfect Institution Want of Absolute power Private Judgement of Good and Evill Erroneous conscience Pretence of Inspiration Subjecting the Soveraign Power to Civill Lawes Attributing of absolute Propri●…ty to 〈◊〉 Dividing of the Soveraign Power Imitatio●… of Neighbour Natiou●… Imitation of the Gre●…ks and Romans Mixt Government Want of Mony Monopolies and abuses of Publicans Popular men Excessive greatnesse of a ●…own multitude of Corporations Liberty of disputing against Soveraign Power Dissolution of the Common-wealth The Procuration of the Good of the People By Instr●…ction Lawes Against the duty of a Soveraign to relinquish any Essentiall Right of Soveraignty Or not to se●… the people taught the grounds of them Objection of those that say there are no Principles of Reason for absolute Soveraig●…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 U●…iversities Equall ●…xes Publique Charity 〈◊〉 of Idlenesse Go●… Lawe●… wh●…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 Proph●…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 Penta●… 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 Fif●…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 ●…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.