of the resolution of the same into its first seeds or principles which are only an opinion of a Deity and Powers invisible and supernaturall that can never be so abolished out of humane nature but that new Religions may againe be made to spring out of them by the culture of such men as for such purpose are in reputation For seeing all formed Religion is founded at first upon the faith which a multitude hath in some one person whom they believe not only to be a wise man and to labouâ—… to procure their happiness but also to be a holy man to whom God himselfe vouchsafeth to declare his will supernaturally It followeth necessarily when they that have the Government of Religion shall come to have either the wisedome of those men their sincerity or their love suspected or that they shall be unable to shew any probable token of Divine Revelation that the Religion which they desire to uphold must be suspected likewise and without the feare of the Civill Sword contradicted and rejected That which taketh away the reputation of Wisedome in him that formeth a Religion or addeth to it when it is allready formed is the enjoyning of a beliefe of contradictories For both parts of a contradiction cannot possibly be true and therefore to enjoyne the beleife of them is an argument of ignorance which detects the Author in that and discredits him in all things else he shall propound as from revelation supernaturall which revelation a man may indeed have of many things above but of nothing against naturall reason That which taketh away the reputation of Sincerity is the doing or saying of such things as appeare to be signes that what they require other men to believe is not believed by themselves all which doings or sayings are therefore called Scandalous because they be stumbling blocks that make men to fall in the way of Religion as Injustice Cruelty Prophanesse Avarice and Luxury For who can believe that he that doth ordinarily such actions as proceed from any of these rootes believeth there is any such Invisible Power to be feared as he affrighteth other men withall for lesser faults That which taketh away the reputation of Love is the being detected of private ends as when the beliefe they require of others conduceth or seemeth to conduce to the acquiring of Dominion Riches Dignity or secure Pleasure to themselves onely or specially For that which men reap benefit by to themselves they are thought to do for their own sakes and not for love of others Lastly the testimony that men can render of divine Calling can be no other than the operation of Miracles or true Prophecy which also is a Miracle or extraordinary Felicity And therefore to those points of Religion which have been received from them that did such Miracles those that are added by such as approve not their Calling by some Miracle obtain no greater beliefe than what the Custome and Lawes of the places in which they be educated have wrought into them For as in naturall things men of judgement require naturall signes and arguments so in supernaturall things they require signes supernaturall which are Miracles before they consent inwardly and from their hearts All which causes of the weakening of mens faith do manifestly appear in the Examples following First we have the Example of the children of Israel who when Moses that had approved his Calling to them by Miracles and by the happy conduct of them out of Egypt was absent but 40. dayes revolted from the worship of the true God recommended to them by him and setting up a Golden Calfe for their God relapsed into the Idolatry of the Egyptians from whom they had been so lately delivered And again after Moses Aaron Joshua and that generation which had seen the great works of God in Israel were dead another generation arose and served Baal So that Miracles fayling Faith also failed Again when the sons of Samuel being constituted by their father Judges in Bersabee received bribes and judged unjustly the people of Israel refused any more to have God to be their King in other manner than he was King of other people and therefore cryed out to Samuel to choose them a King after the manner of the Nations So that Justice fayling Faith also fayled Insomuch as they deposed their God from reigning over them And whereas in the planting of Christian Religion the Oracles ceased in all parts of the Roman Empire and the number of Christians encreased wonderfully every day and in every place by the preaching of the Apostles and Evangelists a great part of that successe may reasonably be attributed to the contempt into which the Priests of the Gentiles of that time had brought themselves by their uncleannesse avarice and jugling between Princes Also the Religion of the Church of Rome was partly for the same cause abolished in England and many other parts of Christendome insomuch as the fayling of Vertue in the Pastors maketh Faith faile in the People and partly from bringing of the Philosophy and doctrine of Aristotle into Religion by the Schoole-men from whence there arose so many contradictions and absurdities as brought the Clergy into a reputation both of Ignorance and of Fraudulent intention and enclined people to revolt from them either against the will of their own Princes as in France and Holland or with their will as in England Lastly amongst the points by the Church of Rome declared necessary for Salvation there be so many manifestly to the advantage of the Pope and of his spirituall subjects residing in the territories of other Christian Princes that were it not for the mutuall emulation of those Princes they might without warre or trouble exclude all forraign Authority as easily as it has been excluded in England For who is there that does not see to whose benefit it conduceth to have it believed that a King hath not his Authority from Christ unlesse a Bishop crown him That a King if he be a Priest cannot Marry That whether a Prince be born in lawfull Marriage or not must be judged by Authority from Rome That Subjects may be freed from their Alleageance if by the Court of Rome the King be judged an Heretique That a King as Chilperique of France may be deposed by a Pope as Pope Zachary for no cause and his Kingdome given to one of his Subjects That the Clergy and Regulars in what Country soever shall be exempt from the Jurisdiction of their King in cases criminall Or who does not see to whose profit redound the Fees of private Masses and Vales of Purgatory with other signes of private interest enough to mortifie the most lively Faith if as I sayd the civill Magistrate and Custome did not more sustain it than any opinion they have of the Sanctity Wisdome or Probity of their Teachers So that I may attribute all the changes of Religion in the world to one and the same cause and
enemy of the Common-wealth that banished him as being no more a Member of the same But if he be withall deprived of his Lands or Goods then the Punishment lyeth not in the Exile but is to be reckoned amongst Punishments Pecuniary All Punishments of Innocent subjects be they great or little are against the Law of Nature For Punishment is only for Transgression of the Law and therefore there can be no Punishment of the Innocent It is therefore a violation First of that Law of Nature which forbiddeth all men in their Revenges to look at any thing but some future good For there can arrive no good to the Common-wealth by Punishing the Innocent Secondly of that which forbiddeth Ingratitude For seeing all Soveraign Power is originally given by the consent of every one of the Subjects to the end they should as long as they are obedient be protected thereby the Punishment of the Innocent is a rendring of Evill for Good And thirdly of the Law that commandeth Equity that is to say an equall distribution of Justice which in Punishing the Innocent is not observed But the Infliction of what evill soever on an Innocent man that is not a Subject if it be for the benefit of the Common-wealth and without violation of any former Covenant is no breach of the Law of Nature For all men that are not Subjects are either Enemies or else they have ceased from being so by some precedent covenants But against Enemies whom the Common-wealth judgeth capable to do them hurt it is lawfull by the originall Right of Nature to make warre wherein the Sword Judgeth not nor doth the Victor make distinction of Nocent and Innocent as to the time past nor has other respect of mercy than as it conduceth to the good of his own People And upon this ground it is that also in Subjects who deliberatly deny the Authority of the Common-wealth established the vengeance is lawfully extended not onely to the Fathers but also to the third and fourth generation not yet in being and consequently innocent of the fact for which they are afflicted because the nature of this offence consisteth in the renouncing of subjection which is a relapse into the condition of warre commonly called Rebellion and they that so offend suffer not as Subjects but as Enemies For Rebellion is but warre renewed REWARD is either of Gift or by Contract When by Contract it is called Salary and Wages which is benefit due for service performed or promised When of Gift it is benefit proceeding from the grace of them that bestow it to encourage or enable men to do them service And therefore when the Soveraign of a Common wealth appointeth a Salary to any publique Office he that receiveth it is bound in Justice to performe his office otherwise he is bound onely in honour to acknowledgement and an endeavour of requitall For though men have no lawfull remedy when they be commanded to quit their private businesse to serve the publique without Reward or Salary yet they are not bound thereto by the Law of Nature nor by the Institution of the Common-wealth unlesse the service cannot otherwise be done because it is supposed the Soveraign may make use of all their means insomuch as the most common Souldier may demand the wages of his warrefare as a debt The benefit which a Soveraign bestoweth on a Subject for fear of some power and ability he hath to do hurt to the Common-wealth are not properly Rewards for they are not Salaryes because there is in this case no contract supposed every man being obliged already not to do the Common-wealth disservice nor are they Graces because they be extorted by fear which ought not to be incident to the Soveraign Power but are rather Sacrifices which the Soveraign considered in his naturall person and not in the person of the Common-wealth makes for the appeasing the discontent of him he thinks more potent than himselfe and encourage not to obedience but on the contrary to the continuance and increasing of further extortion And whereas some Salaries are certain and proceed from the publique Treasure and others uncertain and casuall proceeding from the execution of the Office for which the Salary is ordained the later is in some cases hurtfull to the Common-wealth as in the case of Judicature For where the benefit of the Judges and Ministers of a Court of Justice ariseth for the multitude of Causes that are brought to their cognisance there must needs follow two Inconveniences One is the nourishing of sutes for the more sutes the greater benefit and another that depends on that which is contention about Jurisdiction each Court drawing to it selfe as many Causes as it can But in offices of Execution there are not those Inconveniences because their employment cannot be encreased by any endeavour of their own And thus much shall suffice for the nature of Punishment and Reward which are as it were the Nerves and Tendons that move the limbes and joynts of a Common-wealth Hitherto I have set forth the nature of Man whose Pride and other Passions have compelled him to submit himselfe to Government together with the great power of his Governour whom I compared to Leviathan taking that comparison out of the two last verses of the one and fortieth of Job where God having set forth the great power of Leviathan calleth him King of the Proud There is nothing saith he on earth to be compared with him He is made so as not to be afraid Hee seeth every high thing below him and is King of all the children of pride But because he is mortall and subject to decay as all other Earthly creatures are and because there is that in heaven though not on earth that he should stand in fear of and whose Lawes he ought to obey I shall in the next following Chapters speak of his Diseases and the causes of his Mortality and of what Lawes of Nature he is bound to obey CHAP. XXIX Of those things that Weaken or tend to the DISSOLUTION of a Common-wealth THough nothing can be immortall which mortals make yet if men had the use of reason they pretend to their Common-wealths might be secured at least from perishing by internall diseases For by the nature of their Institution they are designed to live as long as Man-kind or as the Lawes of Nature or as Justice it selfe which gives them life Therefore when they come to be dissolved not by externall violence but intestine disorder the fault is not in men as they are the Matter but as they are the Makers and orderers of them For men as they become at last weary of irregular justling and hewing one another and desire with all their hearts to conforme themselves into one firme and lasting edifice so for want both of the art of making fit Lawes to square their actions by and also of humility and patience to suffer the rude and combersome points of
Article Iesus is the Christ. The summe of St. Matthews Gospell is this That Jesus was of the stock of David Born of a Virgin which are the Marks of the true Christ That the Magi came to worship him as King of the Jews That Herod for the same cause sought to kill him That John Baptist proclaimed him That he preached by himselfe and his Apostles that he was that King That he taught the Law not as a Scribe but as a man of Authority That he cured diseases by his Word onely and did many other Miracles which were foretold the Christ should doe That he was saluted King when hee entred into Jerusalem That he fore-warned them to beware of all others that should pretend to be Christ That he was taken accused and put to death for saying hee was King That the cause of his condemnation written on the Crosse was JESUS OF NAZARETH THE KING OF THE JEVVES All which tend to no other end than this that men should beleeve that Iesus is the Christ. Such therefore was the Scope of St. Matthews Gospel But the Scope of all the Evangelists as may appear by reading them was the same Therefore the Scope of the whole Gospell was the establishing of that onely Article And St. John expressely makes it his conclusion Iohn 20. 31. These things are written that you may know that Iesus is the Christ the Son of the living God My second Argument is taken from the Subject of the Sermons of the Apostles both whilest our Saviour lived on earth aud after his Ascension The Apostles in our Saviours time were sent Luke 9. 2. to Preach the Kingdome of God For neither there nor Mat. 10. 7. giveth he any Commission to them other than this As ye go Preach saying the Kingdome of Heaven is at hand that is that Iesus is the Messiah the Christ the King which was to come That their Preaching also after his ascension was the same is manifest out of Acts 17. 6. They drew saith St. Luke Iason and certain Brethren unto the Rulers of the City crying These that have turned the world upside down are come hither also whom Iason hath received And these all do contrary to the Decrees of Caesar saying that there is another King one Iesus And out of the 2. 3. verses of the same Chapter where it is said that St. Paul as his manner was went in unto them and three Sabbath dayes reasoned with them out of the Scriptures opening and alledging that Christ must needs have suffered and risen againe from the dead and that this Iesus whom hee preached is Christ. The third Argument is from those places of Scripture by which all the Faith required to Salvation is declared to be Easie. For if an inward assent of the mind to all the Doctrines concerning Christian Faith now taught whereof the greatest part are disputed were necessary to Salvation there would be nothing in the world so hard as to be a Christian. The Thief upon the Crosse though repenting could not have been saved for saying Lord remember me when thou commest into thy Kinâ—…dome by which he testified no beleefe of any other Article but this That Iesus was the King Nor could it bee said as it is Mat. 11. 30. that Christs yoke is Easy and his burthen Light Nor that Little Children beleeve in him as it is Matth. 18. 6. Nor could St. Paul have said 1 Cor. 1. 21. It pleased God by the Foolishnesse of preaching to save them that beleeve Nor could St. Paul himself have been saved much lesse have been so great a Doctor of the Church so suddenly that never perhaps thought of Transubstantiation nor Purgatory nor many other Articles now obtruded The fourth Argument is taken from places expresse and such as receive no controversie of Interpretation as first Iohn 5. 39. Search the Scriptures for in them yee thinke yee have eternall life and they are they that testifie of mee Our Saviour here speaketh of the Scriptures onely of the Old Testament for the Jews at that time could not search the Scriptures of the New Testament which were not written But the Old Testament hath nothing of Christ but the Markes by which men might know him when hee came as that he should descend from David be born at Bethlem and of a Virgin doe great Miracles and the like Therefore to beleeve that this Jesus was He was sufficient to eternall life but more than sufficient is not Necessary and consequently no other Article is required Again Iohn 11. 26. Whosoever liveth and beleeveth in mee shall not die eternally Therefore to beleeve in Christ is faith sufficient to eternall life and consequently no more faith than that is Necessary But to beleeve in Jesus and to beleeve that Jesus is the Christ is all one as appeareth in the verses immediately following For when our Saviour verse 26. had said to Martha Beleevest thou this she answereth verse 27. Yea Lord I beleeve that thou art the Christ the Son of God which should come into the world Therefore this Article alone is faith sufficient to life eternall and more than sufficient is not Necessary Thirdly Iohn 20. 31. These things are written that yee might beleeve that Iesus is the Christ the Son of God and that beleeving yee might have life through his name There to beleeve that Iesus is the Christ is faith sufficient to the obtaining of life and therefore no other Article is Necessary Fourthly 1 Iohn 4. 2. Every spirit that confesseth that Iesus Christ is come in the flesh is of God And 1 Ioh. 5. 1. Whosoever beleeveth that Iesus is the Christ is born of God And verse 5. Who is hee that overcommeth the world but he that beleeveth that Iesus is the Son of God Fiftly Act. 8. ver 36 37. See saith the Eunuch here is water what doth hinder me to be baptized And Philip said If thou beleevest with all thy heart thou mayst And hee answered and said I beleeve that Iesus Christ is the Son of God Therefore this Article beleeved Iesus is the Christ is sufficient to Baptisme that is to say to our Reception into the Kingdome of God and by consequence onely Necessary And generally in all places where our Saviour saith to any man Thy faith hath saved thee the caâ—…se he saith it is some Confession which directly or by consequence implyeth a beleef that Jesus is the Christ. The last Argument is from the places where this Article is made the Foundation of Faith For he that holdeth the Foundation shall bee saved Which places are first Mat. 24. 23. If any man shall say unto you Loe here is Christ or there beleeve it not for there shall arise false Christs and false Prophets and shall shew great signes and wonders c. Here wee see this Article Jesus is the Christ must bee held though hee that shall teach the contrary should doe great miracles The second place is Gal. 1. 8. Though
the procincts of battell to hold together and use all advantages of force is a better stratagem than any that can proceed from subtilty of Wit Vain-glorious men such as without being conscious to themselves of great sufficiency delight in supposing themselves gallant men are enclined onely to ostentation but not to attempt Because when danger or difficulty appears they look for nothing but to have their insufficiency discovered Vain-glorious men such as estimate their sufficiency by the flattery of other men or the fortune of some precedent action without assured ground of hope from the true knowledge of themselves are enclined to rash engaging and in the approach of danger or difficulty to retire if they can because not seeing the way of safety they will rather hazard their honour which may be salved with an excuse than their lives for which no salve is sufficient Men that have a strong opinion of their own wisdome in matter of government are disposed to Ambition Because without publique Employment in counsell or magistracy the honour of their wisdome is lost And therefore Eloquent speakers are enclined to Ambition for Eloquence seemeth wisedome both to themselves and others Pusillanimity disposeth men to Irresolution and consequently to lose the occasions and fittest opportunities of action For after men have been in deliberation till the time of action approach if it be not then manifest what is best to be done 't is a signe the difference of Motives the one way and the other are not great Therefore not to resolve then is to lose the occasion by weighing of trifles which is Pusillanimity Frugality though in poor men a Vertue maketh a man unapt to atchieve such actions as require the strength of many men at once For it weakeneth their Endeavour which is to be nourished and kept in vigor by Reward Eloquence with flattery disposeth men to confide in them that have it because the former is seeming Wisdome the later seeming Kindnesse Adde to them Military reputation and it disposeth men to adhaere and subject themselves to those men that have them The two former having given them caution against danger from him the later gives them caution against danger from others Want of Science that is Ignorance of causes disposeth or rather constraineth a man to rely on the advise and authority of others For all men whom the truth concernes if they rely not on their own must rely on the opinion of some other whom they think wiser than themselves and see not why he should deceive them Ignorance of the signification of words which is want of understanding disposeth men to take on trust not onely the truth they know not but also the errors and which is more the non-sense of them they trust For neither Error nor non-sense can without a perfect understanding of words be detected From the same it proceedeth that men give different names to one and the same thing from the difference of their own passions As they that approve a private opinion call it Opinion but they that mislike it Haeresie and yet haeresie signifies no more than private opinion but has onely a greater tincture of choler From the same also it proceedeth that men cannot distinguish without study and great understanding between one action of many men and many actions of one multitude as for example between the one action of all the Senators of Rome in killing Catiline and the many actions of a number of Senators in killing Caesar and therefore are disposed to take for the action of the people that which is a multitude of actions done by a multitude of men led perhaps by the perswasion of one Ignorance of the causes and originall constitution of Right Equity Law and Justice disposeth a man to make Custome and Example the rule of his actions in such manner as to think that Unjust which it hath been the custome to punish and that Just of the impunity and approbation whereof they can produce an Example or as the Lawyers which onely use this false measure of Justice barbarously call it a Precedent like little children that have no other rule of good and evill manners but the correction they receive from their Parents and Masters save that children are constant to their rule whereas men are not so because grown strong and stubborn they appeale from custome to reason and from reason to custome as it serves their turn receding from custome when their interest requires it and setting themselves against reason as oft as reason is against them Which is the cause that the doctrine of Right and Wrong is perpetually disputed both by the Pen and the Sword Whereas the doctrine of Lines and Figures is not so because men care not in that subject what be truth as a thing that crosses no mans ambition profit or lust For I doubt not but if it had been a thing contrary to any mans right of dominion or to the interest of men that have dominion That the three Angles of a Triangle should be equall to two Angles of a Square that doctrine should have been if not disputed yet by the burning of all books of Geometry suppressed as farre as he whom it concerned was able Ignorance of remote causes disposeth men to attribute all events to the causes immediate and Instrumentall For these are all the causes they perceive And hence it comes to passe that in all places men that are grieved with payments to the Publique discharge their anger upon the Publicans that is to say Farmers Collectors and other Officers of the publique Revenue and adhaere to such as find fault with the publike Government and thereby when they have engaged themselves beyond hope of justification fall also upon the Supreme Authority for feare of punishment or shame of receiving pardon Ignorance of naturall causes disposeth a man to Credulity so as to believe many times impossibilities For such know nothing to the contrary but that they may be true being unable to detect the Impossibility And Credulity because men love to be hearkened unto in company disposeth them to lying so that Ignorance it selfe without Malice is able to make a man both to believe lyes and tell them and sometimes also to invent them Anxiety for the future time disposeth men to enquire into the causes of things because the knowledge of them maketh men the better able to order the present to their best advantage Curiosity or love of the knowledge of causes draws a man from consideration of the effect to seek the cause and again the cause of that cause till of necessity he must come to this thought at last that there is some cause whereof there is no former cause but is eternall which is it men call God So that it is impossible to make any profound enquiry into naturall causes without being enclined thereby to believe there is one God Eternall though they cannot have any
with lands and houses and officers and revenues set apart from all other humane uses that is consecrated and made holy to those their Idols as Caverns Groves Woods Mountains and whole Ilands and have attributed to them not onely the shapes some of Men some of Beasts some of Monsters but also the Faculties and Passions of men and beasts as Sense Speech Sex Lust Generation and this not onely by mixing one with another to propagate the kind of Gods but also by mixing with men and women to beget mongrill Gods and but inmates of Heaven as Bacchus Hercules and others besides Anger Revenge and other passions of living creatures and the actions proceeding from them as Fraud Theft Adultery Sodomie and any vice that may be taken for an effect of Power or a cause of Pleasure and all such Vices as amongst men are taken to be against Law rather than against Honour Lastly to the Prognostiques of time to come which are naturally but Conjectures upon the Experience of time past and supernaturally divine Revelation the same authors of the Religion of the Gentiles partly upon pretended Experience partly upon pretended Revelation have added innumerable other superstitious wayes of Divination and made men believe they should find their fortunes sometimes in the ambiguous or senslesse answers of the Priests at Delphi Delos Ammon and other famous Oracles which answers were made ambiguous by designe to own the event both wayes or absurd by the intoxicating vapour of the place which is very frequent in sulphurous Cavernes Sometimes in the leaves of the Sibills of whose Prophecyes like those perhaps of Nostradamus for the fragments now extant seem to be the invention of later times there were some books in reputation in the time of the Roman Republiques Sometimes in the insignificant Speeches of Mad-men supposed to be possessed with a divine Spirit which Possession they called Enthusiasme and these kinds of foretelling events were accounted Theomancy or Prophecy Sometimes in the aspect of the Starres at their Nativity which was called Horoscopy and esteemed a part of judiciary Astrology Sometimes in their own hopes and feares called Thumomancy or Presage Sometimes in the Prediction of Witches that pretended conference with the dead which is called Necromancy Conjuring and Witchcraft and is but juggling and confederate knavery Sometimes in the Casuall flight or feeding of birds called Augury Sometimes in the Entrayles of a sacrificed beast which was Aruspicina Sometimes in Dreams Sometimes in Croaking of Ravens or chattering of Birds Sometimes in the Lineaments of the face which was called Metoposcopy or by Palmistry in the lines of the hand in casuall words called Omina Sometimes in Monsters or unusuall accidents as Ecclipses Comets rare Meteors Earthquakes Inundations uncouth Births and the like which they called Portenta and Ostenta because they thought them to portend or foreshew some great Calamity to come Somtimes in meer Lottery as Crosse and Pile counting holes in a sive dipping of Verses in Homer and Virgil and innumerable other such vaine conceipts So easie are men to be drawn to believe any thing from such men as have gotten credit with them and can with gentlenesse and dexterity take hold of their fear and ignorance And therefore the first Founders and Legislators of Common-wealths amongst the Gentiles whose ends were only to keep the people in obedience and peace have in all places taken care First to imprint in their minds a beliefe that those precepts which they gave concerning Religion might not be thought to proceed from their own device but from the dictates of some God or other Spirit or else that they themselves were of a higher nature than mere mortalls that their Lawes might the more easily be received So Numa Pompilius pretended to receive the Ceremonies he instituted amongst the Romans from the Nymph Egeria and the first King and founder of the Kingdome of Peru pretended himselfe and his wife to be the children of the Sunne and Mahomet to set up his new Religion pretended to have conferences with the Holy Ghost in forme of a Dove Secondly they have had a care to make it believed that the same things were displeasing to the Gods which were forbidden by the Lawes Thirdly to prescribe Ceremonies Supplications Sacrifices and Festivalls by which they were to believe the anger of the Gods might be appeased and that ill success in War great contagions of Sicknesse Earthquakes and each mans private Misery came from the Anger of the Gods and their Anger from the Neglect of their Worship or the forgetting or mistaking some point of the Ceremonies required And though amongst the antient Romans men were not forbidden to deny that which in the Poets is written of the paines and pleasures after this life which divers of great authority and gravity in that state have in their Harangues openly derided yet that beliefe was alwaies more cherished than the contrary And by these and such other Institutions they obtayned in order to their end which was the peace of the Commonwealth that the common people in their misfortunes laying the fault on neglect or errour in their Ceremonies or on their own disobedience to the lawes were the lesse apt to mutâ—…ny against their Governors And being entertained with the pomp and pastime of Festivalls and publike Games made in honour of the Gods needed nothing else but bread to keep them from discontent murmuring and commotion against the State And therefore the Romans that had conquered the greatest part of the then known World made no scruple of tollerating any Religion whatsoeuer in the City of Rome it selfe unlesse it had somthing in it that could not consist with their Civill Government nor do we read that any Religion was there forbidden but that of the Jewes who being the peculiar Kingdome of God thought it unlawfull to acknowledge subjection to any mortall King or State whatsoever And thus you see how the Religion of the Gentiles was a part of their Policy But where God himselfe by supernaturall Revelation planted Religion there he also made to himselfe a peculiar Kingdome and gave Lawes not only of behaviour towards himselfe but also towards one another and thereby in the Kingdome of God the Policy and lawes Civill are a part of Religion and therefore the distinction of Temporall and Spirituall Domination hath there no place It is true that God is King of all the Earth Yet may he be King of a peculiar and chosen Nation For there is no more incongruity therein than that he that hath the generall command of the whole Army should have withall a peculiar Regiment or Company of his own God is King of all the Earth by his Power but of his chosen people he is King by Covenant But to speake more largly of the Kingdome of God both by Nature and Covenant I have in the following discourse assigned an other place From the propagation of Religion it is not hard to understand the causes
meer Nature are obligatory For example if I Covenant to pay a ransome or service for my life to an enemy I am bound by it For it is a Contract wherein one receiveth the benefit of life the other is to receive mony or service for it and consequently where no other Law as in the condition of meer Nature forbiddeth the performance the Covenant is valid Therefore Prisoners of warre if trusted with the payment of their Ransome are obliged to pay it And if a weaker Prince make a disadvantageous peace with a stronger for feare he is bound to keep it unlesse as hath been sayd before there ariseth some new and just cause of feare to renew the war And even in Common-wealths if I be forced to redeem my selfe from a Theefe by promising him mony I am bound to pay it till the Civill Law discharge me For whatsoever I may lawfully do without Obligation the same I may lawfully Covenant to do through feare and what I lawfully Covenant I cannot lawfully break A former Covenant makes voyd a later For a man that hath passed away his Right to one man to day hath it not to passe to morrow to another and therefore the later promise passeth no Right but is null A Covenant not to defend my selfe from force by force is alwayes voyd For as I have shewed before no man can transferre or lay down his Right to save himselfe from Death Wounds and Imprisonment the avoyding whereof is the onely End of laying down any Right and therefore the promise of not resisting force in no Covenant transferreth any right nor is obliging For though a man may Covenant thus Unlesse I do so or so kill me he cannot Covenant thus Unlesse I do so or so I will not resist you when you come to kill me For man by nature chooseth the lesser evill which is danger of death in resisting rather than the greater which is certain and present death in not resisting And this is granted to be true by all men in that they lead Criminals to Execution and Prison with armed men notwithstanding that such Criminals have consented to the Law by which they are condemned A Covenant to accuse ones selfe without assurance of pardon is likewise invalide For in the condition of Nature where every man is Judge there is no place for Accusation and in the Civill State the Accusation is followed with Punishment which being Force a man is not obliged not to resist The same is also true of the Accusation of those by whose Condemnation a man falls into misery as of a Father Wife or Benefactor For the Testimony of such an Accuser if it be not willingly given is praesumed to be corrupted by Nature and therefore not to be received and where a mans Testimony is not to be credited he is not bound to give it Also Accusations upon Torture are not to be reputed as Testimonies For Torture is to be used but as means of conjecture and light in the further examination and search of truth and what is in that case confessed tendeth to the ease of him that is Tortured not to the informing of the Torturers and therefore ought not to have the credit of a sufficient Testimony for whether he deliver himselfe by true or false Accusation he does it by the Right of preserving his own life The force of Words being as I have formerly noted too weak to hold men to the performance of their Covenants there are in mans nature but two imaginable helps to strengthen it And those are either a Feare of the consequence of breaking their word or a Glory or Pride in appearing not to need to breake it This later is a Generosity too rarely found to be presumed on especially in the pursuers of Wealth Command or sensuall Pleasure which are the greatest part of Mankind The Passion to be reckoned upon is Fear whereof there be two very generall Objects one The Power of Spirits Invisible the other The Power of those men they shall therein Offend Of these two though the former be the greater Power yet the feare of the later is commonly the greater Feare The Feare of the former is in every man his own Religion which hath place in the nature of man before Civill Society The later hath not so at least not place enough to keep men to their promises because in the condition of meer Nature the inequality of Power is not discerned but by the event of Battell So that before the time of Civill Society or in the interruption thereof by Warre there is nothing can strengthen a Covenant of Peace agreed on against the temptations of Avarice Ambition Lust or other strong desire but the feare of that Invisible Power which they every one Worship as God and Feare as a Revenger of their perfidy All therefore that can be done between two men not subject to Civill Power is to put one another to swear by the God he feareth Which Swearing or OATH is a Forme of Speech added to a Promise by which he that promiseth â—…gnisieth that unlesse he performe he renounceth the mercy of his God or calleth to him for vengeance on himselfe Such was the Heathen Forme Let Jupiter kill me else as I kill this Beast So is our Forme I shall do thus and thus so help me God And this with the Rites and Ceremonies which every one useth in his own Religion that the feare of breaking faith might be the greater By this it appears that an Oath taken according to any other Forme or Rite then his that sweareth is in vain and no Oath And that there is no Swearing by any thing which the Swearer thinks not God For though men have sometimes used to swear by their Kings for feare or flattery yet they would have it thereby understood they attributed to them Divine honour And that Swearing unnecessarily by God is but prophaning of his name and Swearing by other things as men do in common discourse is not Swearing but an impious Custome gotten by too much vehemence of talking It appears also that the Oath addes nothing to the Obligation For a Covenant if lawfull binds in the sight of God without the Oath as much as with it if unlawfull bindeth not at all though it be confirmed with an Oath CHAP. XV. Of other Lawes of Nature FRom that law of Nature by which we are obliged to transferre to another such Rights as being retained hinder the peace of Mankind there followeth a Third which is this That men performe their Covenants made without which Covenants are in vain and but Empty words and the Right of all men to all things remaining wee are still in the condition of Warre And in this law of Nature consisteth the Fountain and Originall of JUSTICE For where no Covenant hath preceded there hath no Right been transferred and every man has right to every thing and consequently no action can
a diversity of Nature rising from their diversity of Affections not unlike to that we see in stones brought together for building of an Aedifice For as that stone which by the asperity and irregularity of Figure takes more room from others than it selfe fills and for the hardnesse cannot be easily made plain and thereby hindereth the building is by the builders cast away as unprofitable and troublesome so also a man that by asperity of Nature will strive to retain those things which to himselfe are superfluous and to others necessary and for the stubbornness of his Passions cannot be corrected is to be left or cast out of Society as combersome thereunto For seeing every man not onely by Right but also by necessity of Nature is supposed to endeavour all he can to obtain that which is necessary for his conservation He that shall oppose himselfe against it for things superfluous is guilty of the warre that thereupon is to follow and therefore doth that which is contrary to the fundamentall Law of Nature which commandeth to seek Peace The observers of this Law may be called SOCIABLE the Latines call them Commodi The contrary Stubborn Insociable Froward Intractable A sixth Law of Nature is this That upon caution of the Future time a man ought to pardon the offences past of them that repenting desire it For PARDON is nothing but granting of Peace which though granted to them that persevere in their hostility be not Peace but Feare yet not granted to them that give caution of the Future time is signe of an aversion to Peace and therefore contrary to the Law of Nature A seventh is That in Revenges that is retribution of Evil for Evil Men look not at the greatnesse of the evill past but the greatnesse of the good to follow Whereby we are forbidden to inflict punishment with any other designe than for correction of the offender or direction of others For this Law is consequent to the next before it that commandeth Pardon upon security of the Future time Besides Revenge without respect to the Example and profit to come is a triumph or glorying in the hurt of another tending to no end for the End is alwayes somewhat to Come and glorying to no end is vain-glory and contrary to reason and to hurt without reason tendeth to the introduction of Warre which is against the Law of Nature and is commonly stiled by the name of Cruelty And because all signes of hatred or contempt provoke to fight insomuch as most men choose rather to hazard their life than not to be revenged we may in the eighth place for a Law of Nature set down this Precept That no man by deed word countenance or gesture declare Hatred or Contempt of another The breach of which Law is commonly called Contumely The question who is the better man has no place in the condition of meer Nature where as has been shewn before all men are equall The inequallity that now is has bin introduced by the Lawes civill I know that Aristotle in the first booke of his Politiques for a foundation of his doctrine maketh men by Nature some more worthy to Command meaning the wiser sort such as he thought himselfe to be for his Philosophy others to Serve meaning those that had strong bodies but were not Philosophers as he as if Master and Servant were not introduced by consent of men but by difference of Wit which is not only against reason but also against experience For there are very few so foolish that had not rather governe themselves than be governed by others Nor when the wise in their own conceiâ—… contend by force with them who distrust their owne wisdome do they alwaies or often or almost at any time get the Victory If Nature therefore have made men equall that equalitie is to be acknowledged or if Nature have made men unequall yet because men that think themselves equall will not enter into conditions of Peace but upon Equall termes such equalitie must be admitted And therefore for the ninth law of Nature I put this ' That every man acknowledge other for his Equall by Nature The breach of this Precept is Pride On this law dependeth another That at the entrance into conditions of Peace no man require to reserve to himselfe any Right which he is not content should be reserved to every one of the rest As it is necessary for all men that seek peace to lay down certaine Rights of Nature that is to say not to have libertie to do all they list so is it necessarie for mans life to retaine some as right to governe their owne bodies enjoy aire water motion waies to go from place to place and all things else without which a man cannot live or not live well If in this case at the making of Peace men require for themselves that which they would not have to be granted to others they do contrary to the precedent law that commandeth the acknowledgment of naturall equalitie and therefore also against the law of Nature The observers of this law are those we call Modest and the breakers Arrogant men The Greeks call the violation of this law 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that is a desire of more than their share Also if a man be trusted to judge between man and man it is a precept of the Law of Nature that he deale Equally between them For without that the Controversies of men cannot be determined but by Warre He therefore that is partiall in judgment doth what in him lies to deterre men from the use of Judges and Arbitrators and consequently against the fundamentall Lawe of Nature is the cause of Warre The observance of this law from the equall distribution to each man of that which in reason belongeth to him is called EQUITY and as I have sayd before distributive Justice the violation Acception of persons 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 And from this followeth another law That such things as cannot be divided be enjoyed in Common if it can be and if the quantity of the thing permit without Stint otherwise Proportionably to the number of them that have Right For otherwise the distribution is Unequall and contrary to Equitie But some things there be that can neither be divided nor enjoyed in common Then The Law of Nature which prescribeth Equity requireth That the Entire Right or else making the use alternate the First Possession be determined by Lot For equall distribution is of the Law of Nature and other means of equall distribution cannot be imagined Of Lots there be two sorts Arbitrary and Naturall Arbitrary is that which is agreed on by the Competitors Naturall is either Primogeniture which the Greek calls 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which signifies Given by Lot or First Seisure And therefore those things which cannot be enjoyed in common nor divided ought to be adjudged to the First Possessor and in some cases to the First-Borne
as acquired by Lot It is also a Law of Nature That all men that mediate Peace be allowed safe Conduct For the Law that commandeth Peace as the End commandeth Intercession as the Means and to Intercession the Means is safe Conduct And because though men be never so willing to observe these Lawes there may neverthelesse arise questions concerning a mans action First whether it were done or not done Secondly if done whether against the Law or not against the Law the former whereof is called a question Of Fact the later a question Of Right therefore unlesse the parties to the question Covenant mutually to stand to the sentence of another they are as farre from Peace as ever This other to whose Sentence they submit is called an ARBITRATOR And therefore it is of the Law of Nature That they that are at controversie submit their Right to the judgement of an Arbitrator And seeing every man is presumed to do all things in order to his own benefit no man is a fit Arbitrator in his own cause and if he were never so fit yet Equity allowing to each party equall benefit if one be admitted to be Judge the other is to be admitted also so the controversie that is the cause of War remains against the Law of Nature For the same reason no man in any Cause ought to be received for Arbitrator to whom greater profit or honour or pleasure apparently ariseth out of the victory of one party than of the other for hee hath taken though an unavoydable bribe yet a bribe and no man can be obliged to trust him And thus also the controversie and the condition of War remaineth contrary to the Law of Nature And in a controversie of Fact the Judge being to give no more credit to one than to the other if there be no other Arguments must give credit to a third or to a third and fourth or more For else the question is undecided and left to force contrary to the Law of Nature These are the Lawes of Nature dictating Peace for a means of the conservation of men in multitudes and which onely concern the doctrine of Civill Society There be other things tending to the destruction of particular men as Drunkenness and all other parts of Intemperance which may therefore also be reckoned amongst those things which the Law of Nature hath forbidden but are not necessary to be mentioned nor are pertinent enough to this place And though this may seem too subtile a deduction of the Lawes of Nature to be taken notice of by all men whereof the most part are too busie in getting food and the rest too negligent to understand yet to leave all men unexcusable they have been contracted into one easie sum intelligible even to the meanest capacity and that is Do not that to another which thou wouldest not have done to thy selfe which sheweth him that he has no more to do in learning the Lawes of Nature but when weighing the actions of other men with his own they seem too heavy to put them into the other part of the ballance and his own into their place that his own passions and selfe-love may adde nothing to the weight and then there is none of these Lawes of Nature that will not appear unto him very reasonable The Lawes of Nature oblige in foro interno that is to say they bind to a desire they should take place but in foro externo that is to the putting them in act not alwayes For he that should be modest and tractable and performe all he promises in such time and place where no man els should do so should but make himselfe a prey to others and procure his own certain ruine contrary to the ground of all Lawes of Nature which tend to Natures preservation And again he that having sufficient Security that others shall observe tâ—…e same Lawes towards him observes them not himselfe seeketh not Peace but War consequently the destruction of his Nature by Violence And whatsoever Lawes bind in foro interno may be broken not onely by a fact contrary to the Law but also by a fact according to it in case a man think it contrary For though his Action in this case be according to the Law yet his Purpose was against the Law which where the Obligation is in foro interno is a breach The Lawes of Nature are Immutable and Eternall For Injustice Ingratitude Arrogance Pride Iniquity Acception of persons and the rest can never be made lawfull For it can never be that Warre shall preserve life and Peace destroy it The sames Lawes because they oblige onely to a desire and endeavour I mean an unfeigned and constant endeavour are easie to be observed For in that they require nothing but endeavour he that endeavoureth their performance fulfilleth them and he that fulfilleth the Law is Just. And the Science of them is the true and onely Moral Philosophy For Morall Philosophy is nothing else but the Science of what is Good and Evill in the conversation and Society of man-kind Good and Evill are names that signifie our Appetites and Aversions which in different tempers customes and doctrines of men are different And divers men differ not onely in their Judgement on the senses of what is pleasant and unpleasant to the tast smell hearing touch and sight but also of what is conformable or disagreeable to Reason in the actions of common life Nay the same man in divers times differs from himselfe and one time praiseth that is calleth Good what another time he dispraiseth and calleth Evil From whence arise Disputes Controversies and at last War And therefore so long a man is in the condition of meer Nature which is a condition of War as private Appetite is the measure of Good and Evill And consequently all men agree on this that Peace is Good and therefore also the way or means of Peace which as I have shewed before are Justice Gratitude Modesty Equity Mercy the rest of the Laws of Nature are good that is to say Morall Vertues and their contrarie Vices Evill Now the science of Vertue and Vice is Morall Philosophie and therfore the true Doctrine of the Lawes of Nature is the true Morall Philosophie But the Writers of Morall Philosophie though they acknowledge the same Vertues and Vices Yet not seeing wherein consisted their Goodnesse nor that they come to be praised as the meanes of peaceable sociable and comfortable living place them in a mediocrity of passions as if not the Cause but the Degree of daring made Fortitude or not the Cause but the Quantity of a gift made Liberality These dictates of Reason men use to call by the name of Lawes but improperly for they are but Conclusions or Theoremes concerning what conduceth to the conservation and defence of themselves wheras Law properly is the word of him that by right hath command over others But
King in Parliament And in some places of the world men have the Liberty of many wives in other places such Liberty is not allowed If a Subject have a controversie with his Soveraigne of debt or of right of possession of lands or goods or concerning any service required at his hands or concerning any penalty corporall or pecuniary grounded on a precedent Law he hath the same Liberty to sue for his right as if it were against a Subject and before such Judges as are appointed by the Soveraign For seeing the Soveraign demandeth by force of a former Law and not by vertue of his Power he declareth thereby that he requireth no more than shall appear to be due by that Law The sute therefore is not contrary to the will of the Soveraign and consequently the Subject hath the Liberty to demand the hearing of his Cause and sentence according to that Law But if he demand or take any thing by pretence of his Power there lyeth in that case no action of Law for all that is done by him in Vertue of his Power is done by the Authority of every Subject and consequently he that brings an action against the Soveraign brings it against himselfe If a Monarch or Soveraign Assembly grant a Liberty to all or any of his Subjects which Grant standing he is disabled to provide for their safety the Grant is voyd unlesse he directly renounce or transferre the Soveraignty to another For in that he might openly if it had been his will and in plain termes have renounced or transferred it and did not it is to be understood it was not his will but that the Grant proceeded from ignorance of the repugnancy between such a Liberty and the Soveraign Power and therefore the Soveraignty is still retayned and consequently all those Powers which are necessary to the exercising thereof such as are the Power of Warre and Peace of Judicature of appointing Officers and Councellours of levying Mony and the rest named in the 18th Chapter The Obligation of Subjects to the Soveraign is understood to last as long and no longer than the power lasteth by which he is able to protect them For the right men have by Nature to protect themselves when none else can protect them can by no Covenant be relinquished The Soveraignty is the Soule of the Common-wealth which once departed from the Body the members doe no more receive their motion from it The end of Obedience is Protection which wheresoever a man seeth it either in his own or in anothers sword Nature applyeth his obedience to it and his endeavour to maintaine it And though Soveraignty in the intention of them that make it be immortall yet is it in its own nature not only subject to violent death by forreign war but also through the ignorance and passions of men it hath in it from the very institution many seeds of a naturall mortality by Intestine Discord If a Subject be taken prisoner in war or his person or his means of life be within the Guards of the enemy and hath his life and corporall Libertie given him on condition to be Subject to the Victor he hath Libertie to accept the condition and having accepted it is the subject of him that took him because he had no other way to preserve himself The case is the same if he be deteined on the same termes in a forreign country But if a man be held in prison or bonds or is not trusted with the libertie of his bodie he cannot be understood to be bound by Covenant to subjection and therefore may if he can make his escape by any means whatsoever If a Monarch shall relinquish the Soveraignty both for himself and his heires His Subjects returne to the absolute Libertie of Nature because though Nature may declare who are his Sons and who are the nerest of his Kin yet it dependeth on his own will as hath been said in the precedent chapter who shall be his Heyr If therefore he will have no Heyre there is no Soveraignty nor Subjection The case is the same if he dye without known Kindred and without declaration of his Heyre For then there can no Heire be known and consequently no Subjection be due If the Soveraign Banish his Subject during the Banishment he is not Subject But he that is sent on a message or hath leave to travell is still Subject but it is by Contract between Soveraigns not by vertue of the covenant of Subjection For whosoever entreth into anothers dominion is Subject to all the Laws thereof unlesse he have a privilege by the amity of the Soveraigns or by speciall licence If a Monarch subdued by war render himself Subject to the Victor his Subjects are delivered from their former obligation and become obliged to the Victor But if he be held prisoner or have not the liberty of his own Body he is not understood to have given away the Right of Soveraigntie and therefore his Subjects are obliged to yield obedience to the Magistrates formerly placed governing not in their own name but in his For his Right remaining the question is only of the Administration that is to say of the Magistrates and Officers which if he have not means to name he is supposed to approve those which he himself had formerly appointed CHAP. XXII Of SYSTEMES Subject Politicall and Private HAving spoken of the Generation Forme and Power of a Common-wealth I am in order to speak next of the parts thereof And first of Systemes which resemble the similar parts or Muscles of a Body naturall By SYSTEMES I understand any numbers of men joyned in one Interest or one Businesse Of which some are Regular and some Irregular Regular are those where one Man or Assembly of men is constituted Representative of the whole number All other are Irregular Of Regular some are Absolute and Independent subject to none but their own Representative such are only Common-wealths Of which I have spoken already in the 5. last precedent chapters Others are Dependent that is to say Subordinate to some Soveraign Power to which every one as also their Representative is Subject Of Systemes subordinate some are Politicall and some Private Politicall otherwise Called Bodies Politique and Persons in Law are those which are made by authority from the Soveraign Power of the Common-wealth Private are those which are constituted by Subjects amongst themselves or by authoritie from a stranger For no authority derived from forraign power within the Dominion of another is Publique there but Private And of Private Systemes some are Lawfull some Unlawfull Lawfull are those which are allowed by the Common-wealth all other are Unlawfull Irregular Systemes are those which having no Representative consist only in concourse of People which if not forbidden by the Common-wealth nor made on evill designe such as are conflux of People to markets or shews or any other harmelesse end are Lawfull But when the
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
a Crime For as I have shewn before in the second Chapter Dreams be naturally but the fancies remaining in sleep after the impressions our Senses had formerly received waking and when men are by any accident unassured they have slept seem to be reall Visions and therefore he that presumes to break the Law upon his own or anothers Dream or pretended Vision or upon other Fancy of the power of Invisible Spirits than is permitted by the Common-wealth leaveth the Law of Nature which is a certain offence and followeth the imagery of his own or another private mans brain which he can never know whether it signifieth any thing or nothing nor whether he that tells his Dream say true or lye which if every private man should have leave to do as they must by the Law of Nature if any one have it there could no Law be made to hold and so all Common-wealth would be dissolved From these different sources of Crimes it appeares already that all Crimes are not as the Stoicks of old time maintained of the same allay There is place not only for EXCUSE by which that which seemed a Crime is proved to be none at all but also for EXTENUATION by which the Crime that seemed great is made lesse For though all Crimes doe equally deserve the name of Injustice as all deviation from a strait line is equally crookednesse which the Stoicks rightly observed yet it does not follow that all Crimes are equally unjust no more than that all crooked lines are equally crooked which the Stoicks not observing held it as great a Crime to kill a Hen against the Law as to kill ones Father That which totally Excuseth a Fact and takes away from it the nature of a Crime can be none but that which at the same time taketh away the obligation of the Law For the fact committed once against the Law if he that committed it be obliged to the Law can be no other than a Crime The want of means to know the Law totally Excuseth For the Law whereof a man has no means to enforme himself is not obligatory But the want of diligence to enquire shall not be considered as a want of means Nor shall any man that pretendeth to reason enough for the Government of his own affairs be supposed to want means to know the Lawes of Nature because they are known by the reason he pretends to only Children and Madmen are Excused from offences against the Law Naturall Where a man is captive or in the power of the enemy and he is then in the power of the enemy when his person or his means of living is so if it be without his own fault the Obligation of the Law ceaseth because he must obey the enemy or dye and consequently such obedience is no Crime for no man is obliged when the protection of the Law faileth not to protect himself by the best means he can If a man by the terrour of present death be compelled to doe a fact against the Law he is totally Excused because no Law can oblige a man to abandon his own preservation And supposing such a Law were obligatory yet a man would reason thus If I doe it not I die presently if I doe it I die afterwards therefore by doing it there is time of life gained Nature therefore compells him to the fact When a man is destitute of food or other thing necessary for his life and cannot preserve himselfe any other way but by some fact against the Law as if in a great famine he take the food by force or stealth which he cannot obtaine for mony nor charity or in defence of his life snatch away another mans Sword he is totally Excused for the reason next before alledged Again Facts done against the Law by the authority of another are by that authority Excused against the Author because no man ought to accuse his own fact in another that is but his instrument but it is not Excused against a third person thereby injured because in the violation of the Law both the Author and Actor are Criminalls From hence it followeth that when that Man or Assembly that hath the Soveraign Power commandeth a man to do that which is contrary to a former Law the doing of it is totally Excused For he ought not to condemn it himselfe because he is the Author and what cannot justly be condemned by the Soveraign cannot justly be punished by any other Besides when the Soveraign commandeth any thing to be done against his own former Law the Command as to that particular fact is an abrogation of the Law If that Man or Assembly that hath the Soveraign Power disclaime any Right essentiall to the Soveraignty whereby there accâ—…eth to the Subject any liberty inconsistent with the Soveraign Power that is to say with the very being of a Common-wealth if the Subject shall refuse to obey the Command in any thing contrary to the liberty granted this is neverthelesse a Sinne and contrary to the duty of the Subject for he ought to take notice of what is inconsistent with the Soveraignty because it was erected by his own consent and for his own defence and that such liberty as is inconsistent with it was granted through ignorance of the evill consequence thereof But if he not onely disobey but also resist a publique Minister in the execution of it then it is a Crime because he might have been righted without any breach of the Peace upon complaint The Degrees of Crime are taken on divers Scales and measured First by the malignity of the Source or Cause Secondly by the contagion of the Example Thirdly by the mischiefe of the Effect and Fourthly by the concurrence of Times Places and Persons The same Fact done against the Law if it proceed from Presumption of strength riches or friends to resist those that are to execute the Law is a greater Crime than if it proceed from hope of not being discovered or of escape by flight For Presumption of impunity by force is a Root from whence springeth at all times and upon all temptations a contempt of all Lawes whereas in the later case the apprehension of danger that makes a man fly renders him more obedient for the future A Crime which we know to be so is greater than the same Crime proceeding from a false perswasion that it is lawfull For he that committeth it against his own conscience presumeth on his force or other power which encourages him to commit the same again but he that doth it by errour after the errour shewn him is conformable to the Law Hee whose errour proceeds from the authority of a Teacher or an Interpreter of the Law publiquely authorised is not so faulty as he whose errour proceedeth from a peremptory pursute of his own principles and reasoning For what is taught by one that teacheth by publique Authority the Common-wealth â—…eacheth and hath a resemblance of Law till
the same Authority controuleth it and in all Crimes that contain not in them a denyall of the Soveraign Power nor are against an evident Law Excuseth totally whereas he that groundeth his actions on his private Judgement ought according to the rectitude or errour thereof to stand or fall The same Fact if it have been constantly punished in other men is a greater Crime than if there have been many precedent Examples of impunity For those Examples are so many hopes of Impunity given by the Soveraign himselfe And because he which furnishes a man with such a hope and presumption of mercy as encourageth him to offend hath his part in the offence he cannot reasonably charge the offender with the whole A Crime arising from a sudden Passion is not so great as when the same ariseth from long meditation For in the former case there is a place for Extenuation in the common infirmity of humane nature but he that doth it with praemeditation has used circumspection and cast his eye on the Law on the punishment and on the consequence thereof to humane society all which in committing the Crime hee hath contemned and postposed to his own appetite But there is no suddennesse of Passion sufficient for a totall Excuse For all the time between the first knowing of the Law and the Commission of the Fact shall be taken for a time of deliberation because he ought by meditation of the Law to rectifie the irregularity of his Passions Where the Law is publiquely and with assiduity before all the people read and interpreted a fact done against it is a greater Crime than where men are left without such instrustion to enquire of it with difficulty uncertainty and interruption of their Callings and be informed by priuate men for in this case part of the fault is discharged upon common infirmity but in the former there is apparent negligence which is not without some contempt of the Sovetaign Power Those facts which the Law expresly condemneth but the Law-maker by other manifest signes of his will tacitly approveth are lesse Crimes than the same facts condemned both by the Law and Law-maker For seeing the will of the Law-maker is a Law there appear in this case two contradictory Lawes which would totally Excuse if men were bound to take notice of the Soveraigns approbation by other arguments than are expressed by his command But because there are punishments consequent not onely to the transgression of his Law but also to the observing of it he is in part a cause of the transgression and therefore cannot reasonably impute the whole Crime to the â—…quent For example the Law condemneth Duells the punishment is made capitall On the contrary part he that refuseth Duell is subject to contempt and 〈◊〉 without remedy and sometimes by the Soveraign himselfe thought unworthy to have any charge or preferment in Warre If thereupon he accept Duell considering all men lawfully endeavour to obtain the good opinion of them that have the Soveraign Power he ought not in reason to be 〈◊〉 punished seeing part of the fault may be discharged on the punisher which I say not as wishing liberty of private revenges or any other kind of disobedience but a care in Governours not to countenance any thing obliquely which directly they forbid The examples of Princes to those that see them are and ever have been more potent to govern their actions than the Lawes themselves And thought it be our duty to do not what they do but what they say yet will that duty never be performed till it please God to give men an extraordinary and supernaturall grace to follow that Precept Again if we compare Crimes by the mischiefe of their Effects First the same fact when it redounds to the dammage of many is greater than when it redounds to the hurt of few And therefore when a fact hurteth not onely in the present but also by example in the future it is a greater Crime than if it hurt onely in the present for the former is a fertile Crime and multiplyes to the hurt of many the later is barren To maintain doctrines contrary to the Religion established in the Common-wealth is a greater fault in an authorised Preacher than in a private person So also is it to live prophanely incontinently or do any irreligious act whatsoever Likewise in a Professor of the Law to maintain any point or do any act that tendeth to the weakning of the Soveraign Power is a greater Crime than in another man Also in a man that hath such reputation for wisedome as that his counsells are followed or his actions imitated by many his fact against the Law is a greater Crime than the same fact in another For such men not onely commit Crime but teach it for Law to all other men And generally all Crimes are the greater by the scandall they give that is to say by becomming stumbling-blocks to the weak that look not so much upon the way they go in as upon the light that other men carry before them Also Facts of hostility against the present state of the Common-wealth are greater Crimes than the same acts done to private men For the dammage extends it selfe to all Such are the betraying of the strengths or revealing of the secrets of the Common-wealth to an Enemy also all attempts upon the Representative of the Common-wealth be it a Monarch or an Assembly and all endeavours by word or deed to diminish the Authority of the same either in the present time or in succession which Crimes the Latines understand by Crimina laesae Majestatis and consist in designe or act contrary to a Fundamentall Law Likewise those Crimes which render Judgements of no effect are greater Crimes than Injuries done to one or a few persons as to receive mony to give False judgement or testimony is a greater Crime than otherwise to deceive a man of the like or a greater summe because not onely he has wrong that falls by such judgements but all Judgements are rendered uselesse and occasion ministred to force and private revenges Also Robbery and Depeculation of the Publique treasure or Revenues is a greater Crime than the robbing or defrauding of a Private man because to robbe the publique is to robbe many at once Also the Counterfeit usurpation of publique Ministery the Counterfeiting of publique Seales or publique Coine than counterfeiting of a private mans person or his seale because the fraud thereof extendeth to the dammage of many Of facts against the Law done to private men the greater Crime is that where the dammage in the common opinion of men is most sensible And therefore To kill against the Law is a greater Crime than any other injury life preserved And to kill with Torment greater than simply to kill And Mutilation of a limbe greater than the spoyling a man of his goods And the spoyling a man of his goods by
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
receiveth thereby is the enjoyment of life which is equally dear to poor and rich the debt which a poor man oweth them that defend his life is the same which a rich man oweth for the defence of his saving that the rich who have the service of the poor may be debtors not onely for their own persons but for many more Which considered the Equality of Imposition consisteth rather in the Equality of that which is consumed than of the riches of the persons that consume the same For what reasonis there that he which laboureth much and sparing the fruits of his labour consumeth little should be more charged then he that living idlely getteth little and spendeth all he gets seeing the one hath no more protection from the Common-wealth then the other But when the Impositions are layd upon those things which men consume every man payeth Equally for what he useth Nor is the Common-wealth defrauded by the luxurious waste of private men And whereas many men by accident unevitable become unable to maintain themselves by their labour they ought not to be left to the Charity of private persons but to be provided for as far-forth as the necessities of Nature require by the Lawes of the Common-wealth For as it is Uncharitablenesse in any man to neglect the impotent so it is in the Soveraign of a Common-wealth to expose them to the hazard of such uncertain Charity But for such as have strong bodies the case is otherwise they are to be forced to work and to avoyd the excuse of not finding employment there ought to be such Lawes as may encourage all manner of Arts as Navigation Agriculture Fishing and all manner of Manifacture that requires labour The multitude of poor and yet strong people still encreasing they are to be transplanted into Countries not sufficiently inhabited where neverthelesse they are not to exterminate those they find there but constrain them to inhabit closer together and not range a great deal of ground to snatch what they find but to court each little Plot with art and labour to give them their sustenance in due season And when all the world is overchargd with Inhabitants then the last remedy of all is Warre which provideth for every man by Victory or Death To the care of the Soveraign belongeth the making of Good Lawes But what is a good Law By a Good Law I mean not a. Just Law for no Law can be Unjust The Law is made by the Soveraign Power and all that is done by such Power is warranted and owned by every one of the people and that which every man will have so no man can say is unjust It is in the Lawes of a Common-wealth as in the Lawes of Gaming whatsoever the Gamesters all agree on is Injustice to none of them A good Law is that which is Needfull for the Good of the People and withall Perspicuous For the use of Lawes which are but Rules Authorised is not to bind the People from all Voluntary actions but to direct and keep them in such a motion as not to hurt themselves by their own impetuous desires rashnesse or indiscretion as Hedges are set not to stop Travellers but to keep them in the way And therefore a Law that is not Needfull having not the true End of a Law is not Good A Law may be conceived to be Good when it is for the benefit of the Soveraign though it be not Necessary for the People but it is not so For the good of the Soveraign and People cannot be separated It is a weak Soveraign that has weak Subjects and a weak People whose Soveraign wanteth Power to rule them at his will Unnecessary Lawes are not good Lawes but trapps for Mony which where the right of Soveraign Power is acknowledged are superfluous and where it is not acknowledged unsufficient to defend the People The Perspicuity consisteth not so much in the words of the Law it selfe as in a Declaration of the Causes and Motives for which it was made That is it that shewes us the meaning of the Legislator and the meaning of the Legislator known the Law is more easily understood by few than many words For all words are subject to ambiguity and therefore multiplication of words in the body of the Law is multiplication of ambiguity Besides it seems to imply by too much diligence that whosoever can evade the words is without the compasse of the Law And this is a cause of many unnecessary Processes For when I consider how short were the Lawes of antient times and how they grew by degrees still longer me thinks I see a contention between the Penners and Pleaders of the Law the former seeking to circumscribe the later and the later to evade their circumscriptions and that the Pleaders have got the Victory It belongeth therefore to the Office of a Legislator such as is in all Common-wealths the Supreme Representative be it one Man or an Assembly to make the reason Perspicuous why the Law was made and the Body of the Law it selfe as short but in as proper and significant termes as may be It belongeth also to the Office of the Soveraign to make a right application of Punishments and Rewards And seeing the end of punishing is not revenge and discharge of choler but correction either of the offender or of others by his example the severest Punishments are to be inflicted for those Crimes that are of most Danger to the Publique such as are those which proceed from malice to the Government established those that spring from contempt of Justice those that provoke Indignation in the Multitude and those which unpunished seem Authorised as when they are committed by Sonnes Servants or Favorites of men in Authority For Indignation carrieth men not onely against the Actors and Authors of Injustice but against all Power that is likely to protect them as in the case of Tarquin when for the Insolent act of one of his Sonnes he was driven out of Rome and the Monarchy it selfe dissolved But Crimes of Infirmity such as are those which proceed from great provocation from great fear great need or from ignorance whether the Fact be a great Crime or not there is place many times for Lenity without prejudice to the Common-wealth and Lenity when there is such place for it is required by the Law of Nature The Punishment of the Leaders and teachers in a Commotion not the poore seduced People when they are punished can profit the Common-wealth by their example To be severe to the People is to punish that ignorance which may in great part be imputed to the Soveraign whose fault it was they were no better instructed In like manner it belongeth to the Office and Duty of the Soveraign to apply his Rewards alwayes so as there may arise from them benefit to the Common-wealth wherein consisteth their Use and End and is then done when they that have well
and they that were governed did all expect the Messiah and Kingdome of God which they could not have done if their Laws had forbidden him when he came to manifest and declare himself Seeing therefore he did nothing but by Preaching and Miracles go about to prove himselfe to be that Messiah hee did therein nothing against their laws The Kingdome hee claimed was to bee in another world He taught all men to obey in the mean time them that sate in Moses seat He allowed them to give Caesar his tribute and refused to take upon himselfe to be a Judg. How then could his words or actions bee seditious or tend to the overthrow of their then Civill Government But God having determined his sacrifice for the reduction of his elect to their former covenanted obedience for the means whereby he would bring the same to effect made use of their malice and ingratitude Nor was it contrary to the laws of Caesar. For though Pilate himself to gratifie the Jews delivered him to be crucified yet before he did so he pronounced openly that he found no fault in him And put for title of his condemnation not as the Jews required that he pretended to bee King bnt simply That hee was King of the Iews and notwithstanding their clamour refused to alter it saying What I have written I have written As for the third part of his Office which was to be King I have already shewn that his Kingdome was not to begin till the Resurrection But then he shall be King not onely as God in which sense he is King already and ever shall be of all the Earth in vertue of his omnipotence but also peculiarly of his own Elect by vertue of the pact they make with him in their Baptisme And therefore it is that our Saviour saith Mat. 19. 28. that his Apostles should sit upon twelve thrones judging the twelve tribes of Israel When the Son of man shall sit in the throne of his glory whereby he signified that he should reign then in his humane nature and Mat. 16. 27. The Son of man shall come in the glory of his Father with his Angels and then he shall reward every man according to his works The same we may read Marke 13. 26. and 14. 62. and more expressely for the time Luke 22. 29 30. I appoint unto you a Kingdome as my Father hath appointed to mee that you may eat and drink at my table in my Kingdome and sit on thrones judging the twelve tribes of Israel By which it is manifest that the Kingdome of Christ appointed to him by his Father is not to be before the Son of Man shall come in Glory and make his Apostles Judges of the twelve tribes of Israel But a man may here ask seeing there is no marriage in the Kingdome of Heaven whether men shall then eat and drink what eating therefore is meant in this place This is expounded by our Saviour Iohn 6. 27. where he saith Labour not for the meat which perisheth but for that meat which endureth unto everlasting life which the Son of man shall give you So that by eating at Christs table is meant the eating of the Tree of Life that is to say the enjoying of Immortality in the Kingdome of the Son of Man By which places and many more it is evident that our Saviours Kingdome is to bee exercised by him in his humane nature Again he is to be King then no otherwise than as subordinate or Vicegerent of God the Father as Moses was in the wildernesse and as the High Priests were before the reign of Saul and as the Kings were after it For it is one of the Prophecies concerning Christ that he should be like in Office to Moses I will raise them up a Prophet saith the Lord Deut. 18. 18. from amongst their Brethren like unto thee and will put my words into his mouth and this similitude with Moses is also apparent in the actions of our Saviour himself whilest he was conversant on Earth For as Moses chose twelve Princes of the tribes to govern under him so did our Saviour choose twelve Apostles who shall sit on twelve thrones and judge the twelve tribes of Israel And as Moses authorized Seventy Elders to receive the Spirit of God and to Prophecy to the people that is as I have said before to speak unto them in the name of God so our Saviour also ordained seventy Disciples to preach his Kingdome and Salvation to all Nations And as when a complaint was made to Moses against those of the Seventy that prophecyed in the camp of Israel he justified them in it as being subservient therein to his government so also our Saviour when St. John complained to him of a certain man that cast out Devills in his name justified him therein saying Luke 9. 50. Forbid him not for hee that is not against us is on our part Again our Saviour resembled Moses in the institution of Sacraments both of Admission into the Kingdome of God and of Commemoration of his deliverance of his Elect from their miserable condition As the Children of Israel had for Sacrament of their Reception into the Kingdome of God before the time of Moses the rite of Circumcision which rite having been omitted in the Wildernesse was again restored as soon as they came into the land of Promise so also tâ—…e Jews before the coming of our Saviour had a rite of Baptizing that is of washing with water all those that being Gentiles embraced the God of Israel This rite St. John the Baptist used in the reception of all them that gave their names to the Christ whom hee preached to bee already come into the world and our Saviour instituted the same for a Sacrament to be taken by all that beleeved in him From what cause the rite of Baptisme first proceeded is not expressed formally in the Scripture but it may be probably thought to be an imitation of the law of Moses concerning Leprousie wherein the Leprous man was commanded to be kept out of the campe of Israel for a certain time after which time being judged by the Priest to be clean hee was admitted into the campe after a solemne Washing And this may therefore bee a type of the Washing in Baptisme wherein such men as are cleansed of the Leprousie of Sin by Faith are received into the Church with the solemnity of Baptisme There is another conjecture drawn from the Ceremonies of the Gentiles in a certain case that rarely happens and that is when a man that was thought dead chanced to recover other men made scruple to converse with him as they would doe to converse with a Ghost unlesse hee were received again into the number of men by Washing as Children new born were washed from the uncleannesse of their nativity which was a kind of new birth This ceremony of the Greeks in the time that Judaea was under the Dominion of Alexander and the Greeks
ordained And therefore in all Common-wealths of the Heathen the Soveraigns have had the name of Pastors of the People because there was no Subject that could lawfully Teach the people but by their permission and authority This Right of the Heathen Kings cannot bee thought taken from them by their conversion to the Faith of Christ who never ordained that Kings for beleeving in him should be deposed that is subjected to any but himself or which is all one be deprived of the power necessary for the conservation of Peace amongst their Subjects and for their defence against foraign Enemies And therefore Christian Kings are still the Supreme Pastors of their people and have power to ordain what Pastors they please to teach the Church that is to teach the People committed to their charge Again let the right of choosing them be as before the conversion of Kings in the Church for so it was in the time of the Apostles themselves as hath been shewn already in this chapter even so also the Right will be in the Civill Soveraign Christian. For in that he is a Christian he allowes the Teaching and in that he is the Soveraign which is as much as to say the Church by Representation the Teachers hee elects are elected by the Church And when an Assembly of Christians choose their Pastor in a Christian Common-wealth it is the Soveraign that electeth him because t is done by his Authority In the same manner as when a Town choose their Maior it is the act of him that hath the Soveraign Power For every act done is the act of him without whose consent it is invalid And therefore whatsoever examples may be drawn out of History concerning the Election of Pastors by the People or by the Clergy they are no arguments against the Right of any Civill Soveraign because they that elected them did it by his Authority Seeing then in every Christian Common-wealth the Civill Soveraign is the Supreme Pastor to whose charge the whole flock of his Subjects is committed and consequently that it is by his authority that all other Pastors are made and have power to teach and performe all other Pastorall offices it followeth also that it is from the Civill Soveraign that all other Pastors derive their right of Teaching Preaching and other functions pertaining to that Office and that they are but his Ministers in the same manner as the Magistrates of Towns Judges in Courts of Justice and Commanders of Armies are all but Ministers of him that is the Magistrate of the whole Common-wealth Judge of all Causes and Commander of the whole Militia which is alwaies the Civill Soveraign And the reason hereof is not because they that Teach but because they that are to Learn are his Subjects For let it be supposed that a Christian King commit the Authority of Ordaining Pastors in his Dominions to another King as divers Christian Kings allow that power to the Pope he doth not thereby constitute a Pastor over himself nor a Soveraign Pastor over his People for that were to deprive himself of the Civill Power which depending on the opinion men have of their Duty to him and the fear they have of Punishment in another world would depend also on the skill and loyalty of Doctors who are no lesse subject not only to Ambition but also to Ignorance than any other sort of men So that where a stranger hath authority to appoint Teachers it is given him by the Soveraign in whose Dominions he teacheth Christian Doctors are our Schoolmasters to Christianity But Kings are Fathers of Families and may receive Schoolmasters for their Subjects from the recommendation of a stranger but not from the command especially when the ill teaching them shall redound to the great and manifest profit of him that recommends them nor can they be obliged to retain them longer than it is for the Publique good the care of which they stand so long charged withall as they retain any other essentiall Right of the Soveraignty If a man therefore should ask a Pastor in the execution of his Office as the chief Priests and Elders of the people Mat. 21. 23. asked our Saviour By what authority dost thou these things and who gave thee this authority he can make no other just Answer but that he doth it by the Authority of the Common-wealth given him by the King or Assembly that representeth it All Pastors except the Supreme execute their charges in the Right that is by the Authority of the Civill Soveraign that is Iure Civili But the King and every other Soveraign executeth his Office of Supreme Pastor by immediate Authority from God that is to say in Gods Right or Iure Divino And therefore none but Kings can put into their Titles a mark of their submission to God onely Dei gratiâ Rex c. Bishops ought to say in the beginning of their Mandates By the favour of the Kings Majesty Bishop of such a Diocesse or as Civill Ministers In his Majesties Name For in saying Divinâ providentiâ which is the same with Dei gratiâ though disguised they deny to have received their authority from the Civill State and sliely slip off the Collar of their Civill Subjection contrary to the unity and defence of the Common-wealth But if every Christian Soveraign be the Supreme Pastor of his own Subjects it seemeth that he hath also the Authority not only to Preach which perhaps no man will deny but also to Baptize and to Administer the Sacrament of the Lords Supper and to Consecrate both Temples and Pastors to Gods service which most men deny partly because they use not to do it and partly because the Administration of Sacraments and Consecration of Persons and Places to holy uses requireth the Imposition of such mens hands as by the like Imposition successively from the time of the Apostles have been ordained to the like Ministery For proof therefore that Christian Kings have power to Baptize and to Consecrate I am to render a reason both why they use not to doe it and how without the ordinary ceremony of Imposition of hands they are made capable of doing it when they will There is no doubt but any King in case he were skilfull in the Sciences might by the same Right of his Office read Lectures of them himself by which he authorizeth others to read them in the Universities Neverthelesse because the care of the summe of the businesse of the Common-wealth taketh up his whole time it were not convenient for him to apply himself in Person to that particular A King may also if he please sit in Judgment to hear and determine all manner of Causes as well as give others authority to doe it in his name but that the charge that lyeth upon him of Command and Government constrain him to bee continually at the Helm and to commit the Ministeriall Offices to others under him In the like manner our Saviour who surely had
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
should not violate our Faith that is a commandement to obey our Civill Soveraigns which wee constituted over us by mutuall pact one with another And this Law of God that commandeth Obedience to the Law Civill commandeth by consequence Obedience to all the Precepts of the Bible which as I have proved in the precedent Chapter is there onely Law where the Civill Soveraign hath made it so and in other places but Counsell which a man at his own perill may without injustice refuse to obey Knowing now what is the Obedience Necessary to Salvation and to whom it is due we are to consider next concerning Faith whom and why we beleeve and what are the Articles or Points necessarily to be beleeved by them that shall be saved And first for the Person whom we beleeve because it is impossible to beleeve any Person before we know what he saith it is necessary he be one that wee have heard speak The Person therefore whom Abraham Isaac Jacob Moses and the Prophets beleeved was God himself that spake unto them supernaturally And the Person whom the Apostles and Disciples that conversed with Christ beleeved was our Saviour himself But of them to whom neither God the Father nor our Saviour ever spake it cannot be said that the Person whom they beleeved was God They beleeved the Apostles and after them the Pastors and Doctors of the Church that recommended to their faith the History of the Old and New Testament so that the Faith of Christians ever since our Saviours time hath had for foundation first the reputation of their Pastors and afterward the authority of those that made the Old and New Testament to be received for the Rule of Faith which none could do but Christian Soveraignes who are therefore the Supreme Pastors and the onely Persons whom Christians now hear speak from God except such as God speaketh to in these days supernaturally But because there be many false Prophets gone out into the world other men are to examine such Spirits as St. Iohn adviseth us 1 Epistle Chap. 4. ver 1. whether they be of God or not And therefore seeing the Examination of Doctrines belongeth to the Supreme Pastor the Person which all they that have no speciall revelation are to beleeve is in every Common-wealth the Supreme Pastor that is to say the Civill Soveraigne The causes why men beleeve any Christian Doctrine are various For Faith is the gift of God and he worketh it in each severall man by such wayes as it seemeth good unto himself The most ordinary immediate cause of our beleef concerning any point of Christian Faith is that wee beleeve the Bible to be the Word of God But why wee beleeve the Bible to be the Word of God is much disputed as all questions must needs bee that are not well stated For they make not the question to be Why we Beleeve it but How wee Know it as if Beleeving and Knowing were all one And thence while one side ground their Knowledge upon the Infallibility of the Church and the other side on the Testimony of the Private Spirit neither side concludeth what it pretends For how shall a man know the Infallibility of the Church but by knowing first the Infallibility of the Scripture Or how shall a man know his own Private spirit to be other than a beleef grounded upon the Authority and Arguments of his Teachers or upon a Presumption of his own Gifts Besides there is nothing in the Scripture from which can be inferred the Infallibility of the Church much lesse of any particular Church and least of all the Infallibility of any particular man It is manifest therefore that Christian men doe not know but onely beleeve the Scripture to be the Word of God and that the means of making them beleeve which God is pleased to afford men ordinarily is according to the way of Nature that is to say from their Teachers It is the Doctrine of St. Paul concerning Christian Faith in generall Rom. 10. 17. Faith cometh by Hearing that is by Hearing our lawfull Pastors He saith also ver 14 15. of the same Chapter How shall they beleeve in him of whom they have not heard and how shall they hear without a Preacher and how shall they Preach except they be sent Whereby it is evident that the ordinary cause of beleeving that the Scriptures are the Word of God is the same with the cause of the beleeving of all other Articles of our Faith namely the Hearing of those that are by the Law allowed and appointed to Teach us as our Parents in their Houses and our Pastors in the Churches Which also is made more manifest by experience For what other cause can there bee assigned why in Christian Common-wealths all men either beleeve or at least professe the Scripture to bee the Word of God and in other Common-wealths scarce any but that in Christian Common-wealths they are taught it from their infancy and in other places they are taught otherwise But if Teaching be the cause of Faith why doe not all beleeve It is certain therefore that Faith is the gift of God and hee giveth it to whom he will Neverthelesse because to them to whom he giveth it he giveth it by the means of Teachers the immediate cause of Faith is Hearing In a School where many are taught and some profit others profit not the cause of learning in them that profit is the Master yet it cannot be thence inferred that learning is not the gift of God All good things proceed from God yet cannot all that have them say they are Inspired for that implies a gift supernaturall and the immediate hand of God which he that pretends to pretends to be a Prophet and is subject to the examination of the Church But whether men Know or Beleeve or Grant the Scriptures to be the Word of God if out of such places of them as are without obscurity I shall shew what Articles of Faith are necessary and onely necessary for Salvation those men must needs Know Beleeve or Grant the same The Vnum Necessarium Onely Article of Faith which the Scripture maketh simply Necessary to Salvation is this that JESUS IS THE CHRIST By the name of Christ is understood the King which God had before promised by the Prophets of the Old Testament to send into the world to reign over the Jews and over such of other nations as should beleeve in him under himself eternally and to give them that eternall life which was lost by the sin of Adam Which when I have proved out of Scripture I will further shew when and in what sense some other Articles may bee also called Necessary For Proof that the Beleef of this Article Iesus is the Christ is all the Faith required to Salvation my first Argument shall bee from the Scope of the Evangelists which was by the description of the life of our Saviour to establish that one
Seventh but when a man lay with a woman not his wife our Saviour tells them the inward Anger of a man against his brother if it be without just cause is Homicide You have heard saith hee the Law of Moses Thou shalt not Kill and that Whosoever shall Kill shall bee condemned before the Iudges or before the Session of the Seventy But I say unto you to be Angry with ones Brother without cause or to say unto him Racha or Foole is Homicide and shall be punished at the day of Judgment and Session of Christ and his Apostles with Hell fire so that those words were not used to distinguish between divers Crimes and divers Courts of Justice and divers Punishments but to taxe the distinction between sin and sin which the Jews drew not from the difference of the Will in Obeying God but from the difference of their Temporall Courts of Justice and to shew them that he that had the Will to hurt his Brother though the effect appear but in Reviling or not at all shall be cast into hell fire by the Judges and by the Session which shall be the same not different Courts at the day of Judgment This considered what can be drawn from this text to maintain Purgatory I cannot imagine The sixth place is Luke 16. 9. Make yee friends of the unrighteous Mammon that when yee faile they may receive you into Everlasting Tabernacles This he alledges to prove Invocation of Saints departed But the sense is plain That we should make friends with our Riches of the Poore and thereby obtain their Prayers whilest they live He that giveth to the Poore lendeth to the Lord. The seventh is Luke 23. 42. Lord remember me when thou commest into thy Kingdome Therefore saith hee there is Remission of sins after this life But the consequence is not good Our Saviour then forgave him and at his comming againe in Glory will remember to raise him againe to Life Eternall The Eight is Acts 2. 24. where St. Peter saith of Christ that God had raised him up and loosed the Paines of Death because it was not possible he should be holden of it Which hee interprets to bee a descent of Christ into Purgatory to loose some Soules there from their torments whereas it is manifest that it was Christ that was loosed it was hee that could not bee holden of Death or the Grave and not the Souls in Purgatory But if that which Beza sayes in his notes on this place be well observed there is none that will not see that in stead of Paynes it should be Bands and then there is no further cause to seek for Purgatory in this Text. CHAP. XLV Of DAEMONOLOGY and other Reliques of the Religion of the Gentiles THe impression made on the organs of Sight by lucide Bodies either in one direct line or in many lines reflected from Opaque or refracted in the passage through Diaphanous Bodies produceth in living Creatures in whom God hath placed such Organs an Imagination of the Object from whence the Impression proceedeth which Imagination is called Sight and seemeth not to bee a meer Imagination but the Body it selfe without us in the same manner as when a man violently presseth his eye there appears to him a light without and before him which no man perceiveth but himselfe because there is indeed no such thing without him but onely a motion in the interiour organs pressing by resistance outward that makes him think so And the motion made by this pressure continuing after the object which caused it is removed is that we call Imagination and Memory and in sleep and sometimes in great distemper of the organs by Sicknesse or Violence a Dream of which things I have already spoken briefly in the second and third Chapters This nature of Sight having never been discovered by the ancient pretenders to Naturall Knowledge much lesse by those that consider not things so remote as that Kowledge is from their present use it was hard for men to conceive of those Images in the Fancy and in the Sense otherwise than of things really without us Which some because they vanish away they know not whither nor how will have to be absolutely Incorporeall that is to say Immateriall or Formes without Matter Colour and Figure without any coloured or figured Body and that they can put on Aiery bodies as a garment to make them Visible when they will to our bodily Eyes and others say are Bodies and living Creatures but made of Air or other more subtile and aethereall Matter which is then when they will be seen condensed But Both of them agree on one generall appellation of them DAEMONS As if the Dead of whom they Dreamed were not Inhabitants of their own Brain but of the Air or of Heaven or Hell not Phantasmes but Ghosts with just as much reason as if one should say he saw his own Ghost in a Looking-Glasse or the Ghosts of the Stars in a River or call the ordinary apparition of the Sun of the quantity of about a foot the Daemon or Ghost of that great Sun that enlighteneth the whole visible world And by that means have feared them as things of an unknown that is of an unlimited power to doe them good or harme and consequently given occasion to the Governours of the Heathen Common-wealths to regulate this their fear by establishing that DAEMONOLOGY in which the Poets as Principall Priests of the Heathen Religion were specially employed or reverenced to the Publique Peace and to the Obedience of Subjects necessary thereunto and to make some of them Good Daemons and others Evill the one as a Spurre to the Observance the other as Reines to withhold them from Violation of the Laws What kind of things they were to whom they attributed the name of Daemons appeareth partly in the Genealogie of their Gods written by Hesiod one of the most ancient Poets of the Graecians and partly in other Histories of which I have observed some few before in the 12. Chapter of this discourse The Graecians by their Colonies and Conquests communicated their Language and Writings into Asia Egypt and Italy and therein by necessary consequence their Daemonology or as St. Paul calles it their Doctrines of Devils And by that meanes the contagion was derived also to the Jewes both of Iudaea and Alexandria and other parts whereinto they were dispersed But the name of Daemon they did not as the Graecians attribute to Spirits both Good and Evill but to the Evill onely And to the Good Daemons they gave the name of the Spirit of God and esteemed those into whose bodies they entred to be Prophets In summe all singularity if Good they attributed to the Spirit of God and if Evill to some Daemon but a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 an Evill Daemon that is a Devill And therefore they called Daemoniaques that is possessed by the Devill such as we call Mad-men or Lunatiques or such as had
equally applicable to any difficulty whatsoever For the meaning of Eternity they will not have it to be an Endlesse Succession of Time for then they should not be able to render a reason how Gods Will and Praeordaining of things to come should not be before his Praescience of the same as the Efficient Cause before the Effect or Agent before the Action nor of many other their bold opinions concerning the Incomprehensible Nature of God But they will teach us that Eternity is the Standing still of the Present Time a Nunc-stans as the Schools call it which neither they nor any else understand no more than they would a Hic-stans for an Infinite greatnesse of Place And whereas men divide a Body in their thought by numbring parts of it and in numbring those parts number also the parts of the Place it filled it cannot be but in making many parts wee make also many places of those parts whereby there cannot bee conceived in the mind of any man more or fewer parts than there are places for yet they will have us beleeve that by the Almighty power of God one body may be at one and the same time in many places and many bodies at one and the same time in one place as if it were an acknowledgment of the Divine Power to say that which is is not or that which has been has not been And these are but a small part of the Incongruities they are forced to from their disputing Philosophically in stead of admiring and adoring of the Divine and Incomprehensible Nature whose Attributes cannot signifie what he is but ought to signifie our desire to honour him with the best Appellations we can think on But they that venture to reason of his Nature from these Attributes of Honour losing their understanding in the very first attempt fall from one Inconvenience into another without end and without number in the same manner as when a man ignorant of the Ceremonies of Court comming into the presence of a greater Person than he is used to speak to and stumbling at his entrance to save himselfe from falling le ts slip his Cloake to recover his Cloake le ts fall his Hat and with one disorder after another discovers his astonishment and rusticity Then for Physiques that is the knowledge of the subordinate and secundary causes of naturall events they render none at all but empty words If you desire to know why some kind of bodies sink naturally downwards toward the Earth and others goe naturally from it The Schools will tell you out of Aristotle that the bodies that sink downwards are Heavy and that this Heavinesse is it that causes them to descend But if you ask what they mean by Heavinesse they will define it to bee an endeavour to goe to the center of the Earth so that the cause why things sink downward is an Endeavour to be below which is as much as to say that bodies descend or ascend because they doe Or they will tell you the center of the Earth is the place of Rest and Conservation for Heavy things and therefore they endeavour to be there As if Stones and Metalls had a desire or could discern the place they would bee at as Man does or loved Rest as Man does not or that a peece of Glasse were lesse safe in the Window than falling into the Street If we would know why the same Body seems greater without adding to it one time than another they say when it seems lesse it is Condensed when greater Rarefied What is that Condensed and Rarefied Condensed is when there is in the very same Matter lesse Quantity than before and Rarefied when more As if there could be Matter that had not some determined Quantity when Quantity is nothing else but the Determination of Matter that is to say of Body by which we say one Body is greater or lesser than another by thus or thus much Or as if a Body were made without any Quantity at all and that afterwards more or lesse were put into it according as it is intended the Body should be more or lesse Dense For the cause of the Soule of Man they say Creatur Infundendo and Creando Infunditur that is It is Created by Powring it in and Powred in by Creation For the Cause of Sense an ubiquity of Species that is of the Shews or Apparitions of objects which when they be Apparitions to the Eye is Sight when to the Eare Hearing to the Palate Tast to the Nostrill Smelling and to the rest of the Body Feeling For cause of the Will to doe any particular action which is called Volitio they assign the Faculty that is to say the Capacity in generall that men have to will sometimes one thing sometimes another which is called Voluntas making the Power the cause of the Act As if one should assign for cause of the good or evill Acts of men their Ability to doe them And in many occasions they put for cause of Naturall events their own Ignorance but disguised in other words As when they say Fortune is the cause of things contingent that is of things whereof they know no cause And as when they attribute many Effects to occult qualities that is qualities not known to them and therefore also as they thinke to no Man else And to Sympathy Antipathy Antiperistasis Specificall Qualities and other like Termes which signifie neither the Agent that produceth them nor the Operation by which they are produced If such Metaphysiques and Physiques as this be not Vain Philosophy there was never any nor needed St. Paul to give us warning to avoid it And for their Morall and Civill Philosophy it hath the same or greater absurdities If a man doe an action of Injustice that is to say an action contrary to the Law God they say is the prime cause of the Law and also the prime cause of that and all other Actions but no cause at all of the Injustice which is the Inconformity of the Action to the Law This is Vain Philosophy A man might as well say that one man maketh both a streight line and a crooked and another maketh their Incongruity And such is the Philosophy of all men that resolve of their Conclusions before they know their Premises pretending to comprehend that which is Incomprehensible and of Attributes of Honour to make Attributes of Nature as this distinction was made to maintain the Doctrine of Free-Will that is of a Will of man not subject to the Will of God Aristotle and other Heathen Philosophers define Good and Evill by the Appetite of men and well enough as long as we consider them governed every one by his own Law For in the condition of men that have no other Law but their own Appetites there can be no generall Rule of Good and Evill Actions But in a Common-wealth this measure is false Not the Appetite of Private men but
for the future but also an Approbation of all their actions past when there is scarce a Common-wealth in the world whose beginnings can in conscience be justified And because the name of Tyranny signifieth nothing more nor lesse than the name of Soveraignty be it in one or many men saving that they that use the former word are understood to bee angry with them they call Tyrants I think the toleration of a professed hatred of Tyranny is a Toleration of hatred to Common-wealth in generall and another evill seed not differing much from the former For to the Justification of the Cause of a Conqueror the Reproach of the Cause of the Conquered is for the most part necessary but neither of them necessary for the Obligation of the Conquered And thus much I have thought fit to say upon the Review of the first and second part of this Discourse In the 35. Chapter I have sufficiently declared out of the Scripture that in the Common-wealth of the Jewes God himselfe was made the Soveraign by Pact with the People who were therefore called his Peculiar People to distinguish them from the rest of the world over whom God reigned not by their Consent but by his own Power And that in this Kingdome Moses was Gods Lieutenant on Earth and that it was he that told them what Laws God appointed them to be ruled by But I have omitted to set down who were the Officers appointed to doe Execution especially in Capitall Punishments not then thinking it a matter of so necessary consideration as I find it since Wee know that generally in all Common-wealths the Execution of Corporeall Punishments was either put upon the Guards or other Souldiers of the Soveraign Power or given to those in whom want of means contempt of honour and hardnesse of heart concurred to make them sue for such an Office But amongst the Israelites it was a Positive Law of God their Soveraign that he that was convicted of a capitall Crime should be stoned to death by the People and that the Witnesses should cast the first Stone and after the Witnesses then the rest of the People This was a Law that designed who were to be the Executioners but not that any one should throw a Stone at him before Conviction and Sentence where the Congregation was Judge The Witnesses were neverthelesse to be heard before they proceeded to Execution unlesse the Fact were committed in the presence of the Congregation it self or in sight of the lawfull Judges for then there needed no other Witnesses but the Judges themselves Neverthelesse this manner of proceeding being not throughly understood hath given occasion to a dangerous opinion that any man may kill another in some cases by a Right of Zeal as if the Executions done upon Offenders in the Kingdome of God in old time proceeded not from the Soveraign Command but from the Authority of Private Zeal which if we consider the texts that seem to favour it is quite contrary First where the Levites fell upon the People that had made and worshipped the Golden Calfe and slew three thousand of them it was by the Commandement of Moses from the mouth of God as is manifest Exod. 32. 27. And when the Son of a woman of Israel had blasphemed God they that heard it did not kill him but brought him before Moses who put him under custody till God should give Sentence against him as appears Levit. 25. 11 12. Again Numbers 25. 6 7. when Phinehas killed Zimri and Cosbi it was not by right of Private Zeale Their Crime was committed in the sight of the Assembly there needed no Witnesse the Law was known and he the heir apparent to the Soveraignty and which is the principall point the Lawfulnesse of his Act depended wholly upon a subsequent Ratification by Moses whereof he had no cause to doubt And this Presumption of a future Ratification is sometimes necessary to the safety a Common-wealth as in a sudden Rebellion any man that can suppresse it by his own Power in the Countrey where it begins without expresse Law or Commission may lawfully doe it and provide to have it Ratified or Pardoned whilest it is in doing or after it is done Also Numb 35. 30. it is expressely said Whosoever shall kill the Murtherer shall kill him upon the word of Witnesses but Witnesses suppose a formall Judicature and consequently condemn that pretence of Ius Zelotarum The Law of Moses concerning him that enticeth to Idolatry that is to say in the Kingdome of God to a renouncing of his Allegiance Deut. 13. 8. forbids to conceal him and commands the Accuser to cause him to be put to death and to cast the first stone at him but not to kill him before he be Condemned And Deut. 17. ver 4 5 6. the Processe against Idolatry is exactly set down For God there speaketh to the People as Judge and commandeth them when a man is Accused of Idolatry to Enquire diligently of the Fact and finding it true then to Stone him but still the hand of the Witnesse throweth the first stone This is not Private Zeale but Publique Condemnation In like manner when a Father hath a rebellious Son the Law is Deut. 21. 18. that he shall bring him before the Judges of the Town and all the people of the Town shall Stone him Lastly by pretence of these Laws it was that St. Steven was Stoned and not by pretence of Private Zeal for before hee was carried away to Execution he had Pleaded his Cause before the High Priest There is nothing in all this nor in any other part of the Bible to countenance Executions by Private Zeal which being oftentimes but a conjunction of Ignorance and Passion is against both the Justice and Peace of a Common-wealth In the 36. Chapter I have said that it is not declared in what manner God spake supernaturally to Moses Not that he spake not to him sometimes by Dreams and Visions and by a supernaturall Voice as to other Prophets For the manner how he spake unto him from the Mercy-Seat is expressely set down Numbers 7. 89. in these words From that time forward when Moses entred into the Tabernacle of the Congregation to speak with God he heard a Voice which spake unto him from over the Mercy-Seate which is over the Arke of the Testimony from between the Cherubins he spake unto him But it is not declared in what consisted the praeeminence of the manner of Gods speaking to Moses above that of his speaking to other Prophets as to Samuel and to Abraham to whom he also spake by a Voice that is by Vision Unlesse the difference consist in the cleernesse of the Vision For Face to Face and Mouth to Mouth cannot be literally understood of the Infinitenesse and Incomprehensibility of the Divine Nature And as to the whole Doctrine I see not yet but the Principles of it are true and proper and the Ratiocination solid For I ground the Civill Right
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
â—…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 Succâ—…ssim Succession passeth by expresse Words Or by not controlling a Custome Or by presumption of naturall affecâ—… 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 Insâ—…on The Rights of Soveraignty the same in both Dominion Paternall how attained Not by Gâ—…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 Oecoâ—…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 whaâ—… Differences between Command and Counsell Exhortation and Dehortation what Differennceâ—… 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 Lâ—…tleton Lib. 2. Ch. 6. 〈◊〉 97. b. Law made â—…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 Lawâ—… need Interpretation The Aâ—…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 FrieÌ„ds 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 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