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A43978 De corpore politico, or, The elements of law, moral and politick with discourses upon severall heads, as of [brace] the law of nature, oathes and covenants, several kinds of government : with the changes and revolutions of them / by Tho. Hobbs of Malmsbury. Hobbes, Thomas, 1588-1679. 1652 (1652) Wing H2221; ESTC R41339 83,707 190

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Assemblies as those must be whereinto every man may enter at his pleasure there is no means any waies to deliberate and give Councel what to do but by long and set Orations whereby to every man there is more or less hope given to incline sway the Assembly to their own Ends In a multitude of speakers therefore where alwaies either one is eminent alone or a few being equal amongst themselvs are eminent above the rest that one or few must of necessity sway the whole Insomuch that a Democracy in effect is no more then an Aristocracy of Orators interrupted sometimes with the temporary Monarchy of one Orator 6. And seeing a Democracy is by Institution the beginning both of Aristocracy and Monarchy we are to consider next how Aristocracy is derived from it When the particular Members of the Common Wealth growing weary of attendance at publick Courts as dwelling far off or being attentive to their private Businesses and withall displeased with the Government of the People assemble themselves to make an Aristocracy there is no more required to the making thereof but putting to the Question one by one the Names of such men as it shall consist of and assenting to their Election and by plurality of Vote to transfer that power which before the People had to the number of men so named and chosen 7. And from this manner of erecting an Aristocracy it is manifest that the Few or Optimates have entred into no Covenant with any of the particular Members of the Common VVealth wherof they are Soveraign and consequently cannot do any thing to any private man that can be called Injury to him howsoever their act be wicked before Almighty God according to that which hath been sayd before Sect ● Farther it is impossible that the People as one Body Politick should covenant with the Aristocracy or Optimates on whom they intend to transfer their Soveraignty For no sooner is the Aristocracy erected but the Democracy is annihilated and the Covenants made unto them void 8. In all Aristocracies the Admission of such as are from time to time to have Vote in the soveraign assembly dependeth on the Will and Decree of the present Optimates For they being the Soveraign have the nomination by the 11. Section of the former Chapter of all Magistrates Ministers and Counsellors of State whatsoever and may therefore chuse either to make them elective or hereditary at their pleasure 9. Out of the same Democracy the Institution of a Political Monarch proceedeth in the same manner as did the Institutio● of the Aristocracy to wit by a Decree of the Soveraign People to passe the Soveraignty to One Man named and approved by Plurality of Suffrage And if this Soveraignty be truly and indeed transferred the Estate or Common-Wealth is an absolute Monarchy wherein the Monarch is at liberty to dispos● as well of the Succession as of the Possession and not an Elective Kingdome For suppos● a Decree be made first in this manner Tha● such a One shal have the Soveraignty for hi● life and that afterward they will chuse a new In this Case the Power of the People is dissolved or not if dissolved then after the Death of him that is chosen there is no man bound to stand to the Decrees of them that shall as Private men run together to make a new Election and consequently if there be any man who by the advantage of the Raign of Him that is dead have strength enough to hold the multitude in Peace and Obedience he may lawfully or rather is by the Law of Nature obliged so to do if this power of the people were not dissolved at the chusing of their King for life then is the people Soveraign still and the King a Minister thereof only but so as to put the whole Soveraignty in Execution A Great Minister but no otherwise for his time then a Dictator was in Rome In this case at the death of him that was chosen they that meet for a new Election have no new but their old Authority for the same For they were the Soveraign all the time as appeareth by the Acts of those Elective Kings that have procured from the People that their children might succeed them For it is to be understood when a man receiveth any thing from the Authority of the people he receiveth it not from the People his Subiects but from the people his Soveraign And farther though in the Election of a King for his life the People grant him the Exercise of their Soveraignty for that time Yet if they see cause they may recall the same before the Time As a Prince that conferreth an Office for life may nevertheless upon suspition of Abuse thereof recall it at his pleasure in as much as Offices that require lobour and care are understood to passe from him that giveth them as Onera Burthens to them that have them the recalling whereof are therefore not Injury but Favour Nevertheless if in making an Elective King with Intention to reserve the Soveraignty they reserve not a Power at certaine known and determined times and places to assemble themselves the reservation of their Soveraignty is of no effect in as much as no man is bound to stand to the Decrees and Determinations of those that assemble themselves without the Soveraign Authortiy 10. In the former Section is shewed that elective Kings that exercise their Soveraignty for a Time which determines with their Life either are Subjects or not Soveraigns And that it is when the people in Election of them reserve unto themselves the right of Assembling at certaine times and places limited and made known Or else Absolute Soveraigns to dispose of the Succession at their Pleasure and that is when the people in their Election have declared no time nor place of their meeting or have left it to the power of the Elected King to assemble and dissolve them at such times as he himselfe shall think good There is another kind of Limitation of time to him that shal be elected to use the Soveraign Power which whether it hath been practised anywhere or not I know not but it may be imagined and hath been obiected against the Rigor of Soveraign Power and it is this that the People transfer their Soveraignty upon Conditions As for Example for so long as he shall observe such and such Lawes as they then prescribe him And here as before in elected Kings the Question is to be made whether in the Electing of such a Soveraign they reserved to themselves a right of Assembling at times and places limited and known or not if not then is the Soveraignty of the People dissolved and have neither power to iudge of the Breach of the Conditions given him nor to command any Forces for the Deposing of him whom on that Condition they had set up but are in the Estate of war amongst themselves as they were before they made themselves a Democracy and consequently
it shall not be so amongst you but whosoever will be greatest among you let him be your servant And Matth. 23.11 He that is greatest among you let him be your Servant And a little before vers. 8. Be not called Rabbi for one is your Doctor Christ and all ye are Brethren And Act. 1. in the chusing of Matthias to be an Apostle though S. Peter used the part of a Prolocutor yet did no man take upon him the Authority of Election but referred the same to Lot 5. Again Moses had the command of God Num. 11.16 Gather to me seventy men of the Elders of Israel whom thou knowest that they are the Elders of the People and Governors over them and bring them unto the Tabernacle c. And Moses did accordingly vers 24. And these were chosen to help Moses in bearing the burthen of the Government as appeareth vers. 17. of the same Chapter And as the Twelve Princes of the Tribes were according to the number of Jacobs Children so were the seventy Elders according to the number of the persons that went down with Jacob into Egypt In like manner our Saviour in his Kingdome of Heaven the Church out of the whole number of those that believed in him ordained seventy Persons which peculiarly were called the seventy Disciples to whom he gave power to preach the Gospel and Baptize 6. In our Saviours time therefore the Hierarchy of the Church consisted besides Himself that was the Head of Twelve Apostles who were equal amongst themselves but ordained over others as were the twelve Heads of the Tribes or seventy Disciples who had every one of them power to Baptize and Teach and help to govern the whole Flock 7. And whereas in the Common Wealth instituted by Moses there was not only an High Priest for the present but also a Succession and Order of Priest it may be demanded Why our Saviour Christ did not ordain the like To which may be answered That the High Priesthood for as much as concerneth the Authority thereof was in the Person of Christ as he was Christ that is King So also was it in Moses Aaron having the Ministerial part only For notwithstanding that Aaron was the High Priest yet the consecration of him belonged to Moses Exod. 29.1 All the Utensils of sacrifice and other holy Things were ordered by Moses and in sum the whole Levitical Law was delivered by God by the hand of Moses who was to Aaron a God and Aaron to him a Mouth And for the Ministerial part there could no High Priest be ordained but himself for seeing our Saviour was himself the Sacrifice who but himself could offer him up And for the celebration of that sacrifice for ever after our Saviour annexed the Priest-hood to those whom he had appointed to govern in the Church 8. After the ascension of our Saviour the Apostles dispersed themselves for the spreading of the Gospel and continually as they converted any number of men in any city or region to the Faith they chose out such as they thought fittest to direct them in matter of conversation and life according to Christs law and to explicate unto them that Mysterie of Christ come in the flesh that is to say to unfold unto them at large the office of the Messiah And of those Elders some were subordinate to others according as the Apostles who ordained them thought meet so S. Paul gave power unto Titus to ordain Elders in Crete to redress things that were amiss So that Titus was an Elder ordained Elders Tit. 1.5 For this cause I left thee in Creet that thou shouldest continue to redress the things that remain ordain Elders in every City where the word is {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} that is constitute whereby it appeareth that in the Apostles times one Elder had authority over another to ordain and rule them For 1 Tim. 5.16 Timothy an Elder is made iudg of accusations against other Elders And Act. 14.23 The Disciples are said to ordain Elders for all the congregations of the cities they had preached in And though the word there be {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} yet it signifieth not election by holding up of hands but simply and absolutely Ordination For the ordinary chusing of Magistrates amongst the Grecians which were all either popularly governed or else by Oligarehy being performed by holding up of hands made that word be taken simply for an Election or Ordination howsoever made And thus in the Primitive Church the Hierarchy of the Church was Apostles Elders that governed other Elders and Elders that ruled not but their office was to preach to administer the Sacraments to offer up prayers and thanksgiving in the name of the People But at that time there appeared no distinction between the names of Bishop and Elder But immediatly after the Apostles time the word Bishop was taken to signifie such an Elder as had the government of Elders and other Elders were called by the name of Priests which signifieth the same that Elder doth And thus the Government of Bishops hath a Divine pattern in the twelve Rulers and seventy Elders of Israel in the twelve Apostles and seventy Disciples of our Saviour in the ruling Elders and not Ruling-Elders in the time of the Apostles 9. And thus much of the Magistrates over Christs Flock in the primitive Church For the office of a Minister or Ministress was to be subiect to the Flock and to serve them in those things which appertained to their temporal business The next thing to be considered is the Authority which our Saviour gave to them either over those whom they had converted or those whom they were about to convert And for these latter which as yet were without the Church the authority which our Saviour gave to his Apostles was no more but this To preach unto them that Jesus was the Christ and to explicate the same in all points that concern the Kingdome of Heaven and to perswade men to embrace our Saviours Doctrine but by no meanes to compel any man to be subiect to them for seeing the Lawes of the Kingdom of Heaven as hath been shewed Par. 1. chap. 5. Sect. 10. are dictated to the conscience onely which is not subiect to compulsion and constraint it was not congruent to the style of the King of Heaven to constrain men to submit their actions to him but to advise them only nor for him that professeth the Sum of his law to be love to extort any duty from us with feare of temporall punishment And therefore as the mighty men in the world that hold others in subiection by force are called in Scripture by the name of hunters so our Saviour calleth those whom he appointed to draw the world unto him by subduing their affections Fishers And therefore he saith to Peter and Andrew Math 4.19 Follow me and I will make yee fishers of men And Luke 10.3 Behol● saith Christ I send yee
forth as Lambs amongst Wolves And it were to no end to give them the right of compelling without strengthing the same with greater power then of Lambs amongst Wolves Moreover Math 10. where our Saviour giveth a commission to his twelve Apostles to go forth and convert the Nations to the Faith he giveth them no authority of Coercion and punishment but only saith vers. 14. Whosoever shall not receive you nor hear your words when ye depart out of that house or that City shake off the dust of your fee It shall be easier for the land of Sodome and Gomorrah in the day of Judgmemt then for that city Whereby it is manifest that all that the Apostles could do by their authority was no more than to renounce communion with them and leave their punishment to God Almighty in the day of Judgement Likewise the comparisons of the Kingdom of Heaven to the seed Math 13.3 and to the Leven Math 13.33 doth intimate unto us that the increase thereof ought to proceed from internall operation of Gods Word preached and not from any Law or compulsion of them that preach it Moreover our Saviour himselfe saith Joh. 18.36 That his Kingdome is not of this World and consequently his Magistrates derive not from him any authority of punishing men in this World And therefore also Math 26.52 After S. Peter had drawn his sword in his defence our Saviour saith Put up thy sword into his place For all that take the sword shall perish by the sword And vers. 54. How then shal the Scriptures be fullfilled which say that it must be so shewing out of the Scriptures that the Kingdome of Christ was not to be defended by the sword 10. But concerning the authority of the Apostles or Bishops over those who were all-ready converted and within the Church ●here be that think it greater then over them ●ithout For some have said Though the Law of Christ deprive no Prince of his Dominion and Paul did rightly appeal unto Cesar whilst Kings were ●nfidells and out of the Church yet when they became Christians and of their own accord under went the Lawes of the Gospel presently as sheep to a shepherd and as Members to the Head they became subiect to the Prelate of the Ecclesiastical Hierarchy Bell. Lib. De Rom. Pont. Chap. 29. which whether it be true or not is to be considered by that light which we have from the holy Scripture concerning the power of our Saviour and his Apostles over such as they had converted But our Saviour as he imitated the common-wealth of the Jewes in his Magistrates the twelve and the seventy so did he also in the Censure of the Church which was Excommunication but amongst the Jews the Church did put the Excommunicated persons from the Congregation which they might do by their Power Temporall but our Saviour and his Apostles who took upon them no such Power could not forbid the Excommunicated person to enter into any place and Congregation into which he was permitted to enter by the Prince or Soveraign of the place For that had been to deprive the Soveraign of his Authority And therefore the Excommunication of a Person subject to an Earthly power was but a Declaration of the Church which did excommunicate that the person so excommunicated was to be reputed still as an Infidell but not to be driven by their Authority out of any company he might otherwise lawfully come into And this is it our Saviour saith Math. 18.17 If he refuse to hear the Church let him be unto thee as an heathen man and a Publican So that the whol effect of excommunicating a Christan Prince is no more then he or they that so excommunicate him depart and banish themselves out of his Dominion Nor can they thereupon discharge any of his subjects of their obedience to him for that were to deprive him of his Dominion which they may not do for being out of the Church It is confessed by them that make this objection and proved in the former Section that our Saviour gave no Authority to his Apostles to be judges over them And therefore in no case can the Soveraign power of a Common-wealth be subject to any Authority Ecclesiasticall besides that of Christ himselfe And though he be informed concerning the Kingdome of Heaven and subiect himselfe thereto at the perswasions of persons Ecclesiasticall yet is he not thereby subiect to their Goverment and Rule For if it were by their Authority he took that Yoke upon him and not by their Perswasion then by the same Authority he might cast it off But this is unlawfull For i● all the Churches in the World should renounce the Christian Faith yet is not this sufficient Authority for any of the Members to do the same It is manifest therefore that they who have Soveraign Power are Immediate Rulers of the Church under Christ and all other but subordinate to them If that were not but Kings should command one thing upon pain of Death and Priests another upon pain of Damnation it would be impossible that Peace and Religion should stand together 11. And therefore there is no iust Cause for any man to withdraw his Obedience from the Soveraign State upon pretence that Christ had ordained any State Ecclesiasticall above it And though Kings take not upon them the Ministeriall Priesthood yet are they not so meerly Laick as not to have Sacerdotall Jurisdiction To conclude this Chapter Since God speaketh not in these Dayes to any man by his private Interpretation of the Scriptures nor by the Interpretation of any Power above or not depending on the Soveraign Power of every Common Wealth it remaineth that he speaketh by his Vice-Gods or Lievtenants here on Earth that is to say by Soveraign Kings or such as have Soveraign Authority as well as they CHAP. VIII 1. The things that dispose to Rebellion Discontent Pretence and hope of Successe 2. Discontent that disposeth to Sedition consisteth partly in fear of Want or punishment 3. Partly in Ambition 4. Six heads of pretences to Rebellion 5. The first of them That men ought to do nothing against Conscience confuted 6. The second That Soveraigns are subiect to their own Lawes confuted 7. The third That the Soveraignty is divisible confuted 8. The fourth That Subiects have a Propertye distinct from the Dominion of the Soveraign confuted 9. The fift That the People is a Person distinct from the Soveraign confuted 10. The sixt That tirannicide is lawfull confuted 11. Foure Heads of Hope of successe in Rebellion 12. Two things necessary to an Author of Rebellion much Eloquence and little Wisdome 13. That the Authors of Rebellion necessarily are to be men of little Wisdome 14. That the same are necessarily Eloquent 15. In what manner they concur to their common Effects HItherto of the Causes why and the Manner how men have made Common Wealths In this Chapter I shall shew breifly by what causes and in what manner they