performe is taken for the Performance 11. Amongst the Lawes of Nature Customes and Prescriptions are not numbred For whatsoever Action is against Reason though it be reiterated never so often or that there be never so many Precedents thereof is still against Reason and therefore not a Law of Nature but contrary to it But consent and Covenant may so alter the Cases which in the Law of Nature may be put by changing the Circumstances that that which was Reason before may afterwards be against it and yet is Reason still the Law For though every man be bound to allow equally to another yet if that other shall see cause to renounce the same make himself inferior then if from thenceforth he consider him as inferior he breaketh not thereby that Law of Nature that commandeth to allowâ— Equallity In sum A mans owne Consâ—nt may abridge him of the liberty which the Law of Nature leaveth him but custome not nor can either of them abrogate either these or any other Law of Nature 12. And forasmuch as Law to speake properly is a Command and these Dictates as they proceed from Nature are not Commands they are not therefore called Laws in respect of Nature but in respect of the Author of Nature God Almighty 13. And seeing the Laws of Nature concern the Conscience not he only breaketh them that doth any Action contrary but also he whose action is conformable to them in case he think it contrary For though the Action chance to be right yet in his Judgment he despiseth the Law 14. Every man by naturall passion calleth that Good which pleaseth him for the present or so far forth as he can foresee and in like manner that which displeaseth him Evil And therefore he that foreseeth the whole way to his Proservation which is the End that every one by nature aymeth at must also call it good and the contrary evil And this is that Good and Evil which not every man in passion calleth so but all men by Reason And therefore the fulfilling of all these Laws is Good in Reason and the breaking of them Evill And so also the habit or disposition or intention to fulfill them Good and the Neglect of them Evill And from hence cometh that Distinction of Malum Poenâ— and Malum Culpae for Malum Pâ—nâ— is any pain or molestation of the Mind whatsoever but Malum Culpae is that action which is contrary to Reason and the Law of Nature As also the habit of doing according to these and other Laws of Nature that tend to our preservation is that wee call Virtue and the Habit of doing the contrary Vice As for Example Justice is that Habit by which we stand to Covenants Iniustice the contrary Vice Equity that Habit by which we allow Equality of Nature Arrogancy the contrary Vice Gratitude the Habit whereby we requite the Benefit and trust of others Ingratitude the contrary Vice Temperance the Habit by which wee abstain from all things that tend to our Destruction Intemperance the contrary Vice Prudence the same with Virtue in general As for the common opinâ—on that Virtue consisteth in Mediocrity and Vice in extreames I see no ground for it nor can find any such Mediocrity Courage may be Virtue when the Daring is Extream if the Cause be Good and extream fear no Vice when the danger is Extream To give a man more then his Due is no iniustice though it be to give him less and in Gifts it is not the sum that maketh liberality but the reason And so in all other Virtues and Vices I know that this Doctrine of Mediocrity is Aristole's but â—is Opinions concerning Virtue and Vice are no other then those which were received then and are still by the generality of men unstudyed and therefore not very likely to be accurate 15. The Sum of Virtue is to be Sociable with them that will be Socâ—able and Formidable to them that will not And the same is the Sum of the Law of Nature For in being Sociable the Law of Nature taketh place by the way of Peace and Societie and to be Formidable is the Law of Nature in War where to be feared is a Protection a man hath from his own Power and as the â—ormer consisteth in Actions of Equity and Justice the latter consisteth in Actions of Honour And Equity Justice and Honour contain all virtues whatsoever CHAP. V. A Confirmation out of holy Scripture of the principall points mentioned in the two last Chapters concerning the Law of Nature THe Lawes mentioned in the former Chapters as they are called the Lawes of Nature for that they are the Dictates of Naturall Reason and also Morall Lawes because they concern the Manners and Conversation one towards another so are they also Divine Lawes in respect of the Author thereof God Almighty and ought therefore to agree or at least not to be Repugnant to the Word of God revealed in Holy Scripture In this Chapter therefore I shall produce such places of Scripture as appear to be most consonant to the said Lawes 2. And first the Word of God seemeth to place the Divine Law in Reason by all such Texts as ascribe the same to the Heart and understanding as Psal. 40.8 Thy Law is in my Heart Heb. 8.10 After those Dayes saith the Lord I will put my Lawes in their Mind And Heb. 10.16 The same Psal. 37.31 speaking of the Righteous man he saith The Law of God in his Heart Psal. 19.7 8. The Law of God is perfect converting the soul It giveth Wisdome to the simple and light unto the eyes Jer. 31.33 I will put my Law in their inward parts and write it in their Hearts And Joh. 1. The Law-giver Himself God Almighty is called by the Name of {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} which is also called ver. 4. The Light of men And vers. 9. The light which lighteth every man which cometh inâ—o the World All which are Descriptions of Naturall Reason 3. And that the Law Divine for so much as is Morall are those Precepts which tend to Peace seemeth to be much confirmed by such places of Scripture as these Rom 3.17 Righteousnesse which is the fufilling of the Law is called The way of Peace And Psa. 85.10 Righteousness and Peace shall kiss each other And Matth. 5.9 Blessed are the Peacemakers And Heb. 7.2 Melchisedeck King of Salem is interpreted King of Righteousness and King of Peace And ver. 21. Our Saviour Christ is said to be a Preist for ever after the order of Mâ—lchisedeck Out of which may be inferred that the Doctrine of our Saviour Christ annexeth the Fulfilling of the Law to peace 4. That the Law of Nature is unalterable is intimated by this that the Preisthood of Melchisedeck is everlasting and by the Words of our Saviour Matth. 5.18 Heaven and Earth shall passe away but one jot or tittle of the Law shall not passe till all things be fulfilled 5. That Men ought
before in the two last Chapters For from thence cometh the Right of soveraigns over their Subjects in a Common Wealth Institutive Concerning the second Title which is when a man submitteth to an Assailant for fear of Death thereby accrueth a Right of Dominion For where every man as it happeneth in this case hath Right to all things there needs no more for the making of the said Right effectual but a Covenant from him that is overcome not to resist him that overcometh And thus cometh the victor to have right of absolute Dominion over the conquered By which there is presently constituted a little Body politick which consisteth of two Persons the one Soveraign which is called the Master or Lord the other subiect which is called the Servant And when a man hath acquired right over a number of Servants so considerable as they cannot by their Neighbours be securely invaded this Body politick is a Kingdome Despotical 3. And it is to be understood that when a Servant taken in the VVars is kept bound in natural Bonds and Chaines and the like or in prison there hath passed no covenant from the Servant to his Master For those natural Bonds have no need of strengthening by the verbal Bonds of Covenant and they shew that the Servant is not trusted But Covenant Part 1. Chap. 15. Sect. 9. supposeth Trust There remaineth therefore in the Servant thus kept bound or in Prison a Right of delivering himself if he can by what means soever This kind of Servant is that which ordinarily and without passion is called a Slave The Romanes had no such distinct name but comprehended all under the name of Servus whereof such as they loved and durst trust were suffered to go at liberty and admitted to places of Office both neer to their Persons in their affaires abroad the rest were kept chained or otherwise restrained with natural impediments to their Resistance And as it was amongst the Romanes so it was amongst other Nations the former sort having no other Bond but a supposed Covenant without which the Master had no reason to trust them the later being without Covenant and no otherwise tyed to Obedience but by Chains or other like forcible custody 4. A Master therefore is to be supposed to have no less right over those whose Bodies he leaveth at Liberty then over those he keepeth in Bonds and Imprisonment and hath absolute Dominion over both and may say of his servant that he is his as he may of any other thing And whatsoever the servant had and might call his is now the Master's for he that disposeth of the Person disposeth of all the person could dispose of insomuch as though there be Meum Tuum among servants distinct from one another by the dispensation and for the benefit of their Master yet there is no Meum Tuum belonging to any of them against the Master himselfe whom they are not to resist but to obey all his Commands as Law 5. And seeing both the Servant and all that is committed to him is the property of the Master and every man may dispose of his own and transfer the same at his pleasure the Master may therefore alienate his Dominion over them or give the same by his last Will to whom he list 6. And if it happen that the Master himself by Captivity or voluntary subjection become servant to another then is that other Master Paramount those servants of him that becometh servant are no farther obliged then their Master Paramount shall think good forasmuch as he disposing of the Master subordinate disposeth of all he hath and consequently of his servants So that the restriction of absolute Power in Masters proceedeth not from the Law of Nature but from the Political Law of him that is their Master Supream or Soveraign 7. Servants immediate to the supream Master are discharged of their servitude or subiection in the same manner that subiects are released of their Allegiance in a Common Wealth Institutive As first by Release For he that captiveth which is done by accepting what the captive transferreth to him setteth again at lâ—berty by transferring back the same And this kinde of Release is called Manumission Secondly by Exile For that is no more but Manumission given to a Servant not in the way Benefit but punishment Thirdly By a new Captivity where the Servant having done his Endeavour to defend himself hath thereby performed his Covenant to his former Master and for the safety of his life entring into new Covenant with the Conquerour is bound to doe his best endeavour to keep that likewise Fourthly Ignorance of who is Successor to his diceased Master dischargeth him of Obedience for no Covenant holdeth longer then a man knoweth to whom he is to perform it And lastly that Servant that is no longer trusted but committed to his Chains and Custody is thereby discharged of the Obligation in foro interno and therefore if he can get loose may lawfully goe his way 8. But servants subordinate though manumitted by their immediate Lord are not thereby discharged of their subiection to their Lord Paramount for the Immediate Master hath no propertie in them having transferred his Right before to another namely to his own and supream Master Nor if the chief Lord should manumit his immediate servant doth he thereby release his servants of their Obligation to him that is so manumitted For by this Manumission he recovereth again the absolute Dominion he had over them before For after a Release which is the discharge of a Covenant the Right standeth as it did before the Covenant was made 9. This Right of Conquest as it maketh one man master over another so also maketh it a man to be master of the irrational Creatures For if a man in the state of Nature be in Hostility with men and thereby have lawful Title to subdue or kill according as his owne Conscience and Discretion shall suggest unto him for his safety and Benefit much more may he doe the same to Beasts that is to say save and preserve for his own service according to his Discretion such as are of Nature apt to obey and commodious for use and to kill and destroy with perpetual War all other as fierce and noysome to him And this Dominion is therefore of the Law of Nature and not of the Divine Law Positive For if there had been no such Right before the revealing of Gods Will in the Scripture then should no man to whom the Scripture hath not come have right to make use of those his Creatures either for his Food or sustenance And it were a hard Condition of mankind that a fierce and salvage Beast should with more right kill a man then a man a Beast CHAP. IV. 1. The Dominion over the Child c. 2. Preheminence of Sex giveth not the Child to the Father rather then to the Mother 3. The Title of the Father or Mother c. 4.
declared out of the Holy Scriptures as matter of Faith but the Belief of those Fundamental Articles before set forth neverthelesse there are required other things as matter of obedience For as it is not enough in Temporal Kingdoms to avoid the punishment which Kings may inflict to acknowledge the Right and Title of the King without Obedience also to his Laws So also it is not enough to acknowledge our Saviour Christ to be the King of Heaven in which consisteth Christian Faith unless also we endeavour to obey his Lawes which are the Lawes of the Kingdome of Heaven in which consisteth Christian Obedience And forasmuch as the Laws of the Kingdom of Heaven are the Laws of Nature as hath been shewed Part. 1. Chap. 5. not only Faith but also the Observation of the Law of Nature which is that for which a man is called Just or Righteous in that sense in which Justice is taken not for the Absence of Guilt but for the Endeavor and constant Will to do that which is Just not only Faith but this Justice which also from the effect thereof is called Repentance and sometimes Works is necessary to salvation So that Faith and Justice do both concur thereto and in the several acceptation of this word Justification are properly said both of them to justifie and the want of either of them is properly said to condemn For not only he that resisteth a King upon doubt of his Titlâ— but also he that doth it upon the inordinatenesse of his Passions deserveth punishment And when Faith and Works are separated not only the Faith is called Dead without Works but also Works are called Dead Works without Faith And therefore S. James Chap. 2.17 saith Even so the Faith if it have no works is dead in it self and vers. 26. For as the Body without the Spirit is dead even so Faith without works is dead And S. Paul Heb. 6.1 calleth Works without Faith Dead Works where he saith Not laying again the Foundation of Repentance from Dead Works And by these Dead Works is understood not the Obedience and Justice of the inward Man but the opus operatum or external Action proceeding from fear of punishment or from vain glory and desire to be honoured of men and these may be separated from Faith and conduce no way to a Mans Justification And for that cause S. Paul Rom. 4. excludeth the Righteousness of the Law from having part in the Justification of a sinner For by the Law of Moses which is applyed to mens Actions and requireth the Absence of Guilt all men living are liable to Damnation and therefore no man is iustified by Works but by Faith only But if Workes be taken for the endeavour to doe them that is if the Will be taken for the Deed or Internal for External Righteousness then doe works contribute to Salvation And then taketh place that of S. James Chap. 2.24 Ye see then how that of works a man is iustisted and not of faith only And both of these are ioyned to salvation as in S. Mark 1.5 Repent and believe the Gospel And Luk. 18.18 when a certain Ruler asked our Saviour what he ought to doe to inherit eternal life he propounded to him the keeping of the Commandements which when the Ruler said he had kept he propounded to him the Faith Sell all that thou hast and fellow me And Joh. 3.36 He that beleeveth in the Son hath everlasting life And He that obeyeth not the Son shall not see life Where he manifestly ioyneth Obedience and Faith together And Rom 1.17 The Just shall live by Faith not every one but the Just For also the Devils beleeve and tremble But though both Faith and Justice meaning still by Justice not absence of Guilt but the Good Intentions of the Mind which is called Righteousness by God that taketh the Will for the Deed be both of them said to iustifie yet are their Parts in the Act of Justification to be distinguished For Justice is said to iustifie not because it absolveth but because it denominates him Just and setteth him in an estate or capacity of salvation whensoever he shal have Faith But faith is said to justifie that is to absolve because by it a iust man is absolved of and forgiven his uniust Actions And thus are reconciled the places of S. Paul and S. James that Faith only iustifieth and A man is iustified by Faith onely and shewed how Faith and Repentance must concur to salvation 11. These things considered it will easily appear That under the Soveraign power of a Christian Common VVealth there is no Danger of Damnation from simple Obedience to Humane Lawes for in that the Soveraign alloweth Christianity no man is compelled to renounce that Faith which is enough for his Salvation that is to say the Fundamental Points And for other Points seeing they are not necesâ—ary to salvation if we conform our Actions to the Lawes we do not only what we are allowed but also what we are commanded by the Law of Nature which is the morall Law taught by our Saviour Himself And it is part of that Obedience which must concur to our Salvation 12. And though it be true whatsoever a man doth against his Conscience is sin yet the Obedience in these Cases is neither sin nor against the Conscience For the Conscience being nothing else but a Mans setled judgement and Opinion when he hath once transferred his Right of Judging to another that which shall be commanded is no lesse his Judgement then the Judgement of that other So that in Obedience to Lawes a man doth still according to his owne Conscience but not his private Conscience And whatsoever is done contrary to private Conscience is then a Sin when the Lawes have left him to his own liberty and never else And then whatsoever a man doth not only believing it is ill done but doubting whether it be ill or not is done ill in case he may lawfully omit the doing 13. And as it hath been proved that a man must submit his Opinions in matter of Controversie to the Authority of the Common Wealth so also is the same confest by the practice of every one of them that otherwise deny it For who is there differing in Opinion from another and thinking himself to be in the right and the other in the wrong that would not think it reasonable if he be of the same Opinion that the whole State alloweth that the other should submit his opinion also thereunto or that would not be content if not that one or a few men yet all the Divines of a whole Nation or at least an Assembly of all those he liketh should have the Power to determine all the Controversies of Religion or who is there that would not bee content to submit his Opinions either to the Pope or to a Genenerall Councel or to a Provincial Councel or to a Presbyterie of his owne Nation And yet in all these Cases hee submitteth
seemeth not only most equal but also least sensible and least to trouble the mind of them that pay it For there is nothing so aggravateth the grief of parting with money to the Publick as to think they are over-rated and that their Neighbours whom they envy do thereupon insult over them and this disposeth them to Resistance and after that such Resistance hath produced a mischief to Rebellion 6. An other thing necessary for the maintaining of peace is the due execution of iustice which consisteth principally in the right performance of their Duties which are the Magistrates ordained for the same by and under the Authority of the Soveraign Power which being private men in respect of the Soveraign and consequently such as may have private Ends whereby they may be corrupted with gifts or Intercession of Friends ought to be kept in awe by an higher Power lest people greived by their Injustice should take upon them to make their own Revenges to the Disturbance of the common Peace which can by no way be avoided in the prineipal and immediate Magistrates without the Judicature of the Soveraign himself or some extraordinary power delegated by him It is therefore necessary that there be a power extraordinary as there shall be occasion from Time to Time for the syndication of Judges and other Magistates that shall abuse their Authority to the Wrong and discontent of the People and a free and open way for the presenting of Grievances to him or them that have the Soueraign Authority 7. Besides these Considerations by which are prevented the Discontents that arise from Oppression there ought to be some meanes for the keeping under of those that are disposed to Rebellion by Ambition which consist principally in the constancy of him that hath the Soveraign Power who ought therefore constantly to grace and encourage such as being able to serve the Common Wealth do nevertheless contain themselves within the bounds of Modesty without repining at the Authority of such as are imployed and without aggravating the Errours which as men they may commit especially when they suffer not in their own particular and constantly to shew displeasure dislike of the contrary And not only so but also to ordain severe punishments for such as shall by Reprehension of publick Actions affect popularity and applause amongst the multitude by which they may be enabled to have a faction in the Common Wealth at their Devotion 8. Another thing necessary is the rooting out of the Consciences of men all those opinions which seem to iustifie and give pretence of Right to Rebellious Actions such as are the Opinions That a man can do nothing lawfully against his private Conscience That they who have the Soveraignty are subiect to the civil Laws That there is an Authority of Subiects whose Negative may hinder the Affirmative of the Soveraign Power That any Subiect hath a propriety distinct from the Dominion of the Common Wealth That there is a body of the People without him or them that have the Soveraign power that any lawful Soveraign may be resisted under the name of a Tyrant which Opinions are they which Part 2. Chap. 8. Sect. 5.6 7 8 9 10. have been declared to dispose men to Rebellion And because Opinions which are gotten by education and in length of time are made habitual cannot be taken away by force and â—pon the sudden they must therefore be â—aken away also by Time and Education And â—eeing the said Opinions have proceeded â—rom private and publick Teaching and â—hose Teachers have received them from Grounds and Principalls which they have â—earned in the Universities from the Doctrine of Aristotle and others who have dilivered nothing concerning Morality and Policy demonstratively but being passionately addicted to Popular Government have insinuated their Opinions by eloquent Sophistry There is no doubt if the true Doctrine concerning the Law of Nature and the Properties of a Body Politick and the Nature of Law in general were prespicuously set down and taught in the Universities but that Young men who come thither void of preiudice and whose minds are as white paper capable of any Instruction would more easily receive the same and afterwards teach it to the people both in Books and otherwise then now they do the contrary 9. The last Thing contained in that Supream Law Salus Populi is their Defence and consisteth partly in the Obedience and Unity of the Subiects of which hath been already spoken and in which consisteth the Means of levying Souldiers and of having Money Arms Ships and Fortified places in readiness for Defence and partly in the avoiding of unnecessary Wars For such Common Wealths or such Monarchs as affect War for it self that is to say out of Ambition or of Vain Glory or that make account to revenge every little Iniury or Disgrace done by their Neighbours if they ruine not themselves their Fortune must be better then they have reason to expect CHAP. X. 1. All Expressions c. concerning future Actions are either Covenant Councel or Command 2. The Difference between a Law and a Covenant 3. The Command of him whose Command is Law in one thing is Law in every thing 4. The Difference between Law and Counsell 5. The difference between Jus and Lex 6. The Division of Laws ctc. 7. That the Divine Morall Law and the Law of Nature is the same 8. That the Civil Lawes are the Common Measure of Right and Wrong c. 9. Martiall Law is Civil Law 10. Written Laws c. unwritten c. Customes and Opinions c. THus far concerning the Nature of man and the constitution and properties of a Body Politick There remaineth only for the last Chapter to speak of the Nature and sorts of Law And first it is manifest that all Laws are Declarations of the Mind conâ—erning some Action future to be done or omitted And all Declarations and Expresâ—ions of the Mind concerning Future Actions and Omissions are either Promissive as I will do or not do or provisive As for Example If this be done or not done this will follow or Imperative as Do this or do it not In the first sort of these Expressions consisteth the Nature of a Covenant in the second consisteth Counsel in the third Command 2. It is evident when a man doth or forbeareth to do any action if he be moved thereto by this only Consideration that the same is Good or evil in it self and that there be no reason why the will or pleasure of another should be of any weight in his Deliberation that then neither to do nor omit the Action deliberated is any Breach of Law-And consequently whatsoever is a Law to a man respecteth the Will of another and the Declaration thereof But a Covenant is a Declaration of a mans own Will And therefore a Law and a Covenant differ And though they be both obligatory and a Law obligeth no otherwise then by vertue of some covenant made by
him who is subiect thereunto yet they oblige by severall sorts of promises For a Covenant obligeth by promise of an Action or Omission especially named and limited but a Law bindeth by a promise of Obedience in general whereby the Action to be done or left undone is referred to the determination of him to whom the Covenant is made So that the Difference between a Covenant and a Law standeth thus In Simple Covenant the Action to be done or not done is first limited and made known and then followeth the Promise to do or not to do but in a Law the obligation to do or not to do precedeth and the Declaration what is to be done or not done followeth after 3. And from this may be deduced that which to some may seem a Paradox That the Command of him whose Command is a Law in one thing is a Law in every thing For seeing a man is obliged to obedience before what he is to do be known he is obliged to obey in general that is to say in every thing 4. That the Counsel of a man is no Law to him that is counselled and that he who alloweth another to give him counsell doth not thereby oblige himself to follow the same is manifest enough And yet men usually call Counselling by the name of Governing not that they are not able to distinguish between them but because they envy many times those men that are called to Counsel are therefore angry with them that they are Counselled But if to Counsellours there should be given a Right to have their Counsell followed then are they no more Counsellours but Masters of them whom they Counsel and their Counsels no more Counsels but Lawes For the difference between a Law and a Counsel being no mor but this that in Counsel the Expression is Do because it is best In a Law Do because I have a right to compel you or Do because I say Do when Counsel should give the Reason of the Action it adviseth to because the reason thereof it self is no more Counsel but a Law 5. The Names Lex Jus that is to say Law and Right are often confounded and yet scarce are there any two words of more contrary signification For Right is that Liberty which Law leaveth us and Laws those Restraints by which we agree mutually to abridge on anothers Liberty Law and Right therefore are no less different then Restraint and Liberty which are contrary and whatsoever a man doth that liveth in a Common Wealth Jure he doth it Jure Civili Jure Naturae and Jure Divino For whatsoever is against any of these Laws cannot be said to be Jure For the Civill Law cannot make that to be done Jure which is against the Law Divine or of Nature And therefore whatsoever any Subiect doth if it be not conrary to the Civil Law and whatsoever a Soveraign doth if it be not against the Law of Nature he doth it Jure Divino by Divin right But to say Lege divina by Divine Law is another thing For the Laws of God and Nature allowing greater liberty then is allowed by the Law Civil for subordinate Laws do still bind moâ—e then Superior Laws the Essence of Law being not to loose but to bind A man may be commanded that by a Law Civil which is not commanded by the Law of Nature nor by the Law Divine So that of things done Legâ— that is to say by Command of the Law there is some place for a Distinction between Lege Divina Lege Civili As when a man giveth an Alms or helpeth him that is in need he doth it not Lege Civili but Lege Divina by the Divine Law the Precept whereof is Charity But for things that are done Jure nothing can be said done Jure Divino that is not also Jure Civili unless it be done by them that having Soveraign Power are not subiect to the civil Law 6. The Differences of Law are according to the Differences either of the Authors and Lawmakers or of the promulgation or of those that are subiect to them From the Difference of the Authors or Law makers cometh the Division of Law into Divine Natural and Civil From the Difference of Promulgation proceedeth the Division of Laws into Written and unwritten And from the Difference of the persons to whom the Law appertaineth it proceedeth that some Laws are called simply Laws and some Penal As for Example Thou shall not steal is simply a Law but this He that stealeth an Ox shall restore four-fold is a Penal or as other â—all it a Judicial Law Now in those Laws which are simply Laws the Commandement is addressed to every man but in Penal Laws the Commandement is addressed to the Magistrate who is only guilty of the Breach of it when the Penalties ordained are not iâ—flicted To the Rest appertaineth Nothing but to take notice of their Danger 7. As for the first Division of Law into Divine Natural and Civil the first two Breaâ—hes are one and the same law For the law of Nature which is also the Moral law is the law of the Author of Nature God Almighty and the law of God taught by our Saviour Christ is the Morall law For the Sum of Gods law is Thou shalt love God above all and thy Neighbour as thy self and the same is the sum of the Law of Nature as hath bâ—en shewed Part 1. Chap. 5. And although the Doctrin of our Saviour be of three Parts Moral Theological and Ecclesiasticall the former part only which is the Moral is of the Nature of a Law Universal the latter part is a Branch of the Law Civil and the Theological which containeth those Articles concerning the Divinity and Kingdome of our Saviour without which there is no Salvation is not dilivered in the Nature of Laws but of Counsel and Direction how to avoid the punishment which by the Violation of the Moral Law men are subiect to For it is not Infidelity that condemneth though it be Faith that saveth but the Breach of the Law and Commandements of God Written fiâ—st in mans heart and afterwards in Tables and delivered to the Jews by the Hands of Moses 8. In the state of Nature where every man is his own Judge and differeth from other concerning the Names and Appellations of things and from those Differences arise Quarels and breach of Peace it was necessary there should be a common measure of all things that might fall in Controversie As for Example Of what is to be called Right what Good what Virtue what Much what Little what Meum Tuum what a Pound what a Quarter c. For in these Things Private Judgements may differ and beget Controversie This Common measure some say is Right Reason with whom I should consent if there were any such thing to be found or known in rerum natura But commonly they that call for Right Reason to decide any controversy
De Corpore Politico OR THE ELEMENTS OF LAW Moral Politick WITH Discourses upon severall Heads as Of The Law of Nature Oathes and Covenants Several kinds of Government With the Changes and Revolutions of them By Tho. Hobbs of Malmsbury LONDON Printed by T. R. for J. Ridley and are to be sold at the Castle in Fleetstreet by Ram-Alley 1652. To The Reader Reader YOu may be pleased to take notice That the first Part of the Work depends upon a former Treatise of Humane Nature written by Mr. Hobbs and by a Friend of his committed to the Press for the benefit of Mankind It was thought fit that nothing of so worthy an Author should be left unprinted especially considering that this Piece is most usefull for the Society of reasonaâ—le Creatures being the Grounds and Principles of Policy without which there would be nothing but Confusion in the World I am confident if mens Minds were but truly fixt upon the Center of this Discourse they would not prove such Weather-cocks to be turned about with the wind of every false Doctrine and vain Opinion VVe should then be free from those Disorders which threaten distraction to the Soul and Destruction to the Common VVealth But let others write never so well if our practise doe not second their instructions we may bee wise enough to foresee our misery but never know how to prevent it What pitty is it that such rare Conclusions as these are should produce no other effect but to informe our Knowledg and confute our Conversation whilest we neglect the Truth that is apprehended Yet there is some hope that such Observers whose VVisdome hath received the stamp of Goodnesse will improve their skill to a reall Advancement of those benefits which lye horded up in this curious Cabinet To whose use and behoof these excellent notions are commended as the best that ever were writ in this kind and may serve for a generall Ground and Foundation to all regular Conceptions that concern the Essence and Existence of Man the Government of Kingdoms and Common-VVealths and by consequence our eternall Salvation De Corpore Politico CHAP. I. 1.2 Men by Nature Equall 3. By vain glory indisposed to allow equality with themselves to others 4. Apt to provoke another by Comparisons 5. Apt to incroach one upon another 6. Right defined 7. Right to the End implyeth right to the Means 8 Every Man his own Judge by Nature 9. Every Mans strength and knowledge for his owne Use 10. Every Man by nature hath right to all things 11. Warr and Peace defined 12. Men by noture in the state of Warr 13. In Manifest Inequality Might is Right 14. Reason dictateth Peace IN a former Treatise of Humane nature already printed hath beene set forth the whole nature of Man consisting in the Powers naturall of his Body and Mind and may all be comprehended in these four Strength of Body Experinece Reason and Passion 2. In this it will be expedient to consider in what estate of security this our Nature hath placed us and what probability it hath left us of continuing and preserving our selves against the violence of one another And first if we consider how little Odds there is of Strength or knowledge between Men of Mature Age and with how great facility he that is the weaker in strength or in Wit or in both may utterly destroy the Power of the stronger since there needeth but little force to the taking away of a Mans life we may conclude that men considered in meer Nature ought to admit amongst themselves Equality and that he that claimeth no more may be esteemed Moderate 3. On the other side considering the great difference there is in Men from the Diversity of their Passions how some are vainly glorious and hope for precedency and superiority above their fellows not only when they are equall in power but also when they are Inferiour we must needs acknowledge that it must necessarily follow that those men who are moderate and look for no more but Equality of nature shall be obnoxious to the Force of others that will attempt to subdue them And from hence shall proceed a generall diffidence in mankind and mutuall fear one of another 4. Farther since Men by natural passion are divers wayes offensive one to another every man thinking well of himself and hating to see the same in others they must needs provoke one another by Words and other signes of contempt and hatred which are incident to all comparison till at last they must determine the preheminence by Strength and force of Body 5. Moreover considering that many mens Appetites carry them to one and the same end which end sometimes can neither be enjoyed in common nor divided it followeth that the stronger must enjoy it alone and that it be decided by Battell who is the stronger And thus the Greatest part of Men upon no assurance of Odds do neverthelesse through Vanity or Comparison or Appetite provoke the Rest that otherwise would be contented with Equality 6. And forasmuch as necessity of nature maketh men to will and desire Bonum sibi that which is good for themselves and to avoid that which is hurtfull but most of all the terrible enemy of Nature Death from whom we expect both the losse of all Power and also the greatest of bodily paines in the losing It is not against Reason that a man doth all he can to preserve his owne body and limbs both from Death and Paine And that which is not against reason men call Right or Jus or Blameâ—esse liberty of using our own naturall Power and Ability It is therefore â— right of nature That every man may preserve his owne life and limbs with all the Power he hath 7. And because where a man hath right to the End and the end cannot be attained without the Meanes that is without such things as are necessary to the End it is consequent that it is not against Reason and therefore right for a man to use all meanes and doe whatsoever action is necessary for the preservation of his Body 8. Also every man by right of Nature is Judge himself of the necessity of the means and of the greatnesse of the Danger For if it be against reason that I be Judge of mine owne danger my Self then it is reason that another Man be Judge thereof But the same Reason that maketh another man Judge of those Things that concern me maketh me also Judge of that that concerneth him And therefore I have reason to Judge of his sentence whether it be for my benefit or not 9. As a mans Judgment in right of nature is to be imployed for his own benefit so also the Strength Knowledg and Art of every man is then rightly imployed when he useth it for himselfe else must not a man have right to preserve himselfe 10. Every man by Nature hath right to all Things that is to say to do whatsoever he listeth to whom
to stand to their Covenants is taught Psal. 15. Where the Question being asked vers. 1. Lord who shall dwell in thy Tavernacle c. It is answered vers. 4. He that sweareth to hâ—s own hinderance and yet changeth not And that men ought to be gratified where no Covenant passeth Deut. 25.4 Thou shalt not muzzle the Ox that treadeth out the Corn which S. Paul 1 Cor. 9.9 interpreteth not of Oxen but of Men 6. That men content themselves with Equality as it is the Foundation of Natural Law so also is it of the second Table of the Divine Law Matth. 22 39.40 Thou shalt love thy Neighbour as thy self On these two Laws depend the whole Law and the Prophets which is not so to be understood as that a man should study so much his Neighbours profit as his own or that he should divide his Goods amongst his Neighbours but that he should esteem his Neighbour worthy all Rights and Priviledges that himself enjoyeth and attribute unto him whatsoever he looketh should be attributed unto himself which is no more but that he should be humble meck and content with Equality 7. And that in Distributing of Right amongst Equalls that Distribution is to be made according to the Proportions of the Numbers which is the giving of aequalia aequalibus proportionalia proportionalibus we have Numb. 26.53.54 the Commandement of God to Moses Thou shalt divide the land according to the Number of Names to many thou shalt give more to few thou shall give lesse to every one according to his Number That Decision by Lot is a Means of Peace Prov. 18.18 The lot causeth contention to cease and maketh Partition among the Mighty 8. That the Accommodation and forgiveness of one another which have before been put for Lawes of Nature are also Law Divine there is no Question For they are the Essence of Charity which is the Scope of the whole Law that we ought not to reprâ—ach or reprehend one another is the Doctrine of our Saviour Matth. 7.1 Judge not that ye be not judged vers. 3. Why seest thou the Mote that is in thy Brothers eye and seest not the Beam that is in thine own eye Also the Law that forbiddeth us to press our Councell upon others further then they admit is a Divine Law For after our Charity and desire to rectifie one another is rejected to presse it farther is to reprehend him and condemn him which is forbidden in the text last recited as also Rom. 14.12 Every one of us shall give account of himself to God Let us not therefore judge one another any more but use your Judgment rather in this that no man put an occasion to fall or a stumbling block before his Brother 9. Farther The Rule of men concerning the Law of Nature Quod tibi fieri non vis alteri ne feceris is confirmed by the like Matth. 7.12 Whatsoever therefore you would have men do unto you that do you unto them for this is the Law and the Prophets And Rom. 2.1 In that thou judgest another thou condemnest thy self c. 10. It is also manifest by the Scriptures That these Laws concern only the Tribunall of our Conscience and that the Actions contrary to them shall be no farther punished by God Almighty then as they proceed from Negligence or Contempt And first that these Lawes are made to the Conscience appeareth Matth. 5.20 For I say unto you Except your Righteousnesse exceed the Righteousnesse of the Scribes and Pharisees ye shall not enter into the Kingdome of Heaven Now the Pharisees were the most exact among the Jews in the external performance they therefore must want the sincerity of Conscience else could not our Saviour have required a greater Righteousnesse then theirs For the same Reason our Saviour Christ saith The Publican departed from the Temple iustified rather then the Pharisee And Christ saith his Yoke is easie his Burthen Light which proceedeth from this that Christ required no more then our best Endeavour And Rom. 14.23 He that doubteth is condemned if he eat And in innumerable places both in the Old and New Testament God Almighty declareth that he taketh the Will for the Deed both in Good and Evill Actions By all which it plainly appears that the Divine Law is dictated to the Conscience One the other side is no less plain that how many and hainous actions soever a man commit through Infirmity he shall nevertheless whensoever he shall condemn the same in his own Conscience be freed from the punishments that to such actions otherwise belong For at what time soever a sinner doth repent him of his sinns from the bottome of his Heart I will put all his Iniquties out of my remembrance saith the Lord 11. Concerning Revenge which by the Law of Nature ought not to aym as I have sayd Chap. 3. Sect 10. at present delight but future profit there is some difficulty madâ— as if the same accorded not with the Law Divine by such as obiect the continuance of punishment after the Day of Judgement when there shall be no place neither for amendment nor for example This Obiection had been of some force if such punishment had been ordained after all sinnes were past but considering the punishment was instituted before sinne it serveth to the benefit of Mankinde because it keepeth men in peaceable and virtuous conversation by the terrour And therefore such Revenge was directed to the Future only 12. Finally There is no Law of Natural Reason that can be against the Law Divine for God Almighty hath given Reason to a man to be a Light unto him And I hope it is no Impiety to think that God Almighty will require a strict Account thereof at the Day of Judgment as of the Instructions which we were to follow in our Peregrination here notwithstanding the opposition and affronts of supernaturalists now adayes to rationall and morall Conversation CHAP. VI 1. That men notwithstanding these Lawes are still in the State of War till they have security one against another 2. The Law of Nature in War is nothing but Honour 3. No Security without the Concord of many 4. That Concord of many cannot be maintained without power to keep them all in awe 5. The cause why Concord remaineth in a multitude of some irrationall Creatures and not of men 6. That Vnion is necessary for the maintaining of Concord 7 How Union is made 8. Body politick defined 9. Corporation defined 10. Soveraign Subiect defined 11. Two sorsts of Bodies Politick Patrimonia and Common Wealth IN Chap. 12. Sect. 16. of the treatise of human Nature it hath been shewed that the Opinions men have of the Rewards and Punishments which are to follow their Actions are the Causes that make and govern the Will to those Actions In this Estate of man therefore wherein all men are equal and every man allowed to be his own Judge the Fears they have one of another are equal and every mans