distinction between Counsel and Law from the difference between Counsell and Command Now COUNSELL is a precept in which the reason of my obeying it is taken from the thing it self which is advised but COMMAND is a precept in which the cause of my obedience depends on the will of the Commander For it is not properly said Thus I will and thus I Command except the will stand for a Reason Now when obedience is yielded to the Lawes not for the thing it self but by reason of the advisers will the Law is not a Counsell but a Command and is defined thus LAW is the command of that Person whether Man or Court whose precept containes in it the reason of obedience as the Precepts of God in regard of Men of Magistrates in respect of their Subjects and universally of all the powerfull in respect of them who cannot resist may be termed their Lawes Law and Counsell therefore differ many ways Law belongs to him who hath power over them whom he adviseth Counsell to them who have no power To follow what is prescribed by Law is duty what by Counsell is free-will Counsell is directed to his end that receives it Law to his that gives it Counsell is given to none but the willing Law even to the unwilling To conclude the right of the Counsellour is made void by the will of him to whom he gives Counsell the right of the Law-giver is not abrogated at the pleasure of him who hath a Law imposed II. They confound Law and Covenant who conceive the Lawes to be nothing else but certain 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or forms of living determined by the common consent of men Amongst whom is Aristotle who defines Law on this manner 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that is to say Law is a speech limited according to the common consent of the City declaring every thing that we ought to doe which definition is not simply of Law but of the Civill Law for it is manifest that the Divine Lawes sprang not from the consent of men nor yet the Lawes of Nature for if they had their originall from the consent of men they might also by the same consent be abrogated but they are unchangeable But indeed that 's no right definition of a Civill Law for in that place a City is taken either for one civill person one will or for a multitude of men who have each of them the liberty of their private wills if for one person those words common consent are ill placed here for one person hath no common consent neither ought he to have said declaring what was needfull to be done but commanding for what the City deolares it commands its Subjects He therefore by a City understood a multitude of men declaring by common consent imagine it a writing confirm'd by Votes some certain formes of living but these are nothing else but some mutuall contracts which oblige not any man and therefore are no Lawes before that a Supreme Power being constituted which can compell have sufficient remedy against the rest who otherwise are not likely to keep them Lawes therefore according to this definition of Aristotle are nothing else but naked and weak contracts which then at length when there is one who by right doth exercise the Supreme Power shall either become Lawes or no Lawes at his will and pleasure Wherefore he confounds Contracts with Lawes which he ought not to have done for Contract is a promise Law a command In Contracts we say I will do this In Lawes Doe this * Contracts oblige us Lawes vie us fast being obliged A Contract obligeth of it self The Law holds the party obliged by vertue of the universall Contract of yeelding obedience Therefore in Contract its first determined what is to be done before we are obliged to doe it But in Law we are first obliged to performe and what is to be done is determined afterwards Aristotle therefore ought to have defined a civill law thus A civill law is a speech limited by the will of the City commanding every thing behoofefull to be done which is the same with that we have given above in the 6. Chap. art 9. to wit that the civill lawes are the command of him whether man or Court of men who is endued with supreme power in the city concerning the future actions of his Subjects Contracts oblige us To be obliged and to be tyed being obliged seems to some men to be one and the same thing and that therefore here seems to be some distinction in words but none indeed More cleerly therefore I say thâ—… That a man is obliged â—y his contracts that is that he ought to performe for his promise sake but that the Law tyes him being obliged that is to say it compells him to make good his promise for fear of the punishment appointed by the Law III. They confound Lawes with Right who continue still to doe what is permitted by divine Right notwithstanding it be forbidden by the civill Law That which is prohibited by the divine Law cannot bee permitted by the civill neither can that which is commanded by the divine Law be prohibited by the civill notwithstanding that which is permitted by the divine Right that is to say that which may be done by divine Right doth no whit hinder why the same may not be forbidden by the civill Lawes for inferiour Lawes may restrain the liberty allowed by the superiour although they cannot enlarge them now naturall liberty is a Right not constituted but allowed by the Lawes For the Lawes being removed our liberty is absolute This is first restrained by the naturall and divine Lawes the residue is bounded by the civill Law and what remains may again be restrained by the constitutions of particular Towns and Societies There is great difference therefore between Law and Right For Law is a setter Right is freedome and they differ like contraries IV. All Law may be divided first according to the diversity of its Authors into Divine and humane the Divine according to the two wayes whereby God hath made known his will unto men is twofold naturall or morall and positive naturall is that which God hath declared to all men by his eternall word borne with them to wit their naturall Reason and this is that Law which in this whole book I have endeavoured to unfold Positive is that which God hath revealed to us by the word of Prophesie wherein he hath spoken unto men as a man Such are the Lawes which he gave to the Jewes concerning their government and divine worship and they may be termed the Divine civill Lawes because they were peculiar to the civill government of the Jewes his peculiar people Again the naturall Law may be divided into that of Men which alone hath obtained the title of the I aw of nature and that of Cities which may be called that of Nations but vulgarly it is termed the Right of Nations The precepts
but yet have took with the world not so much by giving any light to the understanding as entertainment to the Affections whilest by the successefull Rhetorications of their speech they have confirmed them in their rashly received opinions So that this part of Philosophy hath suffered the same destiny with the publick Wayes which lye open to all passengers to traverse up and down or the same lot with high wayes and open streets Some for divertisement and some for businesse so that what with the Impertinencies of some and the Altercations of others those wayes have never a seeds time and therefore yield never a harvest The onely reason of which unluckines should seem to be this That amongst all the writers of that part of Philosophy there is not one that hath used an idoneous Principle of Tractation For we may not as in a Circle begin the handling of a Science from what point we please There is a certain Clue of Reason whose beginning is in the dark but by the benefit of whose Conduct wee are led as 't were by the hand into the clearest light so that the Principle of Tractation is to be taken from that Darknesse and then the light to be carried thither for the irradiating its doubts As often therefore as any writer doth either weakly forsake that Clue or wilfully cut it asunder he describes the Footsteps not of his progresse in Science but of his wandring from it And upon this it was that when I applyed my Thoughts to the Investigation of Naturall Justice I was presently advertised from the very word Justice wich signifies a steady Will of giving every one his Owne that my first enquiry was to be from whence it proceeded that any man should call any thing rather his Owne then another mans And when I found that this proceeded not from Nature but Consent for what Nature at first laid forth in common men did afterwards distribute into severall Impropriations I was conducted from thence to another Inquiry namely to what end and upon what Impulsives when all was equally every mans in common men did rather think it fitting that every man should have his Inclosure And I found the reason was that from a Community of Goods there must needs arise Contention whose enjoyment should be greatest and from that Contention all kind of Calamities must unavoydably ensue which by the instinct of Nature every man is taught to shun Having therefore thus arrived at two maximes of humane Nature the one arising from the concupiscible part which desires to appropriate to it selfe the use of those things in which all others have a joynt interest the other proceeding from the rationall which teaches every man to fly a contre-naturall Dissolution as the greatest mischiefe that can arrive to Nature Which Principles being laid down I seem from them to have demonstrated by a most evident connexion in this little work of mine first the absolute necessity of Leagues and Contracts and thence the rudiments both of morall and of civill Prudence That Appendage which is added concerning the Regiment of God hath been done with this intent that the Dictates of God Almighty in the Law of nature might not seem repugnant to the written Law revealed to us in his word I have also been very wary in the whole tenour of my discourse not to meddle with the civill Lawes of any particular nation whatsoever That is to say I have avoyded coming a shore which those Times have so infosted both with shelves and Tempests At what expence of time and industry I have beene in this scrutiny after Truth I am not ignorant but to what purpose I know not For being partiall Judges of our selves we lay a partiall estimate upon our own productions I therefore offer up this Book to your Lordships not â—avour but censine first as having found by many experiments that it is not the credit of the Author â—…or the newnesse of the work nor yet the ornament of the style but only the weight of Reason which recommends any Opinion to your Lordships Favour and Approbation If it fortune to please that is to say if it be sound if it be usefull if it be vulgar I humbly offer it to your Lordship as both my Glory and my Protection But if in any thing I have erred your Lordship will yet accept it as a Testimony of my Gratitude for that the means of study which I enjoyed by your Lordships Goodnesse I have employed to the procurement of your Lordships Favour The God of Heaven crown your Lordship with length of Dayes in this earthly Station and in the heavenly Jerusalem with a crown of Glory Your Honours most humble and most devoted Servant THO. HOBBS THE AUTHORS PREFACE TO THE READER READER I promise thee here such things which ordinarily promised doe seeme to challenge the greatest attention and I lay them here before thine eyes whether thou regard the dignity or profit of the matter treated of or the right method of handling it or the honest motive and good advice to undertake it or lastly the moderation of the Authour In this Book thou shalt finde briefly described the duties of men First as Men then as Subjects Lastly as Christians under which duties are contained not only the elements of the Lawes of Nature and of Nations together with the true originall and power of Justice but also the very essence of Christian Religion it selfe â— so farre forth as the measure of this my purpose could well bear it Which kinde of doctrine excepting what relates to Christian Religion the most antient Sages did judge fittest to be delivered to posterity either curiously adorned with Verse or clouded with Allegories as a most beautifull and hallowed mystery of Royall 〈◊〉 hâ—â—ity left by the disputations of pâ—…e men it might be de filed Other Philosophers in the mean time to the advantage of mankinde did contemplate the faces and motions of things others without disadvantage their natures and causes But in after times Socrates is said to have been the first who truly loved this civill Soience although hitherto not throughly understood yet glimmering forth as through a cloud in the government of the Common weale and that he set so great a value on this that utterly abandoning and despising all other parts of Philosopy he wholly embraced this as judging it onely worthy the labour of his minde After him comes Plato Aristotle Cicero and other Philosophers as well Greeke as Latine and now at length all men of all Nations not only Philosophers but even the vnlgar have and doe still deale with this as a matter of ease exposed and prostitute to every Mother-wit and to be attained without any great care or study and which makes mainly for its dignity those who suppose themselves to have it or are in such employment as they ought to have it doe so wonderfully please themselves in its Idaea as they easily brooke the followers of other arts to be esteemed and
Miracle if any even the most strong should close up his life with many years and old age They of America are Examples hereof even in this present Age Other Nations have been in former Ages which now indeed are become Civill and Flourishing but were then few fierce short-lived poor nasty and destroy'd of all that Pleasure and Beauty of life which Peace and Society are wont to bring with them Whosoever therefore holds that it had been best to have continued in that state in which all things were lawfull for all men he contradicts himself for every man by naturall necessity desires that which is good for him nor is there any that esteemes a war of all against all which necessarily adheres to such a State to be good for him and so it happens that through feare of each other we think it fit to rid our selves of this condition and to get some fellowes that if there needs must be war it may not yet be against all men nor without some helps XIV Fellowes are gotten either by constraint or by consent By Constraint when after fight the Conqueror makes the conquered serve him either through feare of death or by laying fetters on him By consent when men enter into society to helpe each other both parties consenting without any constraint But the Conqueror may by right compell the Conquered or the strongest the weaker as a man in health may one that is sick or he that is of riper yeares a childe unlesse he will choose to die to give caution of his future obedience For since the right of protecting our selves according to our owne wills proceeded from our danger and our danger from our equality it s more consonant to reason and more certaine for our conservation using the present advantage to secure our selves by taking caution then when they shall be full growne and strong and got out of our power to endeavour to recover that power againe by doubtfull fight And on the other side nothing can be thought more absurd then by discharging whom you already have weak in your power to make him at once both an enemy and a strong one From whence we may understand likewise as a Corollarie in the naturall state of men That a sure and irresistible power confers the right of Dominion and ruling over those who cannot resist insomuch as the right of all things that can be done adheres essentially and immediately unto this omnipotence hence arising XV. Yet cannot men expect any lasting preservation continuing thus in the state of nature i. e. of War by reason of that equality of power and other humane faculties they are endued withall Wherefore to seek Peace where there is any hopes of obtaining it and where there is none to enquire out for Auxiliaries of War is the dictate of right Reason that is the Law of Nature as shall be shewed in the next Chapter CHAP. II. Of the Law of Nature concerning Contracts I. That the Law of Nature is not an Agreement of Men but the Dictate of Reason II. That the fundamentall Law of Nature is to seek Peace where it may be had and where not to defend our selves III. That the first speciall Law of Nature is not to retain our Right to all things IV. What it is to quit our Right what to transfer it V. That in the transferring of our right the will of him that receives it is necessarily required VI. No words but those of the present tense transferre any right VII Words of the future if there be some other tokens to signifie the will are valid in the translation of Right VIII In matters of free gift our Right passeth not from us through any words of the future IX The definition of Contract and Compact X. In Compacts our Right passeth from us through words of the future XI Compacts of mutuall faith in the State of Nature are of no effect and vain but not so in Civill Government XII That no man can make Compacts with Beasts nor yet with God without Revelation XIII Nor yet make a Vow to God XIV That Compacts oblige not beyond our outmost endeavour XV. By what meanes we are freed from our Compacts XVI That promises extorted through feare of death in the State of Nature are valid XVII A latter Compact contradicting the former is invalid XVIII A Compact not to resist him that shall prejudice my Body is invalid XIX A Compact to accuse ones self is invalid XX. The definition of Swearing XXI That Swearing is to be conceived in that forme which he useth that takes the Oath XXII An Oath superaddes nothing to the Obligation which is made by Compact XXIII An Oath ought not to be prest but where the breach of Compacts may be kept private or cannot be punisht but from God himself I. ALL Authors agree not concerning the definition of the Naturall Law who notwithstanding doe very often make use of this terme in their Writings The Method therefore wherein we begin from definitions and exclusion of all equivocation is only proper to them who leave no place for contrary Disputes for the rest if any man say that somwhat is done against the Law of Nature one proves it hence because it was done against the generall Agreement of all the most wise and learned Nations But this declares not who shall be the judg of the wisdome and learning of all Nations Another hence That it was done against the Generall consent of all Man-kind which definition is by no means to be admitted for then it were impossible for any but Children and Fools to offend against such a Law for sure under the notion of Man-kind they comprehend all men actually endued with Reason These therefore either doe Naught against it or if they doe Ought it is without their joint accord and therefore ought to be excus'd but to receive the Lawes of Nature from the Consents of them who oftner Break then Observe them is in truth unreasonable besides Men condemne the same things in others which they approve in themselves on the other side they publickly commend what they privately condemne and they deliver their Opinions more by Hear-say then any Speculation of their own and they accord more through hatred of some object through fear hope love or some other perturbation of mind then true Reason And therefore it comes to passe that whole Bodyes of people often doe those things by Generall accord or Contention which those Writers most willingly acknowledge to be against the Law of Nature But since all doe grant that is done by RIGHT which is not done against Reason we ought to judg those Actions onely wrong which are repugnant to right Reason i. e. which contradict some certaine Truth collected by right reasoning from true Principles but that Wrong which is done we say it is done against some Law therefore True Reason is a certaine Law which since it is no lesse a part of Humane nature then any
Except your righteousnesse shall exceed the righteousnesse of the Scribes and Pharisees ye shall in no case enter into the Kingdom of Heaven and in the following verses our Saviour explains to them how that the commands of God are broken not by Deeds only but also by the Will for the Scribes and Pharises did in outward act observe the Law most exactly but for Glories sake onely else they would as readily have broken it There are innumerable places of Scripture in which is most manifestly declar'd that God accepts the Will for the Deed and that as well in good as in evill actions XXII That the Law of Nature is easily kept Christ himself declares in the 11. Chapter of Saint Matthew 28 29 30. Come unto me c. Take my yoke upon you and learn of me c. for my yoke is easie and my burthen light XXIII Lastly the Rule by which I said any man might know whether what he was doing were contrary to the Law or not to wit what thou wouldst not be done to doe not that to another is almost in the self same words delivered by our Saviour Mat. 7. 12. Therefore all things whatsoever ye would that men should do unto you do you even so to them XXIV As the law of nature is all of it Divine so the Law of Christ by conversion which is wholly explain'd in the 5 6 and 7. Chapter of S. Matthewes Gospell is all of it also except that one Commandement of not marrying her who is put away for adultery which Christ brought for explication of the divine positive Law against the Jewes who did not rightly interpret the Mosaicall Law the doctrine of Nature I say the whole Law of Christ is explain'd in the fore-named Chapters not the whole Doctrine of Christ for Faith is a part of Christian Doctrine which is not commprehended under the title of a Law for Lawes are made and given in reference to such actions as follow our will not in order to our Opinions and Belief which being out of our power follow not the Will Quisquamne regno gaudet O fallax bonum Quantum malorum fronte quam blanda tegis Necesse est ut multos timeat quem multi timent Auro venexum bibitur expertus loquor DOMINION CHAP. V. Of the causes and first begining of civill Government I. That the Lawes of Nature are not sufficient to preserve Peace II. That the Lawes of Nature in the state of nature are silent III. That the security of living according to the Lawes of Nature consists in the concord of many Persons IV. That the concord of many Persons is not constant enough for a lasting Peace V. The reason why the government of certain bruit creatures stands firm in concord onely and why not of men VI. That not onely consent but union also is required to establish the Peace of men VII What union is VIII In union the Right of all men is conveighed to one IX What civill society is X. What a civill Person is XI What it is to have the supreme power and what to be a subject XII Two kindes of Cities naturall and by institution IT is of it selfe manifest that the actions of men proceed from the will and the will from hope and feare insomuch as when they shall see a greater good or lesse evill likely to happen to them by the breach then observation of the Lawes they 'l wittingly violate them The hope therefore which each man hath of his security and self-preservation consists in this that by force or craft he may disappoint his neighbour either openly or by stratagem Whence we may understand that the naturall lawes though well understood doe not instantly secure any man in their practise and consequently that as long as there is no caution had from the invaâ—ion of others there remains to every man that same primitive Right of selfe-defence by such means as either he can or will make use of that is a Right to all things or the Right of warre and it is sufficient for the fulfiling of the naturall law that a man be prepared in mind to embrace Peace when it may be had II. It is a fond saying That all lawes are silent in the time of warre and it is a true one not onely if we speak of the civill but also of the naturall lawes provided they be referr'd not to the mind but to the actions of men by the third Chapter Act. 29. and we mean such a war as is of all men against all men such as is the meer state of nature although in the warre of nation against nation a certain mean was wont to be observed And therefore in old time there was a manner of living and as it were a certain oeconomy which they called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 living by Rapine which was neither against the law of nature things then so standing nor voyd of glory to those who exercised it with valour not with cruelty Their custome was taking away the rest to spare life and abstain from Oxen fit for plough and every instrument serviceable to husbandry which yet is not so to he taken as if they were bound to doe thus by the law of nature but that they had regard to their own glory herein left by too much cruelty they might be suspected guilty of feare III. Since therefore the exercise of the naturall law is necessary for the preservation of Peace and that for the exercise of the naturall law security is no lesse necessary it is worth the considering what that is which affords such a security for this matter nothing else can be imagined but that each man provide himselfe of such meet helps as the invâ—sion of one on the other may bee rendered so dangerous as either of them may think it better to refrain then to meddle But first it is plain that the consent of two or three cannot make good such a security because that the addition but of one or some few on the other side is sufficient to make the victory undoubtedly sure and hartens the enemy to attacque us It is therefore necessary to the end the security sought for may be obtained that the number of them who conspire in a mutuall assistance be so great that the accession of some few to the enemies party may not prove to them a matter of moment sufficient to assure the victory IV. Farthermore how great soever the number of them is who meet on selfe-defence if yet they agree not among themselves of some excellent means whereby to compasse this but every man after his own manner shall make use of his endeavours nothing will be done because that divided in their opinions they will be an hinderance to each other or if they agree well enough to â—ome one action through hope of victory spoyle or revenge yet afterward through diversity of wits and Counsels or emulation and envy with which men naturally contend they
by the Lawes Subjects must have right restored to them against corrupt Judges How Law differs from Counsell How it differs from a Covenant Annotation How it differs from Right The division of lawes into divine and humane and of the divine into naturall and positive and of the naturall into those lawes of single men and those of Nations The division of humane that is to say civill lawes into secular and sacred Into distributive and vindicative Distributive and vindicative are not two Species of the Lawes All Law is supposed to have a Penalty annext to it The Precepts of the Decalogue of honouring Parents of murther adultcry these false witnesse are the civill Lawes It is not possible to command ought by the civill Law contrary to oâ—e Lawes of nature It is essentiall to a Law that both it and the Legislator be knowne Whence the Legislator is knowne Promulgation and interpretation are necessary to the knowledge of a Law The civill Law divided into written and unwritten That the naturall laws are not written laws neither are the sentences of lawyers or custome laws of themselves but by the consent of the supreme power What the word Sin taken in its largest sense signifies The definition of Sin The difference betweene a sinne of infirmitie and malice Under what kind of sin Aâ—hâ—isme is contained Annotation What the sinne of Treason is Treason breaks not the civill but the naturall Law And therefore is punisht not by the Right of Soveraignty but by the Right of Warre Obedience not rightly distinguisht into Active and Passive The Proposition of the following contents Over whom God is said to raign The word of God three fold Reason Revelation Prophesy The Kingdome of God two-fold Naturall and Prophetique The Rigbt whereby God governs is seated in his omn pâ—teâ—â—e The same proved from Scripture The obligation of yeelding obedience unto God proceeds from humane infirmity Annotation The Lawes of God in his naturall Kingdome are those which are above set down in the second and third Chapters What honour and worship are Worship consists either in attributes or in actions And there is one sort naturall and another arbitrary One commanded another voluntary 〈…〉 What the end or aim of worship iâ— What the naturall Lawes are concerning Gods attributes 〈◊〉 What those actions are whereby naturally we do give worship In the naturall kingdom of God the City may appoint what worship it pleaseth God ruling by nature onely the City that is say that man or Court which under God hath the Soveraignty is the Interpreter of all the Lawes Certain doubts removed Annotation What is sin in the naturall Kingdom of God and what Treason against the divine Majesty Superstition possessing forraign Nations God â—nstituted the true Religion by the means of Abraham By thâ— Covenant between God and Adam all dispute is forbidden concerning the commands of superiors The manner of the Covenant between God and Abraham In that Covenant is contained an acknowledgement of God not simply but of him who appeared unto Abraham The Lawes to which Abraham was tyed were no other but those of nature and that of Circumcision Abraham among his own was the Interpreter of the word of God and of all Lawes Abrahams subjects could not sin in obeying him Annotation Gods Covenant with the Hebrewes at Mount Sinai From thence Gods government was called a Kingdom What lawes were by God given to the Jewes What the word of God is and how to be knowne What was held for the written word of God among the Jewes The power of interpreting the word of God and â—he supreme civil power were united in Moyses while he lived They were also united in the High Priest during the life of Joshuah They were also united in the High Priest untill King Sauls time They were united in the Kings untill the Captivity The same were united in the Priests after the Captivity Among the Jewes the deniall of the Divine providence and Idolatry were the onely Treasons against the Divine Majesty in all other things they ought to obey their Princes The Prophesies of Christs dignity The Prophesies of Christs Humility and Passion That Jesus was the Christ That the Kingdom of God by the new Covenant was not the Kingdome of Christ as Christ but as God That the Kingdome of God by the 〈◊〉 Covenant is heavenly and begins from the day of Iudgement The government of Christ in this world was not a Soveraignty but Counsell or a government by way of doctrine and perswasion What the Promises of the new Covenant are on both parts There are no Lawes added by Christ beside the institution of the Sacraments That these and the like forms Repent be baptized keep the Commandements are not Lawes It belongs to the civill authority to define what the sinne of injustice is It belongs to civill authority to define what conduces to the Peace and safety of the City It belongs to the civill authority to judge when need requires what definitions and what inferences are true It belongs to the Office of Christ to teach morality not as a speculation but as a Law to forgive sins and to teach all things whereof there is no science properly so call'd A distinction of things temporall from spirituall The word of God many wayes taken All things contained in Scripture belong not to the Canon of christian faith The word of a lawfull Interpreter of Scriptures is the word of God The authority of interpreting Scriptures is the same with that of determining controversies of faith Divers significations of a Church What a Church is to whom we attribute Rights actions and the like appellations proper to a Person A Christâ—… City is the same with a Christian Church Many Cities doâ— not constitute one church Who are Clergy-men The Election of Church-men belongs to the Church their consecration to the Pastors The power of remitting sinnes to the penitent and retaining those of the impenitent belongs to the Pastors but judgement of the repentance to the Church What excommunication is and on whom it cannot passe The interpretation of Scripture depends on the authority of the Ciâ—y A christian city must interpret Scriptures by clergy-men The difficulty propounded concerning the repugnaney of obeying God and men is to be remov'd by the distinction betweene the points necessary and not necessary to Salvation All things necessary to Salvation are contain'd in Faith and Obedience What kind of Obedience that is which is requir'd of us What Faith is and how distinguisht from profession from science and from opinion What it is to beleeve in Christ That that article alone that Iesus is the Christ is necessary to Salvation is prov'd out of the scope of the Evangelists Annotation By the Apostles Sermons By the easinesse of christian Religion By this that it is the foundation of Faith By the plaiâ— words of Christ and his Apostles In this Article is contained the Faith of the old Testament How Faith and Obedience doe conâ—ur to Salvation In a Christian City there is no contrariety be weene the Command of God and of the City The Doctrines which this day are controverted about Religion doe for the most part belong to the Right of Dominion
takes its current so subjects if they might doe nothing without the commands of the Law would grow dull and unwildly if all they would be disperst and the more is left undetermined by the Lawes the more liberty they enjoy Both extremes are faulty for Lawes were not invented to take away but to direct mens actions even as nature ordained the banks not to stay but to guide the course of the streame The measure of this liberty is to be taken from the subjects and the Cities good wherefore in the first place it is against the charge of those who command and have the authority of making lawes that there should be more lawes then necessarily serve for good of the Magistrate and his Subjects for since men are wont commonly to debate what to do or not to do by naturall reason rather then any knowledge of the Lawes where there are more Lawes then can easily be remembred and whereby such things are forbidden as reason of it selfe prohibites not of necessity they must through ignorance without the least evill iâ—tention fall within the compasse of Lawes as gins laid to entrap their harmelesse liberty which supreme Commanders are bound to preserve for their subjects by the Lawes of nature XVI It is a great part of that liberty which is harmlesse to civill government and necessary for each subject to live happily that there be no penalties dreaded but what they may both foresee and look for and this is done where there are either no punishments at all defined by the Lawes or greater not required then are defined where there are none defined there he that hath first broken the Law expects an in definite or arbitrary punishment and his feare is supposed boundlesse because it relates to an unbounded evill now the Law of nature commands them who are nâ—t subject to any civill Lawes by what we have said in the third Chapter Artic. 11. and therefore supreme Commanders that in taking revenge and punishing they must not so much regard the past evill as the future good and they sin if they entertain any other measure in arbitrary punishment then the publique benefit but where the punishment is defined either by a Law prescribed as when it is set down in plain words that he thâ—t shall doe thus or thus shall suffer so and so or by practice as when the penalty not by any Law prescribed but arbitrary from the beginning is afterward determined by the punishment of the first delinquent for naturall equity commands that equall transgressors be equally punished there to impose a greater penalty then is defined by the Law is against the Law of nature For the end of punishment is not to compell the will of man but to fashion it make it such as he would have it who hath set the penalty And deliberation is nothing else but a weiging as it were in scales the conveniencies and inconveniencies of the fact we are attempting where that which is more weighty doth necessarily according to its inclination prevaile with us If therefore the Legislator doth set a lesse penalty on a crime then will make our feare more considerable with us then our lust that excesse of lust above the feare of punishment whereby sinne is committed is to be attributed to the Legislator that is to say to the supreme and therefore if he inflict a greater punishment then himselfe hath determined in his Lawes he punisheth that in another which he sinned himselfe XVII It pertaines therefore to the harmlesse and necessary liberty of subjects that every man may without feare enjoy the rights which are allowed him by the Lawes for it is in vain to have our own distinguisht by the Lawes from anothers if by wrong judgement robbery theft they may bee again confounded but it falls out so that these doe happen where Judges are corrupted for the fear whereby men are deterred from doing evill ariseth not from hence namely because penalties are set but because they are executed for we esteeme the future by what is past seldome expecting what seldome happens If therefore Judges corrupted either by Gifts Favour or even by pitty it self do often forbear the execution of the Penalties due by the Law and by that meanes put wicked men in hope to passe unpunisht honest Subjects encompast with murtherers theeves and knaves will not have the liberty to converse freely with each other nor scarce to stirre abroad without hazard nay the City it self is dissolved and every mans right of protecting himself at his own will returnes to him The Law of Nature therefore gives this precept to Supreme Commanders that they not onely doe righteousnesse themselves but that they also by penalties cause the Judges by them appointed to doe the same that is to say that they hearken to the complaints of their Subjects and as oft as need requires make choice of some extraordinary Judges who may hear the matter debated concerning the ordinary ones CHAP. XIV Of Lawes and Trespasses I. How Law differs from Counsell II. How from Covenant III. How from Right IV. Division of Lawes into Divine and Humane the Divine into Naturall and Positive and the Naturall into the Lawes of single-men and of Nations V. The Division of humane that is to say of Civil Lawes into Sacred and Secular VI. Into Distributive and Vindicative VII That Distributive and Vindicative are not species but parts of the Lawes VIII All Law is supposed to have a penalty annexâ— to it IX The precepts of the Decalogue of honouring Parents of murther adultery theft falsewitnesse are Civill Lawes X. It s impossible to command ought by the Civil Law contrary to the Law of Nature XI It s essential to a Law both that it self and also the Lawgiver be known XII Whence the Law-giver comes to be known XIII Publishing and Interpretation are necessary to the knowledge of a Law XIV The Division of the Civill Law into written and unwritten XV. The Naturall Lawes are not written Lawes neither are the wiâ—e Sentences of Lawyers nor Custome Lawes of themselves but by the consent of the Supreme Power XVI What the word Sinne most largely taken signisies XVII The definition of Sin XVIII The difference between a Sin of Infirmity and Malice XIX Vnder what kind of sinne Atheisme is contained XX. What Treason is XXI That by Treason not the Civill but the Naturall Lawes are broken XXII And that therefore it is to be punisht not by the right of Dominion but by the right of War XXIII That obedience is not rightly distinguisht into active and passive I. THey who lesse seriously consider the force of words doe sometimes confound Law with Counsell sometimes with Covenant sometimes with Right They confound Law with Counsel who think that it is the duty of Monarchs not onely to give ear to their Counsellours but also to obey them as though it were in vaine to take Counsell unlesse it were also followed We must fetch the
of both are alike but because Cities once instituted doe put on the personall proprieties of men that Law with speaking of the duty of single men we call naturall being applyed to whole Cities and Nations is called the Right of Nations And the same Elements of naturall law and Right which have hitherto been spoken of being transferred to whole Cities and Nations may be taken for the Elements of the lawes and Right of Nations V. All humane law is civill For the state of men considered out of civill society is hostile in which because one is not subject to another there are no other Lawes beside the dictates of naturall reason which is the divine Law But in civill government the City onely that is to say that man or Court to whom the supreme power of the City is committed is the Legislator and the Lawes of the City are civill The civill Lawes may be divided according to the diversity of their subject matter into sacred or secular sacred are those which pertain to Religion that is to say to the ceremonies and worship of God to wit what Persons things places are to be consecrated and in what fashion what opinions concerning the Deity are to be taught publiquely and with what words and in what order supplications are to be made and the like and are not determined by any divine positive Law For the civill sacred Lawes are the humane Lawes which are also called Ecclesiasticall concerning things sacred but the secular under a generall notion are usually called the civill Lawes VI Again the civill Law according to the two offices of the Legislator whereof one is to judge the other to constrain men to acquiesce to his judgements hath two parts the one distributive the other vindicative or penall By the distributive it is that every man hath his proper Right that is to say it sets forth Rules for all things whereby we may know what is properly ours what another mans so as others may not hinder us from the free use and enjoyment of our own and we may not interrupt others in the quiet possession of theirs and what is lawfull for every man to doe or omit and what is not lawfull Vindicative is that whereby it is defined what punishment shall be inflicted on them who break the Law VII Now distributive and vindicative are not two severall Species of the Lawes but two parts of the same Law For if the Law should say no more but for example whatsoever you take with your net in the Sea be it yours iâ—s in vain For although another should take that away from you which you have caught it hinders not but that it still remains yours for in the state of nature where all things are common to all yours and others are all one insomuch as what the Law defines to be yours was yours even before the Law and after the Law ceases not to bee yours although in another mans possession Wherefore the Law doth nothing unlesse it bee understood to bee so yours as all other men be forbidden to interrupt your free use and secure enjoyment of it at all times according to your own will and pleasure For this is that which is required to a propriety of goods not that a man may be able to use them but to use them alone which is done by prohibiting others to be an hinderance to him But in vain doe they also prohibit any men who doe not withall strike a fear of punishment into them in vain therefore is the Law unlesse it contain both parts that which forbids iujuries to be done and that which punisheth the doers of them The first of them which is called distributive is Prohibitory and speaks to all the second which is styled vindicative or paenary is mandatory and onely speaks to publique Ministers VIII From hence also we may understand that every civill Law hath a penalty annexed to it either explicitly or implicitly For where the penalty is not defined neither by any writing nor by example of any one who hath suffered the punishment of the transgressed Law there the penalty is understood to be arbitrary namely to depend on the will of the Legislator that is to say of the supreme Commander For in vain is that Law which may be broken without punishment IX Now because it comes from the civill Lawes both that every man have his proper Right and distinguisht from anothers and also that he is forbidden to invade anothers Rights it followes that these Precepts Thou shalt not refuse to give the honour defin'd by the Lawes unto thy Parents Thou shalt not kill the man whom the Lawes forbid thee to kill Thou shalt avoid all copulation forbidden by the Laws Thou shalt not take away anothers goods against the Lords will Thou shalt not frustrate the Laws and Judgements by false testimony are Civill Lawâ—s The naturall Lawes command the same things but implicitly for the law of nature as hath been said in the 3. Chap. Art 2. commands us to keep contracts and therefore also to performe obedience when we have covenanted obedience and to abstaine from anothers goods when it is determin'd by the civill Law what belongs to another but all Subjects by the 13. Art of the 6. Chap. do covenant to obey his commands who hath the supreme power that is to say the the civfll Lawes in the very constitution of government even before it is possible to break them For the Law of nature did oblige in the state of nature where first because nature hath given all things to all men nothing did properly belong to another and therefore it was not possible to invade anothers right next where all things were common and therefore all carnall copulations lawfull Thirdly where was the state of Warre and therefore lawfull to kill Fourthly where all things were determined by every mans own judgement and therefore paternall respects also Lastly where there were no publique judgements and therefore no use of bearing witnesse either true or false X. Seetng therefore our obligation to observe those aws is more ancient then the promulgation of the Laws themselves as being contained in the very eonstâ—tâ—tion of the City by the vertue of the naturall Law which forbids breach of Covenant the Law of nature commands us to keep all the civill Laws for where we are â—tyed to obedience before we know what will be commanded us there we are universally tyed to obey in all things whence it followes that no civil Law whatsoever which tends not to a reproach of the Deiâ—y in respect of whom Citieâ— themselves have no right of their own and cannot be said to make Lawes can possibly be against the Law of nature for though the Law of nature forbid theft adultery c. yet if the civill Law command us to invade any thing that invasion is not theft adultery c. For when the I acedemonians of old permitted their youths by a certaine