an Intellectual creature 3. All Virtue is either Theological Moral Humane Familistical How manifold is Virtue Personal or Prudential 4. Virtue being by the definition the Dictate of Right reason from From whence Theological virtue is derived some superior cause or notion Theological virtue is a Dictate of Right reason from some revelation of God in the Scriptures which otherwise had been impossible for any man by the light of humane nature to have attained to By Theological virtues I do not mean only those three most eminent virtues of Faith Hope and Charity but all those actions of obedience due to them who have oversight of me in the Lord as a Christian and to whom I owe my obedience not by any Law of Nature but as commanded by God in the Scriptures 5. Moral Virtues are those Dictates of Right reason which flow from What are Moral virtues and from whence derived What are Humane virtues and from whence caused What are Familistical virtues What are Personal virtues that light of Nature engraven in the minds of Men for the conservation of peace and society among Men so long as they live in this world 6. Humane Virtues are those Dictates of Right reason by which Subjects Wives and Children conform their actions to the Laws or Precepts of Supreme powers Husbands and Parents 7. Familistical Virtues are those actions of Servants done in conformity to the commands of the Masters of Families 8. Personal Virtues are those actions which are dictated to divers men from principles of innate good nature of Temperance Continency Patience Liberality and Frugality whose contrary extremes are vices and sins 9. Prudential Virtues are not dictated from any Divine or Humane What are Prudential virtues and from whence derived Laws but from some Principles known to the understanding which are more or less as men are more or less intelligible whereby some Princes govern more prudently then others and some Masters of families govern their servants more prudently then others And these Virtues have not reference only to the government of Men but to other actions as Prudence in managing of an Estate is a Virtue or in mens governing their actions so that they are esteemed and not despised by other men are Virtues yet these actions are no where commanded or forbidden by any Divine or Humane Laws These Virtues are always placed in Empire not in Obedience 10. God having made Man a rational creature and endued him with The ratio finalis of all virtues and how they differ First of Theological virtues an immortal Soul capable of eternal happiness hath revealed himself supernaturally in the Scriptures to Men as reasonable creatures so that they directing their actions conformable to his precepts therein contained might by faith or believing on him hope for eternal happiness 11. The end of all Moral Virtue is that men may preserve peace and The end of Morality society so long as they live in this world And God hath made Man a sociable creature as well as intellectual and rational and therefore hath engraven these eternal and immutable Laws of Nature in the minds of all mortal men that by conforming their actions thereunto they might preserve peace and society with men And though these of themselves are not sufficient to pully man up to eternal happiness yet let no man hope that despising these Laws of the great God of Nature upon a pretended Faith he shall ever attain it 12. But because the Law of Nature does oftentimes command in Thesi The end of humane virtue only and Humane Laws ex Hypothesi as Thou shalt not steal and shalt give every man his due is from the Law of Nature but that this thing is mine and that thing another mans is by positive Humane laws So though Moral virtues be always the same yet Humane virtues differ accordingly as Laws in divers places are different Thus it is a Moral virtue in Wives and Children to honor and obey their Husbands and Parents but as a Humane virtue the doing of such a thing may be Virtue at one time and Vice at another as it is commanded or forbidden by the Husband or Parents So that Humane virtues in Subjects Wives and Children are necessary to the conservation of society where the laws or principles of such actions are not plainly repugnant to Divine laws 13. The end of all Familistical virtue is that Servants by all just and The end of Familistical virtues lawful means intend the good of their Masters and make no dissentions or discontents in their Families 14. God having made man after his own image as well in body as in The end of Personal virtues soul for He that sheds mans blood by man shall his blood be shed for in the image of God made he man It is not therefore to be expected that any man should without sin against God abuse the highest and noblest part of Gods creation All men therefore in the first place ought by all just and lawful means to do well to themselves and not by any excess or intemperance to abuse that body which God hath made in his own image 15. Theological virtues relate to the attaining of Eternal happiness The difference between Theological Moral Humane Familistical and Personal virtues Moral Humane and Familistical to the conservation of society and peace in their several places Personal virtues to the preservation of that body which God hath entrusted every man with keeping so long as he lives We have spoken of the end and difference of Prudential virtues Parag. 9. 16. In all prudent and profitable actions Prudentis est fortunam semper Whether just and moral actions or virtues are to be enquired into by fortune as are Prudential in concilio adhibere But that man who directs his just and moral actions to Fortune or the time and tide of mens affections shall soon be accounted a Weathercock and Time-server In all prudent actions or virtues there is no other obligation or penalty more then the reward or profit of the action and loss for the folly of imprudent actions But in just and moral actions men must consider their duties not profit and are obliged to them notwithstanding temporal loss or trouble CHAP. IV. Of Particular Moral Virtues 1. SInce that the Law of Nature is That there is one God infinitely Religion is the first and chief of Moral Virtues good to be worshipped and served and that all men should in their several stations endeavor by all just and lawful means to preserve Peace and Society in this World Then is Religion or the Publick Worship and Service of a Deity the first and chief of all Moral Virtues and so conspicuous was this Virtue in all ages and places to good men by the Light of Nature onely that it was always their first care to be in a Society of Men where God however misplaced in an Oak Osiris Iris Jupiter Apollo
in derogation to Christian Faith or Religion they might plead Conscience because the Obedience they owe thereunto is superior to all Humane Laws But when as God is to be publickly Worshipped and your Majesty obeyed by the light of Humane Nature whenas he that heareth and obeyeth not the Church is to be accounted an Infidel and Heathen man and neither your Majesty nor Church enjoyning any thing contrary to the Law of Nature or Gods Will revealed in Scriptures but conformable to these for men your natural Subjects and Born and Baptized in a Christian Church in contradiction to all these to plead Liberty of Conscience to be Atheists Hypocrites and Schismaticks is such a monstrous Paradox as is not imaginable should proceed from reasonable creatures not aiming at some further mischief And when your Majesty shall with bleeding tears reflect upon the manners of these men thus pretending Liberty of Conscience you will finde them never to have made any conscience of Liberty their Manners no whit better then their Religion but as great enemies to Humane Society as Christian Religion For they no sooner upon pretence of Liberty of Conscience got licence of action but what followed Rapine Plunder Sequestration Sacriledge Regicidism and Murder upon the Estates of the Church Crown and the Sacred Person of your Royal Father and the principal members of Church and State who were your best and most Loyal and their Fellow-Subjects when as by the Law or Light of Nature no man ought to do that willingly to another which he would not have done to himself Nor is this humor only Topical or confined within the limits of your Dominion but wheresoever men would not pay the Duty they ought to God in the first Table they have never better perform'd that to their neighbor in the second although it hath not pleased God to permit them to attain such a degree of Impiety as here in your Majesties Dominions and your Majesty may believe it that the times are changed not these mens manners and dispositions to attempt the like again whensoever they get an opportunity however these things at present will be better cured by your Majesties Christian Patience and example then by your severe Execution of the established Laws against them yet if the Laborer be worthy of his Hire then is he who is Hired worthy to Labor and these men who pretending Conscience neglect or refuse to perform the Duties of the Church are utterly unworthy the Means of the Church Mans necessity is Gods oportunity It is Gods usual way in his Providence doubtless to manifest the greatness of his Power to us Mortals here below when mens extremities are at the highest then to relieve them having it may be the least reasons or hope to expect it and indeed what less then the power and grace of God in a Christian Prince so Religious so Just so Merciful and so descended at such a time could have cured the wide wounds of our miserable Church and distracted State D'avila reports of Coligny the Admiral of France that he would usually prefer himself before Caesar or Alexander because they acquired greatness by prosperous Fortune whereas notwithstanding that Fortune was always adverse to him he still rose more formidable and terrible to his adversaries Sure it is an admirable thing that after all the adversity of your Affairs God should without force or blood exalt your Sacred Head above the Storms and Waves of such Enemies who had neither Religion Law Justice or Reason but only force and blood in stead of and against these to maintain their Cause It cannot but be a consolation to any man in adversity rightly considering how God in the ordinary nature of things does afflict men who place happiness in things of this world and reward the afflictions of men especially who suffer for a good Conscience even in this world for no man placeing happiness in things here below can so enjoy them but necessarily a time will come when he shall say I take no pleasure in them and then it will be miserum fuisse beatum whereas other men who are afflicted and suffer persecution are no ways affrighted at the terrors of death but rather with joy expect happiness in another world after they shall be freed from the cares and troubles of this or if it pleases God to free them from their afflictions here then they truly convert miserum fuisse beatum into beatum fuisse miserum Besides your Majesties individual happiness in making so right construction of your precedent affections and the advantages you have acquired by your severe education therein your Subjects like men who have been long sick will better learn to esteem health from their many sufferings in your absence will for the future learn to set a truer estimation upon your Prosperity and Presence And may the God of Peace the God of Mercy and the God of Justice so Crown the antecedent adverse fortune of You Sir the most Peaceable the most Merciful Just and best of Princes that being as Good and Just as Trajan and as Devout and Religious as Constantine the Great or Theodosius the first you may be of your Subjects as beloved as was Augustus and the Arbitrator of Christendom as well as Defender of the Christian Faith And when this your Diadem shall descend to your next Heir you may then assume a Celestial one which shall never be subject to time variation or chance Which is and always shall be the daily Payer of SIR Your most Devoted and most Obedient Subject ROGER COKE OBSERVATIONS UPON Mr THO WHITE 's GROUNDS OF Obedience Government Mr HOBBS his BOOK De Cive AND UPON HVGO GROTIVS De Jure Belli Pacis Prematur nunquam Opprimitur veritas Nulla res magis operae pretium est sive ad utilitatem fructuosior sive ad animi voluptatem jucundior esse potest quà m Justitia quâ quidem post Deum Immortalem rerum omnium Publicarum Fundamenta nituntur Corruptio verò optimi est pessima By ROGER COKE LONDON Printed by T. N. for G. Bedel and T. Collins at the Middle-Temple Gate 1660. TO THE READER I Have often with great admiration considered in my self how that all men good and bad rich and poor noble and ignoble have with one voice commended Virtue and decried Vice and yet scarce any man in a thousand hath made Virtue the rule or reason of his actions Nor is it a thing less worth admiration to consider how that all men generally have not only a natural spight against their Superiors and are unwilling to obey them but also a propense desire to attain to Liberty and do tread under foot all things which may be called sacred to the attaining thereof and yet at no time or place in the world did ever men accomplish it I did therefore conclude with my self that not only all Moral Virtue but Humane Society did proceed from higher then any humane or voluntary causes
compos mentis and tell him he would instruct and teach him the most excellent dictate of Reason in the world viz. That there is one God infinitely good who is to be worshiped and served by man And that this God requires of every man that in that state wherein he hath made him he would not willingly do that to another which he would not have done to himself would not this poor ignorant man deride this Master of Reason and tell him he knew this as well as himself But suppose he should be so impudent as to deny this since Grotius is not in case I would desire Mr. Hobbs to prove it or give a right reason thereof and learn this man his Dictate of Right reason Well but let us see whether this Canting thing be worth the name of a Definition Omnis definitio est exclusio aequivoci If the Law of Nature be the Dictate of Right reason then does the Law of Nature exclude every thing else from being the Dictate of Right reason or this cannot be the definition of it I would know now of Mr. Hobbs whether all Arts and Sciences and Prudent actions be the Laws of Nature or not If they be the Laws of Nature then is every Inscientifical and Imprudent man an Unjust man If they be not the Laws of Nature and so not the Dictates of Right reason then let Mr. Hobbs shew what else does dictate them Nor is Mr. Hobbs less happy in defining a Pact upon which he grounds his Civitas It is just therefore that this man who Cap. 18. Art 4. makes all Science to be from Definitions only or Subjects without Predicates without which it is impossible there can be a Proposition and all Science to be from the memory which is common to all Beasts as well as Mr. Hobbs for so the Oxe knows his owner and the Ass his masters crib it being only retained in the memory excluding the Understanding should so rashly define things and understand them no better To believe there is a God to be worshiped and served and that no man should wilfully in that state and condition wherein God hath made him do that to another which he would not have done to himself is that Law which God hath engraven in the mindes of all mortal men wise and unwise learned and ignorant noble and ignoble in their wits and is the foundation and basis of all Humane society And this is that first and universal cause from which all moral virtues the dictates of Right reason from this cause do more genuinely and naturally flow then any Proposition in Geometry does from the Axiomes or Principles of it For what man is there in this world of what estate and condition soever but desires not to be wronged and injured Let not him then in that state wilfully wrong or injure any other of what estate soever If he be a Subject and desires to be protected in his life and fortune by the Laws of his Country from the violence and oppression of other men let not him abuse or violate the Laws of his Country to the wrong or oppression of another If he desires every man should keep promise and do justly by him let not him break his word and deal unjustly with another Is he a King he would not willingly be disseised or oppressed by another let him not therefore disseise or injustly oppress another Does any King desire not to be invaded or oppressed by his Subjects let not him therefore oppress his Subjects If he had been a Subject he would have desired protection from his Prince by an equal and moderate distribution of known Laws let him therefore equally moderately govern his Subjects by known Laws And from this Law did always men desire though ignorant of the manner to worship and serve GOD although they misplaced the Deity in the Sun Moon an Oak Apollo Jupiter c. And this is that Law which shall judge and condemn the immoral actions and vices of men in all Ages especially in this latter Age because they sinned against the Light or Law of Nature engraven in the minds of all men Now whether these men being Christians in name yet having cast off all Christian society and not being of any Christian church or religion that I ever heard of should not be content here but although they scarce agree in any thing else proceed so far as to make the Laws of God subject and depending upon the reasons and phantasies of men and not to tell them where their reasons shall begin if not at the Laws of God but every man left to go a whoring after his own inventions For what can then restrain man where his Reason is become superior to the Laws of God and to make all humane society to have its origination from the pacts and wills of men have not been as great enemies not only to Christian religion but also to all humane society as the malice of the Devil could invent let any sober unbiassed man judge or if all the confusions and distractions in Christendom to the shame and scandal of Christianity have not had their origination from this pretence Nor hath this sensless resolution of all things into Reason ended only in the distractions of State but also been the first source and fountain from whence all these distractions and confusions in the Church have arisen without any possible hope of ever reconciling them where these principles are continued Hence it is that the venerable and highest Authority of the sacred Scriptures are become the subject of all Tavern-discourses and every man that scarce understands any reason must forsooth have a reason given him why the Scriptures are the Word of God And yet in all other Authorities whatsoever men will deride the folly of others who go about to prove them by Reason for Reason is begotten alwaies from Authorities and Principles and therefore cannot Authorities and Principles be begotten from Reason I have been often almost astonished to consider how such sensless blasphemous and ridiculous things should meerly from the authority of the Assertors be imposed upon and received by the world without contradiction whereas narrowly looked into one would scarce believe the Authors had ever understood Logick or one leaf in Aristotle And for my part if I could not ultimately resolve the Dictates of my Reason as a Christian into plain places of Scripture so well as any Geometrician could any Proposition of Geometry into the Principles of Euclids Elements I would be content to let them wander for ever without any termination rather then admit them the Scriptures to be a creature of a creature and the subject of every wild phantastical conceit and opinion And if I could not ultimately resolve the reason of all my moral actions as a man into the Law of Nature which God has engraven in mens minds and not into the wills of men I would be content to conclude with Carneades that men have at divers times
Ratiocination and no reason can be given of it for Mens sive Intellectus sit principiorum Scientia verò cum ratione conjuncta Dictamen therefore rectae Rationis cannot amount higher then rightly to infer or conclude from prime causes or principles and by consequence cannot be the Law of Nature or God if Mr. Hobbs cannot give something prime or superior to it from whence it may be inferred or deduced And if the Laws of Nature or God be the dictates of right Reason then are the Laws of God the Creator subject and inferior to the faculty of a creature which is not only absurd but most monstrous and blasphemous 7. But because to bind and to be bound cannot be in the same thing Cap. 2. art 5. 13. he makes obligans him who accepts the will of other men and obligatus him who does will and so forsooth is become bound by his own will Observ And had not this man more need to learn his Grammar better who makes obligans the patient and obligatus the agent then undertake to write Elements Philosophical De Cive whereas the contrary is true in both for obligans is he who doth will and obligatus is he who accepts or receives the will of another 8. The action of two men or more mutually transferring their Rights is Cap. 2. art 9. called a Contract Observ There was never I think two more gross mistakes committed in so few words For first he takes the fulfilling of a Contract for the Contract it self A Contract is the mutual stipulation of two or more that they will do or give and the mutual transferring of what is contracted for fulfills and adnulls the Contract and there have been and will be infinite Contracts where there is no transferring nay where there is a mutual transferring there can be no Contract Secondly no Contract can be of Rights but only of things in possession The act of two or more mutually transferring is the act of two or more giving not contracting In every Contract either both statim perform that which is contracted for Ibidem or one performs and the other is credited or neither perform Observ So that the Contract and the Performance are diverse things which immediately before he confounds Nor can his statim at all help him for the Contract must precede and the Performance be subsequent it matters not how much or little time for Majus minus non variant speciem Secondly If one may perform and the other be credited or neither perform then there may be Contracts where there is no mutual transferring which is absurd by his definition Where both soon after statim perform there the Contract so soon as it is performed is fulfilled or finished Observ Sure he takes great virtue to be in statim which makes a Contract and the annulling and fulfilling of a Contract to be the same thing Where one or both are credited there he cui creditur promiseth that he will afterwards perform such promise is called a Pact Observ I do wonder therefore from whence his una persona or una curia can derive their supreme power whenas nothing can pass from either or neither part by vertue of the civil pact And no doubt this Civitas will be a noble structure built upon such a foundation wherein I think no man did ever pronounce so much in so little more rashly 9. We are freed from Pacts by two things either when the Pact is performed Cap. 2. art 15. or forgiven Observ Therefore in the Civil pact if any Right passes from the Subject to the Supreme power then hath the Subject performed his pact and so becomes freed from his subjection 10. No man by his Pact is obliged to an Impossibility Cap. 2. art 14. Observ And therefore can no Supreme power be derived from the Pacts of men For where there is not Jus vitae necis there can be no Supreme power and no man hath a power over his own life and therefore no man can give it or transfer it to another 11. No man can be obliged by his Pact not to resist him who brings or intends damage to his body Art 18. Observ And therefore no penal Laws can be executed but Subjects are freed from their obedience whensoever they have so far transgressed Laws that they become liable to any corporal punishment for where men may resist there can be no subjection 12. Men must not resist where they cannot obey Princes because it is against Cap. 18. ar 13. the Civil pact Also by this article Men must suffer martyrdom rather then resist which is absurd by art 18. cap. 2. for martyrdom brings corporal punishment with it 13. An Oath adds nothing to the obligation of a Pact or Contract says Cap. 2. art 22. Tho. Hobbs Observ But if Perjury be a greater crime then single Falshood then no doubt but a man is more obliged to perform a Pact or Contract to which he hath sworne then he who hath not and a man may see many men afraid to forswear themselves who make no conscience of telling a lye And if no man be obliged by an Oath then is an Oath nothing but the taking of Gods name in vain and it had been a vain thing in Abraham to have made his eldest servant swear by the Lord God of heaven and the God of the earth that Gen. 24. 2 3. he should not take a wife to his son of the daughters of Cannaan 14. The second Law of Nature is Men must stand to their pacts Cap. 3. art 1. Observ Every Man is obliged to his promise by the Law of Nature and all Men are obliged to their pacts by the positive humane Laws of every place where they made them And to suppose that the Supreme power of any place is made from the pacts of Men and that Men are obliged to their pacts by the supreme Power of that place is absurd and Idem per Idem 15. See how learnedly he proves from Scripture the abolishing of Mens common Right to all things he cites Gen. 13. 8. And Abraham said to Lot let there be no strife I pray thee between thee and me and between my Cap. 4. art 4. Herdsmen and thy Herdsmen behold the whole Land is before thee depart from me I pray thee Observ Verse 7. is And there was a strife between the Herdsmen of Abrams cattel and the Herdsmen of Lots cattel So then before the abolishing of the common Right of all things Abram and Lot had property in their Servants and Cattel which is absurd and impossible for nothing can be common and proper 16. The succession was due to Esau by the Law of Nature being the Cap. 4. art 15. prope finem Observ eldest son of Isaac if he had not sold it or his Father otherwise appointed Yet he saies truly Cap. 3. Art 29. the Laws of Nature are immutable and here he saies
Right or Law ab hac Grotius juris significatione flowed another larger which he saies a little after consists in discerning what delights or hurts us and in judging how things should be wisely distributed Observ What is there in this which is proper to Man does not every other Creature by an instinct in nature which God has given instead of reason discern much better then any Man does what thing delights and hurts them and all oviparal creatures more wisely distribute to their young ones then the wisest Man can to his Children He defines jus naturale to be Dictatum rectae rationis indicans actui Lib. 1. cap. 1. para 10. alicui ex ejus convenientia aut disconvenientia cum ipsa natura rationali inesse moralem turpitudinem aut necessitatem moralem ac consequenter ab auctore naturae Deo talem actum aut vetari aut praecipi The Law of nature is the dictate of right reason shewing to any action from its convenience or disconvenience with Rational nature that there is in it a Moral turpitude or a Moral necessity and consequently such an act is commanded or forbidden by God the Author of Nature Observ Would not any man after all this adoe expect that Grotius had defined something But if definitio be exclusio aequivoci then is that no definition which may signifie one thing as well as another and if humane actions convenient or disconvenient with Rational nature may be prudent and profitable aswell as Just and Moral then is there not in every action convenient and disconvenient with the Rational nature a Moral turpitude or necessity and so every such action is not the Law of Nature and so neither commanded nor forbidden by God But I forgive Grotius in this not having defined any thing less equivocally as also his every where confounding jus with lex in regard the Romans Civilians and generally Lawyers do so yet thus much I do affirm that if jus and lex according to Calepine do differ as Genus and Species or at least as the cause and effect for it is impossible there should be lex lata where there was not jus legislativum superior and the cause of the Law then he which writes of these things must distinguish and define them or he shall never write clearly or be clearly understood in any thing which he writes of them But though he makes jus naturale to be dictatum rectae rationis viz. a liberty or abstinence to every Man to do or not do whatsoever is reasonable Lib. 1. cap. 1. Parag. 10. to him and that this jus is the Law of God and unalterable by God himself yet without giving any reason for it he saies Sciendum est praeterea c. It is to be further known that natural Right or Law does not only act concerning those things which are above a Mans will but concerning many things which follow a mans will So Dominion which is now brought in use mans will brought in But being brought in it is wickedness in me to take against thy will that which Natural law or right Jus naturale shews to be of thy dominion Observ So that his Principles before were either equivocal or obscure And here is one which signifies contradictory and impossible things These things therefore granted and being the easie and known Principles upon which Grotius laies his foundation and so plain and perspicuous as no exception nay not so much as equivocation can be taken against them any of them or any part of them Sure he shall not need much to use the help of Geometry to build a most exact and noble Structure which shall not only be a Land-mark but also a Sea-mark for all Kings and Common-wealths now and hereafter to govern and steer their actions by tam per mare quà m per terram as well by Land as Sea but also a secure Rule for Subjects to continue their obedience until they pretend a necessity for rebellion if otherwise they cannot find some relief out of such popular Orators as Cicero Demosthenes Cleon c. which Grotius shall esteem of like weight with any testimony of Scripture It is a most pleasant thing to see the excellencie of Truth in her pure and simple nakedness how plain easie and beautiful she appears whereas Falshood with all the art learning and industry of man is still rendred more perplext confused and dark by how much is added to it And therefore to what a volume here has Grotius increased his Jus Naturale Sometime it is Jus divinum voluntarium jus divinum jus humanum jus humanum voluntarium jus gentium jus civile jus latius patens jus arctius patens jus constitutum jus immutabile jus commune jus gladii jus divinum perfectius jus belli solenne jus belli minus solenne jus precarium jus revocabile jus usufructuarium jus temporarium jus armorum movendorum magistratuum minorum jus naturae pro certo statu jus rectorium jus aequatorium jus superveniens regis jus externum jus internum jus exterorum supervenienti dominio jus pignoris jus retentionis jus servitutis jus luendi pignoris jus transeundi jus morandi jus habitandi jus habendi loca deserta jus reductive jus restrictive jus gentium improprie jus derelictum jus quaesitum jus feciale jus externum efficax jus reale jus inventionis jus primi occupantis jus proprietatis jus possessionis jus dominii jus herile jus paternum c. Whereas if he had made use of that plain and short Sentence which the greatest Glory of all the Heathen Roman Emperors professed he learned Alex. Severus of the Christians Quod tibi fieri non vis ne feceris alteri it would have signified infinitely more then is contained in all the confused obscurity which he imposes upon the world in this Book De Jure Belli Pacis founded upon this false and feigned Principle of the Original right and power of the People from whence he derives all power in Government For art thou a Subject thou wouldest not willingly any man should forceably or fraudulently take any thing which the Law has given thee from thee Do not thou so by another Is he a King he would not have his Subjects wronged by another Let not him wrong another Kings Subjects If one Subject does another wrong the Law is open he who is wronged may have relief by Action or Complaint not by Arms. If one King does wrong to another he who is wronged has God and his sword to defend himself and do justice upon his Adversary And whether the doing or not doing such a thing be wrong or injury is every King and not Grotius Judge and God the Judge of every King It is true that in all Faculties whatsoever and in all Arts and Sciences men must use Terms to express what they conceive by any general Notion and Thesis Et ab universalibus ad particularia ratiocinando oritur scientia and must alter their Terms
Democracy of Sedition and the causes of it Of the Fathers Husbands Masters and Ecclesiastical Power The Third Book treats of Subjection Succession and the Municipal Laws of this Nation The Fourth Book treats of Justice Obedience Judgment and Equity The Fifth Book treats of the first Planting of Christianity under the British and Saxon Kings and of the Freedom of the British and English Churches before the Conquest and how far the Kings of England had exercised their Ecclesiastical Jurisdiction and how both British and Saxon Kings had been Nursing-Fathers to the Church of Christ and how far since the Conquest the Kings of England had exercised their Jurisdiction in the Assertion of their Regal Power in defence of the Church until Henry the 8th and of the Reformation made by Hen. 8. Edw. 6. Queen Elizabeth and of the Ecclesiastical Laws made by them Queen Mary King James and King Charls A more particular Survey of the Contents of the First Book Chap. I. THe First Chapter not onely treats of those Rights which must necessarily precede all Humane and Ecclesiastical Laws but also of those Rights which are created by Humane Laws Chap. II. Treats of Divine Humane Ecclesiastical and Despotical Laws and from whence they are derived Chap. III. Shews what Virtue is and the causes of all Theological Moral Humane Prudential and Personal Virtues Chap. IV. Treats of Particular Moral Virtues and Chap. V. Proves them to be commanded by God in the old and New Testament Chap. VI. Demonstrates the Obligation of Divine and Humane Laws upon the Persons and Consciences of Men. Chap. VII Is of Promises Vows Leagues Pacts or Contracts and Gifts and from whence Men become obliged to them and does demonstrate that it is impossible that any Law or Legislative Right can arise from the Pacts or Contracts of Men which concludes the First Book DEFINITIONS JUs is a Right Due or Property in God principally and absolutely or in some Jus quid Man or Men by some Divine or Humane Law excluding all others but him or them from whom it is derived First All Right is either Jus Divinum or Naturale and this Right is The Specifications of it onely primely and absolutely in God and incommunicable to any Creature Or Secondly Jus Humanum is a Right which Men have from the Law of Nature Or Thirdly Jus Ecclesiasticum a Right by which the Tribe of Levi did under the Old Law exercise their Priestly Office and Function and a Right by which Bishops Priests and Deacons among Christians do execute their Office and Functions Or Fourthly Jus Legale a Right which all Subjects have in their Estates and Goods And this Right is either Jus Proprietatis or Jus Usufructuarium 2. Nature is either that eternal Being which ever was in God which Men What is Nature call Natura Naturans Or that first Being which is in any Creature superior to the Will of any Creature and created onely by God and this Nature Men call Natura Naturaliter the depraved sinful Nature of Man was not originally created by God but afterward made by Man 3. Jus Naturae Naturantis is that Right which must necessarily precede What is Jus Naturae Naturantis What is Jus Naturae Naturaliter and create Lex Naturae 4. Jus Naturae Naturaliter is that Right which is created by the Law of Nature but because this Right is proper to Man onely we will call this Right a Humane Right As also that Power which is created by the Law of Nature although it be Natural Naturaliter yet being proper to Man we call it Humane Power 5. A Law is the declared Will of him who by right commands forbids or What is a Law permits athing together with a penalty annext for not observance Lex dicitur à ligando quia obligat says Isidore rightly Etymologie of Lex Common Notions or Axioms 1. ALL Right which any Man or company of Men have is derived either from the Law of Nature or some Divine Positive Law declared in the Scriptures or from some Humane Law or particular Custom which is always presumed to be created or permitted by Humane Laws 2. Humane Laws and Customs refer to some particular place or Countrey as they are permitted or imposed by the supream Power of that place or Countrey viz. By them who have right to impose or permit them 3. The Laws of Nature oblige all Men of all conditions alike without exception and are eternal and immutable by Man and are and always were connatural with all Men. 4. No Being can precede or be superior to the cause of its Being 5. All Causes are superior and precede their Effects THE FIRST BOOK CHAP. I. De Juribus 1. LEx Humana lata has by the second Notion no being Jus Humanum Legislativum is not from any Humane Law but as it is caused or created by him who has the Jus Legislativum Lex Humana lata therefore cannot by the Fifth Notion create Jus Legislativum 2. If Jus Humanum Legislativum were from Jus Humanum Legislativum is not created by Divine positive institution Divine positive institution then by the Fifth Notion must the Scriptures precede all Legislative Right but this is evidently repugnant not only to the Scriptures themselves who testifie not only the Right which Fathers and Husband have over their Children and Kings over their Subjects long before God revealed them by Moses but also this Lawgiving Right is in every place of the world whether the Scriptures be received or beleeved or not It is evident therefore that this Law-giving Right is not created from Gods positive Laws in the Scriptures 3. Jus Humanum Legislativum is not by the first Proposition from Jus Humanum Legislativum is from the Law of nature immediately any Humane Law by the second Proposition Jus Humanum Legislativum is not from Divine positive Laws Therefore by the first Notion Jus Humanum Legislativum is from the Law of Nature 4. By the third Notion the Laws of Nature are and alwaies were connatural Jus Ecclesiasticum is not from the Law of nature with Men but the Right which God gave the Priests under the old Law and to Bishops Priests and Deacons under the new Law hapned long since Men were borne in the world and therefore the Ecclesiastical Right of Bishops and Priests is not from the Law of Nature 5. If Humane Laws could create the Right of Ecclesiasticks then by Nor from any humane law the 2. Notion he who may by right create Humane laws might also create this Ecclesiastical right But this is evidently false for all Kings Fathers and Husbands have a right of creating Humane laws but none have the right of creating the Ghostly right by which Ecclesiasticks exercise their function or office This right therefore is not created by any Humane law 6. By the 4. Propos Ecclesiastical right is not from the
law of Nature All Ecclesiastical right is by divine positive institution By the 5. Propos it is not from any Humane law therefore by the 1. Notion it is by Divine positive law or institution 7. By the 2. Notion all Humane laws are made by men but it is impossible Jus primi occupantis is not from any humane law by the 4. Notion that men should make laws where no men are therefore cannot Jus primi occupantis be from any Humane law 8. This right of first possession not being only due before Gods revelation Nor from divine positive laws of himself in the Scriptures but also where they are not believed or received it cannot be by the 4. Notion from Gods divine positive laws 9. All Right by the 1. Notion being either from the law of Nature It is from the law of nature or some Divine positive or Humane law and this right by the 7. Propos not being from any Humane law and by the 8. Prop. not being from Divine positive laws it is by the 1. Notion due by the law of Nature It is proved lib. 3. cap. 11. that Subjection is natural and therefore no Annot. natural Subject can put himself out of the power of his Soveraign And by consequence this right of first occupying or finding by any Subject or Subjects is the right of the Soveraign in whose power such Subject or Subjects are and such Subjects are the Instruments of occupying or invention by which this right does accrue to the Supreme Power 10. Jus Gentium is a right which every Nation hath to send Ambassadors Jus gentium is from the law of nature to mediate Peace with any other although in publick hostility with them And this right not being topical but general by the 3. Notion it is from the Law of Nature 11. The Usufructuary right which separated persons for Gods divine The right which separated persons for the worship and service of God have to tythes is from the law of nature worship and service have to Tythes is not only general and therefore by the 3. Notion due by the Law of Nature but also being due and yet by no Humane Law and being due as well where Gods positive Institutions are not believed and received as where they are This right by the 1. Not. is due from the Law of Nature and by consequence the detaining of them by the Laity is a violence upon the Law of Nature for no Humane Law can dispence with the Law of Nature 12. The right of Subjects is either an Usufructuary right or a right Jus subditorum twofold Proprietatis or Usufructuarium is from humane laws of Propriety Jus Proprietatis is when any Subject or company of Subjects have by some Law a right to any individual thing excluding all other but him from whom this right is derived viz. the Supreme Power of the place An Usufructuary right is when any man or men have no right of Property to the thing but only a right to the profits arising from it as a Parson Vicar Judge and Fellows of Colledges have no Property in the Parsonage or Vicarage-house or glebes Judges place or Fellowships of Colledges And these rights neither being due from any Law of Nature nor any Divine positive Law are by the 1. Notion from the Temporal or Humane Laws of every Nation 13. Jura sanguinis nullo jure civili dirimi possint Nor is Primogeniture The right of Primogeniture is due by the Law of Nature only preferred where Gods revelation of himself in the Scriptures are received but where they are not received Their right therefore of Primogeniture is from the Law of Nature 14. It is true that Divine Laws oblige all men alike and so Humane No Divine or Humane laws give Right or Property to any man quà homo but quà talis Laws oblige all Subjects alike But the Right or Property created by Divine or Humane Laws by the Definition is in some man or men excluding all others but him or them from whom it is derived Right or Property therefore being such a mans excluding all others it cannot be where it includes all men either as Men or Subjects Thus the Legislative right is from the Law of Nature but every man as man hath not this Lawgiving right So Jus primi occupantis is from the Law of Nature but every man is not Primus occupans And so the right of Primogeniture but every man is not First-born c. And so Gods divine Laws in the Scriptures oblige all men alike but yet do not they give to all men alike the right of Preaching the Gospel Administration of Sacraments c. but only to such separated persons so qualified And so Humane Laws oblige all Subjects alike but they do not give Right or Property to all alike but to one man or more excluding all other 15. That is Right or Property which is such a mans or mens excluding How Community and Right or Property differ others That is Community which is common to one man as much as another as the Common Road the Air or Sea-water c. CHAP. II. Of Laws 1. AS in all Arts and Sciences there must be some Axioms and Principles Introduction which must prove those Arts and Sciences and these must be first granted and be the reason of those Arts and Sciences and yet no reason can be given of them before any man can deduce any thing from thence for no mans Reason can work upon nothing So in all just and legal actions there must always be some Law given which is superior to the Agents reason and the reason that such an act is just or legal and where there is no Law there can neither be Justice nor transgression It is not therefore the will or fancy of any Agent that makes any action just or legal but the doing of it in conformity to the precept of him who by right commands or permits it which makes it just and legal Et oportet neminem Regula sapientiorem esse legibus And if private mens wills judgments or reasons should be the rule of their actions what one Subject is there of a thousand that would be content with that condition wherein the Law has placed him It is not therefore what I or another judge fit or desire but the directing our actions in common to the rules and precepts of our Superiors by which we may hope to enjoy peace and unity and be before God Angels and Men truly accounted just and virtuous 2. All Laws may be divided into Divine Humane Ecclesiastical or Division of Laws Despotical 3. All Divine Laws are twofold either Natural engraven in the Divine Laws how manifold minds of all Mortal Men whereby they are to worship one God and by all just means to preserve peace with Men or supernatural viz. extraordinarily revealed by God in the Old and New Testament
4. All Divine Laws are created and derived from that divine and From whence all Divine Laws are derived eternal Right which was inseparably in God before any such Laws were created by him 5. Humane Laws are threefold viz. Secular Temporal or Civil such are the Laws of every Country or Gamacal viz. the Laws of the How manifold are Humane Laws Husband or Paternal viz. the Laws of Parents to their Children 6. All Humane Laws are derived from that Right or Power which From whence derived the Law of Nature creates in supream Powers Husbands and Parents 7. They are called Humane Laws because they are made by Men Why called Humane Laws who by the Law of Nature have a Right to make or create them 8. All Ecclesiastical Laws are derived from that Right or Power From whence Ecclesiastical Laws are derived which by divine positive institution our Saviour Christ left to his Church to continue untill his second coming again 9. Ecclesiastical Laws are so called because they only relate to the discipline of the Church and worship and service of God Why so called 10. Despotical Laws are derived from the Right or Power Despotical Laws from whence derived which every Master of a Family hath over his Servants which Right or Power is created by Secular or Temporal Laws of the place where the Family is 11. Two things must necessarily precede every Law or it hath no What must precede every Law Obligation viz. the Legislative Right and the Declaration of it So that Jus divinum is one thing and Lex divina another and Jus naturale is one thing and Lex naturae another And so is Jus Humanum and Lex Humana and Jus Ecclesiasticum and Lex Ecclesiastica And he that will confound these things cannot possibly ever write clearly upon the subject 12. Humane and Despotical Laws are vindicative or oblige to corporal What Laws are vindicative punishment in this world 13. Only Humane Secular Temporal or Civil Laws are distributive and create property among Men in their Estates What Laws are distributive 14. Neither Divine nor Ecclesiastical Laws are vindicative but oblige in Conscience only What Laws are neither distributive nor vindicative * How Men come to be punished Temporally for not observing Ecclesiastical Laws 15. Although Ecclesiastical Laws as we shall prove in the next chap. bind in Conscience only and therefore cannot impose any Corporal mulct or punishment yet the Secular Laws do as if a Man be excommunicated he shall have no advantage or relief in any plea by the Common Law a Lit. vil sect 201. and by the Common Statute Law whoso is adjudged an Heretick or Blasphemer shall be burnt yet neither Common Law nor Statute Law take cognisance of either Excommnication Heresy or Blasphemy before the Statute of the 2 H. 5. 7. In curia Christianitatis id est Ecclesiae in qua servantur leges Christi cum tamen in foro Regio servantur Leges mundi saies Linwood who saies moreover b Com. Stat. de circumspecte agatis That the Probate of Wills and Testaments de consuetudine Angliae not de jure communi belong to the Court-Christian But whether Linwood saies true or not Hen. 8. began by the Statute Law to encroach upon the Rights of the Church and by confounding the jurisdictions both of Church and State making himself head of both has opened such a gap to let in all Schisme and dissention that the Common-Lawyers and Statute-Laws have upon the matter devoured all Church-rites and power nor are either the Common or Statute-Laws now in much more esteem then the Ecclesiastical Nor is it less then a Divine judgment upon those men who have so extravagantly attributed both powers to be in the King Between Supreme Head and Supreme Governor I understand no difference for if the Supreme Governor hath not supreme power or right of command then necessarily must such a Governor be an Usurper or unjust Invader in words only but indeed in their practice have denied him the exercise of the one or the other power and ascribed them both to themselves and Courts subordinate to the King That these men I say should be themselves and all the Courts in as little esteem as Ecclesiastical Rites and Constitutions and the King God knows upon what account for no colour of pretence was ever yet so much as reasonably pretended violently restrained from the exercise of any either Ecclesiastical or Civil power among us Here do not I admit of Mr. Hobbs his division of Civil Laws into Sacred Annot. and Secular Did ever man before hear of Sacred Civil Laws Sacred Laws are those Civil Laws he says which belong to Religion that is Cap. 14. art 5. the Ceremonies and Service of God and are called Ecclesiastical Secular Laws are those he says which are wont to be called Civil by a general name For though Ecclesiastical Laws be made by Men and therefore not Sacred as he says yet is the power by which they are made from Divine positive institution and therefore cannot have any right or power from Civil or Secular sanctions which at highest cannot amount to more then Humane 16. A Law differs from Counsel as my Understanding differs from How a Law differs from Counsel my Will my Will is that which imperates all my actions my Understanding informs my Will whether the doing or not not doing such an act be good or bad just or unjust reasonable or unreasonable A Law is the declared will of him who by right commands Counsel the reason advice or discourse of them to whom he who by right commands refers any thing to be debated who are usually called the Council whether the willing or passing such a thing into a Law will be probably convenient or inconvenient either to him or his Subjects CHAP. III. Of Virtue 1. THat Virtue is not always placed in a mean between two extremes Introduction Virtue is not fited always in a mean between two extremes and those extremes to be Vices according to the opinion of the antient Philosophers I do subscribe to Mr. Hobbs cap. 3. art 32. de Cive And that from the reason he there gives viz. that Fortitude in a good cause is a virtue although it be in the extreme Nor does quantity in giving be it much little or indifferent make Virtue but the cause of giving To these may be added Gratitude and Patience Justice and Obedience which are not placed between any extremes But if I assent to Mr. Hobbs in this I cannot less dissent from him where cap. 3. he makes Virtues to be the Laws of Nature and cap. 2. art 1. the Law of Nature to be the Dictate of Right reason For 2. Virtue is the doing or forbearing any action as it is dictated by What is Virtue Right reason from the Law of a Superior or from some Notion known to
c. was publickly worshipped and served And men who were of no Religion were always stigmatised with the most opprobrious name of Atheists as the most vile of Men. * Flaminem assiduum Jovi Sacerdotalem creavit Liv. lib. 1. Numa Pompilius therefore in the first place took care for the institution of a Religion among the Romans and to this end he created a Priest who should daily offer Sacrifice to Jupiter And so zealous were the * Selden Annal Angl. lib. 1. c 4. Caesar de Bell. Gal. lib. 6. Gamb Brit. p. 12. Druides in the old age of our Ancestors before Christianity was planted among us in their Religion or Publick Forms of Worshipping of God that none but the Priests and Schollars might learn them nor would they commit them to Letters both because they would not have them divulged least they should grow contemptible by being exposed to the view of the rude and ignorant multitude as also that their Schollars might the better retain them in their memory * Nicias Orat. Thucid. lib. 7. Nicias as the chief Argument of his justification and hope of belief from the gods in his greatest adversity says ãâã ãâã ãâã ãâã ãâã I have worshipped the gods frequently according to Law And heretofore in the Church of England set Forms of Prayers were not onely ordained that her sons of her Religion might meet at publick times to worship and serve God but the Minister or Priest was obliged every day to offer up the publick worship and service of God whether there were any present but himself or not for all sorts of men in their several vocations and stations That as the fire upon the Altar among the Jews might never go out so among us Christians might no day pass wherein the Publick Service of God was not offered up for all sorts of men 2. That Men honor and obey their Superiors Subjects their Soveraigns Children their Parents Servants their Masters 3. That Men be not Tale-bearers or Back-biters but avoid evil communication 4. That Men do not make advantage of anothers weakness to his damage 5. That Man in all things keep his Integrity that is not to answer so Integrity to another as to deceive him by equivocation or mental reservation if it does not appear that there is evil intent in the question 6. That Men perform their promise made although it be to their hinderance Promise 7. That Men bear a grateful minde for benefits received that is that Gratitude they do not suffer him from whom they receive a benefit to be in a worse condition then he was before he conferred it And if they have not in their power wherewith to satisfie yet that they bear it so in their mindes as to be ready to satisfie to their power Some Creatures who are not endued with Reason do imitate this Virtue the Storks when their Parents are viete and broken with age do relieve them by feeding and providing for them wherefore the Greeks called the Stork ãâã ãâã ãâã ãâã ãâã Beneficiorum retributorem See Grotius Annotations upon his Preface De Jure Belli Pac. 8. That men do well to their Wives Children and others as by nature and affinity allied unto them 9. That men be merciful wherein men ought not so much to observe the quantum as the cause of shewing mercy or pitty 10. That in revenge men do not respect the evil past but minde the future good which may happen from the punishment 11. That they neither by deeds words or countenance use another contumeliously 12. That they be not high-minded or over-conceited of their birth person or parts 13. That they be lowly minded and modest 14. Not to accept or respect persons in judgment 15. Where no Law gives propriety there ought community to be 16. Those things which can neither be divided or used in common that the decision be by lot 17. That the first-born be preferred and the Male before the Female 18. * That no man endeavor c. For that which is any mans by Divine Institution cannot be aliened neither by his will nor the will of all the men in the world and therefore cannot Episcopacy or Priesthood after Consecration and Imposition of hands be transferred because they are by Divine Institution Yet whatsoever Bishop or Priest shall endeavor for reward or price to alien it or deny it for safety of his life may as well be esteemed a prophane person as Esau was That no man endeavor to transfer or alien by Pact or Promise that right which God by the Law of Nature or Divine Institution hath given him 19. That Protection be granted to Ambassadors and Mediators of Peace 20. That no man seek private Revenge for any supposed Injury 21. That Judgment be pronounced without hope of reward or for applause of men 22. That where Evidence of Fact does not clearly appear that they take information from Witnesses 23. That the Judge be indifferent not byassed to either party either by Natural relations or by any precedent Obligation 24. These Moral Virtues are commanded by the Moral Law and are most truly and properly so as they are revealed and declared to mankinde by God in the holy Scriptures For the Will of God commanding in the Scriptures that is in the Old and New Testament is in all things by highest right to be obeyed and followed And because God hath created man with an immortal and eternal Soul and does not will the death that is the eternal death of a sinner he offers every man grace who does not refuse it by preferring some other things to lay hold of those means which he hath revealed in them for the obtaining of his eternal happiness 25. But because a man cannot well bear all these Virtues in his minde The sum or cause of all Moral Virtues contained in the Second Table in every action which a man intends if he would know whether it be against the Law of Nature or not Let him suppose himself in place of him with whom he intends this action and if he be not willing that this thing should be done to him let him not do it to another for upon this short and easie rule Whatsoever ye would that men should do unto you do ye even so unto them depends all the Law and the Prophets Matth. 7. 12. CHAP. V. Moral Virtues are commanded by God in the holy Scripture 1. THe Lord said Speak unto Aaron and unto his sons saying On this wise Religion or the worshiping of God in a Publick set form was instituted by God under the old and new Testament shall ye bless the children of Israel saying unto them The Lord bless thee and keep thee The Lord make his face shine upon thee and be gracious unto thee The Lord lift up his countenance upon thee and give thee peace And they shall put my name upon the children of Israel and I will bless them Numb 6. 22
it is impossible they should receive their origination and first power from the Pacts and Contracts of Men For where there is no precedent humane Law obliging men can neither make Pacts Contracts or Gifts nor have any thing to give and contract for And to suppose that humane laws must precede and oblige men to thei Contracts and Pacts and that Contracts and Pacts must precede humane laws and give them their power is most manifestly absurd and contradictory THE CONTENTS of the Second Book Chap. I. HAving thus far treated of Rights and Laws which are the prime and efficient cause of all Humane Christian and Legal Society We in the first Chapter of this Book proceed to declare the Causes of all Society Chap. II. This Chap. shews the cause and end of Regal power Chap. III. Declares the attributes of it and incidently the causes of Magistrates power Chap. IV. Compares the three species of Government viz. Monarchy Democracy and Aristocracy wherein the excellency of Monarchy appears above either of the other as well by reason and experience as by the institution of God and consent of the world Chap. V. Shews the internal causes disposing men to sedition as well from the Party governing as from the Subjects or party governed Chap. VI. Declares the causes and attributes of the Fathers power And Chap. VII The causes and attributes of the Husbands power In this Chap. is demonstrated that though the Fathers and Husbands power be from the Law of Nature yet may the exercise of them be restrained by the Supreme power of any place without any wrong or prejudice to them which could not be done without a violence upon the Law of Nature if the Fathers and Husbands power were an institution of God and Supreme powers an institution of Man Chap. VIII Contains the causes and attributes of Despotical or the Masters power wherein is declared that if it be impossible for any man to make another his Master then necessarily is it impossible any man should make another his Prince or Soveraign Chap. IX Treats of the causes and attributes of Ecclesiastical power DEFINITIONS 1. SOciety Aristotle in lib. 1. Pol. cap. 5. truly defines to be made up of many What is Society divided parts or persons so that there must necessarily be Unum quid quod imparet alterum quod pareat 2. There are six sorts of Society First of Supreme powers and Subjects How manifold is the Society of Men. Secondly of Magistrates and those committed to their care or government and this is most properly called the Civitas especially where the Magistrates and those in their jurisdiction have a priviledged or exempted authority peculiar to them and not the same with that which is not contained in their jurisdiction Such are the Societies of our Civitates Boroughs and Corporations in England where the Magistrates jurisdiction is exempt and priviledged from the ordinary jurisdiction of Magistrates where these priviledges and immunities are not Thirdly of Husband and Wife and this Society the Greeks called Gamaca Fourthly of Fathers and Children which is called Patrica Fifthly of Masters and Servants which is called Despotica Besides these there is a sixth Society which is proper only to Christians viz. of Bishops Curates and Congregations committed to their charge 3. Potestas est jus imperiale in aliqua persona cujus praeceptum continet What is power rationem obedientiae 4. There are four kinds of Powers viz. Divine Humane or Natural Legal How many kinds of powers are there What is Divine power and Ecclesiastical 5. Divine power or right of Command is that power which is by highest right solely and originally in God and incommunicable to any Creature from whence all other Powers are mediately or immediately derived 6. Humane power is a right of Command created immediately by God or What is Humane power immediately derived from the Law of Nature 7. Legal power is a right of Command which is not immediately derived What is Legal power from any positive or natural law of God but from some Humane law 8. Ecclesiastical power is an institution of our Saviour and left to continue What is Ecclesiastical power What is force or Tyranny in the Church of Christ until his second coming to Judgment 9. Force or Tyranny is an usurpation of Command of any Creature or company of Creatures not created by any law of God or Man Nor is it the commanding of one alone which makes Tyranny the very Grecians could account the Athenian Thirty to be Tyrants and so could the Romans the Decemviri and Triumviri And no question but it was malice and spight which made the Grecians call all Kings Tyrants and both Romans and Grecians to make all Kings to be Ravenous creatures And all those Kings who abuse their power are by men usually called Tyrants not justly I find no such title given to Saul Ahab Ahaz Nabuchadnezzar but Wicked and Idolatrous often Nor is a Father or Husband less a Father or Husband if they abuse their powers because they have a right of Command 10. Dominion or Government is the exercise of Command by any Creature What is Dominion or Government or company of Creatures who have a right or no right of Command So that though all Government or Dominion be the exercise of Command yet is not all Government the exercise of Power as the Dominion or Government of Thieves Robbers and Pyrates c. is the exercise of Command who yet have no right of Command 11. All Power is Right but all Right is not Power as Jus Proprietatis How Potestas differs from Jus. Usufructuarium is Right not Power Common Notion ALl Created Powers are from the Law of Nature or Divine posisive Institution or Humane Laws THE SECOND BOOK CHAP. I. Of Society or the mutual offices of Commanding and Obeying 1. IF all Commanding and Obeying had To command and to obey is no humane artifice or invention been an Humane artifice or invention then was there a time when Men lived out of Society and in a parity or equal condition without commanding and obeying But there is no such time recorded in Sacred or Prophane history wherein Men lived so or when or who first invented or introduced these offices of commanding and obeying Besides we see that Arts and Sciences are received in one place and not in another and in the same place and by the same men at one time and neglected at another But at no time or place did ever men live out of society or commanding and obeying All commanding therefore and obeying is no Humane artifice or invention 2. If then there was never any man born but was born in subjection To command and to obey is natural and all subjection being in the predicament of relation which must suppose something commanding and if all things which are not artificial or invented are natural Then is it as evident as that Homo
subjection to them which are created by Gods will so revealed are not created by the Law of nature 11. All offices which are created by Divine Law whether by the Law All offices of commanding and obeying are not Gods ordinance immediately of Nature or by divine positive institution being from higher then humane causes are indelible and cannot be aliened transferred or communicated by any humane act for ejus est nolle cujus est velle and therefore cannot the power and obedience of Parents and Children of Husband and Wife of King and Subjects be aliened dissolved communicated or transferred but the offices of Masters and Servants of Magistrates and those subject to them are alienable communicable and transferrable and sometime are and sometime are not they are not therefore from any immediate ordinance of God either positive or natural But the offices of commanding and obeying as Masters and Servants and Magistrates and those subject to them are but temporary and determinable by the laws of him that made them therefore not Gods ordinance 12. Humane laws create Magistrates power two ways Immediately How many ways power and subjection happens by humane laws to Magistrates and those subject to them as when Supreme powers which are the fountain from whence all Temporal laws are derived constitute any Magistrate giving him jurisdiction over the inhabitants of any place or when the Laws or Higher powers enable such men to nominate their Magistrate there the Nominators are the instruments by which the Law does transfer this Magisterial power 13. The mutual offices of power and subjection between Masters and How many ways humane laws create the power and subjection of Masters and Servants Servants happen two ways either created by the contract or pact of the Master and Servant and we have before shewed that all pacts and contracts receive their obligation from Humane laws as the means by which Humane laws do create these offices or else without any pact or contract of the parties commanding and obeying as in the cases of Slavery where prisoners are taken in war or men condemned thereunto for some offence or of Apprentiship where children are bound for such a term by the Laws of their Country or Parents And I do grant Mr. Hobbs Grotius and White that this power and subjection Humana voluntas introduxit but not the parties obeying as they most senslesly feign but the Supreme powers or the parties commanding And where they are not so created all men are originally free I do much wonder at those men who make all Supreme or Regal power to have Annot. its origination from the consent and aggregation of many families For they not only confound the Masters power with the Fathers which in the nature and cause we have already shewed and shall more fully hereafter in their proper Chapters shew but also make the Masters power to be from the Law of God and Regal power to be a Humane institution whereas the contrary is true in both And what it is should move men to imagine that after Adam's and Noah's posterity dilated themselves into many families that they should give Adam and Noah more power then God gave them I am sure no such thing or the least probability thereof appears in Scripture or that after Adam's and Noah's deaths their Posterities became free and independent from all Government which was no body can tell when brought in by the Pacts of Men or by consent and submission of Families to it 14. That power or right of command which God jure divino hath as All power and subjection from what causes solely and absolutely over all his creatures as the Creator first and efficient Cause of them and therefore by highest right all obedience is chiefly due to them before any creature in all things Or else power and subjection are caused from the Laws of Nature or from the Law of God revealed in the Scriptures or from Humane positive Laws All Society which is not contained in these causes is Tyranny in the party commanding nor is any obligation in Conscience to such Commands from the party commanded Having thus far treated of the Causes of Power and Subjection conjunctly we shall hereafter in their several Chapters treat of them severally and more at large And we insist more largely hereon in regard these Powers and Subjections are either so confounded in their Causes by other men or such wild things begged for Principles that so far as I understand no ingenuous man should grant CHAP. II. Of Regal and Magistrates power 1. THere is no question but one of Mans chiefest happinesses in this Introduction life consists in the contemplation of God in his works to contemplate the Heavens and the Earth the workmanship of his hands and the admirable order and motion of them all being by him so made and created Nor is God less seen in the generation and birth of Man and other creatures then in the creation of the Universe And as admirable is the preservation of every Man as his generation For abstracting from the internal cause Spiritus intus alit totamque infusa per artus Virg. Aen. 6. prop. fin Mens agitat molem How God does renew and preserve every Man and every part of Man by a perpetual motion viz. the Systole and Diastole of the Blood If a Man considers his outward preservation not only from the violence of other creatures who are of much more force then himself but also from the force and violence of his own kind for were he not restrained Homo homini lupus And what are the People in general but a sudden rash and furious Beast carried hither and thither upon every wild fancy raging to have this thing done and presently lamenting because it is done He must needs As the Athenians did in their sentence on Socrates and the Captains at the Fight at Arginusae confess there is no power under heaven which can restrain the raging of the sea and the madness of the people The Psalmist therefore Psal 77. when he calls to mind the works of God and his wonders of old Thou thundrest from heaven thou shakest the earth thou dividest the sea and at last as the greatest wonder of all he says Thou leadest thy people like sheep by the hands of Moses and Aaron It is not therefore from any pacts and inventions of Man that he may hope for any security but by submitting himself to what God hath ordained for his preservation 2. Upon a survey taken in Scripture how often Christi Domini are Regal power cannot be created by the People used they are found to be thirty three two of which are spoken of the Patriarchs one of our Saviour and all the rest of Kings only Once of our Saviour Luk. 2. 26. twice of the Patriarchs Psal 105. 15. and 1 Chro. 16. 22. all the rest to Kings only and expresly And though others were anointed yet none
but our Saviour Patriarchs and Kings were the Lords anointed Nor is Gods anointed peculiar to them not the material anointing and the receiving and believing Gods revelation of him-self in the Scriptures is essential to the making of Gods anointed here but all rightful Kings are so whether they be materially anointed or believe Gods revelation of himself in the Scriptures or not For not only Cyrus was not Isa 45. 1. materially anointed and an unbeliever yet Gods anointed but Nabuchadnezzar also a cruel persecutor and destroyer of Gods people But Lam. 4. 20. God calls them Mortal Gods too Psal 82. 6. And is it not strange that our Saviour should say No power can be but from above data desuper and that Joh. 19. 11. Men should be so impudent as to affirm that there is no power unless data de subter and that against all sense and reason as well as faith For it is impossible that any Power should be superior to the cause of its being or that any thing should give that to another which it self hath not How then can an imaginary rout of Men give a power of life and death and of creating property which not any of them nor all of them together have to another 3. Humane Laws being the accidents or effects of Regal Power they Regal power not made by Humane laws cannot be superior to give or create a being to the cause Regal Power therefore cannot be made or created by Humane Laws 4. That in Regality as well as in Subjects estates jus proprietatis The possession or exercise of Regality does not create Regal power possessionis have been divided and Regal power usurped and exercised by them who had no right thereunto is not only testified by infinite Authorities out of prophane History but also many times in Sacred Writ as in the cases of Absolom Adonijah Athaliah c. It is true indeed that there is no visible power under Heaven but only Mens Consciences that can judge between an Usurper and a rightful Prince Yet ought men principally to have a care how they offend herein for God no where denounces a more dreadful sentence nor shewed a more terrible judgement then upon such Rom. 13. Men Num. 16. And if in Regality possession alone did create a just title then were summa injuria summa justitia it being no question the highest injury to invade the highest authority or dominion of another 5. If possession conjoyned with the submission and acknowledgement Possession with the Subjects acknowledgment and submission does not create Regal power of the Subjects did create regal power or right of command which Kings have over their Subjects then were the dominion of Theeves and Pirates where others submit to them just and Jeroboams title good to the kingdom of the Ten Tribes nor the Children of Israel Rebels but true Subjects after they had quietly submitted themselves to Jeroboam But this is false for God does denounce them Rebels to the house of David unto this day 1 Kings 12. 19. And Jeroboam himself a Rebel after he was quietly 1 King 12. 19. possessed and acknowledged by the Ten Tribes 2 Chron. 13. 6. It is a very remarkable thing that the Subjects of this Nation although Annot. pretending to be Christians have against all rules of Christian Faith placed all power in Government to be from the people and their obligation to it to be from their own submission to it and have by their often forswearing themselves to this and that Government not only habituated themselves into a belief that there is no such thing as right or power in Government but only possession but also taken away all Religion and Obligation of an Oath in things lawful and indifferent God no doubt permitting it that they who would not stand and be protected by his ordinance and institution should fall into all infidelity and perjury and never be true to any thing they sweare to and set up instead of it 6. If the Law of God or Nature did create Regal Power by the acknowledgement The Law of God or Nature does not create Regal power by the submission or any act of the Subject or submission of Men thereunto or that Subjects were the essential instruments by which Regal Power was originally created and yet is continued in the world then were not Men only free from Regal or Higher Powers before they did submit thereunto but also free to make whom they would their Prince and so by consequence there can be no such thing as Hereditary Monarchy in the world which for many Hundred nay Thousand years where God was not pleased to reign himself immediately over his peculiar people was in the old time the only Government in the world For above 3000 years after the Creation was neither Aristocracy Democracy or Elective Monarchy ever heard of in the world and yet Hereditary Monarchy is in above 19 of 20 parts in the world the only Government Nor would any Government that ever was or is in the world grant this liberty to any one born in their dominion but upon resisting it or renouncing it whether he ever submitted to it or not proceed against him not as an Enemy but as a Rebel and Traitor To suppose therefore that Subjects acknowledgment and submission is previous the essential means by which God does create Regal or Higher Powers is upon the matter to give the Lye to all the Powers and Governments that are or ever were in the world 7. None of these things therefore but some higher cause must create Regal power and that Regal Power is the Ordinance of God the Apostle Regal Power is the Ordinance of God and created by the Law of Nature saies expresly where he saies Rom. 13 that he which resisteth the Higher or Regal power resisteth the Ordinance of God And that this is not Gods Ordinance only to them who receive and believe his revelation of himself in the Scriptures is evident by his ordaining of Hazael Cyrus Nabuchadnezer c. and to put all out of question the Apostle here calls Higher or Regal Power Gods Ordinance and at that time whenas there was no King in the world which did receive the Scriptures for the revealed word of God Besides Kings reign by God c. Pro. 8. 5. and that Kings reign by God not only where he is believed as having extraordinarily revealed himself in the Scriptures Job in the state of nature long before the Job 3. 6 7. Moral Law was given by Moses saies Reges in solio collocat in aeternum Regal power therefore is Gods Ordinance and from the Law of Nature 8. Regal power being Gods Ordinance and created by the Law of Adam had Dominion over all Creatures and not as Father Husband or Master of a Family Nature there was never any time wherein Men were borne out of subjection to it not but that the Laws of Nature
man can oblige or subject himself to any The Masters power does not arise from the Servants subjecting himself man or creature by any Act of his will for no Act of any mans will can have any power of himself Omnis potentia activa est principium transmutandi aliud every active power is the cause of alteration in another body the Act therefore of a mans will can make no obligation in his body who does will it Besides it is against all rules of relation that to bind and to be bound can be in the same thing therefore it is much more absurd to suppose the whole man should be obliged by a part of himself that is by his will Add hereunto that if a man be obliged to his will then is the most wilful man the most just man and every man is obliged to do any thing because he hath willed it then which there is nothing can be more immoral and destructive to all society with mankind 8. If the Masters power did arise from the Servants subjecting himself to him which is an Act of the Servants will then an Act of the Servants Nor from the Masters accepting his Servants submission Annot. will may have a power and obligation upon his Master which is absurd for this makes the Master to obey his Servant Yet in usual speaking voluntas is confounded with conatus as wee say that God did accept Abrahams will for the deed in that he was willing to have offered up his son Isaac whereas in proper speaking God did will or command Abraham to offer up his son and Abraham did obey that is receive or accept Gods will and did endeavor not will for it had been unnatural and murder in Abraham to have willed without cause the death of Isaac to have done it when God restrained him and so God was pleased to accept of Abrahams endeavor to have pleased him And so when any servant does endeavor to do his Masters will though he be not able to perform it yet ought the Master to accept it because he does what he can not to do any act of his own will but to perform an act of his Masters 9. But suppose the Declaration of the Servants will does evade into The Masters power does not arise from the Servants promise his promise given to his Master yet cannot the Masters power arise from thence because men are obliged to the performance of their promises by the Law of nature only and that Law does oblige only in Conscience but the Masters power obliges to corporal punishment I say therefore that no Masters power arising from any Act of the Servants will or promise nor from the Masters acceptance no Regal power can arise from the Princes acceptance of their Subjects submission for a great family is a kingdom and a little kingdom is a family saies Tho. Hobbes cap. 8. art 1. de Cive 10. If the Masters Power did arise from the Law of Nature then were The Masters power does not arise from the Law of Nature the power of a Master over his servant eternal and incommunicable but the contrary of this is evident in all places of the world for there is no place where the Power of Masters is not only dissolvible by the Laws and consents of the Master and Servant but where it is not slavery there the Masters power is terminated to years moneths weeks daies or houres c. which expiring the relations of Master and Servant are dissolved the Masters power therefore is not from the Law of Nature 11. If the Masters power did arise from Divine positive institution Nor by Divine positive institution then where Gods revelation of himself in the Scriptures is not received and believed have Masters no power over their Servants But this is evidently false for not only before Gods revelation of himself in the Scriptures had Masters every where power or dominion over their Servants but also every where in the world Masters have power over their Servants as well where the Scriptures are not received as where they are The Masters power therefore does not arise from Divine positive institution 12. Nascitur servus says Aristotle most truly There was no man that From whence the Masters power does arise was ever born in the world unless a posthumous King but was born in a threefold subjection first to the Laws of God secondly to the Laws of his Parents and thirdly to the Laws of his Country And the Laws of every Country obliging men to the performance of their pacts and contracts the Law of the place is the efficient cause by the Contract of the Master and Servant being the instrumental causes of the Masters power and not only gives the Master a power over his Servant but also obliges the Master to perform all his promises specified in the Contract to his Servant It is evident therefore that where there is no precedent Humane Law Annot. obliging there cannot be any Family for the Law by the Masters Contract with his Servant gives him the power over his Servant All Grotius his Government then founded upon the Contracts of Men is utterly false and by consequence no one true Proposition can follow from thence Yet truly it is an error pardonable in him who with his first milk sucked in this Popular principle No question but he was a man as eminent in Humane learning as any man of this last Age and I doubt not but of a sincere and peaceable disposition It is the excellency of Truth that it is plain and easie to be perceived whereas Falshood with all art and learning is rendred more obscure by how much more is added to it And it is strange for a stander by to see what monstrous absurdities Grotius runs into to uphold his fabrick For he makes God at the Creation and Flood lib. 2. cap. 2. par 2. to give Mankind a natural right viz. all men alike over all things and this natural right to be immutable by God himself and yet without giving lib. 1. par 10. any reason for it he makes it mutable by the will of man and Dominion which he there says was brought in by the will of man he says is Jus naturale too So Jus naturale does signifie that which God gave to mankind and Jus naturale does signifie that which mans will brought in contrary to what God gave to mankind then which what can be more absurd But Mr. Hobbs cap. 2. art 9. makes a Contract the act of two or more Annot. 2. mutually transferring their rights and a Pact to be when one or both is trusted and he who is trusted does promise that he will perform and supposeth the Civitas institutive to take its first being from the Pacts of men Which will not help him for such Pacts as well as Contracts receive their obligation from precedent humane laws And therefore all his book de Cive which is
have reference to Subjects who are born Diversity in Hereditary Monarchies for in Aristocracies and Democracies there neither is or ever was any original right or power in them but their Conventions do necessarily depend upon an antecedent act of them or the major part of them to meet at a certain time and place Where therefore such Assemblies are dissolved sine die they are totally dissolved however this dissolution happens nor does any man owe them obedience any longer but his or their title who next possesseth is good enough against them and all others who cannot make a superior or more just claim Nor can this have any reference to men born in Elective Monarchies for the Election depending upon the wills of men viz. the Electors who originally had no right of Election any Possession brought in against such Election by the will of man is title equivalent to it nor do Subjects in conscience owe obedience but to him who is possest or can make a superior claim by a true descent from him against whom no just title can be taken 10. Bodin in his Republique makes a Quaere Whether it were better Wherein consists the liberty of the Subject for Subjects ro be governed by few Laws with a reservation in the breast of the Judge or some special Court to redress extraordinary abuses which cannot be comprehended in the Laws or so to multiply Laws that no man should be punished where he could evade the Laws And determines for the former and the reason he gives is That Laws be they never so many are finite but mens actions are infinite and therefore though never so many Laws be made yet may men find evasions out of them to abuse and wrong other men whereby this multiplicity of Laws will rather ensnare other men than avoid the end for which they were intended It is a folly much incident to Englishmen that they place not only Freedom in serving many Masters but Liberty in many Laws Let any man take a survey of the Statute-Laws and Ordinances made since Henry the Eighth his dissolution of Monasteries to this year 1660. and see if they be not four times more than all the Acts made before only to the liberty of the Lawyers Fees for the ensnaring of the Subjects it being no doubt the greatest liberty of the Subject to be governed by few Laws and these the same in all places if it were possible 11. The power of Parents being from the law of nature Childrens Of subjection of children to parents subjection to them is due from the law of nature Solon having written the Athenian laws being asked why he did decree no punishment upon him who should kill his Parent answered There was no man so detestable as to think to do such an act He therefore did wisely not to make any law against that which was never heard of lest by doing so he should not so much forbid as admonish Children to it And what a curse did Canaan contract upon himself for but discovering his Fathers nakedness Gen. 9. 25. And no question Gods blessings and cursings are never more efficaciously pronounced than out of the mouths of Parents And To honor thy father and mother is the first Precept to which there is a promise of reward annexed viz. That thy days may be long in the land c. 12. Although the power of Masters over their Servants be created by Of servants to their masters positive humane laws and therefore subjection of Servants to their Masters is caused by humane laws Yet does not this exclude the obedience and subjection which is due from Servants to their Masters by the law of nature and Divine positive laws but Divine laws do include the subjection due from Servants to their Masters in thesi or general and the laws of every Country ex hypothesi or particular As Thou shalt not steal is from the law of Nature but that the doing of such a thing is Theft depends upon the particular laws or usages of every Nation And no question but Servants generally when the Apostles wrote were no other than Slaves over whom their Masters had not only absolute dominion of whatsoever was theirs but also power of life and death and that by no consent or submission of theirs And if such Servants ought to count their Masters worthy of all honor how 1 Tim. 6. 1. much more ought Servants to thank God and willingly to serve and honor such Masters who not only command over them not against their consents but also command such things as they may easily perform 13. Although this subjection be last in expression yet it is first in Of subjection to Ecclesiastical powers intention For if this subjection or obedience had not been due before any obedience to Temporal commands how could the Primitive Christians have met in dens and caves in daily Prayers and Breaking of bread whenas Temporal powers did not only not permit but forbid it Nor did God ever shew such terrible vengeance upon any disobedience and presumption as he did upon Corah Dathan and Abiram Num. 16. and their Competitors although their pretences were very fair forsooth That all the multitude were holy every one among them and the Lord was among them and Moses and Aaron did lift up themselves against the congregation of the Lord They though none of the tribe of Levi nor separated persons could offer sacrifice and burn incense to the Lord as well as Aaron or any Priest And no doubt but spiritual crimes are in their kind much worse and displeasing to God than carnal whatsoever offenders do pretend And let us see what manner of men these pretended Reformers are which teach otherwise and consent not to the wholsom words even to the words of our Lord Jesus Christ and to the doctrine which is according to godliness They are proud knowing nothing but doting about questions and strife of words 1 Tim. 6. 3 4 5. from whence cometh envy strife railings evil surmisings perverse disputings of men of corrupt minds and destitute of the truth supposing that gain is godliness from such withdraw thy self O my soul enter not into their secrets 14. In all Humane Society or Society which is created by the law of Diversity Nature viz. of Supreme Powers and Subjects of Husband and Wife of Parents and Children the relations are indissolvible only by God in those individual persons in whom the offices are nor can they be aliened transferred either by any act of themselves or any power else All Society created by Humane laws or Legal Society is alienable not only by the act of God and by the Laws which created it for Unumquodque dissolvi potest eo ligamine quo ligatum est But also by the act of the Master and Servant for Omnis consensus tollit errorem Christian Society does differ from either Humane or Legal for though the cause of Christian power be by Divine positive
not truly have ever made use of any thing in his writings to their advantage certainly therefore in his writings he was no seditious man but it may be our reverend Historian though blinde yet sees more then any body else It is true indeede that he lived in disfavour with two Kings yet as it becomes not subjects to dispute the actions of Prince so is no man therefore to be censured because in disfavour often times the best of Princes have not things and men truly represented to them This I am sure of having so powerfull opponents at Court if any crime much lesse then that of sedition could have been found against him it would have beene improved to the utmost advantage nor did he neglect to be reconciled to his chiefest adversary and to that purpose married his youngest daughter to his brother being in person and fortune little inferior to any Subject of her time which did him no good Othermen though little versed in the things they lay to his charge doesay in the generall That in his writings he was no friend to eyther King or Church This is so generall a charge as no particular answere can be given to it yet thus much may be said that being a Lawyer by profession I hope it is not to be a crime in any Subject much lesse in him to be a lover and honourer of the Lawes but being a Subject and no Legislator and commenting upon the Laws he must comment upon the Lawes as they were made hee could not make them better nor worse if Lawes made were derogatory to eyther Crowne or Church it was the vice of the times and no fault of his Yet I have often heard that hee was the first Grantor and a great favourer of Prohibitions to the utter ruine of all Ecclesiasticall jurisdiction How unjust the first charge is there is no man any way versed in our Lawes but must needs understand and for the latter if any one can shew wherein he so far favored them that he ever granted any not warrantable by the Law and they say somthing For his care of the Church it sufficiently appeareth in his endeavoring the passing of a Law that every Patron should be sworn as well as the incumbent against Simony and also that Patron who should Symonically promote any Clerke should not only forfeit that avoydance but the advowson to the King as also when upon pretence of concealement the Deane and Chapters Lands of Northwich were begged of the King he did not only freely proffer the Chapter to have defended their cause in person though then very aged but stated it and gave it them in writing to be kept for the future in case any after that pretence might be made which was preserved by the Deane and Chapter among their Archives untill the generall deluge of our late dissention swallowed up this among their other things and so gratefull an acknowledgment did the Society make that upon his next Progresse into Norfolke they desired that he would lay his bones in that Cathedrall whose right he had so defended So devout a Son he was of the Church of England in the observation of the Rites and Liturgy thereof that I am confident that in neere forty yeers before his death if sicknesse or publick imployment or somthing extraordidinardy not divert him scarce one day passed wherein he was not twice a devout assistant in the offering up of the publique Service of the Church nor was he lesse severe to himselfe in his person then just to his publick imployments being never so much as suspected of any notorious or scandalous vice These virtues and his learned labours wherein he has as well deserved of his Country as any man before him shall erect him a monument of same to posterity when as the malice and ignorance of his adversaries shall be forgotten For mine owne part it is true that I have ultimately resolved my subjection as a man and my faith as a Christian into two principles the one into the Law of Nature the other into the Scriptures Dominium fundatur in natura at no time or place did ever men live out of Society and Dominion is necessary to Society but faith is divinely revealed in the Scripture and this hapned in succession of time neyther is it yet received by neer one tenth part of mankinde nor will I ever hope to mend what God hath made It is therefore an idle thing to object Imperium in Imperio against it neyther is the objection to any purpose or understood by the objectors for it is the same God which hath engraven lawes of Nature in the mindes of men and who hath divinely revealed himselfe in the Scriptures not is there any thing in either which is repugnant on contrary but rather the one doth confirme and support the other there is no better plea for mens subjection to eyther Kings Fathers or Masters then is contained in the Scriptures nor doth Christianity any waies repugne the Regality of Princes but it is as entire over the persons of all men in all Cases as where men are not Christian Were not those the best Christians who in the primitive times lived under heathen Emperors and persecutors without any civil disturbance on their parts and cannot Christians be as good under Christian Kings or is the case of Kings worse for their being Christian Let any one shew me any thing in all the Scriptures which doth countenance sedition and I will abjure my Christianity yet I will shew him almost infinite places which without all contradiction commands obedience to higher Powers They are therefore Wolves in Sheeps clothing who abuse that ghostly Power left us by our Saviour for the benefit of mans salvation into licentiousness against their temporall obedience due as well by the Law of Nature as those by divine positive institution as if men being qualified to perform the acts of Ghostly power were free from naturall subjection which as Priests they ought to preach as Gods Ordinance R. 13. deserve rather to persecuted to death then obeyed when they do so and by consequence Master Hobbs understands not himself when hee makes his convenient argument against Christianity upon supposition Cap. 6. Art 11. de cive that if one man may command the same thing upon the penalty of temporall death and another forbid it upon pain of eternall the whole structure of his civitas might be dissolved which is no great matter if it were But I pray what doe those men doe which resolve all subjection into the civitas and the civitas into the civil part and the civil part into the wills of men into do or dedi and not dabo or faciam which make the Lawes of Nature voluntary and depending upon the wills of men which make this civitas made by the wills of men superiour to the Law of Nature and impossible to command any thing contrary to it and yet as ridiculously as blaspemously make tyranny
any other way then by the established and received Laws of the Nation where mens vices and depraved manners do not require new ones I designe no more then to demonstrate that it was not your Majesties Father's and your own adherence to the established Laws but the iniquity of the times which made him a Victim and your Sacred self an Exile Nay in reason as well as justice it had been a most imprudent thing in either of your Majesties to have given up the Laws to the arbitrary lusts of your Adversaries or any one Faction For should either of your Majesties have indifferently renounced the Laws to your Adversaries being compounded of such different and contrary humors and affections then there was no visible means under Heaven to have cemented them and by consequence your Adversaries hostility and confusion continued and your own conditions no ways bettered or secured Or should either of your Majesties have renounced the Laws to have advanced any one Faction so above the rest and all your loyal Subjects that their arbitrary wills and lusts should have been the laws of all the rest and your other Subjects also yet should you not only have failed to have contented that Faction it being the nature of Faction never to bear any grateful acknowledgment for benefits received but on the contrary always abuse them to their prejudice from whom they received them and never rest until they have made themselves all and their Benefactors nothing at all or vile and miserable but have animated all the other Factions against your Majesties and it To the fulfilling of all singular and glorious Virtues in Your Sacred person is added Your being a Christian King and a Nursing Father of the Church of Christ and as if immediately sent from Heaven to cure and repair the wounds of this most miserably distracted Church although Your Majesty is descended from innumerable Royal Ancestors who have been Nursing Fathers of Christs Church yet are you not derived from any who have had the least hand in the late Sacrilege thereof And though Sir You are and ought to be a Nursing Father of Gods Church and a Patron and Defence against her ravenous and devouring Adversaries yet none of mortal men have been more Religious Sons of the Church then Your Majesty and Your Saintlike Father How unequal and how unjust then have been the sufferings of Princes so just so religious caused by Christians Your natural Subjects and these pretending Conscience whereas no School teaches men a better lesson of obedience to Princes then the Christian faith whenas the first principle or foundation of Subjects obedience to rightful Princes is founded in the Law of Nature however popular Orators and Atheists have against all sense reason nature and all authorities of sacred and profane History resolved it into the pacts and wills of men And conscience always supposes some superior law informing men to do or not do a thing or suffer when any subordinate power commands contrary to it whereas Your persecutors pretending concience trod underfoot whatsoever might be called sacred to the attaining their seditious and sacrilegious ends That God in his providence doth often permit the good and just to suffer persecution is evidently seen in all ages and places But in reason and prudence neither Your Majesties Father's nor Your own adherence to the established Government of the Church and the Rites Liturgy and Means thereof in Your adversities when they were so zealously persecuted by its and Your adversaries could be any cause thereof Neither would the desertion of it have any ways conduced to either of Your Majesties advantage for should either of Your Majesties have renounced the Church and rites thereof so as to have been a Christian King of such Miscreants who besides that they would not be of any Christian Church or society had by undue ways devoured the patrimony of the Church yet no man in his right wits could have imagined such men would long have been governed in peace or that all other men of their factions would have been content who had not made a prey thereof and there was not sufficient to content all nor indeed any at all or that the canine appetites of those men who had devoured the lands of the Church would not also have hungred after those of the Crown Or should Your Majesty have advanced any one Faction so above the rest that it should not only have tyrannized over the rest of the Factions but also Your Majesty and the rest of Your subjects yet could it not in reason have been expected that this Faction who by all Divine and Humane laws were subject to a Government founded upon our Saviour and his Apostles and by a continued series dispersed over the face of Christianity until of late it became violated in some places of Europe by seditious and sacrilegious men should so unjustly cast off their obedience so rightfully due and yet expect that their wills and lusts should long be received for Laws by the rest of the Factions and all other of their fellow-subjects But certainly Your constant adherence to the Church did proceed from the power and grace of God in You before any prudential or moral cause Notwithstanding that your Majesty is so constant a Preserver of Christs Church and Propagator of Christian religion and that your own conscience hath been so often attempted to be violated by men of none at all indeed yet so tender is your Maiesty of other mens that you will not force the conscience of any of your subjects pretending it A strange condescension any one will judge who considers the parties granting and expecting For should your Majesty command your Subjects any thing in derogation to the Majesty of God or forbid them the worship and service of God your Subjects might then justly plead conscience because the duty and allegiance which they owe to God is in the first place to be paid by all his creatures Or should your Majesty command any thing which were immoral or unjust as that your Subjects should dishonor your Majesty or their Parents c. they might justly plead conscience because that for Subjects to honor their King and children their Parents is founded in Nature and is a Law of God engraven in the minds of all mortal men or should your Majesty have lived in the Primeve times of Christianity when men by the light of Humane Nature apprehending a Deity to be publickly Worshipped and Served yet being ignorant of the manner misplaced it in Osyris Isis Iupiter Apollo an Oak c. then to have compelled them to have Worshipped God after the manner of Christians had been unconscionable and unchristian because they paid an acknowledgement of that Worship due to God by Nature and could not by Nature apprehend this but must wait upon God until that by the ordinary means of the Church or supernaturally inspired by God they should be converted thereunto Or should your Majesty command any thing
Nor was that less abhorrent to me which men in this factious age beg for a Principle viz. That all men by Nature or the Law of Nature are in a like equal condition and that the Laws of Nature are eternal and immutable even by God himself And yet by a continued violence upon these eternal and immutable Laws men should every where in the world live in Society or in the mutual offices of commanding and obeying Yet did not I so confidently resolve these things as to exclude what I could argue against them I therefore did suppose in my self a company of such men as were in a parity of condition yet could I never conceive it possible that ever any Civitas or Supreme power could be derived or created by them For either this Civitas must be superior to the Cives or People that made it or not If it were not superior to it then could it not govern or rule them for dominion is always placed in the superior part If superior to it then was the Creature or Instrument superior to the Cause and Creator which is most absurd Nor was it to me less monstrous to imagine that any thing could give or transfer that to another which it self hath not but this people or multitude who should make this civitas had neither Jus vitae or necis nor Property seperately nor conjunctly they could not therefore endue another with that power which none of them nor all of them together had and without which there can be no supream power which may protect and defend Subjects But I did not insist onely upon this but supposed that the cives could make a civitas which should be superior to them and endew it with a power which none of them nor all of them had yet was I no less perplexed then before who these cives which should make this civil Pact should be and who should be subject to it If onely those be the cives who made this civitas and they onely subject to it then were Women and Children who were none of the cives that made this civitas free and independent from it Nor could all the people or multitude of both Sexes and all Ages in such an imaginary state be the cives which must constitute this civitas by virtue of the civil Pact For many must necessarily be so yong as not being compotes mentium they could have understanding sufficient for the doing such an act And if no Laws oblige Men to their Pacts and Contracts done under such an age then sure it must be unreasonable that Children and Infants should be obliged to their act if they then did it or therefore obliged because others had done it upon whom they had no dependence Well but suppose these men in such a condition to be qualified to do such an act yet did another doubt arise which I could no ways salve viz. Who should define at what age the Men should be who should constitute this civitas Well I went yet further I supposed it granted That it should be agreed at what age Men in such a condition might give up their wills and constitute a civitas yet was it not in reason probable that this civitas should be of one days continuance For being formally constituted of such individual cives it could not be of any longer continuance then the cause Sublata causa tollitur effectus but the next day some of the cives would be probably dead and others grown up to be of age who were none of those individuals which did constitute the civitas Well but I supposed the cives who made Formae rerum sicut numeri consistunt in indivisibili They could not therefore be the cives that did constitute the civitas and by consequence no such could remain as the civitas this civitas to be immortal and no posterity yet could not I in reason expect it to be of any continuance for cujus est velle ejus est nolle and not onely all just and legal actions but all Arts and Sciences may truly and ultimately be resolved into their first Principles without any diminution to them The People therefore constant in nothing but inconstancy could not in reason be expected constant and obedient to their Creature the civitas onely and yet so in nothing else Besides I always did believe and yet do that all Mens Pacts and Wills must be conformable to the Laws of every place and where they are against them then do they oblige no further then to Repentance Much more therefore ought all mens Wills and Pacts to conform and submit to the Laws of Nature and never transgress that and that all Pacts and Acts of mens Wills made against it oblige to nothing but Repentance Nor is there any thing more abominable then to conceive that the Acts of mens Wills should irritate the Law of Nature which they say is immutable by God Hence it is I conceive that Mr. Hobbs will not have all men to be of a like and equal condition lege naturae but jure naturae and therefore most absurdly makes jus naturae to be contrary to lex naturae and yet oftentimes in his Preface and Cap. 8. Art 10. confounds jus with lex and that the Acts of mens Wills to make them in a better estate then God hath made them should be the Law of Nature or of God Whereas on the contrary If no man that ever was born in the World which was not a Posthumus King but was born in subjection not onely to his Parents or as a Servant in a Family but to something superior to these then cannot the will of that man nor all the men in the World alter or make that man in another condition then that whereof neither any act of his will nor the will of any man else was the cause But yet did not I conclude things onely as I was an intellectual or rational Creature but being a Christian I submitted all my Reason and Understanding to the most high Authority of sacred Scripture in those plain places which admit of no Controversie where both in the Old and New Testament the first causes of supream Power are owned to be Gods Ordinance Rom. 13. By God Kings raign and Princes decree Prov. 8. Justice and there can be no power but from above Joh. 19. 11. And all power is in relation to something subject to it But because I would not seem to see only with mine own eyes I desired yet to be better informed of these things and from whom better then Mr. Hobbs and Hugo Grotius Men no doubt of as eminent learning and parts as any this last Age hath produced these Men both derive their civitas from such Principles as is before spoken of viz. From the Pacts and contracts of Men in a parity and equal condition but so far was I from being convinced that if I understand them aright I was amazed to see such inconsistible
and impossible things to come from Men otherwise so learned For though Mr. Hobbs does lay down his Principles and persue his method much more clearly then Grotius does yet his Principles are so monstrous That to me it is impossible any ingenuous Man should assent to them Indeed if Mr. Hobbs would have supposed that the state of Man had been either in Society or out of Society and that out of Society Men had been in such a state as he makes them in his state of pure Nature I should never have stumbled at it But he forsooth requires it for a Yet thus much I will tell Mr. Hobbs he may as wel suppose a Brute an intellectual or rational Creature or a man no intellectual or rational Creature as no sociable or out of Society Principle That all Men jure naturali are in a parity and equal condition and may kill one another without any offence or sin and that Men continue in this estate until by their civil Pact they oblige themselves to one another that the will of the civitas shall be the will of them all Notwithstanding this I must needs say of Mr. Hobbs That if Men have so little understanding as to make Jus naturale to be contrary to Lex naturalis and so little grace as to believe that the civitas hath all its power from the Pacts and wills of Men and yet impossible to command any thing contrary to the Law of Nature which he says is the Law of God and tyranny to be onely ab exercitio when as it is impossible for Kings to command any thing contrary to the Law of Nature and all Faith and Ghostly Power which our Saviour left in his Church to be instrumental and subservient to it and never look how little he understands a Pact or from whence Men become obliged to it the cives of this Vtopia may do well enough If I edified but little by Mr. Hobbs yet I received much less satisfaction from Grotius for Mr. Hobbs defines his terms so clearly as to me he was easily understood whereas all Grotius his Principles are so perplexed and equivocal that it is not possible for any Man to understand any thing clearly from him As the first thing in his Preface he confounds is Societas Communitas whereas Societas is as different from Communitas as black is from white Societas according to the definition of Aristotle being Pol. lib. 1. cap 5. Vnum quid it a constans ex diversis personis ut sit unum quod imperet alterum quod pareat Society is one thing so made up of divers persons that one may command another obey Whereas community is where any company of Creatures are without the offices of commanding and obeying Well but having got out of his Preface after some Propositions of his Method c. he in the Tenth Paragraph of the First Chapter of the First Book De jure Belli Pacis defines Jus Naturale in a tedious general thing to be dictatum rectae rationis c. and this to be the Law of God and about the middle to be immutable by God himself and towards the latter end to continue but for a certain space and towards the beginning he makes the Dominion which is now in use to be brought in by the will of Man and this to be Jus Naturale too Now let any ingenuous Man judge what can be clearly deduced from Jus Naturale which is the Law of God and immutable by God and yet to continue but for a certain time until a Dominion brought in by the will of Man should abrogate what was immutable by God and this Dominion thus brought in against this Jus Naturale to be Jus Naturale too If I have slandered Grotius let any Man see the Paragraph aforesaid It was to me an admirable thing to consider that men so learned should one of them define the Law of Nature to be Dictamen rectae rationis the other Dictatum rectae rationis Well I will therefore see what Ratiocinatio is and what Dictamen or Dictatum rectae rationis which is the same thing and whether this can to any ingenuous man be any probable definition of the Law of Nature Aristotle Eth. Lib. 6. Cap. 3. makes Ratiocination and by consequence every dictate of Reason to be from Universals and that there are some Principles which do constitute the Ratiocination of which there can be no Ratiocination These Principles for which no Reason can be given and yet the reason of all those things which can be deduced from them are called Axiomata Dignitates or Communes Notiones and from these men by Ratiocination or Right Reason do infer Arts and Sciences a Scientia est actio ars effectio Eth. l. 6. c. 4. Both begotten by right Reason Ars est habitus ad faciendum idoneus cum verâ ratione conjunctus Nay all Ratiocination or Right reasoning whatsoever may be resolved into somewhat which is superior to this Ratiocination for which no reason can be given * These things thus premised I say it is impossible the Law of Nature should be the dictate of Right Reason and thus I prove it Every Principle which does constitute Ratiocination and for which no Reason can be given is no dictate of Right Reason But the Law of Nature is a Principle which does constitute Ratiocination and for which no reason can be given Therefore the Law of Nature is no dictate of Right Reason If Mr. Hobbs denies the Minor Proposition set him shew into what it can be further resolved or what can prove it For though God be the prime and efficient cause of all things but what proceeds from the will of man and into which all things may be ultimately resolved yet by Principles Aristotle and all Philosophers understand those things which immediately proceed from God and the Law of Nature could not be the Law of God if it did not immediately proceed from him but the Law of that thing from which it did immediately proceed the Law of Nature therefore is a Principle Well but let us suppose the Law of Nature to be the dictate of Right Reason and see the consequence Every dictate of Right Reason is of less Dignity Authority and Excellency then the Right Reason viz. The Effect then the Cause But ex hypothesi the Law of Nature viz. the Law of God the Creator is the dictate of Right Reason Therefore is the Law of the Creator of less Dignity authority and excellency then the faculty and attribute of the creature viz. Right reason then which what can be more monstrous and blasphemous Nor is this definition less ridiculous then impossible and blasphemous For the dictates of Right reason are understood by one man and not by another and may be learned and taught Suppose now one of these Masters of Reason should come to the most plain and ignorant man in the world who is
established several Laws for manners and by them have been often altered but that there is no such thing as the Law of Nature and that all men as well as other creatures are naturally carried to their profits And so there is no such thing as Justice or if there were it were the greatest folly because men by endeavoring the good of others prejudice themselves Since the Grecians and Romans were the first who in the world did make all power to be from the People I suppose that Mr. Hobbs and Grotius took their Principles from them Let us see whether by the People they understand the same thing with the Romans and Grecians or the same thing with one another By the People of Rome or Athens the Romans and Athenians understood them and them only who were civitate donati and not men born in a promiscuous rout and parity without all order and subordination but made so by violent usurpation By the People Mr. Hobbs understands the King or Court governing By the People Grotius every where I believe for he no where that I can find defines the People understands the Subjects governed and they who in a parity or equal condition constituted the Civitas Upon these and many other considerations and observations upon them I was so far from being convinc'd that I became much more firmly established then before in my Judgment for Opinion I will not have of those things wherein I am possest of the constant practice of the world in all ages places the plain undubitable and uncontrolled places of Scripture both in the Old and New Testament and no colour of allegation against them from any other places the Authority of the highest Philosopher my Country-Laws and all those Theses and Axiomes upon which almost all Reason and Philosophy are grounded and these things opposed by such monstrous feigned equivocal and silly beggings of the question which no man not blinded with faction or stupid ignorance can grant yet had not these Observations become publique if it had not been upon an odd occasion which was Upon a time being with a Brother-in-law a Kinsman of mine at dinner came to my Brothers where in discourse he asked me if I had seen a Book of Tho. Whites called The Grounds of Obedience and Government I answered no nor did I desire to see any thing of his doing having conceived a prejudice of the Mans ability and ingenuity He confidently replied that I should be convinced if I did but read it and that he would send me the book Yet was I so far from accepting his courtesie that I importunately desired him not to do it But he notwithstanding all importunity on purpose sent his man with it that night to me being at that time much afflicted with my wonted Melancholy which became more excited when I had read some part of it And seeing a thing so sensless and void of all humanity to be imposed upon the world which questionless was intended to prefer some Faction or Interest of his and yet forsooth he tells us it is a second Edition corrected and amended by the Author wheresoever therefore I name our Author I mean Tho. White Gent. I did in detestation of the Thing not of the Man for I never saw him in all my life set my self to make these Observations upon it He harps upon the same string with Mr. Hobbs and Grotius That all Supreme Power is originally created by Mens wills subject to it Yet being a fine Gentleman in quirpo he dances a Galliard by himself and most senselesly makes men out of society to be a Rational multitude and to have Property before they had Laws or Government and to be a People after they had given up their power to another to govern them But lest it should be objected that though our Author be hood-winked yet Mr. Hobbs and Grotius might be very clear-sighted and bare-faced I thought it not amiss to make these Observations upon them also As a Preparative to a Purge I pray Reader take these few Notes 1. First I say they falsly derive Government For though they all differ in the manner of it yet is all Government so far from being so derived as any of them would have it in the first Institution that if any of them can shew any one Government so derived since the beginning of the world I will yeeld the cause 2. They feign that for a Principle which never was viz. That men by nature are in a parity or equal condition For never were men since the Creation in any age or place of the world in such a condition But suppose somewhere in the world it might have been found that men in a like condition did by their acts and wills form themselves into a Society yet is it a most unreasonable thing to conclude from thence that all power in Government is from the People For Singulars are deduced and concluded from Universals not Universals by Singulars 3. The Principle they beg is destructive to all good manners for Justice is the fountain of all humane Virtues and Morality as all Philosophers and best and wisest men hold And if Justice be the duty which men owe their Superiors and that it may be truly and ultimately resolved into the first cause without any detriment or damage to it and if all order superiority and power in Government may truly and ultimately be resolved into the People or the wills of the Subjects or Party governed then the wills of the Subjects being the fountain and first cause of all Order and Justice that is Justice in the People to do what they list then which nothing can be more destructive to all Virtue Justice and Good manners 4. It is damnably destructive to Faith for All powers are of God Rom. 13. and No power can be given but from above S. John 19. 11. Nor were these Men when they wrote their several Treatises De Cive De Jure Belli Pacis and Grounds of Obedience and Government much better in their Religion if I conceive a right Notion of Religion viz. That it is Actus Divini cultus or the Publick worship and service of God in an unity form and communion then their Writings shew them to be for Justice and Government For though our Author be a Pretender to be of the Religion of the Church of Rome yet it would trouble the greatest Critique of this Age to shew where the Religion of either of the other were to be found And who but such men as these would pin their faith upon the tales and fictions of Poets before the most venerable and sacred Authority of Holy Scripture Nor can the eldest of Poets writings be compared in antiquity with the Scriptures For if it could Cur supra bellum Thebanum funera Trojae Non alias alii quoque res cecinêre Poetae And the Theban and Trojan War hapned after the Year of the World 2750. The Trojan War about the time
are very dull and yet of vast memories who remember all things but can scarcely be ever made to discourse of and understand any thing and of Men that are too light and phantastical who only talke generally without applying these generals to any particular The one is like a Ship which is overladen with Ballast and not having Sailes proportionable can scarcely be made to saile with any winde the other is like a Ship which hath no Ballast and so much saile that she is never in any steadiness but carried hither and thither upon every small puff of winde the one will upon any discourse or ratiocination be still absurdly telling particular stories which he in his defect of understanding supposes should be the universal and prime reason of the discourse whereas the other from the lightness of his phantasie and defect of memory never applies his general notion to any particular thing and so concludes nothing 8. Whereas Aristotle and the Doctor affirm that experiment proceeds Axiomes and Principles do not proceed from experiment from many memories or memory multiplied and that ratio universalis definitiones c. proceed from experiment A Man may justly deny it for it is not many things or multiplied things which can make ratio universalis but ratio universalis axioma c. is that which does not signify many things only but every thing which is comprehended in the terms and it is impossible that any Man should make experiment of all things which are comprehended under one general Notion 9. Aristotle saies Per experientiam ars scientia hominibus efficitur Nor Art and Sciences Met. lib. 1. c. 1. an finem Experientia enim ut recte ait Polus b Apud Plat. in Gorgia artem efficit imperitia vero casum to which the Doctor subscribes and saies there can be no prudent or truly knowing Man which by his proper experiment hath not throughly understood a thing to be so If this were universally true then could no wise or prudent Man understand throughly any Law which forbids Theft or Murder upon the penalty of hanging unless he should steale and commit Murder and so be hanged for his pains and for my part I will rather beleeve that if a Man puts his finger into the fire he will burn it and that if he be long over head and ears in the water he will drown himself then make experiment thereby to be accounted a wise and prudent Man Afterwards he saies From hence it is viz. for want of experience many pretenders Page 30. to knowledge and Sophisters cropping of the inventions of other Men the same things every where the order only and words changed and a few things of small moment added do confidently challenge for their own and render Philosophy which ought to be certain and perspicuons obscure intricate and confused It is true that in all argumentation a posteriori viz. from the effect to endeavor to find out the cause there can be no direction without experiment and therefore it is a very difficult if not an impossible thing that any Art or Science can be made from any conclusions in Philosophy which are drawn a posteriori which at the best cannot arise to higher then probable and opinonative and can never be certain and perspicuous And though the Doctor from his great parts and experiment in Anatomy hath probably found out things never before received yet cannot any of those conclusions ever attain to demonstrative certain and perspicuous conclusions yet it does not hold true in argumentation a priori that all things are known by experiment but that infinite things are known and understood which are abstracted from matter and experiment and are easily understood by any Man without experiment 10. Nor is it true universally that there is no knowledge innate in Man for the Laws of Nature are innate and connatural with Man and Man is not naturally without all Knowledge not acquired either by sense experiment or any thing else 11. As I have said before so do I say again that there is no Age that hath not received many things for truths which the next generation upon The manner and order of attaining to Knowledge is a subtil disquisition further inquiry and looking into them have found to be but verisimilitudes and that from things found out infinite productions will be made as long as the world indures and as it is not fairplay to carp at anothers opinion and not to set down his own and give a reason for it So will it be meer levity to contest with another if not upon superior Grounds and he that shall contest with so great a Philosopher as Aristotle in a thing so long received and uncontroverted had need take great heed and have his wits about him least instead of evicting his adversary he only acquires the repute of a light and foolish Man But least we should skip short for want of taking our run far enough back we will begin at the beginning of all things 12. As I am a Christian and therefore by the First Chap. Gen. ought There is but one first Entity and that is God to beleeve that God made Heaven and Earth Man and all other Creatures so if I had not received Gods divine revelation of himself in the Scriptures yet should I never have been a Peripatetick or Aristotelian who held that not only the world but the species of all things in it were from all eternity For there was either one first being the true prime and efficient cause of all things else or two or more first beings or no first being but all things were originally from themselves but the two latter are most manifestly absurd and contrary to sense and reason for unitas est secundum quam unumquodque eorum quae sunt unum dicitur but the first is one thing it is therefore impossible there should be two firsts or more nor is it less absurd to suppose all things to have been from eternity and so not to have proceeded from one superior being but had their being from themselves for if all things had from all eternity a power and being of themselves then might they have infinitely continued their being in their individuals and we see that every thing does naturally desire the preservation of its self but this is most manifestly false for we see all things are in their individuals resoluble into their first composition and perpetuated by generation in their species there is therefore but one first being of all things except sin which is contrary to the nature and essence of God who is all good which is God 13. All things were either originally generated of their like or from themselves or created by God But nothing could generate any thing like God in the beginning created all things it self before it was and by the precedent proposition no Creature could have its original being from its self All things
understanding cannot be any effect but from some efficient cause nor act without an agent then is it not possible but that which is in the understanding and does judge discern and phancie is superior and must precede every thing which is so judged discerned and phancied in the memory or senses All things therefore are so far from being in the senses before they were in the understanding that it is not only impossible that any thing which was in the sense should be in the understanding but also that which is in the understanding must be before it can judge discern or phancie any thing in the memory or senses And by consequence no Art nor Science can be learned or taught another who does not first understand the Principles thereof nor is it possible that the Principles of any Art or Science can be taught I know it is usual for men to confound the sense with the understanding As when a man talks unconclusively they say he talks not sense yet it may be he speaks very loud that is truly he talks not understandingly or not to be understood 39. By the authority of Aristotle Eth. lib. 6. cap. 6. the Understanding The Understanding is a ray of Divine light in the soul of man does apprehend things either abstractly or concretely Abstractly without the Reason as Principles for which no Reason can be given or concretely with the Reason as when by the Reason it apprehends things deduced from such Principles before understood and for which no reason can be given for Intellectus sit principiorum Scientia vero cum ratione conjuncta The understanding therefore of prime and universal causes for which no reason can be given can be nothing else but radius divini luminis in animabus hominum and by consequence it cannot be learned taught or communicated by any Creature or all the Creatures in the world 40. Only Man of all Creatures of this world understanding prime Only Man of all the creatures of this inferior orb is an intellectual creature necessary and universal causes and phancying things true and false just and unjust only Man is an Intellectual creature 41. * What things are Principles I. Principles by the authority of Aristotle Eth. lib. 6. cap. 3. are those things which are known to an Intellectual creature which do constitute Ratiocination and of which no reason can be given and cap. 6. are apprehended only by the Mind or Intellect Such are the Principles of Geometry and such are Idem eidem secundum idem esse non esse impossibile Omnis affirmatio aut negatio aut vera aut falsa Cujus est nolle ejus est velle c. II. Man not being only an Intellectual but a Sociable creature God hath engraven in the minds of all men certain Laws for which no reason can be given to which they ought to conform all their actions for the preservation of peace and society among men III. But because the Laws of Nature oftentimes only are ex Thesi there must be some things ex Hypothesi which must be understood and these must be prime and superior to them to whom they are given and for which they can give no reason or they cannot be the rule and reason of their actions I require Humane and Despotical Laws for Principles to those who by right or due are subject to them IV. But God having made Man not only intellectual rational and sociable but endued him with an immortal soul capable of eternal happiness He hath extraordinarily and supernaturally revealed himself in the Scriptures that men submitting themselves and their Reasons to those Divine precepts might work out their salvation with fear and trembling But if it be asked How shall I know the Scriptures to be Gods Word since they are not known to be so by the understanding nor outward sense I would ask that man if he be a Christian how he came to be so For his being a Christian implies his belief in them as the Word of God and he is required no more And if the power and grace of God were not as much shewed in converting the world to Christianity by the preaching of a company of poor Fishermen all Temporal powers persecuting and contradicting it as in all the Miracles of old under the Prophets and Patriarchs And whether the power and grace of God in his Son was not more visible under the New then in the Prophets and under the Old Law But because the Laws or Precepts of God in the Scripture command many things in Thesi only as Let all things be done decently and in order 1 Cor. 14. 40. 1 Tim. 2. and Let prayers and supplications be made for all men c. But this Decencie and Order is no where prescribed or defined by the Scripture and the Church to whom the right of defining such things is given by God ex Hypothesi the Laws therefore of Church or Ecclesiastical Laws are principles and necessary for conservation of Christian society I require only Humane Ecclesiastical and Despotical Laws for principles which do not immediately proceed from God All other principles whatsoever proceed or are immediately created only by God alone 42. All Men understand that they ought to obey the Laws of their No Laws create any obligation in conscience from any thing which was in the senses superiors But by the 37. Proposition there is nothing in the understanding which was in the senses Mens Obedience therefore or their obligation in conscience to the Laws of their superiors is not from any thing which was in the senses But it does proceed from the connatural Laws of Nature engraven by God in the minds or understandings of Men or from his Grace supernaturally given to Men and by consequence those men who do not from innate good principles their duty in conscience will never from any thing feared or received into the senses be it Whipping Branding or Hanging ever be made good but only deterred from being bad 43. Belief is the assenting to a thing to be true or false not as either What is Belief known to the understanding or outward senses but as affirmed or denied by one or more who are credible persons 44. Faith is the assenting to a thing to be true or false not as known What is Faith to the understanding or outward senses but as commanded or forbidden by God extraordinarily and supernaturally 45. It is an admirable thing to consider the providence of God who Whether things only credible may be as certain as known to the senses and incidently of the divine excellency of truth above any sensible knowledge is the God of truth in the preservation of those things which impartially relate the actions of Men and the revolutions which have hapned in the world Nor is it any more then a just and equal testimony Polybius in the Proem of his History gives of Truth viz. that she ought to
be esteemed as the greatest goddess and that the greatest power ought to be ascribed to her overcoming and triumphing over all the oppositions of Men and verisimilitudes Nor can any reason be given that Polybius Livy Plutarch c. did either write such Histories or that such Histories written by them were truer then those which are lost and rejected by Men but only a kind of divine ayre informing Men of their truth whereas those books which are falsely and factiously written are exploded and neglected in a very short time and yet whether they were truly or falsely written few or no Men can judge from any thing known to the outward sence I say few or no Man can so judge of them for in that time when they were written there were many more false and factious Historians to delude Men then true and just to inform them Nor can Men in subsequent generations from any thing in their outward sences judge or discern whether any thing they record be true or false Nay further no Historian except Caesar and Xenophon and some very few others who recorded infinitely more things not known then known to them to be true did ever know whether what he recorded were true or not To evidence this yet more fully there was scarcely except Caesars Xenophons ever any History truly written in those times wherein the things were done that men might take information from their outward senses but Men were so carried by Faction or Interest that in recording of things they record things not as true or false but as advancing their Faction and Interest whereas Men in the subsequent generation not having those Passions and Appetitions nor any sense of these things subjecting all their Passions and Affections as it were assisted by a divine Election do make Election of those things which are true and reject others which the Malice or Faction of Men had imposed upon the World And a Man is as certain that there have been such Men as Caesar Hanibal Alexander c. and as assured of their Actions as if he had seen them 46. Since all things which proceed from God immediately and for Faith is an extraordinary Gift of God which no reason can be given by any Creature may be justly required for principles by intellectual and reasonable Creatures and since the Scriptures proceed immediately from God or they could not be the Word of God are therefore the principles of Faith And since there is nothing within man naturally which may assure him that those things revealed in Scripture were Gods Revelation it does necessarily follow That Faith or the Belief of God in the Scriptures is Gods gift supernaturally and extraordinarily Nor can all the Arguments of Tradition Church Excellency of stile Truth c. move one stone to the proof of them For they were the Word of God before any Church or Tradition c. was And if they had not been the Word of God before the Church received them and delivered them to posterity their Reception and Tradition could never have made them so Besides the Church having its being from the Scriptures it can never prove the cause of its being And what was it less then the power and grace of God extraordinarily given to Moses That the Bush burned and was not consumed And of all the miracles done by him and the other Prophets and more then those done by our Saviour and the Apostles and blessed Martyrs since And that by the Preaching of a few Fishermen against all the Temporal Powers in the World Christianity should be propagated generally over the face of the Earth and that I without any thing in me or desert of mine am baptised into this Faith And he that shall dispute the truth of the grace and power of God in the Old and New Testament and since recorded in Ecclesiastical and Prophane History ought as much to be confuted with clubs and hissing as he that denies or disputes his Principles in any Art or Science 47. All Principles are true or false just or unjust good or bad either All Principles are prime and necessary either necessitate absoluta or necessitate medii necessitate absoluta or necessitate medii Principles that are true or false necessitate absoluta are so that they are immutable by God himself as that two and two added should not make four or that things equal to the same thing should not be equal to one another or that any being should be superior to the cause of its being or that contradictions should be true or else true or false good or bad just or unjust necessitate ex hypothesi And these though they are necessary and principles to those to whom they are given and immutable by them yet are they not principles and necessary to them who made and gave them As the Laws of Nature and Gods revealing himself in the Scriptures are principles necessary and immutable by all the Men in the World yet are they not principles necessary or immutable by God but he might if it had pleased him made something else the Law of Nature or otherwise revealed himself in the Scriptures So Humane Laws must be prime necessary and immutable by Subjects or their conforming or not conforming their actions to them could not be just or unjust But they cannot be prime and necessary or immutable by the Legislator but as he sees occasion may alter or make something else which was not before Laws for the Subjects to conform and direct their actions to It is therefore absurd and wilde to suppose that the Law of Nature is Annotat. simply necessary and immutable by God or that the will of Men can make it mutable 48. All Science all Learning all Reasoning and all Conclusions by Contra negantes Principia non est disputandum the Authority of Aristotle is begotten from pre-existent principles for which no reason can be given by the Learner which being granted do nemonstrate the Conclusion but by the Authority of Aristotle and all Philosophers no Science or Conclusion can demonstrate the Principles Where therefore either by a defect in the Understanding Men cannot or by a stubbornness in the Will they will not apprehend Principles there all Reasoning Learning or Discourse is at an end If therefore I would learn a Man Geometry and he either cannot or will not apprehend the Axioms or common Notions of it it is impossible I should ever make him understand the constitution of an equilateral Triangle Or if a Man denies the Laws of my Countrey I cannot teach him whether such an action be just or unjust Or if a Man denies the Law of Nature I cannot prove that he ought to honor and obey his Superior and to deal justly and uprightly with all Men Or if a Man denies or disputes the Authority of the Scriptures there cannot be any Conclusion or Inference from them whether as Christians any thing ought to be or not to be done or believed
creature until they become united into some place apted and disposed for production where from the benign influence of the Sun or celestial bodies as from a more universal and efficient cause they evade into living creatures Nor does this hold less true in the production or generation of all rational Science for the Reason by it self without matter cannot form dispose or define any thing Nor does the outward sense or memory apprehend things otherwise then as seen c. or remembred not as formed disposed or defined so as to be the subject of a Proposition Since therefore the Reason cannot prepare apt or define unless the Memory or outward senses supply matter nor the Memory without the Reason dispose prepare or define any thing so as to be the subject of a Proposition it does necessarily follow that the Reason united or conjoined with the Memory does prepare the subject of every Scientifical Proposition But in every Scientifical Proposition there must be a Predicate which comprehending the Subject must be understood The Understanding therefore is the prime and efficient cause of all rational Science and the Reason is the formal cause which does dispose and prepare the matter in the Senses or Memory to be comprehended judged or discerned by the Understanding And by consequence the Reason and Memory or Senses are but the Instruments by which the Understanding does generate and produce Science 63. Only Man can rightly infer and deduce particular Conclusions Why only Man is a reasonable creature from universal Causes and can direct his actions conformable to things in his understanding and not to his appetite and senses which is common to all living creatures as well as man only Man therefore is a rational creature 64. All men naturally desire to know And though by Aristotles judgment By what means men attain to Science all Science is begotten from preexistent Knowledge which from things granted does demonstrate the Conclusions yet must there be some manner and method which men must use by which others as well as themselves may understand this or that thing to be a Science or scientifical Conclusion Men therfore must propose that method which Euclid observes or all their science will be equivocal and obscure viz. First to define all those things of which his science is compounded in such terms that every singular or individual may be so comprehended that it may be wholly with all the parts of it contained in the definition excluding every thing else For if a man define a thing so that there be any so much as equivocation in it as that it does not signifie this only thus desined but may something else then of necessity must all the Science that bears a part of this definition be equivocal and uncertain And as the definition must not be equivocal to signifie more then the thing defined another thing as well as this so neither must it signifie less viz. any part of the thing defined for the thing for then all in which this thing is a part will be infinitely deficient and imperfect Secondly After the definitions I require such things as no ingenuous man will deny As that I may adde divide multiply convert c. these things thus defined Thirdly I set down those Axioms Principles Effata Pronuntiata Common Notions or Indemonstrable Propositions which are the first causes of the Science and do demonstrate all the Conclusions of it but in themselves are indemonstrable and for which no reason can be given but only the good will and pleasure of him that made them so And these Principles must be granted before any man can by his Reason produce any Conclusion And if a man denies these Principles all Argumentation is at an end for Contra negantem principia non est disputandum And no mans Reason can work upon nothing nor prove nor find out any thing before something be first granted by which a man may prove it or find it out 65. I have known and know many men who have vast memories Why some men are more phantastical then others and very strong phantasies who notwithstanding have been as unreasonable as any and would never admit of any discourse of any thing they fancied to themselves but upon a very slender opposition would fall into passion And the reason is because they phancie things only because they please them and do not understand them as true And if any man shews such a man some Consequence which will not follow from what he phancies or that it is inconsistible with some known universal Truth then does he seek to supply with passion what he wants in reason because he is crossed in what he desires should be true Whereas men who understand or desire to understand their Thesis or Notion not only take pleasure that nothing can be inferred from it which is false and that it is not inconsistible with any thing true whatsoever but will be so far from falling into passion with any man that opposes it that they would thank any man and take him for their friend that can shew them wherein what they suppose to be universally true is not or that it is inconsistible with something which they suppose to be universally true The Spirit of God says He is a fool that rages and is confident These light phantastical men who will phancie things for truth not because they are so but because they would have them so do not only rage when they are convinced that those things they phancie for truth are made to appear either but verisimilitudes or falshoods but will take them for illwillers who convince them and continue as confident in their foolish apprehensions as before 66. As the levity of the Phantasie which is always in agitation apprehending Why some men are more dull then others things without Reason is the cause why men too suddenly apprehend Verisimilitudes for Truth so the want of Phantasie is the cause why many men of vast memories very slowly apprehend the cause of any thing Where the Phantasie is too light there men apprehend or believe every thing for Truth they affect or desire and are soon perswaded to any thing they are not wilfully prejudiced to Where it is crass and dull and moves slowly or as we say where men are endued pingui Minerva there men are hardly moved to understand any thing 67. Sensible Knowledge is the retaining the Idea of things in the What is Sensible Knowledge memory which before were in the outward senses And there being neither Reason nor Understanding to the attaining of this Knowledge it is common to other Creatures as well as Man The Ox knows his owner and the Ass his masters crib says our Saviour 68. But all Causes from whence men do infer and discourse are not Of Argumentation à Posteriori so perspicuous as are the Axiomes in Geometry or the Laws of God and a mans Country But some Causes are known to Nature and
and Husbandmen yet I think no man will affirm them to be very understanding men how experienced soever they are But that man who shall go about of his own head to acquire Knowledge from Experience only shill be a Fool as long as he lives and live to see misery enough That the consequence of Experience may be taught irrational creatures capable thereof as well as men is every day seen in Horses Dogs and Hawks c. who from strokes blandishment and harsh words are taught many things contrary to their natural disposition 79. It is therefore evident that neither the Principles of Arts and Sciences Conclusion nor Arts and Sciences nor any Conclusion à Posteriori is to be enquired into only from the Memory and Experiment according to Aristotle's and the Doctor 's Judgment but Science may be taught without Experiment And that what is begotten from the Memory Observation and Experiment is common to all sensible creatures as well as men And whereas the Doctor says That there can be no prudent and truly Pag 29 de Gen. Anim. knowing man who by his own experience hath not throughly understood a thing to be so for without that we only have Opinion and believe but the Knowledge is rather to be esteemed other mens then ours I say Felix quem facâunt aliena pericula cantum Let other men by experience know that Laws hang whip and otherwise punish I say let the Knowledge be theirs for all me And in vain should all counsel advice discourse and reasoning be to any prudent man for the direction of his actions if Experience only of our calamity be the true and onely way to attain to Knowledge And though I be infinitely more in love with one Demonstration â Priori then it is possible any other can be with any direct or probable Conclusion à Posteriori yet will not I therefore exclude all Argumentation à Posteriori but reverence both the memory of Aristotle and the Doctor as two of the most eminent Philosophers of the Antients and Moderns who by their learned Labors have transcendently well deserved both of the present Age and shall of all Posterity Si placet in Logica nil vetat esse novum OBSERVATIONS UPON Mr. Tho. White Gent. his Grounds of Obedience and Government Dedicated to his best Friend Sir Kenelme Digby The First GROUND Wherein consists the Perfection of Government Author OUr Author begins and tells us he hath learned a Lesson in Cyropoedia it will prove a short one and yet more then is true wherein Xenophon moves the Question Why of all other living Creatures which are of different natures from Man we easily attain to the mastery and rule but few Men are so intelligent as to be fit to govern Men and those the worthiest part of mankinde Observ Why some body that hath better eyes then I finde any such thing in Cyropoedia as this last but few Men c. But our Author who hath made Xenophon speak what he list may best answer what he thinks good himself which he wisely does and so makes up the first Paragraph By the way it is a marvellous thing that Xenophon a Heathen man in his Proem should in admiration recite those very things of Cyrus which God by that most noble Prophet extracted from the loins of Royal Ancestors foretold almost One hundred and fifty years before Cyrus was born in the very name of Cyrus which any man who compares this Proem with the six first Verses of Isaiah Chap. 45. may see Author But our Author goes on and tells us We need not look into Philosophy nor study learned Books to know that the nature of man is inclined to have its own will and casts all things which are under his consideration to compass and effect it As also every ordinary mans knowledge and consideration is far beyond any we finde in other living creatures and by consequence is far less easily masterable then any of them Observ If God had not made Man a Rational and Intellectual Creature and ingraven the Law of Nature in his minde that he might conform and direct his Actions thereunto but onely his Will to be the Rule and Reason of them I should be content to subscribe to what our Author says in this Paragraph but indeed I shall not easily renounce all these to assent to him Author Whence we may plainly collect That were it possible for a Governor to make every single Person in his Dominion understand particularly that what was ordered by the Government was his own truest Interest such an one would be the most absolute and perfect Governor and infallibly would finde the charge of governing most easie and sweet as well to himself as subjects Observ Our Author in the antecedent Paragraph makes Man inclined onely to have his will in all things In this he tells us it is best for the Governor to make every individual subject to understand which is to no purpose if every man will have his will and do onely in order thereunto Author Our Author to clear this case both in Reason and Experience tells in the next Paragraph Of driving a Wedge into a hard piece of Wood and of Blacksmiths laying their Iron upon their Anvile in a scituation below their Heads Observ He means sure such a position best sorts with his discourse Author Upon which Principle it is that they who tutor Dogs Horses Elephants and Hawks knowing the ordinary attractive of Beasts to be meats and some kinde of flattery make them to understand to the proportion of their capacity that to do the action they breed them for gains them food To which they joyn also certain motions of stroaking and gentle words that make an impression in the Beast of its own excellency and that it pleases its Master In like manner to deter them from certain actions Cudgels whips and harsh words are used which have a notabler efficacy then one could imagine if he saw it not by exerperience Observ Our Author before having made Man onely to have Will here makes Hawks Beasts and Beasts to have understanding and by consequence himself a verier Beast then Dogs Horses Elephants and Hawks Author This viz. Flattery Cudgels Whips and harsh words applied to mankinde drives the effect home and see his Reason for Man being a Rational Creature whose inclination is to work according to Knowledge desires to know that the work prescribed him is good Observ Did ever any man hear that Flattery Cudgels Whips and harsh words were to be applied to Man because he is a Rational Creature and that from thence he desires to know that the work prescribed him is for his good Indeed stripes are fittest for the back of a Fool it may be it is from thence our Author knows no other way of attaining his good And here he makes Man to work according to the inclination of his Knowledge and before of his Will And I tell our Author a Man may
Father was wont to say his Son commanded all Greece For the Athenians commanded the other Grecians He commanded the Athenians his Wife him and his Son commanded his Wife How much greater power had our Author in this Government than Themistocles his Child had over the Grecians For in all our Authors Government you shall find two degrees of Comparison above the superlative viz. the peoples Power over their supreme and absolute Governor and our Authors supreme supremest Power who has a Power when he will to make what he list the Peoples Laws which shall oblige and tie up their absolute Governor And when the toy takes him they shall be the Governors Laws And Ground 11. latter end No supreme Magistrate can be bound to any Laws contrary to what our Author or Governor shall call good Government And now who would think so wise a fellow as our Author who in this Government had such a monstrous and most unlimited soveraignty should by shewing his power in giving his Rational multitude liberty to dissolve it lose it all in an instant sure this Icarus if he neither drowns nor otherwise kills himself in the fall will only rise up again to hang himself Well but let us see whether upon our Authors principles this Government can be dissolved or be in the power of his People or Rational multitude All Men who have written of the Cause and Nature of things have put a difference between Natural and Voluntary or Rational causes or things Natural causes or things are those which proceed immediately from God and are above the Will or Reason of Man Voluntary causes or things are those which do not immediately proceed from God but from the Will and Reason of Man But ex Hypothesi this Government Ground 7. page 48. is connatural and Ground 8. page 50. Natural and therefore this Government is superior to the Wills or Reason of the People and cannot be by them dissolved but the resisting of it is a violence upon Nature and not only Irrational but Immoral and unjust Thus have we seen our Author make a Government and thus have wee seen our Author marre his Government Let him tell us Ground 15 âherein consists the Liberty of the Subject Ground 16. Of the dispossession of a Supreme Governor and his Right And Ground 17. Of a Governor dispossessed only because our Author Ground 17. tells us that Pope Urban the eight was an Intelligent generous Prince and well versed in publick Government and he made a decision that after five years quiet possession of an Estate the Church was not bound to take notice whether the title were lawful or no I will tell our Author that if Pope Urban might not take notice after five years who is the lawful Governor yet Pope Pius the fourth after above twice the time declared by Pope Urban might take notice of it as you may see Hist Con. Triden 423. and 443. So then Pope Pius may do that which Pope Urban is not bound to do or say what he will for me I am content if after all this pains on my part I shall not in the Judgment of wiser and more discerning Men then my Author or self have made my self like our Author in thus far answering him to his Grounds of Obedience and Government OBSERVATIONS ON Mr. HOBBS De Cive Observ HIs first Axiome or Principle he begs both in the Preface and second Article of the first Book De Cive is That the beginning of Civil Society is from Mutual Fear Yet in his Preface and second Annotation upon this Article He fears that some men may deny it yea it is true that very many men do deny it This therefore being required for a Principle and the first Principle and by consequence not to be proved but to prove all that may be inferred from it and since that he grants that very many do deny this Principle Then by very many men must the whole body of De Cive be rejected For Contra negantes principia non est disputandum But if men will not grant this Principle in the Pref. and Annot. abovesaid he will prove it so that he will make them ashamed of it and how think you It will be somewhat odd sure to prove Principles He tells you That all Cities although they be at peace with their neighbors yet keep Garrisons and Soldiers upon their Frontiers And that when men go to sleep they shut their doors and that men taking a journey do it with a sword and that men treat usually before they fight Observ All Science all Learning and all Reasoning whatsoever by the authority of Aristotle is begotten from pre-existing Principles which prove the Science and Learning but by the judgment of Aristotle and all Philosophers and men in their wits no Science Learning or Reasoning can prove the Principles Besides it is a contradiction to say any thing is a Principle which can be proved for that which proves it is prime and a principle to it Would any man now think that these Critiques and pretended Masters of Reason had ever read one line in Logick or Aristotle who go about to prove Principles by such silly things as have scarce any verisimilitude in them Nor does he only make Fear to be the prime cause of all Humane Government and Civil Society but also chap. 16. art 1. he makes it the cause of all Religion and Worship of God Observ As if that men were not obliged to submit to higher Powers not only for wrath take it in what sense you will either fear of the wrath of the higher Powers or mutual fear of the wrath of other men but also for conscience sake And that God were not in gratitude to be worshiped and served by ingenuous men because he is good and created them intellectual and reasonable creatures but only by a servile fear of his Judgments from whence only vile and vitious men seem to but never truly serve or honor him A pretty institution of Religion and Government for the Men of Bedlam and Wives of Billingsgate He divides the whole Treatise into three titles viz. Liberty Empire and Religion Under the title of Liberty he speaks of men as they are in a state of meer Nature viz. of a state of men before they have by Pact given up their natural right to one Person or one Court or Company of men so that the will of this Man or Court shall be the will of all of them and this he calls cap. 5. art 9. Civitas or Persona civilis If Mr. Hobbs had by a state of Nature understood such a state as S. Paul Observ Rom. 2. 14. does viz. of men who have only the Law of Nature and not Gods Divine Law supernaturally revealed in the Scriptures to be their rule and guide and that men in such a state not having the Law may by Nature do the things contained in the Law for this Law is ingraven in the hearts of all men he
should have disputed without an Adversary for me But when he makes all men Jure naturali which is superior and the cause of all Laws of Nature to be equal and in a parity of condition and every man by his own natural right to have a power over every man and to kill and destroy them whensoever it seems good unto him and yet without any sin and that this State is only to be cured by the Laws of Nature of his own making although he would have them to be Divine Laws and contrary to Natural rights is such a monstrous Paradox and absurdity as I wonder any Ingenuous man should assent to it Under the title of Empire he is not less wild and extravagant in his concessions to the thing be it King or Court created by Do or Dedi and not Dabo or Faciam For he makes it not only Soveraign Judge of all Ecclesiastical as well as Civil causes but also impossible to command any thing contrary to the Law of Nature Yet he makes the Law of Nature the Law of God and this Creature of creatures to be so infallible that it is impossible to command any thing contrary to it It is not worth the examining what he would have under the title of Religion for men say the man is of none himself and complains they say he cannot walk the streets but the Boys point at him saying There goes HOBBS the Atheist It may be therefore the reason why in all his Laws of Nature he allows no place for the Worship and Service of GOD. But it is time to examine the particular Articles upon which this Body De Cive is built 1. His marginal Note upon Art 3. Cap. 1. is Homines naturâ aequales esse inter se Observ There is no one Proposition in the world more false then this nor more destructive to all faith and truth of Sacred History For whereas he says that by nature Men are equal to one another if the Scriptures be true that God made Adam an Universal Monarch as he says as well over his Cap. 10. art 3. Wife and Children as other Creatures and that since Adam God did never create any Man but the species of Mankind was continued by generation and that as he says Primogeniture is preferred by the Law of Cap. 3. art 18. Nature which Cap. 3. Art 29. is immutable then it is impossible that Cap. 4. art 15. since Adam any two Men in the world can be equal where God does not make them so Indeed if Mr. Hobbs had been an Athenian who stiled the Men of Observ 2. Attica ãâã ãâã ãâã ãâã ãâã Men of the same Land or a Peripatetick who held that Men and the other things of the World were from Eternity as well as the World or an Egyptian who held that from the example of divers creatures generated out of the river Nile Men at first were generated from equivocal generation or that Men had sprung out of the ground fungorum more there might have been some small semblance for his opinion 2. His Argument to prove the Natural equality of all Men is Aequales sunt qui aequalia contra se invicem possunt At qui maxima possunt nimirum occidere aequalia possunt Ergo Homines natura aequales inter se His minor Proposition is no where proved and I am sure contrary Observ Gen. 9. 6. to what God says Whoso sheddeth mans blood by man shall his blood be shed for in the image of God made he man 3. Nature hath given to every Man a Right to all things Cap. 1. art 10. Observ What thing is mine naturali jure as he says or lege naturali is mine so that it is impossible it should be aliened or made anothers by any act of my will or the will of all the men in the world For natural causes do not depend upon voluntary humane actions and therefore the natural right which Nature has given to every man remains still with every man 4. Filium in statu naturali intelligi non posse Annot. art 10. Observ And therefore from Adam to our Saviour could there be no such natural state For S. Luke cap. 3. gives a Genealogie of Adams sons and sons sons to our Saviour And since I do not think Mr. Hobbs can shew that ever there was such a state in the world 5. The state of Man in Nature is hostile And cap. 8. art 10. he says Art 12. Men in the state of Nature may kill one another so often as it seems good unto them And therefore he must invent and seek to make himself in a better condition then God hath made him and that forsooth is by seeking Art 15. cap. 1. Observ Peace which he says is the first Law of Nature Is it not strange that a thing invented and made by the wit and will of Man and that contrary to the state and condition in which God hath made Man should here prove to be a Law of Nature which is the Law of God And is not more strange that God hath made Man upright and he hath Observ 2. Eccles 7. 27. sought out many inventions and yet Man should have need of Mr. Hobbs his help to invent and make him in a better state then God hath made him or else he says his conservation cannot be long expected Art 15. Neither is it possible in such a state where all men may kill one another Observ 3. and where all things are alike and common to all men that men should make any pacts or contracts one with another For besides that where men have nothing proper there men cannot make pacts or contract for any thing also where there is no precedent humane Law obliging there cannot any man be obliged or bound to any thing by his pact or contract for to be bound is in relation and must presuppose something which does bind but if nothing binds me but my Will which is a contradiction I may unbind me when I will for my Will is free I deny that any man or any company of men can will any thing to be Observ 4. a Law to themselves For Omnis potentia activa est principium transmutandi aliud And therefore the act of no mans Will can have a power or obligation upon himself and by consequence cannot any man or company of men will or make another who shall give them Laws for Nemo potest transferre id in alium quod ipse non habet 6. Legem naturalem esse dictamen rectae Rationis Cap. 2. art 1. Observ Wold any man think that these Critiques and pretended Masters of Reason did either understand Reason or Logick If Lex naturalis be dictamen rectae Rationis I ask of Mr. Hobbs what is the reason of it If it be a prime cause or principle then by the authority of Aristotle Eth. lib. 6. cap. 3. 6. does it constitute the
the Father may alter them and the Son sell them Primogeniture being so sacred a thing that Esau was said to be a despiser of his Gen. 25. 34. birthright that he set it at a price to save his life and being due by the Law of Nature he could not transfer it to Jacob by any act of his yet was it just with God because he despised it to transfer it to Jacob. 17. The submission to the will of one Man or one Council then becomes the Cap. 5. art 7. will of them all when every one of them obliges himself by pact to one another not to resist the will of this Man or this Council to which he hath submitted himself Observ Here is nothing to pass or to be transferred from one Man to another and therefore here can be no pact and here I would fain know how to bind and to be bound can be the same thing which Mr. Hobbs here makes But every Man binds himself forsooth and therefore every Man may when he will disoblige himself for unumquodque dissolvi potest eo ligamine quo ligatum est 18. The Right of punishing is then to be understood to be given to any one Cap. 6. art 5. when every one doth covenant that he will afford no help to him who shall be punished Observ What power of life or death is here any more then if a company of Men contract one with another that they will afford Mr. Hobbs no relief if another Man will kill maim or punish Mr. Hobbs that then this Man hath a power over Mr. Hobbs his life and person and this Right forsooth he will call gladium justitiae Art 6. 19. Having made the Temporal power to have its origination from the Inventions Pacts Wills and policies of Men he makes it Judge of all Cap. 6. art 11. Doctrins and Opinions of Faith and this from convenience for saies he If one may command any thing upon pain of Temporal death and another forbids it upon penalty of eternal death it will follow not only innocent Citizens may be punished but the City it self be dissolved for no Man can serve two Masters Observ I would know how this granted could Christianity be preached when the Temporal Laws every where did forbid it Our Savior saies Whoso hateth not Father and Mother and Wife and Children and Brethren St. Luke 14. â6 St. Math. 10. 28. and Sisters yea and his own life he cannot be my Disciple And if Temporal powers command any thing contrary to the Laws of God we ought not to feare them that can kill the Body but are not able to kill the Soul but rather to feare him who is able to destroy both Body and Soul in Hell 'T is true indeed no Man can serve two Masters who may with equall Right command the same thing but a Man may serve two Masters who do not with equal Right command the same thing as a Tenant who owes Homage to his Lord is the Lords Man of life and limb and of earthly worship and ought to be true and faithful to him saving Littleton Hom. cap. 1. the Faith he owes to his Soveraign Lord the King and so every servant ought to obey his Master in all things which do not contradict Gods nor his Country-Laws and so ought every Man to submit himself to Temporal powers in all things if they be not repugnant to Gods Laws And let any Man see whether the whole scope of this Article be not to make all Faith and Religion as well as Society a meer invention and policy of Man and humane constitution and Creature of a Creature nor is the danger he makes so much to be feared for Ecclesiastical Powers have nothing to do with Secular jurisdictions 20. There are some doctrines held he saies by which Citizens are impowered Annot. art 11. Cap. 6. to deny Obedience to the Civitas and to fight against Supreme Princes and Powers and that by Right yea it behoves them and this belongs to the power which many do attribute to the Prince of the Church of Rome in aliena Civitate and to the power also which Bishops otherwhere out of the Church of Rome ascribe to themselves Observ I do not know nor did ever hear that any Bishops out of the Church of Rome did ever ascribe to themselves this Power Nor are there any Bishops in the Western Churches of Christendom out of England Ireland Sodorensis Episcopus and the Isle of Man if those in Scotland were not which is a question and sure this Hierarchy never challenged any such Power But why does this Man take such care for peace and quiet when as by his own principles he justifies all the actions of the League in France against Henry the fourth for Henry the third never gave nor sold the French Monarchy to Henry the Cap. 9 art 13. fourth nor did the Duke of Mayne and his party upon the death of Henry the third oblige themselves by pacts one to another that the will of Henry the fourth should be the will of them all 21. It is most manifestly false and contrary to the practice of the Cap. 5. art 9. whole world where Men are not condemned to slavery that servants have Cap. 8. art 5. no property against their Masters for where servants are not slaves they may both sue or implead and be sued or impleaded nay they may sue their Masters for Debt or not performance of Covenants c. 22. Where he makes the Fathers power not to arise from Generation but Cap. 9. art 1. that Art 7. Children are subject to their Father no otherwise then Servants are subject to their Masters is so wild and groundless an opinion that it is not worth an answering 23. It is he saies a seditious opinion that Faith and Sanctity are not acquired Cap. 12. art 6. by reason and study but alwaies supernaturally infused and inspired and yet he saies Cap. 18. Art 4. prope finem There is but one way to Science i. e. by definitions but this way to Faith does hurt Observ How these two are consistible I do not understand 24. Jus is contrary to Lex Cap. 14. art 2. prope finem Observ Therefore by the 4. Axiom lib. 1. Euclid Jus naturae is contrary to Lex naturae By Art 1. cap. 4. Lex naturalis est Lex divina And therefore by Art 2. cap. 14. Lex divina is contrary to Jus divinum which is most abominable Blasphemy Nay he says * Cap. 8 ar 10. and oftentimes in hi. s Preface Jus divinum positivum is the Scripture and here Lex divina positiva to be the Scripture So that he makes contraries to signifie the same thing Observ Lex naturae cannot be contrary to Jus divinum nor different but only in this Jus divinum is an absolute right in God to will or command any thing to be a Law of Nature and
Lex naturae is that which is so willed or commanded by God I deny therefore that any Creature can have Jus divinum but that all right which any Creature hath is either from some Divine or Humane law Jus naturae is superior and must precede Lex naturae By Art 3. cap. 1. Every man hath Jus naturae Therefore every man hath a right above the Law of Nature and so Mr. Hobbs may save himself the trouble of his Philosophical Elements De Civie For since he makes every man above the Law of Nature sure he can never make him subject to any Humane Law 25. It is impossible for the Civil Law to command any thing contrary to Cap. 14. ar 10. the Law of Nature Observ Is it not a wonderful thing that this man should make the Civitas to be a humane Artifice and invention and the Law of Nature to be the immutable Law of God and yet that it should be impossible that this Artifice or created Deity to command any thing contrary to this immutable Law of God Sure the greatest Papalian never ascribed so much to the Pope in Cathedra I will then tell him wherein the Civitas may command Wherein the Civitas may command contrary to the Law of Nature contrary to the Law of Nature and wherein he is mistaken The Laws of Nature are either upon supposition of Humane Laws or not upon supposition of Humane Laws as Thou shalt not steal supposes a Humane Law which gives Property but Honor thy Parents Be grateful for benefits received c. supposes no Humane Law And therefore if the Civitas commands me to dishonor my Parents or to be ingrateful for benefits received which de facto it may this being but a Humane Law I am notwithstanding obliged to honor my Parents and be grateful for benefits received But Mr. Hobbs supposing no Laws of Nature but upon supposition of Humane Laws is the reason I conceive why he says It is impossible for the Civitas to command any thing contrary to the Law of Nature Yet will he have one exception viz. That the Civitas commands nothing Ibidem Observ 2. to the contumely of God If a man should ask him whether there be no Law of Nature but the Honoring of God If there be no other Law of Nature then to what purpose are all his Laws of Nature of standing to Pacts of seeking Peace c. Well but if men by the Law of Nature are obliged to honor God and it be impossible as he says for the Civitas to command any thing contrary to the Law of Nature then is it impossible for the Civitas to command any thing to the contumely of God and so he has made a needless exception But it may be he does not think that men by the Law of Nature are bound to honor God for he has not so much as mentioned it in his Laws of Nature For then they are no Laws Mr. Hobbs Yes the Statues of Omri were Statutes although they commanded to the contumely of God and so was Nebuchadnezors command for the worshiping Observ 3. the Golden Image a Law though made to the contumely and dishonor of God Whereas he saies Quid sit Adulterium does depend upon the Civitas I would know of him whether it were Adultery in David in lying with Bathsheba Observ 4. during Uriahs life if it were then is it not true which Mr. Hobbs here saies if it were not then did God unjustly so severely to punish him therefore Tyranny is not a State of a City different from rightful Monarchy Cap. 7. art 3. Observ True upon your false and feigned Principles where the wills and pacts of men are made the cause and origination of all Power in Government where Mens wills are made their Laws then which nothing can be more destructive to all Laws divine and humane and the most Wilful man should be the most Just man for to what purpose should there be any Laws Divine or Humane if a Man 's own will be a rule and Law to himself and by this Mans principles it is only mens wills from which all Power in Government is derived and to which Men ought to be subject Yet good Man some difference he makes viz. only in the exercise Mr. Hobbs of their Power he forsooth is a King that rules well and he is a Tyrant that rules otherwise Observ As if Absoloms kissing the Israelites when they came to demand Justice and his desire to judge the people righteously had made him a good Title to the Crown of Israel or that Jeroboam or Athaliah had not been Usurpers but very Rightful Princes if they had ruled well But though he makes no difference between Swordbearers and Swordtakers between Gods Ministers and Theeves and Robbers yet the Holy Ghost does for Gods Minister is a Swordbearer and if he be not Gods Minister and a Rom. 13. 4. Swordbearer but a Swordtaker as our Saviour calls them who have not a St. Matth. 26. 52. just Authority then whosoever sheddeth mans blood by man shall his blood be shed for in the image of God made he man And if ever Man had a just Gen. 9. 6. cause to have taken the sword then had St. Peter in defence of his Lord God and Master but our Saviour reprehends him telling him that whosoever takes the Sword shall perish by the Sword And it is not wicked men whom Usurpers Tyrants and Swordtakers so much murder for it is no better as vertuous and honest The worst of private Malefactors may justly with the Whore in Terence answer to the best of Swordtakers if there be any degree of goodness in any of them quamvis ego digna sum hac contumelia maxime indignus tamen tu qui feceris And whereas he only makes Tyrannus ab exercitio it is false for the abuse of a thing does not alter the nature of a thing as a Man is a Man although a bad Man who abuses those good parts which God hath given him so is a Father and a Master a Father and Master yet bad ones where they abuse their Power and so is a King a King although he abuses his Power and the Holy Ghost many times calls them wicked and idolatrous Kings c. but never Tyrants as this Man does I would here gladly be satisfied of Mr. Hobbs how if God made Man Cap. 1. art 12. and Cap. 8. art 10. in the state of pure nature as he saies in such a cut-throatly condition and so much worse than any other creature that men might jure naturali everlastingly kill one another and commit no offence if the King or Civitas does not restrain it God could in justice have punished Cain for killing Abel Cap. 6. art 16. if Cain or Abel had not gone to Do or Dedi and not to Dabo or Faciam with Adam and made him their King or Civitas over them and Adam have given them
as they proceed from one thing to another and add to them in the specifications of them for Omnis additio probat minoritatem But no man who desires to be understood or who desires to understand himself will undertake such a task as Grotius here does to compile a Volume upon such contradictory equivocal and obscure Principles For Conclusio sequitur deteriorem partem And if any part of a Proposition be but probable though the Sillogism be made in the clearest Mood yet the Conclusion is no more And any man may much better thus reason then Grotius does A right-lined Figure is that which is comprehended under right lines and that which is comprehended under three right lines is a right-lined Triangle Sciendum praeterea c. It is to be further understood Right-lined Figures are not only such as are contained under right lines but may serve for many other things besides So Spherical Figures as they are now used by Astronomers the invention of man has found out but being found out these right-lined Figures may serve for them also for Spherical and right-lined Figures have many things common to them both as when they are cut transverse they are cut to right angles and in Spherical and right-lined Triangles two sides is more then the third howsoever taken and in both the sides have the same proportion one to another that their opposite angles have nor are they in any thing contrary one to another Yet if any man shall take a Spherical and right-lined Triangle for the same thing as Grotius does Jus Naturale which he makes to signifie Community and Property in the same Principle which are contrary one to another I make no doubt but he might compile as big a Volume and almost as little to be understood as this De jure Belli Pacis Well but let us see why Jus Naturale is immutable by God himself Note Grotius every where almost confounds Jus with Lex and here he takes Jus Naturale for Lex Naturae For Although says he the power of God is immense yet some things may be said to be to which it does not extend it self because those things so said are only said and have no sense which may express the thing but are repugnant to themselves So that twice Two should not make Four cannot be effected by God Observ It is true that God cannot make contradictory things and things repugnant to agree and to be the same But this is nothing to Grotius his purpose for a Similitude proves nothing nor is there any analogie between the things propounded by Grotius For though things simply necessary be If Lex lata had any obligation upon the Legislator then were the Creator obliged and subject to the creature than which there is nothing more blasphemous immutable by God yet the Law of Nature is the Law of God and therefore being a creature of God's it cannot have any obligation upon God but being the Law of God given to Mankind it is immutable by them and God might if it had pleased him have given something else for the Law of Nature to Mankind Both Grotius his Positions therefore in this Section are manifestly false absurd and blasphemous viz. That the Law of Nature is immutable by God himself And That Usus communis is Jure naturali and yet mutable by the will of Man And if I be demanded to shew an example that God is not obliged to the Law of Nature or that the Law of Nature is not immutable by God I say Jus suum cuique tribuere is from the Law of Nature yet did the Children of Israel borrow Jewels of gold of silver and raiment of the Ex. 12. 15 16. Egyptians and all such things as they required of them and spoiled them by not making restitution without any violence upon the Law of Nature because God commanded them nay they had sinned and disobeyed God if they had not done it And so by the Law of Nature every Father is obliged to preserve and nourish his children yet because when God commanded Abraham to offer up and kill his son Isaac Abraham was obedient to God and would have done it God takes it for the highest act of Abrahams faith and swears by himself That in blessing he would bless him and in Gen. 22. 17. multiplying he would multiply his seed as the stars of heaven c. Yet can no man borrow with a resolution of not-restitution nor any Father put his Son without cause to death where God does not command though all the world should command it without a violence upon the Law of Nature Nay I say the Laws of Nature being eternal there was never any time when men ought not to give every man his due and so by consequence no time when Grotius his Usus communis was since Men were born but ever since Men were in the world Dominion and Property have been Cain had his Gen. 4. 3 4. Fruit of the Tillage of the ground and Abel had his Flock and the Firstlings of his Flock neither of which could be if Grotius his Usus communis had been Object But you may say Property presupposes humane Laws which must give it and humane Laws must happen in succession of time And that therefore before these humane Laws were there could be no Property and by consequence all things were common and undivided Sol. For the satisfying of this doubt we must consider that God in the Creation only created one Man and out of him made Woman and that ever since no Man was ever made but the species of Mankind hath been continued by generation I grant that all things were common to Adam except the forbidden fruit but no Man that was ever born into the world and not a Posthumous King who was not born in subjection to humane Laws Nor did ever Adam derive this Legislative right which he had over his Wife and Children by any Pact Contract or Submission of his Wife and Children but had it from God because he was first made 1 Tim. 2. 13. It is therefore manifestly false which these men beg That by Nature all Men are equal and that the will of Man brought in Dominion Nor do these men shew out of any sacred or prophane History that ever Dominion was brought in by Man or that Men had things common and undivided among them Well but Grotius having in this Paragraph in a tedious unsignificant Lib. 1. cap. 1. para 10. thing defined the Law of Nature so as it may signifie any thing and made it the Law of God and that thing which hath quite routed this Law of God out of the world and set up another thing in stead of it to be the Law of Nature and made the Law of Nature to be immutable by God himself and yet to continue but for a certain season thinks he hath not so perspicuously done this but that a certain Image of mutation may
deceive them who take not heed whenas the Law of Nature which is immutable is not changed but the thing of which the Law of Nature does work receives some mutation For example If a Creditor to whom I am obliged takes what Lowe him now I am not bound to pay not because the Law of nature leaves to command to pay what I owe but because what I did owe ceases to be And to prove this he brings Greek in Epictetus Observ It is true that universal causes in nature produce nothing but as meeting with particular material causes the law of nature therefore of it self produces nothing but as meeting with particular material causes apted and disposed for the law of nature to work upon and therefore when these particular causes cease the obligation which the law of nature creates ceases also As Thou shalt honor thy Father and Mother is the law of nature but then there must be Parents Children or the law of nature creates no obligation and therefore when the particular cause ceases the obligation of the law of nature ceases also as when Parents are dead the law of nature in that particular can have no obligation upon their Children And so in the instance which Grotius gives a Debtor is by the law of nature obliged to pay his Creditor but this Debt being paid the particular cause ceasing the obligation of the law of nature ceases also What need therefore was there of Arrianus his Greek out of Epictetus to prove a prime and necessary truth which is of more authority then forty Arrianuses and all the Greek in Epictetus Grotius and all his Authors and Poets to boot Grotius goes on So if God commands any man to be killed or to take away any thing that is anothers It is not lawful that Murder or Theft be done which terms involve vice but it is not Murder or Theft which is done by God the Author of life and all things They say Nulla similitudo quatuor pedibus currit I am sure this similitude Observ 2. runs not upon one foot for in this last the particular cause remains whereas in the former it is taken away and if the law of nature be immutable by God and Thou shalt not kill or steal be from the law of nature then it is Murder and Theft although commanded by God Thus hath Grotius instead of clearly propounding his principles and orderly reasoning from them thatched a company of equivocal and contradictory principles with Poets and Authors brought in by head and heels so as not any one proposition is clearly stated and disputed but the whole Treatise a most perplexed and unsignificant thing God conferred upon Mankind generally Jus Right immediately after Lib. 2. cap. 2. Para. 2. the Creation and again when the world was repaired after the flood over all the things of this inferior nature There were as Justin saies all things common Lib. 43. Lib. 1. Para. 16. de jure Belli c. and undivided to all Men even as one Patrimony should be to all Men. God was pleased peculiarly to give rights dare jura to one only people viz. the Hebrews Observ Which is absurd and impossible by the ninth Notion of the first Book of Euclid viz. a part equal to the whole the Hebrews not being all mankind but a part Grotius goes on Hence it came to pass that every man gathered whatsoever Lib. 2. cap. 2. Para. 2. he could snatch to their own uses and consume what could be consumed and whatsoever any man had so snatched that could no man take from him but by injury but this State could not long continue Observ How 's this This is more monstrous and absurd then the other what God gave a Right to Mankind and that so immutable that it is unalterable by God himself and yet not possible long to continue To prove this first Common Right of all things common and undivided to Mankind he refers to Gen. 1. 29. 30. And God said I have given ãâã ãâã ãâã ãâã ãâã the Septuagint has it to you in the plural number when Adam only was created every herb bearing seed which is upon the face of the earth and every tree in the which is the fruit of a tree yeelding seed to you it shall be for meat c. Now how could God speak to Adam in the plural number when Adam only was created It is said verse 27. So God created Adam in his own Image in the Image of God made he Man Male and Female created he them And therefore God speaks here to Adam and Eve Now whether God gave this Right to Adam and Eve in Community to both alike as Grotius would have it or to Eve in subordination to Adam I refer it to any Christian Man to judge Let the Woman learn in silence with all subjection c. and the 1 Tim. 2. 11. reason the Apostle giveth is Man was first made then Eve But suppose that God gave this Right not only to Adam and Eve but to all Mankind in Adam verse 13. and Eve yet by the authority of the Holy Ghost had Adam dominion over all Mankind because Adam was first made and therefore God at the Creation of Man made Government with Mankind Let us see whether Grotius has any better luck with his common and undivided Right of all things c. immediately from the time of the world repaired after the flood which to prove he refers to Gen. 9. 2. 3. And the feare ãâã ãâã ãâã ãâã ãâã of you and the dread of you shall be upon every beast c. every moving thing that liveth shall be meat for you even as the green herb have I given you all things Observ Now then if this were not given to Noah his Wife and Noahs Children in subordination to Noah but as Grotius would have it in community to all alike then had Sem as much Right to all things as Noah Ham as Sem Japheth as Ham Sems wife was an intercommoner with Noah Ham with Japheths wife and Noahs wife with them all if this be true Mr. Hobbs makes Noahs Sons in an ill case where he saies filium in statu naturali intelligi non Annot. art 10. cap. 1. posse no Son can be understood in the state of nature and Sem Ham and Japheth are Bastards and not Noahs Sons Well if Noah and his Wife his Son and their Wives had all things in common that is every one of them get what they could snatch to their own uses and consume what might be consumed from whence did Noah snatch his Vineyard and drank the wine thereof untill he was drunken If you beleeve Grotius it was Sems Vineyard Verse 20. as much as Noahs Japheths Wives as much as Sems and Hams Wife had as much right to it as any body else Poor Noah thou hast taken great pains here to little purpose if Hugo be thy Judge Well Mr. Hobbs rather then he
will run upon Scylla shall split himself against Charybdis and he makes jus to be the same thing with libertas and Cap. 1. art 7. the foundation of juris naturalis to be that every Man as much as he can may defend his life and members And Natura dedit unicuique jus in omnia Grotius Art 10. Lib. 2. cap. 2. Para. 2. saies Erant omnia communia indivisa omnibus veluti unum cunctis patrimonium Which is all one and the same thing differently expressed Thus far these Wits jump we shall see them far enough asunder by and by But Mr. Hobbs no where tells us when this Jus Naturale was in the world sure it was when Apes could speak and Owls sing They both agree too that this was a time when there was no Government or subordination of Men nor Women for ought I can find under one another before Men had made Government by giving up their will to any Man or Court Mr. Hobbs calls this time Status merè naturalis Grotius Status Cap. 1. art 10. Lib. 2. cap. 2. Part. 2. qui durare non potuit A little before he says Quod quisque arripuerat id ei eripere alter nisi per injuriam non poterat Mr. Hobbs says It was not at all Cap. 1. art 10. profitable to Men that they had such a common Right in all things for the effect of that Right is almost the same as if there had been no Right at all For although a Man might say of every thing This is mine yet he could not enjoy it because of his Neighbour who with equal right and force here the Wits begin to disagree might pretend the same thing to be his Nay Mr. Hobbs goes further and is so far from supposing it an injury to take any thing from any Man in the state of pure Nature that he makes this state hostile and Art 2. Art 3. Cap. 3. art 4. that Men may kill one another and yet do them no injury And the reason he gives for it is That injury is done only to him with whom we have made a Contract otherwise it is only damage any Man can do to another Observ Here we see these Wits plainly to differ next bout we shall see them removed as far as Gades is from Ganges Grotius defines a Li. 1. cap. 1. para 10. Jus naturale to be Dictatum rectae rationis à Deo ipso immutabile Mr. Hobbs b Cap. 2. art 1. defines Legem naturalem non esse consensum hominum sed dictamen rectae rationis And c Cap. 3. art 3. Leges naturae sunt immutabiles The Laws of Nature are immutable and d Art 31. the same with the Moral Law Here Men begin to speak and the Apes to hold their peace But Mr. Hobbs e Cap. 14. art 3. makes Jus not only different but also contrary to Lex And therefore Mr. Hobbs his Lex naturae is contrary to Grotius his Jus naturae and both immutable And now would I fain see some wiser man then either of these reconcile these two Wits It is a miserable condition Grotius makes all Governors to be in that they cannot make any Law which gives Property to any of the governed nor indeed for ought I can see can there be any Government by this mans grounds for he confounds the relations but that this Law must be against that Right which God conferred upon Mankind generally after the Creation and Flood and is so unalterable that it cannot be changed no not by God himself Let us see whether our Author can reconcile these two but for my part I much fear him because I do not take him to be so great a Master of Reason nor so Book-learned as either of the other two He in Ground 6. makes Jus or Justum Right or Due to be when a man puts himself and his Promissary into a rank of agencie and patiencie upon a new score And supposeth in the next Ground a Company of Men without Government whom forsooth he calls a Rational Multitude but most absurdly not considering where there is no Government there can be no Law and where there is no Law there can be no Property no meum or tuum he makes the Individuals of this Rational Multitude to abound with many goods and to want others the love of which and the fear of losing them are his chief reasons why Government is necessary Observ But it may be the reason why these men agree no better here is because they are in the dark where there is no Government Well we will see how they agree when they have the light of Government And first Whether may the Subject resist Authority or Government We will begin with our Author because we left before with him Our Author tells us Ground 14. In what cases it is rational not only to resist but also to depose Government What those cases are I cannot tell He that has nothing to do may look and see But his last Grounds are Neither Lawyers nor Divines are Judges in those cases So then it seems only the Devil our Author and they who be less book-learned then himself are He tells us wherein the Liberty of the Subject consists He ties up his Ground 15. Ground 8. Ground 11 12. Supreme Trustee to such Laws as the People entrust him withall and yet gives him leave to do whatsoever he thinks good Observ The Governor and Governed are here in a very sweet and secure harmony but no doubt our Author will judge both the one and the other very righteously and uprightly Grotius de bello subditorum in superiores states the question In the five Lib. 1. cap. 4. para 1. next Paragraphs seems to be in the Negative but in the seventh Paragraph he makes it a weighty question Where there is Supreme Necessity For Certain laws of God says he although they be generally pronounced have a tacite exception of highest necessity Which thing was defined concerning the law of the Sabbath by the Wise men in the times of the Hasamonaeans from whence came that proverb Periculum animae impellit Sabbatum which may be understood The danger of the soul necessitateth a Sabbath or the danger of the soul destroys the Sabbath Observ Grotius here is for the destruction or he is like to have small relief from this proverb And Judas as Synesius says gives this reason of his neglect of the Sabbath Grotius ãâã ãâã ãâã ãâã ãâã We were brought into most certain danger of our lives Which exception is proved by Christ himself as also in the other law of not eating the Shewbread Observ And yet all this in this case will afford Grotius but small relief For sins are twofold either as they are omitted or committed Gods commands are omitted or transgressed either as they refer to God individually or where they are omitted or transgressed to the wrong or injury
to the wills of men whereas Natural causes do immediately proceed from God and are above the will of man Society therefore being natural the actions of the wills of the most perverse and wicked men in the world could never make them out of society but where they would not be commanded by their rightful Superiors fell a commanding and obeying among themselves 4. They all not only invert Nature and make Wills and Pacts superior to it in the cause of Society but all of them make the natural relations of rightful Princes and Subjects to be dissolvible by the wills of men yet after a different manner Grotius when there is a necessity makes them dissolvible by the Subjects Our Author when the Subjects judge it reasonable And Mr. Hobbs when the King or Civitas will give or sell the relations Whereas Regal power being Gods ordinance is therefore superior to mens wills and cannot be aliened or dissolved by the will of man 5. They all not only invert Nature and make it alterable by the will of man but make the Law of Nature or God to take its origination from the civil pact or will of man whereas the Law of Nature is eternal and immutable by the will of man and connatural with every man and always had and ever shall have a like obligation upon all men in all ages and places 6. I say They not only blasphemously make Nature and the Law of God alienable and depending upon the will of man but also most illogically confound the relations of agencie and patiencie in the same subject and make the Cives to constitute the civil pact and to be subject to it whereas Omnis potentia activa est principium transmutandi aliud 7. They invert Grammatical construction in making the Cives who constitute the Civitas the patient or governed and the Civitas who accepts the wills of the Cives to be the agent or governor Whereas the contrary is true in both for Obligans is the governor who does will and obligatus the governed who accepts the will of the governor 8. They all most ridiculously make the Creature the Civitas superior to and the Governor of the Creator viz. the Cives whereas it is impossible any Being should be prime or superior to the cause of its being 9. They all of them make the Cives to endue the Civitas with that which none of them have either separately or conjunctly viz. a power of life and death and creating property whereas Nil dat quod non habet nemo potest transferre id in alium quod ipse non habet If all these things be true and that I have not unjustly charged them in my Observations how contrary they are not only to one another but to themselves in their superstructure then let the world judge especially you my dear and native Countrymen whether grounds so unnatural so blasphemous so illogical so contrary to common sense and grammatical construction so ridiculous and impossible should be worthy to be accounted the Principles of Humane society Or whether they ought not to be exploded by mankind as fit for nothing but to abuse ignorant men and to open a gap for Sedition and Atheism If I have here or heretofore unjustly charged them two of my Adversaries are alive and of age and may answer for themselves and no question but Grotius hath followers enough who may vindicate him if he hath wrong done him Or if I have committed any of these things in these Elements let them make it appear I will thank them for it A Premonition to the Reader BEside that part of this Treatise which shews the causes and means by which men attain Arts and Sciences in this Preface Observations and Elelements I have designed three things First in the Preface I designe to demonstrate That it is impossible that the Cause of Humane Society should be originally created by the pacts and wills of men and the occasion of writing these Observations Secondly in the Observations I designe to shew That the Causes of Humane Society do not appear from these mens Grounds and Principles Thirdly in the Elements I endevour to demonstrate the Causes of all Humane Christian and Legal Society And if any of my Adversaries or any man else shall shew me any errors in any of them I profess I will ascribe it as an act of Friendship to him I have one request more to the Reader That he would look upon all these Elements and Observations except one half-sheet added to the Observations to be passed the Press before His MAJESTIES Acknowledgment or Restitution until the last Book or one sheet or two of the Fourth Book of Justice c. And to insert in pag. 9. of this Preface line 22. after For which no reason can be given what is contained in the Margin from These things thus premised c. ELEMENTS OF Power Subjection Or the Causes of all Humane Christian Legal SOCIETY Vir bonus est quis Qui consulta Patrum qui Leges juraque servat By ROGER COKE LONDON Printed by T. N. for G. Bedel and T. Collins at the Middle-Temple Gate 1660. TO THE READER MAns thoughts of Life and Living are odd things pritty Antitheses he thinks his whole Life though he should live a Thousand years too short and yet every day nay hour of his living too long Vicious Men therefore misplace their happiness in entertaining worldly pleasures thereby to delude and spend their time which they desire so much to continue in their Life that in their living it might not seem to be Virtuous Men have the same thoughts of Life and living with vicious Men but their actions discern them For those hours which in their Life would otherwise seem tedious to them they entertain either in the Contemplations of God or his Works or by doing virtuously sweeten those sowre effects which idleness causes So that the old Philosophers would affirm That not Years but Virtue should be the measure of Mans life And this reward hath God the Author of Virtue in Men as Plato divinely affirms given Meno prope finem to virtuous Men that they not onely take pleasure in remembring time past but also hope well in time to come notwithstanding all the frowns of perverse and wrinckled Fortune whereas vicious Men are onely pleased with deceiving the present time ashamed to look back upon their actions past and affrighted upon the apprehensions of death and worldly calamities which notwithstanding all their Proteus shapes and Janus faces happens to them as well as virtuous Men in time to come There is no time wherein virtuous Men may not contemplate God either as God or in his Works or do well whereas many times vicious Men though never so rich and able to maintain their Vices are either wearied with them or have not means to attain to what they call the fruition of them and then they may be truly accounted miserable because they know not what to
possible that any Power in Government can be derived For to suppose by the Law of Nature all men to be equal and to have a common and undivided Right to all things it is impossible that they can create a power which may give Law Property and Power of Life and Death when as they themselves have none at all But suppose all Men are by nature equal and yet have a right to create a supream Power which may give Property yet then it must follow That all the Men of the World must be subject to one Individual Government For ex hypothesi the Inhabitants of Greece have as much right to all the things in Britain as the Inhabitants of Britain have and the Men of Spain have as much right to all the things in Italy as the Italians have and so have the French to all things in Italy Germany Persia c. Nor can the Inhabitants of France Germany Spain c. frame to themselves any Government for ex hypothesi by the Law of Nature the Persians Indians Moscovites c. have as much right in France Germany Spain c. as the French Germans and Spaniards have And to suppose that by the Law of Nature all Men have all things in common and to suppose that whatsoever is or shall be renewed in Spain England France c. is due by the Law of Nature only to Spaniards Englishmen and French c. is to suppose a contradiction and impossibility Nor is that Fancie less groundless which supposeth that Regal power or government was first instituted from an aggregation or consent of Families For how is it possible there should be a Family where there is no Supreme power which gave Property in that place and habitation where that Family is Nor where there is no Law precedent obliging can it be expected that any man will where he may be free at his own pleasure be a Servant Nor can it in reason be supposed that any man will contract with another to be his Servant whereas he may as well expect to be his Master It shall be therefore our endevour to find out the true Causes and Principles of Power and Subjection But before we proceed it will not be amiss to see in a short view the natural difference between Man and other Creatures of this inferior orb and why Humane or Politick Government is only necessary to Mankind Of all the Creatures of this inferior orb only Man uses Reason by which with the help of his Memory and Experience he proceeds from things manifest and known to the Understanding to find out things less known and more obscure yet still so that subsequent Generations may infinitely adde to what precedent Ages had found out whereas other Creatures do by an impulse of Nature being taught of no Creature nor from any observation by themselves insite and connatural with them at first attain to such perfection that in succession of time nothing is added to it Thus we see all Birds at their first trial make their nests with as much art and ingenuity as those that do live longest And so the younger Bees make the honicomb as perfect as those who had done it twice or thrice before And certainly it is an admirable thing to consider with how great providence these smallest Creatures and imperfect Animals do choose out places for their conceptions even before they be living creatures and but only so in power and with what unimitable art they build fortifie and hide the place wherein they repose them I have seen an Indian Birds nest which was made upon a small bough growing over waters which bough was too weak to support the weight of a Monky the Monkies in those parts of India use to prey upon young Birds and provident Nature points out these places to those Birds for the security of their young ones from the Monkies for of all terrestrial creatures only Men and Monkies and their kindes swim not naturally and the Monky if he in seeking to get the young birds falls into the water drowns himself I have with great admiration seen Frogs which are usually generated in the moneth of March confidently and carelesly swimming croaking upon one another upon the surface of the water whenas Horses and other cattel have been there but upon the coming of Ducks who naturally prey upon and devour them they have been all husht and gone and not one to be seen It being sure worthy admiration that Providence should so direct those spurious and imperfect animals and but of yesterdays being and not of much longer continuance to know without any apprehension of danger those creatures who are not hurtful to them and to fear and avoid those who are enemies and prey upon them Neither is Providence less seen in all creatures if a man considers it in the preservation of themselves and their young ones so that a man must needs confess that in them is some particle of Divine air and this their unlearned art and wisdom is rather to be admired their imitated by us Man by his observation and experience findes out what things and Creatures are hurtful or helpful to him other Creatures by an instinct of Nature at the first sight know what things and Creatures are hurtful to them or not thus we see the timerous young Hare feedes securely among Horses and Cowes and the oldest Hart flyes afrighted from the smallest dogge Man can never attain to the knowledge of what things conduce most for his corporal preservation and therefore the oldest and most experienced and learned Physitian may to morrow find what the day before he was ignorant of and yet shall never attain to the perfection of knowing what is best for his own body which other Creatures by avoiding those things which are hurtful and choosing those things which are most beneficial for themselves do The careful Navigator by the help of some Theorems of longitude and latitude and the use of his Card and Compasse sailes from one Coast to another whereas other Creatures by a propense disposition to this or that place without any observations and direction of their senses fly to other regions where they never were before So Faulcons Wildgeese Woodcocks c. come from other regions into England in the Autumn and at the Spring forsake us And Swallowes Martyns Hobbyes c. which brood with us in the Summer when the Antumn approaches leave this Clymate for another to which they cannot attain by any sense or observation of their own A Gentleman living in Buckingham-shire had a Beagle sent him by Sea from the most Eastern part of Suffolk to London and from thence was conveyed by water into Buckingham-shire some time after upon some distaste taken by the dogg he returned home to his old Master by land which was above an hundred miles But what is most admirable is that omne genus Balaenae as Dolphins Whales Porpices which do not keep in shoales or company and although
Fishes are animalia vivipara that is bringing forth their young ones actual living Creatures and do generate viviparorum more should in that vast body of the Ocean when as by reason of the grosseness of the Medium they cannot use their sight at any small distance to perceive when they are neer one another at the seasons of generation find one another To proceed herein were proper for Plinies natural History or Aristotles History of living Creatures All Creatures are either animalia nociva hurtful Creatures which prey upon and devoure other living Creatures or innocua which feed and eate upon such vegetives as grow and are renewed by the earth or water or sociabilia which are only Men who are better or worse then other living Creatures accidentally If they suffer themselves to be enslaved by their depraved passions and appetitions then they become worse than any hurtful Creature but if they by depressing their passions and ill affections rule their actions by reason they far transcend all other Creatures The end of Government is twofold either to preserve the governed in peace within themselves or to protect them from forraign force or power in neither of which respects is Government requisite to other Creatures besides Men For animalia nociva are solivaga and therefore no Government is required to keep them in Peace one with another whereas they do not company one with another And many other living Creatures who are not by nature hurtful do not keep in companies and therefore no Government to preserve themselves in peace is requisite to them neither It is an admirable thing to contemplate how nature has granted to these hurtful and robustious Creatures armes consentaneous to their force to protect themselves from outward force and violence of those Creatures who are enemies unto them as the Lyon his paws and tayle the Bear his paw the Fox Otter Brock c. their Teeth whereas other Creatures who are by nature denied those armes to defend themselves what a strange cunning and dexterity has nature given them in the preservation of themselves from those Creatures who are hurtful to them and prey upon them Those Creatures who live in Community one with another by desiring the same things and avoiding the same things to direct their actions to a common end that their companies are obnoxious to no seditions and therefore Government is not necessary to them neither and of them is Man usually Protector against their ravening enemies Men differ from other Creatures for they are neither Animalia solivaga not gregalia but sociabilia that is living in conversation and subordination and Man is born a living Creature apted potentially for society and alike naked and unarmed as one whom nature intended a sociable peaceful and politick Creature and to be governed rather by reason than force in all his actions and therefore has endewed him with hands and ingenuity that having by his ingenuity purchased himself necessaries he might with his hands cloathe feed and defend himself In all other Creatures the Laws of Nature that is those bounds which God by Nature has set them are securely obeyed and never transgressed by them and are only transgressed and violated by Man and therefore the Laws of Nature are not sufficient for the preservation of mankind in Peace for by reason of the discords which arise naturally in Men for Honor and preheminence Secondly the appetite of possessing all things Thirdly the desire to excell other Men in wisdome and policy and to that end are studious of novelty which causes seditions and civil warrs that they might be esteemed wiser then the men of this present Age or their predecessorsby reason of which present coersive humane Laws are necessary for preserving peace among Men that the feare of a present punishment may deter men from those things which because of their Infidelity and Atheisme they otherwise would not feare Isay this Humane Power from whence all Humane Laws are derived is from the Law of Nature and if it shall seem strange to any Man that it should be Humane and yet derived from the Law of Nature let that Man consider that only Man is a Humane Creature and does Humane and reasonable actions and yet it is from the Law of Nature that only Man is a Humane Creature and can do Humane and reasonable actions And the Fathers and Husbands power is Humane yet I think no Man before Mr. Hobbs did ever deny that they were from the Law of Nature I know in usual speech the supream power of Nations is called Politick power which is a mistaking of the cause for the effect for it is not the power which is politick in the cause but in the effect and exercise as take an instance of my meaning A Father hath divers Children of several dispositions one disposed to learning another endewed with bodily strength and averse from learning another hath not bodily strength yet a desire to learning but by reason of his gross Minerva is not probably qualified to attain to any great progress in it c. The Father breeds up his Studious Son in literature his Active Son which hath no disposition to learning he makes a Soldier or Seaman his Duller Child he binds an Apprentice to some Trade c. Though the Fathers power be Natural yet this exercise of it is Politick so though Regal Power be from the Law of Nature yet must the exercise of it be Politick And therefore Humane Laws and the exercise or Politick use of Humane Power cannot though the Power of all Kings be alike and from the Law of Nature be the same in several Nations but different according to the nature manners and dispositions of the Inhabitants And we see the same King governing in divers places by divers Laws accordingly as his Subjects are different in manners and dispositions Humane Laws therefore and the Politick use of Regal Power cannot be as the Laws of Nature are immutable and the same in all parts of the world but ought to take their origination from the nature and disposition of the Governed and are alterable as Mens vices and manners do alter The Method observed in the subsequent TREATISE and the Reason of it ALl Science all Learning and all Reasoning by the Judgment of Aristotle is begotten from pre-existing Principles which being indemonstrable in themselves do demonstrate them And since that all Society or Power and Subjection whatsoever is created by Divine or Humane Laws and since it is impossible there should be Lex Lata where there was not Jus Legislativum Superior and the cause of it In the First Book we treat of Rights Laws Virtues the Obligation of Laws and of Pacts Promises Vows Leagues and Gifts and from whom Men become obliged to them These things thus premised the Second Book treats of the Causes of all Humane Christian and Legal Society of Regal and Magistrates Power of the Three Species of Government viz. Monarchy Aristocracy and
accounted Abrahams faith St. James 2. 23. That he would have offered up Isaac though by the law of nature Abraham should have preserved his sonne and so God ceased the motion of the Sun and Moon upon Joshua's prayer Jos 10. 12. And caused the same to go retrogade ten degrees upon the prayer of Hezekias and Isaiah 2 Kings 20. 11. It is true that nothing less then that power which made a Law can alter it the Laws therefore of God whether positive or natural have an eternal and immutable obligation upon all the men in the world but whatsoever power may make a Law that power may alter it Divine Laws therefore whether positive or natural cannot have any obligation upon God but he may alter them when he pleases CHAP. VI. The Obligation of Divine and Humane Laws upon the Consciences and Persons of Men. 1. COnscience comes of con and scio to know together with reason Conscience or some law Conscientia est animi quaedam ratio lex quâ de recte factis secus admonemur Conscience is a certain reason or law of the Mind whereby we are well or ill advised of our deeds The laws therefore of Man may not only be violated by doing contrary to them but by consenting to them As he which does contrary to that he thinks though the doing of the thing be just yet 't is unjustly done by him for whatsoever is not of faith is sin Rom. 14. 23. 2. The affirmative precepts of God they do semper obligare yet they The obligation of the laws of God do not oblige ad semper As when he commands us to pray continually it is not to be expected a man should be always in the act of prayer but so to live as he does nothing which may indispose him from praying But Gods negative precepts do not only always oblige but oblige ad semper too for there is no time at all wherein it is lawful for a man to kill to steal to commit adultery c. Deut. 5. 17 18 19 20 21. negative in all instances 3. Ecclesiastical laws do oblige in Conscience If thy brother shall neglect Ecclesiastical laws oblige in conscience to hear thee tell it to the Church but if he neglect to hear the Church let him be to thee as a heathen man or Publican Mat. 18. 17. And the Scribes and Pharises sit in Moses chair all therefore whatsoever they bid you observe and do but do not after their works for they say and do not Mat. 23. 2 3. If then by the law of our Saviour the Jews were to observe and do whatsoever the Scribes and Pharises commanded them because they sate in Moses seat sure with as much or much more reason ought Christians to observe and do whatsoever the Church which our Saviour Christ himself hath planted doth command them 4. My kingdom is not of this world Joh. 18. 36. God sent not his Son In conscience only into the world to judge the world but that by him he might save the world Joh. 3. 17. And O man who has made me a Judge or divider amongst you If then our Saviours kingdom were not of this world if God sent not his Son to judge the world and if our Saviour were not a Judge among men then cannot the Church of Christ have any power from Christ in the kingdoms of the world nor to judge the world nor to be a Judge or divider among men 5. Ecclesiastical laws according to the usage and custom of England To what things Ecclesiastical laws have reference relate to Blasphemy Apostacie from Christianity Heresies Schisms Holy Orders Admissions Institution of Clerks Celebration of Divine Service Rights of Matrimony Divorces general Bastardy Subtraction and Right of Tythes Oblations Obventions Dilapidations Excommunication Reparation of Churches Probate of Testaments Administrations and Accounts upon the same Simony Incests Fornications Adulteries Sollicitation of Chastity Pensions Procurations Appeals in Ecclesiastical cases Commutation of Penance which are determined by Ecclesiastical Judges 6. So that there is a mixt Conusance in the Ecclesiastical Judicature All things determinable by Ecclesiastical Judges are not meerly spiritual viz. of things meerly Spiritual by which they are impowered to judge and take conusance of and that by no humane power but only as they are impowered and sent by our Saviour and are only his Ministers viz. the taking conusance of Blasphemy Excommunication Heresie Holy Orders Celebration of Divine Service c. And this Ghostly power the Church and Ecclesiastical persons had before ever Temporal powers received the Gospel of Christ or were converted to Christianity And also after it pleased God that Nations and Kingdoms were converted to Christianity and that Kings did become nursing fathers and Queens nursing mothers Isa 49. 23. to Gods Church then did Kings cherish and defend Gods Church and endued it with many Priviledges and Immunities which ere while was persecuted by them or other Powers but yet could not these Immunities or Priviledges divest them of that Ghostly power which our Saviour by divine institution gave his Church It is true no question but that originally not only all Bishopricks and their bounds and the division of all Parishes and the conusance the Church hath of Tythes of Probate of Wills of granting of Letters of Administration and Accounts upon the same the right of Institution and Induction and the erection of all Ecclesiastical Courts c. were all originally of the Kings foundation and donation and that to him only by all divine and humane laws belongs the care and preservation of all his Subjects none excepted in all causes And therefore not only all those things which relate to the extern peace and quiet of the Church although exercised by Ecclesiastical persons but all those priviledges and immunities which the Church or Churchmen have in a Church planted which the Primitive Christians and Apostles had not in the persecution of the Church when planting are originally Grants of Kings and Supreme Powers and so Temporal or Secular Laws but in regard they accidentally have reference to the Church and are exercised by Ecclesiastical persons they are not improperly called the Kings Ecclesiastical Laws And sure either ignorance of this or faction hath made men run into two contrary extremes one That Kings have no right to their Crowns but in ordine ad bonum spirituale and so cannot be Kings or That all power and jurisdiction in all causes is from the King and so cannot there be any such thing as Christian faith Religion or any Ghostly power left by our Saviour with his Church to continue to the end of the world which every Christian man de fide ought to believe and submit to before any Temporal Law or Power in the world Object But beeause Ecclesiastical laws have not infallibility affixed to them if they command any thing repugnant to Divine laws do they then oblige Answer No for God
ought to be obeyed before Man nay if any man in his conscience believes that they do repugn Gods law whereas they do not in that thing he ought not to submit to them But let that man have a care that he have not the spirit of pride in him which he pretends to be Conscience for an evil Conscience shall never justifie any man for his disobedience nor shall ever any mans hating of Idols excuse his committing of Sacrilege And let no man hope that his fancying some errors in a Church does give him a liberty of putting himself out of the communion and society of the Church and setting up of himself in stead of it No Christian man can hope for salvation but as he is a Member of Christs Church nor ought any Christian man to hope that any Heathen man can be saved in the ordinary way of salvation For there is no name under heaven by which a man can be saved but only by the name of Jesus And He that obeys not the Church is to be accounted as a Heathen man S. Mat. 18. 17. 7. Temporal or Secular laws oblige not only in Conscience but also The obligation of temporal Laws to temporal punishments That they inflict temporal punishments is evident every where in the world as well for spiritual as temporal crimes Thus did Phineas turn away Gods wrath from the children of Israel Numb 25. 11. So did Joshuah for Achans sacrilege that is stealing or converting to common or prophane uses what is dedicated and offered up to God attone and pacify Gods wrath by stoning Achan to death Jos 7. So did Solomon put Shimei to death by Davids will because he cursed Gods Anointed and his Soveraign which was a spiritual crime And God commands the temporal powers not to suffer a Witch to live and Witch-craft is a spiritual crime And that temporal laws do oblige aswell in conscience as inflict corporal pecumary mulcts is evident Rom. 13. 5. Wherefore ye must needs be subject not only for wrath but also for conscience sake And the subjection that the Apostle there speaks of is to temporal powers Object But God has ordained temporal powers for the preservation of peace what if they command things which do not conduce to the preservation of peace among men ought they to be obeyed by them who are in subjection to them or not Answ I answer The question is absurd for the temporal commands or laws cannot hinder peace among men but the disobedience to them is that which hinders peace among men Charity is the chiefect Theological Virtue and preferred before Faith or Hope Charity beleeveth all things 1 Cor. 13. And how can I be a Charitable man and not beleeve that supreme powers assisted by the best qualified men who make it their whole employment see and understand more that such a law is for the good and peace of the governed then I who am not versed in those things nor dounderstand from what reasons and grounds this thing became a law But who is he that disputes his obedience and speaks evil of dignities No man that is a private man that judges another but condemns himself Ro. 2. 1. And speak not evil one of another he that speaketh evil of his brother and judgeth his brother speaketh evil of the law and judgeth the law but if thou judge the law thou art not a doer of the law but a judge Jam 4. 11. 8. Temporal Laws oblige the Conscience when they command nothing When Temporal Laws oblige the Conscience contrary to the Law of God nor his Church when they command any thing contrary to the Law of God and impose a penalty for not observance Men must submit to the penalty but obey God For whoso loses his life for my sake and the gospels shall find it St. Mar. 8. 35. 9. Temporal Laws oblige not in Conscience when they command Ecclesiastical Laws oblige in Conscience before Temporal contrary to Ecclesiastical for spiritual peace is to be preferred before worldly the good of the soule before that of the body First seek the kingdome of heaven and the righteousness thereof St. Mat. 6 33. CHAP. VII Of Promises Contracts c. 1. A Promise is the giving of a Mans Faith unto another that he will A Promise do or give or not do or give such a thing fidem do me daturum vel prestiturum aut non or dabo or faciam or non dabo or faciam is a promise and to the performance of his promise is every Man obliged by the Law of Nature But when the Declaration of my will does not evade into Faith given my Annot. will being free continues free after such declaration as well as before As if I say volo dare vel facere I will or intend to do or give such a thing yet when I will I may will to do such a thing and therefore if a Man make twenty Wills yet when be will he may unwill them all So if a Man upon things appearing reasonable does will to give or do any thing yet if upon discourse or reasoning it shall appear that the giving or doing such a thing will not have such an event as he proposed he may choose whether he will give or do that thing nay if he be convinced that the doing of such an act will not have such an effect as he proposed and shall notwithstanding do it this is the act of a wilful and not a prudent Man 2. A Vow is when one plights his Faith to God that he will give A Vow to God or a Creature such a thing All Promises and Vowes are either made by words in the future tense as dabo or faciam or by words in the present tense as fidem do but then the habendum prestandum or faciendum is alwaies in the futuretense as fidem do me daturum vel facturum 3. A Contract or Pact is the conditional act of two or more mutually A Contract or Pact promising one another to give one another something in exchange or when two or more mutually promise one another that if one will do or give such a thing that then the other will do or give such a thing upon the doing or giving of one part the other is by Law obliged to performe his promise or upon the giving or receiving any part of what is contracted for both parties are obliged to performe their contract As if I contract with another to give him ten pounds for a horse and give him six pence or more or less this being an outward express sign of the contract both parties are obliged the one to pay the residue of the mony and the other to deliver the horse or upon the payment or delivery of the horse by one party the Law obligeth the other to the performance of his promise So if I promise another to give him five shillings c. to do such a thing for my self or for
another if the other accepts of any thing in acknowledgement that he will do that thing both parties are obliged by the Law or upon the giving or doing of one party the Law obligeth the other 4. Absolute promises receive their obligation from a precedent or Wherein a bare promise and a Contract differ present consideration or condition as if for a benefit received or any present consideration I promise c. Contracts from a subsequent as if I promise to another that if he will do for or give me or another such a thing that then I will do for him or give him such a thing this being a conditional promise or contract upon the performance of the others consideration or conditions being subsequent to my promise I am obliged by Law to performe my promise made to him and therefore ex nudo pacto non oritur actio for I am not obliged by any act of the other to performe any thing All contracts are made by words of the futuretense as si aliquis dederit aut fecerit dabo aut faciam 5. A contract differs from a meere obligation in this a single obligation Wherein a Contract differs from a single obligation is when one or more for such a sum of Mony Lands Houses c. had and received from another acknowledgeth him or themselves liable to such a penalty to the other if they perform not such a condition as is specified in the obligation A Contract or Pact is when both or all parts are obliged to performe All Promises Vows Contracts and Obligations ought to be only of Annotat. things in possession and that are mens so as by an act of their wills they may be anothers as they are theirs and therefore where any man hath a meere right to any thing this being a shadow another having the substance or as our Lawyers say A chose in Action he cannot by any Contract or otherwise alien his right to another but he can only release it to him in possession otherwise the right remains still in him notwithstanding any Contract c. that he would alien it And I would gladly be satisfied how Mr. Hobbs in the generation of his Civitas can make meere rights to be tranferred and aliened by the Pacts of men and those natural rights too This being granted Mr. Hobbs may by his Contract with another Man make himself no Man but a Horse or an Asse notwithstanding that by nature he is a Man 6. Every Oath is either a calling God to witness that what a Man testifies is true or false or else a speech added to a promise whereby the What is an Oath promiser does renounce Gods mercy if he performs not what he promises But if a Man Promises Vows Contracts or swears to do any thing which is unlawful he ought not to performe it for it is ill done to promise c. but worse to do any thing unlawful 7. A League is when two or more do mutually give their faith to Foedus how different from a Pact observe such conditions as are agreed between them and herein it differs from a Pact or Contract A Contract or Pact is when there is a precedent humane Law obliging the parties contracting to performe all the conditions specified in the contract A league is where there is no humane Law obliging but only the Law of Nature And therefore all stipulations made by Princes one with another are confederacies or leagues not Contracts or Pacts because there is no precedent humane Law obliging them to performe their leagues 8. A Gift is what I do give to another so as it is mine do and Donum though a gift be alwaies in the present or preterperfect tense yet the Habendum may be in the future as if I make a lease freehold or create a State in taile to one and grant the reversion to another and his heires here though the deed or gift be in the presenttense yet the reversion or Habendum is in the future But no Man can give another any thing but what depends upon his will and is his so by some positive humane law that by his giving he may so make it anothers For whatsoever is mine by the Law of Nature cannot be aliened or made anothers by my Will nor by the Will of all the Men in the world for it is impossible natural causes and relations should be dissolved by Mans Will 9. Feoffment is derived of foedum a Fee quia est donatio foedi and this A Feoffment is the most ancient and necessary Conveyance which is used by the Common Law that is that Law which concerns tenures and estates used only here in England and this deed or conveyance is either of absolute estates of corporeal inheritances absolutely passed to another by livery and seisin made according to the intent and purport of such Feoffment he which conveys such estate of inheritance being called the Feoffor he to whom such inheritance is conveyed is called the Feoffee or of absolute estates of inheritance which are not corporeal as Advousons Commons rents issuing out of lands which do lye in grant and do not pass by livery and seisin but by delivery of the deed or feoffment 10. Do or dedi as our Lawyers say which implies a warranty to A Estates-Taile and his heirs for ever makes a Feoffment Do or Dedi to A. and the heires of his body lawfully begotten or to A. and the heires male or female of his body lawfully begotten or to A. and the heirs male or female on the body of such a Woman or to a Woman and the Heirs of her body lawfully begotten or heirs male or female of her body lawfully begotten by such a man creates a state taile and he which creates such an estate is called Donor he to whom such estate is granted Donee 11. Do or Dedi to such a man or woman for term of either of their Freehold lives or to such a man or woman during the life of another creates a freehold 12. Do or Dedi or concedo or concessi to such a man if he shall live so Lease long an estate for years or to such a man and his heirs for such a term reserving or not reserving such a rent or service creates a lease In both the latter he who gives is called Lessor he who takes Lessee and humane Laws oblige as well to gifts as contracts For natural Laws oblige in conscience only but men are obliged by mulcts and corporal punishments to contracts and gifts So that in most proper speaking In every gift it is the Law which gives the property to another by an act of the Donors will and the Donor is the instrument by which the Law conveys the property of any gift to another 13. Humane Laws therefore obliging men to the performance of No Law or Legislative Right arises from any Pact or Contract their Pacts Contracts and Gifts
est animal rationale that to command and to obey is natural And to this does the highest Philosopher give testimony Imperare parere non solum ex numero rerum Pol. lib. 1. cap. necessariarum sunt verumetiam ex utilium statim ab ortu primo nonnulla inter se distiterint alia ut parerent imperio alia ut imperarent And the highest of Roman Orators and Lawyers Cicero who says Sine imperio neque Lib. 1. de legibus domus ulla neque civitas nec hominum universum genus stare nec ipse denique mundus potest Besides we see in all seditious men and assertors of Liberty who will not be subject to rightful Governors that none of them could ever yet attain to make men any where in a parity of condition but by a propense natural disposition when they have cast off the obedience due to others they fall to command and obey among themselves But this not having any foundation but from themselves Men being naturally ambitious of commanding and impatient of subjection it is Gods judgment upon them that they rarely continue long in peace but are obnoxious to continual seditions and confusions 3. All powers being from God and Gods ordinance mediately or immediately To command and to obey is Gods ordinance and from the law of nature Rom. 13. and Power being in relation must refer to something which is subject to it Power therefore and Subjection are the ordinance of God But by the antecedent proposition the offices of commanding and obeying viz. of Power and Subjection are natural To command therefore and to obey is Gods natural ordinance or from the Law of Nature If then to command and obey be no humane artifice or invention but natural Annot. and Gods ordinance then is it most sensless for men to beg it for a principle That all men are by nature in a parity and free condition and that the will of man brought in the Powers and obedience due to them in use now in the world against Gods ordinance and that freedom wherein by nature originally all men were 4. If to command and obey as Supreme powers and Subjects had been To command and obey as Supreme powers and Subjects is no humane artifice or invention an humane artifice or invention then was there a time when men lived out of the offices of commanding and obeying as Supreme powers and Subjects and were introduced by men But there was never any such time recorded in sacred or prophane history or that they were invented or introduced by men To command therefore and obey as Supreme powers and Subjects is no humane artifice or invention It is the silliest thing in the world for men to dream of a Golden age in which Annot. all things were alike and common to all men and that men lived promiscuously in a parity or equal condition and never tell when that time was or who lived therein And to say that thââ Dominion and Subjection now in use Mans will brought in and yet never tââ who any where in the world did ever introduce it And sure if this commanding and obeying were brought in by the wills of men against that natural right and law wherein God hath made man it could not possibly continue at all times and in all places of the world but that somewhere men would return to their own natural liberty 5. a To command and to obey as Supreme powers and Subjects is natural If all things be either artificial or natural and the offices of commanding and obeying as Supreme powers and Subjects be not artificial then these offices of commanding and obeying as Supreme powers and Subjects are natural 6. b To command obey as Supreme powers and Subjects is Gods ordinance and due from the law of nature That Supreme power is Gods ordinance and that Subjects must needs be therefore subject to it the Apostle says expresly Rom. 13. But by the precedent proposition they are natural They are therefore Gods natural ordinance or due from the Law of Nature 7. c To command obey as Husband and Wife is natu-ral This Aristotle in chap. 5. lib. 1. Pol. proves Besides these offices not being topical but universal no where created by any humane Law and due as well where Gods revealed ordinance in the Scriptures is not received as where it is they are natural or due by the law of Nature To command and obey as Parents and Children is from the Law of Nature 8. The mutual offices of commanding and obeying as Parents and Children not being from any Humane law but being due in all places as well where Gods revelation of himself is received as where not are natural or due from the law of Nature 9. God having created Man not only different from other creatures of How many ways the offices of commanding and obeying are caused from the Law of Nature this orb as intellectual and rational but also as sociable viz. living in conversation and subordination for extra societatem vivere neminem He hath given by the law of Nature to some the power or right of commanding and others he hath subjected to such powers But he hath created these powers divers ways viz. either upon supposition of some mutual act of the parties commanding and obeying or upon supposition of some act of the parties commanding or without supposition of any act of either the parties commanding or obeying First I say the Law of Nature creates these offices of commanding and obeying upon supposition of some act of the parties commanding and obeying As Matrimony is the mutual act of the Husband and Wife I A. B. take thee D. E. to be my wedded wife and I D. E. take thee A. B. to be my wedded Husband by this act of the Husband and Wife God by the Law of Nature gives the Husband a power or right of command over the Wife and subjects the Wife to the Husband Or Secondly upon supposition of some act of the parties commanding As the Parents power arising from generation the Parents must be supposed to generate before they can have a power or right of command Or Thirdly upon supposition of no act either of the parties commanding or obeying as in all rightful Hereditary Monarchies these offices are as much due from the Law of Nature before any act of the parties commanding and obeying as after 10. Gods Ordinance to Man being either that Law or Ordinance All commanding and obeying which God hath ordained is not from the Law of Nature which he has ordinarily engraven in the hearts of Men or his gracious goodness extraordinarily revealed in the Scriptures and Gods revelation of himself by Moses and Prophets by our Saviour the Apostles and Evangelists was extraordinarily and supernaturally given to them by Gods especial grace nor could Men by any natural means attain to the belief of it All offices therefore of power and
Monarchy Aristocracy Democracy I answer that God hath made Man upright but he hath sought out many inventions Therefore let Aristocracies Democracies answer for themselves anciently there was no Government in the world but Monarchy nor does God ever command obedience to others and the very Athenians for above 800 years could find a Government under Kings hereditarily before any footsteps of Aristocracy or Democracy was ever heard of in the world nor did they ever transgress the bounds of Europe unless in the Carthaginian State and when the Magi usurped in Persia It was Pride in the Romans and Grecians who not only esteemed all the world barbarous besides themselves and all Kings to be of the kinde of ravenous beasts but were the first inventers of these Aristocracies and Democracies and made all Power in Government to be Artificial and Political not only in the exercise which is true but also in the cause This Jus Politicum was of a more large extent with the Grecians then the Jus Civile was with the Romans For the Grecians esteemed that to be Jus Politicum which is common to all Men conjoyned with any society the Romans called that Jus Civile which is proper to any City So to buy and sell was by the Grecians called Politick the Romans called not those things Civil unless to sell by such a measure and at such a time the Romans called the Cloaks and other habits of vestments used by themselves and other people civil But let any Man judge whether these Men Mr. Hobbs White and Grotius being Christians and two of them very learned Men do reasonably not only to reject all precepts and examples of Sacred writ and all Testimonies of the consent of the present World and Testimonies of all most antient Histories from the examples of those most unreasonable Men besides the case between them is as unlike as can be For though they agree that this Jus Politicum or Civile is so as well in the cause as exercise and all power to be originally with the people yet by the people did neither Romans nor Grecians understand a company of Men in a rout or promiscuous parity but they who were Civitate donati nor did ever the People of Athens or Rome acquire their Dominion from the people subject to them by do or dedi and not dabo or faciam as these men feign all power to be originally deduced but by rapine extorting it from their rightful Kings in whom it undubitably was If it be questioned how originally this power came into the world if not Annot 3 by the Pacts of Men or consent of Families I answer Rem teneo modum nescio for the manner of it how it came originally I am not bound to give an account where the Scriptures and most antient Historians do not confirm it it is enough that I having proved it to be natural and Gods Ordinance it was never otherwise especially having the practice of the present world and the Records of all prophane and sacred History 14. It is true indeed that the Humane Laws and the exercise of Regal Not only Kings but Kingdoms have their being from God and by the Law of Natore Power is Politick Voluntary and Artificial but that these Laws are received and exercised in those places where they ought to be which makes Kingdoms is expresly said by the Prophet Dan. cap. 4. in three places The most Highest ruleth in the kingdoms of men and giveth it to whom it pleaseth him ver 7. And it was Nebuchad-nezzars punishment for his pride that he should have his dwelling with the beasts of the field untill he knew that the most Highest ruleth in the kingdoms of Men and giveth it to whomsoever he will ver 25 and 32. So that it is evident not only Kings but Kingdoms not only their ãâã ãâã ãâã ãâã ãâã but their ãâã ãâã ãâã ãâã ãâã their Right but also Government is from God immediately and that this is a Declaration of the Law of Nature not only long before God by the Prophet Daniel speaks this were Kingdoms upon the earth but also no Kingdom or King which at the time that this was spoken that did receive or believe Gods Revelation of himself in the Scriptures Kingdoms therefore or the exercise of Regal Power is Gods Ordinance as well where the Scriptures are received as not and due by the Law of Nature and by consequence the obstinate resistance of Kings in their Government by their subjects is a violence upon the Law of Nature 15. Sir Francis Bacon in his life of Henry 7. relates that Perkin Warbeck How many waies Regality comes to pass by the often affirming himself to be Richard Duke of York second son of Ed. 4. did at last believe himself to be so indeed The violent and frequent usurpations of usurpers in this Island and some other Northern and European Region hath invested such a habit in Men that renouncing reason as well as all faith and belief of God in the Scriptures they with much confidence affirm nothing but possession or possession and submission of Subjects to be requisite with Kings Both which do no more make a rightful King then a Mans Deseisin Abetting or Intruding into the signiory of another and the Tenants attorning to him does make him rightful Lord of the Mannor But neither humane Laws nor Man nor any thing under Heaven can endue any Creature with a power over anothers life and fortune who is of the same kind with himself and without which there can be no supreme power and by consequence no society among Men. There are but four waies by which Regality can happen First When it is immediately and expresly given by God as it was to Saul David Solomon Hazael Cyrus c. Or Secondly derived from him who had Regality truly vested in him but this derivation must not be from the Election Adoption or the will of him who was invested with the Regal Power which at highest cannot amount higher then a humane Law which by the 3 para of this chap. cannot create Regal Power It must therefore be derived by Primegeniture which is derived from a higher cause then humane Laws for jura sanguinis nullo jure civili dirimi possint Or Thirdly by Lot which we have shewed to be by the Law of Nature Or Lastly Jure Primi Occupantis if its Occupant be capable thereof for Man being a sociable creature by Nature and society according to Aristotle being contained in many divided parts therefore in the society of Men there must be unum quid quod imparet alterum Lib. 1. cap. 5. Pol. quod pareat But whether Aristocracy and Democracy be unum quid that may jure imperare to me is a question neither of them being any Institution of God or from the Law of Nature but brought in by unjust usurpation and violence and against the universal consent and practice of the world for above Three
thousand years I do exclude Conquest to be any cause of Regal power where God does not give it For either this Conquest must be made by power or force If it be made by power or one who is Gods Sword-bearer no new power ariseth from thence but only a dilatation of the exercise of the old which was formerly in him But if it be done by Sword-takers then is it no other then unjust usurpation and robbery The World being large and the Men in it alwaies ambitious I will not undertake to answer for the matters of fact which Men have done in all Ages nor do I doubt but that oftentimes the alterations and conversions of Government have happened from the will of God Object But it is evident by the Prophet Daniel c. 4. 23. 25. that God ruleth in the kingdoms of men and giveth them to whomsoever he pleaseth And if that he were pleased to make Saul David Solomon and Jeroboam who reigned over his peculiar people and Hazael Cyrus c. who knew not God Kings and yet neither by Lot Primogeniture from a rightful King or by right of First possession then for ought is known these alterations which have otherwise happened and do come to pass in the world may be from the will and gift of God Sol. I answer If it may be Gods will that these alterations and confusions happen in the world it may not be Gods will affirmanti incumbit probatio Let them therefore or they that make these alterations and confusions prove that Gods will and not their own perverse will was the first cause of them It is true and I grant that God does oftentimes for the punishment of a Nation convert the succession of their Kings into another line yet did he never so far chastise any Nation as to subject it to an Aristocracy or Democracy So it is necessary offences come yet shall that never excuse them by whom they come And so it many times happens that men cannot avoid Gods judgments and die it is no consequence therefore that men should run themselves into them or kill themselves It may be it is Gods will that my Father should die or that he will destroy my Country and Laws c. It does not therefore follow that a man may kill his Father destroy his Country or endeavor to subvert the Laws thereof Men are not alwaies obliged to conform their wills to Gods will but to do what he wills and commands them I am obliged to pray for my Parents and Country when it is Gods will they should be destroyed It was Gods will that Jeroboam for Solomons sin should be King of ten 1 King 11. 13. Tribes of Israel yet because the Tribes did will it and not upon Gods command he pronounced them eternal Rebels and Jeroboam a Rebel because 1 King 12. 19. he took it upon those terms 2 Chron. 13. 6. Nor do we find that ever Israel joyed good day after For the policy of Jeroboam to continue Comparethese times with these and see the event his dominion over them must be preferred before Gods worship and service in order thereunto Jeroboam must take counsel and make Calves which he says brought the Children of Israel out of Egypt any Priests were good enough to sacrifice to them no matter whether they were Priests or of the Tribe of Levi the lowest of the people would serve the turn 1 King 12. 32 33. yea forsooth Jeroboam himself could hold forth to the people and burn incense which before was peculiar to the Priests But it is a strange thing that this invented policie of Jeroboams for the keeping of the ten Tribes in their obedience to him should be the cause of so wonderful a Captivity 2 King 17. 21 22 23. that to this day it is unknown what became of them and their posterity 16. Parum est jus nisi sunt qui possunt jura gerere And men have always The miseries of men when the Supreme power is rejected or unknown by woful experience found that all Tyranny of a rightful and known Prince is not to be compared with the miseries and calamities where the Prince is not known or rejected but every popular and ambitious Man arrogates and usurps to himself what should be justly ascribed to the lawful Prince Nor does the calamities of miserable men in such a condition end so but God no where shewed so great a judgment as upon those men viz. Corah Dathan and Abiram who rejected their rightful and known Prince Num. 16. Nor does he ever denounce a more dreadful judgment then upon those men who resist Higher powers Rom. 13. How great then will his judgment be upon them who reject them 17. He is a natural Prince of right or by the Law of Nature who Who is a Natural Prince de jure truly prescribes from such Ancestors that no mortal creature can make any just exception or superior claim And so great a Lover of Men and Truth is God that scarce in all the world was it not known in any Nation who was the rightful Prince thereof when his Subjects did reject him 18. It is true that there is no visible power under Heaven but only Where there are diversities of titles which is to be preferred mens Consciences that can direct them where Titles of Princes come in question But where diversity of Titles are alleadged that which is truly and indubitably most antient is the best for it is a true rule in all descents whatsoever that Dormit aliquando nunquam moritur jus But this must be jus apparens for De non apparentibus de non existentibus eadem est ratio Whether the Title of the Heir general or Heir male be better we shall treat more at large in Cap. of Succession 19. Jus is duplex Proprietatis Possessionis And that this Right is Who is a Natural King de facto and not de jure divisible as well in Regality as private mens Estates is demonstrated by para 4. of this Chap. And if it be true as it is that no Being can be superior or better then the Cause of its being then will it necessarily follow that all Kings who inherit from Usurpers cannot have a better title then that which the Usurpers had so long as a superior or better claim can be made by another Nor do I fear to affirm Hen. 4. Hen. 5. and Hen. 6. were natural Kings of England and did inherit the Crown of England de facto but not de jure 20. Although nothing which is naught in the beginning can be How Usurpation may be bettered bettered by the continuance of time yet may Usurpation although naught in the beginning be bettered in time viz. if the Usurpation be of that continuance that it outlives all claim that can be justly made by another for Possession is title sufficient against all men who have no jus ad rem Hence it
was I conceive that Athaliah desired to cut off all the Royal seed of the house of Judah 2 Chron. 23. And that all Usurpers do not think themselves fafe in their usurpations unless they secure themselves by attempting greater viz. in destroying all the Progeny of those men who can make a better and more superior claim then they have Where therefore Democracies and Aristocracies if such many-headed beasts by the Law of God or Nature be sufficiently qualified to be capable of this power and Elective Monarchies have been of that continuance that no superior claim can be made justly by another let them continue their possessions still for all me Yet would I not for any good in the world venture my life in any of them or judge any man to death in any of them unless it could be made appear that God or the Law of Nature did ever institute any such things or that any where in the world they were not usurped or introduced by them who had no right to do it But however it is a most unreasonable thing that their actions of Adoption and Election should be taken for precedents in rightful Hereditary Monarchies which cannot admit them without a total dissolution and do justly attribute their Governments to a higher then humane cause 21. Where in Hereditary Monarchies the whole Line is extinguished Wherein the decision is to be by Lot there the decision is to be by Lot for The lot is cast into the lap but the whole disposition of it is of the Lord Pro. 16. 33. But if any one gets the possession before such disposition his Title by the antecedent proposition is good enough besides we have demonstrated by para cap. 1. lib. 1. that Jus primi occupantis is good by the Law of Nature 22. If it be Misera servitus ubi Jus est vagum aut incognitum a miserable How blessed and happy men are where Supreme powers and Laws are certain servitude where the Law our Lawyers by Jus. understand Law is wandring or unknown Then by the Rule of contraries it is a happy Freedom where the Law is certain and known to which a man may safely and securely direct his actions If it be a miserable slavery where the Law is wandring and unknown how much more miserable a slavery is it where the Supreme Power is wandring and unknown What confusions murders rapine and spoil of all things sacred and civil must men necessarily fall under The woful and miserable condition of this Nation since our late Distractions hath sufficiently manifested the consequence of it If then such a condition be so miserable how happy then is that Nation where by Gods mercy men are certain who is their Prince and to whom they may securely pay their obedience and assuredly expect protection in their lives and estates If there be nothing more servile and base then to be insulted and tyrannized over by them who by no right command over us how ingenuous and virtuous is it to be subject where by all Divine and Humane laws we owe our obedience For out of the offices of commanding and obeying did never any man live and where men will not be subject to them who may by right command over them they shall be slaves either to their own ambition or to others who by no right command over them And if it be most woful and horrible by resisting Higher Powers to incur damnation Note the Apostle does not say You must Rom. 13. needs be subject to Governments and whoso resists Government shall receive to himself damnation for the Empire of Thieves Robbers and Usurpers is Government but to Higher Powers who have a right of command from God to what a condition then have men brought themselves where either they are uncertain of the Supreme Power and so are either uncertain whether in their actions they incur this dreadful sentence or else where they are certain where the Supreme Power is and yet dare not for fear of their lives actively submit to it Who is the rightful English Soveraign and to whom all Englishmen by all Laws of God and Man owe their obedience is so evident that I never heard any man deny or dispute it 23. The ratio finalis or the end for which God hath ordained Kings The end for which Regality was ordained by God is for the protection of them whom God hath committed to their charge and government not only by all just and due means to protect them from the outward violence and oppression of their outward Enemies but also in peace inwardly and by all means to suppress all faction and sedition of ambitious men who would disturb it He chose David his servant and took him Psal 78. 71 72 73. from the sheepfolds as he was following the ewes great with young he took him that he might feed Jacob his people and Israel his inheritance So he fed them with a faithful and true heart and ruled them with all his power And that Kings may be nursing fathers and Queens nursing mothers to Gods Church Isa 49. 23. And consonant to these revelations of God by these noble Prophets is the declaration of the Saintly King Edward Confessor Rex auiem qui est summi Leg. S. Edw. cap. 19. Regis Vicarius ad hoc constitutus est ut regnum populum Domini super omnia sanctam ecclesiam regat defendat ab injuriosis maleficos autem distruat 24. By this which hath been said it is evident that the power of all No power arises from Conquest Kings is alike and equal viz. Supreme and Gods Ordinance and from the Law of Nature The difference between Kings is only in the exercise of their power some being contracted into narrower terms and others of a more vast extent and dilatation Where therefore one King extends the exercise of his power into the dominion of another by conquest or otherwise no new power ariseth from hence but only an extension of the exercise of the old And so by consequence the invasion usurpation or conquest of Subjects or others who before had no Regal power cannot create any after 25. Naturalia determinantur ad maxima minima There is nothing How far and when Conquest is to be obeyed and submitted to in Nature but bath its beginning termination and ending And so Regal power hath its beginning termination and ending from the Laws of Nature and all men are to be subject to those powers wheresoever they are For no man when he comes into the power of any Prince whether he be his natural Soveraign or nor but is obliged and subject to the power of that Prince wherein he is therefore if a Frenchman goes into Spain or a Spaniard comes into England they are subject to the powers of Spain and England so long as they continue there And since it is impossible that two Supreme powers can be in one place where any one
least Liberty and that which in other men is termed Anger in them is called Pride and Tyranny Besides in private men it is enough that they themselves do well but Princes must have a care that neither they nor their Ministers do ill 6. Tibi soli peccavi says the Psalmist Psal 50. Humane Laws are the The Supreme power is not obliged by his own Laws organs or instruments of the Power that governeth they cannot therefore extend themselves to bind him from whom they are derived for Omnis potentia activa est principium transmutandi aliud Besides the Prince may free other men from the obligation of the Laws and therefore much more himself And if Supreme Princes were obliged by their own Laws then were Humane Laws as well as the Laws of Nature eternal and immutable which is absurd nor could Humane Laws protect Subjects when any thing happens which comes to pass every day that was not foreseen at the making of the Laws Humane Laws are made to oblige and preserve the governed necessitate coactionis but they cannot have any obligation upon Lawgiver who is the Supreme power unless a man will grant that an Effect may be prime and superior to the Cause Nor were ever other Governments subject to their own Laws No man hath any thing proper against the Supreme power 7. No Subject hath any Property except Ecclesiasticks but by the Laws of his Country But by the precedent Proposition no Supreme Prince can be obliged by his own Laws and therefore no Subject can have property against him If any Subject had property against the Supreme power then could not the Supreme power impose a Forfeiture of Goods in case of Praemunire Attaint Conviction of Treason or Felony But the Consequence is false and therefore the Antecedent is false That any man hath any property against the Supreme power Besides there could no Fine nor Fine and Recovery be levied or suffered if he in Reversion or Remainder had property against the Supreme power Nor could an Act of Parliament enable Tenant for life to make sale of his Estate It is remarkable that the Children of Israel should not be content to Annot. have God to reign over them immediately who did himself give them Laws being enquired of by the High-Priest Samuel might well say therefore unto them Ye shall cry in that day because of your King which not ye shall choose but which ye shall have chosen you and the Lord shall not hear you in that day 1 Sam. 8. 18. For Gods ways and actions are always perfect whereas by the reason of humane frailty the best mans actions are subject to imperfections But if it seems grievous to any man that he holds his goods at the will of another let him consider that God since Adam did never give any Nation but only the Children of Israel Property but always used the mediation of his Vicegerents And since Property must be derived from some Humane act for the Law of Nature gives none but to Supreme Princes and therefore the possessions of Kings are called Sacra patrimonia because Kings have no Superior but God Almighty Proedium Domini Regis est directum dominium cujus nullus Author est nisi Deus How Sir Ed. Co. Com. on Lit. p. 1. 6. much better is it for Subjects to hold of one Man then of many For nothing can be objected against one but will have more force against many And let any man shew me in these last five hundred years any Subjects estate taken from him without due and legal proceeding by the act of any of the Kings of England and I will shew him five hundred who not being liable to any punishment by Law have been ruined themselves and their families in seven years and that for observing the Laws and against the will of the King Obj. But many Actions have been brought against the King which if no Annot. 2. man hath Property against him may seem inconsistent Answ But the question here is not what the King may do but what he hath done Not what the King may declare Law but what he hath already declared Law 8. Majesty is from the Law of Nature immediately but the power Power of Magistrates from him of Magistrates is not so but mediately that is from him who hath the Supreme power Magistracie is the instrument or organ by which Majesty is conveyed to every place whither its own power is extended And as Majesty is restrained to the Laws of Nature and is accountable to God for all the omissions and transgressions of them so Magistrates are restrained to Humane Laws and ought to give an account of their actions to him that hath the Supreme power And as no man can offer violence or contempt to Humane Majesty but it is a contempt and violence to the Majesty of Heaven so no man can offer violence to or contemn Magistrates but it is done to Humane Majesty from whence their authority is derived Wherefore Subjects must submit to Governors who are sent by Kings 1 Pet. 2. 14. By this Proposition it is evident that although Supreme power cannot Annot. be divided yet the exercise of it may For where a King is an Enfant he cannot exercise his power who can neither act any thing nor expres what he would have done nay it is impossible for the best and wisest King that ever was to exercise his power every where for one body can be but in one place at once though the power thereof may be diffused every where as the light and influence of the Sun is diffused every where although the body of it can be but in one place And the exercise of power by Magistrates is like Gods governing the world by natural causes who being the first Mover of all things produceth natural effects by the order of second causes Jethro his counsel to Moses therefore is to be taken Thou wilt surely weare away both thou and this people that is with thee for this thing is too heavy for thee thou art not able to perform it thy self alone Exod. 18. 18. 9. Quando lex aliquid alicui concedit concedere videtur id sine quo res The Right of calling Assemblies belongs to Christian Kings ipsa esse non potest where any Law Divine or Humane does give any thing it gives all the means by which this otherwise could not be had And that God by the Law of Nature has given Kings a power to protect their Subjects we have sufficiently demonstrated but it is impossible Princes should protect and govern their Subjects if they might not rule their actions Now all actions and motions are either regular or irregular All regular motions and actions may be reduced to one certain beginning where the beginning is not one and certain there they may be called commotions or confusions rather then motions or regular actions But all Assemblies are motions and therefore they
must be reduceable to some one certain principle or they are irregular or commotions If then Christian Princes have not a right of calling Assemblies but others as well as they then must it either necessarily follow that Christian Princes have not power sufficient to govern and protect their Subjects and that their Subjects motions cannot be regular and orderly but confounded and irregular and so the law of nature and the end for which God ordained Princes inverted For my part I will not dispute the Power of God in the planting of the Church either under the old or new Law how that he did dispence with the actions and motions of his People and Ministers and set Father against Son c. and that to make his Power known he would plant his Church notwithstanding all Temporal Powers whatsoever but this I do affirm that God after the deliverance of the Israelites out of Egypt did give to Moses only this right of calling Assemblies as appears clearly by Numb 10. 2. for only to him is the charge of making the Trumpets to call the congregation together It is true that vers 8. the sons of Aaron shall blow with their Trumpets but neither Aaron nor the Priests had any Power to make them but only Moses they must therefore have them from him and be his Instruments and this Power was given to Moses as the supreme Magistrate and not as High Priest for Aaron was then High Priest being before consecrated Levit. 8. Nor was this Right given personally to Moses but as a Law to last for ever If any allegation be made against Moses because he was a Priest it must cease with Ioshua and the Kings after him who were none for Ioshua by virtue of this ever lasting Law did call an Assembly of all the Tribes and therefore of Levi to Sichem and vers 28. dissolved it After him did David Joshua 24. 18. 1 Chro. 15. 4. 11. call the High Priest and other Priests not to consult of any secular affair but about the removing the Ark and afterward 1 Chron. 23. 2. he gathered together all the Lords of Israel with the Priests and Levites and as he called them together so his dismissed them 1 Chron. 16. 43. The like did Solomon when the Temple was dedicated called the Assembly 2 Chron 5. 2. dissolved it cap. 7. 10. The like did Asa when Religion was restored and a solemn Oath of association for the restoring of it Jehosophat did it when 1 Chro. 15. 2 King 10. 20. 2 Chro. 34. 29 30. 2 Chro. 29. he proclaimed a publick Fast 2 Chron. 20. 3. Jehu assembled them when a solemn Sacrifice was to be performed Joash in a case of Dilapidations Josias when the Temple was to be purified and a mass of superstition to be removed Hezekiah made a law for the Priests and all their brethren to assemble and in conformity to that law they did assemble nor was this v. 15. Assembly for any other thing then to cleanse the house of God and for the affairs of the service of God being things meerly spiritual And since that God hath promised that Kings shall be nursing fathers and Queens nursing mothers to his Church it must be meant of Christian Kings for this could not be of Josias because he was a King at the time of this prophecy or before it could not therefore be meant of him for the prophecy is de futuro Kings shall be c. Nor could it be meant of the Kings of Judah after him for they were all Idolaters and persecutors of Gods Church It was therefore meant of Christian Kings And how Kings can be Kings or Supreme powers without this right I do not understand Nor can that saying of our Saviour's causing of wars and distraction be otherwise reasonably understood but only where Kings and Supreme powers have not received the Faith And that Christian Kings did generally exercise this power after they became Christians we shall shew hereafter 10. He is a rightful Supreme Governor who is a Sword-bearer that is Who is arightful Supreme Governor whom God hath chosen to be his Minister who hath not taken the sword excited thereunto neither from any ambitious or spightful passion or affection either of himself or other men That may make and abrogate Laws determine all Controversies by himself or such Judges as he shall appoint choose Magistrates and Councellors and in whom is the power of making War and Peace Nor did God give Kings to them only over whom he did reign by Covenant but also to Heathens who had not known him as to the Persians Syrians Assyrians c. he gave Cyrus Hazael Nebuchadnezzar c. And all antique History speaks only of the Government by Kings as Justin says Principio rerum gentium nationumque imperium penes Reges erat before any other Government was usurped and made by Men. 11. He is a Tyrant who is a Sword-taker who in stead of executing Who is a Tyrant the wrath of God upon offenders against all Law kills and murders them who are not of his own faction who hath no power from God but only force from the wills of inconstant and seditious men As Hos 8. 4. says They have set up Kings but not by me they have made Princes and I knew it not Nor is it the Command of One which makes Tyranny The Grecians themselves called the Council of the Thirty after the Athenians were subdued by the Lacedemonians the Thirty Tyrants of Athens I am confident there was never any thing so wildly and variously Annot. 1. ghessed at as the manner how Dominion and Power came into the world by those men who derive all power from the People originally Bodin cap. 6. de Rep. p. 46. makes all Dominion to be gotten at first by force and pag. 46. d. he says It is very like that without greatest force and breaking down the Laws of Nature Liberty could not be taken away And many men will not distinguish between Force and Power but only in the possession And sure Athaliah was as much possessed of the Crown of Judah and as quietly as any King before or after her for six years and yet I do not find Jehojadah or the people reprehended for restoring Joash And the children of Israel did not rebel while they could quietly place 2 Chro. 13. 7. Jeroboam over them but Jeroboam was declared a Rebel after he was possessed 12. When they over whom God hath given power shall submit themselves What is a rightful Government to that power this is a rightful Government When all who owe their subjection shall accept and receive the Laws of him who by Right that is by Birth Revelation Lot First possession or just Conquest ought to command As the Children of Israel answered Joshua All that thou commandest we will do and whithersoever thou sendest we will go According as we hearkened unto Moses in all things so will we
unto thee only the Lord thy God be with thee as he was with Moses Whosoever he be that does rebel against thy commandment and will not hearken unto thy words in all that thou commandest him he shall be put to death Jos 1. 16 17 18. 13. Anarchy is like a vacuum in Nature so abhorrent that the World The state of Man out of power is Tyranny will rather return into Chaos then suffer it And therefore Cicero lib. 3. de legibus says truly Sine imperio neque domus ulla nec civitas nec gens nec hominum universum genus stare nec ipse denique mundus potest 'T is no wonder therefore if seditious men when they have put themselves out of power are glad to submit to Tyranny rather then be overwhelmed with the Chaos and confusion of Anarchy Yet it is said Judg. 17. 6. 21. 25. In those days there was no King in Annot. Israel but every man did what was right in his own eyes So it may seem that men may subsist in an Anarchy It is true indeed there was no man that was King in those days in Israel nor was there then that absolute necessity of one for God had given them Property and did govern the Israelites and they did enquire judgment of God who did answer cap. 20. 18. And men did in those dayes commerce and exchange one with another which is evident by Micha's contracting with her Levite-Priest for ten shekels of silver by the year a suit of apparel and his victual ch 17. 10. 14. Princes do transgress their power when they command any Wherein Princes do transgress their power thing contrary to what God hath commanded or derogatory to the worship and service of God when they make unjust War when they pronounce Judgment not according to the declared and known Laws but punish either by passion or to please factious men as in the Earl of Straffords Case or pass sentence against one unheard as in Cromwell Earl of Essex his Case I say not punish upon passion or to please men For as the state of Annot. affairs may be stated Princes may punish though not in a Judicial manner as when Subjects are in Arms against their Soveraign Nor do I think that any uninterested Casuist will deny that Henry the Third of France did justly put Henry Duke of Guise to death though not judicially the Duke having taken Arms against him and made him flie out of Paris fomented seditions against him and taken pensions of the King of Spain to maintain war in France and become so popular as the King had no means to proceed legally against him 15. * How careful Princes ought to be in commanding or making of Laws The perfection of Government consists first and chiefly that the Governor have a perfect and indubitable Title against which no just exception can be taken Secondly that the Governor makes it his chiefest care that the Religion or Worship and Service of God be duly administred And thirdly that he does endeavor by known and established Laws to administer Judgment and Justice indifferently to his Subjects with careful moderation of the severity of the Laws whereas men by no fault of theirs incur the severity of them And lastly by all just and due means to endeavor the preservation of his Subjects from the oppression and violence of Foreiners and to maintain Peace and Commerce with his neighboring Nations Such was our Government before our unhappy differences and such by Gods grace do I hope to see it again 16. It were a fine may-game to be a King if Kings might make their How careful Princes ought to be in commanding or making Laws Will the rule of their actions It is true indeed God hath not in all things commanded Kings what Laws they shall govern their Subjects by yet this natural law are all Princes obliged to that their Laws by which they govern do more relate to the good of their Subjects in general then their own particular interest And no question but a King commits a more grievous sin doing any unjust thing to any of his Subjects then if another had done it in regard of the relations which are between them as a Fathers doing an unjust thing to his Child is a greater sin then if another had done it by how much by the Law of Nature he ought to have done well to his Child rather then another Princes therefore by the Law of Nature in governing ought to have more respect to the general good of their Subjects then their own particular interest Yet is Magnificence a Royal virtue and therefore ought not the Revenues of the Crown to be parted with by which it should be maintained Nor would it conduce to the benefit of the Subjects in general to make the Revenues of the Crown poor Where Majesty grows contemptible the exercise of Regal power is never permanent Princes therefore ought to have a great care that by their vices prodigality of the Revenues of the Crown remiss governing or by so giving it over to others that they so much neglect it in themselves as to make themselves vile and contemptible 17. Though God hath not commanded Kings in all things what are Princes ought not to be obeyed when they command in derogation of Gods Majesty 1 Sam. 12. 14. vers 25. the Laws by which they shall govern and therefore divers Kings govern their Subjects by several Laws as their Subjects differ in nature and manners Yet hath he forbidden all Kings to make Laws derogatory to his Divine Majesty Samuel therefore threatens Saul as well as the Israelites that if he or they disobey God and do wickedly they shall perish both they and their King And it was to Saul that God said that Rebellion was as the sin of witchcraft and stubborness as the wickedness of idolatry Nor was the sin of the Israelites in committing idolatry under the Kings of Judah and Israel the less though the King commanded it Nor did God scarce 1 Sam. 15. 23. ever shew a greater miracle then in delivering the Three Children and Daniel disobeying the Kings wicked commandment Princes therefore ought not to be obeyed in commanding things derogatory to the Majesty of God 18. Nor ought Princes to be obeyed when they command any thing Or contrary to Religion contrary to Religion for The kingdom of Heaven and the righteousness thereof is first to be sought But the kingdom of Heaven is only to be sought by Faith and Religion Daniel therefore sinned not when he obeyed not Darius in praying to God Nor do all our Parliamentary Laws add any thing to the obligation of mens worship and service of God in the Unity and Form of the Church of England for men were as much obliged in Conscience before such Laws as after Not but that Kings ought to have as great or greater care of preserving unity and peace in Gods Church as in their
Temporal Dominions and therefore may punish disturbers of the peace of the Church as well as the State Yet when the Temporal Magistrate shall arrogate to himself a power which our Saviour only left to his Church and make all Ecclesiastical rights and constitutions depending and subordinate to the Civil whereby the Enemies of our Church have taxed our Religion not for Christian but Parliamentary no doubt but it is a crying sin and I wish there had never been any such thing among us 19. And as God is to be obeyed before men in all things which concern Or the Laws of Nature Faith and Religion so in the observance of the Laws of Nature is God to be obeyed before men As if a King commands me to dishonor my parents this can be but a Humane law but to honor my parents is a law which God hath written in my heart and therefore ought to be preferred If a King commands his Subjects to dishonor him or to deny obedience to him this is but a Humane law whereas by the law of Nature I ought to honor and obey my King I therefore ought not to obey such a law Amurath the Second of that name King of the Turks upon a Vow resigned his Kingdom to his son Mahomet yet upon the League made by Uladislaus King of Pole and Hungary with other Christian Princes against him he resumed his Regal authority and so kept it until his death And so might Charls the Fifth if he had pleased nor was Philip any other then an Instrument of his Fathers during his Fathers life The King makes a Law giving the succession of the Crown from the right Heir This ought not to be received for Princes inherit by a higher Law then Humane 20. The King commands a Judge to pervert Judgment the Judge Or to pervert Judgment ought to give true Judgment for all Humane Laws in peaceable times ought to be â priori and proclaimed that all men after such a time should observe them This verbal command of the King wanting this formality and it being impossible for the Judge to observe both these commands he ought notwithstanding this verbal command to give Judgment according to Law The King when there is no necessity or publick danger commands me Quaere who am no publick Executioner without any Judicial sentence to put a man to death for which he can make no compensation As Davids commanding Joab to murder Uriah although we find David only reprehended and punished therefore yet sure if Joab had not fulfilled Davids wicked command he had not sinned But you may object Who shall judge whether this thing commanded be repugnant to Gods Majesty Mans faith Religion or the Law of Nature the King or the Subject I say though the Subject hath not an equal right of judging with the King whether this thing should be a Law or not yet every Subject hath a Conscience as well as the King which must dictate Whether Kings divest themselves of Regality by commanding what they ought not to him whether he ought to do or not to do such a thing 21. But if the King commands things contrary to Gods Majesty and Divine Laws ought he not to be obeyed in those things which do not contradict them It is so mad and wild an objection as it is scarce worth an answering unless a man will affirm that my doing of an act which I ought not to have done does divest me of Humane nature or that a Fathers or Masters commanding his Son or Servant what he ought not doth annihilate the relations of Father and Son Master and Servant or that Humane acts may dissolve Humane relations A Prince therefore ought to be obeyed in those things which he ought to command as Prince although he command such things as he ought not 22. It may be it will be objected That Temporal punishments being Though inflicting punishment for not observance the usual concomitants for not observing Humane Laws a good and conscientious man may be punished for what he ought not to have done I say his case is the same with his Lords and Saviours and all those blessed and glorious primitive Christians and Martyrs who suffered for the testimony of a good conscience Nor hath God made Heaven so easie a prize that it should be always won easily and delicately but many times by suffering and martyrdom 23. It is the most usual thing with seditious men before they enter Whether Princes ought to be resisted where they are not to be obeyed into open sedition to prepare mens mindes with certain Cases wherein Princes commanding things derogatory to Gods Honor or the Subjects Liberty that then in the preservation of themselves and Gods honor they ought to defend themselves from the raging Tyrannie of Princes and to be sure that whatsoever they command these good men will judge contrary to Gods Honor and the Liberty of the Subject It is worth the while if a mans patience will give him leave to look back upon the thing calling it self Parliament how after they had made the King grant whatsoever they could think might be beneficial to the Subjects though I might be sworne they never intended as plainly appeared afterward the good benefit or liberty of the Subject what pious ways they invented to make themselves great and so good a Prince nothing and odious to his Subjects As the demanding of six men holding intelligence with his Subjects who had been in open hostility and rebellion against him an affront not to be endured by any King to an ordinary and Legal Trial this was not only denied but Voted a Breach of the Priviledge of Parliament whenas the Priviledge of Parliament extends not to so much as breach of the Peace much less to Treason They pretend though most falsly that in case of extreme danger and necessity the Militia is in the Parliament meaning themselves excluding the King And then create Dangers and write Letters how great Fleets of Danes Swedes Hollanders c. were seen at Sea It must be from Westminster then for there were the Letters written and the Fleets never since heard of Then permit if not command the most insufferable affronts and indignities that ever were offered to Majesty yet if the King but offers to increase his Guard this is Voted no less then a raising of War against his Parliament and Subjects whilst all the while against the Lex consuetudo Parliamenti Inst par 4. 14. without any cause moving them they maintain an illegal Rout of men for their Guard and go armed themselves Nay what needs a man instance particulars All the Kings commands in prosecution of the Laws were Voted breaches of the Priviledges of Parliament and the Liberties of the Subject We will therefore shew that this Assertion is not only contrary to all Faith in both Testaments but also destructive to all Humane Society 24. There is no man sure will deny but
that Saul did unjustly persecute To resist Princes though commanding unjustly is contrary to faith in the Old Testament 1 Sam. 24. 6. cap. 26. 9. David with an intention to take away his life Yet when David might twice have resisted Saul and taken away his life 1 Sam. cap. 24 cap. 26. he refused to do it and the reason was because he was the Lords Anointed And who can lay his hand upon the Lords Anointed and be guiltless c. Nebuchadnezzar King of the Assyrians not only destroyed the land of Palestine with fire and sword not only destroyed Jorusalem laying it level with the ground burnt the Temple carried all things consecrated and dedicated to Gods service to Babylon converting them to prophane uses not only killed their King carried the Jews themselves into most miserable servitude but also to the contumely and dishonor of Gods Majesty erected an Image to be divinely adored upon no less penalty then to be thrown into the fiery fornace Yet were these most holy men Shadrach Meshach and Dan. 3. Abednego so far from resisting the King though they could not obey him that they patiently submitted themselves to the fornace made seven times hotter for their sakes and the blessed men were so far from seeking revenge that upon Gods denouncing judgment to Nebuchadnezzar in a dream Daniel whose mischief was no whit less intended prayeth that the dream might be to them who hate his Lord and the interpretation thereof to his adversaries Far unlike to the spirit of Calvin who commenting upon Daniel makes Kings to divest themselves of all power when they command in dishonor to God and to spit upon their heads rather then obey them c. And though Nebuchadnezzar were so wicked yet being Jer. 25. 9. a King Gods calls him his servant 25. S. Peter teacheth that it is thanksworthy if a man for conscience Against the faith of the New Testament 1 Pet. cap. 2. 19 20 21 c. towards God endure grief and suffer wrong undeservedly For what praise is it if when we be buffeted for our faults we take it patiently But if when we do well we suffer wrong and shall take it patiently then is there thank with God For hereunto were we called for Christ also suffered for us leaving us an example that we should follow his steps who did no sin neither was guile found in his mouth who when he was reviled reviled not again when he suffered he threatned not but committed the vengeance to him that judgeth righteously What more plain lesson can be given to Christians to suffer and not to resist Princes for the testimony of a good Conscience And if ever man had just cause to resist then had our Saviour and S. Peter in his defence yet would not our Saviour allow it but tells him that whoso takes the sword Mat. 29. 52. shall perish by the sword 26. That which I as a private man may assume to my self as a man Destructive to all Humane Society is due to another as a man otherwise it were a great arrogance in me to allow that to my self which I condemn in another But if I may ascribe to my self a power of judging when I may resist my Prince then ought I to allow it in another and so by consequence every man should have a power of judging how long he shall continue in obedience and not resist his Soveraign Now what Society there can be where any man may make himself free from all Humane Laws without which there can be no Society and resist them when he sees occasion for where men may resist there can be no subjection let any man judge Nay where men did ever ascribe to themselves a right or power of resisting their Soveraigns they did never stay there but made all the unjust usurpation and hostile invasion they could upon them who continued in obedience to their Prince And what Law of God or Man or Rule of Society gives me a liberty to kill and murder innocent men because I have sinned in resisting where I ought not By our Country-Laws if a man assaulted another who goeth back to some hedge ditch or wall c. beyond which he cannot pass and then in his own defence kills the assaulter yet such a tender care had the Common-Law of a mans life that though this were done by inevitable necessity in the preservation of an innocent mans life that he should have suffered death therefore And though by the Statute of Glocester he shall save his life yet he shall forfeit his goods and chattels Nor is this damnable opinion of resisting Princes Inst 3 par p. 55 56. less destructive to other men then the Assertors For why may not any man do that to them which they of themselves have done to their rightful Soveraign and his obedient Subjects 27. It is Humanum errare Fallibility is concomitant with humane Wherein Princes commanding unjustly ought to be obeyed actively nature And no doubt but Princes being men are subject to humane frailty Yet as Humane Laws will admit of although not intend a mischief to particular men rather then endure an Inconvenience so the Laws of Nature will admit of many things contrary to Nature rather then endure a Vacuity I say therefore that there are many things so inherent in the Prince individually that they are incommunicable to any other And therefore the Prince offending herein either through humane frailty or passion yet if he command unjustly the sin is his in so commanding and not the Subjects in obeying As if a Prince makes unjust War yet if the Subject obey him it is not the Subjects sin in obeying but the Princes in making such a War For if Subjects might judge whether a War were justly undertaken or not and so be freed from his obedience when he would judge it unlawful then any or all Subjects either through fear or faction might desert their Prince in any War and so the Prince left destitute of protecting himself or Subjects whenas Salus populi est suprema lex and of this is the Prince the sole and individual Judge If Princes give unjust Judgment the Executioners of Judgment ought to execute the Sentence although unjust for they are not obliged to take notice of the Injustice of the Sentence but of the Sentence The Act of Parliament against Cromwell Earl of Essex did oblige although unjust he being in peaceable times Inst 4. par 37. without any urgent necessity condemned unheard yet was it no sin in the Executioner to execute it 28. Monarchy is where the Empire or power of governing is in one What is Monarchy Person from whom all Humane Laws Magistracie and Protection of Subjects is to be expected 29. Hereditary Monarchy is where this Right Title or Empire descends What is Hereditary Monarchy to the Heir General or Male and this latter is proper only to France and that by a
from long received and established Laws which is the Princes greatest security and therefore in reason ought rather to suffer some mischief from them then venture an inconvenience by altering them Whereas in the other Governments where Factions and mens Interests bear so great a sway they are daily subject to mutilation and alteration And let any man see how unlike all the Parliaments since 1640. have been in their Interests and Factions and all of them would have innovated all the established Laws of this Nation if they could have agreed upon any thing in stead of them Thirdly That it is an unreasonable thing Mens lives and estates should terminate in the Will of one Man and it may be this Man a wicked and tyrannous Man But if it be necessary that these things must depend upon some Humane cause how much better is it for Men to be subject to one Man then many Nor can any thing be objected against Monarchy but will be of more force against either of the other Governments 15. Those Men who imagine to frame a Democracy or Common-wealth It is abhorrent and impossible to frame a Common-wealth in England from the example of the Romans and Athenians here in England from the example of the Romans or Athenians c. let them consider two things First That by a general abhorrence of Mankind Democracy hath been exploded upon the face of the Earth for above 1700 years if the Cantons of Switzerland be not Democratical who have almost ever since their Rebellion against Wenceslaus about the year 1400. when they first formed themselves into a Democracy continued mercenary Mankillers to the Interests of the Pope and the Kings of France and Spain Secondly The state of the Inhabitants of Rome and Athens were the People who were Civitate donati Libertines or absolute Slaves but with us the Case is quite another thing for every Man hath as much right to his Freedom as another by birth It is therefore meer folly from Causes so unlike to produce like things Besides if a man considers the condition of this Nation ever since Monarchy was rejected that in less then the revolution of Twenty years the Publique Charge hath been twenty times more then in Five hundred years before Not only the Nobility and Gentry in general sequestred and undone but the Publique Revenues both of Church and Crown wasted and sold all Veneration of Divine and Humane Laws lost and neglected all Commerce with Foreign Nations interrupted and the Nation hated and despised by Foreigners the most Renowned places which the Piety of our Ancestors founded for the Worship and Service of God prophaned and made Stables for Horses The Governors in stead of minding the Publick good intending only by all unjust means to prefer themselves and creatures And at this day a greater Debt upon the Nation then our Parliaments for 400 years have given our Kings except the sacrilegious gifts of Church-lands and the Nation still degenerating into worse sure no sober man would be in love with Commonwealths CHAP. V. Of Sedition 1. BEfore we proceed to the Fathers Husbands and Masters Power Of Sedition it will not be amiss to take a short view of Sedition and what disposes men to it of themselves and how they are disposed to it by them who are in supreame Authority Sedition properly signifies Seditio quid a going apart or asunder As the submitting and uniting of Subjects to their lawful head causes peace and quiet from whence follows ease and plenty so sedition causes discord and War which unless timely suppressed either ends in Tyranny that is by setting up one or more of the seditious in place of him who by right ought to command or opens a gap to be overwhelmed of forrain powers See Hobbs de Cive cap. 12. 2. This is the most antient sin the first of our first parents the desire The desire of judgment disposes men to sedition of being like to God judging good and evill Therefore God sent him out of the garden to till the ground Gen. 3. 22 23. Absoloms ambition was that he might judge the land 2 Sam. 15. 4. which only did belong to his Father and by the First proposition of cap. 3. lib. 2. all judgment belongs to him who is supream The opinion therefore that judgment of good and bad belongs to the Subjects in general or to any in particular is a seditious opinion It is impossible that judgment removed from the head should abide any where for the unreasonable appetite of men doth deem things good or bad not as they are in themselves but as they appear profitable or not to them from whence it comes to pass that the same action is praised by one man as virtuous and by another is blamed as vitious neither can there be any remedy for this thing but the submission of every mans judgment to the judgment of another Besides judgment of good and evil is to put an end to all difference and what end can there be of difference when as either every man may judge alike or no man can tell who shall be Judge 3. It was Adams answer to God when he asked him whether he had Disobedience to Lawes eaten of the tree whereof he commanded him not to eat The woman which thou gavest me gave me of the tree and I did eat It is usual with seditious men when they are disposed to sedition to oppose the laws of God against humane and plead conscience because through their stubbornness they will not receive humane laws What follows No private man but may assume to himself as much liberty as another and every man will desire to seem as tender-conscienced as another so that In nomine Domini incipit omne malum Men pretending conscience destroy all society and government It is therefore a seditious opinion to affirm that subjects sin obeying their Soveraigns in all things not contradicting Faith Religion or the Law of Nature 4. When men abound with wealth and ease partly by their own natural Ambition affection and excited by their flatterers deem themselves slighted if they have not honor and power in their conceipt proportionable to their wealth no wonder if they study novelty to acquire popular affection in lieu of what they call Court-favor 5. When men are over-conceited of their parts and abilities and because Envy they are not preferred in Church or State according to their desires use their abilities to promove the affections of a faction contrary to what is Trump as they call it which where liberty may be not only disputed but opposed to Prerogative shall never be wanting a small deale of wisdome serves the turn a little eloquence is enough if they can use some small flourish of words no matter whether they be to the purpose or not at Markets Sermons Bull-baitings c. and then tell the auditory that this thing done in State is against law and that thing
done in Church is against conscience no minding of what is their duty all their talk is judging their superiors and this buzzed into the heads of light and inconstant men begets all the talk of the Country and is beleeved with the same Faith they beleeve the Gospel or their Creed and if Authority shall endeavor to suppress the further growth of such seditious practice by punishing the Authors it will be deemed by the well-affected no less then an invasion upon the liberty of the subject and persecution of the Gospel 6. If Lex lata had any obligation upon the Legislator then were the Creature subject to the Creator and the Father obliged to what he commands That supream Princes are obliged by their own Laws is a seditious opinion his Son and the Master to what he bids his Servant and God to what he commands Man which is absurd nor is it less absurd that the supreme power should be obliged by the Laws given to Subjects They who assert that supream Princes are obliged by their own Laws should do well to make their Children shooes and cloathes to serve them when they are men For as mens vices and manners vary so must humane Laws But men neither consider themselves nor Princes in asserting this For Princes are in a more vile condition then the poorest man not to have the freedom of will and they themselves are left to the rigor of the Law without hope of mercy How can any man accuse Hen. 7. for his rigid exacting the penal laws when by this opinion he had not power to remit any thing of them And why do men tax H. 8. for a cruel man and a Tyrant because he put so many men to death for not acknowledging his headship of the Church the not subscribing the six Articles c. if he were obliged by his own Laws Nay they do not allow Queen Mary a power to releive any Protestant given over to the secular power by Bishop Bonner From this very opinion sprang all the miseries for these last 18 years Scots had liberty to invade us but the King was obliged by his own Laws not to relieve his oppressed and afflicted Subjects This was that which gave the Turks first entrance into Christendom for while the wrangling Grecians not content with their rightful Emperors place usurpers in their rooms who to gratifie them again and to strengthen themselves against the right heirs care not what they grant their well-affected Subjects which so weakned the power of the Grecians that contesting with their Emperors about their liberties and priviledges which their usurping Emperors had granted them and neglecting their common and at first despised enemies the Turks they were all overcome in a short time by a handful of men obedient to their Prince And what private man can assume to himself the knowledge of good and evil that is ascribe to himself a power over his Superior by judging whether he hath transgressed the Law or not And let any man shew that ever our Parliaments as they call themselves Councils of State or Safety were ever obliged by their own Laws and I will submit that rightful Princes are obliged by their own Laws 7. There is nothing more to be wished in this world then that the That supreme power may be moderated Will of them which command might be moderated and restrained to Reason as that Kings Fathers and Masters should never exact any thing of their Subjects Children and Servants but what were reasonable But it is impossible that the Supreme power can be moderated unless it be divided or subject to the Moderators It is therefore a seditious opinion That Supreme power may be moderated 8. All right that any Creature hath to any thing is either from the That any man has any thing proper against the Supreme power Law of Nature or from some Humane Law but no Subject can have Praedium directum cujus nullus author est nisi Deus Sir E. Co. Com. Lit. pag. 1. b. qui dominium non habet dominus non est And he that holds of none is Lord of all which no Subject can be It is therefore a seditious opinion That any Subject hath any thing proper against his Soveraign 9. There has not any thing for more then this last Century caused so That the people may reform where Princes will not much dissention and bloodshed among Christians to the shame of Christianity as the specious pretence of Reformation The Turk either restrained by God or not willing to be an Enemy to Mankind hath been only a spectator not actor in this Tragedy The end doth sanctifie the means was a doctrine generally received among these Reformers if the end were Reformation it was no matter by what means it was brought to pass Hence it was that every where in the Western world men disposed to sedition made Reformation their pretence No Prince must use his power to restrain them if he do Calvin gives them a lesson Abdicant se potestate terreni Comment on Dan. 6. 21. Principes dum insurgunt contra Deum immo indigni sunt qui censeantur in hominum numero potius ergo oportet conspuere in illorum capita quam illis parere ubi sic proterviunt ut velint spoliare Deum jure suo Earthly Princes do divest themselves of power when they set themselves against God yea they are not worthy to be accounted in the number of men Men ought therefore rather to spit upon their heads then obey them where they deal so saucily as if they would spoil God by their right And Luther Ab omnibus hominum legibus exempti sumus libertate nobis Christiana per Lib. de captiv Babil de baptismo baptismum donata We are freed from all Laws of Men liberty being given us by Baptism Et scio nullam rempublicam feliciter legibus administrari I know there is no Commonwealth happily governed by Laws And Turpe enim est iniquiter servile Christianum hominem qui liber est aliis Cap. de matrimonio quam coelestibus divinis subjectum esse legibus It is a filthy and unjust servile thing that a Christian man which is free should be subject to any Cap. de sacrord but Heavenly and Divine laws And whether these mens followers have not well practised their Lectures wheresoever they have been tolerated either in Germany Bohemia Austria Upper and Lower Hungaria Transilvania Sweden France England Scotland Low-Countries Geneva c. let any man who hath read the Combustions of Christendom judge and the Anabaptists and all other Sects may from their principles justifie all their actions 10. There is nothing more manifestly commanded by God in the That temporal good follows in order to spiritual Old and New Testament then obedience to Temporal Princes yet there is nothing more endeavored to the shame of Christians then by pretence of Religion to usher in Rebellion By
might not be aliened or made worse by the Possessor yet so that she left a gap open for herself and her Favorites to prey upon it which was after shut by King James and with great care secured by King Charls All this while grew up a Faction in Church and State which became the ruine of both For not only in the Church the Publique Liturgy Communion or Religion was vilified and defamed but the Governors reviled with all opprobrious names of Tyrannical Antichristian c. It is true the Majesty of the King was not so openly reviled yet was it insensibly daily undermined by them in which they were much assisted by a company of half-headed Lawyers who in all Assemblies distilled this doctrine into ignorant men That the Law was above the King and that they had Property against him in their estates and goods Whereby not only Citizens and Great places became generally inclined to this new doctrine of the Teachers and Lawyers but the Country-Gentleman thought himself independent from the King both in his life and estate the Yeoman cared not for the Gentleman and as little regarded the King so that the veneration of the Royal Name became every day more contemptible and despised all honor and reverence due to the King Church was converted unto these Patriots of their Countries Liberty and New Lights Nor could the Church relieve the Crown although the Governors were well-affected towards it being by all the Faction more hated than the King became despised until in the end the chief Governors both of Church and State not only became Victims to the rage and lust of seditious men but the Revenues of both a prey to their avarice And now what is left for this miserable Nation to expect having forfeited all Piety and Allegiance to Gods Church and his Anointed but after all this consumption of the Blood and Publique and Private Revenue of the Nation and having lost all Reputation and Commerce abroad for the future to be Turk-like governed by armed and hungry Soldiers without any probable hope of Redemption Object It may be it will be here objected That though poor and contemptible Princes be rarely long obeyed especially where their Subjects are opulent yet had the Church never so great veneration both for power and piety as when in the Primitive times it was poor whereas afterward when it became rich and mighty it did degenerate into many vices and heresies and lost much of estimation and piety which it had in its poverty Answ I grant that God did by his grace and power originally by a company of poor men and Fishermen against all the greatness of worldly power miraculously plant a Church and that those poor men sent by God were supernaturally inspired by his grace which not their poverty was the cause of their piety and sanctity and that they were so highly honored by primitive Christians yet sure when God hath supernaturally planted his Church it cannot be in reason expected he should preserve it always by miracle And sure those are very ungrateful men not to contribute ordinary means for the preservation of what God hath extraordinarily planted Nor is there any thing more vain then to imagine that men are better for being poor or that according to the ordinary course of things they will not be by men in general esteemed vile and contemptible who are so Nil habet infaelix paupertas durius in se Juveual Quâm quod ridiculos homines facit CHAP. VI. Of the Fathers power 1. UNumquodque resolvitur in id ex quo componitur Dust shall return to the Introduction earth as it was and the Spirit to God who gave it Eccle. 12. 7. It is not the good will and pleasure of the All-prepotent God that only the individuals of one age should see the greatness of his Majesty and power therefore he was pleased to create man as well as other Creatures in this inferior or be in a * If Adam had not been created in a Mortal State the Sacrament of the Tree of life had been a vain institution mortal state yet he endewed him generativa facultate that though he does dye in his person yet he should live in his posterity and as one generation passeth away so another commeth but the earth abideth for ever Eccle. 1. 4. 2. There is nothing more evident then that in perfect Creatures of The power of Parents alike over their Children which man is the most perfect that God is the prime and efficient cause or God working by naturall causes the Sun is the efficient cause and Male and Female the Instrumental Sol per hominem generat hominem See Harvey de generatione Animalium Cap. 33. Man and Woman therefore being the means whereby God does renew the species of Mankind and all Creatures having power over themselves in all things wherein they are not restrained by some natural or humane Law and every Child being alike part of either of his Parents the Power of Father and Mother is alike over their Children and so by consequence the subjection and obedience of every Child is alike due to Father and Mother And to honor thy Father and thy Mother is the First precept of the second Table of the Decalogue 3. Man and Wife being but one person and the Husband being the Why in Matrimony the power is in the Father head of the Wife and the Wife being in the power of the Husband the Husband hath the power and command as well of the Children as of the Mother yet the piety and observance of Children to their Mother is as much due as to their Father 4. Grotius cap. 5. art 2. de jure belli pacis out of Arist pol. 1. cap ult Grotius his opinion of the Fathers power eth 5. cap. 10. distinguisheth the Fathers power over Children into three times viz. 1. The time of their imperfect judgment 2. The time of their perfect judgment 3. The time when they are out of the Fathers family In the first all the actions of the Children are under the command of the Parents In the second time whenas judgment is matured by age and are of the family they are subject as part of the family In the third when he is matured by age and out of the family the Son is in all things ãâã ãâã ãâã ãâã ãâã of his own right Yet he says and truly parag 5. The Fathers power so follows the Fathers person that it can never be pulled off nor transferred to any other for the Fathers power arising from generation is due to him by the Law of Nature and so always the same if not aliened by the act of God And therefore * Confuted Quando Ubi make no alteration in the Fathers power for it is the same when the Son is an Infant and when adult when he is part of the family and when not 5. Where the Law of Nature gives a
power which is not restrained The Father hath power of life and death over his children by the Law of Nature the power is absolute But it is evident that the Law of Nature gives Fathers a power over their Children without restriction Therefore the Fathers power is absolute and by consequence he hath power of life and death over his Children See Bodin cap. 4. pag. 21. de rep where he says That the Persians the people of Higher Asia the Hebrews Romans Celtae Gaules the West Indians before the Spaniard subdued them did use this absolute power And see pag. 23 24. how he makes all the strife disorders and contentions among Brethren their Father living the wantonness luxury and riot of youth without fear of punishment the contempt and scorn of the Fathers person and power and the decay of the glory and ennobled virtue of the Romans to proceed from the taking away of the Fathers power Examples of the Fathers power of life and death are hard to find because it cannot easily be imagined a Father should give judgment upon himself his son being part of himself to cut off any part of himself which he hopes might by any means be cured Yet Quintus Fulvius did adjudge his son to death for being of Catelines Conspracie Salust de conj Cat. And see Deut. 21. 18 19 20 21. where it is most evident that the Father hath power of life and death for the People do but execute the judgment of the Father and Mother That such a son is stubborn and rebellious c. The exercise of this power is restrained generally among Christians by positive humane Laws but from what ground I cannot tell 6. The Fathers power arising from generation and the person of the The Son hath propriety against his Father Son being only generated the Fathers power can extend no further and therefore whatsoever the Son does acquire it is his own excluding his Father 7. Though the Son out of wedlock is alike subject to both parents Why out of wedlock the Fathers commands are to be preferred before the Mothers because he is alike part of both yet if the Father and Mother command contrary things whereby it becomes impossible for the Son to obey both there the command of the Father is to be preferred because of the excellencie of his sex CHAP. VII The Husbands Power 1. THe Husbands power doth not arise ex concubitu for then a man hath power over all the women which he hath or shall have known which is absurd besides one woman known by several men should be alike subject to them all which is impossible 2. The Husbands power does not arise from his Wifes being a part of his family for any part of the family may become no part of the family but the Wife can never be out of the power of her Husband therefore the Husbands power does not arise from the Wifes being a part of his family 3. The Husbands power does not arise from the Wifes submission or subjecting herself to her Husband for that is but an act of her will unumquodque dissolvi potest eo ligamine quo ligatum est and therefore by an act of her will she may when she list set herself free 4. It does not arise from the Husbands accepting of the Wifes will for that makes the Husband obedient to his Wife obedience being no other thing but the accepting the will of another which is unnatural 5. The Husbands power does arise from the law of God or Nature by From whence the Husbands power doth arise the conjunction of Man and Wife in wedlock For these two individual persons by the law of God are made one mystical person of which the Husband is head and the head is the directive and ruling part of the body therefore the Husband is the director and ruler of his Wife Object But if the Law of Nature by Marriage gives the Husband a power or right of command over the Wife why may it not be that God by the Civil pact might give a Prince or Court a right of command over those Men who made it Answ I answer That first a Similitude proves nothing Secondly The cases are nothing alike For Marriage was an institution of God in Paradise and the power of the Husband over the Wife being due by the Law of Nature hath been ever since attributed by Mankind to the Husband yet so that after the death of the Husband the Wife becomes free from such subjection until by Marriage she again subjects herself In none of these respects does this hold in the Civil pact for no such thing was ever instituted by God nor any such thing ever constituted or done by Man but only a Chimera invented by capricious men to palliate sedition Nor did ever any man become free from subjection to Supreme powers by the death of him or them to whom they made their subjection by virtue of the Civil pact Nor was it ever known in the world that Men were free before they made their Civil pact as Women are before they marry 6. God gives a power to the Husband without restriction viz. Thy The Husband hath jus vitae necis over his Wife desire shall be to thy husband and he shall rule over thee Gen. 3. 16. And therefore the Husbands power over the wife is without restriction and by consequence the Husband hath power over the life of his Wife Antiently among the Gaules this power was not restrained The Romilian Law restrained the Husbands Caesar lib. 3. de bel Gal. power to put his Wife to death for four causes only This power was used by the West-Indians before they were subdued by the Spaniard and is generally among the Idolaters and Mahumetans But the exercise of the Fathers and Husbands power of life and death over their Children and Wives is restrained not by any law of God that I know of but by the Temporal laws and yet no wrong done to the Fathers or Husbands neither For though their Children and Wives be in their power by the law of Nature yet by the law of Nature are they in the power of their Soveraign and subject unto him And though the Fathers and Husbands power be from the law of Nature yet the exercise of it is humane politick and voluntary and the exercise of all Subjects voluntary actions may be restrained and determined by him who hath the supreme power therefore the Fathers and Husbands exercising their power over their Children and Wives may be restrained by him who commands by the highest right which is the King But supposing the Husbands and Fathers power to be from the law of Nature and Regal power but a politick and invented thing and made only by the will of Man it were then a violence upon the law of Nature that any thing which hath no origination but from the inventions and wills of Men should restrain the exercise of that
power which God hath given Fathers and Husbands by the law of Nature 7. The Husband being the head of the Wife she is in all respects of law The Wife has nothing proper against her Husband deemed civiliter mortua nor can take or purchase any thing during the coverture but whatsoever is given to the Wife is ex facto the Husbands Yet Marriage being a Sacrament by the institution of our Saviour and Ephes 5. 25 32. a Mystery of Christ and his Church and so the cognisance thereof due to the Ecclesiastical power the Church upon the penalty of Ecclesiastical censure may compell the Husband to allow his Wife Alimony if without sufficient cause he shall refuse to cohabit with her 8. If Poligamy had not been lawful before our Saviour Christs time Poligamy was lawful before our Saviour then had our Saviour been illegitimate being descended of Bathsheba when David had many other wives Nor can the argument drawn from the necessity of propagating Mankind take place when David reigned for there never was in so small a Continent so great a number of people as the Israelites were when David reigned as appears by the Number which Joab took and for which David was punished with so great a pestilence If it were before the divine law of our Saviour lawful every where for Annot. Men to have many Wives I do wonder why Mr. Hobbs cap. 17. art 8. de Cive says That our Saviour made no laws but the institution of the Sacraments which are Baptism and the Eucharist And if Matrimony be a Civil institution as he affirms then Poligamy is lawful for all Christians who are in subjection to the Turks c. where by the Temporal laws it is permitted and the Kingdom of Congo rejected Christianity for no other reason but because they were not allowed plurality of wives which Mr. Hobbs could easily have dispenced with I do challenge Mr. Hobbs to shew any one instance where ever in the Christian world before all things ran riot here in England since 1642. the Temporal power took cognisance of Marriage 9. Matrimony is the act of two free persons viz. neither precontracted What Matrimony is nor married nor within the degrees prohibited by God Levit. 18. of different sexes capable of performing the end of marriage mutually taking one another for Husband and Wife I N. take thee D. to be my wedded Wife I D. take thee N. to be my wedded Husband But this must be done publiquely and Banns of both parts publiquely pronounced three Holidays or a Licence procured from the Ordinary for dispensation with all the rites and solemnities injoined by the Church or else the Church takes no cognisance of it 10. Where the Matrimony is subsequent to the allegation there the Whether Matrimony be dissolvible Vinculum is dissoluble As if one man marries another mans Wife or a Husband his Wife living marries another or if the parties contracting or marrying be within the degrees forbidden by God or if either party were Lev 18. precontracted or frigid these necessarily preceding the Matrimony do dissolve the bond But where the matter or allegation is subsequent to the Matrimony there the bond of Matrimony cannot be dissolved but only a Divorce upon just cause is grantable to separate the Complainant à mensa à thoro The reason why in this latter case the Matrimony cannot be dissolved is because Marriage being an institution of God it is in the cause superior to any Humane law or act and so by consequence cannot by them be dissolved And indeed in proper speaking where the Matrimony is subsequent it is rather not done then dissolvible the persons marrying being personae incapaces for such an action 11. The Holy Ghost Ephes 5. 25 c. shews the duty of Husbands The duty of Fathers and Husbands And Cato though no lover of women did think it sacrilege in the Husband to strike his wife Plut. vita Caton cens No question the right and careful education of Children is the onely means by which Parents may hope to have any comfort of them here or hereafter for Train a child in the way when he is young and he will not depart from it when he is old says the Preacher Nor can Parents expect to have their Children virtuous if they be vitious themselves for with what face can any Father condemn his Child for any thing which he allows in himself Besides there is nothing ill which naturally Youth doth not more suddenly apprehend then Men therefore Maxima debetur puero reverentia si quid Juveval Turpe paras And ill habits are soon gotten by Children if they be not carefully observed and restrained and hardly if possibly left when they are Men. CHAP. VIII Of Domestical power 1. THere are three sorts of Families either by Affinity or Alliance How many sorts of Families there be or by Consanguinity or a Legal or Houshold-Family Of such a Family and of its Cause and Jurisdiction we shall in this ensuing Chapter treat 2. A Family is not the cohabitation of divers persons in one house A legal family is not the cohabitation of divers persons in the same house for then Inmates and Travellers c. were subject to the power of the Master and Host Besides subjection cannot be where it depends upon the will of the Subject when he will he may choose whether he will obey But it is evident that Inmates and Travellers may when they will cease their subjection by leaving of the house 3. A Family is contained in the mutual offices of commanding and What a legal family is obeying of several persons under one head in the same house And the same head may be of divers Families as when a Master keeps servants in two or more different houses 4. A Family may consist of Paterfamilias who is Father and Husband Of what persons a family in the largest sense is compounded and the head or commanding part of the family of Wife Children and Servants who are the obeying part of the family or of the Mistress of the family who commands and of Children and Servants who obey 5. But because a Family may consist where as parts of the Family In the more proper sense there is neither Father nor Mother Husband nor Wife nor Children A Family is properly where several Servants obey the same Master or Mistress in the same house 6. Servants are twofold either voluntarily serving with their consent Of Servants first given such as are those servants who for such wages serve their Masters for such a terme or where they serve whether they give consent or not as where men are slaves or apprentices The power which the head of the family has over his Servants is called potestas herilis or despotica the Masters or Mistresses power We speak first of Masters power over Servants serving for wages 7. It is impossible that any
derived from this begging the question is false Indeed Mr. Hobbs is no question a man of most exquisite parts and learning and possibly might have a peaceable intention in making the Civitas the Judge of all matters of faith as well as manners But sure many things in his generation of it can never consist as his making Jus and Lex contrary one to another his making the Legislator to depend upon the Citizen for without his consent and proper pact either express or understood the Legislative right can be conferred upon none And yet he says Wherefore doest Cap. 12. art 3. thou call him Tyrant whom God hath made King His making the Civitas to receive all power from the pacts and wills of men and making the Civitas Head of the Church and Judge of Faith makes the power of the Church and all Faith to be a thing invented and to receive their beginnings from the wills and pacts of men then which what can be more destructive to Faith and Religion But for our Author Tho. White Gent. he is not worthy the name of a learned rational nor honest man 13. Slaves are born or made so Slaves born are the children of such Slaves as were so Slaves made so happen two ways For being condemned for some crime committed against some humane Law and therefore by the Condemned persons Law condemned to it Where the Law condemns it is the will of the Supreme power which condemns and therefore not the will of the Slave that makes it so I deny therefore that where the Law does not make Slavery any man can make himself a slave to another nor can any man use another as a Slave where he is not made so by Law Or else Slaves are Prisoners taken in War There is no man will affirm Prisoners by War the taking of another man prisoner gives the taker a power over the others life for then all men falling into the hands of Thieves and Pirates the Thieves and Pirates have a power over their lives and so commit no murder in putting them to death But Slaves from being made Prisoners is when there is competition between two Supreme powers and they give their Subjects power over all their Enemies which they shall take Prisoners It is not therefore the taking of another Prisoner which gives a man power over anothers life but a precedent humane Law which gives this power over those Enemies which any Subject shall take Prisoner and sure no man was ever taken Prisoner by an act of his will It is false therefore that Bodin says That a man may make himself a Slave of his own accord lib. 1. c. 5. p. 31. de repub a man may as well offer violence or kill himself and that a man bought for a price of Thieves and Pirates is a Slave to the Buyer for he is not made so by any humane law Nor can any act of force ever give another any power nor can any continuance of time make any thing good which originally was not so and therefore if all commands were originally from force as he affirms then are no commands now any better and so no difference Pag. 46. de rep between the commands of Thieves and Pirates and of Fathers and Kings Although a man lawfully taken prisoner by another be in his power Slavery moderated so as it is in the Takers power to have taken away his life and so an act of grace in granting it yet the Law which originally gave this power may moderate it as here in England the Law hath restrained the Lord from killing or maiming his Vilain Slaves have nothing proper against their Master 14. Apprentices are when the Father or Mother do oblige a Child Apprentices for such a term to serve such a Master and this act is binding because by the Law of Nature the Father hath an absolute power over his Children But because of the impotencie of Children who cannot by reason of their youth and want of art and experience do any thing which may at first compensate their diet and clothes if the poverty or negligence of parents be such that they cannot or will not procure a Master for their Children and where Children are Orphans they may be bound and compelled to serve Apprentiships in such manner as is prescribed by the publique humane Laws of the place 15. Neither naturalis nor delegata potestas can be communicated nor What power is alienable aliened But acquisita potestas as the power of Masters over their servants and slaves may be sold aliened or otherwise given away And therefore Guardian in Chivalry may give or sell to another the Guardianship of his Ward but Guardian in Socage cannot for his is delegata potestas 16. The Master of every family deriving his power from the humane The Masters power restrained to humane laws Caveat laws of every place his power is restrained to the laws of that place therefore ought he not to command his servant any thing which is against the laws of the place When I say by humane laws such a thing is to be done or not done I always except those laws which God did give to the Israelites and peculiar only to them when he pleased immediately to reign over them which laws did supply those humane laws by which his Vicegerents do procure peace among us CHAP. IX Of Ecclesiastical power THat there is a GOD who is the Author of all good past present By the light of nature God is to be worshiped and to come and that He is to be worshiped and adored not only for the present past and future blessings in this world but also in hope of eternal happiness in the world to come is so naturally ingraffed into the minds of all men that not scarce one man compos mentis in an That there is a God and this God to be worshiped and served is innate in the minds of all men Plato Euthyphro requires as the first axiom of all virtue age did ever deny it It is no wonder therefore if men attaining to such a height of impiety as to sell their inheritance in Heaven unjustly to purchase possessions upon Earth do always make the specious pretences of Religion and Reformation as the easiest way to work upon the giddy and inconstant multitude carried hither and thither with every wind of doctrine the Exordium of all their Enterprises for Quoties vis fallere plebem Finge Deum 2. But how they should worship him aright from the imperfect use of The difficulty of pleasing God from the light of nature their reason prejudiced by their appetitions and affections is not to be imagined For to worship and serve God not according to the will and pleasure of God is superstition and not to worship God is atheism It is therefore an impossible thing without the special assistance of Gods grace that men should not fall either into superstition
absurd But if Solomon his offering a peace-offering for the people and his blessing the people be objected I answer it does signifie no more then a fathers blessing his children and praying to God that they may live peaceably But none of the Kings did ever offer a sin-offering or burn incense to the Lord without reprehension by God Out of this it is evident that God never forsook men before they Annot. 2 first did forsake him Adam did first eat the forbidden fruit before God drove him out of Paradise and cursed Mankind and the ground for his sake Then mankind sinned malitiously before God brought the general Cataclysme upon them and they made a wicked conspiracy before God confounded them at Babel but none were more malitiously stubborn than the Jewes who when they were enjoyned to observe the Ceremonial Law scarce ever observed it but went a whoring after the Gods of the Nations Moab Ammon Ashteroh c. yet since our Saviour hath fulfilled it never did men so superstituously observe any thing as they have done it And now Oh that I could more then powre forth all Jeremies lamentations in commiseration of thee O my Mother Church and Native Country much more deserving it then the Jewes in the Babilonish Captivity for Jeremiah foresaw their return and restitution whereas I cannot hope but that Christianity it self is in the very wayne here among us For not only Bishops and Priests are therefore hated because they are Christs Ministers and Puppets Mountebankes and Tryers set up in the place of them and not only all the carved works in the houses of God in despite of God are beaten down with Axes and Hammers and the houses themselves destroyed and made stables for horses but all the solemn days kept in commemoration and gratitude for our Saviours Nativity Passion Resurrection Ascention c. in despite of Christianity decryed as superstitious c. Sure as glorious Christian Churches as ever were in England have been in Africa c where were it not for some poore Christian slaves there is not so much as any footsteps of Christianity left The Contents of the Third Book THe First Chap. contains the causes of Subjection of Subjects to Supream Powers of Subjection of Children to Parents of Servants to Masters as also to them who have oversight over us in the Lord. The Second Chap. treats of succession of Princes in Hereditary Monarchies and discovers the fiction of the Salique Law in France and that it was a meer invention to exclude the just title of the Kings of England and has been ill observed by the French themselves when it did not conduce to their advantage The Third Chap. treats of the Municipal Laws of my dear and native Country before they became invaded and subverted by those men who in so many several shapes since 1640. have arrogated to themselves the name of Parliament THE THIRD BOOK CHAP. I. Of Subjection 1. IT is observed by a Writer that our Saviour Introduction in communicating the Cup to his Disciples as if he had foreseen that it would be detained from the Laity gave it in these words Drink ye all of it whereas in partaking of the Bread he said only take eat c. I am sure it is well worth the observation that the Holy Ghost as foreseeing the great abuses which should happen in the world by the specious pretences of Religion Conscience the Power of the People or Parliaments c. commands Subjection to Higher Powers not in certain cases but absolutely and not certain persons but every Soul is to be Subject to the Higher Rom. 13. 1. Powers 2. I say Supream or Regal Power being from God immediately by Subjection due by the Law of Nature to Soveraigns the Law of Nature it does necessarily follow that subjection of Subjects to their Soveraign is due by the Law of Nature nor can the relations be dissolved but by God himself I may I think without any affectation affirm that the Judges in Calvins case were as learned and upright as ever any before or since let us therefore see their resolutions 3. Those learned and upright Judges resolve tit Ligeance Ligeance What is Ligeance is a true and faithfull Obedience of the Subject due to his Soveraign This Ligeance and Obedience is an incident inseparable to every Subject for as soon as he is born he owes by birthright Ligeance and Obedience to his Soveraign Ligeantia est vinculum fidei quasi essentia Legis and a little after page 5. Ligeance does not begin by the Oath of the Leete For many men owe true Ligeance who were never sworn in the Leete Where note it is false if not Treasonable in Mr. Hobbs who affirms that the Knowledg Note of the Legislator does depend upon the Citizen For every man is as much a subject before he hath taken the Oath of Aligeance as after And see whatsoever is due by the constitution of man may be Pag. 25. tit 5. altered but natural Ligeance of the Subject to his Soveraign cannot be altered ergo natural Ligeance or Obedience to the Soveraign is not due by the Law or constitution of man And again whatsoever is due by the Law of Nature cannot be altered but Ligeance and Obedience of the Subject to the Soveraign is due by the Law of Nature ergo it cannot be altered Et qui abjurat regnum amittit regnum sed non regem amittit patriam sed non patrem Pag. 9. patriae 4. Ligeantia ac quisita or Denization is threefold First absolute to them Ligeantia acquisita Pag. 5. 6. and their heirs Secondly limited as when the King does grant Letters of Denization to an Alien and the Heirs Males of his body or for life The third is when the King by Conquest conquers another Kingdom or part of it the Antenati Postnati are Denizens of the Kingdom or Dominion so conquered Yet sure under correction the Postnati are not only Denizens but Natural Subjects For Power and Subjection being by the Law of Nature all men born in the Dominion of any Soveraign are his Natural Subjects and with this does Sir Ed. Coke agree If a man come into England and have issue two Sons these two Sons are Indigend Subjects born because they Com. Lit. pag. 88. are borne within the Realm that is in the Dominion of the King but if any be borne out of the Realm that is out of the Dominion of the King although of Natural Subjects to the King they are alienigena They therefore who are Postnati in the exercise of the Kings power by Conquest are his natural Subjects 5. Local Ligeance is when any Subject of France is in England or any English in France c. so long as he is in the power of the King he is de Local Ligeance tit 3. pag. 6. facto his Leigeman Therefore a Frenchman being in England joyned with divers Subjects of this
Realm in Treason against the King and Queen and the indictment concluded contra ligeantiae suae debitum For he owed the King a Local Obedience but if he have issue here that issue is a Natural born Subject and it is not caelum nec solum neither clymate nor soyle but Ligeantia which makes a natural Subject and therefore if Enemies possess any fort c. the issue borne there is no Subject of the Kings by as much reason those Subjects borne after Conquest by any King of England are his Natural Subjects 6. Legal Ligeance is when at suit of the King the Subject takes the Oath of Ligeance to the King which is You shall sweare that from this day âigeantia Leââââs tit 4. ââg 6. 7. forward you shall be true and faithful to our Soveraign the Lord King Charles his Heirs and truth and faith shall beare of life and member and Terrene honor and you shall neither know nor heare of any ill or damage intended unto him that you shall not defend so help you Almighty God The substance and effect hereof is due by the Law of Nature ex institutione natura the form and addition of the Oath is ex previsione hominis In this Oath five things are observed 1. For the time it is indefinite and without limit from this day forward Five observable things in the Oath of Ligeance 2. Two excellent things are required that is to be true and faithful 3. To whom To our Soveraign Lord the King and his heirs 4. In what manner And faith and troth shall bear c. of life and member that is until the letting out of the last drop of our dearest blood 5. Where and in what places ought these things to be done In all places whatsoever for You shall neither know nor hear of any ill or damage c. that you shall not defend c. So as Natural Ligeance is not circumscribed within any place 7. Subjection as well as Regality being by the Law of Nature Quae The consequent upon Subjects endeavoring to dissolve their subjection Deus conjunxit nemo separet And let no man or men ever think to mend what God hath made For besides the innocent blood which will be shed besides the rapine plunder sacrilegious profaning of all sacred things in the mending if God in his judgments doth permit seditious men to prosper in their wickedness so as they suppose they have attained their Ends yet their Ends never end in peace among themselves For abstracting from the general fear common to them all of the right Heirs recovering his right it cannot be expected that all Competitors will be pleased some will think others too great none will think themselves great enough They themselves have made a president to evade all subjection and obedience to Laws and Government by pretending Liberty and Reformation So that after so much bloodshed what can be expected but the shedding of more without ever hoping to have an end Well therefore says Sir Edward Coke Inst 3. p. 36. Peruse over all our Books Records and Histories and you shall find a principle in Law a rule in Reason and a trial in Experience That Treason does ever produce fatal and final destruction to the Offender and never attaineth to the desired end two incidents inseparable thereunto And therefore let all men abandon it as the most poisonous bait of the Devil of Hell and follow the precept of holy Scripture Fear God honor the King and meddle not with the seditious But it may be objected That though Subjects Allegiance be natural Object 1 or due by the Law of Nature yet since there cannot be any visible power under Heaven which can judge between an Usurper and rightful Prince what rule have Subjects to direct them to whom they owe their subjection or obedience Sol. It is true there is no visible Power under Heaven which can judge between an Usurper and rightful Prince but the Consciences of men Yet being natural a man may as well ask how a man shall know whether every Being be of less excellency then the Cause of its being or that things equal to a third are equal to one another I am confident that where the confusion was not made by Popular rage and usurpation since the begining of the world God did scarce ever leave men so destitute but they were morally certain to whom they did owe their Topical and Natural obedience But if Regal power be the Ordinance of God and Primogeniture be Object 2 preferred by the Law of Nature then can there be but one rightful King in all the world and he the first-born from Adam which no man can believe Answ I answer That though Primogeniture be preferred by the Law of Nature and immutable by the will of Man yet is not God subject thereunto but before the Flood he rejected Cain though the first-born of Adam and made him a Vagabond and none of the Patriarchs So in the first age after the Flood God subjected Canaan although the son of Ham Japhets elder brother to Japhet And so did God prefer Jacob before Esau and Gen. 9. 27. Ephraim before Manasses and Solomon before Adonijah Yet where and when God did not reveal himself to Man otherwise was ever Primogeniture preferred Nor can it in reason be expected that God should be so cruel a Taskmaster to require subjection upon penalty of Damnation if it were not evident to whom this subjection were due It is sufficient that Subjects pay their obedience to him against whose title no just or superior title can be taken Yet is not this subjection always to be understood of active subjection For no man is bound Government being intended for mans preservation not destruction actually so to submit to rightful Governors that he be morally certain of destruction therefore Yet ought every man rather to suffer death then actually to renounce or resist rightful Governors to whom by the Law of Nature they owe obedience Quaere 8. But suppose there be such a succession from an Usurper that not only the Heir to the Usurper but all men in his Government were born Subjects to him and his Ancestors from whom he is descended as in the time of Henry 6. when all men were born either in subjection to him his Father or Grandfather who had no colour or title to the Crown whether in such case may Subjects so born assist such a Prince against the right Heir I say I pray God avert the like from ever being again in the English Nation 'T is true the right Heir hath a just title of war against such a Prince but whether Subjects so born their being so born being no act of their will but was caused by a higher cause viz. the will of God may actually assist him to whom they were so born in subjection against him who hath the superior title I leave to God and mens consciences 9. But this Quaere can only
institution and therefore incommunicable or alienable yet after it pleased God that Kings should be nursing fathers and Queens nursing mothers to his Church the exercise endowment priviledges and immunities of Christian power is of positive humane institution The obedience therefore or subjection due to them who have oversight over us in the Lord is not formally due to such Bishops and Priests who have once had the oversight over us but to such Bishops and Priests who are legally constituted to exercise the jurisdiction or function in such Dioceses or Parishes where they are so constituted which exercise is alienable or transferrible though not at the will of the Incumbent yet at the will of Supreme powers and legally at the will of the Donor CHAP. II. Of Inheritance and Succession 1. NO humane law can create a humane right Jura sanguinis nullo jure No Humane law can make a Royal heir civili dirimi possint Nor is this right of succession from Divine positive laws but observed as well where Gods revelation of himself is not received as where it is And if according to the resolution of all the most learned and reverend Judges in Calvin's Case subjection is from no humane law but from the law of nature Then of necessity must Regal right and inheritance be from the law of nature for no man supposeth subjection where he does not presuppose power The Will therefore of Henry the Eight where for want of issue of Edward Mary and Elizabeth he gives the English Monarchy to the issue of Frances and Elianor daughters of Mary his younger sister before the right heirs of Margaret his eldest sister wife of James the Fourth of Scotland was void and not to be allowed and so was that of Edward the Sixth who did disinherit his sisters Mary and Elizabeth and gave the Crown to Jane daughter of Frances the French Queen aforesaid by Charles Brandon Duke of Suffolk and so were the Acts of Parliament made by H. 4. 5. and 6. which entailed the Crown upon their Heirs so was the Acts of the last of Henry the 6. which entailed the Crown upon him and the heirs males of his body and so were the Acts of the first of Rich. 3. and H. 7. which entailed the Crown upon them and their heirs Neither is succession and inheritance of Crowns declared by any humane Law in the world that I know of but only the pretended French Salique Law which we shall examine afterwards 2. None but God can make an Heire to a Crown solus Deus haeredem None but God can make an Heire to a Crown facere potest non homo Co. Lit. Sect. 7. And this Heire which Sir E. Co. here speaks of is but heire in fee to Lands or Tenements according to common Law or Custom if then only God can make such an Heire then sure none but God can make an Heire which makes humane Laws and permits Customes 3. It is not only humane Laws which say a bastard is filius terrae None can inherit not born in Matrimony Gen. 22. 2. quasi nullius filius Et qui ex damnato coitu nascuntur inter liberos non computentur but God calls Isaac Abrahams only Son although at the same time Abraham had his Son Ismael by Hagar his Handmaid or Concubine And Abraham gave all he had to Isaac but to the Sonns of the Concubins which Abraham had he gave gifts Gen. 25. 5 6. So though Ismael were Isaacs elder brother yet in comparison of Isaac born in wedlock God himself did not account him Abrahams Son Nor can one instance be given that ever by Gods either command or permission any born out of marriage did inherit By the Law therefore of God aswell as humane Law none can inherit which are born out of matrimony 4. That which no humane Law prescribes and yet is observed by all The Issue male shall inherit before the Issue female in Royalty men generally in all ages is from the Law of Nature But no humane Law prescribes the male to inherit before the female in regality yet it is observed by all men generally therefore that the issue male shall inherit before the female in regality is from the Law of Nature 5. If primogeniture had not been a sacred thing and inheritance annexed Of the Issue male the first born is to be preferred to it by the Law of Nature then could not Esau have been pronounced a prophane person for selling his birthright Heb. 12. 16. although he did it to save his life Gen. 25. 34. but being due by the Law of Nature I say Esau by his sale could not transfer it to Jacob yet because Esau did despise it Gen. 25. 34. it was just with God to transfer it to Jacob neither can it be shewed any where in sacred writ but that alwaies primogeniture in royal descent was a good title where God did not interpose 6. Only the King can inherit and succeed because his Royal capacity is Why only the King is said to inherit and succeed and Subjects do either inherit or succeed but never both affixed and inseparable with his person In the Oath therefore of Ligeance Subjects swear to beare faith to the King his Heirs and Successors but no Subject can both inherit and succeed because there is no succession can be affixed to the person of any Subject by vertue of inheritance All Corporations therefore do not descend by inheritance but are acquired as they are nominated or elected in such manner as is granted by the King or supream power 7. There are but two waies by which hereditary or successive Monarchies How many waies hereditary Monarchies descend do descend the one is Lineal descent the other Lineal Agnatical Cognatical or Collateral or as we say the one descends to the heire general the other to the heire male This latter by vertue of a Salique law takes place only in France we will therefore see what may be said and objected against the former and how the latter hath been observed in France and of what Authority it is 8. That cannot be against the Law of God which he has owned and Gynococratia or inheritance of Women not unnatural nor against the Law of God given a blessed president of but that God has owned Gynaecocraty and that in a great and miraculous delivery of his own people is evident in Deborah And that Women may inherit when the daughters of Zelophehad made their plea for their inheritance Numb 27. They first pleaded negatively Our Father was not of the company of them that gathered themselves against the Lord in the company of Corah which is a plain argument that rebellious Subjects have no property against supream powers but forfeit their goods aswell as lives for God saies ver 7. the daughters of Zelophehad spake right why should the name of our father be done away from his family because he has no Son And God himself
saies ver 8 9. 10. If a man dye and have no Son then shall the inheritance pass to the daughter and if he have no daughter then shall the inheritance go to his brethren and if he have no brethren then ye shall give the inheritance unto his fathers brethren c. And that inheriting by the daughter when there is no Son in Britain consonant to the Law of God is as old as any record we can find when Voadicea led the Britans against the Romans it was alwaies a thing observed among them Neque enim sexum in imperiis discernunt Tacit. Lip in vita Agric. 457. Wherein Regality differs in descent from Estates by Civil Laws 9. Although Gynaecocraty be neither against the divine Law of God or Nature yet it is only to be understood that in regality the female shall inherit when she is the eldest sister and lineally descended from the Ancestor which has no Heir male of his body lawfully begotten For in Regality possessio fratris non facit sororem esse haeredem But if a King or Queen by inheritance have issue by several venters or extractions and by the latter a Son who does inherit who dyes without issue yet shall the Heir male descended from the Father although but of half blood to him inherit before his sister and the elder sister descended from the Father shall inherit before his sister although she be of whole blood to him from the reason aforesaid and therefore Queen Mary and Eliz. although but of half blood to Ed. the 6. did inherit before the Queen of Scots or the issue of the Queen Dowager of France by the Duke of Suffolk Charles Brandon although they were of whole blood to him and thus much does Sir Ed. Coke testifie Com. Lit. cap. 1. Sect. 8. p. 15. 10 Before we examine the authority and observance of the Salique Law First Charge let us see the heinous charge which Monsieur Bodin brings against Gynaecocatry Bodins charge and incommodities against Gynaecocatry cap. 5. lib. 6. pag. 738. de rep He says Gynaecocraty is inimicitious to the laws of Nature which gives prudence strength magnanimity of mind force to command to Men takes them away from Women Answ A fine general charge this If I can form an argument out of it this is it All Government wherein prudence strength magnanimity c. do not command is inimicitious to the Laws of Nature But in Gynaecocraty neither prudence c. do command Therefore Gynaecocraty is inimicitious to the Laws of Nature Now the Major proposition requiring strength prudence and magnanimity in command the Conclusion will be as strong against all Government as Gynaecocraty for he hath not defined what strength prudence c. is nor who shall be Judge what it is and so any man who will but deny that there is strength prudence c. in the Governor may by the Laws of Nature not obey nay it is against the Laws of Nature to obey But in what case are all Pupil Kings Sure the man intended to make good Pepins and Hugh Capets Titles from this Proposition against Childerick and Charls of Lorrain But that which is most monstrous and impious is that it is inimicitious to the Laws of Nature for any Child to obey and honor his Mother because she hath not prudence magnanimity and force of command The Law of God not only took from Women the Government of Common-wealths Second charge but also of Families whenas he deservedly subjected them to the command of their Husbands The argument out of this is Whom God hath subjected to the command of their Husbands cannot by the Law of God command in Families But God hath subjected Women to the command of their Husbands Therefore by the Law of God Women cannot command in Families Answ Yes such Women as never were married nor subject to their Husbands may granting the Major proposition But I deny the Major proposition for sure it is no where against the Law of God for a Widow to govern her Family As often as God testifies that he will take terrible vengeance against the enemies Third charge of his Name he threatens them to be subject to commands and laws of Women for this he cites Isa 8. although I cannot find any such thing there as if that were the utmost of evils and extremity of calamities Answ That this is false is evident by Gods miraculous delivery of the children of Israel by the leading and command of Deborah Besides how can God command Women to command and give Laws if it be against the Law of Nature Which is all one to say God does command against the Law of Nature that is his own Law The Roman Laws did seclude Women from all Civil offices and Publique Fourth charge employments Answ But though the Roman Laws did forbid it yet if the Laws of France did not allow it how came Blanch the wife of Lewis the Eighth Katherine de Medici wife of Henry the Second and Mary de Medici wife of Henry the Fourth and Anne the Mother of the present King to manage the Regencie of France as imperiously during the minority of their Sons as if they had been absolute Princes That in Gynarchy the Wife is not subject but superior to her Husband Fifth charge Answ So heavy bodies will against their nature ascend to supply a Vacuity Answ His sixth charge is an Invective against Vasti Joan of Naples called the Sixth charge Wolf Athaliah Cleopatra Zenobia Hirene As indeed telling of stories is usually the greatest part of his reasoning and that he will do so amply that Scaliger justly reprehends him with making not writing Histories Now if I should fall into the commendation of Ruth Hester Judith Deborah c. I am quit with him It is true indeed that 't is a great blessing to any Nation that God gives them a Masculine Heir endued with all those qualities he speaks of But when God doth give a Child which he pronounceth a woe to that Nation Eccles 10. 16. or a Female Subjects must be content and submit themselves to Gods pleasure For in going about to alter what God hath done they will make themselves in a much more woful condition Nor could that be a judgment of God upon a Nation to give Fools and Children or Women for Heirs if Subjects at pleasure might alter them and set up others in their stead 11. The Salique Law took its name either from the Country Salia The etymologie of the Salique Law or the River Sal or from contraction of Si aliqua so often mentioned in the Law 12. There are three things observable in the Salique Law the authority A short view of the authority and observance of the Salique Law of it the eternity of it and the reason of it For the authority of it it was made by the Lord knows whom for the eternity of it it shall end the Lord knows when
and for the reason De terra vero Salica nulla portio haereditalis mulieri veniat sed ad virilem sexum tota terrae haereditas perveniat Bodin de rep p. 745. 13. For the authority of it the learned do not agree by whom it was The authority of it by D'-Avila made nor whether any French King ever made any such or not D'avila in the beginning of the first book of the Civil wars in France recites the most probable conjecture which is That the French when they left their habitation to seek fresh quarters sate down at the river Sala which divides Misnia Westward from Turingia and there forsooth did agree to choose themselves a King and did make Constitutions which should be fundamental and unalterable ever after and those Constitutions being made at the river Sala are called Salique Laws 14. There is no story of Guy of Warwick Amadis de Gaule or the Dun How probable Cows rib but is of as much authority and probability as this For can it be imagined that a company of Rogues and Thieves going to rob and thieve at Gads-hill should agree at Greenwich to make unalterable Laws for their government and succession before they were possessed of any thing and what they make their Laws of is nothing but what they shall rob and cheat other men of 15. But Bodin will not undertake to tell by whom or when it was made Bodin's opinion it is strange you will say that making up his discourse almost of Histories he hath nothing to say for this he only saies it is not new as many men think but engraven in the most ancient tables of the Salians in these words De terra vero salica c. ut supra So Bodin names neither by whom nor when Para. 12. this Salique Law was made Did ever man infer so fondly that because the Salian women did not inherit therefore the French Crown cannot descend to women But mark now if this be a consequence The women of the Land of Salia do not inherit and therefore no female can inherit the French Monarchy then if the men of the Land of Salia will alter this constitution the descent of the French Monarchy is altered by an Act of the men of Salia for Cessante ratione legis cessat lex and sublata causa tollitur effectus In their contest with the Popes the Kings of France say they hold their Crown of God whereas if Bodin says true they hold it by a Law written in the Tables of the Salians I can say no more for the authority of this Law unless I should repeat the same things again out of De Serres and other learned French Historians 16. This Law cannot be altered by the King and Estates general The eternity of it I had thought that only the Laws of Nature had been unalterable It is a rule that Unumquodque dissolvi potest eo ligamine quo ligatum est And if this Salique Law be a constitution of Man by that power which made it a constitution by that power it may be altered 17. De terra vero Salica nulla portio haereditatis mulieri veniat sed ad virilem The reason of it sexum tota terrae hereditas perveniat Now let any man that is in his wits or understands any thing of the nature of a Law judge whether there be any shadow of reason in this For a Law is the rule or direction of him who does govern to be observed by them who are governed How then can the Crown of France descend according to the customs of the Salians if the French Crown be not subject to the men of Salia and they had given the King and his successors this unalterable Law of not descending to the female but where this country Salia should be I could never find so much as the name in any Geographer or Historian ancient or modern Sure the Romans so curious in searching and describing of Countries would not have overseen it especially the Emperor Julian warring so long in those parts of Germany not above sixty years before they suppose Pharameund departs out of Salia for to seek better quarters in Gaule 18. The two main parts of the Salique Law are That the Crown shall The two main parts of the Salique Law descend to the next heire male and if the heire be ana infant that the next Prince of the blood who is a Major shall during his minority be his Guardian and Regent Yet Bodin is fearful that the Salique Law was not bar enough against our Ed. the third being never before heard of saies Hailân he saies pag. 745. Whenas the controversie concerning the Crown of France was between Philip Earl of Valoys and Ed. the third King of England Philip defended the Salique Law by the Voconian which ordained by the consent of the Fathers and Princes that in that controversie no man should use the authority of forrain Lawes but every one should study for his profit the Salique Law But when the question was 1563 whether Charles the ninth were a Major at fourteen years of Age currant or compleat the Parliament of Paris would have taken upon them to decide it when Charles sends them word I do not mean that you should deale in any thing but with the administration of good and speedie justice to my subjects understand hereafter that you are not confirmed in your offices by me to be my Tutors or Protectors of my Realm nor Governors of my City of Paris as hitherto you have perswaded your selves Besides Charles the seventh Anno 1420. was adjudged to banishment and unworthy to succeed in any of the signories of France by all the Courts of the Parliament of Paris And so about 7 years since was the Prince of Condi and so was Henry the forth by all the three Estates at the general assembly at Bloys Anno. 1588. So that is is evident that this immutable Law is not so inviolably kept by the French themselves when it does not serve their turn How should the Voconion Law oblige against Ed. the third and not the Acts of Parliament of Paris and general Assembly at Blois oblige against Charles the seventh and Henry the fourth for ubi eadem est ratio ibi idem est jus 19. There cannot be a more imprudent act then to make any one Ward The imprudence of the Salique Law to him who is his next heire especially to a Crown which frees any one from all attainders what then can be more imprudent then this part of the Salique Law which gives the pupil King into the hands of the next heire who murthering him makes way for himself to the Kingship By our Country Laws no man could be Guardian to the person of a Ward but the next of blood to whom the inheritance could not descend But this part of the eternal Law has not of late been observed by the French Nation whereas the contrary hath been
those that are Deciners elswhere to enquire of the offences personal and of all the circumstances of offences done in those Hundreds of the wrong done by the Kings or Queens ministers and of the wrong done to the King and the Commonalty But this ought not to be done by Bondmen or Women but by the Oath of Twelve Freemen The County-Court which the Sheriffs hold from moneth to moneth County-court sec 9. or from five weeks to five weeks according to the greatness or largeness of the County Of Court-Barons and Hundred Courts Court-Baron c. sec 10. The other mean Courts are the Courts of every Lord of the Fee c. Pipowders sec 11. Courts of Pipowders And that from day to day speedy Justice be done to Strangers in Fairs and Markets as of Pipowders according to the Law of Merchants Court of Admiralty The King hath soveraign jurisdiction upon Admiralty sec 12. the Sea Courts of the Forrest The Kings Ministers of his Forrests have Courts-Forest see 13. power by authority of their office to swear men without the Kings Writ for safeguard of the peace and the Kings right and the common good c. He treats of the Professors of the Law as Counters who are Serjeants and Pleaders Of Attornies Of Ministers of Justice as Viscounts Coroners Escheators Bailiffs of Hundreds c. And also by the antient Kings Coroners were ordained in every County and Sheriffs to keep the Peace when the Earls were absent from their charges and Bailiff in lieu of the Hundredors c. Of the Prerogatives of the King as of Deodands Alienation to Aliens Teeasure found Wreck Waif Estray Chattels of Felons and Fugitives Honors Hundreds Soakes Gaoles Forrests chief Cities chief Ports of the Sea great Manors These held the first Kings as their right and of the residue of the Land did enfeoff the Earls Barons Knights Serjeants and others to hold of the King by Services provided and ordained for defence of the Realm It was ordained that the Knights Fee should come to the eldest by succession of heritage and that Socage Fee should be partable between the Male-children and that the Liege-Lords should have the Marriage He treateth in the first Chapter of Crimes and their divisions of the crime of Majesty of Fausonnery of Treason of Burning of Homicide of Felony of Burglary of Rape c. In the second of Actions of Judges of Actors c. In the third of Exceptions dilatory and peremptory that is Pleas to the Writ and in Bar c. of Trial by Juries and by Battel of Attaints of Challenges of Fines c. In the fourth of Judgments and therein of Jurisdiction of Process in criminal causes and in Actions real personal and mixt So as in this Mirror you may perfectly and truly discern the whole Body of the Common Laws of England Thus far Sir Edward Coke Mr. Lambert in his unfolding the difficult things and words in his translation of the Saxon Laws says King Alured when he had made a League with Guthrun the Dane having followed the most prudent counsel given by Jethro to Moses first divided England in Satrapias Centurias Decurias He called Satrapiam ãâã ãâã ãâã ãâã ãâã a ãâã ãâã ãâã ãâã ãâã which signifies to divide He called Centuriam ãâã ãâã ãâã ãâã ãâã and Decuriam ãâã ãâã ãâã ãâã ãâã or ãâã ãâã ãâã ãâã ãâã that is a company of Ten men and by those names they are called to this day And that no man might be ignorant the Decuria did consist of Ten men whereof all of them were pledges that every one should be forth-coming to any Action in Law and if any one did any damage the other were bound to make it good and from hence the other nine were called ãâã ãâã ãâã ãâã ãâã that is Free-pledges we in the Pleas of Courts call them Francos plegios The tenth man ãâã ãâã ãâã ãâã ãâã called the Decurio or Tithingman by which name he is most known to the Eastern English at this day Others call him ãâã ãâã ãâã ãâã ãâã others call him ãâã ãâã ãâã ãâã ãâã that is the first or chief Surety or Pledge The Kentish men call him Borsholder corruptly for ãâã ãâã ãâã ãâã ãâã that is the first Surety Centuria or a Hundred was made up of ten Decuria's as one Hundred is made up of ten times ten This viz. Hundred the men beyond Trent called by another name not unknown to the common people ãâã ãâã ãâã ãâã ãâã Wapentac Alured then further ordained That every man of free condition should be enrolled in some Hundred and be conjoined into some Ten-men company That of lesser businesses the Decurions or Court-Leet might judge and if any weightier matter were it should be deferred to the Hundred or County-Court Lastly that the Alderman and Sheriff I take it he calls them Senator Praepositus should compound the most difficult Suits and of greatest moment in that frequent Convention from all parts of the Shire or County And what the manner of judging was King Etheldred in the fourth Chapter of his Laws which he enacted in a full Senate or Parliament at Vanatnigum ãâã ãâã ãâã ãâã ãâã Woodstock expounds almost in these very words In all and every Hundred let there be Assemblies and that Twelve elderly men of free condition together with the Sheriff Praeposito be sworne that they will not condemn the Innocent or absolve the Guilty So that Mr. Lambert seems to be of opinion that the Common-Law had its origination from King Alured or Alfred who was King of all England and a most victorious pious prudent and glorious Monarch about the year of our Lord 890. And from a most deplorable condition by reason of the Danish invasion and robbery reduced it to a most quiet calm and laid that foundation upon which the body of the common-Common-Law is since builded But whosoever was the first Founder and Establisher of them certain it is they were antient and Laws which better suit to the nature and disposition of English-men then any other that are or ever were in the world would do 2. As those general Usages or Customs which are generally observed Particular Usages are called the Common-Law so there are almost infinite particular Usages Prescriptions and Customs in several parts of this Nation which are observed as Laws by the Inhabitants of those places and to all intents and purposes have the effect of Laws 3. Statute-Laws are Acts of Parliament which are neither general Statute-Law nor particular Customs but are Laws made by the Kings of this Land in Parliament upon sundry and diverse occasions according to the then occasions as they represented themselves For although all innovations are dangerous and therefore if it were possible no doubt it were best that humane Laws as the Laws of Nature might be immutable and eternal but as God hath created all things transitory and nothing in this world the same the next
to instance the Acts of Parliament which give one Jointenant a power to compell the others to sue a Writ of Partition which was denied at Common-Law and right of Entry where they were put to their Cui in vita c. It may suffice that in no Kings reign there have not been Acts of Parliament which have been so far from making declarations of the Common-Law that they have made manifest alterations in it And as the Common-Law hath no force nor reason against an Act of Parliament so hath no particular Custom any force or reason against it for no man can prescribe against an Act of Parliament and all Lands in Gavel-kind were particular Customs but taken away by Act of Parliament And many Acts of Parliament have not declared the Succession of the English Diadem according to the usual custom thereof but made manifest alteration thereof as in the Succession of Hen. 4. 5. 6. Rich. 3. Hen. 7. 8. which being unjust and the cause not depending upon Humane laws ought not to be obeyed Nor secondly is that a less error that Judicial Records are equivalent to Acts of Parliament for they are so far from being equal to Acts of Parliament that in truth they are no Laws but Inferences and Conclusions which are deduced from Laws For there is not any Judicial Record which is not unjust if it cannot truly and ultimately be resolved in some general or particular Custom Act of the Parliament or grant of the King So that Acts of Parliament the Common Law Particular Customs and Prescriptions and Royal Grants are as Axioms Postulata or Principles in Arts or Sciences and Judicial Records Reported Cases and Yearsbooks are Inferences Conclusions or Sciences deduced from Acts of Parliament the Common Law and particular Customs of this Land or Concessions of the King Touching Royal Government Royal Government being the ordinance of God and from the Law of Nature is paramount to all Humane laws and the prime and efficient cause of them they cannot therefore declare the cause so as to create any obligation of what they are but the effects and from whence derived We have thus far treated of the means by which the Kings of this Nation have until 1640. governed and preserved their Subjects internally But because it is the office of Kings to preserve their Subjects as well from foreign force as internal broil there is yet something wanting of which we have not treated viz. The power of making War and Peace and maintaining Alliance and Traffique Of these in regard they refer to Foreign powers and jurisdictions and are not subject to the Laws of the Nation we shall forbear to treat only affirming that it is necessary that at all times this power must be so vested in the King that at all times he may have the aids and assistance of his Subjects in prosecution of the Ends aforesaid The end of the Third Book The Contents of the Fourth Book HAving thus far treated of all created Rights and the causes of all Laws and created Powers and Vertues and these being previous and necessary to all Justice and Obedience We in this Book descend to treat of Justice in the first Chap. as the most eminent and noble of all Humane vertues it being that which not only conserves private Families but all Nations and Kingdoms in unity peace and society and demonstrate it neither to be in Geometrical proportion as Plato would nor Arithmetical proportion as Zenophon held nor in Harmonical proportion as Bodin taught Nor is that corrective and distributive Justice which Aristotle affirmed to be in Arithmetical and in Geometrical proportion The Second Chap. treats of Obedience and shews how that it necessarily proceeds and yet is different from Justice The Third Chap. treats of Judgment and shews how it differs from Law and Justice The Fourth Chap. treats of Equity and shews how it differs from Judgment and how necessary Courts of Equity as well as Judicature are THE FOURTH BOOK CHAP. I. Of Justice 1. JUstitia est habitus animi communi utilitate Cicero's definition of Justice servata suum cuique tribuens Societatem conjunctionis Humanae munifice atque aequè tuens Justice is a habit of the Minde common utility being conserved giving to every one their right and bountifully and equally Cicero lib. 1. de legibus defending the Society of Mankinde Et Justitia est quae suum cuique distribuit Justice is that which does distribute to every man what is his right Where he says That Justitia est obtemperatio scriptis legibus we will shew that is not properly Justice but Obedience onely 2. Justice is the upright doing of an act conserving Society in that Quid sit Justitia formality as it is commanded or permitted by him who by right may command or permit it Justice is the doing of a just action the doing of a just action is the upright doing of any act as it is commanded or permitted by him who by right may command or permit it preserving Peace and Society I say Justice must have these two properties viz. upright doing that is abstraction from all affections of love hate or self-interest and the Law or Command of him who by right may command or permit such an act Other actions proceeding from Wisdom Reason Experiment or Discourse c. are prudent profitable c. but none are just or honest actions which cannot be truly and ultimately resolved into the Law or Command of him who by right may command or permit such an act So Quotuplex that Justice is twofold either commanded or permitted 3. Injustice is the abuse or falsifying the Law or Command of him What is Injustice who by right commands to the hurt or prejudice of another As a Law preceding and Integrity are inseparable incidents to Justice so Hypocracy seeming just and yet abusing or falsifying a Law and the damage of another or more are incidents inseparable to injustice 4. Let us see who may by right command and who are obliged to do God commands by highest right in conformity to their Laws and Commands I say God by highest right ought to command all the created things in Heaven and Earth and all Creatures are chiefly and absolutely obliged to do whatsoever he commands without any reasoning or disputing why he so commands For the earth is Psal 24. 1. Job 41. 11. Psal 50. 12. the Lords and all that therein is the compass of the World and all that dwell therein And whatsoever is under the whole Heaven is Gods and the World is mine and the fulness thereof All Gods commands therefore have a like and equal influence upon all his Creatures all Creatures as compared to him are alike vile and between him and them is no proportion To abuse then or falsifie any Law of God or Nature to the hurt or prejudice of another is a sin of injustice in all Gods Creatures and
therefore in all men and therefore in all sorts of men As if any man promises another that he will do or give him such a thing although it be to his hinderance he wilfully breaks his promise I say this is a sin of injustice in the promiser for he abuses and falsifies the Law of Nature which obliges every man to the performance of his promise to his hinderance to whom he made his promise And though this be the Law of Nature which does onely oblige in Conscience yet is such a promiser an unjust man nor does he deserve to be trusted as a friend or honest man But this must always be understood of private men and they not pre-engaged Annot. before for the first promise is to be performed Neither must the performance of a private mans promise be to the hurt or damage of another man for by the Law of Nature he was obliged to hurt no man and to give to every man his due before he made such promise A publick person promises to another to do or give him such a thing which will be prejudicial to his trust I say he ought not to perform it for he was obliged to perform his trust before he made such promise What then does preengagement the not injuring of another or publick employment free men and let them loose from all Law of God and Nature I answer nothing less for they sin not less then private freemen in not performing their promise but commit a greater sin in breaking their first promise and betraying their publick trust c. then if they should perform their promise So that in promising they sin but in the performance they commit a greater sin 5. A King promiseth he will not hurt any of his Subjects in their persons How Kings promises are to be interpreted and performed or estates without due Process and after judgment given according to the known Laws He being a King was obliged as King to do to the best of his power all things in order to the good and preservation of his subjects in general and therefore is obliged to this latter promise onely as it is consistent with his former He ought onely to protect his subjects in particular as it does relate to the good and benefit of his subjects in general I say therefore notwithstanding any such subsequent promise is not any King obliged to it but may in case of publick necessity govern by Martial Law and destroy any particular Subjects estate rather then enemies or seditious men should make advantage thereof to the endangering of the publick Nor is this any new thing but always was in all species of Governments since the World began nor does any King sin in making such promise for he may justly do it and thereby secure the mindes of his Subjects who would otherwise be in a continual diffidence nor does he sin in not performing this promise when it becomes inconsistble with the publick good for no King can possibly foresee all the publick necessities and dangers which may happen 6. No mans being greater or lesser does free him from his duty which Injustice in Princes he owes to the Laws of God all men being alike as compared to God Kings therefore being so are not disobliged to the Laws of God and Nature It was therefore a sin of injustice in Ahab to take the possession of Naboth's Vineyard the property and inheritance of the Israelites being given by God and unalienable by the Children of Israel I say this was a sin of injustice in Ahab for his being a King did not free him from Gods Laws but did without any publick necessity abuse the power and command which God had given him as King to the damage and hurt of Naboth and his posterity Davids putting Uriah to death and Ahabs consenting to Naboth's death although after his death were sins of injustice for they were entrusted by God to be Kings for the good of their Subjects Whereas they did abuse and falsifie their trust to the highest wrong of others whom they ought to have protected Princes are Gods Ministers for their Subjects good 7. Man being a reasonable and sociable Creature which being inconsistible Rom 13. 4. Kings by right command next after God with community and parity and mankinde being onely conservable in Society that is in the mutual commanding and obeying of different parties And as God by highest right ought in all things to be obeyed so Kings ought to be obeyed next after God in all things For every Soul ought to be subject to the higher powers for there are no powers but of God and the powers that be are ordained of God And through me Kings reign Rom. 13. 1. Prov. 8. 15. and Princes make just Laws All things therefore which Princes command where God hath not left necessary Laws for the good and governing of their Subjects which he was onely pleased to do to his peculiar people the Israelites are therefore just because they command them they commanding nothing repugnant to the Laws of God 8. A Prince commands a Judge to execute the known Laws uprightly Injustice in Subjects he becomes corrupt and sells or otherwise purloyns judgment I say this is a sin of injustice in the Judge for he abuses the command of his Prince who by right might command him to the damage of another against whom false judgment is given It is an act of injustice in all Subjects in general to abuse the trust committed to them by their Soveraigns for he by right may command and entrust them nor can they abuse their trust but it must be to the damage of the Prince or some other But besides express Obedience of Subjects to their Soveraigns when they are particularly entrusted by them there is a general and implied Obedience which Subjects ow to their Soveraigns and the Laws of their Countrey as Subjects whether they be employed in any place of trust or not For subjection being in the predicament of Relation does imply a right of command and no man can be subject where there is nothing to which he is subject It is therefore a sin of injustice in any Subject to pretend or abuse any of his Countries Laws to the hurt or damage of another 9. Since therefore Kings by highest right next after God may command Highest injustice in Subjects then by consequence is that the highest sin of injustice next after Luciferian pride of Creatures making themselves equal or superior to their Creator for Subjects to tread under foot all Sacred and Civil Laws to make themselves superior to their Soveraigns to whom by all Divine and Humane Laws they ow their obedience to the ruine and destruction of so many thousands of innocent men women and children and families of all sorts which must necessarily come to pass in the attaining their ends And that Subjects do abuse all Humane Laws in pretending them to the advancing of themselves above
all Humane Laws and their rightful Superiors There neither is nor ever was any Government in the World good or bad just or unjust that did ever permit subjects without authority from it to take up arms And by our Countrey-Laws If any man levy war to expulse strangers to deliver men out of prison or against any Statute or any other end pretending Reformation of their own head this is a levying war Nota. against the King because they take upon them the Royal Authority which is against the King Inst 3. p. 9. 10. All Stipulations Oaths Promises c. made by Subjects against All Oaths Promises c. made against Prince or Laws are void Husbands by right may command their Wives their Prince or Laws are void and not to be performed for they were Subjects and obliged to their Prince and Laws before they made such Oath Stipulation Promise c. 11. God is not onely the Author of Government and Obedience of Order and Society in Nations and Kingdoms but also in Man and Wife for being reasonable and sociable Creatures does imply a necessity of mutual commanding and obeying God first created man and by so creating him gave him the power and dominion over the woman It is therefore an act 1 Tim. 2. 13. Justice and injustice in a Wife of Justice in every Wife uprightly to fulfil the Law or Command of her Husband to the benefit of him or another he commanding nothing derogatory to the Laws of God or his Countrey and a sin of injustice in the Wife to falsifie or abuse any Law or Command of her Husband to the hurt or prejudice of her Husband or another 12. God is not less the Author of Power or Right of Command in Of Justice and injustice in Wives and Children Parents then in Husbands As therefore it is an act of Justice for Wives and Children uprightly to do any act which is commanded them by their Husbands and Parents they not commanding contrary to the Laws of God or their Countrey so it is injustice in Children as well as Wives to falsifie any Command or Law of their Parents to the hurt or prejudice of another 13. Suppose the Father and the Husband command the Wife contrary Whether the Wife ought to obey the Father or Husband things whereby it becomes impossible that the Wife should serve both Which ought she to serve I say the Husband For though the Fathers power be from God and so inseparable by any act of Man yet is not God obliged to his own Laws but may give that which he gave the Father to another And Matrimony being an Institution of God in Paradice and the Husbands power from the Law of Nature that is from God the Wife becomes subject to her Husband retaining notwithstanding her piety and observance which is always due to her Father 14. All Societies that is all companies of Men whether of Master Masters of Families by right command their Servants Cicero lib. 1. de leg and Servants of Father and Children of Husband and Wife of King and Subjects are contained in the mutual Offices of commanding and obeying It is true that Cicero says Cum dico legem à me dici nihil aliud intelligi volo quam imperium sine quo nec domus ulla nec civitas nec gens nec hominum universum genus stare nec rerum natura omnis nec ipse mundus potest Where therefore the Laws of Nature are not sufficient there must be a supply of Humane Laws Object We have shewed before that the Power or Right of Command which Kings have over their Subjects which Husbands have over their Wives which Parents have over their Children is from the Law of Nature that is from God immediately I say they command by the Law of Nature For all right of command which is not from any Humane Law is from the Law of Nature but Kings Parents and Husbands have a right of command and not from any Humane Law they have it therefore from the Law of Nature Sol. But though Masters of Families have a right of command over their Servants yet formally they do not command by the same right that Kings Fathers and Husbands do For I deny that ever any Master of a Family had his power from any Law of God I except the Israelites or Nature but that ever since there were Families the Masters or Mistresses of the Families derived and had their power or right of command over their Servants from their Countries Laws If Adams Family be objected I say that Adam commanded not as Master of a Family onely but as a Universal Monarch not onely over all the Creatures irrational that God had made but also over his Wife and Posterity as King and not as Father and Husband onely For no Father or Master of a Family can create any property in his Son or Servant nor had ever any Subject who was not an Israelite property from any Law of God or Nature But it is evident that Cain had property in the Fruit of the Gen. 4. 3 4. Ground and Abel in his Flocks they therefore derived it from Adam as King 15. Since Humane Laws are necessary for the conservation of all Of Justice and injustice in Servants Societies of Men and the Masters power not being contrary to any Law of God or Nature the Master of every Family hath right of command over his Servants by the Laws of his Countrey he commanding nothing repugnant to the Laws of God or his Country It is therefore Justice in every Servant uprightly to execute such commands of their Masters and injustice to falsifie or abuse such commands to the hurt or prejudice of another 16. Suppose the Father makes his Son a Servant for every Father hath Whether the Son ought to prefer the commands of of his Father or Master the same right over his Childes person that a King hath over his Subjects and the Father and Master command the Son contrary things Which shall the Son serve I say the Fathers power being from the Law of Nature and so inseparable by any act of Man the Son ought to serve the Father but the Father being as much in the power of his Soveraign as the Son in his Fathers the Father shall make good to the Master whatsoever he shall be damnified by such command the Laws of the Fathers Countrey obliging Subjects to perform their Contracts 17. Suppose the Master command contrary to the Laws of God or his How far the Servant owes his Master subjection Country and the Servant executes such command shall this excuse the Servant No for being a Servant does not free him from the obligation of the Laws of God or his Country as a Subject Well but if the Master commands upon corporal punishment for the Masters power obligeth to corporal punishment to do something contrary to the Laws I answer That jus vitae necis which Masters had
as Judicial The end of the Fourth Book The Contents of the Fifth Book HAving before treated of the Causes of all Regal and Ecclesiastical power and having in the last Chapter of the Third Book treated of the Laws and Civil Government of this Nation being the exercise of Regal power in reference to the publick preservation of Peace and Society in it In this First Chap. we shall treat how far Ecclesiastical power has been exercised in this Nation and by whom Whether originally the Britanick and English-Saxon Churches were free or subject to the Papal power quoad exercitium And whether as well before the Conquest as after the Kings of this Nation were not Nursing Fathers to the Church of Christ And whether always before the Conquest the Royal Government did not extend as well to the Persons as Possessions of Ecclesiastical persons And whether all Bishopricks were not originally of the Kings foundation In the reciting the Ecclesiastical Laws made by the Kings and Queens of this Realm we shall observe three periods viz. The Ecclesiastical Laws made by the Kings of England before the Conquest The Laws made by the Conqueror and subsequent Kings until Henry the Eighth And lastly the Laws made by him and the Kings and Queens after him until the end of King Charls his Reign Note good Reader that in the reciting of these Laws I do not affirm that these Laws made by the Kings of this Realm did never incroach upon that Ghostly power which our Saviour by Divine positive institution left only to his Church and therefore make no construction upon them but only when they are recited and objected as Authorities against that Power My designe is to shew having already demonstrated that by the Law of Nature the persons of all Subjects born in the dominion of rightful Kings are their natural Subjects which is an indelible character and can never be washed out and therefore Subjects being Ecclesiastical persons cannot free them from it And that all priviledges and endowments which Ecclesiastical persons enjoy besides their ghostly power is created by the King That the exercise of the Kings power over the persons and possessions of Ecclesiasticks as also Laws made by them for the order and preservation of the extern peace of the Church is no new thing as hath been by some objected THE FIFTH BOOK CHAP. I. How far the Kings Popes and Bishops of England have exercised their Spiritual Jurisdiction in England before Henry the Eighth IT cannot sure be reasonably denied Apology by any man but that Ignorance is the mother of all Error nor is any man better in any kind whatsoever for being innurtured or ignorant We daily see no where more feuds If learning or knowledge were the cause of dissentions or distractions how then comes it to pass that all dissentions are determined by learned and knowing men or else they would be endless and dissentions then among ignorant and mean men which were there not Laws to decide their difference would be endless and Mankind left in a worse condition then any other creatures Nor is Education and Learning any cause of the dissentions and debates which arise among learned and better educated men but some internal cause proceeding from pride or some other appetitions or affection in them And though Education and Learning does not totally alter mens natures from bad to good yet does it soften mens manners and makes them not to be so bruitish as those who are destitute of Learning and Civil breeding For Didicisse fideliter Artes Emollit mores nec sinit esse feros It is true indeed that in that state in which God hath placed all men here they do not see all things truly but men are and always were and will be subject to humane error and frailty and in many things notwithstanding all the arts and helps which can be devised men will never be reconciled But that men should therefore condemn all Science and Learning is like to a man that if he sees and hears not all things distinctly and clearly although it may be he sees and hears well enough to do things which are necessary for his conservation that therefore he will put out his eyes and have his ears always stopped Nor shall ever ignorance of any mans duty totally excuse him for his not observance of Laws be they Divine or Humane Nor shall the blind belief of Subjects in their Superiors whether Ecclesiastical or Temporal ever totally excuse them from those things which are due and they believe that they owe to God I am not so very a Hobbian as to believe that it is impossible for Supreme powers to command any thing contrary to the Law of Nature nor yet so very a Papalian as to think that the Pope is infallible Especially since it is evident that Aarons joining with the people in their idolatry did not excuse Exod. 32. the Israelites of old nor did the command of both King and Priests ever under the Old Law excuse the subject Israelites from Gods judgments upon them for their idolatry Nor is this very opinion of them in the Church of Rome of the Popes infallibility believed by themselves however urged against others who are not of her communion For then were not only General Councils supervacaneous and useless things but also there could be no difference among them which is superior a Pope or General Council Nor do they less deny it in their practice then their opinion For when Sixtus Quintus had excommunicated 9 Sept. 1585. the King of Navar and Prince of Conde and as he affirmed made them uncapable of succession to the French Monarchy yet were most part of the French troubled at it doubting the Priviledges of the Gallic Church would be trodden under foot which they needed not have doubted or feared if they had believed the Pope to have been infallible and all the Parliament of Paris who were all of the Church of Rome desired the King Henry the Third to have the Bull torne in pieces as you may read Davila 575. And the Parliaments of Chalons and Tours did not only decree the Bull of Gregory 14. to the Prelates and Catholiques of the Kings party under pain of Excommunication of being deprived of their Dignities and Benefices and of being used as Hereticks and Sectaries that within a certain time they should withdraw themselves from those places that yielded obedience to Henry of Bourbon and from the union and fellowship of his Faction to be publikely burnt but it was so far rejected and scorned by the very Prelates and all other Catholiques of the Kings party that it did extreamly confirm them all in the Kings obedience being before unsetled and inclining to the Cardinal of Bourbons faction as you may read more at large in the Twelfth book of Davila's History But it may be they will say That this was not in matter of Faith and that the Popes infallibility is affixed to Faith
Yet this can be no objection by those men who ascribe all infallibility to the Pope and that all his Acts and Decrees are to be received and obeyed by an implicite faith as Divine oracles Well but suppose these determinations of the Pope were not concerning matters of Faith as no doubt they were not then how comes the Pope because he is infallible in the Faith that he takes upon him to be Judge and Determiner of those things which no ways appertain to it but are as much where Christianity is not planted as where it is Object Yet it will be objected That if the Church be not Judge of what conduceth to the peace and safety of the Kingdom and Church then who shall and so farewell to all Government and peace in Church or State But before I answer this Quaere I would be resolved one Question or two Who shall be Judge whether the Pope or a General Council be superior Who shall judge whether in any Determination of the Popes it be concerning matter of Faith or not or whether it be determined in Gathedra or not In the many Schismes of the Papacy who should judg who was the true Pope or who shall judg whether Alexander the tenth be now the true Pope or who ever gave the Cardinals who were an humane institution many hundred years after our Saviour this power of Election of the Pope that whosoever they should so elect should be universal Bishop and St. Peters successor Although I might justly insist hereupon nor can these things upon these mens principles who maintain the Popes infallibility at least in my understanding be solved and so are they for all their boast of unity among themselves in as much confusion and dissention even in their very principles as other men yet am not I ashamed to give an account of my obedience both to my Church and King Answer I say that God hath made man a sociable intellectual and reasonable creature and endewed him with an immortal soule potentially capable of eternal happiness Nor will God be served by man having so made him only by a base servile feare and without the intellectual and rational faculties of the soule and therefore has engraven by nature in the heart of every man certain rules by which he is to direct his actions which are the first principles and foundations upon which I honor my Parents King and them who are set over me for my direction in order to my eternal good And although that out of the Church and not being preserved by humane Laws I can neither hope for safety in this world nor salvation in the world to come yet who he is from whom all humane Laws are derived or what is the Church in which I must hope for salvation there is no visible Judge under Heaven but only mens consciences to direct them viz. those directions which God either by nature has given to men or revealed supernaturally in the Scriptures Nor does a mans conscience thus informed leave him after it be informed who it is from whom he ought to expect protection and to whom he owes his obedience as well spirituall as temporal for though there be no visible means for men to hope for peace in Church or State yet does it not follow that by all men all things which may be commanded for the Laws of the Church and State are to be observed as the Laws of Church and State as if the Church command men to worship Images or any creature for the Creator which under the old Law it many times did nor do I understand how it can be excused in the Church of Rome or if men be commanded by higher powers immoral things as to dishonor them or their Parents or whenas temporal powers command things plainly derogatory to the ghostly power of the Church or the Church commands things contrary to the duty men owe to their King and Country which we daily see both the one and the other do which makes some men in their passion ultimately resolve their Temporal and Ecclesiastical obedience into the Church others into the secular power and many deny all obedience to either and set up themselves or something else in stead of either But though mens affections carrie them several waies yet ought not all reason therefore and conscience to forsake all men for although I ought not to judge either King or Church if they command any thing they ought not yet have I and every man else a conscience to direct them whether I ought to do all things whatsoever commanded by King or Church Nor ought men to be frighted out of their consciences viz. the Law of God by nature informing them or his Law supernaturally revealed by his grace directing them because a perverse company of Schismatical and seditious men have abused all Temporal and Ecclesiastical Laws and Powers by pretending conscience Nor will a blind obedience in all things to the Church of Rome cause unity and peace among Christians although it be so much magnified by them for let any man read the lives of H. 4. 5. 6. and 7. and Frederick 1. and 2. Emperors whenas the whole Empire was of the Roman Catholick Religion and see if ever greater broyles were in the Christian World and let them judge whether Obedience to the Popes by so great a part of the Empire were not the cause of them or whether all the Wars in Christendom caused by Boniface the eight and Julius the second were not against Christians in the communion and form of the Church of Rome But where secular or ecclesiastical Laws do plainly command things not plainly derogatory to Gods Law for where they do God is in all things to be obeyed before man so as it is doubtful whether they do repugne Gods Law or not then certainly the best way is to submit to them for a mans conscience wrong informed does not excuse him from any Article of his duty and if it may be the Laws do repugne Gods Law it may be they do not and in controverted and doubtful cases the Law is alwaies presumed to be on the Governors part Nor shall any mans conscience ever excuse him if the Laws either of Church or Country do command things repugnant to Gods word from the duty and obedience he owes to them in all things where they do not repugne it Nor does it free any man from his subjection to higher power but where he cannot submit he ought to suffer And no question that where two evils unavoidable happen the least is to be taken as if a man in the communion of the Church of Rome be reduced to that necessity of simply conforming himself to all things used in the Church of Rome although his conscience cannot digest many things or be excluded out of the visible Church of Christ he had better be of such a Church then of none at all Sure God never affixt such infallibility to men how great or good soever
Before all things they propounded one God to be devoutly and holily worshiped and that there should be no Heathen worship c. Therefore they first decree that the peace of the Church be kept within Cap. 1 the walls holily and inviolably and also that tranquillity which is delivered into the Kings hand Furthermore if any man shall renounce the Christian faith so as by words or deeds he advance the Heathen worship he shall forfeit the price of his head or the punishment of the Law according to the offence If a man entred Religion or bound to God by promise steal or fight or forswear or commit adultery he shall forfeit the price of his head or suffer punishment for transgressing of the Law according to the nature of the crime at least he shall satisfie God according to the rules of the Church and be cast into prison if he cannot find Sureties If a Priest upon Feasting-days or Fasting-days shall go astray if it be among Englishmen let him be fined thirty shillings but if it happen among the Danes let him pay half a mark If a Mass-priest upon appointed days provide not Oil or deny Baptism as the use is among the English let him be fined and with the Danes the breach of the Law is twelve * * Quaere the value of an Oran Oran If any man of Religion commit any thing worthy of death let him be taken and held to the Bishops judgment Of Incest Furthermore it seemed good to the wise men that of men guilty of Incest the King shall have the higher and the Bishop the lower unless he shall abundantly make recompence to God and men and shall perform what is enjoined them by the Bishop If two brethren or two of the same alliance commit fornication with the same wife let them be fined the value of their head or be punished for the transgression of the Law according as is meet and as the crime deserves If a man condemned to death desires ingenuously to confess his sins to a Priest let it be granted him And let all men Gods laws so follow that they obtain Gods mercy and be acquitted of wise men If a Dane pay not his Tythes let him undergo the punishment of the breach of the Law let an Englishman be fined If a Dane withhold what is due to Rome let him be punished for the breach of the Law let an Englishman be fined If any Dane pay not to the Candles let him be punished for breach of the Law let an Englishman be fined If a Dane shall not pay the just Alms of the Plough let him be punished for breach of the ãâã ãâã ãâã ãâã ãâã Law let an Englishman be fined If a Dane shall suppress or retain any Divine Laws or Duties let him be punished for breach of the Law let an Englishman be fined If any man wilfully wound another offering Divine service let him be guilty of death but if he shall die let him be outlawed and all Ministers of Justice apprehend him hurt or unwilling And if it were his fault that he was stricken or did against Gods law or resisted the King if a man so flatter himself let him be without recompence or as we say he has the means in his own hands Of working on Holidays If a Dane sell any thing upon Sunday let him forfeit the thing and twelve Ora's an Englishman thirty shillings If a Freeman do any work upon an Holiday let him forfeit his freedom or be fined and punished for breach of the Law let a Servant be beaten or be made to fear being beaten If a Dane shall make his Servant work upon a Holiday let him be punished for breach of the Law and an Englishman be fined Laws Ecclesiastical made by King Aethelstan Who began to reign in the year of our Lord 924. I Aethelstan King by the prudent counsel of Walshelmes mine Archbishop and other my Bishops command all Governors that are in my Government in the name of God and all his Saints and for their good will towards them that before all things they pay just Tythes as well out of our property as the duties of living creatures and fruits of the earth and that all Bishops Ealdermen and Sheriffs do the same thing And I will that my Bishops and Sheriffs who sit in judgment upon other men that they observe this rule and that they finish all these things upon the day we have appointed viz. the Anniversary of S. John Baptist beheaded Further when we think with our self what the most excellent Father Jacob said to God I will offer my tythes and a peace-offering to thee and what the Lord spake in the Gospel To the all-having man shall be given and he shall abound We moreover may think on those things which are so terribly written in this very book If you will not pay your tythes giving us only the tenth part the nine parts shall be taken from you Also we are admonished that Heavenly things are more excellent then Earthly and eternal things then our frail bodies Whensoever therefore ye hear what the Lord commands and what we ought to follow those things only I would have you to do which you can justly and lawfully prepare Of Church-breaking Cap. 5. Concerning the Ordal see Versteg an Seld. annal Anglo lib. 2. cap. 8. and Lamberts pref Saxon laws Cap. 23. And we command concerning Church-breaking if he be a man of the threefold * Ordal let him give satisfaction as is rehearsed in the Judgment-book Of them willing to undergo the Ordal If any man will undergo the Ordal then let him come three days before the Mass-priest hallow it and feed himself with bread and salt and water and worts before he go to Trial and let him go to Mass every day and The trial of the Ordal was either to be soused over head and ears in cold water or to thrust his hand a cubit deep into boiling hot water or to go barefoot or hold a burning hot iron in the Triers hand If they neither shak'd the rope to be pulled out of the water nor burned nor scalded their hands or feet they were acquited offer his gift and upon the day he shall undergo the Ordal let him take the Eucharist and swear that he is innocent and knows nothing of the wickedness whereof he is accused If it be of cold Water that the Question made let him be plunged over head and ears half an ell in the water but if it be of Iron let him hold it three days before he put it out of his hand And the Accuser shall proceed to follow the oath he made before and both shall fast by the command of God and the Bishop and let there be on neither side above twelve men but if the Accused comes with more then twelve men then unless they will depart let the Ordals be void And upon each Friday let every one of Gods Ministers in every Church
like Law is according to the nature of the fact if any of these be committed upon any solemn Festival And if any one will purge let him bring a threefold purgation Of deteining the Duties of the Church by force Cap. 45. If a Dane shall resist by force any one desiring the rights or duties belonging to God let him be punished for breach of the Law An Englishman shall be assessed in a deeper mulct unless he purge himself with eleven men and be himself the twelfth man But if he wound any man let him make amends and pay a grievous mulct to the Lord and let his hands be bored through unless he shall redeem them from the Bishop But if he killed any one let him be outlawed and pursued by all Magistrates with all the harm that they lawfully may And if afterward that man so pursued be killed let it be confirmed and unpunished and no further enquired after Of a man breaking Holy Order 46. If any man violate his Order or Rule of living let him be fined according to the dignity of his Order or price of his head for punishment of the breach of the Law or forfeit all he hath Of Repairing the Church 63. All men by right ought to use their endeavor to repair the Church Of him who keeps a man Excommunicated or Outlawed 64. If any man shall unjustly keep any Fugitive from Gods law let him be restored to right and forgiven those things which did appertain to him and let him pay to the King the price of his head But if any one shall keep and hold any other excluded from the protection of Divine or Humane laws he shall endanger himself and all he hath The Conclusion of Canutus his Laws Now I beseech all men and in the name of Almighty God command every man that they be truly from their heart converted to God and with all care and diligence search out what is to be followed and what avoided And truly it does much conduce to our souls health that we love God and hold his precepts and admonitions and hear his word by his teachers For we shall bring forth these to be seen in that day wherein God shall come to give judgment upon all men according to those things they did whilst they lived And then at length shall that blessed Keeper bring the Flock committed to his charge into the Heavenly kingdom and the joys of Angels for those things which he had done in his life and also that blessed Flock follow that Pastor who hath wreathed it out of the hands of the Devil and give the gain to God And further we study that all men may so agree to please God that for the time to come we may avoid the flames of Hell-fire The Interpreters of Gods Law ought often to preach the benefit of Divine things and indeed it is their function and does much benefit all men to salvation And all men ought with a good mind diligently to hear and have Gods admonitions always fixed in their soul for their profit And lastly that every one by his words and deeds all he can holily and thankfully do well to the greater amplitude and glory of God his Lord for so at length we shall abundantly all of us obtain Gods mercy Let the name of the Lord be praised to whom be laud honor and glory for ever God Almighty be merciful to us all according to his will Amen Ecclesiastical Laws made by Good King Edovard Who began to reign Anno Salutis 1042. Of Clerks and their Possessions Cap. 2. LEt every Clerk and also Scholars and all their goods and possessions wheresoever they be enjoy the peace of God and his Church Of the Times and Dayes of the Kings Peace 3. From the coming of our Lord until eight days after Epiphany let the peace of God and his holy Church be all over our Kingdom also from Septuagesima until eight days after Easter also from the Ascension of our Lord until eight days after Whitsuntide also all the days in Ember-weeks also upon every Saturday from the ninth hour and all the day following until Munday also upon the Vigils of S. Mary S. Michael S. John the Baptist of all the Apostles and Saints whose solemnities are celebrated by Priests upon Sunday and All Saints upon the Kalends of November alwaies from the ninth houre of the Vigil and the following Solemnity Also in Parishes in which the Dedication is observed also in the Parishes of Churches where the proper Feast of the Saint is celebrated And if any one will come devoutly to the celebration of the Saint he shall enjoy peace going staying and returning Also to all Christians going to Church to pray be peace in going and returning In like manner at Dedications Synods to men coming to Chapters whether they be summoned or of themselves have any thing to do be highest peace Also if any man excommunicated flee to the Bishop for absolution let him freely in going and returning enjoy the peace of God and his Church But if any man shall do otherwise with him let the Bishop do justice therefore But if any arrogant man will not amend for the justice of the Bishop the Bishop may make the matter known to the King and the King may constrain the malefactor to make him amends whom he hath outlawed viz. first to the Bishop then to him and so they shall be two swords and the sword shall help the sword Of the Justice of the Church 4. Wheresoever the Kings Justice is or before whomsoever Pleas are holden if one sent of the Bishops coming there opens the cause of the holy Church it shall first be determined For it is just that God be every where honored before others Of all Tenents of the Church 5. Whosoever shall hold any thing of the Church or have a mansion upon the ground of the Church shall not be compelled to hold Pleas out of the Ecclesiastical Courts although he be outlawed unless which God forbid he shall have default of right in the Court Ecclesiastical Of Guilty men fleeing to the Church 6. Whosoever guilty or nocent shall flee to the Church for protection after that he hath gotten the entrance of the Church let him not be apprehended of any man pursuing him unless by the Bishop or his Minister but if in fleeing he enters into the House or Court of any Priest let him enjoy the same security and peace he should have had at the Church so as the house of the Priest and his Court stood upon the ground of the Church Here if the thief or stealer be what he hath evil gotten if it be at hand let him restore but if he hath wholly consumed it and hath wherewith to restore of his own let him make full satisfaction for the damage he brought to him who was damnified But if as is usual the Thief hath not wherewith to do it and by chance hath
have their origination from God we Introduction have already in its proper place asserted And that these Kingdoms thus created by God have periods alterations and conversions set by him which cannot be foreseen or prevented by man is certainly as cleer and evident as the former and often owned by God himself in Sacred Writ as well over his own people as others But that therefore any man or men should therefore endeavour to make alterations in Kingdoms is like to a man who becaufe all men naturally die thinks he may kill any man and father the fact upon God And if God even over his own peculiar people did for the sins of the Kings and people especially the Israelites so often convert the line of the Kings then can it not in reason be expected in this Iron and much more sinful Age that God should every where continue a fixt and certain succession of Kings according to the ordinary course of Nature viz. Primogeniture But that therefore the Pope or any other creature may arrogate to themselves a right or power superior to the Law of Nature is no less absurd then that a Son may kill his Father because all Fathers have periods set by Nature which they cannot pass And that all Subjects do by birth owe a natural subjection to rightful Princes in whose dominion they were born which relations can never be dissolved but by God himself we have in their proper places demonstrated Yet may the exercise of this power be suspended so long as such Subjects come into the power of other Princes whether it be by conquest or otherwise and do owe them a temporary obedience so long as they continue there and their posterity born in their dominions owe such Princes a natural obedience which can never be dissolved And also that since there is no other Judge under Heaven to decide the controversie of Princes but their swords which can never be alledged by any Subjects who have Laws to decide their differences such decision is good as to the exercise of any Princes power over all them who fall under ir and all Subjects born in such exercise of power or dominion become natural Subjects to any Prince who by conquest acquires the dominion of another we have also demonstrated in its proper place Yet whether it were of old that Popes did arrogate to themselves this right of deposing Temporal Princes or debarring them of their right which about this time was frequently asserted by and practised by the Popes and which Pope Alexander was pleased to confer upon the Conqueror against all Right and Law to the manifest prejudice of Eadgar Athelin let us see the Epistle of S. Eleutherius to King Lucius as it is cited in chap. 17. of S. Edovards Laws In the year from the passion of Christ 169. or 156. our Lord Eleutherius the Pope wrote to Lucius King of Britain at the Petition of the King and Peers of the Kingdom of Britain You have required of us that the Roman Laws and of Cesar be transmitted to you which you would use in the Kingdom of Britain We can always reprove the Roman Laws and those of Cesar but not at all the Law of God For ye have by Gods mercy of late received into your Kingdom of Britain the Law and Faith of Christ you have of your self in your Kingdom sufficient Authority from whence through Gods grace by the advice of your Kingdom to make a Law and by it through Gods patience you shall rule the Kingdom of Britain And you are the Vicar of God in your Kingdom according to the Kingly Prophet The earth is the Lords and the fulness of all the world and all who inhabit therein And again according to the Kingly Prophet Thou hast loved Justice and hated iniquity and therefore thy God hath anointed thee with oyl of gladness above thy fellows And again according to the Kingly Prophet God is thy Judgement c. Therefore neither the Judgement nor Justice of Cesar for they are sons of the King Christian Nations and people of the Kingdom who live under your Protection and Peace and Reign and are according to the Gospel Even as a hen gathereth her chickens under her wings c. But they are Nations and your People of the Kingdom of Britain and who divided you ought to congregate recall nourish hold with your hand protect and rule into one for concord and peace and to the Faith and to the Law of Christ and his holy Church and always to defend it from evil doers and malitious men and its enemies Wo to the Kingdom whose King is a boy and whose Princes eat together in the morning I Do not call a King because of his small and tender age but because of his folly and iniquity and rage according to the Prophet King Men of blood and deceitful shall not live out half their days c. By eating we understand the Pallat by the Pallat Luxury by Luxury all things filthy and evil according to King Solomon Wisdom shall not enter into the soul of the evil doer nor shall dwell in a body subject to sins Rex dicitur à Regendo non à Regno A King thou shalt be so long as thou rulest well which thing if thou wilt not do the name of King shall not remain in thee and thou shalt lose the name of King which God forbid God Almighty grant to you so to Rule your Kingdom of Britain that you may Reign with him for ever whose Vicar you are in the Kingdom aforesaid who with the Father and Son c. Of the Right and Ecclesiastical freedom of Asylum's Cap. 1. That is to say Peace to the holy Church Of whatsoever forfeiture any one is guilty this time and he can come to the holy Church let him have peace of life and member and if any one hath set his hand against that which the Mother-Church shall require whether it be an Abby or Church of Religion let him restore that which he hath taken out and one hundred shillings for forfeiture and concerning the Mother-Parish-Church twenty shillings and concerning a Chappel ten shillings And according to the peace of the King in the Laws of the Mercians he shall make amends with En perchenâlaâ one hundred shillings accordingly as of Heinefare and prepensed lying in wait Of Peter-pence or Romescot Cap. 18. A Freeman who hath Field-Beasts valued at thirty pence shall pay a Peter-peny For four pence which the Lord shall give all his Borderers and his Boner and his Servants be quit A Burger who hath of his proper goods so much as shall be esteemed half a Mark let him pay a Peter-peny He who in the Law of the Danes is a Free-man and hath field-cattel which are valued worth half a Mark in silver ought to give a peny to St. Peter and for that peny shall all be quit who reside in his Demains Of them who do not pay the Roman
of the Commons Lawes of this Land yet a great assertor of them and in disgrace with him would oftentimes affirm that there was no time whenever he could speak reason but the King would hear him With the reputation of these virtues he governed these Islands in greater peace then posbly in the ordinary nature of things could be expected In the 3. year of his Reign viz. Anno Dom. 1605. was a most hainous and The cause of the many Laws made against Popish Recusants vile attempt intended not only against the very Person of the King but even of his Posterity which had not advanced the designe of the conspirators and the Church and all the Nobility not of their faction with the Commons in Parliament assembled And the conspirators had proceeded so far that they had not only made provision to have effected their purpose and intended the fifth of November being the day for the convention of the Parliament after their Proroguement and therefore probably expecting not only a more then usuall convention both of the Lords and Gentry but even of the King himself to have blown up the Parliament House But the designe being as foolish as desperate was discovered the night before it should have been executed although it is thought that it was known even to the King himself and the Earl of Salisbury before as by accident and so had no other effect then what the conspirators might reasonably have expected had it succeeded viz. ruine to themselves for their faction being so very few in proportion to the rest of the Nation and without either money Forts or Army in reason they could not have done any thing considerable in order to their further designes and severe Lawes against all which might be suspected to be of their faction to prevent any such further attempts It is true where Tacitus observes that the conspiracies of Subjects where His defects and frailties they succeed not doe advance the Soveraignty and verefied in this attempt of the Gunpowder-Treason for how many Lawes were that Parliament and afterward enacted against all Popish Recusants we have before shewed yet so it happened and so usually happens when not carefully minded by Princes that another faction far more formidable both to King and Church openly pretending assistance to the King and Church in persecuting this faction secretly acquired strength to themselves in so doing Nor was this unseen by this wise King being naturally a greater enemy to the Faction persecuting the persecuted but either not having that magnanimity which is so requisite in a Soveraign or apprehending he had not means sufficient to goe through he neglected to apply such medicines as were necessary to the curing of this Gangrene so dilating it self both in Church Court and State but desiring Peace especially at home although almost upon any termes he rather sought to repell the breaking out of Puritanisme during his Reign then to eradicate it for the future Add hereunto that being excessively addicted to Hunting and not greatly loving the Common Lawes and finding it impossible to govern this Nation otherwise and minding controversies in Divinity more than the management of his temporall affaires and though free from Sacriledge and Corruption in his person yet carelesse of it in his Favourites and Countrymen and nothing so prudent a Manager of the Revenues of the Crown as his Predecessor whereby being forced to recede from many of his Regalities the Reins of Government both in Church and State became so loose that in the ordinary nature of things it was very difficult they should be reassumed by his Successor Ecclesiasticall Laws made by King Charles THere were some few Lawes made against Interludes c. on the Lords day and 10. groats penalty for offence to be levied by Justices and Constables which a man may read in the first Car. 1. 3 Car. 1. There had never in any time been before this Kings Reign so long Peace The state of the Church State in the beginning of K. Charles his Reign viz. for neer 80 years in this Nation as in the beginning of his Reign but neither doth peace make mens minds peaceable nor were things otherwise well disposed for the continuance of it for not only the zealous and obsequious duty which the Subjects paid to the Royall name in the person of Queen Elizabeth was quite dead and almost forgotten the great wisedome and learning of his Father not to be hoped for in the tender years of the Son the Exchequer without money and yet the King engaged in a Warre against the Spaniard for recovery of the Palatinate but the Puritan Faction which Queen Elizabeth desired so much to suppresse and so much hated by his Father was grown so farre up in Church State and Court that in all they were far more numerous both in England and Scotland and all forein Plantations then all his other Subjects Nor was the condition of Ireland better for not only the Protestant party were jarring among themselves but the Popish intent upon their destruction which after they did execute in a terrible manner To these may be added the government both in Church and State so neglected that the exercise of any Lawes to reduce them to conformity would be imputed to have been Innovations and Tyranny The Kings Councell either uncapable of giving counsell or not faithfull to their Prince Nor was there any thing left to oppose all these growing calamities but the hopefull virtues of a young Prince unacquainted in Temporall affaires and a stranger to all worldly calamities which are of no more power to protect him against seditious and rebellious Subjects then the Lawes of God and all which may be called sacred will retain men in obedience where they are not restrained by a present coercive power But these stormes which after brought this Saintlike Prince and this wofull Church State to so lamentable a condition as they lately lay under did not breake out in the very beginning of his Reign but in all three Nations did gather into such black clouds in all his reigne that almost at once breaking forth in such a terrible Tempest as upon the matter it so overwhelmed King Church and Government that there was scarce any footsteps of them left I had here designed to have inserted a short History of the chiefe occurrences of his Reigne and by what degrees this saint-like Prince became a victim to the rage and lust of his seditious subjects and have the papers now by me but in regard it must needs rub soares which may rather in their tendernesse anger then ease them and also because the History of his life hath been by others more fully written but most of all because it is his Majesties pleasure to have the memory of things rather buried in oblivion then renued I shall forbeare and doe no more then give the description of him and shew the consequence of his calamities The Description of King
the Scots no whit edified by his concessions the next year upon no cause given by the King they not only arm but enter the Nation in open hostility from his granting them their concessions the English Faction urge his granting all things how dishonourable soever even to the shedding of humane blood nor would they have stayed there had not the Kings utmost necessities put him upon other resolutions of seeking his preservation otherwaies then by granting all the exercise of the Militia and Regalities to those men who made so bad use of his precedent benefits and favours Machivel in the 26. chap. lib. 1. de repub advises every new Prince that The Kings cause was most prudent as well as just unjustly possesses the City or Region of another that by how much he understands himself more weak to conserve his Empire either by lawfull ruling or by instituting a free Common-wealth by so much the more he intends this only that as he is a new Prince so in his Principality he does innovate all things that he create new Magistrates marked by new names and to them he choose new men that he distribute the goods of the rich to poor men and make them rich And as it is reported of King David so it may be said of him He hath filled the hungry with good things and the rich he hath sent empty away c. and the reason he gives is that no man in his Region that holds any thing but must confesse he obtained it of the Prince But if he be so great at policy in Princes who unjustly possesse anothers right to innovate all things then in reason besides the justness of it there can be no greater prudence in Princes who reign by inherent birth-right and to the wrong and prejudice of no man to rule and govern by the old received and established Lawes of the Nation to innovate nothing where there is no apparent necessity neither in Church or State in Lawes or Religion yet who hath not seen the most Saintlike and Glorious Monarch of the Western World whose right was derived from innumerable ancestors nor was there upon the face of the earth any one that could make any colourable pretence of right to his Crown prosecuted arraigned condemned and executed by his own naturall Subjects and his Queen and Posterity banished for no other reason but because he did endeavour to have governed and protected them by the known and established Lawes of the Nation So little avails the skilfulness of the Pilot how good great or just soever if the wind of divine favour wherewith eternall providence governs mortall affaires help not to bring our actions to their desired Port Sir Edward Coke in the Pleas of the Crown Cap. Petty Treason prop. sin A short view upon the 3. Nations since they cast off their obedience observes that in perusall of all books Histories and Records it was never found that Treason did ever attain the desired end but did alwayes prove fatall destructive to the undertakers Let any man but see Gods judgments upon the Kirkmen of Scotland and the Roman Catholicks of Ireland if they be not either vagabonds abroad or the most miserable slaves in the world at home for although it so pleased the divine providence that their iniquities prevailed against the King yet did the divine vengeance overtake them by a third faction so new contemptible and obscure that it was not only in their undertaking not feared but in the beginning never heard of in the world It is true indeed the English Presbyterians who had most basely accepted a canting thing called the Covenant from the Kirkmen of Scotland and as injuriously imposed it upon their fellow Subjects have not been so highly chastised in the generall by them as they in Scotland the Roman Catholicks in Ireland have yet were they so far from attaining their ends that since all this Nation abounded with factions that was the most hated and despised by all other Nor were the other Factions much more reconciled and true to one another then to the Presbyterians for the Army commanded by Oliver Cromwell turned out the Rump of the Long Parliament which headed the Independent party and after Cromwells death the Army receives the Rump and displaces his posterity and surely in this world is not to be found in any family so many and so great distractions and dissentions as were in the late Protectors nor did the Rump of the late Long Parliament maintain their long fought for and new restored Dominions but were rejected by those creatures that did restore them with very small hopes of ever attaining to it again Yet did the Rump after reassume their supremacy and proceeded as high and arrogantly as if they had never done wrong but suffered all injustice and wrong by their interruption when not only the Treasure of this Nation was exhausted and all Crown Church and Delinquents Lands and Compositions converted and consumed but the whole traffique of the Nation interrupted and destroyed And if it were so dangerous a thing to a Nation for one Faction to be formidable in Church or State how dangerous was it where there is no visible Church and nothing but Factions in all the State Although man by nature be a sociable creature and men do and ever did since there were any records of time live in society by right or usurpation to something superior to either the Fathers or Masters Power yet since the exercise of all power is politique humane or voluntary and therefore divers Princes govern by divers Lawes as they sort with the natures and dispositions of their Subjects and not only so but all Princes govern their own Subjects by differing Lawes according to their site and nature of their Subjects for it were a most unreasonable thing that the same Lawes should be imposed upon Mediterrane places where are observed in Maritime or that the Laws and Usages of the City of London should be required to be observed in every Country Village c. And since that some Nations doe almost without contradiction upon all occasions obey the Lawes of their Princes with out dispute as the Muscovites Armenians Persian Indians c. others scarce ever unlesse they be governed by their ancient received Laws ordinarily in extraordinary cases by Laws passed in some publick Assemblies as the Germans Swedes Polanders and Danes others are governed peaceably by their ancient received Laws in the usuall administration of Justice and in extraordinary cases doe admit of new ones having them rarely passed in publick Conventions such are the Italians Spaniards and French and this doth not proceed from any abject baseness or meanness of spirit for in the world are no where found men more generous and valiant And some are rarely governed long in peace although governed by old Lawes ordinarily and the consent of the major part of the Freeholders as they conceive by their representatives in passing new ones as
to be only ab exercitio which make not only all Lawes of Nature but the Ghostly power ordained by Christ in the Scriptures instrumentall and subservient to it and by consequence all Lawes of Nature and Divine Institution in the Scriptures to be subservient to this voluntary creature of a creature this do or dedi not dabo or faciam from whence it must necessarily follow that not only every man who hath not entred into the civil part is neither subject to the Law of Nature or what God commands in the Scriptures but every man who hath may make himself free from them when he will if that rule be true as it is cujus est velle ejus est nolle unumquodque dissolvi potest eo ligamine quo ligatum est And these are the excellent foundations upon which the body de cive is builded or if they be not Master Hobbs may deny any of them if he please Reader these observations and Elements were designed to have come forth some moneths sooner then now which in regard of the slownesse of the presse I could not accomplish and many of the sheets were printed off before the restauration of his Majesty wherein the calamity of this Nation are mentioned and wherein I have endeavored to demonstrate that there was no visible meanes under heaven to cure them but his Majesties restitution If in endeavoring to shew that the originall causes of our distempers were as unjust as the continuance of them I have rubbed some sores which are not convenient to be touched at this time I say that it is impossible for any man to cure any malady who first doth not inquire into the causes and those were printed off in our distractions and discomposures If any thing herein may conduce to the glory of God the good and Peace of my native Country as either advancing the Christian Religion or the Peace and Prosperity of it I shall give God the glory and thus far account my selfe a happy man that I have not only lived to my selfe but imployed my time in some measure to the benefit of other men Et Pergrata Deus nobis haec otia fecit Optimus est Patriae jura referre labor I Have made no Index conceiving the Contents of the Chapters and Heads of the Paragraphs to be sufficient for a Treatise of this nature but in regard of the ordinary failures of the presse which encreased by my absence in the Country the Reader is desired to correct these faults before he begin ERRATA so correct other smaller faults of literall errors and pointing the Readers candour may passe over PReface ob line 15. for equally moderately read equally and moderately By what means c. Parag. 25. l. 3. dele to Obser pag. 5. ground 3. for ground read beliefe Obser pag. 20. last line but 3. chief govenment read chief men government p. 30. l. 28. for any Bishops r. any other Bishops p. 47. l. 8. for Legall r. Regall p. 52. margin for 512. place 768. Appa pag. 3. l. 20. for brood r. breed p. 4. l. 10. for to direct r. so direct Ele. p. 34. l. 7. for the essentiall r. and the essentiall p. 16. l. 22. for ãâã ãâã ãâã ãâã ãâã r. ãâã ãâã ãâã ãâã ãâã p. 31. para 14 l. 4. for to them r. to it Para. 19. p. 41. l. penult dele Henry 4. Title Para. 15. p. 49. dele and read wherein consists the perfection of Government pag. 57. para 3. l. 5. for Silus r. Silius P. 58. margin for ãâã ãâã ãâã ãâã ãâã r. ãâã ãâã ãâã ãâã ãâã pag. 60. para 10. l. 2. for cap. r. cap 2. pap 106 l. 2. for all r. are pag. 35. dele of fact FINIS