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A43998 Leviathan, or, The matter, forme, and power of a common wealth, ecclesiasticall and civil by Thomas Hobbes ...; Leviathan Hobbes, Thomas, 1588-1679. 1651 (1651) Wing H2246; ESTC R17253 438,804 412

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and the Gospels and Epistles of the New Testament have had one and the same scope to convert men to the obedience of God 1. in Moses and the Priests 2. in the man Christ and 3. in the Apostles and the successors to Apostolicall power For these three at several times did represent the person of God Moses and his successors the High Priests and Kings of Judah in the Old Testament Christ himself in the time he lived on earth and the Apostles and their successors from the day of Pentecost when the Holy Ghost descended on them to this day It is a question much disputed between the divers sects of Christian Religion From whence the Scriptures derive their Authority which question is also propounded sometimes in other terms as How wee know them to be the Word of God or Why we b●…leeve them to be so And the difficulty of resolving it ariseth chiefly from the impropernesse of the words wherein the question it self is couched For it is beleeved on all hands that the first and originall Author of them is God and consequently the question disputed is not that Again it is manifest that none can know they are Gods Word though all true Christians beleeve it but those to whom God himself hath revealed it supernaturally and therefore the question is not rightly moved of our Know edge of it Lastly when the question is propounded of our Beleefe because some are moved to beleeve for one and others for other reasons there can be rendred no one generall answer for them all The question truly stated is By what Authority they are made Law As far as they differ not from the Laws of Nature there is no doubt but they are the Law of God and carry their Authority with them legible to all men that have the use of naturall reason but this is no other Authority then that of all other Morall Doctrine consonant to Reason the Dictates whereof are Laws not made but Eternall If they be made Law by God himselfe they are of the nature of written Law which are Laws to them only to whom God hath so sufficiently published them as no man can excuse himself by saying he knew not they were his He therefore to whom God hath not supernaturally revealed that they are his nor that those that published them were sent by him is not obliged to obey them by any Authority but his whose Commands have already the force of Laws that is to say by any other Authority then that of the Common-wealth residing in the Soveraign who only has the Legislative power Again if it be not the Legislative Authority of the Common-wealth that giveth them the force of Laws it must bee some other Authority derived from God either private or publique if private it obliges onely him to whom in particular God hath been pleased to reveale it For if every man should be obliged to take for Gods Law what particular men on pretence of private Inspiration or Revelation should obtrude upon him in such a number of men that out of pride and ignorance take their own Dreams and extravagant Fancies and Madnesse for testimonies of Gods Spirit or out of ambition pretend to such Divine testimonies falsely and contrary to their own consciences it were impossible that any Divine Law should be acknowledged If publique it is the Authority of the Common-wealth or of the Church But the Church if it be one person is the same thing with a Common-wealth of Christians called a Common-wealth because it consisteth of men united in one person their Soveraign and a Church because it consisteth in Christian men united in one Christian Soveraign But if the Church be not one person then it hath no authority at all it can neither command nor doe any action at all nor is capable of having any power or right to any thing nor has any Will Reason nor Voice for all these qualities are personall Now if the whole number of Christians be not contained in one Common-wealth they are not one person nor is there an Universall Church that hath any authority over them and therefore the Scriptures are not made Laws by the Universall Church or if it bee one Common-wealth then all Christian Monarchs and States are private persons and subject to bee judged deposed and punished by an Universall Soveraigne of all Christendome So that the question of the Authority of the Scriptures is reduced to this Whether Christian Kings and the Soveraigne Assemblies in Christian Common-wealths be absolute in their own Territories immediately under God or subject to one Vicar of Christ constituted of the Vniversall Church to bee judged condemned deposed and put to death as hee shall think expedient or necessary for the common good Which question cannot bee resolved without a more particular consideration of the Kingdome of God from whence also wee are to judge of the Authority of Interpreting the Scripture For whosoever hath a lawfull power over any Writing to make it Law hath the power also to approve or disapprove the interpretation of the same CHAP. XXXIV Of the Signification of SPIRIT ANGEL and INSPIRATION in the Books of Holy Scripture SEeing the foundation of all true Ratiocination is the constant Signification of words which in the Doctrine following dependeth not as in naturall science on the Will of the Writer nor as in common conversation on vulgar use but on the sense they carry in the Scripture It is necessary before I proceed any further to determine out of the Bible the meaning of such words as by their ambiguity may render what I am to inferre upon them obscure or disputable I will begin with the words BODY and SPIRIT which in the language of the Schools are termed Substances Corporeall and Incorporeall The Word Body in the most generall acceptation signifieth that which filleth or occupyeth some certain room or imagined place and dependeth not on the imagination but is a reall part of that we call the Vniverse For the Vniverse being the Aggregate of all Bodies there is no reall part thereof that is not also Body nor any thing properly a Body that is not also part of that Aggregate of all Bodies the Vniverse The same also because Bodies are subject to change that is to say to variety of apparence to the sense of living creatures is called Substance that is to say Subject to various accidents as sometimes to be Moved sometimes to stand Still and to seem to our senses sometimes Hot sometimes Cold sometimes of one Colour Smel Tast or Sound somtimes of another And this diversity of Seeming produced by the diversity of the operatiō of bodies on the organs of our sense we attribute to alterations of the Bodies that operate call them Accidents of those Bodies And according to this acceptation of the word Substance and Body signifie the same thing and therefore Substance incorporeall are words which when they are joined together destroy one another as if
very diligently in all times Afterwards men made use of the same word metaphorically for the knowledge of their own secret facts and secret thoughts and therefore it is Rhetorically said that the Conscience is a thousand witnesses And last of all men vehemently in love with their own new opinions though never so absurd and obstinately bent to maintain them gave those their opinions also that reverenced name of Conscience as if they would have it seem unlawfull to change or speak against them and so pretend to know they are true when they know at most but that they think so When a mans Discourse beginneth not at Definitions it beginneth either at some other contemplation of his own and then it is still called Opinion Or it beginneth at some saying of another of whose ability to know the truth and of whose honesty in not deceiving he doubteth not and then the Discourse is not so much concerning the Thing as the Person And the Resolution is called BELEEFE and FAITH Faith in the man Beleefe both of the man and of the truth of what he sayes So that in Beleefe are two opinions one of the saying of the man the other of his vertue To have faith in or trust 〈◊〉 or beleeve a man signifie the same thing namely an opinion of the veracity of the man But to beleeve what is said signifieth onely an opinion of the truth of the saying But wee are to observe that this Phrase I beleeve in as also the Latine Credo in and the Greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 are never used but in the writings of Divines In stead of them in other writings are put I beleeve him I trust him I have faith in him I rely on him and in Latin Credo illi fido illi and in Greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and that this singularity of the Ecclesiastique use of the word hath raised many disputes about the right object of the Christian Faith But by Beleeving in as it is in the Creed is meant not trust in the Person but Confession and acknowledgement of the Doctrine For not onely Christians but all manner of men do so believe in God as to hold all for truth they heare him say whether they understand it or not which is all the Faith and trust can possibly be had in any person whatsoever But they do not all believe the Doctrine of the Creed From whence we may inferre that when wee believe any saying whatsoever it be to be true from arguments taken not from the thing it selfe or from the principles of naturall Reason but from the Authority and good opinion wee have of him that hath sayd it then is the speaker or person we believe in or trust in and whose word we take the object of our Faith and the Honour done in Believing is done to him onely And consequently when wee Believe that the Scriptures are the word of God having no immediate revelation from God himselfe our Beleefe Faith and Trust is in the Church whose word we take and acquiesce therein And they that believe that which a Prophet relates unto them in the name of God take the word of the Prophet do honour to him and in him trust and believe touching the truth of what he relateth whether he be a true or a false Prophet And so it is also with all other History For if I should not believe all that is written by Historians of the glorious acts of Alexander or Caesar I do not think the Ghost of Alexander or Caesar had any just cause to be offended or any body else but the Historian If Livy say the Gods made once a Cow speak and we believe it not wee distrust not God therein but Livy So that it is evident that whatsoever we believe upon no other reason then what is drawn from authority of men onely and their writings whether they be sent from God or not is Faith in men onely CHAP. VIII Of the VERTUES commonly called INTELLECTUALL and their contrary DEFECTS VERTUE generally in all sorts of subjects is somewhat that is valued for eminence and consisteth in comparison For if all things were equally in all men nothing would be prized And by Vertues INTELLECTUALL are alwayes understood such abilityes of the mind as men praise value and desire should be in themselves and go commonly under the name of a good witte though the same word Witte be used also to distinguish one certain ability from the rest These Vertues are of two sorts Naturall and Acquired By Naturall I mean not that which a man hath from his Birth for that is nothing else but Sense wherein men differ so little one from another and from brute Beasts as it is not to be reckoned amongst Vertues But I mean that Witte which is gotten by Use onely and Experience without Method Culture or Instruction This NATURALL WITTE consisteth principally in two things Celerity of Imagining that is swift succession of one thought to another and steddy direction to some approved end On the Contrary a slow Imagination maketh that Defect or fault of the mind which is commonly called DULNESSE Stupidity and sometimes by other names that signifie slownesse of motion or difficulty to be moved And this difference of quicknesse is caused by the difference of mens passions that love and dislike some one thing some another and therefore some mens thoughts run one way some another and are held to and observe differently the things that passe through their imagination And whereas in this succession of mens thoughts there is nothing to observe in the things they think on but either in what they be like one another or in what they be unlike or what they serve for or how they serve to such a purpose Those that observe their similitudes in case they be such as are but rarely observed by others are sayd to have a Good Wit by which in this occasion is meant a Good Fancy But they that observe their differences and dissimilitudes which is called Distinguishing and Discerning and Judging between thing and thing in case such discerning be not easie are said to have a good Judgement and particularly in matter of conversation and businesse wherein times places and persons are to be discerned this Vertue is called DISCRETION The former that is Fancy without the help of Judgement is not commended as a Vertue but the later which is Judgement and Discretion is commended for it selfe without the help of Fancy Besides the Discretion of times places and persons necessary to a good Fancy there is required also an often application of his thoughts to their End that is to say to some use to be made of them This done he that hath this Vertue will be easily fitted with similitudes that will please not onely by illustration of his discourse and adorning it with new and apt metaphors but also by the rarity of their invention But without Steddinesse and
as acquired by Lot It is also a Law of Nature That all men that mediate Peace be allowed safe Conduct For the Law that commandeth Peace as the End commandeth Intercession as the Means and to Intercession the Means is safe Conduct And because though men be never so willing to observe these Lawes there may neverthelesse arise questions concerning a mans action First whether it were done or not done Secondly if done whether against the Law or not against the Law the former whereof is called a question Of Fact the later a question Of Right therefore unlesse the parties to the question Covenant mutually to stand to the sentence of another they are as farre from Peace as ever This other to whose Sentence they submit is called an ARBITRATOR And therefore it is of the Law of Nature That they that are at controversie submit their Right to the judgement of an Arbitrator And seeing every man is presumed to do all things in order to his own benefit no man is a fit Arbitrator in his own cause and if he were never so fit yet Equity allowing to each party equall benefit if one be admitted to be Judge the other is to be admitted also so the controversie that is the cause of War remains against the Law of Nature For the same reason no man in any Cause ought to be received for Arbitrator to whom greater profit or honour or pleasure apparently ariseth out of the victory of one party than of the other for hee hath taken though an unavoydable bribe yet a bribe and no man can be obliged to trust him And thus also the controversie and the condition of War remaineth contrary to the Law of Nature And in a controversie of Fact the Judge being to give no more credit to one than to the other if there be no other Arguments must give credit to a third or to a third and fourth or more For else the question is undecided and left to force contrary to the Law of Nature These are the Lawes of Nature dictating Peace for a means of the conservation of men in multitudes and which onely concern the doctrine of Civill Society There be other things tending to the destruction of particular men as Drunkenness and all other parts of Intemperance which may therefore also be reckoned amongst those things which the Law of Nature hath forbidden but are not necessary to be mentioned nor are pertinent enough to this place And though this may seem too subtile a deduction of the Lawes of Nature to be taken notice of by all men whereof the most part are too busie in getting food and the rest too negligent to understand yet to leave all men unexcusable they have been contracted into one easie sum intelligible even to the meanest capacity and that is Do not that to another which thou wouldest not have done to thy selfe which sheweth him that he has no more to do in learning the Lawes of Nature but when weighing the actions of other men with his own they seem too heavy to put them into the other part of the ballance and his own into their place that his own passions and selfe-love may adde nothing to the weight and then there is none of these Lawes of Nature that will not appear unto him very reasonable The Lawes of Nature oblige in foro interno that is to say they bind to a desire they should take place but in foro externo that is to the putting them in act not alwayes For he that should be modest and tractable and performe all he promises in such time and place where no man els should do so should but make himselfe a prey to others and procure his own certain ruine contrary to the ground of all Lawes of Nature which tend to Natures preservation And again he that having sufficient Security that others shall observe t●…e same Lawes towards him observes them not himselfe seeketh not Peace but War consequently the destruction of his Nature by Violence And whatsoever Lawes bind in foro interno may be broken not onely by a fact contrary to the Law but also by a fact according to it in case a man think it contrary For though his Action in this case be according to the Law yet his Purpose was against the Law which where the Obligation is in foro interno is a breach The Lawes of Nature are Immutable and Eternall For Injustice Ingratitude Arrogance Pride Iniquity Acception of persons and the rest can never be made lawfull For it can never be that Warre shall preserve life and Peace destroy it The sames Lawes because they oblige onely to a desire and endeavour I mean an unfeigned and constant endeavour are easie to be observed For in that they require nothing but endeavour he that endeavoureth their performance fulfilleth them and he that fulfilleth the Law is Just. And the Science of them is the true and onely Moral Philosophy For Morall Philosophy is nothing else but the Science of what is Good and Evill in the conversation and Society of man-kind Good and Evill are names that signifie our Appetites and Aversions which in different tempers customes and doctrines of men are different And divers men differ not onely in their Judgement on the senses of what is pleasant and unpleasant to the tast smell hearing touch and sight but also of what is conformable or disagreeable to Reason in the actions of common life Nay the same man in divers times differs from himselfe and one time praiseth that is calleth Good what another time he dispraiseth and calleth Evil From whence arise Disputes Controversies and at last War And therefore so long a man is in the condition of meer Nature which is a condition of War as private Appetite is the measure of Good and Evill And consequently all men agree on this that Peace is Good and therefore also the way or means of Peace which as I have shewed before are Justice Gratitude Modesty Equity Mercy the rest of the Laws of Nature are good that is to say Morall Vertues and their contrarie Vices Evill Now the science of Vertue and Vice is Morall Philosophie and therfore the true Doctrine of the Lawes of Nature is the true Morall Philosophie But the Writers of Morall Philosophie though they acknowledge the same Vertues and Vices Yet not seeing wherein consisted their Goodnesse nor that they come to be praised as the meanes of peaceable sociable and comfortable living place them in a mediocrity of passions as if not the Cause but the Degree of daring made Fortitude or not the Cause but the Quantity of a gift made Liberality These dictates of Reason men use to call by the name of Lawes but improperly for they are but Conclusions or Theoremes concerning what conduceth to the conservation and defence of themselves wheras Law properly is the word of him that by right hath command over others But
Rights and Consequences of Soveraignty are the same in both His Power cannot without his consent be Transferred to another He cannot Forfeit it He cannot be Accused by any of his Subjects of Injury He cannot be Punished by them He is Judge of what is necessary for Peace and Judge of Doctrines He is Sole Legislator and Supreme Judge of Controversies and of the Times and Occasions of Warre and Peace to him it belongeth to choose Magistrates Counsellours Commanders and all other Officers and Ministers and to determine of Rewards and Punishments Honour and Order The reasons whereof are the same which are alledged in the precedent Chapter for the same Rights and Consequences of Soveraignty by Institution Dominion is acquired two wayes By Generation and by Conquest The right of Dominion by Generation is that which the Parent hath over his Children and is called PATERNALL And is not so derived from the Generation as if therefore the Parent had Dominion over his Child because he begat him but from the Childs Consent either expresse or by other sufficient arguments declared For as to the Generation God hath ordained to man a helper and there be alwayes two that are equally Parents the Dominion therefore over the Child should belong equally to both and he be equally subject to both which is impossible for no man can obey two Masters And whereas some have attributed the Dominion to the Man onely as being of the more excellent Sex they misreckon in it For there is not alwayes that difference of strength or prudence between the man and the woman as that the right can be determined without War In Common-wealths this controversie in decided by the Civill Law and for the most part but not alwayes the sentence is in favour of the Father because for the most part Common-wealths have been erected by the Fathers not by the Mothers of families But the question lyeth now in the state of meer Nature where there are supposed no lawes of Matrimony no lawes for the Education of Children but the Law of Nature and the naturall inclination of the Sexes one to another and to their children In this condition of meer Nature either the Parents between themselves dispose of the dominion over the Child by Contract or do not dispose thereof at all If they dispose thereof the right passeth according to the Contract We find in History that the Amazons Contracted with the Men of the neighbouring Countries to whom they had recourse for issue that the issue Male should be sent back but the Female remain with themselves so that the dominion of the Females was in the Mother If there be no Contract the Dominion is in the Mother For in the condition of meer Nature where there are no Matrimoniall lawes it cannot be known who is the Father unlesse it be delared by the Mother and therefore the right of Dominion over the Child dependeth on her will and is consequently hers Again seeing the Infant is first in the power of the Mother so as she may either nourish or expose it if she nourish it it oweth its life to the Mother and is therefore obliged to obey her rather than any other and by consequence the Dominion over it is hers But if she expose it and another find and nourish it the Dominion is in him that nourisheth it For it ought to obey him by whom it is preserved because preservation of life being the end for which one man becomes subject to another every man is supposed to promise obedience to him in whose power it is to save or destroy him If the Mother be the Fathers subject the Child is in the Fathers power and if the Father be the Mothers subject as when a Soveraign Queen marrieth one of her subjects the Child is subject to the Mother because the Father also is her subject If a man and a woman Monarches of two severall Kingdomes have a Child and contract concerning who shall have the Dominion of him the Right of the Dominion passeth by the Contract If they contract not the Dominion followeth the Dominion of the place of his residence For the Soveraign of each Country hath Dominion over all that reside therein He that hath the Dominion over the Child hath Dominion also over the Children of the Child and over their Childrens Children For he that hath Dominion over the person of a man hath Dominion over all that is his without which Dominion were but a Title without the effect The Right of Succession to Paternall Dominion proceedeth in the same manner as doth the Right of Succession to Monarchy of which I have already sufficiently spoken in the precedent chapter Dominion acquired by Conquest or Victory in war is that which some Writers call DESPOTICALL from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which signifieth a Lord or Master and is the Dominion of the Master over his Servant And this Dominion is then acquired to the Victor when the Vanquished to avoyd the present stroke of death covenanteth either in expresse words or by other sufficient signes of the Will that so long as his life and the liberty of his body is allowed him the Victor shall have the use thereof at his pleasure And after such Covenant made the Vanquished is a SERVANT and not before for by the word Servant whether it be derived from Servire to Serve or from Servare to Save which I leave to Grammarians to dispute is not meant a Captive which is kept in prison or bonds till the owner of him that took him or bought him of one that did shall consider what to do with him for such men commonly called Slaves have no obligation at all but may break their bonds or the prison and kill or carry away captive their Master justly but one that being taken hath corporall liberty allowed him and upon promise not to run away nor to do violence to his Master is trusted by him It is not therefore the Victory that giveth the right of Dominion over the Vanquished but his own Covenant Nor is he obliged because he is Conquered that is to say beaten and taken or put to flight but because he commeth in and Submitteth to the Victor Nor is the Victor obliged by an enemies rendring himselfe without promise of life to spare him for this his yeelding to discretion which obliges not the Victor longer than in his own discretion hee shall think fit And that which men do when they demand as it is now called Quarter which the Greeks called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 taking alive is to evade the present fury of the Victor by Submission and to compound for their life with Ransome or Service and therefore he that hath Quarter hath not his life given but deferred till farther deliberation For it is not an yeelding on condition of life but to discretion And then onely is his life in security and his service due when the Victor hath trusted
is once settled then are they actually Lawes and not before as being then the commands of the Common-wealth and therefore also Civill Lawes For it is the Soveraign Power that obliges men to obey them For in the differences of private men to declare what is Equity what is Justice and what is morall Vertue and to make them binding there is need of the Ordinances of Soveraign Power and Punishments to be ordaine d for such as shall break them which Ordinances are therefore part of the Civill Law The Law of Nature therefore is a part of the Civill Law in all Common-wealths of the world Reciprocally also the Civill Law is a part of the Dictates of Nature For Justice that is to say Performance of Covenant and giving to every man his own is a Dictate of the Law of Nature But every subject in a Common-wealth hath covenanted to obey the Civill Law either one with another as when they assemble to make a common Representative or with the Representative it selfe one by one when subdued by the Sword they promise obedience that they may receive life And therefore Obedience to the Civill Law is part also of the Law of Nature Civill and Naturall Law are not different kinds but different parts of Law whereof one part being written is called Civill the other unwritten Naturall But the Right of Nature that is the naturall Liberty of man may by the Civill Law be abridged and restrained nay the end of making Lawes is no other but such Restraint without the which there cannot possibly be any Peace And Law was brought into the world for nothing else but to limit the naturall liberty of particular men in such manner as they might not hurt but assist one another and joyn together against a common Enemy 5. If the Soveraign of one Common-wealth subdue a People that have lived under other written Lawes and afterwards govern them by the same Lawes by which they were governed before yet those Lawes are the Civill Lawes of the Victor and not of the Vanquished Common-wealth For the Legislator is he not by whose authority the Lawes were first made but by whose authority they now continue to be Lawes And therefore where there be divers Provinces within the Dominion of a Common-wealth and in those Provinces diversity of Lawes which commonly are called the Customes of each severall Province we are not to understand that such Customes have their force onely from Length of Time but that they were antiently Lawes written or otherwise made known for the Constitutions and Statutes of their Soveraigns and are now Lawes not by vertue of the Praescription of time but by the Constitutions of their present Soveraigns But if an unwritten Law in all the Provinces of a Dominion shall be generally observed and no iniquity appear in the use thereof that Law can be no other but a Law of Nature equally obliging all man-kind 6. Seeing then all Lawes written and unwritten have their Authority and force from the Will of the Common-wealth that is to say from the Will of the Representative which in a Monarchy is the Monarch and in other Common-wealths the Soveraign Assembly a man may wonder from whence proceed such opinions as are found in the Books of Lawyers of eminence in severall Common-wealths directly or by consequence making the Legislative Power depend on private men or subordinate Judges As for example That the Common Law hath no Controuler but the Parlament which is true onely where a Parlament has the Soveraign Power and cannot be assembled nor dissolved but by their own discretion For if there be a right in any else to dissolve them there is a right also to controule them and consequently to controule their controulings And if there be no such right then the Controuler of Lawes is not Parlamentum but Rex in Parlamento And were a Parlament is Soveraign if it should assemble never so many or so wise men from the Countries subject to them for whatsoever cause yet there is no man will believe that such an Assembly hath thereby acquired to themselves a Legislative Power Item that the two arms of a Common-wealth are Force and Justice the first whereof is in the King the other deposited in the hands of the Parlament As if a Common-wealth could consist where the Force were in any hand which Justice had not the Authority to command and govern 7. That Law can never be against Reason our Lawyers are agreed and that not the Letter that is every construction of it but that which is according to the Intention of the Legislator is the Law And it is true but the doubt is of whose Reason it is that shall be received for Law It is not meant of any private Reason for then there would be as much contradiction in the Lawes as there is in the Schooles nor yet as Sr. Ed. Coke makes it an Artificiall perfection of Reason gotten by long study observation and experience as his was For it is possible long study may encrease and confirm erroneous Sentences and where men build on false grounds the more they build the greater is the ruine and of those that study and observe with equall time and diligence the reasons and resolutions are and must remain discordant and therefore it is not that Juris prudentia or wisedome of subordinate Judges but the Reason of this our Artificiall Man the Common-wealth and his Command that maketh Law And the Common-wealth being in their Representative but one Person there cannot easily arise any contradiction in the Lawes and when there doth the same Reason is able by interpretation or alteration to take it away In all Courts of Justice the Soveraign which is the Person of the Common-wealth is he that Judgeth The subordinate Judge ought to have regard to the reason which moved his Soveraign to make such Law that his Sentence may be according thereunto which then is his Soveraigns Sentence otherwise it is his own and an unjust one 8. From this that the Law is a Command and a Command consisteth in declaration or manifestation of the will of him that commandeth by voyce writing or some other sufficient argument of the same we may understand that the Command of the Common-wealth is Law onely to those that have means to take notice of it Over naturall fooles children or mad-men there is no Law no more than over brute beasts nor are they capable of the title of just or unjust because they had never power to make any covenant or to understand the consequences thereof and consequently never took upon them to authorise the actions of any Soveraign as they must do that make to themselves a Common-wealth And as those from whom Nature or Accident hath taken away the notice of all Lawes in generall so also every man from whom any accident not proceeding from his own default hath taken away the means to take notice of any particular Law is excused if
all written Lawes that may concerne his own future actions The Legislator known and the Lawes either by writing or by the light of Nature sufficiently published there wanteth yet another very materiall circumstance to make them obligatory For it is not the Letter but the Intendment or Meaning that is to say the authentique Interpretation of the Law which is the sense of the Legislator in which the nature of the Law consisteth And therefore the Interpretation of all Lawes dependeth on the Authority Soveraign and the Interpreters can be none but those which the Soveraign to whom only the Subject oweth obedience shall appoint For else by the craft of an Interpreter the Law may be made to beare a sense contrary to that of the Soveraign by which means the Interpreter becomes the Legislator All Laws written and unwritten have need of Interpretation The unwritten Law of Nature though it be easy to such as without partiality and passion make use of their naturall reason and therefore leaves the violaters thereof without excuse yet considering there be very few perhaps none that in some cases are not blinded by self love or some other passion it is now become of all Laws the most obscure and has consequently the greatest need of able Interpreters The written Laws if they be short are easily mis-interpreted from the divers significations of a word or two if long they be more obscure by the diverse significations of many words in so much as no written Law delivered in few or many words can be well understood without a perfect understanding of the finall causes for which the Law was made the knowledge of which finall causes is in the Legislator To him therefore there can not be any knot in the Law insoluble either by finding out the ends to undoe it by or else by making what ends he will as Alexander did with his sword in the Gordian knot by the Legislative power which no other Interpreter can doe The Interpretation of the Lawes of Nature in a Common-wealth dependeth not on the books of Morall Philosophy The Authority of writers without the Authority of the Common-wealth maketh not their opinions Law be they never so true That which I have written in this Treatise concerning the Morall Vertues and of their necessity for the procuring and maintaining peace though it bee evident Truth is not therefore presently Law but because in all Common-wealths in the world it is part of the Civill Law For though it be naturally reasonable yet it is by the Soveraigne Power that it is Law Otherwise it were a great errour to call the Lawes of Nature unwritten Law whereof wee see so many volumes published and in them so many contradictions of one another and of themselves The Interpretation of the Law of Nature is the Sentence of the Judge constituted by the Soveraign Authority to heare and determine such controversies as depend thereon and consisteth in the application of the Law to the present case For in the act of Judicature the Judge doth no more but consider whither the demand of the party be consonant to naturall reason and Equity and the Sentence he giveth is therefore the Interpretation of the Law of Nature which Interpretation is Authentique not because it is his private Sentence but because he giveth it by Authority of the Soveraign whereby it becomes the Soveraigns Sentence which is Law for that time to the parties pleading But because there is no Judge Subordinate nor Soveraign but may erre in a Judgement of Equity if afterward in another like case he find it more consonant to Equity to give a contrary Sentence he is obliged to doe it No mans error becomes his own Law nor obliges him to persist in it Neither for the same reason becomes it a Law to other Judges though sworn to follow it For though a wrong Sentence given by authority of the Soveraign if he know and allow it in such Lawes as are mutable be a constitution of a new Law in cases in which every little circumstance is the same yet in Lawes immutable such as are the Lawes of Nature they are no Lawes to the same or other Judges in the like cases for ever after Princes succeed one another and one Iudge passeth another commeth nay Heaven and Earth shall passe but not one title of the Law of Nature shall passe for it is the Eternall Law of God Therefore all the Sentences of precedent Judges that have ever been cannot all together make a Law contrary to naturall Equity Nor any Examples of former Judges can warrant an unreasonable Sentence or discharge the present Judge of the trouble of studying what is Equity in the case he is to Judge from the principles of his own naturall reason For example sake 'T is against the Law of Nature To punish the Innocent and Innocent is he that acquitteth himselfe Judicially and is acknowledged for Innocent by the Judge Put the case now that a man is accused of a capitall crime and seeing the power and malice of some enemy and the frequent corruption and par●…iality of Judges runneth away for feare of the event and afterwards is taken and brought to a legall triall and maketh it sufficiently appear he was not guilty of the crime and being thereof acquitted is neverthelesse condemned to lose his goods this is a manifest condemnation of the Innocent I say therefore that there is no place in the world where this can be an interpretation of a Law of Nature or be made a Law by the Sentences of precedent Judges that had done the same For he that judged it first judged unjustly and no Injustice can be a pattern of Judgement to succeeding Judges A written Law may forbid innocent men to fly and they may be punished for flying But that flying for feare of injury should be taken for presumption of guilt after a man is already absolved of the crime Judicially is contrary to the nature of a Presumption which hath no place after Judgement given Yet this is set down by a great Lawyer for the common Law of England If a man saith he that is Innocent be accused of Felony and for feare flyeth for the same albeit he judicially acquitteth himselfe of the Felony yet if it be found that he fled for the Felony he shall notwithstanding his Innocency Forfeit all his goods chattells debts and duties For as to the Forfeiture of them the Law will admit no proofe against the Presumption in Law grounded upon his flight Here you see An Innocent man Judicially acquitted notwithstanding his Innocency when no written Law forbad him to fly after his acquitall upon a Presumption in Law condemned to lose all the goods he hath If the Law ground upon his flight a Presumption of the fact which was Capitall the Sentence ought to have been Capitall if the Presumption were not of ●…he Fact for what then ought he to lose his goods This therefore is
the Fundamentall Lawes to the molestation of the Common-wealth like the little Wormes which Physicians call Ascarides We may further adde the insatiable appetite or Bulimia of enlarging Dominion with the incurable Wounds thereby many times received from the enemy And the Wens of ununited conquests which are many times a burthen and with lesse danger lost than kept As also the Lethargy of Ease and Consumption of Riot and Vain Expence Lastly when in a warre forraign or intestine the enemies get a finall Victory so as the forces of the Common-wealth keeping the field no longer there is no farther protection of Subjects in their loyaly then is the Common-wealth DISSOLVED and every man at liberty to protect himselfe by such courses as his own discretion shall suggest unto him For the Soveraign is the publique Soule giving Life and Motion to the Common-wealth which expiring the Members are governed by it no more than the Carcasse of a man by his departed though Immortall Soule For though the Right of a Soveraign Monarch cannot be extinguished by the act of another yet the Obligation of the members may For he that wants protection may seek it any where and when he hath it is obliged without fraudulent pretence of having submitted himselfe out of fear to protect his Protection as long as he is able But when the Power of an Assembly is once suppressed the Right of the same perisheth utterly because the Assembly it selfe is extinct and consequently there is no possibility for the Soveraignty to re-enter CHAP. XXX Of the OFFICE of the Soveraign Representative THe OFFICE of the Soveraign be it a Monarch or an Assembly consisteth in the end for which he was trusted with the Soveraign Power namely the procuration of the safety of the people to which he is obliged by the Law of Nature and to render an account thereof to God the Author of that Law and to none but him But by Safety here is not meant a bare Preservation but also all other Contentments of life which every man by lawfull Industry without danger or hurt to the Common-wealth shall acquire to himselfe And this is intended should be done not by care applyed to Individualls further than their protection from injuries when they shall complain but by a generall Providence contained in publique Instruction both of Doctrine and Example and in the making and executing of good Lawes to which individuall persons may apply their own cases And because if the essentiall Rights of Soveraignty specified before in the eighteenth Chapter be taken away the Common-wealth is thereby dissolved and every man returneth into the condition and calamity of a warre with every other man which is the greatest evill that can happen in this life it is the Office of the Soveraign to maintain those Rights entire and consequently against his duty First to transferre to another or to lay from himselfe any of them For he that deserteth the Means deserteth the Ends and he deserteth the Means that being the Soveraign acknowledgeth himselfe subject to the Civill Lawes and renounceth the Power of Supreme Judicature or of making Warre or Peace by his own Authority or of Judging of the Necessities of the Common-wealth or of levying Mony and Souldiers when and as much as in his own conscience he shall judge necessary or of making Officers and Ministers both of Warre and Peace or of appointing Teachers and examining what Doctrines are conformable or contrary to the Defence Peace and Good of the people Secondly it is against his Duty to let the people be ignorant or mis-informed of the grounds and reasons of those his essentiall Rights because thereby men are easie to be seduced and drawn to resist him when the Common-wealth shall require their use and exercise And the grounds of these Rights have the rather need to be diligently and truly taught because they cannot be maintained by any Civill Law or terrour of legall punishment For a Civill Law that shall forbid Rebellion and such is all resistance to the essentiall Rights of Soveraignty is not as a Civill Law any obligation but by vertue onely of the Law of Nature that forbiddeth the violation of Faith which naturall obligation if men know not they cannot know the Right of any Law the Soveraign maketh And for the Punishment they take it but for an act of Hostility which when they think they have strength enough they will endeavour by acts of Hostility to avoyd As I have heard some say that Justice is but a word without substance and that whatsoever a man can by force or art acquire to himselfe not onely in the condition of warre but also in a Common-wealth is his own which I have already shewed to be false So there be also that maintain that there are no grounds nor Principles of Reason to sustain those essentiall Rights which make Soveraignty absolute For if there were they would have been found out in some place or other whereas we see there has not hitherto been any Common-wealth where those Rights have been acknowledged or challenged Wherein they argue as ill as if the Savage people of America should deny there were any grounds or Principles of Reason so to build a house as to last as long as the materials because they never yet saw any so well built Time and Industry produce every day new knowledge And as the art of well building is derived from Principles of Reason observed by industrious men that had long studied the nature of materials and the divers effects of figure and proportion long after mankind began though poorly to build So long time after men have begun to constitute Common-wealths imperfect and apt to relapse into disorder there may Principles of Reason be found out by industrious meditation to make their constitution excepting by externall violence everlasting And such are those which I have in this discourse set forth Which whether they come not into the fight of those that have Power to make use of them or be neglected by them or not concerneth my particular interest at this day very little But supposing that these of mine are not such Principles of Reason yet I am sure they are Principles from Authority of Scripture as I shall make it appear when I shall come to speak of the Kingdome of God administred by Moses over the Jewes his peculiar people by Covenant But they say again that though the Principles be right yet Common people are not of capacity enough to be made to understand them I should be glad that the Rich and Potent Subjects of a Kingdome or those that are accounted the most Learned were no lesse incapable than they But all men know that the obstructions to this kind of doctrine proceed not so much from the difficulty of the matter as from the interest of them that are to learn Potent men digest hardly any thing that setteth up a Power to bridle their affections
to God but one Worship which then it doth when it commandeth it to be exhibited by Private men Publiquely And this is Publique Worship the property whereof is to be Uniforme For those actions that are done differently by different men cannot be said to be a Publique Worship And therefore where many sorts of Worship be allowed proceeding from the different Religions of Private men it cannot be said there is any Publique Worship nor that the Common-wealth is of any Religion at all And because words and consequently the Attributes of God have their signification by agreement and constitution of men those Attributes are to be held significative of Honour that men intend shall so be and whatsoever may be done by the wills of particular men where there is no Law but Reason may be done by the will of the Common-wealth by Lawes Civill And because a Common-wealth hath no Will nor makes no Lawes but those that are made by the Will of him or them that have the Soveraign Power it followeth that those Attributes which the Soveraign ordaineth in the Worship of God for signes of Honour ought to be taken and used for such by private men in their publique Worship But because not all Actions are signes by Constitution but some are Naturally signes of Honour others of Contumely these later which are those that men are ashamed to do in the sight of them they reverence cannot be made by humane power a part of Divine worship nor the former such as are decent modest humble Behaviour ever be separated from it But whereas there be an infinite number of Actions and Gestures of an indifferent nature such of them as the Common-wealth shall ordain to be Publiquely and Universally in use as signes of Honour and part of Gods Worship are to be taken and used for such by the Subjects And that which is said in the Scripture It is better to obey God than men hath place in the kingdome of God by Pact and not by Nature Having thus briefly spoken of the Naturall Kingdome of God and his Naturall Lawes I will adde onely to this Chapter a short declaration of his Naturall Punishments There is no action of man in this life that is not the beginning of so long a chayn of Consequences as no humane Providence is high enough to give a man a prospect to the end And in this Chayn there are linked together both pleasing and unpleasing events in such manner as he that will do any thing for his pleasure must engage himselfe to suffer all the pains annexed to it and these pains are the Naturall Punishments of those actions which are the beginning of more Harme than Good And hereby it comes to passe that Intemperance is naturally punished with Diseases Rashnesse with Mischances Injustice with the Violence of Enemies Pride with Ruine Cowardise with Oppression Negligent government of Princes with Rebellion and Rebellion with Slaughter For seeing Punishments are consequent to the breach of Lawes Naturall Punishments must be naturally consequent to the breach of the Lawes of Nature and therfore follow them as their naturall not arbitrary effects And thus farre concerning the Constitution Nature and Right of Soveraigns and concerning the Duty of Subjects derived from the Principles of Naturall Reason And now considering how different this Doctrine is from the Practise of the greatest part of the world especially of these Western parts that have received their Morall learning from Rome and Athens and how much depth of Morall Philosophy is required in them that have the Administration of the Soveraign Power I am at the point of believing this my labour as uselesse as the Common-wealth of Plato For he also is of opinion that it is impossible for the disorders of State and change of Governments by Civill Warre ever to be taken away till Soveraigns be Philosophers But when I consider again that the Science of Naturall Justice is the onely Science necessary for Soveraigns and their principall Ministers and that they need not be charged with the Sciences Mathematicall as by Plato they are further than by good Lawes to encourage men to the study of them and that neither Plato nor any other Philosopher hitherto hath put into order and sufficiently or probably proved all the Theoremes of Morall doctrine that men may learn thereby both how to govern and how to obey I recover some hope that one time or other this writing of mine may fall into the hands of a Soveraign who will consider it himselfe for it is short and I think clear without the help of any interessed or envious Interpreter and by the exercise of entire Soveraignty in protecting the Publique teaching of it convert this Truth of Speculation into the Utility of Practice OF A CHRISTIAN COMMON-WEALTH CHAP. XXXII Of the Principles of CHRISTIAN POLITIQUES I Have derived the Rights of Soveraigne Power and the duty of Subjects hitherto from the Principles of Nature onely such as Experience has found true or Consent concerning the use of words has made so that is to say from the nature of Men known to us by Experience and from Definitions of such words as are Essentiall to all Politicall reasoning universally agreed on But in that I am next to handle which is the Nature and Rights of a CHRISTIAN COMMON-VVEALTH whereof there dependeth much upon Supernaturall Revelations of the Will of God the ground of my Discourse must be not only the Naturall Word of God but also the Propheticall Neverthelesse we are not to renounce our Senses and Experience nor that which is the undoubted Word of God our naturall Reason For they are the talents which he hath put into our hands to negotiate till the coming again of our blessed Saviour and therefore not to be folded up in the Napkin of an Implicite aith but employed in the purchase of Justice Peace and true Religion For though there be many things in Gods Word above Reason that it is to say which cannot by naturall reason be either demonstrated or confuted yet there is nothing contrary to it but when it seemeth so the fault is either in our unskilfull Interpretation or erroneous Ratiocination Therefore when any thing therein written is too hard for our examination wee are bidden to captivate our understanding to the Words and not to labour in sifting out a Philosophicall truth by Logick of such mysteries as are not comprehensible nor fall under any rule of naturall science For it is with the mysteries of our Religion as with wholsome pills for the sick which swallowed whole have the vertue to cure but chewed are for the most part cast up again without effect But by the Captivity of our Understanding is not meant a Submission of the Intellectuall faculty to the Opinion of any other man but of the Will to Obedience where obedience is due For Sense Memory Understanding Reason and Opinion are not in our power to change but alwaies
to be without terrour The name of Fulmen Excommunicationis that is the Thunderbolt of Excommunication proceeded from an imagination of the Bishop of Rome which first used it that he was King of Kings as the Heathen made Jupiter King of the Gods and assigned him in their Poems and Pictures a Thunderbolt wherewith to subdue and punish the Giants that should dare to deny his power Which imagination was grounded on two errours one that the Kingdome of Christ is of this world contrary to our Saviours owne words My Kingdome is not of this world the other that hee is Christs Vicar not onely over his owne Subjects but over all the Christians of the World whereof there is no ground in Scripture and the contrary shall bee proved in its due place St. Paul coming to Thessalonica where was a Synagogue of the Jews Acts 17. 2 3. As his manner was went in unto them and three Sabbath dayes reasoned with them out of the Scriptures Opening and alledging that Christ must needs have suffered and r●…sen again from the dead and that this Iesus whom he preached was the Christ. The Scriptures here mentioned were the Scriptures of the Jews that is the Old Testament The men to whom he was to prove that Jesus was the Christ and risen again from the dead were also Jews and did beleeve already that they were the Word of God Hereupon as it is verse 4. some of them beleeved and as it is in the 5. ver some beleeved not What was the reason when they all beleeved the Scripture that they did not all beleeve alike but that some approved others disapproved the Interpretation of St. Paul that cited them and every one Interpreted them to himself It was this S. Paul came to them without any Legall Commission and in the manner of one that would not Command but Perswade which he must needs do either by Miracles as Moses did to the Israelites in Egypt that they might see his Authority in Gods works or by Reasoning from the already received Scripture that they might see the truth of his doctrine in Gods Word But whosoever perswadeth by reasoning from principles written maketh him to whom hee speaketh Judge both of the meaning of those principles and also of the force of his inferences upon them If these Jews of Thessalonica were not who else was the Judge of what S. Paul alledg●…d out of Scripture If S. Paul what needed he to quote any places to prove his doctrine It had been enough to have said I find it so in Scripture that is to say in your Laws of which I am Interpreter as sent by Christ. The Interpreter therefore of the Scripture to whose Interpretation the Jews of Thessalonica were bound to stand could be none every one might beleeve or not beleeve according as the Allegations seemed to himselfe to be agreeable or not agreeable to the meaning of the places alledged And generally in all cases of the world hee that pretendeth any proofe maketh Judge of his proofe him to whom he addresseth his speech And as to the case of the Jews in particular they were bound by expresse words Deut. 17. to receive the determination of all hard questions from the Priests and Judges of Israel for the time being But this is to bee understood of the Jews that were yet unconverted For the conversion of the Gentiles there was no use of alledging the Scriptures which they beleeved not The Apostles therefore laboured by Reason to confute their Idolatry and that done to perswade them to the faith of Christ by their testimony of his Life and Resurrection So that there could not yet bee any controversie concerning the authority to Interpret Scripture seeing no man was obliged during his infidelity to follow any mans Interpretation of any Scripture except his Soveraigns Interpretation of the Laws of his countrey Let us now consider the Conversion it s●…lf and see what there was therein that could be cause of such an obligation Men were converted to no other thing then to the Beleef of that which the Apostles preached And the Apostles preached nothing but that Jesus was the Christ that is to say the King that was to save them and reign over them eternally in the world to come and consequently that hee was not dead but risen again from the dead and gone up into Heaven and should come again one day to j●…dg the world which also should rise again to be judged and reward every man according to his works None of them preached that himselfe or any other Apostle was such an Interpreter of the Scripture as all that became Christians ought to take their Interpretation for Law For to Interpret the Laws is part of the Administration of a present Kingdome which the Apostles had not They prayed then and all other Pastors ever since Let thy Kingdome come and exhorted their Converts to obey their then Ethnique Princes The New Testament was not yet published in one Body Every of the Evangelists was Interpreter of his own Gospel and every Apostle of his own Epistle And of the Old Testament our Saviour himselfe saith to the Jews Iohn 5. 39. Search the Scriptures for in them yee thinke to have eternall life and they are they that testifie of me If hee had not meant they should Interpret them hee would not have bidden them take thence the proof of his being the Christ he would either have Interpreted them himselfe or referred them to the Interpretation of the Priests When a difficulty arose the Apostles and Elders of the Church assembled themselves together and determined what should bee preached and taught and how they should Interpret the Scriptures to the People but took not from the People the liberty to read and Interpret them to themselves The Apostles sent divers Letters to the Churches and other Writings for their instruction which had been in vain if they had not allowed them to Interpret that is to consider the meaning of them And as it was in the Apostles time it must be till such time as there should be Pastors that could authorise an Interpreter whose Interpretation should generally be stood to But that could not be till Kings were Pastors or Pastors Kings There be two senses wherein a Writing may be said to be Canonicall for Canon signifieth a Rule and a Rule is a Precept by which a man is guided and directed in any action whatsoever Such Precepts though given by a Teacher to his Disciple or a Counsellor to his friend without power to Compell him to observe them are neverthelesse Canons because they are Rules But when they are given by one whom he that receiveth them is bound to obey then are those Canons not onely Rules but Laws The question therefore here is of the Power to make the Scriptures which are the Rules of Christian Faith Laws That part of the Scripture which was first Law was the Ten Commandements written in two Tables of Stone
also the Power of Explaining them when there is need And are not the Scriptures in all places where they are Law made Law by the Authority of the Common-wealth and consequently a part of the Civill Law Of the same kind it is also when any but the Soveraign restraineth in any man that power which the Common-wealth hath not restrained as they do that impropriate the Preaching of the Gospell to one certain Order of men where the Laws have left it free If the State give me leave to preach or teach that is if it forbid me not no man can forbid me If I find my selfe amongst the Idolaters of America shall I that am a Christian though not in Orders think it a sin to preach Jesus Christ till I have received Orders from Rome or when I have preached shall not I answer their doubts and expound the Scriptures to them that is shall I not Teach But for this may some say as also for administring to them the Sacraments the necessity shall be esteemed for a sufficient Mission which is true But this is true also that for whatsoever a dispensation is due for the necessity for the same there needs no dispensation when there is no Law that forbids it Therefore to deny these Functions to those to whom the Civill Soveraigne hath not denyed them is a taking away of a lawfull Liberty which is contrary to the Doctrine of Civill Government More examples of Vain Philosophy brought into Religion by the Doctors of Schoole-Divinity might be produced but other men may if they please observe them of themselves I shall onely adde this that the Writings of Schoole-Divines are nothing else for the most part but insignificant Traines of strange and barbarous words or words otherwise used then in the common use of the Latine tongue such as would pose Cicero and Varro and all the Grammarians of ancient Rome Which if any man would see proved let him as I have said once before see whether he can translate any Schoole-Divine into any of the Modern tongues as French English or any other copious language for that which cannot in most of these be made Intelligible is not Intelligible in the Latine Which Insignificancy of language though I cannot note it for false Philosophy yet it hath a quality not onely to hide the Truth but also to make men think they have it and desist from further search Lastly for the Errors brought in from false or uncertain History what is all the Legend of fictitious Miracles in the lives of the Saints and all the Histories of Apparitions and Ghosts alledged by the Doctors of the Romane Church to make good their Doctrines of Hell and Purgatory the power of Exorcisme and other Doctrines which have no warrant neither in Reason nor Scripture as also all those Traditions which they call the unwritten Word of God but old Wives Fables Whereof though they find dispersed somewhat in the Writings of the ancient Fathers yet those Fathers were men that might too easily beleeve false reports and the producing of their opinions for testimony of the truth of what they beleeved hath no other force with them that according to the Counsell of St. Iohn 1 Epist. chap. 4. verse 1. examine Spirits than in all things that concern the power of the Romane Church the abuse whereof either they suspected not or had benefit by it to discredit their testimony in respect of too rash beleef of reports which the most sincere men without great knowledge of naturall causes such as the Fathers were are commonly the most subject to For naturally the best men are the least suspicious of fraudulent purposes Gregory the Pope and S. Bernard have somewhat of Apparitions of Ghosts that said they were in Purgatory and so has our Beda but no where I beleeve but by report from others But if they or any other relate any such stories of their own knowledge they shall not thereby confirm the more such vain reports but discover their own Infirmity or Fraud With the Introduction of False we may joyn also the suppression of True Philosophy by such men as neither by lawfull authority nor sufficient study are competent Judges of the truth Our own Navigations make manifest and all men learned in humane Sciences now acknowledge there are Antipodes And every day it appeareth more and more that Years and Dayes are determined by Motions of the Earth Neverthelesse men that have in their Writings but supposed such Doctrine as an occasion to lay open the reasons for and against it have been punished for it by Authority Ecclesiasticall But what reason is there for it Is it beca●…se such opinions are contrary to true Religion that cannot be if they be true Let therefore the truth be first examined by competent Judges or confuted by them that pretend to know the contrary Is it because they be contrary to the Religion established Let them be silenced by the Laws of those to whom the Teachers of them are subject that is by the Laws Civill For disobedience may lawfully be punished in them that against the Laws teach even true Philosophy Is it because they tend to disorder in Government as countenancing Rebellion or Sedition then let them be silenced and the Teachers punished by vertue of his Power to whom the care of the Publique quiet is committed which is the Authority Civill For whatsoever Power Ecclesiastiques take upon themselves in any place where they are subject to the State in their own Right though they call it Gods Right is but Usurpation CHAP. XLVII Of the BENEFIT that proceedeth from such Darknesse and to whom it accreweth CIcero maketh honorable mention of one of the Cass●… a severe Judge amongst the Romans for a custome he had in Criminall causes when the testimony of the witnesses was not sufficient to ask the Accusers Cuibono that is to say what Profit Honor or other Contentment the accused obtained or expected by the Fact For amongst Praesumptions there is none that so evidently declareth the Author as doth the BENEFIT of the Action By the same rule I intend in this place to examine who they may be that have possessed the People so long in this part of Christendome with these Doctrines contrary to the Peaceable Societies of Mankind And first to this Error that the present Church now Militant on Earth is the Kingdome of God that is the Kingdome of Glory or the Land of Promise not the Kingdome of Grace which is but a Promise of the Land are annexed these worldly Benefits First that the Pastors and Teachers of the Church are entitled thereby as Gods Publique Ministers to a Right of Governing the Church and consequently because the Church and Common-wealth are the same Persons to be Rectors and Governours of the Common-wealth By this title it is that the Pope prevailed with the subjects of all Christian Princes to beleeve that to disobey him was to disobey Christ himselfe
the sustaining of the same when it is set up or to the worldly Riches Honour and Authority of those that sustain it And therefore by the aforesaid rule of Cui bono we may justly pronounce for the Authors of all this Spirituall Darknesse the Pope and Roman Clergy and all those besides that endeavour to settle in the mindes of men this erroneous Doctrine that the Church now on Earth is that Kingdome of God mentioned in the Old and New Testament But the Emperours and other Christian Soveraigns under whose Government these Errours and the like encroachments of Ecclesiastiques upon their Office at first crept in to the disturbance of their possessions and of the tranquillity of their Subjects though they suffered the same for want of foresight of the Sequel and of insight into the designs of their Teachers may neverthelesse bee esteemed accessaries to their own and the Publique dammage For without their Authority there could at first no seditious Doctrine have been publiquely preached I say they might have hindred the same in the beginning But when the people were once possessed by those spirituall men there was no humane remedy to be applyed that any man could invent And for the remedies that God should provide who never faileth in his good time to destroy all the Machinations of men against the Truth wee are to attend his good pleasure that suffereth many times the prosperity of his enemies together with their ambition to grow to such a height as the violence thereof openeth the eyes which the warinesse of their predecessours had before sealed up and makes men by too much grasping let goe all as Peters net was broken by the struggling of too great a multitude of Fishes whereas the Impatience of those that strive to resist such encroachment before their Subjects eyes were opened did but encrease the power they resisted I doe not therefore blame the Emperour Frederick for holding the stirrop to our countryman Pope Adrian for such was the disposition of his subjects then as if hee had not done it hee was not likely to have succeeded in the Empire But I blame those that in the beginning when their power was entire by suffering such Doctrines to be forged in the Universities of their own Dominions have holden the Stirrop to all the succeeding Popes whilest they mounted into the Thrones of all Christian Soveraigns to ride and tire both them and their people at their pleasure But as the Inventions of men are woven so also are they ravelled out the way is the same but the order is inverted The web begins at the first Elements of Power which are Wisdom Humility Sincerity and other vertues of the Apostles whom the people converted obeyed out of Reverence not by Obligation Their Consciences were free and their Words and Actions subject to none but the Civill Power Afterwards the Presbyters as the Flocks of Christ encreased assembling to consider what they should teach and thereby obliging themselves to teach nothing against the Decrees of their Assemblies made it to be thought the people were thereby obliged to follow their Doctrine and when they refused refused to keep them company that was then called Excommunication not as being Infidels but as being disobedient And this was the first knot upon their Liberty And the number of Presbyters encreasing the Presbyters of the chief City or Province got themselves an authority over the Parochiall Presbyters and appropriated to themselves the names of Bishops And this was a second knot on Christian Liberty Lastly the Bishop of Rome in regard of the Imperiall City took upon him an Authority partly by the wills of the Emperours themselves and by the title of Pontifex Maximus and at last when the Emperours were grown weak by the priviledges of St. Peter over all other Bishops of the Empire Which was the third and last knot and the whole Synthesis and Construction of the Pontificiall Power And therefore the Analysis or Resolution is by the same way but beginneth with the knot that was last tyed as wee may see in the dissolution of the praeterpoliticall Church Government in England First the Power of the Popes was dissolved totally by Queen Elizabeth and the Bishops who before exercised their Functions in Right of the Pope did afterwards exercise the same in Right of the Queen and her Successours though by retaining the phrase of Iure Divino they were thought to demand it by immediate Right from God And so was untyed the first knot After this the Presbyterians lately in England obtained the putting down of Episcopacy And so was the second knot dissolved And almost at the same time the Power was taken also from the Presbyterians And so we are reduced to the Independency of the Primitive Christians to follow Paul or Cephas or Apollos every man as he liketh best Which if it be without contention and without measuring the Doctrine of Christ by our affection to the Person of his Minister the fault which the Apostle reprehended in the Corinthians is perhaps the best First because there ought to be no Power over the Consciences of men but of the Word it selfe working Faith in every one not alwayes according to the purpose of them that Plant and Water but of God himself that giveth the Increase and secondly because it is unreasonable in them who teach there is such danger in every little Errour to require of a man endued with Reason of his own to follow the Reason of any other man or of the most voices of many other men Which is little better then to venture his Salvation at crosse and pile Nor ought those Teachers to be displeased with this losse of their antient Authority For there is none should know better then they that power is preserved by the same Vertues by which it is acquired that is to say by Wisdome Humility Clearnesse of Doctrine and sincerity of Conversation and not by suppression of the Naturall Sciences and of the Morality of Naturall Reason nor by obscure Language nor by Arrogating to themselves more Knowledge than they make appear nor by Pious Frauds nor by such other faults as in the Pastors of Gods Church are not only Faults but also scandalls apt to make men stumble one time or other upon the suppression of their Authority But after this Doctrine that the Church now Militant is the Kingdome of God spoken of in the Old and New Testament was received in the World the ambition and canvasing for the Offices that belong thereunto and especially for that great Office of being Christs Lieutenant and the Pompe of them that obtained therein the principall Publique Charges became by degrees so evident that they lost the inward Reverence due to the Pastorall Function in so much as the Wisest men of them that had any power in the Civill State needed nothing but the authority of their Princes to deny them any further Obedience For from the time that the Bishop of Rome had gotten
of Soveraigns and both the Duty and Liberty of Subjects upon the known naturall Inclinations of Mankind and upon the Articles of the Law of Nature of which no man that pretends but reason enough to govern his private family ought to be ignorant And for the Power Ecclesiasticall of the same Soveraigns I ground it on such Texts as are both evident in themselves and consonant to the Scope of the whole Scripture And therefore am perswaded that he that shall read it with a purpose onely to be informed shall be informed by it But for those that by Writing or Publique Discourse or by their eminent actions have already engaged themselves to the maintaining of contrary opinions they will not bee so easily satisfied For in such cases it is naturall for men at one and the same time both to proceed in reading and to lose their attention in the search of objections to that they had read before Of which in a time wherein the interests of men are changed seeing much of that Doctrine which serveth to the establishing of a new Government must needs be contrary to that which conduced to the dissolution of the old there cannot choose but be very many In that part which treateth of a Christian Common-wealth there are some new Doctrines which it may be in a State where the contrary were already fully determined were a fault for a Subject without leave to divulge as being an usurpation of the place of a Teacher But in this time that men call not onely for Peace but also for Truth to offer such Doctrines as I think True and that manifestly tend to Peace and Loyalty to the consideration of those that are yet in deliberation is no more but to offer New Wine to bee put into New Cask that both may be preserved together And I suppose that then when Novelty can breed no trouble nor disorder in a State men are not generally so much inclined to the reverence of Antiquity as to preferre Ancient Errors before New and well proved Truth There is nothing I distrust more than my Elocution which neverthelesse I am confident excepting the Mischances of the Presse is not obscure That I have neglected the Ornament of quoting ancient Poets Orators and Philosophers contrary to the custome of late time whether I have done well or ill in it proceedeth from my judgment grounded on many reasons For first all Truth of Doctrine dependeth either upon Reason or upon Scripture both which give credit to many but never receive it from any Writer Secondly the matters in question are not of Fact but of Right wherein there is no place for Witnesses There is scarce any of those old Writers that contradicteth not sometimes both himself and others which makes their Testimonies insufficient Fourthly such Opinions as are taken onely upon Credit of Antiquity are not intrin●…ecally the Judgment of those that cite them but Words that passe like gaping from mouth to mouth Fiftly it is many times with a fraudulent Designe that men stick their corrupt Doctrine with the Cloves of other mens Wit Sixtly I find not that the Ancients they cite took it for an Ornament to doe the like with those that wrote before them Seventhly it is an argument of Indigestion when Greek and Latine Sentences unchewed come up again as they use to doe unchanged Lastly though I reverence those men of Ancient time that either have written Truth perspicuously or set us in a better way to find it out our selves yet to the Antiquity it self I think nothing due For if we will reverence the Age the Present is the Oldest If the Antiquity of the Writer I am not sure that generally they to whom such honor is given were more Ancient when they wrote than I am that am Writing But if it bee well considered the praise of Ancient Authors proceeds not from the reverence of the Dead but from the competition and mutuall envy of the Living To conclude there is nothing in this whole Discourse nor in that I writ before of the same Subject in Latine as far as I can perceive contrary either to the Word of God or to good Manners or to the disturbance of the Publique Tranquillity Therefore I think it may be profitably printed and more profitably taught in the Universities in case they also think so to whom the judgment of the same belongeth For seeing the Universities are the Fountains of Civill and Morall Doctrine from whence the Preachers and the Gentry drawing such water as they find use to sprinkle the same both from the Pulpit and in their Conversation upon the People there ought certainly to be great care taken to have it pure both from the Venime of Heathen Politicians and from the Incantation of Deceiving Spirits And by that means the most men knowing their Duties will be the less subject to serve the Ambition of a few discōtented persons in their purposes against the State and be the lesse grieved with the Contributions necessary for their Peace and Defence and the Governours themselves have the lesse cause to maintain at the Common charge any greater Army than is necessary to make good the Publique Liberty against the Invasions and Encroachments of forraign Enemies And thus I have brought to an end my Discourse of Civill and Ecclesiasticall Government occasioned by the disorders of the present time without partiality without application and without other designe than to set before mens eyes the mutuall Relation between Protection and Obedience of which the condition of Humane Nature and the Laws Divine both Naturall and Positive require an inviolable observation And though in the revolution of States there can be no very good Constellation for Truths of this nature to be born under as having an angry aspect from the dissolvers of an old Government and seeing but the backs of them that erect a new yet I cannot think it will be condemned at this time either by the Publique Judge of Doctrine or by any that desires the continu●…nce of Publique Peace And in this hope I return to my interrupted Speculation of Bodies Naturall wherein if God give me health to finish it I hope the Novelty will as much please as in the Doctrine of this Artificiall Body it useth to offend For such Truth as opposeth no mans profit nor pleasure is to all men welcome FINIS Memory Dreams Apparitions or Visions Understanding Trayne of Thoughts unguided Trayne of Thoughts regulated Remembrance Prudence Signes Con●…ecture of the time past Originall of Speech The use of Speech Abuses of Speech Names Proper Common Universall Necessity of D●…ons Subject to Names Use of Names Positive Negative Names with their Vses Words insignificant Understanding Inconstant names Reason what it is Reason defined Right Reason where The use of Reason Of Error and Absurdity Causes of absurditie 1. 2. 3. 4. 5. 6. 7. Science Prudence Sapience with their difference Signes of Science Motion Vitall and Animal Endeavour Appetite Desire Hunger