De corpore politico, or, The elements of law, moral and politick with discourses upon severall heads, as of [brace] the law of nature, oathes and covenants, several kinds of government : with the changes and revolutions of them / by Tho. Hobbs of Malmsbury.

De Corpore Politico .

CHAP. I. 1.2 . Men by Nature Equall . 3. By vain glory indisposed to allow equality with themselves , to others . 4. Apt to provoke another by Comparisons . 5. Apt to incroach one upon another . 6. Right defined . 7. Right to the End , implyeth right to the Means . 8 Every Man his own Judge by Nature . 9. Every Mans strength and knowledge for his owne Use . 10. Every Man by nature hath right to all things . 11. Warr and Peace defined . 12. Men by noture in the state of Warr . 13. In Manifest Inequality , Might is Right . 14. Reason dictateth Peace .

IN a former Treatise of Humane nature already printed , hath beene set forth the whole nature of Man , consisting in the Powers naturall of his Body and Mind , and may all be comprehended in these four , Strength of Body , Experinece , Reason , and Passion .

2. In this , it will be expedient to consider in what estate of security this our Nature hath placed us , and what probability it hath left us , of continuing and preserving our selves against the violence of one another . And first , if we consider how little Odds there is of Strength or knowledge , between Men of Mature Age , and with how great facility he that is the weaker in strength , or in Wit , or in both , may utterly destroy the Power of the stronger ; since there needeth but little force to the taking away of a Mans life , we may conclude that men , considered in meer Nature , ought to admit amongst themselves Equality ; and that he that claimeth no more , may be esteemed Moderate .

3. On the other side , considering the great difference there is in Men , from the Diversity of their Passions , how some are vainly glorious , and hope for precedency and superiority above their fellows , not only when they are equall in power , but also when they are Inferiour ; we must needs acknowledge that it must necessarily follow , that those men who are moderate , and look for no more but Equality of nature , shall be obnoxious to the Force of others , that will attempt to subdue them . And from hence shall proceed a generall diffidence in mankind , and mutuall fear one of another .

4. Farther , since Men by natural passion are divers wayes offensive one to another , every man thinking well of himself , and hating to see the same in others , they must needs provoke one another by Words , and other signes of contempt and hatred , which are incident to all comparison , till at last , they must determine the preheminence by Strength and force of Body .

5. Moreover , considering that many mens Appetites carry them to one and the same end ; which end sometimes can neither be enjoyed in common , nor divided , it followeth , that the stronger must enjoy it alone and that it be decided by Battell who is the stronger . And thus the Greatest part of Men , upon no assurance of Odds , do neverthelesse through Vanity , or Comparison , or Appetite , provoke the Rest , that otherwise would be contented with Equality .

6. And forasmuch as necessity of nature maketh men to will and desire Bonum sibi , that which is good for themselves , and to avoid that which is hurtfull ; but most of all , the terrible enemy of Nature , Death , from whom we expect both the losse of all Power , and also the greatest of bodily paines in the losing : It is not against Reason , that a man doth all he can , to preserve his owne body and limbs , both from Death and Paine . And that which is not against reason , men call Right , or Jus , or Blame●esse liberty , of using our own naturall Power and Ability . It is therefore ● right of nature , That every man may preserve his owne life and limbs , with all the Power he hath .

7. And because where a man hath right to the End , and the end cannot be attained without the Meanes ; that is , without such things as are necessary to the End , it is consequent that it is not against Reason , and therefore right for a man to use all meanes , and doe whatsoever action is necessary for the preservation of his Body .

8. Also every man by right of Nature , is Judge himself of the necessity of the means , and of the greatnesse of the Danger . For if it be against reason , that I be Judge of mine owne danger my Self , then it is reason , that another Man be Judge thereof . But the same Reason that maketh another man Judge of those Things that concern me , maketh me also Judge of that that concerneth him . And therefore I have reason to Judge of his sentence , whether it be for my benefit , or not .

9. As a mans Judgment in right of nature is to be imployed for his own benefit , so also the Strength , Knowledg , and Art , of every man is then rightly imployed , when he useth it for himselfe ; else must not a man have right to preserve himselfe .

10. Every man by Nature hath right to all Things , that is to say , to do whatsoever he listeth to whom he listeth , to possesse , use , and enjoy all things he will and can . For seeing all things he willeth , must therfore be Good unto him in his own judgment , because he willeth them , and may tend to his preservation some time or other , or he may judg so , and we have made him Judg thereof , Sect. 8. it followeth , that all things may rightly also be done by him . And for this cause it is rightly sayd , Natura dedil omnia omnibus , that nature hath given all things to all men ; insomuch that Jus & Utile , Right and Profit , is the same thing . But that right of all men to all things , is in effect no better than if no man had Right to any thing . For there is little use and benefit of the Right a Man hath , when another as strong , or stronger then himselfe hath Right to the same .

11. Seeing then to the Offensivenesse of Mans nature one to another , there is added a Right of every man to every thing , whereby one man invadeth with right , and another man with Right resisteth , and men live thereby in perpetuall Diffidence , and study how to p●eoccupate each other : The estate of men in this naturall Liberty , is the estate of Warr . For Warr is nothing else but that Time wherein the Will and Contention of contending by Force , is either by words or Actions sufficiently declared ; and the time which is not Warr , is Peace .

12. The estate of Hostility and War being such , as thereby nature it selfe is destroyed , and men kil one another : ( as we know also that it is , both by the experience of Salvage Nations that live at this day , and by the Histories of our Ancestors , the old Inhabitants of Germany , and other now civill Countries , where we find the people few , and short-lived , and without the ornaments and comforts of life , which by Peace and Society are usually invented and procured ) He therefore that desireth to live in such an estate as is the estate of liberty and right of all to all , contradicteth himselfe . For every man by natural necessity desireth his own good , to which this estate is contrary , wherin we suppose contention between men by nature equal , and able to destroy one another .

13. Seeing this Right of Protecting our selves by our own discretion and force proceedeth from danger , and that danger from the Fquality between mens Forces , much more reason is there , that a man prevent such Equality before the Danger cometh , and before the necessity of Battell . A man therefore that hath another man in his power to rule or govern , to do good to , or harm , hath right , by the advantage of this his present power , to take Caution at his pleasure , for his security against that other in time to come . He therefore that hath already subdued his Adversary , or gotten into his power any other , that either by Infancy , or weaknesse , is unable to resist him , by right of nature may take the best caution , that such Infant , or such feeble and subdued person can give him , of being ruled and governed by him for the time to come . For seeing we intend allwaies our one safety and preservation , we manifestly contradict that our intention , if we willingly dismiss such a one , and suffer him at once to gather strength and be our Enemy . Out of which may also be collected , That inresistable Might in the state of Nature is Right .

14. But since it is supposed by the Equality of strength and other natural faculties of men , that no man is of might sufficient , to assure himselfe for any long time , of preserving himself therby , whiles he remaineth in the state of Hostility and War ; Reason therefore dictateth to every man for his own good , to seek after Peace , as far forth as there is Hope to attain the same : and strengthen himselfe with all the help he can procure , for his own defence against those , from whom such Peace cannot be obtained : and to do all those things which necessarily conduce thereunto .

CHAP. II. 1. The Law of Nature consisteth not in consent of men , but reason . 2. That every man devests himself of the Right he hath to all things is one precept of nature . 3. What it is to relinquish and transferr ones Right . 4. The Will to transfer , and the will to accept , both necessary to the passing away of Right . 5. Right not transferred by words , De futuro , onely . 6. Words De futuro , together with other signes of the Will , may transferr Right . 7. Free Gift defined 8. Contract , and the sorts of it . 9. Covenant defined . 10. Contract of mutuall trust , is of no validity in the Estate of Hostility . 11. No Covenant of men but with one another . 12. Covenant how dissolved . 13. Covenant extorted by feare , in the Law of nature , valid . 14. Covenant contrary to former Covenant , voyd . 15. An oath defined . 16. Oath to be administred to every man in his own Religion . 17. Oath addeth not to the Obligation . 18. Covenants binde but to endeavour .

WHat it is we call the Law of Nature , is not agreed upon by those , that have hitherto wtitten . For the most part such writets as have occasion to affirm , that any thing is against the law of Nature , do alledge no more than this , That it is against the consent of all Nations , or the wisest and most civill Nations . But it is not agreed upon , who shall judge which Nations are the Wisest . Others make that against the Law of Nature , which is contrary to the consent of all Mankind , which Definition cannot be allowed , because then no man could offend against the Law of Nature ; for the Nature of every man is contained under the Nature of Mankind . But forasmuch as all men are carried away by the violence of their Passion , and by evill customes , do those things which are commonly said to be against the Law of Nature ; It is not the consent of Passion , or consent in some Errour gotten by Custome , that makes the Law of Nature . Reason is no less of the nature of man then Passion , and is the same in all men , because all men agree in the Will to be directed and governed in the way to that which they desire to attain , namely , their own Good which is the work of Reason , there can therefore be no other Law of Nature then Reason , nor no other Precepts of Natural Law , then those which declare unto us the wayes of Peace , where the same may be obtained , and of Defence where it may not .

2. One Precept of the Law of Nature therefore this is , That every man devest himself of the right he hath to all things by Nature . For when divers men having Right not only to all things else , but to one anothers persons , if they use the same , there ariseth thereby Invasion on the one part , and Resistance on the other , which is War , and therefore contrary to the Law of Nature , the Sum whereof consisteth in making Peace .

3. Wen a man devesteth and putteth from his Right , he either simply relinquisheth it , or transferreth the same to another man . To Relinquish it , is by sufficient signs to declare , that it is his will no more to doe that Action , which of right he might have done before . To Transferre Right to another , is by sufficient signs to declare to that other accepting thereof , that it is his Will not to resist , or hinder him , according to that Right he had thereto before he transferred it . For seeing that by Nature every man hath right to every thing , it is impossible for a man to transfer unto another any right that he had not before . And therefore all that a man doth in transferring of Right , is no more but a Declaring of the Will , to suffer him to whom he hath so transferred his Right , to make benefit of the same , without molestation . As for example , when a man giveth his Lands or Goods to another , he taketh from himself the Right to enter into , and make use of the said Lands or Goods , or otherwise to hinder him of the Use of what he hath given .

4. In transferring of Right , two things therefore are required , One on the part of him that transferreth , which is a sufficient signification of his will therein : The other , on the part of him to whom it is transferred which is a sufficient signification of his Acceptation thereof . Either of these failing the Right remaineth where it was : nor is it to be supposed , that he which giveth his Right to one that accepteth it not , doth thereby simply relinquish it , and transfer it to whomsoever will receive it : in as much as the cause of transferring the same to one , rather then to another , is in the one , rather then in the rest .

5. When there appeare no other Signes that a man hath relinquished , or transferred his Right , but only Words , it behoveth that the same be done in Words , that signifie the present Time , or the time past , and not only the Time to come . For he that saith of the Time to come ( as for example ) to morrow , I will give , declareth evidently , that he hath not yet given . The right therefore remaineth in him to day , and so continues , till he have given actually . But he that saith , I give , presently , or have given to another any thing , to have and enjoy the same to morrow , or any other time future , hath now actually transferred the sayd Right , which otherwise he should have had at the time that the other is to enjoy it .

6. But because words alone are not a sufficient Declaration of the mind , as hath been shewed , Chap. 13. Sect. 8 Words spoken , De Futuro , when the Will of him that speaketh them may be gathered by other Signs , may be taken very often , as if they were meant De Praesenti . For when it appeareth , that he that giveth , would have his words so understood by him to whom he giveth , as if he did actually transfe●r his Right , then he must needs be understood to will all that is necessary to the same .

7. When a man transferreth any right of His to another , without consideration of reciprocal benefit past , present , or to come , this is called Free Gift . And in Free Gift , no other words can be binding , but those which are De Praesenti , or De Praeterito . For being De Futuro only , they transfer nothing , nor can they be understood , as if they proceeded from the will of the Giver ; because being a Free Gift , it carryeth with it no Obligation greater then that which is inforced by the Words . For he that promiseth to give , without any other consideration but his own affection , so long as he hath not given , deliberateth still , according as the causes of the Affections continue , or diminish : And he that deliberateth , hath not yet willed , because the will is the last Act of his deliberation . He that promiseth therefore , is not thereby a Donor , but Doson ; which name was given to that Antiochus , that promised often , but seldome gave .

8. When a man transferreth his Right upon consideration of reciprocal benefit , this is not Free Gift , but mutual Donation , and is called Contract . And in all Contracts , either both Parties presently perform , and put each other into a certainty and assurance of enjoying what they contract for . As when men buy or sell , or barter : Or one Party performeth presently , and the other promiseth , as when one selleth upon Trust : Or else neither Party performeth presently , but trust one another . And it is impossible there should be any kind of Contract besides these three . For either both the Contractors trust , or neither , or else one trusteth , and the other not .

9. In all Contracts where there is trust , the promise of him that is trusted , is called a Covenant . And this though it be a promise , and of the time to come , yet doth it transfer the Right , when that time cometh , no lesse then an actuall Donation . For it is a manifest signe , that he which did perform , understood it was the Will of him that was trusted , to performe also . Promises therefore , upon consideration of reciprocal benefit , are Covenants and signes of the will , or last Act of Deliberation , whereby the liberty of performing , or not performing , is taken away , and consequently are obligatory . For where Liberty ceaseth , there beginneth Obligation .

10. Neverthelesse , in Contracts that consist of such mutual trust , as that nothing be by either Party performed for the present , when the Contract is between such as are not compellable , he that performeth first , considering the disposition of men to take advantage of every thing for their benefit , doth but betray himself thereby to the Covetousnesse or other Passion of Him with whom he contracteth . And therefore such Covenants are of none effect . For there is no reason why the one should performe first , if the other be likely not to performe afterward . And whether he be likely or not , He that doubteth shall be Judge himself , as hath been sayd , Chap. 1. Sect. 8. as long as they remaine in the Estate and Liberty of Nature . But when there shall be such Power Coercive over both the Parties , as shall deprive them of their private Judgements in this point , then may such Covenants be effectuall , seeing he that performeth first shal have no reasonable cause to doubt of the performance of the other , that may be compelled thereunto .

11. And forasmuch as in all Covenants , and Contracts , and Donations , the Acceptance of him to whom the Right is transferred , is necessary to the Essence of those Covenants , Donations , &c. It is impossible to make a Covenant or Donation to any , that by nature , or absence , are unable ; or if able , do not actualty declare their acceptation of the same . First of all therefore , it is impossible for any man to make a Covenant with God Almighty , farther then it hath pleased him to declare who shall receive and accept of the said Covenant in his name . Also it is impossible to make Covenant with those living Creatures , of whose wils we have no sufficient signe , for want of common language .

12. A Covenant to do any action at a certain time and place , is then dissolved by the Covenantor , when that time cometh , either by the Performance , or by the Violation . For a Covenant is void that is once impossible . But a Covenant not to do without time limited , which is as much as to say , a Covenant never to do , is dissolved by the Covenantor then only , when he violateth it or dyeth . And generally , all Covenants are dischargeable by the Covenantee , to whose benefit , and by whose right , he that maketh the Covenant is obliged . This Right therefore of the Covenantee relinquished , is a release of the Covenant . And universally , for the same reason , all Obligations are determinable at the will of the Obliger .

13. It is a Question often moved , Whether such Covenants oblige , as are extorted from men by Fear . As for example , Whether if a man for feare of Death , hath promised to give a Theef an hundred pounds the next day , and not discover him , whether such Covenant be obligatory , or not . And though in some Cases such Covenant may be void , yet it is not therefore void , because extorted by Fear . For there appeareth no reason , why that which we do upon Fear , should be lesse firme then that which we do for Covetousnesse . For both the One and the Other maketh the Action Voluntary . And if no Covenant should be good , that proceedeth from feare of Death , no conditions of Peace betweene Enemies , nor any Laws , could be of Force , which are all consented to from that Fear . For who would lose the liberty that nature hath given him , of governing himselfe by his own will and power , if they feared not Death in the retaining of it ? What Prisoner in War might be trusted to seek his Ransome , and ought not rather to be killed , if he were not tyed by the Grant of his life , to perform his Promise ? But after the Introduction of Policy and Laws , the case may alter , for if by the Law the performance of such a Covenant be forbidden , then he that promiseth any thing to a Theif , not only may , but must refuse to perform it . But if the Law forbid not the performance , but leave it to the will of the Promiser , then is the performance still lawfull ; and the Covenant of things lawfull is obligatory , even towards a Theif .

14. He that giveth , promiseth , or covenanteth to one , and after giveth , promiseth , or covenanteth the same to another , maketh void the later Act. For it is impossible for a man to transfer that Right which he himselfe hath not ; and that Right he hath not , which he himself hath before transferred .

15. An Oath is a clause annexed to a Promise , containing a Renuntiation of Gods mercy by him that promiseth , in case he perform not as far as is lawfull and possible for him to doe . And this appeareth by the words which make the Essence of the Oath , So helpe me God . So also was it amongst the Heathen . And the forme of the Romans was , Thou Jupiter kill him that breaketh , as I kill this Beast . The Intention therefore of an Oath being to provoke Vengeance upon the Breakers of Covenant ; it is to no purpose to sweare by Men , be they never so great , because their punishment by divers Accidents may be avoided , whether they will or no , but Gods Punishment not . Though it were a Custome of many Nations , to sweare by the life of their Princes ; yet those Princes being ambitious of Divine Honour , give sufficient Testimony , that they beleeved , Nothing ought to be sworne by , but the Deity .

16. And seeing men cannot be afraid of the Power they beleeve not , and an Oath is to no purpose , without fear of him they swear by , it is necessary that he that sweareth , doe it in that forme which himself admitteth in his owne Religion , and not in that forme which he useth , that putteth him to the oath . For though all men may know by nature , that there is an Almighty Power , neverthelesse they beleeve not , that they sweare by him in any other form or name , then what their own ( which they think the true ) Religion teacheth them .

17. And by the definition of an Oath , it appeareth , that it addeth not a greater Obligation to perform the Covenant sworne , then the Covenant carryeth in it self , but it putteth a man into greater danger , and of greater punishment .

18 Covenants and Oaths are De Voluntariis , that is , De Possibilibus . Nor can the Covenantee understand the Covenantor to promise Impossibles ; for they fall not under Deliberation : and consequently ( by Chap. 13. Sect. 10. which maketh the Covenanter Interpreter ) no Covenant is understood to bind further , then to our best endervour , either in performance of the thing promised , or in something Equivalent .

CHAP. III. 1. That men stand to their Covenants . 2. Injury defined . 3. That Iniury is done onely to the Covenantee . 4. The signification of those Names , Just , Uniust . 5. Justice not rightly divided into Commutative , and Distributive . 6. It is a Law of Nature , that He that is trusted , turn not that trust to the Damage of Him that trusteth . 7. Ingratitude defined . 8. It is a Law of Nature , to endeavour to accommodate one another . 9. And that man forgive upon caution for the future . 10. And that revenge ought to respect the future onely . 11. That reproach and contempt declared , is against the Law of Nature . 12. That Indifference of Commerce is of the law of nature . 13. That Messengers imployed to procure or maintaine Peace , ought to be safe by the Law of Nature .

IT is a common saying , that nature maketh nothing in vain . And it is most certaine , that as the truth of a conclusion , is no more but the truth of the premises that make it , so the force of the Command , or Law of Nature , is no more then the Force of the Reasons inducing thereunto . Therefore the Law of Nature mentioned in the former Chapter , Sect. 2. namely , That every man should devest himself of the Right , &c. were utterly vaine , and of none effect , if this also were not a Law of the same Nature , That every man is obliged to stand to , and perform , those Covenants he maketh . For what benefit is it to a man that any thing be promised , or given unto him , if he that giveth , or promiseth , performeth not , or retaineth still the Right of taking back what he hath given ?

2. The breach or violation of Covenant , is that which men call Iniury , consisting in some Action or Omission , which is therefore called Uniust . For it is Action or Omission without Jus , or right , which was transferred or relinquish before . There is a great Similitude between that we call Iniury , or Iniustice in the Actions and Conversations of Men in the World , and that which is called Absurd in the arguments and Disputations of the Schools . For as he which is driven to contradict an Assertion by Him before maintained , is sayd to be reduced to an Absurdity ; so he that through passion doth , or omitteth that which before by Covenant he promised to doe , or not to omit , is sayd to commit Injustice : And there is in every breach of Covenant a contradiction properly so called . For he that covenanteth , willeth to do , or omit , in the time to come . And he that doth any Action , willeth it in that present , which is part of the future time contained in the Covenant . And therefore he that violateth a Covenant , willeth the Doing and the not doing of the same thing , at the same time , which is a plaine contradiction . And so Iniury is an Absurdity of conversation , as Absurdity is a kind of Iniustice in Disputation .

3. In all violation of Covenant ( to whom soever accrueth the Damage ) the Iniury is done onely to him to whom the Covenant was made . For example , If a man covenant to obey his Master , and the Master command him to give Money to a Third , which he promiseth to doe , and doth not , though this be to the Damage of the third , yet the Iniury is done to the Master onely . For he could violate no covenant with him with whom none was made , and therefore doth him no Iniury . For Iniury consisteth in violation of covenant , by the definition thereof .

4. The Name of Just , Uniust , Justice , Iniustice ; are Equivocall , and signifie diversly . For Justice and Iniustice , when they be attributed to Actions , signifie the same thing with No Iniury , and Iniury , and denominate the Action Just , or Uniust , but not the Man so . For they denominate him Guilty or Not Guilty . But when Justice or Iniustice , are attributed to Men , they signifie Pronenesse , and Affection , and Inclination of Nature , that is to say , Passions of the minde , apt to produce Just and uniust Actions . So that when a man is sayd to be Just , or Uniust ; not the Action , but the Passion and Aptitude , to do such Actions , is considered . And therefore a Just man may have committed an uniust Act ; and an uniust man may have done iustly , not only one , but most of his actions . For there ts an Oderunt peccare in the uniust as well as in the Just , but from different Causes . For the uniust man who abstaineth from Iniuries for fear of punishment , declareth plainly , that the Justice of his Actions dependeth upon Civill Constitution , from whence punishments proceed , which would otherwise in the Estate of Nature be uniust , according to the Fountaine from whence they spring . This distinction therefore of Justice and Iniustice , ought to be remembred , that when Iniustice is taken for Guilty , the Action is uniust , but not therefore the Man ; and when Justice is taken for Guiltlesness , the Actions are iust , and yet not alwayes the Man . Likewise when Justice and Iniustice are taken for habits of the mind , the Man may be iust , or uniust , and yet not all his Actions so .

5. Concerning the Justice of Actions , the same is usually divided into two kinds , wherof men call the one Commutative , and the other Distributive ; and are sayd to consist , the one in proportion Arithmetical , the other in Geometrical : And Commutative Justice , they place in Permutation , as Buying , Seling , and Barter ; Distributive , in giving to every man according to their deserts . Which distinction is not well made , in as much as Iniury , which is the Iniustice of Action , consisteth not in the Inequality of the things changed , or distributed , but in the Inequality that men ( contrary to nature and reason ) assume unto themselves above their Fellowes . Of which Inequality , shall be spoken hereafter . And for Commutative Justice placed in Buying and Selling , though the thing bought be unequall to the price given for it ; yet for as much as both the Buyer and the seller are made Judges of 〈◊〉 Value , and are thereby both satisfied , there can be no Iniury done on either side , neither Party having trusted , or covenanted with the other . And for Distributive Justice , which consisteth in the Distribution of our own benefits , seeing a thing is therfore said to be our own , because we may dispose of it at our own pleasure , it can be no Iniury to any man , though our liberality be farther extended towards another , then towards him ; unlesse we be thereto obliged by Covenant : and then the Iniustice consisteth in the Violation of that Covenant , and not in the Inequality of Distribution .

6. It happeneth many times , that man benefitteth , or contributeth to the Power of another , without any Covenant , but onely upon confidence and trust of obtaining the grace and favor of that other , whereby he may procure a greater , or no lesse benefit and assistance to himselfe . For by necessity of Nature , every man doth in all his voluntary Actions intend some good unto Himself . In this Case it is a Law of nature , That no man suffer him , that thus trusteth to his Charity , or good affection towards him , to be in the worse Estate for his trusting . For if he shall so do , men will not dare to confer mutually to each others defence , nor put themselves into each others mercy , upon any tearmes whatsoever , but rather abide the utmost and worst even of Hostility , by which general diffidence , men will not only be inforced to Warr , but also afraid to come so much within the danger of one another , as to make any Overture of Peace . But this is te be understood of those onely , that confer their benefits ( as I have sayd ) upon trust onely , and not for tryumph or ostentation . For as when they do it upon trust , the End they aimed at , namely to be well used , is the Reward ; so also when they do it for Ostentation , they have the Reward in themselves .

2. But seeing in this Case there passeth no Covenant , the breach of this Law of nature is not to be called Iniury . It hath another Name , to wit , Ingratitude .

8. It is also a Law of Nature . That every man do help and endeavor to accommodate each other as far as may be , without danger of their Persons , and losse of their Means , to maintaine and defend themselves . For seeing the Causes of Warr and Desolation proceed from those Passions , by which we strive to accommodate our selves , and to leave others as far as we can behind us , it followeth , that tha● Passion by which we strive mutually to accommadate each ather , must be the cause of Peace . And this Passion is that Charity defined , Chap. 9. Sect. 17.

9. And in this Precept of Nature , is included and comprehended also this , That man forgive and pardon him that hath done him wrong , upon his repentance and caution for the Future . For Pardon , is Peace granted to him that ( having provoked to War ) demandeth it . It is not therefore Charity , but Feare , when a man giveth Peace to him that repenteth not , nor giveth caution for maintaining thereof in the time to come . For he that repenteth not , remaineth with the affection of an Enemy ; as also doth he that refuseth to give caution , and consequently , is presumed not to seek after Peace , but advantage . And therefore to forgive Him is not commanded in this Law of nature , nor is Charity , but may sometime be prudence . Otherwise , not to pardon upon repentance and caution , considering men cannot abstain from provoking one another , is never to give Peace . And that is against the generall definition of the Law of Nature .

10. And seeing the Law of Nature commandeth Pardon , when there is repentance and caution for the Future , it followeth , that the same Law ordaineth , That no Revenge be taken upon the consideration only of the offence past , but of the benefit to come , that is to say , That all Revenge ought to tend to amendment , either of the Person offending , or of others , by the example of his punishment ; which is sufficiently apparent , in that the Law of Nature commandeth Pardon , where the future time is secured . The same is also apparent by this , That revenge when it considereth the offence past , is nothing else , but present Triumph and Glory , and directeth to no End : and what is directed to no end , is therefore unprofitable ; and consequently the Triumph of Revenge , is Vain-Glory : And whatsoever is vain , is against Reason ; and to hurt one another without Reason , is contrary to that , which by supposition is every mans Benefit , namely Peace , and what is contrary to peace , is contrary to the Law of Nature .

11. And because all signs which we shew to one another of Hatred and Contempt , provoke in the highest degree to Quarrell and Battel , ( in as much as Life it self , with the condition of enduring scorn , is not esteemed worth the enjoying , much lesse Peace ) it must necessarily be implyed as a Law of Nature , That no man reproach , revile , deride , or any otherwise declare his Hatred , Contempt , or Disesteem of any other . But this Law is very little practised . For what is more ordinary then reproaches of those that are rich , towards them that are not ? or of those that sit in place of Judicature , towards those that are accused at the Bar ? although to greive them in that manner , be no part of the punishment for their Crime , nor contained in their Office . But Use hath prevailed , That what was lawful in the Lord towards the Servant whom he maintaineth , is also practised a● lawful in the more Mighty towards the lesse though they contribute nothing towards their maintenance .

12. It is also a Law of Nature , That one man allow Commerce and Traffick indifferently to one another . For he that alloweth that to one man , which he denyeth to another , declareth his hatred to Him , to whom he denyeth . And to declare Hatred , is Warr . And upon this title was grounded , the great War between the Athenians , and the Peloponnesians . For would the Athenians have condescended to suffer the Megareans , their Neighbours , to traffick in their Ports , and Markets , that War had not begun .

13. And this also is a Law of Nature , That all Messengers of Peace , and such as are imployed to procure and maintaine Amity between Man and Man , may safely come and goe . For seeing Peace is the general Law of Nature , the meanes thereto ( such as are these men ) must in the same Law be comprehended .

CHAP. IV. 1. A Law of Nature , that every man acknowledge other for his Equal . 2. Another , That men allow aequalia aequalibus . 3. Another , that those things which cannot be divided , be used in common . 4. Another , That things indivisible and incommunicable , be divided by Lot . 5. Natural Lot , Primogeniture , and first possession . 6. That men submit to arbitration . 7. Of an Arbitrator . 8. That no man presse his counsel upon any man against his will . 9. How to know suddenly what is the Law of Nature . 10. That the Law of Nature taketh place after security from others to observe the same . 11. The Right of Nature not to be taken away by Custome , nor the Law of Nature abrogated by any Act. 12. Why the Dictates of Nature are called Lawes . 13. Whatsoever is against Conscience in a man that is his owne Judge , is against the Law of Nature . 14. Of Malum Poenae , Malum Culpae ; Virtue and Vice . 15. Aptitude to society , fulfilleth the Law of Nature .

THe Question which is the Better man , is determinable onely in the Estate o● Government and Policy , though it be mistaken for a Question of Nature , not onely by Ignorant men , that thinke One man Blood better then Anothers by Nature , but also by Him , whose Opinions are at this day and in these parts , of greater authority then any other humane writings . For he puttet so much difference between the Powers 〈◊〉 men by Nature , that he doubteth not to s● down as the ground of all his Politick , That some men are by Nature worthy to govern and Others by Nature ought to serve Which Foundation hath not only weakne● the whole Frame of his Politicks , but hath also given men Colour and Pretences , whereby to disturb and hinder the Peace of one another . For though there were such a Difference of Nature , that Master and Servant were not by consent of men , but by Inherent Virtue , yet who hath that Eminency of Virtue above others and who is so stupid , as not to govern himself , shall never be agreed upon amongst men , who do every one naturally think himself , as able , at the least to govern another , as another to govern him . And when there was any contention between the Finer and the Courser Wits , ( as there hath been often in Times of Sedition and Civill War ) for the most part , these latter carried away the Victory ; and as long as men arrogate to themselves more Honour then they give to others , it cannot be imagined , how they can possibly live in Peace : and consequently we are to suppose , that for Peace sake , Nature hath ordained this Law , That every man acknowledg other for his Equall . And the Breach of this Law , is that we call Pride .

2. As it was necessary that a man should not retain his Right to every thing , so also was it , that he should retain his right to some Things ; to his own Body ( for example ) the Right of Defending , whereof he could not transfer ; To the Use of Fire , water , Free Aire , and Place to live in , and to all things necessary for Life . Nor doth the Law of Nature command any devesting of other Rights , then of those only which cannot be retained without the losse of Peace . Seeing then many Rights are retained , when we enter into peace one with another , Reason and the Law of Nature dictateth , Whatsoever Right any man requireth to retain , he allow every other man to retain the same . For he that doth not so , alloweth not the Equality mentioned in the former Section . For there is no acknowledgement of Worth , without attribution of the Equality of Benefit and Respect . And this allowance of aequalia aequalibus , is the same thing with the allowing of Proportionalia Proportionalibus . For when a man alloweth to every man a like , the allowance he maketh , will be in the same proportion , in which are the Numbers of men to whom they are made . And this is it men mean by distributive Justice , and is properly termed Equity . The Breach of this Law is that which the Greeks call {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} , which is commonly rendred coveteousness , but seemeth to be more precisely expressed by the word Incroaching .

3. If there passe no other Covenant , the Law of Nature is , That such things as cannot be divided , be used in common , proportionably to the numbers of them that are to use the same , or without Limitation , when the Quantity thereof sufficeth . For first supposing the thing to be used in common , not sufficient for them , that are to use it without Limitation , if a few shall make more use thereof then the rest , that equality is not observed , which is required in the second Section . And this is to be understood , as all the rest of the Laws of Nature , without any other Covenant antecedent : for a man may have given away his Right of Common , and so the case be altered .

4. In those things which neither can be divided , nor used in common , the Rule of Nature must needs be one of these , Lot , or Alternate use : for besides these two wayes , there can no other equality be imagined ; and for alternate Use , he that beginneth , hath the advantage ; and to reduce that advantage to Equality , there is no other way but Lot . In things therefore indivisible and incommunicable , it is the Law of Nature , That the Use be alternate , or the Advantage given away by Lot ; because there is no other way of Equality . And Equality is the Law of Nature .

5. There be two sorts of Lots ; One Arbitrary , made by men , and commonly knowne by the Names of Lot , Chance , Hazard , and the like ; and there is Natural Lot , such as is Primogeniture , which is no more but the Chance , or Lot , of being first born , which it seemeth they considered , that call Inheritance by the name of Kleronomia , which signifieth Distribution by Lot . Secondly , Prima occupatio , first feizing , or finding of a thing whereof no man made Use before , which for the most part also is meerly Chance .

6. Although men agree upon these Laws of Nature , and endeavour to observe the same ; yet considering the Passions of men , that make it difficult to understand by what actions , and circumstances of Actions , those Laws are broken , there must needs arise many great controversies about the Interpretation thereof , by which the peace must need● be dissolved , and men return again to their former estate of hostility . For the taking away of which Controversies , it is necessary that there be some common Arbitrator and Judge , to whose sentence , both the Parties to the Controversies ought to stand . And therefore it is a Law of Nature , That in every Controversie , the Parties thereto ought mutual●● to agree upon an Arb●trator , whom they bot● trust , and mutually to covenant to stand to the Sentence he shall give ther●in . For where every man is his own Judge , there properly is no Judg at all ; as wh●re every man ca●veth out his own right , it hath the same effect , as if there were no right at all : and where is no Judge , there is no End of Controversie ▪ And therefore the Right of Hostility remaineth .

7. An Arbitrator therefore , or he that is Judge , is trusted by the Parties to any controversie , to determine the same by the Declaration of his own Judgement therein . Out of which followeth first , that the Judge ought not to be concerned in the Controversie he endeth ; for in that case he is a Party , and ought by the same Reason to bee judged by another . Secondly , that he maketh no Covenant with either of the Parties , to pronounce sentence for the One , more then for the Other . Nor doth he covenant so much , as that his sentence shall be just ; for that were to make the Parties Judges of the Sentence , whereby the Controversie would remaine still undecided . Neverthelesse for the Trust reposed in him , and for the Equality which the law of nature requireth him to consider in the Parties , he violateth that Law , if for favour , or hatred to either party , he give other sentence then he thinketh Right . And thirdly , that no man ought to make himself Judge in any Controversie between others , unlesse they consent and agree thereto .

8. It is also the Law of Nature , That no man obtrude or presse his Advice or Counsell to any man , that declareth himselfe unwil●ing to heare the same . For seeing a man taketh Counsel concerning what is Good or Hurt of himself onely , and not of his Counsellor , and that Counsel is a Voluntary Action , and therefore tendeth also to the good of the Counsellor , there may be often iust cause to suspect the Counsellor : and though there be none , yet seeing Counsell unwillingly heard , is a needlesse offence to him that is not willing to hear it , and offences tend all to the Breach of Peace , it is therefore against the Law of Nature to obtrude it .

9. A man that shall see these Lawes of Nature set down and inferred with so many words , and so much adoe , may think there is yet much more difficulty and subtilty required to acknowledge and do according to the said Laws in every sudden occasion , when a man hath but a little time to consider . And while we consider man in most passions , as of Anger , Ambition , Coveteousness , Vain-Glory , and the like , that tend to the excluding of natural Equality , it is true . But without these Passions , there an easie rule to know upon a sudden , whether the Action I be to do , be against the Law of Nature , or not . And it is but this ; That a man imagine Himself in the Place of the Party with whom He hath to do , and reciprocally him in His . Which is no more but a changing ( as it were ) of the Scales . For every mans Passion weigheth heavy in his owne Scale , but in the Scale of his Neighbour . And this Rule is very well knowne and expressed in this Old Dictate , Quod tibi fieri non vis , alteri ne feceris .

10. These Lawes of Nature , the Sum whereof consisteth , in forbidding us to be our own Judges , and our own Carvers , and in commanding us to accommodate one another ; In case they should be observed by some , and not by others , would make the Observers but a prey to them that should neglect them , leaving the good both without Defence against the Wicked , and also with a Charge to assist them : which is against the scope of the said Lawes , that are made only for the protection , and defence of them that keepe them . Reason therefore , and the Law of Nature over and above all these particular Lawes , doth dictate this Law in general , That those particular Lawes be so far observed , as they subi●ct us not to any Incommodity , that in ou● owne Judgments may arise , by the neglect thereof in those towards whem we observe them ; and consequently requireth no more , but the Desire and constant Intention to endeavour , and be ready to observe them , unlesse there be cause to the contrary in other mens refusall to observe them towards us . The Force therefore of the Law of Nature , is not in foro externo , till there be security for men to obey it , but is alwaies In foro interno , wherein the Action of obedience being unsafe , the Will and Readiness to performe , is taken for the Performance .

11. Amongst the Lawes of Nature , Customes and Prescriptions are not numbred . For whatsoever Action is against Reason , though it be reiterated never so often , or that there be never so many Precedents thereof , is still against Reason , and therefore not a Law of Nature , but contrary to it . But consent and Covenant may so alter the Cases , which in the Law of Nature may be put by changing the Circumstances , that that which was Reason before , may afterwards be against it ; and yet is Reason still the Law . For though every man be bound to allow equally to another , yet if that other shall see cause to renounce the same , & make himself inferior , then , if from thenceforth he consider him as inferior , he breaketh not thereby that Law of Nature , that commandeth to allow● Equallity . In sum , A mans owne Cons●nt may abridge him of the liberty which the Law of Nature leaveth him , but custome not ; nor can either of them abrogate either these , or any other Law of Nature .

12. And forasmuch as Law ( to speake properly ) is a Command , and these Dictates as they proceed from Nature , are not Commands , they are not therefore called Laws , in respect of Nature , but in respect of the Author of Nature , God Almighty .

13. And seeing the Laws of Nature concern the Conscience , not he only breaketh them that doth any Action contrary , but also he whose action is conformable to them , in case he think it contrary . For though the Action chance to be right , yet in his Judgment he despiseth the Law .

14. Every man by naturall passion , calleth that Good which pleaseth him for the present , or so far forth as he can foresee ; and in like manner , that which displeaseth him , Evil . And therefore he that foreseeth the whole way to his Proservation , ( which is the End that every one by nature aymeth at , ) must also call it good , and the contrary evil . And this is that Good and Evil , which not every man in passion calleth so , but all men by Reason . And therefore the fulfilling of all these Laws is Good in Reason , and the breaking of them Evill . And so also the habit , or disposition , or intention to fulfill them Good ; and the Neglect of them Evill . And from hence cometh that Distinction of Malum Poen● , and Malum Culpae , ; for Malum P●n● is any pain or molestation of the Mind whatsoever ; but Malum Culpae is that action which is contrary to Reason , and the Law of Nature : As also the habit of doing according to these and other Laws of Nature , that tend to our preservation , is that wee call Virtue , and the Habit of doing the contrary , Vice . As for Example , Justice is that Habit by which we stand to Covenants , Iniustice the contrary Vice ; Equity that Habit by which we allow Equality of Nature , Arrogancy the contrary Vice ; Gratitude the Habit whereby we requite the Benefit and trust of others , Ingratitude the contrary Vice ; Temperance the Habit , by which wee abstain from all things that tend to our Destruction , Intemperance the contrary Vice ; Prudence the same with Virtue in general . As for the common opin●on , that Virtue consisteth in Mediocrity and Vice in extreames , I see no ground for it , nor can find any such Mediocrity . Courage may be Virtue , when the Daring is Extream , if the Cause be Good ; and extream fear no Vice , when the danger is Extream . To give a man more then his Due , is no iniustice , though it be to give him less : and in Gifts , it is not the sum that maketh liberality , but the reason . And so in all other Virtues and Vices . I know that this Doctrine of Mediocrity is Aristole's , but ●is Opinions concerning Virtue and Vice , are no other then those which were received then , and are still by the generality of men , unstudyed , and therefore not very likely to be accurate .

15. The Sum of Virtue is to be Sociable with them that will be Soc●able , and Formidable to them that will not . And the same is the Sum of the Law of Nature : For in being Sociable , the Law of Nature taketh place by the way of Peace and Societie ; and to be Formidable , is the Law of Nature in War , where to be feared is a Protection a man hath from his own Power : and as the ●ormer consisteth in Actions of Equity and Justice , the latter consisteth in Actions of Honour . And Equity , Justice , and Honour , contain all virtues whatsoever .

CHAP. V. A Confirmation out of holy Scripture of the principall points mentioned in the two last Chapters concerning the Law of Nature .

THe Lawes mentioned in the former Chapters , as they are called the Lawes of Nature , for that they are the Dictates of Naturall Reason , and also Morall Lawes , because they concern the Manners and Conversation , one towards another , so are they also Divine Lawes in respect of the Author thereof , God Almighty ; and ought therefore to agree , or at least not to be Repugnant to the Word of God , revealed in Holy Scripture . In this Chapter therefore , I shall produce such places of Scripture , as appear to be most consonant to the said Lawes .

2. And first , the Word of God seemeth to place the Divine Law in Reason , by all such Texts as ascribe the same to the Heart and understanding ; as Psal. 40.8 . Thy Law is in my Heart : Heb. 8.10 . After those Dayes saith the Lord , I will put my Lawes in their Mind . And Heb. 10.16 . The same Psal. 37.31 . speaking of the Righteous man he saith , The Law of God in his Heart , Psal. 19.7 , 8. The Law of God is perfect , converting the soul . It giveth Wisdome to the simple , and light unto the eyes . Jer. 31.33 . I will put my Law in their inward parts , and write it in their Hearts . And Joh. 1. The Law-giver Himself , God Almighty , is called by the Name of {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} , which is also called , ver. 4. The Light of men . And vers. 9. The light which lighteth every man which cometh in●o the World . All which are Descriptions of Naturall Reason .

3. And that the Law Divine , for so much as is Morall , are those Precepts which tend to Peace , seemeth to be much confirmed by such places of Scripture , as these , Rom 3.17 . Righteousnesse ( which is the fufilling of the Law ) is called , The way of Peace . And Psa. 85.10 . Righteousness and Peace shall kiss each other . And Matth. 5.9 . Blessed are the Peacemakers . And Heb. 7.2 . Melchisedeck King of Salem , is interpreted King of Righteousness , and King of Peace . And ver. 21. Our Saviour Christ is said to be , a Preist for ever after the order of M●lchisedeck : Out of which may be inferred , that the Doctrine of our Saviour Christ annexeth the Fulfilling of the Law to peace .

4. That the Law of Nature is unalterable , is intimated by this , that the Preisthood of Melchisedeck is everlasting ; and by the Words of our Saviour , Matth. 5.18 . Heaven and Earth , shall passe away , but one jot , or tittle of the Law shall not passe till all things be fulfilled .

5. That Men ought to stand to their Covenants , is taught , Psal. 15. Where the Question being asked , vers. 1. Lord , who shall dwell in thy Tavernacle , &c. It is answered , vers. 4. He that sweareth to h●s own hinderance , and yet changeth not . And that men ought to be gratified , where no Covenant passeth , Deut. 25.4 . Thou shalt not muzzle the Ox that treadeth out the Corn , which S. Paul , 1 Cor. 9.9 . interpreteth not of Oxen but of Men .

6. That men content themselves with Equality , as it is the Foundation of Natural Law , so also is it of the second Table , of the Divine Law , Matth. 22 39.40 . Thou shalt love thy Neighbour as thy self . On these two Laws depend the whole Law and the Prophets ; which is not so to be understood , as that a man should study so much his Neighbours profit as his own , or that he should divide his Goods amongst his Neighbours ; but that he should esteem his Neighbour worthy all Rights and Priviledges that himself enjoyeth ; and attribute unto him , whatsoever he looketh should be attributed unto himself : which is no more , but that he should be humble , meck , and content with Equality .

7. And that in Distributing of Right amongst Equalls , that Distribution is to be made according to the Proportions of the Numbers , which is the giving of aequalia aequalibus , & proportionalia proportionalibus ; we have , Numb. 26.53.54 . the Commandement of God to Moses ; Thou shalt divide the land according to the Number of Names ; to many thou shalt give more , to few thou shall give lesse , to every one according to his Number . That Decision by Lot is a Means of Peace . Prov. 18.18 . The lot causeth contention to cease , and maketh Partition among the Mighty .

8. That the Accommodation and forgiveness of one another , which have before been put for Lawes of Nature , are also Law Divine , there is no Question . For they are the Essence of Charity , which is the Scope of the whole Law , that we ought not to repr●ach , or reprehend one another , is the Doctrine of our Saviour , Matth. 7.1 . Judge not that ye be not judged . vers. 3. Why seest thou the Mote that is in thy Brothers eye , and seest not the Beam that is in thine own eye ? Also the Law that forbiddeth us to press our Councell upon others further then they admit , is a Divine Law . For after our Charity and desire to rectifie one another is rejected , to presse it farther , is to reprehend him , and condemn him , which is forbidden in the text last recited ; as also Rom. 14.12 . Every one of us shall give account of himself to God . Let us not therefore judge one another any more , but use your Judgment rather in this , that no man put an occasion to fall , or a stumbling block before his Brother .

9. Farther , The Rule of men concerning the Law of Nature , Quod tibi fieri non vis , alteri ne feceris , is confirmed by the like , Matth. 7.12 . Whatsoever therefore you would have men do unto you , that do you unto them : for this is the Law and the Prophets . And Rom. 2.1 . In that thou judgest another , thou condemnest thy self , &c.

10. It is also manifest by the Scriptures , That these Laws concern only the Tribunall of our Conscience ; and that the Actions contrary to them , shall be no farther punished by God Almighty , then as they proceed from Negligence , or Contempt . And first that these Lawes are made to the Conscience , appeareth , Matth. 5.20 . For I say unto you , Except your Righteousnesse exceed the Righteousnesse of the Scribes and Pharisees , ye shall not enter into the Kingdome of Heaven . Now the Pharisees were the most exact among the Jews in the external performance ; they therefore must want the sincerity of Conscience ; else could not our Saviour have required a greater Righteousnesse then theirs . For the same Reason our Saviour Christ saith , The Publican departed from the Temple iustified rather then the Pharisee . And Christ saith , his Yoke is easie , & his Burthen Light , which proceedeth from this , that Christ required no more then our best Endeavour . And Rom. 14.23 . He that doubteth is condemned , if he eat . And in innumerable places both in the Old and New Testament , God Almighty declareth , that he taketh the Will for the Deed , both in Good and Evill Actions . By all which it plainly appears , that the Divine Law is dictated to the Conscience One the other side is no less plain ; that how many and hainous actions soever a man commit through Infirmity , he shall nevertheless , whensoever he shall condemn the same in his own Conscience , be freed from the punishments that to such actions otherwise belong . For at what time soever a sinner doth repent him of his sinns from the bottome of his Heart , I will put all his Iniquties out of my remembrance , saith the Lord .

11. Concerning Revenge which by the Law of Nature ought not to aym ( as I have sayd , Chap. 3. Sect 10. ) at present delight , but future profit , there is some difficulty mad● , as if the same accorded not with the Law Divine , by such as obiect the continuance of punishment after the Day of Judgement , when there shall be no place , neither for amendment nor for example . This Obiection had been of some force , if such punishment had been ordained after all sinnes were past ; but considering the punishment was instituted before sinne , it serveth to the benefit of Mankinde , because it keepeth men in peaceable and virtuous conversation by the terrour . And therefore such Revenge was directed to the Future only .

12. Finally , There is no Law of Natural Reason that can be against the Law Divine : for God Almighty hath given Reason to a man to be a Light unto him . And I hope it is no Impiety to think , that God Almighty will require a strict Account thereof , at the Day of Judgment , as of the Instructions which we were to follow in our Peregrination here , notwithstanding the opposition and affronts of supernaturalists now adayes , to rationall and morall Conversation .

CHAP. VI . 1. That men notwithstanding these Lawes , are still in the State of War , till they have security one against another . 2. The Law of Nature in War , is nothing but Honour . 3. No Security without the Concord of many . 4. That Concord of many cannot be maintained without power to keep them all in awe . 5. The cause why Concord remaineth in a multitude of some irrationall Creatures , and not of men . 6. That Vnion is necessary for the maintaining of Concord . 7 How Union is made . 8. Body politick defined . 9. Corporation defined . 10. Soveraign Subiect defined . 11. Two sorsts of Bodies Politick , Patrimonia , and Common Wealth .

IN Chap. 12. Sect. 16. of the treatise of human Nature , it hath been shewed that the Opinions men have of the Rewards and Punishments which are to follow their Actions , are the Causes that make and govern the Will to those Actions . In this Estate of man therefore , wherein all men are equal , and every man allowed to be his own Judge , the Fears they have one of another are equal , and every mans hopes consist in his own sleight and strength : & consequently when any man by his natural passion , is provoked to break these Lawes of Nature , there is no security in any other man of his own Defence but Anticipation . And for this cause , every mans right ( howsoever he be inclined to peace ) of doing whatsoever seemeth good in his own eyes , remaineth with him still , as the necessary means of his Perservation . And therefore till there be security amongst men for the keeping of the Law of Nature one towards another , men are still in the Estate of war , and nothing is unlawfull to any man that tendeth to his own safety or Commodity : And this safety and commodity consisteth in the mutuall ayd and Help of one another , whereby also followeth the mutuall Fear of one another .

2. It is a proverbiall saying , Inter arma silent Leges . There is little therefore to be said concerning the Lawes that men are to observe one towards another in Time of War , wherein every mans Being and W●ll-being is the rule of his Actions . Yet thus much the Law of Nature commandeth in War , that men satiate not the cruelty of their present Passions , whereby in their own Conscience they foresee no benefit to come . For that betrayeth not a necessity , but a disposition of the mind to war , which is against the Law of Nature . And in old Time we read , that Rapine was a Trade o● life , wherein nevertheless many of them ●hat used it , did not only spare the lives of those they invaded , but left them also such things , as were necessary to preserve that life which they had given them ; as namely , their Oxen and Instruments for Tillage , though they carried away all their other Cattel and substance . And as the Rapine it self was warranted in the Law of Nature , by the want of security otherwise to maintain themselves , so the exercise of cruelty was forbidden by the same Law of Nature , unless Fear suggested any thing to the contrary . For nothing but Fear can just●fie the taking away of anothers life . And because Fear can hardly be made manifest , but by some Action dishonorable , that bewrayeth the Conscience of ones own Weakness , all men , in whom the Passion of Courage or Magnanimity hath been Predominant , have abstained f●om cruelty , insomuch , that though there be in War no Law , the breach wherof is Iniury , yet there are in War those Lawes the breach whereof is dishonour . In one word therefore , the only Law of Actions in War , is Honour , and the Right of War , Providence .

3. And seeing Natural ayd is necessary for Defence , as mutual fear is necessary for Peace , wee are to consider how great Ayds are required for such Defence , and for the causing of such mutual fear , as men may not easily adventure on one another . And first it is evident , that the mutual Ayd of two or three men is of very little security . For the odds on the other side , of a man or two , giveth sufficient encouragement to an assault . And therfore before men have sufficient security in the help of one another , their number must be so great , that the Odds of a few which the enemie may have , be no certaine and sensible advantage .

4. And supposing how great a number soever of men assembled together for their mutual defence , yet shall not the effect follow , unless they all direct their Actions to one and the same End ; which direction to one and the same End is that , which Chap. 12. Sect. 7. is called Consent . This consent ( or concord ) amongst so many men , thoug● it may be made by the fear of a present Invader , or by the hope of a present Conquest , or Bootie , and endure as long as that action endureth , nevertheless , by the Diversity of Judgements and Passions in so many men contending naturally ●or honour and advantage one above another ; it is impossible , not only that their consent to ayd each other against an enemie , but also that the Peace should last between themselves , with out some mutual and common fear to rule them .

5. But contrary hereunto may be obiected , the experience we have of certain living Creatures irrational , that nevertheless continually live in such good Order and Government for their common benefit , and are so free from Sedition & War amongst themselves , that for Peace , Profit , and Defence , nothing more can be imaginable . And the Experience we have in this , is in that little Creature the Bee , which is therefore reckoned amongst Animalia Politica . Why therefore may not men that foresee the Benefit of Concord , continually maintain the same without compulsion , as well as they ? To which I answer , That amongst other living Creatures , there is no Question of Precedence in their owne Species , nor strife about Honour , or acknowledgement of one anothers wisdome , as there is amongst Men , from whence arise Envie and Hatred of one towards another , and from thence Sedition and War . Secondly , those living Creatures aim every one at Peace , and Food common the Will of Man being voluntary , but the Beginning of Voluntary actions , is not subject to Deliberation and Covenant , yet when a man covenanteth to subject his Will to the command of another , he obligeth himself to this , that he resigne his strength and meanes to him , whom he covenanteth to obey . And hereby he that is to command , may by the use of all their means & strength , be able by the terrour thereof , to frame the Will of them all to Unity and Concord , amongst themselves .

8. This Union so made , is that which men call now adayes , A Body Politick , or Civil Society and the Greeks call it {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} , that is to say , a City , which may be defined to be a multitude of men , united as one Person , by a common power , for their common Peace , Defence and Benefit .

9 And as this Union into a City or Body Politick , is instituted with common Power over all ther particular Persons , or Members thereof , to the common good of them all , so also may there be amongst a multitude of those Members instituted , a subordinate Union of certain men , for certain common actions to be don by those men for some commo● Benefit of theirs , or of the whole City ; a● for subordinate Government , for Counsell for Trade , and the like . And these Subordinate Bodies Politick are usually calle●Corporations ; and their power such over the particulars of their own Society , as the whole City whereof they are Members have allowed them .

10. In all Cities , or Bodies politick not Subordinate , but Independent , that One man , or one Councell , to whom the particular Members have given that common Power , is called their Soveraign , and his power the Soveraign power ; which consisteth in the power and the strength , that every of the Members have transferred to him from themselves by Covenant And because it is impossible for any man really to transfer his own strength to another , or for that other to receive it , it is to be understood , that to transfer a mans power and strength , is no more , but to lay by or relinquish his own Right of Resisting him to whom he so transferreth it . And every Member of the Body Politick , is called a Subiect , to wit , to the Soveraign .

11. The cause in generall , which moveth a man to become subiect to another , is ( as I have sayd already ) the fear of not otherwise preserving himself . And a man may subiect himself to him that invadeth , or may invade him , for fear of him ; or men may joyne amongst themselves , to subject themselvs to such as they shall agree upon for fear of others , and when many men subject themselves the former way , there ariseth thence a Body politick , as it were naturally . From whence proceedeth Dominion , Paternal , and Despotique . And when they subiect themselves the other way , by mutual agreement amongst many , the Body politick they make , is for the most part called a Common Wealth in distinction from the former , though the name be the generall name for them both . And I shall speak in the first place of Common wealths , and afterward of Bodies politick , Patrimoniall , and despotical .

The Second part .

CHAP. I. 1. Introduction . 2. A Multitude before their Union , &c. 3. Expresse Consent of every particular , &c. 4. Democratical , Aristocraticall , Monarchiall Union , may be instituted for ever , or , &c. 5. Without security no private Right relinquished . 6. Covenants of Government without Power of Coertion are no Security . 7. Power coercive , &c. 8. The Sword of War , &c. 9. Decision in all Debates &c. annexed to the Sword . 10. Laws Civil , &c. 11. Appointment of Magestrates , &c. 12. Soveraign Power includeth Impunity . 13. A supposed Common Weal●h , where Lawes are made first , and the Common-Wealth after . 14. The same refelled . 15. Mixt Formes of Government sup●osed in Soveraignty . 16. That refelled . 17. Mixt Government , &c. 18. Reason and Experience to prove absolute Soveraignty some where in all Common Wealths . 19. Some principal , &c. marks of Soveraignty .

IN that Treatise of humane nature which was formerly printed , hath been wholly spent in the consideration of the naturall power , and the Natural Estate of Man , namely , of his cognition and Passions in the first eleven Chapters , and how from thence proceed his Actions ; in the Twelfth , how men know one anothers minds : In the last , in what Estate Mens passions set them . In the first Chapter of this Treatise , what Estate they are directed unto by the Dictates of reason , that is to say , what be the principall Articles of the Law of Nature , in the 2.3.4.5 . And lastly , how a multitude of persons Naturall , are united by Covenants into one person civil , or Body Politick . In this part therefore shall be considered , the Nature of a Body politick , and the Lawes thereof , otherwise called Civill Laws . And whereas it hath been sayd in the last Chapter , and last Section of the former part , that there be two wayes of erecting a Body politick ; One by Arbitrary Institution of many men assembled together which is like a creation out of nothing by humane Wit ; the other by Compulsion , which is as it were a Generation thereof out of natural force ; I shall first speak of such erection of a Body politick , as proceedeth from the Assembly and consent of a Multitude .

2. Having in this place to consider , a multitude of men about to unite themselves into a Body politick , for their security , both against one another , and against common Enemies , and that by Covenants , the knowledge of what Covenants they must needs make , dependeth on the Knowledge of the persons , and the knowledge of their end . First , for their persons they are many , and ( as yet ) not one ; nor can any Action done in a multitude of People met together , be attributed to the multitude , or truly called the Action of the multitude , unless every mans Hand , and every mans Will , ( not so much as one excepted ) have concurred thereto . For Multitude , though in their persons they run together , yet they concur not alwaies in their Designes . For even at that time when men are in tumult , though they agree a number of them to one mischeife , and a number of them to one another ; yet in the whole , they are amongst themselves in the state of Hostility , and not of Peace ; like the seditious Jews besieged in Jerusalem , that could joyn against their enemies , and fight amongst themselves . Whensoever therefore any man saith , that a number of men hath done any Act , it is to be understood , that every particular man in that number hath consented therunto , and not the greatest part only . Secondly , Though thus assembled with intention to unite themselves , they are yet in that Estate in which every man hath right to every thing , and consequently as hath been sayd , Chap. 1. Sect. 10. in an Estate of inioying nothing . And therefore Meum & Tuum , hath no place amongst them .

3. The first thing therefore they are to do is expresly , every man to consent to something by which they may come neer to their Ends , which can be nothing else imaginable , but this , that they allow the Wills of the maior part of their whole number , or the Wills of the maior part of some certain number of men by them determined and named ; or lastly , the Will of some one man , to involve and be taken for the Wllis of every man . And this done they are united , and a Body Politick . And if the maior part of their whole Number be supposed to involve the Wills of all the particulars , then the wills of the particulars , then are they said to be a Democracie , that is to say , a Government wherein the whole Number , or so many of them as please , being assembled together , are the Soveraign , and every particular man a Subject . If the major part of a certain number of men named or distinguished from the rest , be supposed to involve the wills of every one of the particulars , then are they said to be an Oligarchy , or Aristocracy , which two words signifie the same thing , together with the divers Passions of those that use them . For when the men that be in that Office please , they are called an Aristocracy , or otherwise an Oligarchy , where in those the major part of which declare the Wills of the whole multitude being assembled , are the Soveraign , and every man severally a Subiect . Lastly , if their Consent be such , that the Will of one man whom they name , shall stand for the Wills of them all , then is their Government or Union called a Mornarchy , and that one man a Soveraign , and every of the rest a Subiect .

4. And those several sorts of Unions , Governments , and Subiections , of Mans Will may be understood to be made , either absolutely , that is so say , for all future time , or for a time limited only . But forasmuch as we speak here of a Body politick , instituted for the perpetuall Benefit and defence of them that make it ; which therefore men desire should last for ever , I will omit to speak of those that be temporary , and consider of those that be for ever .

5. The end for which one man giveth up , and relinquisheth to another , or others the right of protecting & defending himself by his own power , is the security which he expecteth thereby , of protection and defence from those to whom he doth so relinquish it ; and a man may then account himself in the estate of security , when he can foresee no violence to be done unto him , from which the Doer may not be deterred by the power of that Soveraign , to whom they have every one subiected themselves : and without that security , there is no reason for a man to deprive himself of his own Advantages , and make himself a prey to others . And therefore when there is not such a Soveraign power erected , as may afford this security , it is to be understood that every mans right of doing whatsoever seemeth good in his own eyes , remaineth still with him ; and contrarywise , where any Subiect hath right by his own Judgment and discretion , to make use of his force , it is to be understood that every man hath the like , and consequently that there is no Common Wealth at all established . How far therefore in the making of a Common Wealth , man subiecteth his Will to the power of others , must appear from the End , namely , Security . For whatsoever is necessary to be by Covenant transferred for the attaining thereof , so much is transferred , or else every man is in his naturall Liberty to secure himself .

6. Covenants agreed upon by every man assembled for the making of a Common Wealth ; and put in writing without erecting of a power of Coercion , are no reasonable Security for any of them that so covenant , nor are to be called Laws , and leave men still in the Estate of Nature and Hostility . For seeing the Wills of most men are governed only by Fear , and where there is no power of Coercion , there is no Fear , the Wills of most men will follow their Passions of Covetousness , Lust , Anger , and the like , to the breaking of those Covenants , whereby the rest also , who otherwise would keep them , are set at liberty , and have no Law , but from themselves .

7. This power of Coercion as hath been sayd , Chap. 2. Sect. 3. of the former part consisteth in the transferring of every mans right of Resistance against him , to whom he hath transferred the Power of Coercion . It followeth therefore , that no man in any Common Wealth whatsoever hath right to resist him , or them , on whom they have transferred this Power Coercive , or ( as men use to call it the Sword of Justice , supposing the not Resistance possible . For part 1. Chap. 2. Sect. 18. Covenants bind but to the utmost of our endeavour .

8. And forasmuch as they who are amongst themselves in security , by the means of this Sword of Justice , that keep them all in awe , are nevertheless in danger of enemies from without , if there be not some means found , to unite their Strength● and natural forces , in the resistance of such enemies , their peace amongst themselves is but in vain . And therefore it is to be understood as a Covenant of every Member , to contribute their several forces fore the Defence of the whole , whereby to make one power as sufficie●t , as is possible for their Defence . Now seeing that every man hath already transferred the Use of his strength to him , or them , that have the Sword of Justice , it followeth , that the Power of Defence , that is to say , the Sword of war , be in the same Hands , wherein is the Sword of Justice ; and cons●quently those two Swords are but One , and that inseperably and essentially annexed to the Soveraign Power .

9. Moreover , seeing to have the Right of the Sword , is nothing else but to have the Use thereof depending onely on the Judgement and discretion of Him or Them that have it , it followeth , that the Power of Indenture in all Controversies , wherein the Sword of Justice is to be used ; and in all deliberations concerning War , ( wherein the Use of that Sword is required ) the right of Resolving and determining what is to be done , belong to the same Soveraign .

10. Farther , considering it is no less , but much more necessary to prevent Violence & Rapine , then to punish the same when it is committed , & all violence proceedeth from Controversies that arise between men concerning Meum & Tuum , Right and Wrong , Good and Bad , and the like which men use every one to measure by their own Judgements , it belongeth also to the Judgment of the same Soveraign Power , to set forth and make known the common measure by which every man is to know what is his , and what anothers ; what is good and what bad , and what he ought to do and what not , and to command the same to be observed . And these measures of the Actions of the Subiects are those , which men call Laws politick , or Civil . The making whereof , must of right belong to him that hath the power of the Sword , by which men are compelled to observe them ; for otherwise they should be made in vain .

11. Farthermore , seeing it is impossible that any one man that hath such Soveraign Power , can be able in person , to hear and determine all Controversies , to be present at al deliberations concerning common good , and to execute and perform all those common actions that belong thereunto , whereby there will be necessity of Magistrates , and Ministers of publique affaires ; it is consequent that the appointment , nomination , & limitation of the same be understood , as an inseperable part of the same soveraignty , ●o which the sum of all iudicature , and execution hath been already annexed .

12. And forasmuch as the right to use the forces of every particular member , is transferred from themselves , to their soveraign , a man will easily fall upon this conclusion of himself , that to soveraign power ( whatsoever it doth ) there belongeth Impunity .

13. The sum of these Rights of Sov●r●ignty ; namely the absolute use of the Sword in Peace and War , the making and abrogating of Laws , Supream , Judicature , & Decision , in al Debate iudiciall and deliberative , the nomination of all Magistrates , and Ministers , with other Rights contained in the same , make the soveraign power no less absolute in the common-wealth , then before Common-wealth , every man was absolute in himself , to do , or not to do , what he thought good ; which men that have not had the experience of that miserable estate , to which men are reduced by long War , think so hard a condition , that they can not easily acknowledge such covenants , and subiection on their parts , as are here set down to have been ever necessary to their peace . And therefore some have imagined that a Common-Wealth may be constituted in such manner as the Soveraign Power may be so limited , and moderated , as they shall think fit themselves . For Example ; They suppose a Multitude of men to have agreed upon certain Articles , ( which they presently call Lawes ) declaring how they will be governed , and that done , to agree farther upon some man , or number of men , to see the same Articles performed , and put in execution ; and to enable Him , or Them thereunto , they allot unto them a Provision limited , as of certain Lands , taxes , Penalties , and the like then , which ( if mispent ) they shall have no more , without a new Consent of the same men that allowed the former . And thus they think they have made a Common Wealth , in which it is unlawfull for any private man to make use of his owne Sword for his Security ; wherein they deceive themselves .

14. For first , if to the Revenue , it did necessarily follow , that there might be Forces raised and procured at the Will of him that hath such Revenue , yet since the Revenue is limited , so must also the Forces : b●t limited Forces against the Power of an Enemy , which wee cannot limit , are unsufficient . Whensoever therefore there happeneth an Invasion greater then those Forces are able to resist , and there be no other right to levy more , then is every man by Necessity of Nature , allowed to make the best provision he can for himself ; and thus is the Private Sword , and the estate of War again reduced . But seeing Revenue , without the right of commanding men , is of no use , neither in Peace nor War , it is necessary to be supposed , that he that hath the Administration of those Articles , which are in the former Section supposed , must have also right to make use of the strengths of particular men . And what reason soever giveth him that right over any one , giveth him the same over all . And then is his Right absolute . For he that hath Right to all their Forces , hath right to dispose of the same . Again , supposing those limited forces and Revenue , either by the necessary , or negligent use of them to fail , and that for a supply the same multitude be again to be assembled , who shall have power to assemble them , that is to compel them to come together ? If he that demandeth the supply , hath that Right , to wit , the right to compell them all , then is his Soveraignty absolute ; if not , then is every particular man at liberty to come , or not ; to frame a new Common wealth , or not , and so the right of the private Sword returneth but suppose them willingly , and of their own accord assembled to consider of this supply , if now it be stil in their choice , whether they shall give it , or not , it is also in their choice , whether the Common Wealth shall stand , or not . And therefore there lieth not upon any of them any civil Obligation that may hinder them from using force , in case they think it tend to their defence . This Device therefore of them that will make Civil Laws first , and then a Civil Body afterwards ( as if Policy made a Body Politick , and not a Body Politick made Policy ) is of no effect .

15. Others , to avoid the hard condition , as they take it , of absolute subiection ( which ( in hatred thereto ) they also call slaverie ) have despised a Government , as they think , mixed of three sorts of Soveraignty . As for Example ; They suppose the power of making Laws , given to some great Assembly Democratical , the Power of Judicature to some other Assembly , and the Administration of the Laws to a Third , or to some one Man ; and this Policy they call mixt Mona●chy , or mixt Aristocracy , or mixt Democracy , according as any of these three sorts do most visibly predominate . And in this estate of Government , they thinke the use of the Private Sword excluded .

16. And supposing it were so , How were this condition which they call slavery , eased thereby . For in this Estate they would have no man allowed , either to be his own Judge , or own Carver , or to make any Lawes unto himself ; and as long as these three agree they are as absolutely subject to them , as is a Child to the Father , or a Slave to the Master , in the state of Nature . The ease therefore of this Subjection , must consist in the disagreement of those amongst whom they have dist●ibuted the rights of soveraign power . But the same Disagreement is War . The division therefore of the Soveraignty , either worketh no effect to the taking away of simple Subjection , or introduceth War , wherein the private Sword hath place againe . But the Truth is , as hath been already shewed in 7 , 8 , 9 , 10 , 11 , 12. precedent Sections , the Soveraignty is indivisible . And that seeming mixture of severall kinds of Government , not mixture of the things themselves , but Confusion in our understandings , that cannot find out readily to whom we have subiected our selves .

17. But though the Soveraignty be not mixt , but be alwaies either simple Democracy , or simple Aristocracy , or pure Monarchy , nevertheless in the Administration thereof , all those sorts of government may have place subordinate . For Suppose the Soveraign power be Democracy , as it was sometimes in Rome , yet at the same time they may have a Counsel Aristocratical , such as was the Senate ; and at the same time they may have a Subordinate Monarch , such as was their Dictator , who had , for a time , the exercise of the whole Soveraignty , & such as are all Generals in war . So also in Monarchy there may be a Councel Aristocratical of men , chosen by the Monarch , or Democratical of men chosen by the consent ( the Monarch permitting ) of all the particular men of the Common Wealth . And this mixture is it that imposeth , as if it were the mixture of soveraignty . As if a man should think , because the great Councel of Venice doth nothing ordinarily but choose Magistrats , Ministers of State , Captains , and Governours of Towns , Ambassadors , Councellors , and the like , that therefore their part of the soveraigt , is only chusing of Magistrates : & that the making of War , and Peace , and Laws were not theirs , but the part of such Counsellors as they appointed thereto ; wheras it is the part of these to do it but subordinately , the supream authority therof being in the Great Councel that chuse them .

18. And as Reason teacheth us , that a man considered out of subjection to Lawes , and out of all Covenants obligatory to others , is free to do and undo , and deliberate as long as he listeth ; every member being obedient to the Will of the whole man , that Liberty being nothing else but his naturall Power , without which he is no better then an inanimate Creature , not able to help himself ; so also it teacheth us , that a Body politick , of what kind soever , nor subiect to another , nor obliged by Covenants , ought to be free , and in all actions to be assisted by the members , every one in their place , or at least not resisted by them . For otherwise , the power of a Body politick ( the Essence whereof , is the not resistance of the Members ) is none , nor a Body politick of any Benefit . And the same is confirmed by the Use of all Nations and Common-Wealths , wherein that man or Councel which is virtually the whole , hath any absolute power over every particular member ; or what Nation or Common-Wealth is there , that hath not power and Right to constitute a General in their wars ? But the power of a General is absolute ; and consequently there was absolute power in the Common Wealth , from whom it was derived . For no person , natural or civill , can transfer unto another more power then himself hath .

19. In every Common VVealth , where particular men are deprived of their Right to protect themselves there resideth an Absolute Soveraignty ; as I have already shewed . But in what man , or in what Assembly of men the same is placed , is not so manifest , as not to need some Marks , whereby it may be discerned . And first , it is an infallible mark of absolute Soveraignty in a man or in an Assembly of men , if there be no Right in any other person , Naturall or Civil , to punish that man , or to dissolve that Assembly . For he that cannot of right be punished , cannot of Right be resisted ; and he that cannot of right be resisted , hath coercive power ove● all the rest , and thereby can frame and govern their Actions at his pleasure , which is absolute soveraignty . Contrariwise , he that in a Common-Wealth is punishable by any , or that Assembly that is dissolvable , is not soveraign . For a greater power is alwaies required to punish and dissolve , then theirs who are punished or dissolved ; and that Power cannot be called Soveraign , then which there is a greater . Secondly , that man or Assembly , that by their own right not derived from the present right of any other , may make Laws , or abrogate them at his or their pleasure , have the Soveraignty absolute . For seeing the Laws they make , are supposed to be made by right , the Members of the Common Wealth to whom they are made , are obliged to obey them , and consequently not resist the Execution of them , which not resistance , maketh the power absolute of him that ordaineth them . It is likewise a mark of this soveraignty , to have the Right Originall of appointing Magistrates , Judges , Councellors , and Ministers of State . For without that Power , no Act of Soveraignty or Government can be performed . Lastly , and generally , whosoever by his own authority independent , can do any act , which another of the same Common Wealth may not , must needs be understood to have the soveraign power . For by Nature men have equal Right . This Inequality therefore must proceed from the Power of the Common-Wealth . He therefore that doth any Act lawfully by his owne Authorit● , which another may not , doth it by the Power of the Common-wealth in himself , which is Absolute Soveraignty .

CHAP. II. 1. Democracy precedeth all other , &c. 2. The Soveraign people covenanteth not with the Subiects . 3. The Soveraign , &c. cannot , &c. do iniury , &c. 4. The faults of the Soveraigne People , &c. 5 Democracy , &c. an Aristocracy of Orators . 6. Aristocracy how made . 7. The Body of the Optimates not properly said to iniure the Subiects . 8. The Election of the Optimates , &c. 9. An Elective King , &c. 10. A Conditional King , &c. 11. The word People Equivocal . 12. Obedience discharged by Release . 13. How such Releases are to be understood . 14. Obedience discharged by Exile . 15. By Conquest . 16. By ignorance of the Right of Succession .

HAving spoken in generall concerning instituted Policy in the former Chapter , I come in this , to speak of the sorts thereof in special , how every of them is instituted . The first in order of time of these three sorts , is Democracy ; and it must be so of necessity , because an Aristocracy and a Monarchy , require nomination of persons agreed upon , which agreement in a great multitude of men must consist in the consent of the major part ; and where the Votes of the maior part involve the votes of the rest , there is actually a democracie .

2. In the making of a Democracie , there passeth no Covenant between the Soveraign and any Subiect . For while the Democracy is a making , there is no Soveraign with whom to contract . For it cannot be imagined , that the Multitude should contract with it seif , or with any one man , or number of men parcell of it self , to make it self Soveraign nor that a mulritude considered as One Aggregate , can give it self any thing which before it had not . Seeing then that Soveraignty Democraticall is nat conferred by the Covenant of any multitude , which supposeth Union and Soveraignty already made ; it resteth that the same be conferred by the particular Covenants of evry several man , that is to say , every man with every man , for and in consideration of the Benefit of his own Peace and Defence , covenanteth to stand to and obey whatsoever the maior part of their whole number , or the Maior part of such a number of them , as shall be pleased to assemble at a certain time and place , shall determine and command . And this is that which giveth being to a Democracy , wherein the soveraign Assembly was called of the Greeks , by the name of Demus , ( that is , the People ) from whence cometh Democracy . So that , where to the supreame and Independent Court , every man may come that will and give his vote , there the Soveraign is called the People .

3. Out of this that hath been sayd , may readily be drawn , that whatsoever the People doth to any one particular Member or Subject of the Common Wealth , the same by him ought not to be stiled Iniury . For first Iniury ( by the Definition , Part 1. Chap. 3. Sect. 2. ) is Breach of Covenant ; but Covenants ( as hath been said in the precedent Section ) there passed none from the People to any private man ; and consequently ( to wit the People ) can do him no Iniury . Secondly , how uniust soever the action be , that this Soveraigne D●mus shall do , is done by the will of every particular man subiect to him , who are therefore guilty of the same . If therefore they stile it Iniury , they but accuse themselves . And it is against Reason for the same man , both to do and complain , implying this Contradiction , that wheras he first ratified the Peoples Acts in general , he now disalloweth the same of them in particular . It is therefore said truly , Volenti non fit Injuria . Nevertheless nothing doth hinder but that divers Actions done by the people may be uniust before God Almighty , as Breaches of the Law of Nature .

4. And when it hapneth , that the People by plurality of voices , that decree or command any thing contrary to the Law of God or Nature , though the Decree and Command be the act of every man , not only present in the assembly , but also absent from it , yet is not the Iniustice of the Decree , the Iniustice of every particular man , but only of those men , by whose express-sufferag●s the Decree or Command was passed . For a Body politick , as it is a Fictious Body , so are the Faculties and will thereof Fictious also . But to make a particular man uniust which consisteth of a Body and Soul natural , there is required a Naturall and very Will .

5. In all Democracies , though the Right of Soveraignty be in the Assembly which is virtually the whole Body , yet the use therof is alwaies in one , or a few particular men . For in such great Assemblies , as those must be , whereinto every man may enter at his pleasure , there is no means any waies to deliberate and give Councel what to do but by long and set Orations , whereby to every man there is more or less hope given to incline & sway the Assembly to their own Ends . In a multitude of speakers therefore where alwaies either one is eminent alone , or a few being equal amongst themselvs are eminent above the rest , that one or few must of necessity sway the whole . Insomuch that a Democracy , in effect is no more then an Aristocracy of Orators , interrupted sometimes with the temporary Monarchy of one Orator

6. And seeing a Democracy is by Institution , the beginning both of Aristocracy and Monarchy , we are to consider next , how Aristocracy is derived from it . When the particular Members of the Common Wealth growing weary of attendance at publick Courts , as dwelling far off , or being attentive to their private Businesses , and withall , displeased with the Government of the People , assemble themselves to make an Aristocracy , there is no more required to the making thereof , but putting to the Question one by one , the Names of such men as it shall consist of , and assenting to their Election ; and by plurality of Vote to transfer that power , which before the People had , to the number of men so named and chosen .

7. And from this manner of erecting an Aristocracy , it is manifest , that the Few , or Optimates , have entred into no Covenant with any of the particular Members of the Common VVealth , wherof they are Soveraign ; and consequently cannot do any thing to any private man , that can be called Injury to him , howsoever their act be wicked before Almighty God , according to that which hath been sayd before Sect ● . Farther it is impossible , that the People , as one Body Politick , should covenant with the Aristocracy or Optimates , on whom they intend to transfer their Soveraignty . For no sooner is the Aristocracy erected , but the Democracy is annihilated , and the Covenants made unto them void .

8. In all Aristocracies the Admission of such as are from time to time to have Vote in the soveraign assembly , dependeth on the Will and Decree of the present Optimates . For they being the Soveraign , have the nomination ( by the 11. Section of the former Chapter ) of all Magistrates , Ministers , and Counsellors of State whatsoever , and may therefore chuse either to make them elective , or hereditary , at their pleasure .

9. Out of the same Democracy , the Institution of a Political Monarch proceedeth in the same manner , as did the Institutio● of the Aristocracy , to wit , by a Decree of the Soveraign People , to passe the Soveraignty to One Man named and approved by Plurality of Suffrage . And if this Soveraignty be truly and indeed transferred , the Estate or Common-Wealth is an absolute Monarchy wherein the Monarch is at liberty , to dispos● as well of the Succession , as of the Possession and not an Elective Kingdome . For suppos● a Decree be made first in this manner , Tha● such a One shal have the Soveraignty for hi● life , and that afterward they will chuse a new ▪ In this Case , the Power of the People is dissolved , or not ; if dissolved , then after the Death of him that is chosen , there is no man bound to stand to the Decrees of them that shall , as Private men , run together to make a new Election ; and consequently , if there be any man , who by the advantage of the Raign of Him that is dead , have strength enough to hold the multitude in Peace and Obedience , he may lawfully , or rather is by the Law of Nature obliged so to do ; if this power of the people were not dissolved at the chusing of their King for life , then is the people Soveraign still , and the King a Minister thereof only , but so , as to put the whole Soveraignty in Execution , A Great Minister , but no otherwise for his time , then a Dictator was in Rome . In this case at the death of him that was chosen , they that meet for a new Election , have no new , but their old Authority for the same . For they were the Soveraign all the time , as appeareth by the Acts of those Elective Kings , that have procured from the People , that their children might succeed them . For it is to be understood , when a man receiveth any thing from the Authority of the people , he receiveth it not from the People his Subiects , but from the people his Soveraign . And farther though in the Election of a King for his life , the People grant him the Exercise of their Soveraignty for that time ; Yet if they see cause , they may recall the same before the Time . As a Prince that conferreth an Office for life , may nevertheless upon suspition of Abuse thereof , recall it at his pleasure ; in as much as Offices that require lobour and care , are understood to passe from him that giveth them , as Onera , Burthens , to them that have them ; the recalling whereof are therefore not Injury , but Favour . Nevertheless if in making an Elective King , with Intention to reserve the Soveraignty , they reserve not a Power at certaine known and determined times and places to assemble themselves , the reservation of their Soveraignty is of no effect , in as much as no man is bound to stand to the Decrees and Determinations of those that assemble themselves without the Soveraign Authortiy .

10. In the former Section is shewed , that elective Kings that exercise their Soveraignty for a Time , which determines with their Life , either are Subjects , or not Soveraigns ; And that it is , when the people in Election of them , reserve unto themselves the right of Assembling at certaine times and places limited and made known ; Or else Absolute Soveraigns to dispose of the Succession at their Pleasure , and that is , when the people in their Election have declared no time nor place of their meeting , or have left it to the power of the Elected King , to assemble and dissolve them at such times as he himselfe shall think good . There is another kind of Limitation of time to him that shal be elected to use the Soveraign Power , ( which whether it hath been practised anywhere , or not I know not , but it may be imagined , and hath been obiected against the Rigor of Soveraign Power ) and it is this , that the People transfer their Soveraignty upon Conditions . As for Example , for so long as he shall observe such and such Lawes , as they then prescribe him . And here as before in elected Kings , the Question is to be made , whether in the Electing of such a Soveraign , they reserved to themselves a right of Assembling at times and places limited and known , or not ; if not , then is the Soveraignty of the People dissolved , and have neither power to iudge of the Breach of the Conditions given him , nor to command any Forces for the Deposing of him , whom on that Condition they had set up , but are in the Estate of war amongst themselves , as they were before they made themselves a Democracy ; and consequently , if he that is elected by the advantage of the possession he hath of the publick meanes , be able to compel them to Unity and Obedience , he hath not only of the right of Nature to warrant him , but of the Law of Nature to Oblige him thereunto . But if in Electing him , they reserved to themselves a right of Assembling , and appointed certain times and places to that purpose , then are they Soveraign still , and may call their conditional King to account at their pleasure , and deprive him of his Government , if they judge he deserve it , either by breach of the condition set him , or otherwise . For the Soveraign power can by no Covenant with a subiect be bound to continue him in the charge he undergoeth by their Command , as a Burden imposed not particularly for his good , but for the good of the Soveraign People .

11. The Controversies that arise concerning the Right of the People , proceed from the Equivocation of the Word . For the word People hath a double signification . In one sense it signifieth onely a Number of Men , distinguished by the place of their habitation ; as the People of England , or the People of France , which is no more , but the Multitude of those particular persons that inhabit those Regions , without consideration of any Contracts or Covenants amongst them , by which any one of them is obliged to the rest . In another sense , it signifieth a Person civill , that is to say , either one Man or one Councel , in the Will whereof is included and involved , the Will of every one in particular . As for example ; in this later sence , the lower House of Parliament is all the Commons as long as they sit there with authority and right thereto ; but after they be dissolved , though they remain , they be no more the People nor the Commons , but only the Aggregate , or Multitude of the particular men there sitting , how well soever they agree , or concur , in Opinions amongst themselves ; whereupon they that do not distinguish between these two significations , do usually attribute such rights to a dissolved Multitude , as belong only to the People virtually contained in the Body of the Common Wealth or Soveraignty . And when a great number of their own authority flock together in any nation , they usually give them the name of the whole Nation . In which sense they say the People rebelleth , or the People demandeth , when it is no more then a dissolved multitude , of which though any one man may be said to demand or have right to something , yet the heap , or multitude , cannot be said to demand or have right to any thing . For where every man hath his right distinct , there is nothing left for the multitude to have right unto : and when the particulars say , this is mine , this is thine , and this is his , and have shared all amongst them , there can be nothing whereof the Multitude can say , this is mine ; nor are they one Body as behoveth them to be , that demand any thing under the name o Mine , or His : and when they say Ours every man is understood to pretend in severall , and not the multitude : On the other , side , when the Multitude is united into a Body politick , and thereby are a People in the other signification , and their wills virtually in the Soveraign , there the rights and Demands of the particulars do cease ; and he or they that have the Soveraign Power , doth for them all demand and vindicate under the name of his , that which before they called in the plural , Theirs .

12. VVe have seen how particular men enter into subiection by transferring their Rights ; It followeth to consider , how such subiection may be discharged . And first , if He or they that have the Soveraign Power , shall relinquish the same voluntarily , there is no doubt , but every man is again at Liberty to obey or not . Likewise , if he or they retaining the Soveraignty over the rest , do neverthless exempt some one or more , from their subiection , every man so exempted , is discharged , for he or they to whom any man is obliged , hath the power to release him .

13. And here it is to be understood , that when he or they that have the Soveraign power , give such exemption , or Priviledge , to a Subiect , as is not seperable from the Soveraignty , and nevertheless directly retaineth the Soveraign Power , not knowing the consequence of the priviledg they grant , the Person or persons exempted or priviledged , are not thereby released . For in contradictory significations of the will , Part 1. Chap. 13. Sect. 9. That which is directly signified , is to be understood for the will , before that which is drawn from it by Consequence .

14. Also Exile perpetual , is a Release of Subiection , forasmuch , as being out of the protection , of the Soveraignty that expelled him , he hath no meanes of subsisting but from himself . Now every man may lawfully defend himself , that hath no other Defence ; else there had been no necessity , that any man should enter into voluntary subiection , as they do in Common Wealths .

15. Likewise a man is released of his subiection by conquest . For when it cometh to pass , that the Power of a Common wealth is overthrown , and any particular man thereby lying under the sword of his Enemy , yeildeth himself Captive , he is thereby bound to serve him that taketh him , and consequently discharged of his Obligation to the former . For no man can serve two Masters .

16. Lastly , Ignorance of the Succession dischargeth Obedience . For no man can be understood to be obliged to obey he knoweth not whom .

CHAP. III. 1.2 . Titles to Dominion ; Master and Servant , &c. 3. Chaines and other , &c. Bonds &c. Slave defined . 4. Servants have no property against their Lord , &c. 5. The Master hath right to alienate his Servant . 6. The Servant of the Servant , &c. 7. How Servitude is discharged . 8. The middle Lord . &c. 9. The title of Man , &c. Over Beasts .

HAving set forth in the two preceding Chapters , the Nature of a Common Wealth Institutive by the Consent of many men together , I come now to speak of Dominion , or a Body politick by acquisition , which is commonly called a Patrimonial Kingdome . But before I enter thereinto , it is necessary to make known upon what Title one man may acquire Right , that is to say , Property or Dominion over the person of another . For when one Man hath Dominion over another , there is a little Kingdome . And to be a King by Acquisition , is nothing else but to have acquired a Right or Dominion over many .

2. Considering men therefore again in the Estate of Nature , without Covenants or Subjection one to another , as if they were but even now all at once created Male and Female , there be three Titles only , by which one man may have Right and Dominion over another ; whereof two may take place presently , and those are , voluntary offer of Subjection , and yeilding by Compulsion : The third is to take place upon the supposition of Children begotten amongst them . Concerning the first of these three Titles , it is handled before in the two last Chapters . For from thence cometh the Right of soveraigns over their Subjects in a Common Wealth Institutive . Concerning the second Title , ( which is when a man submitteth to an Assailant for fear of Death ) thereby accrueth a Right of Dominion . For where every man ( as it happeneth in this case ) hath Right to all things , there needs no more for the making of the said Right effectual but a Covenant from him that is overcome , not to resist him that overcometh . And thus cometh the victor to have right of absolute Dominion over the conquered . By which there is presently constituted a little Body politick , which consisteth of two Persons , the one Soveraign , which is called the Master or Lord ; the other subiect , which is called the Servant . And when a man hath acquired right over a number of Servants so considerable , as they cannot by their Neighbours be securely invaded , this Body politick is a Kingdome Despotical .

3. And it is to be understood that when a Servant taken in the VVars , is kept bound in natural Bonds , and Chaines and the like , or in prison , there hath passed no covenant from the Servant to his Master . For those natural Bonds have no need of strengthening by the verbal Bonds of Covenant , and they shew , that the Servant is not trusted . But Covenant , ( Part 1. Chap. 15. Sect. 9. ) supposeth Trust . There remaineth therefore in the Servant thus kept bound , or in Prison , a Right of delivering himself , if he can , by what means soever . This kind of Servant is that which ordinarily , and without passion , is called a Slave . The Romanes had no such distinct name , but comprehended all under the name of Servus ; whereof such as they loved and durst trust , were suffered to go at liberty , and admitted to places of Office , both neer to their Persons , & in their affaires abroad ; the rest were kept chained , or otherwise restrained with natural impediments to their Resistance . And as it was amongst the Romanes , so it was amongst other Nations , the former sort having no other Bond but a supposed Covenant , without which the Master had no reason to trust them ; the later being without Covenant , and no otherwise tyed to Obedience , but by Chains , or other like forcible custody .

4. A Master therefore is to be supposed to have no less right over those , whose Bodies he leaveth at Liberty , then over those he keepeth in Bonds and Imprisonment , and hath absolute Dominion over both , and may say of his servant , that he is his , as he may of any other thing : And whatsoever the servant had , and might call his is now the Master's ; for he that disposeth of the Person , disposeth of all the person could dispose of : insomuch , as though there be Meum & Tuum among servants distinct from one another by the dispensation and for the benefit of their Master , yet there is no Meum & Tuum belonging to any of them against the Master himselfe , whom they are not to resist , but to obey all his Commands as Law .

5. And seeing both the Servant and all that is committed to him , is the property of the Master , and every man may dispose of his own , and transfer the same at his pleasure , the Master may therefore alienate his Dominion over them , or give the same by his last Will to whom he list .

6. And if it happen , that the Master himself by Captivity or voluntary subjection , become servant to another , then is that other Master Paramount ; & those servants of him that becometh servant , are no farther obliged , then their Master Paramount shall think good ; forasmuch as he disposing of the Master subordinate , disposeth of all he hath , and consequently of his servants . So that the restriction of absolute Power in Masters , proceedeth not from the Law of Nature , but from the Political Law of him , that is their Master Supream or Soveraign .

7. Servants immediate to the supream Master , are discharged of their servitude , or subiection in the same manner that subiects are released of their Allegiance in a Common Wealth Institutive . As first , by Release . For he that captiveth , ( which is done by accepting what the captive transferreth to him ) setteth again at l●berty , by transferring back the same . And this kinde of Release is called Manumission . Secondly , by Exile . For that is no more but Manumission given to a Servant , not in the way Benefit , but punishment . Thirdly , By a new Captivity , where the Servant having done his Endeavour to defend himself , hath thereby performed his Covenant to his former Master , and for the safety of his life , entring into new Covenant with the Conquerour , is bound to doe his best endeavour to keep that likewise . Fourthly , Ignorance of who is Successor to his diceased Master , dischargeth him of Obedience : for no Covenant holdeth longer then a man knoweth to whom he is to perform it . And lastly , that Servant that is no longer trusted , but committed to his Chains and Custody , is thereby discharged of the Obligation in foro interno , and therefore if he can get loose , may lawfully goe his way .

8. But servants subordinate , though manumitted by their immediate Lord , are not thereby discharged of their subiection to their Lord Paramount , for the Immediate Master hath no propertie in them , having transferred his Right before to another , namely , to his own and supream Master . Nor if the chief Lord should manumit his immediate servant , doth he thereby release his servants of their Obligation to him that is so manumitted . For by this Manumission , he recovereth again the absolute Dominion he had over them before . For after a Release , ( which is the discharge of a Covenant ) the Right standeth as it did before the Covenant was made .

9. This Right of Conquest , as it maketh one man master over another , so also maketh it a man to be master of the irrational Creatures . For if a man in the state of Nature be in Hostility with men , and thereby have lawful Title to subdue or kill , according as his owne Conscience and Discretion shall suggest , unto him for his safety and Benefit , much more may he doe the same to Beasts ; that is to say , save and preserve for his own service , according to his Discretion , such as are of Nature apt to obey , and commodious for use ; and to kill and destroy with perpetual War , all other , as fierce and noysome to him . And this Dominion is therefore of the Law of Nature , and not of the Divine Law Positive . For if there had been no such Right , before the revealing of Gods Will in the Scripture , then should no man to whom the Scripture hath not come , have right to make use of those his Creatures , either for his Food or sustenance . And it were a hard Condition of mankind , that a fierce and salvage Beast , should with more right kill a man , then a man a Beast .

CHAP. IV. 1. The Dominion over the Child , &c. 2. Preheminence of Sex giveth not the Child to the Father , rather then to the Mother . 3. The Title of the Father or Mother , &c. 4. The Child of a Woman-servant , &c. 5. The Right to the Child given from the Mother , &c. 6. The Child of the Concubine , &c. 7. The Child of the Husband and the Wife , &c. 8. The Father , or he or she that bringeth up the Child , have absolute power over Him . 9. Freedome in Subiects what it is . 10. A Great Family is a Patrimonial Kingdome . 11. Succession of the Soveraign Power , &c. 12. Though the Successor be not declared , yet there is alwayes One to be presumed . 13. The Children preferred to the succession , &c. 14. The Males before Females . 15. The Eldest before the rest of the Brothers . 16. The Brother next to the Children . 17. The Succession of the Possessor , &c.

OF three wayes by which a man becometh subiect to another , mentioned Sect. 2. Chap. the last , namely , Voluntary Offer , Captivity and Birth , the former two have been spoken of , under the name of Subiects and Servants . In the next place , we are to set down the Third way of subiection , under the name of Children , and by what Title one-man commeth to have propriety in a Child , that proceedeth from the Common Generation of two , ( to wit ) of Male and Female . And considering men again dissolved from all Covenants one with another , and that ( Part 1. Chap. 4. Sect. 2. ) every man by the Law of Nature , hath right or propriety to his own Body , the Child ought rather to be the proprietie of the Mother , ( of whose Body it is part , till the time of separation ) then of the Father . For the understanding therefore of the Right that a man or woman hath to his or their Child , two things are to be considered ; First , what Title the mother , or any other originally hath , to a child new born : Secondly , how the Father , or any other man , pretendeth by the Mother .

2. For the first , they that have written of this subiect have made Generation to be a Title of Dominion over persons , as well as the consent of the persons themselves . And because Generation giveth Title to two , namely , Father , and Mother , whereas Dominion is Indivisible , they therefore ascribe Dominion over the Child to the Father only , Ob praestantiam Sexus ; but they shew not , neither can I find out by what coherence , either Generation inferreth Dominion , or Advantage of so much strength , which , for the most part , a man hath more then a woman , should generally and universally entitle the Father to a propriety in the Child and take it away from the Mother .

3. The Title to Dominion over a Child , proceedeth not from the Generation , but from the preservation of it ; and therefore in the Estate of Nature , the Mother , in whose power it is to save or destroy it , hath right thereto by that power , according to that which hath been sayd , Part 1. Chap. 1. Sect. 13. And if the Mother shall think fit to abandon , or expose her C●ild to Death , whatsoever man or woman shall finde the child so exposed shall have the same Right which the Mother had before ; and for this same reason , namely , for the Power not of Generating , but preserving . And though the child thus preservd , do in time acquire strength , whereby he might pretend Equality with him or her that hath preserved him , yet shall that pretence be thought unreasonable , both because his strength was the Gift of him , against whom be pretendeth , and also because it is to be presumed that he which giveth sustenance to another , whereby to strengthen him , hath received a Promise of Obedience in Consideration thereof . For else it would be Wisdome in men , rather to let their Children perish , while they are Infants , then to live in their Danger or Subiection , when they are grown .

4. For the Pretences which a man may have to dominion over a child by the right of the Mother , they be of divers kinds . One by the absolute Subiection of the Mother ; another , by some particular Covenant from her , which is less then a Covenant of such subiection . By absolute subiection , the Master of the Mother hath Right to her Child , according to Sect. 6. Chap. 3. whether he be the Father thereof , or not . And thus the Children of the servant are the Goods of the Master in Perpetuum

5. Of Covenants that amount not to subiection between Man and Woman , there be some which are made for a time ; they are Covenants of Cohabitation , or else of Copulation only . And in this later case , the children pass by Covenants particular . And thus in the Copulation of the Amazones with their Neighbours , the Fathers by Covenant had the Male children only , the Mothers retaining the Females .

6. And Covenants of Cohabitation are either for Society of Bed , or for Society of all things ; if for Society of Bed only , then is the Woman called A Concubine . And here also the Child shall be his or hers , as they shall agree particularly by Covenant . For although for the most part , a Concubine is supposed to yeild up the Right of her Children to the Father , yet doth not Concubinate enforce so much .

7. But if the Covenants of Cohabitation be for societie of all things ; it is necessary that but one of them govern and dispose of all that is common to them both ; without which , ( as hath been often said before ) Societie cannot last . And therefore the man , to whom for the most part , the woman yeildeth the Government , hath for the most part also , the sole Right and Dominion over the Children . And the man is called the Husband , and the Woman the VVife . But because sometimes the Government may belong to the VVife only , sometimes also the Dominion over the Children shall be in her only . As in the case of a Soveraign Queen , there is no Reason that her Marriage should take from her the Dominion over her Children .

8. Children therefore , whether they be brought up and preserved by the Father , or by the Mother , or by whomsoever are in most absolute subjection to Him or Her , that so bringeth them up , or preserveth them . And they may alienate them , that is , assign his or her Dominion , by selling , or giving them , in Adoption or Servitude , to others ; or may pawn them for Hostages , kill them for Rebellion , or sacrifice them for Peace , by the Law of Nature , when he or she , in his or her conscience , think it to be necessary .

9. The Subiection of them who institute a Common Wealth amongst themselves , is no less absolute then the subiection of servants . And therein they are in equal estate . But the hope of those is greater then the hope of these . For he that subiecteth himself uncompelled , thinketh there is no reason he should be better used then he that doth it upon Compulsion ; and coming in freely calleth himself , though in subiection , a Freeman ; whereby it appeareth that Liberty is not any exemption from subiection and obedience to the Soveraign power , but a State of better hope then theirs , that have been subiected by force and conquest . And this was the reason , that the Name which signifieth Children in the Latine tongue , is Liberi , which also signifieth Free men . And yet in Rome nothing at that time was so obnoxious to the power of others , as children in the Family of their Fathers . For both the State had power over their life without consent of their Fathers , and the Father might kil his son by his own authority , without any warrant from the State . Freedome therefore in Common-Wealths , is nothing but the Honour of Equality of Favour with other Subiects , and Servitude the Estate of the rest . A Free-man therefore may expect employments of Honour , rather then a Servant . And this is al that can be understood by the Liberty of the Subiect . For in all other senses , Liberty is the State of him that is not subiect .

10. Now when a father that hath children hath servants also , the children ( not by the right of the child , but by the natural indulgence of the Parents ) are such fremen . And the whole consisting of the Father or Mother , or both , & of the children , & of the servants , is called a Family , wherin the Father or Mother of the Family is soveraign of the same , and the rest ( both children and servants equally ) subiects . The same Family , if it grow by multiplication of children , either by Generation or Adoption ; or of servants , either by Generation , Gonquest , or voluntary submission , to be so Great and Numerous , as in probability it may protect it self , then is that Family called a Patrimoniall Kingdome , or Monarchy by acquisition , wherein the Soveraignty is in one man , as it is in a Monarch made by Politicall institution . So that whatsoev●r Rights be in the One , the same also be in the other . And therefore I shall no more speake of them as distinct , but of Monarchy in general .

11. Having shewed by what right the several sorts of Common-wealths , Democracy , Aristocracy , and Monarchy , are erected , it followeth , to shew by what right they are continued . The Right by which they are continued , is called the Right of Succession to the Soveraign Power ; whereof there is nothing to be said a Democracy , because the Soveraign dyeth not , as long as there be Subjects alive . Nor in any Aristocracy , because it cannot easily fall out , that the Optimates should every one fail at once : And if it should so fall out , there is no question , but the Common Wealth is thereby dissolved . It is therefore in a Monarchy only , that there can happen a Question concerning the Succession . And first , forasmuch as a Monarch , which is absolue Soveraign , hath the Dominion in his own Right , he may dispose thereof at his own Will . If therefore by his last Will , he shall name his Successor , the Right passeth by that Will .

12. Nor if the Monarch dye without any Will concerning the Succession declared , it is not therefore to be presumed , it was his Will his Subiects , which are to him as his children and Servants , should return again to the State of Anarchy , that is to War and Hostility . For that were expresly against the Law of Nature , which commandeth to procure Peace , and to maintain the same . It is therefore to be conjectured with reason , that it was the intention to bequeath them Peace , that is to say , a Power Coercive , whereby to keep them from sedition amongst themselves ; and rather in the Form of a Monarchy , then any other Government ; forasmuch as he , by the exercise thereof in his own person , hath declared , that he approveth the same .

13. Farther , it is to be supposed , his Intention was , that his own Children should be preferred in the Succession ( when nothing to the contrary , is expresly declared ) before any other . For men naturally seek their own Honour , and that consisteth in the honour of their Children after them .

14. Again , seeing every Monarch is supposed to desire to continue the Governmen● in his Successors , as long as he may ; and that generally men are indued with greate● parts of Wisdom and Courage , by which al● Monarchies are kept from dis●olution , then Women , are it is to be presumed , where no express Will is extant to the contrary , he preferreth his Male children before the Female . Not but that Women may governe and have in divers ages and places governed wisely , but are not so apt thereto in generals , as men .

15. Because the Soveraign Power is indivisible , it cannot be supposed , that he intended the same should be divided , but that it should descend intirely upon one of them , which is do be presumed , should be the Eldest , assigned thereto by the Lot of Nature , because he appointed no other Lot for the Decision thereof . Besides , what difference of ability soever there may be amongst the Brethren , the Odds shall be adiudged to the Elder , because no Subiect hath authority otherwise to judge thereof .

16. And for want of issue in the possessor , the Brother shall be presumed Successor . For by the Judgement of Nature , next in Blood , is next in Love , and next in Love , is next to preferment .

17. And as the Succession followeth the first Monarch , so also it followeth Him or Her that is in possession ; and consequently , the Children of Him in possession , shall be prefe●red before the Children of his Father , or Predecessor .

CHAP. V. 1. The Utility of the Common-Wealth , &c. 2. The losse of liberty , &c. 3. Monarchy approved , &c. 4. Monarchy less subiect to Passion , &c. 5.6 . Subiects in Monarchy , &c. 7. Laws in Monarchy less changeable , &c. 8. Monarchies less subiect to dissolution .

HAving set forth the Nature of a Person Politick , and the three sotts thereof , Democracy , Aristocracy , and Monarchy , In this Chapter shall be declared , the Convencies , and Inconveniencies , that arise from the same , both in general ; and of the said several sorts in particular . And first , seeing a Body Politick is erected only for the ruling and governing of particular men , the benefit and damage thereof consieth in the benefit or damage of being ruled . The benefit is that for which a Body Politick was instituted , namely , the Peace and Preservation of every particular man , then which it is not possible there can be a greater , as hath been touched before , Part 1. chap. 1. Sect. 12. And this Benefit extendeth equally both to the Soveraign and to the Subjects . For he or they that have the Soveraign Power , have but the Defence of their Persons , by the Assistance of the Particulars ; and every particular man hath his Defence by their Union in the Soveraign . As for other Benefits , which pertain not to their safetie and sufficiency , bu● to their well and delightfull being , such as are superfluous riches , they so belong to the Soveraign , as they must also be in the Subject ; and so to the Subiect , as they must also be in the Soveraign . For the Riches and Treasure of the Soveraign , is the Dominion he hath over the riches of his Subiects . If therefore the Soveraign provide not so , as that particular men may have means , both to preserve themselvs , and also to preserve the Publick the common or soveraign treasure can be none . And on the other side , if it were not for a common and publick Treasure belonging to the Soveraign Power , Mens private Riches would sooner serve to put them into Confusion and War , then to secure and maintain them . Insomuch , as the profit of the Soveraiegn & Subiect goeth alwayes together . That distinction therefore of Government , that There is one Government for the good of him that governeth , & another for the good of them that be governed ; whereof the former is Despotical , ( that is Lordly ) the other , a Government of freemen , is not right . No more is the Opinion of them that hold it to be no city , which consisteth of a Master and his Servants . They might as well say , it were no City that consisted in a Father and his own issue , how numerous soever they were . For to a Master that hath no Children , the Servants have in them all those respects , for which men love their Children . For they are his Strength , and his Honour . And his power is no greater over them , then over his Children .

2. The inconvenience arising from Government in general , to him that governeth consisteth partly in the continual care and trouble about the businesse of other men , that are his Subiects , and partly in the danger of his Person . For the Head alwayes is that part , not only where the care resideth , but also against which the stroke of an Enemy most commonly is directed . To ballance this incommodity , the Soveraignty , together with the necessity of this Care and Danger , comprehendeth so much Honour ; Riches and Means , whereby to delight the mind , as no private mans Wealth can attain unto . The inconveniences of Government , in generall to a Subiect are none at all , if well considered , but in appearance . There be two things that may trouble his mind , o● two general grievances , The one is losse of Liberty ; The other , the uncertainty of Meum & Tuum . For the first , it consisteth in this , That a Subiect may no more governe his own Actions according to his own discretion and judgement , ( which is all one ) Conscience , as the present occasions from time to time shall dictate to him , but must be tyed to do according to that Will onely , which once for all , he had long ago laid up , and involved in the Wills of the maior part of an Assembly , or in the Will of some One man . But this is really no inconvenience . For , as it hath been shewed before , it is the Only Meanes , by which we have any possibility of preserving our selves . For if every man were allowed this liberty , of following his Conscience , in such difference of Consciences , they would not live together in peace an hour . But it appeareth a great Inconvenience to every man in particular , to be debarred of this liberty , because every one a part considereth it as in himself , and not as in the rest , by which means , L●berty appeareth in the likeness of Rule and Government over others . For where one man is at Liberty , and the rest bound , there that One hath government ; which honour , he that understandeth not so much , demanding by the name simply of Liberty , thinketh it a great grievance and iniury to be denyed it . For the second grievance concerning Meum & Tuum , it is also none , but in appearance only ; it consisteth in this , That the Soveraign Power , taketh from him that which he used to enjoy , knowing no other propriety but use and custome . But without such Soveraign Power , the Right of men is not Proprietie to any thing , but a community , no better then to have no right at all , as hath been shewed , Part. 1. Chap. 1. Sect. 10. Propriety therefore being derived from the Soveraign power , is not to be pretended against the same , especially , when by it every subject hath his propriety against every other Subject , which when Soveraignty ceaseth , he hath not , because in that case they return to war amongst t●ems●lves . Those Levies therfore which are made upon mens estates , by the Soveraign Authority , are no more but the price of that Peace and Defence which the sovraignty maintaineth for them . If this were not so , no Money nor forces for the Wars , not any other publick occasion , could justly be levied in the World . For neither King , nor Democracy , nor Aristocracy , nor the Estates of any Land , could do it , if the Soverainty could not . For in all those cases it is levied by virtue of the Soveraignty . Nay more , by the three Estates , here the Land of one man may be transferred to another , without Crime of his from whom it was taken , and withomt pretence of publick benefit , as hath been done ; and this without injury , because done by the Soveraign Power . For the power whereby it is done , is no less then Soveraign , and cannot be greater . Therefore this Greivance for Meum & Tuum is not real , unless more be exacted then is necessary ; but it seemeth a Greivance , because to them that either know not the Right of Soveraignty , or to whom that right belongeth , it seemeth an injury , and iniury howsoever little the dammage is alwaies greivous as putting us in minde of our disability to help our selves , and into Envy of the Power to do us wrong .

3. Having spoken of the Inconveniencies of the subiect , by Government in general , let us consider the same in the three several sorts thereof , namely , Democracy , Aristocracy and Monarchy ; whereof the two former are in effect but one . For ( as I have shewed befo●e ) Democracy is but the Governement of a few Orators . The comparison therefore will be between Monarchy and Aristocracy : And to omit that the World as it was created , so also it is governed by One God Almighty ; and that all the Ancients have have preferred Monarchy before other Governments , both in opinion , because they faigned a Monarchial government amongst their Gods , and also by their custome ; for that in the most ancient times all people were so governed ; and that paternal Government which is Monarchy , was instituted in the beginning from the Creation , & that other Governments have proceeded from the dissolution thereof , called by the Rebellious Nature of Mankind , and be but Pieces of broken Monarchies cemented by Humane Wit , I will insist only on this comparison upon the inconvenies that may happen to the subiects , in consequence to each of these Governments .

4. And first , it seemeth inconvenient there should be committed so great a Power to one Man , as that it might be lawful to no other man or men to resist the same ; and som think it inconvenient eo nomine , because he hath the power . But this reason we may not by any means admit . For it maketh it inconvenient to be ruled by Almighty God , who without question hath more power over every man , then can be conferred upon any Monarch . This inconvenience therefore must be derived , not from the Power , but from the aff●ctions and passions which raign in every one , as well Monarch , as Subject , by which the Monarch may be swayd to use that Power amiss . And because an Aristocracy consisteth of men , if the passions of many men be more violent when they are assembled together , then the passions of one man alone , it will follow , that the Inconvenience arising from Passions will be greater in an Aristocracy then a Monarchy . But there is no doubt , when things are debated in great Assemblies , but every man delivering his opinion at large without interruption endeavour●th to make whatsoever he is to set forth for Good , better ; and what he would have apprehended as evill , worse , as much as is possible , to the end his Counsel may take place ; which Counsel also is never without ayme at his own benefit , or honour ; every mans end ●e●ng some good to himself . Now this cannot be done without working on the Passions of the rest . And thus the Passions of these that are singly moderate , are altogether vehement , even as a great many Coals , though but warm asunder , being put together , inflame one another .

5. Another Inconvenience of Monarchy , is this , That the Monarch , besides the Riches necessary for the Defence of the Common Wealth , may take so much more from the Subiects , as may enrich his Children , Kindred and Favourites , to what degree he pleaseth ; which though it be indeed an Inconvenience , if he should so do , yet is the same both greater in an Aristocracy , and also more likely to come to pass . For their , not One only , but many have Children , Kindred , and Friends to raise . And in that point they a●e as twenty Monarchs for One , and likely to set forward one anothers Designs mutually , to the Oppression of all the rest . The same also happeneth in a Democracy , if they all do agree , otherwise they bring a worse Inconvenience , to wit , Sedition .

6. Another Inconvenience of Monarchy , is the Power of Dispencing with the Execution of Iustice , whereby the Family and Friends of the Monarch may with impunity , commit outrages upon the People , or oppresse them with Extortion . But in Ar●stocracies , not only One , but many have Power of taking men out of the Hands of Iustice , and no man is willing his Kindred or Friends should be punished according to their Demerits . And therefore they understand amongst themselves without further speaking , as a tacite Covenant , Hodie mihi , cras tibi .

7. Another Inconvenience of Monarchy , is the Power of altring Lawes . Concerning which , it is necessary that such a Power be , that Lawes may be altered , according as mens manners charg , or as the Coniuncture of all Circumstances within and without the Common Wealth shall require ; the change of Law being then Inconvenient , when it proceedeth from the Change , not of the occasion , but of the minds of him or them , by whose Authority the Laws a●e made . Now it is manifest enough of it self , that the mind of one man is not so variable in that point , as are the Decrees of an Assembly . For not only they have all their natural changes , but the change of any one man may be enough with eloquence and reputation , or by solicitation and faction , to make that Law to day , which another by the very same means shall abrogate to morrow .

8. Lastly , the greatest inconvenience that can happen to a Common Wealth , is the Aptitude to dissolve into civil War , and to this are Monarchies much less subiect then any other Governments . For where the Union or Band of a common Wealth is one Man , there is no distraction whereas in Assemblies , those that are of different Opinions , and give different Counsel are apt to fall out amongst themselves , and to cross the designs of the Common Wealth for one anothers sake : and when they cannot have the honour of making good their owne devices , they yet seek the Honour to make the Counsels of the Adversaries prove vain . And in this contention , when the opposite Factions happen to be any thing equal in strength . they presently fal to war . Wherein necessity teacheth both sides , that an absolute Monarch , to wit , a General , is necessary both for their Defence against one another , and also for the Peace of each Faction within it self . But this Aptitude to Dissolution , is to be understood for an Inconvenience in such Aristocracies onely , where the Affairs of State are debated in gr●at and numerous Assemblies , as they were anciently in Athens , and in Rome ; and not in such as doe nothing else in great Assemblies , but choose Magistrates and Counsellours , and commit the handling of State-affaires to a Few ; such as is the Aristocracy of Venice at this Day . For these are no more apt to dissolve from this occasion , then Monarchies , the Counsel of State being both in the one and the other alike .

CHAP. VI . 1. A Difficulty concerning absolute subiection to man , arising from our absolute subiection to God Almighty , propounded . 2. That this Difficulty is onely amongst those Christians , that deny the Interpretation of Scripture , to depend upon the Soveraign Authority of the Common-Wealth . 3. That Humane Lawes are not made to govern the consciences of men , but their words and a●●ions . 4. Places of Scripture to prove Obedience due from Chr●stians to their Soveraign in all things . 5. A distinction propounded betwe●n a Fundamentall point of Faith , and a Superstruction . 6. An explication of the Points of Faith , that be fundam●ntal . 7. The bel●ef of those Fundamental points , is all that is required to salvation , as of Fai●h . 8. That other points not Fundamen●all , are not necessary to salvation , as matter of Faith ; and that no more is required by way of Faith to the salvation of one man , th●n to another . 9. That Super●●ructions are not points of the faith necessary to a Christian . 10. How faith and Justice c●ncurre to salvation . 11. That in Christian Common-Wealths , Obedience to God and man stand wel together . 12. This Tenet , Whatsoever is against the conscience , is sin , interpreted 13. That all men do confess the necessity of submitting of controversies to some Humane Authority . 14. That Christians under an Infidel , are discharged of the Iniustice of disobeying them , in that which concerneth the faith necessary to salvation , by not resisting .

HAving shewed , that in all Common-Wealths whatsoever , the necessity of Peace and Government requireth , that there be existent some Power , either in One man , or in One Assembly of men , by the Name of the Power Soveraign , to which it is not lawfull for any Member of the same Common-Wealth to disobey ; There occurreth now a difficulty , which if it be not removed , maketh it unlawfull for a man to put himself under the Command of such Absolute Soveraignty , as is required thereto . And the difficulty is this ; We have amongst us the Word of God for the Rule of our Actions : Now if wee shall subiect our selves to men also , obliging our selves to do such Actions , as shall be by them commanded , when the Commands of God and Man shall differ , we are to obey God , rather then man ; And consequently , the Covenant of general Obedience to man is unlaw●ull .

2. This difficulty hath not been of very great Antiquity in the World . There was no such Dilemna amongst the Jewes ; for their Civil Law , and Divine Law , was one and the same Law of Moses ; the Interpreters whereof were the Priests , whose Power was subordinate to the Power of the King ; as was the Power of Aaron to the Power of Moses . Nor is it a controversie that was ever taken notice of amongst the Grecians , Romanes , or other Genti●es : for amongst these their severall Civill Lawes , were the Rules whereby not only Righteousness and Virtue , but also Religion , and the External Worship of God was ordered and approved ; that being esteemed the true worship of God which was {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} , according to the Laws Civil . Also those Christians that dwell under the Temporal Dominion of the Bishop of Rome , are free from this Question ; for that they allow unto him ( their Soveraign ) to interpret the Scriptures , which are the Law of God as he in his own Judgement shall think Right . This difficulty therefore remaineth amongst , and troubleth those Christians only , to whom it is allowed , to take for the sense of the Scripture , that which they make thereof , either by their own private Interpretation , or by the Inte●pretation of such as are not called thereunto by publick Authority ; they that follow their own Interpretation continually demanding Liberty of Conscience ; and those that follow the Interpretation of Others not ordained thereunto by the Soveraign of the Common-Wealth , requiring a Power in matters of Religion , either above the Power Civil , or at least not depending on it .

3. To take away this scruple of Conscience , concerning Obedience to Humane Lawes , amongst those that interpret to themselves the Word of God in the Holy Scriptures , I propound to their Consideration , first , That no humane Law is intended to oblige the Conscience of a man , unlesse it break out into Action , either of the Tongue , or other part of the Body . The Law made thereupon would be of none effect , because no man is able to discern , but by Word or other action , whether such Law be kept or broken . Nor did the Apostles themselves pretend Dominion over mens Consciences concerning the faith they preached , but only perswasion and instruction . And therefore S. Paul saith , 2 Cor. 1.24 . writing to the Corinthians , concerning their controversies , that he and the rest of the Apostles had no Dominion over their Faith , but were helpers of their Joy .

4. And for the Actions of men which proceed from their consciences , the regulating of which actions is the only Means of Peace , if they might not stand with Justice , it were impossible that Justice towards God , and Peace amongst men , should stand together in that R●ligion that teacheth us , that Justice and Peace should kiss each other , and in which we have so many precepts of absolute Obedience to humane Authority ; as Mat. 23.2 , 3. we have this Precept . The Scribes & Pharisees sit in Moses Seat ; all therefore whatsoever they bid you observe that observe and do . And yet were the Scribes and Pharisees not preists , but men of temporall Authority . Again , Luke 11.17 . Every Kingdome divided against it self shall be desolate ; and is not that Kingdome divided against it self , where the actions of every one shall be ruled by his private opinion or conscience , and yet those actions such as give occasion of offence and Breach of Peace . Again , Rom. 13.5 . Wherefore you must be subject , not because of wrath only , but also for conscience sake , Tit. 3.1 . Put them in remembrance , that they be subiect to Principalities and Powers , 1. Pet. 2.13.14 . submit your selves unto all manner of ordinance of Man , for the Lords sake , whether it be unto the King , as unto the Superiour , or unto Governours , as unto them that are sent of him for the punishment of evill doers . Jude verse 8. These Dreamers also that defile the flesh , and despise Government , and speake evill of them that are in Authority . And forasmuch as all Subiects in Common Wealths are in the nature of Children and servants , that which is a command to them is a command to all Subiects . But to these S. Paul saith , Colos. 3.20.22 . Children obey your Parents in all things , Servants be obedient to your Masters according to the flesh in all things . And verse 23. Do it heartily as to the Lo●d . These places considered , it seemeth strange to me , that any man in a Christian common wealth , should have any occasion to deny his Obedience to publick Authority , upon this ground , that It is better to obey God then Man . For though S. Peter and the Apostles did so answer the Councel of the Jews , that forbade them to preach Christ , there appeareth no reason that Christians should alledge the same against their Christian Governours that command to preach Christ . To reconcile this seeming co●tradiction of simple Obedience to God , and simple Obedience to man , we are to consider a christian subiect , as under a christian soveraign , or under an Infidell .

5. And under a Christian Soveraign we are to consider , what Actions we are forbidden by God Almighty to obey them in , and what not . The Actions we are forbidden to obey them in , are such only , as imply a denial of that Faith which is necessary to our Salvation : for otherwise there can be no pretence of disobedience ; for why should a man incur the danger of a temporal death , by displeasing of his superiour , if it were not for fear of eternal Death hereafter . It must therefore be inquired , what those propositions and Articles be ; the Beleife whereof our Saviour or his Apostles have declared to be such as without beleiving them a man cannot be saved ; and then all other points that are now controverted and made distinction of Sects , Papists , Lutheran , Calvinists , Arminians &c. as in old Time , the like made Paulists , Apollonians , and Cephasians , must needs be such , as man needeth not for the holding thereof , deny Obedience to his Superiours . And for the points of Faith necessary to Salvation , I shall call them Fundamental , and every other point a Superstruction .

6. And without all controversie , there is not any more necessary Point to be believed for mans salvation then this , That Jesus is the Messiah , that is , the Christ ; which Proposition is explicated in sundry sorts , but still the same in effect ; as that he is Gods annointed , for that is signified by the word Christ . that He was the true and lawful King of Israel , The Son of David , the Saviour of the World , The Redeemer of Israel , The Salvation of God He that should come into the World , the Son of God , and ( which I desire by the way to have noted , against the now Sect of Arrians ) The begotten Son of God , Act. 3.13 . Heb. 55. The only begotten Son of God , 1 Joh. 1.14.18 . Joh. 3.16 , 18. 1 Joh. 4.9 . That he was God Joh. 1 1 Joh. 20.28 . That the Fulness of the God●ead dwelt in him bodily . Moreover , The Holy one , the Holy one of God , The Forgiver ●f sins , , That he is risen from the Dead . These are Explications , and Parts of that General Article , that Jesus is the Christ . This Point therefore , and all the Explications thereof are Fundamental ; as also all such , as be evidently inferred from thence : as , Belief in God the Father . Joh. 12.44 . He that beleveth in me , believeth not in me , but in him that sent me : 1 Joh. 2.23 , He that denyeth the Son , hath not the Father , Belief in God the Holy Ghost , of whom Christ saith , Joh. 14.26 . But the Comforter which is the Holy Ghost , whom the Father will send in my Name . And Joh. 15.16 . But when the comforter shall come whom I will send unto you from the Father , even the Spirit of truth . Beleife of the scriptures , by which we beleeve those points , and of the immortality of the Soul , without which we cannot beleeve that he is a Saviour .

7. And as these are the fundamentall points of faith necessary to salvation , so also are they only necessary as matter of faith ●nd also essential to the calling of a christian ; as may appear by many evident places of Holy Scripture : Joh. 5.39 . Search the Scriptures , for in them you think to have eteral life , and they are they which testifie of me . Now , forasmuch as by the Scripture , is meant there the Old Testament ( the New being then not written ) the beleife of that which was written concerning our Saviour in the old Testament , was sufficient beleife for the obtaining of Eternal Life : but in the old Testament there is nothing revealed concerning Christ , but that he is the Messiah , and such things as belong to the Fundamentall Points thereupon depending . And therefore those fundamental Points are sufficient to salvation as of Faith . And Joh. 6.28.29 . Then sayd they unto him , what shall we do , that we might work the works of God ? Jesus answered and said unto them , this is the work of God , that ye beleeve in him , whom he hath sent . So that the Point to be beleived is , That Jesus Christ came forth from God , and he which believeth it , worketh the works of God . Joh. 11.26.27 . Whosoever liveth and beleiveth in me , shall never dye . Beleevest thou this ? She sayd unto him , yea Lord , I beleeve that thou art the Christ the Son of God , which should come into the World . Hence followeth , He that beleiveth this shall never dye . Joh. 20.31 . But these things are wri●ten that ye might beleeve , that Jesus is the Christ , the Son of God , and that in beleiving , ye might have life through his Name . By which appeareth , that this Fundamentall Point is all that is required , as of Faith to our Salvation . 1 Joh. 4.2 . Every Spirit that confesseth that Jesus Christ is come into the flesh is of God : 1 Joh. 5.1 . Whosoever beleiveth that J●s●s is the Christ is born of God , and ver. 5. Who is it that overcometh the World , but he that beleiveth that Jesus is the Son of God : and vers. 13. These things have I written unto you that beleeve in the Name of The Son of God , that ye may know that ye have ●ternall life . Act. 8.36.37 . The Eunuch said , Here is Water , what doth let me to be baptized ? And Philip said unto him , if thou beleevest with i● thy heart , thou mayst . He answered and sayd , I beleeve that Jesus Christ is the Son of God . This point therefore was sufficient for the reception of Man into Baptisme , that is to say , to Christianity . And Act. 16.30 . The Keeper of the Prison , fell down before Paul and Silas , and said , Sirs , what shall I do to be saved ? And they sayd , beleeve in the Lord Jesus Christ . And the Sermon of S. Peter upon the day of Pentecost , was nothing else but an explication , that Jesus was the Christ . And when they had heard him , asked him , what shal we do , he said unto them , Ac. 2.38 . Amend your lives , and be baptized evry one of you in the Name of Jesus Christ for the Remission of sins . Rom. 10.9 . If thou shalt conf●ss with thy mouth the Lord Jesus , and shalt beleeve in thy heart , that God raised him up from the Dead , thou shalt be saved . To these places may be added , that wheresoever our Savior Christ doth approve the Faith of any man , the Proposition beleeved ( if the same to be collected out of the Text ) is alway some of those Fundamentall Points before mentioned , or something Equivalent : as the Faith of the Centurion , Mat. 8.8 . Speake the word only , and my Servant shall be healed , beleiving he was omnipotent : The Faith of the Woman , which had an Issue of Blood , Math , 9.21 . If I may but touch the Hem of his Garment , implying , he was the Messiah , The Faith required of the blind men , Mat. 9.28 . Beleeve you that I am able to do this ? The Faith of the Canaanitish Woman , Matth. 15.22 . That he was the Son of David , implying the same . And so it is in every one of those places ( none excepted ) where our Saviour commendeth any mans Faith , which because they are too many to insert here , I omit , and refer them to his Inquisition that is not otherwise satisfied . And as there is no other Faith required , so there was no other preaching : for the Prophets of the Old Testament , preached no other , and John the Baptist preached only the Approach of the Kingdome of Heaven , that is to say , of the Kingdome of Christ , the same was the commission of the Apostles , Mat. 10.7 . Go preach , saying , the kingdome of Heaven is at hand . And Paul preaching amongst the Jews , Act. 18.5 . did but testifie unto the Jews that , Jesus was the Christ . And the Heathens took notice of Christians no otherwise , but by this name that they beleeved Jesus to be a King , crying out . Act. 17.6 . These are they that have subverted the state of the World , and here they are , whom Jason hath received . And these all doe against the Decrees of Caesar , saying , that there is another King , One Jesus . And this was the Sum of the Predictions , the Sum of the Confessions of them that beleeved , as well Men as Devils . This was the Title of his Crosse , Jesus of Nazareth , King of the Jewes ; This the occasion of the Crowne of Thorns , Scepter of Reed , and a man to carry his Crosse ; This was the Subiect of the Hosan●a's ; And this was the Title , by which our Saviour commanding to take another mans goods , bad them say , The Lord hath need : And by this Title , he purged the Temple of the profane market kept there . Nor did the Apostles themselves believe any more , then that Jesus was the M●ssiah , nor understand so much ; for they understood the Messiah to be no more then a Temporall King , till after our Saviours Resurrection . Furthermore , this Point , that Christ is the Messiah , is particularly set forth for Fundamentall by that word , or some other equivalent thereunto in divers places . Upon the Confession of Peter , Matth. 16.16 . Thou art the Christ , the Son of the living God , Our Saviour ver. 18. saith , Upon this Rock will I build my Church . This point therefore is the whole Foundation of Christs Church . Rom. 15.20 . S. Paul raith , I so inforced my self to preach the Gospel , not where Christ was named , lest I should have built upon another mans foundation , 1 Cor. 3.10 . S. Paul when he had reprehended the Corinthians for their Sects , & curious Doctrines and Questions , he distinguisheth between Fundamental Points , and Superstruction ; and saith , I have laid the Foundation , and another buildeth thereupon ; but let every man take heed how he buildeth upon it , For other Foundation can no man lay , then that which is laid , which is Jesus Christ . Colos. 2.6 . As you have received Christ Jesus the Lord , so walk in him , rooted and builded in him , and stablished in the Faith .

8. Having shewed this Proposition , Jesus is the Christ , to be the only Fundamentall and necessary point of Faith , I shal set down a few places more , to shew , that Other Points , though they may be true , are not so necessary to be believed , as that a man may not be saved , though he believe them not . And first , If a man could not be saved without assent of the Heart to the truth of all Controversies , which are now in agitation concerning Religion , I cannot see , how any man living can be saved ; so full of subtilty , and curious knowledge it is to be so great a Divine . Why therefore should a man think that our Saviour , who , Mat. 11.30 . saith , that His Yoke is easie , should require a matter of that difficulty ? or how are little Children said to believe . Mat. 18.6 . or how could the good Thief be thought sufficiently catechized upon the Crosse ? or S. Paul so perfect a Christian presently upon his Conversion ? and though there may be more Obedience required in him that hath the Fundamental points explicated unto him , then in him that hath received the same but implicitely ; yet there is no more faith required for salvation in one man , then in another . For if it be true , that Whosoever shall confesse with his mouth the Lord Jesus , and believe in his heart , that God raised him from the Dead , shall be saved ; as it is , Rom. 10.9 . and that Whosoever believeth that Jesus is the Christ , is born of God , the Belief of that point is sufficient for the salvation of any man whosoever he be , for as much as concerneth Faith . And seeing he that believeth not that Jesus is the Christ , whatsoever he believe else , cannot be saved , it followeth , that there is no more required to the salvation of one man , then another , in matter of Faith .

9. About these points Fundamental , there is little Controversie amongst Christians , though otherwise of different Sects amongst themselves . And therefore the Controversies of Religion , are altogether about Points unnecessary to salvation ; whereof some are Doctrines raised by Humane Ratiocination , from the points Fundamentall . As for Example ; such Doctrines as concern the Manner of the Real Presence , wherein are mingled tenets of Faith concerning the Omnipotency & Divinity of Christ , with the Tenets of Aristotle and the Peripatelicks , concerning Substance and Accidents , Species , Hypostasis , and the Subsistence and Migration of Accidents from place to place ; Words some of them without meaning , and nothing but the Canting of Grecian Sophisters . And these Doctrines are condemned expresly , Col. 2.8 . where after S. Paul had exhorted them to be rooted and builded in Christ , he giveth them this farther Caveat ; Beware lest there be any man that spoil you through Philosophy and vain deceits , through the Traditions of men , according to the rudiments of the World . And such , are such Doctrines , as are raised out of such places of the Scriptures , as concern not the Foundation , by mens natural Reason ; as about the Concatenation of Causes , and the Manner of Gods Predestination ; which are also mingled with Philosophy : as if it were possible for men that know not in what manner God seeth , heareth , or speaketh , to know nevertheless the manner how he intendeth , and predestinateth . A man therefore ought not to examin by Reason any point , or draw any Consequence out of Scripture , by Reason , concerning the nature of God Almighty , of which Reason is not capable . And therefore S. Paul , Rom. 12.3 . giveth a good Rule , That no man presume to understand above that which is meet to understand , but that he understand according to Sobriety , which they doe not , who presume out of Scripture , by their own Interpretation , to raise any Doctrine to the Understanding , concerning those things , which are incomprehensible . And this whole controversie concerning the Predestination of God , and the Free Wil of Man , is not peculiar to Christian men . For we have huge volumes of this subiect , under the name of Fate & Contingency , disputed between the Epicurians and the Stoicks , and consequently it is not matter of Faith , but of Philosophy : and so are also all the Questions concerning any ot●er Point , but the Foundation before named : and God receiveth a man which part of the Question soever he holdeth . It was a Controversie in S. Pauls time , whether a Christian Gentile might eate freely of any thing which the Christian Jews did not : and the Jew condemned the Gentile that he did eat , to whom S. Paul saith , Rom. 14.3 , Let not him that eateth not , iudge him that eateth : for God hath received him . And vers. 6. in the Question concerning the observing of Holy Dayes , wherein the Gentiles the Jewes differed , he saith unto them , He that observeth the Day , observeth it to the Lord , and he that observeth not the Day , observeth it not to the Lord . And they who strive concerning such Questions , and divide themselves into Sects , are not therefore to be accounted zealous of the Faith , their strife being but carnal , which is confirmed by S. Paul , 1 Cor. 3.4 . When one saith , I am of Paul , and another , I am of Apollos , are ye not carnal ? For they are not Questions of Faith , but of wit , wherein carnally men are inclined to seek the Mastery one of another . For nothing is truly a Point of Faith , but that Jesus is the Christ ; as S. Paul testifieth , 1 Cor. 2.2 . For I esteemed not the knowledge of any thing amongst you , save Jesus Christ , and him crucified . And 1 Tim. 6.20 . O Timotheus , keep that which is committed un●o thee , and avoid prophane and vain bablings , and Opposition of Science falsly so called , which while s●me profess , they have erred concerning the Faith . 2 Tim. 2.16 . Stay prophane and vain bablings , &c. vers. 17. Of which sort is Hymeneus and Philetus , which as concerning the truth , have erred , saying , that the Resurrectionis past already . Whereby S. Paul shewed , that the Raising of Questions by Humane Ratiocination , though it be from the Fundamental Points themselves , is not onely not necessary , but most dangerous to the Faith of a Christian . Out of all these places , I draw only this Conclusion in general , That neither the points now in Controversie amongst Christians of different Sects , or in any point that ever shall be in Controversie , excepting only those that are contained in this Article , Jesus is the Christ , are necessary to salvation , as of faith ; though in matter of obedience , a man may be bound not to oppose the same .

10. Although to the obtaining of Salvation , there be required no more , as hath been already declared out of the Holy Scriptures , as matter of Faith , but the Belief of those Fundamental Articles before set forth , neverthelesse , there are required other things , as matter of obedience . For as it is not enough in Temporal Kingdoms ( to avoid the punishment which Kings may inflict ) to acknowledge the Right and Title of the King , without Obedience also to his Laws ; So also it is not enough , to acknowledge our Saviour Christ to be the King of Heaven , in which consisteth Christian Faith , unless also we endeavour to obey his Lawes , which are the Lawes of the Kingdome of Heaven , in which consisteth Christian Obedience . And forasmuch as the Laws of the Kingdom of Heaven , are the Laws of Nature , as hath been shewed , Part. 1. Chap. 5. not only Faith , but also the Observation of the Law of Nature , which is that for which a man is called Just or Righteous , ( in that sense , in which Justice is taken not for the Absence of Guilt , but for the Endeavor and constant Will to do that which is Just ) not only Faith , but this Justice , which also from the effect thereof , is called Repentance , and sometimes Works , is necessary to salvation . So that Faith and Justice do both concur thereto ; and in the several acceptation of this word Justification , are properly said both of them to justifie ; and the want of either of them is properly said to condemn . For not only he that resisteth a King upon doubt of his Titl● , but also he that doth it upon the inordinatenesse of his Passions , deserveth punishment . And when Faith and Works are separated , not only the Faith is called Dead without Works , but also Works are called Dead Works without Faith , And therefore S. James , Chap. 2.17 . saith , Even so the Faith , if it have no works , is dead in it self , and vers. 26. For as the Body without the Spirit is dead , even so Faith without works is dead . And S. Paul , Heb. 6.1 . calleth Works without Faith , Dead Works , where he saith ; Not laying again the Foundation of Repentance from Dead Works . And by these Dead Works , is understood not the Obedience and Justice of the inward Man , but the opus operatum , or external Action , proceeding from fear of punishment , or from vain glory , and desire to be honoured of men : and these may be separated from Faith , and conduce no way to a Mans Justification . And for that cause , S. Paul , Rom. 4. excludeth the Righteousness of the Law , from having part in the Justification of a sinner . For by the Law of Moses , which is applyed to mens Actions , and requireth the Absence of Guilt , all men living are liable to Damnation , and therefore no man is iustified by Works , but by Faith only . But if Workes be taken for the endeavour to doe them , that is , if the Will be taken for the Deed , or Internal , for External Righteousness , then doe works contribute to Salvation . And then taketh place that of S. James , Chap. 2.24 . Ye see then how that of works a man is iustisted , and not of faith only . And both of these are ioyned to salvation , as in S. Mark . 1.5 . Repent and believe the Gospel . And Luk. 18.18 . when a certain Ruler asked our Saviour , what he ought to doe to inherit eternal life , he propounded to him the keeping of the Commandements ; which when the Ruler said he had kept , he propounded to him the Faith , Sell all that thou hast , and fellow me . And Joh. 3.36 . He that beleeveth in the Son , hath everlasting life . And He that obeyeth not the Son , shall not see life . Where he manifestly ioyneth Obedience and Faith together . And Rom 1.17 . The Just shall live by Faith : not every one , but the Just . For also the Devils beleeve and tremble . But though both Faith and Justice ( meaning still by Justice , not absence of Guilt , but the Good Intentions of the Mind , which is called Righteousness by God , that taketh the Will for the Deed ) be both of them said to iustifie , yet are their Parts in the Act of Justification to be distinguished . For Justice is said to iustifie , not because it absolveth , but because it denominates him Just , and setteth him in an estate , or capacity of salvation , whensoever he shal have Faith . But faith is said to justifie , that is , to absolve , because by it a iust man is absolved of , and forgiven his uniust Actions . And thus are reconciled the places of S. Paul , and S. James , that Faith only iustifieth , and A man is iustified by Faith onely : and shewed how Faith and Repentance must concur to salvation .

11. These things considered , it will easily appear , That under the Soveraign power of a Christian Common VVealth , there is no Danger of Damnation from simple Obedience to Humane Lawes : for in that the Soveraign alloweth Christianity , no man is compelled to renounce that Faith , which is enough for his Salvation , that is to say , the Fundamental Points . And for other Points , seeing they are not neces●ary to salvation , if we conform our Actions to the Lawes , we do not only what we are allowed , but also what we are commanded by the Law of Nature , which is the morall Law taught by our Saviour Himself . And it is part of that Obedience , which must concur to our Salvation .

12. And though it be true , whatsoever a man doth against his Conscience , is sin , yet the Obedience in these Cases is neither sin , nor against the Conscience . For the Conscience being nothing else but a Mans setled judgement and Opinion , when he hath once transferred his Right of Judging to another , that which shall be commanded , is no lesse his Judgement , then the Judgement of that other . So that in Obedience to Lawes , a man doth still according to his owne Conscience , but not his private Conscience . And whatsoever is done contrary to private Conscience , is then a Sin , when the Lawes have left him to his own liberty , and never else . And then whatsoever a man doth , not only believing it is ill done , but doubting whether it be ill or not , is done ill , in case he may lawfully omit the doing .

13. And as it hath been proved , that a man must submit his Opinions in matter of Controversie to the Authority of the Common Wealth , so also is the same confest by the practice of every one of them that otherwise deny it . For who is there differing in Opinion from another , and thinking himself to be in the right , and the other in the wrong , that would not think it reasonable , if he be of the same Opinion that the whole State alloweth , that the other should submit his opinion also thereunto ; or that would not be content , if not that one or a few men , yet all the Divines of a whole Nation , or at least an Assembly of all those he liketh , should have the Power to determine all the Controversies of Religion ? or , who is there that would not bee content , to submit his Opinions either to the Pope , or to a Genenerall Councel , or to a Provincial Councel , or to a Presbyterie of his owne Nation ? And yet in all these Cases hee submitteth himselfe to no greater then Humane Authoritie .

Nor can a man bee said to submit himselfe to Holy Scripture , that doth not submit himselfe to some or other for the Interpretation thereof . Or , why should there bee any Church Government at all instituted , if the Scripture it selfe could doe the Office of a Judge in Controversies of Faith , ? But the Truth is apparent , by continuall Experience , that men seeke not onely Liberty of Conscience , but of their Actions , nor that onely , but a farther Liberty of perswading others to their Opinions ; nor that onely , for every man desireth that the Soveraign Authoritie , should admit no other Opinions to bee maintained , but such as hee himselfe holdeth .

14. The difficulty therefore of obeying both God and Man in a Christian Common Wealth is none : All the difficulty resteth in this Point , Whether hee that hath received the Faith of Christ , having before subiected himselfe to the Authoritie of an Infidell , bee discharged of his Obedience thereby , or not , in matters of Religion .

In which case it seemeth reasonable to thinke , that since all Covenants of Obedience are entred into for the preservation preservation of a mans life , if a man be content without Resistance to lay down his life , rather then obey the commands of an Infidel , in so hard a Case he hath sufficiently discharged himself thereof . For no Covenant bindeth farther then to endeavour ; and if a man cannot assure himself to perform a iust Duty , when thereby he is assured of present Death , much less it can be expected , that a man should perform that , for which he believeth in his heart he shall be damned eternally . And thus much concerning the Scruple of Conscience , that may arise concerning Obedience to Humane Lawes , in them that interpret the Law of God to themselves . It remaineth , to remove the same scruple from them , that submit their controversies to others not ordained thereunto by the Soveraign Authority . And this I refer to the Chapter following .

CHAP. VII . 1. The Questions propounded , who are the Magistrates in the Kingdome of Christ . 2. The Questions exemplified , in the Controversies between Moses and Aaron , and between Moses and Corah . 3. Amongst the Jews , the Power Temporal and Spiritual in the same Hand . 4. Parallel of the Twelve Princes of Israel , and the twelve Apostles . 5. Parallel of Seventy Elders , and Seventy Disciples . 6. The Hierarchy of the Church in our Saviours time , consisted in the Twelve , and in the Seventy . 7. Why Christ ordained not Priests for Sacrifices , as Moses did . 8. The Hierarchy of the Church in the Apostles time , Apostles , Bishops , and Priests . 9. The Preaching of the Gospel , was not commanding , but perswading . 10. Excommunication . Soveraignes immediate Rulers Ecclesiasticall under Christ . 11. That no man hath any just Pretence of Religion against Obedience to Common-VVealth . God speaketh to Man by his Vicegerents .

IN the former Chapter have been removed those difficulties opposing our Obedience to Humane Authority ; which arise from misunderstanding of our Saviours Title and Lawes : in the former whereof , namely , his Title , consisteth our Faith ; and in the latter , our Justice . Now they who differ not amongst themselves concerning his Title , and Lawes , may neverthelesse have different opinions concerning his Magistrates , and the Au●hority he hath given them . And this is the cause , why many Christians have denyed Obedience to their Princes , pretending that our Saviour Christ hath not given this Magistracy to them but to others . As for example , some say , to the Pope universally ; some to a Synod Aristocratical ; Some , to a Synod Democraticall in every several Common VVealth ; and the Magistrates of Christ being they by whom he speaketh , the Question is , Whether he ●peak unto us by the Pope , or by Convocations of Bishops and Ministers , or by Them that have the Soveraign Power in every Common-Wealth .

2. This Controversie was the cause of those two Mutinies , that happened against Moses in the Wilderness . The first by Aaron and his Sister Miriam , who took upon them to censure Moses for marrying an Ethiopian woman . And the state of the Question between them and Moses , they set forth , Numb. 12.2 . in these words , VVhat hath the Lord spoken but only by Moses ? hath be not spoken also by us ? and the Lord heard this , &c. and punished the same in Miriam , forgiving Aaron upon his Repentance . And this is the case of all them that set up the Priest-hood against the Soveraignty . The other was of Corah , Dathan , and Abiram , who with two hundred and fifty Captains gathered themselves together against Moses , and against Aaron . The state of their Controversie was this , Whether God were not with the Multitude , as well as with Moses , and every man as holy as he . For Numb. 16.3 . thus they say , You take too much upon you , seeing all the Congregation is holy , every one of them , and the Lord is amongst them : wherefore then lift ye your selves above the Congregation of the Lord ? And this is the case of them that set up their private Consciences , and unite themselves to take the Government of Religion out of the hands of Him or Them , that have the Soveraign Power of the Common Wealth : which how well it pleaseth God , may appear by the hideous punishment of Corah and his Complices .

3. In the Government therefore of Moses , there was no power neither Civil , nor Spiritual , that was not derived from him . Nor in the State of Israel under Kings , was there any Earthly Power by which those Kings were compellable to any thing , or any Subiect allowed to resist them in any case whatsoever . For though the Prophets by extraordinary calling , did often admonish and threaten them , yet they had no Authority over them . And therefore amongst the Jews , the power Spirituall and Temporall , was alwayes in the same Hand ,

4. Our Saviour Christ , as he was the rightful King of the Jewes in particular , as well as King of the Kingdome of Heaven , in the ordaining of Magistrates , received that form of Policy , which was used by Moses . According to the number of the Children of Jacob , Moses tooke unto him by the appointment of God , Numb. 1.4 . twelve men , every one of the chief of their Tribe , which were to assist him in the Muster of Israel . And these twelve , vers. 24. are called the Princes of Israel , Twelve men , every one for the house of their Fathers , which are said also , Numb. 7.2 . To be heads over the Houses ●f their Fathers and Princes of the Tribes , and ●ver them that were numbred . And these were every one equall amongst themselves , In like manner our Saviour tooke unto him Twelve Apostles to be next unto him in Authority , of whom he saith , Matth. 19.28 . When the Son of Man shall sit in the Throne of his Maiesty , ye shall follow me in the Regeneration , shall sit also upon Twelve Thrones , and iudge the Twelve Tribes of Israel . And concerning the equality of the Twelve Apostles amongst themselves , our Saviour saith , Matth. 20.25 . Ye know that the Lords of the Gentiles have Domination over them , &c. vers. 26. But it shall not be so amongst you ; but whosoever will be greatest among you , let him be your servant . And Matth. 23.11 . He that is greatest among you , let him be your Servant , And a little before , vers. 8. Be not called Rabbi , for one is your Doctor , Christ , and all ye are Brethren . And Act. 1. in the chusing of Matthias to be an Apostle , though S. Peter used the part of a Prolocutor , yet did no man take upon him the Authority of Election , but referred the same to Lot .

5. Again Moses had the command of God , Num. 11.16 . Gather to me seventy men of the Elders of Israel , whom thou knowest that they are the Elders of the People , and Governors over them , and bring them unto the Tabernacle , &c. And Moses did accordingly , vers . 24. And these were chosen to help Moses in bearing the burthen of the Government , as appeareth vers. 17. of the same Chapter . And as the Twelve Princes of the Tribes were according to the number of Jacobs Children ; so were the seventy Elders according to the number of the persons that went down with Jacob into Egypt . In like manner our Saviour in his Kingdome of Heaven , the Church , out of the whole number of those that believed in him , ordained seventy Persons , which peculiarly were called the seventy Disciples , to whom he gave power to preach the Gospel and Baptize .

6. In our Saviours time therefore , the Hierarchy of the Church consisted ( besides Himself that was the Head ) of Twelve Apostles , who were equal amongst themselves , but ordained over others , as were the twelve Heads of the Tribes , or seventy Disciples , who had every one of them power to Baptize and Teach , and help to govern the whole Flock .

7. And whereas in the Common Wealth instituted by Moses , there was not only an High Priest for the present , but also a Succession and Order of Priest ; it may be demanded Why our Saviour Christ did not ordain the like ? To which may be answered , That the High Priesthood , for as much as concerneth the Authority thereof , was in the Person of Christ , as he was Christ , that is , King . So also was it in Moses , Aaron having the Ministerial part only . For notwithstanding that Aaron was the High Priest , yet the consecration of him belonged to Moses Exod. 29.1 . All the Utensils of sacrifice , and other holy Things , were ordered by Moses , and in sum , the whole Levitical Law was delivered by God , by the hand of Moses , who was to Aaron a God ; and Aaron to him a Mouth . And for the Ministerial part , there could no High Priest be ordained but himself : for seeing our Saviour was himself the Sacrifice , who but himself could offer him up ? And for the celebration of that sacrifice for ever after , our Saviour annexed the Priest-hood to those whom he had appointed to govern in the Church .

8. After the ascension of our Saviour , the Apostles dispersed themselves for the spreading of the Gospel , and continually as they converted any number of men , in any city , or region , to the Faith ; they chose out such as they thought fittest to direct them in matter of conversation and life , according to Christs law , and to explicate unto them , that Mysterie of Christ come in the flesh , that is to say , to unfold unto them at large the office of the Messiah . And of those Elders some were subordinate to others , according as the Apostles who ordained them , thought meet : so S. Paul gave power unto Titus , to ordain Elders in Crete , & to redress things that were amiss . So that Titus was an Elder & ordained Elders . Tit. 1.5 . For this cause I left thee in Creet , that thou shouldest continue to redress the things that remain , & ordain Elders in every City , where the word is {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} that is constitute ; whereby it appeareth , that in the Apostles times , one Elder had authority over another , to ordain and rule them . For , 1 Tim. 5.16 . Timothy an Elder , is made iudg of accusations against other Elders . And Act. 14.23 . The Disciples are said to ordain Elders , for all the congregations of the cities , they had preached in . And though the word there be {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} , yet it signifieth not election , by holding up of hands , but simply and absolutely Ordination . For the ordinary chusing of Magistrates amongst the Grecians , which were all either popularly governed , or else by Oligarehy , being performed by holding up of hands , made that word be taken simply , for an Election , or Ordination , howsoever made . And thus in the Primitive Church , the Hierarchy of the Church was Apostles , Elders that governed other Elders , and Elders that ruled not , but their office was to preach , to administer the Sacraments , to offer up prayers and thanksgiving in the name of the People . But at that time there appeared no distinction between the names of Bishop and Elder . But immediatly after the Apostles time , the word Bishop was taken to signifie such an Elder as had the government of Elders ; and other Elders , were called by the name of Priests , which signifieth the same that Elder doth . And thus the Government of Bishops hath a Divine pattern in the twelve Rulers , and seventy Elders of Israel , in the twelve Apostles , and seventy Disciples of our Saviour , in the ruling Elders , and not Ruling-Elders in the time of the Apostles .

9. And thus much of the Magistrates over Christs Flock in the primitive Church . For the office of a Minister , or Ministress was to be subiect to the Flock , and to serve them in those things which appertained to their temporal business . The next thing to be considered is the Authority which our Saviour gave to them , either over those whom they had converted , or those whom they were about to convert . And for these latter , which as yet were without the Church , the authority which our Saviour gave to his Apostles was no more but this , To preach unto them that Jesus was the Christ , and to explicate the same in all points , that concern the Kingdome of Heaven , and to perswade men to embrace our Saviours Doctrine , but by no meanes to compel any man to be subiect to them : for seeing the Lawes of the Kingdom of Heaven , as hath been shewed , Par. 1. chap. 5. Sect. 10. are dictated to the conscience onely , which is not subiect to compulsion and constraint , it was not congruent to the style of the King of Heaven to constrain men to submit their actions to him , but to advise them only ; nor for him that professeth the Sum of his law to be love , to extort any duty from us with feare of temporall punishment . And therefore as the mighty men in the world , that hold others in subiection , by force , are called in Scripture by the name of hunters , so our Saviour calleth those whom he appointed to draw the world unto him , by subduing their affections , Fishers . And therefore he saith to Peter and Andrew , Math 4.19 . Follow me and I will make yee fishers of men . And Luke 10.3 . Behol● ( saith Christ ) I send yee forth as Lambs amongst Wolves . And it were to no end to give them the right of compelling without strengthing the same with greater power then of Lambs amongst Wolves . Moreover , Math 10. where our Saviour giveth a commission to his twelve Apostles . to go forth and convert the Nations to the Faith , he giveth them no authority of Coercion and punishment , but only saith , vers. 14. Whosoever shall not receive you , nor hear your words , when ye depart out of that house or that City , shake off the dust of your fee . It shall be easier for the land of Sodome and Gomorrah in the day of Judgmemt then for that city . Whereby it is manifest , that all that the Apostles could do by their authority , was no more than to renounce communion with them , and leave their punishment to God Almighty , in the day of Judgement . Likewise the comparisons of the Kingdom of Heaven , to the seed Math 13.3 . and to the Leven , Math 13.33 . doth intimate unto us , that the increase thereof ought to proceed from internall operation of Gods Word preached , and not from any Law or compulsion of them that preach it . Moreover our Saviour himselfe saith Joh. 18.36 . That his Kingdome is not of this World , and consequently his Magistrates derive not from him any authority of punishing men in this World . And therefore also Math 26.52 . After S. Peter had drawn his sword in his defence , our Saviour saith , Put up thy sword into his place . For all that take the sword , shall perish by the sword . And vers. 54. How then shal the Scriptures be fullfilled , which say , that it must be so ? shewing out of the Scriptures , that the Kingdome of Christ was not to be defended by the sword .

10. But concerning the authority of the Apostles or Bishops over those who were all-ready converted and within the Church , ●here be that think it greater then over them ●ithout . For some have said . Though the Law of Christ deprive no Prince of his Dominion , and Paul did rightly appeal unto Cesar , whilst Kings were ●nfidells and out of the Church , yet when they became Christians , and of their own accord under went the Lawes of the Gospel , presently as sheep to a shepherd , and as Members to the Head , they became subiect to the Prelate of the Ecclesiastical Hierarchy . Bell. Lib. De Rom. Pont. Chap. 29. which whether it be true or not , is to be considered by that light which we have from the holy Scripture , concerning the power of our Saviour and his Apostles ▪ over such as they had converted . But our Saviour , as he imitated the common-wealth of the Jewes in his Magistrates , the twelve and the seventy , so did he also in the Censure of the Church , which was Excommunication ; but amongst the Jews , the Church did put the Excommunicated persons from the Congregation , which they might do by their Power Temporall ; but our Saviour and his Apostles , who took upon them no such Power , could not forbid the Excommunicated person to enter into any place and Congregation , into which he was permitted to enter , by the Prince , or Soveraign of the place . For that had been to deprive the Soveraign of his Authority . And therefore the Excommunication of a Person subject to an Earthly power , was but a Declaration of the Church , which did excommunicate , that the person so excommunicated was to be reputed still as an Infidell , but not to be driven by their Authority out of any company , he might otherwise lawfully come into . And this is it our Saviour saith , Math. 18.17 . If he refuse to hear the Church , let him be unto thee as an heathen man and a Publican . So that the whol effect of excommunicating a Christan Prince , is no more then he or they that so excommunicate him depart and banish themselves out of his Dominion . Nor can they thereupon discharge any of his subjects of their obedience to him ; for that were to deprive him of his Dominion ; which they may not do , for being out of the Church . It is confessed by them that make this objection , and proved in the former Section , that our Saviour gave no Authority to his Apostles to be judges over them . And therefore in no case can the Soveraign power of a Common-wealth be subject to any Authority Ecclesiasticall , besides that of Christ himselfe . And though he be informed concerning the Kingdome of Heaven and subiect himselfe thereto , at the perswasions of persons Ecclesiasticall , yet is he not thereby subiect to their Goverment and Rule . For if it were by their Authority he took that Yoke upon him , and not by their Perswasion , then by the same Authority he might cast it off . But this is unlawfull . For i● all the Churches in the World should renounce the Christian Faith , yet is not this sufficient Authority for any of the Members to do the same . It is manifest therefore , that they who have Soveraign Power , are Immediate Rulers of the Church under Christ , and all other but subordinate to them . If that were not , but Kings should command one thing upon pain of Death , and Priests another , upon pain of Damnation , it would be impossible that Peace and Religion should stand together .

11. And therefore there is no iust Cause for any man to withdraw his Obedience from the Soveraign State , upon pretence , that Christ had ordained any State Ecclesiasticall above it . And though Kings take not upon them the Ministeriall Priesthood , yet are they not so meerly Laick , as not to have Sacerdotall Jurisdiction . To conclude this Chapter ; Since God speaketh not in these Dayes to any man by his private Interpretation of the Scriptures , nor by the Interpretation of any Power above or not depending on the Soveraign Power of every Common Wealth , it remaineth , that he speaketh by his Vice-Gods , or Lievtenants here on Earth , that is to say , by Soveraign Kings , or such as have Soveraign Authority as well as they .

CHAP. VIII 1. The things that dispose to Rebellion , Discontent , Pretence , and hope of Successe . 2. Discontent that disposeth to Sedition , consisteth partly in fear of Want , or punishment . 3. Partly in Ambition . 4. Six heads of pretences to Rebellion 5. The first of them , That men ought to do nothing against Conscience , confuted . 6. The second , That Soveraigns are subiect to their own Lawes , confuted . 7. The third , That the Soveraignty is divisible , confuted . 8. The fourth , That Subiects have a Propertye distinct from the Dominion of the Soveraign confuted . 9. The fift . That the People is a Person distinct from the Soveraign , confuted . 10. The sixt , That tirannicide is lawfull confuted . 11. Foure Heads of Hope of successe in Rebellion . 12. Two things necessary to an Author of Rebellion , much Eloquence , and little Wisdome . 13. That the Authors of Rebellion necessarily are to be men of little Wisdome . 14. That the same are necessarily Eloquent . 15. In what manner they concur to their common Effects .

HItherto of the Causes why , and the Manner how , men have made Common Wealths . In this Chapter I shall shew breifly by what causes , and in what manner they be again destroyed ; Not meaning to say any thing concerning the Dissolution of a Common Wealth , from forreign Invasions , which is as it were the violent Death thereof . I shall speak only of Sedition , which is also the Death of the Common-Wealth , but like to that which happeneth to a man from sicknesse and Distemper . To dispose men to Sedition , three things concur . The first is discontent ; for as long as a man thinketh himself wel , and that the present Government standeth not in his way to hinder his proceeding from well to better , it is impossible for him to desire the change thereof . The second is pretence of Right ; for though a man be Discontent , yet if in his own Opinion there be no iust Cause of stirring against , or resisting the Government established , nor any Pretence to justify his Resistance , and to procure Aid , he will never shew it . The third is hope of success : For it were madness to attempt without hope , when to fail , is to dye the Death of a Traytor . Without these three , Discontent , Pretence , and Hope , there can be no Rebellion : and when the same are all together , there wanteth Nothing thereto , but a Man of Credit to set up the Standard , and to blow the Trumpet .

2. And as for Discontent , it is of two sorts : For it consisteth either in Bodily Pain present or expected , or else in Trouble of the Mind ; ( which is the general Division of Pleasure and Pain , Part 1. Cha. 7 Sect. 9. ) The Presence of Bodily Pain disposeth not to Sedition ; The feare of it doth . As for Example ; When a great Multitude or Heap of people , have concurred to a Crime worthy of Death , they joyn together , and take Armes to defend themselves for feare thereof . So also the Feare of Want , or in present Want , the Feare of Arrests and Imprisonment dispose to Sedition . And therefore great Exactions , though the Right thereof be acknowledged , have caused great Seditions . As in the time of Hen 7. the Seditions of the Cornish men that refused to pay a Subsidy , and under the Conduct of the Lord Audley , gave the King Battel upon Black Heath ; and that of the Northern People , who in the some Kings Time , for demanding a Subsidy granted in Parliament , murthered the Ea●l of Northumberland in his house .

3. Thirdly , the other sort of Discontent , which troubleth the Mind of them who otherwise live at ease , without fear of Want , or danger of Violence , ariseth only from a sense of their Want of that Power , and that Honour and Testimony thereof , which they think is due unto them . For all Joy and Grief of mind consisting ( as hath been said Part 1. Chap. 9. Sect. 21. ) in a contention for Precedence to them with whom they compare themselves , such men must needs take it ill , and be greived with the State , as finde themselves postposed to those in Honour , whom they think they excell in Virtue and Ability to govern . And this is it for which they think themselves regarded but as Slaves . Now seeing Freedom cannot stand together with Subiection , Liberty in a Common Wealth is nothing but Government and Rule , which because it cannot be divided , men must expect in Common ; and that can be no where but in the Popular State or Democracy . And Aristotle saith well , lib. 6. c. 2. of his Politicks , The Ground or Intention of a Democracy , is Liberty . VVhich he confirmeth in these words ; For men ordinarily say this , That no man can partake of Liberty , but only in a Popular Common Wealth : Whosoever● therefore in a Monarchicall Estate ▪ where the Soveraign Power is absolutely in one Man , claimeth Liberty , claimeth ( if the hardest construction should be made thereof ) either to have the Soveraignty in his turn , or to be Collegue with him that hath it ; or to have the Monarchy changed into a Democracy . But if the same be construed ( with pardon of that unskilful expression ) according to the Intention of him that claimeth , then doth he thereby claim no more but this , That the Soveraign should take notice of his Ability and Deserving , and put him into imployment and place of subordinate Government , rather then others that deserve lesse . And as one claimeth , so doth another , every man esteeming his own Desert greatest . Amongst all those that pretend to , or are ambitious of such Honour , a few only can be served , unlesse it be in a Democracy ; the rest therefore must be Discontent . And so much of the first Thing that disposeth to Rebellion , namely , Discontent consisting in Fear , and Ambition .

4. The second thing that disposeth to Rebellion , is Pretence of Right . And that is when men have an Opinion , or pretend to have an Opinion , That in certain cases they may lawfully resist Him or Them that have the Soveraign Power , or deprive him or them of the Means to execute the same . Of which Pretences , there be six special Cases . One is , when the Command is against their Conscience , and they believe , it is unlawful for a Subiect at the Command of the Soveraign Power , to doe any Action , which he thinketh in his own Conscience not lawfull for him to do , or to omit any Action , which he thinketh not lawful for him to omit . Another is , when the Command is against the Lawes , and they think the Soveraign Power in such sort obliged to his own Lawes , as the Subiect is ; and that when he performeth not his Duty , they may resist his Power . A Third is , when they receive Commands from some man or men , and a Supersedeas to the same from others , and think the Authority is equal , as if the Soveraign power were divided . A fourth is , when they are commanded to contribute their Persons or Money to the Publick service , and think they have a Propriety in the same distinct from the Dominion of the Soveraign Power ; and that therefore they are not bound to contribute their Goods and Persons , no more then every man shall of himself think fit . A Fifth , when the Commands seem hurtfull to the People ; and they think every one of them , that the Opinion and Sense of the People , is the same with the Opinion of himselfe , and those that consent with him , calling by the Name of People , any Multitude of his own Faction . The sixth is , when the Commands are grievous ; and they account him that commandeth grievous things , a Tyrant ; and a Tyrannicide , that is the killing of a Tyrant , not onely Lawful , but also Laudable .

5. All these Opinions are maintained in the Books of the Dogmaticks , and divers of them taught in publick Chaires , and neverthelesse are most incompatible with Peace and Government , and contradictory to the necessary and demonstrable rules of the same . And for the first , namely , That a man may lawfully doe or omit any thing against his Conscience , and from whence arise all Seditions concerning Religion and Ecclesiasticall Government , it hath been plainly declared in the two last Chapters , that such Opinion is erroneous . For those two Chapters have been wholly spent , to prove , That Christian Religion not onely forbiddeth not , but also commandeth , that in every Common Wealth , every Subiect should in all things to the uttermost of his Power , obey the Commands of him or them that is the Soveraign thereof , and that a man in so obeying , doth according to his Conscience and Judgement , as having deposited his Judgement in all Controversies in the hands of the Soveraign Power ; and that this Errour proceedeth from the Ignorance of What and by Whom God Almighty speaketh .

6. As for the second Opinion , which is this , That the Soveraign is in such sort obliged to his own Laws , as the Subiect is ; the contrary thereof hath been shewed , Part 2. Chap. 1. Sect. 7 , 8 , 9 , 10 , 11 , 12. by which it appeareth , That the Soveraign Power is not to be resisted ; That it carryeth the Sword both of War and Justice ; That it hath Right of deciding all Controversies , both Judicial , and Deliberative ; that it hath the the making of all the Lawes Civill , That it appointeth Magistrates and Publick Ministers , and That it implyeth an Universall Impunity . How can He or They be said to be subiect to the Lawes which they may abrogate at their pleasure , or breake without feare of punishment ? And this Error seemeth to proceed from this , That men ordinarily understand not aright , what is meant by this word Law , confounding Law and Covenant , as if they signifie the same Thing . But Law implyeth a Command ; Covenant is but a Promise . And not every Command is a Law , but only ( Part 1. Chap. 13. Sect. 6. ) when the Command is the Reason we have of doing the Action commanded . And then only is the Reason of our Actions in the Command , when the Omitting is therefore Hurtful , because the Action was commanded , not because it was hurtful of it self ; and doing contrary to a Command , were not at all Hurtful , if there were not a Right in him that commandeth to punish him that so doth . He or They that have all Punishments in their own disposing , cannot be so commanded , as to receive hurt for disobeying , and consequently no Command can be a Law unto them . It is an Errour therefore to think , That the Power which is virtually the whole Power of the Common Wealth , and which in whomsoever it resideth , is usually called Supream , ●r Soveraign , can be subiect to any Law but that of God Almighty .

7. The third Opinion , That the Soveraign Power may be divided , is no less an Errour then the former , as hath been proved , Part 2. Chap. 1. Sect. 15. And if there were a Common Wealth wherein the Rights of Soveraignty were divided , we must confess with Bod●n , lib. 2. Chap. 1. De Repub. That they are not rightly to be called Common Wealths but the Corruption of Common Wealths . For if one part should have power to make the Laws for all , they would by their Laws at their pleasure , forbid others , To make Peace or War , To levy Taxes , or To yeild Fealty and Homage without their leave ; and they that had the Right to make Peace and War , and command the Militia , would forbid the making of other Lawes , then what themselves liked . And though Monarchies stand long , wherein the Right of Soveraignty hath seemed so divided , because Monarchy of it self is a durable kind of Government , yet Monarchs have been thereby diverse times thrust out of their Possession . But the truth is , that the Right of Soveraignty is such , as He or They that have it , cannot ( though they would ) give away any part thereof , and retaine the Rest. As for example ; If we should suppose the People of Rome to have had the absolute Soveraignty of the Romane State , and to have chosen them a Councel by the Name of the Senate , and that to this Senate they had given the Supream Power of making Lawes , Reserving nevertheless to themselves in direct and express Terms , the whole Right and Title of the Soveraignty ; ( which may easily happen amongst them that see not the inseparable Connexion between the Soveraign Power , and the Power of making Lawes ) I say , this Grant of the People to the Senate , is of no effect , and the Power of making Lawes is in the Peopl● still . For the Senate understanding it to be the Will , in intention of the People to r●tain the Soveraignty , ought not to take that for granted , which was contradictory thereto , and passed by Error . For Part 1. Chap. 13. Sect. 9. In contradictory Promises , that which is directly promised , is preferrd before that which is oppositp thereunto by Consequence , because the Consequence of a thing is not alwaies obscured , as is the Thing it self . The Error concerning Mixt Government hath proceeded from want of Understanding of what is ment by this word , Body Politick , and how it signifieth not the Concord , but the Union of many men . And though in the Chapters of subordinate Corporations , a Corporation being declared to be one Person in Law , yet the same hath not been taken notice of in the Body of a Common Wealth or City , nor have any of those inumerable Writers of Politicks , observed and such Union .

8. The Fourth Opinion , to wit , That Subiects have their Meum , Tuum , & Suum , in property , not only by Virtue of the Soveraign Power over them all , distinct from one another , but also against the Soveraign himself , by which they would pretend to contribute nothing to the Publick , but what they please , hath been already confuted , by proving the Absoluteness of the Soveraignty and more perticularly , Part 2. Chap. 5. Sect. 2. and ariseth from this , That they understand not ordinarily that before the Institution of Soveraign Power , Meum & Tuum implyed no Propriety , but a Community , where every man had right to every Thing , and was in state of war with every man .

9. The fifth opinion , That the People is a distinct Body from Him or Them that have the Soveraignty over them , is an Error already confuted Part 2. Chap. 2. Sect. 11. where is shewed , that when men say , The People rebelleth , it is to be understood of those particular persons onely and not of the whole Nation . And when the People claimeth any thing otherwise then by the Voice of the Soveraign Power , it is not the claim of the people , but only of those particular men , that claim in their own persons . And this Error ariseth from the equivocation of the word People .

10 Lastly , for the Opinion , That Tyrannicide is lawfull , meaning by a Tyrant , any man in whom resideth the Right of Soveraignty , is no lesse false and pernicious to Humane Society , then frequent in the Writings of those Moral Philosophers , Seneca and others , so greatly esteemed amongst us . For when a man hath the Right of Soveraignty , he cannot iustly be punished , as hath been often shewed already , and therefore much lesse deposed , or put to Death . And howsoever he might deserve punishment , yet punishment is uniust without Judgment preceding , and Judgment uniust without Power of Judicature , which a Subiect hath not over a Soveraign . But this Doctrine proceedeth from the Schools of Greece , and from those that writ in the Romane State , in which not onely the Name of a Tyrant , but of a King was hatefull .

11. Beside Discontent to the disposing of a Man to Rebellion , and Pretence there is required in the third place , Hope of Successe , which consisteth in foure Points : 1. That the discontented have mutual Intelligence . 2. That they have sufficient Number . 3. That they have Armes . 4. That they agree upon an Head . For these four must concur to the making of one Body of Rebellion , in which Intelligence is the Life , Number the Limbs , Arms the strength , and an Head the Unity , by which they are directed to one and the same Action .

12. The Authors of Rebellion , that is , the men that breed these Dispositions to Rebel in others , of necessity must have in them these three Qual●ties . 1. To be discontented themselves . 2. To be men of mean Judgment and Capacity . And thirdly , to be Eloquent men , or good Orators . And as for their Discontent , from whence it may proceed , hath been already declared And for the second and third , I am to shew now , first , how they may stand together ; for it seemeth a contradiction , to place small Judgement , & great Eloquence , or ( as they call it ) Powerful speaking in the same man . And then in what manner they concur , to dispose other men to Sedition .

13. It was noted by Salust , That in Catiline ( who was Author of the greatest Sedition that ever was in Rome ) there was Eloquentiae Satis , Sapientiae parum , Eloquence sufficient but little Wisdome . And perhaps this was said of Catiline , as he was Catiline . But it was true of him , as an Author of Sedition . For , the Coniunction of these two Qualities made him not Catiline , but Seditious . And that it may be understood , how want of Wisdome , and store of Eloquence , may stand together , we are to consider , what it is we call Wisdome , and what Eloquence . And therefore I shall here again remember some things , that have been said already , Part 1. chap. 5.6 . It is manifest that Wisdome consisteth in Knowledge . Now of Knowledge there are two kinds ; whereof the one is the Remembrance of such Things , as we have conceived by our Sences , and of the Order , in which they follow one another . And this Knowledge is called Experience ; and the Wisdom that proceedeth from it , is that Ability to coniecture by the present , of what is past , and to come , which men call Prudence . This being so , it is manifest presently , that the Author of Sedition , whosoever he be , must not be Prudent . For if he consider and take his Experience aright , concerning the Success which they have had , who have been the Movers and Authors of Sedition , either in this or any other State , he shall find , that for one man that hath thereby advanced himself to honour , twenty have come to a Reproachful end . The other kind of Knowledge , is the Remembrance of the Names or Appellations of things , and how every thing is called , which is in matters of Common Conversation , a Remembrance of Pacts and Covenants of men made amongst themselves , concerning how to be understood of one another . And this kind of Knowledge is generally called Science , and the conclusions thereof Truth . But when men remember not how things are named , by general agreement , but either mistake & mis-name things , or name them aright by chance , they are not said to have Science , but Opinion , and the Conclusions thence proceeding , are uncertain , and for the most part erroneous . Now that Scie●ce in particular , from which proceed the true and evident conclusions of what is Right and Wrong , and what is Good and Hurtful to the Beeing , and Well-being of Mankind , the Latines call Sapientia , and wee by the generall Name of Wisdome . For generally , not he that hath skill in Geometry , or any other Science speculative , but only he that understandeth what conduceth to the good and government of the people , is called a Wise man . Now that no Author of Sedition can be wise in this Acceptation of the Word , is sufficiently proved , in that it hath been already demonstrated , that no Pretence of Sedition can be right or Just . And therefore the Authors of Sedition must be ignorant of the Right of State , that is to say , Unwise . It remaineth therefore , that they be such , as name things , not according to their true and generally agreed upon Names , but call Right and Wrong , Good and Bad , according to their Passions , or according to the Authorities of such , as they admire , as Aristotle , Cicero , Seneca , and others of like Authority , who have given the names of Right and Wrong , as their Passions have dictated ; or have followed the Authotity of other men , as we do theirs . It is required therefore in an Author of Sedition , that he think Right , that which is Wrong ; and profitable , that which is pernicious ; and consequently that there be in him Sapientiae parum , little Wisdome .

14. Eloquence is nothing else but the Power of winning Belief of what we say . And to that end we must have Ayd from the Passions of the Hearer . Now to Demonstration and Teaching of the Truth , there are required Long Deductions , and great Attention , which is unpleasant to the Hearer . Therefore they which seek not Truth , but Belief , must take another way , and not only derive what they would have to be believed from somewhat believed already , but also by Aggravations and Extenuations , make Good and Bad , Right & VVrong , appear Great or Lesse , according as shall serve their turnes . And such is the Power of Eloquence , as many times a man is made to believe thereby , that hee sensibly feeleth smart and damage , when he feeleth none , and to enter into rage and indignation , without any other cause , then what is in the words and passion of the speaker . This considered , together with the Businesse that he hath to do , who is the Author of Rebellion , namely , to make men believe , that their Rebellion is just , their Discontents grounded upon great Iniuries , and their Hopes great ; There needeth no more to prove , there can be no Author of Rebellion , that is not an Eloquent and Powerfull Speaker , and withall ( as hath been said before ) a man of little Wisdome . For the Faculty of speaking powerfully , consisteth in an Habit gotten of putting together passionate Words , and applying them to the present passions of the Hearer .

15. Seeing then Eloquence and want of Discretion concur to the stirring of Rebellion , it may be demanded , what part each of these acteth therein . The Daughters of Pelias King of Thessaly , desiring to restore their old Decrepit Father to the Vigour of his Youth , by the Counsell of Medea , chopped him in pieces , and set him a boyling with I know not what Herbs in a Cauldron , but could not revive him again . So when Eloquence and want of Judgement go together , ●ant of Judgment like the Daughters of Pelias consenteth through Eloquence , which is as the Witchcraft of Medea , to cut the common Wealth in peices , upon Pretence , or Hope of Reformation , which when things are in combustion , they are not able to effect .

CHAP. IX . 1. The Law over Soveraigns , Salus Populi . 2. That Soveraigns ought to establish the Religion they hold , for best . 3. That to forbid unnatural copulation , promiscuous use of Women &c. is the Law of Nature . 4. That to leave man as much Liberty as may be , &c is the Duty of a Soveraign by the Law of Nature . 5. Meum & Tuum to be set out to the Subjects distinct from one another , &c. a Duty of Soveraigns by the Law of Nature . 6. An extraordinary Power for Judging the Abuses of Magistrates necessary , &c. 7. The suppressing of Popularity , &c. necessary , &c. 8. The Institution of Youth , &c. necessary , &c. 9. Avoiding of unnecessary War , a necessary Duty of the Soveraign , ctc.

HAving hitherto set forth how a Body Politick is made , and how it may be destroyed , this place requireth to say something concerning the preservation of the same , not purposing to enter into the particulars of the Art of Government , but to sum up the general Heads , wherein such Art is to be imployed , and in which consisteth the Duty of Him or Them that have the Soveraign Power . For the Duty of a Soveraign consisteth in the Good Government of the People . And although the Acts of Soveraign power be no Injuries to the Subiects who have consented to the same by their implicite Wills , yet when they tend to the hurt of the people in general , they be Breaches of the Law of Nature , and of the Divine Law ; and consequently the contrary Acts are the Duties of Soveraigns , and required at their hands to the utmost of their endeavour by God Almighty , under the pain of Eternall Death . And as the Art and Duty of Soveraigns consist in the same Acts , so also doth their Profit . For the end of Art is Profit , and Governing to the Profit of the Subiects , is Governing to the Profit of the Soveraign , as hath been shewed Part 2. Chap. 5. Sect. 1. And these three : 1. The Law over them that have Soveraign power 2. Their Duty ; 3. Their Profit , are one and the same thing contained in this sentence , Salus Populi Suprema Lex . By which must be understood , not the meer preservation of their lives , but generally their Benifit and Good . So that this is the generall Law for Soveraigns , That they procure to the uttermost of their Endeavour , the Good of the People .

2. And for as much as Eternal , is better ●●en Temporal Good , it is evident , that they ●ho are in Soveraign Authority , are by the ●aw of Nature obliged to further the esta●lishing of al such Doctrines and Rules , and the Commanding of all such Actions , as in ●heir Conscience they beleive to be the true ●ay thereunto . For unless they do so , it ●annot be said truly , that they have done the ●ttermost of their Endeavour .

3. For the Tempo●al Good of the people , ●●consisteth in four points : 1. Multitude 〈◊〉 Commodity of living . 3. Peace amongst themselves . 4. Defence against Forraign ●ower . Concerning Multitude . It is the ●uty of them that are in Soveraign Autho●●ty , to increase the people ; in as much as ●●ey are Governours of Mankind under God ●lmighty , who having created but One ●an , and One Woman , declared , That it ●as his Will they should be multiplyed and ●ncreased afterwards . And seeing this is to ●e done by Ordinances concerning copu●ation , they are by the Law of Nature bound ●o make such Ordinances concerning the ●ame , as may tend to the Increase of Man●ind . And hence it cometh , that in them ●ho have Soveraign Authority , not to for●id such Copulations as are against the Use 〈◊〉 Nature ; not to forbid the promiscuous Use ●f VVomen , not to forbid one VVomen to ●ave many Husbands , not to forbid Marriages within certain Degrees of Kindred and Affinity , are against the Law of Nature . For though it be not evident , that a private man living under the Law of Natural Reason only , doth break the same , by doing any of the Things aforesaid , yet it is manifestly apparent , that being so prejudicial as they are to the Improvement of Mankind , that not to forbid the same , is against the Law of Natural Reason , in him that hath taken into his hands any portion of Mankind to improve .

4. The Comodity of Living consisteth in Liberty and VVealth . By Liberty I mean , that there be no Prohibition without necessity of any thing to any man , which was lawful to him in the Law of Nature , that is to say , That there be no Restraint of Naturall Liberty , but what is necessary for the Good of the Common VVealth , and that well-meaning men may not fall into the Danger of Lawes , as into snares , before they be aware . It appertaineth also to this Liberty , That a man may have commodious passage from place to place , and not be imprisoned or confined with the Difficulty of wayes , and want of means for transportation of things necessary . And for the wealth of people it consisteth in three things , The well ordering of Trade , Procuring of Labour , and Forbiding the superfluous consuming of Food and Apparel . All those therefore that are in Soveraign Authority , and have taken upon them the Government of People , are bound by the Law of Nature to make Ordinances consisting in the Points afore named , as being contrary to the Law of Nature , unnecessarily either for ones own Fancy , to inthrall , or ty men so , as they cannot move without danger , or to suffer them whose maintenance is our benefit , to want any thing necessary for them , by our Negligence .

5. For maintaiinng of Peace at home , there be so many Things necessary to be considered , and taken order in , as there be several Causes concurring to Sedition . And first , it is necessary to set out to every Subiect , his Propriety and distinct Lands and Goods , upon which he may exercise , and have the Benefit of his own Industry , and without which , men would fall out amongst themselves , as did the Heardsmen of Abraham and Lot , every man enchroaching and usurping as much of the common Benefit as he can , which tendeth to Quarel and Sedition . Secondly , to divide the Burthens and Charges of the Common Wealth proportionably . Now there is a Proportionably to every mans Abilily , and there is a Proportionably to his Benefit by Common Weath . And this latter is it , which is according to the Law of Nature . For the Burdens of the Common Wealth being the Price that we pay for the Benefit thereof , they ought to be measured thereby . And there is no reason , when two men equally enioying by the benefit of the Common Wealth , their Peace and Liberty , to use their Industry to get their Livings , where of one spareth , and laieth up somewhat , the other spendeth all he gets , why they should not equally contribute to the common charge . That seemeth therefore to be the most equall way of dividing the burden of publick charge , when every man shall contribute according to what he spendeth , and not according to what he gets . And this is then done , when men pay the Common Wealths Part in the payments they make for their own Provision . And this seemeth not only most equal , but also least sensible , and least to trouble the mind of them that pay it . For there is nothing so aggravateth the grief of parting with money to the Publick , as to think they are over-rated , and that their Neighbours whom they envy , do thereupon insult over them , and this disposeth them to Resistance , and ( after that such Resistance hath produced a mischief ) to Rebellion .

6. An other thing necessary for the maintaining of peace , is the due execution of iustice ▪ which consisteth principally in the right performance of their Duties , which are the Magistrates , ordained for the same by and under the Authority of the Soveraign Power , which being private men in respect of the Soveraign , and consequently such as may have private Ends , whereby they may be corrupted with gifts , or Intercession of Friends , ought to be kept in awe by an higher Power , lest people ( greived by their Injustice ) should take upon them to make their own Revenges , to the Disturbance of the common Peace ; which can by no way be avoided in the prineipal and immediate Magistrates , without the Judicature of the Soveraign himself , or some extraordinary power delegated by him . It is therefore necessary , that there be a power extraordinary , as there shall be occasion from Time to Time , for the syndication of Judges and other Magistates , that shall abuse their Authority , to the Wrong and discontent of the People , and a free and open way for the presenting of Grievances to him or them that have the Soueraign Authority .

7. Besides these Considerations , by which are prevented the Discontents that arise from Oppression , there ought to be some meanes for the keeping under of those , that are disposed to Rebellion by Ambition ; which consist principally in the constancy of him that hath the Soveraign Power , who ought therefore constantly to grace and encourage such , as being able to serve the Common Wealth , do nevertheless contain themselves within the bounds of Modesty , without repining at the Authority of such as are imployed , and without aggravating the Errours which ( as men ) they may commit , especially when they suffer not in their own particular ; and constantly to shew displeasure , & dislike of the contrary . And not only so , but also to ordain severe punishments for such , as shall by Reprehension of publick Actions , affect popularity and applause amongst the multitude , by which they may be enabled to have a faction in the Common Wealth at their Devotion .

8. Another thing necessary , is the rooting out of the Consciences of men all those opinions which seem to iustifie and give pretence of Right to Rebellious Actions ; such as are the Opinions , That a man can do nothing lawfully against his private Conscience ; That they who have the Soveraignty , are subiect to the civil Laws : That there is an Authority of Subiects , whose Negative may hinder the Affirmative of the Soveraign Power ; That any Subiect hath a propriety distinct from the Dominion of the Common Wealth ; That there is a body of the People without him or them that have the Soveraign power ; & that any lawful Soveraign may be resisted under the name of a Tyrant ; which Opinions are they , which Part 2. Chap. 8. Sect. 5.6 , 7 , 8 , 9 , 10. have been declared , to dispose men to Rebellion And because Opinions which are gotten by education , and in length of time , are made habitual , cannot be taken away by force , and ●pon the sudden ; they must therefore be ●aken away also by Time and Education . And ●eeing the said Opinions have proceeded ●rom private and publick Teaching , and ●hose Teachers have received them from Grounds and Principalls , which they have ●earned in the Universities , from the Doctrine of Aristotle , and others , who have dilivered nothing concerning Morality and Policy demonstratively , but being passionately addicted to Popular Government , have insinuated their Opinions by eloquent Sophistry . There is no doubt , if the true Doctrine concerning the Law of Nature , and the Properties of a Body Politick , and the Nature of Law in general , were prespicuously set down and taught in the Universities , but that Young men , who come thither void of preiudice and whose minds are as white paper , capable of any Instruction , would more easily receive the same , and afterwards teach it to the people , both in Books and otherwise , then now they do the contrary .

9. The last Thing contained in that Supream Law , Salus Populi , is their Defence , and consisteth partly in the Obedience and Unity of the Subiects , of which hath been already spoken , and in which consisteth the Means of levying Souldiers , and of having Money , Arms , Ships , and Fortified places in readiness for Defence ; and partly , in the avoiding of unnecessary Wars . For such Common Wealths , or such Monarchs , as affect War for it self , that is to say , out of Ambition , or of Vain Glory , or that make account to revenge every little Iniury , or Disgrace done by their Neighbours , if they ruine not themselves , their Fortune must be better then they have reason to expect .

CHAP. X. 1. All Expressions , &c. concerning future Actions , are either Covenant , Councel or Command . 2. The Difference between a Law and a Covenant , 3. The Command of him whose Command is Law in one thing , is Law in every thing . 4. The Difference between Law and Counsell . 5. The difference between Jus and Lex . 6. The Division of Laws , ctc. 7. That the Divine Morall Law , and the Law of Nature , is the same . 8. That the Civil Lawes are the Common Measure of Right and Wrong , &c. 9. Martiall Law is Civil Law . 10. Written Laws , &c. unwritten , &c. Customes and Opinions , &c.

THus far concerning the Nature of man , and the constitution and properties of a Body Politick . There remaineth only for the last Chapter , to speak of the Nature and sorts of Law . And first , it is manifest , that all Laws are Declarations of the Mind , con●erning some Action future to be done , or omitted . And all Declarations and Expres●ions of the Mind concerning Future Actions and Omissions , are either Promissive , as I will do , or not do , or provisive . As for Example , If this be done or not done , this will follow ; or Imperative , as Do this , or do it not . In the first sort of these Expressions , consisteth the Nature of a Covenant , in the second , consisteth Counsel , in the third , Command

2. It is evident when a man doth , or forbeareth to do any action , if he be moved thereto by this only Consideration , that the same is Good or evil in it self ; and that there be no reason why the will or pleasure of another , should be of any weight in his Deliberation , that then neither to do nor omit the Action deliberated is any Breach of Law-And consequently , whatsoever is a Law to a man , respecteth the Will of another , and the Declaration thereof . But a Covenant is a Declaration of a mans own Will . And therefore a Law and a Covenant differ : And though they be both obligatory , and a Law obligeth no otherwise then by vertue of some covenant made by him who is subiect thereunto , yet they oblige by severall sorts of promises . For a Covenant obligeth by promise of an Action , or Omission especially named and limited ; but a Law bindeth by a promise of Obedience in general , whereby the Action to be done , or left undone , is referred to the determination of him , to whom the Covenant is made . So that the Difference between a Covenant and a Law , standeth thus : In Simple Covenant , the Action to be done , or not done , is first limited and made known , and then followeth the Promise to do or not to do ; but in a Law , the obligation to do or not to do , precedeth , and the Declaration what is to be done , or not done , followeth after .

3. And from this may be deduced , that which to some may seem a Paradox , That the Command of him , whose Command is a Law in one thing , is a Law in every thing . For seeing a man is obliged to obedience before what he is to do be known , he is obliged to obey in general , that is to say , in every thing .

4. That the Counsel of a man is no Law to him that is counselled , and that he who alloweth another to give him counsell , doth not thereby oblige himself to follow the same , is manifest enough . And yet men usually call Counselling , by the name of Governing , not that they are not able to distinguish between them , but because they envy many times those men that are called to Counsel , & are therefore angry with them that they are Counselled ▪ But if to Counsellours there should be given a Right to have their Counsell followed , then are they no more Counsellours , but Masters of them whom they Counsel ; and their Counsels no more Counsels , but Lawes . For the difference between a Law and a Counsel being no mor but this , that in Counsel the Expression is Do , because it is best ; In a Law Do , because I have a right to compel you ; or Do , because I say Do ; when Counsel should give the Reason of the Action it adviseth to , because the reason thereof it self is no more Counsel , but a Law .

5. The Names Lex & Jus , that is to say , Law and Right , are often confounded , and yet scarce are there any two words of more contrary signification . For Right is that Liberty which Law leaveth us , and Laws those Restraints by which we agree mutually to abridge on anothers Liberty . Law and Right therefore are no less different then Restraint and Liberty , which are contrary , and whatsoever a man doth , that liveth in a Common Wealth Jure , he doth it Jure Civili , Jure Naturae , and Jure Divino . For whatsoever is against any of these Laws , cannot be said to be Jure . For the Civill Law cannot make that to be done Jure , which is against the Law Divine , or of Nature . And therefore whatsoever any Subiect doth , if it be not conrary to the Civil Law , and whatsoever a Soveraign doth , if it be not against the Law of Nature , he doth it Jure Divino , by Divin right . But to say Lege divina , by Divine Law , is another thing . For the Laws of God and Nature allowing greater liberty then is allowed by the Law Civil ; ( for subordinate Laws do still bind mo●e then Superior Laws , the Essence of Law being not to loose , but to bind ) A man may be commanded that by a Law Civil , which is not commanded by the Law of Nature , nor by the Law Divine . So that of things done Leg● , that is to say , by Command of the Law , there is some place for a Distinction between Lege Divina & Lege Civili . As when a man giveth an Alms , or helpeth him that is in need , he doth it not Lege Civili but Lege Divina , by the Divine Law , the Precept whereof is Charity . But for things that are done Jure , nothing can be said done Jure Divino , that is not also Jure Civili , unless it be done by them that having Soveraign Power , are not subiect to the civil Law .

6. The Differences of Law , are according to the Differences either of the Authors and Lawmakers , or of the promulgation , or of those that are subiect to them . From the Difference of the Authors , or Law makers , cometh the Division of Law into Divine , Natural , and Civil . From the Difference of Promulgation , proceedeth the Division of Laws , into Written and unwritten . And from the Difference of the persons to whom the Law appertaineth , it proceedeth , that some Laws are called simply Laws , and some Penal . As for Example , Thou shall not steal is simply a Law ; but this , He that stealeth an Ox , shall restore four-fold , is a Penal or as other ●all it a Judicial Law . Now in those Laws which are simply Laws , the Commandement is addressed to every man ; but in Penal Laws the Commandement is addressed to the Magistrate , who is only guilty of the Breach of it when the Penalties ordained , are not i●flicted : To the Rest appertaineth Nothing but to take notice of their Danger .

7. As for the first Division of Law into Divine , Natural , and Civil , the first two Brea●hes are one and the same law . For the law of Nature , which is also the Moral law , is the law of the Author of Nature , God Almighty ; and the law of God taught by our Saviour Christ , is the Morall law . For the Sum of Gods law is ; Thou shalt love God above all and thy Neighbour as thy self ; and the same is the sum of the Law of Nature , as hath b●en shewed , Part 1. Chap. 5. And although the Doctrin of our Saviour be of three Parts , Moral , Theological and Ecclesiasticall , the former part only , which is the Moral , is of the Nature of a Law Universal ; the latter part is a Branch of the Law Civil ; and the Theological which containeth those Articles concerning the Divinity and Kingdome of our Saviour , without which there is no Salvation , is not dilivered in the Nature of Laws , but of Counsel and Direction , how to avoid the punishment , which by the Violation of the Moral Law , men are subiect to . For it is not Infidelity that condemneth , ( though it be Faith that saveth ) but the Breach of the Law and Commandements of God , Written fi●st in mans heart , and afterwards in Tables , and delivered to the Jews by the Hands of Moses .

8. In the state of Nature where every man is his own Judge , and differeth from other concerning the Names and Appellations of things , and from those Differences arise Quarels and breach of Peace , it was necessary there should be a common measure of all things , that might fall in Controversie . As for Example ; Of what is to be called Right , what Good , what Virtue , what Much , what Little , what Meum & Tuum , what a Pound , what a Quarter , &c. For in these Things Private Judgements may differ , and beget Controversie . This Common measure , some say is Right Reason , with whom I should consent , if there were any such thing to be found or known in rerum natura . But commonly they that call for Right Reason to decide any controversy , do mean , their own . But this is certain , seeing Right Reason is not existent , the Reason of some Man or Men must supply the place thereof , and that man or men is He or They , that have the Soveraign Power , as hath been already proved ; and consequently the Civil Laws are to all Subiects the Measures of their Actions whereby to determine whether they have Right or Wrong , Profitable , or Unprofitable , Virtuous or Vitious , and by them the Use and Definition of all Names not agreed upon , and tending to controversie , shall be established . As for Example , When upon the occasions of some strang and deformed Birth it shall not be decided by Aristotle , or the Philosophers , whether the same be a man , or no , but by the Laws , the Civil Law containing in it the ecclesiastical , as a part thereof , proceeding from the Power of Ecclesiastical government , given by our Saviour to all Christian Soveraigns , as his immediate Vicars , as hath been said Part 2. Chap. 7. Sect. 10.

9. But seeing it hath been said , That all Laws are either Natural , or Civil , it may be demanded , to which of these shall be referred that Law , which is called Martial Law , and by the Romans , Disciplina militaris ? And it may seem to be the same with the law of nature ; because the Laws by which a multitude of Souldiers are governed in an Army are not constant , but continually changing with the Occasion ; and that is still a Law , which is Reason for the present , and Reason is the Law of Nature . It is nevertheless true , that Martial Law is Civil Law , because an Army is a Body Politick , the whole Power whereof is in the General , and the Laws thereof made by him ; and though they still follow and change as Reason requireth , yet it is not as the Reason of every Private man but as the Reason of the General requireth .

10. When He or They in whom is the Soveraign power of a Common Wealth , are to ordain Law for the government and good Order of the People , it is not possible they should comprehend all Cases of Controversie that may fall out , or perhaps any considerable diversitie of them ; but as time shall instruct them by the rising of new ocasions , so are also Laws from time to time to be ordained : and in such Cases where no special Law is made , the Law of Nature keepeth its Place , and the Magistrates ought to give sentence according thereunto , that is to say , according to Natural Reason . The Constitutions therefore of the Soveraign Power , by which the Liberty of Nature is abridged , are written , because there is no other way to take notice of them , whereas the Laws of Nature are supposed to be written in mens hearts , Written Laws therefore are the constitutions of a Common Wealth expressed ; and Unwritten , are the laws of Natural Reason . Custome of it self maketh no laws . Nevertheless when a Sentence hath been once given by them that judge by their Natural Reason , whether the same be Right or Wrong , it may attain to the vigour of a law ; not because the like Sentence hath of Custome been given in the like case , but because the Soveraign Power is supposed tacitely to have approved such Sentence for Right , and thereby it commeth to be a Law , and numbred amongst the Written laws of the Common Wealth . For if Custom were sufficient to introduce a law , then it would be in the power of every one that is deputed to hear a Cause , to make his Erours laws . In the like manner , those that goe under the Title of Respons a Prudentum , that is to say , the Opinions of Lawyers , are not therefore Laws , because Responsa Prudentum , but because they are admitted by the Soveraign ; and from this may be collected , That when there is a Case of private contract between the Soveraign and the Subiect , a President against reason shall not preiudice the cause of the Soveraign ; no President being made a Law , but upon supposition that the same was reasonable from the beginning . And thus much concerning the Elements and general grounds of Laws Natural and Politick . As for the Law of Nations , it is the same with the Law of Nature . For that which is the Law of Nature between Man and Man , before the constitution of Common Wealth , is the Law of Nations between Soveraign and Soveraign after .

FINIS .