JC 153 H6SL6> CORNELL UNIVERSITY LIBRARY The original of tliis book is in tlie Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924030436533 Cornell University Library JC153.H68 L6 1894 Leviathan: 3 1924 030 436 533 olin LEVIATHAN OR Tnji ..lATTER, FORM AND POWER OF A COMMONWEALTH, ECCLESIASTICAL AND CIVIL THOMAS HOBBES WITH AN INTRODUCTION BY HENRY MORLSY LL.D,, PROFESSOR OF ENGLISH LITERATURE AT UNIVERSITY COLLEGE, LONDON ^'OURTH EDITION LONDON 'GEORGE ROUTLEDGE AND SONS, Limited BROADWAY, LUDGATE HILL ;^feNCHESTER AND NP:\\' YORK MORLEY'S UNIVERSAL LIBRARY. 4- 5- *'7- 8. la II. 12. I3- 14. IS- 16. 17- 1 8. 19- 20. 21. 22. 23 24. 25 27. z8. 29. 30' 3i' 3z. 42, 1, Sheridan's Plays. 2, Playt from MolUre. By English Dramatists. 3, Marlowfs Faustus and Goethe's Fausi, Chronicle of the Cid, Rabelais' Gargantua and the Heroic Deeds of Pantaeniel. Machiavelli's Prince. Bacon's Essays. Defois Journal oj the Pla^tte Year. Locke on Civil Government and Filmei's " Patnarcha."* Butler's Analogy of Religion. Dryden's Virgil. Scolds Demonohgy and Witchcraft. Herrick's Hesperides. Coleridge's 1 able-Talk. Boccaccio's Decameron. Stemis Tristram Shandy. Chapman's Hornet's Iliad. Medieeval Tales. Voltaire's Candide, and yohtuon's Rasselas. yonson's Plays and Poems. Hobbes's Leviathan. Samuel Butler's Hudibras. . Ideal Commonwealths. Cavendish's Life of Wolsey. & 26. Don Quixote. Burlesque Plays and Poems. Dante's Divine Comedy. Longfellow's Translation, Goldsmith's Vicar of Wake- field, Plays, and Poems. , Fables and Proverbs from the Sanskrit. [Hitofiadesa.) , Lamb's Essays of Elia. . The History of Thomas Elltvood, 33 Emerson's Essays, &^c, 34. Sotithey's Life of Nelson, "Marvels of clear type and general neatness."' 35. De Quincey's Confessions of an Opium^Eater, A'C. 36. Stories of Ireland. By Miss Edseworth, 37. Frere's Aristophanes: Acharnians, Knights, Birdt, 38. Burkes Speeches and Letters, 39. Thomas h Kempis. 40. Popular Songs of Ireland. 41. Potter's jEschyltes. Goeth^s Faust: Part II. Ansteb's Translation. Famous Pamphlets. Francklin's Sophocles. M. G. Lemis's Tales of Terror and Wonder. Vestiges of the Natural History of Creation. 47. Drayton's Barons' Wars, '■4i>.tWett's Advice] to Young 49- 50. 5i- 52 53. The Banquet 0/ Dante. Walker's Ori^nal. Schiller's Poems and Ballads- Peele's Plays and Poems. Harrington's Oceana. 54. Euripides : Alcestis and other Plays, Praed's Essays, Traditional Tales. Allan Cunningham. Hooker's Ecclesiastical Polity. Books I. -IV. Euripides : The Bacchanals and other Plays. Izaak Walton's Lives. Aristotle's Politics. 61. Euripides: Hecuba and other Plays. 62. Rabelais — Sequel to Panta- ^uel. 63. A Miscellany. -Daily Telegraph. 57- S8. 59- 60. INTRODUCTIOl^. Thomas Hobbes, who lived into his ninety-second year, was born in April, 1588, the year of the Spanish Armada, and died on the 4th of December, 1679, within ten years of the English Revolution. The whole series of events that raised the question of the limit of authority within a State, and made it the foremost question of his day in England, lay within the limits of his actual life, after he-Jvad^-H, passed the age of seventeen. He studied philosophically the Civil Wars of the reign of Charles I., and expressed calmly in his books what seemed to him to be the argument for a royal authority entirely free from popular control. He summed up his argument in the " Leviathan," which was first published in 1651, when the experiment of a Commonwe:' ' A-as being tried; and he returned to the battle with his "Behemoth" after failure of the Common- wealth and Restoration of the Stuarts, If he could have main- tained his vigorous life but for another nine years, and become a centenarian, he would have seen the problem practically solved in a way not dreamt of in his philosophy. Hobbes published his " Leviathan " at that age of sixty-three, mystically composed of seven tire ^f nine, which was said to form in a man's life the grand climacteric. He pubUshed it for instruction of the people at large in the philosophic rudiments of government, which, as he reasoned them, established as the best safeguard of national prosperity the absolute rule of a King. The political philosopher who followed him, and laid down principles of govern- ment that served as interpretation of the spirit of the English Revolution, was John Locke, whose " Two Treatises on Civil Government," are in another volume of this Library. Thomas Hobbes, son of a clergyman at Malmesbury, was from his earliest years an energetic student. He fastened so vigorously upon Greek and Latin, that as a school-boy he translated the whole " Medea " of Euripides into Latin verse. In the year of the death of Queen Elizabeth, Hobbes, aged fteen, went to Oxford and entered to Magdalene Hall. After five ears of study there, he became, at the age of twenty, tutor to vVilHam Lord Cavendish, whose father, Lord Hardwicke was S INTRODUCTION. created Earl of Devonshire. This appointment may be said to have fixed his worldly fortunes. His association with the family remained unbroken ; he was tutor and household friend to three generations of the ^"arls of Devonshire, and many memorials of him are still to be found at Chatsworth. With the young Lord Cavendish, Hobbes travelled to France and Italy in 1610. At home. Bacon and Ben Jonson were among hjs friends. In the first year of the reign of Charles I. Hobbes's first patron died, and the son, whom he had trained, died two years afterwards, in 1628. It was in 1628, before his pupil's death, that Hobbes, at the age of forty, published his first book, a Translation of Thucydides ; in the revision of which he had help from Ben Jonson. It was dedicated to .'■:ir William Cavendish as Baron of Hardwicke and Earl of Devonshire. Hobbes's bias towards an ,.--ai(s insomuch as the former coming again to take place, and be pre- dominant, the latter foUoweth, by coherence of the matter moved, in such manner, as water upon a plane table is drawn which way any one part of it is guided by the finger. But because in sense, to one and the same thing perceived, sometimes one thing, sometimes another succeedeth, it comes to pass in time, that in the imagining of anything, there is no certainty what we shall imagine next ; only this is certain, it shall be something that suc- ceeded the same before, at one time or another. This train of thoughts, or mental discourse, is of two sorts. The first is "unguided," "without design," and inconstant; wherein there is no passionate thought, to govern and direct those that follow, to itself, as the end and scope of some desire, or other passion : in which case the thouglils are said to wander, and seem impertinent one to another, as in a dream. Such are commonly the thoughts of men, that are not only witliout com- pany, but also without care of anything ; though even then their thoughts are as busy as at other times, but without harmony ; as the sound which a lute out of tune would yield to any man ; or in tune, to one that could not play. And yet in this wild ranging of the mind, a man may oft-times per- ceive the way of it, and the dependence of one thought upon another. For in a discourse of our present civil war, what could seem more impertinent, than to ask, as one did, what was the value of a Roman penny ? Yet the coherence to me was manifest enough. For the thought of the war, introduced the thought of the delivering up the king to his enemies ; the thought of that, brought in the thought of the delivering up of Christ ; and that again the thought of the thirty pence, which was the price of that treason ; and thence easily followed that malicious question ; and all this in a moment of time ; for thought is quick. The second is more constant ; as being " regulated " by some desire, and design. For the impression made by such things as we desire, or fear, is .strong, and permanent, or, if it cease for a time, of quick return : so strong ^it is sometimes, as to hinder and break our sleep. From desire, ariseth the thought of some means we have seen produce the like of that which we aim at ; and from the thought of that, the thought of means to that mean ; and so continually, till we come to some beginning within our own power. And because the end, by the greatness of the impression, comes often to mind in case our thoughts begin to wander, they are quickly again reduced into the way : which observed by one of the seven wise men, made him give men this precept, which is now worn out, Respice finem ; that is to say in all your actions, look often upon what you would have, as the thine that directs all )our thoughts in the way to attain it. ° The train of regulated thoughts is of two kinds ; one, when of an effect imagined we seek the causes, or means that produce it : and this is common to man and beast. The other is, when imagining anything whatsoever, we seek all the possible effects, that can by it be produced ; that is to sav we imagine what we can do with it, when we have it. Of which I have not at any time seen any sign, but in man only, for this is a curiosity hardly incident to the nature of any living creature that has no other passTon but sensual, such as are hunger, thirst, lust, and anger. In sum! the dis"' course of he mind when it ,s governed by design, is nothing but "seek- ing, or the faculty of invention, which the Lltins called Tag^itas ll\ solertm, -^hnntms out of the causes, of some effect, present or msT-'or of he effects, of some present or past cause. Sometimes a man seeks wW he hathlos ; and from tliat place, and time, wherein he misses fthl mind h"hadt' haTi^ to Lv tf;r^ '""^ !°'™^' '° '^"'^ -'^"- '-^ ""en • ?■ 1 I u ■ ^l '? ^I"^ ^"""e certam, and 1 mited time and olace m Which to begm a methgd of seeking. Again, fiw the«cerhis thoujhu TRAIN OF IMAGINATIONS. 21 run over the same places and times, to find what action, ov other occasion might make him lose it. This we call " remembrance," or calling to mind : the Latins call it " reminiscentia," as it were a " re-conning " of our former actions. Sometimes a man knows a place determinate, within the compass whereof he is to seek ; and then his thoughts ran over all the parts thereof, in the same manner as one would sweep a room, to find a jewel ; or as a spaniel ranges the field, till he find a scent ; or as a man should run over the alphabet, to start a rhyme. Sometimes a man desires to know the event of an action ; and then he thinketh of some like action past, and the events thereof one after another ; supposing like events will follow like actions. As he that foresees what will become of a criminal, reckons what he has seen follow on the like crime be- fore ; having this order of thoughts, the crime, the officer, the prison, the judge, and the gallows. Which kind of thoughts is called " foresight," and " prudence," or " providence ; " and sometimes " wisdom ; " though such conjecture, through the difficulty of observing all circumstances, be very fallacious. But this is certain ; by how much one man has more experience of things past, than another, by so much also he is more prudent, and his expectations the seldomer fail him. The " present " only has a being in nature ; things " past " have a being in the memory only, but things to "come" have no being at all; the " future " being but a fiction of the mind, applying the sequels of actions past, to the actions that are present ; which with most certainty is done by him that has most experience, but not with certainty enough. And though it be called pradence, when the event answereth our expectation ; yet in its own nature, ,it is but presumption. For the foresight of things to come, which is providence, belongs only to him by whose will they are to come. From him only, and supernaturally, proceeds prophecy. The best prophet naturally is the best guesser ; and the best guesser, he that is most versed and studied in the matters he guesses at : for he hath most " signs " to guess by. A "sign" is the evident antecedent of the consequent; and contrarily, the consequent of the antecedent, when the like consequences have been observed before : and the oftener they have been observed, the less uncertain is the sign. And therefore he that has most experience in any kind of business, has most signs, whereby to guess at the future time ; and consequently is the most pradent : and so much more prudent than he that is new in that kind of busine.^s, as not to be equalled by any advantage of natural and extemporary wit : though perhaps many young men think the contrary. Nevertheless it is not prudence that distinguisheth man from beast. There be beasts, that at a year old observe more, and pursue that which is for their good, more prudently, than a child can do at ten. As prudence is a " presumption " of the " future," contracted from the " experienced^ of time "past : " so there is a presumption of things past, taken from other things, not future, but past also. For he that hath seen by what courses and degrees a flourishing state hath first come into civil war, and then to ruin ; upon the sight of the ruins of any other state, will guess, the like war, and the like courses have been there also. But this conjecture has the same uncertainty almost with the conjecture of the future ; both being grounded only upon experience. There is no other act of man's mind, that I can remember, naturally planted in him, so-as to need no other thing, to the exercise of it, but to be bom a man, and live with the use of his five senses. Those other faculties of which I shall speak by and by, and which seem proper to man only, are ac<}uir$d and increased by study and industry ; and of roost men learned by 22 OF MAN. instruction, and discipline; and proceed all fr°« *« /"Y«*"j°" "L^'l'l and speech. For besides sense, and thoughts, and the train of thoughts, the mind of man has no other motion; though by the help of speech, and method, the same faculties may be improved to such a height, as to distinguish men from all other living creatures. Whatsoever we imarine is "finite." Therefore there is no idea, or .on- ception of any thing we call " infinite.'^ No man can have m his mind an image of infinite magnitude ; nor conceive infinite swiftness, infinite time, or infinite force, or infinite power. When we say any thing is infinite, we signify only that we are not able to conceive the ends, and bounds of the thmgs named ; having no conception of the thing, but of our own •inability. And therefore the name of God is used, not to make us conceive him, for he is incomprehensible ; and his greatness, and power are uncon- ceivable ; but that we may honour him. Also because, whatsoever, as I said before, we conceive, has been perceived first by sense, eitlier all at once, or by parts ; a man can have no thought, representing any thing, not subject to sense. No man therefore can conceive any thing, but he must conceive it in some place ; and indued with some determinate magnitude ; and which may be divided into parts ; nor that any thing is all in this place, and all in another place at the same time ; nor that two, or more things can be in one, and the same place at once : for none of these things ever have, nor can be incident to sense ; but are absurd speeches, taken upon credit, with- out any signification at all, from deceived philosophers, and deceived, or deceiving schoolmen. CHAPTER IV. Of Speech. The invention of " printing," though ingenious, compared with the inven- tion of " letters," is no great matter. But who was the first that found the use of letters, is not known. He that first brought them into Greece, men say was Cadmus, the son of Agenor, king of Phoenicia. A profitable in- vention for continuing the memory of time past, and the conjunction of mankind, dispersed into so many, and distant regions of the earth ; and virithal difficult, as proceeding from a watchful observation of the divers motions of the tongue, palate, lips, and other organs of speech ; whereby to make as many differences of characters, to remember them. But the most noble and profitable invention of all other, was that of ' ' speech, " consisting •of "names" or "appellations," and their connection; whereby men register their thoughts ; recall them when they are past ; and also declare them one to another for mutual utility and conversation ; without which, there had been amongst men, neither commonwealth, nor society, nor con- tract, nor peace, no more than amongst lions, bears, and wolves. The first; author of "speech " was God himself, that instructed Adam how to name such creatures as he presented to his sight ; for the Scripture goeth no further in this matter. But this was sufficient to direct him to add more names, as the experience and use of the creatures should give him occasion ; and to join them in such manner by degrees, as to make himself under- stood ; and so by succession of time, so much language might be gotten, as he had found use for ; though not so copious, as an orator or philosopher has need of : for I do not find any thing in the Scripture, out of which, directly or liy consequence, can be gathered, that Adam was taught the names of all figures, numbers, measures, colours, sounds, fancies, relations OF SPEECH. 23 much less ihe names of words and speech, as "general," "special," "affirmative," "/legative," " interrogative," "optative," " infi.iitive," all which are useful ; and least of all, of "entity," "intentionality," "quidd- ity," from the motion and quantity of the greater parts of the world, as the earth and stars. , ) Cosmography. Consequences\ fromthemo- ,, , tions of spe- \Mechamcs. cial kinds, f Doctrme of and figures weight. , of body. I Philoso- phia Prima. 'Geometr. Arithme- ^ TIC. I Astro- nomy. Geogra- phy. Science of Engi- neers. Architec- ture. Naviga- ^ TION. Meteoro- logy. Consequences from the light of the stars. Out of this, and1 Scio- the motion of the sun, is made the scienqe of . " . . | graphy. Consequences from the influences of tlie stars Astrology. / Consequences from the parts of the earth, that are without Consequences from tlie qualities of animals. Consequences from the qualities of minerals, as stones, metals, &c. Consequences from the qualities of vegetables. Consequences /Consequences from vision . Optics. from the Consequences from jfl««aJf . Music. qualities of-| animals general. Consequences from the rest of the senses. ■ , Consequences from the pas- \ „ I sions ol'mz.\\ . . ,| ethics. Consequences i from the I _ qualities of Consequences. ken in\ ^om ^/«^'^' ' special. Poetry. I In magnifying, \ vilifying, &c. j la persiiadi7ig. Rhetoric. In reasoning. Logic. Kin contracting, The Science of Just and Unjust. 48 OF MAN. Reputation of power, is power ; because ii drraveth with it the adherence of those that need protection. So is reputation of love of a man's country, called popularity, for the same reason. Also, what quality soever maketh a man beloved, or feared of many ; or the reputation of such quality, is power ; because it is a means to have the assistance and service of many. Good success is power; because it maketh reputation of wisdom, or good fortune ; which makes men either fear him, or rely on him. Affability of men already in power, is increase of power ; because it gaineth love. Reputation of prudence in the conduct of peace or war, is power ; because to prudent men, we commit the government of ourselves, more willingly than to others. Nobility is power, not in all places, but only in those commonwealths where it has privileges : for in such privileges, consisteth their power. Eloquence is power, because it is seeming prudence. Form is power ; because being a promise of good, it recommendeth men to the favour of women and strangers. The sciences are small power ; because not eminent ; and therefore, not acknowledged in any man ; nor are at all, but in a few, and in them, but of a few things. For science is of that nature, as none can understand it to be, but such as in a good measure have attained it. Arts of public use, as fortification, making of engines, and other instru- ments of war ; because they confer to defence and victory, are power : and though the true mother of them be science, namely the mathematics ; yet, because they are brought into the light by the hand of the artificer, they be esteemed, the midwife passing with the vulgar for the mother, as his -. issue. V f' The " value;'' or " worth'' of a man, is as of all other things, his priceV jthat is to say, so much as would be given for the use of his power : and \ /therefore is not absolute ; but a thing dependent on the need and judgment ] ( of another. An able conductor of soldiers, is of great price in time of war I \present, or imminent; but in peace not so. A learned and uncorrupt ,''^ Kudge, is much worth in time of peace ; but not so much in war. And! /as in other things, so in men, not the seller, but the buyer determines the \ j price. For let a man, as most men do, rate themselves at the highest A Rvalue they can ; y^t their true value is no more than it is esteemed by others^y The manifestation of the value we set on one another, is that whiehr'is commonly called honouring, and dishonouring. To value a man at a high rate, is to "honour" him; at a low rate, is to " dishonour " him. But high, and low, in this case, is to be understood by comparison to the rate that each man setteth on himself. The public worth of a man, which is the value set on him by the commonwealth, is that which men commonly call "dignity." And this value of him by the commonwealth, is understood, by offices of command, judicature, public employment; or by names and titles, introduced for distinction of such value. -le for something else. Again, a man may be worthy of riches, office, and employment, and nevertheless can plead no right to have it before another ; and therefore cannot be said to merit or deserve it. For merit presupposeth a right, and that the thing deserved is due by promise : of which I shall say more hereafter, when I shall speak of contracts. CHAPTER XI. Of the Difference of Manners. By manners I mean not here decency of behaviour ; as how one should salute another, or how a man should wash his mouth, or pick his teeth before company, and such other points of the " small morals ; " but those qualities of mankind that concern their living together in peace and unity. To which end we are to consider that the felicity of this life consisteth not in the repose of a mind satisfied. For there is no such finis ultimus, utmost aim, nor summum bonum, greatest good, as is spoken of in the books of the old moral philosophers. Nor can a man any more live, whose desires are at an end, than he whose senses and imaginations are at a stand. Felicity is a continual progress of the desire, from one object to another, the attaining of the former being still but the way to the latter. The cause whereof is that the object of man's desire is not to enjoy once only, and for one instant of time, but to assure for ever the way of his future desire. And therefore the voluntary actions and inclinations of all men, tend not only to the procuring, but also to the assuring of a contented life ; and differ only in the way which ariseth partly from the diversity of passions in divers men ; and partly from the difference of the knowledge or opinion each one has of the causes which produce the effect desired. So that in the first place, I put for a general inclination of all mankind, a perpetual and restless desire of power after power, that ceaseth only in death. And the cause of this is not always that a man hopes for a more intensive delight than he has already attained to, or that he cannot be con- tent with a moderate power ; but because he cannot assure the power ^nd OF MANNERS. 53 means to live well, which he hath present, without the acquisition of more. And from hence it is that kings, whose power is greatest, turn their endeavours to the assuring it at home by laws, or abroad by wars ; and when that is done, there succeedeth a new desire ; in some, of fame from new conquest ; in others, of ease and sensual pleasure ; in others, of admiration, or being flattered for excellence in some art, or other ability of the mind- Competition of riches, honour, command, or other power, inclineth to^ contention, enmity, and war ; because the way of one competitor, to the attaining of his desire, is to kill, subdue, supplant, or repel the otlier. Particularly, competition of praise, inclineth to a reverence of antiquity. / For men contend with the living, not with the dead ; to these ascribing / more than due, that they may obscure the glory of the other. Desire of ease, and sensual delight, disposeth men to obey a common power, because by such desires a man doth abandon the protection that might be hoped for from his own industry and labour. Fear of death, and wounds, disposeth to the same, and for the same reason. On the contrary, needy men, and hardy, not contented with their present condition, as also all men that are ambitious of military command, are inclined to continue the causes of war ; and to stir up trouble and sedition, for there is no honour military but by war, nor any such hope to mend an ill game, as by causing a new shuffle. Desire of knowledge, and arts of peace, inclineth men to obey a common power : for such desire, containeth a desire of leisure ; and consequently protection from some other power than their own. Desire of praise, disposeth to laudable actions, such as please them whose judgment , they value ; for of those men whom we contemn, we contemn also the praises. Desire of fame after death does the same. And though after death, there be no sense of the praise given us on earth, as being joys, that are either swallowed up in the unspeakable joys of Heaven, or extinguished in the extreme torments of hell : yet is not such fame vain ; because men have a present delight therein, from the foresight of it, and of the benefit that may redound thereby to their posterity : which though they now see not, yet they imagine ; and anything that is pleasure to the sense, the same also is pleasure in the imagination. \ To have received from one, to whom we think ourselves equal, greater benefits than there is hope to requite, disposetli to counterfeit love; but really secret hatred ; and puts a man into the estate of a desperate debtor, that in declining the sight of his creditor, tacitly wishes him there, where he might never see him more. For benefits oblige, and obligation is thraldom ; and unrequitable obligation perpetual thraldom ; whicli is to one's equal, hateful. But to have received benefits from one, whom we acknowledge for superior, inclines to love ; because the obligation is no new depression : and cheerful acceptation, which men call "gratitude," is such an honour done to the obliger, as is taken generally for retribution. Also to receive benefits, though from an equal, or inferior, as long as there is hope of re- quital, disposeth to love : for in the intention of the receiver, the obligation is of aid and service mutual ; from whence proceedelh an emulation of who shall exceed in benefiting ; the most noble and profitable contention possible ; wherein the victor is pleased with his victory, and the other revenged by confessing it. To have done more hurt to a man, than he can or is willing to expiate, inclineth the doer to hate the sufferer. For he must expect revenge, or for- giveness ; both which are hateful. Fear of oppression, disposeth a. man to anticipate, or to seek aid by society : for there is no other way by which 51 man can secure his life and liberty. 54 OF MAN. Men that distrust their own subtlety, are, in tumult and sedition, better disposed for victory, than they that suppose themselves wise, or crafty. For these love to consult, the other, fearing to be circumvented, to strike first. And in sedition, men being alvirays in the precincts of battle, to hold together, and use all advantages of force, is a better stratagem, than any that can proceed from subtlety of wit. Vain-glorious men, such as without being conscious to themselves of great sufficiency, delight in supposing themselves gallant men, are inclined only to ostentation ; but not to attempt : because when danger or difficulty appears, they look for nothing but to have their insufficiency discovered. Vain-glorious men, such as estimate their sufficiency by tlie flattery of other men, or the fortune of some precedent action, without assured ground of hope from the true knowledge of themselves, are inclined to rash engaging; and in the approacli of danger, or difficulty, to retire if they can : because not seeing the way of safety, they will rather hazard Iheir honour, which may be salved with an excuse ; than their lives, for which no salve is sufficient. Men that have a strong opinion of their own wisdom in matter of government, are disposed to ambition. Because without public employ- ment in council or magistracy, the honour of their wisdom is lost. And therefore eloquent speakers are inclined to ambition ; for eloquence seemeth wisdom, both to themselves and others. Pusillanimity disposeth men to irresolution, and consequently to lose the occasions, and fittest opportunities of action. For after men have been in deliberation till the time of action approach, if it be not then manifest what is best to be done, it is a sign, the difference of motives, the one way and the other, are not great : therefore not to resolve then, is to lose the occasion by weighing of trifles ; which is pusillanimity. Frugality, though in poor men a virtue, maketh a man unapt to achieve such actions as require the strength of many men at once : for it weakeneth their endeavour, which is to be nourished and kept in vigour by reward. Eloquence, with flattery, disposeth men to confide in them that have it ; because the former is seeming wisdom, the latter seeming kindness. Add to them military reputation, and it disposeth men to adhere, and subject themselves to those men that have them- The two former having given them caution against danger from him ; the latter gives them caution against danger from others. Want of science, that is, ignorance of causes, disposeth, or rather constraineth a man to rely on the advice and authority of others. For all men whom the truth concerns, if they rely not on their own, must rely on the opinion of some other, whom they think wiser than themselves, and see not why he should deceive them. Ignorance of the signification of words, which is want of understanding, disposeth men to take on trust, not only the truth they know not ; but also the errors ; and which is more, the nonsense of them they trust : for neither error nor nonsense, can without a perfect understanding of words, be detected. From the same it proceedeth, that men give different names to one and the same thing, from the difierence of their own passions : as they that approve a private opinion, call it opinion ; but they that mislike it, heresy : and yet heresy signifies no more than private opinion ; but has only a greater tincture of choler. From the same also it proceedeth, that men cannot distinguish, without study and great understanding, between one action of many men, and many actions of one multitude ; as for example, between one aciion of all the senators of Rome in killing Cataline, and the many actions of a number of OF MANNERS. 55 senators in killing Ciesar; and therefore are disposed to take for the acciou of tiie people, that which is a multitude of actions done by a multitude of men, led perhaps by the persuasion of one. Ignorance of the causes, and original constitution of right, equity, law, and justice, disposeth a man to make custom and example the rule of his actions; in such manner, as to think that unjust which it hath been the custom to punish ; and that just, of the impunity and approbation whereof they can produce an example, or, as the lawyers which only use this false measure of justice barbarously call it, a precedent ; like little children, that have no other rule of good and evil manners, but the correction they receive from their parents and masters ; save that children are constant to their rule, whereas, men are not so ; because grown old, and stubborn, they . appeayro!]i..£ijStoitt4«jea*Gn,-and-from reason ttrcustom, as it serves their I— turn ; receding from custom when their interest requires it, and setting • themselves against reason, as oft as reason is against them : which is the cause, that the doctrine of right and wrong is perpetually disputed, both by the pen and the sword : whereas the doctrine of lines, and figures, is not so ; because men care not, in that subject, what be truth, as a thing that crosses no man's ambition, profit or lust. For I doubt not, but if it had bean a thing contrary to any man's right of dominion, or to the interest of men that have dominion, " that the three angles of a triangle, should be equal to two angles of a square ; " that doctrine should have been, if not disputed, yet by the burning of all books of geometry, suppressed, as far as he whom it concerned was able. Iglioraiicej3f_remote causes, _disppsetli men ta_attribute all- events to the .causes immediate, and instrumental ; for these are all the causes they perceive". "KnS. hence it comes to pass, that in all places, men that are grieved with payments to the public, discharge their anger upon the publicans, that is to say, farmers, collectors, and other officers of the public revenue ; and adhere to such as find fault with the public govern- ment ; and thereby, when they have engaged themselves beyond hope of justification, fall also upon the "supreme authority, for fear of punishment, or shame of receiving pardon. Ignorance of natural causes, disposeth a man to credulity, so as to be- lieve many times impossibilities : for such know nothing to the contrary, but that they may be true ; being unable to detect the impossibility. And c redulit y, because men like to be hearkened unto in company, disgoseth tliem-ta_lying : so that ignorance itself without malice, is able to inake a man both to believe lies, and tell them ; and sometimes also to invent them. Anxiety for the future time, disposeth men to inquire into the causes of things : because the knowledge of them maketh men the better able to order the present to their best advantage. Curiosity, or love of the knowledge of causes, draws a man from the con- sideration of the effect, to seek the cause ; and again, the cause of that cause ; till of necessity he must come to this thought at last, that there is some cause, whereof there is no former cause, but is eternal ; which is it men call God. So that it is impossible to make any profound inquiry into natural causes, with- out being inclined thereby to believe there is one God eternal ; though they cannot have any idea of Him in their mind, answerable to His nature. Fofas a man that is bom blind, hearing men talk of warming themselves by the fire, and being brought to warm himself by the same, may easily conceive, and assure himself, there is somewhat there, which men call " fire," and is the cause of the heat he feels ; but cannot imagine what it is like ; nor have an idea of it in his mind, such as they have that see it : so also by the visible things in this world, and their admirable order, a man may conceive there is a 56 OF MAN. cause of them, which men call God ; and yet not have an idea or image oi Him in his mind. And they that make little or no inquiry into the natural causes of things, yet from the fear that proceeds from the ignorance itself, of what it is that hath the power to do them much good or harm, are inclined to suppose, and feign unto themselves, several kinds of powers invisible ; and to stand in awe of their own imaginations ; and in time of distress to invoke them ; as also in the time of an expected good success, to give them thanks ; mak- ing the creatures of their own fancy, their gods. By which means it hath come to pass, that from the innumerable variety of fancy, men have created in the world innumerable sorts of gods. And this fear of things invisible, is the natural seed of that, which every one in himself calleth religion ; and in them that worship, or fear that power otherwise than they do, super- stition. And this seed of religion, having been observed by many ; some of those that have observed it, have been inclined thereby to nourish, dress, and form it into laws ; aijd Jp_add to it of their_own,iiiy-ention, any opinion of the causes of future events, by which they thought they should be best able to govern others, and m&ke unto themselves^ the greatest use o£-their powers. CHAPTER Xn. Of Religion. Seeing there are no signs, nor fruit of "religion," but in man only ; there is no cause tadoubt, but that the seed of " religion " is also only in man ; and consisteth in some peculiar quality, or at least in some eminent degree thereof, not to be found in any other living creatures. And first, it is peculiar to the nature of man, to be inquisitive into the causes of the events they see, some more, some less ; but all men so much, as to be curious in the search of the causes of their own good and evil fortune. Secondly, upon the sight of anything that hath a beginning, to think also it- had a cjuserwhich determined the same to begin, then when it did, rather than sooner or later. Thirdly, whereas there is no other felicity of beasts, but the enjoying of their quoiidian food, ease, and lusts ; as having little or no foresight of the time to come, for want of observation, and memory of the order, conse- quence, and dependence of the things they see ; man observeth how one event hatli been produced by another ; and remembereth in them antece- dence and consequence ; and when he cannot assure himself of the true causes of things, (for the causes of good and evil fortune for the most part are invisible,) he supposes causes of them, either such as his own fancy suggesteth ; or trusteth the authority of other men, such as he thinks to be his friends, and wiser than himself. The two first make anxiety. For being assured that there be causes of all things that have arrived hitherto, or shall arrive hereafter, it is im- possible for a man, who continually endeavoureth to secure himself against the evil he fears, and procure the good he desireth, not to be in a perpetual solicitude of the time to come ; so that every man, especially those that are over-provident, are in a state like to that of Prometheus. For as Prometheus, which, interpreted, is "the prudent man," was bound to the hill Caucasus, a place of large prospect, where an eagle feeding on his liver, OF RELIGION, 57 devoured in the day, as much as was repaired in the night : so that man, which looks too far before him in the care of future time, hath liis heart all the day long gnawed on by fear of death, poverty, or other calamity, and has no repose, nor pause of his anxiety, but in sleep. This perpetual fear, always accompanying mankind in the ignorance of causes, as it were in the dark, must needs have for object something. And therefore when there is nothing to be seen, there is nothing to accuse, either of their good or evil fortune, but some " power," or agent " invisible," in which sense perhaps it was, that some of the old poets said, that the gods were at first created by human fear : which spoken of the gods, that is to say, of the many gods of the Gentiles, is very true. But the acknowledging of one God, eternal, infinite, and omnipotent, may more easily be derived, from the desire men have to know the causes of natural bodies, and their several virtues and operations, than from the fear of what was to befall them in time to come. For he that from any effect he seeth come to pass, should reason to the next and immediate cause thereof, and from thence to the cause of that cause, and plunge himself profoundly in the pursuit of causes, shall at last come to this, that there must be, as even the heathen philosophers confessed, one first mover ; that is, a first and an eternal cause of all things, which is that which men mean by the name of God, and all this without thought of their fortune ; the solicitude whereof both in- clines to fear, and hinders them from the search of the causes of other things, and thereby gives occasion of feigning of as many gods as there be men that feign them. And for the matter or substance of the invisible agents so fancied, they could not by natural cogitation fall upon any other conceit, but that it was the same with that of the soul of man ; and that the soul of man was of the same substance with that which appeareth in a dream to one that sleepeth ; or in a looking-glass, to one that is awake ; which, men not knowing that such apparitions are nothing else'but creatures of the fancy, think to be real and external substances, and therefore call them ghosts : as the Latins called them imagines and umbrcs, and thought them spirits, that is, thin aerial bodies, and those invisible agents which they feared to be like them, save that they appear and vanish when they please." But the opinion that such spirits were incorporeal, or immaterial, could never enter into the mind of any man by nature; because, though men may put together words of contradictory signification, as "spirit," and "incor- poreal," yet they can never have the imagination of anything answering to them : and therefore, men that by their own meditation arrive to the acknowledgment ot one infinite, omnipotent, and eternal God, chose rather to confess He is incomprehensible, and above their understanding, than to define His nature by " spirit incorporeal, " and then confess their definition to be imintelligible ; or, if they give Him such a title, it is not " dogmatically " with intention to make the divine nature understood ; but " piously," to honour him with attributes, of significations as remote as they can from the grossness of bodies visible. Then for the way by which they think these invisible agents wrought their effects ; that is to say, what immediate causes they us^, in bringing things to pass, men that know not what it is that we call 'fcausing," that is, almost all men, have no other rule to guess by, but by observing and remembering what they have seen to precede the like effect at some other time, or times before, without seeing between the antecedent and subsequent event, any dependence or connection at all : and therefore from the"Iike things past, -they jexpect th e ilk e tbings^-to come ; and hope for good or evil luck, superstitiously, ffom things that have no part at all in the causing of it: as the Athenians did for their war at Lepanto, demand another 58 . • OF MAN. Phomiio; tlie Pompeian faction for their war in Africa, another Scipio ; and others have done in divers other occasions since. In like manner they attribute their fortune to a stander-by, to a lucky or unlucky place, to words spoken, especially if the name of God be amongst them ; as charming and conjuring, the-liturgy of witches ; inasmuch as to believe, they have power to turn a stone into bread, bread into a man, or anything into anything. Thirdly, for the worship which naturally men exhibit to powers invisible, it can be no other, but such exjjre^ions of their reverence, as they would use-to-wards men ; gifts, petitionsTSiariEs, submission of body, considerate addresses, sober behaviour, premeditated words, swearing, that is, assuring one another of their promises, by invoking them. Beyond that reason suggesteth nothing ; but leaves them either to rest there ; or for further ceremonies, to rely on those they believe to be wiser than themselves. Lastly, concerning how these invisible powers declare to men the things which shall hereafter come to pass, especially concerning their good or evil fortune in general, or good or ill success in any particular undertaking, men are naturally at a stand ; save that using to conjecture of the time to come, by the time past, they are very apt, not only to take casual things, after one or two encounters, for prognostics of the like encounter ever after, but also to believe the like prognostics frpm other men, of whom they have once conceived a good opinion. And in these four things, opinion of ghosts, ignorance of second causes, devotion towards what men fear, and taking of things casual for prognos- tics, consisteth the natural seed of "religion;" which by reason of the different fancies, judgments, and passions of several men, hath grown up into ceremonies so different, that those which are used by one man, are for the most part ridiculous to another. For these seeds have received culture from two sorts of men. One sort have been they that have nounshed ahd ordered them, according to their- own invention. The other have done it, by God's commandment and direction : but both sorts have done it, with a purpose to make those men that relied on them, the more apt to obedience, laws, peace, charity, and civil society. So that the religion of the former sort is a part of human politicsj and teacheth part of the duty which earthly kings require of their subjects. And the religion of the latter sort is divine politics j and containeth precepts to those that have yielded themselves subjects in the kingdom of God. Of the former sort were all the founders of commonwealths, and the lawgivers of the Gentiles : of the latter sort, were Abraham, Moses, and our blessed Saviour ; by whom have been derived unto us the laws of the kingdom of God. And for thaf part of religion, which consisteth in opinions concerning the nature of powers invisible, there is almost nothing that has a name, that has not been esteemed amOngst the Gentiles, in one place or another, a god, or devil ; or by their poets feigned to be inanimated, inhabited, or possessed by some spirit or other. The unformed matter of the world, was a god by the name of Chaos. The heaven, the ocean, the planets, the fire, the earth, the winds, were so many gods. Men, women, a bird, a crocodile, a calf, a dog, a snake, an onion, a leek, were deified. Besides that, they filled almost all places with spirits called " demons ; " the plains, with Pan and Panises, or Satyrs; the woods, with Fauns, and Nymphs ; the sea, with Tritons, and other Nymphs ; every river and fountain, with a ghost of his name, and with Nymphs ; eveiy house with its ' ' Lares, " or familiars ; every man with his " Genius ; " hell with ghosts, and spiritual officers, as Charon, Cerberus, and the Furies ; and in the night-time, all places with "larvae," "lemures," ghosts of men OF RELIGION. 59 deceased, and a whole kingdom of fairies and bugbeafs. They have also ascribed divinity, and built temples to mere accidents and qualities ; such as are time, night, day, peace, concord, love, contention, virtue, honour, health, rust, fever, and the like ; vrhich when they prayed for, or against, they prayed to, as if there were ghosts of those name? hanging over their heads, and letting fall, or withholding that good or evil, for or against which they prayed. They invoked also their own wit, by the name of Muses ; their own ignorance, by the name of Fortune ; their own lusts by the name of Cupid ; their own rage, by the name of Furies ; their own privy members, by the name of Priapus ; and attributed their pollutions to Incubi and Succubse : insomuch as there was nothing, which a poet could introduce as a person in his poem, which they did not make either a " god," or a "devil." Tlie same authors of the religion of the Gentiles, observing the second ground for religion, which is men's ignorance of causes ; and thereby their aptness to attribute their fortune to causes, on which there was no depend- ence at all apparent, took occasion to obtrude on their ignorance, instead of second causes, a kind of second and ministerial gods ; ascribing the cause of fecundity to Venus ; the cause of arts, to Apollo ; of subtlety and craft, to Mercury ; of tempests and storms, to ^olus ; and of other effects, to other gods ; insomuch as there was amongst the heathen almost as great variety of gods as of business. And to the worship, which naturally men conceived fit to be used towards - their gods, namely, oblations, prayers, thanks, and the rest formerly named ; the same legislators of the Gentiles have added their images, both in pic- ture and sculpture ; that the more ignorant sort, that is to say, the most part or generality of the people, thinking the gods for whose representation they were made, were really included, and as it were housed within them, might so much the more stand in fear of them : and endowed them with lands, and houses, and officers, and revenues, set apart from all other human uses j that is, consecrated, and made holy to those their idols ; as caverns, groves, woods, mountains, and whole islands ; and have attributed to them, not only the shapes, some of men, some of beasts, some of monsters ; but also the faculties and passions of men and beasts : as sense, speech, sex, lust, generation, and this not only by mixing one with another, to propagate the kind of gods, but also by mixing with men and women, to beget mongrel gods, and but inmates of heaven, as Bacchus, Hercules, and others ; besides anger, revenge, and other passions, of living creatures, and the actions proceeding from them, as fraud, thefl, adultei-y, sodomy, and any vice that may be taken for an effect of power, or a cause of pleasure ; and all such vices, as amongst men are taken to be against law, rather than against honour. Lastly, to the prognostics of time to come; which are naturally but con- jectures upon experience of time past; and supematurally, divine re- velation ; the same authors of the religion of the Gentiles, partly upon pre - tended experience, partly upon pretended revelation, have added innu- merable other superstitious ways of divination ; and made men believe they should find their fortunes, sometimes in the ambiguous or senseless answers of the priests at Delphi, Delos, Ammon, and other famous oracles ; which answers were made ambiguous by design, to own the event both ways ; or absurd, by the intoxicating vapour of the place, which is very frequent in sulphurous caverns : sometimes in the leaves of the Sybils ; of whose pro- phecies, like those perhaps of Nostradamus (for the fragments now extant seem to be the invention of later times)^ there were some books in reputa- tion in the time of the Roman Republic : sometimes in the insignificant speeches of madmen, supposed to be possessed with a divine spirit, which 6o OF MAN. possession they called .enthusiasm ; and these kinds of foretelling evfinfs wefe accounted theomancy, or prophecy : sometimes in the aspect of the stars at their nativity ; which was called horoscopy, and esteemed a part of judiciary astrology : sometimes in their own hopes and fears, called ihumomancy, or presage : sometimes in the prediction of witches, that pre- tended conference with the dead : which is called necromancy, conjuring, and witchcraft ; and is but juggling and confederate knavery : somelimes m the casual flight or feeding of birds ; called augury : sometimes in the entrails of a sacrificed beast ; which was " aruspicina : " sometimes in dreams ; sometimes in croaking of ravens, or chattering of birds ; sometimes in the lineaments of the face ; which was called metoposcopy ; or by palmistry in the lines of the hand; in casual words, called "omina:" sometimes in monsters, or unusual accidents ; as eclipses, comets, rare meteors, earth- quakes, inundations, uncouth births, and the like, which they called " por- tenta," and " ostenta," because they thought them to portend or foreshow some great calamity to come ; sometimes, in mere lottery, as cross and pile, counting holes in a sieve ; dipping of verses in Homer, and Virgil ; and in- numerable other such vain conceits. So easy are men to be drawn to believe anything, from such men as have gotten credit with them ; and can with gentleness and dexterity take hold of their fear and ignorance. And therefore the first founders and legislators of commonwealths among the Gentiles, whose ends were only to keep the people in obedience and peace, have in all places taken care ; first, to imprint in their minds a belief, that those precepts which they gave concerning religion, might not be thought to proceed from their own device, but from the dictates of some god, or other spirit ; or else that they themselves were of a higher nature than mere mortals, that their laws might the more easily be received : so Numa Pompilius pretended to receive the ceremonies he instituted amongst the Romans, from the nymph Egeria : and the first king and founder of the kingdom of Peru, pretended himself and his wife to be the children of the Sun ; and Mahomet, to set up his new religion, pretended to have con- ferences with the Holy Ghost, in form of a dove. Secondly, they have had a care to make it believed, that the same things were displeasing to the gods which were forbidden by the laws. Thirdly, to prescribe ceremtmies, supplications, sacrifices, and festivals, by which they were to believe, the anger of the gods might be appeased ; and that ill success in war, great con- tagions of sickness, earthquakes, and each man's private misery, came from the anger of the, gods, and their anger from the neglect of their worship, dr the forgetting or mistaking some point of the ceremonies required. And though amongst the ancient Romans, men were not forbidden to deny that which in the poets is written of the pains and pleasures after this life : which divers of great authority and gravity in that state have in their harangues openly derided ; yet that belief was always more cherished than the contrary. And by these, and such other institutions, they obtained in order to their end, which was the peace of the commonwealth, that the common people in their misfortunes, laying the fault on neglect, or error in their ceremonies, or on their own disobedience to the laws, were the less aut to mutiny against their governors ; and being entertained with the pomp'and pastime of festivals, and public games, made in honour of the gods, needed nothing else but bread to keep them from discontent, murmuring, and commo- tion against the state. And therefore the Romans, that had conquered the greatest part of the then known world, made no scruple of tolerating any religion whatsoever in the city of Rome itself ; unless it had something in it that could not consist with their civil government ; nor do we read that any religion was there forbidden, but that of the Jews ; who, being the OP RELIGION. 6i peculiar kingdom of God, thought it unlawful to acknowledge subjection to any mortal king or state whatsoever. And thus you see how the religion of the Gentiles was part of their policy. But where God Himself, by supernatural revelation, planted religion; there He also made to Himself a peculiar kingdom ; and gave laws not only of behaviour towards Himself, but also towards one another ; and thereby in the kingdom of God, the policy, and laws civil, are a part of religion ; and therefore the distinction of temporal and spiritual domination, hath there no place. It is true that God is king of all the earth ; yet may He be king of a peculiar and chosen nation. For there is no more incongruity therein, than that he that hath the general command of the whole army, should have withal a peculiar regiment, or company of his own. God is king of all the eailh by His power ; but of His chosen people He is king by covenant. But to speak more largely of the kingdom of God, both by nature and covenant, I have in the following discourse assigned another place (chapter xxxv.). From the propagation of religion, it is not hard to understand the causes of the resolution of the same into its first see.ds, or principles ; which are only an opinion of a deity, and powers invisible and supernatural ; that can never be so abolished out of human nature, but that new religions may again be made to spring out of them, by the culture of such men as for such purpose are in reputation. f For seeing all formed religion, is founded at first upon the faith which iTmultitude hath in some one person, whom they believe not only to be a wise man, and to labour to procure their happiness, but also to be a holy man, to whom God Himself vouchsafeth to declare His wiU supernaturally^ it followeth necessarily, when they that have the government of religion, shall come to have either the wisdom of those men, their sincerity, or their love suspected ; or when they shall be unable to show any probable token of divine revelation ; that the religion which they desire to uphold, must be suspected hkewise ; and, without the fear of the civil sword, contra- dicted and rejected. That which taketh away the reputation of wisdom, in him that formeth a religion, or addeth to it when it is already formed, is the enjoining of a belief of contradictories ; for both parts of a contradiction cannot possibly be true ; and therefore to enjoin the belief of them, is an argument of ignorance ; which detects the author in that ; and discredits him in all things else he shall propound as from revelation supernatural ; which revelation a man may indeed have of many things above, but of nothing against natural reason. That which taketh away the reputation of sincerity, is the doing or saying of such things, as appear to be signs, that what they require other men to believe is not believed by themselves ; all which doings or sayings are therefore called scandalous, because they be stumbling-blocks, that make men to fall in the way of religion ; as injustice, cruelty, profaneness, aralice, and luxury. For who can believe that he that doth ordinarily such actions as proceed from any of these roots, believeth there is any such invisible power to be feared, as he affrighteth other men withal for lesser faults ? That which taketh away the reputation of Jexe> is the-being -detected of pri_vate ends ; as whenlhe belief "fliey require of others, conduceth or feemeth to conduce to the acquiring of dominion, riches, dignity, or secure pleasure, to themselves only, or specially. For that which men reap benefit by to themselves, they are thought to do for their own sakes, and not for love of others. Lastly, the testimony that men can render of divine calling, can be no 62 OF MAN. other tlian the operation of miracles ; or true prophecy, which also is a miracle ; or extraordinary felicity. And therefore, to those points of re> ligion, which have been received from them that did such miracles ; those that are added by such as approve not their calling by some miracle, obtain no greater belief than what the custom and laws of the places, in which they be educated, have wrought into them. For as in natural things, men of judgment require natural signs and arguments ; fo in supernatural things, they require signs supernatural, which- are miracles, before they consent inwardly, and from their hearts. All which causes of the weakening of men's faith, do manifestly appear in the examples following. First, we have the example of the children of Israel ; who when Moses, that had approved his calling to them by miracles, and by the happy conduct of them out of Egypt, was absent but forty days, revolted from the worship of the true God, recommended to them by him ; and setting up (Exod. xxxiii. i, 2) a golden calf for their god, relapsed into the idolatry of the Egyptians ; from whom they had been so lately delivered. And again, after Moses, Aaron, Joshua, and that generation which had seen the great works of God in Israel (Judges ii. 11) were dead ; another generation arose, and served Baal. So that miracles failing, faith also failed. Again, when the sons of Samuel (l Sam. viii. 3) being constituted by their father judges in Bersabee, received bribes, 'and judged unjustly, the people of Israel refused any more to have God to be their king, in other manner than He was king of other people ; .and tlieiefore cried out to Samuel, to choose them a king after the manner of the nations. So that justice failing, faith also failed ; insomuch, as they deposed their God from reigning over them. ■ And whereas in the planting of Christian religion, the oracles ceased in all parts of the Roman empire, and the number of Christians increased wonderfully every day, and in every place, by the preaching of the Apostles and Evangelists ; a great part of that success may reasonably be attributed to the contempt into which the priests of the Gentiles of that time had brought themselves by their uncleanness, avarice, and juggling between princes. Also the religion of the Church of Rome, was partly for the same cause abolished in England, and many other parts of Christendom, insomuch, as the failing of virtue in the pastors, maketh faith fail in the people : and partly from bringing of the philosophy and doctrine ot Aristotle into religion, by the schoolmen ; from whence there arose so many contradictions and absurdities, as brought the clergy into a reputation both of ignorance and of fraudulent intention ; and inclined people to revolt from them, either against the will of their own princes, as in France and Holland ; or with their will, as in England. Lastly, amongst the points by the Church of Rome declared necessary for' salvation, there be so many, manifestly to the advantage of the Pope, and ol his spiritual subjects, residing in the territories of other Christian "piinces, that were it not for the mutual emulation of those princes, they might with- out war or trouble, exclude all foreign authority, as easily as it had been excluded in England. For who is there that does not see to whose benefit it conduceth, to have it believed that a king hath not his authority from Clirist, unless a bishop erown him ? That a king, if he be a priest, cannot marry ? That whether a prince be bom in lawful marriage, or not, must be judged by authority from Rome? That subjects may be freed from their allegiance, if by the Court of Rome the king be judged an heretic ? That a king, as Chilperic of France, may be deposed by a pope, as Pope Zachary. for no cause ; and his kingdom given to one of his subjects ? Thai the clergy and regulars, in what country soever, shall be exempt from IN AT URAL CONDITION OF MANKIND. 63 r the jurisdiction of their king in cases criminal ? ; Or who does not see, to whose profit redound the fees of private masses, and vales of purgatory^ with other signs of private interest, enough to mortify the most lively faith', if, as I said, the civil ma<;istrate and custom did not more sustain it, than any opinion they have of the sanctity, wisdom, or probity of their teachers ? So that I may attribute all the changes of religion in the world to one and the same cause ; and that is, unpleasing priests ; and those not only amongst Catholic, but even in that Church that hath presumed most of reformation. CHAPTER XIII. Of the Natural Condition of Mankind as concerning their Felicity and Misery. Nature hath made men so equal, in the facultias of the body and mind ; as that though there be found one man sometimes manifestly stronger in body, or of quicker mind than another, yet when all is reckoned together, the difference between man and nian, is not so considerable, as that one man canTFere- upon claiiirToTiimself any benefit, to which another may not pretend, as well as he. For as to the strength of body, the weakest has strength enough to kill the strongest, either by secret machination, or by confederacy with others, that are in the same danger with himself. And as to the faculties of the mind, setting aside the arts grounded upon words, and especially that skill of proceeding upon general and infallible rules, called science ; which very few have, and but in few things ; as being not a native faculty, born with us ; nor attained, as prudence, vrtiile we look after somewhat else, I find_J[et a greater equality amongst men than that of strength. For prudence is but experience ; which equal time, equally Bestows on all men, in those things they equally apply themselves unto. That which may perhaps make such equality incredible, is but a vain con- ceit of one's own wisdom, which almost all men think they have in a greater degree than the vulgar ; that is, than all men but themselves, and a few others, whom by fame or for copcurring with themselves, they approve. For such is the nature of men, that howsoever they may acknowledge many others to be more witty, or more eloquent, or more learned ; yet they will hardly believe there be many so wise as themselves ; for they see their own wit at hand, and other men's at a distance. But this proveth rather that men are in that point equal, than unequal. For there is not ordinarily a greater sign of the equal distribution of anything, than that every man is contented with his share. From this equalitj^of, ability, ariseth equality of hope in the attaining of our ends. And' therefore if any two men desire the same thing, which nevertheless they cannot both enjoy, they become enemies ; and in the way to their end, which is principally their own conservation, and sometimes their delectation only, endeavour to destroy or subdue one another. And from hence it comes to pass, that where an invader hath no more to fear than another man's single power; if one plant, sow, build, or possess a con- venient seat, othei-s may probably be expected to come prepared with lorces united, to dispossess and deprive him, not only of the fruit of his labour, but also of his life or liberty. And the invader again is in the like danger of another. And from this diffidence of one another, there is no way for any man to secure himself, so reasonable, as anticipation ; that is, by force, or wiles, to master the persons of all men he can, so long, till he see no other power 64 OF MAN, great enough to endanger him : and this is no more than his own conserva- tion requireth, and is generally allowed. Also because theire be some, that taking pleasure in contemplating their own power in the acts of conquest, which they pursue farther than their security requires ; if ethers, that other- wise would be glad to be at ease within modest bounds, should not by invasion increase their power, they would not be able, long time, by stand- ing only on their defence, to subsist. And by consequence, such augmenta- tion of deminion over men being necessary to a man's conservation, it ought to be allowed him. Again, men have no pleasure, but on the contrary a great deal of grief, in keeping company, where there is no power able to overawe them all. For every man looketh that his companion should value him, at the same rate he sets upon himself : and upon all signs of contempt, or undervaluing, naturally endeavours, as far as he dares, (which amongst them that have no common power to keep them in quiet, is far enougli to make them, destroy e.ich other,) to extort a greater value from his contemners, by damage ; and from others, by the example. I So thai, iji^ the nature of man, we find three principal causes of quarrel. [ First, comgetitioti ; secondly, dlffidencej^ thirdly, glory. The ?rit7maReER~ineinii vacTe for gain ; the second, for safety ; and the third, for reputation. The first use violence, to make themselves masters of other men's persons, wives, children, and cattle ; the second, to defend them ; the third, for trifles, as a word, a smile, a different opinion, and any other sign of undervalue, cither direct in their persons, or by reflection in their kindred, their friends, their nation, their profession, or thgir name. ^^ Hereby it is manifest, that dudng the time men live without a common ''^ power to keep them all in awe, they are in that condition which is called war ; and sucli a war, as is of every man, against every man. For "war" consisteth not in battle only, or the act of fighting ; but in a tract of time, wherein the will to contend by battle is sufficiently known : and therefore the notion of " time" is to be considered in the nature of war, as it is in the nature of weather. For as the nature of foul weather lieth not in a shower or two of rain, but in an inclination thereto of many days together ; so the nature of war consisteth not in actual fighting, but in the known disposition thereto during all the time there is no assurance to the contrary. All other time is " peace." Whatsoever therefore is consequent to a time of war, where every man is enemy to every man, the same is consequent to the time wherein men live without other security than what their own strength and their own invention shall furnish them withal. In such condition there is no place for industry, because the fruit thereof is uncertain, and consequently no culture of the earth ; no navigation, nor use of the commodities that may be imported by sea ; no commodious building ; no instruments of moving and removing such things as require much force ; no knowledge of the face of the earth •■ /no account of time ; no arts ; no letters ; no society ; and, which is wors. Y of all, continual fear and danger of violent death ; and the life of man, soli- tary, poor, nasty, brutish, and short. It may seem strange to some man, that has not well weighed these things, that Nature should thus dissociate, and render men apt to invade and de- stroy one another ; and he may therefore, not trusting to this inference, made from the passions, desire perhaps to have the same confirmed by ex- perience. Let him therefore consider with liimself, when taking a journey, he arms himself, and seeks to go well accompanied ; when going to sleep, he locks his doors ; when even in his house, be locks his chests; and this, when he knows there be laws, and public ofSceis, armed, to revenge all NATURAL LAWS. 65 injuries shall be clone him ; what opinion he has of his fellow-subjects, when he rides armed j of his fellow- citizens, when he locks his doors; and of his children and servants, when he locks his chests. Does he not there as much accuse mankind by his actions as I do by my words ? But neither of us accuse man's na'ure iu it. The desires and other passions of man are in themselves no sin. No more are the actions that proceed from those passions, till they know a law that forbids them ; which till laws be made they cannot know, nor can any law be made till they have agreed upon the person that shall make it. It may perad venture be thought there was never such a time nor condi- tion of war as this ; and I believe it was never generally so, over all the world, but there are many places where they live so now. For the savage people in many places of America, except the government of small families, the concord whereof dependeth on natural lust, liave no government at all, and live at this day in that brutish manner, as I said before. Howsoever, it may be perceived what manner of life there would be, where there were no common power to fear, by the manner of life which men tliat have lor- merly Jived unaer a peacelul government, use to degenerate into in a civil war. But though there had never been anytime, wherein particular men were in a condition of war one against another ; yet in all limes, kings, and persons of sovereign authority, because of their independency, are in ^ ^- continual jealousies, and in the state and posture of gladiators ; having their ^ weapons pointing, and their eyes fixed on one another ; that is, their forts, garrisons, and guns upon the frontiers of their kingdoms ; and continual spies upon their neighbours ; which is a posture of war. But because they uphold thereby the industry of their subjects ; there does not follow from ^ it that misery which accompanies the liberty of particular men. / To this war of every man, against every man, this also is consequent ; ^^ ^ that nothin p ; can be ur^iiyr. The notions of right and wrong, justice and injustice, have there no place. Where there is no common power, there is no law : where no law, no injustice. Force and fraud, are in war the two cardinal virtues. Justice and injustice are none of the faculties neither of the body nor mind. If they were, they might be in a man that were alone in the world, as well as his senses, and passions. They are qualities that relate to men in society, not in solitude. It is consequent also to the same condition, that there be no propriety, no dominion, no "mine" and " thine " distinct ; but only that to be every man's, that he can get ; and fc^<^ so long, as he can keep it. And thus much for the ill condition, which man by mere nature is actually placed in ; though with a possibility to come out of it, consisting partly in the passions, partly in his reason. Tlie passions that incline men to peace, are fear of death ; desire of such things as are necessary to commodious living ; and a hope by their industry to obtain them. And reason suggesteth convenient articles of peace, upon which men may be drawn to agreement. These articles are they which.' otherwise are called the Laws of Nature : whereof I shall speak more par- ticularly, in the two following chapters. CHAPTER XIV. Of the First and Second Natural Laws, and of Contn^ik " The right o f Na ture," which writers commonly caW jus naiurale, is the liberty eScli lUUil hath, to usejas-aw" jower, as he_ wjll, himself '°£j.^® ,'55ffeeil^ftaBT#1liys\vlI nature; tHatTs To" say, Bf "KToSm'lifeT'aKir conse- C 1\ ( 66 OF MAN. quently; of doing anything, which in his own judgment and reason he shall conceive to be the aptest means thereunto. ' By " l iberty, " is understood, according to the proper signification of the wnrrlj^His ahsSnce nf f y|;firpal impedimenta ; which impediments may oft take away part of a man's power to do wllat he would ; but cannot hinder him from using the power left him, according as his judgment and reason S shall dictate to him. A " la w of Nat ure. " kx naturalis, is a precep t pr_gerieral rulCj^ found out bTyi^Igg, by wfiich a man isjorbidden to do tKat which is destructive o f m^meTor taketTr'away the means ot preservTng the same'; and to omit that, by which he thlhKetTi" iFmay'be Best preserved. For though they that speak of this subject, use to confound jus and lex, " right " and " law : " yet they oiigh t to be distinguished : b ecause " rjghtj" consisteth in. liberty-to do, br-tQ,iaiBgarjL wnereaS ''^' law," 'determineth and"'bm'3eth to one (i^thera ; so that law an"d "right' "diHer as 'much as oBTl^tionand liberty ; which in one and the same matter are inconsistent. •'' And because the condition of man, as hath been declared in the precedent chapter, is a condition of war of every one against every one ; in which case ■- every one is governed by his own reason ; and there is nothing he can make --. use of, that may not be a help unto him, in preserving his life against his enemies ; it foUoweth, that in such a condition, every man has a right to everything ; eveji to one another's body. And therefore, as long as this natural rig"ht of every man to everything endureth, there can be no security to any man, how strong or wise soever he be, of living out the time, which Nature ordinarily alloweth men to live. And consequently it is a precept, or general rule of reason, "that every man ought to endeavour peace, as, far as he has hope of obtaining it ; and when he cannot obtain it, that he may seek, and use, all helps, and advantages of war." The first branch of which rule, containeth the first, and fundamental jajv.o|_Natme.; which is, "to seek peace, aud^£!llpw_itj^'___The._secondj.. the__sum of the right of Nature : which is, " by alfmeans we can, to defeTiS oiireelves." /T From this fundamental law of Nature, by wliich men are commanded to j/endeavour peace, is derived this second law ; '4that a^man be willing, when J^2tIj£j5Ju;e,so4QQ,^a,s jar^grjll^gis IJor- peace^.and deKMe <^^imself B^jKall y tliinkit necessary, to^y3^n_this right to all things"; and be contented t^lth - Sti jmuch Ji3iaiy_agSoslL..other_meiv_as he ^ would allow other men agains t himself." For as long as every man holdeth this right, of 'doing auytntBgTie liketh ; so long are all men in the condition of war. But if other men will not lay down their right, as well as he j then there is no reason for any one to divest himself of his : for that were to expose himself to pre/, which no man is bound to, rather than to dispose himself to peace. This is that law of the Gospel ; " whatsoever you require that others should do to you, that do ye to them." And that law of all men, quod Hbi fieri nan vis, alteri nefeceris. To '_' lay down" a man's " right" to anything, is to "divest " himself of the " liberty," of hindering another of the benefit of his own right to the same. For he that renounceth, or passeth away his right, givethnot to any other man a right which he had not before; becausetjieie_is. ^nothing to which every man had not right_by Nature : but (mlystandeth out oT his way, thatlle^may-gnjoy his owifofiginal right, without hindrance from him ; not without hindrance from another. So that the effect which redoundeth taone man, by another man's defect of right, is but so much diminution oiimpediments to the use of his own right original. Right is laid aside, either by simply renouncing it ; or by transferring it to another. By " simply renouncing ; " when he cares not to whom t"** benefit thereof^ redpundeth. By "transferring;" when he intendeth r. h 2] NATURAL LAWS. 67 benefit thereof to some certain person or persons. And when a man hath in feither manner abandoned; or granted away his riglit ; then is he said to be "obliged,"_gr_'Mbound,"npt__tQjjindet those, to whom^ such right is granTed, or abandoned, from the benefit of it : and that he " ought," and it is hTs "duty," not to make void that voluntary act of his own :. and that such hindrance is "injustice," "and "injury," as being sine jure; the right being before renounced, or transferred. So that " injury," or " injustice," in the controversies of the world, is somewhat like to that, which in the dis- putations of scholars is called " absurdity." For as it is there called an absurdity, to contradict what one maintained in the beginning : so in the world it is called injustice and injury voluntarily to undo that from the beginning he had voluntarily done. The way by which a man either simply renounceth, or transferreth his right, is a declaration, or signification, by some voluntary and sufficient sign, or signs, that he doth so renounce, or transfer ; or hath so renounced, or transferred the same, to him that accepteth it. And these signs are either words only, or actions only ; or, as it happeneth most often, both words and actions. And the same are the "bonds," by which men are bound, and obliged : bonds, that have their strength, not from their own nature, for nothing is more easily broken than a man's word, but from fear of some..fi3al-con«eqaence-i;pon,the-*af>taTe. Whensoever a man transferreth his right, or renounceth it, it is either in J consideration of some right reciprocally transferred to himself ; or for some \ Qther good he bopeth for thereby. For it is a voluntary act : and of the - voluntary acts of every man, the object is some "ggg^to himself." And therefore there be some rights, which no man can Se'undefstSod by any words, or other signs, to have abandoned or transferred. As first la man cannot lay down the right of resisting them that assault him by ' force, to take away his life ; because he cannaL_bs-understood to aim tKrSby at any good to himself. . The same may be said of wounds, and ., chains, and imprisonment ; both because there is no benefit consequent to such patience ; as there is to the patience of suffering another to be wounded, or imprisoned ; as also because a man cannot tell, when he seeth men proceed against him by violence, whether they intend his death or not. And lastly theiuolise'andend for which this renouncing, and transferring of riglit is introduced, is nothing else but the security o f amaif|s_E£r5on, in his life, and in the means of so preserving life, as not to Be'weaiy of it. And therefore if a man by words, or other sigus, seem to despoil himself of the end, for which those signs were intended ; he is not to be understood as if he meant it, or that it was his will ; but that he was ignorant of how such words and actions were to be mterpreted. The mutual transferring of right, is that which men__call ILcontract. " There is difference between transfei-ring oTright to the thing ; and trans- ferring, or tradition, that is deliveiy of the thing itself. For the thing may be delivered together with the translation of the right ; as in buying and selling with ready money ; or exchange of goods, or lands ; and it may be delivered some time after. Again, one of the contractprs may deliver the thing contracted for on his part, and leave the other to perform his part at some determinate time after, and in the meantime be trusted ; and then the contract on his part is called " pact," or " covenant : " or both parts may contract now, to perform here- after ; in which cases, he that Is to perform in time to come, being trusted, his performance is called "keeping of promise," or faitk ; and the failing of performance, if it be voluntary, " violation of faith." When the transferring of right, is not mutual : but one of the parties, transferreth, in hope to gain therebyfriendship, or service from another, or from his friends ; or in hope to gain the reputation of charity, or mag- L i '68 OF MAN. nanimity, or to deliver his mind from the pain of compassion ; or in hope of reward in heaven ; this is not contract, but "gift," "free gift, "" grace," vi'hich vpords signify one and the same thing. Signs of contract, are either " express," or "by inference." Express, are words spoken with understanding of what they signify ; and such words are either of the time " present," or "past ; " as, "I give," " I grant," "I have ' I will give, " "I will grant ; " which words of the future are called " promise." Signs by inference are sometimes the consequence of words ; sometimes I the consequence of silence ; sometimes the consequence of actions ; some- i times the consequence of forbearing an action : and generally a sign by in- Vference, of any contract, is whatsoever sufiSciently argues the will of the \ contractor. Words alone, if they be of the time to come, and contain a bare promise, ' are an insufficient sign of a free gift, and therefore not obUgatoiy. For if they be of the time to come, as " to-monow I will give," they are a. sign I have not given yet, and consequently that my right is not transferred, but remaineth till I transfer it by some other act. But if the words be of the time present, or past, as, "I have given," or, " do give to be delivered to- morrow," then is my to-morrow's right given awayta-day ; and that by the virtue of the words, though there were no other argument of my will. And there is a great difference in the signification of these words, volo hoc tuum esse eras, and eras daio ; that is, between " I will that this be thine to- morrow," and, " I will give it thee to-morrow :" for the word " I will,'-' in the former manner of speech, signifies an act of the will present ; b^uTTn the latter, it signifies a promise o f aa jacLpf tlie-mllJo come ; and therefore the former words, being of the present, transfer a future right ; the latter, that be of the future, transfer nothing. But if there be other signs of the will to transfer a right, besides words, then, though the gift be free, yet may the right be understood to pasi by words of the future : as if a man propound a prize to him that comes first to the end of a race, the gift is free ; and though the words be of the future, yet the right passeth : for if he would not have his words so be understood, he should not have let them run. In contracts, the right paSseth, not only where the words are of the time present, or past, but also where they are of the future : because all contract is mutual translation, or change of right ; and therefore he that promiseth only, because he hath already received the benefit for which he promisetli, is to be understood as if he inteiided the right should pass : for unless he had been content to have his words so understood, the other would not have performed his part first. And for that cause, in buying and selling, and other acts of contracts, a promise is equivalent to a covenant ; and therefore obligatory. He that performeth first in the case of a contract, is said to ' ' merit " that which he is to receive by the performance of the other ; and he hath it as "due." Also when a prize is propounded to many, which is to be given to him only that winneth ; or money is thrown amongst many, to be enjoyed by them that catch it ; though this be a free gilt ; yet so to win, or so to catch, is to "merit," and to have it as "due." For the right is transferred in the propounding of the prize, and in throwing down the money ; though it be not determined to whom, but by the event of the con- tention. But there is between these two sorts of merit, this difference, that m contract, I merit by virtue of my own power, and the contractor's need ; but m this case of free gift, I am enabled to merit only by the benignity of the giver : in contract, I merit at the contractor's hand that he should depart with his right ; in this case of gift, I merit not that the giver should part NATURAL LA WS. 69 with liis right ; but that when he has parted with it, it should be mine, rather than another's. And this I think to be the meaning of that distinction of the schools, between meritum congrui, and meritnm condigni. For God Almighty, having promised Paradise to those men, hoodwinked with carnal desires, tliat can walk through this world according to the precepts and limits prescribed Uf Him ; tliey say, he that shall so walk, shall merit Para- dise ex congruo. f But becaiise no man can demand a right to it, by his own righteousness, or any other power in himsAjf, but by the free grace of God only ; they say, no man can merit VaxaSxs^lxcondigno. This I say, I think is the meaning of that distinction ; but because disputers do not agree upon the signification of their own terms of art, longer than it serves their turn ; I will not affirm anything of their meaning : only this I say ; when a gift iai/' given indefinitely, as a prize to be contended for, he that winneth meriteth, and may claim the prize as due. If a convenant be made, wherein neither of the parties perform presently, but trust one another ; in the condition of mere nature, which is a condition of war of every man against every man, upon any reasonable suspicion, it is void ; but if there be a common power set over them both, with right and force sufficient to compel performance, it is not void. For he that per- formeth first, has no assurance the other will perform after ; because the bonds of words are too weak to bridle men's ambition, avarice, anger, and other passions, without the fear of some coercive power ; which in the con- dition of mere nature, where all men are equal, and judges of the justness of their own fears, cannot possibly be supposed. And therefore he which performeth first, does but betray himself to his enemy ; contrary to the right, he can never abandon, of defending his life and means of living. But in a civil estate, where there is a power setup to constrain those that would otherwise violate their faith, that fear is no more reasonable, and for that cause, he which by the covenant is to perform first, is obliged so to do. The cause of fear, which maketh such a covenant invalid, must be always i something arising after the covenant made ; as S9me new fact, or other sign / of the will not to perform ; else it cannot make the covenant void. For that which could not hinder' a man from promising, ought not to be admitted as a hindrance of performing. He that transferreth any right, transferreth the means of enjoying it, as far as lieth in his power. As he that selleth land, is understood to transfer the herbage, and whatsoever grows upon it : nor can he that sells a mill turn away the stream that drives it. And they that give to a man the right of government in sovereignty, are understood to give him the right of levying money to maintain soldiers ; and of appointing magistrates for the administration of justice. To make covenants with brute beasts, is impossible ; because not under- standing our speech, they understand not, nor accept of any translation of right ; nor can translate any right to another : and without mutual accepta- tion, there is no covenant. To make covenant with God, is impossible, but by mediation of such as God speaketh to, either by revelation supernatural, or by His lieutenants that govern under Him, and in His name : for otherwise we know not whether our covenants be accepted, or not. And therefore they that vow anything contrary to any law of Nature, vow in vain ; as being a thing un- just to' pay such vow. And if it be a thing commanded by the law of Nature, it is not the vow, but the law that binds them. The matter, or subject of a covenant, is always something that falleth under deliberation ; for to covenant is an act of the will ; that is to say, an act, and the last act of deliberatioi) ; and is therefore always understood to 70 OF MAN. ' be sometliing to come ; and which is judged possible for him that cove- nanteth to perfoi-m. And therefore, to promise that which is known to be impossible, is no covenant. But if that prove impossible afterwards, which before was thought possible, the covenant is valid, and bindeth, though not to the thing itself, yet to the value ; or, if that also be impossible, to the unfeigned endeavour of performing as much as is possible : for to more no man can be obliged. Men are freed of their covenants two^aajis^Jay .^aerforming, or by being forgiven. For performance is the natural end of obligation ; and for- giveness the restitution of liberty ; as being a retransferring of that right, in which the obligation consisted. Covenants entered into by fear, in the condition of mere nature, are obligatory. For example, if I covenant to pay a ransom, or service for my life, to an enemy, I am bound by it, for it is a contract, wherein one rec?iveth the benefit of life ; the other is to receive money, or service for it ; 'and consequently, where no other law, as in the condition, of mere natiire, forbiddeth the performance, the covenant is valid. Therefore pris6ners of war, if trusted with the payment of their ransom, are obliged to pay it : and if a weaker prince make a disadvantageous peace with a, stronger, for fear, he is bound to keep it ; unless, as hath been said before, there ariseth some new and just cause of fear, to renew the war. And even in commonwealths, if I be forced to redeem myself from a thief by premising him inoney, I am bound to pay it, till the civil law discharge me. i^or whatsoever I may lawfully do without obligation, the same I may law- fully covenant to do through fear, and what I lawfully covenant, I cannot lawfully break. I' A former covenant rM,kes .yaiiLa later. For a man that hath passed away S his right to one man 'to'-Hay, hathr ft' not to pass to-morrow to another, and ' therefore the later promise passeth no right, but is null. A covenant not to defend myself from force, by force, is always void. For, as I have shown before, no man can transfer, or lay down his right to save himself from death, wounds, and imprisonment, the-avoiding whereof is the only end of laying down any right ; and therefore the promise of not resisting force, in no covenant transferreth any right, nor is obliging. For though a man may covenant thus, " unless I do so, or so, kill me," he can- not covenant thus, "unless I do so, or so, I will not resist you when you come to kill me." For man by nature chooseth the lesser evil, which is danger of death in resisting, rather than the greater, which is certain and present death in not resisting. And this is granted to be true by all men^ in that they lead criminals to execution and prison, with armed men, not- • withstanding that such criminals have consented to the law by which they ar/condemned. \\/A covenant to accuse oneself, without assurance of pardon, is likewise ! invalid. For in the condition of nature, where every man is judge, there is no place for accusation : and in the civil state, the accusation is followed with punishment ; which being force, a man is not obliged not to resist. The same is also true of the accusation of those by whose condemnation a man falls into misery ; as of a father, wife, or benefactor. For the testi- mony of such an accuser, if it be not willingly given, is presumed to be corrupted by nature, and therefore not to be received : and where a man's estimony is not to be credited, he is not bound to give it. Also accusa- tions upon torture, are not to be reputed as testimonies. For torture is to be used but as means of conjecture and light, in the further examination and search of truth ; and what is in that case confessed, tendeth to the ease of him that is tortured, not to the informing of the torturers, and therefore ^LA IVS OF NA TURK. 7 1 ought not to have the credit of a sufficient testimony ; for whether he deliver himself by true or false accusation, he does it by the right of pre- serving his own life. The force of words being, as I have formerly noted, too weak to hold men to the performance of their covenants ; there are in man's nature but y two imaginable helps to strengthen it. And those are either a fpnr nf t|ip V ^ consequence of breaking their word, or a glory or pride in appearing not ^o\^^ need to break it. This latter is a generosity too rarely found to be ^re^r sumed on, especially in the pursuers of wealth, command, or sensual pleasure, which are the greatest part of mankind. The passion to be reckoned upon is fear ; whereof there be two very general objects ; one, the power of spirits invisible ; the other, the power of those men they shall therein oifend. Of these two, though the former be the greater power, yet the fear of the latter is commonly the greater fear. The fear hi the former is in every man his own religion, which hath place in the nature of man before civil society. The latter hath not so, at least not place enough to keep men to their promises ; because in the condition of mere nature, the inequality of power is not discerned, but by the event of battle. So that before the time of civil society, or in the interruption thereof by war, there is nothing can strengthen a covenant of peace agreed on, against the temptations of avarice, ambition, lust, or other strong desire, but the fear of that invisible power, which they every one worship as God, and fear as a revenger of their perfidy. All therefore that can be done between two men not subject to civil power, is to put one another to swear by the God he feareth, which " swearing," or " oath," is " a form of speech, added to a promise ; by which he that promiseth, signifieth, that unless he perform, he renounceth the mercy of his God, or calleth to Him for vengeance on himself." Such was the heathen form, " Let Jupiter kill me else, as I kill this beast.'' So is our form, " I shall do thus, and thus, so help me God." And this, with the rites and ceremonies, which every one useth in his own religion, that the fear of breaking faith might be the greater. By this it appears, that an oath taken according to any other form, or rite, than his that sweareth, is in vain ; and no oath : and that there is no swearing by anything which the swearer thinks not God. For though men have sometimes used to swear by their kings, for fear, or flattery ; yet they would have it thereby understood, they attributed to them divine honour. And that swearing unnecessarily by God, is but profaning of His name : and swearing by other things, as men do in common discourse, is not swearing, but an impious custom, gotten by too much vehemence of talking. It appears also, that the oath adds nothing to the obligation. For a covenant, if lawful, binds in the sight of God, without the oath, as much as with it : if unlawful, bindeth not at all ; though it be confirmed with an oath. CHAPTER XV. Of other Laws of Nature. From that law of Nature, by which we are obliged to transfer to another, such rights, as being retained, hinder the peace of mankind, there foUoweth a third ; which is this, " that men perform their cov e nants ma de ; " without which, covenants are in vain, and but empty words ; and the right of all men to all things remaining, we are still in the condition of war. 72 OF MAM. And in iWs laVf of Nature consistetli the fountain and original o^ "justice." For where no covenant hath preceded, there hath no right been transferred, and every man has right to everything ; and consequently, no action can be unjust. But when a covenant is made, then to break it is "unjust:" and the definition of " injust ice," jj s , n o qjher _ than _" the not performance fi f covena nt." And whatsoever is not unjust, is "just."' But because covenants of mutual trust, where there is a fear of not per- formance on either part, as hath been said in the former chapter, are invalid ; though the original of justice be the making of covenants ; yet injustice actually there can be none, till the cause of such fear be taken away ; which while men are in the natural condition of war, cannot be done. Therefore Jsefore the names of just and unjust can have place, there must be some ^ cnprcivp p ower tn cnrr|pi^) pipn ga^jTnlly to the performance of their covenants, ^v the terror of some punishm ent, greater than the benefit they expect by the breach of their covenant ; and to make good that propriety, which bj mutual contract men acquire, in recompense of the universal right they abandon : and such power there is none before the erection of a common- wealth. And this is also to be gathered out of the ordinary definition of justice in the schools : for they say, that "justice is the constant will of giving to every man his own." And therefore where there is no " own," that is no propriety, there is no injustice ; and where there is no coercive power erected, that is, where there is no commonwealth, there is no pro- priety ; all men having right to all things : therefore where there is no, commonwealth, there nothing is unjust. So that the nature of justice, con- sisteth in keeping of valid covenants : but the validity of covenants begins not but with the constitution of a civil power, sufficient to compel men to keep them ; and then it is also that propriety begins. The fool hath said in his heart, there is no such thing as justice ; and sometimes also with his tongue ; seriously alleging, that every man's conservation, and contentment, being committed to his own care, there, could be no reason why eveiy man might not do what he thought conduced thereunto : and therefore also to makej or not make ; keep, or not keep covenants, was not against reason, when it conduced to one's benefit. He does not therein deny, that there be covenants ; and that they are some- times broken, sometimes kept ; and that such breach of them "may be called injustice, and the observance of them justice ; but he questioneth, whether injustice, taking away the fear of God, for the same fool hath said in his heart there is no God, may not sometimes stand with that reason, which dictateth to every man his own good ; and particularly then, when it conduceth to such a benefit, as shall put a man in a condition to neglect not only the dispraise, and revilings, but also the power of other men. The kingdom of God is gotten by violence ; but what if it could be gotten by unjust violence ? were it against reason so to get it, when it is impossible to receive hurt by it ? and if it be not against reason, it is not against justice ; or else justice is not to be approved for good. From such reasoning as this, successful wickedness hatfi obtained tHe name of virtue ; and some that in all other things have disallowed the violation of faith ; yet have allowed it, when it is for the getting of a kingdom. And the heaihen that believed that Salurn was deposed by his son Jupiter, believed nevertheless the same Jupiter to be the avenger of injustice ; somewhat like to a piece of law in Coke's "Commentaries on Littleton;" where he says, if the right heir of the crown be attainted of treason ; yet the crown shall descend to him, and eo instante the attainder be void : from which instances a mail ' will be very prone to infer, that when the heir apparent of a kingdom shall kill him that is in possession, though his father ; you may call it injustice, or by what other name you will ; yet it can never be against ^ LAWS OF NA TURE. 7i reason, seeing all the voluntary actions of men tend to the benefit of tlicn^- selves ; and those actions are most reasonable, that conduce most to their ends. This specious reasoning is nevertheless false. For the question is not of promises mutual, where there is no security of performance on either side ; as when there is no civil power erected over the parties promising ; for such promises are no covenants : but either where one of the parties has performed already ; or where there is a power to make him perform ; there is the question whether it be against reason, that is, against the benefit of the other to perform, or not. And I say it is not a^ainbt reason. For the manifestation whereof, we are to consider ; first, that when a man doth a thing, which notwithstanding anything can be foreseen and reckoned on, tendeth to his own destruction, howsoever some \ accident which he could not expect, arriving may turn it to his benefit ; yet Jr such events do not make it reasonably or wisely done. I Secondly, that in a r^tj^ condition of war, wherein every man to every man, for want of a common J^ power to keep them all in awe, is an enemy, there is no man who can hope by his own strength, or wit, to defend himself from destruction, without the help of confederates ; where every one expects the same defence by the confederation, that any one else does : and therefore he which declares he thmks it reason to deceive those that help him, can in reason expect no other means of safety than what can be had from his own single power. He therefore that breaketh his covenant, and consequently declareth that he thinks he may with reason do so, cannot be received into any society, yc y that unite themselves for peace and defence, but by the error of them that -jj receive him ; nor when he is received, be retained in it, without seeing the ,jr^ danger of their error ; which errors a man cannot reasonably reckon upon as the means of his security ; and therefore if he be left, or cast out of society, he perisheth ; and if he live in society, it is by the errors of other men, which he could not foresee, nor reckon upon ; and consequently against the reason of his preservation ; and so, as all men that contribute not to his destruction, forbear him only out of ignorance of what is good for themselves. As for the instance of gaining the secure and perpetual felicity of heaven, by any way, it is frivolous : there being but one way imaginable ; and that is not breaking, but keeping of covenant. And for the other instance of attaining sovereignty by rebellion ; it is manifest, that though the event follow, yet because it cannot reasonably be expected, but rather the contraiy ; and because by gaining it so, others are taught to gain the same in like manner, the attempt thereof is against reason. Tustice therefore, that is to say, keepintr o f covenantj is a rule of . / reason, by which we are jorbiaden to do anything destructive to our life ; V/ and consequently a law of Nature. There be some that proceed further; and will not have the law of Nature to be those rules which conduce to the preservation of man's life on earth ; but to the attaining of an eternal felicity after death ; to which they think the breach of government may conduce ; and consequently be just and \y reasonable ; such are they that think it a work of merit to kill, or depose, or »* rebel against the sovereign power constituted over them by their own consent. ^5J But because there is no natural knowledge of man's estate after death ; much 7^ less of the reward that is then to be given to breach of faith ; but only a belief \\ grounded upon other men's saying, that they know it supematurally, or that they know those that knew them, that knew others, that knew it supema- turally ; breach of faith cannot be called a precept of reason, or nature. Others, that allow for a law of Nature the keeping of faith, do neverthe- less malce exception of certain persons ; as heretics, and such as use not to perform tb?ir gpvenant to others ; and this alsp is against reason, For if / 74 OF MAN. any fault of a man be sufficient to discharge our covenant made ; the ^me ought in reason to have been sufficient to have hindered the making of it. The names of ju5t, and unjust, when they are anrih^jtprl to men, sipnify one things;" andwBen"'t1'iey are attributed-to ..actions^ another. When they~are attributed to men, they signify conformity, or inconformity of . manners, to reason. But when they are attributed to actions they j signify the conformity or inconformity to reason, not of manners or \ manner of life, but of particular actions. A just man, therefore, is he that taketh all the care he can that his actions may be all just, and an unjust man is he that neglecteth it. And such men are more often in our language styled by the names of righteous and unrighteous than just and unjust, though the meaning be the same. Therefore, airighteous man does not lose that title by one or a few unjust actions that proceed from sudden passion or mistake of things or persons ; nor does an unrighteous man lose his character for such actions as he does, or forbears to do, for fear, because his will is not framed by the justice, but by the apparent benefit of what he is to do. That which gives to human actions the relish of justice is a cer- tain nobleness or gallantness of courage, rarely found, by which a man scorns to be beholden, for the contentment of his life, to fraud or breach of promise. This justice of the manners is that which is meant, where justice is called a virtue, and injustice a vice. But the justice of actions denominates men, not just, but " guiltless ;'" and the injustice of the same, which is also called injury, gives them but the name of "guilty." Again, the injustice of manners is the disposition or aptitude to do in- jury ; and is injustice before it proceeds to act, and without supposing any individual person injured. But the injustice of an action, that is to say in- jury, supposeth an individual person injured, namely, him to whom tlie covenant was made ; and therefore many times the injury is received by one man when the damage redoundeth. to another. As when the master commandeth his seivant to give money to a stranger : if it be not done, the injury is done to the inaster, whom he had before covenanted to obey ; but the damage redoundeth to the stranger, to whom he had no obligation, and therefore could not injure him. And so also in commonwealths. Private men may remit to one another their debts, but not robberies or other violences, whereby they are endamaged, because the detaining of debt is an injury to themselves, but robbery and violence are injuries to the pei-son of the commonwealth. Whatsoever is done to a man, conformable to his own will signified to the doer, is no injury to him. For if he that doeth it, hath not passed away his original right to do what he please, by some antecedent covenant, there is no breach of covenant ; and therefore no injury done him. And if he have, then his will to have it done being signified, is a release of that covenant ; and so again there is no injury done him. Justice of actions, is by writers divided into " co mmutati ve." and "dis- tributive : " and the former they say consisteth in proportion arithmetical; llieTatter in proportion geometrical. Commutative, therefore, theyplace in the equality of value of the things contracted for ; and distributive, in the distril)ution of equal benefit, to men of equal merit. As if it were injustice ! , to sell dearer than we buy ; or to give more to a man than he merits. The j value of all things contracted for, is measured by the appetite of the con- tractoft : and therefore the just value is that which they be contented to give. And merit, besides that which is by covenant, vi-here the per- formance on one part, meriteth the performance of the other part, and falls under justice commutative, not distributive, is not due by justice ; but is re- warded of grace only. And therjfbia-tliisjlistinction, in the sense wherein LA WS OF NA rURE. 75 it useth to be expounded, is not right. To speak properly, commutauve justice is ths iusticc of a con tractor ; that is, a penormance of covenant, in buying and selling ; liiriiif, and letting to hire ; lending, and bonowing ; exchanging, bartering, and other acts of contract. And distri butive justice, the justice of an arbitrator ; that is to say, the act of defining what is jiist. vVlierein, being ti^iisled by them that make him arbitrator, if he perform his trust, he is said to distribute to every man his own : and this is indeed just distribution, and may be called, though improperly, distributive justice ; but more properly equity ; which also is a law of Nature, as shall be shown in due place. As justice dependeth on antecedent covenant; so does "gratitude" depend on antecedent grace ; tRat is to say, antecedent free gift : and is the f ourth law of Nature ; which may be conceived in this form, "ihat a man wlilcK recguKllxJjenefit from another of mere grace, endeavour that he which givelh it, have no reasonable cause to repent him of his good will." For no qian givet h, but "with intention of good, to himself; because gilt is vohm&ri'y7 ilUl U( Ull' V'oluntary acts, tlie object is It) tivery man his own good ; of which if men see they shall be frustrated, there will be no beginning of benevolence, or trust, nor consequently of mutual help; nor of reconciliation of one man to another; and therefore they are to remain still in the conditiou of "war," which is contrary to the first and funda- mental law of Nalure, which commandeth men to "seek peace." The breach of this law, is called " ingratitude," and hath the same relation to grace that injustice hath to obligation by covenant. A fifth law_ of Nature, is " c omnlaisafir. e : " that is to say, "that eveiy man stay£_tg,^scominoda^e_hirnself to^ the rest." For the understanding whereof, we may consider, that there is in men's aptness to society, a diversity of nature, rising from their diversity of affections ; not unlike to that we see in stones brought together for building of an edifice. For as that sldne which by the asperity, and irregularity of figure, takes more room from others than itself fills ; and for the hardness, eannot be easily made plain, and thereby hindereth the building, is by the builders cast away as unprofitable and troublesome : so also, a man that by asperity of nature, will strive to retain those things which to himself are superfluous, and to others necessary ; and for the stubbornness of his passions, cannot be cor- rected, is to be left, or cast out of society, as cumbersome thereunto. For seeing every man, not only by right, but also, by necessity of nature, is supposed to endeavour all he can, to obtain that which is necessary for his conservation ; he that shall oppose himself against it, for things superfluous, is guilty of the war that thereupon is to follow ; and therefore doth that which is contrary to the fundamental law of Nature, which commandeth ' ' to seek peace." The observers of this law, maybe called "sociable," the Latins call them commodi; the contrary, "stubborn,'' " insociable," "froward," "intractable." A gixth la w of Natujig^is this, " thatjiEai.eautiaiLS£Jl!£,fii'BS£jMM> ^ man ougtit to pardon the offences past of them that repenting, desire it." For '"^ardorr'^'i{otEing~but granting of p^eace; which though granted to them that persevere in their hostility, be not peace, but fear ; yet not granted to them that give caution of the future time, is sign of an aversion to peace ; and therefore contrary to the law of Nature. A s eventh is. "that iji revenges," that is, retribution of evil for evil, "men'look noTaTtlie' greatness of .{he.exil^Eastj but_the^j;reatiKSS of the good to follow." ' Whereby we are iforbidden to inffict puiiShraent with any other design, than for correction of the offender, or direction of others. For this law is consequent to the next before it, that commandeth pardon, upon security of the future time. Besidts, revenge, without respect to the 76 OF MAN. example and profit to come, is a triumph or glorying in the hurt of another, tending to no end ; for the end is always somewhat to come ; and glorying to no end, is vain-glory, and contrary to reason, and to hurt without reason, tendetli to the introduction of war ; which is against the law of Nature ; and is commonly styled by the name of ' ' cruelty. " And because all signs of hatred, or contempt, provoke to fight ; insomuch as most men choose rather to hazard their life than not to be revenged ; we may in the ei ghth place , for a law of N ature, set down this precept, "that no man by deed, word77:ountenance, or^st ure. decla re hatred o r cont empt o f anqt herT" Ihe breactTof wfiicE law is commonly calleS^' contumely." Tlie"question who is the better man, has no place in the condition of mere nature ; where, as has been shown before, all men are equal. The inequality that now is, has been introduced by the laws civil. I know that Aristotle in the first book of his " Politics," for a foundation of his doctrine, maketh men by nature, some more worthy to command, meaning the wiser sort, such as he thought himself to be for his philosophy ; others to serve, meaning those that had strong bodies, but were not philosophers as he ; as if master and servant were not introduced by consent of men, but by dif- ference of wit ; which is not only against reason, but also against e.xperi- ence. For there are very few so foolish, that had not rather govern themselves than be governed by others : nor when the wise in their own conceit, contend by force with them who distrust their own wisdom, do they always, or often, or almost at any time, get the victory. If Nature therefore have made men equal, that equality is to be acknowledged : or if Nature have made men unequal ; yet because men that think themselves equal, will not enter into conditions of peace, but upon equal terms, such equality must be admitted. And th erefore for the fr i"tI)l lyY "*^ ^"tw r'*. I put this, ''that.gveryman_acknowkdge_an^e^^ The breach of thiiprgcept is'"j)ri3e7^ "' ' ^ On this law dependeth another, " that at the entrance into conditions of peace, no man require to reserve to^himself any right whiclj.he is not con- tent should bej-eserved fo every one of the "rest." "AS it is necessary for all men that seek peaE? to lay'down certain rights of nature ; that is to say, not to have liberty to do all they list : so is it necessary for man's life to retain some, as right to govern their own bodies ; enjoy air, water, motion, ways to go from place to place ; and all things else, without which a man cannot live, or not live well. If in this case, at the making of peace, men require for themselves that which they would not have to be granted to others, they do contrary to the precedent law, that commandeth the acknowledgment of natural equality, and therefore also against the law of Nature. The obs ervers of this law are those we jalLJlmodest." and the breakers " arrogffiF" men.' The Greeks call the violation of this law TrXeopeJia ; that is, a desire of more than their share"! Also if "a man be trusted_t2_judg£. between man and man," it is a precept of the law of Nature, " thatheid^l_equally between them." For without that, the controversies of men cannorte^aeteniTined but by war. He therefore that is partial in judgment, doth what in him lies, to deter men from the use of judges and arbitrators; and consequently, against the fundamental law of Nature, is the cause of war. The observance of this law, from the equal distribution to each man, of that which in reason belongeth to him, is called " equity," and as I have said before, distributive justice : the violation, " acception of persons," And from this foUoweth an ojher l aw, " that such things as cannot be divided, be enjoyed in common^ it "II can be ; and if the quantity of the thing permit, without stint ; otherwise "praportionably to the number o£ LA WS OF NA TURE. 77 them that have right." For otherwise the distribution is unequal, and contrary to equity. But some tilings there be that can neither be divided nor enjoyed in com- mon. Then, the law of Nature, which prescribeth equity, requireth " that the entire rtgRtPor erse," maKuTg" the use alternate, the first possession, be determined by lot. " For equal distribution is of the law of Nature, and other means of equal distribution cannot be imagined. Of " lots " there be two sorts, "arbitrary," and "natural." Arbitrary is that which is agreed on by the competitors : natural, is either "primo- geniiute," which the Greeks call <\i]poyonla, which signifies "given by lot," or "ficjtseizure." _ /~ And tKrefore those things which cannot be enjoyed in common, nor\_/ I divided, ought to be adjudged to the first possessor; and in some cases to/^ ^he first born, as acquired by lot. It is also a law of Nature, "that all men that mediate peace, be allowed safe conduct." For the law that commandeth peace, as the end, com- mandeth intercession, as the " means ;" and to intercession the means is safe conduct. And because, though men be never so willing to observe these laws, there may nevertheless arise questions concerning a man's action ; first, whether it were done, or not done ; secondly, if done, whether against the law, or not against the law ; the former whereof, is called a question " of fact ; " the latter a question ' ' of right, " therefore unless the parties to the question covenant mutually to stand to the sentence of another, they are as far from peace as ever. This other to whose sentence they submit is called an "arbitrator." And therefore it is of the law of Nature, "that they, that are at controversy, submit^ tligir, right to the_ judgment of an \f^ arbitrator. ' And seeing every man is presumed to do all things in order to his own benefit, no man is a fit arbitrator in hisj)wn cause ; and if he were never so fit; yet equitynUowlng to eacITparty equal benefit, if one be admitted to be judge, the other is to be admitted also ; and so the controversy, that is, the cause of war, remains against the law of Nature. For the same reason no man in any cause ought to be received for arbitrator, to whom gi'eater profit, or honour, or pleasure apparently ariseth out of the victory of one party than of the other : for he hath taken, though an unavoidable bribe, yet a bribe ; and no man can be obliged to trust him. And thus also the ctmtroversy, and the condition of war remaineth, contrary to the law of Nature. And ill a controversy of " fact," the judge being to give no more credit to one than to the other, if there be no other arguments, must give credit to a third ; or to a third and fourth ; or more : for else the question is unde- cided, and left to force, contrary to the law of Nature. T hese are the laws of Nature, dictatin g peace, for a means of the conser- vation of men in niultitudes ; "and whicli'onl'y""coricern the doctrine of civil society. There be other things tending to the destruction of particular men ; as drunkenness, and all other parts of intemperance ; which may therefore also be reckoned amongst those things which the law of Nature hath forbidden ; but are not necessary to be mentioned, nor are pertinent enough to this place. And though this may seem too subtle a deduction of the laws of Nature, to be taken notice of by all men ; whereof the most part are too busy in getting food, and the rest too negligent to understand ; yet to leave all men inexcusable, they have been contracted into one easy sum, intelligible even to the meanest capacity ; and that is, " Do not that to another, which thou wouldst not have done to thyself ; " which showeth him that he has no <^-'X^A> 7S OF MAN. more to ao lu icarning ths laws of Nature, but when weighing the actions of other men with his own, they seem too heavy, he put them into the other part of the balance, and his own into their place, that his own passions and self-love may add nothing to the .weight ; and then there is none of these laws of Nature that will not appear unto him very reasonable. The laws of Nature oblige in foro interna; that is to say, they bind to a desire they should take place ; but in foro exierno ; that is, to the putting tliem in act, not always. For he that should be modest, and tractable, and perform all he promises, in such time and place where no man else should do so, should but make himself a prey to others, and procure his own certain ruin, contrary to the ground of all laws of Nature, which tend to Nature's preservation. And again, he that having sufficient security, that others shall observe the same laws towards him, observes them not himself, seeketh not peace, but war ; and consequently the destruction of his nature by violence. And whatsoever laws bind in foro interno, may be brokezi, not only by a fact contrary to the law, but also by a fact according to it, in case a man think it contrary. For though his action in this case be according to the law, yet his purpose was against the law ; which, where the obligation is in foro iniemo, is a breach. ^ / y~ The laws of Nature are immutable and eternal ; for injustice, ingratitude, \ y^ arrpgance, pride, iniquity, accepl^ion of persons, and the rest, can never be J iHrade lavrful.ijFor jt can never be that war shall preserve life, and peace/ 'l/'Cdestroy it. tJ<««ra9-we--wott W be d oire- to," of themselves, without the terror aif some power, to cause them to .be observed, are con- \ trary to our natural passions, that carry us" to partiality, pride, revenge, and the like. And covenants, Without the sword, are but words, and of no strength to secure a man at all. Therefore notwithstaiiding the laws of Nature, which every one hath then kept, when he has the will to keep them, ; when he can do it safely, if there be no power erected, or not great enough / for our security ; every man will, and may lawfully rely on his own strength ^ and art, for caution against all other men. And in all places, where men , have lived by small faniilies, to rob and spoil one another, has been a trade, and so faffrom being reputed against the law. of Nature, that the greater spoils they gained,-the greater was their honour ; and men observed no other laws therei;3, but the laws of honour; that is, to abstain from cruelty, leaving to men their lia>e.^, and instruments of husbandly. And as small families did then ; so now do cities and kingdoms, which are but greater families, for their own security, enlarge their dominions, upon all pretences Granger, and fear of invasion, or assistance that may be given to invaders, ^wi. endeavour as much as they can, to subdue, or weaken their neighbours, ' by open force and secret arts, for want of other caution, justly ; and are remembered for it in after .ages with honour. v^ Nor is it the joining together of a small number of men, that gives them I) X this security ; because in small numbers, small additions on the one side or the other, make the advantage of strength so great, as is sufficient *to caiTy :^ \ the victory; and therelore gives encouragement to an invasion. Jle* multitude sufficient to confid_e in for our security, is notdetermined-by any ' cefiain number, bulrby-Cgmpafison with the en emy w e fear- and is then sufficient, whfin the odds of the enemy is not~6f"s3visfl3re and conspicuous moment, to determine the event of war, as to move him to attempt And be there never so great a multitude ; yet if their actions be directed accordmg to their particular judgments and particular appetites they can CAUSES, ETC. OF A COMMONWEALTH. 83 expect thereby no defence, nor protection, neither against a common enemy, nor against the injuries of one anotlier. For being distracted in opinions ', concerning the best use and application of their strength, they do not help "■ — -' but hinder one another ; and reduce their strength by mutual opposition to nothing ; whereby they are easily, not only subdued by a very few that agree together ; but also when there is no comma« enemy, they make war upon jj^a ■^ each other, for their particular interests, ^or^f weTJould suppose a great (V multitude of men to consent in the observation of justice, and other laws of'^'''^ Nature, without a common power to keep ihem' all in awe; we might asQuxV"^ well suppose all mankind to do the same ; and then there neither would be, nor need to be any civil govemmeiiUor commonwealth at all ; because there would be peace without subjectionV'^ — Nor is it enough for the security, which men desire should last all the time of their life, that they be governed and directed by one judgment, for _/ a limited time : as in one battle, or one war. For though they obtain a / victory by their unanimous endeavour against a foreign enemy ; yet after- wards, when either they have no common enemy, or he that by one part is"" held for an enemy, is by another part held for a friend', they must needs by j|^ «• the difference of their interests dissolve, and fall again into a war amongst fv>UA^ themselves. ' t«T It is true that certain living" creatures, as bees and ants, live sociably one— — with another, which are therefore by Aristotle numbered amongst political creatures >vjind yet have no other direction, than their particular judgments ^ »*J and appetites ; nor speech, whereby one of them can signify to another, t>')!J^ what he thinks expedient for the common benefit ; and therefore some man may perhaps desire to know, why njankind cannot do the same. To which I answer, Fjrst, that men are continually in competitionjfor honour and dignity, ^^,--' whicli these creatures are not ; and consequentTy amongst men there ariseth on that ground, envy and hatred, and finally war ; but amongst these not so. Secondly, that amongst these creatures, the common good djffereth not fromlEe private ; and being by nature indined to their private, Ihey procure thereby the common benefit. .But man, whose joy consisteth in comparing himself with other men, can relish nothing but what is eminent. Thirdly, that these creatures, having not, as man, the use of reason, do not see, nor think they see any fault, in the administration of their common business ; whereas amongst men, there are very many that think themselves wiser, and abler 10 govern the public, better, than the rest ; and these strive to reform and innovate, one this way, another that way ; and thereby bring it into distraction and civil war. Fjiattjily, that these creatures, though they have some use of voice, in making known to one another their desires and other affections ; yet they want that art of words, by which some men can represent to others that which is good in the likeness of evil ; and evil in the likeness of good ; and augment or diminish ,the a'pparent greatness of good and evil ; discontenting men, and troubling their peace at their pleasure. Fifthly, irrational creatures cannot distinguish between "injury" and "da&age ; " and therefore as long as they be at ease, they are not offended with their fellows : whereas man is then most t r nuhlesnnnp nrhpn he is mnst -^L— -"^ at 6ase ; for'tben it is that he loves to show his wisdom, and control .the actionJ of them that govern the commonwealth. Lastly, the agreement of these creatures is natural ; that of men is by covenant only, which is artificial : and therefore it is no wonder if there be Swhat else required, besides covenant, to make their agreement constant aHJjich is a common power, to keep them in awe, and to direct ^^^' ■'ommon benefit. 84 OF COMMONWEALTH. , J The only way to erect such a common power, as may be able to defend I ftlieni from the invasion of foreigners, and the injuries ot one another, and I /thereby to secure them in such sort, as that by their own industry, and by 1 1 the fruits of the earth, they may nourish themselves and live contentedly, i-, f / to confer all their power a nd strength upon one man, or upon one assRmhl;L ' nf men, that mnv reduce aTT their wiUs. by plurality ot v n irps im te-eBa- __^iU : which is as much as to say," to appoint one man, or assembly of men, to bear their person ; and every one to own, and acknowledge himself to be author of whatsoever he that so beareth their person, shall act, or cause to be acted, in those things which concern the common peaK;e and safety ; and therein to submit their wills, every one to his will, and thetr judgments, to his judgment. This is more than consent, or concord ; it is a real unily of them all, in one and the same person, made by covenant of every man with every man, in such manner, as if every man should say to evei-y man, " I authorize and give up my right of governing myself, tonhis man, or to this assembly of men, on this condition, that thou give up thy right to him, and authorize all his actions in like manner." This done, the multit ude so imitpd in one pf^rsnn js called a " commonwealth." in Latin fs!'/ to.' Tliis is the generation of that great "leviathan," or rather, to speak more reverently, of that "mortal god," to which we owe under the "immortal IGod," our peace and defence. For by this authority, given him by every particulaTirran in the commonwealth, he hath the use of so much power and strength conferred on him, that bv terror thereof, he is enabled to per- form the wills of them all, to peace at home, and mutual aid against their enemies abroad. And in him consisteth the essence of the commonwealth ; which, to define it, is " one person, of whose acts a great multitude, by mutual covenants one with another, have made themserv^ every one the autKoi^,~tb the end he may use the strength and means of them all, as he ■ shall think expedientj for their peace. and common defence."- And he that carrieth this person is caljea "sovereign,'' and said to have " sovereign power ; " and every one besides, his " subject." The attaining to this sovereign power is by two ways. One, by natural force ; as when a man maketh his children to submit themselves, and their children, to his government, as being able to destioy them if they refuse ; or by \yar subdueth his enemies to his will, giving them their lives on that Tdition. The other is, when men agree amongst themselves to submit to 'ome man, or assembly of men, voluntarily, on confidence to be protected by him against all others. This latter may be called a political common- wealth, or common wealt h by "institution ; " and the former, a common- wegJth_^f^^^cquisition.'^"""AffdTirst, 1 snail speak of a commonwealth by institution. ' — CHAPTER XVni. Of the Rights of Sovereignk flj/ Instittiticn,, A " COMMONWEALTH " is said to be' " instituted," when a " multitude " of men do agree, and " covenant, every one, with every one," that to what- soever " man," or " assembly of men," shall be given by the major past, the " right " to "^present " the person of them all, that is to saj^, to be their •' representative ; " evSry one, as well he that " voted for it," Tts he that " voted against it," shall " authorize " all the actiojis and judgments, of that man,j)r assejnbly of men, in the same-manner, as if they were .Iji.". own, to the end, to live peaceably amongst themselves, audicmtft "' ""' against other men. ._, ,,,^.- . .: _ .^-nons be directed .War appetites, they can RIGHTS OF SOVEREIGNS. 85 From this institution of a commonwealtli are derived all the " rights " and " faculties" of him, or them, on whom sovereign power is conferred by the consent of the people assembled. 5JI£t, because they covenant, it is to be understood, they are not obliged by former covenant to anything repugnant hereunto. And consequently ' they that have already instituted a commonwealth, being thereby bound by covenant, to own the actiwi's~and jtfdgtnents of one, cannot lawfully m ake a jew covenant, amongst themselves, to be ohedient~t 'i ""y nthor, in any thing wnatsbever. without h i s permissim i! And therefore, they that arej EUDjects to a monarch, cannot without tiis leave cast off monarchy, and re-' turn to the confusion of a disunited multitu3e ; nor transfer their person from him that beareth it, to another man, or other assembly of men : for they are bound, every man to every man, to own, and be reputed author of all, that he that already is their sovereign, shall do, and judge fit to be> done : so that any one man dissenting, all the rest should break their covenant made to that man, which is injustice : and they have also every man given the sovereignty to him that beareth their person ; and therefore if they depose him, they take from him that which is his own, and so again it is injustice. Besides, if he that attempteth to depose his sovereign, be killed, or punished by him for such attempt, he is author of his own punishment, as beiag by the institution, author of all his sovereign shall do : and because it is injustice for a man to do anything for which he may be punished by his own authority, he is also upon that title unjust. TT\.nd whereas some men have pretended for their disobedience to their AlTereign, a new covenant, made not with men, but with God ; this also is unjust : for there is no covenant with God but by mediation of somebody that representeth God's person ; which none doth but God's lieutenant, who hath the sovereignty under God. But this pretence of covenant with God, is so evident a lie, even in the pretenders' own consciences, that it is not only a.i\\ act of an unjust, but also of a vile and unmanly dispositiorlQ S econ dly, because the right of bearing the person of them all, is given to him they make sovereign, by covenant only of one to another, and not of him to any of them ; iKptp ran linpy^^ pf, hrear^ nf covenant _oji_the .part of the sovereign : and consequently none of his subjects, by any pretence of forfeiture, can be freed from his subjection. That he ^iucli>~is made sovereign mjjJseth no covenant with his subjects beforehaodj .is-manifest ; becattscttltherhenuist make it "with the whole multitude, as one party to the covenant ; or he must make a several covenant with every man. With the whole, as one.party, jt is impossible ; because as yet they are not one person ; and if h^make so many several covenants as there be men, those covenants after he hath the sovereignty are void ; because what act soever can be pretended by any one of them for breach thereof, is the act both of himself and of all the rest, because done in the person and by the right of every one of them in particular. Besides", if any -one or more of them, pretend a breach of the covenant made by the sovereign at his institution ; and others, or one other of his subjects, or himself alone, pretend there was no such breach, there is in this case no judge to decide the controversy ; it returns therefore to the sword again ; and every man recovereth the right of protecting himself by his own strength, contrary to the design they had fn the institution. It is therefore in vain to grant sovereignty by way of precedent covenant. The opinion that any monarch receiveth his power by covenant, that is to say, on condition, proceedeth from want of under- standing this easy tnith, tha t coven ants being but words^and breath, have no force to oblige, contain, constrartTT-rarprotScrany man7 "but what it has fronr the'^publrc; sword ;- that- is, from ttre"DniTSt~hands of tTiat man, or assembly "oflEeiT that hath the sovereignty, and whose actions aie avouched 86 OF COMMONWEALTH. by them all, and performed by the strength of them all, in him united, 4 Uut when an assembly of men is made sovereign ; then no man imagineth any such covenant to have passed in the institution ; for no man is so dull as to say, for example, the people of Rome made a covenant with the Romans, to hold the sovereignty on such or such conditions ; which not performed, the Romans might lawfully depose the Roman people. That men see not the reason to be alike in a monarchy, and in a popular government, proceedeth from the ambition of some, that are kinder to the government of an assembly, whereof they may hope to participate, than of ( monarchy, which they despair to enjoy. / Thirdly, because the major part hath by consenting voices declared a / sovereign ; he that dissented must now consent with the rest ; that is, be contented to avow all the actions he shall do, or else justly be destroyed by the rest. For if he voluntarily entered into the congregation of them that were assembled, he sufficiently declared thereby his will, and therefore tacitly covenanted to stand to what the major part should ordain : and therefore if he refuse to stand thereto, or make protestation against any of their decrees, he docs contrary to his covenant, and therefore unjustly. And whether he be of the congregation or not ; and whether his consent be asked or not, he must either submit to thjir decrees, or be left in the condition of war he was in before ; wherein he might without injustice be destroyed by any man whatsoever. Fourthly, because_,every subject is by this_institutioii author of all the actions and judgments of the sovereign instituted,"Tt ToEows, that whatso- ever he doth it can be no injury to any'of his subjects, nor ought he to be by any of them accused of injiistice. For he that doth anything by autho- rity from another doth therein no injury to him by whose authority he acteth : but by this institution of a commonwealth every particular man is author of all the sovereign doth ; and consequently, he that complaineth of injury from his_^overeign complaineth of that whereof he himself is author, and therefore ought not to accuse any man but hiniself ; no,, nor himself of injury ; because^to do injury to one's self is impossible. It is true that they that have sovereign power may commit iniquity, but not injustice or injury in the proper signification. Fifthly, and consequently to that which was said last, no man that \ hath sovereign power can justly be put to death, or Qt; herwise in ag ^ manner by hig_siib]e£ts-pmu&hed^_^ For seeing every subject Ts author of^ acTinns 01 his sovereign, he punisheth another for the actions committed by himself And because the end of this institution is the peace and defence of them all ; and whosoever has right to the end has right to' the means ; it belongeth of right to whatsoever man or assembly that hath ihe sovereignty to be judge both of the means of peace and defence, and also of the hindrances and disturbances of the same, and to do whatsoever he shall think necessary to _ T' be done, both beforehand, for tlie preserving of peace and security, by pre- vention of discord at home and hostility from abroad ; and, when peace and security are lost, for the recovery of the same. And therefore, 1 Sixthly, it is annexed to the sovereignty to be judge of. what opinions and doctrines are averse and wVat conducing to peace ; and consequently, / on what occasions, how far, and what men are to be trusted withal, in ,- speaking to multitudes of people, arid who shall examine the doctrines of all books before they be published/ ^ For the actions of men proceed, from their opinions, and in the well govfcimng of opinions consisteth the well- governing of men's actions, in order to their peace and tBWSHI^Arit^ though in matter of doctrine nothing ought to be regarded but the tnitl^^^ this is not repugnant to regulating the same by peace. Ym doctrine rej^S RIGHTS OF SOVEREIGNS. 87 «ant to peace can be no more trae than peace and concord can be against the law of Nature. It is true that in a commonwealth, where, by the negligence or unskilfulnass of governors alid-teachers, false doctrines are by time generally received ; the contrary truths may be generally offensive. Yet the most sudden and rough bursting in of a new trath that can be, does never break the peace, but only sometimes awake the war. For those men that are so remissly governed, that they dare take up arms to defend or introduce an opinion, are still in war ; and their condition not peace, but only a cessation of arms for fear of one another ; and they live, as it were, in the precincts of battle continually. It belongeth therefore to him that hath the sovereign power to be judge, or constitute all judges of opinions and doctrines, as a thing necessary to peace, thereby to prevent discord and civil war. Seventhly, is annexed to the sovereignty, the whole power of prescribing the riHes, whereby every man may know what goods he may enjoy, and what actions he may do, without being molested by any of his fellow- subjects ; and this is it men call "propriety." For before constitution of sovereign power, as hath already been shown, all men had right to all things, whtch necessarily causeth war : and therefore this propriety, being necessary to peace, and depending on sovereign power, is the act of that power, in order to the public peace. These rules of propriety, or meum and tuum, and of "good," "evil," "lawful," and "unlawful" in the actions of subjects, are the civil laws ; that is to say, the laws of each commonwealth in particular ; though the name of civil law be now restrained to the ancient civil laws of the city of Rome, which being the head of a great part of the world, her laws at that time were in these parts the civil law. Eighthly, is annexed to the sovereignty, the right of judicature ; that is to say, of hearing and deciding all controversies, which mi^Tarise concern- ing law, either civil or natural, or concerning fact. For without the decision of controversies, there is no protection of one subject against the injuries of another ; the laws concerning meum and timm are in vain, and to every man remaineth, from the natural and necessary appetite of his own conservation, the riglit of protecting himself by his private strength, which is the condition of war, and contrary to the end for which every commonwealth is instituted. \ Ninthly, is annexed to the sovereignty, tlie right of making war and peace ' with other nations and commonwealths ; that is to say, of judging when it is for the public good, and how great forces are to be assembled, armed, and paid for that end ; and to levy money upon the subjects to defray the expenses thereof. Forthe power by which the people are-to be defended consisteth in their armies, ana tne strengthof,aii-aTmy, in ihe'Tfnion of their strength under one comm~and, WllioU command -the sovereign insti- tuted, therefore hath ; hpciinifc-the-ee>ftioand_oLtlia--^-'*'^'ti^v^hout " other institution, maketli hO.that— hath— it-sovereigm — ^And — therefbTe" whosoever is made general of an army, he that hath the sovereign power is always generalissimoj ■^ Tenthly, is anne^dStfto the sovereignty, the choosing of all counsellors, ministers, mag;istrate5, and officeis, both in peace and war.' 'For seeing the sovereign is charged with the end, which is the common peace and defence, he is understood to have power to use such means as he shall think most fit for his discharge. Eleventhly, to the sovereign is committed the power of rewarding with riches or honour, and of_2H"isi'-i"g "'■''' corporal or pecuniary punishment, or with ignominy, every" subject according to the law he hath formerly made ; or if there be no law made, according as he shall judge most to 88 OF COMMONWEALTH. conduce to ihe encouraging of men to serve the commonwealtli, or deterring of. them from doing disservice to the same. T~Lastly, considering what value men are naturally apt to set upon Ihem- sefves^ what respect they look for from others ; and how little they value other men ; from whence continually arise amongst them, emulation, quarrels, factions, and at last war, to the destroying of one another, and diminution of their strength against a common enertl^ it is necessary that there be laws of honour, and a public rate of the worth of such men as have deserved, or are able to deserve well of the commonwealth ; and that there be force in the hands of some or other, to put those laws in execution. But it hath already been shown, that not only the whole "militia," or forces of the commonwealth; but also the judicature of all controversies, is annexed to the sovereignty. To the sovereign therefore it belongeth also to give titles of honour ; and to appoint what order of place and dignity ; each man"5hsll"fi61d ; and what signs of respect, in public or private meet- \ ings, they shall give to one another. ;■ \s, Th^se are the rights, which make the essence of sover,ejgntij;_jj)d which /•^e the m"arks whereby a man may discern in what inan,_m;_ assembly of '^ mjaZjhe*iovere'ign'power i^ placed_^nd iesideth. For tliese are incom- mumcaBIeTlmd insepararbie. "Tlie power to coin money ; to dispose of the estate and persons of infant heirs ; to have pre-emption in markets ; and all 'Other statute prerogatives, may be transferred by the sovereign ; and yet / the power to protect his subjects be retained. But if he transfer the / "militia," he retains the judicature in vain, for want of execution of the '' laws: or if he grant away the power of raising money, the "militia" is in vain ; or if he give away the government of doctrines, men will be frighted into rebellion with the fear of spirits. And so if we consider any one of the said rights, we shall presently see, that the holding of all the rest will produce no effect, in the consei-vation of peace and justice, the end for which all commonwealths are instituted. And this division is it, whereof it is said, " a kingdom divided in itself cannot stand ; " for unless this division precede, division into opposite armies can never happen. If there had not first been an opinion received of the greatest part of England, that these powers were divided between the King, and the Lords, and the House of Commons, the people had never been divided and fallen into this civil war ; first between those that disagreed in politics ; and after between the dissenters about the liberty of religion ; which have so instrvicted men in this point of sovereign right, that there be few now in England that do not see that these rights are inseparable, and v/ill be so generally acknow- ' ' ledge^d at the next return of peace ; and so continue, till their miseries are forgotten ; and no longer, except the vulgar be better taught than they have hitherto been. And because they are essential and inseparable rights, it follows neces- sarily, that in whatsoever ^vords any of them seem to be granted away, yet if the sovereign power itself be not in dire^(erms renounced, and the name of sovereign no more given by the grantees to him that grants them, the grant is void : for when he has granted all he can, if we grant back the sovereignty, all is restored, as inseparably annexed thereunto.' This great authority being indivisible, and inseparably annexed to the sovereignty, there is little ground for the opinion of them that say of sove- reign kings, though they be singulis majores, of greater power than every one of their subjects, yet they be univcrsis minora, of less power than them all together. For if by "all together," they mean not the collective body as one person, then " all together,"and " every one," signify the same ; ; and the speech is absurd. But if by " alljogether," they understand ther' iis one person, which person the spvereign b?ars, then the power of a, KINDS OF COMMONWEALTH. 89 together, is the same with the sovereign's power ; and so again the speech is absurd : which absurdity they se6 well enough, when the sovereignty is in an assembly of the people ; but in a monarch they see it not ; and yet the g^ower^f sovereignty is the same in whomsoever it be placed. And as the power, so also 'file honour of the sovereign, ought to be greater, than that of any, or all the subjects. For in the sovereignty is the fountain of honour. The dignities of lord, earl, duke, and prince are his creatures. As in the presence of the master, the servants are equal, and without any honour at all ; so are the subjects in the presence of the sovereign. And though they shine some more, some less, when they are out of his sight ; yet in his presence, they shine no more than the stars in the presence of the sun. But a man may here object, that the condition of subjects is very miser- able ; as being obnoxious to the lusts, and otiier irregular passions of him or them that have so unlimited a power in their hands. And commonly they that live under a monarch, think it the fault of monarchy ; and they that live under the government of democracy, or other sovereign assembly, attribute all the inconvenience to that form of commonwealth ; whereas the power in '^Ufo^ms, if they be perfect enough to protect' them, is the Fame ; not considermg tliat the state of man can never be without some inconimodity or other; and that the greaTesF, that" in any- form of government can possibly happen to the people in general, is scarce sensible, in respect of < the miseries, and horrible calamities, that accompany a.^sixiLsuurCor that . dissolute condition of masterless men, without subjection to laws, and a coercive power to tie their hands from rapine and revenge : nor considering that the greatest pressure of sovereign governors proceedeth not from any delight, or profit they can expect in tlie damage or weakening of their sub- jects, in whose vigour consisteth their own strength and glory ; but in the restiveness of themselves, that unwillingly eontributing to their own defence, make it necessary for their governors to draw from them what they can in time of peace, that they may have Means on any emergent occasion, or sudden need, to resist, or take advantage on their enemies. For all men are by nature provided of notable multiplying glasses, that is their passions and self-love, tlirough which every little payment appeareth a great griev- ance ; but are destitute of those prospective glasses, namely, moral and civil science, to see afar off the miseries that hang over them, and cannot without such payments be avoided. CHAPTER XIX. Of the Several Kinds of Commonwealth by Institution, and of Succession 10 the Sovereign Power. The difference of commonwealths consisteth in the difiference of the sovereign, or the person representative of all and every one of the multitude. And because the sovereignty is either in one man, or in an assembly of more than one ; and into that assembly either every man hath right to enter, or not every one, but certain men distinguished from the rest ; it is manifest, there can be but three ,kinds of commonwealth. For the representative must needs be one man, or more : and if more, then it is the assembly of all, or but of a part. When the representative is one man, then is the commonwealth a " monarchy : " when an assembly of all that will come together, then it is a ' ' dSniocracy," or popular commonwealth : when an assembly of a part only, tHerTTFis called an " aristo cracy." Other kind of 90 OF COMMONWEALTH. .. commonwealth there can be none : for either one or inore, or all, must have the sovereign power, which I have showntojjs jndivisible, entire. There be other name's of gbvernmenFln the histories and books of policy, as "tyranny," and "oligarchy:" but they are not the names of other forms of government, but of the same forms misliked. For they that are discontented under "monarchy," call it " tyranny ; " and they that are displeased with "aristocracy," call it "oligarchy : " so also they which find themselves grieved under a " democracy," call it " anarchy," which signifies want of government ; and yet I think no man believes that want of govern- ment is any new kind of government : nor by the same reason ought they to believe that the government is of one kind when they like it, and another when they dislike it, or are oppressed by the governors. It is manifest, that men who are in absolute liberty may, if they please, give authority to one man to represent them every one ; as well as give such authority to any assembly of men whatsoever ; and consequently may subject themselves, if they think good, to a monarch as absolutely as to any other representative. Therefore, where there is already erected a sovereign power, there can be no other representative of the same people, but only to certain particular ends, by the sovereign limited. For that were to erect two sovereigns ; and every man to have his person represented by two actors, that by opposing one another, must needs divide that power, which, if men will live in peace, is indivisible, and thereby reduce the multitude into the condition of war, contrary to the end for which all sovereignty is instituted. And therefore as it is absurd to think that a sovereign assembly, inviting the people of their dominion to send up their deputies, with power to make known their advice, or desires, should therefore hold such deputies rather than themselves, for the absolute representatives of the people : so it is absurd also to think the same in a monarchy. And I know not how this so manifest a truth should of late be so little observed ; that in a monarchy, he that had the sovereignty from a descent of six hundred years, was alone called sovereign, had the iitle of Majesty from every one of his subjects, and was unquestionably taken by them for their king, was notwithstanding never considered as their representative ; the name without contradiction passing for the title of those men, which at his command were sent up by the people to carry their petitions, and give him, if he permitted if, their advice. Which may serve as an admonition, for those that are the true and absolute representative of a people, to instruct men in the nature of that office, and to take heed how they admit of any other general repre- sentation upon any occasion whatsoever, if they mean to discharge the trust committed to them. The difference^between these three kinds of commonwealth, consisteth lOt in the difference of power ; biit in the difference of convenience, or aptitude to produce the peace and security of the people ; for which end they were instituted. And to compare monarchy with the other two, we may observe ; first, that_ whosoever beareth the person of the people, or is one of that assembly that bears it, beareth also his own natural person. And though he be careful in his politic person to procure the common interest ; yet he is more or no less careful to procure the private good of himself, his family, kindred, and friends ; and for the most part, if the public interest chance to cross the private, he prefers the private : for the passions of men are commonly more potent than their reason. From whence it follows, that where the public and povate interest are most closely united, there is the public most advancBekJ/^Now in monarchy, the private interest is the same with the public. ^^The rinhps^pn\y(; |-, nnd hojiflutli a naftniirdj^adsejMlyJpm Jh£_ncheSjJstreii^^^ and reputation oO!is..sulyectsj For no king can be rich, ribr glfofious, nor secure, whose KINDS OF COMMOmVEALTH. 91 Subjects are either poor, or contemptible, or too weak tlirough want or dissension, to maintain a'war against their enemies : whereas in a demo- cracy, or aristocracy, the public prosperity confers not so much to the private fortune of one that is corrupt, or ambitious, as doth many times a perfidious advice, a treacherous action, or a civil war. Secondly, that a-HLonaictLreceivet h co unsel of whom, when, and where he plea seath ; and consequently may hear the opinion of men versed in the matter about which he deliberates, of what rank or quality soever, and as long before the time of action, and with as much secrecy, as he will. But when a sovereign assembly has need of counsel, none are admitted but such as have a right thereto from the beginning ; which for the most part are of those who have been versed more in the acquisition of weaUh than of knowledge ; and are to give their advice in long discourses, which may and do commonly excite men to action, but not govern them in it. For the " understanding " is by the fiame of the passions, never enlightened, but dazzled. Nor is there any place, or time, wherein an assembly can receive counsel with secrecy, because of their own multitude. Thirdly, that the resolutions of a monarch, are subject to no other- inconstancy, than that of human nature ; but in assemblies, besides that of Nature, there ariseth an inconstancy from the number. For the absence of a few, that would have the resolution once taken, continue firm, which may happen by security, negligence, or private impediments, or the diligent appearance of a few of the contrary opinion, undoes to-day all that was concluded yesterday. / Fourthly, tha t a mf >narr]i cannot disagree with himself, out of envy or interest ; but an assembly may ; and that to such a height, as may produce a civil way Fifthly, that in monarchy there is this inconvenience ; that any subject, Qjj^ by the power of one man, for the enriching of a favourite or flatterer, . \ may be deprived of all he possesseth; which I confess is a great and (J^'d inevitable inconvenience. But the same may as well happen, where the A, v" sovereign power is an assembly : for their power is the same ; and they are ' ^ as subject to evil counsel, and to be seduced by orators, as a monarch by j^^-A' flatterers ; and becoming one another's flatterers, serve one another's covetousness and ambition by turns. And whereas the favourites of monarchs are few, and they have none else to advance but their own kindred ; the favourites of an assembly are many ; and the kindred much more numerous than of any monarch. Besides there is no favourite of a monarch, which cannot as well succour his friends as hurt his enemies; but orators, that is to say, favourites of sovereign assemblies, though they have great power to hurt, have little to save. For to accuse, requires less eloquence, such is man's nature, than to excuse ; and condemnation, than absolution more resembles justice. Sixthly, that it is an inconvenience in monarchy, that the sovereignty may descend upon an infant, or one that cannot discern between good and evil : and consisteth in this, that the use of his power, must be in the hand of another man, or of some assembly of men, which are to govern by his right, and in his name ; as curators and protectors of his person and authority. But to say there is inconvenience in putting the use of the lovereign power into the hand of a man, or an assembly of men ; is to say that all govennnent is more inconvenient than confusion and civil war. And therefore all the danger that can be pretended, must arise from the conten- tion of those, that for an oflrce of so great honour and profit, may become competitors. To make it nppear that this inconvenience proceedeth not from that form of government we call monarchy, we are to consider that the precedent monarch hath appointed who shall have the tuition of his 92 OF COMMONWEALTH. infant successor, either expressly by testament, or tacitly, by not controlling the custom in that case received : and then such inconvenience, if it happen, is to be attributed, not to the monarchy, but to the ambition and injustice of the subjects ; which in all kinds of government, where the people are not well instructed in their duty and the rights of sovereignty, is the same. Or else the precedent monarch hath not at all taken order for such tuition ; and then the law 'of Nature hath provided this sufficient rale, that the tuition shall be in him that liath, by nature, most interest in the preservation of the authority of the infant, and to whom least benefit can accrue by his death or diminution. For seeing every man by nature seeketh his own benefit, and promotion ; to put an infant into the power of those that can promote themselves by his destruction, or damage, is not tuition, but treachery. So that sufficient provision being takerr against all just quarrel about the gov- ernment under a child, if any contention arise to the disturbance of the public peace, it is not to be attributed to the form of monarchy, but to the ambition of subjects, and ignorance of their duty. On the other side, there is no great commonwealth, the sovereignty whereof is in a great assembly, which is not, as to consultations of peace and war, and making of laws, in the same condition as if the government were in a child. For as a child wants the judgment to dissent from counsel given him, and is thereby necessitated to take the advice of them, or him, to whom he is committed : so an assembly wanteth thg,4iiierty to dissent from the counsel of the major part, be it good or bad. "jAnd as a child has need of a tutor, or protector, ^^o preserve his person and autliority : so also, in great commonwealths, the )J^ sovereign assembly, in all great dangers and troubles, have need of cusloda libcrtatis; that is of dictators, or protectors of iheir authority ; which are as " much as temporary monarchs, to whom for a time they may commit the ^entire exercise of their power ; and have, at the end of that time, been oftener deprivgdthereof than infant kings, by their protectors, regents, or any other tutorsT^ Though the TJinds of sovereignty be, as I have now shown, but three : that is to say, monarchy, where one man has it ; or democracy, where the general assembly of subjects hath it ; or aristocracy, where it is in an assembly of certain persons nominated, or otherwise distinguished from the rest : yet he that shall consider the particular commonwealths that have been, and are in the world, will not perhaps easily reduce them to three, and may thereby be inclined to think there be other forms, arising from these mingled together. As for example, elective kingdoms ; where kings have the sovereign power put into their hands for a time ; or kingdoms wherein the king hath a power limited : which governments are nevertheless, by most writers, called monarchy. Likewise if a popular, or aristocratical commonwealth subdue an enemy's country, and govern the same, by a president, procurator, or other magistrate : this may seem perhaps at first sight, to be a democratical, or aristocratical government. But it is not so. For elective Jongs., are. not sovereigns, but.ministers of the sovereign ; nor limitedToiigs, sovereigns, but ministers'of theni'that have Tire sovereign power : nor are those provinces which are in subjection to a democracy or aristocracy of another commonwealth, democratically or aristocratically governed, but monarchically. And first, concerning an elective king, whose power is limited to his life, as it is in many places of Christendom at this day ; or to certain years or months, as the dictator's power amongst the Romans ; if he have right to appoint his successor, he is no more elective but hereditary. But if he have no power to elect his successor, then there is some other man, or assembly known, which after his decease may elect anew ; or else the commonwealth dieth and dissolveth with him, and returneth to the condition of war. If it b" IS ■ KINDS OF COMMONWEALTH. 93 kno-,vn who have the power to give the sovereignty after his death, it is known also that the sovereignty was in them before ; for none have right to give that which they have not right to possess, and keep to themselves if they think good. But if there be none that can give the sovereignty after the decease of him that was first elected, then has he power, nay, he is obliged by the law of Nature, to provide, by establishing his successor, to keep those that had trusted him with the government from relapsing into the miserable condition of civil war. And consequently he wa.s, when elected, a sovereign absolute. ^! Secondly, that king whose power is limited, i^ not superior to him or them that have the power to limit it ; nna he that is not superior is not supreme, that is to say, not sovereign. The sovereignty therefore was always in that assembly which had the right to limit him ; and by conse- quence the government not monarchy, but either democracy or aristocracy ; \ as of old time in Sparta, where the kings had a privilege to lead their armies ; ' but the sovereignty was in the Ephori. Thirdly,, whereas heretofore the Roman people governed the land of Judea, for example, by a president ; yet was not Judea therefore a demo- cracy ; because they were not governed Iiy any assembly into the which any of ihem had right to enter ; nor an aristocracy ; because they were not governed by any assembly, into the which any man could enter by their election : but they were governed by one person, which, though as to the people of Rome, was an assembly of the people, or democracy ; yet as to the people of Judea, which had no right at all of participat- ing in the government, was a monarch. For though where the people are governed by an assembly, chosen by themselves out of their own number, , the government is called a democracy or aristocracy ; yet when they are I 'governed by an assembly not of their own choosing, it is a monarchy ; not of " one" man, over another man ; but of one people, over another people. Of all these forms of government, the matter being mortal, so that not only monarchs but also whole assemblies die, it is necessary, for the conser- vation of the peace of men, that as there was order taken for an artificial man, so there be order also taken for an artificial eternity of life: without which, men that are governed by an assembly should return into the condition of war in every age; and they that are governed by one man, as soon as their governor dieth. This artificial eternity is that which men call the right of "succession." There is, no perfect iaO&-0£- government.wbere the. disposing of ths_ suc- cession 'is"iiot' in the present sovereign.) For if it be in any other particular marTTTrpri^Ste-assernbtTpirtS' tri a person subject, and may be assumed by the sovereign at his pleasure ; and consequently the right is in himself. And if it be no particular man, but left to a new choice, then is the common- wealth dissolved, and the right is in him that can get it ; contrary to the intention of them that did institute the commonwealth, for their perpetual, and not temporary security. — 1 gn a democracy, the whole assembly cannot fail, unless the multitude that I to be governed fail. And therefore questions of the right of succession re in that fonn of government no place at all. ., ' .^n art aristocracy, when any of the assembly dieth, the election of another into his room belongeth to the assembly, as the sovereign, to whom belongeth the choosing of all counsellors and officers. For that which the representative doth, as actor, every one of the subjects doth, as author. And though the sovereign assembly may give power to others, to elect new men for supply of their court ; yet it is still by their authority that the election is made ; and by the same it may, when the public shall require it, be recalled. The greatest difficulty about the right of succession is in monarchy : and the difficulty ariseth from this, that at first sight, it is not manifest who is 54 OF COMMONl^EALTH. to nppolnt the successor ; nor many times, wlio it is whom he hath ap- pointed. For in both these cases there is required a more exact ratiocina- tion, than every man is accustomed to use. As to the question, who shall appoint the successor, of a monarch that hath the sovereign authority ; that is to say, who shall determine of the light of inheritance, (for elective kings and princes have not the sovereign power in propriety, but in use only, ) we are to consider that either he that is in possession has right to dispose of the succession, or else that right is again in the dissolved multitude. For the death of him tliat hath the sovereign power in propriety, leaves the multitude without any sovereign at all ; that is, without any representative in whom they should be united, and be capable of doing any one action at all : and therefore they are incapable of election of any new monarch ; every man having equal right to submit himself to such as he thinks best able to protect him ; or if he can, protect himself by his own sword ; ^ which is a return to confusion, and to the condition of a war of every man against every man, contrary to the end for whicli monarchy had its first institution. Therefore it is manifest, that by the institution of monarchy, the disposing of the successor is always left to the judgment and will of the present possessor. And for the question which may arise sometimes, who it is that the monarch in possession hath designed to the succession and inheritance of his power ; it is determined by his express words and testament, or by other tacit signs sufficient. By express words, or testament, when it is declared by him in his lifetime, viva voce, or by writing, as the first emperors of Rome declared who should be their heirs. For the word heir does not of itself imply the children, or nearest kindred of a man ; but whomsoever a man shall any way declare he would have to succeed him in his estate. If therefore a monarch declare expressly, that such a man shall be his heir, either by word or writing, then is that man immediately after the decease of his predecessor, invested in the light of being monarch. But where testament and express words are wanting, other natural signs of the will are to be followed, whe'reof the one is custom. And therefore where the custom is, that the next of kindred absolutely succeedeth, there also the next of kindred hath right to the succession ; for that if the will of him that was in possession had been otherwise, he might easily have declared the same in his lifetime. And likewise where the custom is, that the next of the male kindred succeedeth, there also the right of succession is in the next of the kindred male, for the same reason. And so it is if the custom were to advance the female. For whatsoever custom a man may by a word control, and does not, it is a natural sign he would have that custom stand. But where neither custom nor testament hath preceded, there it is to be understood, first, that a monarch's will is, that the government remain monarchical ; because he hath approved that government in himself. Secondly, that a child of his own, male or female, be preferred before any other ; because men are presumed to be more inclined by nature to advance their own children than the children of other men ; and of their own, rather a male than a female ; because men are naturally fitter than women for actions of labour and danger. Thirdly, where his own issue faileth, rather a brother than a stranger ; and so still the rearer in blood, rather than the more remote ; because it is always presumed that the nearer of kin is the nearer in affection ; and it is evident that a man receives always, by reflection, the most honour from the greatness of his nearest kindred. But if it be lawful for a monarcli lo dispose of the suecession by words of contract, or testament, men may perhaps objecf a great inconvenience ; for DOMINION PATERNAL, ETC. 95 he may sell, or give his right of governing to a stranger ; which, because strangers, that is, men not used to live under tlie same government, nor 'speaking the same language, do commonly undervalue one another, may turn to (he oppression of his subjects ; which is indeed a great incon- venience : but it proceedeth not necessarily from the sulijection to a stianger's government, but from the unskilfulness of the governors, ignorant of the true rules of politics. And therefore tlie Romans when they had subdued many nations, to make their government digestible, were wont to take away that grievance, as much as they thought necessary, by giving sometimes to whole nations, and sometimes to principal men of every nation they conquered, not only the privileges, but also the name of Romans ; and took many of them into the senate, and offices of charge, even in the Roman city. And this was it our most wise king, king James, aimed at, in endeavouring the union of his two realms of England and Scotland, which if he could have obtained, had in all likelihood prevented the civil wars, which make both those kingdoms, at this present, miserable. It is not tlierefove anjf injury to the people for a monarch to dispose of the suc- cession by will ; though by the fault of many princes, it hath been some- times found inconvenient. Of the lawfulness of it, this also is an argument, that whatsoever inconvenience can arrive by giving a kingdom to a stranger, may arrive also by so marrying with strangers, as the right of succession may descend upon them : yet this by all men is accounted lawful. CHAPTER XX. Of Dominion Paternal^ and Despotical. A COMMONWEALTH "by acquisition," is that, where the sovereign power is acquired by force ; and it i; acquired by force when men singly, ormany together by plurality of voices, for fear of death, or bonds do authorize all the actions of that man, or assembly, that hath their lives and liberty in his power. And this kind of dominion, or sovereignty, differeth from sovereignty by institution only in this, that men who choose their sovereign do it for fear of j one another, and not of him whom they institute : but in this case, they Isubject themselves to him they are afraid of. In both_cases they do it for ^eftr ijvhich is to be noted by them that hold all sucIT covenants as proceed from fear of death or violenee, void : whicli if it were true, no man, in any kind of commonwealth, could be obliged to obedience. It is true, that in a commonwealth once instituted, or acquired, promises proceeding from fear of death or violence, are no covenants, nor obliging, when the thing promised is contrary to the laws ; but the reason is not because it was made upon fear, but because he that promiseth hath no right in the thing piomised. Also, when he may lawfully perform, and doth not, it is not the invalidity of the covenant that absolveth him, but the sentence of the sovereign. Otherwise, whensoever a man lawfully promiseth, he unlawfully brcaketh : but when the sovereign, who is the actor, acquitteth him, then he is acquitted by him that extorted the promise, as by the author of such ' absolution. , ' I But the rights and consequences of sovereignty, are the same in botnTt I His power cannot, without his consent, be transferred to another ; he cannot forfeit it : he cannot be accused by any of his subjects of injury : he cannot , -be punished by them ; he is judge of what is necessary for peace ; and 96 OF COMMONWEALTH, judge of doctrines: he is sole legislator; and supreme judge of contro-j versies ; and of the times, and occasions of war, and peace : to him it be-l longeth to choose magistrates, counsellors, commanders, and all other officers and ministers ; and to determine of rewards and punishments, honour, and order. The reasons whereof, are the same which are alleged in the precedent chapter, for the same rights and consequences of sovereignty by institution. Dominion is acquired two ways ; by gengaiifln and by coa^uest. The right of dominion by generation is that, wMch the parentnath over his children, and is called "paternal." And is not so derived from the generation, as if therefore the parent had dominion over his child because he begat him; but from the child's consent, either express, or by other sufficient arguments declared. For as to tlie generation, God hath ordained to man a helper ; and there be always two that are equally parents ; the dominion therefore over the child should belong equally to both ; and he be equally subject to both, which is impossible, for no man can obey two masters. And whereas some have attributed the dominion to the man only, as being of the more excellerit sex ; they misreckon in it. For there is not always that difference of strength or prudence between the man and the woman, as that the right can be determined without war. ^ In common- wealths, this controversy is decided by the civil law ; and for the most part, but not always, the sentence is in favour of the father ; because for the most part commonwealths have been erected by the fathers, not by the mothers of families. But the question lieth now in the state of mere nature ; where there are supposed no laws of matrimony ; no laws for the education of children ; but the law of Nature, and the natural inclination of the sexes, one to another, and to their children. In this condition of mere nature, either the parents between themselves dispose of the dominion over the child by contract ; or do not dispose thereof at all. If they dispose thereof, the right passeth according to the contract. We find in history that the Amazons contracted with the men of the neighbouring countries, to whom they had recourse for issue, that the issue male should be sent back, but the female remain with themselves : so that the dominion of the females was in the mother. If there be no contract, the dominion is in the mother. For in the con- dition of mere nature, where there are no matrimonial laws, it cannot be known who is the father, unless it be declared by the mother : and there- fore the right of dominion over the child dependeth on her will, and is consequently hers. Again, seeing the infant is first in the power of the mother, so as she may either nourish or expose it ; if she nourish it, it oweth its life to the mother ; and is therefore obliged to obey her, rather than any other ; and by consequence the dominion over it is hers. But if she expose it, and another find and nourish it, the dominion is in him that nourisheth it. For it ought to obey him by whom it is preserved ; because preservation of life being the end, for which one man becomes subject to another, every man is supposed to promise obedience to him, in whose power it is to save, or destroy him. If the mother be the father's subject, the child is in the father's power: and if the father be the mother's subject, as when a sovereign queen marrieth one of her subjects, the child is subject to the mother; because the father also is her subject. If a man and woman, monarchs of two several kingdoms, have a child, and contract concerning who shall have the dominion of him, the right of the dominion passeth by the contract. If they contract not, the dominion followeth the dominion of the place of his residence. For the soverei- '~ ui each country hath dominion over all that reside therein. DOMINION PATERNAL, ETC. 9? Me that hath the dominion over the child, hath dominion also over the children of the child ; and over their children's children. For he that hath dominion over the person of a man, hath dominion over all that is his ; without whicli, dominion were but a title, without the effect. The right of succession to paternal dominion, proceedeth in the same manner as doth the right of succession of monarchy ; of which I have already sufficiently spoken in the precedent chapter. Dominion acquired by conquest, or victory in war, is that which some writers call " despotical," from Aeffiririjs, which signifieth a " lord," or "master;" and is the dominion of the master over his servant. And this dominion is then acquired to the victor, when the vanquished, to a.void the r''°'ifTit 'jfrnl^y nf rjfnfjij t'fypiTgntath either in express words,' or by other sufficient signs of the will, that so long as his life and the liberty of his body is allowed him, the victor shall have the use thereof, at his pleasure. And after such covenant made, the vanquished is a "servant," and not before: for by the word "servant," whether it be derived from servire, to serve, or from servare, to save, which I leave to grammarians to dispute, is not meant a captive, which is kept in prison or bonds, till the owner of hira that took him, or bought him of one that did, shall consider what to do \vith him : for such men, commonly called slaves, have no obligation at all ; but may break their bonds or the prison ; and kill, 01 carry away captive their master, justly : but one, that being taken, hath corporal liberty allowed him ; and upon promise not to run away, nor to do violence to his master, is trusted by him. It is not th erefore the victory that giveth the right of dominion over the vanquTshed^TiUt his own covenant.' Nor IsTie obliged because he is con- quered ; that is to sa^^eaten and taken, or put to flight ; but because he Cometh in and submitteth to the victor ; nor is the victor obliged by an enemy's rendering himself without promise of life, to spare him for this his yielding to discretion, which obliges not the victor longer than in his own discretion he shall think fit. And that which men do when they demand, as it is now called, "quarter," which the Greeks called Z&iy/jia, "taking alive," is to evade the present fury of the victor by submission, and to compound for their life with ransom, or service ; and therefore he that hath quarter, hath not his life given, but deferred till farther deliberation ; for it is not a yielding on condition of life, but to discretion. And then only is his life in security, and his service due, when the victor hath trusted him with his corporal liberty. For slaves that work in prisons, or fetters, do it not of duty, but to avoid the cruelty of their taskmasters. The master of the servant is master also of all he hath, and may exact the use thereof, that is to say, of his goods, of his labour, of his servants, and of his children, so often as he shall tliink fit. For lie holdeth his life of his master by the covenant of obedience ; that is, of owning and authorizing whatsoever the master shall do. And in case the master, if he refuse, kill him, or cast him into bonds, or otherwise punish him for his disobedience, he is himself the author of the same, and cannot accuse him of injury. In sum, the rights and consequences of both "paternal" and "despoti- cal" dominion, are the very same with those of a sovereign by institution ; and for the same reasons : which reasons ar» set down in the precedent chapter. So that for a man that is monarch of divers nations, whereof he hath in one the sovereignty by institution of the people assembled, and in another by conquest, that is by the submission of each particular, to avoid death or bonds ; to demand of one nation more than of the other fcoin the title of conquest, as being a conquered nation, is an act of D 98 OF COMMONWEALTH. ignorance of the rights of sovereignty ; for the sovereign is absolute over both alike, or else there is no sovereignty at all; and so every man may lawfully protect himself, if he can, with his own sword, which is the con- dition of vpar. By this it appears that a great family, if it be not part of some common- wealth, is of itself, as to the rights of sovereignty, a little monarchy ; whether that family consist of a man and his children, or of a man and his servants ; or of a man, and his children and servants together, wherein the father or master is the sovereign. But yet a family is not properly a com- monwealth, unless it be of that power by its ovm number, or by other opportunities, as not to be subdued without the hazard of war. For where a number of men are manifestly too weak to defend themselves united, every one may use his own reason in time of danger to save his own life, either by flight or by submission to the enemy, as he shall think best ; in the saine manner as a very small company of soldiers, surprised by an army, may cast down their arms and demand quarter, or run away, rather than be put to the sword. And thus much shall suffice concerning what I find by speculation, and deduction of sovereign rights, from the nature, need, and , designs of men, in erecting of commonwealths, and putting themselves under monarchs, or assemblies entrusted with power enough for their 1? protection, .(.'■""■'^l.et us now consider what the Scripture teacheth in the same point. To ^' ^Moses, the children of Israel say thus : " Speak thou to us, and we will [ hear thee ; but let not God speak to us, lest we die" (Exod, xx. 19). This ^. >, is absolute obedience to Moses. Concerning the right of kings, God Him- \ self by the mouth of Samuel, saith (i Sam. viii. 1 1, iz, &c.) : " This shall be , ^ the right of the king you will have to reign over you. He shall take your sons, and set them to drive his chariots, and to be his horsemen, and to run Y before his chariots j and gather in his harvest ; and to make his engines of c war, and instruments of his chariots ; and shall take your daughters to '' make perfumes, to be his cooks, and bakers. He shall take your fields, your vineyards, and your olive yards, and give them to his servants. He shall take the tithe of your corn and wine, and give it to the men of his chamber, and to his other servants. He shall take your manservants and your maidservants, and the choice of your youth, and employ them in his business. He shall take the tithe of your flocks, and you shall be his ser- vants." This is absolute power, and summed up in the last words, " you shall be his servants." Again, when the people heai-d what power their king was to have, yet they consented thereto, and say thus (verse 10) : " We will be as all other nations, and our king shall judge our causes, and go before us, to conduct our wars." Here is confirmed the right that sovereigns have both to tlie "militia" and to all "judicature;" in which is contained as absolute power as one man can possibly transfer to another. Again, the prayer of king Solomon to God was this (I Kings iii. 9): "Give to tliy and therefore in him is the legislative power. Saul sought the life of David ; yet when it was in his power to slay Saul, and his servants would have done it, David forbad them, saying (i Sam. xxiv. 6) : "God forbid I should do such an act against my lord, the anointed of God." For obedience of servants St. Paul saith (Col. iii. 22) ! " Servants obey your masters in all things ; " and (Col. iii. 20) : " Children obey your parents in all things." There is simple obedience in those that are subject to paternal or despotical dominion. Again (Malt, xxiii. 2, 3) : " The Scribes and Pharisees sit in Moses' chair, and therefore all that they shall bid you DOMINION PATERNAL, ETC. 99 observe, that observe and do. " There again is simple obedience, And St. Paul (Titus iiL 2) : " Warn them that they subject themselves to princes, and to those that are in authority, and obey them." This obe- dience is also simple. Lastly, our Saviour Himself acknowledges, that men ought to pay such taxes as are by kings imposed, where he says, " Give to Csesar that which is Csesar's ; " and paid such taxes Himself. And that the king's word is sufficient to take anything from any subject, when there is need ; and that the king is judge of that need, for He Himself, as king of the Jews, commanded His disciples to take the ass, and ass's colt, to carry Him into Jerusalem, saying (Matt. xxi. 2, 3) : "Go into the village over against you, and you shall find a she-ass tied, and her colt with her ; untie them, and bring them to me. And if any man ask you what you mean by it, say the Lord hath need of them : and they will let them go." They will not ask whether His necessity be a sufficient title ; nor whether He be judge of that necessity ; but acquiesce in the will of the Lord. To these places may be added also that of Genesis (iii. 5): "Ye shall be as gods, knowing good and evil," And (verse II) : "Who told thee that thou wast naked? hast thou eaten of the tree, of which I commanded thee thou shouldest not eat ? " For the cognizance or judicature of "good " and " evil," being forbidden by the name of the firuit of the tree of knowledge, as a trial of Adam's obedience ; the devil to inflame the ambition of the w Oman, to whom that fruit already seemed beautiful, told her that by tasting it they should be as gods, knowing "good" and "evil." Whereupon having both eaten, they did indeed take upon them God's office, which is judicature of good and evil ; but acquired no new ability to distinguish between them aright. And whereas it is said, that having eaten, they saw they were naked ; no man hath so interpreted that place, as if they had been formerly blind, and saw not their own skins: the meaning is plain, that it was then they first judged their nakedness, wherein it was 'God's will to create them, to be uncomely ; and by being ashamed, did tacitly censure God Himself. And thereupon God saith: "Hast thou eaten, &c.," as if He should say, doest thou that owest me obedience, take upon thee to judge of my commandments ? Whereby it is clearly, though allegorically, signified that the commands of them that have the right to command; are jjot by their subjects to be censured noi; disputed. So that it appeareth plainly, to my understanding, both from reason and Scripture, that the sovereign power, whether placed in one man, as in monarchy, or in one assembly of men, as in popular and aristocratical commonwealths, is as great as possibly men can be imagined to make it. And though of so unlimited a power, men may fancy many evil con- sequences, yet the consequences of the want of it, which is perpetual war of every man against his neighbour, are much woi-se. The condition of man in this life shall never be without inconveniences | but there happeneth in no commonwealth any great inconvenience but what proceeds from the subject's disobedience, and breach of those covenants, from which the common- wealth has its being. And whosoever thinking sovereign power too great, will seek to make it less, must subject himself to the power that can limit it ; that is to say, to a greater. The greatest objection is, that of the practice ; when men ask where and when such power has by subjects been acknowledged. But one may ask them again, when or where has there been a kingdom long free from sedition and civil war. In those nations whose commonwealths have been long-lived, and not being destroyed but by foreign war, the subjects never did dispute of the sovereign power. But howsoever, an argument from the practice of men, that have not sifted to the bottom, and with exact reason D2 100 OF COMMONWEALTH. weighed tlie causes and natare of commonwealths, and suffer daily those miseries that proceed from the ignorance thereof, is invalid. For though in all places of the world men should lay the foundation of their houses on the sand, it could not thence be inferred that so it ought to be. The skill of making and maintaining commonwealths, consisteth in certain rules, as doth arithmetic and geometry; not, as tennis-play, on practice only : lyhich rules neither poor men have the leisure, nor men that have had the leisure, have hitherto had the curiosity, or the method to find out. CHAPTER XXI Of the Liberty of Subjects. Liberty, or " freedom," signifieth, properly, the absence of oppo- sition ; by opposition, I mean external impediments of motion ; and may be applied no less to irrational and inanimate creatures than to rational. For ■whatsoever is so tied, or environed, as it cannot move but within a certain space, which space is determined by the opposition of some external body, ■we say it hath not liberty to go further. And so of all living creatures whilst they are imprisoned, or restrained, with walls or chains ; and of the water whilst it is kept in by banks or vessels, that otherwise would spread itself into a larger space, we use to say, they are not at liberty to liiove in such manner, as without those external impediments they would. But when the impediment of motion is in the constitution of the thing itself, we use hot to say, it wants the liberty, but the power to move ; as when a stone lieth still, or a man is fastened to his bed by sickness. And according to this proper and generally received meaning of the word, a "freeman, is he, that in those things, which by his strength and wit he is able to do, is not hindered to do what he has a will to. " But when the words "free," and "liberty," are applied to anything but " bodies," they are abused ; for that which is not subject to motion, is not subject to impediment ; and therefore, when it is said for example, the way s free, no liberty of the way is signified, but of those that walk in it without stop. And when we say a gift is free, there is not meant any liberty of the gift, but of the giver, that was not bound by any law or covenant to give it. So when we " speak freely," it is not the liberty of voice, or pronun- ciation, but of the man, whom no law hath obliged to speak otherwise than he did. Lastly, from the use of tlie word "free-will," no liberty can be inferred of the will, desire, or inclination, but the liberty of the man ; which consisteth in this, that he finds no stop, in doing what he has the will, desire, or inclination to do. Fear and liberty are consistent ; as when a man throweth his goods into the sea for " fear " the ship should sink, he doth it nevevthele'is very willingly, and may refuse to do it if he will : it is therefore the action of one that was " free ;" so a man sometimes pays his debt, only for " fear " of imprisonment, which because nobody hindered him from detaining, was the action of a man at "liberty." And generally all actions which men do in commonwealths, for " fear " of the law, are actions which the doers had " liberty " to omit. " Liberty " and " necessity " are consistent, as in the water that hath not only " liberty," but a "necessity " of descending by the channel ; so like- wise in the actions which men voluntarily do : which, because they proceed from their will, proceed from "hberty;" and yet, because every act cf OF THE LIBERTY OF SUBJECTS. ^ ^- ipi man's will, and every desire and inclinajion proceedetHTftom sonVe cause, and that from another cause, in a continual chain, whose first link is in the hand of God the first of all causes, proceed from " necessity." So that to him that could see the connection of those causes, the "necessity" of all men's voluntary aclion-i would appear manifest. And therefore God, that seelh and disposeth all things, seelh also that the " liberty " of man \ in-doing what he will, is accompanied with the "necessity " of doing that which God will, and no more nor less. For though men may do many J things which God does not command, nor is therefore author of them; \ yet they can have no passion, nor appetite to anything, of which appetite i God's will is not the cause. And did not His will assure the " necessity" pf jf man's will, and consequently of all that on man's will dependeth, the (f "liberty" of men would 'be u contradiction, and impediment to ihe^ omnipotence and " liberty " of God. And this shall suffice, as to the matter in hand, of that natural "liberty," which only is properly called "liberty." But as men, for the attaining of peace, and conservation of themselves thereby, have made an artificial man, which we call a commonwealth ; so also have they made artificial chains, called " civil laws," which they them- selves, by mutual covenants, have fastened at one end, to the lips of that man, or assembly, to whom they have given the sovereign power ; and at the other end to their own ears. These bonds, in their own nature but weak, may nevertheless be made to hold, by the danger, though not by the difficulty of breaking them. In relation to these bonds only it is, that I am to speak now, of the "liberty" of "subjects." For seeing there is no commonwealth in the world, wherein there be rules enough set down for the regulating of all the actions and words of men, as being the effects of it also be the same. For as amongst masterless men there is perpetual war, of every man against his neighbour ; no inheritance, to trans- mit to the son, nor to expect from the father ; no propriety of goods, or lands ; no security ; but a full and absolute liberty in every particular man : so in states and commonwealths not dependent on one another, every commonwealth, not every man, has an absolute liberty to do what it shall judge, that is to say, what that man, or assembly that represgnteth" it, shall judge most conducing to their benefit. But withal, they live in the con. dition of a pepetual war, and upon the confines of battle, with their frontiers armed, and cannons planted against their neighbours round about. The Athenians and Romans were free ; that is, free commonwealtlis : not that any particular men had the liberty to resist their own representative ; but that their representative had the liberty to resist, or invade other people. There is written on the turrets of the city of Lucca, in great characters, at this day, the word " Libertas ;" yet no man can thence infer, that a par- ticular man has more liberty, or immunity from the service of the common- wealth there, than in Constantinople. Whether a. commonwealth be monarchical, or popular, the freedom is still the same. But it is an easy thing for men to be deceived by the specious name of liberty ; and for want of judgment to distinguish, mistake that for their private inheritance and birthright, which is the right of the public only. And when the same error is confirmed by the authority of men in reputation for their writings on this subject, it is no wonder if it produce sedition, and change of government. In these western parts of the world, we are madf to receive our opinions concerning the institution and rights of common- wealths, from Aristotle, Cicero, and other men, Greeks and Romans, that living under popular states, derived tiiose rights, not from the principles of Nature, but transcribed them into their books, out of the practice of iheit own commonwealths, which were popular ; as 'the grammarians describe the rules of language out of the practice of the time ; or the rules of-poetry out of the poems of Homer and Virgil. And because the Athenians were taught to keep them from desire of changing their government, that they were free men, and all that lived under monarchy were slaves ; therefore Aristotle OF THE LIBERTY OF SUBJECTS. 103 put it down in his " Politics " (lib. 6, cap. ii.) : "In democracy, ' liberty'' is to be supposed : for it is commonly held, that no man is 'free' in any other government." And as Aristotle, so Cicero and other writers have grounded their civil doctrine on the opinions of the Romans, who were taught to hate monarchy, at first, by them that having deposed their sovereign, shared amongst them the sovereignty of Rome ; and afterwards by their successors. And by reading of these Greek and Latin authors, men from their childhood have gotten a habit, under a false show of liberty, of favouring tumults, and of licentious controlling the actions of their sovereigns, and again of controlling those controllers ; with the effusion of so much blood, as I think I may truly say, there was never anything so dearly bought as these western parts have bought the learning of the Greek and Latin tongues. , To come now to the particulars of the true liberty of a subject ; that is to say, what are the things, which though commanded by the sovereign, he may nevertheless, without injustice, refuse to do ; we are to consider what rights we pass away, when we malie a commonwealth ; or, which is all one, what liberty- we deny ourselves, by owning all the actions, without exception, of the" man, or assembly, we make our sovereign. For in the act of our "submission," consisteth both our "obligation," and our " liberty ; " which must therefore be inferred by arguments taken from thence ; there being no obligation on any man, which ariseth not from some act of his own ; for all men equally, are by Nature free. And because such arguments must either be drawn from the express words, I "authorize all his actions," or from the intention of him that submitteth himself to his power, whicli intention is to be understood by the end for which he so submitteth ; the obligation and liberty of the subject, is to be derived, either from those words, or others equivalent ; or else from the end of the institution of sovereignty, namely, the peace of the subjects within themselves, and their defence against a common enemy. First therefore, seeing sovereignty by institution, is by covenant of every one to every one ; and sovereignty by acquisition, by covenants of the van- quished to the victor, or child to the parent ; it is manifest, that every subj ect has liberty in all those thin g s, the right wh ereof cannot bjTcS^lnant be transterreci. 1 have shown before in~?he I4t'h chapter, that covenants, not to defend a: man's own body, are void. Tlierefore, If the sovereign command a man, though justly condemned, to kill, wound, or maim himself ; or not to resist these that assault him ; or to abstain from the use of food, air, medicine, or any other things without which he cannot live ; yet hatlr that man the liberty to disobey. If a man be interrogated by the sovereign, or his authority, concerning a crime done by himself, he is not bound, without assurance of pardon, to confess it ; because Dojnau; as I have shown in the same chapter, can-be o bliged te.cgveBanf .to accuse hims elf. Again,Tfie''conSSht'ol"a subject to sovereign power, is contained in these words, " I authorize, or take upon me, all his actions ; " in which there is no restriction at all, of his own former natural liberty : for by allowing him to "kill me," I am not bound to kill myself when he commands me. It is one thing to say, "kill me, or my fellow, if you please;" another thing to say, " I will kill myself, or my fellow." It foUoweth therefore, that No man is bound by the words themselves, either to kill himself, or any ' other man ; and consequently, that the obligation a man may sometimes have, upon the command of the sovereign to execute any dangerous or dishonourable office, dependeth not on the words of our submission ; but on the intention, which is to be understood by the . end thereof. 104 OF COMMONWEALTH. When therefore our refusal to obey, frustrates the end for whlcii the I sovereignty was ordained ; then there is no liberty to refuse : otherwise there is. Upon this ground, a man that is commanded as a soldier to fight against the enemy, though liis sovereign have right enough to punish his refusal with death, may nevertheless in many cases refuse, without inju!^tice ; as V when he substituteth a sufficient soldier in his place : for in this case he de- serteth not the service of the commonwealth. And there is allowance tp be made for natural timorousness ; not only to women, of whom no such dangerous duty is expected, but also to men of feminine courage. When armies fight, there is on one side, or both, a running away ; yet when they do it not out of treachery, but fear, they are not esteemed to do it unjustly, but dishonourably. For the same reason, to avoid battle, is not injustice, but cowardice. But he that enioUeth himself a soldier, or taketh impressed money, taketh away the excuse of = timorous nature ; and is obliged, not only to go to the battle, but also not to run from it, without his captain's leave. And when the defence of the commonwealth requireth at once the help of all that are able to bear arms, every one is obliged ; because other- wise the institution of the commonwealth, which lliey have not the purpose or courage to preserve, was in vain. To resist the sword of the commonwealth in defence of another man, "guilty or innocent, no man hath liberty ; because such liberty takes away from the sovereign the means of protecting us ; and is therefore destructive of the very essence of government. But in case a great many men together have already resisted the sovereign power unjustly, or committed some capital crime for which every one of them expecteth death, whether have they not the liberty then to join together, and assist and defend one another? Certainly they have ; for they but defend their lives, which the guilty man may as well do as the innocent. There was indeed injustice in the first breach of their duty ; their bearing of arms subsequent to it, though it be to maintain what they have done, is no new unjust act. And if it be only to defend their persons, it is not unjust at all. But the offer of pardon taketh from them to whom it is offered the plea of self-defence, and maketh their perseverance in assisting or defending the rest unlawful. , , As for other liberties, they depend on the silence of the law. In cases where the sovereign has prescribed no rale, there the subject hath the liberty to do, or forbear, according to his own discretion. And therefore such liberty is in some places more, and in some less ; and in some times more, in other times less, according as they that have the sovereignty shall think most convenient. As for example, there was a time when, in England, u man might enter into his own land, and dispossess such as wrongfully possessed it, by force. But in aftertimes, that liberty of forcible entry was taken away by a statute made by the king in parlia- ( I ment. And in some places of the world, men have the liberty of many wives ; in other places such liberty is not allowed. If a subject have a controversy with his sovereign, of debt, or of right of possession of lands or goods, or concerning any service required at his hands, or concerning any penalty, corporal or pecuniary, grounded on a precedent law ; he hath the same liberty to sue for his right as if it were agaiiiat a subject, and before such judges as are appointed by the sovereign. For seeing the sovereign demandeth by force of a former law, and not by virtue of his power ; he declareth thereby that he requireth no more than shall appear to be due by that law. The suit therefore is not contrary to the will of the sovereign ; and consequently the subject hath the liberty to demand the hearing of his cause ; and sentence, according to that law. But if he demand, or take anything by pretence of his power there lieth, OF THE LIBERTY OF SUBJECTS. 105 in that case, no action of law ; for all that is done by him in virtue-oUiis Eower, is done by the authonty^££.very._suhject, and consequently he that liiigs an actioir^^ttlgt the" sovereign, brings it against himself. If a monarch, or sovereign assembly, grant a liberty to all or any of his subjects, which grant standing, he is disabled to provide for their safety, the grant is void, unless he directly renounce or transfer the sovereignty to another. For in that he might openly, if it had been his will, and in plain terms, have renounced or transferred it, and did not ; it is to be understood it was not his will, but that the grant proceeded from ignorance of the repugnancy between such a liberty and the sovereign power, and therefore the sovereignty is still retained ; and consequently all those powers, which are necessary to the exercising thereof ; such as are the power of war and peace, of judicature, of appointing officers and councillors, of levying money, and the rest named in the l8th chapter. The obligation of subjects to the sovereign is understood to last as long, '' and no longer, than the power lasteth by which he is able to protect them. I'or the right men have by nature to protect themselves, when none else can protect them, can by no covenant be relinquished. The sovereignty is the soul of the commonwealth, which once departed from the body, the members do no more receive their motion from it. The end of obedience is protection, which, wheresoever a man seeth it, either in his own or in another's sword, nature applieth his obedience to it, and his endeavour to maintain it. And though sovereignty, in the intention of them that make it, be immortal, yet is it in its own nature not only subject to violent death by foreign war, but also, through the ignorance and passions of men, it hath in it, from the very institution, many seeds of a natural mortality, by intestine discord. If a subject be taken prisoner in war, or his person, or his means of life be within the guards of the enemy, and hath his life and corporal liberty given him on condition to be subject to the victor, he hath liberty to accept the condition ; and having accepted it, is the subject of him that took him, because he had no other way to preserve himself. The case is the same, if | he be detained on the same terms, in a foreign country. But if a man be held in prison, or bonds, or is not trusted with the liberty of his body, he cannot be understood to be bound by covenant to subjection ; and therefore may, if he can, make his escape by any means whatsoever. If a monarch shall relinquish the sovereignty, both for himself and his heirs, his subjects return to the absolute libert of rature ; bf tause, though nature may declare who are his sons, and who are the nearest of his kin, yet it dependeth on his own will, as hatli been said in tlie precedent chapter, who shall be his heir. If therefore he will have no heir, there is nd sovereignly, nor subjection. The case is tlie same if he die without known kindred, and without declaration of his heir. For then there can no heir be known, and consequently no subjection be due. If the sovereign banish his subject, during the banishment he is not sub- ject. But he that is sent on a message, or hath leave to travel, is still subject ; but it is, by contract between sovereigns, not by virtue of tlie covenant of subjection. For whosoever entereth into another's dominion, is subject to all the laws thereof, unless he have a privilege by the amity of the sovereigns, or by special license. If a monarch subdued by war render himself subject to the victor, his subjects are delivered from their former obligation, and become obhged to the victor. But if he be held prisoner, or have not the liberty of his own body, he is not understood to have given away the right of sovereignty ; and therefore his subjects are obliged to yield obedience to the magistrates formerly placed, governing not in their own name, but in his, for, his io6 OF COMMONWEALTH. light remaining, the question is only of the administration ; that is to say, of the magistrates and officers, which, i£ we have not means to name, he is supposed to approve those which he himself had formerly appointed. CHAPTER XXII. Of Systems Subject, Political, and Private. Having spoken of the generation, form, and power of a commonwealth, I am in order to speak next of the parts thereof. And first of systems which resemble the similar parts, or muscles of a body natural. By "systems, "I imderstand any numbers of men joined in one interest, or one business. Of which, some are "regular," and some "irregular." "Regular" are those where one man, or assembly of men, is constituted representative of the whole number. All other are " irregular." Of regular some are " absolute " and "independent,' subject to none but their own representative : such are only commonwealths ; of which I liave spoken already in the five last precedent chapters. Others are dependent ; tliat is to say, subordinate to some sovereign power, to which every one, as also their representative is " subject." Of systems subordinate, some are "political," and some "private." " Political,'' otherwise called "bodies politic," and " persons in law," are those which are made by authority from the sovereign power of the common- wealth. " Private," are those which are 'constituted by subjects amongst themselves, or by authority from a stranger. For no authority derived from foreign power within the dominion of another, is public there, but private. And of private systems, some are "lawful:" some "unlawful." "Lawful," are those /frhich are allowed by the commonwealth: all other are "unlawful." " trregular " systems are those which having no repre- sentative, consist only in concourse of people J which ^if not forbidden by the commonwealth, nor made on evil design, •such as are conflux of people to markets, or shows, or any other harmless end, are lawhil. . But when the intention is evil, or (if the number be considerable) unknown, they are un- lawful. In bodies politic, the power of the representative is always limited : and that which prescribeth the limits thereof, is the power sovereign. For power unlimited is absolute sovereignty. And the sovereign in every common- wealth is the absolute representative of all the subjects ; and therefore no other can be representative of any part of them, but so far forth as he shall give leave. And to give leave to a body politic of subjects, to have an absolute representative to all intents and purposes, were to abandon the government of so much of the commonwealth, and to divide the dominion contrary to their peace and defence ; which the sovereign cannot be under- stood to do by any grant that does not plainly and directly discharge them of their subjection. For consequences of words, are not the signs of his will, when other consequences are signs of the contrary ; bnt rather signs of error and misreckoning ; to which all mankind is too prone. The bounds of that power, which is given to the representative of a body politic, are to be taken notice of from two things. One is their writ, or letters from the sovereign : the other is the law of the commonwealth. For though in the institution or acquisition of a commonwealth, which is independent, there needs no writing, because the power of the representative has there no other bounds, but sue!} as ^re set out by the unwritten law of SYSTEMS SUByECT, POLITICAL, EiTC. 107 Nature ; yet in subordinate bodies, there are such diversities of limitation necessary concerning their businesses, times, and pkces, as can neither be remembered without letters, nor taken notice of, unless such letters be patent, that they may be read to them, and withal sealed, or testified, with the seals, or other permanent signs of the authority sovereign. And "because such limitation is not always easy, or perhaps possible to be described in writing ; the ordinary laws, common to all subjects, must determine what the representative may lawfully do in all cases where the letters themselves are silent. And therefore. In a body politic, if the representative be one man, whatsoever he does in the person of the body which is not warranted in his letters, nor by the laws, is his own act, and not the act of the body, nor of any other member thereof besides himself ; because further than his letters, or the law's limit, he representeth no man's person, but his own. But what he does according to these is the act of every one : for the act of the sovereign every one is author, because he is their representative unlimited ; and the act of him that recedes not from the letters of the sovereign, is the act of the sovereign, and therefore every member of the body is author of it. But if the repsesentative be an assembly, whatsoever that assembly shall decree, not warranted by their letters or the laws, is the act of the assembly or body politic, and the act of every one by whose vote the decree was made ; but not the act of any man that being present voted to the contrary ; nor of any man absent, unless he voted it by procuration. It is the act of the assembly, because voted by the major part ; and if it be a crime, the assembly may be punished, as far- forth as it is capable, as by dissolution or forfeiture of their letters (which is to such artificial and fictitious bodies capital), or, if the assembly have a common stock, wherein none of the innocent members have propriety, by pecuniary mulct. For from corporal penalties Nature hath' exempted all bodies politic. But they that gave not their vote are therefore innocent, because the assembly cannot represent any man in things unwarranted by their letters, and consequently are not involved in their votes. If the person of the body politic, being in one man, borrow money of a stranger, that is, of one that is not of the same body (for no letters need limit borrowing, seeing it is left to men's own inclinations to limit lending), the debt is the representative's. For if he should have authority from his letters to make the members pay what he borroweth, he should have by consequence the sovereignty of them ; and therefore the grant were either void, as proceeding from error, commonly incident to human nahire, and an insufficient sign of the will of the granter ; or if it be avowed by him, then is the representer sovereign, and ifalleth not under the present question, which is only of bodies subordinate. No member therefore is obliged to pay the debt so borrowed, but the representative himself; because he that lendeth it, being a stranger to the letters and to the qualification of the body, understandeth those only for his debtors that are engaged ; and seeing the representer can engage himself and none else, has him only for debtor, who must therefore pay him out of the common stock, if there be any, or, if there be none, out of his own estate. If he come into debt by contract 6p>inulct, the case is the same. But when the representative is an asSemBly, and the debt to a stranger, all they, and only they, are responsible for the debt that gave their votes to the borrowing of it, or to the contract that made it due, or to the fact for which the mulct was imposed ; because every one in voting did engage himself for the payment ; for he that is author of the borrowing is obliged to the payment, even of the whole debt, though when paid by any one, he be discharged. loS OF COMMONWEALTH. But if the debt be to one of the assembly, the assembly only is obliged to the payment out of their common stock, if they have any ; for having liberty of vote, if lie vote the money shall be borrowed, he votes it shall be paid ; if he vote it shall not be borrowed, or be absent, yet because in lending he voteth the borrowing, he contradictelh his former vote, and is obli^^ed by the latter, and becomes both borrower and lender, and consequently cannot deirtand payment from any particular man, but from the common trea- sure only ; which failing he hath no remedy nor complaint, but against himself, that being privy to the acts of the assembly, and to their means to pay, and not being enforced, did nevertheless through his owk folly lend his money. It is manifest by this, that in bodies politic subordinate, and subject to a sovereign power, it is sometimes not only lawful, but expedient, for a particular man to make open protestation against the decrees of the ■ representative assembly, and cause their dissent to be registered, or to take witness of it ; because otherwise they may be obliged to pay debts contracted, and be responsible for crimes committed by other men. But in a sovereign assembly, that liberty is taken away, both because lie that protesteth there denies their sovereignty ; and also because whatsoever is commanded by the sovereign power, is as to the subject, though not so always in the sight of God, justified by the command : for of such command every subject is the author. The variety of bodies politic, is almost infinite : for they are not only distinguished by the several affairs, for which they are constituted, wherein there is an unspeakable diversity ; but also by the times, places, and numbers, subject to many limitations. And as to their affairs, some are ordained JFor government ; as first, the government of a province, may- be committed to an assembly of men, wherein all resolutions shall depend on the votes of the major part ; and then this assembly is a body politic, and their power limited by commission. This word province signifies a charge, or care of busines-^, which he whose business it is, committeth to another man, to be administered for, and under him ; and therefore when in one commonwealth there be divers countries, that have their laws distinct one from another, or are far distant in place, the administration of the government being committed to divers persons, those countries where the sovereign is not resident, but governs by commission, are called provinces. But of the government of a province, by an assembly residing in the province itself, there be few examples. The Romans, who had the sovereignty of many provinces, yet governed them always by presidents and praetors ; and hot by assemblies, as they governed the city of Rome, and territories adjacent. In like manner, when there were colonies sent from England, to plant Virginia and Sommer Islands, though the govern- ments of them here were committed to assemblies in London, yet did those assemblies never commit the government under them to any assembly there, but did to each plantation send one governor. For though every man, where he can be present by nature, desires to participate of government ; yet where they cannot be present, they are by nature also inclined to commit the government of their common interest rather to a monarchical than a popular form of government : which is also evident in those men that have great private estates ; who when they are unwilling to take the pains of adminis'tering the business that belongs to them, choose rather to trust one servant, than an assembly either of their friends or servants. But howsoever it be in fact, yet we may suppose the government of a province or colony committed to an assembly : and when it is, that which in this place I liave to say, is this; that whatsoever debt is by that assembly contracted; or whatsoever unlawful act is decreed, is the act only of those that assented, and SYSTEMS SUBJECT, POLITICAL, ETC. 109 not of any that dissented, or were absent, for the reasons before alleged. Also that an assembly residing out of the bounds of that colony whereof they have the government, cannot execute any power over the persons or goods of any of the colony, to seize on them for debt, or other duty,. in any place without the colony itself, as having no jurisdiction, nor authority elsewhere, but are left to the remedy which the law of the place alloweth them. And though the assembly have right to impose a mulct upon any of their members that shall break the laws they make ; yet out of the colony itself, they have no right to execute the same. And that which is said here of the rights of an assembly, for the government of a province or a colony, is appliable also to an assembly for the government of a town, an university, or a college, or a church, or for any other government over the persons of men. And generally, in all bodies politic, if any particular member conceive himself injured by the body itself, the cognizance of his cause belongeth to the sovereign, and those the sovereign hath ordained for judges in such causes, or shall ordain for that particular cause ; and not to the body itself. For ^the whole body is in this case' his felIow-su^ect»- which in-a sovereign asjembbMs otherwise : for there, if the sovereign be not judge^ thougkinhis own cause,^ fftere tan be ho judge at alj. In a "BoSy' politic, for the well ordering of foreign traffic, the most com- modious representative is an assembly of all the members ; that is to say, such a one, as every one that adventureth his money, may be present at all the deliberations and resolutions of the body, if they will themselves. For proof whereof, we are to consider the end, for which men that are merchants, and may buy and sell, export and import their merchandize, according to their own discretions, do nevertheless bind themselves up in one corporation. It is true, there be few merchants, that with the merchandize they buy at home, can freight a ship, to export it ; or with that they buy abroad, to bring it home ; and have therefore need to join together in one society ; where every man may either participate of the gain, according to the pro- portion of his adventure ; or take his own, and sell what he transports, or imports, at such prices as he thinks fit. But this is no body politic, there being no common representative to oblige them to any other law than that which is common to all other subjects. The end of their incorporating, is to make their gain the greater ; which is done two ways ; by sole buying and sole selling, both at home and abroad. So that to grant to a company of merchants to be a corporation, or body politic, is to grant them a double pinaaopoly, whereof one is to be sole buyers ; another to be sole sellers. / For when there is a company incorporate for any particular foreign country, '.they only export the commodities vendible in that country ; which is sole [buying at home and sole selling abroad. For at home there is but one buyer and abroad but one that selleth : both which is gainful to the mer- chant, because thereby they buy at home at lower and sell abroad at higher - ra t es : an d- abroad there is but one buyer of foreign merchandize and but one that sells them at home ; both which again are gainful to the adven- turers. Of ^this dou ble monopoljr^ one part is disadvantageous to lie, people at home, the otE er TiT^ireigriers. Tor atTibme ^y fheTr sole exportation they set what price they^lease on the husbandry and handiworks of the people ; and by the sole importation, what price they please on all foreign com- modities the people have need of ; both which are ill for the people. On the contrary, by the sole selling of the native commodities abroad, and sole buying the foreign commodities upon the place, they raise the price of those, and abate the price of these, to the disadvantage of the foreigner ; for where but one selleth, the merchandize is the dearer ; and where but one no OF COMMONWEALTH. buyeth, the cheaper. Such corporations therefore are no other thail liionopoUes ; though they would be very profitable for a commonwealth, if being bound up into one body in foreign markets they were at liberty at home, every man to buy and sell at what price he could. The end of these bodies of merchants being not a common benefit to the whole body, which have in this case no common stock, but what is deducted out of the particular adventures, for building, buying, victualling and manning of ships, but the particular gain of eveiy adventurer, it is reason that every one be acquainted with the employment of his own ; that is, that every one be of the assembly, that shall have the power to order the same ; and be acquainted with their accounts. And therefore the representative of such a body must be an assembly, where every member of the body may be present at the consultations, if he will. If a body politic of merchants contract a debt to a stranger by the act of their representative assembly, every member is liable by himself for the whole. For a stranger can take no notice of their private laws, but con- sidereth them as so many particular men, obliged every one to the whole payment, till payment made by one disdhargeth all the rest : but if the debt be to one of the company, the creditor is debtor for the whole to himself, and cannot therefore demand his debt, but only from the common stock, if there be any. If the commonwealth impose a tax upon the body, it is understood to be laid upon every member proportionably to his particular adventure in the company. For there is in this case no other common stock, but what is made of their particular adventures. If a mulct be laid upon the body for some unlawful act, they only are .liable by whose votes the act was decreed, or by whose assistance it was executed ; for in none of the rest is there any other crime but being of the body ; which if a crime, because the body was ordained by the authority of the commonwealth, is not his. If one of the members be indebted to the body, he may be sued by the body ; but his goods cannot be taken, nor his person imprisoned by the authority of the body ; but only by authority of the commonwealth : for if they can do it by their own authority, they can by their own authority give judgment that the debt is due ; which is as much as to be judge in their own cause. Those bodies made for the government of men, or of traffic, be either perpetual, or for a time prescribed by writing. But there be bodies also whose times are limited, and that only by the nature of their business. For example, if a sovereign monarch, or a sovereign assembly, shall think fit to . give command to the towns, and other several parts of their territory, to send tohim their deputies, to inform him of the condition and necessities of the subjects, or to advise with him for the making of good laws, or for any other canse, as with one person representing the whole country, such deputies, having a place and time of meeting assigned them, are there, and at that time, a body politic, representing every subject of that dominion ; but it is only for such matters as shall be propounded unto them by that man, or assembly, that by the sovereign authority sent for them ; and when it shall be declared that nothing more shall be propounded, nor debated by them, the body is dissolved. For if they were the absolute representatives of the people, then were it the sovereign assembly ; and so there would be two sovereign assemblies, or two sovereigns, over the same people ; which can- ■ not consist with their peace. And therefore where there is once a sove- reignty, there can be no absolute representation of the people, but by it. And for the limits of how far such a body shall represent the whole people, they are set forth in the writing by which they were sent for. For the SYSTEMS SUByECT, POLITICAL, ETC. m people cannot choose their deputies to other intent than is in the writing directed to them from their sovereign expressed. ( P Aate bod ies regular and lawful, are those that are constituted without letter4'or other written authority, saving, the laws common to all other subjects, And because they be united in one person representative, they are held for regular ; such as are all families, in which the father or master ordereth the wliole family. For he obligeth his children and servants, as far as the law peimitteth, though not further, because none of them are bound to obedience m those actions, which the law hath forbidden to be done. In all other actions, during the time they are under domestic government, they are subject to their fathers and masters, as to their immediate sovereigns. For the father and master, being before the institution of commonwealth, absolute sovereigns in their own families, they lose afterward no mare of their authority than the law of the commonwealth taketh from them. Private bodies regular, but unlawful, are those that unite themselves into one person representative, without any public authority at all : such as are the corporations of beggars, thieves and gipsies, the better to order their trade of begging and stealing ; and the corporations of men, that by authority from any foreign person, unite themselves in another's dominion, for the easier propagation of doctrines, and for making a party against the power of the commonwealth. Irregular systems, in their nature but leagues, or sometimes mere con- course of people, witliout union to any particular design, not by obligation of one to another, but proceeding only from a similitude of wills and incli- nations, become lawful or unlawful according to the lawfulness or unlaw- fulness of every particular man's design therein : and his design is to be understood by the occasion. The leagues of subjects, because leagues are commonly made for mutual defence, are in a commonwealth, which is no more than a league of all the subjects together, for the most part unnecessary, and savour of unlawful design ; and are for that cause unlawful, and go commonly by the name of factions, or conspiracies. For a league being n connection of men by covenants, if there be no power given to any one man or assembly, as in the condition of mere nature, to compel them to performance, is so long only valid, as there ariseth no just cause of distrust: and therefore leagues between commonwealths, over whom there is no human power established, to keep them all in awe, are not only lawful, but also profitable for the lime they last. But leagues of the subjects of one and the same commonwealth, where every one may obtain his right by means of the sovereign power, are unnecessary to the maintaining of peace and justice, and, in case the design of them be evil or unknown to the commonwealth, imlawful. For all uniting -of stxen^JhLbjrprivatemenjja, iLfiw eyiUaU^ Uiifaipwn, dgtigSKWS-tfi. the pubUf;, aijij. Mtfjustly conced^ If the sovereign power be in a great assembly, and a number of men, part of the assembly, without authority consult apart, to contrive the guidance of the rest ; this is a faction, or conspiracy unlawfiU, as being a fraudulent seducing of the assembly for their particular interest. , But if he, whose private interest is to be debated and judged in the assembly, make as many friends as he can ; in him- it is no injustice ; because in this case he is no part of the assembly. And though he hire such friends with money, unless there be an express law against it, yet it is not injustice. For sometimes, as men's manners are, justice cannot be had without money ; and every man may think his own cause just, till it be heard and judged. In all commonwealths, if private meu entertain more servants than the government of his estate, and lawful employment he has for them requires, |t is faction, and unlawful. For having the protection of the common- 112 OF COMMONWEALTH. wealtli, he needeth not the defence of private force. And whereas in nations not thoroughly civilized, several numerous families have lived in continual hostility, and invaded one another with private force ; yet it is evident enough that they have done unjustly, or else Ihey had no commonwealth. And as factions for kindred, so also factions for government of religion, as of Papists, Protestants, &c. , or of state, as patricians and plebeians of old time in Rome, and of aristocralicals and democraticals of old time in Greece, are unjust, as being contrary to the peace and safety of the people, and a taking of the sword out of the hand of the sovereign. Concourse of people is an irregular system, the lawfulness or unlawful- ness whereof dependeth on the occasion, and on the number of them that are assembled. If the occasion be lawful and manifest, the concourse is lawful, as the usual meeting of men at church, or at a puljlicshow, in usual numbers ; for if the numbers be extraordinarily great, the occasion is not evident ; and consequently he that cannot render a particular and good account of his being amongst them, is to be judged conscious of an un- lawful and tumultuous design. It may be lawful for a thousand men to join to a petition to be delivered to a judge or magistrate, yet if a thousand men come to present it, it is a tumultuous assembly, because there needs but one or two for that purpose. But in such cases as these, it is not a set number that makes the assembly unlawful, but such a number as the present officers are not able to suppress and bring to justice. When an unusual number of men assemble against a man whom they accuse, the assembly is an unlawful tumult ;■ because they may deliver their accusation to the magistrate by a few, or by one man. Such was the case of St. Paul at Ephesus, where Demetrius and a great number of other men brought two of Paul's companions before the magistrate, saying with one voice " Great is Diana of the Ephesians," which was their way of demanding justice against them for teaching the people such doctrine as was against their religion and trade. The occasion here, considering the laws of that people, w.is just, yet was their assembly judged unlawful, and the magistrate reprehended them for it in these words (Acts xix. 38-40) : " If Demetrias and the other workmen can accuse any man of anything, there be pleas and deputies, let them accuse one another. And if you have any other thing to demand, your case may be judged in an assembly lawfully called. For we are in danger to be accused for this day's sedition ; because there is no cause by which any man can render any reason of this concourse of people." Where he calleth an assembly whereof men can give no just account, a sedition, and such as they could not answer for. And this is all I shall say concerning "systems "jjaA assemhliesjof-people, which may be compared, as I said, tothe simi^arfiarts nf ma p's bridy fgiirh as be lawful, to the muscles ; such as are" unlawful, to wens, boils, and apostems, engendered by the unnatural conflux of evil humours. CHAPTER XXIII. 0/ the Public Ministers of Sovereign Power. In the last chapter I have spoken of the similar parts of a commonwealth : in this I shall speak of the parts organical, which are public ministers. A " public minister " is he that by the sovereign, wliether a monarch or an assembly, is employed in any affairs with authority to represent in th^t OF PUBLIC MINISTERS. 113 employment the person of the commonwealth. And whereas every man, or assembly that hath sovereignty, representeth two persons, or, as the more common phrase is, has two capacities, one natural and another politic ; as a monarch hath the person not only of the commonwealth, but also of a man, and a sovereign assembly hath the person not only of the commonwealth, but also oi the assembly : they that be servants to thein in their natural capacity are not public ministers ; but those only that serve them in the administration of the public business. And therefore neither ushers, nor sergeants, nor other officers that wait on the assembly for no other purpose but for the commodity of the men assembled in an aristocracy, or demo- cracy ; nor stewards, chamberlains, cofferers, or any other officers of the household of a monarch, are public ministers in a monarchy. Of public ministers, some have charge committed to tliem of a general administration, either of the whole dominion, or of a part thereof. Of the whole, as to a protector, or regent, may be committed by the predecessor of an infant king, during his minority, the whole administration of his kingdom. In which case every subject is so far obliged to obedience, as the ordinances he shall make and the commands he shall give be in the king's name, and not inconsistent with his sovereign power. Of a part, or province ; as when either ti monarch, or a sovereign assembly, shall give the general charge ^Ijereof to a governor, lieutenant, prefect, or viceroy : and in this case alsoj every one of that province is obliged to all he shall do in the name of the sovereign, and that not incompatible with the sovereign's rightA For such protectors, viceroys, and governors, have no other right, but what depends on the sovereign's will ; and no commission that can be given them, can be interpreted for a declaration of the will to transfer the sovereignty, without express and perspicuous words to that purpose. And this kind of public ministers resembleth the nerves and tendons that move the several limbs of a body natural. Others have special administration ; that is to say, charges of some special business, either at home or abroad : as at home, first, for the economy of a commonwealth, they that have authority concerning the " treasure," as tributes, impositions, rents, fines, or whatsoever public revenue, to collect, receive, issue, or take the accounts thereof, are public ministers : ministers, because they serve the person representative, and can do nothing against his command, nor without his aulhority : public, because they serve him in his political capacity. Secondly, they that have aulhQrity_co ncerning the " mi litia ; " to have the custody of arms, forts, ports; to levy, "pay, or condiict soldiers ; or to provide for any necessary thing for the use of war, either by land or sea, are public ministers. But a soldier without command, though he fight for the commonwealth, does not therefore represent the person of it ; because there is none to represent it to. For every one that hath command, represents it to them only whom he commandeth. They n j fi n th a t hav^ n u thfirily fT Tptirh, or to enable others to teach the people their duty to the sovereign power, and instruct them in the know- ledge of what is just and unjust, thereby to render them more apt to live in godliness, and in peace amongst themselves, and resist the public enemy, are public ministers : ministers in that they do it not by their own authority, but by another's ; and public, because they do it, or should do it, by no authority but that of the sovereign. The monarch, or the sovereign assembly only hath immediate authority from God, to teach and instruct the people ; and no man but the sovereign receiveth his power Dei gratid simply ; that is to say, from the favour of none but God : all other receive theSs from the favour and providence of God, and iheir sovereigns ; as in 9 monarchy Dti gratiA et regis; or Dei frovidentii et mlunt*■ forlh of public land, or of any certain revenue for the commonwealth, is in ^ vain ; and tendeth to the dissolution of government, and to the condition of mere nature and war, as soon as ever the sovereign power falleth into the hands of a monarch, or of an assembly, that are either too negligent of money, or too hazardous in engaging the public stock into a long or costly war. Commonwealths can endure no diet : for seeing their expense is not limited by their own appetite, but by external accidents and the appetites of their neighbours, the public riches cannot be limited by other limits than those which the emergent occasions shall require. And whereas in England, there were by the Conqueror divers lands reserved to his own use, besides forests and chases, either for his recreation, or preservation of woods, and divers services reserved on the land he gave his subjects ; yet it seems they were not reserved for his maintenance in his public, but in his natural capacity. For he and his successors did for all that lay arbitrary taxes on all subjects' land, when they judged it necessary. Or if those public lands and services were ordained as a sufficient maintenance of the commonwealth, it was contrary to the scope of the institution ; being, as it appeared by those ensuing taxes, insuflScient, and, as it appears by the late small revenue of the crown, subject to alienation and diminution. It is therefore in vain to assign a portion to the commonwealth ; which may sell, or give it away ; and does sell and give it away, when it is done by their representative. As the distribution of lands at home ; so also to assign in what places, and for what commodities, the subject shall traffic abroadf belongeth to the sovereign. For if it did belong to private persons to use their own discre- tion therein, some of them would be drawn for gain, both to furnish the enemy with means to huit the commonwealth and hurt it themselves, by importing such things, as pleasing men's appetites, be nevertheless noxious, or at least unpofitable to them. And therefore it belongeth to the common- wealth, that is, to the sovereign only, to approve or disapprove both of the places and matter of foreign traffic. Further, seeing it is not enough to the sustentation of a commonwealth, y - Vj that every man have a propriety in a portion of land, or in some few com- T^' '' moditiep, or a natural property in some useful art, and there is no art in the v' ^ , world, but is necessary either for the being or well-being almost of every particular man ; it is necessary that men distribute that which they can spare, and transfer their propriety therein, mutually one to another by exchange and mutual contract. And therefore it belongeth to the common- [ wealth, that is to say, to the sovereign, to appoint in what manner all kinds ' of contract between subjects, as buying, selling, exchanging, borrowing, lending, letting and taking to hire, are to be made ; and by what words and signs they shall be understood for valid. And for the matter and dis- tribution of the nourishment, to the several members of the commonwealth, thus much, considering the model of the whole work, is sufficient. By concoction I understand the reducing of all commodities which are not presently consumed, but reserved for nourishment in time to come, to something of equal value, and withal so portable as not to hinder the motion of men from place to place ; to the end a man may have in what *1 1 1 8 OF COMMONWEAL TH. place soever such nourishment as the place affordeth. And this is nothing else but gold, and silver, and money. For gold and silver, being, as it happens, almost in all countries of the world higMy valued, is a commodious measure of the value of all things else between nations ; and money, of what matter soever coined by the sovereign of a commonweallh, is a sufficient measure of the value of all things else between the subjects of that commonwealth. By the means of which measures all commodities, movable and immovable, are made to accompany a man to all places of his resort, within and without the place of his ordinary residence ; and the same passeth from man to man within the commonwealth ; and goes round about, nourishing as it passeth every part thereof ; insomuch as this con- coction is as It were the sangaification of the commonwealth ; for natural blood is in like manner made of the fruits of the earth, and circulating, nourisheth by the way every member of the body of man. And because silver and gold have their value from the matter itself, they have first this privilege, that the value of them cannot be altered by the power of one, nor of a few commonwealths, as being a common measure of the commodities of all places. But base money may easily be enhanced or abased. Secondly, they have the privilege to malie commonwealths move, and stretch out their arms, when need is, into foreign countries, and supply, not only private subjects that travel, but also whole armies with provision. But that coin, which Is not considerable for the matter, but for the stamp of the place, being unable to endure change of air, hath its effect at home only ; where also it is subject to the change of laws, and thereby to have the value diminished, to the prejudice many times of those that have it. The conduits and ways by which it is conveyed to the public use, are of two sorts : one, that conveyeth it to the public coffers ; the other, that issueth the same out again for public payments. Of the first sort, are collectors, receivers, and treasurers ; of the second are the treasurers again, and the officers appointed for payment of several public or private minis- ters. And in this also, the artificial man maintains his resemblance with the natural ; whose veins receiving the blood from the several parts of the body, carry it to the heart, where being made vital, the heart by the arteries sends it out again, to enliven, and enable for motion all the members of the same. The procreatijaipr children of a commonwealth are those we call "plan- tations," or""""c oloni"es. " which'are numbers of men sent out from the commonwealth, uMer a conductor or governor, tq inhabit a foreign country, either formerly void of inhabitants, or made void then by war. And wlien a colony is settled, they are either a commonwealth of themselves, dis- charged of their subjection to their sovereign that sent them, as hath been done by many commonwealths of ancient time, in which case the common- wealth from which they went was called their metropolis or mother, and requires no more of them, than fathers require of the children whom they emancipate and make free from their domestic government, which is honour and friendship ; or else they remain united to their metropolis, as were the colonies of the people of Rome ; and then they are no commonwealths themselves, but provinces, and parts of the commonwealth that sent them. So that the right of colonies, saving honour and league with their metro- polis, dependeth wholly on their license or letters, by which their sovereign authorized them to plant. f.:K. 7. 'I ' !■> ..,^ >,/ '-'-- -■ ' ■ y.- < ,-.-o /} J •' - ^O 1 , r/s-^-' ,>.-.^-*'^'" ='.. ^^->w-,- -.- ..-X/: ' --'-^ ^' . ' /■ '. -I ' -, ' ^ ' -*■■"■ - _i5V . ' f •- OF COUNSEL. 119 CHAPTER XXV, Of Counsel. How fallacious it is to judge of the nature of things by the ordinary and inconstant use of words, appeareth in nothing more than in the confusion of counsels and commands, arising from the imperative manner of speaking in ihera both, and in many other occasions besides. For the words "do this," are the words not only of him that commandeth, but also of him that giveth counsel, and of him that exhorteth ; and yet there are but few that Bee not that tliese are very different things, or that cannot distinguish between them when they Jjerceive who it is that speaketh, and to whom the speech is directed, and upon what occasion. . But finding those phrases in men's writings, and being not able or not willing to enter into a consideration of the circumstances, they mistake sometimes the precepts of counsellors for the precepts of them that command ; and sometimes the contrary, according as it best agreeth with the conclusions they would infer, or the actions they approve. To avoid which mistakes, and render to those terms of com- manding, counselling, and exhorting their proper and distinct significations, I define them thus. " Command " is, where a man saith " do this," or " do not this,'' with- out expecting other reason than the will of him that says it. From this it followeth manifestly, that he that commandeth, pretendeth thereby his own benefit ; for the reason of his command is his own will only, and the proper object of every man's will, is some good to himself. " Counsel," is where a man saith, " do," or " do not this," and deduceth his reasons from the benefit that arriveth by it to him to whom he saith it. And from this it is evident, that he that giveth counsel, pretendeth only, whatsoever he intendeth, the good of him to whom he giveth it. ., — . Therefore between counsel and command, one great difference is, that || command is directed to a man's own benefit ; and counsel to the benefit.gfjj another man. And from this ariseth another difference, that a aian may be _ nhli^_rl to An wha t lip ig rnr»iman Now I deduce from it this that foUoweth. I. The legislator in all commonwealths, is pnly the sovereign, be he one N man, as in a monarchy, or one assembly of men, as in a democracy, or aristocracy. For the legislator is he that maketh the law. And the commonwealth only prescribes and commandeth the observation of those 124 OF COMMONWEALTH. /rules, which we call law : therefore the commonwealth is the legislator. / But the commonwealth is no person, nor has capacity to do anything, but / by the representative, that is, the sovereign ; and therefore, the sovereign is [ the sole legislator. For the same reason, none can abrogate a law made, \ ~Uut the .sovereign ; because a law is not abrogated, but by another law, \ that forbiddelh it to be put in execution. 2. The sovereign of aj ^anmonwealth, be it an assembly or one man, is not subjecFto the civil laws. For having power to make and repeal laws, he~may when he pleaseth free himself from that subjection, by repealing those laws that trouble him and making of new; and consequently he was free before. For he is free, that can be free when he will : nor is it possible for any person to be bound to himself ; because he that can bind, can release ; and thererore he that is bound to himself only, is not bound. 3. When long use obtaineth the authority of a law, it is not the length of time that maketh the authority, but the will of the sovereigii signified by his>ilence, for silence i s somet imes an argument of consent ; and it is no longer law, than the TSovereign" sEalFBe silent therein. And therefore if the sovereign shall have a question of right grounded, not upon his present will, but upon the laws formerly made ; the length of time shall bring no prejudice to his right ; but the question shall be judged by equity.- For many unjust actions and unjust sentences go uncontrolled a longer time than any man can remember. And our lawyers account no customs law but such as are reasonable, and that evil customs are to be abolished. But the judgment of what is reasonable and of what is to be abolished belongeth to him that maketh the law, which is the sovereign assembly or monarch. 4. The law of Nature and the civil law, contain each other, and are of equal extent. For the la.ws_j)f_Nature, which consist in equity, justice, ^ gratitude, and o ther m oral virtues'e«~thgge"aepending, in the condition of ^ mere nature, as 1 have saacl "belore m "ihe enTof the fifteenth chapter, are notgiD.perly.laws, .l'j!!,ijiiiilijji > Ijjul <^|i]wiiM|jneaJ o.^eace and ohfdience. Wfien a commonwealth is once settle3ttl7en~gfetliey~ actually 'ia^," and not before ; as being then the commands of the commonwealth ; and therefore also civil laws : for it is the sovereign power that obliges men to obey them. For in the differences of private men, to declare what is equity, what is justice, and what is moral virtue, and to make them bind- ing, there is need of the ordinances of sovereign power, and punishments to be ordained for such as shall break them ; which ordinances are there- fore part of tlie civil law. The law of Nature therefore is a part of the civil law in all commonwealths of the world. Reciprocally also, the civil law is a part of the dictates of Nature. For justice, that is to say, perform- ance of covenant, and giving to every man his own, is a dictate of the law of Nature. But every subject in a commonwealth hath covenanted to obey the civil law ; either one with another, as when they assemble to make a common representative, or with tlie representative itself one by one, when subdued by the sword they promise obedience, that they may receive life ; arid thei^fiare Qbedience^ to the-civil- law -is-part -ako-of-thelaxv-Trf- Nature. Civil and natural law are not different kinds, but different parts of law ; whereof one part being written, is called civil, the other unwritten, natural. But the right of nature, that is, the natural liberty of man, may by the civil law be abridged and restrained : nay, the end of making laws is no other but such restraint ; without the which there cannot possibly be any peace. And law was brought into the world for nothing else but to limit the natural liberty of particular men, in such manner as they might not hurt, but assist one another, and join togethe:' against a common enemy. 5. If the sovereign of one commonwealih subdue a people that have lived OF CIVIL LA WS. 125 under other written laws, and afterwards govern tliem by the same laws by which they were governed before ; yet those laws are the civil laws of tlie victor, and not of the vanquished commonwealth. For the legislator is he, inot by whose authority the laws were first made, but by whose authority tliey now continue to be laws. And therefore where there be divers pro- vinces within the dominion of a commonwealth, and in those provinces diversity of laws, which commonly are called the customs of each several province, we are not to understand that such customs have their force only from length of time ; but that they were anciently laws written, or other- wise made known, for the constitutions and statutes of their sovereigns ; and are now laws, not by virtue of the prescription of time, but by the consti- tutions of their present sovereigns. But if an unwritten law, in all the pro- vinces of a dominion, shall be generally observed, and no iniquity appear in the use thereof; that law can be no other but a law of Nature, equally obliging all mankind. 6. Seeing then all laws, written and unwritten, have their authority and force from the will of the commonwealth, that is to say, from the will of the representative, which in a monarchy is the monarch, and in other com- monwealths the sovereign assembly ; a man may wonder from whence pro- ceed such opinions as are found in the books of lawyers of eminence in several commonwealths, directly or by consequence making the legislative power depend on private men, or subordinate judges. As for example, " that the common law hath no controller but the parliament ; " which is true only where a parliament has the sovereign power, and cannot be assembled nor dissolved but by their own discretion. For if there be a right in any else to dissolve them, there is a right also ta control them, and consequently to control their controllings. And if there be no such right, then the controller of laws is not parliamentum, but rex in parliamento. And where a parliament is sovereign, if it should assemble never so many or so wise men from the countries subject to them, for whatsoever cause ; yet there is no man will believe that.6uch an assembly hath thereby acquired to themselves a legislative power. \^ Item " that -ihe two ai n^_ of a comm on- wealtli, are ' ' force and justice j the first whereot is m the king, tne other deposited in the hands of the parliament." As if a commonwealth could consist, where the- force were ill any hand, which justice had not the authority to command and govern/ 7. That law can never be against_rgaion pur lawyers are agreed; and that not the'TetTfr^^t^ evefycnnslruction of it. \i^]\JiJiJi\ wliiflT iatirprvrrl- in g_tQ the intention dt iKe TgffaTfff, Ja.t Tipm v. And it is true, but the do^ibt is of whose reason it isthat shall be received for law. It is not meant of any private reason, for then there would be as much contradiction in the laws as there is in the schools ; nor yet, as Sir Edward Coke makes it, an "artificial perfection of reason, gotten by long study, observation, and experience," as his was.- For it is possible long study may increase and confirm erroneous sentences, and where men build on false grounds, the more they build the greater is the ruin : and of those that study and observe with equal time and diligence, the reason and resolutions are, and must remain, discordant, and therefore it«is not that juris prudentia or wisdom of subordinate judges ; but the reason of this our artificial man the commonwealth, and his command that raaketh law : and the common- wealth being in their representative but one person, there cannot easily arise any contradiction in the laws; and when there doth, the same reason is able, by interpretation or alteration, to take it away. In all courts of justice, the sovereign, which is the.,person of the commonwealth, is he that judj^etli 7TEe"snbordinate judge ought toTiave regard to the reason which moved his sovereign to make such law that his sentence may be according 126 OF COMMONWEALTH. tliereunto, which then is his sovereign's sentence, otherwise it is his own, and an unjust one. . , . 8. From this that the law is a command, and a command consisteth m declaration or manifestation of the will of him that commandeth, by voice, writing, or some other sufficient argument of the same, we may understand that the command of the_commonwealtb. is law only_iaJ;hg se that ha ve _meani.to3^Ti6tice of it." Over naturaljfools, children,-6H;-mad«ie% tfieie is no laWj^Ao more than over brute beasts, nor are they capable of the title ot jiJiror unjust ; because they had never power to make any covenant, or to imdersland the consequences thereof, and consequently never took upon them to authorize the actions of any sovereign, as they must do that make to themselves a commonwealth. And as those from whom nature or acci- dent hath taken away the notice of all laws in general ; so also every man from whom any accident, not proceeding from his own default, hath taken away the means to take notice of any particular law, is excused if he observe it not, and, to speak properly, that law is no law to him_. It is therefore necessary to consider in this place what arguments and signs be sufficient for the knowledge of what is the law, that is to say, what is the will of the sovereign as well in monarchies as in other forms of government. And first, if it be a law that obliges all the subjects without exception, and is not written, nor otherwisfe published in such places as they may take notice thereof, it is a law of Nature. For whatsoever men are to take knowledge of for law, not upon other men's words, but every one from his own reason, must be such as is agreeable to the reason of all men '; which no law can be, but the law of Nature. The laws of^ Nature therefore need not any publishing, nor proclamation; as C)eing ^contained in this one sentence, approved by all the world, " Do not that to anotheii.B'JliQh thou thinkest unreasonable to be done by another tq^ thyself." Secondly, if it be a'law that obliges only some condition of men, or one particular man, and be not written, nor published by word, then also it ' is a law of Nature ; and known by the same arguments and signs that distinguish those in such a condition from other subjects. ,Eat.^atsoever law is not written, or some way published by him that makes.it law, can Be lintTwn no_way, -buf by the reasoti of "hini 'that i fs to jab e y- i t ; and is (EESlScEMse_a_jawnoijpnly_i3vil,_iuL.3iatiiiaLl"T''or example, if the sovereign employ a public minister, without written instructions what to do ; he is obliged to take for instructions the dictates of reason ; as if he make a judge, the judge is to take notice that his sentence ought to be according to the reason of his sovereign, which being always understood to be equity, he is bound to it by the law of Nature : or if an ambassador, he is, in all things not contained in his written instructions, to take for instruction that which reason dictates to be most conducing to his sove- reign's interest ; and io'of all cSthfer. ministers of the sovereignty, public and private. All which instructions of natural reason may be comprehended under one name of " fidelity ; " which is a branch of natural justice. The law of Nature excepted, it beIongeth'"R)"'the essence oif all other laws, to be made known, to every man that shall be obliged to obey them, either by word, or writing, or some other act, known to proceed from the sovereign authority. For the will of another cannot be understood, but by his own word, or act, or by conjecture taken from his scope and purpose ; which in the person of the commonwealth is to be supposed always consonant to equity, and reason. And in ancient time, before letters were in common use, the laws were many times put into verse ; that the rude people taking pleasure in singing or reciting them, might the more easily retain them in memory. And for the same reason Solomon (Prov. vii. 3) adviseth a man to bind the ten commandments upon his ten fingers. And Of CIVIL LAWS. 12? for the law which Moses gave to the people of Israel af the renewing of the covenant (Deut. xi. 19), he biddeth them to teach it their children, by discoursing of it both at home and upon the way ; at going to bed, and at rising from bed ; and to write it upon the posts and doors of their houses ; and (Deut. xxxi. 12) to assemble the people, man, woman, and child, to hear it read. Nor is it enough the law be written and published ; but also that there be manifest signs that it proceedeth from the will of the sovereign. For private men, when they have, or think they have, force enough to secure their unjust designs, and convoy them safely to their ambitious ends, may publish for laws what they please, without or against the legislative authority. There.js__tljsigf^e_requi^e^ not only a.dg6laxaJtipn,of-t-he law, but also sufficient signs of the author^cTauthprity.) The author of legis- later is suyposettirt^eve^TSinraonwealtli to be evident, because he is the sovereign, who having been constituted by the consent of every one, is sup- posed by every one to be sufficiently known. And though the ignorance and security of men be sudi, for the most part, as that when the memory of the first constitution of their commonwealth is worn out, tliey do not con- sider by whose power they used to be defended against their enemies, and to have their industry protected, and to be righted when injury is done them ; yet because no man that considers, can make question of it, no excuse can be derived from the ignorance of where the sovereignty is placed. And it is a dictate of natural reason, and consequently an evident law of Nature, that no man ought to weaken that power, the protection whereof he hatli himself demanded, or wittingly received against others. Therefore of who is sovereign, no man, but by his own fault (whatsoever evil men suggest), can make any doubt The difficulty consisteth in the evidence of the authority derived from him j the removing whereof dependeth on the knowledge of the public rfegisters, public counsels, public ministers, and public seals ; by which all laws are sufficiently verified ; verified, I say, not authorized : for the verification is but the testimony and record, not the authority of the law ; which consisteth in the command of the sovereign only. If therefore a manliavea question of injury, depending on the law of Nature ; that is to say, on common equity ; the sentence of the judge, that by commission hath authority to take cognizance of such causes, is a sufficient verification of the law of Nature in that individual case. Jb'or though the advice of one that professeth the study of the law be useful for the avoiding of contention ; yet it is but advice : it is the judge must tell men what is law, upon the hearing of the controversy. But when the question is of injury, or crime, upon a written law ; every m.in by recourse to the registers, by himself or others, may, if he will, be sufficiently informed, before he do such injury, or commit the crime, whether it be an injury or not : nay, he ought to do so : for when a man doubts whether the act he goeth about be just orunjust ; and may inform himself, if he will ; the doing is unlawful. In like manner, he that supposeth him- self injured, in a case determined by the written law, which he may, by himself or others, see and consider ; if he complain before he consults with the law, he does unjustly, and bewrayeth a disposition rather to vex other men than to demand his own right. If the question be of obedience to a public officer ; to have seen his com- mission, with the public seal, and heard it read ; or to have had the means to be informed of it, if a man would, is a sufficient verification of his authority. For every man is obliged to do his best endeavour to inform himself of all written laws, that may concern his own future actions. The legislator known ; and the laws, either by writing or by the light of 128 OF COMMONWEALTIt. Nature, sufficiently published ; there wanteth yet another very material cif- cumstance to make them obligatory. For it is not the letter, but the intendment or meaning, that is to say, the authentic interpretation of the law (which is the sense of the legislator), in which the nature of the law consisteth ; and therefore the interpretation of all laws dependelh on the authority sovereign ; and the interpreters can be none but those which the sovereign, to whom only the subject oweth obedience, shall appoint. For else, by the craft of an interpreter, the law may be made to bear a sense contrary to that of the sovereign, by which means the interpreter becomes the legislator. All laws, written and unwritten, have need of interpretation. The un- written law of Nature, though it be easy to such as, without partiality and passion, make use of their natural reason, and therefore leaves the violators tliereof without excuse ; yet considering there be very few, perhaps none, that in some cases are not blinded by self-love or some other passion, it is now become of all laws the most obscure, and has consequently the greatest need of able interpreters. The written laws, if they be short, are easily misinterpreted, from the divers significations of a word or two : if long, they be more obscure by the divers significations of many words : insomuch as no written law, delivered in few or many words, can be well understood, without a perfect understanding of the final causes for which the law was made, the knowledge of which final causes is in the legislator. To him there- fore there cannot be any knot in the law insoluble ; either by finding out the end.=, to undo it by ; or else by making what ends he will, as Alexander did with his sword in the Gordian knot, by the legislative power, whicli no other interpreter can do. The interpretation of the laws of Nature in a commonwealth dependeth not on the books of moral philosophy. The authority of writers, without the authority of the commonwealth, maketh not their opinions law, be they never so true. That which I have written in this treatise concerning the moral .virtues, and of their necessity for the- procuringand maintamjag peace, .though it be evid,epttmthMsnot therefore presently lawj^^ut—hecause in all commonwentliilftflK'y7orlHT!t"i pafTof the'civil law. For th ough it •bb ^n ata r a lly r ea6«t«^)ler^ietiUsj2yill£L.50Kereigri.po«ier thatit Is iaw : other- wise, it were a great error to call the laws of Nature unwritten law ; whereof we see so many volumes published, and in them so many contradictions of one another and of themselves. The interpretation of the law "of Nature, is the sentence of the judge constituted by the sovereign authority, to hear and determine such contro- versies as depend thereon ; and consisteth in the application of the law to the present case. For in the act of judicature, the judge doth no more but consider whether the demand of the party be consonant to natural reason and equity ; and the sentence he giveth is therefore the interpretation of the law of Nature ; which interpretation is authentic ; not because it is his private sentence ; but because he giveth it by authority of the sovereign, whereby it becomes the sovereign's sentence, which is law for that time, to the parties pleading. But because there is no judge subordinate, nor sovereign, but may err in a judgment of equity ; if afterward in another like case he find it more consonant to equity-to give a contrary sentence, he is obliged to do it. No man's error becomes his own law ; nor obliges him to persist in it. Neither, for the same reason, becomes it a law to other judges, though sworn to follow it. For though a wrong sentence given by authority of the sovereign, if he know and allow it, in such laws as are mutable, be a constitution of a new law, in cases in which every little circumstance is the same ; yet in laws immutable, such as are the laws of Nature, tliey are no OF CIVIL LAWS. 129 laws to the same or otlier judges, in the like cases for ever after. Princes succeed one another ; and one judge passeth, another comelh ; nay, heaven and earth shall pass ; but not one^ftle of the law of Nature shall pass ; for it is the eternal law of God. therefore Wl the sentences of precedent judges that Ime ever been, caimot altogether make a law contrary to natural equit)?^ nor any examples of former judges, can warrant an unreasonable wntence, or discharge the present judge of the trouble of studying what is equity, in the case he is to judge, from the principlesof his own natural reason. For example sake, it is agai rit Ihn livw rrf-Wffilre "in pnn Uh i\^ jpnrj^ ent ;" and innocent is he that acquitteth himself judicially, and is acknowledged for innocent by the judge. Put the case now, that a man is accused of a capital crime, and seeing the power and malice of some enemy, and the frequent corruption and partiality of judges, runneth away for fear of the event, and afterwards is taken, and brought to a legal trial, and maketh it sufficiently appear he was not guilty of the crime, and being thereof acquitted, is nevertheless condemned to lose his goods ; this is a manifest condemnation of the innocent. I say therefore that there is no place in the world, where this can be an interpretation of a law of Nature, or be made a law by the sentences of precedent judges, that had done the same. For he that judged it first, judged unjustly ; and no injustice can be a pattern of judgment to succeeding judges. A written law may forbid innocent men to fly, and they may be punished for flying : but that flying for fear of injury should be taken for presumption of guilt, after a man is already absolved of the crime judicially, is contraiy to the . nature of a presumption, which hath no place after judgment given. Yet this is set down by a great lawyer for the common law of England. " If a man, " saith he, " that is innocent, be accused of felony, and for fear flyeth for the same ; albeit he judicially acquitteth himself of the felony ; yet if it be found that he fled for the felony, he shall notwithstanding, his iunocency, forfeit all his goods, chattels, debts, and duties. For as to the forfeiture of them, the law will admit no proof against the presumption in law, grounded upon his flight." Here you see "an innocent man judicially acquitted, notwithstanding his innocency," when no written law forbad him to fly, after his acquittal, " upon a presumption in law," condemned to lose all the goods he hath. If the law ground upon his flight a presumption of the fact, which was capital, the sentence ought to have been capital : if the presump- tion were not of the fact, for what then ought he to lose his goods ? This therefore is no law of England ; nor is the condemnation grounded upon a presumption of law, but upon the presumption of the judges. It is also against law, to say that proof shall be admitted against a presumption of law. For all judges, sovereign and subordinate, if they refuse to hearproof, refuse to do justice : for though the sentence be just, yet the judges that condemn without hearing the proofs offered, are unjust judges ; and their presumption is but prejudice ; which no man ought to bring with him to the seat of justice, whatsoever precedent judgments or examples he shall pretend to follow. There be other things of this nature, wherein men's judgments have been perverted, by trusting to precedents : but this is enough to show, that though the sentence of the judge be a law to the party pleading, yet it is no law to any judge that shall succeed him in that office. In like manner, when question is of the meaning of written laws, he is not the interpreter of them, that writeth, a commentary upon them. For commentaries are commonly more subject to cavil than the text ; and therefore need other commentaries ; and so there will be no end of such interpretation. And therefore unless there be an interpreter authorized by the sovereign, from which the subordinate judges are not to recede, the in- terpreter can be no other than the ordinary judges, in the same manner as 130 OF COMMONWEALTH. they are in cases of the unwritten law ; and their sentences are to be taken by them that plead for laws in that particular case ; but not to bind other judges in like cases to give like judgments. For a judge may err in the in- terpretation even of written laws ; but no error of a subordinate judge can change the law, which is the general sentence of the sovereign. In written laws, men use to make a difference between the letter and the sentence of the law : and when by the letter is meant whatsoever can be gathered by the bare words, it is well distinguished. For the significations of almost all words are either in themselves, or in the metaphorical use of them, ambiguous ; and may be drawn in argument, to mstke many senses ; but there is only one sense of the law. But if by the letter be meant the literal sense, then the letter and the sentence or intention of the law, is all one. For the literal sense is that which the legislator intended should by the letter of the law be signified. Now the intention of the legislator is always supposed to be equity ; for it were a great contumely for a judge - to think otherwise of the sovereign. He ought therefore, if the word of the law do not fully authorize a reasonable sentence, to supply it with the law of Nature ; or if the case be difficult, to respite judgment till he have re- ceived more ample authority. For example, a wriiten law ordaineth that he I f ' of Nature ; or if the case be difficult, to respite judgment till he have re- \ y ceived more ample authority. For example, a wriiten law ordaineth that he jf ^ -Sk which is thrust out of his house by force shall be restored by force : it If '"^ happens that a man by negligence leaves his house empty, and returning is y. ^ v" kept out by force, in which case there is no special law ordained. It \ is evident that this case is contained in the same law : for else there is no _ ^^ remedy for him at all ; which is to be supposed against the intention of the )' legislator. Again, the word of the law commandeth to judge according to j . the eridence : a man is accused falsely of a fact, which the judge himself } ^ saw done by another, and not by him that is accused. In this case neither shall the letter of the law be followed to the condemnation of the innocent, nor shall the judge give s'fentence against the evidence of the witnesses ; be- cause the letter of the law is to the contrary ; but procure of the sovereign that another be made judge, and himself witness. So that the incommodity that follows the bare words of a written law may lead him to the intention of the law, whereby to interpret the same the better; though no in- commodity can warrant a sentence against the law. For every judge of right and wrong is not judge of what is commodious or incommodious to the commonwealth. The abilities required in a good interpreter of the law, that is to say, in a good judge, are not the same with those of an advocate ; namely, the study of the laws. For a judge, as he ought to take notice of the fact from none but the witnesses ; so also he ought to take notice of the law from nothing but the statutes and constitutions of the sovereign, alleged in the pleading, or declared to him by some that have authority from the sovereign power to declare them ; and need not take care beforehand what he shall judge j for it shall be given him what he shall say concerning the fact, by witnesses ; and what he shall say in point of law, from those that shall in their pleadings show it, and by authority interpret it upon the place. The Lords of par- liament in England were judges, and most difficult causes have been heard and determined by thera ; yet few of them were much versed in the study of the laws, and fewer had made profession of them ; and though they con. suited with lavi^ers, that were appointed to be present there for that pur- pose, yet they alone had the authority of giving sentence. In like manner, in the ordinary trials of right, twelve men of the common people are the judges, and give sentence, not only of the fact, but of the right; and pronounce simply for the complainant, or for the defendant ; that is to say, are judges, not only of the fact, but also of the right : and in a question of crime, not only determine whether done, or not done ; but also whether it OF CIVIL LAWS. 131 be '■ murder," '"homicide," " felony, "assault," and the like, which are de» terminations of law : but because they are not supposed to know the law of themselves, there is one that hath authority to inform them of it, in the particular case they are to judge of. But yet if they judge not according to that he tells them, they are not subject thereby to any penalty ; unless it be made appear that they did it against their consciences, or had been corrupted by reward. The things that make a good judge or good interpreter of the laws are, first, "a right understanding" of that principal law of Nature called "equity," which depending not on the reading of other men's writings, but on the goodness of a man's own natural reason and meditation, is presumed to be in those most that have had most leisure, and had the most inclina- tion to meditate thereon. Secondly, " contempt of unnecessary riches and preferments. " Thirdly, " to be able in judgment to divest himself of all fear, anger, hatred, love, and compassion." Fourthly, and lastly, " patience to hear, diligent attention in hearing, and memory to retain, digest and apply what he hath heard." The diiference and division of the laws has been made in divers manners, according to the different methods of those men that have written of them. For it is a thing that dependeth not on nature, but on the scope of the writer, and is subservient to every man's proper method. In the Institu- tions of Justinian, we find seven sorts of civil laws. 1. The " edicts," " constitutions," and " epistles of the prince," that is, of the emperor, because the whole power of the people was in him. Like these are the proclamations of the kings of England. 2. "The decrees of the whole people of Rome," comprehending the senate, when they were put to the question by the "senate." These were laws at first by the virtue of the sovereign power residing in the people ; and such of them as by the emperors were not abrogated, remained laws by the authority imperial. For all laws that bind are understood to be laws by his authority that has power to repeal them. Somewhat like to these laws are the acts of parliamerit in England. 3. " The decrees of the common people," excluding the senate, when they were put to the question by the "tribune " of the people. For such of them as were not abrogated by the emperors remained laws by the authority imperial. Like to these were the orders of the House of Com- mons in England. 4. Senatus totisuUa, the "orders of the senate ;" because when the people of Rome grew so numerous as it was inconvenient to assemble them ; it was thought fit by the emperor that men should consult the senate, instead of the people ; and these have some resemblance with the acts of council. 5. " The edicts of praetors," and in some cases of " sediles ;" such-as are the chief justices in the courts of England. 6. Responsa pnidentum, which were the sentences and opinion of those lawyers to whom the emperor gave authority to interpret the law, and to give answer to such as in matter of law demanded then: advice ; which answers, the judges in giving judgment were obliged by the constitutions of the emperor to observe, and should be like the rfeports of cases judged, if other judges be by the law of England bound to observe them. For the judges of the common law of England are not propesly judges, but juris consulti, of whom the judges, who are either the Lords, or twelve men of the country, are in point of law to ask advice. \ ~) ["J. Also "unwritten customs," which in their own nature are an imitation 1 / of law, by the tacit consent of the emperor, in case they be not contrary XifJ ■ Uie law of Nature, are very laws. 132 OF COMMONWEALTH. Another division of laws is into " natural " and " positive." " Natui-al " are those vifhich have been laws from all eternity ; and are called not only "natural" but also " moral" laws ; consisting in the moral virtues, as justice, equity, and all habits of the mind that conduce to peace and charity, of which I have already spoken in the fourteenth and fifteenth chapters. " Positive " are those which have not been from eternity ; but have been made laws by the will of those that have had the sovereign power over others; and are eitlier written or made known to men by some other argument of the will of their legislator. Again, of positive laws some are "human," some "divine;" and of human positive laws some are " distrihntive." some '^LfiSaa'-" "Distribu- tive " are tliose that determine the rights of the subjects, declaring to every man what it is by which he acquireth and holdeth a propriety in lands or goods, and a right or liberty of action : and these speak to all the subjects. " Penal " are those which declare what penalty shall be inflicted on those that violate the law ; and speak to the ministers and officers ordained for execution. For though every one ought to be informed of the punisliments ordained beforehand for their transgression, nevertheless the command is not addressed to the delinquent, who cannot be supposed will faithfully punish himself, but to public ministers appointed to see the penalty executed. And these penal laws are for the most part written together with the laws distributive ; and are sometimes called judgments. For all laws are general judgments, or sentences of the legislator ; as also every particular judgment is a law to him whose case is judged. " Divine positive laws " (for natural laws being eternal and universal are all divine) are those which Ijeing the commandments of God, not from all eternity, nor universally addressed to all men, but only to a certain people, or to certain persons, are declared for such by those whom God hath authorized to declare them. But this authority of man to declare what be these positive laws of God, how can it be known ? God may command a man by a supernatural way to deliver laws to other men. But because it is of the. essence of law, that he who is to be obliged be assurgjlof the autijQiity of him that declareth it, which we. pannptnajiually takeiiotice to beJjoiB God, "JiQW can a man without supernatural revelation be assured of the revelation receiygjj by the declarer?" and "how can he be bound to obey them?" For the first question, liow a man can be assured of the "revelation of another, without a revelation particularly to himself, it is evidently impossible. For though a man may be induced to believe such revelation from the miracles they see him do, or from seeing the extraordi- nary sanctity of his life, or from seeing the extraordinary wisdom or extra- ordinary felicity of his actions, all which are marks of God's extraordinary favour ; yet they are not assured evidences of special revelation. Miracles are marvellous works ; but that which is marvellous to one, may not be so to another. Sanctity may be feigned ; and the visible felicities of -this world are most often the work of God by natural and ordinary causes. And therefore no man can infallibly know by natural reason that another has had a supernatural revelation of God's will, but only a belief ; every one, as the signs thereof shall appear greater or lesser, a firmer or a weaker belief. Bu^or tlie second, how can he be bound to obey them ; it is not so hard. For fif the law declared be not against the law of Nature, which is undoubtedly God's law, and he^ndertake to obey it, he is bound by his own act ;' boutid I say to obey i^ but n ot - bound tu bLl i ir ve~n : for men's "BHlieTaHd interior cogitations are not subject to the commands, but only to the operation of God, ordinary or extraordinary. Faith of supernatural law OF CIVIL LAWS. 133 IS not a fulfilling, but only an assenting to the same ; and not a duty that we exhibit to God, but a gift which God freely giveth to whom He pleaseth ; as also unbelief is not a breach of any of His laws ; but a rejection of them all, except the laws natural. But this that I say, will be made yet clearer by the examples and testimonies concerning this point in Holy Scripture. The covenant God made with Abraham, in a supernatural manner, was thus (Gen. xvii. lo) : " Tliis is the covenant which thou shalt observe between me and thee, and thy seed after thee." Abraham's seed had not this revelation, nor were yet in being ; yet they are a party to the covenant, and bound to obey what Abraham should declare to them for God's law ; which they could not be, but in virtue of the obedience they owed to their parents ; who, if they be subject to no other earthly power, as here in the case of Abraham, have sovereii^n power over their children and servants. Again, where God saith to Abraham, " In thee shall all nations of the earth be ble-sed ; for I know thou wilt command thy children, and thy house after thee, to keep the way of the Lord, and to observe righteousness and judg- ment," it is manifest, the obedience of his family, who had no revelation, depended on their former obligation to obey their sovereign. At Mount Sinai Moses only went up to God ; the people were forbidden to approach on pain of death ; yet they were bound to obey all that Moses declared to them for God's law. Upon what ground, but on this submission of their own, " Speak thou to us and we will hear thee ; but let not God speak to us, lest we die?" Ey which two places it sufficiently appeareth, that in a commonwealth, a subject that has no certain and assured revelation particu- larly to himself concerning the will of God, is to obey for such the command of the commonwealth : for if men were at liberty to take for God's com- mandments their own dreams and fancies, or the dreams and fancies of private men ; scarce two men would agree upon what is God's command- ment ; and yet in respect of them, every man would despise the command- ments of the commonwealth. I conclude therefore, that in all things not contrary to the moral law, that is to say, to the law of Nature, all subjects are bound to obey that for divine law, which is declared to be so by the laws of the commonwealth. Which also is evident to any man's reason ; for whatsoever is not against the law of Nature, may be made law in the name of them that have the sovereign power ; and there is no reason men should be the less obliged by it, when it is propounded in the name of God. Besides, there is no place in the world where men are permitted to pretend other commandments of God than are declared for such by the common- wealth. Christian states punish those that revolt from the Christian religion, and all other states those that set up any religion by them forbidden. (For in whatsoever is not regulated by the commonwealth, it is equity, which is the law of Nature, and -therefore an eternal law of God, that every man equally enjoy his liberty^ There is also anothei'aistinction of laws into "fundamental" and "not fundamental;" but I could never see in any author what a fundamental law signifieth. Nevertheless one may very reasonably distinguish laws in that manner- For a l imdamentaU aw in every commonwealth is that, which being takeu-ajEajl^Jhecommonwealth failetli and is utterly dissolved ; as a build- ing whose foun3arioil~is'3estroye3. And therefore "a" fundamental law is that, by which subjects are bound to uphold whatsoever power is given to the sovereign, whether a monarch or a sovereign assembly, without which the commonwealth cannot stand ; such as is the power of war and peace, of judicature, of election of officers, and of doing whatsoever he shall think necessary for the public good. IJotlundamental is that, the abrogating whergofdraweth riot_witlLiLthe„dlsioIun5irBnKe'com as 134 OF COMMONWEALTH. are the laws concerning controversies between suliject and subject. Thus much of the division of laws. I find the words lex civilis and Jus civile, that is to say ' ' law " and "right civil," promiscuously used for the same thing, even in the most learned authors ; which nevertheless ought not to be so. For " rjghtJ^ia- " liberty, ---nanrehjhat libejty^ijduch_,tSe:jiviUaw- ie9iX£SJ^ : llUL-iiciwl law " JS^m-TSBfigatTonT'^andtakesfrom us. the libertvwEch the J aw o f NSure-gave-us. Nature ^veTrigRf to every man to secure himselt by his own strengtii, and to invade a suspected neiglibour, by way of preven- ^ tion : but the civil law takes away that liberty, in all cases where the pro- tection of Ihe law may be safely stayed for. Insomuch as lex and pis are as different as "obligation" and "liberty." Likewise " laws" and "charters" are taken promiscuously for the same thing. Yet charters are donations of the sovereign ; and not laws, but exemptions from law. The phrase of a law is, jubeo, injungo, " I com- mand " and " enjoin : " the phrase of a charter is, dedi, concessi, " I have given,'' " I have granted : " but what is given or granted to a man is not forced upon him by a law. A law may be made to bind all the subjects of a commonwealth : a liberty or charter is only to one man, or some one part of the people. For to say all the people of a commonwealth have liberty in any case whatsoever, is to say, that in such case there hath been no law made ; or else having been made, is now abrogated. CHAPTER XXVII. 0/ Crimes, Excuses, and Extenuations. A SIN, is not only a transgression of a law, but also any contempt of the legislator. For such contempt is a breach of all his laws at once. And therefore may consist, not only in the " commission " of a fact, or in speaking of words by the laws forbidden, or in the " omission " of what the law commandeth, but also in the " intention," or purpose to transgress. For the purpose to break the law is some degree of contempt of him to whom it belongeth to see it executed. To be delighted in the imagination only of being possessed of another man's goods, sei-vants, or wife, without any intention to take them from him by force or fraud, is no breach of the law, that saith, " Thou shalt not covet : " nor is the pleasure a man may have in imagining or dreaming of the death of him, from whose life he expecteth nothing but damage and displeasure, a sin ;>but the resolving to put some act in execution that tendeth thereto. For(to be pleased in the fiction of that which would please a man if it were real, is a passion so adherent to the nature both of man and every-other living creature, as to make it a sin, were to make sin of being a many The consideration of this has made me think them too severe, both to themselves and others, that maintain that the first motions of the mind, though checked with the fear of God, be sins. But I confess it is safer to err on that hand than on the other. A " crime," is a sin, consisting in the committing, by deed or word, of that which the law forbiddeth, or the omission of what it hath commanded. So that eveiy crime is a sin ; but not every sin a crime. To intend to steal, or kill, is a sin, though it never appear in word or fact: for God that seeth the thoughts of man, can lay it to his charge : but till it appear by something done, or said, by which the intention may be argiied by a OF CRIMES, EXCUSES, ETC. 135 human judge, it hath not the name of crime : which distinction the Greeks observed in the word iiidpTrj/ia, and lyK\rifui, or mrla ; whereof the former, which is translated " sin," signifieth any swerving from the law whatsoever ; but Xhe two latter, which are translated "crime," signify that sin only, whereof one man may accuse another. But of intentions, which never appear by any outward act, there is no place for human accusation. In like manner the Latins by peccatum, w^ich is " sin," signify all manner of deviation from the law ; but by crimen, which word they derive from cerno which signifies " to perceive," they mean only such sins as may be made appear before a judge ; and therefore are not mere intentions. From this relation of sin to the law, and of crime to the civil law, may be inferred, first, that where Ijw ceaseth, sin ceaseth. JBftt .because the law of Nature is eternal, violation of covenants, ingratitude, arrogance, and all facts contrary to any moral virtue, can never cease to be sii/. Secondly, that the~Civil"fe* ceasmg,' crimes celEf : for there being no other law remaining but that of nature, there is no place for accusation ; every man being his own judge, and accused only by his own conscience, and cleared by the uprightness of his own intention. When therefore his intention is right, his fact is no sin ; if otherwise, his fact is sin ; but not crime. Thirdly, that wh«B-the_§oyereiga.pa3iei ceaseth, _£rim&.,also ceaseth ;• for where there is no such power, there is no protection to be had from the law ; and therefore every one may protect himself by his own power : for no man in the institution of sovereign power can be supposed to give away the right of preserving his own body ; for the safety whereof all sovereignty was ordained. But this is to be understood only of those that have not themselves contributed to the taking away of the power that protected them ; for that was a crime from the beginning. The source of every CTime is some defect of the understanding, or some error in rea^soning, arlsomfe rSrrtJjm.fgxES of the passions. Defect in the understanding is "ignorance;" in reasoning, "erroneous opinion." Again, ignorance is of three sorts ; of the "law," and of the "sovereign," and of the "penalty." Ignorance of the law of Nature excuseth no man, because every man that hath attained to the use of reason is supposed to know he ought not to do to another what he would not have done to himself. Therefore into what place soever a man shall come, if he do anything contrary to that law, it is a crime. If a man come from the Indies hither, and persuade men here to receive a new religion, or teach them anything that tendeth to disobedience of the laws of this country, though he be never so well persuaded of the truth of what he teacheth, he commits a crime, and may be justly punished for the same, not only because his doctrine is false, but also because he does that which he would not appi-ove in another, namely, that coming from hence, he should endeavour to alter the religion there. But ignorance of the civil law, shall excuse a man in a strange country till it be declared to him, because till then no civil law is binding. In the like manner, if the civil law of a man's own country be not so sufficiently declared as he may know it if he will, nor tlie action against the law of Nature, the ignorance is a good excuse : in other cases ignorance of the civil law excuseth not. Ignorance of the sovereign power in the place of a men's ordinary resi- dence excuseth him not, because he ought to take notice of the power by which he hath been protected there. Ignorance of the penalty, where the law is declared, excuseth no man ; for in breaking the law, which, without a fear of penalty to follow, were not a law, but vain words, he undergoeth the penalty, though he know not what it is j because whosoever voluntarily doth any action, accepteth all 136 OF COMMONWEALTH. the known consequences of it ; but punishment is a known consequence of the violation of the laws in every commonwealth, whicli punishment, if it be determined already by the law, he is subject to that ; if not, then he is subject to arbitrary punishment. For it is reason that lie which does injury without other limitation than that of his own will, should suffer punish- ment without other limitation than that of his will whose law is thereby violated. But when a penally is either annexed to the crime in the law itself, or hath been usually inflicted in the like cases ; there the delinquent is excused from a greater penalty. For the punishment foreknown, if not great enough to deter men from the action, is an invitement to it : because when men compare the benefit of their injustice with the harm of their punish- ment, by necessity of nature they choose that which appeareth best for themselves ; and therefore when they are punished more than the law had formerly determined, or more than others were punished for the same crime ; it is the law that tempted and deceiveth them. No law, made after a fact done, can make it a crime : because ij^jjjs.fact be_agaiiisf'thelaS'"j5El^atiir'e,'2ie law w'as before the fact; and_a_pQaitiKa law cannot be taken no tice qf , before i t be m ade^ and therefore cannot be obli- gatufyr~ But when the law that forbiddeth a fact, is made before tlie fact be done ; yet he that doth the fact, is liable to the penalty ordained after, in case no lesser penalty were made known before, neither by writing, nor by example, for the reason immediately before alleged. From defect in reasoning, that is to say, from epror, ine jL are prone to violate the laws^three^^ways. First, by oresumption^-cr false principles : as when nien, 'frotSTTavrng observed how in all places and m all ages, unjust actions have been authorized, by the force and victories of those who have committed them ; and that potent men, breaking through the cobweb laws of their country, the weaker sort and those that have failed in their enter- prises, have been esteemed the only criminals ; have thereupon taken for principles, and grounds of their reasoning, "that justice is but a vain word : that whatsoever a man can get by his own industry and hazard, is his own : that the practice of all nations cannot be unjust : that examples of former times are good arguments of doing the like again ;" and many more of that kind ; which being granted, no act in itself can be a crime, but must be made so, not by the law, but by the success of them that commit it ; and the same fact be virtuous or vicious, as fortune pleaseth ; so that what Marius makes a crime, Sylla shall make meritorious, and Caesar, the same laws standing, turn again into a crime, to the perpetual disturbance of the peace of the commonwealth. Secondly, by false tf'"'^''"i that either misinterpret the law of Nature, makmg it thereby repugnant to the law civil ; or by teaching for laws, sucb doctrines of their own, or traditions of former times, as are inconsistent with the duty of a subject. Thirdly, by erroneo-js inferences from true principles ; which happens comniUilly lu uien-that-are-hastyancTprecipitate in concluding, and resolv- ing what to do ; such as are they, that have both a great opinion of their own understanding, and believe that things of this nature require not lime and study, but only common experience, and a good natural wit ; whereof no man thinks himself unprovided : whereas the knowledge of right and wrong, which is no less difficult, there is no man will pretend to, without great and long study. And of those defects in reasoning, there is none that can excuse, though some of them may extenuate, a crime in any man, that pretendeth to the administration of his own private business ; much less in them that undertake a public charge ; because they pretend to the reason, upon the want whereof they would ground their excuse. OF CRIMES, EXCUSES, ETC. 137 Of thg ga^nng that-mtMLfrpqiipnUy are thccauseS-ftLcriiiie, Que js vaiji- i>lorY, or a foolish over-rating of their own worth ; as if difference of worth were an effect of their wit, or riches, or blood, or some other natural quality, not depending on the will of those that have the sovereign authority. From whence proceedeth a presumption that the punishments ordained by the laws, and extended generally to all subjects, ought not to be inflicted on them with the same rigour they are inflicted on poor, obscure, and simple men, comprehended under the name of the " vulgar." Therefore it happeneth commonly, that such as value themselves by the greatness of their wealth, adventure on crimes, upon hope of escaping pun- ishment, by corrupting public justice, or obtaining pardon by money, or other rewards. And that such as have multitude of potent kindred, and popular men, that have gained reputation amongst the multitude, lake courage to violate the laws, from a hope of oppressing the power to whom it belongeth to put them in execution. And that such as have a great and false opinion of their own wisdom, take upon them to reprehend the actions and call in question the authority of them that govern, and so to unsettle the laws with their public discourse, as that nothing shall be a crime, but what their own designs require should be so. It happeneth also to the same men, to be prone to all such crimes, as consist in craft, and in deceiving of their neighbours ; because they think their designs are too subtle to be perceived. These I say are effects of a false presumption of their own wisdom/^ For of them that are the first movers in the disturbance of commonwealth, which can never happen without a civil war, very few are left alive long enough to see their new designs established so that the benefit of their crimes redoundeth to posterity, and suclfris would least have wished it : which argues they were not so wise as they thought they were. And those that deceive upon hope of not being observed, do commonly deceive themselves, the darkness in which they believe they lie hidden being nothing else but their own blind- ness ; and are no wiser than children, that think all hid by hiding their own eyes. And generally all vain-glorious men, unless they be withal timorous, are subject to anger ; as being more prone than others to interpret for contempt the ordinary liberty of conversation : and there are few crimes that may not be produced by anger. As for the passions of hate, lust, ambition, and covetousness, what crimes they are apt to produce, is so obvious to every man's experience and understanding, as there needeth nothing to be said of them, saving that they are Infirmities, so annexed to the nature, both of man and all other living creatures, as that their effects cannot be hindered but by extraordinary use of reason, or a constant severity in punishing them. For in those things men hate, they find a continual and unavoidable molestation ; whereby either a man's patience must be everlasting, or he must be eased by remov- ing the power of that which molesteth him. The former is difficult ; the latter is many times impossible, without some violation of the law. Am- bition and covetousness are passions also that are perpetually incumbent and pressing ; whereas reason is not perpetually present to resist them : and therefore whensoever the hope of impunity appears, their effects proceed. And for lust, what it wants iii the lasting, it hath in the vehemence, which sufficeth to weigh down the apprehension of all easy or uncertain pun- ishments. cif oil p^ic®''T *e ^SSit-^'^'^-EiiSisJinisiiLaaix.tbsJajaUiath been ordained/; and therefore suBers'as an enemy of the commonwealth; that is, according to the will of the representative. For the punishments set down itf the law, are to subjects, not to enemies ; such as are they, that having been by their own acts subjects, deliberately revolting, deny the sovereign power. The first and most gfeneral distribution of punishments, is into "divine " and "human." Of the former I shall have occasion to speak in a more convenient place hereafter. " Human," are those punishments that be inflicted by the commandment of man; and are either "corporal," or "pecuniary," or "ignominy," or " imprisonment," or " exile," or mixed of these. " Corporal punishment " is that which is inflicted on the body directly, and according to the intention of him that inflictetli it : such as are stripes, or wounds, or deprivation of such pleasures of the body as were before lawfully enjoyed. And of these, some be " capital," some " less" than " capital." Capital, is the infliction of death ; and that either simply or with torment. Less than capital, are stripes,'wounds, chains, and any other corporal pain, not in its own nature mortal. For if upon the infliction of a punishment death follow not in the intention of the inflictor, the punishment is not to be esteemed capital, though the hann prove mortal by an accident not to be foreseen ; in wliich case death is not inflicted, but hastened. " Pecuniary punishment," is that which consisteth not only in the i deprivation of a sum of money, but also of lands, or any other goods which are usually bought and sold for money. And in case the law, that ordaineth such a punishment, be made with design to gather money from such as shall transgress the same, it is not properly a punishment, but the ])iice of privilege and exemption from the law, which doth not absolutely forbid the fact, but only to those that are not able to pay the money : except where the law is natural, or part of religion; for in that case it is not an exemption from the law, but a transgression of it. As where a law exacteth a pecuniary mulct, of them that take the name of God in vain, the payment of the mulct is not the price of a dispensation to swear, but the ]mnishment of the transgression of a law indispensable. In like manner if the law impose a slim of money to be paid to him that has been injured ; this is but a satisfaction for the hurt done him : and exlinguisheth the accusation of the party injured, not the crime of the offender. " Ignominy," is the infliction of such evil as is made dishonourable ; or the deprivation of such good as is made honourable by the commonwealth. For there be some things honourable by nature ; as the effects of courage, magnanimity, strength, wisdom, and other abilities of body and mind : others made honourable by the commonwealth ; as badges, titles, offices, or PUNISHMENTS AND REWARDS. 145 any other singular mark of the sovereign's favour. The former, though they may fail by nature or accident, cannot be taken away by a law ; and therefore the loss of them is not punishment. But the latter may be taken away by the public authority that made them hojiourable, and are properly punishments : such are degrading men condemned of their badges, title', and offices ; or declaring them incapable of the like in time to come. " Imprisonment," is when a. man is by public authority deprived of liberty, and may happen from two divers ends, whereof one is the safe custody of a man accused, the other is the inflicting of pain on a man condemned. The former is not punishment, because no man is supposed to be punished before he be judicially heard and declared guilty. And therefore whatsoever hurt a man is made to sufTer by bonds, or restraint, before his cause be heard, over and above that which is necessary to assure his custody, is against the law of Nature. But the latter is punishment, because evil, and inflicted by public authority, for somewhat that has by the same authority been judged a transgression of the law. Under this word imprisonment, I comprehend all restraint of motion, caused by an external obstacle, be It a house, which is called by the general name of a prison, or an island, as when men ar? said to be confined to it, or a place where men are set to work, as in old time men have been condemned to quarries, and in these times to galleys ; or be it a chain or any other such impedi- ment. " Exile " (banishment) is when a man is for a crime condemned to de- part out of the dominion of the commonwealth, or out of a certain part thereof, and during a prefixed lime, or for ever, not to return into it ; and seemeth not in its own nature, without other circumstances, to be a punish- ment ; but rather an escape, or a public commandment to avoid punishment by flight. And Cicero says, there was never any such punishment ordained in the city of Rome ; but calls it a refuge of men in danger. For if a man banished, be nevertheless permitted to enjoy his goods, and the revenue of his Lands, the mere change of air is no punishment, nor does it tend to that benefit of the commonwealth, for which all punishments are ordained, that is to say, to the forming of men's wills to the observation of the law ; but many times to the damage of the commonwealth. Fora hanished,man is a.lavYfut,,^nemy of, the commonwealth that .baini5hedthini,.as .hfiJDg.no more a member of th e sama. But if he be withal deprived of his lands or goods, then the punishment lieth not in the exile, but is to be reckoned amongst punishments pecuniary. AU punis hments o f innoce nt .s u1J£cts.J)e they great^or_Uttle, ^e-Agaiost th e law'oF f jarutej-j^ punTshnjmt is only for trans^resaon of theiav% and ther efore there can be no ^p uni^E iment^ the ^nocent'I' '^ therefore a viblation,' hfSt, of that law of Nature which forbi33eth all men in their re- venges to look at anything but some futurs_gOOd, for there can arrive no good to the commonwealth by punishing the innocent. Secondly, of that which forbiddeth ingtaiitude : for seeing all sovereign power is originally given by the consent of every one of the subjects, to the end they should as long as they are obedient be protected thereby : the punishment of the innocent is a rendering of evil for good. And thirdly, of the law that com- mandeth pi-]"i'y, that is to say, an equal distribution of justice, which in punishing the innocent is not observed. But the infliction of what evil soever, on an innocent man that is not a subject, if it be for the benefit of the commonwealth, and without violation of any former covenant, is no breach of the law of Nature. For all men that are not subjects, are either enemies, or else they have ceased from being so by some precedent covenants. But against enemies, whom the com- monwealth judgeth capable to do them hurt, it is lawful by the original U^ OP COMMONU^EALtli. right of Nature to make war ; wherein the sword iudgeth not, nor doth tM victor make distinction of nocent and innocent, as to the time past, nor has other respect of mercy than as it conduceth to the good of his own people. And upon this ground it is that also in subjects who deliberately deny the authority of the commonwealth established, the vengeance is law- fully extended, not only to the fathers, but also to the third and fourth generation not yet in "being, and consequently innocent of the fact for which they are afflicted : because the nature of this offence consisteth in the renouncing of subjection, which is a relapse into the condition of war, commonly called rebellion, and they that so offend, suffer not as subjects, but as enemies. For "rebellion" is but war renewed. "Reward" is either of "gift "or by "contract." When by contract, it is called " salary " and " wages ; " which is benefit due for service performed or promised. When of gift, it is benefit proceeding from the " grace " of them that bestow it, to encourage or enable men to do them service. And therefore when the sovereign of a commonwealth appointeth a salary to any public office, he that receiveth it is bound in justice to perform his office ; otherwise, he is bound only in honour to acknowledgment, and an endeavour of requital. For though men have no lawful remedy, when they be commanded to quit their private business, to serve the public, without reward or salary ; yet they are not bound thereto, by the law of Nature, nor by the institution of the commonwealth, unless the servic'e cannot otherwise be done ; because it is supposed the sovereign may niake use of all their means, insomuch as the most common soldier may demand the wages of his warfare as a debt. The benefit which a sovereign bestoweth on a subject, for fear of some power and ability he hath to do hurt to the commonwealth, are not pro- perly rewards ; for they are not salaries ; beeause there is in this case no contract supposed, every man being obliged already not to do the common- wealth disservice : nor are they graces, because they be extorted by fear, which ought not to be incident to the sovereign power : but are rather sacrifices, which the sovereign, considered in his natural person, and not in the person of the commonwealth, makes, for the appeasing the discon- tent of him he thinks more potent than himself ; and encourage not to obedience, but on the contrary, to the continuance and increasing of further extortion. And whereas some salaries are certain, and proceed from the public treasure ; and others UBcertain £md»Gasiial, proceeding from the execution of the office for which the salary is ordained ; the latter is in some cases lim-ffi;i\,tff tiip rnmmnnwpaltli ; as In the case of judicature. For where the benefit of the judges antf ministers of a court of justice ariseth from the multitude of causes that are brought to their cognizance, there must needs follow two inconveniences : one, is the nourishing of suits ; for the more suits, the greater benefit : and another that depends on that, which is con- tention about jurisdiction, each court drawing to itself as many causes as it can. But in offices of execution there are not those inconveniences ; because their employment cannot be increased by any endeavour of their own. And thus much shall suffice for the nature of punishment and re- ward ; which are, as it were, the nerves and tendons that move the limbs and joints of a commonwealth. ' Hitherto I have set forth the nature of man, whose pride and other passions have compelled him to submit himself to government : tt^ether with the great power of his governor, whom I compared to " Leviathan," taking that comparison out of the two last verses of the one-and-fortieth of Job ; where God, having set forth the great power of " Leviathan," calleth him king of the proud. " There is nothing," saith he, "on earth DISSOLUTION OF COMMONWEALTHS. 147 to be compared with him. He is made so as not to be afraid. Hg- seeth every high thing below him ; and is king of all the children of pride." But because he is mortal, and subject to decay, as all other earthly creatures are ; and because there is that in heaven, though not on earth, that he should stand in fear of, and whose laws he ought to obey ; I shall in the next following chapter speak of his diseases, and the causes of his mor- tality ; and of what laws of Nature he is bound to obey. CHAPTER XXIX. Of those Things that Weaken, or tend to the Dissolution of a Commonwealth. Though nothing can be immortal which mortals make, yet if men had the use of reason they pretend to, their commonwealths might be secured, at least from perishing by internal diseases. For by the nature of their insti- tution, they are designed to live as long as mankind, or as the laws of Nature or as justice itself, which gives them life. Therefore when they come to be dissolved, not by external violence, but intestine disorder, the fault is not in men, as they are the "matter;" but as they are the ■" makers," and orderers of them. For men, as they become at last weary of irregular jostling and hewing one another, and desire with all their hearts to conform themselves into one firm and lasting edifice : so for want, both of the art of making fit laws, to square their actions by, and also of humility and patience, to suffer the rude and cumbersome points of their present greatness to be taken off, they cannot without the help of a very able architect, be compiled into any other than a crazy building, such as hardly lasting out their own time, must assuredly fall upon the heads of their posterity. Amongst the " infirmities " therefore of a commonwealth, I will reckon in the first place, those that arise from an imperfect institution, and resemble the diseases of a natural body, which proceed from a defectuous pro- creation. ' . Of which this is one, "that a man to obtain a kingdom, is sometimes t_fi^ fl»hnt<. ^yjfVi thpurifilYI" and dispute the commands of the commonwealth ; and afterwards to obey or disobeyjhem, as intheir_paiirate judgments they shall think fit ; whereby ge commonTJEaltiris distracted and "weakened." Another doctrine repugnant to civil society, is, that " whatsoever a man 5oes against his conscience is sin ;" and it dependeth on the presumption [of making himself judge of go6d and evil. For a man's conscience and his judgment is the same thing, and as the judgment.so also the conscience may be erroneous. Therefore, though he that is subject to no civil law, sinneth in all he does against his conscience, because he has no other rule to follow but his own reason ; yet it is not so with him that lives in a commonwealth ; because the law is the public conscience, by which he hath already uiider- taken to be guided. Otherwise in such diversity, as there is of private consciences, which are but private opinions, the commonwealth must needs be distracted, and no man dare to obey the sovereign power, further than it shall seem good in his own eyes. /it hath been also commonly taught, "that faith and sanctity, are not to tie attained by study and reason, but by supernatural inspiration or infusion." 'Which granted, I see not why any man should render a reason of his faith ; or why every Christian should not be also a prophet ; or why any man slrould take the law of his country rather than his own inspiration for the rule of his action. And thus we fall again in the fault of taking upon us to judge of good and evil ; or to make judges of it, such private men as pre- tend to be supematurally inspired, to the dissolution of all civil govern- ment. Faith comes by heaving, and hearing by those accidents which guide us into the presence of them that speak to us ; which accidents are all contrived by God Almighty ; and yet are not supernatural, but only, for the great number of them that concur to every effect, unobservable. Faith and sanctity are indeed not very frequent ; but yet they are not miracles, but brought to pass by education, discipline, correction, and other natural ways, by which God worketh them in His elect, at such times as He thinketh fit. And these three opinions, pernicious to peace and ggvernpent, hav? DISSOLUTION OF COMMONWEALTHS. 149 m this part of the world, proceeded chiefly from the tongues and pens of unlearned divines, who joining the words of Holy Scripture together, otherwise than is agreeable to reason, do what they can to make men think Jt sanctity and naturaF reason cannot stand together. V fourth opinion, repugnant to the nature of a commonwealth, is this, hat he that hath the sovereign power is subject to the civil laws." It is e, that sovereigns are all subject to the laws of Nature; because such laws uc divine, and cannot by any man or commonwealth be abrogated. But to those laws which the sovereign himself, that is, which the commonwealth maketh, he is not subject. For to be subject to laws is to be subject to the commonwealth, that is to the sovereign representative, that is to himself ; which is not subjection, but freedom from the laws. Which error, because it setteth the laws above the sovereign, setteth also a judge above him and a power to punish him ; which is to make a new sovereign ; and again for the same reason a third, to punish the second ; and so continually without end, to the confusion and dissolution of the commonwealth. / A fifth doctrine that tendeth to the dissolution of a commonwealth is, y that every private man has an absolute propriety in his goods ; such as (excludeth the right of the sovereign." Every man has indeed a propriety that excludes the right of every other subject : and he has it only from tlie sovereign power ; without the protection whereof every other man should have equal right to the same. But if the right of the sovereign also be excluded, he cannot perform the office they have put him into ; which is, to defend them both from foreign enemies, and from the injuries of one another ; and consequently there is no longer a commonwealth. And if the propriety of subjects exclude not the right of the sovereign representative to tlieir goods ; much less to their offices of judicature or execution, in which they represent the sovereign himself. There is a sixth doctrine plainly and directly against the essence of i commonwealth ; and it is this, ' ' that the sovereign power may be dividedV' For what is it to divide the power of a commonwealth, but to dissolve it ; for powers divided mutually destroy each other. And for these doctrines men are chiefly beholding to some of those that making profession of the laws, endeavour to make them depend upon their own learning, and not upon the legislative power. And as false doctrine, so also oftentimes the example of different govern- ment in a neighbouring nation, disposeth men to alteration of the form already settled. So the people of the Jews were stirred up to reject God, and to call upon the prophet Samuel for a king after the manner of the nations : so also the lesser cities of Greece were continually disturbed wiih seditions of the aristocratical and democratical factions ; one part of almost every commonwealth desiring to imitate the Lacedemonians ; the other the Athenians. And I doubt not but many men have been contented to see the late troubles in England out of an imitation of the Low Countries ; sup- posing there needed no more to grow rich than to change, as they had done, the form of their government. For the constitution of man's nature is of itself subject to desire novelty. When therefore they are provoked to the same by the neighbourhood also of those that have been enriched by it, it is almost impossible for them not to be content with those that solicit them to change ; and love the first beginnings, though they be grieved with the continuance of disorder ; like hot bloods, that having gotten the itch, tear themselves with their own nails, till they can endure the smart no longer. And as to rebellion in particular against monarchy; one of the most frequent causes of it is the reading of the books of policy and histories of the ancient Greeks and Romans ; from which young men, and all others ijo OF COMMONWEALTH. that are unprovided of the antidote of solid reason, receiving a strong and delightful impression of the great exploits of war, achieved by the con- ductors of their armies, receive Vfithal a pleasing idea of all they have done besides ; and imagine their great prosperity, not to have proceeded from the emulation of particular men, but from the virtue of their popular form of government : not considering the frequent seditions, and civil wars, produced by the imperfection of their policy. From the reading, I say, of such books, men have undertaken to kill their kings, because the Greek and Latin writers, in their books and discourses of policy, make it lawful and laudable for any man so to do ; provided, before he do it, he call him tyrant. For they say not " regicide," that is, killing a king, but " tyran- nicide," that is, killing of a tyraiit is lawful. ITrora the same books, they that live under a monarch conceive an opinion, that the subjects in a popular commonwealth enjoy liberty ; but that in a monarchy they are all slaves. I say, they that live under a monarchy conceive such an opinion ; not they that live under a popular government : for they find no such matter. In sum, I cannot imagine how anything can be more prejudicial to a monarchy than the allowing of such books to be publicly reaid, without present applying such correctives of discreet masters, as are fit to take away their venom : which venom I will not doubt to compare to the biting of a mad dog, which is a disease the physicians call "hydrophobia," or '-fear of water." For as he that is so bitten has a continual torment of thirst, and yet abhorreth water; and is in such an estate, as if the poison endea- voured to convert him into a dog : so when a monarchy'fe'^Bce Jjitten to the quick by those democratical writers, that continually snarl at^hat estate ; it wanteth nothing more than a strong monarch, which nevertheless out of a certain " tyrannophobia," or fear of being strongly governed, when they have him, they abhor. As there have been doctors that hold there be three souls in a man ; so there be also that think there may be more souls, that is, more sovereigns, than one in a commonwealth ; and set up a " supremacy " against the "sove- reignty;" " canons " against "laws;" and a " ghostly authority " against the "civil;" working on men's minds with words, and distinctions, that of themselves signify nothing, but bewray by their obscurity ; that there walketh, as some think, invisibly another kingdom, as it were a kingdom of fairies, in the dark. Now seeing it is inanifest that the civil power and the power of the commonwealth is the same thing ; and that supremacy, and the power of making canons, and granting faculties, implieth a common- wealth ; it foUoweth that where one is sovereign, another supreme ; where one can make laws, and another make canons ; there inust needs be two commonwealths, of one and the same subjects ; which is a kingdom divided in itselfi and cannot stand. F or notwithstanding the insig nificant distJBCtjgB of-^UetHf>oraLiiaiid.li.£ hostly," they are still two EiUgg j^Sr and evegLSufeje ct is subjec t toj^sa-jaaster^ s of SJKBniy the ' ' gliostly " power challengetiTtLe right TcTEeclare what is sin, it challengeth by consequence to declare what is law,- sin being nothing but the transgression of the law ; and again, the civil power challenging to declare what is law, every subject must obey two masters, who both will have their conimands be observed as law ; which is impossible. Or, if.it be but one kingdom, either the " civil," which is the power of the commonwealth, must be subordinate to the "ghostly," and then there is no sovereignty but the "ghostly;" or the "ghostly " must be subordinate to the " temporal," and then there is no "supremacy" but the "temporal." When therefore these two powers oppose one another, the commonwealth caimot but be in great danger of civil war and dissolution. For the "civil" authority being more visible, a!i4 standing in the clearer light of iiatural reason, cannot choose but dra\V DlSSOLUTJON OF COMMOhlWEALtHS. iji to it in all times a very considerable part of the people : and the " spiritual," though it stand in the darkness of school distinctions, and hard words, yet because the fear of darkness and ghosts is greater than other fears, cannot want a party sufficient to trouble, and sometimes to destroy a common- wealth. And this is a disease which may not unfitly be compared to the epilepsy, or falling sickness, which the Jews took to be one kind of possession by spirits, in the body natural. For as in this disease, there is an unnatural spirit, or wind in the head that obstructeth the roots of the nerves, and moving them violently, taketh away the motion which naturally they siiould have from the power of the soul in the brain, and thereby causeth violent and irregular motions which men call convulsions in the parts ; insomuch that he that is seized therewith, falleth down sometimes into the water, and sometimes into the fire, as a man deprived of his senses ; so also in the body politic, when the spiritual power nioveth the members of a commonwealth, by the terror of punishments and hope of rewards, which are the nerves of it, otherwise than by the civil power, which is the soul of the commonwealth, they ought to be moved ; and by strange and hard words suffocate their understanding, it must needs thereby distract the people, and either overwhelm the commonwealth with oppression, or cast it into the fire of a civil war. Sometimes also in the merely civil government, there be more than one j ?>', , soul ; as when the power of levying money, which is the nutritive faculty, ^^ has depended on a general assembly ; the power of conduct and command, which is the motive faculty, on one man ; and the power of making laws, which is the rational faculty, on the accidental consent, not only of those two, but also of a third ; this endangereth the commonwealth, sometimes for want of consent to good laws, but most often for want of such nourish- ment as is necessary to life and motion. For although few perceive that such government is not government, but division of the commonwealth into three factions, and call it mixed monarchy ; yet the truth is that it is not one independent commonwealth, but three independent factions ; nor one representative person, but three. In the kingdom of God, there may be three persons independent, without breach of unity in God that reigneth ; but where men reign that be subject to diversity of opinions, it cannot be so. And therefore if the king bear the person of the people, and the general assembly bear also the person of the people, and another assembly bear the person of a part of the people, they are not one person, nor one sovereign, but three persons, and three sovereigns. To what disease in the natural body of man I may exactly compare this irregularity of a commonwealth, I know not. But I have seen a man, that had another man growing out of his side, with a head, arms, breast and stomach of his own ; if he had had another man growing out of his other side, the comparison might then have been exact. Hitherto I have named such diseases of a commonwealth as are of the greatest and most present danger. There be other not so great, which nevertheless are not unfit to be observed. As first, the difficulty of raising money for the necessary uses of the commonwealth, especially in the ap-" proach of war. This difficulty ariseth from the opinion that every subject hath a propriety in his lands and goods, exclusive of the sovereign's right to the use of the same. From whence it cometh to pass that the sovereign power, which foreseeth the necessities and dangers of the commonwealth, finding the passage of money to tU? publie treasury obstructed by the tenacity of the people, whereas it ought to extend itself to encounter and prevent such dangers in their beginnings, contracteth itself as long as it can, and when it cannot longer, struggles with the people by stratagems of law, to obtain little sums, which not sufficing, he is fain at last violently to open 152 OP COMMONWEALTH. the way for present supply, or perish ; and being put often to these extremi- ties, at last reduceth the people to their due temper, or else the common- wealth must perish. Insomuch as we may compare this distemper very nptly to an ague, wherein, the fleshy parts being congealed, or by venomous matter obstructed, the veins which by their natural course empty themselves into the heart, are not, as they ought to be, supplied from the arteries, whereby theie succeedeth at first a cold contraction and trembling of the limbs ; and afterward a hot and strong endeavour of the heart, to force a passage for the blood ; and before it can do that, contenteth itself with the small refreshments of such things as cool for a time, till, if nature be strong enough, it break at last the contumacy of the parts obstructed, and dissipateth the vemon into sweat ; or, if nature be too weak, the patient dielh. ,^ Again, there is sometimes in a commonwealth, a disease which resembleth the pleurisy ; and that is, when the treasure of the commonwealth, flowing { ■ ^ out of its due course, is gathered together in too much abundance, in one iw' or a few private men, by monopolies or by farms of the public revenues ; \ !*>> in the same manner as the blood in a pleurisy, getting into the membrane •6 of the breast, breedeth there inflammation, accompanied with a fever and /£ painful stitches. s ^i Also the populariiy of a potent subject, unless the commonwealth have " i ^/^ very good caution of his fidelity, is a dangerous disease ; because the people •^ which should receive their motion from the authority of the sovereign, by , " the flattery and by tlie reputation of an ambitious man are drawn away "5 ^ from their obedience to the laws, to follow a man, of whose virtues and ■i designs they have no knowledge. And this is commonly of more danger in a popular government than in a monarchy ; because an army is of so great force and multitude, as it may easily be made believe they are the people. By this means it was that Julius Csesar, who was set up by the people against the senate, having non to himself the affections of his army, made himself master both of senate and people. And this proceeding of popular and ambitious men, is plain rebellion ; and may be resembled to the effects of witchcraft. Another infirmity of a commonwealth is the immoderate greatness of a town, when it is able to furnish out of its own circuit the number and expense of a great army : as also the great number of corporations ; which are as it were many lesser commonwealths in the bowels of a greater, like worms in the entrails of a natural man. To which may be added the liberty of disputing against absolute power, by pretenders to political prudence ; which though bred for the most part in the lees of the people, yet animated by false doctrines, are perpetually meddling with the fundamental laws, to the molestation of the commonwealth ; like the little worms, which phy- sicians call ascarides. "We may furiher add, the insatiable appetite, or /SouXi^ia, of enlarging dominion ; with the incurable " wounds " thereby many times received from the enemy ; and the " wens " of ununited conquests, which are many times a burthen, and with less danger lost than kept : as also the "lethargy" of ease and "consumption" of riot and vain expense. Lastly, when in a war, foreign or intestine, th&-e ncmio c gct -a final yJiAssif-f so as, the forces of the commonwealth keeping the field no longer, there4s-HO-fiiLtlie i_r>rot ecfio n of subjects in their loyalty ; thfn in thp com- ^i!I!"'??-'J^ " '^'■''""''^'^'^r" im^ .mn "'a'T-kt^liberty to OTo tect "h imgelLby liTch courses as_his jiwn dis^;^igi_s35alsugge5t untoTTimrToFTlTe sovereign isTE?~pubric souT, giving life and motion to the commonwealth ; which expiring, the members are governed by it no more, than the carcase of a man, by his departed, though immortal soul. For though the right of a THE OFFICE OF THE SOVEREIGN. 153 sovereign monarch cannot be extinguished by the act of another ; yet the oliligation of the members may. For he that wants protection may seek it anywhere ; and when he hath it, is obliged, without fraudulent pretence of having submitted himself out of fear, to protect his protection as long as he is able. But when the power of an assembly is once suppressed, the right of the same perisheth utterly ; because the assembly itself is extinct; and consequently there is no possilaility for the sovereignty to re-enter. CHAPTER XXX. Of the Ogice of the Sovereign Representative, The nffi^/.nf tv.f cn^r^fgim,^ be it a monarch or an assembly, c onsisteth in tlie_e nd for which he wastru s^>■d witTi tlig„gnvpip;£'n pt^yyffr, T)am''ly, thf pro- cutat Sn^l " the safety of the people \" to which he is obliged by the law of Nature, and to render an account thereof to God, the author of that law, and to none but Him. But by safety here, is notjneant a bare preservation, but also all other con):enlments of life. whidLey^JTrian ■by:toLiful 3naustry, without danger or hurt to the commonwealth, shall acquire to Jiimself. And this is intended should be done, not by care applied to individuals, further than their protection from injuries when they shall complain ; but by a general providence contained in public instruction, both of doctrine and example ; and in the making and executing of good laws„ to which individual persons may apply their own cases. And because, if the essential rights of sovereignty, specified before in the eighteenth chapter, be taken away, the commonwealth is thereby dissolved, and every man retumeth into the condition and calamity of a war with every other man, which is the greatest evil that can happen in this life ; it is the office of the sovereign to maintain those rights entire ; and consequently against his duty, first, to transfer to another, or to lay from himself any of them. For he that deserteth the means, deserteth the ends ; and he deserteth the means, that being the sovereign, acknowledgeth himself subject to the civil laws ; and renounceth the power of supreme judicature, or of making war or peace by his own authority ; or of judging of the necessities of the commonwealth ; or of levying money and soldiers, whe;i, and as much as in his own conscience he shall judge necessary ; or of making officers, and ministers both of war and peace ; or of appointing teachers, and examining what doctrines are conformable or contrary lb the defence, peace, and good of the people. Secondly, it is against his duty to let the people be ignorant, or misinformed of the grounds and reasons of those his essential rights ; because thereby men are easy to be seduced, and drawn to resist him, when the commonwealth shall require their use and exercise. And the grounds of these rights have the rather need to be diligently and truly taught ; because they cannot be maintained by any civil law, or terror of legal punishment. For a civil law that shall forbid rebellion, (and such is all resistance to the essential rights of the sovereignty,) is not, as a civil law, any obligation, but by virtue only of the law of Nature, that forbiddeth the violation of faith : which natural obligation, if men know not, they cannot know the right of any law the sovereign maketh. And for the punishment, they take it but for an act of hostility ; which when they think they have strength enough, they will endeavour by acts of hostility to avoid. 154 OF COMMONWEALTH. As I have heard some say, that justice is but a word, without substance ; and that whatsoever a man can by force or art acquire to himself, not only in the condition of war, but also in a commonwealth, is his own, which I have already showed to be false : so there be also that maintain, that there are no grounds, nor principles of reason, to sustain those essential rights which make sovereignty absolute. For if there were, they would have been found out in some place or other ; whereas we see there has not hitherto been any commonwealth, where those rights have been acknowledged or challenged. Wherein they argue as ill, as if the 'savage people of America should deny there were any grounds, or principles of reason, so to build a house as to last as long as the materials, because they never yet saw any so well built. Time and industry produce every day new knowledge. And as the art of well building- is derived from principles of reason, observed by industrious men, that had long studied the nature of materials, and the divers effects of figure and proportion, long after mankind beganv though poorly, to build ; so, long time after men have begun to constituteA commonwealths, imperfect, and apt to relapse into disorder, there may principles of reason be found out, by industrious meditation, to ma ke their 1 constitution, excepting by external violence, everlasting. And--sUcli are \ those which I have in this discourse set forth : which whether they come not t into the sight of those that have power to make use of them, or be neglected-'^ by them, or not, concemeth my particular interests, at this day, very little. But supposing that these of mine are not such principles of reason ; yet I am sure they are principles from authority of Scripture ; as I shall make it appear, when I shall come to speak of the kingdom of God, administered by Moses, over the Jews, His peculiar people by covenant. But they say again, that though the principles be right, yet common people are not of capacity enough to be made to understand (hem. I should be glad that the rich and potent subjects of a kingdom, or thc«e that are accounted the most learned, were no less incapable than they. But all men know that the obstructions to this kind of doctrine proceed, not so much from the difficulty of the matter as from the interest of them that are to learn. Potent men digest hardly anjrthing that setteth up a power to bridle their affections; and learned men anything that discovereth their errors, and thereby lesseneth their authority : whereas the common people's minds, unless they be tainted with dependence on the potent, or scribbled over with the opinions of their doctors, are like clean paper, fit to receive whatsoever by public authority shall be imprinted in them. Shall whole nations be brought to " acquiesce" in the great mysteries of the Christian religion, which are above reason, and millions of men be made believe that thesame bodyniay be in innumerable places at one and the same time, which is against reason ; and shall not men be able, by their teaching and preaching, protected by the law, to make that received which is so con- sonant to reason, that any unprejudicated man needs no more to learn it than to hear it ? I conclude therefore that in the instruction of the people in the essential rights which are the natural and fundamental laws of sove- reignty there is no difficulty, whilst a sovereign has his power entire, but what proceeds from his own fault, or the fault of those whom he tmsteth in the administration of the commonwealth ; and consequently It is his duty to c ause them so to be insti- ucted/: and not only his duty, but his benefit also, and security agamst lUe ilaiiy'r.p1>. l equireth further, from him or them that have the sovereign power, th at justice be eoua lly administered to all_de^rees of peopW ; that is, that as well the rich and mighty, as poor aJTd otscure persons, may be righted of the injuries done them ; so as the great may have no greater hope of impunity, when they do violence, dishonour, or any injury to the meaner sort, than when one of these does the like to one of them : for in this consisteth equity ; to which, as being a precept of the law of Nature, a sovereign is as much subject as any of the meanest of his people. All breaches of the law are offences against the common- wealth : but there be some that are also against private persons. Those that concern the commonwealth only may without breach of equity be pardoned, for every man may pardon what is done against himself, according to his own discretion. But an offence against a private man cannot in equity be pardoned, without the consent of him that is injured, or reasonable satis- faction. The inequality of subjects proceedelh from the acts of sovereign power ; and therefore has no more place in the presence of the sovereign, that is to say, in a court of justice, than the inequality between kings and their subjects, in the presence of the King of kmgs. The honour of great persons is to be valued for their beneficence and the aids they give to men of inferior rank, or not at all. And the violences, oppressions, and injuries they do, are not extenuated, but aggravated by the greatness of their persons ; because they have least need to commit them. The consequences of this partiality towards the great, proceed in this manner. Impunity makelh insolence ; insolence, hatred ; and hatred, an endeavour to pull down all oppressing and contumelious greatness, though with the ruin of the com- monwealth. To equal justice appertaineth also the equal imposition of taxes ; the equality whereof dependeth not on the equality of riches, but on the equality of the debt that every man oweth to the commonwealth for his defence. It is not enough for a man to labour for the maintenance of his life ; but also to fight, if need be, for the securing of his labour. They must either do as the Jews did after their return from captivity, in re-edifying the temple, build with one hand, and hold the sword in the other ; or else ihey must hire others to fight for them. For the impositions that are laid on the people by 158 OF COMMONWEALTH, the sovereign power, are nothing else but the wages due to them tliat hold the public sword to defend private men in the exercise of their several trades and callings. Seeing then the benefit that every one receiveth thereby, is the enjoyment of life, which is equally dear to poor and rich ; the debt which a poor man oweth them that defend his life, is the same which a rich man oweth for the defence of his ; saving that the rich, who have the service of the poor, may be debtors not only for their own persons but for many more. Which considered, the equality of imposition, con- sisteth rather in the equality of that which is consumed than of the riches of the persons that consume the same. For what reason is there that he which laboureth much, and sparing the fruits of his labour, consumeth little, should be more charged than he that living idly, getteth little, and spendeth all he gets ; seeing the one hath no more protection from the commonwealth than the other ? But when the impositions are laid upon those things which men consume, every man payeth equally for what he useth : nor is the commonwealth defrauded by the luxurious waste of private men. And whereas many men, by accident - inevitable, become unable to maintain themselves by their labour ; they ought not to be left to the charity of private persons ;. but to be provided for, as far forth as the necessities of nature require by the laws of the commonwealth. For as it is uncharita- bleness in any man to neglect the impotent ; so it is in the sovereign of a commonwealth to expose them to the hazard of such uncertain charity. ButiiBi suqJj^ have^strojig bodies, the case is otherwise : thejl.aJS_tS_be fiiiced.lojKprJT^nd'£o avoid the excuse of not finding employment, there ought to be such laws as may encourage all manner of arts, as navigation, agriculture, fishing, and all manner of manufacture that requires labour. The multitude of poor and yet strong people still increasing, they are to be transplanted into countries not sufficiently inhabited : where nevertheless, they are not to exterminate those thiy find there ; but constrain them to inhabit closer together, and not to range a great deal of ground to snatch what they find ; but to court each little ^lot with art and labour, to give them their sustenance in due season. And when all the world is over- harged with inhabitants, then the last Vemedy of all is war; which pro- ideth for every man, by victory or death^ To the care of the sovereign belongetn the making of good laws. But what is a good law? By a good law I mean not a just law, for no law can be unjust. The law is made by the sovereign power, and all that is done by such power is warranted and owned by every one of the people ; and that which evefy man will have so, no man can say is unjust. It is in the laws of a commonwealth as in the laws of gaming : whatsoever the gamesters all agree on, is injustice to none of them. A good law is that which is " needful " for the "good of the people," and withal " perspicuous." J For the use of laws, which are but rules authorized, is not to bind the [people from all voluntary actions ; but to direct and keep them in such a Ipnotion as not to hurt themselves by their own impetuous desires, rashness, "or indiscretion ; as hedges are set, not to stop travellers, but to keep them in their way. And therefore a law that is not needful, having not the true end of a law, is not good. A law may be conceived to be good, when it is for the benefit of the sovereign ; though it be not necessaiy for the people ; but it is not so. For the good of the sovereign and people cannot be sepa- rated. It is a weak sovereign that has weak subjects ; and a weak people, whose sovereign wanteth power to rule them at his will. Unnecessary laws are not good laws ; but traps for money : which where the right of sovereign power is acknowledged, are superfluous ; and where it is not acknowledgedi insufficient to defend the people. ^TH^^OFFICE OF THE SOVEREIGN. 159 The perspicuity consisteth not so much in the words of the law itself, as in a declaration of the causes and motives for which it was made. That is it that shows the meaning of the legislator ; and the meaning of the legis- lator known, the law is more easify understood by few than many words. For all words are subject to ambiguity ; and therefore multiplication of words in the body of the law is multiplication of ambiguity : besides it seems to imply, by too much diligence, that whosoever can evade the words, is without the compass of the law. And this is a cause of many unnecessary processes. For when I consider how short were the laws of ancient times, and how they grew by degrees still longer, methinks I see a contention between the penners and pleaders of the law ; the former seek- ing to circumscribe the latter, and the latter to evade their circumscriptions, and that the pleaders have got the victory. It belongeth therefore to the oiBce of a legislator (such as is in all commonwealths the supreme repre- sentative, be it one man or an assembly) to make the reason perspicuous why the law was made ; and the body of the law itself as short, but in as proper and significant terms, as may be. It belongeth also to the office of the sovereign to make a right application of punishments and rewards. And seeing the end of punishing is not revenge and discharge of choler ; but correction either of the offender or of others by his example; the severest punishmeiits are. tcie-inflieted for those crimes tha t. are _qL most danger to the jublic; such as are those wftich proceed from malice to the government fetablished; those that spring from contempt of justice ; those that provoke indignation in the multitude; and those, which unpunished, seem authorized, as when they are committed by sons, servants, or favourites of men in authority. For indignation carrieth men not only against the actors and authors of injustice ; but against all power that is likely to protect them ; as in the case of Tarquin ; when for the insolent act of one of his sons, he was driven out of Rome, and the monarchy itself dissolved. But crimes of infirmity, such as are those which proceed from great provocation, from gieat fear, great need, or from ignorance whether the fact be a great crime or not, there is place many times for lenity, without prejudice to the commonwealth ; and lenity, when there is such place for it, is required by the law of Nature. The punishment of the leaders and teachers in a commotion, not the poor seduced people, when they are punished, can profit the commonwealth by their example. To be severe to the people, is to punish that ignorance which may in great part be imputed to the sovereign, whose fault it was that they were no better instructed. In like manner it belongeth to the office and duty of the sovereign, to apply his rewards always so, as there may arise from them benefit to the commonwealth ; wherein consisieth their use and end ; and is then done, when they that have well served the commonwealth, are with as little expense of the common treasure as is possible, so well recompensed as others thereby may be encouraged, both to serve the same as faithfully as they can, and to study the arts by which they may be enabled to do it better. To buy with money, or preferment, from a popular ambitious subject, to be quiet and - desist from making ill impressions in the minds of the people, has nothing of the nature of reward ; (which is ordained not for disservice, but for service past ;) nor a sign of gratitude, but of fear ; nor does it tend to the benefit, but to the damage of the public. It is a contention with ambition, like that of Hercules with the monster Hydra, which having' many heads, for every one that was vanquished, there grew up three. For in like manner, when the stubbornness of one popular man is overcome with reward, there arise many more by the example, that do the same mischief in hope of like benefit : and as all sorts of manufacture, so also malice i6o OF COMMONWEALTH. increasetli by being vendible. And though Eomelimes a civil wiir may be deferred by such ways as that, yet the danger grows still the greater, and the public ruin more assured. It i| therefore agaiast-. thg" ly : where not man, but God reigneth ; whose laws, such of them as oblige all mankiml in respect of God, as He is the author of Nature, are "natural ; " and in respect of the same God, as He is King of kings, are " laws." But ofthe kingdom of God, as King of kings, and as King also of a peculiar people, I shall speak in IJie rest of this discourse. i62 OF COMMONWEALTH, x:hapter XXXI. Of the Kingdom of God by Naittre. That the condition of mere nature, that is to say, of absolute liberty, such as is theirs that neither are sovereigns nor subjects, is anarchy and the condition of war : that the precepts by which men are guided to avoid that condition are the laws of Nature : that a commonwealth, without sovereign power, is but a word without substance, and cannot stand : that subjects owe to sovereigns simple obedience, in all things wherein their obedience is not repugnant to the laws of God, I have sufficiently proved in that which I have already written. There wants only, for tlie entire knowledge of civil duty, to know what are those laws of God. For without that a man knows not, when he is commanded anything by the civil power, whether it be contrary to the law of God or not : and so, either by too much civil obedience, offends the Divine Majesty ; or through fear of offending God, transgresses the commandments of the commonwealth. To avoid both these rocks, it is necessary to know what are the laws divine. And seeing the knowledge of all law dependeth on the knowledge of the sovereign power, I shall say something, in that which foUoweth, of the "Kingdom of God." "God is king, let the earth rejoice," saith the Psalmist (xcvii. i). And ^ain (Psalm xcix. i) : " God is king, though the nations be angry ; and he that sitteth on the cherubims, though the earth be moved. " Whether men will or not, they must be subject always to the divine power. By denying the existence or providence of God, men may shake off their ease, but not their yoke. But to call this power of God, which extendeth itself not only to man, but also to fceasts and plants and bodies inanimate, by the name of kingdom, is but a metaphorical use of the word. For he only is properly said to reign that governs his subjects by his word, and by promise of rewards to those that obey it, and by threatening them with punishment that obey it not. Subjects therefore in the kingdom of God are not bodies inanimate nor creatures irrational ; because they understand no precepts as His : nor atheists, nor they that believe not that God has any care of the actions of mankind ; because they acknowledge no word for His, nor have hope of His rewards or fear of His threalenings. They therefore that believe there is a God that governeth the world, and hath given precepts, and propounded rewards and punishments to mankind, are God's subjects ; all the rest are to be understood as enemies. To rule by words, requires that such words be manifestly made known, for else they are no laws : for to the nature of laws belongeth a sufficient and clear promulgation, such as may take away the excuse of ignorance ; which in the laws of men is but of one only kind, and that is, proclamation or promulgation by the voice ot man. But God declareth His laws three ways: by the dictates of " natural reason," by "revelation," and by the "voice" of some " man," to whom by the operation of miracles he pro- cureth credit with the rest. From hence there ariseth a triple word of God, "rational," " sensible," and "prophetic:" to, which correspondeth a triple hearing, "right reason," "sense supernatural," and "faith." As for sense supernatural, which consisteth in revelation or inspiration, there have not been any universal laws so given, because God speaketh not in that manner but to particular persons, and to divers men divers things. From the difference between the other two kinds of God's word, "rational" THE KINGDOM OF GOD. 163 and "prophetic," there may be attributed to God a twofold kingdom, "natural" and "prophetic;" natural, wherein He governeth as many of mankind as acknowledge His providence by the natural dictates of right reason ; and prophetic, wherein having chosen out one peculiar nation, the Jews, for His subjects. He governed them, and none but them, not only by natural reason, but by positive laws, which He gave them by the mouths of His holy prophets. Of the natural kingdom of God I intend to speak in this chapter. The right of nature, whereby God reigneth over men, and punislieth those that break His laws, is to be derived not from His creating them, as if He required obedience as of gratitude for His benefits, but from His "irresistible power." I have formerly shown how the sovereign right arisetli from pact ; to show how the same rigjit may nrise from nature, requires no more but to show in what case it is never taken away. Seeing all men by nature had right to all things, they had right every one to reign over all the rest. But because this right Could not be obtained by force, it concerned the safety of every one, laying by that right, to set up men, with sovereign authority, by common consent, to rule and defend them : whereas if there had been any man of power irresistible, there had been no reason why he should not by that power have ruled and defended both himself and them, according to his own discretion. To those therefore whose power is irresistible, the dominion of all men adhereth naturally by their excellence of power ; and consequent ly it is from that power that the kingdom over men, and the right of afflicting men at His pleasure, belongeth naturally to God Almighty ; not as Creator and gracious, but as omnipotent. And though punishment be due for sin only, because by that word is understood affliction for sin ; yet the right of afflicting is not always derived from men's sin, but from God's power. This question, "why evil men often prosper, and good men suffer ad- versity," has been much disputed by the ancient, and is the same with this of ours, ' ' by what right God dispenseth the prosperities and adversities of this life ; " and is of that difficulty, as it hath shaken the faith not only of the vulgar, but of philosophers, and which is more, of the saints, concern- ing the Divine Providence. " How good," saith David (Psalm Ixxiii. 1,2, 3) " is the God of Israel to those that are upright in heart ; and yet my feet were almost gone, my treadings had well-nigh slipt : for I was grieved at the wicked, when I saw the ungodly in such prosperity." And Job, how earnestly does he expostulate with God for the many afflictions he suffered, notwithstanding hii righteousness ? This question in the case of Job is decided by God Himself, not by arguments derived from Job's sin, but His own power. For whereas the friends of Job drew their arguments from his affliction to his sin, and he defended himself by the conscience of his innocence, God Himself taketh up the matter, and having justified the affliction by arguments drawn from His power, such as this (Job xxxviii. 4), " Where wast thou when I laid the foundations of the earth ?" and the like, both approved Job's innocence, and reproved the erroneous doctrine of his friends. Conformable to this doctrine is the sentence of our Saviour, con- cerning the man that was born blind, in these words : "Neither hath this man sinned, nor his fathers : but that the works of God might be made manifest in him. " And though it be said, ' ' that death entered into the world by sin " (by which is meant, that if Adam had never sinned, he had never died, that is, never suffered any separation of his soul from his body), it follows not thence, that God could not justly have afflicted him, though he had not sinned, as well as He afflicteth other living creatures that can- not sin. Having spoken of the right of God's sovereignty, as grounded- only on F 3 i64 Of COMMONWEALTH. nature ; we are to consider next, what are the Divine laws, or dictates of natural reason ; which laws concern either the natural duties of one man to another, or the honour naturally due to our Divine Soversign. The first are the same laws of Nature, of which I have spoken already iri the four- teenth and fifteenth chapters of this treatise ; namely, equity, justice, mercy, humility, and the rest of the moral virtues. It remaineth therefore that we consider what precepts are dictated to men, by their natural reason only, without other word of God, touching the honour and worship of the Divine Majesty. Honour consisteth in the inward thought and opinion of the power and goodness of another ; and therefore to honour God, is to think as highly of His power and goodness as is possible. And of that opinion, the external signs appearing in the words and actions of men are called " worship ;" which is one part of tliat which the Latins understand by the word cultus. For cullus signifieth properly and constantly that labour which a man bestows on anything, with a purpose to make benefit by it. Now those things whereof we make benefit, are either subject to us, and the profit they yield followeth the labour we bestow upon them, as a na'ural effect ; or they are not subject to us, but answer our labour, according to their own wills. In ihe first sense the labour bestowed on the earth is called " culture ;'• and the education of children, a "culture " of their minds. In the second sense, where men's wills are to be wrought to our purpose, not by force, but by complaisance, it signifieth as much as courting, that is, a winning of favour by good offices ; as by praises, by acknowledging their power, and by whatsover is pleasing to them from whom we look for any benefit. And this is properly ' ' worship :" in whichjsense Publicola is under- stood for a worshipper of the people ; and cultus Dei, for the worship of God. From internal honour, consisting in the opinion of power and goodness, arise three passions; "love," which hath reference to goodness; and "hope," and "fear," that relate to power: and three parts of external worship; "praise," "magnifying," and " blessing :" the subject of praise being goodness ; the subject of magnifjing and -blessing being power, and the effect thereof felicity. Praise and magnifying are signified both by words and actions : by words, when we say a man is good or great : by actions, when we thank him for his bounty, and obey his power. The opinion of the happiness of another can only be expressed by words. There be sonu; signs of honour, both in attributes and actionr, that be naturally so ; as amongst attributes, "good," "just," " liberal," and the like; and amongst actions, "prayers," "thanks," and "obedience." Others are so by institution, or custom of men ; and in some times and places are honourable ; in others, dishonourable ; in others, indifferent : such as are the gestures in salutation, prayer, and thanksgiving, in different times and places, differently used. The former is " natural ;" the latter " arbitrary " worship. And of ai'bitrary worship, there be two differences ; for sometimes it is a "command," sometimes "voluntary" worship: commanded, when it is such as he requireth who is worshipped ; free, when it is such as the worshipper thinks fit. When it is commanded, not the words, or gesture, but the obedience is the worship. But when free, the worship consists in the opinion of the beholders : for if to them the words or actions by which we intend honour, seem ridiculous, aad tending to contumely, they are no worship, because no signs of honour ; and no signs of lionour, because a sign is not a sign to him that giveth it, but to him to whom it ia made, that is, to the spectator. Agam, there is a " public " and a " private " worship. Public, is the THE KINGDOM OF GOD. 165 worship that a commonwealth performeth, as one person. Private, is that which a private person exhibiteth. Public, in respect of the whole common- wealth, is free ; but in respect of particular men, it is not so. Private, is in secret free ; but in the sight of the multitude, it is never without some re- straint, either from the laws, or from the opinion of men ; which is contrary to the nature of libertj'. The end of worship amongst men is power. For where a man seeth another worshipped, he supposeth him powerful, and is the readier to obey him ; which makes his power greater. But God has no ends : the worship we do Him proceeds from our duty, and is directed according to our capacity, by those rules of honour that reason dictateth to be done by the weak to the more potent men, in hope of benefit, for fear of damage, or in thankfulness for good already received from ihem. That we may know what worship of God is taught us by the light of Nature, I will begin with His attributes. Where, first, it is manifest, we ought to attribute to Him " existence." For no man can have the will to honour that which he thinks not to have any benig. Secondly, that those philosophers who said the world, or the soul of the world, was God, spake unworthily of Him ; and denied His existence. For by God is understood the cause of the world ; and to say the world is God is to say there is no cause of it, that is, no God. Thirdly, to say the world was not created, but eternal, seeing that which is eternal has no cause, is to deny there is a God. Fourthly, that they who attributing, as they think, ease to God, take from Him the care of mankind ; take from Him his honour : for it takes away men's love, and fear of Him ; which is the root of honour. Fifthly, in those things that signify greatness and power ; to say He is " finite," is not to honour Him ; for it is not a sign of the will to honour God, to attribute to Him less than we can ; and finite, is less than we can ; because to finite, it is easy to add more. Therefore to attribute " figure" to Him is not honour; for all figure is finite : Nor to say we conceive, and imagine, or have an " idea " of Him, in our mind : for whatsoever we conceive is finite : Nor to attribute to Him "parts," or " totality ; " which are the attributes only of things finite : Nor to say He is in this or that " place ; " for whatsoever is in place, is bounded, and finite : Nor that He is "moved," or " resteth ; " for both these attributes ascribe to Him place : Nor that there be more gods than one ; because it implies them all finite : for there cannot be more than one infinite : Nor to ascribe to Him, (unless metaphorically, meaning not the passion but the effect,) passions that partake of grief; as "repentance," "anger," "mercy;" or of want; as "appetite," "hope," "desire;" or of any , passive faculty ; for passion is power limited by somewhat else. And therefore when we ascribe to God a " will," it is not to be under- stood, as that of man, for a " rational appetite ; " but as the power by which He effecteth everything. Likewise when we attribute to Him " sight," and other acts of sense ; as also " knowledge," and " understanding;" which in us is nothing else but a tumult of the mind, raised by external things that press the organical parts of man's body ; for there is no such thing in God ; and being tilings that depend on natural causes, cannot be attributed to Him. • He that will attribute to God nothing but what is warranted by natural reason, must either use such negative attributes as "infinite," "eternal," i66 01^ COMMONWEALTH. "incomprehensible ;" or superlatives, as " most high," " most great," and the like; or indefinite, as "good," "just," "holy," "creator;" and in such sense, as if He meant not to declare what He is, (for that were to circumscribe Him within the limits of our fancy,) but how much we admire Him, and how ready we would be to obey Him ; which is a sign of humility, and of a will to honour Him as much as we can. For there is but one name to signify our conception of His nature, and that is, "I am :" and but one name of His relation to us, and that is, " God ; " in which is contained Father, King, and Lord. Concerning the actions of divine worship, it is a most general precept of reason, that they be signs of the intention to honour God ; such as are, first, "prayers." For not the carvers, when they made images, were thought to make them gods ; but the people that " prayed " to ihem. Secondly, "thanksgiving;" which differeth from prayer in divine worship, no otherwise than that prayers precede, and thanks succeed the benefit ; the end, both of the one and the other, being to acknowledge God for author of all benefits, as well past as futnre. Thu-dly, "gifts," that is to say "sacrifices" and "cblalions," if they be of the best, are signs of honour : for they are thanksgivings. Fourthly, " not to swear by any but God," is naturally a sign of honour : for it is a confession that God only knoweth the heart ; and that no man's wit or strength can protect a man against God's vengeance on the perjured. Fifthly, it is a part of rational worship to speak considerately of God ; for it argues a fear of Him, and fear is a confession of His power. Hence foUoweth that the name of God is not to be used rashly, and to no purpose ; for that is as much as in vain : and it is to no purpose, unless it be by way of oath, and by order of the commonwealth, to make judgments certain ; or between commonwealths, to avoid war. And that disputing of God's nature is contrary to His honour : for it is supposed that in this natural kingdom of God, there is no other way to know anything but by natural reason, that is, from the principles of natural science ; which are so far from teaching us anything of God's nature, as they cannot teach us our own nature, nor the nature of the smallest creature living. And therefore, when • men out of the principles of natural reason, dispute of the attributes of God, they but dishonour Him : for in the attributes which we give to God, we are not to consider the signification of philosophical truth, i but the signifi- cation of pious intention, to do Him the gi-eatest honour we are able. From the want of which consideration, have proceeded the volumes of disputation about the nature of God, that tend not to His honour, but to the honour of our own wits and learning; and are nothing else but inconsiderate and vain abuses of His sacred name. Sixthly, in "prayers," "thanksgivings," "offerings," and " sacrifices," it is a dictate of natural reason that they be every one in his kind the best, and most significant of honour. As for example, that prayers and thanks- giving, be made in words and phrases, not sudden, nor light, nor plebeian ; but beautiful, and well composed. For else we do not God as much honour as we can. And therefore the heathens did absurdly, to worship images for gods : but their doing it in verse, and with music, both of voice and instruments, was reasonable. Also that the beasts they offered in sacrifice, and the gifts they offered, and their actions irr worshippiug, were full of submission, and commemorative of benefits received, was according to reason, as proceeding from an intention to honour Him. Seventhly, reason directeth not only to worship God in secret ; but also, and especially, in public, and in the sight of men. For without that, that which in honour is most acceptable, the procuring others to honour Him, is lost. THE KINGDOM OF GOD. 167 Lastly, obedience to His laws, tliat is, in this case to the laws of Nature, is the greatest worship of all. For as obedience is more acceptable to God than sacrifice ; so also to set light by His commandments, is the greatest of all contumelies. And these are the laws of that divine worship, which natui-aldreason dictateth to private men. But seeing a commonwealth is but one person, it ought also to exhibit to God but one worship ; which then it doth, when itcommandeth it to be ex- hibited by private men, publicly. And this is public worship ; the property whereof is to be "uniform;" for those actions that are done differently, by different men, cannot be said to be a public worship.' And therefore, where many sorts of worship be allowed, proceeding from the different religions of private men, it cannot be said there is any public wocship, nor that the commonwealth is of any religion at {ill. ^nd because words, and consequently the attributes of God, have their signification by agreement and constitution of men, those attributes are to be held significative of honour, that men intend shall so be ; and whatsoever may be done by the wills of particular men, where there is no law but reason, may be done by the will of the commonwealth, by laws civil. And because a commonwealth hath no will, nor makes no laws, but those that are made by the will of him or them that have the sovereign power ; it foUoweth that those attributes which the sovereign ordaineth, in the wor- ship of God, for signs of honour, ought to be taken and used for such, by private men in their public worship. But because not all actions are signs by constitution, but some are naturally signs of honour, others of contumely ; these latter, which are those that men are ashamed to do in the sight of them they reverence, cannot be made by human power a part of divine worship ; nor the former, such as are decent, modest, humble behaviour, ever be separated from it. But whereas there be an infinite number of actions and gestures of an indifferent nature ; such of them as the commonwealth shall ordain to be publicly and universally in use, as signs of honour, . and part of God's worship, are to be taken and used for sucli by the subjects. And that which is said in the Scripture, " It is better to obey God than man," hath place in the kingdom of God by pact, and not by nature. Having thus briefly spoken of the natural kingdom of God and His natural laws, I will add only to this chapter a short declaration of His natural punishments. There is no action of man in this life that is not the beginning of so long a chain of consequences, as no human providence is high enough to give a man a prospect to the end. And in this chain, there are linked together botli pleasing and unpleasing events ; in such manner, as he that will do anything for his pleasure, must engage himself to sufter all the pains annexed to it ; and these pains are the natural punishments of those actions which are the beginning of more harm than good. And hereby it comes to pass, that intemperance is naturally punished with diseases; rashness, with mischances; injustice, with the violence of enemies : pride, with ruin ; cowardice, with oppression : negligent govern- ment of princes, with rebellion ; and rebellion, with slaughter. For seeing punishments are consequent to the breach of laws ; natural punishments must be naturally consequent to the breach of the laws of Nature ; and therefore follow them as their natural, not arbitrary effects. And thus far concerning the constitution, nature, and right of sovereigns, and concerning the duty of subjects, derived from the principles of natural reason. And now, considering how different this doctrine is from the practice of the greatest part of the world, especially of these western parts, that have received their moral learning from Rome and Athens ; and how much depth of moral philosophy is required, in them that i68 OF COMMONWEAL TH. have the administration of the sovereign power ; I am at the point of be- lieving this my labour as useless as the commonwealtli of Plato. For he also is of opinion that it is impossible for the disorders of state, and change of governments by civil war, ever to be taken away, till sovereigns be philoisophers. But when I consider again, that the science of»natural justice is tlie only science necessary for sovereigns and their principal ministers ; and that they need not be cliarged with the sciences mathe- matical, as by Plato they are, farther than by good laws to encourage men to the study of them ; and that neither Plato, nor any other pJ>ilosopher liitherto, hath put into order, and sufficiently or probably proved all the theorems of moral doctrine, that men may learn thereby,' both how to govern and how to obey ; I recover some hope, that one ti/ne or other, this writing of n)ine may fall into the hands of a sovereign, who will con- sider it himself (for it is short, and I think clear), without the help of any interested, or envious interpreter ; and by theexercise of entire sovereignty, in protecting the public teaching of it, convert this truth of speculation into the utility of practice. PART III.— OF A CHRISTIAN COMMONWEALTH. CHAPTER XXXII. Of the Principles of Christian Politics. I HAVE derived the rights of sovereign power, and the duty of subjects, hitherto from the principles of Nature only ; such as experience has found true, or consent concerning the use of words has made so, that is to say, from the nature of men, known to us by experience, and from definitions of such words as are essential to all political reasoning universally agreed on. But in that I am next to handle, which is the nature and rights of a " Christian Commonwealth," whereof there dependeth much upon super- natural revelations of the will of God ; the ground of my discourse must be, not only the natural word of God, but also the prophetical. Nevertheless we are not to renounce our senses and experience ; nor that which is the undoubted word of God, our natural reason. For they are the talents which He hath put into our hands to negotiate, till the coming again of our blessed Saviour ; and therefore not to be folded up in the napkin of an implicit faith, but employed in the purchase of justice, peace, and true religion. For though thene be many things in God's word above reason ; that it is to say, which cannot by natural reason be either demon- strated or confuted ; yet there is nothing contrary to it ; but when it seemeth so, the fault is either in our unskilful interpretation, or erroneous ratiocination. Therefore when anything therein written is too hard for our examination, we are bidden to captivate our understanding to the words ; and not to labour in sifting out a philosophical truth by logic of such mysteries as are not comprehensible, nor fall under any rule of natural science. For it is with the mysteries of our religion as with wholesome pills for the sick, which, swallowed whole, have the virtue to cure ; but chewed, are for the most part cast up again without effect. But by the captivity of our understanding, is not meant a submission of the intellectual faculty to the opinion of any other man ; but of the will to obedience, where obedience is due. For sense, memory, understanding, reason, and opinion are not in our power to change ; but always and necessarily such as the things we see, hear, and consider suggest unto us ; and therefore are not effects of our will, but our will of them. We then captivate our understanding and reason when we forbear contradiction ; when we so speak, as by lawful authority we are commanded, and when we live accordingly, which, in sum, is trust and faith reposed in him that speaketh, though the mind be incapable of any notion at all from the words spoken. ^Yhen God speaketh to m.in, it must be either immediately ; or by medi> 170 OF A CHRISTIAN COMMONWEALTH. ation of another man, to whom He had formerly spoken by himself immediately. How God speaketh to a man immediately, may be understood by those well enough, lo whom He hath so spoken : but how the same should be understood by another, is hard, if not impossible to know. For if a man pretend to me, that God hath spoken to him supernaturally and immediately, and I make doubt of it, I cannot easily perceive what argu- ment he can produce to oblige me to believe it. It is true, that if he be my sovereign, he may oblige me to obedience, so as not by act or word to declare I believe him not ; but not to think any otherwise than my reason persuades me. But if one that hath not such authority over me, should pretend the same, there is nothing that exacteth either belief or obe- dience. For to say that God hath spoken to him in the Holy Scripture, is not to say God hath spoken to him immediately, but by mediation of the prophets, or of the apostles, or of the church, in such manner as He speaks to all other Christian men. To say He hath spoken to him in a dream, is no more than to say he dreamed that God spake to him ; which is not of force to win belief from any man, that knows dreams are for the most part natural, and may proceed from former thoughts; and such dreams as that, from self conceit, and foolish arrogance, and false opinion of a man's own godliness, or other virtue, by which he thinks he hath merited the favour of extraordinary revelation. To say he hath seen a vision, or heard a voice, is to say that he hath dreamed between sleeping and waking ; for in such manner a man doth many times naturally take his dream for a vision as not having well observed his own slumbering. To say he speaks by supernatuial inspiration, is to say he finds an ardent desire to speak, or some strong opinion of himself, for which he can allege no natural and sufficient reason. So that though God Almighty can speak to a man by dreams, visions, voice, and inspiration ; yet He obhges no man to believe He hath So done to him that pretends it ; who, being a man, may err, and, which is more, may lie. How then can he, to whom God hath never revealed His will immediately, saving by the way of natural reason, know when he is to obey ornot to obey his word, delivered by him that says he is a prophet ? Of four hundred prophets, of whom the king of Isreal asked counsel concerning the war he made against Ramoth Gilead (i Kings xxii.), only Micaiah was a true one. The prophet that was sent to prophesy against the altar set U|i by Jeroboam (l Kings xiii.), though a true prophet, and that by two miracles done in his presence, appears to be a prophet sent from God, was yet deceived by another old prophet, that persuaded him as from the mnuth of God, to eat and drink with him. If one prophet deceive another, what certainty is there of knowing the will of God, by other way than that of reason? To which I answer out of the Holy Scripture, that there be two marks, by which together, not asunder, a true prophet is to be known. One is the doing of miracles ; the other is the not teaching any other religion than that which is already established. Asunder, I say, neither of these is sufficient. "If a prophet rise amongst you, or a dreamer of dreams, and shall pretend the doing of a miracle, and the miracle come to pass ; if he say, Let us follow strange gods, which thou has not known, thou shalt not hearken to him, &c. But that prophet and dreamer of dreams shall be put to death, because he hath spoken to you to revolt from the Lord your God." (Ueut. xiii. 1-5.) In whicli words two things are to be observed; first, ihat God will not have miracles alone serve for arguments, to approve the prophet's calling ; but, as it is in the third verse, for an experiment of the constancy of our adherence to Himself. For the works of the Egyptian sorcerers, though not so great as those of Moses, yet were great miracles. Secondly, that how great soever the miracle be, yet if it tend to stir up revolt against CHRISTIAN POLITICS. 171 the king, or him that goveineth by the king's authority, he that doth such miracle is not to be considered othevw ise than as sent to make trial of their allegiance. For these words, " revolt from the Lord your God," are in this place equivalent to " revolt from your king." For they had made God their king by pact at the foot of Mount Sinai ; who ruled them by Moses only ; for he only spake with God, and from time to time declared God's commandments to the people. In like manner, after our Saviour Christ had made His disciples acknowledge Him for the Messiah, (that is to say, for God's anointed, whom the nation of the Jews daily expected for their king, but refused when He came,) He omitted not to advertise them of the danger of miracles. "There shall arise," saith he, "false Christs, and false pro- phets, and shalt do great wonders and miracles, even to the seducing, if it ■ were possible, of the very elect." (Matt. xxiv. 24.) By which it appears that false prophets may have the power of miracles ; yet are we not to take their doctrine for God's word. St. Paul says farther to the Galatians (Gal. i. 8), that " if himself, or an angel from heaven preach another gospel to them, than he had preached, let him be accursed. " That gospel was that Christ was King ; so thai all preaching against the power of the king received, in consequence to these words, is by St. Paul accursed. For his speech is addressed to those, who by his preaching had already received Jesus for the Christ, that is to say, for King of the Jews. And as miracles, without preaching that doctrine which God hath established ; so preaching the true doctrine, without the doing of miracles, is an insufficient argument of immediate revelation. For if a man that teacheth not false doctrine, should pretend to be a prophet without showing any miracle, he is never the more to be regarded for his pretence, as is evident by Deut. xviii. 21, 22 : " If thou say in thy heart, How shall we know that the word (of the prophet) is not that which the Lord hath spoken? when the prophet shall have spoken in the name of the Lord, that which shall not come to pass, that is the word which the Lord hath not spoken, but the prophet has spoken it out of the pride of his own heart, fear him not." But a man may here again ask, when the prophet hath foretold a thing, how shall we know whether it will come to pass or not ? For he may foretell it as a thing to arrive after a certain long time, longer than the time of man's life ; or indefinitely, that it will come to pass one time or other : in which case this mark of a prophet is unuseful ; and there- fore the miracles that oblige us to believe a prophet, ought to be confirmed by an immediate, or a not long deferred event. So that it is manifest, that the teaching of the religion which God hath established, and the showing of a present miracle, joined together, were the only marks whereby the Scripture would have a true prophet, that is to say, immediate revelation, to be acknowledged ; neither of them being singly sufficient to oblige any other man to regard what he saith. Seeing therefore miracles now cease, we have.no sign left whereby to acknowledge the pretended revelations or inspirations of any private man ; nor obligation to give ear to any doctrine, farther than it is conformable to the Holy Scriptures, which since the time of our Saviour, supply the place, and sufficiently recompense the want of all other prophecy ; and from which, by wise and learned interpretation, and careful ratiocination, all rules and precepts necessary to the knowledge of our duty both to God and man, without enthusiasm or supernatural inspiration, may easily be deduced. And this Scripture is it, out of which I am to take the principles of my dis- course, concerning the rights of those that are the supreme governors on earth of Christian commonwealths : and of the duty of Christian subjects towards their sovereigns. And to that end, I shall speak in the next chapter, of the books, writers, scope and authority of the Bible, 172 OF A CHRISTIAN COMMONWEALTH. CHAPTER XXXIII. Of the Number, Antiquity, Scope, Authority, and Inltrprettrs of the Books of Holy Scripture. By the Books of Holy " Scripture," are understood those which ought to be the " canon," that is to say, the rules of Christiam life. And because all rules of life, which men are in conscience bound to observe, are laws ; the question of the Scripture is the question of what is law throughout all Christendom, both natural and civil. For though it bfe not determined in Scripture what laws every Christian king shall constitute in his own dominions ; yet it is determined what laws he shall not con- stitute. Seeing therefore I have already proved that sovereigns in their own dominions are the sole legislators, those books only are canonical, that is, law, in every nation, which are established for such by the sovereign authority. It is true, that God is the sovereign of all sovereigns ; and therefore when He speaks to any subject. He ought to be obeyed, what- soever any earthly potentate command to the contrary. But the question is not of obedience to God, but of " when " and " what" God hath said ; which to subjects that have no supernatural revelation, cannot be known, but by that natural reason which guideth them for the obtaining of peace and justice, to obey the authority of their several commonwealths, that is to say, of their lawful sovereigns. According to this obligation, I can ac- knowledge no other books of the Old Testament to be Holy Scripture, but those which have been commanded to be acknowledged for such by the authority of the Church of England. What books these are, is sufficiently knovm without a catalogue of them here ; and they are the same that are acknowledged by St. Jerome, who holdeth the rest, namely, the Wisdom of Solomon, Ecclesiasticus, Judith, Tobias, the first and the second of Maccabees, (though he had seen the first in Hebrew,) and the third and fourth of Esdras, for Apocrypha. Of the canonical, Josephus, a learned Jew, that wrote in the time of the Emperor Domitian, reckoneth " twenty-two," making the number agree with the Hebrew alphabet. St. Jerome does the same, though they reckon them in different manner. For Josephus numbers " five " Books- of Moses, "thirteen "of Prophets that writ the history of their own times, (which how it agrees with the prophets' writings contained in the Bible we shall see hereafter,) and "four" of "hymns" and moral precepts. But St. Jerome reckons " five " books of Moses, " eight " of Prophets, and " nine " of other Holy Writ, which he calls of ayiSypaipa. The Septuagint, who were seventy learned men of the Jews, sent for by Ptolemy, king of Egypt, to translate the Jewish law out of the Hebrew into the Greek, have left us no other for Holy Scripture in the Greek tongue, but the same that are received in the Church of England. As for the Books of the New Testament, they are equally acknowledged for canon by all Christian churches, and by all sects of Christians, that admit any books at all for canonical. .Who were the original writers of the several Books of Holy Scripliire, has not been made evident by any sufficient testimony of other history, which is the only proof of matter of fact ; nor can be, by any argument of natural reason : for reason serves only to convince the truth, not of fact, but of consequence. The light therefore that must guide us in this question, must be that which is held out imtg us from the bogks themselves ; and this OF THE BOOKS OF HOL Y SCRIPTURE. 173 light, though it show us not the writer of every book, yet it is not unuseful to give us knowledge of the time wherein they were written. And first, for the Pentateuch, it is not argument enough that they were written by Moses, because they are called the five Books of Moses ; no more than these titles, the Book of Joshua, the Book of Judges, the Book of Rutli, and the Books of the Kings, are arguments sufficient to prove that they were written by Joshua, by the Judges, by Ruth, and by the Kings. For in titles of books, the subject is marked as often as the Vfriter. The histoiy of Livy denotes the writer, but the history of Scanderberg is denominated from the subject. We read in the last chapter of Deuteronomy (verse 6), concerning the sepulchre of Moses, " that no man knoweth of his sepulchre to this day," ihat is, to the day wherein those words were «iitten. It is therefore manifest, that those words were written after his interment. For it were a strange interpretation to say Moses spake of his own sepulchre, though by prophecy, that it was not found to that day wherein he was yet living." But it may perhaps be alleged, that the last chapter only, not the whole Pentateuch, was written by some other man, but the rest not. Let us therefore consider that which we find in the Book of Genesis (xii. 6), " And Abraham passed through the land to the place of Sichem, unto the plains of Moreh, and the Canaanite was then in the land ;" which must needs be the words of one that wrote when the Canaanite was not in the land ; and consequently, not of Moses, who died before he came into it. Likewise (Numbers xxi. 14) the writer citeth another more ancient book, entitled, " The Book of the Wars of the Lord," wherein were registered the acts of Moses at the Red Sea and at the brook of Amon. It is therefore suflBciently evident, that the five Books of Moses were wiitten after his time, though how long after it be not so manifest. But though Moses did not compile those books entirely, and in the form we have them, yet he wrote all that which he is there said to have written : as for example, the Volume of the Law, which is contained, as it seemeth, in the xith of Deuteronomy, and the following chapters to the xxviith, which was also commanded to be written on stones, in their entry into the land of Canaan. And this also did Moses himself write (Deut. xxxi. 9, 10), and delivered to the priests and elders of Israel, to be read every seventh year to all Israel, at their assembling in the Feast of Tabernacles. And this is that law which God commanded, tliat their kings, when they should have established that form of government, should take a copy of from the priests and Levites : and which Moses commanded the priests and Levites to lay in the side of the ark ^Deut. xxxi. 26) ; and the same which having been lost, was long time after found again by Hilkiah, and sent to king Josias (2 Kings xxii. 8), who causing it to be read to the people (2 Kings xxiii. i, 2, 3), renewed the covenant between God and them. That the Book of Joshua was also written long after the time of Joshua, may be gathered out of many places of the book itself. Joshua had set ijp twelve stones in the midst of Jordan, for a monument to their passage ; of which the writer saith thus : " They are there unto this day" (Josh. iv. 9) ; for " unto this day " is a phrase that signifieth u, time past, beyond the memory of man. In like manner, upon the saying of the Lord that He had rolled off from the people the reproach of Egypt, the writer saith, " The place is called Gilgal unto this day" (Josh. v. 9); which to have said in the time of Joshua had been improper. So also the name of the valley of Achor, from the trouble that Achan raised in the camp, the writer saith, " remaineth unto this day " (Josh. vii. 26) ; which must needs be therefore long after the time of Joshua. Arguments of this kind there be niany other, as Josh, viii. 29; xiii. 13 ; xiv. 14; xv. 63. 174 OF A CHRISTIAN COMMONWEALTH: The same is manifest by like arguments of the Book of Judges (chap. i'. 21, 26 ; vi. 24 ; X. 4 ; xv. 19 ; xvii. 6), and Ruth (i. 1) ; but especially Judges (xviii. 30), where it is said that " Jonathan and his sons were priests to the tribe of Dan, until the day of the captivity of the land." That the Books of Samuel were ^so written after his own time there are the like arguments (i Sam. v. 5 ; vii. 13, 15 ; xxvii. 6, and xxx. 25), where, after David had adjudged equal part of the spoils to them that guarded the ammunition with them that fought, the writer saith, " He made it a statute and an ordinance to Israel to this day." Again, when David, dis- pleased that the Lord had slain Uzzah, for putting out his hand to sustain the ark, called the place Perez-Uzzah, the writer saith (2 Sam. vi. 8), it is called so "to this day :" the time therefore of the writing of that book must be long after the time of the fact ; that is, long after the time of David. As for the two books of the Kings, and the two books of the Chronicles, besides the places which mention such monuments, as the writer saiih, remained till his own days ; such as are i Kings ix. 13 ; ix. 21; X. 12 ; xii. 19; 2 Kings ii. 22 ; viii. 22 ; x. 27; xiv. 7; xvi. 6; xvii. 23; xvii. 34 ; xvii. 41 ; and I Ciiron. iv. 41 ; v. 26 ; it is argument sufficient they were Avritten after the captivity in Babylon, that the history of them is continued till that time. For the facts registered are always more ancient than the register ; and mucii more ancient than such books as make mention of and quote the register ; as these books do in divers places, referring the reader to the Chronicles of the Kings of Judah, to the Chronicles of the Kings of Israel, to the Books of the prophet Samuel, of the prophet Nathan, of the prophet Ahijah ; to the Vision of Jehdo, to the books of the prophet Serveiah, and of the prophet Addo. The books of Ezra and Nehemiah were written certainly after their return from captivity ; because their return, the re-edification of the walls and houses of Jerusalem, the renovation of the covenant, and ordina- tion of their policy, are therein contained. The history of Queen Esther is of the time of the captivity ; and therefore the writer must have been of the same time, or after it. The book of Job hath no mark in it of the time wherein it was written ; and though it appear suflSciently (Ezekiel xiv. 14, and James v. II) that he was no feigned person ; yet the book itself seemeth not to be a history, but a treatise concerning a question in ancient time much disputed, " why wicked men have often prospered in this world, and good men have been afflicted ; " and this is the more probable, because from the beginning to the third verse of the third chapter, where the complaint of Job beginneth, the Hebrew is, as St. Jerome testifieth, in prose ; and from thence to the sixth verse of the last chapter, in hexameter verses ; and the rest of that chapter again in prose. So that the dispute is all in verse ; and the prose is added but as a preface in the beginning, and an epilogue in the end. But verse is no usual style of such, as either are themselves in great pain, as Job ; or of such as come to comfort them, as his friends ; but in philosophy, especially moral philosophy, in ancient time frequent. The Psalms were written the most part by David, for the use of the quire. To these are added some songs of Moses, and other holy men ; and some of them after the return from the captivity, as the 137th and the 126th, whereby it is manifest that the Psalter was compiled, and put into the form it now hath, after the return of the Jews from Babylon. The Proverbs, being a collection of wise and godly sayings partly of Solomon, partly of Agur, the son of Jakeh, and partly of the mother of king Lemuel; cannot probably be thought to have been collected by Solomon, ratlier than by Agur or the mother of Lemuel ; and that though OF THE BOOKS OF HOLY SCRIPTURE. 175 the sentences be theirs, yet the collection or compiling them into this one book was the work of some other godly man that lived after them all. The books of Ecclesiastes and the Canticles have nothing that was not Solomon's except it be the titles or inscriptions. For The Words of the Preacher, the son of David, king in Jerusalem ; and The Song of Songs, which is Solomon's, seem to have been made for distinction's sake, then, when the books of Scriptute were gathered into one body of the law ; to the end, that not the doctrine only, but the authors also might be extant. , Of the prophets, the most ancient are Zephaniah, Jonah, Amos, Hosea, Isaiah, and Michah, who lived in the time of Amaziah, and Azariah, other- wise Ozias, kings of Judah. But the book of Jonah is not properly a register of his prophecy ; for that is contained in these few words, " Forty days and Nineveh shall be destroyed ; " but a history or narration of his frowardness and disputing God's commandments ; so that there is small probability he should be the author, seeing he is the subject of it. But the book of Amos is his prophecy. Jeremiah, Obadiah, Nahum, and Habakkuk prophesied in the time of Josiah. Ezekiel, Daniel, Haggai, and Zechariah, in the captivity. When Joel and Malachi prophesied, is not evident by their writings. But considering the inscriptions, or titles of their books, it is manifest enough that the whole Scripture of the Old Testament was set forth in the form we have it after the return of the Jews from their captivity in Babylon, and before the time of Ptolemseus Philadelphus, that caused it to be translated into Greek by seventy men, which were sent him out of Judea for that pur- pose. And if the books of Apocrypha, which are recommended to us by the church, though not for canonical, yet for profitable books for our instruc- tion, may in this point be credited, the Scripture was set forth in the form we have it in, by Esdras : as may appear by that which he himself sailh, in the second book (chapter xiv. verse 21, 22, &c.), where speaking to God, lie saith thus: "Thy law is burnt; therefore no man knoweth the things which thou hast done, or the works that are to begin. But if I have found grace before thee, send down tlie holy spirit into me, and I shall write all that hath been done in the world, since the beginning, which were written in thy law, that men may find thy path, and that they which will live in the latter day, may live." And verse 45 : " And it came to pass when the forty days were fulfilled, that the highest spake, saying. The first that thou hast written, publish openly, that the worthy and unworthy may read it ; but keep the seventy last, that thou mayest deliver them only to such as be wise among the people." And thus much concerning the time of the writ- ing of the books of the Old Testament. The writers of the New Testament lived all in less than an age after Christ's ascension, and had all of them seen onr .Saviour, or been His dis- ciples, except St. Paul and St. Luke ; and consequently whatsoever was written by them is as ancient as the time of the apostles. But the time wherein the books of the New Testament were received and acknowledged by the church to be of their writing, is not altogether so ancient. For, as the books of the Old Testament are derived to us, from no other time than that of Esdras, who by the direction of God's spirit retrieved tliem, when they were lost ; those of the New Testament, of which the copies were not many, nor could easily be all in any one private man's hand, cannot be derived from a higher time than that wherein the governors of the church collected, approved, and recommended them to us, as the writings of those apostles and disciples, under whose names they go. The first enumeration 176 OF A CHRISTIAN COMMONWEALTH. of all the books, both of the Old and Neiv Testament, is in the canons of the apostles supposed to be collected by Clement, the first (after St. Peter) bishop of Rome. But because tliat is but supposed, and liy many questioned, the Council of Laodicea is the first we know that recommended the Bible to the then Christian churches, for the writings of the prophets and apostles : and this Council was held in the 364th year after Christ At which time, though ambition had so far prevailed on the great doctors of the church as no more to esteem emperors, though Christian, for the shepherds of the people, but for sheep ; and emperors not Christian, for wolves ; and endeavoured 10 pass their doctrine, not for counsel and infor- mation as preachers, but for laws as absolute governors ; and thought such frauds as tended to make the people the more obedient to Christian doctrine, to be pious ; yet I am persuaded they did not therefore falsify the Scriptures, though the copies of the books of the New Testament were in the hands only of the ecclesiastics, because if they had had an intention so to do, they would surely have made them more favourable to their power over Cliristian princes and civil sovereignty than they are. I see not there- fore any reason 10 doubt but that the Old and New Testament, as we have them now, are the true registers of those things which were done and said by the prophets and apostles. And so perhaps are some of those books which are called Apocrypha, and left out of the canon, not for inconformity of doctrine with the rest, but only because they are not found in the Hebrew. For after the conquest of Asia by Alexander the Great, there were few learned Jews that were not perfect in the Greek tongue. For the seventy interpreters that converted the Bible into Greek, were all of them Hebrews ; and we have extant the works of Philo and Josephus, both Jews, written by them eloquently in Greek. But it is not the writer, but the authority of the church that maketh the book canonical. And although these books were written by divers men, yet it is manifest the writers were all endued with one and the same spirit, in that ihey conspire to one and the same end, which is setting forth of the rights of the kingdom of God, the Father, Son, and Holy Ghost. For the book of Genesis deriveth the genealogy of God's people, from the creation of the world to the going into Egypt ; the other four books of Moses contain the election of God for their king, and the laws which He prescribed for their government ; the books of Joshua, Judges, Ruth, and Samuel, to the time of Saul, describe the acts of God's people, till the time they cast off God's yoke and called for a king, after the manner of their neighbour nations. The rest of the history of the Old Testament derives the succession of the line of David to the captivity, out of which line was to spring the restorer of the kingdom of God, even our blessed Saviour God the Son, whose coming was foretold in the books of the prophets, after whom the Evangelists write His life and actions, and His claim to the kingdom, whilst He lived on earth : and lastly, 'the Acts and Epistles, of the Apostles, declare the coming of God, the Holy Ghost, and the authority He left with them and their successors for the direction of the Jews, and for the invitation of the Gentiles. In sum, the histories and the prophecies of the Old Testament, and the gospels and epistles of the New Testament, have had one and the same scope to convert men to the obedience of God : I. in Moses and the Priests ; II. in the man Christ ; and iii. in the Apostles and the successors to apostolical power. For these three at several times did represent the person of God ; Moses and his successors, the High Priests, and Kings of Judah, in the Old Testament : Christ himself, in the time He lived on earth ; and the Apostles, and their successors, from the day of Pentecost, when the Holy Ghost descended on them, to this day. OF THE BOOKS OF HOL Y SCRIPTURE. 177 It is a question much disputed between the divers sects of Christian religion, "from whence the Scriptures derive their authority ;" which ques- tion is also propounded sometimes in other terms, as, " how we know them to be the word of God, or why we believe them to be so :" and the difficulty of resolving it, ariseth chiefly from the impropemess of the words wheiein the question itself is couched. For it is believed on all hands, that the first and original " author " of them is God ; and consequently the ques- tion disputed, is not that. Again, it is manifest, that none can know they are God's word (though all true Clirislians believe it), but those to whom God himself hath revealed it supematurally ; and therefore the question is not rightly moved, of our "knowledge" of it. Lastly, when the question is propounded of our "belief;" because some are moved to believe for one, and others for other reasons ; there can be rendered no one general answer for them all. The question truly stated is, " by what authority they are made law." As far as they differ not from the laws of Nature there is no doubt but they are the law of God, and carry their authority with them, legible to all men that have the use of natural reason : but this is no other authority, than that of all other moral doctrine consonant to reason ; the dictates whereof are laws, not "made," but "eternal." If ihey be made law by God himself, they are of the nature of written law, which are laws to them only to whom God hath so sufficiently pub- lished them, as no man can excuse himself, by saying he knew not they were His. He therefore to whom God hath not supematurally revealed that they are His, nor that those that published them were sent by Him, is not obliged to obey them, by any authority, but his, whose commands have already the force of laws ; that is to say, by any other authority than that of the commonwealth, residing in the sovereign, who only has the legislative power. Again, if it be not the legislative authority of the commonwealth, that giveth them the force of laws, it must be some other authority derived from God, either private or public : if private, it obliges only him to whom in particular God hath been pleased to reveal it. For if every man should be obliged to take for God's law what particular men, on pretence of private inspiration or revelation, should obtrude upon him, in such a number of men, that out of pride and ignorance, take their own dreams, and extravagant fancies, and madness, for testimonies of God's spirit ; or out of ambition, pretend to such divine testimonies, falsely, and contrary to their own consciences, it were impossible that any divine law should be acknowledged. If public, it is the authority of the "commonwealth," or of the "church." But the church, if it be one person, is the same thing with a commonwealth of Christians ; called a " commonwealth," because it consisteth of men united in one person, their sovereign; and a "church," because it consisteth in Christian men, united in one Christian sovereign. But if the church be not one person, then it hath no authority at all : it can neither command, nor do any action at all ; nor is capable of having any power, or right to anything : nor has any will, reason nor voice ; for all these qualities are personal. Now if the whole number of Christians be not contained in one commonwealth, they are not one person ; nor is there an universal church that hath any authority over them ; and therefore the Scriptures are not made laws, by the universal church : or if it be one com- monwealth, then all Christian monarchs and states are private persons, and subject to be judged, deposed, and punished by an universal sovereign of all Christendom. So that the question of the authority of the Scriptures, is reduced to this, "whether Christian kings, and the sovereign assemblies in Christian commonwealths, be absolute in their own territories, im- 178 OF A CHRISTIAN COMMONWEALTH. mediately under God ; or subject to one vicar of Christ, constituted of the universal cliurch ; to be judged, condemned, deposed, and put to death, as he shall think expedient, or necessary for the common good. Which question cannot be resolved without a more particular considera- tion of the Kingdom of God ; from whence also we are to judge of the authority of interpreting the Scripture. For whosoever hath a lawful power over any writing, to make it law, hath the power also to approve, or disapprove, the interpretation of the same. CHAPTER XXXIV. Of the Signification of Spirit, Angel, and Inspiration in the Boohs of Holy Scripture. Seeing the foundation of all true ratiocination is the constant signification of words ; which in the doctrine following, dependeth not, as in natural science, on the will of the writer, nor, as in common conversation, on vulgar use, but on the sense they carry in the Scripture ; it is necessai-y, before I proceed any further, to determine, out of the Bible, the meaning of such words, as by their ambiguity may render what I am to infer upon them, obscure or disputable. I will begin with the words " body " and " spirit," which in the language of the scSools are termed, " substances," "corporeal," and "incorporeal." The word " body," in the most general acceptation, signifieth that which fiUeth or occupieth some certain room, or imagined place ; and dependeth not on the imagination, but is a real part of that we call the " universe." For the "universe" being the aggregate of all bodies, there is no real part thereof that is not also "body ; " nor anything properly a " body," that is not also part of that aggregate of all " bodies," the " universe." The same also, because bodies are subject to change, that is to say, to variety of apparence to the sense of living creatures, is called " substance," that is to say, "subject " to various accidents : as sometimes to be moved ; sometimes to stand still ; and to seem to our senses sometimes hot, sometimes cold, sometimes of one colour, smell, taste, or sound, sometimes of another. And this diversity of seeming, produced by the diversity of the operation of bodies on the organs of our sense, we attribute to alterations of the bodies that operate, and call them "accidents " of those bodies. And according to this acceptation of the word, "substance" and "body" signify the same thing ; and therefore " substance incorporeal " are words, which when they are joined together, destroy one another, as if a man should say an " incorporeal body." But in the sense of common people, not all the universe is called body, but only such parts thereof as tliey can discern by the sense of feeling, to resist their force, or by the sense of their eyes, to hinder them from a farther prospect. Therefore in the common language of men, "air " and "aerial substances," use not to be taken for "bodies," but (as often as men are sensible of their effects) are called "wind," or "breath," or (because the same are called in the Latin spiritus) "spirits;" as when they call that aerial substance, which in the body of any living creature gives it life and motion, " vital " and " animal spirits." But for those idols of the brain, which represent bodies to us where they are not, as in a looking-glass, in a dream, or to a distempered brain waking, {hey are, as the apostle saith generally of all idols, nothing ; nothing at all, I say, there where they seem to be ; and in the brain itself, nothing but tumult, proceeding eitlter SIGNIFICATION OF SPIRIT, ETC. i79 from the action of the objects, or from the disorderly agitation of the organs of our sense. And men that are otherwise employed than to search into their causes, know not of themselves what to call them ; and may therefore easily be persuaded, by those whose knowledge they much reverence, some to call them " bodies," and think them made of air compacted by a power supernatural, because the sight judges them corporeal ; and some to call them " spirits," because the sense of touch discerneth nothing in the place where they appear, to resist their fingers : so that the proper signification of " spirit " in common speech, is either a subtle, fluid, and invisible body, or a ghost, or other idol or phantasm of the imagination. But for metaphori- cal significations, there be many : for sometimes it is taken for disposition or inclination of the mind ; as when for the disposition to control the sayings of other men, we say "a spirit of contradiction ; " for a disposi- tion to nncleanness, "an unclean spirit;" for perverseness, "a froward spirit ;" for sullenness, "a dumb spirit;" and for inclination to godliness and God's service, " the Spirit of God :" sometimes for any eminent ability or extraordinsry passion, or disease of the mind, as when "great wisdom " is called " the spirit of wisdom ;" and " madmen " are said to be " possessed with a spirit." Other significations of " spirit " I find nowhere any ; and where none of these can satisfy the sense of that word in Scripture, the place falleth not under human understanding ; and our faith therein consisteth not in our opinion, but in our submission ; as in all places where God is said to be a " Spirit," or whereby the " Spirit of God " is meant God himself. For the nature of God is incomprehensible ; that is to say, we understand nothing of "what He is," but only "that He is;" and therefore the attribures we give Him are not to tell one another " what He is," nor to signify our opinion of His nature, but our desire to honour Him with such names as we conceive most honourable amongst ourselves. Gen. i. 2 ; " The Spirit of God moved upon the face of the waters." Here if by the " Spirit of God " be meant God himself, then is " motion " attributed to God, and consequently " place, "which are intelligible only of bodies, and not of substances incorporeal ; and so the place is above our understanding, that can conceive nothing moved that changes not place, or that has not dimension ; and whatsoever has dimension is body. But the meaning of those words is best imderstood by the like place (Gen. viii. I), where when the earth was covered with waters, as in the beginning, God intending to abate them, and again to discover the dry land, useth the like words, ' ' I will bring my Spirit upon the earth, and the waters shall be diminished," in which place, by " .Spirit " is understood a wind, that is an air or " spirit moved," which might be called, as in the former place, the " Spirit of God," because it was God's work. Gen. xli. 38 : Pharaoh calleth the Wisdom of Joseph, the "Spirit of God." For Joseph having advised him to look out a wise and discreet man, and to set him over the land of Egypt, he saith thus, " Can we find such a man as this is, in whom is the Spirit of God?" And Exod. xxviii. 3: "Thou shalt speak," saiih God, " to all the wise-hearted, whom I have filled with the spirit of wisdom, to make Aaron garments, to consecrate him ; " where extraordinary understanding, though but in making garments, as being the "gift '! of God, is called the "Spirit of God." The same is found again, Exod. xxxi. 3, 4, S, 6 ; and xxxv. 31. And Isaiah xi. 2, 3, where the prophet, speaking of the Messiah, saith, " The Spirit of the Lord shall abide upon him, the spirit of wisdom and understanding, the spirit of counsel and fortitude, and the spirit of the fear of the Lord." Where manifestly is meant, not so many ghosts, but so many eminent graces that God would give him. i8o OF A CHRISTIAN COMMONWEALTH. In the book of Judges, an extraordinary zeal and courage in the defence of God's people, is called the " Spirit " of God ; as when it excited Othniel, Gideon, Jephtha, and Samson to deliver them from servitude : Judges iii. lO ; vi. 24 ; xi. 29 ; xiii. 25 ; xiv. 6, 19. And of Saul, upon the news of the insolence of the Ammonites towards the men of Jabesh Gilead, it is said (i Sam. xi. 6) that " the Spirit of God came upon Saul, and his anger," (or, as it is in the Latin, " his fuiy") "was kindled greatly." Where it is not piObable was meant a ghost, but an extraordinary "zeal" to punish the cruelty of the Ammonites. In like manner by the "Spirit" of God, that came upon Saul, when he was amongst the prophets that praised God in songs and music (I Sam. xix. 23), is to be understood, not a gho-t, but an unexpected and sudden "zeal" to join with them in their devotion. The false prophet Zedekiah saith to Micaiah (l Kings xxn. 24), " which way went the Spirit of the Lord from me to speak to thee? " Which can- not be understood of a ghost ; for Micaiah declared before the kings of Israel and Judah the event of the battle, as from a "vision," and not as from a " spirit " speaking in him. In the same manner it appeareth in the books of the Prophets, that though ihey spake by the " spirit " of God, that is to say, by a special grace of prediction ; yet their knowledge of the future was not by a ghost within them, but by some supernaturnal " dream " or " vision." Gen. ii. 7, it is said, "God made man of the dust of the earth, and breathed into his nostrils (spiraculum vita) the breath of life, and man was made a living soul." There the "breath of life " inspired by God signifies no more, but that God gave him life ; and (Job xxvii. 3), " as long as the Spirit of God is in my nostrils," is no more than to say, "as long as I live." So in Ezek. i. 20, "the spirit of life was in the wheels," is equivalent to, " the wheels were alive." And (Ezek. ii. 2), "the Spirit entered into me, and set me on my feet," -that is, " I recovered my vital strength ; " not that any ghost or incorporeal substance entered into, and possessed his body. In the xith chap, of Numbers, v. 17, "I will take," saith God, " of the Spirit, which is upon thee, and will put it upon them, and they shall bear the burthen of the people with thee ; " that is, upon the seventy elders : whereupon two of the seventy are said to prophesy in the camp ; of whom some complained, and Joshua desired Moses to forbid them ; which Moses would not do. Whereby it appears, that Joshua knew not that they had re- ceived authority so to do, and prophesied according to the mind of Moses, that is to say, by a " spirit," or " authority " subordinate to his own. In the like sense we read (Deut. xxxiv. 9), that "Joshua was full of the spirit of wisdom, because Moses had laid his hands upon him : " that is, be- cause he was " ordained " by Moses to prosecute the work he had himself begun, namely, the bringing of God's people into the promised land, but prevented by death, could not finish. In the like sense it is said (Rom. viii. 9), "If any man have not the Spirit of Christ, he is none of His ; " not meaning thereby the ' ' ghost of Christ, but a "submission" to His doctrine. As also ( I John iv. 2), " Hereby you shall know the Spirit of God ; every spirit that confesseth that Jesus Christ is come in the fiesh, is of God ; " by which is meant the spirit of unfeigned Christianity, or ' ' submission," to that main article of Christian faith, that Jesus is the Christ ; which cannot be interpreted of a ghost. Likewise these words (Luke iv. i), " And Jesus full of the Holy Ghost," (that is, as it is expressed, Matt. iv. I, and Mark i. 12, " of the Holy Spirit,") may be understood for " zeal " to do the work for which He was sent by God the Father ; but to interpret it of a ghost, is to say that God himself, for so our Saviour was, was filled with God ; which is very im- SIGNIFICATION OF SPIRIT, ETC. i8i proper and insignificant. How we came to translate " spirits " by the wurd "ghosts," which signifieth nothing, neither in heaven nor earth, but the imaginary inhabitants of man's brain, I examine not : but this I say, the word " spirit " in the text signifietli no such thing, but either properly a real "substance," or metaphorically, some extraordinary "ability" or " affection " of the mind , or of the body. The' disciples of Christ, seeing Him walking upon the sea (Matt. xiv. 26, and Mark vi. 49), supposed Him to be a "spirit," meaning thereby an aerial "body," and not a phantasm ; for it is said ihey all saw Him ; which cannot be understood of the delusions of the brain, (which are not common to many at once, as visible bodies are ; but singular, because of the diBer- ences of fances), but of bodies only. In like manner, where He was taken for a "spirit," by the same apostles (Luke xxiv. 37): so also (Acts xii. 15), when St. Peter was delivered out of prison, it would not be believed ; but when the maid said he was at the door, they said it was his " angel ;" by which must be meant a corporeal substance, or we must say, the disciples them- selves did follow the common opinion of both Jews and Gentiles, that some such apparitions were not imaginary, but real, and such as needed not the fancy of man for their existence. These the Jews called " spirits," and "angels," good or bad; as the Greeks call the same by the name of "demons." And some such apparitions may be real and substantial ; that is to say, subtle bodies, which God can form by the same power by which He formed all things, and make use of, as of ministers and messengers, that is to say, angels, to declare His will, and execute the same when He pleaseth, in extraordinary and supernatural manner. But when He hath so formed them, they are substances endued with dimensions, and take up room, and can be moved from place to place, which is peculiar to bodies ; and there- fore are not ghosts " incorporeal," that is to say, ghosts that are in " no place ;" tliat is to say, that are "nowhere ;" that is to say, that seeming to be "somewhat," are "nothing." But if corporeal be taken in the most vulgar manner, for such substances as are perceptible by our external senses ; then is substance incorporeal, a thing not imaginary, but real ; namely, a thin substance invisible, but that hath the same dimensions that are in grosser bodies. By the name of "angel," is signified generally, a "messenger;" and hiost often a " messenger of God ;" and by a messenger of God is signified, anything that makes known His extraordinary presence ; that is to say, the extraordinary manifestion of His power, especiallyby a dream or vision. Concerning the creation of " angels," there is nothing delivered in the Scriptures. That they are spirits, is often repeated : but by the name of spirit, is signified both in Scripture and vulgarly, both amongst Jews and Gentiles, sometimes thin bodies : as the air, the wind, the spirits vital and animal of living creatures ; and sometimes the images that rise in the fancy in dreams and visions ; which are not real substances, nor last any longer than the dream or vision they appear in ; which apparitions, though no real substances, but accidents of the brain ; yet when God raiseth them supernaturally, to signify His will, they are not improperly termed God's messengers, that is to say, His " angels." And as the Gentiles did vulgarly conceive the imagery of the brain, for things really subsistent without them, and not dependent on the fancy, and out of them framed their opinions of " demons, " good and evil ; which because they seemed to subsist really, they called "substances;" and, because they could not feel them with their hands, "incorporeal:" so also the Jews upon the same ground, without anything in the Old Testa- ment that constrained them thereunto, had generally an opinion, except the sect of the Sadducees, that those apparitions which it pleased God i82 OF A CHRISTIAN COMMOXIVEALTH. sometimes to produce in the tancj of ines, for H13 otu semce, and there- fore called them His "arigels," were sibstaaces, sot ^pendent oothe fancy, but permanent creatnres of God ; wbereof these wiiidi :Iiep tiio^^ were good to them, they esteemed d^ " angeU of God," and tbose tbey (hongbt would bmt tliem, they called " erii asge]^" or esU flints. Such as was the spirit of Python, and the spiiitx of wadwen, of hmatics, and epileptics, for they esteemed st!ch as were troabkd witli such disuses, "demoniacs." But if we consider the places of the Old Testsment where angels are mentioned, we shall find that in most of them, there can nothii^ else be understood by the word "angel," bat some image raised, sopeinatiDally, in the fancy to signify the presence of God in the execatiaa rf some super- natural work ; and therefore in the rest, where their nature is not ex- pressed, it may be understood in the same manner. For we read (Gen. xvi.) that the same apparition is called, not i»ily an " angel," but " God," where that which (rerse 7) is called the " angel " of the Lord, in the tenth verse, saith to Agar, " I will mnltipiy thy seed exceedingly ; " that is, speakedi in the person of God. Netdio' was this apparition a fancy figured, but a voice. By which it b manifest that ''angel" signifieth there nothing but "God" himself, titat caused Agar supematurally to apprehend a voice 60m heaven ; or rather, nothing else but a voice supernatural, testifying God's special presence there. Why therefore may not the angels that appeared to Lot, and are called (Gen. xix. 12) "men;" and to whom, though they were two. Lot speaketh (verse 18) as but to one, and that one as God, (for the words are, "Lot said tmto them. Oh, not so, my Lord,"} be understood of images of men, super- naturally formed in the fancy, as well as before by angel was understood a fancied voice ? When the angel called to Abraham out of heaven to stay his hand (Gen. xxii. 11) ftom slaying Isaac, there was no apparition, but a voice ; which nevertheless was called properly enough a messenger or "angel" of God, because it declared God's wiD supematurally, and saves the labour of supposing any permanent ghosts. The angels which Jacob saw on the ladder of Heaven (Gen. xxviii. 12) were a vision of his sleep, therefore only fancy and a dream ; yet being supernatural, and signs , Out of this literal interpretation of the "kingdom of God,' anseth also the true interpretation of the word "holy." For it is a word, which in God's kingdom answereth to that, which men in their kingdoms use to call "public," or the "king's." Tlie king of any country is the " public " person, or representative of all his own subjects. And God the king of Israel was the " Holy One" of Israel. The nation which is subject to one earthly sovereign, is the nation of that sovereign, that is, of the public person. So the Jews, who were God's nation, were called (Exod. xix. 6) "a holy nation." _ For by "holy," is always understood either God himself, or that which is God's, in pro- priety ; as by public is always meant, either the person of the common- wealth itself, or something that is so the commonwealth's, as no private person can claim any propriety therein. Therefore the Sabbath, God's day, is a " holy day ;" the temple, God's house, "a holy house ;" sacrifices, tithes, and offerings, God's tribute, "holy duties;" priests, prophets, and anointed kings, under Christ, God's ministers, " holy men ;" the celestial ministering spirits, God's messengers, " holy angels ;" and the like : and wheresoever the word "holy " is taken properly, there is still something signified of propriety, gotten by consent. In saying, " Hallowed be thy name," we do but pray to God for grace to keep the first commandment, of "having no other gods but Him." Man- kind is God's nation in propriety : but the Jews only were a " holy nation." Why, but because they became His propriety by covenant ? And the word " profane " is usually taken in the Scripture for the same with "common;" and consequently their contraries, "holy" and "proper," in the kingdom of God, must be the same also. But figuratively, those men also are called "holy," that led such godly lives, as if they had forsaken all wordly designs, and wholly devoted and given themselves to God. In the proper sense, that which is made " holy " by God 's appro- priating or separating it to His own use, is said to be "sanctified" by God, as the seventh day in the fourth commandment ; and as the elect in the New Testament were said to be " sanctified " when they were endued with the spirit of godliness. And that which is made " holy " by the dedication of men, and given to God, so as to be used only in His public service, is called also " sacred," and said to be consecrated, as temples, and other -houses of public prayer, and their utensils, priests, and ministers, victims, offerings, and the external matter of sacraments. Of "holiness" there be degrees: for of those things that are set apart for the service of God, there may be some set apart again for a nearer and more especial service. The whole nation of the Israelites were a people holy to God ; yet the tribe of Levi was amongst the Israelites a holy tribe ; and amongst ilie I.cviles, the prie'ts were yet more holy; and amongst the THE WORD OF GOD, ETC 189 priests, the high priest was the most holy. So the land of Judaea was the Holy Land ; but the holy city wherein God was to be ^^•orshipped, was more holy ; and again the Temple more holy than the city, and the sanctum sanctorum more holy than the rest of the Temple. A "sacrament," is a separation of some visible tiling from common use ; and a consecration of it to God's service, for a sign either of our admission into the kingdom of God, to be of the number of His peculiar people, or for a commemoration of the same. In the Old Testament, the sign of admission was " circumcision ; " in the New Testament, " baptism." The commemoration of it in the Old Testament was the " eating," at a certain time which was anniversary of the " Paschal Lamb ;" by which they were put in mind of the night wherein they were delivered out of their bondage in Egypt; and in the New Testament, the celebrating of the " Lord's Supper ; " by which we are put in mind of our deliverance from the bondage of sin, by our blessed Saviour's death upon the cross. The sacra- ments of " admission," are but once to be used, because there needs but one " admission ;" but because we have need of being often put in mind of our deliverance, and of our allegiance, the sacraments of "commemoration" have need to be reiterated. And these are the principal • sacraments, and as it were the solemn oaths we make of our allegiance. There be also other consecrations, that may be called .sacraments, as the word implieth only consecration to God's service ; but as it implies an oath, or promise of allegiance to God, there were no other in the Old Testament, but " circum- cision," and the " passover ;" nor are there any other in the New Testament, but "baptism" and the "Lord's Supper." CHAPTER XXXVL 0/ the Word of God, and of Prophets. When there is mention of the " word of God,'' or of " man," it doth not signify a part of speech, such as grammarians call a noun or a verb, or any simple voice, without a contexture with other words to make it significative ; but a perfect speech or discourse, whereby the speaker "aflirmeth," "denieth," " commandeth, " "promiseth," " threateneth," "wisheth," or "inteiTOgateth." In which sense it is not vocabulum, that signifies a "word;" but sermo (in Greek \br/oi\ that is, some "speech," "dis- course," or "saying." Again, if we saythe " word of God," or of "man," it may be understood sometimes of the speaker ; as the words that God hath spoken, or that a man hath spoken ; in which sense, when we say the Gospel of St. Matthew, we uuderstand St. Matthew to be , the writer of it, and sometimes of the subject ; in which sense when we read in the Bible, " the words of the days of the kings of Israel, or Judah," it is meant that the acts that were done in those days were the subject of those words ; and in the Greek which, in the Scripture, retaineth many Hebraisms, by the word of God is often- times meant, not that which is spoken by God, but concerning God, and His government ; that is to say, the doctrine of religion : insomuch as it is all one, to say XAyos Oeoi;, and theologia ; which is, that doctrine which we usually call "divinity," as is manifest by the places following (Acts xiii. 46), " Then Paul and Barnabas waxed bold, and said, it was necessary that the word of God should first have been spoken to you, but seeing you put it from you, and judge yourselves unworthy of everlasting li'e, lo, we 1 90 OF A CHRISTIAN COMMONWEALTH. turn to the Gentiles." That which is here called the word of God, was the doctrine of Christian religion ; as it appears evidently by that which goes before. And (Acts v. 20) where it is said to the apostles by an angel, " Go stand and speak in the Temple, all the words of this life ; " by the words of this life, is meant the, doctrine of the Gospel ; as is evident by what they did in the Temple, and'' is expressed in the last verse of the same chapter, "Daily in the Temple, and in every house they ceased not to teach and preach Christ Jesus ;" in which place it is manifest that Jesus Christ v/as the subject of this " word of life ;" or, which is all one, the subject of the "words of this life eternal," that our Saviour offered them. So (Acts xv. 7) the word of God is called " the word of the Gospel," because it containeth the doctrine of the kingdom of Christ ; and the same word (Rom. x. 8, 9) is called "the word of faith ; " that is, as is there expressed, the doctrine of Christ come, and raised from the dead. Also (Matt. xiii. 19), " When any one heareth the word of the kingdom," that is, the doctrine of the kingdom taught by Christ. Again, the same word is said (Actsxii. 24) "to grow and to be multiplied ; " which is to understand of the evangelicaldoctrine is easy, but of the voice or speech of God, hard and strange. In the same sense (i Tim. iv. l) the "doctrine of devils" signifieth not the wprds of any devil, but the doctrine of heathen men concerning " demons," and those phantasms which they worshipped as gods. Considering these two significations of the "word of God," as it is taken in Scripture, it is manifest in this latter sense, where it is taken for the doctrine of Christian religion, that the whole Scripture is the word of God : but in the former sense, not so. For example, though these words, "I am the Lord thy God," &c., to the end of the Ten Commandments, were spoken by God to Moses ; yet the preface, " God spake these words and said," is to be understood for the words of him that .wrote the holy history. The " word of God," as it is taken for that which He hath spoken, is understood sometimes " properly," some- times '•metaphorically." "Properly," as the words He hath spoken to His prophets : " metaphorically," for His wisdom, power, and eternal decree, in making the world ; in which sense, those fiats, " Let there be light," "Let there be a firmament," " Let us make man," &c.'(Gen. i.), are the word of God. And in the same sense it is said (John i. 3), " All things were made by it, and without it was nothing made that was made : " and (Heb. i. 3), " He upholdeth all things by the word of His power ; " that is, by the power of His word ; that is, by His power : and (Heb. xi. 3), " The worlds were framed by the word of God ;" and many other places to the same sense : as also amongst the Latins, the name of "fate," which signi- fieth properly " the word spoken," is taken in the same sense. Secondly, for the effect of His word ; that is to .'!ay, for the thing itself, which ,by His word is affirmed, commanded, threatened, or promised ; as (Psalm cv. 19) where Joseph is said to have been kept in prison "till his word was come ; " that is, till that was come to pass which he had foretold to Pharaoh's butler (Gen. xl. 13) concerning his being restored to his office : for there, ' ' by his word was come," is meant, the thing itself was come to pass. So also (l Kings xviii. 36) Elijah saith to God, " I have done all these thy words," instead of, " I have done all these: things at thy word," or commandment ; and (Jer. xvii. 15), " Where is the word of the Lord " is'put for "Where is the evil he threatened." And (Ezek. xii. 28), " There shall none of my words be prolonged any more :" by " words" are understood those ' ' things " which God promised to His people. And in tlie New Testament (Matt. xxii. 35), " Heaven and earth shall pass away, tui my words shall not pass away ;" that is, there is nothing that I have promised or foretold that shall not come to pass. And in this sense it is THE WORD OF GOD, ETC. igr that St. John the Evangelist, and I think St. John only, calleth our Saviour himself as in the flesh " the word of God," as (John i. 14) " the word was made flesh ;" that is to saj', the word or promise that Christ should come into the world; "whom the beginning was with God;" that is to say, it was in the purpose of God the Father to send God the Son into the world to enlighten men in the way of eternal life ; but it was not till then put in execution and actually incarnate. So that our Saviour is there called the " word," not because He was the promise, but the thing promised. They that taking occasion from this place do com- monly call Him the verb of God, do but render the text more obscure. They might as well term Him the noun of God: for as by "noun," so also by " verb," men understand nothing but a part of speech, a voice, a sound, that neither afifirms, nor denies, nor commands, nor promiseth, nor is any snbstance corporeal or spiritual ; and therefore it cannot be said to be either God or man ; whereas our Saviour is both. And this " word," which St. John in his gospel saith was with God, is (in his first Epistle, verse i) called the "word of life;" and (verse 2) " the eternal life, which was with the Father." So that He can be in no other sense called the " word " than in that wherein He is called eternal life ; that is, " He that hath procured us eternal life" by His coming in the "flesh. So also (Apocalypse xix. 13) the apostle, speaking of Christ clothed in a garment dipped in blood, saith. His name is " the word of God ; " which is to be understood as if He had said His name had been " He that was come, according to the purpose, of God from the beginning, and according to His word and promises delivered by the prophets." So that there is nothing here of the incarnation of a word, but of the incarnation of God the Son, therefore called "the word," because His incarnation wa^ the performance of the promise ; in like manner as the Holy Ghost is called (Acts i. 4 ; Luke xxiv. 49) " the promise." There are also places of the Scripture, where, by the " word of God," is signified such words as are consonant to reason and equity, though spoken sometimes neither by prophet, nor by a holy man. For Pharaoh-Necho was an idolater ; yet his words to the good king Josiah, in which he advised him by messengers, not to oppose him in his march against Charchemish, are said to have proceeded from the mouth of God ; and Josiah, not heark- ening to them, was slain in the battle ; as is to be read (2 Chron. xxxv. zY, 22, 23). It is true, that as the same history is related in the first book of Esdras, not Pharaoh, but Jeremiah, spake these words to Josiah, from the mouth of the Lord. But we are to give credit to the canonical Scripture, whatsoever be written in the Apocrypha. The "word of God," is then also to be taken for the dictates of reason and equity, when the same is said in the Scriptures to be written in man's heart ; as Psalm xxxvii. 31 ; Jer. xxxi. 33 ; Deut. xxx. 11, 14, and many other like places. The name of "prophet" signifieth in Scripture, sometimes "prolo- cutor ;" that is, he that speaketh from God to man, or from man to God : and sometimes " predictor," or a foreteller of things to come : and sometimes one that speaketh incoherently, as men that are distracted. It is most frequently used in the sense of speaking from God to the people. So Moses, Samuel, Elijah, Isaiah, Jeremiah, and others were "prophets." And in this sense the high priest was a "prophet," for he only went into the sanctum sanctorum to inquire of God ; and was to declare His answer to the people. And therefore when Caiaphas said it was expedient that one man should die for the people, St. John saith (chapter xi. 51) that "He spake not this of himself, but being high priest that year, he prophesied that one man should die for the nation." Also they that in Chnstian con- 193 OF A CHRISTIAN COMMONWEALTH. giegations taught the people (i Cor. xiv. 3), are said to prophesy. In the like sense it is that God saith to Moses (Exod. iv. 16) concerning Aaron, "He shall be thy spokesman to the people ; ar.d he shall be to thee a mouth, and thou shall be to him instead of God ;" that which here is "spokes- man," is (Exod. vii. i) interpreted prophet ; " See," .«aith God, " I have made thee a god 10 Pharaoh, and Aaron thy brother shall be thy prophet." In the sense of speaking from man to God, Abraham is called a prophet (Gen. XX. 7), where God in a dream speaketh to Abimelech in this manner, " Now therefore restore the man his wife, for he is a prophet, and shall pray for thee :" whereby may be also gathered that the name of prophet may be given, not unproperly, to them that in Christian churches have a call- ing to say public prayers for the congregation. In the same sense, the prophets that came down from the high place, or hill of God, witli a psaltery and a labret, and a pipe, and a harp (l Sam. x. 5, 6, and 10), Saul amongst them, are said to prophesy, in that they praised God in that manner publicly. In the like sense is Miriam (Exod. xv. 20) called a prophetess. So is it also to be taken (I Cor. xi. 4, 5), where St. Paul saith, " Every man that prayeth or prophesieth with his head covered, &c., and every woman that prayeth or prophesieth with her head uncovered ;" for prophesy in that' place signifieth no more but praising God in psalms and holy songs ; which women might do in the church, though it were not law- .ful for them to speak to the congregation. And in this signification it is that the poets of the heathen, that composed hymns and other sorts of poems in the honour of their gods, were called vates, prophets ; as is well enough known by all that are versed in the books of the Gentiles, and as is evident (Tit. i. 12), where S;. Paul saith of the Cretians, that a prophet of their own said they were liars ; not that St. Paul held their poets for prophets, but acknowledgeth that the word prophet was commonly used 10 signify them that celebrated the honour of God in verse. When by prophesy is meant prediction, or foretelling of future contin- gence ; not only they were prophets, who were God's spokesmen, and foretold those things to others which God had foretold to them ; but also all those impostors that pretend, by help of familiar spirits, or by super- stitious divination of events past, from false causes to foretell the like events in time to come ; of which, as I have declared already in the twelfth chapter of this discourse, there be many kinds, who gain in the opinion of the common sort of men a greater reputation of prophesy, by one casual event that may be but wrested to their purpose, that can be lost again by never so many failings. Prophesy is not an art, nor, when it is taken for prediction, a constant vocation ; but an extraordinary and temporary em- ployment from God, most often of good men, but sometimes also of the wicked. The woman of Endor, who is saiii to have had a familiar spirit, and thereby to have raised a phantasm of Samuel, and foretold Saul his death, was not therefore a prophetess, for neither had she any science, whereby she could raise such a phantasm, nor does it appear that God com- manded the raising of it ; but only guided that imposture to be a means of Saul's terror and discouragement, and by consequent, of the discomfiture by which he fell. And for incoherent speech it was amongst the Gentiles taken for one sort of prophecy, because the prophets of their oracles, intoxicated with a spirit or vapour from the cave of the Pythian oracle at Delphi, were for the time really mad, and spake like madmen ; of whose loose words a sense might be made to fit any event, in such sort, as all bodies are said to be made of materia prima. In Scripture I find it also BO taken (l Sam. xviii. 10) in these words, " And the evil spirit came upon Saul, and he prophesied in the midst of the house." And although there be so many significations in Scripture of the word TH^ WORD OF COD, ETC. ' 193 " prophet ; " yet is that the most frequent, in which it is taken for him, to whom God spealceth immediately that which the prophet is to say from Ilim, to some other man, or to the people. And hereupon a question may be asked, in what manner God speaketh to such a prophet. Can it, may some say, be properly said that God hath voice and language, when it can. not be properly said He hath a tongue or other organs as a man ? The prophet David argueth thus (Psalm xciv. 9), " Shall lie that made the eye, not see ? or He that made the ear, not hear ? " But this may be spoken, not as usually, to signify God's nature, but to signify our intention to honour Him. For to "see "and "hear," are honourable attributes, and may be given to God to declare, as far as our capacity can conceive, His almighty power. But if it were to be taken in the strict and proper sense, one might argue from His making of all other parts of man's body, thit He had also the same use of them which we have ; which would be many of them so uncomely as it would be the greatest contumely in the world to ascribe them to Him, Therefore we are to interpret God's speaking to men immediately, for that way, whatsoever it be, by which God makes them understand His will. And the ways whereby He doth this are many, and to be sought only in the Holy Scripture ; where though many times it be said that God spake to this and that person, without declaring in what manner ; yet there be again many places that deliver also the signs by which they were to acknow- ledge His presence and commandment; and by these may be understood how He spake to many of the rest. In what manner God spake to Adam, and Eve, and Cain, and Noah, is not expressed : nor how He spake to Abraham, till such time as he came out of his own country to Sichem, in the land of Canaan ; and then (Gen. xii. 7) God is said to have " appeared " to him. So there is one way whereby God made His presence manifest ; that is, by an " apparition" or "vision." And again (Gen. xv. i), "The word of the Lord came to Abraham, in a vision," that is to say, somewhat as a sign of God's presence, appeared as God's messenger to speak to him. Again, the Lord appeared to Abraham (Gen. xviii. i) by an apparition of three angels, and to Abimelech (Gen. xx. 3) in a dream ; to Lot (Gen. xix. l) by an apparition of two angels ; and to Agar (Gen. xxi. ly) by the apparition of one angel ; and to Abraham again (Gen. xxii. 11) by the apparition of a voice from heaven ; and (Gen. xxvi. 24) to Isaac in the night, that is, in his sleep, or by dream ; and to Jacob (Gen. xxviii. 12) in a dream, that is to say, as are the words of the text, "Jacob dreamed that he saw a ladder," &c. ; and (Gen. xxxii. l) in a vision of angels; and to Moses (Exod. iii. 2) in the apparition of a flame of fire out of the midst of a bush. And after the time of Moses, where the manner how God spake immediately to man in the Old Testament is expressed, He spake always by a vision, or by a dream ; as to Gideon, Samuel, Eliah, Elisha, Isaiah, Erekiel, and the rest of the prophets ; and often in the New Testament, as to Joseph, to St. Peter, to St. Paul, and to St. John the Evangelist in the Apocalpyse. Only to Moses He spake in a more extraordinary manner in Mount Sinai, and in the Tabernacle ; and to the high priest in the Tabernacle, and in the sanctum sanctorum of the Temple. But Moses, and after him the high priests, were prophets of a more eminent place and degree in God's favour ; and God himself in express words declareth, that to other prophets He spake in dreams and visions, but to His servant Moses, in such a manner as a man speaketh to his friend. The words are these (Numb. xii. 6, 7, 8), " If there be a prophet among you, I the Lord will make myself known to him in a vision, and will speak unto him in a dream. My servant Moses is not so, who is faithful in all my house ; with him I will speak mouth to mouth, even apparently, not in dark speeches ; and the similitude of the G 194 OF A CHRISTIAN COMMONWEALTH. Lord shall he behold." And (Exod. xxxiii. ii), "The Lord spake to Moses face to face, as a man speaketh to his friend." And yet this speaking of God to Moses, was by mediation of an angel, or angels, as appears expressly. Acts vii. 35 and 53, and Gal. iii. 19; and was therefore avision, though a more clear vision than was given to other prophets. And conformable hereunto, where God saith (Deut. xiii. i), "If there arise amongst you a prophet, or dreamer of dreams," the latter word is but the interpretation of the former. And (Joel ii. 28), " Your sons and your daughters shall prophesy ; your old men shall dream dreams, . and your young men shall see visions ; " where again the word " prophesy " is expounded by "dream " and "vision." And in the same manner it was that God spake to Solomon, promising him wisdom, riches, and honour ; for the text saith (l Kings iii. 15), "And Solomon awoke, and behold it was a dream ; " so that generally the prophets extraordinary in the Old Testament took notice of the word of God no otherwise than from their dreams or visions ; that is to say, from the imaginations which they had in their sleep, or in an extasy : which imaginations in every true prophet were supernatural ; but in false prophets were either natural or feigned. The same prophets were nevertheless said to speak by the spirit ; as (Zech. vii. 12) ; where the prophet speaking of the Jews, saith, " They made their hearts hard as adamant, lest they should hear the law, and the words which the Lord of hosts hath sent in His Spirit by the former prophets." By which it is manifest, that speaking by the "spirit," or "inspiration," was not a particular manner of God's speaking, different from vision, when they that were said to speak by the Spirit were extra- ordinary prophets, such as for every new message were to have a peculiar commission, or which is all one, a new dream or vision. Of prophets, that were so by a perpetual calling in the Old Testament, some were " supreme," and some " subordinate : " supreme were first Moses ; and after him the high priests, every one for his time, as long as the priesthood was royal ; and after the people of the Jews had rejected God, that He should no more reign over them, those kings which submitted themselves to God's government, were also His chief prophets, and the high priest's office became ministerial. And when God was to be consulted, they put on the holy vestments, and inquired of the Lord as the king com- manded them, and were deprived of their office when the king thought fit. For king Saul (i Sam. xiii. 9) commanded the burnt-offering to be brought, and (l Sam. xiv. 18) he commands the priests to bring the ark near him ; and (verse 19) again to let it alone, because he saw an advantage upon his enemies. And in the same chapter (verse 37) Saul asketh counsel of God. In like., manner king David, after his being anointed, though before he had possession of the kingdom, is said to "inquire of the Lord" (l Sam. xxiii. 2) whether he should fight against the Philistines at Keilah : and (verse 9) David commandeth the priest to bring him the ephod, to inquire whether he should stay in Keilah or not. And king Solomon (i Kings ii. 27) took the priesthood from Abiathar and gave it (verse 35) to Zadok. There- fore Moses, and the high priests, and the pious kings, who inquired of God on all extraordinary occasions how they were to carry themselves, or what event they were to have, were all sovereign prophets. But in what manner God spake unto them is not manifest. To say that when Moses went up to God in Mount Sinai, it was a dream or vision, such as other prophets had, is contrary to that distinction which God made between Moses and other prophets (Numb. xii. 6, 7, 8). To say God spake or appeared as He is in His own nature, is to deny His infiniteness, iiivisibility,incomprehensibility. To say He spake by inspiration, or infusion of the Holy Spirit, as the Holy Spirit signifieth the Deity, is to make Moses equal with Christ, in whom THE WORD OF GOD, ETC. 195 only the Godhead (as St. Paul speaketh, Col. ii. 9) dwelleth bodily. And lastly, to say He spake, by the Holy Spirit, as it signifieth the graces or gifts of the Holy Spirit, is to attribute nothing to Him supernatural. For God disposeth men to piety, justice, mercy, truth, faith, and all manner of virtue, both moral and intellectual, by doctrine, example, and by several occasions, natural and ordinary. And as these ways cannot be applied to God in His speaking to Moses at Mount Sinai ; so also they cannot be applied to Him in His speaking to the high priests from the mercy seat. Therefore in what manner God spake to those sovereign prophets of the Old Testament, whose office it was to inquire of Him, is not intelligible. In the time of the New Testament, there was no sovereign prophet but our Saviour, who was both God that spake, and the prophet to whom He spake. To subordinate prophets of perpetual calling, I find not any place that proveth God spake to them supernaturally ; but only in such manner as naturally He inclineth men to piety, to belief, to righteousness, and to other virtues all other Christian men. Which way, though it consist in constitu- tion, instruction, education, and the occasions and invitements men have to Christian virtues, yet it is tnily attributed to the operation of the Spirit of God, or Holy Spirit, which we in our language call the Holy Ghost ; for there is no good inchnation; that is not of the operation of God, But these operations are not always supernatural. When therefore a prophet is said to speak in the spirit, or by the Spirit of God, we are to understand no more but that he speaks according to God's will, declared by the supreme prophet. For the most common acceptation of the word spirit, is in the sig- nification of a man's intention, mind, or disposition. In the time of Moses, there were seventy men besides himself that " prophesied " in the camp of the Israelites. In what manner God spake to them, is declared in Numbers, chap. xi. verse 25 : " The Lord came down in a cloud, and spake unto Moses, and took of the spirit that was upon him, and gave it to the seventy elders. And it came to pass, when the spirit rested upon them, they prophesied and did not cease." By which it is manifest, first, that their prophesying to the people was subservient and subordinate to the prophesying of Moses ; for that God took of the spirit of Moses, to put upon them ; so that they prophesied as Moses would have them : otherwise they had not been suffered to prophesy at all. For there was (verse 27) a complaint made against them to Moses ; and Joshua would have Moses to have forbidden them j which he did not, but said to Joshua, " be not jealous in my behalf." Secondly, that the spirit of God in that place signifieth nothing but the mind and disposition to obey and assist Moses in the administration of the government. For if it were meant they had the substantial spirit of God ; that is, the divine nature, inspired into them, then they had it in no less manner than Christ himself, in whom only the spirit of God dwelt bodily. It is meant therefore of the gift and grace of God, that guided them to co-operate with Moses ; from whom their spirit was derived. And it appeareth (Numb. xi. 16) that they were such as Moses himself should appoint for elders and officers of the people : for the words are, " Gather unto me seventy men, whom thou knowest to be elders and officers of the people : " where, "thou knowest," is the same with " thou appointest," or " hast appointed to be such." For we are told before (Exod. xviii. 24) that Moses following the counsel of Jetliro, his father-in-law, did appoint judges and officers over the people, such as feared God ; and of these were those seventy, whom God, by putting upom them Moses' spirit, inclined to aid Moses in the administra- tion of the kingdom : and in this sense the spirit of God is said (t Sam. xvi. 13, 14) presently upon the anointing of David, to have come upon 196 OF A CHRISTIAN COMMONWEALTH. David, and left Saul ; God giving His graces to him He chose to govern His people, and taking them away from him He rejected. So that by the spirit is meant inclination to God's service ; and not any supernatural revelation. God spake also many times by the event of lots ; wrhich were ordered by such as He bad put in authority over His people. So we read that God manifested by the lots which Saul caused to be drawn (i Sam. xiv. 43) the fault that Jonathan had committed, in eating a honey-comb, contrary to the oath taken by the people. And (Josh xviii. 10) God divided the land of Canaan amongst the Israelites, by 'the "lots that Joshua did cast before the l«rd in Shiloh." In the same manner it seemeth to be, that God dis- covered (Joshua vii. 15, &c.) the crime of Achan. And these are the ways whereby God declared His will in the old Testament. All which ways He used also in the New Testament. To the Virgin Mary, by a vision of an angel : to Joseph in a dream : again, to Taul, in the way to Damascus, in a vision of our Saviour : and to Peter in the vision of a sheet let down from heaven, with divers sorts of flesh ; of clean, and unclean beasts ; and in prison, by vision of an angel : and to all the apostles, and writers of the New Testament, by the graces of His spirit ; and to the apostles again, at the choosing of Matthias in the place of Judas Iscariot, by lot. Seeing then, all prophecy supposeth vision, or dream (which two, when they be natural, are the same), or some especial gift of God so rarely ob- served in mankind as to be admired where observed ; and seeing as well such gifts, as the most extraordinary dreams and visions, may proceed from God, not only by his supernatural and immediate, but also by His natural operation, and by mediation of second causes ; there is need of reason and judgment to discern between natural and supernatural gifts, and between natural and supernatural visions or dreams. And consequently men had need to be very circumspect and wary, in obeying the voice of man, that pretending himself to be a prophet, requires us to obey God in that way, which he in God's name telleth us "to be the way to happiness. For he that pretends to teacli men the way of so great felicity, pretends to govern them ; that is to say, to rule and reign over them ; which is a thing that all men naturally desire, and is therefore worthy to be suspected of ambition and imposture ; and consequently, ought to be examined and tried by every man, before he yield them obedience ; unless he have yielded it them already, in the institution of a commonwealth ; as when the prophet is the civil sovereign, or by the civil .sovereign authorized. And if this examination of prophets and spirits were not allowed to every one of the people, it had been to no purpose to set out the marks by which every man might be able to distinguish between those whom they ought, and those whom they ought not to follow. Seeing therefore such marks are set out (Deut. xiii. i, &c.) to know a prophet by; and (i John iv. I, &c.) to know a spirit by : and seeing there is so much prophesying in the Old Testament, and so much preaching in the New Testament, against propliets; and so much greater a number ordinarily of false phophets, than of true ; every one is to beware of obeying their directions, at their own peril. And 6rst, that there were many more false than true prophets, appears by this, that when Ahab (i Kings xxii.) consulted four hundred prophets, they were all false impostors, but only one Micaiah. And a little before the time of the captivity, the prophets were generally liars. " Tlie prophets (saith the Lord, by Jeremiah, chap. xiv. 14) prophesy lies in my name. I sent them not, neither have I commanded them, nor spake unto them ; they prophesy to you a false vision, a thing of nought, and the deceit of their heart." Insomuch as God commanded the people by the mouth of the prophet Jeremiah (chap, xxiii. 16) not to obey them: "Thus saith the Lord of hosts, hearken not unto the words of the prophets, that prophesy to THE WORD OF GOD, ETC. 197 you. They make you vain, they speak a vision of their own heart, and not out of the mouth of the Lord." Seeing then there was in the time of the Old Testament such quarrels amongst the visionary prophets, one contesting v/ith another, and asking, •' When departed the Spirit from me to go to thee ? " as between Micaiah and the rest of the four hundred ; and such giving of the lie to one another (as in Jerem. xiv. 14), and such controversies in tlie New Testament at this day, amongst the spiritual prophets ; every man then was and now is bound to make use of his natural reason, to apply to all prophecy those rules which God hath given us to discern the true from false. Of which rules, in the Old Testament, one was, conformable' doctrine to that which Moses the sovereign prophet had taught them ; and the other, the miracu- lous power of foretelling what God would bring to pass, as I have already showed out of Deut. xiii. i, &c. And in the New Testament there was but one only mark ; and that was the preaching of this doctrine, " that Jesus is the Christ," that is, king of the Jews, promised in the Old Testament. Whosoever denied that article, he was a false prophet, whatsoever miracles he might seem to work ; and he that taught it was a true prophet. For St. John (i Epist. iv. 2, &c.), speaking expressly of the means to examine spirits, whetlier they be of God, or not ; after he had told them that there would arise false prophets, saith thus : " Hereby know ye the Spirit of God. Every spirit that confesseth that Jesus Christ is come in the flesh, is of God ; " that is, is approved and allowed as a prophet of God : not that he is a godly man, or one of the elect, for this, that he confesseth, professeth, or preacheth Jesus to be the Christ ; but for that he is a prophet avowed. For God sometimes speaketh by prophets, whose persons He hath not accepted ; as He did by Balaam ; and as He foretold Saul of his death, by the Witch of Endor. Again in the next verse, ' ' Every spirit that confesseth not that Jesus Christ is come in the flesh, is not of Christ ; and this is the spirit of Antichrist." So that the rule is perfect on both sides ; that he is a true prophet, which preacheth the Messiah already come, in the person of Jesus ; and he a false one that denieth Him come, and looketh for Him in some future impostor, that shall take upon him that honour falsely, whom the apostle there properly calleth Antichrist. Every man therefore ought to consider who is the sovereign prophet ; ihat is to say, who it is that is God's vicegerent on earth ; and hath next under God, the authority of governing Christian men ; and to observe for a rule that doctrine, which in the name of God, He hath commanded to be taught ; and thereby to examine and liy out the truth of those doctrines which pretended prophets, with miracle, or without, shall at any time advance ; and if they find it contrary to that rule, to do as they did that came to Moses and complained that there were some that prophesied in the camp, whose authority so to do they doubled of; and leave to the sovereign, as they did to Moses, to uphold or to for)iid them, as he should see cause ; and if he disavow them, then no more to obey their voice ; or if he approve them, then to obey them, .is men to whom God hath given a part of the spirit of their sovereign. For when Christian men take not their Christian sovereign for God's prophet, they must either take their own dreams for the prophecy they mean to be governed by, and the tumour of their own hearts for the Spirit of God, or they must suffer themselves to be led by some strange prince ; or by some of their fellow-subjects, that can bewitch them, by slander of the government, into rebellion, without other miracle to confirm their calling than sometimes an extraordinary success and impunity ; and by this means destroying all laws, both divine and human, reduce all order, government, and society to the first chaos of violence and civil war. 198 OF A CHRISTIAN COMMONWEALTH. CHAPTER XXXVII. Of Miracles, and their Use. By "miracles" ave signified the admirable works of God : and therefore lliey are also called " wonders." And because they are for the most part done for a signification of His commandment, in such occasions, as without them, men are apt to doubt, (following their private natural reasoning,) what He hath commanded, and what not, they are commonly, in Holy Scripture, called "signs," in the same sense as they are called by the Latins ostenta and fortetita, from showing and fore-signifying that which the Almighty is about to bring to pass. To understand therefore what is a miracle, we must first understand what works they are which men wonder at and call admirable. And there be but two things which make men wonder at any event : the one is, if it be strange, that is to say, such as the like of it hath never, or very rarely, been produced : the other is, if when it is produced, we cannot imagine it to have been done by natural means, but only by the immediate hand of God. But when we see some possible, natural cause of it, how rarely soever the like has been done, or if the like have been often done, how impossible soever it be to imagine a natural means thereof, we no more wonder nor esteem it for a miracle. Therefore, if a horse or cow should speak, it were a miracle ; because both the thing is strange, and the natural cause difficult to imagine. So also were it to see a strange deviation of Nature, in the production of some new shape of a living creature. But when a man, or other animal, engenders his like, though we know no more how this is done than the other ; yet because it is usual, it is no miracle. In like manner, if a man be metamor- phosed into a stone, or into a pillar, it is a miracle ; because strange : but if a piece of wood be so changed ; because we see it often, it is no miracle ; and yet we know no more by what operation of God the one is brought to pass than the other. The first rainbow that was seen in the world was a miracle, because the first ; and consequently strange ; and served for a sign from God, placed in heaven, to assure His people there should be no more any universal destruc- tion of the world by water. But at this day, because they are frequent, they are not miracles, neither to them that know their natural causes, nor to them who know them not. Again, there be many rare works produced by the art of man ; yet when we know they are done, because thereby we know also the means how they are done, we count them not for muracles, because not wrought by the immediate hand of God, but of human industry. Furthermore, seeing admiration and wonder are consequent to the know- ledge and experience wherewith men are endued, some more, some less ; it foUoweth that the same thing may be a miracle to one and not to another. And thence it is that ignorant and superstitious men make great wonders of those works which other men, knowing to proceed from Nature (which is not the immediate, but the ordinary work of God), admire not at all : as when eclipses of the sun and moon have been taken for supernatural works by the common people ; when nevertheless there were others who could from their natural causes have foretold the very hour they should arrive : or as when a man, by confederacy and secret intelligence, getting know- ledge of the private actions of an ignorant, unwary man, thereby tells him what he has done in former times ; it seems to him a miraculous thing ; MIRACLES, AND THElli USE. 199 but amongst wise and cautelous men such miracles as those cannot easily be done. ^ Again, it belongeth to the nature of a miracle lliat it be wrought for the procuring of credit to God's messengers, ministers, and prophets, that thereby men may know they are called, sent, and employed by God, and thereby be the better inclined to obey them. And therefore, though the creation of the world, and after that the destruction of all living creatures in the universal deluge, were admirable works ; yet because they were not done to procure credit to any prophet or other minister of God, they use not to be called miracles. For how admirable soever any work be, the admiration consistetli not in that it could be done ; because men naturally believe the Almighty can do all things ; but because He does it at the prayer or word of a man. But the works of God in Egypt, by the hand of Moses, were properly miracles ; because they were done with intention to make the people of Israel believe that Moses came unto them, not out of any design of his own interest, but as sent from God. Therefore, after God had commanded him to deliver the Israelites from the Egyptian bondage, when he said (Exod. iv. i), "They will not believe me, but will say, the Lord hath not appeared unto me," God gave him power to turn the rod he had in his hand into a serpent, and again to return it into a rod ; and by putting his hand into his bosom, to make it leprous ; and again by putting it out, to make it whole ; to make the children of Israel believe (as it is verse 5) that the God of their fathers had appeared unto him : and if that were not enough, He gave him power to turn their waters into blood. And when he had done these miracles before the people, it is said (verse 31) that " they believed him." Nevertheless, for fear of Pharaoh, theydurst not yet obey him. Therefore, the other works which were done to plague Pharaoh aud the Egyptians, tended all to make the Israelites believe in Moses, and were properly m iracles. In like manner, if we consider all the miracles done by the hand of Moses, and all the rest of the prophets, till the captivity ; and those of our Saviour, and His apostles afterwards ; we shall find, their end was always to beget or confirm belief, that they came not of their own motion, but were sent by God. We may farther observe in Scripture, that the end of miracles was to beget belief, not universally in all men, elect and reprobate, but in the elect only ; that is to say, in such as God had determined should become His subjects. For those miraculous plagues of Egypt had not for their end the conversion of Pharaoh ; for God had told Moses before that Pie would harden the heart of Pharaoh, that he should not let the people go : and when he let them go at last, not the miracles persuaded him, but the plagues forced him to it. So also of our Saviour, it is written (Matt. xiii. 58), that He wrought not many miracles in Ilis own country because of their unbelief; and (in Mark vi. 5) instead of "He wrought not many," it is " He could work none." It was not because He wanted power, which to say, were blasphemy against God ; nor that the end of miracles was not to convert incredulous men to Christ ; for the end of all the miracles of Moses, of the prophets, of our Saviour, and of His apostles was to add men to the church ; but it was because the end of their miracles was to add to the church, not all men, but such as should be saved ; that is to say, such as God had elected. Seeing therefore our Saviour was sent from His Father, He could not use His power in the conversion of those whom His Father had rejected. They that expounding this place of St. Mark say that this word, "He could not," is put for "He would not," do it without example in the Greek tongue: where "would not," is put sometimes for " could not," in things inanimate, that have no will ; but " could not " for "would not" never: and thereby lay a stumbling-block before weak Christians ; as if Christ could do no miracles but amongst the credilous. 200 OF A CHRISTIAN COMMONWEALTH. From that which I have here set down of the nature and use of a miracle, we may define it tlius : " a miracle is a work of God (besides His opera- tion by the way of Nature, ordained in the creation) done, for the making manifest to His elect the mission of an extraordinary minister for their salvation." And from this definition we may. infer : first, that in all miracles the work done is not the effect of any virtue in the prophet, because it is the effect of the immediate hand of God : that is to say, God hath done it, without using the prophet therein as a subordinate cause. Secondly, that no devil, angel, or other created spirit, can do a miracle. For it must either be by virtue of some natural science, or by incantation, that is, by virtue of words. For if the enchanters do it by their own power i)ulependent, there is some power tliat proceedeth not from God, which all men deny; and if they do it by power given them, then is the work not from the immediate hand of God, but natural, and consequently no miracle. There be some texts of Scripture that seem to attribute the power of working wonders equal to some of those immediate miracles wrought by God himself, to certain arts of magic and incantation. As for example, when we read that after the rod of Moses being cast on the ground became a serpent (Exod. vii. ii), "the magicians of Egypt did the like by their en- chantments : " and that after Moses had turned the waters of the Egyptian streams, rivers, ponds, and pools of water into blood (Exod. vii. 22), " the magicians did so liliewise with their enchantments ; " and that after Moses had by the power of God brought frogs upon the land (Exod. viii. 7), "the magicians also did so with their enchantments, and brought up frogs upon the land of Egypt ; " will not a man be apt to attribute miracles to enchant- ments ; that is to say, to the efficacy of the sound of words ; and think the same very well proved out of this, and other such places? And yet there is no place of Scripture that telleth us what an enchantment is. If therefore enchantment be not, as many think it, a working of strange effects by spells and words ; but imposture and delusion, wrought by ordinary means, and so far from supernatural, as the impostors need not the study so much as of natural causes, but the ordinary ignorance, stupidity, and superstition of mankind, to do them ; those texts that seem to countenance the power of magic, witchcraft, and enchantment, must needs have another sense than at first sight they seem to bear. For it is evident enough that words have no effect but on those that understand them ; and tlien they have no other but to signify the intentions or passions of them that speak ; and thereby produce hope, fear, or other passions or conceptions in the hearer. Thierefore when a rod seemeth a serpent, or the waters blood, or any other miracle seemeth done by enchantment ; if it be not to the edification of God's people, not the rod, nor the water, nor any otlier thing is enchanted ; that is to say, wrought upon by the words, but the spectator. So that all the miracle consisteth in this, that the enchanter has deceived a man ; which is no miracle, but a very easy matter to do. For such is the ignorance and aptitude to error generally of all men, but especially of them that have not much knowledge of natural causes, and of the nature and interests of men ; as by innumerable and easy tricks to be abused. What opinion of miraculous power, before it was known theie was a science of the course of the stars, might a man have gained, that should have told the people this hour or day the sun should be darkened? A juggler by the handling of his goblets and other trinkets, if it were not now ordinarily practised, would be thought to do his wonders by the power at least of the devil. • A man that hath practised to speak by drawing in of his breath (which kind of men in ancient time were called MIRACLES, AND THEIR USE. 201 ventriloqiii), and so make ihe weakness of his voice seem to proceed, not from the \v£ak impulsion of the organs of speech, but from distance of place, is able to make very many men believe it is a voice from Heaven, whatsoever he please to tell them. And for a crafty man that hath inquired into the secrets and familiar confessions that one man ordinarily maketh to another of his actions and adventures past, to tell them him again is no hard matter ; and yet there be many that by such means as that obtain the reputation of being conjurers. But it is too long a business to reckon up the several sorts of those men, which the Greeks called 6avnaTovpyoi, that is to say, workers of things wonderful : and yet these do all they do by their own single dexterity. But if we look upon the impostures wrought by confederacy, there is nothing how impossible soever to be done that is impossible to be believed. For two men conspiring, one to seem lame, the other to cure him with a charm, will deceive many ; but many conspiring, one to seem lame, another so to cure him, and all the rest to bear witness, will deceive many more. In this aptitude of mankind to give too hasty belief to pretended miracles, tliere can be no better, nor I think any other caution, than that which God hath prescribed, first by Moses, as I have said before in the precedent chapter, in the beginning of the xiiith and end of the xviiith of Deuteronomy ; that we take not any for prophets that teach any other religion than that which God's lieutenant, which at that time was Moses, hath established ; nor any, though he teach the same religion, whose prediction we do not see come to pass. Moses therefore in his time, and Aaron and his successors in their times, and the sovereign governor of God's people, next under God himself, that is to say, the head of the Church, in all times, are to be consulted, what doctrine he hath established, before we give credit to a pretended miracle or prophet. And when that is done, the thing they pretend to be a miracle, we must both see it done, and use all means possible to consider, whether it be really done ; and not only so, but whether it be such as no man can do the like by his natural power, but that it requires the immediate hand of God. And in this also we must have recourse to God's lieutenant, to whom in all doubtful cases we have submitted our private judgments. For example : if a man pretend, after certain words spoken over a piece of bread, that presently God hath made it not bread, but a god or a man, or both, and nevertheless it looketh still as like bread as ever it did : there is no reason for any man to think it really done, nor consequently to fear him, till he inquire of God, by His vicar or lieutenant, whether it be done or not. If he say not, then foUoweth that which Moses saith (Deut. xviii. 22), " he hath spoken it presumptuously, thou shalt not fear him." If he say it is done, then he is not to contradict it. So also if we see not, but only hear tell of a miracle, we are to consult the lawful Church ; that is to say, the lawful head thereof, how far we are to give credit to the relators of it. And this is chiefly the case of men that in these days live under Christian sovereigns. For in these times I do not know one man that ever saw any such wondrous work, done by the charm, or at the word, or prayer of a man, that a man endued but with a mediocrity of reason would think super- natural : and the question is no more whether what we see done be a miracle ; whether the miracle we hear or read of were a real work, and not the act of a tongue or pen ; but in plain terms, whether the report be true or a lie. In which question we are not every one to make our own private reason or conscience, but the public reason, that is, the reason of God's supreme lieutenant, judge ; and indeed we have made him judge already, if we have given him a sovereign power to do all , that is necessary for our peace and defence. A private man has always the liberty, because thought is free, to believe or not believe in his heart those acts that have been given out for 203 OF A CHRISTIAN COMMONWEALTH. miracles, according as he shall see what benefit can accrue by men's belief, to those that pretend or countenance them, and thereby conjecture whether they be miracles or lies. But when it comes to confession of that faith, the private reason must submit to the public ; that is to say, to God s lieutenant. But who is this lieutenant of God, and head of the Church, shall be considered in its proper place hereafter. CHAPTER XXXVIII. Of the Signification in Scripture of Eternal Life, Hell, Salvation, the World f to Come, and Redemption. The maintenance of civil society depending on justice, and justice on the power of life and death, and other less rewards and punishments, residing in them that have the sovereignty of the commonwealth ; it is impossible a commonweath should stand, where any other than the sovereign hath a power of giving greater rewards than life, and of inflicting greater punish- ments than death. Now seeing "eternal life " is a greater reward than the "life present;" and " eternal torment " a greater punishment than the ' ' death of nature ;" it is a thing worthy to be well considered of all men that desire, by obeying authority, to avoid the calamities of confusion and civil war, what is meant in Holy Scripture by "life eternal," and " torment eternal ;" and for what offences and against whom committed, men are to be " eternally tormented ;" and for what actions they are to obtain " eternal life." And first we find that Adam was created in such a condition of life, as had he not broken the commandment of God, he had enjoyed it in the para- dise of Eden everlastingly. For there was the "tree of life," whereof he was so long allowed to eat, as he should forbear to eat of the tree of knowledge of good and evil ; which was not allowed him. And therefore as soon as he had eaten of it, God thrust him out of paradise (Gen. iii. 22), ' ' lest he should put forth his hand, and take also of the tree of life and live for ever." By which it seemeth to me (with submission nevertheless both in this, and in all questions whereof the determination dependeth on the Scriptures, to the interpretation of the Bible authorized by the common- wealth, whose subject I am), that Adam, if he had not sinned, had had an eternal life on earth, and that mortality entered upon himself and his posterity by his first sin. Not that actual death then entered ; for Adara tlien could never have had children ; whereas he lived long after, and saw a numerous posterity ere he died. But where it is said (Gen. ii. 17), "In the day that thou eatest thereof, thou shalt surely die," it must needs be meant of his mortality and certitude of death. Seeing then eternal life was lost by Adam's forfeiture in committing sin, he that should cancel that forfeiture was to recover thereby that life again. Now Jesus Christ hath satisfied for the sins of all that believe in Him ; and therefore recovered to all believers that .eternal life which was lost by the sin of Adam. And in this sense it is that the comparison of St. Paul holdeth (Rom. v. 18, 19), " As by the offence of one, judgment came upon all men to condemnation, even so by the righteousness of one the free gift came upon all men to the justification of life ;" which is aga.in (l Cor. xv. 21, 22) more perspicuously delivered in these words: " For since by man came death, by man came also the re- surrection of the doad. For as in Adj^m all die, even so in Christ shall all be made alive." . Concerning the place wherein men shall enjoy that eternal life which SIGNIFICATION OF ETERNAL LIFE. 203 Christ hath obtained for them, the texts next before alleged seem to make it on earth. For if as in Adam all die, that is, have forfeited paradise and eternal life on earth, even so in Christ all shall be made alive ; then all men shall be made to live on earth, for else the comparison were not proper. Hereunto seemeth to agree that of the Psalmist (Psalm cxxxiii. 3), " upon Zion God commanded tlie blessing, even life for evermore ; " for Zion is in Jerusalem upon earth ; as also that of St. John (Rev. ii. 7), "To him that overcometh I will give to eat of the tree of life, which is in the midst of the paradise of God." This was the tree of Adam's eternal life ; but his life was to have been on earth. The same seemeth to be confirmed again by St. John (Rev. xxi. 2), where he saith, " I John saw the lioly city, new Jerusalem, coming down from God out of heaven, prepared as a bride adorned for her husband = " and again (verse 10) to the same effect ; as if he should say, the new " Jerusalem," the paradise of God, at the coming again of Christ, should come down to God's people from heaven, and not they go up to it from earth. And this differs nothing from that which the two men in white clothing, that is the two angels, said to the apostles that were looking upon Christ ascending (Acts i. 11), " This same Jesus, who is taken upon from you into heaven, shall so come as you have seen Him go up into heaven." Which souudeth as if they had said He should come down to govern them under His Father eternally here, and not to take them up to govern them in heaven ; and is conformable to the restoration of the kingdom of God instituted under Moses, which was a political govern- ment of the Jews on earth. Again, that saying of our Saviour (Matt. xxii. 30), " that in the resurrection they neither marry, nor are given in marriage, but are as the angels of God in heaven," is a description of an eternal life, resembling that which we lost in Adam in the point of marriage. For seeing Adam and Eve, if they had not sinned, had lived on earth eternally in their individual persons ; it is manifest they should not continually have procreated their kind ; for if immortals should have generated as mankind doth now, tlie earth in a small time would not have been able to afford them place to stand on. The Jews that asked our Saviour the question, whose wife the woman that had married many brothers should be in the resurrection, knew not what were the consequences of life eternal : and therefore our Saviour puts them in mind of this conse- quence of immortality ; that there shall be no generation, and consequently no marriage, no more than there is marriage or generation among the angels. The comparison between that eternal life which Adam lost, and our Saviour by His victory over death hath recovered, holdeth also in this ; that as Adam lost eternal life by his sin, and yet lived after it for a time, so the faithful Christian hath recovered eternal life by Christ's passion, though he die a natural death, and remain dead for a time, namely, till the resurrection. For as death is reckoned from the condemnation of Adam, not from the execution ; so life is reckoned from the absolution, not from the resurrection of them that are elected in Christ. That the place wherein men are to live eternally, after the resurrection, is the lieavens (meaning by heaven, those parts of the world which are the most remote from earth, as where the stars are, or above the stars, in ancthcr higher heaven, called ecelum empyreum, whereof there is no mention in Scripture, nor ground in reason), is not easily to be drawn from any text that I can find. By the Kingdom of Heaven is meant the kingdom of the King that dwelleth in heaven ; and His kingdom was the people of Israel, whom He ruled by the prophets, His lieutenants ; first Moses, and after him Eleazar, and the sovereign priests, till in the days of Samuel they rebelled, and would have a mortal man for their king, after the inanner of other nations. And when our Saviour Christ, by the preaching of His 204 OF A CHRISTIAN COMMONWEALTH. ministeis, shall have persuaded the Jews to return, and called the Gentiles to His obedience, then shall there be a new kingdom of heaven ; because our king shall then be God, whose " throne " is heaven : without any necessity evident in the Scripture, that man shall ascend to his happiness any higher than God's "footstool" the earth. On the contrary, we find written (John iii. 13) that "no man hath ascended into heaven, but He that came down from heaven, even the Son of man, that is in heaven." Where I observe by the way, that these words are not, as those which go immediately before, the words of our Saviour, but of St. John himself ; for Christ was then not in heaven, but upon the earth. The like is said of David (Acts ii. 34), where St. Peter, to prove the ascension of Christ, using the words of the Psalmist (Psalm xvi, 10), " Thou wilt not leave my soul in hell, nor suffer thine holy one to see corruption," saith they were spoken not of David but of Christ ; and to prove it addeth this reason, " For David is not a.scended into heaven." But to this a man may easily answer and say, that though their bodies were not to ascend till the general day of judgment, yet their souls were in heaven as socn as they were departed from their bodies ; which also feemeth to be confirmed by the words of our Saviour (Luke xx. 37, 38), who proving the resurrection out of the words of Moses, saith thus, "That the dead are raised, even Moses showed at the bush, when he calleth the Lord the God of Abraham, and the God of Isaac, and the God of Jacob. For He is not a God of the dead, but of the living; for they all live to Him." But if these words bfe to be understood only of the immortality of the soul, they prove not at all that which our Saviour intended to prove, which was the resurrection of the body, that is to say, the immortality of the man. Therefore our Saviour meaneth that those patriarchs were immortal ; not by a property consequent to the essence and nature of mankind ; but by the will of God, that was pleased of His mere grace to bestow " eternal life " upon the faithful. And though at that time the patriarchs and many other faithful men were "dead," yet as it is in the text, they " lived to God ;" that is, they were written in the Book of Life with them that were absolved of their sins, and ordained to life eternal at the resurrection. That the soul of man is in its own nature eternal, and a living creature independent on the body, or that any mere man is immortal otherwise than by the resurrection in the last day, except Enoch and Elias, is a doctrine not apparent in Scripture. The whole of the xivth chapter of Job, which is the speech not of his friends, but of himself, is a complaint of this mortality of nature ; and yet no contradiction of the immortality at the resurrection. " There is hope of a tree," saith he (verse 7), " if it be cast down. Though the root thereof wax old, and the stock thereof die in the ground, yet when it scenteth the water it will bud, and biing forth boughs like a plant. But man dieth and wasteth away, yea, man giveth up the ghost, and where is he?" And (verse 12), "Man lietli down and riseth not, till the heavens be no more." But when is it that the heavens shall be no more ? St. Peter tells us that it is at the general resurrection. For in his second Epistle, chap. iii. verse 7) lie saith that "the heavens and the earth that are now, are reserved unto fire against the day of judgment, and perdition of ungodly men ;" and (verse 12), " looking for, and hasting to the coming of God, wherein the heavens shall be on fire and shall be dissolved, and the elements shall melt with fervent heat. Nevertheless we according to the promise look for new heavens and a new earth, wherein dwelleth righteousness." Therefore where Job saith "man riseth not till the heavens be no more ;" it is all one as if he had said the immortal life (and soul and life in the Scripture do usually signify the same thing) beginneth not in man till the resurrection and day of judgment ; and hath for cause, , not his specifical nature and generation, but the promise. For St. Peter SIGNIFICATION OF HELL. 205 says, not "We look for new heavens and a new earth from nature," but " from promise." Lastly, seeing it hath been already proved out of divers evident places of Scripture, in chap. xxxv. of this book, that the kingdom of God is a civil commonwealth, where God himself is sovereign, by virtue first of the " old," and since of the " new " covenant, wherein He reigneth by His vicar or lieutenant ; the same places do therefore also prove, that after the coming again of our Saviour in His majesty and glory, to reign actually and eter- nally, the kingdom of God is to be on earth. But because this doctrine, though proved out of places of Scripture not few nor obscure, will appear to most men a novelty, I do but propound it ; maintaining nothing in this, or any other paradox of religion ; but attending the end of that dispute of the sword, concerning the authority, not yet amongst ray countrymen decided, by which all sorts of doctrine are to be approved or rejected ; and whose commands, both in speech and writing, whatsoever be the opinions of private men, must by all men, that mean to be protected by their laws, be obeyed. For the points of doctrine concerning the kingdom of God have so great influence on the kingdom of man, as not to be determined but by them that under God have the sovereign power. As the kingdom of God, and eternal life, so also God's enemies, and their torments after judgment, appear by the Scripture to have their place on earth. The name of the place, where all men remain till the resurrection, that were either buried or swallowed up of the earth, is usually called in Scripture by worJs that signify "under ground;" which the Latins read generally infernus and infemi, and the Greek ASijs, that is to say, a place where men cannot see ; and containeth as well the grave as any other deeper place. But for the place of the damned after the resurrection, it is not deter- mined, neither in the Old nor New Testament, by any note of situation ; but only by the company: as that it shall be where such wicked men w.ere, as God in former times, in extraordinary and miraculous manner, had destroyed from off the face of the earth : as for example, that they are in Inferno, in Tartarus, or in the bottomless pit ; because Corah, Dathan, and Abiron, were swallowed up alive into the earth. Not that the writers of the Scripture would have us believe there could be in the globe of the earth, which is not only finite, but also, compared to the height- of the stars, of no considerable magnitude, a pit without a bottom, that is, a hole of infinite depth, such us the Greeks in their "demonology" (that is to say, in their doctrine concerning "demons"), and after them the Romans, called Tartarus ; of which Virgil (/En. vi. 578, 559) says, Bis patet in praeceps fantum, tenditque sub umbras, Quantus ad astherium coeli suspectus Olympum : for that is a thing the proportion of earth to heaven cannot bear: but that we should believe them there, indefinitely, where those men are on whom God inflicted that exemplary punishment. Again, because those mighty men of the earth, that lived in the time of Noah before the flood, (which the Greeks called " heroes," and the Scrip- ture " giants, " and both say were begotten by copulatioji of the children of God with the children of men,) were for their wicked life destroyed by the general deluge ; the place of the damned is therefore also sometimes marked out by the company of those deceased giants ; as Proverbs xxi. 16, " The man that wandereth out of the way of understanding shall remain in the congregation of the giants :" and Job xxvi. 5, "Behold the giants groan under water, and they that dwell with them." Here the place of the damned is under the water. And Isaiah xiv. 9, " Hell is troubled how to meet thee (that is, the king of Babylon) and will displace the giants for 2o6 OF A CHRISTIAN COMMONWEALTH. thee : " and here again the place of the damned, if the s jiise be literal, is to be under water. Thirdly, because the cities of Sodom and Gomorrah, by the extraordinary wrath of God, were consumed for their wickedness with fire and brimstone, and together with them the country about made a stinking bituminous lake : the place of the damned is ■ ometimes expressed by fire, and a fiery lake, as in the Apocalypse xxi. 8, " But the timorous, incre- dulous, and abominable, and murderers, and whoremongers, and sorcerers, and idolaters, and all liars, shall have tlieir part in the lake that burneth with fire and brimstone, which is the second death." So that it is manifest, that hell fire, which is here expressed by metaphor from the real fire of Sodom, signifieth not any certain kind or place of torment ; but is to be taken indefinitely for destruction, as it is in Rev. xx. 14, where it is said, that "death and hell were cast into the lake of fire ; " that is to say, were abolished and destroyed ; as if after the day of judgment there shall be no more dying, nor no more going into hell ; that is, no more going to Hades, (from which word perhaps our word Hell is derived,) which is the same with no more dying. Fourthly, from the plague of darkness inflicted on the Egyptians, of which it is written (Exod. x. 23), " They saw not one another, neither rose any man from his place for three days ; but all the children of Israel had light in their dwellings ; " the place of the wicked after judgment, is called "utter darkness," or, as it is in the original, "darkness without." And so it is expressed (Matt. xxii. 13) where the king commanded his ser» vants, " to bind hand and foot the man that had not on his wedding gar- ment, and to cast him out," cis t4 o-kotos ri {^lirepov, ' ' into external dark- ness," or " darkness without : " which though translated " utter darkness," does not signify "how great," but "where" that darkness is to be; namely, "without the habitation" of God's elect. Lastly, whereas tliere was a place near Jerusalem, called the Valley of the Children of Hinnon ; in a part whereof, called Tophet, the Jews had committed most grievous idolatry, sacrificing their children to the idol Moloch ; and wherein also God had afflicted his enemies with most grievous punishments ; and wherein Josiah had burned the priests of Moloch upon their own altars, as appeareth at large in the 2nd of Kings, chap, xxiii. ; the place served afterwards to receive the filth and garbage which was carried thither out of the city ; and there used to be fires made from time to time to purify the air, and take away the stench of carrion. From this abominable place, the Jews used ever after to call the place of the damned by the- name of Gehenna, or Valley of Hinnon. And this Gehenna is that word which is usually now translated "hell;" and from the fires from time to time there burning, we have the notion of "everlasting" and " unquenchable fire. " Seeing now there is none that so interprets the Scripture, as that after the day of jiidgment, the wicked are all eternally to be punished in the Valley of Hinnon ; or that they shall so rise again, as to be ever after under ground or under water ; or that after the resurrection they shall no more see one another, nor stir from one place to another : it foUoweth, methinks, very necessarily, that that jyhich is thus said concerning hell fire is spoken metaphorically ; and that therefore there is =■ proper sense to be inquired after (for of all metaphors there is some real ground that may be expressed in proper words), both of the " place of hell," and the nature of " hellish torments," and "tormentors." And first for the tormentors, we have their nature and propeities, exactly and properly delivered by the names of the Enemy, or Satan ; the Accuser, or Diabolus ; the Destroyer, or Abaddon. Which signifi- cant names, Satan, Devil, Abaddon, set not forth to us any individual SIGNIFICATION OF HELL. 207 person, as proper names use to do ; but only an office, or quality j and are therefore appellatives ; which ought not to have been left untrans- lated, as they are in the Laiin and modern Bibles; because thereby they seem to be proper names of "demons;'' and men are the more easily seduced to believe the doctrine of devils ; which at that time was the religion of the Gentiles, and contrary to that of Moses and of Christ. And because by the Enemy, the Accuser, and Destroyer, is meant the enemy of them that shall be in the kingdom of God ; therefore if the kingdom of God after the resurrection be upon the earth, as in the former chapter I have shown by Scripture it seems to be, the Enemy and his kingdom must be on earth also. For so also was it, in the time before the Jews had deposed God. For God's kingdom was in Palestine ; and the nations round about, were the kingdoms of the Enemy ; and conse- quently by Satan is meant any earthly enemy of the Church. The torments of hell, are expressed sometimes, by " weeping and gnash- ing of teeth," as Matt. viii. 12. Sometimes by " the worm of conscience ;" as Isaiah Ixvi. 24, and Mark ix. 44, 46, 48 : sometimes, by fire, as in the place now quoted,"" where the worm dieth not, and the fire is not quenched," and many places beside: sometimes by "shame and contempt," as Dan. xii. 2, " And many of them that sleep in the dust of the earth, shall awake ; some to everlsisting life ; and some to shame, and everlasting contempt." All which places design metaphorically a grief and discontent of mind, from the sight of that eternal felicity in others, which they themselves through their own incredulity and disobedience have lost. And because such felicity in others, is not sensible but by comparison with their own actual miseries j it followeth that they are to suffer such bodily pains and calamities, as are incident to those, who not only live under evil and cruel governors, but have also for enemy the eternal king of the saints, God Almighty. And amongst these bodily pains, is to be reckoned also to every one of the wicked a second death. For though the Scripture be clear for an universal resurrection ; yet we do not read, that to any of the reprobate is promised an eternal life. For whereas St. Paul (l Cor. xv. 42, 43) to the question concerning what bodies men shall rise with again, saith, that " The body is sown in corruption, and is raised in incorruptibn ; it is sown in dishonour, it is raised in glory ; it is sown in weakness, it is raised in power." Glory and power cannot be applied to the bodies of the wicked : nor can the name of ' ' second death " be applied to those that can never die but once : and although in metaphorical speech, a calamitous life everlasting may be called an everlasting death, yet it cannot well be under- stood of a " second death." The fire prepared for the wicked, is an everlasting fire : that is to say, the estate wherein no man can be without torture, both of body and mind, after the resurrection, shall endure for ever ; and in that sense the fire shall be unquenchable, and the torments everlasting: but it cannot thence be inferred, tliat he who shall be cast into that fire, or be tormented with those torments, shall endure and resist them so as to be eternally burnt and tortured, and yet never be destroyed, nor die. And though there be many places that affirm everlasting fire and torments, into which men may be cast successively one after another as long as the world lasts, yet I find none that affirm there shall be an eternal life therein of any individual person ; but to the contrary, an everlasting death, which is the second death. (Rev. xx. 13, 14), "For after death and the grave shall have delivered up the dead which were in them, and every man be judged according to his works ; death and the grave shall also be cast into the lake of fire. This is the second death." Whereby it is evident that there is tQ 2o8 OF A CHRISTIAN COMMONWEALTH. be a second death of every one that shall be condemned at the day of judg- ment, after which he shall die no more. The joys of life eternal are in Seriplure comprehended all under the name " Salvation," or " being saved." To be saved is to be secured, either re- spectively against special evils, or absolutely against all evils, comprehend- ing want, sickness, and death itself. And because man was created in a condition immortal, not subject to corruption, and consequently to nothing that tendeth to the dissolution of his nature ; and fell from (hat happiness by the sin of Adam ; it followeth, that to be "saved" from sin, is to be saved from all the evil and calamities that sin hath brought upon us. And therefore in the Holy Scripture, remission of sin, and salvation from death and misery, is the same thing, as it appears by the words of our Saviour, who having cured a man sick of the paLsy by saying (Matt. ix. 2), " Son be of good cheer, thy sins be forgiven thee ;" and knowing that the Scribes took for blasphemy that a man should pretend to forgive sins, asked them (verse 5) " whether it were easier to say. Thy sins be forgiven thee, or. Arise and walk ; '' signifying thereby, that it was all one, as to the saving of the sick, to say, " Thy sins are forgiven," and " Arise and walk ;" and that He used that form of speech only to show He had the power to forgive sins. And it is besides evident in reason, that since death and misery were the punishments of sin, the discharge of sin must also be a discharge of death and misery ; that is to say, salvation absohite, such as the faithful are to enjoy after the day of judgment, by the power and favour of Jesus Christ, who for that cause is called our " Saviour." Concerning particular salvations, such as are understood ( I Sam. xiv. 39), " as the Lord liveth that saveth Israel," that is, from their temporary enemies, and (2 Sam. xxii. 3), " Thou art my Saviour, thou savest me from violence ;" and (2 Kings xiii. 5), " God gave tlie Israelites a Saviour, and so they were delivered from the hand of the Assyrians," and the like, I need say nothing ; there being neither difficulty nor interest lo corrupt the interpretation of texts of that kind. But concerning the general salvation, because it must be in the kingdom of heaven, there is great difficulty concerning the place. On one side, by " kingdom," which is an estate ordained by men for their perpetual security against enemies and want, it seemeth that this salvation should be on earth. For by salvation is set forth unto us a glorious reign of our king, by con- quest ; not a safety by escape : and therefore there where we look for sal- vation, we must look also for triumph ; and before triumph, for victory ; and before victory, for battle ; which cannot well be supposed shall be in heaven. But how good soever this reason may be, I will not trust to it, without very evident places of Scripture. The state of salvation is described at large (Isaiah xxxiii. 20, 21, 22, 23, 24) : " Look upon Zion, the city of our solemnities ; thine eyes shall see Jerusalem a quiet habitation, a tabernacle that shall not be taken down ; not one of the stakes thereof shall ever be removed, neither shall any of the cords thereof be broken. " But there the glorious Lord will be unto us a place of broad rivers and streams ; wherein shall go no galley with oars, neither shall gallant ship pass thereby. " For the Lord is our Judge, the Lord is our lawgiver, the Lord is our king, he will save us. "Thy tackhngs are loosed ; they could not well strengthen their mast ; they could not spread the sail : then is the prey of a great spoil divided ; the lame take the prey : " And the inhabitant shall not say, I am sick ; the people that shall dwell therein, shall be forgiven their iniquity." SIGNIFICATION OF SALVATION. 209 In which words we have the place from whence salvation is to proceed, "Jerusalem, a quiet habitation;" the eternity of it, ''a tabernacle that shall not be taken down,'' &c. ; the Saviour of it, " the Lord, their Judge, their lawgiver, their king, He will save us;" the salvation, "the Lord shall be to them as a broad moat of swift waters," &c. ; the condition of their enemies, " their tacklings are loose, their masts weak, the lame shall take the spoil of them ; " the condition of the saved, " the inhabitant shall not say, I am sick: " and lastly, all this is comprehended in forgiveness of sin. " the people that dwell therein shall be forgiven their iniquity." By which it is evident, that salvation shall be on earth, then, when God shall reign, at the coming again of Christ, in Jerusalem ; and from Jerusalem shall proceed the salvation of the Gentiles that shall be received into Gods kingdom : as is also more expressly declared by the same prophet (Isaiah Ixvi. 20, 21), " And they (that is the Gentiles who had any Jew in bondage) "shall bring all your brethren, for an offering to the Lord, out of all nations, upon horses, and in chariots, and in litters, and upon mules, and upon swilt beasts, to my holy mountain, Jerusalem, saith the Lord, as the children of Israel bring an offering in a clean vessel into the house of the Lord. And I will also take of them for priests and for Levites, saith the Lord." Whereby it is manifest, that the chief seat of God's kingdom, which is the place from whence the salvation of us that were Gentiles shall proceed, shall be Jerusalem : and the same is also confirmed by our Saviour in His discourse with the woman of Samaria, concerning the place of God's worship ; to whom He saith (John iv. 22), that the Samaritans worshipped they knew not what, but the Jews worshipped what they knew, "for salva- tion is of the Jews " {ex Judais, that is, begins at the Jews) : as if He should say, you worship God, but know not by whom He will save you, as we do, that know it shall be by one of the tribe of Judah ; a Jew, not a Samarilan. And therefore also the woman not impertinently answered Him again, " We know the Messias shall come." So that which our Saviour saith, " Salva- tion is from the Jews," is the same that Paul says (Rom. i. 16, 17), "The gospel is the power of God to salvation to every one that believeth : to the Jew first, and also to the Greek. For therein is the righteousness of God revealed from faith to faith ;" from the faith of the Jew to the faith of the Genlile. In the like sense the prophet Joel describing the day of Judgment (chap. ii. 50, 31), that God would " show wonders in heaven, and in earth, blood and fire, and pillars of smoke ; the sun shall be turned to darkness, and the moon into blood, before the great and terrible day of the Lord come ; " he addeth (verse 32), " and it shall come to pass that whosoever shall call upon the name of the Lord shall be saved. For in Mount Zion and in Jerusalem shall be salvation." And Obadiah (verse 17) saith the same: "Upon Mount Zion shall be deliverance ; and there shall be holiness, and the house of Jacob shall possess their possessions," that is the possessions of the " heathen," which " possessions " he expresseth more particularly in the following verses, by the Mount of Esau, the land of the Philistines, the fields of Ephraim, of Samaria, Gilead, and the cities of the south ; and concludes with these words, " the kingdom shall be the Lord's." All these places are for salvation and the kingdom of God, after the day of judgment upon earth. On the-other side, I have not found any text that can probably be drawn to prove any ascension of the saints into heaven ; that is to say, into any cmlwn empyrmm, or other ethereal region, saving that it is called the kingdom of Heaven : which name it may have, because God, that was King of the Jews, governed them by His commands, sent to Moses by angels from heaven ; and after the revolt, sent His Son from heaven to reduce them to their obedience ; and shall send Him thence again to rule both them and all other faithful men, from the day of judgmeut, everlasting; 210 OF A CHRISTIAN COMMONWEALTH. or from Ihat, that the throne of this our great King is in heaven ; vvhere^ the earth is but His footstool. But that the subjects of God should have any place as high as His throne, or higher tlian His footstool, it seemeth not suitable to the dignity of a king, nor can I find any evident text for it in Holy Scripture. From this that hath been said of the kingdom of God, and of salvation, it is not hard to interpret vifhat \s meant by the " world to come." 'There are three worlds mentioned in Scripture, the " old world," the "present wo'ld," and the "world to come." Of the first, St. Peter speaks (2 Pet. ii. 5), " If God spared not the old world, but saved Noah, the eighth person, a preacher of righteousness, bringing the flood upon the world of the ungodly," &c. So the " first world" was from Adam to the general flood. Of the present world, our Saviour speaks (John xviii. 36), " My kingdom is not of this world." For He came only to teach men the way of salvation, and to renew the kingdom of His Father, by His doctrine. Of the world to come, St. Peter speaks (2 Pet. iii. 13), " Nevertheless we according to His promise look for new heavens, and a new earth." This is that " world " wherein Christ, coming down from heaven in the clouds, with great power and glory, shall send His angels, and shall gather together His elect from the four winds, and from the uttermost parts of the earth, and thenceforth reign over them under His Father, everlastingly. " Salvation " of a sinner supposeth a precedent " redemption ; '' for he that is once guilty of sin is obnoxious to the penalty of the same ; and must pay, or some other for him, such a ransom as he that is offended, and has him in his power, shall require. And seeing the person offended is Almighty God, in whose power are all things ; such ransom Is to be paid before salvation can be acquired, as God hath been pleased to require. By this ransom is not intended a satisfaction for sin equivalent to the offence, which no sinner for himself, nor righteous man, can ever be able to make for another the damage a man does to another, he may make amends for by restitution or recompense ; but sin cannot be taken away by recompense ; for that were to make the liberty to sin a thing vendible. But sins may be pardoned to the repentant, either gratis, or upon such penalty as God is pleased to accept. That which God usually accepted in the Old Testament was some sacrifice or oblation. To forgive sin is not an act of injustice, though the punishment have been threatened. Even amongst men, though the promise of good bind the promiser ; yet threats, that is to say, promises of evil, bind them not, much less shall they bind God, who is infinitely more merciful than men. Our Saviour Christ therefore to "redeem "us, did not in that sense satisfy for the sins of men as that His death, of its own virtue, could make it unjust in God to punish sinners with eternal death ; but did make that sacrifice and oblation of himself at his first coming, which God was pleased to require for the salvation at His second coming, of such as in the meantime should repent and believe in Him. And though this aict of our " redemption " be not always in Scripture called ■■' " sacrifice," and " oblation," but sometimes a " price ; " yet by " price " we are not to understand anything by the value whereof He could claim right to a pardon for us from His offended Father ; but that price which God the Father was pleased in mercy to demand. SIGNIFJCATION OF A CHURCH. 211 CHAPTER XXXIX. Of the Signification in Scripture of the word Church. The word Church (Ecclesia) signifleth in the books of Holy Scripture divers things. Sometimes, though not often, it is taken for " God's liouse," that is to say, for a temple wherein Christians assembled to per- form holy duties publicly, as (l Cor. xiv. 34), "Let your women keep silence in the Churches." But this is metaphorically put for the congrega- tion there assembled, and hath been since used for the edifice itself, to dis- tinguish between the temples of Christians and idolaters. The Temple of Jerusalem was " God's house," and the house of prayer ; and so is any edifice dedicated by Christians to the worship of Christ, " Christ's house ; " and therefore the Greek fathers call it KupioKT), " the Lord's house ; " and thence in our language it came to be called " kyrke " and " church." Church, when not taken for a house, signilieth the same that ecclesia signified in the Grecian commonwealth, that is to say, a congregation or an assembly of citizens called forth to hear the magistrate speak unto them ; and which in the commonwealth of Rome was called concio; as he that spake was called ecclesiastes and concionator. And when they were called forth by lawful authority (Acts xix. 39), it was Ecclesia legitima, a "lawful Church, " fffofios iKKKriala. But when they were excited by tumultuous and seditious clamour, then it was a confused Church, fKK\'ri'ith thee one or two more. And if he shall neglect to hear them, tell it unto the Church ; but if he neglect to hear the Church, let him be unto thee as an heathem man and a publican." By which it is manifest that the judgment concerning the truth of lepentance, belonged not to any one man, but to th; Church, that is, to the assembly of the faithful, or to them that have Authority to be their representant. But besides the judgment, there is necessary also the pronouncing of sentence. And this belonged always to the af)ostle, or some pastor of the Church, as prolocutor; and of this our Saviour speaketh in the i8th verse, "Whatsoever ye shall bind on eaitli, shall be bound in heaven ; and whatsoever ye shall loose on earth, shall bj loosed in heaven." And conformable hereunto was the practice of St. Paul (i Cor. V. 3, 4, 5), where he saith, "For I verily, as absent in body, but present in spirit, have determined already, as though I were present, con- cerning him that hath so done this deed ; in the name of our Lord Jesus Christ, when ye are gathered together, and my spirit, with the power of our Lord Jesus Christ, to deliver such a one to Satan ;" that is to say, to cast him out of the Church, as a man whose sins are not forgiven. Paul here pronounceth the sentence ; but the assembly was first to hear the cause, for St. Paul was absent, and by consequence to condemn him. But in the same chapter (verses II, 12), thf judgment in such a case is more expressly attributed to the assembly: " But now I have written unto you, not to keep company, if any man that '\f: called a brother be a fornicator, &c., with such a one, no not to eat. For what have I to do to judge them that are without? Do not ye judge them that are within?" The sentence there- fore by which a man was put out of the Church, was pronounced by the apostle or pastor ; but the judgment concerning the merit of the cause, was in the Church ; that is to say, as the times were before the conversion of kings, and men that had sovereign authority in the commonwealth, the assembly of the Christians dwelling in the same city : as in Corinth, in the assembly of the Christians of Corinth. This part of the power of the keys, by which men were thrust out from the kingdom of God, is that which is called " excommunication ;" and to "excommunicate," is in the original, iirocvviyinyav roietv, "to cast out of the synagogue ;" that is, out of the place of divine service ; a word drawn from the custom of the Jews, to cast out of their synagogues such as they thought, in manners or doctrine, contagious, as lepers were by the law of Moses separated from the congregation of Israel, till such time as they should be by the priest pronounced clean. The use and effect of excommunication, whilst it was not yet strengthened with the civil power, was no more than that they who were not excom- municate were to avoid the company of them that were. It was not enough to repute them as heathen, that never had been Christians ; for with such they might eat and drink ; which with excommunicate persons they might not do ; as appeareth by the words of St. Paul (i Cor. v. 9, 10, &cO, where he telleth them, he had formerly forbidden them to " company with fornicators ;" but, because that could not be without going out of the world, he restraineth it to such fornicators, and otherwise vicious persons, as were 230 OF A CHRISTIAN COMMONWEALTH. of the brethren ; "with such a one,'' h^ saith, they ought not to keep company, "no not to eat." And this is no more than our Saviour saith (Matt, xviii. i;), "Let him be to thee as a heathen, and as a publican." For publicans, which signifieth farmers and receivers of the revenue of the commonwealth, were so hated and detested by the Jews that were to pay it, as that "publican" and "sinner" were taken amongst them for the same thing : insomuch, as when our Saviour accepted the invitation ol Zacchseus a publican ; though it were to convert him, yet it was objected to Him as a crime. And therefore, when our Saviour to " heathen" added " publican," He did forbid them to eat with a man excommunicate. As for keeping them out of their synafjogues, or places of assembly, they had no power to do it, but that of the owner of the place, whether he were Christian or heathen. And because all places are by right in the dominion of the commonwealth ; as well he that was excommunicated as he that never was baptized, might enter into them by commission from the civil magistrate ; as Paul before his conversion entered into their synagogues at Damascus (Acts ix. 2), to apprehend Christians, men and women, and to carry them bound to Jerusalem, by commission from the high priest. By which it appears that upon a Christian that should become an apostate, in a place where the civil power did persecute, or not assist the Church, the effect of excommunication had nothing in it, neither of damage in this world, nor of terror : not of terror, because of their unbelief ; nor of damage, because they are returned thereby into the favour of the world ; and in the world to come were to be in no worse estate than they which never had believed. The damage redounded rather to the Church, by provocation of them they cast out, to a freer execution of their malice. Excommunication therefore had its effect only upon those that believed that Jesus Christ was to come again in glory, to reign over and to judge both the quick and the dead, and should therefore refuse entrance into His kingdom to those whose sins were retained, that is, to those that were ex- communicated by the Church. And thence it is that St. Paul calleth excommunication a delivery of the excommunicate person to Satan. For without the kingdom of Christ, all other kingdoms, after judgment, are comprehended in the kingdom of Satan. This is it that the faithful stood in fear of as long as they stood excommunicate, that is to say, in an estate wherein their sins were not forgiven. Whereby we may understand that excommunication, in the time that Christian religion was not authorized by the civil power, was used only for a correction of manners, not of errors in opinion ; for it is a punishment whereof none could be sensible but such as believed, and expected the coming again of our Saviour to judge the world ; and they who so believed needed no other opinion, but only uprightness of life to be saved. There lieth excommunication for injustice: as (Matt, xviii.), " If thy brother ofiend thee, tell it him privately ;" then with witnesses ; lastly, teU the Church ; and then if he obey not, " I,et him be to thee as an heathen rnan and a publican." And there lieth excommunication for a scandalous life, as ( I Cor. v. 11), "If any man that is called a brother, be a fornicator, or covetous, or an idolater, or a drunkard, or an extortioner, with such a one ye are not to eat." But to excommunicate a man that held this foundation, that "Jesus was the Christ," for difference of opinion in other points, by which that foundation was not destroyed, there appeareth no authority in the Scripture, nor example in-the apostles. There is indeed in St. Paul (Titus fii. 10), a text that seemeih to be to the contrary : " A man that is an heretic, after the first and second admonition, reject. For an " heretic " is he that being a member of the Church, teacheth heverthe. OF POWER ECCLESIASTICAL. 231 ress some private opinion, which the Church has forbidden ; and such a one, St. Paul adviseth Titus, after the first and second admonition, to "reject." But to "reject," in this place, is not to "excommunicate" the man ; but to " give over admonishing him, to let him alone, to set by dis- puting -with him, " as one that is to be convinced only by himself. The same apostle saith (2 Tim. ii. 23), "Foolish and unlearned questions avoid ;" the word " avoid" in this place, and "reject" in the foimer, is the same in the original, irapairoC; but foolish questions may be set by without excommunication. And again (Titus iii. 9), "Avoid foolish questions," where the original Tcpua-Taao ("set them by ") is equivalent to the former word "reject." There is no other place that can so much as colourably be drawn to countenance the casting out of the Church faithful men, such as believed the foundation, only for a singiilar superstructure of their own, proceeding perhaps from a good and pious conscience. But on the contrary, all such places as command avoiding such disputes are written for a lesson to pastors, such as Timothy and Titus were, not to make new articles of faith, by determining ?very small controversy which oblige men to a needless burthen of conscience, or provoke them to break the union of tin Church. Which lesson the apostles themselves observed well. St. Pc'tr and St. Paul, though their controversy were great, as we may read in Gal. ij. 1 1, yet they did not cast one another out of the Church. Never- theless, during the apostles' times, there were other pastors that observed it not ; as Diotrephes (3 John, 9, &c.), who cast out of the Church such as St. John himself thought fit to be received into it, out of a pride he took in pre-eminence. So early it was that vainglory and ambition had found entrance into the Church of Christ. That a man be liable to excommunication, there be many conditions requisite ; as first, that he be a member of some commonalty, that is to say, of some lawful assembly, that is to say, of some Christian Church, that hath power to judge of the cause for which he is to be excommunicated. For where there is no community, there can be no excommunication ; nor where there is no power to judge, can there be any power to give sentence. From hence it foUoweth that one Church cannot be excommunicated by another : for either they have equal power to excommunicate each other, in which case excommunication is not discipline, nor an act of authority, but schism, and dissolution of charity ; or one is so subordinate to the other, as that they both have but one voice ; and then they be but one Church ; and the part excommunicated is no more a Church, but a dissolute number of individual persons. And because the sentence of excommunication importeth an advice not to keep company, nor so much as to eat with him that is excommunicate, if a sovereign prince or assembly be excommunicate, the sentence is of no effect. Foj: all subjects are bound to be in the company and presence of their own sovereign, when he requireth it by the law of Nature ; nor can they lawfully either expel him from any place of his own dominion, whether profane or holy ; nor go out of his dominion without his leave ; much less, if he caE them to that honour, refuse to eat with him. And as to other princes and states, because they are not parts of one and the same congre- gation, they need not any other sentence to keep them from keeping com- pany with the state excommunicate : for the very institution, as it uniteth many men into one 'community, so it dissociateth one community from another : so that excommunication is not needful for keeping kings and stales asunder ; nor has any further effect than is in the nature of policy itself, unless it be to instigate princes to war upon one another. Nor is the excommunication of a Christian subject that obeyeth the laws of his own sovereign, whether Christian or heathen, of any effect. For if we 232 OF A CHRISTIAN COMMONWEALTH. believe that " Jesus is the Clirist, he hath the Spirit of God" (l John v. i) ; "and God dwelleth in hini, and he in God" (l John iv. 15). But he that hath the spirit of God ; 'lie that dwelleth in God ; he in whom God dwelleth, can receive no harm by the excommunication of men. Therefore, he that believeth Jesus to be the Christ, is free ftom all the dangers threatened to persons excommunicate. He that believeth it not, is no Christian. There- fore a true and unfeigned Christian is not liable to excommunication : nor he also that is a professed Christian, till his hypocrisy appear in his manners, that is, till his behaviour be contrary to the law of his sovereign, which is the rule of manners, and which Christ and His apostles have commanded us to be subject to. For the Church cannot judge of manners but by external actions, which actions can never be unlawful but when they are against the law of the commonweath. If a man's father, or mother, or master be excommunicate, yet are not the children forbidden to keep them company, nor to eat with them : for that were, for the most part, to oblige them not to eat at all, for want of means to get food ; and to authorize them to disobey their parents and masters, conti'ary to the precepts of the apostles. In sum, the power of excommunication cannot be extended further than to the end for which the apostles and pastors of the Church have their commis- sion from our Savionr ; which is not only to rule by command and co-action, but by teaching and direction'of men in the way of salvation in the world to come. And as a master in any science may abandon his scholar, when he obstinately neglecteth the practice of his rales ; but not accuse him of in- justice, because he was never bound to obey him : so a teacher of Christian doctrine may abandon his disciples that obstinately continue in an un- christian life ; but he cannot say they do him wrong, because they are not obliged to obey him. For to a teacher that shall so complain may be applied the answer of God to Samuel in the like place ( I Sam. viii, 7), " They have not rejected thee, but me." Excommunication therefore, when it wanteth the assistance of the civil power, as it doth, when a Christian state or prince is excommunicate ly a foreign authority, is without effect ; and consequently ought to be withoi ; terror. The name of Fulmen excommunicationis, that is, "the thunderbolt of excommunication," proceeded from an imagination of the Bishop of Rome, which first used it, that he was king of kings ; as the heathen made Jspiter king of the gods, and assigned him, in (heir poems and pictures, a thunderbolt, wherewith to subdue and punish the giants that should dare to deny his power. Which imagination was grounded on two errors ; one, that the kingdom of Christ is of this world, contrary to our Saviour's own words (John xviii. 36), " My kingdom is not of this world ; " the other, that he is Christ's vicar, not only over his own subjects, but over all the Christians of the world; whereof there is no ground in Scripture, and the contrary shall be proved in its due place. St. Paul coming to Thessalonica, where was a synagogue of the Jews (Acts xvii. 2, 3), "as his manner was, went in unto them, and three Sab- bath days reasoned with them out of the Scriptures, opening and alleging that Christ must needs have suffered and risen again from the dead j and that this Jesus whom he preached was the Christ." The Scriptures here mentioned were the Scriptures of the Jews, that is, the Old Testament. The men, to whom he was to prove that Jesus was the Christ and risen again from the dead, were also Jews, and did believe already that they were the word of God. Hereupon (as it is in verse 4) some of them believed, and (as it is in verse 5) some believed not. What was the reason, when they all believed the Scripture, that they did not all believe alike ; but that some approved, others disapproved the interpretation of St. Paul that cited them; and every one interpreted them to himself? It was this : St. Paul OF POWER ECCLESIASTICAL. 233 came to them without any legal commission, and in the manner of one that would not command, but persuade; which he must needs do either by miracles, as Moses did to the Israelites in Egypt, that they might see his authority in God's works ; or by reasoning from the already received Scrip- ture, that they might see the truth of his doctrine in God's word. But whosoever persuadeth by reasoning from principles written, maketh him to whom he speaketh judge both of the meaning of those principles, and also of the force of his inferences upon them. If these Jews of Thessalonica were not, who else was the judge of what St. Paul alleged out of Scrip- ture ? If St. Paul, what needed he to quote any places to prove his doc- trine ? It had been enough to have said, I find it so in Scripture, that is to say, in your laws, of which I am interpreter, as sent by Chript. The inter- - preter therefore of the Scripture, to whose interpretation the Jews of Thes- salonica were bound to stand, could be none : every one might believe or not believe, according as the allegation seemed to himself to be agreeable or not agreeable to the meaning of the places alleged. And generally in all cases of the world, he that pretendeth any proof maketh judge of his proof him to whom he addresseth his speech. And as to the case of the Jews in particular, they were bound by express words (Deut. xvii. ) to receive the determination of all hard questions from the priests and judges of Israel for the time being. But this is to be understood of the Jews that were yet unconverted. For the conversion of the Gentiles there was no use of alleging the Scriptures, which they believed not. The apostles therefore laboured by reason to confute their idolatry ; and that done, to persuade them to the faith of Christ by their testimony of His life and resurrection. So that there could not yet be any controversy concerning the authority to interpret Scripture, seeing no man was obliged, during his infidelily, to follow any man s interpretation of any Scripture, except his sovereign's interpretation of the laws of his country. Let us now consider the conversion itself, and see what there was therein that could be cause of such an obligation. Men were converted to no other thing than to the belief of that which the apostles preached : and the apostles preached nothing but that Jesus was the Christ, that is to say, the king that was to save them, and reign over them eternally in the world to come ; and consequently that He was not dead, but risen again from the dead, and gone up into heaven, and should come again one day to judge the world (which also should rise again to be judged), and reward every roan according to his works. None of them preached that himself, or any other apostle, was such an interpreter of the Scripture, as all that became Christians ought to take their interpretation for law. For to interpret the laws is part of the administration of a present kingdom ; which the apostles had not. They prayed then, and all other pastors ever since, " let thy kingdom come ;" and exhorted their converts to obey their then ethnic princes. The New Testament was not yet published in one body. Every of the evangelists was interpreter of his own gospel ; and every apostle of his own epistle ; and of the Old Testament our Saviour himself saith to the Jews (John v. 39), " Search the Scriptures ; for in them ye think to have eternal life, and they are they that testify of me." If He had not meant they should interpret them, He would not have bidden them take thence the proof of His being the Christ : He would either have interpreted them himself, or referred them to the interpretation of the priests. When a difficulty arose, the apostles and elders of the Church assembled themselves together, and determined what should be preached and taught, and how they should interpret the Scriptures to the people ; but took not frwn the people the liberty to read and interpret them to themselves. The 234 OF A CHRISTIAN COMMONWEALTH. apostles sent divers letters to the Churches, and other writings for their instruction ; which had been in vain [if they had not allowed them to interpret, that is, to consider the meaning of them. And as it was in the apostles' time, it must be till such time as there should be pastors that could authorize an interpreter, whose interpretation should generally be stood to : but that could noi be till kings were pastors, or pastors kings. There be two senses, wherein a writing may be said to be " canonical ;" for " canon " signifieth a, " rule ;" and a rule is a precept, by which a man is guided and directed in any action whatsoever. Such precepts, though given by a teacher to his disciple, or a counsellor to his friend, without power to compel him to observe them, are nevertheless canons ; because they are rules. But when they are given by one, whom he that receiveth them is bound lo obey, then are those canons, not only rules, but laws. The question therefore here, is of the power to make the Scriptures, which are the rules of Christian faith, laws. That part of the Scripture which was first law, was the Ten Command- ments written in two tables of stone, and delivered by God himself to Moses ; and by Moses made known to the people. Before that time there was no written law of God, who as yet having not chosen any people to be His peculiar kingdom, had given no law to men, but the law of Nature, that is to say, the precepts of natural reason written in every man's ovra heart. Of these two tables, the first containeth the law of sovereignty ; I. That they should not obey nor honour the gods of other nations, in these words : Non habebis deos alienos coram me, that is, " thou shalt not have for gods, the gods that other nations worship, but only me ; " whereby they were forbidden to obey or honour as their king and governor, any other god than Him that spake unto them then by Moses, and after- wards by the high priest. 2. That they " should not make any image to represent Him," that is to say, they were not to choose to tliemselves, neither in heaven, nor in earth, any representative of their own fancying, but obey Moses and Aaron, whom He had appointed to that office. 3. That " they should not take the name of God in vain ; " that is, they should not speak rashly of their king, nor dispute his right, nor the com- missions of Moses and Aaron, His lieutenants. 4. That " they should every seventh day abstain from their ordinary labour," and employ that time in doing Him public honour. The second table containeth the duty of one man towards another, as " to honour parents," " not to kill," "not to commit adultery," "not to steal," "not to corrupt judgment by false witness," and finally, "not so much as to design in their heart the doing of any injury one to another." The question now is, who it was that gave to these written tables the obligatory force of laws. There is no doubt but they were made laws by God himself; but because a law obliges not, nor is law to any, but to them that acknowledge it to be the act of the sove- reign ; how could the people of Israel, that were forbidden to approach the mountain to hear what God said to Moses, be obliged to obedience to all those laws which Moses propounded to them ? Some of them were indeed the laws of Nature, as all the second table ; and therefore to be acknowledged for God's laws ; not to the Israelites alone, but to all people ; but of those that were peculiar to the Israelites, as those of the first table, the question remains ; saving that they had obliged themselves, presently after the propoimding of them to obey Moses, in these words (Exod. xx. 19), " Speak thou to us, and we will hear thee; but let not God speak to US, lest we die." It was therefore only Moses then, and after him the high priest, whom, by Moses, God declared should administer this His peculiar kingdom, that had on earth the power to make this short Scrip- ture of the Decalogue to be law in the commonwealth of Israel. But ^OF POWER ECCLESIASTICAL. 235 Moses and Aaron, and the succeeding high priests, were the civil sovereigns . Therefore hitherto, the canonizing or making the Scripture law, belonged to the civil sovereign. The judicial law, that is to say, the laws that God prescribed to the magistrates of Israel for the rule of their administration of justice, and of the sentences or judgments they should pronounce in pleas between man and man ; and the Levitical law, that Is to say, the rule that God pre- scribed touching the rites and ceremonies of the priests and Levites, were all delivered to them by Moses only.; and therefore also became laws, by virtue of the same promise of obedience to Moses. Whether these laws were then written, or not written, but dictated to the people by Moses, after his being forty days with God in the Mount, by word of mouth, is not expressed in the text ; but they were all positive laws, and equivalent to Holy Scripture, and made canonical by Moses the civil sovereign. After the Israelites were come into the plains of Moab over against Jericho, and ready to enter into the Land of Promise, Moses to the former laws added divers others ; which therefore are called Deuteronomy ; that is, " second laws." And are (as it is written Deut. xxix. I), "the words of a covenant which the Lord commanded Moses to malce with the children of Israel, besides the covenant which He made with them in Horeb. For having explained those former laws, in the beginning ot the Book of Deuteronomy, he addeth others, that begin at the xiith chapter, and con- tinue to the end of the xxvith of the same book. This law (Deut. xxvii. 3) they were commanded to write upon great stones plastered over, at their passing over Jordan : this law also was written by Moses himself in a book, and delivered into the hands of the " priests and to the elders of Israel " (Deut. xxxi. 9), and commanded (verse 26), " to be put in the side of the ark ; " for in the ark itself was nothing but the " Ten Commandments." This was the l.iw which Moses (Deut. xvii. 18) commanded the kings of Israel should keep a copy of : and this is the law, which having been long time lost, was found again in the temple in the time of Josiah, and by his authority received for the law of God. But both Moses at the writing, and Josiah at the recovery thereof, had both of them the civil sovereignty. Hitherto therefore the power of making Scripture canonical, was in the civil sovereign. Besides this Book of the Law, there was no other book, from the time of Moses till after the Captivity, received amongst the Jews for the law of God. For the prophets, except a few, lived in the time of the Captivity itself; and the rest lived but a little before it ; and were so far from having their prophecies generally received for laws, as that their persons were persecuted, partly by false prophets, and partly by the kings which were seduced by them. And this book itself, which was confirmed by Josiah for the law of God, and with it all the history of the works of God, was lost in ihe Captivity and sack of the city of Jerusalem, as appears by that of 2 Esdras xiv. 21, " thy law is burnt ; therefore no man knoweth the things that are done of thee, or the works that shall begin. " And before the Captivity, between the time when the law was lost (which is not mentioned in the Scripture, but may probably be thought to be the time of Rehoboam, when (i Kings xiv. 26) Shishak, king of Egypt, took the spoil of the temple), and the time of Josiah when it was found again, they had no Ivritten word of God, but ruled according to their own discretion, or by the direction of such as each of them esteemed prophets. From hence we may infer that the Scriptures of the Old Testament, which we have at this day, were not canonical nor a law unto the Jews, till the renovation of their covenant with God at their return from the Captivity, and restoration of their commonwealth under Esdras. But from that time 236 OF A CHRISTIAN COMMONWEALTH. forward they were accounted the law of the Jews, and for such translated into Greek by seventy elders of Judea, and put into the library of Ptolemy at Alexandria, and approved for the word of God. Now seeing Esdras was the high priest, and the high priest was their civil sovereign, it is mani- fest that the Scriptures were never made laws, but by the sovereign civil power. By the writings of the fathers that lived in the time before that the Christian religion was received, and authorized by Constantine the emperor, we may find that the books we now have of the New Testament were held by the Christians of that time, except a few (in respect of whose paucity the rest were called the Catholic Church, and others heretics), for the dic- tates of the Holy Ghost, and consequently for the canon or rule of faith: such was the reverence and opinion they had of their teachers ; as generally the reverence that the disciples bear to their first masters in all manner of doctrine they receive from them is not small. Therefore there is no doubt but when St. Paul wrote to the Churches he had converted, or any other apostle or disciple of Christ, to those which had then embraced Christ ; they received those their writings for the true Christian doctrine. But in that time, when not the power and authority of the teacher, but the faith of the hearer, caused them to receive it, it was not the apostles that made their own viTitings canonical, but every convert made them so to himself. But the question here is not what any Christian made a law or canon to himself, which he might again reject by the same right he received it ; but what was so made a canon to them, as without injustice they could not do anything contrary thereunto. That the New Testament should in this sense be canonical, that is to say a law, in any place where the law of the com- monwealth had not made it so, is contrary to the nature of a law. For a law, as has been already shown, is the commandment of that man or assembly, to whom we have given sovereign authority to make such rules for the direction of our actions as he shall think fit, and to punish us when we do anything contrary to the same. When therefore any other man shall offer unto us any other rules; which the sovereign ruler hath not prescribed, they are but counsel and advice ; which, whether good or bad, he that is counselled may without injustice refuse to observe ; and when contrary to the laws already established, without injustice caimot observe how good soever he conceiveth it to be. I say he cannot in this case observe the sapie in his actions, nor in his discourse with other men ; though he may without blame believe Iiii private teachers, and wish he had the liberty to practise their advice, and that it were publicly received for law. For internal faith is in its own nature invisible, and consequently exempted from all human jurisdiction ; whereas the words and actions that proceed from it, as breaches of our civil obedience, are injustice both before God and man. Seeing then our Saviour hath denied His kingdom to be in this world, seeing He had said He came not to judge, but to save the world, He hath not subjected us to other laws than those of the commonwealth ; that is, the J=v/s to the law of Moses, which he saith (Matt. v. 17), He came not to destroy, but to fulfil ; and other nations to the laws of their several sovereigns, and all men to the laws of Nature ; the observing whereof both He himself and His apostles have in their teaching recommended to us as a necessary condition of being admitted by Him in the last day into His eternal kingdom, wherein shall be protection and life everlasting. Seeing then our Saviour and His apostles left not new laws to oblige us in this world, but new doctrine to prepare us for the next ; the books of the New Testament, which contain that doctrine, until obedience to them was com- manded by them that God had given power to on earth to be l^slators. OF POWER ECCLESIASTICAL. 237 were not obligatory canons, that is laws, but only good and safe advice for the direction of sinners in the way to salvation, which every man might take and refuse at his own peril without injustice. Again, our Saviour Christ's commission to His apostles and disciples was to proclaim His kingdom, not present, but to come ; and to teach all nations, and to baptize them that should believe ; and to enter into the houses of them that should receive them, and where they were not received, to shake off the dust of their feet :igainst them ; but not to call for fire from heaven to destroy them, nor to compel them to obedience by the sword. In all which there is nothing of power, but of persuasion. He sent them out as sheep unto wolves, not as kings to their subjects. Tliey had not in com- mission to make laws ; but to obey, and teach obedience to laws made ; and consequently they could not make their writings obligatory canons without the help of the sovereign civil power, And therefore the Scripture of the New Testament is there only law where the lawful civil power hath made it so. And there also the king, or sovereign, maketh it a law to himself ; by which he subjecteth himself, not to the doctor or apostle that converted him, but to God himself and His Son Jesus Christ, as immediately as did the apostles themselves. That which may seem to give the New Testament, in respect of those that have embraced Christian doctrine, the force of laws, in the times and places of persecution, is the decrees they made amongst themselves in their synod. For we read (Acts xv. 28) the style of the council of the apostles, the elders, and the whole Church, in this manner : " It seemed good to the Holy Ghost, and to us, to lay upon you no greater burthen thaii these necessary tlungs," &c. ; which is a style that signifieth a power to lay a burthen on them that had received their doctrine. Jf ow " to lay a burthen on another," seemeth the same as "to oblige ; " and therefore the acts of that council were laws to the then Christians. Nevertheless, they were no more laws than are these other precepts, "repent;" " be baptized ; " "keep the commandments ; " " believe the gospel ; " " come unto me ; " " sell all that thou hast ; " " give it to the poor ; " and " follow me ; " which are not commands, but invitations and callings of men to Christianity, like that of Isaiah Iv. I, " Ho every man that thirsteth, come ye to the waters, come, and buy wine and milk without money." For first, the apostles' power was no other than that of our Saviour, to invite men to embrace the kingdom of God ; which they themselves acknowledged for a kingdom, not present, but to come ; and they that have no kingdom can make no laws. And secondly, if their acts of council were laws, they could not without sin be disobeyed. But we read not anywhere that they who received not the doc- trine of Christ did therein sin ; but that they died in their sins ; that is, that their sins against the laws to which they owed obedience were not pardoned. And those laws were the laws of Nature, and the civil laws of the state, whereto every Christian man had by pact submitted himself. And therefore by the burthen which the apostles might lay on such as they had converted are not to be understood laws, but conditions proposed to those that sought salvation ; which they might accept or refuse at their own peril, without a new sin, though not without the hazard of being condemned and excluded out of the kingdom of God for their sins past. And therefore of infidels, St. John saith not, the wrath of God shall ' ' come " upon them, but John iii. 36) "the wrath of God remaineth upon them ;" and not that they shaU be condemned, but that (John iii. 18) "they are condemned already." Nor can it be conceived that the benefit of faith "is remission of sins, unless we conceive virithal that the damage of infidelity " is the retention of the same sins." , , , .., i ^i. But to wh^t end is it, may some man ask, that the apostles, and other 238 OF A CHRISTIAN COMMONWEALTH. pastors of the Church after their time, should meet together to agree upon what doctrine should be taught, both for faith and manners, if no man were obliged to observe their decrees? To this may be answered, that the apostles and elders of that council were obliged even by their entrance into it, to teach the doctrine therein concluded and decreed to be taught, so far forth, as no precedent law, to which they were obliged to yield obedience, was to the contrary ; but not that all other Christians should be obliged to observe what they taught. For though they might deliberate what each of them should teach ; yet they could not deliberate what others should do, unless their assembly had had a legislative power ; which none could have but civil sovereigns. For though God be the sovsreign of all the world, we are not bound to take for His law whatsoever is propounded by every man in His name ; nor anything contrary to the civil law, which God hath ex- pressly commanded us to obey. Seeing then the acts of council of the apostles were then no laws, but counsels ; much less are laws the acts of any other doctors or council since, if assembled without the authority of the civil sovereign. And consequently, the Books of the New Testament, though most perfect rules of Christian doctrine, could not be made laws by any other authority than that of kings or sovereign assemblies. The first council, that made the Scriptures we now have canon, is not extant : for that collection of the canons of the apostles, attributed to Clemens, the first bishop of Rome after St. Peter, is subject to question. For though the canonical books be there reckoned up ; yet these words, sint vobis omnibus dericis et laicis libri venirandi, &c., contain a distinction of clergy and laity, that was not in use so near St. Peter's time. The first council for settling the canonical Scripture that is extant, is that of Laodicea (Can. lix.), which forbids the reading of other books than those in the Churches ; which is a mandate that is not addressed to every Christian, but to those only that had authority to read anything publicly in the Church, that is, to ecclesiastics only. Of ecclesiastical officers in the lime of the apostles, some were magisterial, some ministerial. Magisterial were the offices of the preaching of the gospel of the kingdom of God to infidels ; of administering the sacraments, and divine service ; and of teaching the rules of faith and manners to those that were converted. Ministerial was the office of deacons, that is, of them that were appointed to the administration of the secular necessities of the Church, at such time as they lived upon a common stock of money raised out of the voluntary contributions of the faithful. Amongst the officers magisterial, the first and principal were the apostles ; whereof there were at first but twelve ; and these were chosen and con- stituted by our Saviour himself ; and their office was not only to preach, teach, and baptize, but also to be martyrs, witnesses of our Saviour's resurrection. U'his testimony was the specificaland essential mark, whereby the apostleship was distinguished from other magistracy ecclesiastical, as being necessary for an apostle, either to have seen our Saviour after His re- surrection, or to have conversed with Him before, and seen His works and other arguments of His divinity, whereby they might be taken for sufficient witnesses. And therefore at the election of a new apostle in the place of Judas Iscariot, St. Peter saith (Acts i. 21, 22), " Of these men that have companied with us, all the time that the Lord Jesus went in and out amongst us, beginning from the baptism of John unto that same day that He was taken up from us, must one be ordained to be a witness with us of His resurrection : " where by this word " must," is implied a necessaiy property of an apostle, to have companied with the first and prime apostles, in the time that our Saviour manifested himself in the flesh. OF POWER ECCLESIASTICAL. 239 The first apostle of those which were not constituted by Christ in the time He was upon the earth, was Matthias, chosen in this manner. There were assembled together in Jerusalem about one hundred and twenty Christians (Acts 1. 15). These (verse 23) appointed two, Joseph the Just and Mat- thias, and caused lots to be drawn ; "and (verse 26) the lot fell on Matthias and he was numbered with the apostles." So that here we see the ordina- tion of this apostle was the act of the congregation, and not of St. Peter nor of the eleven, otherwise than as members of the assembly. After him there was never any other apostle ordained, but Paul and Barnabas ; which was done as we read (Acts xiii. i, 2, 3) in this manner. " There were in the Church that was at Antioch, certain prophets and teachers ; as Barnabas, and Simeon that was called Niger, and Lucius of Cyrene, and Manaen ; which hac! been brought up with Herod the Tetrarch, an4 Saul. As they ministered unto the Lord, and fasted, the Holy Ghost said, Separate me Barnabas and Saul for the work whereunto I have called them. And when they had fasted and prayed, and laid their hands on them, they sent them away." By which it is manifest that though they were called by the Holy Ghos', their calling was declared unto them and their mission authorized by the particular Church of Antioch. And that this their calling was to the apostleship, is apparent by that, that they are both called (Acts xiv. 14) apostles : and that it was by virtue of this act of the Church of Antioch that they were apostles, St. Paul declareth plainly (Rom. i. i), in that he useth the word, which the Holy Ghost used at his calling : for he styletli himself " An apostle separated unto the gospel of God ; " alluding to the words of the Holy Ghost, "Separate me, Barnabas and Saul," &c. But seeing the work of an apostle was to be u witness of the resurrection of Christ, a man may here ask, how St. Paul, that conversed not with ou/ Saviour before His passion, could know He was risen ? To which is easily answered, that our Saviour himself appeared to him in the way to Damascus, from heaven, after His ascension ; " and chose him for a vessel to bear His name before the Gentiles, and kings, and children of Israel : " and conse- quently, having seen the Lord after His passion, he was a competent witness of His resurrection. And as for Barnabas, he was a disciple before the passion. It is therefore evident that Paul and Barnabas were apostles ; and yet chosen and authorized, not by the first apostles alone, but by the Church of Antioch ; as Matthias was chosen and authorized by the Church of Jenisalem. "Bishop," a word formed in our language out of the Greek ETrfo-Koiros, signifieth an overseer or superintendent of any business, and particularly a pastor or shepherd ; and thence by metaphor was taken, not only amongst the Jews that were originally shepherds, but also amongst the heathen, to signify the office of a king, or any other rule or guide of people, whether he ruled by laws or doctrine. And so the apostles were the first Christian bishops, instituted by Christ himself: in which sense the apostleship of Judas is called (Acts i. 20) " his bishopric." And afterwards, when there were constituted elders in the Christian Churches, with charge to guide Christ's flock by their doctrine and advice ; these elders were also called bishops. Timothy was an elder (which word ' ' elder," in the New Testa- ment, is a name of office, as well as of age) ; yet he was also a bishop. And bishops were then content with the title of elders. Nay, St. John himself, the apostle beloved of our Lord, beginneth his second Epistle with these words, "Theelderto the elect lady." By which it is evident that "bishop," "pastor," "elder," "doctor," thatisto say, "teacher," were butsomanydivers names of the same office in the time of the apostles ; for there was then no government by coercion, but only by doctrine and persuading. The kingdom 240 OF A CHRISTIAN COMMONWEALTH. of God was yet to come, in a new world : so that there could be no authority to compel in any Church, till the commonwealth had embraced the Chris- tian faith : and consequently no diversity of authority, though there were diversity of employments. Besides these magisterial employments in the Church, namely, apostles, bishops, elders, pastors, and doctors, whose calling was to proclaim Christ to the Jews and infidels, and to direct and to teach those that beliSved, we read in the New Testament of no other. For by the names of "evangelists" and ' ' prophets" is not signified any office, but several gifts, by which several men were profitable to the Church : as evangelists, by writing the life and acts of our Saviour ; such as were St. Matthew and St. John apostles, and St. Mark and St. Luke disciples, and whosoever else wrote of that subject (as St. Thomas and St. Barbabas are said to have done, though the Church have not received the books that have gone under their names) : and as prophets, by the gift of interpreting the Old Testament, and sometimes by declaring their special revelations to the Church. For neither these gifts, nor the gifts of languages, nor the gift of casting out devils, nor of curing other diseases, nor anything else, did make an officer in the Church, save only the due calling and election to the charge of teaching. As the apostles, Matthias, Paul, and Barnabas, were not made by our Saviour himself, but were elected by the Church, that is, by the assembly of Christians ; namely, Matthias by the Church of Jerusalem, and Paul and Barnabas by the Church of Antioch ; so were also the " presbyters" and ' ' pastors" in other cities, elected by the Churches of those cities. For proof whereof let us consider, first, how St. Paul proceeded in the ordina- tioii of presbyters, in the cities where he had converted men to the Christian faith, immediately after he and Barnabas had received their apostleship. We read (Acts xiv. 23) that " they ordained elders in every Church ; " which at first sight may be taken for an argument, that they themselves chose, and gave them their authority ; but if we consider the original text, it will be manifest that they were authorized and chosen by the assembly of the Christians of each city. For the words there are, xiii)aTovi\aaVTiS Avtois Tfiecrpvripovs Kar' iKK\ij(rlav, that is, "when they had ordained them elders by the holding up of hands in every congregation." Now it is well enough known, that in all those cities the manner of choosing magistrates and officers was by plurality of suffrages ; and, because the ordinary way of dis- tinguishing the affirmative votes from the negatives was by holding up of hands, to ordain an officer in any of the cities, was no more but to bring the people together, to elect them by plurality of votes, whether it were by plurality of elevated hands, or by'plurality of voices, or plurality of balls, or beans, or small stones, of which every man cast in one, into a vessel marked for the affirmative or negative ; for divers cities had divers customs in that point. It was therefore the assembly that elected their own elders : the apostles were only presidents of the assembly, to call them together for such election, and to pronounce them elected, and to give them the bene- diction which now is called consecration. And for this cause, they that were presidents of the assemblies, as in the absence of the apostles the elders were, were called irpmaTum, and in Latin antisiites; which words signify the principal person of the assembly, whose office was to number the votes, and to declare thereby who was chosen ; and where the votes were equal, to decide the matter in question by adding his own ; which is the office of a president in council. And, because all the Churches had their presbyters ordained in the same manner, where the word is " consti- tute" (as Titus i. 5), ha KaTaaTijirris Kara irb'Ktv Trpes/SuWpow, " For this cause left I thee in Crete, that thoushouldst constitute elders in every city," ■we are to understand the same thing, namely, that he should call the faithfiil OF POWER ECCLESIASTICAL. 241 together, aid ordain them presbyters by plurality of suffrages. It had been a strange thing, if in a town, where men perhaps had never seen any magistrate otherwise chosen than by an assembly, those of the town becom- ing Christians should so much as have thought on any other way of election of their teachers and guides, that is to say, of their presbyters (otherwise called bishops), than this of plurality of suffrages, intimated by St. Paul (Acts xiv. 23) in the word xafttTovi)i!avm. Nor was there ever any choosing of bishops before the emperors found it necessary to regulate them, in ordej to the keeping of the peace amongst them, but by the assemblies of the Christians in every several town. The same is also confirmed by the continual practice, even to this day, in the election bf the bishops of Rome. For if the bishop of any place had the I'ight of choosing another to the succession of the pastoral office, in any city, at such times as he went from thence to plant the same in another place ; much more had he had the right to appoint his successors in that place in which he last resided and died ; and we find not that ever any bishop of Rome appointed his successor. For they were a long time chosen by the people, as we may see by the sedition raised about the election between Damasus and Ursicinus, which Ammianus Marcellinus saith was so great, that Juventius the prsefect, unable to keep the peace between them, was forced to go out of the city ; and that there were above an hundred men found dead upon that occasion in the church itself. And though they afterwards were chosen, first, by the whole clergy of Rome, and afterwards by the cardinals, yet never any was appointed to the suc- cession by his predecessor. If therefore they pretended no right to appoint their own successors, I think I may reasonably conclude they had no right to appoint the successors of other bishops without receiving some new power, which none could take from the Church to bestow on them, but such as had a lawful authority, not only to teach, but to command the Church, which none could do but the civil sovereign. The word "minister," in the original AMJconor, signifieth one that voluntarily doth the business of another man, and differeth from a servant only in this, that servants are obliged by their condition to do what is com- manded them ; whereas ministers are obliged only by their undertaking, and bound therefore to no more than that they have undertaken ; so that both they that teach the word of God, and they that administer the secular affairs of the Church, are both ministers, but they are ministers of different persons. For the pastors of the Church called (Acts vi. 4) " the ministers of the word," are ministers of Christ, whose word it is ; but the ministry of a deacon, which is called (verse 2 of the same chapter) " serving of tables," is a service done to the Church or congregation : so that neither any one man, nor the whole Church, could ever of their pastor say, he was their minister : but of a deacon, whether the charge he undertook were to serve tables, or distribute maintenance to the Christians, when they lived in each city on a common stock or upon collections, as in the first times, or to take a care of the house of prayer, or of the revenue, or other worldly business of the Church, the whole congregation might properly call him their minister. For their employment as deacons was to serve the congregation ; though ■ upon occasion they omitted not to preach the gospel, and maintain the doctrine of Christ, every one according to his gifts, as St. Stephen did ; and both to preach and baptize, as Philip did. For that Philip, which (Acts viii. 5) preached the gospel at Samaria, and (verse 38) baptized the eunuch, was Philip the deacon, not Philip the apostle. For it is manifest (verse l) that when Philip preached in Samaria, the apostles were at Jerusalem, and (verse 14) "when they heard that Samaria had received 243 OF A CHRISTIAN COMMONWEALTH. the word of God, sent Peter and John to them ;" by imposition of whose hands, they that were baptized (verse 15),. received, which before by the baptism of Philip they had not received, the Holy Gliost, For it was necessary for the conferring of the Holy Ghost, that their baptism should be administered or confirmed by a minister of the word, not by a minister of the Cliurch. And therefore to confirm the baptism of those that Philip the deacon had baptized, the apostles sent out of their own number from Jerusalem to Samaria, Peter and John ; who conferred on them that before -vere but baptized, those graces that were signs of the Holy Spirit, which at chat time did accompany all true believers ; which what they were may be understood by that which St. Mark saith (chap. xvi. 17), "these signs follow them that believe in my name; they shall cast out devils _;_ they shall speak with new tongues ; they shall take up serpents ; and if they drink any deadly thing, it shall not hurt them ; .they shall lay hands on the sick, and they shall recover." This to do, was it that Philip could npt give ; but the apostles could, and as appears by this place, effectually did to every man that truly believed and was by a minister of Christ hjwn-; self baptized : which power either Christ's ministers in this age cannot confer, or else there are very few true believers, or Christ hath very few ministers. That the first deacons were chosen not by the apostles, but by a congre- gation of the disciples, that is, of Christian men of all sorts, is manifest out of Acts vi., where we read that the "Twelve," after the number of disciples was multiplied, called them together, and having told them that it was not fit that the apostles should leave the word of God and serve tables,^said unto them (verse 3), " Brethren, look you out among you seven men of honest report, full of the Holy Ghost and of wisdom, whom we may appoint over this business." Here it is manifest, that though the apostles declared them elected ; yet the congregation chose them ; which also (verse 5) is more expressly said, where it is written, that " the saying pleased the whole multitude, and they chose seven, " &.z. Under the Old Testament, the tribe of Levi were only capable of the priesthood, and other inferior offices of the Church. The land was divided amongst the other tribes, Levi excepted, which by the subdivision of the tribe of Joseph into Ephraim and Manasseh, were still twelve. To the tribe of Levi were assigned certain cities fpr their habitation, with the suburbs for their cattle : but for their portion, they were to have the tenth ^ of the fruits of the land of their brethren. Again, the priests for their " maintenance had the tenth of that tenth, together with part of the oblations and sacrifices. For God had said to Aaron (Numb, xviii. 20), " Thou shalt have no inheritance in their land ; neither shalt thou have any part amongst them ; I am thy part and thine inheritance amongst the children of Israel." For God being then king, and having constituted the tribe of Levi, to be His public ministers, He allowed them for their maintenanoe the public revenue, that is to say, the part that God had reserved to himself ; which were tithes and offerings: and that is it which is meant, where God saith, "lam thine inheritance." And therefore to the Levites might not unfitly be attributed the name of "clergy," from KXijpos, which signifieth lot or inheritance ; not that they were heirs of the kingdom of God more than other ; but that God's inheritance was their maintenance. Now seeing in this time God himself was their king, and Moses, Aaron, and the succeeding high priests were His lieutenants ; it is manifest that the right of tithes and offerings was constituted by the civil power. After their rejection of God in the demanding of a king, they enjoyed still the same revenue ; but the right thereof was derived from that, that the kings did never take it from them ; for the public revemSe was at the OF POWER £:CCLESIASTICAL. 243 disposing ot him that was the public person ; and that, till the Captivity, was the king. And again, after the return from the Captivity, they paid their tithes as before to the priest. Hitherto therefore Church livings were determined by the civil sovereign. Of the maintenance of our Saviour and His apostles, we read only they had a purse, which was carried by Judas Iscariot ; and that of the apostles, such as were fishermen did sometimes use their trade ; and that when our Saviour sent the twelve apostles to preach, He forbad them (Matt, x^g, 10) " to carry gold and silver and brass in their purses, for that the workman is worthy of his hire." By which it is probable, theif ordinary maintenance was not unsuitable to their employment ; for their employment was (verse 8) " freely to give, because they had freely received ;" and their maintenance was the "free gift" of 'those that believed the good tiding they carried about of the coming of the Messiah their Saviour. To which we may add, that which was contributed out of gratitude by such as our Saviour had healed of diseases ; of which are mentioned (Luke viii. 2, 3), ' ' Certain women which had been healed of evil spirits and infirmities ; Mai-y Magdalen, out of whom went seven devils ; and Joanna the wife of Chuza, Herod's steward, and Susanna, and many others, which ministered unto Him of their substance." - After our Saviour's ascension, the Christians of every city lived in com- mon (Acts iv. 34, 35) upon the money which was made of the sale of their lands and possessions, and laid down at the feet of the apostles, of gqod will, not of duty; for, "whilst the land remained," saith St. Peter to Ananias (Acts v. '4), "was it not thine ? and after it was sold, was it not in thy power?" which showeth he needed not have saved his land nor his money by lying, as not being bound to contribute anything at all unless he had pleased. And as in the time ol the apostles, so also all the time down- ward till after Constantino the Great, we shall find that the maintenance of the bishops and pastors of the Christian Church was nothing but the volun- tary contribution of them that had embraced their doctrine. There was yet no mention of tithes : but such was in the time of Constantine and his sons the affection of Christians to their pastors, as Ammianus Marcellinus saith, describing the sedition of Damasus and Ursicinus about the bishopric, that it was worth their contention, in that the bishops of those times, by the liberality of theit flock, and especially of matrons, lived splendidly, were carried in coaches, and were sumptuous in their fare and apparel. But here may some ask, whether the pastors were then bound to live upon voluntary contribution, as upon alms ; " For who," saith St. Paul (I Cor. ix. 7), " goeth to war at his own charges? or wlio feedeth a flock, and eateth not of the milk of the flock ? " And again (verse 13), " Do ye not know that they which minister about holy things, live of the things of the temple ; and tiey which wait at the altar, partake with the altar ; " that is to say, have part of that which is offered at the altar for their main- tenance? And then he concludeth (verse 14), "Even so hath the Lord appointed, that they which preach the gospel should live of the gospel. " From which place may be inferred indeed that the pastors of the Church ought to be maintained by their flocks ; but not that the pastors were to determine either the quantity or the kind of their own allowance, and be, as it were, their own carvers. Their allowance must needs therefore be deter- mined either by the gratitude and liberality of every particular man of their flock, or by the whole congregation. By the whole congregation it could not be, because their acts were then no laws ; therefore the maintenance of pastors before emperors and civil sovereigns had made laws to settle it, was nothing but benevolence. They that served at the altar lived on what was offered. So may the pastors also take what is offered them by their flock ; 244 OF A CHRISTIAN COMMONWEALTH. but not exact what is not offered. In what court should they sue for it, who had no tribunals ? Or, if they had arbitrators amongst themselves, who should execute their judgments when they had no power to arm their officers? It remaineth, therefore, that there could be no certain mainte- nance assigned to any pastors of the Church but by the whole congrega- tion ; and then only when their decrees should have the force, not only of "canons," but also of "laws;" which laws could not be niade but by emperors, kings, or other civil sovereigns. The right of tithes in Moses' law could not be applied to the then ministers of the gospel ; because Moses and the high priests were the civil sovereigns of tlie people under God, whose kingdom amongst the Jews was present ; whereas the kingdom of God by Christ is yet to come. Hitherto hath been shown what the pastors of the Chiurch are ; what are the points of their commission, as that they were to preach, to teach, to baptize, to be presidents in their several congregations ; what is ecclesias- tical censure, viz., excommunication, that is to say, in those places where Christianity was forbidden by the civil laws, a putting of themselves out of the company of the excommunicate, and where Christianity was by the civil law commanded, a putting the excommunicate out of the congregations of Christians ; who elected the pastors and ministers of the Church, tli?.t it was the congregation ; who consecrated and blessed them, that it was the pastor; what was their due revenue, that it was none but their own possessions, and their own labour, and the voluntary contributions of devout and grateful Christians. We are to consider now what office in the Church those persons have, who being civil sovereigns, have embraced also the Christian faith. And first, we are to remember, that the right of judging what doctrines are fit for peace, and to be taught the subjects, is in all commonwealths in- separably annexed, as hath been already proved (chapter xviii.), to the sovereign power civil, whether it be in one man, or in one assembly of men. For it is evident to the meanest capacity that men's actions are derived from the opinions they have of the good or evil, which from those actions redound unto themselves : and consequently, men that are once possessed of an opinion, that their obedience to the sovereign power will be more hurtful to them than their disobedience, will disobey the laws, and thereby overthrow the commonwealth, and introduce confusion and civil war ; for the avoiding whereof, all civil government was ordained. And therefore in all common- wealths of the heathen, tlie sovereigns have had the name of pastors of the people, because there was no subject that could lawfully teach the people, but by their permission and authority. This right of the heathen kmgs cannot be thought taken from them by their conversion' to the faith of Christ ; who never ordained that kings, for believing in Him, should be deposed, that is, subjected to any but himself, or, which is all one, be deprived of -ihe power necessary for the conserva- tion of peace amongst their subjects, and for their defence against foreign enemies. And therefore Christian kings are still the supreme pastors of their people, and have power to ordain Avhat pastors they please, to teach the Church, that is, to teach the people committed to their charge. Again, let the right of choosing them be, as before the conversion of kings in the Church ; for so it was in the time of the apostles themselves, as hath been shown already in this chapter ; even so also the right will be in the civil sovereign. Christian. For in that he is a Christian, he allows the teaching ; and in that he is the sovereign, which is as much as to say, the Church by representation, the teachers he elects are elected by the Church. And when an assembly of Christians choose their pastor in a Christian commonwealth, it is the sovereign that electeth him, because it is done by OF POWER ECCLESIASTICAL. 245 his authority ; in the same manner, as when a town choose their mayor, it is the act of liim that hath the sovereign power : for every act done, is the act of him, without whose consent it is invalid. And therefore whatsoever examples may be drawn out of history concerning the election of pastors by the people, or by the clergy, they are no arguments against the right of any civil sovereign, because they that elected them did it by his authority. Seeing then in every Christian commonwealth, the civil sovereign is the supreme pastor, to whose charge the whole flock of his subjects is com- mitted, and consequently that it is by his authority that all other pastors are made, and have power to teach, and perform all other pastoral offices ; it foUoweth also, that it is from the civil sovereign that all other pastors derive their right of teaching, preaching, and other functions pertaining to that office, and that they are but his ministers ; in the same manner as the magistrates of towns, judges in courts of justice, and commanders of armies, are all but ministers of him that is the magistrate of the whole commonwealth, judge of all causes, and commander of the whole militia, which is always the civil sovereign. And the reason hereof is not because they that teach, but because they that are to learn, are his subjects. For let it be supposed that a Christian king commit the authority of ordaining pastors in his dominions to another king, as divers Christian kings allow that power to the Pope ; he doth not thereby constitute a pastor over him- self, nor a sovereign pastor over his people ; for that were to deprive himself of the civil power ; which, depending on the opinion men have of their duty to him and the fear they have of punishment in another world, would depend also on the skill and loyalty of doctors, who are no less subject, not only to ambition, but also to ignorance, than any other sort of men. So that where a stranger hath authority to appoint teachers, it is given him by the sovereign in whose dominions he teacheth. Christian doctors are our schoolmasters to Christianity ; but kings are fathers of families, and may receive schoolmasters for their subjects from the recommendation of a stranger, but not from the command ; ^specially when the ill teaching them shall redound to the great and manifest profit of him that recommends them : nor can they be obliged to retain them, longer than it is for the public good ; the care of which they stand so long charged withal, as they retain any other essential right of the sovereignty. If a man therefore should ask a pastor, in the execution of his office, as the chief priests and elders of the people (Matt. xxi. 23) asked our Saviour, "By what authority doest thou these things, and who gave thee this ■ authority?" he can make no other just answer, but that he doth it by the authority of the commonwealth, given him by the king, or assembly that representeth it. All pastors, except the supreme, execute their charges in the right, that is, by the authority of the civil sovereign, that is, jure civili. But the king, and every other sovereign, executeth his office of supreme pastor by immediate authority from God, that is to say, in " God's right " or jure divino. And therefore none but kings can put into their titles a mark of their submission to God only, Dei gralid rex, &c. Bishops ought to say in the beginning of their mandates, " By the favour of the King's Majesty, bishop of such a diocese;" or as civil ministers, "in His Majesty's name." For in saying, Dtvind provideniid, which is the same with Z'«^ra/ja,.though disguised, they deny to have received their authority from the civil state ; and slily slip off the collar of their civil subjection, contrary to the unity and defence of the commonwealth. But if every Christian sovereign be the sujjreme pastor of his own sub- jects, it seemeth that he hath also the authority not only to preach, which perhaps no man will deny, but also to baptize and to administer the sacra* 246 OF A CHRISTIAN COMMONWEALTH. ment of the Lord's Supper, and to consecrate both temples and pastors to God's service, which most men deny ; partly because they use not to do ir, and partly because the administration of sacraments, arid consecration of persons and places to holy uses, requireth the imposition of such men's hands as by the like imposition successively from the time of the apostles have been ordained to the like ministry. For proof therefore that Christian kings have power to baptize, and to consecrate, I am to render a reason, both why they use not to do it, and how, without the ordinary ceremony of imposition of hands, they are made capable of doing it when they will. There is no doubt but any king. In case he were skilful in the sciences, might by the same right of his office read lectures of them himself, by which he authorizeth others to read them in the universities. Nevertheless, because the care of the sum of the business of the commonwealth taketh up his whole time, it were not convenient for him to apply himself in person to that particular. A king may also, if he please, sit in judgment to hear and determine all manner of causes, as well as give others authority to do it in his name ; but that the charge that lieth upon him of command and government, constrain him to be continually at the helm, and to commit the ministerial offices to others under him. In the like manner our Saviour, who surely had power to baptize, baptized none (John iv. 2) himself, but sent His apostles and disciples to baptize. So also St. Paul, by the necessity of preaching in divers and far distant places, baptized few ; amongst all the Corinthians he baptized only (l Cor. i. 14, 16) Crispus, Gains, and Stephanas, and the reason was (l Cor. 1. 17) because his principal charge was to preach. Whereby it is manifest that the greater charge, such as is the government of the Church, is a dispensation for the less. The reason therefore why Christian kings use not to baptize is evident, and the same for which at this day there are few baptized by bishops, and by the Pope fewer. And as concerning imposition of hands, whether it be needful for the authorizing of a king to baptize and consecrate, we may consider thus : Imposition of hands was a most ancient public ceremony amongst the Jews, by which was designed and made certain the person or other thing intended in a man's prayer, blessing, sacrifice, consecration, condemnation, or other speech. So Jacob, in blessing the children of Joseph (Gen. xlviii. _i4)j " laid his right hand on Ephraim the younger, and his left hand on Manasseh the first-born ; " and this he did " wittingly " (though they were so presented to him by Joseph, as he was forced in doing it to stretch out his arms across), to design to whom he intended the greater blessing. So also in the sacrificing of the burnt-ofifering, Aaron is commanded (Exod. xxix. 10) "to lay his hands on the head of the bullock; " and (verse 15) "to lay his hand on the head of the ram." The same is also said again (Levit. i. 4, and viii. 14). Likewise Moses, when he ordained Joshua to be captain of the Israelites, that is, consecrated him to God's service (Numb, xxvii. 23), " laid his hands upon him and gave him his charge," designing and rendering certain who it was they were to obey in war. And in the consecration of the Levites (Numb. viii. 10), God commanded that "the children of Israel should put their hands upon the Levites." And in the condemnation of him that had blasphemed the Lord (Levit. xxiv. 14), God commanded that " all that heard him should lay their hands on his head, and that all the congregation should stone him." And why should they only that heard him lay their hands upon him, and not rather a priest, Levite, or other minister of justice, but that none else were able to design and to demonstrate to the eyes of the congregation who it was that had blasphemed and ought to die ? And to design a man or any other thing by OF POWER ECCLESIASTICAL. 247 the hand to the eye, is less subject to mistake than when it is done to the ear by a name. And so much was this ceremony observed, that in blessing the whole congregation at once, which cannot be done by laying on of hands, yet Aaron (Levit. ix. 22) " did lift up his hands toward the people when he blessed them." And we read also of the like ceremony of consecration of temples amongst the heathen, as that the priest laid his hands on some post of the temple, all the while he was uttering the words of consecration. So natural it is to design any individual thing, rather by the hand, to assure the eyes, than by words to inform the ear, in matters of God's public service. This ceremony was not therefore new in our Saviour's time. For Jairus (Mark v. 23), whose daughter was sick, besought our Saviour not to heal her, but " to lay His hands upon her that she might be healed." And (Malt. xix. 13), " they brought unto Him little children that He should put His hands on them and pray." According to this ancient rite, the apostles, and presbyters, and the pres- bytery itself, laid hands on them whom they ordained pastors, and withal prayed for them that they might receive the Holy Ghost ; and that not only once, but sometimes oftener, when a new occasion was presented : but the end was still the same, namely a punctual and religious designation of the person, ordained either to the pastoral charge in general, or to a particular mission. So (Acts vi. 6), " The apostles prayed, and laid their hands " on the seven deacons ; which was done, not to give them the Holy Ghost (for they were full of the Holy Ghost before they were chosen, as appeareth im- mediately before, verse 3), but to design them to that office. And after Philip the deacon had converted certain persons in Samaria, Peter and John went down (Acts viii. 17), "and laid their hands on them, and they received the Holy Ghost." And not only an apostle, but a presbyter had this power : for St. Paul adviseth Timothy (l Tim. v. 22), "lay hands suddenly on no man ;" that is, design no man rashly to the office of a pastor. The whole presbytery laid their hands on Timothy, as we read i Tim. iv. 14 : but this is to be understood, as that some did it by the appointment of the presbytery, and most likely their irpoeariis, or prolocutor, which it may be was St. Paul himself. For in his second Bpistle to Timothy, chap. i. 6, he saith to him, " Stir up the gift of God, which is in thee by the laying on of my hands:" where note by the way, that by the Holy Ghost, is not meant the third person in the Trinity, but the gifts necessary to the pastoral office. We read also, that St. Paul had imposition of hands twice ; once from Ananias at Damascus (Acts ix. 17, t8), at the time of his baptism; and again (Acts xiii. 3) at Antioch, when he was first sent out to preach. The use then of this ceremony, considered in the ordination of pastors, was to design the person to whom they gave such power. But if there had been then any Christian that had had the power of teaching before ; the baptizing of him, that is, the making him a Christian, had given him no new power, but had only caused him to preach true doctrine, that is, to use his power aright ; and therefore the imposition of hands had been un- necessary ; baptism itself had been sufficient. But every sovereign, before Christianity, had the power of teaching, and ordaining teachers ; and there- fore Christianity gave them no new right, but only directed them in the way of teaching truth ; and consequently they needed no imposition of hands, besides that which is done in baptism, to authorize them to exercise any part of the pastoral function, as namely, to baptize and consecrate. And in the Old Testament, though the priest only had right to consecrate, during the time that the sovereignty was in the high priest ; yet it was not so when the sovereignty was in the king. For we read (1 Kings 248 OF A CHRISTIAN COMMONWEALTH. viii.) tliat Solomon blessed the people, consecrated the Temple, and pro- nounced that public prayer which is the pattern now for consecration of all Christian churches and chapels : whereby it appears, he had not only the right of ecclesiastical government, but also of exercising ecclesiastical functions. From this consolidation of the right politic and ecclesiastic iri Christian sovereigns, it is evident, they have all manner of power over their subjects, that can be given to man, for the government of men's external actions, both in policy and religion ; and may make such laws as themselves shall judge fittest, for the government of their own subjects, both as they are the commonwealth, and as they are the Church ; for both State and Church are the same men. If they please, therefore, they may, as many Christian kings now do, com- mit the government of their subjects in matters of religion to the Pope ; but then the Pope is in that point subordinate to them, and exerciseth that charge in another's dominiony»« civili, in the right of the civil sovereign ; not jure divino, in God's right ; and may therefore be discharged of that office, when the sovereign, for the good of his subjects, shall think it necessary. They may also, if they please, commit the care of religion to one supreme pastor, or to an assembly of pastors ; and give them what power over the Church, or one over another, they think most convenient ; and what titles of hononr, as of archbishops, bishops, priests, or presbyters, they will ; and make such laws for their maintenance, either by tithes or otherwise, as they please, so they do it out of a sincere conscience, of which God only is the judge. It is the civil sovereign that is to appoint judges and interpreters of the canonical Scriptures ; for it is he that maketh them laws. It is he also that giveth strength to excommunications ; which but for such laws and punishments, as may humble obstinate libertines, and reduce them to union with the rest of the Church, would be contemned. In sum, he hath the supreme power in all causes, as well ecclesiastical as civil, as far as concerneth actions and words, for those only are known and may be accused ; and of that which cannot be accused, there is no judge at all but God, that knoweth the heart. And these rights are incident to all sovereigns, whether monarchs or assemblies : for they that are the repre- sentants of a Christian people, are representants of the Church: for a Church and a commonwealth of Christian people are the same thing. Though this that I have here said, and in other places of this book, seem clear enough for the asserting of the supreme ecclesiastical power to Christian sovereigns ; yet because the Pope of Rome's challenge to that power universally hath been maintained chiefly, and, I think, as strongly as is possible, by Cardinal Bellarmine, in his controversy, De Summo Pontifice; I have thought it necessary, as briefiy as I can, to examine the grounds and strength of his discourse. Of five books he hath written of this subject, the first containeth three questions : one, which is simply the best government, " Monarchy," "Aristocracy," or "Democracy;" and concludeth for neither, but for a government mixed of all three : another, which of these is the best govern- ment of the Church ; and concludeth for the mixed, but which should most participate of monarchy ; the third, whether in this mixed monarchy St. Peter had the place of monarch. Concerning his first conclusion, I have already sufficiently proved (chapter xviii. ) that all governments which men are bound to obey are simple and absolute. In monarchy there is but one man supreme ; and all other men that have any kind of power in the state have it by his commission, during his pleasure, and execute it in his name : and in aristocracy and democracy but one supreme assembly, with the same power that in monarchy belongeth to the monarch, which is not ii OF POWER ECCLESIASTICAL. 249 mixed but an absolute sovereignty. And of the three sorts which i; the best is not to be disputed, wliere any one of them is aheady establislied ; but the present ought always to be preferred, maintained, and accounted best ; because it is against both the law of Nature and the divine positive law to do anything tending to the subversion thereof. Besides, it raaketh nothing to the power of any pastor,- unless he have the civil sovereignty, what kind of government is the best ; because thair calling is not to govern men by commandment but to teach them, and persuade them by arguments, and leave it to them to consider whether they sliall embrace or reject the doctrine taught. For monarchy, aristocracy, and democracy, do mark out unto us three sorts of sovereigns, not of pastors ; or, as we may say, three sorts of masters of families, not three sorts of schoolmasters for their children. Aud therefore the second conclusion, concerning ihe best form of govern- ment of tlie Church, is nothing to the question of the Pope's power without his own dominions. For in all other commonwealths his power, if he have any at all, i-i that of the schoolmaster only, and not of the master of the family. For the third conclusion, which is, that St. Peter was monarch of the Church, he bringeth for his chief argument the place of St. Matthew (chap, xvi. 18, 19), "Thou art Peter, and upon this rock I will build my Church," &c. " And I will give thee the keys of heaven ; whatsoever thou shalt bind on earth, shall be bound in heaven, and whatsoever thou shalt loose on earth, shall be loosed in heaven." Which place, well considered, proveth no more, but that the Church of Christ hath for foundation one only article ; namely, that which Peter in the name of all the apostles pro- fessing, gave occasion to our Saviour to speak the words here cited. Which that we may clearly understand, we are to consider that our Saviour preached by himself, by John the Baptist, and by His apostles, nothing but this article of faith, " that He was the Christ ; " all other articles requiring faith no otherwise than as founded on that. John began first (Matt. iii. 2), preaching only this, " the kingdom of God is at hand." Tlien our Saviour himself (Matt. iv. 17) preached the same : and to His twelve apostles, when He gave them their commission (Matt. X. 7), there is no mention of preaching any other article but that. This was the fundamental article, that is the foundation of the Church's faith. After- wards the apostles being returned to Him, He (Matt. xvi. 13) asketh them all, not Peter only, "who men said He was;" and they answered that " some said He was John the Baptist, some Elias, and others Jeremiah, or one of the prophets." Then (verse 15) He asked them all again, not Peter only, " Whom say ye that I am ?" Therefore St. Peter answered for them all, " Thou art Christ, the Son of the living God;'' which I said is the foundation of the faith of the whole Church ; from which our Saviour takes the occasion of saying, "upon this stone I will build my Church:" by which it is manifest, that by the foundation-stone of the Church was meant the fundamental article of the Church's faith. But why then, will some object, doth our Saviour interpose these words, " thou art Peter?" If the original of this text had been rigidly translated, the reason would easily have appeared. We are therefore -to consider, that the apostle Simon was sumamedj" Stone, " which is the signification of the Syriac word " Cephas," and of the Greek worn IleTpoj. Our Saviour therefore, after the confes- sion of that fundamental article, alluding to His name, said (as if it were in Enghsh) thus, " Thou art '.stone,' and upon this stone I will build my Church : " which is as much as to say, this article, that " I am the Christ," is the foundation of all the faith I require in those that are to be members of my Church. Neither is this allusion to a name an unusual thing in common speech. But it had been a strange and obscure speech if our Saviour, 2SO OF A CHRISTIAN COMMONWEALTH. intending to build His Church on the person of St. Peter, had said, "Thoit ait a stone, and upon this stone I will build my Church ; " when it was so obvious, without ambiguity, to have said, "I will build my Church on thee : '' and yet there had been still the same allusion to His name. And for the following words, " I will give thee the keys of heaven,'' _&c., it is.no more than what our Saviour gave also to all the rest of His disciples (Matt, xviii. l8), " Whatsoever ye shall bind on earth, shall be bound in heaven : and whatsoever ye shall loose on earth, shall be loosed in heaven." But howsoever this be interpreted, there is no doubt but the power here granted belongs to all supreme pastors ; such as are all Christian civil sovereigns in their own dominions. Insomuch, as if St. Peter, or our Saviour himself, had converted any of them to believe Him, and to acknowledge His kingdom ; yet, because His kingdom is not of this world, He had left the supreme care of converting His subjects to none but him ; or else He must have deprived him of the sovereignty, to which the right of teaching is inseparably annexed. And thus much in refutation of his first book, wherein he would prove St. Peter to have been the monarch universal of the Church, that is to say, of all the Christians in the world. The second book hath two conclusions : one, that St. Peter was bishop of Rome, and there died ; the other, that the Popes of Rome are his suc- cessors. Both which have been disputed by others. But supposing them true ; yet if by Bishop of Rome, be understood either the monarch of the Church, or the supreme pastor of it : not Silvesterj but Constantine, who was the first Christian emperor, was that bishop ; and as Constantine, so all other Christian emperors were of right supreme bishops of the Roman empire. I say of the Roman empire, not of all Christendom, for other Christian sovereigns had the same right in their several territories, as to an office essentially adherent to their sovereignty. Which shall serve for answer to his second book. In the third book lie handleth the question, whether the Pope be Anti- christ? For my part, I see no argument that proves he is so, in that sense the Scripture useth the name ; nor will I take any argument from the quality of Antichrist to contradict the authority he exerciseth, or hath heretofore exercised in the dominions of any other prince or state. It is evident that the prophets of the Old Testament foretold, and the Jews expected a Messiah, that is, a Christ, that should re-establish amongst them the kingdom of God, which had been rejected by them in the time of Samuel, when they required a king after the manner of other nations. This expectation of theirs made them obnoxious to the imposture of all such as had both the ambition to attempt the attaining of the kingdom, and the heart to deceive the people by counterfeit miracles, by hypo- critical life, or by orations and doctrine plausible. Our Saviour, there- fore, and His apostles, forewarned men of false prophets and of false Christs. False Christs are such as pretend to be the " Christ," but are not, and are called properly " Antichrists ;" in such sense, as when there happeneth a schism in the Church, by the election of two popes, the one calleth the other " Antipapa," or the false Pope. And therefore Anti- christ in the proper signification hath two essential marks ; one, that he denieth Jesus to be Christ ; and another that he professeth himself to be Christ. The first mark is set down by St. John in his first Epistle, iv. 3, " Every spirit that confesseth not that Jesus Christ is come in the flesh, is not of God ; and this is the spirit of Antichrist." The other mark is expressed in the words of our Saviour (Matt. xxiv. 5), "many shall come in iny name, saying, I am Christ;" and again (verse 23), "If any man shall say unto you, lo ! here is Christ, and there is Christ, believe it not," And therefore Antichrist must be a false Christ ; that is, some one of them OF POWER ECCLESIASTICAL. 251 that shall pretend themselves to be Chi ist. And out of these two marks, " to deny Jesus to be the Christ," and " to affirm himself to be the Christ," it followeth, that he must also be an "adversary of Jesus the true Christ," which is another usual signification of the word Antichrist. But of these many Antichrists, there is one special one, h Amxpia-To!, " the Antichrist," or " Antichrist " definitely, as one certain person, not indefinitely ' ' an Anti- christ." Now, seeing the Pope of Rome neither pretendeth himself, nor denieth Jesus to be the Christ, I perceive not how he can be called Anti- christ ; by which word is not meant, one that falsely pretendeth to be " his lieutenant " or "vicar-general," but to be " He." There is also some mark of the time of this special Antichrist, as (Matt. xxiv. 15), when that abominable destroyer spoken of by Daniel (Dan. ix. 27) shall stand in the holy place, and such tribulation as was not since the beginning of the world, nor ever shall be again, insomuch as if it were to last long (Matt. xxiv. 22) " no flesh could be saved ; but for the elect's sake those days shall be shortened," made fewer. But that tribulation is not yet come ; for it is to be followed immediately (verse 29) by a darkening of the sun and moon, a falling of the stars, a concussion of the heavens, and the glorious coming again of our Saviour in the clouds. And therefore " the Antichrist " is not yet come ; whereas, many Popes are both come and gone. It is true, the Pope, in taking upon him to give laws to all Christian kings and nations, usurpeth a kingdom in this world, which Christ took not on Him ; but he doth it not " as Christ," but as "for Christ," wherein there is nothing of " the Antichrist." In the fourth book, to prove the Pope to be the supreme judge in all questions of faith and manners, "which is as much as to be the absolute monarch of all Christians in the world," he bringeth three propositions : the first, that his judgments are infallible : the second, that he can make very laws,- and punish those that observe them not : the third, that our Saviour conferred all jurisdicticion ecclesiastical on the Pope of Rome. For the infallibility of his judgments, he allegeth the Scriptures : and first, that of Luke xxii. 31, 32 : " Simon, Simon, Satan hath desired you, that he may sift you as wheat ; but I have; prayed for thee, that thy faith fail not ; and when thou art converted, strengthen thy brethren." This, according to Bellarmine's exposition, is, that Christ gave here to Simon Peter two privi- leges : one, that neither his faith should fail, nor the faith of any of his suc- cessors : the other, that neither he, nor any of his successors, should ever define any point concerning faith or manners erroneously, or contrary to the definition of a former Pope : which is a strange and very much strained interpretation. But he that with attention readeth that chapter, shall find there is no place in the whole Scripture that maketh more against the Pope's authority than this very place. The Priests and Scribes seeking to kill our Saviour at the Passover, and Judas possessed with a resolution to betray Him, and the day of killing the Passover being come, our Saviour cele- brated the same with His apostles, which He said, till the kingdom of God was come He would do no more ; and withal told them that one of them was to betray Him. Hereupon they questioned which of them it should be ; and withal, seeing the next Passover their Master would celebrate should be when He was king, entered into a contention who should then be the greatest man. Our Saviour therefore told them that the kings of the nations had dominion over their subjects, and are called by a name in Hebrew, that signifies bountiful ; "but I cannot be so to you, you must endeavour to serve one another ; I ordain you a kingdom, but it is such as my Father hath ordained me ; a kingdom that I am now to purchase with my blood, and not to possess till my second coming ; then ye shall eat and drink at my table, and sit on thrones judging the twelve tribes of Israel," 2S4 OF A CHRISTIAN COMMONWEALTH. AiidthenaddressinghimselftoSt. Peter, He saith: "Simon, Simon, Satail seeks, by suggesting a present domination, to weaken your faith of the future ; but I have pray?d for thee, that thy faith shall not fail ; thou therefore note this, being converted, and understanding my kingdom as ol another world, confirm the same faith in thy brethren." To which St. Peter answered, as one that no more expected any authority in this vrorld, "Lord, I am ready to go with thee, not only to prison, but to death. ' Whereby it is manifest St. Peter had not only no jurisdiction given him in this world, but a charge to teach all the other apostles that they also should have none. And for the infallibility of St. Peter's sentence definitive in matter of faith, there is no more to be attributed to it out of thtB text than that Peter should continue in the belief of this point, namely, that Christ should come again and possess the kingdom at the day of judgment, which was not given by this text to all his successors ; for we see they claim it in the world that now is. The second place is that of Matt. xvi. i8, "Thou art Peter, and upon this rock I will build my Church, and the gates of hell shall not prevail against it." By which, as I have already shown in this chapter, is proved no more, than that the gates of hell shall not prevail against the confession of Peter, which gave occasion to that speech; namely this, that "Jesus is Christ the Son of God." The third text is John xxi. l6, 17: "Feed my sheep;" which contains no more but a commission of teaching. And if we grant the rest of the apostles to be contained in that name of " sheep ; " then it is the supreme power of teaching : but it was only for the time that there were no Christian sovereigns already possessed of that supremacy. But I have already proved that Christian sovereigns are in their own dominions the supreme pastors, and instituted thereto, by virtue of their being baptized, though without other imposition of hands. For such imposition, being a ceremony of designing the person, is needless, when he is already designed to the power of teaching what doctrine he will, by his institution to an absolute power over his subjects. For as I have proved before, sovereigns are supreme teachers, in general, by their office ; and therefore oblige themselves, by their baptism, to teach the doctrine of Christ : and when they suffer others to teach their people, they do it at the peril of their own souls ; for it is at the hands of the heads of families that God will require the account of the instruction of His children and servants. It is of Abraham himself, not of i^hireling, diat God saith (Gen. xviii. 19), " I know him fhat he will com- mand his children, and his household after him, that they keep the way of the Lord, and do justice and judgment. The fourth place is that of Exod. xxviii. 30 : " Thou shall put in the breast-plate of judgment, the Urim and the Thummim ; " which he saith is interpreted by the Septuagint HjKavai Kai aKiiBnav ; that is, " evidence and truth ; " and thence concludeth, God hath given evidence and truth, which is almost infallibility, to the high priest. But be it evidence and truth itself that was given ; or be it but admonition to the priest to endeavour to inform himself clearly, and give judgment uprightly ; yet in that it was given to the high priest, it was given to the civil sovereign ; (for such next under God was the high priest in the commonwealth of Israel) ; and is an argument for evidence and truth, that is, for the ecclesiastical supremacy of civil sovereigns over their own subjects, against the pretended power of the Pope. These are all the texts he bringeth for the infallibiUty of the judg- ment of the Pope in point of faith. For the infallibility of his judgment concerning manners, he bringeth one text, which is that of John xvi. 13: " When the Spirit of truth is come, he will lead you into all truth : " where, saith he, by "all truth," is meant, at OP POWER ECCLESIASTICAL. 253 least "all truth necessary to salvation." But with this mitigation, he attributeth no more infallibility to the Pope, than to any man that pro- fesseth Christianity and is not to be damned. For if any man err in any point, wherein not to err is necessary to salvation, it is impossible he should be saved ; for that only is necessary to salvation, without which to be saved is impossible. What points these are, I shall declare out of the Scripture in the chapter following. In this place I say no more, but that though it were granted, the Pope could not possibly teach any errcr at all, yet doth not this entitle him to any jurisdiction in the dominions of another prince; unless we shall also say, a man is obliged in conscience to set on work upon all occasions the best workman, even then also when he hath formerly promised his work to another. Besides the text, he argueth from reason, thus. If the Pope could err in necessaries, then Christ hath not sufficiently provided for the Church's salvation ; because He hath commanded her to follow the Pope's directions. But this reason is invalid, unless he show when and where Christ com- manded that, or took at all any notice of a Pope. Nay. granting whatso- ever was given to St. Peter was given to the Pope ; yet seeing there is in the Scripture no command to any man to obey St. Peter, no man can be just that obeyeth him when his commands are contrary to those of his lawful sovereign. Lastly, it hath not been declared by the Church, nor by the Pope him- self, that he is the civil sovereign of all the Christians in the world ; and therefore all Christians are not bound to acknowledge his jurisdiction in point of manners. For the civil sovereignty, and supreme judicature in controversies of manners, are the same thing : and the makers of civil laws, are not only declarers, but also makers of the justice and injustice of actions ; there being nothing in men's manners that makes them righteous or unrighteous, but their conformity with the law of the sovereign. And therefore, when the Pope challengeth supremacy in controversies of manners, he teacheth men to disobey the civil sovereign ; which is an erroneous doctrine, contrary to the many precepts of our Saviour and His apostles, delivered to us in the Scripture. To prove the Pope has pov/er to make laws, he allegeth many places ; as first (Deut. xvii. 12), " The man that vrill do presumptuously, and will not hearken unto the priest, that standeth to minister there before the Lord thy God, or unto the judge, oven that man shall die ; and thou shalt put away the evil from Israel." For answer whereunto, we are to remember that the high priest, next and immediately under God, was the civil sovereign ; and all judges were to be constituted by him. The words alleged sound therefore thus : " The man that will presume to disobey tlie civil sovereign for the time being, or any of his officers in the execution of their places, that man shall die," &c. : which is clearly for the civil sovereignty, against the universal power of the Pope. Secondly, he allegeth that of Matt. xvi. ig, " Whatsoever ye shall bind," &c., and interpreteth it for such "binding" as is attributed (Matt, xxiii. 4) to the Scribes and Pharisees, "They bind heavy burthens, and grievous to bt borne, and lay them on men's shoulders ;" by which is meant, he says, making of laws ; and concludes thence that the Pope can make laws. But this also maketh only for the legislative power of civil sovereigns. For the Scribes and Pharisees sat in Moses' chair; but Moses next under God was sovereign of the people of Israel : and therefore our Saviour commanded them to do all that they should say, but not all that they should do : that is, to obey their laws, but not follow their example. The third place is John xxi. 16, "Feed my sheep;' which is not a power to make laws, but a command to teach. Making laws belongs to 254 OF A CHRISTIAN COMMONWEALTH. the lord of the family ; who ,by his own discretion cliooseth his chaplain, as also a schoolmaster to teach his children. The fourth place (John xx. 2t) is against him. The words are, "As my Father sent me, so send I you. " But our Saviour was sent to redeem by His death such as should believe, and by His own and His apostles' preaching, to prepare them for their entrance into His kingdom ; which Heliimselfsaith, is not of this world, and hath taught us to pray for the coming of it hereafter, though He refused (Acts i. 6, 7) to tell Ilis apostles when it should come ; and in which, when it comes, the twelve apostles shall sit on twelve thrones, every one perhaps as high as that of St. Peter, to judge the twelve tribes of Israel. Seeing then God the Father sent not our Saviour to make laws in this present world, we may conclude from the text, that neither did our Saviour send St. Peter to make laws here, but to persuade men to expect His second coming with a steadfast faith ; and in the meantime, if subjects, to obey their princes ; and if princes, both to believe it themselves, aud to do their best to make their subjects do the same ; which is the office of a bishop. Therefore this place maketh most strongly for the joining of the ecclesiastical supremacy to the civil sove- reignty, contrary to that which Cardinal Bellarmine allegeth it for. The fifth place is Acts xv. 28j 29, ' ' It hath seemed good to the Holy Spirit and to us, to lay upon you no greater burthen, than these necessary things, that ye abstain from meats offered to idols, and from blood, and from things strangled, and from fornication." Here he notes the word " laying of burthens for the legislative power. But who is there, that reading this text, can say this style of the apostles may not as properly be iised in giving counsel as in making laws ? The style of a' law is, " we Command : " but, " we think good," is the ordinary style of them that but give advice ; and they lay a burthen that give advice, though it be conditional, that is, if they to whom they give it, will attain their ends ; and such is the burthen of ab- staining from things strangled, and from blood ; not absolute, but in case they will not err. I have shown before (chapter xxv.) that law is dis- tinguished from counsel in this, that the reason of a law is taken from the design and benefit of him that prescribeth it ; but the reason of a counsel, from the design and benefit of him to' whom the counsel is given. But here the- apostles aim only at the benefit of the converted Gentiles, namely, their salvation ; not at their own benefit, for having done their endeavour, they shall have their reward, whether they be obeyed or not. And therefore the acts of this council were not laws, but counsels. 'The sixth place is that of Rom. xiii., " Let every soul be subject to the higher powers, for there is no power but of God ; " which is meant, he saith, not only of secular, but also of ecclesiastical princes. To which I answer, first, that there are no ecclesiastical princes but those that are also civil sovereigns ; and their principalities exceed not the compass of then: civil sovereignty ; without those bounds, though they may be received for doctors, they cannot be acknowledged for princes For if the apostle had meant we should be subject both to our own princes, and also to the Pope, he had taught us a doctrine which Christ himself hath told us is im- possible, namely, "to serve two masters." And though the apostle says in another place (2 Cor. xiii. 10), " I write these things being absent, lest being present I should use sharpness, according to the power which the Lord hath given me ; " it is not, that he challenged a power either to put to death, im- prison, banish, whip, or fine any of them, which are punishments ; but only to excommunicate, which, without the civil power, is no more but' a leaving of their company, and having no more to do with them than with a heathen man or a publican ; which in many occasions might be a greater pain to the excommuTiicant than to the excommunicate. OF POWER ECCLESIASTICAL. 255 The seventh place is I Cor. iv. 21, "Shall I come unto you with a rod, or in love, and the spirit of lenity ? " But here again it is not the power of a magistrate to punish offenders, that is meant by a rod ; but only the power of excommunication, which is not in its own nature a punishment, but only a denouncing of punishment, that Christ shall in6ict when He shall be in possession of His kingdom, at the day of judgment. Nor then also shall it be properly a punishment, as upon a subject that hath broken the law ; but a revenge, as upon an enemy or revolter, that denieth the right of our Saviour to the kingdom. And therefore this proveth not the legislative power of any bishop that has not also the civil power. The eighth place is I Tim. iii. 2, " A bishop must be the husband of but one wife, vigilant, sober," &c. ; which he saith was a law. I thought that none could make a law in the Chutch but the monarch of the Church, St. Peter. But suppose this precept made by the authority of St. Peter, yet I see no reason why to call it a law rather than an advice, seeing Timothy was not a subject but a disciple of St. Paul ; nor the flock under the charge of Timothy, his subjects in the kingdom, but his scholars in the school of Christ. If all the precepts he giveth Timothy be laws, why is not this also a law (i Tim. r. 23), " Drink no longer water, but use a little wine for thy health's sake ? " And why are not also the precepts of good physicians so many laws, but that it is not the imperative manner of speaking, but an absolute subjection to a person, that maketh his precepts laws ? In like manner, the ninth place (i Tim. v. 19), "Against an elder receive not an accusation, but before two or three witnesses," is a wise precept, but not a law. The tenth place is Luke x. 16, " He that heareth you, heareth me ; apd he that despiseth you, despiseth me.'' And there is no doubt but he that despiseth the counsel ol those that are sent by Christ, despiseth the counsel of Christ himself. But who are those now that are sent by Christ but such as are ordained pastors by lawful authority? And who are lawfully ordained that are not ordained by the sovereign pastor? And who is ordained by the sovereign pastor in a Christian commonwealth that is not ordained by the authority of the sovereign thereof? Out of this place there- fore it foUoweth, that he which heareth his sovereign, being a Christian, heareth Christ ; and he that despiseth the doctrine which his king, being a Christian, authorizeth, despiseth the doctrine of Christ : which is not that which Bellarmine intendeth here to prove, but the contrary. But all this is nothing to a law. Nay more, a Christian king, as a pastor and teacher of his subjects, makes not thereby his doctrines laws. He cannot oblige men to believe ; though as a civil sovereign he may make laws suitable to his doctrine, which may oblige men to certain actions, and sometimes to such as they would not otherwise do, andi which he ought not to command ; and yet when they are commanded fliey are laws ; and the external actions done in obedience to them, vrithout the inward approl>ation, are the actions of the sovereign, and not of the subject, which is in that case but as an instrument, vnthoitt any motion of his own at all ; because God hath com- manded to obey them. The eleventh is every place where the apostle for counsel putteth some word by which men use to signify command ; or calleth the following of his counsel by the name of obedience. And therefore they are alleged out of I Cor. xi. 2 : "I commend you for keeping my precepts as I delivered them to you." The Greek is, " I commend you for keeping those things I delivered to you as I delivered them." Which is far from signifying that they were laws, or anything else, but good counsel. And that of i Thess. iv. 2: " You know what commandments we gave you : " where the Greek word is 5r»(Ja77eXias ihihKa.ii.tii, equivalent to irapeSuKa/uev, " what we 2s6 OF A CHRISTIAN COMMONWEALTH. delivered to you,'' as iu ihe place next before alleged, which does not prove tiie traditions of the apostles to be any more than counsels ; though as is said in the 8th verse, "he that despiseth them, despiseth not mail, but God." For our Saviour himself came not to judge, that is, to be king in this world, but to sacrifice himself for sinners, and leave doctors in His Church to lead, not to drive men to Christ, vfho never accepteth forced actions (which is all the law produceth), but the inward conversion of the heart ; which is not the work of laws, but of counsel and doctrine. And tharof 2 Thess. iii. 14, " If any man obey not our word by this epistle, note that man, and have no company with him, that he may be ashamed:" where from the word "obey," lie would infer that this epistle was a law to the Thessalonians. The epistles of the emperors were indeed laws. If therefore the epistle of St. Paul were also a law, they were to obey two masters. But tlie word " obey," as it is in the Greek uxoKoiiei, signifieth " hearkening to " or " putting in practice," not only that which ij'commanded by him that has right to punish, but also that which is deli- vered in a way of counsel for our good ; and therefore St. Paul does not bid kill him that disobeys ; nor beat, nor imprison, nor amerce him, which legislators may all do ; but avoid his company, that he may be ashamed : whereby it is evident it was not the empire of an apostle, but his reputation amongst the faithful, which the Christians stood in awe of. The last place is that of Heb. xiii. 17, " Obey your leaders, and submit yourselves to them ; for they watch for your souls, as they that must give account : " and here also is intended by obedience a following of their counsel. For the reason of our obedience is not drawn from the will and command of our pastors, but from our own benefit, as being the salvation of our souls they watcli for, and not for the exaltation of their own power and authority. If it were meant here, that all they teach were laws, then not only the Pope, but every pastor in his parish, should have legislative power. Again, they that are bound to obey tbeu: pastors, have no power to examine their commands. What then shall we say to St. John, who bids us (l Epistle iv. l), "Not to believe every spirit, but to try the spirits whether they are of God ; because many false prophets are gone out into the world ? " It is therefore manifest that we may dispute the doctrine of our pastors ; but no man can dispute a law. The commands of civil sove reigns are on all sides granted to be laws : if any else can make a law besides himself, all commonwealth, and consequently all peace and justice must cease ; which is contrary to all laws both divine and human. Nothing therefore can be drawn from these, or any other places of Scripture, to prove the decrees of the Pope, where he has not also the civil sovereignty, to be laws. The last point he would prove is this, " That our Saviour Christ has committed ecclesiastical jurisdiction immediately to none hut the Pope." Wherein he handleth not the question of supremacy between the Pope and Christian kings, but between the Pope and other bishops. And first, he says, it is agreed that the jurisdiction of bishops is at least in the general de jure divino, that is, in the right of God ; for which he alleges St. Paul (Eph. iv. 11), where he says that Christ, after His ascension into heaven, " gave gifts to men, some apostles, some prophets, and some evangelists, and some pastors, and some teachers ; " and thence infers they have indeed their jurisdiction in God's right j but will not grant they have it immediately from God, but derived through the Pope. But if a man may be said to have his jurisdiction de jure divino, and yet not immediately ; what lawful jurisdiction, though but civil, is there in a Christian commonwealth that is not also dc jure divino ? For Christian kings have their civil power from God immediately; and the magistrates under him exercise their several OF POWER ECCLESIASTICAL. 257 charges in virtue of his commission; wherein that which they do is no less dejure divino niediato, than that which the bishops do in virtue of the Pope's ordination. All lawful power is of God, immediately in the supreme governor, and mediately in those that have authority under him : so that either he must grant every constable in the state to hold his office in the right of God ; or he must not hold that any bishop holds his so, besides the Pope himself. But this whole dispute, whether Christ left the jurisdiction to the Pope only, or to other bishops also, if considered out of those places where the Pope has the civil sovereignty, is a contention de lana caprina : for none of them, where they are not sovereigns, has any jurisdiction at all. For juris- diction is the power of hearing and determining causes between man and man : and can belong to none but him that hath the power to prescribe the rules of right and wrong ; that is, to make laws ; and with the sword of justice to compel men to obey his decisions, pronounced either by himself or by the judges he ordaineth thereto ; which none can lawfully do but the civil sovereign. Therefore when he allegeth out of chapter vi. of Luke, that our Saviour called His disciples together, and chose twelve of them, which He named apostles, he proveth that He elected them (all, except Matthias, Paul, and Barnabas), and gave them power and command to preach, but not to judge of causes between man and man : for that is a power which He refused to take upon himself, saying, " Who made me a judge, or a divider, amongst you?" and in another place, "My kingdom is not of this world." But he that hath not the power to hear and determine causes between man and man, cannot be said to have any jurisdiction at all. And yet this hinders not, but that our Saviour gave them power to preach and baptize in all parts of the world, supposing they were not by their own lawful sovereign forbidden : for to our own sovereigns Christ himself, and His apostles, have in sundry places expressly commanded us in all things to be obedient. The arguments by which he would prove that bishops receive their juris- diction from the Pope (seeing the Pope in the dominions of other princes hath no jurisdiction himself) are all in vain. Yet because they prove, on the contrary, that all bishops receive jurisdiction, when they have it, from their civil sovereigns, I will not omit the recital of them. The first is from chapter xi. of Numbers, where Moses not being able alone to undergo the whole burthen of administering the affairs of the people of Israel, God commanded him to choose seventy elder.', and took part of the spirit of Moses to put it upon those seventy elders : by which is under- <'.>tood, not that God weakened the spirit of Moses ; for that had not eased him at all ; but that they had all of them their authority from him , wherein he doth truly and ingenuously interpret that place. But seeing Moses had the entire sovereignty in the commonwealth of the Jews, it is manifest that it is thereby signified that they had their authority from the civil sovereign : and therefore that place proveth that bishops in every Christian common- wealth have tlieir authority from the civil sovereign ; and from the Pope in his own territories only, and not in the territories of any other state. The second argument, is from the nature of monarchy ; wherein all authority is in one man, and in others by derivation from him. But the government of the Church, he says, is monarchical. This also makes for Christian monarchs. For they are really monarchs of their own people ; that is, of their own Church ; for the Church is the same thing with a Christian people ; whereas the power of the Pope, though he were St. Peter, is neither monarchy, nor hath anything of "archical," nor "cratical," but only of "didactical;" for God accepteth not a forced, but a willing pbedience. , ■ I 258 OF A CHRISTIAN COMMONWEALTH. The third is from that the "see " of St. Peter is called by St. Cyprian, the "head," the "source," the "root," the "sun," from whence the authority of bishops is derived. But by the law of Nature, which is a better principle of right and wrong than the word of aiiy doctor that i^ but a man, the civil sovereign in every commonwealth is the "head, the "source," the "root," and the "sun," from which all jurisdiction 13 de- rived. And therefore the jurisdiction of bishops is derived from the civil sovereign. The fourth is taken from the inequality of their junsdictions. For if God, saith he, had given it them immediately. He had given as well equality of jurisdiction as of order ; but we see, some are bishops but of one town, some of a hundred towns, and some of many whole provinces ; vifhich differences were not determined by the command of God. Their jurisdic- tion therefore is not of God, but of man ; and one has a greater, another a less, as it pleaseththe Prince of the Church. Which argument, if lie had proved before, that the Pope had an universal jurisdiction over all Christians, had been for his purpose. But seeing that hath not been proved, and that it is notoriously known, the large jurisdiction of the Pope was given him by those that had it, that is, by the emperors of Rome (for the patriarch of Constantinople, upon the same title, namely, of being bishop of the capital city of the empire, and seat of the emperor, claimed to be equal to him), it foUoweth, that all other bishops have their jurisdiction from the sovereigns of the place wherein they exercise the same. And as for that cause they have not their authority de jure divino ; so neither hath the Pope his de jure divino, except only where he is also the civil sovereign. His fifth argument is this: " If bishops have their jurisdiction imme- diately from God, the Pope could not take it from them, for he can do nothing contrary to God's ordination," and this consequence is good, and well proved. " But," saith he, " the Pope can do this, and has done it." This-also is granted, so he do it in his own dominions, or in the dominions of any other prince that hath given him that power ; but not universally in right of the popedom, for that power belongeth to every Christian sove- reign within the bounds of his own empire, and is inseparable from the sovereignty. Before the people of Israel had, by the commandment of God to Samuel, set over themselves a king, after the manner of other nations, the high priest had the civil government, and none but he could make or depose an inferior priest. But that power was afterwards in the king, as may be proved by this same argument of Bellarmine ; for if the priest be the high priest, or any other had his jurisdiction immediately from God, then the king could not take it from him, "for he could do nothing con- trary to God's ordinance." But it is certain that king Solomon (i Kings ii. 26, 27) deprived Abiathar the high priest of his office, and placed Zadok (verse 35) in his room. Kings therefore may in like manner ordain and deprive bishops, as they shall think fit for the well-governing of their subjects. His sixth argument is this : if bishops have their jurisdiction de jure divino, that is, "immediately from God," they that maintain it should bring some word of God to prove it ; but they can bring none. The argument is good ; I have therefore nothing to say against it. But it is an argument no less good to prove the Pope himself to have no jurisdiction in the dominipn of any other prince. Lastly, he bringeth for argument the testimony of two popes. Innocent and Leo ; and I doubt not he might have alleged with as good reason, the testimonies of all the popes almost since St. Peter. For considering the love of power naturally implanted in mankind, whosoever were made Pope he would be tempted to nphold the same opinion. Nevertheless, they OF POWER ECCLESIASTICAL. 259 should therein but do, as Innocent and Leo did, bear witness of tliemselve?, and therefore their witness should not be good. In the fifth book he hath four conclusions. The first is, "that the Pope is not lord of all the world ; " the second, " that the Pope is not the lord of all tlie Christian world ; " the third, " that the Pope without his own territory, has not any temporal jurisdiction ' directly.' " These three con- clusions are easily granted. The fourth is, "that the Pope has, in the dominions of other princes, the supreme temporal power ' indirectly,' " which is denied ; unless he mean by "indirectly," that he has gotten it by indirect means, then is that also granted. But I understand that when he saith he liath it "indirectly," he means that such temporal jurisdiction belongeth to him of right, but that this right is but a consequence of his pastoral authority, the which he could not exercise unless he have the other with it ; and therefore to the pastoral power, which he calls spiritual, the supreme power civil is necessarily annexed ; and that thereby he hath a right to change kingdoms, giving them to one and taking them from another, when he shall think it conduces to the salvation of souls. Before I come to consider the arguments by which he would prove this doctrine, it will not be amiss to lay open the consequences of it ; that princes and states that have the civil sovereignty in their several common- wealths may bethink themselves, whether it be convenient for them, and conducing to the good of their subjects, of whom they are to give an ac- count at the day of judgment, to admit the same. When it is said the Pope hath not, in the territories of other states, the supreme civil power "directly," we are to understand he doth not challenge it, as other civil sovereigns do, from the original submission thereto of those that are to be governed. For it is evident, and has already been sufficiently in this treatise demonstrated, that the right of all sovereigns is derived originally from the consent of every one of those that are to be governed ; whether they that choose him do it for their common defence against an enemy, as when they agree amongst themselves to appoint a man or an assembly of men to protect them ; or whether they do it to save their lives, by submission to a conquering enemy. The Pope therefore when he dis- daimeth the supreme civil power over other states " directly," denieth no more, but that his right cometh to him by that way ; he ceaseth not for all that to claim it another way, and that is, without the consent of them that are to be governed, by a right given him by God, which he calleth "indirectly" in his assumption to the papacy. But by what way soever he pretend, the power is the same ; and he may, if it be granted to be his light, depose princes and states as often as it is for the salvation of soUls, that is, as often as he will : for he claimeth also the sole power to judge whether it be to the salvation of men's souls or not. And this is the doctrine not only that Bellarmine here, and many other doctors teach in their sermons and books, but also that some councils have decreed, and the Popes have accordingly, when the occasion hath served them, put in practice. For the fourtli council of Lateran, held under Pope Innocent the Third, in the third chapter De Hcereticis, hath this canon: " If a king, at the Pope's admonition, do not purge his kingdom of heretics, and being excommuni- cate for the same, make not satisfaction within a year, his subjects are absolved of their obedience." And the practice hereof hath been seen on divers occasions ; as in the deposing of Chilperic, king of France ; in the translation of the Roman empire to Charlemagne; in the oppression of Tohn, king of England ; in transferring the kingdom of Navarre ; and of ate years, in the league against Henry the Third of France, and in many more occurrences. I think there be few princes that consider not this as. unjust and inconvenient ; but I wish they would all resolve to be kings or 13 I 26o OF A CHRISTIAN COMMONWEALTH. subjects. Men cannot serve two masters. They ought therefore to ease them, either by holding the reins of government wholly in their own hands ; or by wholly delivering them into the hands of the Pope ; that such men as are willing to be obedient, may be protected in their obedience. For this distinction of temporal and spiritual power is but words. Power is as really divided and as dangerously to all purposes, by sharing with another "indirect" power, as with a "direct" one. But to come now to his arguments. The first is this, "The civil power is subject to the spiritual: therefore he that hath the supreme power spiritual, hath right to command temporal princes, and dispose of their temporals in order to the spiritual." As for the distinction of temporal and spiritual, let us consider in what sense it may be said intelligibly, that the temporal or civil power is subject to the spiritual. There be but two ways that those words can be made sense. For when we say, one power is subject to another power, the meaning either is, that he which hath the one, is subject to him that hath the other ; or that the one power is to the other, as the means to the end. For we cannot understand that one power hath power over another power ; or that one power can have right or command over another. For subjection, com- mand, right, and power, are accidents, not of powers, but of persons. One power may be subordinate to another, as the art of a saddler to the art of a rider. If then it be granted, that the civil government be ordained as a means to bring us to a spiritual felicity ; yet it does not follow, that if a king have the civil power, and the Pope the spiritual, tliat therefore the king is bound to obey the Pope, more than every saddler is bound to obey every rider. Therefore as from subordination of an art, cannot be inferred the subjection of the professor ; so from the subordination of a govern- ment cannot be inferred the subjection of the governor. When there- fore he saith, the civil power is subject to the spiritual, his meaning is, that the civil sovereign is subject to the spiritual sovereign. And the argu- ment stands thus, " The civil sovereign is subject to the spiritual ; therefore the spiritual prince may command temporal princes. " Where the conclusion is the same with the antecedent he should have proved. But to prove it, he allegeth first, this reason : " Kings and Popes, clergy and laity, make but one commonwealth ; that is to say, but one Church : and in all bodies the members depend one upon another : but things spiritual depend not on things temporal : therefore temporal depend on spiritual, and therefore are subject to them." In which argumentation there be two gross errors : one is, that all Christian kings, popes, clergy, and all other' Christian men, make but one commonwealth. For it is evident that France is one coni- moiiwealth, Spain another, and Venice a third, &c. And these consist of Christians ; and therefore also are several bodies of Christians ; that is to say, several Churches : and their several sovereigns represent them, whereby they are capable of commanding and obeying, of doing and suffering, as a natural man ; which no general or universal Church is, till it have a repre- sentant ; which it hath not on earth : for if it had, there is no doubt but that all Christendom were one commonwealth, whose sovereign were that representant, both in things spiritual and temporal. And the Pope, to make himself this representant, wauteth three things that our Saviour hath not given him, to "command," and to "judge," and to "punish," other- wise than, by excommunication, to run from those that will not learn of him. For though the Pope were Christ's only vicar, yet he cannot exercise his government, till our Saviour's second coming : and then also it is not the Pope, but St. Peter himself with the other apostles, that are to be jud<'es of the world. ° The other error in this his first argument is, that he says, the members of OF POWER ECCLESIASTICAL. 261 every commonwealth, as of a natural body, depend one of another. It is trae, they cohere together, but they depend only on the sovereign, which is the soul of the commonwealth ; which failing, the commonwealth is dis- solved into a civil war, no one man so much as cohering to another for want of a common dependence on a known sovereign ; just as the members of the natural body dissolve into earth for want of a soul to hold them together. Therefore there is nothing in this similitude from whence-to infer a dependence of the laity on the clergy, or of the temporal officers on the spiritual ; but of both on the civil sovereign ; which ought indeed to direct his civil commands to the salvation of souls ; but is not therefore subject to any but God himself. And thus you see the laboured fallacy of the first argument to deceive such men as distinguish not between the subordination of actions in the way to the end ; and the subjection of persons one to another in the administration of the means. For to every end the means are determined by Nature, or by God himself supernaturally ; but the power to make men use the means is in every nation resigned by the law of Nature, which forbiddeth men to violate their faith given to the civil sovereign. His second argument is this : " Every commonwealth, because it is sup- posed to be perfect and sufficient in itself, may command any other commonwealth not subject to it, and force it to change the administration of the government ; nay, depose the prince, and set another in his room, if it cannot otherwise defend itself against the injuries he goes about to do them : much more may a spiritual commonwealth command a temporal one to change the administraiion of their government, and may depose princes, and institute others, when they cannot otherwise defend the spiritual good." That a commonwealth, to defend itself against injuries, may lawfully do all that he hath here said, is very true ; and hath already in that which hath gone before been sufficiently demonstrated. And if it were also true, that there is now in this world a spiritual commonwealth, distinct from a civil commonwealth, then might the prince thereof, upon injury done him, or upon want of caution that injury be not done him in time to come, repair and secure himself by war ; which is, in sum, deposing, killing, or subduing, or doing any act of hostility. But by the same reason, it would be no less lawful for a civil sovereign, upon the like injuries done, or feared, to make war upon the spiritual sovereign ; which I believe is more than Cardinal Uellarmine would have inferred from his own proposition. But spiritual commonwealth there is none in this world : for it is the same thing with the kingdom of Christ, which He himself saith is not of this world ; but shall be in the next world at the resurrection, when they that have lived justly, and believed that He was the Christ shall, though they died " natural " bodies, rise ' ' spiritual " bodies : and then it is that our ■Saviour shall judge the world, and conquer His adversaries, and make a spiritual commonwealth. In the meantime, seeing there are no men on earth whose bodies are spiritual, there can be no spiritual commonwealth amongst men that are yet in the flesh ; unless we call preachers, that have commission to teach, and prepare men for their reception into the kingdom of Christ at the resurrection, a commonwealth ; which I have proved already to be none. The third argument is this: " It is not lawful for Christians to tolerate an infidel or heretical king, in case he endeavour to draw them to his heresy or infidelity. But to judge whether a king draw his subjects to heresy or not belongeth to the Pope. Therefore hath the Pope right to determine whether the prince be to be deposed or not deposed." To this I answer, that both these assertions are false. For Christians, or men of what religion soever, if they tolerate not their king, whatsoever law 262 OF A CHRISTIAN COMMONWEALTH. he makctli, though it be concerning religion, do violate their faith, contrary to the divine lavi^, both " natural " and " positive : " nor is there any judge of heresy amongst subjects, but their own civil sovereign. For " heresy is nothing else but a private opinion obstinately maintained, contrary to the opinion which the public person, that is to say, the representant of the com- monwealth, hath commanded to be taught." By which it is manifest, that an opinion publicly appointed to be taught, cannot be heresy ; nor the sovereign princes that authorize them, heretics. For heretics are none but private men, that stubbornly defend some doctrine prohibited by their lawful sovereigns. But to prove that Christians are not to tolerate infidel or heretical kings, he allegeth a place in Deut. xvii. 15, where God forbiddeth the Jews, when they shall set a king over themselves, to choose a stranger : and from thence inferreth that it is unlawful fj of the late civil war, in the public quarrel, by an undis- cerned and an undiscerning hand. To the Laws of Nature, declared in chapter xv., I would have this added, "that every man is bound by Nature as much as in him lieth, to protect in war the authority by which he is himself protected in time of peace." For he that pretendeth a right of Nature to preserve his own body, cannot pretend a right of Nature to destroy him, by whose strength he is preserved : it is a manifest contradiction df himself. And though this law may be drawn by consequence, from some of those that are there already mentioned ; yet the times require to have it inculcated, and re- membered. And because I find by divers English books lately printed, that the civil wars have not yet sufficiently taught men in what point of time it is, that a subject becomes obliged to the conqueror ; nor what is conquest; nor how it comes about, that it obliges men to obey his laws : therefore for further satisfaction of men therein, I say, the point of time, wherein a man be- comes subject to a conqueror, is that point, wherein having liberty to submit to him, he conaaateth, either by express words, or by other suffi- cient sign, to be his subject. When it is that a man hath the liberty to submit, I have showed before in the end of chapter xxi. ; namely, that for him that hath no obligation to his former sovereign but that of an ordinary subject, it is then, when the means of his life are within the guards and gar- risons of the enemy ; for it is then that he hath no longer protection from him, but is protected by the adverse party for his contribution. Seeing therefore such contribution is everywhere, as a thing inevitable, notwith- standing it be an assistance to the enemy, esteemed lawful ; a total submis- .sion, which is but an assistance to the enemy, cannot be esteemed unlawful. Besides, if a man consider that they who submit, assist the enemy but with part cf their estates, whereas they that refuse, assist him with the whole, there is no reason to call their submission, or composition, an assistance ; but rather a detriment to the enemy. But if a man, besides the obligation of a subject, hath taken upon him a new obligation of a soldier, then he hath not the liberty to submit to a new power, as long as the old one keeps the field, and giveth him means of subsistence, either in his armies, or garrisons : for in this case, he cannot complain of want of protection and means to live as a soldier. But when that also fails, a soldier also may seek his protection wheresoever he has most hope to have it ; and may lawfully submit himself to his new master. And so much for the time when he may do it lawfully, if he will. If therefore he do it, he is un- doubtedly bound to be a true subject : for a contract lawfully made, cannot lawfully be broken. By this also a man may understand, when it is, that men may be said to be conquered ; and in what the nature of conquest, and the right of a con- queror consisteth : for this submission in itself implieth them all. Conquest, is not the victory itself; but the acquisition, by victory, of a right over the persons of men. He therefore that is slain, is overcome, but not conquered : he that is taken and put into prison or chains, is not conquered, though overcome ; for he is still an enemy, and may save himself if he can : but he that upon promise of obedience hath his life and liberty allowed him, is then conquered, and a subject ; and not before. The Romans used to say that their general had "pacified" such a "province," that is to say, in English, "conquered" it; and that the country was "pacified" by victory, when the people of it had promised emperata facer^e, that is, " to do what the Roman people commanded them :" this was .to be conquered. But this promise may be either express or tacit : express, <.by promise : tacit, by other signs. As for example, a man that hath not been called to AND CONCLUSION. 317 make such an express promise, because he is one whose power periiaps is not considerable ; yet if he live under their protection openly, he is under- stood to submit himself to the government : but if he live there secretly, he is hable to anything that may be done to a spy and enemy of the state. I say not he does any injustice ; for acts of open hostility bear not that name ; but that he may be justly put to death. Likewise, if a man, when his country is conquered, be out of it, he is not conquered, nor subject : but if at his return he submit to the govemm^t, he is bound to obey it. So that " conquest," to define it, is the acquiring of the right of sovereignty by victory. Which right is acquired in the people's submission, by which they contract with the victor, promising obedience, for life and liberty. In chapter xxix. I have set down for one of the causes of the dissolutions of commonwealths, their imperfect generation, consisting in the want of an absolute and arbitrary legislative power; for want whereof the civil sovereign is fain to handle the sword of justice unconstantly, and as if it were too hot for him to hold. One reason whereof, which I have not there mentioned, is this, that they will all of them justify the war, by which their power was at first gotten, and whereon, as they think, their right dependeth, and not on the possession. As if, for example, the right of the kings of England did depend on the goodness of the cause of William the Conqueror, and upon their lineal and directest descent from him ; by which means there would perhaps be no tie of the subjects' obedience to their sovereign at this day in all the world : wherein, whilst they needlessly think to justify themselves, they justify all the successful rebellions that ambition shall at any time raise against them and their successors. There- fore I put down for one of the most effectual seeds of the death of any state, that the conquerors require not only a submission of men's actions to them for the future, but also an approbation of all their actions past ; when there is scarce a commonwealth in the world, whose beginnings can in conscience be .justified. And because the name of tyranny signifieth nothing more nor less than the name of sovereignty, be it in one or many men, saving that they that use the former word are understood to be angry with them they call tyrants ; I think the toleration of a professed hatred of tyranny, is a toleration of hatred to commonwealth in general, and another evil seed, not differing much from the former. For to the justification of the cause of a conqueror the reproach of the cause of the conquered, is for the most part necessary : but neither of them necessary for the obligation of the conquered. And thus much I have thought fit to say upon the review of the first and second part of this discourse. In chapter xxxv. I have sufficiently declared out of the Scripture, that in the commonwealth of the Jews, God himself was made the sovereign, by pact with the people ; who were therefore called His/' peculiar people," to distinguish them from the rest of the world, over whom God reigned not by their consent, but by His own power : and that in this kingdom Moses was God's lieutenant on earth ; and that it was he that told them what laws God appointed them to be ruled by. But I have omitted to set down who were the officers appointed to do execution ; especially in capital punish- ments ; not then thinking it a matter of so necessary consideration, as I find it since. We know that generally in all commonwealths, the execution of corporal punishments, was either put upon the guards, or other soldiers of the sovereign power ; or given to those, in whom want of means, con- tempt of honour, and hardness of heart, concurred, to make them sue for such an office. But ampngst the Israelites it was a positive law of God their sovereign, that he that was convicted of a capital crime, should be 3i8 A REVIEW, 1 stoned to death by the people; and that the witnesses shoul- • -.vrthe first stone, and after the witnesses, then the rest of the people. Tnis was a law that designed who were to be the executioners ; but not that any 6ne should thro\* a stone at him before conviction and sentence, where tlie congrega- tion was judge. The witnesses were nevertheless to be heard before tliey proceeded lo execution, unless the fact were committed in the presence of the congregation itself, or in sight of the lawful judges ; for then there needed no other witnesses but the judges themselves. Nevertheless, this manner of proceeding being not thoroughly understood, hath given occasion to a dangerous opinion, that any man may kill another, in some cases, by a right of zeal ; as if the executions done upon offenders in the kingdom of God in old time, proceeded not from the sovereign command, but from the authority of private zeal : which, if we consider the texts that seem to favour it, is quite contrary. First, where the Levites fell upon the people, that had made and wor- shipped the golden calf, and slew three thousand of them ; it was by the commandment of Moses, from the mouth of God ; as is manifest, Exod. xxxii. 27. And when the son of a woman of Israel had blasphemed God, they that heard it, did not kill him, but brought him before Moses, who put him under custody, till God should give sentence against him ; as appears, Levit. xxiv. 11, 12. Again (Numb. xxv. 6, 7), when Phinehas, killed Zimri and Cosbi, it was not by right of private zeal : their crime was committed in the sight of the asiembly ; there needed no witness ; the law was known, and he the heir-apparent to the sovereignty; and, which is the principal point, the lawfulness of his act depended wholly upon a subsequent ratification by Moses, whereof he had no cause to doubt. And tliis presumption of a future ratification, is some- times necessary to the safety of a commonwealth ; as in a sudden rebellion, any man that can suppress it by his own power in the country where it begins, without express law or commission, may lawfully do it, and provide to have it ratified or pardoned, whilst it is in doing, or after it is done. Also (Numb. xxxv. 30), it is expressly said, " Whosoever shall kill the murderer, shall kill him upon the word of witnesses :" but witnesses^ suppose a formal judicature, and coiLsequently condemn that pretence of jus zelotarum. The law of Moses concerning him that enticeth to idolatry,; that is to say, in the kingdom of God to a renouncing of his allegiance' (Deut. xiii. 8,9), forbids to conceal him, and commands the accuser to cause him to be put to death, and to cast the first stone at him ; but not to kill_ him before he be condemned. And (Deut. xvii. 4, 5, 6, 7) the process against idolatry is exactly set down ; for God there speaketh to the people, ■ as judge, and commandeth them, when a man is accused of idol .try, to: inquire diligently of the fact, and finding it true, then to stone him ; but still the hand of the witness throweth the first stone. This is not private zeal, but public condemnation. In like manner, when a father hath a re- bellious son, the law is (Deut. xxi. 18-21), that he shall bring him before the judges of the town, and all the people of the town shall stone him. Lastly, by pretence of these laws it was that St. Stephen was stoned, andi not by pretence of private zeal : for before he was carried away to execution' he had pleaded his cause before the high priest. There is nothing in alt. this, nor in any other part of the Bible, to countenance executions byf private zeal ; which being oftentimes but a conjunction of ignorance andi passion, is against both the justice and peace of a commonwealth. In chapter xxxvi. I have said that it is not declared in what manner} God spake supematurally to Moses: nor that He spake not to him some} times by dreams and visions, and by a supernatural voice, as to othen prophe;*!' for the manner how He spake unto him from the mercy-seat, isj AJSU CONCLUSION, 319 expressly set down (Numb. vii. 89) in these words: " From that time for- ward, when Moses entered into the tabernacle of the congregation to speak with Gcd, he heard a voice which spake unto him from over the mercy- seat, which is over the ark of the testimony ; from between the cherubims He spake unto him." But it is not declared i:i what consisteth the pre- eminence of the manner of God's speaking to Moses, above that of His speaking to other prophets, as to Samuel and to Abraham, to whom He also spake by a voice (that i.=, by vision), unless the difference consist in the clearness of the vision. For "face to face," and "mouth to mouth," cannot be litei ally understood of the infiniteness and incomprehensibility of the Divine nature. And as to the whole doctrine, I see not yet, but the principles of it are true and proper, and the ratiocination solid. For I ground the civil right of sovereigns, and both the duty and liberty of subjects, upon the known natural inclinations of mankind, and upon the articles of the law of Nature ; of which no man, that pretends but reason enough to govern his private family, ought to be ignorant. And for the power ecclesiastical of the same sovereigns, I ground it on such texts as are both evident in themselves and consonant to the scope of the whole Scripture. And thererore am per- suaded, that he that shall read it with a purpose only to be informed, shall be informed by it. But for those that by writing, or public discourse, or by their eminent actions, have already engaged themselves to the main- taining of contrary opinions, they will not be so easily satisfied. For in such cases, it is natural for men, at one and the same time, both to proceed in reading, and to lose their attention, in the search of objections to that they had read before. Of which in a time wherein the interests of men are changed (seeing much of that doctrine which serveth to the establishing of a new government, must needs be contrary to that which conduced to the dissolution of the old), there cannot choose but be very many. In that part which treateth of a Christian commonwealth there are some new doctrines which, it may be, in a state where the contrary were already fully determined, were a fault for a subject without leave to divulge, as being an usurpation of the place of a teacher. But in this time, that men call not only for peace, but also for truth, to offer such doctrines as I think true, and that manifestly tend to peace and loyalty, to the consideration of those that are yet in deliberation, is no more but to offer new wine to be put into new casks, that both may be preserved together. And I suppose, that then, when novelty can breed no trouble nor disorder in a state, men are not generally so much inclined to the reverence of antiquity, as to prefer ancient^" errors before new and well-proved truth. -^ Th^fe is nothing I distrust more than my elocution, which nevertheless . I am confident, excepting the mischances of the press, is not obscure. That 1 have neglected the ornament of quoting ancient poets, orators, and philosophers, contrary to the custom of late time, whether I have done well or ill in it, proceedeth from my judgment, grounded on many reasons. For [, first, all truth of doctrine dependeth either upon " reason " or upon , Scripture, both which give credit to many, but ntver receive it from any ^writer. Secondly, the matters in question are not of " fact,"but of " right," wherein Ihere is no place for "witnesses." There is scarce any of those .^old writers, that contradicteth not sometimes both himself and others ; ,f which makes their testimonies insufficient. Fourthly, such opinions as are taken only upon credit of antiquity, are not intrinsically the judgment of ^ those that cite them, but words that pass, like gaping, from mouth to mouth. Fifthly, it is many times with a fraudulent design that men stick their - corrupt doctrine with the cloves of other men's wit. Sixthly, I find not that - the ancients they cite took it for an ornament, to do the like with those 32(5 A RE VIE l^, AND CONCLUSION. that wrote before them. Seventhly, it is an argument of indigestion, when Greek and Latin sentences unchewed come up again, as. they use to do, un- changed. Lastly, though I reverence those men of ancient time, that either have written truth perspicuously, or set us in a better way to.find it o"t our- selves : yet to the antiquity itself I think nothing due. For if we i.ill re- verence the age, the present is the oldest. If the antiquity of the writer, I am not sure, that generally they to whom such honour is given, were more ancient when they wrote than I am that am writing. But if it be well con- sidered, the praise of ancient authors proceeds not from the reverence of the dead, but from the competition and mutual envy of the living. To conclude, there is nothing in this whole discourse, nor in that I writ before of the same subject in Latin, as far as I can perceive, contrary either to the Word of God, or to good manners ; or to the disturbance of the public tranquillity. Therefore I think it may be profitably printed, and more profitably taught in the universities, in case they also think so, to whom the judgment of the same belongeth. For seeing the universities are the fountains of civil and moral doctrine, from whence the preachers and the gentry, drawing such water as they find, use to sprinkle the same (both from the pulpit and in their conversation) upon the people, there ought certainly to be great care taken to have it pure, both from the venom o{ heathen politicians, and from the incantation of deceiving spirits. And by that means the most men, knowing their duties, will be the less subject to serve the ambition of a few discontented persons in their purposes against the state, and be the less grieved with the contributions necessary for their peace and defence ; and the governors themselves have the less cause to maintain at the common charge any greater army than is necessary to make good the public liberty against the invasions and encroachments of foreign enemies. And thus I have brought to an end my Discourse of Civil and Eccle- siastical Government, occasioned by the disorders of the present time, without partiality, without application, and without other design than to set before men's eyes the mutual relation between protection and obedience ; of which the condition of human nature and the laws divine, both natural and positive, require an inviolable observation. And though in the revolution of states there can be no very good constellation for truths of this nature to be bom under (as having an angry aspect from the dissolvers of an old government, and seeing but the backs of them that erect a new), yet I cannot think it will be condemned at this time either by the public judge of doctrine, or by any that desires the continuance of public peace. And in this hope I return to my interrupted speculation of bodies natural, wherein, if God give me health to finish it, I hope the novelty will as much please, as in the doctrine of this artificial body it useth to offend. For such truth as opposeth no man's profit nor pleasure is to all men welcome. PRINTED BV BALLANTVNE, HANSOM AND C0« LONDON AND EDINBUKGK