13. The sum of these rights of sovereignty; namely, the absolute use

of the sword in peace and war, the making and abrogating of laws,

_supreme judicature, and decision_, in all debates judicial and

deliberative, the nomination of all magistrates and ministers, with

other rights contained in the same, make the sovereign power no less

absolute in the commonwealth, than before commonwealth every man was

absolute in himself, to do, or not to do, what he thought good;

which men, that have not had the experience of that miserable

estate, to which men are reduced by long war, think so hard a

condition, that they cannot easily acknowledge such covenants, and

subjection on their parts, as are here set down, to have been ever

necessary to their peace. And therefore some have imagined, that a

commonwealth may be constituted in such manner, as the sovereign

power may be so limited, and moderated, as they shall think fit

themselves. For example: they suppose a multitude of men to have

agreed upon certain articles, which they presently call laws,

declaring how they will be governed, and that done, to agree further

upon some man, or number of men, to see the same articles performed,

and put in execution; and to enable him, or them, thereunto, they

allot unto them a provision limited, as of certain lands, taxes,

penalties, and the like, than which, if mispent, they shall have no

more, without a new consent of the same men that allowed the former.

And thus they think they have made a commonwealth, in which it is

unlawful for any private man to make use of his own sword for his

security; wherein they deceive themselves.

[Sidenote: The same refelled.]

14. For first, if to the revenue, it did necessarily follow, that

there might be forces raised and procured at the will of him that

hath such revenue; yet since the revenue is limited, so must also

the forces: but limited forces against the power of an enemy, which

we cannot limit, are unsufficient. Whensoever therefore there

happeneth an invasion greater than those forces are able to resist,

and there be no other right to levy more, then is every man, by

necessity of nature, allowed to make the best provision he can for

himself; and thus is the private sword, and the estate of war again

reduced. But seeing revenue, without the right of commanding men, is

of no use, neither in peace, nor war, it is necessary to be

supposed, that he that hath the administration of those articles,

which are in the former section supposed, must have also right to

make use of the strengths of particular men. And what reason soever

giveth him that right over any one, giveth him the same over all.

And then is his right absolute. For he that hath right to all their

forces, hath right to dispose of the same. Again, supposing those

limited forces and revenue, either by the necessary, or negligent

use of them, to fail, and that for a supply, the same multitude be

again to be assembled, who shall have power to assemble them, that

is to compel them to come together? If he that demandeth the supply

hath that right, to wit, the right to compel them all, then is his

sovereignty absolute; if not, then is every particular man at

liberty to come or not; to frame a new commonwealth, or not, and so

the right of the private sword returneth. But suppose them

willingly, and of their own accord, assembled to consider of this

supply, if now it be still in their choice, whether they shall give

it, or not, it is also in their choice, whether the commonwealth

shall stand or not. And therefore there lieth not upon any of them

any civil obligation that may hinder them from using force, in case

they think it tend to their defence. This device therefore of them

that will make civil laws first, and then a civil body afterwards,

(as if policy made a body politic, and not a body politic made

policy) is of no effect.

[Sidenote: Mixed forms of government supposed in sovereignty.]

15. Others, to avoid the hard condition, as they take it, of

absolute subjection, which, in hatred thereto, they also call

slavery, have devised a government, as they think, mixed of the

three sorts of sovereignty. As for example: they suppose the power

of making laws, given to some great assembly democratical, the power

of judicature to some other assembly, and the administration of the

laws to a third, or to some one man; and this policy they call mixed

monarchy, or mixed aristocracy, or mixed democracy, according as any

of these three sorts do most visibly predominate. And in this estate

of government, they think the use of the private sword excluded.

[Sidenote: That refelled.]

16. And supposing it were so, how were this condition, which they

call _slavery_, eased thereby. For in this estate they would have no

man allowed, either to be his own judge, or own carver, or to make

any laws unto himself; and as long as these three agree, they are as

absolutely subject to them, as is a child to the father, or a slave

to the master, in the state of nature. The ease therefore of this

subjection, must consist in the disagreement of those amongst whom

they have distributed the rights of sovereign power. But the same

disagreement is war. The division therefore of the sovereignty,

either worketh no effect to the taking away of simple subjection, or

introduceth war, wherein the private sword hath place again. But the

truth is, as hath been already showed in the seventh, eighth, ninth,

tenth, eleventh, and twelfth precedent sections, the sovereignty is

indivisible. And that seeming mixture of several kinds of

government, is not mixture of the things themselves, but confusion

in our understandings, that cannot find out readily to whom we have

subjected ourselves.

[Sidenote: Mixed government, &c.]

17. But though the sovereignty be not mixed, but be always either

simple democracy, or simple aristocracy, or pure monarchy,

nevertheless in the administration thereof, all those sorts of

government may have place subordinate. For suppose the sovereign

power be democracy, as it was sometimes in Rome, yet at the same

time they may have a council aristocratical, such as was the senate;

and at the same time they may have a subordinate monarch, such as

was their dictator, who had, for a time, the exercise of the whole

sovereignty, and such as are all generals in war. So also in

monarchy there may be a council aristocratical of men, chosen by the

monarch; or democratical of men, chosen by the consent, the monarch

permitting, of all the particular men of the commonwealth. And this

mixture is it that imposeth, as if it were the mixture of

sovereignty. As if a man should think, because the great council of

Venice doth nothing ordinarily but choose magistrates, ministers of

state, captains, and governors of towns, ambassadors, counsellors,

and the like, that therefore their part of the sovereignty is only

choosing of magistrates; and that the making of war, and peace, and

laws, were not theirs, but the part of such counsellors as they

appointed thereto: whereas it is the part of _these_ to do it but

subordinately, the supreme authority thereof being in the great

council that choose them.

[Sidenote: Reason and experience to prove absolute sovereignty

somewhere in all commonwealths.]

18. And as reason teacheth us, that a man, considered out of

subjection to laws, and out of all covenants obligatory to others,

is free to do and undo, and deliberate as long as he listeth, every

member being obedient to the will of the whole man, that liberty

being nothing else but his natural power, without which he is no

better than an inanimate creature, not able to help himself; so also

it teacheth us, that a body politic, of what kind soever, not

subject to another, nor obliged by covenants, ought to be free, and

in all actions to be assisted by the members, every one in their

place, or at least, not resisted by them. For otherwise, the power

of a body politic, the essence whereof is the not-resistance of the

members, is none, nor a body politic of any benefit. And the same is

confirmed by the use of all nations and commonwealths, wherein that

man or council, which is virtually the whole, hath any absolute

power over every particular member; or what nation or commonwealth

is there, that hath not power and right to constitute a general in

their wars? But the power of a general is absolute; and consequently

there was absolute power in the commonwealth, from whom it was

derived. For no person, natural or civil, can transfer unto another

more power than himself hath.

[Sidenote: Some principal, &c. marks of sovereignty.]

19. In every commonwealth, where particular men are deprived of

their right to protect themselves, there resideth an absolute

sovereignty, as I have already showed. But in what man, or in what

assembly of men the same is placed, is not so manifest, as not to

need some marks, whereby it may be discerned. And first, it is an

infallible mark of absolute sovereignty in a man, or in an assembly

of men, if there be no right in any other person, natural or civil,

to punish that man, or to dissolve that assembly. For he that cannot

of right be punished, cannot of right be resisted; and he that

cannot of right be resisted, hath coercive power over all the rest,

and thereby can frame and govern their actions at his pleasure,

which is absolute sovereignty. Contrariwise, he that in a

commonwealth is punishable by any, or that assembly that is

dissolvable, is not sovereign. For a greater power is always

required to punish and dissolve, than theirs who are punished or

dissolved; and that power cannot be called sovereign, than which

there is a greater. Secondly, that man or assembly, that by their

own right not derived from the present right of any other, may make

laws, or abrogate them at his or their pleasure, have the

sovereignty absolute. For seeing the laws they make, are supposed to

be made by right, the members of the commonwealth, to whom they are

made, are obliged to obey them, and consequently not resist the

execution of them; which not-resistance, maketh the power absolute

of him that ordaineth them. It is likewise a mark of this

sovereignty, to have the right original of appointing magistrates,

judges, counsellors, and ministers of state. For without that power,

no act of sovereignty, or government, can be performed. Lastly, and

generally, whosoever by his own authority independent, can do any

act, which another of the same commonwealth may not, must needs be

understood to have the sovereign power. For by nature men have equal

right. This inequality therefore must proceed from the power of the

commonwealth. He therefore that doth any act lawfully by his own

authority, which another may not, doth it by the power of the

commonwealth in himself, which is absolute sovereignty.

-------

CHAPTER II.

1. Democracy precedeth all other, &c. 2.. The sovereign people

covenanteth not with the subjects. 3. The sovereign, &c. cannot,

&c. do injury, &c. 4. The faults of the sovereign people, &c. 5.

Democracy, &c. an aristocracy of orators. 6. Aristocracy how

made. 7. The body of the _optimates_ not properly said to injure

the subjects. 8. The election of the _optimates_, &c. 9. An

elective king, &c. 10. A conditional king, &c. 11. The word

people equivocal. 12. Obedience discharged by release, &c. 13.

How such releases are to be understood. 14. Obedience discharged

by exile: 15. By conquest: 16. By ignorance of the right of

succession.

[Sidenote: Democracy precedeth all other, &c.]

1. Having spoken in general concerning instituted policy in the

former chapter, I come in this, to speak of the sorts thereof in

special, how every of them is instituted. The first in order of time

of these three sorts, is democracy; and it must be so of necessity,

because an aristocracy and a monarchy, require nomination of persons

agreed upon, which agreement in a great multitude of men, must

consist in the consent of the major part; and where the votes of the

major part involve the votes of the rest, there is actually a

democracy.

[Sidenote: The sovereign people covenanteth not with the subjects.]

2. In the making of a democracy, there passeth no covenant between

the sovereign, and any subject. For while the democracy is a making,

there is no sovereign with whom to contract. For it cannot be

imagined, that the multitude should contract with itself, or with

any one man, or number of men, parcel of itself, to make itself

sovereign; nor that a multitude, considered as one aggregate, can

give itself anything which before it had not. Seeing then that

sovereignty democratical is not conferred by the covenant of any

multitude, which supposeth union and sovereignty already made, it

resteth, that the same be conferred by the particular covenants of

every several man; that is to say, every man with every man, for and

in consideration of the benefit of his own peace and defence,

covenanteth to stand to and obey whatsoever the major part of their

whole number, or the major part of such a number of them, as shall

be pleased to assemble at a certain time and place, shall determine

and command. And this is that which giveth being to a democracy,

wherein the sovereign assembly was called of the Greeks, by the name

of _Demus_, that is, the people, from whence cometh democracy. So

that, where to the supreme and independent court, every man may come

that will, and give his vote, there the sovereign is called the

people.

[Sidenote: The sovereign, &c. cannot, &c. do injury, &c.]

3. Out of this that hath been said, may readily be drawn, that

whatsoever the people doth to any one particular member or subject

of the commonwealth, the same by him ought not to be styled injury.

For first, injury, by the definition, Part I. chap. III. sect. 2, is

breach of covenant; but covenants, as hath been said in the

precedent section, there passed none from the people to any private

man; and consequently it, to wit, the people, can do him no injury.

Secondly, how unjust soever the action be, that this sovereign

_demus_ shall do, is done by the will of every particular man

subject to him, who are therefore guilty of the same. If therefore

they style it _injury_, they but accuse themselves. And it is

against reason for the same man, both to do and complain; implying

this contradiction, that whereas he first ratified the people’s acts

in general, he now disalloweth the same of them in particular. It is

therefore said truly, _volenti non fit injuria_. Nevertheless

nothing doth hinder, but that divers actions done by the people, may

be unjust before God Almighty, as breaches of the laws of nature.

[Sidenote: The faults of the sovereign people, &c.]

4. And when it happeneth, that the people by plurality of voices,

decree or command anything contrary to the law of God or nature,

though the decree and command be the act of every man, not only

present in the assembly, but also absent from it; yet is not the

injustice of the decree, the injustice of every particular man, but

only of those men, by whose express suffrages, the decree or command

was passed. For a body politic, as it is a fictitious body, so are

the faculties and will thereof fictitious also. But to make a

particular man unjust, which consisteth of a body and soul natural,

there is required a natural and very will.

[Sidenote: Democracy, &c. an aristocracy of orators.]

5. In all democracies, though the right of sovereignty be in the

assembly, which is virtually the whole body; yet the use thereof is

always in one, or a few particular men. For in such great

assemblies, as those must be, whereinto every man may enter at his

pleasure, there is no means any ways to deliberate and give counsel

what to do, but by long and set orations, whereby to every man there

is more or less hope given, to incline and sway the assembly to

their own ends. In a multitude of speakers therefore, where always

either one is eminent alone, or a few being equal amongst

themselves, are eminent above the rest, that one or few must of

necessity sway the whole. Insomuch, that a democracy, in effect, is

no more than an aristocracy of orators, interrupted sometimes with

the temporary monarchy of one orator.

[Sidenote: Aristocracy how made.]

6. And seeing a democracy is by institution, the beginning both of

aristocracy and monarchy, we are to consider next, how aristocracy

is derived from it. When the particular members of the commonwealth

growing weary of attendance at public courts, as dwelling far off,

or being attentive to their private businesses, and withal,

displeased with the government of the people, assemble themselves to

make an aristocracy, there is no more required to the making thereof

but putting to the question one by one, the names of such men as it

shall consist of, and assenting to their election; and by plurality

of vote, to transfer that power, which before the people had, to the

number of men so named and chosen.

[Sidenote: The body of the _optimates_ not properly said to injure

the subjects.]

7. And from this manner of erecting an aristocracy, it is manifest,

that the few, or _optimates_, have entered into no covenant with any

of the particular members of the commonwealth, whereof they are

sovereign; and consequently cannot do any thing to any private man,

that can be called _injury_ to him, howsoever their act be wicked

before Almighty God, according to that which hath been said before,

section 3. Further, it is impossible, that the people, as one body

politic, should covenant with the aristocracy or _optimates_, on

whom they intend to transfer their sovereignty. For no sooner is the

aristocracy erected, but the democracy is annihilated, and the

covenants made unto them void.

[Sidenote: The election of the _optimates_, &c.]

8. In all aristocracies, the admission of such, as are from time to

time to have vote in the sovereign assembly, dependeth on the will

and decree of the present _optimates_. For they being the sovereign,

have the nomination, by the eleventh section of the former chapter,

of all magistrates, ministers, and counsellors of state whatsoever,

and may therefore choose either to make them elective, or

hereditary, at their pleasure.

[Sidenote: An elective king, &c.]

9. Out of the same democracy, the institution of a political monarch

proceedeth in the same manner, as did the institution of the

aristocracy, to wit, by a decree of the sovereign people, to pass

the sovereignty to one man named and approved by plurality of

suffrage. And if this sovereignty be truly and indeed transferred,

the estate or commonwealth is an absolute monarchy, wherein the

monarch is at liberty, to dispose as well of the succession, as of

the possession, and not an elective kingdom. For suppose a decree be

made first in this manner, that such a one shall have the

sovereignty for his life, and that afterward they will choose a-new.

In this case, the power of the people is dissolved, or not; if

dissolved, then after the death of him that is chosen, there is no

man bound to stand to the decrees of them that shall, as private

men, run together to make a new election; and consequently, if there

be any man, who by the advantage of the reign of him that is dead,

hath strength enough to hold the multitude in peace and obedience,

he may lawfully, or rather is by the law of nature obliged so to do:

if this power of the people were not dissolved at the choosing of

their king for life, then is the people sovereign still, and the

king a minister thereof only, but so, as to put the whole

sovereignty in execution; a great minister, but no otherwise for his

time, than a dictator was in Rome. In this case, at the death of him

that was chosen, they that meet for a new election, have no new, but

their old authority for the same. For they were the sovereign all

the time, as appeareth by the acts of those elective kings, that

have procured from the people, that their children might succeed

them. For it is to be understood, when a man receiveth any thing

from the authority of the people, he receiveth it not from the

people his subjects, but from the people his sovereign. And further,

though in the election of a king for his life, the people grant him

the exercise of their sovereignty for that time; yet if they see

cause, they may recall the same before the time. As a prince that

conferreth an office for life, may nevertheless, upon suspicion of

abuse thereof, recall it at his pleasure; inasmuch as offices that

require labour and care, are understood to pass from him that giveth

them, as _onera_, _burthens_, to them that have them; the recalling

whereof are therefore not _injury_, but _favour_. Nevertheless, if

in making an elective king, with intention to reserve the

sovereignty, they reserve not a power at certain known and

determined times and places to assemble themselves, the reservation

of their sovereignty is of no effect, inasmuch as no man is bound to

stand to the decrees and determinations of those that assemble

themselves without the sovereign authority.

[Sidenote: A conditional king, &c.]

10. In the former section is showed, that elective kings that

exercise their sovereignty for a time, which determines with their

life, either are subjects, or not sovereigns; and that it is, when

the people in election of them, reserve unto themselves the right of

assembling at certain times and places limited and made known; or

else absolute sovereigns, to dispose of the succession at their

pleasure, and that is, when the people in their election have

declared no time nor place of their meeting, or have left it to the

power of the elected king, to assemble and dissolve them at such

times, as he himself shall think good. There is another kind of

limitation of time, to him that shall be elected to use the

sovereign power, which whether it hath been practised anywhere, or

not, I know not, but it may be imagined, and hath been objected

against the rigour of sovereign power; and it is this, that the

people transfer their sovereignty upon conditions. As for example,

for so long as he shall observe such and such laws, as they then

prescribe him. And here as before in elected kings, the question is

to be made, whether in the electing of such a sovereign, they

reserved to themselves a right of assembling at times and places

limited and known, or not; if not, then is the sovereignty of the

people dissolved, and they have neither power to judge of the breach

of the conditions given him, nor to command any forces for the

deposing of him, whom on that condition they had set up, but are in

the estate of war amongst themselves, as they were before they made

themselves a democracy: and consequently, if he that is elected by

the advantage of the possession he hath of the public means, be able

to compel them to unity and obedience, he hath not only the right of

nature to warrant him, but the law of nature to oblige him

thereunto. But if in electing him, they reserved to themselves a

right of assembling, and appointed certain times and places to that

purpose, then are they sovereign still, and may call their

conditional king to account at their pleasure, and deprive him of

his government, if they judge he deserve it, either by breach of the

condition set him, or otherwise. For the sovereign power can by no

covenant with a subject be bound to continue him in the charge he

undergoeth by their command, as a burden imposed not particularly

for his good, but for the good of the sovereign people.

[Sidenote: The word people equivocal]

11. The controversies that arise concerning the right of the people,

proceed from the equivocation of the word. For the word people hath

a double signification. In one sense it signifieth only a number of

men, distinguished by the place of their habitation; as the _people_

of England, or the _people_ of France, which is no more, but the

multitude of those particular persons that inhabit those regions,

without consideration of any contracts or covenants amongst them, by

which any one of them is obliged to the rest. In another sense, it

signifieth a person civil, that is to say, either one man, or one

council, in the will whereof, is included and involved the will of

every one in particular. As for example, in this latter sense, the

lower house of parliament is all the commons, as long as they sit

there with authority and right thereto; but after they be dissolved,

though they remain, they be no more the people, nor the commons, but

only the aggregate, or multitude of the particular men there

sitting, how well soever they agree, or concur, in opinions amongst

themselves; whereupon, they that do not distinguish between these

two significations, do usually attribute such rights to a dissolved

multitude, as belong only to the people virtually contained in the

body of the commonwealth or sovereignty. And when a great number of

their own authority flock together in any nation, they usually give

them the name of the whole nation. In which sense they say the

people rebelleth, or the people demandeth, when it is no more than a

dissolved multitude, of which though any one man may be said to

demand or have right to something, yet the heap, or multitude,

cannot be said to demand or have right to anything. For where every

man hath his right distinct, there is nothing left for the multitude

to have right unto: and when the particulars say, this is mine, this

is thine, and this is his, and have shared all amongst them, there

can be nothing whereof the multitude can say, this is mine; nor are

they one body, as behoveth them to be, that demand anything under

the name of mine, or his: and when they say ours, every man is

understood to pretend in several, and not the multitude. On the

other side, when the multitude is united into a body politic, and

thereby are a people in the other signification, and their wills

virtually in the sovereign, there the rights and demands of the

particulars do cease; and he or they that have the sovereign power,

doth for them all, demand, and vindicate under the name of his, that

which before they called in the plural, theirs.

[Sidenote: Obedience discharged by release, &c.]

12. We have seen how particular men enter into subjection, by

transferring their rights; it followeth to consider, how such

subjection may be discharged. And first, if he or they that have the

sovereign power, shall relinquish the same voluntarily, there is no

doubt, but every man is again at liberty to obey, or not. Likewise,

if he or they retaining the sovereignty over the rest, do

nevertheless exempt some one or more, from their subjection, every

man so exempted, is discharged. For he or they to whom any man is

obliged, hath the power to release him.

[Sidenote: How such releases are to be understood.]

13. And here it is to be understood, that when he or they that have

the sovereign power, give such exemption, or privilege, to a

subject, as is not separable from the sovereignty, and nevertheless

directly retaineth the sovereign power, not knowing the consequence

of the privilege they grant, the person or persons exempted or

privileged, are not thereby released. For in contradictory

significations of the will (_Human Nature_, chap. XIII. sect. 9),

that which is directly signified, is to be understood for the will,

before that which is drawn from it by consequence.

[Sidenote: Obedience discharged by exile.]

14. Also exile perpetual, is a release of subjection, forasmuch, as

being out of the protection of the sovereignty that expelled him, he

hath no means of subsisting but from himself. Now every man may

lawfully defend himself, that hath no other defence; else there had

been no necessity that any man should enter into voluntary

subjection, as they do in commonwealths.

[Sidenote: By conquest.]

15. Likewise a man is released of his subjection by conquest. For

when it cometh to pass, that the power of a commonwealth is

overthrown, and any particular man thereby lying under the sword of

his enemy, yieldeth himself captive, he is thereby bound to serve

him that taketh him, and consequently discharged of his obligation

to the former. For no man can serve two masters.

[Sidenote: By ignorance of the right of succession.]

16. Lastly, ignorance of the succession dischargeth obedience. For

no man can be understood to be obliged to obey he knoweth not whom.

CHAPTER III.

1, 2. Titles to dominion: master and servant, &c. 3. Chains and

other, &c. Bonds, &c. Slave defined. 4. Servants have no

property against their lord, &c. 5. The master hath right to

alienate his servant. 6. The servant of the servant, &c. 7. How

servitude is discharged. 8. The middle lord, &c. 9. The title of

man, &c. over beasts.

[Sidenote: Titles to dominion; master and servant, &c.]

1. Having set forth in the two preceding chapters, the nature of a

commonwealth _institutive_ by the consent of many men together, I

come now to speak of dominion, or a body politic by acquisition,

which is commonly called a _patrimonial_ kingdom. But before I enter

thereinto, it is necessary to make known upon what title one man may

acquire right, that is to say, property or dominion, over the person

of another. For when one man hath dominion over another, there is a

little kingdom. And to be a king by acquisition, is nothing else,

but to have acquired a right or dominion over many.

2. Considering men therefore again in the state of nature, without

covenants or subjection one to another, as if they were but even now

all at once created male and female, there be three titles only, by

which one man may have right and dominion over another; whereof two

may take place presently, and those are, voluntary offer of

subjection, and yielding by compulsion: the third is to take place,

upon the supposition of children begotten amongst them. Concerning

the first of these three titles, it is handled before in the two

last chapters. For from thence cometh the right of sovereigns over

their subjects in a commonwealth institutive. Concerning the second

title, which is when a man submitteth to an assailant for fear of

death, thereby accrueth a right of dominion. For where every man, as

it happeneth in this case, hath right to all things, there needs no

more for the making of the said right effectual, but a covenant from

him that is overcome, not to resist him that overcometh. And thus

cometh the victor to have right of absolute dominion over the

conquered. By which there is presently constituted a little body

politic, which consisteth of two persons, the one sovereign, which

is called the _master_, or lord; the other subject, which is called

the _servant_. And when a man hath acquired right over a number of

servants so considerable, as they cannot by their neighbours be

securely invaded, this body politic is a kingdom despotical.

[Sidenote: Chains and other, &c. bonds, &c. slave defined.]

3. And it is to be understood, that when a servant taken in the

wars, is kept bound in natural bonds, as chains, and the like, or in

prison, there hath passed no covenant from the servant to his

master. For those natural bonds have no need of strengthening by the

verbal bonds of covenant, and they show that the servant is not

trusted. But covenant, (Part I. chapter II. section 9,) supposeth

trust. There remaineth therefore in the servant thus kept bound, or

in prison, a right of delivering himself, if he can, by what means

soever. This kind of servant is that which ordinarily and without

passion, is called a _slave_. The Romans had no such distinct name,

but comprehended all under the name of _servus_; whereof such as

they loved and durst trust, were suffered to go at liberty, and

admitted to places of office, both near to their persons, and in

their affairs abroad; the rest were kept chained, or otherwise

restrained with natural impediments to their resistance. And as it

was amongst the Romans, so it was amongst other nations, the former

sort having no other bond but a supposed covenant, without which the

master had no reason to trust them; the latter being without

covenant, and no otherwise tied to obedience, but by chains, or

other like forcible custody.

[Sidenote: Servants have no property against their lord, &c.]

4. A master therefore is to be supposed to have no less right over

those, whose bodies he leaveth at liberty, than over those he

keepeth in bonds and imprisonment, and hath absolute dominion over

both, and may say of his servant, that he is his, as he may of any

other thing. And whatsoever the servant had, and might call his, is

now the master’s; for he that disposeth of the person, disposeth of

all the person could dispose of: insomuch, as though there be _meum_

and _tuum_ amongst servants distinct from one another by the

dispensation, and for the benefit of their master; yet there is no

_meum_ and _tuum_ belonging to any of them against the master

himself, whom they are not to resist, but to obey all his commands

as law.

[Sidenote: The master hath right to alienate his servant.]

5. And seeing both the servant and all that is committed to him, is

the property of the master, and every man may dispose of his own,

and transfer the same at his pleasure, the master may therefore

alienate his dominion over them, or give the same by his last will

to whom he list.

[Sidenote: The servant of the servant, &c.]

6. And if it happen, that the master himself by captivity or

voluntary subjection, become servant to another, then is that other

master _paramount_; and those servants of him that becometh servant,

are no further obliged, than their master paramount shall think

good; forasmuch as he disposing of the master subordinate, disposeth

of all he hath, and consequently of his servants, so that the

restriction of absolute power in masters, proceedeth not from the

law of nature, but from the political law of him that is their

master supreme or sovereign.

[Sidenote: How servitude is discharged.]

7. Servants immediate to the supreme master, are discharged of their

servitude, or subjection, in the same manner that subjects are

released of their allegiance in a commonwealth institutive. As

first, by release. For he that captiveth, which is done by accepting

what the captive transferreth to him, setteth again at liberty, by

transferring back the same. And this kind of release is called

_manumission_. Secondly, by exile. For that is no more but

manumission given to a servant, not in the way of benefit, but

punishment. Thirdly, by a new captivity, where the servant having

done his endeavour to defend himself, hath thereby performed his

covenant to his former master, and for the safety of his life,

entering into new covenant with the conqueror, is bound to do his

best endeavour to keep that likewise. Fourthly, ignorance of who is

successor to his deceased master, dischargeth him of obedience: for

no covenant holdeth longer than a man knoweth to whom he is to

perform it. And lastly, that servant that is no longer trusted, but

committed to his chains and custody, is thereby discharged of the

obligation _in foro interno_, and therefore if he can get loose, may

lawfully go his way.

[Sidenote: The middle lord, &c.]

8. But servants subordinate, though manumitted by their immediate

lord, are not thereby discharged of their subjection to their lord

paramount. For the immediate master hath no property in them, having

transferred his right before to another, namely, to his own and

supreme master. Nor if the chief lord should manumit his immediate

servant, doth he thereby release his servants of their obligation to

him that is so manumitted. For by this manumission, he recovereth

again the absolute dominion he had over them before. For after a

release, which is the discharge of a covenant, the right standeth as

it did before the covenant was made.

[Sidenote: The title of man, &c. over beasts.]

9. This right of conquest, as it maketh one man master over another,

so also maketh it a man to be master of the irrational creatures.

For if a man in the state of nature be in hostility with men, and

thereby have lawful title to subdue or kill, according as his own

conscience and discretion shall suggest unto him for his safety and

benefit, much more may he do the same to beasts; that is to say,

save and preserve for his own service, according to his discretion,

such as are of nature apt to obey, and commodious for use; and to

kill and destroy, with perpetual war, all other, as fierce, and

noisome to him. And this dominion is therefore of the law of nature,

and not of the divine law positive. For if there had been no such

right before the revealing of God’s will in the Scripture, then

should no man, to whom the Scripture hath not come, have right to

make use of those his creatures, either for his food or sustenance.

And it were a hard condition of mankind, that a fierce and savage

beast should with more right kill a man, than a man a beast.

-------

CHAPTER IV.

1. The dominion over the child, &c. 2. Pre-eminence of sex giveth

not the child to the father, rather than to the mother. 3. The

title of the father or mother, &c. 4. The child of a

woman-servant, &c. 5. The right to the child given from the

mother, &c. 6. The child of the concubine, &c. 7. The child of

the husband and the wife, &c. 8. The father, or he or she that

bringeth up the child, have absolute power over him. 9. Freedom

in subjects what it is. 10. A great family is a patrimonial

kingdom. 11. Succession of the sovereign power, &c. 12. Though

the successor be not declared, yet there is always one to be

presumed. 13. The children preferred to the succession, &c. 14.

The males before the females. 15. The eldest before the rest of

the brothers. 16. The brother next to the children. 17. The

succession of the possessor, &c.

[Sidenote: The dominion over the child, &c.]

1. Of three ways by which a man becometh subject to another,

mentioned section 2, chapter the last, namely, voluntary offer,

captivity and birth, the former two have been spoken of, under the

name of subjects, and servants. In the next place, we are to set

down the third way of subjection, under the name of children, and by

what title one man cometh to have propriety in a child, that

proceedeth from the common generation of two; to wit, of male and

female. And considering men again dissolved from all covenants one

with another, and that (Part I. chap. IV. sect. 2) every man by the

law of nature, hath right or propriety to his own body, the child

ought rather to be the propriety of the mother, of whose body it is

part, till the time of separation, than of the father. For the

understanding therefore of the right that a man or woman hath to his

or their child, two things are to be considered; first, what title

the mother, or any other, originally hath, to a child new born:

secondly, how the father, or any other man, pretendeth by the

mother.

[Sidenote: Pre-eminence of sex giveth not the child to the father,

rather than to the mother.]

2. For the first, they that have written of this subject, have made

generation to be a title of dominion over persons, as well as the

consent of the persons themselves. And because generation giveth

title to two, namely, father and mother, whereas dominion is

indivisible, they therefore ascribe dominion over the child to the

father only, _ob præstantiam sexûs_; but they show not, neither can

I find out by what coherence, either generation inferreth dominion,

or advantage of so much strength, which, for the most part, a man

hath more than a woman, should generally and universally entitle the

father to a propriety in the child, and take it away from the

mother.

[Sidenote: The title of the father or mother, &c.]

3. The title to dominion over a child, proceedeth not from the

generation, but from the preservation of it; and therefore in the

estate of nature, the mother, in whose power it is to save or

destroy it, hath right thereto by that power, according to that

which hath been said, Part I. chapter I. sect. 13. And if the mother

shall think fit to abandon, or expose her child to death, whatsoever

man or woman shall find the child so exposed, shall have the same

right which the mother had before; and for this same reason, namely,

for the power not of generating, but preserving. And though the

child thus preserved, do in time acquire strength, whereby he might

pretend equality with him or her that hath preserved him, yet shall

that pretence be thought unreasonable, both because his strength was

the gift of him, against whom he pretendeth, and also because it is

to be presumed, that he which giveth sustenance to another, whereby

to strengthen him, hath received a promise of obedience in

consideration thereof. For else it would be wisdom in men, rather to

let their children perish, while they are infants, than to live in

their danger or subjection, when they are grown.

[Sidenote: The child of a woman servant, &c.]

4. For the pretences which a man may have to dominion over a child

by the right of the mother, they be of divers kinds. One by the

absolute subjection of the mother; another, by some particular

covenant from her, which is less than a covenant of such subjection.

By absolute subjection, the master of the mother, hath right to her

child, according to section 6, chapter III, whether he be the father

thereof, or not. And thus the children of the servant are the goods

of the master _in perpetuum_.

[Sidenote: The right to the child given from the mother, &c.]

5. Of covenants that amount not to subjection between a man and

woman, there be some which are made for a time; they are covenants

of cohabitation, or else of copulation only. And in this latter

case, the children pass by covenants particular. And thus in the

copulation of the Amazons with their neighbours, the fathers by

covenant had the male children only, the mothers retaining the

females.

[Sidenote: The child of the concubine, &c.]

6. And covenants of cohabitation are either for society of bed, or

for society of all things; if for society of bed only, then is the

woman called _a concubine_. And here also the child shall be his or

hers, as they shall agree particularly by covenant. For although for

the most part, a concubine is supposed to yield up the right of her

children to the father, yet doth not concubinate enforce so much.

[Sidenote: The child of the husband and the wife, &c.]

7. But if the covenants of cohabitation be for society of all

things, it is necessary that but one of them govern and dispose of

all that is common to them both; without which, as hath been often

said before, society cannot last. And therefore the man, to whom for

the most part the woman yieldeth the government, hath for the most

part, also, the sole right and dominion over the children. And the

man is called the husband, and the woman the wife. But because

sometimes the government may belong to the wife only, sometimes also

the dominion over the children shall be in her only. As in the case

of a sovereign queen, there is no reason that her marriage should

take from her the dominion over her children.

[Sidenote: The father, or he or she that bringeth up the child, have

absolute power over him.]

8. Children therefore, whether they be brought up and preserved by

the father, or by the mother, or by whomsoever, are in most absolute

subjection to him or her, that so bringeth them up, or preserveth

them. And they may alienate them, that is, assign his or her

dominion, by selling, or giving them, in adoption or servitude to

others; or may pawn them for hostages, kill them for rebellion, or

sacrifice them for peace, by the law of nature, when he or she, in

his or her conscience, think it to be necessary.

[Sidenote: Freedom in subjects what it is.]

9. The subjection of them who institute a commonwealth amongst

themselves, is no less absolute, than the subjection of servants.

And therein they are in equal estate. But the hope of those is

greater than the hope of these. For he that subjecteth himself

uncompelled, thinketh there is reason he should be better used, than

he that doth it upon compulsion; and coming in freely, calleth

himself, though in subjection, a _freeman_; whereby it appeareth,

that liberty is not any exemption from subjection and obedience to

the sovereign power, but a state of better hope than theirs, that

have been subjected by force and conquest. And this was the reason,

that the name which signifieth children in the Latin tongue, is

_liberi_, which also signifieth _freemen_. And yet in Rome, nothing

at that time was so obnoxious to the power of others, as children in

the family of their fathers. For both the state had power over their

life without consent of their fathers, and the father might kill his

son by his own authority, without any warrant from the state.

Freedom therefore in commonwealths is nothing but the honour of

equality of favour with other subjects, and servitude the estate of

the rest. A freeman therefore may expect employments of honour,

rather than a servant. And this is all that can be understood by the

liberty of the subject. For in all other senses, liberty is the

state of him that is not subject.

[Sidenote: A great family is a patrimonial kingdom.]

10. Now when a father that hath children, hath servants also, the

children, not by the right of the child, but by the natural

indulgence of the parents, are such freemen. And the whole,

consisting of the father or mother, or both, and of the children,

and of the servants, is called a _family_, wherein the father or

mother of the family is sovereign of the same, and the rest, both

children and servants equally, subjects. The same family, if it grow

by multiplication of children, either by generation, or adoption; or

of servants, either by generation, conquest, or voluntary

submission, to be so great and numerous, as in probability it may

protect itself, then is that family called a _patrimonial kingdom_,

or monarchy by acquisition, wherein the sovereignty is in one man,

as it is in a monarch made by _political institution_. So that

whatsoever rights be in the one, the same also be in the other. And

therefore I shall no more speak of them as distinct, but of monarchy

in general.

[Sidenote: Succession of the sovereign power, &c.]

11. Having showed by what right the several sorts of commonwealths,

democracy, aristocracy, and monarchy, are erected, it followeth, to

show by what right they are continued. The right by which they are

continued, is called the right of succession to the sovereign power;

whereof there is nothing to be said in a democracy, because the

sovereign dieth not, as long as there be subjects alive: nor in an

aristocracy, because it cannot easily fall out, that the _optimates_

should every one fail at once; and if it should so fall out, there

is no question, but the commonwealth is thereby dissolved. It is

therefore in a monarchy only, that there can happen a question

concerning the succession. And first, forasmuch as a monarch, which

is absolute sovereign, hath the dominion in his own right, he may

dispose thereof at his own will. If therefore by his last will, he

shall name his successor, the right passeth by that will.

[Sidenote: Though the successor be not declared, yet there is always

one to be presumed.]

12. Nor if the monarch die without any will concerning the

succession declared, it is not therefore to be presumed, it was his

will, his subjects, which are to him as his children and servants,

should return again to the state of anarchy, that is, to war and

hostility. For that were expressly against the law of nature, which

commandeth to procure peace, and to maintain the same. It is

therefore to be conjectured with reason, that it was his intention

to bequeath them peace, that is to say, a power coercive, whereby to

keep them from sedition amongst themselves; and rather in the form

of a monarchy, than any other government; forasmuch as he, by the

exercise thereof in his own person, hath declared, that he approveth

the same.

[Sidenote: The children preferred to the succession, &c.]

13. Further, it is to be supposed, his intention was, that his own

children should be preferred in the succession, when nothing to the

contrary is expressly declared, before any other. For men naturally

seek their own honour, and that consisteth in the honour of their

children after them.

[Sidenote: The males before the females.]

14. Again, seeing every monarch is supposed to desire to continue

the government in his successors, as long as he may; and that

generally men are endued with greater parts of wisdom and courage,

by which all monarchies are kept from dissolution, than women are;

it is to be presumed, where no express will is extant to the

contrary, he preferreth his male children before the female. Not but

that women may govern, and have in divers ages and places governed

wisely, but are not so apt thereto in general, as men.

[Sidenote: The eldest before the rest of the brothers.]

15. Because the sovereign power is indivisible, it cannot be

supposed, that he intended the same should be divided, but that it

should descend entirely upon one of them, which is to be presumed,

should be the eldest, assigned thereto by the lot of nature, because

he appointed no other lot for the decision thereof. Besides, what

difference of ability soever there may be amongst the brethren, the

odds shall be adjudged to the elder, because no subject hath

authority otherwise to judge thereof.

[Sidenote: The brother next to the children.]

16. And for want of issue in the possessor, the brother shall be

presumed successor. For by the judgment of nature, next in blood is

next in love; and next in love is next to preferment.

[Sidenote: The succession of the possessor, &c.]

17. And as the succession followeth the first monarch, so also it

followeth him or her that is in possession; and consequently, the

children of him in possession, shall be preferred before the

children of his father, or predecessor.

-------

CHAPTER V.

1. The utility of the commonwealth, &c. 2. The loss of liberty, &c.

3. Monarchy approved by, &c. 4. Monarchy less subject to

passion, &c. 5, 6. Subjects in monarchy, &c. 7. Laws in monarchy

less changeable, &c. 8. Monarchies less subject to dissolution.

[Sidenote: The utility of the commonwealth, &c.]

1. Having set forth the nature of a Body Politic, and the three

sorts thereof, democracy, aristocracy, and monarchy; in this chapter

shall be declared, the _conveniences_, and _inconveniences_, that

arise from the same, both in general, and of the said several sorts

in particular. And first, seeing a body politic is erected only for

the ruling and governing of particular men, the benefit and damage

thereof, consisteth in the benefit or damage of being ruled. The

benefit is that for which a body politic was instituted, namely, the

peace and preservation of every particular man, than which it is not

possible there can be a greater, as hath been touched before, Part

I. chapter I. section 12. And this benefit extendeth equally both to

the _sovereign_, and to the _subjects_. For he or they that have the

sovereign power, have but the defence of their persons, by the

assistance of the particulars; and every particular man hath his

defence by their union in the sovereign. As for other benefits,

which pertain not to their safety and sufficiency, but to their well

and delightful being, such as are superfluous riches, they so belong

to the sovereign, as they must also be in the subject; and so to the

subject, as they must also be in the sovereign. For the riches and

treasure of the sovereign, is the dominion he hath over the riches

of his subjects. If therefore the sovereign provide not so as that

particular men may have means, both to preserve themselves, and also

to preserve the public; the common or sovereign treasure can be

none. And on the other side, if it were not for a common and public

treasure belonging to the sovereign power, men’s private riches

would sooner serve to put them into confusion and war, than to

secure and maintain them. Insomuch, as the profit of the sovereign

and subject goeth always together. That distinction therefore of

government, that there is one government for the good of him that

governeth, and another for the good of them that be governed;

whereof the former is _despotical_, that is lordly; the other, a

government of _freemen_, is not right. No more is the opinion of

them that hold it to be no city, which consisteth of a master and

his servants. They might as well say, it were no city, that

consisted in a father and his own issue, how numerous soever they

were. For to a master that hath no children, the servants have in

them all those respects, for which men love their children. For they

are his strength and his honour. And his power is no greater over

them, than over his children.

[Sidenote: The loss of liberty, &c.]

2. The inconvenience arising from government in general to him that

governeth, consisteth partly in the continual care and trouble about

the business of other men, that are his subjects; and partly, in the

danger of his person. For the head always is that part, not only

where the care resideth, but also against which the stroke of an

enemy most commonly is directed. To balance this incommodity, the

sovereignty, together with the necessity of this care and danger,

comprehendeth so much honour, riches, and means, whereby to delight

the mind, as no private man’s wealth can attain unto. The

inconveniences of government in general to a subject are none at

all, if well considered, but in appearance. There be two things that

may trouble his mind, or two general grievances; the one is, loss of

liberty; the other, the uncertainty of _meum_ and _tuum_. For the

first, it consisteth in this, that a subject may no more govern his

own actions according to his own discretion and judgment, or, which

is all one, conscience, as the present occasions from time to time

shall dictate to him; but must be tied to do according to that will

only, which once for all he had long ago laid up, and involved in

the wills of the major part of an assembly, or in the will of some

one man. But this is really no inconvenience. For, as it hath been

showed before, it is the only means, by which we have any

possibility of preserving ourselves. For if every man were allowed

this liberty of following his conscience, in such difference of

consciences, they would not live together in peace an hour. But it

appeareth a great inconvenience to every man in particular, to be

debarred of this liberty, because every one apart considereth it as

in himself, and not as in the rest; by which means, liberty

appeareth in the likeness of rule and government over others. For

where one man is at liberty, and the rest bound, there that one hath

government; which honour, he that understandeth not so much,

demanding by the name simply of liberty, thinketh it a great

grievance and injury to be denied it. For the second grievance

concerning _meum_ and _tuum_, it is also none, but in appearance

only; it consisteth in this, that the sovereign power taketh from

him that which he used to enjoy, knowing no other propriety, but use

and custom. But without such sovereign power, the right of men is

not propriety to anything, but a community, no better than to have

no right at all, as hath been showed, Part I. chapter I. section 10.

Propriety therefore being derived from the sovereign power, is not

to be pretended against the same, especially, when by it every

subject hath his propriety against every other subject, which when

sovereignty ceaseth, he hath not, because in that case they return

to war amongst themselves. Those levies therefore which are made

upon men’s estates, by the sovereign authority, are no more but the

price of that peace and defence which the sovereignty maintaineth

for them. If this were not so, no money nor forces for the wars, nor

any other public occasion, could justly be levied in the world. For

neither king, nor democracy, nor aristocracy, nor the estates of any

land, could do it, if the sovereignty could not. For in all those

cases, it is levied by virtue of the sovereignty. Nay more, by the

three estates here, the land of one man may be transferred to

another, without crime of him from whom it was taken, and without

pretence of public benefit, as hath been done; and this without

injury, because done by the sovereign power. For the power whereby

it is done, is no less than sovereign, and cannot be greater.

Therefore this grievance for _meum_ and _tuum_ is not real, unless

more be exacted than is necessary; but it seemeth a grievance,

because to them that either know not the right of sovereignty, or to

whom that right belongeth, it seemeth an injury; and injury, how

little soever the damage, is always grievous, as putting us in mind

of our disability to help ourselves, and into envy of the power to

do us wrong.

[Sidenote: Monarchy approved by, &c.]

3. Having spoken of the inconveniences of the subject, by government

in general, let us consider the same in the three several sorts

thereof, namely, _democracy_, _aristocracy_ and _monarchy_; whereof

the two former are in effect but one. For, as I have showed before,

democracy is but the government of a few orators. The comparison

therefore will be between monarchy and aristocracy: and to omit that

the world, as it was created, so also it is governed by one God

Almighty; and that all the ancients have preferred monarchy before

other governments, both in opinion, because they feigned a

monarchical government amongst their gods, and also by their custom;

for that in the most ancient times all people were so governed: and

that paternal government, which is monarchy, was instituted in the

beginning from the creation; and that other governments have

proceeded from the dissolution thereof, caused by the rebellious

nature of mankind, and be but pieces of broken monarchies cemented

by human wit, I will insist only on this comparison, upon the

inconveniences that may happen to the subjects in consequence to

each of these governments.

[Sidenote: Monarchy less subject to passion, &c.]

4. And first, it seemeth inconvenient there should be committed so

great a power to one man, as that it might be lawful to no other man

or men to resist the same; and some think it inconvenient _eo

nomine_, because he hath the power. But this reason we may not by

any means admit, for it maketh it inconvenient to be ruled by

Almighty God, who without question hath more power over every man,

than can be conferred upon any monarch. This inconvenience therefore

must be derived not from the power, but from the affections and

passions which reign in every one, as well monarch as subject, by

which the monarch may be swayed to use that power amiss: and because

an aristocracy consisteth of men, if the passions of many men be

more violent when they are assembled together, than the passions of

one man alone, it will follow, that the inconvenience arising from

passions will be greater in an _aristocracy_, than a _monarchy_. But

there is no doubt, when things are debated in great assemblies, but

every man delivering his opinion at large without interruption,

endeavoureth to make whatsoever he is to set forth for good, better;

and what he would have apprehended as evil, worse, as much as is

possible, to the end his counsel may take place; which counsel also

is never without aim at his own benefit, or honour; every man’s end

being some good to himself. Now this cannot be done without working

on the passions of the rest. And thus the passions of these that are

singly moderate, are altogether vehement; even as a great many

coals, though but warm asunder, being put together, inflame one

another.

[Sidenote: Subjects in monarchy, &c.]

5. Another inconvenience of monarchy, is this, that the monarch,

besides the riches necessary for the defence of the commonwealth,

may take so much more from the subjects, as may enrich his children,

kindred and favourites, to what degree he pleaseth; which though it

be indeed an inconvenience, if he should so do, yet is the same both

greater in an aristocracy, and also more likely to come to pass, for

there not one only, but many have children, kindred, and friends to

raise. And in that point they are as twenty monarchs for one, and

likely to set forward one another’s designs mutually, to the

oppression of all the rest. The same also happeneth in a democracy,

if they all do agree; otherwise they bring a worse inconvenience; to

wit, sedition.

6. Another inconvenience of monarchy, is the power of dispensing

with the execution of justice, whereby the family and friends of the

monarch, may, with impunity, commit outrages upon the people, or

oppress them with extortion. But in aristocracies, not only one, but

many have power of taking men out of the hands of justice, and no

man is willing his kindred or friends should be punished according

to their demerits. And therefore they understand amongst themselves

without further speaking, as a tacit covenant, _hodie mihi, cras

tibi_.

[Sidenote: Laws in monarchy less changeable, &c.]

7. Another inconvenience of monarchy, is the power of altering laws.

Concerning which, it is necessary that such a power be, that laws

may be altered, according as men’s manners change, or as the

conjuncture of all circumstances within and without the commonwealth

shall require; the change of law being then inconvenient, when it

proceedeth from the change, not of the occasion, but of the minds of

him or them, by whose authority the laws are made. Now it is

manifest enough of itself, that the mind of one man is not so

variable in that point, as are the decrees of an assembly. For not

only they have all their natural changes, but the change of any one

man may be enough, with eloquence and reputation, or by solicitation

and faction, to make that law to-day, which another by the very same

means, shall abrogate to-morrow.

[Sidenote: Monarchies less subject to dissolution.]

8. Lastly, the greatest inconvenience that can happen to a

commonwealth, is the aptitude to dissolve into civil war; and to

this are monarchies much less subject, than any other governments.

For where the union, or band of a commonwealth, is one man, there is

no distraction; whereas in assemblies, those that are of different

opinions, and give different counsel, are apt to fall out amongst

themselves, and to cross the designs of the commonwealth for one

another’s sake: and when they cannot have the honour of making good

their own devices, they yet seek the honour to make the counsels of

their adversaries prove vain. And in this contention, when the

opposite factions happen to be anything equal in strength, they

presently fall to war. Wherein necessity teacheth both sides, that

an absolute monarch, to wit, a general, is necessary both for their

defence against one another, and also for the peace of each faction

within itself. But this aptitude to dissolution, is to be understood

for an inconvenience in such aristocracies only where the affairs of

state are debated in great and numerous assemblies, as they were

anciently in Athens, and in Rome; and not in such as do nothing else

in great assemblies, but choose magistrates and counsellors, and

commit the handling of state affairs to a few; such as is the

aristocracy of Venice at this day. For these are no more apt to

dissolve from this occasion, than monarchies, the counsel of state

being both in the one and the other alike.

-------

CHAPTER VI.

1. A difficulty concerning absolute subjection to man, arising

from our absolute subjection to God Almighty, propounded. 2.

That this difficulty is only amongst those Christians that

deny the interpretation of the Scripture to depend upon the

sovereign authority of the commonwealth. 3. That human laws

are not made to govern the consciences of men, but their words

and actions. 4. Places of Scripture to prove obedience due

from Christians to their sovereign in all things. 5. A

distinction propounded between a fundamental point of faith,

and a superstruction. 6. An explication of the points of

faith, that be fundamental. 7. That the belief of those

fundamental points, is all that is required to salvation, as

of faith. 8. That other points not fundamental, are not

necessary to salvation as matter of faith; and that no more is

required by way of faith to the salvation of one man, than to

the salvation of another. 9. That superstructions are not

points of the faith necessary to a Christian. 10. How faith

and justice concur to salvation. 11. That in Christian

commonwealths, obedience to God and man stand well together.

12. This tenet, whatsoever is against the conscience, is sin,

interpreted. 13. That all men do confess the necessity of

submitting of controversies to some human authority. 14. That

Christians under an infidel are discharged of the injustice of

disobeying him, in that which concerneth the faith necessary

to salvation, by not resisting.

[Sidenote: A difficulty concerning absolute subjection to man,

arising from our absolute subjection to God Almighty,

propounded.]

1. Having showed, that in all commonwealths whatsoever, the

necessity of peace and government requireth, that there be existent

some power, either in one man, or in one assembly of men, by the

name of the power sovereign, which it is not lawful for any member

of the same commonwealth to disobey; there occurreth now a

difficulty, which, if it be not removed, maketh it unlawful for a

man to put himself under the command of such absolute sovereignty as

is required thereto. And the difficulty is this; we have amongst us

the Word of God for the rule of our actions: now if we shall subject

ourselves to men also, obliging ourselves to do such actions as

shall be by them commanded, when the commands of God and man shall

differ, we are to obey God, rather than man; and consequently, the

covenant of general obedience to man is unlawful.

[Sidenote: That this difficulty is only amongst those Christians

that deny the interpretation of Scripture to depend upon

the sovereign authority of the commonwealth.]

2. This difficulty hath not been of very great antiquity in the

world. There was no such _dilemma_ amongst the Jews; for their civil

law, and divine law, was one and the same law of Moses; the

interpreters whereof were the priests, whose power was subordinate

to the power of the king; as was the power of Aaron, to the power of

Moses. Nor is it a controversy that was ever taken notice of amongst

the Grecians, Romans, or other Gentiles: for amongst these their

several civil laws were the rules whereby not only righteousness and

virtue, but also religion, and the external worship of God, was

ordered and approved; that being esteemed the true worship of God,

which was κατὰ τὰ νόμιμα, according to the laws civil. Also those

Christians that dwell under the temporal dominion of the bishop of

Rome, are free from this question; for that they allow unto him,

their sovereign, to interpret the Scriptures, which are the law of

God, as he in his own judgment shall think right. This difficulty

therefore remaineth amongst, and troubleth those Christians only, to

whom it is allowed, to take for the sense of the Scripture, that

which they make thereof, either by their own private interpretation,

or by the interpretation of such as are not called thereunto by

public authority; they that follow their own interpretation

continually, demanding liberty of conscience; and those that follow

the interpretation of others not ordained thereunto by the sovereign

of the commonwealth, requiring a power in matters of religion either

above the power civil, or at least not depending on it.

[Sidenote: That human laws are not made to govern the consciences of

men, but their words & actions.]

3. To take away this scruple of conscience, concerning obedience to

human laws, amongst those that interpret to themselves the word of

God in the Holy Scriptures, I propound to their consideration,

first, that no human law is intended to oblige the conscience of a

man, unless it break out into action, either of the tongue, or other

part of the body. The law made thereupon would be of none effect,

because no man is able to discern, but by word or other action

whether such law be kept or broken. Nor did the apostles themselves

pretend dominion over men’s consciences, concerning the faith they

preached, but only persuasion and instruction. And therefore St.

Paul saith (2 Cor. i. 24), writing to the Corinthians, concerning

their controversies, that he and the rest of the apostles had no

dominion over their faith, but were helpers of their joy.

[Sidenote: Places of Scripture to prove obedience due from

Christians to their sovereign in all things.]

4. And for the actions of men which proceed from their consciences,

the regulating of which actions is the only means of peace, if they

might not stand with justice, it were impossible that justice

towards God, and peace amongst men, should stand together in that

religion that teacheth us, that _justice and peace shall kiss each

other_, and in which we have so many precepts of absolute obedience

to human authority; as Matth. xxiii. 2, 3, we have this precept:

_The Scribes and Pharisees sit in Moses' seat; all therefore

whatsoever they bid you observe, that observe and do_. And yet were

the Scribes and Pharisees not priests, but men of temporal

authority. Again Luke xi. 17: _Every kingdom divided against itself

shall be desolate_; and is not that kingdom divided against itself,

where the actions of every one shall be ruled by his private

opinion, or conscience, and yet those actions such as give occasion

of offence and breach of peace? Again Rom. xiii. 5: _Wherefore you

must be subject, not because of wrath only, but also for conscience

sake_. Titus iii. 1: _Put them in remembrance, that they be subject

to principalities and powers_. 1 Peter ii. 13, 14: _Submit

yourselves unto all manner of ordinance of man, for the Lord’s sake,

whether it be unto the king, as unto the superior, or unto

governors, as unto them that are sent by him for the punishment of

evil doers_. Jude, verse 8: _These dreamers also that defile the

flesh, and despise government, and speak evil of them that are in

authority_. And forasmuch as all subjects in commonwealths are in

the nature of children and servants, that which is a command to

them, is a command to all subjects. But to these St. Paul saith

(Colos. iii. 20, 22): _Children, obey your parents in all things;

servants, be obedient to your masters according to the flesh in all

things_. And verse 23: _Do it heartily as to the Lord_. These places

considered, it seemeth strange to me, that any man in a Christian

commonwealth, should have any occasion to deny his obedience to

public authority, upon this ground, that _it is better to obey God

than man_. For though St. Peter and the apostles did so answer the

council of the Jews, that forbad them to preach Christ, there

appeareth no reason that Christians should allege the same against

their Christian governors, that command them to preach Christ. To

reconcile this seeming contradiction of simple obedience to God, and

simple obedience to man, we are to consider a Christian subject, as

under a Christian sovereign, or under an infidel.

[Sidenote: A distinction propounded between a fundamental point of

faith and a superstruction.]

5. And under a Christian sovereign we are to consider, what actions

we are forbidden by God Almighty to obey them in, and what not. The

actions we are forbidden to obey them in, are such only, as imply a

denial of that faith which is necessary to our salvation: for

otherwise there can be no pretence of disobedience; for why should a

man incur the danger of a temporal death, by displeasing of his

superior, if it were not for fear of eternal death hereafter? It

must therefore be enquired, what those propositions and articles be,

the belief whereof our Saviour or his apostles have declared to be

such, as without believing them, a man cannot be saved; and then all

other points, that are now controverted, and made distinction of

sects, Papists, Lutherans, Calvinists, Arminians, &c. (as in old

time, the like made Paulists, Apollonians, and Cephasians), must

needs be such, as a man needeth not for the holding thereof, deny

obedience to his superiors. And for the points of faith necessary to

salvation, I shall call them _fundamental_, and every other point a

_superstruction_.

[Sidenote: An explication of the points of faith, that be

fundamental.]

6. And without all controversy, there is not any more necessary

point to be believed for man’s salvation than this, that _Jesus is

the Messiah_, that is, _the Christ_; which proposition is explicated

in sundry sorts, but still the same in effect; as, that _he is God’s

anointed_; for that is signified by the word Christ: that _he was

the true and lawful king of Israel, the son of David, the Saviour of

the world, the redeemer of Israel, the salvation of God, he that

should come into the world, the son of God_, and, which I desire by

the way to have noted, against the now sect of Arians, _the begotten

Son of God_, Acts iii. 13; Heb. v. 5: _The only begotten Son of

God_, John i. 14, 18; John iii. 16, 18; 1 John iv. 9: _That he was

God_, John i. 1; John xx. 28: _That the fulness of the Godhead dwelt

in him bodily_, Coloss. ii. 9: Moreover, _the Holy One, the Holy One

of God, the forgiver of sins, that he is risen from the dead_. These

are explications, and parts of that general article, that _Jesus is

the Christ_. This point therefore, and all the explications thereof

are fundamental: as also all such as be evidently inferred from

thence; as, BELIEF IN GOD THE FATHER: John xii. 44: _He that

believeth in me, believeth not in me, but in him that sent me_; 1

John ii. 23: _He that denieth the Son, hath not the Father_: BELIEF

IN GOD THE HOLY GHOST, of whom Christ saith, John xiv. 26: _But the

Comforter, which is the Holy Ghost, whom the Father will send in my

name_: and John xv. 26: _But when the Comforter shall come, whom I

will send unto you from the Father, even the Spirit of truth_:

BELIEF OF THE SCRIPTURES, by which we believe those points and of

the immortality of the soul, without which we cannot believe he is a

Saviour.

[Sidenote: That the belief of those fundamental points, is all that

is required to salvation, as of faith.]

7. And as these are the fundamental points of faith necessary to

salvation; so also are they only necessary as matter of faith, and

only essential to the calling of a Christian; as may appear by many

evident places of Holy Scripture: John v. 39: _Search the

Scriptures, for in them ye think ye have eternal life, and they are

they which testify of me_. Now, forasmuch as by the _Scripture_, is

meant there the Old Testament (the New being then not written), the

belief of that which was written concerning our Saviour in the Old

Testament, was sufficient belief for the obtaining of eternal life:

but in the Old Testament, there is nothing revealed concerning

Christ, but that he is the Messiah, and such things as belong to the

fundamental points thereupon depending. And therefore those

_fundamental_ points are sufficient to salvation as of faith. And

John vi. 28, 29: _Then said they unto him, What shall we do, that we

might work the works of God? Jesus answered and said unto them. This

is the work of God, that ye believe in him, whom he hath sent._ So

that the point to be believed is, _That Jesus Christ came forth from

God, and he which believeth it, worketh the works of God_. John xi.

26, 27: _Whosoever liveth and believeth in me, shall never die.

Believest thou this? She said unto him, Yea, Lord, I believe that

thou art the Christ, the Son of God, which should come into the

world._ Hence followeth, _He that believeth this, shall never die_.

John xx. 31: _But these things are written, that ye might believe,

that Jesus is the Christ, the Son of God; and that believing, ye

might have life through his name_. By which appeareth, that this

_fundamental_ point is all that is required, as of faith to our

salvation. 1 John iv. 2: _Every spirit that confesseth that Jesus

Christ is come in the flesh, is of God_: 1 John v. 1: _Whosoever

believeth that Jesus is the Christ, is born of God_; and (verse 5)

_Who is he that overcometh the world, but he that believeth, that

Jesus is the Son of God_: and verse 13: _These things have I written

unto you that believe in the name of the Son of God, that ye may

know that ye have eternal life_. Acts, viii. 36, 37: _The eunuch

said, Here is water, what doth hinder me to be baptized? And Philip

said unto him, If thou believest with all thy heart, thou mayest. He

answered and said, I believe that Jesus Christ is the Son of God._

This point therefore was sufficient for the reception of man into

baptism, that is to say, to Christianity. And Acts, xvi. 29-31: _The

keeper of the prison fell down before Paul and Silas, and said,

Sirs, what shall I do to be saved? And they said, Believe in the

Lord Jesus Christ._ And the sermon of St. Peter, upon the day of

Pentecost, was nothing else but an explication, that _Jesus was the

Christ. And when they had heard him, they asked him, What shall we

do? He said unto them_, (Acts, ii. 38): _Amend your lives, and be

baptized every one of you in the name of Jesus Christ for the

remission of sins_. Rom. x. 9: _If thou shalt confess with thy mouth

the Lord Jesus, and shalt believe in thy heart, that God raised him

up from the dead, thou shalt be saved_. To these places may be

added, that wheresoever our Saviour Christ doth approve the faith of

any man, the proposition believed, if the same be to be collected

out of the text, is always some of these fundamental points before

mentioned, or something equivalent: as the faith of the centurion

(Matth. viii. 8): _Speak the word only, and my servant shall be

healed_; believing he was omnipotent: the faith of the woman, which

had an issue of blood, (Matth. ix. 21): _If I may but touch the hem

of his garment_; implying, he was the Messiah: the faith required of

the blind men, (Matth. ix. 28): _Believe you that I am able to do

this?_ the faith of the Canaanitish woman, (Matth. xv. 22), that he

was the _Son of David_, implying the same. And so it is in every one

of those places, none excepted, where our Saviour commendeth any

man’s faith, which because they are too many to insert here, I omit,

and refer them to his inquisition that is not otherwise satisfied.

And as there is no other faith required, so there was no other

preaching: for the prophets of the Old Testament preached no other;

and John the Baptist preached only the approach of the kingdom of

heaven, that is to say, of the kingdom of Christ. The same was the

commission of the apostles (Matth. x. 7): _Go preach, saying, The

kingdom of heaven is at hand_. And Paul preaching amongst the Jews,

(Acts, xviii. 5), did but testify unto the Jews, that _Jesus was the

Christ_. And the heathens took notice of Christians no otherwise,

but by this name, that they believed _Jesus to be a king_, crying

out, (Acts, xvii. 6, 7): _These are they that have subverted the

state of the world, and here they are, whom Jason hath received. And

these all do against the decrees of Cæsar, saying, that there is

another king, one Jesus._ And this was the sum of the predictions,

the sum of the confessions of them that believed, as well men as

devils. This was the title of his cross, _Jesus of Nazareth, king of

the Jews_; this the occasion of the crown of thorns, sceptre of

reed, and a man to carry his cross; this was the subject of the

_Hosannas_; and this was the title, by which our Saviour, commanding

to take another man’s goods, bade them say, _The Lord hath need_;

and by this title he purged the temple of the profane market kept

there. Nor did the apostles themselves believe any more than that

_Jesus was the Messiah_, nor understand so much; for they understood

the Messiah to be no more than a temporal king, till after our

Saviour’s resurrection. Furthermore, this point, that _Christ is the

Messiah_, is particularly set forth for _fundamental_ by that word,

or some other equivalent thereunto in divers places. Upon the

confession of Peter (Matth. xvi. 16): _Thou art the Christ, the son

of the living God_, our Saviour (verse 18) saith, _Upon this rock

will I build my church_. This point therefore is the whole

foundation of Christ’s church. St. Paul saith, (Rom. xv. 20) _I so

enforced myself to preach the Gospel, not where Christ was named,

lest I should have built upon another man’s foundation_. St. Paul,

(1 Cor. iii. 10) when he had reprehended the Corinthians for their

sects, and curious doctrines and questions, he distinguisheth

between _fundamental_ points, and _superstruction_; and saith, _I

have laid the foundation, and another buildeth thereupon; but let

every man take heed how he buildeth upon it. For other foundation

can no man lay than that which is laid, which is Jesus Christ._

Coloss. ii. 6, 7: _As you have received Christ Jesus the Lord, so

walk in him, rooted and builded in him, and stablished in the

faith_.

[Sidenote: That other points not fundamental, are not necessary to

salvation as matters of faith; and that no more is

required by way of faith to the salvation of one man than

to the salvation of another.]

8. Having showed this proposition, _Jesus is the Christ_, to be the

only fundamental and necessary point of faith, I shall set down a

few places more, to show, that other points, though they may be

true, are not so necessary to be believed, as that a man may not be

saved, though he believe them not. And first, if a man could not be

saved without assent of the heart to the truth of all controversies,

which are now in agitation concerning religion, I cannot see, how

any man living can be saved; so full of subtilty, and curious

knowledge it is to be so great a divine. Why therefore should a man

think that our Saviour, who (Matth. xi. 30), saith, that his _yoke

is easy_, should require a matter of that difficulty? or how are

little children said to believe, (Matth. xviii. 6); or how could the

good thief be thought sufficiently catechised upon the cross? or St.

Paul so perfect a Christian presently upon his conversion? and

though there may be more obedience required in him that hath the

fundamental points explicated unto him, than in him that hath

received the same but implicitly; yet there is no more faith

required for salvation in one man, than another. For if it be true,

that _Whosoever shall confess with his mouth the Lord Jesus, and

believe in his heart, that God raised him from the dead, shall be

saved_; as it is, Rom. x. 9, and that _Whosoever believeth that

Jesus is the Christ, is born of God_; the belief of that point is

sufficient for the salvation of any man whosoever he be, forasmuch

as concerneth faith. And seeing he that believeth not that _Jesus is

the Christ_, whatsoever he believe else, cannot be saved; it

followeth, that there is no more required of the salvation of one

man, than another, in matter of faith.

[Sidenote: That superstructions are not points of the faith

necessary to a Christian.]

9. About these points fundamental, there is little controversy

amongst Christians, though otherwise of different sects amongst

themselves. And therefore the controversies of religion, are

altogether about points unnecessary to salvation; whereof some are

doctrines raised by human ratiocination, from the points

_fundamental_. As for example; such doctrines as concern the manner

of the real presence, wherein are mingled tenets of faith concerning

the omnipotency and divinity of Christ, with the tenets of Aristotle

and the Peripatetics concerning substance and accidents, species,

hypostasis, and the subsistence and migration of accidents from

place to place; words some of them without meaning, and nothing but

the canting of Grecian sophisters. And these doctrines are condemned

expressly, Col. ii. 8, where after St. Paul had exhorted them to _be

rooted and builded in Christ_, he giveth them this further caveat:

_Beware lest there be any man that spoil you through philosophy and

vain deceits, through the traditions of men, according to the

rudiments of the world_. And such are such doctrines, as are raised

out of such places of the Scriptures, as concern not the foundation,

by men’s natural reason; as about the concatenation of causes, and

the manner of God’s predestination; which are also mingled with

philosophy: as if it were possible for men that know not in what

manner God seeth, heareth, or speaketh, to know nevertheless the

manner how he intendeth, and predestinateth. A man therefore ought

not to examine by reason any point, or draw any consequence out of

Scripture by reason, concerning the nature of God Almighty, of which

reason is not capable. And therefore St. Paul, (Rom. xii. 3) giveth

a good rule, _That no man presume to understand above that which is

meet to understand, but that he understand according to sobriety_:

which they do not, who presume out of Scripture, by their own

interpretation, to raise any doctrine to the understanding,

concerning those things which are incomprehensible. And this whole

controversy concerning the predestination of God, and the free-will

of man, is not peculiar to Christian men. For we have huge volumes

of this subject, under the name of _fate_ and _contingency_,

disputed between the Epicureans and the Stoics, and consequently it

is not matter of faith, but of philosophy: and so are also all the

questions concerning any other point, but the foundation before

named; and God receiveth a man, which part of the question soever he

holdeth. It was a controversy in St. Paul’s time, whether a

Christian Gentile might eat freely of any thing which the Christian

Jews did not; and the Jew condemned the Gentile that he did eat, to

whom St. Paul saith, (Rom. xiv. 3): _Let not him that eateth not,

judge him that eateth; for God hath received him_. And verse 6, in

the question concerning the observing of holy days, wherein the

Gentiles and Jews differed, he saith unto them, _He that observeth

the day, observeth it to the Lord; and he that observeth not the

day, observeth it not to the Lord_. And they who strive concerning

such questions, and divide themselves into sects, are not therefore

to be accounted zealous of the faith, their strife being but carnal,

which is confirmed by St. Paul (1 Cor. iii. 4): _When one saith, I

am of Paul, and another, I am of Appollos, are ye not carnal?_ For

they are not questions of faith, but of wit, wherein, carnally, men

are inclined to seek the mastery one of another. For nothing is

truly a point of faith, but that _Jesus is the Christ_; as St. Paul

testifieth, (1 Cor. ii. 2): _For I esteemed not the knowledge of any

thing amongst you, save Jesus Christ, and him crucified_. And 1 Tim.

vi. 20, 21: _O Timotheus, keep that which is committed unto thee,

and avoid profane and vain babblings, and opposition of science

falsely so called, which while some profess, they have erred

concerning the faith_. 2 Tim. ii. 16: _Shun profane and vain

babblings, &c._ Verse 17, 18: _Of which sort is Hymenæus and

Philetus, which as concerning the truth, have erred, saying, that

the resurrection is past already_. Whereby St. Paul showed, that the

raising of questions by human ratiocination, though it be from the

fundamental points themselves, is not only not necessary, but most

dangerous to the faith of a Christian. Out of all these places, I

draw only this conclusion in general, that neither the points now in

controversy amongst Christians of different sects, or in any point

that ever shall be in controversy, excepting only those that are

contained in this article, _Jesus is the Christ_, are necessary to

salvation, as of faith; though in matter of obedience, a man may be

bound not to oppose the same.

[Sidenote: How faith and justice concur to salvation.]

10. Although to the obtaining of salvation, there be required no

more, as hath been already declared, out of the Holy Scriptures, as

matter of faith, but the belief of those fundamental articles before

set forth; nevertheless, there are required other things, as matter

of obedience. For, as it is not enough in temporal kingdoms, to

avoid the punishment which kings may inflict, to acknowledge the

right and title of the king, without obedience also to his laws: so

also it is not enough, to acknowledge our Saviour Christ to be the

king of heaven, in which consisteth Christian faith, unless also we

endeavour to obey his laws, which are the laws of the kingdom of

heaven, in which consisteth Christian obedience. And forasmuch as

the laws of the kingdom of heaven, are the laws of nature, as hath

been showed, Part I. chapter V., not only faith, but also the

observation of the law of nature, (which is that for which a man is

called just or righteous, in that sense, in which justice is taken

not for the absence of guilt, but for the endeavour and constant

will to do that which is just) not only faith, but this justice,

which also from the effect thereof, is called repentance, and

sometimes works, is necessary to salvation. So that faith and

justice do both concur thereto; and in the several acceptation of

this word (justification) are properly said both of them to justify;

and the want of either of them is properly said to condemn. For not

only he that resisteth a king upon doubt of his title, but also he

that doth it upon the inordinateness of his passions, deserveth

punishment. And when faith and works are separated, not only the

faith is called dead without works, but also works are called dead

works without faith. And therefore St. James, (chapter ii. 17),

saith, _Even so the faith, if it have no works, is dead in itself_;

and verse 26: _For as the body without the spirit is dead, even so

faith without works is dead_. And St. Paul, (Heb. vi. 1), calleth

works without faith, _dead works_, where he saith, _Not laying again

the foundation of repentance from dead works_. And by these dead

works, is understood not the obedience and justice of the inward

man, but the _opus operatum_, or external action, proceeding from

fear of punishment, or from vain-glory, and desire to be honoured of

men: and these may be separated from faith, and conduce no way to a

man’s justification. And for that cause, St. Paul, (Rom. iv.)

excludeth the righteousness of the law, from having part in the

justification of a sinner. For by the law of Moses, which is applied

to men’s actions, and requireth the absence of guilt, all men living

are liable to damnation; and therefore no man is justified by works,

but by faith only. But if works be taken for the endeavour to do

them, that is, if the will be taken for the deed, or internal for

external righteousness, then do works contribute to salvation. And

then taketh place that of St. James, (chap. ii. 24): _Ye see then,

how that of works a man is justified, and not of faith only_. And

both of these are joined to salvation, as in St. Mark i. 15: _Repent

and believe the gospel_. And Luke xviii. 18-22, when a certain ruler

asked our Saviour, what he ought to do to inherit eternal life, he

propounded to him the keeping of the commandments; which when the

ruler said he had kept, he propounded to him the faith, _Sell all

that thou hast, and follow me_. And John iii. 36: _He that believeth

in the Son, hath everlasting life_. And _He that obeyeth not the

Son, shall not see life_. Where he manifestly joineth obedience and

faith together. And Rom. i. 17: _The just shall live by faith_; not

every one, but _the just_. For also _the devils believe and

tremble_. But though both faith and justice (meaning still by

justice, not absence of guilt, but the good intentions of the mind,

which is called righteousness by God, that taketh the will for the

deed) be both of them said to justify, yet are their parts in the

act of justification to be distinguished. For justice is said to

justify, not because it absolveth, but because it denominates him

just, and setteth him in an estate, or capacity of salvation,

whensoever he shall have faith. But faith is said to justify, that

is, to absolve, because by it a just man is absolved of, and

forgiven his unjust actions. And thus are reconciled the places of

St. Paul and St. James, that _Faith only justifieth_, and _a man is

not justified by faith only_; and showed how faith and repentance

must concur to salvation.

[Sidenote: That in Christian commonwealths, obedience to God and man

stand well together.]

11. These things considered, it will easily appear, that under the

sovereign power of a Christian commonwealth, there is no danger of

damnation from simple obedience to human laws; for in that the

sovereign alloweth Christianity, no man is compelled to renounce

that faith, which is enough for his salvation, that is to say, the

fundamental points. And for other points, seeing they are not

necessary to salvation, if we conform our actions to the laws, we do

not only what we are allowed, but also what we are commanded by the

law of nature, which is the moral law taught by our Saviour himself.

And it is part of that obedience which must concur to our salvation.

[Sidenote: This tenet, whatsoever is against the conscience is sin,

interpreted.]

12. And though it be true, whatsoever a man doth against his

conscience, is sin; yet the obedience in these cases, is neither

sin, nor against the conscience. For the conscience being nothing

else but a man’s settled judgment and opinion, when he hath once

transferred his right of judging to another, that which shall be

commanded, is no less his judgment, than the judgment of that other.

So that in obedience to laws, a man doth still according to his own

conscience, but not his private conscience. And whatsoever is done

contrary to private conscience, is then a sin, when the laws have

left him to his own liberty, and never else. And then whatsoever a

man doth, not only believing it is ill done, but doubting whether it

be ill or not, is done ill, in case he may lawfully omit the doing.

[Sidenote: That all men do confess the necessity of submitting of

controversies to some human authority.]

13. And as it hath been proved, that a man must submit his opinions

in matter of controversy to the authority of the commonwealth; so

also is the same confessed by the practice of every one of them that

otherwise deny it. For who is there differing in opinion from

another, and thinking himself to be in the right, and the other in

the wrong, that would not think it reasonable, if he be of the same

opinion that the whole state alloweth, that the other should submit

his opinion also thereunto; or that would not be content, if not

that one or a few men, yet all the divines of a whole nation, or at

least an assembly of all those he liketh, should have the power to

determine all the controversies of religion? or, who is there that

would not be content, to submit his opinions, either to the pope, or

to a general council, or to a provincial council, or to a presbytery

of his own nation? And yet in all these cases he submitteth himself

to no greater than human authority. Nor can a man be said to submit

himself to Holy Scripture, that doth not submit himself to some or

other for the interpretation thereof. Or, why should there be any

church government at all instituted, if the Scripture itself could

do the office of a judge in controversies of faith? But the truth is

apparent, by continual experience, that men seek not only liberty of

conscience, but of their actions; nor that only, but a further

liberty of persuading others to their opinions; nor that only, for

every man desireth, that the sovereign authority should admit no

other opinions to be maintained, but such as he himself holdeth.

[Sidenote: That Christians under an infidel are discharged of the

injustice of disobeying him, in that which concerneth the

faith necessary to salvation, by not resisting.]

14. The difficulty therefore of obeying both God and man in a

Christian commonwealth is none: all the difficulty resteth in this

point, whether he that hath received the faith of Christ, having

before subjected himself to the authority of an infidel, be

discharged of his obedience thereby, or not, in matters of religion.

In which case it seemeth reasonable to think, that since all

covenants of obedience are entered into for the preservation of a

man’s life, if a man be content without resistance to lay down his

life, rather than obey the commands of an infidel, in so hard a case

he hath sufficiently discharged himself thereof. For no covenant

bindeth further than to endeavour; and if a man cannot assure

himself to perform a just duty, when thereby he is assured of

present death, much less can it be expected that a man should

perform that, for which he believeth in his heart he shall be damned

eternally. And thus much concerning the scruple of conscience, that

may arise concerning obedience to human laws, in them that interpret

the law of God to themselves. It remaineth, to remove the same

scruple from them, that submit their controversies to others not

ordained thereunto by the sovereign authority. And this I refer to

the chapter following.

-------

CHAPTER VII.

1. The question propounded, who are the magistrates in the kingdom

of Christ. 2. The question exemplified, in the controversies

between Moses and Aaron, and between Moses and Corah. 3. Amongst

the Jews, the power temporal and spiritual in the same hand. 4.

Parallel of the twelve princes of Israel, and the twelve

apostles. 5. Parallel of seventy elders, and seventy disciples.

6. The hierarchy of the church in our Saviour’s time, consisted

in the twelve, and in the seventy. 7. Why Christ ordained no

priests for sacrifices, as Moses did. 8. The hierarchy of the

church in the apostles' time, apostles, bishops, and priests. 9.

The preaching of the gospel was not commanding, but persuading.

10. Excommunication. Sovereigns immediate rulers ecclesiastical

under Christ. 11. That no man hath any just pretence of religion

against obedience to commonwealth. God speaketh to man by his

vicegerents.

[Sidenote: The question propounded, who are the magistrates in the

kingdom of Christ.]

1. In the former chapter have been removed those difficulties

opposing our obedience to human authority, which arise from

misunderstanding of our Saviour’s title and laws: in the former

whereof, namely, his title, consisteth our faith; and in the latter,

our justice. Now they who differ not amongst themselves concerning

his title and laws, may nevertheless have different opinions

concerning his magistrates, and the authority he hath given them.

And this is the cause, why many Christians have denied obedience to

their princes, pretending that our Saviour Christ hath not given

this magistracy to them, but to others. As for example: some say, to

the pope universally; some, to a synod aristocratical; some, to a

synod democratical in every several commonwealth; and the

magistrates of Christ being they by whom he speaketh, the question

is, whether he speak unto us by the pope, or by convocations of

bishops and ministers, or by them that have the sovereign power in

every commonwealth.

[Sidenote: The question exemplified, in the controversies between

Moses and Aaron, and between Moses and Corah.]

2. This controversy was the cause of those two mutinies, that

happened against Moses in the wilderness. The first by Aaron and his

sister Miriam, who took upon them to censure Moses, for marrying an

Ethiopian woman. And the state of the question between them and

Moses, they set forth (Numb. xii. 2) in these words: _What hath the

Lord spoken but only by Moses? hath he not spoken also by us? And

the Lord heard this_, &c., and punished the same in Miriam,

forgiving Aaron upon his repentance. And this is the case of all

them that set up the priesthood against the sovereignty. The other

was of Corah, Dathan, and Abiram, who with two hundred and fifty

captains gathered themselves together against Moses, and against

Aaron. The state of their controversy was this, whether God were not

with the multitude, as well as with Moses, and every man as holy as

he. For (Numb. xvi. 3) thus they say, _You take too much upon you,

seeing all the congregation is holy; every one of them, and the Lord

is amongst them: wherefore then lift ye yourselves above the

congregation of the Lord?_ And this is the case of them that set up

their private consciences, and unite themselves to take the

government of religion out of the hands of him or them, that have

the sovereign power of the commonwealth: which how well it pleaseth

God, may appear by the hideous punishment of Corah and his

accomplices.

[Sidenote: Amongst the Jews, the power temporal and spiritual in the

same hand.]

3. In the government therefore of Moses there was no power, neither

civil, nor spiritual, that was not derived from him. Nor in the

state of Israel under kings, was there any earthly power, by which

those kings were compellable to any thing, or any subject allowed to

resist them in any case whatsoever. For though the prophets by

extraordinary calling, did often admonish and threaten them, yet

they had no authority over them. And therefore amongst the Jews, the

power spiritual and temporal, was always in the same hand.

[Sidenote: Parallel of the twelve princes of Israel, and the twelve

apostles.]

4. Our Saviour Christ, as he was the rightful king of the Jews in

particular, as well as king of the kingdom of Heaven, in the

ordaining of magistrates, received that form of policy which was

used by Moses. According to the number of the children of Jacob,

Moses took unto him by the appointment of God (Numb. i. 4) twelve

men, every one of the chief of their tribe, which were to assist him

in the muster of Israel. And these twelve, verse 44, are called the

_princes of Israel, twelve men, every one for the house of their

fathers_; which are said also (Numb. vii. 2), _to be heads over the

houses of their fathers, and princes of the tribes, and over them

that were numbered_. And these were every one equal amongst

themselves. In like manner our Saviour took unto him twelve

apostles, to be next unto him in authority, of whom he saith (Matth.

xix. 28), _When the Son of Man shall sit in the throne of his

majesty, ye which follow me in the regeneration, shall sit also upon

twelve thrones, and judge the twelve tribes of Israel_. And

concerning the equality of the twelve apostles amongst themselves,

our Saviour saith (Matth. xx. 25), _Ye know that the Lords of the

Gentiles have domination over them, &c._ Verse 26: _But it shall not

be so amongst you; but whosoever will be greatest among you, let him

be your servant_. And Matth. xxiii. 11: _He that is greatest among

you, let him be your servant_. And a little before, verse 8, _Be not

called Rabbi; for one is your doctor, Christ, and all ye are

brethren_. And Acts i. in choosing of Matthias to be an apostle,

though St. Peter used the part of a _prolocutor_, yet did no man

take upon him the authority of election, but referred the same to

lot.

[Sidenote: Parallel of the seventy elders & seventy disciples.]

5. Again, Moses had the command of God, Numb. xi. 16: _Gather to me

seventy men of the elders of Israel, whom thou knowest that they are

the elders of the people, and governors over them, and bring them

unto the tabernacle, &c._ And Moses, verse 24, did accordingly. And

these were chosen to help Moses in bearing the burthen of the

government, as appeareth, verse 17 of the same chapter. And as the

twelve princes of the tribes were according to the number of Jacob’s

children; so were the seventy elders according to the number of the

persons that went down with Jacob into Egypt. In like manner our

Saviour in his kingdom of Heaven, the church, out of the whole

number of those that believed in him, ordained seventy persons,

which peculiarly were called the seventy disciples, to whom he gave

power to preach the Gospel and baptize.

[Sidenote: The hierarchy of the church in our Saviour’s time,

consisted in the twelve, and in the seventy.]

6. In our Saviour’s time therefore, the hierarchy of the church

consisted, besides himself that was the head, of twelve apostles,

who were equal amongst themselves, but ordained over others, as were

the twelve heads of the tribes, and seventy disciples, who had every

one of them power to baptize and teach, and help to govern the whole

flock.

[Sidenote: Why Christ ordained no priests for sacrifices, as Moses

did.]

7. And whereas in the commonwealth instituted by Moses, there was

not only a high-priest for the present, but also a succession and

order of priests; it may be demanded, why our Saviour Christ did not

ordain the like? To which may be answered, that the high-priesthood,

forasmuch as concerneth the authority thereof, was in the person of

Christ, as he was Christ, that is king. So also was it in Moses,

Aaron having the ministerial part only. For notwithstanding that

Aaron was the high-priest, yet the consecration of him belonged

(Exod. xxix. 1) to Moses. All the utensils of sacrifice, and other

holy things, were ordered by Moses; and in sum, the whole Levitical

law was delivered by God by the hand of Moses, who was to Aaron a

God, and Aaron to him a mouth. And for the ministerial part, there

could no high-priest be ordained but himself; for seeing our Saviour

was himself the sacrifice, who but himself could offer him up? And

for the celebration of that sacrifice for ever after, our Saviour

annexed the priesthood to those whom he had appointed to govern in

the church.

[Sidenote: The hierarchy of the church, in the apostles' time,

apostles, bishops, and priests.]

The English works of Thomas Hobbes of Malmesbury, Volume 04 (of 11) · 第 14 / 18 章