A Common-wealth by Acquisition, is that, where the Soveraign Power is
acquired by Force; And it is acquired by force, when men singly, or
many together by plurality of voyces, for fear of death, or bonds, do
authorise all the actions of that Man, or Assembly, that hath their
lives and liberty in his Power.
Wherein Different From A Common-wealth By Institution
And this kind of Dominion, or Soveraignty, differeth from Soveraignty by
Institution, onely in this, That men who choose their Soveraign, do it
for fear of one another, and not of him whom they Institute: But in this
case, they subject themselves, to him they are afraid of. In both cases
they do it for fear: which is to be noted by them, that hold all such
Covenants, as proceed from fear of death, or violence, voyd: which if
it were true, no man, in any kind of Common-wealth, could be obliged
to Obedience. It is true, that in a Common-wealth once Instituted, or
acquired, Promises proceeding from fear of death, or violence, are no
Covenants, nor obliging, when the thing promised is contrary to the
Lawes; But the reason is not, because it was made upon fear, but because
he that promiseth, hath no right in the thing promised. Also, when he
may lawfully performe, and doth not, it is not the Invalidity of
the Covenant, that absolveth him, but the Sentence of the Soveraign.
Otherwise, whensoever a man lawfully promiseth, he unlawfully breaketh:
But when the Soveraign, who is the Actor, acquitteth him, then he is
acquitted by him that exorted the promise, as by the Author of such
absolution.
The Rights Of Soveraignty The Same In Both
But the Rights, and Consequences of Soveraignty, are the same in both.
His Power cannot, without his consent, be Transferred to another: He
cannot Forfeit it: He cannot be Accused by any of his Subjects, of
Injury: He cannot be Punished by them: He is Judge of what is necessary
for Peace; and Judge of Doctrines: He is Sole Legislator; and Supreme
Judge of Controversies; and of the Times, and Occasions of Warre,
and Peace: to him it belongeth to choose Magistrates, Counsellours,
Commanders, and all other Officers, and Ministers; and to determine of
Rewards, and punishments, Honour, and Order. The reasons whereof, are
the same which are alledged in the precedent Chapter, for the same
Rights, and Consequences of Soveraignty by Institution.
Dominion Paternall How Attained Not By Generation, But By Contract
Dominion is acquired two wayes; By Generation, and by Conquest. The
right of Dominion by Generation, is that, which the Parent hath over
his Children; and is called PATERNALL. And is not so derived from the
Generation, as if therefore the Parent had Dominion over his Child
because he begat him; but from the Childs Consent, either expresse, or
by other sufficient arguments declared. For as to the Generation, God
hath ordained to man a helper; and there be alwayes two that are equally
Parents: the Dominion therefore over the Child, should belong equally to
both; and he be equally subject to both, which is impossible; for no man
can obey two Masters. And whereas some have attributed the Dominion to
the Man onely, as being of the more excellent Sex; they misreckon in it.
For there is not always that difference of strength or prudence between
the man and the woman, as that the right can be determined without War.
In Common-wealths, this controversie is decided by the Civill Law: and
for the most part, (but not alwayes) the sentence is in favour of the
Father; because for the most part Common-wealths have been erected by
the Fathers, not by the Mothers of families. But the question lyeth
now in the state of meer Nature; where there are supposed no lawes
of Matrimony; no lawes for the Education of Children; but the Law of
Nature, and the naturall inclination of the Sexes, one to another, and
to their children. In this condition of meer Nature, either the Parents
between themselves dispose of the dominion over the Child by Contract;
or do not dispose thereof at all. If they dispose thereof, the right
passeth according to the Contract. We find in History that the Amazons
Contracted with the Men of the neighbouring Countries, to whom they had
recourse for issue, that the issue Male should be sent back, but the
Female remain with themselves: so that the dominion of the Females was
in the Mother.
Or Education;
If there be no Contract, the Dominion is in the Mother. For in the
condition of Meer Nature, where there are no Matrimoniall lawes, it
cannot be known who is the Father, unlesse it be declared by the Mother:
and therefore the right of Dominion over the Child dependeth on her
will, and is consequently hers. Again, seeing the Infant is first in the
power of the Mother; so as she may either nourish, or expose it, if she
nourish it, it oweth its life to the Mother; and is therefore obliged to
obey her, rather than any other; and by consequence the Dominion over
it is hers. But if she expose it, and another find, and nourish it, the
Dominion is in him that nourisheth it. For it ought to obey him by whom
it is preserved; because preservation of life being the end, for which
one man becomes subject to another, every man is supposed to promise
obedience, to him, in whose power it is to save, or destroy him.
Or Precedent Subjection Of One Of The Parents To The Other
If the Mother be the Fathers subject, the Child, is in the Fathers
power: and if the Father be the Mothers subject, (as when a Soveraign
Queen marrieth one of her subjects,) the Child is subject to the Mother;
because the Father also is her subject.
If a man and a woman, Monarches of two severall Kingdomes, have a Child,
and contract concerning who shall have the Dominion of him, the Right of
the Dominion passeth by the Contract. If they contract not, the Dominion
followeth the Dominion of the place of his residence. For the Soveraign
of each Country hath Dominion over all that reside therein.
He that hath the Dominion over the Child, hath Dominion also over their
Childrens Children. For he that hath Dominion over the person of a man,
hath Dominion over all that is his; without which, Dominion were but a
Title, without the effect.
The Right Of Succession Followeth The Rules Of The Rights Of Possession
The Right of Succession to Paternall dominion, proceedeth in the same
manner, as doth the Right of Succession to Monarchy; of which I have
already sufficiently spoken in the precedent chapter.
Despoticall Dominion, How Attained
Dominion acquired by Conquest, or Victory in war, is that which some
Writers call DESPOTICALL, from Despotes, which signifieth a Lord, or
Master; and is the Dominion of the Master over his Servant. And this
Dominion is then acquired to the Victor, when the Vanquished, to avoyd
the present stroke of death, covenanteth either in expresse words, or by
other sufficient signes of the Will, that so long as his life, and
the liberty of his body is allowed him, the Victor shall have the use
thereof, at his pleasure. And after such Covenant made, the Vanquished
is a SERVANT, and not before: for by the word Servant (whether it be
derived from Servire, to Serve, or from Servare, to Save, which I leave
to Grammarians to dispute) is not meant a Captive, which is kept in
prison, or bonds, till the owner of him that took him, or bought him
of one that did, shall consider what to do with him: (for such men,
(commonly called Slaves,) have no obligation at all; but may break their
bonds, or the prison; and kill, or carry away captive their Master,
justly:) but one, that being taken, hath corporall liberty allowed him;
and upon promise not to run away, nor to do violence to his Master, is
trusted by him.
Not By The Victory, But By The Consent Of The Vanquished
It is not therefore the Victory, that giveth the right of Dominion over
the Vanquished, but his own Covenant. Nor is he obliged because he is
Conquered; that is to say, beaten, and taken, or put to flight; but
because he commeth in, and submitteth to the Victor; Nor is the Victor
obliged by an enemies rendring himselfe, (without promise of life,) to
spare him for this his yeelding to discretion; which obliges not the
Victor longer, than in his own discretion hee shall think fit.
And that men do, when they demand (as it is now called) Quarter, (which
the Greeks called Zogria, taking alive,) is to evade the present fury of
the Victor, by Submission, and to compound for their life, with Ransome,
or Service: and therefore he that hath Quarter, hath not his life given,
but deferred till farther deliberation; For it is not an yeelding on
condition of life, but to discretion. And then onely is his life in
security, and his service due, when the Victor hath trusted him with his
corporall liberty. For Slaves that work in Prisons, or Fetters, do it
not of duty, but to avoyd the cruelty of their task-masters.
The Master of the Servant, is Master also of all he hath; and may exact
the use thereof; that is to say, of his goods, of his labour, of his
servants, and of his children, as often as he shall think fit. For he
holdeth his life of his Master, by the covenant of obedience; that is,
of owning, and authorising whatsoever the Master shall do. And in case
the Master, if he refuse, kill him, or cast him into bonds, or otherwise
punish him for his disobedience, he is himselfe the author of the same;
and cannot accuse him of injury.
In summe the Rights and Consequences of both Paternall and Despoticall
Dominion, are the very same with those of a Soveraign by Institution;
and for the same reasons: which reasons are set down in the precedent
chapter. So that for a man that is Monarch of divers Nations, whereof he
hath, in one the Soveraignty by Institution of the people assembled, and
in another by Conquest, that is by the Submission of each particular,
to avoyd death or bonds; to demand of one Nation more than of the other,
from the title of Conquest, as being a Conquered Nation, is an act of
ignorance of the Rights of Soveraignty. For the Soveraign is absolute
over both alike; or else there is no Soveraignty at all; and so every
man may Lawfully protect himselfe, if he can, with his own sword, which
is the condition of war.
Difference Between A Family And A Kingdom
By this it appears, that a great Family if it be not part of some
Common-wealth, is of it self, as to the Rights of Soveraignty, a little
Monarchy; whether that Family consist of a man and his children; or of
a man and his servants; or of a man, and his children, and servants
together: wherein the Father of Master is the Soveraign. But yet a
Family is not properly a Common-wealth; unlesse it be of that power by
its own number, or by other opportunities, as not to be subdued without
the hazard of war. For where a number of men are manifestly too weak to
defend themselves united, every one may use his own reason in time of
danger, to save his own life, either by flight, or by submission to
the enemy, as hee shall think best; in the same manner as a very small
company of souldiers, surprised by an army, may cast down their armes,
and demand quarter, or run away, rather than be put to the sword. And
thus much shall suffice; concerning what I find by speculation, and
deduction, of Soveraign Rights, from the nature, need, and designes
of men, in erecting of Commonwealths, and putting themselves under
Monarchs, or Assemblies, entrusted with power enough for their
protection.
The Right Of Monarchy From Scripture
Let us now consider what the Scripture teacheth in the same point. To
Moses, the children of Israel say thus. (Exod. 20. 19) "Speak thou to
us, and we will heare thee; but let not God speak to us, lest we dye."
This is absolute obedience to Moses. Concerning the Right of Kings, God
himself by the mouth of Samuel, saith, (1 Sam. 8. 11, 12, &c.) "This
shall be the Right of the King you will have to reigne over you. He
shall take your sons, and set them to drive his Chariots, and to be his
horsemen, and to run before his chariots; and gather in his harvest; and
to make his engines of War, and Instruments of his chariots; and shall
take your daughters to make perfumes, to be his Cookes, and Bakers. He
shall take your fields, your vine-yards, and your olive-yards, and give
them to his servants. He shall take the tyth of your corne and wine, and
give it to the men of his chamber, and to his other servants. He shall
take your man-servants, and your maid-servants, and the choice of your
youth, and employ them in his businesse. He shall take the tyth of your
flocks; and you shall be his servants." This is absolute power, and
summed up in the last words, "you shall be his servants." Againe, when
the people heard what power their King was to have, yet they consented
thereto, and say thus, (Verse. 19 &c.) "We will be as all other nations,
and our King shall judge our causes, and goe before us, to conduct our
wars." Here is confirmed the Right that Soveraigns have, both to the
Militia, and to all Judicature; in which is conteined as absolute power,
as one man can possibly transferre to another. Again, the prayer of
King Salomon to God, was this. (1 Kings 3. 9) "Give to thy servant
understanding, to judge thy people, and to discerne between Good and
Evill." It belongeth therefore to the Soveraigne to bee Judge, and
to praescribe the Rules of Discerning Good and Evill; which Rules are
Lawes; and therefore in him is the Legislative Power. Saul sought
the life of David; yet when it was in his power to slay Saul, and his
Servants would have done it, David forbad them, saying (1 Sam. 24. 9)
"God forbid I should do such an act against my Lord, the anoynted of
God." For obedience of servants St. Paul saith, (Coll. 3. 20) "Servants
obey your masters in All things," and, (Verse. 22) "Children obey your
Parents in All things." There is simple obedience in those that are
subject to Paternall, or Despoticall Dominion. Again, (Math. 23. 2,3)
"The Scribes and Pharisees sit in Moses chayre and therefore All that
they shall bid you observe, that observe and do." There again is simple
obedience. And St. Paul, (Tit. 3. 2) "Warn them that they subject
themselves to Princes, and to those that are in Authority, & obey
them." This obedience is also simple. Lastly, our Saviour himselfe
acknowledges, that men ought to pay such taxes as are by Kings imposed,
where he sayes, "Give to Caesar that which is Caesars;" and payed such
taxes himselfe. And that the Kings word, is sufficient to take any thing
from any subject, when there is need; and that the King is Judge of that
need: For he himselfe, as King of the Jewes, commanded his Disciples to
take the Asse, and Asses Colt to carry him into Jerusalem, saying, (Mat.
21. 2,3) "Go into the Village over against you, and you shall find a
shee Asse tyed, and her Colt with her, unty them, and bring them to me.
And if any man ask you, what you mean by it, Say the Lord hath need
of them: And they will let them go." They will not ask whether his
necessity be a sufficient title; nor whether he be judge of that
necessity; but acquiesce in the will of the Lord.
To these places may be added also that of Genesis, (Gen. 3. 5) "You
shall be as Gods, knowing Good and Evill." and verse 11. "Who told thee
that thou wast naked? hast thou eaten of the tree, of which I commanded
thee thou shouldest not eat?" For the Cognisance of Judicature of Good
and Evill, being forbidden by the name of the fruit of the tree of
Knowledge, as a triall of Adams obedience; The Divell to enflame the
Ambition of the woman, to whom that fruit already seemed beautifull,
told her that by tasting it, they should be as Gods, knowing Good and
Evill. Whereupon having both eaten, they did indeed take upon them
Gods office, which is Judicature of Good and Evill; but acquired no new
ability to distinguish between them aright. And whereas it is sayd, that
having eaten, they saw they were naked; no man hath so interpreted that
place, as if they had formerly blind, as saw not their own skins: the
meaning is plain, that it was then they first judged their nakednesse
(wherein it was Gods will to create them) to be uncomely; and by being
ashamed, did tacitely censure God himselfe. And thereupon God saith,
"Hast thou eaten, &c." as if he should say, doest thou that owest me
obedience, take upon thee to judge of my Commandements? Whereby it is
cleerly, (though Allegorically,) signified, that the Commands of
them that have the right to command, are not by their Subjects to be
censured, nor disputed.
Soveraign Power Ought In All Common-wealths To Be Absolute
So it appeareth plainly, to my understanding, both from Reason, and
Scripture, that the Soveraign Power, whether placed in One Man, as in
Monarchy, or in one Assembly of men, as in Popular, and Aristocraticall
Common-wealths, is as great, as possibly men can be imagined to make
it. And though of so unlimited a Power, men may fancy many evill
consequences, yet the consequences of the want of it, which is
perpetuall warre of every man against his neighbour, are much worse. The
condition of man in this life shall never be without Inconveniences; but
there happeneth in no Common-wealth any great Inconvenience, but what
proceeds from the Subjects disobedience, and breach of those Covenants,
from which the Common-wealth had its being. And whosoever thinking
Soveraign Power too great, will seek to make it lesse; must subject
himselfe, to the Power, that can limit it; that is to say, to a greater.
The greatest objection is, that of the Practise; when men ask, where,
and when, such Power has by Subjects been acknowledged. But one may
ask them again, when, or where has there been a Kingdome long free from
Sedition and Civill Warre. In those Nations, whose Common-wealths have
been long-lived, and not been destroyed, but by forraign warre, the
Subjects never did dispute of the Soveraign Power. But howsoever, an
argument for the Practise of men, that have not sifted to the bottom,
and with exact reason weighed the causes, and nature of Common-wealths,
and suffer daily those miseries, that proceed from the ignorance
thereof, is invalid. For though in all places of the world, men should
lay the foundation of their houses on the sand, it could not thence be
inferred, that so it ought to be. The skill of making, and maintaining
Common-wealths, consisteth in certain Rules, as doth Arithmetique and
Geometry; not (as Tennis-play) on Practise onely: which Rules, neither
poor men have the leisure, nor men that have had the leisure, have
hitherto had the curiosity, or the method to find out.