CHAPTER XXX. OF THE OFFICE OF THE SOVERAIGN REPRESENTATIVE

The Procuration Of The Good Of The People

The OFFICE of the Soveraign, (be it a Monarch, or an Assembly,)

consisteth in the end, for which he was trusted with the Soveraign

Power, namely the procuration of the Safety Of The People; to which he

is obliged by the Law of Nature, and to render an account thereof to

God, the Author of that Law, and to none but him. But by Safety here, is

not meant a bare Preservation, but also all other Contentments of life,

which every man by lawfull Industry, without danger, or hurt to the

Common-wealth, shall acquire to himselfe.

By Instruction & Lawes

And this is intended should be done, not by care applyed to

Individualls, further than their protection from injuries, when they

shall complain; but by a generall Providence, contained in publique

Instruction, both of Doctrine, and Example; and in the making, and

executing of good Lawes, to which individuall persons may apply their

own cases.

Against The Duty Of A Soveraign To Relinquish Any Essentiall Right of

Soveraignty Or Not To See The People Taught The Grounds Of Them

And because, if the essentiall Rights of Soveraignty (specified before

in the eighteenth Chapter) be taken away, the Common-wealth is thereby

dissolved, and every man returneth into the condition, and calamity of a

warre with every other man, (which is the greatest evill that can happen

in this life;) it is the Office of the Soveraign, to maintain those

Rights entire; and consequently against his duty, First, to transferre

to another, or to lay from himselfe any of them. For he that deserteth

the Means, deserteth the Ends; and he deserteth the Means, that being

the Soveraign, acknowledgeth himselfe subject to the Civill Lawes; and

renounceth the Power of Supreme Judicature; or of making Warre, or

Peace by his own Authority; or of Judging of the Necessities of the

Common-wealth; or of levying Mony, and Souldiers, when, and as much as

in his own conscience he shall judge necessary; or of making Officers,

and Ministers both of Warre, and Peace; or of appointing Teachers, and

examining what Doctrines are conformable, or contrary to the Defence,

Peace, and Good of the people. Secondly, it is against his duty, to let

the people be ignorant, or mis-in-formed of the grounds, and reasons

of those his essentiall Rights; because thereby men are easie to be

seduced, and drawn to resist him, when the Common-wealth shall require

their use and exercise.

And the grounds of these Rights, have the rather need to be diligently,

and truly taught; because they cannot be maintained by any Civill Law,

or terrour of legal punishment. For a Civill Law, that shall forbid

Rebellion, (and such is all resistance to the essentiall Rights of

Soveraignty,) is not (as a Civill Law) any obligation, but by vertue

onely of the Law of Nature, that forbiddeth the violation of Faith;

which naturall obligation if men know not, they cannot know the Right of

any Law the Soveraign maketh. And for the Punishment, they take it

but for an act of Hostility; which when they think they have strength

enough, they will endeavour by acts of Hostility, to avoyd.

Objection Of Those That Say There Are No Principles Of Reason For

Absolute Soveraignty

As I have heard some say, that Justice is but a word, without substance;

and that whatsoever a man can by force, or art, acquire to himselfe,

(not onely in the condition of warre, but also in a Common-wealth,) is

his own, which I have already shewed to be false: So there be also

that maintain, that there are no grounds, nor Principles of Reason, to

sustain those essentiall Rights, which make Soveraignty absolute. For

if there were, they would have been found out in some place, or other;

whereas we see, there has not hitherto been any Common-wealth, where

those Rights have been acknowledged, or challenged. Wherein they argue

as ill, as if the Savage people of America, should deny there were any

grounds, or Principles of Reason, so to build a house, as to last as

long as the materials, because they never yet saw any so well built.

Time, and Industry, produce every day new knowledge. And as the art

of well building, is derived from Principles of Reason, observed by

industrious men, that had long studied the nature of materials, and

the divers effects of figure, and proportion, long after mankind

began (though poorly) to build: So, long time after men have begun to

constitute Common-wealths, imperfect, and apt to relapse into disorder,

there may, Principles of Reason be found out, by industrious meditation,

to make use of them, or be neglected by them, or not, concerneth my

particular interest, at this day, very little. But supposing that

these of mine are not such Principles of Reason; yet I am sure they are

Principles from Authority of Scripture; as I shall make it appear, when

I shall come to speak of the Kingdome of God, (administred by Moses,)

over the Jewes, his peculiar people by Covenant.

Objection From The Incapacity Of The Vulgar

But they say again, that though the Principles be right, yet Common

people are not of capacity enough to be made to understand them. I

should be glad, that the Rich, and Potent Subjects of a Kingdome, or

those that are accounted the most Learned, were no lesse incapable than

they. But all men know, that the obstructions to this kind of doctrine,

proceed not so much from the difficulty of the matter, as from the

interest of them that are to learn. Potent men, digest hardly any thing

that setteth up a Power to bridle their affections; and Learned men,

any thing that discovereth their errours, and thereby lesseneth their

Authority: whereas the Common-peoples minds, unlesse they be tainted

with dependance on the Potent, or scribbled over with the opinions

of their Doctors, are like clean paper, fit to receive whatsoever by

Publique Authority shall be imprinted in them. Shall whole Nations be

brought to Acquiesce in the great Mysteries of Christian Religion, which

are above Reason; and millions of men be made believe, that the same

Body may be in innumerable places, at one and the same time, which

is against Reason; and shall not men be able, by their teaching, and

preaching, protected by the Law, to make that received, which is so

consonant to Reason, that any unprejudicated man, needs no more to learn

it, than to hear it? I conclude therefore, that in the instruction

of the people in the Essentiall Rights (which are the Naturall, and

Fundamentall Lawes) of Soveraignty, there is no difficulty, (whilest a

Soveraign has his Power entire,) but what proceeds from his own fault,

or the fault of those whom he trusteth in the administration of the

Common-wealth; and consequently, it is his Duty, to cause them so to be

instructed; and not onely his Duty, but his Benefit also, and Security,

against the danger that may arrive to himselfe in his naturall Person,

from Rebellion.

Subjects Are To Be Taught, Not To Affect Change Of Government

And (to descend to particulars) the People are to be taught, First, that

they ought not to be in love with any forme of Government they see

in their neighbour Nations, more than with their own, nor (whatsoever

present prosperity they behold in Nations that are otherwise governed

than they,) to desire change. For the prosperity of a People ruled by

an Aristocraticall, or Democraticall assembly, commeth not from

Aristocracy, nor from Democracy, but from the Obedience, and Concord of

the Subjects; nor do the people flourish in a Monarchy, because one man

has the right to rule them, but because they obey him. Take away in

any kind of State, the Obedience, (and consequently the Concord of the

People,) and they shall not onely not flourish, but in short time be

dissolved. And they that go about by disobedience, to doe no more than

reforme the Common-wealth, shall find they do thereby destroy it; like

the foolish daughters of Peleus (in the fable;) which desiring to renew

the youth of their decrepit Father, did by the Counsell of Medea, cut

him in pieces, and boyle him, together with strange herbs, but made not

of him a new man. This desire of change, is like the breach of the first

of Gods Commandements: For there God says, Non Habebis Deos Alienos;

Thou shalt not have the Gods of other Nations; and in another place

concerning Kings, that they are Gods.

Nor Adhere (Against The Soveraign) To Popular Men

Secondly, they are to be taught, that they ought not to be led with

admiration of the vertue of any of their fellow Subjects, how

high soever he stand, nor how conspicuously soever he shine in the

Common-wealth; nor of any Assembly, (except the Soveraign Assembly,)

so as to deferre to them any obedience, or honour, appropriate to the

Soveraign onely, whom (in their particular stations) they represent; nor

to receive any influence from them, but such as is conveighed by them

from the Soveraign Authority. For that Soveraign, cannot be imagined to

love his People as he ought, that is not Jealous of them, but suffers

them by the flattery of Popular men, to be seduced from their loyalty,

as they have often been, not onely secretly, but openly, so as to

proclaime Marriage with them In Facie Ecclesiae by Preachers; and by

publishing the same in the open streets: which may fitly be compared to

the violation of the second of the ten Commandements.

Nor To Dispute The Soveraign Power

Thirdly, in consequence to this, they ought to be informed, how great

fault it is, to speak evill of the Soveraign Representative, (whether

One man, or an Assembly of men;) or to argue and dispute his Power, or

any way to use his Name irreverently, whereby he may be brought into

Contempt with his People, and their Obedience (in which the safety

of the Common-wealth consisteth) slackened. Which doctrine the third

Commandement by resemblance pointeth to.

And To Have Dayes Set Apart To Learn Their Duty

Fourthly, seeing people cannot be taught this, nor when ’tis taught,

remember it, nor after one generation past, so much as know in whom the

Soveraign Power is placed, without setting a part from their ordinary

labour, some certain times, in which they may attend those that are

appointed to instruct them; It is necessary that some such times be

determined, wherein they may assemble together, and (after prayers and

praises given to God, the Soveraign of Soveraigns) hear those their

Duties told them, and the Positive Lawes, such as generally concern them

all, read and expounded, and be put in mind of the Authority that maketh

them Lawes. To this end had the Jewes every seventh day, a Sabbath, in

which the Law was read and expounded; and in the solemnity whereof they

were put in mind, that their King was God; that having created the world

in six days, he rested the seventh day; and by their resting on it from

their labour, that that God was their King, which redeemed them from

their servile, and painfull labour in Egypt, and gave them a time, after

they had rejoyced in God, to take joy also in themselves, by lawfull

recreation. So that the first Table of the Commandements, is spent all,

in setting down the summe of Gods absolute Power; not onely as God,

but as King by pact, (in peculiar) of the Jewes; and may therefore give

light, to those that have the Soveraign Power conferred on them by the

consent of men, to see what doctrine they Ought to teach their Subjects.

And To Honour Their Parents

And because the first instruction of Children, dependeth on the care

of their Parents; it is necessary that they should be obedient to them,

whilest they are under their tuition; and not onely so, but that also

afterwards (as gratitude requireth,) they acknowledge the benefit of

their education, by externall signes of honour. To which end they are

to be taught, that originally the Father of every man was also his

Soveraign Lord, with power over him of life and death; and that the

Fathers of families, when by instituting a Common-wealth, they resigned

that absolute Power, yet it was never intended, they should lose the

honour due unto them for their education. For to relinquish such right,

was not necessary to the Institution of Soveraign Power; nor would there

be any reason, why any man should desire to have children, or take the

care to nourish, and instruct them, if they were afterwards to have no

other benefit from them, than from other men. And this accordeth with

the fifth Commandement.

And To Avoyd Doing Of Injury:

Again, every Soveraign Ought to cause Justice to be taught, which

(consisting in taking from no man what is his) is as much as to say, to

cause men to be taught not to deprive their Neighbour, by violence,

or fraud, of any thing which by the Soveraign Authority is theirs. Of

things held in propriety, those that are dearest to a man are his own

life, & limbs; and in the next degree, (in most men,) those that

concern conjugall affection; and after them riches and means of living.

Therefore the People are to be taught, to abstain from violence to

one anothers person, by private revenges; from violation of conjugall

honour; and from forcibly rapine, and fraudulent surreption of one

anothers goods. For which purpose also it is necessary they be shewed

the evill consequences of false Judgement, by corruption either of

Judges or Witnesses, whereby the distinction of propriety is taken away,

and Justice becomes of no effect: all which things are intimated in the

sixth, seventh, eighth, and ninth Commandements.

And To Do All This Sincerely From The Heart

Lastly, they are to be taught, that not onely the unjust facts, but the

designes and intentions to do them, (though by accident hindred,) are

Injustice; which consisteth in the pravity of the will, as well as in

the irregularity of the act. And this is the intention of the tenth

Commandement, and the summe of the Second Table; which is reduced all to

this one Commandement of mutuall Charity, "Thou shalt love thy neighbour

as thy selfe:" as the summe of the first Table is reduced to "the love

of God;" whom they had then newly received as their King.

The Use Of Universities

As for the Means, and Conduits, by which the people may receive this

Instruction, wee are to search, by what means so may Opinions,

contrary to the peace of Man-kind, upon weak and false Principles, have

neverthelesse been so deeply rooted in them. I mean those, which I have

in the precedent Chapter specified: as That men shall Judge of what is

lawfull and unlawfull, not by the Law it selfe, but by their own

private Judgements; That Subjects sinne in obeying the Commands of the

Common-wealth, unlesse they themselves have first judged them to be

lawfull: That their Propriety in their riches is such, as to exclude the

Dominion, which the Common-wealth hath over the same: That it is lawfull

for Subjects to kill such, as they call Tyrants: That the Soveraign

Power may be divided, and the like; which come to be instilled into

the People by this means. They whom necessity, or covetousnesse keepeth

attent on their trades, and labour; and they, on the other side, whom

superfluity, or sloth carrieth after their sensuall pleasures, (which

two sorts of men take up the greatest part of Man-kind,) being diverted

from the deep meditation, which the learning of truth, not onely in the

matter of Naturall Justice, but also of all other Sciences necessarily

requireth, receive the Notions of their duty, chiefly from Divines

in the Pulpit, and partly from such of their Neighbours, or familiar

acquaintance, as having the Faculty of discoursing readily, and

plausibly, seem wiser and better learned in cases of Law, and

Conscience, than themselves. And the Divines, and such others as make

shew of Learning, derive their knowledge from the Universities, and from

the Schooles of Law, or from the Books, which by men eminent in

those Schooles, and Universities have been published. It is therefore

manifest, that the Instruction of the people, dependeth wholly, on the

right teaching of Youth in the Universities. But are not (may some men

say) the Universities of England learned enough already to do that? or

is it you will undertake to teach the Universities? Hard questions. Yet

to the first, I doubt not to answer; that till towards the later end of

Henry the Eighth, the Power of the Pope, was alwayes upheld against the

Power of the Common-wealth, principally by the Universities; and that

the doctrines maintained by so many Preachers, against the Soveraign

Power of the King, and by so many Lawyers, and others, that had their

education there, is a sufficient argument, that though the Universities

were not authors of those false doctrines, yet they knew not how to

plant the true. For in such a contradiction of Opinions, it is most

certain, that they have not been sufficiently instructed; and ’tis no

wonder, if they yet retain a relish of that subtile liquor, wherewith

they were first seasoned, against the Civill Authority. But to the later

question, it is not fit, nor needfull for me to say either I, or No: for

any man that sees what I am doing, may easily perceive what I think.

The safety of the People, requireth further, from him, or them that have

the Soveraign Power, that Justice be equally administred to all degrees

of People; that is, that as well the rich, and mighty, as poor and

obscure persons, may be righted of the injuries done them; so as the

great, may have no greater hope of impunity, when they doe violence,

dishonour, or any Injury to the meaner sort, than when one of these,

does the like to one of them: For in this consisteth Equity; to which,

as being a Precept of the Law of Nature, a Soveraign is as much subject,

as any of the meanest of his People. All breaches of the Law, are

offences against the Common-wealth: but there be some, that are also

against private Persons. Those that concern the Common-wealth onely, may

without breach of Equity be pardoned; for every man may pardon what is

done against himselfe, according to his own discretion. But an offence

against a private man, cannot in Equity be pardoned, without the consent

of him that is injured; or reasonable satisfaction.

The Inequality of Subjects, proceedeth from the Acts of Soveraign Power;

and therefore has no more place in the presence of the Soveraign; that

is to say, in a Court of Justice, then the Inequality between Kings,

and their Subjects, in the presence of the King of Kings. The honour of

great Persons, is to be valued for their beneficence, and the aydes

they give to men of inferiour rank, or not at all. And the violences,

oppressions, and injuries they do, are not extenuated, but aggravated by

the greatnesse of their persons; because they have least need to commit

them. The consequences of this partiality towards the great, proceed in

this manner. Impunity maketh Insolence; Insolence Hatred; and Hatred,

an Endeavour to pull down all oppressing and contumelious greatnesse,

though with the ruine of the Common-wealth.

Equall Taxes

To Equall Justice, appertaineth also the Equall imposition of Taxes;

the equality whereof dependeth not on the Equality of riches, but on the

Equality of the debt, that every man oweth to the Common-wealth for his

defence. It is not enough, for a man to labour for the maintenance

of his life; but also to fight, (if need be,) for the securing of his

labour. They must either do as the Jewes did after their return from

captivity, in re-edifying the Temple, build with one hand, and hold the

Sword in the other; or else they must hire others to fight for them. For

the Impositions that are layd on the People by the Soveraign Power, are

nothing else but the Wages, due to them that hold the publique Sword,

to defend private men in the exercise of severall Trades, and Callings.

Seeing then the benefit that every one receiveth thereby, is the

enjoyment of life, which is equally dear to poor, and rich; the debt

which a poor man oweth them that defend his life, is the same which a

rich man oweth for the defence of his; saving that the rich, who have

the service of the poor, may be debtors not onely for their own persons,

but for many more. Which considered, the Equality of Imposition,

consisteth rather in the Equality of that which is consumed, than of the

riches of the persons that consume the same. For what reason is there,

that he which laboureth much, and sparing the fruits of his labour,

consumeth little, should be more charged, then he that living idlely,

getteth little, and spendeth all he gets; seeing the one hath no

more protection from the Common-wealth, then the other? But when the

Impositions, are layd upon those things which men consume, every man

payeth Equally for what he useth: Nor is the Common-wealth defrauded, by

the luxurious waste of private men.

Publique Charity

And whereas many men, by accident unevitable, become unable to maintain

themselves by their labour; they ought not to be left to the Charity

of private persons; but to be provided for, (as far-forth as the

necessities of Nature require,) by the Lawes of the Common-wealth. For

as it is Uncharitablenesse in any man, to neglect the impotent; so it

is in the Soveraign of a Common-wealth, to expose them to the hazard of

such uncertain Charity.

Prevention Of Idlenesse

But for such as have strong bodies, the case is otherwise: they are to

be forced to work; and to avoyd the excuse of not finding employment,

there ought to be such Lawes, as may encourage all manner of Arts; as

Navigation, Agriculture, Fishing, and all manner of Manifacture that

requires labour. The multitude of poor, and yet strong people still

encreasing, they are to be transplanted into Countries not sufficiently

inhabited: where neverthelesse, they are not to exterminate those they

find there; but constrain them to inhabit closer together, and not range

a great deal of ground, to snatch what they find; but to court each

little Plot with art and labour, to give them their sustenance in due

season. And when all the world is overchargd with Inhabitants, then the

last remedy of all is Warre; which provideth for every man, by Victory,

or Death.

Good Lawes What

To the care of the Soveraign, belongeth the making of Good Lawes. But

what is a good Law? By a Good Law, I mean not a Just Law: for no Law can

be Unjust. The Law is made by the Soveraign Power, and all that is done

by such Power, is warranted, and owned by every one of the people; and

that which every man will have so, no man can say is unjust. It is in

the Lawes of a Common-wealth, as in the Lawes of Gaming: whatsoever

the Gamesters all agree on, is Injustice to none of them. A good Law

is that, which is Needfull, for the Good Of The People, and withall

Perspicuous.

Such As Are Necessary

For the use of Lawes, (which are but Rules Authorised) is not to bind

the People from all Voluntary actions; but to direct and keep them in

such a motion, as not to hurt themselves by their own impetuous desires,

rashnesse, or indiscretion, as Hedges are set, not to stop Travellers,

but to keep them in the way. And therefore a Law that is not Needfull,

having not the true End of a Law, is not Good. A Law may be conceived to

be Good, when it is for the benefit of the Soveraign; though it be

not Necessary for the People; but it is not so. For the good of the

Soveraign and People, cannot be separated. It is a weak Soveraign, that

has weak Subjects; and a weak People, whose Soveraign wanteth Power to

rule them at his will. Unnecessary Lawes are not good Lawes; but trapps

for Mony: which where the right of Soveraign Power is acknowledged, are

superfluous; and where it is not acknowledged, unsufficient to defend

the People.

Such As Are Perspicuous

The Perspicuity, consisteth not so much in the words of the Law it

selfe, as in a Declaration of the Causes, and Motives, for which it was

made. That is it, that shewes us the meaning of the Legislator, and the

meaning of the Legislator known, the Law is more easily understood

by few, than many words. For all words, are subject to ambiguity;

and therefore multiplication of words in the body of the Law, is

multiplication of ambiguity: Besides it seems to imply, (by too much

diligence,) that whosoever can evade the words, is without the compasse

of the Law. And this is a cause of many unnecessary Processes. For when

I consider how short were the Lawes of antient times; and how they

grew by degrees still longer; me thinks I see a contention between the

Penners, and Pleaders of the Law; the former seeking to circumscribe

the later; and the later to evade their circumscriptions; and that the

Pleaders have got the Victory. It belongeth therefore to the Office of

a Legislator, (such as is in all Common-wealths the Supreme

Representative, be it one Man, or an Assembly,) to make the reason

Perspicuous, why the Law was made; and the Body of the Law it selfe, as

short, but in as proper, and significant termes, as may be.

Punishments

It belongeth also to the Office of the Soveraign, to make a right

application of Punishments, and Rewards. And seeing the end of punishing

is not revenge, and discharge of choler; but correction, either of the

offender, or of others by his example; the severest Punishments are to

be inflicted for those Crimes, that are of most Danger to the

Publique; such as are those which proceed from malice to the Government

established; those that spring from contempt of Justice; those that

provoke Indignation in the Multitude; and those, which unpunished, seem

Authorised, as when they are committed by Sonnes, Servants, or Favorites

of men in Authority: For Indignation carrieth men, not onely against the

Actors, and Authors of Injustice; but against all Power that is likely

to protect them; as in the case of Tarquin; when for the Insolent act of

one of his Sonnes, he was driven out of Rome, and the Monarchy it selfe

dissolved. But Crimes of Infirmity; such as are those which proceed

from great provocation, from great fear, great need, or from ignorance

whether the Fact be a great Crime, or not, there is place many times for

Lenity, without prejudice to the Common-wealth; and Lenity when there is

such place for it, is required by the Law of Nature. The Punishment of

the Leaders, and teachers in a Commotion; not the poore seduced People,

when they are punished, can profit the Common-wealth by their example.

To be severe to the People, is to punish that ignorance, which may in

great part be imputed to the Soveraign, whose fault it was, they were no

better instructed.

Rewards

In like manner it belongeth to the Office, and Duty of the Soveraign,

to apply his Rewards alwayes so, as there may arise from them benefit

to the Common-wealth: wherein consisteth their Use, and End; and is then

done, when they that have well served the Common-wealth, are with

as little expence of the Common Treasure, as is possible, so well

recompenced, as others thereby may be encouraged, both to serve the same

as faithfully as they can, and to study the arts by which they may be

enabled to do it better. To buy with Mony, or Preferment, from a Popular

ambitious Subject, to be quiet, and desist from making ill impressions

in the mindes of the People, has nothing of the nature of Reward; (which

is ordained not for disservice, but for service past;) nor a signe of

Gratitude, but of Fear: nor does it tend to the Benefit, but to the

Dammage of the Publique. It is a contention with Ambition, like that of

Hercules with the Monster Hydra, which having many heads, for every one

that was vanquished, there grew up three. For in like manner, when the

stubbornnesse of one Popular man, is overcome with Reward, there arise

many more (by the Example) that do the same Mischiefe, in hope of like

Benefit: and as all sorts of Manifacture, so also Malice encreaseth by

being vendible. And though sometimes a Civill warre, may be differred,

by such wayes as that, yet the danger growes still the greater, and the

Publique ruine more assured. It is therefore against the Duty of the

Soveraign, to whom the Publique Safety is committed, to Reward those

that aspire to greatnesse by disturbing the Peace of their Country, and

not rather to oppose the beginnings of such men, with a little danger,

than after a longer time with greater.

Counsellours

Another Businesse of the Soveraign, is to choose good Counsellours;

I mean such, whose advice he is to take in the Government of the

Common-wealth. For this word Counsell, Consilium, corrupted from

Considium, is a large signification, and comprehendeth all Assemblies

of men that sit together, not onely to deliberate what is to be done

hereafter, but also to judge of Facts past, and of Law for the present.

I take it here in the first sense onely: And in this sense, there is no

choyce of Counsell, neither in a Democracy, nor Aristocracy; because the

persons Counselling are members of the person Counselled. The choyce

of Counsellours therefore is to Monarchy; In which, the Soveraign that

endeavoureth not to make choyce of those, that in every kind are the

most able, dischargeth not his Office as he ought to do. The most able

Counsellours, are they that have least hope of benefit by giving evill

Counsell, and most knowledge of those things that conduce to the Peace,

and Defence of the Common-wealth. It is a hard matter to know who

expecteth benefit from publique troubles; but the signes that guide to a

just suspicion, is the soothing of the people in their unreasonable,

or irremediable grievances, by men whose estates are not sufficient to

discharge their accustomed expences, and may easily be observed by any

one whom it concerns to know it. But to know, who has most knowledge of

the Publique affaires, is yet harder; and they that know them, need them

a great deale the lesse. For to know, who knowes the Rules almost of any

Art, is a great degree of the knowledge of the same Art; because no

man can be assured of the truth of anothers Rules, but he that is first

taught to understand them. But the best signes of Knowledge of any

Art, are, much conversing in it, and constant good effects of it. Good

Counsell comes not by Lot, nor by Inheritance; and therefore there is no

more reason to expect good Advice from the rich, or noble, in matter

of State, than in delineating the dimensions of a fortresse; unlesse we

shall think there needs no method in the study of the Politiques, (as

there does in the study of Geometry,) but onely to be lookers on; which

is not so. For the Politiques is the harder study of the two. Whereas

in these parts of Europe, it hath been taken for a Right of certain

persons, to have place in the highest Councell of State by Inheritance;

it is derived from the Conquests of the antient Germans; wherein many

absolute Lords joyning together to conquer other Nations, would not

enter in to the Confederacy, without such Priviledges, as might be

marks of difference in time following, between their Posterity, and the

posterity of their Subjects; which Priviledges being inconsistent with

the Soveraign Power, by the favour of the Soveraign, they may seem to

keep; but contending for them as their Right, they must needs by

degrees let them go, and have at last no further honour, than adhaereth

naturally to their abilities.

And how able soever be the Counsellours in any affaire, the benefit

of their Counsell is greater, when they give every one his Advice, and

reasons of it apart, than when they do it in an Assembly, by way of

Orations; and when they have praemeditated, than when they speak on the

sudden; both because they have more time, to survey the consequences

of action; and are lesse subject to be carried away to contradiction,

through Envy, Emulation, or other Passions arising from the difference

of opinion.

The best Counsell, in those things that concern not other Nations, but

onely the ease, and benefit the Subjects may enjoy, by Lawes that

look onely inward, is to be taken from the generall informations, and

complaints of the people of each Province, who are best acquainted

with their own wants, and ought therefore, when they demand nothing in

derogation of the essentiall Rights of Soveraignty, to be diligently

taken notice of. For without those Essentiall Rights, (as I have often

before said,) the Common-wealth cannot at all subsist.

Commanders

A Commander of an Army in chiefe, if he be not Popular, shall not be

beloved, nor feared as he ought to be by his Army; and consequently

cannot performe that office with good successe. He must therefore be

Industrious, Valiant, Affable, Liberall and Fortunate, that he may gain

an opinion both of sufficiency, and of loving his Souldiers. This is

Popularity, and breeds in the Souldiers both desire, and courage, to

recommend themselves to his favour; and protects the severity of

the Generall, in punishing (when need is) the Mutinous, or negligent

Souldiers. But this love of Souldiers, (if caution be not given of

the Commanders fidelity,) is a dangerous thing to Soveraign Power;

especially when it is in the hands of an Assembly not popular. It

belongeth therefore to the safety of the People, both that they be good

Conductors, and faithfull subjects, to whom the Soveraign Commits his

Armies.

But when the Soveraign himselfe is Popular, that is, reverenced and

beloved of his People, there is no danger at all from the Popularity of

a Subject. For Souldiers are never so generally unjust, as to side with

their Captain; though they love him, against their Soveraign, when they

love not onely his Person, but also his Cause. And therefore those,

who by violence have at any time suppressed the Power of their Lawfull

Soveraign, before they could settle themselves in his place, have been

alwayes put to the trouble of contriving their Titles, to save the

People from the shame of receiving them. To have a known Right to

Soveraign Power, is so popular a quality, as he that has it needs no

more, for his own part, to turn the hearts of his Subjects to him, but

that they see him able absolutely to govern his own Family: Nor, on the

part of his enemies, but a disbanding of their Armies. For the greatest

and most active part of Mankind, has never hetherto been well contented

with the present.

Concerning the Offices of one Soveraign to another, which are

comprehended in that Law, which is commonly called the Law of Nations,

I need not say any thing in this place; because the Law of Nations, and

the Law of Nature, is the same thing. And every Soveraign hath the same

Right, in procuring the safety of his People, that any particular man

can have, in procuring the safety of his own Body. And the same Law,

that dictateth to men that have no Civil Government, what they ought to

do, and what to avoyd in regard of one another, dictateth the same to

Common-wealths, that is, to the Consciences of Soveraign Princes, and

Soveraign Assemblies; there being no Court of Naturall Justice, but

in the Conscience onely; where not Man, but God raigneth; whose Lawes,

(such of them as oblige all Mankind,) in respect of God, as he is the

Author of Nature, are Naturall; and in respect of the same God, as he is

King of Kings, are Lawes. But of the Kingdome of God, as King of Kings,

and as King also of a peculiar People, I shall speak in the rest of this

discourse.

Leviathan · 第 15 / 21 章