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Textblocks with "commonwealth"

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LEVIATHAN By Thomas Hobbes 1651 LEVIATHAN OR THE MATTER, FORME, & POWER OF A COMMON-WEALTH ECCLESIASTICAL AND CIVILL Thomas Hobbes of Malmesbury Printed for Andrew Crooke, at the Green Dragon in St

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Therefore in honour and gratitude to him, and with devotion to your selfe, I humbly Dedicate unto you this my discourse of Common-wealth

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OF PERSONS, AUTHORS, AND THINGS PERSONATED THE SECOND PART OF COMMON-WEALTH 17

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OF THE CAUSES, GENERATION, AND DEFINITION OF A COMMON-WEALTH 18

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OF SEVERALL KINDS OF COMMON-WEALTH BY INSTITUTION; AND OF SUCCESION TO THE SOVERAIGN POWER 20

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OF THE NUTRITION, AND PROCREATION OF A COMMON-WEALTH 25

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OF THOSE THINGS THAT WEAKEN, OR TEND TO THE DISSOLUTION OF A COMMON-WEALTH 30

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OF THE KINGDOM OF GOD BY NATURE THE THIRD PART OF A CHRISTIAN COMMON-WEALTH 32

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For by Art is created that great LEVIATHAN called a COMMON-WEALTH, or STATE, (in latine CIVITAS) which is but an Artificiall Man; though of greater stature and strength than the Naturall, for whose protection and defence it was intended; and in which, the Soveraignty is an Artificiall Soul, as giving life and motion to the whole body; The Magistrates, and other Officers of Judicature and Execution, artificiall Joynts; Reward and Punishment (by which fastned to the seat of the Soveraignty, every joynt and member is moved to performe his duty) are the Nerves, that do the same in the Body Naturall; The Wealth and Riches of all the particular members, are the Strength; Salus Populi (the Peoples Safety) its Businesse; Counsellors, by whom all things needfull for it to know, are suggested unto it, are the Memory; Equity and Lawes, an artificiall Reason and Will; Concord, Health; Sedition, Sicknesse; and Civill War, Death

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Thirdly, what is a Christian Common-Wealth

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I say not this, as disapproving the use of Universities: but because I am to speak hereafter of their office in a Common-wealth, I must let you see on all occasions by the way, what things would be amended in them; amongst which the frequency of insignificant Speech is one

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But the most noble and profitable invention of all other, was that of Speech, consisting of Names or Apellations, and their Connexion; whereby men register their Thoughts; recall them when they are past; and also declare them one to another for mutuall utility and conversation; without which, there had been amongst men, neither Common-wealth, nor Society, nor Contract, nor Peace, no more than amongst Lyons, Bears, and Wolves

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And even of those men themselves, that in Councells of the Common-wealth, love to shew their reading of Politiques and History, very few do it in their domestique affaires, where their particular interest is concerned; having Prudence enough for their private affaires: but in publique they study more the reputation of their owne wit, than the successe of anothers businesse

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For these words of Good, evill, and Contemptible, are ever used with relation to the person that useth them: There being nothing simply and absolutely so; nor any common Rule of Good and evill, to be taken from the nature of the objects themselves; but from the Person of the man (where there is no Common-wealth;) or, (in a Common-wealth,) From the Person that representeth it; or from an Arbitrator or Judge, whom men disagreeing shall by consent set up, and make his sentence the Rule thereof

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The Greatest of humane Powers, is that which is compounded of the Powers of most men, united by consent, in one person, Naturall, or civill, that has the use of all their Powers depending on his will; such as is the Power of a Common-wealth: or depending on the wills of each particular; such as is the Power of a Faction, or of divers factions leagued

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Dignity The publique worth of a man, which is the Value set on him by the Common-wealth, is that which men commonly call DIGNITY

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And this Value of him by the Common-wealth, is understood, by offices of Command, Judicature, publike Employment; or by Names and Titles, introduced for distinction of such Value

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So that of Civill Honour; such as are Magistracy, Offices, Titles; and in some places Coats, and Scutchions painted: and men Honour such as have them, as having so many signes of favour in the Common-wealth; which favour is Power

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Titles of Honour Titles of Honour, such as are Duke, Count, Marquis, and Baron, are Honourable; as signifying the value set upon them by the Soveraigne Power of the Common-wealth: Which Titles, were in old time titles of Office, and Command, derived some from the Romans, some from the Germans, and French

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In processe of time these offices of Honour, by occasion of trouble, and for reasons of good and peacable government, were turned into meer Titles; serving for the most part, to distinguish the precedence, place, and order of subjects in the Common-wealth: and men were made Dukes, Counts, Marquises, and Barons of Places, wherein they had neither possession, nor command: and other Titles also, were devised to the same end

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[1]: ...And by these, and such other Institutions, they obtayned in order to their end, (which was the peace of the Commonwealth ,) that the common people in their misfortunes, laying the fault on neglect, or errour in their Ceremonies, or on their own disobedience to the lawes,.....

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And by these, and such other Institutions, they obtayned in order to their end, (which was the peace of the commonwealth,) that the common people in their misfortunes, laying the fault on neglect, or errour in their Ceremonies, or on their own disobedience to the lawes, were the lesse apt to mutiny against their Governors

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Justice And Propriety Begin With The Constitution of Common-wealth But because Covenants of mutuall trust, where there is a feare of not performance on either part, (as hath been said in the former Chapter,) are invalid; though the Originall of Justice be the making of Covenants; yet Injustice actually there can be none, till the cause of such feare be taken away; which while men are in the naturall condition of Warre, cannot be done

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Therefore before the names of Just, and Unjust can have place, there must be some coercive Power, to compell men equally to the performance of their Covenants, by the terrour of some punishment, greater than the benefit they expect by the breach of their Covenant; and to make good that Propriety, which by mutuall Contract men acquire, in recompence of the universall Right they abandon: and such power there is none before the erection of a Common-wealth

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" And therefore where there is no Own, that is, no Propriety, there is no Injustice; and where there is no coerceive Power erected, that is, where there is no Common-wealth, there is no Propriety; all men having Right to all things: Therefore where there is no Common-wealth, there nothing is Unjust

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And so also in Common-wealths, private men may remit to one another their debts; but not robberies or other violences, whereby they are endammaged; because the detaining of Debt, is an Injury to themselves; but Robbery and Violence, are Injuries to the Person of the Common-wealth

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OF COMMON-WEALTH CHAPTER XVII

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OF THE CAUSES, GENERATION, AND DEFINITION OF A COMMON-WEALTH The End Of Common-wealth, Particular Security The finall Cause, End, or Designe of men, (who naturally love Liberty, and Dominion over others,) in the introduction of that restraint upon themselves, (in which wee see them live in Common-wealths,) is the foresight of their own preservation, and of a more contented life thereby; that is to say, of getting themselves out from that miserable condition of Warre, which is necessarily consequent (as hath been shewn) to the naturall Passions of men, when there is no visible Power to keep them in awe, and tye them by feare of punishment to the performance of their Covenants, and observation of these Lawes of Nature set down in the fourteenth and fifteenth Chapters

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For if we could suppose a great Multitude of men to consent in the observation of Justice, and other Lawes of Nature, without a common Power to keep them all in awe; we might as well suppose all Man-kind to do the same; and then there neither would be nor need to be any Civill Government, or Common-wealth at all; because there would be Peace without subjection

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Fiftly, irrationall creatures cannot distinguish betweene Injury, and Dammage; and therefore as long as they be at ease, they are not offended with their fellowes: whereas Man is then most troublesome, when he is most at ease: for then it is that he loves to shew his Wisdome, and controule the Actions of them that governe the Common-wealth

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The Generation Of A Common-wealth The only way to erect such a Common Power, as may be able to defend them from the invasion of Forraigners, and the injuries of one another, and thereby to secure them in such sort, as that by their owne industrie, and by the fruites of the Earth, they may nourish themselves and live contentedly; is, to conferre all their power and strength upon one Man, or upon one Assembly of men, that may reduce all their Wills, by plurality of voices, unto one Will: which is as much as to say, to appoint one man, or Assembly of men, to beare their Person; and every one to owne, and acknowledge himselfe to be Author of whatsoever he that so beareth their Person, shall Act, or cause to be Acted, in those things which concerne the Common Peace and Safetie; and therein to submit their Wills, every one to his Will, and their Judgements, to his Judgment

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" This done, the Multitude so united in one Person, is called a COMMON-WEALTH, in latine CIVITAS

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For by this Authoritie, given him by every particular man in the Common-Wealth, he hath the use of so much Power and Strength conferred on him, that by terror thereof, he is inabled to forme the wills of them all, to Peace at home, and mutuall ayd against their enemies abroad

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The Definition Of A Common-wealth And in him consisteth the Essence of the Common-wealth; which (to define it,) is "One Person, of whose Acts a great Multitude, by mutuall Covenants one with another, have made themselves every one the Author, to the end he may use the strength and means of them all, as he shall think expedient, for their Peace and Common Defence

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This later, may be called a Politicall Common-wealth, or Common-wealth by Institution; and the former, a Common-wealth by Acquisition

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And first, I shall speak of a Common-wealth by Institution

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OF THE RIGHTS OF SOVERAIGNES BY INSTITUTION The Act Of Instituting A Common-wealth, What A Common-wealth is said to be Instituted, when a Multitude of men do Agree, and Covenant, Every One With Every One, that to whatsoever Man, or Assembly Of Men, shall be given by the major part, the Right to Present the Person of them all, (that is to say, to be their Representative;) every one, as well he that Voted For It, as he that Voted Against It, shall Authorise all the Actions and Judgements, of that Man, or Assembly of men, in the same manner, as if they were his own, to the end, to live peaceably amongst themselves, and be protected against other men

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The Subjects Cannot Change The Forme Of Government From this Institution of a Common-wealth are derived all the Rights, and Facultyes of him, or them, on whom the Soveraigne Power is conferred by the consent of the People assembled

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And Consequently they that have already Instituted a Common-wealth, being thereby bound by Covenant, to own the Actions, and Judgements of one, cannot lawfully make a new Covenant, amongst themselves, to be obedient to any other, in any thing whatsoever, without his permission

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For he that doth any thing by authority from another, doth therein no injury to him by whose authority he acteth: But by this Institution of a Common-wealth, every particular man is Author of all the Soveraigne doth; and consequently he that complaineth of injury from his Soveraigne, complaineth of that whereof he himselfe is Author; and therefore ought not to accuse any man but himselfe; no nor himselfe of injury; because to do injury to ones selfe, is impossible

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It is true, that in a Common-wealth, where by the negligence, or unskilfullnesse of Governours, and Teachers, false Doctrines are by time generally received; the contrary Truths may be generally offensive; Yet the most sudden, and rough busling in of a new Truth, that can be, does never breake the Peace, but onely somtimes awake the Warre

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[1]: ...iety (or Meum and Tuum) and of Good, Evill, Lawfull and Unlawfull in the actions of subjects, are the Civill Lawes, that is to say, the lawes of each Commonwealth in par Commonwealth in particular; though the name of Civill Law be now restrained to the antient Civill Lawes of the City of Rome; which being the head of a great part .....

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These Rules of Propriety (or Meum and Tuum) and of Good, Evill, Lawfull and Unlawfull in the actions of subjects, are the Civill Lawes, that is to say, the lawes of each commonwealth in particular; though the name of Civill Law be now restrained to the antient Civill Lawes of the City of Rome; which being the head of a great part of the World, her Lawes at that time were in these parts the Civill Law

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For without the decision of Controversies, there is no protection of one Subject, against the injuries of another; the Lawes concerning Meum and Tuum are in vaine; and to every man remaineth, from the naturall and necessary appetite of his own conservation, the right of protecting himselfe by his private strength, which is the condition of Warre; and contrary to the end for which every Common-wealth is instituted

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And Of Rewarding, And Punishing, And That (Where No Former Law hath Determined The Measure Of It) Arbitrary: Eleventhly, to the Soveraign is committed the Power of Rewarding with riches, or honour; and of Punishing with corporall, or pecuniary punishment, or with ignominy every Subject according to the Lawe he hath formerly made; or if there be no Law made, according as he shall judge most to conduce to the encouraging of men to serve the Common-wealth, or deterring of them from doing dis-service to the same

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And Of Honour And Order Lastly, considering what values men are naturally apt to set upon themselves; what respect they look for from others; and how little they value other men; from whence continually arise amongst them, Emulation, Quarrells, Factions, and at last Warre, to the destroying of one another, and diminution of their strength against a Common Enemy; It is necessary that there be Lawes of Honour, and a publique rate of the worth of such men as have deserved, or are able to deserve well of the Common-wealth; and that there be force in the hands of some or other, to put those Lawes in execution

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But it hath already been shown, that not onely the whole Militia, or forces of the Common-wealth; but also the Judicature of all Controversies, is annexed to the Soveraignty

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And commonly they that live under a Monarch, think it the fault of Monarchy; and they that live under the government of Democracy, or other Soveraign Assembly, attribute all the inconvenience to that forme of Common-wealth; whereas the Power in all formes, if they be perfect enough to protect them, is the same; not considering that the estate of Man can never be without some incommodity or other; and that the greatest, that in any forme of Government can possibly happen to the people in generall, is scarce sensible, in respect of the miseries, and horrible calamities, that accompany a Civill Warre; or that dissolute condition of masterlesse men, without subjection to Lawes, and a coercive Power to tye their hands from rapine, and revenge: nor considering that the greatest pressure of Soveraign Governours, proceedeth not from any delight, or profit they can expect in the dammage, or weakening of their subjects, in whose vigor, consisteth their own selves, that unwillingly contributing to their own defence, make it necessary for their Governours to draw from them what they can in time of Peace, that they may have means on any emergent occasion, or sudden need, to resist, or take advantage on their Enemies

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OF THE SEVERALL KINDS OF COMMON-WEALTH BY INSTITUTION, AND OF SUCCESSION TO THE SOVERAIGNE POWER The Different Formes Of Common-wealths But Three The difference of Common-wealths, consisteth in the difference of the Soveraign, or the Person representative of all and every one of the Multitude

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And because the Soveraignty is either in one Man, or in an Assembly of more than one; and into that Assembly either Every man hath right to enter, or not every one, but Certain men distinguished from the rest; it is manifest, there can be but Three kinds of Common-wealth

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When the Representative is One man, then is the Common-wealth a MONARCHY: when an Assembly of All that will come together, then it is a DEMOCRACY, or Popular Common-wealth: when an Assembly of a Part onely, then it is called an ARISTOCRACY

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Other kind of Common-wealth there can be none: for either One, or More, or All must have the Soveraign Power (which I have shewn to be indivisible) entire

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Comparison Of Monarchy, With Soveraign Assemblyes The difference between these three kindes of Common-wealth, consisteth not in the difference of Power; but in the difference of Convenience, or Aptitude to produce the Peace, and Security of the people; for which end they were instituted

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On the other side, there is no great Common-wealth, the Soveraignty whereof is in a great Assembly, which is not, as to consultations of Peace, and Warre, and making of Lawes, in the same condition, as if the Government were in a Child

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Likewise if a Popular, or Aristocraticall Common-wealth, subdue an Enemies Countrie, and govern the same, by a President, Procurator, or other Magistrate; this may seeme perhaps at first sight, to be a Democraticall, or Aristocraticall Government

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For Elective Kings, are not Soveraignes, but Ministers of the Soveraigne; nor limited Kings Soveraignes, but Ministers of them that have the Soveraigne Power: nor are those Provinces which are in subjection to a Democracie, or Aristocracie of another Common-wealth, Democratically, or Aristocratically governed, but Monarchically

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But if he have no Power to elect his Successor, then there is some other Man, or Assembly known, which after his decease may elect a new, or else the Common-wealth dieth, and dissolveth with him, and returneth to the condition of Warre

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And if it be in no particular man, but left to a new choyce; then is the Common-wealth dissolved; and the Right is in him that can get it; contrary to the intention of them that did institute the Common-wealth, for their perpetuall, and not temporary security

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OF DOMINION PATERNALL AND DESPOTICALL 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

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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

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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

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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

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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

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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

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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

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Artificiall Bonds, Or Covenants But as men, for the atteyning of peace, and conservation of themselves thereby, have made an Artificiall Man, which we call a Common-wealth; so also have they made Artificiall Chains, called Civill Lawes, which they themselves, by mutuall covenants, have fastned at one end, to the lips of that Man, or Assembly, to whom they have given the Soveraigne Power; and at the other end to their own Ears

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For seeing there is no Common-wealth in the world, for the regulating of all the actions, and words of men, (as being a thing impossible:) it followeth necessarily, that in all kinds of actions, by the laws praetermitted, men have the Liberty, of doing what their own reasons shall suggest, for the most profitable to themselves

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" In the same manner, the people of Athens, when they banished the most potent of their Common-wealth for ten years, thought they committed no Injustice; and yet they never questioned what crime he had done; but what hurt he would doe: Nay they commanded the banishment of they knew not whom; and every Citizen bringing his Oystershell into the market place, written with the name of him he desired should be banished, without actuall accusing him, sometimes banished an Aristides, for his reputation of Justice; And sometimes a scurrilous Jester, as Hyperbolus, to make a Jest of it

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The Liberty Which Writers Praise, Is The Liberty Of Soveraigns; Not Of Private Men The Libertie, whereof there is so frequent, and honourable mention, in the Histories, and Philosophy of the Antient Greeks, and Romans, and in the writings, and discourse of those that from them have received all their learning in the Politiques, is not the Libertie of Particular men; but the Libertie of the Common-wealth: which is the same with that, which every man then should have, if there were no Civil Laws, nor Common-wealth at all

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For as amongst masterlesse men, there is perpetuall war, of every man against his neighbour; no inheritance, to transmit to the Son, nor to expect from the Father; no propriety of Goods, or Lands; no security; but a full and absolute Libertie in every Particular man: So in States, and Common-wealths not dependent on one another, every Common-wealth, (not every man) has an absolute Libertie, to doe what it shall judge (that is to say, what that Man, or Assemblie that representeth it, shall judge) most conducing to their benefit

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[1]: ...aracters at this day, the word LIBERTAS; yet no man can thence inferre, that a particular man has more Libertie, or Immunitie from the service of the Commonwealth there, than in Constantinople Commonwealth there, than in Constantinople.....

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There is written on the Turrets of the city of Luca in great characters at this day, the word LIBERTAS; yet no man can thence inferre, that a particular man has more Libertie, or Immunitie from the service of the commonwealth there, than in Constantinople

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Whether a Common-wealth be Monarchicall, or Popular, the Freedome is still the same

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Liberty Of The Subject How To Be Measured To come now to the particulars of the true Liberty of a Subject; that is to say, what are the things, which though commanded by the Soveraign, he may neverthelesse, without Injustice, refuse to do; we are to consider, what Rights we passe away, when we make a Common-wealth; or (which is all one,) what Liberty we deny our selves, by owning all the Actions (without exception) of the Man, or Assembly we make our Soveraign

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Nor To Warfare, Unless They Voluntarily Undertake It Upon this ground, a man that is commanded as a Souldier to fight against the enemy, though his Soveraign have Right enough to punish his refusall with death, may neverthelesse in many cases refuse, without Injustice; as when he substituteth a sufficient Souldier in his place: for in this case he deserteth not the service of the Common-wealth

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And when the Defence of the Common-wealth, requireth at once the help of all that are able to bear Arms, every one is obliged; because otherwise the Institution of the Common-wealth, which they have not the purpose, or courage to preserve, was in vain

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To resist the Sword of the Common-wealth, in defence of another man, guilty, or innocent, no man hath Liberty; because such Liberty, takes away from the Soveraign, the means of Protecting us; and is therefore destructive of the very essence of Government

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The Soveraignty is the Soule of the Common-wealth; which once departed from the Body, the members doe no more receive their motion from it

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OF SYSTEMES SUBJECT, POLITICALL, AND PRIVATE The Divers Sorts Of Systemes Of People Having spoken of the Generation, Forme, and Power of a Common-wealth, I am in order to speak next of the parts thereof

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Politicall (otherwise Called Bodies Politique, and Persons In Law,) are those, which are made by authority from the Soveraign Power of the Common-wealth

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And of Private Systemes, some are Lawfull; some Unlawfull: Lawfull, are those which are allowed by the Common-wealth: all other are Unlawfull

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Irregular Systemes, are those which having no Representative, consist only in concourse of People; which if not forbidden by the Common-wealth, nor made on evill designe, (such as are conflux of People to markets, or shews, or any other harmelesse end,) are Lawfull

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[1]: ...And the Soveraign, in every Commonwealth , is the absolute Representative of all the Subjects; and therefore no other, can be Representative of any part of them, but so far forth, as he shall.....

[2]: ...ave to a Body Politique of Subjects, to have an absolute Representative to all intents and purposes, were to abandon the Government of so much of the Commonwealth, and to divide the Dominion, contrary to their Peace and Defence, which the Soveraign cannot be understood to doe, by any Grant, that does not plainly, and directly discharge them of their subjection Commonwealth , and to divide the Dominion, contrary to their Peace and Defence, which the Soveraign cannot be understood to doe, by any Grant, that does not plainl.....

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And the Soveraign, in every commonwealth, is the absolute Representative of all the Subjects; and therefore no other, can be Representative of any part of them, but so far forth, as he shall give leave; And to give leave to a Body Politique of Subjects, to have an absolute Representative to all intents and purposes, were to abandon the Government of so much of the Commonwealth, and to divide the Dominion, contrary to their Peace and Defence, which the Soveraign cannot be understood to doe, by any Grant, that does not plainly, and directly discharge them of their subjection

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One is their Writt, or Letters from the Soveraign: the other is the Law of the Common-wealth

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By Letters Patents For though in the Institution or Acquisition of a Common-wealth, which is independent, there needs no Writing, because the Power of the Representative has there no other bounds, but such as are set out by the unwritten Law of Nature; yet in subordinate bodies, there are such diversities of Limitation necessary, concerning their businesses, times, and places, as can neither be remembred without Letters, nor taken notice of, unlesse such Letters be Patent, that they may be read to them, and withall sealed, or testified, with the Seales, or other permanent signes of the Authority Soveraign

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This word Province signifies a charge, or care of businesse, which he whose businesse it is, committeth to another man, to be administred for, and under him; and therefore when in one Common-wealth there be divers Countries, that have their Lawes distinct one from another, or are farre distant in place, the Administration of the Government being committed to divers persons, those Countries where the Soveraign is not resident, but governs by Commission, are called Provinces

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On the contrary, by the sole selling of the native commodities abroad, and sole buying the forraign commodities upon the place, they raise the price of those, and abate the price of these, to the disadvantage of the forraigner: For where but one selleth, the Merchandise is the dearer; and where but one buyeth the cheaper: Such Corporations therefore are no other then Monopolies; though they would be very profitable for a Common-wealth, if being bound up into one body in forraigne Markets they were at liberty at home, every man to buy, and sell at what price he could

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If the Common-wealth impose a Tax upon the Body, it is understood to be layd upon every member proportionably to his particular adventure in the Company

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If a Mulct be layd upon the Body for some unlawfull act, they only are lyable by whose votes the act was decreed, or by whose assistance it was executed; for in none of the rest is there any other crime but being of the Body; which if a crime, (because the Body was ordeyned by the authority of the Common-wealth,) is not his

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If one of the Members be indebted to the Body, he may be sued by the Body; but his goods cannot be taken, nor his person imprisoned by the authority of the Body; but only by Authority of the Common-wealth: for if they can doe it by their own Authority, they can by their own Authority give judgement that the debt is due, which is as much as to be Judge in their own Cause

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For the Father, and Master being before the Institution of Common-wealth, absolute Soveraigns in their own Families, they lose afterward no more of their Authority, than the Law of the Common-wealth taketh from them

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Private Bodies Regular, But Unlawfull Private Bodies Regular, but Unlawfull, are those that unite themselves into one person Representative, without any publique Authority at all; such as are the Corporations of Beggars, Theeves and Gipsies, the better to order their trade of begging, and stealing; and the Corporations of men, that by Authority from any forraign Person, unite themselves in anothers Dominion, for easier propagation of Doctrines, and for making a party, against the Power of the Common-wealth

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The Leagues of Subjects, (because Leagues are commonly made for mutuall defence,) are in a Common-wealth (which is no more than a League of all the Subjects together) for the most part unnecessary, and savour of unlawfull designe; and are for that cause Unlawfull, and go commonly by the name of factions, or Conspiracies

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But Leagues of the Subjects of one and the same Common-wealth, where every one may obtain his right by means of the Soveraign Power, are unnecessary to the maintaining of Peace and Justice, and (in case the designe of them be evill, or Unknown to the Common-wealth) unlawfull

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For having the protection of the Common-wealth, he needeth not the defence of private force

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And whereas in Nations not throughly civilized, severall numerous Families have lived in continuall hostility, and invaded one another with private force; yet it is evident enough, that they have done unjustly; or else that they had no Common-wealth

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OF THE PUBLIQUE MINISTERS OF SOVERAIGN POWER In the last Chapter I have spoken of the Similar parts of a Common-wealth; In this I shall speak of the parts Organicall, which are Publique Ministers

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Publique Minister Who A PUBLIQUE MINISTER, is he, that by the Soveraign, (whether a Monarch, or an Assembly,) is employed in any affaires, with Authority to represent in that employment, the Person of the Common-wealth

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And whereas every man, or assembly that hath Soveraignty, representeth two Persons, or (as the more common phrase is) has two Capacities, one Naturall, and another Politique, (as a Monarch, hath the person not onely of the Common-wealth, but also of a man; and a Soveraign Assembly hath the Person not onely of the Common-wealth, but also of the Assembly); they that be servants to them in their naturall Capacity, are not Publique Ministers; but those onely that serve them in the Administration of the Publique businesse

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For Speciall Administration, As For Oeconomy Others have speciall Administration; that is to say, charges of some speciall businesse, either at home, or abroad: As at home, First, for the Oeconomy of a Common-wealth, They that have Authority concerning the Treasure, as Tributes, Impositions, Rents, Fines, or whatsoever publique revenue, to collect, receive, issue, or take the Accounts thereof, are Publique Ministers: Ministers, because they serve the Person Representative, and can doe nothing against his Command, nor without his Authority: Publique, because they serve him in his Politicall Capacity

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But a Souldier without Command, though he fight for the Common-wealth, does not therefore represent the Person of it; because there is none to represent it to

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So that having his own Judges, there could be nothing alledged by the party, why the sentence should not be finall, These publique persons, with Authority from the Soveraign Power, either to Instruct, or Judge the people, are such members of the Common-wealth, as may fitly be compared to the organs of Voice in a Body naturall

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For every act they doe by such Authority, is the act of the Common-wealth; and their service, answerable to that of the Hands, in a Bodie naturall

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But such as are sent by Authoritie only of some private partie of a troubled State, though they be received, are neither Publique, nor Private Ministers of the Common-wealth; because none of their actions have the Common-wealth for Author

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Also if a man be sent into another Country, secretly to explore their counsels, and strength; though both the Authority, and the Businesse be Publique; yet because there is none to take notice of any Person in him, but his own; he is but a Private Minister; but yet a Minister of the Common-wealth; and may be compared to an Eye in the Body naturall

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OF THE NUTRITION, AND PROCREATION OF A COMMON-WEALTH The Nourishment Of A Common-wealth Consisteth In The Commodities Of Sea And Land The NUTRITION of a Common-wealth consisteth, in the Plenty, and Distribution of Materials conducing to Life: In Concoction, or Preparation; and (when concocted) in the Conveyance of it, by convenient conduits, to the Publique use

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This Matter, commonly called Commodities, is partly Native, and partly Forraign: Native, that which is to be had within the Territory of the Common-wealth; Forraign, that which is imported from without

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And because there is no Territory under the Dominion of one Common-wealth, (except it be of very vast extent,) that produceth all things needfull for the maintenance, and motion of the whole Body; and few that produce not something more than necessary; the superfluous commodities to be had within, become no more superfluous, but supply these wants at home, by importation of that which may be had abroad, either by Exchange, or by just Warre, or by Labour: for a mans Labour also, is a commodity exchangeable for benefit, as well as any other thing: And there have been Common-wealths that having no more Territory, than hath served them for habitation, have neverthelesse, not onely maintained, but also encreased their Power, partly by the labour of trading from one place to another, and partly by selling the Manifactures, whereof the Materials were brought in from other places

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And The Right Of Distribution Of Them The Distribution of the Materials of this Nourishment, is the constitution of Mine, and Thine, and His, that is to say, in one word Propriety; and belongeth in all kinds of Common-wealth to the Soveraign Power

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For where there is no Common-wealth, there is, (as hath been already shewn) a perpetuall warre of every man against his neighbour; And therefore every thing is his that getteth it, and keepeth it by force; which is neither Propriety nor Community; but Uncertainty

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" Seeing therefore the Introduction of Propriety is an effect of Common-wealth; which can do nothing but by the Person that Represents it, it is the act onely of the Soveraign; and consisteth in the Lawes, which none can make that have not the Soveraign Power

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The Children of Israel, were a Common-wealth in the Wildernesse; but wanted the commodities of the Earth, till they were masters of the Land of Promise; which afterward was divided amongst them, not by their own discretion, but by the discretion of Eleazar the Priest, and Joshua their Generall: who when there were twelve Tribes, making them thirteen by subdivision of the Tribe of Joseph; made neverthelesse but twelve portions of the Land; and ordained for the Tribe of Levi no land; but assigned them the Tenth part of the whole fruits; which division was therefore Arbitrary

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For seeing the Soveraign, that is to say, the Common-wealth (whose Person he representeth,) is understood to do nothing but in order to the common Peace and Security, this Distribution of lands, is to be understood as done in order to the same: And consequently, whatsoever Distribution he shall make in prejudice thereof, is contrary to the will of every subject, that committed his Peace, and safety to his discretion, and conscience; and therefore by the will of every one of them, is to be reputed voyd

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The Publique Is Not To Be Dieted In the Distribution of land, the Common-wealth it selfe, may be conceived to have a portion, and possesse, and improve the same by their Representative; and that such portion may be made sufficient, to susteine the whole expence to the common Peace, and defence necessarily required: Which were very true, if there could be any Representative conceived free from humane passions, and infirmities

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But the nature of men being as it is, the setting forth of Publique Land, or of any certaine Revenue for the Common-wealth, is in vaine; and tendeth to the dissolution of Government, and to the condition of meere Nature, and War, assoon as ever the Soveraign Power falleth into the hands of a Monarch, or of an Assembly, that are either too negligent of mony, or too hazardous in engaging the publique stock, into a long, or costly war

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Or if those publique Lands, and Services, were ordained as a sufficient maintenance of the Common-wealth, it was contrary to the scope of the Institution; being (as it appeared by those ensuing Taxes) insufficient, and (as it appeares by the late Revenue of the Crown) Subject to Alienation, and Diminution

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It is therefore in vaine, to assign a portion to the Common-wealth; which may sell, or give it away; and does sell, and give it away when tis done by their Representative

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For if it did belong to private persons to use their own discretion therein, some of them would bee drawn for gaine, both to furnish the enemy with means to hurt the Common-wealth, and hurt it themselves, by importing such things, as pleasing mens appetites, be neverthelesse noxious, or at least unprofitable to them

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And therefore it belongeth to the Common-wealth, (that is, to the Soveraign only,) to approve, or disapprove both of the places, and matter of forraign Traffique

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The Laws Of Transferring Property Belong Also To The Soveraign Further, seeing it is not enough to the Sustentation of a Common-wealth, that every man have a propriety in a portion of Land, or in some few commodities, or a naturall property in some usefull art, and there is no art in the world, but is necessary either for the being, or well being almost of every particular man; it is necessary, that men distribute that which they can spare, and transferre their propriety therein, mutually one to another, by exchange, and mutuall contract

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And therefore it belongeth to the Common-wealth, (that is to say, to the Soveraign,) to appoint in what manner, all kinds of contract between Subjects, (as buying, selling, exchanging, borrowing, lending, letting, and taking to hire,) are to bee made; and by what words, and signes they shall be understood for valid

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And for the Matter, and Distribution of the Nourishment, to the severall Members of the Common-wealth, thus much (considering the modell of the whole worke) is sufficient

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Mony The Bloud Of A Common-wealth By Concoction, I understand the reducing of all commodities, which are not presently consumed, but reserved for Nourishment in time to come, to some thing of equal value, and withall so portably, as not to hinder the motion of men from place to place; to the end a man may have in what place soever, such Nourishment as the place affordeth

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For Gold and Silver, being (as it happens) almost in all Countries of the world highly valued, is a commodious measure for the value of all things else between Nations; and Mony (of what matter soever coyned by the Soveraign of a Common-wealth,) is a sufficient measure of the value of all things else, between the Subjects of that Common-wealth

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By the means of which measures, all commodities, Moveable, and Immoveable, are made to accompany a man, to all places of his resort, within and without the place of his ordinary residence; and the same passeth from Man to Man, within the Common-wealth; and goes round about, Nourishing (as it passeth) every part thereof; In so much as this Concoction, is as it were the Sanguification of the Common-wealth: For naturall Bloud is in like manner made of the fruits of the Earth; and circulating, nourisheth by the way, every Member of the Body of Man

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The Children Of A Common-wealth Colonies The Procreation, or Children of a Common-wealth, are those we call Plantations, or Colonies; which are numbers of men sent out from the Common-wealth, under a Conductor, or Governour, to inhabit a Forraign Country, either formerly voyd of Inhabitants, or made voyd then, by warre

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And when a Colony is setled, they are either a Common-wealth of themselves, discharged of their subjection to their Soveraign that sent them, (as hath been done by many Common-wealths of antient time,) in which case the Common-wealth from which they went was called their Metropolis, or Mother, and requires no more of them, then Fathers require of the Children, whom they emancipate, and make free from their domestique government, which is Honour, and Friendship; or else they remain united to their Metropolis, as were the Colonies of the people of Rome; and then they are no Common-wealths themselves, but Provinces, and parts of the Common-wealth that sent them

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But if one Subject giveth Counsell to another, to do any thing contrary to the Lawes, whether that Counsell proceed from evill intention, or from ignorance onely, it is punishable by the Common-wealth; because ignorance of the Law, is no good excuse, where every man is bound to take notice of the Lawes to which he is subject

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For Experience, being but Memory of the consequences of like actions formerly observed, and Counsell but the Speech whereby that experience is made known to another; the Vertues, and Defects of Counsell, are the same with the Vertues, and Defects Intellectuall: And to the Person of a Common-wealth, his Counsellours serve him in the place of Memory, and Mentall Discourse

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But with this resemblance of the Common-wealth, to a naturall man, there is one dissimilitude joyned, of great importance; which is, that a naturall man receiveth his experience, from the naturall objects of sense, which work upon him without passion, or interest of their own; whereas they that give Counsell to the Representative person of a Common-wealth, may have, and have often their particular ends, and passions, that render their Counsells alwayes suspected, and many times unfaithfull

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Thirdly, Because the Ability of Counselling proceedeth from Experience, and long study; and no man is presumed to have experience in all those things that to the Administration of a great Common-wealth are necessary to be known, No Man Is Presumed To Be A Good Counsellour, But In Such Businesse, As He Hath Not Onely Been Much Versed In, But Hath Also Much Meditated On, And Considered

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For seeing the businesse of a Common-wealth is this, to preserve the people at home, and defend them against forraign Invasion, we shall find, it requires great knowledge of the disposition of Man-kind, of the Rights of Government, and of the nature of Equity, Law, Justice, and Honour, not to be attained without study; And of the Strength, Commodities, Places, both of their own Country, and their Neighbours; as also of the inclinations, and designes of all Nations that may any way annoy them

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Fourthly, to be able to give Counsell to a Common-wealth, in a businesse that hath reference to another Common-wealth, It Is Necessary To Be Acquainted With The Intelligences, And Letters That Come From Thence, And With All The Records Of Treaties, And Other Transactions Of State Between Them; which none can doe, but such as the Representative shall think fit

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For the Passions of men, which asunder are moderate, as the heat of one brand; in Assembly are like many brands, that enflame one another, (especially when they blow one another with Orations) to the setting of the Common-wealth on fire, under pretence of Counselling it

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Otherwise, because many eyes see the same thing in divers lines, and are apt to look asquint towards their private benefit; they that desire not to misse their marke, though they look about with two eyes, yet they never ayme but with one; And therefore no great Popular Common-wealth was ever kept up; but either by a forraign Enemy that united them; or by the reputation of some one eminent Man amongst them; or by the secret Counsell of a few; or by the mutuall feare of equall factions; and not by the open Consultations of the Assembly

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OF CIVILL LAWES Civill Law what By CIVILL LAWES, I understand the Lawes, that men are therefore bound to observe, because they are Members, not of this, or that Common-wealth in particular, but of a Common-wealth

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The antient Law of Rome was called their Civil Law, from the word Civitas, which signifies a Common-wealth; And those Countries, which having been under the Roman Empire, and governed by that Law, retaine still such part thereof as they think fit, call that part the Civill Law, to distinguish it from the rest of their own Civill Lawes

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And as for Civill Law, it addeth only the name of the person Commanding, which is Persona Civitatis, the Person of the Common-wealth

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"CIVILL LAW, Is to every Subject, those Rules, which the Common-wealth hath Commanded him, by Word, Writing, or other sufficient Sign of the Will, to make use of, for the Distinction of Right, and Wrong; that is to say, of what is contrary, and what is not contrary to the Rule

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Likewise, that none can make Lawes but the Common-wealth; because our Subjection is to the Common-wealth only: and that Commands, are to be signified by sufficient Signs; because a man knows not otherwise how to obey them

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And the Common-wealth only, praescribes, and commandeth the observation of those rules, which we call Law: Therefore the Common-wealth is the Legislator

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But the Common-wealth is no Person, nor has capacity to doe any thing, but by the Representative, (that is, the Soveraign;) and therefore the Soveraign is the sole Legislator

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The Soveraign of a Common-wealth, be it an Assembly, or one Man, is not subject to the Civill Lawes

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When a Common-wealth is once settled, then are they actually Lawes, and not before; as being then the commands of the Common-wealth; and therefore also Civill Lawes: for it is the Soveraign Power that obliges men to obey them

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But every subject in a Common-wealth, hath covenanted to obey the Civill Law, (either one with another, as when they assemble to make a common Representative, or with the Representative it selfe one by one, when subdued by the Sword they promise obedience, that they may receive life;) And therefore Obedience to the Civill Law is part also of the Law of Nature

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If the Soveraign of one Common-wealth, subdue a people that have lived under other written Lawes, and afterwards govern them by the same Lawes, by which they were governed before; yet those Lawes are the Civill Lawes of the Victor, and not of the Vanquished Common-wealth, For the Legislator is he, not by whose authority the Lawes were first made, but by whose authority they now continue to be Lawes

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And therefore where there be divers Provinces, within the Dominion of a Common-wealth, and in those Provinces diversity of Lawes, which commonly are called the Customes of each severall Province, we are not to understand that such Customes have their Force, onely from Length of Time; but that they were antiently Lawes written, or otherwise made known, for the Constitutions, and Statutes of their Soveraigns; and are now Lawes, not by vertue of the Praescription of time, but by the Constitutions of their present Soveraigns

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Seeing then all Lawes, written, and unwritten, have their Authority, and force, from the Will of the Common-wealth; that is to say, from the Will of the Representative; which in a Monarchy is the Monarch, and in other Common-wealths the Soveraign Assembly; a man may wonder from whence proceed such opinions, as are found in the Books of Lawyers of eminence in severall Common-wealths, directly, or by consequence making the Legislative Power depend on private men, or subordinate Judges

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Item, that the two arms of a Common-wealth, are Force, and Justice; The First Whereof Is In The King; The Other Deposited In The Hands Of The Parlament

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As if a Common-wealth could consist, where the Force were in any hand, which Justice had not the Authority to command and govern

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) For it is possible long study may encrease, and confirm erroneous Sentences: and where men build on false grounds, the more they build, the greater is the ruine; and of those that study, and observe with equall time, and diligence, the reasons and resolutions are, and must remain discordant: and therefore it is not that Juris Prudentia, or wisedome of subordinate Judges; but the Reason of this our Artificiall Man the Common-wealth, and his Command, that maketh Law: And the Common-wealth being in their Representative but one Person, there cannot easily arise any contradiction in the Lawes; and when there doth, the same Reason is able, by interpretation, or alteration, to take it away

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In all Courts of Justice, the Soveraign (which is the Person of the Common-wealth,) is he that Judgeth: The subordinate Judge, ought to have regard to the reason, which moved his Soveraign to make such Law, that his Sentence may be according thereunto; which then is his Soveraigns Sentence; otherwise it is his own, and an unjust one

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From this, that the Law is a Command, and a Command consisteth in declaration, or manifestation of the will of him that commandeth, by voyce, writing, or some other sufficient argument of the same, we may understand, that the Command of the Common-wealth, is Law onely to those, that have means to take notice of it

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Over naturall fooles, children, or mad-men there is no Law, no more than over brute beasts; nor are they capable of the title of just, or unjust; because they had never power to make any covenant, or to understand the consequences thereof; and consequently never took upon them to authorise the actions of any Soveraign, as they must do that make to themselves a Common-wealth

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For the will of another, cannot be understood, but by his own word, or act, or by conjecture taken from his scope and purpose; which in the person of the Common-wealth, is to be supposed alwaies consonant to Equity and Reason

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The Author, or Legislator is supposed in every Common-wealth to be evident, because he is the Soveraign, who having been Constituted by the consent of every one, is supposed by every one to be sufficiently known

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And though the ignorance, and security of men be such, for the most part, as that when the memory of the first Constitution of their Common-wealth is worn out, they doe not consider, by whose power they use to be defended against their enemies, and to have their industry protected, and to be righted when injury is done them; yet because no man that considers, can make question of it, no excuse can be derived from the ignorance of where the Soveraignty is placed

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The Authenticall Interpretation Of Law Is Not That Of Writers The Interpretation of the Lawes of Nature, in a Common-wealth, dependeth not on the books of Morall Philosophy

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The Authority of writers, without the Authority of the Common-wealth, maketh not their opinions Law, be they never so true

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For every Judge of Right, and Wrong, is not Judge of what is Commodious, or Incommodious to the Common-wealth

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Upon what ground, but on this submission of their own, "Speak thou to us, and we will heare thee; but let not God speak to us, lest we dye?" By which two places it sufficiently appeareth, that in a Common-wealth, a subject that has no certain and assured Revelation particularly to himself concerning the Will of God, is to obey for such, the Command of the Common-wealth: for if men were at liberty, to take for Gods Commandements, their own dreams, and fancies, or the dreams and fancies of private men; scarce two men would agree upon what is Gods Commandement; and yet in respect of them, every man would despise the Commandements of the Common-wealth

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I conclude therefore, that in all things not contrary to the Morall Law, (that is to say, to the Law of Nature,) all Subjects are bound to obey that for divine Law, which is declared to be so, by the Lawes of the Common-wealth

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Besides, there is no place in the world where men are permitted to pretend other Commandements of God, than are declared for such by the Common-wealth

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For in whatsoever is not regulated by the Common-wealth, tis Equity (which is the Law of Nature, and therefore an eternall Law of God) that every man equally enjoy his liberty

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A Fundamentall Law What For a Fundamentall Law in every Common-wealth is that, which being taken away, the Common-wealth faileth, and is utterly dissolved; as a building whose Foundation is destroyed

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And therefore a Fundamentall Law is that, by which Subjects are bound to uphold whatsoever power is given to the Soveraign, whether a Monarch, or a Soveraign Assembly, without which the Common-wealth cannot stand, such as is the power of War and Peace, of Judicature, of Election of Officers, and of doing whatsoever he shall think necessary for the Publique good

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Not Fundamentall is that the abrogating whereof, draweth not with it the dissolution of the Common-Wealth; such as are the Lawes Concerning Controversies between subject and subject

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A Law may be made to bind All the Subjects of a Common-wealth: a Liberty, or Charter is only to One man, or some One part of the people

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For to say all the people of a Common-wealth, have Liberty in any case whatsoever; is to say, that in such case, there hath been no Law made; or else having been made, is now abrogated

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Ignorance Of The Penalty Excuseth Not Ignorance of the Penalty, where the Law is declared, Excuseth no man: For in breaking the Law, which without a fear of penalty to follow, were not a Law, but vain words, he undergoeth the penalty, though he know not what it is; because, whosoever voluntarily doth any action, accepteth all the known consequences of it; but Punishment is a known consequence of the violation of the Lawes, in every Common-wealth; which punishment, if it be determined already by the Law, he is subject to that; if not, then is he subject to Arbitrary punishment

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First, by Presumption of false Principles; as when men from having observed how in all places, and in all ages, unjust Actions have been authorised, by the force, and victories of those who have committed them; and that potent men, breaking through the Cob-web Lawes of their Country, the weaker sort, and those that have failed in their Enterprises, have been esteemed the onely Criminals; have thereupon taken for Principles, and grounds of their Reasoning, "That Justice is but a vain word: That whatsoever a man can get by his own Industry, and hazard, is his own: That the Practice of all Nations cannot be unjust: That examples of former times are good Arguments of doing the like again;" and many more of that kind: Which being granted, no Act in it selfe can be a Crime, but must be made so (not by the Law, but) by the successe of them that commit it; and the same Fact be vertuous, or vicious, as Fortune pleaseth; so that what Marius makes a Crime, Sylla shall make meritorious, and Caesar (the same Lawes standing) turn again into a Crime, to the perpetuall disturbance of the Peace of the Common-wealth

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For of them that are the first movers in the disturbance of Common-wealth, (which can never happen without a Civill Warre,) very few are left alive long enough, to see their new Designes established: so that the benefit of their Crimes, redoundeth to Posterity, and such as would least have wished it: which argues they were not as wise, as they thought they were

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A man is assaulted, fears present death, from which he sees not how to escape, but by wounding him that assaulteth him; If he wound him to death, this is no Crime; because no man is supposed at the making of a Common-wealth, to have abandoned the defence of his life, or limbes, where the Law cannot arrive time enough to his assistance

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For (as I have shewn before in the second Chapter) Dreams be naturally but the fancies remaining in sleep, after the impressions our Senses had formerly received waking; and when men are by any accident unassured they have slept, seem to be reall Visions; and therefore he that presumes to break the Law upon his own, or anothers Dream, or pretended Vision, or upon other Fancy of the power of Invisible Spirits, than is permitted by the Common-wealth, leaveth the Law of Nature, which is a certain offence, and followeth the imagery of his own, or another private mans brain, which he can never know whether it signifieth any thing, or nothing, nor whether he that tells his Dream, say true, or lye; which if every private man should have leave to do, (as they must by the Law of Nature, if any one have it) there could no Law be made to hold, and so all Common-wealth would be dissolved

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If that Man, or Assembly, that hath the Soveraign Power, disclaime any Right essentiall to the Soveraignty, whereby there accrueth to the Subject, any liberty inconsistent with the Soveraign Power, that is to say, with the very being of a Common-wealth, if the Subject shall refuse to obey the Command in any thing, contrary to the liberty granted, this is neverthelesse a Sinne, and contrary to the duty of the Subject: for he ought to take notice of what is inconsistent with the Soveraignty, because it was erected by his own consent, and for his own defence; and that such liberty as is inconsistent with it, was granted through ignorance of the evill consequence thereof

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Evill Teachers, Extenuate Hee, whose errour proceeds from the authority of a Teacher, or an Interpreter of the Law publiquely authorised, is not so faulty, as he whose errour proceedeth from a peremptory pursute of his own principles, and reasoning: For what is taught by one that teacheth by publique Authority, the Common-wealth teacheth, and hath a resemblance of Law, till the same Authority controuleth it; and in all Crimes that contain not in them a denyall of the Soveraign Power, nor are against an evident Law, Excuseth totally: whereas he that groundeth his actions, on his private Judgement, ought according to the rectitude, or errour thereof, to stand, or fall

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To maintain doctrines contrary to the Religion established in the Common-wealth, is a greater fault, in an authorised Preacher, than in a private person: So also is it, to live prophanely, incontinently, or do any irreligious act whatsoever

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Laesae Majestas Also Facts of Hostility against the present state of the Common-wealth, are greater Crimes, than the same acts done to private men; For the dammage extends it selfe to all: Such are the betraying of the strengths, or revealing of the secrets of the Common-wealth to an Enemy; also all attempts upon the Representative of the Common-wealth, be it a monarch, or an Assembly; and all endeavours by word, or deed to diminish the Authority of the same, either in the present time, or in succession: which Crimes the Latines understand by Crimina Laesae Majestatis, and consist in designe, or act, contrary to a Fundamentall Law

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Publique Crimes What Lastly, because in almost all Crimes there is an Injury done, not onely to some Private man, but also to the Common-wealth; the same Crime, when the accusation is in the name of the Common-wealth, is called Publique Crime; and when in the name of a Private man, a Private Crime; And the Pleas according thereunto called Publique, Judicia Publica, Pleas of the Crown; or Private Pleas

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In the making of a Common-wealth, every man giveth away the right of defending another; but not of defending himselfe

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It is manifest therefore that the Right which the Common-wealth (that is, he, or they that represent it) hath to Punish, is not grounded on any concession, or gift of the Subjects

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But I have also shewed formerly, that before the Institution of Common-wealth, every man had a right to every thing, and to do whatsoever he thought necessary to his own preservation; subduing, hurting, or killing any man in order thereunto

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And this is the foundation of that right of Punishing, which is exercised in every Common-wealth

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The Representative Of The Common-wealth Unpunishable Tenthly, Hurt inflicted on the Representative of the Common-wealth, is not Punishment, but an act of Hostility: Because it is of the nature of Punishment, to be inflicted by publique Authority, which is the Authority only of the Representative it self

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From whence it followeth, that if a subject shall by fact, or word, wittingly, and deliberatly deny the authority of the Representative of the Common-wealth, (whatsoever penalty hath been formerly ordained for Treason,) he may lawfully be made to suffer whatsoever the Representative will: For in denying subjection, he denyes such Punishment as by the Law hath been ordained; and therefore suffers as an enemy of the Common-wealth; that is, according to the will of the Representative

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Ignominy Ignominy, is the infliction of such Evill, as is made Dishonorable; or the deprivation of such Good, as is made Honourable by the Common-wealth

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For there be some things Honorable by Nature; as the effects of Courage, Magnanimity, Strength, Wisdome, and other abilities of body and mind: Others made Honorable by the Common-wealth; as Badges, Titles, Offices, or any other singular marke of the Soveraigns favour

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Exile Exile, (Banishment) is when a man is for a crime, condemned to depart out of the dominion of the Common-wealth, or out of a certaine part thereof; and during a prefixed time, or for ever, not to return into it: and seemeth not in its own nature, without other circumstances, to be a Punishment; but rather an escape, or a publique commandement to avoid Punishment by flight

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For if a man banished, be neverthelesse permitted to enjoy his Goods, and the Revenue of his Lands, the meer change of ayr is no punishment; nor does it tend to that benefit of the Common-wealth, for which all Punishments are ordained, (that is to say, to the forming of mens wils to the observation of the Law;) but many times to the dammage of the Common-wealth

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For a Banished man, is a lawfull enemy of the Common-wealth that banished him; as being no more a Member of the same

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It is therefore a violation, First, of that Law of Nature, which forbiddeth all men, in their Revenges, to look at any thing but some future good: For there can arrive no good to the Common-wealth, by Punishing the Innocent

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But The Harme Done To Innocents In War, Not So But the Infliction of what evill soever, on an Innocent man, that is not a Subject, if it be for the benefit of the Common-wealth, and without violation of any former Covenant, is no breach of the Law of Nature

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But against Enemies, whom the Common-wealth judgeth capable to do them hurt, it is lawfull by the originall Right of Nature to make warre; wherein the Sword Judgeth not, nor doth the Victor make distinction of Nocent and Innocent, as to the time past; nor has other respect of mercy, than as it conduceth to the good of his own People

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And upon this ground it is, that also in Subjects, who deliberatly deny the Authority of the Common-wealth established, the vengeance is lawfully extended, not onely to the Fathers, but also to the third and fourth generation not yet in being, and consequently innocent of the fact, for which they are afflicted: because the nature of this offence, consisteth in the renouncing of subjection; which is a relapse into the condition of warre, commonly called Rebellion; and they that so offend, suffer not as Subjects, but as Enemies

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And therefore when the Soveraign of a Common-wealth appointeth a Salary to any publique Office, he that receiveth it, is bound in Justice to performe his office; otherwise, he is bound onely in honour, to acknowledgement, and an endeavour of requitall

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For though men have no lawfull remedy, when they be commanded to quit their private businesse, to serve the publique, without Reward, or Salary; yet they are not bound thereto, by the Law of Nature, nor by the institution of the Common-wealth, unlesse the service cannot otherwise be done; because it is supposed the Soveraign may make use of all their means, insomuch as the most common Souldier, may demand the wages of his warrefare, as a debt

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Benefits Bestowed For Fear, Are Not Rewards The benefits which a Soveraign bestoweth on a Subject, for fear of some power, and ability he hath to do hurt to the Common-wealth, are not properly Rewards; for they are not Salaryes; because there is in this case no contract supposed, every man being obliged already not to do the Common-wealth disservice: nor are they Graces; because they be extorted by feare, which ought not to be incident to the Soveraign Power: but are rather Sacrifices, which the Soveraign (considered in his naturall person, and not in the person of the Common-wealth) makes, for the appeasing the discontent of him he thinks more potent than himselfe; and encourage not to obedience, but on the contrary, to the continuance, and increasing of further extortion

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Salaries Certain And Casuall And whereas some Salaries are certain, and proceed from the publique Treasure; and others uncertain, and casuall, proceeding from the execution of the Office for which the Salary is ordained; the later is in some cases hurtfull to the Common-wealth; as in the case of Judicature

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And thus much shall suffice for the nature of Punishment, and Reward; which are, as it were, the Nerves and Tendons, that move the limbes and joynts of a Common-wealth

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OF THOSE THINGS THAT WEAKEN, OR TEND TO THE DISSOLUTION OF A COMMON-WEALTH Dissolution Of Common-wealths Proceedeth From Imperfect Institution Though nothing can be immortall, which mortals make; yet, if men had the use of reason they pretend to, their Common-wealths might be secured, at least, from perishing by internall diseases

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Amongst the Infirmities therefore of a Common-wealth, I will reckon in the first place, those that arise from an Imperfect Institution, and resemble the diseases of a naturall body, which proceed from a Defectuous Procreation

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Want Of Absolute Power Of which, this is one, "That a man to obtain a Kingdome, is sometimes content with lesse Power, than to the Peace, and defence of the Common-wealth is necessarily required

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So was Thomas Beckett Archbishop of Canterbury, supported against Henry the Second, by the Pope; the subjection of Ecclesiastiques to the Common-wealth, having been dispensed with by William the Conqueror at his reception, when he took an Oath, not to infringe the liberty of the Church

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For whereas the stile of the antient Roman Common-wealth, was, The Senate, and People of Rome; neither Senate, nor People pretended to the whole Power; which first caused the seditions, of Tiberius Gracchus, Caius Gracchus, Lucius Saturnius, and others; and afterwards the warres between the Senate and the People, under Marius and Sylla; and again under Pompey and Caesar, to the Extinction of their Democraty, and the setting up of Monarchy

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Private Judgement Of Good and Evill In the second place, I observe the Diseases of a Common-wealth, that proceed from the poyson of seditious doctrines; whereof one is, "That every private man is Judge of Good and Evill actions

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But otherwise, it is manifest, that the measure of Good and Evill actions, is the Civill Law; and the Judge the Legislator, who is alwayes Representative of the Common-wealth

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From this false doctrine, men are disposed to debate with themselves, and dispute the commands of the Common-wealth; and afterwards to obey, or disobey them, as in their private judgements they shall think fit

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Whereby the Common-wealth is distracted and Weakened

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Therefore, though he that is subject to no Civill Law, sinneth in all he does against his Conscience, because he has no other rule to follow but his own reason; yet it is not so with him that lives in a Common-wealth; because the Law is the publique Conscience, by which he hath already undertaken to be guided

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Otherwise in such diversity, as there is of private Consciences, which are but private opinions, the Common-wealth must needs be distracted, and no man dare to obey the Soveraign Power, farther than it shall seem good in his own eyes

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Subjecting The Soveraign Power To Civill Lawes A fourth opinion, repugnant to the nature of a Common-wealth, is this, "That he that hath the Soveraign Power, is subject to the Civill Lawes

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" It is true, that Soveraigns are all subjects to the Lawes of Nature; because such lawes be Divine, and cannot by any man, or Common-wealth be abrogated

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But to those Lawes which the Soveraign himselfe, that is, which the Common-wealth maketh, he is not subject

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For to be subject to Lawes, is to be subject to the Common-wealth, that is to the Soveraign Representative, that is to himselfe; which is not subjection, but freedome from the Lawes

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Which errour, because it setteth the Lawes above the Soveraign, setteth also a Judge above him, and a Power to punish him; which is to make a new Soveraign; and again for the same reason a third, to punish the second; and so continually without end, to the Confusion, and Dissolution of the Common-wealth

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Attributing Of Absolute Propriety To The Subjects A Fifth doctrine, that tendeth to the Dissolution of a Common-wealth, is, "That every private man has an absolute Propriety in his Goods; such, as excludeth the Right of the Soveraign

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But if the Right of the Soveraign also be excluded, he cannot performe the office they have put him into; which is, to defend them both from forraign enemies, and from the injuries of one another; and consequently there is no longer a Common-wealth

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Dividing Of The Soveraign Power There is a Sixth doctrine, plainly, and directly against the essence of a Common-wealth; and 'tis this, "That the Soveraign Power may be divided

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" For what is it to divide the Power of a Common-wealth, but to Dissolve it; for Powers divided mutually destroy each other

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So the people of the Jewes were stirred up to reject God, and to call upon the Prophet Samuel, for a King after the manner of the Nations; So also the lesser Cities of Greece, were continually disturbed, with seditions of the Aristocraticall, and Democraticall factions; one part of almost every Common-wealth, desiring to imitate the Lacedaemonians; the other, the Athenians

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From the same books, they that live under a Monarch conceive an opinion, that the Subjects in a Popular Common-wealth enjoy Liberty; but that in a Monarchy they are all Slaves

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As here have been Doctors, that hold there be three Soules in a man; so there be also that think there may be more Soules, (that is, more Soveraigns,) than one, in a Common-wealth; and set up a Supremacy against the Soveraignty; Canons against Lawes; and a Ghostly Authority against the Civill; working on mens minds, with words and distinctions, that of themselves signifie nothing, but bewray (by their obscurity) that there walketh (as some think invisibly) another Kingdome, as it were a Kingdome of Fayries, in the dark

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Now seeing it is manifest, that the Civill Power, and the Power of the Common-wealth is the same thing; and that Supremacy, and the Power of making Canons, and granting Faculties, implyeth a Common-wealth; it followeth, that where one is Soveraign, another Supreme; where one can make Lawes, and another make Canons; there must needs be two Common-wealths, of one & the same Subjects; which is a Kingdome divided in it selfe, and cannot stand

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Or, if it be but one Kingdome, either the Civill, which is the Power of the Common-wealth, must be subordinate to the Ghostly; or the Ghostly must be subordinate to the Temporall and then there is no Supremacy but the Temporall

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When therefore these two Powers oppose one another, the Common-wealth cannot but be in great danger of Civill warre, and Dissolution

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For the Civill Authority being more visible, and standing in the cleerer light of naturall reason cannot choose but draw to it in all times a very considerable part of the people: And the Spirituall, though it stand in the darknesse of Schoole distinctions, and hard words; yet because the fear of Darknesse, and Ghosts, is greater than other fears, cannot want a party sufficient to Trouble, and sometimes to Destroy a Common-wealth

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For as in this Disease, there is an unnaturall spirit, or wind in the head that obstructeth the roots of the Nerves, and moving them violently, taketh away the motion which naturally they should have from the power of the Soule in the Brain, and thereby causeth violent, and irregular motions (which men call Convulsions) in the parts; insomuch as he that is seized therewith, falleth down sometimes into the water, and sometimes into the fire, as a man deprived of his senses; so also in the Body Politique, when the Spirituall power, moveth the Members of a Common-wealth, by the terrour of punishments, and hope of rewards (which are the Nerves of it,) otherwise than by the Civill Power (which is the Soule of the Common-wealth) they ought to be moved; and by strange, and hard words suffocates the people, and either Overwhelm the Common-wealth with Oppression, or cast it into the Fire of a Civill warre

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Mixt Government Sometimes also in the meerly Civill government, there be more than one Soule: As when the Power of levying mony, (which is the Nutritive faculty,) has depended on a generall Assembly; the Power of conduct and command, (which is the Motive Faculty,) on one man; and the Power of making Lawes, (which is the Rationall faculty,) on the accidentall consent, not onely of those two, but also of a third; This endangereth the Common-wealth, somtimes for want of consent to good Lawes; but most often for want of such Nourishment, as is necessary to Life, and Motion

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For although few perceive, that such government, is not government, but division of the Common-wealth into three Factions, and call it mixt Monarchy; yet the truth is, that it is not one independent Common-wealth, but three independent Factions; nor one Representative Person, but three

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To what Disease in the Naturall Body of man, I may exactly compare this irregularity of a Common-wealth, I know not

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Want Of Mony Hitherto I have named such Diseases of a Common-wealth, as are of the greatest, and most present danger

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As first, the difficulty of raising Mony, for the necessary uses of the Common-wealth; especially in the approach of warre

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From whence it commeth to passe, that the Soveraign Power, which foreseeth the necessities and dangers of the Common-wealth, (finding the passage of mony to the publique Treasure obstructed, by the tenacity of the people,) whereas it ought to extend it selfe, to encounter, and prevent such dangers in their beginnings, contracteth it selfe as long as it can, and when it cannot longer, struggles with the people by strategems of Law, to obtain little summes, which not sufficing, he is fain at last violently to open the way for present supply, or Perish; and being put often to these extremities, at last reduceth the people to their due temper; or else the Common-wealth must perish

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Monopolies And Abuses Of Publicans Again, there is sometimes in a Common-wealth, a Disease, which resembleth the Pleurisie; and that is, when the Treasure of the Common-wealth, flowing out of its due course, is gathered together in too much abundance, in one, or a few private men, by Monopolies, or by Farmes of the Publique Revenues; in the same manner as the Blood in a Pleurisie, getting into the Membrane of the breast, breedeth there an Inflammation, accompanied with a Fever, and painfull stitches

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Popular Men Also, the Popularity of a potent Subject, (unlesse the Common-wealth have very good caution of his fidelity,) is a dangerous Disease; because the people (which should receive their motion from the Authority of the Soveraign,) by the flattery, and by the reputation of an ambitious man, are drawn away from their obedience to the Lawes, to follow a man, of whose vertues, and designes they have no knowledge

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Excessive Greatnesse Of A Town, Multitude Of Corporations Another infirmity of a Common-wealth, is the immoderate greatnesse of a Town, when it is able to furnish out of its own Circuit, the number, and expence of a great Army: As also the great number of Corporations; which are as it were many lesser Common-wealths in the bowels of a greater, like wormes in the entrayles of a naturall man

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Liberty Of Disputing Against Soveraign Power To which may be added, the Liberty of Disputing against absolute Power, by pretenders to Politicall Prudence; which though bred for the most part in the Lees of the people; yet animated by False Doctrines, are perpetually medling with the Fundamentall Lawes, to the molestation of the Common-wealth; like the little Wormes, which Physicians call Ascarides

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Dissolution Of The Common-wealth Lastly, when in a warre (forraign, or intestine,) the enemies got a final Victory; so as (the forces of the Common-wealth keeping the field no longer) there is no farther protection of Subjects in their loyalty; then is the Common-wealth DISSOLVED, and every man at liberty to protect himselfe by such courses as his own discretion shall suggest unto him

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For the Soveraign, is the publique Soule, giving Life and Motion to the Common-wealth; which expiring, the Members are governed by it no more, than the Carcasse of a man, by his departed (though Immortal) Soule

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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All breaches of the Law, are offences against the Common-wealth: but there be some, that are also against private Persons

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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For without those Essentiall Rights, (as I have often before said,) the Common-wealth cannot at all subsist

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OF THE KINGDOME OF GOD BY NATURE The Scope Of The Following Chapters That the condition of meer Nature, that is to say, of absolute Liberty, such as is theirs, that neither are Soveraigns, nor Subjects, is Anarchy, and the condition of Warre: That the Praecepts, by which men are guided to avoyd that condition, are the Lawes of Nature: That a Common-wealth, without Soveraign Power, is but a word, without substance, and cannot stand: That Subjects owe to Soveraigns, simple Obedience, in all things, wherein their obedience is not repugnant to the Lawes of God, I have sufficiently proved, in that which I have already written

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For without that, a man knows not, when he is commanded any thing by the Civill Power, whether it be contrary to the Law of God, or not: and so, either by too much civill obedience, offends the Divine Majesty, or through feare of offending God, transgresses the commandements of the Common-wealth

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Publique, is the Worship that a Common-wealth performeth, as one Person

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Publique, in respect of the whole Common-wealth, is Free; but in respect of Particular men it is not so

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Hence followeth, That the name of God is not to be used rashly, and to no purpose; for that is as much, as in Vain: And it is to no purpose; unlesse it be by way of Oath, and by order of the Common-wealth, to make Judgements certain; or between Common-wealths, to avoyd Warre

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Publique Worship Consisteth In Uniformity But seeing a Common-wealth is but one Person, it ought also to exhibite to God but one Worship; which then it doth, when it commandeth it to be exhibited by Private men, Publiquely

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And therefore, where many sorts of Worship be allowed, proceeding from the different Religions of Private men, it cannot be said there is any Publique Worship, nor that the Common-wealth is of any Religion at all

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All Attributes Depend On The Lawes Civill And because words (and consequently the Attributes of God) have their signification by agreement, and constitution of men; those Attributes are to be held significative of Honour, that men intend shall so be; and whatsoever may be done by the wills of particular men, where there is no Law but Reason, may be done by the will of the Common-wealth, by Lawes Civill

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And because a Common-wealth hath no Will, nor makes no Lawes, but those that are made by the Will of him, or them that have the Soveraign Power; it followeth, that those Attributes which the Soveraign ordaineth, in the Worship of God, for signes of Honour, ought to be taken and used for such, by private men in their publique Worship

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But whereas there be an infinite number of Actions, and Gestures, of an indifferent nature; such of them as the Common-wealth shall ordain to be Publiquely and Universally in use, as signes of Honour, and part of Gods Worship, are to be taken and used for such by the Subjects

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And now, considering how different this Doctrine is, from the Practise of the greatest part of the world, especially of these Western parts, that have received their Morall learning from Rome, and Athens; and how much depth of Morall Philosophy is required, in them that have the Administration of the Soveraign Power; I am at the point of believing this my labour, as uselesse, and the Common-wealth of Plato; For he also is of opinion that it is impossible for the disorders of State, and change of Governments by Civill Warre, ever to be taken away, till Soveraigns be Philosophers

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OF A CHRISTIAN COMMON-WEALTH CHAPTER XXXII

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But in that I am next to handle, which is the Nature and Rights of a CHRISTIAN COMMON-WEALTH, whereof there dependeth much upon Supernaturall Revelations of the Will of God; the ground of my Discourse must be, not only the Naturall Word of God, but also the Propheticall

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He therefore, to whom God hath not supernaturally revealed, that they are his, nor that those that published them, were sent by him, is not obliged to obey them, by any Authority, but his, whose Commands have already the force of Laws; that is to say, by any other Authority, then that of the Common-wealth, residing in the Soveraign, who only has the Legislative power

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Again, if it be not the Legislative Authority of the Common-wealth, that giveth them the force of Laws, it must bee some other Authority derived from God, either private, or publique: if private, it obliges onely him, to whom in particular God hath been pleased to reveale it

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If publique, it is the Authority of the Common-wealth, or of the Church

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But the Church, if it be one person, is the same thing with a Common-wealth of Christians; called a Common-wealth, because it consisteth of men united in one person, their Soveraign; and a Church, because it consisteth in Christian men, united in one Christian Soveraign

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Now if the whole number of Christians be not contained in one Common-wealth, they are not one person; nor is there an Universall Church that hath any authority over them; and therefore the Scriptures are not made Laws, by the Universall Church: or if it bee one Common-wealth, then all Christian Monarchs, and States are private persons, and subject to bee judged, deposed, and punished by an Universall Soveraigne of all Christendome

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It is therefore manifest enough by this one place, that by the Kingdome of God, is properly meant a Common-wealth, instituted (by the consent of those which were to be subject thereto) for their Civill Government, and the regulating of their behaviour, not onely towards God their King, but also towards one another in point of justice, and towards other Nations both in peace and warre; which properly was a Kingdome, wherein God was King, and the High priest was to be (after the death of Moses) his sole Viceroy, or Lieutenant

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) where Samuel saith to the People, "When yee saw that Nahash King of the Children of Ammon came against you, ye said unto me, Nay, but a King shall reign over us, when the Lord your God was your King:" It is manifest that God was their King, and governed the Civill State of their Common-wealth

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" For by Holy, is alwaies understood, either God himselfe, or that which is Gods in propriety; as by Publique is alwaies meant, either the Person of the Common-wealth it self, or something that is so the Common-wealths, as no private person can claim any propriety therein

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For he that pretends to teach men the way of so great felicity, pretends to govern them; that is to say, to rule, and reign over them; which is a thing, that all men naturally desire, and is therefore worthy to be suspected of Ambition and Imposture; and consequently, ought to be examined, and tryed by every man, before hee yeeld them obedience; unlesse he have yeelded it them already, in the institution of a Common-wealth; as when the Prophet is the Civill Soveraign, or by the Civil Soveraign Authorized

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OF THE SIGNIFICATION IN SCRIPTURE OF ETERNALL LIFE, HELL, SALVATION, THE WORLD TO COME, AND REDEMPTION The maintenance of Civill Society, depending on Justice; and Justice on the power of Life and Death, and other lesse Rewards and Punishments, residing in them that have the Soveraignty of the Common-wealth; It is impossible a Common-wealth should stand, where any other than the Soveraign, hath a power of giving greater rewards than Life; and of inflicting greater punishments than Death

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) By which it seemeth to me, (with submission neverthelesse both in this, and in all questions, whereof the determination dependeth on the Scriptures, to the interpretation of the Bible authorized by the Common-wealth, whose Subject I am,) that Adam if he had not sinned, had had an Eternall Life on Earth: and that Mortality entred upon himself, and his posterity, by his first Sin

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chapter of this book, that the Kingdom of God is a Civil Common-wealth, where God himself is Soveraign, by vertue first of the Old, and since of the New Covenant, wherein he reigneth by his Vicar, or Lieutenant; the same places do therefore also prove, that after the comming again of our Saviour in his Majesty, and glory, to reign actually, and Eternally; the Kingdom of God is to be on Earth

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Ecclesia Properly What Church (when not taken for a House) signifieth the same that Ecclesia signified in the Grecian Common-wealths; that is to say, a Congregation, or an Assembly of Citizens, called forth, to hear the Magistrate speak unto them; and which in the Common-wealth of Rome was called Concio, as he that spake was called Ecclesiastes, and Concionator

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" And because in all Common-wealths, that Assembly, which is without warrant from the Civil Soveraign, is unlawful; that Church also, which is assembled in any Common-wealth, that hath forbidden them to assemble, is an unlawfull Assembly

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A Christian Common-wealth, And A Church All One It followeth also, that there is on Earth, no such universall Church as all Christians are bound to obey; because there is no power on Earth, to which all other Common-wealths are subject: There are Christians, in the Dominions of severall Princes and States; but every one of them is subject to that Common-wealth, whereof he is himself a member; and consequently, cannot be subject to the commands of any other Person

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And therefore a Church, such as one as is capable to Command, to Judge, Absolve, Condemn, or do any other act, is the same thing with a Civil Common-wealth, consisting of Christian men; and is called a Civill State, for that the subjects of it are Men; and a Church, for that the subjects thereof are Christians

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There is therefore no other Government in this life, neither of State, nor Religion, but Temporall; nor teaching of any doctrine, lawfull to any Subject, which the Governour both of the State, and of the Religion, forbiddeth to be taught: And that Governor must be one; or else there must needs follow Faction, and Civil war in the Common-wealth, between the Church and State; between Spiritualists, and Temporalists; between the Sword Of Justice, and the Shield Of Faith; and (which is more) in every Christian mans own brest, between the Christian, and the Man

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And Consequently in every Common-wealth, they who have no supernaturall Revelation to the contrary, ought to obey the laws of their own Soveraign, in the externall acts and profession of Religion

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No Pretence Of Private Spirit Against The Religion Of Abraham From whence proceedeth another point, that it was not unlawfull for Abraham, when any of his Subjects should pretend Private Vision, or Spirit, or other Revelation from God, for the countenancing of any doctrine which Abraham should forbid, or when they followed, or adhered to any such pretender, to punish them; and consequently that it is lawfull now for the Soveraign to punish any man that shall oppose his Private Spirit against the Laws: For hee hath the same place in the Common-wealth, that Abraham had in his own Family

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Abraham Sole Judge, And Interpreter Of What God Spake There ariseth also from the same, a third point; that as none but Abraham in his family, so none but the Soveraign in a Christian Common-wealth, can take notice what is, or what is not the Word of God

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For God spake onely to Abraham; and it was he onely, that was able to know what God said, and to interpret the same to his family: And therefore also, they that have the place of Abraham in a Common-wealth, are the onely Interpreters of what God hath spoken

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For whosoever ordereth, and establisheth the Policy, as first founder of a Common-wealth (be it Monarchy, Aristocracy, or Democracy) must needs have Soveraign Power over the people all the while he is doing of it

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" Out of which we may conclude, that whosoever in a Christian Common-wealth holdeth the place of Moses, is the sole Messenger of God, and Interpreter of his Commandements

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After The Captivity The Jews Had No Setled Common-wealth During the Captivity, the Jews had no Common-wealth at all And after their return, though they renewed their Covenant with God, yet there was no promise made of obedience, neither to Esdras, nor to any other; And presently after they became subjects to the Greeks (from whose Customes, and Daemonology, and from the doctrine of the Cabalists, their Religion became much corrupted): In such sort as nothing can be gathered from their confusion, both in State and Religion, concerning the Supremacy in either

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And therefore so far forth as concerneth the Old Testament, we may conclude, that whosoever had the Soveraignty of the Common-wealth amongst the Jews, the same had also the Supreme Authority in matter of Gods externall worship; and represented Gods Person; that is the person of God the Father; though he were not called by the name of Father, till such time as he sent into the world his Son Jesus Christ, to redeem mankind from their sins, and bring them into his Everlasting Kingdome, to be saved for evermore

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For as touching the Common-wealth which then was amongst the Jews, both they that bare rule amongst them, that they that were governed, did all expect the Messiah, and Kingdome of God; which they could not have done if their Laws had forbidden him (when he came) to manifest, and declare himself

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So that it is manifest hereby, in whom the Power Ecclesiasticall continually remained, in those first times, where there was not any Christian Common-wealth; namely, in them that received the same from the Apostles, by successive laying on of hands

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How then can wee be obliged to doe any thing contrary to the Command of the King, or other Soveraign Representant of the Common-wealth, whereof we are members, and by whom we look to be protected? It is therefore manifest, that Christ hath not left to his Ministers in this world, unlesse they be also endued with Civill Authority, any authority to Command other men

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If any man shall accuse this doctrine, as repugnant to true, and unfeigned Christianity; I ask him, in case there should be a subject in any Christian Common-wealth, that should be inwardly in his heart of the Mahometan Religion, whether if his Soveraign Command him to bee present at the divine service of the Christian Church, and that on pain of death, he think that Mamometan obliged in conscience to suffer death for that cause, rather than to obey that command of his lawful Prince

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For what have I to do to judg them that are without? Do not ye judg them that are within?" The Sentence therefore by which a man was put out of the Church, was pronounced by the Apostle, or Pastor; but the Judgment concerning the merit of the cause, was in the Church; that is to say, (as the times were before the conversion of Kings, and men that had Soveraign Authority in the Common-wealth,) the Assembly of the Christians dwelling in the same City; as in Corinth, in the Assembly of the Christians of Corinth

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" For Publicans (which signifieth Farmers, and Receivers of the revenue of the Common-wealth) were so hated, and detested by the Jews that were to pay for it, as that Publican and Sinner were taken amongst them for the same thing: Insomuch, as when our Saviour accepted the invitation of Zacchaeus a Publican; though it were to Convert him, yet it was objected to him as a Crime

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And because all places are by right, in the Dominion of the Common-wealth; as well hee that was Excommunicated, as hee that never was Baptized, might enter into them by Commission from the Civill Magistrate; as Paul before his conversion entred into their Synagogues at Damascus, (Acts 9

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For the Church cannot judge of Manners but by externall Actions, which Actions can never bee unlawfull, but when they are against the Law of the Common-wealth

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" It was therefore onely Moses then, and after him the High Priest, whom (by Moses) God declared should administer this his peculiar Kingdome, that had on Earth, the power to make this short Scripture of the Decalogue to bee Law in the Common-wealth of Israel

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The Old Testament, When Made Canonicall From whence we may inferre, that the Scriptures of the Old Testament, which we have at this day, were not Canonicall, nor a Law unto the Jews, till the renovation of their Covenant with God at their return from the Captivity, and restauration of their Common-wealth under Esdras

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That the New Testament should in this sense be Canonicall, that is to say, a Law in any place where the Law of the Common-wealth had not made it so, is contrary to the nature of a Law

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Seeing then our Saviour hath denyed his Kingdome to be in this world, seeing he hath said, he came not to judge, but to save the world, he hath not subjected us to other Laws than those of the Common-wealth; that is, the Jews to the Law of Moses, (which he saith (Mat

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The Kingdome of God was yet to come, in a new world; so that there could be no authority to compell in any Church, till the Common-wealth had embraced the Christian Faith; and consequently no diversity of Authority, though there were diversity of Employments

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For it is evident to the meanest capacity, that mens actions are derived from the opinions they have of the Good, or Evill, which from those actions redound unto themselves; and consequently, men that are once possessed of an opinion, that their obedience to the Soveraign Power, will bee more hurtfull to them, than their disobedience, will disobey the Laws, and thereby overthrow the Common-wealth, and introduce confusion, and Civill war; for the avoiding whereof, all Civill Government was ordained

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And when an Assembly of Christians choose their Pastor in a Christian Common-wealth, it is the Soveraign that electeth him, because tis done by his Authority; In the same manner, as when a Town choose their Maior, it is the act of him that hath the Soveraign Power: For every act done, is the act of him, without whose consent it is invalid

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Seeing then in every Christian Common-wealth, the Civill Soveraign is the Supreme Pastor, to whose charge the whole flock of his Subjects is committed, and consequently that it is by his authority, that all other Pastors are made, and have power to teach, and performe all other Pastorall offices; it followeth also, that it is from the Civill Soveraign, that all other Pastors derive their right of Teaching, Preaching, and other functions pertaining to that Office; and that they are but his Ministers; in the same manner as the Magistrates of Towns, Judges in Courts of Justice, and Commanders of Armies, are all but Ministers of him that is the Magistrate of the whole Common-wealth, Judge of all Causes, and Commander of the whole Militia, which is alwayes the Civill Soveraign

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) asked our Saviour, "By what authority dost thou these things, and who gave thee this authority:" he can make no other just Answer, but that he doth it by the Authority of the Common-wealth, given him by the King, or Assembly that representeth it

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" For in saying, Divina Providentia, which is the same with Dei Gratia, though disguised, they deny to have received their authority from the Civill State; and sliely slip off the Collar of their Civill Subjection, contrary to the unity and defence of the Common-wealth

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Neverthelesse, because the care of the summe of the businesse of the Common-wealth taketh up his whole time, it were not convenient for him to apply himself in Person to that particular

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The Civill Soveraigne If A Christian, Is Head Of The Church In His Own Dominions From this consolidation of the Right Politique, and Ecclesiastique in Christian Soveraigns, it is evident, they have all manner of Power over their Subjects, that can be given to man, for the government of mens externall actions, both in Policy, and Religion; and may make such Laws, as themselves shall judge fittest, for the government of their own Subjects, both as they are the Common-wealth, and as they are the Church: for both State, and Church are the same men

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And these Rights are incident to all Soveraigns, whether Monarchs, or Assemblies: for they that are the Representants of a Christian People, are Representants of the Church: for a Church, and a Common-wealth of Christian People, are the same thing

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But be it Evidence and Truth it selfe that was given; or be it but Admonition to the Priest to endeavour to inform himself cleerly, and give judgment uprightly; yet in that it was given to the High Priest, it was given to the Civill Soveraign: For next under God was the High Priest in the Common-wealth of Israel; and is an argument for Evidence and Truth, that is, for the Ecclesiasticall Supremacy of Civill Soveraigns over their own Subjects, against the pretended Power of the Pope

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But who are those now that are sent by Christ, but such as are ordained Pastors by lawfull Authority? and who are lawfully ordained, that are not ordained by the Soveraign Pastor? and who is ordained by the Soveraign Pastor in a Christian Common-wealth, that is not ordained by the authority of the Soveraign thereof? Out of this place therefore it followeth, that he which heareth his Soveraign being a Christian, heareth Christ; and hee that despiseth the Doctrine which his King being a Christian, authorizeth, despiseth the Doctrine of Christ (which is not that which Bellarmine intendeth here to prove, but the contrary)

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The Commands of Civill Soveraigns are on all sides granted to be Laws: if any else can make a Law besides himselfe, all Common-wealth, and consequently all Peace, and Justice must cease; which is contrary to all Laws, both Divine and Humane

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But if a man may be said to have his Jurisdiction De Jure Divino, and yet not immediately; what lawfull Jurisdiction, though but Civill, is there in a Christian Common-wealth, that is not also De Jure Divino? For Christian Kings have their Civill Power from God immediately; and the Magistrates under him exercise their severall charges in vertue of his Commission; wherein that which they doe, is no lesse De Jure Divino Mediato, than that which the Bishops doe, in vertue of the Popes Ordination

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But seeing Moses had the entire Soveraignty in the Common-wealth of the Jews, it is manifest, that it is thereby signified, that they had their Authority from the Civill Soveraign: and therefore that place proveth, that Bishops in every Christian Common-wealth have their Authority from the Civill Soveraign; and from the Pope in his own Territories only, and not in the Territories of any other State

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But by the Law of Nature (which is a better Principle of Right and Wrong, than the word of any Doctor that is but a man) the Civill Soveraign in every Common-wealth, is the Head, the Source, the Root, and the Sun, from which all Jurisdiction is derived

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But to prove it, he alledgeth first, this reason, "Kings and Popes, Clergy and Laity make but one Common-wealth; that is to say, but one Church: And in all Bodies the Members depend one upon another: But things Spirituall depend not of things Temporall: Therefore, Temporall depend on Spirituall

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" In which Argumentation there be two grosse errours: one is, that all Christian Kings, Popes, Clergy, and all other Christian men, make but one Common-wealth: For it is evident that France is one Common-wealth, Spain another, and Venice a third, &c

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And these consist of Christians; and therefore also are severall Bodies of Christians; that is to say, severall Churches: And their severall Soveraigns Represent them, whereby they are capable of commanding and obeying, of doing and suffering, as a natural man; which no Generall or Universall Church is, till it have a Representant; which it hath not on Earth: for if it had, there is no doubt but that all Christendome were one Common-wealth, whose Soveraign were that Representant, both in things Spirituall and Temporall: And the Pope, to make himself this Representant, wanteth three things that our Saviour hath not given him, to Command, and to Judge, and to Punish, otherwise than (by Excommunication) to run from those that will not Learn of him: For though the Pope were Christs onely Vicar, yet he cannot exercise his government, till our Saviours second coming: And then also it is not the Pope, but St

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The other errour in this his first Argument is, that he sayes, the Members of every Common-wealth, as of a naturall Body, depend one of another: It is true, they cohaere together; but they depend onely on the Soveraign, which is the Soul of the Common-wealth; which failing, the Common-wealth is dissolved into a Civill war, no one man so much as cohaering to another, for want of a common Dependance on a known Soveraign; Just as the Members of the naturall Body dissolve into Earth, for want of a Soul to hold them together

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His second Argument is this, "Every Common-wealth, (because it is supposed to be perfect and sufficient in it self,) may command any other Common-wealth, not subject to it, and force it to change the administration of the Government, nay depose the Prince, and set another in his room, if it cannot otherwise defend it selfe against the injuries he goes about to doe them: much more may a Spirituall Common-wealth command a Temporall one to change the administration of their Government, and may depose Princes, and institute others, when they cannot otherwise defend the Spirituall Good

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" That a Common-wealth, to defend it selfe against injuries, may lawfully doe all that he hath here said, is very true; and hath already in that which hath gone before been sufficiently demonstrated

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And if it were also true, that there is now in this world a Spirituall Common-wealth, distinct from a Civill Common-wealth, then might the Prince thereof, upon injury done him, or upon want of caution that injury be not done him in time to come, repaire, and secure himself by Warre; which is in summe, deposing, killing, or subduing, or doing any act of Hostility

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But Spirituall Common-wealth there is none in this world: for it is the same thing with the Kingdome of Christ; which he himselfe saith, is not of this world; but shall be in the next world, at the Resurrection, when they that have lived justly, and beleeved that he was the Christ, shall (though they died Naturall bodies) rise Spirituall bodies; and then it is, that our Saviour shall judge the world, and conquer his Adversaries, and make a Spirituall Common-wealth

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In the mean time, seeing there are no men on earth, whose bodies are Spirituall; there can be no Spirituall Common-wealth amongst men that are yet in the flesh; unlesse wee call Preachers, that have Commission to Teach, and prepare men for their reception into the Kingdome of Christ at the Resurrection, a Common-wealth; which I have proved to bee none

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For Christians, (or men of what Religion soever,) if they tolerate not their King, whatsoever law hee maketh, though it bee concerning Religion, doe violate their faith, contrary to the Divine Law, both Naturall and Positive: Nor is there any Judge of Haeresie amongst Subjects, but their own Civill Soveraign; for "Haeresie is nothing else, but a private opinion, obstinately maintained, contrary to the opinion which the Publique Person (that is to say, the Representant of the Common-wealth) hath commanded to bee taught

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" And therefore, seeing the Examination of Doctrines belongeth to the Supreme Pastor, the Person which all they that have no speciall revelation are to beleeve, is (in every Common-wealth) the Supreme Pastor, that is to say, the Civill Soveraigne

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And because he is a Soveraign, he requireth Obedience to all his owne, that is, to all the Civill Laws; in which also are contained all the Laws of Nature, that is, all the Laws of God: for besides the Laws of Nature, and the Laws of the Church, which are part of the Civill Law, (for the Church that can make Laws is the Common-wealth,) there bee no other Laws Divine

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Peter to his face? There can therefore be no contradiction between the Laws of God, and the Laws of a Christian Common-wealth

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[1]: ...f his subjects for the defraying of all publique charges: For he demanded no more but the twentieth part; and yet abundantly maintained therewith the Commonwealth Commonwealth .....

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By which meanes, the people every where were obliged to a double tribute; one to the State, another to the Clergy; whereof, that to the Clergy, being the tenth of their revenue, is double to that which a King of Athens (and esteemed a Tyrant) exacted of his subjects for the defraying of all publique charges: For he demanded no more but the twentieth part; and yet abundantly maintained therewith the commonwealth

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But whether hee intend thereby, to entitle the Presbytery to the Supreme Power Ecclesiasticall in the Common-wealth of Geneva, (and consequently to every Presbytery in every other Common-wealth,) or to Princes, and other Civill Soveraignes, I doe not know

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For God being King of the Jews, and his Lieutenant being first Moses, and afterward the High Priest; if the people had been permitted to worship, and pray to Images, (which are Representations of their own Fancies,) they had had no farther dependence on the true God, of whom there can be no similitude; nor on his prime Ministers, Moses, and the High Priests; but every man had governed himself according to his own appetite, to the utter eversion of the Common-wealth, and their own destruction for want of Union

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Canonizing Of Saints The Canonizing of Saints, is another Relique of Gentilisme: It is neither a misunderstanding of Scripture, nor a new invention of the Roman Church, but a custome as ancient as the Common-wealth of Rome it self

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This was the name of him that in the ancient Common-wealth of Rome, had the Supreme Authority under the Senate and People, of regulating all Ceremonies, and Doctrines concerning their Religion: And when Augustus Caesar changed the State into a Monarchy, he took to himselfe no more but this office, and that of Tribune of the People, (than is to say, the Supreme Power both in State, and Religion;) and the succeeding Emperors enjoyed the same

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Leasure is the mother of Philosophy; and Common-wealth, the mother of Peace, and Leasure: Where first were great and flourishing Cities, there was first the study of Philosophy

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Neverthelesse, men were so much taken with this custome, that in time it spread it selfe over all Europe, and the best part of Afrique; so as there were Schools publiquely erected, and maintained for Lectures, and Disputations, almost in every Common-wealth

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For the rule of Manners, without Civill Government, is the Law of Nature; and in it, the Law Civill; that determineth what is Honest, and Dishonest; what is Just, and Unjust; and generally what is Good, and Evill: whereas they make the Rules of Good, and Bad, by their own Liking, and Disliking: By which means, in so great diversity of taste, there is nothing generally agreed on; but every one doth (as far as he dares) whatsoever seemeth good in his own eyes, to the subversion of Common-wealth

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But in a Common-wealth this measure is false: Not the Appetite of Private men, but the Law, which is the Will and Appetite of the State is the measure

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And yet is this Doctrine still practised; and men judge the Goodnesse, or Wickednesse of their own, and of other mens actions, and of the actions of the Common-wealth it selfe, by their own Passions; and no man calleth Good or Evill, but that which is so in his own eyes, without any regard at all to the Publique Laws; except onely Monks, and Friers, that are bound by Vow to that simple obedience to their Superiour, to which every Subject ought to think himself bound by the Law of Nature to the Civill Soveraign

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That Not Men, But Law Governs And therefore this is another Errour of Aristotles Politiques, that in a wel ordered Common-wealth, not Men should govern, but the Laws

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For who is there, that knowing there is so great danger in an error, when the naturall care of himself, compelleth not to hazard his Soule upon his own judgement, rather than that of any other man that is unconcerned in his damnation? Private Interpretation Of Law For a Private man, without the Authority of the Common-wealth, that is to say, without permission from the Representant thereof, to Interpret the Law by his own Spirit, is another Error in the Politiques; but not drawn from Aristotle, nor from any other of the Heathen Philosophers

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And are not the Scriptures, in all places where they are Law, made Law by the Authority of the Common-wealth, and consequently, a part of the Civill Law? Of the same kind it is also, when any but the Soveraign restraineth in any man that power which the Common-wealth hath not restrained: as they do, that impropriate the Preaching of the Gospell to one certain Order of men, where the Laws have left it free

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That The Church Militant Is The Kingdome Of God, Was First Taught By The Church Of Rome And first, to this Error, That The Present Church Now Militant On Earth, Is The Kingdome Of God, (that is, the Kingdome of Glory, or the Land of Promise; not the Kingdome of Grace, which is but a Promise of the Land,) are annexed these worldly Benefits, First, that the Pastors, and Teachers of the Church, are entitled thereby, as Gods Publique Ministers, to a Right of Governing the Church; and consequently (because the Church, and Common-wealth are the same Persons) to be Rectors, and Governours of the Common-wealth

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For who is there, that beleeving this to be true, will not readily obey him in whatsoever he commands? Subjection Of Bishops Secondly, that all other Bishops, in what Common-wealth soever, have not their Right, neither immediately from God, nor mediately from their Civill Soveraigns, but from the Pope, is a Doctrine, by which there comes to be in every Christian Common-wealth many potent men, (for so are Bishops,) that have their dependance on the Pope, and owe obedience to him, though he be a forraign Prince; by which means he is able, (as he hath done many times) to raise a Civill War against the State that submits not it self to be governed according to his pleasure and Interest

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For by this means, there is a great part of every Common-wealth, that enjoy the benefit of the Laws, and are protected by the Power of the Civill State, which neverthelesse pay no part of the Publique expence; nor are lyable to the penalties, as other Subjects, due to their crimes; and consequently, stand not in fear of any man, but the Pope; and adhere to him onely, to uphold his universall Monarchy

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Therefore I put down for one of the most effectuall seeds of the Death of any State, that the Conquerours require not onely a Submission of mens actions to them for the future, but also an Approbation of all their actions past; when there is scarce a Common-wealth in the world, whose beginnings can in conscience be justified

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And because the name of Tyranny, signifieth nothing more, nor lesse, than the name of Soveraignty, be it in one, or many men, saving that they that use the former word, are understood to bee angry with them they call Tyrants; I think the toleration of a professed hatred of Tyranny, is a Toleration of hatred to Common-wealth in general, and another evill seed, not differing much from the former

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In the 35th Chapter, I have sufficiently declared out of the Scripture, that in the Common-wealth of the Jewes, God himselfe was made the Soveraign, by Pact with the People; who were therefore called his Peculiar People, to distinguish them from the rest of the world, over whom God reigned not by their Consent, but by his own Power: And that in this Kingdome Moses was Gods Lieutenant on Earth; and that it was he that told them what Laws God appointed to doe Execution; especially in Capitall Punishments; not then thinking it a matter of so necessary consideration, as I find it since

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And this Presumption of a future Ratification, is sometimes necessary to the safety [of] a Common-wealth; as in a sudden Rebellion, any man that can suppresse it by his own Power in the Countrey where it begins, may lawfully doe it, and provide to have it Ratified, or Pardoned, whilest it is in doing, or after it is done

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There is nothing in all this, nor in any other part of the Bible, to countenance Executions by Private Zeal; which being oftentimes but a conjunction of Ignorance and Passion, is against both the Justice and Peace of a Common-wealth

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In that part which treateth of a Christian Common-wealth, there are some new Doctrines, which, it may be, in a State where the contrary were already fully determined, were a fault for a Subject without leave to divulge, as being an usurpation of the place of a Teacher