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| soveraign : soveraign power: power Complete text of 61125840:OF SEVERALL KINDS OF COMMON-WEALTH BY INSTITUTION; AND OF SUCCESION TO THE soveraign power 20 Complete text of 61125844:OF THE PUBLIQUE MINISTERS OF soveraign power 24 Complete text of 61127129:It belongeth therefore to him that hath the soveraign power , to be Judge, or constitute all Judges of Opinions and Doctrines, as a thing necessary to Peace, thereby to prevent Discord and Civill Warre Complete text of 61127132:For before constitution of soveraign power (as hath already been shewn) all men had right to all things; which necessarily causeth Warre: and therefore this Proprietie, being necessary to Peace, and depending on soveraign power , is the Act of the power , in order to the publique peace Complete text of 61127139:For the power by which the people are to be defended, consisteth in their Armies; and the strength of an Army, in the union of their strength under one Command; which Command the soveraign Instituted, therefore hath; because the command of the Militia, without other Institution, maketh him that hath it Soveraign Complete text of 61127140:And therefore whosoever is made Generall of an Army, he that hath the soveraign power is alwayes Generallissimo Complete text of 61127143:For seeing the soveraign is charged with the End, which is the common Peace and Defence; he is understood to have power to use such Means, as he shall think most fit for his discharge Complete text of 61127145: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 Complete text of 61127150:These Rights Are Indivisible These are the Rights, which make the Essence of Soveraignty; and which are the markes, whereby a man may discern in what Man, or Assembly of men, the soveraign power is placed, and resideth Complete text of 61127152:The power to coyn Mony; to dispose of the estate and persons of Infant heires; to have praeemption in Markets; and all other Statute Praerogatives, may be transferred by the Soveraign; and yet the power to protect his Subject be retained Complete text of 61127157:And Can By No Grant Passe Away Without Direct Renouncing Of The soveraign power And because they are essentiall and inseparable Rights, it follows necessarily, that in whatsoever, words any of them seem to be granted away, yet if the soveraign power it selfe be not in direct termes renounced, and the name of soveraign no more given by the Grantees to him that Grants them, the Grant is voyd: for when he has granted all he can, if we grant back the Soveraignty, all is restored, as inseparably annexed thereunto Complete text of 61127158:The power And Honour Of Subjects Vanisheth In The Presence Of The power soveraign This great Authority being indivisible, and inseparably annexed to the Soveraignty, there is little ground for the opinion of them, that say of Soveraign Kings, though they be Singulis Majores, of greater power than every one of their Subjects, yet they be Universis Minores, of lesse power than them all together Complete text of 61127160:But if by All Together, they understand them as one Person (which person the soveraign bears,) then the power of all together, is the same with the Soveraigns power ; and so again the speech is absurd; which absurdity they see well enough, when the Soveraignty is in an Assembly of the people; but in a Monarch they see it not; and yet the power of Soveraignty is the same in whomsoever it be placed Complete text of 61127161:And as the power , so also the Honour of the soveraign , ought to be greater, than that of any, or all the Subjects Complete text of 61127167: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 Complete text of 61127170: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 Complete text of 61127174: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 Complete text of 61127178:Therefore, where there is already erected a soveraign power , there can be no other Representative of the same people, but onely to certain particular ends, by the Soveraign limited Complete text of 61127180:And therefore as it is absurd, to think that a soveraign Assembly, inviting the People of their Dominion, to send up their Deputies, with power to make known their Advise, or Desires, should therefore hold such Deputies, rather than themselves, for the absolute Representative of the people: so it is absurd also, to think the same in a Monarchy Complete text of 61127183: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 Complete text of 61127202:But to say there is inconvenience, in putting the use of the soveraign power , into the hand of a Man, or an Assembly of men; is to say that all Government is more Inconvenient, than Confusion, and Civill Warre Complete text of 61127210:And as a Child has need of a Tutor, or Protector, to preserve his Person, and Authority: So also (in great Common-wealths,) the soveraign Assembly, in all great dangers and troubles, have need of Custodes Libertatis; that is of Dictators, or Protectors of their Authoritie; which are as much as Temporary Monarchs; to whom for a time, they may commit the entire exercise of their power ; and have (at the end of that time) been oftner deprived thereof, than Infant Kings, by their Protectors, Regents, or any other Tutors Complete text of 61127221:Secondly, that King whose power is limited, is not superiour to him, or them that have the power to limit it; and he that is not superiour, is not supreme; that is to say not soveraign Complete text of 61127234:And though the soveraign assembly, may give power to others, to elect new men, for supply of their Court; yet it is still by their Authority, that the Election is made; and by the same it may (when the publique shall require it) be recalled Complete text of 61127237:As to the question, who shall appoint the Successor, of a Monarch that hath the soveraign Authority; that is to say, (for Elective Kings and Princes have not the Soveraign power in propriety, but in use only,) we are to consider, that either he that is in possession, has right to dispose of the Succession, or else that right is again in the dissolved Multitude Complete text of 61127238:For the death of him that hath the soveraign power in propriety, leaves the Multitude without any soveraign at all; that is, without any Representative in whom they should be united, and be capable of doing any one action at all: And therefore they are incapable of Election of any new Monarch; every man having equall right to submit himselfe to such as he thinks best able to protect him, or if he can, protect himselfe by his owne sword; which is a returne to Confusion, and to the condition of a War of every man against every man, contrary to the end for which Monarchy had its first Institution Complete text of 61127259: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 Complete text of 61127284:Or Precedent Subjection Of One Of The Parents To The Other If the Mother be the Fathers subject, the Child, is in the Fathers power: and if the Father be the Mothers subject, (as when a soveraign Queen marrieth one of her subjects,) the Child is subject to the Mother; because the Father also is her subject Complete text of 61127308:And thus much shall suffice; concerning what I find by speculation, and deduction, of soveraign Rights, from the nature, need, and designes of men, in erecting of Commonwealths, and putting themselves under Monarchs, or Assemblies, entrusted with power enough for their protection Complete text of 61127366:soveraign power Ought In All Common-wealths To Be Absolute So it appeareth plainly, to my understanding, both from Reason, and Scripture, that the soveraign power , whether placed in One Man, as in Monarchy, or in one Assembly of men, as in Popular, and Aristocraticall Common-wealths, is as great, as possibly men can be imagined to make it Complete text of 61127369:And whosoever thinking Soveraign power too great, will seek to make it lesse; must subject himselfe, to the power , that can limit it; that is to say, to a greater Complete text of 61127372:In those Nations, whose Common-wealths have been long-lived, and not been destroyed, but by forraign warre, the Subjects never did dispute of the soveraign power Complete text of 61127402:Liberty Of The Subject Consistent With Unlimited power Of The soveraign Neverthelesse we are not to understand, that by such Liberty, the Soveraign power of life, and death, is either abolished, or limited Complete text of 61127404:And therefore it may, and doth often happen in Common-wealths, that a Subject may be put to death, by the command of the soveraign power ; and yet neither doe the other wrong: as when Jeptha caused his daughter to be sacrificed: In which, and the like cases, he that so dieth, had Liberty to doe the action, for which he is neverthelesse, without Injury put to death Complete text of 61127435:Again, the Consent of a Subject to soveraign power , is contained in these words, "I Authorise, or take upon me, all his actions;" in which there is no restriction at all, of his own former naturall Liberty: For by allowing him to Kill Me, I am not bound to Kill my selfe when he commands me Complete text of 61127446:But in case a great many men together, have already resisted the soveraign power Unjustly, or committed some Capitall crime, for which every one of them expecteth death, whether have they not the Liberty then to joyn together, and assist, and defend one another? Certainly they have: For they but defend their lives, which the guilty man may as well do, as the Innocent Complete text of 61127457:For seeing the soveraign demandeth by force of a former Law, and not by vertue of his power ; he declareth thereby, that he requireth no more, than shall appear to be due by that Law Complete text of 61127459:But if he demand, or take any thing by pretence of his power ; there lyeth, in that case, no action of Law: for all that is done by him in Vertue of his power , is done by the Authority of every subject, and consequently, he that brings an action against the soveraign , brings it against himselfe Complete text of 61127461:For in that he might openly, (if it had been his will,) and in plain termes, have renounced, or transferred it, and did not; it is to be understood it was not his will; but that the Grant proceeded from ignorance of the repugnancy between such a Liberty and the soveraign power ; and therefore the Soveraignty is still retayned; and consequently all those Powers, which are necessary to the exercising thereof; such as are the power of Warre, and Peace, of Judicature, of appointing Officers, and Councellours, of levying Mony, and the rest named in the 18th Chapter Complete text of 61127462:In What Cases Subjects Absolved Of Their Obedience To Their soveraign The Obligation of Subjects to the soveraign is understood to last as long, and no longer, than the power lasteth, by which he is able to protect them Complete text of 61127489:Others are Dependent; that is to say, Subordinate to some soveraign power , to which every one, as also their Representative is Subject Complete text of 61127491:Politicall (otherwise Called Bodies Politique, and Persons In Law,) are those, which are made by authority from the soveraign power of the Common-wealth Complete text of 61127497:In All Bodies Politique The power Of The Representative Is Limited In Bodies Politique, the power of the Representative is alwaies Limited: And that which prescribeth the limits thereof, is the power soveraign Complete text of 61127503: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 Complete text of 61127517:Protestation Against The Decrees Of Bodies Politique Sometimes Lawful; But Against soveraign power Never It is manifest by this, that in Bodies Politique subordinate, and subject to a soveraign Power, it is sometimes not onely lawfull, but expedient, for a particular man to make open protestation against the decrees of the Representative Assembly, and cause their dissent to be Registred, or to take witnesse of it; because otherwise they may be obliged to pay debts contracted, and be responsible for crimes committed by other men: But in a soveraign Assembly, that liberty is taken away, both because he that protesteth there, denies their Soveraignty; and also because whatsoever is commanded by the soveraign power , is as to the Subject (though not so alwayes in the sight of God) justified by the Command; for of such command every Subject is the Author Complete text of 61127565: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 Complete text of 61127567:Secret Cabals If the soveraign power be in a great Assembly, and a number of men, part of the Assembly, without authority, consult a part, to contrive the guidance of the rest; This is a Faction, or Conspiracy unlawfull, as being a fraudulent seducing of the Assembly for their particular interest Complete text of 61127590: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 Complete text of 61127604:For Instruction Of The People They also that have authority to teach, or to enable others to teach the people their duty to the soveraign power , and instruct them in the knowledge of what is just, and unjust, thereby to render them more apt to live in godlinesse, and in peace among themselves, and resist the publique enemy, are Publique Ministers: Ministers, in that they doe it not by their own Authority, but by anothers; and Publique, because they doe it (or should doe it) by no Authority, but that of the soveraign Complete text of 61127605:The Monarch, or the soveraign Assembly only hath immediate Authority from God, to teach and instruct the people; and no man but the Soveraign, receiveth his power Dei Gratia simply; that is to say, from the favour of none but God: All other, receive theirs from the favour and providence of God, and their Soveraigns; as in a Monarchy Dei Gratia & Regis; or Dei Providentia & Voluntate Regis Complete text of 61127607:For in their Seats of Justice they represent the person of the soveraign ; and their Sentence, is his Sentence; For (as hath been before declared) all Judicature is essentially annexed to the Soveraignty; and therefore all other Judges are but Ministers of him, or them that have the soveraign Power Complete text of 61127618: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 Complete text of 61127637: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 Complete text of 61127641:" 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 Complete text of 61127648:It is true, that a soveraign Monarch, or the greater part of a soveraign Assembly, may ordain the doing of many things in pursuit of their Passions, contrary to their own consciences, which is a breach of trust, and of the Law of Nature; but this is not enough to authorise any subject, either to make warre upon, or so much as to accuse of Injustice, or any way to speak evill of their soveraign ; because they have authorised all his actions, and in bestowing the Soveraign power , made them their own Complete text of 61127651: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 Complete text of 61127768: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 Complete text of 61127769:For in the differences of private men, to declare, what is Equity, what is Justice, and what is morall Vertue, and to make them binding, there is need of the Ordinances of Soveraign power , and Punishments to be ordained for such as shall break them; which Ordinances are therefore part of the Civill Law Complete text of 61127777:Provinciall Lawes Are Not Made By Custome, But By The soveraign power 5 Complete text of 61127782: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 Complete text of 61127783:As for example, "That the Common Law, hath no Controuler but the Parlament;" which is true onely where a Parlament has the soveraign Power, and cannot be assembled, nor dissolved, but by their own discretion Complete text of 61127786:And where a Parlament is soveraign , if it should assemble never so many, or so wise men, from the Countries subject to them, for whatsoever cause; yet there is no man will believe, that such an Assembly hath thereby acquired to themselves a Legislative power Complete text of 61127802: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 Complete text of 61127838:The Interpretation Of The Law Dependeth On The soveraign power The Legislator known; and the Lawes, either by writing, or by the light of Nature, sufficiently published; there wanteth yet another very materiall circumstance to make them obligatory Complete text of 61127885:For a Judge, as he ought to take notice of the Fact, from none but the Witnesses; so also he ought to take notice of the Law, from nothing but the Statutes, and Constitutions of the soveraign , alledged in the pleading, or declared to him by some that have authority from the soveraign power to declare them; and need not take care before-hand, what hee shall Judge; for it shall bee given him what hee shall say concerning the Fact, by Witnesses; and what hee shall say in point of Law, from those that shall in their pleadings shew it, and by authority interpret it upon the place Complete text of 61127901:These were Lawes, at first, by the vertue of the soveraign power residing in the people; and such of them as by the Emperours were not abrogated, remained Lawes by the Authority Imperiall Complete text of 61127919:Positive, are those which have not been for Eternity; but have been made Lawes by the Will of those that have had the soveraign power over others; and are either written, or made known to men, by some other argument of the Will of their Legislator Complete text of 61127939:" Abrahams Seed had not this revelation, nor were yet in being; yet they are a party to the Covenant, and bound to obey what Abraham should declare to them for Gods Law; which they could not be, but in vertue of the obedience they owed to their Parents; who (if they be Subject to no other earthly power , as here in the case of Abraham) have soveraign power over their children, and servants Complete text of 61127944:Which also is evident to any mans reason; for whatsoever is not against the Law of Nature, may be made Law in the name of them that have the soveraign power; and there is no reason men should be the lesse obliged by it, when tis propounded in the name of God Complete text of 61127951: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 Complete text of 61127981:Thirdly, That when the Soveraign power ceaseth, Crime also ceaseth: for where there is no such Power, there is no protection to be had from the Law; and therefore every one may protect himself by his own power : for no man in the Institution of soveraign power can be supposed to give away the Right of preserving his own body; for the safety whereof all Soveraignty was ordained Complete text of 61127991:Ignorance Of The soveraign Excuseth Not Ignorance of the soveraign power , in the place of a mans ordinary residence, Excuseth him not; because he ought to take notice of the Power, by which he hath been protected there Complete text of 61128022:But to kill a man, because from his actions, or his threatnings, I may argue he will kill me when he can, (seeing I have time, and means to demand protection, from the Soveraign power ,) is a Crime Complete text of 61128039:From hence it followeth that when that Man, or Assembly, that hath the Soveraign power , commandeth a man to do that which is contrary to a former Law, the doing of it is totally Excused: For he ought not to condemn it himselfe, because he is the Author; and what cannot justly be condemned by the soveraign , cannot justly be punished by any other Complete text of 61128041: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 Complete text of 61128046: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 Complete text of 61128051:Where the Law is publiquely, and with assiduity, before all the people read, and interpreted; a fact done against it, is a greater Crime, than where men are left without such instruction, to enquire of it with difficulty, uncertainty, and interruption of their Callings, and be informed by private men: for in this case, part of the fault is discharged upon common infirmity; but in the former there is apparent negligence, which is not without some contempt of the soveraign power Complete text of 61128055:For example, the Law condemneth Duells; the punishment is made capitall: On the contrary part, he that refuseth Duell, is subject to contempt and scorne, without remedy; and sometimes by the soveraign himselfe thought unworthy to have any charge, or preferment in Warre: If thereupon he accept Duell, considering all men lawfully endeavour to obtain the good opinion of them that have the soveraign power , he ought not in reason to be rigorously punished; seeing part of the fault may be discharged on the punisher; which I say, not as wishing liberty of private revenges, or any other kind of disobedience; but a care in Governours, not to countenance any thing obliquely, which directly they forbid Complete text of 61128061:Likewise in a Professor of the Law, to maintain any point, on do any act, that tendeth to the weakning of the soveraign power , as a greater Crime, than in another man: Also in a man that hath such reputation for wisedome, as that his counsells are followed, or his actions imitated by many, his fact against the Law, is a greater Crime, than the same fact in another: For such men not onely commit Crime, but teach it for Law to all other men Complete text of 61128079:For to kill ones Parent, is a greater Crime, than to kill another: for the Parent ought to have the honour of a soveraign , (though he have surrendred his power to the Civill Law,) because he had it originally by Nature Complete text of 61128099:Nor Pain Inflicted By Usurped power Fourthly, that the evill inflicted by usurped power , and Judges without Authority from the soveraign , is not Punishment; but an act of hostility; because the acts of power usurped, have not for Author, the person condemned; and therefore are not acts of publique Authority Complete text of 61128112:For the Punishments set down in the Law, are to Subjects, not to Enemies; such as are they, that having been by their own act Subjects, deliberately revolting, deny the soveraign power Complete text of 61128141:Secondly, of that, which forbiddeth Ingratitude: For seeing all soveraign power , is originally given by the consent of every one of the Subjects, to the end they should as long as they are obedient, be protected thereby; the Punishment of the Innocent, is a rendring of Evill for Good Complete text of 61128153: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 Complete text of 61128173:And so were the Barons, whose power was by William Rufus (to have their help in transferring the Succession from his Elder brother, to himselfe,) encreased to a degree, inconsistent with the soveraign Power, maintained in their Rebellion against King John, by the French Complete text of 61128185: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 Complete text of 61128191: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 Complete text of 61128195: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 Complete text of 61128197:" Every man has indeed a Propriety that excludes the Right of every other Subject: And he has it onely from the soveraign power ; without the protection whereof, every other man should have equall Right to the same Complete text of 61128200: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 Complete text of 61128215: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 Complete text of 61128233: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 Complete text of 61128241: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 Complete text of 61128249:OF THE OFFICE OF THE soveraign REPRESENTATIVE The Procuration Of The Good Of The People The OFFICE of the soveraign , (be it a Monarch, or an Assembly,) consisteth in the end, for which he was trusted with the soveraign Power, namely the procuration of the Safety Of The People; to which he is obliged by the Law of Nature, and to render an account thereof to God, the Author of that Law, and to none but him Complete text of 61128253: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 Complete text of 61128268: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 Complete text of 61128276: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 Complete text of 61128278:And To Have Dayes Set Apart To Learn Their Duty Fourthly, seeing people cannot be taught this, nor when 'tis taught, remember it, nor after one generation past, so much as know in whom the Soveraign power is placed, without setting a part from their ordinary labour, some certain times, in which they may attend those that are appointed to instruct them; It is necessary that some such times be determined, wherein they may assemble together, and (after prayers and praises given to God, the soveraign of Soveraigns) hear those their Duties told them, and the Positive Lawes, such as generally concern them all, read and expounded, and be put in mind of the Authority that maketh them Lawes Complete text of 61128280:So that the first Table of the Commandements, is spent all, in setting down the summe of Gods absolute power ; not onely as God, but as King by pact, (in peculiar) of the Jewes; and may therefore give light, to those that have the soveraign power conferred on them by the consent of men, to see what doctrine they Ought to teach their Subjects Complete text of 61128282: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 Complete text of 61128283:For to relinquish such right, was not necessary to the Institution of soveraign power ; nor would there be any reason, why any man should desire to have children, or take the care to nourish, and instruct them, if they were afterwards to have no other benefit from them, than from other men Complete text of 61128292: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 Complete text of 61128297: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 Complete text of 61128300:The safety of the People, requireth further, from him, or them that have the soveraign power , that Justice be equally administred to all degrees of People; that is, that as well the rich, and mighty, as poor and obscure persons, may be righted of the injuries done them; so as the great, may have no greater hope of impunity, when they doe violence, dishonour, or any Injury to the meaner sort, than when one of these, does the like to one of them: For in this consisteth Equity; to which, as being a Precept of the Law of Nature, a soveraign is as much subject, as any of the meanest of his People Complete text of 61128304:The Inequality of Subjects, proceedeth from the Acts of soveraign power ; and therefore has no more place in the presence of the soveraign ; that is to say, in a Court of Justice, then the Inequality between Kings, and their Subjects, in the presence of the King of Kings Complete text of 61128312:For the Impositions that are layd on the People by the soveraign power , are nothing else but the Wages, due to them that hold the publique Sword, to defend private men in the exercise of severall Trades, and Callings Complete text of 61128323:The Law is made by the soveraign power , and all that is done by such power , is warranted, and owned by every one of the people; and that which every man will have so, no man can say is unjust Complete text of 61128330:It is a weak soveraign , that has weak Subjects; and a weak People, whose soveraign wanteth power to rule them at his will Complete text of 61128331:Unnecessary Lawes are not good Lawes; but trapps for Mony: which where the right of soveraign power is acknowledged, are superfluous; and where it is not acknowledged, unsufficient to defend the People Complete text of 61128360:Whereas in these parts of Europe, it hath been taken for a Right of certain persons, to have place in the highest Councell of State by Inheritance; it is derived from the Conquests of the antient Germans; wherein many absolute Lords joyning together to conquer other Nations, would not enter in to the Confederacy, without such Priviledges, as might be marks of difference in time following, between their Posterity, and the posterity of their Subjects; which Priviledges being inconsistent with the soveraign power , by the favour of the soveraign , they may seem to keep; but contending for them as their Right, they must needs by degrees let them go, and have at last no further honour, than adhaereth naturally to their abilities Complete text of 61128367:But this love of Souldiers, (if caution be not given of the Commanders fidelity,) is a dangerous thing to soveraign power ; especially when it is in the hands of an Assembly not popular Complete text of 61128371:And therefore those, who by violence have at any time suppressed the power of their Lawfull Soveraign, before they could settle themselves in his place, have been alwayes put to the trouble of contriving their Titles, to save the People from the shame of receiving them Complete text of 61128372:To have a known Right to Soveraign power , is so popular a quality, as he that has it needs no more, for his own part, to turn the hearts of his Subjects to him, but that they see him able absolutely to govern his own Family: Nor, on the part of his enemies, but a disbanding of their Armies Complete text of 61128379: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 Complete text of 61128383:And seeing the knowledge of all Law, dependeth on the knowledge of the Soveraign power ; I shall say something in that which followeth, of the KINGDOME OF GOD Complete text of 61128407:But because this Right could not be obtained by force, it concerned the safety of every one, laying by that Right, to set up men (with soveraign Authority) by common consent, to rule and defend them: whereas if there had been any man of power Irresistible; there had been no reason, why he should not by that power have ruled, and defended both himselfe, and them, according to his own discretion Complete text of 61128475: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 Complete text of 61128485: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 Complete text of 61128732: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 Complete text of 61128964:OF THE SIGNIFICATION IN SCRIPTURE OF KINGDOME OF GOD, OF HOLY, SACRED, AND SACRAMENT Kingdom Of God Taken By Divines Metaphorically But In The Scriptures Properly The Kingdome of God in the Writings of Divines, and specially in Sermons, and Treatises of Devotion, is taken most commonly for Eternall Felicity, after this life, in the Highest Heaven, which they also call the Kingdome of Glory; and sometimes for (the earnest of that felicity) Sanctification, which they terme the Kingdome of Grace, but never for the Monarchy, that is to say, the soveraign power of God over any Subjects acquired by their own consent, which is the proper signification of Kingdome Complete text of 61129406:Of which rules, in the Old Testament, one was, conformable doctrine to that which Moses the soveraign Prophet had taught them; and the other the miraculous power of foretelling what God would bring to passe, as I have already shown out of Deut Complete text of 61129504:In which question we are not every one, to make our own private Reason, or Conscience, but the Publique Reason, that is, the reason of Gods Supreme Lieutenant, Judge; and indeed we have made him Judge already, if wee have given him a soveraign power, to doe all that is necessary for our peace and defence Complete text of 61129509: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 Complete text of 61129608:For the points of doctrine concerning the Kingdome (of) God, have so great influence on the Kingdome of Man, as not to be determined, but by them, that under God have the soveraign power Complete text of 61129833: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 Complete text of 61129888:Of The soveraign power Between The Time Of Joshua And Of Saul After the death of Joshua, till the time of Saul, the time between is noted frequently in the Book of Judges, "that there was in those dayes no King in Israel;" and sometimes with this addition, that "every man did that which was right in his own eyes Complete text of 61129889:" By which is to bee understood, that where it is said, "there was no King," is meant, "there was no soveraign Power" in Israel Complete text of 61129897:But if we consider not the Exercise, but the Right of governing, the Soveraign power was still in the High Priest Complete text of 61129898:Therefore whatsoever obedience was yeelded to any of the Judges, (who were men chosen by God extraordinarily, to save his rebellious subjects out of the hands of the enemy,) it cannot bee drawn into argument against the Right the High Priest had to the soveraign power , in all matters, both of Policy and Religion Complete text of 61129989:" And yet our Saviour came into this world that hee might bee a King, and a Judge in the world to come: For hee was the Messiah, that is, the Christ, that is, the Anointed Priest, and the soveraign Prophet of God; that is to say, he was to have all the power that was in Moses the Prophet, in the High Priests that succeeded Moses, and in the Kings that succeeded the Priests Complete text of 61130062:OF power ECCLESIASTICALL For the understanding of power ECCLESIASTICALL, what, and in whom it is, we are to distinguish the time from the Ascension of our Saviour, into two parts; one before the Conversion of Kings, and men endued with Soveraign Civill power ; the other after their Conversion Complete text of 61130109:All which sorts of power , are Soveraign, and Coercive Complete text of 61130126:Therefore the Ministers of Christ in this world, have no power by that title, to Punish any man for not Beleeving, or for Contradicting what they say; they have I say no power by that title of Christs Ministers, to Punish such: but if they have soveraign Civill power , by politick institution, then they may indeed lawfully Punish any Contradiction to their laws whatsoever: And St Complete text of 61130158:Paul here speak, were all Infidels; much more therefore we are to obey those Christians, whom God hath ordained to have soveraign power over us Complete text of 61130429:Hitherto therefore the power of making Scripture Canonicall, was in the Civill soveraign Complete text of 61130440:Now seeing Esdras was the High Priest, and the High Priest was their Civill Soveraigne, it is manifest, that the Scriptures were never made Laws, but by the soveraign Civill power Complete text of 61130458:They had not in Commission to make Laws; but to obey, and teach obedience to Laws made; and consequently they could not make their Writings obligatory Canons, without the help of the soveraign Civill Power Complete text of 61130571:If therefore they pretended no right to appoint their successors, I think I may reasonably conclude, they had no right to appoint the new power ; which none could take from the Church to bestow on them, but such as had a lawfull authority, not onely to Teach, but to Command the Church; which none could doe, but the Civill soveraign Complete text of 61130648:) to the soveraign power Civill, whether it be in one Man, or in one Assembly of men Complete text of 61130649: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 Complete text of 61130655: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 Complete text of 61130657: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 Complete text of 61130659:For let it be supposed, that a Christian King commit the Authority of Ordaining Pastors in his Dominions to another King, (as divers Christian Kings allow that power to the Pope;) he doth not thereby constitute a Pastor over himself, nor a soveraign Pastor over his People; for that were to deprive himself of the Civill power ; which depending on the opinion men have of their Duty to him, and the fear they have of Punishment in another world, would depend also on the skill, and loyalty of Doctors, who are no lesse subject, not only to Ambition, but also to Ignorance, than any other sort of men Complete text of 61130671:Christian Kings Have power To Execute All Manner Of Pastoral Function But if every Christian soveraign be the Supreme Pastor of his own Subjects, it seemeth that he hath also the Authority, not only to Preach (which perhaps no man will deny;) but also to Baptize, and to Administer the Sacrament of the Lords Supper; and to Consecrate both Temples, and Pastors to Gods service; which most men deny; partly because they use not to do it; and partly because the Administration of Sacraments, and Consecration of Persons, and Places to holy uses, requireth the Imposition of such mens hands, as by the like Imposition successively from the time of the Apostles have been ordained to the like Ministery Complete text of 61130765:But every soveraign , before Christianity, had the power of Teaching, and Ordaining Teachers; and therefore Christianity gave them no new Right, but only directed them in the way of teaching truth; and consequently they needed no Imposition of Hands (besides that which is done in Baptisme) to authorize them to exercise any part of the Pastorall Function, as namely, to Baptize, and Consecrate Complete text of 61130899: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 Complete text of 61130929:But this also maketh onely for the Legislative power of Civill Soveraigns: For the Scribes, and Pharisees sat in Moses Chaire, but Moses next under God was soveraign of the People of Israel: and therefore our Saviour commanded them to doe all that they should say, but not all that they should do Complete text of 61131033:For Jurisdiction is the power of hearing and determining Causes between man and man; and can belong to none, but him that hath the power to prescribe the Rules of Right and Wrong; that is, to make Laws; and with the Sword of Justice to compell men to obey his Decisions, pronounced either by himself, or by the Judges he ordaineth thereunto; which none can lawfully do, but the Civill soveraign Complete text of 61131036:And yet this hinders not, but that our Saviour gave them power to Preach and Baptize in all parts of the world, supposing they were not by their own lawfull soveraign forbidden: For to our own Soveraigns Christ himself, and his Apostles have in sundry places expressely commanded us in all things to be obedient Complete text of 61131056:" This also is granted, so he doe it in his own Dominions, or in the Dominions of any other Prince that hath given him that power ; but not universally, in Right of the Popedome: For that power belongeth to every Christian soveraign , within the bounds of his owne Empire, and is inseparable from the Soveraignty Complete text of 61131094:When therefore he saith, the Civill power is Subject to the Spirituall, his meaning is, that the Civill soveraign , is Subject to the Spirituall Soveraign Complete text of 61131105:For to every End, the Means are determined by Nature, or by God himselfe supernaturally: but the Power to make men use the Means, is in every nation resigned (by the Law of Nature, which forbiddeth men to violate their Faith given) to the Civill soveraign Complete text of 61131402:OF SPIRITUALL DARKNESSE FROM MISINTERPRETATION OF SCRIPTURE The Kingdome Of Darknesse What Besides these soveraign Powers, Divine, and Humane, of which I have hitherto discoursed, there is mention in Scripture of another power , namely, (Eph Complete text of 61131886:From whence wee may by the way observe, that there is no place for the superiority of the Pope over other Bishops, except in the territories whereof he is himself the Civill soveraign ; and where the Emperour having soveraign power Civill, hath expressely chosen the Pope for the chief Pastor under himselfe, of his Christian Subjects Complete text of 61131962:Upon the same ground they say, that the Figure, and Colour, and Tast of a peece of Bread, has a being, there, where they say there is no Bread: And upon the same ground they say, that Faith, and Wisdome, and other Vertues are sometimes powred into a man, sometimes blown into him from Heaven; as if the Vertuous, and their Vertues could be asunder; and a great many other things that serve to lessen the dependance of Subjects on the soveraign power of their Countrey Complete text of 61132019: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 Complete text of 61132057:But Cui Bono? What Profit did they expect from it? The same which the Popes expected: to have a soveraign power over the People Complete text of 61132058:For what is it for men to excommunicate their lawful King, but to keep him from all places of Gods publique Service in his own Kingdom? and with force to resist him, when he with force endeavoureth to correct them? Or what is it, without Authority from the Civill soveraign , to excommunicate any person, but to take from him his Lawfull Liberty, that is, to usurpe an unlawfull power over their Brethren? The Authors therefore of this Darknesse in Religion, are the Romane, and the Presbyterian Clergy Complete text of 61132160:In the 29th Chapter I have set down for one of the causes of the Dissolutions of Common-wealths, their Imperfect Generation, consisting in the want of an Absolute and Arbitrary Legislative power ; for want whereof, the Civill soveraign is fain to handle the Sword of Justice unconstantly, and as if it were too hot for him to hold: One reason whereof (which I have not there mentioned) is this, That they will all of them justifie the War, by which their power was at first gotten, and whereon (as they think) their Right dependeth, and not on the Possession Complete text of 61132166: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 Complete text of 61132167:Wee know that generally in all Common-wealths, the Execution of Corporeall Punishments, was either put upon the Guards, or other Souldiers of the soveraign power ; or given to those, in whom want of means, contempt of honour, and hardnesse of heart, concurred, to make them sue for such an Office |