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| subject : subject soveraign: soveraign 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 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 61127228:For if it be in any other particular Man, or private Assembly, it is in a person subject , and may be assumed by the soveraign at his pleasure; and consequently the Right is in himselfe Complete text of 61127260: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 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 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 61127401:The Liberty of a subject , lyeth therefore only in those things, which in regulating their actions, the soveraign hath praetermitted; such as is the Liberty to buy, and sell, and otherwise contract with one another; to choose their own aboad, their own diet, their own trade of life, and institute their children as they themselves think fit; & the like 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 61127403:For it has been already shewn, that nothing the soveraign Representative can doe to a subject , on what pretence soever, can properly be called Injustice, or Injury; because every subject is Author of every act the Soveraign doth; so that he never wanteth Right to any thing, otherwise, than as he himself is the subject of God, and bound thereby to observe the laws of Nature 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 61127405:And the same holdeth also in a soveraign Prince, that putteth to death an Innocent subject Complete text of 61127427: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 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 61127451:In cases where the soveraign has prescribed no rule, there the subject hath the liberty to do, or forbeare, according to his own discretion Complete text of 61127456:If a subject have a controversie with his Soveraigne, of Debt, or of right of possession of lands or goods, or concerning any service required at his hands, or concerning any penalty corporall, or pecuniary, grounded on a precedent Law; He hath the same Liberty to sue for his right, as if it were against a subject ; and before such Judges, as are appointed by the soveraign Complete text of 61127458:The sute therefore is not contrary to the will of the soveraign ; and consequently the subject hath the Liberty to demand the hearing of his Cause; and sentence, according to 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 61127474:In Case Of Banishment If the soveraign Banish his subject ; during the Banishment, he is not Subject Complete text of 61127477:In Case The soveraign Render Himself subject To Another If a Monarch subdued by war, render himself subject to the Victor; his Subjects are delivered from their former obligation, and become obliged to the Victor 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 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 61127529:For the whole Body is in this case his fellow subject , which in a soveraign Assembly, is otherwise: for there, if the soveraign be not Judge, though in his own cause, there can be no Judge at all Complete text of 61127551:For example, if a soveraign Monarch, or a soveraign Assembly, shall think fit to give command to the towns, and other severall parts of their territory, to send to him their Deputies, to enforme him of the condition, and necessities of the Subjects, or to advise with him for the making of good Lawes, or for any other cause, as with one Person representing the whole Country, such Deputies, having a place and time of meeting assigned them, are there, and at that time, a Body Politique, representing every subject of that Dominion; but it is onely for such matters as shall be propounded unto them by that Man, or Assembly, that by the soveraign Authority sent for them; and when it shall be declared that nothing more shall be propounded, nor debated by them, the Body is dissolved Complete text of 61127643:All Private Estates Of Land Proceed Originally From The Arbitrary Distribution Of The soveraign In this Distribution, the First Law, is for Division of the Land it selfe: wherein the soveraign assigneth to every man a portion, according as he, and not according as any subject , or any number of them, shall judge agreeable to Equity, and the Common Good Complete text of 61127646:Propriety Of A subject Excludes Not The Dominion Of The soveraign , But Onely Of Another subject From whence we may collect, that the Propriety which a subject hath in his lands, consisteth in a right to exclude all other subjects from the use of them; and not to exclude their soveraign , be it an Assembly, or a Monarch Complete text of 61127647: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 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 61127656:The Places And Matter Of Traffique Depend, As Their Distribution, On The soveraign As the Distribution of Lands at home; so also to assigne in what places, and for what commodities, the subject shall traffique abroad, belongeth to the soveraign Complete text of 61127757:The soveraign of a Common-wealth, be it an Assembly, or one Man, is not subject to the Civill Lawes 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 61127839:For it is not the Letter, but the Intendment, or Meaning; that is to say, the authentique Interpretation of the Law (which is the sense of the Legislator,) in which the nature of the Law consisteth; And therefore the Interpretation of all Lawes dependeth on the Authority soveraign ; and the Interpreters can be none but those, which the soveraign , (to whom only the Subject oweth obedience) shall appoint 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 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 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 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 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 61128193:But to those Lawes which the soveraign himselfe, that is, which the Common-wealth maketh, he is not subject Complete text of 61128194: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 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 61128236: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 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 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 61128369:But when the soveraign himselfe is Popular, that is, reverenced and beloved of his People, there is no danger at all from the Popularity of a subject Complete text of 61128552:It is true, that God is the soveraign of all Soveraigns; and therefore, when he speaks to any subject , he ought to be obeyed, whatsoever any earthly Potentate command to the contrary Complete text of 61128965:To the contrary, I find the KINGDOME OF GOD, to signifie in most places of Scripture, a Kingdome Properly So Named, constituted by the Votes of the People of Israel in peculiar manner; wherein they chose God for their King by Covenant made with him, upon Gods promising them the possession of the land of Canaan; and but seldom metaphorically; and then it is taken for Dominion Over Sinne; (and only in the New Testament;) because such a Dominion as that, every subject shall have in the Kingdome of God, and without prejudice to the soveraign Complete text of 61129038:The Nation which is subject to one earthly soveraign , is the Nation of that soveraign , that is, of the Publique Person Complete text of 61129402:" All Prophecy But Of The soveraign Prophet Is To Be Examined By Every subject Seeing then there was in the time of the Old Testament, such quarrells amongst the Visionary Prophets, one contesting with another, and asking When departed the Spirit from me, to go to thee? as between Michaiah, and the rest of the four hundred; and such giving of the Lye to one another, (as in Jerem Complete text of 61130169:But then what shall we answer to our Saviours saying, "Whosoever denyeth me before men, I will deny him before my Father which is in Heaven?" This we may say, that whatsoever a subject , as Naaman was, is compelled to in obedience to his soveraign , and doth it not in order to his own mind, but in order to the laws of his country, that action is not his, but his Soveraigns; nor is it he that in this case denyeth Christ before men, but his Governour, and the law of his countrey Complete text of 61130170: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 Complete text of 61130326:Nor is the Excommunication of a Christian subject , that obeyeth the laws of his own soveraign , whether Christian, or Heathen, of any effect Complete text of 61130336:Therefore a true and unfeigned Christian is not liable to Excommunication; Nor he also that is a professed Christian, till his Hypocrisy appear in his Manners, that is, till his behaviour bee contrary to the law of his soveraign , which is the rule of Manners, and which Christ and his Apostles have commanded us to be subject to 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 61130987:He cannot oblige men to beleeve; though as a Civill soveraign he may make Laws suitable to his Doctrine, which may oblige men to certain actions, and sometimes to such as they would not otherwise do, and which he ought not to command; and yet when they are commanded, they are Laws; and the externall actions done in obedience to them, without the inward approbation, are the actions of the soveraign , and not of the subject , which is in that case but as an instrument, without any motion of his owne at all; because God hath commanded to obey them 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 61131095:And the Argument stands thus, "The Civil soveraign , is subject to the Spirituall; Therefore the Spirituall Prince may command Temporall Princes Complete text of 61131103:Therefore there is nothing in this similitude, from whence to inferre a dependance of the Laity on the Clergy, or of the Temporall Officers on the Spirituall; but of both on the Civill soveraign ; which ought indeed to direct his Civill commands to the Salvation of Souls; but is not therefore subject to any but God himselfe Complete text of 61131388:And in case a subject be forbidden by the Civill soveraign to professe some of those his opinions, upon what grounds can he disobey? Christian Kings may erre in deducing a Consequence, but who shall Judge? Shall a private man Judge, when the question is of his own obedience? or shall any man Judg but he that is appointed thereto by the Church, that is, by the Civill soveraign that representeth it? or if the Pope, or an Apostle Judge, may he not erre in deducing of a consequence? did not one of the two, St Complete text of 61131999: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 Complete text of 61132144:Chapter; namely, that for him that hath no obligation to his former soveraign but that of an ordinary subject , it is then, when the means of his life is within the Guards and Garrisons of the Enemy; for it is then, that he hath no longer Protection from him, but is protected by the adverse party for his Contribution |