The code of hammurabi



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Then, for the way by which they think these invisible agents wrought their effects; that is to say, what immediate causes they used in bringing things to pass, men that know not what it is that we call causing (that is, almost all men) have no other rule to guess by but by observing and remembering what they have seen to precede the like effect at some other time, or times before, without seeing between the antecedent and subsequent event any dependence or connexion at all: and therefore from the like things past, they expect the like things to come; and hope for good or evil luck, superstitiously, from things that have no part at all in the causing of it: as the Athenians did for their war at Lepanto demand another Phormio; the Pompeian faction for their war in Africa, another Scipio; and others have done in diverse other occasions since. In like manner they attribute their fortune to a stander by, to a lucky or unlucky place, to words spoken, especially if the name of God be amongst them, as charming, and conjuring (the liturgy of witches); insomuch as to believe they have power to turn a stone into bread, bread into a man, or anything into anything.
Thirdly, for the worship which naturally men exhibit to powers invisible, it can be no other but such expressions of their reverence as they would use towards men; gifts, petitions, thanks, submission of body, considerate addresses, sober behaviour, premeditated words, swearing (that is, assuring one another of their promises), by invoking them. Beyond that, reason suggesteth nothing, but leaves them either to rest there, or for further ceremonies to rely on those they believe to be wiser than themselves.
Lastly, concerning how these invisible powers declare to men the things which shall hereafter come to pass, especially concerning their good or evil fortune in general, or good or ill success in any particular undertaking, men are naturally at a stand; save that using to conjecture of the time to come by the time past, they are very apt, not only to take casual things, after one or two encounters, for prognostics of the like encounter ever after, but also to believe the like prognostics from other men of whom they have once conceived a good opinion.
And in these four things, opinion of ghosts, ignorance of second causes, devotion towards what men fear, and taking of things casual for prognostics, consisteth the natural seed of religion; which, by reason of the different fancies, judgements, and passions of several men, hath grown up into ceremonies so different that those which are used by one man are for the most part ridiculous to another.
For these seeds have received culture from two sorts of men. One sort have been they that have nourished and ordered them, according to their own invention. The other have done it by God's commandment and direction. But both sorts have done it with a purpose to make those men that relied on them the more apt to obedience, laws, peace, charity, and civil society. So that the religion of the former sort is a part of human politics; and teacheth part of the duty which earthly kings require of their subjects. And the religion of the latter sort is divine politics; and containeth precepts to those that have yielded themselves subjects in the kingdom of God. Of the former sort were all the founders of Commonwealths, and the lawgivers of the Gentiles: of the latter sort were Abraham, Moses, and our blessed Saviour, by whom have been derived unto us the laws of the kingdom of God.
And for that part of religion which consisteth in opinions concerning the nature of powers invisible, there is almost nothing that has a name that has not been esteemed amongst the Gentiles, in one place or another, a god or devil; or by their poets feigned to be animated, inhabited, or possessed by some spirit or other.
The unformed matter of the world was a god by the name of Chaos.
The heaven, the ocean, the planets, the fire, the earth, the winds, were so many gods.
Men, women, a bird, a crocodile, a calf, a dog, a snake, an onion, a leek, were deified. Besides that, they filled almost all places with spirits called demons: the plains, with Pan and Panises, or Satyrs; the woods, with Fauns and Nymphs; the sea, with Tritons and other Nymphs; every river and fountain, with a ghost of his name and with Nymphs; every house, with its Lares, or familiars; every man, with his Genius; Hell, with ghosts and spiritual officers, as Charon, Cerberus, and the Furies; and in the night time, all places with larvae, lemures, ghosts of men deceased, and a whole kingdom of fairies and bugbears. They have also ascribed divinity, and built temples, to mere accidents and qualities; such as are time, night, day, peace, concord, love, contention, virtue, honour, health, rust, fever, and the like; which when they prayed for, or against, they prayed to as if there were ghosts of those names hanging over their heads, and letting fall or withholding that good, or evil, for or against which they prayed. They invoked also their own wit, by the name of Muses; their own ignorance, by the name of Fortune; their own lust, by the name of Cupid; their own rage, by the name Furies; their own privy members by the name of Priapus; and attributed their pollutions to incubi and succubae: insomuch as there was nothing which a poet could introduce as a person in his poem which they did not make either a god or a devil.
The same authors of the religion of the Gentiles, observing the second ground for religion, which is men's ignorance of causes, and thereby their aptness to attribute their fortune to causes on which there was no dependence at all apparent, took occasion to obtrude on their ignorance, instead of second causes, a kind of second and ministerial gods; ascribing the cause of fecundity to Venus, the cause of arts to Apollo, of subtlety and craft to Mercury, of tempests and storms to Aeolus, and of other effects to other gods; insomuch as there was amongst the heathen almost as great variety of gods as of business.
And to the worship which naturally men conceived fit to be used towards their gods, namely, oblations, prayers, thanks, and the rest formerly named, the same legislators of the Gentiles have added their images, both in picture and sculpture, that the more ignorant sort (that is to say, the most part or generality of the people), thinking the gods for whose representation they were made were really included and as it were housed within them, might so much the more stand in fear of them: and endowed them with lands, and houses, and officers, and revenues, set apart from all other human uses; that is, consecrated, made holy to those their idols; as caverns, groves, woods, mountains, and whole islands; and have attributed to them, not only the shapes, some of men, some of beasts, some of monsters, but also the faculties and passions of men and beasts; as sense, speech, sex, lust, generation, and this not only by mixing one with another to propagate the kind of gods, but also by mixing with men and women to beget mongrel gods, and but inmates of heaven, as Bacchus, Hercules, and others; besides, anger, revenge, and other passions of living creatures, and the actions proceeding from them, as fraud, theft, adultery, sodomy, and any vice that may be taken for an effect of power or a cause of pleasure; and all such vices as amongst men are taken to be against law rather than against honour.
Lastly, to the prognostics of time to come, which are naturally but conjectures upon the experience of time past, and supernaturally, divine revelation, the same authors of the religion of the Gentiles, partly upon pretended experience, partly upon pretended revelation, have added innumerable other superstitious ways of divination, and made men believe they should find their fortunes, sometimes in the ambiguous or senseless answers of the priests at Delphi, Delos, Ammon, and other famous oracles; which answers were made ambiguous by design, to own the event both ways; or absurd, by the intoxicating vapour of the place, which is very frequent in sulphurous caverns: sometimes in the leaves of the Sibyls, of whose prophecies, like those perhaps of Nostradamus (for the fragments now extant seem to be the invention of later times), there were some books in reputation in the time of the Roman republic: sometimes in the insignificant speeches of madmen, supposed to be possessed with a divine spirit, which possession they called enthusiasm; and these kinds of foretelling events were accounted theomancy, or prophecy: sometimes in the aspect of the stars at their nativity, which was called horoscopy, and esteemed a part of judiciary astrology: sometimes in their own hopes and fears, called and fears, called thumomancy, or presage: sometimes in the prediction of witches that pretended conference with the dead, which is called necromancy, conjuring, and witchcraft, and is but juggling and confederate knavery: sometimes in the casual flight or feeding of birds, called augury: sometimes in the entrails of a sacrificed beast, which was haruspicy: sometimes in dreams: sometimes in croaking of ravens, or chattering of birds: sometimes in the lineaments of the face, which was called metoposcopy; or by palmistry in the lines of the hand, in casual words called omina: sometimes in monsters or unusual accidents; as eclipses, comets, rare meteors, earthquakes, inundations, uncouth births, and the like, which they called portenta, and ostenta, because they thought them to portend or foreshow some great calamity to come: sometimes in mere lottery, as cross and pile; counting holes in a sieve; dipping of verses in Homer and Virgil; and innumerable other such vain conceits. So easy are men to be drawn to believe anything from such men as have gotten credit with them; and can with gentleness, and dexterity, take hold of their fear and ignorance.
And therefore the first founders and legislators of Commonwealths amongst the Gentiles, whose ends were only to keep the people in obedience and peace, have in all places taken care: first, to imprint their minds a belief that those precepts which they gave concerning religion might not be thought to proceed from their own device, but from the dictates of some god or other spirit; or else that they themselves were of a higher nature than mere mortals, that their laws might the more easily be received; so Numa Pompilius pretended to receive the ceremonies he instituted amongst the Romans from the nymph Egeria and the first king and founder of the kingdom of Peru pretended himself and his wife to be the children of the sun; and Mahomet, to set up his new religion, pretended to have conferences with the Holy Ghost in form of a dove. Secondly, they have had a care to make it believed that the same things were displeasing to the gods which were forbidden by the laws. Thirdly, to prescribe ceremonies, supplications, sacrifices, and festivals by which they were to believe the anger of the gods might be appeased; and that ill success in war, great contagions of sickness, earthquakes, and each man's private misery came from the anger of the gods; and their anger from the neglect of their worship, or the forgetting or mistaking some point of the ceremonies required. And though amongst the ancient Romans men were not forbidden to deny that which in the poets is written of the pains and pleasures after this life, which divers of great authority and gravity in that state have in their harangues openly derided, yet that belief was always more cherished, than the contrary.
And by these, and such other institutions, they obtained 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 error in their ceremonies, or on their own disobedience to the laws, were the less apt to mutiny against their governors. And being entertained with the pomp and pastime of festivals and public games made in honour of the gods, needed nothing else but bread to keep them from discontent, murmuring, and commotion against the state. And therefore the Romans, that had conquered the greatest part of the then known world, made no scruple of tolerating any religion whatsoever in the city of Rome itself, unless it had something in it that could not consist with their civil government; nor do we read that any religion was there forbidden but that of the Jews, who (being the peculiar kingdom of God) thought it unlawful to acknowledge subjection to any mortal king or state whatsoever. And thus you see how the religion of the Gentiles was a part of their policy.
But where God himself by supernatural revelation planted religion, there he also made to himself a peculiar kingdom, and gave laws, not only of behaviour towards himself, but also towards one another; and thereby in the kingdom of God, the policy and laws civil are a part of religion; and therefore the distinction of temporal and spiritual domination hath there no place. It is true that God is king of all the earth; yet may He be king of a peculiar and chosen nation. For there is no more incongruity therein than that he that hath the general command of the whole army should have withal a peculiar regiment or company of his own. God is king of all the earth by His power, but of His chosen people, He is king by covenant. But to speak more largely of the kingdom of God, both by nature and covenant, I have in the following discourse assigned another place.
From the propagation of religion, it is not hard to understand the causes of the resolution of the same into its first seeds or principles; which are only an opinion of a deity, and powers invisible and supernatural; that can never be so abolished out of human nature, but that new religions may again be made to spring out of them by the culture of such men as for such purpose are in reputation.
For seeing all formed religion is founded at first upon the faith which a multitude hath in some one person, whom they believe not only to be a wise man and to labour to procure their happiness, but also to be a holy man to whom God Himself vouchsafeth to declare His will supernaturally, it followeth necessarily when they that have the government of religion shall come to have either the wisdom of those men, their sincerity, or their love suspected, or that they shall be unable to show any probable token of divine revelation, that the religion which they desire to uphold must be suspected likewise and (without the fear of the civil sword) contradicted and rejected.
That which taketh away the reputation of wisdom in him that formeth a religion, or addeth to it when it is already formed, is the enjoining of a belief of contradictories: for both parts of a contradiction cannot possibly be true, and therefore to enjoin the belief of them is an argument of ignorance, which detects the author in that, and discredits him in all things else he shall propound as from revelation supernatural: which revelation a man may indeed have of many things above, but of nothing against natural reason.
That which taketh away the reputation of sincerity is the doing or saying of such things as appear to be signs that what they require other men to believe is not believed by themselves; all which doings or sayings are therefore called scandalous because they be stumbling-blocks that make men to fall in the way of religion: as injustice, cruelty, profaneness, avarice, and luxury. For who can believe that he that doth ordinarily such actions, as proceed from any of these roots, believeth there is any such invisible power to be feared as he affrighteth other men withal for lesser faults?
That which taketh away the reputation of love is the being detected of private ends: as when the belief they require of others conduceth, or seemeth to conduce, to the acquiring of dominion, riches, dignity, or secure pleasure to themselves only or specially. For that which men reap benefit by to themselves they are thought to do for their own sakes, and not for love of others.
Lastly, the testimony that men can render of divine calling can be no other than the operation of miracles, or true prophecy (which also is a miracle), or extraordinary felicity. And therefore, to those points of religion which have been received from them that did such miracles, those that are added by such as approve not their calling by some miracle obtain no greater belief than what the custom and laws of the places in which they be educated have wrought into them. For as in natural things men of judgement require natural signs and arguments, so in supernatural things they require signs supernatural (which are miracles) before they consent inwardly and from their hearts.
All which causes of the weakening of men's faith do manifestly appear in the examples following. First, we have the example of the children of Israel, who, when Moses that had approved his calling to them by miracles, and by the happy conduct of them out of Egypt, was absent but forty days, revolted from the worship of the true God recommended to them by him, and, setting up[Exodus, 32. 1, 2] a golden calf for their god, relapsed into the idolatry of the Egyptians from whom they had been so lately delivered. And again, after Moses, Aaron, Joshua, and that generation which had seen the great works of God in Israel were dead, another generation arose and served Baal. [Judges, 2. 11] So that Miracles failing, faith also failed.
Again, when the sons of Samuel, being constituted by their father judges in Beer-sheba, received bribes and judged unjustly, the people of Israel refused any more to have God to be their king in other manner than He was king of other people, and therefore cried out to Samuel to choose them a king after the manner of the nations. I Samuel, 8. 3] So that justice failing, faith also failed, insomuch as they deposed their God from reigning over them.
And whereas in the planting of Christian religion the oracles ceased in all parts of the Roman Empire, and the number of Christians increased wonderfully every day and in every place by the preaching of the Apostles and Evangelists, a great part of that success may reasonably be attributed to the contempt into which the priests of the Gentiles of that time had brought themselves by their uncleanness, avarice, and juggling between princes. Also the religion of the Church of Rome was partly for the same cause abolished in England and many other parts of Christendom, insomuch as the failing of virtue in the pastors maketh faith fail in the people, and partly from bringing of the philosophy and doctrine of Aristotle into religion by the Schoolmen; from whence there arose so many contradictions and absurdities as brought the clergy into a reputation both of ignorance and of fraudulent intention, and inclined people to revolt from them, either against the will of their own princes as in France and Holland, or with their will as in England.
Lastly, amongst the points by the Church of Rome declared necessary for salvation, there be so many manifestly to the advantage of the Pope so many of his spiritual subjects residing in the territories of other Christian princes that, were it not for the mutual emulation of those princes, they might without war or trouble exclude all foreign authority, as easily as it has been excluded in England. For who is there that does not see to whose benefit it conduceth to have it believed that a king hath not his authority from Christ unless a bishop crown him? That a king, if he be a priest, cannot marry? That whether a prince be born in lawful marriage, or not, must be judged by authority from Rome? That subjects may be freed from their allegiance if by the court of Rome the king be judged a heretic? That a king, as Childeric of France, may be deposed by a Pope, as Pope Zachary, for no cause, and his kingdom given to one of his subjects? That the clergy, and regulars, in what country soever, shall be exempt from the jurisdiction of their king in cases criminal? Or who does not see to whose profit redound the fees of private Masses, and vales of purgatory, with other signs of private interest enough to mortify the most lively faith, if, as I said, the civil magistrate and custom did not more sustain it than any opinion they have of the sanctity, wisdom, or probity of their teachers? So that I may attribute all the changes of religion in the world to one and the same cause, and that is unpleasing priests; and those not only amongst catholics, but even in that Church that hath presumed most of reformation.

CHAPTER XIII OF THE NATURAL CONDITION OF MANKIND AS CONCERNING THEIR FELICITY AND MISERY


NATURE hath made men so equal in the faculties of body and mind as that, though there be found one man sometimes manifestly stronger in body or of quicker mind than another, yet when all is reckoned together the difference between man and man is not so considerable as that one man can thereupon claim to himself any benefit to which another may not pretend as well as he. For as to the strength of body, the weakest has strength enough to kill the strongest, either by secret machination or by confederacy with others that are in the same danger with himself.
And as to the faculties of the mind, setting aside the arts grounded upon words, and especially that skill of proceeding upon general and infallible rules, called science, which very few have and but in few things, as being not a native faculty born with us, nor attained, as prudence, while we look after somewhat else, I find yet a greater equality amongst men than that of strength. For prudence is but experience, which equal time equally bestows on all men in those things they equally apply themselves unto. That which may perhaps make such equality incredible is but a vain conceit of one's own wisdom, which almost all men think they have in a greater degree than the vulgar; that is, than all men but themselves, and a few others, whom by fame, or for concurring with themselves, they approve. For such is the nature of men that howsoever they may acknowledge many others to be more witty, or more eloquent or more learned, yet they will hardly believe there be many so wise as themselves; for they see their own wit at hand, and other men's at a distance. But this proveth rather that men are in that point equal, than unequal. For there is not ordinarily a greater sign of the equal distribution of anything than that every man is contented with his share.
From this equality of ability ariseth equality of hope in the attaining of our ends. And therefore if any two men desire the same thing, which nevertheless they cannot both enjoy, they become enemies; and in the way to their end (which is principally their own conservation, and sometimes their delectation only) endeavour to destroy or subdue one another. And from hence it comes to pass that where an invader hath no more to fear than another man's single power, if one plant, sow, build, or possess a convenient seat, others may probably be expected to come prepared with forces united to dispossess and deprive him, not only of the fruit of his labour, but also of his life or liberty. And the invader again is in the like danger of another.
And from this diffidence of one another, there is no way for any man to secure himself so reasonable as anticipation; that is, by force, or wiles, to master the persons of all men he can so long till he see no other power great enough to endanger him: and this is no more than his own conservation requireth, and is generally allowed. Also, because there be some that, taking pleasure in contemplating their own power in the acts of conquest, which they pursue farther than their security requires, if others, that otherwise would be glad to be at ease within modest bounds, should not by invasion increase their power, they would not be able, long time, by standing only on their defence, to subsist. And by consequence, such augmentation of dominion over men being necessary to a man's conservation, it ought to be allowed him.
Again, men have no pleasure (but on the contrary a great deal of grief) in keeping company where there is no power able to overawe them all. For every man looketh that his companion should value him at the same rate he sets upon himself, and upon all signs of contempt or undervaluing naturally endeavours, as far as he dares (which amongst them that have no common power to keep them in quiet is far enough to make them destroy each other), to extort a greater value from his contemners, by damage; and from others, by the example.
So that in the nature of man, we find three principal causes of quarrel. First, competition; secondly, diffidence; thirdly, glory.
The first maketh men invade for gain; the second, for safety; and the third, for reputation. The first use violence, to make themselves masters of other men's persons, wives, children, and cattle; the second, to defend them; the third, for trifles, as a word, a smile, a different opinion, and any other sign of undervalue, either direct in their persons or by reflection in their kindred, their friends, their nation, their profession, or their name.
Hereby it is manifest that during the time men live without a common power to keep them all in awe, they are in that condition which is called war; and such a war as is of every man against every man. For war consisteth not in battle only, or the act of fighting, but in a tract of time, wherein the will to contend by battle is sufficiently known: and therefore the notion of time is to be considered in the nature of war, as it is in the nature of weather. For as the nature of foul weather lieth not in a shower or two of rain, but in an inclination thereto of many days together: so the nature of war consisteth not in actual fighting, but in the known disposition thereto during all the time there is no assurance to the contrary. All other time is peace.
Whatsoever therefore is consequent to a time of war, where every man is enemy to every man, the same consequent to the time wherein men live without other security than what their own strength and their own invention shall furnish them withal. In such condition there is no place for industry, because the fruit thereof is uncertain: and consequently no culture of the earth; no navigation, nor use of the commodities that may be imported by sea; no commodious building; no instruments of moving and removing such things as require much force; no knowledge of the face of the earth; no account of time; no arts; no letters; no society; and which is worst of all, continual fear, and danger of violent death; and the life of man, solitary, poor, nasty, brutish, and short.
It may seem strange to some man that has not well weighed these things that Nature should thus dissociate and render men apt to invade and destroy one another: and he may therefore, not trusting to this inference, made from the passions, desire perhaps to have the same confirmed by experience. Let him therefore consider with himself: when taking a journey, he arms himself and seeks to go well accompanied; when going to sleep, he locks his doors; when even in his house he locks his chests; and this when he knows there be laws and public officers, armed, to revenge all injuries shall be done him; what opinion he has of his fellow subjects, when he rides armed; of his fellow citizens, when he locks his doors; and of his children, and servants, when he locks his chests. Does he not there as much accuse mankind by his actions as I do by my words? But neither of us accuse man's nature in it. The desires, and other passions of man, are in themselves no sin. No more are the actions that proceed from those passions till they know a law that forbids them; which till laws be made they cannot know, nor can any law be made till they have agreed upon the person that shall make it.
It may peradventure be thought there was never such a time nor condition of war as this; and I believe it was never generally so, over all the world: but there are many places where they live so now. For the savage people in many places of America, except the government of small families, the concord whereof dependeth on natural lust, have no government at all, and live at this day in that brutish manner, as I said before. Howsoever, it may be perceived what manner of life there would be, where there were no common power to fear, by the manner of life which men that have formerly lived under a peaceful government use to degenerate into a civil war.
But though there had never been any time wherein particular men were in a condition of war one against another, yet in all times kings and persons of sovereign authority, because of their independency, are in continual jealousies, and in the state and posture of gladiators, having their weapons pointing, and their eyes fixed on one another; that is, their forts, garrisons, and guns upon the frontiers of their kingdoms, and continual spies upon their neighbours, which is a posture of war. But because they uphold thereby the industry of their subjects, there does not follow from it that misery which accompanies the liberty of particular men.
To this war of every man against every man, this also is consequent; that nothing can be unjust. The notions of right and wrong, justice and injustice, have there no place. Where there is no common power, there is no law; where no law, no injustice. Force and fraud are in war the two cardinal virtues. Justice and injustice are none of the faculties neither of the body nor mind. If they were, they might be in a man that were alone in the world, as well as his senses and passions. They are qualities that relate to men in society, not in solitude. It is consequent also to the same condition that there be no propriety, no dominion, no mine and thine distinct; but only that to be every man's that he can get, and for so long as he can keep it. And thus much for the ill condition which man by mere nature is actually placed in; though with a possibility to come out of it, consisting partly in the passions, partly in his reason.
The passions that incline men to peace are: fear of death; desire of such things as are necessary to commodious living; and a hope by their industry to obtain them. And reason suggesteth convenient articles of peace upon which men may be drawn to agreement. These articles are they which otherwise are called the laws of nature, whereof I shall speak more particularly in the two following chapters.
CHAPTER XVII
OF THE CAUSES, GENERATION, AND DEFINITION OF A COMMONWEALTH
THE final cause, end, or design of men (who naturally love liberty, and dominion over others) in the introduction of that restraint upon themselves, in which we see them live in Commonwealths, 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 war which is necessarily consequent, as hath been shown, to the natural passions of men when there is no visible power to keep them in awe, and tie them by fear of punishment to the performance of their covenants, and observation of those laws of nature set down in the fourteenth and fifteenth chapters.
For the laws of nature, as justice, equity, modesty, mercy, and, in sum, doing to others as we would be done to, of themselves, without the terror of some power to cause them to be observed, are contrary to our natural passions, that carry us to partiality, pride, revenge, and the like. And covenants, without the sword, are but words and of no strength to secure a man at all. Therefore, notwithstanding the laws of nature (which every one hath then kept, when he has the will to keep them, when he can do it safely), if there be no power erected, or not great enough for our security, every man will and may lawfully rely on his own strength and art for caution against all other men. And in all places, where men have lived by small families, to rob and spoil one another has been a trade, and so far from being reputed against the law of nature that the greater spoils they gained, the greater was their honour; and men observed no other laws therein but the laws of honour; that is, to abstain from cruelty, leaving to men their lives and instruments of husbandry. And as small families did then; so now do cities and kingdoms, which are but greater families (for their own security), enlarge their dominions upon all pretences of danger, and fear of invasion, or assistance that may be given to invaders; endeavour as much as they can to subdue or weaken their neighbours by open force, and secret arts, for want of other caution, justly; and are remembered for it in after ages with honour.
Nor is it the joining together of a small number of men that gives them this security; because in small numbers, small additions on the one side or the other make the advantage of strength so great as is sufficient to carry the victory, and therefore gives encouragement to an invasion. The multitude sufficient to confide in for our security is not determined by any certain number, but by comparison with the enemy we fear; and is then sufficient when the odds of the enemy is not of so visible and conspicuous moment to determine the event of war, as to move him to attempt.
And be there never so great a multitude; yet if their actions be directed according to their particular judgements, and particular appetites, they can expect thereby no defence, nor protection, neither against a common enemy, nor against the injuries of one another. For being distracted in opinions concerning the best use and application of their strength, they do not help, but hinder one another, and reduce their strength by mutual opposition to nothing: whereby they are easily, not only subdued by a very few that agree together, but also, when there is no common enemy, they make war upon each other for their particular interests. For if we could suppose a great multitude of men to consent in the observation of justice, and other laws of nature, without a common power to keep them all in awe, we might as well suppose all mankind to do the same; and then there neither would be, nor need to be, any civil government or Commonwealth at all, because there would be peace without subjection.
Nor is it enough for the security, which men desire should last all the time of their life, that they be governed and directed by one judgement for a limited time; as in one battle, or one war. For though they obtain a victory by their unanimous endeavour against a foreign enemy, yet afterwards, when either they have no common enemy, or he that by one part is held for an enemy is by another part held for a friend, they must needs by the difference of their interests dissolve, and fall again into a war amongst themselves.
It is true that certain living creatures, as bees and ants, live sociably one with another (which are therefore by Aristotle numbered amongst political creatures), and yet have no other direction than their particular judgements and appetites; nor speech, whereby one of them can signify to another what he thinks expedient for the common benefit: and therefore some man may perhaps desire to know why mankind cannot do the same. To which I answer,
First, that men are continually in competition for honour and dignity, which these creatures are not; and consequently amongst men there ariseth on that ground, envy, and hatred, and finally war; but amongst these not so.
Secondly, that amongst these creatures the common good differeth not from the private; and being by nature inclined to their private, they procure thereby the common benefit. But man, whose joy consisteth in comparing himself with other men, can relish nothing but what is eminent.
Thirdly, that these creatures, having not, as man, the use of reason, do not see, nor think they see, any fault in the administration of their common business: whereas amongst men there are very many that think themselves wiser and abler to govern the public better than the rest, and these strive to reform and innovate, one this way, another that way; and thereby bring it into distraction and civil war.
Fourthly, that these creatures, though they have some use of voice in making known to one another their desires and other affections, yet they want that art of words by which some men can represent to others that which is good in the likeness of evil; and evil, in the likeness of good; and augment or diminish the apparent greatness of good and evil, discontenting men and troubling their peace at their pleasure.
Fifthly, irrational creatures cannot distinguish between injury and damage; and therefore as long as they be at ease, they are not offended with their fellows: whereas man is then most troublesome when he is most at ease; for then it is that he loves to show his wisdom, and control the actions of them that govern the Commonwealth.
Lastly, the agreement of these creatures is natural; that of men is by covenant only, which is artificial: and therefore it is no wonder if there be somewhat else required, besides covenant, to make their agreement constant and lasting; which is a common power to keep them in awe and to direct their actions to the common benefit.
The only way to erect such a common power, as may be able to defend them from the invasion of foreigners, and the injuries of one another, and thereby to secure them in such sort as that by their own industry and by the fruits of the earth they may nourish themselves and live contentedly, is to confer 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 bear their person; and every one to own and acknowledge himself to be author of whatsoever he that so beareth their person shall act, or cause to be acted, in those things which concern the common peace and safety; and therein to submit their wills, every one to his will, and their judgements to his judgement. This is more than consent, or concord; it is a real unity of them all in one and the same person, made by covenant of every man with every man, in such manner as if every man should say to every man: I authorise and give up my right of governing myself to this man, or to this assembly of men, on this condition; that thou give up, thy right to him, and authorise all his actions in like manner. This done, the multitude so united in one person is called a COMMONWEALTH; in Latin, CIVITAS. This is the generation of that great LEVIATHAN, or rather, to speak more reverently, of that mortal god to which we owe, under the immortal God, our peace and defence. For by this authority, given him by every particular man in the Commonwealth, he hath the use of so much power and strength conferred on him that, by terror thereof, he is enabled to form the wills of them all, to peace at home, and mutual aid against their enemies abroad. And in him consisteth the essence of the Commonwealth; which, to define it, is: one person, of whose acts a great multitude, by mutual 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.
And he that carryeth this person is called sovereign, and said to have sovereign power; and every one besides, his subject.
The attaining to this sovereign power is by two ways. One, by natural force: as when a man maketh his children to submit themselves, and their children, to his government, as being able to destroy them if they refuse; or by war subdueth his enemies to his will, giving them their lives on that condition. The other, is when men agree amongst themselves to submit to some man, or assembly of men, voluntarily, on confidence to be protected by him against all others. This latter may be called a political Commonwealth, or Commonwealth by Institution; and the former, a Commonwealth by acquisition. And first, I shall speak of a Commonwealth by institution.
CHAPTER XVIII
OF THE RIGHTS OF SOVEREIGNS BY INSTITUTION
A COMMONWEALTH 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 authorize 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.
From this institution of a Commonwealth are derived all the rights and faculties of him, or them, on whom the sovereign power is conferred by the consent of the people assembled.
First, because they covenant, it is to be understood they are not obliged by former covenant to anything repugnant hereunto. And consequently they that have already instituted a Commonwealth, 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 anything whatsoever, without his permission. And therefore, they that are subjects to a monarch cannot without his leave cast off monarchy and return to the confusion of a disunited multitude; nor transfer their person from him that beareth it to another man, other assembly of men: for they are bound, every man to every man, to own and be reputed author of all that already is their sovereign shall do and judge fit to be done; so that any one man dissenting, all the rest should break their covenant made to that man, which is injustice: and they have also every man given the sovereignty to him that beareth their person; and therefore if they depose him, they take from him that which is his own, and so again it is injustice. Besides, if he that attempteth to depose his sovereign be killed or punished by him for such attempt, he is author of his own punishment, as being, by the institution, author of all his sovereign shall do; and because it is injustice for a man to do anything for which he may be punished by his own authority, he is also upon that title unjust. And whereas some men have pretended for their disobedience to their sovereign a new covenant, made, not with men but with God, this also is unjust: for there is no covenant with God but by mediation of somebody that representeth God's person, which none doth but God's lieutenant who hath the sovereignty under God. But this pretence of covenant with God is so evident a lie, even in the pretenders' own consciences, that it is not only an act of an unjust, but also of a vile and unmanly disposition.
Secondly, because the right of bearing the person of them all is given to him they make sovereign, by covenant only of one to another, and not of him to any of them, there can happen no breach of covenant on the part of the sovereign; and consequently none of his subjects, by any pretence of forfeiture, can be freed from his subjection. That he which is made sovereign maketh no covenant with his subjects before hand is manifest; because either he must make it with the whole multitude, as one party to the covenant, or he must make a several covenant with every man. With the whole, as one party, it is impossible, because as they are not one person: and if he make so many several covenants as there be men, those covenants after he hath the sovereignty are void; because what act soever can be pretended by any one of them for breach thereof is the act both of himself, and of all the rest, because done in the person, and by the right of every one of them in particular. Besides, if any one or more of them pretend a breach of the covenant made by the sovereign at his institution, and others or one other of his subjects, or himself alone, pretend there was no such breach, there is in this case no judge to decide the controversy: it returns therefore to the sword again; and every man recovereth the right of protecting himself by his own strength, contrary to the design they had in the institution. It is therefore in vain to grant sovereignty by way of precedent covenant. The opinion that any monarch receiveth his power by covenant, that is to say, on condition, proceedeth from want of understanding this easy truth: that covenants being but words, and breath, have no force to oblige, contain, constrain, or protect any man, but what it has from the public sword; that is, from the untied hands of that man, or assembly of men, that hath the sovereignty, and whose actions are avouched by them all, and performed by the strength of them all, in him united. But when an assembly of men is made sovereign, then no man imagineth any such covenant to have passed in the institution: for no man is so dull as to say, for example, the people of Rome made a covenant with the Romans to hold the sovereignty on such or such conditions; which not performed, the Romans might lawfully depose the Roman people. That men see not the reason to be alike in a monarchy and in a popular government proceedeth from the ambition of some that are kinder to the government of an assembly, whereof they may hope to participate, than of monarchy, which they despair to enjoy.
Thirdly, because the major part hath by consenting voices declared a sovereign, he that dissented must now consent with the rest; that is, be contented to avow all the actions he shall do, or else justly be destroyed by the rest. For if he voluntarily entered into the congregation of them that were assembled, he sufficiently declared thereby his will, and therefore tacitly covenanted, to stand to what the major part should ordain: and therefore if he refuse to stand thereto, or make protestation against any of their decrees, he does contrary to his covenant, and therefore unjustly. And whether he be of the congregation or not, and whether his consent be asked or not, he must either submit to their decrees or be left in the condition of war he was in before; wherein he might without injustice be destroyed by any man whatsoever.
Fourthly, because every subject is by this institution author of all the actions and judgements of the sovereign instituted, it follows that whatsoever he doth, can be no injury to any of his subjects; nor ought he to be by any of them accused of injustice. For he that doth anything by authority from another doth therein no injury to him by whose authority he acteth: but by this institution of a Commonwealth every particular man is author of all the sovereign doth; and consequently he that complaineth of injury from his sovereign complaineth of that whereof he himself is author, and therefore ought not to accuse any man but himself; no, nor himself of injury, because to do injury to oneself is impossible. It is true that they that have sovereign power may commit iniquity, but not injustice or injury in the proper signification.
Fifthly, and consequently to that which was said last, no man that hath sovereign power can justly be put to death, or otherwise in any manner by his subjects punished. For seeing every subject is author of the actions of his sovereign, he punisheth another for the actions committed by himself.
And because the end of this institution is the peace and defence of them all, and whosoever has right to the end has right to the means, it belonged of right to whatsoever man or assembly that hath the sovereignty to be judge both of the means of peace and defence, and also of the hindrances and disturbances of the same; and to do whatsoever he shall think necessary to be done, both beforehand, for the preserving of peace and security, by prevention of discord at home, and hostility from abroad; and when peace and security are lost, for the recovery of the same. And therefore,
Sixthly, it is annexed to the sovereignty to be judge of what opinions and doctrines are averse, and what conducing to peace; and consequently, on what occasions, how far, and what men are to be trusted withal in speaking to multitudes of people; and who shall examine the doctrines of all books before they be published. For the actions of men proceed from their opinions, and in the well governing of opinions consisteth the well governing of men's actions in order to their peace and concord. And though in matter of doctrine nothing to be regarded but the truth, yet this is not repugnant to regulating of the same by peace. For doctrine repugnant to peace can no more be true, than peace and concord can be against the law of nature. It is true that in a Commonwealth, where by the negligence or unskillfulness of governors and teachers false doctrines are by time generally received, the contrary truths may be generally offensive: yet the most sudden and rough bustling in of a new truth that can be does never break the peace, but only sometimes awake the war. For those men that are so remissly governed that they dare take up arms to defend or introduce an opinion are still in war; and their condition, not peace, but only a cessation of arms for fear of one another; and they live, as it were, in the procincts of battle continually. It belonged therefore to him that hath the sovereign power to be judge, or constitute all judges of opinions and doctrines, as a thing necessary to peace; thereby to prevent discord and civil war.
Seventhly, is annexed to the sovereignty the whole power of prescribing the rules whereby every man may know what goods he may enjoy, and what actions he may do, without being molested by any of his fellow subjects: and this is it men call propriety. For before constitution of sovereign power, as hath already been shown, all men had right to all things, which necessarily causeth war: and therefore this propriety, being necessary to peace, and depending on sovereign power, is the act of that power, in order to the public peace. These rules of propriety (or meum and tuum) and of good, evil, lawful, and unlawful in the actions of subjects are the civil laws; that is to say, the laws of each Commonwealth in particular; though the name of civil law be now restrained to the ancient civil laws of the city of Rome; which being the head of a great part of the world, her laws at that time were in these parts the civil law.
Eighthly, is annexed to the sovereignty the right of judicature; that is to say, of hearing and deciding all controversies which may arise concerning law, either civil or natural, or concerning fact. For without the decision of controversies, there is no protection of one subject against the injuries of another; the laws concerning meum and tuum are in vain, and to every man remaineth, from the natural and necessary appetite of his own conservation, the right of protecting himself by his private strength, which is the condition of war, and contrary to the end for which every Commonwealth is instituted.
Ninthly, is annexed to the sovereignty the right of making war and peace with other nations and Commonwealths; that is to say, of judging when it is for the public good, and how great forces are to be assembled, armed, and paid for that end, and to levy money upon the subjects to defray the expenses thereof. 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 sovereign instituted, therefore hath, because the command of the militia, without other institution, maketh him that hath it sovereign. And therefore, whosoever is made general of an army, he that hath the sovereign power is always generalissimo.
Tenthly, is annexed to the sovereignty the choosing of all counsellors, ministers, magistrates, and officers, both in peace and war. For seeing the sovereign 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.
Eleventhly, to the sovereign is committed the power of rewarding with riches or honour; and of punishing with corporal or pecuniary punishment, or with ignominy, every subject according to the law 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 Commonwealth, or deterring of them from doing disservice to the same.
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, quarrels, factions, and at last war, to the destroying of one another, and diminution of their strength against a common enemy; it is necessary that there be laws of honour, and a public rate of the worth of such men as have deserved or are able to deserve well of the Commonwealth, and that there be force in the hands of some or other to put those laws in execution. But it hath already been shown that not only the whole militia, or forces of the Commonwealth, but also the judicature of all controversies, is annexed to the sovereignty. To the sovereign therefore it belonged also to give titles of honour, and to appoint what order of place and dignity each man shall hold, and what signs of respect in public or private meetings they shall give to one another.
These are the rights which make the essence of sovereignty, and which are the marks whereby a man may discern in what man, or assembly of men, the sovereign power is placed and resideth. For these are incommunicable and inseparable. The power to coin money, to dispose of the estate and persons of infant heirs, to have pre-emption in markets, and all other statute prerogatives may be transferred by the sovereign, and yet the power to protect his subjects be retained. But if he transfer the militia, he retains the judicature in vain, for want of execution of the laws; or if he grant away the power of raising money, the militia is in vain; or if he give away the government of doctrines, men will be frighted into rebellion with the fear of spirits. And so if we consider any one of the said rights, we shall presently see that the holding of all the rest will produce no effect in the conservation of peace and justice, the end for which all Commonwealths are instituted. And this division is it whereof it is said, a kingdom divided in itself cannot stand: for unless this division precede, division into opposite armies can never happen. If there had not first been an opinion received of the greatest part of England that these powers were divided between the King and the Lords and the House of Commons, the people had never been divided and fallen into this Civil War; first between those that disagreed in politics, and after between the dissenters about the liberty of religion, which have so instructed men in this point of sovereign right that there be few now in England that do not see that these rights are inseparable, and will be so generally acknowledged at the next return of peace; and so continue, till their miseries are forgotten, and no longer, except the vulgar be better taught than they have hitherto been.
And because they are essential and inseparable rights, it follows necessarily that in whatsoever words any of them seem to be granted away, yet if the sovereign power itself be not in direct terms renounced and the name of sovereign no more given by the grantees to him that grants them, the grant is void: for when he has granted all he can, if we grant back the sovereignty, all is restored, as inseparably annexed thereunto.
This great authority being indivisible, and inseparably annexed to the sovereignty, there is little ground for the opinion of them that say of sovereign kings, though they be singulis majores, of greater power than every one of their subjects, yet they be universis minores, of less power than them all together. For if by all together, they mean not the collective body as one person, then all together and every one signify the same; and the speech is absurd. But if by all together, they understand them as one person (which person the sovereign bears), then the power of all together is the same with the sovereign's power; and so again the speech is absurd: which absurdity they see well enough when the sovereignty is in an assembly of the people; but in a monarch they see it not; and yet the power of sovereignty is the same in whomsoever it be placed.

And as the power, so also the honour of the sovereign, ought to be greater than that of any or all the subjects. For in the sovereignty is the fountain of honour. The dignities of lord, earl, duke, and prince are his creatures. As in the presence of the master, the servants are equal, and without any honour at all; so are the subjects, in the presence of the sovereign. And though they shine some more, some less, when they are out of his sight; yet in his presence, they shine no more than the stars in presence of the sun.

But a man may here object that the condition of subjects is very miserable, as being obnoxious to the lusts and other irregular passions of him or them that have so unlimited a power in their hands. 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 sovereign assembly, attribute all the inconvenience to that form of Commonwealth; whereas the power in all forms, 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 form of government can possibly happen to the people in general is scarce sensible, in respect of the miseries and horrible calamities that accompany a civil war, or that dissolute condition of masterless men without subjection to laws and a coercive power to tie their hands from rapine and revenge: nor considering that the greatest pressure of sovereign governors proceedeth, not from any delight or profit they can expect in the damage weakening of their subjects, in whose vigour consisteth their own strength and glory, but in the restiveness of themselves that, unwillingly contributing to their own defence, make it necessary for their governors 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. For all men are by nature provided of notable multiplying glasses (that is their passions and self-love) through which every little payment appeareth a great grievance, but are destitute of those prospective glasses (namely moral and civil science) to see afar off the miseries that hang over them and cannot without such payments be avoided.

CHAPTER XXIX

OF THOSE THINGS THAT WEAKEN OR TEND TO THE DISSOLUTION OF A COMMONWEALTH
THOUGH nothing can be immortal which mortals make; yet, if men had the use of reason they pretend to, their Commonwealths might be secured, at least, from perishing by internal diseases. For by the nature of their institution, they are designed to live as long as mankind, or as the laws of nature, or as justice itself, which gives them life. Therefore when they come to be dissolved, not by external violence, but intestine disorder, the fault is not in men as they are the matter, but as they are the makers and orderers of them. For men, as they become at last weary of irregular jostling and hewing one another, and desire with all their hearts to conform themselves into one firm and lasting edifice; so for want both of the art of making fit laws to square their actions by, and also of humility and patience to suffer the rude and cumbersome points of their present greatness to be taken off, they cannot without the help of a very able architect be compiled into any other than a crazy building, such as, hardly lasting out their own time, must assuredly fall upon the heads of their posterity.

Amongst the infirmities therefore of a Commonwealth, I will reckon in the first place those that arise from an imperfect institution, and resemble the diseases of a natural body, which proceed from a defectuous procreation.

Of which this is one: that a man to obtain a kingdom is sometimes content with less power than to the peace and defence of the Commonwealth is necessarily required. From whence it cometh to pass that when the exercise of the power laid by is for the public safety to be resumed, it hath the resemblance of an unjust act, which disposeth great numbers of men, when occasion is presented, to rebel; in the same manner as the bodies of children gotten by diseased parents are subject either to untimely death, or to purge the ill quality derived from their vicious conception, by breaking out into biles and scabs. And when kings deny themselves some such necessary power, it is not always (though sometimes) out of ignorance of what is necessary to the office they undertake, but many times out of a hope to recover the same again at their pleasure: wherein they reason not well; because such as will hold them to their promises shall be maintained against them by foreign Commonwealths; who in order to the good of their own subjects let slip few occasions to weaken the estate of their neighbours. So was Thomas Becket, Archbishop of Canterbury, supported against Henry the Second by the Pope; the subjection of ecclesiastics to the Commonwealth having been dispensed with by William the Conqueror at his reception, when he took an oath not to infringe the liberty of the Church. And so were the barons, whose power was by William Rufus, to have their help in transferring the succession from his elder brother to himself, increased to a degree inconsistent with the sovereign power, maintained in their rebellion against King John by the French.

Nor does this happen in monarchy only. For whereas the style of the ancient Roman Commonwealth 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 Saturninus, and others; and afterwards the wars between the senate and the people under Marius and Sylla; and again under Pompey and Caesar to the extinction of their democracy and the setting up of monarchy.

The people of Athens bound themselves but from one only action, which was that no man on pain of death should propound the renewing of the war for the island of Salamis; and yet thereby, if Solon had not caused to be given out he was mad, and afterwards in gesture and habit of a madman, and in verse, propounded it to the people that flocked about him, they had had an enemy perpetually in readiness, even at the gates of their city: such damage, or shifts, are all Commonwealths forced to that have their power never so little limited.

In the second place, I observe the diseases of a Commonwealth that proceed from the poison of seditious doctrines, whereof one is that every private man is judge of good and evil actions. This is true in the condition of mere nature, where there are no civil laws; and also under civil government in such cases as are not determined by the law. But otherwise, it is manifest that the measure of good and evil actions is the civil law; and the judge the legislator, who is always representative of the Commonwealth. From this false doctrine, men are disposed to debate with themselves and dispute the commands of the Commonwealth, and afterwards to obey or disobey them as in their private judgments they shall think fit; whereby the Commonwealth is distracted and weakened.


Another doctrine repugnant to civil society is that whatsoever a man does against his conscience is sin; and it dependeth on the presumption of making himself judge of good and evil. For a man's conscience and his judgement is the same thing; and as the judgement, so also the conscience may be erroneous. Therefore, though he that is subject to no civil 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 Commonwealth, because the law is the public conscience by which he hath already undertaken to be guided. Otherwise in such diversity as there is of private consciences, which are but private opinions, the Commonwealth must needs be distracted, and no man dare to obey the sovereign power farther than it shall seem good in his own eyes.
It hath been also commonly taught that faith and sanctity are not to be attained by study and reason, but by supernatural inspiration or infusion. Which granted, I see not why any man should render a reason of his faith; or why every Christian should not be also a prophet; or why any man should take the law of his country rather than his own inspiration for the rule of his action. And thus we fall again into the fault of taking upon us to judge of good and evil; or to make judges of it such private men as pretend to be supernaturally inspired, to the dissolution of all civil government. Faith comes by hearing, and hearing by those accidents which guide us into the presence of them that speak to us; which accidents are all contrived by God Almighty, and yet are not supernatural, but only, for the great number of them that concur to every effect, unobservable. Faith and sanctity are indeed not very frequent; but yet they are not miracles, but brought to pass by education, discipline, correction, and other natural ways by which God worketh them in His elect, at such time as He thinketh fit. And these three opinions, pernicious to peace and government, have in this part of the world proceeded chiefly from tongues and pens of unlearned divines; who, joining the words of Holy Scripture together otherwise is agreeable to reason, do what they can to make men think that sanctity and natural reason cannot stand together.
A fourth opinion repugnant to the nature of a Commonwealth is this: that he that hath the sovereign power is subject to the civil laws. It is true that sovereigns are all subject to the laws of nature, because such laws be divine and divine and cannot by any man or Commonwealth be abrogated. But to those laws which the sovereign himself, that is, which the Commonwealth, maketh, he is not subject. For to be subject to laws is to be to be subject to the Commonwealth, that is, to the sovereign representative, that is, to himself which is not subjection, but freedom from the laws. Which error, because it setteth the laws above the sovereign, setteth also a judge above him, and a power to punish him; which is to make a new sovereign; and again for the same reason a third to punish the second; and so continually without end, to the confusion and dissolution of the Commonwealth.
A fifth doctrine that tendeth to the dissolution of a Commonwealth is that every private man has an absolute propriety in his goods, such as excludeth the right of the sovereign. Every man has indeed a propriety that excludes the right of every other subject: and he has it only from the sovereign power, without the protection whereof every other man should have right to the same. But the right of the sovereign also be excluded, he cannot perform the office they have put him into, which is to defend them both from foreign enemies and from the injuries of one another; and consequently there is no longer a Commonwealth.
And if the propriety of subjects exclude not the right of the sovereign representative to their goods; much less, to their offices of judicature or execution in which they represent the sovereign himself.
There is a sixth doctrine, plainly and directly against the essence of a Commonwealth, and it is this: that the sovereign power may be divided. For what is it to divide the power of a Commonwealth, but to dissolve it; for powers divided mutually destroy each other. And for these doctrines men are chiefly beholding to some of those that, making profession of the laws, endeavour to make them depend upon their own learning, and not upon the legislative power.
And as false doctrine, so also oftentimes the example of different government in a neighbouring nation disposeth men to alteration of the form already settled. So the people of the Jews 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 aristocratical and democratical factions; one part of almost every Commonwealth desiring to imitate the Lacedaemonians; the other, the Athenians. And I doubt not but many men have been contented to see the late troubles in England out of an imitation of the Low Countries, supposing there needed no more to grow rich than to change, as they had done, the form of their government. For the constitution of man's nature is of itself subject to desire novelty: when therefore they are provoked to the same by the neighbourhood also of those that have been enriched by it, it is almost impossible to be content with those that solicit them to change; and love the first beginnings, though they be grieved with the continuance of disorder; like hot bloods that, having gotten the itch, tear themselves with their own nails till they can endure the smart no longer.
And as to rebellion in particular against monarchy, one of the most frequent causes of it is the reading of the books of policy and histories of the ancient Greeks and Romans; from which young men, and all others that are unprovided of the antidote of solid reason, receiving a strong and delightful impression of the great exploits of war achieved by the conductors of their armies, receive withal a pleasing idea of all they have done besides; and imagine their great prosperity not to have proceeded from the emulation of particular men, but from the virtue of their popular form of government not considering the frequent seditions and civil wars produced by the imperfection of their policy. From the reading, I say, of such books, men have undertaken to kill their kings, because the Greek and Latin writers in their books and discourses of policy make it lawful and laudable for any man so to do, provided before he do it he call him tyrant. For they say not regicide, that is, killing of a king, but tyrannicide, that is, killing of a tyrant, is lawful. From the same books they that live under a monarch conceive an the opinion that the subjects in a popular Commonwealth enjoy liberty, but that in a monarchy they are all slaves. I say, they that live under a monarchy conceive such an opinion; not that they live under a popular government: for they find no such matter. In sum, I cannot imagine how anything can be more prejudicial to a monarchy than the allowing of such books to be publicly read, without present applying such correctives of discreet masters as are fit to take away their venom: which venom I will not doubt to compare to the biting of a mad dog, which is a disease that physicians call hydrophobia, or fear of water. For as he that is so bitten has a continual torment of thirst, and yet abhorreth water; and is in such an estate as if the poison endeavoured to convert him into a dog; so when a monarchy is once bitten to the quick by those democratical writers that continually snarl at that estate, it wanteth nothing more than a strong monarch, which nevertheless out of a certain tyrannophobia, or fear of being strongly governed, when they have him, they abhor.
As there have been doctors that hold there be three souls in a man; so there be also that think there may be more souls, that is, more sovereigns, than one in a Commonwealth; and set up a supremacy against the sovereignty; canons against laws; and a ghostly authority against the civil; working on men's minds with words and distinctions that of themselves signify nothing, but bewray, by their obscurity, that there walketh (as some think invisibly) another kingdom, as it were a kingdom of fairies, in the dark. Now seeing it is manifest that the civil power and the power of the Commonwealth is the same thing; and that supremacy, and the power of making canons, and granting faculties, implieth a Commonwealth; it followeth that where one is sovereign, another supreme; where one can make laws, and another make canons; there must needs be two Commonwealths, of one and the same subjects; which is a kingdom divided in itself, and cannot stand. For notwithstanding the insignificant distinction of temporal and ghostly, they are still two kingdoms, and every subject is subject to two masters. For seeing the ghostly power challengeth the right to declare what is sin, it challengeth by consequence to declare what is law, sin being nothing but the transgression of the law; and again, the civil power challenging to declare what is law, every subject must obey two masters, who both will have their commands be observed as law, which is impossible. Or, if it be but one kingdom, either the civil, which is the power of the Commonwealth, must be subordinate to the ghostly, and then there is no sovereignty but the ghostly; or the ghostly must be subordinate to the temporal, and then there is no supremacy but the temporal. When therefore these two powers oppose one another, the Commonwealth cannot but be in great danger of civil war and dissolution. For the civil authority being more visible, and standing in the clearer light of natural reason, cannot choose but draw to it in all times a very considerable part of the people: and the spiritual, though it stand in the darkness of School distinctions and hard words; yet, because the fear of darkness and ghosts is greater than other fears, cannot want a party sufficient to trouble, and sometimes to destroy, a Commonwealth. And this is a disease which not unfitly may be compared to the epilepsy, or falling sickness (which the Jews took to be one kind of possession by spirits), in the body natural. For as in this disease there is an unnatural spirit or wind in the head that obstructeth the roots of the nerves and, moving them violently, taketh the motion which naturally they should have from the power of the soul in the brain; 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 politic, when the spiritual power moveth the members of a Commonwealth by the terror of punishments and hope of rewards, which are the nerves of it, otherwise than by the civil power, which is the soul of the Commonwealth, they ought to be moved; and by strange and hard words suffocates their understanding; it must needs thereby distract the people, and either overwhelm the Commonwealth with oppression, or cast it into the fire of a civil war.
Sometimes also in the merely civil government there be more than one soul: as when the power of levying money, which is the nutritive faculty, has depended on a general assembly; the power of conduct and command, which is the motive faculty, on one man; and the power of making laws, which is the rational faculty, on the accidental consent, not only of those two, but also of a third: this endangereth the Commonwealth, sometimes for want of consent to good laws, but most often for want of such nourishment as is necessary to life and motion. For although few perceive that such government is not government, but division of the Commonwealth into three factions, and call it mixed monarchy; yet the truth is that it is not one independent Commonwealth, but three independent factions; nor one representative person, but three. In the kingdom of God there may be three persons independent, without breach of unity in God that reigneth; but where men reign, that be subject to diversity of opinions, it cannot be so. And therefore if the king bear the person of the people, and the general assembly bear also the person of the people, and another assembly bear the person of a part of the people, they are not one person, nor one sovereign; but three persons, and three sovereigns.
To what disease in the natural body of man I may exactly compare this irregularity of a Commonwealth, I know not. But I have seen a man that had another man growing out of his side, with a head, arms, breast, and stomach of his own: if he had had another man growing out of his other side, the comparison might then have been exact.
Hitherto I have named such diseases of a Commonwealth as are of the greatest and most present danger. There be other, not so great, which nevertheless are not unfit to be observed. As first, the difficulty of raising money for the necessary uses of the Commonwealth, especially in the approach of war. This difficulty ariseth from the opinion that every subject hath of a propriety in his lands and goods exclusive of the sovereign's right to the use of the same. From whence it cometh to pass that the sovereign power, which foreseeth the necessities and dangers of the Commonwealth, finding the passage of money to the public treasury obstructed by the tenacity of the people, whereas it ought to extend itself, to encounter and prevent such dangers in their beginnings, contracteth itself as long as it can, and when it cannot longer, struggles with the people by stratagems of law to obtain little sums, 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 Commonwealth must perish. Insomuch as we may compare this distemper very aptly to an ague; wherein, the fleshy parts being congealed, or by venomous matter obstructed, the veins which by their natural course empty themselves into the heart, are not (as they ought to be) supplied from the arteries, whereby there succeedeth at first a cold contraction and trembling of the limbs; and afterwards a hot and strong endeavour of the heart to force a passage for the blood; and before it can do that, contenteth itself with the small refreshments of such things as cool for a time, till, if nature be strong enough, it break at last the contumacy of the parts obstructed, and dissipateth the venom into sweat; or, if nature be too weak, the patient dieth.
Again, there is sometimes in a Commonwealth a disease which resembleth the pleurisy; and that is when the treasury of the Commonwealth, flowing out of its due course, is gathered together in too much abundance in one or a few private men, by monopolies or by farms of the public revenues; in the same manner as the blood in a pleurisy, getting into the membrane of the breast, breedeth there an inflammation, accompanied with a fever and painful stitches.
Also, the popularity of a potent subject, unless the Commonwealth have very good caution of his fidelity, is a dangerous disease; because the people, which should receive their motion from the authority of the sovereign, by the flattery and by the reputation of an ambitious man, are drawn away from their obedience to the laws to follow a man of whose virtues and designs they have no knowledge. And this is commonly of more danger in a popular government than in a monarchy, because an army is of so great force and multitude as it may easily be made believe they are the people. By this means it was that Julius Caesar, who was set up by the people against the senate, having won to himself the affections of his army, made himself master both of senate and people. And this proceeding of popular and ambitious men is plain rebellion, and may be resembled to the effects of witchcraft.
Another infirmity of a Commonwealth is the immoderate greatness of a town, when it is able to furnish out of its own circuit the number and expense of a great army; as also the great number of corporations, which are as it were many lesser Commonwealths in the bowels of a greater, like worms in the entrails of a natural man. To may be added, liberty of disputing against absolute power by pretenders to political prudence; which though bred for the most part in the lees of the people, yet animated by false doctrines are perpetually meddling with the fundamental laws, to the molestation of the Commonwealth, like the little worms which physicians call ascarides.
We may further add the insatiable appetite, or bulimia, of enlarging dominion, with the incurable wounds thereby many times received from the enemy; and the wens, of ununited conquests, which are many times a burden, and with less danger lost than kept; as also the lethargy of ease, and consumption of riot and vain expense.
Lastly, when in a war, foreign or intestine, the enemies get a final victory, so as, the forces of the Commonwealth keeping the field no longer, there is no further protection of subjects in their loyalty, then is the Commonwealth dissolved, and every man at liberty to protect himself by such courses as his own discretion shall suggest unto him. For the sovereign is the public soul, giving life and motion to the Commonwealth, which expiring, the members are governed by it no more than the carcass of a man by his departed, though immortal, soul. For though the right of a sovereign monarch cannot be extinguished by the act of another, yet the obligation of the members may. For he that wants protection may seek it anywhere; and, when he hath it, is obliged (without fraudulent pretence of having submitted himself out of fear) to protect his protection as long as he is able. But when the power of an assembly is once suppressed, the right of the same perisheth utterly, because the assembly itself is extinct; and consequently, there is no possibility for sovereignty to re-enter.
CHAPTER XXXII
OF THE PRINCIPLES OF CHRISTIAN POLITICS
I HAVE derived the rights of sovereign power, and the duty of subjects, hitherto from the principles of nature only; such as experience has found true, or consent concerning the use of words has made so; that is to say, from the nature of men, known to us by experience, and from definitions, of such words as are essential to all political reasoning, universally agreed on. But in that I am next to handle, which is the nature and rights of a Christian Commonwealth, whereof there dependeth much upon supernatural revelations of the will of God, the ground of my discourse must be not only the natural word of God, but also the prophetical.

Nevertheless, we are not to renounce our senses and experience, nor that which is the undoubted word of God, our natural reason. For they are the talents which he hath put into our hands to negotiate, till the coming again of our blessed Saviour; and therefore not to be folded up in the napkin of an implicit faith, but employed in the purchase of justice, peace, and true religion. For though there be many things in God's word above reason; that is to say, which cannot by natural reason be either demonstrated or confuted; yet there is nothing contrary to it; but when it seemeth so, the fault is either in our unskillful interpretation, or erroneous ratiocination.

Therefore, when anything therein written is too hard for our examination, we are bidden to captivate our understanding to the words; and not to labour in sifting out a philosophical truth by logic of such mysteries as are not comprehensible, nor fall under any rule of natural science. For it is with the mysteries of our religion as with wholesome pills for the sick, which swallowed whole have the virtue to cure, but chewed, are for the most part cast up again without effect.

But by the captivity of our understanding is not meant a submission of the intellectual faculty to the opinion of any other man, but of the will to obedience where obedience is due. For sense, memory, understanding, reason, and opinion are not in our power to change; but always, and necessarily such, as the things we see, hear, and consider suggest unto us; and therefore are not effects of our will, but our will of them. We then captivate our understanding and reason when we forbear contradiction; when we so speak as, by lawful authority, we are commanded; and when we live accordingly; which, in sum, is trust and faith reposed in him that speaketh, though the mind be incapable of any notion at all from the words spoken.

When God speaketh to man, it must be either immediately or by mediation of another man, to whom He had formerly spoken by Himself immediately. How God speaketh to a man immediately may be understood by those well enough to whom He hath so spoken; but how the same should be understood by another is hard, if not impossible, to know. For if a man pretend to me that God hath spoken to him supernaturally, and immediately, and I make doubt of it, I cannot easily perceive what argument he can produce to oblige me to believe it. It is true that if he be my sovereign, he may oblige me to obedience, so as not by act or word to declare I believe him not; but not to think any otherwise than my reason persuades me. But if one that hath not such authority over me shall pretend the same, there is nothing that exacteth either belief or obedience.

For to say that God hath spoken to him in the Holy Scripture is not to say God hath spoken to him immediately, but by mediation of the prophets, or of the Apostles, or of the Church, in such manner as He speaks to all other Christian men. To say He hath spoken to him in a dream is no more than to say he dreamed that God spake to him; which is not of force to win belief from any man that knows dreams are for the most part natural, and may proceed from former thoughts; and such dreams as that, from self-conceit, and foolish arrogance, and false opinion of a man's own goodliness, or virtue, by which he thinks he hath merited the favour of extraordinary revelation. To say he hath seen a vision, or heard a voice, is to say that he dreamed between sleeping and waking: for in such manner a man doth many times naturally take his dream for a vision, as not having well observed his own slumbering. To say he speaks by supernatural inspiration is to say he finds an ardent desire to speak, or some strong opinion of himself, for which he can allege no natural and sufficient reason. So that though God Almighty can speak to a man by dreams, visions, voice, and inspiration, yet He obliges no man to believe He hath so done to him that pretends it; who, being a man, may err and, which is more, may lie.



How then can he to whom God hath never revealed His will immediately (saving by the way of natural reason) know when he is to obey or not to obey His word, delivered by him that says he is a prophet? Of four hundred prophets, of whom the King of Israel, asked counsel concerning the war he made against Ramoth Gilead, only Micaiah was a true one. [I Kings, 22] The prophet that was sent to prophesy against the altar set up by Jeroboam, [Ibid., 13] though a true prophet, and that by two miracles done in his presence appears to be a prophet sent from God, was yet deceived by another old prophet that persuaded him, as from the mouth of God, to eat and drink with him. If one prophet deceive another, what certainty is there of knowing the will of God by other way than that of reason? To which I answer out of the Holy Scripture that there be two marks by which together, not asunder, a true prophet is to be known. One is the doing of miracles; the other is the not teaching any other religion than that which is already established. Asunder, I say, neither of these is sufficient. "If a prophet rise amongst you, or a dreamer of dreams, and shall pretend the doing of a miracle, and the miracle come to pass; if he say, Let us follow strange gods, which thou hast not known, thou shalt not hearken to him, etc. But that prophet and dreamer of dreams shall be put to death, because he hath spoken to you to revolt from the Lord your God." [Deuteronomy, 13. 1-5] In which words two things are to be observed; first, that God will not have miracles alone serve for arguments to approve the prophet's calling; but (as it is in the third verse) for an experiment of the constancy of our adherence to Himself. For the works of the Egyptian sorcerers, though not so great as those of Moses, yet were great miracles. Secondly, that how great soever the miracle be, yet if it tend to stir up revolt against the king or him that governeth by the king's authority, he that doth such miracle is not to be considered otherwise than as sent to make trial of their allegiance. For these words, revolt from the Lord your God, are in this place equivalent to revolt from your king. For they had made God their king by pact at the foot of Mount Sinai; who ruled them by Moses only; for he only spake with God, and from time to time declared God's commandments to the people. In like manner, after our Saviour Christ had made his Disciples acknowledge him for the Messiah (that is to say, for God's anointed, whom the nation of the Jews daily expected for their king, but refused when he came), he omitted not to advertise them of the danger of miracles. "There shall arise," saith he, "false Christs, and false prophets, and shall do great wonders and miracles, even to the seducing (if it were possible) of the very elect." [Matthew, 24. 24] By which it appears that false prophets may have the power of miracles; yet are we not to take their doctrine for God's word. St. Paul says further to the Galatians that "if himself or an angel from heaven preach another Gospel to them than he had preached, let him be accursed." [Galatians, 1. 8] That Gospel was that Christ was King; so that all preaching against the power of the king received, in consequence to these words, is by St. Paul accursed. For his speech is addressed to those who by his preaching had already received Jesus for the Christ, that is to say, for King of the Jews.
And as miracles, without preaching that doctrine which God hath established; so preaching the true doctrine, without the doing of miracles, is an insufficient argument of immediate revelation. For if a man that teacheth not false doctrine should pretend to be a prophet without showing any miracle, he is never the more to be regarded for his pretence, as is evident by Deuteronomy, 18. 21, 22: "If thou say in thy heart, How shall we know that the word" (of the prophet) "is not that which the Lord hath spoken? When the prophet shall have spoken in the name of the Lord, that which shall not come to pass, that is the word which the Lord hath not spoken, but the prophet has spoken it out of the pride of his own heart, fear him not." But a man may here again ask: When the prophet hath foretold a thing, how shall we know whether it will come to pass or not? For he may foretell it as a thing to arrive after a certain long time, longer than the time of man's life; or indefinitely, that it will come to pass one time or other: in which case this mark of a prophet is unuseful; and therefore the miracles that oblige us to believe a prophet ought to be confirmed by an immediate, or a not long deferred event. So that it is manifest that the teaching of the religion which God hath established, and the showing of a present miracle, joined together, were the only marks whereby the Scripture would have a true prophet, that is to say, immediate revelation, to be acknowledged; of them being singly sufficient to oblige any other man to regard what he saith.
Seeing therefore miracles now cease, we have no sign left whereby to acknowledge the pretended revelations or inspirations of any private man; nor obligation to give ear to any doctrine, farther than it is conformable to the Holy Scriptures, which since the time of our Saviour supply the place and sufficiently recompense the want of all other prophecy; and from which, by wise and learned interpretation, and careful ratiocination, all rules and precepts necessary to the knowledge of our duty both to God and man, without enthusiasm, or supernatural inspiration, may easily be deduced. And this Scripture is it out of which I am to take the principles of my discourse concerning the rights of those that are the supreme governors on earth of Christian Commonwealths, and of the duty of Christian subjects towards their sovereigns. And to that end, I shall speak, in the next chapter, of the books, writers, scope and authority of the Bible.


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