Lastly, when in a warre (forraign, or intestine,) the enemies get a finall Victory; so as (the
forces of the Common-wealth keeping the field no longer) there is no farther protection of
Subjects in their loyalty; then is the Common-wealth DISSOLVED, and every man at liberty to
protect himselfe by such courses as his own discretion shall suggest unto him. For the
Soveraign, is the publique Soule, giving Life and Motion to the Common-wealth; which
expiring, the Members are governed by it no more, than the Carcasse of a man, by his
departed (though Immortall) Soule. For though the Right of a Soveraign Monarch cannot be
extinguished by the act of another; yet the Obligation of the members may. For he that wants
protection, may seek it any where; and when he hath it, is obliged (without fraudulent
pretence of having submitted himselfe out of feare,) 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 it selfe is extinct; and consequently, there is no possibility for the Soveraignty to re-enter.
CHAP. XXX.
Of the OFFICE of the Soveraign Representative.
The Procuration of the Good of the People.
THE OFFICE of the Soveraign, (be it a Monarch, or an Assembly,) consisteth in the end, for
which he was trusted with the Soveraign Power, namely the procuration of the safety of the
people; to which he is obliged by the Law of Nature, and to render an account thereof to God, the Author of that Law, and to none but him. But by Safety here, is not meant a bare
Preservation, but also all other Contentments of life, which every man by lawfull Industry,
without danger, or hurt to the Common-wealth, shall acquire to himselfe.
By Instruction & Lawes.
And this is intended should be done, not by care applyed to Individualls, further than their
protection from injuries, when they shall complain; but by a generall Providence, contained in
publique Instruction, both of Doctrine, and Example; and in the making, and executing of good
Lawes, to which individuall persons may apply their own cases.
Against the duty of a Soveraign to relinquish any Essentiall Right of Soveraignty:/Or not to see
the people taught the grounds of them.
And because, if the essentiall Rights of Soveraignty (specified before in the eighteenth
Chapter) be taken away, the Common-wealth is thereby dissolved, and every man returneth
into the condition, and calamity of a warre with every other man, (which is the greatest evill
that can happen in this life;) it is the Office of the Soveraign, to maintain those Rights entire;
and consequently against his duty, First, to transferre to another, or to lay from himselfe any
of them. For he that deserteth the Means, deserteth the Ends; and he deserteth the Means,
that being the Soveraign, acknowledgeth himselfe subject to the Civill Lawes; and renounceth
the Power of Supreme Judicature; or of making Warre, or Peace by his own Authority; or of
Judging of the Necessities of the Common-wealth; or of levying Mony, and Souldiers, when,
and as much as in his own conscience he shall judge necessary; or of making Officers, and
Ministers both of Warre, and Peace; or of appointing Teachers, and examining what Doctrines
are conformable, or contrary to the Defence, Peace, and Good of the people. Secondly, it is
against his Duty, to let the people be ignorant, or mis-informed of the grounds, and reasons of
those his essentiall Rights; because thereby men are easie to be seduced, and drawn to resist
him, when the Common-wealth shall require their use and exercise.
And the grounds of these Rights, have the rather need to be diligently, and truly taught;
because they cannot be maintained by any Civill Law, or terrour of legall punishment. For a
Civill Law, that shall forbid Rebellion (and such is all resistance to the essentiall Rights of
Soveraignty,) is not (as a Civill Law) any obligation, but by vertue onely of the Law of Nature,
that forbiddeth the violation of Faith; which naturall obligation if men know not, they cannot
know the Right of any Law the Soveraign maketh. And for the Punishment, they take it but for
an act of Hostility; which when they think they have strength enough, they will endeavour by
acts of Hostility, to avoyd.
Objection of those that say there are no Principles of Reason for absolute Soveraignty.
As I have heard some say, that Justice is but a word, without substance; and that whatsoever
a man can by force, or art, acquire to himselfe, (not onely in the condition of warre, but also in
a Common-wealth,) is his own, which I have already shewed to be false: So there be also that
maintain, that there are no grounds, nor Principles of Reason, to sustain those essentiall
Rights, which make Soveraignty absolute. For if there were, they would have been found out in
some place, or other; whereas we see, there has not hitherto been any Common-wealth, where
those Rights have been acknowledged, or challenged. Wherein they argue as ill, as if the
Savage people of America, should deny there were any grounds, or Principles of Reason, so to
build a house, as to last as long as the materials, because they never yet saw any so well built.
Time, and Industry, produce every day new knowledge. And as the art of well building, is
derived from Principles of Reason, observed by industrious men, that had long studied the
nature of materials, and the divers effects of figure, and proportion, long after mankind began
(though poorly) to build: So, long time after men have begun to constitute Common-wealths,
imperfect, and apt to relapse into disorder, there may, Principles of Reason be found out, by
industrious meditation, to make their constitution (excepting by externall violence) everlasting.
And such are those which I have in this discourse set forth: Which whether they come not into
the sight of those that have Power to make use of them, or be neglected by them, or not,
concerneth my particular interest, at this day, very little. But supposing that these of mine are
not such Principles of Reason; yet I am sure they are Principles from Authority of Scripture; as
I shall make it appear, when I shall come to speak of the Kingdome of God, (administred by
Moses,) over the Jewes, his peculiar people by Covenant.
Objection from the Incapacity of the vulgar.
But they say again, that though the Principles be right, yet Common people are not of capacity
enough to be made to understand them. I should be glad, that the Rich, and Potent Subjects of
a Kingdome, or those that are accounted the most Learned, were no lesse incapable than they.
But all men know, that the obstructions to this kind of doctrine, proceed not so much from the
difficulty of the matter, as from the interest of them that are to learn. Potent men, digest
hardly any thing that setteth up a Power to bridle their affections; and Learned men, any thing
that discovereth their errours, and thereby lesseneth their Authority: whereas the Common-
peoples minds, unlesse they be tainted with dependance on the Potent, or scribbled over with
the opinions of their Doctors, are like clean paper, fit to receive whatsoever by Publique
Authority shall be imprinted in them. Shall whole Nations be brought to acquiesce in the great Mysteries of Christian Religion, which are above Reason; and millions of men be made believe,
that the same Body may be in innumerable places, at one and the same time, which is against
Reason; and shall not men be able, by their teaching, and preaching, protected by the Law, to
make that received, which is so consonant to Reason, that any unprejudicated man, needs no
more to learn it, than to hear it? I conclude therefore, that in the instruction of the people in
the Essentiall Rights (which are the Naturall, and Fundamentall Lawes) of Soveraignty, there is
no difficulty, (whilest a Soveraign has his Power entire,) but what proceeds from his own fault,
or the fault of those whom he trusteth in the administration of the Common-wealth; and
consequently, it is his Duty, to cause them so to be instructed; and not onely his Duty, but his
Benefit also, and Security, against the danger that may arrive to himselfe in his naturall
Person, from Rebellion.
Subjects are to be taught, not to affect change of Government:
And (to descend to particulars) the People are to be taught, First, that they ought not to be in
love with any forme of Government they see in their neighbour Nations, more than with their
own, nor (whatsoever present prosperity they behold in Nations that are otherwise governed
than they,) to desire change. For the prosperity of a People ruled by an Aristocraticall, or
Democraticall assembly, commeth not from Aristocracy, nor from Democracy, but from the
Obedience, and Concord of the Subjects: nor do the people flourish in a Monarchy, because
one man has the right to rule them, but because they obey him. Take away in any kind of
State, the Obedience, (and consequently the Concord of the People,) and they shall not onely
not flourish, but in short time be dissolved. And they that go about by disobedience, to doe no
more than reforme the Common-wealth, shall find they do thereby destroy it; like the foolish
daughters of Peleus (in the fable;) which desiring to renew the youth of their decrepit Father, did by the Counsell of Medea, cut him in pieces, and boyle him, together with strange herbs, but made not of him a new man. This desire of change, is like the breach of the first of Gods
Commandements: For there God sayes, Non habebis Deos alienos; Thou shalt not have the
Gods of other Nations; and in another place concerning Kings, that they are Gods.
Nor adhere (against the Soveraign) to Popular men,
Secondly, they are to be taught, that they ought not to be led with admiration of the vertue of
any of their fellow Subjects, how high soever he stand, nor how conspicuously soever he shine
in the Common-wealth; nor of any Assembly, (except the Soveraign Assembly,) so as to
deferre to them any obedience, or honour, appropriate to the Soveraign onely, whom (in their
particular stations) they represent; nor to receive any influence from them, but such as is
conveighed by them from the Soveraign Authority. For that Soveraign, cannot be imagined to
love his People as he ought, that is not Jealous of them, but suffers them by the flattery of
Popular men, to be seduced from their loyalty, as they have often been, not onely secretly, but
openly, so as to proclaime Marriage with them in facie Ecclesiæ by Preachers; and by
publishing the same in the open streets: which may fitly be compared to the violation of the
second of the ten Commandements.
Nor to Dispute the Soveraign Power:
Thirdly, in consequence to this, they ought to be informed, how great a fault it is, to speak evill
of the Soveraign Representative, (whether One man, or an Assembly of men;) or to argue and
dispute his Power, or any way to use his Name irreverently, whereby he may be brought into
Contempt with his People, and their Obedience (in which the safety of the Common-wealth
consisteth) slackened. Which doctrine the third Commandement by resemblance pointeth to.
And to have dayes set apart to learn their Duty:
Fourthly, seeing people cannot be taught this, nor when 'tis taught, remember it, nor after one
generation past, so much as know in whom the Soveraign Power is placed, without setting a
part from their ordinary labour, some certain times, in which they may attend those that are
appointed to instruct them; It is necessary that some such times be determined, wherein they
may assemble together, and (after prayers and praises given to God, the Soveraign of
Soveraigns) hear those their Duties told them, and the Positive Lawes, such as generally
concern them all, read and expounded, and be put in mind of the Authority that maketh them
Lawes. To this end had the Jewes every seventh day, a Sabbath, in which the Law was read and expounded; and in the solemnity whereof they were put in mind, that their King was God;
that having created the world in six dayes, he rested the seventh day; and by their resting on
it from their labour, that that God was their King, which redeemed them from their servile, and
painfull labour in Egypt, and gave them a time, after they had rejoyced in God, to take joy also in themselves, by lawfull recreation, So that the first Table of the Commandements, is spent
all, in setting down the summe of Gods absolute Power; not onely as God, but as King by pact,
(in peculiar) of the Jewes; and may therefore give light, to those that have Soveraign Power
conferred on them by the consent of men, to see what doctrine they Ought to teach their
Subjects.
And to Honour their Parents.
And because the first instruction of Children, dependeth on the care of their Parents; it is
necessary that they should be obedient to them, whilest they are under their tuition; and not
onely so, but that also afterwards (as gratitude requireth,) they acknowledge the benefit of
their education, by externall signes of honour. To which end they are to be taught, that
originally the Father of every man was also his Soveraign Lord, with power over him of life and
death; and that the Fathers of families, when by instituting a Common-wealth, they resigned
that absolute Power, yet it was never intended, they should lose the honour due unto them for
their education. For to relinquish such right, was not necessary to the Institution of Soveraign
Power; nor would there be any reason, why any man should desire to have children, or take
the care to nourish, and instruct them, if they were afterwards to have no other benefit from
them, than from other men. And this accordeth with the fifth Commandement.
And to avoyd doing of Injury:
Again, every Soveraign Ought to cause Justice to be taught, which (consisting in taking from
no man what is his,) is as much as to say, to cause men to be taught not to deprive their
Neighbours, by violence, or fraud, of any thing which by the Soveraign Authority is theirs. Of
things held in propriety, those that are dearest to a man are his own life, & limbs; and in the
next degree (in most men,) those that concern conjugall affection; and after them riches and
means of living. Therefore the People are to be taught, to abstain from violence to one
anothers person, by private revenges; from violation of conjugall honour; and from forcible
rapine, and fraudulent surreption of one anothers goods. For which purpose also it is necessary
they be shewed the evill consequences of false Judgement, by corruption either of Judges or
Witnesses, whereby the distinction of propriety is taken away, and Justice becomes of no
effect: all which things are intimated in the sixth, seventh, eighth, and ninth Commandements.
And to do all this sincerely from the heart.
Lastly, they are to be taught, that not onely the unjust facts, but the designes and intentions
to do them, (though by accident hindred,) are Injustice; which consisteth in the pravity of the
will, as well as in the irregularity of the act. And this is the intention of the tenth
Commandement, and the summe of the second Table; which is reduced all to this one
Commandement of mutuall Charity, Thou shalt love thy neighbour as thy selfe: as the summe
of the first Table is reduced to the love of God; whom they had then newly received as their King.
The use of Universities.
As for the Means, and Conduits, by which the people may receive this Instruction, wee are to
search, by what means so many Opinions, contrary to the peace of Mankind, upon weak and
false Principles, have neverthelesse been so deeply rooted in them. I mean those, which I have
in the precedent Chapter specified: as That men shall Judge of what is lawfull and unlawfull,
not by the Law it selfe, but by their own Consciences; that is to say, by their own private
Judgements: That Subjects sinne in obeying the Commands of the Common-wealth, unlesse
they themselves have first judged them to be lawfull: That their Propriety in their riches is
such, as to exclude the Dominion, which the Common-wealth hath over the same: That it is
lawfull for Subjects to kill such, as they call Tyrants: That the Soveraign Power may be divided,
and the like; which come to be instilled into the People by this means. They whom necessity,
or covetousnesse keepeth attent on their trades, and labour; and they, on the other side,
whom superfluity, or sloth carrieth after their sensuall pleasures, (which two sorts of men take
up the greatest part of Man-kind,) being diverted from the deep meditation, which the learning
of truth, not onely in the matter of Naturall Justice, but also of all other Sciences necessarily
requireth, receive the Notions of their duty, chiefly from Divines in the Pulpit, and partly from
such of their Neighbours, or familiar acquaintance, as having the Faculty of discoursing readily,
and plausibly, seem wiser and better learned in cases of Law, and Conscience, than
themselves. And the Divines, and such others as make shew of Learning, derive their
knowledge from the Universities, and from the Schooles of Law, or from the Books, which by
men eminent in those Schooles, and Universities have been published. It is therefore manifest,
that the Instruction of the people, dependeth wholly, on the right teaching of Youth in the
Universities. But are not (may some man say) the Universities of England learned enough
already to do that? or is it you will undertake to teach the Universities? Hard questions. Yet to
the first, I doubt not to answer; that till towards the later end of Henry the eighth, the Power of the Pope, was alwayes upheld against the Power of the Common-wealth, principally by the
Universities; and that the doctrines maintained by so many Preachers, against the Soveraign
Power of the King, and by so many Lawyers, and others, that had their education there, is a
sufficient argument, that though the Universities were not authors of those false doctrines, yet
they knew not how to plant the true. For in such a contradiction of Opinions, it is most certain,
that they have not been sufficiently instructed; and 'tis no wonder, if they yet retain a relish of
that subtile liquor, wherewith they were first seasoned, against the Civill Authority. But to the
later question, it is not fit, nor needfull for me to say either I, or No: for any man that sees
what I am doing, may easily perceive what I think.
The safety of the People, requireth further, from him, or them that have the Soveraign Power,
that Justice be equally administred to all degrees of People; that is, that as well the rich, and
mighty, as poor and obscure persons, may be righted of the injuries done them; so as the
great, may have no greater hope of impunity, when they doe violence, dishonour, or any Injury
to the meaner sort, than when one of these, does the like to one of them: For in this consisteth
Equity; to which, as being a Precept of the Law of Nature, a Soveraign is as much subject, as
any of the meanest of his People. All breaches of the Law, are offences against the Common-
wealth: but there be some, that are also against private Persons. Those that concern the
Common-wealth onely, may without breach of Equity be pardoned; for every man may pardon
what is done against himselfe, according to his own discretion. But an offence against a private
man, cannot in Equity be pardoned, without the consent of him that is injured; or reasonable
satisfaction.
The Inequality of Subjects, proceedeth from the Acts of Soveraign Power; and therefore has no
more place in the presence of the Soveraign; that is to say, in a Court of Justice, then the
Inequality between Kings, and their Subjects, in the presence of the King of Kings. The honour
of great Persons, is to be valued for their beneficence, and the aydes they give to men of
inferiour rank, or not at all. And the violences, oppressions, and injuries they do, are not
extenuated, but aggravated by the greatnesse of their persons; because they have least need
to commit them. The consequences of this partiality towards the great, proceed in this manner.
Impunity maketh Insolence; Insolence Hatred; and Hatred, an Endeavour to pull down all
oppressing and contumelious greatnesse, though with the ruine of the Common-wealth.
Equall Taxes.
To Equall Justice, appertaineth also the Equall imposition of Taxes; the Equality whereof
dependeth not on the Equality of riches, but on the Equality of the debt, that every man oweth
to the Common-wealth for his defence. It is not enough, for a man to labour for the
maintenance of his life; but also to fight, (if need be,) for the securing of his labour. They must
either do as the Jewes did after their return from captivity, in re-edifying the Temple, build
with one hand, and hold the Sword in the other; or else they must hire others to fight for
them. For the Impositions, that are layd on the People by the Soveraign Power, are nothing
else but the Wages, due to them that hold the publique Sword, to defend private men in the
exercise of severall Trades, and Callings. Seeing then the benefit that every one receiveth
thereby, is the enjoyment of life, which is equally dear to poor, and rich; the debt which a poor
man oweth them that defend his life, is the same which a rich man oweth for the defence of
his; saving that the rich, who have the service of the poor, may be debtors not onely for their
own persons, but for many more. Which considered, the Equality of Imposition, consisteth
rather in the Equality of that which is consumed, than of the riches of the persons that
consume the same. For what reason is there, that he which laboureth much, and sparing the
fruits of his labour, consumeth little, should be more charged, then he that living idlely, getteth
little, and spendeth all he gets; seeing the one hath no more protection from the Common-
wealth, then the other? But when the Impositions, are layd upon those things which men
consume, every man payeth Equally for what he useth: Nor is the Common-wealth defrauded,
by the luxurious waste of private men.
Publique Charity.
And whereas many men, by accident unevitable, become unable to maintain themselves by
their labour; they ought not to be left to the Charity of private persons; but to be provided for,
(as far-forth as the necessities of Nature require, by the Lawes of the Common-wealth. For as
it is Uncharitablenesse in any man, to neglect the impotent; so it is in the Soveraign of a
Common-wealth, to expose them to the hazard of such uncertain Charity.
Prevention of Idlenesse.
But for such as have strong bodies, the case is otherwise: they are to be forced to work; and to
avoyd the excuse of not finding employment, there ought to be such Lawes, as may encourage
all manner of Arts; as Navigation, Agriculture, Fishing, and all manner of Manifacture that
requires labour. The multitude of poor, and yet strong people still encreasing, they are to be
transplanted into Countries not sufficiently inhabited: where neverthelesse, they are not to
exterminate those they find there; but constrain them to inhabit closer together, and not range
a great deal of ground, to snatch what they find; but to court each little Plot with art and
labour, to give them their sustenance in due season. And when all the world is overcharged
with Inhabitants, then the last remedy of all is Warre; which provideth for every man, by
Victory, or Death.
Good Lawes what.
To the care of the Soveraign, belongeth the making of Good Lawes. But what is a good Law?
By a Good Law, I mean not a Just Law: for no Law can be Unjust. The Law is made by the
Soveraign Power, and all that is done by such Power, is warranted, and owned by every one of
the people; and that which every man will have so, no man can say is unjust. It is in the Lawes
of a Common-wealth, as in the Lawes of Gaming: whatsoever the Gamesters all agree on, is
Injustice to none of them. A good Law is that, which is Needfull, for the Good of the People, and withall Perspicuous.
Such as are Necessary.
For the use of Lawes, (which are but Rules Authorised) is not to bind the People from all
Voluntary actions; but to direct and keep them in such a motion, as not to hurt themselves by
their own impetuous desires, rashnesse, or indiscretion; as Hedges are set, not to stop
Travellers, but to keep them in the way. And therefore a Law that is not Needfull, having not
the true End of a Law, is not Good. A Law may be conceived to be Good, when it is for the
benefit of the Soveraign; though it be not Necessary for the People; but it is not so. For the
good of the Soveraign and People, cannot be separated. It is a weak Soveraign, that has weak
Subjects; and a weak People, whose Soveraign wanteth Power to rule them at his will.
Unnecessary Lawes are not good Lawes; but trapps for Mony: which where the right of
Soveraign Power is acknowledged, are superfluous; and where it is not acknowledged,
unsufficient to defend the People.
Such as are Perspicuous.
The Perspicuity, consisteth not so much in the words of the Law it selfe, as in a Declaration of
the Causes, and Motives, for which it was made. That is it, that shewes us the meaning of the
Le