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Salaries Certain and

Casuall.

are they Graces; because they be extorted by fear, which ought not to be incident to the Soveraign Power: but are rather Sacrifices, which the Soveraign (considered in his naturall person, and not in the person of the Common-wealth) makes, for the appeasing the discontent of him he thinks more potent than himselfe; and encourage not to obedience, but on the contrary, to the continuance, and increasing of further extortion. And whereas some Salaries are certain, and proceed from the publique Treasure; and others uncertain, and casuall, proceeding from the execution of the Office for which the Salary is ordained; the later is in some cases hurtfull to the Common-wealth; as in the case of Judicature. For where the benefit of the Judges, and Ministers of a Court of Justice, ariseth for the multitude of Causes that are brought to their cognisance, there must needs follow two Inconveniences: One, is the nourishing of sutes; for the more sutes, the greater benefit: and another that depends on that, which is contention about Jurisdiction; each Court drawing to it selfe, as many Causes as it can. But in offices of Execution there are not those Inconveniences; because their employment cannot be encreased by any endeavour of their own. And thus much shall suffice for the nature of Punishment, and Reward; which are, as it were, the Nerves and Tendons, that move the limbes and joynts of a Common-wealth.

Hitherto I have set forth the nature of Man, (whose Pride and other Passions have compelled him to submit himselfe to Government ;) together with the great power of his Governour, whom I compared to Leviathan, taking that comparison out of the two last verses of the one and fortieth of Job; where God having set forth the great power of Leviathan, calleth him King of the Proud. There [167] is nothing, saith he, on earth, to be compared with him. He is made so as not to be afraid. Hee seeth every high thing below him; and is King of all the children of pride. But because he is mortall, and subject to decay, as all other Earthly creatures are; and because there is that in heaven, (though not on earth) that he should stand in fear of, and whose Lawes he ought to obey; I shall in the next following Chapters speak of his Diseases, and the causes of his Mortality; and of what Lawes of Nature he is bound to obey.

CHAP. XXIX.

Of those things that Weaken, or tend to the DISSOLU-
TION of a Common-wealth.

TH

Dissolution of Commonwealths proccedeth from their Imper fect Institu

tion.

Hough nothing can be immortall, which mortals make; yet, if men had the use of reason they pretend to, their Common-wealths might be secured, at least, from perishing by internall diseases. For by the nature of their Institution, they are designed to live, as long as Man-kind, or as the Lawes of Nature, or as Justice it selfe, which gives them life. Therefore when they come to be dissolved, not by externall 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 justling, and hewing one another, and desire with all their hearts, to conforme themselves into one firme and lasting edifice; so for want, both of the art of making fit Lawes, to square their actions by, and also of humility, and patience, to suffer the rude and combersome points of their present greatnesse to be taken off, they cannot without the help of a very able Architect, be compiled, into any other than a crasie building, such as hardly lasting out their own time, must assuredly fall upon the heads of their posterity.

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

Want of Absolute Power.

Of which, this is one, That a man to obtain a Kingdome, is sometimes content with lesse Power, than to the Peace, and defence of the Common-wealth is necessarily required. From whence it commeth to passe, that when the exercise of the Power layd by, is for the publique safety to be resumed, it hath the resemblance of an unjust act; which disposeth great numbers of men (when occasion is presented) to rebell; 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 scabbs. And when Kings deny themselves some such necessary Power, it is not alwayes (though sometimes) out of ignorance of what is necessary to the office they undertake; but many [168] 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 forraign Common-wealths; 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 Ecclesiastiques to the Common-wealth, having been dispensed with by William the Conquerour 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 himselfe,) encreased to a degree, inconsistent with the Soveraign Power, maintained in their Rebellion against King John, by the French.

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

The people of Athens bound themselves but from one onely Action; which was, that no man on pain of death should. propound the renewing of the warre 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 mad-man, and in verse, propounded it to the People that flocked about him, they had had an enemy perpetually in readinesse, even at the gates of their Citie; such dammage, or shifts, are all Common-wealths forced to, that have their Power never so little limited.

Private

Good and
Evill.

In the second place, I observe the Diseases of a Commonwealth, that proceed from the poyson of seditious Fudgement of doctrines; whereof one is, That every private man is Judge of Good and Evill actions. This is true in the condition of meer Nature, where there are no Civill Lawes; and also under Civill Government, in such cases as are not determined by the Law. But otherwise, it is manifest, that the measure of Good and Evill actions, is the Civil Law; and the Judge the Legislator, who is alwayes Representative of the Common-wealth. From this false doctrine, men are disposed to debate with themselves, and dispute the commands of the Common-wealth; and afterwards to obey, or disobey them, as in their private judgements they shall think fit. Whereby the Commonwealth is distracted and Weakened.

conscience.

Another doctrine repugnant to Civil Society, is, that whatsoever a man does against his Conscience, is Erroneous Sinne; and it dependeth on the presumption of making himself judge of Good and Evill. For a mans Conscience, and his Judgement is the same thing; and as the Judgement, so also the Conscience may be erroneous. Therefore, though [169] 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 Common-wealth; because the Law is the publique 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 Common-wealth must needs be distracted, and no man dare to obey the Soveraign Power, farther than it shall seem good in his own eyes.

Pretence of Inspiration.

It hath been also commonly taught, That Faith and Sanctity, are not to be attained by Study and Reason, but by supernaturall Inspiration, or Infusion. [W]hich 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 wee fall again into the fault of taking upon us to Judge of Good and Evill; or to make Judges of it, such

private men as pretend to be supernaturally Inspired, to the
Dissolution of all Civill 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 supernaturall,
but onely, for the great number of them that concurre to every
effect, unobservable. Faith, and Sanctity, are indeed not very
frequent; but yet they are not Miracles, but brought to passe
by education, discipline, correction, and other natural wayes,
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 the tongues, and pens of unlearned Divines; who
joyning the words of Holy Scripture together, otherwise than
is agreeable to reason, do what they can, to make men think,
that Sanctity and Naturall Reason, cannot stand tog[e]ther.
A fourth opinion, repugnant to the nature of a Common-
wealth, is this, That he that hath the Soveraign
Subjecting
Power, is subject to the Civill Lawes. It is true, the Soveraign
that Soveraigns are all subject to the Lawes of Power to
Nature; because such lawes be Divine, and
cannot by any man, or Common-wealth be abrogated.
But to those Lawes which the Soveraign himselfe, that is,
which the Common-wealth maketh, he is not subject. For
to be subject to Lawes, is to be subject to the Common-wealth,
that is to the Soveraign Representative, that is to himselfe;
which is not subjection, but freedome from the Lawes. Which
errour, because it setteth the Lawes above the Soveraign,
setteth also a Judge above him, and a Power to punish him;
which is to make a new Soveraign; and again for the same
reason a third, to punish the second; and so continually
without end, to the Confusion, and Dissolution of the Common-
wealth.

Civill Lawes.

Attributing
of absolute
Propriety to
Subjects.

A Fifth doctrine, that tendeth to the Dissolution of a Common-wealth, is, That every private man has an absolute Propriety in his Goods; such, as excludeth the Right of the Soveraign. Every man has indeed a Propriety that excludes the Right of every other Subject: And he has it onely from the Soveraign Power; without the prote[170]ction whereof, every other man should

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