A Holy Commonwealth, Chapter 8
CHAP. 8. Of the best form of Government, and Happyest Common-wealth.
AT his first Creation man was subjected to none but God: though it was provided in Nature, that there should have been Government and Subjection though man had continued innocent: but that would have been only a Paternal assisting Government for our good▪ having nothing in it that is penal, or any way evil. When God immediately Ruled, and man obeyed, all went right: Had this continued, the world had not felt those fractures and wounds, nor been troubled with rapines, wars or confusion, as it is. God being most perfectly Wise and Just, could not err in Commanding: Man was innocent and able to obey, but free and mutable: and so was tempted from his Obedience. Satan by disobedience having overthrown himself, did know it was the way to overthrow man. God could not be corrupted, nor tempted to unwise or unrighteou… Government: And if neither King no… subject were corrupted, the Kingdom could not have decayed. But Satan knew which was the weakest link in the chain: Man was frail, though holy; and not confirmed yet, though upright: and therefore defectible. The attempt of breaking his rank, and forsaking his due subjection, was the Devils fall: and by the same way he assaulted man, inciting in him a desire to be as God, and then provoking him to seek it by disobeying God: A foolish means to an impossible or impious end. The breach being thus made between man and his universal King, the joynts of holy order were loosed; and a breach was made also between man and himself, and man and the inferiour creatures, and enmity and confusion took possession in the world. The creatures Rebell against their M…ster turned Rebell: His own passions and …ppetite Rebell against his Reason: and the seeds of all the Confusions that have followed in the world, were sown with in us. As the enmity between the womans and the Serpents seed being propagated to posterity, is the great quarrel of the world; so all those vices in which the Malignant enmity doth consist, are propagated and by custom receive an increase. The Root of them all is Selfishness, which much consisteth in Pride; still man would be a… God. Every man would be Highest, and have the eyes of others set upon him, and be the Idol of the world. The sin that bro…k Order, is still at work to widen the breach. He that is a subject, would fain be in Authority; and …e that is of … lo…er rank, is ambitious to be higher … and be that is in Soveraign Power with just limitations, doth hate restraint, and take it for imprisonment or subjection; and striveth till he hath broak all bonds, and hath no guide but his own understanding, and nothing to moderate his impotent will. So that in all Ages and Nations Subjects are still disposed to murmurings and rebellions, and Princes to transcend their bounds by Tyrannie: and all because we are all the aspiring brood of Adam, that was made little lower then the Angels, but fell to be too near the Devils, by desiring to become as God. If the advantage of Greatness, the gate of Temptation, or the warmth of Prosperity, do but heighten this ambition, and hatch it to maturity, men will be then the sons of the Coal, and as so many Granado's thrown by Satan among the people where they live, to enflame, and trouble, and confound the world: The worm of Ambition will restlesly crawl within their stomachs, and make them by a troublous stir to seek for honour as food to quiet it, and keep it from gnawing on their hearts: But this greedy worm is unsatiable, crying as the Hors-leech, Give, Give.
The cure of this mischief hath long busied the people and Polititians of the world: and yet it is uncured. Princes that have strength, do make some shift with much ado, by …everity to restrain the Subject from Rebellion. But how to restrain the Prince from Tyrannie without disabling him from necess…ry Government, is much yet undiscovered, or the discoveries unpractised. The world hath had more Dionysiu…'s and Nero's, then David…, Solom…ns or Constantines. Rehoboam is no warning to them, but hath most Imitators, though with bad success. In most of the world, their doleful case doth tell u… what their Government is; we see among them Tyrannie is Hereditary: and Princes live among their Subjects as the Pike among the smaller fishes; …s if the people were made for them. They divide their Interest from their Peoples; and live as if their peoples welfare were not theirs; but rather all that is taken from the Subject, is added unto them. The soul and body of most Common-wealths fall out; and the Head and Heart have such diseased obstructions and oppositions, as are their mutual torment, and the Prognosticks of their hastening dissolution: when the Ivie hath kill'd the tree that bore it, it must perish with it. And if they are first themselves dismounted, they seldom ever get into the saddle, and sit fast after it.
Some Nations have thought that the way, to prevent this, was to be free; that is, to be Self-governours; and so when All governed, they found that none Governed, but Tyrannie and all Vice did raign in popular confusions: and there was neither peace nor safety to the whole or parts; No waves being greater then the Sea…, nor any Tyrant so cruel as the many-headed Tyrant: and it being the surest way to be …lwayes miserable, to be Governed by them that are alwayes naught▪ that is, by the multitude, in most parts of the world.
The sence of the mischief of Democracie hath made others think that the best way is to leave Kings to their wills, and let them use their Power arbitrarily: They think it costeth the world more to limit Princes then its worth: and that if they are absolute, their Interest will lead them to cherish their people: Or if they should grow cruel, God will protect us, and turn it to the best: A hundred sheep will flye from a little curre; and yet the Shepherd takes care that few of them are destroyed.] I could the easier digest this Doctrine, were it not for these Reasons. 1. The Heart of man is deceitful and desperately wicked; and what will it not do, if it may do what it will? 2. When men know that they are lyable to no Restraint, it will let loose their lusts, and make them worse. 3. We may not tempt them thus into a life of sin, to their own destruction. 4. Nor must we tempt God by pretending to trust him in a neglect of means. 5. It is against the light of Nature that one mans will should ruine a Nation. 6. If we may give away our Bodily welfare, yet not our souls. The Princes interest may lead him to have some regard to the Bodily welfare of the people, but he will not regard their souls. Greatness will have great temptations: And when there is no restraint, this will make the Greatest to be the worst. And the worst men are enclined to the worst opinions, and to be the greatest enemies to Piety and Honesty; and so would banish Christianity into corners, or from the earth. 7. If we might give away our own Interest, we may not so give away Gods; nor encourage or suffer every deceived wicked Prince to do as the Infidel Princes do, and persecute Christianity out of their Dominions. 8. At least we may not be guilty of Treason against God, by consenting to an Idol, or Usurper that claimeth his prerogative, and pretendeth to an absolute unlimited Power, as if he were from under the Laws and Government of the Almighty: we must know no Power but whats from God; and therefore none against his undoubted Interest and Laws. As it is unlawful to submit to the Pope that thus usurpeth in the Church, so as unlawful to consent to any Anti-Gods usurpation in the Common-wealth. 9. And the experience of the world hath caught them to abhor unlimited Government, even as intolerable to the people: For though they should no… destroy the whole penple, yet at their pleasure their particular Subjects must be the fuel of their rage & lust. Every mans Estate, Wife or Daughter that they have a mind to, must be theirs; and their word must command the Heads of the best deserving Nobility to the block: And however the distant vulgar speed, those that are nearest them will be as Lambs before the Wolf. 10. And experience hath told the world, that there is many, and very many bad Kings for one good one throughout the world; and the wicked will do wickedly when they have no restraint. And therefore this were to deliver up the Kingdoms of the earth to Satan, who Ruleth by the wicked; when we have a promise that they shall be the Kingdoms of the Lord and of his Christ, that Ruleth especially by the holy and the just.
Others have thought it a hopeful way of Cure, to have the Government elective, and either quam diu bene se gesserint, or for a short continuance by Rotation. But these have found that the Remedy was insufficient. The Nations of the earth have but few men that are wise and good: and if those must Rule but a little while, the bad will succeed them: And if it must run through many, and so there be many bad Rulers for one good one, the bad ones will do more hurt then the good ones can do good. And it will be next impossible so to temper the Government, as that bad Rulers may have power to preserve the Common-wealth, and yet not have power to perpetuate themselves, and invade a perpetual Dictatorship with Caesar; For Armies they must have; and those that can get sufficient interest in them, may use them to their own ends. Some think that the wealthier peoples bearing Arms would prevent all this: for they would never serve a Tyrant against their Liberties. Much should be done I confess more then is, this way, to preserve the peoples Liberties: but yet the Remedy is inconsiderable. For 1. We must have our Armies abroad, and those will be the poor, and those will be mercenary, and return to serve their Commanders minds. 2. Flattering words will mislead them that are not mercenary. 3. Prosperity and Wealth doth effiminate men and make them cowardly. 4. Experience told us in our late Wars, that the trayn'd Bands were as ready, at least in most places, to follow the stronger side that was in place, as the poorer Volunteers were: For they thought they had somewhat more to lose then their younger sons or servants had; and therefore they would not venture to disobey the strongest.
Some think a Lot being a Divine decision, to be the only way to choose the Prince: which hath its place, but solveth not the difficulty without more ado. To use Lots among a company of bad or unjust men to find one good one, is a tempting God; and but like the casting a Net among Frogs to catch Fish. The materials must be first prepared, and the main secured.
In a word, many models have been devised, and most of them have their excellencies, and defects: Some of them secure the peoples wealth and liberty from a Tyrant, and lay them open to an invading enemy: Some of them free the people from oppression by a Prince, and leave them under a multitude of Oppressors: Some so secure Liberty as to introduce in justice and confusion: and certainly cast away the means of spiritual everlasting good, in order to preserve their temporal good. And most of them tread under foot the Government and Interest of the Universal King, and pretend the means agai…st the end. They that can do most to mend the people, and secure us of good Rulers, and so to secure us in the main matters of Religion and Peace, are the best Polititians, though they leave us many inconveniences. And to that end he that could cull out the best of every Mode, and leave the worst, woold shew his Wisdom. Because I pretend not to such skil, nor intend any accurate Tract of Politicks, nor the discovery of an Ʋtopia, or City of the Sun, nor intend to bestow that time and labour which is necessary to improve that little knowledge that I have, to any such ends; but only to urge upon the world the great Divine neglected Principles, that we may be secured of the main; I shall readily give place to any of their new devised Models that are consistent with these Principles; and leave them to beautifie the Common-wealth in their own wayes, if the Life of it may be secured by Gods way.
And yet I must say that for ought I see, the Government of this Common-wealth is already ballanced with as much prudence, caution, and equality, (though with less ado) as the curiousest of the Models that self-conceited men would obtrude with so much ostentation. Might we but see the Foundation of Parliaments Reformed, by an exclusion of truly Ʋnworthy persons from the Elections (from choosing or being chosen) that so we were out of danger of having Impious Parliaments chosen by an impiou… Majority of the people, we should then build all the Fabrick of our Government on a Rock, that else will have a foundation of Sand: And a multitude of errours would be thus corrected at once, and more done for our Happiness then a thousand of the new Fanstatical devices will accomplish. Of this having spoken before, I shall yet add somewhat more, to shew you how the Kingdoms of the world may be made the Kingdoms of the Lord, and of his Christ.
Thes. 190. The Happyest Common-wealth is that which most attaineth the Ends of Government and Society, which are the publick Good, especially in matters of everlasting concernment, and the pleasing of God the Absolute Lord and King of all.
The Ultimate End is the chief Good: This denominateth all the Means to be more or less Good, and all things to be Indifferent, as to Amiableness, that are neither for it, nor against it; and all things to be Evil that are against it. That which is neither our End, nor a means to our End, is not Good or Amiable to us. Food and rayment and our outward wealth, are to furnish our own and others bodies with such requisites as fit them for the serving of our souls, that both may serve God, and enjoy and please him. He that takes down this End (the Pleasing and Enjoying of God in Glory) takes down all the world as a means to it, and destroyeth the very use and Relative nature of all things under the Sun, and makes another thing of himself and all things. As his fleshly Brutish End is below the high and Glorious End that God appointed all things for, so doth he accordingly brutifie and debase them all. For the Means receive their excellency from their End, and their Aptitude thereto. An Atheistical Infidel Polititian, that makes not these heavenly glorious things the Ends of his Policy, doth set Kings, and Common-wealths, and Laws as far below a Christian King, Common-wealth and Law, as earth is below heaven, and almost as a dog is below a man; and commit the higest Treason almost that men are capable of committing; destroying (doctrinally) Gods Kingdom and mens, and setting up a Mawkin in the place: And indeed are intolerable in a Christian Common-wealth.
Thes. 191. That Common-wealth is likely to be most Happy, which in the Constitution and Administration is fullyest suited to this Heavenly End; and therefore that is the best form of Government.
This needs no proof to any that do believe that to be the Ultimate End.
Thes. 192. The more Theocratical, or truly Divine any Government is, the better it is.
None can deny this, that denyeth not God: if he have more Authority then man, and be wiser and better, and more Powerful to defend his subjects, and repress his enemies, and do Justice in the execution of his Laws, then as no man should dare to compare with God, so no Government with his.
Thes. 193. A Government may be Theocratical (or Divine) 1. In the Constitution. 2. And the Administration. 1. In the Constitution, 1o As to the subjects; 2o The Relations and their Foundations; 3o And the Ends. 2. In the Administration; 1o As to the Officers; 2o Judgement and Execution.
It is the first part only that in order I should here treat of, because I am not come to the Administration of Common-wealths; but preferring the method that sutes my Ends, I shall touch briefly of somewhat of this here in the way: I take it for granted that every man except the Atheist, (alias, the Fool or Bruit) doth consent that we should desire the Best, that is, the most Divine Common-wealth that we are able to procure.
Thes. 194. 1. In a Divine Common-wealth, God the Ʋniversal King is the Soveraign; and none that Rule pretend to a Power that is not from him and subservient to him, nor do any else claim the honour of being the Original of Power.
The Majestas or pars imperans, is essential to the Common-wealth: and that God be King, is essential to a Theocracie. If any Infidel say that God will not condescend to be our King, and therefore this supposition deludeth us, and lifteth us up too high; I answer that he contradicteth not only the stream of Scripture that calleth God our King, but the clearest Light of Nature, which from his Creation and sole capacity, shews that by necessary Resultancy, he must Rule, (as I have shewed.)
Thes. 195. 2. In a Divine Common-wealth it is supposed that the subjects are all Gods subjects, not only by obligation (as every man is) but also by Consent.
Others may possibly be permitted as incolae, on the terms as Catechumens in or among the Church. But only the voluntary subjects of God should be the proper Cives or free subjects of a Divine Common-wealth; and only Christians of a Christian Common-wealth.
Thes. 196. 3. In a Divine Common-wealth a Covenant between God and the people is the Foundation or necessary Condition: And all the free subjects are engaged first to God.
As I shewed in the beginning, as they are Obligati ad Obedientiam, the Law of Nature is the Fundamentum, or cause, as they have Right to the Benefits of the Common-wealth, and are free of it; Gods promise or Covenant as on his part is the Fundamentum and the Cause; and their Consent or Covenant on their part, is the sine qua non or Condition: As they are self-obliged, (or bound by their own Consent) it is the efficient or Foundation of that secondary obligation.
Thes. 197. 4. In a Divine-Common-wealth, the Prince or other humane Soveraign doth hold his Power as from God, and under him, and the people consent and subject themselves to him principally as Gods Officer.
Though God choose not his Officers now in the same manner as in Moses and the following Judges dayes, (as to the extraordinary Call) yet are they now as truly his Officers as then. And therefore the people are first to be engaged in Covenant with God, and then with the Prince as Gods Officer: and on these terms are Princes to hold their power.
Thes. 198. 5. In a Divine Common-wealth the Honour and Pleasing of God, and the salvation of the people are the Principal Ends, and their corporal welfare but subordinate to these.
For it is much denominated à termino vel fine: that which is but for earthly Ends, is but an earthly Society: The Body that is not for the soul and subject to it, is not the Body of a man, but of a bruit: And the Kingdom that subjecteth not, corporal felicity to spiritual, and temporal to eternal, and looketh not to that, is but a brutish sensual Kingdom. For though Rational men are the subjects of it, yet while that Reason is subjected to the flesh and appetite, they are à fine to be denominated brutish: For that is a mans predominant faculty, which is next that which he makes his chiefest End: And therefore if he have a Brutish End, his Brutish appetite is predominant, though Reason serve it: And the man, and so also the Society and Government is denomnated from that which is predominant; and therefore from this End and brutish Ruling faculty it must be called Brutish.
Thes. 199. 6. Where the Gospel is published, Jesus Christ, our Lord and King, by the Title of Redemption, is also to be acknowledged by Prince and people, and taken in as the Beginning and End of the Common-wealth.
The Kingdom of Christ is proved before. If any man will but read the Scripture, he need no other confutation of Hobbs that from Scripture would prove that the Kingdom of Christ is only at his second coming, and not at present.
Thes. 200. In the Administration of a Divine Common-wealth, the Officers should be such as God will own; that is, men fearing God and working righteousness; men sober, righteous and godly, that by Faith & Love are subjected themselves to God their Creator and Redeemer.
If the Inferiour Magistates be Infidels, or ungodly men, they are false to their highest King: And how then can they be fit to Govern for him, and promote his interest?
Thes. 201. In the Administration of a Divine Common wealth. God must be allowed all that Causality in the choice of Individual Magistrates, which he condescendeth to; that is, 1. All the descriptions and Precepts of his Law must be observed. 2. Those that by his Gifts and Providence do answer his Law must be elected. 3. And to that end, those that he hath made capable only, should be Electors. 4. And that which cannot by these gifts be well discerned, if it be of moment, should be referred to a Lot.
Of these I shall anon speak somewhat more fully in order to practice.
Thes. 202. In a Divine Common-wealth the Laws of God, in Nature and Scripture, must be taken for the principal Laws, which no Rulers can dispence with; and all their Laws must be as by-law, subordinate to them for the promoting of their execution.
Though the Law of Moses as such oblige us not; yet the matter of it under another form may oblige; that is, the Moral Law still bindeth us, both as the Law of Nature, and of the Redeemer: And the Reasons of the Law commonly called Political, (though indeed the Moral were Political) do still bind, so far as our case agreeing with theirs, we can perceive in those Laws how God would have such a case determined. If Gods Laws keep not the preheminency, his Government is rejected. He ruleth by Laws; and to reject them is to reject his Rule. All the world have the Law of Nature; Christians also have the Law of Grace, and the Law of Nature in the most legible Characters. These are to be the principal statutes for the Government of the Common-wealth: and mans Laws should subserve them.
Thes. 203. In a Divine Common-wealth, the sins against God must be accounted the most hainous crimes; The denying or blaspheming God, or his Essential Attributes or Soveraignty, is to be judged the highest Treason; …d the drawing men to other Gods, and seeking the ruine of the Common wealth in spirituals, is to be accounted the … to it.
The offence against the highest Authority must needs be the greatest offence (caeteris paribus.) And though the chief punishment be reserved for the life to come, yet that will not excuse the Magistrate from the due punishing of it here. For Magistrates executions are for the publick Good of that particular Common-wealth; which will not frustrate Gods executions for the Glory of his Justice and other ends that are to man unknown. The chief punishment for Murder, Theft and other injuries to man, are reserved for the life to come: And yet we will not let them here goe unpunished, least present impunity encourage them to invade mens lives and estates. No more should notorious Impiety go unpunished here; least impunity encourage men to destroy their own and others souls, and by their examples and temptations to undo men everlastingly and bring down Gods temporal judgements on the place.
Thes. 204. In a Divine Common-wealth, Holiness must have the principal honour and encouragement, and a great difference be made between the precious and the vile.
King David saith Psal. 16. 3. That his Good extended to the Saints that are in the earth, and to the excellent in whom was all his delight. Psal. 101. 6. he prosesseth that his eyes shall be upon the faithful of the Land, that they may dwell with him: he that walketh in a perfect way, he shall serve him: but vers. 8. A froward heart shall depart from him, and he will not know a wicked person, and that he [will early destroy all the wicked of the Land, that he may cut off all wicked do…rs from the City of the Lord.] This is a Theocraty, when Princes govern From God, By God, and for God in all things.
Thes. 205. By this it appeareth that in a true Theocracy, or Divine Common wealth, the Matter of the Church and Common-wealth should be altogether or almost the same, though the form of them and administrations are different.
1. That the materials or subjects should be the same, appeareth from what is said: They must all be such as enter the Covenant with God, which in a Christian Common-wealth can be no other then the Baptismal Covenant which entereth them into the Church; Circumcision entered them by the holy Covenant into Church and Common-wealth, which among the Jews were materially the same. He that is by the Covenant given up to God in Christ, is a member of Gods Universal Church and Kingdom. Yea indeed the Universal Church, and the Universal Kingdom in the strict sense, are both materially and formally all one; though the particulars are not so. There are three senses of Gods Universal Kingdom. 1. As the word signifieth all that are obliged as subjects to obey him; and so all men, even Rebels are members of his Kingdom. 2. As it signifieth those that obey him secundum quid, or analogically, but not simply and acceptably, (nor profess so much.) And so Turks and many Infidels that worship God, but not by Christ, are in his Kingdom. 3. As it comprehendeth only faithful accepted subjects, and those that by profession seem to be such: And thus his Kingdom, and his Church Universal are all one formally.
2. But the …eason why particular Churches and Commonwealths are not formally the same, but distinct Pol…ties, is, because though the Universal being United in One undivided Head is but One, as being denominated from that Head, yet from unity proceedeth multiplicity: God doth not communicate all that Power in kind which is Eminently and Transcendently in himself to any one man, or sort of Officers; but distributeth to each their part; Civil Power to Civil Rulers, and Ecclesiastical to Church-Rulers. When we are once come down below God the fountain in our observation, we find a present Division of that Communicable Power into many hands, which floweth from the incommunicable Power that is in God alone. For man hath not Gods sufficiency to be all. The Popes flatterers may extol him as an Universal V…ce-God, or V…ce-Christ; but as Sctipture tells us that he wants the Form, that is, the Authority: So Nature tells us that he wants the Aptitude and Capacity of matter. And therefore though the Ʋniversal Kingdom (in the strict sense) and the Universal Church are One, in O…e God, yet particular Kingdoms and Churches are diversified in specie, as shall anon be shewed.
When I say that the matter (ordinarily) should be the same, I mean not to tye the Governours of Church or State, to a necessary conformity of their administrations as to the matter, in taking in or casting out of members (save only in point of advantage and conveniency, to be mentioned in the next chapter.) For each sort of Governours have the charge of their own distinct administrations. It is not only possible, but too common, that one sort is much more careless and unsaithful to God and men then the other. If a good Magistrate have bad Pastours over the same people, and the Pastors will not difference between the precious and the vile, but will keep the impious and filthy in the Church, the Magistrate is not therefore bound to keep such as Free men in the Commonwealth, but must make it (as containing Free men) narrower then the Church. And if faithful Pastours live under a careless Prince that takes the filthyest and most impious as Cives, the Pastours must not do so in the Church; for they must be accountable to God for the discharge of their own trust.
But that which I mean, is, that the same Qualification maketh a man capable of being a member both of a Christian Church and Common-wealth, which is, his Covenant with God in Christ, or his Membership of the Universal Church, supposing the other circumstantials or accidental capacities which are indeed distinct.
Lastly, Note that I exclude not some just exceptions of ordinary or extraordinary Cases, in which the Members of one sort of Society may be excluded from the other. Persons that are through scruples (innocent or sinful) kept from joyning with a particular Church for a time, being yet capable of their Communion, may be yet members of the Common-wealth. Want of Riches may do more also to keep men out of Freedom in the Common-wealth, then out of the Church. And yet I think that in a Theocracie care should be taken to keep some members from swelling to excess, and others from extremity of want, as among the Israelites there was; yet so as no mans industry be discouraged, nor propriety invaded, nor idleness in any cherished. And Riches and Poverty should not make altogether so great a difference as they do in Prophane societies. If mens Poverty be not so great as to make them the servants of others, and deprive them of ingenuous Freedom, it should not deprive them of Civil Freedom: especially where Criminal and Civil cases have different Judges, they may have more Freedom about Criminals then Civils. Where wealth is concerned, men of wealth should have the power: but where Vertue or Vice, Honesty or Dishonesty is the matter of debate, the Honest though poor, should have more power than the Impious that are rich.
I conclude therefore that though variety of outward States, and the neglects of either Magistrate or Pastours, may be an exception to the Rule, yet as to inward qualifications, ordinarily the same persons are fit to be Members of Church and Common-wealth.
But as the Church hath only the members within, and yet the Competentes, and Catechumens, and in a more distant sort, the excommunicate, and the Neighbour Infidels, under her care, as owing them some help; so a Christian Common-wealth, though it own none as Cives, (or free subjects, commonly called Burgesses, or enfranchised persons) but such as are fit to be Church-members, yet hath it many that are meer subjects, and are to have the protection of the Laws for their lives and possessions, that are of a lower form.
2. And yet that Church and Common-wealth are not formally (nor de facto alwayes, nor usually materially in a great part) the same societies, appeareth. 1. From the difference of Governours. Magistrates Rule the Common-wealth, and the Church as in the Common-wealth, but not the Church with that peculia… Government proper to it as a Church. And Ministers may Teach in the Common wealth, but as Pastours they Govern only the Church as such. 2. From the manner of Government and administrations. The Magistrate Ruleth imperiously, and by force, having power upon mens estates and persons: But the Pastours have none such, but govern only by the Word of God explained and applyed to the Conscience. 3. From the nearest Foundation. The Common-wealth is constituted by a (virtual or actual) contract between the civil Soveraign and the People: But the Church (particular) is constituted, by a consent between the Pastours and the Flock. 4 From the extent. The Common-wealth containeth all the people in a whole Nation or more, as united in one Soveraign. But particular Churches (distinct from the universal united in Christ) have no general Ecclesiastical Officers in whom a Nation must unite as one Church; but as Corporations in one Kingdom; or as so many Schools, that have a peculiar form and Government; but such only as is under the Magistrates Government in its kind: or as several Colledges in one University. 5. From the accidental incapacities of men to be members of each. A Servant or Beggar is to be a free member of the Church, that is to be limited much more in his freedom in the Common-wealth. And a man that lives as a Carryer or Messenger, in constant travail from place to place, (specially if he have no home) is scarce capable of being a member of a particular Church, who yet may be a member of the Common-wealth. 6. From the Nearest end. Civil Order is the Nearest end of civil Polity: but Church Order, for holy Communion in Gods worsh…p, is the Nearest end of Church Policy. So that formally they are divers, though materially, if Princes and Pastours would do their duties, in reformation and righteous Government, they would be if not altogether, yet for the most part the same, as consisting of the same persons.
Thes. 206. It is this Theocratical Policy or Divine Common-wealth, which is the unquestionable reign of Christ on earth, which all Christians are agreed may be justly sought; and that temporal dignity of Saints, which undoubtedly would much bless the world.
Whether there be any other reign of Christ on ear…h to be expected, that is, by his visible personal abode (which I perceive some Papists of late very busy, under their several maskes, to indigitate, partly in order to perswad… men that the Church is a Body that hath an Universal visible Head, which must be Christs V…car, but in the interspace betwixt his first and second coming,) this controversie I do not now determine. For my own part, I reverence the Ancients that were of that mind, and many later that have followed them. I am my self as meerly Neutral in it as in almost any point of so great moment so often propounded to my consideration: I oppose them not in the least, nor am I for them: Not from a carelesness or unwillingness to know the truth, but the difficulty of the case, and the weakness of my understanding. I live in hope of the coming and appearance of our Lord Jesus Christ, and pray that he may come quickly: But that he will after his coming raign Visibly on earth, and if so, in what manner, are things that I have read much of, but am uncertain after all, and scarce can perceive which way my judgement most inclineth.
But in the mean time, why should we not all conspire in our longings after that Raign of Christ, and Dignity of the Saints, and Reformation of the world, which is undoubtedly our duty, and which all agree about that have the fear of God?
If there be such a thing as a visible Raign of Christ here to be expected, he will surely elevate his servants in their Capacities of Soul and Body, as well as in their Dignity of Rule: And therefore we have little now to do study, and wait, and pray for that Kingdom that is to come. For till we have the Capacity, we can have no exercise of that Dignity.
But in our present Capacity, I would fain know of them that talk of the Ruling of the world by the Saints, what more they can desire or expect in Reason than I here propound. 1. They cannot without factio…s uncharitableness and immodesty say, that it must be only the Saints of this or that party or Opinion, that shall subdue and Rule the rest: nor only the stronger sort that shall be dignified, excluding them that are babes and weak in the Faith. 2. Nor can they rationally dream that the most uncharitable (that is, in Christs sense, the most graceless sort) that can censure and condemn all others as no Saints, and appropriate holiness causlesly to themselves, should therefore have the Rule of others. If Charity Rules not, Christ Rules not. 3. Nor can they expect sure that all and only Saints shall be Princes, Judges, or other Magistrates: For then the World were worse an hundred fold then now. For now we have thousands of Saints that are Subjects; and then all the Subjects must be supposed wicked, and no Saints, and we must have no more Saints but enow to Rule: And if we had materially such wicked Common-wealths, it would bring the plagues of God upon us: And if Government of Saints do no more Good in the World but to leave all the Subjects wicked, it were liker Satans Government then Christs. It is certain therefore that it is not all, but some of the Saints that must be Governours; and so it is already; and that it may be much Better, and that secured to our Posterity, should be now our joint desire. And let us wait for the coming of Christ in his own way.
Thes. 207. As there seldom ariseth any turbulent Opinion or party in the Church, but by the occasion of some neglect of Truth or Duty, which by their extremities God calleth us to reform: so I think the Promoting of this Holy Theocratical Government is the point of Reformation that we are called to desire, by them that now plead for the Raign of Christ and the Saints.
It is a special part of our wisdom to know what is our Health by our Diseases, and to learn Truth from the erroneous, and Duty from them that swerve into extreams. The Antinomians have called us to preach more the Dominion of Love, and the Riches of Grace, and divers other things: The Arminians have called us to take heed of a causeless narrowing of Grace in its extent, or of fathering our sins directly or indirectly upon God. The Anabaptists have called us to restore and practise Confirmation, and not take all into the number of Adult members that were baptized in Infancy, and never knew Christ nor a godly life. I could say the like of other Parties that have lately risen up. One sort runneth to them, and another part raileth at them; but he is the wise man that knoweth how to receive from them so much as is good, and leave the rest: could we duly improve them, we might have cause to thank God (though not them) that ever he permitted such occasions of our Reformation. So may I say in particular of the Millenaries: If we could by them be awakened to promote the unquestionable Raign of Christ, what a mercy would ensue?
Thes. 208. It is no meer frame or mode of Government, whether Monarchy, Aristocracy, Democraty, or mixt, whether the Roman, Spartan, Venetian, or any other Mode, that will make happy a Common-wealth in the hands of imprudent, impious men, so much as one of the other forms; supposed worse, will do in the hands of men of prudence, and the fear of God.
A great stir is made by Mr. Harrington and other self-conceited Polititians for their several forms. No contrivances are of much moment to our happiness, but those that secure us of a succession of good Governours. These particulars I shall here briefly manifest. 1. That their contrivances tend not to secure us of such a succession, nor a present faithful Government. 2. That imprudent and bad men in their contried form will undo the people. 3. That prudent faithful men in other forms, are likely to be a blessing to the people.
1. That Hobbs his Leviathan, or way of absolute Impious Monarchy, making us, our Religion, &c. tendeth not to secure us of a Righteous Government, is a point that needeth no proof with any reasonable man; were it but because the irreligious Author pretendeth not to any such thing as the securing a succession of the Christian Religion, without which a Righteous Government is not to be expected.
That Mr. Harringtons Oceana, and Venetian Ballot, have no such tendency, is plain. 1. In that it is such a Government as Heathens have been our Examples in, and in which he thinks they have excelled us, that he propoundeth. And therefore doubtless he intendeth not that his frame shall secure us the Christian Religion, without which we can have no happy Government.
2. And he professeth himself that his Common-wealth is most inconsistent with a Clergy: without which the Christian Religion never was maintained in any Nation upon earth. And Christ saith to his Ministers, whom he promised to be with to the end of the world, that he that despiseth them, despiseth him, Luke 10. 16. And as Christ never Ruled since his Ascension but by his Officers, Word and Spirit; so he that purposely designeth the extirpation of his Officers, intendeth not his Raign, or at least promoteth it not. And he that is an enemy to the Raign of Christ, at he is the heir of wrath himself, Luke 19. 27. so would he make others, and therefore murder the Common-wealeh.
3. He thinketh Venice, where Popery Ruleth, and whoredom abounds, is the perfectest Pattern of Government for us, now existent: therefore he intendeth not sure that his Model should keep us from the Raign of Popery (or whoredom.) I doubt not but the same Model among better men, might do much against them: which doth but shew that it is not the Model, but the better men that must do most.
4. The whole scope of the design is by the Ballot and Rotation to secure us from the danger of a probability of being Ruled by Wise or Honest men, and put the business out of doubt, that strangers to Prudence, and enemies to Piety shall be our ordinary Rulers, and consequently Christianity be expelled. Can you doubt of this? 1. He knoweth not what Prudence and Piety are, or knoweth not England or mankind, that knoweth not that the Major part of the vulgar are scarcely Prudent and Pious men. 2. He knoweth not what Piety is, that knoweth not that Impious men abhor it; and he is not a Christian, that neither believeth the Prologue to the first Covenant of Grace; that saith, God will put enmity between the Womans and the Serpents seed, which the first born man shewed in killing his brother, because his own works were evil, and his brothers Righteous. 1 John 3. 12. Nor yet believeth the words of Christ, that his servants will be hated of all men for his sake, because they are not of the world, &c. 3. And he knoweth not Oceana (Mr. Harringtons Common-wealth) that knoweth not that the ignorant and ungodly rabble are made the Lords and Rulers of all.
Go to the Foundation, and follow it up to the Head, and Judge. In his first Order, pag. 58. in the distribution into freemen and servants, all are freemen that can live of themselves. 2. In his second Order, the younger sort are made the marching Army, and the Elder the Garrisons. 3. In the third, by their estates they are distributed into the Equestrian Order and the foot; only those that have prodigally spent their estates are excluded Suffrages and Government. 4. His fourth Order settleth the Parishes, Hundreds and Tribes. 5. His fifth Order begins with the Parish Ballot; where all above thirty years of age are to choose their Deputies by suffrage: when in most Parishes its too well known that the Major part are Ignorant men, and too many enemies to Piety, and many to common sobriety and Civility. In some Parishes you may go to five, if not ten families, before you meet with one that can so much as read (though I hope that is not the common case) And in abundance of them, the multitude are so educated, that beyond the matters of their Ploughs, and Carts, and Trades, they are scarce men, and can scarce speak sense. And of all men, the rabble hate both Magistrates and Ministers that would bring them up to Piety, and restrain them from a licentious sensual life. And of all their Neighbours, they most hate them that live an holy Heavenly life, and condemn them by their difference.
And operari sequitur esse; such as men are, so they will act; and such if they are freemen, they will choose: will they choose wise and Godly men that partly hate them, and partly know not the worth of Wisdom? Would they choose those Magistrates that they know would punish them, and whom they abhor for strictness, and for punishing Vice?
6. In his sixth Order, two parts in three in every Parish must be for the Minister: And how many Parishes be they where a bad man that will suit their humours, shall sooner have two parts, then a godly faithful Pastor? And pag. 65 He provideth that there be no excommunication to make a difference, but Heaven and Hell must be confounded; forsooth because that excommunication is not clearly proved out of Scripture to such capacities as his.
7. His seventh Order gives us Justices of Peace, Jury-men, Captains, &c. by these suffrages. And the choosers may tell us what kind of Justices and Captains they will be. 8. His eighth Order giveth us Horse and Foot-Captains by a Ballot, that its ten to one, know as well how to perform their trust as I know how to guide a ship that was never in one. And as wisely might our Parishes and their Deputies by the Major Vote elect us Pilots and Captains of ships out of stables, and barns, and Cow-houses, as thence elect us Land-Captains and Magistrates. So his ninth and tenth Orders carry on the same work, by giving us Magistrates out of Shops and Threshingfloores. They must elect us the Philarch, the Lord Lieutenant (perhaps my Lord Ale-seller, or my Lord Plow-jogger) the Custos Rotulorum, &c. the Philarch must keep the Quarter-Sessions, and hear causes in order to the protection of Liberty of Conscience, who partly know not what Conscience is, and partly hate nothing more then Conscience, though they love nothing more then Liberty. No Tribe may Petition a Parliament, unless the Philarch at the Councel frame the Petition, and propose it by clauses, unto the Ballot of the whole Tribe, &c. We are like then to have good Petitions, and comfortable relief from Parliaments: When a pack of the rabble are got together, that lately had got the name of [Damn-me's] that took him for a Puritane that spoak a sentence without [God damn me] in it; and no man shall put up a Petition to the Parliament, but by their Counsel and proposal and Consent; then we have a perfect Common-wealth! Were it not for fear of abusing the name of God and Holiness, I would here by prediction, draw you up one of their Petitions; but I dare not so far defile my Paper, and the Readers eyes. I am ashamed and a weary to follow this gang any further, and shew you what Parliaments we must have, that being fetched from the Dung-cart to make us Laws, and from the Alehouse and the May-pole to dispose of our Religion, Lives and Estates, can scarce tell whether the Language of a rational Law be humane and intelligible; and if they read such a Law, they scarce know whether it be English, but better understand them that bleat and bellow, then they do these Law-terms. Or if there be a cunning Knave among them, its he that shall be the Prince and lead the rest. When I lately heard a description of the Irish, I was thinking how gallantly they would Rule or choose us Rulers by Vote, especially in Religion; when they know so much of Christ as to tell us that he is a better man then Saint Patrick; and so much of the Devil, as to call him Knave, and thats a great part of their Religion. And yet this is not all; but Mr. Harrington will give the people the supremacy and last resolution. Thats better of the two, then to give it to the Devil, or to worship the old Egyptian gods, an Ox or an Onion: Get all the Nobility and Gentry first to put it to the Countreys Vote, who shall be possessors of their Lands and Lordships: Or get all the learned and Wise men in Philosophy, Physick, Law, Theology, to put it to the Vote how these shall be regulated and used▪ The best use that we have in England for popular power of judging, is by Juries, that we think preserve our Liberties: And yet (I shall say again) I have thought of the excellency of a Democracie, when I have sat and heard a Learned Judge opening a hard case of Titles to the Jury, and they have stood by him all the while as if he had been talking Greek and Hebrew to them, and gone their way and brought in a Verdict for Plaintiff or Defendant at a venture, as it first came to their Tongues-ends, before they understood the cause any more then the man in the Moon; unless there were a crasty fellow among them, and then he ruled all the rest, and he had the day that had his voyce. Which when I saw, I thought it in such difficult cases almost as good to throw the Dice to decide the Controversie.
But Mr. Harrington doubts not but the people will be wise enough to choose the wise, and good enough to choose the good. As if we knew not what hard, and scornful, and censorious thoughts the vulgar have of Nobility, Learning, and all that is above them. W…at reproaches do we daily hear from them, not only against Divines, but against Lawyers, Physitians, Princes, and all whose waies they are unacquainted with? Many a time have I heard them say, [It will never be a good world, while Knights and Gentlemen make us Laws, that are chosen for fear, and do but oppress us, and do not know the peoples sores: It will never be well with us till we have Parliaments of Country-men like our selves, that know our w…nts.] Nothing more natural, then that the propagation should be of the kind: and that sensual and ungodly men should choose such as themselves, and as will fit their ends: Especially being now exasperated by a war and some attempts of Reformation, they will be more virulent then heretofore, and nothing will satisfie them but the extirpation of those that have crost them, and would have reformed them.
It is easie to bring such on the stage in a dreaming Model, and put a golden Oration into their mouthes, and feign a fool more eloquent then Demosthenes: but when it comes to the execution (if the Nation be so distracted as to try) it will not be found so easie a matter to reach the Elected to speak sense: but the Senate and the Prerogative tribe must presently be put upon wielding the great affairs of Government, Civil and Religions, of Peace and War, which they are utterly ignorant of, as never being exercised in before. If these Polititians will scorn to be equalled in the reputation of their Learning with unstudied men that never took any pains to get it; (yea or to be matcht in point of Prudence by Divines that study its likely much more then themselves, if so be they have but read more of some parts of History or Politicks, though they are ignorant of the principal parts of solid learning;) why then should we equalize unskilful Rusticks that never studied Politicks a day, but are suddenly chosen from the Plough or Alehouse by the vulgar vote, with men that have studied and been trayned up to the skill of Governing, and been exercised in it? Surely if Mr. Harrington be so much a wiser man as he proclaims himself then the Clergy, as may warrant him to give it us as the suffrage of the Nations (pag. 223.) that [An ounce of Wisdom is worth a pound of Clergie] and that [Ministers of all others least understand Political Principles]; if all the Clergy, though they are men of the same Country and complexion with himself, and have studied many hours for his one, cannot yet come near the eminence of his wisdom, no nor attain to so much knowledge of Political Principles as all others have (in his account;) we must then expect to be Governed by a constant Miracle, or by constant folly, when men that never studied such things are made our Governours. Are Divines all such fools for all their studies? and will the Plough-mens Vote immediately give us a Senate and Prerogative tribe of wise men! wise in matters of highest moment, that they never heard of or medled with before.
And lest we should have any hope they should grow wiser by experience, the Rotation must turn them out before they well know where they are, and what it is they were Called to do; and from the Academy of the Shop or Alehouse, we must have freshmen in their rooms that are as wise as they were. What Ship was well Governed that was thus used in choice of Pilots? What Army was prosperous that was thus used in choice of Commanders? What School was well taught that was thus used in choice of School-masters? to have the ignorant and unexercised introduced, and then turned out before they can grow wise, to secure us against all possibility of remedy.
But though the National Religion and Conscience must be thus disposed of; yet Mr. Harrington and his Brethren (they know why) do haply secure us of libtrty of conscience, and that of a sufficient latitude that [No gathered Congregations be molested or interrupted in their way of worship, being neither Jewish nor Idolatrous, but vigilantly and vigorously protected, &c. pag. r 30.] Popery had been before excepted, but that found place for repentance; and now Mr. H. and his fraternity have Liberty, either never to worship God at all (for that's supposed to be free) or to set up Deism, and worship God without a Saviour, or to set up Mahometanism, or cry down Christ and Christianity, or to make a worship of preaching up impiety and vice, and crying down the Scriptures and all true Worship. I will not talk of such low things as Liberty to preach down the Godhead or manhood of Christ, the Creation, the Resurrection and Life to come, and other Articles of the faith, by parts. But if he felt not some extream necessity of such Liberty, there need not this excessive care to secure it. What need all this ado for liberty of such Consciences, when the major Vote of the impious Rule, who will not only grant you Liberty, but extirpate those that for the defence of Christianity would deprive you of it?
Argu. To exclude the heavenly treasure of vertue, piety and prudence, is an evil, which Government must be secured against, or it cannot be good.
But Mr. Hs. government is not secured against it, (but certainly bindeth it upon us:)
Therefore Mr. Hs. government cannot be good.
The Major is his own, page 10. saith he [Sad complaints, that the Principles of Power and Authority, the goods of the mind and of fortune do not meet, and twine in the wreath or Crown of Empire! Wherefore if we have any thing of Piety or of Prudence, let us raise our selves out of the mire of private Inte…est, unto the contemplation of Vertue, and put an hand to the removal of this evil from under the Sun; this evil against which no Government that is not secured, can be good; this evil from which the Government that is secure must be perfect: Solomon tells us, that the cause of it is from the Ruler, from those principles of Power, which ballanced upon earthly trash, exclude the heavenly Treasures of Vertue, and that influence of it upon government, which is Authority. We have wandred the earth, to find out the ballance of power; but to find out that of Authority, we must ascend nearer Heaven, or to the Image of God, or the soul of man.] Thus Mr. H.
Out of his own mouth are men invited to oppose his Policy, as they would do the Devil, or at least, the most destructive plague of a Common-wealth. It is not more certain that the earth doth bear us, then that the rabble vulgar multitude are for the greater part not only void of solid Piety and Prudence, and this Heavenly Treasure, but enemies to it: and that all men are byassed and Ruled by a private selfish spirit, till saving grace make God their Center, or common help do elevate one of many to prefer the common good before their own. Is his Common-wealth secure, yea perfect (as he saith it must be, if secure) from this selfish evil? Must we be Ruled by the rabble that (as I before said from the words of Augustine) had rather there were two Stars fewer in the Firmament, then one Cow less in their pastures, or one tree less in their hedges, and this to secure us from Private interest, and the exclusion of the heavenly Treasure? Let us then go to a Brothel-house for a pattern of Chastity, or to Mr. H. for a pattern of Humility.
Argu. 2. That Government is next to Hell, that ascertaineth us of a constant succession of impious enemies of heavenly vertue in chief Power. But such is Mr. Hs. Government, that giveth the Major Vote the power, and calleth ignorant men to places of highest trust, and greatest work; and is inconsistent with a Clergy; therefore, &c.
Argu. 3. A people, saith Machiavel, that is corrupt, is not capable of a Common-wealth. (They are Mr. Harringtons words, pag. 45.) But the Major Vote of almost all Nations are corrupt; therefore they are uncapable of a Common wealth.
I know Mr. Harrington is here involved (as he speaks) by Machiavel. No wonder. But if Machiavel be become a Puritan to him, what is Mr. Harrington to us?
But perhaps some will say, [Was not David a Shepherd, and yet a person meet to be a King?]
Answ. 1. It seems then there is an Instance of a worthy King that was taken from a Sheepfold: But to have many hundred persons so prepared for Government, is not ordinarily to be expected. Amo… a Prophet, was called from the herd: but argue not thence if you love the reputation of your reason; that the major Vote of our Herdsmen should judge the spirits of the Prophets, or be accounted Prophets as well as he.
2. God can fetch a Ruler from a Sheepfold: but the vulgar Rabble are not so good choosers as God is: At least not so much better then God, as to choose five hundred good ones for one that God did choose.
3. But its well known that in those dayes, when Countries lay open, and mens treasure lay in Cattle rather then in Gold, that Herdsmen and Shepherds were the greatest men, and fittest for Riches to be Princes.
Object. But do not our common people choose good Parliaments by a Major Vote, &c.
Answ. 10. Mr. Harringtons Model hath not yet made them Independants; and therefore they ordinarily choose such as their Landlords do desire them to choose; and therefore it will go according to the quality of the Landlords, and not according to the quality of the people, 2. Formerly when the peoples Liberties were encroacht on, and no divisions made in the Land among the Gentry, they were all ready to joyn for the common liberty, with some more unanimity then now. But now by the late wars they are divided, and one part think themselves oppressed, and the attempts of Reformation have irritated the sensual gang; there wants nothing but Liberty, to tread these Reformers in the dirt. Let Mr. H. and his party get down the Army, and take off all the late restraints, and let Parliaments be chosen by unrestrained Votes, and that party that hath most tenants, and that is most against Puritans, that will carry it. 3. And even before the divisions and exasperations, the divided Parliament and the war ensuing, and Major part of the Nobility and Gentry adhering to the King, (who by a minor part were conquered) did shew us what a Vote would have done. So much to Mr. H.
2. Having shewed that these new Models secure us not of a Righteous Government, (though there is much good interwoven, which by righteous Governors might be made good use of,) I should next shew that the Imprudent and Evil will not be hindred by these Forms, from undoing the Common-wealth. And for that, what need I more, then, 1. That men at liberty will rule according to their dispositions? An evil tree bringeth not forth good fruit. Men gather not grapes of thorns, nor figgs of thistles. Folly will not do the works of Wisdom, nor Impiety cherish Godliness which it hateth. Why else do not Heathens, Turks and all Infidels set up Christianity, but because they are against it? and as much are ungodly sensual men, though called Christians, against true Piety. 2. What is there to hinder them? Is it Laws, who made them? It is they themselves that are the Law-givers. Whether it be a Monarchie, Aristocracie, or Democracie, the Soveraign is the Law-giver. They are also the Judges of the Law, having none above them: So that in making, repealing and executing Laws, what mischief may they not do, especially which the sensual multitude can but bear?
Name us that Common-wealth on earth that is piously Ruled by impious Rulers, and Prudently Ruled by fools, whatever the Model of Government may be.
And to what use are all their Models, if not to secure us of good and righteous Governours? Is it any better to be impiously and unrighteously Governed by a thousand then by one? If therefore it secure not this, but rather certainly destroy it, their Model is poor relief or comfort to an oppressed undone people.
3. The next part of my task here is to shew you, that in every Form, whether Monarchy, Aristocracie, or Democratie, wise and pious righteous Governors will make the Government a blessing to the people. For, 1. They will act according to their Principles: But the Principles of all wise and pious men, do lead them to prefer God and the Common Good, before any private interest of their own; therefore, &c. 2. They will act according to their Dispositions: But honesty and wisdom disposes them to prefer God and the common good, &c. 3. Governors will Rule according to the attraction of their Ultimate End. But every wise and honest man doth make God his Ultimate End, (and the nearer End the Common Good.)
Holiness is a new Nature: and therefore a constant Monitor and mover unto Good. They that Love God and Vertue, and hate all evil, will Rule accordingly.
Its true, they are imperfect, and have their faults: but that which is predominant in their hearts, will be predominant in their Government.
Thes. 209. From hence the common Question may be resolved, Whether it be better to be Ruled by good Laws and bad Governors, or by good Governors and bad Laws?
Answ. It is as if you should ask, Is it better be warmed by cold snow, or cooled by the fire? Laws are nothing but acts of Government; effects and significations of the Governours will concerning what shall be the subjects Duty. Laws antecedent to the Soveraigns will, are effects before the cause. Good Rulers will make & continue good Laws, and bad ones the contrary. All the world have good Laws already made them by God: But if you will needs suppose a separation, I say, that Good Laws with bad Rulers will do little good, but restrain a little of their evil: But if the inferiour Magistrates only be bad, the Good Rulers and Laws that are over them may force them to do good.
Gods Laws are the effect and significations of his Will. And his Will and Power are before his Laws: The Laws of the Common-wealth that are made by men, are the effects and signs of the Wills of the Law givers: Leg…slation is the chief act of Government, and highest prerogative of Governing Authority. Contracts may be antecedent to Government, but Law cannot. When the Individual Ruler dyeth, the Laws survive, not as effects of Contract, or effect without a cause, nor as his Laws that is dead, but as his Laws that doth succeed, who owneth them (as by the Contract he is obliged) as soon as he succeedeth: The Soveraign liveth in specie in the Constitution; and to whomsoever the Power is divolved, his acts do the Laws become, and as soon as he disowneth them, they are null (though the constitutive Contracts are not so.) Where Kings only are the Law-givers, or Senates only, or both conjunct, they have power over the Laws, to repeal them. And bad Soveraigns, (if no restraint be in on them) will make bad Laws, and good ones will make goods Laws.
And if fundamental Contracts limit the Soveraign, if he can, he will violate them, if vice dispose him to it, and carnal Interest entice him. And how hard it is to execute limiting Contracts effectually for his restraint that hath got possession of strength and Soveraignty, is commonly known.
And if the Laws were good, and the superiour power so good as to make them, but not so good as to be much regardful for the execution, then if the inferiour Magistrates be naught, they will make nothing of the Laws. Who knoweth not how easily impious Judges and Justices can destroy the just, and turn most righteous Laws against them, by mis-interpretations and mis-applications? Saith Plautus in Trin. act. 4. Mores leges jam perduxerunt in potestatem suam; Eae miserae etiam ad parietem sunt fixae clavis ferreis; Ʋbi malos mores affigi nimis fuerat aequius, &c.—
I conclude therefore that God having already given us the best fundamental Laws, let us have good Soveraigns, and we shall have good humane Laws, and let us have good Magistrates, and we shall have good execution, which is the end or use of Laws: But if we have bad Soveraigns, we shall have bad Laws, in part, and the good will be uneffectual; much more if also we have bad Magistrates. This is past doubt.