Books: Leviathan

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By this also a man may understand, when it is, that men may be said
to be Conquered; and in what the nature of Conquest, and the Right of
a Conquerour consisteth: For this Submission is it implyeth them all.
Conquest, is not the Victory it self; but the Acquisition by Victory,
of a Right, over the persons of men. He therefore that is slain,
is Overcome, but not Conquered; He that is taken, and put into prison,
or chaines, is not Conquered, though Overcome; for he is still an Enemy,
and may save himself if hee can: But he that upon promise of Obedience,
hath his Life and Liberty allowed him, is then Conquered, and a Subject;
and not before. The Romanes used to say, that their Generall had Pacified
such a Province, that is to say, in English, Conquered it; and that the
Countrey was Pacified by Victory, when the people of it had promised
Imperata Facere, that is, To Doe What The Romane People Commanded Them:
this was to be Conquered. But this promise may be either expresse,
or tacite: Expresse, by Promise: Tacite, by other signes.
As for example, a man that hath not been called to make such an
expresse Promise, (because he is one whose power perhaps is
not considerable;) yet if he live under their Protection openly,
hee is understood to submit himselfe to the Government: But if he
live there secretly, he is lyable to any thing that may bee done
to a Spie, and Enemy of the State. I say not, hee does any Injustice,
(for acts of open Hostility bear not that name); but that he may be
justly put to death. Likewise, if a man, when his Country is conquered,
be out of it, he is not Conquered, nor Subject: but if at his return,
he submit to the Government, he is bound to obey it. So that Conquest
(to define it) is the Acquiring of the Right of Soveraignty by Victory.
Which Right, is acquired, in the peoples Submission, by which they
contract with the Victor, promising Obedience, for Life and Liberty.

In the 29. Chapter I have set down for one of the causes of the
Dissolutions of Common-wealths, their Imperfect Generation,
consisting in the want of an Absolute and Arbitrary Legislative Power;
for want whereof, the Civill Soveraign is fain to handle the
Sword of Justice unconstantly, and as if it were too hot for him to hold:
One reason whereof (which I have not there mentioned) is this,
That they will all of them justifie the War, by which their Power
was at first gotten, and whereon (as they think) their Right dependeth,
and not on the Possession. As if, for example, the Right of the
Kings of England did depend on the goodnesse of the cause of William
the Conquerour, and upon their lineall, and directest Descent from him;
by which means, there would perhaps be no tie of the Subjects obedience
to their Soveraign at this day in all the world: wherein whilest
they needlessely think to justifie themselves, they justifie all
the successefull Rebellions that Ambition shall at any time raise
against them, and their Successors. Therefore I put down for one of
the most effectuall seeds of the Death of any State, that the
Conquerours require not onely a Submission of mens actions to them
for the future, but also an Approbation of all their actions past;
when there is scarce a Common-wealth in the world, whose beginnings
can in conscience be justified.

And because the name of Tyranny, signifieth nothing more, nor lesse,
than the name of Soveraignty, be it in one, or many men, saving that
they that use the former word, are understood to bee angry with them
they call Tyrants; I think the toleration of a professed hatred
of Tyranny, is a Toleration of hatred to Common-wealth in general,
and another evill seed, not differing much from the former.
For to the Justification of the Cause of a Conqueror, the Reproach
of the Cause of the Conquered, is for the most part necessary:
but neither of them necessary for the Obligation of the Conquered.
And thus much I have thought fit to say upon the Review of the
first and second part of this Discourse.

In the 35. Chapter, I have sufficiently declared out of the Scripture,
that in the Common-wealth of the Jewes, God himselfe was made
the Soveraign, by Pact with the People; who were therefore called
his Peculiar People, to distinguish them from the rest of the world,
over whom God reigned not by their Consent, but by his own Power:
And that in this Kingdome Moses was Gods Lieutenant on Earth;
and that it was he that told them what Laws God appointed to
doe Execution; especially in Capitall Punishments; not then thinking it
a matter of so necessary consideration, as I find it since.
Wee know that generally in all Common-wealths, the Execution
of Corporeall Punishments, was either put upon the Guards, or other
Souldiers of the Soveraign Power; or given to those, in whom want
of means, contempt of honour, and hardnesse of heart, concurred,
to make them sue for such an Office. But amongst the Israelites
it was a Positive Law of God their Soveraign, that he that was convicted
of a capitall Crime, should be stoned to death by the People;
and that the Witnesses should cast the first Stone, and after
the Witnesses, then the rest of the People. This was a Law that
designed who were to be the Executioners; but not that any one
should throw a Stone at him before Conviction and Sentence,
where the Congregation was Judge. The Witnesses were neverthelesse
to be heard before they proceeded to Execution, unlesse the Fact
were committed in the presence of the Congregation it self,
or in sight of the lawfull Judges; for then there needed no other
Witnesses but the Judges themselves. Neverthelesse, this manner
of proceeding being not throughly understood, hath given occasion
to a dangerous opinion, that any man may kill another, is some cases,
by a Right of Zeal; as if the Executions done upon Offenders
in the Kingdome of God in old time, proceeded not from the
Soveraign Command, but from the Authority of Private Zeal: which,
if we consider the texts that seem to favour it, is quite contrary.

First, where the Levites fell upon the People, that had made and
worshipped the Golden Calfe, and slew three thousand of them;
it was by the Commandement of Moses, from the mouth of God;
as is manifest, Exod. 32.27. And when the Son of a woman of Israel
had blasphemed God, they that heard it, did not kill him, but brought
him before Moses, who put him under custody, till God should give
Sentence against him; as appears, Levit. 25.11, 12. Again,
(Numbers 25.6, 7.) when Phinehas killed Zimri and Cosbi, it was not
by right of Private Zeale: Their Crime was committed in the sight
of the Assembly; there needed no Witnesse; the Law was known,
and he the heir apparent to the Soveraignty; and which is the
principall point, the Lawfulnesse of his Act depended wholly upon
a subsequent Ratification by Moses, whereof he had no cause to doubt.
And this Presumption of a future Ratification, is sometimes necessary
to the safety [of] a Common-wealth; as in a sudden Rebellion,
any man that can suppresse it by his own Power in the Countrey
where it begins, may lawfully doe it, and provide to have it Ratified,
or Pardoned, whilest it is in doing, or after it is done.
Also Numb. 35.30. it is expressely said, "Whosoever shall kill
the Murtherer, shall kill him upon the word of Witnesses:"
but Witnesses suppose a formall Judicature, and consequently
condemn that pretence of Jus Zelotarum. The Law of Moses concerning
him that enticeth to Idolatry, (that is to say, in the Kingdome of God
to a renouncing of his Allegiance (Deut. 13.8.) forbids to conceal him,
and commands the Accuser to cause him to be put to death, and to cast
the first stone at him; but not to kill him before he be Condemned.
And (Deut. 17. ver.4, 5, 6.) the Processe against Idolatry is exactly
set down: For God there speaketh to the People, as Judge, and commandeth
them, when a man is Accused of Idolatry, to Enquire diligently of
the Fact, and finding it true, then to Stone him; but still the hand
of the Witnesse throweth the first stone. This is not Private Zeal,
but Publique Condemnation. In like manner when a Father hath a rebellious
Son, the Law is (Deut. 21. 18.) that he shall bring him before the
Judges of the Town, and all the people of the Town shall Stone him.
Lastly, by pretence of these Laws it was, that St. Steven was Stoned,
and not by pretence of Private Zeal: for before hee was carried away
to Execution, he had Pleaded his Cause before the High Priest.
There is nothing in all this, nor in any other part of the Bible,
to countenance Executions by Private Zeal; which being oftentimes
but a conjunction of Ignorance and Passion, is against both the Justice
and Peace of a Common-wealth.

In the 36. Chapter I have said, that it is not declared in what manner
God spake supernaturally to Moses: Not that he spake not to him
sometimes by Dreams and Visions, and by a supernaturall Voice,
as to other Prophets: For the manner how he spake unto him from
the Mercy-seat, is expressely set down (Numbers 7.89.) in these words,
"From that time forward, when Moses entred into the Tabernacle of the
Congregation to speak with God, he heard a Voice which spake unto him
from over the Mercy-Seate, which is over the Arke of the Testimony,
from between the Cherubins he spake unto him." But it is not declared
in what consisted the praeeminence of the manner of Gods speaking
to Moses, above that of his speaking to other Prophets, as to Samuel,
and to Abraham, to whom he also spake by a Voice, (that is, by Vision)
Unlesse the difference consist in the cleernesse of the Vision.
For Face to Face, and Mouth to Mouth, cannot be literally understood
of the Infinitenesse, and Incomprehensibility of the Divine Nature.

And as to the whole Doctrine, I see not yet, but the principles of it
are true and proper; and the Ratiocination solid. For I ground the
Civill Right of Soveraigns, and both the Duty and Liberty of Subjects,
upon the known naturall Inclinations of Mankind, and upon the Articles
of the Law of Nature; of which no man, that pretends but reason enough
to govern his private family, ought to be ignorant. And for the Power
Ecclesiasticall of the same Soveraigns, I ground it on such Texts,
as are both evident in themselves, and consonant to the Scope of
the whole Scripture. And therefore am perswaded, that he that shall
read it with a purpose onely to be informed, shall be informed by it.
But for those that by Writing, or Publique Discourse, or by their
eminent actions, have already engaged themselves to the maintaining
of contrary opinions, they will not bee so easily satisfied.
For in such cases, it is naturall for men, at one and the same time,
both to proceed in reading, and to lose their attention,
in the search of objections to that they had read before:
Of which, in a time wherein the interests of men are changed
(seeing much of that Doctrine, which serveth to the establishing
of a new Government, must needs be contrary to that which conduced
to the dissolution of the old,) there cannot choose but be very many.

In that part which treateth of a Christian Common-wealth, there are
some new Doctrines, which, it may be, in a State where the contrary
were already fully determined, were a fault for a Subject without
leave to divulge, as being an usurpation of the place of a Teacher.
But in this time, that men call not onely for Peace, but also for Truth,
to offer such Doctrines as I think True, and that manifestly tend
to Peace and Loyalty, to the consideration of those that are yet
in deliberation, is no more, but to offer New Wine, to bee put
into New Cask, that bothe may be preserved together. And I suppose,
that then, when Novelty can breed no trouble, nor disorder in a State,
men are not generally so much inclined to the reverence of Antiquity,
as to preferre Ancient Errors, before New and well proved Truth.

There is nothing I distrust more than my Elocution; which neverthelesse
I am confident (excepting the Mischances of the Presse) is not obscure.
That I have neglected the Ornament of quoting ancient Poets, Orators, and
Philosophers, contrary to the custome of late time, (whether I have done
well or ill in it,) proceedeth from my judgment, grounded on many reasons.
For first, all Truth of Doctrine dependeth either upon Reason, or
upon Scripture; both which give credit to many, but never receive it
from any Writer. Secondly, the matters in question are not of Fact,
but of Right, wherein there is no place for Witnesses. There is scarce
any of those old Writers, that contradicteth not sometimes both himself,
and others; which makes their Testimonies insufficient. Fourthly, such
Opinions as are taken onely upon Credit of Antiquity, are not
intrinsically the Judgment of those that cite them, but Words that passe
(like gaping) from mouth to mouth. Fiftly, it is many times with a
fraudulent Designe that men stick their corrupt Doctrine with the Cloves
of other mens Wit. Sixtly, I find not that the Ancients they cite,
took it for an Ornament, to doe the like with those that wrote before them.
Seventhly, it is an argument of Indigestion, when Greek and Latine
Sentences unchewed come up again, as they use to doe, unchanged.
Lastly, though I reverence those men of Ancient time, that either
have written Truth perspicuously, or set us in a better way to find it out
our selves; yet to the Antiquity it self I think nothing due:
For if we will reverence the Age, the Present is the Oldest.
If the Antiquity of the Writer, I am not sure, that generally they
to whom such honor is given, were more Ancient when they wrote,
than I am that am Writing: But if it bee well considered, the praise
of Ancient Authors, proceeds not from the reverence of the Dead,
but from the competition, and mutuall envy of the Living.

To conclude, there is nothing in this whole Discourse, nor in that
I writ before of the same Subject in Latine, as far as I can perceive,
contrary either to the Word of God, or to good Manners; or to the
disturbance of the Publique Tranquillity. Therefore I think it may be
profitably printed, and more profitably taught in the Universities,
in case they also think so, to whom the judgment of the same belongeth.
For seeing the Universities are the Fountains of Civill, and Morall
Doctrine, from whence the Preachers, and the Gentry, drawing such water
as they find, use to sprinkle the same (both from the Pulpit,
and in their Conversation) upon the People, there ought certainly
to be great care taken, to have it pure, both from the Venime
of Heathen Politicians, and from the Incantation of Deceiving Spirits.
And by that means the most men, knowing their Duties, will be the less
subject to serve the Ambition of a few discontented persons,
in their purposes against the State; and be the lesse grieved
with the Contributions necessary for their Peace, and Defence;
and the Governours themselves have the lesse cause, to maintain at
the Common charge any greater Army, than is necessary to make good
the Publique Liberty, against the Invasions and Encroachments of
forraign Enemies.

And thus I have brought to an end my Discourse of Civill and
Ecclesiasticall Government, occasioned by the disorders of
the present time, without partiality, without application,
and without other designe, than to set before mens eyes the mutuall
Relation between Protection and Obedience; of which the condition
of Humane Nature, and the Laws Divine, (both Naturall and Positive)
require an inviolable observation. And though in the revolution
of States, there can be no very good Constellation for Truths
of this nature to be born under, (as having an angry aspect
from the dissolvers of an old Government, and seeing but the backs
of them that erect a new;) yet I cannot think it will be condemned
at this time, either by the Publique Judge of Doctrine, or by any that
desires the continuance of Publique Peace. And in this hope I return
to my interrupted Speculation of Bodies Naturall; wherein,
(if God give me health to finish it,) I hope the Novelty will
as much please, as in the Doctrine of this Artificiall Body
it useth to offend. For such Truth, as opposeth no man profit,
nor pleasure, is to all men welcome.

FINIS