In the 29th 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 35th 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 36th 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,
