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And therefore when the Soveraign of a Common-wealth appointeth a Salary to any publique Office, he that receiveth it, is bound in Justice to performe his office; otherwise, he is bound onely in honour, to acknowledgement, and an endeavour of requitall.
The Children of Israel, were a Common-wealth in the Wildernesse; but wanted the commodities of the Earth, till they were masters of the Land of Promise; which afterward was divided amongst them, not by their own discretion, but by the discretion of Eleazar the Priest, and Joshua their Generall: who when there were twelve Tribes, making them thirteen by subdivision of the Tribe of Joseph; made neverthelesse but twelve portions of the Land; and ordained for the Tribe of Levi no land; but assigned them the Tenth part of the whole fruits; which division was therefore Arbitrary.
There wants onely, for the entire knowledge of Civill duty, to know what are those Lawes of God. For without that, a man knows not, when he is commanded any thing by the Civill Power, whether it be contrary to the Law of God, or not: and so, either by too much civill obedience, offends the Divine Majesty, or through feare of offending God, transgresses the commandements of the Common-wealth.
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
There is no doubt but any King, in case he were skilfull in the Sciences, might by the same Right of his Office, read Lectures of them himself, by which he authorizeth others to read them in the Universities. Neverthelesse, because the care of the summe of the businesse of the Common-wealth taketh up his whole time, it were not convenient for him to apply himself in Person to that particular.
Canonizing Of Saints The Canonizing of Saints, is another Relique of Gentilisme: It is neither a misunderstanding of Scripture, nor a new invention of the Roman Church, but a custome as ancient as the Common-wealth of Rome it self.
And on this Roll Coke among other things infers, that the Physicians may use the aid of those Chirurgeons named in the Warrant, but of no Apothecary, but to prepare and do all things themselves, &c. And the reason of all this is, the precious regard had of the health and safety of the King, who is the head of the Common-wealth.
In the same manner, the people of Athens, when they banished the most potent of their Common-wealth for ten years, thought they committed no Injustice; and yet they never questioned what crime he had done; but what hurt he would doe: Nay they commanded the banishment of they knew not whom; and every Citizen bringing his Oystershell into the market place, written with the name of him he desired should be banished, without actuall accusing him, sometimes banished an Aristides, for his reputation of Justice; And sometimes a scurrilous Jester, as Hyperbolus, to make a Jest of it.
For a Private man, without the Authority of the Common-wealth, that is to say, without permission from the Representant thereof, to Interpret the Law by his own Spirit, is another Error in the Politiques; but not drawn from Aristotle, nor from any other of the Heathen Philosophers.
If the Soveraign of one Common-wealth, subdue a people that have lived under other written Lawes, and afterwards govern them by the same Lawes, by which they were governed before; yet those Lawes are the Civill Lawes of the Victor, and not of the Vanquished Common-wealth, For the Legislator is he, not by whose authority the Lawes were first made, but by whose authority they now continue to be Lawes.
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