The Elements of Law Natural and Politic [76]
But if the same be construed (with pardon of that unskilful expression) according to the intention of him that claimeth, then doth he thereby claim no more but this, that the sovereign should take notice of his ability and deserving, and put him into employment and place of subordinate government, rather than others that deserve less. And as one claimeth, so doth another, every man esteeming his own desert greatest. Amongst all those that pretend to, or are ambitious of such honour, a few only can be served, unless it be in a democracy; the rest therefore must be discontent. And so much of the first thing that disposeth to rebellion, namely, discontent, consisting in fear and ambition. 4. The second thing that disposeth to rebellion, is pretence of right. And that is when men have an opinion, or pretend to have an opinion: that in certain cases they may lawfully resist him or them that have the sovereign power, or deprive him or them of the means to execute the same. Of which pretences there be six special cases. One is, when the command is against their conscience, and they believe it is unlawful for a subject at the command of the sovereign power to do any action, which he thinketh in his own conscience not lawful for him to do, or to omit any action, which he thinketh not lawful for him to omit. Another is, when the command is against the laws, and they think the sovereign power in such sort obliged to his own laws, as the subject is; and that when he performeth not his duty, they may resist his power. A third is, when they receive commands from some man or men, and a supersedeas to the same from others, and think the authority is equal, as if the sovereign power were divided. A fourth is, when they are commanded to contribute their persons or money to the public service, and think they have a propriety in the same distinct from the dominion of the sovereign power; and that therefore they are not bound to contribute their goods and persons, no more than every man shall of himself think fit. A fifth, when the commands seem hurtful to the people; and they think, every one of them, that the opinion and sense of the people is the same with the opinion of himself, and those that consent with him; calling by the name of people, any multitude of his own faction. The sixth is, when the commands are grievous; and they account him that commandeth grievous things, a tyrant; and tyrannicide, that is, the killing of a tyrant, not only lawful, but also laudable. 5. All these opinions are maintained in the books of the dogmatics, and divers of them taught in public chairs, and nevertheless are most incompatible with peace and government, and contradictory to the necessary and demonstrable rules of the same. And for the first, namely, that a man may lawfully do or omit any thing against his conscience, and from whence arise all seditions concerning religion and ecclesiastical government, it hath been plainly declared in the two last chapters, that such opinion is erroneous. For those two chapters have been wholly spent, to prove, that Christian religion not only forbiddeth not, but also commandeth, that in every commonwealth, every subject should in all things to the uttermost of his power obey the commands of him or them that is the sovereign thereof; and that a man in so obeying, doth according to his conscience and judgment, as having deposited his judgment in all controversies in the hands of the sovereign power; and that this error proceedeth from the ignorance of what and by whom God Almighty speaketh. 6. As for the second opinion which is: that the sovereign is in such sort obliged to his own laws, as the subject is; the contrary thereof hath been showed, Part II. chap. XX sections 7-12, by which it appeareth that the sovereign power is not to be resisted; that it carrieth the sword both of war and justice; that it hath the right of deciding all controversies, both judicial and deliberative; that it hath the making of all the laws civil; that it appointeth magistrates and public ministers, and that it implieth a universal