Imagens das páginas

it hath with those things, either on which it dependeth, or The fourth, of general exceptions taken against the Laws which depend on it.

of our Polity, as being Popish and banished out of certain

Reformed Churches. The preface is followed by this summary :

The fifth, of our laws that concern the Public Religious Duties of the Church, and the manner of bestowing that power

of order, which enableth men in sundry degrees and callings WHAT THINGS ARE HANDLED IN THE BOOKS

to execute the same. FOLLOWING.

The sixth, of the power of Jurisdiction, which the reformed The first book, concerning Laws in general.

platform claimeth unto lay-elders, with others. The second, of the use of Divine Law contained in Scrip. The seventh, of the power of Jurisdiction, and the honour ture, whether that be the only law which ought to serve which is annexed thereunto in Bishops. for our direction in all things without exception.

The eighth, of the power of ecclesiastical dominion or The third, of Laws concerning Ecclesiastical Polity; | Supreme Authority, which with us the highest governor or whether the form thereof be in Scripture so set down that Prince hath, as well in regard of domestical jurisdictions as of no addition or change is lawful.

| that other foreignly claimed by the Bishop of Rome.

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Richard Hooker opens the first book of his | accord with them. God's eternal purpose, which He “ Ecclesiastical Polity” with observations on the dis- keeps, is the first law eternal. The second eternal advantage in argument at which they are placed who | law is that which man makes for himself in true maintain the conservative point of view, and on the accord with Reason and Revelation, fact that he may seem for a time tedious and obscure Eternal Law is of three kinds, according to the to many who find difficulty upon unfamiliar ground, kinds of things that are subject to it : (a) natural since he intends to reason from first causes, holding law, which orders natural agents; (b) heavenly, that way to be best for the ascertainment of truth. observed by the angels; (c) human, “that which, Conclusions so arrived at will be surer, and when out of the law either of reason or of God, men reached will also help us to understand the first prin probably gathering to be expedient, they make it a ciples more clearly. Do we who maintain Church Law uphold only a vain tradition ? Let us seek the truth God's will is fixed in the Law of Nature on which as to this matter. What are Laws? The just means human life depends. But Hooker's philosophy here to an end, subject to their author, God, who is the falters a little, for he sees an occasional swerving First Cause of Order and of Law. He uses in all which he ascribes to the defect of matter cursed for things means towards ends, for the accomplishment the sin of man, and he does not point out that some of which He limits the use of His infinite power. operations may appear only to be irregular till we God's purposes are not always known to us, “how completely understand the laws that govern them. beit undoubtedly a proper and certain reason there is “But howsoever,” Hooker says, “these swervings of every finite work of God, inasmuch as there is a are now and then incident to the course of nature, law imposed upon it; which if there were not, it nevertheless so constantly the laws of nature are by should be infinite, even as the Worker Himself is." natural agents observed, that no man denieth but God hath made to Himself a law eternal, whereby those things which nature worketh are wrought, He worketh all things of which He is the cause and either always or for the most part, after one and author. “That little thereof which we darkly appre the same manner.” What causes this uniform hend, we admire; the rest with religious ignorance obedience to law? The works of Nature are the we humbly and meekly adore.”

will of God. “Those things which Nature is said God's law is eternal and immutable; a part of it to do, are by divine art performed, using Nature as His promises declare, and all else must be in an instrument; nor is there any such art or know

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ledge divine in Nature herself working, but in the that which satisfies the Senses. Affections rise guide of Nature's work." His guidance accords with involuntarily at the sight of some things; the Wil! that determining of means to ends which “is rightly has power to stay their action. “ Appetite is the termed by the name of Providence. The same being Will's solicitor, and the Will is Appetite's controller. referred unto the things themselves here disposed by | Reason enough to give Will power over Appetitt it, was wont by the ancient to be called Natural makes action upon Appetite also voluntary; and Destiny." Each force of nature is subject to its own this even when, half unobserved, the Appetite assert law, and bound also to serve the common good of by not dissenting or using power to prevent. all.

Children and men without reason are guided by To Heavenly Law the angels pay perfect obedience. the reason of othe.'s. Reason seeks only such good With intellectual desire to resemble God in goodness as it judges to be possible. Good may be attainable and do good to His creatures, especially to Men, in by ways avoided for unpleasantness, and Evil (peter whom they see themselves beneath themselves, the desired for itself) may be sought for some appearance Angels love, adore, and imitate. Individually they of goodness in the ways to it. Goodness moves only praise God; they work together in God's army; as when apparent; while hidden it is neglected. Sezfellow-servants with men they are God's ministers of sible good is always obvious, and is sought till higher grace. When Angels fell through pride it was by reason comes to show the higher object of desire. In reflex of their understanding on themselves, and they all sin a lesser good is preferred to the greater which became dispersed labourers against the law of God. reason can make known. The root of this, says They have been honoured as themselves gods before Hooker, is the Curse, weakening the instrument, the light came into the world.

soul within the flesh. Man seeking the utmost good The argument next proceeds to its especial topic, fails in discernment of it. Human Law.

We discern by knowledge of causes and by obExcept in God, there is in all things higher possi servation of signs. The latter way, though less bility that breeds desire towards perfection, which is sure, is easier and fitter for the weakness of the age Goodness, looking to the highest, namely, to that A sign of evident goodness is general acceptano. which is nearest God. Everything helps in some The general and perpetual voice of men is as the way, and is therefore good. Man especially aspires. sentence of God Himself. For that which all mea God is eternal: and man, therefore, seeks continued have at all times learned, Nature herself must nevis life, a long personal life and continuance by offspring. have taught; and God being the author of Nature. God is immutable : and man, therefore, seeks fixity of her voice is but His instrument. By her from Hinn purpose. God is exact : and man, therefore, seeks we receive whatsoever in such sort we learn. Much precision in details. These desires are so bound to truth is thus open to the common light of reason. us that we hardly observe them. But external per As Hooker's argument advances from stage to fections of truth and virtue (desired as they become stage he inserts little summaries of it at successive known) are sought more noticeably, and still after resting-places, and we come now to the first of the the pattern of God.

summaries, which is this :Angels have all knowledge of which they are capable: Men grow towards it. Of natural agents, A Law therefore generally taken, is a directive rule tutti living animals may excel men in the lower things of goodness of operation. The rule of divine operations (tsense, as stones excel animals in firmness and dura ward, is the definitive appointment of God's own wisdon si bility; but the soul of Man as he grows in reason down within Himself. The rule of natural agents that with reaches beyond sensible things. With the right by simple necessity, is the determination of the wisdom i helps of art and study, men as they might be would God, known to God Himself the principal director of th 1. excel men as they are, not less than men as they are

but not unto them that are directed to execute the sun excel the simpleton. The very first man who took The rule of natural agents which work after a sort of thi the right way--Aristotle-excelled all before and

own accord, as the beasts do, is the judgment of comenafter him. To the praise of the method of Aristotle

sense or fancy concerning the sensible goodness of the Hooker adds his dispraise of the method of Ramus.

objects wherewith they are moved. The rule of gheetla Education and instruction make us capable of Law.

immaterial natures, as spirits and angels, is their irtis" By reason we attain to knowledge beyond that of the

intellectual judgment concerning the amiable beauty and tisk senses. We act sometimes for the goodness we find

goodness of that object which with unspeakable jos u in the mere stir and change; and sometimes only for

delight doth set them on work. The rule of voluntary 479 the end to be attained.

on earth is the sentence that Reason giveth concerning th In either case we act freely. We choose that which seems good in our eyes.

goodness of those things which they are to do. And be

sentences which Reason giveth are some more, som in knowledge and will determine choice. Will

general, before it come to define in particular actions batu seeks the good to which Reason points; Appetite


i Ramus. Pierre La Ramée, born in 1515, son of a poor labourer, had from childhood an intense desire for knowledge. By working in the day and studying at night, he enabled himself to graduate at the age of twenty-oue, and with an ardent tendency to place reason above mere authority, in graduating maintained as his thesis that "all Aristotle said was false. After a brilliant intellectual career, he perished in the massacre of St. Bartholomew.

We pass then to the next stage of Richard Hooker's argument upon the nature of Law. The main pail ciples of reason are, he says, in themselves apparent The greater good should be chosen before the best but choice errs where the lesser good is set u, ti greater unseen. We seek knowledge for the per

servation of life, and beyond that also, tirstly for its | sive, declaring only what may be done; or thirdly, own sake, for the delight in contemplation itself, and admonitory, opening what is most convenient for us secondly for its use in providing rules of action. to do. For there are degrees of goodness in action,

We know all things either as they are in them- and a Law is properly that of which Reason says selves, or as they are in mutual relation to one that it must be done ; and the Law of Reason is that another. The knowledge of what man is in reference which men have found out for themselves that they to himself, and of other things in relation to man, is | are all and always bound to in their actions. at the source of all natural laws which govern human Laws of Reason have these marks : (1) They who actions. The best things produce the best opera keep them act as nature works, in a fit harmony tions, and considering that all parts of man concur in without superfluity and defect. (2) They are inproducing human actions, it cannot be well if the vestigable by Reason without the aid of Revelation. diviner part, the soul, do not direct the baser. “This (3) They are so investigable that the knowledge of is therefore the first Law, whereby the highest power them is general; the world has always been acof the mind requireth general obedience at the hands quainted with them. Each particular man may not of all the rest concurring with it unto action.”

know them, but he can with natural perfection of So we may seek for the several grand mandates wit and ripeness of judgment find them out, and of of the understanding part of man which control his the general principles of them it is not easy to find Will; whether they import his duty to God or to his men ignorant. “Law Rational, therefore, which fellow-man.

men commonly use to call the law of nature, meaning Even the natural man seems to know that there is thereby the law which human nature knoweth itself a God on whom all things depend; who is therefore | in reason universally bound unto, which also for that to be honoured, of whom we ask what we desire, cause may most fitly be termed the Law of Reason ; as children of their father, and of whom we learn this Law," says Hooker, “comprehendeth all those ** what is in effect the same that we read, Thou things which men by the light of their natural undershalt love the Lord thy God with all thy heart, standing evidently know, or at leastwise may know, with all thy soul, and with all thy mind;' which to be beseeming or unbeseeming, virtuous or vicious, Law our Saviour doth term the First and the Great good or evil for them to do." All misdeed may be Commandment.”

said to be against the Law of Reason, but we mean

by it here only the law governing duties which all Touching the next, which as our Saviour addeth is like

men by force of natural wit might do, or might into this (he meaneth in amplitude and largeness, inasmuch

understand to be such duties as concern all men, 1it is the root out of which all laws of Duty to Menward have

“Do as thou wouldest be done unto," says Saint gTown, as out of the former all offices of Religion towards

Augustine, “is a sentence which all nations under God, the like natural inducement hath brought men to know

heaven are agreed upon. Refer this sentence to the that it is their duty no less to love others than themselves. love of God, and it extinguisheth all heinous crimes ; For seeing those things which are equal must needs all have

refer it to the love of thy Neighbour, and all grievous one measure; if I cannot but wish to receive all good, even wrongs it banisheth out of the world.” Saint Auas much at every man's hand as any man can wish unto his gustine held, therefore, that by the Law of Reason own soul, how should I look to have any part of my desire certain principles were universally agreed upon, and

certain principles were universally agr berein satisfied, unless myself be careful to satisfy the like that out of them the greatest moral duties we owe derire which is undoubtedly in other men, we all being of towards God or man may without any great difficulty one and the same nature ? To have any thing offered them be concluded. ppugnant to this desire must needs in all respects grieve Why, then, can there be such failure in the knowtks m as much as me : so that if I do harm I must look to ledge of even principal moral duties, that breach of suties: there being no reason that others should show greater | them is not considered sin ? In part this may come m'amuse of love to me than they have by me shewed unto of evil custom spreading from the ignorance and them. My desire therefore to be loved of my equals in wickedness of a few, but partly it comes through nature as much as possible may be, imposeth upon me a natural want of the grace of God. “For whatsoever we dnty of bearing to them-ward fully the like affection. From

have hitherto taught, or shall hereafter, concerning which rı-lation of equality between ourselves and them that

the force of man's natural understanding, this we an as ourselves, what several rules and canons natural reason

always desire withal to be understood : that there is hach drawn for direction of life no man is ignorant; as

no kind of faculty or power in man or any other Damily, That because we would take no harm, we must therefore

creature, which can rightly perform the functions de none; That sith we would not be in any thing extremely dealt

allotted to it, without perpetual aid and concurrence youth, ve snust ourselves aroid all extremity in our dealings; That from all riolence and wrong we are utterly to abstain ;

of that supreme cause of all things." with such like.

Great good comes to man from observance of the Law of Reason : "for we see the whole world and

each part thereof so compacted, that as long as each Upon these two principles of Duty to God and thing performeth only that work which is natural Man, found out by the understanding faculty of the unto it, it thereby preserveth both other things and mind, all Law depends; and the natural measure also itself. Thus righteousness, which is the willing whereby to judge our doings is therefore “the sen- observance of this law, has a Reward attached to it, tance of Reason determining and setting down what and sin, which is the wilful transgression of it, a is good to be done." Which sentence is either man Punishment. Rewards and punishments always datory, showing what must be done; or else permis- ' presuppose something willingly done, 1." or ill. “ Take away the will," says the Code of Justinian. I cipal actions of their life afterward are noted by the exercise “and all things are equal : That which we do not, of their religion. True it is, that the kingdom of God must and would do, is commonly accepted as done.” Re be the first thing in our purposes and desires. But ina much wards and punishments are only received at the

| as righteous life presupposeth life; inasmuch as to live vir. hands of those who are above us, and have power to

tuously it is impossible except we live; therefore the first examine and judge our deeds. The inward and

impediment, which naturally we endeavour to remove, is secret good or evil, which God only knows, God only

penury and want of things without which we cannot live. rewards or punishes, “ for which cause, the Roman

Unto life many implements are necessary; more, if we sek laws, called the Laws of the Twelve Tables, requiring

(as all men naturally do) such a life as hath in it joy, offices of inward affection which the eye of man can

comfort, delight, and pleasure. To this end we see how

quickly sundry arts mechanical were found out, in the very not reach unto, threaten the neglectors of them with

prime of the world. As things of greatest necessity art none but divine punishment.” In external actions

always first provided for, so things of greatest dignity are men have authority over one another. How do they

most accounted of by all such as judge rightly. Although, acquire it? Here follows that view of the social

therefore, riches be a thing which every man wisheth, yet ne compact which especially caused John Locke to quote

man of judgment can esteem it better to be rich, than wise, Hooker, and attach to his name again and again the

virtuous, and religious. If we be both or either of these, it 3 adjective “judicious :"

not because we are so born. For into the world we come a

empty of the one as of the other, as naked in mind as we are The laws which have been hitherto mentioned do bind men

in body. Both which necessities of man had at the firi na absolutely even as they are men, although they have never other helps and supplies than only domestical; such is that any settled fellowship, never any solemn agreement amongst which the Prophet implieth, saying, “ Can a mother format themselves what to do or not to do. But forasmuch as we her child ?” such as that which the Apostle mentioneth, are not by ourselves sufficient to furnish ourselves with com

saying, “He that careth not for his own is worse than an petent store of things needful for such a life as our nature Infidel;" such as that concerning Abraham, “ Abrahan wz] doth desire, a life fit for the dignity of man; therefore to command his sons and his household after him, that they supply those defects and imperfections which are in us living keep the way of the Lord.” single and solely by ourselves, we are naturally induced to But neither that which we learn of ourselves nor that seek communion and fellowship with others. This was the which others teach us can prevail, where wickedness and cause of men's uniting themselves at the first in politic malice have taken deep root. If, therefore, when there was societies; which societies could not be without government, but as yet one only family in the world, no means of instrutnor government without a distinct kind of law from that tion human or divine could prevent effusion of blood; how which hath been already declared. Two foundations there could it be chosen but that when families were multipbed are which bear up public societies: the one, a natural in. and increased upon earth, after separation each providing clination, whereby all men desire sociable life and fellowship; for itself, envy, strife, contention, and violence must gt the other, an order expressly or secretly agreed upon touching amongst them ? For hath not nature furnished man with the manner of their union in living together. The latter is wit and valour, as it were with armour, which may be used that which we call the Law of a Commonweal, the very soul as well unto extreme evil as good ? Yea, were they not usd of a politic body, the parts whereof are by law animated, held by the rest of the world unto evil; unto the contrary oals together, and set on work in such actions as the common by Seth, Enoch, and those few the rest in that line? We al good requireth. Laws politic, ordained for external order make complaint of the iniquity of our times : not unjutly and regiment amongst men, are never framed as they should for the days are evil. But compare them with those tin:: be, unless presuming the will of man to be inwardly obsti wherein there were no civil societies, with those times wherin nate, rebellious, and averse from all obedience unto the there was as yet no manner of public regiment established sacred laws of his nature; in a word, unless presuming man with those times wherein there were not above eight p TRILA to be in regard of his depraved mind little better than a righteous living upon the face of the earth; and we have wild beast, they do accordingly provide notwithstanding so surely good cause to think that God hath blessed us exceedto frame his outward actions, that they be no hindrance unto ingly, and hath made us behold most happy days. the common good for which societies are instituted : unless To take away all such mutual grievances, injuries, and they do this, they are not perfect. It resteth, therefore, that wrongs, there was no way but only by growing unto con we consider how nature findeth out such laws of government sition and agreement amongst themselves by ordaining sub as serve to direct even nature depraved to a right end. kind of government public, and by yielding themselves stb

All men desire to lead in this world a happy life. That | ject thereunto; that unto whom they granted authoritt i life is led most happily, wherein all virtue is exercised with. rule and govern, by them the peace, tranquillity, and laro out impediment or let. The Apostle, in exhorting men to estate of the rest might be procured. Men always knew contentment although they have in this world no more than when force and injury was offered they might be defender very bare food and raiment, giveth us thereby to understand themselves. They knew that howsoever men mar sekt"I that those are even the lowest of things necessary; that if own commodity, yet if this were done with injury unto oth. we should be stripped of all those things without which we it was not to be suffered, but by all men and by all and might possibly be, yet these must be left; that destitution in means to be withstood. Finally they knew that no man nie these is such an impediment, as till it be removed suffereth not in reason take upon him to determine his own righ, a the mind of man to admit any other care. For this cause, according to his own determination proceed in mainte LOL first God assigned Adam maintenance of life, and then ap thereof, inasmuch as every man is towards himself and tbm pointed him a law to observe. For this cause, after men | whom he greatly affecteth partial; and therefore that sente began to grow to a number, the first thing we read they gave and troubles would be endless, except they gave their + themselves unto was the tilling of the earth and the feeding mon consent all to be ordered by some whom they sa of cattle. Having by this mean whoreon to live, the prin- agree upon: without which consent there was no reach thai coe in storld take upon him to be lord or judge over there is difficulty and possibility many ways to err, unless 4 1. Because, although there be according to the opinion such things were set down by laws, many would be ignorint c e TETT gua: andi judicious men a kind of natural right of their duties which now are not, and many that know what Digte, wis, and virtuous, to govern them which are of they should do would nevertheless dissemble it, and to excuse servie position, nevertheless for manifestation of this themselves pretend ignorance and simplicity, which now they ti-ir rizti, and then's more peaceable contentment on both cannot. sis, the cent of then who are to be governed seemeth And because the greatest part of men are such as

prefer their own private good before all things, even that Tu Estbers within their private families nature hath giren good which is sensual before whatsoever is most divine; and S m e power; for which cause we see throughout the for that the labour of doing good, together with the pleasure E i, eren from the foundation thereof, all men have ever arising from the contrary, doth make men for the most part **+1 tasin as lords and lawful kings in their own houses. slower to the one and proner to the other, than that duty Hortet over a whole grand multitude having no such de prescribed them by law can prevail sufficiently with them: p eny upon any one, and consisting of so many families therefore unto laws that men do make for the benefit of men

Tery postie society in the world doth, impossible it is that it hath seemed always needful to add rewards, which may azy should have complete lawful power, but by consent of more allure unto good than any hardness deterreth from it, n-n, or inmediate appointment of God: because not having and punishments, which may more deter from evil than any the natural superiority of fathers, their power must needs be sweetness thereto allureth. Wherein as the generality is either usurped, and then unlawful; or, if lawful, then either natural, Virtue retardable and rice punishable ; so the pargTunted or crinsented unto by them over whom they exercise ticular determination of the reward or punishment belongeth the same, or else giren extraordinarily from God, unto whom unto them by whom laws are made. Theft is naturally all the word is subject. It is no improbable opinion, there punishable, but the kind of punishment is positive, and such ture, which the Arch-philosopher was of, that as the chiefest | lawful as men shall think with discretion convenient by law pron in every household was always as it were a king, so to appoint. wbun numbers of households joined themselves in civil society In laws, that which is natural bindeth universally, that toz ther, kings were the first kind of governors amongst which is positive not so. To let go those kind of positive then. Which is also (as it seemeth) the reason why the laws which men impose upon themselves, as by vow unto Laink of Father continued still in them, who of fathers were God, contract with men, or such like ; somewhat it will make In de rulers, as also the ancient custom of governors to do as unto our purpose, a little more fully to consider what things

hisedec, and being kings to exercise the office of priests, are incident into the making of the positive laws for the which fathers did at the first, grew perhaps by the same government of them that live united in public society. Laws coin.

do not only teach what is good, but they enjoin it, they have Hiswbeit not this the only kind of regiment that hath been in them a certain constraining force. And to constrain men raeived in the world. The inconveniences of one kind have unto any thing inconvenient doth seem unreasonable. Most caud sundry other to be devised. So that in a word all requisite, therefore, it is that to devise laws which all men public regiment of what kind soever seemeth evidently to shall be forced to obey none but wise men be admitted. hare risen from deliberate advice, consultation, and compo Laws are matters of principal consequence; men of common sition between men, judging it convenient and behoveful ;

capacity and but ordinary judgment are not able (for how there bring no impossibility in nature considered by itself, should they :) to discern what things are fittest for each kind but that men might have lived without any public regiment.

and state of regiment. We cannot be ignorant how much Hwbeit, the corruption of our nature being presupposed, we our obedience unto laws dependeth upon this point. Let may not deny but that the law of nature doth now require of a man though never so justly oppose himself unto them Deresity some kind of regiment; so that to bring things that are disordered in their ways, and what one amongst it to the first course they were in, and utterly to take away them commonly doth not stomach at such contradiction, all kind of public government in the world, were apparently storm at reproof, and hate such as would reform them: to overturn the whole world.

Notwithstanding even they which brook it worst that men The case of man's nature standing therefore as it doth, should tell them of their duties, when they are told the same some kind of regiment the law of nature doth require; yet by a law, think very well and reasonably of it. For why? the kinds thereof being many, nature tieth not to any one,

They presume that the law doth speak with all indifferency; but \*v*th the choice as a thing arbitrary. At the first when that the law hath no side-respect to their persons; that the

* {urtain kind of regiment was once approved, it may be law is as it were an oracle proceeded from wisdom and underthat nothing was then further thought upon for the matter of standing. pripetning, but all permitted unto their wisdom and discretion Howbeit laws do not take their constraining force from which were to rule; till by experience they found this for all the quality of such that devise them, but from that power parts very inconvenient, so as the thing which they had de which doth give them the strength of laws. That which we re for a remedy did indeed but increase the sore which it spake before concerning the power of government must here atid hare cured. They saw that to live by one man's will be applied unto the power of making laws whereby to govern; became the cause of all men's misery. This constrained them which power God hath over all : and by the natural law, to come unto lawn, wherein all men might see their duties whereunto He hath made all subject, the lawful power of birhind, and know the penalties of transgressing them. making laws to command whole politic societies of men bare Ii think he simply good or evil, and withal universally so longeth so properly unto the same entire societies, that for w kw ad, there needs no new law to be made for such any prince or potentate of what kind sorrer upon earth to things. The first kind therefore of things appointed by laws exercise the same of himself, and not either by espress com. han in contain th whatsoever, being in itself naturally good mission immediately and personally received from God, or ne pril, is potwithstanding more secret than that it can be else by authority derived at the first from their consent limynai br every man's present conceit, without some upon whose persons they impose laws, it is no better than detter discourse and judgment. In which discourse because

mere tyranny

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