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PART 11. case the commonwealth from which they went, was

called their metropolis or mother, and requires no more of them, than fathers require of the children, whom they emancipate and make free from their domestic government, which is honour, and friendship; or else they remain united to their metropolis, as were the colonies of the people of Rome; and then they are no commonwealths themselves, but provinces, and parts of the commonwealth that sent them. So that the right of colonies, saving honour and league witht heir metropolis, dependeth wholly on their licence or letters, by which their sovereign authorized them to plant.

CHAPTER XXV.

OF COUNSEL.

Counsel what. How fallacious it is to judge of the nature of things

by the ordinary and inconstant use of words, appeareth in nothing more, than in the confusion of counsels, and commands, arising from the imperative manner of speaking in them both, and in many other occasions besides. For the words do this, are the words not only of him that commandeth ; but also of him that giveth counsel ; and of him that exhorteth; and yet there are but few, that see not that these are very different things, or that cannot distinguish between them, when they perceive who it is that speaketh, and to whom the speech is directed, and upon what occasion. But finding those phrases in men's writings, and being not able, or not willing to enter into a conside

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between com

ration of the circumstances, they mistake some- PART 11. times the precepts of counsellors, for the precepts of them that command; and sometimes the contrary ; according as it best agreeth with the conclusions they would infer, or the actions they approve. To avoid which mistakes, and render to those terms of commanding, counselling and exhorting, their proper and distinct significations, I define them thus.

COMMAND is, where a man saith, do this, or do Differences not this, without expecting other reason than the mand and will of him that says it. From this it followeth counsel. manifestly, that he that commandeth, pretendeth thereby his own benefit : for the reason of his command is his own will only, and the proper object of every man's will, is some good to himself.

COUNSEL, is where a man saith, do, or do not this, and deduceth his reasons from the benefit that arriveth by it to him to whom he saith it. And from this it is evident, that he that giveth counsel, pretendeth only, whatsoever he intendeth, the good of him, to whom he giveth it.

Therefore between counsel and command, one great difference is, that command is directed to a man's own benefit; and counsel to the benefit of another man. And from this ariseth another difference, that a man may be obliged to do what he is commanded; as when he hath covenanted to obey : but he cannot be obliged to do as he is counselled, because the hurt of not following it, is his own; or if he should covenant to follow it, then is the counsel turned into the nature of a command. A third difference between them is, that no man can pretend a right to be of another man's

VOL. IIJ.

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Differences between com

hand and counsel.

PART 11. counsel; because he is not to pretend benefit by it

to himself: but to demand right to counsel another, argues a will to know his designs, or to gain some other good to himself: which, as I said before, is of every man's will the proper object.

This also is incident to the nature of counsel; that whatsoever it be, he that asketh it, cannot in equity accuse, or punish it: for to ask counsel of another, is to permit him to give such counsel as he shall think best ; and consequently, he that giveth counsel to his sovereign, whether a monarch, or an assembly, when he asketh it, cannot in equity be punished for it, whether the same be conformable to the opinion of the most, or not, so it be to the proposition in debate. For if the sense of the assembly can be taken notice of, before the debate be ended, they should neither ask, nor take any further counsel; for the sense of the assembly, is the resolution of the debate, and end of all deliberation. And generally he that demandeth counsel, is author of it; and therefore cannot punish it; and what the sovereign cannot, no man else

But if one subject giveth counsel to another, to do anything contrary to the laws, whether that counsel proceed from evil intention, or from ignorance only, it is punishable by the commonwealth ; because ignorance of the law is no good excuse, where every man is bound to take notice of the

laws to which he is subject. Exhortation EXHORTATION and DEHORTATION is counsel, ac

companied with signs in him that giveth it, of vehement desire to have it followed : or to say it more briefly, counsel vehemently pressed. For he that exhorteth, doth not deduce the consequences of what

can.

and dehortation what.

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and dehorta

he adviseth to be done, and tie himself therein to the PART 11. rigour of true reasoning ; but encourages him he counselleth to action : as he that dehorteth, deter- Exhortation reth him from it. And, therefore, they have in tion, what. their speeches, a regard to the common passions and opinions of men, in deducing their reasons ; and make use of similitudes, metaphors, examples, and other tools of oratory, to persuade their hearers of the utility, honour, or justice of following their advice.

From whence may be inferred, first, that exhortation and dehortation is directed to the good of him that giveth the counsel, not of him that asketh it, which is contrary to the duty of a counsellor ; who, by the definition of counsel, ought to regard not his own benefit, but his whom he adviseth. And that he directeth his counsel to his own benefit, is manifest enough, by the long and vehement urging, or by the artificial giving thereof; which being not required of him, and consequently proceeding from his own occasions, is directed principally to his own benefit, and but accidentally to the good of him that is counselled, or not at all.

Secondly, that the use of exhortation and dehortation lieth only where a man is to speak to a multitude; because when the speech is addressed to one, he may interrupt him, and examine his reasons more rigorously than can be done in a multitude ; which are too many to enter into dispute, and dialogue with him that speaketh indifferently to them all at once.

Thirdly, that they that exhort and dehort, where they are required to give counsel, are corrupt counsellors, and as it were bribed by their own interest.

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Exhortation and dehortation what.

PART II. For though the counsel they give be never so good;

yet he that gives it, is no more a good counsellor, than he that giveth a just sentence for a reward, is a just judge. But where a man may lawfully command, as a father in his family, or a leader in an army, his exhortations and dehortations, are not only lawful, but also necessary, and laudable. But then they are no more counsels, but commands; which when they are for execution of sour labour, sometimes necessity, and always humanity requireth to be sweetened in the delivery, by encouragement, and in the tune and phrase of counsel, rather than in harsher language of command.

Examples of the difference between command and counsel, we may take from the forms of speech that express them in Holy Scripture.

Have no other Gods but me; make to thyself no graven image ; take not God's name in vain ; sanctify the sabbath ; honour thy parents ; kill not ; steal not, fc. are commands; because the reason for which we are to obey them, is drawn from the will of God our king, whom we are obliged to obey. But these words, Sell all thou hast ; give it to the poor ; and follow me, are counsel ; because the reason for which we are to do so, is drawn from our own benefit; which is this, that we shall have treasure in Heaven. These words, Go into the village over against you, and you shall find an ass tied, and her colt; loose her, and bring her to me, are a command: for the reason of their fact is drawn from the will of their Master : but these words, Repent and be baptized in the name of Jesus, are counsel ; because the reason why we should so do, tendeth not to any benefit of God Almighty, who

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