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refuse to stand thereto, or make protestation against PART II. any of their decrees, he does contrary to his covenant, and therefore unjustly. And whether he be of the congregation, or not; and whether his consent be asked, or not, he must either submit to their decrees, or be left in the condition of war he was in before; wherein he might without injustice be destroyed by any man whatsoever.

cannot be justly

subject.

Fourthly, because every subject is by this insti- 4. The sovetution author of all the actions, and judgments of reign's actions the sovereign instituted; it follows, that whatsoever accused by the he doth, it can be no injury to any of his subjects; nor ought he to be by any of them accused of injustice. For he that doth anything by authority from another, doth therein no injury to him by whose authority he acteth: but by this institution of a commonwealth, every particular man is author of all the sovereign doth: and consequently he that complaineth of injury from his sovereign, complaineth of that whereof he himself is author; and therefore ought not to accuse any man but himself; no nor himself of injury; because to do injury to one's self, is impossible. It is true that they that have sovereign power may commit iniquity; but not injustice, or injury in the proper signification.

doth is unpun

Fifthly, and consequently to that which was said 5. Whatsoever last, no man that hath sovereign power can justly the sovereign be put to death, or otherwise in any manner by his ishable by the subject. subjects punished. For seeing every subject is author of the actions of his sovereign; he punisheth another for the actions committed by himself.

And because the end of this institution, is the 6. The sovereign is judge peace and defence of them all; and whosoever has of what is ne right to the end, has right to the means; it be

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peace and de

subjects.

PART II. longeth of right, to whatsoever man, or assembly that hath the sovereignty, to be judge both of the cessary for the means of peace and defence, and also of the hinfence of his drances, and disturbances of the same; and to do whatsoever he shall think necessary to be done, both beforehand, for the preserving of peace and security, by prevention of discord at home, and hostility from abroad; and, when peace and security are lost, for the recovery of the same. And therefore,

And judge of

what doctrines

are fit to be taught them.

Sixthly, it is annexed to the sovereignty, to be judge of what opinions and doctrines are averse, and what conducing to peace; and consequently, on what occasions, how far, and what men are to be trusted withal, in speaking to multitudes of people; and who shall examine the doctrines of all books before they be published. For the actions of men proceed from their opinions; and in the well-governing of opinions, consisteth the well-governing of men's actions, in order to their peace, and concord. And though in matter of doctrine, nothing ought to be regarded but the truth; yet this is not repugnant to regulating the same by peace. For doctrine repugnant to peace, can no more be true, than peace and concord can be against the law of nature. It is true, that in a commonwealth, where by the negligence, or unskilfulness of governors, and teachers, false doctrines are by time generally received; the contrary truths may be generally offensive. Yet the most sudden, and rough bursting in of a new truth, that can be, does never break the peace, but only sometimes awake the war. For those men that are so remissly governed, that they dare take up arms to defend, or introduce an opinion,

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are still in war; and their condition not peace, but PART II. only a cessation of arms for fear of one another; and they live, as it were, in the precincts of battle continually. It belongeth therefore to him that hath the sovereign power, to be judge, or constitute all judges of opinions and doctrines, as a thing necessary to peace; thereby to prevent discord and civil war.

know what is

no other sub

take it from

Seventhly, is annexed to the sovereignty, the 7. The right of making rules; whole power of prescribing the rules, whereby every whereby the subjects may man may know, what goods he may enjoy, and every man what actions he may do, without being molested so his own, as by any of his fellow-subjects; and this is it men ject can withcall propriety. For before constitution of sovereign out injustice power, as hath already been shown, all men had him. right to all things; which necessarily causeth war : and therefore this propriety, being necessary to peace, and depending on sovereign power, is the act of that power, in order to the public peace. These rules of propriety, or meum and tuum, and of good, evil, lawful, and unlawful in the actions of subjects, are the civil laws; that is to say, the laws of each commonwealth in particular; though the name of civil law be now restrained to the ancient civil laws of the city of Rome; which being the head of a great part of the world, her laws at that time were in these parts the civil law.

belongeth the

ture and deci

Eighthly, is annexed to the sovereignty, the right 8. To him also of judicature; that is to say, of hearing and de- right of judicaciding all controversies, which may arise concerning sion of controlaw, either civil, or natural; or concerning fact. versy. For without the decision of controversies, there is no protection of one subject, against the injuries of another; the laws concerning meum and tuum are in vain; and to every man remaineth, from the

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PART II. natural and necessary appetite of his own conservation, the right of protecting himself by his private strength, which is the condition of war, and contrary to the end for which every commonwealth is instituted.

9. And of making war,

he shall think best.

Ninthly, is annexed to the sovereignty, the right and peace, as of making war and peace with other nations, and commonwealths; that is to say, of judging when it is for the public good, and how great forces are to be assembled, armed, and paid for that end; and to levy money upon the subjects, to defray the expenses thereof. For the power by which the people are to be defended, consisteth in their armies; and the strength of an army, in the union of their strength under one command; which command the sovereign instituted, therefore hath; because the command of the militia, without other institution, maketh him that hath it sovereign. And therefore whosoever is made general of an army, he that hath the sovereign power is always generalissimo.

10. And of

choosing all

of peace & war.

Tenthly, is annexed to the sovereignty, the chooscounsellors and ing of all counsellors, ministers, magistrates, and ministers, both officers, both in peace, and war. For seeing the sovereign is charged with the end, which is the common peace and defence, he is understood to have power to use such means, as he shall think most fit for his discharge.

11. And of rewarding and

Eleventhly, to the sovereign is committed the punishing, and power of rewarding with riches, or honour, and former law hath of punishing with corporal or pecuniary punishmeasure of it ment, or with ignominy, every subject according to

that (where no

determined the

arbitrarily.

the law he hath formerly made; or if there be no law made, according as he shall judge most to conduce to the encouraging of men to serve the com

order.

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monwealth, or deterring of them from doing dis- PART II. service to the same. Lastly, considering what value men are naturally 12. And of apt to set upon themselves; what respect they look honour and for from others; and how little they value other men; from whence continually arise amongst them, emulation, quarrels, factions, and at last war, to the destroying of one another, and diminution of their strength against a common enemy; it is necessary that there be laws of honour, and a public rate of the worth of such men as have deserved, or are able to deserve well of the commonwealth ; and that there be force in the hands of some or other, to put those laws in execution. But it hath already been shown, that not only the whole militia, or forces of the commonwealth; but also the judicature of all controversies, is annexed to the sovereignty. To the sovereign therefore it belongeth also to give titles of honour; and to appoint what order of place, and dignity, each man shall hold; and what signs of respect, in public or private meetings, they shall give to one another.

are indivisible.

These are the rights, which make the essence of These rights sovereignty; and which are the marks, whereby a man may discern in what man, or assembly of men, the sovereign power is placed, and resideth. For these are incommunicable, and inseparable. The power to coin money; to dispose of the estate and persons of infant heirs; to have præemption in markets; and all other statute prerogatives, may be transferred by the sovereign; and yet the power to protect his subjects be retained. But if he transfer the militia, he retains the judicature in vain, for want of execution of the laws or if he grant away the power of raising money; the militia