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Show MCOMMONWTALTH. "qa& fart 2; that have the Soveraign power -, and there is no reafon men {hould part2. OfCOMMON-WEALTH, 074.27. tit be the leffe obliged by it, when tis propounded in the name of God. Befides, there is no place in the world where men are permit- g. ' ~ ‘ i :1" 27.1321, ‘ . - -.-1 l i fl." *5- "fixiémfifl < ' that revolt from Chriitian Religion, and all other States, thofe that fet up any Religion by them forbidden._For in whatfoever is not regulated by the Common-wealth,tisEquity(which is theLaw of Naenjoy his liberty. ' , There is alfo another difiinéhon of Laws, into szdammtall, and fiflt, not onely in the Commifi'itm of a Faét, or in the Speak- not Fundamental/z but I could never fee in any Author, whata ing of Words by the Lawes forbidden, or in the 0mi§3ian of what the Law commandeth, but alfo in the Intentionx or purpofe to tranf- 11 no! law d!- menmll Law 3,- . a, uni-t i-tL inc-m ‘ 'fig" ~ Shaw, is not onelya Tranfgrelfion of a Law, but alfo any Fundamentall Law fignifieth. Nevertheleife one may very reafonably diftinguifli Laws in that manner. . For a Fundamentall Law in every Common-wealth 15 that, which being taken away, the Common-wealthfaileth, and is utterly dill folved ; asabuilding whofe Foundation is defiroyed, And there fore aFundamentall Law is that, by which Subjects are bound to uphold whatfoever power is given to the Soveraign, whether a Mo narch, or a Soveraign Affembly , Without which the Commonwealth cannot fland 5 fueh as is the power of War and Peace, of judicature, of Election of Othcers, and of doing whatfoe‘ver he ihall think necefl‘ary for the Publique good. Not Fundamentall is that, Common-Wealth, fuch as are the Lawes concerning Controverfits between fubjetft and fubjeét . Thus much ofthe Divifion ofLawes. I find the words Lex (' ivilis, and 55x45 Ciw‘le , that is to fay, LN {WWW [MW and Rig/it Civil, promifcuoufly ufed for the fame thing , even in the molt learned Authors; which nevertheleife ought not to be fo . For Right is Libertymamel that Liberty which the Civil Law leaves us: But CI'Z/lll Law is an Olegatian, and takes from us the Liberty which the Law of Nature gave us , Nature gave a Ri ht to every man to fecure himfelfe by his own firength, and to invafe a fufpcéted neiOhbour, byway of revention: but the Civill Law takes away 513? Liberty, in all wife's where the proteétion of the Law may be fafcly itayd for. Infomuch as Lex and 3314:, are as different as 0511' .m't» and Lihrrtv. And llrtwttn Likewife Love: and Charters are taken romifcuoufly for {hf " ""w ""d" fame ‘11ng . Yet Charters are Donations o Pthe Soveraign; and not Lawes, but exemptions from Law. The phrafe of a LEW 15‘ yum, Izqunga, I( ommmd, and Enjoy": the phrafe of aCharttr :5 Bali, Camrfli, I lmrvc Given, I [new Granted: but what is given 0? granted, to a man, is nor forced upon him, by a Law.A Law may 135 1 made to bind All the Subjects ofa Common-wealth : :1 Liberty 97 Charter is only to One man,or fome One part ofthe people. For k" fay 311th people of a Common-wealth, have Liberty in any cazc , "'hinlowflsisto fly, that in fueh cafe, there hath been no Lari made-,or elfe havrng been made,is now abrogated, grefle. For the purpofeto breake the Law, is tome degree of Contempt of him, to whom it belongeth to fee it executed. To be delighted in the Imagination onely, of being poffeffed of another mans goods, fervants, or wife, without any intention to take them from him bv force,or fraud, is no breach of the Law, that fayth, Thou [7m]: riot [over : nor is the pleafure aman may have in imagining, or dreaming of the death of him, from whofe life he expeé'ceth nothing but dammage,and difpleafure,a Sinne -, but the re folving to put fome Act in execution, that tendeth thereto. For to be pleafed in the fiction of that, which would pleafe a man if it were reall, is a Paiiion fo adlmzrent to the Nature b0th of man, and every other living creature, as to make it a Sinne, were to make Sinne ofbeing a man. The coniideration of this, has made me think them too (were, both to themfelves, and others, thattmaintain, that the Firft motions of the mind, (though checked with the fear ofGod) be Sinnes. But I conrent: it is infer to erre on that hand, than on the other. A CR 1 M r ,is a fume, confifiing in the Committing (by Deed, or Word) ofthat which the Law forbiddeth,or the Omilhon of what it hath commanded.So that every Crime is a iinne , but not every finne a Crime. To intend to fie-ale, or kill, is a iinne, though it never appeare in Word, or Fact : for God that fccth the thoughts ofman, can lay it to his charge : but till it appear by fome thing done, or faid, b A Crime what. w rich the intention may be argued by a humane judge,it hath not the name of Crime : which difiinftion the Greeks t)l)lerved, in the word deal": "in, and taunt", or 211.2; wherofthe former,(which is tranf» lated 51mm) {ignifieth any fwarving from the Law whatfoever; butthe two later, (which aretranflated Griz/29,) fignifie that time onely, whereof one man may accufe another. But of Intentions, which never appear by any outward aft, there is no place for humane ateulation. In like manner the Latines by Premium, which is Sinne, {ignihe all manner of deviation from the Law; but by Crime", (Ix-.ruch word they derive from Ccrno, which lignifies to 'perceive,) ii}»>'nlCll10nCly fuch finnes, as may be made appear before a Judge ; lildydlcfiore are not meer Intentions, ‘ll‘ionithis relation ofSinne tothe Law, and of Crime to the Ci- "'15:" m) C:- 1'it/1Lmv it, ‘-~ CHAN Sim: when Contempt of the Legiflator. For fuch Contempt, is a breach of all his Lawes at once. And therefore may con- ture, and therefore an eternall Law ofGod) that every man equally the abrogating whereof, draweth not with it the diirolution of the F._, 4 C H AP. XXVII. _0f CR 1M55,Excusss, and Exranunrtons ted to pretend other Commandements of God, than are decla- ‘ red for fuch by the Common-wealth. Chriflian States pumih rhofc 3" 3 "My be inferred, Firilz,that where Law ceafeth,4Sinne cea» litth, r 'm'! 13‘ m (7.7/1.2 |