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Show "in; r38 OfCOMMON-WEALTH. 6774sz make, and repeale Lawes, he may when he pleafeth, free himfelfc from that fubjec‘tion, by repealing thofe Lawes that trouble him, and making of new -, and confequently he was free before. For he is free that can be free when he will: Nor is it por'fible for any perfon to b: bound to him felfe 3 becaufe he that can bind, can releafe 3 and there~ fore he that is bound to him felfe onely, is not bound. 5. When long life obtaineth the authority of a Law, it is not the Length of Time that maketh the Authority,but the Will of the Sovc. - raign fignified by his filence, (for Silence is fometimes an argument ofConfentQand it is no longer L aw,then the Soveraign fliall be fileni ‘Md‘uya‘. M- ,..:_ .3 4e: ...»=5 wk" "3'," . 3:3; 7914*. therein.And therefore if the Soveraign {hall have a quefh'on of Right grounded, not upon his prefent Will, but upon the Lawes formebr l made-,the Length of Time ilialbring no prejudice to his Right3 but the quc ftion flial be judged byEquity.F0r many unjuftAé‘tions,and unjuit Sentences,go uncontrolled a longer time,than any manca n remember. And our Lawyers account no Cuflomes Law, but fuch as are reafo- 7 1-: La»; of arr/2 other. of C0 MMoN-WE A L TH. Chap.26. 5, If the Soveraign of one Common-wealth, fubdue a People yet thofe Lawes are the CiVill Lawes ofv the. Vlfiqr, and not 0f the Vanquiflmd Common-wealth. For the Legiflator is he, not by whole Cuflomes have their force. onely from Length of Time.-7 but that rhev were antiently Lawes written, or otherWife made known, for the not by vertue of the Prasfcription of time, but by the Confiitutions vinces ot a Dominion, {hall be generally obferved, and no iniquity appear in the ufe thereof, that Law can be no other but a Law of Na- ture, equally obliging all man-kind. . 6. Seeing then all I.awes,written, and unwritten, have their Au- Sam: final-'77 thority, and force, from the Will ofthe Common-wealth ,that is to opiniom aJ fry} from the Will ofthe Reprefentative; which in a Monarchy is the Monarch, and in other Common-wealths the Soveraign Affem- -, and therefore7 alfo CiVill Lawes: For itis the Soveraign Power that oblioes men found in the Books of Lawyers of eminence in feverall Commonwealths, directly, or by confeqiience making the Legiflative Power them binding, there is need of the Ordinances of 50vjerai0n Power and Puniflimcnts to be ordaine d for fuch as ihall break theam - whiCii Ordin ances are therefore part ofthe Civill Law. The LauiofNJture therefore is a part of the Civrll Law in all Common-wealths of the world. Reciprocally alfo,the Civill Law is a part ofthe Dictates of Nature. For juitice, that is to fay, Performanc givmgto every man his own,is a Dictate ofthe e of Covenant and Law ofNature. 3But every iubjeift in a Common-wealth, hath coven anted to obey the (mall l.ll\\"icltl1(:1'0n€ with another) as when they affemble to imlic a common lieprcientative, or with the Reprc fentat ive it felfeone by one, when lubdued by the Sword they Di‘oini fe obedi ence ili"t thtl" may receive liteg) And theref ore Obedience to the Civill f wife ‘3‘"); alto or the Law of Nature. Civill, and Naturall Law who: idi‘iii- rent kinds, buttiiflerent parts of Law -, whereof one part beina iii-iii- ttku, iscalled Quill, the other unwritten, Naturall. But the lfightof iii-igliiicidiigt 15, tlieii;ittii';ill Liberty of man, may by the Civill Linn. ! th<,an(lltfll.llncd .nay,the end of makiiw Lawes is m otieli)but iuch Reitraint -, without the which there cahnor polliblr be in, care. And Lawwas brought intoth e world for nothing the, b:;t [1} the Saux 7, . Tower , . 5 775167, now continue to be Lawes. And therefore where there be. divers that difpofe men to peace, and to obedience. When a Commonwealth is once fettled, then are they actually Lawes , and not before as being then to obey them. For in the differences of private men is hquity,whatis juflice, and what is morall Vertii to declzii‘e what e and to 3make Cit/fame, hat Provinces, within the Dominion of a Common-wealth, and in thofe Provinces diverfity of Lawes, which commonly are. called the CuHomes of each i'everall Province, we are not to underfiand that fuch of their prefent Sove raigns. But if an unwritten Law, in all the Pro- the commands of the Common-wealth L L'Wt'J' are mt made AV authority the Lawes were firit made, but by whofe authority they that maketh the Law, which is the Soveraign Aifembly, or Monarch. 4.. The Law of Nature, and the Civill Law, contain each Twovinciall that have lived under other written- Lawes , and afterwards govern them by the fame Lawes, by which they were governed before 5 Con {‘titutions,-and Statutes of their Soveraigns ~, and are now 'Lawes, other, and are ofequall extent. For the Lawes of Nature, which confiit in Equity, juflice, Gratitude, and other morall Vertu es on thefe de pending, in the condition of meer Nature (as I have faid before in the end or the I 5th Chapter,) are not properly Lawes , but qualities 139 but to limit the naturall liberty of particular mien, in {ugh rlnannner, afls: they might not hurt, but aifift one another, an )oyn toget iei again » a common Enemy. nable,and that evil] Cufiomes are to be aboliihed: But the Judgem ent of what is reafonable, and ofwhat is to be aboliihed,belo nget‘h to him A7311}, {, and. (/9: (‘13!!! Law [95mm 1;" 2. Law'c‘rr amn earning the with;iig of Lmva. bly -, a man may wonder from whence proceed fuch opinions, as are depend on private men, or fubordinate Judges. As‘ for example, 71m Illc Common Law, {mt/1 no Cantroulcr but the Parliament -, which is true onely where a Parlament has the Soveraign Power, and- cannot be ailembled, nor diflolved, but by their own difcretion, For if there be a rightin any elfe to diffolvc them, there is a right alfo to controule them, and confequentlyi to controulc their c0ntroulings.g And it‘there be no fuclirighr, then the Controuler of Lawe‘s is nor 1'.ir/.ime/itum, but Rex in Par/dwell". And were a Parlamcnt «is So- veiaiun, if it ihould ailemble never fo many, or [‘0 wife men, from the Countries iiibjec‘ttothem, for whatfoever caufe 5 et there is no man Will believe,that fuch an Aflembly hath therebly acquired to thunielves a Legiilative Power. Item, that the two arms of a‘ Com- mon-wealth, are Force, and fu/h'ce-,tbe_firfr iv/Jereofz'r m the Kingybe n/Ierdtpa/[red m [be bands of the l'ar/ameni. As if a Commonwealth could coniiit, where the Force were in any hand, which Ju- itic: had not the Authority to command and govern. , 7. That Law can never be againft Reafon, our Lawyers are ;:gi'cetl~,and that notthc Letter, { that is, every confirue‘tion of it,) but [lllt which is according to the Intention of the Legiflator, is the I, And it is true :but the doubt is, of whole Keafon it is, that iiuil be received for Law. It is not meant ofany private Reafon, for. T then |