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That a Common-wealth, to defend it selfe against injuries, may lawfully doe all that he hath here said, is very true; and hath already in that which hath gone before been sufficiently demonstrated.
Not Fundamentall is that the abrogating whereof, draweth not with it the dissolution of the Common-Wealth; such as are the Lawes Concerning Controversies between subject and subject. Thus much of the Division of Lawes. Difference Between Law And Right
Now seeing it is manifest, that the Civill Power, and the Power of the Common-wealth is the same thing; and that Supremacy, and the Power of making Canons, and granting Faculties, implyeth a Common-wealth; it followeth, that where one is Soveraign, another Supreme; where one can make Lawes, and another make Canons; there must needs be two Common-wealths, of one & the same Subjects; which is a Kingdome divided in it selfe, and cannot stand.
And in this also, the Artificiall Man maintains his resemblance with the Naturall; whose Veins receiving the Bloud from the severall Parts of the Body, carry it to the Heart; where being made Vitall, the Heart by the Arteries sends it out again, to enliven, and enable for motion all the Members of the same. The Children Of A Common-wealth Colonies
"CIVILL LAW, Is to every Subject, those Rules, which the Common-wealth hath Commanded him, by Word, Writing, or other sufficient Sign of the Will, to make use of, for the Distinction of Right, and Wrong; that is to say, of what is contrary, and what is not contrary to the Rule." In which definition, there is nothing that is not at first sight evident.
But I have also shewed formerly, that before the Institution of Common-wealth, every man had a right to every thing, and to do whatsoever he thought necessary to his own preservation; subduing, hurting, or killing any man in order thereunto. And this is the foundation of that right of Punishing, which is exercised in every Common-wealth. Private Injuries, And Revenges No Punishments
And yet is this Doctrine still practised; and men judge the Goodnesse, or Wickednesse of their own, and of other mens actions, and of the actions of the Common-wealth it selfe, by their own Passions; and no man calleth Good or Evill, but that which is so in his own eyes, without any regard at all to the Publique Laws; except onely Monks, and Friers, that are bound by Vow to that simple obedience to their Superiour, to which every Subject ought to think himself bound by the Law of Nature to the Civill Soveraign.
And even of those men themselves, that in Councells of the Common-wealth, love to shew their reading of Politiques and History, very few do it in their domestique affaires, where their particular interest is concerned; having Prudence enough for their private affaires: but in publique they study more the reputation of their owne wit, than the successe of anothers businesse.
The antient Law of Rome was called their Civil Law, from the word Civitas, which signifies a Common-wealth; And those Countries, which having been under the Roman Empire, and governed by that Law, retaine still such part thereof as they think fit, call that part the Civill Law, to distinguish it from the rest of their own Civill Lawes.
Neverthelesse, men were so much taken with this custome, that in time it spread it selfe over all Europe, and the best part of Afrique; so as there were Schools publiquely erected, and maintained for Lectures, and Disputations, almost in every Common-wealth. Of The Schools Of The Jews
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