1. The Legislator in all Common-wealths, is only the Soveraign, be he
one Man, as in a Monarchy, or one Assembly of men, as in a Democracy,
or Aristocracy. For the Legislator, is he that maketh the Law. And the
Common-wealth only, praescribes, and commandeth the observation of those
rules, which we call Law: Therefore the Common-wealth is the Legislator.
But the Common-wealth is no Person, nor has capacity to doe any thing,
but by the Representative, (that is, the Soveraign;) and therefore the
Soveraign is the sole Legislator. For the same reason, none can abrogate
a Law made, but the Soveraign; because a Law is not abrogated, but by
another Law, that forbiddeth it to be put in execution.
And Not Subject To Civill Law
2. The Soveraign of a Common-wealth, be it an Assembly, or one Man, is
not subject to the Civill Lawes. For having power to make, and repeale
Lawes, he may when he pleaseth, free himselfe from that subjection,
by repealing those Lawes that trouble him, and making of new; and
consequently he was free before. For he is free, that can be free when
he will: Nor is it possible for any person to be bound to himselfe;
because he that can bind, can release; and therefore he that is bound to
himselfe onely, is not bound.
Use, A Law Not By Vertue Of Time, But Of The Soveraigns Consent
3. When long Use obtaineth the authority of a Law, it is not the
Length of Time that maketh the Authority, but the Will of the Soveraign
signified by his silence, (for Silence is sometimes an argument of
Consent;) and it is no longer Law, then the Soveraign shall be silent
therein. And therefore if the Soveraign shall have a question of Right
grounded, not upon his present Will, but upon the Lawes formerly
made; the Length of Time shal bring no prejudice to his Right; but the
question shal be judged by Equity. For many unjust Actions, and unjust
Sentences, go uncontrolled a longer time, than any man can remember.
And our Lawyers account no Customes Law, but such as are reasonable, and
that evill Customes are to be abolished; But the Judgement of what is
reasonable, and of what is to be abolished, belongeth to him that maketh
the Law, which is the Soveraign Assembly, or Monarch.
The Law Of Nature, And The Civill Law Contain Each Other