declared to be so, by the Lawes of the Common-wealth. Which also is
evident to any mans reason; for whatsoever is not against the Law of
Nature, may be made Law in the name of them that have the Soveraign
power; and there is no reason men should be the lesse obliged by it,
when tis propounded in the name of God. Besides, there is no place in
the world where men are permitted to pretend other Commandements of God,
than are declared for such by the Common-wealth. Christian States punish
those that revolt from Christian Religion, and all other States, those
that set up any Religion by them forbidden. For in whatsoever is not
regulated by the Common-wealth, tis Equity (which is the Law of Nature,
and therefore an eternall Law of God) that every man equally enjoy his
liberty.
Another Division Of Lawes
There is also another distinction of Laws, into Fundamentall, and Not
Fundamentall: but I could never see in any Author, what a Fundamentall
Law signifieth. Neverthelesse one may very reasonably distinguish Laws
in that manner.
A Fundamentall Law What
For a Fundamentall Law in every Common-wealth is that, which being taken
away, the Common-wealth faileth, and is utterly dissolved; as a building
whose Foundation is destroyed. And therefore a Fundamentall Law is that,
by which Subjects are bound to uphold whatsoever power is given to the
Soveraign, whether a Monarch, or a Soveraign Assembly, without which the
Common-wealth cannot stand, such as is the power of War and Peace, of
Judicature, of Election of Officers, and of doing whatsoever he shall
think necessary for the Publique good. 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
I find the words Lex Civilis, and Jus Civile, that is to say, Law and
Right Civil, promiscuously used for the same thing, even in the most
learned Authors; which neverthelesse ought not to be so. For Right is
Liberty, namely that Liberty which the Civil Law leaves us: But Civill
Law is an Obligation; and takes from us the Liberty which the Law of
Nature gave us. Nature gave a Right to every man to secure himselfe
by his own strength, and to invade a suspected neighbour, by way of
prevention; but the Civill Law takes away that Liberty, in all cases
where the protection of the Lawe may be safely stayd for. Insomuch as
Lex and Jus, are as different as Obligation and Liberty.
And Between A Law And A Charter