Eightly, is annexed to the Soveraigntie, the Right of Judicature; that
is to say, of hearing and deciding all Controversies, which may arise
concerning Law, either Civill, or naturall, or concerning Fact. For
without the decision of Controversies, there is no protection of one
Subject, against the injuries of another; the Lawes concerning Meum and
Tuum are in vaine; and to every man remaineth, from the naturall and
necessary appetite of his own conservation, the right of protecting
himselfe by his private strength, which is the condition of Warre; and
contrary to the end for which every Common-wealth is instituted.
9. And Of Making War, And Peace, As He Shall Think Best:
Ninthly, is annexed to the Soveraignty, the Right of making Warre, and
Peace with other Nations, and Common-wealths; that is to say, of
Judging when it is for the publique good, and how great forces are to
be assembled, armed, and payd for that end; and to levy mony upon the
Subjects, to defray the expenses thereof. For the Power by which the
people are to be defended, consisteth in their Armies; and the strength
of an Army, in the union of their strength under one Command; which
Command the Soveraign Instituted, therefore hath; because the command
of the Militia, without other Institution, maketh him that hath it
Soveraign. And therefore whosoever is made Generall of an Army, he that
hath the Soveraign Power is alwayes Generallissimo.
10. And Of Choosing All Counsellours, And Ministers, Both Of Peace, And
Warre:
Tenthly, is annexed to the Soveraignty, the choosing of all
Councellours, Ministers, Magistrates, and Officers, both in peace, and
War. For seeing the Soveraign is charged with the End, which is the
common Peace and Defence; he is understood to have Power to use such
Means, as he shall think most fit for his discharge.
11. And Of Rewarding, And Punishing, And That (Where No
Former Law hath Determined The Measure Of It) Arbitrary:
Eleventhly, to the Soveraign is committed the Power of Rewarding
with riches, or honour; and of Punishing with corporall, or pecuniary
punishment, or with ignominy every Subject according to the Lawe he hath
formerly made; or if there be no Law made, according as he shall judge
most to conduce to the encouraging of men to serve the Common-wealth, or
deterring of them from doing dis-service to the same.
12. And Of Honour And Order