6. Again, the _civil law_ (according to the two offices of the legislator, whereof one is to judge, the other to constrain men to acquiesce to his judgments) hath two parts; the one _distributive_, the other _vindicative_ or _penal_. By the _distributive_ it is, that every man hath his proper rights; that is to say, it sets forth rules for all things, whereby we may know what is properly our’s, what another man’s; so as others may not hinder us from the free use and enjoyment of our own, and we may not interrupt others in the quiet possession of their’s; and what is lawful for every man to do or omit, and what is not lawful. _Vindicative_ is that, whereby it is defined what punishment shall be inflicted on them who break the law. [Sidenote: Distributive and vindicative are not two species of the laws.] 7. Now _distributive_ and _vindicative_ are not two several _species_ of the laws, but two _parts_ of the same law. For if the law should say no more, but (for example) _whatsoever you take with your net in the sea, be it yours_, it is in vain. For although another should take that away from you which you have caught, it hinders not but that it still remains yours. For in the state of nature where all things are common to all, _yours_ and _others_ are all one; insomuch as what the law defines to be _yours_, was _yours_ even before the law, and after the law ceases not to be _yours_, although in another man’s possession. Wherefore the law doth nothing, unless it be understood to be so _yours_, as all other men be forbidden to interrupt your free use and secure enjoyment of it at all times, according to your own will and pleasure. For this is that which is required to a propriety of goods; not that a man may be able to use them, but to use them alone; which is done by prohibiting others to be an hinderance to him. But in vain do they also prohibit any men, who do not withal strike a fear of punishment into them. In vain therefore is the law, unless it contain both parts, that which _forbids_ injuries to be done, and that which _punisheth_ the doers of them. The first of them, which is called _distributive_, is _prohibitory_, and speaks to all; the second, which is styled _vindicative_ or _penary_, is _mandatory_, and only speaks to public ministers. [Sidenote: All law is supposed to have a penalty annexed to it.] 8. From hence also we may understand, _that every civil law hath a penalty annexed to it_, either explicitly or implicitly. For where the penalty is not defined, neither by any writing, nor by example of any who hath suffered the punishment of the transgressed law, there the penalty is understood to be arbitrary; namely, to depend on the will of the legislator, that is to say, of the supreme commander. For in vain is that law, which may be broken without punishment. [Sidenote: The precepts of the Decalogue of honouring parents, of murder, adultery, theft, false witnesses, are the civil laws.]