Fourthly,because every subject is by this institution author of all the actions and judgements of the sovereign instituted,it follows that whatsoever he doth,can be no injury to any of his subjects;nor ought he to be by any of them accused of injustice.For he that doth anything by authority from another doth therein no injury to him by whose authority he acteth:but by this institution of a Commonwealth every particular man is author of all the sovereign doth;and consequently he that complaineth of injury from his sovereign complaineth of that whereof he himself is author,and therefore ought not to accuse any man but himself;no,nor himself of injury,because to do injury to oneself is impossible.It is true that they that have sovereign power may commit iniquity,but not injustice or injury in the proper signification.
Fifthly,and consequently to that which was said last,no man that hath sovereign power can justly be put to death,or otherwise in any manner by his subjects punished.For seeing every subject is author of the actions of his sovereign,he punisheth another for the actions committed by himself.
And because the end of this institution is the peace and defence of them all,and whosoever has right to the end has right to the means,it belonged of right to whatsoever man or assembly that hath the sovereignty to be judge both of the means of peace and defence,and also of the hindrances and disturbances of the same;and to do whatsoever he shall think necessary to be done,both beforehand,for the preserving of peace and security,by prevention of discord at home,and hostility from abroad;and when peace and security are lost,for the recovery of the same.And therefore,Sixthly,it is annexed to the sovereignty to be judge of what opinions and doctrines are averse,and what conducing to peace;and consequently,on what occasions,how far,and what men are to be trusted withal in speaking to multitudes of people;and who shall examine the doctrines of all books before they be published.For the actions of men proceed from their opinions,and in the well governing of opinions consisteth the well governing of men's actions in order to their peace and concord.And though in matter of doctrine nothing to be regarded but the truth,yet this is not repugnant to regulating of the same by peace.For doctrine repugnant to peace can no more be true,than peace and concord can be against the law of nature.It is true that in a Commonwealth,where by the negligence or unskillfulness of governors and teachers false doctrines are by time generally received,the contrary truths may be generally offensive:yet the most sudden and rough bustling in of a new truth that can be does never break the peace,but only sometimes awake the war.For those men that are so remissly governed that they dare take up arms to defend or introduce an opinion are still in war;and their condition,not peace,but only a cessation of arms for fear of one another;and they live,as it were,in the procincts of battle continually.It belonged therefore to him that hath the sovereign power to be judge,or constitute all judges of opinions and doctrines,as a thing necessary to peace;thereby to prevent discord and civil war.
Seventhly,is annexed to the sovereignty the whole power of prescribing the rules whereby every man may know what goods he may enjoy,and what actions he may do,without being molested by any of his fellow subjects:and this is it men call propriety.For before constitution of sovereign power,as hath already been shown,all men had right to all things,which necessarily causeth war:and therefore this propriety,being necessary to peace,and depending on sovereign power,is the act of that power,in order to the public peace.These rules of propriety (or meum and tuum)and of good,evil,lawful,and unlawful in the actions of subjects are the civil laws;that is to say,the laws of each Commonwealth in particular;though the name of civil law be now restrained to the ancient civil laws of the city of Rome;which being the head of a great part of the world,her laws at that time were in these parts the civil law.
Eighthly,is annexed to the sovereignty the right of judicature;that is to say,of hearing and deciding all controversies which may arise concerning law,either civil or natural,or concerning fact.For without the decision of controversies,there is no protection of one subject against the injuries of another;the laws concerning meum and tuum are in vain,and to every man remaineth,from the natural and necessary appetite of his own conservation,the right of protecting himself by his private strength,which is the condition of war,and contrary to the end for which every Commonwealth is instituted.
Ninthly,is annexed to the sovereignty the right of making war and peace with other nations and Commonwealths;that is to say,of judging when it is for the public good,and how great forces are to be assembled,armed,and paid for that end,and to levy money 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 sovereign instituted,therefore hath,because the command of the militia,without other institution,maketh him that hath it sovereign.And therefore,whosoever is made general of an army,he that hath the sovereign power is always generalissimo.
Tenthly,is annexed to the sovereignty the choosing of all counsellors,ministers,magistrates,and officers,both in peace and war.For seeing the sovereign 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.
