vernours, and Teachers, false Doctrines are by time generally
received; the contrary Truths may be generally offensive; Yet the most
sudden, and rough busling in of a new Truth, that can be, does never
breake the Peace, but onely somtimes awake the Warre. For those men that
are so remissely governed, that they dare take up Armes, to defend, or
introduce an Opinion, are still in Warre; and their condition not Peace,
but only a Cessation of Armes for feare of one another; and they live
as it were, in the procincts of battaile continually. It belongeth
therefore to him that hath the Soveraign Power, to be Judge, or
constitute all Judges of Opinions and Doctrines, as a thing necessary to
Peace, thereby to prevent Discord and Civill Warre.
7. The Right Of Making Rules, Whereby The Subject May
Every Man Know What Is So His Owne, As No Other Subject
Can Without Injustice Take It From Him
Seventhly, is annexed to the Soveraigntie, the whole power of
prescribing the Rules, whereby every man may know, what Goods he may
enjoy and what Actions he may doe, without being molested by any of
his fellow Subjects: And this is it men Call Propriety. For before
constitution of Soveraign Power (as hath already been shewn) all men had
right to all things; which necessarily causeth Warre: and therefore this
Proprietie, being necessary to Peace, and depending on Soveraign Power,
is the Act of the Power, in order to the publique peace. These Rules of
Propriety (or Meum and Tuum) and of Good, Evill, Lawfull and Unlawfull
in the actions of subjects, are the Civill Lawes, that is to say, the
lawes of each Commonwealth in particular; though the name of Civill Law
be now restrained to the antient Civill Lawes of the City of Rome; which
being the head of a great part of the World, her Lawes at that time were
in these parts the Civill Law.
8. To Him Also Belongeth The Right Of All Judicature
And Decision Of Controversies:
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 st
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