; 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

Likewise Lawes and Charters are taken promiscuously for the same
thing. Yet Charters are Donations of the Soveraign; and not Lawes, but
exemptions from Law. The phrase of a Law is Jubeo, Injungo, I Command,
and Enjoyn: the phrase of a Charter is Dedi, Concessi, I Have Given, I
Have Granted: but what is given or granted, to a man, is not forced
upon him, by a Law. A Law may be made to bind All the Subjects of a
Common-wealth: a Liberty, or Charter is only to One man, or some One
part of the people. For to say all the people of a Common-wealth, have
Liberty in any case whatsoever; is to say, that in such case, there hath
been no Law made; or else having been made, is now abrogated.

CHAPTER XXVII. OF CRIMES, EXCUSES, AND EXTENUATIONS

Sinne What

A Sinne, is not onely a Transgression of a Law, but also any Contempt of
the Legislator. For such Contempt, is a breach of all his Lawes at once.
And therefore may consist, not onely in the Commission of a Fact, or in
the Speaking of Words by the Lawes forbidden, or in the Omission of
what the Law