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PART II. pleasing some that have spoken, or the whole 25. assembly, by contradiction; or for fear of appearDifferences of ing duller in apprehension, than those that have

fit and unfit

counsellors.

applauded the contrary opinion. Secondly, in an assembly of many, there cannot choose but be some whose interests are contrary to that of the public; and these their interests make passionate, and passion eloquent, and eloquence draws others into the same advice. For the passions of men, which asunder are moderate, as the heat of one brand; in an assembly are like many brands, that inflame one another, especially when they blow one another with orations, to the setting of the commonwealth on fire, under pretence of counselling it. Thirdly, in hearing every man apart, one may examine, when there is need, the truth, or probability of his reasons, and of the grounds of the advice he gives, by frequent interruptions, and objections; which cannot be done in an assembly, where, in every difficult question, a man is rather astonied, and dazzled with the variety of discourse upon it, than informed of the course he ought to take. Besides, there cannot be an assembly of many, called together for advice, wherein there be not some, that have the ambition to be thought eloquent, and also learned in the politics; and give not their advice with care of the business propounded, but of the applause of their motley orations, made of the divers coloured threds, or shreads of authors; which is an impertinence at least, that takes away the time of serious consultation, and in the secret way of selling apart, is easily avoided. Fourthly, in

tions that ought to be kept secret, whereof be many occasions in public business, the

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counsels of many, and especially in assemblies, are PART II. dangerous; and therefore great assemblies are necessitated to commit such affairs to lesser numbers, Differences of and of such persons as are most versed, and in counsellors. whose fidelity they have most confidence.

To conclude, who is there that so far approves the taking of counsel from a great assembly of counsellors, that wisheth for, or would accept of their pains, when there is a question of marrying his children, disposing of his lands, governing his household, or managing his private estate, especially if there be amongst them such as wish not his prosperity? A man that doth his business by the help of many and prudent counsellors, with every one consulting apart in his proper element, does it best, as he that useth able seconds at tennis play, placed in their proper stations. He does next best, that useth his own judgment only; as he that has no second at all. But he that is carried up and down to his business in a framed counsel, which cannot move but by the plurality of consenting opinions, the execution whereof is commonly, out of envy or interest, retarded by the part dissenting, does it worst of all, and like one that is carried to the ball, though by good players, yet in a wheel-barrow, or other frame, heavy of itself, and retarded also by the inconcurrent judgments, and endeavours of them that drive it; and so much the more, as they be more that set their hands to it; and most of all, when there is one, or more amongst them, that desire to have him lose. And though it be true, that many eyes see more than one; yet it is not to be understood of many counsellors; but then only, when the final resolution is in one man. Other

fit and unfit

PART II. wise, because many eyes see the same thing in 25. divers lines, and are apt to look asquint towards Differences of their private benefit; they that desire not to miss

fit and unfit

counsellors.

their mark, though they look about with two eyes, yet they never aim but with one; and therefore no great popular commonwealth was ever kept up, but either by a foreign enemy that united them; or by the reputation of some eminent man amongst them; or by the secret counsel of a few; or by the mutual fear of equal factions; and not by the open consultations of the assembly. And as for very little commonwealths, be they popular, or monarchical, there is no human wisdom can uphold them, longer than the jealousy lasteth of their potent neighbours.

P

CHAPTER XXVI.

OF CIVIL LAWS.

Civil law what. BY CIVIL LAWS, I understand the laws, that men are therefore bound to observe, because they are members, not of this, or that commonwealth in particular, but of a commonwealth. For the knowledge of particular laws belongeth to them, that profess the study of the laws of their several countries; but the knowledge of civil law in general, to any man. The ancient law of Rome was called their civil law, from the word civitas, which signifies a commonwealth and those countries, which having been under the Roman empire, and governed by that law, retain still such part thereof as they think fit, call that part the civil law, to distinguish it from the rest of their own civil laws. But that is not it I

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intend to speak of here; my design being not to PART II. show what is law here, and there; but what is law; as Plato, Aristotle, Cicero, and divers others Civil law what. have done, without taking upon them the profession of the study of the law.

And first it is manifest, that law in general, is not counsel, but command; nor a command of any man to any man; but only of him, whose command is addressed to one formerly obliged to obey him. And as for civil law, it addeth only the name of the person commanding, which is persona civitatis, the person of the commonwealth.

Which considered, I define civil law in this manner. CIVIL LAW, is to every subject, those rules, which the commonwealth hath commanded him, by word, writing, or other sufficient sign of the will, to make use of, for the distinction of right, and wrong; that is to say, of what is contrary, and what is not contrary to the rule.

In which definition, there is nothing that is not at first sight evident. For every man seeth, that some laws are addressed to all the subjects in general; some to particular provinces; some to particular vocations; and some to particular men; and are therefore laws, to every of those to whom the command is directed, and to none else. As also, that laws are the rules of just, and unjust; nothing being reputed unjust, that is not contrary to some law. Likewise, that none can make laws but the commonwealth; because our subjection is to the commonwealth only: and that commands, are to be signified by sufficient signs; because a man knows not otherwise how to obey them. And therefore, whatsoever can from this definition by

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PART II. necessary consequence be deduced, ought to be acknowledged for truth. Now I deduce from it this that followeth.

The sovereign is legislator.

And not subject to

1. The legislator in all commonwealths, is only the sovereign, be he one man, as in a monarchy, or one assembly of men, as in a democracy, or aristocracy. For the legislator is he that maketh the law. And the commonwealth only prescribes, and commandeth the observation of those rules, which we call law therefore the commonwealth is the legislator. But the commonwealth is no person, nor has capacity to do anything, but by the representative, that is, the sovereign; and therefore the sovereign is the sole legislator. For the same reason, none can abrogate a law made, but the sovereign; because a law is not abrogated, but by another law, that forbiddeth it to be put in execution.

2. The sovereign of a commonwealth, be it an civil law. assembly, or one man, is not subject to the civil laws. For having power to make, and repeal laws, he may when he pleaseth, free himself from that subjection, by repealing those laws that trouble him, and making of new; and consequently he was free before. For he is free, that can be free when he will: nor is it possible for any person to be bound to himself; because he that can bind, can release; and therefore he that is bound to himself only, is not bound.

Use, a law

not by virtue

3. When long use obtaineth the authority of a of time, but of law, it is not the length of time that maketh the the sovereign's authority, but the will of the sovereign signified by his silence, for silence is sometimes an argument of consent; and it is no longer law, than the sovereign

consent.

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