And first it manifest, that Law in generall, is not Counsell, 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 Civill Law, it addeth only the name of the person Commanding, which is Persona Civitatis, the Person of the Common-wealth.

Which considered, I define Civill Law in this Manner.  “Civill law, Is to every Subject, those Rules, which the Common-wealth 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 Lawes are addressed to all the Subjects in generall; some to particular Provinces; some to particular Vocations; and some to particular Men; and are therefore Lawes, to every of those to whom the Command is directed; and to none else.  As also, that Lawes are the Rules of Just, and Unjust; nothing being reputed Unjust, that is not contrary to some Law.  Likewise, that none can make Lawes but the Common-wealth; because our Subjection is to the Common-wealth 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 necessary consequence be deduced, ought to be acknowledged for truth.  Now I deduce from it this that followeth.

The Soveraign Is Legislator 1.  The Legislator in all Common-wealths, is only the Soveraign, 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 Common-wealth only, praescribes, and commandeth the observation of those rules, which we call Law:  Therefore the Common-wealth is the Legislator.  But the Common-wealth is no Person, nor has capacity to doe any thing, but by the Representative, (that is, the Soveraign;) and therefore the Soveraign is the sole Legislator.  For the same reason, none can abrogate a Law made, but the Soveraign; because a Law is not abrogated, but by another Law, that forbiddeth it to be put in execution.

And Not Subject To Civill Law 2.  The Soveraign of a Common-wealth, be it an Assembly, or one Man, is not subject to the Civill Lawes.  For having power to make, and repeale Lawes, he may when he pleaseth, free himselfe from that subjection, by repealing those Lawes 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 himselfe; because he that can bind, can release; and therefore he that is bound to himselfe onely, is not bound.