Subjecting The Soveraign Power To Civill Lawes A fourth opinion, repugnant to the nature of a Common-wealth, is this, “That he that hath the Soveraign Power, is subject to the Civill Lawes.”  It is true, that Soveraigns are all subjects to the Lawes of Nature; because such lawes be Divine, and cannot by any man, or Common-wealth be abrogated.  But to those Lawes which the Soveraign himselfe, that is, which the Common-wealth maketh, he is not subject.  For to be subject to Lawes, is to be subject to the Common-wealth, that is to the Soveraign Representative, that is to himselfe; which is not subjection, but freedome from the Lawes.  Which errour, because it setteth the Lawes above the Soveraign, setteth also a Judge above him, and a Power to punish him; which is to make a new Soveraign; and again for the same reason a third, to punish the second; and so continually without end, to the Confusion, and Dissolution of the Common-wealth.

Attributing Of Absolute Propriety To The Subjects A Fifth doctrine, that tendeth to the Dissolution of a Common-wealth, is, “That every private man has an absolute Propriety in his Goods; such, as excludeth the Right of the Soveraign.”  Every man has indeed a Propriety that excludes the Right of every other Subject:  And he has it onely from the Soveraign Power; without the protection whereof, every other man should have equall Right to the same.  But if the Right of the Soveraign also be excluded, he cannot performe the office they have put him into; which is, to defend them both from forraign enemies, and from the injuries of one another; and consequently there is no longer a Common-wealth.

And if the Propriety of Subjects, exclude not the Right of the Soveraign Representative to their Goods; much lesse to their offices of Judicature, or Execution, in which they Represent the Soveraign himselfe.

Dividing Of The Soveraign Power There is a Sixth doctrine, plainly, and directly against the essence of a Common-wealth; and ’tis this, “That the Soveraign Power may be divided.”  For what is it to divide the Power of a Common-wealth, but to Dissolve it; for Powers divided mutually destroy each other.  And for these doctrines, men are chiefly beholding to some of those, that making profession of the Lawes, endeavour to make them depend upon their own learning, and not upon the Legislative Power.

Imitation Of Neighbour Nations And as False Doctrine, so also often-times the Example of different Government in a neighbouring Nation, disposeth men to alteration of the forme already setled.  So the people of the Jewes were stirred up to reject God, and to call upon the Prophet Samuel, for a King after the manner of the Nations; So also the lesser Cities of Greece, were continually disturbed, with seditions of the Aristocraticall, and Democraticall factions; one part of almost every Common-wealth, desiring to imitate the Lacedaemonians; the other, the Athenians.  And I doubt not, but many men, have been contented