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By Presumption Of Naturall Affection
To Dispose Of The Succession, Though To A King Of Another Nation,
CHAPTER XX. OF DOMINION PATERNALL AND DESPOTICALL
Wherein Different From A Common-wealth By Institution
The Rights Of Soveraignty The Same In Both
Dominion Paternall How Attained Not By Generation, But By Contract
Or Education;
Or Precedent Subjection Of One Of The Parents To The Other
The Right Of Succession Followeth The Rules Of The Rights Of Possession
Despoticall Dominion, How Attained
Not By The Victory, But By The Consent Of The Vanquished
Difference Between A Family And A Kingdom
The Right Of Monarchy From Scripture
Soveraign Power Ought In All Common-wealths To Be Absolute
CHAPTER XXI. OF THE LIBERTY OF SUBJECTS
Liberty What
What It Is To Be Free
Feare And Liberty Consistent
Liberty And Necessity Consistent
Artificiall Bonds, Or Covenants
Liberty Of Subjects Consisteth In Liberty From Covenants
Liberty Of The Subject Consistent With Unlimited Power Of The Soveraign
The Liberty Which Writers Praise, Is The Liberty Of Soveraigns;
Liberty Of The Subject How To Be Measured
Subjects Have Liberty To Defend Their Own Bodies,
Are Not Bound To Hurt Themselves;
Nor To Warfare, Unless They Voluntarily Undertake It
The Greatest Liberty Of Subjects, Dependeth On The Silence Of The Law
In What Cases Subjects Absolved Of Their Obedience To Their Soveraign
In Case Of Captivity
In Case The Soveraign Cast Off The Government From Himself And Heyrs
In Case Of Banishment
In Case The Soveraign Render Himself Subject To Another
CHAPTER XXII. OF SYSTEMES SUBJECT, POLITICALL, AND PRIVATE
The Divers Sorts Of Systemes Of People
In All Bodies Politique The Power Of The Representative Is Limited
By Letters Patents
And The Lawes
When The Representative Is One Man, His Unwarranted Acts His Own Onely
When It Is An Assembly, It Is The Act Of Them That Assented Onely
When It Is An Assembly, They Onely Are Liable That Have Assented
If The Debt Be To One Of The Assembly, The Body Onely Is Obliged
Protestation Against The Decrees Of Bodies Politique
Bodies Politique For Government Of A Province, Colony, Or Town
Bodies Politique For Ordering Of Trade
A Bodie Politique For Counsel To Be Give To The Soveraign
A Regular Private Body, Lawfull, As A Family
Private Bodies Regular, But Unlawfull
Systemes Irregular, Such As Are Private Leagues
Secret Cabals
Feuds Of Private Families
Factions For Government
CHAPTER XXIII. OF THE PUBLIQUE MINISTERS OF SOVERAIGN POWER
Publique Minister Who
Ministers For The Generall Administration
For Speciall Administration, As For Oeconomy
For Instruction Of The People
For Judicature
For Execution
Counsellers Without Other Employment Then To Advise
CHAPTER XXIV. OF THE NUTRITION, AND PROCREATION OF A COMMON-WEALTH
And The Right Of Distribution Of Them
All Private Estates Of Land Proceed Originally
Propriety Of A Subject Excludes Not The Dominion Of The Soveraign,
The Publique Is Not To Be Dieted
The Places And Matter Of Traffique Depend, As Their Distribution,
The Laws Of Transferring Property Belong Also To The Soveraign
Mony The Bloud Of A Common-wealth
The Conduits And Way Of Mony To The Publique Use
The Children Of A Common-wealth Colonies
CHAPTER XXV. OF COUNSELL
Counsell What
Differences Between Command And Counsell
Exhortation And Dehortation What
Differences Of Fit And Unfit Counsellours
CHAPTER XXVI. OF CIVILL LAWES
Civill Law what
The Soveraign Is Legislator
And Not Subject To Civill Law
Use, A Law Not By Vertue Of Time, But Of The Soveraigns Consent
The Law Of Nature, And The Civill Law Contain Each Other
Provinciall Lawes Are Not Made By Custome, But By The Soveraign Power
Some Foolish Opinions Of Lawyers Concerning The Making Of Lawes
Law Made, If Not Also Made Known, Is No Law
Unwritten Lawes Are All Of Them Lawes Of Nature
Nothing Is Law Where The Legislator Cannot Be Known
Difference Between Verifying And Authorising
The Law Verifyed By The Subordinate Judge
By The Publique Registers
By Letters Patent, And Publique Seale
The Interpretation Of The Law Dependeth On The Soveraign Power
All Lawes Need Interpretation
The Authenticall Interpretation Of Law Is Not That Of Writers
The Interpreter Of The Law Is The Judge Giving Sentence Viva Voce
The Sentence Of A Judge, Does Not Bind Him, Or Another Judge
The Difference Between The Letter And Sentence Of The Law
The Abilities Required In A Judge
Divisions Of Law
Another Division Of Law
Divine Positive Law How Made Known To Be Law
Another Division Of Lawes
A Fundamentall Law What
Difference Between Law And Right
And Between A Law And A Charter
CHAPTER XXVII. OF CRIMES, EXCUSES, AND EXTENUATIONS
A Crime What
Where No Civill Law Is, There Is No Crime
Ignorance Of The Law Of Nature Excuseth No Man
Ignorance Of The Civill Law Excuseth Sometimes
Ignorance Of The Soveraign Excuseth Not
Ignorance Of The Penalty Excuseth Not
Punishments Declared Before The Fact, Excuse From Greater Punishments
Nothing Can Be Made A Crime By A Law Made After The Fact
False Principles Of Right And Wrong Causes Of Crime
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