Decision in all debates, &c. annexed to the sword.
9. Moreover, seeing to have the right of the sword, is nothing else but to have the use thereof depending only on the judgment and discretion of him or them that have it, it followeth, that the power of indenture in all controversies, wherein the sword of justice is to be used; and in all deliberations concerning war, wherein the use of that sword is required, the right of resolving and determining what is to be done, belong to the same sovereign.
Laws civil, &c.
10. Further, considering it is no less, but much more necessary to prevent violence and rapine, than to punish the same when it is committed, and all violence proceedeth from controversies that arise between men concerning meum and tuum, right and wrong, good and bad, and the like, which men use every one to measure by their own judgments, it belongeth also to the judgment of the same sovereign power, to set forth and make known the common measure by which every man is to know what is his, and what another’s; what is good, and what bad, and what he ought to do, and what not, and to command the same to be observed. And these measures of the actions of the subjects are those, which men call laws politic, or civil: the making whereof, must of right belong to him that hath the power of the sword, by which men are compelled to observe them; for otherwise they should be made in vain.
Appointment of magistrates, &c.
11. Furthermore, seeing it is impossible that any one man that hath such sovereign power, can be able, in person, to hear and determine all controversies, to be present at all deliberations concerning common good, and to execute and perform all those common actions that belong thereunto, whereby there will be necessity of magistrates and ministers of public affairs; it is consequent, that the appointment, nomination, and limitation of the same be understood, as an inseparable part of the same sovereignty, to which the sum of all judicature, and execution, hath been already annexed.
Sovereign power includeth impunity.
12. And forasmuch, as the right to use the forces of every particular member, is transferred from themselves, to their sovereign, a man will easily fall upon this conclusion of himself, that to sovereign power, whatsoever it doth, there belongeth impunity.
A supposed commonwealth where laws are made first, and the commonwealth after.
13. The sum of these rights of sovereignty; namely, the absolute use of the sword in peace and war, the making and abrogating of laws, supreme judicature, and decision, in all debates judicial and deliberative, the nomination of all magistrates and ministers, with other rights contained in the same, make the sovereign power no less absolute in the commonwealth, than before commonwealth every man was absolute in himself, to do, or not to do, what he thought good; which men, that have not had the experience of that miserable estate, to which men are reduced by long war, think so hard a condition, that they cannot easily acknowledge such covenants, and subjection on their parts, as are here set down, to have been ever necessary to their peace. And therefore some have imagined, that a commonwealth may be constituted in such manner, as the sovereign power may be so limited, and moderated, as they shall think fit themselves. For example: they suppose a multitude of men to have agreed upon certain articles, which they presently call laws, declaring how they will be governed, and that done, to agree further upon some man, or number of men, to see the same articles performed, and put in execution; and to enable him, or them, thereunto, they allot unto them a provision limited, as of certain lands, taxes, penalties, and the like, than which, if mispent, they shall have no more, without a new consent of the same men that allowed the former. And thus they think they have made a commonwealth, in which it is unlawful for any private man to make use of his own sword for his security; wherein they deceive themselves.