University. Free for academic and non-profit use. Please cite in any
publication: ”S. Lindgren and F. Palm (2011), Textometrica Service Package,
online at http://textometrica.humlab.umu.se”.
| | Textometrica created by Simon Lindgren and Fredrik Palm, HUMlab,Umeå University. Free for academic and non-profit use. Please cite in any publication: ”S. Lindgren and F. Palm (2011), Textometrica Service Package, online at http://textometrica.humlab.umu.se”. |
| subject : liberty liberty: subject Complete text of 61126776:For though they that speak of this subject , use to confound Jus, and Lex, Right and Law; yet they ought to be distinguished; because RIGHT, consisteth in liberty to do, or to forbeare; Whereas LAW, determineth, and bindeth to one of them: so that Law, and Right, differ as much, as Obligation, and liberty ; which in one and the same matter are inconsistent Complete text of 61127177:Subordinate Representatives Dangerous It is manifest, that men who are in absolute liberty , may, if they please, give Authority to One Man, to represent them every one; as well as give such Authority to any Assembly of men whatsoever; and consequently may subject themselves, if they think good, to a Monarch, as absolutely, as to any other Representative Complete text of 61127382:" But when the words Free, and liberty , are applyed to any thing but Bodies, they are abused; for that which is not subject to Motion, is not subject to Impediment: And therefore, when 'tis said (for example) The way is free, no liberty of the way is signified, but of those that walk in it without stop Complete text of 61127401:The liberty of a subject , lyeth therefore only in those things, which in regulating their actions, the Soveraign hath praetermitted; such as is the liberty to buy, and sell, and otherwise contract with one another; to choose their own aboad, their own diet, their own trade of life, and institute their children as they themselves think fit; & the like Complete text of 61127402:liberty Of The subject Consistent With Unlimited Power Of The Soveraign Neverthelesse we are not to understand, that by such liberty , the Soveraign Power of life, and death, is either abolished, or limited Complete text of 61127404:And therefore it may, and doth often happen in Common-wealths, that a subject may be put to death, by the command of the Soveraign Power; and yet neither doe the other wrong: as when Jeptha caused his daughter to be sacrificed: In which, and the like cases, he that so dieth, had liberty to doe the action, for which he is neverthelesse, without Injury put to death Complete text of 61127427:liberty Of The subject How To Be Measured To come now to the particulars of the true liberty of a subject ; that is to say, what are the things, which though commanded by the Soveraign, he may neverthelesse, without Injustice, refuse to do; we are to consider, what Rights we passe away, when we make a Common-wealth; or (which is all one,) what liberty we deny our selves, by owning all the Actions (without exception) of the Man, or Assembly we make our Soveraign Complete text of 61127429:And because such arguments, must either be drawn from the expresse words, "I Authorise all his Actions," or from the Intention of him that submitteth himselfe to his Power, (which Intention is to be understood by the End for which he so submitteth;) The Obligation, and liberty of the subject , is to be derived, either from those Words, (or others equivalent;) or else from the End of the Institution of Soveraignty; namely, the Peace of the Subjects within themselves, and their Defence against a common Enemy Complete text of 61127430:Subjects Have liberty To Defend Their Own Bodies, Even Against Them That Lawfully Invade Them First therefore, seeing Soveraignty by Institution, is by Covenant of every one to every one; and Soveraignty by Acquisition, by Covenants of the Vanquished to the Victor, or Child to the Parent; It is manifest, that every subject has liberty in all those things, the right whereof cannot by Covenant be transferred Complete text of 61127435:Again, the Consent of a subject to Soveraign Power, is contained in these words, "I Authorise, or take upon me, all his actions;" in which there is no restriction at all, of his own former naturall liberty : For by allowing him to Kill Me, I am not bound to Kill my selfe when he commands me Complete text of 61127451:In cases where the Soveraign has prescribed no rule, there the subject hath the liberty to do, or forbeare, according to his own discretion Complete text of 61127456:If a subject have a controversie with his Soveraigne, of Debt, or of right of possession of lands or goods, or concerning any service required at his hands, or concerning any penalty corporall, or pecuniary, grounded on a precedent Law; He hath the same liberty to sue for his right, as if it were against a subject ; and before such Judges, as are appointed by the Soveraign Complete text of 61127458:The sute therefore is not contrary to the will of the Soveraign; and consequently the subject hath the liberty to demand the hearing of his Cause; and sentence, according to that Law Complete text of 61127517:Protestation Against The Decrees Of Bodies Politique Sometimes Lawful; But Against Soveraign Power Never It is manifest by this, that in Bodies Politique subordinate, and subject to a Soveraign Power, it is sometimes not onely lawfull, but expedient, for a particular man to make open protestation against the decrees of the Representative Assembly, and cause their dissent to be Registred, or to take witnesse of it; because otherwise they may be obliged to pay debts contracted, and be responsible for crimes committed by other men: But in a Soveraign Assembly, that liberty is taken away, both because he that protesteth there, denies their Soveraignty; and also because whatsoever is commanded by the Soveraign Power, is as to the subject (though not so alwayes in the sight of God) justified by the Command; for of such command every subject is the Author Complete text of 61127942:Upon what ground, but on this submission of their own, "Speak thou to us, and we will heare thee; but let not God speak to us, lest we dye?" By which two places it sufficiently appeareth, that in a Common-wealth, a subject that has no certain and assured Revelation particularly to himself concerning the Will of God, is to obey for such, the Command of the Common-wealth: for if men were at liberty , to take for Gods Commandements, their own dreams, and fancies, or the dreams and fancies of private men; scarce two men would agree upon what is Gods Commandement; and yet in respect of them, every man would despise the Commandements of the Common-wealth Complete text of 61128012:And generally all vain-glorious men, (unlesse they be withall timorous,) are subject to Anger; as being more prone than others to interpret for contempt, the ordinary liberty of conversation: And there are few Crimes that may not be produced by Anger Complete text of 61128041:If that Man, or Assembly, that hath the Soveraign Power, disclaime any Right essentiall to the Soveraignty, whereby there accrueth to the Subject, any liberty inconsistent with the Soveraign Power, that is to say, with the very being of a Common-wealth, if the subject shall refuse to obey the Command in any thing, contrary to the liberty granted, this is neverthelesse a Sinne, and contrary to the duty of the subject : for he ought to take notice of what is inconsistent with the Soveraignty, because it was erected by his own consent, and for his own defence; and that such liberty as is inconsistent with it, was granted through ignorance of the evill consequence thereof Complete text of 61128055:For example, the Law condemneth Duells; the punishment is made capitall: On the contrary part, he that refuseth Duell, is subject to contempt and scorne, without remedy; and sometimes by the Soveraign himselfe thought unworthy to have any charge, or preferment in Warre: If thereupon he accept Duell, considering all men lawfully endeavour to obtain the good opinion of them that have the Soveraign Power, he ought not in reason to be rigorously punished; seeing part of the fault may be discharged on the punisher; which I say, not as wishing liberty of private revenges, or any other kind of disobedience; but a care in Governours, not to countenance any thing obliquely, which directly they forbid Complete text of 61132142:And because I find by divers English Books lately printed, that the Civill warres have not yet sufficiently taught men, in what point of time it is, that a subject becomes obliged to the Conquerour; nor what is Conquest; nor how it comes about, that it obliges men to obey his Laws: Therefore for farther satisfaction of men therein, I say, the point of time, wherein a man becomes subject of a Conquerour, is that point, wherein having liberty to submit to him, he consenteth, either by expresse words, or by other sufficient sign, to be his subject Complete text of 61132147:But if a man, besides the obligation of a subject , hath taken upon him a new obligation of a Souldier, then he hath not the liberty to submit to a new Power, as long as the old one keeps the field, and giveth him means of subsistence, either in his Armies, or Garrisons: for in this case, he cannot complain of want of Protection, and means to live as a Souldier: But when that also failes, a Souldier also may seek his Protection wheresoever he has most hope to have it; and may lawfully submit himself to his new Master Complete text of 61132152:He therefore that is slain, is Overcome, but not Conquered; He that is taken, and put into prison, or chaines, is not Conquered, though Overcome; for he is still an Enemy, and may save himself if hee can: But he that upon promise of Obedience, hath his Life and liberty allowed him, is then Conquered, and a subject ; and not before Complete text of 61132231:And by that means the most men, knowing their Duties, will be the less subject to serve the Ambition of a few discontented persons, in their purposes against the State; and be the lesse grieved with the Contributions necessary for their Peace, and Defence; and the Governours themselves have the lesse cause, to maintain at the Common charge any greater Army, than is necessary to make good the Publique liberty , against the Invasions and Encroachments of forraign Enemies |