The fuller reasons of this Definition of a Law, I have given in another Writing. Signum is the Genus of it; The ⟨p. 60⟩will of a Ruler being no otherwise to be known to Subjects, but by signs: The Relations of [Ruler and Subjects] is presupposed:1 It is therefore only an Authoritative sign, or the sign of [a Rulers] will, because a Ruler only hath the Power of Government: I say of his [Will] as that which is the nearest perfective Efficient, or Imperant faculty, including the understandings conduct. I call it [an institution] or [instituting sign] to signify its efficiency de debito, and to distinguish it from [the judicial decisive determination of the Ruler.] It is only [to Subjects] that this signification is made, he being not a Ruler to any others. The product of the Institution or Statutum, is only Debitum, which is the immediate full effect of Laws: This Debitum is twofold, 1. Officii, what shall be Due from the Subject (or what shall be the Subjects duty.)2 2. What shall be due to him, 1. If he keep the Law, which is the Debitum praemii: 2. If he break it, which is the Debitum poenae: I say [to the ends of Government.] For it is a Relation which must have the end in the definition; and seeing I only define a Law in genere, I mention but [the ends of Government] in genere:3 For several Governments have several ends: The Government of single persons only, as of a scholar, a son, a servant, by a Tutor, Parent, Master, intendeth proximately but the good of the individual subject: The mandates of such Rulers, have the true nature of a Law, though it be of the lower sort, as is the Government; And Custom hath appropriated the word [Law] to a nobler species only. The Government of Societies is always immediately for [the Order of the Society:] But not always for their good; much less chiefly: The Government of a society of Slaves (as the Spaniards over the Peruvians and Mexicans in digging their Mines) is for the Order of those Slaves, but for the benefit of the Lords. The Government of some Armies, is for the Order of the Armies, but for the good of those they fight for. The Government of a true Common-wealth is for the Bonum publicum, the common good, which includeth the happiness of the Rulers with the Subjects.
The fuller reasons of this Definition of a Law, I have given in another Writing. Signum is the Genus of it; The ⟨p. 60⟩will of a Ruler being no otherwise to be known to Subjects, but by signs: The Relations of [Ruler and Subjects] is presupposed:1 It is therefore only an Authoritative sign, or the sign of [a Rulers] will, because a Ruler only hath the Power of Government: I say of his [Will] as that which is the neerest perfective Efficient, or Imperant faculty, including the understandings conduct. I call it [an institution] or [instituting sign] to signifie its efficiency de debito, and to distinguish it from [the judicial decisive determination of the Ruler.] It is only [to Subjects] that this signification is made, he being not a Ruler to any others. The product of the Institution or Statutum, is only Debitum, which is the immediate full effect of Laws: This Debitum is twofold, 1. Officii, what shall be Due from the Subject (or what shall be the Subjects duty.)2 2. What shall be due to him, 1. If he keep the Law, which is the Debitum praemii: 2. If he break it, which is the Debitum poenae: I say [to the ends of Government.] For it is a Relation which must have the end in the definition; and seeing I only define a Law in genere, I mention but [the ends of Government] in genere:3 For several Governments have several ends: The Government of single persons only, as of a scholar, a son, a servant, by a Tutor, Parent, Master, intendeth proximately but the good of the individual subject: The mandates of such Rulers, have the true nature of a Law, though it be of the lower sort, as is the Government; And Custom hath appropriated the word [Law] to a nobler species only. The Government of Societies is always immediately for [the Order of the Society:] But not always for their good; much less chiefly: The Government of a society of Slaves (as the Spaniards over the Peruvians and Mexicans in digging their Mines) is for the Order of those Slaves, but for the benefit of the Lords. The Government of some Armies, is for the Order of the Armies, but for the good of those they fight for. The Government of a true Common-wealth is for the Bonum publicum, the common good, which includeth the happiness of the Rulers with the Subjects.
- 1Lex nihil aliud est, quàm recta & à numine Deorum ratio, imperans honesta, prohibensque contraria. Cicero Phil. 1. Vitiorum emendatricem legem esse oportet, commendatricemque virtutum: Ab ea enim vivendi doctrina ducitur. Cicer. 1. de leg.
- 2Ad salurem Civium, civitatumque incolumitatem, vitamque hominum & quietam & beatam, conditae sunt Leges. Cicer. 1. de leg.
- 3A majoribus nostris nulla alia de causa leges sunt inventae, nisi ut suos cives incolumes conservatent. Cicer. in Vatin. Nil est tam aptum ad jus conditionemque naturae sine quo nec domus ulla, nec civitas, nec gens, nec hominum universum genus, stare, nec rerum natura omnis, nec ipse mundus potest. Nam & hic Deo paret, & huic obediunt maria terraeque & hominum vita jussis supremae legis obtemperat. Cicer. de leg. 3. p. 253, 254.
