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I find the words lex civilis, and jus civile, that is to say "law" and "right civil," promiscuously used for the same thing, even in the most learned authors; which nevertheless ought not to be so. For "right" is "liberty," namely that liberty which the civil law leaves us: but "civil law" is an "obligation," and takes from us the liberty which the law of nature gave us. Nature gave a right to every man to secure himself by his own strength, and to invade a suspected neighbour, by way of prevention: but the civil law takes away that liberty, in all cases where the protection of the law may be safely stayed for. Insomuch as lex and jus, are as different as "obligation" and "liberty."

Likewise "laws" and "charters" are taken promiscuously for the same thing. Yet charters are donations of the sovereign; and not laws, but exemptions from law. The phrase of a law is, jubeo, injungo, "I command" and "enjoin" the phrase of a charter is, dedi, concessi, "I have given," "I have granted": but what is given or granted, to a man, is not forced upon him, by a law. A law may be made to bind all the subjects of a commonwealth: a liberty, or charter is only to one man, or some one part of the people. For to say all the people of a commonwealth, have liberty in any case whatsoever, is to say, that in such case, there hath been no law made; or else having been made, is now abrogated.

CHAPTER XXVII.

Of Crimes, Excuses, and Extenuations.

A SIN, is not only a transgression of a law, but also any contempt of the legislator. For such contempt, is a breach of all his laws at once. And therefore may consist, not only in the "commission" of a fact, or in speaking of words by the laws forbidden, or in the "omission" of