Subjecting The Soveraign Power To Civill Lawes

A fourth opinion, repugnant to the nature of a Common-wealth, is this, “That he that hath the Soveraign Power, is subject to the Civill Lawes.” It is true, that Soveraigns are all subjects to the Lawes of Nature; because such lawes be Divine, and cannot by any man, or Common-wealth be abrogated. But to those Lawes which the Soveraign himselfe, that is, which the Common-wealth maketh, he is not subject. For to be subject to Lawes, is to be subject to the Common-wealth, that is to the Soveraign Representative, that is to himselfe; which is not subjection, but freedome from the Lawes. Which errour, because it setteth the Lawes above the Soveraign, setteth also a Judge above him, and a Power to punish him; which is to make a new Soveraign; and again for the same reason a third, to punish the second; and so continually without end, to the Confusion, and Dissolution of the Common-wealth.