le right of laying down laws, and of interpreting the same, whenever
their meaning is disputed, and of deciding whether a given case is in
conformity with or violation of the laws; and, lastly, of waging war,
and of drawing up and offering propositions for peace, or of accepting
such when offered.
As all these functions, and also the means required to execute them, are
matters which regard the whole body of the dominion, that is, are
affairs of state, it follows that affairs of state depend on the
direction of him only who holds supreme dominion. And hence it follows
that it is the right of the supreme authority alone to judge the deeds
of every individual, and demand of him an account of the same; to punish
criminals, and decide questions of law between citizens, or appoint
jurists acquainted with the existing laws, to administer these matters
on its behalf; and, further, to use and order all means to war and
peace, as to found and fortify cities, levy soldiers, assign military
posts, and order what it would have done, and, with a view to peace, to
send and give audience to ambassadors; and, finally, to levy the costs
of all this.
Since, then, it is the right of the supreme authority alone to handle
public matters, or choose officials to do so, it follows that that
subject is a pretender to the dominion, who, without the supreme
council's knowledge, enters upon any public matter, although he believe
that his design will be to the best interest of the commonwealth.
But it is often asked, whether the supreme authority is bound by laws,
and, consequently, whether it can do wrong. Now as the words "law" and
"wrong-doing" often refer not merely to the laws of a commonwealth, but
also to the general rules which concern all natural things, and
especially to the general rules of reason, we cannot, without
qualification, say that the commonwealth is bound by no laws, or can do
no wrong. For were the commonwealth bound by no laws or rules, which
removed, the commonwealth were no commonwealth, we should have to regard
it not as a natural thing, but as a chimera. A commonwealth then does
wrong, when it does, or suffers to be done, things which may be the
cause of its own ruin; and we can say that it then does wrong, in the
sense in which philosophers or doctors say that Nature does wrong; and
in this sense we can say, that a commonwealth does wrong, when it acts
against the dictate of reason. For a commonwealth is most indepe
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