Leviathan (AmazonClassics Edition)

by Thomas Hobbes

the whole power of prescribing the Rules, whereby every man may know, what Goods he may enjoy and what Actions he may doe, without being molested by any of his fellow Subjects:

though of so unlimited a Power, men may fancy many evill consequences, yet the consequences of the want of it, which is perpetuall warre of every man against his neighbour, are much worse.

And though a People comming into possession of a land by warre, do not alwaies exterminate the ancient Inhabitants, (as did the Jews,) but leave to many, or most, or all of them their Estates; yet it is manifest they hold them afterwards, as of the Victors distribution; as the people of England held all theirs of William the Conquerour.

because ignorance of the Law, is no good excuse, where every man is bound to take notice of the Lawes to which he is subject.

that Law in generall, is not Counsell, but Command; nor a Command of any man to any man; but only of him, whose Command is addressed to one formerly obliged to obey him.

As also, that Lawes are the Rules of Just, and Unjust; nothing being reputed Unjust, that is not contrary to some Law. Likewise, that none can make Lawes but the Common-wealth; because our Subjection is to the Common-wealth only: and that Commands, are to be signified by sufficient Signs; because a man knows not otherwise how to obey them.

Law was brought into the world for nothing else, but to limit the naturall liberty of particular men, in such manner, as they might not hurt, but assist one another, and join together against a common Enemy.

That Law can never be against Reason, our Lawyers are agreed; and that not the Letter, (that is, every construction of it,) but that which is according to the Intention of the Legislator, is the Law.

The Lawes of Nature therefore need not any publishing, nor Proclamation; as being contained in this one Sentence, approved by all the world, Do not that to another, which thou thinkest unreasonable to be done by another to thy self.

Nor is it enough the Law be written, and published; but also that there be manifest signs, that it proceedeth from the will of the Soveraign.

For it is not the Letter, but the Intendment, or Meaning; that is to say, the authentique Interpretation of the Law (which is the sense of the Legislator,) in which the nature of the Law consisteth; And therefore the Interpretation of all Lawes dependeth on the Authority Soveraign; and the Interpreters can be none but those, which the Soveraign, (to whom only the Subject oweth obedience) shall appoint. For else, by the craft of an Interpreter, the Law my be made to beare a sense, contrary to that of the Soveraign; by which means the Interpreter becomes the Legislator.

all the Sentences of precedent Judges that have ever been, cannot all together make a Law contrary to naturall Equity:

The things that make a good Judge, or good Interpreter of the Lawes, are, first A right understanding of that principall Law of Nature called Equity; which depending not on the reading of other mens Writings, but on the goodnesse of a man’s own naturall Reason, and Meditation, is presumed to be in those most, that have had most leisure, and had the most inclination to meditate thereon. Secondly, Contempt Of Unnecessary Riches, and Preferments. Thirdly, To be able in judgment to devest himself of all feare, anger, hatred, love, and compassion. Fourthly, and lastly, Patience to heare; diligent attention in hearing; and memory to retain, digest and apply what he hath heard.

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 Civill Law takes away that Liberty, in all cases where the protection of the Law may be safely stayd for.

the Popularity of a potent Subject, (unlesse the Common-wealth have very good caution of his fidelity,) is a dangerous Disease; because the people (which should receive their motion from the Authority of the Soveraign,) by the flattery, and by the reputation of an ambitious man, are drawn away from their obedience to the Lawes, to follow a man, of whose vertues, and designes they have no knowledge. And this is commonly of more danger in a Popular Government, than in a Monarchy; as it may easily be made believe, they are the People. By this means it was, that Julius Caesar, who was set up by the People against the Senate, having won to himself the affections of his Army, made himself Master, both of Senate and People. And this proceeding of popular, and ambitious men, is plain Rebellion; and may be resembled to the effects of Witchcraft.

For Gods Kingdom was in Palestine; and the Nations round about, were the Kingdomes of the Enemy; and consequently by Satan, is meant any Earthly Enemy of the Church.

As for the inward thought, and beleef of men, which humane Governours can take no notice of, (for God onely knoweth the heart) they are not voluntary, nor the effect of the laws, but of the unrevealed will, and of the power of God; and consequently fall not under obligation.

There is another Errour in their Civill Philosophy (which they never learned of Aristotle, nor Cicero, nor any other of the Heathen,) to extend the power of the Law, which is the Rule of Actions onely, to the very Thoughts, and Consciences of men, by Examination, and Inquisition of what they Hold, notwithstanding the Conformity of their Speech and Actions: By which, men are either punished for answering the truth of their thoughts, or constrained to answer an untruth for fear of punishment.