Thomas Hobbes

“ Positive is that, which God hath revealed to us by the word of Prophesie, wherein he hath spoken unto men as a man: Such are the Lawes which he gave to the Jewes concerning their government, and divine worship, and they may be termed the Divine civill Lawes, because they were peculiar to the civill government of the Jewes, his peculiar people. Again, the naturall Law may be divided into that of Men, which alone hath obtained the title of the Law of nature, and that of Cities, which may be called that of Nations, but vulgarly it is termed the Right of Nations. ”

“ By the distributive it is, that every man hath his proper Right, that is to say, it sets forth Rules for all things, whereby we may know what is properly ours, what another mans; so as others may not hinder us from the free use and enjoyment of our own; and we may not interrupt others in the quiet possession of theirs; and what is lawfull for every man to doe or omit, and what is not lawfull. Vindicative is that whereby it is defined what punishment shall be inflicted on them who break the Law. ”

“ X. Seeing therefore our obligation to observe those Laws, is more ancient then the promulgation of the Laws themselves, as being contained in the very constitution of the City, by the vertue of the naturall Law which forbids breach of Covenant, the Law of nature commands us to keep all the civill Laws; for where we are tyed to obedience, before we know what will be commanded us, there we are universally tyed to obey in all things. ”

“ For although another should take that away from you which you have caught, it hinders not, but that it still remains yours; for in the state of nature where all things are common to all, yours, and others, are all one, insomuch as what the Law defines to be yours, was yours even before the Law, and after the Law ceases not to bee yours, although in another mans possession. ”

“ Now naturall liberty is a Right not constituted, but allowed by the Lawes. For the Lawes being removed, our liberty is absolute; This is first restrained by the naturall, and divine Lawes, the residue is bounded by the civill Law, and what remains may again be restrained by the constitutions of particular Towns, and Societies. There is great difference therefore between Law, and Right; For Law is a fetter, Right is freedome, and they differ like contraries. ”

“ But indeed that's no right definition of a Civill Law; for in that place a City is taken either for one civill person, having one will, or for a multitude of men who have each of them the liberty of their private wills. If for one person, those words, common consent, are ill placed here, for one person hath no common consent ”

“ For seeing it is impossible to prescribe such universall Rules, whereby all future contentions which perhaps are infinite, may be determined, its to be understood that in all cases not mentioned by the written lawes, the law of naturall equity is to be followed, which commands us to distribute equally to equals; and this by the vertue of the civill law, which also punisheth those who knowingly and willingly doe actually transgresse the lawes of nature. ”

“ They object farther, that since I had elsewhere said that it might be knowne there is a God, by naturall reason, I ought to have acknowledged that they sin at least against the Law of nature, and therefore are not only guilty of imprudence, but injustice too. But I am so much an enemy to Atheists, that I have both diligently sought for, and vehemently desired to find some Law whereby I might condemne them of injustice; but when I found none, I enquired next what name God himselfe did give to men so detested by him. ”

“ Wherefore the Law doth nothing, unlesse it bee understood to bee so yours, as all other men be forbidden to interrupt your free use, and secure enjoyment of it at all times, according to your own will, and pleasure. For this is that which is required to a propriety of goods, not that a man may be able to use them, but to use them alone, which is done by prohibiting others to be an hinderance to him. But in vain doe they also prohibit any men, who doe not withall strike a fear of punishment into them ”

“ XVII. But when we speak of the Lawes, the word Sinne is taken in a more strict sense, and signifies not every thing done against right reason, but that onely which is blameable, and therefore is call'd malum culpae, the evill of fault; but yet if any thing be culpable it is not presently to be term'd a sinne, or fault, but onely if it be blameable with reason. We must therefore enquire what is to be blameable with reason, what against reason. Such is the nature of man, that every one calls that good which he desires, and evill which he eschewes ”

“ XVIII. But a man may doe somewhat against the Lawes through humane infirmity, although he desire to fulfill them, and yet his action as being against the Lawes, is rightly blam'd, and call'd a Sinne. But there are some, who neglect the Lawes, and as oft as any hope of gain and impunity doth appear to them, no conscience of contracts and betrothed faith can withhold them from their violation. Not only the deeds, but even the mindes of these men are against the Lawes. They who sinne onely through infirmity, are good men even when they sinne; but these even when they doe not sin, are wicked. ”

“ And truly in a Democratical City where every one may be present at the making of Laws if he will, he that shall be absent, must beleeve those that were present; but in monarchies and Aristocraties, because its granted but to few to be present, and openly to heare the commands of the monarch or the Nobles, it was necessary to bestow a power on those few of publishing them to the rest. ”

“ The other, as containing a condition, for example, Thou shalt not doe this thing, unlesse thou wilt suffer punishment; and thus, the Law forbids not simply, but conditionally. If it be understood in the first sense, he that doth it, sins, because he doth what the Law forbids to be done; if in the second, he sins not, because he cannot be said to doe what is forbidden him, that performs the condition; For in the first sense, all men are forbidden to doe it; in the second, they only who keep themselves from the punishment. ”

“ He therefore by a City understood a multitude of men declaring by common consent (imagine it a writing confirm'd by Votes) some certain formes of living; but these are nothing else but some mutuall contracts which oblige not any man (and therefore are no Lawes) before that a Supreme Power being constituted which can compell, have sufficient remedy against the rest, who otherwise are not likely to keep them. ”

“ I say therefore, that although it may be knowne to some by the light of reason that there is a God, yet men that are continually engaged in pleasures, or seeking of riches and honour, also men that are not wont to reason aright, or cannot do it, or care not to doe it, lastly, fools, in which number are Atheists, cannot know this. XX. Seeing that from the vertue of the Covenant whereby each Subject is tyed to the other to perform absolute and universall obedience (such as is defined above Chap. 6. art. 13.) ”

“ They may agree indeed in some certaine generall things, as that theft, adultery, and the like are sinnes, as if they should say that all men account those things evill to which they have given names which are usually taken in an evill sense; but we demand not whether theft be a Sinne, but what is to be term'd theft, and so concerning other in like manner. ”

“ This speech seems so farre forth to be admitted, that though this kind of sin be the greatest and most hurtful, yet is it to be refer'd to sins of imprudence*; but that it should be excused by imprudence or ignorance, is absurd. For the Atheist is punisht either immediately by God himselfe, or by Kings constituted under God; not as a Subject is punished by a King, because he keeps not the Lawes, but as one enemy by another, because he would not accept of the Lawes ”

“ XII. The knowledge of the Legislator depends on the Subject himselfe; for the right of making Lawes could not be conferr'd on any man without his owne consent, and covenant, either exprest, or suppos'd; exprest, when from the beginning the Citizens doe themselves constitute a forme of governing the City, or when by promise they submit themselves to the Dominion of any one ”

“ Chap.) do covenant to obey his commands who hath the supreme power, that is to say the civill Lawes, in the very constitution of government, even before it is possible to break them. For the Law of nature did oblige in the state of nature, where first (because nature hath given all things to all men) nothing did properly belong to another, and therefore it was not possible to invade anothers right ”