The English works of Thomas Hobbes of Malmesbury, Volume 02 (of 11)
Thomas Hobbes · en
17. It pertains therefore to the harmless and necessary _liberty_ of
subjects, that every man may without fear enjoy the rights which are
allowed him by the laws. For it is in vain to have _our own_
distinguished by the laws from _another’s_, if by wrong judgment,
robbery, or theft, they may be again confounded. But it falls out
so, that these do happen where judges are corrupted. For the fear
whereby men are deterred from doing evil, ariseth not from hence,
namely, because penalties are set, but because they are executed.
For we esteem the future by what is past, seldom expecting what
seldom happens. If therefore judges corrupted either by gifts,
favour, or even by pity itself, do often forbear the execution of
the penalties due by the law, and by that means put wicked men in
hope to pass unpunished: honest subjects encompassed with murderers,
thieves, and knaves, will not have the liberty to converse freely
with each other, nor scarce to stir abroad without hazard; nay, the
_city_ itself is dissolved, and every man’s right of protecting
himself at his own will returns to him. The law of nature therefore
gives this precept to supreme commanders, that they not only do
righteousness themselves, but that they also by penalties cause the
judges, by them appointed, to do the same; that is to say, that they
hearken to the complaints of their subjects; and as oft as need
requires, make choice of some extraordinary judges, who may hear the
matter debated concerning the ordinary ones.
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CHAPTER XIV.
OF LAWS AND TRESPASSES.