The English works of Thomas Hobbes of Malmesbury, Volume 02 (of 11)
Thomas Hobbes · en
1. They who less seriously consider the force of words, do sometimes
confound _law_ with _counsel_, sometimes with _covenant_, sometimes
with _right_. They confound _law_ with _counsel_, who think that it
is the duty of monarchs not only to give ear to their _counsellors_,
but also to obey them; as though it were in vain to take _counsel_,
unless it were also followed. We must fetch the distinction between
_counsel_ and _law_, from the difference between _counsel_ and
_command_. Now _counsel_ is a _precept_, in which the reason of my
obeying it is taken from _the thing itself which is advised_; but
_command_ is a _precept_, in which the cause of my obedience depends
on _the will of the commander_. For it is not properly said, _thus I
will and thus I command_, except the will stand for a reason. Now
when obedience is yielded to the laws, not for the thing itself, but
by reason of the adviser’s will, the law is not a _counsel_, but a
_command_, and is defined thus: _law is the command of that person,
whether man or court, whose precept contains in it the reason of
obedience_: as the precepts of God in regard of men, of magistrates
in respect of their subjects, and universally of all the powerful in
respect of them who cannot resist, may be termed their laws. _Law_
and _counsel_ therefore differ many ways. _Law_ belongs to him who
hath power over them whom he adviseth; _counsel_ to them who have no
power. To follow what is prescribed by _law_, is _duty_; what by
_counsel_, is _free-will_. _Counsel_ is directed to his end, that
receives it; _law_, to his that gives it. _Counsel_ is given to none
but the willing; _law_ even to the unwilling. To conclude, the right
of the _counsellor_ is made void by the will of him to whom he gives
counsel; the right of the _law-giver_ is not abrogated at the
pleasure of him who hath a _law_ imposed.
[Sidenote: How it differs from a covenant.]