The English works of Thomas Hobbes of Malmesbury, Volume 02 (of 11)
Thomas Hobbes · en
9. Now because it comes from the civil laws, both that every man
have _his proper right_ and distinguished from _another’s_, and also
that he is forbidden to invade another’s rights; it follows that
these precepts: _Thou shalt not refuse to give the honour defined by
the laws, unto thy parents_: _Thou shalt not kill the man, whom the
laws forbid thee to kill_: _Thou shalt avoid all copulation
forbidden by the laws_: _Thou shalt not take away another’s goods,
against the lords will_: _Thou shalt not frustrate the laws and
judgments by false testimony_: are civil laws. The natural laws
command the same things, but implicitly. For the law of nature (as
hath been said in chap. III. art. 2) commands us to _keep
contracts_; and therefore also to perform obedience, when we have
covenanted obedience, and to abstain from another’s goods, when it
is determined by the civil law what belongs to another. But all
subjects (by chap. VI. art. 13) do _covenant_ to obey his commands
who hath the supreme power, that is to say, the civil laws, 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 another’s right; next, where all things were common, and
therefore all carnal copulations lawful; thirdly, where was the
state of war, and therefore lawful to kill; fourthly, where all
things were determined by every man’s own judgment, and therefore
paternal respects also; lastly, where there were no public
judgments, and therefore no use of bearing witness, either true or
false.
[Sidenote: It is not possible to command aught by the civil law,
contrary to the laws of nature.]
10. Seeing therefore our obligation to observe those laws is more
ancient than the promulgation of the laws themselves, as being
contained in the very constitution of the city; by the virtue of the
natural law which forbids breach of covenant, the law of nature
commands us to keep all the civil laws. For where we are tied to
obedience before we know what will be commanded us, there we are
universally tied to obey in all things. Whence it follows, that no
civil law whatsoever, which tends not to a reproach of the Deity,
(in respect of whom cities themselves have no right of their own,
and cannot be said to make laws), can possibly be against the law of
nature. For though the law of nature forbid theft, adultery, &c; yet
if the civil law command us to invade anything, that invasion is not
theft, adultery, &c. For when the Lacedæmonians of old permitted
their youths, by a certain law, to take away other men’s goods, they
commanded that these goods should not be accounted other men’s, but
their own who took them; and therefore such surreptions were no
thefts. In like manner, copulations of heathen sexes, according to
their laws, were lawful marriages.