The English works of Thomas Hobbes of Malmesbury, Volume 02 (of 11) — Thomas Hobbes — John Shaqi
The English works of Thomas Hobbes of Malmesbury, Volume 02 (of 11)
Thomas Hobbes · en
13. _The knowledge of the laws_ depends on the legislator; who must
publish them; for otherwise they are not laws. For law is the
command of the law-maker, and his command is the declaration of his
will; it is not therefore a law, except the will of the law-maker be
declared, which is done by _promulgation_. Now in _promulgation_ two
things must be manifest; whereof one is, that he or they who publish
a law, either have a right themselves to make laws, or that they do
it by authority derived from him or them who have it; the other is
the sense of the law itself. Now, that the first, namely, published
laws, proceed from him who hath the supreme command, cannot be
manifest (speaking exactly and philosophically) to any, but them who
have received them from the mouth of the commander. The rest
believe; but the reasons of their belief are so many, that it is
scarce possible they should not believe. 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 believe those that
were present. But in _monarchies_ and _aristocracies_, because it is
granted but to few to be present, and openly to hear the commands of
the _monarch_ or the _nobles_, it was necessary to bestow a power on
those few of publishing them to the rest. And thus we believe those
to be the _edicts_ and _decrees_ of princes, which are propounded to
us for such, either by the writings or voices of them whose office
it is to publish them. But yet, when we have these causes of belief;
that we have seen the prince or supreme counsel constantly use such
_counsellors_, _secretaries_, _publishers_, and _seals_, and the
like arguments for the declaring of his will; that he never took any
authority from them; that they have been punished, who not giving
credit to such like promulgations have transgressed the law; not
only he who thus believing shall obey the _edicts_ and _decrees_ set
forth by them, is everywhere excused, but he that not believing
shall not yield obedience, is punished. For the constant permission
of these things is a manifest sign enough and evident declaration of
the commander’s will; provided there be nothing contained in the
_law_, _edict_, or _decree_, derogatory from his supreme power. For
it is not to be imagined that he would have aught taken from his
power by any of his officers, as long as he retains a will to
govern. Now the _sense_ of the _law_, when there is any doubt made
of it, is to be taken from them to whom the supreme authority hath
committed the _knowledge of causes_ or _judgments_; for to _judge_,
is nothing else than by _interpretation_ to apply the _laws_ to
particular cases. Now we may know who they are that have this office
granted them, in the same manner as we know who they be that have
authority given them to publish laws.
[Sidenote: The civil law divided into written and unwritten.]