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
20. Seeing that from the virtue of the covenant, whereby each
subject is tied to the other to perform absolute and universal
obedience (such as is defined above, chap. VI. art. 13) to the city,
that is to say, to the sovereign power, whether that be one man or
council, there is an obligation derived to observe each one of the
civil laws; so that that covenant contains in itself all the laws at
once; it is manifest that the subject who shall renounce the general
covenant of obedience, doth at once renounce all the laws. Which
trespass is so much worse than any other one sin, by how much to sin
_always_, is worse than to sin _once_. And this is that sin which is
called _treason_; and it is a word or deed whereby the citizen or
subject declares, that he will no longer obey that man or court to
whom the supreme power of the city is entrusted. And the subject
declares this same will of his by deed, when he either doth or
endeavours to do violence to the sovereign’s person, or to them who
execute his commands. Of which sort are traitors, regicides, and
such as take up arms against the city, or during a war fly to the
enemy’s side. And they show the same will in word, who flatly deny
that themselves or other subjects are tied to any such kind of
obedience, either in the whole, as he who should say that we must
not obey him (keeping the obedience which we owe to God entire)
simply, absolutely, and universally; or in part, as he who should
say, that he had no right to wage war at his own will, to make
peace, enlist soldiers, levy monies, elect magistrates and public
ministers, enact laws, decide controversies, set penalties, or do
aught else without which the state cannot stand. And these and the
like words and deeds are treason by the natural, not the civil law.
But it may so happen, that some action, which before the civil law
was made, was not treason, yet will become such if it be done
afterwards. As if it be declared by the law, that it shall be
accounted for a sign of renouncing public obedience, that is to say,
for treason, if any man shall coin monies, or forge the privy-seal;
he that after that declaration shall do this, will be no less guilty
of treason than the other. Yet he sins less, because he breaks not
all the laws at once, but one law only. For the law by calling that
treason which by nature is not so, doth indeed by right set a more
odious name, and perhaps a more grievous punishment on the guilty
persons; but it makes not the sin itself more grievous.
[Sidenote: Treason breaks not the civil, but the natural law.]