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
_The exercise of all these laws._ Nay, among these laws some
things there are, the omission whereof, provided it be done for
peace or self-preservation, seems rather to be the fulfilling,
than breach of the natural law. For he that doth all things
against those that do all things, and plunders plunderers, doth
equity. But on the contrary, to do that which in peace is a
handsome action, and becoming an honest man, is dejectedness and
poorness of spirit, and a betraying of one’s self, in the time of
war. But there are certain natural laws, whose exercise ceaseth
not even in the time of war itself. For I cannot understand what
drunkenness or cruelty, that is, revenge which respects not the
future good, can advance toward peace, or the preservation of any
man. Briefly, in the state of nature, what is just and unjust, is
not to be esteemed by the actions but by the counsel and
conscience of the actor. That which is done out of necessity, out
of endeavour for peace, for the preservation of ourselves, is done
with right, otherwise every damage done to a man would be a breach
of the natural law, and an injury against God.
[Sidenote: The laws of nature are sometimes broken by an act
agreeable to those laws.]
28. But the laws which oblige conscience, may be broken by an act
not only contrary to them, but also agreeable with them; if so be
that he who does it, be of another opinion. For though the act
itself be answerable to the laws, yet his conscience is against
them.
[Sidenote: The laws of nature are immutable and eternal.]
29. _The laws of nature are immutable and eternal_: what they
forbid, can never be lawful; what they command, can never be
unlawful. For _pride_, _ingratitude_, _breach of contracts_ (or
_injury_), _inhumanity_, _contumely_, will never be lawful, nor the
contrary virtues to these ever unlawful, as we take them for
dispositions of the mind, that is, as they are considered in the
court of conscience, where only they oblige and are laws. Yet
actions may be so diversified by circumstances and the civil law,
that what is done with equity at one time, is guilty of iniquity at
another; and what suits with reason at one time, is contrary to it
another. Yet reason is still the same, and changeth not her end,
which is peace and defence, nor the means to attain them, to wit,
those virtues of the mind which we have declared above, and which
cannot be abrogated by any custom or law whatsoever.
[Sidenote: He who endeavours to fulfil the laws of nature, is just.]