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
6. Because, therefore, for the security of particular men, and, by
consequence, for the common peace, it is necessary that the right of
using the sword for punishment be transferred to some man or
council; that man or council is necessarily understood by right to
have the supreme power in the city. For he that by right punisheth
at his own discretion, by right compels all men to all things which
he himself wills; than which a greater command cannot be imagined.
[Sidenote: That the sword of war belongs to him also.]
7. But in vain do they worship peace at home, who cannot defend
themselves against foreigners; neither is it possible for them to
protect themselves against foreigners, whose forces are not united.
And therefore it is necessary for the preservation of particulars,
that there be some one council or one man, who hath the right to
arm, to gather together, to unite so many citizens, in all dangers
and on all occasions, as shall be needful for common defence against
the certain number and strength of the enemy; and again, as often as
he shall find it expedient, to make peace with them. We must
understand, therefore, that particular citizens have conveyed their
whole right of war and peace unto some one man or council; and that
this right, which we may call _the sword of war_, belongs to the
same man or council, to whom the sword of justice belongs. For no
man can by right compel citizens to take up arms and be at the
expenses of war, but he who by right can punish him who doth not
obey. Both swords therefore, as well this of war as that of justice,
even by the constitution itself of a city and essentially do belong
to the chief command.
[Sidenote: The power of judicature belongs to him.]
8. But because the right of the sword, is nothing else but to have
power by right to use the sword at his own will, it follows, that
the judgment of its right use pertains to the same party; for if the
power of judging were in one, and the power of executing in another,
nothing would be done. For in vain would he give judgment, who could
not execute his commands; or, if he executed them by the power of
another, he himself is not said to have the power of the sword, but
that other, to whom he is only an officer. All judgment therefore,
in a city, belongs to him who hath the swords; that is, to him who
hath the supreme authority.
[Sidenote: The legislative power is his also.]