The English works of Thomas Hobbes of Malmesbury, Volume 03 (of 11)
Thomas Hobbes · en
And a representative of even number, especially when the number is not
great, whereby the contradictory voices are oftentimes equal, is
therefore oftentimes mute, and incapable of action. Yet in some cases
contradictory voices equal in number, may determine a question; as in
condemning, or absolving, equality of votes, even in that they condemn
not, do absolve; but not on the contrary condemn, in that they absolve
not. For when a cause is heard; not to condemn, is to absolve: but on
the contrary, to say that not absolving, is condemning, is not true. The
like it is in a deliberation of executing presently, or deferring till
another time: for when the voices are equal, the not decreeing
execution, is a decree of dilation.
[Sidenote: Negative voice.]
Or if the number be odd, as three, or more, men or assemblies; whereof
every one has by a negative voice, authority to take away the effect of
all the affirmative voices of the rest, this number is no
representative; because by the diversity of opinions, and interests of
men, it becomes oftentimes, and in cases of the greatest consequence, a
mute person, and unapt, as for many things else, so for the government
of a multitude, especially in time of war.
Of authors there be two sorts. The first simply so called; which I have
before defined to be him, that owneth the action of another simply. The
second is he, that owneth an action, or covenant of another
conditionally; that is to say, he undertaketh to do it, if the other
doth it not, at, or before a certain time. And these authors
conditional, are generally called SURETIES, in Latin, _fidejussores_,
and _sponsores_; and particularly for debt, _prædes_; and for appearance
before a judge, or magistrate, _vades_.
PART II.
OF COMMONWEALTH.
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CHAPTER XVII.
OF THE CAUSES, GENERATION, AND DEFINITION
OF A COMMONWEALTH.
[Sidenote: The end of commonwealth, particular security:]
The final cause, end, or design of men, who naturally love liberty, and
dominion over others, in the introduction of that restraint upon
themselves, in which we see them live in commonwealths, is the foresight
of their own preservation, and of a more contented life thereby; that is
to say, of getting themselves out from that miserable condition of war,
which is necessarily consequent, as hath been shown in chapter XIII, to
the natural passions of men, when there is no visible power to keep them
in awe, and tie them by fear of punishment to the performance of their
covenants, and observation of those laws of nature set down in the
fourteenth and fifteenth chapters.
[Sidenote: Which is not to be had from the law of nature:]