The English works of Thomas Hobbes of Malmesbury, Volume 03 (of 11) — Thomas Hobbes — John Shaqi
The English works of Thomas Hobbes of Malmesbury, Volume 03 (of 11)
Thomas Hobbes · en
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CHAPTER XVIII.
OF THE RIGHTS OF SOVEREIGNS BY INSTITUTION.
[Sidenote: The act of instituting a commonwealth, what.]
A _commonwealth_ is said to be _instituted_, when a _multitude_ of men
do agree; and _covenant, every one, with every one_, that to whatsoever
_man_, or _assembly of men_, shall be given by the major part, the
_right_ to _present_ the person of them all, that is to say, to be their
_representative_; every one, as well he that _voted for it_, as he that
_voted against it_, shall _authorize_ all the actions and judgments, of
that man, or assembly of men, in the same manner, as if they were his
own, to the end, to live peaceably amongst themselves, and be protected
against other men.
[Sidenote: The consequences to such institution, are.]
From this institution of a commonwealth are derived all the _rights_,
and _faculties_ of him, or them, on whom sovereign power is conferred by
the consent of the people assembled.
[Sidenote: 1. The subjects cannot change the form of government.]
First, because they covenant, it is to be understood, they are not
obliged by former covenant to anything repugnant hereunto. And
consequently they that have already instituted a commonwealth, being
thereby bound by covenant, to own the actions, and judgments of one,
cannot lawfully make a new covenant, amongst themselves, to be obedient
to any other, in any thing whatsoever, without his permission. And
therefore, they that are subjects to a monarch, cannot without his leave
cast off monarchy, and return to the confusion of a disunited multitude;
nor transfer their person from him that beareth it, to another man, or
other assembly of men: for they are bound, every man to every man, to
own, and be reputed author of all, that he that already is their
sovereign, shall do, and judge fit to be done: so that any one man
dissenting, all the rest should break their covenant made to that man,
which is injustice: and they have also every man given the sovereignty
to him that beareth their person; and therefore if they depose him, they
take from him that which is his own, and so again it is injustice.
Besides, if he that attempteth to depose his sovereign, be killed, or
punished by him for such attempt, he is author of his own punishment, as
being by the institution, author of all his sovereign shall do: and
because it is injustice for a man to do anything, for which he may be
punished by his own authority, he is also upon that title, unjust. And
whereas some men have pretended for their disobedience to their
sovereign, a new covenant, made, not with men, but with God; this also
is unjust: for there is no covenant with God, but by mediation of
somebody that representeth God’s person; which none doth but God’s
lieutenant, who hath the sovereignty under God. But this pretence of
covenant with God, is so evident a lie, even in the pretenders’ own