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
consciences, that it is not only an act of an unjust, but also of a
vile, and unmanly disposition.
[Sidenote: 2. Sovereign power cannot be forfeited.]
Secondly, because the right of bearing the person of them all, is given
to him they make sovereign, by covenant only of one to another, and not
of him to any of them; there can happen no breach of covenant on the
part of the sovereign; and consequently none of his subjects, by any
pretence of forfeiture, can be freed from his subjection. That he which
is made sovereign maketh no covenant with his subjects beforehand, is
manifest; because either he must make it with the whole multitude, as
one party to the covenant; or he must make a several covenant with every
man. With the whole, as one party, it is impossible; because as yet they
are not one person: and if he make so many several covenants as there be
men, those covenants after he hath the sovereignty are void; because
what act soever can be pretended by any one of them for breach thereof,
is the act both of himself, and of all the rest, because done in the
person, and by the right of every one of them in particular. Besides, if
any one, or more of them, pretend a breach of the covenant made by the
sovereign at his institution; and others, or one other of his subjects,
or himself alone, pretend there was no such breach, there is in this
case, no judge to decide the controversy; it returns therefore to the
sword again; and every man recovereth the right of protecting himself by
his own strength, contrary to the design they had in the institution. It
is therefore in vain to grant sovereignty by way of precedent covenant.
The opinion that any monarch receiveth his power by covenant, that is to
say, on condition, proceedeth from want of understanding this easy
truth, that covenants being but words and breath, have no force to
oblige, contain, constrain, or protect any man, but what it has from the
public sword; that is, from the untied hands of that man, or assembly of
men that hath the sovereignty, and whose actions are avouched by them
all, and performed by the strength of them all, in him united. But when
an assembly of men is made sovereign; then no man imagineth any such
covenant to have passed in the institution; for no man is so dull as to
say, for example, the people of Rome made a covenant with the Romans, to
hold the sovereignty on such or such conditions; which not performed,
the Romans might lawfully depose the Roman people. That men see not the
reason to be alike in a monarchy, and in a popular government,
proceedeth from the ambition of some, that are kinder to the government
of an assembly, whereof they may hope to participate, than of monarchy,
which they despair to enjoy.
[Sidenote: 3. No man can without injustice protest against the
institution of the sovereign declared by the major part.]