The English works of Thomas Hobbes of Malmesbury, Volume 03 (of 11)
Thomas Hobbes · en
Sixthly, it is annexed to the sovereignty, to be judge of what opinions
and doctrines are averse, and what conducing to peace; and consequently,
on what occasions, how far, and what men are to be trusted withal, in
speaking to multitudes of people; and who shall examine the doctrines of
all books before they be published. For the actions of men proceed from
their opinions; and in the well-governing of opinions, consisteth the
well-governing of men’s actions, in order to their peace, and concord.
And though in matter of doctrine, nothing ought to be regarded but the
truth; yet this is not repugnant to regulating the same by peace. For
doctrine repugnant to peace, can no more be true, than peace and concord
can be against the law of nature. It is true, that in a commonwealth,
where by the negligence, or unskilfulness of governors, and teachers,
false doctrines are by time generally received; the contrary truths may
be generally offensive. Yet the most sudden, and rough bursting in of a
new truth, that can be, does never break the peace, but only sometimes
awake the war. For those men that are so remissly governed, that they
dare take up arms to defend, or introduce an opinion, are still in war;
and their condition not peace, but only a cessation of arms for fear of
one another; and they live, as it were, in the precincts of battle
continually. It belongeth therefore to him that hath the sovereign
power, to be judge, or constitute all judges of opinions and doctrines,
as a thing necessary to peace; thereby to prevent discord and civil war.
[Sidenote: 7. The right of making rules; whereby the subjects may every
man know what is so his own, as no other subject can without
injustice take it from him.]
Seventhly, is annexed to the sovereignty, the whole power of prescribing
the rules, whereby every man may know, what goods he may enjoy, and what
actions he may do, without being molested by any of his fellow-subjects;
and this is it men call _propriety_. For before constitution of
sovereign power, as hath already been shown, all men had right to all
things; which necessarily causeth war: and therefore this propriety,
being necessary to peace, and depending on sovereign power, is the act
of that power, in order to the public peace. These rules of propriety,
or _meum_ and _tuum_, and of _good_, _evil_, _lawful_, and _unlawful_ in
the actions of subjects, are the civil laws; that is to say, the laws of
each commonwealth in particular; though the name of civil law be now
restrained to the ancient civil laws of the city of Rome; which being
the head of a great part of the world, her laws at that time were in
these parts the civil law.
[Sidenote: 8. To him also belongeth the right of judicature and decision
of controversy.]