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
Nevertheless we are not to understand, that by such liberty, the
sovereign power of life and death, is either abolished, or limited. For
it has been already shown, that nothing the sovereign representative can
do to a subject, on what pretence soever, can properly be called
injustice, or injury; because every subject is author of every act the
sovereign doth; so that he never wanteth right to anything, otherwise,
than as he himself is the subject of God, and bound thereby to observe
the laws of nature. And therefore it may, and doth often happen in
commonwealths, that a subject may be put to death, by the command of the
sovereign power; and yet neither do the other wrong: as when Jephtha
caused his daughter to be sacrificed: in which, and the like cases, he
that so dieth, had liberty to do the action, for which he is
nevertheless, without injury put to death. And the same holdeth also in
a sovereign prince, that putteth to death an innocent subject. For
though the action be against the law of nature, as being contrary to
equity, as was the killing of Uriah, by David; yet it was not an injury
to Uriah, but to God. Not to Uriah, because the right to do what he
pleased was given him by Uriah himself: and yet to God, because David
was God’s subject, and prohibited all iniquity by the law of nature:
which distinction, David himself, when he repented the fact, evidently
confirmed, saying, _To thee only have I sinned_. In the same manner, the
people of Athens, when they banished the most potent of their
commonwealth for ten years, thought they committed no injustice; and yet
they never questioned what crime he had done; but what hurt he would do:
nay they commanded the banishment of they knew not whom; and every
citizen bringing his oystershell into the market place, written with the
name of him he desired should be banished, without actually accusing
him, sometimes banished an Aristides, for his reputation of justice; and
sometimes a scurrilous jester, as Hyperbolus, to make a jest of it. And
yet a man cannot say, the sovereign people of Athens wanted right to
banish them; or an Athenian the liberty to jest, or to be just.
[Sidenote: The liberty which writers praise, is the liberty of
sovereigns; not of private men.]