The English works of Thomas Hobbes of Malmesbury, Volume 03 (of 11)
Thomas Hobbes · en
As for other liberties, they depend on the silence of the law. In cases
where the sovereign has prescribed no rule, there the subject hath the
liberty to do, or forbear, according to his own discretion. And
therefore such liberty is in some places more, and in some less; and in
some times more, in other times less, according as they that have the
sovereignty shall think most convenient. As for example, there was a
time, when in England a man might enter into his own land, and
dispossess such as wrongfully possessed it, by force. But in aftertimes,
that liberty of forcible entry, was taken away by a statute made, by the
king, in parliament. And in some places of the world, men have the
liberty of many wives: in other places, such liberty is not allowed.
If a subject have a controversy with his sovereign, of debt, or of right
of possession of lands or goods, or concerning any service required at
his hands, or concerning any penalty, corporal, or pecuniary, grounded
on a precedent law; he hath the same liberty to sue for his right, as if
it were against a subject; and before such judges, as are appointed by
the sovereign. For seeing the sovereign demandeth by force of a former
law, and not by virtue of his power; he declareth thereby, that he
requireth no more, than shall appear to be due by that law. The suit
therefore is not contrary to the will of the sovereign; and consequently
the subject hath the liberty to demand the hearing of his cause; and
sentence, according to that law. But if he demand, or take anything by
pretence of his power; there lieth, in that case, no action of law; for
all that is done by him in virtue of his power, is done by the authority
of every subject, and consequently he that brings an action against the
sovereign, brings it against himself.
If a monarch, or sovereign assembly, grant a liberty to all, or any of
his subjects, which grant standing, he is disabled to provide for their
safety, the grant is void; unless he directly renounce, or transfer the
sovereignty to another. For in that he might openly, if it had been his
will, and in plain terms, have renounced, or transferred it, and did
not; it is to be understood it was not his will, but that the grant
proceeded from ignorance of the repugnancy between such a liberty and
the sovereign power; and therefore the sovereignty is still retained;
and consequently all those powers, which are necessary to the exercising
thereof; such as are the power of war, and peace, of judicature, of
appointing officers, and councillors, of levying money, and the rest
named in the 18th chapter.
[Sidenote: In what cases subjects are absolved of their obedience to
their sovereign.]