The English works of Thomas Hobbes of Malmesbury, Volume 03 (of 11)
Thomas Hobbes · en
The leagues of subjects, because leagues are commonly made for mutual
defence, are in a commonwealth, which is no more than a league of all
the subjects together, for the most part unnecessary, and savour of
unlawful design; and are for that cause unlawful, and go commonly by the
name of factions, or conspiracies. For a league being a connexion of men
by covenants, if there be no power given to any one man or assembly, as
in the condition of mere nature, to compel them to performance, is so
long only valid, as there ariseth no just cause of distrust: and
therefore leagues between commonwealths, over whom there is no human
power established, to keep them all in awe, are not only lawful, but
also profitable for the time they last. But leagues of the subjects of
one and the same commonwealth, where every one may obtain his right by
means of the sovereign power, are unnecessary to the maintaining of
peace and justice, and, in case the design of them be evil or unknown to
the commonwealth, unlawful. For all uniting of strength by private men,
is, if for evil intent, unjust; if for intent unknown, dangerous to the
public, and unjustly concealed.
[Sidenote: Secret cabals.]
If the sovereign power be in a great assembly, and a number of men, part
of the assembly, without authority, consult apart, to contrive the
guidance of the rest; this is a faction, or conspiracy unlawful, as
being a fraudulent seducing of the assembly for their particular
interest. But if he, whose private interest is to be debated and judged
in the assembly, make as many friends as he can; in him it is no
injustice; because in this case he is no part of the assembly. And
though he hire such friends with money, unless there be an express law
against it, yet it is not injustice. For sometimes, as men’s manners
are, justice cannot be had without money; and every man may think his
own cause just, till it be heard, and judged.
[Sidenote: Feuds of private families.]
In all commonwealths, if private men entertain more servants, than the
government of his estate, and lawful employment he has for them
requires, it is faction, and unlawful. For having the protection of the
commonwealth, he needeth not the defence of private force. And whereas
in nations not thoroughly civilized, several numerous families have
lived in continual hostility, and invaded one another with private
force; yet it is evident enough, that they have done unjustly; or else
they had no commonwealth.
[Sidenote: Factions for government.]
And as factions for kindred, so also factions for government of
religion, as of Papists, Protestants, &c. or of state, as patricians,
and plebeians of old time in Rome, and of aristocraticals and
democraticals of old time in Greece, are unjust, as being contrary to
the peace and safety of the people, and a taking of the sword out of the
hand of the sovereign.
[Sidenote: Concourse of people.]