The English works of Thomas Hobbes of Malmesbury, Volume 03 (of 11)
Thomas Hobbes · en
From whence we may collect, that the propriety which a subject hath in
his lands, consisteth in a right to exclude all other subjects from the
use of them; and not to exclude their sovereign, be it an assembly, or a
monarch. For seeing the sovereign, that is to say, the commonwealth,
whose person he representeth, is understood to do nothing but in order
to the common peace and security, this distribution of lands, is to be
understood as done in order to the same: and consequently, whatsoever
distribution he shall make in prejudice thereof, is contrary to the will
of every subject, that committed his peace, and safety to his
discretion, and conscience; and therefore by the will of every one of
them, is to be reputed void. It is true, that a sovereign monarch, or
the greater part of a sovereign assembly, may ordain the doing of many
things in pursuit of their passions, contrary to their own consciences,
which is a breach of trust, and of the law of nature; but this is not
enough to authorize any subject, either to make war upon, or so much as
to accuse of injustice, or any way to speak evil of their sovereign;
because they have authorized all his actions, and in bestowing the
sovereign power, made them their own. But in what cases the commands of
sovereigns are contrary to equity, and the law of nature, is to be
considered hereafter in another place.
[Sidenote: The public is not to be dieted.]
In the distribution of land, the commonwealth itself, may be conceived
to have a portion, and possess, and improve the same by their
representative; and that such portion may be made sufficient, to sustain
the whole expense to the common peace, and defence necessarily required.
Which were very true, if there could be any representative conceived
free from human passions, and infirmities. But the nature of men being
as it is, the setting forth of public land, or of any certain revenue
for the commonwealth, is in vain; and tendeth to the dissolution of
government, and to the condition of mere nature, and war, as soon as
ever the sovereign power falleth into the hands of a monarch, or of an
assembly, that are either too negligent of money, or too hazardous in
engaging the public stock into a long or costly war. Commonwealths can
endure no diet: for seeing their expense is not limited by their own
appetite, but by external accidents, and the appetites of their
neighbours, the public riches cannot be limited by other limits, than
those which the emergent occasions shall require. And whereas in
England, there were by the Conqueror, divers lands reserved to his own
use, besides forests and chases, either for his recreation, or
preservation of woods, and divers services reserved on the land he gave
his subjects; yet it seems they were not reserved for his maintenance in
his public, but in his natural capacity. For he, and his successors did
for all that, lay arbitrary taxes on all subjects’ land, when they
judged it necessary.