The English works of Thomas Hobbes of Malmesbury, Volume 03 (of 11)
Thomas Hobbes · en
COUNSEL, is where a man saith, _do_, or _do not this_, and deduceth his
reasons from the benefit that arriveth by it to him to whom he saith it.
And from this it is evident, that he that giveth counsel, pretendeth
only, whatsoever he intendeth, the good of him, to whom he giveth it.
Therefore between counsel and command, one great difference is, that
command is directed to a man’s own benefit; and counsel to the benefit
of another man. And from this ariseth another difference, that a man may
be obliged to do what he is commanded; as when he hath covenanted to
obey: but he cannot be obliged to do as he is counselled, because the
hurt of not following it, is his own; or if he should covenant to follow
it, then is the counsel turned into the nature of a command. A third
difference between them is, that no man can pretend a right to be of
another man’s counsel; because he is not to pretend benefit by it to
himself: but to demand right to counsel another, argues a will to know
his designs, or to gain some other good to himself: which, as I said
before, is of every man’s will the proper object.
This also is incident to the nature of counsel; that whatsoever it be,
he that asketh it, cannot in equity accuse, or punish it: for to ask
counsel of another, is to permit him to give such counsel as he shall
think best; and consequently, he that giveth counsel to his sovereign,
whether a monarch, or an assembly, when he asketh it, cannot in equity
be punished for it, whether the same be conformable to the opinion of
the most, or not, so it be to the proposition in debate. For if the
sense of the assembly can be taken notice of, before the debate be
ended, they should neither ask, nor take any further counsel; for the
sense of the assembly, is the resolution of the debate, and end of all
deliberation. And generally he that demandeth counsel, is author of it;
and therefore cannot punish it; and what the sovereign cannot, no man
else can. But if one subject giveth counsel to another, to do anything
contrary to the laws, whether that counsel proceed from evil intention,
or from ignorance only, it is punishable by the commonwealth; because
ignorance of the law is no good excuse, where every man is bound to take
notice of the laws to which he is subject.
[Sidenote: Exhortation and dehortation what.]