The English works of Thomas Hobbes of Malmesbury, Volume 03 (of 11)
Thomas Hobbes · en
The law of nature excepted, it belongeth to the essence of all other
laws, to be made known, to every man that shall be obliged to obey them,
either by word, or writing, or some other act, known to proceed from the
sovereign authority. For the will of another cannot be understood, but
by his own word, or act, or by conjecture taken from his scope and
purpose; which in the person of the commonwealth, is to be supposed
always consonant to equity and reason. And in ancient time, before
letters were in common use, the laws were many times put into verse;
that the rude people taking pleasure in singing, or reciting them, might
the more easily retain them in memory. And for the same reason Solomon
(_Prov._ vii. 3) adviseth a man, to bind the ten commandments upon his
ten fingers. And for the law which Moses gave to the people of Israel at
the renewing of the covenant (_Deut._ xi. 19), he biddeth them to teach
it their children, by discoursing of it both at home, and upon the way;
at going to bed, and at rising from bed; and to write it upon the posts,
and doors of their houses; and (_Deut._ xxxi. 12) to assemble the
people, man, woman, and child, to hear it read.
[Sidenote: Nothing is law where the legislator cannot be known.]
Nor is it enough the law be written, and published; but also that there
be manifest signs, that it proceedeth from the will of the sovereign.
For private men, when they have, or think they have force enough to
secure their unjust designs, and convoy them safely to their ambitious
ends, may publish for laws what they please, without, or against the
legislative authority. There is therefore requisite, not only a
declaration of the law, but also sufficient signs of the author and
authority. The author, or legislator is supposed in every commonwealth
to be evident, because he is the sovereign, who having been constituted
by the consent of every one, is supposed by every one to be sufficiently
known. And though the ignorance and security of men be such, for the
most part, as that when the memory of the first constitution of their
commonwealth is worn out, they do not consider, by whose power they used
to be defended against their enemies, and to have their industry
protected, and to be righted when injury is done them; yet because no
man that considers, can make question of it, no excuse can be derived
from the ignorance of where the sovereignty is placed. And it is a
dictate of natural reason, and consequently an evident law of nature,
that no man ought to weaken that power, the protection whereof he hath
himself demanded, or wittingly received against others. Therefore of who
is sovereign, no man, but by his own fault, (whatsoever evil men
suggest,) can make any doubt. [Sidenote: Difference between verifying &
authorizing.] The difficulty consisteth in the evidence of the authority
derived from him; the removing whereof, dependeth on the knowledge of
the public registers, public counsels, public ministers, and public