The English works of Thomas Hobbes of Malmesbury, Volume 03 (of 11)
Thomas Hobbes · en
seals; by which all laws are sufficiently verified; verified, I say, not
authorized: for the verification, is but the testimony and record, not
the authority of the law; which consisteth in the command of the
sovereign only.
[Sidenote: The law verified by the subordinate judge.]
If therefore a man have a question of injury, depending on the law of
nature; that is to say, on common equity; the sentence of the judge,
that by commission hath authority to take cognizance of such causes, is
a sufficient verification of the law of nature in that individual case.
For though the advice of one that professeth the study of the law, be
useful for the avoiding of contention; yet it is but advice: it is the
judge must tell men what is law, upon the hearing of the controversy.
[Sidenote: By the public registers.]
But when the question is of injury, or crime, upon a written law; every
man by recourse to the registers, by himself or others, may, if he will,
be sufficiently informed, before he do such injury, or commit the crime,
whether it be an injury, or not: nay he ought to do so: for when a man
doubts whether the act he goeth about, be just, or unjust; and may
inform himself, if he will; the doing is unlawful. In like manner, he
that supposeth himself injured, in a case determined by the written law,
which he may, by himself or others, see and consider; if he complain
before he consults with the law, he does unjustly, and bewrayeth a
disposition rather to vex other men, than to demand his own right.
[Sidenote: By letters patent and public seal.]
If the question be of obedience to a public officer; to have seen his
commission, with the public seal, and heard it read; or to have had the
means to be informed of it, if a man would, is a sufficient verification
of his authority. For every man is obliged to do his best endeavour, to
inform himself of all written laws, that may concern his own future
actions.
[Sidenote: The interpretation of the law dependeth on the sovereign
power.]
The legislator known; and the laws, either by writing, or by the light
of nature, sufficiently published; there wanteth yet another very
material circumstance to make them obligatory. For it is not the letter,
but the intendment, or meaning, that is to say, the authentic
interpretation of the law (which is the sense of the legislator), in
which the nature of the law consisteth; and therefore the interpretation
of all laws dependeth on the authority sovereign; and the interpreters
can be none but those, which the sovereign, to whom only the subject
oweth obedience, shall appoint. For else, by the craft of an
interpreter, the law may be made to bear a sense, contrary to that of
the sovereign: by which means the interpreter becomes the legislator.
[Sidenote: All laws need interpretation.]