The English works of Thomas Hobbes of Malmesbury, Volume 03 (of 11) — Thomas Hobbes — John Shaqi
The English works of Thomas Hobbes of Malmesbury, Volume 03 (of 11)
Thomas Hobbes · en
evident to any man’s reason; for whatsoever is not against the law of
nature, may be made law in the name of them that have the sovereign
power; and there is no reason men should be the less obliged by it, when
it is propounded in the name of God. Besides, there is no place in the
world where men are permitted to pretend other commandments of God, than
are declared for such by the commonwealth. Christian states punish those
that revolt from the Christian religion, and all other states, those
that set up any religion by them forbidden. For in whatsoever is not
regulated by the commonwealth, it is equity, which is the law of nature,
and therefore an eternal law of God, that every man equally enjoy his
liberty.
[Sidenote: Another division of laws.]
There is also another distinction of laws, into _fundamental_ and _not
fundamental_; but I could never see in any author, what a fundamental
law signifieth. Nevertheless one may very reasonably distinguish laws in
that manner.
[Sidenote: A fundamental law, what.]
For a fundamental law in every commonwealth is that, which being taken
away, the commonwealth faileth, and is utterly dissolved; as a building
whose foundation is destroyed. And therefore a fundamental law is that,
by which subjects are bound to uphold whatsoever power is given to the
sovereign, whether a monarch, or a sovereign assembly, without which the
commonwealth cannot stand; such as is the power of war and peace, of
judicature, of election of officers, and of doing whatsoever he shall
think necessary for the public good. Not fundamental is that, the
abrogating whereof, draweth not with it the dissolution of the
commonwealth; such as are the laws concerning controversies between
subject and subject. Thus much of the division of laws.
[Sidenote: Difference between law and right.]
I find the words _lex civilis_, and _jus civile_, that is to say _law_
and _right civil_, promiscuously used for the same thing, even in the
most learned authors; which nevertheless ought not to be so. For _right_
is _liberty_, namely that liberty which the civil law leaves us: but
_civil law_ is an _obligation_, and takes from us the liberty which the
law of nature gave us. Nature gave a right to every man to secure
himself by his own strength, and to invade a suspected neighbour, by way
of prevention: but the civil law takes away that liberty, in all cases
where the protection of the law may be safely stayed for. Insomuch as
_lex_ and _jus_, are as different as _obligation_ and _liberty_.
[Sidenote: And between a law and a charter.]