The English works of Thomas Hobbes of Malmesbury, Volume 04 (of 11)
Thomas Hobbes · en
[Sidenote: The second, that sovereigns are subject to their own
laws, confuted.]
6. As for the second opinion, which is this, that the sovereign is
in such sort obliged to his own laws, as the subject is; the
contrary thereof hath been showed, Part II. chapter I. sections
7-12, by which it appeareth, that the sovereign power is not to be
resisted; that it carrieth the sword both of war and justice; that
it hath the right of deciding all controversies, both judicial and
deliberative; that it hath the making of all the laws civil; that it
appointeth magistrates and public ministers, and that it implieth an
universal impunity. How then can he or they be said to be subject to
the laws which they may abrogate at their pleasure, or break without
fear of punishment? And this error seemeth to proceed from this,
that men ordinarily understand not aright, what is meant by this
word law, confounding law and covenant, as if they signify the same
thing. But law implieth a command; covenant is but a promise. And
not every command is a law, but only (_Human Nature_, chap. XIII.
sect. 6) when the command is the reason we have of doing the action
commanded. And then only is the reason of our actions in the
command, when the omitting is therefore hurtful, because the action
was commanded, not because it was hurtful of itself; and doing
contrary to a command, were not at all hurtful, if there were not a
right in him that commandeth to punish him that so doth. He or they
that have all punishments in their own disposing, cannot be so
commanded, as to receive hurt for disobeying, and consequently no
command can be a law unto them. It is an error therefore to think,
that the power which is virtually the whole power of the
commonwealth, and which in whomsoever it resideth, is usually called
supreme or sovereign, can be subject to any law but that of God
Almighty.
[Sidenote: The third, that the sovereignty is divisible, confuted.]