The English works of Thomas Hobbes of Malmesbury, Volume 04 (of 11)
Thomas Hobbes · en
3. And from this may be deduced, that which to some may seem a
_paradox, That the command of him, whose command is a law in one
thing, is a law in every thing_. For seeing a man is obliged to
obedience before what he is to do be known, he is obliged to obey in
general, that is to say, in every thing.
[Sidenote: The difference between law and counsel.]
4. That the counsel of a man is no law to him that is counselled,
and that he who alloweth another to give him counsel, doth not
thereby oblige himself to follow the same, is manifest enough. And
yet men usually call counselling, by the name of governing; not that
they are not able to distinguish between them, but because they envy
many times those men that are called to counsel, and are therefore
angry with them that they are counselled. But if to counsellors
there should be given a right to have their counsel followed, then
are they no more counsellors, but masters of them whom they counsel;
and their counsels no more counsels, but laws. For the difference
between a law and a counsel being no more but this, that in counsel
the expression is, _Do, because it is best_; in a law, _Do, because
I have a right to compel you_; or _Do, because I say, do_; when
counsel should give the reason of the action it adviseth to, because
the reason thereof itself is no more counsel, but a law.
[Sidenote: The difference between _jus_ & _lex_.]
5. The names _lex_ and _jus_, that is to say, law and right, are
often confounded, and yet scarce are there any two words of more
contrary signification. For right is that liberty which law leaveth
us, and laws those restraints by which we agree mutually to abridge
one another’s liberty. Law and right therefore are no less different
than restraint and liberty, which are contrary; and whatsoever a man
doth, that liveth in a commonwealth _jure_, he doth it _jure
civili_, _jure naturæ_, and _jure divino_. For whatsoever is against
any of these laws, cannot be said to be _jure_. For the civil law
cannot make that to be done _jure_, which is against the law
_divine_, or of _nature_. And therefore whatsoever any subject doth,
if it be not contrary to the civil law, and whatsoever a sovereign
doth, if it be not against the law of nature, he doth it _jure
divino_, by _divine right_. But to say, _lege divinâ_, by _divine
law_, is another thing. For the laws of God and nature allowing
greater liberty than is allowed by the law civil; for subordinate
laws do still bind more than superior laws, the essence of law being
not to loose, but to bind, a man may be commanded that by a law
civil, which is not commanded by the law of nature, nor by the law
divine. So that of things done _lege_, that is to say, by command of
the law, there is some place for a distinction between _lege
divinâ_, and _lege civili_. As when a man giveth an alms, or helpeth
him that is in need, he doth it not _lege civili_, but _lege
divinâ_, by the divine law, the precept whereof is _charity_. But