The English works of Thomas Hobbes of Malmesbury, Volume 04 (of 11)
Thomas Hobbes · en
_T. H._ Hitherto he never offered to mend any of the doctrines he
inveighs against; but here he does. He says I have a glimmering of
something I was not able to apprehend and express clearly. Let us
see his Lordship’s more clear expression. _We acknowledge_, saith
he, _that though the laws or commands of a sovereign prince be
erroneous, or unjust, or injurious, such as a subject cannot approve
for good in themselves, yet he is bound to acquiesce, and may not
oppose or resist otherwise than by prayers and tears, and at the
most by flight_. Hence it follows clearly, that when a sovereign has
made a law, though erroneous, then, if his subject oppose it, it is
a sin. Therefore I would fain know, when a man has broken that law
by doing what it forbad, or by refusing to do what it commanded,
whether he have opposed this law or not. If to break the law be to
oppose it, he granteth it. Therefore his Lordship has not here
expressed himself so clearly, as to make men understand the
difference between breaking a law and opposing it. Though there be
some difference between breaking of a law, and opposing those that
are sent with force to see it executed; yet between breaking and
opposing the law itself, there is no difference. Also, though the
subject think the law just, as when a thief is by law condemned to
die, yet he may lawfully oppose the execution, not only by prayers,
tears, and flight, but also (as I think) any way he can. For though
his fault were never so great, yet his endeavour to save his own
life is not a fault. For the law expects it, and for that cause
appointeth felons to be carried bound and encompassed with armed men
to execution. Nothing is opposite to law, but sin: nothing opposite
to the sheriff, but force. So that his Lordship’s sight was not
sharp enough to see the difference between the law and the officer.
Again, _We acknowledge_, says he, _that the laws have power to bind
the conscience of a Christian in themselves, but not from
themselves_. Neither do the Scriptures bind the conscience because
they are Scriptures, but because they were from God. So also the
book of English Statutes bindeth our consciences in itself, but not
from itself, but from the authority of the king, who only in the
right of God has the legislative powers. Again he saith, _We
acknowledge that in doubtful cases, the sovereign and the law are
always presumed to be in the right_. If he presume they are in the
right, how dare he presume that the cases they determine are
doubtful? _But_, saith he, _in evident cases which admit no doubt,
it is always better to obey God than man_. Yes, and in doubtful
cases also, say I. But not always better to obey the inferior
pastors than the supreme pastor, which is the king. But what are
those cases that admit no doubt? I know but very few, and those are
such as his Lordship was not much acquainted with.