The English works of Thomas Hobbes of Malmesbury, Volume 04 (of 11)
Thomas Hobbes · en
2. It is a proverbial saying, _inter arma silent leges_. There is a
little therefore to be said concerning the laws that men are to
observe one towards another in time of war, wherein every man’s
being and well-being is the rule of his actions. Yet thus much the
law of nature commandeth in war, that men satiate not the cruelty of
their present passions, whereby in their own conscience they foresee
no benefit to come. For that betrayeth not a necessity, but a
disposition of the mind to war, which is against the law of nature.
And in old time we read, that rapine was a trade of life, wherein
nevertheless many of them that used it, did not only spare the lives
of those they invaded, but left them also such things, as were
necessary to preserve that life which they had given them; as namely
their oxen and instruments for tillage, though they carried away all
their other cattle and substance. And as the rapine itself was
warranted in the law of nature, by the want of security otherwise to
maintain themselves, so the exercise of cruelty was forbidden by the
same law of nature, unless fear suggested anything to the contrary.
For nothing but fear can justify the taking away of another’s life.
And because fear can hardly be made manifest, but by some action
dishonourable, that bewrayeth the conscience of one’s own weakness,
all men, in whom the passion of courage or magnanimity hath been
predominant, have abstained from cruelty; insomuch, that though
there be in war no law, the breach whereof is injury, yet there are
in war those laws, the breach whereof is dishonour. In one word,
therefore, the only law of actions in war, is _honour_; and the
right of war, _providence_.
[Sidenote: No security without the concord of many.]
3. And seeing natural aid is necessary for defence, as mutual fear
is necessary for peace, we are to consider how great aids are
required for such defence, and for the causing of such mutual fear,
as men may not easily adventure on one another. And first, it is
evident, that the mutual aid of two or three men is of very little
security. For the odds on the other side, of a man or two, giveth
sufficient encouragement to an assault. And therefore before men
have sufficient security in the help of one another, their number
must be so great, that the odds of a few which the enemy may have,
be no certain and sensible advantage.
[Sidenote: That concord of many cannot be maintained without power
to keep them all in awe.]