The English works of Thomas Hobbes of Malmesbury, Volume 04 (of 11)
Thomas Hobbes · en
8. And forasmuch as they who are amongst themselves in security, by
the means of this sword of justice, that keeps them all in awe, are
nevertheless in danger of enemies from without, if there be not some
means found, to unite their strengths and natural forces, in the
resistance of such enemies, their peace amongst themselves is but in
vain. And therefore it is to be understood as a covenant of every
member to contribute their several forces for the defence of the
whole, whereby to make one power as sufficient, as is possible for
their defence. Now seeing that every man hath already transferred
the use of his strength to him, or them, that have the sword of
justice, it followeth, that the power of defence, that is to say,
the sword of war, be in the same hands wherein is the sword of
justice; and consequently those two swords are but one, and that
inseparably and essentially annexed to the sovereign power.
[Sidenote: Decision in all debates, &c. annexed to the sword.]
9. Moreover, seeing to have the right of the sword, is nothing else
but to have the use thereof depending only on the judgment and
discretion of him or them that have it, it followeth, that the power
of indenture in all controversies, wherein the sword of justice is
to be used; and in all deliberations concerning war, wherein the use
of that sword is required, the right of resolving and determining
what is to be done, belong to the same sovereign.
[Sidenote: Laws civil, &c.]
10. Further, considering it is no less, but much more necessary to
prevent violence and rapine, than to punish the same when it is
committed, and all violence proceedeth from controversies that arise
between men concerning _meum_ and _tuum_, right and wrong, good and
bad, and the like, which men use every one to measure by their own
judgments, it belongeth also to the judgment of the same sovereign
power, to set forth and make known the common measure by which every
man is to know what is his, and what another’s; what is good, and
what bad, and what he ought to do, and what not, and to command the
same to be observed. And these measures of the actions of the
subjects are those, which men call _laws politic_, or civil: the
making whereof, must of right belong to him that hath the power of
the sword, by which men are compelled to observe them; for otherwise
they should be made in vain.
[Sidenote: Appointment of magistrates, &c.]