The English works of Thomas Hobbes of Malmesbury, Volume 05 (of 11)
Thomas Hobbes · en
“And though his ground had been true, that all first legislators were
elective, which is false; yet his superstructure fails: for it was done
in hope and trust that they would make just laws. If magistrates abuse
this trust, and deceive the hopes of the people by making tyrannical
laws, yet it is without their consent. A precedent trust doth not
justify the subsequent errors and abuses of a trustee. He who is duly
elected a legislator, may exercise his legislative power unduly. The
people’s implicit consent doth not render the tyrannical laws of their
legislators to be just.
(_d_) “But his chiefest answer is, that ‘an action forbidden, though it
proceed from necessary causes, yet if it were done willingly, it may be
justly punished;’ which, according to his custom, he proves by an
instance. ‘A man necessitated to steal by the strength of temptation,
yet if he steal willingly, is justly put to death.’ Here are two things,
and both of them untrue.
“First, he fails in his assertion. Indeed we suffer justly for those
necessities, which we ourselves have contracted by our own fault; but
not for extrinsical antecedent necessities, which were imposed upon us
without our fault. If that law do not oblige to punishment, which is not
intimated, because the subject is invincibly ignorant of it; how much
less that law which prescribes absolute impossibilities: unless perhaps
invincible necessity be not as strong a plea as invincible ignorance.
That which he adds, ‘if it were done willingly,’ though it be of great
moment, if it be rightly understood, yet in his sense, that is, if a
man’s ‘will be not in his own disposition,’ and ‘if his willing do not
come upon him according to his will, nor according to anything else in
his power,’ it weighs not half so much as the least feather in all his
horse-load. For if that law be unjust and tyrannical which commands a
man to do that which is impossible for him to do, then that law is
likewise unjust and tyrannical, which commands him to will that which is
impossible for him to will.