The English works of Thomas Hobbes of Malmesbury, Volume 05 (of 11)
Thomas Hobbes · en
His assertion itself is but a dream,
and the reason which he gives of it why it is so, is a dream of a dream.
“The sum of it is this; ‘that where there is no law, there no killing or
any thing else can be unjust; that before the constitution of
commonwealths, every man had power to kill another, if he conceived him
to be hurtful to him; that at the constitution of commonwealths,
particular men lay down this right in part, and in part reserve it to
themselves, as in case of theft or murder; that the right which the
commonwealth hath to put a malefactor to death, is not created by the
law, but remaineth from the first right of nature which every man hath
to preserve himself; that the killing of men in this case is as the
killing of beasts in order to our own preservation.’ This may well be
called stringing of paradoxes.
“But first, (_h_) there never was any such time when mankind was without
governors and laws, and societies. Paternal government was in the world
from the beginning, and the law of nature. There might be sometimes a
root of such barbarous thievish brigands, in some rocks or deserts, or
odd corners of the world; but it was an abuse and a degeneration from
the nature of man, who is a political creature. This savage opinion
reflects too much upon the honour of mankind.
“Secondly, there never was a time when it was lawful, ordinarily, for
private men to kill one another for their own preservation. If God would
have had men live like wild beasts, as lions, bears, or tigers, he would
have armed them with horns, or tusks, or talons, or pricks; but of all
creatures man is born most naked, without any weapon to defend himself,
because God had provided a better means of security for him, that is,
the magistrate.
“Thirdly, that right which private men have to preserve themselves,
though it be with the killing of another, when they are set upon to be
murdered or robbed, is not a remainder or a reserve of some greater
power which they have resigned, but a privilege which God hath given
them, in case of extreme danger and invincible necessity, that when they
cannot possibly have recourse to the ordinary remedy, that is, the
magistrate, every man becomes a magistrate to himself.
“Fourthly, nothing can give that which it never had. The people, whilst
they were a dispersed rabble, (which in some odd cases might happen to
be), never had justly the power of life and death, and therefore they
could not give it by their election. All that they do is to prepare the
matter, but it is God Almighty that infuseth the soul of power.