The English works of Thomas Hobbes of Malmesbury, Volume 05 (of 11)
Thomas Hobbes · en
“Those laws,” he saith, “are unjust and tyrannical, which do prescribe
things absolutely impossible to be done, and punish men for not doing of
them.” In which words this is one absurdity, that _a law can be unjust_;
for all laws are divine or civil, neither of which can be unjust. Of the
first there is no doubt. And as for civil laws, they are made by every
man that is subject to them; because every one of them consenteth to the
placing of the legislative power. Another is this, in the same words,
that he supposeth there may be laws that are tyrannical; for if he that
maketh them have the sovereign power, they may be regal, but not
tyrannical; if tyrant signify not King, as he thinks it doth not.
Another is in the same words, “that a law may prescribe things
absolutely impossible in themselves to be done.” When he says
_impossible in themselves_, he understands not what himself means.
_Impossible in themselves_ are contradictions only, as to be and not to
be at the same time, which the divines say is not possible to God. All
other things are possible at least in themselves. Raising from the dead,
changing the course of nature, making of a new heaven, and a new earth,
are things possible in themselves; for there is nothing in their nature
able to resist the will of God. And if laws do not prescribe such
things, why should I believe they prescribe other things that are more
impossible. Did he ever read in Suarez of any tyrant that made a law
commanding any man to do and not to do the same action, or to be and not
to be at the same place in one and the same moment of time. But out of
the doctrine of necessity, it followeth he says, that “all laws do
prescribe absolute impossibilities to be done.” Here he has left out _in
themselves_, which is a wilful fallacy.
He further says that “just laws are the ordinances of right reason;”
which is an error that hath cost many thousands of men their lives. Was
there ever a King, that made a law which in right reason had been better
unmade? And shall those laws therefore not be obeyed? Shall we rather
rebel? I think not, though I am not so great a divine as he. I think
rather that the reason of him that hath the sovereign authority, and by
whose sword we look to be protected both against war from abroad and
injuries at home, whether it be right or erroneous in itself, ought to
stand for right to us that have submitted ourselves thereunto by
receiving the protection.