The English works of Thomas Hobbes of Malmesbury, Volume 05 (of 11)
Thomas Hobbes · en
(_c_) “The ground of this error,” &c., “is this: that every man makes by
his consent the law which he is bound to keep,” &c.
The reason why he thinketh this an error, is because the positive law of
God, contained in the Bible, is a law without our assent; the law of
nature was written in our hearts by the finger of God without our
assent; the laws of conquerors, who come in by the power of the sword,
were made without our assent; and so were the laws of our ancestors,
which were made before we were born. It is a strange thing that he that
understands the nonsense of the Schoolmen, should not be able to
perceive so easy a truth as this which he denieth. The Bible is a law.
To whom? To all the world? He knows it is not. How came it then to be a
law to us? Did God speak it _viva voce_ to us? Have we then any other
warrant for it than the word of the prophets? Have we seen the miracles?
Have we any other assurance of their certainty than the authority of the
Church? And is the authority of the Church any other than the authority
of the commonwealth, or that of the commonwealth any other than that of
the head of the commonwealth, or hath the head of the commonwealth any
other authority than that which hath been given him by the members?
Else, why should not the Bible be canonical as well in Constantinople as
in any other place? They that have the legislative power make nothing
canon, which they make not law, nor law, which they make not canon. And
because the legislative power is from the assent of the subjects, the
Bible is made law by the assent of the subjects. It was not the Bishop
of Rome that made the Scripture law without his own temporal dominions;
nor is it the clergy that make it law in their dioceses and rectories.
Nor can it be a law of itself without special and supernatural
revelation. The Bishop thinks because the Bible is law, and he is
appointed to teach it to the people in his diocese, that therefore it is
law to whomsoever he teach it; which is somewhat gross, but not so gross
as to say that conquerors who come in by the power of the sword, make
their laws also without our assent. He thinks, belike, that if a
conqueror can kill me if he please, I am presently obliged without more
ado to obey all his laws. May not I rather die, if I think fit? The
conqueror makes no law over the conquered by virtue of his power; but by
virtue of their assent, that promised obedience for the saving of their
lives. But how then is the assent of the children obtained to the laws
of their ancestors? This also is from the desire of preserving their
lives, which first the parents might take away, where the parents be
free from all subjection; and where they are not, there the civil power
might do the same, if they doubted of their obedience. The children
therefore, when they be grown up to strength enough to do mischief, and
to judgment enough to know that other men are kept from doing mischief