The English works of Thomas Hobbes of Malmesbury, Volume 05 (of 11)
Thomas Hobbes · en
to them by fear of the sword that protecteth them, in that very act of
receiving that protection, and not renouncing it openly, do oblige
themselves to obey the laws of their protectors; to which, in receiving
such protection, they have assented. And whereas he saith, the law of
nature is a law without our assent, it is absurd; for the law of nature
is the assent itself that all men give to the means of their own
preservation.
(_d_) “But his chiefest answer is, that an action forbidden, though it
proceed from necessary causes, yet if it were done willingly, may be
justly punished,” &c.
This the Bishop also understandeth not, and therefore denies it. He
would have the judge condemn no man for a crime, if it were
necessitated; as if the judge could know what acts are necessary, unless
he knew all that hath anteceded, both visible and invisible, and what
both every thing in itself, and altogether, can effect. It is enough to
the judge, that the act he condemneth be voluntary. The punishment
whereof may, if not capital, reform the will of the offender; if
capital, the will of others by example. For heat in one body doth not
more create heat in another, than the terror of an example createth fear
in another, who otherwise were inclined to commit injustice.
Some few lines before, he hath said that I built upon a wrong
foundation, namely, “that all magistrates were at first elective;” I had
forgot to tell you, that I never said nor thought it. And therefore his
reply, as to that point, is impertinent.