The English works of Thomas Hobbes of Malmesbury, Volume 06 (of 11) — Thomas Hobbes — John Shaqi
The English works of Thomas Hobbes of Malmesbury, Volume 06 (of 11)
Thomas Hobbes · en
_P._ In whatsoever study, I examine whether my inference be rational:
and have looked over the titles of the statutes from Magna Charta
downward to this present time. I left not one unread, which I thought
might concern myself; which was enough for me, that meant not to plead
for any but myself. But I did not much examine which of them was more or
less rational; because I read them not to dispute, but to obey them, and
saw in all of them sufficient reason for my obedience, and that the same
reason, though the Statutes themselves were changed, remained constant.
I have also diligently read over Littleton’s book of _Tenures_, with the
commentaries thereupon of the renowned lawyer Sir Edward Coke; in which
I confess I found great subtilty, not of the law, but of inference from
law, and especially from the law of human nature, which is the law of
reason: and I confess that it is truth which he says in the epilogue to
his book, that by arguments and reason in the law, a man shall sooner
come to the certainty and knowledge of the law: and I agree with Sir
Edward Coke, who upon that text farther says, that reason is the soul of
the law; and upon section 138, _nihil, quod est contra rationem, est
licitum_; that is to say, nothing is law that is against reason; and
that reason is the life of the law, nay the common law itself is nothing
else but reason; and upon section 21, _æquitas est perfecta quædam
ratio, quæ jus scriptum interpretatur et emendat, nulla scriptura
comprehensa, sed solum in vera ratione consistens_; _i. e._ Equity is a
certain perfect reason, that interpreteth and amendeth the law written,
itself being unwritten, and consisting in nothing else but right reason.
When I consider this, and find it to be true, and so evident as not to
be denied by any man of right sense, I find my own reason at a stand;
for it frustrates all the laws in the world. For upon this ground any
man, of any law whatsoever, may say it is against reason, and thereupon
make a pretence for his disobedience. I pray you clear this passage,
that we may proceed.
_L._ I clear it thus, out of Sir Edward Coke (I. Inst. sect. 138), that
this is to be understood of an artificial perfection of reason, gotten
by long study, observation, and experience, and not of every man’s
natural reason; for _nemo nascitur artifex_. This legal reason is _summa
ratio_; and therefore if all the reason that is dispersed into so many
several heads, were united into one, yet could he not make such a law as
the law of England is; because by so many successions of ages it hath
been fined and refined by an infinite number of grave and learned men.