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._ This does not clear the place, as being partly obscure, and partly
untrue. That the reason which is the life of the law, should be not
natural, but artificial, I cannot conceive. I understand well enough,
that the knowledge of the law is gotten by much study, as all other
sciences are, which when they are studied and obtained, it is still done
by natural, and not by artificial reason. I grant you, that the
knowledge of the law is an art; but not that any art of one man, or of
many, how wise soever they be, or the work of one or more artificers,
how perfect soever it be, is law. It is not wisdom, but authority that
makes a law. Obscure also are the words _legal reason_. There is no
reason in earthly creatures, but human reason. But I suppose that he
means, that the reason of a judge, or of all the judges together without
the King, is that _summa ratio_, and the very law: which I deny, because
none can make a law but he that hath the legislative power. That the law
hath been fined by grave and learned men, meaning the professors of the
law, is manifestly untrue; for all the laws of England have been made by
the kings of England, consulting with the nobility and commons in
parliament, of which not one of twenty was a learned lawyer.
_L._ You speak of the statute law, and I speak of the common law.
_P._ I speak generally of law.
_L._ Thus far I agree with you, that statute law taken away, there would
not be left, either here, or any where, any law at all that would
conduce to the peace of a nation; yet equity and reason, (laws Divine
and eternal, which oblige all men at all times, and in all places),
would still remain, but be obeyed by few: and though the breach of them
be not punished in this world, yet they will be punished sufficiently in
the world to come. Sir Edward Coke, for drawing to the men of his own
profession as much authority as lawfully he might, is not to be
reprehended; but to the gravity and learning of the judges they ought to
have added in the making of laws, the authority of the King, which hath
the sovereignty: for of these laws of reason, every subject that is in
his wits, is bound to take notice at his peril, because reason is part
of his nature, which he continually carries about with him, and may read
it, if he will.
_P._ It is very true; and upon this ground, if I pretend within a month
or two to make myself able to perform the office of a judge, you are not
to think it arrogance; for you are to allow to me, as well as to other
men, my pretence to reason, which is the common law, (remember this,
that I may not need again to put you in mind, that reason is the common
law): and for statute law, seeing it is printed, and that there be
indexes to point me to every matter contained in them, I think a man may
profit in them very much in two months.
_L._ But you will be but an ill pleader.