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._ A pleader commonly thinks he ought to say all he can for the
benefit of his client, and therefore has need of a faculty to wrest the
sense of words from their true meaning, and the faculty of _rhetoric_ to
seduce the jury, and sometimes the judge also, and many other arts which
I neither have, nor intend to study.
_L._ But let the judge, how good soever he thinks his reasoning, take
heed that he depart not too much from the letter of the statute: for it
is not without danger.
_P._ He may without danger recede from the letter, if he do not from the
meaning and sense of the law; which may be by a learned man, (such as
judges commonly are,) easily found out by the preamble, the time when it
was made, and the incommodities for which it was made. But I pray tell
me, to what end were statute laws ordained, seeing the law of reason
ought to be applied to every controversy that can arise.
_L._ You are not ignorant of the force of an irregular appetite to
riches, to power, and to sensual pleasures, how it masters the strongest
reason, and is the root of disobedience, slaughter, fraud, hypocrisy,
and all manner of evil habits; and that the laws of man, though they can
punish the fruits of them, which are evil actions, yet they cannot pluck
up the roots that are in the heart. How can a man be indicted of
avarice, envy, hypocrisy, or other vicious habit, till it be declared by
some action which a witness may take notice of? The root remaining, new
fruit will come forth, till you be weary of punishing, and at last
destroy all power that shall oppose it.
_P._ What hope then is there of a constant peace in any nation, or
between one nation and another?
_L._ You are not to expect such a peace between two nations; because
there is no common power in this world to punish their injustice. Mutual
fear may keep them quiet for a time; but upon every visible advantage
they will invade one another; and the most visible advantage is then,
when the one nation is obedient to their king, and the other not. But
peace at home may then be expected durable, when the common people shall
be made to see the benefit they shall receive by their obedience and
adhesion to their own sovereign, and the harm they must suffer by taking
part with them, who by promises of reformation, or change of government,
deceive them. And this is properly to be done by divines, and from
arguments not only from reason, but also from the Holy Scripture.
_P._ This that you say is true, but not very much to that I aim at by
your conversation, which is to inform myself concerning the laws of
England. Therefore I ask you again, what is the end of statute-laws?
[Sidenote: Of sovereign power.]
_L._ I say then that the scope of all human law is peace, and justice in
every nation amongst themselves, and defence against foreign enemies.
_P._ But what is justice?
_L._ Justice is giving to every man his own.