The English works of Thomas Hobbes of Malmesbury, Volume 06 (of 11)
Thomas Hobbes · en
_P._ No. If the sovereign power be in an assembly of men, that assembly,
whether it be _aristocratical_ or _democratical_, may possess lands; but
it is in their politic capacity: because no natural man has any right to
those lands, or any part of them. In the same manner, they can command
an act by plurality of commands; but the command of any one of them is
of no effect. But when the sovereign power is in one man, the natural
and politic capacity are in the same person, and as to possession of
lands, undistinguishable. But as to the acts and commands, they may be
well distinguished in this manner. Whatsoever a monarch does command or
do, by consent of the people of his kingdom, may properly be said to be
done in his politic capacity; and whatsoever he commands by word of
mouth only, or by letters signed with his hand, or sealed with any of
his private seals, is done in his natural capacity. Nevertheless, his
public commands, though they be made in his politic capacity, have their
original from his natural capacity. For in the making of laws, which
necessarily requires his assent, his assent is natural. Also those acts
which are done by the King previously to the passing of them under the
Great Seal of England, either by word of mouth, or warrant under his
signet or private seal, are done in his natural capacity; but when they
have passed the Seal of England, they are to be taken as done in his
politic capacity.
_L._ I think verily your distinction is good. For natural capacity and
politic capacity signify no more than private and public right.
Therefore, leaving this argument, let us consider in the next place, as
far as history will permit, what were the laws and customs of our
ancestors.