The English works of Thomas Hobbes of Malmesbury, Volume 06 (of 11)
Thomas Hobbes · en
_P._ The Saxons, as also all the rest of Germany not conquered by the
Roman Emperors nor compelled to use the imperial laws, were a savage and
heathen people, living only by war and rapine, and as some men learned
in the Roman antiquities affirm, had their name of Germans from that
their ancient trade of life, as if _Germans_ and _hommes de guerre_ were
all one. Their rule over their family, servants, and subjects, was
absolute; their laws, no other than natural equity; written law they had
little or none; and very few there were in the time of the Caesars that
could write or read. The right to the government was either paternal, or
by conquest, or by marriages. Their succession to lands was determined
by the pleasure of the master of the family, by gift or deed in his
lifetime; and what land they disposed not of in their lifetime,
descended after their death to their heirs. The heir was the eldest son.
The issue of the eldest son failing, they descended to the younger sons
in their order; and, for want of sons, to the daughters jointly as to
one heir, or to be divided amongst them, and so to descend to their
heirs in the same manner. And children failing, the uncle by the
father’s or mother’s side, according as the lands had been the father’s
or the mother’s, succeeded to the inheritance, and so continually to the
next of blood. And this was a natural descent, because naturally the
nearer in blood the nearer in kindness, and was held for the law of
nature, not only amongst the Germans, but also in most nations before
they had a written law. The right of government, which is called _jus
regni_, descended in the same manner, except only that after the sons it
came to the eldest daughter first, and her heirs; the reason whereof
was, that government is indivisible. And this law continues still in
England.
_L._ Seeing all the land, which any sovereign lord possessed, was his
own in propriety, how came a subject to have a propriety in their lands?
_P._ There be two sorts of propriety. One is, when a man holds his land
from the gift of God only, which lands civilians call _allodial_; which
in a kingdom, no man can have but the King. The other is, when a man
holds his land from another man, as given him in respect of service and
obedience to that man, as a fee. The first kind of propriety is
absolute; the other is in a manner conditional, because given for some
service to be done unto the giver. The first kind of propriety excludes
the right of all others; the second excludes the right of all other
subjects to the same land, but not the right of the sovereign, when the
common good of the people shall require the use thereof.
_L._ When those kings had thus parted with their lands, what was left
them for the maintenance of their wars, either offensive or defensive;
or for the maintenance of the royal family in such manner as not only
becomes the dignity of a sovereign king, but is also necessary to keep
his person and people from contempt?