Leviathan by Thomas Hobbes

CHAPTER XXVI. OF CIVILL LAWES

439 words | Chapter 63

Civill Law what By CIVILL LAWES, I understand the Lawes, that men are therefore bound to observe, because they are Members, not of this, or that Common-wealth in particular, but of a Common-wealth. For the knowledge of particular Lawes belongeth to them, that professe the study of the Lawes of their severall Countries; but the knowledge of Civill Law in generall, to any man. The antient Law of Rome was called their Civil Law, from the word Civitas, which signifies a Common-wealth; And those Countries, which having been under the Roman Empire, and governed by that Law, retaine still such part thereof as they think fit, call that part the Civill Law, to distinguish it from the rest of their own Civill Lawes. But that is not it I intend to speak of here; my designe being not to shew what is Law here, and there; but what is Law; as Plato, Aristotle, Cicero, and divers others have done, without taking upon them the profession of the study of the Law. And first it manifest, that Law in generall, is not Counsell, but Command; nor a Command of any man to any man; but only of him, whose Command is addressed to one formerly obliged to obey him. And as for Civill Law, it addeth only the name of the person Commanding, which is Persona Civitatis, the Person of the Common-wealth. Which considered, I define Civill Law in this Manner. "CIVILL LAW, Is to every Subject, those Rules, which the Common-wealth hath Commanded him, by Word, Writing, or other sufficient Sign of the Will, to make use of, for the Distinction of Right, and Wrong; that is to say, of what is contrary, and what is not contrary to the Rule." In which definition, there is nothing that is not at first sight evident. For every man seeth, that some Lawes are addressed to all the Subjects in generall; some to particular Provinces; some to particular Vocations; and some to particular Men; and are therefore Lawes, to every of those to whom the Command is directed; and to none else. As also, that Lawes are the Rules of Just, and Unjust; nothing being reputed Unjust, that is not contrary to some Law. Likewise, that none can make Lawes but the Common-wealth; because our Subjection is to the Common-wealth only: and that Commands, are to be signified by sufficient Signs; because a man knows not otherwise how to obey them. And therefore, whatsoever can from this definition by necessary consequence be deduced, ought to be acknowledged for truth. Now I deduce from it this that followeth. The Soveraign Is Legislator

Chapters

1. Chapter 1 2. 6. OF THE INTERIOUR BEGINNINGS OF VOLUNTARY MOTIONS, COMMONLY CALLED THE 3. 8. OF THE VERTUES, COMMONLY CALLED INTELLECTUALL, AND THEIR CONTRARY 4. 13. OF THE NATURALL CONDITION OF MANKIND AS CONCERNING THEIR FELICITY 5. 16. OF PERSONS, AUTHORS, AND THINGS PERSONATED 6. 19. OF SEVERALL KINDS OF COMMON-WEALTH BY INSTITUTION; AND OF SUCCESION 7. 29. OF THOSE THINGS THAT WEAKEN, OR TEND TO THE DISSOLUTION OF A 8. 31. OF THE KINGDOM OF GOD BY NATURE 9. 33. OF THE NUMBER, ANTIQUITY, SCOPE, AUTHORITY, AND INTERPRETERS OF THE 10. 34. OF THE SIGNIFICATION, OF SPIRIT, ANGELL, AND INSPIRATION IN THE 11. 35. OF THE SIGNIFICATION IN SCRIPTURE OF THE KINGDOME OF GOD, OF HOLY, 12. 38. OF THE SIGNIFICATION IN SCRIPTURE OF ETERNALL LIFE, HEL, SALVATION, 13. 40. OF THE RIGHTS OF THE KINGDOME OF GOD, IN ABRAHAM, MOSES, THE HIGH 14. 43. OF WHAT IS NECESSARY FOR MANS RECEPTION INTO THE KINGDOME OF HEAVEN 15. 47. OF THE BENEFIT PROCEEDING FROM SUCH DARKNESSE; AND TO WHOM IT 16. 48. A REVIEW AND CONCLUSION 17. PART I. 18. CHAPTER I. OF SENSE 19. CHAPTER II. OF IMAGINATION 20. CHAPTER III. OF THE CONSEQUENCE OR TRAYNE OF IMAGINATIONS 21. CHAPTER IV. OF SPEECH 22. CHAPTER V. OF REASON, AND SCIENCE. 23. CHAPTER VI. OF THE INTERIOUR BEGINNINGS OF VOLUNTARY MOTIONS 24. CHAPTER VII. OF THE ENDS OR RESOLUTIONS OF DISCOURSE 25. CHAPTER VIII. OF THE VERTUES COMMONLY CALLED INTELLECTUAL; AND THEIR 26. 10. 20.) some said, "He hath a Divell, and is mad;" whereas others 27. CHAPTER IX. OF THE SEVERALL SUBJECTS OF KNOWLEDGE 28. 1. Consequences from the Accidents common to all Bodies Naturall; 29. 2. PHYSIQUES, or Consequences from Qualities 30. 1. Of Consequences from the Institution of COMMON-WEALTHS, to 31. 2. Of Consequences from the same, to the Duty and Right of 32. CHAPTER X. OF POWER, WORTH, DIGNITY, HONOUR AND WORTHINESS 33. CHAPTER XI. OF THE DIFFERENCE OF MANNERS 34. CHAPTER XII. OF RELIGION 35. CHAPTER XIII. OF THE NATURALL CONDITION OF MANKIND, 36. CHAPTER XIV. OF THE FIRST AND SECOND NATURALL LAWES, AND OF CONTRACTS 37. CHAPTER XV. OF OTHER LAWES OF NATURE 38. introduction of Warre; which is against the Law of Nature; and is 39. CHAPTER XVI. OF PERSONS, AUTHORS, AND THINGS PERSONATED 40. PART II. 41. CHAPTER XVII. OF THE CAUSES, GENERATION, AND DEFINITION OF A 42. CHAPTER XVIII. OF THE RIGHTS OF SOVERAIGNES BY INSTITUTION 43. 1. The Subjects Cannot Change The Forme Of Government 44. 2. Soveraigne Power Cannot Be Forfeited 45. 3. No Man Can Without Injustice Protest Against The Institution Of The 46. 4. The Soveraigns Actions Cannot Be Justly Accused By The Subject 47. 5. What Soever The Soveraigne Doth, Is Unpunishable By The Subject 48. 6. The Soveraigne Is Judge Of What Is Necessary For The Peace And 49. 7. The Right of making Rules, whereby the Subject may every man know 50. 8. To Him Also Belongeth The Right Of All Judicature And Decision Of 51. 9. And Of Making War, And Peace, As He Shall Think Best: 52. 10. And Of Choosing All Counsellours, And Ministers, Both Of Peace, And 53. 11. And Of Rewarding, And Punishing, And That (Where No 54. 12. And Of Honour And Order 55. CHAPTER XIX. OF THE SEVERALL KINDS OF COMMON-WEALTH BY INSTITUTION, 56. CHAPTER XX. OF DOMINION PATERNALL AND DESPOTICALL 57. 21. 2,3) "Go into the Village over against you, and you shall find a 58. CHAPTER XXI. OF THE LIBERTY OF SUBJECTS 59. CHAPTER XXII. OF SYSTEMES SUBJECT, POLITICALL, AND PRIVATE 60. CHAPTER XXIII. OF THE PUBLIQUE MINISTERS OF SOVERAIGN POWER 61. CHAPTER XXIV. OF THE NUTRITION, AND PROCREATION OF A COMMON-WEALTH 62. CHAPTER XXV. OF COUNSELL 63. CHAPTER XXVI. OF CIVILL LAWES 64. 1. The Legislator in all Common-wealths, is only the Soveraign, be he 65. 2. The Soveraign of a Common-wealth, be it an Assembly, or one Man, is 66. 3. When long Use obtaineth the authority of a Law, it is not the 67. 4. The Law of Nature, and the Civill Law, contain each other, and are 68. 5. If the Soveraign of one Common-wealth, subdue a people that have 69. 6. Seeing then all Lawes, written, and unwritten, have their Authority, 70. 7. That Law can never be against Reason, our Lawyers are agreed; and 71. 8. From this, that the Law is a Command, and a Command consisteth in 72. 1. The Edicts, Constitutions, and Epistles Of The Prince, that is, of 73. 2. The Decrees Of The Whole People Of Rome (comprehending the Senate,) 74. 3. The Decrees Of The Common People (excluding the Senate,) when they 75. 4. Senatus Consulta, the Orders Of The Senate; because when the people 76. 5. The Edicts Of Praetors, and (in some Cases) of the Aediles: such as 77. 6. Responsa Prudentum; which were the Sentences, and Opinions of those 78. 7. Also, Unwritten Customes, (which in their own nature are an imitation 79. CHAPTER XXVII. OF CRIMES, EXCUSES, AND EXTENUATIONS 80. CHAPTER XXVIII. OF PUNISHMENTS, AND REWARDS 81. CHAPTER XXIX. OF THOSE THINGS THAT WEAKEN, OR TEND TO THE DISSOLUTION OF 82. CHAPTER XXX. OF THE OFFICE OF THE SOVERAIGN REPRESENTATIVE 83. CHAPTER XXXI. OF THE KINGDOME OF GOD BY NATURE 84. PART III. 85. CHAPTER XXXII. OF THE PRINCIPLES OF CHRISTIAN POLITIQUES 86. CHAPTER XXXIII. OF THE NUMBER, ANTIQUITY, SCOPE, AUTHORITY, AND 87. 27. which was also commanded to be written on stones, in their entry 88. 22. 8 & 23. 1,2,3) 89. 14. 15. 63. 90. 126. whereby it is manifest that the Psalter was compiled, and put into 91. CHAPTER XXXIV. OF THE SIGNIFICATION OF SPIRIT, ANGEL, AND INSPIRATION IN 92. 8. 1. Where when the earth was covered with Waters, as in the beginning, 93. CHAPTER XXXV. OF THE SIGNIFICATION IN SCRIPTURE OF KINGDOME OF GOD, OF 94. CHAPTER XXXVI. OF THE WORD OF GOD, AND OF PROPHETS 95. 18. 1.) by an apparition of three Angels; and to Abimelech (Gen. 20. 3.) 96. 26. 24.) to Isaac in the night; (that is, in his sleep, or by dream): 97. 12. 6,7,8.) "If there be a Prophet among you, I the Lord will make my 98. 4. 2, &c) speaking expressely of the means to examine Spirits, whether 99. CHAPTER XXXVII. OF MIRACLES, AND THEIR USE 100. 13. 58.) that he wrought not many Miracles in his own countrey, because 101. 18. of Deuteronomy; That wee take not any for Prophets, that teach any 102. CHAPTER XXXVIII. OF THE SIGNIFICATION IN SCRIPTURE OF ETERNALL LIFE, 103. CHAPTER XXXIX. OF THE SIGNIFICATION IN SCRIPTURE OF THE WORD CHURCH 104. CHAPTER XL OF THE RIGHTS OF THE KINGDOME OF GOD, IN ABRAHAM, MOSES, 105. CHAPTER XLI. OF THE OFFICE OF OUR BLESSED SAVIOUR 106. CHAPTER XLII. OF POWER ECCLESIASTICALL 107. 24. where he saith, "As in Adam all die, so in Christ all shall be 108. 5. 39.) "Search the Scriptures; for in them yee thinke to have eternall 109. 2. of the same Chapter) "Serving of Tables," is a service done to the 110. CHAPTER XLIII. OF WHAT IS NECESSARY FOR A MANS RECEPTION INTO THE 111. 11. 30.) that "Christs yoke is Easy, and his burthen Light:" Nor that 112. 4. 2. "Every Spirit that confesseth that Jesus Christ is come in the 113. PART IV. 114. CHAPTER XLIV. OF SPIRITUALL DARKNESSE FROM MISINTERPRETATION OF 115. 4. ver.3.) "Better is he that hath not yet been, than both they;" that 116. 1. 12.); and againe, (2 Sam. 3. 35.) for the death of Abner. This 117. CHAPTER XLV. OF DAEMONOLOGY, AND OTHER RELIQUES OF THE RELIGION OF THE 118. CHAPTER XLVI. OF DARKNESSE FROM VAIN PHILOSOPHY, AND FABULOUS TRADITIONS 119. CHAPTER XLVII. OF THE BENEFIT THAT PROCEEDETH FROM SUCH DARKNESSE, AND

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