Leviathan by Thomas Hobbes

4. The Law of Nature, and the Civill Law, contain each other, and are

381 words | Chapter 67

of equall extent. For the Lawes of Nature, which consist in Equity, Justice, Gratitude, and other morall Vertues on these depending, in the condition of meer Nature (as I have said before in the end of the 15th Chapter,) are not properly Lawes, but qualities that dispose men to peace, and to obedience. When a Common-wealth is once settled, then are they actually Lawes, and not before; as being then the commands of the Common-wealth; and therefore also Civill Lawes: for it is the Soveraign Power that obliges men to obey them. For in the differences of private men, to declare, what is Equity, what is Justice, and what is morall Vertue, and to make them binding, there is need of the Ordinances of Soveraign Power, and Punishments to be ordained for such as shall break them; which Ordinances are therefore part of the Civill Law. The Law of Nature therefore is a part of the Civill Law in all Common-wealths of the world. Reciprocally also, the Civill Law is a part of the Dictates of Nature. For Justice, that is to say, Performance of Covenant, and giving to every man his own, is a Dictate of the Law of Nature. But every subject in a Common-wealth, hath covenanted to obey the Civill Law, (either one with another, as when they assemble to make a common Representative, or with the Representative it selfe one by one, when subdued by the Sword they promise obedience, that they may receive life;) And therefore Obedience to the Civill Law is part also of the Law of Nature. Civill, and Naturall Law are not different kinds, but different parts of Law; whereof one part being written, is called Civill, the other unwritten, Naturall. But the Right of Nature, that is, the naturall Liberty of man, may by the Civill Law be abridged, and restrained: nay, the end of making Lawes, is no other, but such Restraint; without the which there cannot possibly be any Peace. And Law was brought into the world for nothing else, but to limit the naturall liberty of particular men, in such manner, as they might not hurt, but assist one another, and joyn together against a common Enemy. Provinciall Lawes Are Not Made By Custome, But By The Soveraign Power

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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