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