Books: Leviathan

T >> Thomas Hobbes >> Leviathan

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Secret Cabals
If the Soveraign Power be in a great Assembly, and a number of men,
part of the Assembly, without authority, consult a part, to contrive the
guidance of the rest; This is a Faction, or Conspiracy unlawfull, as being
a fraudulent seducing of the Assembly for their particular interest.
But if he, whose private interest is to be debated, and judged in
the Assembly, make as many friends as he can; in him it is no Injustice;
because in this case he is no part of the Assembly. And though he hire
such friends with mony, (unlesse there be an expresse Law against it,)
yet it is not Injustice. For sometimes, (as mens manners are,)
Justice cannot be had without mony; and every man may think his
own cause just, till it be heard, and judged.

Feuds Of Private Families
In all Common-wealths, if a private man entertain more servants,
than the government of his estate, and lawfull employment he has for
them requires, it is Faction, and unlawfull. For having the protection
of the Common-wealth, he needeth not the defence of private force.
And whereas in Nations not throughly civilized, severall numerous
Families have lived in continuall hostility, and invaded one another
with private force; yet it is evident enough, that they have
done unjustly; or else that they had no Common-wealth.

Factions For Government
And as Factions for Kindred, so also Factions for Government
of Religion, as of Papists, Protestants, &c. or of State,
as Patricians, and Plebeians of old time in Rome, and of
Aristocraticalls and Democraticalls of old time in Greece,
are unjust, as being contrary to the peace and safety of the people,
and a taking of the Sword out of the hand of the Soveraign.

Concourse of people, is an Irregular Systeme, the lawfulnesse,
or unlawfulnesse, whereof dependeth on the occasion, and on the
number of them that are assembled. If the occasion be lawfull,
and manifest, the Concourse is lawfull; as the usuall meeting of
men at Church, or at a publique Shew, in usuall numbers: for if
the numbers be extraordinarily great, the occasion is not evident;
and consequently he that cannot render a particular and good account
of his being amongst them, is to be judged conscious of an unlawfull,
and tumultuous designe. It may be lawfull for a thousand men,
to joyn in a Petition to be delivered to a Judge, or Magistrate;
yet if a thousand men come to present it, it is a tumultuous Assembly;
because there needs but one or two for that purpose. But in such cases
as these, it is not a set number that makes the Assembly Unlawfull,
but such a number, as the present Officers are not able to suppresse,
and bring to Justice.

When an unusuall number of men, assemble against a man whom they accuse;
the Assembly is an Unlawfull tumult; because they may deliver their
accusation to the Magistrate by a few, or by one man. Such was the case
of St. Paul at Ephesus; where Demetrius, and a great number of other men,
brought two of Pauls companions before the Magistrate, saying with
one Voyce, "Great is Diana of the Ephesians;" which was their way
of demanding Justice against them for teaching the people such doctrine,
as was against their Religion, and Trade. The occasion here,
considering the Lawes of that People, was just; yet was their Assembly
Judged Unlawfull, and the Magistrate reprehended them for it,
in these words,(Acts 19. 40) "If Demetrius and the other work-men
can accuse any man, of any thing, there be Pleas, and Deputies,
let them accuse one another. And if you have any other thing to demand,
your case may be judged in an Assembly Lawfully called. For we are
in danger to be accused for this dayes sedition, because, there is
no cause by which any man can render any reason of this Concourse
of People." Where he calleth an Assembly, whereof men can give no
just account, a Sedition, and such as they could not answer for.
And this is all I shall say concerning Systemes, and Assemblyes of People,
which may be compared (as I said,) to the Similar parts of mans Body;
such as be Lawfull, to the Muscles; such as are Unlawfull, to Wens,
Biles, and Apostemes, engendred by the unnaturall conflux of evill humours.

CHAPTER XXIII

OF THE PUBLIQUE MINISTERS OF SOVERAIGN POWER

In the last Chapter I have spoken of the Similar parts of a
Common-wealth; In this I shall speak of the parts Organicall,
which are Publique Ministers.

Publique Minister Who
A PUBLIQUE MINISTER, is he, that by the Soveraign, (whether a Monarch,
or an Assembly,) is employed in any affaires, with Authority to
represent in that employment, the Person of the Common-wealth.
And whereas every man, or assembly that hath Soveraignty,
representeth two Persons, or (as the more common phrase is)
has two Capacities, one Naturall, and another Politique, (as a Monarch,
hath the person not onely of the Common-wealth, but also of a man;
and a Soveraign Assembly hath the Person not onely of the Common-wealth,
but also of the Assembly); they that be servants to them in their
naturall Capacity, are not Publique Ministers; but those onely that
serve them in the Administration of the Publique businesse.
And therefore neither Ushers, nor Sergeants, nor other Officers
that waite on the Assembly, for no other purpose, but for the
commodity of the men assembled, in an Aristocracy, or Democracy;
nor Stewards, Chamberlains, Cofferers, or any other Officers
of the houshold of a Monarch, are Publique Ministers in a Monarchy.

Ministers For The Generall Administration
Of Publique Ministers, some have charge committed to them of a general Administration, either of the whole Dominion, or of a part thereof.
Of the whole, as to a Protector, or Regent, may bee committed by the
Predecessor of an Infant King, during his minority, the whole
Administration of his Kingdome. In which case, every Subject
is so far obliged to obedience, as the Ordinances he shall make,
and the commands he shall give be in the Kings name, and not
inconsistent with his Soveraigne Power. Of a Part, or Province;
as when either a Monarch, or a Soveraign Assembly, shall give the
generall charge thereof to a Governour, Lieutenant, Praefect,
or Vice-Roy: And in this case also, every one of that Province,
is obliged to all he shall doe in the name of the Soveraign, and that
not incompatible with the Soveraigns Right. For such Protectors,
Vice-Roys, and Governours, have no other right, but what depends
on the Soveraigns Will; and no Commission that can be given them,
can be interpreted for a Declaration of the will to transferre
the Soveraignty, without expresse and perspicuous words to that purpose.
And this kind of Publique Ministers resembleth the Nerves, and Tendons
that move the severall limbs of a body naturall.

For Speciall Administration, As For Oeconomy
Others have speciall Administration; that is to say, charges of
some speciall businesse, either at home, or abroad: As at home,
First, for the Oeconomy of a Common-wealth, They that have Authority
concerning the Treasure, as Tributes, Impositions, Rents, Fines,
or whatsoever publique revenue, to collect, receive, issue,
or take the Accounts thereof, are Publique Ministers: Ministers,
because they serve the Person Representative, and can doe nothing
against his Command, nor without his Authority: Publique,
because they serve him in his Politicall Capacity.

Secondly, they that have Authority concerning the Militia;
to have the custody of Armes, Forts, Ports; to Levy, Pay,
or Conduct Souldiers; or to provide for any necessary thing
for the use of war, either by Land or Sea, are publique Ministers.
But a Souldier without Command, though he fight for the Common-wealth,
does not therefore represent the Person of it; because there is
none to represent it to. For every one that hath command,
represents it to them only whom he commandeth.

For Instruction Of The People
They also that have authority to teach, or to enable others
to teach the people their duty to the Soveraign Power, and instruct
them in the knowledge of what is just, and unjust, thereby to render
them more apt to live in godlinesse, and in peace among themselves,
and resist the publique enemy, are Publique Ministers: Ministers,
in that they doe it not by their own Authority, but by anothers;
and Publique, because they doe it (or should doe it) by no Authority,
but that of the Soveraign. The Monarch, or the Soveraign Assembly only
hath immediate Authority from God, to teach and instruct the people;
and no man but the Soveraign, receiveth his power Dei Gratia simply;
that is to say, from the favour of none but God: All other, receive
theirs from the favour and providence of God, and their Soveraigns;
as in a Monarchy Dei Gratia & Regis; or Dei Providentia & Voluntate Regis.

For Judicature
They also to whom Jurisdiction is given, are Publique Ministers.
For in their Seats of Justice they represent the person of the Soveraign;
and their Sentence, is his Sentence; For (as hath been before
declared) all Judicature is essentially annexed to the Soveraignty;
and therefore all other Judges are but Ministers of him, or them
that have the Soveraign Power. And as Controversies are of two sorts,
namely of Fact, and of Law; so are judgements, some of Fact, some of Law:
And consequently in the same controversie, there may be two Judges,
one of Fact, another of Law.

And in both these controversies, there may arise a controversie
between the party Judged, and the Judge; which because they be both
Subjects to the Soveraign, ought in Equity to be Judged by men
agreed on by consent of both; for no man can be Judge in his own cause.
But the Soveraign is already agreed on for Judge by them both,
and is therefore either to heare the Cause, and determine it himself,
or appoint for Judge such as they shall both agree on. And this
agreement is then understood to be made between them divers wayes;
as first, if the Defendant be allowed to except against such of
his Judges, whose interest maketh him suspect them, (for as to
the Complaynant he hath already chosen his own Judge,) those which
he excepteth not against, are Judges he himself agrees on.
Secondly, if he appeale to any other Judge, he can appeale no further;
for his appeale is his choice. Thirdly, if he appeale to the Soveraign
himself, and he by himself, or by Delegates which the parties shall
agree on, give Sentence; that Sentence is finall: for the Defendant
is Judged by his own Judges, that is to say, by himself.

These properties of just and rationall Judicature considered,
I cannot forbeare to observe the excellent constitution of
the Courts of Justice, established both for Common, and also
for Publique Pleas in England. By Common Pleas, I meane those,
where both the Complaynant and Defendant are Subjects: and by Publique,
(which are also called Pleas of the Crown) those, where the Complaynant
is the Soveraign. For whereas there were two orders of men,
whereof one was Lords, the other Commons; The Lords had this Priviledge,
to have for Judges in all Capitall crimes, none but Lords; and of them,
as many as would be present; which being ever acknowledged as
a Priviledge of favour, their Judges were none but such as they had
themselves desired. And in all controversies, every Subject
(as also in civill controversies the Lords) had for Judges,
men of the Country where the matter in controversie lay; against which
he might make his exceptions, till at last Twelve men without exception
being agreed on, they were Judged by those twelve. So that having
his own Judges, there could be nothing alledged by the party,
why the sentence should not be finall, These publique persons,
with Authority from the Soveraign Power, either to Instruct,
or Judge the people, are such members of the Common-wealth,
as may fitly be compared to the organs of Voice in a Body naturall.

For Execution
Publique Ministers are also all those, that have Authority from
the Soveraign, to procure the Execution of Judgements given;
to publish the Soveraigns Commands; to suppresse Tumults; to apprehend,
and imprison Malefactors; and other acts tending to the conservation
of the Peace. For every act they doe by such Authority, is the act
of the Common-wealth; and their service, answerable to that of the Hands,
in a Bodie naturall.

Publique Ministers abroad, are those that represent the Person
of their own Soveraign, to forraign States. Such are Ambassadors,
Messengers, Agents, and Heralds, sent by publique Authoritie,
and on publique Businesse.

But such as are sent by Authoritie only of some private partie
of a troubled State, though they be received, are neither Publique,
nor Private Ministers of the Common-wealth; because none of their
actions have the Common-wealth for Author. Likewise, an Ambassador
sent from a Prince, to congratulate, condole, or to assist at
a solemnity, though Authority be Publique; yet because the businesse
is Private, and belonging to him in his naturall capacity;
is a Private person. Also if a man be sent into another Country,
secretly to explore their counsels, and strength; though both
the Authority, and the Businesse be Publique; yet because there is
none to take notice of any Person in him, but his own; he is but
a Private Minister; but yet a Minister of the Common-wealth;
and may be compared to an Eye in the Body naturall. And those that
are appointed to receive the Petitions or other informations
of the People, and are as it were the publique Eare, are Publique
Ministers, and represent their Soveraign in that office.

Counsellers Without Other Employment Then
To Advise Are Not Publique Ministers
Neither a Counsellor, nor a Councell of State, if we consider it
with no Authority of Judicature or Command, but only of giving
Advice to the Soveraign when it is required, or of offering it
when it is not required, is a Publique Person. For the Advice
is addressed to the Soveraign only, whose person cannot in his
own presence, be represented to him, by another. But a Body of
Counsellors, are never without some other Authority, either of
Judicature, or of immediate Administration: As in a Monarchy,
they represent the Monarch, in delivering his Commands to the
Publique Ministers: In a Democracy, the Councell, or Senate
propounds the Result of their deliberations to the people,
as a Councell; but when they appoint Judges, or heare Causes,
or give Audience to Ambassadors, it is in the quality of a Minister
of the People: And in an Aristocracy the Councell of State is the
Soveraign Assembly it self; and gives counsell to none but themselves.

CHAPTER XXIV

OF THE NUTRITION, AND PROCREATION OF A COMMON-WEALTH

The Nourishment Of A Common-wealth Consisteth
In The Commodities Of Sea And Land;
The NUTRITION of a Common-wealth consisteth, in the Plenty,
and Distribution of Materials conducing to Life: In Concoction,
or Preparation; and (when concocted) in the Conveyance of it,
by convenient conduits, to the Publique use.

As for the Plenty of Matter, it is a thing limited by Nature,
to those commodities, which from (the two breasts of our common Mother)
Land, and Sea, God usually either freely giveth, or for labour
selleth to man-kind.

For the Matter of this Nutriment, consisting in Animals, Vegetals,
and Minerals, God hath freely layd them before us, in or neer to
the face of the Earth; so as there needeth no more but the labour,
and industry of receiving them. Insomuch as Plenty dependeth
(next to Gods favour) meerly on the labour and industry of men.

This Matter, commonly called Commodities, is partly Native,
and partly Forraign: Native, that which is to be had within
the Territory of the Common-wealth; Forraign, that which is
imported from without. And because there is no Territory
under the Dominion of one Common-wealth, (except it be of very
vast extent,) that produceth all things needfull for the maintenance,
and motion of the whole Body; and few that produce not something
more than necessary; the superfluous commodities to be had within,
become no more superfluous, but supply these wants at home,
by importation of that which may be had abroad, either by Exchange,
or by just Warre, or by Labour: for a mans Labour also, is a commodity
exchangeable for benefit, as well as any other thing: And there have
been Common-wealths that having no more Territory, than hath
served them for habitation, have neverthelesse, not onely maintained,
but also encreased their Power, partly by the labour of trading
from one place to another, and partly by selling the Manifactures,
whereof the Materials were brought in from other places.

And The Right Of Distribution Of Them
The Distribution of the Materials of this Nourishment, is the
constitution of Mine, and Thine, and His, that is to say,
in one word Propriety; and belongeth in all kinds of Common-wealth
to the Soveraign Power. For where there is no Common-wealth,
there is, (as hath been already shewn) a perpetuall warre of every man
against his neighbour; And therefore every thing is his that getteth it,
and keepeth it by force; which is neither Propriety nor Community;
but Uncertainty. Which is so evident, that even Cicero, (a passionate
defender of Liberty,) in a publique pleading, attributeth all Propriety
to the Law Civil, "Let the Civill Law," saith he, "be once abandoned,
or but negligently guarded, (not to say oppressed,) and there is nothing,
that any man can be sure to receive from his Ancestor, or leave
to his Children." And again; "Take away the Civill Law, and no man
knows what is his own, and what another mans." Seeing therefore the
Introduction of Propriety is an effect of Common-wealth; which can do
nothing but by the Person that Represents it, it is the act onely
of the Soveraign; and consisteth in the Lawes, which none can make
that have not the Soveraign Power. And this they well knew of old,
who called that Nomos, (that is to say, Distribution,) which we
call Law; and defined Justice, by distributing to every man his own.

All Private Estates Of Land Proceed Originally
From The Arbitrary Distribution Of The Soveraign
In this Distribution, the First Law, is for Division of the Land
it selfe: wherein the Soveraign assigneth to every man a portion,
according as he, and not according as any Subject, or any number of them,
shall judge agreeable to Equity, and the Common Good. The Children
of Israel, were a Common-wealth in the Wildernesse; but wanted
the commodities of the Earth, till they were masters of the
Land of Promise; which afterward was divided amongst them,
not by their own discretion, but by the discretion of Eleazar the Priest,
and Joshua their Generall: who when there were twelve Tribes,
making them thirteen by subdivision of the Tribe of Joseph;
made neverthelesse but twelve portions of the Land; and ordained
for the Tribe of Levi no land; but assigned them the Tenth part
of the whole fruits; which division was therefore Arbitrary.
And though a People comming into possession of a land by warre,
do not alwaies exterminate the antient Inhabitants, (as did the Jewes,)
but leave to many, or most, or all of them their Estates; yet it is
manifest they hold them afterwards, as of the Victors distribution;
as the people of England held all theirs of William the Conquerour.

Propriety Of A Subject Excludes Not The Dominion
Of The Soveraign, But Onely Of Another Subject
From whence we may collect, that the Propriety which a subject
hath in his lands, consisteth in a right to exclude all other
subjects from the use of them; and not to exclude their Soveraign,
be it an Assembly, or a Monarch. For seeing the Soveraign,
that is to say, the Common-wealth (whose Person he representeth,)
is understood to do nothing but in order to the common Peace
and Security, this Distribution of lands, is to be understood as
done in order to the same: And consequently, whatsoever Distribution
he shall make in prejudice thereof, is contrary to the will
of every subject, that committed his Peace, and safety to his discretion,
and conscience; and therefore by the will of every one of them,
is to be reputed voyd. It is true, that a Soveraign Monarch,
or the greater part of a Soveraign Assembly, may ordain the doing
of many things in pursuit of their Passions, contrary to their
own consciences, which is a breach of trust, and of the Law of Nature;
but this is not enough to authorise any subject, either to make
warre upon, or so much as to accuse of Injustice, or any way
to speak evill of their Soveraign; because they have authorised all
his actions, and in bestowing the Soveraign Power, made them their own.
But in what cases the Commands of Soveraigns are contrary to Equity,
and the Law of Nature, is to be considered hereafter in another place.

The Publique Is Not To Be Dieted
In the Distribution of land, the Common-wealth it selfe, may be
conceived to have a portion, and possesse, and improve the same
by their Representative; and that such portion may be made sufficient,
to susteine the whole expence to the common Peace, and defence
necessarily required: Which were very true, if there could be
any Representative conceived free from humane passions, and infirmities.
But the nature of men being as it is, the setting forth of Publique Land,
or of any certaine Revenue for the Common-wealth, is in vaine;
and tendeth to the dissolution of Government, and to the condition
of meere Nature, and War, assoon as ever the Soveraign Power
falleth into the hands of a Monarch, or of an Assembly, that are either
too negligent of mony, or too hazardous in engaging the publique stock,
into a long, or costly war. Common-wealths can endure no Diet:
For seeing their expence is not limited by their own appetite,
but by externall Accidents, and the appetites of their neighbours,
the Publique Riches cannot be limited by other limits, than those which
the emergent occasions shall require. And whereas in England,
there were by the Conquerour, divers Lands reserved to his own use,
(besides Forrests, and Chases, either for his recreation, or for
preservation of Woods,) and divers services reserved on the Land he
gave his Subjects; yet it seems they were not reserved for his
Maintenance in his Publique, but in his Naturall capacity:
For he, and his Successors did for all that, lay Arbitrary Taxes
on all Subjects land, when they judged it necessary. Or if those
publique Lands, and Services, were ordained as a sufficient
maintenance of the Common-wealth, it was contrary to the scope
of the Institution; being (as it appeared by those ensuing Taxes)
insufficient, and (as it appeares by the late Revenue of the Crown)
Subject to Alienation, and Diminution. It is therefore in vaine, to
assign a portion to the Common-wealth; which may sell, or give it away;
and does sell, and give it away when tis done by their Representative.

The Places And Matter Of Traffique Depend,
As Their Distribution, On The Soveraign
As the Distribution of Lands at home; so also to assigne in what places,
and for what commodities, the Subject shall traffique abroad,
belongeth to the Soveraign. For if it did belong to private persons
to use their own discretion therein, some of them would bee drawn
for gaine, both to furnish the enemy with means to hurt the
Common-wealth, and hurt it themselves, by importing such things,
as pleasing mens appetites, be neverthelesse noxious, or at least
unprofitable to them. And therefore it belongeth to the Common-wealth,
(that is, to the Soveraign only,) to approve, or disapprove both
of the places, and matter of forraign Traffique.

The Laws Of Transferring Property Belong
Also To The Soveraign
Further, seeing it is not enough to the Sustentation of a Common-wealth,
that every man have a propriety in a portion of Land, or in some
few commodities, or a naturall property in some usefull art,
and there is no art in the world, but is necessary either for the being,
or well being almost of every particular man; it is necessary,
that men distribute that which they can spare, and transferre
their propriety therein, mutually one to another, by exchange,
and mutuall contract. And therefore it belongeth to the Common-wealth,
(that is to say, to the Soveraign,) to appoint in what manner,
all kinds of contract between Subjects, (as buying, selling,
exchanging, borrowing, lending, letting, and taking to hire,)
are to bee made; and by what words, and signes they shall be
understood for valid. And for the Matter, and Distribution of
the Nourishment, to the severall Members of the Common-wealth,
thus much (considering the modell of the whole worke) is sufficient.

Mony The Bloud Of A Common-wealth
By Concoction, I understand the reducing of all commodities,
which are not presently consumed, but reserved for Nourishment
in time to come, to some thing of equal value, and withall so portably,
as not to hinder the motion of men from place to place; to the end a man
may have in what place soever, such Nourishment as the place affordeth.
And this is nothing else but Gold, and Silver, and Mony. For Gold
and Silver, being (as it happens) almost in all Countries of the world
highly valued, is a commodious measure for the value of all things
else between Nations; and Mony (of what matter soever coyned by the
Soveraign of a Common-wealth,) is a sufficient measure of the value
of all things else, between the Subjects of that Common-wealth.
By the means of which measures, all commodities, Moveable,
and Immoveable, are made to accompany a man, to all places of his resort,
within and without the place of his ordinary residence; and the same
passeth from Man to Man, within the Common-wealth; and goes round about,
Nourishing (as it passeth) every part thereof; In so much as
this Concoction, is as it were the Sanguification of the Common-wealth:
For naturall Bloud is in like manner made of the fruits of the Earth;
and circulating, nourisheth by the way, every Member of the Body of Man.