The English works of Thomas Hobbes of Malmesbury, Volume 04 · Thomas Hobbes
CHAPTER IX.
1. The law over sovereigns, _salus populi_. 2. That sovereigns ought to establish the religion they hold for best. 3. That to forbid unnatural copulation, promiscuous use of women, &c. is the law of nature. 4. That to leave man as much liberty as may be, &c. is the duty of a sovereign by the law of nature. 5. _Meum_ and _tuum_, to be set out to the subjects, distinct from one another, &c. a duty of sovereigns by the law of nature. 6. An extraordinary power for judging the abuses of magistrates, necessary, &c. 7. The suppressing of popularity, &c. necessary, &c. 8. The instruction of youth, &c. necessary, &c. 9. Avoiding of unnecessary war, a necessary duty of the sovereign, &c. [Sidenote: The law over sovereigns _salus populi_.]
1. Having hitherto set forth how a body politic is made, and how it may be destroyed, this place requireth to say something concerning the preservation of the same, not purposing to enter into the particulars of the art of government, but to sum up the general heads, wherein such art is to be employed, and in which consisteth the duty of him or them that have the sovereign power. For the duty of a sovereign consisteth in the good government of the people. And although the acts of sovereign power be no injuries to the subjects who have consented to the same by their implicit wills, yet when they tend to the hurt of the people in general, they be breaches of the law of nature, and of the divine law; and consequently, the contrary acts are the duties of sovereigns, and required at their hands to the utmost of their endeavour, by God Almighty, under the pain of eternal death. And as the art and duty of sovereigns consist in the same acts, so also doth their profit. For the end of art, is profit; and governing to the profit of the subjects, is governing to the profit of the sovereign, as hath been showed Part II. chapter V. section 1. And these three: 1. The law over them that have sovereign power: 2. Their duty: 3. Their profit: are one and the same thing contained in this sentence, _Salus populi suprema lex_. By which must be understood, not the mere preservation of their lives, but generally their benefit and good. So that this is the general law for sovereigns, _That they procure, to the uttermost of their endeavour, the good of the people_.
7. Besides these considerations, by which are prevented the discontents that arise from oppression, there ought to be some means for the keeping under of those, that are disposed to rebellion by ambition; which consist principally in the constancy of him that hath the sovereign power, who ought therefore constantly to grace and encourage such, as being able to serve the commonwealth, do nevertheless contain themselves within the bounds of modesty, without repining at the authority of such as are employed, and without aggravating the errors, which, as men, they may commit, especially when they suffer not in their own particular; and constantly to show displeasure, and dislike of the contrary. And not only so, but also to ordain severe punishments for such, as shall by reprehension of public actions, affect popularity and applause amongst the multitude, by which they may be enabled to have a faction in the commonwealth at their devotion. [Sidenote: The instruction of youth, &c. necessary, &c.]
8. Another thing necessary, is the rooting out of the consciences of men, all those opinions which seem to justify and give pretence of right to rebellious actions; such as are the opinions, that a man can do nothing lawfully against his private conscience; that they who have the sovereignty, are subject to the civil laws; that there is any authority of subjects, whose negative may hinder the affirmative of the sovereign power; that any subject hath a propriety distinct from the dominion of the commonwealth; that there is a body of the people without him or them that have the sovereign power; and that any lawful sovereign may be resisted under the name of a tyrant; which opinions are they, which, Part II. chap. VIII. sect. 5-10, have been declared to dispose men to rebellion. And because opinions which are gotten by education, and in length of time, are made habitual, cannot be taken away by force, and upon the sudden; they must therefore be taken away also by time and education. And seeing the said opinions have proceeded from private and public teaching, and those teachers have received them from grounds and principles, which they have learned in the Universities, from the doctrine of Aristotle, and others, who have delivered nothing concerning morality and policy demonstratively; but being passionately addicted to popular government, have insinuated their opinions by eloquent sophistry. There is no doubt, if the true doctrine concerning the law of nature, and the properties of a body politic, and the nature of law in general, were perspicuously set down and taught in the Universities, but that young men, who come thither void of prejudice, and whose minds are as white paper, capable of any instruction, would more easily receive the same, and afterward teach it to the people, both in books and otherwise, than now they do the contrary.
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