The English works of Thomas Hobbes of Malmesbury, Volume 04 · Thomas Hobbes
CHAPTER VI.
1. That men, notwithstanding these laws, are still in the state of war, till they have security one against another. 2. The law of nature in war, is nothing but honour. 3. No security without the concord of many. 4. That concord of many cannot be maintained without power to keep them all in awe. 5. The cause why concord remaineth in a multitude of some irrational creatures, and not of men. 6. That union is necessary for the maintaining of concord. 7. How union is made. 8. Body politic defined. 9. Corporation defined. 10. Sovereign and subject defined. 11. Two sorts of bodies politic, patrimonial and commonwealth. [Sidenote: That men, notwithstanding these laws, are still in the state of war, till they have security one against another.]
1. In chapter XII. section 6, of the _Treatise of Human Nature_, it hath been shewed, that the opinions men have of the rewards and punishments which are to follow their actions, are the causes that make and govern the will to those actions. In this estate of man therefore, wherein all men are equal, and every man allowed to be his own judge, the fears they have one of another are equal, and every man’s hopes consist in his own sleight and strength: and consequently when any man by his natural passion, is provoked to break these laws of nature, there is no security in any other man of his own defence but _anticipation_. And for this cause, every man’s right, howsoever he be inclined to peace, of doing whatsoever seemeth good in his own eyes, remaineth with him still, as the necessary means of his preservation. And therefore till there be security amongst men for the keeping of the law of nature one towards another, men are still in the estate of war, and nothing is unlawful to any man that tendeth to his own safety or commodity: and this safety and commodity consisteth in the mutual aid and help of one another, whereby also followeth the mutual fear of one another. [Sidenote: The law of nature in war, is nothing but honour.]
2. It is a proverbial saying, _inter arma silent leges_. There is a little therefore to be said concerning the laws that men are to observe one towards another in time of war, wherein every man’s being and well-being is the rule of his actions. Yet thus much the law of nature commandeth in war, that men satiate not the cruelty of their present passions, whereby in their own conscience they foresee no benefit to come. For that betrayeth not a necessity, but a disposition of the mind to war, which is against the law of nature. And in old time we read, that rapine was a trade of life, wherein nevertheless many of them that used it, did not only spare the lives of those they invaded, but left them also such things, as were necessary to preserve that life which they had given them; as namely their oxen and instruments for tillage, though they carried away all their other cattle and substance. And as the rapine itself was warranted in the law of nature, by the want of security otherwise to maintain themselves, so the exercise of cruelty was forbidden by the same law of nature, unless fear suggested anything to the contrary. For nothing but fear can justify the taking away of another’s life. And because fear can hardly be made manifest, but by some action dishonourable, that bewrayeth the conscience of one’s own weakness, all men, in whom the passion of courage or magnanimity hath been predominant, have abstained from cruelty; insomuch, that though there be in war no law, the breach whereof is injury, yet there are in war those laws, the breach whereof is dishonour. In one word, therefore, the only law of actions in war, is _honour_; and the right of war, _providence_.
But in a multitude of men, there are always some that think themselves wiser than the rest, and strive to alter what they think amiss, and divers of them strive to alter divers ways, and that causeth war. Fourthly, they want speech, and are therefore unable to instigate one another to faction, which men want not. Fifthly, they have no conception of right and wrong, but only of pleasure and pain, and therefore also no censure of one another, nor of their commander, as long as they are themselves at ease; whereas men that make themselves judges of right and wrong, are then least at quiet, when they are most at ease. Lastly, natural concord, such as is amongst those creatures, is the work of God by the way of nature; but concord amongst men is artificial, and by way of covenant. And therefore no wonder, if such irrational creatures as govern themselves in multitude, do it much more firmly than mankind, that do it by arbitrary institution. [Sidenote: That union is necessary for the maintaining of concord.]
6. It remaineth therefore still, that consent, by which I understand the concurrence of many men’s wills to one action, is not sufficient security for their common peace, without the erection of some common power, by the fear whereof they may be compelled both to keep the peace amongst themselves, and to join their strengths together, against a common enemy. And that this may be done, there is no way imaginable, but only union, which is defined, chapter XII. section 8, to be the involving, or including the wills of many in the will of one man, or in the will of the greatest part of any one number of men, that is to say, in the will of one man, or of one _council_. For a council is nothing else but an _assembly_ of men deliberating concerning something common to them all. [Sidenote: How union is made.]
7. The making of union consisteth in this, that every man by covenant oblige himself to some one and the same man, or to some one and the same council, by them all named and determined, to do those actions, which the said man or council shall command them to do, and to do no action, which he or they shall forbid, or command them not to do. And further, in case it be a council, whose commands they covenant to obey, that then also they covenant, that every man shall hold that for the command of the whole council, which is the command of the greater part of those men, whereof such council consisteth. And though the will of man being not voluntary, but the beginning of voluntary actions, is not subject to deliberation and covenant; yet when a man covenanteth to subject his will to the command of another, he obligeth himself to this, that he resign his strength and means to him, whom he covenanteth to obey. And hereby he that is to command, may by the use of all their means and strength, be able by the terror thereof, to frame the will of them all to unity and concord, amongst themselves. [Sidenote: Body politic defined.] 8. This union so made, is that which men call now a-days, a _body politic_, or civil society; and the Greeks call it πόλις, that is to say, a city, which may be defined to be a multitude of men, united as one person, by a common power, for their common peace, defence, and benefit.
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