1651
LEVIATHAN OR THE MATTER,
FORME, & POWER OF A COMMON-WEALTH
ECCLESIASTICAL AND CIVILL
Thomas Hobbes of Malmesbury
Printed for Andrew Crooke,
at the Green Dragon
in St. Paul's Churchyard,
1651.
TRANSCRIBER'S NOTES ON THE E-TEXT:
This E-text was prepared from the Pelican Classics edition of Leviathan, which in turn was prepared from the first edition. I have tried to follow as closely as possible the original, and to give the flavour of the text that Hobbes himself proof-read, but the following differences were unavoidable.
Hobbes used capitals and italics very extensively, for emphasis, for proper names, for quotations, and sometimes, it seems, just because.
The original has very extensive margin notes, which are used to show where he introduces the definitions of words and concepts, to give in short the subject that a paragraph or section is dealing with, and to give references to his quotations, largely but not exclusively biblical. To some degree, these margin notes seem to have been intended to serve in place of an index, the original having none. They are all in italics.
He also used italics for words in other languages than English, and there are a number of Greek words, in the Greek alphabet, in the text.
To deal with these within the limits of plain vanilla ASCII, I have done the following in this E-text.
I have restricted my use of full capitalization to those places where Hobbes used it, except in the chapter headings, which I have fully capitalized, where Hobbes used a mixture of full capitalization and italics.
Where it is clear that the italics are to indicate the text is quoting, I have introduced quotation marks. Within quotation marks I have retained the capitalization that Hobbes used.
Where italics seem to be used for emphasis, or for proper names, or just because, I have capitalized the initial letter of the words. This has the disadvantage that they are not then distinguished from those that Hobbes capitalized in plain text, but the extent of his italics would make the text very ugly if I was to use an underscore or slash.
Where the margin notes are either to introduce the paragraph subject, or to show where he introduces word definitions, I have included them as headers to the paragraph, again with all words having initial capitals, and on a shortened line.
For margin references to quotes, I have included them in the text, in brackets immediately next to the quotation. Where Hobbes included references in the main text, I have left them as he put them, except to change his square brackets to round.
For the Greek alphabet, I have simply substituted the nearest ordinary letters that I can, and I have used initial capitals for foreign language words.
Neither Thomas Hobbes nor his typesetters seem to have had many inhibitions about spelling and punctuation. I have tried to reproduce both exactly, with the exception of the introduction of quotation marks.
In preparing the text, I have found that it has much more meaning if I read it with sub-vocalization, or aloud, rather than trying to read silently. Hobbes' use of emphasis and his eccentric punctuation and construction seem then to work.
TO MY MOST HONOR'D FRIEND Mr. FRANCIS GODOLPHIN of GODOLPHIN
HONOR'D SIR.
Your most worthy Brother Mr SIDNEY GODOLPHIN, when he lived, was pleas'd to think my studies something, and otherwise to oblige me, as you know, with reall testimonies of his good opinion, great in themselves, and the greater for the worthinesse of his person. For there is not any vertue that disposeth a man, either to the service of God, or to the service of his Country, to Civill Society, or private Friendship, that did not manifestly appear in his conversation, not as acquired by necessity, or affected upon occasion, but inhaerent, and shining in a generous constitution of his nature. Therefore in honour and gratitude to him, and with devotion to your selfe, I humbly Dedicate unto you this my discourse of Common-wealth. I know not how the world will receive it, nor how it may reflect on those that shall seem to favour it. For in a way beset with those that contend on one side for too great Liberty, and on the other side for too much Authority, 'tis hard to passe between the points of both unwounded. But yet, me thinks, the endeavour to advance the Civill Power, should not be by the Civill Power condemned; nor private men, by reprehending it, declare they think that Power too great. Besides, I speak not of the men, but (in the Abstract) of the Seat of Power, (like to those simple and unpartiall creatures in the Roman Capitol, that with their noyse defended those within it, not because they were they, but there) offending none, I think, but those without, or such within (if there be any such) as favour them. That which perhaps may most offend, are certain Texts of Holy Scripture, alledged by me to other purpose than ordinarily they use to be by others. But I have done it with due submission, and also (in order to my Subject) necessarily; for they are the Outworks of the Enemy, from whence they impugne the Civill Power. If notwithstanding this, you find my labour generally decryed, you may be pleased to excuse your selfe, and say that I am a man that love my own opinions, and think all true I say, that I honoured your Brother, and honour you, and have presum'd on that, to assume the Title (without your knowledge) of being, as I am,
Sir,
Your most humble, and most obedient servant, Thomas Hobbes.
Paris APRILL 15/25 1651.
CONTENTS
THE INTRODUCTION
PART 1 OF MAN
CHAPTER I. OF SENSE
CHAPTER II. OF IMAGINATION
Memory
Dreams
Apparitions Or Visions
Understanding
CHAPTER III. OF THE CONSEQUENCE OR TRAYNE OF IMAGINATIONS
Trayne Of Thoughts Unguided
Trayne Of Thoughts Regulated
Remembrance
Prudence
Signes
Conjecture Of The Time Past
CHAPTER IV. OF SPEECH
Originall Of Speech
The Use Of Speech
Abuses Of Speech
Names Proper & Common Universall
Subject To Names
Use Of Names Positive
Negative Names With Their Uses
Words Insignificant
Understanding
Inconstant Names
CHAPTER V. OF REASON, AND SCIENCE.
Reason What It Is
Reason Defined
Right Reason Where
The Use Of Reason
Of Error And Absurdity
Causes Of Absurditie
Science
Prudence & Sapience, With Their Difference
Signes Of Science
CHAPTER VI. OF THE INTERIOUR BEGINNINGS OF VOLUNTARY MOTIONS
Motion Vitall And Animal
Endeavour; Appetite; Desire; Hunger; Thirst; Aversion
Contempt
Good Evill
Pulchrum Turpe; Delightfull Profitable; Unpleasant Unprofitable
Delight Displeasure
Pleasure Offence
Pleasures Of Sense; Pleasures Of The Mind; Joy Paine Griefe
The Will
Formes Of Speech, In Passion
Good And Evill Apparent
Felicity
Praise Magnification
CHAPTER VII. OF THE ENDS OR RESOLUTIONS OF DISCOURSE
Judgement, or Sentence Final; Doubt
Science Opinion Conscience
Beliefe Faith
CHAPTER VIII. OF THE VERTUES COMMONLY CALLED INTELLECTUAL;
Intellectuall Vertue Defined
Wit, Naturall, Or Acquired
Good Wit, Or Fancy; Good Judgement; Discretion
Prudence
Craft
Acquired Wit
Giddinesse Madnesse
Rage
Melancholy
Insignificant Speech
CHAPTER IX. OF THE SEVERALL SUBJECTS OF KNOWLEDGE
CHAPTER X. OF POWER, WORTH, DIGNITY, HONOUR AND WORTHINESS
Power
Worth
Dignity
To Honour and Dishonour
Titles of Honour
Worthinesse Fitnesse
CHAPTER XI. OF THE DIFFERENCE OF MANNERS
What Is Here Meant By Manners
A Restlesse Desire Of Power, In All Men
Love Of Contention From Competition
Civil Obedience From Love Of Ease
From Feare Of Death Or Wounds
And From Love Of Arts
Love Of Vertue, From Love Of Praise
Hate, From Difficulty Of Requiting Great Benefits
And From Conscience Of Deserving To Be Hated
Promptnesse To Hurt, From Fear
And From Distrust Of Their Own Wit
Vain Undertaking From Vain-glory
Ambition, From Opinion Of Sufficiency
Irresolution, From Too Great Valuing Of Small Matters
And From The Ignorance Of Naturall Causes
And From Want Of Understanding
Credulity From Ignorance Of Nature
Curiosity To Know, From Care Of Future Time
Naturall Religion, From The Same
CHAPTER XII. OF RELIGION
Religion, In Man Onely
First, From His Desire Of Knowing Causes
From The Consideration Of The Beginning Of Things
From His Observation Of The Sequell Of Things
Which Makes Them Fear The Power Of Invisible Things
And Suppose Them Incorporeall
But Know Not The Way How They Effect Anything
But Honour Them As They Honour Men
And Attribute To Them All Extraordinary Events
Foure Things, Naturall Seeds Of Religion
Made Different By Culture
The Absurd Opinion Of Gentilisme
The Causes Of Change In Religion
Injoyning Beleefe Of Impossibilities
Doing Contrary To The Religion They Establish
Want Of The Testimony Of Miracles
CHAPTER XIII. OF THE NATURALL CONDITION OF MANKIND,
From Equality Proceeds Diffidence
From Diffidence Warre
Out Of Civil States,
The Incommodites Of Such A War
In Such A Warre, Nothing Is Unjust
The Passions That Incline Men To Peace
CHAPTER XIV. OF THE FIRST AND SECOND NATURALL LAWES, AND OF CONTRACTS
Right Of Nature What
Liberty What
A Law Of Nature What
Naturally Every Man Has Right To Everything
The Fundamental Law Of Nature
The Second Law Of Nature
What it is to lay down a Right
Renouncing (or) Transferring Right What; Obligation Duty Justice
Not All Rights Are Alienable
Contract What
Covenant What
Free-gift
Signes Of Contract Expresse
Signes Of Contract By Inference
Free Gift Passeth By Words Of The Present Or Past
Merit What
Covenants Of Mutuall Trust, When Invalid
Right To The End, Containeth Right To The Means
No Covenant With Beasts
Nor With God Without Speciall Revelation
No Covenant, But Of Possible And Future
Covenants How Made Voyd
Covenants Extorted By Feare Are Valide
The Former Covenant To One, Makes Voyd The Later To Another
A Mans Covenant Not To Defend Himselfe, Is Voyd
No Man Obliged To Accuse Himselfe
The End Of An Oath; The Forme Of As Oath
No Oath, But By God
An Oath Addes Nothing To The Obligation
CHAPTER XV. OF OTHER LAWES OF NATURE
The Third Law Of Nature, Justice
Justice And Injustice What
Justice Not Contrary To Reason
Covenants Not Discharged By The Vice Of The Person To Whom Made
Justice Of Men, And Justice Of Actions What
Justice Of Manners, And Justice Of Actions
Nothing Done To A Man, By His Own Consent Can Be Injury
Justice Commutative, And Distributive
The Fourth Law Of Nature, Gratitude
The Fifth, Mutuall accommodation, or Compleasance
The Sixth, Facility To Pardon
The Seventh, That In Revenges, Men Respect Onely The Future Good
The Eighth, Against Contumely
The Ninth, Against Pride
The Tenth Against Arrogance
The Eleventh Equity
The Twelfth, Equall Use Of Things Common
The Thirteenth, Of Lot
The Fourteenth, Of Primogeniture, And First Seising
The Fifteenth, Of Mediators
The Sixteenth, Of Submission To Arbitrement
The Seventeenth, No Man Is His Own Judge
The Eighteenth, No Man To Be Judge, That Has In Him Cause Of Partiality
The Nineteenth, Of Witnesse
A Rule, By Which The Laws Of Nature May Easily Be Examined
The Lawes Of Nature Oblige In Conscience Alwayes,
The Laws Of Nature Are Eternal;
And Yet Easie
The Science Of These Lawes, Is The True Morall Philosophy
CHAPTER XVI. OF PERSONS, AUTHORS, AND THINGS PERSONATED
Person Naturall, And Artificiall
The Word Person, Whence
Actor, Author; Authority
Covenants By Authority, Bind The Author
But Not The Actor
The Authority Is To Be Shewne
Things Personated, Inanimate
Irrational
False Gods
The True God
A Multitude Of Men, How One Person
Every One Is Author
An Actor May Be Many Men Made One By Plurality Of Voyces
Representatives, When The Number Is Even, Unprofitable
Negative Voyce
PART II. OF COMMON-WEALTH
CHAPTER XVII. OF THE CAUSES, GENERATION, AND DEFINITION OF A
The End Of Common-wealth, Particular Security
Which Is Not To Be Had From The Law Of Nature:
Nor From The Conjunction Of A Few Men Or Familyes
Nor From A Great Multitude, Unlesse Directed By One Judgement
And That Continually
Why Certain Creatures Without Reason, Or Speech,
Do Neverthelesse Live In Society, Without Any Coercive Power
The Generation Of A Common-wealth
The Definition Of A Common-wealth
Soveraigne, And Subject, What
CHAPTER XVIII. OF THE RIGHTS OF SOVERAIGNES BY INSTITUTION
The Act Of Instituting A Common-wealth, What
The Consequences To Such Institution, Are
I. The Subjects Cannot Change The Forme Of Government
From this Institution of a Common-wealth are derived all the Rights, and
2. Soveraigne Power Cannot Be Forfeited
3. No Man Can Without Injustice Protest Against The
4. The Soveraigns Actions Cannot Be Justly Accused By The Subject
5. What Soever The Soveraigne Doth, Is Unpunishable By The Subject
6. The Soveraigne Is Judge Of What Is Necessary For The Peace
And Judge Of What Doctrines Are Fit To Be Taught Them
7. The Right Of Making Rules, Whereby The Subject May
8. To Him Also Belongeth The Right Of All Judicature
9. And Of Making War, And Peace, As He Shall Think Best:
10. And Of Choosing All Counsellours, And Ministers,
11. And Of Rewarding, And Punishing, And That (Where No
12. And Of Honour And Order
These Rights Are Indivisible
And Can By No Grant Passe Away Without Direct
The Power And Honour Of Subjects Vanisheth In The Presence
Soveraigne Power Not Hurtfull As The Want Of It,
CHAPTER XIX. OF THE SEVERALL KINDS OF COMMON-WEALTH BY INSTITUTION,
The Different Formes Of Common-wealths But Three
Tyranny And Oligarchy, But Different Names Of Monarchy, And Aristocracy
Subordinate Representatives Dangerous
Comparison Of Monarchy, With Soveraign Assemblyes
Of The Right Of Succession
Succession Passeth By Expresse Words;
Or, By Not Controlling A Custome;
Or, By Presumption Of Naturall Affection
To Dispose Of The Succession, Though To A King Of Another Nation,
CHAPTER XX. OF DOMINION PATERNALL AND DESPOTICALL
Wherein Different From A Common-wealth By Institution
The Rights Of Soveraignty The Same In Both
Dominion Paternall How Attained Not By Generation, But By Contract
Or Education;
Or Precedent Subjection Of One Of The Parents To The Other
The Right Of Succession Followeth The Rules Of The Rights Of Possession
Despoticall Dominion, How Attained
Not By The Victory, But By The Consent Of The Vanquished
Difference Between A Family And A Kingdom
The Right Of Monarchy From Scripture
Soveraign Power Ought In All Common-wealths To Be Absolute
CHAPTER XXI. OF THE LIBERTY OF SUBJECTS
Liberty What
What It Is To Be Free
Feare And Liberty Consistent
Liberty And Necessity Consistent
Artificiall Bonds, Or Covenants
Liberty Of Subjects Consisteth In Liberty From Covenants
Liberty Of The Subject Consistent With Unlimited Power Of The Soveraign
The Liberty Which Writers Praise, Is The Liberty Of Soveraigns;
Liberty Of The Subject How To Be Measured
Subjects Have Liberty To Defend Their Own Bodies,
Are Not Bound To Hurt Themselves;
Nor To Warfare, Unless They Voluntarily Undertake It
The Greatest Liberty Of Subjects, Dependeth On The Silence Of The Law
In What Cases Subjects Absolved Of Their Obedience To Their Soveraign
In Case Of Captivity
In Case The Soveraign Cast Off The Government From Himself And Heyrs
In Case Of Banishment
In Case The Soveraign Render Himself Subject To Another
CHAPTER XXII. OF SYSTEMES SUBJECT, POLITICALL, AND PRIVATE
The Divers Sorts Of Systemes Of People
In All Bodies Politique The Power Of The Representative Is Limited
By Letters Patents
And The Lawes
When The Representative Is One Man, His Unwarranted Acts His Own Onely
When It Is An Assembly, It Is The Act Of Them That Assented Onely
When It Is An Assembly, They Onely Are Liable That Have Assented
If The Debt Be To One Of The Assembly, The Body Onely Is Obliged
Protestation Against The Decrees Of Bodies Politique
Bodies Politique For Government Of A Province, Colony, Or Town
Bodies Politique For Ordering Of Trade
A Bodie Politique For Counsel To Be Give To The Soveraign
A Regular Private Body, Lawfull, As A Family
Private Bodies Regular, But Unlawfull
Systemes Irregular, Such As Are Private Leagues
Secret Cabals
Feuds Of Private Families
Factions For Government
CHAPTER XXIII. OF THE PUBLIQUE MINISTERS OF SOVERAIGN POWER
Publique Minister Who
Ministers For The Generall Administration
For Speciall Administration, As For Oeconomy
For Instruction Of The People
For Judicature
For Execution
Counsellers Without Other Employment Then To Advise
CHAPTER XXIV. OF THE NUTRITION, AND PROCREATION OF A COMMON-WEALTH
And The Right Of Distribution Of Them
All Private Estates Of Land Proceed Originally
Propriety Of A Subject Excludes Not The Dominion Of The Soveraign,
The Publique Is Not To Be Dieted
The Places And Matter Of Traffique Depend, As Their Distribution,
The Laws Of Transferring Property Belong Also To The Soveraign
Mony The Bloud Of A Common-wealth
The Conduits And Way Of Mony To The Publique Use
The Children Of A Common-wealth Colonies
CHAPTER XXV. OF COUNSELL
Counsell What
Differences Between Command And Counsell
Exhortation And Dehortation What
Differences Of Fit And Unfit Counsellours
CHAPTER XXVI. OF CIVILL LAWES
Civill Law what
The Soveraign Is Legislator
And Not Subject To Civill Law
Use, A Law Not By Vertue Of Time, But Of The Soveraigns Consent
The Law Of Nature, And The Civill Law Contain Each Other
Provinciall Lawes Are Not Made By Custome, But By The Soveraign Power
Some Foolish Opinions Of Lawyers Concerning The Making Of Lawes
Law Made, If Not Also Made Known, Is No Law
Unwritten Lawes Are All Of Them Lawes Of Nature
Nothing Is Law Where The Legislator Cannot Be Known
Difference Between Verifying And Authorising
The Law Verifyed By The Subordinate Judge
By The Publique Registers
By Letters Patent, And Publique Seale
The Interpretation Of The Law Dependeth On The Soveraign Power
All Lawes Need Interpretation
The Authenticall Interpretation Of Law Is Not That Of Writers
The Interpreter Of The Law Is The Judge Giving Sentence Viva Voce
The Sentence Of A Judge, Does Not Bind Him, Or Another Judge
The Difference Between The Letter And Sentence Of The Law
The Abilities Required In A Judge
Divisions Of Law
Another Division Of Law
Divine Positive Law How Made Known To Be Law
Another Division Of Lawes
A Fundamentall Law What
Difference Between Law And Right
And Between A Law And A Charter
CHAPTER XXVII. OF CRIMES, EXCUSES, AND EXTENUATIONS
A Crime What
Where No Civill Law Is, There Is No Crime
Ignorance Of The Law Of Nature Excuseth No Man
Ignorance Of The Civill Law Excuseth Sometimes
Ignorance Of The Soveraign Excuseth Not
Ignorance Of The Penalty Excuseth Not
Punishments Declared Before The Fact, Excuse From Greater Punishments
Nothing Can Be Made A Crime By A Law Made After The Fact
False Principles Of Right And Wrong Causes Of Crime
False Teachers Mis-interpreting The Law Of Nature Secondly, by false
And False Inferences From True Principles, By Teachers
By Their Passions;
Presumption Of Riches
And Friends
Wisedome
Hatred, Lust, Ambition, Covetousnesse, Causes Of Crime
Fear Sometimes Cause Of Crime, As When The Danger Is Neither Present,
Crimes Not Equall
Totall Excuses
Excuses Against The Author
Presumption Of Power, Aggravateth
Evill Teachers, Extenuate
Examples Of Impunity, Extenuate
Praemeditation, Aggravateth
Tacite Approbation Of The Soveraign, Extenuates
Comparison Of Crimes From Their Effects
Laesae Majestas
Bribery And False Testimony
Depeculation
Counterfeiting Authority
Crimes Against Private Men Compared
Publique Crimes What
CHAPTER XXVIII. OF PUNISHMENTS, AND REWARDS
The Definition Of Punishment
Right To Punish Whence Derived
Private Injuries, And Revenges No Punishments
Nor Denyall Of Preferment
Nor Pain Inflicted Without Publique Hearing
Nor Pain Inflicted By Usurped Power
Nor Pain Inflicted Without Respect To The Future Good
Naturall Evill Consequences, No Punishments
Hurt Inflicted, If Lesse Than The Benefit Of Transgressing,
Where The Punishment Is Annexed To The Law, A Greater Hurt Is Not
Hurt Inflicted For A Fact Done Before The Law, No Punishment
The Representative Of The Common-wealth Unpunishable
Hurt To Revolted Subjects Is Done By Right Of War, Not
Punishments Corporall