Thomas Hobbes’s Leviathan
(1651)
Excerpts on the formation of government.
Chapter
XVI. Of Persons, Authors, and Things Personated
A PERSON is
he whose words or actions are considered, either as his own, or as representing
the words or actions of another man, or of any other thing to whom they are
attributed, whether truly or by fiction.
When they are
considered as his own, then is he called a natural person: and when
they are considered as representing the words and actions of another, then is
he a feigned or artificial person.
The word person is
Latin,
instead whereof the Greeks have
πρόσωπον [prosopon], which
signifies the face, as persona in Latin signifies the disguise, or outward
appearance of a man, counterfeited on the stage; and sometimes more particularly that part of
it which disguiseth the face, as a mask or vizard: and from the
stage hath been translated to any representer of speech and action,
as well in tribunals as theatres. So that a person is the same
that an actor is, both on the stage and in common
conversation; and to personate is to act or represent himself or
another; and he that acteth another is said to bear his person, or act
in his name—in which sense Cicero useth it where he says, Unus sustineo tres personas; mei, adversarii,
et judicis; I bear three persons; my own, my adversary's, and the
judge's—and is called in diverse occasions, diversely; as a representer,
or representative, a lieutenant, a vicar, an attorney, a deputy, a procurator, an
actor, and the like.
Of persons
artificial, some have their words and actions owned by those whom they
represent. And then the person is the actor, and he that owneth his
words and actions is the author, in which case the actor acteth by authority. For that
which in speaking of goods and possessions is called an owner, and in
Latin dominus in Greek kurios; speaking of
actions, is called author. And as the right of possession is called dominion so
the right of doing any action is called authority. So that by authority is
always understood a right of doing any act; and done by authority, done by
commission or license from him whose right it is.
From hence
it followeth that when the actor maketh a covenant by authority,
he bindeth thereby the author no less than if he had made it himself; and no
less subjecteth him to all the consequences of the same. And
therefore all that hath been said formerly (Chapter XIV) of the nature of
covenants between man and man in their natural capacity is true also when they
are made by their actors, representers, or procurators, that have
authority from them, so far forth as is in their commission, but no further.
And therefore he
that maketh a covenant with the actor, or representer, not
knowing the authority he hath, doth it at his own peril. For no man is
obliged by a covenant whereof he is not author, nor consequently by a covenant
made against or beside the authority he gave.
When the actor
doth anything against the law of nature by command of the author, if he be
obliged by former covenant to obey him, not he, but the
author breaketh the law of nature: for though the action be against
the law of nature, yet it is not his; but, contrarily, to refuse to do it is
against the law of nature that forbiddeth breach of covenant.
And he
that maketh a covenant with the author, by mediation of the actor,
not knowing what authority he hath, but only takes his word; in case such
authority be not made manifest unto him upon demand, is no longer
obliged: for the covenant made with the author is not valid without his
counter-assurance. But if he that so covenanteth knew beforehand he
was to expect no other assurance than the actor's word, then is the
covenant valid, because the actor in this case maketh himself the
author. And therefore, as when the authority is evident, the
covenant obligeth the author, not the actor; so when the authority is
feigned, it obligeth the actor only, there being no author but
himself.
There are few
things that are incapable of being represented by fiction. Inanimate things, as
a church, a hospital, a bridge, may be personated by a rector, master, or
overseer. But things inanimate cannot be authors, nor therefore give authority
to their actors: yet the actors may have authority to procure their
maintenance, given them by those that are owners or governors of those things.
And therefore such things cannot be personated before there be some
state of civil government.
Likewise
children, fools, and madmen that have no use of reason may be personated by
guardians, or curators, but can be no authors during that time of any action
done by them, longer than (when they shall recover the use of reason) they
shall judge the same reasonable. Yet during the folly he that hath right of
governing them may give authority to the guardian. But this again has no place
but in a state civil, because before such estate there is no dominion of
persons.
An idol, or mere
figment of the brain, may be personated, as were the gods of the heathen,
which, by such officers as the state appointed, were personated, and held
possessions, and other goods, and rights, which men from time to time dedicated
and consecrated unto them. But idols cannot be authors: for an idol is nothing.
The authority proceeded from the state, and therefore before introduction of
civil government the gods of the heathen could not be personated.
The true God may be
personated. As He was: first, Moses, who governed the Israelites, that were
not his, but God's people; not in his own name, with hoc dicit Moses, but in
God's name, with hoc dicit Dominus. Secondly, by the Son of Man,
His own Son, our blessed Saviour Jesus Christ, that came to reduce the Jews and
induce all nations into the kingdom of his Father; not as of himself, but as
sent from his Father. And thirdly, by the Holy Ghost, or Comforter, speaking
and working in the Apostles; which Holy Ghost was a Comforter that came not
of himself, but was sent and proceeded from them both.
A multitude of
men are made one person when they are by one man, or one person, represented;
so that it be done with the consent of every one of that multitude in
particular. For it is the unity of the representer, not the unity of the
represented, that maketh the person one. And it is the representer that beareth the
person,
and but one person: and unity cannot otherwise be understood in multitude.
And because the
multitude naturally is not one, but many, they cannot be understood for one,
but in any authors, of everything their representative saith or doth
in their name; every man giving their common representer authority
from himself in particular, and owning all the actions
the representer doth, in case they give him authority without stint:
otherwise, when they limit him in what and how far he shall represent them,
none of them owneth more than they gave him commission to act.
And if
the representative consist of many men, the voice of the greater
number
must be considered as the voice of them all. For if the lesser number pronounce,
for example, in the affirmative, and the greater in the negative, there will be
negatives more than enough to destroy the affirmatives, and thereby the excess
of negatives, standing uncontradicted, are the only voice the
representative hath.
And a representative
of even number, especially when the number is not great, whereby the
contradictory voices are oftentimes equal, is therefore oftentimes mute and
incapable of action. Yet in some cases contradictory voices equal in number may
determine a question; as in condemning, or absolving, equality of votes, even
in that they condemn not, do absolve; but not on the contrary condemn, in that
they absolve not. For when a cause is heard, not to condemn is to absolve; but
on the contrary to say that not absolving is condemning is not true. The like
it is in deliberation of executing presently, or deferring till another time:
for when the voices are equal, the not decreeing execution is a decree of
dilation.
Or if the number
be odd, as three, or more, men or assemblies, whereof everyone has, by a
negative voice, authority to take away the effect of all the affirmative voices
of the rest, this number is no representative; by the diversity of opinions and
interests of men, it becomes oftentimes, and in cases of the greatest
consequence, a mute person and unapt, as for many things else, so for the
government of a multitude, especially in time of war.
Of authors
there be two sorts. The first simply so called, which I have before
defined to be him that owneth the action of another simply. The
second is he that owneth an action or covenant of another
conditionally; that is to say, he undertaketh to do it, if the other
doth it not, at or before a certain time. And these authors conditional are
generally called sureties, in Latin, fidejussores and sponsores;
and particularly for debt, praedes and for appearance before a
judge or magistrate, vades.
Chapter
XVII. Of the Causes, Generation, and Definition of a Commonwealth
THE final cause,
end, or design of men (who naturally love liberty, and dominion over others) in
the introduction of that restraint upon themselves, in which we see them live
in Commonwealths, is the foresight of their own preservation, and of a more
contented life thereby; that is to say, of getting themselves out from that
miserable condition of war which is necessarily consequent, as hath been shown,
to the natural passions of men when there is no visible power to keep them in
awe, and tie them by fear of punishment to the performance of their covenants,
and observation of those laws of nature set down in the fourteenth and
fifteenth chapters.
For the laws of
nature, as justice, equity, modesty, mercy, and, in sum, doing to others as we
would be done to, of themselves, without the terror of some power to cause
them to be observed, are contrary to our natural passions, that carry us to
partiality, pride, revenge, and the like. And covenants, without the
sword, are but words and of no strength to secure a man at all. Therefore,
notwithstanding the laws of nature (which everyone hath then kept, when he has
the will to keep them, when he can do it safely), if there be no power erected,
or not great enough for our security, every man will and may lawfully rely on
his own strength and art for caution against all other men. And in all places,
where men have lived by small families, to rob and spoil one another has been a
trade, and so far from being reputed against the law of nature that the greater
spoils they gained, the greater was their honour; and men observed no
other laws therein but the laws of honour; that is, to abstain from
cruelty, leaving to men their lives and instruments of husbandry. And as small
families did then; so now do cities and kingdoms, which are but greater
families (for their own security), enlarge their dominions upon
all pretences of danger, and fear of invasion, or assistance that may
be given to invaders; endeavour as much as they can to subdue or
weaken their neighbours by open force, and secret arts, for want of
other caution, justly; and are remembered for it in after ages
with honour.
Nor is it the
joining together of a small number of men that gives them this security; because
in small numbers, small additions on the one side or the other make the
advantage of strength so great as is sufficient to carry the victory, and
therefore gives encouragement to an invasion. The multitude sufficient to
confide in for our security is not determined by any certain number, but by
comparison with the enemy we fear; and is then sufficient when the odds of the
enemy is not of so visible and conspicuous moment to determine the event of
war, as to move him to attempt.
And be there
never so great a multitude; yet if their actions be directed according to their
particular judgements, and particular appetites, they can expect thereby
no defence, nor protection, neither against a common enemy, nor against
the injuries of one another. For being distracted in opinions concerning the
best use and application of their strength, they do not help, but hinder one
another, and reduce their strength by mutual opposition to nothing: whereby
they are easily, not only subdued by a very few that agree together, but also,
when there is no common enemy, they make war upon each other for their
particular interests. For if we could suppose a great multitude of men to
consent in the observation of justice, and other laws of nature, without a
common power to keep them all in awe, we might as well suppose all mankind to
do the same; and then there neither would be, nor need to be, any civil
government or Commonwealth at all, because there would be peace without
subjection.
Nor is it enough for
the security, which men desire should last all the time of their life, that
they be governed and directed by one judgement for a limited time; as in one
battle, or one war. For though they obtain a victory by their
unanimous endeavour against a foreign enemy, yet afterwards, when
either they have no common enemy, or he that by one part is held for an enemy
is by another part held for a friend, they must needs by the difference of
their interests dissolve, and fall again into a war amongst themselves.
It is true that
certain living creatures, as bees and ants, live sociably one with another
(which are therefore by Aristotle numbered amongst political creatures), and
yet have no other direction than their particular judgements and appetites; nor
speech, whereby one of them can signify to another what he thinks expedient for
the common benefit: and therefore some man may perhaps desire to know why
mankind cannot do the same. To which I answer,
First, that men
are continually in competition for honour and dignity, which these
creatures are not; and consequently amongst men there ariseth on that
ground, envy, and hatred, and finally war; but amongst these not so.
Secondly, that
amongst these creatures the common good differeth not from the
private; and being by nature inclined to their private, they procure thereby
the common benefit. But man, whose joy consisteth in comparing
himself with other men, can relish nothing but what is eminent.
Thirdly, that
these creatures, having not, as man, the use of reason, do not see, nor think
they see, any fault in the administration of their common business: whereas
amongst men there are very many that think themselves wiser and abler to govern
the public better than the rest, and these strive to reform and innovate, one this
way, another that way; and thereby bring it into distraction and civil war.
Fourthly, that
these creatures, though they have some use of voice in making known to one
another their desires and other affections, yet they want that art of words by
which some men can represent to others that which is good in the likeness of
evil; and evil, in the likeness of good; and augment or diminish the apparent
greatness of good and evil, discontenting men and troubling their peace at
their pleasure.
Fifthly,
irrational creatures cannot distinguish between injury and damage; and
therefore as long as they be at ease, they are not offended with
their fellows: whereas man is then most troublesome when he is most at ease;
for then it is that he loves to show his wisdom, and control the actions of
them that govern the Commonwealth.
Lastly, the
agreement of these creatures is natural; that of men is by covenant only, which
is artificial: and therefore it is no wonder if there be somewhat else
required, besides covenant, to make their agreement constant and lasting; which
is a common power to keep them in awe and to direct their actions to the common
benefit.
The only way to
erect such a common power, as may be able to defend them from the invasion of
foreigners, and the injuries of one another, and thereby to secure them in such
sort as that by their own industry and by the fruits of the earth they may
nourish themselves and live contentedly, is to confer all their power and
strength upon one man, or upon one assembly of men, that may reduce all their
wills, by plurality of voices, unto one will: which is as much as to say, to
appoint one man, or assembly of men, to bear their person; and every one to own
and acknowledge himself to be author of whatsoever he that so beareth their
person shall act, or cause to be acted, in those things which concern the
common peace and safety; and therein to submit their wills, every oneto
his will, and their judgements to his judgement. This is more than consent, or
concord; it is a real unity of them all in one and the same person, made by
covenant of every man with every man, in such manner as if every man should say
to every man: I authorise and give up my right of governing myself to
this man, or to this assembly of men, on this condition; that thou give up, thy
right to him, and authorise all his actions in like manner. This
done, the multitude so united in one person is called a COMMONWEALTH; in Latin,
CIVITAS. This is the generation of that great LEVIATHAN, or rather, to speak
more reverently, of that mortal god to which we owe, under the immortal God,
our peace and defence. For by this authority, given him by every
particular man in the Commonwealth, he hath the use of so much power and
strength conferred on him that, by terror thereof, he is enabled to form the
wills of them all, to peace at home, and mutual aid against their enemies
abroad. And in him consisteth the essence of the Commonwealth; which,
to define it, is: one person, of whose acts a great multitude, by mutual covenants
one with another, have made themselves every one the author, to the end he may
use the strength and means of them all as he shall think expedient for their
peace and common defence.
And he
that carryeth this person is called sovereign, and said to have
sovereign power; and every one besides, his subject.
The attaining to
this sovereign power is by two ways. One, by natural force: as when a
man maketh his children to submit themselves, and their children, to
his government, as being able to destroy them if they refuse; or by
war subdueth his enemies to his will, giving them their lives on that
condition. The other, is when men agree amongst themselves to submit to some
man, or assembly of men, voluntarily, on confidence to be protected by him
against all others. This latter may be called a
political Commonwealth, or Commonwealth by Institution; and the
former, a Commonwealth by acquisition. And first, I shall speak of a
Commonwealth by institution.
Chapter
XVIII. Of the Rights of Sovereigns by Institution
A COMMONWEALTH is
said to be instituted when a multitude of men do agree, and covenant, everyone
with every one, that to whatsoever man, or assembly of men, shall be given by
the major part the right to present the person of them all, that is to say, to
be their representative; every one, as well he that voted for it as he that
voted against it, shall authorize all the actions and judgements of that man,
or assembly of men, in the same manner as if they were his own, to the end to
live peaceably amongst themselves, and be protected against other men.
From this
institution of a Commonwealth are derived all the rights and faculties of him,
or them, on whom the sovereign power is conferred by the consent of the people
assembled.
First, because
they covenant, it is to be understood they are not obliged by former covenant
to anything repugnant hereunto. . . .
Secondly, because
the right of bearing the person of them all is given to him they make
sovereign, by covenant only of one to another, and not of him to any of them,
there can happen no breach of covenant on the part of the sovereign; and
consequently none of his subjects, by any pretence of forfeiture, can
be freed from his subjection. . . .
Thirdly, because
the major part hath by consenting voices declared a sovereign, he that
dissented must now consent with the rest; that is, be contented to avow all the
actions he shall do, or else justly be destroyed by the rest. . . .
Fourthly, because
every subject is by this institution author of all the actions and judgements
of the sovereign instituted, it follows that whatsoever he doth, can be no
injury to any of his subjects; nor ought he to be by any of them accused of
injustice. . . .
Fifthly, and
consequently to that which was said last, no man that hath sovereign power can
justly be put to death, or otherwise in any manner by his subjects punished.
For seeing every subject is author of the actions of his sovereign,
he punisheth another for the actions committed by himself.
And because the end
of this institution is the peace and defence of them all, and
whosoever has right to the end has right to the means, it belonged of right to
whatsoever man or assembly that hath the sovereignty to be judge both of the
means of peace and defence, and also of the hindrances and disturbances of
the same; and to do whatsoever he shall think necessary to be done, both
beforehand, for the preserving of peace and security, by prevention of discord
at home, and hostility from abroad; and when peace and security are lost, for
the recovery of the same. And therefore,
Sixthly, it is
annexed to the sovereignty to be judge of what opinions and doctrines are
averse, and what conducing to peace; and consequently, on what occasions, how
far, and what men are to be trusted withal in speaking to multitudes of people;
and who shall examine the doctrines of all books before they be published. For
the actions of men proceed from their opinions, and in the well governing of
opinions consisteth the well governing of men's actions in order to
their peace and concord. . . .
[Continues with
six more powers.]
Chapter
XX. Of Dominion Paternal and Despotical
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Dominion is
acquired two ways: by generation [or “institution,” Chapter 17, supra] and
by conquest. . . .
Dominion acquired
by conquest, or victory in war, is that which some writers call despotical from Despotes,
which signifieth a lord or master, and is the dominion of the master
over his servant. And this dominion is then acquired to the victor when the
vanquished, to avoid the present stroke of death, covenanteth, either in
express words or by other sufficient signs of the will, that so long as his
life and the liberty of his body is allowed him, the victor shall have the use
thereof at his pleasure. And after such covenant made, the vanquished is a
servant, and not before: for by the word servant (whether it be derived
from servire, to serve, or
from servare, to save, which I
leave to grammarians to dispute) is not meant a captive, which is kept in
prison, or bonds, till the owner of him that took him, or bought him of one
that did, shall consider what to do with him: for such men, commonly called
slaves, have no obligation at all; but may break their bonds, or the prison;
and kill, or carry away captive their master, justly: but one that, being
taken, hath corporal liberty allowed him; and upon promise not to run away, nor
to do violence to his master, is trusted by him.
It is not
therefore the victory that giveth the right of dominion over the vanquished,
but his own covenant. Nor is he obliged because he is conquered; that
is to say, beaten, and taken, or put to flight; but because he cometh in
and submitteth to the victor; nor is the victor obliged by an enemy's
rendering himself, without promise of life, to spare him for this his yielding
to discretion; which obliges not the victor longer than in his own discretion
he shall think fit.
* * *