CHAPTER XIII.

CONCERNING THE DUTIES OF THEM WHO BEAR RULE.

1. The right of supreme authority is distinguished from its

exercise. 2. The safety of the people is the supreme law. 3. It

behoves princes to regard the common benefit of many, not the

peculiar interest of this or that man. 4. That by safety is

understood all manner of conveniences. 5. A query, whether it be

the duty of kings to provide for the salvation of their

subjects’ souls, as they shall judge best according to their own

consciences. 6. Wherein the safety of the people consists. 7.

That discoverers are necessary for the defence of the people. 8.

That to have soldiers, arms, garrisons, and moneys in readiness,

in time of peace, is also necessary for the defence of the

people. 9. A right instruction of subjects in civil doctrines,

is necessary for the preserving of peace. 10. Equal

distributions of public offices conduces much to the

preservation of peace. 11. It is natural equity, that monies be

taxed according to what every man spends, not what he possesses.

12. It conduceth to the preservation of peace, to keep down

ambitious men. 13. And to break factions. 14. Laws whereby

thriving arts are cherished and great costs restrained, conduce

to the enriching of the subject. 15. That more ought not to be

defined by the laws, than the benefit of the prince and his

subjects requires. 16. That greater punishments must not be

inflicted, than are prescribed by the laws. 13. Subjects must

have right done them against corrupt judges.

[Sidenote: The right of supreme authority is distinguished from its

exercise.]

1. By what hath hitherto been said, the _duties_ of citizens and

subjects in any kind of government whatsoever, and the _power_ of

the supreme ruler over them are apparent. But we have as yet said

nothing of the _duties_ of rulers, and how they ought to behave

themselves towards their subjects. We must then distinguish between

the _right_ and the _exercise_ of supreme authority; for they can be

divided. As for example, when he who hath the _right_, either cannot

or will not be present in judging trespasses, or deliberating of

affairs. For kings sometimes by reason of their age cannot order

their affairs; sometimes also, though they can do it themselves, yet

they judge it fitter, being satisfied in the choice of their

officers and counsellors, to exercise their power by them. Now where

the _right_ and _exercise_ are severed, there the government of the

commonweal is like the ordinary government of the world; in which

God, the mover of all things, produceth natural effects by the means

of secondary causes. But where he to whom the right of ruling doth

belong, is himself present in all judicatures, consultations, and

public actions, there the administration is such, as if God, beyond

the ordinary course of nature, should immediately apply himself unto

all matters. We will therefore in this chapter summarily and briefly

speak somewhat concerning their _duties_, who exercise authority,

whether by their own or other’s right. Nor is it my purpose to

descend into those things, which being diverse from others, some

princes may do, for this is to be left to the political practices of

each commonweal.

[Sidenote: The safety of the people is the supreme law.]

2. Now all the duties of rulers are contained in this one sentence,

_the safety of the people is the supreme law_. For although they who

among men obtain the chiefest dominion, cannot be subject to laws

properly so called, that is to say, to the will of men, because to

be chief and subject, are contradictories; yet is it their _duty_ in

all things, as much as possibly they can, to yield obedience unto

right reason, which is the natural, moral, and divine law. But

because dominions were constituted for peace’s sake, and peace was

sought after for safety’s sake; he, who being placed in authority,

shall use his power otherwise than to the safety of the people, will

act against the reasons of peace, that is to say, against the laws

of nature. Now as the safety of the people dictates a law by which

princes know their _duty_, so doth it also teach them an art how to

procure themselves a benefit; for the power of the citizens is the

power of the city, that is to say, his that bears the chief rule in

any state.

[Sidenote: It is the duty of princes to respect the common benefit

of many, not the peculiar interest of this or that man.]

3. By the people in this place we understand, not one civil person,

namely, the city itself which governs, but the multitude of subjects

which are governed. For the city was not instituted for its own, but

for the subjects’ sake: and yet a particular care is not required of

_this_ or _that_ man. For the ruler (as such) provides no otherwise

for the safety of his people, than by his laws, which are universal;

and therefore he hath fully _discharged_ himself, if he have

thoroughly endeavoured by wholesome constitutions to establish the

welfare of the most part, and made it as lasting as may be; and that

no man suffer ill, but by his own default, or by some chance which

could not be prevented. But it sometimes conduces to the safety of

the most part, that wicked men do suffer.

[Sidenote: By safety is understood all manner of benefits.]

4. But by _safety_ must be understood, not the sole preservation of

life in what condition soever, but in order to its happiness. For to

this end did men freely assemble themselves and _institute_ a

government, that they might, as much as their human condition would

afford, live delightfully. They therefore who had undertaken the

administration of power in such a kind of government, would sin

against the law of nature, (because against their trust, who had

committed that power unto them), if they should not study, as much

as by good laws could be effected, to furnish their subjects

abundantly, not only with the good things belonging to life, but

also with those which advance to delectation. They who have acquired

dominion by arms, do all desire that their subjects may be strong in

body and mind, that they may serve them the better. Wherefore if

they should not endeavour to provide them, not only with such things

whereby they may live, but also with such whereby they may grow

strong and lusty, they would act against their own scope and end.

[Sidenote: Query, whether it be the duty of kings to provide for the

salvation of their subjects’ souls, as they shall judge

best in their own consciences.]

5. And first of all, princes do believe that it mainly concerns

_eternal salvation_, what opinions are held of the Deity, and what

manner of worship he is to be adored with. Which being supposed, it

may be demanded whether chief rulers, and whosoever they be, whether

one or more, who exercise supreme authority, sin not against the law

of nature, if they cause not such a doctrine and worship to be

taught and practised, or permit a contrary to be taught and

practised, as they believe necessarily conduceth to the _eternal

salvation_ of their subjects. It is manifest that they act against

their conscience; and that they will, as much as in them lies, the

eternal perdition of their subjects. For if they willed it not, I

see no reason why they should suffer (when being supreme they cannot

be compelled) such things to be taught and done, for which they

believe them to be in a damnable state. But we will leave this

difficulty in suspense.

[Sidenote: Wherein the safety of the people consists.]

6. The benefits of subjects, respecting this life only, may be

distributed into four kinds. 1. That they be defended against

foreign enemies. 2. That peace be preserved at home. 3. That they be

enriched, as much as may consist with public security. 4. That they

enjoy a harmless liberty. For supreme commanders can confer no more

to their civil happiness, than that being preserved from foreign and

civil wars, they may quietly enjoy that wealth which they have

purchased by their own industry.

[Sidenote: That discoverers are necessary for the defence of the

people.]

7. There are two things necessary for the people’s defence; _to be

warned and to be forearmed_. For the state of commonwealths

considered in themselves, is natural, that is to say, hostile.

Neither if they cease from fighting, is it therefore to be called

peace; but rather a breathing time, in which one enemy observing the

motion and countenance of the other, values his security not

according to the pacts, but the forces and counsels of his

adversary. And this by natural right, as hath been showed in chap.

II. art. 11, from this, that contracts are invalid in the state of

nature, as oft as any just fear doth intervene. It is therefore

necessary to the defence of the city, first, that there be some who

may, as near as may be, _search into_ and _discover_ the counsels

and motions of all those who may prejudice it. For _discoverers_ to

ministers of state, are like the beams of the sun to the human soul.

And we may more truly say in vision political, than natural, that

the sensible and intelligible species of outward things, not well

considered by others, are by the air transported to the soul; that

is to say, to them who have the supreme authority: and therefore are

they no less necessary to the preservation of the state, than the

rays of the light are to the conservation of man. Or if they be

compared to spider’s webs, which, extended on all sides by the

finest threads, do warn them, keeping in their small holes, of all

outward motions; they who bear rule, can no more know what is

necessary to be commanded for the defence of their subjects without

_spies_, than those spiders can, when they shall go forth, and

whither they shall repair, without the motion of those threads.

[Sidenote: To have soldiers, arms, garrisons, and money in readiness

in time of peace, is necessary for the people’s defence.]

8. Furthermore, it is necessarily requisite to the people’s defence,

that they be _forearmed_. Now to be forearmed is to be furnished

with soldiers, arms, ships, forts, and monies, before the danger be

instant; for the lifting of soldiers and taking up of arms after a

blow is given, is too late at least, if not impossible. In like

manner, not to raise forts and appoint garrisons in convenient

places before the frontiers are invaded, is to be like those country

swains, (as Demosthenes said), who ignorant of the art of fencing,

with their bucklers guarded those parts of the body where they first

felt the smart of the strokes. But they who think it then seasonable

enough to raise monies for the maintenance of soldiers and other

charges of war, when the danger begins to show itself, they consider

not, surely, how difficult a matter it is to wring suddenly out of

close-fisted men so vast a proportion of monies. For almost all men,

what they once reckon in the number of their goods, do judge

themselves to have such a right and propriety in it, as they

conceive themselves to be injured whensoever they are forced to

employ but the least part of it for the public good. Now a

sufficient stock of monies to defend the country with arms, will not

soon be raised out of the treasure of imposts and customs. We must

therefore, for fear of war, in time of peace hoard up good sums, if

we intend the safety of the commonweal. Since therefore it

necessarily belongs to rulers, for the subjects’ safety to discover

the enemy’s counsel, to keep garrisons, and to have money in

continual readiness; and that princes are, by the law of nature,

bound to use their whole endeavour in procuring the welfare of their

subjects: it follows, that it is not only lawful for them to send

out spies, to maintain soldiers, to build forts, and to require

monies for these purposes; but also not to do thus is unlawful. To

which also may be added, whatsoever shall seem to conduce to the

lessening of the power of foreigners whom they suspect, whether by

slight or force. For rulers are bound according to their power to

prevent the evils they suspect; lest peradventure they may happen

through their negligence.

[Sidenote: A right instruction of subjects in civil doctrines, is

necessary for the preserving of peace.]

9. But many things are required to the conservation of inward

peace; because many things concur (as hath been showed in the

foregoing chapter) to its perturbation. We have there showed, that

some things there are, which dispose the minds of men to sedition,

others which move and quicken them so disposed. Among those which

dispose them, we have reckoned in the first place certain perverse

doctrines. It is therefore the duty of those who have the chief

authority, to root those out of the minds of men, not by

commanding, but by teaching; not by the terror of penalties, but

by the perspicuity of reasons. The laws whereby this evil may be

withstood, are not to be made against the persons erring, but

against the errors themselves. Those errors which, in the

foregoing chapter, we affirmed were inconsistent with the quiet of

the commonweal, have crept into the minds of ignorant men, partly

from the pulpit, partly from the daily discourses of men, who, by

reason of little employment otherwise, do find leisure enough to

study; and they got into these men’s minds by the teachers of

their youth in public schools. Wherefore also, on the other side,

if any man would introduce sound doctrine, he must begin from the

_academies_. There the true and truly demonstrated foundations of

civil doctrine are to be laid; wherewith young men, being once

endued, they may afterward, both in private and public, instruct

the vulgar. And this they will do so much the more cheerfully and

powerfully, by how much themselves shall be more certainly

convinced of the truth of those things they profess and teach. For

seeing at this day men receive propositions, though false, and no

more intelligible than if a man should join together a company of

terms drawn by chance out of an urn, by reason of the frequent use

of hearing them; how much more would they for the same reason

entertain true doctrines, suitable to their own understandings and

the nature of things? I therefore conceive it to be the duty of

supreme officers, to cause the true elements of civil doctrine to

be written, and to command them to be taught in all the colleges

of their several dominions.

[Sidenote: Equal distribution of public burthens conduceth much to

the preservation of peace.]

10. In the next place we showed, that grief of mind arising from

_want_ did dispose the subjects to sedition; which want, although

derived from their own luxury and sloth, yet they impute it to those

who govern the realm, as though they were drained and oppressed by

public pensions. Notwithstanding, it may sometimes happen that this

complaint may be just; namely, when the burthens of the realm are

unequally imposed on the subjects; for that which to all together is

but a light weight, if many withdraw themselves it will be very

heavy, nay, even intolerable to the rest: neither are men wont so

much to grieve at the burthen itself, as at the inequality. With

much earnestness therefore men strive to be freed from taxes; and in

this conflict the less happy, as being overcome, do envy the more

fortunate. To remove therefore all just complaint, it is the

interest of the public quiet, and by consequence it concerns the

duty of the magistrate, to see that the public burthens be equally

borne. Furthermore, since what is brought by the subjects to public

use, is nothing else but the price of their bought peace, it is good

reason that they who equally share in the peace, should also pay an

equal part, either by contributing their monies or their labours to

the commonweal. Now it is the law of nature, (by art. 15, chap.

III), that every man in distributing right to others, do carry

himself equal to all. Wherefore rulers are, by the natural law,

obliged to lay the burthens of the commonweal equally on their

subjects.

[Sidenote: It is natural equity, that monies be taxed according to

what every man spends, not to what he possesseth.]

11. Now in this place we understand an equality, not of money, but

of burthen; that is to say, an equality of reason between the

burthens and the benefits. For although all equally enjoy peace, yet

the benefits springing from thence are not equal to all; for some

get greater possessions, others less; and again, some consume less,

others more. It may therefore be demanded, whether subjects ought to

contribute to the public according to the rate of what they gain, or

of what they spend: that is to say, whether the persons must be

taxed, so as to pay contribution according to their wealth; or the

goods themselves, that every man contribute according to what he

spends. But if we consider, where monies are raised according to

wealth, there they who have made equal gain, have not equal

possessions, because that one preserves what he hath got by

frugality, another wastes it by luxury, and therefore equally

rejoicing in the benefit of peace, they do not equally sustain the

burthens of the commonweal: and on the other side, where the goods

themselves are taxed, there every man, while he spends his private

goods, in the very act of consuming them he undiscernably pays part

due to the commonweal, according to, not what he hath, but what by

the benefit of the realm he hath had: it is no more to be doubted,

but that the former way of commanding monies is against equity, and

therefore against the duty of rulers; the latter is agreeable to

reason, and the exercise of their authority.

[Sidenote: It conduces to the preservation of peace, to depress the

ambitious.]

12. In the third place we said, that that trouble of mind which

riseth from _ambition_, was offensive to public peace. For there are

some, who seeming to themselves to be wiser than others, and more

sufficient for the managing of affairs than they who at present do

govern, when they can no otherwise declare how profitable their

virtue would prove to the commonweal, they show it by harming it.

But because ambition and greediness of honours cannot be rooted out

of the minds of men, it is not the duty of rulers to endeavour it;

but by constant application of rewards and punishments they may so

order it, that men may know that the way to honour is not by

contempt of the present government, nor by factions and the popular

air, but by the contraries. They are good men who observe the

decrees, the laws, and rights of their fathers. If with a constant

order we saw these adorned with honours, but the factious punished

and had in contempt by those who bear command, there would be more

ambition to obey than withstand. Notwithstanding, it so happens

sometimes, that as we must stroke a horse by reason of his too much

fierceness, so a stiff-necked subject must be flattered for fear of

his power; but as that happens when the rider, so this when the

commander is in danger of falling. But we speak here of those whose

authority and power is entire. Their duty, I say, it is to cherish

obedient subjects, and to depress the factious all they can; nor can

the public power be otherwise preserved, nor the subjects’ quiet

without it.

[Sidenote: And to dissolve factions.]

13. But if it be the duty of princes to restrain the factious, much

more does it concern them to dissolve and dissipate the factions

themselves. Now I call a _faction_, a multitude of subjects gathered

together either by mutual _contracts_ among themselves, or by the

power of some one, without his or their authority who bear the

supreme rule. A _faction_, therefore, is as it were a city in a

city: for as by an union of men in the state of nature, a city

receives its being, so by a new union of subjects there ariseth a

_faction_. According to this definition, a multitude of subjects who

have bound themselves simply to obey any foreign prince or subject,

or have made any pacts or leagues of mutual defence between

themselves against all men, not excepting those who have the supreme

power in the city, is a _faction_. Also favour with the vulgar, if

it be so great that by it an army may be raised, except public

caution be given either by hostages or some other pledges, contains

_faction_ in it. The same may be said of private wealth, if it

exceed; because all things obey money. Forasmuch therefore as it is

true, that the state of cities among themselves is natural and

hostile, those princes who permit factions, do as much as if they

received an enemy within their walls: which is contrary to the

subjects’ safety, and therefore also against the law of nature.

[Sidenote: Laws whereby gaining arts are cherished and great

expenses restrained, do conduce much to the enriching of

the subject.]

14. There are two things necessary to the enriching of the subjects,

_labour_ and _thrift_; there is also a third which helps, to wit,

the _natural increase of the earth and water_; and there is a fourth

too, namely, _the militia_, which sometimes augments, but more

frequently lessens the subjects’ stock. The two first only are

necessary. For a city constituted in an island of the sea, no

greater than will serve for dwelling, may grow rich without sowing

or fishing, by merchandize and handicrafts only; but there is no

doubt, if they have a territory, that they may be richer with the

same number, or equally rich being a greater number. But the fourth,

namely, _the militia_, was of old reckoned in the number of the

gaining arts, under the notion of _booting_ or _taking prey_; and it

was by mankind, dispersed by families before the constitution of

civil societies, accounted just and honourable. For preying is

nothing else but a war waged with small forces. And great

commonweals, namely, that of Rome and Athens, by the spoils of war,

foreign tribute, and the territories they have purchased by their

arms, have sometimes so improved the commonwealth, that they have

not only not required any public monies from the poorer sort of

subjects, but have also divided to each of them both monies and

lands. But this kind of increase of riches is not to be brought into

rule and fashion. For the militia, in order to profit, is like a

die; wherewith many lose their estates, but few improve them. Since

therefore there are three things only, _the fruits of the earth and

water_, _labour_, and _thrift_, which are expedient for the

enriching of subjects, the duty of commanders in chief shall be

conversant only about those three. For the first those laws will be

useful, which countenance the arts that improve the increase of the

earth and water; such as are _husbandry_ and _fishing_. For the

second all laws against idleness, and such as quicken industry, are

profitable; as such whereby the _art of navigation_, by help whereof

the commodities of the whole world, bought almost by labour only,

are brought into one city; and the _mechanics_, under which I

comprehend all the arts of the most excellent workmen; and the

_mathematical sciences_, the fountains of navigatory and mechanic

employments, are held in due esteem and honour. For the third those

laws are useful, whereby all inordinate expense, as well in meats as

in clothes, and universally in all things which are consumed with

usage, is forbidden. Now because such laws are beneficial to the

ends above specified, it belongs also to the office of supreme

magistrates to establish them.

[Sidenote: That more ought not to be determined by the laws, than

the benefit of prince and subjects require.]

15. The liberty of subjects consists not in being exempt from the

laws of the city, or that they who have the supreme power cannot

make what laws they have a mind to. But because all the motions and

actions of subjects are never circumscribed by laws, nor can be, by

reason of their variety; it is necessary that there be infinite

cases which are neither commanded nor prohibited, but every man may

either do or not do them as he lists himself. In these, each man is

said to enjoy his liberty; and in this sense liberty is to be

understood in this place, namely, for that part of natural right

which is granted and left to subjects by the civil laws. As water

inclosed on all hands with banks, stands still and corrupts; having

no bounds, it spreads too largely, and the more passages it finds

the more freely it takes its current; so subjects, if they might do

nothing without the commands of the law, would grow dull and

unwieldy; if all, they would be dispersed; and the more is left

undetermined by the laws, the more liberty they enjoy. Both extremes

are faulty; for laws were not invented to take away, but to direct

men’s actions; even as nature ordained the banks, not to stay, but

to guide the course of the stream. The measure of this liberty is to

be taken from the subjects’ and the city’s good. Wherefore, in the

first place, it is against the charge of those who command and have

the authority of making laws, that there should be more laws than

necessarily serve for good of the magistrate and his subjects. For

since men are wont commonly to debate what to do or not to do, by

natural reason rather than any knowledge of the laws, where there

are more laws than can easily be remembered, and whereby such things

are forbidden as reason of itself prohibits not of necessity, they

must through ignorance, without the least evil intention, fall

within the compass of laws, as gins laid to entrap their harmless

liberty; which supreme commanders are bound to preserve for their

subjects by the laws of nature.

[Sidenote: That greater punishments must not be inflicted, than are

prescribed by the laws.]

16. It is a great part of that _liberty_, which is harmless to civil

government and necessary for each subject to live happily, that

there be no penalties dreaded but what they may both foresee and

look for; and this is done, where there are either no punishments at

all defined by the laws, or greater not required than are defined.

Where there are none defined, there he that hath first broken the

law, expects an indefinite or arbitrary punishment; and his fear is

supposed boundless, because it relates to an unbounded evil. Now the

law of nature commands them who are not subject to any civil laws,

by what we have said in chap. III. art. 11, and therefore supreme

commanders, that in taking revenge and punishing they must not so

much regard the past evil as the future good; and they sin, if they

entertain any other measure in arbitrary punishment than the public

benefit. But where the punishment is defined; either by a law

prescribed, as when it is set down in plain words that _he that

shall do thus or thus, shall suffer so and so_; or by practice, as

when the penalty, not by any law prescribed, but arbitrary from the

beginning, is afterward determined by the punishment of the first

delinquent; (for natural equity commands that equal transgressors be

equally punished); there to impose a greater penalty than is defined

by the law, is against the law of nature. For the end of punishment

is not to compel the will of man, but to fashion it, and to make it

such as he would have it who hath set the penalty. And deliberation

is nothing else but a weighing, as it were in scales, the

conveniences and inconveniences of the fact we are attempting; where

that which is more weighty, doth necessarily according to its

inclination prevail with us. If therefore the legislator doth set a

less penalty on a crime, than will make our fear more considerable

with us than our lust, that excess of lust above the fear of

punishment, whereby sin is committed, is to be attributed to the

legislator, that is to say, to the supreme; and therefore if he

inflict a greater punishment than himself hath determined in his

laws, he punisheth that in another in which he sinned himself.

[Sidenote: Subjects must have right restored to them against corrupt

judges.]

17. It pertains therefore to the harmless and necessary _liberty_ of

subjects, that every man may without fear enjoy the rights which are

allowed him by the laws. For it is in vain to have _our own_

distinguished by the laws from _another’s_, if by wrong judgment,

robbery, or theft, they may be again confounded. But it falls out

so, that these do happen where judges are corrupted. For the fear

whereby men are deterred from doing evil, ariseth not from hence,

namely, because penalties are set, but because they are executed.

For we esteem the future by what is past, seldom expecting what

seldom happens. If therefore judges corrupted either by gifts,

favour, or even by pity itself, do often forbear the execution of

the penalties due by the law, and by that means put wicked men in

hope to pass unpunished: honest subjects encompassed with murderers,

thieves, and knaves, will not have the liberty to converse freely

with each other, nor scarce to stir abroad without hazard; nay, the

_city_ itself is dissolved, and every man’s right of protecting

himself at his own will returns to him. The law of nature therefore

gives this precept to supreme commanders, that they not only do

righteousness themselves, but that they also by penalties cause the

judges, by them appointed, to do the same; that is to say, that they

hearken to the complaints of their subjects; and as oft as need

requires, make choice of some extraordinary judges, who may hear the

matter debated concerning the ordinary ones.

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The English works of Thomas Hobbes of Malmesbury, Volume 02 (of 11) · 第 13 / 18 章