HOBBES ON LIBERTY (1651).

=Source.=--Hobbes, _Leviathan_, 1651. P. 108.

But as men, for the attaining of peace, and conservation of

themselves thereby, have made an Artificial Man, which we call a

Common-wealth; so also have they made Artificial Chains, called civil

laws, which they themselves, by mutual covenants, have fastened at

one end, to the lips of that man, or assembly, to whom they have

given the sovereign power; and at the other end to their own ears.

These Bonds, in their own nature but weak, may neverthelesse be made

to hold, by the danger, though not by the difficulty, of breaking

them.

In relation to these Bonds only it is, that I am to speak now, of the

_Liberty_ of _Subjects_. For seeing there is no Common-wealth in the

world, wherein there be rules enough set down, for the regulating of

all the actions, and words of men, (as being a thing impossible:)

it followeth necessarily, that in all kinds of actions, by the laws

prætermitted, men have the Liberty of doing what their own reasons

shall suggest, for the most profitable to themselves. For if we take

Liberty in the proper sense, for corporal Liberty; that is to say,

freedom from chains and prison, it were very absurd for men to clamor

as they do, for the Liberty they so manifestly enjoy. Again, if we

take Liberty for an exemption from Laws, it is no less absurd for men

to demand, as they do, that Liberty, by which all other men may be

masters of their lives. And yet as absurd as it is, this is it they

demand; not knowing that the laws are of no power to protect them,

without a sword in the hands of a man, or men, to cause those laws to

be put in execution. The Liberty of a Subject lieth therefore only in

those things which, in regulating their actions, the Sovereign hath

prætermitted: such as is the Liberty to buy, and sell, and otherwise

contract with one another; to choose their own abode, their own

diet, their own trade of life, and institute their children as they

themselves think fit; and the like.

Neverthelesse we are not to understand, that by such Liberty, the

Sovereign Power of life and death is either abolished or limited. For

it has been already shewn, that nothing the Sovereign Representative

can do to a Subject, on what pretence soever, can properly be called

Injustice, or Injury; because every subject is author of every act

the Sovereign doth; so that he never wanteth Right to any thing,

otherwise than as he himself is the Subject of God, and bound thereby

to observe the laws of Nature. And therefore it may, and doth often

happen in Common-wealths, that a Subject may be put to death by the

command of the Sovereign Power; and yet neither do the other wrong:

As when Jeptha caused his daughter to be sacrificed: In which, and

the like cases, he that so dieth had Liberty to do the action, for

which he is neverthelesse without injury put to death. And the same

holdeth also in a Sovereign Prince, that putteth to death an innocent

subject. For though the action be against the law of Nature, as

being contrary to Equity, (as was the killing of Uriah by David;) yet

it was not an injury to Uriah; but to God. Not to Uriah, because the

right to do what he pleased was given him by Uriah himself. And yet

to God, because David was God's Subject; and prohibited all iniquity

by the law of Nature. Which distinction David himself, when he

repented the fact, evidently confirmed, saying, _To Thee only have I

sinned_.

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