The Political Works of Thomas Hobbes (4 Books in One Edition). Thomas Hobbes
Читать онлайн книгу.
to the Person must also vanish, and perish together with it.
X. Aristocraty hath these considerations, together with Democraty; First, that without an appointment of some certain times, and places, at which the Court of Nobles may meet, it is no longer a Court, or one Person, but a dissolute multitude without any supreme power; Secondly, that the times of their assembling cannot be disjoyned by long intervalls, without prejudice to the supreme power, unlesse its administration be transferred to some one man: Now the reasons why this happens, are the same which we set down in the fifth Article.
XI. As an Aristocratie, so also a monarchy is derived from the Power of the People, transferring its Right, (that is) its Authoritie on one man: Here also we must understand, that some one man, either by name, or some other token, is propounded to be taken notice of above all the rest, and that by a plurality of voyces the whole Right of the People is conveighed on him, insomuch as whatsoever the People could doe before he were elected, the same in every Respect may he by Right now doe, being elected; which being done, the People is no longer one Person, but a rude multitude, as being only one before by vertue of the supreme command, whereof they now have made a conveyance from themselves on this one Man.
XII. And therefore neither doth the Monarch oblige himselfe to any for the command he receives, for he receives it from the People; but as hath been shewed above, the People, as soon as that act is done, ceaseth to be a Person; but the Person vanishing, all obligation to the Person vanisheth. The subjects therefore are tyed to perform obedience to the Monarch, by those compacts only by which they mutually obliged themselves to the observation of all that the People should command them, (that is) to obey that Monarch, if he were made by the People.
XIII. But a Monarchy differs as well from an Aristocraty, as a Democratie, in this chiefly, that in those there must be certain set times and places for deliberation, and consultation of affaires, that is, for the actuall exercise of it in all times, and places; For the People, or the Nobles not being one naturall Person must necessarily have their meetings. The Monarch who is one by nature, is alwayes in a present capacity to execute his authority.
XIV. Because we have declared above in the 7. 9. and 12. Articles, that they who have gotten the supreme command are by no compacts obliged to any man, it necessarily followes, that they can doe no injury to the subjects; for injury according to the definition made in the third Article of the third Chapter, is nothing else but a breach of contract: and therefore where no contracts have part, there can be no injury. Yet the People, the Nobles, and the Monarch may diverse wayes transgresse against the other Lawes of nature, as by cruelty, iniquity, contumely, and other like vices, which come not under this strict, and exact notion of injury. But if the subject yeeld not obedience to the supreme, he will in propriety of speech be said to be injurious as well to his fellow subjects, because each man hath compacted with the other to obey, as to his chief Ruler, in resuming that Right, which he hath given him, without his consent. And in a Democraty, or Aristocraty, if any thing be decreed against any Law of nature, the City it selfe (i.e.) the civill Person sinnes not, but those subjects only by whose votes it was decreed; for sinne is a consequence of the naturall expresse will, not of the politicall, which is artificiall; for if it were otherwise, they would be guilty, by whom the decree was absolutely disliked: But in a Monarchie, if the Monarch make any decree against the Lawes of nature, he sins himselfe, because in him the civill will and the naturall are all one.
XV. The people who are about to make a Monarch, may give him the supremacy either simply without limitation of time, or for a certaine season; and time determined; if simply, we must understand that he who receives it, hath the selfe-same power which they had, who gave it, on the same grounds: therefore that the People by Right could make him a Monarch, may he make another Monarch: insomuch as the Monarch to whom the command is simply given, receives a Right not of possession onely, but of succession also, so as he may declare whom hee pleaseth for his successor.
XVI. But if the power be given for a time limited, we must have regard to somewhat more then the bare gift onely: First, whether the People conveighing its authority, left it selfe any Right to meet at certain times, and places, or not. Next, if it have reserved this power, whether it were done, so as they might meet before that time were expired, which they prescribed to the Monarch. Thirdly, whether they were contented to meet onely at the will of that temporary Monarch and not otherwise. Suppose now the People had delivered up its Power to some one man for term of life onely; which being done, let us suppose in the first place, that every man departed from the Counsell without making any order at all concerning the place where (after his death) they should meet again to make a new election. In this case it is manifest by the fifth Article of this Chapter, that the People ceaseth to be a Person, and is become a dissolute multitude, every one whereof hath an equall, to wit, a naturall Right to meet with whom he lists at divers times, and in what places shall best please him; nay, and if he can, engrosse the supreme power to himselfe, and settle it on his own head. What Monarch soever therefore hath a command in such a condition, he is bound by the Law of nature (set down in the Article of the third Chapter of not returning evill for good) prudently to provide, that by his death the City suffer not a dissolution, either by appointing a certain day, & place, in which those subjects of his who have a mind to it may assemble themselves, or else by nominating a successor: whether of these shall to him seem most conducible to their common benefit. He therefore who on this foresaid manner hath received his command during life, hath an absolute Power, and may at his discretion dispose of the succession. In the next place, if we grant that the people departed not from the election of the temporary Monarch, before they decreed a certain time and place of meeting after his death, then the Monarch being dead, the authority is confirmed in the people, not by any new acts of the subjects, but by vertue of the former Right; for all the supreme command (as Dominion) was in the People, but the use, and exercise of it was only in the temporary Monarch, as in one that takes the benefit, but hath not the Right. But if the People after the election of a temporarie Monarch, depart not from the Court before they have appointed certain times, and places to convene, during the time prescribed him (as the Dictators in ancient times were made by the People of Rome) such an one is not to be accounted a Monarch, but the Prime Officer of the People; and if it shall seem good, the People may deprive him of his office even before that time, as the People of Rome did, when they conferred an equall power on Minutius Master of the horse, with Quintus Fabius Maximus, whom before they had made Dictator. The reason whereof is, hat it is not to be imagined, that, whether Man or Counsell who hath the readiest, and most immediate power to act, should hold his command on such termes as not to be able actually to execute it; for command is nothing else but a Right of commanding, as oft as nature allowes it possible. Lastly, if the People having declared a temporary Monarch, depart from the Court on such termes, as it shall not be lawfull for them to meet without the command of the Monarch, we must understand the People to be immediately dissolved, and that his authority who is thus declared, is absolute; forasmuch as it is not in the power of all the subjects to frame the City anew, unlesse he give consent who hath now alone the authority. Nor matters it, that he hath perhaps made any promise to assemble his Subjects on some certain times, since there remains no Person now in being, but at his discretion, to whom the promise was made. What we have spoken of these four cases of a People electing a Temporary Monarch will be more clearly explain'd by comparing them with an absolute Monarch, who hath no heir apparent; for the People is Lord of the subject in such a manner as there can be no Heir but whom it self doth appoint. Besides, the spaces between the times of the subjects meeting may be fitly compar'd to those times wherein the Monarch sleepes, for in either the Acts of commanding ceases, the Power remaines: Farthermore, to dissolve the convent, so as it cannot meet againe, is the death of the People; just as sleeping, so as he can never wake more, is the death of a man: As therefore a King, who hath no Heir, going to his rest, so as never to rise again, (i.e.) dying, if he commit the exercise of his Regall Authority to any one till he awake, does by consequence give him the Succession; the People also electing a Temporary Monarch, and not reserving a power to convene, delivers up to him the whole Dominion of the Country: Furthermore, as a King going to sleep for some season, entrusts the administration of his Kingdome to some other, and waking takes it again; so the people having elected a Temporary Monarch, and withall retaining a right to meet at a certain day, and place, at that day receives its supremacy again. And as a King who hath committed the execution of his Authority to another, himself in the mean while waking,