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The English Works, Vol. VI (Dialogue, Behemoth, Rhetoric) [1839]

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The English Works, Vol. VI (Dialogue, Behemoth, Rhetoric) [1839] The Online Library of Liberty A Project Of Liberty Fund, Inc. Thomas Hobbes, The English Works, vol. VI (Dialogue, Behemoth, Rhetoric) [1839] The Online Library Of Liberty This E-Book (PDF format) is published by Liberty Fund, Inc., a private, non-profit, educational foundation established in 1960 to encourage study of the ideal of a society of free and responsible individuals. 2010 was the 50th anniversary year of the founding of Liberty Fund. It is part of the Online Library of Liberty web site http://oll.libertyfund.org, which was established in 2004 in order to further the educational goals of Liberty Fund, Inc. To find out more about the author or title, to use the site's powerful search engine, to see other titles in other formats (HTML, facsimile PDF), or to make use of the hundreds of essays, educational aids, and study guides, please visit the OLL web site. This title is also part of the Portable Library of Liberty DVD which contains over 1,000 books and quotes about liberty and power, and is available free of charge upon request. The cuneiform inscription that appears in the logo and serves as a design element in all Liberty Fund books and web sites is the earliest-known written appearance of the word “freedom” (amagi), or “liberty.” It is taken from a clay document written about 2300 B.C. in the Sumerian city-state of Lagash, in present day Iraq. To find out more about Liberty Fund, Inc., or the Online Library of Liberty Project, please contact the Director at [email protected]. LIBERTY FUND, INC. 8335 Allison Pointe Trail, Suite 300 Indianapolis, Indiana 46250-1684 Online Library of Liberty: The English Works, vol. VI (Dialogue, Behemoth, Rhetoric) Edition Used: The English Works of Thomas Hobbes of Malmesbury; Now First Collected and Edited by Sir William Molesworth, Bart., (London: Bohn, 1839-45). 11 vols. Vol. 6. Author: Thomas Hobbes Editor: Sir William Molesworth About This Title: A collection of some of Hobbes’ shorter works on philosophy and history. PLL v6.0 (generated September, 2011) 2 http://oll.libertyfund.org/title/770 Online Library of Liberty: The English Works, vol. VI (Dialogue, Behemoth, Rhetoric) About Liberty Fund: Liberty Fund, Inc. is a private, educational foundation established to encourage the study of the ideal of a society of free and responsible individuals. Copyright Information: The text is in the public domain. Fair Use Statement: This material is put online to further the educational goals of Liberty Fund, Inc. Unless otherwise stated in the Copyright Information section above, this material may be used freely for educational and academic purposes. It may not be used in any way for profit. PLL v6.0 (generated September, 2011) 3 http://oll.libertyfund.org/title/770 Online Library of Liberty: The English Works, vol. VI (Dialogue, Behemoth, Rhetoric) Table Of Contents A Dialogue Between a Philosopher & a Student of the Common Laws of England. A Dialogue of the Common Law. Behemoth: the History of the Causes of the Civil Wars of England, and of the Counsels and Artifices By Which They Were Carried On From the Year 1640 to the Year 1660. The Bookseller to the Reader. Part I. Behemoth, Or the Epitome of the Civil Wars of England. Part II. Part III. Part IV. The Art of Rhetoric. To the Reader. The Whole Art of Rhetoric. Book I. Book II. Book III. The Art of Rhetoric Plainly Set Forth. With Pertinent Examples For the More Easy Understanding and Practice of the Same. By Thomas Hobbes of Malmsbury. The Art of Sophistry. london: c. richards, printer, st. martin’s lane. PLL v6.0 (generated September, 2011) 4 http://oll.libertyfund.org/title/770 Online Library of Liberty: The English Works, vol. VI (Dialogue, Behemoth, Rhetoric) [Back to Table of Contents] A DIALOGUE Between A PHILOSOPHER & A STUDENT Of THE COMMON LAWS OF ENGLAND. A DIALOGUE Of THE COMMON LAW. LAWYER. What makes you say, that the study of the law is less rational than the study of the mathematics? I say not that; for all study is rational, or nothing worth: but I say, that the great masters of the mathematics do not so often err as the great professors of the law. L. If you had applied your reason to the law, perhaps you would have been of another mind. P. In whatsoever study, I examine whether my inference be rational: and have looked over the titles of the statutes from Magna Charta downward to this present time. I left not one unread, which I thought might concern myself; which was enough for me, that meant not to plead for any but myself. But I did not much examine which of them was more or less rational; because I read them not to dispute, but to obey them, and saw in all of them sufficient reason for my obedience, and that the same reason, though the Statutes themselves were changed, remained constant. I have also diligently read over Littleton’s book of Tenures, with the commentaries thereupon of the renowned lawyer Sir Edward Coke; in which I confess I found great subtilty, not of the law, but of inference from law, and especially from the law of human nature, which is the law of reason: and I confess that it is truth which he says in the epilogue to his book, that by arguments and reason in the law, a man shall sooner come to the certainty and knowledge of the law: and I agree with Sir Edward Coke, who upon that text farther says, that reason is the soul of the law; and upon section 138, nihil, quod est contra rationem, est licitum; that is to say, nothing is law that is against reason; and that reason is the life of the law, nay the common law itself is nothing else but reason; and upon section 21, æquitas est perfecta quædam ratio, quæ jus scriptum interpretatur et emendat, nulla scriptura comprehensa, sed solum in vera ratione consistens; i. e. Equity is a certain perfect reason, that interpreteth and amendeth the law written, itself being unwritten, and consisting in nothing else but right reason. When I consider this, and find it to be true, and so evident as not to be denied by any man of right sense, I find my own reason at a stand; for it frustrates all the laws in the world. For upon this ground any man, of any law whatsoever, may say it is against reason, and thereupon make a pretence for his disobedience. I pray you clear this passage, that we may proceed. PLL v6.0 (generated September, 2011) 5 http://oll.libertyfund.org/title/770 Online Library of Liberty: The English Works, vol. VI (Dialogue, Behemoth, Rhetoric) L. I clear it thus, out of Sir Edward Coke (i. Inst. sect. 138), that this is to be understood of an artificial perfection of reason, gotten by long study, observation, and experience, and not of every man’s natural reason; for nemo nascitur artifex. This legal reason is summa ratio; and therefore if all the reason that is dispersed into so many several heads, were united into one, yet could he not make such a law as the law of England is; because by so many successions of ages it hath been fined and refined by an infinite number of grave and learned men. P. This does not clear the place, as being partly obscure, and partly untrue. That the reason which is the life of the law, should be not natural, but artificial, I cannot conceive. I understand well enough, that the knowledge of the law is gotten by much study, as all other sciences are, which when they are studied and obtained, it is still done by natural, and not by artificial reason. I grant you, that the knowledge of the law is an art; but not that any art of one man, or of many, how wise soever they be, or the work of one or more artificers, how perfect soever it be, is law. It is not wisdom, but authority that makes a law. Obscure also are the words legal reason. There is no reason in earthly creatures, but human reason. But I suppose that he means, that the reason of a judge, or of all the judges together without the King, is that summa ratio, and the very law: which I deny, because none can make a law but he that hath the legislative power. That the law hath been fined by grave and learned men, meaning the professors of the law, is manifestly untrue; for all the laws of England have been made by the kings of England, consulting with the nobility and commons in parliament, of which not one of twenty was a learned lawyer. L. You speak of the statute law, and I speak of the common law. P. I speak generally of law. L. Thus far I agree with you, that statute law taken away, there would not be left, either here, or any where, any law at all that would conduce to the peace of a nation; yet equity and reason, (laws Divine and eternal, which oblige all men at all times, and in all places), would still remain, but be obeyed by few: and though the breach of them be not punished in this world, yet they will be punished sufficiently in the world to come. Sir Edward Coke, for drawing to the men of his own profession as much authority as lawfully he might, is not to be reprehended; but to the gravity and learning of the judges they ought to have added in the making of laws, the authority of the King, which hath the sovereignty: for of these laws of reason, every subject that is PLL v6.0 (generated September, 2011) 6 http://oll.libertyfund.org/title/770 Online Library of Liberty: The English Works, vol.
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