Leviathan eBook

This eBook from the Gutenberg Project consists of approximately 732 pages of information about Leviathan.

Leviathan eBook

This eBook from the Gutenberg Project consists of approximately 732 pages of information about Leviathan.

Nothing Is Law Where The Legislator Cannot Be Known Nor is it enough the Law be written, and published; but also that there be manifest signs, that it proceedeth from the will of the Soveraign.  For private men, when they have, or think they have force enough to secure their unjust designes, and convoy them safely to their ambitious ends, may publish for Lawes what they please, without, or against the Legislative Authority.  There is therefore requisite, not only a Declaration of the Law, but also sufficient signes of the Author, and Authority.  The Author, or Legislator is supposed in every Common-wealth to be evident, because he is the Soveraign, who having been Constituted by the consent of every one, is supposed by every one to be sufficiently known.  And though the ignorance, and security of men be such, for the most part, as that when the memory of the first Constitution of their Common-wealth is worn out, they doe not consider, by whose power they use to be defended against their enemies, and to have their industry protected, and to be righted when injury is done them; yet because no man that considers, can make question of it, no excuse can be derived from the ignorance of where the Soveraignty is placed.  And it is a Dictate of Naturall Reason, and consequently an evident Law of Nature, that no man ought to weaken that power, the protection whereof he hath himself demanded, or wittingly received against others.  Therefore of who is Soveraign, no man, but by his own fault, (whatsoever evill men suggest,) can make any doubt.  The difficulty consisteth in the evidence of the Authority derived from him; The removing whereof, dependeth on the knowledge of the publique Registers, publique Counsels, publique Ministers, and publique Seales; by which all Lawes are sufficiently verified.

Difference Between Verifying And Authorising
 Verifyed, I say, not Authorised:  for the Verification, is but
the Testimony and Record; not the Authority of the law; which consisteth
in the Command of the Soveraign only.

The Law Verifyed By The Subordinate Judge If therefore a man have a question of Injury, depending on the Law of Nature; that is to say, on common Equity; the Sentence of the Judge, that by Commission hath Authority to take cognisance of such causes, is a sufficient Verification of the Law of Nature in that individuall case.  For though the advice of one that professeth the study of the Law, be usefull for the avoyding of contention; yet it is but advice; tis the Judge must tell men what is Law, upon the hearing of the Controversy.

By The Publique Registers But when the question is of injury, or crime, upon a written Law; every man by recourse to the Registers, by himself, or others, may (if he will) be sufficiently enformed, before he doe such injury, or commit the crime, whither it be an injury, or not:  Nay he ought to doe so:  for when a man doubts whether the act he goeth about, be just, or injust; and may informe himself, if he will; the doing is unlawfull.  In like manner, he that supposeth himself injured, in a case determined by the written Law, which he may by himself, or others see and consider; if he complaine before he consults with the Law, he does unjustly, and bewrayeth a disposition rather to vex other men, than to demand his own right.

Copyrights
Project Gutenberg
Leviathan from Project Gutenberg. Public domain.