Book cover Leviathan

Private Interpretation Of Law

Leviathan
Published by:
Thomas Hobbes
Block: 525885c6e37644ee9171e3f6bdfce4bf

Private Interpretation Of Law

For a Private man, without the Authority of the Common-wealth, that is to say, without permission from the Representant thereof, to Interpret the Law by his own Spirit, is another Error in the Politiques; but not drawn from Aristotle, nor from any other of the Heathen Philosophers. For none of them deny, but that in the Power of making Laws, is comprehended also the Power of Explaining them when there is need. And are not the Scriptures, in all places where they are Law, made Law by the Authority of the Common-wealth, and consequently, a part of the Civill Law?

Of the same kind it is also, when any but the Soveraign restraineth in any man that power which the Common-wealth hath not restrained: as they do, that impropriate the Preaching of the Gospell to one certain Order of men, where the Laws have left it free. If the State give me leave to preach, or teach; that is, if it forbid me not, no man can forbid me. If I find my selfe amongst the Idolaters of America, shall I that am a Christian, though not in Orders, think it a sin to preach Jesus Christ, till I have received Orders from Rome? or when I have preached, shall not I answer their doubts, and expound the Scriptures to them; that is shall I not Teach? But for this may some say, as also for administring to them the Sacraments, the necessity shall be esteemed for a sufficient Mission; which is true: But this is true also, that for whatsoever, a dispensation is due for the necessity, for the same there needs no dispensation, when there is no Law that forbids it. Therefore to deny these Functions to those, to whom the Civill Soveraigne hath not denyed them, is a taking away of a lawfull Liberty, which is contrary to the Doctrine of Civill Government.