and be not his own enemy, lest he should
destroy himself; and in this taking heed lies not the subjection, but
the liberty of human nature. But civil jurisprudence depends on the mere
decree of the commonwealth, which is not bound to please any but itself,
nor to hold anything to be good or bad, but what it judges to be such
for itself. And, accordingly, it has not merely the right to avenge
itself, or to lay down and interpret laws, but also to abolish the same,
and to pardon any guilty person out of the fullness of its power.
Contracts or laws, whereby the multitude transfers its right to one
council or man, should without doubt be broken, when it is expedient for
the general welfare to do so. But to decide this point, whether, that
is, it be expedient for the general welfare to break them or not, is
within the right of no private person, but of him only who holds
dominion; therefore of these laws he who holds dominion remains sole
interpreter. Moreover, no private person can by right vindicate these
laws, and so they do not really bind him who holds dominion.
Notwithstanding, if they are of such a nature that they cannot be broken
without at the same time weakening the commonwealth's strength, that is,
without at the same time changing to indignation the common fear of most
of the citizens, by this very fact the commonwealth is dissolved, and
the contract comes to an end; and therefore such contract is vindicated
not by the civil law, but by the law of war. And so he who holds
dominion is not bound to observe the terms of the contract by any other
cause than that, which bids a man in the state of Nature to beware of
being his own enemy, lest he should destroy himself.
III
_Of the Best State of a Dominion_[39]
We have shown that man is then most independent when he is most led by
reason, and, in consequence, that that commonwealth is most powerful and
most independent which is founded and guided by reason. But, as the best
plan of living, so as to assure to the utmost self-preservation, is that
which is framed according to the dictate of reason, therefore it follows
that that in every kind is best done, which a man or commonwealth does,
so far as he or it is in the highest degree independent. For it is one
thing to till a field by right, and another to till it in the best way.
One thing, I say, to defend or preserve oneself, and to pass judgment by
right, and another to defend or preserve oneself in the best
|