Page:The ethics of Hobbes (IA ethicsofhobbes00hobb).pdf/270

This page has been proofread, but needs to be validated.
252
OF COMMONWEALTH.

self: which, as I said before, is of every man's will the proper object.

This also is incident to the nature of counsel; that whatsoever it be, he that asketh it, cannot in equity accuse, or punish it: for to ask counsel of another, is to permit him to give such counsel as he shall think best; and consequently, he that giveth counsel to his sovereign, whether a monarch, or an assembly, when he asketh it, cannot in equity be punished for it, whether the same be conformable to the opinion of the most, or not, so it be to the proposition in debate. For if the sense of the assembly can be taken notice of, before the debate be ended, they should neither ask, nor take any further counsel; for the sense of the assembly, is the resolution of the debate, and end of all deliberation. And generally he that demandeth counsel, is author of it; and therefore cannot punish it; and what the sovereign cannot, no man else can. But if one subject giveth counsel to another, to do anything contrary to the laws, whether that counsel proceed from evil intention, or from ignorance only, it is punishable by the commonwealth; because ignorance of the law is no good excuse, where every man is bound to take notice of the laws to which he is subject.

"Exhortation" and "dehortation," is counsel, accompanied with signs in him that giveth it, of vehement desire to have it followed: or to say it more briefly, "counsel vehemently pressed." For he that exhorteth, doth not deduce the consequences of what he adviseth to be done, and tie himself therein to the rigour of true reasoning; but encourages him he counselleth to action: as he that dehorteth, deterreth him from it. And, therefore, they have in their speeches, a regard to the common passions and opinions of men, in deducing their reasons; and make use of similitudes, metaphors, examples, and other tools of oratory, to persuade their hearers of the utility, honour, or justice of following their advice.