Scope of the law
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Argument
Political representatives (other than the sovereign) are bound by the law; the sovereign is not bound by the law.
The bounds of that power which is given to the representative of a body politic are to be taken notice of from two things. One is their writ, or letters from the sovereign: the other is the law of the Commonwealth.
For though in the institution or acquisition of a Commonwealth, which is independent, there needs no writing, because the power of the representative has there no other bounds but such as are set out by the unwritten law of nature; yet in subordinate bodies, there are such diversities of limitation necessary, concerning their businesses, times, and places, as can neither be remembered without letters, nor taken notice of, unless such letters be patent, that they may be read to them, and withal sealed, or testified, with the seals or other permanent signs of the authority sovereign.
Hobbes, Lev XXII 6-7
Argument
The law does not apply to "fools, children, or madmen" because they have no "means to take notice of" the sovereign’s commands.
From this, that the law is a command, and a command consisteth in declaration or manifestation of the will of him that commandeth, by voice, writing, or some other sufficient argument of the same, we may understand that the command of the Commonwealth is law only to those that have means to take notice of it. Over natural fools, children, or madmen there is no law, no more than over brute beasts; nor are they capable of the title of just or unjust, because they had never power to make any covenant or to understand the consequences thereof, and consequently never took upon them to authorize the actions of any sovereign, as they must do that make to themselves a Commonwealth. And as those from whom nature or accident hath taken away the notice of all laws in general; so also every man, from whom any accident not proceeding from his own default, hath taken away the means to take notice of any particular law, is excused if he observe it not; and to speak properly, that law is no law to him. It is therefore necessary to consider in this place what arguments and signs be sufficient for the knowledge of what is the law; that is to say, what is the will of the sovereign, as well in monarchies as in other forms of government.
Hobbes, Lev XXVI 12
