The English works of Thomas Hobbes of Malmesbury, Volume 06 (of 11)Hobbes, Thomas
Philosophy
The English works of Thomas Hobbes of Malmesbury, Volume 06 (of 11)
Hobbes, Thomas
Philosophy, English -- 17th century
_P._ But what are you better for your right, if a rebellious company at
home, or an enemy from abroad, take away the goods, or dispossess you of
the lands you have a right to? Can you be defended or repaired, but by
the strength and authority of the King? What reason therefore can be
given by a man that endeavours to preserve his propriety, why he should
deny or malignly contribute to the strength that should defend him or
repair him? Let us see now what your books say to this point, and other
points of the right of sovereignty. Bracton, the most authentic author
of the common law, (fol. 55), saith thus: _Ipse Dominus Rex habet omnia
jura in manu sua, sicut Dei vicarius; habet etiam ea quæ sunt pacis;
habet etiam coercionem, ut delinquentes puniat; item habet in potestate
sua leges. Nihil enim prodest jura condere, nisi sit qui jura tueatur._
That is to say: Our Lord the King hath all right in his own hands; is
God’s vicar; he has all that concerns the peace; he has the power to
punish delinquents; all the laws are in his power: to make laws is to no
purpose, unless there be somebody to make them obeyed. If Bracton’s law
be reason, as I and you think it is, what temporal power is there which
the King hath not? Seeing that at this day all the power spiritual,
which Bracton allows the Pope, is restored to the crown; what is there
that the King cannot do, excepting sin against the law of God? The same
Bracton, (_lib._ ii. _c._ 8, fol. 5), saith thus: _Si autem a Rege
petatur, cum breve non currat contra ipsum, locus erit supplicationi
quod factum suum corrigat et emendet; quod quidem si non fecerit, satis
sufficit ei ad pœnam, quod Dominum expectet ultorem: nemo quidem de
factis suis præsumat disputare, multo fortius contra factum suum
venire_. That is to say: If any thing be demanded of the King, seeing a
writ lieth not against him, he is put to his petition, praying him to
correct and amend his own fact; which if he will not do, it is a
sufficient penalty for him, that he is to expect a punishment from the
Lord: no man may presume to dispute of what he does, much less to resist
him. You see by this, that this doctrine concerning the rights of
sovereignty, so much cried down by the Long Parliament, is the ancient
common-law, and that the only bridle of the Kings of England, ought to
be the fear of God. And again, Bracton, (_lib._ ii. _c._ 24, fol. 55),
says, that the rights of the Crown cannot be granted away: _Ea vero quæ
jurisdictionis sunt et pacis, et ea quæ sunt justitiæ et paci annexa, ad
nullum pertinent nisi ad coronam et dignitatem Regiam, nec a corona
separari poterunt, nec a privata persona possideri_. This is to say:
those things which belong to jurisdiction and peace, and those things
that are annexed to justice and peace, appertain to none but to the
crown and dignity of the King, nor can be separated from the crown, nor
be possessed by a private person. Again, you will find in Fleta, a
Public-domain text, read in full here on John Shaqi.
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