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
cause his laws to be observed, but also to observe them himself; I think
the King causing them to be observed is the same thing as observing them
himself. For I never heard it taken for good law, that the King may be
indicted, or appealed, or served with a writ, till the Long Parliament
practised the contrary upon the good King Charles; for which divers of
them were executed, and the rest by this our present King pardoned.
_L._ Pardoned by the King and Parliament.
_P._ By the King in Parliament if you will, but not by the King and
Parliament. You cannot deny, but that the pardoning of injury belongs to
the person that is injured; treason, and other offences against the
peace and against the right of the sovereign, are injuries done to the
King; and therefore whosoever is pardoned any such offence, ought to
acknowledge he owes his pardon to the King alone: but as to such
murders, felonies, and other injuries as are done to any subject how
mean soever, I think it great reason that the parties endamaged ought to
have satisfaction before such pardon be allowed. And in the death of a
man, where restitution of life is impossible, what can any friend, heir,
or other party that may appeal, require more than reasonable
satisfaction some other way? Perhaps he will be content with nothing but
life for life; but that is revenge, and belongs to God, and under God to
the King, and none else; therefore if there be reasonable satisfaction
tendered, the King without sin, I think, may pardon him. I am sure, if
the pardoning him be a sin, that neither King, nor Parliament, nor any
earthly power can do it.
_L._ You see by this your own argument, that the Act of _Oblivion_,
without a Parliament, could not have passed; because, not only the King,
but also most of the Lords, and abundance of common people had received
injuries; which not being pardonable but by their own assent, it was
absolutely necessary that it should be done in Parliament, and by the
assent of the Lords and Commons.
_P._ I grant it; but I pray you tell me now what is the difference
between a general pardon, and an act of _oblivion_?
_L._ The word Act of _Oblivion_ was never in our books before; but I
believe it is in yours.
Public-domain text, read in full here on John Shaqi.
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