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._ In the state of Athens long ago, for the abolishing of the civil
war, there was an act agreed on; that from that time forward, no man
should be molested for anything before that act done, whatsoever,
without exception; which act the makers of it called an act of
_oblivion_; not that all injuries should be forgotten (for then we could
never have had the story), but that they should not rise up in judgment
against any man. And in imitation of this act, the like was propounded,
though it took no effect, upon the death of Julius Cæsar, in the senate
of Rome. By such an act you may easily conceive that all accusations for
offences past were absolutely dead and buried; and yet we have no great
reason to think, that the objecting one to another of the injuries
pardoned, was any violation of those acts, except the same were so
expressed in the act itself.
_L._ It seems then that the act of _oblivion_ was here no more, nor of
other nature, than a general pardon.
[Sidenote: Of Courts.]
_P._ Since you acknowledge that in all controversies, the judicature
originally belongeth to the King, and seeing that no man is able in his
own person to execute an office of so much business: what order is taken
for deciding of so many and so various controversies?
_L._ There be divers sorts of controversies, some of which are
concerning men’s titles to lands and goods; and some goods are
corporeal, as lands, money, cattle, corn, and the like, which may be
handled or seen; and some incorporeal, as privileges, liberties,
dignities, offices, and many other good things, mere creatures of the
law, and cannot be handled or seen; and both of these kinds are
concerning _meum_ and _tuum_. Others there are concerning crimes
punishable divers ways: and amongst some of these, part of the
punishment is some fine or forfeiture to the King; and then it is called
a plea of the Crown, in case the King sue the party; otherwise it is but
a private plea, which they call an appeal. And though upon judgment in
an appeal the King shall have his forfeiture, yet it cannot be called a
plea of the Crown, but when the Crown pleadeth for it. There be also
other controversies concerning the government of the Church, in order to
religion and virtuous life. The offences both against the Crown and
against the laws of the Church, are crimes: but the offences of one
subject against another, if they be not against the Crown, the King
pretendeth nothing in those pleas but the reparation of his subjects
injured.
_P._ A crime is an offence of any kind whatsoever, for which a penalty
is ordained by the law of the land: but you must understand that damages
awarded to the party injured, has nothing common with the nature of a
penalty, but is merely a restitution or satisfaction, due to the party
grieved by the law of reason, and consequently is no more a punishment
than is the paying of a debt.
_L._ It seems by this definition of a crime, you make no difference
between a crime and a sin.
Public-domain text, read in full here on John Shaqi.
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