The English works of Thomas Hobbes of Malmesbury, Volume 06 (of 11) — Thomas Hobbes — John Shaqi
The English works of Thomas Hobbes of Malmesbury, Volume 06 (of 11)
Thomas Hobbes · en
_L._ In some sense it is; but it is not Gospel, but natural reason, and
natural equity.
_P._ Would you have every man to every other man allege for law his own
particular reason? There is not amongst men a universal reason agreed
upon in any nation, besides the reason of him that hath the sovereign
power. Yet though his reason be but the reason of one man, yet it is set
up to supply the place of that universal reason, which is expounded to
us by our Saviour in the Gospel; and consequently our King is to us the
legislator both of statute-law, and of common-law.
_L._ Yes, I know that the laws spiritual, which have been law in this
kingdom since the abolishing of popery, are the King’s laws, and those
also that were made before. For the Canons of the Church of Rome were no
laws, neither here, nor anywhere else without the Pope’s temporal
dominions, farther than kings and states in their several dominions
respectively did make them so.
_P._ I grant that. But you must grant also, that those spiritual laws
were made by the legislators of the spiritual law. And yet not all kings
and states make laws by consent of the Lords and Commons; but our King
here is so far bound to their assents, as he shall judge conducing to
the good and safety of his people. For example, if the Lords and Commons
should advise him to restore those laws spiritual, which in Queen Mary’s
time were in force, I think the King were by the law of reason obliged,
without the help of any other law of God, to neglect such advice.
_L._ I grant you that the King is sole legislator; but with this
restriction, that if he will not consult with the Lords of Parliament,
and hear the complaints and informations of the Commons, that are best
acquainted with their own wants, he sinneth against God, though he
cannot be compelled to any thing by his subjects by arms and force.
_P._ We are agreed upon that already. Since therefore the King is sole
legislator, I think it also reason he should be sole supreme judge.
[Sidenote: The King is the supreme judge.]
_L._ There is no doubt of that; for otherwise there would be no
congruity of judgments with the laws. I grant also that he is the
supreme judge over all persons, and in all causes civil and
ecclesiastical within his own dominions; not only by act of Parliament
at this time, but that he has ever been so by the common law. For the
judges of both the Benches have their offices by the King’s
letters-patent; and so as to judicature have the bishops. Also the Lord
Chancellor hath his office by receiving from the King the Great Seal of
England. And, to say all at once, there is no magistrate, or
commissioner for public business, neither of judicature nor execution,
in State or Church, in peace or war, but he is made so by authority from
the King.