The English works of Thomas Hobbes of Malmesbury, Volume 06 (of 11)
Thomas Hobbes · en
_A._ Many articles were drawn up against him, but the sum of them was
contained in these two: first, that he had traitorously endeavoured to
subvert the fundamental laws and government of the realm; and in stead
thereof to introduce an arbitrary and tyrannical government against law:
secondly, that he had laboured to subvert the rights of Parliaments, and
the ancient course of Parliamentary proceedings.
_B._ Was this done by him without the knowledge of the King?
_A._ No.
_B._ Why then, if it were treason, did not the King himself call him in
question by his attorney? What had the House of Commons to do, without
his command, to accuse him in the House of Lords? They might have
complained to the King, if he had not known it before. I understand not
this law.
_A._ Nor I.
_B._ Had this been by any former statutes made treason?
_A._ Not that I ever heard of; nor do I understand how anything can be
treason against the King, that the King, hearing and knowing, does not
think treason. But it was a piece of that Parliament’s artifice, to put
the word _traiterously_ to any article exhibited against any man whose
life they meant to take away.
_B._ Was there no particular instance of action or words, out of which
they argued that endeavour of his to subvert the fundamental laws of
Parliament, whereof they accused him?
_A._ Yes; they said he gave the King counsel to reduce the Parliament to
their duty by the Irish army, which not long before my Lord of Strafford
himself had caused to be levied there for the King’s service. But it was
never proved against him, that he advised the King to use it against the
Parliament.
_B._ What are those laws that are called fundamental? For I understand
not how one law can be more fundamental than another, except only that
law of nature that binds us all to obey him, whosoever he be, whom
lawfully and for our own safety, we have promised to obey; nor any other
fundamental law to a King, but _salus populi_, the safety and well-being
of his people.
_A._ This Parliament, in the use of their words, when they accused any
man, never regarded the signification of them, but the weight they had
to aggravate their accusation to the ignorant multitude, which think all
faults heinous that are expressed in heinous terms, if they hate the
person accused, as they did this man not only for being of the King’s
party, but also for deserting the Parliament’s party as an apostate.
_B._ I pray you tell me also what they meant by arbitrary government,
which they seemed so much to hate? Is there any governor of a people in
the world that is forced to govern them, or forced to make this and that
law, whether he will or no? I think not: or if any be, he that forces
him does certainly make laws, and govern arbitrarily.