The English works of Thomas Hobbes of Malmesbury, Volume 06 (of 11)
Thomas Hobbes · en
_A._ It was a putting of themselves into arms, and under officers such
as the Parliament should approve of. 4. They voted that his Majesty
should be again desired that the Prince might continue about London.
Lastly, they voted a declaration to be sent to his Majesty by both the
Houses; wherein they accuse his Majesty of a design of altering
religion, though not directly him, but them that counselled him; whom
they also accused of being the inviters and fomenters of the Scotch war,
and framers of the rebellion in Ireland; and upbraid the King again for
accusing the Lord Kimbolton and the five members, and of being privy to
the purpose of bringing up his army, which was raised against the Scots,
to be employed against the Parliament. To which his Majesty sent his
answer from Newmarket. Whereupon it was resolved by both Houses, that in
this case of extreme danger and of his Majesty’s refusal, the ordinance
agreed upon by both Houses for the militia doth oblige the people by the
fundamental laws of this kingdom; and also, that whosoever shall execute
any power over the militia, by colour of any commission of lieutenancy,
without consent of both Houses of Parliament, shall be accounted a
disturber of the peace of the kingdom. Whereupon his Majesty sent a
message to both Houses from Huntingdon, requiring obedience to the laws
established, and prohibiting all subjects, upon pretence of their
ordinance, to execute anything concerning the militia which is not by
those laws warranted. Upon this, the Parliament vote a standing to their
former votes; as also, that when the Lords and Commons in Parliament,
which is the supreme court of judicature in the kingdom, shall declare
what the law of the land is, to have this not only questioned, but
contradicted, is a high breach of the privilege of Parliament.
_B._ I thought that he that makes the law, ought to declare what the law
is. For what is it else to to make a law, but to declare what it is? So
that they have taken from the King, not only the militia, but also the
legislative power.
_A._ They have so; but I make account that the legislative power, and
indeed all power possible, is contained in the power of the militia.
After this, they seize such money as was due to his Majesty upon the
bill of tonnage and poundage, and upon the bill of subsidies, that they
might disable him every way they possibly could. They sent him also many
other contumelious messages and petitions after his coming to York;
amongst which one was: “That whereas the Lord Admiral, by indisposition
of body, could not command the fleet in person, he would be pleased to
give authority to the Earl of Warwick to supply his place;” when they
knew the King had put Sir John Pennington in it before.