The English works of Thomas Hobbes of Malmesbury, Volume 06 (of 11)
Thomas Hobbes · en
against the personal commands of the King (though accompanied with his
presence) is not levying war against the King, but the levying war
against his laws and authority (which they have power to declare and
signify), though not against his person, is levying war against the
King; and that treason cannot be committed against his person, otherwise
than as he is entrusted with the kingdom and discharging that trust; and
that they have a power to judge whether he discharge this trust or not:
7. That they may depose the King when they will.
_B._ This is plain dealing and without hypocrisy. Could the city of
London swallow this?
_A._ Yes; and more too, if need be. London, you know, has a great belly,
but no palate nor taste of right and wrong. In the Parliament-roll of
Henry IV, amongst the articles of the oath the King at his coronation
took, there is one runs thus: _Concedes justas leges et consuetudines
esse tenendas; et promittes per te eas esse protegendas, et ad honorem
Dei corroborandas, quas vulgus elegerit_. Which the Parliament urged for
their legislative authority, and therefore interpret _quas vulgus
elegerit_, which the people shall choose; as if the King should swear to
protect and corroborate laws before they were made, whether they be good
or bad; whereas the words signify no more, but that he shall protect and
corroborate such laws as they have chosen, that is to say, the Acts of
Parliament then in being. And in the records of the Exchequer it is
thus: _Will you grant to hold and keep the laws and rightful customs
which the commonalty of this your kingdom have, and will you defend and
uphold them? &c._ And this was the answer his Majesty made to that
point.
_B._ And I think this answer very full and clear. But if the words were
to be interpreted in the other sense, yet I see no reason why the King
should be bound to swear to them. For Henry IV came to the Crown by the
votes of a Parliament not much inferior in wickedness to this Long
Parliament, that deposed and murdered their lawful King; saving that it
was not the Parliament itself, but the usurper that murdered King
Richard II.
_A._ About a week after, in the beginning of May, the Parliament sent
the King another paper, which they styled the humble petition and advice
of both Houses, containing nineteen propositions; which when you shall
hear, you shall be able to judge what power they meant to leave to the
King more than to any one of his subjects. The first of them is this:
1. That the Lords and others of his Majesty’s privy-council, and all
great officers of state, both at home and abroad, be put from their
employments and from his council, save only such as should be approved
of by both Houses of Parliament; and none put into their places but by
approbation of the said Houses. And that all privy-councillors take an
oath for the due execution of their places, in such form as shall be
agreed upon by the said Houses.