The English works of Thomas Hobbes of Malmesbury, Volume 06 (of 11)
Thomas Hobbes · en
_B._ When the business was brought to this height, by levying of
soldiers and seizing of the navy and arms and other provisions on both
sides, that no man was so blind as not to see they were in an estate of
war one against another; why did not the King, by proclamation or
message, according to his undoubted right, dissolve the Parliament, and
thereby diminish in some part the authority of their levies, and of
other their unjust ordinances?
_A._ You have forgotten that I told you, that the King himself, by a
bill that he passed at the same time when he passed the bill for the
execution of the Earl of Strafford, had given them authority to hold the
Parliament till they should by consent of both Houses dissolve
themselves. If therefore he had, by any proclamation or message to the
Houses, dissolved them, they would to their former defamations of his
Majesty’s actions have added this, that he was a breaker of his word:
and not only in contempt of him have continued their session, but also
have made an advantage of it to the increase and strengthening of their
own party.
_B._ Would not the King’s raising of an army against them be interpreted
as a purpose to dissolve them by force? And was it not as great a breach
of promise to scatter them by force, as to dissolve them by
proclamation? Besides, I cannot conceive that the passing of that act
was otherwise intended than conditionally; so long as they should not
ordain any thing contrary to the sovereign right of the King; which
condition they had already by many of their ordinances broken. And I
think that even by the law of equity, which is the unalterable law of
nature, a man that has the sovereign power, cannot, if he would, give
away the right of anything which is necessary for him to retain for the
good government of his subjects, unless he do it in express words,
saying, that he will have the sovereign power no longer. For the giving
away that, which by consequence only, draws the sovereignty along with
it, is not, I think, a giving away of the sovereignty; but an error,
such as works nothing but an invalidity in the grant itself. And such
was the King’s passing of this bill for the continuing of the Parliament
as long as the two Houses pleased. But now that the war was resolved on
on both sides, what needed any more dispute in writing?
_A._ I know not what need they had. But on both sides they thought it
needful to hinder one another, as much as they could, from levying of
soldiers; and, therefore, the King did set forth declarations in print,
to make the people know that they ought not to obey the officers of the
new militia set up by ordinance of Parliament, and also to let them see
the legality of his own commissions of array. And the Parliament on
their part did the like, to justify to the people the said ordinance,
and to make the commission of array appear unlawful.