The English works of Thomas Hobbes of Malmesbury, Volume 06 (of 11)
Thomas Hobbes · en
_B._ When the Parliament were levying of soldiers, was it not lawful for
the King to levy soldiers to defend himself and his right, though there
had been no other title for it but his own preservation, and that the
name of commission of array had never before been heard of?
_A._ For my part, I think there cannot be a better title for war, than
the defence of a man’s own right. But the people, at that time, thought
nothing lawful for the King to do, for which there was not some statute
made by Parliament. For the lawyers, I mean the judges of the courts at
Westminster, and some few others, though but advocates, yet of great
reputation for their skill in the common-laws and statutes of England,
had infected most of the gentry of England with their maxims and cases
prejudged, which they call precedents; and made them think so well of
their own knowledge in the law, that they were very glad of this
occasion to shew it against the King, and thereby to gain a reputation
with the Parliament of being good patriots, and wise statesmen.
_B._ What was this commission of array?
_A._ King William the Conqueror had gotten into his hands by victory all
the land in England, of which he disposed some part as forests and
chases for his recreation, and some part to lords and gentlemen that had
assisted him or were to assist him in the wars. Upon which he laid a
charge of service in his wars, some with more men, and some with less,
according to the lands he had given them: whereby, when the King sent
men unto them with commission to make use of their service, they were
obliged to appear with arms, and to accompany the King to the wars for a
certain time at their own charges: and such were the commissions by
which this King did then make his levies.
_B._ Why then was it not legal?
_A._ No doubt but it was legal. But what did that amount to with men,
that were already resolved to acknowledge for law nothing that was
against their design of abolishing monarchy, and placing a sovereign and
absolute arbitrary power in the House of Commons.
_B._ To destroy monarchy, and set up the House of Commons, are two
businesses.
_A._ They found it so at last, but did not think it so then.
_B._ Let us now come to the military part.
_A._ I intended only the story of their injustice, impudence, and
hypocrisy; therefore, for the proceeding of the war, I refer you to the
history thereof written at large in English. I shall only make use of
such a thread as is necessary for the filling up of such knavery, and
folly also, as I shall observe in their several actions.