The English works of Thomas Hobbes of Malmesbury, Volume 06 (of 11) — Thomas Hobbes — John Shaqi
The English works of Thomas Hobbes of Malmesbury, Volume 06 (of 11)
Thomas Hobbes · en
law-book written in the time of Edward II, that liberties, though
granted by the King, if they tend to the hinderance of justice, or
subversion of the regal power, were not to be used, nor allowed; for in
that book, (_lib._ i. c. 20, §54) concerning articles of the crown,
which the justices itinerant are to enquire of, the 54th article is
this: You shall inquire, _de libertatibus concessis quæ impediunt
communem justitiam, et Regiam potestatem subvertunt_. Now what is a
greater hinderance to common justice, or a greater subversion of the
regal power, than a liberty in subjects to hinder the King from raising
money necessary to suppress or prevent rebellions, which doth destroy
justice, and subvert the power of the sovereignty? Moreover, when a
charter is granted by the King in these words: “_Dedita etc. ... coram
etc. ... pro me et hæredibus meis_:” the grantor by the common-law, as
Sir Edward Coke says in his Commentaries on Littleton, is to warrant his
gift; and I think it reason, especially if the gift be upon
consideration of a price paid. Suppose a foreign state should lay claim
to this kingdom, (it is no matter as to the question I am putting,
whether the claim be unjust), how would you have the King to warrant to
every freeholder in England the lands they hold of him by such a
charter? If he cannot levy money, their estates are lost, and so is the
King’s estate; and if the King’s estate be gone, how can he repair the
value due upon the warranty? I know that the King’s charters are not so
merely grants, as that they are not also laws; but they are such laws as
speak not to all the King’s subjects in general, but only to his
officers; implicitly forbidding them to judge or execute any thing
contrary to the said grants. There be many men that are able judges of
what is right reason, and what not; when any of these shall know that a
man has no superior nor peer in the kingdom, he will hardly be persuaded
he can be bound by any law of the kingdom, or that he who is subject to
none but God, can make a law upon himself, which he cannot also as
easily abrogate as he made it. The main argument, and that which so much
taketh with the throng of people, proceedeth from a needless fear put
into their minds by such men as mean to make use of their hands to their
own ends. For if, say they, the King may notwithstanding the law do what
he please, and nothing to restrain him but the fear of punishment in the
world to come, then, in case there come a king that fears no such
punishment, he may take away from us, not only our lands, goods, and
liberties, but our lives also if he will. And they say true; but they
have no reason to think he will, unless it be for his own profit; which
cannot be, for he loves his own power; and what becomes of his power
when his subjects are destroyed or weakened, by whose multitude and
strength he enjoys his power, and every one of his subjects his fortune?
And lastly, whereas they sometimes say the King is bound, not only to