The English works of Thomas Hobbes of Malmesbury, Volume 06 (of 11)
Thomas Hobbes · en
_A._ Both the Rump and all other sovereign assemblies, if they have but
one voice, though they be many men, yet are they but one person. For
contrary commands cannot consist in one and the same voice, which is the
voice of the greatest part; and therefore they might govern well enough,
if they had honesty and wit enough.
The first act of the Rump was the exclusion of those members of the
House of Commons, which had been formerly kept out by violence for the
procuring of an ordinance for the King’s trial; for these men had
appeared against the ordinance of non-addresses, and therefore were
excluded, because they might else be an impediment to their future
designs.
_B._ Was it not rather, because in the authority of few they thought the
fewer the better, both in respect of their shares and also of a nearer
approach in every one of them to the dignity of king?
_A._ Yes certainly, that was their principal end.
_B._ When these were put out, why did not the counties and boroughs
choose others in their places?
_A._ They could not do that without order from the House.
After this they constituted a council of forty persons, which they
termed a Council of State, whose office was to execute what the Rump
should command.
_B._ When there was neither King nor House of Lords, they could not call
themselves a Parliament; for a Parliament is a meeting of the King,
Lords, and Commons, to confer together about the businesses of the
commonwealth. With whom did the Rump confer?
_A._ Men may give to their assembly what name they please, what
signification soever such name might formerly have had; and the Rump
took the name of Parliament, as most suitable to their purpose, and such
a name, as being venerable amongst the people for many hundred years,
had countenanced and sweetened subsidies and other levies of money,
otherwise very unpleasant to the subject. They took also afterwards
another name, which was _Custodes Libertatis Angliæ_, which title they
used only in their writs issuing out of the courts of justice.
_B._ I do not see how a subject that is tied to the laws, can have more
liberty in one form of government than another.
_A._ Howsoever to the people, that understand by liberty nothing but
leave to do what they list, it was a title not ingrateful.
Their next work was to set forth a public declaration, that they were
fully resolved to maintain the fundamental laws of the nation, as to the
preservation of the lives, liberties, and proprieties of the people.
_B._ What did they mean by the fundamental laws of the nation?