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
_L._ There be an extraordinary great number of courts in England. First,
there be the King’s courts, both for law and equity, in matters
temporal; which are the Chancery, the King’s Bench, the Court of Common
Pleas; and, for the King’s revenue, the Court of the Exchequer: and
there be subjects' courts by privilege, as the Courts in London and
other privileged places. And there be other courts of subjects, as the
Court of Landlords, called the Court of Barons, and the Courts of
Sheriffs. Also the Spiritual Courts are the King’s courts at this day,
though heretofore they were the Pope’s courts. And in the King’s courts,
some have their judicature by office, and some by commission; and some
authority to hear and determine, and some only to inquire, and to
certify into other courts. Now for the distribution of what pleas every
court may hold, it is commonly held, that all the pleas of the Crown,
and of all offences contrary to the peace, are to be holden in the
King’s Bench, or by commissioners. For Bracton saith: _Sciendum est,
quod si actiones sunt criminales, in Curia Domini Regis debent
determinari; cum sit ibi pœna corporalis infligenda, et hoc coram ipso
rege, si tangat personam suam, sicut crimen læsæ majestatis, vel coram
justitiariis ad hoc specialiter assignatis_: that is to say, that if the
plea be criminal, it ought to be determined in the Court of our Lord the
King, because there they have power to inflict corporal punishment; and
if the crime be against his person, as the crime of treason, it ought to
be determined before the King himself; or if it be against a private
person, it ought to be determined by justices assigned, that is to say,
before commissioners. It seems by this, that heretofore Kings did hear
and determine pleas of treason against themselves, by their own persons;
but it has been otherwise a long time, and is now; for it is now the
office of the Lord Steward of England, in the trial of a peer, to hold
that plea by a commission especially for the same. In causes concerning
_meum_ and _tuum_, the King may sue, either in the King’s Bench, or in
the Court of Common Pleas; as it appears by Fitzherbert in his <cite
lang="la">Natura Brevium_, at the writ of escheat.
_P._ A king perhaps will not sit to determine of causes of treason
against his person, lest he should seem to make himself judge in his own
cause; but that it shall be judged by judges of his own making can never
be avoided, which is all one as if he were judge himself.