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
_P._ This statute is so far from being repugnant to that I say, as it
seemeth to me to have been made expressly to confirm the same. For the
substance of the statute is, that there shall be no suit made by either
of the parties for anything adjudged, either in the King’s Bench, or
Court of Common Pleas, before the judgment be undone by error, or
corruption proved; and that this was the common-law before the making of
this statute, which could not be, except there were before this statute
some courts authorized to examine and correct such errors as by the
plaintiff should be assigned. The inconvenience which by this statute
was to be remedied was this, that often judgment given in the King’s
courts, by which are meant in this place the King’s Bench and Court of
Common Pleas, the party against whom the judgment was given, did begin a
new suit, and cause his adversary to come before the King himself. Here,
by the King himself must be understood the King in person: for though in
a writ by the words _coram nobis_ is understood the King’s Bench, yet in
a statute it is never so; nor is it strange, seeing in those days the
King did usually sit in court with his council to hear causes, as
sometimes King James. And sometimes the same parties commenced their
suit before the Privy Council, though the King were absent, and
sometimes before the Parliament, the former judgment yet standing. For
remedy whereof, it was ordained by this statute, that no man should
renew his suit till the former judgment was undone by attaint or error;
which reversing of a judgment had been impossible, if there had been no
court besides the aforesaid two courts, wherein the errors might be
assigned, examined, and judged; for no court can be esteemed, in law or
reason, a competent judge of its own errors. There was therefore before
this statute, some other court existent for the hearing of errors, and
reversing of erroneous judgments. What court this was, I inquire not
yet; but I am sure it could not be either the Parliament or the Privy
Council, or the court wherein the erroneous judgment was given.
_L._ The _Doctor and Student_ discourses of this statute (cap. 18 et
seq.) much otherwise than you do. For the author of that book saith,
that against an erroneous judgment all remedy is by this statute taken
away. And though neither reason, nor the office of a King, nor any law
positive, can prohibit the remedying of any injury, much less of an
unjust sentence; yet he shows many statutes, wherein a man’s conscience
ought to prevail above the law.
_P._ Upon what ground can he pretend, that all remedy in this case is by
this statute prohibited?
_L._ He says it is thereby enacted, that judgment given by the King’s
Courts shall not be examined in the Chancery, Parliament, nor elsewhere.