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._ You see by this, that the jurisdiction of courts cannot easily be
distinguished, but by the King himself in his Parliament. The lawyers
themselves cannot do it; for you see what contention there is between
courts, as well as between particular men. And whereas you say, that law
of 4 _Hen. IV._ 23, is by that of 27 _Eliz._ c. 8, taken away, I do not
find it so. I find indeed a diversity of opinion between the makers of
the former and the latter statute, in the preamble of the latter and
conclusion of the former. The preamble of the latter is, forasmuch as
erroneous judgments given in the Court called the King’s Bench, are only
to be reformed in the High Court of Parliament; and the conclusion of
the former is, that the contrary was law in the times of the King’s
progenitors. These are no parts of those laws, but opinions only
concerning the ancient custom in that case, arising from the different
opinions of the lawyers in those different times, neither commanding nor
forbidding anything; though of the statutes themselves, the one forbids
that such pleas be brought before the Parliament, the other forbids it
not. But yet, if after the act of _Hen. IV._ such a plea had been
brought before the Parliament, the Parliament might have heard and
determined it. For the statute forbids not that; nor can any law have
the force to hinder the Parliament of any jurisdiction whatsoever they
please to take upon them, seeing it is a court of the King and of all
the people together, both Lords and Commons.
_L._ Though it be, yet seeing the King (as Sir Edward Coke affirms, 4
_Inst._ p. 71) hath committed all his power judicial, some to one court,
and some to another, so as if any man would render himself to the
judgment of the King, in such case where the King hath committed all his
power judicial to others, such a render should be to no effect. And p.
73, he saith farther: that in this court, the Kings of this realm have
sitten on the high bench, and the judges of that court on the lower
bench, at his feet; but judicature belongeth only to the judges of that
court, and in his presence they answer all motions.