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._ I know none but long custom, for I think it was never done. The
highest ordinary court in England is the Court of Chancery, wherein the
Lord Chancellor, or otherwise Keeper of the Great Seal, is the only
judge. This court is very ancient, as appears by Sir Edward Coke, 4
_Inst._ p. 78, where he nameth the Chancellors of King Edgar, King
Etheldred, King Edmund, and King Edward the Confessor. His office is
given to him, without letters-patent, by the King’s delivery to him of
the Great Seal of England; and whosoever hath the keeping of the Great
Seal of England, hath the same, and the whole jurisdiction that the Lord
Chancellor ever had by the statute of 5 _Eliz._ _c._ 18, wherein it is
declared, that such is, and always has been the common-law. And Sir
Edward Coke says, he has his name of Chancellor from the highest point
of his jurisdiction, viz. a _cancellando_; that is, from cancelling the
King’s letters-patent, by drawing strokes through it like a lattice.
_P._ Very pretty. It is well enough known that _Cancellarius_ was a
great officer under the Roman empire, whereof this island was once a
member, and that the office came into this kingdom, either with, or in
imitation of the Roman government. Also, it was long after the time of
the twelve Cæsars, that this officer was created in the state of Rome.
For till after Septimius Severus his time, the emperors did diligently
enough take cognizance of all causes and complaints for judgments given
in the Courts of the Prætors, which were in Rome the same that the
judges of the common-law are here. But by the continual civil wars in
after times for the choosing of Emperors, that diligence by little and
little ceased. And afterwards, as I have read in a very good author of
the Roman civil law, the number of complaints being much increased, and
being more than the Emperor could dispatch, he appointed an officer as
his clerk, to receive all such petitions; and that this clerk caused a
partition to be made in a room convenient, in which partition-wall, at
the heighth of a man’s reach, he placed at convenient distances certain
bars; so that when a suitor came to deliver his petition to the clerk,
who was sometimes absent, he had no more to do but to throw in his
petition between those bars, which in Latin are called properly
_cancelli_; not that any certain form of those bars, or any bars at all
were necessary, for they might have been thrown over, though the whole
space had been left open; but because they were _cancelli_, the clerk
attendant, and keeping his office there, was called _Cancellarius_. And
any court bar may properly enough be called _cancelli_, which does not
signify a lattice; for that is but a mere conjecture grounded upon no
history nor grammar, but taken up at first, as is likely, by some boy
that could find no other word in the dictionary for a lattice, but
_cancelli_. The office of this Chancellor was at first but to breviate