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._ I desired to understand what treason is, wherein no enumeration of
facts can give me satisfaction. Treason is a crime of itself, _malum in
se_, and therefore a crime at the common-law; and high-treason the
highest crime at the common-law that can be. And therefore not the
statute only, but reason without a statute makes it a crime. And this
appears by the preamble, where it is intimated, that all men, though of
divers opinions, did condemn it by the name of treason, though they knew
not what treason meant, but were forced to request the King to determine
it. That which I desire to know is, how treason might have been defined
without the statute, by a man that has no other faculty to make the
definition of it, than by mere natural reason.
_L._ When none of the lawyers have done it, you are not to expect that I
should undertake it on such a sudden.
_P._ You know that _salus populi_ is _suprema lex_, that is to say, the
safety of the people is the highest law; and that the safety of the
people of a kingdom consisteth in the safety of the King, and of the
strength necessary to defend his people, both against foreign enemies
and rebellious subjects. And from this I infer, that to compass, that
is, to design, the death of the then present King, was high treason
before the making of this statute, as being a designing of a civil war
and the destruction of the people. 2. That the design to kill the King’s
wife, or to violate her chastity, as also to violate the chastity of the
King’s heir-apparent, or of his eldest daughter unmarried, as tending to
the destruction of the certainty of the King’s issue, and by consequence
to the raising of contentions about the Crown, and destruction of the
people in succeeding time by civil war, was therefore high-treason
before this statute. 3. That to levy war against the King within the
realm, and aiding the King’s enemies, either within or without the
realm, are tending to the King’s destruction or disherison, and was
high-treason, before this statute, by the common-law. 4. That
counterfeiting the principal seals of the kingdom, by which the King
governeth his people, tendeth to the confusion of government, and
consequently to the destruction of the people, and was therefore treason
before the statute. 5. If a soldier design the killing of his general or
other officer in time of battle, or a captain hover doubtfully with his
troops, with intention to gain the favour of him that shall chance to
get the victory, it tendeth to the destruction both of King and people,
whether the King be present or absent, and was high-treason before the
statute. 6. If any man had imprisoned the King’s person, he had made him
incapable of defending his people, and it was therefore high-treason
before the statute. 7. If any man had, with design to raise rebellion
against the King, by words written or advisedly uttered, denied the King
regnant to be their lawful King, he that wrote, preached, or spoke such