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._ That is to say, of the law of reason. From hence it follows, that
where there are no juries, and where there are different laws from ours,
that is to say, in all the world besides, neither King nor people have
any inheritance, nor goods, nor any law of reason. I will examine his
doctrine concerning cases criminal no further. He nowhere defineth a
crime, that we may know what it is: an odious name sufficeth him to make
a crime of any thing. He hath put heresy among the most odious crimes,
not knowing what it signifies; and upon no other cause, but because the
Church of Rome, to make their usurped power the more terrible, had made
it, by long preaching against it, and cruelty shown towards many godly
and learned men of this and other reformed Churches, appear to common
people a thing detestable. He puts it in as a plea of the crown in the
time of Queen Elizabeth; whereas in her time there was no doctrine
heresy. But Justice Stamford leaves it out, because, when heresy was a
crime, it was a plea of the _mitre_. I see also in this catalogue of
causes criminal, he inserteth costly feeding, costly apparel, and costly
building, though they were contrary to no statute. It is true, that by
evil circumstances they become sins; but these sins belong to the
judgment of the pastors spiritual. A justice of the temporal law (seeing
the intention only makes them sins) cannot judge whether they be sins or
no, unless he have power to take confessions. Also he makes flattery of
the King to be a crime. How could he know when one man had flattered
another? He meant therefore that it was a crime to please the King: and
accordingly he citeth divers calamities of such as had been in times
past in great favour of the Kings they served; as the favourites of
Henry III, Edward II, Richard II, Henry VI; which favourites were some
imprisoned, some banished, and some put to death by the same rebels that
imprisoned, banished, and put to death the same King, upon no better
ground than the Earl of Strafford, the Archbishop of Canterbury, and
King Charles the First, by the rebels of that time. Empson and Dudley
were no favourites of Henry the seventh, but spunges, which King Henry
the eighth did well squeeze. Cardinal Wolsey was indeed for divers years
a favourite of Henry the eighth, but fell into disgrace, not for
flattering the King, but for not flattering him in the business of
divorce from Queen Katherine. You see his reasoning here; see also his
passion in the words following: we will for some causes descend no
lower: _Qui eorum vestigiis insistunt, eorum exitus perhorrescant._ This
is put in for the favourite, that then was, of King James. But let us
give over this, and speak of the legal punishments to these crimes
belonging.
[Sidenote: Of punishments.]