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 think it does. But he confirms it also in the same chapter, by
holy Scripture. Thus Joab for treason (1 _Kings_ ii. 28), was drawn from
the horns of the altar; that is proof for drawing upon a hurdle: _Esth._
ii. 22; Bigthan for treason was hanged; there is proof for hanging:
_Acts_ i. 18; Judas hanged himself and his bowels were poured out; there
is for hanging and embowelling alive: 2 _Sam._ xviii. 14; Joab pierced
Absalom’s heart; that is proof for pulling out a traitor’s heart: _Sam._
xx. 22; Sheba the son of Bichri had his head cut off; which is proof
that a traitor’s head ought to be cut off: 2 _Sam._ iv. 12; they slew
Baanah and Rechab, and hung up their heads over the pool of Hebron; this
is for setting up of quarters: and lastly for forfeiture of lands, and
goods, _Psalms_ cix. 9-15: _Let their children be driven out, and beg,
and other men make spoil of their labours, and let their memory be
blotted out of the land._
_P._ Learnedly said; and no record is to be kept of the judgment. Also
the punishments divided between those traitors, must be joined in one
judgment for a traitor here.
_L._ He meant none of this, but intended (his hand being in) to show his
reading, or his chaplain’s, in the Bible.
_P._ Seeing then for the specifying of the punishment in case of
treason, he brings no argument from natural reason, that is to say, from
the common-law; and that it is manifest that it is not the general
custom of the land, the same being rarely or never executed upon any
peer of the realm, and that the King may remit the whole penalty, if he
will: it follows, that the specifying of the punishment depends merely
upon the authority of the King. But this is certain, that no judge ought
to give other judgment, than has been usually given and approved either
by a statute, or by consent express or implied of the sovereign power.
For otherwise it is not the judgment of the law, but of a man subject to
the law.
_L._ In petit treason the judgment is, to be drawn to the place of
execution, and hanged by the neck; or if it be a woman, to be drawn and
burnt.
_P._ Can you imagine that this so nice a distinction can have any other
foundation than the wit of a private man?
_L._ Sir Edward Coke upon this place says, that she ought not to be
beheaded or hanged.
_P._ No, not by the judge, who ought to give no other judgment than the
statute or the King appoints; nor the sheriff to make other execution
than the judge pronounceth; unless he have a special warrant from the
King. And this I should have thought he had meant, had he not said
before, that the King had given away all his right of judicature to his
courts of justice.
_L._ The judgment for felony is—
_P._ Heresy is before felony in the catalogue of the pleas of the Crown.