The English works of Thomas Hobbes of Malmesbury, Volume 06 (of 11)
Thomas Hobbes · en
_P._ “If a man that is innocent be accused of felony, and for fear
flieth for the same; albeit that he be judicially acquitted of the
felony, yet if it be found that he fled for the same, he shall,
notwithstanding his innocence, forfeit all his goods and chattels, debts
and duties.” O unchristian and abominable doctrine! which also he in his
own words following contradicteth: “for,” saith he, “as to the
forfeiture of them, the law will admit no proof against the presumption
of the law grounded upon his flight, and so it is in many other cases:
but that the general rule is, _Quod stabitur præsumptioni, donec
probetur in contrarium_; but you see it hath many exceptions.” This
general rule contradicts what he said before; for there can be no
exceptions to a general rule in law, that is not expressly made an
exception by some statute, and to a general rule of equity there can be
no exception at all.
[Sidenote: Of pardoning.]
From the power of punishing, let us proceed to the power of pardoning.
_L._ Touching the power of pardoning, Sir Edward Coke says, (3 _Inst._
_p._ 236), that no man shall obtain charter of pardon out of Parliament;
and cites for it the statute of 2 _Edw. III_, _c._ 2; and says further,
that accordingly in a Parliament roll it is said, that for the peace of
the land it would help that no pardon were granted but by Parliament.
_P._ What lawful power would he have left to the King, that thus
disableth him to practise mercy? In the statute which he citeth, to
prove that the King ought not to grant charters of pardon but in
Parliament, there are no such words, as any man may see; for that
statute is in print; and that which he says is in the Parliament roll,
is but a wish of he tells not whom, and not a law; and it is strange
that a private wish should be enrolled among acts of Parliament. If a
man do you an injury, to whom, think you, belongeth the right of
pardoning it?
_L._ Doubtless to me alone, if to me alone be done that injury; and to
the King alone, if to him alone be done the injury; and to both
together, if the injury be done to both.
_P._ What part then has any man in the granting of a pardon, but the
King and the party wronged. If you offend no member of either House, why
should you ask their pardon? It is possible that a man may deserve a
pardon; or he may be such a one sometimes as the defence of the kingdom
hath need of. May not the King pardon him, though there be no Parliament
then sitting? Sir Edward Coke’s law is too general in this point; and I
believe, if he had thought on it, he would have excepted some persons,
if not all the King’s children and his heir-apparent; and yet they are
all his subjects, and subject to the law as other men.