The English works of Thomas Hobbes of Malmesbury, Volume 06 (of 11)
Thomas Hobbes · en
unless he causes satisfaction to be made as far as the offender possibly
can; but he is not bound to satisfy men’s thirst of revenge; for all
revenge ought to proceed from God, and under God from the King. Now,
besides in charters, how are these offences specified?
_L._ They are specified by their names, as treason, petite treason,
murder, rape, felony, and the like.
_P._ Petite treason is felony, murder is felony; so is rape, robbery,
and theft; and, as Sir Edward Coke says, petite larceny is felony. Now
if in a Parliament-pardon, or in a Coronation-pardon, all felonies be
pardoned, whether is petite larceny pardoned, or not?
_L._ Yes, certainly, it is pardoned.
_P._ And yet you see it is not specified; and yet it is a crime that
hath less in it of the nature of felony, than there is in robbery. Do
not therefore rape, robbery, theft, pass under the pardon of all
felonies?
_L._ I think they are all pardoned by the words of the statute, but
those that are by the same statute excepted; so that specification is
needful only in charters of pardon, but in general pardons not so. For
the statute 13 _Rich. II_, _c._ 1, forbids not the allowance of
Parliament-pardons, or Coronation-pardons; and therefore the offences
pardoned need not be specified, but may pass under the general word of
_all felonies_. Nor is it likely that the members of the Parliament, who
drew up their own pardons, did not mean to make them as comprehensive as
they could. And yet Sir Edward Coke (1 _Inst._ _sec._ 745), at the word
_felony_, seemeth to be of another mind. For piracy is one species of
felony; and yet when certain Englishmen had committed piracy in the last
year of Queen Elizabeth, and came home into England in the beginning of
the reign of King James, trusting to his coronation-pardon of all
felonies, they were indicted (Sir Edward Coke was then Attorney-general)
of the piracy before commissioners, according to the statute of 28 _Hen.
VIII_, and being found guilty were hanged. The reason he allegeth for it
is, that it ought to have been specified by the name of _piracy_ in the
pardon, and therefore the pardon was not to be allowed.
_P._ Why ought it to have been specified more than any other felony? He
should therefore have drawn his argument from the law of reason.
_L._ Also he does that; for the trial, he says, was by the common-law,
and before commissioners, not in the Court of the Lord Admiral, by the
civil law; therefore, he says, it was an offence whereof the common-law
could not take any notice, because it could not be tried by twelve men.