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._ But yet there is a difference between the late Act of Oblivion made
here, and an ordinary Parliament-pardon. For concerning a fault pardoned
in Parliament by a general word, a suit in law may arise about this,
whether the offender be signified by the word or not, as whether the
pardon of all felonies be a pardon of piracy or not. For you see by Sir
Edward Coke’s reports, that notwithstanding a pardon of felony, a
sea-felony, when he was Attorney-General, was not pardoned. But by the
late Act of Oblivion, which pardoned all manner of offences committed in
the late civil war, no question could arise concerning crimes excepted.
First, because no man can by law accuse another man of a fact, which by
law is to be forgotten. Secondly, because all crimes may be alleged as
proceeding from the licentiousness of the time, and from the silence of
the law occasioned by the civil war, and consequently (unless the
offender’s person also were excepted, or unless the crime were committed
before the war began) are within the pardon.
_L._ Truly I think you say right. For if nothing had been pardoned but
what was done by the occasion of the war, the raising of the war itself
had not been pardoned.
[Sidenote: Of the laws of _meum_ and _tuum_.]
_P._ I have done with crimes and punishments; let us come now the laws
of _meum_ and _tuum_.
_L._ We must then examine the statutes.
_P._ We must so, what they command and forbid; but not dispute of their
justice. For the law of reason commands that every one observe the law
which he hath assented to, and obey the person to whom he hath promised
obedience and fidelity. Then let us consider next the commentaries of
Sir Edward Coke upon Magna Charta and other statutes. For the
understanding of Magna Charta it will be very necessary to run up into
ancient times, as far as history will give us leave, and consider not
only the customs of our ancestors the Saxons, but also the law of
nature, the most ancient of all laws, concerning the original of
government and acquisition of property, and concerning courts of
judicature. And first, it is evident that dominion, government, and
laws, are far more ancient than history or any other writing, and that
the beginning of all dominion amongst men was in families. In which,
first, the father of the family by the law of nature was absolute lord
of his wife and children: secondly, made what laws amongst them he
pleased: thirdly, was judge of all their controversies: fourthly, was
not obliged by any law of man to follow any counsel but his own:
fifthly, what land soever the lord sat down upon and made use of for his
own and his family’s benefit, was his propriety by the law of first
possession, in case it was void of inhabitants before, or by the law of
war, in case they conquered it. In this conquest what enemies they took
and saved, were their servants. Also such men as wanting possessions of
lands, but furnished with arts necessary for man’s life, came to dwell