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._ I do so; nor do I see any reason to the contrary. For the subjects,
when they come into the family, have no title at all to demand any part
of the land, or anything else but security: to which also they are bound
to contribute their whole strength, and, if need be, their whole
fortunes. For it cannot be supposed that any one man can protect all the
rest with his own single strength; and for the practice, it is manifest,
in all conquests the land of the vanquished is in the sole power of the
victor, and at his disposal. Did not Joshua and the High-priest divide
the land of Canaan in such sort among the tribes of Israel as they
pleased? Did not the Roman and Grecian princes and states, according to
their own discretion, send out the colonies to inhabit such provinces as
they had conquered? Is there at this day among the Turks, any inheritor
of land besides the Sultan? And was not all the land in England once in
the hands of William the Conqueror? Sir Edward Coke himself confesses
it. Therefore it is an universal truth, that all conquered lands,
presently after victory, are the lands of him that conquered them.
_L._ But you know that all sovereigns are said to have a double
capacity, viz. a natural capacity, as he is a man; and a politic
capacity, as a king. In his politic capacity, I grant you, that King
William the Conqueror was the proper and only owner once of all the land
in England; but not in his natural capacity.
_P._ If he had them in his politic capacity, then they were so his own,
as not to dispose of any part thereof but only to the benefit of his
people; and that must be either by his own, or by the people’s
discretion, that is, by Act of Parliament. But where do you find that
the Conqueror disposed of his lands (as he did some to Englishmen, some
to Frenchmen, and some to Normans, to be holden by divers tenures, as
knight-service, soccage, &c.) by Act of Parliament? Or that he ever
called a Parliament, to have the assent of the Lords and Commons of
England in disposing of those lands he had taken from them? Or for
retaining of such and such lands in his own hands, by the name of
forrests, for his own recreation or magnificence? You have heard perhaps
that some lawyers, or other men reputed wise and good patriots, have
given out that all the lands which the Kings of England have possessed,
have been given them by the people, to the end that they should
therewith defray the charges of their wars, and pay the wages of their
ministers; and that those lands were gained by the people’s money. For
that was pretended in the late civil war, when they took from the King
his town of Kingston-upon-Hull. But I know you do not think that the
pretence was just. It cannot therefore be denied but that the lands,
which King William the Conqueror gave away to Englishmen and others, and
which they now hold by his letters-patent and other conveyances, were
properly and really his own, or else the titles of them that now hold