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 do not find any law that requires any man, in respect of his
tenancy, to serve on horseback.
_P._ Was the tenant bound, in case he were called, to serve in person?
_L._ I think he was so in the beginning. For when lands were given for
service military, and the tenant dying left his son and heir, the lord
had the custody both of body and lands till the heir was twenty-one
years old. And the reason thereof was, that the heir, till that age of
twenty-one years, was presumed to be unable to serve the King in his
wars; which reason had been insufficient, if the heir had not been bound
to go to the wars in person. Which, methinks, should ever hold for law,
unless by some other law it come to be altered. These services, together
with other rights, as wardships, first possession of his tenants'
inheritance, licenses for alienation, felons' goods, felons' lands (if
they were holden of the King), and the first year’s profit of the lands,
of whomsoever they were holden, forfeitures, amercements, and many other
aids, could not but amount to a very great yearly revenue. Add to this
all that which the King might reasonably have imposed upon artificers
and tradesmen; for all men, whom the King protecteth, ought to
contribute towards their own protection; and consider then whether the
Kings of those times had not means enough, and to spare (if God were not
their enemy), to defend their people against foreign enemies, and also
to compel them to keep the peace amongst themselves.
_P._ And so had had the succeeding Kings, if they had never given their
rights away, and their subjects always kept their oaths and promises. In
what manner proceeded those ancient Saxons, and other nations of
Germany, especially the northern parts, to the making of their laws?
_L._ Sir Edward Coke, out of divers Saxon laws, gathered and published
in Saxon and Latin by Mr. Lambard, inferreth that the Saxon Kings, for
the making of their laws, called together the Lords and Commons, in such
manner as is used at this day in England. But by those laws of the
Saxons published by Mr. Lambard, it appeareth, that the Kings called
together the bishops, and a great part of the wisest and discreetest men
of the realm, and made laws by their advice.