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A44019 Tracts of Mr. Thomas Hobbs of Malmsbury containing I. Behemoth, the history of the causes of the civil wars of England, from 1640 to 1660, printed from the author's own copy never printed (but with a thousand faults) before, II. An answer to Arch-bishop Bramhall's book called the catching of the Leviathan, never before printed, III. An historical narration of heresie and the punishment thereof, corrected by the true copy, IV. Philosophical problems dedicated to the King in 1662, but never printed before.; Selections. 1682 Hobbes, Thomas, 1588-1679. 1682 (1682) Wing H2265; ESTC R19913 258,262 615

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was courting the Gentlemen there the Committee was instigating of the Yeomanry against him To which also the Ministers did very much contribute So that the King lost his opportunity at York B. Why did not the King seize the Committee into his Hands or drive them out of Town A. I know not but I believe he knew the Parliament had a greater Party than he not only in York-shire but also in York Towards the end of April the King upon Petition of the People of York-shire to have the Magazine of Hull to remain still there for the greater security of the Northern parts thought fit to take it into his own Hands He had a little before appointed Governour of that Town the Earl of New-Castle but the Towns-men having been already corrupted by the Parliament refused to receive him but refused not to receive Sir John Hotham appointed to be Governour by the Parliament The King therefore coming before the Town guarded only by his own Servants and a few Gentlemen of the Countrey thereabouts was denied entrance by Sir John Hotham that stood upon the Wall for which Act he presently caused Sir John Hotham to be proclaimed Traitor and sent a Message to the Parliament requiring Justice to be done upon the said Hotham and that the Town and Magazine might be delivered into his hands To which the Parliament made no answer but in stead thereof published another Declaration in which they omitted nothing of their former slanders against his Majesties Government but inserted certain Propositions declarative of their own pretended Right viz. 1. That whatsoever they declare to be Law ought not to be question'd by the King 2. That no Precedents can be limits to bound their proceedings 3. That a Parliament for the publick good may dispose of any thing wherein the King or Subject hath a Right and that they without the King are this Parliament and the Judge of this publick good and that the King's Consent is not necessary 4. That no Member of either House ought to be troubled for Treason Felony or any other Crime unless the Cause be first brought before the Parliament that they may judge of the Fact and give leave to proceed if they see cause 5. That the Sovereign Power resides in both Houses and that the King ought to have no Negative Voice 6 That the Levying of Forces against the personal Commands of the King though accompanied with his presence is not Levying War against the King but the Levying of War against his Politick Person viz. his Laws c. 7. That Treason cannot be committed against his Person otherwise than as he is entrusted with the Kingdom and discharges that Trust and that they have a power to judge whether he have discharged this Trust or not 8. That they may dispose of the King when they will B. This is plain dealing and without Hypocrisie Could the City of London swallow this A. Yes and more too if need be London you know has a great Belly but no Pallat nor Tast of Right and Wrong In the Parliament Roll of Hen. 4. amongst the Articles of the Oath the King at his Coronation took there is one runs thus Concedes just as Leges Consuetudines esse tenendas promittes per te eas esse protegendas ad honorem Dei corroborandas quas vulgus elegerit Which the Parliament urged for their Legislative Authority and therefore interpret quas vulgus elegerit which the People shall choose as if the King should swear to protect and corroborate Laws before they were made whether they be good or bad whereas the words signifie no more but that he shall protect and corroborate such Laws as they have chosen that is to say the Acts of Parliament then in being And in the Records of the Exchequer it is thus Will you grant to hold and keep the Laws and rightful Customs which the Commonalty of this your Kingdom have and will you defend and uphold them c. And this was the Answer his Majesty made to that Point B. And I think this Answer very full and clear but if the words were to be interpreted in the other sense yet I see no reason why the King should be bound to swear to them for Hen. 4. came to the Crown by the Votes of a Parliament not much inferior in wickedness to this Long Parliament that deposed and murdered their Lawful King saving that it was not the Parliament it self but the Usurper that murdered King Richard the second A. About a week after in the beginning of May the Parliament sent the King another Paper which they stiled the humble Petition and Advice of both Houses containing 19 Propositions which when you shall hear you shall be able to judge what power they meant to leave to the King more than to any one of his Subjects The first of them is this 1. That the Lords and others of his Majesties Privy-Council and all great Officers of State both at home and abroad be put from their Employments and from his Council save only such as should be approved of by both Houses of Parliament and none put into their places but by approbation of the said Houses And that all Privy-Councellors take an Oath for the due execution of their places in such form as shall be agreed upon by the said Houses 2. That the great Affairs of the Kingdom be debated resolved and transacted only in Parliament and such as shall presume to do any thing to the contrary be reserved to the censure of the Parliament and such other matters of State as are proper for his Majesties Privy-Council shall be debated and concluded by such as shall from time to time be chosen for that place by both Houses of Parliament and that no publick Act concerning the Affairs of the Kingdom which are proper for his Privy-Council be esteemed valid as proceeding from the Royal Authority unless it be done by the Advice and Consent of the Major part of the Councel attested under their Hands and that the Council be not more than 25 nor less than 15 and that when a Councellors place falls void in the Interval of Parliament it shall not be supplied without the Assent of the Major part of the Council and that such choice also shall be void if the next Parliament after confirm it not 3. That the Lord High Steward of England Lord High Constable Lord Chancellor or Lord Keeper of the Great Seal Lord Treasurer Lord privy-Privy-Seal Earl Marshal Lord Admiral Warden of the Cinque Ports Chief Governour of Ireland Chancellor of the Exchequer Master of the Wards Secretaries of State two Chief Justices and Chief Baron be always chosen with the Approbation of both Houses of Parliament and in the Intervals of Parliament by the Major part of the Privy-Council 4. That the Government of the King's Children shall be committed to such as both Houses shall approve of and in the Intervals of Parliament such as the Privy-Council
just disposition of Almighty God this Policy turned to a sin and was the utter destruction of Jeroboam and his Family It is not good jesting with edge-tools nor playing with holy things Where men make their greatest fastness many times they find most danger T. H. His Lordship either had a strange Conscience or understood not English Being at Paris when there was no Bishop nor Church in England and every man writ what he pleased I resolved when it should please God to restore the Authority Ecclesiastical to submit to that Authority in whatsoever it should determine This his Lordship construes for a temporizing and too much indifferency in Religion and says further that the last part of my words do smell of Jeroboam To the contrary I say my words were modest and such as in duty I ought to use And I profess still that whatsoever the Church of England the Church I say not every Doctor shall forbid me to say in matter of Faith I shall abstain from saying it excepting this point That Jesus Christ the Son of God dyed for my sins As for other Doctrins I think it unlawful if the Church define them for any Member of the Church to contradict them J. D. His sixth Paradox is a rapper the Civil Laws are the Rules of good and evil just and unjust honest and dishonest and therefore what the Lawgiver commands that is to be accounted good what he forbids bad And a little after before Empires were just and unjust were not as whose nature is Relative to a Command every action in its own nature is indifferent That it is just or unjust proceedeth from the right of him that commandeth Therefore lawful Kings make those things which they command Just by commanding them and those things which they forbid Vnjust by forbidding them To this add his definition of a sin that which one doth or omitteth saith or willeth contrary to the reason of the Common-wealth that is the Civil Laws Where by the Laws he doth not understand the Written Laws elected and approved by the whole Common-wealth but the verbal Commands or Mandates of him that hath the Soveraign Power as we find in many places of his Writings The Civil Laws are nothing else but the Commands of him that is endowed with Soveraign Power in the Common-wealth concerning the future actions of his Subjects And the Civil Laws are fastned to the Lips of that man who hath the Soveraign Power Where are we In Europe or in Asia Where they ascribed a Divinity to their Kings and to use his own Phrase made them Mortal Gods O King live for ever Flatterers are the common Moths of great Pallaces where Alexander's friends are more numerous than the King's friends But such gross palpable pernicious flattery as this is I did never meet with so derogatory both to piety and policy What deserved he who should do his uttermost endeavour to poyson a common Fountain whereof all the Common-wealth must drink He doth the same who poisoneth the mind of a Soveraign Prince Are the Civil Laws the Rules of good and bad just and unjust honest and dishonest And what I pray your are the Rules of the Civil Law it self Even the Law of God and Nature If the Civil Laws swerve from these more authentick Laws they are Lesbian Rules What the Lawgiver commands is to be accounted good what he forbids bad This was just the garb of the Athenian Sophisters as they are described by Plato Whatsoever pleased the great Beast the Multitude they call holy and just and good And whatsoever the great Beast disliked they called evil unjust prophane But he is not yet arrived at the height of his flattery Lawful Kings make those things which they command just by commanding them At other times when he is in his right wits he talketh of sufferings and expecting their reward in Heaven And going to Christ by Martyrdome And if he had the fortitude to suffer death he should do better But I fear all this was but said in jest How should they expect their reward in Heaven if his Doctrine be true that there is no reward in Heaven Or how should they be Martyrs if his Doctrine be true that none can be Martyrs but those who conversed with Christ upon earth He addeth Before Empires were just and unjust were not Nothing could be written more false in his sence more dishonourable to God more inglorious to the humane nature That God should create Man and leave him presently without any Rules to his own ordering of himself as the Ostridg leaveth her Eggs in the sand But in truth there have been Empires in the World ever since Adam And Adam had a Law written in his heart by the finger of God before there was any Civil Law Thus they do endeavour to make goodness and justice and honesty and conscience and God himself to be empty names without any reality which signifie nothing further than they conduce to a man's interest Otherwise he would not he could not say That every action as it is invested with its circumstances is indifferent in its own nature T. H. My sixth Paradox he calls a Rapper A Rapper a Swapper and such like terms are his Lordships elegancies But let us see what this Rapper is 'T is this The Civil Laws are the Rules of Good and Evil Just and Unjust Honest and Dishonest Truly I see no other Rules they have The Scriptures themselves were made Law to us here by the Authority of the Common-wealth and are therefore part of the Law Civil If they were Laws in their own nature then were they Laws over all the World and men were obliged to obey them in America as soon as they should be shown there though without a Miracle by a Frier What is Injust but the Transgression of a Law Law therefore was before Unjust And the Law was made known by Soveraign Power before it was a Law Therefore Soveraign Power was antecedent both to Law and Injustice Who then made Injust but Soveraign Kings or Soveraign Assemblies Where is now the wonder of this Rapper That Lawful Kings make those things which they command Just by commanding them and those things which they forbid Vnjust by forbidding them Just and Unjust were surely made if the King made them not who made them else For certainly the breach of a Civil Law is a sin against God Another Calumny which he would fix upon me is That I make the King 's verbal Commands to be Laws How so Because I say the Civil Laws are nothing else but the Commands of him that hath the Soveraign Power concerning the future Actions of his Subjects What verbal Command of a King can arrive at the ears of all his Subjects which it must do ere it be a Law without the Seal of the Person of the Common-wealth which is here the Great Seal of England Who but his Lordship ever denyed that the command of England was a Law to English
men Or that any but the King had Authority to affix the Great Seal of England to any Writing And who did ever doubt to call our Laws though made in Parliament the King's Laws What was ever called a Law which the King did not assent to Because the King has granted in divers cases not to make a Law without the advice and assent of the Lords and Commons therefore when there is no Parliament in being shall the Great Seal of England stand for nothing What was more unjustly maintained during the long Parliament besides the resisting and Murdering of the King then this Doctrine of his Lordship's But the Bishop endeavoured here to make the Multitude believe I maintain That the King sinneth not though he bid hang a man for making his Apparel otherwise than he appointed or his Servant for negligent attendance And yet he knew I distinguished always between the King 's natural and politick capacity What name should I give to this wilful slander But here his Lordship enters into passion and exclaims Where are we in Europe or in Asia Gross palpable pernicious flattery poisoning of a Common-wealth poysoning the King's mind But where was his Lordship when he wrote this One would not think he was in France nor that this Doctrine was Written in the year 1658 but rather in the year 1648 in some Cabal of the King's enemies But what did put him into this fit of Choller Partly this very thing that he could not answer my reasons but chiefly that he had lost upon me so much School-learning in our controversie touching Liberty and Necessity wherein he was to blame himself for believing that the obscure and barbarous Language of School Divinity could satisfie an ingenuous Reader as well as plain and perspicuous English Do I flatter the King Why am I not rich I confess his Lordship has not flattered him here J. D. Something there is which he hath a confused glimmering of as the blind man sees men walking like Trees which he is not able to apprehend and express clearly We acknowledge that though the Laws or Commands of a Soveraign Prince be erroneous or unjust or injurious such as a Subject cannot approve for good in themselves yet he is bound to acquiesce and may not oppose or resist otherwise than by Prayers and Tears and at the most by flight We acknowledge that the Civil Laws have power to bind the Conscience of a Christian in themselves but not from themselves but from him who hath said Let every Soul be subject to the higher Powers Either they bind Christian Subjects to do their Soveraign's Commands or to suffer for the Testimony of a good Conscience We acknowledge that in doubtful Cases semper praesumitur pro Rege Lege the Soveraign and the Law are always presumed to be in the right But in plain evident cases which admit no doubt it is always better to obey God than man Blunderers whilst they think to mend one imaginary hole make two or three real ones They who derive the Authority of the Scriptures or God's Law from the Civil Laws of men are like those who seek to underprop the Heavens from falling with a Bullrush Nay they derive not only the Authority of the Scripture but even the Law of nature it self from the Civil Law The Laws of nature which need no promulgation in the condition of nature are not properly Laws but qualities which dispose men to peace and obedience When a Common-wealth is once setled then are they actually Laws and not before God help us into what times are we fallen when the immutable Laws of God and Nature are made to depend upon the mutable Laws of mortal men just as one should go about to controll the Sun by the Authority of the Clock T. H. Hitherto he never offered to mend any of the Doctrines he inveighs against but here he does He says I have a glimmering of something I was not able to apprehend and express clearly Let us see his Lordship's more clear expression We acknowledge saith he that though the Laws or Commands of a Soveraign Prince be erroneous or unjust or injurious such as a Subject cannot approve for good in themselves yet he is bound to acquiesce and may not oppose or resist otherwise than by Prayers and Tears and at the most by Flight Hence it follows clearly that when a Soveraign has made a Law though erroneous then if his Subject oppose it it is a sin Therefore I would fain know when a man has broken that Law by doing what it forbad or by refusing to do what it commanded whether he have opposed this Law or not If to break the Law be to oppose it he granteth it Therefore his Lordship has not here expressed himself so clearly as to make men understand the difference between breaking a Law and opposing it Though there be some difference between breaking of a Law and opposing those that are sent with force to see it executed yet between breaking and opposing the Law it self there is no difference Also though the Subject think the Law just as when a Thief is by Law Condemned to dye yet he may lawfully oppose the Execution not only by Prayers Tears and Flight but also as I think any way he can For though his fault were never so great yet his endeavour to save his own life is not a fault For the Law expects it and for that cause appointeth Felons to be carryed bound and encompassed with Armed men to Execution Nothing is opposite to Law but sin Nothing opposite to the Sheriff but force So that his Lordship's sight was not sharp enough to see the difference between the Law and the Officer Again We acknowledge says he that the Laws have power to bind the Conscience of a Christian in themselves but not from themselves Neither do the Scriptures bind the Conscience because they are Scriptures but because they were from God So also the Book of English Statutes bindeth our Consciences in it self but not from it self but from the Authority of the King who only in the right of God has the legislative Powers Again he saith We acknowledge that in doubtful cases the Soveraign and the Law are always presumed to be in the right If he presume they are in the right how dare he presume that the cases they determine are doubtful But saith he in evident cases which admit no doubt it is always better to obey God than man Yes and in doubtful cases also say I. But not always better to obey the inferior Pastors than the Supream Pastor which is the King But what are those cases that admit no doubt I know but very few and those are such as his Lordship was not much acquainted with J. D. But it is not worthy of my labour nor any part of my intention to pursue every shadow of a Question which he springeth It shall suffice to gather a Posie of Flowers or rather a bundle of Weeds