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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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stiled Tyrant Traitor and Murderer The King being dead the same day they made an Act of Parliament that whereas several pretences might be made to the Crown c. It is Enacted by this present Parliament and Authority of the same That no person presume to declare proclaim or publish or any way promote Charles Stuart Son of Charles late King of England commonly called Prince of Wales or any other person to be King of England or Ireland c. B. Seeing the King was dead and his Successor barred by what declar'd Authority was the Peace maintain'd A. They had in their anger against the Lords formerly declar'd the Supream Power of the Nation to be in the House of Commons and now on February 5 th they vote the House of Lords to be useless and dangerous And thus the Kingdom is turned into a Democracie or rather an Oligarchie for presently they made an Act That none of those Members who were secluded for opposing the Vote of Non-Addresses should ever be re-admitted And these were commonly called the secluded Members and the rest were by some stiled a Parliament and by others the Rump I think you need not now have a Catalogue either of the Vices or of the Crimes or of the Follies of the greatest part of them that composed the Long Parliament than which greater cannot be in the World What greater Vices than Irreligion Hypocrisie Avarice and Cruelty which have appear'd so eminently in the Actions of Presbyterian Members and Presbyterian Ministers What greater Crimes than Blaspheming and Killing God's Anointed which was done by the hands of the Independents but by the folly and first Treason of the Presbyterians who betrayed and sold him to his Murderers Nor was it a little folly in the Lords not to see that by the taking away of the King's Power they lost withal their own Priviledges or to think themselves either for number or judgment any way a considerable assistance to the House of Commons And for those men who had skill in the Laws it was no great sign of understanding not to perceive that the Laws of the Land were made by the King to oblige his Subjects to Peace and Justice and not to oblige himself that made them And lastly and generally all men are fools which pull down any thing which does them good before they have set up something better in its place He that would set up Democracie with an Army should have an Army to maintain it but these men did it when those men had the Army that were resolv'd to pull it down To these Follies I might add the folly of those fine men which out of their reading of Tully Seneca or other Antimonarchiques think themselves sufficient Politiques and shew their discontents when they are not called to the management of the State and turn from one side to another upon every neglect they fancy from the King or his Enemies Behemoth PART IV. A. YOU have seen the Rump in possession as they believ'd of the Supream Power over the two Nations of England and Ireland and the Army their Servant though Cromwel thought otherwise serving them diligently for the advancement of his own purposes I am now therefore to shew you their Proceedings B. Tell me first how this kind of Government under the Rump or Relique of a House of Commons is to be called A. 'T is doubtless an Oligarchy for the Supream Authority must needs be in one man or in more If in one it is Monarchy the Rump therefore was no Monarchy If the Authority were in more than one it was in all or in fewer than all When in all it is Democracy for every man may enter into the Assembly which makes the Sovereign Court which they could not do here It is therefore manifest that the Authority was in a few and consequently the State was an Oligarchy B. Is it not impossible for a People to be well govern'd that are to obey more Masters than one A. Both the Rump and all other Sovereign Assemblies if they have but one Voice though they be many Men yet are they but one Person for contrary Commands cannot consist in one and the same Voice which is the Voice of the greatest part and therefore they might govern well enough if they had Honesty and Wit enough The first Act of the Rump was the Exclusion of those Members of the House of Commons which had been formerly kept out by violence for the procuring of an Ordinance for the King's Tryal for these men had appear'd against the Ordinance of Non-Addresses and therefore to be excluded because they might else be an Impediment to their future Designs B. Was it not rather because in the Authority of few they thought the fewer the better both in respect of their shares and also of a nearer approach in every one of them to the Dignity of a King A. Yes certainly that was their principal end B. When these were put out why did not the Counties and Burroughs choose others in their places A. They could not do that without order from the House After this they constituted a Councel of 40 persons which they termed a Councel of State whose Office was to execute what the Rump should command B. When there was neither King nor House of Lords they could not call themselves a Parliament for a Parliament is a Meeting of the King Lords and Commons to confer together about the businesses of the Common-wealth With whom did the Rump confer A. Men may give to their Assembly what name they please what signification soever such Name might formerly have had and the Rump took the Name of Parliament as most suitable to their purpose and such a Name as being venerable amongst the people for many hundred years had countenanced and sweetned Subsidies and other Levies of Money otherwise very unpleasant to the Subject They took also afterwards another name which was Custodes Libertatis Angliae which Titles they used only in their Writs issuing out of the Courts of Justice B. I do not see how a Subject that is tied to the Laws can have more liberty in one form of Government than another A. Howsoever to the people that understand by liberty nothing but leave to do what they list it was a Title not ingrateful Their next work was to set forth a publick Declaration That they were fully resolv'd to maintain the fundamental Laws of the Nation as to the Preservation of the Lives Liberties and Proprieties of the People B. What did they mean by the fundamental Laws of the Nation A. Nothing but to abuse the people for the only fundamental Law in every Common-wealth is To obey the Laws from time to time which he shall make to whom the People have given the Supream Power How likely then are they to uphold the fundamental Laws that had murder'd him who was by themselves so often acknowledged for their Lawful Sovereign Besides at the same time that this Declaration came
else want lawful Heirs to succeed him by which means being not taken for the Head of the Church he was sure in any Controversie between him and the Pope that his Subjects would be against him B. Is not a Christian King as much a Bishop now as the Heathen Kings were of old for among them Episcopus was a Name common to all Kings Is not he a Bishop now to whom God hath committed the charge of all the Souls of his Subjects both of the Laity and the Clergy And though he be in relation to our Saviour who is the chief Pastor but a Sheep yet compared to his own Subjects they are all Sheep both Laique and Clerique and he only Shepherd And seeing a Christian Bishop is but a Christian endued with power to govern the Clergy it follows that every Christian King is not only a Bishop but an Arch-bishop and his whole Dominion his Diocess And though it were granted that Imposition of Hands is necessary from a Priest yet seeing Kings have the Government of the Clergy that are his Subjects even before Baptism the Baptism it self wherein he is receiv'd as a Christian is a sufficient Imposition of Hands so that whereas before he was a Bishop now he is a Christian Bishop A. For my part I agree with you This Prohibition of Marriage to Priests came in about the time of Pope Gregory the 7 th and William the first King of England by which means the Pope had in England what with Secular and what with Regular Priests a great many lusty Batchelors at his service Secondly That Auricular Confession to a Priest was necessary to Salvation 'T is true that before that time Confession to a Priest was usual and performed for the most part by him that confessed in writing but that use was taken away about the time of King Edward the third and Priests commanded to take Confessions from the Mouth of the Confitent and Men did generally believe that without Confession and Absolution before their departure out of the World they could not be saved and having Absolution from a Priest that they could not be damn'd You understand by this how much every Man would stand in awe of the Pope and Clergy more than they would of the King and what Inconvenience it is to a State for their Subjects to confess their secret Thoughts to Spies B. Yes as much as Eternal Torture is more terrible than Death so much they would fear the Clergy more than the King A. And though perhaps the Roman Clergy will not maintain that a Priest hath power to remit sins absolutely but only with a condition of repentance yet the People were never so instructed by them but were left to believe that whensoever they had Absolution their precedent sins were all discharged when their Penance which they took for Repentance was perform'd Within the same time began the Article of Transubstantiation for it had been disputed a long time before in what manner a Man did eat the Body of our Saviour Jesus Christ as being a Point very difficult for a Man to conceive and imagine clearly but now it was made very clear that the Bread was transubstantiated into Christs Body and so was become no more Bread but Flesh. B. It seems then that Christ had many Bodies and was in as many places at once as there were Communicants I think the Priests then were so wanton as to insult upon the dulness not only of Common People but also of Kings and their Councellors A. I am now in a Narration not in a Disputation and therefore I would have you at this time to consider nothing else but what effect this Doctrine would work upon Kings and their Subjects in relation to the Clergy who only were able of a piece of Bread to make our Saviour's Body and thereby at the hour of death to save their Souls B. For my part it would have an effect on me to make me think them Gods and to stand in awe of them as of God himself if he were visibly present A. Besides these and other Articles tending to the upholding of the Popes Authority they had many fine Points in their Ecclesiastical Politie conducing to the same end of which I will mention only such as were established within the same time For then it was the Order came up of Preaching Friars that wandred up and down with power to preach in what Congregation they pleased and were sure enough to instil into the People nothing that might lessen the Obedience to the Church of Rome but on the contrary whatsoever might give advantage to it against the Civil Power Besides they privately insinuated themselves with Women and Men of weak Judgment confirming their adherence to the Pope and urging them in the time of their sickness to be beneficial to it by contribution of Money or building Religious Houses or Pious Works and necessary for the remission of their sins B. I do not remember that I have read of any Kingdom or State in the World where liberty was given to any private Man to call the People together and make Orations frequently to them or at all without first making the State acquainted except only in Christendome I believe the Heathen Kings foresaw that a few such Orators would be able to make a great Sedition Moses did indeed command to read the Scriptures and expound them in the Synagogues every Sabbath-day but the Scriptures then were nothing else but the Laws of the Nation delivered unto them by Moses himself and I believe it would do no hurt if the Laws of England also were often read and expounded in the several Congregations of English-men at times appointed that they may know what to do for they know already what to believe A. I think that neither the preaching of Friers nor Monks nor of Parochial Priests tended to teach Men what but whom to believe for the Power of the Mighty hath no foundation but in the opinion and belief of the People and the end which the Pope had in multiplying Sermons was no other but to prop and enlarge his own Authority over all Christian Kings and States Within the same time that is between the time of the Emperor Charles the Great and of King Edward the third of England began their second Politie which was to bring Religion into an Art and thereby to maintain all the Decrees of the Roman Church by disputation not only from the Scriptures but also from the Philosophy of Aristotle both Moral and Natural and to that end the Pope exhorted the said Emperor by Letter to erect Schools of all kinds of Literature and from thence began the Institution of Universities for not long after the Universities began in Paris and in Oxford It is true that there were Schools in England before that time in several places for the instruction of Children in the Latin Tongue that is to say in the Tongue of the Church but for an University of
the contrary Was it not the Protector that made the Parliament Why did they not acknowledge their Maker A. I believe it is the desire of most men to bear Rule but few of them know what Title one has to it more than another besides the Right of the Sword B. If they acknowledged the Right of the Sword they were neither just nor wise to oppose the present Government set up and approved by all the Forces of the three Kingdoms The Principles of this House of Commons were no doubt the very same with theirs who began the Rebellion and would if they could have raised a sufficient Army have done the same against the Protector and the General of their Army would in like manner have reduced them to a Rump for they that keep an Army and cannot master it must be subject to it as much as he that keeps a Lion in his House The temper of all the Parliaments since the time of Queen Elizabeth has been the same with the temper of this Parliament and shall always be such as long as the Presbyterians and men of Democratical Principles have the like Influence upon the Elections A. After they resolv'd concerning the other House that during this Parliament they would transact with it but without intrenching upon the Right of the Peers to have Writs sent to them in all future Parliaments These Votes being passed they proceed to another wherein they assume to themselves the Power of the Militia Also to shew their Supream Power they deliver'd out of prison some of those that had been they said illegally committed by the former Protector Other Points concerning Civil Rights and concerning Religion very pleasing to the People were now also under their Consideration So that in the end of this year the Protector was no less jealous of the Parliament than of the Councel of Officers at Wallingford-house B. Thus 't is when ignorant men will undertake Reformation Here are three Parties the Protector the Parliament and the Army The Protector against Parliament and Army the Parliament against Army and Protector and the Army against Protector and Parliament A. In the beginning of 1659. the Parliament passed divers other Acts one was to forbid the Meetings in Councel of the Army-Officers without order from the Protector and both Houses Another That no man shall have any Command or Trust in the Army who did not first under his hand engage himself never to interrupt any of the Members but that they might freely meet and debate in the House And to please the Soldiers they voted to take presently into their Consideration the means of paying them their Arrears But whilst they were considering this the Protector according to the first of those Acts forbad the meeting of Officers at Wallingford-house This made the Government which by the disagreement of the Protector and Army was already loose to fall in pieces For the Officers from Wallingford-house with Soldiers enough came over to White-hall and brought with them a Commission ready drawn giving power to Desborough to dissolve the Parliament for the Protector to sign which also his Heart and his Party sailing him he signed The Parliament nevertheless continued sitting but at the end of the Week the House adjourned till the Monday after being April the 25 th At their coming on Monday morning they found the door of the House shut up and the passages to it filled with Soldiers who plainly told them they must sit no longer Richard's Authority and business in Town being thus at an end he retir'd into the Country where within a few days upon promise of the payment of his Debts which his Father's Funeral had made great he signed a Resignation of his Protectorship B. To whom A. To no body But after ten days Cessation of the Sovereign Power some of the Rumpers that were in Town together with the old Speaker Mr. William Lenthal resolv'd amongst themselves and with Lambert Heslerig and other Officers who were also Rumpers in all 42 to go into the House which they did and were by the Army declared to be the Parliament There were also in Westminster-hall at that time about their private business some few of those whom the Army had secluded in 1648. and were called the Secluded Members These knowing themselves to have been elected by the same Authority and to have the same Right to sit attempted to get into the House but were kept out by the Soldiers The first Vote of the Rump re-seated was That such persons as heretofore Members of this Parliament have not sitten in this Parliament since the year 1648. shall not sit in this House till farther order of the Parliament and thus the Rump recovered their Authority May the seventh 1659. which they lost in April 1653. B. Seeing there have been so many Shiftings of the Supream Authority I pray you for memories sake repeat them briefly in times and order A. First from 1640. to 1648. when the King was murdered the Sovereignty was disputed between King Charles the first and the Presbyterian-Parliament Secondly from 1648. to 1653. the Power was in that part of the Parliament which voted the Tryal of the King and declar'd themselves without King or House of Lords to have the Supream Authority of England and Ireland For there were in the Long Parliament two Factions the Presbyterian and Independent the former whereof sought only the subjection of the King not his destruction directly the latter sought directly his destruction and this part is it which was called the Rump Thirdly from April the 20 th to July the fourth the Supream Power was in the hands of a Councel of State constituted by Cromwel Fourthly from July the 4 th to December the 12 th of the same year it was in the hands of men called unto it by Cromwel whom he termed Men of Fidelity and Integrity and made them a Parliament which was called in contempt of one of the Members Barebone's Parliament Fifthly from December the 12 th 1653. to September the third 1658. it was in the hands of Oliver Cromwel with the Title of Protector Sixthly from September the third 1658. to April the 25 th 1659. Richard Cromwel had it as Successor to his Father Seventhly from April the 25 th 1659. to May the seventh of the same year it was no where Eighthly from May the seventh 1659. the Rump which was turned out of doors in 1653. recover'd it again and shall lose it again to a Committee of Safety and again recover it and again lose it to the Right Owner B. By whom and by what Art came the Rump to be turned out the second time A. One would think them safe enough the Army in Scotland which when it was in London had helped Oliver to put down the Rump submitted now begg'd pardon and promised obedience The Soldiers in Town had their pay mended and the Commanders every where took the old Engagement whereby they had acknowledged their Authority heretofore They
General Councils the Power of the Roman Church grew up a pace and either by the negligence or weakness of the succeeding Emperors the Pope did what he pleased in Religion There was no Doctrine which tended to the Power Ecclesiastical or to the Reverence of the Clergy the contradiction whereof was not by one Council or another made Heresie and punished arbitrarily by the Emperors with Banishment or Death And at last Kings themselves and Commonwealths unless they purged their Dominions of Hereticks were Excommunicated Interdicted and their Subjects let loose upon them by the Pope insomuch as to an ingenuous and serious Christian there was nothing so dangerous as to enquire concerning his own Salvation of the Holy Scripture the careless cold Christian was safe and the skilful Hypocrite a Saint But this is a Story so well known as I need not insist upon it any longer but proceed to the Hereticks here in England and what Punishments were ordained for them by Acts of Parliament All this while the Penal Laws against Hereticks were such as the several Princes and States in their own Dominions thought fit to enact The Edicts of the Emperors made their Punishments Capital but for the manner of the Execution left it to the Prefects of Provinces And when other Kings and States intended according to the Laws of the Roman Church to extirpate Hereticks they ordained such Punishment as they pleased The first Law that was here made for the punishments of Hereticks called Lollards and mentioned in the Statutes was in the fifth year of the Reign of Richard the Second occasioned by the Doctrine of John Wickliff and his Followers which Wickliff because no Law was yet ordained for his punishment in Parliament by the favour of John of Gaunt the King's Son during the Reign of Edward the third had escaped But in the fifth year of the next King which was Richard the Second there passed an Act of Parliament to this effect That Sheriffs and some others should have Commissions to apprehend such as were certified by the Prelates to be Preachers of Heresie their Fautors Maintainers and Abettors and to hold them in strong Prison till they should justifie themselves according to the Law of Holy Church So that hitherto there was no Law in England by which a Heretick could be put to Death or otherways punished than by imprisoning him till he was reconciled to the Church After this in the next King's Reign which was Henry the Fourth Son of John of Gaunt by whom Wickliffe had been favoured and who in his aspiring to the Crown had needed the good Will of the Bishops was made a Law in the second Year of his Reign wherein it was Enacted That every Ordinary may convene before him and imprison any person suspected of Heresie and that an obstinate Heretick shall be burnt before the People In the next King's Reign which was Henry the Fifth in his Second year was made an Act of Parliament wherein it is declared that the intent of Hereticks called Lollards was to subvert the Christian Faith the Law of God the Church and the Realm And that an Heretick convict should forfeit all his Fee-simple Lands Goods and Chattels besides the Punishment of Burning Again in the Five and Twentieth year of King Henry the Eighth it was Enacted That an Heretick convict shall abjure his Heresies and refusing so to do or relapsing shall be burnt in open place for example of others This Act was made after the putting down of the Pope's Authority And by this it appears that King Henry the Eighth intended no farther alteration in Religion than the recovering of his own Right Ecclesiastical But in the first year of his Son King Edward the sixth was made an Act by which were repealed not only this Act but also all former Acts concerning Doctrines or matters of Religion So that at this time there was no Law at all for the punishment of Hereticks Again in the Parliament of the first and second year of Queen Mary this Act of 1 Ed. 6. was not repealed but made useless by reviving the Statute of 25 Hen. 8. and freely put it in execution insomuch as it was Debated Whether or no they should proceed upon that Statute against the Lady Elizabeth the Queens Sister The Lady Elizabeth not long after by the Death of Queen Mary coming to the Crown in the fifth year of her Reign by Act of Parliament repealed in the first place all the Laws Ecclesiastical of Queen Mary with all other former Laws concerning the punishments of Hereticks nor did she enact any other punishments in their place In the second place it was Enacted That the Queen by her Letters Patents should give a Commission to the Bishops with certain other persons in her Majesties Name to execute the Power Ecclesiastical in which Commission the Commissioners were forbidden to adjudge any thing to be Heresie which was not declared to be Heresie by some of the first four General Councels But there was no mention made of General Councels but only in that branch of the Act which Authorised that Commission commonly called The High Commission nor was there in that Commission any thing concerning how Hereticks were to be punished but it was granted to them that they might declare or not declare as they pleased to be Heresie or not Heresie any of those Doctrines which had been Condemned for Heresie in the first four General Councels So that during the time that the said High Commission was in being there was no Statute by which a Heretick could be punished otherways than by the ordinary Censures of the Church nor Doctrine accounted Heresie unless the Commissioners had actually declared and published That all that which was made Heresie by those Four Councels should be Heresie also now But I never heard that any such Declaration was made either by Proclamation or by Recording it in Churches or by publick Printing as in penal Laws is necessary the breaches of it are excused by ignorance Besides if Heresie had been made Capital or otherwise civilly punishable either the Four General Councels themselves or at least the Points condemned in them ought to have been Printed or put into Parish Churches in English because without it no man could know how to beware of offending against them Some men may perhaps ask whether no body were Condemned and Burnt for Heresie during the time of the High Commission I have heard there were But they which approve such executions may peradventure know better grounds for them than I do but those grounds are very well worthy to be enquired after Lastly in the seventeenth year of the Reign of King Charles the First shortly after that the Scots had Rebelliously put down the Episcopal Government in Scotland the Presbyterians of England endeavoured the same here The King though he saw the Rebels ready to take the Field would not condescend to that but yet in hope to appease them was content to pass an