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england_n	henry_n	king_n	son_n	33,152	5	6.0091	4	true

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
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

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

Learning there was none erected till that time thoogh it be not unlikely there might be then some that taught Philosophy Logick and other Arts in divers Monasteries the Monks having little else to do but to study After some Colledges were built to that purpose it was not long time before many more were added to them by the devotion of Princes and Bishops and other wealthy Men and the Discipline therein was confirmed by the Popes that then were and abundance of Scholars sent thither by their Friends to study as to a place from whence the way was open and easie to Preferment both in Church and Common-wealth The profit the Church of Rome expected from them and in effect receiv'd was the maintenance of the Popes Doctrine and of his Authority over Kings and their Subjects by School-Divines who striving to make good many Points of Faith incomprehensible and calling in the Philosophy of Aristotle to their assistance wrote great Books of School-Divinity which no man else nor they themselves were able to understand as any man may perceive that shall consider the Writings of Peter Lombard or Scotus or of him that wrote Commentaries upon him or of Suarez or any other School-Divine of later times which kind of Learning nevertheless hath been much admir'd by two sorts of Men otherwise prudent enough the one of which sorts were of those that were already devoted and really affectionate to the Roman Church for they believed the Doctrine before but admir'd the Arguments because they understood them not and yet found the Conclusions to their mind The other sort were negligent Men that had rather admire with others than take the pains to examine So that all sorts of People were fully resolv'd that both the Doctrine was true and the Pope's Authority no more than what was due to him B. I see that a Christian King or State how well soever provided he be of Money and Arms where the Church of Rome hath such Authority will have but a hard match of it for want of Men for their Subjects will hardly be drawn into the Field and fight with courage against their Consciences A. It is true that great Rebellions have been raised by Church-men in the Popes quarrel against Kings as in England against King John and in France against King Henry the 4 th wherein the Kings had a more considerable part on their sides than the Pope had on his and shall always have so if they have Money for there are but few whose Consciences are so tender as to refuse Money when they want it But the great mischief done to Kings upon pretence of Religion is when the Pope gives power to one King to invade another B. I wonder how King Henry the 8 th could then so utterly extinguish the Authority of the Pope in England and that without any Rebellion at home or any Invasion from abroad A. First the Priests Monks and Friars being in the heighth of their power were now for the most part grown insolent and licentious and thereby the force of their Arguments was now taken away by the scandal of their Lives which the Gentry and Men of good Education easily perceived and the Parliament consisting of such persons were therefore willing to take away their Power and generally the Common People which from a long Custom had been in love with Parliaments were not displeased therewith Secondly the Doctrine of Luther beginning a little before was now by a great many men of the greatest Judgments so well received as that there was no hope to restore the Pope to his Power by Rebellion Thirdly the Revenue of Abbies and all other Religious Houses falling hereby into the Kings Hands and by him being disposed of to the most Eminent Gentlemen in every County could not but make them do their best to confirm themselves in the possession of them Fourthly King Henry was of a Nature quick and severe in the punishing of such as should be the first to oppose his Designs Lastly as to Invasion from abroad in case the Pope had given the Kingdom to another Prince it had been in vain for England is another manner of Kingdom than Navarre Besides the French and Spanish Forces were employed at that time one against another and though they had been at leisure they would have found perhaps no better success than the Spaniards found afterwards in 1588. Nevertheless notwithstanding the Insolence Avarice and Hypocrisie of the then Clergy and notwithstanding the Doctrine of Luther if the Pope had not provoked the King by endeavouring to cross his Marriage with his second Wife his Authority might have remained in England till there had risen some other quarrel B. Did not the Bishops that then were and had taken an Oath wherein was amongst other things that they should defend and maintain the Regal Rights of St. Peter the words are Regalia Sancti Petri which nevertheless some have said are Regulas Sancti Petri that is to say St. Peter's Rules or Doctrine and that the Clergy afterward did read it being perhaps written in Short-hand by a mistake to the Pope's advantage Regalia Did not I say the Bishops oppose that Act of Parliament against the Pope and against the taking of the Oath of Supremacy A. No I do not find the Bishops did many of them oppose the King for having no power without him it had been great imprudence to provoke his anger There was besides a Controversie in those times between the Pope and the Bishops most of which did maintain that they exercised their Jurisdiction Episcopal in the Right of God as immediately as the Pope himself did exercise the same over the whole Church And because they saw that by this Act of the King in Parliament they were to hold their Power no more of the Pope and never thought of holding it of the King they were perhaps better content to let that Act of Parliament pass In the Reign of King Edward the 6 th the Doctrine of Luther had taken so great root in England that they threw out also a great many of the Popes new Articles of Faith which Queen Mary succeeding him restored again together with all that had been abolished by Henry the 8 th saving that which could not be restored the Religious Houses and the Bishops and Clergy of King Edward were partly burnt for Hereticks partly fled and partly recanted and they that fled betook themselves to those places beyond Sea where the Reformed Religion was either protected or not persecuted who after the decease of Queen Mary returned again to favour and preferment under Queen Elizabeth that restored the Religion of her Brother King Edward And so it hath continued till this day excepting the Interruption made in this late Rebellion of the Presbyterians and other Democratical Men. But though the Romish Religion were now cast out by the Law yet there were abundance of people and many of them of the Nobility that still retained the Religion of

also receiv'd their Commissions in the House it self from the Speaker who was Generalissimo Fleetwood was made Lieutenant General with such and so many Limitations as were thought necessary by the Rump that remembred how they had been served by the General Oliver Also Henry Cromwel Lord-Lieutenant of Ireland having resigned his Commission by Command returned into England But Lambert to whom as was said Oliver had promised the Succession and as well as the Rump knew the way to the Protectorship by Oliver's own foot-steps was resolv'd to proceed in it upon the first opportunity which presented it self presently after Besides some Plots of Royalists whom after the old fashion they again persecuted there was an Insurrection made against them by Presbyterians in Cheshire headed by Sir George Booth one of the Secluded Members they were in number about 3000 and their pretence was for a Free Parliament there was a great talk of another Rising or endeavour to rise in Devonshire and Cornwal at the same time To suppress Sir George Booth the Rump sent down more than a sufficient Army under Lambert which quickly defeated the Cheshire Party and recovered Chester Leverpool and all the other places they had seized Divers also of their Commanders in and after the Battle were taken Prisoners whereof Sir George Booth himself was one This Exploit done Lambert before his return Caressed his Soldiers with an Entertainment at his own House in York-shire and got their consent to a Petition to be made to the House that a General might be set up in the Army as being unfit that the Army should be judged by any power extrinsick to it self B. I do not see that unfitness A. Nor I. But it was as I have heard an Axiom of Sir Henry Vane's but it so much displeased the Rump that they voted That the having of more Generals in the Army than were already setled was unnecessary burthensome and dangerous to the Common wealth B. This was not Oliver's method for though this Cheshire-Victory had been as glorious as that of Oliver at Dunbar yet it was not the Victory that made Oliver General but the Resignation of Fairfax and the profer of it to Cromwel by the Parliament A. But Lambert thought so well of himself as to expect it therefore at his return to London he and other Officers Assembling at Wallingford-house drew their Petition into form and call'd it a Representation wherein the Chief Point was to have a General but many other of less Importance were added and this they represented to the House October the fourth by Major-General Desborough and this so far forth awed them as to teach them so much good manners as to promise to take it presently into debate Which they did and October the 12 th having recovered their Spirits voted That the Commissions of Lambert Desborough and others of the Councel at Wallingford-house should be void Item That the Army should be govern'd by a Commission to Fleetwood Monk Haslerig Walton Morley and Overton till February the 12 th following And to make this good against the force they expected from Lambert they ordered Haslerig and Morley to issue Warrants to such Officers as they could trust to bring their Soldiers next morning into Westminster which was done somewhat too late for Lambert had first brought his Soldiers thither and beset the House and turned back the Speaker which was then coming to it but Haslerig's Forces marching about St. James's Park-wall came into St. Margaret's Church-yard and so both Parties looked all day one upon another like Enemies but offered not to fight whereby the Rump was put out of possession of the House and the Officers continued their Meeting as before at Wallingford-house There they chose from among themselves with some few of the City a Committee which they called the Committee of Safety whereof the Chief were Lambert and Vane who with the advice of a General Councel of Officers had power to call Delinquents to Trial. To suppress Rebellions To treat with Forreign States c. You see now the Rump cut off and the Supream Power which is charged with Salus Populi transfer'd to a Councel of Officers And yet Lambert hopes for it in the end But one of their Limitations was That they should within six weeks present to the Army a new Model of the Government if they had done so do you think they would have prefer'd Lambert or any other to the Supream Authority therein rather than themselves B. I think not When the Rump had put into Commission amongst a few others for the Government of the Army that is to say for the Government of the three Nations General Monk already Commander in Chief of the Army in Scotland and that had done much greater things in this War than Lambert how durst they leave him out of this Committee of Safety Or how could Lambert think that General Monk would forgive it and not endeavour to fasten the Rump again A. They thought not of him his Gallantry had been shewn on remote Stages Ireland and Scotland His Ambition had not appear'd here in their Contentions for the Government but he had complied both with Richard and the Rump After General Monk had signified by Letter his dislike of the Proceedings of Lambert and his Fellows they were much surpriz'd and began to think him more considerable than they had done but it was too late B. Why His Army was too small for so great an Enterprize A. The General knew very well his own and their Forces both what they were then and how they might be augmented and what generally City and Country wished for which was the Restitution of the King which to bring about there needed no more but to come with his Army though not very great to London To the doing whereof there was no obstacle but the Army with Lambert What could he do in this Case If he had declar'd presently for the King or for a Free-Parliament all the Armies in England would have joyned against him and assuming the Title of a Parliament would have furnished themselves with Money General Monk after he had thus quarrelled by his Letter with the Councel-Officers secur'd first those Officers of his own Army which were Anabaptists and therefore not to be trusted and put others into their places then drawing his Forces together marched to Barwick Being there he indicted a Convention of the Scots of whom he desir'd that they would take order for the security of that Nation in his absence and raise some maintenance for his Army in their March The Convention promised for the security of the Nation their best endeavour and raised him a Sum of Money not great but enough for this purpose excusing themselves upon their present wants On the other side the Committee of Safety with the greatest and best part of their Army sent Lambert to oppose him but at the same time by divers Messages and Mediators urged him to a Treaty which he consented

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