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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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forth they were erecting that High Court of Justice which took away the Lives of Duke Hamilton the Earl of Holland and the Lord Capel Whatsoever they meant by a fundamental Law the erecting of this Court was a breach of it as being warranted by no former Law or Example in England At the same time also they Levied Taxes by Soldiers and to Soldiers permitted Free quarter and did many other Actions which if the King had done they would have said had been done against the Liberty and Propriety of the Subject B. What silly things are the common sort of people to be cozened as they were so grosly A. What sort of people as to this matter are not of the common sort The craftiest Knaves of all the Rump were no wiser than the rest whom they cozened for the most of them did believe that the same things which they imposed upon the generality were just and reasonable and especially the great Haranguers and such as pretended to Learning for who can be a good Subject in a Monarchy whose Principles are taken from the Enemies of Monarchy such as were Cicero Seneca Cato and other Politicians of Rome and Aristotle of Athens who seldom spake of Kings but as of Wolves and other ravenous Beasts You may perhaps think a man has need of nothing else to know the Duty he owes to his Governour and what Right he has to order him but a good Natural Wit but it is otherwise for it is a Science and built upon sure and clear Principles and to be learned by deep and careful study or from Masters that have deeply studied it and who was there in the Parliament or in the Nation that could find out those evident Principles and derive from them the necessary Rules of Justice and the necessary Connexion of Justice and Peace The People have one day in seven the leisure to hear Instruction and there are Ministers appointed to teach them their Duty but how have those Ministers performed their Office A great part of them namely the Presbyterian Ministers throughout the whole War instigated the People against the King so did also Independents and other Fanatick Ministers The rest contented with their Livings preached in their Parishes Points of Controversie to Religion impertinent but to the breach of Charity among them selves very effectual or else eloquent things which the People either understood not or thought themselves not concerned in But this sort of Preachers as they did little good so they did little hurt The mischief proceeded wholly from the Presbyterian Preachers who by a long practiced Histrionique faculty preached up the Rebellion powerfully B. To what end A. To the end that the State becoming popular the Church might be so too and governed by an Assembly and by consequence as they thought seeing Politicks are subservient to Religion they might govern and thereby satisfie not only their covetous humour with Riches but also their malice with power to undo all men that admir'd not their wisdom Your calling the People silly things obliged me by this Digression to shew you that it is not want of Wit but want of the Science of Justice that brought them into these troubles Perswade if you can that man that has made his fortune or made it greater or an Eloquent Orator or a Ravishing Poet or a subtil Lawyer or but a good Hunter or a cunning Gamester that he has not a good Wit and yet there were of all these a great many so silly as to be deceiv'd by the Rump and Members of the same Rump They wanted not Wit but the knowledge of the Causes and Grounds upon which one Person has a Right to govern and the rest an Obligation to obey which Grounds are necessary to be taught the People who without them cannot live long in peace amongst themselves B. Let us return if you please to the Proceedings of the Rump A. In the rest of this year they voted a new Stamp for the Coyn of this Nation They considered also of Agents to be sent to Forreign States and having lately receiv'd applause from the Army for their work done by the High Court of Justice and encouragement to extend the same farther they perfected the said High Court of Justice in which were tryed Duke Hamilton the Earl of Holland Lord Capel the Earl of Norwich and Sir John Owen whereof as I mentioned before the three first were beheaded This affrighted divers of the King's Party out of the Land for not only they but all that had born Arms for the King were at that time in very great danger of their Lives For it was put to the question by the Army at a Councel of War whether they should be all Massacred or no where the Noes carried it but by two Voices Lastly March the 24 th they put the Major of London out of his Office fined him 2000 l. disfranchised him and condemned him to two months Imprisonment in the Tower for refusing to proclaim the Act for abolishing the Kingly Power And thus ended the year 1648. and the Monthly Fast God having granted that which they fasted for the Death of the King and the Possession of his Inheritance By these their Proceedings they had already lost the Hearts of the generality of the People and had nothing to trust to but the Army which was not in their power but in Cromwel's who never failed when there was occasion to put them upon all Exploits that might make them odious to the people in order to his future dissolving them whensoever it should conduce to his ends In the beginning of 1649. the Scots discontented with the Proceedings of the Rump against the late King began to Levy Soldiers in order to a new Invasion of England The Irish Rebels for want of timely resistance from England were grown terrible and the English Army at home infected by the Adjutators were casting how to share the Land amongst the Godly meaning themselves and such others as they pleased who were therefore called Levellers Also the Rump for the present were not very well provided of Money and therefore the first thing they did was the laying of a Tax upon the People of 90000 l. a month for the maintenance of the Army B. Was it not one of their quarrels with the King That he had Levied Money without the consent of the People in Parliament A. You may see by this what reason the Rump had to call it self a Parliament for the Taxes imposed by Parliament were always understood to be by the Peoples consent and consequently Legal To appease the Scots they sent Messengers with flattering Letters to keep them from engaging for the present King but in vain for they would hear nothing from a House of Commons as they called it at Westminster without a King and Lords But they sent Commissioners to the King to let him know what they were doing for him for they were resolv'd to raise an Army of 17000 Foot and
commend either the Divinity or the Philosophy of those Heathen People but to shew only what the reputation of those Sciences can effect among the People For their Divinity was nothing but Idolatry and their Philosophy excepting the knowledge which the Aegyptian Priests and from them the Chaldaeans had gotten by long observation and study in Astronomy Geometry and Arithmetick very little and that in great part abused in Astrology and Fortune-telling Whereas the Divinity of the Clergy in this Nation considered apart from the mixture that has been introduced by the Church of Rome and in part retained here of the babling Philosophy of Aristotle and other Greeks that has no affinity with Religion and serves only to breed disaffection dissention and finally Sedition and Civil War as we have lately found by dear experience in the differences between the Presbyterians and Episcopals is the true Religion but for these differences both Parties as they came in power not only suppressed the Tenets of one another but also whatsoever Doctrine look'd with an ill aspect upon their Interest and consequently all true Philosophy especially Civil and Moral which can never appear propitious to ambition or to an exemption from their obedience due to the Sovereign Power After the King had accused the Lord Kimbolton a Member of the Lords House and Hollis Haslerigg Hampden Pim and Stroud five Members of the Lower House of High Treason and after the Parliament had voted out the Bishops from the House of Peers they pursued especially two things in their Petitions to his Majesty The one was That the King would declare who were the persons that advised him to go as he did to the Parliament House to apprehend them and that he would leave them to the Parliament to receive condign punishment and this they did to stick upon his Majesty the dishonour of deserting his Friends and betraying them to his Enemies The other was That he would allow them a Guard out of the City of London to be commanded by the Earl of Essex for which they pretended they could not else sit in safety which pretence was nothing but an upbraiding of his Majesty for coming to Parliament better accompanied than ordinary to seize the said five seditious Members B. I see no reason in petitioning for a Guard they should determine it to the City of London in particular and the Command by name to the Earl of Essex unless they meant the King should understand it for a Guard against himself A. Their meaning was that the King should understand it so and as I verily believe they meant he should take it for an affront and the King himself understanding it so denied to grant it though he were willing if they could not otherwise be satisfied to Command such a Guard to wait upon them as he would be responsible for to God Almighty Besides this the City of London petitioned the King put upon it no doubt by some Members of the Lower House to put the Tower of London into the Hands of persons of Trust meaning such as the Parliament should approve of and to appoint a Guard for the safety of his Majesty and the Parliament This Method of bringing Petitions in a Tumultuary manner by great multitudes of clamorous people was ordinary with the House of Commons whose Ambition could never have been served by way of prayer and request without extraordinary terror After the King had waved the prosecution of the five Members but denied to make known who had advised him to come in person to the House of Commons they question'd the Attorney-General who by the King's Command had exhibited the Articles against them and voted him a breaker of the Priviledge of Parliament and no doubt had made him feel their cruelty if he had not speedily fled the Land About the end of January they made an Order of both Houses of Parliament to prevent the going over of Popish Commanders into Ireland not so much fearing that as that by this the King himself choosing his Commanders for that Service might aid himself out of Ireland against the Parliament But this was no great matter in respect of a Petition they sent his Majesty about the same time that is to say about the 27 th or 28 th of January 1641. wherein they desir'd in effect the absolute Sovereignty of England though by the name of Sovereignty they challenged it not whilst the King was living For to the end that the fears and dangers of this Kingdom might be remov'd and the mischievous designs of those who are Enemies to the peace of it might be prevented they pray That his Majesty would be pleased to put forthwith first The Tower of London 2. All other Forts 3. The whole Militia of the Kingdom into the Hands of such persons as should be recommended to him by both the Houses of Parliament And this they stile a necessary Petition B. Were there really any such fears and dangers generally conceiv'd here or did there appear any Enemies at that time with such Designs as are mentioned in the Petition A. Yes But no other fear of danger but such as any discreet and honest man might justly have of the Designs of the Parliament it self who were the greatest Enemies to the peace of the Kingdom that could possibly be 'T is also worth observing that this Petition began with these words Most Gratious Sovereign So stupid they were as not to know that he that is Master of the Militia is Master of the Kingdom and consequently is in possession of a most absolute Sovereignty The King was now at Windsor to avoid the Tumults of the Common People before the Gates of White-hall together with their clamors and affronts there The 9 th of February after he came to Hampton-Court and thence he went to Dover with the Queen and the Princess of Orange his Daughter where the Queen with the Princess of Orange embarqued for Holland but the King returned to Greenwich whence he sent for the Prince of Wales and the Duke of York and so went with them towards York B. Did the Lords joyn with the Commons in this Petition for the Militia A. It appears so by the Title but I believe they durst not but do it The House of Commons took them but for a Cypher Men of Title only without real Power Perhaps also the most of them thought that the taking of the Militia from the King would be an addition to their own power but they were very much mistaken for the House of Commons never intended they should be sharers in it B. What answer made the King to this Petition A. That when he shall know the extent of Power which is intended to be established in those persons whom they desire to be the Commanders of the Militia in the several Counties and likewise to what time it shall be limited That no Power shall be executed by his Majesty alone without the advice of Parliament then he will declare that
for the securing them from all Dangers or Jealousies of any his Majesty will be content to put into all the places both Forts and Militia in the several Counties such persons as both the Houses of Parliament shall either approve or recommend unto him so that they declare before unto his Majesty the Names of the persons whom they approve or recommend unless such persons shall be named against whom he shall have just and unquestionable exceptions B. What power for what time and to whom did the Parliament grant concerning the Militia A. The same power which the King had before planted in his Lieutenants and Deputy-Lieutenants in the several Counties and without other limitation of time but their own pleasure B. Who were the men that had this power A. There is a Catalogue of them printed They are very many and most of them Lords nor is it necessary to have them named for to name them is in my opinion to brand them with the mark of Disloyalty or of Folly When they had made a Catalogue of them they sent it to the King with a new Petition for the Militia Also presently after they sent a Message to his Majesty praying him to leave the Prince at Hampton Court but the King granted neither B. Howsoever it was well done of them to get Hostages if they could of the King before he went from them A. In the mean time to raise Money for the reducing of Ireland the Parliament invited men to bring in Money by way of Adventure according to these Propositions 1. That two millions and five hundred thousand Acres of Land in Ireland should be assigned to the Adventurers in this proportion   l.   For an Adventure of 200 1000 Acres in Vlster 300 1000 Acres in Conaught 450 1000 Acres in Munster 600 1000 Acres in Lemster All according to English measure and consisting of Meadow Arable and profitable Pasture Bogs Woods and barren Mountains being cast in over and above 2. A Revenue was reserved to the Crown from 1 d. to 3 d. on every Acre 3. That Commissions should be sent by the Parliament to erect Mannors settle Wasts and Commons maintain preaching Ministers to create Corporations and to regulate Plantations The rest of the Propositions concern only the times and manner of payment of the Sums subscribed by the Adventurers And to these Propositions his Majesty assented but to the Petition of the Militia his Majesty denied his Assent B. If he had not I should have thought it a great wonder What did the Parliament after this A. They sent him another Petition which was presented to him when he was at Theobalds in his way to York wherein they tell him plainly That unless he be pleased to assure them by those Messengers then sent that he would speedily apply his Royal Assent to the satisfaction of their former desires they shall be enforced for the safety of his Majesty and his Kingdoms to dispose of the Militia by the Authority of both Houses c. They petition his Majesty also to let the Prince stay at St. James's or some other of his Majesties Houses near London They tell him also that the power of raising ordering and disposing of the Militia cannot be granted to any Corporation without the Authority and Consent of Parliament and that those parts of the Kingdom which have put themselves into a posture of defence have done nothing therein but by direction of both Houses and what is justifiable by the Laws of this Kingdom B. What answer made the King to this A. It was a putting of themselves into Arms and under Officers such as the Parliament should approve of 4. They Voted That his Majesty should be again desired that the Prince might continue about London Lastly They Voted a Declaration to be sent to his Majesty by both the Houses wherein they accuse his Majesty of a Design of altering Religion though not directly him but them that counsel'd him whom they also accused of being the Inviters and Fomenters of the Scotch War and Framers of the Rebellion in Ireland and upbraid the King again for accusing the Lord Kimbolton and the five Members and of being privy to the purpose of bringing up his Army which was raised against the Scots to be employed against the Parliament To which his Majesty sent his Answer from Newmarket Whereupon it was resolved by both Houses that in this Case of extream Danger and of his Majesties refusal the Ordinance agreed upon by both Houses for the Militia doth oblige the People by the fundamental Laws of this Kingdom and also that whosoever shall execute any power over the Militia by colour of any Commission of Lieutenancy without consent of both Houses of Parliament shall be accounted a Disturber of the peace of the Kingdom Whereupon his Majesty sent a Message to both Houses from Huntington requiring obedience to the Laws established and prohibiting all Subjects upon pretence of their Ordinance to execute any thing concerning the Militia which is not by those Laws warranted Upon this the Parliament vote a standing to their former Votes as also that when the Lords and Commons in Parliament which is the Supream Court of Judicature in the Kingdom shall declare what the Law of the Land is to have this not only question'd but contradicted is a high breach of the Priviledge of Parliament B. I thought that he that makes the Law ought to declare what the Law is for what is it else to make a Law but to declare what it is So that they have taken from the King not only the Militia but also the Legislative Power A. They have so but I make account that the Legislative Power and indeed all power possible is contained in the power of the Militia After this they seize such Money as was due to his Majesty upon the Bill of Tonnage and Poundage and upon the Bill of Subsidies that they might disable him every way they possibly could They sent him also many other contumelious Messages and Petitions after his coming to York amongst which one was That whereas the Lord Admiral by indisposition of Body could not command the Fleet in person he would be pleased to give Authority to the Earl of Warwick to supply his place when they knew the King had put Sir John Pennington in it before B. To what end did the King entertain so many Petitions Messages Declarations and Remonstrances and vouchsafe his Answers to them when he could not choose but clearly see they were resolv'd to take from him his Royal Power and consequently his Life For it could not stand with their safety to let either him or his Issue live after they had done him so great Injuries A. Besides this the Parliament had at the same time a Committee residing at York to spy what his Majesty did and to inform the Parliament thereof and also to hinder the King from gaining the People of that County to his Party So that when his Majesty