An examination of the political part of Mr. Hobbs his Leviathan.: By George Lawson, rector of More in the county of Salop.

CAP. XI. Of the Second Part. The 27. of the Book. Of crimes▪ excuses, and extenuation. (Book 11)

THE Author in this Chapter is methodical, and cannot much be charged with errours or mis∣prisions, as in the former. The proper place for crimes excuses extenuations and aggravations is next to that of Laws. For as the Apostle teacheth us, Where there is no Law, there is no transgression. And herein the Authors of Politicks seem to be de∣fective, because, though they treat of Laws and Ju∣risdiction, yet they say little or nothing of Crimes. Yet the Civilians in this particular have done their part. He doth distinguish betwixt sins and crimes, and his distinction may be allowed, though hardly in Politicks. Yet the word Crime in Learned Authors is not alwaies taken, as here it is, for an offence, as it is an object or matter of Judgement. And sometimes causes judicial are distinguished into civil, criminal, capital. In which distinction criminals are onely one sort of mules. That which we call [Sin] in Divi∣nity is nothing but disobedience to a Law in general, though it be strictly taken for disobedience to divine Law. Disobedience being an anomy, presupposeth a Law, and a Law must have a Soveraign and a Law-giver: and there can be no violation of a Law with∣out wrong unto the Law-giver: And those offences are most hainous, which directly oppose and wrong

the power of the Soveraign lawfully constituted, be∣cause the tend to the rasing of the very foundati∣on and constitution of the Government it self. Such are, denying of the supreme power, resisting it, and revolting from it, so as to be Soveraigns our selves, or independent, or subject to another. The first law God gave was for to secure his Soveraignty, Thou shalt have no other Gods but me; as the Septuagint do well and truly turn it. And this by Philo is said to be the Commandment 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 of the supreme power of one God. All other offences are against the Laws of administration, which though they may be hainous, yet are not so hainous as those former against the institution. These offences of disobedi∣ence may be considered, either with reference to the Laws antecedent, as violated, or to Jurisdiction fol∣lowing, in which sense the Author handles them, and calls them crimes! And these may be reduced unto certain heads, as they have been by Civilians, and also by the Lawyers of particular States; yet this is most exactly done by the Common-Law of Eng∣land, which was entire before the Conquest, and fol∣lowed the order of the ten Commandments of the moral Law of God. Thus some Antiquaries in Law do inform us.

The Author acquits all motions of the soul ante∣cedent to a deliberate consent, resolution, and inten∣tion, from being sins; yet this I cannot do. Its cer∣tain, that to understand, know and remember that which is evil and unjust, cannot be sin, because God doth so: and all this may be done with a detestation of it; yet to like, approve, incline unto, delight in evil thus known and remembered, though we never

yield a deliberate or any formal consent, must needs argue some imperfection, if not corruption in the heart of man, which should never think of evil, but with hatred. The rest of the Chapter is rational, if rightly understood, the greatest part whereof is ta∣ken up in that of aggravations, wherein he hath done better then others, yet he is far short of some who have both more largely, and also accurately handled that point out of Scriptures. Its a common theme of Casuists and Civilians, and might have been much improved. The original of all crimes and offences, are either from the understanding or the will, not the passions, as he affirms. From the understanding, either not apprehending, or not judging aright, from the will averse, or enclined another way by reason of corruption. Ignorance and error are from defect, or negligence, or wilfulness, severally or joyntly. And here its to be observed, That the more of meer will there is in any offence, the more hainous it is. The highest degree of wilfulness is in obstinacy, resisting all means and motives used for to rectifie the heart.