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

CAP. I. Of Mr. Hobbs his Leviathan, concerning the Causes, Generation, and Definition of a Common-wealth.

CIvil Government derives its Being from Heaven: for it is a part of Gods Government over mankind, wherein he useth the Ministery of Angels, and the service of men: yet so, as that he reserves the supreme and universal Power in his own hands, with a liberty to depose the Rulers of the World at will and pleasure, and transfer the Go∣vernment of one Nation to another; to lay the foundation of great Empires, and again to destroy them for their iniquity. To think that the sole or principal Cause of the constitution of a civil State is the consent of men, or that it aims at no further end then peace and plenty, is too mean a conceit of so noble an effect▪ And in this particular I cannot excuse Mr. Hobbs, who in the modelling both of a Civil, and also of an Ecclesiastical Common-wealth, proceeds

upon principles not only weak, but also false and dangerous. And for this reason I undertake him. This should have been done by some wel-skill'd in Political Learning, and not by me who do not pro∣fess, it as being a Divine, and one of the meanest amongst many. And my intention is not to inform my Betters, who know the vanity and absurdity of his discourse, but to undeceive the ignorant Reader, who may too easily be surprized.

• The first Chapter of the second Part, which is the seventeenth of his Book, doth inform us, First, That the end of civil Government, is Secu∣rity.
• Secondly, This Security cannot be had in the State of Nature, because it is the state of War; nor by a weak, nor a great multitude, except united by one perpetual judgement.
• Thirdly, A great multitude are thus united, when they conferr all their power and strength upon one man or assembly of men, that may reduce all their wils by plurality of voices to one will, &c. From whence ariseth a Common-wealth.
• Fourthly, This Common-wealth is defined and distri∣buted.

Against all this, some thing may be excepted. For First, That the State of Nature is the State of War, may be doubted, if not denied; For man is a rational creature, and if he act according to his nature, he must act rationally: and though he may seek to preserve himself, and that sometimes with the dammage or destruction of another, yet he cannot, may not do this unjustly, but according to the Laws of Nature; which are two:

• The First, Love thy neighbour as thy self.
• The Second, Do as thou wouldst be done unto.

These tend directly unto Peace, not unto War, which is unnatural; and they may be kept by multi∣tudes of men not united in a civil State, or under a form of Government. And this is evident from Di∣vine and profane Histories. For Families and Vici∣nities, which had no dependance one upon another, and also States both by confederation, and without any such thing, have lived peaceably together. When the Apostle saith, The Gentiles which have not the Law, by nature do the things conta•••• in the Law, he doth not mean by [Nature] a Common-wealth, or form of Government civil. Its true, the Apostle brings in a Bill of Indictment against all man∣kind, and accuseth them, That their feet are swift to shed blood: Destruction and calamity or misery are in their ways; And the way of peace they have not known, Rom. 3.15, 16, 17. Yet he understands this not of Nature, but the corruption of Nature: and the parties here accused, are not men only as in the state of Na∣ture, but also under a Government, and that not only Civil but Ecclesiastical too: For such the Jews here charged, were. So that all that can be either by him evidently proved, or by others granted, is, That if by Nature, he mean corruption of Nature, and the same not only original and native, but also acquired by perpetual acts, so far as to quench the light of Nature, and suppress the vigour of those Principles which God left as reliques of his image, then his Position may be true, That the state of Na∣ture

is the state of War. Secondly, That by a well-constituted civil Government, to which Nature in∣clines man, the Laws of Nature and Peace may be more easily and better observed.

But I hasten to his Definition of a Common-wealth, and it is thus defined by Mr. Hobbs.

A Common-wealth is a Person, of whose acts a great multitude by mutual Covenant one with another have made themselves every one the Author, to the end he may use the strength and means of them all, as he shall think expedient for their peace and common de∣fence.

G. L.

• 1. This Definition is obscure, and might have been made more plain and easie, and such as we read in other Authors.
• 2. Its imperfect, and only tels us what [pars im∣perans] is, and that most poorly, if not falsly too.
• 3. It may agree unto the Head or Captain of a sedition or rebellion, or a company of Thieves and Robbers by Land, or Pirats by Sea; nay but that he speaks of a society or multitude of men, it exactly agrees unto Belzebub the prince of Devils. In a word, it agrees to any unlawful multitude, united to do mischief; For here is no mention of reason, or justice, or law; Aristotle, and other Authors use to qualifie their Definition of a State, with some such term; For they make it 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, legitimam ordinationem, and do not give up all to the soveraigns judgement, which may be blinded; or

• his will, which may be corrupted; or his power, which may act more like a beast, then like a man.
• 4. A Common-wealth may be defined in another manner, thus; It is a community of men orderly sub∣jected to a supreme power civil, that they may live peaceably in all godliness and honesty.

This Definition, or rather Description is not so accurate, yet it is sufficient to inform the Reader of the nature of civil Government somewhat better then the Author hath done. In it we may con∣sider,

• 1. The community, as the Matter and Subject.
• 2. The supreme Power civil informing this Mat∣ter.
• 3. The orderly Subjection unto it for peace and a good life.

1. The community is the Matter, of which some things may be observed; as

• 1. That the name in Greek is [〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉] in Latine [Civitas] which is not as the Author saith, a Common-wealth in proper sense: for that in Greek is [〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉] in Latine [Respublica.]
• 2. That it is a multitude of reasonable Men, not a Leviathan, which is an ir∣rational Brute. The number of this multitude may be greater or less, and not certainly determi∣nable. For Ragusa a little City, as well as the vast Roman Empire, may be a community to make a per∣fect State.
• 3. This community must be associated and united not only in vicinity of place, which is convenient, but also in some stricter bond, before they can be capable of a supreme Power.
• 4. The Members of this Society are by nature free, and by God, to whom they are subject, left at li∣berty

• to choose what Governours or form of Go∣vernment they please; yet so that they must desire and endeavour the best, and such as shall be most conducing to Peace and Righteousness.
• 5. Some∣times it fals out, and is so ordered by Providence, that a People who have continued for a certain time under a form of Government, return unto their first liberty; yet even then, when God doth offer them an opportunity to establish the best form and consti∣tution, that they are fearfully divided. Some are for the former Government, others idolize some new Idea framed in their own brains.

Others in the mean time get the sword into their hands, and once possessed of Power, are unwilling to part with it. Yet these sometimes are dispossessed again; in the mean time the People like so many waves of the Sea, are tossed this way and that way, by contrary winds, like as in Daniels vision, when he saw the four winds strive upon the great Sea, out of which arose the great Empires of the world, Dan. 7.2, 3, &c. And all this comes to pass through the just Judgement of God, and the wilful folly of men, who are enemies to their own Peace. Lastly, In these many alte∣rations of Governours and forms of Govern∣ment, the Community abides the same, except it be cut off by the sword, as the Amalakites and Ca∣naanites were, or destroyed by some extraordinary Judgement, as Sodom and Gomorrha with fire and brimstone from heaven.

The second part of the Definition is [the Supreme Power] And here we must consider,

• 1. The Nature of Power in general.
• 2. The Nature of supreme Power civil.

• 3. The Original of it.
• 4. The Subject wherein its fixed.

1. Power, in Latine [Potestas] in Greek [〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉] is [Jus imperandi] a quality inherent in a Superi∣our as such, whereby he can effectually com∣mand or bind any person subject, as subject. Imperium or Command is properly an act of a supe∣riour Will, whereby the person subject is bound to obedience or punishment: It presupposeth the Un∣derstanding and practical Judgement, whereby it is directed: and is to no purpose without an executive power and coactive force, sufficient to protect the Subject obeying, and punish him, if he prove diso∣bedient; And because the Judgement may be errone∣ous, and the command unjust, therefore there can be no Jus imperandi, without Divine wisdom to di∣rect the Understanding, and Justice to regulate the Will, which is to direct the coactive force. And though Superiours may in many things abuse their Superiority, yet they do not cease to be Superiours, though as abusing their power, they are not Supe∣riours; because Nulla datur Potestas ad malum; none can have power to bind contrary to Divine Wisdom and Justice.

2. Supreme Power civil, which is in Latine called [Majestas] which is [maxima Potestas in Civitate] may be defined out of Rom. 13.1, 2, 3, 4, 5, &c. and 1 Pet. 2.13. to be a Sword committed by God, unto higher Powers, for to punish the bad, and protect the good. For 1. In all Government civil there must be a sword which is an outward coactive strength and force, and the same sufficient for the end it was ordained and given by God.

How otherwise can there possibly be any sufficient protection or punishment within the precincts of the community and territory. And here two things are to be observed.

• 1. That one and the same Sword must protect from enemies without, and unjust Subjects within. For the Sword of War and Justice are but one Sword.
• 2. That there is a plain difference between Civil and Ecclesiastical Power, between the Sword and the Keyes.

For what is bound by the civil Power on Earth, is bound and made good on earth by an earthly Sword: But what is bound on earth by the Spiritual Power is bound in heaven, and made good, and executed by Jesus Christ, and that by a Spiritual force upon a Di∣vine Promise.

Secondly this Sword must protect the good, and punish the bad; which implies there must be wise and just Laws. 2. There must be just judgement ac∣cording to these Laws. For otherwise there can be no true and certain knowledge of good and bad, for to put a difference between them, that the one may be punished for violation, the other protected for the observation of the Laws. And here again we must note,

• 1. That there is a threefold Power civil, or ra∣ther three degrees of that Power. The first is Legi∣slative. The second Judicial. The third Executive. For Legislation, Judgement, and Execution by the Sword, are the three essential acts of supreme Power civil in the administration of a State.
• 2. That there is no Power to punish the good and protect the bad. For the Sword must execute according to Judgement, and that must pass according to Laws: and both Judge∣ment and Laws must be regulated by Divine Wisdom and Justice.

Thirdly, This Sword must be in the hands and possession of higher or supereminent Governors. For a Title without the possession of a Sword can neither punish nor protect: Therefore in all States of the world, they who have possession of the Sword do rule, let the Title be what it will, neither can it be otherwise. And no Prince can rule, when God hath taken away his Sword.

It hath been declared in some measure:

• 1. What Power in General.
• 2. What Power civil in Parti∣cular is. The third thing concerning this supremacy of Power to be examined, is the original of it.

And the same Text of the Apostle Paul tels us, that it is of God; therefore in the Definition I said, That the Sword was committed by God to higher Powers, who become such by this Commission, when God gives them possession of the Sword. So that the Original of this Power is from God, both in respect of the Power, and the persons possessed of Power. For it is he that gives Understanding, Will and Power suf∣ficient for to govern: he gives Wisdom and Justice: he commands all Societies that have opportunity to set up a wise and just Government for Peace and Godliness. In respect of the persons, he designs them either in an ordinary or extraordinary way; he inclines the hearts of the people to submit and obey: he prevents seditions, rebellions, treasons, and such like acts as tend to confusion and the ruin of Common-wealths, according to that of the Psalmist, Thou hast delivered me from the strivings of the peo∣ple, Psal. 18.43. And it is God that subdueth the people under me, Psal. 47. In this designation, God sometimes useth the consent, tacit or express,

sometimes the force and consent of Man.

Fourthly, The Subject of this Power is either standing, or movable. The standing Subject by Na∣ture is the community, in whom vertually it resides, and is exercised by a general representative upon ex∣traordinary occasions, or at certain determinate times. And this is the best way to preserve liberty, if these general Assemblies be well ordered, and fit persons rightly qualified be chosen. For its dange∣rous to trust either one man, or a number of men with too much power, & the constant exercise of the same. This supreme power reserved to the whole communi∣ty to be exercised as necessity or occasion shall re∣quire, might be called [Realis Majestas] yet every Community is neither so wise nor so happy. For in most States we find only a personal Majesty, or su∣preme Power, and the same sometimes Despotical, and too absolute; yet in other Common-wealths, the supreme Governours are limited, and only trusted with the exercise of the power according to certain Rules and fundamental Laws.

Of this Majesty or supreme Power, civil, some Writers have observed, that it must be not only su∣preme, but also perpetual and above Laws; [soluta Logibus] That it must be supreme, and above all subordinate power within, and independent upon all other soveraigns without its necessary. It must be also perpetual and fixed, that it may be distin∣guished from the extraordinary and temporary pow∣ers trusted in the hands of one or more upon extra∣ordinary occasions. How far it is absolute or above the Laws, I shall examine hereafter.

After the supreme Power civil is determined and

sixed in a certain Subject, Subjection to it follows, which is the third thing in the Definition. Regimen est ordo Imperii & subjectionis. For in all Govern∣ment, some must be above and have power to com∣mand; some must be below, and be bound to obey. And in a civil State there must be one universal su∣preme, to which all others in the Community must subject themselves. This Subjection must be rati∣onal, free, and orderly, or else the State cannot continue long, nor be well administred. And wis∣dom must determine not only the general order of superiour and inferiour, but also in particular the Community must be divided into parts with a co-or∣dination of equals, and subordination of the une∣quals, and of every several part unto the whole, that so every one may know his place and rank, that he may keep it. Therefore the Apostle commands eve∣ry soul, Rom. 13.1. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, not barely to be subject any ways but in a certain order; for the Com∣munity must be like an Army put in array, that so the supreme Power may the better animate and or∣der it: upon which followeth a more regular moti∣on of this great body both in the whole and every part, tending the more directly to Peace, Godliness and Honesty.

For there is a twofold end of regular civil Go∣vernment; The first is Peace; The second is God∣liness and Honesty, to which Peace is subordinate. For the Apostle exhorts us to pray for Kings, and all that are in authority, that we may lead a quiet and peaceable life in all Godliness and Honesty: 1 Tim. 2.1. Government is for Peace, Peace for Godliness, and the performance of our duty towards God, and Ho∣nesty:

That we may live soberly and justly towards men. When God doth bless a people with a setled Government and an happy peace, (for these are Gods blessings) neither Prince nor people must for∣get their God, or live in Luxury, and deal unjustly one with another. For these things offend him, provoke him to anger, and pull down his Judgements upon them. He expects Piety and Honesty from every one, even from the highest to the lowest. And these earthly States are erected, and subordinated to an higher end then peace and plenty here on earth: they should be so ordered as to prepare men for eter∣nity: otherwise Regna are but latrocinia, a den of thieves, and a combination of devils. Thus much I thought good to deliver concerning the Nature of a Common-wealth civil. The Distribution fol∣loweth.

Mr. Hobbs.

A Common-wealth is either by institution or acqui∣sition.

G. L.

This is not the distribution of a Common-wealth either into the integral parts, which are two,

• 1. The soveraign
• 2. The subject: not into the kinds: for those are usually taken from the several manners of disposing the supreme power in one or more to make it Monarchical or Polycratical; but its a distincti∣on of the manner of acquiring supreme power. And the ordinary way, or rather means whereby it

• is acquired, is either by force or consent.

Yet this distinction is imperfect: for there be other means besides these: neither when supreme Power is ob∣tained either by force or consent, is a Common∣wealth framed. The Power is alwayes derived from God, as before: and he takes it from one, and gives to another, either in an extraordinary or an ordinary way of Providence: as by giving a finall victory, or inclining mens hearts, and that upon several reasons to submit, and sometimes so, that if they had liberty and power, they would not consent at all. And though men may be unjust in de∣siring and seeking, yet he is just in giving it. And by the way its to be observed,

• 1. That a Power acquired, and held by force, cannot govern without a tacit con∣sent at least, so that all Common-wealths are by consent.
• 2. No man or men can govern any peo∣ple long by force, except it be the Will of God to punish and oppress them with an iron rod for their transgressions.