London 1662
To the Reader
… For though Mr. Hobbs does lay down his principles and peruse his method much more clearly than Grotius does, yet his principles are so monstrous that to me it is impossible any ingenuous man should assent to them. Indeed, if Mr. Hobbs would have supposed that the state of man had either been in society or out of society, and that out of society men had been in such a state as he makes them in his state of pure nature, I should never have stumbled at it. But he, forsooth, requires it as a principle that "all men jure naturali are in a parity and equal condition, and may kill one another without any offence or sin, and that men continue in this estate until by their civil pact they oblige themselves to one another that the will of the civitas shall be the will of them all".
…
Observations on Mr. Hobbs' De Cive
… He divides the whole
treatise into three titles, viz. Liberty, Empire and Religion.
Under the title of Liberty, he speaks of men as they are in a state of
mere nature, viz. of a state of men before they have by pact given up
their natural right to one person or one court or company of men, so
that the will of this man or court shall be the will of all of them.
And this he calls (cap.5 art.9) civitas or
persona civilis.
If Hobbs had by a state of nature understood such a state as St. Paul
(Romans 2:14) does, viz. of men who have only the law of nature and
not God's divine law supernaturally revealed in the Scriptures to be
their rule and guide. And that such men in such a state not having the
[written] Law may by nature do the things
contained in the Law (for this [natural] law is
engraven in the hearts of all men), he should have disputed without an
adversary for me. But when he makes all men jure naturali
(which is superior and the cause of all laws of nature) to be equal
and in a parity of condition, and every man by his own natural right
to have a power over every man, and to kill and destroy them
whensoever it seems good unto him, and yet without any sin. And that
this state is only to be cured by the laws of nature of his own making
(although he would have them to be divine laws, and contrary to
natural rights) is such a monstrous paradox and absurdity as I wonder
any ingenuous man should assent to it.
Under the title of Empire he is not less wild and extravagant in his
concessions to the thing, be it king or court created by do and
dedi not dabo or faciam ["I give"
and "I have given" not "I shall give" or "I shall do"]. For he
makes it not only sovereign judge of all ecclesiastical as well as
civil causes, but also impossible to command anything contrary to the
law of nature. Yet he makes the law of nature, the law of God, and
creature of creatures to be so infallible that it is impossible to
command anything contrary to it.
It is not worth the examining what he would have under the title of
religion, for men say the man is of none himself, and complains (they
say) that he cannot walk the streets but the boys point at him saying
"There goes Hobbs the atheist!" It may be therefore the reason why in
all his laws of nature he allows no place for the worship and service
of God.
But it is time to examine the particular articles upon which this body De Cive is built.
His marginal note upon
Art.3. Cap.1 is Homines natura æquales esse inter se.
[By nature men are equal amongst themselves].
There is no one proposition in the world more false than this nor more
destructive to all faith and truth of sacred history. For whereas he
says that by nature men are equal to one another, if the Scriptures be
true that God made Adam an universal monarch (as he says) as well over
his wife and children as other creatures, and that since Adam God did
never create any man but the species of mankind was continued by
generation, and that (as he says) primogeniture is preferred by the
law of nature (which cap.3 art.29. is immutable), then
it is impossible that since Adam any two men in the world can be
equal, where God does not make them so.
Indeed, if Mr. Hobbs had been an Athenian, who styled the men of
Attica αυτόχφονες, men of the same land; or a Peripatetic who
held that men and the other things of the world were from eternity as
well as the word; or an Egyptian who held that (from the example of
diverse creatures generated out of the River Nile) men at first were
generated from equivocal generation, or that men had sprung out of the
ground fungum more , there might have
been some small semblance for his opinion.
…
Neither is it possible in
such a state where all men may kill one another and where all things
are alike and common unto all men, that men should make any pacts or
contracts one with another. For besides that where men have nothing
proper, there men cannot make pacts or contract for anything; also,
where there is no precedent human law obliging, there cannot any man
be obliged or bound to anything by his pact or contract. For to be
bound is in relation and must presuppose something that does bind, but
if nothing binds me but my will (which is a contradiction) I may
unbind me when I will, for my will is free.
I deny that any man or any company of men can will anything to be a
law to themselves. For omnis potentia activa est, principium
transmutandi aliud. And therefore the act of no man's will can
have a power or obligation upon himself; and by consequence cannot any
man or company of men will or make another who shall give laws - for
nemo potest transferre id in alium, quod ipse non habet [Nobody
can give away what he does not himself possess].
…
Cap.3 art.14.
"No man by his pact is obliged to an impossibility".
And therefore can no supreme power be derived from the pacts of men,
for where there is not jus vitae & necis [power
of life and death], there can be no supreme power, and no man
hath a power over his own life and therefore no man can give it or
transfer it to another.
Art.18. "No man can
be obliged by his pact not to resist him who brings or intends damage
to his body".
And therefore no penal laws can be executed, but subjects are freed
from their obedience whensoever they have so far transgressed laws
that they become liable to any corporal punishment. For where men can
resist there can be no subjection.
…
Having made the temporal
power to have its origination from the inventions, pacts, wills and
policies of men, he makes it judge of all doctrines and opinions of
faith, and this from convenience. For, says he, "If one may command
anything upon pain of temporal death and another forbids it upon pain
of eternal death, it will follow not only innocent citizens may be
punished but the city itself be dissolved, for no man can serve two
masters".
I know not how (this granted) could Christianity be preached when
the temporal laws everywhere did forbid it? Our Savior says, Whoso
hateth not father and mother and wife and children and brethren and
sisters, yea, and his own life, he cannot be my disciple. (Luke 14:26)
And if temporal powers command anything contrary to the laws of God we
ought not to fear them that can kill the body but are not able to kill
the soul, but rather to fear him who is able to destroy both body and
soul in hell (Matthew 10:28). 'Tis true, indeed, no man can serve two
masters who may with equal right command the same thing, but a man may
serve two masters who do not with equal right command the same thing.
As a tenant who owes homage to his lord is the lord's man of life and
limb and of earthly worship, and ought to be true and faithful to him,
saving the faith he owes to his sovereign lord, the king. And so every
servant ought to obey his master in all things which do not contradict
God's nor his country's laws. And so ought every man to submit himself
to temporal powers in all things if they be not repugnant to God's
laws.
And let any man see whether the whole scope of this article be not to
make all faith and religion, as well as society, a mere invention and
policy of man, and human constitution, and creature of a creature. Nor
is the danger he makes so much to be feared, for ecclesiastical powers
have nothing to do with secular jurisdictions.
…
Whereas he says Quid sit adulterium [what is adultery] does depend upon the civitas. I would know of him whether it were adultery in David in lying with Bathsheba during Uriah's life? If it were, then is it not true which Mr. Hobbs says; if it were not, then did God unjustly so severely to punish him therefore.
…
"Tyranny is not a state of
a City different from rightful monarchy".
True upon your false and feigned principles where the wills and pacts
of men are made the cause and origination of all power in government,
where men's wills are mad their laws. Than which nothing can be more
destructive to all laws divine and human; and the most willful man
should be the most just man. For to what purpose should there be any
laws, divine or human, if a man's own will be a rule and law to
himself? And by this man's principles, it is only men's wills from
which all power in government is derived and to which men ought to be
subject.
Yet, good man, some difference he makes, viz. only in the
exercise of their power. He, forsooth, is a king that rules well and
he is a tyrant that rules otherwise.
As if Absolom's kissing the Israelites when they came to demand
justice and his desire to judge the people righteously had made him a
good title to the crown of Israel; or that Jeroboam or Athaliah had
not been usurpers but very rightful princes if they had ruled well.
But though he makes no difference between sword-bearers and
sword-takers, between God's ministers and thieves and robbers, yet the
Holy Ghost does. For God's minister is a sword-bearer. And if he be
not God's minister but a sword-taker ― as Our Saviour calls them who
have not a just authority ― then "whosoever sheddeth man's blood, by
man shall his blood be shed; for in the image of God made he man"
(Genesis 9:6).
And if ever man had a just cause to have taken the sword, then had St.
Peter in defence of his Lord God and master; but Our Saviour
reprehends him, telling him that whosoever takes the
sword shall perish by the sword. And it is not wicked men whom
usurpers, tyrants and sword-takers so much murder (for it is no
better), as virtuous and honest. The worst of private malefactors may
justly with the whore in Terence answer to the best of sword-takers
(if there be any degree of goodness in any of them) quamvis ego
digna sum hæc contumelia maxime, indignus tamen in qui feceris.
And whereas he only makes tyrannus ab exercitia [a
tyrant by actions], it is false. For the abuse of a thing does
not alter the nature of a thing, as a man is a man, although a bad man
who abuses those good parts which God hath given him. So is a father
and a master, a father and a master (yet bad ones) where they abuse
their power. And so is a king, a king, although he abuses his power.
And the Holy Ghost many times calls them wicked and idolatrous kings,
but never tyrants as this man does.
…
[In the earliest histories]
not among the Grecians was there ever so much as aristocracy or
democracy heard of. Nor was there ever any place in the world where
there were men inhabiting without government. … Nor was there
originally ever any government but monarchy; and that never from any
pacts of men. And this government so continued everywhere until it was
violated by seditious and rebellious men.
And whereas he makes this civil pact to be so necessary and antecedent
to all civil government, I would fain know of Mr. Hobbs, whether Saul,
David, Solomon, Jehu, Hazael, Cyrus &c. were not as much kings or
civitates (as he calls them) as if they had all this covenanting
and pacts with one another, that this man's will should be the will of
all not to resist the will of David, Solomon, Hazael &c. in those
things which they deemed necessary for the peace of Israelites,
Persians, Syrians &c? But if they were civitates (as if Mr
Hobbs be a Christian ― which I think may be a question ― he must needs
confess) and yet not made so by his civil pacts nor indeed any other,
then is this unio [union] so far from
being essential to the making of a king or
civitas that as to the right of a king, it is no matter
whether it be made or not. For men, if they do not submit and consent
to rightful kings' government, they disobey God.
…
But if Mr. Hobbs ask me, If power in government were not originally from pacts, how it came first into the world? I answer, That I am not bound to give an account how things came to pass whereof there is no record. It is enough for me to affirm, That no time ever was wherein men did live together out of society and government. Besides, society being natural it is an absurd question; and a man may as well ask why God made the world in that order and frame that he hath, or how he came to make man a reasonable creature and all other irrational, as why a sociable.
…
I would fain know of Mr.
Hobbs, Who gave the people this power of making kings or civitates?
Or what are the people that have, or when was it that they had it? At
what age in pure nature shall any man claim this right of giving up
his will, or be an instrument of making this pact? Whether women be
not part of mankind, and have wills as much or more than men, and are
not as liable to punishment for not observance or transgressing human
laws as men? Whether it be not reasonable posterity may not give up
their wills to another since they have not the same wills with their
ancestors? Whether the ten tribes did not rebel in giving up their
wills to make Jeroboam King, though neither they or their ancestors
ever made Rehoboam or Solomon or David King by giving up their wills?
Whether the king or civitas claiming all right and power from
the multitude, and everyone of the multitude claiming all right and
power from the king or civitas be not idem per idem [the
same through the same]? And let any man judge whether there be
anything more unreasonable than this man's Dictamen rectæ rationis
[dictate of right reason]?
[Spelling and punctuation modernized]
Roger Coke was a Suffolk gentleman educated at Cambridge. He published pamphlets on politics, trade and history.
civitas = city; in this context it means the state or political community. The plural is civitates.
fungum more = like mushrooms. In the seventeenth century, it was generally believed that mushrooms were spontaneously generated from the soil.
David's adultery = II Samuel 11
sword = Matthew 26:52 "Then said Jesus unto him, Put up again thy sword into his place: for all they that take the sword shall perish with the sword".
quamvis ego = Terence Eunuchus V.ii: "nam si ego digna hac contumelia / sum maxume, at tu indignus qui faceres tamen". [Although I fully deserve this blow, you're not fit to strike it].