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PART I.

15.

that in revenges, men

A seventh is, that in revenges, that is, retribu

tion of evil for evil, men look not at the greatness The seventh, of the evil past, but the greatness of the good to

follow. Whereby we are forbidden to inflict purespect only nishment with any other design, than for correction good. of the offender, or direction of others. For this

law is consequent to the next before it, that commandeth pardon, upon security of the future time. Besides, revenge without respect to the example, and profit to come, is a triumph, or glorying in the hurt of another, tending to no end; for the end is always somewhat to come; and glorying to no end, is vain-glory, and contrary to reason, and to hurt without reason, tendeth to the introduction of war; which is against the law of nature; and is com

monly styled by the name of cruelty. The eighth,

And because all signs of hatred, or contempt, against contumely.

provoke to fight; insomuch as most men choose rather to hazard their life, than not to be revenged; we may in the eighth place, for a law of nature, set down this precept, that no man by deed, word, countenance, or gesture, declare hatred, or contempt of another. The breach of which law, is

commonly called contumely. The ninth, The question who is the better man, has no against pride.

place in the condition of mere nature ; where, as has been shewn before, all men are equal. The inequality that now is, has been introduced by the laws civil. I know that Aristotle in the first book of his Politics, for a foundation of his doctrine, maketh men by nature, some more worthy to command, meaning the wiser sort, such as he thought himself to be for his philosophy; others to serve, meaning those that had strony bodies, but were not philosophers as he ; as if master and servant

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were not introduced by consent of men, but by PART 1. difference of wit : which is not only against reason ; but also against experience. For there are very few so foolish, that had not rather govern themselves, than be governed by others : nor when the wise in their own conceit, contend by force, with them who distrust their own wisdom, do they always, or often, or almost at any time, get the victory. If nature therefore have made men equal, that equality is to be acknowledged: or if nature have made men unequal; yet because men that think themselves equal, will not enter into conditions of peace, but upon equal terms, such equality must be admitted. And therefore for the ninth law of nature, I put this, that every man acknowledge another for his equal by nature. The breach of this precept is pride.

On this law, dependeth another, that at the The tenth, entrance into conditions of peace, no man require ancest arroto reserve to himself any right, which he is not content should be reserved to every one of the rest. As it is necessary for all men that seek peace, to lay down certain rights of nature; that is to say, not to have liberty to do all they list : so is it necessary for man's life, to retain some; as right to govern their own bodies ; enjoy air, water, motion, ways to go from place to place; and all things else, without which a man cannot live, or not live well. If in this case, at the making of peace, men require for themselves, that which they would not have to be granted to others, they do contrary to the precedent law, that commandeth the acknowledgment of natural equality, and therefore also against the law of nature. The observers of this law, are those we call modest, and the

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PART 1. breakers arrogant men. The Greeks call the vio

lation of this law adeovežia ; that is, a desire of

more than their share. The eleventh, Also if a man be trusted to judge between man equity.

and man, it is a precept of the law of nature, that he deal equally between them. For without that, the controversies of men cannot be determined but by war, He therefore that is partial in judgment, doth what in him lies, to deter men from the use of judges, and arbitrators; and consequently, against the fundamental law of nature, is the cause of war.

The observance of this law, from the equal distribution to each man, of that which in reason belongeth to him, is called EQUITY, and, as I have said before, distributive justice : the violation, ac

ception of persons, apoownoanfía. The twelfth, And from this followeth another law, that such equal use of things

things as cannot be divided, be enjoyed in common, if it can be; and if the quantity of the thing permit, without stint ; otherwise proportionably to the number of them that have right. For otherwise the

distribution is unequal, and contrary to equity. The thirteenth,

But some things there be, that can neither be of lot.

divided, nor enjoyed in common. Then, the law of nature, which prescribeth equity, requireth, that the entire right; or else, making the use alternate, the first possession, be determined by lot. For equal distribution, is of the law of nature; and other means of equal distribution cannot be ima

gined. The fourteenth, Of lots there be two sorts, arbitrary, and natuof primarnic ral. Arbitrary, is that which is agreed on by the seizing. pompetitors : is either primogeniture,

npovouía, which signifies,

common.

ure.

PART I.

15.

of mediators.

of submission to arbitrement.

And therefore those things which cannot be enjoyed in common, nor divided, ought to be adjudged to the first possessor ; and in some cases to the first born, as acquired by lot.

It is also a law of nature, that all men that the fifteenth, mediate

peace, be allowed safe conduct. For the law that commandeth peace, as the end, commandeth intercession, as the means; and to intercession the means is safe conduct.

And because, though men be never so willing to The sixteenth, observe these laws, there may nevertheless arise questions concerning a man's action ; first, whether it were done, or not done ; secondly, if done, whether against the law, or not against the law ; the former whereof, is called a question of fact ; the latter a question of right, therefore unless the parties to the question, covenant mutually to stand to the sentence of another, they are as far from peace as ever. This other to whose sentence they submit is called an ARBITRATOR.

And therefore it is of the law of nature, that they that are at controversy, submit their right to the judgment of an arbitrator. And seeing every man is presumed to do all The seven

teenth, no things in order to his own benefit, no man is a fit man is his

own judge. arbitrator in his own cause; and if he were never so fit; yet equity allowing to each party equal benefit, if one be admitted to be judge, the other is to be admitted also; and so the controversy, that is, the cause of war, remains, against the law of nature.

For the same reason no man in any cause ought teentb, no to be received for arbitrator, to whom greater man to be profit, or honour, or pleasure apparently ariseth has in him a out of the victory of one party, than of the other : of partiality.

PART I.

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The nineteenth of witnesses,

for he hath taken, though an unavoidable bribe, yet a bribe; and no man can be obliged to trust him. And thus also the controversy, and the condition of war remaineth, contrary to the law of nature.

And in a controversy of fact, the judge being to give no more credit to one, than to the other, if there be no other arguments, must give credit to a third ; or to a third and fourth; or more : for else the question is undecided, and left to force, contrary to the law of nature.

These are the laws of nature, dictating peace, for a means of the conservation of men in multitudes; and which only concern the doctrine of civil society. There be other things tending to the destruction of particular men; as drunkenness, and all other parts of intemperance; which may therefore also be reckoned amongst those things which the law of nature hath forbidden; but are not necessary to be mentioned, nor are pertinent enough to this place.

And though this may seem too subtle a deduction of the laws of nature, to be taken notice of by all men ; whereof the most part are too busy in getting food, and the rest too negligent to understand; yet to leave all men inexcusable, they have been contracted into one easy sum, intelligible even to the meanest capacity; and that is, Do not that to another, which thou wouldest not have done to thyself; which sheweth him, that he has no more to do in learning the laws of nature, but, when weighing the actions of other men with his own, they seem too heavy, to put them into the other part of the balance, and his own into their place, that his own passions, and self-love, may

A rule, by which the laws of nature may easily be examined.

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