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.

PART I.

15.

of mediators.

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.

of submission

And because, though men be never so willing to The sixteenth, observe these laws, there may nevertheless arise to arbitrement. 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.

teenth, no

And seeing every man is presumed to do all The seventhings 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 teenth, 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.

The eigh

judge, that

natural cause

PART I.

15.

The nineteenth of witnesses.

A rule, by which the laws of

nature may easily be examined.

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

add nothing to the weight; and then there is none of these laws of nature that will not appear unto him very reasonable.

PART I.

15.

of nature

conscience always, but

then only

all when there is security.

The laws of nature oblige in foro interno; The laws that is to say, they bind to a desire they should oblige in take place but in foro externo; that is, to the putting them in act, not always. For he that in effect should be modest, and tractable, and perform he promises, in such time, and place, where no man else should do so, should but make himself a prey to others, and procure his own certain ruin, contrary to the ground of all laws of nature, which tend to nature's preservation. And again, he that having sufficient security, that others shall observe the same laws towards him, observes them not himself, seeketh not peace, but war; and consequently the destruction of his nature by violence.

And whatsoever laws bind in foro interno, may be broken, not only by a fact contrary to the law, but also by a fact according to it, in case a man think it contrary. For though his action in this case, be according to the law; yet his purpose was against the law; which, where the obligation is in foro interno, is a breach.

nature are

The laws of nature are immutable and eternal; The laws of for injustice, ingratitude, arrogance, pride, iniquity, eternal. acception of persons, and the rest, can never be made lawful. For it can never be that war shall preserve life, and peace destroy it.

The same laws, because they oblige only to a And yet easy. desire, and endeavour, I mean an unfeigned and constant endeavour, are easy to be observed. For in that they require nothing but endeavour, he

VOL. III.

L

PART I. 15.

The science of these laws, is

philosophy.

that endeavoureth their performance, fulfilleth them; and he that fulfilleth the law, is just.

And the science of them, is the true and only the true moral moral philosophy. For moral philosophy is nothing else but the science of what is good, and evil, in the conversation, and society of mankind. Good, and evil, are names that signify our appetites, and aversions; which in different tempers, customs, and doctrines of men, are different: and divers men, differ not only in their judgment, on the senses of what is pleasant, and unpleasant to the taste, smell, hearing, touch, and sight; but also of what is conformable, or disagreeable to reason, in the actions of common life. Nay, the same man, in divers times, differs from himself; and one time praiseth, that is, calleth good, what another time he dispraiseth, and calleth evil: from whence arise disputes, controversies, and at last war. And therefore so long as a man is in the condition of mere nature, which is a condition of war, as private appetite is the measure of good, and evil: and consequently all men agree on this, that peace is good, and therefore also the way, or means of peace, which, as I have shewed before, are justice, gratitude, modesty, equity, mercy, and the rest of the laws of nature, are good; that is to say; moral virtues; and their contrary vices, evil. Now the science of virtue and vice, is moral philosophy; and therefore the true doctrine of the laws of nature, is the true moral philosophy. But the writers of moral philosophy, though they acknowledge the same virtues and vices; yet not seeing wherein consisted their goodness; nor that they

me to be praised, as the means of peaceable,

15.

sociable, and comfortable living, place them in a PART I. mediocrity of passions: as if not the cause, but the degree of daring, made fortitude; or not the cause, The science of but the quantity of a gift, made liberality.

these laws, is the true moral

These dictates of reason, men used to call by the philosophy. name of laws, but improperly: for they are but conclusions, or theorems concerning what conduceth to the conservation and defence of themselves; whereas law, properly, is the word of him, that by right hath command over others. But yet if we consider the same theorems, as delivered in the word of God, that by right commandeth all things; then are they properly called laws.

CHAPTER XVI.

OF PERSONS, AUTHORS, AND THINGS

PERSONATED.

A PERSON, is he, whose words or actions are con- A person what. sidered, either as his own, or as representing the

words or actions of another man, or of any other thing, to whom they are attributed, whether truly or by fiction.

and artificial.

When they are considered as his own, then is he Person natural, called a natural person: and when they are considered as representing the words and actions of another, then is he a feigned or artificial person. The word person is Latin: instead whereof the The word perGreeks have póownov, which signifies the face, as persona in Latin signifies the disguise, or outward appearance of a man, counterfeited on the stage; and sometimes more particularly that part of it, which disguiseth the face, as a mask or vizard:

son, whence.