any fault of a man be sufficient to discharge our covenant made; the same ought in reason to have been sufficient to have hindered the making of it. or The names of just, and unjust, when they are attributed to men, signify one thing; and when they are attributed to actions, another. When they are attributed to men, they signify conformity, or inconformity of manners, to reason. But when they are attributed to actions they signify the conformity or inconformity to reason, not of manners manner of life, but of particular actions. A just man, therefore, is he that taketh all the care he can that his actions may be all just, and an unjust man is he that neglecteth it. And such men are more often in our language styled by the names of righteous and unrighteous than just and unjust, though the meaning be the same. Therefore, a righteous man does not lose that title by one or a few unjust actions that proceed from sudden passion or mistake of things or persons; nor does an unrighteous man lose his character for such actions as he does, or forbears to do, for fear, because his will is not framed by the justice, but by the apparent benefit of what he is to do. That which gives to human actions the relish of justice is a certain nobleness or gallantness of courage, rarely found, by which a man scorns to be beholden, for the contentment of his life, to fraud or breach of promise. This justice of the manners is that which is meant, where justice is called a virtue, and injustice a vice. But the justice of actions denominates men, not just, but "guiltless;" and the injustice of the same, which is also called injury, gives them but the name of "guilty." Again, the injustice of manners is the disposition or aptitude to do injury; and is injustice before it proceeds to act, and without supposing any individual person injured. But the injustice of an action, that is to say injury, supposeth an individual person injured, namely, him to whom the covenant was made; and therefore many times the injury is received by one man when the damage redoundeth to another. As when the master commandeth his servant to give money to a stranger: if it be not done, the injury is done to the master, whom he had before covenanted to obey; but the damage redoundeth to the stranger, to whom he had no obligation, and therefore could not injure him. And so also in commonwealths. Private men may remit to one another their debts, but not robberies or other violences, whereby they are endamaged, because the detaining of debt is an injury to themselves, but robbery and violence are injuries to the person of the commonwealth. Whatsoever is done to a man, conformable to his own will signified to the doer, is no injury to him. For if he that doeth it, hath not passed away his original right to do what he please, by some antecedent covenant, there is no breach of covenant; and therefore no injury done him. And if he have, then his will to have it done being signified, is a release of that covenant; and so again there is no injury done him. Justice of actions, is by writers divided into "commutative," and "distributive:" and the former they say consisteth in proportion arithmetical; the latter in proportion geometrical. Commutative, therefore, they place in the equality of value of the things contracted for; and distributive, in the distribution of equal benefit, to men of equal merit. As if it were injustice to sell dearer than we buy; or to give more to a man than he merits. The value of all things contracted for, is measured by the appetite of the contractors: and therefore the just value is that which they be contented to give. And merit, besides that which is by covenant, where the performance on one part, meriteth the performance of the other part, and falls under justice commutative, not distributive, is not due by justice; but is rewarded of grace only. And therefore this distinction, in the sense wherein it useth to be expounded, is not right. To speak properly, commutative justice is the justice of a contractor; that is, a performance of covenant, in buying and selling; hiring, and letting to hire; lending, and borrowing; exchanging, bartering, and other acts of contract. And distributive justice, the justice of an arbitrator; that is to say, the act of defining what is just. Wherein, being trusted by them that make him arbitrator, if he perform his trust, he is said to distribute to every man his own and this is indeed just distribution, and may be called, though improperly, distributive justice; but more properly equity; which also is a law of Nature, as shall be shown in due place. As justice dependeth on antecedent covenant; so does " gratitude depend on antecedent grace; that is to say, antecedent free gift: and is the fourth law of Nature; which may be conceived in this form, "that a man which receiveth benefit from another of mere grace, endeavour that he which giveth it, have no reasonable cause to repent him of his good will." For no man giveth, but with intention of good to himself; because gift is voluntary; and of all voluntary acts, the object is to every man his own good; of which if men see they shall be frustrated, there will be ne beginning of benevolence, or trust, nor consequently of mutual help; nor of reconciliation of one man to another; and therefore they are to remain still in the conditiou of "war," which is contrary to the first and fundamental law of Nature, which commandeth men to "seek peace. The breach of this law, is called " ingratitude, ," and hath the same relation to grace that injustice hath to obligation by covenant. A fifth law of Nature, is "complaisance:" that is to say, "that every man strive to accommodate himself to the rest." For the understanding whereof, we may consider, that there is in men's aptness to society, a diversity of nature, rising from their diversity of affections; not unlike to that we see in stones brought together for building of an edifice. For as that stone which by the asperity, and irregularity of figure, takes more room from others than itself fills; and for the hardness, cannot be easily made plain, and thereby hindereth the building, is by the builders cast away as unprofitable and troublesome: so also, a man that by asperity of nature, will strive to retain those things which to himself are superfluous, and to others necessary; and for the stubbornness of his passions, cannot be corrected, is to be left, or cast out of society, as cumbersome thereunto. For seeing every man, not only by right, but also by necessity of nature, is supposed to endeavour all he can, to obtain that which is necessary for his conservation; he that shall oppose himself against it, for things superfluous, is guilty of the war that thereupon is to follow; and therefore doth that which is contrary to the fundamental law of Nature, which commandeth "to seek peace." The observers of this law, may be called "sociable," the Latins call them commodi; the contrary, "stubborn," "insociable," "froward," "intractable." A sixth law of Nature is this, "that upon caution of the future time, a man ought to pardon the offences past of them that repenting, desire it. For "pardon "is nothing but granting of peace; which though granted to them that persevere in their hostility, be not peace, but fear; yet not granted to them that give caution of the future time, is sign of an aversion to peace; and therefore contrary to the law of Nature. A seventh is, "that in revenges, that is, retribution of evil for evil, "men look not at the greatness of the evil past, but the greatness of the good to follow." Whereby we are forbidden to inflict punishment with any other design, than for correction 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 commonly styled by the name of "cruelty." And because all signs of hatred, or contempt, 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 question who is the better man, has no place in the condition of mere nature; where, as has been shown 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 strong bodies, but were not philosophers as he ; as if master and servant were not introduced by consent of men, but by difference of wit; which is not only against reason, but also against experi ence. 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 entrance into conditions of peace, no man require to 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 breakers "arrogant men. The Greeks call the violation of this law Tλeoveğia; that is, a desire of more than their share. For Also if "a man be trusted to judge between man and man," it is a precept of the law of Nature, "that he deal equally between them." 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, "acception of persons," προσωποληψία. And from this followeth another law, "that such 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. But some things there be that can neither be 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 For equal distribution is of the law of Nature, and determined by lot." other means of equal distribution cannot be imagined. 'arbitrary," and "natural." Of "lots" there be two sorts, 66 Arbitrary is that which is agreed on by the competitors: natural, is either "primo- given by lot," 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 also a law of Nature, "that all men that mediate peace, be allowed For the law that commandeth peace, as the end, comsafe conduct." mandeth intercession, as the "means;" and to intercession the means is safe conduct. And because, though men be never so willing to 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 This other to whose sentence they submit is from peace as And therefore it is of the law of Nature, "that called an "arbitrator." they that are at controversy, submit their right to the judgment of an arbitrator. ever. And seeing every man is presumed to do all things in order to his own benefit, no man is a fit 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 to be received for arbitrator, to whom greater profit, or honour, or pleasure apparently ariseth out of the victory of one party than of the other: 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 wouldst not have done to thyself;" which showeth 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, he 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. The laws of Nature oblige in foro interno; that is to say, they bind to a desire they should take place: but in foro externo; that is, to the putting them in act, not always. For he that should be modest, and tractable, and perform all 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. The laws of Nature are immutable and eternal; for injustice, ingratitude, arrogance, pride, iniquity, 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 desire and endeavour, I mean an unfeigned and constant endeavour, are easy to be observed. For in that they require nothing but endeavour, he that endeavoureth their performance, fulfilleth them; and he that fulfilleth the law, is just. And the science of them is the true and only 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 showed 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 come to be praised, as the means of peaceable, sociable, and comfortable living, place them in a mediocrity of passions: as if not the cause, but the degree of daring, made fortitude; or not the cause, but the quantity of a gift, made liberality. : 29 66 39.66 These dictates of reason, men used to call by the name of laws, but improperly for they are but conclusions, or theorems concerning what conduceth to the conservation and defence of themselves; whereas law, |