to be divided to an hundred men, 600 pounds are given to 60 men, and 400 to 40 where there is no equality between 600 and 400. But when it happens, that there is the same inequality in the number of them to whom it is distributed, every one of them shall take an equall part, whence it is called an equall distribution: But such like equality is the same thing with Geometricall proportion. But what is all this to Justice? for neither, if I sell my goods for as much as I can get for them, doe I injure the buyer, who sought, and desir'd them of me? neither if I divide more of what is mine to him who deserves lesse, so long as I give the other what I have agreed for, do I wrong to either? which truth our Saviour himself, being God, testifies in the Gospell. This therefore is no distinction of Justice, but of equality; yet perhaps it cannot be deny'd, but that Justice is a certain equality, as consisting in this onely; that since we are all equall by nature, one should not arrogate more Right to himselfe, then he grants to another, unlesse he have fairly gotten it by Compact. And let this suffice to be spoken against this distinction of Justice, although now almost generally receiv'd by all, lest any man should conceive an injury to be somewhat else, then the breach of Faith, or Contract, as hath been defin'd above.
VII. It is an old saying, Volenti non fit iniuria (the willing man receives no injury) yet the truth of it may be deriv'd from our Principles. For grant, that a man be willing that that should be done, which he conceives to be an injury. to him; why then that is done by his will, which by Contract was not lawfull to be done; but he being willing that should be done, which was not lawfull by Contract, the Contract it self (by the 15. 5 Article of the foregoing Chapter) becomes void: The Right therefore of doing it returnes, therefore it is done by Right; wherefore it is no injury.
VIII. The third precept of the Naturall Law, is, That you suffer not him to be the worse for you, who out of the confidence he had in you, first did you a good turn; or that you accept not a gift, but with a mind to endeavour, that the giver shall have no just occasion to repent him of his gift. For without this he should act without reason that would conferre a benefit where he sees it would be lost; and by this meanes all beneficence, and trust, together with all kind of benevolence would be taken from among men, neither would there be ought of mutuall assistance among them, nor any commencement of gaining grace and favour. by reason whereof the state of Warre would necessarily remain, contrary to the fundamentall Law of Nature: But because the breach of this Law is not a breach of trust, or contract, (for we suppose no Contracts to have pass'd among them) therefore is it not usually termed an iniury, but because good turns and thankes have a mutuall eye to each other, it is called INGRATITUDE.
IX.The fourth precept of Nature, is, That every man render himself usefull unto others: which, that we may rightly understand, we must remember that there is in men, a diversity of dispositions to enter into society, arising from the diversity of their affections, not unlike that which is found in stones, brought together in the Building, by reason of the diversity of their matter, and figure. For as a stone, which in regard of its sharp and angular form takes up more room from other stones then it fils up it selfe, neither because of the hardnesse of its matter cannot well be prest together, or easily cut, and would hinder the building from being fitly compacted, is cast away, as not fit for use: so a man, who for the harshness of his disposition in retaining superfluities for himself, and detaining of necessaries from others, and being incorrigible, by reason of the stubbornnesse of his affections, is commonly said to be uselesse, and troublesome unto others. Now, because each one not by Right onely, but even by naturall necessity is suppos'd, with all his main might, to intend the procurement of those things which are necessary to his own preservation; if any man will contend on the other side for superfluities, by his default there will arise a Warre, because that on him alone there lay no necessity of contending, he therefore acts against the fundamentall Law of Nature: Whence it followes (which wee were to shew) that it is a precept of nature; That every man accommodate himselfe to others. But he who breaks this Law may be called uselesse, and troublesome. Yet Cicero opposeth inhumanity to this usefulnesse, as having regard to this very Law.
X. The fift precept of the Law of nature is: That we must forgive him who repents, and asketh pardon for what is past; having first taken caution for the time to come. The pardon of what is past, or the remission of an offence, is nothing else but the granting of Peace to him that asketh it, after he hath warr'd against us, & now is become penitent. But Peace granted to him that repents not, that is, to him that retains an hostile mind, or that gives not caution for the future; that is, seeks not Peace, but oportunity, is not properly Peace but feare, and therefore is not commanded by nature. Now to him that will not pardon the penitent, and that gives future caution, peace it selfe it seems is not pleasing; which is contrary to the naturall Law.
XI. The sixth precept of the naturall Law is, That in revenge. and punishments we must have our eye not at the evill past, but the future good. That is: It is not lawfull to inflict punishment for any other end, but that the offender may be corrected, or that others warned by his punishment may become better. But this is confirmed chiefly from hence, that each man is bound by the law of nature to forgive one another, provided he give caution for the future, as hath been shewed in the foregoing Article. Furthermore, because revenge, if the time past be onely considered, is nothing else but a certain triumph, and glory of minde, which points at no end, (for it contemplates onely what is past; but the end is a thing to come) but that which is directed to no end is vain; That revenge therefore which regards not the future, proceeds from vaine glory, and therefore without reason. But to hurt another without reason introduces a warre, and is contrary to the fundamentall Law of Nature; It is therefore a precept of the Law of nature, that in revenge wee look not backwards but forward. Now the breach of this Law, is commonly called CRUELTY.
XII. But because all signes of hatred, and contempt provoke most of all to brawling and fighting, insomuch as most men would rather lose their lives, (that I say not their Peace) then suffer reproach; it followes in the seventh place, That it is prescribed by the Law of nature, that no man either by deeds, or words, countenance, or laughter, doe declare himselfe to hate, or scorne another. The breach of which Law is called Reproach. But although nothing be more frequent then the scoffes and jeers of the powerfull against the weak, and namely of Judges against guilty persons, which neither relate to the offence of the guilty, nor the duty of the Judges, yet these kind of men do act against the Law of nature, and are to be esteemed for contumelious.
XIII. The question whether of two men be the more worthy, belongs not to the naturall, but civill state; for it hath been shewed before, Chap. I. Art. 3. that all men by nature are equall, and therefore the inequality which now is, suppose from riches, power, nobility of kindred, is come from the civill Law. I know that Aristotle in his first book of Politiques affirmes as a foundation of the whole politicall science, that some men by nature are made worthy to command, others onely to serve; as if Lord and Master were distinguished not by consent of men, but by an aptnesse, that is, a certain kind of naturall knowledge, or ignorance; which foundation is not onely against reason (as but now hath been shewed) but also against experience: for neither almost is any man so dull of understanding as not to judge it better to be ruled by himselfe, then to yeeld himselfe to the government of another; neither if the wiser and stronger doe contest, have these ever, or often the upper hand of those. Whether therefore men be equall by nature, the equality is to be acknowledged, or whether unequall, because they are like to contest for dominion, its necessary for the obtaining of Peace, that they be esteemed as equall; and therefore it is in the eight place a precept of the Law of nature, That every man be accounted by nature equall to another, the contrary to which Law is PRIDE.
XIV. As it was necessary to the conservation of each man, that he should part with some of his Rights, so it is no lesse necessary to the same conservation, that he retain some others, to wit the Right of bodily protection, of free enjoyment of ayre, water, and all necessaries for life. Since therefore many common Rights are retained by those who enter into a peaceable state, and that many peculiar ones are also acquired, hence ariseth this ninth dictate of the naturall Law, to wit, That what Rights soever any man challenges to himselfe, he also grant the same as due to all the rest: otherwise he frustrates the equality acknowledged in the former Article. For what is it else to acknowledge an equality of persons in the making up of society, but to attribute
