equall Right and Power to those whom no reason would else engage to enter into society? But to ascribe equall things to equalls, is the same with giving things proportionall to proportionals. The observation of this Law is called MEEKNES, the violation pleonexia, the breakers by the Latines are styled Immodici & immodesti.
XV. In the tenth place it is commanded by the Law of nature, That every man in dividing Right to others, shew himselfe equall to either party. By the foregoing Law we are forbidden to assume more Right by nature to our selves, then we grant to others. We may take lesse if we will, for that sometimes is an argument of modesty. But if at any time matter of Right be to be divided by us unto others, we are forbidden by this Law to favour one more or lesse then another. For he that by favouring one before another, observes not this naturall equality, reproaches him whom he thus undervalues: but it is declared above, that a reproach is against the Lawes of Nature. The observance of this Precept is called EQUITY; the breach, Respect of Persons. The Greeks in one word term it prosopolepsia.
XVI. From the foregoing Law is collected this eleventh, Those things which cannot be divided, must be used in common, (if they can) and (that the quantity of the matter permit) every man as much as he lists, but if the quantity permit not, then with limitation, and proPortionally to the number of the users: for otherwise that equality can by no means be observed, which we have shewed in the forgoing Article to be commanded by the Law of Nature.
XVII. Also what cannot be divided, nor had in common, it is provided by the Law of nature (which may be the twelfth Precept) that the use of that thing be either by turns, or adjudged to one onely by lot, and that in the using it by turns, it be also decided by lot who shall have the first use of it; For here also regard is to be had unto equality: but no other can be found, but that of lot.
XVIII. But all lot is twofold; arbitrary, or naturall; Arbitrary is that which is cast by the consent of the Contenders, and it consists in meer chance (as they say) or fortune. Naturall is primogeniture (in Greek klironomia, as it were given by lot) or first possession. Therefore the things which can neither be divided, nor had in common, must be granted to the first possessour, as also those things which belonged to the Father are due to the Sonne, unlesse the Father himselfe have formerly conveighed away that Right to some other. Let this therefore stand for the thirteenth Law of Nature.
XIX. The 14 Precept of the Law of nature is; That safety must be assured to the mediators for Peace. For the reason which commands the end, commands also the means necessary to the end. But the first dictate of Reason is Peace. All the rest are means to obtain it, and without which Peace cannot be had. But neither can Peace be had without mediation, nor mediation without safety; it is therefore a dictate of Reason, that is, a Law of nature, That we must give all security to the Mediators for Peace.
XX. Furthermore, because, although men should agree to make all these, and whatsoever other Lawes of Nature, and should endeavour to keep them, yet doubts, and controversies would daily arise concerning the application of them unto their actions, to wit, whether what was done, were against the Law, or not, (which we call, the question of Right) whence will follow a fight between Parties, either sides supposing themselves wronged; it is therefore necessary to the preservation of Peace (because in this case no other fit remedy can possibly be thought on) that both the disagreeing Parties refer the matter unto some third, and oblige themselves by mutuall compacts to stand to his judgement in deciding the controversie. And he to whom they thus refer themselves is called an Arbiter. It is therefore the 15. Precept of the naturall Law, That both parties disputing concerning the matter of right submit themselves unto the opinion and judgement of some third.
XXI. But from this ground, that an Arbiter or Judge is chosen by the differing Parties to determine the controversie, we gather, that the Arbiter must not be one of the Parties: for every man is presumed to seek what is good for himselfe naturally, and what is just, onely for Peaces sake, and accidentally. and therefore cannot observe that same equality commanded by, the Law of nature so exactly as a third man would do: It is therefore in the sixteenth place contained in the Law of nature, That no man must be Judge or Arbiter in his own cause.
XXII. From the same ground followes in the seventeenth place, That no man must be Judge who propounds unto himself any hope of profit, or glory, from the victory of either part: for the like reason swayes here, as in the foregoing Law.
XXIII. But when there is some controversie of the fact it selfe, to wit, whether that bee done or not, which is said to bee done, the naturall Law wills, that the Arbiter trust both Parties alike, that is, (because they affirm contradictories) that hee believe neither: He must therefore give credit to a third, or a third and fourth, or more, that he may be able to give judgement of the fact, as often as by other signes he cannot come to the knowledge of it. The 18. Law of nature therefore injoynes Arbiters, and Iudges of fact, That where firm and certain signes of the fact appear not, there they rule their sentence by such witnesses, as seem to be indifferent to both Parts.
XXIV. From the above declared definition of an Arbiter may be furthermore understood, That no contract or promise must Passe between him and the parties whose Iudge he is appointed, by vertue whereof he may be engaged to speak in favour of either part, nay, or be oblig'd to judge according to equity, or to pronounce such sentence as he shall truly judge to be equall. The Judge is indeed bound to give such sentence as he shall judge to be equall by the Law of Nature re-counted in the 15. Article. To the obligation of which Law nothing can be added by way of Compact. Such compact therefore would be in vain. Besides, if giving wrong judgement, he should contend for the equity of it, except such Compact be of no force, the Controversie would remain after Judgement given, which is contrary to the constitution of an Arbiter, who is so chosen, as both parties have oblig'd themselves to stand to the judgement which he should pronounce. The Law of Nature therefore commands the Judge to be dis-engaged, which is its 19 precept.
XXV. Farthermore, forasmuch as the Lawes of Nature are nought else but the dictates of Reason, so as, unlesse a man endeavour to preserve the faculty of right reasoning, he cannot observe the Lawes of Nature, it is manifest, that he, who knowingly, or willingly, doth ought, whereby the rationall faculty may be destroyed, or weakned, he knowingly, and willingly, breaks the Law of nature: For there is no difference between a man who performes not his Duty, and him who does such things willingly, as make it impossible for him to doe it. But they destroy and weaken the reasoning faculty, who doe that which disturbs the mind from its naturall state; that which most manifestly happens to Drunkards and Gluttons; we therefore sin in the 20 place against the Law of Nature by Drunkennesse.
XXVI. Perhaps some man, who sees all these precepts of Nature deriv'd by a certain artifice from the single dictate of Reason advising us to look to the preservation, and safegard of our selves, will say, That the deduction of these Lawes is so hard, that it is not to be expected they will be vulgarly known, and therefore neither will they prove obliging: for Lawes, if they be not known, oblige not, nay, indeed are not Lawes. To this I answer, it's true, That hope, fear, anger, ambition, covetousnesse, vain glory, and other perturbations of mind, doe hinder a man so, as he cannot attaine to the knowledge of these Lawes, whilst those passions prevail in him: But there is no man who is not sometimes in a quiet mind; At that time therefore there is nothing easier for him to know, though he be never so rude and unlearn'd, then this only Rule, That when he doubts, whether what he is now doing to another, may be done by the Law of Nature, or not, he conceive himselfe to be in that others stead. Here instantly those perturbations which perswaded him to the fact, being now cast into the other scale, disswade him as much: And this Rule is not onely easie, but is Anciently celebrated in these words, Quod tibi fieri non vis, alteri ne feceris: Do not that to others, you would not have done to your self.
XXVII. But because most men, by reason of their perverse desire of present profit, are very unapt to observe these Lawes, although acknowledg'd by them, if perhaps some others more humble then the rest should exercise that equity and usefulnesse which Reason dictates, those not practising the same, surely they would not follow Reason in so doing; nor would they hereby procure themselves peace, but a more certain quick destruction,
