The Political Works of Thomas Hobbes (4 Books in One Edition). Thomas Hobbes

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The Political Works of Thomas Hobbes (4 Books in One Edition) - Thomas Hobbes

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Law, Mat. 22. 36. Master, which is the great Commandement in the Law? Jesus said unto him, Thou shalt love the Lord thy God with all thine heart, and with all thy soul, and with all thy mind; this is the first and great Commandement, and the second is like unto it, Thou shalt love thy neighbour as thy self. On these two Commandements hang all the Law and the Prophets. But to love our neighbor as our selves, is nothing else, but to grant him all we desire to have granted to our selves.

      XIII. By the tenth Law respect of Persons is forbid; as also by these places following, Mat. 5. 45. That ye may be children of your Father which is in Heaven; for he maketh the sun to rise on the Evill, and on the Good, &c. Collos. 3. 11. There is neither Greek, nor Jew, circumcision, nor uncircumcision, Barbarian, or Scythian, bond, or free, but Christ is all, & in all. Acts 10. 34. of a truth, I perceive, that God is no respecter of Persons. 2 Chron. 19. 7. There is no iniquity with the Lord our God, nor respect of Persons, nor taking of gifts. Ecclus. 35. 12. The Lord is Judge, and with him is no respect of Persons. Rom. 2. 11. For there is no respect of Persons with God.

      XIV. The eleventh Law, which commands those things to be held in common which cannot be divided, I know not whether there be any expresse place in Scripture for it, or not; but the practise appears every where in the common use of Wels, Wayes, Rivers, sacred things, &c. for else men could not live.

      XV. We said in the twelfth place, that it was a Law of Nature, That where things could neither be divided, nor possess'd in common, they should be dispos'd by lot, which is confirmed as by the example of Moses, who by Gods command, Numb. 34. divided the severall parts of the land of promise unto the Tribes by Lot: So Acts I. 24. by the example of the Apostles, who receiv'd Matthias, before Justus, into their number, by casting LotS, and saying, Thou Lord, who knowest the hearts of all men, shew whether of these two thou hast chosen, &c. Prov. 16. 33. The lot is cast into the lappe, but the whole disposing thereof is of the Lord. And which is the thirteenth Law, the Succession was due unto Esau, as being the First-born of Isaac, if himself had not sold it, (Gen. 25. 30.) or that the Father had not otherwise appointed.

      XVI. Saint Paul writing to the Corinthians, Epist. 1. Chap. 6. reprehends the Corinthians of that City for going to Law one with another before infidell Judges who were their enemies, calling it a fault, that they would not rather take wrong, and suffer themselves to be defrauded; for that is against that Law, whereby we are commanded to be helpful to each other. But if it happen the Controversie be concerning things necessary, what is to be done? Therefore the Apostle, Ver. 5. speaks thus, I speak to your shame. Is it so that there is not one wise man among you, no, not one that shall be able to judge between his brethren? He therefore, by those words confirmes that Law of Nature which we call'd the fifteenth, to wit, Where Controversies cannot be avoided, there by the consent of Parties to appoint some Arbiter, and him some third man; so as (which is the 16 Law) neither of the Parties may be judge in his own Cause.

      XVII. But that the Judge, or Arbiter, must receive no reward for his Sentence, (which is the 17. Law) appears, Exod. 23. 8. Thou shalt take no gift; for the gift blindeth the wise, and perverteth the words of the righteous. Ecclus. 20. 29. Presents and gifts blind the eyes of the wise. Whence it followes, that he must not be more oblig'd to one part then the other, which is the 19. Law, and is also confirm'd, Deut. 1. 17. Ye shall not respect Persons in Judgment, ye shall hear the small as well as the great; and in all those places which are brought against respect of Persons.

      XVIII. That in the judgement of Fact, witnesses must be had, (which is the 18. Law) the Scripture not only confirmes, but requires more then one, Deut. 17. 6. At the mouth of two witnesses, or three witnesses, shall he that is worthy of death be put to death. The same is repeated, Deut. 19. 15.

      XIX. Drunkennesse, which we have therefore in the last place numbred among the breaches of the Naturall Law, because it hinders the use of right Reason, is also forbid in sacred Scripture for the same reason. Prov. 20. 1. Wine is a mocker, strong drink is raging, whosoever is deceived thereby is not wise. And Chap. 31. 4, 5. It is not for Kings to drink wine, lest they drink, and forget the Law, and pervert the judgement of any of the afflicted: but that we might know that the malice of this vice consisted not formally in the quantity of the drink, but in that it destroyes Judgement and Reason, it followes in the next Verse, Give strong drink to him that is ready to perish, and wine to those that be heavy of heart. Let him drink, and forget his poverty, and remember his misery no more. Christ useth the same reason in prohibiting drunkenesse, Luk. 21. 34. Take heed to your selves, lest at any time your hearts be overcharg'd with surfetting and drunkennesse.

      XX. That we said in the foregoing Chapter, The Law of Nature is eternall, is also prov'd out of the fifth of S. Matth. 18. Verily I say unto you, till Heaven and Earth Passe, one jot, or one tittle, shall in no wise Passe from the Law, and Psal. 119. v. 160. Every one of thy righteous judgements endureth for ever.

      XXI. We also said, That the Lawes of Nature had regard chiefly unto Conscience; that is, that he is just, who by all possible endeavour strives to fulfill them. And although a man should order all his actions (so much as belongs to externall obedience) just as the Law commands, but not for the Lawes sake, but by reason of some punishment annext unto it, or out of Vain glory, yet he is unjust. Both these are proved by the Holy Scriptures. The first, Esay 55. 7. Let the wicked forsake his way, and unrighteous man his thoughts, and let him return unto the Lord, and he wil have mercy upon him, and to our God, for he will abundantly pardon. Ezek. 18. 31. Cast away from you all your transgressions whereby you have transgressed, & make you a new heart, and a new spirit; for why will you die O house of Israel? By which, and the like places, we may sufficiently understand that God will not punish their deeds whose heart is right. The second out of the 29. of Isay 13. The Lord said, Forasmuch as this people draw near me with their mouth, and with their lips doe honour me, but have removed their heart far from me, therefore I will proceed, &c. Mat. 5. 20. Except your righteousnesse shall exceed the righteousnesse of the Scribes and Pharisees ye shall in no case enter into the Kingdom of Heaven; and in the following verses our Saviour explains to them how that the commands of God are broken, not by Deeds only, but also by the Will; for the Scribes and Pharises did in outward act observe the Law most exactly, but for Glories sake onely; else they would as readily have broken it. There are innumerable places of Scripture in which is most manifestly declar'd that God accepts the Will for the Deed, and that as well in good, as in evill actions.

      XXII. That the Law of Nature is easily kept, Christ himself declares in the 11. Chapter of Saint Matthew 28, 29, 30. Come unto me, &c. Take my yoke upon you, and learn of me, &c. for my yoke is easie, and my burthen light.

      XXIII. Lastly, the Rule by which I said any man might know whether what he was doing, were contrary to the Law, or not, to wit, what thou wouldst not be done to, doe not that to another, is almost in the self same words delivered by our Saviour, Mat. 7. 12. Therefore all things whatsoever ye would that men should do unto you, do you even so to them.

      XXIV. As the law of nature is all of it Divine, so the Law of Christ by conversion, (which is wholly explain'd in the 5, 6, and 7. Chapter of S. Matthewes Gospell) is all of it also (except that one Commandement of not marrying her who is put away for adultery, which Christ brought for explication of the divine positive Law, against the Jewes, who did not rightly interpret the Mosaicall Law) the doctrine of Nature: I say the whole Law of Christ is explain'd in the fore-named Chapters, not the whole Doctrine of Christ; for Faith is a part of Christian Doctrine, which is not comprehended under the title of a Law; for Lawes are made, and given, in reference to such actions as follow our will, not in order to our Opinions, and, Belief which being out of our power, follow not the Will.

      Chapter V

      Of the causes, and first begining of civill Government

      Table of Contents

      I. It is of it selfe manifest, that

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