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, 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 diverse men differ not only in their judgement 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 diverse 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, 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 shown 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.
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, 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.
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CHAPTER XVI OF PERSONS, AUTHORS, AND THINGS PERSONATED
A PERSON IS HE WHOSE WORDS OR ACTIONS ARE CONSIDERED, 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.
When they are considered as his own, then is he 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 Greeks have prosopon, 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: and from the stage hath been translated to any representer of speech and action, as well in tribunals as theatres. So that a person is the same that an actor is, both on the stage and in common conversation; and to personate is to act or represent himself or another; and he that acteth another is said to bear his person, or act in his name (in which sense Cicero useth it where he says, Unus sustineo tres personas; mei, adversarii, et judicis- I bear three persons; my own, my adversary's, and the judge's), and is called in diverse occasions, diversely; as a representer, or representative, a lieutenant, a vicar, an attorney, a deputy, a procurator, an actor, and the like.
Of persons artificial, some have their words and actions owned by those whom they represent. And then the person is the actor, and he that owneth his words and actions is the author, in which case the actor acteth by authority. For that which in speaking of goods and possessions is called an owner, and in Latin dominus in Greek kurios; speaking of actions, is called author. And as the right of possession is called dominion so the right of doing any action is called authority. So that by authority is always understood a right of doing any act; and done by authority, done by commission or license from him whose right it is.
From hence it followeth that when the actor maketh a covenant by authority, he bindeth thereby the author no less than if he had made it himself; and no less subjecteth him to all the consequences of the same. And therefore all that hath been said formerly (Chapter XIV) of the nature of covenants between man and man in their natural capacity is true also when they are made by their actors, representers, or procurators, that have authority from them, so far forth as is in their commission, but no further.
And therefore he that maketh a covenant with the actor, or representer, not knowing the authority he hath, doth it at his own peril. For no man is obliged by a covenant whereof he is not author, nor consequently by a covenant made against or beside the authority he gave.
When the actor doth anything against the law of nature by command of the author, if he be obliged by former covenant to obey him, not he, but the author breaketh the law of nature: for though the action be against the law of nature, yet it is not his; but, contrarily, to refuse to do it is against the law of nature that forbiddeth breach of covenant.
And he that maketh a covenant with the author, by mediation of the actor, not knowing what authority he hath, but only takes his word; in case such authority be not made manifest unto him upon demand, is no longer obliged: for the covenant made with the author is not valid without his counter-assurance. But if he that so covenanteth knew beforehand he was to expect no other assurance than the actor's word, then is the covenant valid, because the actor in this case maketh himself the author. And therefore, as when the authority is evident, the covenant obligeth the author, not the actor; so when the authority is feigned, it obligeth the actor only, there being no author but himself.
There are few things that are incapable of being represented by fiction. Inanimate things, as a church, a hospital, a bridge, may be personated by a rector, master, or overseer. But things inanimate cannot be authors, nor therefore give authority to their actors: yet the actors may have authority to procure their maintenance, given them by those that are owners or governors of those things. And therefore such things cannot be personated before there be some state of civil government.
Likewise children, fools, and madmen that have no use of reason may be personated by guardians, or curators, but can be no authors during that time of any action done by them, longer than (when they shall recover the use of reason) they shall judge the same reasonable. Yet during the folly he that hath right of governing them may give authority to the guardian. But this again has no place but in a state civil, because before such estate there is no dominion of persons.
An idol, or mere figment of the brain, may be personated, as were the gods of the heathen, which, by such officers as the state appointed, were personated, and held possessions, and other goods, and rights, which men from time to time dedicated and consecrated unto them. But idols cannot be authors: for an idol is nothing. The authority proceeded from the state, and therefore before introduction of civil government the gods of the heathen could not be personated.
The true God may be personated. As He was: first, Moses, who governed the
