Liberty [21]
of equality; to wit, that one is an equality simply so called, as when two things of equall value are compar'd together, as a pound of silver with twelve ounces of the same silver; the other is an equality, secundum, quod as when a 1000 pound is 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,