The Elements of Law Natural and Politic [38]
of those that are rich, towards them that are not? or of those that sit in place of judicature, towards those that are accused at the bar? although to grieve them in that manner, be no part of the punishment for their crime, nor contained in their office; but use hath prevailed, that what was lawful in the lord towards the servant whom he maintaineth, is also practised as lawful in the more mighty towards the less; though they contribute nothing towards their maintenance. 12. It is also a law of nature, That men allow commerce and traffic indifferently to one another. For he that alloweth that to one man, which he denieth to another, declareth his hatred to him, to whom he denieth; and to declare hatred is war. And upon this title was grounded the great war between the Athenians and the Peloponnesians. For would the Athenians have condescended to suffer the Megareans, their neighbours, to traffic in their ports and markets, that war had not begun. 13. And this also is a law of nature, That all messengers of peace, and such as are employed to procure and maintain amity between man and man, may safely come and go. For seeing peace is the general law of nature, the means thereto, such as are these men, must in the same law be comprehended.
Chapter 17
Other Laws of Nature
1. The question, which is the better man, is determinable only in the estate of government and policy, though it be mistaken for a question of nature, not only by ignorant men, that think one man's blood better than another's by nature; but also by him, whose opinions are at this day, and in these parts of greater authority than any other human writings (Aristotle). For he putteth so much difference between the powers of men by nature, that he doubteth not to set down, as the ground of all his politics, that some men are by nature worthy to govern, and others by nature ought to serve. Which foundation hath not only weakened the whole frame of his politics, but hath also given men colour and pretences, whereby to disturb and hinder the peace of one another. For though there were such a difference of nature, that master and servant were not by consent of men, but by inherent virtue; yet who hath that eminency of virtue, above others, and who is so stupid as not to govern himself, shall never be agreed upon amongst men; who do every one naturally think himself as able, at the least, to govern another, as another to govern him. And when there was any contention between the finer and the coarser wits, (as there hath been often in times of sedition and civil war) for the most part these latter carried away the victory and as long as men arrogate to themselves more honour than they give to others, it cannot be imagined how they can possibly live in peace: and consequently we are to suppose, that for peace sake, nature hath ordained this law, That every man acknowledge other for his equal. And the breach of this law, is that we call PRIDE. 2. As it was necessary that a man should not retain his right to every thing, so also was it, that he should retain his right to some things: to his own body (for example) the right of defending, whereof he could not transfer. to the use of fire, water, free air, and place to live in, and to all things necessary for life. Nor doth the law of nature command any divesting of other rights, than of those only which cannot be retained without the loss of peace. Seeing then many rights are retained, when we enter into peace one with another, reason and the law of nature dictateth, Whatsoever right any man requireth to retain, he allow every other man to retain the same. For he that doth not so, alloweth not the equality mentioned in the former section. For there is no acknowledgement of the equality of worth, without attribution of the equality of benefit and respect. And this allowance of aequalia aequalibus, is the same thing with the allowing of proportionalia proportionalibus. For when a man alloweth to every man alike, the allowance he maketh will be in the same proportion, in which are the numbers of men
Chapter 17
Other Laws of Nature
1. The question, which is the better man, is determinable only in the estate of government and policy, though it be mistaken for a question of nature, not only by ignorant men, that think one man's blood better than another's by nature; but also by him, whose opinions are at this day, and in these parts of greater authority than any other human writings (Aristotle). For he putteth so much difference between the powers of men by nature, that he doubteth not to set down, as the ground of all his politics, that some men are by nature worthy to govern, and others by nature ought to serve. Which foundation hath not only weakened the whole frame of his politics, but hath also given men colour and pretences, whereby to disturb and hinder the peace of one another. For though there were such a difference of nature, that master and servant were not by consent of men, but by inherent virtue; yet who hath that eminency of virtue, above others, and who is so stupid as not to govern himself, shall never be agreed upon amongst men; who do every one naturally think himself as able, at the least, to govern another, as another to govern him. And when there was any contention between the finer and the coarser wits, (as there hath been often in times of sedition and civil war) for the most part these latter carried away the victory and as long as men arrogate to themselves more honour than they give to others, it cannot be imagined how they can possibly live in peace: and consequently we are to suppose, that for peace sake, nature hath ordained this law, That every man acknowledge other for his equal. And the breach of this law, is that we call PRIDE. 2. As it was necessary that a man should not retain his right to every thing, so also was it, that he should retain his right to some things: to his own body (for example) the right of defending, whereof he could not transfer. to the use of fire, water, free air, and place to live in, and to all things necessary for life. Nor doth the law of nature command any divesting of other rights, than of those only which cannot be retained without the loss of peace. Seeing then many rights are retained, when we enter into peace one with another, reason and the law of nature dictateth, Whatsoever right any man requireth to retain, he allow every other man to retain the same. For he that doth not so, alloweth not the equality mentioned in the former section. For there is no acknowledgement of the equality of worth, without attribution of the equality of benefit and respect. And this allowance of aequalia aequalibus, is the same thing with the allowing of proportionalia proportionalibus. For when a man alloweth to every man alike, the allowance he maketh will be in the same proportion, in which are the numbers of men