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| nature : nature law: law Complete text of 61126637:Adhaerence To Custome, From Ignorance Of The nature Of Right And Wrong Ignorance of the causes, and originall constitution of Right, Equity, Law, and Justice, disposeth a man to make Custome and Example the rule of his actions; in such manner, as to think that Unjust which it hath been the custome to punish; and that Just, of the impunity and approbation whereof they can produce an Example, or (as the Lawyers which onely use the false measure of Justice barbarously call it) a Precedent; like little children, that have no other rule of good and evill manners, but the correction they receive from their Parents, and Masters; save that children are constant to their rule, whereas men are not so; because grown strong, and stubborn, they appeale from custome to reason, and from reason to custome, as it serves their turn; receding from custome when their interest requires it, and setting themselves against reason, as oft as reason is against them: Which is the cause, that the doctrine of Right and Wrong, is perpetually disputed, both by the Pen and the Sword: whereas the doctrine of Lines, and Figures, is not so; because men care not, in that subject what be truth, as a thing that crosses no mans ambition, profit, or lust Complete text of 61126775:A law Of nature What A law OF nature , (Lex Naturalis,) is a Precept, or generall Rule, found out by Reason, by which a man is forbidden to do, that, which is destructive of his life, or taketh away the means of preserving the same; and to omit, that, by which he thinketh it may be best preserved Complete text of 61126779:The Fundamental law Of nature And consequently it is a precept, or generall rule of Reason, "That every man, ought to endeavour Peace, as farre as he has hope of obtaining it; and when he cannot obtain it, that he may seek, and use, all helps, and advantages of Warre Complete text of 61126780:" The first branch, of which Rule, containeth the first, and Fundamentall law of nature ; which is, "To seek Peace, and follow it Complete text of 61126782:" The Second law Of nature From this Fundamentall law of nature , by which men are commanded to endeavour Peace, is derived this second law ; "That a man be willing, when others are so too, as farre-forth, as for Peace, and defence of himselfe he shall think it necessary, to lay down this right to all things; and be contented with so much liberty against other men, as he would allow other men against himselfe Complete text of 61126840:And therefore they that Vow any thing contrary to any law of nature , Vow in vain; as being a thing unjust to pay such Vow Complete text of 61126841:And if it be a thing commanded by the Law of nature , it is not the Vow, but the law that binds them Complete text of 61126849:For it is a Contract, wherein one receiveth the benefit of life; the other is to receive mony, or service for it; and consequently, where no other law (as in the condition, of meer nature ) forbiddeth the performance, the Covenant is valid Complete text of 61126884:OF OTHER LAWES OF nature The Third law Of nature , Justice From that law of nature , by which we are obliged to transferre to another, such Rights, as being retained, hinder the peace of Mankind, there followeth a Third; which is this, That Men Performe Their Covenants Made: without which, Covenants are in vain, and but Empty words; and the Right of all men to all things remaining, wee are still in the condition of Warre Complete text of 61126885:Justice And Injustice What And in this law of nature , consisteth the Fountain and Originall of JUSTICE Complete text of 61126907:Justice therefore, that is to say, Keeping of Covenant, is a Rule of Reason, by which we are forbidden to do any thing destructive to our life; and consequently a law of nature Complete text of 61126908:There be some that proceed further; and will not have the law of nature , to be those Rules which conduce to the preservation of mans life on earth; but to the attaining of an eternall felicity after death; to which they think the breach of Covenant may conduce; and consequently be just and reasonable; (such are they that think it a work of merit to kill, or depose, or rebell against, the Soveraigne Power constituted over them by their own consent Complete text of 61126910:Covenants Not Discharged By The Vice Of The Person To Whom Made Others, that allow for a law of nature , the keeping of Faith, do neverthelesse make exception of certain persons; as Heretiques, and such as use not to performe their Covenant to others: And this also is against reason Complete text of 61126936:Wherein, (being trusted by them that make him Arbitrator,) if he performe his Trust, he is said to distribute to every man his own: and his is indeed Just Distribution, and may be called (though improperly) Distributive Justice; but more properly Equity; which also is a law of nature , as shall be shewn in due place Complete text of 61126937:The Fourth law Of nature , Gratitude As Justice dependeth on Antecedent Covenant; so does Gratitude depend on Antecedent Grace; that is to say, Antecedent Free-gift: and is the fourth law of nature ; which may be conceived in this Forme, "That a man which receiveth Benefit from another of meer Grace, Endeavour that he which giveth it, have no reasonable cause to repent him of his good will Complete text of 61126938:" For no man giveth, but with intention of Good to himselfe; because Gift is Voluntary; and of all Voluntary Acts, the Object is to every man his own Good; of which if men see they shall be frustrated, there will be no beginning of benevolence, or trust; nor consequently of mutuall help; nor of reconciliation of one man to another; and therefore they are to remain still in the condition of War; which is contrary to the first and Fundamentall law of nature , which commandeth men to Seek Peace Complete text of 61126940:The Fifth, Mutuall accommodation, or Compleasance A fifth law of nature , is COMPLEASANCE; that is to say, "That every man strive to accommodate himselfe to the rest Complete text of 61126943:For seeing every man, not onely by Right, but also by necessity of nature , is supposed to endeavour all he can, to obtain that which is necessary for his conservation; He that shall oppose himselfe against it, for things superfluous, is guilty of the warre that thereupon is to follow; and therefore doth that, which is contrary to the fundamentall law of Nature, which commandeth To Seek Peace Complete text of 61126945:The Sixth, Facility To Pardon A sixth law of nature is this, "That upon caution of the Future time, a man ought to pardon the offences past of them that repenting, desire it Complete text of 61126946:" For PARDON, is nothing but granting of Peace; which though granted to them that persevere in their hostility, be not Peace, but Feare; yet not granted to them that give caution of the Future time, is signe of an aversion to Peace; and therefore contrary to the law of nature Complete text of 61126950:Besides, Revenge without respect to the Example, and profit to come, is a triumph, or glorying in the hurt of another, tending to no end; (for the End is alwayes somewhat to Come;) and glorying to no end, is vain-glory, and contrary to reason; and to hurt without reason, tendeth to the introduction of Warre; which is against the law of nature ; and is commonly stiled by the name of Cruelty Complete text of 61126951:The Eighth, Against Contumely And because all signes of hatred, or contempt, provoke to fight; insomuch as most men choose rather to hazard their life, than not to be revenged; we may in the eighth place, for a law of nature set down this Precept, "That no man by deed, word, countenance, or gesture, declare Hatred, or Contempt of another Complete text of 61126958:And therefore for the ninth law of nature , I put this, "That every man acknowledge other for his Equall by nature Complete text of 61126962:If in this case, at the making of Peace, men require for themselves, that which they would not have to be granted to others, they do contrary to the precedent law , that commandeth the acknowledgement of naturall equalitie, and therefore also against the law of nature Complete text of 61126965:The Eleventh Equity Also "If a man be trusted to judge between man and man," it is a precept of the law of nature , "that he deale Equally between them Complete text of 61126972:Then, The law of nature , which prescribeth Equity, requireth, "That the Entire Right; or else, (making the use alternate,) the First Possession, be determined by Lot Complete text of 61126973:" For equall distribution, is of the law of nature ; and other means of equall distribution cannot be imagined Complete text of 61126977:The Fifteenth, Of Mediators It is also a law of nature , "That all men that mediate Peace, be allowed safe Conduct Complete text of 61126981:And therefore it is of the law of nature , "That they that are at controversie, submit their Right to the judgement of an Arbitrator Complete text of 61126982:" The Seventeenth, No Man Is His Own Judge And seeing every man is presumed to do all things in order to his own benefit, no man is a fit Arbitrator in his own cause: and if he were never so fit; yet Equity allowing to each party equall benefit, if one be admitted to be Judge, the other is to be admitted also; & so the controversie, that is, the cause of War, remains, against the law of Nature Complete text of 61126984:And thus also the controversie, and the condition of War remaineth, contrary to the law of nature Complete text of 61126985:The Nineteenth, Of Witnesse And in a controversie of Fact, the Judge being to give no more credit to one, than to the other, (if there be no other Arguments) must give credit to a third; or to a third and fourth; or more: For else the question is undecided, and left to force, contrary to the law of nature Complete text of 61126987:There be other things tending to the destruction of particular men; as Drunkenness, and all other parts of Intemperance; which may therefore also be reckoned amongst those things which the law of nature hath forbidden; but are not necessary to be mentioned, nor are pertinent enough to this place Complete text of 61127022:But Not The Actor When the Actor doth any thing 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 Complete text of 61127058:Which Is Not To Be Had From The law Of nature : For the Lawes of nature (as Justice, Equity, Modesty, Mercy, and (in summe) Doing To Others, As Wee Would Be Done To,) if themselves, without the terrour of some Power, to cause them to be observed, are contrary to our naturall Passions, that carry us to Partiality, Pride, Revenge, and the like Complete text of 61127061:And in all places, where men have lived by small Families, to robbe and spoyle one another, has been a Trade, and so farre from being reputed against the Law of nature , that the greater spoyles they gained, the greater was their honour; and men observed no other Lawes therein, but the Lawes of Honour; that is, to abstain from cruelty, leaving to men their lives, and instruments of husbandry Complete text of 61127126:For Doctrine Repugnant to Peace, can no more be True, than Peace and Concord can be against the law of nature Complete text of 61127205:Or else the precedent Monarch, hath not at all taken order for such Tuition; And then the law of nature hath provided this sufficient rule, That the Tuition shall be in him, that hath by nature most interest in the preservation of the Authority of the Infant, and to whom least benefit can accrue by his death, or diminution Complete text of 61127219:But if there be none that can give the Soveraigntie, after the decease of him that was first elected; then has he power, nay he is obliged by the law of nature , to provide, by establishing his Successor, to keep those that had trusted him with the Government, from relapsing into the miserable condition of Civill warre Complete text of 61127275:But the question lyeth now in the state of meer nature ; where there are supposed no lawes of Matrimony; no lawes for the Education of Children; but the law of Nature, and the naturall inclination of the Sexes, one to another, and to their children Complete text of 61127406:For though the action be against the law of nature , as being contrary to Equitie, (as was the killing of Uriah, by David;) yet it was not an Injurie to Uriah; but to God Complete text of 61127407:Not to Uriah, because the right to doe what he pleased, was given him by Uriah himself; And yet to God, because David was Gods Subject; and prohibited all Iniquitie by the law of Nature Complete text of 61127503:By Letters Patents For though in the Institution or Acquisition of a Common-wealth, which is independent, there needs no Writing, because the Power of the Representative has there no other bounds, but such as are set out by the unwritten law of nature ; yet in subordinate bodies, there are such diversities of Limitation necessary, concerning their businesses, times, and places, as can neither be remembred without Letters, nor taken notice of, unlesse such Letters be Patent, that they may be read to them, and withall sealed, or testified, with the Seales, or other permanent signes of the Authority Soveraign Complete text of 61127648:It is true, that a Soveraign Monarch, or the greater part of a Soveraign Assembly, may ordain the doing of many things in pursuit of their Passions, contrary to their own consciences, which is a breach of trust, and of the law of nature ; but this is not enough to authorise any subject, either to make warre upon, or so much as to accuse of Injustice, or any way to speak evill of their Soveraign; because they have authorised all his actions, and in bestowing the Soveraign Power, made them their own Complete text of 61127649:But in what cases the Commands of Soveraigns are contrary to Equity, and the law of nature , is to be considered hereafter in another place Complete text of 61127713:For seeing the businesse of a Common-wealth is this, to preserve the people at home, and defend them against forraign Invasion, we shall find, it requires great knowledge of the disposition of Man-kind, of the Rights of Government, and of the nature of Equity, law , Justice, and Honour, not to be attained without study; And of the Strength, Commodities, Places, both of their own Country, and their Neighbours; as also of the inclinations, and designes of all Nations that may any way annoy them Complete text of 61127765:The law Of nature , And The Civill law Contain Each Other 4 Complete text of 61127766:The law of nature , and the Civill law , contain each other, and are of equall extent Complete text of 61127770:The law of Nature therefore is a part of the Civill law in all Common-wealths of the world Complete text of 61127771:Reciprocally also, the Civill law is a part of the Dictates of nature Complete text of 61127772:For Justice, that is to say, Performance of Covenant, and giving to every man his own, is a Dictate of the law of nature Complete text of 61127773:But every subject in a Common-wealth, hath covenanted to obey the Civill Law, (either one with another, as when they assemble to make a common Representative, or with the Representative it selfe one by one, when subdued by the Sword they promise obedience, that they may receive life;) And therefore Obedience to the Civill law is part also of the Law of nature Complete text of 61127775:But the Right of nature , that is, the naturall Liberty of man, may by the Civill law be abridged, and restrained: nay, the end of making Lawes, is no other, but such Restraint; without the which there cannot possibly be any Peace Complete text of 61127780:But if an unwritten law , in all the Provinces of a Dominion, shall be generally observed, and no iniquity appear in the use thereof; that law can be no other but a law of nature , equally obliging all man-kind Complete text of 61127803:And as those from whom nature , or Accident hath taken away the notice of all Lawes in generall; so also every man, from whom any accident, not proceeding from his own default, hath taken away the means to take notice of any particular law , is excused, if he observe it not; And to speak properly, that law is no law to him Complete text of 61127805:Unwritten Lawes Are All Of Them Lawes Of nature And first, if it be a law that obliges all the Subjects without exception, and is not written, nor otherwise published in such places as they may take notice thereof, it is a law of nature Complete text of 61127806:For whatsoever men are to take knowledge of for law , not upon other mens words, but every one from his own reason, must be such as is agreeable to the reason of all men; which no law can be, but the law of nature Complete text of 61127808:" Secondly, if it be a law that obliges only some condition of men, or one particular man and be not written, nor published by word, then also it is a law of nature ; and known by the same arguments, and signs, that distinguish those in such a condition, from other Subjects Complete text of 61127810:For example, if the Soveraign employ a Publique Minister, without written Instructions what to doe; he is obliged to take for Instructions the Dictates of Reason; As if he make a Judge, The Judge is to take notice, that his Sentence ought to be according to the reason of his Soveraign, which being alwaies understood to be Equity, he is bound to it by the Law of nature : Or if an Ambassador, he is (in al things not conteined in his written Instructions) to take for Instruction that which Reason dictates to be most conducing to his Soveraigns interest; and so of all other Ministers of the Soveraignty, publique and private Complete text of 61127812:The law of nature excepted, it belongeth to the essence of all other Lawes, to be made known, to every man that shall be obliged to obey them, either by word, or writing, or some other act, known to proceed from the Soveraign Authority Complete text of 61127828:And it is a Dictate of Naturall Reason, and consequently an evident law of nature , that no man ought to weaken that power, the protection whereof he hath himself demanded, or wittingly received against others Complete text of 61127832:The law Verifyed By The Subordinate Judge If therefore a man have a question of Injury, depending on the law of Nature; that is to say, on common Equity; the Sentence of the Judge, that by Commission hath Authority to take cognisance of such causes, is a sufficient Verification of the law of nature in that individuall case Complete text of 61127838:The Interpretation Of The law Dependeth On The Soveraign Power The Legislator known; and the Lawes, either by writing, or by the light of nature , sufficiently published; there wanteth yet another very materiall circumstance to make them obligatory Complete text of 61127839:For it is not the Letter, but the Intendment, or Meaning; that is to say, the authentique Interpretation of the law (which is the sense of the Legislator,) in which the nature of the law consisteth; And therefore the Interpretation of all Lawes dependeth on the Authority Soveraign; and the Interpreters can be none but those, which the Soveraign, (to whom only the Subject oweth obedience) shall appoint Complete text of 61127842:The unwritten law of nature , though it be easy to such, as without partiality, and passion, make use of their naturall reason, and therefore leaves the violators thereof without excuse; yet considering there be very few, perhaps none, that in some cases are not blinded by self love, or some other passion, it is now become of all Laws the most obscure; and has consequently the greatest need of able Interpreters Complete text of 61127845:The Authenticall Interpretation Of law Is Not That Of Writers The Interpretation of the Lawes of nature , in a Common-wealth, dependeth not on the books of Morall Philosophy Complete text of 61127847:That which I have written in this Treatise, concerning the Morall Vertues, and of their necessity, for the procuring, and maintaining peace, though it bee evident Truth, is not therefore presently law ; but because in all Common-wealths in the world, it is part of the Civill law : For though it be naturally reasonable; yet it is by the Soveraigne Power that it is law : Otherwise, it were a great errour, to call the Lawes of nature unwritten law ; whereof wee see so many volumes published, and in them so many contradictions of one another, and of themselves Complete text of 61127848:The Interpreter Of The law Is The Judge Giving Sentence Viva Voce In Every Particular Case The Interpretation of the law of nature , is the Sentence of the Judge constituted by the Soveraign Authority, to heare and determine such controversies, as depend thereon; and consisteth in the application of the law to the present case Complete text of 61127849:For in the act of Judicature, the Judge doth no more but consider, whither the demand of the party, be consonant to naturall reason, and Equity; and the Sentence he giveth, is therefore the Interpretation of the law of nature ; which Interpretation is Authentique; not because it is his private Sentence; but because he giveth it by Authority of the Soveraign, whereby it becomes the Soveraigns Sentence; which is law for that time, to the parties pleading Complete text of 61127853:For though a wrong Sentence given by authority of the Soveraign, if he know and allow it, in such Lawes as are mutable, be a constitution of a new law , in cases, in which every little circumstance is the same; yet in Lawes immutable, such as are the Lawes of nature , they are no Lawes to the same, or other Judges, in the like cases for ever after Complete text of 61127854:Princes succeed one another; and one Judge passeth, another commeth; nay, Heaven and Earth shall passe; but not one title of the law of nature shall passe; for it is the Eternall law of God Complete text of 61127856:For example sake, 'Tis against the law of nature , To Punish The Innocent; and Innocent is he that acquitteth himselfe Judicially, and is acknowledged for Innocent by the Judge Complete text of 61127858:I say therefore, that there is no place in the world, where this can be an interpretation of a law of nature , or be made a law by the Sentences of precedent Judges, that had done the same Complete text of 61127860:A written law may forbid innocent men to fly, and they may be punished for flying: But that flying for feare of injury, should be taken for presumption of guilt, after a man is already absolved of the crime Judicially, is contrary to the nature of a Presumption, which hath no place after Judgement given Complete text of 61127868:There be other things of this nature , wherein mens Judgements have been perverted, by trusting to Precedents: but this is enough to shew, that though the Sentence of the Judge, be a law to the party pleading, yet it is no law to any Judge, that shall succeed him in that Office Complete text of 61127877:He ought therefore, if the Word of the law doe not fully authorise a reasonable Sentence, to supply it with the law of nature ; or if the case be difficult, to respit Judgement till he have received more ample authority Complete text of 61127889:The things that make a good Judge, or good Interpreter of the Lawes, are, first A Right Understanding of that principall law of nature called Equity; which depending not on the reading of other mens Writings, but on the goodnesse of a mans own naturall Reason, and Meditation, is presumed to be in those most, that have had most leisure, and had the most inclination to meditate thereon Complete text of 61127916:Also, Unwritten Customes, (which in their own nature are an imitation of law ,) by the tacite consent of the Emperour, in case they be not contrary to the law of nature , are very Lawes Complete text of 61127933:For if the law declared, be not against the law of nature (which is undoubtedly Gods law ) and he undertake to obey it, he is bound by his own act; bound I say to obey it, but not bound to believe it: for mens beliefe, and interiour cogitations, are not subject to the commands, but only to the operation of God, ordinary, or extraordinary Complete text of 61127943:I conclude therefore, that in all things not contrary to the Morall law , (that is to say, to the law of Nature,) all Subjects are bound to obey that for divine law , which is declared to be so, by the Lawes of the Common-wealth Complete text of 61127944:Which also is evident to any mans reason; for whatsoever is not against the law of Nature, may be made law in the name of them that have the Soveraign power; and there is no reason men should be the lesse obliged by it, when tis propounded in the name of God Complete text of 61127947:For in whatsoever is not regulated by the Common-wealth, tis Equity (which is the law of nature , and therefore an eternall law of God) that every man equally enjoy his liberty Complete text of 61127955:For Right is Liberty, namely that Liberty which the Civil law leaves us: But Civill Law is an Obligation; and takes from us the Liberty which the law of Nature gave us Complete text of 61127956:nature gave a Right to every man to secure himselfe by his own strength, and to invade a suspected neighbour, by way of prevention; but the Civill law takes away that Liberty, in all cases where the protection of the Lawe may be safely stayd for Complete text of 61127978:But because the law of nature is eternall, Violation of Covenants, Ingratitude, Arrogance, and all Facts contrary to any Morall vertue, can never cease to be Sinne Complete text of 61127979:Secondly, that the Civill law ceasing, Crimes cease: for there being no other law remaining, but that of nature , there is no place for Accusation; every man being his own Judge, and accused onely by his own Conscience, and cleared by the Uprightnesse of his own Intention Complete text of 61127983:Ignorance Of The law Of nature Excuseth No Man The source of every Crime, is some defect of the Understanding; or some errour in Reasoning, or some sudden force of the Passions Complete text of 61127986:Ignorance of the law of nature Excuseth no man; because every man that hath attained to the use of Reason, is supposed to know, he ought not to do to another, what he would not have done to himselfe Complete text of 61127990:Ignorance Of The Civill law Excuseth Sometimes In the like manner, if the Civill law of a mans own Country, be not so sufficiently declared, as he may know it if he will; nor the Action against the law of nature ; the Ignorance is a good Excuse: In other cases ignorance of the Civill law , Excuseth not Complete text of 61127995:For the punishment foreknown, if not great enough to deterre men from the action, is an invitement to it: because when men compare the benefit of their Injustice, with the harm of their punishment, by necessity of nature they choose that which appeareth best for themselves; and therefore when they are punished more than the law had formerly determined, or more than others were punished for the same Crime; it the law that tempted, and deceiveth them Complete text of 61127996:Nothing Can Be Made A Crime By A law Made After The Fact No law , made after a Fact done, can make it a Crime: because if the Fact be against the law of nature , the law was before the Fact; and a Positive law cannot be taken notice of, before it be made; and therefore cannot be Obligatory Complete text of 61128000:False Teachers Mis-interpreting The law Of nature Secondly, by false Teachers, that either mis-interpret the law of nature , making it thereby repugnant to the law Civill; or by teaching for Lawes, such Doctrines of their own, or Traditions of former times, as are inconsistent with the duty of a Subject Complete text of 61128026:For (as I have shewn before in the second Chapter) Dreams be naturally but the fancies remaining in sleep, after the impressions our Senses had formerly received waking; and when men are by any accident unassured they have slept, seem to be reall Visions; and therefore he that presumes to break the law upon his own, or anothers Dream, or pretended Vision, or upon other Fancy of the power of Invisible Spirits, than is permitted by the Common-wealth, leaveth the law of nature , which is a certain offence, and followeth the imagery of his own, or another private mans brain, which he can never know whether it signifieth any thing, or nothing, nor whether he that tells his Dream, say true, or lye; which if every private man should have leave to do, (as they must by the law of nature , if any one have it) there could no law be made to hold, and so all Common-wealth would be dissolved Complete text of 61128030:Totall Excuses That which totally Excuseth a Fact, and takes away from it the nature of a Crime, can be none but that, which at the same time, taketh away the obligation of the law Complete text of 61128033:But the want of diligence to enquire, shall not be considered as a want of means; Nor shall any man, that pretendeth to reason enough for the Government of his own affairs, be supposed to want means to know the Lawes of nature ; because they are known by the reason he pretends to: only Children, and Madmen are Excused from offences against the law Naturall Complete text of 61128036:And supposing such a law were obligatory; yet a man would reason thus, "If I doe it not, I die presently; if I doe it, I die afterwards; therefore by doing it, there is time of life gained;" nature therefore compells him to the fact Complete text of 61128049:Praemeditation, Aggravateth A Crime arising from a sudden Passion, is not so great, as when the same ariseth from long meditation: For in the former case there is a place for Extenuation, in the common infirmity of humane nature : but he that doth it with praemeditation, has used circumspection, and cast his eye, on the law , on the punishment, and on the consequence thereof to humane society; all which in committing the Crime, hee hath contemned, and postposed to his own appetite Complete text of 61128079:For to kill ones Parent, is a greater Crime, than to kill another: for the Parent ought to have the honour of a Soveraign, (though he have surrendred his Power to the Civill law ,) because he had it originally by nature Complete text of 61128095:For the Subjects did not give the Soveraign that right; but onely in laying down theirs, strengthned him to use his own, as he should think fit, for the preservation of them all: so that it was not given, but left to him, and to him onely; and (excepting the limits set him by naturall law ) as entire, as in the condition of meer nature , and of warre of every one against his neighbour Complete text of 61128102:Hurt Inflicted, If Lesse Than The Benefit Of Transgressing, Is Not Punishment Seventhly, If the harm inflicted be lesse than the benefit, or contentment that naturally followeth the crime committed, that harm is not within the definition; and is rather the Price, or Redemption, than the Punishment of a Crime: Because it is of the nature of Punishment, to have for end, the disposing of men to obey the law ; which end (if it be lesse that the benefit of the transgression) it attaineth not, but worketh a contrary effect Complete text of 61128105:But where there is no Punishment at all determined by the law , there whatsoever is inflicted, hath the nature of Punishment Complete text of 61128127:The former, (though they may faile by nature , or accident,) cannot be taken away by a law ; and therefore the losse of them is not Punishment Complete text of 61128131:And therefore whatsoever hurt a man is made to suffer by bonds, or restraint, before his cause be heard, over and above that which is necessary to assure his custody, is against the law of nature Complete text of 61128139:The Punishment Of Innocent Subjects Is Contrary To The law Of nature All Punishments of Innocent subjects, be they great or little, are against the law of nature ; For Punishment is only of Transgression of the law , and therefore there can be no Punishment of the Innocent Complete text of 61128140:It is therefore a violation, First, of that law of nature , which forbiddeth all men, in their Revenges, to look at any thing but some future good: For there can arrive no good to the Common-wealth, by Punishing the Innocent Complete text of 61128143:But The Harme Done To Innocents In War, Not So But the Infliction of what evill soever, on an Innocent man, that is not a Subject, if it be for the benefit of the Common-wealth, and without violation of any former Covenant, is no breach of the law of nature Complete text of 61128152:For though men have no lawfull remedy, when they be commanded to quit their private businesse, to serve the publique, without Reward, or Salary; yet they are not bound thereto, by the law of nature , nor by the institution of the Common-wealth, unlesse the service cannot otherwise be done; because it is supposed the Soveraign may make use of all their means, insomuch as the most common Souldier, may demand the wages of his warrefare, as a debt Complete text of 61128178:" This is true in the condition of meer nature , where there are no Civill Lawes; and also under Civill Government, in such cases as are not determined by the Law Complete text of 61128249:OF THE OFFICE OF THE SOVERAIGN REPRESENTATIVE The Procuration Of The Good Of The People The OFFICE of the Soveraign, (be it a Monarch, or an Assembly,) consisteth in the end, for which he was trusted with the Soveraign Power, namely the procuration of the Safety Of The People; to which he is obliged by the law of nature , and to render an account thereof to God, the Author of that law , and to none but him Complete text of 61128256:For a Civill law , that shall forbid Rebellion, (and such is all resistance to the essentiall Rights of Soveraignty,) is not (as a Civill law ) any obligation, but by vertue onely of the law of nature , that forbiddeth the violation of Faith; which naturall obligation if men know not, they cannot know the Right of any law the Soveraign maketh Complete text of 61128300:The safety of the People, requireth further, from him, or them that have the Soveraign Power, that Justice be equally administred to all degrees of People; that is, that as well the rich, and mighty, as poor and obscure persons, may be righted of the injuries done them; so as the great, may have no greater hope of impunity, when they doe violence, dishonour, or any Injury to the meaner sort, than when one of these, does the like to one of them: For in this consisteth Equity; to which, as being a Precept of the law of nature , a Soveraign is as much subject, as any of the meanest of his People Complete text of 61128340:But Crimes of Infirmity; such as are those which proceed from great provocation, from great fear, great need, or from ignorance whether the Fact be a great Crime, or not, there is place many times for Lenity, without prejudice to the Common-wealth; and Lenity when there is such place for it, is required by the law of nature Complete text of 61128374:Concerning the Offices of one Soveraign to another, which are comprehended in that law , which is commonly called the law of Nations, I need not say any thing in this place; because the law of Nations, and the law of nature , is the same thing Complete text of 61128376:And the same law , that dictateth to men that have no Civil Government, what they ought to do, and what to avoyd in regard of one another, dictateth the same to Common-wealths, that is, to the Consciences of Soveraign Princes, and Soveraign Assemblies; there being no Court of Naturall Justice, but in the Conscience onely; where not Man, but God raigneth; whose Lawes, (such of them as oblige all Mankind,) in respect of God, as he is the Author of nature , are Naturall; and in respect of the same God, as he is King of Kings, are Lawes Complete text of 61128730:Their Authority And Interpretation As far as they differ not from the Laws of nature , there is no doubt, but they are the law of God, and carry their Authority with them, legible to all men that have the use of naturall reason: but this is no other Authority, then that of all other Morall Doctrine consonant to Reason; the Dictates whereof are Laws, not Made, but Eternall Complete text of 61128731:If they be made law by God himselfe, they are of the nature of written Law, which are Laws to them only to whom God hath so sufficiently published them, as no man can excuse himself, by saying, he know not they were his Complete text of 61129799:Who that one chief Pastor is, according to the law of nature , hath been already shewn; namely, that it is the Civill Soveraign; And to whom the Scripture hath assigned that Office, we shall see in the Chapters following Complete text of 61129896:Whereas Signs, and Miracles had for End to procure Faith, not to keep men from violating it, when they have once given it; for to that men are obliged by the law of nature Complete text of 61130171:If he say, he ought rather to suffer death, then he authorizeth all private men, to disobey their Princes, in maintenance of their Religion, true, or false; if he say, he ought to bee obedient, then he alloweth to himself, that which hee denyeth to another, contrary to the words of our Saviour, "Whatsoever you would that men should doe unto you, that doe yee unto them;" and contrary to the law of nature , (which is the indubitable everlasting law of God) "Do not to another, that which thou wouldest not he should doe unto thee Complete text of 61130324:For all Subjects are bound to be in the company and presence of their own Soveraign (when he requireth it) by the law of nature ; nor can they lawfully either expell him from any place of his own Dominion, whether profane or holy; nor go out of his Dominion, without his leave; much lesse (if he call them to that honour,) refuse to eat with him Complete text of 61130387:Before that time there was no written law of God, who as yet having not chosen any people to bee his peculiar Kingdome, had given no law to men, but the Law of nature , that is to say, the Precepts of Naturall Reason, written in every mans own heart Complete text of 61130398:There is no doubt but that they were made Laws by God himselfe: But because a Law obliges not, nor is law to any, but to them that acknowledge it to be the act of the Soveraign, how could the people of Israel that were forbidden to approach the Mountain to hear what God said to Moses, be obliged to obedience to all those laws which Moses propounded to them? Some of them were indeed the Laws of nature , as all the Second Table; and therefore to be acknowledged for Gods Laws; not to the Israelites alone, but to all people: But of those that were peculiar to the Israelites, as those of the first Table, the question remains; saving that they had obliged themselves, presently after the propounding of them, to obey Moses, in these words (Exod Complete text of 61130446:That the New Testament should in this sense be Canonicall, that is to say, a law in any place where the law of the Common-wealth had not made it so, is contrary to the nature of a law Complete text of 61130782:And of the three sorts, which is the best, is not to be disputed, where any one of them is already established; but the present ought alwaies to be preferred, maintained, and accounted best; because it is against both the law of Nature, and the Divine positive law , to doe any thing tending to the subversion thereof Complete text of 61131049:But by the law of nature (which is a better Principle of Right and Wrong, than the word of any Doctor that is but a man) the Civill Soveraign in every Common-wealth, is the Head, the Source, the Root, and the Sun, from which all Jurisdiction is derived Complete text of 61131105:For to every End, the Means are determined by nature , or by God himselfe supernaturally: but the Power to make men use the Means, is in every nation resigned (by the Law of nature , which forbiddeth men to violate their Faith given) to the Civill Soveraign Complete text of 61131126:For it is alwaies violation of faith, and consequently against the Law of nature , which is the eternal law of God Complete text of 61131191:And To What Laws But what Commandements are those that God hath given us? Are all those Laws which were given to the Jews by the hand of Moses, the Commandements of God? If they bee, why are not Christians taught to obey them? If they be not, what others are so, besides the law of nature ? For our Saviour Christ hath not given us new Laws, but Counsell to observe those wee are subject to; that is to say, the Laws of nature , and the Laws of our severall Soveraigns: Nor did he make any new law to the Jews in his Sermon on the Mount, but onely expounded the Laws of Moses, to which they were subject before Complete text of 61131384:And because he is a Soveraign, he requireth Obedience to all his owne, that is, to all the Civill Laws; in which also are contained all the Laws of nature , that is, all the Laws of God: for besides the Laws of nature , and the Laws of the Church, which are part of the Civill law , (for the Church that can make Laws is the Common-wealth,) there bee no other Laws Divine Complete text of 61131874:Seeing therefore there is no authority, neither in the law of Moses, nor in the Gospel, for the religious Worship of Images, or other Representations of God, which men set up to themselves; or for the Worship of the Image of any Creature in Heaven, or Earth, or under the Earth: And whereas Christian Kings, who are living Representants of God, are not to be worshipped by their Subjects, by any act, that signifieth a greater esteem of his power, than the nature of mortall man is capable of; It cannot be imagined, that the Religious Worship now in use, was brought into the Church, by misunderstanding of the Scripture Complete text of 61131920:For though they were called Synagogues, that is to say, Congregations of the People; yet in as much as the law was every Sabbath day read, expounded, and disputed in them, they differed not in nature , but in name onely from Publique Schools; and were not onely in Jerusalem, but in every City of the Gentiles, where the Jews inhabited Complete text of 61131928:For the rule of Manners, without Civill Government, is the law of nature ; and in it, the law Civill; that determineth what is Honest, and Dishonest; what is Just, and Unjust; and generally what is Good, and Evill: whereas they make the Rules of Good, and Bad, by their own Liking, and Disliking: By which means, in so great diversity of taste, there is nothing generally agreed on; but every one doth (as far as he dares) whatsoever seemeth good in his own eyes, to the subversion of Common-wealth Complete text of 61131937:So that by their Lectures and Disputations in their Synagogues, they turned the Doctrine of their law into a Phantasticall kind of Philosophy, concerning the incomprehensible nature of God, and of Spirits; which they compounded of the Vain Philosophy and Theology of the Graecians, mingled with their own fancies, drawn from the obscurer places of the Scripture, and which might most easily bee wrested to their purpose; and from the Fabulous Traditions of their Ancestors Complete text of 61131999:And yet is this Doctrine still practised; and men judge the Goodnesse, or Wickednesse of their own, and of other mens actions, and of the actions of the Common-wealth it selfe, by their own Passions; and no man calleth Good or Evill, but that which is so in his own eyes, without any regard at all to the Publique Laws; except onely Monks, and Friers, that are bound by Vow to that simple obedience to their Superiour, to which every Subject ought to think himself bound by the law of nature to the Civill Soveraign Complete text of 61132016:It is true, that the Civill Magistrate, intending to employ a Minister in the charge of Teaching, may enquire of him, if hee bee content to Preach such, and such Doctrines; and in case of refusall, may deny him the employment: But to force him to accuse himselfe of Opinions, when his Actions are not by law forbidden, is against the Law of nature ; and especially in them, who teach, that a man shall bee damned to Eternall and extream torments, if he die in a false opinion concerning an Article of the Christian Faith Complete text of 61132209:For I ground the Civill Right of Soveraigns, and both the Duty and Liberty of Subjects, upon the known naturall Inclinations of Mankind, and upon the Articles of the law of nature ; of which no man, that pretends but reason enough to govern his private family, ought to be ignorant |