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liberty-第12章

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him that is Omniscient against those; who therefore usually break their trust; because they hope that no man shall see them。

Chap。 III。

Of the other Lawes of Nature。


    I。 Another of the Lawes of Nature is; to performe Contracts; or to keep trust; for it hath been shewed in the foregoing Chapter that the Law of Nature commands every man; as a thing necessary; to obtain Peace; to conveigh certain rights from each to other; and that this (as often as it shall happen to be done) is called a Contract: But this is so farre forth onely conducible to peace; as we shall performe Our selves; what we contract with others; shall be done; or omitted; and in vaine would Contracts be made; unlesse we stood to them。 Because therefore; to stand to our Covenants; Or to keep faith; is a thing necessary for the obtaining of peace; it will prove by the second Article of the second Chapter to be a precept of the naturall Law。     II。 Neither is there in this matter; any exception of the persons; with whom we Contract; as if they keep no faith with others; Or hold; that none ought to be kept; or are guilty of any other kind of vice: for he that Contracts; in that he doth contract; denies that action to be in vaine; and it is against reason for a knowing man to doe a thing in vain; and if he think himself not bound to keep it; in thinking so; he affirms the Contract to be made in vain: He therefore; who Contracts with one with whom he thinks he is not bound to keep faith; he doth at once think a Contract to be a thing done in vaine; and not in vaine; which is absurd。 Either therefore we must hold trust with all men; or else not bargain with them; that is; either there must be a declared Warre; Or a sure and faithfull Peace。     III。 The breaking of a Bargain; as also the taking back of a gift; (which ever consists in some action; Or omission) is called an INJURY: But that action; or omission; is called unjust; insomuch as an injury; and an unjust action; or omission; signifie the same thing; and both are the same with breach of Contract and trust: And it seemes the word Iniury came to be given to any action; or omission; because they were without Right。 He that acted; or omitted; having before conveyed bis Right to some other。 And there is some likenesse between that; which in the common course of life we call Injury; and that; which in the Schools is usually called absurd。 For even as he; who by Arguments is driven to deny the Assertion which he first maintain'd; is said to be brought to an absurdity; in like manner; he who through weaknesse of mind does; or omits that which before he had by Contract promis'd not to doe; or omit; commits an Injury; and falls into no lesse contradiction; then he; who in the Schools is reduc'd to an Absurdity。 For by contracting for some future action; he wills it done; by not doing it; he wills it not done; which is to will a thing done; and not done at the same time; which is a contradiction。 An Injury therefore is a kind of absurdity in conversation; as an absurdity is a kind of injury in disputation。     IV。 From these grounds it followes; that an injury can be done to no man but him with whom we enter Covenant; or to whom somewhat is made over by deed of gift; or to whom somwhat is promis'd by way of bargain。 And therefore damaging and injuring are often disjoyn'd: for if a Master command his Servant; who hath promis'd to obey him; to pay a summe of money; or carry some present to a third man; the Servant; if he doe it not; hath indeed damag'd this third party; but he injur'd his Master onely。 So also in a civill government; if any man offend another; with whom he hath made no Contract; he damages him to whom the evill is done; but he injures none but him to whom the power of government belongs: for if he; who receives the hurt; should expostulate the mischief。 and he that did it; should answer thus; What art thou to me? Why should I rather doe according to yours; then mine owne will; since I do not hinder; but you may do your own; and not my mind? In which speech; where there hath no manner of pre…contract past; I see not; I confesse; what is reprehensible。     Injury can be done against no man' The word injustice relates to some Law: Injury to some Person; as well as some Law。 For what's unjust; is unjust to all; but there may an injury be done; and yet not against me; nor thee; but some other; and sometimes against no private Person; but the Magistrate only; sometimes also neither against the Magistrate; nor any private man; but onely against God; for through Contract; and conveighance of Right; we say; that an injury is done against this; or that man。 Hence it is (which we see in all kind of Government) that what private men contract between themselves by word; or writing; is releast againe at the will of the Obliger。 But those mischiefes which are done against the Lawes of the Land; as theft; homicide; and the like; are punisht not as he wills; to whom the hurt is done; but according to the will of the Magistrate; that is; the constituted Lawes。     V。 These words just; and unjust; as also justice; and injustice; are equivocall; for they signifie one thing when they are attributed to Persons; another when to actions: When they are attributed to Actions; Just signifies as much as what's done with Right; and unjust; as what's done with injury: he who hath done some just thing is not therefore said to be a just Person; but guiltlesse; and he that hath done some unjust thing; we doe not therefore say he is an unjust; but guilty man。 But when the words are applyed to Persons; to be just; signifies as much as to be delighted in just dealing; to study how to doe righteousnesse; or to indeavour in all things to doe that which is just; and to be unjust; is to neglect righteous dealing; or to think it is to be measured not according to my contract; but some present benefit; so as the justice or injustice of the mind; the intention; or the man; is one thing; that of an action; or omission; another; and innumerable actions of a just man may be unjust; and of an unjust man; just: But that man is to be accounted just; who doth just things because the Law commands it; unjust things only by reason of his infirmity; and he is properly said to be unjust who doth righteousness for fear of the punishment annext unto the Law; and unrighteousnesse by reason of the iniquity of his mind。     VI。 The justice of actions is commonly distinguisht into two kinds; Commutative; and Distributive; the former whereof they say consists in Arithmeticall; the latter in Geometricall proportion: and that is conversant in exchanging; in buying; selling; borrowing; lending; location; and conduction; and other acts whatsoever belonging to Contracters; where; if there be an equall return made; hence they say springs a commutative justice: But this is busied about the dignity; and merits of men; so as if there be rendred to every man kata pen axian more to him who is more worthy; and lesse to him that deserves lesse; and that proportionably; hence they say ariseth distributive justice: I acknowledge here some certaine distinction of equality; to wit; that one is an equality simply so called; as when two things of equall value are compar'd tog
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