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liberty-第13章

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o 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; is commonly said to be uselesse; and troublesome unto others。 Now; because each one not by Right onely; but even by naturall necessity is suppos'd; with all his main might; to intend the procurement of those things which are necessary to his own preservation; if any man will contend on the other side for superfluities; by his default there will arise a Warre; because that on him alone there lay no necessity of contending; he therefore acts against the fundamentall Law of Nature: Whence it followes (which wee were to shew) that it is a precept of nature; That every man accommodate himselfe to others。 But he who breaks this Law may be called uselesse; and troublesome。 Yet Cicero opposeth inhumanity to this usefulnesse; as having regard to this very Law。     X。 The fift precept of the Law of nature is: That we must forgive him who repents; and asketh pardon for what is past; having first taken caution for the time to come。 The pardon of what is past; or the remission of an offence; is nothing else but the granting of Peace to him that asketh it; after he hath warr'd against us; & now is become penitent。 But Peace granted to him that repents not; that is; to him that retains an hostile mind; or that gives not caution for the future; that is; seeks not Peace; but oportunity; is not properly Peace but feare; and therefore is not commanded by nature。 Now to him that will not pardon the penitent; and that gives future caution; peace it selfe it seems is not pleasing; which is contrary to the naturall Law。     XI。 The sixth precept of the naturall Law is; That in revenge。 and punishments we must have our eye not at the evill past; but the future good。 That is: It is not lawfull to inflict punishment for any other end; but that the offender may be corrected; or that others warned by his punishment may become better。 But this is confirmed chiefly from hence; that each man is bound by the law of nature to forgive one another; provided he give caution for the future; as hath been shewed in the foregoing Article。 Furthermore; because revenge; if the time past be onely considered; is nothing else but a certain triumph; and glory of minde; which points at no end; (for it contemplates onely what is past; but the end is a thing to come) but that which is directed to no end is vain; That revenge therefore which regards not the future; proceeds from vaine glory; and therefore without reason。 But to hurt another without reason introduces a warre; and is contrary to the fundamentall Law of Nature; It is therefore a precept of the Law of nature; that in revenge wee look not backwards but forward。 Now the breach of this Law; is commonly called CRUELTY。     XII。 But because all signes of hatred; and contempt provoke most of all to brawling and fighting; insomuch as most men would rather lose their lives; (that I say not their Peace) then suffer reproach; it followes in the seventh place; That it is prescribed by the Law of nature; that no man either by deeds; or words; countenance; or laughter; doe declare himselfe to hate; or scorne another。 The breach of which Law is called Reproach。 But although nothing be more frequent then the scoffes and je
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