XXIII.But when there is some controversie of the fact it selfe,to wit,whether that bee done or not,which is said to bee done,the naturall Law wills,that the Arbiter trust both Parties alike,that is,(because they affirm contradictories)that hee believe neither:He must therefore give credit to a third,or a third and fourth,or more,that he may be able to give judgement of the fact,as often as by other signes he cannot come to the knowledge of it.The 18.Law of nature therefore injoynes Arbiters,and Iudges of fact,That where firm and certain signes of the fact appear not,there they rule their sentence by such witnesses,as seem to be indifferent to both Parts.
XXIV.From the above declared definition of an Arbiter may be furthermore understood,That no contract or promise must Passe between him and the parties whose Iudge he is appointed,by vertue whereof he may be engaged to speak in favour of either part,nay,or be oblig'd to judge according to equity,or to pronounce such sentence as he shall truly judge to be equall.The Judge is indeed bound to give such sentence as he shall judge to be equall by the Law of Nature re-counted in the 15.Article.To the obligation of which Law nothing can be added by way of Compact.Such compact therefore would be in vain.Besides,if giving wrong judgement,he should contend for the equity of it,except such Compact be of no force,the Controversie would remain after Judgement given,which is contrary to the constitution of an Arbiter,who is so chosen,as both parties have oblig'd themselves to stand to the judgement which he should pronounce.
The Law of Nature therefore commands the Judge to be dis-engaged,which is its 19precept.
XXV.Farthermore,forasmuch as the Lawes of Nature are nought else but the dictates of Reason,so as,unlesse a man endeavour to preserve the faculty of right reasoning,he cannot observe the Lawes of Nature,it is manifest,that he,who knowingly,or willingly,doth ought,whereby the rationall faculty may be destroyed,or weakned,he knowingly,and willingly,breaks the Law of nature:For there is no difference between a man who performes not his Duty,and him who does such things willingly,as make it impossible for him to doe it.But they destroy and weaken the reasoning faculty,who doe that which disturbs the mind from its naturall state;that which most manifestly happens to Drunkards and Gluttons;we therefore sin in the 20place against the Law of Nature by Drunkennesse.
XXVI.Perhaps some man,who sees all these precepts of Nature deriv'd by a certain artifice from the single dictate of Reason advising us to look to the preservation,and safegard of our selves,will say,That the deduction of these Lawes is so hard,that it is not to be expected they will be vulgarly known,and therefore neither will they prove obliging:for Lawes,if they be not known,oblige not,nay,indeed are not Lawes.To this Ianswer,it's true,That hope,fear,anger,ambition,covetousnesse,vain glory,and other perturbations of mind,doe hinder a man so,as he cannot attaine to the knowledge of these Lawes,whilst those passions prevail in him:But there is no man who is not sometimes in a quiet mind;At that time therefore there is nothing easier for him to know,though he be never so rude and unlearn'd,then this only Rule,That when he doubts,whether what he is now doing to another,may be done by the Law of Nature,or not,he conceive himselfe to be in that others stead.Here instantly those perturbations which perswaded him to the fact,being now cast into the other scale,disswade him as much:And this Rule is not onely easie,but is Anciently celebrated in these words,Quod tibi fieri non vis,alteri ne feceris:Do not that to others,you would not have done to your self.
XXVII.But because most men,by reason of their perverse desire of present profit,are very unapt to observe these Lawes,although acknowledg'd by them,if perhaps some others more humble then the rest should exercise that equity and usefulnesse which Reason dictates,those not practising the same,surely they would not follow Reason in so doing;nor would they hereby procure themselves peace,but a more certain quick destruction,and the keepers of the Law become a meer prey to the breakers of it.It is not therefore to be imagin'd,that by Nature,(that is,by Reason)men are oblig'd to the exercise of all these Lawes in that state of men wherein they are not practis'd by others.We are oblig'd yet in the interim to a readinesse of mind to observe them whensoever their observation shall seeme to conduce to the end for which they were ordain'd.We must therefore conclude,that the Law of Nature doth alwayes,and every where oblige in the internall Court,or that of Conscience,but not alwayes in the externall Court,but then onely when it may be done with safety.
The exercise of all these Lawes]Nay among these Lawes some things there are,the omission whereof (provided it be done for Peace,or Self-preservation)seemes rather to be the fulfilling,then breach of the Naturall Law;for he that doth all things against those that doe all things,and plunders plunderers,doth equity;but on the other side,to doe that which in Peace is an handsome action,and becomming an honest man,is dejectednesse,and Poornesse of spirit,and a betraying of ones self in the time of War,But there are certain naturall Lawes,whose exercise ceaseth not even in the time of War it self;for I cannot understand what drunkennesse,or cruelty (that is,Revenge which respects not the future good)can advance toward Peace,or the preservation of any man.Briefly,in the state of nature,what's just,and unjust,is not to be esteem'd by the Actions,but by the Counsell,and Conscience of the Actor.That which is done out of necessity,out of endeavour for Peace,for the preservation of our selves,is done with Right;otherwise every damage done to a man would be a breach of the naturall Law,and an injury against God.
