The Elements of Law Natural and Politic
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第32章 Chapter 16 Some of the Laws of Nature(2)

6. It happeneth many times that a man benefitteth or contributeth to the power of another, without any covenant, but only upon confidence and trust of obtaining the grace and favour of that other, whereby he may procure a greater, or no less benefit or assistance to himself. For by necessity of nature every man doth in all his voluntary actions intend some good unto himself. In this case it is a law of nature, That no man suffer him, that thus trusteth to his charity, or good affection towards him, to be in the worse estate for his trusting. For if he shall so do, men will not dare to confer mutually to each other's defence, nor put themselves into each other's mercy upon any terms whatsoever. but rather abide the utmost and worst event of hostility. by which general diffidence, men will not only be enforced to war, but also afraid to come so much within the danger of one another, as to make any overture of peace. But this is to be understood of those only, that confer their benefits (as I have said) upon trust only, and not for triumph or ostentation.

For as when they do it upon trust, the end they aimed at, namely to be well used, is the reward; so also when they do it for ostentation, they have the reward in themselves.

7. But seeing in this case there passeth no covenant, the breach of this law of nature is not to be called injury; it hath another name (viz.) INGRARITUDE.

8. It is also a law of nature, That every man do help and endeavour to accommodate each other, as far as may be without danger of their persons, and loss of their means, to maintain and defend themselves. For seeing the causes of war and desolation proceed from those passions, by which we strive to accommodate ourselves, and to leave others as far as we can behind us: it followeth that that passion by which we strive mutually to accommodate each other, must be the cause of peace. And this passion is that charity defined chap. IX, sect. 17.

9. And in this precept of nature. is included and comprehended also this, That a man forgive and pardon him that hath done him wrong, upon his repentance, and caution for the future. For PARDON is peace granted to him, that (having provoked to war) demandeth it. It is not therefore charity, but fear, when a man giveth peace to him that repenteth not, nor giveth caution for maintaining thereof in the time to come. For he that repenteth not, remaineth with the affection of an enemy; as also doth he that refuseth to give caution, and consequently is presumed not to seek after peace, but advantage. And therefore to forgive him is not commanded in this law of nature, nor is charity, but may sometimes be prudence. Otherwise, not to pardon upon repentance and caution, considering men cannot abstain from provoking one another, is never to give peace; and that is against the general definition of the law of nature.

10. And seeing the law of nature commandeth pardon when there is repentance, and caution for the future; it followeth that the same law ordaineth, That no revenge be taken upon the consideration only of the offence past, but of the benefit to come; that is to say, that all revenge ought to tend to amendment, either of the person offending, or of others, by the example of his punishment; which is sufficiently apparent, in that the law of nature commandeth pardon, where the future time is secured. The same is also apparent by this: that revenge when it considereth the offence past, is nothing else but present triumph and glory, and directeth to no end; for end implieth some future good; and what is directed to no end, is therefore unprofitable; and consequently the triumph of revenge, is vain glory: and whatsoever is vain, is against reason; and to hurt one another without reason, is contrary to that, which by supposition is every man's benefit, namely peace; and what is contrary to peace, is contrary to the law of nature.

11. And because all signs which we shew to one another of hatred and contempt, provoke in the highest degree to quarrel and battle (inasmuch as life itself, with the condition of enduring scorn, is not esteemed worth the enjoying, much less peace); it must necessarily be implied as a law of nature, That no man reproach, revile, deride, or any otherwise declare his hatred, contempt, or disesteem of any other. But this law is very little practised. For what is more ordinary than reproaches 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.