The English works of Thomas Hobbes of Malmesbury, Volume 02 (of 11) — Thomas Hobbes — John Shaqi
The English works of Thomas Hobbes of Malmesbury, Volume 02 (of 11)
Thomas Hobbes · en
15. In the tenth place it is commanded by the law of nature, _that
every man in dividing right to others, shew himself equal to either
party_. By the foregoing law we are forbidden to assume more right
by nature to ourselves, than we grant to others. We may take less if
we will; for that sometimes is an argument of modesty. But if at any
time matter of right be to be divided by us unto others, we are
forbidden by this law to favour one more or less than another. For
he that by favouring one before another observes not this natural
equality, reproaches him whom he thus undervalues: but it is
declared above, that a reproach is against the laws of nature. The
observance of this precept is called _equity_; the breach, _respect
of persons_. The Greeks in one word term it προσωποληψία.
[Sidenote: The eleventh law, of things to be had in common.]
16. From the foregoing law is collected this eleventh, _those things
which cannot be divided, must be used in common if they can, and if
the quantity of the matter permit, every man as much as he lists;
but if the quantity permit not, then with limitation, and
proportionally to the number of the users_. For otherwise that
equality can by no means be observed, which we have showed in the
foregoing article to be commanded by the law of nature.
[Sidenote: The twelfth law, of things to be divided by lot.]
17. Also what cannot be divided nor had in common, it is provided by
the law of nature, which may be the twelfth precept, _that the use
of that thing be either by turns, or adjudged to one only by lot;
and that in the using it by turns, it be also decided by lot, who
shall have the first use of it_. For here also regard is to be had
unto equality: but no other can be found but that of lot.
[Sidenote: The thirteenth law, of birthright and first possession.]
18. But all lot is twofold, _arbitrary_ or _natural_.
_Arbitrary_ is that which is cast by the consent of the contenders,
and it consists in mere chance, as they say, or fortune. _Natural_
is primogeniture, in Greek κληρονομια, as it were, given by lot; or
first possession. Therefore the things which can neither be divided
nor had in common, must be granted to the first possessor; as also
those things which belonged to the father are due to the son, unless
the father himself have formerly conveyed away that right to some
other. Let this therefore stand for the thirteenth law of nature.
[Sidenote: The fourteenth law, of the safety of those who are
mediators for peace.]