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
19. The fourteenth precept of the law of nature is, _that safety
must be assured to the mediators for peace_. For the reason which
commands the end, commands also the means necessary to the end. But
the first dictate of reason is peace; all the rest are means to
obtain it, and without which peace cannot be had. But neither can
peace be had without mediation, nor mediation without safety. It is
therefore a dictate of reason, that is, a law of nature, that we
must give all security to the mediators for peace.
[Sidenote: The fifteenth law, of appointing an umpire.]
20. Furthermore because, although men should agree to make all these
and whatsoever other laws of nature, and should endeavour to keep
them, yet doubts and controversies would daily arise concerning the
application of them unto their actions, to wit, whether what was
done were against the law or not, which we call the question of
right; whence will follow a fight between parties, either-sides
supposing themselves wronged: it is therefore necessary to the
preservation of peace, because in this case no other fit remedy can
possibly be thought on, that both the disagreeing parties refer the
matter unto some third, and oblige themselves by mutual compacts to
stand to his judgment in deciding the controversy. And he to whom
they thus refer themselves, is called an arbiter. It is therefore
the fifteenth precept of the natural law, _that both parties
disputing concerning the matter of right, submit themselves unto the
opinion and judgment of some third_.
[Sidenote: The sixteenth law, that no man be judge in his own
cause.]
21. But from this ground, that an arbiter or judge is chosen by the
differing parties to determine the controversy, we gather that the
arbiter must not be one of the parties. For every man is presumed to
seek what is good for himself naturally, and what is just only for
peace sake and accidentally; and therefore cannot observe that same
equality commanded by the law of nature, so exactly as a third man
would do. It is therefore in the sixteenth place contained in the
law of nature, _that no man must be judge or arbiter in his own
cause_.
[Sidenote: The seventeenth law, that arbiters must be without all
hope of reward from the parties whose cause is to be
judged.]
22. From the same ground follows in the seventeenth place, _that no
man must be judge, who propounds unto himself any hope of profit or
glory from the victory of either part_: for the like reason sways
here, as in the foregoing law.
[Sidenote: The eighteenth law, of witnesses.]