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
23. But when there is some controversy of the fact itself, to wit,
whether that be done or not which is said to be done, the natural
law wills that the arbiter trust both parties alike, that is,
because they affirm contradictories, that he believe neither. He
must therefore give credit to a third, or a third and fourth, or
more, that he may be able to give judgment of the fact, as often as
by other signs he cannot come to the knowledge of it. The eighteenth
law of nature therefore enjoins arbiters and judges of fact, _that
where firm and certain signs of the fact appear not, there they rule
their sentence by such witnesses as seem to be indifferent to both
parts_.
[Sidenote: The nineteenth law, that no contract is to be made with
the judge.]
24. From the above declared definition of an arbiter may be
furthermore understood, _that no contract or promise must pass
between him and the parties whose judge he is appointed, by virtue
whereof he may be engaged to speak in favour of either part, nay, or
be obliged to judge according to equity, or to pronounce such
sentence as he shall truly judge to be equal_. The judge is indeed
bound to give such sentence as he shall judge to be equal, by the
law of nature recounted in the 15th 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 judgment he
should contend for the equity of it, except such compact be of no
force, the controversy would remain after judgment given: which is
contrary to the constitution of an arbiter, who is so chosen, as
both parties have obliged themselves to stand to the judgment which
he should pronounce. The law of nature therefore commands the judge
to be disengaged, which is its nineteenth precept.
[Sidenote: The twentieth law, against gluttony and such things as
hinder the use of reason.]
25. Furthermore, forasmuch as the laws of nature are nought else but
the dictates of reason; so as, unless a man endeavour to preserve
the faculty of right reasoning, he cannot observe the laws of
nature; it is manifest, that he who knowingly or willingly doth
aught whereby the rational faculty may be destroyed or weakened, he
knowingly and willingly breaks the law of nature. For there is no
difference between a man who performs not his duty, and him who does
such things willingly as make it impossible for him to do it. But
they destroy and weaken the reasoning faculty, who do that which
disturbs the mind from its natural state; that which most manifestly
happens to drunkards, and gluttons. We therefore sin, in the
twentieth place, against the law of nature by drunkenness.
[Sidenote: The rule by which a man may presently know, whether what
he is about to act be against the law of nature or not.]