The art of rhetoric, with A discourse of the laws of England by Thomas Hobbes of Malmesbury.

CHAP. XIV.

Of those things which are necessary to be known for the Definition of Just and Unjust.

WHen the fact is evident, the next In∣quiry is, whether it be Just, or Vnjust.

For the Definition of Just and Vnjust, we must know what Law is; that is, what the Law of Nature, what the Law of Nations; what the Law Civil, what written Law, and what unwritten Law is: and what Persons, that is, what a publick Person, or the City is; and what a private Person, or Citizen is.

Vnjust in the opinion of all men, is that which is contrary to the Law of Nature.

Vnjust in the opinion of all men of those Nations which traffick and come together, is that which is contrary to the Law common to those Nations.

Vnjust only in one Common-wealth, is that which is contrary to the Law Civil, or Law of that Common-wealth.

He that is accused to have done any thing against the Publick, or a private Person, is accused to do it either ignorantly, or unwil∣lingly, or in anger, or upon premeditation.

And because the Defendant does many times confess the fact, but deny the unjustice; as that he took, but did not steal; and did, but not adultery; it is necessary to know the Definitions of Theft, Adultery, and all other crimes.

What facts are contrary to the written Laws, may be known by the Laws them∣selves.

Besides written Laws, whatsoever is Just, proceeds from Equity, or Goodness.

From Goodness proceeds that which we are praised, or honoured for.

From Equity proceed those actions, which though the written Law command not, yet being interpreted reasonably, and supplyed, seems to require at our hands.

Actions of Equity are such as these.

Not too rigorously to punish Errors, Mis∣chances, or Injuries.

To pardon the faults that adhere to Man∣kind.

And not to consider the Law so much, as the Law-makers mind; and not the Words so much, as the meaning of the Law.

And not to regard so much the Fact, as the intention of the Doer; nor part of the Fact, but the Whole; nor what the Doer is, but what he has been always, or for the most part.

And to remember better the Good receiv∣ed, than the Ill.

And to endure injuries patiently.

And to submit rather to the sentence of a Judge, than of the Sword.

And to the sentence of an Arbitrator, ra∣ther than of a Judge.