Observations, censures, and confutations of notorious errours in Mr. Hobbes his Leviathan and other his bookes to which are annexed occasionall anim-adversions on some writings of the Socinians and such hæreticks of the same opinion with him / by William Lucy ...

Sect. 7.

He goe's on, [To speak properly, Commutative Ju∣stice is the Justice of a Contractor, that is, a Performance of Covenant in Buying and Selling, &c.] Thi•• I have shewed erroneous: see him again, [And Distributive Ju∣stice,

the Justice of an Arbitrator, that is to say, the act of defining what is Just; Wherein (beinst trusted by them who made him Arbitrator,) if he perform his Trust, he is sayd to distribute to every man his own:* 1.1] Here is one c••se put for twenty of a divers nature: It is is true, in such a case, an Arbitrator may doe an act of Distributive justice, as in dividing of an estate betwixt Wife and Children, and many other of such condition, when there ought to be a regard of differing relation, and necessi∣ty; but many times, in a Reference to an Arbitrator, the case may be clearly an act of Commutative justice; and, according to that justice, all the goods, contended for, must, to a peny, be assigned, according to an Arith∣metical proportion, without any consideration of several merits; and, in such a case, there is no distribution, to divers their own: So that the justice of an Arbitrator may be, according to the Case in which he is to arbi∣trate, either Commutative, or Distributive; what he adde's, that [This, which he had delivered before,) is Just Distribution; and may be called (though improperly) Distributive Justice] is hard to be apprehended;* 1.2 and how it should be, indeed, just distribution, yet impro∣perly Distributive justice, poseth me, and (I think) will him, to explain, unless he understand the first to be an act, the second a virtue or habit of justice, which is coun∣tenanced with no one phrase used by him; [but (saith he) more properly equity] why should he undertake not to cross the language received amongst the common people onely, but the community of learned men, with a bare affirmation? he must use it otherwise than all Authors before; Equity is a rule, by which men must walk in the acts of all justice; but the vertue is Justice, by which men deal equally, whether Arbitrator or pri∣vate

person.* 1.3 In this Treatise of Justice, you may dis∣cerne him to blame, in saying that [Writers divide Ju∣stice, into Commutative and Distributive,] in which he was mistaken; for Iustice is first divided into legall or Common justice, and particular; it is particular justice only which is divided into Commutative and Distributive; Secondly, he was to blame to deny, that Commutative justice is to be acted according to an arithmetical propor∣tion,* 1.4 measuring it onely by the things commuted; when he knowe's, that all Casuists allow twenty Circumstan∣ces, which may enhanse the price. Thirdly, he was mistaken, when he said, [then it were lawfull to give more to a man then he merits;] Fourthly, he did not deliver the truth, when he said, there is no merit from justice, but grace onely, where the distribution is made; Fiftly, he said too much, when he said [Distributive justice is the act of an Arbitrator; and Commutative of a Contra∣ctor.] And here let the Reader consider, whether it be not a bold undertaking of Mr Hobbes,* 1.5 to confront all the learned men in the world; Schoolemen, Philoso∣phers, ancient and latter, Casuists, Politicians, (all which with one Consent, honour and approve this distincti∣on,) upon so weak grounds as are put down here; I remember no one Author that opposeth it; I am confident, I have looked upon an hundred; onely Bodin in his sixt book de Republica, cap. 6. where he ca∣vill's at this distinction,* 1.6 methinkes, as if he thought that Aristotle would have had a Common-wealth go∣verned by these distinctly, one, or the other; but not have used them both at the same time, in his Com∣mon-wealth; and then the necessities of both in their severall opportunities would have made one, alone, improper, and therefore he addes a third and new pro∣portion,

unheard of before, which he imagine's would compleat the work, which he call's harmonica proportio;* 1.7 but I can guesse it a meere airy conceipt, not clearely expressed by him, nor intelligible by any; for he can never shew how the proportions in Musick should corres∣pond to the Offices in a Common-wealth, which must be done, if he make that proportion the onely rule for it; and therefore it hath gained no ground upon the judge∣ment of learned men; and I believe Mr. Hobbes his opi∣nion will gaine as little. But, to have my Judge∣ment, Mr. Hobbes was angry with it, because the School∣men use it, and would not allow himselfe patience to examine their Grounds.

Notes

• * 1.1

  The justice of an Arbitrator different, ac∣cording to the Case.
• * 1.2

  Mr. Hobbes 〈◊〉〈◊〉 nice and sin∣gular in his language.
• * 1.3

  His mistake in the division of justice.
• * 1.4

  In his measure of commuta∣tive.
• * 1.5

  His boldnesse in confronting all the learn∣ed men before him.
• * 1.6

  Bod••n's cavill.
• * 1.7

  His aie••y con∣ceit of an har∣monical pro∣portion.