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. 12.

Here he make's an objection thus; How doth all this prove, that one single man hath right to the whole world,* 1.1 and that nothing out of the part of my neighbour doth hin∣der it? (this is page 107.) he answer's, it doth very much conduce for it.* 1.2

For defence of my life, my liberty, my priviledges, it is Lawfull to kill another, to break out into war against ano∣ther; much rather will it be lawful for any man to vindi∣cate these goods to himself, which now submit themselves to the first possessor; and to spoile my neighbour of all those things by which he contend's to out me of my possession.

For answer;* 1.3 surely there is much difference in these cases; In the first I defend my life and estate from an unjust invader; In the second I invade another's right and interest, and when he saith, that the other keep's him out of his possession (quibus possessione mea me contend••t exuere, is his Phrase) I would fain know what possession he can say he hat•• when the other, according to his

own language, is the occupant; but if he take possession here for the right of possession, what right can he pretend to more then the occupant? or by what Law doth that title accrue to him? That which he adde's is of no Great force; or, saith he, when there shall be a just fear that he will do the like by me, if he gain opportunities; this fear,* 1.4 he speak's of, entitle's a man to nothing but a care of himself untill hostility or injury be offer'd, and then one may be provoked to a just war: since, saith he, these things, which I take from my neighbour, before Cove∣nant,* 1.5 are no more his then mine;] I doubt not but I have, and shall shew, that those things, which are in the pos∣session of another, are his own, if in his lawful possession, without any other Covenant but the Law of nature; in the mean time it must needs be granted, that the title is equall, and melior est conditio possidentis; and since he offer's no force to the other, there can be no justice for the other to offer violence to him; What he add's fur∣ther, is a Comparison between this case and war, that what is gotten in war is the Conquerours, because then all Covenants cease, and the ancient rights return: Certain∣ly both the antecedent is weak and the consequent,* 1.6 the antecedent, because the goods, gotten by conquest, are acquired by conquest, not by an ancient right; many a man get's goods by conquest, in a lawfull war, who had no title before to them; I say else, all such gain is but Rob∣bery; nor doth this simile agree; the Difference is great betwixt the taking of a man's estate from him, who offer'd me no injury, and him who is my enemy, and labour's my destruction; At the bottom of the 108. page he begin's with a third Argument, which he thus f••ame••s;* 1.7 because the right to the use and possession of things is to be taken from the profit, which I conceive will redound

to me by them, therefore what I shall trust will be profitable for me I have a title to.* 1.8 This Argument he is tedious in, I have reduced the whole force of it to this narrow compass, and do return answer, that mine or any man's judgment of the profitableness give's me no title to it, but the just and right judgment: I may be deceived in my judgment, and judge that profitable which is unprofitable; nay, although I judge truly, that it is profitable, yet so may any man's estate be thought, that it would be pro∣fitable for me, if I could get it, nevertheless I have no right to it.

Notes

• * 1.1

  His Objecti∣on,
• * 1.2

  And answer.
• * 1.3

  The Bishop's Animadversi∣ons shewing the difference between just 〈…〉〈…〉 invasi∣on, & sta••ing the r••ght of poss••ssion.
• * 1.4

  Fear entitle's a man to no∣thing but a guard of him∣self.
• * 1.5

  Propriety withou•• Co∣venant.
• * 1.6

  The r••ght to good•• gotten by conquest what.
• * 1.7

  His third Ar∣gument.
• * 1.8

  The Bish••p's answer from the fallibili••y of judgm••nt.