tors
It is also a Law of Nature, "That all men that mediate Peace, be allowed
safe Conduct." For the Law that commandeth Peace, as the End, commandeth
Intercession, as the Means; and to Intercession the Means is safe
Conduct.
The Sixteenth, Of Submission To Arbitrement
And because, though men be never so willing to observe these Lawes,
there may neverthelesse arise questions concerning a mans action; First,
whether it were done, or not done; Secondly (if done) whether against
the Law, or not against the Law; the former whereof, is called a
question Of Fact; the later a question Of Right; therefore unlesse the
parties to the question, Covenant mutually to stand to the sentence
of another, they are as farre from Peace as ever. This other, to whose
Sentence they submit, is called an ARBITRATOR. And therefore it is of
the Law of Nature, "That they that are at controversie, submit their
Right to the judgement of an Arbitrator."
The Seventeenth, No Man Is His Own Judge
And seeing every man is presumed to do all things in order to his own
benefit, no man is a fit Arbitrator in his own cause: and if he were
never so fit; yet Equity allowing to each party equall benefit, if one
be admitted to be Judge, the other is to be admitted also; & so the
controversie, that is, the cause of War, remains, against the Law of
Nature.
The Eighteenth, No Man To Be Judge, That Has In Him Cause Of Partiality
For the same reason no man in any Cause ought to be received for
Arbitrator, to whom greater profit, or honour, or pleasure apparently
ariseth out of the victory of one party, than of the other: for he hath
taken (though an unavoydable bribe, yet) a bribe; and no man can be
obliged to trust him. And thus also the controversie, and the condition
of War remaineth, contrary to the Law of Nature.
The Nineteenth, Of Witnesse
And in a controversie of Fact, the Judge being to give no more credit
to one, than to the other, (if there be no other Arguments) must give
credit to a third; or to a third and fourth; or more: For else the
question is undecided, and left to force, contrary to the Law of Nature.
These are the Lawes of Nature, dictating Peace, for a means of the
conservation of men in multitudes; and which onely concern the doctrine
of Civill Society. There be other things tending to the destruction of
particular men; as Drunkenness, and all other parts of Intemperance;
which may therefore also be r
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