OCR Text |
Show mu" 0f MAN; UMP-16- 'i Dif utes Controverlies, and at lait WaraAn'd 5113:!fczgi'gclozhlgfz manfis in ihe condition of meer Nature, (which is part 1. a condition of War,) as private Appetite is the meafure of Good,and a Lzmrmmr, a Virar, an Attorney, a Deputy, a Promrator, an Afior, Evill: And confe uently all men agree on this,‘that Peace is Good, and therefore alfo t e way,or means of Pcace,wnich(as I have fhewed before)": froflitctGratitua'e,Moolefly,Eqmty,Mcrcy,8: the refhoflth; Laws of Nature, are good; that is to fay, Morall Venues; an t 1611‘ contrarie Vim, Evill. Now the (creme of Vertue and Vice,is Morall Philofophiegand therfore the true Docftrine of the Lawes of Nature, is the true Morall Philofophie. But the Writers of Morall Philofophie, though they acknowledge the fame Vertues and VICCS', Yet not feeing wherein confifted their Goodneile; nor that they come to be praifed, as the meanes of peaceable, fociable, and comfortable liVing; place them in a mediocrity of palfions: as if not the Ca aLe,but the Degree of daring, made Fortitude, or not the Caufe,but the Quantity a ifr, made Liberalit . 0fThge fe dietares of Reafgnmien ufe to call by the name of Lawes :but improperly: for they are but Conclufions, or Theoremesfl concerning what conduceth to the confervation and defence ofthem:elws;wher- as Law, properly is the word of him, that by right hath command 0. ver others. But yetifwe confider the fame Theoremes, as delivered in the word of God, that by right commandeth all things 5 then are they properly called Lawes . Of MA N. Chap.16. 81 led {,1 diverfe occ'riions,di'verfly-, as a Roprefmter, or Rope/emotive, and the like. . . 0chrfons Artificiall, fome have their Words and actio ns Owned by more whom they i‘eprefent . Andrhen the Perfon is the affor; 45m, and he that owneth his Words and aetions, is the A u r H o R: In whic h Aer/W, cafe the Aétorac‘teth by Authority. For that which in fpeaking of good s and poffellions, is called an Qiamerxand in latine Dommm, in and". mom; ~, {peaking of Actions ', is called Author. And as the Right Ofpoift‘iiidnds Called Dominiomfo the Right ofdo mg any Afiion, is called A u r H o R r r r. So that by Authority, is alwayes Author/z}. undei'ftood a Right of doing any aét .- and done hy Arrlhortty, done by Commflhon, or Licence from him whofe right it is. From hence it followeth,that when theAéto'r make th a Covenant (‘oumam a; by Authoiity, he bindeth thereby the Author, nole fle than if he had Wit/70""). made it himtelfe; and ‘no leffe fub caeth him to all the confequences Md "I" ofthe fame.And therfore all that 'ath been faid forme rly,(Chap.t4.) Amp" of the nature of Covenants between man ahd man in their naturall capacity, is true alto when they are made by their Aétor s, Reprefen(61‘s, or Procurators, that have authority from them, f0 far-forth as is in their Commiflion, but no farther. _ And therefore he that maketh a Covenant with the Actor , or Re~ prefenter, not knowing the Authority he hath, doth it at his own pe « CH AP. XVI. 0f PER s on s , AUTHOR s , and thing: Pafiaaitd. v! Perflm what. Perfon Natural! , and Arnfcial/ . The word Pnflm , whtm‘: . \ P ER so»: ,is he,whofi word: or aé'r'iom are cayfiderca',either a: his own, or a: reprcfmting the word: or afliom ofan other man', of of an} other thing to whom they are attrihutcdwhether Tml} or 6} 1316710". When they are confidered as his owne, then is he a Nattmlll Per/on: And when they are confidered as reprefentingcalled the words and aé‘tions of an other, then is he a Feigm'd or Arnfciall perfon. The word Perfon is latine:infieed whereof the which fignifics the Face, as Pezflma in latine Greeks have rrérrmr. or outward appearance of a man, counterfeited fignifies the dtfgmfi, times more particularl that part of it, whichon the Stage; and {cmdifguifeth the face, as a Mask or Vifai‘d: And,from the Stage, hath been tranflated to any Reprefenter of fpeech and aetion, as well in Tribunalls,as Theaters. So that a Per/an, is the fame that an Ac'lor is,b0th on the Stage and in common Converfation ; and to Perfim ate, is to 145‘, or Reprdmt himfelfe, or an Other, and he that aeteth another, is faid to beare his Petfon, or act in his name; (in which fence Cicero ufeth it where 116 £1165, unusfuflineo Ire: Performs; Mci,Aa'*uerflzrii, "1m PctlonS; my own, my Adverfariesand é‘ 'fua'icz'r, I bearc the Judges-,)and is cald‘ le rill. For no man is obliged by a Covenant,whereof he not confequently by a Covenant made againfi,or befidis not Author; e the AuthoIity he gave. _ W hen the Actor dorh any thing againfi the Law of Natu re by Sam" , ,1}; command ofthe Author, if he be obliged by form er Covenant to o- Aflar. bet- him,not he, butthe Auth or breaketh the Law of Nature : for though the Action be againfl the Law of Nature; yet it is not his : but contraril ,to refiafe to do it, is againfl the Law of Nature, that for- bidtieth reach of Covenant. And he that makerh a Covenant with the . Author, by mediation of The Authac the Actor, nor knowing what Authority he hath, but onely takes his r") 2'4 to Word -, in cafe inch Authorit be not made manifefl unto him upon "761W(it‘mdnti, is no longer oblig 5: ed]: For the Cove nant made with the Author, is not valid, without his Count er-aflhrance. But if he that fo Covenanteth, knew b'efore hand he was to expeét no other affurance, than the Actors word, then is the Cove nant valid; becaufe the Aetor in this cafe maketh himfelfe the Auth or. And therefore, as when the Authority is evident, the Covenant Actor; {6 when the Authority is feignobligeth the Author, not the ed, it obligeth the Actor one" ly ~ there being no Author but himfelfe. There are fewthings,that are unca able of being reprefented by 7755:... mm Fiction. lnanimare things, as a Churchran Hofpital, a Bridge, b: Perfonated bya Rector, Maiter, may firizzéa ', 12;.o‘r Overfeer. But things Inani-~ "Wm mate, cannor be Authors, nor there (tors: Yet the Aé‘tors may have fore give Authority to wtheir A- Authority to procure their maint e" nance. |