PART I. 15.

The science of these laws, is

philosophy.

that endeavoureth their performance, fulfilleth them; and he that fulfilleth the law, is just.

And the science of them, is the true and only the true moral moral philosophy. For moral philosophy is nothing else but the science of what is good, and evil, in the conversation, and society of mankind. Good, and evil, are names that signify our appetites, and aversions; which in different tempers, customs, and doctrines of men, are different: and divers men, differ not only in their judgment, on the senses of what is pleasant, and unpleasant to the taste, smell, hearing, touch, and sight; but also of what is conformable, or disagreeable to reason, in the actions of common life. Nay, the same man, in divers times, differs from himself; and one time praiseth, that is, calleth good, what another time he dispraiseth, and calleth evil: from whence arise disputes, controversies, and at last war. And therefore so long as a man is in the condition of mere nature, which is a condition of war, as private appetite is the measure of good, and evil: and consequently all men agree on this, that peace is good, and therefore also the way, or means of peace, which, as I have shewed before, are justice, gratitude, modesty, equity, mercy, and the rest of the laws of nature, are good; that is to say; moral virtues; and their contrary vices, evil. Now the science of virtue and vice, is moral philosophy; and therefore the true doctrine of the laws of nature, is the true moral philosophy. But the writers of moral philosophy, though they acknowledge the same virtues and vices; yet not seeing wherein consisted their goodness; nor that they come to be praised, as the means of peaceable,

sociable, and comfortable living, place them in a mediocrity of passions: as if not the cause, but the

PART I. 15.

degree of daring, made fortitude; or not the cause, The science of but the quantity of a gift, made liberality.

these laws, is the true moral

These dictates of reason, men used to call by the philosophy. name of laws, but improperly: for they are but conclusions, or theorems concerning what conduceth to the conservation and defence of themselves; whereas law, properly, is the word of him, that by right hath command over others. But yet if we consider the same theorems, as delivered in the word of God, that by right commandeth all things; then are they properly called laws.

CHAPTER XVI.

OF PERSONS, AUTHORS, AND THINGS

PERSONATED.

A PERSON, is he, whose words or actions are con- A person what. sidered, either as his own, or as representing the

words or actions of another man, or of any other thing, to whom they are attributed, whether truly or by fiction.

and artificial.

When they are considered as his own, then is he Person natural, called a natural person: and when they are considered as representing the words and actions of another, then is he a feigned or artificial person. The word person is Latin: instead whereof the The word perGreeks have mpóswtor, which signifies the face, as persona in Latin signifies the disguise, or outward appearance of a man, counterfeited on the stage; and sometimes more particularly that part of it, which disguiseth the face, as a mask or vizard:

son, whence.

PART I.

Actor.

16.

Author.

and from the stage, hath been translated to any representer of speech and action, as well in tribunals, as theatres. So that a person, is the same that an actor is, both on the stage and in common conversation; and to personate, is to act, or represent himself, or another; and he that acteth another, is said to bear his person, or act in his name; in which sense Cicero useth it where he says, Unus sustineo tres personas; mei, adversarii, et judicis: 1 bear three persons; my own, my adversary's, and the judge's; and is called in divers occasions, diversly; as a representer, or representative, a lieutenant, a vicar, an attorney, a deputy, a procurator, an actor, and the like.

Of persons artificial, some have their words and actions owned by those whom they represent. And then the person is the actor; and he that owneth his words and actions, is the AUTHOR: in which case the actor acteth by authority. For that which in speaking of goods and possessions, is called an owner, and in Latin dominus, in Greek kúpioc speaking of actions, is called author. And as the right of possession, is called dominion; so the right of doing any action, Authority. is called AUTHORITY. So that by authority, is always understood a right of doing any act; and done by authority, done by commission, or licence from him whose right it is.

Covenants by authority, bind the author.

From hence it followeth, that when the actor maketh a covenant by authority, he bindeth thereby the author, no less than if he had made it himself; and no less subjecteth him to all the consequences of the same. And therefore all that hath been said formerly, (chap. XIV) of the nature of covenants between man and man in their natural capacity, is

16.

true also when they are made by their actors, repre- PART I. senters, or procurators, that have authority from them, so far forth as is in their commission, but no further.

And therefore he that maketh a covenant with the actor, or representer, not knowing the authority he hath, doth it at his own peril. For no man is obliged by a covenant, whereof he is not author; nor consequently by a covenant made against, or beside the authority he gave.

actor.

When the actor doth anything against the law of But not the nature by command of the author, if he be obliged by former covenant to obey him, not he, but the author breaketh the law of nature; for though the action be against the law of nature; yet it is not his but contrarily, to refuse to do it, is against the law of nature, that forbiddeth breach of covenant.

And he that maketh a covenant with the author, The authority by mediation of the actor, not knowing what autho- is to be shown. rity he hath, but only takes his word; in case such authority be not made manifest unto him upon demand, is no longer obliged: for the covenant made with the author, is not valid, without his counterassurance. But if he that so covenanteth, knew beforehand he was to expect no other assurance, than the actor's word; then is the covenant valid; because the actor in this case maketh himself the author. And therefore, as when the authority is evident, the covenant obligeth the author, not the actor; so when the authority is feigned, it obligeth the actor only; there being no author but himself.

personated,

There are few things, that are incapable of being Things represented by fiction. Inanimate things, as a inanimate. church, an hospital, a bridge, may be personated by a rector, master, or overseer. But things inanimate,

PART I. 16.

Irrational.

False gods.

The true God.

cannot be authors, nor therefore give authority to their actors yet the actors may have authority to procure their maintenance, given them by those that are owners, or governors of those things. And therefore, such things cannot be personated, before there be some state of civil government.

Likewise children, fools, and madmen that have no use of reason, may be personated by guardians, or curators; but can be no authors, during that time, of any action done by them, longer than, when they shall recover the use of reason, they shall judge the same reasonable. Yet during the folly, he that hath right of governing them, may give authority to the guardian. But this again has no place but in a state civil, because before such estate, there is no dominion of persons.

An idol, or mere figment of the brain, may be personated; as were the gods of the heathen: which by such officers as the state appointed, were personated, and held possessions, and other goods, and rights, which men from time to time dedicated, and consecrated unto them. But idols cannot be authors for an idol is nothing. The authority proceeded from the state: and therefore before introduction of civil government, the gods of the heathen could not be personated.

The true God may be personated. As he was; first, by Moses; who governed the Israelites, that were not his, but God's people, not in his own name, with hoc dicit Moses; but in God's name, with hoc dicit Dominus. Secondly, by the Son of man, his own Son, our blessed Saviour Jesus Christ, that came to reduce the Jews, and induce all nations into the kingdom of his father; not as of himself, but as sent from his father. And thirdly,