PART THE FIRST.
CHAPTER I.
[1, 2.] Men by nature equal. [3.] By vain glory indisposed to allow equality with themselves, to others. [4.] Apt to provoke another by comparisons. [5.] Apt to encroach one upon another. [6.] Right defined. [7.] Right to the end, implieth right to the means. [8.] Every man his own judge by nature. [9.] Every man’s strength and knowledge for his own use. [10.] Every man by nature hath right to all things. [11.] War and peace defined. [12.] Men by nature in the state of war. [13.] In manifest inequality might is right. [14.] Reason dictateth peace.
Men by nature equal.
1. In a former treatise of human nature already printed, hath been set forth the whole nature of man, consisting in the powers natural of his body and mind, and may all be comprehended in these four, strength of body, experience, reason, and passion.
2. In this, it will be expedient to consider in what estate of security this our nature hath placed us, and what probability it hath left us, of continuing and preserving ourselves against the violence of one another. And first, if we consider how little odds there is of strength or knowledge, between men of mature age, and with how great facility he that is the weaker in strength or in wit, or in both, may utterly destroy the power of the stronger; since there needeth but little force to the taking away of a man’s life, we may conclude, that men considered in mere nature, ought to admit amongst themselves equality; and that he that claimeth no more, may be esteemed moderate.
By vain glory indisposed to allow equality with themselves, to others.
3. On the other side, considering the great difference there is in men, from the diversity of their passions, how some are vainly glorious, and hope for precedency and superiority above their fellows, not only when they are equal in power, but also when they are inferior; we must needs acknowledge that it must necessarily follow, that those men who are moderate, and look for no more but equality of nature, shall be obnoxious to the force of others, that will attempt to subdue them. And from hence shall proceed a general diffidence in mankind, and mutual fear one of another.
Apt to provoke another by comparisons.
4. Further, since men by natural passion are divers ways offensive one to another, every man thinking well of himself, and hating to see the same in others, they must needs provoke one another by words, and other signs of contempt and hatred, which are incident to all comparison, till at last they must determine the pre-eminence by strength and force of body.
Apt to encroach one upon another.
5. Moreover, considering that many men’s appetites carry them to one and the same end; which end sometimes can neither be enjoyed in common, nor divided, it followeth, that the stronger must enjoy it alone, and that it be decided by battle who is the stronger. And thus the greatest part of men, upon no assurance of odds, do nevertheless, through vanity, or comparison, or appetite, provoke the rest, that otherwise would be contented with equality.
Right defined.
6. And forasmuch as necessity of nature maketh men to will and desire bonum sibi, that which is good for themselves, and to avoid that which is hurtful; but most of all, the terrible enemy of nature, death, from whom we expect both the loss of all power, and also the greatest of bodily pains in the losing; it is not against reason, that a man doth all he can to preserve his own body and limbs both from death and pain. And that which is not against reason, men call right, or jus, or blameless liberty of using our own natural power and ability. It is therefore a right of nature, that every man may preserve his own life and limbs, with all the power he hath.
Right to the end, implieth right to the means.
7. And because where a man hath right to the end, and the end cannot be attained without the means, that is, without such things as are necessary to the end, it is consequent that it is not against reason, and therefore right, for a man to use all means, and do whatsoever action is necessary for the preservation of his body.
Every man his own judge by nature.
8. Also, every man by right of nature, is judge himself of the necessity of the means, and of the greatness of the danger. For if it be against reason, that I be judge of mine own danger myself, then it is reason, that another man be judge thereof. But the same reason that maketh another man judge of those things that concern me, maketh me also judge of that that concerneth him. And therefore I have reason to judge of his sentence, whether it be for my benefit, or not.
Every man’s strength and knowledge for his own use.
9. As a man’s judgment in right of nature is to be employed for his own benefit, so also the strength, knowledge, and art, of every man is then rightly employed, when he useth it for himself; else must not a man have right to preserve himself.
Every man by nature hath right to all things.
10. Every man by nature hath right to all things, that is to say, to do whatsoever he listeth to whom he listeth, to possess, use, and enjoy all things he will and can. For seeing all things he willeth, must therefore be good unto him in his own judgment, because he willeth them, and may tend to his preservation some time or other, or he may judge so, and we have made him judge thereof, [section 8], it followeth, that all things may rightly also be done by him. And for this cause it is rightly said, Natura dedit omnia omnibus, that Nature hath given all things to all men; insomuch, that jus and utile, right and profit, is the same thing. But that right of all men to all things, is in effect no better than if no man had right to any thing. For there is little use and benefit of the right a man hath, when another as strong, or stronger than himself, hath right to the same.
War and peace defined.
11. Seeing then to the offensiveness of man’s nature one to another, there is added a right of every man to every thing, whereby one man invadeth with right, and another man with right resisteth, and men live thereby in perpetual diffidence, and study how to preoccupate each other; the estate of men in this natural liberty, is the estate of war. For war is nothing else but that time wherein the will and contention of contending by force, is either by words or actions sufficiently declared; and the time which is not war, is peace.
Men by nature in the state of war.
12. The estate of hostility and war being such, as thereby nature itself is destroyed, and men kill one another, (as we know also that it is, both by the experience of savage nations that live at this day, and by the histories of our ancestors the old inhabitants of Germany, and other now civil countries, where we find the people few, and short lived, and without the ornaments and comforts of life, which by peace and society are usually invented and procured) he therefore that desireth to live in such an estate as is the estate of liberty and right of all to all, contradicteth himself. For every man by natural necessity desireth his own good, to which this estate is contrary, wherein we suppose contention between men by nature equal, and able to destroy one another.
In manifest inequality might is right.
13. Seeing this right of protecting ourselves by our own discretion and force, proceedeth from danger, and that danger from the equality between men’s forces, much more reason is there, that a man prevent such equality before the danger cometh, and before the necessity of battle. A man therefore that hath another man in his power to rule or govern, to do good to, or harm, hath right, by the advantage of this his present power, to take caution at his pleasure, for his security against that other in time to come. He therefore that hath already subdued his adversary, or gotten into his power any other, that either by infancy, or weakness, is unable to resist him, by right of nature may take the best caution, that such infant, or such feeble and subdued person can give him, of being ruled and governed by him for the time to come. For seeing we intend always our own safety and preservation, we manifestly contradict that our intention, if we willingly dismiss such a one, and suffer him at once to gather strength and be our enemy. Out of which may also be collected, that irresistible might, in the state of nature, is right.
Reason dictateth peace.
14. But since it is supposed by the equality of strength, and other natural faculties of men, that no man is of might sufficient, to assure himself for any long time, of preserving himself thereby, whilst he remaineth in the state of hostility and war; reason therefore dictateth to every man for his own good, to seek after peace, as far forth as there is hope to attain the same; and strengthen himself with all the help he can procure, for his own defence against those, from whom such peace cannot be obtained; and to do all those things which necessarily conduce thereunto.
CHAPTER II.
[1.] The law of nature consisteth not in consent of men, but reason. [2.] That every man divest himself of the right he hath to all things, is one precept of nature. [3.] What it is to relinquish and transfer one’s right. [4.] The will to transfer, and the will to accept, both necessary to the passing away of right. [5.] Right not transferred by words de futuro only. [6.] Words de futuro, together with other signs of the will, may transfer right. [7.] Free gift defined. [8.] Contract, and the sorts of it. [9.] Covenant defined. [10.] Contract of mutual trust, is of no validity in the estate of hostility. [11.] No covenant of men but with one another. [12.] Covenant how dissolved. [13.] Covenant extorted by fear, in the law of nature valid. [14.] Covenant contrary to former covenant, void. [15.] An oath defined. [16.] Oath to be administered to every man in his own religion. [17.] Oath addeth not to the obligation. [18.] Covenants bind but to endeavour.
The law of nature consisteth not in consent of men, but reason.
1. What it is we call the law of nature, is not agreed upon by those, that have hitherto written. For the most part, such writers as have occasion to affirm, that anything is against the law of nature, do allege no more than this, that it is against the consent of all nations, or the wisest and most civil nations. But it is not agreed upon, who shall judge which nations are the wisest. Others make that against the law of nature, which is contrary to the consent of all mankind; which definition cannot be allowed, because then no man could offend against the law of nature; for the nature of every man is contained under the nature of mankind. But forasmuch as all men are carried away by the violence of their passion, and by evil customs do those things which are commonly said to be against the law of nature; it is not the consent of passions, or consent in some error gotten by custom, that makes the law of nature. Reason is no less of the nature of man than passion, and is the same in all men, because all men agree in the will to be directed and governed in the way to that which they desire to attain, namely, their own good, which is the work of reason: there can therefore be no other law of nature than reason, nor no other precepts of natural law, than those which declare unto us the ways of peace, where the same may be obtained, and of defence where it may not.
That every man divest himself of the right he hath to all things, is one precept of nature.
2. One precept of the law of nature therefore is this, that every man divest himself of the right he hath to all things by nature. For when divers men having right not only to all things else, but to one another’s persons, if they use the same, there ariseth thereby invasion on the one part, and resistance on the other, which is war, and therefore contrary to the law of nature, the sum whereof consisteth in making peace.
What it is to relinquish and transfer one’s right.
3. When a man divesteth and putteth from himself his right, he either simply relinquisheth it, or transferreth the same to another man. To relinquish it, is by sufficient signs to declare, that it is his will no more to do that action, which of right he might have done before. To transfer right to another, is by sufficient signs to declare to that other accepting thereof, that it is his will not to resist, or hinder him, according to that right he had thereto before he transferred it. For seeing that by nature every man hath right to every thing, it is impossible for a man to transfer unto another any right that he had not before. And therefore all that a man doth in transferring of right, is no more but a declaring of the will, to suffer him, to whom he hath so transferred his right, to make benefit of the same, without molestation. As for example, when a man giveth his lands or goods to another, he taketh from himself the right to enter into, and make use of the said lands or goods, or otherwise to hinder him of the use of what he hath given.
The will to transfer, and the will to accept, both necessary to the passing away of right.
4. In transferring of right, two things therefore are required: one on the part of him that transferreth, which is a sufficient signification of his will therein; the other, on the part of him to whom it is transferred, which is a sufficient signification of his acceptation thereof. Either of these failing, the right remaineth where it was: nor is it to be supposed, that he which giveth his right to one that accepteth it not, doth thereby simply relinquish it, and transfer it to whomsoever will receive it: inasmuch as the cause of transferring the same to one, rather than to another, is in the one, rather than in the rest.
Right not transferred by words de futuro only.
5. When there appear no other signs that a man hath relinquished, or transferred his right, but only words, it behoveth that the same be done in words, that signify the present time, or the time past, and not only the time to come. For he that saith of the time to come, as for example, to-morrow I will give, declareth evidently, that he hath not yet given. The right, therefore, remaineth in him to-day, and so continues, till he have given actually. But he that saith, I give, presently, or have given to another anything, to have and enjoy the same to-morrow, or any other time further, hath now actually transferred the said right, which otherwise he should have had at the time that the other is to enjoy it.
Words de futuro, together with other signs of the will, may transfer right.
6. But because words alone are not a sufficient declaration of the mind, as hath been shown chapter XIII. [section 8], words spoken de futuro, when the will of him that speaketh them may be gathered by other signs, may be taken very often as if they were meant de præsenti: for when it appeareth, that he that giveth, would have his words so understood by him to whom he giveth, as if he did actually transfer his right, then he must needs be understood to will all that is necessary to the same.
Free gift defined.
7. When a man transferreth any right of his to another, without consideration of reciprocal benefit, past, present, or to come, this is called free gift. And in free gift, no other words can be binding, but those which are de præsenti, or de præterito: for being de futuro only, they transfer nothing, nor can they be understood, as if they proceeded from the will of the giver; because being a free gift, it carrieth with it no obligation greater than that which is enforced by the words. For he that promiseth to give, without any other consideration but his own affection, so long as he hath not given, deliberateth still, according as the causes of his affections continue, or diminish; and he that deliberateth, hath not yet willed, because the will is the last act of his deliberation. He that promiseth therefore, is not thereby a donor, but doson; which name was given to that Antiochus, that promised often, but seldom gave.
Contract, and the sorts of it.
8. When a man transferreth his right upon consideration of reciprocal benefit, this is not free gift, but mutual donation, and is called contract. And in all contracts, either both parties presently perform, and put each other into a certainty and assurance of enjoying what they contract for, as when men buy or sell, or barter; or one party performeth presently, and the other promiseth, as when one selleth upon trust; or else neither party performeth presently, but trust one another. And it is impossible there should be any kind of contract besides these three. For either both the contractors trust, or neither; or else one trusteth, and the other not.
Covenant defined.
9. In all contracts where there is trust, the promise of him that is trusted, is called a covenant. And this, though it be a promise, and of the time to come, yet it doth transfer the right, when that time cometh, no less than an actual donation. For it is a manifest sign, that he which did perform, understood it was the will of him that was trusted, to perform also. Promises therefore, upon consideration of reciprocal benefit, are covenants and signs of the will, or last act of deliberation, whereby the liberty of performing, or not performing, is taken away, and consequently are obligatory. For where liberty ceaseth, there beginneth obligation.
Contract of mutual trust, is of no validity in the estate of hostility.
10. Nevertheless, in contracts that consist of such mutual trust, as that nothing be by either party performed for the present, when the contract is between such as are not compellable, he that performeth first, considering the disposition of men to take advantage of every thing for their benefit, doth but betray himself thereby to the covetousness, or other passion of him with whom he contracteth. And therefore such covenants are of none effect. For there is no reason why the one should perform first, if the other be likely not to perform afterward. And whether he be likely or not, he that doubteth, shall be judge himself, as hath been said chap. I. [sect. 8], as long as they remain in the estate and liberty of nature. But when there shall be such power coercive over both the parties, as shall deprive them of their private judgments in this point, then may such covenants be effectual, seeing he that performeth first shall have no reasonable cause to doubt of the performance of the other, that may be compelled thereunto.
No covenant of men but with one another.
11. And forasmuch as in all covenants, and contracts, and donations, the acceptance of him to whom the right is transferred, is necessary to the essence of those covenants, donations, &c., it is impossible to make a covenant or donation to any, that by nature, or absence, are unable, or if able, do not actually declare their acceptation of the same. First of all, therefore, it is impossible for any man to make a covenant with God Almighty, further than it hath pleased him to declare who shall receive and accept of the said covenant in his name. Also it is impossible to make covenant with those living creatures, of whose wills we have no sufficient sign, for want of common language.
Covenant how dissolved.
12. A covenant to do any action at a certain time and place, is then dissolved by the covenanter, when that time cometh, either by the performance, or by the violation. For a covenant is void that is once impossible. But a covenant not to do, without time limited, which is as much as to say, a covenant never to do, is dissolved by the covenanter then only, when he violateth it, or dieth. And generally, all covenants are dischargeable by the covenantee, to whose benefit, and by whose right, he that maketh the covenant is obliged. This right therefore of the covenantee relinquished, is a release of the covenant. And universally, for the same reason, all obligations are determinable at the will of the obliger.
Covenant extorted by fear, in the law of nature valid.
13. It is a question often moved, whether such covenants oblige, as are extorted from men by fear. As for example, whether if a man for fear of death, hath promised to give a thief an hundred pounds the next day, and not discover him; whether such covenant be obligatory, or not. And though in some cases such covenant may be void, yet it is not therefore void, because extorted by fear. For there appeareth no reason, why that which we do upon fear, should be less firm than that which we do for covetousness. For both the one and the other maketh the action voluntary. And if no covenant should be good, that proceedeth from fear of death, no conditions of peace between enemies, nor any laws, could be of force, which are all consented to from that fear. For who would lose the liberty that nature hath given him, of governing himself by his own will and power, if they feared not death in the retaining of it? What prisoner in war might be trusted to seek his ransom, and ought not rather to be killed, if he were not tied by the grant of his life, to perform his promise? But after the introduction of policy and laws, the case may alter; for if by the law the performance of such a covenant be forbidden, then he that promiseth anything to a thief, not only may, but must refuse to perform it. But if the law forbid not the performance, but leave it to the will of the promiser, then is the performance still lawful: and the covenant of things lawful is obligatory, even towards a thief.
Covenant contrary to former covenant, void.
14. He that giveth, promiseth or covenanteth to one, and after, giveth, promiseth, or covenanteth the same to another, maketh void the latter act. For it is impossible for a man to transfer that right which he himself hath not; and that right he hath not, which he himself hath before transferred.
An oath defined.
15. An oath is a clause annexed to a promise, containing a renunciation of God’s mercy by him that promiseth, in case he perform not as far as is lawful and possible for him to do. And this appeareth by the words which make the essence of the oath, so help me God. So also was it amongst the heathen. And the form of the Romans was, Thou Jupiter kill him that breaketh, as I kill this beast. The intention therefore of an oath being to provoke vengeance upon the breakers of covenant; it is to no purpose to swear by men, be they never so great, because their punishment by divers accidents may be avoided, whether they will, or no, but God’s punishment not. Though it were a custom of many nations, to swear by the life of their princes; yet those princes being ambitious of divine honour, give sufficient testimony, that they believed, nothing ought to be sworn by, but the Deity.
Oath to be administered to every man in his own religion.
16. And seeing men cannot be afraid of the power they believe not, and an oath is to no purpose, without fear of him they swear by, it is necessary that he that sweareth, do it in that form which himself admitteth in his own religion, and not in that form which he useth, that putteth him to the oath. For though all men may know by nature, that there is an Almighty power, nevertheless they believe not, that they swear by him in any other form or name, than what their own, which they think the true, religion teacheth them.
Oath addeth not to the obligation.
17. And by the definition of an oath, it appeareth that it addeth not a greater obligation to perform the covenant sworn, than the covenant carrieth in itself, but it putteth a man into a greater danger, and of greater punishment.
Covenants bind but to endeavour.
18. Covenants and oaths are de voluntariis, that is, de possibilibus. Nor can the covenantee understand the covenanter to promise impossibles; for they fall not under deliberation: and consequently, (by chap. XIII. [sect. 10] of the Treatise of Human Nature, which maketh the covenantee interpreter) no covenant is understood to bind further, than to our best endeavour, either in performance of the thing promised, or in something equivalent.