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.