9. The last thing contained in that supreme law, salus populi, is their defence; and consisteth partly in the obedience and unity of the subjects, of which hath been already spoken, and in which consisteth the means of levying soldiers, and of having money, arms, ships, and fortified places in readiness for defence; and partly, in the avoiding of unnecessary wars. For such commonwealths, or such monarchs, as affect war for itself, that is to say, out of ambition, or of vain-glory, or that make account to revenge every little injury, or disgrace done by their neighbours, if they ruin not themselves, their fortune must be better than they have reason to expect.
CHAPTER X.
[1.] All expressions, &c. concerning future actions, are either covenant, counsel, or command. [2.] The difference between a law and a covenant. [3.] The command of him whose command is law in one thing, is law in every thing. [4.] The difference between law and counsel. [5.] The difference between jus and lex. [6.] The division of laws, &c. [7.] That the divine moral law, and the law of nature, is the same. [8.] That the civil laws are the common measure of right and wrong, &c. [9.] Martial law is civil law. [10.] Written laws, &c. Unwritten, &c. Customs and opinions, &c.
All expressions, &c. concerning future actions, are either covenant, counsel, or command.
1. Thus far concerning the Nature of Man, and the constitution and properties of a Body Politic. There remaineth only for the last chapter, to speak of the nature and sorts of law. And first it is manifest, that all laws are declarations of the mind, concerning some action future to be done, or omitted. And all declarations and expressions of the mind concerning future actions and omissions, are either promissive, as I will do, or not do; or provisive, as for example, If this be done or not done, this will follow; or imperative, as Do this, or do it not. In the first sort of these expressions, consisteth the nature of a covenant; in the second, consisteth counsel; in the third, command.
The difference between a law and a covenant.
2. It is evident when a man doth, or forbeareth to do any action, if he be moved thereto by this only consideration, that the same is good or evil in itself; and that there be no reason why the will or pleasure of another, should be of any weight in his deliberation, that then neither to do nor omit the action deliberated, is any breach of law. And consequently, whatsoever is a law to a man, respecteth the will of another, and the declaration thereof. But a covenant is a declaration of a man’s own will. And therefore a law and a covenant differ: and though they be both obligatory, and a law obligeth no otherwise than by virtue of some covenant made by him who is subject thereunto, yet they oblige by several sorts of promises. For a covenant obligeth by promise of an action, or omission especially named and limited; but a law bindeth by a promise of obedience in general, whereby the action to be done, or left undone, is referred to the determination of him, to whom the covenant is made. So that the difference between a covenant and a law, standeth thus: in simple covenant, the action to be done, or not done, is first limited and made known, and then followeth the promise to do or not do; but in a law, the obligation to do or not to do, precedeth, and the declaration what is to be done, or not done, followeth after.
The command of him whose command is law in one thing, is law in every thing.
3. And from this may be deduced, that which to some may seem a paradox, That the command of him, whose command is a law in one thing, is a law in every thing. For seeing a man is obliged to obedience before what he is to do be known, he is obliged to obey in general, that is to say, in every thing.