ought not to have the credit of a sufficient testimony; for whether he deliver himself by true or false accusation, he does it by the right of preserving his own life.

The force of words being, as I have formerly noted, too weak to hold men to the performance of their covenants; there are in man's nature but two imaginable helps to strengthen it. And those are either a fear of the consequence of breaking their word, or a glory or pride in appearing not to need to break it. This latter is a generosity too rarely found to be presumed on, especially in the pursuers of wealth, command, or sensual pleasure, which are the greatest part of mankind. The passion to be reckoned upon is fear; whereof there be two very general objects one, the power o spirits invisible; the other, the power of those men they shall therein offend. Of these two, though the former be the greater power, yet the fear of the latter is commonly the greater fear. The fear of the former is in every man his own religion, which hath place in the nature of man before civil society. The latter hath not so, at least not place enough to keep men to their promises; because in the condition of mere nature, the inequality of power is not discerned, but by the event of battle. So that before the time of civil society, or in the interruption thereof by war, there is nothing can strengthen a covenant of peace agreed on, against the temptations of avarice, ambition, lust, or other strong desire, but the fear of that invisible power, which they every one worship as God, and fear as a revenger of their perfidy. All therefore that can be done between two men not subject to civil power, is to put one another to swear by the God he feareth, which "swearing," or "oath," is "a form of speech, added to a promise; by which he that promiseth, signifieth, that unless he perform, he renounceth the mercy of his God, or calleth to Him for vengeance on himself." Such was the heathen form, "Let Jupiter kill me else, as I kill this beast." So is our form, "I shall do thus, and thus, so help me God." And this, with the rites and ceremonies, which every one useth in his own religion, that the fear of breaking faith might be the greater.

By this it appears, that an oath taken according to any other form, rite, than his that sweareth, is in vain; and no oath : and that there is no swearing by anything which the swearer thinks not God. For though men have sometimes used to swear by their kings, for fear, or flattery; yet they would have it thereby understood, they attributed to them divine honour. And that swearing unnecessarily by God, is but profaning of His name: and swearing by other things, as men do in common discourse, is not swearing, but an impious custom, gotten by too much vehemence of talking.

It appears also, that the oath adds nothing to the obligation. For a covenant, if lawful, binds in the sight of God, without the oath, as much as with it if unlawful, bindeth not at all; though it be confirmed with an oath.

CHAPTER XV.

Of other Laws of Nature.

FROM that law of Nature, by which we are obliged to transfer to another, such rights, as being retained, hinder the peace of mankind, there followeth a third; which is this, "that men perform their covenants made;" without which, covenants are in vain, and but empty words; and the right of all men to all things remaining, we are still in the condition of war.

And in this law of Nature consisteth the fountain and original of "justice." For where no covenant hath preceded, there hath no right been transferred, and every man has right to everything; and consequently, no action can be unjust. But when a covenant is made, then to break it is unjust:" and the definition of injustice," is no other than the not performance of covenant." And whatsoever is not unjust, is "just."

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But because covenants of mutual trust, where there is a fear of not performance on either part, as hath been said in the former chapter, are invalid; though the original of justice be the making of covenants; yet injustice actually there can be none, till the cause of such fear be taken away; which while men are in the natural condition of war, cannot be done. Therefore before the names of just and unjust can have place, there must be some coercive power, to compel men equally to the performance of their covenants, by the terror of some punishment, greater than the benefit they expect by the breach of their covenant; and to make good that propriety, which by mutual contract men acquire, in recompense of the universal right they abandon and such power there is none before the erection of a commonwealth. And this is also to be gathered out of the ordinary definition of justice in the schools for they say, that "justice is the constant will of giving to every man his own.' And therefore where there is no "own," that is no propriety, there is no injustice; and where there is no coercive power erected, that is, where there is no commonwealth, there is no propriety; all men having right to all things: therefore where there is no commonwealth, there nothing is unjust. So that the nature of justice, consisteth in keeping of valid covenants: but the validity of covenants begins not but with the constitution of a civil power, sufficient to compel men to keep them; and then it is also that propriety begins.

The fool hath said in his heart, there is no such thing as justice; and sometimes also with his tongue; seriously alleging, that every man's conservation, and contentment, being committed to his own care, there could be no reason why every man might not do what he thought conduced thereunto: and therefore also to make, or not make; keep, or not keep He Covenants, was not against reason, when it conduced to one's benefit. does not therein deny, that there be covenants; and that they are sometimes broken, sometimes kept; and that such breach of them may be called injustice, and the observance of them justice; but he questioneth. whether injustice, taking away the fear of God, for the same fool hath said in his heart there is no God, may not sometimes stand with that reason, which dictateth to every man his own good; and particularly then, when it conduceth to such a benefit, as shall put a man in a condition to neglect not only the dispraise, and revilings, but also the power of other men. The kingdom of God is gotten by violence; but what if it could be gotten by unjust violence? were it against reason so to get it, when it is impossible to receive hurt by it? and if it be not against reason, it is not against justice; or else justice is not to be approved for good. From such reasoning as this, successful wickedness hath obtained the name of virtue; and some that in all other things have disallowed the violation of faith; yet have allowed it, when it is for the getting of a kingdom. And the heathen that believed that Saturn was deposed by his son Jupiter, believed nevertheless the same Jupiter to be the avenger of injustice; somewhat like to a piece of law in Coke's "Commentaries on Littleton ; " where he says, if the right heir of the crown be attainted of treason; yet the crown shall descend to him, and eo instante the attainder be void: from which instances a man will be very prone to infer, that when the heir apparent of a kingdom shall kill him that is in possession, though his father; you may call it injustice, or by what other name you will; yet it can never be against

reason, seeing all the voluntary actions of men tend to the benefit of themselves; and those actions are most reasonable, that conduce most to their

ends. This specious reasoning is nevertheless false.

For the question is not of promises mutual, where there is no security of It is rent performance on either side; as when there is no civil power erected over the

parties promising; for such promises are no covenants: but either where for

to

one of the parties has performed already; or where there is a power to good f make him perform; there is the question whether it be against reason, that is, against the benefit of the other to perform, or not. And I say it is not against reason. For the manifestation whereof, we are to consider; first, that when a man doth a thing, which notwithstanding anything can be foreseen and reckoned on, tendeth to his own destruction, howsoever some covenant accident which he could not expect, arriving may turn it to his benefit; yet such events do not make it reasonably or wisely done. Secondly, that in a condition of war, wherein every man to every man, for want of a common is at. power to keep them all in awe, is an enemy, there is no man who can hope by his own strength, or wit, to defend himself from destruction, without the help of confederates; where every one expects the same defence by the confederation, that any one else does : and therefore he which declares he thinks it reason to deceive those that help him, can in reason expect no other means of safety than what can be had from his own single power. He therefore that breaketh his covenant, and consequently declareth that he thinks he may with reason do so, cannot be received into any society, that unite themselves for peace and defence, but by the error of them that receive him; nor when he is received, be retained in it, without seeing the danger of their error; which errors a man cannot reasonably reckon upon as the means of his security; and therefore if he be left, or cast out of society, he perisheth; and if he live in society, it by the errors of other men, which he could not foresee, nor reckon upon; and consequently against the reason of his preservation;) and so, as all men that contribute not to his destruction, forbear him only out of ignorance of what is good for themselves.

As for the instance of gaining the secure and perpetual felicity of heaven, by any way, it is frivolous: there being but one way imaginable; and that is not breaking, but keeping of covenant.

And for the other instance of attaining sovereignty by rebellion; it is 7 manifest, that though the event follow, yet because it cannot reasonably be expected, but rather the contrary; and because by gaining it so, others are taught to gain the same in like manner, the attempt thereof is against reason. Justice therefore, that is to say, keeping of covenant, is a rule of reason, by which we are forbidden to do anything destructive to our life; and consequently a law of Nature.

There be some that proceed further; and will not have the law of Nature to be those rules which conduce to the preservation of man's life on earth; but to the attaining of an eternal felicity after death; to which they think the breach of government may conduce; and consequently be just and reasonable; such are they that think it a work of merit to kill, or depose, or rebel against the sovereign power constituted over them by their own consent. But because there is no natural knowledge of man's estate after death; much less of the reward that is then to be given to breach of faith; but only a belief grounded upon other men's saying, that they know it supernaturally, or that they know those that knew them, that knew others, that knew it supernaturally; breach of faith cannot be called a precept of reason, or nature.

Others, that allow for a law of Nature the keeping of faith, do nevertheless make exception of certain persons; as heretics, and such as use not to perform their covenant to others; and this also is against reason. For if

or

any fault of a man be sufficient to discharge our covenant made; the same ought in reason to have been sufficient to have hindered the making of it. The names of just, and unjust, when they are attributed to men, signify one thing; and when they are attributed to actions, another. When they are attributed to men, they signify conformity, or inconformity of manners, to reason. But when they are attributed to actions they signify the conformity or inconformity to reason, not of manners manner of life, but of particular actions. A just man, therefore, is he that taketh all the care he can that his actions may be all just, and an unjust man is he that neglecteth it. And such men are more often in our language styled by the names of righteous and unrighteous than just and unjust, though the meaning be the same. Therefore, a righteous man does not lose that title by one or a few unjust actions that proceed from sudden passion or mistake of things or persons; nor does an unrighteous man lose his character for such actions as he does, or forbears to do, for fear, because his will is not framed by the justice, but by the apparent benefit of what he is to do. That which gives to human actions the relish of justice is a certain nobleness or gallantness of courage, rarely found, by which a man scorns to be beholden, for the contentment of his life, to fraud or breach of promise. This justice of the manners is that which is meant, where justice is called a virtue, and injustice a vice.

But the justice of actions denominates men, not just, but "guiltless;" and the injustice of the same, which is also called injury, gives them but the name of "guilty."

Again, the injustice of manners is the disposition or aptitude to do injury; and is injustice before it proceeds to act, and without supposing any individual person injured. But the injustice of an action, that is to say injury, supposeth an individual person injured, namely, him to whom the covenant was made; and therefore many times the injury is received by one man when the damage redoundeth to another. As when the master commandeth his servant to give money to a stranger: if it be not done, the injury is done to the master, whom he had before covenanted to obey; but the damage redoundeth to the stranger, to whom he had no obligation, and ⚫ therefore could not injure him. And so also in commonwealths. Private men may remit to one another their debts, but not robberies or other violences, whereby they are endamaged, because the detaining of debt is an injury to themselves, but robbery and violence are injuries to the person of the commonwealth.

Whatsoever is done to a man, conformable to his own will signified to the doer, is no injury to him. For if he that doeth it, hath not passed away his original right to do what he please, by some antecedent covenant, there is no breach of covenant; and therefore no injury done him. And if he have, then his will to have it done being signified, is a release of that covenant; and so again there is no injury done him.

Justice of actions, is by writers divided into " commutative," and "distributive:" and the former they say consisteth in proportion arithmetical; the latter in proportion geometrical. Commutative, therefore, they place in the equality of value of the things contracted for; and distributive, in the distribution of equal benefit, to men of equal merit. As if it were injustice to sell dearer than we buy; or to give more to a man than he merits. The value of all things contracted for, is measured by the appetite of the contractors and therefore the just value is that which they be contented to give. And merit, besides that which is by covenant, where the performance on one part, meriteth the performance of the other part, and falls under justice commutative, not distributive, is not due by justice; but is rewarded of grace only. And therefore this distinction, in the sense wherein

it useth to be expounded, is not right. To speak properly, commutative justice is the justice of a contractor; that is, a performance of covenant, in buying and selling; hiring, and letting to hire; lending, and borrowing; exchanging, bartering, and other acts of contract.

And distributive justice, the justice of an arbitrator; that is to say, the act of defining what is just. Wherein, being trusted by them that make him arbitrator, if he perform his trust, he is said to distribute to every man his own and this is indeed just distribution, and may be called, though improperly, distributive justice; but more properly equity; which also is a law of Nature, as shall be shown in due place.

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As justice dependeth on antecedent covenant; so does gratitude depend on antecedent grace; that is to say, antecedent free gift: and is the fourth law of Nature; which may be conceived in this form, "that a man which receiveth benefit from another of mere grace, endeavour that he which giveth it, have no reasonable cause to repent him of his good will." For no man giveth, but with intention of good to himself; because gift is voluntary; and of all voluntary acts, the object is to every man his own good; of which if men see they shall be frustrated, there will be no beginning of benevolence, or trust, nor consequently of mutual help; nor of reconciliation of one man to another; and therefore they are to remain still in the conditiou of "war," which is contrary to the first and fundamental law of Nature, which commandeth men to "seek peace." The breach of this law, called "ingratitude," and hath the same relation to grace that injustice hath to obligation by covenant.

A fifth law of Nature, is "complaisance:" that is to say, "that every one man strive to accommodate himself to the rest." For the understanding whereof, we may consider, that there is in men's aptness to society, a diversity of nature, rising from their diversity of affections; not unlike to that we see in stones brought together for building of an edifice. For as that stone which by the asperity, and irregularity of figure, takes more room from others than itself fills; and for the hardness, cannot be easily made plain, and thereby hindereth the building, is by the builders cast away as unprofitable and troublesome: so also, a man that by asperity of nature, will strive to retain those things which to himself are superfluous, and to others necessary; and for the stubbornness of his passions, cannot be corrected, is to be left, or cast out of society, as cumbersome thereunto. For seeing every man, not only by right, but also by necessity of nature, is supposed to endeavour all he can, to obtain that which is necessary for his conservation; he that shall oppose himself against it, for things superfluous, is guilty of the war that thereupon is to follow; and therefore doth that which is contrary to the fundamental law of Nature, which commandeth "to seek peace." The observers of this law, may be called " 'sociable," the Latins call them commodi; the contrary, "stubborn," 'insociable," "froward," "intractable."

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6 A sixth law of Nature is this, "that upon caution of the future time, a man ought to pardon the offences past of them that repenting, desire it." For "pardon "is nothing but granting of peace; which though granted to them that persevere in their hostility, be not peace, but fear; yet not granted to them that give caution of the future time, is sign of an aversion to peace; and therefore contrary to the law of Nature.

A seventh is, "that in revenges," that is, retribution of evil for evil, men look not at the greatness of the evil past, but the greatness of the good to follow." Whereby we are forbidden to inflict punishment with any other design, than for correction of the offender, or direction of others. For this law is consequent to the next before it, that commandeth pardon, upon security of the future time. Besides, revenge, without respect to the