translation of right; nor can translate any right to another; and without mutual acceptation, there is no covenant.

To make covenant with God is impossible, but by mediation of such as God speaketh to, either by revelation supernatural or by His lieutenants that govern under Him and in His name; for otherwise we know not whether our covenants be accepted or not. And therefore they that vow anything contrary to any law of Nature vow in vain, as being a thing unjust to pay such a vow. And, if it be a thing commanded by the law of Nature, it is not the vow but the law that binds them.

The matter or subject of a covenant is always something that falleth under deliberation, for to covenant is an act of the will, that is to say an act, and the last act of deliberation, and is therefore always understood to be something to come, and which is judged possible for him that covenanteth to perform.

And therefore to promise that which is known to be impossible is no covenant. But, if that prove impossible afterwards which before was thought possible, the covenant is valid and bindeth, though not to the thing itself, yet to the value, or, if that also be impossible, to the unfeigned endeavour of performing as much as is possible, for to more no man can be obliged.

Men are freed of their covenants two ways: by performing or being forgiven. For performance is the natural end of obligation, and forgiveness the restitution of liberty, as being a retransferring of that right in which the obligation consisted.

Covenants entered into by fear, in the condition of mere nature, are obligatory. For example, if I covenant to pay a ransom or service for my life to an enemy, I am bound by it, for it is a contract wherein one receiveth the benefit of life; and the other is to receive money or service for it; and consequently where no other law, as in the condition of mere nature, forbiddeth the performance, the covenant is valid. Therefore prisoners of war, if trusted with the payment of their ransom, are obliged to pay it; and, if a weaker prince make a disadvantageous peace with a stronger for fear, he is bound to keep it, unless, as hath been said before, there ariseth some new and just cause of fear to renew the war. And even in commonwealths, if I be forced to redeem myself from a thief by

promising him money, I am bound to pay it, till the civil law discharge me. For whatsoever I may lawfully do without obligation, the same I may lawfully covenant to do through fear, and what I lawfully covenant I cannot lawfully break.

A former covenant makes void a later. For a man that hath passed away his right to one man to-day hath it not to pass tomorrow to another, and therefore the later promise passeth no right, but is null.

A covenant not to defend myself from force by force is always void. For, as I have shown before, no man can transfer or lay down his right to save himself from death, wounds, and imprisonment, the avoiding whereof is the only end of laying down any right; and therefore the promise of not resisting force, in no covenant transferreth any right, nor is obliging. For, though a man may covenant thus, 'unless I do so or so, kill me,' he cannot covenant thus, 'unless I do so or so, I will not resist you when you come to kill me.' For man by nature chooseth the lesser evil, which is danger of death in resisting, rather than the greater, which is certain and present death in not resisting. And this is granted to be true by all men, in that they lead criminals to execution and prison with armed men, notwithstanding that such criminals have consented to the law by which they are condemned.

A covenant to accuse oneself, without assurance of pardon, is likewise invalid. For in the condition of nature, where every man is judge, there is no place for accusation; and in the civil state the accusation is followed with punishment, which, being force, a man is not obliged not to resist. The same is also true of the accusation of those by whose condemnation a man falls into misery, as of a father, wife, or benefactor. For the testimony of such an accuser, if it be not willingly given, is presumed to be corrupted by nature, and therefore not to be received; and where a man's testimony is not to be credited he is not bound to give it. Also accusations upon torture are not to be reputed as testimonies. For torture is to be used but as a means of conjecture and light, in the further examination and search of truth; and what is in that case confessed tendeth to the ease of him that is tortured, not to the informing of the torturers, and therefore 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 of 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 or 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.'

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' there 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, covenants was not against reason when it conduced to one's benefit. He 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