Leviathan, or the Matter, Forme, & Power of a Common-Wealth Ecclesiasticall and Civill

en · official · sha256:f0774af73482245855039e23fcd6127d00f595d4041cf06d3329a917ebb96f3e

CHAPTER XIV. OF THE FIRST AND SECOND NATURALL LAWES, AND OF CONTRACTS

en · official · sha256:951a2f05914b86c624900d59d3d0c473f5740e608c7aebe395f6f5d8153f24af

CHAPTER XV. OF OTHER LAWES OF NATURE

en · official · sha256:a1ece2d23932963fc821ece7f66152ddd8f6f82dd729cad6fad3cd0630ee3f81

Right Of Nature What

en · official · sha256:198b1738c9f71d6c33f1f640c37520f5692adcba8f4cd7d9d64c71099257c44e

The RIGHT OF NATURE, which Writers commonly call Jus Naturale, is the Liberty each man hath, to use his own power, as he will himselfe, for the preservation of his own Nature; that is to say, of his own Life; and consequently, of doing any thing, which in his own Judgement, and Reason, hee shall conceive to be the aptest means thereunto.

Ссылаются нормы: RightOfNature, RightOfNatureIsLiberty

en · official · sha256:b4d7c82e17493b6ad6eac0a7883deb667f535b749e0a65dcd3044cb7b132e835

Liberty What

en · official · sha256:b997fc87a1d0396fb5297c7d44de432a2d5394c672df1d0ffe6afb6dc9854cb6

By LIBERTY, is understood, according to the proper signification of the word, the absence of externall Impediments: which Impediments, may oft take away part of a mans power to do what hee would; but cannot hinder him from using the power left him, according as his judgement, and reason shall dictate to him.

Ссылаются нормы: ImpedimentsCannotHinderThePowerLeft

en · official · sha256:98875fbabe5652ecb4eca183a210616ec203b686625f17b1ba8255d162071cfa

A Law Of Nature What

en · official · sha256:8176246173ab6f34aff72643de602dad81df64186dd16122918a53ac74e6c576

A LAW OF NATURE, (Lex Naturalis,) is a Precept, or generall Rule, found out by Reason, by which a man is forbidden to do, that, which is destructive of his life, or taketh away the means of preserving the same; and to omit, that, by which he thinketh it may be best preserved. For though they that speak of this subject, use to confound Jus, and Lex, Right and Law; yet they ought to be distinguished; because RIGHT, consisteth in liberty to do, or to forbeare; Whereas LAW, determineth, and bindeth to one of them: so that Law, and Right, differ as much, as Obligation, and Liberty; which in one and the same matter are inconsistent.

Ссылаются нормы: DoWhatIsDestructiveOfHisLife, ForbiddenToDoWhatIsDestructive, ForbiddenToOmitWhatPreserveth, NotToOmitWhatPreserveth

en · official · sha256:1ae0161ff2924a627fb632c32b0ce4580305e9148581c10b00584177b503b40c

Naturally Every Man Has Right To Everything

en · official · sha256:1a40f3bf0d605bff11ba2cb1990672a9fe97f4c18883974425cf965549ae0723

And because the condition of Man, (as hath been declared in the precedent Chapter) is a condition of Warre of every one against every one; in which case every one is governed by his own Reason; and there is nothing he can make use of, that may not be a help unto him, in preserving his life against his enemyes; It followeth, that in such a condition, every man has a Right to every thing; even to one anothers body. And therefore, as long as this naturall Right of every man to every thing endureth, there can be no security to any man, (how strong or wise soever he be,) of living out the time, which Nature ordinarily alloweth men to live.

Ссылаются нормы: EveryManHasRightToEveryThing, NoSecurityWhileRightToEveryThingEndureth

en · official · sha256:b77d75cf9a5da97f027c918f1a1206ad6f58ccb741304e639adb657322a59647

The Fundamental Law Of Nature

en · official · sha256:920efd5a9356171ae0be830dc279586b538b5316f904b05c95078e6dbcb8369f

And consequently it is a precept, or generall rule of Reason, "That every man, ought to endeavour Peace, as farre as he has hope of obtaining it; and when he cannot obtain it, that he may seek, and use, all helps, and advantages of Warre." The first branch, of which Rule, containeth the first, and Fundamentall Law of Nature; which is, "To seek Peace, and follow it." The Second, the summe of the Right of Nature; which is, "By all means we can, to defend our selves."

Ссылаются нормы: AllHelpsAndAdvantagesOfWarre, EndeavourPeace, FirstAndFundamentallLawOfNature, SummeOfTheRightOfNature

en · official · sha256:e03af4c098695607e2aa5a383c348b42c2089438018679ed71d36a4cdcd3150e

The Second Law Of Nature

en · official · sha256:d2a2d3da3382ffa5e2ba660a541f54327ea71d256d80dbc51186ab81f1803258

From this Fundamentall Law of Nature, by which men are commanded to endeavour Peace, is derived this second Law; "That a man be willing, when others are so too, as farre-forth, as for Peace, and defence of himselfe he shall think it necessary, to lay down this right to all things; and be contented with so much liberty against other men, as he would allow other men against himselfe." For as long as every man holdeth this Right, of doing any thing he liketh; so long are all men in the condition of Warre. But if other men will not lay down their Right, as well as he; then there is no Reason for any one, to devest himselfe of his: For that were to expose himselfe to Prey, (which no man is bound to) rather than to dispose himselfe to Peace. This is that Law of the Gospell; "Whatsoever you require that others should do to you, that do ye to them." And that Law of all men, "Quod tibi feiri non vis, alteri ne feceris."

Ссылаются нормы: ContentedWithEquallLiberty, LayDownRightToAllThingsDuty, SecondLawOfNature/norm/1, SecondLawOfNature/norm/2

en · official · sha256:6b941de01a8d43c57fec40d8b96ff4fea8f32c886c5d447118774485b94c2579

What it is to lay down a Right

en · official · sha256:fab339d332c9b1f3990af6cc923ca3120958e1cd04321c43328d50a7bbaf9b6a

To Lay Downe a mans Right to any thing, is to Devest himselfe of the Liberty, of hindring another of the benefit of his own Right to the same. For he that renounceth, or passeth away his Right, giveth not to any other man a Right which he had not before; because there is nothing to which every man had not Right by Nature: but onely standeth out of his way, that he may enjoy his own originall Right, without hindrance from him; not without hindrance from another. So that the effect which redoundeth to one man, by another mans defect of Right, is but so much diminution of impediments to the use of his own Right originall.

Ссылаются нормы: LayingDownRightDevestethTheLibertyOfHindring, RenouncingGivethNoNewRightButDiminishethImpediments

en · official · sha256:82b6af898ab2ea2d4fe256b18cf47097b2687fe61566349f0d30373f5f1008c4

Renouncing (or) Transferring Right What; Obligation Duty Justice

en · official · sha256:9997e28798ac74284f5ea498f7af7c8f43d84181eb3aee6b7350eb4354d21dd7

Right is layd aside, either by simply Renouncing it; or by Transferring it to another. By Simply RENOUNCING; when he cares not to whom the benefit thereof redoundeth. By TRANSFERRING; when he intendeth the benefit thereof to some certain person, or persons. And when a man hath in either manner abandoned, or granted away his Right; then is he said to be OBLIGED, or BOUND, not to hinder those, to whom such Right is granted, or abandoned, from the benefit of it: and that he Ought, and it his DUTY, not to make voyd that voluntary act of his own: and that such hindrance is INJUSTICE, and INJURY, as being Sine Jure; the Right being before renounced, or transferred. So that Injury, or Injustice, in the controversies of the world, is somewhat like to that, which in the disputations of Scholers is called Absurdity. For as it is there called an Absurdity, to contradict what one maintained in the Beginning: so in the world, it is called Injustice, and Injury, voluntarily to undo that, which from the beginning he had voluntarily done. The way by which a man either simply Renounceth, or Transferreth his Right, is a Declaration, or Signification, by some voluntary and sufficient signe, or signes, that he doth so Renounce, or Transferre; or hath so Renounced, or Transferred the same, to him that accepteth it. And these Signes are either Words onely, or Actions onely; or (as it happeneth most often) both Words and Actions. And the same are the BONDS, by which men are bound, and obliged: Bonds, that have their strength, not from their own Nature, (for nothing is more easily broken then a mans word,) but from Feare of some evill consequence upon the rupture.

Ссылаются нормы: DutyNotToMakeVoydHisOwnAct, HindranceSineJureIsInjustice, NotToHinder, ObligationFromRenouncingRight, ObligationFromTransferringRight

en · official · sha256:10f5e03ef40819858e1eafd47524fcc8ee07c65b1920011e395d836d5e2a2349

Not All Rights Are Alienable

en · official · sha256:af08d4952ce610ed22d4e95bc42a195c6a0adec75e8535b06eaa231467c88b7b

Whensoever a man Transferreth his Right, or Renounceth it; it is either in consideration of some Right reciprocally transferred to himselfe; or for some other good he hopeth for thereby. For it is a voluntary act: and of the voluntary acts of every man, the object is some Good To Himselfe. And therefore there be some Rights, which no man can be understood by any words, or other signes, to have abandoned, or transferred. As first a man cannot lay down the right of resisting them, that assault him by force, to take away his life; because he cannot be understood to ayme thereby, at any Good to himselfe. The same may be sayd of Wounds, and Chayns, and Imprisonment; both because there is no benefit consequent to such patience; as there is to the patience of suffering another to be wounded, or imprisoned: as also because a man cannot tell, when he seeth men proceed against him by violence, whether they intend his death or not. And lastly the motive, and end for which this renouncing, and transferring or Right is introduced, is nothing else but the security of a mans person, in his life, and in the means of so preserving life, as not to be weary of it. And therefore if a man by words, or other signes, seem to despoyle himselfe of the End, for which those signes were intended; he is not to be understood as if he meant it, or that it was his will; but that he was ignorant of how such words and actions were to be interpreted.

Ссылаются нормы: InalienableRightOfPreservation, RightsOfPreservationAreInalienable, SignesDespoylingTheEndAreNotMeant, assert-20, assert-21, assert-22, assert-23

en · official · sha256:c7b8c713f0770fbc299808cc5a699d81eb99b1b186b5bcd4dc141e634ad791da

Contract What

en · official · sha256:fc86a19827a1f4e618a984796af698400e8a00dbdc16daed3cb4920e7ef2ae90

The mutuall transferring of Right, is that which men call CONTRACT.

Ссылаются нормы: MutuallTransferringIsContract

en · official · sha256:5cf6ff5c67ee34805dc136319e3208216719cbff220e081c49d95c1be7618f87

There is difference, between transferring of Right to the Thing; and transferring, or tradition, that is, delivery of the Thing it selfe. For the Thing may be delivered together with the Translation of the Right; as in buying and selling with ready mony; or exchange of goods, or lands: and it may be delivered some time after.

en · official · sha256:9e275d97d274dc1871d4d3618ea8c79f84bffc46000177ce9953f4b2c14ff229

Covenant What

en · official · sha256:dc497f508635499d91c9acd361e6c826dc95143e24806fdc504fa6a172fd6989

Again, one of the Contractors, may deliver the Thing contracted for on his part, and leave the other to perform his part at some determinate time after, and in the mean time be trusted; and then the Contract on his part, is called PACT, or COVENANT: Or both parts may contract now, to performe hereafter: in which cases, he that is to performe in time to come, being trusted, his performance is called Keeping Of Promise, or Faith; and the fayling of performance (if it be voluntary) Violation Of Faith.

Ссылаются нормы: ContractOnTrustIsCovenant

en · official · sha256:6fb10de03280358dd1b0fb1561e7cf052b556c96a03d8479a7cbb9d066c34858

Free-gift

en · official · sha256:c7d3bd14cd80bbe29e52bcfb292ec210399b53ac059ca3cc9273c0bbc987f283

When the transferring of Right, is not mutuall; but one of the parties transferreth, in hope to gain thereby friendship, or service from another, or from his friends; or in hope to gain the reputation of Charity, or Magnanimity; or to deliver his mind from the pain of compassion; or in hope of reward in heaven; This is not Contract, but GIFT, FREEGIFT, GRACE: which words signifie one and the same thing.

Ссылаются нормы: NonMutuallTransferIsFreeGift

en · official · sha256:5615d34ad1fade02884bcdf52890496090c6d8a0279f992243e0cda74f4c9040

Signes Of Contract Expresse

en · official · sha256:0ee6872d9d4612de1fdc54d6421b1157dd9990be2e3a55db6ea6a9a083349fb2

Signes of Contract, are either Expresse, or By Inference. Expresse, are words spoken with understanding of what they signifie; And such words are either of the time Present, or Past; as, I Give, I Grant, I Have Given, I Have Granted, I Will That This Be Yours: Or of the future; as, I Will Give, I Will Grant; which words of the future, are called Promise.

Ссылаются нормы: ExpresseSigneIsSufficient, ExpresseSignesAreWordsWithUnderstanding

en · official · sha256:5a32eabe5f26b7334dfed9979158d2ac4086d06bfc10cc8fcff4cef5e2daba0a

Signes Of Contract By Inference

en · official · sha256:99b57682894c82cabdc7d4229b49460274a46fc499a76d136d8fbb8ebdab00f1

Signes by Inference, are sometimes the consequence of Words; sometimes the consequence of Silence; sometimes the consequence of Actions; sometimes the consequence of Forbearing an Action: and generally a signe by Inference, of any Contract, is whatsoever sufficiently argues the will of the Contractor.

Ссылаются нормы: SigneByInferenceIsSufficient, SignesByInferenceArgueTheWill

en · official · sha256:e1e738183bef8bff110c9907563a5dc23ab8f4e402d8c2fc32a4e048764e0f0d

Free Gift Passeth By Words Of The Present Or Past

en · official · sha256:627a720d27f59790b1385822d182928f8e8d33c5a4ebaaa2a22c310bb1d84a19

Words alone, if they be of the time to come, and contain a bare promise, are an insufficient signe of a Free-gift and therefore not obligatory. For if they be of the time to Come, as, To Morrow I Will Give, they are a signe I have not given yet, and consequently that my right is not transferred, but remaineth till I transferre it by some other Act. But if the words be of the time Present, or Past, as, "I have given, or do give to be delivered to morrow," then is my to morrows Right given away to day; and that by the vertue of the words, though there were no other argument of my will. And there is a great difference in the signification of these words, Volos Hoc Tuum Esse Cras, and Cros Dabo; that is between "I will that this be thine to morrow," and, "I will give it to thee to morrow:" For the word I Will, in the former manner of speech, signifies an act of the will Present; but in the later, it signifies a promise of an act of the will to Come: and therefore the former words, being of the Present, transferre a future right; the later, that be of the Future, transferre nothing. But if there be other signes of the Will to transferre a Right, besides Words; then, though the gift be Free, yet may the Right be understood to passe by words of the future: as if a man propound a Prize to him that comes first to the end of a race, The gift is Free; and though the words be of the Future, yet the Right passeth: for if he would not have his words so be understood, he should not have let them runne.

Ссылаются нормы: BarePromiseOfFutureGiftIsInsufficient, FutureWordsWithOtherSignesPasseTheRight, WordsOfPresentOrPastPasseTheRight

en · official · sha256:3b25d8cbc90c2f12cde3c40ad7b8d949a0c5ae51f3996b7e18e949be0d11526a

Signes Of Contract Are Words Both Of The Past, Present, and Future In Contracts, the right passeth, not onely where the words are of the time Present, or Past; but also where they are of the Future; because all Contract is mutuall translation, or change of Right; and therefore he that promiseth onely, because he hath already received the benefit for which he promiseth, is to be understood as if he intended the Right should passe: for unlesse he had been content to have his words so understood, the other would not have performed his part first. And for that cause, in buying, and selling, and other acts of Contract, A Promise is equivalent to a Covenant; and therefore obligatory.

Ссылаются нормы: InContractsFutureWordsPasseTheRight

en · official · sha256:c0310f646ff6bcc814cd9d27a5fad01d22f8113db007510f950ce9286f624136

Merit What

en · official · sha256:9296a162d7db4ce8e4157f94de5c622d0a0b17b30a869507ff40dc5fda41bf92

He that performeth first in the case of a Contract, is said to MERIT that which he is to receive by the performance of the other; and he hath it as Due. Also when a Prize is propounded to many, which is to be given to him onely that winneth; or mony is thrown amongst many, to be enjoyed by them that catch it; though this be a Free Gift; yet so to Win, or so to Catch, is to Merit, and to have it as DUE. For the Right is transferred in the Propounding of the Prize, and in throwing down the mony; though it be not determined to whom, but by the Event of the contention. But there is between these two sorts of Merit, this difference, that In Contract, I Merit by vertue of my own power, and the Contractors need; but in this case of Free Gift, I am enabled to Merit onely by the benignity of the Giver; In Contract, I merit at The Contractors hand that hee should depart with his right; In this case of gift, I Merit not that the giver should part with his right; but that when he has parted with it, it should be mine, rather than anothers. And this I think to be the meaning of that distinction of the Schooles, between Meritum Congrui, and Meritum Condigni. For God Almighty, having promised Paradise to those men (hoodwinkt with carnall desires,) that can walk through this world according to the Precepts, and Limits prescribed by him; they say, he that shall so walk, shall Merit Paradise Ex Congruo. But because no man can demand a right to it, by his own Righteousnesse, or any other power in himselfe, but by the Free Grace of God onely; they say, no man can Merit Paradise Ex Condigno. This I say, I think is the meaning of that distinction; but because Disputers do not agree upon the signification of their own termes of Art, longer than it serves their turn; I will not affirme any thing of their meaning: onely this I say; when a gift is given indefinitely, as a prize to be contended for, he that winneth Meriteth, and may claime the Prize as Due.

Ссылаются нормы: HeThatPerformethFirstMeriteth, HeThatWinnethMeriteth

en · official · sha256:5dde3f4783fb73504fb8bc7d3386c87b7bb708c4cb39378f03346b3efaa85d3d

Covenants Of Mutuall Trust, When Invalid

en · official · sha256:a9e45abed889faa4bd798d1f28d322fe8d8fac9e6d7ee2481779f78eae7c5dd9

If a Covenant be made, wherein neither of the parties performe presently, but trust one another; in the condition of meer Nature, (which is a condition of Warre of every man against every man,) upon any reasonable suspition, it is Voyd; But if there be a common Power set over them bothe, with right and force sufficient to compell performance; it is not Voyd. For he that performeth first, has no assurance the other will performe after; because the bonds of words are too weak to bridle mens ambition, avarice, anger, and other Passions, without the feare of some coerceive Power; which in the condition of meer Nature, where all men are equall, and judges of the justnesse of their own fears cannot possibly be supposed. And therefore he which performeth first, does but betray himselfe to his enemy; contrary to the Right (he can never abandon) of defending his life, and means of living.

Ссылаются нормы: CovenantOfMutuallTrustVoydInMeerNature, SecurityFromCommonPower

en · official · sha256:658d849d1713a6f15bafc855abff6cef27b4c49f56a0060fe53c9a768391fc05

But in a civill estate, where there is a Power set up to constrain those that would otherwise violate their faith, that feare is no more reasonable; and for that cause, he which by the Covenant is to perform first, is obliged so to do.

en · official · sha256:4fcd7eed0f042fbf89a7369bcb97ec520a93242d8523144989a0e153a489620b

The cause of Feare, which maketh such a Covenant invalid, must be alwayes something arising after the Covenant made; as some new fact, or other signe of the Will not to performe; else it cannot make the Covenant Voyd. For that which could not hinder a man from promising, ought not to be admitted as a hindrance of performing.

Ссылаются нормы: ReasonableSuspicionEstablished

en · official · sha256:a1a427763e73a4c2028533a11e84bad4475a5b7f70446932bd02ffad46da209b

Right To The End, Containeth Right To The Means

en · official · sha256:e6cc4bc9aaa6b2c20264a95a7644a0b49e3743e8f96832cb756ab168d0e8bb72

He that transferreth any Right, transferreth the Means of enjoying it, as farre as lyeth in his power. As he that selleth Land, is understood to transferre the Herbage, and whatsoever growes upon it; Nor can he that sells a Mill turn away the Stream that drives it. And they that give to a man The Right of government in Soveraignty, are understood to give him the right of levying mony to maintain Souldiers; and of appointing Magistrates for the administration of Justice.

Ссылаются нормы: RightToTheEndContainethRightToTheMeans

en · official · sha256:644f610133ede41bcf0b3c31dd96565475b6b37aa49cb82881d48b9f1be8e904

No Covenant With Beasts

en · official · sha256:0823d53e5fbffd291cfe2045a1a99ee2b8f7cc02dff488fe7a5baa899aef5fe0

To make Covenant with bruit Beasts, is impossible; because not understanding our speech, they understand not, nor accept of any translation of Right; nor can translate any Right to another; and without mutuall acceptation, there is no Covenant.

Ссылаются нормы: NoCovenantWithBeasts

en · official · sha256:a21d4c06d516ba5d7d2901b9c3e17ffc8bee69590ab7a00e6e36de9b9d09b58b

Nor With God Without Speciall Revelation

en · official · sha256:dd413d47d51a0eea010a8a6aea78bce992fa1e1c5cdfe0296c046e2563a3e2f5

To make Covenant with God, is impossible, but by Mediation of such as God speaketh to, either by Revelation supernaturall, 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 any thing contrary to any law of Nature, Vow in vain; as being a thing unjust to pay such Vow. And if it be a thing commanded by the Law of Nature, it is not the Vow, but the Law that binds them.

Ссылаются нормы: NoCovenantWithGodWithoutRevelation

en · official · sha256:b7d7ab9dfde3ec854d086f11b08d0efe246c42e5e400390d4f10af8b934af496

No Covenant, But Of Possible And Future

en · official · sha256:8a7b8c2d0c522d3e7f27bae3a76d87fdf082d70eb2f645d92f89d94e7b2d93e3

The matter, or subject of a Covenant, is alwayes 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 alwayes understood to be something to come; and which is judged Possible for him that Covenanteth, to performe.

en · official · sha256:30ecad2ebf26fb29f0eb3dd7359613da9d1fe8774db440439ce4a3878a6a7248

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 it selfe,) 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.

Ссылаются нормы: IfValueImpossibleBoundToEndeavour, LateImpossibilityBindsToTheValue, NoCovenantOfTheImpossible

en · official · sha256:3719aded11291573f33a8479bc6e929cc23c619c63c93884b3a97b99cff87656

Covenants How Made Voyd

en · official · sha256:c2aa862a5d650f4d73fcad0fda175bd7f24c806d70ade6401b9ee95cae5034e9

Men are freed of their Covenants two wayes; by Performing; or by being Forgiven. For Performance, is the naturall end of obligation; and Forgivenesse, the restitution of liberty; as being a retransferring of that Right, in which the obligation consisted.

Ссылаются нормы: FreedByBeingForgiven, FreedByPerforming

en · official · sha256:d1cb6efb148e81d76db16897f92b1a54cf65a9da62e0b7c306b5d0a0af363be0

Covenants Extorted By Feare Are Valide

en · official · sha256:b7d376ff5f8edd73e76833ebe5d8a326154161d28195afafd017704f3b447f6b

Covenants entred into by fear, in the condition of meer Nature, are obligatory. For example, if I Covenant to pay a ransome, 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; the other is to receive mony, or service for it; and consequently, where no other Law (as in the condition, of meer Nature) forbiddeth the performance, the Covenant is valid. Therefore Prisoners of warre, if trusted with the payment of their Ransome, are obliged to pay it; And if a weaker Prince, make a disadvantageous peace with a stronger, for feare; he is bound to keep it; unlesse (as hath been sayd before) there ariseth some new, and just cause of feare, to renew the war. And even in Common-wealths, if I be forced to redeem my selfe from a Theefe by promising him mony, I am bound to pay it, till the Civill Law discharge me. For whatsoever I may lawfully do without Obligation, the same I may lawfully Covenant to do through feare: and what I lawfully Covenant, I cannot lawfully break.

Ссылаются нормы: CovenantsExtortedByFeareAreValid

en · official · sha256:a73ddc3788af3b474846872dd5526d33cad05d78f7420eb2548575c7a151189d

The Former Covenant To One, Makes Voyd The Later To Another

en · official · sha256:ee9595acfea985128c9bf44309707b81e2d1849fe6d583ff295142ec0b04cd0c

A former Covenant, makes voyd a later. For a man that hath passed away his Right to one man to day, hath it not to passe to morrow to another: and therefore the later promise passeth no Right, but is null.

Ссылаются нормы: FormerCovenantMakesVoydTheLater

en · official · sha256:c7df9683b9898afe09f4bae4d765eb543dab95046b527f163cd3b4cccb4572a5

A Mans Covenant Not To Defend Himselfe, Is Voyd

en · official · sha256:d60d33341c57d91d60441eaa48e753070b3ac53fb0fea56faae92ab5a54e7f1c

A Covenant not to defend my selfe from force, by force, is alwayes voyd. For (as I have shewed before) no man can transferre, or lay down his Right to save himselfe from Death, Wounds, and Imprisonment, (the avoyding whereof is the onely 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, "Unlesse 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 evill, 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.

Ссылаются нормы: CovenantNotToDefendHimselfeIsVoyd

en · official · sha256:ae20e2dde464fdb373f99a7b15a6730ffa0edcb89759acb0fab01fc117adc0e4

No Man Obliged To Accuse Himselfe

en · official · sha256:3c9d150cdbea815a8fd1d4239d1c8f006053c49b79f0bfa1f08108f35bed92b7

A Covenant to accuse ones Selfe, without assurance of pardon, is likewise invalide. For in the condition of Nature, where every man is Judge, there is no place for Accusation: and in the Civill 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 praesumed to be corrupted by Nature; and therefore not to be received: and where a mans Testimony is not to be credited, his not bound to give it. Also Accusations upon Torture, are not to be reputed as Testimonies. For Torture is to be used but as 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 himselfe by true, or false Accusation, he does it by the Right of preserving his own life.

Ссылаются нормы: CovenantToAccuseHimselfeIsInvalid

en · official · sha256:288df2b7d7dce60ee811dc520ae0a2ce4359860e9873b369731cc47b3156675f

The End Of An Oath; The Forme Of As Oath

en · official · sha256:3c4041a08f474efaf56ef1c70a7498c58f292d8779dec8aab93f26a0359048bd

The force of Words, being (as I have formerly noted) too weak to hold men to the performance of their Covenants; there are in mans nature, but two imaginable helps to strengthen it. And those are either a Feare of the consequence of breaking their word; or a Glory, or Pride in appearing not to need to breake it. This later is a Generosity too rarely found to be presumed on, especially in the pursuers of Wealth, Command, or sensuall Pleasure; which are the greatest part of Mankind. The Passion to be reckoned upon, is Fear; whereof there be two very generall 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 feare of the later is commonly the greater Feare. The Feare of the former is in every man, his own Religion: which hath place in the nature of man before Civill Society. The later hath not so; at least not place enough, to keep men to their promises; because in the condition of meer Nature, the inequality of Power is not discerned, but by the event of Battell. So that before the time of Civill Society, or in the interruption thereof by Warre, there is nothing can strengthen a Covenant of Peace agreed on, against the temptations of Avarice, Ambition, Lust, or other strong desire, but the feare of that Invisible Power, which they every one Worship as God; and Feare as a Revenger of their perfidy. All therefore that can be done between two men not subject to Civill Power, is to put one another to swear by the God he feareth: Which Swearing or OATH, is a Forme Of Speech, Added To A Promise; By Which He That Promiseth, Signifieth, That Unlesse He Performe, He Renounceth The Mercy Of His God, Or Calleth To Him For Vengeance On Himselfe. Such was the Heathen Forme, "Let Jupiter kill me else, as I kill this Beast." So is our Forme, "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 feare of breaking faith might be the greater.

Ссылаются нормы: WhatAnOathIs

en · official · sha256:4ed71fa0b6a28d6214674d307f0884133920a4d0954b8206568c838b8cdcf14e

No Oath, But By God

en · official · sha256:88b02f92a56d9a2f0118cdbe4b3ac05c5d2bfbe51dc7e43743121648615a339e

By this it appears, that an Oath taken according to any other Forme, or Rite, then his, that sweareth, is in vain; and no Oath: And there is no Swearing by any thing which the Swearer thinks not God. For though men have sometimes used to swear by their Kings, for feare, or flattery; yet they would have it thereby understood, they attributed to them Divine honour. And that Swearing unnecessarily by God, is but prophaning of his name: and Swearing by other things, as men do in common discourse, is not Swearing, but an impious Custome, gotten by too much vehemence of talking.

Ссылаются нормы: NoOathButByGod

en · official · sha256:8cc9900b77a607e52de688e9d36a75ae90a408fc8145893e946dbb5cc7a61b73

An Oath Addes Nothing To The Obligation

en · official · sha256:2c941b3a2b14dec61cb6fdf32ef85db3f1b343115a174d4a8fe0bcfe91da3790

It appears also, that the Oath addes nothing to the Obligation. For a Covenant, if lawfull, binds in the sight of God, without the Oath, as much as with it; if unlawfull, bindeth not at all; though it be confirmed with an Oath.

Ссылаются нормы: LawfullCovenantBindsWithoutOath, UnlawfullCovenantBindsNotEvenWithOath

en · official · sha256:49cbefd8a0f266c3f3895dc6a5eb1e924e23c8c1a75fa27fab3c8e5245bde6ee

The Third Law Of Nature, Justice

en · official · sha256:0d99aea3a2c48c783f53e3b12998c1837672169b191106a791f456c1e52b4417

From that law of Nature, by which we are obliged to transferre to another, such Rights, as being retained, hinder the peace of Mankind, there followeth a Third; which is this, That Men Performe Their Covenants Made: without which, Covenants are in vain, and but Empty words; and the Right of all men to all things remaining, wee are still in the condition of Warre.

Ссылаются нормы: ObligationToTransferreHindringRights, PerformeCovenantsMade, ThirdLawOfNaturePerformeCovenants

en · official · sha256:ed58c6e4a3f6f60ea661512bb90701e89a95dffd138e853c98089e4a3efeb205

Justice And Injustice What

en · official · sha256:258803fbd3ded1feb15c340f281ba9123ffcb9f12fbdf0c77987d88dd445ac79

And in this law of Nature, consisteth the Fountain and Originall of JUSTICE. For where no Covenant hath preceded, there hath no Right been transferred, and every man has right to every thing; 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.

Ссылаются нормы: NotPerformanceOfCovenantIsInjustice, WhatsoeverIsNotUnjustIsJust

en · official · sha256:9f6c61109f0714e0c7a4eb3c547bd9e815e3338c7f1aba3dd344f39f1d41cb69

Justice And Propriety Begin With The Constitution of Common-wealth But because Covenants of mutuall trust, where there is a feare of not performance on either part, (as hath been said in the former Chapter,) are invalid; though the Originall of Justice be the making of Covenants; yet Injustice actually there can be none, till the cause of such feare be taken away; which while men are in the naturall condition of Warre, cannot be done. Therefore before the names of Just, and Unjust can have place, there must be some coercive Power, to compell men equally to the performance of their Covenants, by the terrour of some punishment, greater than the benefit they expect by the breach of their Covenant; and to make good that Propriety, which by mutuall Contract men acquire, in recompence of the universall Right they abandon: and such power there is none before the erection of a Common-wealth. And this is also to be gathered out of the ordinary definition of Justice in the Schooles: 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 coerceive Power erected, that is, where there is no Common-wealth, there is no Propriety; all men having Right to all things: Therefore where there is no Common-wealth, 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 Civill Power, sufficient to compell men to keep them: And then it is also that Propriety begins.

Ссылаются нормы: InjusticeActuallyRequiresCommonWealth, NamesOfJustAndUnjustRequireCoercivePower, ProprietyBeginsWithCommonWealth

en · official · sha256:64f425e8ca86d1d1c597411bd7ffd2141de4c6523a999cec9dce217fb8a7ac24

Justice Not Contrary To Reason

en · official · sha256:2f2ca851eb5d2926c471ab6a37c19077b7972c3cb006f6ceeada6a539d5b3d95

The Foole hath sayd in his heart, there is no such thing as Justice; and sometimes also with his tongue; seriously alleaging, that every mans 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 ones 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 feare of God, (for the same Foole 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 onely the dispraise, and revilings, but also the power of other men. The Kingdome 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, Succesfull wickednesse hath obtained the Name of Vertue; 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 Kingdome. And the Heathen that believed, that Saturn was deposed by his son Jupiter, believed neverthelesse the same Jupiter to be the avenger of Injustice: Somewhat like to a piece of Law in Cokes Commentaries on Litleton; where he sayes, If the right Heire of the Crown be attainted of Treason; yet the Crown shall descend to him, and Eo Instante the Atteynder be voyd; From which instances a man will be very prone to inferre; that when the Heire apparent of a Kingdome, 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.

Ссылаются нормы: FooleInstanceOfHeaven, FooleInstanceOfRebellion, FooleSaysBreachIsNotAgainstReason

en · official · sha256:07632beb2fb73848cfefd99d35af3923d0106dff2ed82f5e35a20fedc4478cbf

For the question is not of promises mutuall, where there is no security of performance on either side; as when there is no Civill Power erected over the parties promising; for such promises are no Covenants: But either where one of the parties has performed already; or where there is a Power to make him performe; there is the question whether it be against reason, that is, against the benefit of the other to performe, 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 any thing can be foreseen, and reckoned on, tendeth to his own destruction, howsoever some accident which he could not expect, arriving may turne it to his benefit; yet such events do not make it reasonably or wisely done. Secondly, that in a condition of Warre, wherein every man to every man, for want of a common Power to keep them all in awe, is an Enemy, there is no man can hope by his own strength, or wit, to defend himselfe 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 errour of them that receive him; nor when he is received, be retayned in it, without seeing the danger of their errour; which errours 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 is by the errours 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 onely out of ignorance of what is good for themselves.

Ссылаются нормы: BreakerCannotBeReceivedIntoSociety, CastOutOfSocietyHePerisheth, ForeseeableDestructionIsNotWiselyDone

en · official · sha256:fb7084033bb806bdfd957540214e3ed9ad8858c1ee586acad9d26325cb32fcd3

As for the Instance of gaining the secure and perpetuall felicity of Heaven, by any way; it is frivolous: there being but one way imaginable; and that is not breaking, but keeping of Covenant.

Ссылаются нормы: InstanceOfHeavenIsFrivolous

en · official · sha256:6a7975d89af4f50e8d1359db5f20569fdadc5704295727605d8551ed2d14de52

And for the other Instance of attaining Soveraignty by Rebellion; it is 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 any thing destructive to our life; and consequently a Law of Nature.

Ссылаются нормы: JusticeIsARuleOfReason, RebellionCannotReasonablyBeExpected

en · official · sha256:a19cd6a25411932b21073bf7cb687e698ee33f7dba485db10d9a9b4d1ab5a0aa

There be some that proceed further; and will not have the Law of Nature, to be those Rules which conduce to the preservation of mans life on earth; but to the attaining of an eternall felicity after death; to which they think the breach of Covenant may conduce; and consequently be just and reasonable; (such are they that think it a work of merit to kill, or depose, or rebell against, the Soveraigne Power constituted over them by their own consent.) But because there is no naturall knowledge of mans estate after death; much lesse of the reward that is then to be given to breach of Faith; but onely a beliefe grounded upon other mens 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.

Ссылаются нормы: NoNaturallKnowledgeAfterDeath, ObjectionOfEternallFelicity

en · official · sha256:38d6bf58d1634067452412544ff7ae140ba61a8827d5ab9c96c8a10f7770a931

Covenants Not Discharged By The Vice Of The Person To Whom Made

en · official · sha256:bca403b2c89d297c6e94c257af3e40d665edc597937a73fdc2f934ef6aa6462e

Others, that allow for a Law of Nature, the keeping of Faith, do neverthelesse make exception of certain persons; as Heretiques, and such as use not to performe their Covenant to others: And this also is against reason. For if any fault of a man, be sufficient to discharge our Covenant made; the same ought in reason to have been sufficient to have hindred the making of it.

Ссылаются нормы: CovenantsNotDischargedByViceOfTheOther

en · official · sha256:5e69cc410407173c1476134d9e5a5ea006c77f57c73ce26cb8d34b30941d87bb

Justice Of Men, And Justice Of Actions What

en · official · sha256:73ff125bb171720f8ffb09bd76d4a8d4a2a4611fde9ce4db365ae2ad19a0bcbc

The names of Just, and Unjust, when they are attributed to Men, signifie one thing; and when they are attributed to Actions, another. When they are attributed to Men, they signifie Conformity, or Inconformity of Manners, to Reason. But when they are attributed to Actions, they signifie the Conformity, or Inconformity to Reason, not of Manners, or 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 stiled by the names of Righteous, and Unrighteous; then 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, of forbeares to do, for feare: because his Will is not framed by the Justice, but by the apparant benefit of what he is to do. That which gives to humane Actions the relish of Justice, is a certain Noblenesse or Gallantnesse of courage, (rarely found,) by which a man scorns to be beholding 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 Vertue; and Injustice a Vice.

Ссылаются нормы: AJustManIsHeThatTakethCare, AnUnjustManIsHeThatNeglectethIt, RighteousManKeepsTitleDespiteSuddenPassion

en · official · sha256:8eb22e077c85a6f9cf646972180cb530e8008084a897512ede5db1a5d842b31f

But the Justice of Actions denominates men, not Just, but Guiltlesse; and the Injustice of the same, (which is also called Injury,) gives them but the name of Guilty.

en · official · sha256:79890f032361045a5419dfc73002ec399d595c97eb31df1356a874965c3883cc

Justice Of Manners, And Justice Of Actions

en · official · sha256:96275cc1d63621ec4d987dd8756a28a2ee0880d913fac89bf1fe5b82b7e7782e

Again, the Injustice of Manners, is the disposition, or aptitude to do Injurie; and is Injustice before it proceed to Act; and without supposing any individuall person injured. But the Injustice of an Action, (that is to say Injury,) supposeth an individuall person Injured; namely him, to whom the Covenant was made: And therefore many times the injury is received by one man, when the dammage redoundeth to another. As when The Master commandeth his servant to give mony to a stranger; if it be not done, the Injury is done to the Master, whom he had before Covenanted to obey; but the dammage redoundeth to the stranger, to whom he had no Obligation; and therefore could not Injure him. And so also in Common-wealths, private men may remit to one another their debts; but not robberies or other violences, whereby they are endammaged; because the detaining of Debt, is an Injury to themselves; but Robbery and Violence, are Injuries to the Person of the Common-wealth.

Ссылаются нормы: InjuryIsToHimToWhomTheCovenantWasMade

en · official · sha256:73ae39589b87ff9c1907ee8298641fc3b2555b7438fcf2a3368aa474f9833415

Nothing Done To A Man, By His Own Consent Can Be Injury

en · official · sha256:3a7a7b0f4dfb002408212c40527a96d83f09a4a64edab26003f81ec2ad7f2e44

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 originall 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.

Ссылаются нормы: NothingDoneByConsentIsInjury

en · official · sha256:9c1e96bff7bdd951c34d3b83b62c98796fb0cbb96f99832f649333e2af17b63b

Justice Commutative, And Distributive

en · official · sha256:4702a9e835a9d88feeeda6bf3dadb745272238f0612d0b3dbb902610ec9cc547

Justice of Actions, is by Writers divided into Commutative, and Distributive; and the former they say consisteth in proportion Arithmeticall; the later in proportion Geometricall. Commutative therefore, they place in the equality of value of the things contracted for; And Distributive, in the distribution of equall benefit, to men of equall 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 onely. 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.

Ссылаются нормы: CommutativeJusticeIsPerformanceOfCovenant

en · official · sha256:00e157449864b79e3789d3d4bce61682fddef5b9fb9e053469d330974bca4799

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 performe his Trust, he is said to distribute to every man his own: and his 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 shewn in due place.

Ссылаются нормы: DistributiveJusticeIsMoreProperlyEquity

en · official · sha256:15ca4dde9da11219c1bfe0faa82d32624087de28862231006bac11c4b45b9d72

The Fourth Law Of Nature, Gratitude

en · official · sha256:271b403816a1918fcfd8c41156e131d33a253e9b4ed40837ebb9a1b5d04fbc39

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 Forme, "That a man which receiveth Benefit from another of meer 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 himselfe; 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 mutuall help; nor of reconciliation of one man to another; and therefore they are to remain still in the condition of War; which is contrary to the first and Fundamentall Law of Nature, which commandeth men to Seek Peace. The breach of this Law, is called Ingratitude; and hath the same relation to Grace, that Injustice hath to Obligation by Covenant.

Ссылаются нормы: BreachOfGratitudeIsIngratitude, EndeavourGiverRepentNot, FourthLawGratitude

en · official · sha256:d20568ed8e69762d545a5116f361425aa6d97606f63ff8372dbe95bd3f26da8d

The Fifth, Mutuall accommodation, or Compleasance

en · official · sha256:63dbe11fb6e05271c2fcbf21f14900387178654df53578fee14a2205118029ec

A fifth Law of Nature, is COMPLEASANCE; that is to say, "That every man strive to accommodate himselfe to the rest." For the understanding whereof, we may consider, that there is in mens aptnesse 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 Aedifice. For as that stone which by the asperity, and irregularity of Figure, takes more room from others, than it selfe fills; and for the hardnesse, 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 himselfe 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 combersome thereunto. For seeing every man, not onely 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 himselfe against it, for things superfluous, is guilty of the warre that thereupon is to follow; and therefore doth that, which is contrary to the fundamentall Law of Nature, which commandeth To Seek Peace. The observers of this Law, may be called SOCIABLE, (the Latines call them Commodi;) The contrary, Stubborn, Insociable, Froward, Intractable.

Ссылаются нормы: FifthLawComplaisance, ObserversOfComplaisanceAreSociable, OpposingForSuperfluousThingsIsGuiltyOfWarre, StriveToAccommodate

en · official · sha256:9bddd82ee64c28836105b563f89dbbe7065a52f8b8198f5282b2f13445059aff

The Sixth, Facility To Pardon

en · official · sha256:676d8f18807821ca904ab9660d4a7736c6aa72a9cf422879583bc75f83b0bdc3

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 Feare; yet not granted to them that give caution of the Future time, is signe of an aversion to Peace; and therefore contrary to the Law of Nature.

Ссылаются нормы: PardonOffencesPast, SixthLawFacilityToPardon

en · official · sha256:6b5e9626c1cff0b875703e5f504e13649837d8fb6e13631c3d4c46e2adc7494e

The Seventh, That In Revenges, Men Respect Onely The Future Good

en · official · sha256:6ddbeb91927822a547bce3a98d3898b3b490c18ba43a951ba368fdef5f8f9342

A seventh is, " That in Revenges, (that is, retribution of evil for evil,) Men look not at the greatnesse of the evill past, but the greatnesse of the good to follow." Whereby we are forbidden to inflict punishment with any other designe, 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 Example, and profit to come, is a triumph, or glorying in the hurt of another, tending to no end; (for the End is alwayes somewhat to Come;) and glorying to no end, is vain-glory, and contrary to reason; and to hurt without reason, tendeth to the introduction of Warre; which is against the Law of Nature; and is commonly stiled by the name of Cruelty.

Ссылаются нормы: PunishWithoutRespectToTheFuture, RevengeWithoutRespectToComeIsCruelty, SeventhLawRevengeRespectingFutureGood

en · official · sha256:13aa45fa593d4d64280d92a1e8a325b93c219d572431935a38b5334a5c47a50c

The Eighth, Against Contumely

en · official · sha256:ebb8ab4fc206f1bcbb222749a78fa97ac91b4cb855472be4cc1fcffa87ae60ef

And because all signes of hatred, or contempt, provoke to fight; insomuch as most men choose rather to hazard their life, than not to be revenged; we may in the eighth place, for a Law of Nature set down this Precept, "That no man by deed, word, countenance, or gesture, declare Hatred, or Contempt of another." The breach of which Law, is commonly called Contumely.

Ссылаются нормы: BreachOfTheEighthIsContumely, DeclareHatredOrContempt, EighthLawAgainstContumely

en · official · sha256:dd7aadf694779448c01af739714ef67b2e1164db6a4d6ba4e1cd01a92d0a4434

The Ninth, Against Pride

en · official · sha256:7693fb39c6d14f51c793e45e46d0297d74811aa8bc43ea0f481f9184df4b918e

The question who is the better man, has no place in the condition of meer Nature; where, (as has been shewn before,) all men are equall. The inequallity that now is, has been introduced by the Lawes civill. I know that Aristotle in the first booke of his Politiques, for a foundation of his doctrine, maketh men by Nature, some more worthy to Command, meaning the wiser sort (such as he thought himselfe to be for his Philosophy;) others to Serve, (meaning those that had strong bodies, but were not Philosophers as he;) as if Master and Servant were not introduced by consent of men, but by difference of Wit; which is not only against reason; but also against experience. For there are very few so foolish, that had not rather governe themselves, than be governed by others: Nor when the wise in their own conceit, contend by force, with them who distrust their owne wisdome, do they alwaies, or often, or almost at any time, get the Victory. If Nature therefore have made men equall, that equalitie is to be acknowledged; or if Nature have made men unequall; yet because men that think themselves equall, will not enter into conditions of Peace, but upon Equall termes, such equalitie must be admitted. And therefore for the ninth Law of Nature, I put this, "That every man acknowledge other for his Equall by Nature." The breach of this Precept is Pride.

Ссылаются нормы: AcknowledgeOtherAsEquall, BreachOfTheNinthIsPride, NinthLawAcknowledgeEquality

en · official · sha256:54fe29b0eb08a28335f90940b9712cf3090fb8a08aa7e3f42a75f1daa3316327

The Tenth Against Arrogance

en · official · sha256:2cb7c1c6bbbcbe1daccd3ec7721d76859b61b2c3d939f1c20723141921e4da20

On this law, dependeth another, "That at the entrance into conditions of Peace, no man require to reserve to himselfe any Right, which he is not content should be reserved to every one of the rest." As it is necessary for all men that seek peace, to lay down certaine Rights of Nature; that is to say, not to have libertie to do all they list: so is it necessarie for mans life, to retaine some; as right to governe their owne bodies; enjoy aire, water, motion, waies to go from place to place; and all things else without which a man cannot live, or not live well. If in this case, at the making of Peace, men require for themselves, that which they would not have to be granted to others, they do contrary to the precedent law, that commandeth the acknowledgement of naturall equalitie, and therefore also against the law of Nature. The observers of this law, are those we call Modest, and the breakers Arrogant Men. The Greeks call the violation of this law pleonexia; that is, a desire of more than their share.

Ссылаются нормы: BreakersOfTheTenthAreArrogant, ObserversOfTheTenthAreModest, ReserveRightNotAllowedToOthers, TenthLawAgainstArrogance, assert-24, assert-25, assert-26, assert-27, assert-28

en · official · sha256:ab678fff48c8ecbdaeb793ab90aef838b2ed8f23f0ce1f8da7eeb49600edc916

The Eleventh Equity

en · official · sha256:d836351748befcbdbe3af5979633b04c50bca50209ad81102d1b6c709373c977

Also "If a man be trusted to judge between man and man," it is a precept of the Law of Nature, "that he deale Equally between them." For without that, the Controversies of men cannot be determined but by Warre. He therefore that is partiall in judgment, doth what in him lies, to deterre men from the use of Judges, and Arbitrators; and consequently, (against the fundamentall Lawe of Nature) is the cause of Warre.

Ссылаются нормы: DealeEquallyBetweenThem, EleventhLawEquity, PartiallJudgeIsCauseOfWarre

en · official · sha256:314a759e4ca68d5f9ae52df92ee1eef1f26e4d46458913f403f6ce7523ff8b53

The observance of this law, from the equall distribution to each man, of that which in reason belongeth to him, is called EQUITY, and (as I have sayd before) distributive justice: the violation, Acception Of Persons, Prosopolepsia.

Ссылаются нормы: ViolationOfEquityIsAcceptionOfPersons

en · official · sha256:397f7d689fad1584bdad1a8b293ed7f117e53c6914e02508a8e25a3987bb0b59

The Twelfth, Equall Use Of Things Common

en · official · sha256:1af1a9eb15c4122e2dbeb5d9f1ffdb524f88f0804f87df45e25bdd93303f000e

And from this followeth another law, "That such things as cannot be divided, be enjoyed in Common, if it can be; and if the quantity of the thing permit, without Stint; otherwise Proportionably to the number of them that have Right." For otherwise the distribution is Unequall, and contrary to Equitie.

Ссылаются нормы: EnjoyInCommonWithoutStint, EnjoyProportionably, TwelfthLawProportionably, TwelfthLawWithoutStint

en · official · sha256:bb3fabd086be141187c80f2631e125cc0ae4ae39407b6a8de3f1637d07e81040

The Thirteenth, Of Lot

en · official · sha256:e6847189d6f00c8018b2982174dd6725c316447f8cf20f3785ec37cf265bf216

But some things there be, that can neither be divided, nor enjoyed in common. Then, The Law of Nature, which prescribeth Equity, requireth, "That the Entire Right; or else, (making the use alternate,) the First Possession, be determined by Lot." For equall distribution, is of the Law of Nature; and other means of equall distribution cannot be imagined.

Ссылаются нормы: DetermineByLot, ThirteenthLawOfLot

en · official · sha256:918c6eb1ac7016dc5cd285eac10690d5bc2f94ea5784ed0a6d4a15b459e0d979

The Fourteenth, Of Primogeniture, And First Seising

en · official · sha256:972fe9816d5b71d4f847e65c0103a5b96ebca919d9c08d1dae1e60293ae391c9

Of Lots there be two sorts, Arbitrary, and Naturall. Arbitrary, is that which is agreed on by the Competitors; Naturall, is either Primogeniture, (which the Greek calls Kleronomia, which signifies, Given by Lot;) or First Seisure.

en · official · sha256:36886188b1e2d805ae84658f38c66d99a8f99b098a8604db83939175631a9c96

And therefore those things which cannot be enjoyed in common, nor divided, ought to be adjudged to the First Possessor; and is some cases to the First-Borne, as acquired by Lot.

Ссылаются нормы: FourteenthLawFirstBorne, FourteenthLawFirstPossessor

en · official · sha256:e48970f15d95d450183c1f6c5c1e8ee71a6132060eee72bb46803f650dd2d5ef

The Fifteenth, Of Mediators

en · official · sha256:bc47a55a806c2a02bdfbac62895b387168836571574008d5269ef9e23c607e43

It is also a Law of Nature, "That all men that mediate Peace, be allowed safe Conduct." For the Law that commandeth Peace, as the End, commandeth Intercession, as the Means; and to Intercession the Means is safe Conduct.

Ссылаются нормы: AllowSafeConduct, FifteenthLawSafeConductForMediators

en · official · sha256:4f195223b803c50955c325fee4434cdcba4b7babce631dc54fcd7ad4098067fa

The Sixteenth, Of Submission To Arbitrement

en · official · sha256:685ffc6393730be75e776765260ac4b15003bcbe961afe0c01166995755a5de7

And because, though men be never so willing to observe these Lawes, there may neverthelesse arise questions concerning a mans action; First, whether it were done, or not done; Secondly (if done) whether against the Law, or not against the Law; the former whereof, is called a question Of Fact; the later a question Of Right; therefore unlesse the parties to the question, Covenant mutually to stand to the sentence of another, they are as farre from Peace as ever. This other, to whose Sentence they submit, is called an ARBITRATOR. And therefore it is of the Law of Nature, "That they that are at controversie, submit their Right to the judgement of an Arbitrator."

Ссылаются нормы: QuestionOfFactDecided, QuestionOfRightDecided, SixteenthLawSubmissionToArbitrement, SubmitToArbitrement

en · official · sha256:071bf056c0bd1f2dbd17fed09699a873350a64e4ca84b9c1d4e6516bce713865

The Seventeenth, No Man Is His Own Judge

en · official · sha256:3e2083f5924a6b25d0d7f7636dbc0e13d2fc2990d128793ef5cdd07bd33182d5

And seeing every man is presumed to do all things in order to his own benefit, no man is a fit Arbitrator in his own cause: and if he were never so fit; yet Equity allowing to each party equall benefit, if one be admitted to be Judge, the other is to be admitted also; & so the controversie, that is, the cause of War, remains, against the Law of Nature.

Ссылаются нормы: BeArbitratorInHisOwnCause, SeventeenthLawNoManHisOwnJudge

en · official · sha256:4cc3af7c4c1977d485388b42240393093836492431bbef0b2ab3b08ef5928e39

The Eighteenth, No Man To Be Judge, That Has In Him Cause Of Partiality

en · official · sha256:10e37483ddc6247aaa2432eb8a2c78f0415e67ec5bb82065e98f87ef34a0beb6

For the same reason no man in any Cause ought to be received for Arbitrator, to whom greater profit, or honour, or pleasure apparently ariseth out of the victory of one party, than of the other: for he hath taken (though an unavoydable bribe, yet) a bribe; and no man can be obliged to trust him. And thus also the controversie, and the condition of War remaineth, contrary to the Law of Nature.

Ссылаются нормы: BePartialArbitrator, EighteenthLawNoPartialArbitrator

en · official · sha256:14cedaff66bd0b76d5e18631bed809ae0466f74c559c68d97dfb010e71c228a5

The Nineteenth, Of Witnesse

en · official · sha256:7097e2cda14b4d41839bf2c27fe740ef873baa62dd1e5f769ad11a623a30a035

And in a controversie of Fact, the Judge being to give no more credit to one, than to the other, (if there be no other Arguments) must give credit to a third; or to a third and fourth; or more: For else the question is undecided, and left to force, contrary to the Law of Nature.

Ссылаются нормы: GiveCreditToAThird, NineteenthLawOfWitnesses

en · official · sha256:f59df57e0e4f58f84d5537b4f620e22d8b8040dd6df48c51973df47c384ecc5c

These are the Lawes of Nature, dictating Peace, for a means of the conservation of men in multitudes; and which onely concern the doctrine of Civill Society. There be other things tending to the destruction of particular men; as Drunkenness, and all other parts of Intemperance; which may therefore also be reckoned amongst those things which the Law of Nature hath forbidden; but are not necessary to be mentioned, nor are pertinent enough to this place.

Ссылаются нормы: LawsOfCivilSocietyAreLawsOfNature, LawsOfCivilSocietyClosure, assert-1, assert-10, assert-11, assert-12, assert-13, assert-14, assert-15, assert-16, assert-17, assert-18, assert-19, assert-2, assert-3, assert-4, assert-5, assert-6, assert-7, assert-8, assert-9

en · official · sha256:2203a790e5c03a2f1d1ab758cf89b76862a12ae6310bbc47f3a06ad2aa64fd9a

A Rule, By Which The Laws Of Nature May Easily Be Examined

en · official · sha256:83b6b45951bb743dd683761314f28d1f8eeaad6d43ce4886f0db5705b2d0a8c4

And though this may seem too subtile a deduction of the Lawes of Nature, to be taken notice of by all men; whereof the most part are too busie in getting food, and the rest too negligent to understand; yet to leave all men unexcusable, they have been contracted into one easie sum, intelligible even to the meanest capacity; and that is, "Do not that to another, which thou wouldest not have done to thy selfe;" which sheweth him, that he has no more to do in learning the Lawes of Nature, but, when weighing the actions of other men with his own, they seem too heavy, to put them into the other part of the ballance, and his own into their place, that his own passions, and selfe-love, may adde nothing to the weight; and then there is none of these Lawes of Nature that will not appear unto him very reasonable.

Ссылаются нормы: DoNotThatToAnother, DoingToAnotherWhatHeWouldNotHaveDone

en · official · sha256:2aadfbe3ed042ed90aa9786e92f145d87a16062f1996ad8e7294d96adbd496bc

The Lawes Of Nature Oblige In Conscience Alwayes,

en · official · sha256:1b00c55934a30a16d138759a0fb927c3b6f02b967e13ce587ba822d33d5e6215

But In Effect Then Onely When There Is Security The Lawes of Nature oblige In Foro Interno; that is to say, they bind to a desire they should take place: but In Foro Externo; that is, to the putting them in act, not alwayes. For he that should be modest, and tractable, and performe all he promises, in such time, and place, where no man els should do so, should but make himselfe a prey to others, and procure his own certain ruine, contrary to the ground of all Lawes of Nature, which tend to Natures preservation. And again, he that shall observe the same Lawes towards him, observes them not himselfe, seeketh not Peace, but War; & consequently the destruction of his Nature by Violence.

Ссылаются нормы: EndeavourTheLawOfNature, LawesOfNatureBindInForoExternoOnlyWithSecurity, LawesOfNatureObligeInForoInterno

en · official · sha256:de4a143e27362016cb72c77a8581c80bbf16003e1733fc3ea3e542d96a42670b

And whatsoever Lawes bind In Foro Interno, may be broken, not onely by a fact contrary to the Law but also by a fact according to it, in case a man think it contrary. For though his Action in this case, be according to the Law; which where the Obligation is In Foro Interno, is a breach.

Ссылаются нормы: BreachInForoInternoByActThoughtContrary

en · official · sha256:4179c300971158f1a29a69844e999bb570bd3cd6086ff4bcd673eadfe3d28377

The Laws Of Nature Are Eternal;

en · official · sha256:ab3934ed0af719cc21fb4be446ab3ca96bce12d1ecb3e0f5e162866c399bdf34

The Lawes of Nature are Immutable and Eternall, For Injustice, Ingratitude, Arrogance, Pride, Iniquity, Acception of persons, and the rest, can never be made lawfull. For it can never be that Warre shall preserve life, and Peace destroy it.

Ссылаются нормы: NamedVicesCanNeverBeMadeLawfull, NoViceMadeLawfull, VicesAreImmuneFromBeingMadeLawfull, assert-29, assert-30, assert-31, assert-32, assert-33, assert-34

en · official · sha256:ec9e1f5ff16a1772970ddb76ef5ccdd21d62fed19b9a6de970de96c5b2185bf5

And Yet Easie

en · official · sha256:d4a682e54886709016c67b4f1efdd5f8d260ed94682d75e23682c73682cec041

The same Lawes, because they oblige onely to a desire, and endeavour, I mean an unfeigned and constant endeavour, are easie to be observed. For in that they require nothing but endeavour; he that endeavoureth their performance, fulfilleth them; and he that fulfilleth the Law, is Just.

Ссылаются нормы: EndeavourFulfillethTheLaw, HeThatFulfillethTheLawIsJust

en · official · sha256:492b8864e0f131ae78bc71890465b63e1ca2f199b7497c2821346f4718f3b625

The Science Of These Lawes, Is The True Morall Philosophy

en · official · sha256:99f0222430e5029c150d40e853b33614a9e4eee2eaf29f06ff07be1730677e3f

And the Science of them, is the true and onely Moral Philosophy. For Morall Philosophy is nothing else but the Science of what is Good, and Evill, in the conversation, and Society of mankind. Good, and Evill, are names that signifie our Appetites, and Aversions; which in different tempers, customes, and doctrines of men, are different: And divers men, differ not onely in their Judgement, on the senses of what is pleasant, and unpleasant to the tast, smell, hearing, touch, and sight; but also of what is conformable, or disagreeable to Reason, in the actions of common life. Nay, the same man, in divers times, differs from himselfe; and one time praiseth, that is, calleth Good, what another time he dispraiseth, and calleth Evil: From whence arise Disputes, Controversies, and at last War. And therefore so long as man is in the condition of meer Nature, (which is a condition of War,) as private Appetite is the measure of Good, and Evill: and consequently all men agree on this, that Peace is Good, and therefore also the way, or means of Peace, which (as I have shewed before) are Justice, Gratitude, Modesty, Equity, Mercy, & the rest of the Laws of Nature, are good; that is to say, Morall Vertues; and their contrarie Vices, Evill. Now the science of Vertue and Vice, is Morall Philosophie; and therfore the true Doctrine of the Lawes of Nature, is the true Morall Philosophie. But the Writers of Morall Philosophie, though they acknowledge the same Vertues and Vices; Yet not seeing wherein consisted their Goodnesse; nor that they come to be praised, as the meanes of peaceable, sociable, and comfortable living; place them in a mediocrity of passions: as if not the Cause, but the Degree of daring, made Fortitude; or not the Cause, but the Quantity of a gift, made Liberality.

Ссылаются нормы: MeansOfPeaceAreMorallVertues

en · official · sha256:eb600b525441de752b1f23681b65c362b5f8e9c4a97f21d740651c665baf378c

These dictates of Reason, men use to call by the name of Lawes; but improperly: for they are but Conclusions, or Theoremes concerning what conduceth to the conservation and defence of themselves; whereas Law, properly is the word of him, that by right hath command over others. But yet if we consider the same Theoremes, as delivered in the word of God, that by right commandeth all things; then are they properly called Lawes.

Ссылаются нормы: DictatesOfReasonAreButTheoremes, TheoremesDeliveredByGodAreProperlyLawes