No More Learning

But neither of us accuse
mans nature in it. The Desires, and other Passions of man, are in
themselves no Sin. No more are the Actions, that proceed from those
Passions, till they know a Law that forbids them; which till Lawes be
made they cannot know: nor can any Law be made, till they have agreed
upon the Person that shall make it.

It may peradventure be thought, there was never such a time, nor
condition of warre as this; and I believe it was never generally so,
over all the world: but there are many places, where they live so now.
For the savage people in many places of America, except the government
of small Families, the concord whereof dependeth on naturall lust, have
no government at all; and live at this day in that brutish manner, as
I said before. Howsoever, it may be perceived what manner of life there
would be, where there were no common Power to feare; by the manner of
life, which men that have formerly lived under a peacefull government,
use to degenerate into, in a civill Warre.

But though there had never been any time, wherein particular men were in
a condition of warre one against another; yet in all times, Kings, and
persons of Soveraigne authority, because of their Independency, are
in continuall jealousies, and in the state and posture of Gladiators;
having their weapons pointing, and their eyes fixed on one another;
that is, their Forts, Garrisons, and Guns upon the Frontiers of their
Kingdomes; and continuall Spyes upon their neighbours; which is a
posture of War. But because they uphold thereby, the Industry of their
Subjects; there does not follow from it, that misery, which accompanies
the Liberty of particular men.




In Such A Warre, Nothing Is Unjust

To this warre of every man against every man, this also is consequent;
that nothing can be Unjust. The notions of Right and Wrong, Justice and
Injustice have there no place. Where there is no common Power, there is
no Law: where no Law, no Injustice. Force, and Fraud, are in warre the
two Cardinall vertues. Justice, and Injustice are none of the Faculties
neither of the Body, nor Mind. If they were, they might be in a man that
were alone in the world, as well as his Senses, and Passions. They
are Qualities, that relate to men in Society, not in Solitude. It is
consequent also to the same condition, that there be no Propriety, no
Dominion, no Mine and Thine distinct; but onely that to be every mans
that he can get; and for so long, as he can keep it. And thus much
for the ill condition, which man by meer Nature is actually placed in;
though with a possibility to come out of it, consisting partly in the
Passions, partly in his Reason.




The Passions That Incline Men To Peace

The Passions that encline men to Peace, are Feare of Death; Desire of
such things as are necessary to commodious living; and a Hope by their
Industry to obtain them. And Reason suggesteth convenient Articles of
Peace, upon which men may be drawn to agreement. These Articles, are
they, which otherwise are called the Lawes of Nature: whereof I shall
speak more particularly, in the two following Chapters.



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




Right Of Nature What

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.




Liberty What

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.




A Law Of Nature What

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.




Naturally Every Man Has Right To Everything

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.




The Fundamental Law Of Nature

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. "




The Second Law Of Nature

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. "




What it is to lay down a Right

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.




Renouncing (or) Transferring Right What; Obligation Duty Justice

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.




Not All Rights Are Alienable

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.




Contract What

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

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.




Covenant What

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.




Free-gift

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.




Signes Of Contract Expresse

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.




Signes Of Contract By Inference

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.




Free Gift Passeth By Words Of The Present Or Past

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.

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.




Merit What

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.




Covenants Of Mutuall Trust, When Invalid

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.

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.

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.




Right To The End, Containeth Right To The Means

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.




No Covenant With Beasts

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.




Nor With God Without Speciall Revelation

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.




No Covenant, But Of Possible And Future

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.

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.




Covenants How Made Voyd

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.




Covenants Extorted By Feare Are Valide

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.




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

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.




A Mans Covenant Not To Defend Himselfe, Is Voyd

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.




No Man Obliged To Accuse Himselfe

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.




The End Of An Oath; The Forme Of As Oath

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.




No Oath, But By God

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.




An Oath Addes Nothing To The Obligation

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.



CHAPTER XV. OF OTHER LAWES OF NATURE




The Third Law Of Nature, Justice

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.




Justice And Injustice What

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.

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.




Justice Not Contrary To Reason

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.

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.

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.

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.

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.




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

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.




Justice Of Men, And Justice Of Actions What

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.

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.




Justice Of Manners, And Justice Of Actions

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.




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

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.




Justice Commutative, And Distributive

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.

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.




The Fourth Law Of Nature, Gratitude

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.




The Fifth, Mutuall accommodation, or Compleasance

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.




The Sixth, Facility To Pardon

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.




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

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.




The Eighth, Against Contumely

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.




The Ninth, Against Pride

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.




The Tenth Against Arrogance

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.




The Eleventh Equity

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.

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.




The Twelfth, Equall Use Of Things Common

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.




The Thirteenth, Of Lot

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.




The Fourteenth, Of Primogeniture, And First Seising

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.

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.




The Fifteenth, Of Mediators

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.




The Sixteenth, Of Submission To Arbitrement

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. "




The Seventeenth, No Man Is His Own Judge

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.




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

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.




The Nineteenth, Of Witnesse

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.

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.




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

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.




The Lawes Of Nature Oblige In Conscience Alwayes,

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.

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.




The Laws Of Nature Are Eternal;

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.




And Yet Easie

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.




The Science Of These Lawes, Is The True Morall Philosophy

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.

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.



CHAPTER XVI. OF PERSONS, AUTHORS, AND THINGS PERSONATED



A Person What

A PERSON, is he "whose words or actions are considered, either as his
own, or as representing the words or actions of an other man, or of any
other thing to whom they are attributed, whether Truly or by Fiction. "




Person Naturall, And Artificiall

When they are considered as his owne, then is he called a Naturall
Person: And when they are considered as representing the words and
actions of an other, then is he a Feigned or Artificiall person.




The Word Person, Whence

The word Person is latine: instead whereof the Greeks have Prosopon,
which signifies the Face, as Persona in latine signifies the Disguise,
or Outward Appearance of a man, counterfeited on the Stage; and somtimes
more particularly that part of it, which disguiseth the face, as a Mask
or Visard: And from the Stage, hath been translated to any Representer
of speech and action, as well in Tribunalls, as Theaters. So that a
Person, is the same that an Actor is, both on the Stage and in common
Conversation; and to Personate, is to Act, or Represent himselfe, or an
other; and he that acteth another, is said to beare his Person, or
act in his name; (in which sence Cicero useth it where he saies, "Unus
Sustineo Tres Personas; Mei, Adversarii, & Judicis, I beare three
Persons; my own, my Adversaries, and the Judges;") and is called in
diverse occasions, diversly; as a Representer, or Representative, a
Lieutenant, a Vicar, an Attorney, a Deputy, a Procurator, an Actor, and
the like.




Actor, Author; Authority

Of Persons Artificiall, some have their words and actions Owned by
those whom they represent. And then the Person is the Actor; and he that
owneth his words and actions, is the AUTHOR: In which case the
Actor acteth by Authority. For that which in speaking of goods and
possessions, is called an Owner, and in latine Dominus, in Greeke
Kurios; speaking of Actions, is called Author. And as the Right of
possession, is called Dominion; so the Right of doing any Action, is
called AUTHORITY. So that by Authority, is alwayes understood a Right
of doing any act: and Done By Authority, done by Commission, or Licence
from him whose right it is.




Covenants By Authority, Bind The Author

From hence it followeth, that when the Actor maketh a Covenant by
Authority, he bindeth thereby the Author, no lesse than if he had made
it himselfe; and no lesse subjecteth him to all the consequences of the
same. And therfore all that hath been said formerly, (Chap. 14) of the
nature of Covenants between man and man in their naturall capacity,
is true also when they are made by their Actors, Representers, or
Procurators, that have authority from them, so far-forth as is in their
Commission, but no farther.

And therefore he that maketh a Covenant with the Actor, or Representer,
not knowing the Authority he hath, doth it at his own perill. For no man
is obliged by a Covenant, whereof he is not Author; nor consequently by
a Covenant made against, or beside the Authority he gave.




But Not The Actor

When the Actor doth any thing against the Law of Nature by command of
the Author, if he be obliged by former Covenant to obey him, not he, but
the Author breaketh the Law of Nature: for though the Action be against
the Law of Nature; yet it is not his: but contrarily; to refuse to do
it, is against the Law of Nature, that forbiddeth breach of Covenant.




The Authority Is To Be Shewne

And he that maketh a Covenant with the Author, by mediation of the
Actor, not knowing what Authority he hath, but onely takes his word;
in case such Authority be not made manifest unto him upon demand, is
no longer obliged: For the Covenant made with the Author, is not valid,
without his Counter-assurance. But if he that so Covenanteth, knew
before hand he was to expect no other assurance, than the Actors word;
then is the Covenant valid; because the Actor in this case maketh
himselfe the Author. And therefore, as when the Authority is evident,
the Covenant obligeth the Author, not the Actor; so when the Authority
is feigned, it obligeth the Actor onely; there being no Author but
himselfe.




Things Personated, Inanimate

There are few things, that are uncapable of being represented by
Fiction. Inanimate things, as a Church, an Hospital, a Bridge, may
be Personated by a Rector, Master, or Overseer. But things Inanimate,
cannot be Authors, nor therefore give Authority to their Actors: Yet the
Actors may have Authority to procure their maintenance, given them by
those that are Owners, or Governours of those things. And therefore,
such things cannot be Personated, before there be some state of Civill
Government.




Irrational

Likewise Children, Fooles, and Mad-men that have no use of Reason, may
be Personated by Guardians, or Curators; but can be no Authors (during
that time) of any action done by them, longer then (when they shall
recover the use of Reason) they shall judge the same reasonable.
Yet during the Folly, he that hath right of governing them, may give
Authority to the Guardian. But this again has no place but in a State
Civill, because before such estate, there is no Dominion of Persons.




False Gods

An Idol, or meer Figment of the brain, my be Personated; as were the
Gods of the Heathen; which by such Officers as the State appointed, were
Personated, and held Possessions, and other Goods, and Rights, which men
from time to time dedicated, and consecrated unto them. But idols cannot
be Authors: for a Idol is nothing. The Authority proceeded from the
State: and therefore before introduction of Civill Government, the Gods
of the Heathen could not be Personated.




The True God

The true God may be Personated. As he was; first, by Moses; who governed
the Israelites, (that were not his, but Gods people,) not in his own
name, with Hoc Dicit Moses; but in Gods Name, with Hoc Dicit Dominus.
Secondly, by the son of man, his own Son our Blessed Saviour Jesus
Christ, that came to reduce the Jewes, and induce all Nations into the
Kingdome of his Father; not as of himselfe, but as sent from his Father.
And thirdly, by the Holy Ghost, or Comforter, speaking, and working
in the Apostles: which Holy Ghost, was a Comforter that came not of
himselfe; but was sent, and proceeded from them both.




A Multitude Of Men, How One Person

A Multitude of men, are made One Person, when they are by one man, or
one Person, Represented; so that it be done with the consent of
every one of that Multitude in particular. For it is the Unity of the
Representer, not the Unity of the Represented, that maketh the Person
One. And it is the Representer that beareth the Person, and but one
Person: And Unity, cannot otherwise be understood in Multitude.




Every One Is Author

And because the Multitude naturally is not One, but Many; they cannot
be understood for one; but many Authors, of every thing their
Representative faith, or doth in their name; Every man giving their
common Representer, Authority from himselfe in particular; and owning
all the actions the Representer doth, in case they give him Authority
without stint: Otherwise, when they limit him in what, and how farre
he shall represent them, none of them owneth more, than they gave him
commission to Act.




An Actor May Be Many Men Made One By Plurality Of Voyces

And if the Representative consist of many men, the voyce of the greater
number, must be considered as the voyce of them all. For if the lesser
number pronounce (for example) in the Affirmative, and the greater in
the Negative, there will be Negatives more than enough to destroy
the Affirmatives; and thereby the excesse of Negatives, standing
uncontradicted, are the onely voyce the Representative hath.




Representatives, When The Number Is Even, Unprofitable

And a Representative of even number, especially when the number is
not great, whereby the contradictory voyces are oftentimes equall, is
therefore oftentimes mute, and uncapable of Action. Yet in some cases
contradictory voyces equall in number, may determine a question; as in
condemning, or absolving, equality of votes, even in that they condemne
not, do absolve; but not on the contrary condemne, in that they absolve
not. For when a Cause is heard; not to condemne, is to absolve; but on
the contrary, to say that not absolving, is condemning, is not true. The
like it is in a deliberation of executing presently, or deferring
till another time; For when the voyces are equall, the not decreeing
Execution, is a decree of Dilation.




Negative Voyce

Or if the number be odde, as three, or more, (men, or assemblies;)
whereof every one has by a Negative Voice, authority to take away the
effect of all the Affirmative Voices of the rest, This number is no
Representative; because by the diversity of Opinions, and Interests of
men, it becomes oftentimes, and in cases of the greatest consequence, a
mute Person, and unapt, as for may things else, so for the government of
a Multitude, especially in time of Warre.

Of Authors there be two sorts. The first simply so called; which I have
before defined to be him, that owneth the Action of another simply.
The second is he, that owneth an Action, or Covenant of another
conditionally; that is to say, he undertaketh to do it, if the
other doth it not, at, or before a certain time. And these Authors
conditionall, are generally called SURETYES, in Latine Fidejussores, and
Sponsores; and particularly for Debt, Praedes; and for Appearance before
a Judge, or Magistrate, Vades.





PART II. OF COMMON-WEALTH



CHAPTER XVII. OF THE CAUSES, GENERATION, AND DEFINITION OF A
COMMON-WEALTH




The End Of Common-wealth, Particular Security

The finall Cause, End, or Designe of men, (who naturally love Liberty,
and Dominion over others,) in the introduction of that restraint upon
themselves, (in which wee see them live in Common-wealths,) is the
foresight of their own preservation, and of a more contented life
thereby; that is to say, of getting themselves out from that miserable
condition of Warre, which is necessarily consequent (as hath been shewn)
to the naturall Passions of men, when there is no visible Power to keep
them in awe, and tye them by feare of punishment to the performance of
their Covenants, and observation of these Lawes of Nature set down in
the fourteenth and fifteenth Chapters.




Which Is Not To Be Had From The Law Of Nature:

For the Lawes of Nature (as Justice, Equity, Modesty, Mercy, and (in
summe) Doing To Others, As Wee Would Be Done To,) if themselves, without
the terrour of some Power, to cause them to be observed, are contrary to
our naturall Passions, that carry us to Partiality, Pride, Revenge, and
the like. And Covenants, without the Sword, are but Words, and of no
strength to secure a man at all. Therefore notwithstanding the Lawes of
Nature, (which every one hath then kept, when he has the will to keep
them, when he can do it safely,) if there be no Power erected, or not
great enough for our security; every man will and may lawfully rely on
his own strength and art, for caution against all other men. And in all
places, where men have lived by small Families, to robbe and spoyle one
another, has been a Trade, and so farre from being reputed against the
Law of Nature, that the greater spoyles they gained, the greater was
their honour; and men observed no other Lawes therein, but the Lawes of
Honour; that is, to abstain from cruelty, leaving to men their lives,
and instruments of husbandry. And as small Familyes did then; so now
do Cities and Kingdomes which are but greater Families (for their own
security) enlarge their Dominions, upon all pretences of danger, and
fear of Invasion, or assistance that may be given to Invaders, endeavour
as much as they can, to subdue, or weaken their neighbours, by open
force, and secret arts, for want of other Caution, justly; and are
rememdbred for it in after ages with honour.




Nor From The Conjunction Of A Few Men Or Familyes

Nor is it the joyning together of a small number of men, that gives them
this security; because in small numbers, small additions on the one side
or the other, make the advantage of strength so great, as is sufficient
to carry the Victory; and therefore gives encouragement to an Invasion.
The Multitude sufficient to confide in for our Security, is not
determined by any certain number, but by comparison with the Enemy we
feare; and is then sufficient, when the odds of the Enemy is not of so
visible and conspicuous moment, to determine the event of warre, as to
move him to attempt.




Nor From A Great Multitude, Unlesse Directed By One Judgement

And be there never so great a Multitude; yet if their actions be
directed according to their particular judgements, and particular
appetites, they can expect thereby no defence, nor protection, neither
against a Common enemy, nor against the injuries of one another. For
being distracted in opinions concerning the best use and application
of their strength, they do not help, but hinder one another; and reduce
their strength by mutuall opposition to nothing: whereby they are
easily, not onely subdued by a very few that agree together; but also
when there is no common enemy, they make warre upon each other, for
their particular interests. For if we could suppose a great Multitude of
men to consent in the observation of Justice, and other Lawes of Nature,
without a common Power to keep them all in awe; we might as well suppose
all Man-kind to do the same; and then there neither would be nor need to
be any Civill Government, or Common-wealth at all; because there would
be Peace without subjection.




And That Continually

Nor is it enough for the security, which men desire should last all
the time of their life, that they be governed, and directed by one
judgement, for a limited time; as in one Battell, or one Warre. For
though they obtain a Victory by their unanimous endeavour against a
forraign enemy; yet afterwards, when either they have no common enemy,
or he that by one part is held for an enemy, is by another part held for
a friend, they must needs by the difference of their interests dissolve,
and fall again into a Warre amongst themselves.




Why Certain Creatures Without Reason, Or Speech,




Do Neverthelesse Live In Society, Without Any Coercive Power

It is true, that certain living creatures, as Bees, and Ants, live
sociably one with another, (which are therefore by Aristotle numbred
amongst Politicall creatures;) and yet have no other direction, than
their particular judgements and appetites; nor speech, whereby one of
them can signifie to another, what he thinks expedient for the common
benefit: and therefore some man may perhaps desire to know, why Man-kind
cannot do the same. To which I answer,

First, that men are continually in competition for Honour and Dignity,
which these creatures are not; and consequently amongst men there
ariseth on that ground, Envy and Hatred, and finally Warre; but amongst
these not so.

Secondly, that amongst these creatures, the Common good differeth not
from the Private; and being by nature enclined to their private, they
procure thereby the common benefit. But man, whose Joy consisteth
in comparing himselfe with other men, can relish nothing but what is
eminent.

Thirdly, that these creatures, having not (as man) the use of reason,
do not see, nor think they see any fault, in the administration of their
common businesse: whereas amongst men, there are very many, that thinke
themselves wiser, and abler to govern the Publique, better than the
rest; and these strive to reforme and innovate, one this way, another
that way; and thereby bring it into Distraction and Civill warre.

Fourthly, that these creatures, though they have some use of voice, in
making knowne to one another their desires, and other affections; yet
they want that art of words, by which some men can represent to others,
that which is Good, in the likenesse of Evill; and Evill, in the
likenesse of Good; and augment, or diminish the apparent greatnesse of
Good and Evill; discontenting men, and troubling their Peace at their
pleasure.

Fiftly, irrationall creatures cannot distinguish betweene Injury, and
Dammage; and therefore as long as they be at ease, they are not offended
with their fellowes: whereas Man is then most troublesome, when he is
most at ease: for then it is that he loves to shew his Wisdome, and
controule the Actions of them that governe the Common-wealth.

Lastly, the agreement of these creatures is Naturall; that of men, is
by Covenant only, which is Artificiall: and therefore it is no wonder
if there be somewhat else required (besides Covenant) to make their
Agreement constant and lasting; which is a Common Power, to keep them in
awe, and to direct their actions to the Common Benefit.




The Generation Of A Common-wealth

The only way to erect such a Common Power, as may be able to defend them
from the invasion of Forraigners, and the injuries of one another, and
thereby to secure them in such sort, as that by their owne industrie,
and by the fruites of the Earth, they may nourish themselves and live
contentedly; is, to conferre all their power and strength upon one
Man, or upon one Assembly of men, that may reduce all their Wills,
by plurality of voices, unto one Will: which is as much as to say, to
appoint one man, or Assembly of men, to beare their Person; and every
one to owne, and acknowledge himselfe to be Author of whatsoever he
that so beareth their Person, shall Act, or cause to be Acted, in those
things which concerne the Common Peace and Safetie; and therein to
submit their Wills, every one to his Will, and their Judgements, to his
Judgment. This is more than Consent, or Concord; it is a reall Unitie of
them all, in one and the same Person, made by Covenant of every man with
every man, in such manner, as if every man should say to every man, "I
Authorise and give up my Right of Governing my selfe, to this Man, or to
this Assembly of men, on this condition, that thou give up thy Right
to him, and Authorise all his Actions in like manner. " This done, the
Multitude so united in one Person, is called a COMMON-WEALTH, in latine
CIVITAS. This is the Generation of that great LEVIATHAN, or rather (to
speake more reverently) of that Mortall God, to which wee owe under the
Immortall God, our peace and defence. For by this Authoritie, given him
by every particular man in the Common-Wealth, he hath the use of so
much Power and Strength conferred on him, that by terror thereof, he is
inabled to forme the wills of them all, to Peace at home, and mutuall
ayd against their enemies abroad.




The Definition Of A Common-wealth

And in him consisteth the Essence of the Common-wealth; which (to
define it,) is "One Person, of whose Acts a great Multitude, by mutuall
Covenants one with another, have made themselves every one the Author,
to the end he may use the strength and means of them all, as he shall
think expedient, for their Peace and Common Defence. "




Soveraigne, And Subject, What

And he that carryeth this Person, as called SOVERAIGNE, and said to have
Soveraigne Power; and every one besides, his SUBJECT.

The attaining to this Soveraigne Power, is by two wayes. One, by
Naturall force; as when a man maketh his children, to submit themselves,
and their children to his government, as being able to destroy them if
they refuse, or by Warre subdueth his enemies to his will, giving them
their lives on that condition. The other, is when men agree amongst
themselves, to submit to some Man, or Assembly of men, voluntarily, on
confidence to be protected by him against all others. This later, may be
called a Politicall Common-wealth, or Common-wealth by Institution; and
the former, a Common-wealth by Acquisition. And first, I shall speak of
a Common-wealth by Institution.



CHAPTER XVIII. OF THE RIGHTS OF SOVERAIGNES BY INSTITUTION




The Act Of Instituting A Common-wealth, What

A Common-wealth is said to be Instituted, when a Multitude of men do
Agree, and Covenant, Every One With Every One, that to whatsoever Man,
or Assembly Of Men, shall be given by the major part, the Right
to Present the Person of them all, (that is to say, to be their
Representative;) every one, as well he that Voted For It, as he that
Voted Against It, shall Authorise all the Actions and Judgements, of
that Man, or Assembly of men, in the same manner, as if they were his
own, to the end, to live peaceably amongst themselves, and be protected
against other men.




The Consequences To Such Institution, Are




I. The Subjects Cannot Change The Forme Of Government




From this Institution of a Common-wealth are derived all the Rights, and
Facultyes of him, or them, on whom the Soveraigne Power is conferred by
the consent of the People assembled.

First, because they Covenant, it is to be understood, they are not
obliged by former Covenant to any thing repugnant hereunto. And
Consequently they that have already Instituted a Common-wealth, being
thereby bound by Covenant, to own the Actions, and Judgements of one,
cannot lawfully make a new Covenant, amongst themselves, to be obedient
to any other, in any thing whatsoever, without his permission. And
therefore, they that are subjects to a Monarch, cannot without his leave
cast off Monarchy, and return to the confusion of a disunited Multitude;
nor transferre their Person from him that beareth it, to another Man,
or other Assembly of men: for they are bound, every man to every man,
to Own, and be reputed Author of all, that he that already is their
Soveraigne, shall do, and judge fit to be done: so that any one man
dissenting, all the rest should break their Covenant made to that man,
which is injustice: and they have also every man given the Soveraignty
to him that beareth their Person; and therefore if they depose him,
they take from him that which is his own, and so again it is injustice.
Besides, if he that attempteth to depose his Soveraign, be killed, or
punished by him for such attempt, he is author of his own punishment,
as being by the Institution, Author of all his Soveraign shall do: And
because it is injustice for a man to do any thing, for which he may be
punished by his own authority, he is also upon that title, unjust.
And whereas some men have pretended for their disobedience to their
Soveraign, a new Covenant, made, not with men, but with God; this also
is unjust: for there is no Covenant with God, but by mediation of some
body that representeth Gods Person; which none doth but Gods Lieutenant,
who hath the Soveraignty under God. But this pretence of Covenant with
God, is so evident a lye, even in the pretenders own consciences, that
it is not onely an act of an unjust, but also of a vile, and unmanly
disposition.




2. Soveraigne Power Cannot Be Forfeited

Secondly, Because the Right of bearing the Person of them all, is given
to him they make Soveraigne, by Covenant onely of one to another, and
not of him to any of them; there can happen no breach of Covenant on the
part of the Soveraigne; and consequently none of his Subjects, by any
pretence of forfeiture, can be freed from his Subjection. That he which
is made Soveraigne maketh no Covenant with his Subjects beforehand, is
manifest; because either he must make it with the whole multitude, as
one party to the Covenant; or he must make a severall Covenant with
every man. With the whole, as one party, it is impossible; because as
yet they are not one Person: and if he make so many severall Covenants
as there be men, those Covenants after he hath the Soveraignty are voyd,
because what act soever can be pretended by any one of them for breach
thereof, is the act both of himselfe, and of all the rest, because done
in the Person, and by the Right of every one of them in particular.
Besides, if any one, or more of them, pretend a breach of the Covenant
made by the Soveraigne at his Institution; and others, or one other of
his Subjects, or himselfe alone, pretend there was no such breach,
there is in this case, no Judge to decide the controversie: it returns
therefore to the Sword again; and every man recovereth the right of
Protecting himselfe by his own strength, contrary to the designe they
had in the Institution. It is therefore in vain to grant Soveraignty by
way of precedent Covenant. The opinion that any Monarch receiveth his
Power by Covenant, that is to say on Condition, proceedeth from want
of understanding this easie truth, that Covenants being but words, and
breath, have no force to oblige, contain, constrain, or protect any man,
but what it has from the publique Sword; that is, from the untyed hands
of that Man, or Assembly of men that hath the Soveraignty, and whose
actions are avouched by them all, and performed by the strength of them
all, in him united. But when an Assembly of men is made Soveraigne; then
no man imagineth any such Covenant to have past in the Institution; for
no man is so dull as to say, for example, the People of Rome, made
a Covenant with the Romans, to hold the Soveraignty on such or such
conditions; which not performed, the Romans might lawfully depose the
Roman People. That men see not the reason to be alike in a Monarchy, and
in a Popular Government, proceedeth from the ambition of some, that
are kinder to the government of an Assembly, whereof they may hope to
participate, than of Monarchy, which they despair to enjoy.




3. No Man Can Without Injustice Protest Against The

Institution Of The Soveraigne Declared By The Major Part. Thirdly,
because the major part hath by consenting voices declared a Soveraigne;
he that dissented must now consent with the rest; that is, be contented
to avow all the actions he shall do, or else justly be destroyed by the
rest. For if he voluntarily entered into the Congregation of them that
were assembled, he sufficiently declared thereby his will (and therefore
tacitely covenanted) to stand to what the major part should ordayne: and
therefore if he refuse to stand thereto, or make Protestation against
any of their Decrees, he does contrary to his Covenant, and therfore
unjustly. And whether he be of the Congregation, or not; and whether his
consent be asked, or not, he must either submit to their decrees, or
be left in the condition of warre he was in before; wherein he might
without injustice be destroyed by any man whatsoever.




4. The Soveraigns Actions Cannot Be Justly Accused By The Subject

Fourthly, because every Subject is by this Institution Author of all the
Actions, and Judgements of the Soveraigne Instituted; it followes, that
whatsoever he doth, it can be no injury to any of his Subjects; nor
ought he to be by any of them accused of Injustice. For he that doth any
thing by authority from another, doth therein no injury to him by whose
authority he acteth: But by this Institution of a Common-wealth, every
particular man is Author of all the Soveraigne doth; and consequently
he that complaineth of injury from his Soveraigne, complaineth of that
whereof he himselfe is Author; and therefore ought not to accuse any man
but himselfe; no nor himselfe of injury; because to do injury to ones
selfe, is impossible. It is true that they that have Soveraigne
power, may commit Iniquity; but not Injustice, or Injury in the proper
signification.




5. What Soever The Soveraigne Doth, Is Unpunishable By The Subject

Fiftly, and consequently to that which was sayd last, no man that hath
Soveraigne power can justly be put to death, or otherwise in any manner
by his Subjects punished. For seeing every Subject is author of the
actions of his Soveraigne; he punisheth another, for the actions
committed by himselfe.




6. The Soveraigne Is Judge Of What Is Necessary For The Peace

And Defence Of His Subjects

And because the End of this Institution, is the Peace and Defence of
them all; and whosoever has right to the End, has right to the Means;
it belongeth of Right, to whatsoever Man, or Assembly that hath the
Soveraignty, to be Judge both of the meanes of Peace and Defence;
and also of the hindrances, and disturbances of the same; and to do
whatsoever he shall think necessary to be done, both beforehand, for the
preserving of Peace and Security, by prevention of discord at home and
Hostility from abroad; and, when Peace and Security are lost, for the
recovery of the same. And therefore,




And Judge Of What Doctrines Are Fit To Be Taught Them

Sixtly, it is annexed to the Soveraignty, to be Judge of what Opinions
and Doctrines are averse, and what conducing to Peace; and consequently,
on what occasions, how farre, and what, men are to be trusted withall,
in speaking to Multitudes of people; and who shall examine the Doctrines
of all bookes before they be published. For the Actions of men proceed
from their Opinions; and in the wel governing of Opinions, consisteth
the well governing of mens Actions, in order to their Peace, and
Concord. And though in matter of Doctrine, nothing ought to be regarded
but the Truth; yet this is not repugnant to regulating of the same by
Peace. For Doctrine Repugnant to Peace, can no more be True, than Peace
and Concord can be against the Law of Nature. It is true, that in
a Common-wealth, where by the negligence, or unskilfullnesse of
Governours, and Teachers, false Doctrines are by time generally
received; the contrary Truths may be generally offensive; Yet the most
sudden, and rough busling in of a new Truth, that can be, does never
breake the Peace, but onely somtimes awake the Warre. For those men that
are so remissely governed, that they dare take up Armes, to defend, or
introduce an Opinion, are still in Warre; and their condition not Peace,
but only a Cessation of Armes for feare of one another; and they live
as it were, in the procincts of battaile continually. It belongeth
therefore to him that hath the Soveraign Power, to be Judge, or
constitute all Judges of Opinions and Doctrines, as a thing necessary to
Peace, thereby to prevent Discord and Civill Warre.




7. The Right Of Making Rules, Whereby The Subject May

Every Man Know What Is So His Owne, As No Other Subject

Can Without Injustice Take It From Him

Seventhly, is annexed to the Soveraigntie, the whole power of
prescribing the Rules, whereby every man may know, what Goods he may
enjoy and what Actions he may doe, without being molested by any of
his fellow Subjects: And this is it men Call Propriety. For before
constitution of Soveraign Power (as hath already been shewn) all men had
right to all things; which necessarily causeth Warre: and therefore this
Proprietie, being necessary to Peace, and depending on Soveraign Power,
is the Act of the Power, in order to the publique peace. These Rules of
Propriety (or Meum and Tuum) and of Good, Evill, Lawfull and Unlawfull
in the actions of subjects, are the Civill Lawes, that is to say, the
lawes of each Commonwealth in particular; though the name of Civill Law
be now restrained to the antient Civill Lawes of the City of Rome; which
being the head of a great part of the World, her Lawes at that time were
in these parts the Civill Law.




8. To Him Also Belongeth The Right Of All Judicature

And Decision Of Controversies:

Eightly, is annexed to the Soveraigntie, the Right of Judicature; that
is to say, of hearing and deciding all Controversies, which may arise
concerning Law, either Civill, or naturall, or concerning Fact. For
without the decision of Controversies, there is no protection of one
Subject, against the injuries of another; the Lawes concerning Meum and
Tuum are in vaine; and to every man remaineth, from the naturall and
necessary appetite of his own conservation, the right of protecting
himselfe by his private strength, which is the condition of Warre; and
contrary to the end for which every Common-wealth is instituted.




9. And Of Making War, And Peace, As He Shall Think Best:

Ninthly, is annexed to the Soveraignty, the Right of making Warre, and
Peace with other Nations, and Common-wealths; that is to say, of
Judging when it is for the publique good, and how great forces are to
be assembled, armed, and payd for that end; and to levy mony upon the
Subjects, to defray the expenses thereof. For the Power by which the
people are to be defended, consisteth in their Armies; and the strength
of an Army, in the union of their strength under one Command; which
Command the Soveraign Instituted, therefore hath; because the command
of the Militia, without other Institution, maketh him that hath it
Soveraign. And therefore whosoever is made Generall of an Army, he that
hath the Soveraign Power is alwayes Generallissimo.




10. And Of Choosing All Counsellours, And Ministers,

Both Of Peace, And Warre:

Tenthly, is annexed to the Soveraignty, the choosing of all
Councellours, Ministers, Magistrates, and Officers, both in peace, and
War. For seeing the Soveraign is charged with the End, which is the
common Peace and Defence; he is understood to have Power to use such
Means, as he shall think most fit for his discharge.




11. And Of Rewarding, And Punishing, And That (Where No

Former Law hath Determined The Measure Of It) Arbitrary:

Eleventhly, to the Soveraign is committed the Power of Rewarding
with riches, or honour; and of Punishing with corporall, or pecuniary
punishment, or with ignominy every Subject according to the Lawe he hath
formerly made; or if there be no Law made, according as he shall judge
most to conduce to the encouraging of men to serve the Common-wealth, or
deterring of them from doing dis-service to the same.




12. And Of Honour And Order

Lastly, considering what values men are naturally apt to set upon
themselves; what respect they look for from others; and how little they
value other men; from whence continually arise amongst them, Emulation,
Quarrells, Factions, and at last Warre, to the destroying of one
another, and diminution of their strength against a Common Enemy; It
is necessary that there be Lawes of Honour, and a publique rate of the
worth of such men as have deserved, or are able to deserve well of the
Common-wealth; and that there be force in the hands of some or other, to
put those Lawes in execution. But it hath already been shown, that not
onely the whole Militia, or forces of the Common-wealth; but also the
Judicature of all Controversies, is annexed to the Soveraignty. To the
Soveraign therefore it belongeth also to give titles of Honour; and to
appoint what Order of place, and dignity, each man shall hold; and what
signes of respect, in publique or private meetings, they shall give to
one another.




These Rights Are Indivisible

These are the Rights, which make the Essence of Soveraignty; and which
are the markes, whereby a man may discern in what Man, or Assembly
of men, the Soveraign Power is placed, and resideth.