Liberty [13]
be good for him. And so it happens that through feare of each other we think it fit to rid our selves of this condition, and to get some fellowes; that if there needs must be war, it may not yet be against all men, nor without some helps. XIV. Fellowes are gotten either by constraint, or by consent; By Constraint, when after fight the Conqueror makes the conquered serve him either through feare of death, or by laying fetters on him: By consent, when men enter into society to helpe each other, both parties consenting without any constraint. But the Conqueror may by right compell the Conquered, or the strongest the weaker, (as a man in health may one that is sick, or he that is of riper yeares a childe) unlesse he will choose to die, to give caution of his future obedience. For since the right of protecting our selves according to our owne wills proceeded from our danger, and our danger from our equality, its more consonant to reason, and more certaine for our conservation, using the present advantage to secure our selves by taking caution; then, when they shall be full growne and strong, and got out of our power, to endeavour to recover that power againe by doubtfull fight. And on the other side, nothing can be thought more absurd, then by discharging whom you already have weak in your power, to make him at once both an enemy, and a strong one. From whence we may understand likewise as a Corollarie in the naturall state of men, That a sure and irresistible Power confers the right of Dominion, and ruling over those who cannot resist; insomuch, as the right of all things, that can be done, adheres essentially, and immediately unto this omnipotence hence arising. XV. Yet cannot men expect any lasting preservation continuing thus in the state of nature (i.e.) of War, by reason of that equality of power, and other humane faculties they are endued withall. Wherefore to seek Peace, where there is any hopes of obtaining it, and where there is none, to enquire out for Auxiliaries of War, is the dictate of right Reason; that is, the Law of Nature, as shall be shewed in the next Chapter.
Chap. II.
Of the Law of Nature concerning Contracts.
I. All Authors agree not concerning the definition of the Naturall Law, who notwithstanding doe very often make use of this terme in their Writings. The Method therefore, wherein we begin from definitions, and exclusion of all equivocation, is only proper to them who leave no place for contrary Disputes; for the rest, if any man say, that somwhat is done against the Law of Nature, one proves it hence, because it was done against the generall Agreement of all the most wise, and learned Nations: But this declares not who shall be the judg of the wisdome and learning of all Nations: Another hence, That it was done against the Generall consent of all Man-kind; which definition is by no means to be admitted; for then it were impossible for any but Children, and Fools, to offend against such a Law; for sure, under the notion of Man-kind, they comprehend all men actually endued with Reason. These therefore either doe Naught against it, or if they doe Ought, it is without their joint accord, and therefore ought to be excus'd; but to receive the Lawes of Nature from the Consents of them, who oftner Break, then Observe them, is in truth unreasonable: besides, Men condemne the same things in others, which they approve in themselves; on the other side, they publickly commend what they privately condemne; and they deliver their Opinions more by Hear-say, then any Speculation of their own; and they accord more through hatred of some object, through fear, hope, love, or some other perturbation of mind, then true Reason. And therefore it comes to passe, that whole Bodyes of people often doe those things by Generall accord, or Contention, which those Writers most willingly acknowledge to be against the Law of Nature. But since all doe grant that is done by RIGHT, which is not done against Reason, we ought to judg those Actions onely wrong, which are repugnant to right Reason, (i.e.) which contradict
Chap. II.
Of the Law of Nature concerning Contracts.
I. All Authors agree not concerning the definition of the Naturall Law, who notwithstanding doe very often make use of this terme in their Writings. The Method therefore, wherein we begin from definitions, and exclusion of all equivocation, is only proper to them who leave no place for contrary Disputes; for the rest, if any man say, that somwhat is done against the Law of Nature, one proves it hence, because it was done against the generall Agreement of all the most wise, and learned Nations: But this declares not who shall be the judg of the wisdome and learning of all Nations: Another hence, That it was done against the Generall consent of all Man-kind; which definition is by no means to be admitted; for then it were impossible for any but Children, and Fools, to offend against such a Law; for sure, under the notion of Man-kind, they comprehend all men actually endued with Reason. These therefore either doe Naught against it, or if they doe Ought, it is without their joint accord, and therefore ought to be excus'd; but to receive the Lawes of Nature from the Consents of them, who oftner Break, then Observe them, is in truth unreasonable: besides, Men condemne the same things in others, which they approve in themselves; on the other side, they publickly commend what they privately condemne; and they deliver their Opinions more by Hear-say, then any Speculation of their own; and they accord more through hatred of some object, through fear, hope, love, or some other perturbation of mind, then true Reason. And therefore it comes to passe, that whole Bodyes of people often doe those things by Generall accord, or Contention, which those Writers most willingly acknowledge to be against the Law of Nature. But since all doe grant that is done by RIGHT, which is not done against Reason, we ought to judg those Actions onely wrong, which are repugnant to right Reason, (i.e.) which contradict