Liberty [19]
unlawfull if the Contract were not obligatory. Furthermore, he that renounceth the mercy of God obligeth himselfe not to any punishment, because it is ever lawfull to deprecate the punishment howsoever provok'd, and to enjoy Gods Pardon if it be granted. The onely effect therefore of an Oath is this, To cause men who are naturally inclin'd to break all manner of faith, through fear of punishment, to make the more Conscience of their words and actions. XXIII. To exact an Oath, where the breach of contract, if any be made, cannot but be known, and where the party compacted, withall wants not power to punish, is to do somewhat more then is necessary unto self-defence, and shewes a mind desirous not so much to benefit it selfe, as to prejudice another. For an Oath, out of the very form of swearing, is taken in order to the provocation of Gods anger, that is to say, of him that is Omnipotent against those who think, that by their own therefore violate their Faith, because they strength they can escape the punishment of men; and of him that is Omniscient against those, who therefore usually break their trust, because they hope that no man shall see them.
Chap. III.
Of the other Lawes of Nature.
I. Another of the Lawes of Nature is, to performe Contracts, or to keep trust; for it hath been shewed in the foregoing Chapter that the Law of Nature commands every man, as a thing necessary, to obtain Peace; to conveigh certain rights from each to other, and that this (as often as it shall happen to be done) is called a Contract: But this is so farre forth onely conducible to peace, as we shall performe Our selves, what we contract with others, shall be done, or omitted; and in vaine would Contracts be made, unlesse we stood to them. Because therefore, to stand to our Covenants, Or to keep faith, is a thing necessary for the obtaining of peace, it will prove by the second Article of the second Chapter to be a precept of the naturall Law. II. Neither is there in this matter, any exception of the persons, with whom we Contract, as if they keep no faith with others; Or hold, that none ought to be kept, or are guilty of any other kind of vice: for he that Contracts, in that he doth contract, denies that action to be in vaine, and it is against reason for a knowing man to doe a thing in vain; and if he think himself not bound to keep it, in thinking so, he affirms the Contract to be made in vain: He therefore, who Contracts with one with whom he thinks he is not bound to keep faith, he doth at once think a Contract to be a thing done in vaine, and not in vaine, which is absurd. Either therefore we must hold trust with all men, or else not bargain with them; that is, either there must be a declared Warre, Or a sure and faithfull Peace. III. The breaking of a Bargain, as also the taking back of a gift, (which ever consists in some action, Or omission) is called an INJURY: But that action, or omission, is called unjust, insomuch as an injury, and an unjust action, or omission, signifie the same thing, and both are the same with breach of Contract and trust: And it seemes the word Iniury came to be given to any action, or omission, because they were without Right. He that acted, or omitted, having before conveyed bis Right to some other. And there is some likenesse between that, which in the common course of life we call Injury; and that, which in the Schools is usually called absurd. For even as he, who by Arguments is driven to deny the Assertion which he first maintain'd, is said to be brought to an absurdity; in like manner, he who through weaknesse of mind does, or omits that which before he had by Contract promis'd not to doe, or omit, commits an Injury, and falls into no lesse contradiction, then he, who in the Schools is reduc'd to an Absurdity. For by contracting for some future action, he wills it done; by not doing it, he wills it not done, which is to will a thing done, and not done at the same time, which is a contradiction. An Injury therefore is a kind of absurdity in conversation, as an absurdity is a
Chap. III.
Of the other Lawes of Nature.
I. Another of the Lawes of Nature is, to performe Contracts, or to keep trust; for it hath been shewed in the foregoing Chapter that the Law of Nature commands every man, as a thing necessary, to obtain Peace; to conveigh certain rights from each to other, and that this (as often as it shall happen to be done) is called a Contract: But this is so farre forth onely conducible to peace, as we shall performe Our selves, what we contract with others, shall be done, or omitted; and in vaine would Contracts be made, unlesse we stood to them. Because therefore, to stand to our Covenants, Or to keep faith, is a thing necessary for the obtaining of peace, it will prove by the second Article of the second Chapter to be a precept of the naturall Law. II. Neither is there in this matter, any exception of the persons, with whom we Contract, as if they keep no faith with others; Or hold, that none ought to be kept, or are guilty of any other kind of vice: for he that Contracts, in that he doth contract, denies that action to be in vaine, and it is against reason for a knowing man to doe a thing in vain; and if he think himself not bound to keep it, in thinking so, he affirms the Contract to be made in vain: He therefore, who Contracts with one with whom he thinks he is not bound to keep faith, he doth at once think a Contract to be a thing done in vaine, and not in vaine, which is absurd. Either therefore we must hold trust with all men, or else not bargain with them; that is, either there must be a declared Warre, Or a sure and faithfull Peace. III. The breaking of a Bargain, as also the taking back of a gift, (which ever consists in some action, Or omission) is called an INJURY: But that action, or omission, is called unjust, insomuch as an injury, and an unjust action, or omission, signifie the same thing, and both are the same with breach of Contract and trust: And it seemes the word Iniury came to be given to any action, or omission, because they were without Right. He that acted, or omitted, having before conveyed bis Right to some other. And there is some likenesse between that, which in the common course of life we call Injury; and that, which in the Schools is usually called absurd. For even as he, who by Arguments is driven to deny the Assertion which he first maintain'd, is said to be brought to an absurdity; in like manner, he who through weaknesse of mind does, or omits that which before he had by Contract promis'd not to doe, or omit, commits an Injury, and falls into no lesse contradiction, then he, who in the Schools is reduc'd to an Absurdity. For by contracting for some future action, he wills it done; by not doing it, he wills it not done, which is to will a thing done, and not done at the same time, which is a contradiction. An Injury therefore is a kind of absurdity in conversation, as an absurdity is a