The Elements of Law Natural and Politic [32]
gotten into his power any other that either by infancy, or weakness, is unable to resist him, by right of nature may take the best caution, that such infant, or such feeble and subdued person can give him, of being ruled and governed by him for the time to come. For seeing we intend always our own safety and preservation, we manifestly contradict that our intention, if we willingly dismiss such a one, and suffer him at once to gather strength and be our enemy. Out of which may also be collected, that irresistible might in the state of nature is right. 14. But since it is supposed from the equality of strength and other natural faculties of men, that no man is of might sufficient, to assure himself for any long time, of preserving himself thereby, whilst he remaineth in the state of hostility and war; reason therefore dictateth to every man for his own good, to seek after peace, as far forth as there is hope to attain the same; and to strengthen himself with all the help he can procure, for his own defence against those, from whom such peace cannot be obtained; and to do all those things which necessarily conduce thereunto.
Chapter 15
Of the Divesting Natural Right by Gift and Covenant
1. What it is we call the law of nature, is not agreed upon, by those that have hitherto written. For the most part, such writers as have occasion to affirm, that anything is against the law of nature, do allege no more than this, that it is against the consent of all nations, or the wisest and most civil nations. But it is not agreed upon, who shall judge which nations are the wisest. Others make that against the law of nature, which is contrary to the consent of all mankind; which definition cannot be allowed, because then no man could offend against the law of nature; for the nature of every man is contained under the nature of mankind. But forasmuch as all men, carried away by the violence of their passion, and by evil customs, do those things which are commonly said to be against the law of nature; it is not the consent of passion, or consent in some error gotten by custom, that makes the law of nature. Reason is no less of the nature of man than passion, and is the same in all men, because all men agree in the will to be directed and governed in the way to that which they desire to attain, namely their own good, which is the work of reason. There can therefore be no other law of nature than reason, nor no other precepts of NATURAL LAW, than those which declare unto us the ways of peace, where the same may be obtained, and of defence where it may not. 2. One precept of the law of nature therefore is this, that every man divest himself of the right he hath to all things by nature. For when divers men have right not only to all things else, but to one another's persons, if they use the same, there ariseth thereby invasion on the one part, and resistance on the other, which is war; and therefore contrary to the law of nature, the sun whereof consisteth in making peace. 3. When a man divesteth and putteth from himself his right, he either simply relinquisheth it, or transferreth the same to another man. To RELINQUISH it, is by sufficient signs to declare, that it is his will no more to do that action, which of right he might have done before. To TRANSFER right to another, is by sufficient signs to declare to that other accepting thereof, that it is his will not to resist, or hinder him, according to that right he had thereto before he transferred it. For seeing that by nature every man hath right to every thing, it is impossible for a man to transfer unto another any right that he had not before. And therefore all that a man doth in transferring of right, is no more but a declaring of the will, to suffer him, to whom he hath so transferred his right, to make benefit of the same, without molestation. As for example, when a man giveth his land or goods to another, he taketh from himself the right to enter into, and make use of the said land or goods, or otherwise to hinder him of the use of what he hath given. 4.
Chapter 15
Of the Divesting Natural Right by Gift and Covenant
1. What it is we call the law of nature, is not agreed upon, by those that have hitherto written. For the most part, such writers as have occasion to affirm, that anything is against the law of nature, do allege no more than this, that it is against the consent of all nations, or the wisest and most civil nations. But it is not agreed upon, who shall judge which nations are the wisest. Others make that against the law of nature, which is contrary to the consent of all mankind; which definition cannot be allowed, because then no man could offend against the law of nature; for the nature of every man is contained under the nature of mankind. But forasmuch as all men, carried away by the violence of their passion, and by evil customs, do those things which are commonly said to be against the law of nature; it is not the consent of passion, or consent in some error gotten by custom, that makes the law of nature. Reason is no less of the nature of man than passion, and is the same in all men, because all men agree in the will to be directed and governed in the way to that which they desire to attain, namely their own good, which is the work of reason. There can therefore be no other law of nature than reason, nor no other precepts of NATURAL LAW, than those which declare unto us the ways of peace, where the same may be obtained, and of defence where it may not. 2. One precept of the law of nature therefore is this, that every man divest himself of the right he hath to all things by nature. For when divers men have right not only to all things else, but to one another's persons, if they use the same, there ariseth thereby invasion on the one part, and resistance on the other, which is war; and therefore contrary to the law of nature, the sun whereof consisteth in making peace. 3. When a man divesteth and putteth from himself his right, he either simply relinquisheth it, or transferreth the same to another man. To RELINQUISH it, is by sufficient signs to declare, that it is his will no more to do that action, which of right he might have done before. To TRANSFER right to another, is by sufficient signs to declare to that other accepting thereof, that it is his will not to resist, or hinder him, according to that right he had thereto before he transferred it. For seeing that by nature every man hath right to every thing, it is impossible for a man to transfer unto another any right that he had not before. And therefore all that a man doth in transferring of right, is no more but a declaring of the will, to suffer him, to whom he hath so transferred his right, to make benefit of the same, without molestation. As for example, when a man giveth his land or goods to another, he taketh from himself the right to enter into, and make use of the said land or goods, or otherwise to hinder him of the use of what he hath given. 4.