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. [64]

TH

CHAP. XIV.

Of the first and second NATURALL Lawes,
and of CONTRACTS.

He 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 pre-
servation of his own Nature; that is to say, of

Right of

Nature what. 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, (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 best preserved. For though they that speak of this subject, use to confound Jus, and Lex, Right and Law; yet they ought Difference to be distinguished; because RIGHT, consisteth of Right and in liberty to do, or to forbeare; Whereas LAW, determineth, and bindeth to one of them so that

A Law of Nature what.

Law.

may

be

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 every thing.

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; eyen 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. 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, Law of 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 Fundamentall

Nature.

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 [65] 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 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 fieri non vis, alteri ne feceris.

To lay downe a mans Right to any thing, is to devest him

selfe of the Liberty, of hindring another of the benefit of his own Right to the same.

For he

What it is to lay down a Right. 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.

a Right what

it is.

Transferring Right what.

Obligation.

Right is layd aside, either by simply Renouncing it; or Renouncing 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 Duty. that he Ought, and it is his DUTY, not to make voyd that voluntary act of his own and that Injustice. 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 [66] 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 of 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.

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

what.

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.

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,

Covenant

or COVENANT: Or both parts may contract now, what.

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.

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, FREE

Free-gift. GIFT, 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.

Free gift passeth by words of the Present or

of

Signes by Inference, are sometimes the consequence of Signes of Words; [67] sometimes the consequence Contract by Silence; somtimes the consequence of Actions; Inference. somtimes the consequence of Forbearing an Action: and generally a signe by Inference, of any Contract, is whatsoever sufficiently argues the will of the Contractor. 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, Volo boc tuum esse cras, and Cras dabo; that is, between I will that this be thine to morrow, and, I will give it thee to morrow: For the word I will, in the former manner of speech, signifies

Past.