CHAP. II. person. Neither need the supreme himself contract with any man patiently to yield to his punishment; but only this, that no man offer to defend others from him. If in the state of nature, as between two realms, there should a contract be made on condition of killing if it were not performed, we must presuppose another contract of not killing before the appointed day. Wherefore on that day, if there be no performance, the right of war returns, that is a hostile state, in which all things are lawful, and therefore resistance also. Lastly, by the contract of not resisting, we are obliged, of two evils to make choice of that which seems the greater. For certain death is a greater evil than fighting. But of two evils it is impossible not to choose the least. By such a compact, therefore, we should be tied to impossibilities; which is contrary to the very nature of compacts.

The compact

tion is invalid.

19. Likewise no man is tied by any compacts of self-accusa whatsoever to accuse himself, or any other, by whose damage he is like to procure himself a bitter life. Wherefore neither is a father obliged to bear witness against his son, nor a husband against his wife, nor a son against his father, nor any man against any one by whose means he hath his subsistence; for in vain is that testimony which is presumed to be corrupted from nature. But although no man be tied to accuse himself by any compact, yet in a public trial he may by torture be forced to make answer. But such answers are no testimony of the fact, but helps for the searching out of truth; so that whether the party tortured his answer be true or false, or whether he answer not at all, whatsoever he doth, he doth it by right.

20. Swearing is a speech joined to a promise, CHAP. II. whereby the promiser declares his renouncing of The definition God's mercy, unless he perform his word. Which of an oath. definition is contained in the words themselves, which have in them the very essence of an oath, to wit, so God help me, or other equivalent, as with the Romans, do thou Jupiter so destroy the deceiver, as I slay this same beast. Neither is this any let, but that an oath may as well sometimes be affirmatory as promissory; for he that confirms his affirmation with an oath, promiseth that he speaks truth. But though in some places it was the fashion for subjects to swear by their kings, that custom took its original hence, that those kings took upon them divine honour. For oaths were therefore introduced, that by religion and consideration of the divine power, men might have a greater dread of breaking their faiths, than that wherewith they fear men, from whose eyes their actions may lie hid.

must be con

fashion which he uses who takes it.

21. Whence it follows that an oath must be The swearing conceived in that form, which he useth who takes ceived in that it; for in vain is any man brought to swear by a God whom he believes not, and therefore neither fears him. For though by the light of nature it may be known that there is a God, yet no man thinks he is to swear by him in any other fashion, or by any other name, than what is contained in the precepts of his own proper, that is (as he who swears imagines) the true religion.

nothing to the

22. By the definition of an oath, we may under- Swearing adds stand that a bare contract obligeth no less, than obligation which that to which we are sworn. For it is the contract is by compact. which binds us; the oath relates to the divine

CHAP. II. punishment, which it could not provoke, if the breach of contract were not in itself unlawful; but it could not be unlawful, if the contract were not obligatory. Furthermore, he that renounceth the mercy of God, obligeth himself not to any punishment; because it is ever lawful to deprecate the punishment, howsoever provoked, and to enjoy God's pardon if it be granted. The only effect therefore of an oath is this; to cause men, who are naturally inclined to break all manner of faith, through fear of punishment to make the more conscience of their words and actions.

An oath is not

to be pressed,

23. To exact an oath where the breach of conbut where the tract, if any be made, cannot but be known, and breach of con- where the party compacted withal wants not be kept private, power to punish, is to do somewhat more than is

tract can either

or not be pun

ished but from

God alone.

necessary unto self-defence, and shews a mind desirous not so much to benefit itself, as to prejudice another. For an oath, out of the very form of swearing, is taken in order to the provocation of God's anger, that is to say, of him that is omnipotent, against those who therefore violate their faith, because they think that by their own 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.

CHAPTER III.

OF THE OTHER LAWS OF NATURE.

1. The second law of nature, is to perform contracts. 2. That trust is to be held with all men without exception. 3. What injury is. 4. Injury can be done to none but those with whom we contract. 5. The distinction of justice into that of men, and that of actions. 6. The distinction of commutative and distributive justice examined. 7. No injury can be done to him that is willing. 8. The third law of nature, concerning ingratitude. 9. The fourth law of nature, that every man render himself useful. 10. The fifth law, of mercy. 11. The sixth law, that punishments regard the future only. 12. The seventh law, against reproach. 13. The eighth law, against pride. 14. The ninth law, of humility. 15. The tenth, of equity, or against acceptance of persons. 16. The eleventh, of things to be had in common. 17. The twelfth, of things

to be divided by lot. 18. The thirteenth, of birthright and first possession. 19. The fourteenth, of the safeguard of them who are mediators for peace. 20. The fifteenth, of constituting an umpire. 21. The sixteenth, that no man is judge in his own cause. 22. The seventeenth, that umpires must be without all hope of reward from those whose cause is to be judged. 23. The eighteenth, of witnesses. 24. The nineteenth, that there can no contract be made with the umpire. 25. The twentieth, against gluttony, and all such things as hinder the use of reason. 26. The rule by which we may presently know, whether what we are doing be against the law of nature or not. 27. The laws of nature oblige only in the court of conscience. 28. The laws of nature are sometimes broke by doing things agreeable to those laws. 29. The laws of nature are unchangeable. 30. Whosoever endeavours to fulfil the laws of nature, is a just man. 31. The natural and moral law are one. 32. How it comes to pass, that what hath been said of the laws of nature, is not the same with what philosophers have delivered concerning the virtues. 33. The law of nature is not properly a law, but as it is delivered in Holy Writ.

1. ANOTHER of the laws of nature is, to perform CHAP. III. contracts, or to keep trust. For it hath been

CHAP. III. showed in the foregoing chapter, that the law of The second law nature commands every man, as a thing necessary, of nature, to per- to obtain peace, to convey certain rights from

form contracts.

That faith is

to be kept with

all men with out exception.

Injury defined.

each to other; and that this, as often as it shall happen to be done, is called a contract. But this is so far forth only conducible to peace, as we shall perform ourselves what we contract with others shall be done or omitted; and in vain would contacts be made, unless 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 natural law.

2. 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 vain; and it is against reason for a knowing man to do 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 vain, and not in vain; 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 war, or a sure and faithful peace.

3. 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