Chapter: CHAPTER XIV. OF THE FIRST AND SECOND NATURALL LAWES, AND OF CONTRACTS





Right Of Nature What

The 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 preservation of his own Nature; that is to say, of 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 What

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

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; even 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.




The Fundamental Law Of Nature

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, 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 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 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 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 feiri non vis, alteri
ne feceris."




What it is to lay down a Right

To Lay Downe a mans Right to any thing, is to Devest himselfe of the
Liberty, of hindring another of the benefit of his own Right to the
same. For he 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.




Renouncing (or) Transferring Right What; Obligation Duty Justice

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




Contract What

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

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.




Covenant What

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




Free-gift

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, FREEGIFT, 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.




Signes Of Contract By Inference

Signes by Inference, are sometimes the consequence of Words; sometimes
the consequence of Silence; sometimes the consequence of Actions;
sometimes the consequence of Forbearing an Action: and generally a signe
by Inference, of any Contract, is whatsoever sufficiently argues the
will of the Contractor.




Free Gift Passeth By Words Of The Present Or Past

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, Volos Hoc Tuum Esse Cras, and Cros Dabo;
that is between "I will that this be thine to morrow," and, "I will
give it to thee to morrow:" For the word I Will, in the former manner
of speech, signifies an act of the will Present; but in the later, it
signifies a promise of an act of the will to Come: and therefore the
former words, being of the Present, transferre a future right; the
later, that be of the Future, transferre nothing. But if there be other
signes of the Will to transferre a Right, besides Words; then, though
the gift be Free, yet may the Right be understood to passe by words of
the future: as if a man propound a Prize to him that comes first to the
end of a race, The gift is Free; and though the words be of the
Future, yet the Right passeth: for if he would not have his words so be
understood, he should not have let them runne.

Signes Of Contract Are Words Both Of The Past, Present, and Future In
Contracts, the right passeth, not onely where the words are of the time
Present, or Past; but also where they are of the Future; because all
Contract is mutuall translation, or change of Right; and therefore he
that promiseth onely, because he hath already received the benefit for
which he promiseth, is to be understood as if he intended the Right
should passe: for unlesse he had been content to have his words so
understood, the other would not have performed his part first. And
for that cause, in buying, and selling, and other acts of Contract, A
Promise is equivalent to a Covenant; and therefore obligatory.




Merit What

He that performeth first in the case of a Contract, is said to MERIT
that which he is to receive by the performance of the other; and he hath
it as Due. Also when a Prize is propounded to many, which is to be given
to him onely that winneth; or mony is thrown amongst many, to be enjoyed
by them that catch it; though this be a Free Gift; yet so to Win, or
so to Catch, is to Merit, and to have it as DUE. For the Right is
transferred in the Propounding of the Prize, and in throwing down the
mony; though it be not determined to whom, but by the Event of the
contention. But there is between these two sorts of Merit, this
difference, that In Contract, I Merit by vertue of my own power, and the
Contractors need; but in this case of Free Gift, I am enabled to
Merit onely by the benignity of the Giver; In Contract, I merit at The
Contractors hand that hee should depart with his right; In this case of
gift, I Merit not that the giver should part with his right; but that
when he has parted with it, it should be mine, rather than anothers.
And this I think to be the meaning of that distinction of the Schooles,
between Meritum Congrui, and Meritum Condigni. For God Almighty, having
promised Paradise to those men (hoodwinkt with carnall desires,) that
can walk through this world according to the Precepts, and Limits
prescribed by him; they say, he that shall so walk, shall Merit Paradise
Ex Congruo. But because no man can demand a right to it, by his own
Righteousnesse, or any other power in himselfe, but by the Free Grace of
God onely; they say, no man can Merit Paradise Ex Condigno. This I say,
I think is the meaning of that distinction; but because Disputers do not
agree upon the signification of their own termes of Art, longer than it
serves their turn; I will not affirme any thing of their meaning:
onely this I say; when a gift is given indefinitely, as a prize to be
contended for, he that winneth Meriteth, and may claime the Prize as
Due.




Covenants Of Mutuall Trust, When Invalid

If a Covenant be made, wherein neither of the parties performe
presently, but trust one another; in the condition of meer Nature,
(which is a condition of Warre of every man against every man,) upon
any reasonable suspition, it is Voyd; But if there be a common Power set
over them bothe, with right and force sufficient to compell performance;
it is not Voyd. For he that performeth first, has no assurance the other
will performe after; because the bonds of words are too weak to bridle
mens ambition, avarice, anger, and other Passions, without the feare of
some coerceive Power; which in the condition of meer Nature, where all
men are equall, and judges of the justnesse of their own fears cannot
possibly be supposed. And therefore he which performeth first, does
but betray himselfe to his enemy; contrary to the Right (he can never
abandon) of defending his life, and means of living.

But in a civill estate, where there is a Power set up to constrain
those that would otherwise violate their faith, that feare is no more
reasonable; and for that cause, he which by the Covenant is to perform
first, is obliged so to do.

The cause of Feare, which maketh such a Covenant invalid, must be
alwayes something arising after the Covenant made; as some new fact,
or other signe of the Will not to performe; else it cannot make the
Covenant Voyd. For that which could not hinder a man from promising,
ought not to be admitted as a hindrance of performing.




Right To The End, Containeth Right To The Means

He that transferreth any Right, transferreth the Means of enjoying it,
as farre as lyeth in his power. As he that selleth Land, is understood
to transferre the Herbage, and whatsoever growes upon it; Nor can he
that sells a Mill turn away the Stream that drives it. And they that
give to a man The Right of government in Soveraignty, are understood
to give him the right of levying mony to maintain Souldiers; and of
appointing Magistrates for the administration of Justice.




No Covenant With Beasts

To make Covenant with bruit Beasts, is impossible; because not
understanding our speech, they understand not, nor accept of any
translation of Right; nor can translate any Right to another; and
without mutuall acceptation, there is no Covenant.




Nor With God Without Speciall Revelation

To make Covenant with God, is impossible, but by Mediation of such
as God speaketh to, either by Revelation supernaturall, or by his
Lieutenants that govern under him, and in his Name; For otherwise we
know not whether our Covenants be accepted, or not. And therefore they
that Vow any thing contrary to any law of Nature, Vow in vain; as being
a thing unjust to pay such Vow. And if it be a thing commanded by the
Law of Nature, it is not the Vow, but the Law that binds them.




No Covenant, But Of Possible And Future

The matter, or subject of a Covenant, is alwayes something that falleth
under deliberation; (For to Covenant, is an act of the Will; that is to
say an act, and the last act, of deliberation;) and is therefore alwayes
understood to be something to come; and which is judged Possible for him
that Covenanteth, to performe.

And therefore, to promise that which is known to be Impossible, is no
Covenant. But if that prove impossible afterwards, which before was
thought possible, the Covenant is valid, and bindeth, (though not to the
thing it selfe,) yet to the value; or, if that also be impossible, to
the unfeigned endeavour of performing as much as is possible; for to
more no man can be obliged.




Covenants How Made Voyd

Men are freed of their Covenants two wayes; by Performing; or by being
Forgiven. For Performance, is the naturall end of obligation; and
Forgivenesse, the restitution of liberty; as being a retransferring of
that Right, in which the obligation consisted.




Covenants Extorted By Feare Are Valide

Covenants entred into by fear, in the condition of meer Nature, are
obligatory. For example, if I Covenant to pay a ransome, or service for
my life, to an enemy; I am bound by it. For it is a Contract, wherein
one receiveth the benefit of life; the other is to receive mony,
or service for it; and consequently, where no other Law (as in the
condition, of meer Nature) forbiddeth the performance, the Covenant
is valid. Therefore Prisoners of warre, if trusted with the payment of
their Ransome, are obliged to pay it; And if a weaker Prince, make a
disadvantageous peace with a stronger, for feare; he is bound to keep
it; unlesse (as hath been sayd before) there ariseth some new, and just
cause of feare, to renew the war. And even in Common-wealths, if I be
forced to redeem my selfe from a Theefe by promising him mony, I am
bound to pay it, till the Civill Law discharge me. For whatsoever I may
lawfully do without Obligation, the same I may lawfully Covenant to do
through feare: and what I lawfully Covenant, I cannot lawfully break.




The Former Covenant To One, Makes Voyd The Later To Another

A former Covenant, makes voyd a later. For a man that hath passed away
his Right to one man to day, hath it not to passe to morrow to another:
and therefore the later promise passeth no Right, but is null.




A Mans Covenant Not To Defend Himselfe, Is Voyd

A Covenant not to defend my selfe from force, by force, is alwayes voyd.
For (as I have shewed before) no man can transferre, or lay down his
Right to save himselfe from Death, Wounds, and Imprisonment, (the
avoyding whereof is the onely End of laying down any Right,)
and therefore the promise of not resisting force, in no Covenant
transferreth any right; nor is obliging. For though a man may Covenant
thus, "Unlesse I do so, or so, kill me;" he cannot Covenant thus "Unless
I do so, or so, I will not resist you, when you come to kill me." For
man by nature chooseth the lesser evill, which is danger of death in
resisting; rather than the greater, which is certain and present death
in not resisting. And this is granted to be true by all men, in
that they lead Criminals to Execution, and Prison, with armed men,
notwithstanding that such Criminals have consented to the Law, by which
they are condemned.




No Man Obliged To Accuse Himselfe

A Covenant to accuse ones Selfe, without assurance of pardon, is
likewise invalide. For in the condition of Nature, where every man is
Judge, there is no place for Accusation: and in the Civill State, the
Accusation is followed with Punishment; which being Force, a man is
not obliged not to resist. The same is also true, of the Accusation of
those, by whose Condemnation a man falls into misery; as of a Father,
Wife, or Benefactor. For the Testimony of such an Accuser, if it be not
willingly given, is praesumed to be corrupted by Nature; and therefore
not to be received: and where a mans Testimony is not to be credited,
his not bound to give it. Also Accusations upon Torture, are not to
be reputed as Testimonies. For Torture is to be used but as means of
conjecture, and light, in the further examination, and search of truth;
and what is in that case confessed, tendeth to the ease of him that is
Tortured; not to the informing of the Torturers: and therefore ought
not to have the credit of a sufficient Testimony: for whether he deliver
himselfe by true, or false Accusation, he does it by the Right of
preserving his own life.




The End Of An Oath; The Forme Of As Oath

The force of Words, being (as I have formerly noted) too weak to hold
men to the performance of their Covenants; there are in mans nature, but
two imaginable helps to strengthen it. And those are either a Feare
of the consequence of breaking their word; or a Glory, or Pride in
appearing not to need to breake it. This later is a Generosity too
rarely found to be presumed on, especially in the pursuers of Wealth,
Command, or sensuall Pleasure; which are the greatest part of Mankind.
The Passion to be reckoned upon, is Fear; whereof there be two very
generall Objects: one, the Power of Spirits Invisible; the other, the
Power of those men they shall therein Offend. Of these two, though the
former be the greater Power, yet the feare of the later is commonly
the greater Feare. The Feare of the former is in every man, his own
Religion: which hath place in the nature of man before Civill Society.
The later hath not so; at least not place enough, to keep men to their
promises; because in the condition of meer Nature, the inequality of
Power is not discerned, but by the event of Battell. So that before the
time of Civill Society, or in the interruption thereof by Warre, there
is nothing can strengthen a Covenant of Peace agreed on, against the
temptations of Avarice, Ambition, Lust, or other strong desire, but the
feare of that Invisible Power, which they every one Worship as God; and
Feare as a Revenger of their perfidy. All therefore that can be done
between two men not subject to Civill Power, is to put one another
to swear by the God he feareth: Which Swearing or OATH, is a Forme Of
Speech, Added To A Promise; By Which He That Promiseth, Signifieth, That
Unlesse He Performe, He Renounceth The Mercy Of His God, Or Calleth To
Him For Vengeance On Himselfe. Such was the Heathen Forme, "Let Jupiter
kill me else, as I kill this Beast." So is our Forme, "I shall do thus,
and thus, so help me God." And this, with the Rites and Ceremonies,
which every one useth in his own Religion, that the feare of breaking
faith might be the greater.




No Oath, But By God

By this it appears, that an Oath taken according to any other Forme, or
Rite, then his, that sweareth, is in vain; and no Oath: And there is no
Swearing by any thing which the Swearer thinks not God. For though men
have sometimes used to swear by their Kings, for feare, or flattery; yet
they would have it thereby understood, they attributed to them Divine
honour. And that Swearing unnecessarily by God, is but prophaning of his
name: and Swearing by other things, as men do in common discourse, is
not Swearing, but an impious Custome, gotten by too much vehemence of
talking.




An Oath Addes Nothing To The Obligation

It appears also, that the Oath addes nothing to the Obligation. For a
Covenant, if lawfull, binds in the sight of God, without the Oath,
as much as with it; if unlawfull, bindeth not at all; though it be
confirmed with an Oath.

 Volger, Klopp, and Alek head back to the walker, which is parked in a streambed a ways out of town. They hear the ominous sound of something heavy moving over the ground again, and this time, it's hoofbeats. Volger tells Alek to run for the walker while he and Klopp hold off the enemy. Alek runs, trying to get to the walker in order to bring it back to make a stand against the bad guys. And then a lone horseman comes out of nowhere, ready to fire on Alek. The horseman calls out that he missed on purpose and tries to take Alek prisoner. Alek realizes these horsemen don't know who he and his companions are--they think they're going after common thieves. Alek counterattacks by grabbing the saber off the rider's horse, and in the struggle, the horse throws its rider, killing him instantly. Alek realizes he indirectly killed an Austrian soldier. Cue some guilt. With no time to lose, Alek mounts the horse and rides it to the walker, which Bauer and Hoffman have already started up. Alek is the only pilot available, so he takes the controls. Finally, he's running well... but then he does some careening around. He manages to right the walker, though, and the horsemen disperse at the sight of the machine. Klopp enters the control room, telling Alek that Volger is also aboard but has been shot in the shoulder; he compliments Alek on his walker-running skills. As Alek pilots the walker forward, he thinks about the dead horseman and pushes his bad feelings into a little box, which anyone could tell him probably isn't the best way to handle them.

