insomuch as there was nothing, which a Poet could introduce as a person in his Poem, which they did not make either a God, or a Divel.
The same authors of the Religion of the Gentiles, observing the second ground for Religion, which is mens Ignorance of causes; and thereby their aptnesse to attribute their fortune to causes, on which there was no dependence at all apparent, took occasion to obtrude on their ignorance, in stead of second causes, a kind of second and ministeriall Gods; ascribing the cause of Foecundity, to Venus; the cause of Arts, to Apollo; of Subtilty and Craft, to Mercury; of Tempests and stormes, to Aeolus; and of other effects, to other Gods: insomuch as there was amongst the Heathen almost as great variety of Gods, as of businesse.
And to the Worship, which naturally men conceived fit to bee used towards their Gods, namely Oblations, Prayers, Thanks, and the rest formerly named; the same Legislators of the Gentiles have added their Images, both in Picture, and Sculpture; that the more ignorant sort, (that is to say, the most part, or generality of the people,) thinking the Gods for whose representation they were made, were really included, and as it were housed within them, might so much the more stand in feare of them: And endowed them with lands, and houses, and officers, and revenues, set apart from all other humane uses; that is, consecrated, and made holy to those their Idols; as Caverns, Groves, Woods, Mountains, and whole Ilands; and have attributed to them, not onely the shapes, some of Men, some of Beasts, some of Monsters; but also the Faculties, and Passions of men and beasts; as Sense, Speech, Sex, Lust, Generation, (and this not onely by mixing one with another, to propagate the kind of Gods; but also by mixing with men, and women, to beget mongrill Gods, and but inmates of Heaven, as Bacchus, Hercules, and others;) besides, Anger, Revenge, and other passions of living creatures, and the actions proceeding from them, as Fraud, Theft, Adultery, Sodomie, and any vice that may be taken for an effect of Power, or a cause of Pleasure; and all such Vices, as amongst men are taken to be against Law, rather than against Honour.
Lastly, to the Prognostiques of time to come; which are naturally, but Conjectures upon the Experience of time past; and supernaturall, divine Revelation; the same authors of the Religion of the Gentiles, partly upon pretended Experience, partly upon pretended Revelation, have added innumerable other superstitious wayes of Divination; and made men believe they should find their fortunes, sometimes in the ambiguous or senslesse answers of the priests at Delphi, Delos, Ammon, and other famous Oracles; which answers, were made ambiguous by designe, to own the event both wayes; or absurd by the intoxicating vapour of the place, which is very frequent in sulphurous Cavernes: Sometimes in the leaves of the Sibills; of whose Prophecyes (like those perhaps of Nostradamus; for the fragments now extant seem to be the invention of later times) there were some books in reputation in the time of the Roman Republique: Sometimes in the insignificant Speeches of Mad-men, supposed to be possessed with a divine Spirit; which Possession they called Enthusiasme; and these kinds of foretelling events, were accounted Theomancy, or Prophecy; Sometimes in the aspect of the Starres at their Nativity; which was called Horoscopy, and esteemed a part of judiciary Astrology: Sometimes in their own hopes and feares, called Thumomancy, or Presage: Sometimes in the Prediction of Witches, that pretended conference with the dead; which is called Necromancy, Conjuring, and Witchcraft; and is but juggling and confederate knavery: Sometimes in the Casuall flight, or feeding of birds; called Augury: Sometimes in the Entrayles of a sacrificed beast; which was Aruspicina: Sometimes in Dreams: Sometimes in Croaking of Ravens, or chattering of Birds: Sometimes in the Lineaments of the face; which was called Metoposcopy; or by Palmistry in the lines of the hand; in casuall words, called Omina: Sometimes in Monsters, or unusuall accidents; as Ecclipses, Comets, rare Meteors, Earthquakes, Inundations, uncouth Births, and the like, which they called Portenta and Ostenta, because they thought them to portend, or foreshew some great Calamity to come; Sometimes, in meer Lottery, as Crosse and Pile; counting holes in a sive; dipping of Verses in Homer, and Virgil; and innumerable other such vaine conceipts. So easie are men to be drawn to believe any thing, from such men as have gotten credit with them; and can with gentlenesse, and dexterity, take hold of their fear, and ignorance.
The Designes Of The Authors Of The Religion Of The Heathen And therefore the first Founders, and Legislators of Common-wealths amongst the Gentiles, whose ends were only to keep the people in obedience, and peace, have in all places taken care; First, to imprint in their minds a beliefe, that those precepts which they gave concerning Religion, might not be thought to proceed from their own device, but from the dictates of some God, or other Spirit; or else that they themselves were of a higher nature than mere mortalls, that their Lawes might the more easily be received: So Numa Pompilius pretended to receive the Ceremonies he instituted amongst the Romans, from the Nymph Egeria: and the first King and founder of the Kingdome of Peru, pretended himselfe and his wife to be the children of the Sunne: and Mahomet, to set up his new Religion, pretended to have conferences with the Holy Ghost, in forme of a Dove.
Secondly, they have had a care, to make it believed, that the same things were displeasing to the Gods, which were forbidden by the Lawes. Thirdly, to prescribe Ceremonies, Supplications, Sacrifices, and Festivalls, by which they were to believe, the anger of the Gods might be appeased; and that ill success in War, great contagions of Sicknesse, Earthquakes, and each mans private Misery, came from the Anger of the Gods; and their Anger from the Neglect of their Worship, or the forgetting, or mistaking some point of the Ceremonies required. And though amongst the antient Romans, men were not forbidden to deny, that which in the Poets is written of the paines, and pleasures after this life; which divers of great authority, and gravity in that state have in their Harangues openly derided; yet that beliefe was alwaies more cherished, than the contrary.
And by these, and such other Institutions, they obtayned in order to their end, (which was the peace of the Commonwealth,) that the common people in their misfortunes, laying the fault on neglect, or errour in their Ceremonies, or on their own disobedience to the lawes, were the lesse apt to mutiny against their Governors. And being entertained with the pomp, and pastime of Festivalls, and publike Gomes, made in honour of the Gods, needed nothing else but bread, to keep them from discontent, murmuring, and commotion against the State. And therefore the Romans, that had conquered the greatest part of the then known World, made no scruple of tollerating any Religion whatsoever in the City of Rome it selfe; unlesse it had somthing in it, that could not consist with their Civill Government; nor do we read, that any Religion was there forbidden, but that of the Jewes; who (being the peculiar Kingdome of God) thought it unlawfull to acknowledge subjection to any mortall King or State whatsoever. And thus you see how the Religion of the Gentiles was a part of their Policy.
The True Religion, And The Lawes Of Gods Kingdome The Same But where God himselfe, by supernaturall Revelation, planted Religion; there he also made to himselfe a peculiar Kingdome; and gave Lawes, not only of behaviour towards himselfe; but also towards one another; and thereby in the Kingdome of God, the Policy, and lawes Civill, are a part of Religion; and therefore the distinction of Temporall, and Spirituall Domination, hath there no place. It is true, that God is King of all the Earth: Yet may he be King of a peculiar, and chosen Nation. For there is no more incongruity therein, than that he that hath the generall command of the whole Army, should have withall a peculiar Regiment, or Company of his own. God is King of all the Earth by his Power: but of his chosen people, he is King by Covenant. But to speake more largly of the Kingdome of God, both by Nature, and Covenant, I have in the following discourse assigned an other place.
The Causes Of Change In Religion From the propagation of Religion, it is not hard to understand the causes of the resolution of the same into its first seeds, or principles; which are only an opinion of a Deity, and Powers invisible, and supernaturall; that can never be so abolished out of humane nature, but that new Religions may againe be made to spring out of them, by the culture of such men, as for such purpose are in reputation.
For seeing all formed Religion, is founded at first, upon the faith which a multitude hath in some one person, whom they believe not only to be a wise man, and to labour to procure their happiness, but also to be a holy man, to whom God himselfe vouchsafeth to declare his will supernaturally; It followeth necessarily, when they that have the Goverment of Religion, shall come to have either the wisedome of those men, their sincerity, or their love suspected; or that they shall be unable to shew any probable token of divine Revelation; that the Religion which they desire to uphold, must be suspected likewise; and (without the feare of the Civill Sword) contradicted and rejected.
Injoyning Beleefe Of Impossibilities That which taketh away the reputation of Wisedome, in him that formeth a Religion, or addeth to it when it is allready formed, is the enjoyning of a beliefe of contradictories: For both parts of a contradiction cannot possibly be true: and therefore to enjoyne the beliefe of them, is an argument of ignorance; which detects the Author in that; and discredits him in all things else he shall propound as from revelation supernaturall: which revelation a man may indeed have of many things above, but of nothing against naturall reason.
Doing Contrary To The Religion They Establish That which taketh away the reputation of Sincerity, is the doing, or saying of such things, as appeare to be signes, that what they require other men to believe, is not believed by themselves; all which doings, or sayings are therefore called Scandalous, because they be stumbling blocks, that make men to fall in the way of Religion: as Injustice, Cruelty, Prophanesse, Avarice, and Luxury. For who can believe, that he that doth ordinarily such actions, as proceed from any of these rootes, believeth there is any such Invisible Power to be feared, as he affrighteth other men withall, for lesser faults?
That which taketh away the reputation of Love, is the being detected of private ends: as when the beliefe they require of others, conduceth or seemeth to conduce to the acquiring of Dominion, Riches, Dignity, or secure Pleasure, to themselves onely, or specially. For that which men reap benefit by to themselves, they are thought to do for their own sakes, and not for love of others Want Of The Testimony Of Miracles Lastly, the testimony that men can render of divine Calling, can be no other, than the operation of Miracles; or true Prophecy, (which also is a Miracle;) or extraordinary Felicity. And therefore, to those points of Religion, which have been received from them that did such Miracles; those that are added by such, as approve not their Calling by some Miracle, obtain no greater beliefe, than what the Custome, and Lawes of the places, in which they be educated, have wrought into them. For as in naturall things, men of judgement require naturall signes, and arguments; so in supernaturall things, they require signes supernaturall, (which are Miracles,) before they consent inwardly, and from their hearts.
All which causes of the weakening of mens faith, do manifestly appear in the Examples following. First, we have the Example of the children of Israel; who when Moses, that had approved his Calling to them by Miracles, and by the happy conduct of them out of Egypt, was absent but 40 dayes, revolted from the worship of the true God, recommended to them by him; and setting up (Exod.32 1,2) a Golden Calfe for their God, relapsed into the Idolatry of the Egyptians; from whom they had been so lately delivered. And again, after Moses, Aaron, Joshua, and that generation which had seen the great works of God in Israel, (Judges 2 11) were dead; another generation arose, and served Baal. So that Miracles fayling, Faith also failed.
Again, when the sons of Samuel, (1 Sam.8.3) being constituted by their father Judges in Bersabee, received bribes, and judged unjustly, the people of Israel refused any more to have God to be their King, in other manner than he was King of other people; and therefore cryed out to Samuel, to choose them a King after the manner of the Nations. So that Justice Fayling, Faith also fayled: Insomuch, as they deposed their God, from reigning over them.
And whereas in the planting of Christian Religion, the Oracles ceased in all parts of the Roman Empire, and the number of Christians encreased wonderfully every day, and in every place, by the preaching of the Apostles, and Evangelists; a great part of that successe, may reasonably be attributed, to the contempt, into which the Priests of the Gentiles of that time, had brought themselves, by their uncleannesse, avarice, and jugling between Princes. Also the Religion of the Church of Rome, was partly, for the same cause abolished in England, and many other parts of Christendome; insomuch, as the fayling of Vertue in the Pastors, maketh Faith faile in the People: and partly from bringing of the Philosophy, and doctrine of Aristotle into Religion, by the Schoole-men; from whence there arose so many contradictions, and absurdities, as brought the Clergy into a reputation both of Ignorance, and of Fraudulent intention; and enclined people to revolt from them, either against the will of their own Princes, as in France, and Holland; or with their will, as in England.
Lastly, amongst the points by the Church of Rome declared necessary for Salvation, there be so many, manifestly to the advantage of the Pope, and of his spirituall subjects, residing in the territories of other Christian Princes, that were it not for the mutuall emulation of those Princes, they might without warre, or trouble, exclude all forraign Authority, as easily as it has been excluded in England. For who is there that does not see, to whose benefit it conduceth, to have it believed, that a King hath not his Authority from Christ, unlesse a Bishop crown him? That a King, if he be a Priest, cannot Marry? That whether a Prince be born in lawfull Marriage, or not, must be judged by Authority from Rome? That Subjects may be freed from their Alleageance, if by the Court of Rome, the King be judged an Heretique? That a King (as Chilperique of France) may be deposed by a Pope (as Pope Zachary,) for no cause; and his Kingdome given to one of his Subjects? That the Clergy, and Regulars, in what Country soever, shall be exempt from the Jurisdiction of their King, in cases criminall? Or who does not see, to whose profit redound the Fees of private Masses, and Vales of Purgatory; with other signes of private interest, enough to mortifie the most lively Faith, if (as I sayd) the civill Magistrate, and Custome did not more sustain it, than any opinion they have of the Sanctity, Wisdome, or Probity of their Teachers? So that I may attribute all the changes of Religion in the world, to one and the some cause; and that is, unpleasing Priests; and those not onely amongst Catholiques, but even in that Church that hath presumed most of Reformation.
CHAPTER XIII. OF THE NATURALL CONDITION OF MANKIND, AS CONCERNING THEIR FELICITY, AND MISERY Nature hath made men so equall, in the faculties of body, and mind; as that though there bee found one man sometimes manifestly stronger in body, or of quicker mind then another; yet when all is reckoned together, the difference between man, and man, is not so considerable, as that one man can thereupon claim to himselfe any benefit, to which another may not pretend, as well as he. For as to the strength of body, the weakest has strength enough to kill the strongest, either by secret machination, or by confederacy with others, that are in the same danger with himselfe.
And as to the faculties of the mind, (setting aside the arts grounded upon words, and especially that skill of proceeding upon generall, and infallible rules, called Science; which very few have, and but in few things; as being not a native faculty, born with us; nor attained, (as Prudence,) while we look after somewhat els,) I find yet a greater equality amongst men, than that of strength. For Prudence, is but Experience; which equall time, equally bestowes on all men, in those things they equally apply themselves unto. That which may perhaps make such equality incredible, is but a vain conceipt of ones owne wisdome, which almost all men think they have in a greater degree, than the Vulgar; that is, than all men but themselves, and a few others, whom by Fame, or for concurring with themselves, they approve. For such is the nature of men, that howsoever they may acknowledge many others to be more witty, or more eloquent, or more learned; Yet they will hardly believe there be many so wise as themselves: For they see their own wit at hand, and other mens at a distance. But this proveth rather that men are in that point equall, than unequall. For there is not ordinarily a greater signe of the equall distribution of any thing, than that every man is contented with his share.
From Equality Proceeds Diffidence From this equality of ability, ariseth equality of hope in the attaining of our Ends. And therefore if any two men desire the same thing, which neverthelesse they cannot both enjoy, they become enemies; and in the way to their End, (which is principally their owne conservation, and sometimes their delectation only,) endeavour to destroy, or subdue one an other. And from hence it comes to passe, that where an Invader hath no more to feare, than an other mans single power; if one plant, sow, build, or possesse a convenient Seat, others may probably be expected to come prepared with forces united, to dispossesse, and deprive him, not only of the fruit of his labour, but also of his life, or liberty. And the Invader again is in the like danger of another.
From Diffidence Warre And from this diffidence of one another, there is no way for any man to secure himselfe, so reasonable, as Anticipation; that is, by force, or wiles, to master the persons of all men he can, so long, till he see no other power great enough to endanger him: And this is no more than his own conservation requireth, and is generally allowed. Also because there be some, that taking pleasure in contemplating their own power in the acts of conquest, which they pursue farther than their security requires; if others, that otherwise would be glad to be at ease within modest bounds, should not by invasion increase their power, they would not be able, long time, by standing only on their defence, to subsist.
And by consequence, such augmentation of dominion over men, being necessary to a mans conservation, it ought to be allowed him.
Againe, men have no pleasure, (but on the contrary a great deale of griefe) in keeping company, where there is no power able to over-awe them all. For every man looketh that his companion should value him, at the same rate he sets upon himselfe: And upon all signes of contempt, or undervaluing, naturally endeavours, as far as he dares (which amongst them that have no common power, to keep them in quiet, is far enough to make them destroy each other,) to extort a greater value from his contemners, by dommage; and from others, by the example.
So that in the nature of man, we find three principall causes of quarrel. First, Competition; Secondly, Diffidence; Thirdly, Glory.
The first, maketh men invade for Gain; the second, for Safety; and the third, for Reputation. The first use Violence, to make themselves Masters of other mens persons, wives, children, and cattell; the second, to defend them; the third, for trifles, as a word, a smile, a different opinion, and any other signe of undervalue, either direct in their Persons, or by reflexion in their Kindred, their Friends, their Nation, their Profession, or their Name.
Out Of Civil States, There Is Alwayes Warre Of Every One Against Every One Hereby it is manifest, that during the time men live without a common Power to keep them all in awe, they are in that condition which is called Warre; and such a warre, as is of every man, against every man.
For WARRE, consisteth not in Battell onely, or the act of fighting; but in a tract of time, wherein the Will to contend by Battell is sufficiently known: and therefore the notion of Time, is to be considered in the nature of Warre; as it is in the nature of Weather.
For as the nature of Foule weather, lyeth not in a showre or two of rain; but in an inclination thereto of many dayes together: So the nature of War, consisteth not in actuall fighting; but in the known disposition thereto, during all the time there is no assurance to the contrary. All other time is PEACE.
The Incommodities Of Such A War Whatsoever therefore is consequent to a time of Warre, where every man is Enemy to every man; the same is consequent to the time, wherein men live without other security, than what their own strength, and their own invention shall furnish them withall. In such condition, there is no place for Industry; because the fruit thereof is uncertain; and consequently no Culture of the Earth; no Navigation, nor use of the commodities that may be imported by Sea; no commodious Building; no Instruments of moving, and removing such things as require much force; no Knowledge of the face of the Earth; no account of Time; no Arts; no Letters; no Society; and which is worst of all, continuall feare, and danger of violent death; And the life of man, solitary, poore, nasty, brutish, and short.
It may seem strange to some man, that has not well weighed these things; that Nature should thus dissociate, and render men apt to invade, and destroy one another: and he may therefore, not trusting to this Inference, made from the Passions, desire perhaps to have the same confirmed by Experience. Let him therefore consider with himselfe, when taking a journey, he armes himselfe, and seeks to go well accompanied; when going to sleep, he locks his dores; when even in his house he locks his chests; and this when he knows there bee Lawes, and publike Officers, armed, to revenge all injuries shall bee done him; what opinion he has of his fellow subjects, when he rides armed; of his fellow Citizens, when he locks his dores; and of his children, and servants, when he locks his chests. Does he not there as much accuse mankind by his actions, as I do by my words? But neither of us accuse mans nature in it. The Desires, and other Passions of man, are in themselves no Sin. No more are the Actions, that proceed from those Passions, till they know a Law that forbids them; which till Lawes be made they cannot know: nor can any Law be made, till they have agreed upon the Person that shall make it.
It may peradventure be thought, there was never such a time, nor condition of warre as this; and I believe it was never generally so, over all the world: but there are many places, where they live so now.
For the savage people in many places of America, except the government of small Families, the concord whereof dependeth on naturall lust, have no government at all; and live at this day in that brutish manner, as I said before. Howsoever, it may be perceived what manner of life there would be, where there were no common Power to feare; by the manner of life, which men that have formerly lived under a peacefull government, use to degenerate into, in a civill Warre.
But though there had never been any time, wherein particular men were in a condition of warre one against another; yet in all times, Kings, and persons of Soveraigne authority, because of their Independency, are in continuall jealousies, and in the state and posture of Gladiators; having their weapons pointing, and their eyes fixed on one another; that is, their Forts, Garrisons, and Guns upon the Frontiers of their Kingdomes; and continuall Spyes upon their neighbours; which is a posture of War. But because they uphold thereby, the Industry of their Subjects; there does not follow from it, that misery, which accompanies the Liberty of particular men.
In Such A Warre, Nothing Is Unjust To this warre of every man against every man, this also is consequent; that nothing can be Unjust. The notions of Right and Wrong, Justice and Injustice have there no place. Where there is no common Power, there is no Law: where no Law, no Injustice. Force, and Fraud, are in warre the two Cardinall vertues. Justice, and Injustice are none of the Faculties neither of the Body, nor Mind. If they were, they might be in a man that were alone in the world, as well as his Senses, and Passions. They are Qualities, that relate to men in Society, not in Solitude. It is consequent also to the same condition, that there be no Propriety, no Dominion, no Mine and Thine distinct; but onely that to be every mans that he can get; and for so long, as he can keep it. And thus much for the ill condition, which man by meer Nature is actually 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.
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.