1.15. CHAP. XV
Of other Laws of Nature
FROM that law of nature by which we are obliged to transfer to
another such rights as, being retained, hinder the peace of mankind,
there followeth a third; which is this: that men perform their
covenants made; without which covenants are in vain, and but empty
words; and the right of all men to all things remaining, we are
still in the condition of war.
And in this law of nature consisteth the fountain and original of
justice. For where no covenant hath preceded, there hath no right been
transferred, and every man has right to everything and consequently,
no action can be unjust. But when a covenant is made, then to break it
is unjust and the definition of injustice is no other than the not
performance of covenant. And whatsoever is not unjust is just.
But because covenants of mutual trust, where there is a fear of
not performance on either part (as hath been said in the former
chapter), are invalid, though the original of justice be the making of
covenants, yet injustice actually there can be none till the cause
of such fear be taken away; which, while men are in the natural
condition of war, cannot be done. Therefore before the names of just
and unjust can have place, there must be some coercive power to compel
men equally to the performance of their covenants, by the terror of
some punishment greater than the benefit they expect by the breach
of their covenant, and to make good that propriety which by mutual
contract men acquire in recompense of the universal right they
abandon: and such power there is none before the erection of a
Commonwealth. And this is also to be gathered out of the ordinary
definition of justice in the Schools, for they say that justice is the
constant will of giving to every man his own. And therefore where
there is no own, that is, no propriety, there is no injustice; and
where there is no coercive power erected, that is, where there is no
Commonwealth, there is no propriety, all men having right to all
things: therefore where there is no Commonwealth, there nothing is
unjust. So that the nature of justice consisteth in keeping of valid
covenants, but the validity of covenants begins not but with the
constitution of a civil power sufficient to compel men to keep them:
and then it is also that propriety begins.
The fool hath said in his heart, there is no such thing as
justice, and sometimes also with his tongue, seriously alleging that
every man's conservation and contentment being committed to his own
care, there could be no reason why every man might not do what he
thought conduced thereunto: and therefore also to make, or not make;
keep, or not keep, covenants was not against reason when it conduced
to one's benefit. He does not therein deny that there be covenants;
and that they are sometimes broken, sometimes kept; and that such
breach of them may be called injustice, and the observance of them
justice: but he questioneth whether injustice, taking away the fear of
God (for the same fool hath said in his heart there is no God), not
sometimes stand with that reason which dictateth to every man his
own good; and particularly then, when it conduceth to such a benefit
as shall put a man in a condition to neglect not only the dispraise
and revilings, but also the power of other men. The kingdom of God
is gotten by violence: but what if it could be gotten by unjust
violence? Were it against reason so to get it, when it is impossible
to receive hurt by it? And if it be not against reason, it is not
against justice: or else justice is not to be approved for good.
From such reasoning as this, successful wickedness hath obtained the
name of virtue: and some that in all other things have disallowed
the violation of faith, yet have allowed it when it is for the getting
of a kingdom. And the heathen that believed that Saturn was deposed by
his son Jupiter believed nevertheless the same Jupiter to be the
avenger of injustice, somewhat like to a piece of law in Coke's
Commentaries on Littleton; where he says if the right heir of the
crown be attainted of treason, yet the crown shall descend to him, and
eo instante the attainder be void: from which
instances a man will be very prone to infer that when the heir apparent
of a kingdom shall kill him that is in possession, though his father, you
may call it injustice, or by what other name you will; yet it can never
be against reason, seeing all the voluntary actions of men tend to the
benefit of themselves; and those actions are most reasonable that
conduce most to their ends. This specious reasoning is nevertheless
false.
For the question is not of promises mutual, where there is no
security of performance on either side, as when there is no civil
power erected over the parties promising; for such promises are no
covenants: but either where one of the parties has performed
already, or where there is a power to make him perform, there is the
question whether it be against reason; that is, against the benefit of
the other to perform, or not. And I say it is not against reason.
For the manifestation whereof we are to consider; first, that when a
man doth a thing, which notwithstanding anything can be foreseen and
reckoned on tendeth to his own destruction, howsoever some accident,
which he could not expect, arriving may turn it to his benefit; yet
such events do not make it reasonably or wisely done. Secondly, that
in a condition of war, wherein every man to every man, for want of a
common power to keep them all in awe, is an enemy, there is no man can
hope by his own strength, or wit, to himself from destruction
without the help of confederates; where every one expects the same
defence by the confederation that any one else does: and therefore
he which declares he thinks it reason to deceive those that help him
can in reason expect no other means of safety than what can be had
from his own single power. He, therefore, that breaketh his
covenant, and consequently declareth that he thinks he may with reason
do so, cannot be received into any society that unite themselves for
peace and defence but by the error of them that receive him; nor
when he is received be retained in it without seeing the danger of
their error; which errors a man cannot reasonably reckon upon as the
means of his security: and therefore if he be left, or cast out of
society, he perisheth; and if he live in society, it is by the
errors of other men, which he could not foresee nor reckon upon, and
consequently against the reason of his preservation; and so, as all
men that contribute not to his destruction forbear him only out of
ignorance of what is good for themselves.
As for the instance of gaining the secure and perpetual felicity
of heaven by any way, it is frivolous; there being but one way
imaginable, and that is not breaking, but keeping of covenant.
And for the other instance of attaining sovereignty by rebellion; it
is manifest that, though the event follow, yet because it cannot
reasonably be expected, but rather the contrary, and because by
gaining it so, others are taught to gain the same in like manner,
the attempt thereof is against reason. Justice therefore, that is to
say, keeping of covenant, is a rule of reason by which we are
forbidden to do anything destructive to our life, and consequently a
law of nature.
There be some that proceed further and will not have the law of
nature to be those rules which conduce to the preservation of man's
life on earth, but to the attaining of an eternal felicity after
death; to which they think the breach of covenant may conduce, and
consequently be just and reasonable; such are they that think it a
work of merit to kill, or depose, or rebel against the sovereign power
constituted over them by their own consent. But because there is no
natural knowledge of man's estate after death, much less of the reward
that is then to be given to breach of faith, but only a belief
grounded upon other men's saying that they know it supernaturally or
that they know those that knew them that knew others that knew it
supernaturally, breach of faith cannot be called a precept of reason
or nature.
Others, that allow for a law of nature the keeping of faith, do
nevertheless make exception of certain persons; as heretics, and
such as use not to perform their covenant to others; and this also
is against reason. For if any fault of a man be sufficient to
discharge our covenant made, the same ought in reason to have been
sufficient to have hindered the making of it.
The names of just and unjust when they are attributed to men,
signify one thing, and when they are attributed to actions, another.
When they are attributed to men, they signify conformity, or
inconformity of manners, to reason. But when they are attributed to
action they signify the conformity, or inconformity to reason, not
of manners, or manner of life, but of particular actions. A just man
therefore is he that taketh all the care he can that his actions may
be all just; and an unjust man is he that neglecteth it. And such
men are more often in our language styled by the names of righteous
and unrighteous than just and unjust though the meaning be the same.
Therefore a righteous man does not lose that title by one or a few
unjust actions that proceed from sudden passion, or mistake of
things or persons, nor does an unrighteous man lose his character
for such actions as he does, or forbears to do, for fear: because
his will is not framed by the justice, but by the apparent benefit
of what he is to do. That which gives to human actions the relish of
justice is a certain nobleness or gallantness of courage, rarely
found, by which a man scorns to be beholding for the contentment of
his life to fraud, or breach of promise. This justice of the manners
is that which is meant where justice is called a virtue; and
injustice, a vice.
But the justice of actions denominates men, not just, but guiltless:
and the injustice of the same (which is also called injury) gives them
but the name of guilty.
Again, the injustice of manners is the disposition or aptitude to do
injury, and is injustice before it proceed to act, and without
supposing any individual person injured. But the injustice of an
action (that is to say, injury) supposeth an individual person
injured; namely him to whom the covenant was made: and therefore
many times the injury is received by one man when the damage
redoundeth to another. As when the master commandeth his servant to
give money to stranger; if it be not done, the injury is done to the
master, whom he had before covenanted to obey; but the damage
redoundeth to the stranger, to whom he had no obligation, and
therefore could not injure him. And so also in Commonwealths private
men may remit to one another their debts, but not robberies or other
violences, whereby they are endamaged; because the detaining of debt
is an injury to themselves, but robbery and violence are injuries to
the person of the Commonwealth.
Whatsoever is done to a man, conformable to his own will signified
to the doer, is not injury to him. For if he that doeth it hath not
passed away his original right to do what he please by some antecedent
covenant, there is no breach of covenant, and therefore no injury done
him. And if he have, then his will to have it done, being signified,
is a release of that covenant, and so again there is no injury done
him.
Justice of actions is by writers divided into commutative and
distributive: and the former they say consisteth in proportion
arithmetical; the latter in proportion geometrical. Commutative,
therefore, they place in the equality of value of the things
contracted for; and distributive, in the distribution of equal benefit
to men of equal merit. As if it were injustice to sell dearer than
we buy, or to give more to a man than he merits. The value of all
things contracted for is measured by the appetite of the
contractors, and therefore the just value is that which they be
contented to give. And merit (besides that which is by covenant, where
the performance on one part meriteth the performance of the other
part, and falls under justice commutative, not distributive) is not
due by justice, but is rewarded of grace only. And therefore this
distinction, in the sense wherein it useth to be expounded, is not
right. To speak properly, commutative justice is the justice of a
contractor; that is, a performance of covenant in buying and
selling, hiring and letting to hire, lending and borrowing,
exchanging, bartering, and other acts of contract.
And distributive justice, the justice of an arbitrator; that is to
say, the act of defining what is just. Wherein, being trusted by
them that make him arbitrator, if he perform his trust, he is said
to distribute to every man his own: and this is indeed just
distribution, and may be called, though improperly, distributive
justice, but more properly equity, which also is a law of nature, as
shall be shown in due place.
As justice dependeth on antecedent covenant; so does gratitude
depend on antecedent grace; that is to say, antecedent free gift;
and is the fourth law of nature, which may be conceived in this
form: that a man which receiveth benefit from another of mere grace
endeavour that he which giveth it have no reasonable cause to repent
him of his good will. For no man giveth but with intention of good
to himself, because gift is voluntary; and of all voluntary acts,
the object is to every man his own good; of which if men see they
shall be frustrated, there will be no beginning of benevolence or
trust, nor consequently of mutual help, nor of reconciliation of one
man to another; and therefore they are to remain still in the
condition of war, which is contrary to the first and fundamental law
of nature which commandeth men to seek peace. The breach of this law
is called ingratitude, and hath the same relation to grace that
injustice hath to obligation by covenant.
A fifth law of nature is complaisance; that is to say, that every
man strive to accommodate himself to the rest. For the understanding
whereof we may consider that there is in men's aptness to society a
diversity of nature, rising from their diversity of affections, not
unlike to that we see in stones brought together for building of an
edifice. For as that stone which by the asperity and irregularity of
figure takes more room from others than itself fills, and for hardness
cannot be easily made plain, and thereby hindereth the building, is by
the builders cast away as unprofitable and troublesome: so also, a man
that by asperity of nature will strive to retain those things which to
himself are superfluous, and to others necessary, and for the
stubbornness of his passions cannot be corrected, is to be left or
cast out of society as cumbersome thereunto. For seeing every man, not
only by right, but also by necessity of nature, is supposed to
endeavour all he can to obtain that which is necessary for his
conservation, he that shall oppose himself against it for things
superfluous is guilty of the war that thereupon is to follow, and
therefore doth that which is contrary to the fundamental law of
nature, which commandeth to seek peace. The observers of this law
may be called sociable, (the Latins call them commodi);
the contrary, stubborn, insociable, forward, intractable.
A sixth law of nature is this: that upon caution of the future
time, a man ought to pardon the offences past of them that, repenting,
desire it. For pardon is nothing but granting of peace; which though
granted to them that persevere in their hostility, be not peace, but
fear; yet not granted to them that give caution of the future time
is sign of an aversion to peace, and therefore contrary to the law
of nature.
A seventh is: that in revenges (that is, retribution of evil for
evil), men look not at the greatness of the evil past, but the
greatness of the good to follow. Whereby we are forbidden to inflict
punishment with any other design than for correction of the
offender, or direction of others. For this law is consequent to the
next before it, that commandeth pardon upon security of the future
time. Besides, revenge without respect to the example and profit to
come is a triumph, or glorying in the hurt of another, tending to no
end (for the end is always somewhat to come); and glorying to no end
is vain-glory, and contrary to reason; and to hurt without reason
tendeth to the introduction of war, which is against the law of
nature, and is commonly styled by the name of cruelty.
And because all signs of hatred, or contempt, provoke to fight;
insomuch as most men choose rather to hazard their life than not to be
revenged, we may in the eighth place, for a law of nature, set down
this precept: that no man by deed, word, countenance, or gesture,
declare hatred or contempt of another. The breach of which law is
commonly called contumely.
The question who is the better man has no place in the condition
of mere nature, where (as has been shown before) all men are equal.
The inequality that now is has been introduced by the laws civil. I
know that Aristotle in the first book of his Politics, for a
foundation of his doctrine, maketh men by nature, some more worthy
to command, meaning the wiser sort, such as he thought himself to be
for his philosophy; others to serve, meaning those that had strong
bodies, but were not philosophers as he; as master and servant were
not introduced by consent of men, but by difference of wit: which is
not only against reason, but also against experience. For there are
very few so foolish that had not rather govern themselves than be
governed by others: nor when the wise, in their own conceit, contend
by force with them who distrust their own wisdom, do they always, or
often, or almost at any time, get the victory. If nature therefore
have made men equal, that equality is to be acknowledged: or if nature
have made men unequal, yet because men that think themselves equal
will not enter into conditions of peace, but upon equal terms, such
equality must be admitted. And therefore for the ninth law of
nature, I put this: that every man acknowledge another for his equal
by nature. The breach of this precept is pride.
On this law dependeth another: that at the entrance into
conditions of peace, no man require to reserve to himself any right
which he is not content should he reserved to every one of the rest.
As it is necessary for all men that seek peace to lay down certain
rights of nature; that is to say, not to have liberty to do all they
list, so is it necessary for man's life to retain some: as right to
govern their own bodies; enjoy air, water, motion, ways to go from
place to place; and all things else without which a man cannot live,
or not live well. If in this case, at the making of peace, men require
for themselves that which they would not have to be granted to others,
they do contrary to the precedent law that commandeth the
acknowledgement of natural equality, and therefore also against the
law of nature. The observers of this law are those we call modest, and
the breakers arrogant men. The Greeks call the violation of this law
πλεονεξυα; that is, a desire of
more than their share.
Also, if a man he trusted to judge between man and man, it is a
precept of the law of nature that he deal equally between them. For
without that, the controversies of men cannot be determined but by
war. He therefore that is partial in judgement, doth what in him
lies to deter men from the use of judges and arbitrators, and
consequently, against the fundamental law of nature, is the cause of
war.
The observance of this law, from the equal distribution to each
man of that which in reason belonged to him, is called equity, and (as
I have said before) distributive justice: the violation, acception
of persons, προσωποληψυα.
And from this followeth another law: that such things as cannot he
divided be enjoyed in common, if it can be; and if the quantity of the
thing permit, without stint; otherwise proportionably to the number of
them that have right. For otherwise the distribution is unequal, and
contrary to equity.
But some things there be that can neither be divided nor enjoyed
in common. Then, the law of nature which prescribeth equity requireth:
that the entire right, or else (making the use alternate) the first
possession, be determined by lot. For equal distribution is of the law
of nature; and other means of equal distribution cannot be imagined.
Of lots there be two sorts, arbitrary and natural. Arbitrary is that
which is agreed on by the competitors; natural is either primogeniture
(which the Greek calls Κληρονομυα,
which signifies, given by lot), or first seizure.
And therefore those things which cannot be enjoyed in common, nor
divided, ought to be adjudged to the first possessor; and in some
cases to the first born, as acquired by lot.
It is also a law of nature: that all men that mediate peace he
allowed safe conduct. For the law that commandeth peace, as the end,
commandeth intercession, as the means; and to intercession the means
is safe conduct.
And because, though men be never so willing to observe these laws,
there may nevertheless arise questions concerning a man's action;
first, whether it were done, or not done; secondly, if done, whether
against the law, or not against the law; the former whereof is
called a question of fact, the latter a question of right; therefore
unless the parties to the question covenant mutually to stand to the
sentence of another, they are as far from peace as ever. This other,
to whose sentence they submit, is called an arbitrator. And
therefore it is of the law of nature that they that are at controversy
submit their right to the judgement of an arbitrator.
And seeing every man is presumed to do all things in order to his
own benefit, no man is a fit arbitrator in his own cause: and if he
were never so fit, yet equity allowing to each party equal benefit, if
one be admitted to be judge, the other is to be admitted also; and
so the controversy, that is, the cause of war, remains, against the
law of nature.
For the same reason no man in any cause ought to be received for
arbitrator to whom greater profit, or honour, or pleasure apparently
ariseth out of the victory of one party than of the other: for he hath
taken, though an unavoidable bribe, yet a bribe; and no man can be
obliged to trust him. And thus also the controversy and the
condition of war remaineth, contrary to the law of nature.
And in a controversy of fact, the judge being to give no more credit
to one than to the other, if there be no other arguments, must give
credit to a third; or to a third and fourth; or more: for else the
question is undecided, and left to force, contrary to the law of
nature.
These are the laws of nature, dictating peace, for a means of the
conservation of men in multitudes; and which only concern the doctrine
of civil society. There be other things tending to the destruction
of particular men; as drunkenness, and all other parts of
intemperance, which may therefore also be reckoned amongst those
things which the law of nature hath forbidden, but are not necessary
to be mentioned, nor are pertinent enough to this place.
And though this may seem too subtle a deduction of the laws of
nature to be taken notice of by all men, whereof the most part are too
busy in getting food, and the rest too negligent to understand; yet to
leave all men inexcusable, they have been contracted into one easy
sum, intelligible even to the meanest capacity; and that is: Do not
that to another which thou wouldest not have done to thyself, which
showeth him that he has no more to do in learning the laws of nature
but, when weighing the actions of other men with his own they seem too
heavy, to put them into the other part of the balance, and his own
into their place, that his own passions and self-love may add
nothing to the weight; and then there is none of these laws of
nature that will not appear unto him very reasonable.
The laws of nature oblige in foro interno; that is to say, they bind
to a desire they should take place: but in foro externo; that is, to
the putting them in act, not always. For he that should be modest
and tractable, and perform all he promises in such time and place
where no man else should do so, should but make himself a prey to
others, and procure his own certain ruin, contrary to the ground of
all laws of nature which tend to nature's preservation. And again,
he that having sufficient security that others shall observe the
same laws towards him, observes them not himself, seeketh not peace,
but war, and consequently the destruction of his nature by violence.
And whatsoever laws bind in foro interno may be broken, not only
by a fact contrary to the law, but also by a fact according to it,
in case a man think it contrary. For though his action in this case be
according to the law, yet his purpose was against the law; which,
where the obligation is in foro interno, is a breach.
The laws of nature are immutable and eternal; for injustice,
ingratitude, arrogance, pride, iniquity, acception of persons, and the
rest can never be made lawful. For it can never be that war shall
preserve life, and peace destroy it.
The same laws, because they oblige only to a desire and endeavour,
mean an unfeigned and constant endeavour, are easy to be observed. For
in that they require nothing but endeavour, he that endeavoureth their
performance fulfilleth them; and he that fulfilleth the law is just.
And the science of them is the true and only moral philosophy. For
moral philosophy is nothing else but the science of what is good and
evil in the conversation and society of mankind. Good and evil are
names that signify our appetites and aversions, which in different
tempers, customs, and doctrines of men are different: and diverse
men differ not only in their judgement on the senses of what is
pleasant and unpleasant to the taste, smell, hearing, touch, and
sight; but also of what is conformable or disagreeable to reason in
the actions of common life. Nay, the same man, in diverse times,
differs from himself; and one time praiseth, that is, calleth good,
what another time he dispraiseth, and calleth evil: from whence
arise disputes, controversies, and at last war. And therefore so
long as a man is in the condition of mere nature, which is a condition
of war, private appetite is the measure of good and evil: and
consequently all men agree on this, that peace is good, and
therefore also the way or means of peace, which (as I have shown
before) are justice, gratitude, modesty, equity, mercy, and the rest
of the laws of nature, are good; that is to say, moral virtues; and
their contrary vices, evil. Now the science of virtue and vice is
moral philosophy; and therefore the true doctrine of the laws of
nature is the true moral philosophy. But the writers of moral
philosophy, though they acknowledge the same virtues and vices; yet,
not seeing wherein consisted their goodness, nor that they come to
be praised as the means of peaceable, sociable, and comfortable
living, place them in a mediocrity of passions: as if not the cause,
but the degree of daring, made fortitude; or not the cause, but the
quantity of a gift, made liberality.
These dictates of reason men used to call by the name of laws, but
improperly: for they are but conclusions or theorems concerning what
conduceth to the conservation and defence of themselves; whereas
law, properly, is the word of him that by right hath command over
others. But yet if we consider the same theorems as delivered in the
word of God that by right commandeth all things, then are they
properly called laws.
