13. It is a question often moved, whether such covenants oblige, as are extorted from men by fear. As for example: whether, if a man for fear of death, have promised to give a thief an hundred pounds the next day, and not discover him, whether such covenant be obligatory or not. And though in some cases such covenant may be void, yet it is not therefore void, because extorted by fear. For there appeareth no reason, why that which we do upon fear, should be less firm than that which we do for covetousness. For both the one and the other maketh the action voluntary. And if no covenant should be good, that proceedeth from fear of death, no conditions of peace between enemies, nor any laws could be of force; which are all consented to from that fear. For who would lose the liberty that nature hath given him, of governing himself by his own will and power, if they feared not death in the retaining of it? What prisoner in war might be trusted to seek his ransom, and ought not rather to be killed, if he were not tied by the grant of his life, to perform his promise? But after the introduction of policy and laws, the case may alter; for if by the law the performance of such a covenant be forbidden, then he that promiseth anything to a thief, not only may, but must refuse to perform it. But if the law forbid not the performance, but leave it to the will of the promiser, then is the performance still lawful: and the covenant of things lawful is obligatory, even towards a thief.
14. He that giveth, promiseth, or covenanteth to one, and after giveth, promiseth, or covenanteth the same to another, maketh void the latter act. For it is impossible for a man to transfer that right which he himself hath not; and that right he hath not, which he himself hath before transferred.
15. An OATH is a clause annexed to a promise, containing a renunciation of God's mercy, by him that promiseth, in case he perform not as far as is lawful and possible for him to do. And this appeareth by the words which make the essence of the oath (viz.) so help me God. So also was it amongst the heathen. And the form of the Romans was, Thou Jupiter kill him that breaketh, as I kill this beast. The intention therefore of an oath being to provoke vengeance upon the breakers of covenants; it is to no purpose to swear by men, be they never so great, because their punishment by divers accidents may be avoided, whether they will, or no; but God's punishment not. Though it were a custom of many nations, to swear by the life of their princes; yet those princes being ambitious of divine honour, give sufficient testimony, that they believed, nothing ought to be sworn by, but the Deity.
16. And seeing men cannot be afraid of the power they believe not, and an oath is to no purpose, without fear of him they swear by; it is necessary that he that sweareth, do it in that form which himself admitteth in his own religion, and not in that form which he useth, that putteth him to the oath. For though all men may know by nature, that there is an Almighty power, nevertheless they believe not, that they swear by him, in any other form or name, than what their own (which they think the true) religion teacheth them.
17. And by the definition of an oath, it appeareth that it addeth not a greater obligation to perform the covenant sworn, than the covenant carrieth in itself, but it putteth a man into a greater danger, and of greater punishment.
18. Covenants and oaths are de voluntariis, that is, de possibilibus. Nor can the covenantee understand the covenanter to promise impossibles; for they fall not under deliberation: and consequently (by chap. XIII, sect. 10, which maketh the covenantee interpreter), no covenant is understood to bind further, than to our best endeavour, either in performance of the thing promised, or in something equivalent.
Chapter 16: Some of the Laws of Nature
1. It is a common saying that nature maketh nothing in vain. And it is most certain, that as the truth of a conclusion, is no more but the truth of the premises that make it; so the force of the command, or law of nature, is no more than the force of the reasons inducing thereunto. Therefore the law of nature mentioned in the former chapter, sect. 2, namely, That every man should divest himself of the right, &c. were utterly vain, and of none effect, if this also were not a law of the same Nature, That every man is obliged to stand to, and perform, those covenants which he maketh. For what benefit is it to a man, that any thing be promised, or given unto him, if he that giveth, or promiseth, performeth not, or retaineth still the right of taking back what he hath given?
2. The breach or violation of covenant, is that which men call INJURY, consisting in some action or omission, which is therefore called UNJUST. For it is action or omission, without jus, or right; which was transferred or relinquished before. There is a great similitude between that we call injury, or injustice in the actions and conversations of men in the world, and that which is called absurd in the arguments and disputations of the Schools. For as he, that is driven to contradict an assertion by him before maintained, is said to be reduced to an absurdity; so he that through passion doth, or omitteth that which before by covenant he promised not to do, or not to omit, is said to commit injustice. And there is in every breach of covenant a contradiction properly so called; for he that covenanteth, willeth to do, or omit, in the time to come; and he that doth any action, willeth it in that present, which is part of the future time, contained in the covenant: and therefore he that violateth a covenant, willeth the doing and the not doing of the same thing, at the same time; which is a plain contradiction. And so injury is an absurdity of conversation, as absurdity is a kind of injustice in disputation.
3. In all violation of covenant, (to whomsoever accrueth the damage) the injury is done only to him to whom the covenant was made. For example, if a man covenant to obey his master, and the master command him to give money to a third, which he promiseth to do, and doth not; though this be to the damage of the third, yet the injury is done to the master only. For he could violate no covenant with him, with whom none was made, and therefore doth him no injury: for injury consisteth in violation of covenant, by the definition thereof.
4. The names of just, unjust, justice, injustice, are equivocal, and signify diversely. For justice and injustice, when they be attributed to actions, signify the same thing with no injury, and injury; and denominate the action just, or unjust, but not the man so; for they denominate him guilty, or not guilty. But when justice and injustice are attributed to men, they signify proneness and affection, and inclination of nature, that is to say, passions of the mind apt to produce just and unjust actions. So that when a man is said to be just, or unjust, not the action, but the passion, and aptitude to do such action is considered. And therefore a just man may have committed an unjust act; and an unjust man may have done justly not only one, but most of his actions. For there is an oderunt peccare in the unjust, as well as in the just, but from different causes; for the unjust man who abstaineth from injuries for fear of punishment, declareth plainly that the justice of his actions dependeth upon civil constitution, from whence punishments proceed; which would otherwise in the estate of nature be unjust, according to the fountain from whence they spring. This distinction therefore of justice, and injustice, ought to be remembered: that when injustice is taken for guilt, the action is unjust, but not therefore the man; and when justice is taken for guiltlessness, the actions are just, and yet not always the man. Likewise when justice and injustice are taken for habits of the mind, the man may be just, or unjust, and yet not all his actions so.
5. Concerning. the justice of actions, the same is usually divided into two kinds, whereof men call the one commutative, and the other distributive; and are said to consist, the one in proportion arithmetical, the other in geometrical: and commutative justice, they place in permutation, as buying, selling, and barter. distributive, in giving to every man according to their deserts. Which distinction is not well made, inasmuch as injury, which is the injustice of action, consisteth not in the inequality of things changed, or distributed, but in the inequality that men (contrary to nature and reason) assume unto themselves above their fellows; of which inequality shall be spoken hereafter. And for commutative justice placed in buying and selling, though the thing bought be unequal to the price given for it; yet forasmuch as both the buyer and the seller are made judges of the value, and are thereby both satisfied: there can be no injury done on either side, neither party having trusted, or covenanted with the other. And for distributive justice, which consisteth in the distribution of our own benefits; seeing a thing is therefore