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酔楯荷恬: 梓囚徒貧圭�鮗� ○ 賜 ★ 辛酔堀貧和鍬匈 梓囚徒貧議 Enter 囚辛指欺云慕朕村匈 梓囚徒貧圭�鮗� ● 辛指欺云匈競何! 泌惚云慕短嗤堋響頼���誅卒亮茂�俊彭堋響��辛聞喘貧圭 "辺茄欺厘議箝誓匂" 孔嬬 才 "紗秘慕禰" 孔嬬��


g with the price of his redemption。 It holds universally true�察�that promises doe oblige when there is some benefit received�察�and that to promisee and the thing promised�察�be lawfull�此�But it is lawfull�察�for the redemption of my life�察�both to promise�察�and to give what I will of mine owne to any man�察�even to a Thief。 We are oblig'd therefore。 by promises proceeding from fear�察�except the Civill Law forbid them�察�by vertue whereof�察�that which is promised becomes unlawfull。     XVII。 Whosoever shall contract with one to doe�察�or omit somewhat�察�and shall after Covenant the contrary with another�察�he maketh not the former�察�but the latter Contract unlawfull�此�for�察�he hath no longer Right to doe�察�or to omit ought�察�who by former Contracts hath conveyed it to another�察�wherefore he can conveigh no Right by latter Contracts�察�and what is promised�察�is promis'd without Right�此�He is therefore tyed onely to his first Contract�察�to break which is unlawfull。     XVIII。 No man is oblig'd by any Contracts whatsoever not to resist him who shall offer to kill�察�wound�察�or any other way hurt his Body�察�for there is in every man a certain high degree of feare through which he apprehends that evill which is done to him to be the greatest�察�and therefore by naturall necessity he shuns it all he can�察�and 'tis suppos'd he can doe no otherwise�此�When a man is arrived to this degree of fear�察�we cannot expect but he will provide for himself either by flight�察�or fight。 Since therefore no man is tyed to impossibilities�察�they who are threatned either with deathe ��which is the greatest evill to nature�� or wounds�察�or some other bodily hurts�察�and are not stout enough to bear them�察�are not obliged to endure them。 Farthermore�察�he that is tyed by Contract is trusted�察。�for Faith only is the Bond of Contracts�� but they who are brought to punishment�察�either Capitall�察�or more gentle�察�are fettered�察�or strongly guarded�察�which is a most certain signe that they seem' d not sufficiently bound from non resistance by their Contracts。 Its one thing if I promise thus�此�If I doe it not at the day appointed�察�kill me。 Another thing if thus�此�If I doe it not�察�though you should offer to kill me�察�I will not resist�此�All men�察�if need be�察�contract the first way�察�but there is need sometimes。 This second way�察�none�察�neither is it ever needfull�察�for in the meer state of nature�察�if you have a mind to kill�察�that state it selfe affords you a Right�察�insomuch as you need not first trust him�察�if for breach of trust you will afterward kill him。 But in a Civill State�察�where the Right of life�察�and death�察�and of all corporall punishment is with the Supreme�察�that same Right of killing cannot be granted to any private person。 Neither need the Supreme himselfe contract with any man patiently to yeeld to his punishment�察�but onely this�察�that no man offer to defend others from him。 If in the state of nature�察�as between two Cities�察�there should a Contract be made�察�on condition of killing�察�if it were not perform'd�察�we must presuppose another Contract of not killing before the appointed day。 Wherefore on that day�察�if there be no performance�察�the right of Warre returnes�察�that is�察�an hostile state�察�in which all things are lawfull�察�and therefore resistance also。 Lastly�察�by the contract of not resisting�察�we are oblig'd of two Evills to make choice of that which seemes the greater�察�for certaine Death is a greater evill then Fighting�察�but of two Evills it is impossible not to chuse the least�此�By such a Compact therefore we should be tyed to impossibilities�察�which is contrary to the very nature of compacts。     XIX。 Likewise no man is tyed by any Compacts whatsoever to accuse himself�察�or any other�察�by whose dammage he is like to procure himselfe a bitter life�察�wherefore neither is a Father oblig'd to bear witnesse against his Sonne�察�nor a Husband against his Wife�察�nor a Sonne against his Father�察�nor any man against any one�察�by whose meanes he hath his subsistance�察�for in vain is that testimony which is presum'd to be corrupted from nature�察�but although no man be tyed to accuse himself by any compact�察�yet in a publique tryall he may�察�by torture�察�be forc'd to make answer�察�but such answers are no testimony of the fact�察�but helps for the searching out of truth�察�insomuch as whether the party tortur'd his answer be true�察�or false�察�or whether he answer not at all�察�whatsoever he doth�察�he doth it by Right。     XX。 Swearing is a speech joyned to a promise�察�whereby the promiser declares his renouncing of Gods mercy�察�unlesse he perform his word�察�which definition is contained in the words themselves�察�which have in them the very essence of an Oath�察�to wit�察�so God help me�察�or other equivalent�察�as with the Romans�察�Doe thou Jupiter so destroy the deceiver�察�as I slay this same Beast�此�neither is this any let�察�but that an Oath may as well sometimes be affirmatory�察�as promissory�察�for he that confirmes his affirmation with an Oath�察�promiseth that he speaks truth。 But though in some places it was the fashion for Subjects to Swear by their Kings�察�that custome took its Originall hence�察�That those Kings took upon them Divine Honour�察�for Oathes were therefore introduc'd that by Religion�察�and consideration of the Divine Power men might have a greater dread of breaking their Faiths�察�then that wherewith they fear men�察�from whose eyes their actions may lie hid。     XXI。 Whence it followes�察�that an Oath must be conceived in that forme which he useth�察�who takes it�察�for in vain is any man brought to Swear by a God whom he beleeves not�察�and therefore neither feares him。 For though by the light of nature it may be known that there is a God�察�yet no man thinks he is to Swear by him in any other fashion�察�or by any other name then what is contain'd in the precepts of his own proper�察�that is�察。�as he who Swears imagines�� the true Religion。     XXII。 By the definition of an Oath we may understand�察�that a bare Contract obligeth no lesse�察�then that to which we are Sworn�察�for it is the contract which binds us�察�the Oath relates to the Divine punishment�察�which it could not provoke�察�if the breach of contract were not in its selfe unlawfull�察�but it could not be unlawfull if the Contract were not obligatory。 Furthermore�察�he that renounceth the mercy of God obligeth himselfe not to any punishment�察�because it is ever lawfull to deprecate the punishment howsoever provok'd�察�and to enjoy Gods Pardon if it be granted。 The onely effect therefore of an Oath is this�察�To cause men who are naturally inclin'd to break all manner of faith�察�through fear of punishment�察�to make the more Conscience of their words and actions。     XXIII。 To exact an Oath�察�where the breach of contract�察�if any be made�察�cannot but be known�察�and where the party compacted�察�withall wants not power to punish�察�is to do somewhat more then is necessary unto self´defence�察�and shewes a mind desirous not so much to benefit it selfe�察�as to prejudice another。 For an Oath�察�out of the very form of swearing�察�is taken in order to the provocation of Gods anger�察�that is to say�察�of him that is Omnipotent against those who think�察�that by their own therefore violate their Faith�察�because they strength they can escape the punishment of men�察�and of him that is Omniscient against those�察�who therefore usually break their trust�察�because they hope that no man shall see them。

Chap。 III。

Of the other Lawes of Nature。


    I。 Another of the Lawes of Nature is�察�to performe Contracts�察�or to keep trust�察�for it hath been shewed in the foregoing Chapter that the Law of Nature commands every man�察�as a thing necessary�察�to obtain Peace�察�to conveigh certain rights from each to other�察�and that this ��as often as it shall happen to be done�� is called a Contract�此�But this is so farre forth onely conducible to peace�察�as we shall performe Our selves�察�what we contract with others�察�shall be done�察�or omitted�察�and in vaine would Contracts be made�察�unlesse we stood to them。 Because therefore�察�to stand to our Covenants�察�Or to keep faith�察�is a thing necessary for the obtaining of peace�察�it will prove by the second Article of the second Chapter to be a precept of the naturall Law。     II。 Neither is there in this matter�察�any exception of the persons�察�with whom we Contract�察�as if they keep no faith with others�察�Or hold�察�that none ought to be kept�察�or are guilty of any other kind of vice�此�for he that Contracts�察�in that he doth contract�察�denies that action to be in vaine�察�and it is against reason for a knowing man to doe a thing in vain�察�and if he think himself not bound to keep it�察�in thinking so�察�he affirms the Contract to be made in vain�此�He therefore�察�who Contracts with one with whom he thinks he is not bound to keep faith�察�he doth at once think a Contract to be a thing done in vaine�察�and not in vaine�察�which is absurd。 Either therefore we must hold trust with all men�察�or else not bargain with them�察�that is�察�either there must be a declared Warre�察�Or a sure and faithfull Peace。     III。 The breaking of a Bargain�察�as also the taking back of a gift�察。�which ever consists in some action�察�Or omission�� is called an INJURY�此�But that action�察�or omission�察�is called unjust�察�insomuch as an injury�察�and an unjust action�察�or omission�察�signifie the same thing�察�and both are the same with breach of Contract and trust�此�And it seemes the word Iniury came to be given to any action�察�or omission�察�because they were without Right。 He that acted�察�or omitted�察�having before conveyed bis Right to some other。 And there is some likenesse between that�察�which in the common course of life we call Injury�察�and that�察�which in the Schools is usually called absurd。 For even as he�察�who by Arguments is driven to deny the Assertion which he first maintain'd�察�is said to be brought to an absurdity�察�in like manner�察�he who through weaknesse of mind does�察�or omits that which before he had by Contract promis'd not to doe�察�or omit�察�commits an Injury�察�and falls into no lesse contradiction�察�then he�察�who in the Schools is reduc'd to an Absurdity。 For by contracting for some future action�察�he wills it done�察�by not doing it�察�he wills it not done�察�which is to will a thing done�察�and not done at the same time�察�which is a contradiction。 An Injury therefore is a kind of absurdity in conversation�察�as an absurdity is a kind of injury in disputation。     IV。 From these grounds it followes�察�that an injury can be done to no man but him with 
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