The English works of Thomas Hobbes of Malmesbury, Volume 04 · Thomas Hobbes
CHAPTER II.
1. The law of nature consisteth not in consent of men, but reason. 2. That every man divest himself of the right he hath to all things, is one precept of nature. 3. What it is to relinquish and transfer one’s right. 4. The will to transfer, and the will to accept, both necessary to the passing away of right. 5. Right not transferred by words _de futuro_ only. 6. Words _de futuro_, together with other signs of the will, may transfer right. 7. Free gift defined. 8. Contract, and the sorts of it. 9. Covenant defined. 10. Contract of mutual trust, is of no validity in the estate of hostility. 11. No covenant of men but with one another. 12. Covenant how dissolved. 13. Covenant extorted by fear, in the law of nature valid. 14. Covenant contrary to former covenant, void. 15. An oath defined. 16. Oath to be administered to every man in his own religion. 17. Oath addeth not to the obligation. 18. Covenants bind but to endeavour. [Sidenote: The law of nature consisteth not in consent of men, but reason.]
1. What it is we call the law of nature, is not agreed upon by those, that have hitherto written. For the most part, such writers as have occasion to affirm, that anything is against the law of nature, do allege no more than this, that it is against the consent of all nations, or the wisest and most civil nations. But it is not agreed upon, who shall judge which nations are the wisest. Others make that against the law of nature, which is contrary to the consent of all mankind; which definition cannot be allowed, because then no man could offend against the law of nature; for the nature of every man is contained under the nature of mankind. But forasmuch as all men are carried away by the violence of their passion, and by evil customs do those things which are commonly said to be against the law of nature; it is not the consent of passions, or consent in some error gotten by custom, that makes the law of nature. Reason is no less of the nature of man than passion, and is the same in all men, because all men agree in the will to be directed and governed in the way to that which they desire to attain, namely, their own good, which is the work of reason: there can therefore be no other law of nature than reason, nor no other precepts of _natural law_, than those which declare unto us the ways of peace, where the same may be obtained, and of defence where it may not.
11. And forasmuch as in all covenants, and contracts, and donations, the acceptance of him to whom the right is transferred, is necessary to the essence of those covenants, donations, &c., it is impossible to make a covenant or donation to any, that by nature, or absence, are unable, or if able, do not actually declare their acceptation of the same. First of all, therefore, it is impossible for any man to make a covenant with God Almighty, further than it hath pleased him to declare who shall receive and accept of the said covenant in his name. Also it is impossible to make covenant with those living creatures, of whose wills we have no sufficient sign, for want of common language. [Sidenote: Covenant how dissolved.] 12. A covenant to do any action at a certain time and place, is then dissolved by the covenanter, when that time cometh, either by the performance, or by the violation. For a covenant is void that is once impossible. But a covenant not to do, without time limited, which is as much as to say, a covenant never to do, is dissolved by the covenanter then only, when he violateth it, or dieth. And generally, all covenants are dischargeable by the covenantee, to whose benefit, and by whose right, he that maketh the covenant is obliged. This right therefore of the covenantee relinquished, is a release of the covenant. And universally, for the same reason, all obligations are determinable at the will of the obliger.
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