as far as may be, of the means to its enjoyment.
With beasts there is no covenant, because no proper
mutual understanding. With God also none, except
through special revelation, or with his lieutenant
in his name. Anything vowed contrary to the law
of nature is vowed in vain; if the thing vowed is
commanded by the law of nature, the law, not the vow,
binds. Covenants are of things possible and future.
Men are freed from them by performance, or forgiveness,
which is restitution of liberty. He pronounces
covenants extorted by fear to be binding alike in
the state of mere nature and in commonwealths, if
once entered into. A former covenant makes void
a later. Any covenant not to defend one’s
self from force by force is always void; as said above,
there is no transference possible of right to defend
one’s self from death, wounds, imprisonment,
&c. So no man is obliged to accuse himself, or
generally to give testimony where from the nature of
the case it may be presumed to be corrupted.
Accusation upon torture is not to be reputed as testimony.
At the close he remarks upon oaths. He finds
in human nature two imaginable helps to strengthen
the force of words, otherwise too weak to insure the
performance of covenants. One of these—
pride
in appearing not to need to break one’s word,
he supposes too rare to be presumed upon. The
other,
fear, has reference either to power
of spirits invisible, or of men. In the state
of nature, it is the first kind of fear—a
man’s religion—that keeps him to
his promises. An oath is therefore swearing to
perform by the God a man fears. But to the obligation
itself it adds nothing.
Of the other Laws of Nature, treated in Chap.
XV., the third, that men perform their covenants
made, opens up the discussion of Justice.
Till rights have been transferred and covenants made
there is no justice or injustice; injustice is no
other than the non-performance of covenants.
Further, justice (and also property) begins only where
a regular coercive power is constituted, because otherwise
there is cause for fear, and fear, as has been seen,
makes covenants invalid. Even the scholastic
definition of justice recognizes as much; for there
can be no constant will of giving to every man his
own, when, as in the state of nature, there is no
own. He argues at length against the idea
that justice, i.e., the keeping of covenants,
is contrary to reason; repelling three different arguments.
(1) He demonstrates that it cannot be reasonable to
break or keep covenants according to benefit supposed
to be gained in each case, because this would be a
subversion of the principles whereon society is founded,
and must end by depriving the individual of its benefits,
whereby he would be left perfectly helpless. (2) He
considers it frivolous to talk of securing the happiness
of heaven by any kind of injustice, when there is but
one possible way of attaining it, viz., the keeping