Selected quad for the lemma: death_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
death_n	covenant_n	law_n	life_n	4,307	5	5.4437	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A43978	De corpore politico, or, The elements of law, moral and politick with discourses upon severall heads, as of [brace] the law of nature, oathes and covenants, several kinds of government : with the changes and revolutions of them / by Tho. Hobbs of Malmsbury.	Hobbes, Thomas, 1588-1679.	1652 (1652)	Wing H2221; ESTC R41339	83,707	190

by the Covenantor 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 Covenantor then only when he violateth it or dyeth 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 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 feare of Death hath promised to give a Theef 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 lesse firme then that which we do for Covetousnesse For both the One and the Other maketh the Action Voluntary And if no Covenant should be good that proceedeth from feare of Death no conditions of Peace betweene 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 himselfe 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 Ransome and ought not rather to be killed if he were not tyed 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 any thing to a Theif 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 lawfull and the Covenant of things lawfull is obligatory even towards a Theif 14. He that giveth promiseth or covenanteth to one and after giveth promiseth or covenanteth the same to another maketh void the later Act. For it is impossible for a man to transfer that Right which he himselfe 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 Renuntiation of Gods mercy by him that promiseth in case he perform not as far as is lawfull and possible for him to doe And this appeareth by the words which make the Essence of the Oath So helpe me God So also was it amongst the Heathen And the forme 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 Covenant it is to no purpose to sweare by Men be they never so great because their punishment by divers Accidents may be avoided whether they will or no but Gods Punishment not Though it were a Custome of many Nations to sweare by the life of their Princes yet those Princes being ambitious of Divine Honour give sufficient Testimony that they beleeved Nothing ought to be sworne by but the Deity 16. And seeing men cannot be afraid of the Power they beleeve not and an Oath is to no purpose without fear of him they swear by it is necessary that he that sweareth doe it in that forme which himself admitteth in his owne Religion and not in that forme which he useth that putteth him to the oath For though all men may know by nature that there is an Almighty Power neverthelesse they beleeve not that they sweare by him in any other form or name then 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 sworne then the Covenant carryeth in it self but it putteth a man into greater danger and of greater punishment 18 Covenants and Oaths are De Voluntariis that is De Possibilibus Nor can the Covenantee understand the Covenantor to promise Impossibles for they fall not under Deliberation and consequently by Chap. 13. Sect. 10. which maketh the Covenanter Interpreter no Covenant is understood to bind further then to our best endervour either in performance of the thing promised or in something Equivalent CHAP. III. 1. That men stand to their Covenants 2. Injury defined 3. That Iniury is done onely to the Covenantee 4. The signification of those Names Just Uniust 5. Justice not rightly divided into Commutative and Distributive 6. It is a Law of Nature that He that is trusted turn not that trust to the Damage of Him that trusteth 7. Ingratitude defined 8. It is a Law of Nature to endeavour to accommodate one another 9. And that man forgive upon caution for the future 10. And that revenge ought to respect the future onely 11. That reproach and contempt declared is against the Law of Nature 12. That Indifference of Commerce is of the law of nature 13. That Messengers imployed to procure or maintaine Peace ought to be safe by the Law of Nature IT is a common saying that nature maketh nothing in vain And it is most certaine 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 then the Force of the Reasons inducing thereunto Therefore the Law of Nature mentioned in the former Chapter Sect. 2. namely That every man should devest himself of the Right c. were utterly vaine 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 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 Iniury consisting in some Action or Omission which is therefore called Uniust For it is Action or Omission without Jus or right which was transferred or relinquish before There is a great Similitude between that we call Iniury or Iniustice 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 which is driven to contradict an Assertion by Him before maintained is sayd to be reduced to an Absurdity so he that through passion doth or omitteth that which before by Covenant he promised to doe or not to omit is sayd to commit Injustice And there is in every breach of Covenant a

De Corpore Politico OR THE ELEMENTS OF LAW Moral Politick WITH Discourses upon severall Heads as Of The Law of Nature Oathes and Covenants Several kinds of Government With the Changes and Revolutions of them By Tho. Hobbs of Malmsbury LONDON Printed by T. R. for J. Ridley and are to be sold at the Castle in Fleetstreet by Ram-Alley 1652. To The Reader Reader YOu may be pleased to take notice That the first Part of the Work depends upon a former Treatise of Humane Nature written by Mr. Hobbs and by a Friend of his committed to the Press for the benefit of Mankind It was thought fit that nothing of so worthy an Author should be left unprinted especially considering that this Piece is most usefull for the Society of reasona●le Creatures being the Grounds and Principles of Policy without which there would be nothing but Confusion in the World I am confident if mens Minds were but truly fixt upon the Center of this Discourse they would not prove such Weather-cocks to be turned about with the wind of every false Doctrine and vain Opinion VVe should then be free from those Disorders which threaten distraction to the Soul and Destruction to the Common VVealth But let others write never so well if our practise doe not second their instructions we may bee wise enough to foresee our misery but never know how to prevent it What pitty is it that such rare Conclusions as these are should produce no other effect but to informe our Knowledg and confute our Conversation whilest we neglect the Truth that is apprehended Yet there is some hope that such Observers whose VVisdome hath received the stamp of Goodnesse will improve their skill to a reall Advancement of those benefits which lye horded up in this curious Cabinet To whose use and behoof these excellent notions are commended as the best that ever were writ in this kind and may serve for a generall Ground and Foundation to all regular Conceptions that concern the Essence and Existence of Man the Government of Kingdoms and Common-VVealths and by consequence our eternall Salvation De Corpore Politico CHAP. I. 1.2 Men by Nature Equall 3. By vain glory indisposed to allow equality with themselves to others 4. Apt to provoke another by Comparisons 5. Apt to incroach one upon another 6. Right defined 7. Right to the End implyeth right to the Means 8 Every Man his own Judge by Nature 9. Every Mans strength and knowledge for his owne Use 10. Every Man by nature hath right to all things 11. Warr and Peace defined 12. Men by noture in the state of Warr 13. In Manifest Inequality Might is Right 14. Reason dictateth Peace IN a former Treatise of Humane nature already printed hath beene set forth the whole nature of Man consisting in the Powers naturall of his Body and Mind and may all be comprehended in these four Strength of Body Experinece Reason and Passion 2. In this it will be expedient to consider in what estate of security this our Nature hath placed us and what probability it hath left us of continuing and preserving our selves against the violence of one another And first if we consider how little Odds there is of Strength or knowledge between Men of Mature Age and with how great facility he that is the weaker in strength or in Wit or in both may utterly destroy the Power of the stronger since there needeth but little force to the taking away of a Mans life we may conclude that men considered in meer Nature ought to admit amongst themselves Equality and that he that claimeth no more may be esteemed Moderate 3. On the other side considering the great difference there is in Men from the Diversity of their Passions how some are vainly glorious and hope for precedency and superiority above their fellows not only when they are equall in power but also when they are Inferiour we must needs acknowledge that it must necessarily follow that those men who are moderate and look for no more but Equality of nature shall be obnoxious to the Force of others that will attempt to subdue them And from hence shall proceed a generall diffidence in mankind and mutuall fear one of another 4. Farther since Men by natural passion are divers wayes offensive one to another every man thinking well of himself and hating to see the same in others they must needs provoke one another by Words and other signes of contempt and hatred which are incident to all comparison till at last they must determine the preheminence by Strength and force of Body 5. Moreover considering that many mens Appetites carry them to one and the same end which end sometimes can neither be enjoyed in common nor divided it followeth that the stronger must enjoy it alone and that it be decided by Battell who is the stronger And thus the Greatest part of Men upon no assurance of Odds do neverthelesse through Vanity or Comparison or Appetite provoke the Rest that otherwise would be contented with Equality 6. And forasmuch as necessity of nature maketh men to will and desire Bonum sibi that which is good for themselves and to avoid that which is hurtfull but most of all the terrible enemy of Nature Death from whom we expect both the losse of all Power and also the greatest of bodily paines in the losing It is not against Reason that a man doth all he can to preserve his owne body and limbs both from Death and Paine And that which is not against reason men call Right or Jus or Blame●esse liberty of using our own naturall Power and Ability It is therefore ● right of nature That every man may preserve his owne life and limbs with all the Power he hath 7. And because where a man hath right to the End and the end cannot be attained without the Meanes that is without such things as are necessary to the End it is consequent that it is not against Reason and therefore right for a man to use all meanes and doe whatsoever action is necessary for the preservation of his Body 8. Also every man by right of Nature is Judge himself of the necessity of the means and of the greatnesse of the Danger For if it be against reason that I be Judge of mine owne danger my Self then it is reason that another Man be Judge thereof But the same Reason that maketh another man Judge of those Things that concern me maketh me also Judge of that that concerneth him And therefore I have reason to Judge of his sentence whether it be for my benefit or not 9. As a mans Judgment in right of nature is to be imployed for his own benefit so also the Strength Knowledg and Art of every man is then rightly imployed when he useth it for himselfe else must not a man have right to preserve himselfe 10. Every man by Nature hath right to all Things that is to say to do whatsoever he listeth to whom

himselfe to no greater then Humane Authoritie Nor can a man bee said to submit himselfe to Holy Scripture that doth not submit himselfe to some or other for the Interpretation thereof Or why should there bee any Church Government at all instituted if the Scripture it selfe could doe the Office of a Judge in Controversies of Faith But the Truth is apparent by continuall Experience that men seeke not onely Liberty of Conscience but of their Actions nor that onely but a farther Liberty of perswading others to their Opinions nor that onely for every man desireth that the Soveraign Authoritie should admit no other Opinions to bee maintained but such as hee himselfe holdeth 14. The difficulty therefore of obeying both God and Man in a Christian Common Wealth is none All the difficulty resteth in this Point Whether hee that hath received the Faith of Christ having before subiected himselfe to the Authoritie of an Infidell bee discharged of his Obedience thereby or not in matters of Religion In which case it seemeth reasonable to thinke that since all Covenants of Obedience are entred into for the preservation preservation of a mans life if a man be content without Resistance to lay down his life rather then obey the commands of an Infidel in so hard a Case he hath sufficiently discharged himself thereof For no Covenant bindeth farther then to endeavour and if a man cannot assure himself to perform a iust Duty when thereby he is assured of present Death much less it can be expected that a man should perform that for which he believeth in his heart he shall be damned eternally And thus much concerning the Scruple of Conscience that may arise concerning Obedience to Humane Lawes in them that interpret the Law of God to themselves It remaineth to remove the same scruple from them that submit their controversies to others not ordained thereunto by the Soveraign Authority And this I refer to the Chapter following CHAP. VII 1. The Questions propounded who are the Magistrates in the Kingdome of Christ 2. The Questions exemplified in the Controversies between Moses and Aaron and between Moses and Corah 3. Amongst the Jews the Power Temporal and Spiritual in the same Hand 4. Parallel of the Twelve Princes of Israel and the twelve Apostles 5. Parallel of Seventy Elders and Seventy Disciples 6. The Hierarchy of the Church in our Saviours time consisted in the Twelve and in the Seventy 7. Why Christ ordained not Priests for Sacrifices as Moses did 8. The Hierarchy of the Church in the Apostles time Apostles Bishops and Priests 9. The Preaching of the Gospel was not commanding but perswading 10. Excommunication Soveraignes immediate Rulers Ecclesiasticall under Christ 11. That no man hath any just Pretence of Religion against Obedience to Common-VVealth God speaketh to Man by his Vicegerents IN the former Chapter have been removed those difficulties opposing our Obedience to Humane Authority which arise from misunderstanding of our Saviours Title and Lawes in the former whereof namely his Title consisteth our Faith and in the latter our Justice Now they who differ not amongst themselves concerning his Title and Lawes may neverthelesse have different opinions concerning his Magistrates and the Au●hority he hath given them And this is the cause why many Christians have denyed Obedience to their Princes pretending that our Saviour Christ hath not given this Magistracy to them but to others As for example some say to the Pope universally some to a Synod Aristocratical Some to a Synod Democraticall in every several Common VVealth and the Magistrates of Christ being they by whom he speaketh the Question is Whether he ●peak unto us by the Pope or by Convocations of Bishops and Ministers or by Them that have the Soveraign Power in every Common-Wealth 2. This Controversie was the cause of those two Mutinies that happened against Moses in the Wilderness The first by Aaron and his Sister Miriam who took upon them to censure Moses for marrying an Ethiopian woman And the state of the Question between them and Moses they set forth Numb. 12.2 in these words VVhat hath the Lord spoken but only by Moses hath be not spoken also by us and the Lord heard this c. and punished the same in Miriam forgiving Aaron upon his Repentance And this is the case of all them that set up the Priest-hood against the Soveraignty The other was of Corah Dathan and Abiram who with two hundred and fifty Captains gathered themselves together against Moses and against Aaron The state of their Controversie was this Whether God were not with the Multitude as well as with Moses and every man as holy as he For Numb. 16.3 thus they say You take too much upon you seeing all the Congregation is holy every one of them and the Lord is amongst them wherefore then lift ye your selves above the Congregation of the Lord And this is the case of them that set up their private Consciences and unite themselves to take the Government of Religion out of the hands of Him or Them that have the Soveraign Power of the Common Wealth which how well it pleaseth God may appear by the hideous punishment of Corah and his Complices 3. In the Government therefore of Moses there was no power neither Civil nor Spiritual that was not derived from him Nor in the State of Israel under Kings was there any Earthly Power by which those Kings were compellable to any thing or any Subiect allowed to resist them in any case whatsoever For though the Prophets by extraordinary calling did often admonish and threaten them yet they had no Authority over them And therefore amongst the Jews the power Spirituall and Temporall was alwayes in the same Hand 4. Our Saviour Christ as he was the rightful King of the Jewes in particular as well as King of the Kingdome of Heaven in the ordaining of Magistrates received that form of Policy which was used by Moses According to the number of the Children of Jacob Moses tooke unto him by the appointment of God Numb. 1.4 twelve men every one of the chief of their Tribe which were to assist him in the Muster of Israel And these twelve vers. 24. are called the Princes of Israel Twelve men every one for the house of their Fathers which are said also Numb. 7.2 To be heads over the Houses ●f their Fathers and Princes of the Tribes and ●ver them that were numbred And these were every one equall amongst themselves In like manner our Saviour tooke unto him Twelve Apostles to be next unto him in Authority of whom he saith Matth. 19.28 When the Son of Man shall sit in the Throne of his Maiesty ye shall follow me in the Regeneration shall sit also upon Twelve Thrones and iudge the Twelve Tribes of Israel And concerning the equality of the Twelve Apostles amongst themselves our Saviour saith Matth. 20.25 Ye know that the Lords of the Gentiles have Domination over them c. vers. 26. But