liberty-第6节
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a matter so scornfully to be lookt upon； as if so be there had not been a power and will left in one to have done otherwise； for every man is desirous of what is good for him； and shuns what is evill； but chiefly the chiefest of naturall evills； which is Death； and this he doth； by a certain impulsion of nature； no lesse then that whereby a Stone moves downward： It is therefore neither absurd； nor reprehensible； neither against the dictates of true reason for a man to use all his endeavours to preserve and defend his Body； and the Members thereof from death and sorrowes； but that which is not contrary to right reason； that all men account to be done justly； and with right； Neither by the word Right is any thing else signified； then that liberty which every man hath to make use of his naturall faculties according to right reason： Therefore the first foundation of naturall Right is this； That every man as much as in him lies endeavour to protect his life and members。 VIII。 But because it is in vaine for a man to have a Right to the end； if the Right to the necessary meanes be deny'd him； it followes； that since every man hath a Right to preserve himself； he must also be allowed a Right to use all the means； and do all the actions； without wHich He cannot Preserve himself IX。 Now whether the means which he is about to use； and the action he is performing； be necessary to the preservation of his Life； and Members； or not； he Himself； by the right of nature； must be judg； for say another man； judg that it is contrary to right reason that I should judg of mine own perill： why now； because he judgeth of what concerns me； by the same reason； because we are equall by nature； will I judge also of things which doe belong to him； therefore it agrees with right reason （that is） it is the right of nature that I judge of his opinion； （i。e。） whether it conduce to my preservation； or not。 X。 Nature hath given to every one a right to all。 That is it was lawfull for every man in the bare state of nature； or before such time as men had engag'd themselves by any Covenants； or Bonds； to doe what hee would； and against whom he thought fit； and to possesse； use； and enjoy all what he would； or could get。 Now because whatsoever a man would； it therefore seems good to him because he wills it； and either it really doth； or at least seems to him to contribute toward his preservation； （but we have already allowed him to be judge in the foregoing Article whether it doth or not； in so much as we are to hold all for necessary whatsoever he shall esteeme so） and by the 7。 Article it appeares that by the right of Nature those things may be done； and must be had； which necessarily conduce to the protection of life； and members； it followes； that in the state of nature； To have all； and do all is lawfull for all。 And this is that which is meant by that common saying； Nature hath given all to all； from whence we understand likewise； that in the state of nature； Profit is the measure of Right。 In the meere state of Nature＇ This is thus to be understood： What any man does in the bare state of Nature is injurious to no man； not that in such a State he cannot offend God； or break the Lawes of Nature； for Injustice against men presupposeth Humane Lawes； such； as in the State of Nature there are none： Now the truth of this proposition thus conceived is sufficiently demonstrated to the mindfull Reader in the Articles immediately foregoing； but because in certaine cases the difficulty of the conclusion makes us forget the premises； I will contract this Argument； and make it most evident to a single view； every man hath right to protect himself； as appears by the seventh Article。 The same man therefore hath a right to use all the means which necessarily conduce to this end by the eight Article： But those are the necessary means which he shall judge to be such by the ninth Article。 He therefore hath a right to make use； of and to doe all whatsoever he shall judge requisite for his preservation： wherefore by the judgement of him that doth it； the thing done is either right； or wrong； and therefore right。 True it is therefore in the bare State of Nature； &c but if any man pretend somewhat to tend necessarily to his preservation； which yet he himself doth not confidently believe so； he may offend against the Lawes of Nature； as in the third Chapter of this Book is more at large declar'd。 It hath been objected by some： If a Sonne kill his Father； doth he him no injury？ I have answered； That a Sonne cannot be understood to be at any time in the State of Nature； as being under the Power and command of them to whom he ownes his protection as soon as ever he is born； namely either his Fathers； or his Mothers； or his that nourisht him； as is demonstrated in the ninth Chapter。 XI。 But it was the least benefit for men thus to have a common Right to all things； for the effects of this Right are the same； almost； as if there had been no Right at all； for although any man might say of every thing； This is mine； yet could he not enjoy it； by reason of his Neighbour； who having equall Right； and equall power； would pretend the same thing to be his。 XII。 If now to this naturall proclivity of men； to hurt each other； which they derive from their Passions； but chiefly from a vain esteeme of themselves： You adde； the right of all to all； wherewith one by right invades； the other by right resists； and whence arise perpetuall jealousies and suspicions on all hands； and how hard a thing it is to provide against an enemy invading us； with an intention to oppresse； and ruine； though he come with a small Number； and no great Provision；。 it cannot be deny'd but that the naturall state of men； before they entr'd into Society； was a meer War； and that not simply； but a War of all men； against all men； for what is WAR； but that same time in which the will of contesting by force； is fully declar'd either by Words； or Deeds？ The time remaining； is termed PEACE。 XIII。 But it is easily judg'd how disagreeable a thing to the preservation either of Man…kind； or of each single Man； a perpetuall War is： But it is perpetuall in its own nature； because in regard of the equality of those that strive； it cannot be ended by Victory； for in this state the Conquerour is subject to so much danger； as it were to be accounted a Miracle； if any； even the most strong should close up his life with many years； and old age。 They of America are Examples hereof； even in this present Age： Other Nations have been in former Ages； which now indeed are become Civill； and Flourishing； but were then few； fierce； short…lived； poor； nasty； and destroy'd of all that Pleasure； and Beauty of life； which Peace and Society are wont to bring with them。 Whosoever therefore holds； that it had been best to have continued in that state in which all things were lawfull for all men； he contradicts himself； for every man； by naturall necessity desires that which is good for him： nor is there any that esteemes a war of all against all； which necessarily adheres to such a State； to be good for him。 And so it happens that through feare of each other we think it fit to rid our selves of this condition； and to get some fellowes； that if there needs must be war； it may not yet be against all men； nor without some helps。 XIV。 Fellowes are gotten either by constraint； or by consent； By Constraint； when after fight the Conqueror makes the conquered serve him either through feare of death； or by laying fetters on him： By consent； when men enter into society to helpe each other； both parties consenting without any constraint。 But the Conqueror may by right compell the Conquered； or the strongest the weaker； （as a man in health may one that is sick； or he that is of riper yeares a childe） unlesse he will choose to die； to give caution of his future obedience。 For since the right of protecting our selves according to our owne wills proceeded from our danger； and our danger from our equality； its more consonant to reason； and more certaine for our conservation； using the present advantage to secure our selves by taking caution； then； when they shall be full growne and strong； and got out of our power； to endeavour to recover that power againe by doubtfull fight。 And on the other side； nothing can be thought more absurd； then by discharging whom you already have weak in your power； to make him at once both an enemy； and a strong one。 From whence we may understand likewise as a Corollarie in the naturall state of men； That a sure and irresistible Power confers the right of Dominion； and ruling over those who cannot resist； insomuch； as the right of all things； that can be done； adheres essentially； and immediately unto this omnipotence hence arising。 XV。 Yet cannot men expect any lasting preservation continuing thus in the state of nature （i。e。） of War； by reason of that equality of power； and other humane faculties they are endued withall。 Wherefore to seek Peace； where there is any hopes of obtaining it； and where there is none； to enquire out for Auxiliaries of War； is the dictate of right Reason； that is； the Law of Nature； as shall be shewed in the next Chapter。
Chap。 II。
Of the Law of Nature concerning Contracts。
I。 All
