ant
transferreth any right; nor is obliging. For though a man may Covenant
thus, "Unlesse I do so, or so, kill me;" he cannot Covenant thus "Unless
I do so, or so, I will not resist you, when you come to kill me." For
man by nature chooseth the lesser evill, which is danger of death in
resisting; rather than the greater, which is certain and present death
in not resisting. And this is granted to be true by all men, in
that they lead Criminals to Execution, and Prison, with armed men,
notwithstanding that such Criminals have consented to the Law, by which
they are condemned.
No Man Obliged To Accuse Himselfe
A Covenant to accuse ones Selfe, without assurance of pardon, is
likewise invalide. For in the condition of Nature, where every man is
Judge, there is no place for Accusation: and in the Civill State, the
Accusation is followed with Punishment; which being Force, a man is
not obliged not to resist. The same is also true, of the Accusation of
those, by whose Condemnation a man falls into misery; as of a Father,
Wife, or Benefactor. For the Testimony of such an Accuser, if it be not
willingly given, is praesumed to be corrupted by Nature; and therefore
not to be received: and where a mans Testimony is not to be credited,
his not bound to give it. Also Accusations upon Torture, are not to
be reputed as Testimonies. For Torture is to be used but as means of
conjecture, and light, in the further examination, and search of truth;
and what is in that case confessed, tendeth to the ease of him that is
Tortured; not to the informing of the Torturers: and therefore ought
not to have the credit of a sufficient Testimony: for whether he deliver
himselfe by true, or false Accusation, he does it by the Right of
preserving his own life.
The End Of An Oath; The Forme Of As Oath
The force of Words, being (as I have formerly noted) too weak to hold
men to the performance of their Covenants; there are in mans nature, but
two imaginable helps to strengthen it. And those are either a Feare
of the consequence of breaking their word; or a Glory, or Pride in
appearing not to need to breake it. This later is a Generosity too
rarely found to be presumed on, especially in the pursuers of Wealth,
Command, or sensuall Pleasure; which are the greatest part of Mankind.
The Passion to be reckoned upon, is Fear; whereof there be two very
generall Objects: one, the Power of Spirits Invisible; the other, the
Power of those men the
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