Of the causes, and first begining of civill Government I. It is of it selfe manifest, that the actions of men proceed from the will, and the will from hope, and feare, insomuch as when they shall see a greater good, or lesse evill, likely to happen to them by the breach, then observation of the Lawes, they'l wittingly violate them. The hope therefore which each man hath of his security, and self-preservation, consists in this, that by force or craft he may disappoint his neighbour, either openly, or by stratagem. Whence we may understand, that the naturall lawes, though well understood, doe not instantly secure any man in their practise, and consequently, that as long as there is no caution had from the invasion of others, there remains to every man that same primitive Right of selfe-defence, by such means as either he can or will make use of (that is) a Right to all things, or the Right of warre; and it is sufficient for the fulfiling of the naturall law, that a man be prepared in mind to embrace Peace when it may be had.
II. It is an old saying, That all lawes are silent in the time of warre, and it is a true one, not onely if we speak of the civill, but also of the naturall lawes, provided they be referr'd not to the mind, but to the actions of men, by the third Chapter, Art. 29. And we mean such a war as is of all men against all men; such as is the meer state of nature; although in the warre of nation against nation a certain mean was wont to be observed. And therefore in old time there was a manner of living, and as it were a certain oeconomy, which they called leotrikon, living by Rapine, which was neither against the law of nature, (things then so standing) nor voyd of glory to those who exercised it with valour, not with cruelty. Their custome was, taking away the rest, to spare life, and abstain from Oxen fit for plough, and every instrument serviceable to husbandry, which yet is not so to be taken, as if they were bound to doe thus by the law of nature, but that they had regard to their own glory herein, lest by too much cruelty, they might be suspected guilty of feare.