such as ordinary Men are capable of in the Affairs of Life See Book 3. ch 3 4. Distribution of Duties some of 'em being call'd Middle or Ordinary and others Perfect or Compleat To the latter I think we may give the name of Right or Strait which sort by the Greeks is call'd 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as the former ordinary one 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 By that which we have call'd Right or Strait as they explain it is meant a Virtue That is wholly Compleat in all its Parts without any manner of Flaw or Imperfection and by that which we have call'd Ordinary such a one as A fair and reasonable Account may be given for the doing of it d I have enlarg'd a little upon our Author here to make his Sence more plain Now these fair and reasonable Accounts are all to be drawn from several Heads which are by Panaetius reduc'd to three and may be call'd general Heads of Deliberating or Doubting concerning any Action whether it should or should not be done The first is when 't is consulted or doubted Whether the Action that 's under Consideration be Honest or Dishonest in which Enquiry Men are often divided between several Opinions The second is when 't is enquired and consulted Whether the Action that 's under Deliberation will supply us with the Pleasures and Conveniencies of Life furnish us with Plenty of outward things such as Riches Honors Power c. which may put us into a capacity of doing good to our selves and to all those for whom we are more nearly concern'd all which Enquiry comes under the general Head of e He comprehends then under the Notion of Profit not only Riches and Honors but all the other Conveniencies and Pleasures of Life such as Health Strength bodily Pleasures c. And an Action that will supply us with any of these is what he calls by the name of a profitable one Profit The third Ground or Reason of Doubting is When that thing which f He says seems to be because however it may supply us with the Conveniencies of Life yet 't is not really but only seems to be profitable if it thwart Honesty For Honesty being the greatest if not only Good as he before laid down whatever takes away our Honesty must needs be unprofitable for us tho' it should supply us with all the Pleasures and Glories of the World as he shews at large in the third Book seems to be profitable for us comes into competition with that which is Honest For then our Interest drawing us one way and Honesty pulling us back another the wavering Mind is as 't were toru in sunder between the two and is rack'd with doubting and anxious Thoughts There 's no greater fault in any Division than not to take in all the several parts of the Matter to be divided and yet two are omitted in the now mention'd one of Panaetius For Men not only consult and deliberate whether such an Action be Honest or Dishonest but also Of two Honests that are both propos'd to 'em which is the most so and in like manner Of two Profitables which is the most profitable From whence it appears That what he thought was contain'd in three ought rather to be divided into five Heads g Having thus laid down his five Heads of Deliberation he tells you in what Method he designs to discourse of ' em In the first Book he 'll handle the two about Honesty First Whether an Action be Honest or Dishonest to ch 43. Secondly Of two that are both Honest which is the most so to the end In the second Book he treats of Profitable enquiring First Whether an Action be Profitable or not to ch 25. Secondly Of two that are both Profitable which is the most so to the end The whole Subject of the third Book is the fifth Head When a seeming Profit interferes with Honesty how a Man should do to know what is his Duty I have added something to the Text here to make the Method more plain We must then in the first place discourse about Honesty and this we shall do under these two Enquiries Whether the thing propos'd be Honest or Dishonest And Of two that are Honest which is the most so which will make up the Subject of our First Book We shall treat in our Second of Profit or Interest under the same Heads And lastly in our Third we shall endeavour to shew When a seeming Advantage and Honesty come into competition how a good Man should determin his Judgment CHAP. IV. The Excellence of the Nature of Man above that of Brutes How the several Virtues Prudence Justice c. are agreeable to its Dictates and result from ' em Wherein Honestum in general consists a His Design he has told us is to treat of the Means for attaining Man's Happiness Now the Happiness of any thing is the highest Perfection of its Nature which consists in acting most agreeably to its Dictates as that 's a perfect Horse or Dog which does those things best which are most according to the Natures of those Animals The Duties therefore of which he is to treat since their Design is to bring Men to Happiness must needs be such as are perfective of and consequently such as are agreeable to the Nature of Man And to shew that they are so and how they are deduc'd and deriv'd from it 't was necessary for him in the first place to shew wherein the Nature of Man consists and how it differs from that of other Creatures which is therefore the Design of this Chapter See his de Fin. Book 2. ch 14. and Book 5. ch 9 10 c. THe first thing then to be taken notice of is this That every Creature doth by Nature endeavour to preserve its own self its Life and Body and to shun and avoid those things which appear prejudicial and hurtful to it but to seek and procure whatever is necessary for the support of its Being and advancement of its Happiness such as Food Shelter and the like There is likewise common to all sorts of Animals a Desire of Copulation for the continuance and propagation of their several Species together with a Love and Concern for their young Ones Now there 's this special Difference between Men and Brutes that the latter are govern'd by nothing but their Sences never look any farther than just to what strikes and affects 'em at present and have a very little if any Concern for what is past or to come But the former are Creatures endow'd with Reason which gives 'em a power to carry their Thoughts to the Consequences of Things to discover Causes before they have yet produc'd their Effects to see the whole Progress and even the first Seeds as it were and Appearances of 'em to compare like Occurrences with like and by joyning what is past and what is to come together to make a just Estimate of the one from
Standard of Justice and Equity Here 's one Man shall dwell in what belongs to another What Reason is there I beseech you for this that when I have bought built repair'd and laid out a great deal of Money another should come and injoy all the Fruits of it in spite of my Teeth Is not this plainly to take away from one that which justly belongs to him and give to another what he has nothing of Right to As for the Project of Forgiving Debts I can see no Reason in the World for it unless it be Reason that another should buy Land with my Money and that he should have the Land but I never have my Money CHAP. XXIV Care should be taken to prevent Peoples running too much into Debt Faith the Cement of Publick Society Cicero 's Conduct in his Consulship about the matter of Debts The Duties of a good Magistrate How one's Health and Estate are to be taken care of a Since the Design of making Creditors Forgive all Debts is so very pernicious c. 't is one great Business of a good Governour to prevent Peoples running too much into Debt which may be done several Ways CAre ought therefore to be taken before-hand which 't is easie to do by a great many ways to keep People from running so much into Debt as may bring any Damage or Inconvenience to the Publick and not when they are in to make the Creditors lose what 's their own and let the Debtors gain what in Justice is another's For nothing so cements and holds together in Union all the parts of a Society as Faith or Credit which can never be kept up unless Men are under some force and necessity of honestly Paying what they owe to one another This Design of having Debtors excus'd from Payment b In the Conspiracy of Catiline See chap. 22. Book 1. was never attempted with greater eagerness than whilst I was Consul Men of all Ranks and Degrees in the State took up Arms and form'd Camps for the bringing it about whose Endeavours I resisted with so much vigour as that the Republick was quickly deliver'd from so pernicious an Evil. There never were known greater Debts in the City nor ever more easily and faithfully paid and pray what was the Reason of all this Why because when their Hopes of Defrauding were cut off they found ' emselves under a Necessity of Payment 'T is true there is c He means Caesar who being over head and ears in Debt was suspected in Catiline's time to favour his wicked Designs under-hand and so may be said to have been conquer'd by Cicero when he ruin'd Catiline one who has since been a Conquerer tho' then he was conquer'd by my Vigilance that has d He made the Creditors lose not all but only a fourth part of their Due found out Means to effect these Designs at a time when they 'd bring him e Because he was then got free from Debt by other Ways and so had no occasion to make use of this upon his own Account no manner of Advantage but such an Inclination had that Man to Villany that the bare Doing of it was a Pleasure to him without any other Invitation in the World The Sum then of what has been said is this That such as design for the good of the Republick must be sure to avoid this sort of Liberality which takes away from one what it gives to another and must constantly make it their principal Care to uphold each Member in his proper Rights according to the Principles of Justice and Equity so as neither to suffer the poorer sort of People to be wrong'd or oppress'd by reason of their Poverty nor the richer to be hindred from keeping or demanding what 's justly their own by the Envy of the others and in fine must apply their most earnest Endeavours whether in War or Peace to encrease the Power and enlarge the Bounds and Revenues of the Republick These are the Duties and Exercises of great Men These are the things which were practic'd by our Ancestors and whoever goes on to perform the same will not only bring great Advantage to the Republick but gain a mighty Interest and Reputation to himself f He has now done with his first Head propos'd in this Book viz. Whether an Action be profitable or not In which after having shewn That Men are able to bring the most Profit to us he gives some Directions about how we should engage Men to be of our side and so do us all the Service that lies in their Power He should now proceed to the second Head propos'd to be the Subject of this Book but because Antipater thought the former not perfect because two material things were omitted in it viz. The Care of our Health and Estate he therefore before he leaves this Head adds a word or two about each of these In these Rules of Duty relating to things profitable g There were two or three Stoicks of that Name The one of Tarsus call'd Tarsensis Scholar to Diogenes Babylonius and Master of Panaetius He is mention'd ch 12. of the next Book Another about the same time or as others think the same Man by another name call'd Sidonius a familiar Acquaintance of L. Crassus an Historian and Poet famous for making Hexameter Verses extempore See Cic. and Quintil. of whom we have several Epigrams still extant in the Greek Anthologia He 's said to have had a Fever every Year on his Birth-day of which at last he dy'd The third a Tyrian here mention'd an Acquaintance of Cicero's and particularly familiar with Cato Uticensis whom he Instructed in Morality and Politicks Antipater the Tyrian a Stoick Philosopher who lately dy'd at Athens thinks that two things have been omitted by Panaetius First The care of getting or preserving one's Health And Secondly Of an Estate I believe that great Philosopher might omit 'em on purpose because they are so easie and obvious to every one however 't is certain they are both of 'em profitable h How the Health of the Body is to be maintain'd Now Health is preserv'd by considering the peculiar Temper of one's Body and observing what agrees or does not agree with it by Temperance and Moderation in Meats and Drinks and other things relating to the welfare of the Body by forbearance and abstinence as to the matter of Pleasures and lastly by the Skill of Physicians and the like i How an Estate should be gotten kept c. An Estate should be gotten by nothing that 's any ways Scandalous or Dishonest preserv'd by Diligence and prudent Management and lastly by the same means better'd and augmented But this whole Subject is excellently handled by k A famous Athenian Son of one Gryllus and Scholar of Socrates a valiant and wise Captain as well as an eminent Philosopher and Historian His Works are most of 'em extant to this day the native Simplicity
beyond all Question But whether he was mistaken in his Judgment or not when he laid down this Head as the third of deliberating for the finding out our Duty may perhaps be disputed b The Reasons why Panaetius should not have brought in this Enquiry First Honesty is the only or at least much the greatest Good therefore Profit should not be made to oppose it nothing being comparable to the greatest Good For whether according to the Opinion of the Stoicks we take Virtue or Honesty to be the only Good or according to that of your Peripateticks acknowledge it so to be the chiefest Good as that all things else are just nothing against it 't is certain upon either of these Suppositions That Profit can't be put in the Ballance against Honesty We are therefore told That Socrates us'd even to curse those People who disjoyn'd these things in Thought and Conception which are one and the same in Nature and Reality And c Secondly The Stoicks of whom Panaetius was one hold that Profit and Honesty are really the same thing therefore he should not have brought in this Head wherein they are set in opposition to each other the Stoicks are so far of his Opinion as constantly to maintain That whatever is Honest must be also Profitable and whatever is Profitable must be also Honest. 'T is true had Panaetius been one of those who assert that Virtue is therefore only desirable because it brings something of Profit along with it like d Epicurus and his Disciples and also Hieronymus Rhodius whom our Author often mentions in his Works He liv'd about the 440th Year of Rome and had been Scholar to Aristotle some who think nothing any further worth a-seeking for than as it begets Pleasure or Exemption from Pain we could then have allow'd him the liberty of saying That Profit is sometimes repugnant to Honesty But seeing he was one of e Viz. That of the Stoicks a different Sect and thinks nothing to be Good except that which is Honest and avows that whatever is contrary to Honesty and appears to us under the Notion of Profit can neither if we have it make Life ever the better nor if we have it not ever the worse he should not methinks have brought in such a Deliberation wherein that which seems Profitable comes into Competition with that which is Honest. For that which f Thirdly The Stoicks make the whole Happiness of Man to consist in Living conformably to the Rules of Honesty therefore Profit should never have been brought in in opposition to it the Stoicks call their Sovereign Good to live in Conformity with the Dictates of Nature means I suppose no more than this That we should always live agreeably to the Rules of Virtue and should use other things which are suited and adapted to our natural Inclinations no further than Virtue permits and allows ' em Now this being so there are several of opinion That this general Head wherein Profit and Honesty are compar'd with one another was improperly brought in and that there ought not to have been given any Rules or Directions upon this Subject g To what has been objected it might have been reply'd That there 's a double sort of Honesty the one Perfect and belonging to none but a perfectly Wise Man the other Middle and which ordinary Men are capable of That Profit ought never to be oppos'd to the former but perhaps to the latter imperfectene it might Here he gives a large account of this Division of Honesty See chap. 3. Book 1. and shews that the Second or Middle sort of Honesty ought no more to be parted with for the sake of any Profit than the first or consummate one Now your Perfect Honesty which is truly and properly call'd by that Name is only to be found in your perfectly Wise Men and can never be possibly separated from Virtue But those Men who have not this Perfect Wisdom must by no means pretend to such a Perfect Honesty tho' they may have some Shadows and Resemblances of it For all those Duties of which we are treating in these Books have the name of Middle ones given 'em by the Stoicks which are common indifferently to all Men in general and are not confin'd to any particular number of them But several get 'em either by the peculiar Happiness of their Natures or by a constant progress in Study and Learning Whereas those others which they call Right ones are perfect and consummate or as they ' emselves express it have all their Numbers which none can attain to but the perfectly Wise. 'T is true that the Vulgar as soon as they see any Action of such a nature as indeed is no more than a Middle kind of Duty are immediately thinking it a Perfect and Compleat one h Men judge of the Perfection or Imperfection of any thing according as it comes up to or falls short of their Idea's He whose Idea is short and imperfect will think a very mean piece of Work to be excellent because he has no Notion of any thing that is more so But an Artist will judge it as it really is ordinary because his Conceptions are more refin'd and exquisite This is the Reason why the Vulgar imagin the imperfect Virtues to be Perfect and Compleat because they fully answer their Idea of Perfection which is but an half and inadequate one It ought to be read here propterea quod in the Latin and not proptereaque as Graevius has it For the common sort of People can't tell what is Perfect and by consequence don't know how much any Virtue or Excellency comes short of it but finding it answer the highest of their Conceptions they imagin it wants nothing of being as perfect as can be Just as it happens in judging of Poems or Pieces of Painting and other such like those who aren't Judges are generally pleas'd with and praise those things which by no means deserve any Praise or Commendation Because I suppose there may be something that 's Good in 'em which serves well enough to take with those that are ignorant and who han't so much skill as to be able to discover their several Imperfections Therefore when they are instructed by those who understand it they are brought with no great difficulty to forsake their Opinions CHAP. IV. The greatest Men that have been in the World were not perfectly Wise. Profit ought not to be compar'd with the Middle any more than with the Perfect Honesty How Men come to compare 'em together or to doubt upon this Subject This illustrated by an Example One certain Rule necessary for our Guidance in this case The Doctrin of the Stoicks preferable to that of the Peripateticks THose Duties therefore which make up the Subject of this Enquiry by the Stoicks are counted a kind of second-rate Honesty which is not confin'd to their Wise Men only but is common and open to all Mankind and therefore
tho' he were sure to keep it secret from the Eyes of all Men and even the Gods themselves that is contrary to the Duties of Prudence and Justice of Fortitude and Moderation In a word Here are Rules for the Government of our Lives in relation to God our Neighbours and Ourselves such as are deservedly admired in a Heathen and might have well become even a Christian Writer He tells us That to procure the Favour of the Former we must live a religious and holy Life That as to the Second there 's an Alliance or Society between all Mankind whereby each Particular is oblig'd to do his best toward promoting the Happiness and Welfare of the whole Body and rather to die than do another any Injury That as to Ourselves we should always consider the Dignity and Excellence of our Reasonable Nature and take care that we never be guilty of any Action that may any wise stain or unbecome its Honour This as he goes on will quickly teach us how base a thing it is to dissolve in Luxury Softness c. Thus have I endeavour'd to present the Reader with a general View of this incomparable Treatise should I proceed to tell him That some of the most eminent Writers in the World have ow'd great part of their Credit to it That the Sandersons Grotiuses Pufendorfs c. are particularly oblig'd to it for their Skill in determining Moral Cases perhaps he might think me rather zealous than impartial in my Account of it Tho' I can assure him 't is no more than what is strictly true The first of those great Persons as the Writer of his Life tells us had it all by heart and how much Use the two latter have made of it I leave those to judge who have been conversant with their Writings But the Book can much better recommend it self by its own true Value than I can do by any thing I am able to say of it thither therefore I shall refer the Reader for his further Satisfaction after I have told him in a few words what has been attempted in this new Translation I have endeavour'd to express what I conceiv'd to be the Sence and Meaning of the Author in as full and comprehensive words as I was able attending all along to the principal Scope and Design of his Discourse rather than to the particular Words and Expressions I have taken care however to let none of his Words escape without giving the Sence of 'em in our own Language So far from that that I rather expect to be condemn'd on the other hand for explaining some of 'em a great deal too much and spending a Line perhaps or more in that which the Author express'd in but one single Word But whoever considers the Nature of the Latin Tongue and our Author's Way of Writing especially in this Book will easily perceive that 't was necessary for me to do so otherwise the English would have been almost as hard to be understood as the Latin For the Truth of which I refer the Reader to Chap. 35 36 37. Book 1. not to name innumerable other places I have had a peculiar Eye all along to the Method of the Discourse and the Connexion or Dependance of one part of it upon another which because it is oftentimes very obscure I have generally added the distinguishing Terms of first second c. and where that could not be done have sometimes added a Line perhaps to shew how he passes from one thing to another But this I have generally told the Reader of or else have printed what is so added in a different Letter as may be seen at the beginning of Chap. 6 and the end of Chap. 7. Book 1. As to some things that are of little or no consequence toward understanding the Author as if I have translated Caena Dinner Hominis honorati principis a Gentleman or a Person of Honour Convivium sitting at a Table and over a Glass of Wine c. or if in a philosophical Discourse as this is I have sometimes made use of an unusual Word I suppose they 'll be counted not unwarrantable Liberties but such as are commonly taken by Translators If in the main I have hit upon the true Sence and Meaning of my Author and express'd it in such clear and intelligible Terms as may make the Reader see what is the Force of his Arguments the Reasonableness of his Precepts the Fitness of his several Illustrations and Examples with those other Virtues which have rendred this Book so deservedly Famous I have obtain'd what I principally design'd by this Attempt The Design of the Notes is chiefly to point out the Author's Method and explain some Passages in him that seem'd more obscure than the rest If the Reader find fault that some of 'em regard rather the Latin than the English and others seem trivial and inconsiderable I desire he would take notice that I would not have the English thrust out the Latin but rather promote and facilitate the Reading of it and that I did not design to make Notes for Men of Learning by whom I am fitter to be taught my self but rather for the Young and Less-knowing sort of People I have gone according to that Division of Chapters which is usually receiv'd because the Book has been quoted according to it and to have made any Alteration would but have bred Confusion tho' otherwise I think 't is the most ignorant and ridiculous one that was ever made except in some other of our Author's Writings I have put before each Chapter a Summary of what is contain'd in it and to the whole have subjoyn'd an Index referring to all the principal Matters that are mention'd in the Book In a word I have not wilfully omitted any thing as far as was possible in so small a Volume for I did not design to write a large Commentary or play the Critick upon my Author that seem'd necessary or useful toward a full Explication of this excellent Discourse I have made some use of Sir R. L'Estrange's English and especially Mr. Du B.'s French Translation which I gratefully acknowledge I have follow'd that Sence which to me seem'd most agreeable to the Author's Design without finding fault with the Interpretations of other People or speaking Ill of those who have not been of my Mind and if I have been mistaken my self in any thing as I don't question but I many times have I desire the Reader to use the same Candor and Forgiveness toward me that as I think I have giv'n no body any just Cause of Complaint so I may not have any my self from other People In fine I am sure my Design was commendable the Success of it I must leave to the Reader 's Judgment I shall only say That as I look for no Honour from any thing I can do more especially of this nature so I hope that however I may expect a Pardon TuLLY 'S OFFICES The First Book CHAP. I. Cicero
VII The second general Virtue which consists in maintaining of Human Society Two Parts of it Justice and Liberality The first Duty of Justice All things at first common The Original of Property Men are born for the Good c. of one another whence arises the second Duty of Justice Two sorts of Injustice the one of Commission the other of Omission The Causes of the first sort of Injustice First Fear Secondly Desire OF the other remaining three a Which may be call'd Justice in a larger signification of that Word as it takes in all the Duties Men owe to one another which is the second general Head he mention'd and comprehends under it Justice strictly so call'd and Liberality or Kindness one to another of which he begins to treat chap. 14. that which consists in upholding Society and keeping up mutual Love and good Nature amongst Mankind seems of the largest and most diffusive Extent It comprehends under it these two Parts First Justice which is much the most glorious and splendid of all Virtues and alone entitles us to the Name and Appellation of Good Men. And Secondly Beneficence which may also be call'd either Bounty or Liberality Now the first thing that Justice requires of us is this That no one should do any Hurt to another unless he be necessarily driven upon it for his own Security b The word deinde doth not denote a second Duty of Justice but only the second Part of the first Duty of Doing no Wrong The meaning is That of things which are common he should content himself with his reasonable Share and those which are appropriate to particular Persons he should suffer to remain in the State they are without disturbance The word suus signifies here as in many other places the same thing with proprius and whatever belongs either to all in common or to particular Persons as their own Propriety should not be alter'd but made use of accordingly Now no Man can say that he has any thing c He supposes all things at first to have been common like the Room in a Theatre or other such place and as in these he who first gets a Place has a Right to it and can't be fairly turn'd out of it so he imagins it to have been in old Time Not that the Seizure of it self gives a Right but the tacit Agreement amongst Mankind That what any Man had first possess'd himself of should be his own Property See Grot. De Jure B. P. Book 2. ch 2. his own by a Right of Nature but either by an ancient immemorial Seizure as those who first planted uninhabited Countries Or secondly by Conquest as those who have got things by the Right of the Sword or else by some Law Compact Agreement or Lot 'T is by some of these means that the People inhabiting d Cicero himself was born at Arpinum a mean place in Italy hence by his Enemies in contempt call'd Arpinas He had a noble Country-house at Tusculum another Town not far from Rome whither he often retir'd and where he wrote five Books of Philosophy thence call'd his Tusculan Questions He therefore uses the Examples of these two Places because his Son was acquainted with ' em Arpinum and Tusculum came to have those Lands which are now call'd theirs and e Descriptio signifies a Draught of any Land or the like in order to every Man 's having his due Share The meaning is that private Men came to their Estates by the like sort of Distribution or Allotment as Towns and Cities did the same may be said as to private Mens Estates However since at present by some of these ways each particular Man has his personal Possessions out of that which by Nature was common to all 't is but reason that each should hold what is now his own which if any one endeavour to take away from him f Quicquid jure possidetur says Quintil. injuria aufertur Whatever any Man is in the rightful Possession of can't be taken from him without Injustice Since every one then has a Right to that which is now his own tho' 't were originally common no one without injuring him can dispossess him of it again he directly breaks in upon common Justice and violates the Rights of Human Society But seeing as is excellently said by Plato we are not Born for our selves alone but that our native Country our Friends and Relations have a just Claim and Title to some part of us and seeing whatsoever is created on Earth was meerly design'd as the Stoicks will have it for the Service of Men and Men themselves for the Service Good and Assistance of one another We g He now comes to the second Duty of Justice which is To do all the Good we can as the first was To do no Wrong certainly in this should be Followers of Nature and second her Intentions and by producing all that lies within the reach of our Power for the general Interest by mutually giving and receiving good Turns by our Knowledge Industry Riches or other means should endeavour to keep up that Love and Society that should be amongst Men. Now the great Foundation of Justice is h Justice is the rendring to every Man his due which no one can do without being true to his Word and conscientiously performing all Promises Oaths Bargains c. For he that Promises c. to another makes himself a Debtor of something to him which he may demand as a kind of Due 'T is the business of Faithfulness to see this pay'd so that Justice is as 't were built upon Faithfulness as its Basis and Foundation Faithfulness which consists in being constantly firm to your Word and a conscientious performance of all Compacts and Bargains whereupon for this once let us venture to follow the Opinion of the Stoicks those mighty Admirers of Derivations and believe that Fides Faithfulness is so call'd tho' perhaps it may seem a little too far fetcht quia fiat quod dictum est because what was promis'd is perform'd The i Having laid down the two great Duties of Justice and the Foundation of it he now proceeds to its opposite Vice Injustice of which there are two sorts and the Causes of it Vice that is opposite to Justice is Injustice of which there are two sorts the first consists in the actual doing an Injury to another the second in tamely looking on while he is Injur'd and not helping and defending him tho' we are able For he that injuriously falls upon another whether prompted by Rage or other violent Passion does as 't were leap at the throat of his Companion and he that refuses to help him when Injur'd and to ward off the Wrong if it lies in his power is as plainly guilty of Baseness and Injustice as tho' he had deserted his Father his Friends or his native Country k The Causes of the first sort of Injustice
are of all things most strictly to be observ'd in the Common-wealth For there being two sorts of Disputing in the World the one by Reason and the other by open Force and the former of these being that which is agreeable to the Nature of Man and the latter to that of Brutes when we can't obtain what is our Right by the one we muste'en of necessity have recourse to the other 'T is allowable therefore to undertake Wars but it must always be with design of obtaining a secure Peace And when we have gotten the better of our Enemies we should rest content with the Victory alone and shew our selves merciful and kind to 'em afterwards unless they are such as have been very Cruel and committed inhuman Barbarities in the War Thus our Forefathers took into their City the c Several little Nations in Italy all conquer'd by the Romans Aequians Volscians Sabines and others whom they had subdu'd whereas d The former a City in Africk the latter in Spain both taken by Scipio Africanus the Younger Carthage and Numantia they entirely destroy'd I could wish I might not add e A famous and rich City in Achaia plac'd exactly in that Neck of Land which separates Peloponnesus or the Morea from the rest of Greece Hither S t Paul writ two of his Epistles 'T was taken by Mummius the Roman Consul and ras'd to the Ground because of some Affront the Corinthians had given to the Roman Ambassadors Corinth too but I believe they had something in their Eye when they did it and that more especially the Situation of the Place which being so very convenient as it was they were afraid least it might be at one time or other an Encouragement to a Revolt In my Opinion 't is always our Duty to do what we can for a fair and safe Peace in which thing if People would have f In the Civil War between Caesar and Pompey Cicero always labour'd for a Peace and Agreement between the Parties but to no purpose hearkned to me we might at this time have seen the Republick tho' 't is true I can't say in a flourishing Condition yet certainly not as at present we perceive it entirely subverted and fal'n into Ruins And as we are bound to be merciful to those we have actually conquer'd so should those also be receiv'd into Favour who have laid down their Arms and thrown ' emselves wholly upon the General 's Mercy and that even tho' the Breach be made in their City Walls Our good Fore-fathers were most strictly just as to this particular the Custom of those Times making him the Patron of a conquer'd City or People who first receiv'd 'em into the Faith and Allegiance of the People of Rome In short The whole Right and all the Duties of War are most religiously set down in the g The Feciales were a sort of Priests or Heralds among the Romans establish'd by Numa whose Business it was to determin all Cases about the Lawfulness of War about Leagues Ambassadors c. They were sent to demand Satisfaction of the People that had offended they denounc'd or proclaim'd Wars and in short nothing of that nature could be done without their Advice Cicero gives us an account of their Duties in his De Leg. 2. 9. Faederum pacis belli induciarum judices Feciales sunto c. Fecial Laws out of which it is manifest that never any War can be justly undertaken unless Satisfaction have been first demanded and Proclamation of it made publickly before-hand Poppilius was Commander in one of the Provinces and Cato's Son a young Soldier under him and Poppilius thinking fit to disband one of his Legions it happen'd to be the same in which the young Man was who therefore was dismiss'd among the rest of the Soldiers But having a mind to see more of the War he notwithstanding this continu'd still in the Army Hereupon old Cato writes a Letter to Poppilius and therein desires him That if he suffer'd his Son to remain in the Army he would give him his h An Oath that was given to the Soldiers when they went out to War call'd Sacr amentum by which they were oblig'd to be faithful to their General c. See the Form of it in Livy Military Oath again for as much the former being void by his Disbanding he could not any longer fight lawfully with an Enemy So religiously careful they were in those Days of doing nothing that 's contrary to the Laws of War There is extant still an Epistle of Cato the Father's to his Son in which he tells him That he had heard of his being Disbanded by the Consul when he was a Soldier in Macedonia in the War with i The last King of Macedonia beaten and led in triumph by Paulus Aemilius the Roman Consul about the Year of Rome 586. See Plautarch 's Life of Aemilius Perseus and therefore he advises him not by any means to intermeddle in a Battle because he says 't is unlawful for one that is no longer a Soldier to engage with the Enemy CHAP. XII The Civility of the old Romans towards their Enemies in giving 'em the mildest Names Some Wars are only for Empire others for Safety Difference of Conduct to be observ'd in each A noble and generous Saying of King Pyrrhus ANd here I can't but observe moreover That he who is properly call'd Perduellis a stubborn Enemy had by our Ancestors the name of Hostis giv'n him the gentleness of the Word somewhat lessening the foulness and odium of the Thing for Hostis an Enemy among them signify'd the same thing that Peregrinus a Stranger does now amongst us as appears from the a The Body of the ancient Roman Laws which were gather'd from the wisest Laws of all the Grecians by the Decemviri created for that purpose about the Year of Rome 301. See the History of 'em in Livy Book 3. chap. 33 34. where he calls 'em the fons omnis publici privatique Juris and our Author in his first Book de Orat. prefers 'em for Wisdom before whole Libraries of Philosophers Laws of the XII Tables and therein such sort of Expressions as these b These are the Words of two Laws taken out of the XII Tables See Charondas de Leg. XII Tab. The Meaning of the first is That whoever has got any Business at Law with a Stranger shall appoint a Day for the Decision of it before-hand that so he may have time to make his Appearance Of the second Tho'a Stranger had possess'd a Man's Estate never so long he should have no Title to it by way of Prescription but the rightful Owner after never so many Years should have Authority and Power to demand it of him again Status dies cum hoste and Adversus hostem aeterna auctoritas What greater Courtesie could be shewn than this to call even an Enemy by only the softest and most obliging Names Tho' the
creditable and manly Recreations CHAP. XXX The Excellence of Man's Nature above that of Brutes necessary to be consider'd Wherein it consists Some are really Beasts under the shape of Men. Sensual Pleasures Effeminacy c. unbecoming Man's Nature Beside Reason which is the common Nature of all Men each Man has his particular Nature or Genius The difference of Mens particular Natures or Dispositions shewn by a large number of Examples BUt in all Enquiries concerning what becomes us 't is of very great moment to be a To the end that we may perceive the Nobleness and Excellency of the one above the other and make it our Business to live accordingly This will shew us as he goes on to observe how mean and unworthy an Employment it is for a Man to wallow in Lust and Sensuality how inconsistent with his reasonable Nature and how much more agreeable to Goats and Swine constantly reflecting How much Man's Nature excels that of Beasts and inferior Annimals These have no tast or relish for any thing but the Pleasures of the Body towards which they are carry'd with a great deal of Eagerness whereas nothing's more agreeable and nourishing as it were to the Mind of Man than Learning and Contemplation Hence he is always a-seeking or contriving of something that 's new and is greatly delighted with seeing and hearing for the increase of his Knowledge And if there is any one too much addicted to sensual Pleasures unless he 's transform'd into a meer Brute for some such there are who are Men in Name and not in Reality but if I say any one is too much addicted and suffers himself to be conquer'd by Pleasure yet for very shame he will hide and conceal his Propensions towards it as much as is possible And what is this now but b For what else should be the reason why Men are asham'd to discover their Desires and Inclinations for bodily Pleasures but only a sort of natural Consciousness that they are not answerable to the Dignity of their Nature a plain Indication That sensual Pleasures are unbecoming the Dignity of a reasonable Creature and ought to be despis'd and rejected by it And whoever sets any Value upon them should be sure to take care that he keep within the Limits of Reason and Moderation From hence it follows that we should not have any respect to Pleasure but only to the preservation of our Health and Strength in our Victuals Cloaths and other Conveniencies belonging to the Body And does not the Consideration of the same Dignity and Excellence of our Natures plainly inform us how base and unworthy a thing it is to dissolve in Luxury Softness and Effeminacy And how brave and becoming it is on the other hand for a Man to lead a Life of Frugality and Temperance of Strictness and Sobriety c Having shewn what the true Notion of Decorum is and hinted at the Duties of it as 't is drawn from the Nature of Man in general he now proceeds to a second sort of it taken from each one 's particular Nature We should not only live so as is Consonant to our general Character Right Reason but every one should endeavour to follow what 's agreeable to his particular Inelinations provided there 's nothing in 'em vicious or unreasonable For nothing can ever be handsom or becoming that 's contrary to the tendency of a Man 's own Genius for whatever is strain'd and forc'd as all such things are must consequently be undecent Here therefore he begins to discourse of Mens various Dispositions c. some are naturally Witty and Merry others Grave and Serious or the like And 't is impossible one of these should ever sustain the Character of the other but he must come off very aukwardly and unhandsomly And here we must observe that Nature has given us as it were a double Part to be acted in the World The first is extended to all Men in common forasmuch as we are all Partakers of Reason and that Prerogative of our Nature whereby we are exalted above other Animals 't is this that conducts us in the finding out our Duty and from it all Honesty and Becomingness arises The second is appropriate to each in particular for as there 's a great deal of difference in Bodies some being nimble and proper for Running others more lufty and fitter for Wrestling some of a noble and majestick Air others of a sweet and engaging kind of Beauty so there 's no less or rather a far greater Variety in Humours Thus d A famous Roman Orator one of the Interlocutors in our Author De Oratore where may be seen enough of his Character particularly an admirable Account of his Death chap. 1. Book 3. Lucius Crassus and e L. Marcius Philippus a great Orator and Cos. of Rome An. Urb. 662. Our Author calls him magno virum ingenio Book 2. chap. 17. and mentions him in several places of his Works Lucius Philippus were Men of a great deal of Wit and Pleasantry f Brother to the Elder Catulus whom we spoke of ch 22. He is often mention'd by our Author for his Wit particularly very much in his De Oratore and ch 37. of this Book Caius the Son of Lucius Caesar of more than they and a great deal more studied Whereas the young g M. Livius Drusus an excellent young Roman Gentleman Tribune when Philip was Cos. See his Character and Death in Patercul Book 2. ch 13 14. Drusus and h There were several Noble Romans of that Name one M. Aurelius Scaurus was Cos. and slain by the Cimbri when they broke into Italy 'T is likely he means here M. Aemilius Scaurus whom he mention'd ch 22. Scaurus at the same time were Men of extraordinary Gravity and Severity i He was sirnam'd the Wise whom he makes speak in his Book de Amicitia Laelius had abundance of Mirth and Gaity his Familiar k The Younger Africanus Scipio much more Ambition and greater Austerity and Strictness of Living Amongst the Greeks Socrates is said to have been one that was of a very easie and facetious Humour that always loved to be Merry and Jesting and was a mighty Artist at hiding his Meaning under witty Ironies and drolling Expressions which sort of Men are by the Grecians call'd l 'T is plain from what he has been saying that this Word is taken here in a good Sence Not for those roguish Dissemblers call'd by that Name and describ'd by Theophrastus in his Characters 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 whereas m The former a famous Athenian General and Statesman of whom see Plut. and Thucid. The latter an eminent Philosopher of the Isle Samos Founder of the Pythagorick Sect. Pericles and Pythagoras got ' emselves Credit by being of exactly the contrary Temper Hannibal among the Carthaginian Generals and amongst our own Fabius was Crafty and Subtle one that knew how to disguise his Intentions and
keep his Counsel that could make shew of one thing whilst he was really designing another of exquisite Skill for contriving of Stratagems and preventing those laid by the Enemy against himself In this kind the Grecians give Jason n So call'd from Pherae a Town in Thessaly where he Reign'd He was one of the greatest Captains of his Age and chosen General of all the Greeks to make War upon the Persians He was Father-in-law of that Alexander Pheraeus whom he mentions ch 7. Book 2. the Pheraean and Themistocles the Preference before any others and there 's one thing of Solon's which shews he had his share of this Cunning and Subtilty o The Athenians and Megarans had been at Wars a great while for the Isle Salamis At last the former grew weary of it and made a Law That whoever propos'd fighting for it any more should lose his Life Solon once finding the Place might be recover'd but fearing to speak because of the Law feign'd himself Mad that under that Disguise he might speak what he would and coming into the Assembly in a strange Garb c. he repeated some odd Verses about Salamis and by degrees brought it about that the Athenians resolv'd to try again for the Isle and recover'd it when he feigned himself Distracted to save his own Life and withal to do a good piece of Service to the Publick There are others to be found of just an opposite Humour who think it unlawful to do any thing by Stratagem and under-hand Dealing but are all for Simplicity and Plainness in their Actions Lovers of open and undisguis'd Truth but Haters of any thing that looks like a Trick There are some that will undergo any thing in the World fawn and crouch to any manner of Person if they can but obtain their own Ends and Designs by it as Marcus Crassus we know did to Sylla Of which sort of crafty and complying kind of People Lysander the Lacedaemonian is said to have been Chief whereas Callicratidas who was Admiral of the Navy next after Lysander was quite the contrary Again There 's as great a variety in Men's Ways of Discourse as in their Humours and Complexions some who are able to speak very nobly can yet suit their Language to the Humours and Capacities of the ignorant Vulgar as I remember Catulus Father and Son as also Mutius Mancia could do and I have heard old People relate the same of Scipio Nasica But his Father on the contrary he who by slaying Tiberius Gracchus put a full end to his ruinous Attempts had none of that affable familiar way of speaking No more had p An eminent Philosopher Born at Chalecedon Schollar of Plato and Founder of the Academick Sect. He is frequently mention'd by our Author Xenecrates the most rigid and severe of all the Philosophers and for that very reason was Noted and Eminent In short There 's almost an infinite number of these different Natures and Characters in Men not one of which is q But only if it be apply'd to ill Ends and Purposes in it self to be condemn'd CHAP. XXXI Every one should follow his own Genius so far as 't is innocent Uniformity or Consistency most becoming a Man which can't be kept if we run counter to our own Natures The great force of this Difference in Mens Natures Custom of the Actors on the Stage Several other Rules relating to the same THe more easily then to arrive at that Decorum of which we are speaking let every one stick to his own peculiar Character and Humour provided it has nothing that 's Vicious in it I say provided it has nothing that 's Vicious in it for we should always take a particular care to do nothing that is contrary to that a Viz. Reason See Note on chap. 29. universal Character which Nature has imprinted on every one of us but saving the Reverence we owe to that then to live according to our own particular one so as to follow after that kind of Study and apply our selves to that course of Life which is most suitable and agreeable to our own Inclinations tho' others perhaps may be more useful and important For 't is in vain to struggle against the Bias of your Nature or at first to set upon that sort of Business which you can never arrive at any perfection in From what has been said it more fully appears what that is which we call b He means that which results from one's living up to his particular Character not that general one of which we have spoken before Becoming since nothing can be such that is done as we say in despite of Nature i. e. contrary to the bent and tendency of a Man's Genius Now it 's certain if any thing in the World is Becoming 't is a constant Uniformity in our whole Lives and particular Actions c Because 't is impossible wholly to conquer our Nature and Inclinations so that tho' we should by Custom to the contrary make shift to keep 'em under for some time yet they 'll certainly break out again and so spoil that Uniformity which is requir'd in our Lives which 'tis utterly impossible we should ever maintain so long as we run counter to our own Inclinations and foolishly follow after those of other People for as we should use our own Native Language which all are suppos'd to understand best and not lard our Talk as a great many do with Expressions out of Greek who are therefore deservedly laugh'd at by others So we should keep to one constant Tenour and regular Conduct in our Lives and Actions so that nothing may be in them which is not well suited and of a piece with the rest And this difference in the Characters or Natures of Men is of so great moment as that in consequence of it one Man may be oblig'd to make away with himself whilst another tho' like him as to all other Circumstances may be oblig'd to the contrary d He that was sirnam'd Uticensis because he chose rather to kill himself at Utica than yeild to the Power of Julius Caesar. He was Great Grandson to Censorius See his Life in Plutarch Cato for instance and those e Viz. Lucius Caesar Considius c. See Comment de Bell. Afric ch 11. who in Africk surrendred ' emselves to Caesar were all of 'em under the same Condition and yet any of the rest might perhaps have been blam'd for 't had they murder'd themselves so as Cato did because they were Men of less strictness in their Lives and less severity in their Manners But Cato was a Person whom Nature had endow'd with incredible Firmness and Strength of Soul which he had augmented by perpetual Constancy and unalterably adhering to his once undertaken Designs and Resolutions f This might be true enough if to kill himself were a lawful Action and had nothing in it that 's contrary to the Universal Nature of
which are so very filthy and intolerably obscene that 't is a shame ev'n so much as to repeat 'em after him These then must never be done for one's Country nor will one's Country ever desire that they should for the best on 't is 't is impossible such a Conjuncture should happen as that it should be profitable for any Republick to have wise Men be guilty of such abominable Actions We may lay down this then for a certain Conclusion That when several Duties come into competition those should take place before any others which relate to the Maintenance of Human Society For wise and considerate Acting is the End of all Knowledge and prudent Thinking and c According to the Maxim of the Philosophers The End is always more valuable than that which is only done for the sake of the End by consequence that is more valuable than this And so much may suffice upon this Subject for I think I have sufficiently clear'd the way so that hereafter there will be no difficulty to know which Duties are to be preferr'd before which But those very Duties which relate to Society are of different Rates and Degrees among themselves but 't is no hard matter to see in what Order they b An eminent Stoick Schollar of Panaetius he was born at Apamea a Town in Syria but liv'd at Rhodes where Panaetius had been before him See chap. 2. Book 3. He was one of Cicero's Masters who some where calls him Vel omnium Stoicoram maximum Pompey the Great in his return from the Asian Wars went to Rhodes on purpose to hear him His Works are lost ought to be perform'd as in the first place Those to the Immortal Gods Secondly To our Native Country Thirdly To our Parents and so on to all others in their respective places What has been said in a few Words on this last Head I hope is sufficient to make it appear that 't is usual for Men not only to doubt Whether such and such an Action be Honest or Dishonest but also Of two that are both of 'em Honest which is the most so This is one of those two Heads which I at first observ'd were omitted by Panaetius Let us now pass on to the remaining part of our propos'd Division The End of the First Book TULLY 's OFFICES The Second Book CHAP. I. What will be the Subject of this Second Book He applies himself to the Study of Philosophy as his greatest Consolation in the midst of the Publick Calamities of his Country WHat those Duties are Son Mark which Honesty and Virtue require of us and how they arise from their several Fountains is I think plain enough from the former Book I am now in the next place to speak of those others which wholly regard the Convenience of Life and are requisite for the Getting and Enjoyment of those things which serve for our comfortable Subsistence here such as Interest Riches c. And here I told you the common Heads of Deliberation were What is Profitable and what Unprofitable And Of several Profitables which is more and which most of all such a Having propos'd the Subject about which he is to treat in this Book he defers discoursing of it till he has answer'd two Objections made against him for this sort of Writing Concerning which I shall begin to speak after I have premis'd but a Word or two in Vindication of my self and my present Undertaking For tho' my Books have excited several both to the Reading and even Writing of Philosophy b The first Objection against him is That he spent too much Time and took too much Pains in such a fruitless Study as that of Philosophy For the Romans being a rough and ambitious People minded nothing before those Times but the Arts of War and encreasing the Glory of their Empire As for Philosophy c. 't was counted fit for none almost but Pedants and as they us'd to call 'em the trifling insignificant Grecians Tu regere imperia populos c. was their Maxim yet I am now-and-then apt to be afraid least some who are otherwise very Good Men should hate and despise the very Name of that Study and wonder at me for bestowing such Portions of my Time and Pains in so very fruitless and insignificant a manner To whom I answer c He excuses himself for spending his Time in this idle manner by shewing what he had formerly done for the sake of the Commonwealth and how desirous he is of doing the same again if the Times would permit him That so long as the Republick was govern'd by those to whose Care and Management she had intrusted her self I was ever diligent and employ'd all my Thoughts for her Good and Preservation But when d Julius Caesar who having conquer'd Pompey the Great got the whole Power of Rome into his Hands one Man had seiz'd of her wholly to himself and there was no place left for my Counsel or Authority and when I had lost those extraordinary Persons who had been my Companions in labouring for her Interest I resolv'd not to sink into Anguish and Despair which had wholly over-whelm'd me if I had not resisted 'em nor to follow such Pleasures or idle Ways of Living as were improper and unbecoming a Man of Learning I could heartily wish had it so pleas'd the Gods that the Republick had continu'd in its ancient Condition and never fall'n into the Hands of e Not only Caesar but Mark Anthony and his Adherents who after the Murder of Caesar endeavour'd to get the sole Power to himself See his Life in Plut. those Men who aren't so much for Changing as Overturning every thing I should then as I did in its flourishing Circumstances spend my Time rather in Business than Writing and what I did write would not be things of this Moral Nature but my Publick Orations as I have often done But when the poor State which had taken up all my Care and Thoughts and for which I had labour'd with all my Power was utterly ruin'd and sunk into Nothing there was quickly no room left for such Orations either at the Bar or in the Senate-house And my active Mind which had always been employ'd in that kind of Studies now not being able to lye wholly idle I thought I could not find out a better way to get rid of those Troubles which oppress'd my Mind than by returning again to the Studies of Philosophy I had spent a good part of my time in these whilst I was young for the improvement of my Reason But when I came once to be a Candidate for Places and devoted my self to the Service of the Publick I had little time left for Philosophical Enquiries only so much as could be spar'd from the Business of my Friends and the State which was wholly taken up in nothing but Reading without any Leisure at all for Writing CHAP. II. Some Advantage to be drawn out
Words can be long kept in secret But those who at the beginning and entrance of their Lives by reason of their Meanness are unknown to the World as soon as ever they come up to years of Discretion should set before their Eyes the most honourable Places and bend all their Studies and honest Endeavours toward the obtaining of 'em which they ought to do with so much the more boldness because Men are so far from envying Youth that they rather encourage and forward 'em in their Progress The b Courage in the Wars the first thing that makes a young Man become Remarkable first thing then that sets a young Man off and recommends him to the Publick is Courage and Bravery in Martial Affairs by which a great many amongst our Forefathers who were scarce ever wholly disengag'd from Wars very nobly distinguish'd and signaliz'd themselves But you my Son have had the misfortune to light upon the times of a Civil War wherein the c That of Julius Caesar. one Party was wicked and detestable and the d That of Pompey the Great other unfortunate and unsuccessful In which however when Pompey had giv'n you the Command of e Each Body of Foot consisting of two Legions had two Troops of Horse to support it one on the right and t'other on the left Cicero's Son commanded one of these being call'd Wings one Wing you got much Praise from that great Commander and all his Army by your riding darting and patiently abiding all the Fatigues of War But as for this piece of your rising Glory that and the whole Constitution of the Republick are both of 'em fall'n to the ground together But I never design'd so to model this Discourse as that it should be proper for none but you but as that it might be applicable to all Men in general I shall go on therefore to the remaining part of it As then in all things the Functions of the Soul are more noble and excellent than those of the Body so the Effects of our Reason and Understanding are greater and more powerful as to this Particular than those of meer Strength f Of the Virtues that don't require Strength of Body Temperance c. most recommend a young Man Now of these there is none that can more recommend and adorn a young Man than Temperance and Sobriety Duty and Respect to his natural Parents Love and Good-nature towards his Friends and Relations g A third thing that recommends young Men is keeping frequent Company with those that are Wise and Lovers of their Country Another good Way for young People to get Known and have a good Reputation is often to attend on some Great and Wise Men who are thought to design for the Good of the Publick For when they 're observ'd to be frequently with such the People are presently apt to imagin that they 'll be like those Men whom they choose for their Patterns Thus h P. Rutilius Rufus a noble Roman Cos. together with Cn. Mallius He was Schollar of Panaetius See Book 3. chap. 3. a great lover of Learning and very well skill'd in Philosophy and the Civil Laws Cicero in his first Book de Oratore calls him Exemplum innocentiae and Vell. Paterc Book 2. chap. 13. Virum non sui tantum seculi sed omnis aevi optimum However he was accus'd by the Malice of some Men and condemn'd of Extortion and accordingly Banish'd Of which see the fore-cited places Pub. Rutilius when he was young had the general Vogue of a very honest Man and an able Lawyer because he frequented the House of i P. Mutius Scaevola a noble Roman famous for his Knowledge of the Civil Laws and withal an eloquent Speaker therefore call'd by our Author Jurisperitorum disertissimus He was Cos. with Calpurnius Piso about the Year of Rome 620 when Tib. Gracchus rais'd his Sedition and afterwards made Pontifex maximus Mutius As for k Lucius Crassus the famous Orator whom he mention'd Book 1. chap. 30. Crassus whilst he was very young he was not beholden to any one else but obtain'd of himself everlasting Honour by undertaking that l Of C. Carbo a very eloquent Man who had been Tribune and Consul whom Crassus at the Age of nineteen Years when others begin but to study Eloquence publickly accus'd and got condemn'd so that he poyson'd himself noble and glorious Accusation when at that term of Years wherein others are commended if they begin but to Study and Exercise the Art as we have it recorded of the famous Demosthenes at that Age I say did Crassus make it appear that he could perform that laudably in the open Courts of Justice which he might without disparagement have been Studying at home CHAP. XIV Discourse of two sorts Affability very powerful to obtain Mens Love c. But Eloquence much more Several Occasions of shewing a Man's Eloquence To Defend more Laudable than to Accuse but the latter in some cases Honourable enough Several Examples of brave Accusations 'T is lawful in some cases to Defend the really Guilty but never to Accuse the Innocent The Judges and Advocates Duties Defending the Accus'd especially honourable when 't is against some powerful Oppressor BUt a Having ended the last Chapter with Crassus's Accusation of Carbo and the Credit he got by it this easily brings him to another thing that recommends young Men and makes 'em be taken notice of viz. Their Discourse This he divides into two sorts and speaks upon 'em severally of Speaking or Discourse there are two sorts the one proper only for common Conversation the other for Pleadings and Debates in the Publick Of these two the latter which is what we call Eloquence is apparently most powerful towards the procurement of Glory b Of the first sort of Discourse viz. That of common Conversation and its Power but yet 't is unexpressible of what Influence Courtesie and Affability are in the business of obtaining Mens Love and Affections There are extant Letters of c Son of Amyntas Father of Alexander the Great Philip to Alexander d A Soldier of Philip's left Governour of Macedonia by Alexander when he invaded Persia At last he Poyson'd Alexander by his Son Cassander's means See Quint. Curtius Antipater to Cassander and e A King of Macedonia not Father but only first Guardian and afterwards Father-in-law to Philip who was Son of Demetrius King of Macedonia and Epirus Antigonus to Philip in which these most Wise and Prudent Princes for such we are told they really were advise each his Son to speak kindly to the Multitude and try to win the Hearts of both them and the Soldiers by gentle Words and familiar Appellations f The second sort of Discourse viz. Eloquence of which he speaks pretty largely and gives some Rules about Accusations relating to their Lawfulness Frequency c. But that other Discourse which is proper for Pleadings
in what Measure and in what particular Cases c. And first he divides Beneficence into two forts of which he prefers the former for several Reasons HAving given this Account of the particular Duties which young Men must do for the attainment of Glory we are next to discourse of Beneficence or Liberality Of this there are two sorts the one of which consists in obliging those who need it by our Labour and Industry the other by our Money The latter of these two is much the more easie especially for those who have plentiful Fortunes but the former on the other hand more glorious and magnificent and more suitable to the Character of a brave and exalted Soul For tho' there 's a Good-will and generous Readiness to oblige shewn in either yet in the one Case we are beholden to the Chest in the other to the Virtues and Abilities of the Person Besides those sort of Kindnesses which are done by the Assistance of Money or the like within a short space of time draw their own Fountain dry so that this Liberality doth as 't were eat out its own Bowels and the more you have formerly oblig'd in this kind the fewer you 'll be able to oblige for the future But now on the other hand he whose Generosity shews it self in Labour that is in Virtue and being Active for another's good the more Men he hath formerly shewn himself kind to the more he 'll have ready to assist him ever after beside that by the Custom of doing good Offices he gets a kind of Habit and grows much more expert in the Art of Obliging Philip the Father of Alexander the Great reproves his Son sharply in one of his Epistles for endeavouring to purchase the Good-will of the Macedonians by giving 'em Donations In the name of Wonder says he what reason could you have to hope that those People would ever be faithful to you whom you your self had Corrupted with Money What! do you design to be thought not the King but only the Steward and Purse-bearer of the Macedonians That Steward and Purse-bearer is admirably well said because 't is so scandalous a Business for a Prince and that calling Donations a Corrupting the People is better yet for those that receive 'em are perpetually the worse for it and only made readier to expect the same again Philip writ this to his Son alone but it may serve for a Direction to all Men in general I think we may take it for granted therefore that that sort of Bounty which consists in doing Kindnesses by our Labour and Industry is more Virtuous and Creditable can oblige more People and has more ways of doing it than that other has Not but that sometimes a Man should give nor is this sort of Bounty to be wholly rejected nay one ought oftentimes to distribute some part of one's Money to those who are well-deserving Persons and stand in need of such Assistance But still it must be done with b The word Diligentia in this place properly signifies the making a Choice and Distinction between Persons great Prudence and Moderation For some Men have squandered away whole Estates by inconsiderately Giving which is certainly the foolishest thing in the World for so a Man disables himself ever after from doing of that c Viz. Shewing his Bounty and Generosity in Giving because he has given away all already which he takes most delight in But the worst thing is this that Profuseness in Giving is usually accompany'd by unjust Ways of Getting For when by this means Men have parted with what 's their own they are forc'd to lay hands upon that which is another's And by this means they miss what is their principal Design viz. The obtaining Men's Love by their Bounty and Generosity for they get more Hatred from those whom they Injure than Good-will from those whom they hop'd to Oblige by it We ought not therefore so to Lock up our Riches as that even Liberality it self can't open 'em nor so to keep 'em open as if they were common to all Men in general The best way is always to observe a due Medium and give more or less in proportion to our Estates In fine we 'd do well to remember a Saying which is now grown so common as to be a Proverb amongst us Bounty has got no Bottom For how indeed is it possible there should ever be any end on 't when those who are us'd to it look to receive again and others from seeing them are taught to expect the same CHAP. XVI Two sorts of Givers How Liberality and Prodigality differ What the chief Advantage of Riches Publick Shews to the People very foolish Several Examples of magnificent Aediles among the Romans a Having given his Reasons why the first sort of Beneficence which consists in obliging Men by our Labour and Industry is preferable to the second which does it by Money he begins in this Chap. to discourse of the latter and divides those that use it the Largi as he speaks into two sorts the one Predigal and the other Liberal in the proper and strict Sence of that Word He begins with the first and discourses of it to Chap. 18. where he comes to the second the Liberal OF those who give largely there are two sorts the one of which are Prodigal and the other Liberal The Prodigal are those who consume vast Sums in making publick Feasts and distributing Portions of Meat to the People or in providing Gladiators to Fight with one another or with wild Beasts in the Theatres or in making Preparation for other such Sports and Recreations of the Multitude things that are forgotten in a very short time if ever at all thought on after once they are over But the Liberal are those who dispose of their Money in Redeeming poor Prisoners in helping their Friends and Acquaintance out of Debt in assisting 'em toward the Marrying their Daughters or putting 'em into some Method of Making or Encreasing their Fortunes I admire therefore what should come into b The same that he mention'd Book 1. ch 1. his Book here mention'd is now quite lost but 't is quoted by Diogenes Laertius Theophrastus's Head who in a Book of his which he wrote concerning Riches amongst several noble and excellent things has been guilty of one very greivous Absurdity for he runs out mightily in Commendation of Magnificence and giving publick Shews or Donations to the People and thinks the Supplying of such Expences as these the very principal Fruit and Advantage of Riches But in my Opinion 't is both a much greater and more durable Advantage to be furnish'd with Money for these Acts of Bounty of which I have just now been giving some Instances But c Nothing of this here quoted is to be found in any of the Works of Aristotle now extant which makes the learned Maretus think that it ought to be read Aristo who was a Stoick Philosopher
Fellow a great Enemy to Cicero whom in his Tribuneship he got banisht See Cicero 's Life in Plut. but Milo being Tribune the Year following endeavour'd to bring back Cicero again Clodius violently oppos'd it and getting together some of his own Gang and a parcel of Gladiators fell upon the People as they assembled about it and shew several Milo on the other side bought Gladiators to defend Cicero and in him as he says the Republick it self This is that Milo who afterwards killed this Clodius for which being accus'd he was defended by our Author in that incomparable Oration which is still extant Clodius Such Charges therefore are not to be shun'd when either they are necessary or very advantagious but even when they are so we must still not exceed the due Limits of Mediocrity Luc. Philippus the Son of Quintus an extraordinary ingenious and eminent Man was wont I confess to be making his Brags That he got all the Honours the Republick could give him without ever spending one Farthing that way f An excellent Roman Cos. with Cn. Octavius the Year of Rome 677 a good Man and a Lover of Virtue as well as Learning He was also a very good Orator and is often mention'd by our Author His Son was that Curio who was Tribune of the People and the grand Incendiary in the Civil War between Caesar and Pompey Caius Curio us'd to say the same and even I my self have some reason to boast upon this account for considering the Greatness of the Honours I got and that too by every one of the Votes and the very first Years I was capable of 'em which is more then can be said by any one of those two whom I just now mention'd the Charge of my Aedileship was very inconsiderable But the best way of laying out Money in this kind is to repair the City-walls make Docks Havens Aquaeducts and the like things that may serve to the general Use and Advantage of the Publick For tho' things which are present and given down upon the nail are more acceptable for a Time yet the Memory of these will be more lasting and continu'd even down to Posterity I forbear to speak much against Theatres Portico's new Temples and the like out of Respect to my old Friend Pompey but I find 'em not approv'd of by the famousest Men particularly not by Panaetius himself whom I have very much follow'd but not quite translated in this Work Neither are they lik'd by Demetrius Phalereus who blames Pericles one of the greatest Men amongst all the Grecians for squandring away such g Above two thousand Talents This is that entrance to their ancient Tower call'd Acropolis and because under the Protection of Pallas Glaucopia so often mention'd by ancient Writers It had five noble Doors was cover'd with curious white Stone and was five Years in building See Meurs Cecropia a vast Sum of Money upon that noble Structure at the entrance of the Acropolis But I have spoken sufficiently upon all this Subject in those Books I have written h This Work was in ten Books but 't is now all lost except some few Fragments of which Scipio's Dream is much the largest as making a good part of the sixth Book concerning the Republick To conclude therefore all such Profusions are generally speaking I think to be blam'd but yet at sometimes and upon certain Occasions may be rendred necessary However even then they must be proportion'd to one's Estate and kept within the Limits of Reason and Moderation CHAP. XVIII Liberality to be varied according to the Variety of Circumstances The Merits of the Receiver especially to be consider'd What Acts of Bounty we should more particularly exercise Measures to be observ'd in Receiving Money 'T is profitable sometimes to part with one's Right When a Man uses an Estate as he ought Hospitality deservedly commended IN that a He has done with the first sort of Giving largely viz. Prodigality which he thinks generally blamable but in some Cases excusable He comes now to the Second Liberality which is seen not only in Giving but in Receiving too He begins with Giving concerning which his first Rule is That we should consider the Circumstances of the Person we give to other sort of Giving which proceeds from Liberality we should not keep constantly to one certain Measure but vary according to the Variety of Circumstances in the Persons that receive His Case for instance who struggles at present under some pressing Necessity is different from his who is well enough to pass and only desires to improve his Fortune We should lend our Assistance in the first place to those who are under the Burden and Weight of some Misfortune unless they are such as deserve to be miserable We should be ready however to forward those likewise who desire only our Helping-hand not so much to save 'em from being Unfortunate as to raise 'em to some higher Degrees of Fortune b Secondly In Giving we should consider the Person 's Deserts For Kindnesses bestow'd upon those who don't deserve but will make ill use of 'em are indeed no Kindnesses We should make honest Men the Objects of our Bounty in this kind But here we must be careful to acquaint our selves thro'ly with the Fitness of the Persons for that of Ennius is admirably well said I take good Actions when ill apply'd to become ill ones Now that which is given to a truly honest and grateful Person is paid us in the Acknowledgment he himself makes and in the Good-will that 's got by 't from the rest of the World For nothing's more pleasing to all Mankind than Bounty bestow'd without Rashness and Precipitancy and the generality of Men praise it so much the more because the Liberality of every great Man is a common kind of Sanctuary for all that are Needy We should endeavour therefore as far as we are able to oblige many Men by such Acts of Generosity as may not be forgotten as soon as ever they are over but be remember'd by the Children and Posterity of the Receivers in such manner as to lay a Necessity upon 'em of shewing their Gratitude I say Necessity for all People hate one that takes no care of being grateful to his Benefactors and count him that is such Injurious to themselves because he discourages Bounty and Liberality and so is a common Enemy to all the poorer Sort. Besides this way of Giving whereby Captives are ransom'd and the meaner Folk enrich'd is useful and advantagious to the Publick it self and has frequently been practic'd by those of our Order as appears very fully from the Oration of Crassus That other way therefore of expending Money which consists in making Shews for the Entertainment of the Vulgar ought I think by no means to be compar'd with this The one comports well with the Character of a great and a prudent Person the other of such as Cajole the People and look out
should ever be a good Man Should such a one therefore be Judge in his Friend's Case he would not by any means be biass'd in his Favour but would wholly lay aside the Person of a Friend as soon as he took upon him that of a Judge Perhaps he might do so much for Friendship sake as to wish that his Friend may have the juster Cause and allow him as long time to speak for himself as h For there was a Law amongst the Romans allowing the Plaintiff but so many Hours to speak in and the Defendant one more the Laws will permit of but when he 's to give in his Sentence i For the Judges among the Romans were sworn always to Judge impartially upon Oath he 'll then remember that he calls God to Witness that is I conceive his own k For the Soul or Conscience according to the Ancients is nothing but a kind of God in us and the Voice of one is indeed the Voice of the other Hence Plato call'd all wicked Men 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Atheists for acting in opposition to their Reason and Conscience that is to the God dwelling within them Soul and Conscience the divinest thing that God has granted to Man 'T is a good Custom therefore we have receiv'd from our Ancestors if we did but observe it of Desiring the Judge to be as favourable to us as his Oath will permit him The meaning of which Request is no more than this That he 'd do so much for us as I just now said might very honestly be done by a Judge for his Friend For if Men were oblig'd to do every thing presently that their Friends should desire of 'em such Agreements as these ought to be counted not Friendships but dangerous Conspiracies I speak here only of the ordinary sort of Friendships for l Because Men of perfect Wisdom will never desire any thing but what is Honest and Reasonable one of another in those which are found between perfectly Wise Men there can be no danger of any such thing m A famous pair of Friends and often mention'd as such by ancient Writers See Valer. Max. Plutarch c. Damon and Pinthias two of Pythagoras's Followers were so closely united to one another in their Affections that when Dicnysius the Sicilian Tyrant had appointed a time wherein one of 'em should die and the Party condemn'd had beg'd a few Days respite wherein he might provide for his Children and Family and recommend 'em to Somebody who would take care of 'em after his Death the other deliver'd up himself in his stead voluntarily to die in the room of his Friend if he did not accordingly make his Appearance The Prisoner came back at the Day appointed in order to his Execution which the Tyrant perceiving was so greatly amaz'd at their extraordinary Faithfulness as to desire he might be admitted a third Man in their Friendship In Friendship therefore when that which seems Profitable comes into competition with that which is Honest the latter should always be preferr'd before the former but Faith and Religion should be preferr'd before Friendship whenever it demands any thing that is not reconcilable with Virtue and Honesty Which one Rule if but carefully attended to is sufficient for the Purpose we are now upon which is to discover upon every occasion what are those Duties which Friendship requires of us CHAP. XI In the Management of Publick Affairs the appearance of Profit makes Men relinquish Honesty Several Examples of it Examples of the contrary when the appearance of Profit is rejected for the sake of Honesty a Having shewn how far the Love of Empire Friends c. draws particular Men from their Duty he now goes to shew How whole Republicks have been drawn to what is ill by the appearance of some pretended Profit THe appearance of Profit is also an occasion in publick Affairs of making false Steps and doing several things that are contrary to Duty Thus our Fathers for Instance did ill in destroying and razing of Corinth The Athenians yet worse in making an Order That the People of b A little Island in the Sinus Saronicus almost over-against the Piraeum a Port of Athens somewhat distant from the City but joyn'd to it by a mighty Wall built by Themistocles Aegina should all have their Thumbs cut off because they were powerful with their Navies at Sea This no question was thought a profitable Decree for Aegina seem'd to threaten their Port Piraeum by reason of its nearness But nothing can truely be Profitable that 's Cruel for the Nature of Man which we ought to follow as the Guide of our Actions of all things in the World is most opposite to Cruelty Those do ill likewise who banish all Strangers and forbid 'em the City as c M. Junius Pennus a Tribune of the People about the Year of Rome 657. 'T is quoted by some under the Name of Lex Petronia Pennus did in the preceeding Age and d C. Papius Tribune of the People An. U. C. 688 two Years before Cicero was Consul Papius but lately For tho' 't is but fair that he who 's no Citizen should not have the Priviledges of those who are which was made into a e In the Year of Rome 658 call'd Lex Licinia Mucia See Note on chap. 17. of this Book Law by two very wise Consuls viz. Crassus and Sâ—aevola yet wholly to exclude 'em from having any thing to do there f This is true provided those Strangers live peceably under the Government and no ways prejudice or endanger the State for then to let 'em live there is a thing innoxiae utilitatis Otherwise there are several Cases wherein 't is allowable to expel Strangers from a City is plainly against the Dictates and Laws of Humanity And as these things are bad in the Government of a State so nothing's more splendid and glorious on the other hand than for that which appears to be the Interest of the Publick to be rejected in the comparison with Justice and Honesty Our own Commonwealth can abundantly supply us with g Some Examples of the contrary Practice of those that would not suffer a seeming Advantage to make them do any thing contrary to their Duty Examples of this nature as on other occasions so more especially in the second Punick War when after the loss of that fatal Day at Cannae it shew'd more courage and bravery of Resolution than ever it had done upon the greatest Successes There was not any sign of Faint-heartedness seen nor ever any mention of Peace once heard of so great is the glory and brightness of Honesty as that it utterly overwhelms the appearance of Interest h See Plutarch 's Life of Themistocles The Athenians knowing they should never be able to resist the Persians resolv'd by consent to abandon their City and carrying their Wives and their Children to i A City
Canius immediately was all on fire and beg'd of Pythius that he would sell him the Place He pretended abundance of Unwillingness at first but at length to make short of it was brought to a Compliance Canius buys it together with all that belong'd to it and being very Rich and desirous of the Purchase gives as much for it as Pythius demanded Security's given and taken for the Money and the whole Bargain finally brought to a conclusion The next Day Canius invites some Acquaintance thither and he comes himself somewhat earlier than ordinary but sees not one of the Fishermens Boats there Hereupon he enquires of one of the next Neighbours whether or no that were any Holiday with the Fishermen because he saw none of 'em thereabouts Not that I know of replies the other but they none of 'em ever use to fish here and therefore I wonder'd what the matter was Yesterday This put Canius into a lamentable Fret but how could he remedy himself c A noble and learned Roman oftentimes mention'd and commended by our Author whose Collegue he was in the Pretorship He was excellently skill'd in the Civil Law which he learn'd of Muc. Scaevola the High-Priest There was no Action against a Man it seems for this sort of Knavery before his time The Occasion of his making these Formulae See in Valer. Max. Book 8. chap. 2. For Aquillius my Collegue and familiar Friend had not then publish'd his Court-forms about Knavery upon which when he was ask'd what he meant by the word Knavery he answer'd d These words must be taken in an ill Sence For all making Shew c. is not Knavery but only that which is joyn'd cum Malitia with an ill Design of Cheating c. The making shew of one thing while one's doing another a very perspicuous and plain Definition as indeed he was a Man very happy at Defining Pythius then and all others whatever that make shew of one thing and yet do the contrary are perfidious wicked and knavish Rascals 'T is impossible therefore that any of their Actions should ever be Profitable when they 're under the scandal of such a number of filthy and detestable Vices CHAP. XV. All Hypocrisie and Dissimulation to be taken away Knavery or Dolus malus punish'd by the Roman Laws and Judgments of Equity A remarkable Action of Scaevola ' s. He is not a Wise Man who is not Wise for his own Advantage in what Sence true A truly Good Man is not content with being as Just as the Laws require A Definition of such a One. He 's very hard to be found IF then this Definition of Aquillius be good all Hypocrisie and Dissimulation must be banish'd from amongst Men so that no honest Man will be guilty of either of 'em for the sake of buying or selling to his greater Advantage a He proceeds from Natural Honesty or the Laws of Right Reason to the Laws of the City and shews that Knavery was punishable by those tho' not in all yet in several Cases Nay this Knavery or Cozenage has always been punish'd by the Laws of the City witness the XII Tables about the Case of Guardianship and Laetorius's Law about the Over-reaching of Minors Nay where there was nothing of a Law against it 't was nevertheless punishable in those Judgments of Equity the Form of which was Ex fide bona agitur That all things be done faithfully and honestly And the same sort of words are in all other Judgments as when a Wife for Example enters an Action for her Dowry upon a Divorce from her Husband Melius Aequius That things be settled better and more equitably when any thing had been mortgag'd and pawn'd to another Ut inter bonos bene agier That among honest Men there be nothing done but only that which is Honest. And could there possibly be any Knavery allow'd of in that where the very Court-form was Melius Aequius For the better and more equitable setling of things Or any thing done thro' Deceit and Roguery where these words are publickly read in Court Inter bonos bene agier That amongst honest Men there may be nothing done except that which is Honest Now there 's something of this Knavery as Aquillus says in all false Shews and hypocritical Pretences Lying therefore should wholly be banish'd from all sorts of Business and Commerce in the World Nor should Sellers bring People to bid high for their Goods and enhance their Prizes nor Purchasers others to bid under-value and so beat 'em down lower but each of 'em if they come to speak about a Bargain should say at a word what he 'll give and take b Mention'd before chap. 32. Book 1. Quintus Scaevola the Son of Publius going to buy an Estate desir'd the Owner to tell him at one word what 't was he must have for it the Seller did so and Scaevola told him He thought 't was worth more than what he had demanded for it and accordingly gave him a thousand Crowns over Now there 's no one but will grant this was done like an Honest but they will not allow 't was like a Prudent Man any more than if he had sold a thing for less than he might have had for it Here now you may see is that pernicious Opinion thus to make a Distinction between Prudence and Honesty Ennius has a Saying to this purpose That he would not give a Farthing for a Prudent Man that could not be prudent for his own Advantage to which I am ready to set my Hand if he and I can agree upon one and the same Meaning of the word Advantage I find that c Mention'd again afterwards chap. 23. He flourish'd about the Year of Rome 640. All his Works are lost Hecaton a Rhodian Philosopher and Scholar of Panaetius in his Book about Offices which he wrote to d A noble Roman Grandson to Paullus Aemilius and Nephew to the Younger Africanus belov'd of Laelius Scaevola and all the great Men of that time He was Hearer of the famous Panaetius a Letter of whose to him is mention'd by our Author who often commends him for a Man of Wisdom Industry and Learning He was a great Admirer of the Stoick Philosophy which lost him the Pretorship See Orat. pro Muraena chap. 63. Q. Tubero hath laid this down as a Wise Man's Duty First to conform to the Laws and Customs and Practises of his Country and when he hath done that to make the best Improvement he can of his Estate since we ought to seek Riches not only for our selves but our Children Friends Relations and especially the Commonwealth whose publick Riches must principally consist in the Wealth and Stock of its particular Members This Man can by no means approve of that Action which I just now mention'd of Quintus Scaevola and there 's nothing he tells us that he 'd scruple to do for his own Advantage if it be but permitted and
of what he bought I have brought you these Instances only to let you see That these cunning sort of Men were ne're approv'd of by our Ancestours CHAP. XVII The different Methods us'd by Law and Philosophy for the rooting out of Knavery Treachery to set up Traps tho' one don 't drive the Beasts into ' em How the Law of Nature differs from the Civil The Excellence of the Roman Civil Laws The Extent of that Expression Ex fide bona Knavish Cunning very different from true Prudence How the Laws provide against Fraud in Selling of Slaves Nature forbids one Man to make his Gain of another's Ignorance The ill Effects of false Prudence BUt a The Difference between the Laws and Philosophers as to taking away Wickedness is cheifly this That those can restrain the outward Actions only but these inform the Mind and Understanding those can only punish the actual Crimes of Delinquents but these by informing the Judgment and improving the Reason take care to prevent the Commission of 'em and keep Men from Vice out of a Love of Virtue whereas the Laws can only terrifie them from it by fear of Punishment the Laws take one way to root these Frauds out and Philosophers another the former medling no further with them than as they break out into open Acts and may as 't were be laid hold on by the Hands of Justice the latter endeavouring to hinder their breaking out and to prevent them by Precepts of Wisdom and Reason Reason therefore requires of us That we do nothing Treacherously nothing Deceitfully nothing meerly by outward Shews and false Pretences Now is it not Treachery to set up a Trap tho' one does not raise and pursue the Beasts into it for the simple Creatures of themselves will run into it without being driven Just so you offer an House to be sold because of some Faults which you know to be in it and put up your Bill as it were like a Trap in which some unwary sort of Body will be taken I know that at present the depravation of Manners and prevalence of evil Custom have made this be counted neither Base nor Dishonourable and that 't is tolerated by the Laws and Constitutions of the Publick but I am sure 't is not tolerated by the Laws of Nature For 't is to be consider'd I must repeat it again tho' I have already mention'd it a great many times that there is such a thing as Natural Society which comprehends all Men and ties and unites 'em to one another There 's a nearer between those of the same Nation and a nearer yet between those of the same City Therefore our Fore-fathers made a distinction between b The Law of Nations is nothing else but some Rules and Maxims of the Law of Nature which Reason tells us we ought to observe in our Actions and Entercourse with all Men whatever This is not so distinct from that of particular Cities as tho' this could command any thing contrary to the former No the Laws of every City must be allow'd by Reason and suppose it as their Foundation but they determin some things which Reason has left indifferent and descend to some Particulars as to Time Place c. which Reason does not meddle with that Law which is common to Nations and that which belongs to each City in particular Whatever we are bound by the Civil Constitutions to do to our Citizens we are c Because the Civil may add tho' it can add nothing contrary to that of Nations not oblig'd by the Law of Nations to do the same to Strangers but d Because that of Nations is still in force and obliges notwithstanding what the Civil may have added to it The building upon a Foundation does not take away the Foundation it self whatever we are bound by this latter to do to others the same we ought to do to our Citizens also But e The Laws and particular States consider Men as now they are in the World and only regulate their outward Actions so as to preserve the Peace and Safety of the Publick But those of Nature or Right Reason in the Observation of which consists the perfectest Justice that Men are capable of considers Men as they ought to be and commands all that Purity Sincerity c. that becomes the Perfection of a Reasonable Nature which is more than the Civil can possibly do The Nature of God is the true Standard of genuin Right and perfect Justice Right Reason which is taken from the Nature of God is an original Piece which tho' in no wise equal to the living Standard is at least agreeable to it as far as it reaches The Civil Laws are taken from Reason and are only a Copy and faint Representation of it however 't were to be wish'd that such as it is it were carefully follow'd This is the Sence in which I take this place the Law which at present we use amongst us is far from being an original Piece immediately taken from genuin Right and true perfect Justice 't is only a Copy and faint Representation of it However I could wish we liv'd up even to this for 't is copy'd at least from some of the best Originals which were drawn from the Truth and Nature of the thing For how excellent is that Form in judicial Proceedings Uti ne c. That I mayn't be Defrauded or brought to an Inconvenience by trusting to you and your Honesty And how incomparable that other That Honest Men do nothing but that which is Honest and without Design But the great Question is Who they are that are Honest Men and what 't is to do nothing but that which is Honest f Of whom he speaks chap. 1. of his de Amicitia and to whom he apply'd himself for Knowledge in the Civil Laws after the Death of the other Mucius who was Augur He was Cos. with L. Licinius Crassus An. U. C. 658 whom he call'd duo Sapientissimi Consules chap. 11. of this Book He was afterwards kill'd by Marius's Order in Vesta's Temple Temperantiae prudentiaeque specimen says our Author ante simulachrum Vestae trucidatus est c. De Nat. Deor. Q. Scaevola I remember the High-Priest was us'd to say That all those Judgments which had Ex fide bona Faithfully and honestly put into their Forms were of marvellous Force and that Faithfully and Honestly were of very large Extent and belong'd not only to Wardships Societies Trusts and Commissions but to Buyings Sollings Lettings and Hirings which relate to the Society and Entercourse of Mankind and that 't was the part of an extraordinary Judge to determin exactly all these Cases what one Man ought to make good to another upon only the bare Principles of Conscience and Honesty especially seeing Men differ in their Judgments about the greatest part of ' em All Craft therefore should utterly be banish'd and that knavish sort of Cunning which would fain indeed
never take any thing away from another for the enriching himself and filling his own Coffers which whoever admires at let him e'en confess at the same time that he does not understand what a Good Man is For if any one will thro'ly examin his own Thoughts and clear up a little his obscure Conceptions he 'll quickly be able to tell himself that a Good Man is one Who does all the Good that he can to others but never any Harm unless necessarily forc'd upon 't for his own Security I desire to know then is not that Man guilty of Harming another that outs the rightful Heirs as it were by a Spell and procures himself to be put into their Rooms How then will some Men say what would not you have People consult their own Interest Yes but withal I would have 'em understand That nothing can be so that 's Base or Dishonest which is a necessary Maxim for all those to learn who ever design to be Good Men. I remember I heard my own Father tell as long ago as when I was a Boy That Fimbria one who had formerly been b With C. Marius An. Rom. Cond 649 when Cicero was but three Years old Consul was Judge in a case of Lutatius Pinthia's a Roman Knight and a very Honest Man who c The Plaintiff in a Cause was to lay down a Sum of Money which if his Case was not just he was to lose The Defendant was to do the same or give up the Cause to the Plaintiff This Money was call'd Sponsio or Sacramentum See Val. Max. Book 7. chap. 2. upon pain of losing a certain Sum of Money was to prove himself to be a Good Man Hereupon Fimbria plainly told him that he 'd never pass Judgment upon such a matter least either by giving the Cause against him he should spoil the Credit of a well-approv'd Citizen or else should be forc'd by giving it for him to pronounce that any one was a Good Man which he could not do considering the infinite Virtues and Duties that are requisite to the completing any Person of that Character This Good Man then of whom Fimbria had a Notion as well as Socrates will never judge any thing Profitable that 's Dishonest From whence it follows That such a one will always be so far from doing as that he will never so much as think of any thing which he 's afraid should be laid open to the rest of the World And is it not a shame that Philosophers should doubt of this when there is not e'er a Peasant in the Country but assents to it For from them we have gotten that common Saying which is now by long Usage become a Proverb among us which they bring in to signifie the faithful Dealing and Honesty of a Man He 's one say they that you may venture d Micare signifies to hold up the Fingers a Play among the Romans said to be in use to this Day in Italy wherein one holding up such a number of his Fingers the other on a sudden or something like it was to guess how many they were 'T was easie therefore to Cheat in the dark by holding up more or fewer before the other could be able to see Hence to express a very Honest Man and one that would scorn to Cheat tho' sure not to be discover'd they us'd this Proverb See Erasm. Adag to play with at Even and Odd in the dark The meaning of which what can it be but this That nothing can be Profitable which is not Honest and Becoming tho' a Man could be certain of being never found out in it You see then according to this Proverb that neither that Gyges whom we mention'd above nor that other whom we just now suppos'd to have a power by the snapping of his Fingers to become all Peoples Heir can by any means be excus'd For as that which is Scandalous and Dishonest in it self however it may be hid from the Eye of the World can never be brought to be Honest and Creditable so also that which is not Honest and Creditable can never be brought to be Profitable and Advantagious the very e That which is not Honest is contrary to Reason that which is Profitable must be agreeable to Reason otherwise it deprives Men of their Good viz. Virtue and consequently would be Unprofitable The Natures therefore of these two being opposite can never let the same Action be not Honest and yet Advantagious Nature of the things resisting and opposing it CHAP. XX. Great Rewards are very apt to make Men forgetful of Honesty Examples concerning this An excellent Rule for our Direction in this case A Man loses more by doing an unjust Action than ever he can gain by it be the Reward what it will BUt a He goes on with his Examples of Craft that pretends to be true Prudence and shews That tho' it gets Men Honours c. as it did Marius the Consulship yet that 't is truly Unprofitable when People expect great Advantages from their Roguery 't is a mighty Temptation for 'em to be guilty of it Thus for Instance when b He who afterwards came to be seven times Consul Marius was far from any hopes of obtaining the Consulship and had lain seven Years from the time of his being Praetor so that no one suspected his standing for that Honour being dispatch'd to Rome by c A noble valiant and virtuous Roman chose Cos. in the War of Jugurtha King of Numidia and sent against him where by his Valour and wise Conduct he beat that Prince and might have ended the War had not Marius supplanted him However he obtain'd a Triumph and the Sirname of Numidicus See Sallust Jugurth Q. Metellus whose Lieutenant he was an extraordinary Man and a brave Member of the Republick he accus'd his General to the People of Rome for protracting the War and told 'em That if they would but choose him Consul they should soon have Jugurtha either dead or alive deliver'd into their power 'T is true by this Artifice he got to be chosen Consul but he pay'd for 't the price of his Honesty and Fidelity who could thus bring an useful and excellent Citizen whose Lieutenant he was and by whom he was sent into Hatred and Ill-will by false Accusations Nor did my d See chap. 16. of this Book Kinsman Gratidianus act the part of an Honest and Fair-dealing Man in the time of his Praetorship The Tribunes of the People held a common Consultation with the Company of Praetors about setling the Value and Rate of Money which at those times was grown to be so very Unconstant as that no body could be certain how much he was Worth They made an Edict by common Consent allowing an Action against those who transgress'd it and appointing a Penalty for those who were convicted This being order'd they agreed to meet again in the Assembly after Noon and all of 'em
add That whatever makes highly for one's Profit and Advantage thereby becomes Honest. I answer That it f Fieri signifies to be made and esse actually to be The meaning is That a thing which is very Profitable may be also Honest but it can't be made Honest by its being Profitable if it were otherwise Dishonest may indeed antecedently be such but can never thereby become such For nothing is Profitable but what is Honest and things don't become Honest by their first being Profitable but become Profitable by their first being Honest. I conclude therefore That of all those great and wonderful Examples which might easily be brought upon this Subject 't will be hard to find any more illustrious and commendable than this of Regulus CHAP. XXXI Regulus 's Returning to Carthage a Commendation of those Times The Sacredness of an Oath tho' extorted by Force among the ancient Romans This illustrated by the Example of Pomponius and Manlius BUt the only thing that deserves our Admiration in all this glorious Conduct of Regulus is his persuading the Senate not to restore the Capives As for his returning again to Carthage 't is true we admire it in our Days but at those times he could not have possibly avoided it The Age I think therefore should rather be commended for that than the Man For there 's nothing our Ancestors took greater care of than that the Tie of an Oath should be always held as most Sacred and Inviolable This appears plainly from the XII Tables it appears from those Laws which are call'd a Because the Commons thinking they were oppress'd by the Nobles rais'd a Sedition and retiring to a place call'd Sacer mons refus'd to return till such and such Privileges were granted them by the Senate The Laws made upon that occasion were call'd Sacratae See Livy Book 2. chap. 32 33. and Paul Manut. de Leg. Rom. pag. 39. Sacratae it appears from the strict Observation of Leagues by which we 're oblig'd to keep Faith even with Enemies and lastly it appears from the Punishments and Penalties which have been inflicted by the Censors who in no one thing have been more severe than in punishing those who had transgress'd their Oaths M. Pomponius a Tribune of the People once enter'd an Action against b Sirnam'd Imperiosus a valiant and noble Roman he was chose Dictator upon a Religious Account for driving a Nail into Jupiter's Tempel Livy Book 7. chap. 3. but a War falling out in the mean time he would have manag'd that too imperiously forcing the Youth to take Arms which got him the Hatred of the Tribunes and made Pomponius accuse him about the Year of Rome 393. L. Manlius the Son of Aulus who had been Dictator for holding that Office somewhat longer than he should have done And amongst other things brought in this too against him That he kept his Son Titus who was afterwards Torquatus from Conversation with the World and had strictly charg'd him to live solitary in the Country As soon as the Son heard his Father was in Trouble about this Business he 's reported immediately to have set out for Rome and come early in the Morning to Pomponius's House Pomponius was no sooner told of his coming but he got up immediately and thinking the Youth out of Anger had brought some Complaint against his Father commanded all others to depart the Room and him alone to be brought in to him As soon as the young Man was got into the Room he drew his Sword and swore he would immediately kill Pomponius unless he 'd promise him upon Oath to meddle with his Father no further Pomponius out of sudden Apprehension of the Danger did swear to him accordingly and discharged his Father from any more Trouble having first reported the Matter to the People and told 'em why he was forc'd to let fall his Action Thus strict and conscientious were People at those times in observing their Oaths And this Titus Manlius is that very Person who being afterwards challenged by a mighty French Man c The Year of Rome 394 T. Quintius Pennus being Dictator Livy Book 6. chap. 9 10. kill'd him in a Duel by the River d A River in Italy that falls into the Tiber a few Miles above Rome whence 't is now call'd Teverone that is the little Tiber. Anien and was Sirnam'd Torquatus from wearing a Chain in Latin Torquis which he took from his Neck The same Man again in his third Consulship put to flight and defeated the Latins near e Another River in Italy not far from the foot of the Mountain Vesuvius Veseris He was indeed a very great and extraordinary Person who as he shew'd his Love in this Case to his Father so he was f His Son fought a single Combat with Geminius Metius a stout Latin and overcame him but because he did it without Leave from him who was General he commanded his Head to be cut off for his Breach of Military Discipline Hence Manliana Imperia us'd to signifie any unnatural Rigor and Barbarity unnaturally Cruel to his Son CHAP. XXXII The Severity of the Romans against the Breakers of Oaths The Example of ten sent by Hannibal to the Senate upon Oath of returning Fraud not sufficient to excuse a Perjury A resolute Action of the Senate in not redeeming eight Thousand Prisoners The Conclusion of this Head BUt as Regulus did well in performing his Oath so those ten who after the Battel at Cannae were by Hannibal sent to the Roman Senate upon Oath of returning to the Carthaginian Camp if they could not obtain an Exchange of Prisoners did ill if they did not return accordingly Concerning whom Writers have differ'd in their Relations a An eminent Historian Native of Achaia and Son of one Lycortas a Prince of that Country but afterwards brought to Rome where he was admir'd for his Learning by all the Great Men Scipio Laelius c. He wrote in Greek a History of the World containing forty Books most of which are now lost Polybius an Author of very good Credit informs us Ten Persons of considerable Quality were sent to the Senate and that nine of 'em honestly return'd to the Camp not having been able to obtain what they went about but the tenth staid behind and remain'd at Rome This Man as soon as he was out of the Camp pretending he had forgot to take something along with him went back thither again as thinking his returning under such a colour was a very sufficient Performance of his Oath But certainly he was mistaken for Cunning's so far from excusing a Perjury b For all departure from the Simplicity of an Oath they are the Words of a very great Man is a Degree of Perjury and a Man is never a whit the less Forsworn because his Perjury is a little finer and more artificial than ordinary And tho' Men think by such Devices to save themselves harmless from the
Guilt of so great a Sin they do really increase it by adding to their Iniquity the impudent Folly of Mocking God and Deceiving themselves that it aggravates it rather and makes it the more criminal This therefore was no more than a foolish piece of Craftiness impudently pretending to pass for Prudence Whereupon the Senate took care to order that my crafty Gentleman should be sent back in Fetters again to Hannibal But the gloriousest Action of the Senate was this Hannibal had c After the Battel at Cannae where Paullus and Varro the two Consuls were defeated by Hannibal eight Thousand of our Soldiers his Prisoners not such as had either been taken in Battel or had fled from any imminent Danger of their Lives but were left in the Camp by Paullus and Varro the then two Consuls The Senate decreed that these should not be Ransom'd tho' it might have been done with a small Sum of Money for no other end but to let our Soldiers see that either they must resolve to Conquer or Die Upon the News of which as the same Author tells us Hannibal presently began to be disheartned when he saw that the Senate and People of Rome had so great Resolution even in the midst of their Misfortunes Thus we see Honesty gets the better in the comparison against that which has only the Appearance of Profit But d A learned Roman who was Quaestor and Tribune of the People He writ the Annals of the Roman Empire in Greek which are thought to have been translated into Latin by Q. Claudius Quadrigarius and to be the Claudii Annales Aciliani quoted by Livy Acilius who has written an History in Greek says More of 'em return'd under this Pretence to the Camp hoping by such a Trick to get quit of their Oaths and that they were all of 'em branded with Shame and Dishonour by the Censors But let us now put an end to this third Head since from what has been said 't is apparently manifest That whatever is contrary to the Virtue of Fortitude that is to say whatever is done with a timerous mean disheartned abject Spirit can never be really and truly Profitable because it is wicked disgraceful and odious And such would this Action of Regulus have been had he either in delivering his Sence about the Captives spoke what was for his own not the Publick Security or afterwards chosen to remain at home instead of returning to fulfil his Oath CHAP. XXXIII Nothing contrary to Temperance c. can be truly Profitable Who those Philosophers were that made Happiness and Misery consist in Pleasure and Pain This Opinion ruins all Virtue Prudence Fortitude Temperance and Justice However these Philosophers endeavour to clear themselves of this Imputation but can't get well off Pleasure opposite to Honesty The Absurdity of those who would have made Happiness to consist in both these A short Recapitulation of this last Book How far Pleasure may be allow'd A Conclusion by way of Exhortation to his Son WE have now finish'd our third Head a He has shewn that nothing can ever be Profitable that 's contrary to three of the general Virtues Justice Prudence and Courage It only remains that he shew the same of the fourth Temperance which he endeavours to do in this Chapter the fourth and last remains only to be spoke to which contains in it Decency Modesty Moderation Continence and Temperance And can any thing be Profitable that is opposite to a Train of such excellent Virtues There hath been however a Sect of Philosophers Scholars of Aristippus who were call'd b Because Aristippus chap. 14. Book 1. was born at Cyrene a Town in Africk Cyrenaicks and others who had the Name of c So call'd from one Anniceris a Cyrenian Scholar of Paraebates a Cyrenaick He corrected a little the Cyrenaick Opinions and therefore was call'd Founder of a new Sect. See Menage on Laertius's Life of Aristippus where he shews there were two call'd Anniceris the former Contemporary with Plato and his Redeemer when a Slave in Aegina and the latter of this Sect. Annicerians given them that affirm all Good to consist in Pleasure and count Virtue it self therefore only desirable because of some Pleasure which it brings along with it But these being now almost worn out of Date Epicurus is mightily come into Vogue the great Supporter and as 't were second Founder of the same Opinions With these we must fight as they say with might and main if ever we think of supporting the Cause and maintaining the Interest of Virtue and Honesty For if what d An Athenian Scholar and most intimate Friend to Epicurus often mention'd by our Author Metrodorus has written pass for Truth That whatever can truly be call'd our Profit nay and all the Welfare and Happiness of Life consists in a firm Constitution of Body and a well-grounded Hope of its lasting Continuance it is certain this Profit nay this sovereign Profit for such they account it must sometimes be set in opposition to Honesty e He proceeds to shew That this Opinion ruins all the Virtues as first Prudence For what in the first place will be the Office of Prudence only to cater and look about for Pleafures How miserable a case is that Virtue in which is thus made a Servant and Pander to Pleasure But what shall be her Business in this Office to tast and distinguish ingeniously betwixt Pleasures Supposing this to be a pleasant Business 't is certainly the most scandalous one that could ever have been thought on Again Can he that makes Pain be the greatest Evil have ever such a Virtue as Fortitude in him the very Nature of which consists wholly in despising of Pains and Difficulties I know Epicurus upon several Occasions and this in particular speaks very couragiously as to the matter of Pain but we must not consider so much what is said as what ought to be said by a Man of his Principles who makes Pleasure and Pain to be the ultimate Bounds of Man's Happiness and Misery So again if you 'd hear him about Continence and Temperance he tells you abundance of extraordinary things in a great many places but he 's gravell'd as we speak and can never be able to acquit himself handsomly For with what Face of Reason can he commend Temperance who places his Happiness in the Enjoyment of Pleasures f That is Pleasure Epicurus's Happiness consists in indulging the sensual Appetite but Temperance consists in opposing this Appetite therefore Temperance and Pleasure can never agree and consequently Epicurus is inconsistent with himself when he commends Temperance and yet makes Pleasure his soveraign Good when the sensual Appetite follows after Pleasures and 't is the Business of Temperance to correct that Appetite g Having prov'd that this Opinion ruins all the Virtues he proceeds to shew how these endeavour to bring themselves off in each of them But still they endeavour
exhorts his Son a young Student at Athens not to forget his Latin tho' he was in a Greek University but to mix the Studies of both those Languages and also learn to Write both as a Philosopher and an Orator To this purpose he advises him to read his Works as having equally written in each of those kinds which none of the Grecians had ever done But he modestly adds That he thinks they could have done it but that they apply'd themselves wholly to one of them Dear Son MARCUS THo' after a Year's Study under a The most noted Peripatetick Philosopher of that Age a familiar Acquaintance of Cicero's and by him often equall'd to the greatest of the Ancients He was of Mytilene the chief City in the Island Lesbos and there taught for some time Afterwards heremov'd to Athens where Cicero among others entrusted his Son with him See Famil Epist. Lib. 16. Epist. 21. Cratippus and that at such a Place as b The famousest City in the World for Politeness and good Literature whither all the great Men of Antiquity resorted for Learning where Plato Aristotle Demosthenes Sophocles and innumerable others the greatest Wits of the World in old time flourish'd therefore by our Author in his first Book de Orat. ch 4. call'd The Inventress of all Arts. His Son then being at such a place and under such a Master he expects he should have made a suitable Improvement Athens you can't but have abundantly furnish'd your self with Knowledge in the Doctrins and Rules of Philosophy having had the Advantage of so eminent a Master to supply you with Learning and a City that affords you such excellent c Not of Persons then living only but of those also that were dead and gone nothing so bringing to our remembrance the Virtues and Learning of great Men as being in the Places where they once-flourish'd which is one great Advantage of a Publick Education Examples Yet I should think it convenient for you which is a Method I took for my own profit always to mingle some Latin with your Greek in the Study of Eloquence as well as Philosophy that you may be equally perfect in both d Utriusque orationis may mean either the two Languages of Latin and Greek or the two kinds of Stile that are proper one for the Bar and the other for Philosophical Discourses I have taken both Sences into the Translation those ways of Writing and make your self Master of either Language For the furtherance of which I am apt to imagin I have done no inconsiderable Service to our Country-men so that not only those who don't understand Greek but even the Learned themselves will confess that by reading my Works they have mended their Stiles and somewhat improv'd their Reason and Judgments Wherefore I am willing 't is true you should learn of your present Master the greatest Philosopher of this Age and learn of him too as long as you desire it and so long I think 't is your Duty to desire it as you find your self sufficiently benefited by it But withal I would have you to read my Writings which very little differ from those of the Peripateticks for e So I understand the word Utrique to mean both the Academicks of whom Cicero and the Peripateticks of whom Cratippus was These two Sects at first were almost one and the same as appears from several places of Cicero See Book 3. ch 4. Xenocrates the chief Author of the former and Aristotle of the latter being each of them Scholars to the incomparable Plato who was Hearer of the wise Socrates The Academicks therefore and Peripateticks were both of them Followers not of Socrates only for that almost all the Philosophers were See Cic. de Orat. 3. 16 17. but of Plato too and so were very nearly ally'd to each other both we and they profess our selves Followers not of Socrates only but of Plato likewise As for the Matters contain'd in them use your own Judgment with Freedom and Impartiality for I lay no manner of Restraint upon you your Improvement in the Latin is what I chiefly desire which I am confident must follow from a careful Perusal of ' em Nor let any one think that I am Vain or Pretending when I speak thus For allowing some others the precedence in Philosophy should I assume to my self what 's the Part of an Orator viz. to speak f Apte distincte c. The word Apte properly denotes the Conformity of our Stile to the Subject we are handling and is call'd by our Author in other places Apte ad rerum dignitatem dicere and he tells us that those Men may be said to speak apte Qui it a moder antur Orationem ut rerum personarum dignitates ferunt which I think answers to our English word suitably Distincte refers to the Method of a Discourse and is oppos'd to Confusedness Ornate to the Figures and Ornaments of Rhetorick So that the three words seem indifferently well to comprehend the whole Business of an Orator which is Invenire praeclare inventa disponere disposita exornare To invent what is suitable and proper for the Subject to put it into a good Method and to give it the Ornaments of Eloquence c. suitably methodically and handsomely upon any Subject seeing I have spent my whole Life in that Study I think 't is no more than what I might reasonably and fairly lay claim to I can't but very earnestly desire you therefore my dear Cicero to read my Books with care and diligence not my Orations only but these Pieces also that concern Philosophy which are now of a bulk almost equal to them For tho' in the former there is more of the force and power of Eloquence yet is the smooth and even Stile of the latter by no means to be neglected And of all the Grecians I find not one that has employ'd his Pen in both these kinds and been at once successful in the Language of the Bar and this other more gentle and easie Stile of Philosophical Discourses Unless g A Peripatetick born at Phalerum a small Town on the Sea-coast of Attica from whence he had his Name He was ten Years Governour of Athens in which time he was honour'd with 300 Statues Being afterwards driven our by Demetrius Poliorcetes Son of Antigonus Alexander the Great 's Captain he fled to Ptolomy King of Aegypt by whom he was set over the famous Alexandrian Library which contain'd in it as some write 700000 Volumes He perswaded that Prince to get the Old Testament translated into Greek which is what we now call the Translation of the Seventy Most of his Works are lost Demetrius Phalereus may be reckon'd for one who is subtle enough in his Disputes of Philosophy but methinks in his Oratory wants that Spirit and Vehemence that is requisite however has so much of Sweetness in him that one might know he had been h A noble
that nothing was good or desirable for its own sake but Virtue or Honesty Stoicks g Who deny'd there was any such thing as Certainty and were not tied to any particular Opinions but always follow'd what appear'd most probable tho' generally inclining to the Peripateticks See Book 2. ch 2. Book 3. ch 4. Academicks and h Who held that Virtue was the chief and abundantly most desirable Good See Book 3. ch 3. but yet allow'd the Name of Good to some other things viz. Riches Friends Health c. which the Stoicks did not Peripateticks have a Right to lay down any Rules upon this Subject For as to the Opinion of i These three Philosophers were of different Opinions about Man's Happiness Aristo and Pyrrho making it consist in Virtue alone with a perfect indifference as to every thing else such as Health Riches Honours c. See Cicer. de Fin. Book 4. ch 16. Acad. Quest. Book 4. ch 42. Herillus made it to consist in Knowledge with a like indifference Tho' they did disagree therefore in their Notions of Happiness yet they were all agreed in what Cicero here taxes them with viz. taking away all delectus rerum difference or power of Chusing between things by which means they left no aditus as he speaks ad inventionem Officii no way of finding out what is our Duty For how can that Prudence which is seen in wisely chusing one thing before another have any place if all things are equally in themselves indifferent And if there be no difference between Sickness and Health Riches and Poverty and 't is as good for a Man to be in one as the other of these this takes away all obligation of assisting those who are in Sickness or Want seeing according to this Opinion they are not any wise in a worse condition than the Healthy or Rich and by consequence all Justice Charity Bounty c. must fall to the Ground This is what Cicero often objects to them That they did Virtutem ipsam quam amplexabantur tollere take away and ruin by just consequence that Virtue in which their Opinion made Happiness to consist See Cic. de Fin. Book 2. ch 13. and several other places Aristo Pyrrho and Herillus that has been exploded a good while ago who might have claim'd a Priviledge to treat about Duties as well as the former three had they but left a possibility of Chusing and allow'd at least so much Difference between things as to put us into a capacity of finding out our Duty and distinguishing it from that which is not so I shall k For being an Academick he was not tied to any Set of Opinions but allow'd to chuse that which he thought most probable whether Stoick Peripatetick or any other follow therefore at this time and on this Subject more especially the Stoicks not as a bare Translator of them but according to my usual Custom shall take out of their Stores so much and after such a manner as in my own Judgment I shall think most convenient Seeing then the whole of our following Discourse is design'd to be about Offices or Duties I think 't will be necessary for me in the first place to l The word definire does not necessarily signifie to define in the strict acceptation of that word but in a larger sence to set bounds to the meaning and signification of any word determin and fix the Signification of the word Office which I can't but admire to find omitted by m An eminent Stoick Scholar of Antipater Tarsensis or Sidonius He writ three Books concerning Offices which Cicero follows in this Work He was a Rhodian by birth and greatly admir'd for his Learning and Wisdom by the second Africanus and the wise Laelius c. Gicero often makes honourable mention of him calling him One of the greatest of all the Stoicks and worthy of that Familiarity with those two great Men. Panaetius for every clear and rational Discourse upon any Subject ought first to begin with an Explication of that Subject that so we may have a distinct Conception of what we are afterwards to discourse about CHAP. III. The whole Subject of Duties consists of two Parts Ordinary and perfect Duties and what they are Panaetius made but three general Heads of Deliberation to which Cicero adds two more The general Method he designs to take in the whole Work a The whole of Morality consists of two Parts in one of which 't is enquir'd What the Happiness or chief Good of Man is in the second are laid down some Rules of Action by living up to which he is to obtain that Happiness Of the former he has discours'd in his Books de Finibus the latter makes the Subject of his present Enquiry THe whole subject of Duties then in its greatest Latitude comprehends under it these two Parts The first is taken up in explaining what is Good and what our greatest Good The second in certain Directions and Precepts according to which upon all occasions 't is our Duty to govern our Lives and Actions To the first Part belong such Questions as these Wnether all Duties are perfect or not And Whether one can be greater or less than another With several others to the same purpose Not but that b Such are the Actions of Justice Temperance c. the performance of which tends directly to Man's Happiness tho' they immediately relate to the Conduct of his Life the Duties of this second Part the Rules and Precepts of which are laid down have some tendency and relation to our chiefest Good but only it does not so plainly appear because they seem to concern more immediately the Government of our Lives and Regulation of our Manners and these are they I design to explain in the following Treatise There is also another c Philosophers usually reckon three Degrees or States of Virtue The first utterly imperfect before a Man has gotten an Habit of it which is rather an Entrance into than a State of Virtue therefore not mentioned here by our Author The second more perfect when a Man hath got a Habit of it but yet may sometimes fall into Vice such was the Virtue of Cato Laelius and other wise Men. The third absolutely perfect and compleat by Aristotle call'd Heroick and by the Stoicks The State of Wisdom When a Man has perfectly got the mastery of his Passions and with all the Powers and Faculties of his Soul from a perfect Habit of the truest Wisdom and Prudence doth nothing but what is wholly agreeable to right Reason An Office or Virtue of this third kind the Stoicks called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and the Man that does it a wise Man such a one as by their own confession never was in the World but only in Idea A Virtue of the second is called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which I have English'd Ordinary which does not require a perfect imaginary Wisdom but is
Purity and especially Sweetness of which have justly got him the name of the Athenian Bee The Translation Cicero here mentions is lost except some Fragments Xenophon the Socratick in his Book of O Economicks which I formerly translated from the Greek into Latin when much about as old as you are at present CHAP. XXV The Comparing of things Profitable one with another An Answer of Cato 's upon this Head Who are best able to teach how to get Estates THe a He comes now to the second Head to be treated on in this Book viz. Of two that are Profitable which is most so Which he but just touches upon and shews that 't was requisite to add this Head to the three of Panaetius fourth chief Head we propos'd to speak of was the Comparing things Profitable one with another which is oftentimes necessary however neglected or forgotten by Panaetius For we use to compare either the Goods of the Body with those of Fortune or these back again with those of the Body or lastly those both of the one and the other amongst ' emselves First The Goods of the Body are compar'd with those of Fortune as 'T is more eligible suppose to be Healthy than Rich. Secondly These back again with those of the Body as 'T is better to be Rich than of a robust Constitution Thirdly Those of the Body with one another as Health is preferable to Pleasure or Strength to Activity And Lastly Those of Fortune with one another as if Glory should be preferr'd before Riches or an Estate in the City before another in the Country To this latter sort of Comparing may be referr'd that Answer of the Senior Cato's who being once ask'd What he conceiv'd most Profitable in the Management of an Estate said To Feed Cattle well And what the second To Feed Cattle pretty well And what the third To Feed Cattle tho' but ill And what the fourth To Till the Ground And then the Enquirer proceeding still to ask Pray what do you think of letting Money out to Usury Pray what do I think replies Cato of killing a Man From what has been said and a great deal more that might easily be added 't is sufficiently manifest That Profits are often compar'd with one another and that we had Reason sufficient on our side in making this a fourth Head for the finding out our Duty But as for the Business of getting an Estate and placing out Money to the best Advantage and I wish I might add of applying to the best Uses there are certain b So he calls by way of Derision the Bankers Changers c. who frequented the Janus a Street in Rome of that name very noted and eminent for such sort of People The upper part of it was called Janus Summus the middle Janus Medius and the lower Janus Imus honest Men who attend at the Exchange that can better inform you than any of the Philosophers that dispute in the Schools 'T is worth while however to know these things because they relate to the Business of Profit which has made up the Subject of all this Book Let us now pass on to what remains behind The End of the Second Book TULLY 's OFFICES The Third Book CHAP. I. An excellent Saying of the Elder Scipio Africanus Cicero betakes himself to a Life of Leisure and Retirement the Republick being quite ruin'd The Difference between his Retirement and Africanus ' s. Some Good to be drawn out of Evils a Whom he spake of in the last Chapter of the former Book CAto Son Mark who was near of the same Age with Publius Scipio the first that had the Sirname of b Because he beat Hannibal and the Carthaginians in Africa He was Grandfather of the Younger Africanus The Roman Historians are full of his Praises Africanus giv'n him tells us 't was an usual Saying of his That he never was less idle than when he was idle nor ever less alone than when he was alone A noble and excellent Sentence indeed and worthy of so great and so wise a Person by which it appears that in the midst of Leisure he could think of Business and was us'd when alone to converse with his own Thoughts so that he never was properly Idle and needed no Company to entertain him in his Solitude The two things therefore which bring a kind of Dullness and Heaviness upon others serv'd but to sharpen and invigorate his Mind viz. Solitude and Leisure I wish I could truly say the same of my self But tho' I 'm not able to arrive at that inimitable Temper of Soul I desire at least to come as near it as is possible and being excluded by open Violence and c Those of Caesar first but after his Death of Mark Anthony and his Adherents impious Arms from having ought to do with Affairs of the Senate or Business of the Bar I wholly betake my self to a Life of Retirement and for that very reason have abandon'd the City and am often alone only going from one Seat to another in the Country But alas my Leisure is not to be compar'd with that of Africanus nor my Solitude with his Solitude For he was employ'd at that very time in Places of the greatest Reputation in the Publick and his Leisure was only a voluntary Retirement to give himself Respite from Business for a season and his Solitude only a kind of Port or Haven into whcih he withdrew himself from the Disturbances of Company Whereas my Leisure proceeds not from any desire of Respite but from a want of Business to Employ my self about for what proper Work can I find to do when there 's no more d The two Places in which he before us'd to shew himself a Senate nor any Courts of Justice remaining e Because all things were acted by Violence and Force of Arms. entire in which I might honourably shew my self Therefore whereas 't was my former Custom to appear much in Publick and in the Eye of my Citizens I now on the contrary hide my self from 'em to avoid the very sight of such Packs of Villains as are every-where abroad and as much as is possible confine my self to Solitude But since this is given us for a Rule by the Learned That when several Evils are threatning us at once we should not only choose to undergo the least but extract some Advantage out of 'em if 't is possible I therefore in the midst of all these present Misfortunes gain the small Advantage of Quiet and Retirement tho' not such a Quiet as he might have expected whose Wisdom had formerly f By freeing it from Catiline's Conspiracy See chap. 22. Book 1. procur'd the Peace of the Publick and endeavour not wholly to languish out that Solitude which not Choice but Necessity has laid upon me Tho' Africanus indeed I my self must confess has got much greater Glory by his Solitude and Retirement For none of his Thoughts
are committed to Writing nor any Monuments remain of what he did in his Leisure and when he was alone whereby we are given to understand That he never was idle nor ever properly alone because he was always employ'd in Meditation and in searching out those things which by Thinking he became Master of But I who han't got such a strength of Genius as to be content when alone with the company of my bare Thoughts am forc'd to apply all my Studies and Endeavours to the drudgery of Writing I have written more therefore within a very short time since the Ruin of the State than I did for some Years while 't was in its flourishing Condition CHAP. II. The Subject of Duties the most useful part of all Philosophy An Exhortation to his Son to be diligent in his Studies The Subject of this Third Book Panaetius neglected to treat of it tho' he did at first design it A Saying of Rutilius Rufus NOw tho' all Philosophy my dear Cicero be a rich as it were and plentiful Soil which has not any part of it wast and uncultivate yet there 's no place that 's more fruitful in it or from which more Advantage accrues to the Husbandman than that which is employ'd about Offices or Duties from whence those Precepts and Directions are drawn which lead toward a steddy and virtuous Way of Living Wherefore tho' I doubt not but that Cratippus the greatest Philosopher of our Age is daily inculcating these things to you and you are receiving them with that Attention they deserve yet I have thought it not wholly unnecessary my self to remind you of so important a Matter and could wish that your Ears might continually ring as it were with such Precepts and not hear as far as possible any thing else And as this is a Method which is useful for all Men who design to lead virtuous and creditable Lives so for no one living perhaps more than your self For consider you 're the Son of an industrious Father one who has born the greatest Honours in the Republick and has gotten himself some Credit and Reputation in the World People therefore will expect that you should follow my Steps and 't is your part to see that you answer their Expectation Beside 't is no small thing you have taken upon you by being at Athens and under the Great Cratippus whither since you are gone as it were to a Staple and Mart of good Literature 't will be scandalous for you to return again empty and bring a Reproach both upon the Place and your Master Wherefore dear Son be Industrious and Diligent and spare no manner of Pains and Labour if I may call it a Labour and not rather a Pleasure to Study and Learn that you may make a good Use of these Advantages before you and when all things are thus plentifully supply'd on my part let it never be said That you your self are wanting to your own greatest Interest But I shall say no more upon this at present having heretofore written again and again to you by way of Exhortation Let us now proceed to the fifth and last Part of our propos'd Division a After this Discourse and Advice to his Son he comes now to his Subject of comparing Profit and Honesty But tells us first That Panaetius tho' he propos'd yet did not discourse upon this third Head Shews he design'd to have done it and is large in explaining the Sence 't is to be taken in Panaetius then who without all controversie has written most accurately upon the Subject of Duties and whom in this Work with a little Alteration I have hitherto follow'd lays down as was said three general Heads which Men use in Consulting or Deliberating concerning their Duty In the first 't is question'd Whether the Action they are going about be Honest or Dishonest In the second Whether it be Profitable or Unprofitable In the third How a good Man ought to determin the Case if that which seems Honest should come into competition with that which seems Profitable Of the two former Heads he has given us an account in his three first Books and therein has promis'd to go on with the third of 'em but has fail'd it should seem of being so good as his Word Which I wonder at the more upon this account because we are told by his Scholar Possidonius That he liv'd thirty Years after those Books were publish'd And I can't but admire at the same Possidonius that having an occasion in some of his Writings to discourse upon this Argument he should do no more than just touch upon it in short especially seeing he himself has observ'd That in all Philosophy there 's no one Subject more necessary and important Some indeed think whom I cannot agree with that Panaetius did not forget this Part but omitted it on purpose and that in plain truth it ought to be omitted since Profit can never be really contrary to Honesty Whether it ought to be omitted or not may perhaps be a Question but whether Panaetius design'd it or no and afterwards neglected it I think can be none For a Writer certainly that proposes three Heads and goes thro' with but two of 'em must needs design to discourse upon the third nay he tells us himself in the close of his third Book That he 'd afterwards proceed to this remaining Part. Beside we have the Authority of Possidonius to vouch it who in one of his Letters has given us a Saying of Rutilius Rufus who was Scholar to Panaetius as well as himself That as never any Painter had been yet so bold as to venture upon finishing that Piece of Venus which b One of the famousest Painters that ever was of the Island Cos in the Aegaean Sea therefore by Ovid call'd Artifex Cous. He is often mention'd by Greek and Latin Writers and particularly for an admirable Piece of Venus rising out of the Sea He began a second which is here mention'd but did not live to finish it Apelles left imperfect at the Island Cos the Beauty of the Face making all Men despair ever to paint a Body that should be answerable to it so the Excellency of that which Panaetius had writ upon this Subject made others afraid of attempting to add that which he had omitted CHAP. III. Whether Panaetius did well in making this third Head Reasons why he did not The Danger of separating Profit from Honesty What the Stoicks mean by Living according to Nature Two sorts of Virtue the Perfect and Ordinary The former belongs to the Wise only the latter is common to all The most perfect Virtue as 't is counted by the Multitude is really imperfect a Having shewn from Reason and the Authority of Possidonius that Panaetius design'd to have writ upon this Head he now proceeds to enquire Whether he ought to have done it or not THat Panaetius therefore did think he was obliged to Discourse upon this Part is