Consequence thereof Beside he can make a Judgment upon things already done whether they are done agreeably to their Rule Not that all a mans Faculties do exert themselves continually or after the same manner but some of them are stir'd up in him by an internal Impulse and when raised are by the same regulated and guided Neither beside hath a Man the same Inclinations to every Object but some he desires and for others he has an aversion and often though an Object of Action be before him yet he suspends any motion towards it and when many Objects offer themselves he chuses one and refuses the rest AS for that Faculty therefore of comprehending IV. Human Vnderstanding and judging of things which is called the Vnderstanding it must be taken for granted first of all That every Man of a mature Age and entire Sense has so much Natural Light in him as that with necessary care and due consideration he may rightly comprehend at least those general Precepts and Principles which are requisite in order to pass our lives here honestly and quietly and be able to judge that these are congruous to the Nature of Man For if this at least be not admitted within the bounds of our Humane Forum men might pretend an invincible Ignorance for all their Miscarriages because no man in * Civil Judicature foro humano can be condemned for having violated a Law which it was above his Capacity to comprehend THE Vnderstanding of Man when V. Conscience rightly inform'd and probable it is rightly inform'd concerning that which is to be done or omitted and this so as that he is able to give certain and undoubted Reasons for his Opinion is wont to be call'd Conscience truly guided But when a Man has indeed entertain'd the true Opinion about what is to be done or not to be done the truth whereof yet he is not able to make good by reasoning but he either drew such his Notion from his Education way of living Custom or from the Authority of persons wiser or better than himself and yet no reason appears to him that can persuade the contrary this uses to be called Conscientia probabilis Conscience grounded upon Probability And by this the greatest part of Mankind are govern'd it being the good fortune of few to be able to enquire into and to know the Causes of things AND yet it chances often to some VI. Conscience doubting Men especially in singular Cases that Arguments may be brought on both sides and they not be Masters of sufficient Judgment to discern clearly which are the strongest and most weighty And this is call'd a doubting Conscience In which Case this is the Rule as long as the Understanding is unsatisfied and in doubt whether the thing to be done be good or evil the doing of it is to be deferred For to set about doing it before the Doubt is answered implies a sinful design or at least a neglect of the Law MEN also oftentimes have wrong apprehensions VII Error of the matter and take that to be true which is false and then they are said to be in an Error and this is called Vincible Error when a man by applying due Attention and Diligence might have prevented his falling thereinto and it 's said to be Invincible Error when the person with the utmost Diligence and Care that is consistent with the common Rules of Life could not have avoided it But this sort of Error at least among those who give their Minds to improve the Light of Reason and to lead their Lives regularly happens not in the common Rules of living but only in peculiar matters For the Precepts of the Law of Nature are plain and that Legislator who makes positive Laws both does and ought to take all possible Care that they may be understood by those who are to give obedience to them So that this sort of Error proceeds only from a supine Negligence But in particular Affairs 't is easie for some Error to be admitted against the will and without any fault of the person concerning the Object and other Circumstances of the Action BUT where Knowledge simply is VIII Ignorance wanting it is called Ignorance Which is two ways to be consider'd first as it contributes somewhat to the Action and next as it was in the person either against his will or not without his own fault In the first respect Ignorance uses to be divided into efficacious and concomitant That is such as if it had not been the present Action had not been undertaken This tho it had not been it lâ—â—d not hindred the Undertaking In the latter respect the Ignorance is either Voluntary or Involuntary The first is when it was chosen by the person he rejecting the means of knowing the Truth or suffering it to come upon him by not using such diligence as was necessary The latter is when a Man is ignorant of that which he could not nor was obliged to know And this again is twofold for either a man may indeed not be able to help his Ignorance for the present and yet may be to blame because he continues in such a state or else he may not only be for the present unable to conquer his Ignorance but may also be blameless that he is fallen into such a Condition THE other Faculty which does peculiarly IX The Will distinguish Men from Brutes is called the Will by which as with an internal Impulse Man moves himself to Action and chuses that which best pleases him and rejects that which seems unfit for him Man therefore has thus much from his Will first that he has a power to act willingly that is he is not determin'd by any intrinsick Necessity to do this or that but is Himself the Author of his own Actions next that he has a power to act freely that is upon the Proposal of one Object he may act or not act and either entertain or reject or if divers Objects are proposed he may chuse one and refuse the rest Now whereas among human Actions some are undertaken for their own sakes others because they subserve to the attaining of somewhat farther that is some are as the End and others as Means as for the End the Will is thus far concern'd That being once known this first approves it and then moves vigorously towards the atchieving thereof as it were driving at it with more or less earnestness and this End once obtain'd it sits down quietly and enjoys its acquist with pleasure For the Means they are first to be approv'd then such as are most fit for the purpose are chosen and at last are applied to use BUT as Man is accounted to be the X. The Will unforc'd Author of his own Actions because they are voluntarily undertaken by himself so this is chiefly to be observed concerning the Will to wit that its Spontaneity or natural Freedom is at least to be asserted in those Actions
for rendring men Illustrious if rightly temper'd with Prudence and Magnanimity The Dispensation whereof and the Manner are to be regulated according to the Condition of the Giver and Receiver Wherein care is first of all to be taken that the Bounty we are about to exercise do not more hurt than good to the person to whom we design a kindness and to others next that our Bounty be not greater than consists with our Ability then that the worthiness of men be regarded in our distribution and preference given to the well-deserving that we consider how far each stands in need of our help and observe the degrees of Relation among men moreover 't is to be known what every one wants most and what they can or cannot compass with or without our assistance The Manner also of exercising acts of Kindness will render them more acceptable if they be done chearfully readily and heartily AND then he who receives a Benefit VI. Gratitude ought to have a grateful Mind by which he is to make it manifest that it was acceptable to him and that for its sake he has kind wishes for the Donor and that he wants nothing but an opportunity or an ability of making if possible a Requital of the full value or more For it is not absolutely necessary that the Returns we make be exactly tantamount to the Courtesie we receive but our Good-Will and hearty Endeavour are in lieu to be accepted Not but that sometimes he who pretends to have done me a kindness may not have reason to say he has obliged me as if a man shall drag me out of the Water into which he push'd me before I owe him no thanks for that NOW by how much the more Benefits VII Thanks are apt to oblige and place engagements on the minds of men by so much ought the party who is beholden be the more eager to return his Thanks If it be but because we ought not to suffer our Benefactor who out of a good opinion he had of us has done us a kindness to think worse of us and because we should not receive any Favour but with a design to endeavour that the Giver shall never have cause to repent of what he has done for us For if for any particular reason we are not willing to be beholden to such or such a man he may civilly avoid the accepting of the Courtesie And truly if no grateful Returns were to be made upon the Receipt of Benefits it would be unreasonable for any man to cast away what he has and to do a good turn where beforehand he is sure it will be slighted By which means all Beneficence Good-Will and brotherly Love would be lost among men and there would be no such thing as doing kindnesses frankly nor any opportunities of procuring mutual Friendships left in the World AND though the ungrateful man cannot VIII Ingratitude be precisely said to do a Wrong yet the charge of Ingratitude is look'd upon as more base more odious and detestable than that of Injustice because 't is judg'd a sign of an abject and rascally Soul for a man to shew himself unworthy of the good opinion which another had entertain'd of his Probity and not to be mov'd to some sense of Humanity by Benefits which have a power to tame even the Brutes But let Ingratitude be never so abominable yet simply consider'd as it is a bare Forgetting of a Courtesie and a Neglect of making a due return upon occasion Courts of Judicature take no cognizance of it for it would lose the name of Bounty if it were redemandable by Law as Money lent is because then it would be a Credit And whereas it is a high instance of Generosity to be grateful it would cease to be a generous Action when so to do could not be avoided Beside that it would take up the business of all Courts by reason of the great difficulty in making an Estimate of all the Circumstances which either would enhanse or lessen the Benefit And that it was to this end I bestow'd it to wit that I did not therefore demand a Promise of Repayment that so the other might have an occasion of shewing his Gratitude not for fear of Punishment but out of love to Honesty and to manifest that it was not in hopes of Gain but only out of mere Kindness that I was liberal of that which I would not take care should be reimburs'd to me But for him who improves his Ingratitude and not only gives no thanks to but injures his Benefactor this shall cause an Aggravation of his Punishment because it plainly demonstrates the profligate Villany and Baseness of his Mind CHAP. IX The Duty of men in making Contracts FROM the Duties Absolute to those I. Contracts that are Conditional we must take our Passage as it were through the intermediate Contracts for since all Duties except those already mention'd seem to presuppose some Covenant either express'd or imply'd we shall therefore in the next place treat of the Nature of Contracts and what is to be observ'd by the parties concern'd therein NOW it is plain that it was absolutely II. The Necessity of them necessary for men to enter into mutual Contracts For though the Duties of Humanity diffuse themselves far and near through all the instances of the Life of Man yet that alone is not Ground sufficient whereon to fix all the Obligations which may be necessary to be made reciprocal between one and another For all men are not endow'd with so much Good Nature as that they will do all good Offices to every man out of mere kindness except they have some certain expectation of receiving the like again and very often it happens that the Services we would have to be done to us by other men are of that sort that we cannot with Modesty desire them Frequently also it may not become one of my Fortune or in my Station to be beholden to another for such a thing So that many times another cannot give neither are we willing to accept unless that other receive an Equivalent from us and it happens not seldom that my Neighbor knows not how he may be serviceable to my occasions Therefore that these mutual good Offices which are the Product of Sociality may be more freely and regularly exercised it was necessary that men should agree among themselves concerning what was to be done on this side and on that which no man from the Law of Nature alone could have assur'd himself of So that it was before-hand to be adjusted what this man doing so by his Neighbour he was to expect in lieu of the same and which he might lawfully demand This is done by means of Promises and Contracts WITH respect to this general Duty it III. Veracity is an Obligation of the Law of Nature that every man keep his Word or fulfil his Promises and make good his Contracts For without this a
from peculiar Divine Revelation But the Duties a man owes to Himself arise jointly from Religion and from the Necessity of Society So that no man is so Lord of himself but that there are many things relating to himself which are not to be disposed altogether according to his Will partly because of the obligation he lies under of being a religious Adorer of the Deity and partly that he may keep himself a useful and beneficial Member of Society CHAP. IV. Of the Duty of Man towards God or concerning Natural Religion THE Duty of Man towards God I. Natural Religion its parts so far as can be discovered by Natural Reason is comprehended in these two that we have true Notions concerning him or know him aright and then that we conform our Actions to his Will or obey him as we ought And hence Natural Religion consists of two sorts of Propositions to wit Theoretical or Speculative and Practical or Active AMONGST those Notions that every man ought to have of God the first of II. That God is all is that he firmly believe his Existence that is that there is indeed some supreme and first Being upon whom this Universe depends And this has been most plainly demonstrated by learned and wise men from the Subordination of Causes to one another which must at last be found to have their Original in somewhat that was before them all from the nature of Motion from the consideration of this great Machin the World and from the like Arguments Which if any man denies himself to be able to comprehend he is not therefore to be excused for his Atheism For all Mankind having been perpetually as it were possessed of this persuasion that man who undertakes to oppose it ought not only solidly to confute all those Arguments that are brought to prove a God but should advance Reasons for his own Assertion which may be more plausible than those And since by this Belief of the Deity the Weal of Mankind may be supposed to have been hitherto preserved he ought ro shew that Atheism would better answer that end than sober Religion and the Worship of God Now seeing this can by no means be done the Wickedness of those men who attempt any way to eradicate this Persuasion out of the minds of men is to be above all things abominated and restrained by the severest Punishments THE Second is that God is the Creator III. God the Creator of the World of this Vniverse For it being manifest from Reason that none of these things could exist of themselves it is absolutely necessary that they should have some supreme Cause which Cause is the very same that we call GOD. And hence it follows that those men are cheated who every now and then are putting upon us Nature forsooth as the original Cause of all Things and Effects For if by that Word they mean that Energy and power of acting which we find in every thing this is so far from being of any force to prove there is no God that it proves Him to be the Author of it self But if by Nature they would have us understand the Supreme Cause of all things this is only out of a profane Nicety to avoid the receiv'd and plain appellation of GOD. Those also are in a great Error who believe that any thing can be GOD which is the Object of our Senses and particularly the Stars among the rest For the Substance of these argues them all to derive their beings from somewhat else and not to be the first things in nature Nor do they think less unworthily of God who call him the Soul of the World For the Soul of the World let them conceive of it as they please must signifie a Part of the World and how can a Part of a thing be the Cause of it that is be something before itself But if by the Soul of the World they mean that first and invisible Being from which all things receive their Vigour Life and Motion they only obtrude upon us an obscure and figurative Word for one that is plain and obvious From hence also it appears that the World did not exist from all Eternity this being contrary to the nature of that which has a Cause And he that asserts that the World is Eternal denies that it had any Cause of its being and consequently denies God himself THE Third is that God governs the IV. God governs the World whole World and particularly Mankind Which plainly appears from the admirable and constant Order which is to be seen in this Universe and 't is to the same moral purpose whether a man deny that God is or that he rules and regards the affairs of Men since either of them destroy all manner of Religion For let him be never so excellent in himself 't is in vain to fear or worship him if he be altogether regardless of us and neither will nor can do us either good or hurt THE Fourth is that no Attribute can V. God infinitely perfect belong to God which implies any manner of Imperfection For it would be absurd He being the Cause and Source of all things for any Creature of his to think itself able to form a notion of any Perfection of which he is not fully possess'd Nay His Perfection infinitely surmounting the Capacity of so mean a Creature it is most reasonable to express the same in negative rather than in positive terms Hence nothing is to be attributed to God that is finite or determinate because what is finite has always somewhat that is greater than itself and whatsoever is determinate or subject to Figure and Form must suppose Bounds and Circumscription Neither can He be said to be distinctly and fully comprehended or conceived in our Imagination or by any Faculty of our Souls because whatsoever we can comprehend fully and distinctly in our Minds must be Finite And yet when we pronounce God to be Infinite we are not to think we have a full Notion of Him for by the word Infinite we denote nothing in the Thing itself but only declare the Impotence of our Understandings and we do as it were say that we are not able to comprehend the Greatness of his Essence Hence also it is that we cannot rightly say of God that he has any Parts as neither that He is All any thing for these are Attributes of things finite nor that he is contained in any Place for that denotes limits and bounds nor that he moves or rests for both those suppose him to be in a place So neither can any thing be properly attributed to God which intimates Grief or any Passion such as Anger Repentance Mercy I say properly because when we find such things said of Him they are to be supposed to have their signification from the Effect and not from any Emotion in the Mind of the Deity the Expression being only conform'd to Humane Passions and Capacities Nor may we say
then it is to be used after a stated manner and proportionate to the Number of the Claimants because 't is not possible to find out any other way of observing Equality But if it be a Thing of that nature as not to be capable of being divided nor of being possest in common then it must be used by turns and if this yet will not answer the point and it is not possible the rest should be satisfied by an Equivalent the best way must be to determin Possession by Lot for in such Cases a fitter Remedy cannot be thought on as to removing all opinion of Partiality and Contempt of any party and not debasing the person whom Fortune does not favour THIS Duty is violated by Pride when V. Pride one without any cause or for a cause not sufficient bears himself above his Fellows and despises them as beneath himself We say without any Reason For where a man is regularly possess'd of some Right which gives him a Preference to other men he may lawfully make use of and assert the same so it be without vain Ostentation and the contempt of others as on the contrary every one is with good reason to yield that Respect and Honour which is due to another But for the rest true Generosity has always for its Companion a decorous Humility which arises from a Reflexion on the Infirmity of our Nature and the Faults of which our selves either have been or may hereafter be guilty which are not less heinous than those which may be committed by other men The Inference we ought to make from hence is that we do not over-value our selves with regard to others considering that they equally with us are endow'd with a free use of their Vnderstanding which they are also capable of managing to as good purpose the regular Vse whereof is that alone which a man can call his own and upon which the true Value of Himself depends But for a man without any reason to set a high esteem upon himself is a most ridiculous Vice first because 't is in itself silly for a man to carry it high for nothing at all and then because I must suppose all other men to be Coxcombs if I expect from them a great 〈◊〉 when I deserve none THE â—â—olation of this Duty is yet VI. Signs contemptuous carried 〈◊〉 if a man shew his Contempt of 〈◊〉 by outward Signs Actions Worâ—◠〈◊〉 Derision or any other abusive way And this fault is therefore the more grievous because it easily excites the 〈◊〉 men to Anger and Revenge So that there are many who will rather ventuâ—e their Lives upon the spot much more will they break the Publick Peace than put up an Affront of that nature accounting that hereby their Honour is wounded and a slur is put upon their Reputation in the untainted preservation of which consists all their Self-satisfaction and Pleasure of mind CHAP. VIII Of the mutual Duties of Humanity AMONG the Duties of one man towards I. Doing good to others another which must be practised for the sake of Common Society we put in the third place this That every man ought to promote the good of another as far as conveniently he may For all Mankind being by Nature made as it were akin to each other it would be no great matter for us not to hurt or not to despise our Fellows but we ought also to do such good Offices to others or mutually to communicate the same as that common brotherly Love may be kept up among Men. Now we become beneficial to our Neighbour either indefinitely or definitely and that either parting with something or nothing our selves THAT man indefinitely promotes the II. Benefactors the first sort good of others who takes such necessary care of his Mind and Body that he may be able to perform such Actions as may be profitable to his Neighbour or who by the Acuteness of his Wit finds out something that may be of advantage to Mankind So that those are to be accounted guilty of a breach of this Duty who betaking themselves to no honest Calling spend their Lives in Sloth as if their Souls were given 'em but to serve as Salt to keep their Bodies from stinking or as if they were born but to make up a Number and eat their share And such as being content with the Estates their Ancestors have left 'em think they may give themselves up to Idleness without blame because they have whereon to live by the Industry of others And those who alone enjoy what they have got not bestowing any part upon others Finally all those who like Hogs do good to no one till they die and all that sort of Wretches who only serve to load the Earth with their useless weight ON the other side to those who make III. Such deserve Honour it their business to deserve well of Mankind the rest of the World owe thus much that they don't envy 'em nor lay any rubs in their way while by their noble Actions they seek the Universal Good And if there be no possibility for themselves to imitate 'em they at least ought to pay a Regard to their Memory and promote their Honour which perhaps is all they shall get by their Labours NOW not to do readily all that Good IV. Good done without detriment to Self to others which we can do without detriment labour or trouble to our selves is to be accounted detestable Villany and Inhumanity These are wont to be called Benefits which cost nothing or which are of advantage to the Receiver without being a charge to the Bestower Such as to allow the use of the running Water the letting another light his Fire by mine the giving honest Advice to him that consults me the friendly directing a wandring man to the right Way and the like So if a man have a mind to quit the possession of a thing either because he has too much or because the keeping of it becomes troublesome why should he not rather leave it fit for use to others provided they are not Enemies than to mar or destroy it Hence it is a Sin for us to spoil Victuals because our Hunger is satisfied or to stop up or cover a Spring because we have quench'd our Thirst or to destroy Sea-marks or * Inscribed Posts set up in High-ways to direct Mercuries when our selves have made use of them Under this Head may be comprehended also the little Alms bestow'd by the wealthy upon Travel those who are in want and that Kindness which we justly shew to Travellers especially if under necessities and the like BUT it is a higher degree of Humanity V. Benefactors the second sort out of singular favour to do a good turn freely which costs either Charge or Pains that so another may either have his Necessities relieved or acquire some considerable Advantage And these by way of Excellence are called Benefits and are the fittest matter
possess'd of But by Children are chiefly understood such as are born in lawful Matrimony For to these much Favour is due from Reason itself from the Honâ—ur and Decency of the Married Life and from the Laws of all Civiliz'd Countries above the Illegitimate All which Considerations obtain yet with these Exceptions to wit unless the Father has sufficient Reason not to acknowledge such a one for his Son or disinherits him for some heinous Wickedness In the same case with Children are also to be considered Progeny of lower degrees as Grand-Children whom the Grandfather is bound to bring up and who have Right to share his Inheritance together with the Uncles on both sides and this because there can be no reason that the Misery of losing their deceased Parent should be aggravated by being excluded from their Proportion of Inheritance in the Estate of their Grandfather Upon failure of Heirs descendent 't is reasonable the Goods of Children revolve to their Parents and that to those who are Fatherless Motherless and Childless their Brethren should succeed and upon default of these the next of kin to the deceased ought to inherit Though in order to prevent Contentions to which on this score great occasions are frequently given and that this matter may be settled for the publick Good in most Communities the Order of Succession is found to be accurately stated and such Directions of the Government it is most safe for every private man to follow in this Case unless very weighty Causes force him to the contrary THE Whole also of an Estate may XII Last Will. by an Act of the former Proprietor upon his Death be pass'd away by his Last Will and Testament for this has been allow'd by most Nations that for some kind of Ease to our Thoughts of Mortality a man yet alive may if Death happen transfer what he has of outward Goods to some person that he loves best Now whereas in the most antient times it seems to have been customary that the dying man upon the approach of his End openly declared his Heirs and with his own hands deliver'd such or such Portions into the hands of them who were to receive yet afterwards for good reasons another manner of Bequeathing was approved by many People to wit that a man may at any time when himself thinks good make his own Will and either declare it openly or keep it close in Writing which Will also he may at his pleasure alter and of which the Heirs he has named or written down cannot make any use till the Testator be dead Not but that such Last Wills of how much authority soever they are among men yet are to be ordered with Consideration of the Parties various Relations to men and of the Good of the Community the Neglect whereof has given occasion for the Laws oftentimes to provide and give Rules fot making them from which prescribed Directions if any man depart he has no reason to complain that regard was not had to his Last Will. WHILE men are yet living Things XIII Gift are transferred by the Act of the first Proprietor either Gratis or Freely or else by the Mediation of some Contract The former way of Transferring is called Gift and of the latter which is Contracting we shall speak hereafter SOMETIMES also Things change their XIV Forcible Possession Owner without the Consent and even against the Will of the same Owner and this is mostly in Communities by way of Fine when sometimes all the Estate of a Convict sometimes such a Portion only shall be forfeited and the same shall be given either to a private person who has suffer'd wrong or applied to the uses of the Publick So in War Goods are forcibly taken from the Possessor who parts with them very unwillingly by an Enemy who is too strong for him and become the true Propriety of the Seizer not but that the first Owner has still a Right with a greater force whenever he can to recover 'em so long as till by subsequent Treaties of Peace he does in effect renounce his Pretences thereto BESIDE these there is yet a peculiar XV. Prescription way of acquiring Propriety called Vsucaption or Prescription by which a man who without Violence Knavery or Injustice has possess'd himself of any thing and enjoy'd the same quietly and without interruption a long time is at length accounted the absolute lawful Owner thereof insomuch that he shall be able to keep off any antient Claimant who shall pretend a Title thereto And the Reason of admitting this sort of Right was that any man must be adjudg'd to have relinquish'd and forgone a Thing which he has time out of mind neglected to assert to himself whereas occasions for so doing can hardly be suppos'd to be so long wanting and partly for the sake of Peace and Tranquillity which require that Possessions have some time or other in which they may be for ever fix'd and settled beyond dispute And this still the rather because it is much harder and more grievous to be turn'd out of a Possession honestly acquir'd than never to enjoy one that was lost a great while ago when all hankering Thoughts after the same have been long discontinued But in Communities it is very necessary for the prevention of Controversies that certain limited Times be set which shall make a good Prescription according to Reason and Convenience CHAP. XIII The Duties which naturally result from Mans Property in Things 1. PROPRIETY in Things being introduced I. Quiet Enjoyment among men these Duties from thence naturally arise 1. That every man is oblig'd to permit another who is not a declar'd Enemy quietly to enjoy what things soever are his and neither by Fraud or Violence to spoil embezle or convert them to his own use Whereby Thefts Rapines and the like Crimes which tend to the invading and encroaching upon other mens Properties are forbidden 2. WHEN any thing that belongs to another II. Restitution comes fairly to our hands without any trick or fraud of ours and we have still the same in possession we are oblig'd to take care as far as in us lies that it be returned to its right Owner Not that we are bound to restore it at our own charges but if we have been at any cost in preserving it we may justly demand to be reimburs'd or stop the Thing till satisfaction be made And in such a Case only we are oblig'd to Restitution when we certainly know that the Thing does really and truly belong to another For then we ought to give notice that the same is in our Possession and that we do not hinder the Right Owner from receiving it Not but that if we have purchased any thing justly and lawfully we our selves are no ways oblig'd to call our own Title in question and to make Enquiry by Proclamation as 't were whether any one can lay claim thereto And this Duty is superior to any
as are apparent to the Senses hence therefore every one in foro humano is adjudg'd to be obliged to that Thing which he may fairly be supposed to have suggested by a Right Interpretation of the outward Signs made by him Wherefore 't is of great Use for the true Understanding both of Laws and Covenants and for the better discharging the Duties thence arising that there should be laid down Certain Rules for the true Interpretation of Words especially they being the most common and ordinary Signs whereby we express our Mind and Intention CONCERNING Common and Vulgar II. Popular Terms Terms this is the Rule Words are generally to be taken in their most Proper and receiv'd Signification which they have not so much from Analogy and Construction of Grammar or Conformity of Derivation as by Popular Vse and Custom which is the Sovereign Comptroller and Judg of Speech TERMS of Art are to be explain'd according III. Terms of Art to the Definitions of Persons knowing in each Art But if those Terms are differently defin'd by several Persons for the avoiding of Disputes 't is necessary that we express in Vulgar Terms what we mean by such a Word BUT for discovering the genuine meaning IV. Conjectures of Words 't is sometimes necessary to make use of Conjectures if either the Words in themselves or the Connection of them be Ambiguous and liable to a double Interpretation or if some Parts of the Discourse seem to contradict the other yet so as by a fair and true Explanation they may be reconcil'd For where there is a plain and manifest Contrariety the latter part must be accounted to contradict that which went before NOW Conjectures of the Mind and V. Taken from the Subject-Matter the Right meaning thereof in an Ambiguous or Intricate Expression are chiefly to be taken from the Subject Matter from the Effects and the Accidents or Circumstances As to the Matter this is the Rule Words are generally to be understood according to the Subject Matter For he that speaks is suppos'd to have always in view the Matter of which he discourses and therefore agreeable thereunto the meaning of the Words is always to be applied AS to the Effects and Consequences this VI. From the Consequences is the Rule When Words taken in the Literal and Simple Sense admit either oâ— none or else of some absurd Consequences we must recede so far from the more receiv'd Meaning as is necessary for the avoiding of a Nullity or Absurdity FARTHERMORE most probable Conjectures VII From Circumstances may be taken from the Circumstances because of Consequence every one is presum'd to be consistent with himself Now these Circumstances are to be consider'd either as to their Place or only as to the Occasion of them Concerning the Former of these this is the Rule If the Sense in any Place of the Discourse be express'd plainly and clearly the more obscure Phrases are to be interpreted by those plain and familiar ones To this Rule there is another nearly related In the explaining of any Discourse the Antecedents and Consequents must be carefully heeded to which those Things that are inserted between are presum'd to answer and agree But concerning the Latter this is the Rule The obscure Expressions of one and the same Man are to be interpreted by what he has deliver'd more clearly tho it was at another Time and Place unless it manifestly appears that he has chang'd his Opinion IT is likewise of very great Use for VIII The Reason of the Thing finding out the true Meaning in Laws especially to examine into the Reason of that Law or those Causes and Considerations which induced the Legislator to the making thereof and moreparticularly when it is evident that that was the only Reason of the Law Concerning which this is the Rule That Interpretation of the Law is to be followed which agrees with the Reason of that Law and the contrary is to be rejected if it be altogether inconsistent with the same So likewise when the Sole and Adequate Reason of the Law ceases the Law it self ceases But when there are several Reasons of the same Law it does not follow that if one of them ceases the whole Law ceases too when there are more Reasons remaining which are sufficient for the keeping it still in Force Sometimes also the Will of the Lawgiver is sufficient where the Reason of the Law is conceal'd MOREOVER it is to be observ'd that IX Words of various signification many Words have various Significations one meaning being of great Latitude and the other more strict and confin'd and then the Subject Matter is sometimes of a favourable Nature sometimes invidious sometimes between both or Indifferent Those are favourable where the Condition is Equal on both sides where regard is had to the Publick Good where provision is made upon Transactions already ratified and which tends to the promoting of Peace and the like The Invidious or most distastful is that which aggrieves one Party only or one more than the other that which implies a certain Penalty that which makes any Transaction of none effect or alters what went before that which promotes Wars and Troubles That which is between both and Indifferent is That indeed which makes some Change and Alteration in the former State of things but 't is only for the sake of Peace Concerning these this is the Rule That those Things which admit of a Favourable Construction are to be taken in the largest and most comprehensive meaning but those things which are capable of an unpleasing Construction in the most Literal and strictest sense of the Words THERE are likewise some kind of X. Conjectures extended Conjectures which are elsewhere to be fetch'd than from the Words and which are the occasion that the Interpretation of them is sometimes to be extended and at other times to be confin'd Although 't is more easie to give Reasons why the Explanation thereof should be confin'd and limited than extended But the Law may be extended to a Case which is not express'd in the Law if it be apparent that the Reason which suits to this Case was particularly regarded by the Lawgiver amongst other Considerations and that he did design to include the other Cases of the like Nature The Law also ought to be extended to those Cases wherein the subtilty of Ill men have found out tricks in order to evade the force of the Law NOW the Reason why some Expressions XI Conjectures limited deliver'd in General Terms should be restrain'd may happen either from the Original Defect of the Will or from the Repugnancy of some Emergent Case to the Will and Intention That any Person is to be presum'd not at first to have intended any such thing may be understood 1. From the Absurdity which otherwise would follow from thence and which 't is believ'd no man in his wits could design Hence General Expressions are to
I may have recourse for help to the Civil Magistrate And here because Nature allows not that upon every occasion we should be take our selves to violent means even though we are very well satisfied in our Consciences of the Justice of our Cause therefore we are first to try whether the matter may not be composed after a milder way either by an amicable reasoning of the point in question between the parties themselves or by a free and unconditional Compromise or Reference of the Debate to Arbitrators And these Referees are to manage the matter with an equal regard to both sides and in giving their Award they are to have an Eye only to the Merits of the Cause setting aside all partial Animosity or Affection For which reason it is not best to chuse any man an Arbitrator in such a Cause wherein he shall have greater hopes of Profit or particular Reputation if one party get the better rather than the other and consequently where it is his Interest that that Litigant at what rate soever gain the point Hence also there ought not to be any under-hand Bargain or Promise between the Umpire and either of the Parties by which he may be obliged to give his Judgment on the behalf of the same Now in this affair if the Arbitrator cannot find out the Truth in Fact neither from the Confessions of the parties nor from apparent Writings nor any other manifest Arguments and Signs he must then inform himself by the Testimonies of Witnesses whom though the Law of Nature obliges especially being usually reinforc'd by the Religion of an Oath to speak the Truth yet it is most safe not to admit the Evidence of such as are so peculiarly affected to one party that their Consciences will be forc'd to struggle with the Passions either of Love Hatred desire of Revenge any violent Affection of the Mind or else some strict Friendship or Dependence all or any of which every man is not endued with Constancy enough to surmount Controversies also are frequently made an end of by the Interposition of the common Friends of each party which to do is deservedly accounted among the best Actions of a good man For the rest in this State when Performances are not made good by either side of their own accord the other seeks his Due after what manner he likes best NOW though it was the Will of Nature XI Vncertainty of the State of Nature itself that there should be a sort of Kindred between all Mankind by virtue of which they might be oblig'd at least not to hurt one another but rather to assist and contribute to the Benefit of their Fellows Yet this Alliance is found to be but of little force among those who live promiscuously in a State of Natural Liberty so that any man who is not under the same Laws and possibilities of Coercion with our selves or with whom we live loosely and free from any Obligation in the said State is not indeed to be treated as an Enemy but may be look'd upon as a Friend not too freely to be trusted And the reason hereof is that Man not only is accomplish'd with an Ability to do mischief to his like but for many causes has also a Will so to do For some the Pravity of their Natures Ambition or Covetousness incite to make insults upon other men others though of a meek and modest Nature are forc'd to use Violence either in defending themselves from imminent Outrages or by way of Prevention Beside that a Rivalship in the desire of the same thing in some and in others Competition for Priority in one Quality or other shall set them at Variance So that in this State 't is hardly possible but that there should be perpetual Jealousies Mistrusts Designs of undoing each other Eagerness to prevent every one his Fellow or Hopes of making addition to his own Strength by the Ruin of others Therefore as it is the Duty of every honest man to be content with his own and not to give provocation to his Neighbor nor to covet that which is his so also it behoves him who would be as wary as is needful and who is willing to take care of his own good so to take all men for his Friends as not to suppose yet but that the same may quickly become his Enemies so to cultivate Peace with all men as to be provided though it be never so soon chang'd to Enmity And for this reason happy is that Common-wealth where in times of Quietness consideration is had of requisites for War CHAP. II. Of the Duties of the Married State AMONG those States of Man which I. Matrimony we have call'd Adventitious or in which a man is plac'd by some antecedent humane Act Matrimony obtains the first place Which also is the chief Representation of the Social Life and the Seed-Plot of Mankind AND first it is certain that that ardent II. Instituted by Nature Propensity found to be in both Sexes to each other was not implanted in them by the All-wise Creator merely that they might receive the Satisfaction of a vain Pleasure for had it been so nothing could have been the occasion of greater Brutishness and Confusion in the world but that hereby married persons might take the greater delight in each others Company and that both might with the more chearfulness apply themselves to the necessary business of Propagation and go through those Cares and Troubles which accompany the Breeding and Education of Children Hence it follows that all Use of the Parts destin'd by Nature for this work is contrary to the Law Natural if it tends not to this End On which account also are forbidden all Lusts for a different Species or for the same Sex all filthy Pollutions and indeed all Copulations out of the State of Matrimony whether with the mutual Consent of both parties or against the Will of the Woman THE Obligation under which we lie to III. Obligation to Matrimony contract Matrimony may be consider'd either with respect to Mankind in general or to our particular Station and Relation in the World The strength of the former of these consists in this that the Propagation of Mankind neither can nor ought to be kept up by promiscuous and uncertain Copulations but is to be limited and circumscribed by the Laws of Wedlock and only to be endeavour'd in a married State For without this no man can imagine any Decency or orderly Society among men nor any Observation of the Civil Rules of Life But men singly consider'd are oblig'd to enter the Matrimonial State when a convenient occasion offers itself whereto also not only a mature Age and an Ability for Generation-Work is necessary but there ought beside to be a possibility of lighting on a person of the like Condition and a Capacity of maintaining a Wife and the Posterity she shall bring forth and that the Man may be such a one as is fit to become the
Trust in order to Cohabitation in the Family between the Victor and the vanquish'd person all past Hostility is to be accounted as forgiven And then the Master does wrong even to a Servant thus acquir'd if he allow him not Necessaries for Life or exercise Cruelty to him without cause and much more if he take â—o way his Life when he has committed no fault to deserve it IT is also the Practice to pase away on V. Alienable Property in such Slaves who are taken in War or bought with our Mony to when we please after the same manner as we do our other Goods and Commodities So that the Body of such Servant is holden to be a Chattel of his Master And I yet here Humanity bids us not to forget that this Servant is a Man however and therefore ought not to be treated as we do our Moveables use 'em or abuse 'em oâ— destroy 'em as willist And when we all minded to part with him we ought not to deliver him into the hands of such as we know will abuse him inhumanely and undeservedly Lastly IT is every where allow'd that VI. Off-spring of Slaves the Progeny of Parents who are Bondmen are also in a Servile State and belong 〈◊〉 Slaves to the Owner of their Mother Which is justified by this Argument that whosoever is Proprietor of the Body is also Proprietor of whatsoever is the Product thereof and because such Issue had never been born if the Master had executed the Rigor of War upon the Parent and for that the Parent having nothing she can call her own the Off spring cannot otherwise be brought up but at her Masters charge Whereas therefore the Master afforded such Infant Nourishment long before his Service could be of any use to him and whereas all the following Services of his Life could not much exceed the value of his Maintenance he is not to leave his Master's Service without his Consent But 't is manifest that since these Bondmen came into a State of Servitude not by any fault of their own there can be no Pretence they should be otherwise dealt withal than as if they were in the condition of perpetual hired Servants CHAP. V. The Impulsive Cause of Constituting Communities ALTHOUGH there be hardly any Delight I. This Enquiry necessary or Advantage but what may be obtain'd from those Duties of which we have already discours'd It remains nevertheless that we enquire into the Reasons why Men not contenting themselves with those Primitive and small Societies have founded such as are more Ample call'd Communities For from these Grounds and Foundations is to be deduc'd the Reason of those Duties which merely relate to this Civil State of Mankind HERE therefore it suffices not to say II. Difficulty herein that Man is by Nature enclin'd to Civil Society so as he neither can nor will live without it For since indeed it is Evident that man is such a kind of Creature as has a most tender Affection for himself and his own Good it is manifest that when he so earnestly seeks after Civil Society he respects some particular Advantage that will accrew to him thence And although without Society with his Fellow-Creatures Man would be the most miserable of all Creatures yet since the Natural Desires and Necessities of Mankind might be abundantly satisfied by those Primitive kind of Societies and by those Duties to which we are oblig'd either by Humanity or Contracts it cannot immediately be concluded from this Natural Society between Man and Man that his Nature and Temper does directly encline him to the forming of Civil Communities WHICH will more evidently appear III. Twofold Enquiry if we consider what Condition Mankind is plac'd in by the Constitution of Civil Communities What is requir'd that he may be truly said to be a Political Animal or Good Patriot and Subject and lastly what Aversion may be discover'd in the Nature of Man to living in such Civil Community WHOSOEVER becomes a Subject IV. Natural State immediately loses his Natural Liberty and submits himself to some Authority which is vested with the Power of Life and Death and by the Commands of which many Things must be done which otherwise he would have been no ways willing to do and many Things must be let alone to which he had a strong Inclination Besides most of his Actions must terminate in the Publick Good which in many Cases seems to clash with private mens Advantage But man by his Natural Inclinations is carried to this to be subject to no one to do all things as he lists and in every thing to consult his single Advantage BUT we call him a Political Animal V. Civil State or True Patriot and Good Subject who readily obeys the Commands of his Governors who endeavours with his utmost to promote the Publick Good and after that regards his Private Affairs nay more who esteems nothing profitable to himself unless the same be likewise profitable to the Community lastly who carries himself fairly towards his Fellow-Subjects But there are few men to be found whose Tempers are naturally thus well inclin'd The greater part being restrain'd merely for fear of Punishment and many continue all their Lifetimes ill Subjects and unsociable Creatures FURTHERMORE there is no Creature VI. Civil State whatsoever more fierce or untameable than Man or which is prone to more Vices that are apt to disturb the Peace and Security of the Publick For besides his inordinate Appetite to Eating Drinking and Venery to which Brute Beasts are likewise subject Mankind is enclin'd to many Vices to which Brutes are altogether Strangers as is the unsatiable desire and thirst after those things which are altogether superfluous and unnecessary and above all to that worst of Evils Ambition also a too lasting resentment and memory of Injuries and a desire of Revenge increasing more and more by length of time besides an infinite diversity of Inclinations and Affections and a certain Stiffness and Obstinacy in every one to indulge his own particular Humour and Fancy Moreover Man takes so great delight in exercising his Cruelty over his Fellow-Creatures that the greatest part of the Evils and Mischiefs to which Mankind is obnoxious is wholly owing to the merciless Rage and Violence of other Men. THEREFORE the genuine and principal VII Reason Change Reason which induc'd Masters of Families to quit their own natural Liberty and to form themselves into Communities was that they might provide for themselves a Security and Defence against the evils and mischiefs that are incident to Men from one another For as next under God one Man is most capable of being helpful to another so the same may be no less prejudicial and hurtful to one another And those persons have entertain'd a right conception of the Malice of Men and the remedy thereof who have admitted this as a common Maxim and Proverb that unless there were Courts of Judicature one Man would
they are compared by some to Usufructuaries or Life-Renters CHAP. X. How Government especially Monarchical is acquired ALTHOUGH the Consent of the I. Consent of the Subject free or forced Subject is a thing to be required in Constituting of every lawful Government yet it is not always obtain'd the same way For as it is sometimes seen that a Prince ascends the Throne with the voluntary Acclamations of the People so sometimes he makes himself a King by Conquest and brings a People to consent by Military force WHICH latter Method of acquiring II. Of Conquest a Government is called Conquest it happening as often as a Victorious Prince having Fortune on his side and a just Cause reduces a People by his Arms to such Extremities as compel them to receive him for their Governour And the Reason of this Title is derived not only from the Conquerours Clemency in saving the Lives of all those whom in strictness of War he was at liberty to destroy and instead thereof laying only a lesser inconvenience upon them but likewise from hence that when a Prince will choose to go to War with one that he has injured rather than he will condescend to satisfie him in a just and equal manner He is to be presum'd to cast himself upon the fortune of War with this intention that he does beforehand tacitly consent to accept of any Conditions whatsoever shall befal him in the Event AS for the Voluntary Consent of the III. Election People a Government is acquired by it when in an Election the People either in order to their Settlement or at any time after do nominate such a One to bear that Office as they believe is capable of it Who upon presentation of their Pleasure to him accepting it and also receiving their promises of Allegiance he thereby actually enters upon the Possession of the Government BUT betwixt this Election of a new IV. An Interregnum Prince and the Death of the former there uses in Monarchies that are already fix'd and settled to intercede an Interregnum which signifies an imperfect kind of State where the People keep together merely by Virtue of their Original Compact Only that this is much strengthned by the common Name and love of their Country and the settlement of most of their Fortunes there whereby all good Men are obliged to preserve the Peace with one another and study to restore their fallen Government again as soon as they can Yet to prevent the mischiefs which are apt to arise in Interregnums it is very convenient the Law should provide Administrators to manage the publick Affairs during the vacancy of the Crown NOW tho as is said in some Monarchies V. Succession as every King dies they proceed again to a new Election Yet in others the Crown is conferred upon Conditions to descend to certain Persons successively without any intervening Election for all time to come The right to which Succession may either be determined by the order of the Prince or the order of the People WHEN Princes hold their Crowns in VI. Devisable when the manner of a Patrimony they have the liberty of disposing of the Succession as themselves please And their declared Order therein especially if their Kingdoms are of their own founding or acquiring shall carry the same force with the last Testament of any private Man They may divide if they please their Kingdom amongst all their Children not so much as excepting the Daughters They may if they think fit make an Adoptive or their Natural Son their Heir or one that is not in the least akin to them AND when such an Absolute Monarch VII Succession upon an Intestate as this dies without leaving order for the Succession It is to be presumed he did not thereby intend the Kingdom should Expire with himself but first that it should devolve to his Children before all others because of the natural Affection of Parents to them Then That the same Monarchical Government shall continue which he recommended by his own Example That the Kingdom be kept undivided as one Realm because any Division thereof must give occasion to great Troubles both among the Subjects and the Royal Family That the Elder reign before the Younger and the Male before the Female in the same Line And lastly That in default of Issue the Crown shall devolve upon the next in Blood BUT in those Monarchies whose Constitution VIII Succession in the People from the very Beginning was founded upon the voluntary Choice of the People there the Order of Succession must have an Original Dependence upon the Will of the same People For if together with the Crown they did confer upon the Prince the Right of appointing his Successour whosoever shall be nominated to the Succession by him will have all the Right to enjoy it If they did not confer it upon the Prince it is to be understood as reserved to themselves Who if they pleased might make the Crown Hereditary to their Princes Family either prescribing the Order of Succession to be like other ordinary Inheritances so far as can consist with the Publick Good or set the same under any peculiar necessary Limitations IX Of Hereditary Kingdoms WHEN a People have barely confer'd upon their King an hereditary Right with out any thing farther express'd Though 't is true it may seem to be intended that the Crown shall pass to the Heirs in the same common order of Descent as private Inheritances do Yet the publick Good requires that the sense of such a Publick Act shall be taken under some restrictions notwithstanding their not being particularly express'd As 1. It is supposed That the Kingdom shall continue inseparable as one Realm 2. That the Succession shall go to the Descendants of the first Prince of the Line Excluding 3. Illegitimate and adopted Children with all that are not born according to the Laws of the Realm 4. That the Heirs male be preferr'd before the female in the same Line tho their Inferiours in Age. And 5. That each Prince esteem his Succession not as the Gift of his Predecessor but as the bounty of the People NOW because after a long Descent of X. A Lineal Succession Princes there may easily arise Controversies almost inextricable about the person of the Royal Family who approaches nearest in kindred to the Prince deceased therefore for prevention of such in many Kingdoms they have introduced a lineal Succession of this nature That as every one descends from the Father of the Stem Royal they compose as it were a perpendicular Line from whence they succeed to the Crown according to the priority of that Line to others And though perhaps the nearest of Kin to the Prince last deceased may stand in a new Line different from that of His Yet there is no passing out of the old Line thither till Death has exhausted the same THE Series of Succession most regardable XI By the
Nation of any considerable extent but he must have Ministers to participate with him in his Cares and Counsels Yet as these Ministers borrow their Authority in every thing they do from Him So the praise or dispraise of their Actions returns finally upon Him also For which reason and because according to the quality of Ministers business is done either well or ill there lies an Obligation upon a Prince to advance honest and fit Persons to Offices of Trust in the Government and upon occasion to examine into the proceedings of the same and as he finds them deserving to reward or punish them accordingly for an Example to others to understand that there is no less fidelity and diligence to be used in managing the publick Business than one would practise in any private Affair that relates to himself So when wicked people are encouraged to put their Inclinations in practice upon the hopes of escaping very easily unpunish'd under Judges that are subject to Corruption it ' is a Prince's Duty to animadvert severely upon such Judges as Favourers of Vice against the safety of the Subject and quiet of the Nation And though the dispatching of the ordinary affairs may be committed to the Ministers care yet a Prince is never to refuse to lend his Ear with Patience when his Subjects present him with their Complaints and Addresses FOR Taxes and the like Duties to X. Of Taxes and Duties which Subjects are upon no other account oblig'd than as they are necessary to support the publick Charge in Peace and War it deserves to be the Care of Princes not to extort more than either the Necessities or signal advantages of the Nation require and so to alleviate and soften them in the ways and means of laying them upon the Subject that every one may find their weight as little offensive as it can possibly be being charg'd upon particulars in a fair and Equitable proportion without favouring of one to deceive or oppress another And let not the Money that is so rais'd be consum'd by Princes in Luxury and Vanities or thrown away in Gifts and needless Ostentation but laid out upon the occasions of the Nation always foreseeing that their Expences be made to answer to their Revenue and in case of any failure in the latter to do it that they attempt a Remedy by means of Frugality and in retrenching unnecessary Expences IT is true Princes have no Obligation XI Interest of the Subject to be advanc'd by Princes upon them to find maintenance for their Subjects otherwise than Charity directs them to a particular Care of those for whom it is impossible to subsist of themselves by reason of some Calamity undeserved Yet because the Money that is necessary for the conservation of the Publick must be raised out of the Subjects Estates in whose Wealth and Happiness the strength of a Nation does consist it therefore concerns Princes to use their best Endeavours that the fortunes of their Subjects improve and flourish as particularly by giving Orders how the fruits of the Earth and Water may be received in the most plentiful measure and that men employ their Industry on things of Domestick growth not purchasing at their Expence that Labour from others which themselves are able conveniently to undergo That all Mechanick Arts and Merchandise and in Maritime places Navigation be encourag'd as of great consequence to the Common-wealth That Idleness be banish'd from amongst them and Frugality be restored by Sumptuary Laws contrived on purpose to avoid superfluous Expences especially those which occasion the transporting of Riches out of the Kingdom Whereof if the Prince is pleas'd to set an Example in his own Person it is likely to prove of greater force than all the Laws besides FINDING also that the internal XII Factions and Parties Health and Strength of a Nation proceeds in a particular manner from the Vnity that is between the People and according as this happens to be more and more perfect the power of the Government diffuses it self through the whole Body with so much the greater Efficacy it is yet a further care incumbent upon Princes to hinder both the growth of publick Factions as well as of private Associations of particular persons by Agreements amongst themselves As also to see that neither all nor any of the Subjects under any pretence whatsoever Religious or Civil do retain a dependence upon a Stranger within or without the Kingdom more than upon their lawful Prince in whom alone before all others all their Expectations ought to be reposed Lastly SINCE the Peace of Nations XIII Of War and Peace with forein Nations in reference to one another depends upon no very great Certainties it ought to be the endeavour of Princes to encourage Valour and Military Studies in their Subjects having all things as Fortifications Arms Men and Money which is the Sinews of Business ready prepared in case of an Assult to repel it though not voluntarily to begin one upon another Nation even after sufficient Cause of War given unless invited by a very safe opportunity and the Publicks being in a good Condition conveniently to go through with the undertaking For the same Reason it is proper to observe and search into the Counsels and Proceedings of Neighbours with all exactness and to enter with them into Leagues and Alliances as prudently as so great a Concern requires CHAP. XII Of the Special Laws of a Community relating to the Civil Government IT now remains that we take a View I. What they are of the particular parts of Supreme Government together with such Circumstances thereunto belonging as we find are worthy to be observ'd In the first place there are the Civil Laws meaning the Acts and Constitutions of the highest Civil Authority for the time being ordained to direct the Subject in the course of his Life as to what things he ought to do and what to omit THEY are called Civil upon two accounts II. Why so call'd especially that is either in regard of their Authority or their Original In the first sense all manner of Laws whatsoever of force whereby to try and decide Causes in a Court of Civil Judicature let their Original be what it will may pass under that denomination In the other we call only those Laws Civil which derive their Original from the Will of the Supreme Civil Government treating upon the Subject of such things as neither the Laws of God or Nature have determined yet are found to conduce much to the profit of Particular Common-wealths AS nothing therefore ought to be made III. The Law of Nature to be reinforced by them the Subject of a Civil Law but what relates to the good of the Common-wealth that does ordain it So it seeming in the highest degree expedient towards the beauty and ease of living in a Community that in particular the Law of Nature should be diligently observ'd by all people it lies upon Supreme Governours
Administrator only and standing obliged to apply all to the purposes that are design'd by them And neither of the two Patrimonies can be alienated by the Prince without the Peoples Consent MUCH less can a whole Kingdom that VI. Neither Royal Power nor Allegiance alienable is not held patrimonially or any part of it be alienated without their consent to it and in the latter case particularly the consent of that part that is to be alienated As on the other hand no Subject against the will of his Community can possibly disingage himself from the bonds of his Duty and Allegiance to it unless the force of forein Enemies reduces him to such a Condition that he had no other way to be safe CHAP. XVI Of War and Peace ALTHOUGH nothing is more agreeable I. Necessity of War sometimes to the Laws of Nature than the mutual Peace of men with one another preserved by the Voluntary Application of each person to his duty living together in a State of Peace being a peculiar distinction of men from Brutes Yet it is sometimes both lawful and necessary to go to War when by means of another's Injustice we cannot without the use of Force preserve what is our own nor enjoy those Rights which are properly ours But here common Prudence and Humaty do admonish us to forbear our Arms there where the prosecution of the injuries we resent is likely to return more hurt upon us and ours than it can do good THE just Causes upon which a War may II. Just Causes of War be undertaken come all to these The Preservation of our selves and what we have against an unjust Invasion and this sort of War is call'd Defensive The Maintenance and Recovery of our Rights from those that refuse to pay them The reparation of Injuries done to us and Caution against them for the future And this sort of War is call'd Offensive NOT that upon a Prince's taking himself III. Amicable Composition to be injured he is presently to fly to Arms especially if any thing about the Right or Fact in Controversie remains yet under dispute But first let him try to compose the matter in an amicable way by Treaties by appeal to Arbitrators or by submitting the matter in question to the decision of a Lot and those Methods are the rather to be chosen by that Party who claims from another because Possession with any shew of Right is wont to meet with the most favourable Constructions THE unjust Causes of War are either IV. Vnjust Causes of War those which openly to all the World are such as Ambition and Covetousness and what may be reduced thereto or those that admit of a faint and imperfect Colour to be pretended in their excuse Of this kind there is Variety As the fear of a Neighbors growing Wealth and Power Conveniency of a Possession to which yet no Right can be made out Desire of a better Habitation the denial of common Favours the folly of the Possessor the desire of extinguishing anothers Title lawfully acquired because it may be prejudicial to us c. AND though the most proper way of V. Of Deceits in War acting in War is by that of Force and Terrour Yet it is altogether as lawful to attack an Enemy by Stratagems and Wiles provided that the Faith and Trust which you give him is inviolably observed It is lawful to deceive him by Stories and feign'd Narrations not by Promises and Covenants BUT concerning the Violence which VI. Violence may be used against him and what belongs to him we must distinguish betwixt what it is possible for him to suffer without injustice and what we may easily inflict without the breach of Humanity Whoever declares himself my Enemy as he makes profession by that very act of enterprizing upon me the greatest Mischiefs in the World So at the same time he fully indulges me the leave to employ the utmost of my Power without Mercy against himself Yet Humanity commands me as far as the fury of War will permit that I do my Enemy no more harm than the defence or vindication of my right requires with care to my security for the time to come WE commonly divide War into Solemn VII Solemn and unsolemn Wars and Vnsolemn To a Solemn War it is required that it be made on both sides by the Authority of the Sovereign Governours and preceded by a publick Declaration The other either is not publickly denounc'd or perhaps is begun amongst private persons To which latter Head belongs also Civil Wars AS the Power of making War in all VIII Power of making War Nations lies in the same hands that are intrusted with the Government So it is a matter above the Authority of a Subordinate Magistrate to engage in without a delegation from thence though he could suppose with reason that were they consulted upon the matter they would be pleased with it Indeed all Military Governors of fortified places and Provinces having Forces under them to command upon the defence thereof may understand it to be enjoin'd them by the very Design of their Employments to repel an Invader from the parts committed to their trust by all the ways they can But they are not rashly to carry the War into an Enemies Countrey IN a State of Natural Liberty a Person IX Wars occasion'd by protecting of Refugees is assaulted by Force only for the injuries that are done by himself But in a Community a War often happens upon the Governor or the whole Body when neither of them has committed any thing To make this appear just it is necessary the act of a third Party must by some way or other pass upon them Now Governors do partake of the Offences not onely of their proper Subjects but of others that occasionally fly to them if either the Offences are done by their Permission or that they receive and protect the Offender The sufferance of an Offence becomes then blameable when at the same time that one knows of the doing it he has a power to hinder it Things openly and frequently done by the Subjects are supposed to be known to their Governors in whom it is always presum'd there is a Power also to prohibit unless a manifest proof appears of its defect Yet to make it an occasion of War to give Admittance and Protection to a Criminal who flies to us for the sake only of escaping his Punishment is what must proceed rather by virtue of a particular Agreement betwixt Allies and Neighbours than from any common Obligation unless the Fugitive being in our Dominions contrives Hostilities against the Common-wealth he deserts ANOTHER received Custom betwixt X. Reprisals Nations is when a Debt is owing from one to another which sometimes comes to be occasion'd by not administring of Justice rightly to arrest the effects of the private Subjects of the Nation indebted and assign them to the use and satisfaction of those of
their own to whom particularly the Debt is owing leaving such as by this means have the misfortune to lose their Goods to seek for Restitution of the Party that is really guilty of the Debt And these Executions use to be call'd Reprisals which commonly prove to be the forerunners of War A War may be made by a person not XI Of Wars in the defence of others only for himself but for another In order to do this with Honesty it is requisite that He for whom the War is undertaken shall have a just Cause and his Friend a probable Reason why he will become an Enemy to that other for his sake Amongst those in whose behalf it is not only lawful but our Duty to make War there is in the first place our Natural Subjects as well severally as the universal Body of them provided that the War will not evidently involve the State in greater mischiefs still Next there is the Allies with whom we have engaged to associate our Arms by Treaty Yet therein not only giving the Precedence to our own Subjects if they should chance to stand in need of assistance at the same juncture but presupposing also that the Allies have a just Cause and begin the War with Prudence After our Allies our Friends deserve to be assisted by us even without our Obligation to do it by a special Promise And where there is no other reason the common Relation alone of men to men may be sufficient when the party imploring our aid is unjustly oppress'd to engage our endeavours as far as with convenience we are able to promote his Defence THE liberty that is in War of killing XII The liberty of killing c in War plundering and laying all things wast extends it self to so very large a Compass that though a man carries his Rage beyond the uttermost bounds of Humanity yet in the opinion of Nations he is not to be accounted infamous or one that ought to be avoided by persons of Worth Excepting that amongst the more Civilized World they look upon some particular Methods of doing hurt to Enemies to be base as poisoning or corrupting of Soldiers or Subjects to kill their Masters c. MOVEABLE things are understood XIII Of things taken in War to be Taken in War then when they are carried out of the reach of the Enemy who before possess'd them And Things immoveable when we have them within our Custody so that we can beat the Enemy away from thence Yet the right of the former Possessor to retake the same is never utterly extinguish'd until he renounces all his pretensions to them by a subsequent Agreement For without this it will be always lawful what by force is lost by force to retrieve again The Soldiers fight by the Authority of the Publick and whatever they obtain from the Enemy they get it not for themselves but properly for the Community they serve Only it is customary in most places to leave to them by Connivance the Moveables especially those of small Value that they take in the place of a Reward or perhaps their Pay and for an Encouragement to them to be free of their Blood besides in the Cases of Necessity When Things immoveable that have been lost to are retaken from the Enemy they return into the possession of the former Owners And Moveables ought to do the same but that amongst most people they are delivered over as a prey to the Army EMPIRE also or Government comes XIV Conquest to be acquired by War not only over the particular persons conquered but entire States To render this lawful and binding upon the Consciences of the Subjects it is Necessary that on the one side the Subjects swear Fidelity to the Conqueror and on the other that the Conqueror cast off the State and Disposition of an Enemy towards them THE Proceedings of War are suspended XV. Truce by a Truce which is an Agreement the State and Occasion of the War remaining still the same as before to abstain on both sides from all acts of Hostility unto a time appointed When that is past if there be no Peace concluded in the Interim they resume their Hostilities again without the formality of a new Declaration NOW Truces are either such as they XV. Treaties of Truce consent to during the continuance of the Expedition whilst both sides keep their Forces on foot or those upon which they quite disband their Forces and lay aside all Military Preparations The first are seldom taken but for a small time The others they may and usually do take for a Continuance so great as to carry the face of a Peace and sometimes also the very Name with the addition of a term of Years only to distinguish it from a perfect Peace indeed which regularly is Eternal and extinguishes the Causes of the War for ever Those that they call tacit Truces oblige to nothing For as on both sides they lie quiet for their pleasure so whenever they think fit they may break out into acts of Hostility BUT when a Peace is mutually ratified XVI Treaties of Peace by each Sovereign Governor upon Articles and Conditions agreed betwixt themselves which they engage to observe and put in Execution faithfully by a time prescribed Then a War is perfectly ended In confirmation whereof it is usual not only for both Parties to take their Oaths and interchange Hostages but for some others oftentimes especially amongst the Assistants at the Treaty to undertake the Guaranty of the same with promises of Aid to him whoever is first injured by the other in opposition to the Articles of the Peace that is made CHAP. XVII Of Alliances ALLIANCES interchangeably passed I. Alliances twofold betwixt Sovereign Governours are of good use both in times of War and Peace They may be divided in respect of their Subject either into such as reinforce the Duty already incumbent on us from the Law of Nature or such as superadd some thing to the Precepts of that Law at least they determin their Obligation to such or such particular Actions which before seem'd indefinite BY the first sort are meant Treaties of II. Treaties of Peace Peace wherein nothing more is agreed upon than the simple exercise of Humanity towards one another or a forbearance of Mischief and Violence Or perhaps they may establish a general sort of Friendship betwixt them not mentioning particulars or fix the Rules of Hospitality and Commerce according to the directions of the Law of Nature THE others of the latter sort are call'd III. Equal Leagues Leagues and are either Equal or Vnequal Equal Leagues are so far composed of the same Conditions on both sides that they not only promise what is Equal absolutely or at least in proportion to the abilities of man but they stipulate in such a manner too that neither party is to the other obnoxious or in a worse condition UNEQUAL Leagues are those wherein IV.