and Superior with a perfect Equality Let them not multiply Disputes unnecessarily abstain from Corruption be diligent in trying of Causes and careful to lay aside all Affections that may obstruct sincerity in Judgment not fearing the person of any man while they are doing their Duty LET the Officers of War diligently XI Officers of the Army Exercise their men in all occasions and harden them for the enduring the Fatigue of a Military Life and preserve the Discipline of them inviolable Let them not rashly expose them to the danger of the Enemy nor defraud them of any of their Pay or Provisions but procure it for them with all readiness they are able and keep them in the love of their Country without ever seducing them to serve against it ON the other hand let the Soldiers XII Soldiers be content with their Pay without plundering or harrassing the Inhabitants Let them perform their Duty couragiously and generously in the defence of their Country neither running upon danger with Rashness nor avoiding it with Fear Let 'em exercise their Courage upon the Enemy not their Comrades and maintain their several Posts like men preferring an honourable Death before a dishonourable Flight and Life LET the Ministers of the Common-wealth XIII Ambassadors and Envoys in foreign parts be cautions and circumspect quick to discern Solidities from Vanity and Truths from Fables in the highest degree Tenacious of Secrets and obstinately averse to all Corruptions out of their care of the Good of the Common-wealth LET the Officers for Collecting and XIV Officers of the Publick Revenues disposing of the Publick Revenue have a care of using needless Severities and of encreasing the Subjects Burden for their own Gain or through their troublesom and petulant humours Let them misapply nothing of the publick Stock and satisfie the persons who have Money to be paid out of it without delays unnecessary ALL these Particular Duties of Subjects XV. The continuance of the Duties aforesaid continue during the time of Employment And when that ceases the other expire also But their General Duties are in force so long as ever Men continue to be Subjects that is till by either the express or tacit Consent of the Nation they depart thence to fix the Seat of their Fortunes elsewhere that they are banisht and deprived of the Rights of Subjects for their Crimes or being overcome in Battel they are forced to yield to the disposal of the Conqueror The End BOOKS Printed for and Sold by Charles Harper at the Flower-de Luce over against S. Dunstan 's Church in Fleetstreet DOctor Willis's Practice of Physick being the whole Works of that Renowned and Famous Physitian Rendred into English Second Edit with Forty Copper Plates Fol. The Historical and Miscellaneous Tracts of the Reverend and Learned Peter Heylyn D. D. now collected into one Vol. And an Account of the Life of the Author never before Published Fol. The Religion of Protestants a safe Way to Salvation with a Discourse of the Apostolical Institution of Episcopacy By W. Chillingworth M. A. To which in this Edit is added shewing the Reason why he left Popery Fol. The History of Queen Elizabeth By W. Cambden King at Arms. Fourth Edition Fol. The Second and Third Parts of the Works of Mr. Abraham Cowley The Second containing what was Written and Published by himself in his younger Years Now Reprinted together Sixth Edition The Third Part containing his Six Books of Plants never before Published in English viz. The First and Second of Herbs the Third and Fourth of Flowers the Fifth and Sixth of Trees Now made English by several Hands with necessary Tables to both Parts and divers Poems in Praise of the Author Fol. An Impartial Collection of the great Affairs of State from the beginning of the Scotch Rebellion in the Year 1639 to the Murther of King Charles the First Fol. in 2 Vol. Dugdales Monasticon Anglicanum Fol. The History of the Life Reign and Death of Edward II. King of England and Lord of Ireland Fol. The Laws of Jamaica Fol. Dr. Willis's practical Part of Physick 80 Bishop Vsher's Power of the Prince and the Obedience required of the Subject with a large Preface by Bishop Sanderson 80 Some Animadversions upon a Book Intituled The Theory of the Earth by Herbert Lord Bishop of Hereford 80 Law Books The Lord Coke's Reports in English Fol. Judge Crook's Reports in 3 Vol. Third Edit with References to all the late Reports Fol. The Lord Coke's Commentary on Littleton Fol. His Commentary on Magna Charta Fol. His Pleas of the Crown of the Third Part of the Institutes Fol. His Jurisdiction of Courts or Fourth Part of the Institutes His Eleven Reports in French Fol. Bulstrode's Reports with new References Fol. Leonard's Reports in Four Parts with new References Fol. The Year Books in Ten Vol. the last Edit with new Notes and Tables to them all Fol. 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An Assistance to Justices of the Peace for the easier Performance of their Duty the First Part containing the particular Clauses of all such Statutes from Magna Charta until the 1st of King James II. that do any ways concern a Justice of Peace in the other Part the whole Office of a Justice of Peace is methodically digested with the most approved Presidents under proper Heads to which is now added a Table for the ready finding out the Presidents never before Printed by Jos Keble of Grays-Inn Esq An exact Abridgment of the Records in the Tower of London being of great Use for all that are concerned in Parliamentary Affairs and Professors of the Laws of this Realm collected by Sir Robert Cotton Knight and Baronet Fol. An exact Abridgment of all the Statutes in Form and Use from the beginning of Magna Charta begun by Edmond Wingate of Grays-Inn Esq and since continued under their proper Titles Alphabetically by I. Washington of the Middle Temple Esq to the Year 1689. In this Impression many Hundreds of false References are corrected with great Exactness and Care A Treatise of Moral and Intellectual Vertues wherein their Nature is fully explained and their Usefulness proved as being the best Rules of Life and the Causes of their Decay are inquired into concluding with such Arguments as tend to revive the Practice of them With a Preface shewing the Vanity and Deceitfulness of Vice by I. Hartcliff B. D. and Fellow of Kings Colledge Cambridge
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
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
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
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
devour another But after that by the Constituting of Communities Men were reduc'd into such an Order and Method that they might be safe and secure from mutual Wrongs and Injuries among themselves it was by that means provided that thereby they might the better enjoy those Advantages which are to be reap'd and expected from one another to wit that they might from their Childhood be brought up and instructed in good Manners and that they might invent and improve several kinds of Arts and Sciences whereby the Life of Man might be better provided and furnished with necessary Conveniences AND the Reason will be yet more cogent VIII Farther Penalties for the Constituting of Communities if we consider that other means would not have been capable of curbing the Malice of Men. For although we are enjoyn'd by the Law of Nature not to do any injury one to another yet the respect and reverence to that Law is not of that prevalence as to be a sufficient security for Men to live altogether quietly and undisturb'd in their Natural Liberty For although by accident there may be found some few Men of that moderate quiet temper and disposition that they would do no injury to others though they might escape unpunish'd and there may be likewise some others that in some measure bridle in their disorderly Affections through fear of some mischief that may ensue from thence yet on the contrary there are a great number of such as have no regard at all to Law or Justice whenever they have any prospect of Advantage or any hopes by their own subtile Tricks and Contrivances of being too hard for and deluding the injur'd Party And as it behoves every one that would take care of his own safety to endeavour to secure himself against this sort of Persons so no better care and provision can be made than by means of these Communities and Civil Societies For altho some particular persons may mutually agree together to assist each other yet unless there be some way found out whereby their Opinions and Judgments may be united together and their Wills may be more firmly bound to the performance of what they have agreed upon it will be in vain for any one to expect and rely upon any certain Succour and Assistance from them LASTLY altho the Law of Nature IX Adâ—antage of Penalties does sufficiently insinuare unto Men that they who do any violence or injury to other Men shall not escape unpunish'd yet neither the fear and dread of a Divine Being nor the stings of Conscience are found to be of sufficient efficacy to restrain the Malice and Violence of all Men. For very many Persons through the prejudice of Custom and Education are as it were altogether deaf to the force and power of Reason Whence it comes to pass that they are only intent upon such things as are present taking very little notice of those things which are future and that they are affected only with those things which make a present impression upon their Senses But since the Divine Vengeance is wont to proceed on but slowly from whence many ill Men have taken occasion to refer their evils and misfortunes to other Causes especially since they very often see wicked Men enjoy a plenty and abundance of those things wherein the vulgar sort esteem their Happiness and Felicity to consist Besides the checks of Conscience which precede any wicked Action seem not to be of that force and efficacy as that Punishment which follows the Commission of the Fact when that which is done cannot possibly be undone And therefore the most present and effectual Remedy for the quelling and suppressing the evil Desires and Inclinations of Men is to be provided by the Constituting of Civil Societies CHAP. VI. Of the Internal Frame and Constitution of any State or Government THE next Enquiry we are to make is I. Conjunction necessary upon what bottom Civil Societies have been erected and wherein their Internal Constitution does consist Where in the first place this is manifest that neither any Place nor any sort of Weapons nor any kind of brute Creatures can be capable of affording any better and safer Guard or Defence against the Injuries to which all men are liable by reason of the pravity of Mankind than is one Man to another but since their Power cannot be extended to Places far remote it was necessary that those by whom this End was to be obtain'd should be firmly joined together and associated into Communities NOR is it less evident that the Consent II. Numbers necessary and Agreement of Two or Three particular Persons cannot afford this Security against the Violence of other men Because it may easily happen that such a number may conspire the ruin of those few Persons as may be able to assure themselves of a certain Victory over them and 't is very likely they would with the greater boldness go about such an Enterprise because of their certain hopes of Success and Impunity To this end therefore it is necessary that a very considerable number of men should unite together that so the addition of a few men more to the Enemies may not be of any great moment to determine the Victory on their side AMONG those many which join together III. Agreement to be perpetual in order to this End it is absolutely requisite that there be a perfect Consent and Agreement concerning the Vse of such Means as are most conducive to the End aforesaid For even a great multitude of Men if they do not agree among themselves but are divided and separated in their Opinions will be capable of effecting but very little Or although they may agree for a certain time by reason of some present Motion or Disposition of the mind yet as the Tempers and Inclinations of men are very variable they presently afterwards may divide into Parties And although by Compact they engag'd among themselves that they would employ all their Force for the common Defence and Security Yet neither by this means is there sufficient Provision made that this Agreement of the Multitude shall be permanent and lasting But something more than all this is requisite to wit that they who have once enter'd into a mutual League and Defence for the sake of the Publick Good should be debar'd from separating themselves afterwards when their private Advantage may seem any ways to clash with the Publick Good BUT there are Two Faults which are IV. Faults herein how remedied chiefly incident to Humane Nature and which are the occasion that many who are at their own Liberty and independent one upon the other cannot long hold together for the promoting of any Publick Design The One is the Contrariety of Inclinations and Judgments in determining what is most conducive to such an End to which in many there is join'd a Dulness in discerning that Resolution among several which may be most advantageous and a certain Obstinacy in
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.
another the Paternal Authority indeed ceases but Piety and Observance is for ever due as being founded in the Merits of the Parents whom Children can never or very seldom be supposed to requite Now these Merits do not consist in this only that a Parent is to his Child the Author of Life without which no good can be enjoyed but that they bestow also a chargeable and painful Education upon them that so they may become useful Parts of Humane Society and very often lay up somewhat for them in order to make their Lives more easie and comfortable AND yet though the Education of Children be a Duty laid upon Parents by IX Education entrusted Nature itself it hinders not but that either in case of Necessity or for the benefit of the Children the Care thereof may by them be entrusted with another so still that the Parent reserve to himself the Oversight of the person deputed Hence it is that a Father may not only commit his Son to the Tutorage of proper Teachers but he may give him to another man to adopt him if he perceives it will be advantageous to him And if he have no other way to maintain him rather than he should die for want he may pawn him or sell him into some tolerable servitude reserving still a liberty of redeeming him as soon as either himself shall be able to be at the charge or any of his Kinred shall â—e willing to do it But if any Parent shall inhumanely expose and forsake their Child he who shall take it up and educate it shall have the Fatherly Authority over it so that the Foster-Child shall be bound to pay filial Obedience to his Educator AND as the Father ought not to turn X. Marriage with Parents consent his Child out of his Family while he stands in need of Education and Assistance from him without the most weighty Reasons so also ought not the Son or Daughter leave the Parents House without his Consent Now whereas Children frequently leave their Fathers Family on occasion of Matrimony and since it much concerns Parents what persons their Children are married to and from whom they are to expect Grand-Children hence it is a part of filial Duty herein to comply with the Will of the Parents and not to marry without their Consent But if any do actually contract Matrimony against their liking and consummate the same such Marriage seems not to be void by the Law of Nature especially if they intend to be no longer burthensom to their Parents and that for the rest their Condition be not scandalous So that if in any Country such Marriages are accounted null and void it proceeds from the Municipal Laws of the Place THE Duty of Parents consists chiefly XI Duty of Parents in this that they maintain their Children handsomly and that they so form their Bodies and Minds by a skilful and wise Education as that they may become fit and useful Members of Humane and Civil Society Men of Probity Wisdom and good Temper So that they may apply themselves to some fit and honest way of Living by which they may as their Genius and Opportunity shall offer raise and increase their Fortunes ON the other hand 't is the Duty of XII Duty of Children Children to honour their Parents that is to give them Reverence not only in outward shew but much more with a hearty Respect as the Authors not only of their Lives but of so many other unvaluable Benefits to 'em to obey 'em to be assistant to 'em to their utmost especially if they are aged or in want not to undertake any business of moment without deferring to their Advice and Opinion and lastly to bear with Patience their Moroseness and any other their Infirmities if any such be CHAP. IV. The Duties of Masters and Servants AFTER Mankind came to be multiplied I. Servile State how begun and it was found how conveniently Domestic Affairs might be manag'd by the Service of other men it early became a Practice to take Servants into a Family to do the Offices belonging to the House There at first probably offer'd themselves driven thereto by Necessity or a Consciousness of their own want of Understanding and then being assur'd that they should constantly be supplied with Food and Necessaries they devoted all their Services for ever to their Master And then Wars raging up and down the World it grew a Custom with most Nations that those Captives to whom they granted their Lives should be made Slaves ever after together with the Posterity born of them Though in many Countries no such Servitude is in use but all Domestic Offices are perform'd by Mercenary Servants hired for a certain time NOW as there are several Degrees as II. A temporary Servant it were of Servitude so the Power of the Masters and the Condition of the Servants do vary To a Servant hired for a time the Duty of the Master is to pay him his Wages the other making good on his part the Work as agreed for And because in this Contract the Condition of the Master is the better therefore such Servant is also to pay Respect to his Master according to his Dignity and if he have done his business knavishly or negligently he is liable to Punishment from him provided it go not so far as any grievous Maiming of his Body much less so far as Infliction of Death BUT to such a Servant as voluntarily III. A voluntary perpetual Servant offers himself to a perpetual Servitude the Master is obliged to allow perpetual Maintenance and all Necessaries for this Life it being his Duty on the other hand to give his constant Labour in all Services whereto his Master shall command him and whatsoever he shall gain thereby he is to deliver to him In thus doing however the Master is to have a regard to the Strength and Dexterity of his Servant not exacting rigorously of him what is above his power to do Now this sort of Servant is not only subject to the Chastisement of his Master for his Negligence but the same may correct his Manners which ought to be accommodated to preserve Order and Decency in the Family But he may not fell him against his Will because he chose this for his Master of his own accord and not another and it concerns him much with whom he serves If he have been guilty of any heinous Crime against one not of the same Family he is subject to the Civil Power if he live in a Community but if the Family be independent he may be expell'd But if the Crime be against the same Family it being independent the Head thereof may inflict even Capital Punishment CAPTIVES in War being made IV. Captive Slaves Slaves are frequently treated with greater Severity something of a hostile Rage remaining towards 'em and for that they attempted the worst upon us and our Fortunes But as soon as there intervenes a Mutual