occasioned by the first Mans Transgression and consequently since the Law of Nature does not reach those Things which are above Reason it would be very preposterous to derive it from the State of Man as it was uncorrupt before the Fall especially since even the greatest part of the Precepts of the Decalogue as they are delivered in Negative Terms do manifestly presuppose the depraved State of Man Thus for Example in the First and Second Commandment it seems to be supposed that Mankind was naturally prone to the belief of Polytheism and Idolatry For if you should consider Man as in his Primitive State wherein he had a clear and distinct Knowledg of the Deity as it were by a peculiar Revelation I do not see how it could ever enter into the Thoughts of such a one to frame any thing to himself to which he could pay Reverence instead of or together with the true God or to believe any Divinity to reside in that which his own Hands had form'd therefore there was no necessity of laying an Injunction upon him in Negative Terms that he should not worship other Gods but this Plain Affirmative Precept would have been sufficient Thou shalt love honor and adore God whom you know to have created both yourself and the whole Universe And the same may be said of the Third Commandment for why should it be forbidden in a Negative Precept to blaspheme God to such a one who had at the same time a clear and perfect Understanding of his Bounty and Majesty and who was actuated by no inordinate Affections and whose Mind did chearfully acquiesce in that Condition wherein he was placed by Almighty God How could such a one be Guilty of so great Madness But he needed only to have been admonished by this Affirmative Precept That he should glorifie the Name of God But it seems otherwise of the Fourth and Fifth Commandments which as they are Affirmative Precepts neither do they necessarily presuppose the depraved State of Man they may be admitted Mankind being considered as under either Condition But the thing is very manifest in relation to the other Commandments which concern our Neighbour for it would suffice plainly to have enjoyned Man considered as he was at first created by God that he should love his Neighbour whereto he was beforehand enclined by his own Nature But how could the same Person be commanded that he should not kill when Death had not as yet faln on Mankind which entred into the World upon the account of Sin But now there is very great need of such a Negative Command when instead of loving one another there are stir'd up so great Feuds and Animosities among Men that even a great Part of them is owing purely to Envy or an inordinate Desire of invading what belongs to another so that they make no scruple not only of destroying those that are innocent but even their Friends and such as have done them signal Favors and all this forsooth they are not ashamed to disguise under the specious pretence of Religion and Conscience In like manner what need was there expresly to forbid Adultery among those married Persons whose mutual Love was so ardent and sincere Or what occasion was there to forbid Theft when as yet Covetousness and Poverty were not known nor did any Man think that properly his own which might be useful or profitable to another Or to what purpose was it to forbid the bearing False Witness when as yet there were not any to be found who sought after Honor and Reputation to themselves by Slandering and aspersing others with false and groundless Calumnies So that not unfitly you may here apply the Saying of Tacitus Vetustissimi Mortalium nulla adhuc prava libidine sine probro scelere eoque sine poena aut coercitionibus agebant ubi nihil contra morem cuperent nihil per metum vetabantur Whilst no corrupt Desires deprav'd Mankind the first Men lived without Sin and Wickedness and therefore free from Restraint and Punishment and whereas they coveted nothing but what was their due they were barr'd from nothing by Fear And these things being rightly understood may clear the way for removing this Doubt whether the Law was different or the same in the Primitive State of Nature before the Fall Where it may be briefly answer'd that the most material Heads of the Law were the same in each State but that many particular Precepts did vary according to the diversity of the Condition of Mankind or rather that the same Summary of the Law was explain'd by divers but not contrary Precepts according to the different State of Man by whom that Law was to be observ'd Our Saviour reduc'd the Substance of the Law to two Heads Love God and Love thy Neighbour To these the whole Law of Nature may be referr'd as well in the Primitive as in the deprav'd State of Man unless that in the Primitive State there seems not any or a very small difference between the Law of Nature and Moral Divinity For that Mutual Society which we laid down as a Foundation to the Law of Nature may very well be resolv'd into the Love of our Neighbour But when we descend to particular Precepts there is indeed a very great difference both in relation to the Commands and Prohibitions And as to what concerns the Commands there are many which have place in this State of Mankind which seem not to have been necessary in the Primitive State And that partly because they presuppose such a Condition as 't is not certain could happen to that most happy State of Mankind partly because there can be no Notion of them without admitting Misery and Death which were unknown there As for Instance we are now enjoyn'd by the Precepts of the Law of Nature not to deceive one another in buying or selling not to make use of false Weights or Measures to repay Money that is lent at the appointed time But it is not yet evident whether if Mankind had continued without sin there would have been driven any Trade and Commerce as there is now in the World or whether there would then have been any Occasion for the Use of Mony In like manner if such kind of Communities as are now adays were not to be found in the State of Innocence there would be then likewise no Occasion for those Laws which are presupposed as requisite for the well ordering and Government of such Societies We are also now commanded by the Law of Nature to succour those that are in want to relieve those that are oppressed to take care of Widows and Orphans But it would be to no purpose to have inculcated these Precepts to those who were no ways subject to Misery Poverty or Death The Law of Nature now enjoyns us to forgive Injuries and to use our utmost Endeavours towards the promoting of Peace amongst Mankind which would be unnecessary among those who never offended against the Laws of Mutual
Society And this too is very evident in the Prohibitory Precepts which relate to the Natural not Positive Law For altho every Command does virtually contain in itself a Prohibition of the opposite Vice as for instance he that is commanded to love his Neighbour is at the same time forbidden to do such Actions as may any ways thwart or contradict this Duty of Love yet it seems superfluous that these things should be ordain'd by express Commands where there are no disorderly Inclinations to excite Men to the committing such Wrongs For the Illustration of which this may be taken notice of that Solon would by no Publick Law enact any Punishment for Parricides because he thought that no Child could be guilty of so horrid an Impiety The like whereof we may find in what is reported by Francis Lopez in his History of the West-Indies Chap. 207. concernning the People of Nicaragua he tells us that they had not appointed any Punishment for those who should kill their Prince because say they there can be no Subject who would contrive or perpetrate so base an Action I am afraid it may savour too much of Affectation to enlarge any farther in the Proof of what is in itself so clear and evident Yet I shall add this one Example fitted to the meanest Capacity Suppose there are two Children but of different Dispositions committed to the Care of a certain Person One whereof is Modest and Bashful taking great Delight in his Studies the other proves Unruly Surly giving himself over more to loose Pleasures than to Learning Now the Duty of both of these is the same to follow their Studies but the particular Precepts proper to each are different for it is sufficient to advise the former to what kind of Studies he must apply himself at what time and after what manner they are to be followed But as for the other he must be enjoyned under severe Penalties not to wander abroad not to Game not to sell his Books not to get others to make his Exercises not to play the good Fellow not to run after Harlots Now if any one should undertake in a set Discourse to declaim against these things to him of the contrary Temper the Child may very well enjoyn him Silence and bid him inculcate them to any Body else rather than to him who takes no Delight or Pleasure in such Practices From whence I look upon it as manifest that the Law of Nature would have a quite different Face if we were to consider Man as he was in his Primitive State of Innocence And now since the Bounds and Limits of this Science whereby it is distinguished from Moral Divinity are so clearly set down it ought at least to have the same Priviledges with other Sciences as the Civil Law Physick Natural Philosophy and the Mathematicks wherein if any Unskilful Person presum'd to meddle assuming to himself the Quality of a Censor without any Authority he may fairly have that objected to him which was formerly done by Apelles to Megabyzus who undertook to talk at random about the Art of Painting Pray said he be silent lest the Boys laugh at you who pretend to talk of Matters you do not understand Now upon the whole I am contented to submit my self to the Judgment of Discreet and Intelligent Persons but as for Ignorant and Spiteful Detracters 't is better to leave them to themselves to be punished by their own Folly and Malice since according to the Ancient Proverb The Ethiopian cannot change his Skin CONTENTS BOOK I. Chap. I. OF Human Actions Pag. 1. II. Of the Rule of Human Actions or of Laws in general 25 III. Of the Law of Nature 33 IV. Of the Duty of Man towards God or concerning Natural Religion 50 V. Of the Duty of Man towards himself 64 VI. Of the Duty of one Man towards another and first of doing no Injury to any Man 88 VII The Natural Equality of Men to be acknowledged 98 VIII Of the mutual Duties of Humanity 105 IX The Duty of Men in making Contract 112 X. The Duty of Men in Discourse 131 XI The Duty of those that take an Oath 138 XII Duties to be observed in acquiring Possession of Things 145 XIII The Duties which naturally result from Man's Property in Things 160 XIV Of the Price and Value of Things 164 XV. Of those Contracts in which the Value of things is presupposed and of the Duties thence arising 174 XVI The several Methods by which the Obligations arising from Contracts are dissolv'd 191. XVII Of Meaning or Interpretation 196 BOOK II. Chap. I. OF the Natural State of Men. 207 II. Of the Duties of the married State 220 III. The Duty of Parents and Children 228 IV. The Duties of Masters and Servants 237 V. The impulsive Cause of Constituting Communities 241 VI. Of the internal Frame and Constitution of any State or Government 249 VII Of the several Parts of Government 259 VIII Of the several Forms of Government 265 IX The Qualifications of Civil Government 273 X. How Government especially Monarchical is acquired 276 XI The Duty of supreme Governours 283 XII Of the special Laws of a Community 293 XIII Of the Power of Life and Death 299 XIV Of Reputation 310 XV. Of the Power of Governours over the Goods of their Subjects 316 XVI Of War and Peace 319 XVII Of Alliances 329 XVIII The Duty of Subjects 333 Written by the same AUTHOR and Translated by J. C. THE History of Popedom containing an Account of the Rise Progress and Decay thereof Sold by C. Harper at the Flower-de-luce over against S. Dunstan's Church in Fleetstreet and J. Hindmarsh at the Golden Ball over against the Royal Exchange Cornhill THE Whole Duty of Man According to the LAW of NATURE BOOK I. CHAP. I. Of Human Actions WHAT we mean here by I. What is Duty the word Duty is that Action of a Man which is regularly ordered according to some prescribed Law so far as he is thereto obliged To the understanding whereof it is necessary to premise somewhat as well touching the nature of a Human Action as concerning Laws in general BY a Human Action we mean not II. What a Human Action every motion that proceeds from the faculties of a Man but such only as have their Original and Direction from those faculties which God Almighty has endow'd Mankind withal distinct from Brutes that is such as are undertaken by the Light of the Vnderstanding and the Choice of the Will FOR it is not only put in the power III. Human Capacity of Man to know the various things which appear in the World to compare them one with another and from thence to form to himself new Notions but he is able to look forwards and to consider what he is to do and to carry himself to the performance of it and this to do after some certain Manner and to some certain End and then he can collect what will be the
that other men cannot by any means be hinder'd from the Use of it it is not only in vain to divide or lay claim to it but it is apt to give occasion for insignificant Quarrels THE Methods of acquiring Property V. Twofold Propriety are either Original or Derivative Those deduce Propriety from the beginning of things These transfer Propriety already acquired from one to another The former may be again subdivided into those which are simply such as give immediate Possession of some particular thing and those which have a regard to some other matter whereby some Improvement is made of what we before possess'd AFTER it had been covenanted among VI. Premier Seisin Mankind that Things should be appropriated to this or that man it was also agreed that what things soever had not fallen within that first Division should thereafter become the Propriety of the first Occupant that is of him who before any other should actually seize it with a design of possessing the same So that even at this time the Original Method of acquiring Propriety in many things is only Premier Seisin or the first Occupancy After this manner Titles are made to desolate Regions which no man ever claim'd which become his who first enters upon 'em with an Intention of making them his own provided he cultivate 'em and assign Limits how far he propounds to occupy But when any number of men jointly possess themselves of any tract of Land 't is customary to assign to each Member of the Company a Share and to account what is left undivided to belong to the Society in common By this first Occupancy also are gain'd all the wild Beasts Birds and Fishes living in the Sea Rivers or Lakes thereunto appertaining as well as what by the Sea shall be thrown upon the Shore except particular Laws inhibit the promiscuous Seizure of the same or assign them to some certain Claimant These if we would make our own we must actually seize them and take 'em into our Possession By this Occupancy also we may rightfully acquire possession of things whereof the Propriety which any other person could have is extinct As for instance in things which are cast away with intention of the Owner not to have them any more or in things which at first we lost unwillingly but in time relinquish'd and fore-went To which may be added what the Lawyers call Treasure trove or Money found the Owner whereof is not known which goes to the Finder except by the special Laws of a Countrey it be otherwise provided MOREOVER there are many things VII Accessional Improvements capable of being possess'd which continue not always in the same state but some after several manners increase of themselves or enlarge their Substance to others some external Additions are made many bring forth Fruit and not a few by Mans Labour and Workmanship admit of Improvement All these are comprised under the head of Accessional Advantages and may be divided into two sorts for some without the help of Man accrew from Nature alone while others either wholly or in part are to be attributed to Human Industry Concerning both which this is to be the Rule To him who is the Owner of the Thing to the same belong the Improve ments and Accessional Advantages and he who has form'd any Matter of his own into such or such a Fashion is Owner of that Form or Fashion BUT Cases often happen where either VIII Services by Contract or some different way another man may get a Right to receive a certain Profit out of Things that are ours or to prohibit us the using even of what is our own to every purpose These Rights are wont to be called Services and they are of two sorts either Personal where the Advantage from what belongs to another man comes to the Person immediately or Real where such Benefit is receiv'd from that which is anothers by the means or Mediation of that which is ours among which are accounted the Right of receiving profits of making use of what is anothers of living in such a place of commanding the work of Servants The Real Services are again subdivided into such as regard the City or the Country the first sort are the supporting my Neighbours House or Wall which cannot but bear upon mine affording the benefit of Lights not stopping them up allowing Prospects carrying off the Rain-Water and the like the latter are liberty of Passage for men or Cattel leave to derive or draw Water or to water Cattel or to graze 'em for a time c. All which Services have been introduc'd for the preservation of good Neighbourhood AMONG the derivative Methods of IX Derivative Propriety acquiring Propriety some are when by the Disposal of the Law Things are devolv'd from one upon another others are when Possession is transferred by the former Owner and this sometimes affecting the same in whole and sometimes in part THE Whole of an Estate by the death X. Inheritance of the former Owner generally passes by Succession to the next Heir of the Intestate For it being repugnant to the common Inclinations of Men and altogether disserviceable to the Peace of Mankind that such Possessions should be accounted as foregone and relinquish'd and as left to be a Prey to any one who shall seize them which such Owner had while he lived taken so much care and pains to get Hence by the Dictates of Reason it has obtain'd among all civiliz'd Nations that if any man dies not having disposed of what he had the same shall devolve to those whom according to the general Inclination of Mankind he must be thought to have holden most dear to him And these regularly consider'd are those who descend from us as our Children c. after them those who are of the same Consanguinity according as they are nearly allied And tho there may be many who either for having receiv'd Benefits or from some particular Affection have a greater Respect for persons not at all by Blood related to them than for the nearest Kin yet for Peace sake it is necessary without taking notice of the peculiar Case of some Few rather to follow the universal Propensity of Man and to observe that Method of Succession which is most plain and least obnoxious to Controversies which would be very apt to arise if the Benefactors and Friends of the deceased might be admitted to contest Succession with the next of Kin. So that if a man has a mind to prefer those to whom he stands oblig'd by kindnesses or such as he has on any other account a Love for he is to make such Disposals openly and expresly WHENCE it follows that the next XI Heirs Heirs to any man are his Children which are given by Nature to Parents to be carefully bred and educated and for whom every Parent is supposed to wish a most plentiful Provision and to design to leave whatsoever he shall die
some Crime The first is the case of Slaves whose Condition tho naturally having no Turpitude in it in many Communities places them if possible below Nothing As likewise that of Panders Whores and such like whose lives are accompanied with Vice at least the scandal of it For tho whilst the Community thinks fit publickly to tolerate they participate of the benefit of the Common Protection yet they ought however to be excluded the Society of Civil Persons And we may conclude no less of others who are employ'd in works of Nastiness and Contempt though naturally not including any Vitiousness in them BY Crimes men utterly lose their Reputation IX And his Crimes when the Laws set a brand of Infamy upon them for the same either by Death and so their Memory is disgraced for ever or by Banishment out of the Community or by Confinement in the quality of scandalous and corrupt Members OTHERWISE it is very clear that X. Otherwise Indelible the Natural Honour of no man can be taken from him solely by the will of the Government For how can it be understood that the Government should have a power collated on it which conduces in no degree to the Benefit of the Common-Wealth So neither does it seem as if a real Infamy can be contracted by executing the Commands of the Government barely in the quality of a Minister ACCUMULATIVE Reputation we call XI Accumulative Reputation that by which Persons reciprocally equal as to their Natural Dignity come to be preferr'd to one another according to those Accomplishments which use to move the minds of People to pay them Honour For Honour is properly the signification of our judgment concerning the Excellency of another person THIS sort of Reputation may be considered XII Twofold either as amongst those who continue in the liberty of a State of Nature or amongst the members of the same Common-wealth We will examine what the foundations of it are and how they produce in people both a Capacity to expect the being Honoured by others and an actual Right strictly so call'd to demand it of them as their due THE foundations of an Accumulative XIII The grounds of it Reputation are in general reckoned to be all manner of Endowments either really containing or such as are supposed to contain some great Excellency and Perfection which has plainly a tendency in its effects to answer the ends of the Laws of Nature or Societies Such are Acuteness and readiness of Wit a Capacity to understand several Arts and Sciences a sound Judgment in business a steddy Spirit immoveable by outward Occurrences and equally superiour to Flatteries and Terrors Eloquence Beauty Riches but more especially the performing of brave Actions XIV The distinction of a Capacity and a Right to it ALL these things together produce a Capacity to receive Honour not a Right So that if any person should decline the payment of his Veneration to them he may deserve to be taken notice of for his Incivility but not for an Injury For a perfect Right to be honoured by others and bear the Ensigns thereof proceeds either from an Authority over them or from some mutual agreement or from a Law that is made and approved by one Common Lord and Master AMONGST Princes and Independent XV. Amongst Princes and States States they usually alledg for Honour and Precedence the Antiquity of their Kingdoms and Families the extent and richness of their Territories their Power abroad and at home and the splendour of their Styles Yet neither will all these pretences beget a perfect right in any Prince or State to have the Precedence of others unless the same has been first obtain'd by Concession or Treaty AMONGST Subjects the Degree of Honour XVI Amongst Subjects is determin'd by the Prince who wisely therein regards the Excellency of each Person and his Ability to advance the Publick Good And whatever Honour a Subject receives in this Nature as he may justly claim it against his fellow-Subject so he ought no less to satisfie himself in the quiet enjoyment of it CHAP. XV. Of the Power of Governours over the Goods of their Subjects AS it wholly lies at the pleasure of Supreme Governours to appoint with I. Threefold what Restrictions they will allow their Subjects to have Power over the Goods which themselves derive upon them So also over the Goods of the Subject's own acquiring by their proper industry or otherwise the said Governours claim a threefold kind of Right resulting from the Nature and as being necessary to the End of Communities THEIR first consists in this that it belongs II. By Laws to them to prescribe Laws to the Subjects about the measure and quality of their Possessions and which way to transfer the same from hand to hand with other particulars of the like nature and how to apply them in the Use to the best advantage of the whole Body BY the second they claim to appropriate III. By Taxes and Customs to themselves out of the Goods of the Subjects a Portion by the name of Tribute and Customs And it is but reasonable that since the Lives and Fortunes of all the Members are defended by the Community the necessary Charges thereof should be defray'd by a general Contribution For he must be very impudent indeed who will enjoy the Protection and Priviledges of a Place and yet contribute nothing in Goods or Service towards its Preservation Only herein there will be great occasion for Governors to accommodate themselves with Prudence to the querulous temper of common people and let them endeavour to levy the Mony the most insensibly that they can Observing first an Equality towards all and then to lay the Taxes rather upon the smaller Commodities of various kinds than upon the chief in a more uniform way THE third is a Right of Extraordinary IV. By Seisure for publick use extraordinary Dominion consisting in this that upon an urgent Necessity of State the Goods of any Subject of which the present occasion has need may be taken and applied to publick uses though far exceeding the proportion that the party is bound to contribute towards the expences of the Common-wealth For which reason as much if it be possible ought to be refunded to him again either out of the publick Stock or by the Contribution of the rest of the Subjects BESIDES these three pretensions over V. Publick Revenues unalienable the private in divers Communities there are some particularly call'd the Publick Estate which carry also the name of the Kingdoms or the Princes Patrimony according as they are distributed into the Treasury or the Privy-Purse The latter serves for the maintenance of the Prince and his Family who has a propriety in it during life and may dispose of the Profits thence arising at his pleasure But the Use of the other is appropriated for the publick occasions of the Kingdom the Prince officiating therein as