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A56258 The whole duty of man according to the law of nature by that famous civilian Samuel Puffendorf ... ; now made english.; De officio hominis et civis. English Pufendorf, Samuel, Freiherr von, 1632-1694. 1691 (1691) Wing P4182; ESTC R17921 151,736 377

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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
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 ●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
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.
Sojourners NOT that what we have deliver'd concerning XIV Government from God the Original of Civil Societies does any ways hinder but that Civil Government may be truly said to be from God For it being his Will that the Practices of Men should be order'd according to the Law of Nature and yet upon the Multiplication of Mankind Human Life would have become so horrid and confused that hardly any room would have been left for the same to exert its Authority and seeing the Exercise thereof would be much improv'd by the Institution of Civil Societies therefore since he who commands the End must be supposed to command likewise the Means necessary to the said End God also by the mediation of the Dictates of Reason is to be understood antecedently to have will'd that Mankind when they were multiply'd should erect and constitute Civil Societies which are as it were animated with a Supreme Authority The Degrees whereof he expresly approves in Divine Writ ratifying their Divine Institution by Peculiar Laws and declaring that himself takes them into his especial Care and Protection CHAP. VII Of the several Parts of Government WHAT are the Constituent Parts of I. Supreme Power and by what Methods it exerts its Force in Civil Societies may easily be gather'd from the Nature and End of the said Societies IN a Civil Society all Persons are suppos'd II. Will of the Supreme to be made known to have submitted their Will to the Will and Pleasure of the Governours in such Affairs as concern the Safety of the Publick being willing to do whatsoever they require That this may be effected it is necessary that the Governours do signifie to those who are to be govern'd what their Will and Pleasure is concerning such Matters And this they do not only by their Commands directed to particular Persons about particular Affairs but also by certain general Rules whence all Persons may at all times have a clear and distinct Knowledg of what they are to do or to omit By which likewise it is commonly defin'd and determin'd what ought to be look'd upon to be each Man 's Right and Propriety and what does properly belong to Another what is to be esteem'd Lawful and what Unlawful in any Publick Society what Commendable or what Base what every man may do by his own Natural Liberty or how every one may dispose and order his own particular Rights towards the advancement of the common Peace and Tranquillity In fine what and after what manner every one by Right may lay claim to from another For it conduces very much to the Peace and Prosperity of any Civil Society that all these things should be clearly and plainly laid down and determin'd MOREOVER this is the Chief End III. Penalty of Civil Societies that Men by a mutual Agreement and Assistance of one another might be secur'd against the Injuries and Affronts which may and very often do befal us by the Violence of other men Now that this End may the better be obtain'd by those Men with whom we are link'd together in the same Society it is not sufficient that they should mutually agree among themselves not to injure one Another nor is it enough that the bare Will and Pleasure of the Supreme Magistrate should be made known to them but 't is likewise requisite that there should be a certain Fear and Dread of Punishment and a Power and Ability of inflicting the same Which Punishment or Penalty that it may be sufficient for this End is to be so order'd that there may plainly appear a greater Damage in violating the Laws than in observing them and that so the Sharpness and Severity of the Penalty may outweigh the Pleasure and Advantage gotten or expected by doing the Injury Because it is impossible but that of two Evils men should chuse the Least For although there are many men who are not restrain'd from doing Injuries by any prospect of Punishment hanging over their heads yet that is to be look'd upon as a Case that rarely happens and such as considering the present Condition and Frailty of Mankind cannot be wholly avoided BECAUSE also it very often happens IV. Controversies that many Controversies do arise about the Right Application of the Laws to some particular Matters of Fact and that many Things are to be nicely and carefully consider'd in order to determine whether such a Fact may be said to be against Law therefore in order to the establishment of Peace and Quietness amongst the Subjects it is the part of the Supreme Governour to take cognisance of and determine the Controversies arising between Subject and Subject and carefully to examine the Actions of Particular Persons which are found to be contrary to Law and to pronounce and execute such Sentence as shall be Agreeable to the same Law BUT that those who by mutual Agreement V. Power of Peace and War have constituted a Civil Society may be safe against the Insults of Strangers the Supreme Magistrate has Power to assemble to unite into a Body and to Arm or instead of that to list as many Mercenaries as may seem necessary considering the uncertain Number and Strength of the Enemy for the maintaining the Publick Security and it is likewise entirely left to the Discretion of the same Magistrate to make Peace whenever he shall think convenient And since both in times of Peace and War Alliances and Leagues with other Princes and States are of very great Use and Importance that so the different Advantages of divers States and Governments may the better be communicated to each other and the Enemy by their joint Forces may be repuls'd with the greater Vigor or be more easily brought to Terms it is also absolutely in the Power of the Supreme Magistrate to enter into such Leagues and Treaties as he shall think convenient to each Occasion and to oblige all his Subjects to the observation of them and at once to derive and convey down to the whole Civil Society all the Benefits and Advantages thence arising SEEING also the Affairs of any Considerable VI. Publick Officers State as well in time of War as Peace cannot well be manag'd by one Person without the assistance of subordinate Ministers and Magistrates it is requisite that able Men should be appointed by the Supreme Magistrate to decide and determine in his room the Controversies arising between Subject and Subject to enquire into the Counsels of the Neighbouring Princes and States to govern the Soldiery to collect and distribute the Publick Revenue and lastly in every Place to take special care of the common Good And from each of these Persons the Supreme Magistrate may and ought to exact the Performance of their Duty and require an Account of their Behaviour in their respective Stations AND because the Concerns of any VII Taxes Civil Society can neither in time of War nor Peace be manag'd without Expences the Supreme Authority has power to
compel the Subjects to provide the same Which is done several ways either when the Community appropriates a certain Portion of the Revenues of the Country they possess for this Purpose or when each Subject contributes something out of his own Estate and if occasion requires gives also his Personal Help and Assistance or when Customs are set upon Commodities importported and exported of which the first chiefly affects the Subjects and the other Foreiners Or lastly when some moderate Tax is laid on those Commodites which are spent To conclude since the Actions of Each VIII Publick Doctrines Person are govern'd by his own particular Opinion and that most People are apt to pass such a judgment upon Things as they have been accustomed unto and as they commonly see other People judg so that very few are capable of discerning what is just and honest upon this account therefore it is expedient for any Civil Society that such kind of Doctrines should be publickly taught as are agreeable to the Right End and Design of such Societies and that the minds of the Inhabitants should be seasoned betimes with these Principles It does therefore belong to the Supreme Magistrate to constitute and appoint fitting Persons to inform and instruct them publickly in such Doctrines NOW these several parts of Government XV. All these Parts concentred are naturally so connected that to have a Regular Form suitable to any Civil Society all these Parts thereof ought radically to center in One. For if any Part be wanting the Government is defective and uncapable of procuring its End But if these several Parts be divided so that some of them be radically here and others there hence of Necessity will follow an irregular and incoherent State of Things CHAP. VIII Of the several Forms of Government THE Supreme Power consider'd either I. Divers Forms as it resides in a single Man or in a select Council or Assembly of men or of all in General produces diverse Forms of Government NOW the Forms of Government are II. Regular and Irregular either Regular or Irregular Of the first sort are those where the Supreme Power is so united in one particular Subject that the same being firm and entire it carries on by one Supreme Will the whole Business of Government Where this is not found the Form of Government must of necessity be Irregular THERE are Three Regular Forms of III. Three Regular Forms Government The First is when the Supreme Authority is in one Man and that is call'd a Monarchy The second when the same is lodg'd in a select Number of Men and that is an Aristocracy The Third when it is in a Council or Assembly of Free-holders and Principal Citizens and that is a Democracy In the First he who bears the Supreme Rule is stil'd a Monarch in the Second the Nobles and in the Third the People IN all these Forms the Power is indeed IV. Forms compared the same But in one respect Monarchy has a considerable Advantage above the rest that in order to deliberate and determine that is actually to exercise the Government there is no necessity of appointing and fixing certain Times and Places but he may deliberate and determine in any Place and at any Time so that a Monarch is always in a readiness to perform the necessary Actions of Government But that the Nobles and the People who are not as one Natural Person may be able so to do it is necessary that they meet at a certain Time and Place there to debate and resolve upon all Publick Business For the Will and Pleasure of a Council or of the People which results from the Majority of Votes consenting can no otherwise be discover'd BUT as it happens in other matters V. A distemper'd State so in Governments that the same may be sometimes well and at other times scurvily and foolishly manag'd Whence it comes to pass that some States are reputed Sound and others Distemper'd Not that on Account of such kind of Imperfections there is any necessity of setting up any Peculiar Forms of Government But these Distempers of Civil Societies sometimes are in the Persons and sometimes in the Constitution it self Whence the First are stil'd Imperfections of the Men and the Latter Imperfections of the State THE Imperfections of the Men in a VI. Monarchy Monarchy are when he who possesses the Throne is not well skill'd in the Arts of Ruling and takes none or but a very slight Care for the Publick Good prostituting the same to be torn in pieces and sacrific'd to the Ambition or Avarice of Evil Ministers when the same Person becomes terrible by his Cruelty and Rage when also he delights without any real necessity to expose the Publick to Danger when he squanders away by his Luxury and profuse Extravagance those Supplies which were given for the support of the Publick when he heaps up Treasure unreasonably extorted from his Subjects when he is Insolent Haughty or Unjust or guilty of any other scandalous Vice THE Imperfections of the Men in an VII Aristocracy Aristocracy are when by Bribery and base Tricks Ill men and Fools get into the Council and Persons much more deserving than they are excluded When the Nobles are divided into several Factions when they endeavour to make the Common People their Slaves and to convert the Publick Stock to their Private Advantage THE Imperfections of the Men in a Democracy VIII Men in a Democracy are when Silly and Troublesom Persons stickle for their Opinions with great Heat and Obstinacy when those Excellencies which are rather beneficial than hurtful to the Common-wealth are deprest and kept under when through Inconstancy Laws are rashly establish'd and as rashly annull'd and what but just now was very pleasing is immediately without any Reason rejected and when base Fellows are promoted in the Government THE Imperfections of the Men which IX Men in any Government may promiscuously happen in any Form of Government are when those who are entrusted with the Publick Care perform their Duty either amiss or slightly and when the Subjects who have nothing but the Honour of Obeying grow restiff and ungovernable BUT the Imperfections of any Constitution X. Faults in a Constitution are when the Laws thereof are not accommodated to the Temper and Genius of the People or Country or when the Subjects make use of them for fomenting intestine Disturbances or for giving unjust Provocations to their Neighbours or when the said Laws render the Subjects uncapable of discharging those Duties that are necessary for the preservation of the Publick for instance when through their defect the People must of necessity be dissolv'd in Sloth or render'd unfit for the enjoyment of Peace and Plenty or when the Fundamental Constitutions are order'd after such a manner that the Affairs of the Publick cannot be dispatched but too slowly and with difficulty TO these distemper'd Constitutions XI How