Physick to soften the obstinate or to divert the evil Intention of another and the like or if the Secrets and Resolutions of a Community are to be kept from publick knowledge we may raise false Rumors in order to conceal them and to mislead the importunate Curiosity of others or if we have an Enemy whom by open force we cannot annoy we may by way of Stratagem make use of any lying Tales to do him Mischief ON the other side if any man be X. Part of the Truth c. bound in Duty to signifie plainly his true meaning to another he is not without blame if he discover only a part of the Truth or amuse him with ambiguous Discourse or use some mental Reservation not allow'd in the common Conversation of men CHAP. XI The Duty of those that take an Oath ALL men agree in the Opinion that I. An Oath an Oath gives a great additional Confirmation to all our Assertions and to those Actions which depend upon our Discourse An Oath is A Religious Asseveration by which we disavow the Divine Clemency or imprecate to our selves the Wrath of God if we speak not the Truth Now when an All-wise and an Almighty Witness and Guaranty is invok'd it causes a strong Presumption of the Truth because no man can easily be thought so wicked as to dare rashly to call down upon himself the grievous Indignation of the Deity Hence it is the Duty of those that take an Oath To take the same with awful Reverence and religiously to observe what they have sworn NOW the End and Vse of an Oath is II. The End and Vse chiefly this To oblige men the more firmly to speak the Truth or to make good their Promises and Contracts out of an awe of the Divine Being who is infinitely Wise and Powerful whose Vengeance they imprecate to themselves when they swear if they wittingly are guilty of Deceit whereas otherwise the Fear of what men can do may not be sufficient because possibly they may hope to oppose or escape their Power or to beguile their Understandings AND since nothing but the Deity is III. Swearing by what Omniscient and Almighty it is absurd to swear by any thing which we do not suppose to be invested with Divinity in this sense as to call upon such Thing to be a Witness to the Oath and an Avenger of the Perjury though 't is true it may be common to name in Oaths some certain thing by which a man may be said to swear in this sense that he implores God if he swears falsly to execute his Vengeance upon that thing chiefly as being most dear and of greatest value to him who swears IV. Forms how to be accommodated IN Oaths the Form which is prescribed by which the person swearing invokes God as a Witness and an Avenger is to be accommodated to the Religion of the said Swearer that is to that Persuasion and Opinion of God which he is of For 't is to no purpose to make a man swear by a God whom he does not believe and consequently does not fear But no man supposes himself to take an Oath in any other Form nor under any other Notion than that which is consonant to the Precepts of his Religion which in his opinion is the true Hence also it is that he who swears by false Gods which yet himself takes to be true ones shall however be oblig'd and if he break his word shall be accounted guilty of Perjury Because he set the general Notion of the Deity before his Eyes 't is no matter what singular Conceptions he might have thereof and so having knowingly forsworn himself he has as much as in him lay violated the Reverence which is due to the Divine Majesty THAT an Oath may be binding 't is VI. Deliberation necessary necessary it be taken with Deliberation Whence he shall not be oblig'd by an Oath who merely recites it or speaking in the first Person dictates the concept formal Words thereof to another who is to say after him But he who shall seriously behave himself as one that is about to swear solemnly shall be oblig'd whatsoever mental Reservations he all the while may harbour in his mind For otherwise all Oaths nay all Methods of mutual Obligation by the Intervention of the plainest Significations would be of no use to humane Life if any man by his tacit Intention could hinder such an Act from producing those Effects which were the very Design of its being done OATHS do not of themselves produce VI. Oaths how obliging any new and particular Obligation but are superinduced upon an Obligation that was before valid as an Accessional Strength to the Engagement For always when we swear we have somewhat under our Contemplation which not made good we provoke the Divine Wrath upon our selves and this 't were absurd to think if it were not unlawful not to perform what is supposed and consequently not oblig'd so to do beforehand Though sometimes it must be allow'd that the prime Engagement and the Oath too may be comprised in the same Sentence as thus As God help me I 'll give you a hundred Pounds Where the Oath is not superfluous albeit 't is added to a Promise that was valid of it self Because though every good man believe a bare Promise to oblige yet 't is look'd upon to be the more firm when 't is reinforc'd with an Imprecation of Vengeance from above upon a Failure Hence it follows that any Acts which have naturally a flaw in themselves cannot be made obligatory by the Accession of an Oath as neither can a subsequent Oath avoid a former legitimate Engagement or annul that Right which another may claim thereby thus a man would swear in vain not to pay another person what is justly due to him Nor will an Oath be of any validity where it appears that 't was made by the Juror upon supposition of a thing to be done which was not really so and that he would not have so sworn had not he believed it to be done especially if he were cajoled into such his Error by the Craft of him to whom the Oath was made Neither shall he who by setting me under panick Fear forces me to take an Oath have any good title to require my Performance Farthermore an Oath shall have no Obligation upon me to do any unlawful Act or to omit the performing any Duty enjoin'd by the Laws of God or Man Lastly an Oath cannot alter the Nature or Substance of the Contract or Promise to which it is annex'd Hence it cannot oblige to Impossibilities Again a Conditional Promise by the addition of an Oath is not chang'd into Positive or Absolute and to a sworn Promise as well as to one without an Oath Acceptance from the other party is requir'd to make it obligatory BUT the taking of an Oath has this VII Punishment Effect among men for the sake of that
THE Whole Duty of Man According to the LAW OF NATURE By that famous Civilian SAMVEL PVFFENDORF Professor of the Law of Nature and Nations in the University of Heidelberg and in the Caroline University afterwards Counsellour and Historiographer to the K. of Sweden and to his Electoral Highness of Brandenburg Now made English Licensed and Entred according to Law Quod ad nos Pertinet nescire malum est agitamus Hor. S. 2. 7. LONDON Printed by Benj. Motte for Charles Harper at the Flower-de-luce over-against S. Dunstan's Church Fleetstreet MDCXCI To his Honour'd Friend Mr. GEORGE WHITE Of London MERCHANT This TRACTATE Concerning the Law of Nature IS Offer'd Dedicated Presented BY His humblest and most obliged Servant The Translator TO THE READER THE Translator having observ'd in most of the Disputes wherewith the present Age is disquieted frequent Appeals made and that very properly from Laws and Ordinances of a meaner Rank to the everlasting Law of Nature gave himself the Pains to turn over several Writers on that Subject He chanc'd he thinks with great Reason to entertain an Opinion that this Author was the clearest the fullest and the most unprejudic'd of any he met with and hereupon that he might the better possess himself of his Reasonings he attempted to render the Work into Mother-Tongue after he had first endeavoured to set several better hands upon the Undertaking who all for one Reason or other declin'd the Toil. He thought when 't was done it might be as acceptable to one or other to read it as it had been to himself to translate it If he have not done right to the Author as he hopes he has not miss'd in any material Point he is very willing to be corrected The Work 't is true is as it were an Epitome of the Author 's large Volume but having been extracted and publisht by Himself the Reader cannot be under any doubt but that he has the Quintessence of what is there deliver'd What is par'd off being mostly Cases in the Civil Law Refutations of other Authors and some Notions too fine and unnecessary for a Manual Concerning the Author 't is enough to say that he has surely had as great regard paid him from Personages of the highest degree as perhaps ever was given to the most learned of men being invited from his Native Country first by the Elector Palatine to be Professor of the Law of Nature and Nations in the University of Heidelberg then by the King of Sweden to honour his new-raised Academy by accepting the same Charge therein and afterwards being admitted of the Council and made Historiographer both to the same King and to his Electoral Highness of Brandenburgh Where except he be very lately dead he lives at this time in the greatest respect of all men of Sense and Understanding The AUTHOR'S PREFACE HAD not the Custom which has so generally obtain'd among Learned men almost procur'd to itself the force of a Law it might seem altogether superfluous to premise a Word concerning the Reason of the present Undertaking the Thing itself plainly declaring my whole Design to be the giving as short and yet if I mistake not as plain and perspicuous a Compendium of the most material Articles of the Law of Nature as was possible and this lest if those who betake themselves to this sort of Study should enter the vast Fields of Knowledge without having fully imbib'd the Rudiments thereof should at first sight be terrified and confounded by the Copiousness and Difficulty of the Matters occurring therein And at the same time it seems plainly a very expedient Work for the Publick that the minds of Youth especially should be early imbued with that Moral Learning for which they will have such manifest occasion and so frequent use through the whole Course of the Lives And although I have always look'd upon it as a Work deserving no great Honour to Epitomize the larger Writings of others and more especially ones own yet having thus done out of Submission to the commanding Authority of my Superiors I hope no honest man will blame me for having endeavour'd hereby the improvement of the Understandings of young Men more particularly to whom so great regard is to be had that whatsoever Work is undertaken for their sakes though it may not be capable of great Acuteness or splendid Eloquence yet it is not to be accounted unworthy of any mans Pains Beside that no Man in his Wits will deny that these Principles thus laid down are more conducive to the understanding of all Law in general than any Elements of the Law Civil can be And this might have suffic'd for the present but I am minded by some that it would not be improper to lay down some few Particulars which will conduce much to a right Understanding of the Constitution of the Law of Nature and for the better ascertaining its just Bounds and Limits And this I have been the more ready to do that I might on this occasion obviate the Pretences of some over-nice Gentlemen who are apt to pass their squeamish Censures on this sort of Learning which in many Instances is wholly separate from their Province Now 't is very manifest that Men derive the Knowledge of their Duty and what is fit to be done or to be avoided in this Life as it were from three Springs or Fountain-Heads to wit from the Light of Nature from the Laws and Constitutions of Countries and from the special Revelation of Almighty God From the first of these proceed all those most common and ordinary Duties of a man more particularly those that constitute him a sociable Creature with the rest of Mankind from the second are derived all the Duties of a Man as he is a Member of any particular City or Common-wealth from the third result all the Duties of a Christian Man And from hence proceed three distinct Sciences the first of which is of the Law of Nature common to all Nations the second is of the Civil or Municipal Law peculiar to each Country which is or may be as manifold and various as there are different States and Governments in the World the third is Moral Divinity as it is contra-distinct to that Part of Divinity which explains the Articles of our Faith Each of these Sciences have a peculiar way of proving their Maxims according to their own Principles The Law of Nature asserts that this or that thing ought to be done because from right Reason it is concluded that the same is necessary for the Preservation of Society amongst men Of Civil Laws and Constitutions the supreme Reason is the Will of the Law-giver The Obligation of Moral Divinity lies wholly in this because God in the sacred Scripture has so commanded Now as the Civil Law presupposes the Law of Nature as the more general Science so if there be any thing contained in the Civil Law wherein the Law of Nature is altogether silent we must not therefore
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
for rendring men Illustrious if rightly temper'd with Prudence and Magnanimity The Dispensation whereof and the Manner are to be regulated according to the Condition of the Giver and Receiver Wherein care is first of all to be taken that the Bounty we are about to exercise do not more hurt than good to the person to whom we design a kindness and to others next that our Bounty be not greater than consists with our Ability then that the worthiness of men be regarded in our distribution and preference given to the well-deserving that we consider how far each stands in need of our help and observe the degrees of Relation among men moreover 't is to be known what every one wants most and what they can or cannot compass with or without our assistance The Manner also of exercising acts of Kindness will render them more acceptable if they be done chearfully readily and heartily AND then he who receives a Benefit VI. Gratitude ought to have a grateful Mind by which he is to make it manifest that it was acceptable to him and that for its sake he has kind wishes for the Donor and that he wants nothing but an opportunity or an ability of making if possible a Requital of the full value or more For it is not absolutely necessary that the Returns we make be exactly tantamount to the Courtesie we receive but our Good-Will and hearty Endeavour are in lieu to be accepted Not but that sometimes he who pretends to have done me a kindness may not have reason to say he has obliged me as if a man shall drag me out of the Water into which he push'd me before I owe him no thanks for that NOW by how much the more Benefits VII Thanks are apt to oblige and place engagements on the minds of men by so much ought the party who is beholden be the more eager to return his Thanks If it be but because we ought not to suffer our Benefactor who out of a good opinion he had of us has done us a kindness to think worse of us and because we should not receive any Favour but with a design to endeavour that the Giver shall never have cause to repent of what he has done for us For if for any particular reason we are not willing to be beholden to such or such a man he may civilly avoid the accepting of the Courtesie And truly if no grateful Returns were to be made upon the Receipt of Benefits it would be unreasonable for any man to cast away what he has and to do a good turn where beforehand he is sure it will be slighted By which means all Beneficence Good-Will and brotherly Love would be lost among men and there would be no such thing as doing kindnesses frankly nor any opportunities of procuring mutual Friendships left in the World AND though the ungrateful man cannot VIII Ingratitude be precisely said to do a Wrong yet the charge of Ingratitude is look'd upon as more base more odious and detestable than that of Injustice because 't is judg'd a sign of an abject and rascally Soul for a man to shew himself unworthy of the good opinion which another had entertain'd of his Probity and not to be mov'd to some sense of Humanity by Benefits which have a power to tame even the Brutes But let Ingratitude be never so abominable yet simply consider'd as it is a bare Forgetting of a Courtesie and a Neglect of making a due return upon occasion Courts of Judicature take no cognizance of it for it would lose the name of Bounty if it were redemandable by Law as Money lent is because then it would be a Credit And whereas it is a high instance of Generosity to be grateful it would cease to be a generous Action when so to do could not be avoided Beside that it would take up the business of all Courts by reason of the great difficulty in making an Estimate of all the Circumstances which either would enhanse or lessen the Benefit And that it was to this end I bestow'd it to wit that I did not therefore demand a Promise of Repayment that so the other might have an occasion of shewing his Gratitude not for fear of Punishment but out of love to Honesty and to manifest that it was not in hopes of Gain but only out of mere Kindness that I was liberal of that which I would not take care should be reimburs'd to me But for him who improves his Ingratitude and not only gives no thanks to but injures his Benefactor this shall cause an Aggravation of his Punishment because it plainly demonstrates the profligate Villany and Baseness of his Mind CHAP. IX The Duty of men in making Contracts FROM the Duties Absolute to those I. Contracts that are Conditional we must take our Passage as it were through the intermediate Contracts for since all Duties except those already mention'd seem to presuppose some Covenant either express'd or imply'd we shall therefore in the next place treat of the Nature of Contracts and what is to be observ'd by the parties concern'd therein NOW it is plain that it was absolutely II. The Necessity of them necessary for men to enter into mutual Contracts For though the Duties of Humanity diffuse themselves far and near through all the instances of the Life of Man yet that alone is not Ground sufficient whereon to fix all the Obligations which may be necessary to be made reciprocal between one and another For all men are not endow'd with so much Good Nature as that they will do all good Offices to every man out of mere kindness except they have some certain expectation of receiving the like again and very often it happens that the Services we would have to be done to us by other men are of that sort that we cannot with Modesty desire them Frequently also it may not become one of my Fortune or in my Station to be beholden to another for such a thing So that many times another cannot give neither are we willing to accept unless that other receive an Equivalent from us and it happens not seldom that my Neighbor knows not how he may be serviceable to my occasions Therefore that these mutual good Offices which are the Product of Sociality may be more freely and regularly exercised it was necessary that men should agree among themselves concerning what was to be done on this side and on that which no man from the Law of Nature alone could have assur'd himself of So that it was before-hand to be adjusted what this man doing so by his Neighbour he was to expect in lieu of the same and which he might lawfully demand This is done by means of Promises and Contracts WITH respect to this general Duty it III. Veracity is an Obligation of the Law of Nature that every man keep his Word or fulfil his Promises and make good his Contracts For without this a
an Instrument of Human Society Discourse is there is no man can be ignorant since many have made that only an Argument to prove Man to be by Nature design'd for a Social Life Now that a lawful and beneficial use may be made hereof for the good of the same Human Society the Law of Nature has given men this for a Duty That no man deceive another either by Discourse or any other Signs which customarily are accepted to express our inward meaning BUT that the Nature of Discourse may II. Vniform Signification of Words be more throughly understood it must first be known that there is a twofold Obligation respecting Discourse whether express'd with the Voice or written in Characters The first is that those who make use of the same Language are oblig'd to apply such certain Words to such certain Things according as Custom has made them to signifie in each Language For since neither any Words nor any particular strokes form'd into Letters can naturally denote any certain Thing otherwise all Languages and Characters for writing would be the same and hence the use of the Tongue would be to no purpose if every man might call every Thing by what Name he pleased it is absolutely necessary among those who speak the same Language that there be a tacit Agreement between 'em that this certain Thing shall be so or so called and not otherwise So that unless an uniform Application of Words be agreed upon 't will be impossible for one man to gather the Meaning of another from his Talk By virtue then of this tacit Compact every man is bound in his common Discourse to apply his Words to that Sense which agrees with the receiv'd Signification thereof in that Language from whence also it follows that albeit a mans Sentiments may differ from what he expresses in Words yet in the Affairs of Human Life he must be look'd upon as intending what he says though as was said perhaps his inward Meaning be the clean contrary For since we cannot be inform'd of anothers Mind otherwise than by outward Signs all use of Discourse would be to no purpose if by mental Reservation which any man may form as he lists it might be in his power to elude what he had declared by Signs usually accepted to that end THE other Obligation which concerns III. Discourse to be plain Discourse consists in this that every man ought by his Words so to express to another his Meaning that he may be plainly understood Not but that it is in a Mans power to be silent as well as to speak and whereas no man is bound to tell every one what he bears in his mind it is necessary that there be some peculiar Obligation that shall engage him first to speak and then so to speak as that another shall fully understand his Meaning Such Obligation may arise from a particular Compact or some common Precept of the Law Natural or from the Nature of the present Affair in which Speech is made use of For oftentimes a Bargain is made expresly with a man that he shall disclose to me all that he knows in some matter as suppose I desired to be instructed in any Science frequently also I may be commanded by some Precept of the Law of Nature to communicate my Skill to another that by this means I may be helpful to him or that I may save him from Mischief or that I may not give him some cause or occasion of receiving a Harm and lastly the present Case may require me to declare my Opinion in a Matter wherein another is concern'd as it happens often in Contracts of the greatest Importance BUT because it cannot always happen that IV. Silence upon any of these heads I am oblig'd to signifie my thoughts upon any matter it is plain that I am not bound to disclose in Words any more than another has a Right either perfect or imperfect to require So that I may by holding my tongue lawfully conceal what he has no just Claim to the knowledge of or to the discovery whereof I lie under no Obligation however earnestly it be desired NAY Since Speech was not only ordain'd V. Counterfeit Discourse for the use of others but our own benefit also therefore whensoever my private Interest is concern'd and it occasions Damage to no body else I may so order my Words that they may communicate a Sense different from that which I bear in my mind Lastly BECAUSE oftentimes those to VI. Figurative Speech whom we talk upon some matters may be so disposed that from a downright and plain Discourse they would perceive the true State of the Case which ought rather to be concealed because a full knowledge would not procure the good end we drive at but be a detriment to 'em we may in such Cases use a figurative or shadow'd way of Speech which shall not directly represent our Meaning and plain Sense to the Hearers For he who would and ought to benefit another cannot be bound to attempt it after such a manner as shall incapacitate him from obtaining his End FROM what has been said may be gather'd VII Verity wherein that Verity consists for their regard to which good men are so much celebrated to wit that our Words do fitly represent our Meaning to any other person who ought to understand them and which it is our Duty to express plainly to him either by a perfect or imperfect Obligation and this to the end either that he upon knowing our minds may make to himself some Benefit thereby or that he may avoid some undeserv'd Evil which he would incur upon a wrong understanding of the case Hence by the by it is manifest that it is not always to be accounted Lying when even for the nonce a Tale is told concerning any thing in such a manner as does not exactly quadrate with the Thing it self nor with our own Opinion of it and consequently that the Congruity of Words with Things which constitutes the Logical Verity is not in all points the same with Moral Truth ON the contrary that is rightly called a Lye when our Words bear a different VIII A Lye Signification from that which we think in our minds whereas the person to whom we direct our Discourse has a Right to understand the thing as it really is and we are under an Obligation of making our Meaning plain to him FROM what is said it appears that IX Vntruth those are by no means chargeable with Lying who entertain Children or the like with Fables and fictitious Discourses for their better Information they being supposed uncapable of the naked Truth As neither are those who make use of a feign'd Story to some good end which could not be attain'd by speaking the plain Truth suppose to protect an Innocent to appease an angry man to comfort one who is in sorrow to encourage the fearful to persuade a nauseating Patient to take his
be restrain'd inasmuch as such Absurdity would thence otherwise arise 2. From Want of that Reason which might chiefly cause him to be of that mind Hence in a General Expression those Cases are not comprehended which do no ways agree with the Sole and Adequate Reason of the Law 3. From Defect of Matter which always he that speaks is suppos'd to have consider'd And therefore all those General Words are to be regarded with relation to the same NOW that an emergent State of Things XII Emergent Cases is repugnant to the Intention of the Person who made the Constitution may be discover'd either from Natural Reason or else from some declared mark and Signification of his Meaning The First happens when we must exclude Equity if some certain Cases be not exempted from the Universal Law For Equity is the Correcting of what is defective in the Law by reason of its Vniversality And because all Cases could neither be foreseen nor set down because of the infinite variety of them therefore when General Words are apply'd to special Cases those Cases are to be look'd upon as Exempt which the Lawgiver himself would likewise have exempted if he had been consulted upon such a Case But we must not have recourse to Equity unless there be very sufficient Grounds for it The Chiefest of which is if it be evident that the Law of Nature would be violated if we follow too closely the Letter of that Law The next Ground of Exception is that tho it be not indeed unlawful to keep to the very words of the Law yet if upon an impartial consideration the Thing should seem too grievous and burdensom either to Men in General or to some certain Persons or else if the Design be not of that Value as to be purchas'd at so dear a Rate Lastly AN Exception is to be made XIII Exception with regard to Time from a General Expression if Words put in another Place are not indeed directly opposite to the present Law oâ— Agreement but by reason of some Circumstance in Time pro hic nunc cannot be observ'd all at once Here therefore some certain Rules are to be taken notice of in order to understand what Law in that Case when both cannot be observed at the same Time is to be prefer'd 1. That which is only permitted is to give place to what is enjoin'd 2. What must be done at some certain Time is to be prefer'd to that which may be done at any time 3. An Affirmative Precept gives place to the Negative or when the Affirmative Precept cannot be observ'd without the Violation of the Negative the Performance of the former is to be omitted for the present 4. Among Agreements and Laws which are otherwise of equal Authority a Particular is to be prefer'd before a General one 5. Of two Covenants made together at one and the same Time whereof the One is founded upon more honourable and beneficial Reasons than the other it is but equal that the Former should take place of the Latter 6. A Covenant or Contract that is confirm'd by an Oath takes place of one which is not so when both cannot be observ'd at the same time 7. An Imperfect Obligation gives place to that which is perfect 8. The Duty of Beneficence all circumstances rightly compared gives place to the Duty of Gratitude THE Whole Duty of Man According to the LAW Of NATURE BOOK II. CHAP. I. Of the Natural State of Men. IN the next place we are to enquire I. Condition of Man concerning those Duties which are incumbent upon a Man with regard to that particular State wherein he finds himself ordained by Providence to live in the World What we mean by such State is in general that Condition or Degree with all its Relatives in which men being placed they are therefore supposed to be obliged to those or these Performances And such State whatever it be has some peculiar Rights and Offices thereunto belonging THE State of Man then may be distinguish'd II. Twofold Natural and Adventitious into either Natural or Adventitious The Natural State by the help of the Light of Natural Reason alone is to be considered as threefold either as it regards God our Creator or as it concerns every single man as to Himself or as it affects other men concerning all which we have spoken before THE Natural State of Man consider'd III. Natural State threefold First in the first mention'd way is that Condition wherein he is plac'd by the Creator pursuant to his Divine Will that he should be the most excellent Animal in the whole Creation From the consideration of which State it follows that Man ought to acknowledge the Author of his Being to pay him Adoration and to admire the Works of his hands and moreover to lead his Life after a different manner from that of the Brutes So that the contrary to this State is the Life and Condition of Brutes IN the second way we may contemplate IV. Second the Natural State of Man by seriously forming in our minds an Idea of what his Condition would be if every one were left alone to himself without any help from other men especially considering the present Circumstances under which we at this time find Humane Nature Which would certainly be much more miserable than that of a Beast if we think with our selves with what weakness man enters this World so that he must immediately perish except he be sustained by others and how rude a Life he must lead if he could procure nothing for himself but by means of his own single Strength and Skill But 't is plain that we owe it all to the aid of other persons that we are able to pass through so many Infirmities from our Infancy to Manhood that we enjoy an infinite number of Conveniences that we can improve our Minds and Bodies to such a degree as to be useful to our selves and our Neighbour And in this sense the Natural State is opposed to a Life not cultivated by the Industry of men AFTER the third way we are to regard V. Third the Natural State of Man according as Men are understood to stand in respect to one another merely from that common Alliance which results from the Likeness of their Natures before any mutual Agreement made or other Deed of Man perform'd by which one could become obnoxious to the Power of another In which Sense those are said to live reciprocally in a State of Nature who acknowledge no common Superior and of whom none can pretend Dominion over his fellow and who do not render themselves known to each other either by the doing or good turns or injuries And this State in this Sense distinguishes it self from the Condition of Man in a Community MOREOVER the Property of this VI. Consider'd again two ways Natural State may be consider'd either as it is represented to us Notionally and by way of Fiction or as it
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
to authenticate the said Law with the Force and efficacy of a Civil Law For since indeed the wickedness of a great part of Mankind is arrived to a degree which neither the apparent Excellency of the Law of Nature nor the fear of God himself is sufficient to restrain the most effectual Method remaining to preserve the happiness of living in a Community is by the authority of the Government to inforce the Natural by the Civil Laws and supply the Disability of the one with the Power of the other NOW the Force and Power which is in IV. The Penal Sanction Civil Laws consists in this that to the Assertory part of the Statute concerning Things to be done or omitted there is annex'd a Penal Sanction rehearsing the Punishment that is appointed to attend a man in a Court of Justice for omitting what he ought to do or doing what he ought to omit Of which kind of Sanctions the Laws of Nature being of themselves destitute the breaking of them does not fall under the punishment of any Court in this World but yet is reserv'd for the Judgment of the Tribunal of God MORE particularly it is inconsistent V. Of Actions with the nature of living in a Community for every one what he accounts to be his due to exact it of his own proper Violence So that here the Civil Laws come in to the assistance of the Natural For they allow the Creditor the benefit of an Action whereby the Debt that is owing to him by Virtue of a Law of Nature with the help of the Magistrate may be demanded and recovered in a Court of Justice according to the Course of the Laws of the Kingdom whereas without such enforcement of the said Laws you can extort nothing from a Debtor against his Will but must entirely depend upon his Conscience and Honour The Civil Laws admit of Actions chiefly in the Case of those Obligations that are contracted betwixt Parties by an express Bond or Covenant For as to other Affairs where the Obligation arises from some indefinite Duty of the Law of Nature the Civil Laws make them not subject to an Action at all on purpose to give occasion to good men to exercise their Virtue to their more extraordinary Praise when it is evident they do that which is just and honest without Compulsion Beside that freqently the point in question may not be of Consequence enough to trouble a Court about it AND whereas the Law of Nature commands VI. The prosecution of them many things at large in an indefinite manner and leaves the application of them to every one in his own breast the Civil Laws being careful of the Honour and Tranquillity of the Community prescribe a certain time manner place persons and other circumstances for the due prosecution of those Actions with the proposal of a Reward upon occasion to encourage people to enter upon them And when any thing is obscure in the Law of Nature the Civil Laws explain it Which Explication the Subjects are obliged to receive and follow although their own private Opinions do otherwise lead them to a contrary sense So that there being thus a number of VII Form Actions left by the Law of Nature to be considered according to the will and judgment of each person which nevertheless in a Common-wealth ought to be regularly stated for the greater Decency and Quiet of the same it uses to be the care of the Civil Laws to reduce all those Actions with their respective Concerns to a proper Form as we see it is in Wills Contracts and divers other Cases from whence it comes that they limit us as they do in the exercise of several Rights to the use whereof the Law of Nature left us much at liberty FOR so far as the Civil Laws do not VIII The Obedience due to the Civil Laws openly contradict the Law of God the Subject stands oblig'd to obey them not merely out of fear of Punishment but by an internal Obligation confirm'd by the Precepts of the Law of Nature it self This being one of them amongst others that Subjects ought to obey their lawful Sovereigns NAY it is their Duty to obey even IX And to the particular Commands of the Sovereign the personal Commands of their Sovereigns no less than they do the Common Laws of the Kingdom Only here they must observe whether the thing commanded is to be done by them as in their own Names in the quality of an Action belonging properly to Subjects to do or whether it be barely to undertake the Execution of an Affair for the Sovereign in consequence of that Authority which he has to command it In the latter Case the Necessity that is imposed upon the Subject excuses him from Sin though the Fact it self is a Sin in the Sovereign to command But in the other for a Subject as in his own name to do a thing which is repugnant to the Laws of God and Nature it can never be lawful And this is the reason why if a Subject takes up Arms in an unjust War at the Command of his Sovereign he sins not Yet if he condemns the Innocent or accuses and witnesses against them falsely upon the like Command he sins For as he serves in War he serves in the name of the Publick but acting as a Judge Witness or Accuser he does it in his Own CHAP. XIII Of the Power of Life and Death THE Civil Government that is Supreme I. Twofold in every State has a Right over the Lives of its Subjects either indirectly when it exposes their Lives in defence of the Publick or directly in the punishment of Crimes FOR when the force of Foreiners in an II. Indirectly Invasion which often happens is to be repell'd by Force Or that we cannot without the use of Violence obtain our Rights of them it is lawful for the Government by its Supreme Authority to compel the Subjects to enter into its Service not thereby purposely intending their Death only their Lives are exposed unto some Danger of it On which occasions that they may be able to behave themselves with Skill and Bravery it is fit they should be exercised and prepared for the purpose Now the Fear of Danger ought not to preâ—â—il with any Subject to render himself uncapable of undergoing the duties of a Soldier Much less ought it to tempt a man that is actually in Arms to desert the Station appointed him who ought to fight it out to the last drop of his blood unless he knows it to be the will of his Commander that he should rather preserve his Life than his Post or if he be certain that the maintaining of such Post is not of so great importance as the preservation of the Lives engaged therein THE Government claims a Power III. Directly to take away the Lives of Subjects directly upon the occasion of any heinous Crimes committed by them whereon it passes judgment
Administrator only and standing obliged to apply all to the purposes that are design'd by them And neither of the two Patrimonies can be alienated by the Prince without the Peoples Consent MUCH less can a whole Kingdom that VI. Neither Royal Power nor Allegiance alienable is not held patrimonially or any part of it be alienated without their consent to it and in the latter case particularly the consent of that part that is to be alienated As on the other hand no Subject against the will of his Community can possibly disingage himself from the bonds of his Duty and Allegiance to it unless the force of forein Enemies reduces him to such a Condition that he had no other way to be safe CHAP. XVI Of War and Peace ALTHOUGH nothing is more agreeable I. Necessity of War sometimes to the Laws of Nature than the mutual Peace of men with one another preserved by the Voluntary Application of each person to his duty living together in a State of Peace being a peculiar distinction of men from Brutes Yet it is sometimes both lawful and necessary to go to War when by means of another's Injustice we cannot without the use of Force preserve what is our own nor enjoy those Rights which are properly ours But here common Prudence and Humaty do admonish us to forbear our Arms there where the prosecution of the injuries we resent is likely to return more hurt upon us and ours than it can do good THE just Causes upon which a War may II. Just Causes of War be undertaken come all to these The Preservation of our selves and what we have against an unjust Invasion and this sort of War is call'd Defensive The Maintenance and Recovery of our Rights from those that refuse to pay them The reparation of Injuries done to us and Caution against them for the future And this sort of War is call'd Offensive NOT that upon a Prince's taking himself III. Amicable Composition to be injured he is presently to fly to Arms especially if any thing about the Right or Fact in Controversie remains yet under dispute But first let him try to compose the matter in an amicable way by Treaties by appeal to Arbitrators or by submitting the matter in question to the decision of a Lot and those Methods are the rather to be chosen by that Party who claims from another because Possession with any shew of Right is wont to meet with the most favourable Constructions THE unjust Causes of War are either IV. Vnjust Causes of War those which openly to all the World are such as Ambition and Covetousness and what may be reduced thereto or those that admit of a faint and imperfect Colour to be pretended in their excuse Of this kind there is Variety As the fear of a Neighbors growing Wealth and Power Conveniency of a Possession to which yet no Right can be made out Desire of a better Habitation the denial of common Favours the folly of the Possessor the desire of extinguishing anothers Title lawfully acquired because it may be prejudicial to us c. AND though the most proper way of V. Of Deceits in War acting in War is by that of Force and Terrour Yet it is altogether as lawful to attack an Enemy by Stratagems and Wiles provided that the Faith and Trust which you give him is inviolably observed It is lawful to deceive him by Stories and feign'd Narrations not by Promises and Covenants BUT concerning the Violence which VI. Violence may be used against him and what belongs to him we must distinguish betwixt what it is possible for him to suffer without injustice and what we may easily inflict without the breach of Humanity Whoever declares himself my Enemy as he makes profession by that very act of enterprizing upon me the greatest Mischiefs in the World So at the same time he fully indulges me the leave to employ the utmost of my Power without Mercy against himself Yet Humanity commands me as far as the fury of War will permit that I do my Enemy no more harm than the defence or vindication of my right requires with care to my security for the time to come WE commonly divide War into Solemn VII Solemn and unsolemn Wars and Vnsolemn To a Solemn War it is required that it be made on both sides by the Authority of the Sovereign Governours and preceded by a publick Declaration The other either is not publickly denounc'd or perhaps is begun amongst private persons To which latter Head belongs also Civil Wars AS the Power of making War in all VIII Power of making War Nations lies in the same hands that are intrusted with the Government So it is a matter above the Authority of a Subordinate Magistrate to engage in without a delegation from thence though he could suppose with reason that were they consulted upon the matter they would be pleased with it Indeed all Military Governors of fortified places and Provinces having Forces under them to command upon the defence thereof may understand it to be enjoin'd them by the very Design of their Employments to repel an Invader from the parts committed to their trust by all the ways they can But they are not rashly to carry the War into an Enemies Countrey IN a State of Natural Liberty a Person IX Wars occasion'd by protecting of Refugees is assaulted by Force only for the injuries that are done by himself But in a Community a War often happens upon the Governor or the whole Body when neither of them has committed any thing To make this appear just it is necessary the act of a third Party must by some way or other pass upon them Now Governors do partake of the Offences not onely of their proper Subjects but of others that occasionally fly to them if either the Offences are done by their Permission or that they receive and protect the Offender The sufferance of an Offence becomes then blameable when at the same time that one knows of the doing it he has a power to hinder it Things openly and frequently done by the Subjects are supposed to be known to their Governors in whom it is always presum'd there is a Power also to prohibit unless a manifest proof appears of its defect Yet to make it an occasion of War to give Admittance and Protection to a Criminal who flies to us for the sake only of escaping his Punishment is what must proceed rather by virtue of a particular Agreement betwixt Allies and Neighbours than from any common Obligation unless the Fugitive being in our Dominions contrives Hostilities against the Common-wealth he deserts ANOTHER received Custom betwixt X. Reprisals Nations is when a Debt is owing from one to another which sometimes comes to be occasion'd by not administring of Justice rightly to arrest the effects of the private Subjects of the Nation indebted and assign them to the use and satisfaction of those of
in this state it is apt to procure an Abhorrence rather than a favourable Interpretation of what is done by its Impulse NOW of Human Actions as those are XVI Actions Involuntary called Voluntary which proceed from and are directed by the Will so if any thing be done wittingly altogether against the Will these are call'd Involuntary taking the word in the narrowest sense for taking it in the largest it comprehends even those which are done through Ignorance But Involuntary in this place is to signifie the same as forc'd that is when by an external Power which is stronger a man is compell'd to use his Members in any Action to which he yet signifies his Dissent and Aversion by Signs and particularly by counterstriving with his Body Less properly those Actions are also called Involuntary which by the Imposition of a great Necessity are chosen to be done as the lesser Evil and for the Acting whereof the person had the greatest abomination had he not been set under such Necessity These Actions therefore are called mixt With Voluntary Actions they have this in common that in the present State of things the Will chuses them as the lesser Evil. With the Involuntary they are after a sort the same as to the Effect because they render the Agent either not at all or not so heinously blameable as if they had been done spontaneously THOSE Human Actions then which XVII Voluntary Actions imputable proceed from and are directed by the Vnderstanding and the Will have particularly this natural Propriety that they may be imputed to the Doer that is that a Man may justly be said to be the Author of them and be obliged to render an Account of such his Doing and the Consequences thereof whether good or bad are chargeable upon him For there can be no truer reason why any Action should be imputable to a Man than that he did it either mediately or immediately knowingly and willingly or that it was in his power to have done the same or to have let it alone Hence it obtains as the prime Axiom in matters of Morality which are liable to the Human Forum That every man is accountable for all such Actions the performance or omission of which were in his own Choice Or which is tantamount That every Action capable of human direction is chargeable upon him who might or might not have done it So on the contrary no man can be reputed the Author of that Action which neither in itself nor in its cause was in his Power FROM these Premises we shall deduce XVIII Conclusions from the Premises some particular Propositions by which shall be ascertain'd What every man ought to be accountable for or in other words which are those Actions and Consequences of which any one is to be charged as Author NONE of those Actions which are The first Conclusion done by another man nor any operation of whatsoever other things neither any Accident can be imputable to another person but so far forth as it was in his Power or as he was obliged to guide such Action For nothing is more common in the world than to subject the Doings of one Man to the Manage and Direction of another Here then if any thing be perpetrated by one which had not been done if the other had performed his Duty and exerted his Power this Action shall not only be chargeable upon him who immediately did the fact but upon the other also who neglected to make use of his Authority and Power And yet this is to be understood with some restriction so as that Possibility may be taken morally and in a large sense For no Subjection can be so strict as to extinguish all manner of liberty in the person subjected but so that 't will be in his Power to resist and act quite contrary to the direction of his Superior neither will the state of Human Nature bear that any one should be perpetually affix'd to the side of another so as to observe all his motions Therefore when a Superiour has done every thing that was required by the Rules of his Director-ship and yet somewhat is acted amiss this shall be laid only to the charge of him that did it Thus whereas Man exercises dominion over other Animals what is done by them to the detriment of another shall be charg'd upon the Owner as supposing him to have been wanting of due Care and Circumspection So also all those Mischiefs which are brought upon another may be imputed to that person who when he could and ought yet did not take out of the way the Cause and Occasion thereof Accordingly it being in the power of Men to promote or suspend the Operations of many Natural Agents whatsoever Advantage or Damage is wrought by these they shall be accountable for by whose application or neglect the same was occasion'd Beside sometimes there are extraordinary Cases when a man shall be charg'd with such Events as are above human Direction as when God shall do particular Works with regard to some single person These and the like Cases being excepted for all the rest it suffices if a Man can give an Account of his own doings WHATSOEVER Qualifications a XIX The second Conclusion Man hath or hath not which it is not in his power to exert or not to exert must not be imputed to him unless so far as he is wanting in Industry to supply such Natural Defect or does not rowse up his native Faculties So because no man can give himself an Acuteness of Judgment and Strength of Body therefore no one is to be blamed for want of either or commended for having them except so far as he improv'd or neglected the cultivating thereof Thus Clownishness is not blameable in a Rustic but in a Courtier or Citizen And hence it is that those Reproaches are to be judg'd extremely absurd which are grounded upon Qualities the Causes of which are not in our power as Short Stature a deform'd Countenance and the like THOSE things which are done XX. The third Conclusion through invincible Ignorance are not imputable Because we cannot properly direct our Action unless by the Light of the Understanding and 't is here supposed Man is unable to procure such Light neither are we to blame that we cannot Now in the common affairs of Life the word Possible is to be morally understood and by Ability is meant that Faculty Diligence and Circumspection which is commonly judg'd to suffice and which is well supported with probable reasons Ignorance of or Error concerning the XXI The fourth Conclusion Laws and that Duty which is incumbent upon every man does not excuse from blame For whosoever imposes Laws and Services is wont and ought to take care that the Subject have notice thereof And these Laws and Rules of Duty generally are and should be ordered to the Capacity of such Subject if they are such as he is oblig'd to know and remember
actually drive another way yet we find our selves hereby struck as it were with an internal Sense that if our Action be not perform'd according to the prescript Rule we cannot but confess we have not done right and if any mischief happen to us upon that account we may fairly charge our selves with the same because it might have been avoided if the Rule had been follow'd as it ought AND there are two reasons why Man IV. Man subject to Obligation should be subject to an Obligation one is because he is endow'd with a Will which may be divers ways directed and so be conform'd to a Rule the other because Man is not exempt from the power of a Superior For where the Faculties of any Agent are by Nature form'd only for one way of acting there 't is to no purpose to expect any thing to be done of choice and to such a Creature 't is in vain to prescribe any Rule because 't is uncapable of understanding the same or conforming its actions thereto Now if there be any one who has no Superior then there is no power that can of right impose a Necessity upon him and if he perpetually observes a certain Rule in what he does and constantly abstains from doing many things he is not to be understood to act thus from any Obligation that lay upon him but from his own good pleasure It will follow then that He should be capable of Obligation who has a Superior and is able to understand the Rule prescribed and is endued with a Will which may be directed several ways and yet which when the Law is promulg'd by his Superior knows he cannot rightly depart therefrom And with all these Faculties 't is plain Mankind is furnish'd AN Obligation is superinduc'd upon V. Who can oblige the Wills of Men properly by a Superior that is not only by such a one as being greater or stronger can punish Gainsayers but by him who has just reasons to have a power to restrain the Liberty of our Will at his own pleasure Now when any man has either of these as soon as he has signified what he would have it necessarily stirs up in the mind of the party concern'd Fear mixt with Reverence towards the first in contemplation of his Power and toward the second for the sake of those other Reasons which even without Fear ought to allure any man to a compliance with his Will For he that can give me no other reason for putting me under an Obligation against my Will beside this that he 's too strong for me he truly may so terrifie me that I may think it better to obey him for a while than suffer a greater Evil but when this Fear is over nothing any longer hinders but that I may act after my own choice and not his On the contrary he that has nothing but Arguments to prove that I should obey him but wants Power to do me any Mischief if I deny I may with Impunity slight his commands except one more potent take upon him to make good his despised Authority Now the Reasons upon which one man may justly exact Subjection from another are If he have been to the other the Original of some extraordinary Good and if it be plain that he designs the others Welfare and is able to provide better for him than 't is possible for himelf to do and on the same account does actually lay claim to the Government of him and lastly if any one does voluntarily surrender his Liberty to another and subject himself to his Direction FURTHERMORE that a Law may VI. The Legislator and the true meaning of the Law to be known exert its force in the minds of those to whom it is promulg'd it is required that both the Legislator and the Law also be known For no man can pay obedience if he know not whom he is to obey and what he is to perform Now the knowledge of the Legislator is very easie because from the light of Reason 't is certain the same must be the Author of all the Laws of Nature who was the Creator of the Vniverse Nor can any man in Civil Society be ignorant who it is that has power over him Then for the Laws of Nature it shall be hereafter declared how we come to the knowledge of them And as to the Laws of a mans Country or City the Subject has notice given of them by a Publication plainly and openly made In which these two things ought to be ascertain'd that the Author of the Law is he who hath the supreme Authority in the Community and that this or that is the true meaning of the Law The first of these is known if he shall promulge the Law with his own Mouth or deliver it under his own Hand or else if the same be done by such as are delegated to that purpose by him whose Authority 't is in vain to call in question if it be manifest that such their acting belongs to that Office they bear in the Publick and that they are regularly plac'd in the Administration thereof if these Laws are to be put judicially in Execution and if they contain nothing derogatory to the Sovereign Power That the latter that is the true Sense of the Law be known it is the Duty of those who promulge it in so doing to use the greatest Perspicuity and Plainness and if any thing obscure do occur therein an Explanation is to be sought of the Legislator or of those who are publickly constituted to give judgment according to Law OF every perfect Law there are two VII Two parts of a perfect Law parts One whereby it is directed what is to be done or omitted the other wherein is declared what punishment he shall incur who neglects to do what is commanded or attempts that which is prohibited For as through the Pravity of Human Nature ever inclining to things forbidden it is to no purpose to say Do this if no Punishment shall be undergone by him who disobeys so it were absurd to say You shall be punish'd except some reason preceded by which a Punishment was deserv'd Thus then all the force of a Law consists in signifying what the Superior requires or forbids to be done and what Punishment shall be inflicted upon the Violators But the power of obliging that is of imposing an intrinsick Necessity and the power of forcing or by the proposal of Punishments compelling the Observation of Laws is properly in the Legislator and in him to whom the Guardianship and Execution of the Laws is committed WHATSOEVER is enjoyn'd by any VIII Other Essentials Law ought not only to be in the power of him to perform on whom the Injunction is laid but it ought to contain somewhat advantageous either to him or others For as it would be absurd and cruel to exact the doing of any thing from another under a Penalty which it is and always was beyond his power to
fellow than he is capable of effecting it Whence this must be inferred that in order to his Preservation 't is absolutely necessary that he be sociable that is that he joyn with those of his kind and that he so behave himself towards them that they may have no justifiable cause to do him Harm but rather to promote and secure to him all his Interests THE Rules then of this Fellowship VII Law Natural defin'd which are the Laws of Human Society whereby men are directed how to render themselves useful Members thereof and without which it falls to pieces are called the Laws of Nature FROM what has been said it appears IX The Means design'd where the End is so that this is a fundamental Law of Nature That every man ought as much as in him lies to preserve and promote Society that is the Welfare of Mankind And since he that designs the End cannot but be supposed to design those Means without which the End cannot be obtain'd it follows that all such Actions as tend generally and are absolutely necessary to the preservation of this Society are commanded by the Law of Nature as on the contrary those that disturb and dissolve it are forbidden by the same All other Precepts are to be accounted only Subsumptions or Consequences upon this Universal Law the Evidence whereof is made out by that Natural Light which is engrafted in Mankind NOW though these Rules do plainly X. A God and Providence contain that which is for the general Good yet that the same may obtain the force of Laws it must necessarily be presupposed that there is a God who governs all things by his Providence and that He has enjoyned us Mortals to observe these Dictates of our Reason as Laws promulg'd by him to us by the powerful Mediation of that Light which is born with us Otherwise we might perhaps pay some obedience to them in contemplation of their Vtility so as we observe the Directions of Physicians in regard to our Health but not as Laws to the Constitution of which a Superior is necessary to be supposed and that such a one as has actually undertaken the Government of the other BUT that God is the Author of the XI The same farther demonstrated Law of Nature is thus demonstrated considering Mankind only in its present State without enquiring whether the first Condition of us Mortals were different from this nor how the Change was wrought Whereas our Nature is so framed that Mankind cannot be preserv'd without a sociable Life and whereas it is plain that the Mind of Man is capable of all those Notions which are subservient to this purpose and it is also manifest that Men not only like the other Creatures owe their Original to God but that He governs them let their Condition be as it will by the wisdom of his Providence Hence it follows that it must be supposed to be the Will of God that Man should make use of those Faculties with which he is peculiarly endow'd beyond the Brutes to the preservation of his own Nature and consequently that the Life of man should be different from the lawless Life of the Irrational Creatures And since this cannot otherwise be atchiev'd but by an Observance of the Law Natural it must be understood that there is from God an obligation laid upon Man to pay obedience hereto as a Means not invented by the Wit or imposed by the Will of Men nor capable of being chang'd by their Humours and Inclinations but expresly ordain'd by God himself in order to the accomplishing this End For he that obliges us to persue such an End must be thought to oblige us to make use of those Means which are necessary to the attainment thereof And that the Social Life is positively enjoyn'd by God upon Men this is a Proof that in no other Animal is to be found any Sense of Religion or Fear of a Deity which seems not so much as to fall within the Understanding of the ungovernable Brute and yet it has the power to excite in the minds of Men not altogether profligate the tenderest Sense by which they are convinc'd that by sinning against this Law Natural they offend him who is Lord of the Soul of Man and who is to be fear'd even where we are secure of any Punishment from our Fellow-Creatures THOUGH it be usually said that we XII This Law how written in Man's Heart have the knowledge of this Law from Nature itself yet this is not so to be taken as if there were implanted in the Minds of men just new-born plain and distinct Notions concerning what is to be done or avoided But Nature is said thus to teach us partly because the knowledge of this Law may be attain'd by the help of the Light of Reason and partly because the general and most useful points thereof are so plain and clear that they at first sight force the Assent and get such root in the minds of men that nothing can eradicate them afterwards let wicked men take never so much pains to blunt the edge and stupifie themselves against the Stings of their Consciences And in this Sense we find in Holy Scripture that this Law is said to be written in the hearts of men So that having from our Childhood had a sense hereof instill'd into us together with other Learning in the usual Methods of Education and yet not being able to remember the punctual time when first they took hold of our Understandings and possessed our Minds we can have no other opinion of our knowledge of this Law but that it was connate to our Beings or born together and at the same time with our selves The Case being the same with every man in learning his Mother-Tongue THOSE Duties which from the Law of XIII Division of Natural Duties Nature are incumbent upon Man seem most aptly to be divided according to the Objects about which they are conversant With regard to which they are ranged under three principal heads the first of which gives us directions how by the single dictates of right Reason Man ought to behave himself towards God the second contains our Duty towards our selves and the third that towards other men But though those Precepts of the Law Natural which have a relation to other men may primarily and directly be derived from that Sociality which we have laid down as a Foundation yet even the Duties of Man towards God may be indirectly deduced from thence upon this account that the strongest obligation to mutual Duties between man and man arises from Religion and a fear of the Deity so as that Man could not become a sociable Creature if he were not imbued with Religion and because Reason alone can go no farther in Religion than as it is useful to promote the common Tranquillity and Sociality or reciprocal Union in this Life For so far forth as Religion procures the Salvation of Souls it proceeds
that is unwilling to receive it nor yet to quit his own title to it therefore when the other denies acceptance he who proffer'd it loses nothing of his Claim thereto If the Promise was occasion'd by a Request before made the same shall be accounted to oblige so long as till such Request be expresly revok'd for in that case the thing will be understood to be accepted beforehand provided yet that what is offer'd be proportion'd to what was desir'd For if it be not then an express Acceptance is requisite because it may often do me no good to answer my Request by halves AS for the Matter of our Promises XVII Impossible Engagements and Contracts it is absolutely necessary that what we promise or make a bargain for be in our power to make good and that so to do be not prohibited by any Law otherwise we engage our selves either foolishly or wickedly Hence it follows that no man is oblig'd to do things impossible But if it be a thing which at the time of the Bargain-making was possible and yet afterwards by some Accident without any fault of the Contracter became altogether impossible the Contract shall be null if there be nothing as yet done in it but if one party have perform'd somewhat towards it what he has advanc'd is to be restor'd to him or an Equivalent given and if this cannot be done by all means it is to be endeavour'd that he suffer no loss thereby For in Contracts that is principally to be regarded which was expresly in the Bargain if this cannot be obtain'd it must suffice to give an Equivalent but if neither can this be had at least the utmost care is to be taken that the party undergo no Damage But where any man shall designedly or by some very blameable miscarriage render himself uncapable of making good his part of the Bargain he is not only oblig'd to use his utmost endeavour but ought also to be punish'd as it were to make up the amends IT is also manifest that we cannot set XVIII Vnlawful Engagements our selves under any obligation to perform what is unlawful For no man can engage himself farther than he hath lawful Authority so to do But that Legislator who prohibits any Action by a Law takes away all legal power of undertaking it and disables any man from obliging himself to perform it For it would imply a Contradiction to suppose that from a Duty enjoin'd by the Laws should flow an Obligation to do that which the same Laws forbid to be done So that he transgresses who promises to do what is unlawful but he is doubly a Transgressor who performs it Hence also it follows that neither are those Promises to be kept the observation of which will be mischievous to him to whom they are made because it is forbidden by the Law-Natural to do hurt to any man even though he do foolishly desire it And if a Contract be made to do some filthy and base thing neither shall be oblig'd to fulfil it If such filthy thing be done by one party pursuant to the Bargain the other shall not be bound to give the Reward agreed for but if any thing be already given on that account it cannot be demanded again AND then it is plain that such Engagements XIX Engagements concerning other men c. and Bargains as we shall make of what belongs to other men are altogether insignificant so far as they are not ours but subject to the Will and Direction of others But if I promise thus I will use my endeavour that such a man always supposing him to be one not absolutely under my command shall do so or so then I am oblig'd by all methods morally possible that is so far as the other can fairly request of me and as will consist with Civility to take pains to move that person to perform what is desired Nay we cannot promise to a third man things in our own possession or Actions to be done by our selves to which another has acquir'd a Right unless it be so order'd as not to be in force till the time of that others Claim is expir'd For he who by antecedent Pacts or Promises has already transferred his Right to another has no more such Right left to pass over to a third person And all manner of Engagements and Bargains would be easily eluded if a man after having contracted with one might be at liberty to enter a Treaty with another wherein Disposals should be made contrary to the first Agreement and with which it is impossible this should consist Which gives foundation to that known Rule First in time prior in Right BESIDE all which it is to be chiefly XX. Conditions various observed concerning Promises that they are wont to be made positively and absolutely or conditionally that is when the Validity thereof relies upon some Event depending on Chance or the Will of Man Now Conditions are either possible or impossible and the former are subdivided into Casual or fortuitous which we cannot cause to be or not to be or Arbitrary or such as are in the power of him to whom the Promise is made that they are or are not comply'd with or else Mixt the fulfilling of which depends partly on the Will of the person receiving the Promise and partly on Chance Impossible Conditions are either such as are naturally or morally so that is some matters are by the Nature of things not capable of being done others are forbidden by the Laws and Rules of Morality and as for these impossible Conditions if we follow the downright way of judging concerning them they bring a Negative sense upon the Promissory words though 't is true by Laws it may be provided that if they are annex'd to a serious business the Pact may remain good rejecting these Conditions as if they had never been made that so men may not have busied themselves about that which otherwise can signifie nothing Lastly WE promise and contract not XXI Mediatory Contracts only in our own persons but oftentimes by the Mediation of other men whom we constitute the Bearers and Interpreters of our Intentions by whose Negotiations if they deal faithfully by us in following the Instructions we gave we are firmly oblig'd to those persons who transacted with them as our Deputies AND thus we have done with the Absolute XXII Conclusion Duties of Man and with those by which we pass to the other The rest do all presuppose some Human Institution founded upon a Vniversal Agreement and so introduc'd into the World or else some peculiar State or Condition And of this sort of Institutions there are three chiefly to be insisted on to wit Speech or Discourse Propriety and the Value of things and the Government of Mankind Of each of these and of the Duties arising there-from we shall next discourse CHAP. X. The Duty of men in Discourse HOW useful and altogether necessary I. General Rule
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
Master of a Family Not still but that any man is excepted from this Duty who be takes himself to a chast single life finding his Constitution accommodated thereto and that he is capable in that rather than in the married State to be useful to Mankind or to the Common-wealth especially also if the Case be so that there is no fear of the want of People BETWEEN those who are about to IV. Matrimonial Contract take upon themselves the Married State a Contract ought and is wont to intervene which if it be regular and perfect consists of these heads First because the Man to whom it is most agreeable to the Nature of both Sexes that the Contract should owe its Original intends hereby to get to himself Children of his own not spurious or supposititious therefore the Woman ought to plight her troth to the Man that she will permit the use of her Body to no other man but to him the same on the other hand being required of the Husband And secondly since nothing can be more flatly contrary to a Social and Civil Life than a vagabond desultory and changeable way of Living without any Home or certain Seat of his Fortunes and since the Education of that which is the Off-spring of both is most conveniently taken care of by the joint help of both Parents together and whereas continual Cohabitation brings more of Pleasure and Comfort to a Couple who are well match'd whereby also the Husband may have the greater Assurance of his Wives Chastity Therefore the Wife does moreover engage her Faith to her Husband that she will always cohabit with him and join herself in the strictest bond of Society and become of the same Family with him And this mutual Promise must be supposed to be made from the Husband to her of the like Cohabitation the Nature of this State so requiring But because it is not only agreeable to the natural Condition of both Sexes that the Case of the Husband should be the more honourable of the two but that he should also be the Head of the Family of which himself is the Author it follows that the Wife ought to be subject to his Direction in matters relating to their mutual State and to their Houshold Hence it is the Prerogative of the Husband to chuse his Habitation and she may not against his Will wander abroad or lodge apart Yet it does not seem essentially necessary to Matrimony that the Man should have power of Life and Death or of inflicting any grievous Punishment as neither of disposing at his pleasure of all the Estate or Goods of his Wife but these points may be settled between the Married Couple by peculiar Agreements or by the municipal Laws of the Place NOW though 't is manifestly repugnant V. One Man and one Woman to the Law of Nature that one Woman should have more Men than one at once yet it obtain'd among the Jews of old and many other Nations that one Man might have two or more Wives Nevertheless let us allow never so little weight to Arguments brought from the Primitive Institution of Marriage deliver'd in Holy Writ yet it will appear from Right Reason that 't is much more decent and fit for one Man to be content with one Woman Which has been approv'd by the Practice of all the Christians through the World that we know of for so many Ages NOR does the Nature of this strict VI. Contract perpetual Union tell us less plainly that the Bond of Matrimony ought to be perpetual and not to be unloosed but by the Death of one Party except the essential Articles of the principal Matrimonial Covenant be violated either by Adultery or a wicked and dishonest Desertion But for ill dispositions which have not the same Effect with such lewd Desertion it has obtain'd among Christians that a Separation from Bed and Bord shall be sufficient without allowing any Engagement in a new Wedlock And one great Reason hereof among others is this that too free a Liberty of Divorce might not give encouragement to either party to cherish a stubborn Temper but rather that the irremediable State of each might persuade both to accommodate their Humours to one another and to stir them both up to mutual Forbearance For the rest if any Essential Article of the Matrimonial Contract be violated the wrong'd Party only is discharg'd from the Oligation the same still binding the other so long as the former shall think good ANY man may contract with any Woman VII Moral Impediments where the Law makes no special Prohibition if their Age and Constitution of Body render them capable of Matrimony except some Moral Impediment be in the way presupposing that he or she is under a Moral Impediment who are already married to some other person AND it is accounted a Moral Impediment VIII Kinred of lawful Matrimony if the parties are too nearly allied by Blood or by Affinity On which score even by the Law of Nature those Marriages are accounted incestuous and wicked which are contracted between any persons related in the Ascending or Descending Line And for those in the other transverse Order as with the Aunt either on the Fathers or Mothers side the Sister c. As also those in Affinity as with the Mother-in-Law Step-Mother Step-Daughter c. not only the positive Divine Law but that of most civiliz'd Nations with whom also all Christians agree does abominate Nay the Special Laws of many Countries forbid Marriage even in the more remote Degrees that so they may keep men from breaking in upon those which are more sacred by setting the Barrier at a greater distance NOW as the Laws are wont to assign IX Ceremony to other Contracts and Bargains some Solemnities which being wanting the Act shall not be adjudg'd of validity so also it is in Matrimony where the Laws require for the sake of Decency and good Order that such or such Ceremonies be perform'd And these though not enjoin'd by the Law Natural yet without the same those who are Subjects of such a Community shall not consummate a legal Matrimony or at least such Contract shall not be allow'd by the Publick to be effectual IT is the Duty of a Husband to love X. Mutual Duties his Wife to cherish direct and protect her and of the Wife to love and honour her Husband to be assistant to him not only in begetting and educating his Children but to bear her part in the Domestick Cares On both sides the Nature of so strict an Union requires that the Married Couple be partakers as well in the good as ill fortune of either and that one succour the other in all Cases of Distress moreover that they prudently accommodate their Humours to each other in which matter it is the Wives Duty to submit CHAP. III. The Duty of Parents and Children FROM Matrimony proceeds Posterity I. Paternal Authority which is subjected to the
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
Fathers side or the Mothers are those two deduced from the several families of the Father and the Mother the Relation whereof is distinguish'd in the Civil Law by the names of Cognation and Agnation The First does not exclude the Women but only postpones them to Males in the same Line for it recurrs to them in the case of the others default But by the second both the Women and all their Issue even Males are excluded for ever WHEN in a Patrimonial Kingdom XII Differences about Succession how to be there arises a Dispute concerning the Succession the most adviseable way to determine it is to put it to the Arbitration of some of the Royal Family And where the Succession originally depended upon the Consent of the People there their Declaration upon the matter will take away the doubt CHAP. XI The Duty of Supreme Governours IF we consider what is the End and I. Nature of Communities and what the parts of Government it will be easie from thence to pass a judgment upon the Rules and Precepts wherein consists the Office of a Prince BEFORE all things it is requisite II. Their proper Studies and Conversation that he apply himself with the utmost Diligence to the study of whatever may conduce to give him a perfect comprehension of the Affairs belonging to a person in his Station because no man can manage a place to his Honour which he does not rightly understand He is therefore to be sequestred from those remote and forein Studies which make nothing to this purpose He must abridg himself in the Use of Pleasures and vain Pastimes that would divert his Attention from this Mark and End And for his more familiar Friends instead of Parasites and Triflers or such as are accomplish'd in nothing but Vanities whose Company ought utterly to be rejected Let him make choice of men of Probity and Sense experienced in Business and skilful in the ways of the World being assured that until he throughly understands as well the Condition of his own State as the disposition of the People under him he will never be able to apply the general Maxims of State-Prudence to the Cases that will occur in Government in such a manner as they ought More especially let him study to be excellent in Virtues that are of the greatest use and lustre in the exercise of his vast Charge and so compose the manners of his Life that they may be answerable to the height of his Glory THE most general Rule to be observed III. The Publick Good the Supreme Law by Governours is this The Good of the Publick is the Supreme Law of all Because in conferring the Government upon them what is there else intended but to secure the common End for which Societies were instituted in the beginning From whence they ought to conclude that whatsoever is not expedient for the Publick to be done neither is it expedient for themselves AND it being necessary in order to IV. Laws Discipline and Religion preserve a people at peace with one another that the Wills and Affections of them should be disposed and regulated according as it is most proper for the Publick Good There ought to be some suitable Laws for the purpose prescribed by Princes and also a publick Discipline established with so much strictness that Custom as well as fear of Punishment may be able to confine men to the practice of their their Duty To which end it is convenient to take care that the Christian Religion after the most pure and most uncorrupt way be profess'd by the Subjects of every Realm or Community and that no Tenets be publickly taught in the Schools that are contrariant to the designs of Government IT will conduce to the advancement of V. The Laws plain and few the same end if in the Affairs which are wont to be most frequently negotiated betwixt the Subjects the Laws which are prescribed are clear and plain and no more in Number than will promote the good of the Kingdom and its Members For considering that men use to deliberate upon the things they ought or ought not to do more by the strength of their natural Reason than their understanding in the Laws whenever the Laws do so abound in Number as not easily to be retain'd in Memory and are so particular in their Matter as to prohibit things which are unprohibited by the light of Reason it must certainly come to pass that innocent Persons who have not had the least ill intention to transgress the Laws will be many times unknowingly hamper'd by them as by Snares to their unreasonable prejudice against the very end of Societies and Government YET it is in vain for Princes to make VI. And duly executed Laws and at the same time suffer the violation of them to pass with impunity They must therefore cause them to be put in Execution both for every honest Person to enjoy his Rights without Vexation Evasions or Delays and also for every Malefactor to receive the punishment due to the quality of his Crime according to the intention and malice in the committing it They are not to extend their Pardons to any without sufficient reason For it is an unjust practice which tends greatly to irritate the minds of people against the Government not to use Equality all Circumstances considered towards persons that are Equal in their deservings AND as nothing ought to be Enacted VII Penalties under a Penalty without the consideration of some profit to the Common-wealth So in the fixing of Penalties proportionably to that end it is fitting to observe a Moderation with care that the damage thence arising to the Subject on the one hand exceed not the advantage that redounds to the Common-wealth on the other In sine to render Penalties effectual in obtaining the end intended by them it is clear they should still be magnified to such a degree as by their severity to out-weigh the contrary gain and pleasure that is possible to proceed from choosing the Crime MOREOVER inasmuch as the design VIII Injuries of people in incorporating together in a Common-wealth is their security from harms and Violence it is the Duty of the Supreme Magistrate to prohibit any injury of one Subject to another so much the more severely because by their constant Cohabitation in the same place they have the fairer opportunities to do them or to resent them Remembring that no distinctions of Quality or Honour derive the least pretence to the greater to insult over the less at their pleasure Neither has any Subject whatsoever the liberty to seek his satisfaction for the Injuries he presumes are done him in the way of a private Revenge For the design of Government is destroy'd by such a Proceeding as this AND although there is no one Prince IX Ministers of State and Judges how ingenious soever in Business that is able in his own person to manage all the Affairs of a