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
conclude that the one is any ways repugnant to the other In like manner if in Moral Divinity some things are delivered as from Divine Revelation which by our Reason we are not able to comprehend and which upon that score are above the reach of the Law of Nature it would be very absurd from hence to set the one against the other or to imagine that there is any real Inconsistency between these Sciences On the other hand in the Doctrin of the Law of Nature if any things are to be presupposed because so much may be inferr'd from Reason they are not to be put in Opposition to those things which the holy Scripture on that Subject delivers with greater Clearness but they are only to be taken in an abstracted Sense Thus for Example from the Law of Nature abstracted from the Account we receive thereof in holy Writ there may be formed an Idea of the Condition and State of the first Man as he came into the World only so far as is within the Comprehension of Humane Reason Now to set those things in opposition to what is deliver'd in Sacred Writ concerning the same State would be the greatest Folly and Madness in the World But as it is an easie matter to reconcile the Civil Law with the Law of Nature so it seems a little more difficult to set certain Bounds between the same Law of Nature and Moral Divinity and to define in what Particulars chiefly they differ one from the other And upon this Subject I shall deliver my Opinion briefly not with any Papal Authority as if I was exempted from all Error by any Peculiar Right or Priviledge neither as one who pretends to any Enthusiastick Revelation but only as being desirous to discharge that Province which I have undertaken according to the best of my Ability And as I am willing to hear all Candid and Ingenuous Persons who can inform me better and am very ready to retract what I have said amiss so I do not value those Pragmatical and Positive Censurers and Busie-bodies who boldly concern themselves with things which no ways belong to them of these Persons we have a very Ingenious Character given by Phaedrus They run about says he as mightily concern'd they are very busie even when they have nothing to do they puff and blow without any occasion they are uneasie to themselves and troublesome to every body else Now the Chief Distinction whereby these Sciences are separated from one another proceeds from the different Source or Spring whence each derives its Principles and of which I have already discours'd From whence it follows if there be some things which we are enjoyn'd in Holy Writ either to do or forbear the Necessity whereof cannot be discover'd by Reason alone they are to be look'd upon as out of the Cognizance of the Law of Nature and properly to appertain to Moral Divinity Moreover in Divinity the Law is consider'd as it has the Divine Promise annex'd to it and with relation to the Covenant between God and Man from which consideration the Law of Nature abstracts because the other derives it self from a particular Revelation of God Almighty and which Reason alone could not have found out Besides too there is this Great Difference in that the main End and Design of the Law of Nature is included within the Compass of this Life only and so thereby a Man is inform'd how he is to live in Society with the rest of Mankind But Moral Divinity instructs a Man how to live as a Christian who is not oblig'd to live honesty and vertuously in this World but is besides in earnest expectation of the Reward of his Piety after this Life and therefore he has his Conversation in Heaven but is here only as a Stranger and a Pilgrim For altho the Mind of Man does with very great ardency pursue after Immortality and is extremely averse to its own Destruction and thence it was that most of the Heathens had a strong perswasion of the separate State of the Soul from the Body and that then Good Men should be rewarded and Evil Men punish'd yet notwithstanding such a strong Assurance of the certainty hereof upon which the Mind of Man can firmly and entirely depend is to be deriv'd only from the Word of God Hence it is that the Dictates of the Law of Nature are adapted only to Humane Judicature which does not extend it self beyond this Life and it would be absurd in many respects to apply them to the Divine Forum which concerns itself only about Theology From whence this also follows that because Humane Judicature regards only the external Actions of Man but can no ways reach the Inward Thoughts of the Mind which do not discover themselves by any outward Sign or Effect therefore the Law of Nature is for the most part exercised in forming the outward Actions of Men. But Moral Divinity does not content itself in regulating only the Exterior Actions but is more peculiarly intent in forming the Mind and its internal Motions agreeable to the good Pleasure of the Divine Being disallowing those very Actions which outwardly look well enough but proceed from an impure and corrupted Mind And this seems to be the Reason why the sacred Scripture doth not so frequently treat of those Actions that are enjoyned under certain Penalties by Humane Laws as it doth of those which as Seneca expresses it are out of the reach of any such Constitutions And this will manifestly appear to those who shall carefully consider the Precepts and Virtues that are therein inculcated although even those Christian Virtues do very much dispose the Minds of Men towards the maintaining of Mutual Society so likewise Moral Divinity does mightily promote the Practice of all the main Duties that are enjoyned us in our Civil Deportment So that if you should observe any one behave himself like a restless and troublesome Member in the Common-wealth you may fairly conclude that the Christian Religion has made but a very slight impression on that Person and that it has taken no Root in his Heart And from these Particulars I suppose may be easily discovered not only the certain Bounds and Limits which distinguish the Law of Nature as we have defin d it from Moral Divinity but it may likewise be concluded that the Law of Nature is no ways repugnant to the Maxims of sound Divinity but is only to be abstracted from some particular Doctrines thereof which cannot be fathom'd by the help of Reason alone From whence also it necessarily follows that in the Science of the Law of Nature a Man should be now considered as being depraved in his very Nature and upon that Account as a Creature subject to many vile Inclinations For although none can be so stupid as not to discover in himself many Evil and Inordinate Affections nevertheless unless we were inform'd so much by Sacred Writ it would not appear that this Rebellion of the Will was
occasioned by the first Mans Transgression and consequently since the Law of Nature does not reach those Things which are above Reason it would be very preposterous to derive it from the State of Man as it was uncorrupt before the Fall especially since even the greatest part of the Precepts of the Decalogue as they are delivered in Negative Terms do manifestly presuppose the depraved State of Man Thus for Example in the First and Second Commandment it seems to be supposed that Mankind was naturally prone to the belief of Polytheism and Idolatry For if you should consider Man as in his Primitive State wherein he had a clear and distinct Knowledg of the Deity as it were by a peculiar Revelation I do not see how it could ever enter into the Thoughts of such a one to frame any thing to himself to which he could pay Reverence instead of or together with the true God or to believe any Divinity to reside in that which his own Hands had form'd therefore there was no necessity of laying an Injunction upon him in Negative Terms that he should not worship other Gods but this Plain Affirmative Precept would have been sufficient Thou shalt love honor and adore God whom you know to have created both yourself and the whole Universe And the same may be said of the Third Commandment for why should it be forbidden in a Negative Precept to blaspheme God to such a one who had at the same time a clear and perfect Understanding of his Bounty and Majesty and who was actuated by no inordinate Affections and whose Mind did chearfully acquiesce in that Condition wherein he was placed by Almighty God How could such a one be Guilty of so great Madness But he needed only to have been admonished by this Affirmative Precept That he should glorifie the Name of God But it seems otherwise of the Fourth and Fifth Commandments which as they are Affirmative Precepts neither do they necessarily presuppose the depraved State of Man they may be admitted Mankind being considered as under either Condition But the thing is very manifest in relation to the other Commandments which concern our Neighbour for it would suffice plainly to have enjoyned Man considered as he was at first created by God that he should love his Neighbour whereto he was beforehand enclined by his own Nature But how could the same Person be commanded that he should not kill when Death had not as yet faln on Mankind which entred into the World upon the account of Sin But now there is very great need of such a Negative Command when instead of loving one another there are stir'd up so great Feuds and Animosities among Men that even a great Part of them is owing purely to Envy or an inordinate Desire of invading what belongs to another so that they make no scruple not only of destroying those that are innocent but even their Friends and such as have done them signal Favors and all this forsooth they are not ashamed to disguise under the specious pretence of Religion and Conscience In like manner what need was there expresly to forbid Adultery among those married Persons whose mutual Love was so ardent and sincere Or what occasion was there to forbid Theft when as yet Covetousness and Poverty were not known nor did any Man think that properly his own which might be useful or profitable to another Or to what purpose was it to forbid the bearing False Witness when as yet there were not any to be found who sought after Honor and Reputation to themselves by Slandering and aspersing others with false and groundless Calumnies So that not unfitly you may here apply the Saying of Tacitus Vetustissimi Mortalium nulla adhuc prava libidine sine probro scelere eoque sine poena aut coercitionibus agebant ubi nihil contra morem cuperent nihil per metum vetabantur Whilst no corrupt Desires deprav'd Mankind the first Men lived without Sin and Wickedness and therefore free from Restraint and Punishment and whereas they coveted nothing but what was their due they were barr'd from nothing by Fear And these things being rightly understood may clear the way for removing this Doubt whether the Law was different or the same in the Primitive State of Nature before the Fall Where it may be briefly answer'd that the most material Heads of the Law were the same in each State but that many particular Precepts did vary according to the diversity of the Condition of Mankind or rather that the same Summary of the Law was explain'd by divers but not contrary Precepts according to the different State of Man by whom that Law was to be observ'd Our Saviour reduc'd the Substance of the Law to two Heads Love God and Love thy Neighbour To these the whole Law of Nature may be referr'd as well in the Primitive as in the deprav'd State of Man unless that in the Primitive State there seems not any or a very small difference between the Law of Nature and Moral Divinity For that Mutual Society which we laid down as a Foundation to the Law of Nature may very well be resolv'd into the Love of our Neighbour But when we descend to particular Precepts there is indeed a very great difference both in relation to the Commands and Prohibitions And as to what concerns the Commands there are many which have place in this State of Mankind which seem not to have been necessary in the Primitive State And that partly because they presuppose such a Condition as 't is not certain could happen to that most happy State of Mankind partly because there can be no Notion of them without admitting Misery and Death which were unknown there As for Instance we are now enjoyn'd by the Precepts of the Law of Nature not to deceive one another in buying or selling not to make use of false Weights or Measures to repay Money that is lent at the appointed time But it is not yet evident whether if Mankind had continued without sin there would have been driven any Trade and Commerce as there is now in the World or whether there would then have been any Occasion for the Use of Mony In like manner if such kind of Communities as are now adays were not to be found in the State of Innocence there would be then likewise no Occasion for those Laws which are presupposed as requisite for the well ordering and Government of such Societies We are also now commanded by the Law of Nature to succour those that are in want to relieve those that are oppressed to take care of Widows and Orphans But it would be to no purpose to have inculcated these Precepts to those who were no ways subject to Misery Poverty or Death The Law of Nature now enjoyns us to forgive Injuries and to use our utmost Endeavours towards the promoting of Peace amongst Mankind which would be unnecessary among those who never offended against the Laws of Mutual
Consequence thereof Beside he can make a Judgment upon things already done whether they are done agreeably to their Rule Not that all a mans Faculties do exert themselves continually or after the same manner but some of them are stir'd up in him by an internal Impulse and when raised are by the same regulated and guided Neither beside hath a Man the same Inclinations to every Object but some he desires and for others he has an aversion and often though an Object of Action be before him yet he suspends any motion towards it and when many Objects offer themselves he chuses one and refuses the rest AS for that Faculty therefore of comprehending IV. Human Vnderstanding and judging of things which is called the Vnderstanding it must be taken for granted first of all That every Man of a mature Age and entire Sense has so much Natural Light in him as that with necessary care and due consideration he may rightly comprehend at least those general Precepts and Principles which are requisite in order to pass our lives here honestly and quietly and be able to judge that these are congruous to the Nature of Man For if this at least be not admitted within the bounds of our Humane Forum men might pretend an invincible Ignorance for all their Miscarriages because no man in * Civil Judicature foro humano can be condemned for having violated a Law which it was above his Capacity to comprehend THE Vnderstanding of Man when V. Conscience rightly inform'd and probable it is rightly inform'd concerning that which is to be done or omitted and this so as that he is able to give certain and undoubted Reasons for his Opinion is wont to be call'd Conscience truly guided But when a Man has indeed entertain'd the true Opinion about what is to be done or not to be done the truth whereof yet he is not able to make good by reasoning but he either drew such his Notion from his Education way of living Custom or from the Authority of persons wiser or better than himself and yet no reason appears to him that can persuade the contrary this uses to be called Conscientia probabilis Conscience grounded upon Probability And by this the greatest part of Mankind are govern'd it being the good fortune of few to be able to enquire into and to know the Causes of things AND yet it chances often to some VI. Conscience doubting Men especially in singular Cases that Arguments may be brought on both sides and they not be Masters of sufficient Judgment to discern clearly which are the strongest and most weighty And this is call'd a doubting Conscience In which Case this is the Rule as long as the Understanding is unsatisfied and in doubt whether the thing to be done be good or evil the doing of it is to be deferred For to set about doing it before the Doubt is answered implies a sinful design or at least a neglect of the Law MEN also oftentimes have wrong apprehensions VII Error of the matter and take that to be true which is false and then they are said to be in an Error and this is called Vincible Error when a man by applying due Attention and Diligence might have prevented his falling thereinto and it 's said to be Invincible Error when the person with the utmost Diligence and Care that is consistent with the common Rules of Life could not have avoided it But this sort of Error at least among those who give their Minds to improve the Light of Reason and to lead their Lives regularly happens not in the common Rules of living but only in peculiar matters For the Precepts of the Law of Nature are plain and that Legislator who makes positive Laws both does and ought to take all possible Care that they may be understood by those who are to give obedience to them So that this sort of Error proceeds only from a supine Negligence But in particular Affairs 't is easie for some Error to be admitted against the will and without any fault of the person concerning the Object and other Circumstances of the Action BUT where Knowledge simply is VIII Ignorance wanting it is called Ignorance Which is two ways to be consider'd first as it contributes somewhat to the Action and next as it was in the person either against his will or not without his own fault In the first respect Ignorance uses to be divided into efficacious and concomitant That is such as if it had not been the present Action had not been undertaken This tho it had not been it lâ—â—d not hindred the Undertaking In the latter respect the Ignorance is either Voluntary or Involuntary The first is when it was chosen by the person he rejecting the means of knowing the Truth or suffering it to come upon him by not using such diligence as was necessary The latter is when a Man is ignorant of that which he could not nor was obliged to know And this again is twofold for either a man may indeed not be able to help his Ignorance for the present and yet may be to blame because he continues in such a state or else he may not only be for the present unable to conquer his Ignorance but may also be blameless that he is fallen into such a Condition THE other Faculty which does peculiarly IX The Will distinguish Men from Brutes is called the Will by which as with an internal Impulse Man moves himself to Action and chuses that which best pleases him and rejects that which seems unfit for him Man therefore has thus much from his Will first that he has a power to act willingly that is he is not determin'd by any intrinsick Necessity to do this or that but is Himself the Author of his own Actions next that he has a power to act freely that is upon the Proposal of one Object he may act or not act and either entertain or reject or if divers Objects are proposed he may chuse one and refuse the rest Now whereas among human Actions some are undertaken for their own sakes others because they subserve to the attaining of somewhat farther that is some are as the End and others as Means as for the End the Will is thus far concern'd That being once known this first approves it and then moves vigorously towards the atchieving thereof as it were driving at it with more or less earnestness and this End once obtain'd it sits down quietly and enjoys its acquist with pleasure For the Means they are first to be approv'd then such as are most fit for the purpose are chosen and at last are applied to use BUT as Man is accounted to be the X. The Will unforc'd Author of his own Actions because they are voluntarily undertaken by himself so this is chiefly to be observed concerning the Will to wit that its Spontaneity or natural Freedom is at least to be asserted in those Actions
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
Allowances and Limitations that we ought not to take away another mans Life when it is possible for us after a more convenient way to avoid the Danger we are in yet in consideration of that great perturbation of Mind which is wont to be occasion'd upon the appearance of imminent Mischief it is not usual to be over-rigorous in the examination of these matters for it is not likely that a man trembling under the apprehension of Danger should be able to find out so exactly all those ways of escaping which to one who sedately considers the Case may be plain enough Hence though it is Rashness for me to come out of a safe Hold to him who shall challenge me yet if another shall set upon me in an open place I am not streight oblig'd to be take my self to Flight except there be at hand such a place of Refuge as I may withdraw into without peril Neither am I always bound to retire because then I turn my defenceless Back and there may be hazard of falling beside that having once lost my posture I can hardly recover it again But as the Plea of Self-Defence is allow'd to that person who shall thus encounter Danger when he is going about his lawful business whereas if he had staid at home he had been safe enough so it is denied to him who being challeng'd to a Duel shall by appearing set himself in that condition that except he kill his Adversary himself must be slain For the Laws having forbidden his venturing into such Danger any excuse on account thereof is not to be regarded XIV Defence of Members WHAT may be done for the defence of Life may also for the Members so as that he shall be acquitted for an honest man who shall kill a Russian that perhaps had no farther Intention than to maim him or give him some grievous wound For all Mankind does naturally abhor to be maim'd or wounded and the cutting off any especially of the more noble Members is often not of much less value than Life it self beside we are not sure beforehand whether upon such wounding and maiming Death may not follow and to endure this is a sort of Patience that surpasses the ordinary Constancy of Man to which no man is regularly oblig'd by the Laws only to gratifie the outragious humour of a Rogue MOREOVER what is lawful to be XV. Defence of Chastity done for preservation of Life is adjudged to be so for Chastity Since there cannot be a more horrid Abuse offer'd to an honest Woman than to force her out of that which being kept undefiled is esteemed the greatest Glory of their Sex and to put upon her a Necessity of raising an Off-spring to her Enemy out of her own blood AS for Defence of Goods or Estate this XVI Defence of Goods Estate may among those who are in a State of Natural Liberty go as far as the Slaughter of the Invader provided what is in controversie be not a Thing contemptible For without things necessary we cannot keep our selves alive and he equally declares himself my Enemy who wrongfully seizes my Estate as he that attempts upon my Life But in Communities where what is ravish'd from us may with the assistance of the Civil Anthority be recover'd this is not regularly allow'd unless in such case when he that comes to take away what we have cannot be brought to Justice on which account it is that we may lawfully kill Highway-men and Night-robbers AND thus much for Self-Defence in XVI Self-Defence in him that first injur'd those who without provocation are unjustly invaded by others But for him who has first done an Injury to another he can only then rightly defend himself with force and hurt the other again when having repented of what he has done he has offer'd Reparation of the Wrong and Security for the future yet he who was first injur'd shall out of ill nature refuse the same and endeavour to revenge himself by violence Lastly Self-Preservation is of so much XVIII Self-Preservation in cases of Necessity regard that if it cannot otherwise be had in many cases it exempts us from our obedience to the standing Laws and on this score it is that Necessity is said to have no Law For seeing Man is naturally inspirited with such an earnest desire to preserve himself it can hardly be presum'd that there is any Obligation laid upon him to which he is to sacrifice his own Safety For though not only God but the Civil Magistrate when the Necessity of affairs requires it may lay upon us so strict an Injunction that we ought rather to die than vary a tittle from it yet the general Obligation of Laws is not held to be so rigorous For the Legislators or those who first introduc'd Rules for Mankind to act by making it their design to promote the Safety and common Good of Men must regularly be supposed to have before their eyes the condition of Human Nature and to have consider'd how impossible it is for a man not to shun and keep off all things that tend to his own Destruction Hence those Laws especially call'd Positive and all Human Institutions are judg'd to except Cases of Necessity or not to oblige when the Observation of them must be accompanied with some Evil which is destructive to Human Nature or not tolerable to the ordinary Constancy of men unless it be expresly so order'd or the Nature of the thing requires that even that also must be undergone Not that Necessity justifies the breach of a Law and commission of Sin but it is presum'd from the favourable intention of the Legislators and the consideration of Mans Nature that Cases of Necessity are not included in the general Words of a Law This will be plain by an Instance or two THOUGH otherwise Man have no such XIX Cutting off Members Power over his own Members as that he may lose or maim any of them at his pleasure yet he is justifiable in cutting off a Gangren'd Limb in order to save the whole Body or to preserve those parts which are sound or lest the other Members be rendred useless by a dead and cumbersom piece of Flesh IF in a Shipwrack more men leap into XX. One lost to save many the Boat than it is capable of carrying and no one has more right than another to it they may draw Lots who shall be cast over-board and if any man shall refuse to take his chance he may be thrown over without any more ado as one that seeks the destruction of all IF two happen into imminent danger of XXI One lost to save Self their Lives where both must perish one may as he sees good hasten the death of the other that he may save himself For instance If I who am a skilful Swimmer should fall into some deep Water with another who could not swim at all and he clings about me I not being strong
are usually Lent are call'd Fungibiles that is such Things as are capable of being repaid in Kind though not in Specie because any Thing of that kind may so perform the Part of another thing that he who receives any thing of that Kind in the same Quantity and Quality may be said to have receiv'd the same which he gave The same Things are likewise determin'd and specified by Number Weight and Measure in which respect also they are commonly call'd Quantities as they are contradistinct to Species Now a Thing is lent either gratis so as no more is to be receiv'd than was deliver'd or else for some Profit or Advantage which is call'd Vsury and which is no ways repugnant to the Law of Nature provided it be moderate and proportionable to the Gain which the other Person makes of the Mony or the Thing Lent and which had it not been put out would have been neither Loss nor Gain and that it be not exacted of Poor Men to whom a Thing Lent is sometimes as good as an Alms. IN a Contract of Partnership Two or XII Partnership More join together their Money Wares or Works with an Intention that every one should receive a proportionable share of the Profit and if there happens to be any Loss that likewise must be born ratably by each Party In which kind of Society as all Parties are oblig'd to Faithfulness and Industry so no Party must break off the Partnership before the Time or to the detriment of his Partner But when the time of the Partnership is expired after the Gain and Loss is allowed each Party is to receive what Stock he put in But if one Person puts in Money or Goods and the other contributes his Labour we must consider after what manner such a Contribution was made For when one mans Labour is only concern'd about the managing and disposing of the other Persons Money or Goods the Shares of the Gain are so to be determin'd as the Profit of the Money or Commodity bears Proportion to the Value of the Labour the Principal still remaining the Property of him only who first contributed it But when any Labour is bestow'd in the Improvement of any Commodity which is put in by another he is suppos'd to have such a Share in the Thing it self as is Proportionable to the Improvement it has receiv'd Again when men engage all that they have in any Joint-Stock as each of the Partners must faithfully bring into the Account the Profits they have made so also every one of them is to be maintain'd out of the Joint-Stock according to their Condition But when the Partnership is broken off the Division of the Goods is made ratably according as each Party at first brought in without any Regard had by whose Goods any Gain or Loss hapned to the Company unless beforehand it was otherwise agreed THERE are likewise several Contracts XIII Contracts upon Chance which imply a Chance amongst which may be reckon'd Wagers when the Certainty of any Event which is not yet known by either Party is affirmed by one and denied by the other a Certain Value being laid on both sides which is adjudg'd to that Person to whose Assertion the Event is found to agree Hitherto may also be referr'd all sorts of Games wherein we play for any thing of Value Among which those have the least Chance which contain a Trial of Wit Dexterity Skill or Strength In some of these Skill and Chance have both a like share In others Chance does chiefly determin the matter Altho it is the Part of the Civil Magistrate to consider how far such kind of Contracts may be tolerated as consistent with the Publick or Private Good Among these we may reckon the various sorts of Lotteries as either when several men having paid for a Thing by Money laid down jointly refer it to a decision by Lot which of them shall have the Whole or when a Box or Pot of Lots is made use of into which a Certain Number of Lots or Papers both Blanks and Prizes are put and for some set Price Liberty is granted of drawing them out so that the Person drawing may receive the Prize mark'd upon the Lot To these Contracts the receiv'd Methods of Insurance have some kind of Affinity which are such Bargains whereby is undertaken the securing from and making good any Damage so that the Insurer for a certain Sum of Mony paid down takes upon himself and is oblig'd to satisfie for whatsoever Losses or Damages any Commodities may undergo in their transportation to remote Countries so that if it shall happen that they be lost he is bound to pay the Owner the Value of them FOR the rendring of Contracts and XIV Sureties and Pledges Covenants more firm and secure Sureties and Pledges are frequently made use of A Surety is when another Person who is approv'd of by the Creditor takes upon himself the Obligation of the Principal Debtor so that unless he makes payment the other must make it good Yet so that the Principal Debtor is oblig'd to repay him and save him harmless And although the Surety cannot stand bound for a Greater Sum than the Principal Debtor yet nothing hinders but that the Surety is more firmly ty'd than the other because more is rely'd upon his Credit than upon that of the Principal Debtor Yet in course the Principal Debtor is to be call'd upon before the Surety unless he has wholly taken the Obligation upon himself and such a Person in the Civil Law is commonly call'd Expromissor or an Undertaker Now if several Persons be Security for one each of them is to be call'd upon for his Proportion only unless by Accident any one of them becomes Insolvent or is not to be found For in such a Case the others must be charg'd with his Share 'T IS likewise oftentimes customary for XV. Pledge or Mortgage the Debtor to deliver or make over to the Creditor for securing his Debt some certain Thing which is call'd a Pledge or a Mortgage until the Debt be paid The Intent of which is not only that the Debtor should be excited to make payment out of a desire of recovering what belongs to him but also that the Creditor should have some Prospect how he may be satisfied And upon this account Pledges ought regularly to be of equal or greater Value than the Debt it self Now the Things which may be offer'd as Pledges are either Improveable or not Improveable as to the former kind there is commonly added a Covenant call'd Pactum 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which impowers the Creditor to enjoy the Fruits and Profits of that Pledge instead of Interest Now as to the other sort the Lex Commissoria takes Place which provides that the Pledge shall be forfeited to the Creditor if Payment be not made within a Certain time Limited And this is no ways unreasonable when the Pledge is not of greater Value than
Nation of any considerable extent but he must have Ministers to participate with him in his Cares and Counsels Yet as these Ministers borrow their Authority in every thing they do from Him So the praise or dispraise of their Actions returns finally upon Him also For which reason and because according to the quality of Ministers business is done either well or ill there lies an Obligation upon a Prince to advance honest and fit Persons to Offices of Trust in the Government and upon occasion to examine into the proceedings of the same and as he finds them deserving to reward or punish them accordingly for an Example to others to understand that there is no less fidelity and diligence to be used in managing the publick Business than one would practise in any private Affair that relates to himself So when wicked people are encouraged to put their Inclinations in practice upon the hopes of escaping very easily unpunish'd under Judges that are subject to Corruption it ' is a Prince's Duty to animadvert severely upon such Judges as Favourers of Vice against the safety of the Subject and quiet of the Nation And though the dispatching of the ordinary affairs may be committed to the Ministers care yet a Prince is never to refuse to lend his Ear with Patience when his Subjects present him with their Complaints and Addresses FOR Taxes and the like Duties to X. Of Taxes and Duties which Subjects are upon no other account oblig'd than as they are necessary to support the publick Charge in Peace and War it deserves to be the Care of Princes not to extort more than either the Necessities or signal advantages of the Nation require and so to alleviate and soften them in the ways and means of laying them upon the Subject that every one may find their weight as little offensive as it can possibly be being charg'd upon particulars in a fair and Equitable proportion without favouring of one to deceive or oppress another And let not the Money that is so rais'd be consum'd by Princes in Luxury and Vanities or thrown away in Gifts and needless Ostentation but laid out upon the occasions of the Nation always foreseeing that their Expences be made to answer to their Revenue and in case of any failure in the latter to do it that they attempt a Remedy by means of Frugality and in retrenching unnecessary Expences IT is true Princes have no Obligation XI Interest of the Subject to be advanc'd by Princes upon them to find maintenance for their Subjects otherwise than Charity directs them to a particular Care of those for whom it is impossible to subsist of themselves by reason of some Calamity undeserved Yet because the Money that is necessary for the conservation of the Publick must be raised out of the Subjects Estates in whose Wealth and Happiness the strength of a Nation does consist it therefore concerns Princes to use their best Endeavours that the fortunes of their Subjects improve and flourish as particularly by giving Orders how the fruits of the Earth and Water may be received in the most plentiful measure and that men employ their Industry on things of Domestick growth not purchasing at their Expence that Labour from others which themselves are able conveniently to undergo That all Mechanick Arts and Merchandise and in Maritime places Navigation be encourag'd as of great consequence to the Common-wealth That Idleness be banish'd from amongst them and Frugality be restored by Sumptuary Laws contrived on purpose to avoid superfluous Expences especially those which occasion the transporting of Riches out of the Kingdom Whereof if the Prince is pleas'd to set an Example in his own Person it is likely to prove of greater force than all the Laws besides FINDING also that the internal XII Factions and Parties Health and Strength of a Nation proceeds in a particular manner from the Vnity that is between the People and according as this happens to be more and more perfect the power of the Government diffuses it self through the whole Body with so much the greater Efficacy it is yet a further care incumbent upon Princes to hinder both the growth of publick Factions as well as of private Associations of particular persons by Agreements amongst themselves As also to see that neither all nor any of the Subjects under any pretence whatsoever Religious or Civil do retain a dependence upon a Stranger within or without the Kingdom more than upon their lawful Prince in whom alone before all others all their Expectations ought to be reposed Lastly SINCE the Peace of Nations XIII Of War and Peace with forein Nations in reference to one another depends upon no very great Certainties it ought to be the endeavour of Princes to encourage Valour and Military Studies in their Subjects having all things as Fortifications Arms Men and Money which is the Sinews of Business ready prepared in case of an Assult to repel it though not voluntarily to begin one upon another Nation even after sufficient Cause of War given unless invited by a very safe opportunity and the Publicks being in a good Condition conveniently to go through with the undertaking For the same Reason it is proper to observe and search into the Counsels and Proceedings of Neighbours with all exactness and to enter with them into Leagues and Alliances as prudently as so great a Concern requires CHAP. XII Of the Special Laws of a Community relating to the Civil Government IT now remains that we take a View I. What they are of the particular parts of Supreme Government together with such Circumstances thereunto belonging as we find are worthy to be observ'd In the first place there are the Civil Laws meaning the Acts and Constitutions of the highest Civil Authority for the time being ordained to direct the Subject in the course of his Life as to what things he ought to do and what to omit THEY are called Civil upon two accounts II. Why so call'd especially that is either in regard of their Authority or their Original In the first sense all manner of Laws whatsoever of force whereby to try and decide Causes in a Court of Civil Judicature let their Original be what it will may pass under that denomination In the other we call only those Laws Civil which derive their Original from the Will of the Supreme Civil Government treating upon the Subject of such things as neither the Laws of God or Nature have determined yet are found to conduce much to the profit of Particular Common-wealths AS nothing therefore ought to be made III. The Law of Nature to be reinforced by them the Subject of a Civil Law but what relates to the good of the Common-wealth that does ordain it So it seeming in the highest degree expedient towards the beauty and ease of living in a Community that in particular the Law of Nature should be diligently observ'd by all people it lies upon Supreme Governours
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
from peculiar Divine Revelation But the Duties a man owes to Himself arise jointly from Religion and from the Necessity of Society So that no man is so Lord of himself but that there are many things relating to himself which are not to be disposed altogether according to his Will partly because of the obligation he lies under of being a religious Adorer of the Deity and partly that he may keep himself a useful and beneficial Member of Society CHAP. IV. Of the Duty of Man towards God or concerning Natural Religion THE Duty of Man towards God I. Natural Religion its parts so far as can be discovered by Natural Reason is comprehended in these two that we have true Notions concerning him or know him aright and then that we conform our Actions to his Will or obey him as we ought And hence Natural Religion consists of two sorts of Propositions to wit Theoretical or Speculative and Practical or Active AMONGST those Notions that every man ought to have of God the first of II. That God is all is that he firmly believe his Existence that is that there is indeed some supreme and first Being upon whom this Universe depends And this has been most plainly demonstrated by learned and wise men from the Subordination of Causes to one another which must at last be found to have their Original in somewhat that was before them all from the nature of Motion from the consideration of this great Machin the World and from the like Arguments Which if any man denies himself to be able to comprehend he is not therefore to be excused for his Atheism For all Mankind having been perpetually as it were possessed of this persuasion that man who undertakes to oppose it ought not only solidly to confute all those Arguments that are brought to prove a God but should advance Reasons for his own Assertion which may be more plausible than those And since by this Belief of the Deity the Weal of Mankind may be supposed to have been hitherto preserved he ought ro shew that Atheism would better answer that end than sober Religion and the Worship of God Now seeing this can by no means be done the Wickedness of those men who attempt any way to eradicate this Persuasion out of the minds of men is to be above all things abominated and restrained by the severest Punishments THE Second is that God is the Creator III. God the Creator of the World of this Vniverse For it being manifest from Reason that none of these things could exist of themselves it is absolutely necessary that they should have some supreme Cause which Cause is the very same that we call GOD. And hence it follows that those men are cheated who every now and then are putting upon us Nature forsooth as the original Cause of all Things and Effects For if by that Word they mean that Energy and power of acting which we find in every thing this is so far from being of any force to prove there is no God that it proves Him to be the Author of it self But if by Nature they would have us understand the Supreme Cause of all things this is only out of a profane Nicety to avoid the receiv'd and plain appellation of GOD. Those also are in a great Error who believe that any thing can be GOD which is the Object of our Senses and particularly the Stars among the rest For the Substance of these argues them all to derive their beings from somewhat else and not to be the first things in nature Nor do they think less unworthily of God who call him the Soul of the World For the Soul of the World let them conceive of it as they please must signifie a Part of the World and how can a Part of a thing be the Cause of it that is be something before itself But if by the Soul of the World they mean that first and invisible Being from which all things receive their Vigour Life and Motion they only obtrude upon us an obscure and figurative Word for one that is plain and obvious From hence also it appears that the World did not exist from all Eternity this being contrary to the nature of that which has a Cause And he that asserts that the World is Eternal denies that it had any Cause of its being and consequently denies God himself THE Third is that God governs the IV. God governs the World whole World and particularly Mankind Which plainly appears from the admirable and constant Order which is to be seen in this Universe and 't is to the same moral purpose whether a man deny that God is or that he rules and regards the affairs of Men since either of them destroy all manner of Religion For let him be never so excellent in himself 't is in vain to fear or worship him if he be altogether regardless of us and neither will nor can do us either good or hurt THE Fourth is that no Attribute can V. God infinitely perfect belong to God which implies any manner of Imperfection For it would be absurd He being the Cause and Source of all things for any Creature of his to think itself able to form a notion of any Perfection of which he is not fully possess'd Nay His Perfection infinitely surmounting the Capacity of so mean a Creature it is most reasonable to express the same in negative rather than in positive terms Hence nothing is to be attributed to God that is finite or determinate because what is finite has always somewhat that is greater than itself and whatsoever is determinate or subject to Figure and Form must suppose Bounds and Circumscription Neither can He be said to be distinctly and fully comprehended or conceived in our Imagination or by any Faculty of our Souls because whatsoever we can comprehend fully and distinctly in our Minds must be Finite And yet when we pronounce God to be Infinite we are not to think we have a full Notion of Him for by the word Infinite we denote nothing in the Thing itself but only declare the Impotence of our Understandings and we do as it were say that we are not able to comprehend the Greatness of his Essence Hence also it is that we cannot rightly say of God that he has any Parts as neither that He is All any thing for these are Attributes of things finite nor that he is contained in any Place for that denotes limits and bounds nor that he moves or rests for both those suppose him to be in a place So neither can any thing be properly attributed to God which intimates Grief or any Passion such as Anger Repentance Mercy I say properly because when we find such things said of Him they are to be supposed to have their signification from the Effect and not from any Emotion in the Mind of the Deity the Expression being only conform'd to Humane Passions and Capacities Nor may we say
I may have recourse for help to the Civil Magistrate And here because Nature allows not that upon every occasion we should be take our selves to violent means even though we are very well satisfied in our Consciences of the Justice of our Cause therefore we are first to try whether the matter may not be composed after a milder way either by an amicable reasoning of the point in question between the parties themselves or by a free and unconditional Compromise or Reference of the Debate to Arbitrators And these Referees are to manage the matter with an equal regard to both sides and in giving their Award they are to have an Eye only to the Merits of the Cause setting aside all partial Animosity or Affection For which reason it is not best to chuse any man an Arbitrator in such a Cause wherein he shall have greater hopes of Profit or particular Reputation if one party get the better rather than the other and consequently where it is his Interest that that Litigant at what rate soever gain the point Hence also there ought not to be any under-hand Bargain or Promise between the Umpire and either of the Parties by which he may be obliged to give his Judgment on the behalf of the same Now in this affair if the Arbitrator cannot find out the Truth in Fact neither from the Confessions of the parties nor from apparent Writings nor any other manifest Arguments and Signs he must then inform himself by the Testimonies of Witnesses whom though the Law of Nature obliges especially being usually reinforc'd by the Religion of an Oath to speak the Truth yet it is most safe not to admit the Evidence of such as are so peculiarly affected to one party that their Consciences will be forc'd to struggle with the Passions either of Love Hatred desire of Revenge any violent Affection of the Mind or else some strict Friendship or Dependence all or any of which every man is not endued with Constancy enough to surmount Controversies also are frequently made an end of by the Interposition of the common Friends of each party which to do is deservedly accounted among the best Actions of a good man For the rest in this State when Performances are not made good by either side of their own accord the other seeks his Due after what manner he likes best NOW though it was the Will of Nature XI Vncertainty of the State of Nature itself that there should be a sort of Kindred between all Mankind by virtue of which they might be oblig'd at least not to hurt one another but rather to assist and contribute to the Benefit of their Fellows Yet this Alliance is found to be but of little force among those who live promiscuously in a State of Natural Liberty so that any man who is not under the same Laws and possibilities of Coercion with our selves or with whom we live loosely and free from any Obligation in the said State is not indeed to be treated as an Enemy but may be look'd upon as a Friend not too freely to be trusted And the reason hereof is that Man not only is accomplish'd with an Ability to do mischief to his like but for many causes has also a Will so to do For some the Pravity of their Natures Ambition or Covetousness incite to make insults upon other men others though of a meek and modest Nature are forc'd to use Violence either in defending themselves from imminent Outrages or by way of Prevention Beside that a Rivalship in the desire of the same thing in some and in others Competition for Priority in one Quality or other shall set them at Variance So that in this State 't is hardly possible but that there should be perpetual Jealousies Mistrusts Designs of undoing each other Eagerness to prevent every one his Fellow or Hopes of making addition to his own Strength by the Ruin of others Therefore as it is the Duty of every honest man to be content with his own and not to give provocation to his Neighbor nor to covet that which is his so also it behoves him who would be as wary as is needful and who is willing to take care of his own good so to take all men for his Friends as not to suppose yet but that the same may quickly become his Enemies so to cultivate Peace with all men as to be provided though it be never so soon chang'd to Enmity And for this reason happy is that Common-wealth where in times of Quietness consideration is had of requisites for War CHAP. II. Of the Duties of the Married State AMONG those States of Man which I. Matrimony we have call'd Adventitious or in which a man is plac'd by some antecedent humane Act Matrimony obtains the first place Which also is the chief Representation of the Social Life and the Seed-Plot of Mankind AND first it is certain that that ardent II. Instituted by Nature Propensity found to be in both Sexes to each other was not implanted in them by the All-wise Creator merely that they might receive the Satisfaction of a vain Pleasure for had it been so nothing could have been the occasion of greater Brutishness and Confusion in the world but that hereby married persons might take the greater delight in each others Company and that both might with the more chearfulness apply themselves to the necessary business of Propagation and go through those Cares and Troubles which accompany the Breeding and Education of Children Hence it follows that all Use of the Parts destin'd by Nature for this work is contrary to the Law Natural if it tends not to this End On which account also are forbidden all Lusts for a different Species or for the same Sex all filthy Pollutions and indeed all Copulations out of the State of Matrimony whether with the mutual Consent of both parties or against the Will of the Woman THE Obligation under which we lie to III. Obligation to Matrimony contract Matrimony may be consider'd either with respect to Mankind in general or to our particular Station and Relation in the World The strength of the former of these consists in this that the Propagation of Mankind neither can nor ought to be kept up by promiscuous and uncertain Copulations but is to be limited and circumscribed by the Laws of Wedlock and only to be endeavour'd in a married State For without this no man can imagine any Decency or orderly Society among men nor any Observation of the Civil Rules of Life But men singly consider'd are oblig'd to enter the Matrimonial State when a convenient occasion offers itself whereto also not only a mature Age and an Ability for Generation-Work is necessary but there ought beside to be a possibility of lighting on a person of the like Condition and a Capacity of maintaining a Wife and the Posterity she shall bring forth and that the Man may be such a one as is fit to become the
Trust in order to Cohabitation in the Family between the Victor and the vanquish'd person all past Hostility is to be accounted as forgiven And then the Master does wrong even to a Servant thus acquir'd if he allow him not Necessaries for Life or exercise Cruelty to him without cause and much more if he take â—o way his Life when he has committed no fault to deserve it IT is also the Practice to pase away on V. Alienable Property in such Slaves who are taken in War or bought with our Mony to when we please after the same manner as we do our other Goods and Commodities So that the Body of such Servant is holden to be a Chattel of his Master And I yet here Humanity bids us not to forget that this Servant is a Man however and therefore ought not to be treated as we do our Moveables use 'em or abuse 'em oâ— destroy 'em as willist And when we all minded to part with him we ought not to deliver him into the hands of such as we know will abuse him inhumanely and undeservedly Lastly IT is every where allow'd that VI. Off-spring of Slaves the Progeny of Parents who are Bondmen are also in a Servile State and belong 〈◊〉 Slaves to the Owner of their Mother Which is justified by this Argument that whosoever is Proprietor of the Body is also Proprietor of whatsoever is the Product thereof and because such Issue had never been born if the Master had executed the Rigor of War upon the Parent and for that the Parent having nothing she can call her own the Off spring cannot otherwise be brought up but at her Masters charge Whereas therefore the Master afforded such Infant Nourishment long before his Service could be of any use to him and whereas all the following Services of his Life could not much exceed the value of his Maintenance he is not to leave his Master's Service without his Consent But 't is manifest that since these Bondmen came into a State of Servitude not by any fault of their own there can be no Pretence they should be otherwise dealt withal than as if they were in the condition of perpetual hired Servants CHAP. V. The Impulsive Cause of Constituting Communities ALTHOUGH there be hardly any Delight I. This Enquiry necessary or Advantage but what may be obtain'd from those Duties of which we have already discours'd It remains nevertheless that we enquire into the Reasons why Men not contenting themselves with those Primitive and small Societies have founded such as are more Ample call'd Communities For from these Grounds and Foundations is to be deduc'd the Reason of those Duties which merely relate to this Civil State of Mankind HERE therefore it suffices not to say II. Difficulty herein that Man is by Nature enclin'd to Civil Society so as he neither can nor will live without it For since indeed it is Evident that man is such a kind of Creature as has a most tender Affection for himself and his own Good it is manifest that when he so earnestly seeks after Civil Society he respects some particular Advantage that will accrew to him thence And although without Society with his Fellow-Creatures Man would be the most miserable of all Creatures yet since the Natural Desires and Necessities of Mankind might be abundantly satisfied by those Primitive kind of Societies and by those Duties to which we are oblig'd either by Humanity or Contracts it cannot immediately be concluded from this Natural Society between Man and Man that his Nature and Temper does directly encline him to the forming of Civil Communities WHICH will more evidently appear III. Twofold Enquiry if we consider what Condition Mankind is plac'd in by the Constitution of Civil Communities What is requir'd that he may be truly said to be a Political Animal or Good Patriot and Subject and lastly what Aversion may be discover'd in the Nature of Man to living in such Civil Community WHOSOEVER becomes a Subject IV. Natural State immediately loses his Natural Liberty and submits himself to some Authority which is vested with the Power of Life and Death and by the Commands of which many Things must be done which otherwise he would have been no ways willing to do and many Things must be let alone to which he had a strong Inclination Besides most of his Actions must terminate in the Publick Good which in many Cases seems to clash with private mens Advantage But man by his Natural Inclinations is carried to this to be subject to no one to do all things as he lists and in every thing to consult his single Advantage BUT we call him a Political Animal V. Civil State or True Patriot and Good Subject who readily obeys the Commands of his Governors who endeavours with his utmost to promote the Publick Good and after that regards his Private Affairs nay more who esteems nothing profitable to himself unless the same be likewise profitable to the Community lastly who carries himself fairly towards his Fellow-Subjects But there are few men to be found whose Tempers are naturally thus well inclin'd The greater part being restrain'd merely for fear of Punishment and many continue all their Lifetimes ill Subjects and unsociable Creatures FURTHERMORE there is no Creature VI. Civil State whatsoever more fierce or untameable than Man or which is prone to more Vices that are apt to disturb the Peace and Security of the Publick For besides his inordinate Appetite to Eating Drinking and Venery to which Brute Beasts are likewise subject Mankind is enclin'd to many Vices to which Brutes are altogether Strangers as is the unsatiable desire and thirst after those things which are altogether superfluous and unnecessary and above all to that worst of Evils Ambition also a too lasting resentment and memory of Injuries and a desire of Revenge increasing more and more by length of time besides an infinite diversity of Inclinations and Affections and a certain Stiffness and Obstinacy in every one to indulge his own particular Humour and Fancy Moreover Man takes so great delight in exercising his Cruelty over his Fellow-Creatures that the greatest part of the Evils and Mischiefs to which Mankind is obnoxious is wholly owing to the merciless Rage and Violence of other Men. THEREFORE the genuine and principal VII Reason Change Reason which induc'd Masters of Families to quit their own natural Liberty and to form themselves into Communities was that they might provide for themselves a Security and Defence against the evils and mischiefs that are incident to Men from one another For as next under God one Man is most capable of being helpful to another so the same may be no less prejudicial and hurtful to one another And those persons have entertain'd a right conception of the Malice of Men and the remedy thereof who have admitted this as a common Maxim and Proverb that unless there were Courts of Judicature one Man would