perform so it would be silly and to no purpose to put a restraint upon the natural Liberty of the Will of any man if no one shall receive any benefit therefrom BUT though a Law does strictly include IX Power of Dispensing all the Subjects of the Legislator who are concern'd in the matter of the same and whom the said Legislator at first intended not to be exempted yet sometimes it happens that particular persons may be clear'd of any obligation to such Law and this is call'd Dispensing But as he only may dispense in whose power it is to make and abrogate the Law so great care is to be taken lest by too frequent Dispensations and such as are granted without very weighty reasons the Authority of the Law be shaken and occasion be given of Envy and Animosities among Subjects YET there is a great difference between X. Equity Equity and Dispensing Equity being a Correction of that in which the Law by reason of its General Comprehension was deficient or an apt Interpretation of the Law by which it is demonstrated that there may be some peculiar Case which is not comprized in the Vniversal Law because if it were some Absurdity would follow For it being impossible that all Cases by reason of their infinite Variety should be either foreseen or explicitely provided for therefore the Judges whose office it is to apply the general Rules of the Laws to special Cases ought to except such from the Influence of them as the Lawgiver himself would have excepted if he were present or had foreseen such Cases NOW the Actions of men obtain certain XI Actions allowable good and bad Qualities and Denominations from their relation to and agreement with the Law of Morality And all those Actions concerning which the Law has determin'd nothing on either side are call'd allowable or permitted Altho sometimes in ordinary Law-Cases where all matters cannot be examin'd with the greatest accuracy those things are said to be allowable upon which the Law has not assign'd some Punishment though they are in themselves repugnant to Natural Honesty And then those Actions which are consonant to the Law are good those that are contrary to it are call'd bad But that any Action should be good 't is requisite that it be exactly agreeable in every point to the Law whereas it may be evil if it be deficient in one point only As for Justice it is sometimes the Attribute XII Justice of Persons of Actions sometimes of Persons When it is attributed to Persons 't is usually defin'd to be A constant and perpetual desire of giving every one their own For he is call'd a just man who is delighted in doing righteous things who studies Justice and in all his Actions endeavours to do that which is right On the other side the unjust man is he that neglects the giving every man his own or if he does 't is not because 't is due but from expectation of Advantage to himself So that a just man may sometimes do unjust things and an unjust man that which is just But the just does that which is right because he is so commanded by the Law and acts the contrary only through Infirmity whereas the wicked man does a just thing for fear of the Punishment which is the Sanction of the Command but he acts wrongfully from the naughtiness of his heart BUT when Justice is attributed to XIII Of Actions Actions then it is nothing else but a right application of the same to the Person And a just Action done of choice or knowingly and wittingly is applied to the person to whom it is due So that the Justice of Actions differs from Goodness chiefly in this that the latter simply denotes an agreement with the Law whereas Justice also includes the regard they have to those persons upon whom they are exercised Upon which account Justice is called a Relative Virtue MEN do not generally agree about XIV Division of Justice the Division of Justice The most receiv'd Distinction is into Vniversal and Particular The first is when every Duty is practised and all right done to others even that which could not have been extorted by force or by the rigor of Law The latter is when that Justice only is done a man which in his own right he could have demanded and this is wont to be again divided into Distributive and Commutative The Distributive takes place in Contracts made between a Society and its Members concerning fair partition of Loss and Gain according to a rate The Commutative is mostly in Bargains made upon even hand about things and doings relating to Traffick and Dealing KNOWING thus what Justice is XV. Injustice what 't is easie to collect what is Injustice Where it is to be observ'd that such an unjust Action is called Wrong-doing which is premeditately undertaken and by which a violence is done upon somewhat which of absolute right was another mans due or which by like right he one way or other stood possess'd of And this Wrong may be done after a threefold manner 1. if that be denied to another which in his own right he might demand not accounting that which from Courtesie or the like Virtue may be anothers due or 2. if that be taken away from another of which by the same right then valid against the Invader he was in full possession or 3. if any damage be done to another which we had not authority to do to him Beside which that a man may be charg'd with Injustice it is requisite that there be a naughty mind and an evil design in him that acts it For if there be nothing of these in it then 't is only call'd Misfortune or a Fault and that is so much slighter or more grievous as the Sloth and Negligence which occasion'd it was greater or less LAWS with respect to their Authors XVI Laws distinguisht are distinguish'd into Divine and Humane that proceeds from God and this from Men But if Laws be considered as they have a necessary and universal Congruity with Mankind they are then distinguisht into Natural and Positive The former is that which is so agreeable with the rational and sociable Nature of Man that honest and peaceable Society could not be kept up amongst Mankind without it Hence it is that this may be sought out and the knowledge of it acquir'd by the light of that Reason which is born with every man and by a consideration of Human Nature in general The latter is that which takes not its rise from the common condition of Human Nature but only from the good pleasure of the Legislator not that this ought to be without its reason but should carry with it advantage to those men or that Society for which it is design'd Now the Law Divine is either Natural or Positive but all Human Laws strictly taken are Positive CHAP. III. Of the Law of Nature THAT man who has
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
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
over his own Life as that he may put an end to it when he pleases but he ought to tarry till he is call'd off by Him who plac'd him in this Station Indeed since Men both can and ought to be serviceable to one another and since there are some sorts of Labour or an over-straining in any which may so waste the strength of a man that Old Age and Death may come on much sooner than if he had led an easie and painless Life there is no doubt but that a man may without any contravention to this Law choose that way of living which may with some probability make his Life the shorter that so be may become more useful to Mankind And whereas oftentimes the Lives of many will be lost except some number of men expose themselves to a Probability of losing their own on their behalf in this case the lawful Governour has power to lay an Injunction on any private man under the most grievous penalties not to decline by Flight such danger of losing his Life Nay farther he may of his own accord provoke such danger provided there are not Reasons more forcible for the contrary and by thus adventuring he hath hopes to save the Lives of others and those others are such as are worthy so dear a Purchase For it would be silly for any man to engage his Life together with another to no purpose or for a person of Value to die for the preservation of a paltry Rascal But for any other cases there seems nothing to be requir'd by the Law of Nature by which he should be persuaded to prefer another mans Life before his own but that all things rightly compar'd every man is allow'd to be most dear to himself And indeed all those who voluntarily put an end to their own Lives either as tir'd with the many Troubles which usually accompany this Mortal State or from an Abhorrence of Indignities and Evils which yet would not render them scandalous to Humane Society or through Fear of Pains or Torments by enduring which with fortitude they might become useful Examples to others or out of a vain Ostentation of their Fidelity and Bravery all these I say are to be certainly reputed Sinners against the Law of Nature BUT whereas it often happens that V. Self-Defence this Self-Preservation which the tenderest Passion and exactest Reason thus recommends to Mankind does seem to interfere with our Precepts concerning Society then when our own Safety is brought into jeopardy by another so far that either we must perish or submit to some very grievous mischief or else we must repel the Aggressor by force and by doing him harm Therefore we are now to deliver With what Moderation the Defence of our selves is to be temper'd This Defence of our selves then will be such as is either without any harm to him from whom we apprehended the mischief by rendring any Invasion of us formidable to him and full of danger or else by hurting or destroying him Of the former way there can be no doubt but that 't is lawful and altogether blameless BUT the latter may admit of scruple VI. Self Defence by hurting another because Mankind may seem to have an equal Loss if the Aggressor be kill'd or if I lose my Life and because one in the same Station with my self will be destroy'd with whom it was my Duty to have liv'd in Civil Society Beside that a forcible Defence may be the occasion of greater outrages than if I should be take my self to slight or patiently yield my Body to the Invader But all these are by no means of such weight as to render this sort of Defence unlawful For when I am dealing fairly and friendly with another it is requisite that he shew himself ready to do the like or else he is not a fit Subject of such good Offices from me And because the End of the Law of Society is the Good of Mankind therefore the Sense thereof is so to be taken as effectually to preserve the Welfare of every Individual or particular man So thaâ—â—f another man make an atteâ—pt upon my Life there is no Law that commands me to forgo my own Safety that so he may practise his Malice with Impunity And he that in such case is hurt or slain must impute his Mischief to his own Wickedness which set me under a Necessity of doing what I did Indeed otherwise whatsoever Good we enjoy either from the bounty of Nature or the help of our own Industry had been granted to us in vain if we were not at liberty to oppose the Violences of Russians who would wrongfully ravish all from us and honest men would be but a ready Prey for Villains if they were not allow'd to make use of Force in defence of themselves against the others Insults Upon the whole then it would tend to the Destruction of Mankind if Self-Defence even with Force were prohibited to us NOT however that hence it follows VII Extremities last to be used that as soon as any Injury is threatned us we may presently have recourse to Extremities but we must first try the more harmless Remedies for instance we must indeavour to keep out the Invader by cutting off his Access to us to withdraw into strong places and to admonish him to desist from his outragious Fury And it is also the Duty of a prudent man to put up a slight Wrong if it may conveniently be done and to remit somewhat of his Right rather than by an unseasonable opposition of the Violence to expose himself to a greater danger especially if that upon which the Attempt is made be such as may easily be made amends for or repair'd But in cases where by these or the like means I cannot secure my self in order to it I am at liberty to have recourse even to Extremities BUT that we may clearly judg whether VIII Two sorts of persons in this Case The first a man contains himself within the bounds of an unblamable Defence of himself it is first to be examin'd whether the person be one who is in a state of Natural Liberty or subject to no man or one who is obnoxious to some Civil Power In the first Case if another shall offer violence to me and cannot be brought to change his malicious mind and live quietly I may repel him even by killing him And this not only when he shall attempt upon my Life but if he endeavour only to wound or hurt me or but to take away from me what is mine without medling with my Body For I have no assurance but that from these lesser Injuries he may proceed to greater and he that has once profess'd himself my Enemy can no longer pretend any Right in his own defence but that I may resist him after what manner I please And indeed the Sociality necessary to Human Life would become unpracticable if a man may not make use even of Extremities
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
of Death by way of Punishment As likewise the Goods and Chattels of Criminals are subject to the Censure of the Law So that here some General things concerning the nature of Punishments come to be discoursed PUNISHMENT is an Evil that is suffered IV. Of Punishments in Retaliation for another that is done Or a certain grievous pain or pressure imposed upon a person by Authority in the manner of a Force with regard to an Offence that has been committed by him For although the doing of some things may oftentimes be commanded in the place of a Punishment yet it is upon this consideration that the things to be done are troublesome and laborious to the doer who will therefore find his sufferings in the performance of such Action A Punishment also signifies its being inflicted against the wills of people For it would not otherwise obtain its end which is to deter them from Crimes by the sense of its Severity An effect it never will produce if it were only such as an Offender is willing and pleased to undergo As for other Sufferings which happen to be undergone in Wars and Engagements or which one bears innocently through the means of an Injury done him the former not being inflicted by Authority and the other not referring to an antecedent Crime they do neither of them import the proper sense and meaning of a Punishment BY our Natural Liberty we enjoy the V. Inflicted by the Government Priviledge to have no other Superiour but God over us and only to be obnoxious to punishments Divine But since the introduction of Government it is allowed to be a branch of the Office of those in whose hands the Government is intrusted for the good of all Communities that upon the representation of the unlawful practices of Subjects before them they shall have power effectually to coerce the same that people may live together in Safety NEITHER does there seem to be any VI. The Benefit of them thing of Inequality in this that he who Evil does should Evil suffer Yet in the course of Humane Punishments we are not solely to regard the quality of the Crime but likewise to have an Eye upon the benefit of the Punishment By no means executing it on purpose to feed the fancy of the party injured or to give him pleasure in the pains and sufferings of his Adversary Because such kind of Pleasure is absolutely inhumane as well as contrary to the disposition of a good fellow-Subject THE Genuine end of Punishments in a VII The End of them State is the Prevention of wrongs and injuries which then has its effect when he who does the Injury is amended or for the future incapacitated to do more or others taking Example from his Sufferings are deter'd from like Practices Or to express it an other way That which is to be considered in the business of Punishments is the Good either of the Offender or the Party offended or generally of All. First WE consider the Good of the Offender VIII Vpon the Offender in whose mind the smart of the Punishment serves to work an alteration towards Amendment and extinguishes the lust of doing the same again Divers Communities leave such kind of Punishments as are qualified with this End to be exercised by Masters over the members of their own Families But it never was thought good they should proceed so far as to Death because he that is dead is past Amendment IN the next Place a Punishment intends IX Vpon the Party offended the good of the party Offended securing him that he suffer not the like mischief for the future either from the same or other persons It secures him from the same if the mans Life or pardoning that his Power to do hurt be taken from him or perhaps sad Experience unteaches him the Art he has learnt to Offend It secures him from others by being perform'd in the most open and publick manner accompanied with the circumstances of form and pomp that are apt to strike a dread into as many as behold it IN a word the good of all people is X. Vpon All. intended by the Execution of Punishments For by this means care is taken that he who has done a mischief to one shall do no such mischief again to another the terror of whose Example may also be an Antidote for the rest against the temptations to his Crime And this Good accrews after the same manner as the former BUT if together with the End of Punishments XI Internal Acts of the mind not subject to them we consider the condition of Humane Nature we shall see that all sins are not of that quality that they must necessarily fall under the Sentence of a Court of Justice The Acts of the mind within it self which are merely internal as thinking upon a Sin with delight coveting desiring resolving to do an ill thing but without effect though they should be afterwards made known by mans own Confession yet are all exempted from the stroke of humane Punishments For so long as those internal Motions have not occasion'd the prejudice of any whom does it concern or profit to cause the Author to suffer for the same IT would also be over-severe in Laws to XII Nor minute Lapses punish the most minute Lapses in the actions of men when in the condition of our Natures the greatest attention cannot prevent them THERE are many instances of Actions XIII And other Actions more of which the publick Laws dissemble the taking of any Notice for the peace of the Nation As sometimes because a good Act shines with greater glory by being wrought without sight of a Constraint or perhaps it is not altogether worth the troubling of Judges and Courts about it Or it is a matter extraordinarily difficult to be decided or some old inveterate Evil which cannot be removed without causing a Convulsion in the State ADD hereunto the Vices of the mind XIV Nor the Vices of the Mind flowing from the common corruption that reigns in the World as Ambition Avarice Rudeness Ingratitude Hypocrisie Envy Pride Anger private Grudges and the like All these of necessity must be exempted from the cognisance of humane Judicatures so long as they break not out into publick Enormities seeing they abound to that degree that if you should severely pursue them with Punishments there would be no people left to be commanded FURTHER When there have been XV. Of Pardons Crimes committed which are punishable by the Civil Judicature it is not always necessary to exert the execution of Justice upon them For in some cases a Pardon may possibly be extended to Criminals with a great deal of reason as it never ought to be granted without it and amongst other Reasons these especially may be some That the Ends which are intended by Punishments seem not so necessary to be attended in the case in question where a Pardon may produce more good than
occasioned by the first Mans Transgression and consequently since the Law of Nature does not reach those Things which are above Reason it would be very preposterous to derive it from the State of Man as it was uncorrupt before the Fall especially since even the greatest part of the Precepts of the Decalogue as they are delivered in Negative Terms do manifestly presuppose the depraved State of Man Thus for Example in the First and Second Commandment it seems to be supposed that Mankind was naturally prone to the belief of Polytheism and Idolatry For if you should consider Man as in his Primitive State wherein he had a clear and distinct Knowledg of the Deity as it were by a peculiar Revelation I do not see how it could ever enter into the Thoughts of such a one to frame any thing to himself to which he could pay Reverence instead of or together with the true God or to believe any Divinity to reside in that which his own Hands had form'd therefore there was no necessity of laying an Injunction upon him in Negative Terms that he should not worship other Gods but this Plain Affirmative Precept would have been sufficient Thou shalt love honor and adore God whom you know to have created both yourself and the whole Universe And the same may be said of the Third Commandment for why should it be forbidden in a Negative Precept to blaspheme God to such a one who had at the same time a clear and perfect Understanding of his Bounty and Majesty and who was actuated by no inordinate Affections and whose Mind did chearfully acquiesce in that Condition wherein he was placed by Almighty God How could such a one be Guilty of so great Madness But he needed only to have been admonished by this Affirmative Precept That he should glorifie the Name of God But it seems otherwise of the Fourth and Fifth Commandments which as they are Affirmative Precepts neither do they necessarily presuppose the depraved State of Man they may be admitted Mankind being considered as under either Condition But the thing is very manifest in relation to the other Commandments which concern our Neighbour for it would suffice plainly to have enjoyned Man considered as he was at first created by God that he should love his Neighbour whereto he was beforehand enclined by his own Nature But how could the same Person be commanded that he should not kill when Death had not as yet faln on Mankind which entred into the World upon the account of Sin But now there is very great need of such a Negative Command when instead of loving one another there are stir'd up so great Feuds and Animosities among Men that even a great Part of them is owing purely to Envy or an inordinate Desire of invading what belongs to another so that they make no scruple not only of destroying those that are innocent but even their Friends and such as have done them signal Favors and all this forsooth they are not ashamed to disguise under the specious pretence of Religion and Conscience In like manner what need was there expresly to forbid Adultery among those married Persons whose mutual Love was so ardent and sincere Or what occasion was there to forbid Theft when as yet Covetousness and Poverty were not known nor did any Man think that properly his own which might be useful or profitable to another Or to what purpose was it to forbid the bearing False Witness when as yet there were not any to be found who sought after Honor and Reputation to themselves by Slandering and aspersing others with false and groundless Calumnies So that not unfitly you may here apply the Saying of Tacitus Vetustissimi Mortalium nulla adhuc prava libidine sine probro scelere eoque sine poena aut coercitionibus agebant ubi nihil contra morem cuperent nihil per metum vetabantur Whilst no corrupt Desires deprav'd Mankind the first Men lived without Sin and Wickedness and therefore free from Restraint and Punishment and whereas they coveted nothing but what was their due they were barr'd from nothing by Fear And these things being rightly understood may clear the way for removing this Doubt whether the Law was different or the same in the Primitive State of Nature before the Fall Where it may be briefly answer'd that the most material Heads of the Law were the same in each State but that many particular Precepts did vary according to the diversity of the Condition of Mankind or rather that the same Summary of the Law was explain'd by divers but not contrary Precepts according to the different State of Man by whom that Law was to be observ'd Our Saviour reduc'd the Substance of the Law to two Heads Love God and Love thy Neighbour To these the whole Law of Nature may be referr'd as well in the Primitive as in the deprav'd State of Man unless that in the Primitive State there seems not any or a very small difference between the Law of Nature and Moral Divinity For that Mutual Society which we laid down as a Foundation to the Law of Nature may very well be resolv'd into the Love of our Neighbour But when we descend to particular Precepts there is indeed a very great difference both in relation to the Commands and Prohibitions And as to what concerns the Commands there are many which have place in this State of Mankind which seem not to have been necessary in the Primitive State And that partly because they presuppose such a Condition as 't is not certain could happen to that most happy State of Mankind partly because there can be no Notion of them without admitting Misery and Death which were unknown there As for Instance we are now enjoyn'd by the Precepts of the Law of Nature not to deceive one another in buying or selling not to make use of false Weights or Measures to repay Money that is lent at the appointed time But it is not yet evident whether if Mankind had continued without sin there would have been driven any Trade and Commerce as there is now in the World or whether there would then have been any Occasion for the Use of Mony In like manner if such kind of Communities as are now adays were not to be found in the State of Innocence there would be then likewise no Occasion for those Laws which are presupposed as requisite for the well ordering and Government of such Societies We are also now commanded by the Law of Nature to succour those that are in want to relieve those that are oppressed to take care of Widows and Orphans But it would be to no purpose to have inculcated these Precepts to those who were no ways subject to Misery Poverty or Death The Law of Nature now enjoyns us to forgive Injuries and to use our utmost Endeavours towards the promoting of Peace amongst Mankind which would be unnecessary among those who never offended against the Laws of Mutual
Society And this too is very evident in the Prohibitory Precepts which relate to the Natural not Positive Law For altho every Command does virtually contain in itself a Prohibition of the opposite Vice as for instance he that is commanded to love his Neighbour is at the same time forbidden to do such Actions as may any ways thwart or contradict this Duty of Love yet it seems superfluous that these things should be ordain'd by express Commands where there are no disorderly Inclinations to excite Men to the committing such Wrongs For the Illustration of which this may be taken notice of that Solon would by no Publick Law enact any Punishment for Parricides because he thought that no Child could be guilty of so horrid an Impiety The like whereof we may find in what is reported by Francis Lopez in his History of the West-Indies Chap. 207. concernning the People of Nicaragua he tells us that they had not appointed any Punishment for those who should kill their Prince because say they there can be no Subject who would contrive or perpetrate so base an Action I am afraid it may savour too much of Affectation to enlarge any farther in the Proof of what is in itself so clear and evident Yet I shall add this one Example fitted to the meanest Capacity Suppose there are two Children but of different Dispositions committed to the Care of a certain Person One whereof is Modest and Bashful taking great Delight in his Studies the other proves Unruly Surly giving himself over more to loose Pleasures than to Learning Now the Duty of both of these is the same to follow their Studies but the particular Precepts proper to each are different for it is sufficient to advise the former to what kind of Studies he must apply himself at what time and after what manner they are to be followed But as for the other he must be enjoyned under severe Penalties not to wander abroad not to Game not to sell his Books not to get others to make his Exercises not to play the good Fellow not to run after Harlots Now if any one should undertake in a set Discourse to declaim against these things to him of the contrary Temper the Child may very well enjoyn him Silence and bid him inculcate them to any Body else rather than to him who takes no Delight or Pleasure in such Practices From whence I look upon it as manifest that the Law of Nature would have a quite different Face if we were to consider Man as he was in his Primitive State of Innocence And now since the Bounds and Limits of this Science whereby it is distinguished from Moral Divinity are so clearly set down it ought at least to have the same Priviledges with other Sciences as the Civil Law Physick Natural Philosophy and the Mathematicks wherein if any Unskilful Person presum'd to meddle assuming to himself the Quality of a Censor without any Authority he may fairly have that objected to him which was formerly done by Apelles to Megabyzus who undertook to talk at random about the Art of Painting Pray said he be silent lest the Boys laugh at you who pretend to talk of Matters you do not understand Now upon the whole I am contented to submit my self to the Judgment of Discreet and Intelligent Persons but as for Ignorant and Spiteful Detracters 't is better to leave them to themselves to be punished by their own Folly and Malice since according to the Ancient Proverb The Ethiopian cannot change his Skin CONTENTS BOOK I. Chap. I. OF Human Actions Pag. 1. II. Of the Rule of Human Actions or of Laws in general 25 III. Of the Law of Nature 33 IV. Of the Duty of Man towards God or concerning Natural Religion 50 V. Of the Duty of Man towards himself 64 VI. Of the Duty of one Man towards another and first of doing no Injury to any Man 88 VII The Natural Equality of Men to be acknowledged 98 VIII Of the mutual Duties of Humanity 105 IX The Duty of Men in making Contract 112 X. The Duty of Men in Discourse 131 XI The Duty of those that take an Oath 138 XII Duties to be observed in acquiring Possession of Things 145 XIII The Duties which naturally result from Man's Property in Things 160 XIV Of the Price and Value of Things 164 XV. Of those Contracts in which the Value of things is presupposed and of the Duties thence arising 174 XVI The several Methods by which the Obligations arising from Contracts are dissolv'd 191. XVII Of Meaning or Interpretation 196 BOOK II. Chap. I. OF the Natural State of Men. 207 II. Of the Duties of the married State 220 III. The Duty of Parents and Children 228 IV. The Duties of Masters and Servants 237 V. The impulsive Cause of Constituting Communities 241 VI. Of the internal Frame and Constitution of any State or Government 249 VII Of the several Parts of Government 259 VIII Of the several Forms of Government 265 IX The Qualifications of Civil Government 273 X. How Government especially Monarchical is acquired 276 XI The Duty of supreme Governours 283 XII Of the special Laws of a Community 293 XIII Of the Power of Life and Death 299 XIV Of Reputation 310 XV. Of the Power of Governours over the Goods of their Subjects 316 XVI Of War and Peace 319 XVII Of Alliances 329 XVIII The Duty of Subjects 333 Written by the same AUTHOR and Translated by J. C. THE History of Popedom containing an Account of the Rise Progress and Decay thereof Sold by C. Harper at the Flower-de-luce over against S. Dunstan's Church in Fleetstreet and J. Hindmarsh at the Golden Ball over against the Royal Exchange Cornhill THE Whole Duty of Man According to the LAW of NATURE BOOK I. CHAP. I. Of Human Actions WHAT we mean here by I. What is Duty the word Duty is that Action of a Man which is regularly ordered according to some prescribed Law so far as he is thereto obliged To the understanding whereof it is necessary to premise somewhat as well touching the nature of a Human Action as concerning Laws in general BY a Human Action we mean not II. What a Human Action every motion that proceeds from the faculties of a Man but such only as have their Original and Direction from those faculties which God Almighty has endow'd Mankind withal distinct from Brutes that is such as are undertaken by the Light of the Vnderstanding and the Choice of the Will FOR it is not only put in the power III. Human Capacity of Man to know the various things which appear in the World to compare them one with another and from thence to form to himself new Notions but he is able to look forwards and to consider what he is to do and to carry himself to the performance of it and this to do after some certain Manner and to some certain End and then he can collect what will be the
against him who shall irreclamably persist in the commission though but of meaner Wrongs For at that rate the most modest persons would be the continual Laughing-stock of the vilest Rakehels Farther in this State I may not only oppose with force the present danger threatned but having repell'd that I may pursue the Invader to such purpose as to render my self sufficiently secure of him for the future Concerning which Security this is to be observ'd If a man having done me wrong afterward of his own accord repenting of what he has done shall beg my Pardon and offer Reparation of the Damage I am then obliged to be reconcil'd to him upon his faithful Promise because 't is the most certain Token of an amendment of Mind if a man repent of himself and beg pardon But he who then only pretends Repentance when he wants Power to prosecute his Violences is not safely trusted for his bare Word and therefore from such a one all Possibilities of doing mischief are to be cut off or some Confinement must be laid upon him that so he may never after become formidable BUT in the second State those who live IX The second Subjects to a Civil Power may then only be take themselves to Violence in the Defence of themselves when the Time and Place will not admit of any application to the Magistrate for his assistance in repelling the Injury by which mans Life or ought that is as valuable as Life or some Good which can never be repair'd is manifestly endanger'd and this is to be used no farther than for the avoiding the Mischief the rest being left to the Judgment of the Magistrate to wit Punishing and Caution that the Offender do so no more IT is moreover not only lawful for us X. An Aggressor by mistake to defend our selves against such a one as out of an evil design against us shall offer us a Mischief but against him also who shall do so by Mistake For instance if a Mad man shall set upon me or one that takes me for another person for whom he hath a grudge For 't is enough that no man has a Right to assault or kill me and I am not under any Obligation to suffer Death for nothing CONCERNING the Time in which XI Time for Self-Defence The first Case the Defence of our selves may be made it is to be two ways consider'd as in the two Cases just before laid down Where each party live in their Natural Liberty although it may and ought to be presum'd that they will mutually comply with the Duties of the Law of Nature yet considering the Pravity of Humane Inclinations they are not obliged to be so secure of themselves but they may seasonably take care of their Safety by innocent Methods of Defence as suppose by fortifying their Avenues against any that shall pretend to act hostilites upon them by providing Ammunition and listing Men by making Confederacies by having a watchful Eye upon the designs of others and the like But this Suspicion which has its rise from the Pravity of Humane Nature is not so to be improv'd as to give occasion to oppress others by Violence under pretext of Self-Defence no not tho I see my Neighbors Power to grow too great especially if such Power has its increase from harmless Industry or be the effect of the Bounty of Providence without the Oppression of others Nay if such Neighbour shall beside his Power of hurting demonstrate also a Design so to do not to me but to another I may not presently without any more ado invade him in my own name unless I am under an Alliance to assist that other who is assaulted by this greater Power And then it goes farther in this Case and makes it expedient to use greater Vigour in my Resistance if it be probable that as soon as this great Power has dispatch'd the other I am like to be next invaded and that the first Conquest he shall make is to be the Instrument of another which he intends But again when it plainly appears that another is making preparation to invade me though he have not openly declar'd his Intention I may immediately enter upon violent Methods for my own Defence and anticipate the Aggressor supposing that he would not lay by his hostile Designs upon any friendly Advice or that the proposing such Advice may prove of ill consequence to my affairs So that in this case he is to be accounted the Aggressor who first meditates mischief to his Neighbour and makes preparation to that purpose and he shall be interpreted to proceed by way of Self-Defence who acting with greater expedition shall surprise the former before he can bring his Design to perfection For it is not absolutely necessary to Self-Defence that I receive the first stroke or that I only ward off and avoid the Blows that are aim'd at me BUT among men who live in a Community XII The second the liberties for Self-Defence ought not to be near so large For here though I may know for certain that another man has arm'd himself in order to set upon me or has openly threatned to do me a mischief this will by no means bear me out in assaulting him but he is to be inform'd against before the Civil Magistrate who is to require Security for his good behaviour The use of Extremities in repelling the Force being then only justifiable when I am already set upon and reduc'd to such streights that I have no opportunity to require the Protection of the Magistrate or the Help of my Neighbours and even then I am not to make use of Violence that by the slaughter of my Adversary I may revenge the Injury but only because without it my own Life cannot be out of danger Now the instant of Time when any man may with impunity destroy another in his own defence is when the Aggressor being furnish'd with Weapons for the purpose and shewing plainly a design upon my Life is got into a place where he is very capable of doing me a mischief allowing me some time in which it may be necessary to prevent rather than be prevented although in foro humano a little Exceeding be not much minded in regard of the great disturbance such a danger must be thought to raise in the Spirit of Man And the Space of Time in which a man may use Force in his own defence is so long as till the Assailant is either repuls'd or has withdrawn of his own accord whether in that moment repenting of his wicked design or for that he sees he is like to miss of his aim so that for the present he cannot hurt us any more and we have an opportunity of retiring into a place of Safety For as for Revenge of the wrong done and Caution for future Security that belongs to the Care of the Civil Magistrate and is to be done only by his Authority NEVERTHELESS though true it is XIII
when they against our Wills and by a motion of their own contrary to their Natures do a Mischief to another we either make Reparation or give up the same For if I am hurt by any Animal that lives in irs Natural Liberty I have a Right by what means I can to give my self satisfaction by taking or by killing it and this Right doubtless cannot be taken away by its being in the possession of another And whereas the Owner of this Animal makes some Gain by it but I have suffer'd Loss by the same and whereas the Reparation of Wrong is more to be favour'd than procuring Gain it appears that I may with reason demand Satisfaction from the Owner or if the Animal be not worth so much then that it at least be deliver'd to me on account of the Damage sustain'd THUS then he who without any evil XIII Recapitulation Intention does an Injury to another ought of his own accord to offer Reparation and to protest himself to have done it unwillingly lest the injur'd person take him for his Enemy and endeavour to retaliate the Mischief But he who with a naughty design shall wrong his Neighbour is not only bound to offer Reparation but to declare his Repentance for the Fact and to beg Pardon On the other side the wronged party having Satisfaction made him is oblig'd upon the Repentance of the other and at his Request to grant him Pardon For he that will not be content when Reparation is made him and a fit Submission but still seeks to revenge himself by force does nothing else but gratifie his own ill Nature and so disturbs the common Peace of Men without cause And upon that account Revenge is by the Law of Nature condemn'd as proposing no other end than doing Mischief to those who have hurt us and pleasing our selves in their Sufferings Moreover men ought to be the more apt to pardon each others Offences upon a consideration how often themselves transgress the Laws of God and have therefore daily so much need of begging Forgiveness of Him CHAP. VII The Natural Equality of Men to be acknowledg'd MAN is a Creature not only most solicitous I. Equality of Mankind for the Preservation of Himself but has of Himself also so nice an Estimation that to diminish any thing thereof does frequently move in him as great Indignation as if a Mischief were done to his Body or Estate Nay there seems to him to be somewhat of Dignity in the appellation of Man so that the last and most efficacious Argument to curb the Arrogance of insulting men is usually I am not a Dog but a Man as well as your self Since then Humane Nature is the same in us all and since no man will or can chearfully join in Society wity any by whom he is not at least to be esteem'd equally as a Man and as a partaker of the same Common Nature It follows that among those Duties which men owe to each other this obtain the second place That every man esteem and treat another as naturally equal to himself or as one who is a Man as well as he Now this Equality of Mankind does II. Where this Equality consists not alone consist in this that men of ripe age have almost the same Strength or if one be weaker he may be able to kill the stronger either by Treachery or Dexterity or by being better furnish'd with Weapons but in this that though Nature may have accomplish'd one man beyond another with various endowments of Body and Mind yet nevertheless he is oblig'd to an observation of the Precepts of the Law Natural towards the meaner person after the same manner as himself expects the same from others and has not therefore any greater liberty given him to insult upon his Fellows As on the other side the Niggardliness of Nature or Fortune cannot of themselves set any man so low as that he shall be in a worse condition as to the enjoyment of Common Right than others But what one man may rightfully demand or expect from another the same is due to others also Circumstances being alike from him and whatsoever one shall deem reasonable to be done by others the like it is most just he practise himself For the Obligation of maintaining Sociality among Mankind equally binds every man neither may one man more than another violate the Law of Nature in any part Not but that there are other popular Reasons which illustrate this Equality to wit that we are all descended of the same Stock that we all are born nourished and die after the same manner and that God has not given any of us a certain Assurance that our happy Condition in the World shall not at any time be changed Besides the Precepts of the Christian Religion tell us that God favours not man for his Nobility Power or Wealth but for sincere Piety which may as well be found in a mean and humble man as in those of high degree Now from this Equality it follows III. Recompence for Service done that he who would make use of other mens labour for his own benefit ought to be ready to make a Recompence For he who requires that other men should do him kindnesses and expects himself to be free from doing the like must be of opinion that those other men are below himself and not his Equals Hence as those persons are the best Members of a Community who without any difficulty allow the same things to their Neighbor that themselves require of him so those are altogether uncapable of Society who setting a high rate on themselves in regard to others will take upon 'em to act any thing towards their Neighbour and expect a greater Respect than the rest of Mankind and demand a larger share of matters to which no man has a claim though they can make out no better Right than another Whence this also is an universal Duty of the Law Natural That no man who has not a peculiar Right ought to arrogate more to himself than he is ready to allow to his fellows but permits other men to enjoy the same Equity with himself THE same Equality also shews what IV. Distributive Justice every man's behaviour ought to be when his business is to distribute Justice among others to wit that he treat them as Equals and indulge not that beside the Merits of the Cause to one which he denies to another For if he do otherwise he who is discountenanc'd is at the same time affronted and wrong'd and loses somewhat of the Dignity which Nature bestow'd upon him Whence it follows that things which are in common are of right to be divided by equal parts among those who are equal where the Thing will not admit of Division they who are equally concerned are to use it indifferently and if the Quantity of the thing will bear it as much as each party shall think fit but if this cannot be allow'd
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
same thing should be encreas'd or diminish'd and why one thing should be preferr'd before another tho this may seem to be of equal or greater Vse to Humane Life For here the Necessity of the thing or its extraordinary Vsefulness is not always regarded but on the contrary we see those things are of the least account or Value without which Human Life is least able to subsist and therefore not without the singular Providence of Almighty God Nature has been very bountiful in providing plentiful store of those things But the Rarity or Scarceness of Things conduces chiefly to the enhansing their Value which is the more look'd upon when they are brought from remote Countries And hence the wanton Luxury of Mankind has set extravagant Rates upon many things which Humane Life might very well be without for instance upon Pearls and Jewels But the Prices of Things which are of daily Vse are then chiefly rais'd where the Scarcity is join'd with the Necessity or Want of them The Prices of Artificial Things besides their Scarceness are for the most part enhans'd by their ingenious Contrivance and Curiosity of Art that is seen in them and sometimes by the Fame and Renown of the Artificer the Difficulty of the Work the want of Artists in that way and the like The Prices of Works and Actions are rais'd by their Difficulty Neatness Usefulness Necessity by the Scarcity Dignity and Ingenuity of the Authors of them and lastly by the Esteem and Reputation which that Art has gotten in the World The Contrary to these are wont to diminish the Price of Things Sometimes again there may be some Certain Thing which is not generally much esteem'd but only by some Particular Persons out of a Peculiar Inclination for Example because he from whom we had it is mightily belov'd by us and that it was given as a Token of his Particular Affection to us or because we have been accustom'd thereto or because it is a Remembrancer of some remarkable Accident or because by the help thereof we have escap'd any extraordinary danger or because the Thing was made by Our selves And this is called the Estimate of singular Affection BUT there are other Circumstances likewise V. Particular Prices Legal to be consider'd in stating the Rates and Prices of Particular Things And among those indeed who live in a Natural Independence on any other the Prices of Particular Things are determin'd no otherwise than by the Will of the Persons Contracting since they are entirely at their own liberty to make over or to purchase what they please nor can they be controlled in their Dealings by any superior Authority But in States and Governments the Prices of Things are determin'd two several ways The First is by an Order from the Magistrate or some Particular Law the second is by the Common Estimate and Judgment of Men or according as the Market goes together with the Consent and Agreement of those who Contract among themselves The former of these by some is call'd the Legal the other the Vulgar Price Where the Legal Rate is fix'd for the sake of the Buyers which it is for the most part it is not lawful for the Sellers to exact more though they are not forbidden if they will to take less So where the Rate of any Labour or Work is tax'd by the Publick Magistrate for the sake of those who have occasion to Hire it is not lawful for the Workman to demand more though he be not prohibited to take less BUT the Vulgar Price which is not VI. Vulgar Price fix'd by the Laws admits of a Certain Latitude within the Compass whereof more or less may be and often is either taken or given according to the Agreement of the Persons Dealing which yet for the most part goes according to the Custom of the Market Where commonly there is regard had to the Trouble and Charges which the Tradesmen generally are at in the bringing home and managing their Commodities and also after what manner they are bought or sold whether by Wholesale or Retail Sometimes also on a sudden the Common Price is alter'd by reason of the Plenty or Scarcity of Buyers Mony or the Commodity For the Scarcity of Buyers and of Mony which on any particular account may happen and the plenty of the Commodity may be a means of diminishing the Price thereof On the other hand the Plenty of Buyers and of Money and the Scarcity of the Commodity enhanses the same Thus as the value of a Commodity is lessened if it wants a Buyer So the Price is augmented when the Possessor is solicited to sell what otherwise he would not have parted with Lastly it is likewise to be regarded whether the Person offers ready Money or desires Time for Payment for allowance of Time is part of the Price BUT after Mankind degenerated from VII Price eminent their primitive Simplicity and introduc'd into the World several kinds of Gaining it was easily discern'd that that Common and Vulgar Price was not sufficient for the dispatching the Business of Men and for the carrying on of Commerce which then daily encreas'd For at first all kind of Trading consisted only in Exchanging and Bartering and the Labours of others could no otherwise be valued than by Work for Work or some Thing given in hand for Recompence But after Men began to desire so many several things for Convenience or Pleasure it was not easie for every one to become master of That which another would be willing to take in Exchange or which might be of equal value to the Things he wanted from him And in Civiliz'd States or Societies where the Inhabitants are distinguish'd into several Stations there is an absolute necessity there should be different Degrees and Sorts of Men which if that simple and plain way of bartering of Things and Works had been still in use could not or at least not without great difficulty support themselves Hence most Nations which were pleased with a more sumptuous way of living thought fit by Publick Consent to set an Eminent Price or Value upon some Certain Thing whereby the Common and Vulgar Prices of other Things should be measured and wherein the same should be virtually contained So that by means of this Thing any one may purchase to himself whatsoever is to be sold and easily manage and carry on any kind of Traffick and Bargain FOR this purpose most Nations chose VIII Gold Silver c. to make use of the Nobler kind of Metals and such as were not very Common Because these being of a very compacted substance they cannot easily be worn out and admit of being divided into many minute Parts nor are they less proper to be kept and handled and for the Rarity of 'em are equivalent to many other things Although sometimes for Necessity and by some Nations for want of Metals other Things have been made use of instead of Money MOREOVER in Communities it is
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
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
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
devour another But after that by the Constituting of Communities Men were reduc'd into such an Order and Method that they might be safe and secure from mutual Wrongs and Injuries among themselves it was by that means provided that thereby they might the better enjoy those Advantages which are to be reap'd and expected from one another to wit that they might from their Childhood be brought up and instructed in good Manners and that they might invent and improve several kinds of Arts and Sciences whereby the Life of Man might be better provided and furnished with necessary Conveniences AND the Reason will be yet more cogent VIII Farther Penalties for the Constituting of Communities if we consider that other means would not have been capable of curbing the Malice of Men. For although we are enjoyn'd by the Law of Nature not to do any injury one to another yet the respect and reverence to that Law is not of that prevalence as to be a sufficient security for Men to live altogether quietly and undisturb'd in their Natural Liberty For although by accident there may be found some few Men of that moderate quiet temper and disposition that they would do no injury to others though they might escape unpunish'd and there may be likewise some others that in some measure bridle in their disorderly Affections through fear of some mischief that may ensue from thence yet on the contrary there are a great number of such as have no regard at all to Law or Justice whenever they have any prospect of Advantage or any hopes by their own subtile Tricks and Contrivances of being too hard for and deluding the injur'd Party And as it behoves every one that would take care of his own safety to endeavour to secure himself against this sort of Persons so no better care and provision can be made than by means of these Communities and Civil Societies For altho some particular persons may mutually agree together to assist each other yet unless there be some way found out whereby their Opinions and Judgments may be united together and their Wills may be more firmly bound to the performance of what they have agreed upon it will be in vain for any one to expect and rely upon any certain Succour and Assistance from them LASTLY altho the Law of Nature IX Adâ—antage of Penalties does sufficiently insinuare unto Men that they who do any violence or injury to other Men shall not escape unpunish'd yet neither the fear and dread of a Divine Being nor the stings of Conscience are found to be of sufficient efficacy to restrain the Malice and Violence of all Men. For very many Persons through the prejudice of Custom and Education are as it were altogether deaf to the force and power of Reason Whence it comes to pass that they are only intent upon such things as are present taking very little notice of those things which are future and that they are affected only with those things which make a present impression upon their Senses But since the Divine Vengeance is wont to proceed on but slowly from whence many ill Men have taken occasion to refer their evils and misfortunes to other Causes especially since they very often see wicked Men enjoy a plenty and abundance of those things wherein the vulgar sort esteem their Happiness and Felicity to consist Besides the checks of Conscience which precede any wicked Action seem not to be of that force and efficacy as that Punishment which follows the Commission of the Fact when that which is done cannot possibly be undone And therefore the most present and effectual Remedy for the quelling and suppressing the evil Desires and Inclinations of Men is to be provided by the Constituting of Civil Societies CHAP. VI. Of the Internal Frame and Constitution of any State or Government THE next Enquiry we are to make is I. Conjunction necessary upon what bottom Civil Societies have been erected and wherein their Internal Constitution does consist Where in the first place this is manifest that neither any Place nor any sort of Weapons nor any kind of brute Creatures can be capable of affording any better and safer Guard or Defence against the Injuries to which all men are liable by reason of the pravity of Mankind than is one Man to another but since their Power cannot be extended to Places far remote it was necessary that those by whom this End was to be obtain'd should be firmly joined together and associated into Communities NOR is it less evident that the Consent II. Numbers necessary and Agreement of Two or Three particular Persons cannot afford this Security against the Violence of other men Because it may easily happen that such a number may conspire the ruin of those few Persons as may be able to assure themselves of a certain Victory over them and 't is very likely they would with the greater boldness go about such an Enterprise because of their certain hopes of Success and Impunity To this end therefore it is necessary that a very considerable number of men should unite together that so the addition of a few men more to the Enemies may not be of any great moment to determine the Victory on their side AMONG those many which join together III. Agreement to be perpetual in order to this End it is absolutely requisite that there be a perfect Consent and Agreement concerning the Vse of such Means as are most conducive to the End aforesaid For even a great multitude of Men if they do not agree among themselves but are divided and separated in their Opinions will be capable of effecting but very little Or although they may agree for a certain time by reason of some present Motion or Disposition of the mind yet as the Tempers and Inclinations of men are very variable they presently afterwards may divide into Parties And although by Compact they engag'd among themselves that they would employ all their Force for the common Defence and Security Yet neither by this means is there sufficient Provision made that this Agreement of the Multitude shall be permanent and lasting But something more than all this is requisite to wit that they who have once enter'd into a mutual League and Defence for the sake of the Publick Good should be debar'd from separating themselves afterwards when their private Advantage may seem any ways to clash with the Publick Good BUT there are Two Faults which are IV. Faults herein how remedied chiefly incident to Humane Nature and which are the occasion that many who are at their own Liberty and independent one upon the other cannot long hold together for the promoting of any Publick Design The One is the Contrariety of Inclinations and Judgments in determining what is most conducive to such an End to which in many there is join'd a Dulness in discerning that Resolution among several which may be most advantageous and a certain Obstinacy in