what only was designed to their Benefit XXV The easie Persuit of the Law WEre the Laws perfect in their Constitution and timely in their Issue yet to them their Ingress and Progress is inaccessable their Virtue cannot be communicable so consequently not generally useful the proper object of a perfect Ordinance This Subject hath more peculiarly for Object the Impotent and the Indigent in reference either to the remoteness of their Residence from the Courts of Judicature or their disability in substance To remove the first Difficulty from the persuit of the Law two methods only are in practice either to constitute several Courts of Judicature in several Shires Counties or Provinces or from the Capital Courts of Judicature to communicate the Virtue of the Law in vacant seasons to the remotest Places of the Commonwealth by their peculiar Ministers prescribed Circuits The former course as now in use not fully reacheth the Propriety insomuch as distinct Courts of Judicature so posited have still relation to the Capital Court and can definitively determine nothing their sentences receding by Appeals unto another Court In which proceding the Subject suffers still more prejudice then attaineth ease Our justicial Circuits more probably might meet a happier issue in the intention of their use To those that by reason of their indigence have not capacity to prosecute a Reparation to their grievances most Civil Jurisdictions do provide redress under Formâ Pauperis which questionless more fully meets the intention of the use where distinct Courts have only reference to the Institution XXVI The Nature of a Law E'Re we had qualified our Civil Ministry with those essential Attributes which might lend Ornament and use to Her Investure it would have first been requisite to the exact simitry of our Structure to have enlarged more peculiarly on the true Definition of her Nature But finding no material Mystery therein we have persu'd the Order of the Letter In favour of the Propriety of our Tongue prefiguring the shadow e're we disclose the subject and here accordingly give place to Her Distinction A Law is a prescription or a Rule impos'd by the Supream Authority of a Nation on every Member of Capacity within the Limits of the Civil Union to restrain each mans Actions from the Prejudice and guide them to the mutual Benefit of one another So that we may positively affirm as reason is seated in the natural Body for the direction of the active Members to their proper use and Ministry to the rest so the Law is constituted in the Civil Frame as a due conduct to our private Rights and common preservation neither can there be any proper distinction in their Faculties both issuing from one source and directed to one end only Nature in that form'd Her Jurisdiction in a smaller continent which Policy in this extended to a vaster Latitude And what the First composed only to one and for the benefit of one the latter constituted â—o many and for the advantage of many from which consequence we may conclude that as Nature proceedeth in the erecting of a light to guide her Ministry Policy must follow that visible light to the direction of Hers. Laws totally divest their Nature of their proper Use and Dignity when they but swerve from Her Prescription A proof whereof we perfectly discover in the Constitution of those Commonwealths which live only according to the first purity of Nature wherein those common Crimes against which our Laws have formed their severest vigour have not so much as Intimation in their Letters To this the Apostle yields his evidence affirming That some not knowing the Law performed those things contained in the Law and were a Law unto themselves Informed by that innate Light of Nature Reason in her uncorrupted Purity which secretly did prompt them To do unto others as they would that others should do unto them But when man fell from the Rules of Nature to live according to Art and Opinion he wrested This Light to their adulterate uses and guided That should have directed him Farthermore every perfect Ordinance extends It self to the two foresaid Objects The preservation of a distinct Right And The Advantage of a mutual Benefit as they are to be enfolded in one Rule so they must not be divided in their Ministry The just Interest of one must not so strictly proceed as to subvert the existence of another Such severity would utterly pervert the Nature of a Law rendring Summum Jus Summa Injuria The utmost Right the highest Injury In which regard perhaps the Institutors of our Law foreseeing the difficulty to unite these Heads in one Prescription have divided them in their Natures constituting distinct Courts to the peculiar Ministry of either styling the one Law the other Equity This only form'd to moderate the Rigour of That Moses Moral Institutions had in every particular an especial regard in regulating the extreams of Civil Rights One man might take anothers Coat for Pledge but was inhibited to retain it longer then till night Perhaps lest he not having other shelter to defend him from the Injury of that season might possibly thereby incurr the hazard of his Life In matters of private loan all usury was interdicted Prefiguring this course should only be an aid unto necessity no Minister to Lux or Avarice And he that was reduc't to the extremity of borrowing only to support his Life could probably make no such benefit thereof as to return it with advantage without impeaching farther the visible means unto his Preservation All contracts for Lands and Houses in some cases had their Period of Restitution which was the ensuing Jubile In respect that one mans unlimitted enlargement how just soever in the Acqulsition should not reduce his joynt Associate into indigence XXVII The several Objects of the Law in Reference to the Security of the Natural Union THE Life of man is the union of two differing Subjects Matter and Form The improvement of whose Faculties distinctly taken may consequently have two several Objects in reference to the said Division Natural and Moral But since joyntly taken the one can seldom suffer an Impeachment without a prejudice to the other The Security of Both will meet in one Principle The common Agents of the dissolution of this union which sometime fall under the capacity of humane Remedy are Wilful Violence Sickness Want of which we will discuss in order XXVIII Wilful Violence AS this Subject hath in regard of our Order attained the preheminence of Position so in Respect of her Nature it requireth more eminence in Opposition No Act can so much blemish the Dignity of a Civil Government as this simply taken in that it seemeth to usurp the Authority of the Civil Jurisdiction in assuming an impartial satisfaction to the distempered will The first Curse Man incurr'd was for his Disobedience to his Creator which in the Issue found an advantageous Cure The second Curse befel Him was for his Violence to his
which inflexibility and repugnance of Spirit enforst the wisest Legislators to have recourse unto more powerful Aides then humane Reason to rectifie and reclaim so licentious and irregular an Inclination as counterfeits of Moses procedure in his Divine institution of the Jewdaick Law pretending all to have received such Prescription in a supernatural manner immediately from Heaven Such speculative Ordinances Licurgus the Lacedemonian Legislator pretended to have receiv'd from thence by the community with his Hinde such Numa with a Nymph such Mahomet with his Dove And since they were not able to perswade endeavour'd thus to cheat the sense the corrupt Minister to the will But such Imposturies may easily be disclos'd in the resemblance of their prodigious issues which bear not the similitude of their pretended pattern The Mosaical Law exactly represented the Divine Character of such a principle consisting of two anited yet distinct Tables as containing Subjects of a differing Nature in reference to one only Object Common Union which equally was expounded by the holy Word Love God above all things and thy Neighbour as thy self From which compendious stock were extracted by the inspired Minister for Illustration and Eclarcisement the issuing Branches of the Ceremonial and the Moral Law And although the result of the first Apostolical Council seems to dispence with such Ordinances as a yoke too weighty for their Fore-fathers yet is it questionless to be suppos'd in Reservation of the original in which Distinction the Cabalists generally seem also to agree affirming the Dâ—â—alogue only to be the Law of God the Appondices the Institution of Man This Exposition the sence of Moses words in the Publication thereof seems implicâ—tly to confirm The Preface to the Principle Decrees being God spake these words and said The Introduction to the Collateral God spake unto Moses and said say unto the people In consequence of which Argument in obedience to the Institutor we will positively admit of the principle as a Rule unto our Ordinances and in Reverence to his Minister not neglect the Appendices as a Light unto our Institutions how which hath been or yet may be pursued to the exact constituting an unquestionable Authority to a Law We farther will examine The Ornaments most in use to the investure of this awful Majesty of Rule are either in regard of the Act formed from Antiquity or Custom Or in respect of the Actors from their Virtue or Pow'r Between Antiquity and Custom in Relation to common Rights there is only this Distinction The latter may properly be said to be the unform'd and illegitimate Issue of the former unform'd in regard it bears not the distinguishable signature of a digested Law though it executeth the priviledge thereof extracting the Virtue of such efficacy from Toleration rather then Commission Illegitimate in respect the Original thereof alwayes is ambiguous 1. Antiquity for Reception pleads the Perfection of Her work from the stability of the materials thereof the Propriety thereof to the use from the Facility of Her builden form'd in a long digested Habit the consequence of the cominuance thereof from the common danger inherent to an I … ion The essential weight of all which Arguments we farther will endeavour to discover The pretended proof of the Perfection of Her work rightly understood is but a Badge to the inherent Distinction of her own Nature What e're is Aged styl'd of necessity implyes the same must have been lasting Neither doâ—â— the perfection of our Subject fall under the predicament of Quantity but Quality Non quà m Diù sed quam Benè Not how long But how well The Propriety of her work to the use is improperly posited a consequent to the facility in execution since we may sometimes observe ev'n Nature her self translate the use of Parts which not rightly constituted did frustrate her Intention so in defect of hands some have exactly written with their feet Which Action wanting the Grace and Order of Natures Institution may rather be instyl'd a Prodigy then a perfect Ministry Practice may possibly form a Habit in imitation of Nature or of Reason which properly are consonant unto the Rules of neither In discovery whereof if we shall search into the Primitive Models of Civil Government we shall finde therein such ridiculous Absurdities notwithstanding the common Union hath been lasting and perhaps flourishing that a clear judging Spirit will admire how the reverence of this Idol should keep enlightned Ages in such servâ—lity as not to dare to handle her yeâ— remaining Relicks probably this may be in honour of the Vertue and Felicity of the Communities of those times whereof such Institutions may be thought to have been the immediate Instruments when really they are not so much as the remotest Relatives thereto But the happy issues only of mans declining yet not totally subverted Innocence as nigher the Original of his first Purity but when this wilde distemper had attain'd to a more eminent extream exacter Rules became requisite to rectifie the disorder The third pretence whereby Antiquity may claim a right to her Establishment is the consequent danger to an Innovation 'T is true all Alterations how profitable soever bear in their Introduction an appearance of damage especially not rightly managed â—s when too sudden or to the preceding directly opposite Yet any Pilate though but meanly skill'd may easily avoid those shelves insinuating his Purposes by imperceptible Degrees and guiding them obliquely to their End Yet lest this notion in the ejection of Antiquity from the right of a just Authority to the Institution of a Law should altogether sâ—em impertinent to the use of that Community to which this Treatise is peculiarly addressed To enlighten the Intention of our Argument we humbly crave permission to weigh the consequence of a proof extracted from our common usage Omitting to insert intails of Lands by private Act or Testament although the Tenors thereof terminate in the succeeding consequence because therein perhaps may be alledg'd the Laws were guided by the intention of the Donor in the disposing only of his own We will disjoyn them from all other Reference and leave them soly to their proper issue admitting for example A man by his own acquisition become possessed of a real Estate dies intestate and leaves surviving a dozen Children Males and Females The Law confers the said Possessions wholly on the eldest Son in right of His Succession with small regard or none unto the Rest who thereby are enforced to subsist on Almes or Servitude With all due reverence to our Legislative Power can the allowance be adjuged equal where the very innate form of Natures Rules so sweetly and infallibly guide every Beast by secret and instinctive Motives to the impartial preservation of their kind may seem extinguished Nor is this Law less dissonant to Moses's Moral Institutions Which to the Primogenitor only yield a double share as the advantage of his Birth-right The Civil Law above the rest affords him meerly but the
Brother which Visibly ne're met an Absolution God the immaculate Essence of Justice herein seems jealous of the Rights peculiar to his sacred Ministry reserving only to himself this high prerogative Vengeance is mine Nor can the Law without a blemish to this Image It represents resent the unjust encroachment on her Rights herein with less severity But to discover the degrees of this exorbitance inherent to Her Nature it will be requisite to visit Her effects in the Distinction either of the Subject Manner Place or Measure The first Subject considerable on whom a violence may be practised is according to the Rule of God and Nature that which each man acts upon himself The ground whereof is hardly evident to a moral sence which only measures the regularity of the exteriour Actions according to the damages sustained by another prefiguring without such Reference each man might justly claim a priviledge in the disposure only of his own in which regard perhaps the Ethnicks have assumed so much Glory from this Enterprise hereby as they conceiv'd triumphing o're the Malice of their Fate though peradventure the Temerity might more equitably according to their own Rules merit the reproach of Lachety then the applause of magnanimity since so ignominious an Evasion betrayes not only the abjectness of the minde but the infirmity of Nature as well in the Anticipation of an evil by an irrational Apprehension as in the distrust of our Faculties to undergo the encounter The exercise of Fortitude is opposition not flight But yet this Consequence if assented to will really not reach the Nature of this Crime we therefore must make use of higher speculation to the Discovery To ascend thereto if we shall make the first step on the Base of Natures Rules This Act will totally appear repugnant to her Order Chaque Chose suit ce que la destruit Every thing doth flye that which would it destroy If it infringe the Institution of Nature then consequently the first and most general Decree that ever was imposed by our Creator If we look into the Letter of his Law which may be thought more nighly to concern us We shall finde the Intirnation hereof infolded in a general Inhibition Not Kill If we shall yet search into the Nature of the Fact by the Collation thereof to the preceding Actions of the Practisers we must conclude that it will seldom be found other then the issue of an irregular Life wherein the all-supporting Influence of our Creators Grace seems totally retracted as may appear in the prodigious Lives of Heliogabolus Caricola and others In opposition whereof if we shall reflect on the Actions of Brutus and Cassius we may affirm That Caesars Murther how fairly soever polisht with pretence so far eclipst the Beauty of their former Virtues they cannot win in an impartial Judgement so much credit to lend their Lives or Ends so much distinction from the rest as to give weight to an Objection From sacred Record with more Authority perhaps to these may also be annexed Saul only therein we meet with Rhasis example whose unblemish't life and high approved end though by himself advanc't may cast some scruple on our Argument yet since this falleth under the Relation of an obscure original And under the Pattern of a transported Seale we thereof not admit as a fit subject to a farther discussion only the life and end of Cato Uticensis may afford a Proof without exception where no Displeasure sprung from his proper Interest found the least motive in his Resolution but since the Actions of his Life had more refin'd Resorts then humane sence can probably disclose soaring a pitch beyound the Practice of a Parallel we will in honour of the Object of his Passion forbear to insist on the Conclusion Yet if we shall persue the inward trace of this Distemper more peculiarly and pry more narrowly into the secret source thereof we questionless shall finde it evident that from the preposterous Conjunction of repugnant Passions Fear and Anger issueth self-dislike This misprision of the work at length begetteth a contempt of the Artificer which since it can reach no higher presumptuously attempteth to destroy his Image betraying in such disobedience the trust which was imposed for her safeguard anticipating the tearm of the surrender My dayes are in thy hand not in our own To which may probably be objected that a man may sometime be reduced to that exigence which probably may figure an authentick Summons In reply whereto we may alledge that such extreams are not distinguishable to humane sence the Power and Providence of our Protector being unlimitable in the Measure and inscrutable in the Manner Snatching Daniel from the Jaws of the hungry Lion and Jonas from the entrails of the Whale Nor is such Grace dispensed rarely or in favour only of his Prophets as may be instanc't in * a Grecian Captain's Delivery by a Fox from out the Entrails of the Earth for dead by his Enemies cast in an Abiss from whence no humane Art nor Industry could have withdrawn him by a timely succour Having disclos'd the Nature of the Crime we should proceed to figure the eco a due penalty to the restraint thereof But as a moral Inspection could not attain the Mystery of her Nature so no moral Institution can reach the manner of the punishment the Delinquent being hereby become impassable to Her Prescription remaining nothing inherent to his peculiar Property whereon the Civil Jurisdiction can equitably be satisfied but his Carkass and his Memory The subject next material in reference to a violence is the Natural Parent without distinction and not without a valid consideration there being not a more legitimate inherency to Rule then that which is the immediate cause to our Production And the more reverence owe we to his Dignity in that our Creator descendeth to illustrate His Bounty to us under this relation In emulation whereof all Vertuous Princes have misprised the most glorious Titles in Competition with this high Attribute To this most just Preheminence followeth so strict an Injunction of Conformity that the penalty of an Offence shall violate this Right but in a stubborn Refractory or Indecent Opposition was by the sacred Law pronounced Death Who hath a rebellious Son that will not obey the voice of his Father or Mother nor be reform'd by their Correction their Parents shall deliver him to the Civil Magistrate who shall cause him to be stoned by the people From which consequence we may gather the Nature of that Crime by open or by secret practice shall willingly attempt to reach at their destruction In constituting Laws to the Restraint hereof most Legislators have in the primitive texture of their Civil Frame been altogether negligent either concluding that nature had in such Relation too powerful an influence in her Impressions to want the aid of artificial Ministry or else reflecting on the common frailty of our Nature which took more violence from restraint
sustained the Indignity of the extreamest out rages may sometime be provok't to yield unto a less the Spirits pre-disposed insensibly attracting the Flame was formerly to them familiar leaving no intermission for Discourse to agitate on Restraint of the transported will as also frequency in Injury may possibly proceed to an irresistable Importunity And in an Insolent Solicitation exact that our will assents not to Potentia motata fit farâ—â— Incensed Patience becoming fury Furthermore the Cessation Interruption or Restraint of the first motive probably may prefigure a declining from the Prosecution so that from a clear Perpensation of our Argument may really be collected so visible a difference between this manner of strife and pre-designed Conflicts as may equitably lend a more moderate Distinction to the Penalty Duels may properly be extended unto these Distinctions Extrajusticial Justicial and Private Extrajusticial Duels are such as are Authorized by mutual Assent of two hostile Nations for preheminence in Honour for the Decision of pretended Rights to avoid in future the effusion of more Blood and other general Calamities too incident to War though otherwayes successful so were declined the Divisions between the Israelites and the Philistians by David and Goliah So concluded the Contestation between the Romans and the Albans by the Heratii and the Curatii Although the latter manner of Conflict may seem rather to approach the Nature of a Skirmidge then a Duel which taken in the strictest sence implyeth only single oppositions These manner of Conflicts are so far removed from the subordinate suppression of a Civil Jurisdiction That they are only grounded on support of the due Interest thereof And from It rather merit what e're the issues be an eternal Monument of Glory then a scrupulous Check Insomuch as the Agitator totally abandoneth his proper Interest in Favour of the publick Benefit Other Military Combats of this Nature having no Reference to the former Object are but soments to vanity and utterly destructive to the order of the Warlike Frame Justicial Duels with us now out of use have left but an obscure Original both to their Nature and their Institution yet probable it is the chief ground of their sufferance was only Lactant. de Ira Dei. in discovery of the Truth where evidence sufficient was not visible either in Decision of private Rights or publick Impeachments A Custom only form'd to supply the Intention of defective Laws amongst scarce civiliz'd Nations whose superstitious Souls more awfully were guided by event * Stovaei An. 25. H. 8. Liv. ab v. c. lib. 28. which visibly were often fallible then the Light of Nature And though this usage holding Affinity with the Nature of a Law may seem to borrow some Authority from sacred Practices As in Discovery of the Babylenian Vesture And in Inquisition of the Breach of Sauls vow'd Fast Yet here the procedure hath only Reference to Divine Trespasses which passing without Civil Punity the whole Society sunck under Burden of the Guilt till It was expiated which could no otherwise be done but by disclosure of the Criminel whose hand best found that was thereby offended But in discussion of our Civil Rights which reach no higher ground then humane Reason Man must thereof acknowledge his just forfeiture that shall conclude without It tempting the Almighty to educe a Miracle to determine that which he had granted means to attain unto Private Duels taken in the strictest sence are only single Combats in Weapon time and place determinable sprung from no other ground then sence of Injury nor prosecute other object then Revenge though Both oft-times seem measur'd by the resentment of some others more then by our own Vanity the litigious pretender to Honour must court her looser Mother vulgar Opinion to attain his Prostitute A ridiculous Motive to an arrogant Assumption pretending both to Right and Power to arbitrate and to Execute in our proper Interests in Contempt or Misprision of the Civil Jurisdiction so that we may conclude according to the Event the Trespass is from Others of this Nature but distinguishable in an ostentive Attribute whether the extent hereof may possibly reach the Nature of a Murder perhaps in Civil Rules may be disputable In that the Intent which soly is effectual to qualifie the Fact with such Distinction seems fully prepossest to use the uttermost Ability to take away anothers Life yet in Respect the persuit is with equal hazzard of our own meeting like purpose in the Opposition such Attribute Hereto too strictly seems implyed though not by Law for such too strictly punished First insomuch as in such Procedure the injured seems to usurp the Authority of the Civil Jurisdiction in persuit of his own unequal satisfaction as also in that the Tragick Issues of such Conflicts often do engage succeeding Families to their Inemnities thereon sprung in like Oppositions Furthermore in that such Action passing with Impunity may seem i' th vulgar Voice to constitute that Glory on a Crime which soly should be proper to a vertuous Enterprise One Controversie inherent to our Subject yet rests undiscust whether the Seconds acting no farther then to secure the Principles from indirect Advantages or treacherous practises may equitably be attainted by the Law as Accezoir or Complice to the Fact In solution whereof we may reply That since the Seconds were privy to the Intention of the Principles which they had power to frustrate by Information of the Civil Magistrate they as Collaterals may be accounted guilty of the event in favouring so their purposes 3. Surprises to moderate or extend their Nature may be indu'd with these Distinctions Essential Definitive or Relative Essential Surprises are such as e're they are educed into Act are formed pre-advisedly in the intention of the Agent beyond the Notion of his Adversary so that we properly may tearm the Fact a treacherous Assault with Weapon undistinguishable be it Sword Fire or Poyson This is without contradiction the highest and most damagable kinde of Violence insomuch as it leaveth none the smallest shadow of a visible security The strongest hereby becomes deprived of his strength and the wariest of his Caution Nor can the undertaking meet a Cause or Circumstance might mittigate the Nature of the Crime Amasa's open Hostility with Joab could not render the Fact pardonable in his Judgement for whose Interest and Advantage it was finished Nor can Parmenio's Treason the Guises Indirect Ambition or D'Ancre's Insolence excuse those Princes who to avoid the casualty of their redoubted Power have secretly and indirectly so contriv'd their Ruine The course of Justice either must be prosecuted or oppos'd to form her Execution warrantable If the first could not be persued with the publick Safety the latter might be proved but with private Jealousie Who submit not unto the empty Summons of a just Authority may be concluded guilty without a farther Deposition Definitive Surprises are such which were not formed formerly in the Intention but on a present
Capacity to a Civil Correction 't were necessary such Remisness in them were either check't by Fine or Publick Infamy To attain yet a more clear Discovery of the Nature of our Subject in Reference to our Common Welfare we will reduce It with Relation only to these Principles Divine Civil and Moral Under the Intimation of Divine we chiefly may comprise Enormities are perpetrated against God or his Sacred Institutions which being the Supream Authority from whence all humane power pretends to be deriv'd should more severely be preserv'd from violation ev'n to the due Conformity of the subordinate Ministry And although we may in this Insertion seem to digress from the Intention of our present Treatise as an improper Object to our Civil Minister extending far beyond the Latitude of his Faculty yet insomuch as the Remonstrances Menaces or Exhortations of the Divine Minister are unto Carnal and to sensual Spirits but an ineffectual Procedure to the due Restraint of our common Corruption where the Civil Minister becomes not coadjutant to rectifie the Disorder we may conclude the inconsiderate Neglect Hereof must inevitably form the Civil Power less successful in her Ministry declining totally to agitate on the Infringement of Superior Orders The Fundamental Establishment of their own The first and highest Degree in such Delinquence is the denying of his Essence who of free Grace and Goodness imparted to us ours which Disclaimour most justly may deserve the Forfeiture of his Tenor. Subordinate to This is the Derogating from his Sacred Attributes which being properly and immediately inherent to his Holy Essence more opprobiously and maliciously endeavoureth in Contempt to deny that supream Power he is enforced to acknowledge Nor can such a presumptuous Repugnance against the inward Light be reputed in humane sense less hainous then the former Contingent to These is the Prophanation of his Name and Sacred Ordinance either in Licentious Discourses or Actions tending irreverently to the Misprision of his adorable Essence or his Holy Rites which extravagant insolence may justly merit to be suspended from the Priviledge of a Common Vnion Collateral hereto is the solemn Invocation of his Sacred Name to the Attestation of a matter false or falsified which without Reference to anothers Interest as the Signet only of our own serious Resolutions is a Crime of a most reproachful Levity which requireth before God and Man a penitent and high submission But wherein others Interests immediately are concern'd a Crime of highest Treachery In Respect such Assertions give Rules unto the Law It self which is our common safeguard But this Branch of our Subject falling under the Prescription of a Civil Penalty We shall not farther here insist to treat upon Reserving the Persuit Thereof to a more proper and peculiar order Farthermore we may yet hereto not improperly insert the Common and too frequent usage of His Name in vain which heedless Custom forming into Habit insensibly detracteth from that awful Reverence should be revived in us on every explicit Intimation of his glorious Distinction Nor can a more effectual Restraint be formed to suppress such unadvised Imprecations then a private Reproof or a publick Reproach from His peculiar Minister 2. What may ensue from the Licentiousness of Vice to the Infringement of the Civil Order we here may properly omit to treat upon insomuch as the general Inference Thereof hath herein only Reference to the Impeachment of anothers Interest directly and immediately A common Principle to the Decision of right which may more clearly be enlightned in the peculiar Order we design to the Discussion of each Branch thereof only we may here generaly Note that ev'n therein most Laws too strictly oft adhere more to the litteral formalities of a Plea then the essential Result of a Proof As to the Moral Distinction of Vice which fall not under Latitude of a Civil Penalty being the peculiar Object of our present discussion we will yet more intentively endeavour to reflect upon Unity and Concord being the chief Objects should guide us to the lasting Establishment of a happy Society it will be materially pertinent in the search thereof to visit the primitive and secret underminings of a mutual Agreement which may undoubtedly be discovered in the first subtle Practice of Mans common Adversary under the Figure of a concealed Malice whence This privy Ranchor should take Original may probably be judged from a repining Envy contracted by the sense of a Disparity in their present Conditions This seed of common Sedition from thence scattered into the Heart of man to finish in our overthrow what This Imposture had so effectually commenced by a perpetual commotion in our Civil Communities hath enforced the exactest Constitutors of a Civil Society not being able to extirpate the Roots hereof utterly to remove those Causes from amongst them which might conduce unto the Birth or nourishment thereof as Licurgus in taking away the use of money And the primitive * Romans in the equal Partition M. Curius of their Territories But the Corruption of succeeding Ages falling from so happy Principles of Vnion require more Circumspection in the mannagers of Rule to the expulsion of such venome from the Civil Frame which better to distinguish we properly may lend to It this Signature Malice is a secret and violent Transportation of the will unjustly to procure Evil to Another nay often to our proper Detriment proceeding from the affected Advantage of Anothers Endowment Sundry branches some more or less immediately issuing from This stock become more or less prejudicial to the Common Vnity as the Degrees of virulence lend Influence to the first Contraction which may clearly be distinguished in the common Consequences of Slanders Calumnies and Detractions Others more remotely as Incivilities Affronts Disgraces in general Scoffing and Deriding All which particulars we severally will examine more truly to discover the full weight of each irregular Motion may form a Discord in our Civil Harmony At first Inspection it may appear an Impropriety in our order here to insert the Treatise of a Slaunder being a Subject propounded by the Law within the Limits of a Civil Penalty but with so strict a Reference to the Letter that few Degrees of Obloquy will under the common Rules thereof fall within the exact Distinction of a Scandal as if the nice Formalities of the Law intended but to sport with private and refined Infamy To supply this Default in a Civil Prescription we will endeavour yet more amply to define the Nature of Slaunders Calumnies and Detractions with their ensuing Damages to a Civil Union lest that their proper and implicit Sences should become confounded under the Notion of one common Distinction A Slaunder here intended is a false suggestion against another legally extending to a Criminel Matter Calumny A false Aspersion extending only to the Civil prejudice of another Detraction simply inferr'd is a false Supposition obliquely insinuated to blemish others Honour or Applause 1. How material Breaches
Simitry with the Capacity of our Treatise The Subjects we would hereupon infer are Actions of Licentiousness as Drunkenness Luxury Gaming Riot Drunkenness may possibly appear a Subject here improperly inserted in our Order in that most Laws may seem to form thereto a due Punition Yet in Reference to the Nature of the Crime not totally equivolent weighing judiciously the common Damage thereon may ensue unto the Civil Texture in regard it is a reproachful exhauster of the Publick Store A certain Ruine to a private Family An apparent Introduction to every Mischief A temporary Dissection of a Member from the Civil Frame Under what Degree of Disorder this Distemper truly may be distinguished is not altogether unworthy a due Perpensation since the vulgar in favour of their sensuality have lent It so gross and ridiculous a Character as is not to be encountered but in the highest extremity But far more rationally may be affirmed That every extravagant Emotion of the Spirit and every impotent and irregular Motion of the Body by drink procur'd may figure the Distinction Under the Intimation of Luxury may be imply'd all sensual Excesses whatsoever more especially the inordinate Indulgence to the inticing Relishes of the Pallate and the lascivious and unlawful Prosecution of a Bruitish Lust How far the common Consequences Hereof may reach the Detriment of the Civil Structure we will endeavour clearly to enlighten Our Subject taken in the former Sence is not only a superfluous Consumer of the Publick Affluence to the enhancing of Provisions most useful to a common Existence but with the inevitable Incumbrance to our own private Fortunes also a visible extinguisher of That which It pretendeth but to cherish smothering or enfeebling the innate Heat the immediate Instrument to every Faculty of Nature So that not only the Body but the minde becomes hereby obscur'd effeminate and slothful and consequently unuseful to every Civil Practice Farthermore the Charms of this Indulgence to our proper Genius so endeareth the Affections to a bruitish Sensuality that it totally alienates the Thought from any sense of others suffering so far that It becomes unto the Civil Frame a Burden incommunicable This Subject taken in the Latter Sence though from the other seldom found divided the Latter being usually joynt Issue to the former meeting a Celibate Condition begetteth either a Protraction or a perpetual Renunciation of an Hymeneal Union both punishable by the Law in Civil Communities of severer Discipline encountring a Conjugal Estate It breaks that Band of Amity which is the first strictest and most natural Foundation to a Civil Union in either if any It produceth but a spurious and degenerate Issue That sence which the Former Attribute could not reach to in the common usage of our Tongue more properly may under the notion of Riot be exprest having for Object a servile Assubjection to the Adulation of the senses not formerly thereby inferr'd at how profuse a rate soever so that in Respect of the vanity This Piece of Liceatiousness hath a Latitude beyond the Capacity of a Prescription whether in the Curious Sumptuous or Superfluous Ornaments inherent to a Person Place or Equipage or in the alluring Rarities or Excesses of an entertainment tending rather to exhaust the Affluence of Nature then satisfie with her Plenty Where Noise and Vapour to affect the aiery senses more o're ballance in expence the Rest Or what other fantastick Ministry to a distemper'd Fancy tends but to form prodigious vanity or a ridiculous singularity which sometime meets so high extravagance that sundry Figures Drawn Cut or Grav'd in the Mettal Earth or Stone under the Honour only of Antiquity become the price of a considerable Revenue What measure of Disorder may hereby be procured to the Civil Frame will clearly be distinguisht in those Breaches which the most flourishing Societies have suffered under so impetuous a distemper which like a raging Fire consumeth All to satisfie It self leaving no Rights unviolated No Mischief unpractised to yield new Fuel to the corrupted sense when the Materials fail to satiate the unbridled will This Exuberance of the Wanton Blood most usually is engendred in the Greater Vessels of the Civil Body from whence It by the lesser is attracted by affected Emulation till It become a general Infirmity whereby the whole Frame voluptuously effeminated becomes incapable of any generous Action so consequently a prey to the slightest Incursions of an Enemy Gaming not taken in the sence of a Divertisement but in the Nature of an ardent Persuit to a dishonourable Acquisition where the Adventurer to improve the Advantage of his Stock puts it to the Question whether his just Possessions be his own A ridiculous and bewitching Itch of Avarice where each one in sport persues Anothers Ruine in earnest In the Victor the Facility of the Acquisition begets a Profuseness in expence In the vanquisht a self-consuming Ranck our to repair the Dammage so that neither attain the end of the undertaking since both become frustrate in the Improvement of their Condition The former swelleth with vanity of success although not raised on his own sufficiency The latter shrinks away dejected as guilty of his Folly more than ashamed of his Fortune Nor yet alwayes so silently passeth the Debate Execrations and Imprecations usually fill up the Scenes which frequently are closed in a Tragick Issue the interlude too probably the Prelude to a Quarrel How materially the unrestrained Liberty hereof may conduce to the Dammage of a Civil Society we need not to infer when we shall reflect upon the Consequence of the Practice tending to a certain and sudden extirpation of a Family where the falling Pillar not only shattereth his own Branches but either becomes an useless Burden to the whole Frame in a passive Indigence or a common Incendiary in sinister Practises to supply a Recruit by desperate Attempts We have omitted to propound to every exorbitance an equal Penalty according to our former Order In Respect that divers Circumstances both in Action Place Person Age Sex c. may not only vary the Measure of the Error but the Nature also of the Penalty which can only meet a plausible Infliction in the Judicious Imposition of the Moral Censor XXXVII The General Properties inherent to our Civil Existence with their ligitimate Fruition and Possession BEfore we proceed to treat of the Security and Improvement of our Civil Property in Order immediately ensuing It will first be requisite that we should fully and clearly distinguish the Dependences thereof with their Legitimate Possession and Fruition without which our Enterprise will in the most perfect Contexture encounter but an improper Issue since Rebels Out-laws Thieves and Rovers may in their common Association possibly pursue an equal Method to preserve the Spoil Rapine and Murder had congested yet not attain the Dignity or Glory of a Civil Society In order to our Proposition The General Properties have Reference to our Civil Existence may properly be specified
their Nature A Conjugal Separation is either Extralegal or Voluntary or Legal and Impulsive Extralegal or Voluntary Separation is such a Division in a conjugal Union as may be constituted by mutual Assent or Agreement of the Parties which may either be repealed or continued without any Procedure or Formality of the Law A Legal Separation is such as by due course of Law becomes imposed on complaint and by due course of Law may with consent of Parties be repealable if irrepealable the true Distinction Thereof more properly falls under Nature of Divorce The Extralegal or Voluntary Separation form'd from Divine or Moral Prescription not reaching any Civil Ordinance we will omit here farther to discuss upon as altogether improper to our Subject The Legal or Impulsive Separation presents unto us a double Ambiguity whether and on what Ground such Separation may plausibly be constituted by a Civil Ordinance And whether any Act under such Separation passed joyntly or severally wherein both Parties are concerned may be accounted valid For solution we may conclude that such a Procedure possibly may justly fall under the Concession of a Civil Judicature But with this strict Limitation only where a visible Attempt hath been practised against the Life of either party by the joynt Associate in regard our common safety is the immediate Object of a Civil praescription And although it here may be alledged that the Civil Texture hath more forceable and general Rules form'd in it self to the due restraint of such Accidents Yet where the Fewel to the Action so nighly and continually is fomented the Civil Judicature might justly be held guilty of the barbarous Issue should It decline from the removal of such opportunity might minister to the Mischief As to the Transactions joyntly may concern the Conjugal Union under a legal Separation we either may reduce them to a Civil or a Natural Reference The Civil have their Limits under private Contract or under publique Ordinance The Natural suspended by Decree cannot without a publique Repeal either severaly or joyntly transacted attain a true Legitimacy The nature of a Divorce extendeth to a vaster Latitude having for Object a total or perpetual Separation from a conjugal Society impulsively constituted by a Civil Ordinance But under what Remonstrance such a censure may justly pass the Civil Judicature is not so fully specified Acts of Adultery are only explicit'ly expressed in the sacred Letter and so far prosecuted by the Institution of the Civil Law but under such Obscurity and Difficulty in the distinction that the intention thereof totally thereby becomes frustrate In Reference to the First obstacle where the ground of the Procedure falls under a criminel Trespass The Praescription vainly tendeth to a Civil Division in Relation to the second where the Charge requireth an occular Testimony to forme the Impeachment regular the proof rests totally o're-shadowed with a humane impossibility We may yet more properly hereto annex such incapacities as may frustrate the intention of the Conjugal Institution whether Civil Natural or Accidental Under the Notion of a Civil Incapacity may pass not only such as are excluded by a common Praescription in the Civil Order as Ideots Lunaticks c. But such Relations also of a Blood as in regard of their Proximity may decently fall under Legal Interdiction Qui loco Parentum inter se habent c. Under the distinction of a Natural Incapacity we may infer such incorrigeable Imperfections as by nature happen through the error of her work The Accidental Incapacity may be extended to Praeternatural or Artificial Affections The Praeternatural where either Naturally or Adventitiously ex morbosa aliqua constitutione partis aliquid deest vel superest by imperfect constitution of Parts some thing is either wanting or superfluous The Latter Imperfection may fall under the possibility of a Remedy to render it a capacity of Conjugal Union As Imperforatae The Former never Under an Artificial Incapacity may be inserted such an Impotence as is contracted by inward Assumption or outward Application or by Enchantment as Ligati But in respect such disabilities seldom are incorrigeable we cannot justly exclude them from capacity of Conjugal union Some difficulties inherent to our Subject may pertinently be here enlightned as whether such a legal Incapacity ought to be subsequent or preceding the Conjugal Association And whither such an Incapacity predistinguishable may justly in concealment fall under censure of a Civil Trespass The First Position seems a scruple scarce worth an Exposition Since every just pretence of a Retraction in agreement of this kind is grounded on Deffaut preceeding contract The Latter being a Subject more proper to another Principle we will remit to their peculiar Order 2. From the perfect fruition of the First Property usually proceeds the justest Acquisition of the Second Children which nevertheless without so strict a Reference materially may be considered under the Distinction of the Natural and the Civil The Natural Acquisition is either Ligitimate or Illegitimate The Civil only is Adoptive The most proper and agreeable coherence is without doubt the Natural in which our very Essence seems in the Currant of succession transferred to Eternity without which Mans successful endeavors though Crown'd with opulence and Honor yield in their fullest Affluence but an imperfect satisfaction their charming Harmony still grating the affected Heart with the good Patriarchs interjected Discord Quid mihi That the illegitimate Dependence though naturally constituted should reach so high a consequence can scarcely be affirmed Since Infamy and Infidelity associate the Production It will therefore be materially pertinent to our Order fully to appropriate unto either their Distinctions Children intitled with Adherence of Legitimacy may such be figured either properly or improperly Properly such as after due solemnity of their Nuptial Rites are in due season and maturety of time produc't Improperly such as before Terme under Terme or after Terme of Conjugal Institution untimely are produc'd The Two First Distinctions the Civil Law admitteth to a priviledge of Legitimacy and sometime the Latter when confirmed by some Accident that Nature was disturbed in her usual course Our Laws more Rationally exclude them all from such capacity Insomuch as the succession of Families in regard of their Possessions ought to be preserv'd so regularly pure as not to become subject to the blemish of a visible suggestion The Illegitimate coherence of Children may also bear the same distinction being such either Properly or Improperly Properly such as without Reference either to Preceeding or Succeeding contract at any time are produced Improperly such as with Reference either to Preceeding or Succeeding contract or unto both untimely are produced The Latter Distinction of Illegirimacy may sometime plausibly in reference to many circumstances in the Transaction by especial Grace of Prince or People be admitted to a capacity of Legitimacy The former regularly and without Opproby never To these Distinctions of Filial Inherency may properly be annexed that of
then to oblige them to an Inseparable Conjunction in their fellowship for their joynt security Our common Distinctions of Consanguinity Alliance and Affinity but spurious Emblems are of our Relations in Reference to the proper use and primitive Institution being only kept alive by Record or Tradition for the Advantage only of Particulars not for the mutual Benefit of the joynt Inherency which are no otherwayes therein concern'd then as remote Collaterals in future possibility not in present Act from whence ariseth Controversie Dissention and Debate Batteries rather for mutual Ruine and Destruction then Cyttadels for their common preservation whose effects are more obvious and deplorable in that they frequently are distinguisht in the Transactions of the nighest Reference to a Natural Vnion On whose Composure the Civil but pretends to raise her perfect Structure and Establishment So that the Reflection of the Consequence justly may beget Astonishment in a digested sence how it is possible the Civil Jurisdiction should resent the violation thereof with so much Indifferency since her Rights are to Natures but subordinate Nor yet is our Positions only fram'd on Civil or on Moral Practises our perfect'st Guide hath lent It a more eminent Distinction affirming Love to be the fulfilling of the Law And how that Law should meet a happy Constitution which pursueth not in Her Prescriptions the Object of Her Execution is questionless in Civil Rules a visible Incongruity whether it be in the Imperfection of Her Nature or Impropriety of Her Order Whether in the Coruption of Her Ministers or Error in their Practice whereby the Members of a Civil Union may either be o're-powred or ensnared in a Civil Transaction lest any Grievance or Oppression hapning under such a procedure might instigate the sufferers judging the Nature Thereof by the Consequents utterly to desert those Principles whereon the Civil Fabrick chiefly was erected and follow strange Chimero's of their own Invention so form in their Division such a Rupture in our Common Vnion as possibly may extend to the subversion of the Civil Frame From the Result of this our present Argument will necessarily ensue a due Perpensation of the next Collateral Impediment to the Intention Propriety and use of the Law The first Notion being the common Clause of a Civil Division the second of a Relapse In Regard that the Dammage and Disparagement attendeth on the Procedure and Issue of the Law produceth in the resentment of the Agitators new passion for Revenge on any frivolous Pretence which frequently are pursued and continued till both the Parties thereby become ruin'd with their Families To remove this unhaypy Consequence from the Proceeding of the Law whose proper Object only is Suum cuique reddere conservare It will be highly requisite to the Propriety of a Civil Institution in Reference to a Plea that neither in the Issue or Persuit thereof be left remaining either sting or scar between the Agitators which usually are therein enduced either by Personal Disparagement Indignity or Disgrace Or Dammage in Cost or Delay Or Burden of the Penalty The former and the latter inconvenients may easily be rectified in a Plausible Summons only and a feisable Reparation The second not without Difficulry in Respect the inevitable charge which attendeth the Prosecution of a Plea is not any other way distinguishable to be avoided It seeming altogether Impossible that so numerous a multitude should daily wait on the Proceeding of our Civil Agitation without any Advantage more then the Demerit of the Action In Reference to the Assertion we may affirm that there can not be a more honourable or satisfactory Imployment designed to any Person whose fortune shall afford him vacancy from the urgency of his own Affairs inherent to the necessity of his own subsistence then to lend a voluntary assistance to so important a Ministry according to the Capacity and Number of his Associates Such was the procedure of those ancient Heroes whose Vertue only lent a more splendid Lustre to the Dignity of their Countrey then all the Glory of their Victories In Reference to which pattern he conform'd his practice whose vertue justly had entitled him with the Denomination of her Essence * Sen. Cato daily repairing from one Court of Judicature to Another to plead without Pretence of Gratuity the Causes of the Indigent and opprest till he was of a stranger and obscure Extraction held worthy to become admitted to the highest * Censor Ministry But admit the parallel in favour of our Infirmity more proper for our speculation then our Imitation might not Courts of Judicature be constituted in every County at the Publick Charge allowing a sufficient entertainment annually to such a Number of Officiates as might be fit to mannage the Affairs Co-incident to the Bounds of each peculiar Jurisdiction whose Number being reduced into several Divisions might alternately officiate ev'ry Moneth so that the daily Agitation of the Court yielding a speedy Issue to their Pleas they rarely could become o're-burdened in their Functions either to their own Inconvenience or anothers Prejudice especially if no Action were admitted pleadable which had not passed the Allowance of a peculiar Arbitrator who might be so impowr'd as to compose a multitude of Frivolous Debates which usually do but multiply one another to the Disturbance of the common Peace and the Dammage and Destruction of the Agitators In opposition to which Order may probably be alledg'd that the inevitable Charge attendeth on the Issue of the Law cannot possibly encounter a more just and proper Imposition then that the Burden of the Agitation should fall upon the Injurer The Objection may pass as an irrefutable Position provided the Conclusion fall under the Restriction of a clear Capacity to distinguish and a full Ability to perform But where the sence of the Law is involv'd with such Obscurity and Mystery as no cause how bad soever doth not only finde authentick Promoters to encourage the undertaking but as impudent Advocates to maintain the Prosecution under a legal formality of Right And where the inveterate Malice of Man is universally so great on every slight Advantage to pursue the Opposers of his will to such extreams as utterly might ruine and destroy them It plausibly may be allowed very pertinent to the Establishment of a Civil Welfare that the Legislators should reflect on a more happy Constitution of Judicature then what must of necessity thus cast their joynt Associates into their hands would sell them to the Inemnity and Rage of one Another in persuit only of their sordid Lucre. XXXIX The Principle Subjects fall under Regulation of the Law in Reference to the Security of our Civil Property HAving placed the Security of our Civil Property under the due prescription and Execution of the Law it will be necessary to the exact Establishment of her work that we briefly lay forth those accidents which in the infringement of a Civil Interest may lend an opposition to her Enterprise
the People had not the offence been altogether held inexpiable But the Frailty of Humane Nature in succession of Time contracting new and extravagant Corruptions to the extinction of the Natural Light whose Motives now becoming not the Object of their Vnion must not without Reason fail in her Resentment hath justly deprived him of so material a Priviledge without a Reference to the Civil Jurisdiction The Civil Law not so much as admitting him to a capacity unequally to divide his own Goods amongst his Children without sufficient ground confirm'd by legal Procedure to which Method of Decision we will contract our former Principles that we better may conclude on the equity of their Censure Adultery can want no other weight to lend it a Criminel Infliction then the Light of the sacred Institution and the practice of the Civil Law To suborn a Childe must without contradiction in Respect of the Consequence reach the highest Nature of a Felony both in the Contriver and the Coadjutor Insomuch as the Estate both Personal and Real unjustly is took from the Natural and immediate Inherents to the succession As to the trust consigned to the Wife which probably might herein alter the Nature of the Trespass since Breach of trust can properly not be extended to an actual Felony which granted yet nevertheless the Felony not extending to the Trustor both in Respect of his trust and that he yet remains in full Possession of his Property may notwithstanding be so qualified extending unto others Interest betwixt whom and the Trustee passed no act of trust To drink Wine seems but a frivolous offence to counterpoise so rigorous an Imposition as their Death and probably may be rather judg'd an Inhibition only appropriated to some peculiar Custom or Climate then an essential Rule to form a rational conclusion to a General use yet taken universally as extending to a Habit in excess It may be held more then a conjectural circumstance to the former impeachment in that without Reference to the motive thus visibly fomented in the Practice A Woman in such Disorder can make pretence but to a slight safeguard of her Honour So that both in regard of the Scandal and Danger in the consequence of the use We justly may suspend the Trespassor from the capacity of a Conjugal Union the ground being of sufficient weight to exact a legal Separation To counterfeit Keyes This Interdiction was probably constituted under the usage of Polygamy where the Wife was rather esteemed the purchase of their Property then a companion in Society in which servile condition of Wedlock like so many several Factions every one endeavoured by all means possible to enlarge the Fortune of their own Production and extendeth only to a breach of trust imposed on the safety of our Goods wherein according to the Institution of our Law the Trustee hath an equal Interest although sequestred from her use under the Tuition of another in which Respect the Civil Judicature reflects not on the Nature of the Fact but as a private Trespass and leaves it only to the regulation of the Principle in whose capacity alone It is to separate His Wife from his Property or his Property from his Wife The Children can by the priviledge of their Extraction properly be intitled to no inherence of a Civil trust more then the Father shall assign him by his special Order and in the Breach thereof become only liable to such correction as the Father shall impose without a Reference to a Civil censure insomuch as they have a collateral Right inherent to the property and should in Reason need no stricter tye to the due Execution of their trust then their proper Interest Servants fall under the next Adherence to a trust which may yet more clearly be distinguished in an Explicit and an Implicit trust The Implicit trust extendeth generally unto the safeguard of his Masters Goods The Explicit lends a more visible Intimation of the Nature of this trust under the limits of a a conditional Prescription so that the Infringement of the Implicit trust may properly be tearmed a breach of Contract though not so fully under the Distinction of a Civil Trespass as the Explicit is Yet if the Trustee shall under pretence of his General trust appropriate to his peculiar use or otherwise alienate the Goods of his Master not committed to his charge the guilty may be extended to a Criminel impeachment In these Particulars only is establisht a Domestick Trust with Reference to a Civil Unity Our order next requires that we reflect on other forms of trust which properly may be reduced to a more general usage either Publick or Private A Publick trust is either General or Special The General is either Implicit or Explicit The Special only is Commissionary both are derived from one common Principle Publick Authority and directed to one common Object the Publick use So that falling under one common Consequence in their Nature they may meet one common Distinction in their Infringement though in Reference to the Subject they handle some have a more material extent of Dammage in their Issue then others every visible and voluntary Delinquence in a Publick trust extending to a Crime of lese Majesty in respect that not only the common welfare or Dammage depend on the Transaction But the Dignity or Honour of a Prince or State become blemished in such miscarriages passing as his or their own proper Act either in the Election of their Ministers or in the order of their Ministry A General trust in Publick Interest is what every Member of a Civil Capacity was born to in common Right of his extraction and may be specifi'd in Acts of his Allegiance either Implicitly as a National Injunction or Explicitly as an Adjur'd Prescription The former engageth as a Civil duty the latter also as our proper Act. A Trespass against the first order may possibly seem but to infringe a Civil Institution The latter also a sacred Ordinance The first may by Act of Grace become restored to his Purity The latter justly never to be admitted to a Civil Capacity Special Acts of Publick trust extending to a Publick use may reach a vaster Latitude The National Justicial Negotiary and the Military The two latter more properly inherent to the exterior object of our Minister we have reserv'd to their peculiar Order The National trust extending to a Publick use is the highest and most material Distinction of a trust implied such under the License of a free Election where the people under Commission of the Supream Authority make a peculiar choice of their Trustees to agitate on their common Interests in a Publick Convention How this trust may become visibly and wilfully impeached in the trustee's prosecution of his trust is not clearly obvious where the lesser Number must of necessity recede unto the Greater unless it might be imputed to a Remissness in his Agitation If any Subject should fall in discussion which might possibly be
15. Of Temperance 38. 16. Of His Election 41. 17. Of His Institution 44. 18. Of His Reception 45. 19. The general Object of His Office 46. 20. The Authority of the Law 50. 21. The Equality of the Law 56. 22. The knowledge of the Law 60. 23. The Insubversion of the Law 63. 24. The easie Persuit of the Law 66. 25. The timely Issue of the Law 66. 26. The Nature of a Law 67. 27. The several Objects of the Law in reference to the security of the Natural Union 69. 28. Wilful violence 69. 29. Sickness 81. 30. Indigence 88. 31. The several Objects of the Law in reference to the Improvement of the Natural union 94. 32. Generation 94. 33. Education 97. The several Objects of the Law in reference to the Improvement of the Internal or Intellectual Faculties under two Principles 106. 34. The Extralegal Reward of Virtue 106. 35. The Extralegal Punishment of Vice 114. 36. The general Properties inherent to our Civil Existence with their Legitimate Possession and Fruition 122. 37. The security of our Civil Property 137. 38. The principle Subjects fall under Regulation of the Law in reference to the security of our Civil property 142. 39. Fraud 142. 40. Violence 153. 41. Injury 157. 42. Oppression 165 43. Fire 173. 44. Inundation 176. 45. Excess 178. 46. The Principle Subjects fall under Regulation of the Law in Reference to the Improvement of our Civil Property 183. 47. Oeconomicall Order 184. 48. Civil Institution and Introduction 186. 49. Serviceable Employments 187. 50. Civil Function 189. 51. Structure 191. 52. Manure 192. 53. Private Commerce 194. These are the National and Interior Objects of our Minister THE PERFECT STATES-MAN OR Minister of State I. The Definition of the Subject and the Extent of the whole work HAving propounded the Subject of our Treatise in the Title hereof to avoid Obscurity 't will be necessary to Trace out the Foundation and draw a Platform of the whole Work ere we lay hand unto the Structure In Order to our Proposition First to distinguish what a Minister of State is then to consider Him in his Person and Endowments both External and Internal then in His Office and several Objects thereof both National and Foreign Persueing this Method The Inscription taken in the Latitude of Sence may seem to imply either Prince Councillor or Magistrate yet strictly examining their Relation to this Attribute we shall find neither the Former nor the Latter comprized in this Denomination The priviledge of a Prince being rather to Determine then Advise And the Duty of a Magistrate simply to dispense the Laws enacted according to the Letter without consulting of their Nature we will therefore limit the distinction of a Minister of State under this Notion He that hath in his Council a peculiar Influence over the affairs of a Common-wealth under what Government soever But to enlarge farther on the Exposition though Council be the ground of his Character yet we exclude him not from the Capacity of Action or in Free Common-wealths of Determining either Essentially by force of Reason or Acidentally by Advantage of Number Notwithstanding the Nature of his Function may without either properly subsist as not inherent to his Ministry II. The Principles considerable in his Person and the Exterior Dependants 1. Of his Form THe Nature of our Subject thus prefigured we pass to the Consideration of His Person and in Respect of the Exterior part and the Dependances thereon propound these Principles His Form Birth Education Profession Age Possessions Community Demeanor Speech Thougâ— the First Endowment may seem to be a very inconsiderable part of our Subject yet since it neither wants the usage of Antiquity nor Practices of modern Times to lend it weight we will expostulate the consequence thereof From Tradition of Antiquity the sacred Letter presents us an authentique proof thereof in Saul's Election as pointed out by the hand of the Most High in the direction of His Prophet who was so eminent in his Person above the rest of the People that he exceeded them all in height from the Shoulders upward which the Prophet in his Presentation inferrs as the ground and warrant of his Election See you him whom the Lord hath chosen that there is none like him among all the People To which distinction agrees the Poets description of the Roman King Ipse inter Primos praestanti corpore Turnus Vertitur Arma tenens tota vertice supra est Turnus the chief in Stature did exceed Holding his Arms o're tops them by the Head From Modern times we will onely insert that Canibal's Answer Mountaigne relates who being at Rouen where Charles the Ninth then was by Interpreter askt what he observed remarkable amongst them said He wondred among other things why they suffered a little Boy to Rule over them and made not rather choice of one of those goodly Personages about him meaning the Swissers which Inference though seeming to mark out but a rude and particular part of the Form as from a Native not acquainted with the Rules of Civil Policy having for Object onely the First Principle of Rule Force Nor but a peculiar Office differing from our Subject Yet since the Faculties of the Mind of which this is but a shadow are equally necessary to Both we may appropriate generally all Dimensions of the Body indifferently to Either Ipsi animi magni refert quali in corpore locati sint multa enim è corpore existunt quae acuent mentem multa quae obtundunt It is very material to the exercise of the Soul what body it is placed in many things existing from the body which sharpen many which may stupifie the mind Agros divisere atque dedere Pro facie oujusque viribus ingeniâ—que Nam facies multùm valuit viresque vigebant To Forme Strength Wit all Power yield To give and to divide the Field The Beauty of the face doth charm And reinforce the vigor of the Arm. Aristotle hereto intitles the right to Command affirming the Indians and Aethiopeans from hence make the Election of their Magistrates and Kings and Plato thought it necessary to the Conservators of his Common-wealth To search farther into the ground of such an institution we must conclude it to be raised from a conjecture that the exactness of the Form gives either Evidence that the Matter hath received a more perfect Impression of the Image of the Maker Or as the Naturalists say that the disposition of the Soul answers the dimensions of the Body as Twinns from one Original the natural Temperature A proof to the first Assertion may be deriv'd from the composure of the Word Incarnate who though Turtullian's Reverie hath other ways figured Him was without doubt in his Person the most beautiful among men according to Pub. Leniâ—lus occular Testimony of him to the Roman Senate The second Inference hath been so frequently found true that the observation is among the French digested to a Proverb
Lesbornes les boiteux sont tousjours meschants The Blind and the Lame meaning naturally are always vitious And according to this Rule the Poets Figured Thersites which though it failed much in Socrates Constitution rendring the Phisiognomist Judgement of Him but ridiculous yet Socrates repaired again the Dignity of his Art affirming that He was by Nature such as he had Figure Him but by the industry of His Mind He had restrained that Propension For conclusion therefore since few or none will so much as strugle with one vitious Inclination it will be far safer that we should guide our true Election by this Appearance though but a frail one subject to corruption then yet to hazard it in expectation of a Miracle To which position may possibly be objected that since we have limitted the Faculty of out Minister in Council we should as thereto onely proper prefer the Abilities of the Mind which commonly supply the Defects of the Body before the Integrity of the Manners which follow but the complement of the Form there being in matter of Advice more use of Reason then of Virtue In answer to the first part of the Objection It may be granted that ev'n by the advantage of Excess whereof the extern Deformities are but inherent signs the soul more perfectly in some intemp'ratures may exercise some one peculiar Faculty of the Intellect then in any one peculiar Temp'rature how regular soever as the predominant Humour is more proper to the usage of the Fancy or the Memory but withal becomes thereby inferior and defective in the rest So that we may affirm since by virtue of the Animal Spirits the Soul produceth her Action and by how much more pure the Instruments are by so much more perfect are the effects The Spirits Animal receiving onely this excellence from the Equality of the Temp'rature whereof the exactness of the Form is but the Character It of necessity will follow that from the agreement of the Elements must issue the most excellent and pow'rful Harmony of the soul To the sequel of the Objection we will only inferr that it being too obvious to every sense how frequently frail Man doth make his Reason but a Prostitute to his Lust not only to the abusing of others but to the deceiving of Himself it will be requisite to unite her to an Object nigher her own Nature to preserve her in her Purity And conclude that since the Almighty hath not onely excluded the Impetent but the Deformed also from His Ministrie We therein have sufficient warrant not to admit Him unadvisedly to Ours III. Of His Birth FRom this Particular may properly be derived two Branches considerable to the exact discussion of our Subject The Place and Quality of our Minister's extraction What concerneth the first Distinction will questionless not meet a contradiction in affirming it to be requisite our Minister be a Native of that Common-wealth o're whose affairs his Council should preside insomuch as every Person hath a Peculiar and innate Affection for the Glory and Prosperity of his proper Nation Nor are the Natives usually so subject to the jealousie of the People on the Miscariages of publique undertakings as Aliens are accounted Furthermore Natives receive many other advantages in their early and frequent Habits which Aliens commonly are not endued with As the perfect knowledge of the National Laws Customs and Nature of the People with the Facility and Elegance of the Tongue to expediate or illustrate their Discourses The subject of the second Branch inherent to His Parentage presents to our Examination two Propositions whether our Minister may be accepted from a Noble or Ignoble from a Detected or Incensed Family For solution to the first Quaere we will unfold the Inconvenients and Advantages of Either The onely Benefit Nobility can promise us in His Reception is to give Lustre and Authority to His Ministry The Advantage Ignobility presenteth us in His Admittance is vulgar satisfaction The First yields but at most an Ornament to Rule The Later but Licentiousness in Rule The Inconveniences wait on Nobility in Ministers of State are Jealousie and Faction As appears between Caesar and Pompey to the Translation of the Romain Common-wealth And between Hanno and Hannibal to the destruction of the Carthagintans The Disadvantages attend on Ignobility in a Minister of State are Envy and Contempt as may be visible in the transaction of Affairs under the Ministry of ***** and Others to the shaking if not hazarding our Own In the first Ambition moves more Imperceptably as being more nigh the Object of the Passion In the later more Impetuously as more removed from the Point it reacheth at so that the Consequence of our Argument will guide us to a Mean participating of the Nature of both Extreams as most expedient to the execution of our Ministry The second Proposition consisting in Parts of different Nature we may devide them in our Treaty and first take that which moves whether our Minister may be accepted from a Detected Family Of which question ere we determine it will be necessary first to propound Another whether Mercy or Punishment followed the Detection if Mercy the utmost Ground of our suspicion can be laid but on the Seeds of Inclination contracted from the Impressions of Nature or of Discipline which reaching to no farther certainty the Party safely may be joyned to our Ministry induced by Example of Augustus who happily convincing Cynna by his proper Evidence of his conspiracy against Him did both the Crime remit and readmitted him with such success that neither yet by him nor any other ever after was any Treason that was visible or Practis'd or design'd against Him If Punishment hath followed the Detection the Argument will meet with the divided Sequel of the Question and running in one Currant fall under the Capacity of One Solution under the Figure of Incensed Although it may admit of some distinction in the Manner as whether the efficient Cause were Just or Injurious Direct or but Collateral Nigh or Remote Yet since no Observation can prescribe a Limit to Mans Passion being generally o're partial Judges in our own Affairs such Circumstances will afford but little Difference in the Consequence So that we may herein conclude of Both under one firme Position in a general Exclusion of them from our Ministry The dangerous issue of Indignation in a Minister of State whether just or unjust sprung from Injury or Displeasure are truly figured in Cataline who ill-resenting the Disgrace of a Repulse when he stood to be Candidate in the Pontique Warr contrived secretly the visible subversion of the State And was not farr off from effecting it Like evidence may be instanced from Julian's far more Just though more unhappy Fury who on the violation of his Daughter Caba in his absence imploy'd on publique exigents was at Return possest with so inveterate a hatred against the present Governour and Government that he forthwith brought in the Moors to
shall Ballance the insinuating force of these their Instruments with the full extent of their Operations The Imposturies of Wine first steal upon the wariest Temper under the Disguise of Natures helpful Ministry admitted thus in one Degree for useful Custom at length will in Another form it necessary Mirth exalts the measure and company procureth the excess which not only smothers the Natural Light in Present but disables it in Future leaving the irregular Demeanour so ridiculous that what should Grace His Dignity detracts from His Authority while the shallow Image of His thoughts hang on his fleeting Breath and by the least disordered motion of the Heart drops from his slippery Lips perhaps to the betraying of the general welfare But peradventure some may alledge that our Minister's happy Constitution may as well gain this Advantage over others Imbecility as Another over His and that there are certain Climates to whom this Custom is so proper without the Proof Hereof a Minister with them successfully can seldom agitate To which we may answer That it is too uncertain hazzardous and indirect a Procedure to intrust an equal portion of Affairs of this high Nature but to the Advantage of the Natural Temper to whose exact managing the perfectest Lights of Reason or of Art are scarcely capable But were It granted necessary there might be other Agents found hereto more proper whose Ignorance might answer for their Secresie and free the State from Casualty of such a Damage without imbarking of an equal venture How irresistably the Charms and slights of wanton Womens Subtilties work on our self-betraying Nature lying in our Bosome all Ages will afford us evidence whose woful Proofs have not left Man the hope of a defensive Armoir To these we finde in Sampson Solomon and David The strongest to his Ruine betrayed his strength The wisest to the dismembring of his State his Knowledge And the most zealous to his Reproach his Piety It will therefore be no scandal to our Minister's Sufficience afar off to avoid this Precipice become remarkable by the overthrow of so many eminent Personages not only in His own Respect but in Regard of publick Interests by him to be preferr'd before his own which lying in his Bosom may oftentimes be incident to the like Disaster Whereto may be objected That there are also certain Commonwealths with which our Minister may have Commission to communicate wherein the sole perfectest and most material Intelligence of the occurrents of that Place are only to be gained from such Instruments whose private Interview may farther be authorized from Cicero's success hereby in the Discovery of Catalines Conspiracy To which we make reply That herein also if assented to the Ballance of our Argument remains but still in equal Counterpoise since in one and the same subject we may to the Facility in Discovering oppose the subtilty in attaining such secrets so that hereby we attempt to gain no more then we endanger to lose In which Respect where Custom hath confirmed such Proceeding useful and not scandalous it will be more applausive and convenient to have recourse to our preceding Remedy and under the Faculty of a more remote substitute preserve the Dignity of our Minister unblemished and Publick Interests from a Capacity of Prejudice Our last Restraint on This Association is with Forreign Ministers under which Distinction we have reduced the Force of Wealth in that Money is the chief and usual Instrument such Agents work with to the supplanting of their Neighbours Interests or otherwayes advancing of their own by secret Corruption of their Ministers Of which Method in Proceeding the Venetian is so jealous That they have inhibited by a penal Law extending to the Nature of High-Treason That no Minister of State or Senator shall with Forreign Minister either at home or abroad Friend or Foe have either private or publick Conference whatsoever without the special Licence of the Senate Which hath not as some may figure been enacted only as a terror to suppress private practises but clear contrary hath in every Circumstance been prosecuted with such blinde severity as hath in latter times injuriously both to Themselves and Others untimely dissected from their Civil Body Anthonio Foscarini a Member of the greatest Eminence and perfectest Integrity amongst them such before reputed and after to their Grief and shame too late acknowledged In which proceeding since we seem to cast a shadow of Reproach on so venerable a Society and so universally approved Laws as hath induc't the ablest Judgements to believe That no Civil Jurisdiction either hath had or need to have firmer Basis to the Establishment of a lasting Government It will be necessary to digress somewhat from our present Subject both to express and prove the Defects in such Ordinance as also in the Dispensation of the same Briefly therefore we may Object against one Clause in the Edict That it is against the Dignity and Purity of a Law to propound any Recompence to the Dilator as pre-intending to suborn by such Corruption false Witness to the Plea and to invite the Indigent as well to suggest a Lye as to disclose a Truth To which if inferr'd the Necessity Hereof to a due Information we may reply That if the Vigor of a plausible Affection to a Common Cause be not in every Peculiar Person sufficiently effectual to the vigilance of their proper safety inherent to the publick yet the never sleeping Spies of Envy and Malice to whose Persecution the exactest Ministers are most incident will need no stipend to provoke their Fury Against the incircumspection of the Ministers to this Decree we may in this particular infer That no Judge whatever by the Nature of his Office is tyed so strictly to depend on the Evidence of a Witness as to neglect the circumstance of the Matter which divers times affords the exactest Lights to Truths Discovery both without and beyond a farther Testimony as appears in Solomon and Daniels Sentences which duly to consider had not those Ministers admitted the false Deposition of a Band of Braves would not have had the weight to over ballance the just Renown of so vertuous long approved and faithful a Minister where the defensive evidence was to be wav'd as irreceivable But to come nigher to our present Subject The true ground of this Law wants no other Authority to lend It consequence then the numerous Examples of Ministers thus corrupted almost in every Age. Not that we shall here declare a general suspicion of our Minister but to prevent the irresistable motions of our common Frailty from a dangerous issue How forcible and prompt the means in Practice is to our Corruption so obvious is to every Sense we only will insert this antick Observation That the Common union of the strongest City is not of Force sufficient to resist the entry of an Asse laden with Gold To conclude where no such Institution is of force but general freedom licensed It will become the Prudence
of repairing or reforming totally subvert the constitution of a Civil Frame Such dexterity may palpably be observ'd in the common practices of the most prudent Legislators on such exigents electing proper seasons and peculiar Accidents profitably to insinuate their purposes where Reason was not prevalent enough to form their introduction 'T is probable the penible and dangerous enterprize of the Jews through the Desart was design'd by Divine Providence to reduce their unruly stubbornness to a more docile Temper by such apparantly destructive straits more facily to introduce that sacred Law was to be tendered unto their subscription which yoke would ne're have been accepted of in the fruition of the promis'd Land the irregular motions of their will transported to a higher strain by the Allurements of licentious Plenty XXI The Equality of the Laws FRom this Attribute the very Law it self seeming to form her proper Nature it may be judged altogether impertinent to lend thereto farther Distinction yet when we shall consider that every perfect Ordinance must of necessity have reference not only to the Offence but to the Delinquent and the Injured it will be very material to weigh the due Conformity a Law should hold with either The true Analogy of a Law in Relation to the Trespass be it either Omissive or Commissive Publick or Private is an equal Reparation on which Parallel was raised the severe Injunction of the Mosaical Law An Eye for an Eye and a Tooth for a Tooth On the decision of this due proportion Justice in her Figure seems altogether intentive in the firm Posure of her hand to the exact Poisure of her Ballance Laws in their appearance may sometime extend their weight beyond the Nature of the Crime tending especially to the publick use by such severity to restrain the rashness of Licentious Attempters but in their execution should secretly provide a charm to allay the fury thereof lest that the Civil frame should thereby else be weakned or Impoverished Those Ornaments will ill become the Majesty of a State are become purple in her proper Gore nor is it consonant to the Dignity of a Law to form a Commerce for Delinquency As there are rewards for publick Offices without the expence of the common Treasure so there are Penalties for publick Damages subvert not Interests of a private Family Which ne'retheless must with a nice discretion still be managed a danger to the State may equally ensue the Remissness as the strictness of a Law In dispencing yet of private Rights the Law without Impeachment more firmly may adhere unto the litteral sence thereof Insomuch as the publick Ministry is therein seemingly not much concern'd but more remotely interessed taketh away the Jealousie of a partial Procedure Edicts erected only for the publick Interest seldom have other objects then the Obedience of the Members of the Civil Body whose infringement may therefore be plausibly repaired in a due Submission Decrees enacted to the support of private Interests have seldom other Object then the Decision of Right whose infringement seems properly repaired in a feisable restitution yet since the violation of a private right is seldome perpetrated without indignity to the publick Ministry in Contempt or Disorder a submissive Penalty of right is thereto also ev'n therein to be constituted the better to support the Majesty thereof provided it may not be so considerable to lend her the suspition of a Party in the Transaction According to this Distinction in reference to the Decision of Private Rights were Moses Institutions parallel'd as in matters of Felony He shall restore it double and if he be worth nothing he shall be sold for his Theft The Gospel Institution is that He shall steal no more but rather labour with his hands that he may be helpful to others Which questionless implicitly must thereby first infer a reparation to the Injured Yet since all private dammage is inherently opposed in a common Consequence to the publick Interest if we shall farther consider this crime as a breach of publick Commerce the equilibriate thereof may seem to reach no vaster Latitude then publick Infamy This the Lacedemonian Custom vised at as the due Penalty to the attainture of a Felony which otherwise not surprized in the manner was held a plausible enterprize licensed but to acuate the vigilance and Invention of the people to the preserving and improving of their Properties Which Practice though not approvable in the use that Virtue passing of necessity for suspected which holdeth but a shadow of dependance with the Ministry of Vice yet may we from the former presidents to the restraint of this Crime form a mixt Method of our Punity as more equivolently proportioned unto the nature of the Offence compos'd of Restitution and of Infamy And although the latter may perhaps not meet with that Efficacy in our vulgar people with whom this Crime most frequent is in practice as it hath formerly incountred in the more elevated pirits of the Lacedemonian State where the Impressions of Shame were so sensibly ingrav'd in their Apprehensions from their very Infancy That a Boy having stole a Fox Cub which closely he had covered with his Coat jealous to be surprized in the manner so much restrained the Emotions of Frail Nature in his tender years as the very shadows thereof fell not under the Distinction of another sense until the strugling Rape had made a passage through the very Bowels of the Attempter but when such Infamy is passed with a general Incapacity of publick Trust their proper Interests will enforce them to resent it with more horror To which may probably be the cause in reference to the infringement of the publick interest in such Trespasses our Laws do yet exact the Attainture of the Felons Goods 2. In persuit of the Order of our Subject we next assume the second consequent involved in the Constitution of a perfect Ordinance The Delinquent which although seeming totally concerned in the regulation of the Penalty to the Nature of the Offence and in position of a Fact implicitely therewith included as one common Individual yet since the Rules of Nature as well as Policy have lent peculiar Distinctions to several Members of a Community not falling all under one and the same measure of Capacity and therewithal as special Graces to their Dignities or Infirmities inherent Priviledges it will be requisite to weigh how far such Freedom may consist with the integrity of a perfect Ordinance Omitting to discuss on the Prerogative of Princes as being a Subject of too vast a Latitude to be a branch of a peculiar Treatise as also that they seldom agitate but by their substitutes who falling under the subjection of a Law are not alwayes secluded from the common course thereof or if sometime they be it seldom under shelter is of the Authority of a Law of whose equality we only are in search We will proceed to agitate on the subsequents sequestered either in Goods or Person from
the attainture of a publick Ordinance by Virtue of their eminence under three Principles Peer Priest and Publick Minister The Peer pretendeth for the ground of his Priviledge in relation to his Person the necessity of his Attendance on the Prince as the essential Lustre to his Majesty in Reference to his Goods the vast expence which follows this his Assiduity To which we may Object that the Lustre of a Princes Majesty confists not altogether in such titular Distinctions but in the Virtue Integrity Wisdom Gravity and Civil Reverence of his Ministry which were yet more illustrated in the disclaiming such a Priviledge The Priest in right of the protection of his Person pleads the Dignity of his Function as not subordinate to the Civil Ministry For dispensation to his Property the sanctified use thereof divided in the Inherence from the politick Body This claim hath formerly been the subject of many violent and some tragick Contestations licensing the appeal of Prelates to Ecclesiastical Conclaves in matters of Civil Jurisdiction but since this usage is at present of no force with us we will not much insist on the Discussion only thus much we may thereon infer that if in honor of their Function there should be this peculiar Reverence due unto their Person or Reservation to their Properties it equitably must be under this Distinction so long as they contain the Action of their Lives within the Limits of that Holy Exercise and their Possessions thereto only Relative The Publick Minister may seem to lay a more legitimate Title to such Priviledge insomuch as of necessity his Person is to be secluded in a manner from the Civil Frame to giue attendance soly in the most material Interests thereof In which Agitation the Faculties of his minde are wholly so ingrost conveniently they cannot be relaxt or yet diverted by a useful reflection on his own yet in respect that such immunity may seem to question the integrity of the transactions of his private Commerce whose Life should so far be from all suspicion of Reproach that it should be exactly exemplary His Institution will be more agreeable and Injunctions valuable in their apprehensions to whose advantage he is design'd to Agitate if therein equally concerned with the rest Nor can it be of use to him so to be sheltred from the Issue of the Law whose proper Dignity speaks him a Law unto himself it being an unequal suffrage that lends Authority to any man to agitate of Common Rights who violates the Image thereof in his private Dealings The Subjects secluded from the common course of Laws in favour of their Incapacity have a more rational claim to such Priviledge As a Wife Children and Servants whose persons in some cases are dispenced from the Penalty of publick Disobedience as subordinate Members to a more distinct Head who only is responsable to the publick for their Miscarriages freed from the ingagements of their private Contracts insomuch as their Dependance is upon anothers Property in their possession only but in Trust Lunaticks and Ideots yet justly reach a vaster Latitude of exclusion in their Acts wholly divided from the Civil Frame wanting the Faculty to distinguish them The third and last Collateral implied in the Letter of an exact Ordinance is the Injured of whom most penal Statutes hold but small account regarding more perhaps the Consequence of a publick Disturbance then of a private Inconvenience To which Model the former Institution of Moses seems altogether fashioned An Eye for an Eye and a Tooth for a Tooth This Law though equal to the Trespass and severe to the Trespasser yet the sence thereof explicitely not seems to bear the fullest extent of a perfect Ordinance insomuch as the chief Relative is not concern'd in the Contents thereof regard herein being only had unto the Offence and Offender An Eye for an Eye and a Tooth for a Tooth What Reparation hath the Injured hereby except that Eye or Tooth which is the Penalty of the Offence could be restored so to the defective Part that Nature might assume the Exercise of her Faculty But in matters of Trespass where there was a more feisable Restitution The injured had a double Reparation The common neglect of this Rule in Right hath rendered the persuit of Justice irksome in that her access is more penible then is her Issue satisfactory so that most men unless possessed with an inveterate Fury of Revenge had rather to the encouragement of Oppression suffer silently then for a small advantage procure unto themselves a weightier Injury or else to the Disturbance of the publick Peace provok't are thereby to become unequal Repairers of their private wrongs Which notion that we may form more clearly to our obvious Minister We for a closure to the Agitation of our present Subject may gather from a clear perpensation of our Argument That a Law compos'd exactly equal must hold a just proportion with the Nature of the offence in reference both to the Publick and the Private Interest extending the tenure of the Imposition universally to every Civil Member of Capacity with full and facile satisfaction to the Injured XXII The Knowledge of the Laws THis Coherent is so essential a Consequent to the just imposition of a Law that therein is compleated the true demension of her proper Nature Without the Light of the Law sayes the Apostle I had not distinguished the Offence And how that offence is not distinguishable should justly fall under the conformity of a Law is a Mystery not fully cleared in Divinity Whos 's Rights perhaps extend unto a vaster Latitude then Civil Ties can fairly figure a pretence unto The end of the Law is the union of the people whereto such regulation is the band which band can frame no firm Conjuncture unless the Virtue thereof equally be dispenc't to every part This also seems implicitly inferred on the first warrantable Institution thereof in the assent to the Reception if we allow a rational Faculty to them therein concern'd under which Attribute no one approving that whereof he is not totally inform'd to which these contingents following are most materially effectual That the Law in Letter and Sence be generally intelligible Concise in the Composure And universally imparted in the Publication Under the intimation of the Letter is comprised the Figure or Orthography thereof and the distinction of the Tongue The one may in propriety seem to have an unalterable relation to the other which are proper to the composure of a Law That every one may distinguish what he is to observe Perhaps hereto may be alledg'd that the Mysterie of Civil Rights may as plausibly be restrained from the conception of the Vulgar to the advantage of their Temporal Welfare as those are of Divine to the advancement of their Spiritual since they both meet in one Intention in the Restriction which is to avoid the Damage may ensue the sinister exposition of the Ignorant It being a general frailty co-incident to
humane Nature o're partially to rely on the sufficiency of his affected faculty and had rather run the hazzard may follow his Infirmity then to betray his weakness in his doubts Omitting to discuss whether the Proposition be receivable either in the Nature or Comparison thereof the latter with us being totally rejected and the former as posited not without Reason much to be suspected since Reason whereof all men have some Capacity ought to be the common Rule to every perfect Ordinance in a Civil Jurisdiction but in the Agitation of Spiritual Principles Reason as meerly humane or vulgar reaching no higher Object then the Sense may in Reason seem to be excluded allowing yet for granted that both in Civil and Divine Transactions as well as Physical it safer is for the Practitioner utterly to be Ignorant of the course thereof and soly to rely on the due Information of another then knowing little prosecute the Direction only of his slight inspection to his proper prejudice Yet nevertheless to the exact solution of our doubts as well in Civil and Divine as Natural Subjects a certain measure of knowledge must therein of necessity precede not only to form an Apprehension of an error in our selves but also properly and usefully to figure ours unto anothers apprehension else in the obscurity of our Demands the most material circumstance through Ignorance not inserted Authentick Instructions will but possess us with more confident Assurance yet rashlier to intrude our selves into more error The next Subject in course to be insisted on is the Sence implyed in the Tongue and Letter of the Law that which should be perspicuous to every ones capacity therein concern'd is so essential a dependent on what we have concluded in their discussions that they all seem but to form one and the same consequence united or divided only to this doth properly belong more weight since the obscurity Hereof may even to the Master of the Mystery not seldom figure an Ambiguity which often subject to corruption may frustrate the intention of the perfect'st Law under the shadow of Her own Authority and so not only shelter the Practices of fraudulent Ministers under Her Warrant but make Her sacred Image a common Prostitute to each sinister end On which to enlarge since we perhaps may in the ensuing section meet an apter Subject We will desist here farther to persue Furthermore the knowledge of the Law being admitted necessary to the due observation thereof It will also be thereto requisite that Brevity and Uniformity in Structure accompany the Perspecuity of the Letter Tongue and Sence in that the Soul while closed in our frail Investure must use an Object not alwayes present to form the Intellect else Inanimadvertance will often meet in one and the same consequence with ignorance As also in respect that most mens occupations will not admit of so much vacancy as to peruse volum'nous or Introgate Insertions according to which model was composed the sacred Law inscribed by the hand of our Creator In number only ten in order admirably regular Inserting first the unquestionable Authority thereto in the preface Then dividing the nature thereof into several Objects Divine and Humane The most material Injunctions preceding the less consequent And to every one whose weight was not sufficiently implyed in their Nature annexing Reasons to disclose their ground which nevertheless was by the Holy Institutor of the Gospel contracted to a briefer and a plainer method lest Ignorance or Oblivion might in the infringement figure an excuse to evade the penalty Those Indians whose natural Rules of Government seem to excel in Happiness and Innocence the most probable Pretences of the nicest Models of imaginary Commonwealths in that their Actions are so far removed from the actual Error of our Common Crimes they know not tearms to intimate their Nature have but two Principles to direct their Actions To be loving to their Wives and valiant against their Enemies which daily are recited and illustrated by the most venerably Aged of the Family 3. To the general concurrence of all which Positions must necessarily also follow the due publication of the Law which lends to a Prescription that high Attribute the Law is else at highest Estimate but a concealed Light the use whereof was figured to us in the first Publication of the sacred Law which was delivered in Thunder and Lightning And the Institution thereof after celebrated by a solemn Convocation of the united multitude with sound of Trumpet and the Contents engraved on their daily Vestures The Antick Roman manner of Communicating their Edicts to the people was to suspend them in a Table of Brass in every place of publick Intercourse XXIII The Insubversion of the Law THE highest Dignity to a Prescription is the stability to Her Position and the greatest Grace unto Her Efficacy is the Preservation of Her Purity that implyes the Base thereof to have been cast upon a solid Consultation this intimates the Integrity of Her Ministry in a due Administration not that in reference to the first it is warrantable so far to rely on any humane sufficiency as not to search into the nature of a Rule which form'd to the occurrences of differing Times and Persons may sometime plausibly be reform'd suspended or repeal'd though ne're so perfect in their Constitution as may appear In the Jews Dispensation with their Sabbath when on the advantage of their cessation therein from their Arms their Enemies had almost extirpiated the Nation which infringement was afterward allowed warrantable by exposition of the Fulfiller of the Law either on necessity according to Davids pattern In eating the Shew-Bread Or on the pursuit of a better work in Reference to His own In healing on the Sabbath-day the Sick But that such a stability illustrates the essence of Her Nature suffering more frequent and exacter Proofs of Her Perfection In reverence whereof repulsing the violation of all loose Attempts To which establishment should also joyn the endeavours of the Institutous lest every wavering Motion of the giddy Multitude should prejudice the Institution On this Intention it is probable Were form'd irrevocable the Decrees of the Medes and Persiuns Or in regard of the latter that it is possible to preserve from Corruption any Precept though ne're so natural which falls but under usage of our frail Society But that an exact Ordinance should either be invested in Her proper Constitution with such influence might keep Her Observation regular or thereto borrow vigour from some collatteral without the penible vigilance of the Institutors o're the Transactions of their substitutes In persuit therefore of the promises it will be requisite the Law should make Provision against these Particulars 1. Their open Violation 2. The obscurity of their sence 3. The Repugnance of their Nature 4. The Fraudulence of their Ministry 5. And the Custom or usage of their Courts 1. The Vigour of the Laws extending not beyond the Precincts of their Jurisdiction implyes the
Object of their safeguard from open Violence formed in their Nature can only be Intestine The most frequent and visible sources of Civil Insurrections which in their material consequences may reach at the subversion of the Civil Frame are either Private Broils or Publick Discontents The first is verified in the Contestations betwixt Sylla and Marius Caesar and Pompey And although such Debates seem rather in their Issues to strike at the Foundation of the Government then Constitution of the Laws yet are these so nigh Relatives the one can seldom be supplanted without subversion of the other as appears by Caesars reply when seising on the Common Treasure was objected to Him the Legal Inhibition to such violence What do you instance Laws to us who wear Swords by our sides The mannagers of successful Arms are oftentimes transported with such inaccostable and irresistable Presumption allured thereto by their flattering fortunes or compell'd by the exigence of indirect Engagements That the progress of their Actions is so far removed from the restraint of any Legal Prescription they seldom are contain'd within the bounds of their own publick Manifests or yet the secret Motives of their first Intentions witness Bullingbrook's Proceeding on the Infringement of the Decree of his prescribed Exile on pretence only but to be invested in his Fathers Dignity and Estate but he perceiving the fluent concourse of the people to Him to advance his purpose became thereby so much encouraged to higher enterprises he could not be restrain'd by any Tyes Civil Divine or Natural until he had supplanted his abandon'd Sovereign The ground of this his Exile therein confirming just which before was so only in suspicion in which respect it will be requisite that such Decrees whose Institution have this Object be indued with sufficient vigour to smother such emotions in their Infancy timely reconciling or impartially expelling both Enemies and Emulators from the publick Ministry lest under sufferage longer times should form a Faction not subject to the regulation of so slight a faculty Publick Discontents gather more slowly and imperceptably to a head but are more violent and sudden in eruption and seeming more plausibly commenced become more licentiously prosecuted being pre-possest with Indignation both against Ministers and Ministry inconsiderately without distinction totally reverse the Institution of either As may be instanc't in the proceeding of those Tribes revolted from the Government of Rhehoboam with him forsaking both the Temple and the sacred Ordinances The obscurity of the sence wherein an Ordinance is expressed may sometime meet with such an Ambiguity that either in suspence or exposition may utterly subvert the intention of a Law Words in the most proper usage taken can figure but a shallow and an abstruse Character of the minde so that the best digested method of delivery may probably in the first Purity through ignorance or malice unadvisedly or intentionally be prevaricated more probably not stand so many Ages uncorrupted as would require a perfect Ordinance The words thereof in time not only growing out of use but also the proper Emphasis of the Tongue from whence perhaps are sprung so many Controversies in Courts of Judicature and Schools as hath made that Law and Learning was first useful and venerable now become noxious and ridiculous so that he is now accounted as insufficient an advocate that cannot make a bad Cause good by his Schicanrie as he an illiterate Schollar that cannot so disguise a fallacy as to make it appear true by his Sophistry with how much damage to the people and indignity to the Majesty of a Law Such slights are sheltered under the abstruseness of the sense thereof we leave every one to judge believe or Prove Perhaps hereto may be objected that the Nature of the Law so frequent is in use the Virtue thereof cannot lie conceal'd but daily is revived by some occular Proof Omitting to insert the hazzard of a Light educ't from such Collation in that the circumstances rarely meet in a conformity we farther may reply that ev'n in revolution of many Ages some Laws meet not with any accident so fully toucheth every clause therein as might render the issue fully clear nor also any clause contain'd in every Law doth clearly answer every accident may possibly fall under the proper object of the same as may appear in Moses Appeal to the Almighty for the decision of the claim of Zealophehad's Daughter in the common partage of the promis'd Land In which regard few Laws can be produc't are so exactly constituted that will not often want enlargement or enlightning Laws in repugnance of their Nature tend yet more visibly to the subversion of their Institution the which at first inspection may perhaps appear so gross an absurdity as is hardly credited to be feisable in the deliberate result of a rational consultation Yet when we shall more strictly search into the constitution of their parts in reference to their proper use and ends we shall finde that not only in respect of one another Laws often meet this Impropriety But also in relation to their proper purposes prove sometime contradictive to themselves Laws In their Dispensation pass through many hands and therein oft more subject are to alteration of their true Intent unless the course thereof be strictly and severely visited XXIV The timely Issue of the Law IF the Law were exactly compiled to the precedent structure or according to what other Attributes imaginable more properly might conduce to her perfection yet if the Issue were not seasonable the Institution scarcely could be useful If the grace of a private Benefit consist in a seasonable contribution the glory of a publick Ordinance must be raised on a timely Execution The Importunities of the Widow might make perhaps at length Her Cause successful But the Ministry of Her Judge was not crowned with the Merit of her succour All Courts of Judicature have their proper Capacity of Receit and if thereto succeed not timely issues Continued Affluence of Complaints will suddenly beget Obstruction Confusion or Corruption The common Obstacles to the Progress of most Laws after a suit commenced are 1. The licens't silence of the Agitators 2. Appeals or Removes 3. Writs of Error 4. Demurs 5. Cross Bills How which should in their use be regulated to remove all Impediments which might obstruct the timely Issue of the Laws we soly shall remit unto the Vigilance Inspection and Authority of their Institutors declining totally their formerly design'd enlightning in particulars though to the visible defacing of those Ornaments might perhaps more essentially have lent both use and lustre to the contexture of our Treatise as a Civil Presumption not to be licens't by the most Licentious lest the misprision of the procedure might possibly not only have blemished the intention of the Agitation in the Censure of the soundest Judgments but under the incapacity of the vulgar have utterly made void the object of our Enterprise perverting to their Prejudice
forbore to agitate on such a Crime as jealous to awake the faculty of Malice in such Discussion So silently for many years past unexprest because unpractised this Fact among the Romans till time which lends Maturity to our Corruption produc't a Monster in her horrid Pattern which then gave Light to this Infliction The Patracide was tyed close in a Sack and cast into the Tyber A penalty perhaps by them esteem'd sufficiently severe in that it figured not only a Division of the Soul from her frail Mansion but an extinction Yet e're we shall desist to agitate on our Subject we farther will examine the Nature of this Crime in Reference to the other Members of a Family Having discussed hereof in Relation to the Childrens Demeanour to their Parents we may insist upon the Wifes unto the Husband whom though the Mystical Ceremony hath united in one Body Affirming them to be but one Flesh yet nevertheless since Civil Rules have lent a difference of Dignity in the Distinction of Parts most proper to the Constitution of their union The nature of the Trespass may possibly in Reference to the Husband meet a weightier Imputation and a severer Punishment Servants have a more subordinate Dependence on the Head of a Family having from them their Livelihood in Consideration only of their due submission to his Will In contempt or repugnance whereof if their demeanour shall proceed to act a Violence on his Person The Crime more properly may be qualified with such Distinction and meet such Punishment In persuit of our Order should here ensue a like Discussion on that Violence the Master of the Family should Act upon the Members But since therein is found no legal Distinction in the Nature of the Act from what is practised on other Members of the Civil Frame more then the Infamy which justly followeth the Breaches of so nigh Relations We will remit to treat thereof in our Reflection of the Manner and the Measure of a Violence To these succeeds in Eminence of Distinction in Reference to a Violence the Magistrate under what degree soever being in Execution of his Ministry in that therein he fully seems invested with the Civil power and consequenly the Violence so sustained more highly ought to be resented by the Jurisdiction to whom he doth officiate as a contempt or Opposition to her Order In which respect perhaps this Fact on Him extending to a higher Consequence then on the former Subjects might justly claim precedence in our Order to all those our preposited Distinctions had not Policy succeeded unto Natures Order both in her Pattern and Establishment All other Persons of what Degree or Quality soever Noble or Ignoble Alien or Denison in Reference to his Trespass fall in the Ballance of one common Estimate The manner how this Trespass may be acted well considered will vary much the Nature of the Crime lending there to more weight or less from whence the Penalty receives due Regulation The common differences whereof may visibly be reduc't to these Distinctions Encounters Duels Surprises in the first Principle The intention of the Agent which soly lends material Consequence to the Fact seems wholly disengaged In the Second the intent of both seems clearly pre-ingaged In the Third the intent of only one seems pre-possest If Encounters admit of a double Distinction being such as are meerly Casual having no farther motive then the present Accident or Collateral having Relation to some former Difference yet so as neither Time nor place were pre-advised of either If pre-advised of Both as oftentimes is practised to shun the extream severity of the Law disguising so the Action then falls the Nature of this Trespass under the Distinction of a Duel If but of one determined the Fact may properly be tearmed a Surprise Casual Encounters what e're the Issues thereof are have the most specious pretence to plead for their Indulgence in that the first motive of the incensed will is not oft-times within the absolute Command of the most regular minde which herein but inform'd by unconsulted Appearance may facily seduce the Judgment to prosecute the sense yet since no Imperfection how naturally soever inherent to our frail Condition within the true Capacity of our Civil Vnion can plead a priviledge to prejudice Another Nor perfection how supernaturally soever in any constituted while yet a Member of this Civil Frame can lend a just Authority to any to be Repairer of their proper Damage as appears in the example of our perfect'st Guide In defence only of true Innocence Put up thy Sword who taketh the Sword shall perish with the Sword Nor can we how justly soever commenced or prosecuted exempt such Procedure from the Nature of a Trespass yet under this Limitation such only to the Publick The private therein totally excluded insomuch as the Nature of the strife implyes an equal Opposition if not in Power in Will and self-opinion of Sufficiency wherein if he be foll'd he justly payes the forfeit to his own Presumption who else declining the attempts might legally have persu'd the Advantage of his Injury without contesting for an equal satisfaction To which may possibly be alledg'd that the first most just and impulsive Law of Nature prompts every living Creature for their proper safety to rise in Opposition in their own Defence Nor is he half secur'd that relies only on the passive Part. In answer to the objection we reply the Law requireth but a visible declining from the Action to acquit him of the event thereon ensues To which although perhaps It seems to have prescrib'd too vast a Latitude as to retreat until he can Retire no farther in which he probably may be slain e're he attains those Bounds Yet other Circumstances that may reach the Intention of the Law therein in Reason may acquit him unless the Interposing judge presume too much on his Authority to tye his Censure soly to the strictness of the Letter The trespass may hereon ensue unto the publick is either in Respect of the Common Disturbance Breach of Peace or in Regard of the loss of a Subject Man-slaughter To that our Law hath equitably imposed Imprisonment or Fine To this a total forfeiture of their Goods Yet more effectually to the restraint hereof might possibly succeed the Influence of severer Laws directed to suppress such Incivilities as commonly are the Ground to such Disorders in which most Civil Jurisdictions seem totally defective Collater al Encounters by our Laws are not distinguishable from positive Duels though herein Time or Place concur not with the motive in the Intention In that the Reference of a former Breach prefigures a Design to persue the event to which Occasion then administers remaining still an unremitting Contiguity betwixt the efficient and the effect Yet when we shall reflect on the Infirmity of humane Nature which in the perfect'st Temper not alwayes is provided with sufficient Aids to check the suddain Motives of the Sense but having often passively
Injury resented persueth such unequal Advantages either in Respect of Person Armature or Number as are no way resistable The Trespass in Reference to the former can legally attain no valuable Distinction insomuch as the irregular will can figure for pretence no motive herein to persue the Fact but Malice nor object thereof but simply Anothers Destruction our proper safety not in Competition Nor hath the assailed Faculty to avoid the Issue of such Violence Relative surprises are such wherein the Trespasser through Negligence or Presumption obliquely only is concern'd as having under his Tuition Guard or Custody the Subject Beast or Person through distemper prone to act a Violence This manner of wilful Violence Moses reflected on though possibly not in so large extent as totally might concern the Nature of such Accidents Yet sufficiently to lend a perfect Rule to form an Ordinance unto the equal Prosecution of any in this Nature unexprest If an Oxe shall gore a man that he dye the owner or keeper thereof being formerly advertised of such a disposition in the Beast the Penalty of the Trespass shall be the forfeiture of his Life but so That for a certain sum of Money as a Fine his Life shall be redeemable The ground hereof is evident being in regard the owner had capacity to have restrained them from such an Execution To which common humanity ought to have been a competent Injunction Forewarned of the Danger of the Accident but being altogether careless of the common safety such Neglect or Presumption might really be suspected to have had a reserv'd Object of some secret malice to which in right his life could only satisfie yet in respect such Beast or Person possibly might escape from the Endeavours of the wariest Guard a fine might justly ballance such incircumspection The Reference of an intentional Instigation to a violence might orderly seem reduced under this Distinction but since such Procedure falls under common Notion of a Principle we should too far swerve from the positive Rule of Right to lend them here but a Relation to the Fact another executes by their direction the nature whereof more properly is comprised under Distinction of the Essential 3. The Place wherein a wilful Violence becomes acted may also seem to qualifie the Nature of the Trespass with Distinction to aggravate or lessen the exorbitance In Reference whereto we will reflect on these Particulars The Temple The Princes Residence or Court of Judicature each Mans Peculiar Habitation Porreign Jurisdiction The Temple hath in former Ages been held in so high Reverence among divers Sects and Nations that the Civil Jurisdiction hath sometime cast restraint on her own Ministry in persuit of Delinquents taking their Sanctuary within the Limits of the sacred circumscription If this high Priviledge were thereto constituted on an authentick Ground how considerable a Motive will it be to induce the Civil Ministry severely to endeavour to secure this place from private out rages A Violence there seems more immediately perpetrated in the presence of that high Judge who soly to himself reserveth Vindication and consequently denotes a great Insolence in Contempt of his Ordinance The high resentment whereof he seems himself implicitly to infer in his terrible Threats against the rebellious Jews deducing the vast Latitude of their Crimes should meet his Vengeance From the Blood of Zachariah who was slain between the Temple-Porch and the Altar Farthermore this Place erected more peculiarly to perfect and confirm our common union Such Procedure there practised seems to strike at the very Nature of the Institution Private Divisions breaking into Actions of Hostility within the Princes Residence or Court of Judicature highly exalt the Nature of Commotions For that in such Timerity the Agents seem totally to cast off the Imposition of the Civil Jurisdiction violating so presumptuously the Ordinances thereof under the immediate notion of her Ministers which properly might seem to figure an open Insurrection against the Civil Power Acts of Violence perpetrated within the Limits of our proper and peculiar Habitation reach also a Distinction may properly extend the Nature of the Fact each man possessing an Oeconomical Jurisdiction within the precincts of his domestick Residence so absolute as in some cases the Civil Power seems there to limit her just Procedure allowing him it the priviledge of a Sanctuary Whither Private Acts of Hostility perpetrated under a Foreign Jurisdiction may justly be subordinate to the Censure of our native Laws or any other forth the Jurisdiction wherein they were committed is in practice negatively concluded Yet in Reason may affirmatively be asserted under this Distinction If the effects of the Contention do reach no higher Nature then a Civil Trespass the Civil Jurisdiction wherein It was in Act is soly therein interessed But if the Consequence thereof extend unto a higher Nature as to infringe the Law of God Nature or Nations the guilt can equitably not be dispensed with by any other exterior Jurisdiction constituted under the Conformity of such Ordinance if legally therein prosecuted In that although the Jurisdictions are distinguished in Power yet have they but one Object in their Rule in reference to the Trespass in which respect mankinde may properly be said to form but one Society Farthermore the Issue of the â—act extending only to a Civil Trespass may sometime possibly concern the Dignity of a Jurisdiction wherein It was not executed if primitively the Debate had there original and Intentionally transacted forth the Bounds thereof but to avoid the rigour of the Law Abusive evasions from the Intention of the Law equitably meriting the penalty of a Breach 4. The more essential consequence of a wilful Violence whereat the Law most viseth to direct her Censure is the Degree or Measure of the effect accompanieth the Fact insomuch as the clearest Circumstance whatever is capable to yield but an obscure evidence of the intention which really if perceptablâ— might properly perhaps qualifie the Nature of the Trespass As also in That This alwayes answers not the Damage of the Injured whose reparation is the Principal if not the sole Object of Justice As for the premised Collaterals considerable in perpensation of the Fact Subject Manner Place simply or joyntly taken they reach no higher consequence then a Trespass wherein the Civil Jurisdiction seems principally concern'd which in it self indued with a Faculty to dispence a Grace without the prejudice of the injured may plausibly suspend Reflection from her proper Interests to weigh the satisfaction of particulars whose injury must questionless fall under Latitude of these Distinctions A Forcible Interruption A Simple Verberation or A Real Vulneration 1. A Forcible Interruption Restraint or Attachment although it possibly may sometime meet with so important an occasion as really may prejudice the Sufferer in his Civil purpose yet doth the Civil Jurisdiction in the Nature of the Trespass seem more especially concern'd whose sole and proper Object is the Preservation of the Publick Peace
which totally herein seems violated The Penalty therefore not without reparation to the injured dependeth more materially on the Publick Satisfaction yet in that such Attempts may sometimes meet with other Circumstance in Subject Place or Manner as possibly may extend the Nature of the out-rage to a Criminel Consequence The censure thereof sometime properly may be regulated not only by the Event but by a more especial Reference to our former Distinctions which also may be practised as a Collateral Rule in the Conjunction af all Degrees of Accidents in this Nature A simple Verberation may intimate a Blow stripe or Percussion with or against any thing so slight as visibly not to produce a real prejudice to the Sufferer wherein the Trespass seems to put on more Appearance of Indignity then Damage and might perhaps be plausibly repair'd in a due submission were not so favourable an imposition too slight an Opposition to the restraint of such Commotions And peradventure too forcible an Inducement to instigate the injured to prosecute a higher Satisfaction of his own Election to the Publick Prejudice In which Respect as also that few men think their Honour sufficiently repair'd unless their Estates may therewith be improv'd nor his Adversary in fame impeacht unless impoverished A more Essential and sensible Reparation may equitably be imposed on the Trespasser A Real Vulneration or wound is according to the Distinction of Naturalists Solutio unitatis The solution of Parts wheâ—her it be by Suffusion or Effusion of Blood by Bruise or Scision which Accident may sufficiently for the use of our Subject as the Object of Justice be limited in these Distinctions Sine Laesione cum Laesione cum destructione facultatis naturalis Without Prejudice with Prejudice or with Destruction to the Natural Faculty A Wound inflicted without prejudice to the Natural Faculty beareth no other Inconvenience then the present Grievance charge of the Cure or obstacle to the intercourse of Civil Negotiation The two latter Objects of Reparation may fall under a distinguishable Dimension The first obscurely is conceptable to anothers sence Nor truly in the Nature valuable since the agreeable fruition of the natural Faculties may justly be esteemed the most visible Felicity A Wound with limited Prejudice to the Natural Faculty may reach a vaster Latitude of Distinction in the Degrees thereof then clearly is determinable which nevertheless may usefully be reduced unto these ensuing Either it perpetually disableth an Instrumental Member totally or in Part or else a Principal only in Part totally it cannot without subversion of the whole Yet lenta Tabe with a lingering Consumption It possibly may advance our end To regulate the Reparation thereof to the Offence besides the former Objects not only the Dignity and Use of the Member so impaired is exactly to be ballanced But also the Propriety and Consequence thereof unto the Civil Function of the maimed forming from thence the perfect Measure of a satisfaction as may his Livelihood and his Families thereon depend which though fully responsive to Both yet the continual discomfort that eclipseth the Delight which should accompany the natural use thereof is scarce repairable A Wound whose Nature or Consequence extends immediately to the Extinction of the Natural Faculty without a Lenitive Circumstance to moderate the Disorder of the Fact according to the Tenure of most Laws in use exacts for Reparation an equal Infliction yet the Nature of the Penalty herein seems soly formed Satisfactory to the Civil Jurisdiction which in the loss of a Subject may alwayes not therein be totally concern'd since possibly the Trespass may not only deprive a Family of a Member but of their sole Existence naturally wholly and immediately thereon depending XXIX Of Sickness WHither this Infirmity be the successive Issue of our first Fathers Transgression or the inevitable Condition inherent to our frail Composure we will remit to the Debate of Theologians and of Naturalists The Object of whose speculation more properly the Proposition is it only will be requisite to Civil use so far to search into the Nature of this Subject as may disclose the Impediments may thence ensue unto the forming of a perfect Constitution in a Politick Frame and the directest means to avoid those fatal Consequences The Strength and Riches of a Nation most visibly depending on their useful numbers and their useful Ability so much as this common Calamity is prejudicial thereunto in either so much It detracteth from the establishment of a common welfare and though it cannot be denied but that the Members of a Civil Body without such Qualification in Quantity exceeding may possibly be a Burden to it self yet have we not lent such Attribute to the Distinction as if the sole Propriety thereof could any way consist in Reference only to Proportion But to Quality wherein if we can form the Parts thereof but useful The Quantity thereof will rarely meet excess Nor can the deborcing Multitudes of Goths Huns or Vandals which in declining of the Roman Empire so frequently o're spread the Jurisdiction thereof in an Hostile manner be accounted an erruption of the useful but of the vacant and superfluous people which needs no farther Argument for Confirmation then their sudden Exit When David collected an estimate of the People they were according to the measure of their Limits the most numerous and flourishing Nation ever was when in his successoâ—s Time That his Accumulations had their Issue Silver was said to be as the Stones of the Street And although this may probably be imputed an effect of his so frequent Victories yet when we shall impartially reflect upon the real Acquisition of successful Arms we shall conclude that such Investures seldom are equivolent to their Charge Nor was there a Defect of other Visible means to the supply thereof in Civil Commerce which proves their Wealth was rather the Production of the mutual Industry of the Society So necessary a consequent to the Establishment of a flourishing State It alwayes hath been held to annex Ability to their Multitude that this Consideration only formerly hath produc't a use in * Lacedemonians Commonwealths less Civiliz'd then strict To extinguish weakly and Imperfect Infants in their Issue which Inhumanity although improperly provided in Persuit ev'n of their Politick Purpose since there are divers Ministries in a Civil Texture whose Perfections not alwayes follow the Exteriour vigour of the Nerves yet insomuch as both the vital and the Animal Faculties are educ't into perfect Action by the communicative Vertue of the exact Temperature of the Natural Constitution The Breaches or Infirmities Herein either Native or Accidental chiefly should be visited to be reduc't to such Conformity as might most properly and happily conduce to the exact managing of every Ministry in a Civil Union To form an Institution truly regular to our purposed Objects It will be requisite the Civil Jurisdiction regulate these Collaterals The Phisical Practise Habitable Scituations Alimentary Provisions
profuseness tendeth not only to the disabling or Destruction of the Practisers but to the useless dissipation of the common store as also the disabling of their Issue to the publick use not only in the natural Defects of the Body but in the vicious Inclinations of the minde infused in their Generation and in such powerful Examples habitually fomented and confirmed in their Education In which Respect our Civil Minister should lend more strict and vigilant Circumspection to the suppression of such unnatural Inordinacies instituting thereto a moral supervisor in nature of the Roman Censor endued with capacity to impose just Penalties on such Disorders either by publick Infamy Civil Incapacity Fine or Personal Infliction equivolent to the Degree and Frequency of the Extravagance XXX Of Indigence NO Moral Argument can more evidently confirm the fall of Man from the first Purity of his Nature then This his acquired Misery it being a Reproach to our Creator to figure an Insufficiency in his hand-maids Ministry And although Nature suffering under the sentence of Mans Original Transgression may seem declined from the Perfection of her primitive Institution in the Retraction of his Grace had formerly lent more Influence unto the support of her Order yet did such Affluence tend rather to the enlargement of his Felicity then the necessity of his existence whose being had rather then for Object his Speculation then his Action but having in the unhappy exchange of his Function forfeited the Excellency of his Condition the measure of Her Fertility became proportion'd only to That use not to the Ministry of his Licentiousness which wild Revolt from her Prescription in appearance might detract from Her Benignity but not exhaust her Treasury whose sources when restrained are unfluc't either in submission to the Penalty of the Trespass To live by the sweat of his Brâ—ws whence was concluded the Industrious should be filled with Plenty or in the tender of His Gratitude in a helpful Dispensation whence is asserted The means of Preservation in the Day of his Necessity And although the Latter conclusion may seem to extend beyond the Limits of a Civil Position to which we in Propriety to our Subject only should adhere yet since the Exposition of the Institutor hath also It reduced to a Civil Notion under the figure of a Prudent Steward We shall form no impertinent Digression to incline to the explicit sence thereof in Regulating our Civil Opposition to this Calamity in respect a mutual and coadjutive Ministry immediately is necessary to the due support of the Civil Faculty From the general Result of our Argument may visibly be collected three distinct Principles necessary in Practice against the Approaches of this Misery Industry Providence Charity which persue also three distinct Objects to attain the perfect use to which they were directed Industry acquireth Providence reserveth Charity dispenceth On which three columns we will erect the Fabrick of our Civil Magazine To appropriate which exactly to the use we will reflect on the extent thereof which may be limited in this Distinction Publick or Private The Publick use hath for Object common necessity the Nature whereof although perhaps extended to many particulars in Reference to our livelihood yet pertinently may be reduc't unto the Intimation of one common subject under the Distinction of Grain which soly being sufficient to the support of our natural Life all other Aliments seem therein properly included This common Calamity in the Defect thereof most frequently is induced by the stubborn persuit of our Original Corruption Which causeth the Earth to be as Iron and the Heavens as Brass Such was Jewries misery under Elisha 's Prophetick Ministry such Egypts under Joseph 's Delivery And though the efficient cause of this Disaster may seem to be of a far higher Nature then yet a Civil Faculty could e're pretend to reach at the Removal in a timely Remedy yet since Divine Providence hath so far favour'd humane Prudence as to avoid the fury of the Issue we plausibly may follow the example of such Practises which though often grounded on a supernatural Provoyance yet have they in their Civil Order left an useful Prescription The Method of Josephs Ministry under Pharaoh's Trust was to erect vast Granaries in every part successively accumulated from the superfluous Affluence of the common Plenty In prosecution of the order of this Rule may probably be objected that he had happier Aids to lend success to his Intention then humane Wisdom alwayes is assured of A remote Prevoyance and a Successive Plenty In Reference to the First capacity may be reply'd we want no pre-advertisement to That which alwayes may and frequently doth happen in one Degree or other In Relation to the latter may be inferrr'd the Faculty of Nature doth rarely want such supream measure of Celestial Influence to educe a fertility where Industry hath in her form'd a perfect Disposition by a proper Culture To the useful Dispensation of the common store we only will insert this Caution That It be Seasonable Orderly Proportionable not Chargeable or Burdensome the perfect'st Attributes of a Benefit Seasonable Before the exigent hath impaired the Faculty of Nature either in defect of Aliment or in impulsive Refuge to improper sustenance Orderly Commencing the supply either in Reference to place or Person where there is greatest urgency Proportionable This Qualification of our Subject hath in the propriety of use a reciprocal Object The true Dimension of the Distribution issuing from an equal collation of the common Faculty to the common Necessity be It distinguished either in Reference to the number or Disability of the Family Not Chargeable or Burdensom else were exchang'd but not remov'd the Misery reversing totally the Nature of the Institution which had for Object soly mutual Relief of the Society no Civil Commerce for abject Lucre to enlarge a Treasury Many other remote Degrees of this publick Exigence may also be produc't by Avarice and Disorder Avarice thereto conduceth either in an untimely Restraint of private Store or in a secret and unseasonable Alienation thereof by exportive commerce or in perverting the use of the Soyl to avoid which Inconveniences the Civil Ministry might constitute an Inhibition that no private Oeconomy whatever should under Penalty presume to extend the total Issue of their annual Store beyond the Revolution of a double Crop From whence deducted an equal Proportion to their private use for such a season the Residue to be tendered at the publick Mart in such equal proportions as might extend unto the tearm so limited and such a Quantity as there remained unvended the Substitute to the Civil Ministry might take off only at a subvalid Rate wherewith the common Receipts should incessantly be replenish'd for the Publick use To which limited Prescription of Time and Portion should also be confin'd the Buyer as well as the Seller And for a Regulation to their Commerce whose Function might alone thereon depend to limit their Proportions within
the exact Execution of her highest Ministry Nor is it probable but that the Genial substance suffers in the Distemper such an Alteration and Intemperature as may deprive it of that Aptitude should render It susceptable of a perfect Form But how the Civil Ministry should equitably exercise a Faculty of Temporary Division where It hath constituted a continual Union is scarce distinguishable unless it be by Imposing Penalty on the Civil Trespass Infamy on the Natural wherein the Modesty of womanhood impeeched might possibly crown the Intention of the Institution with success 3. To interdict Licentious Luxury from the legitimate Priviledge of Natures needful Ministry may seem a Procedure repugnant to the Civil Institution of her useful Remedy Yet in Respect such wilde desires rarely do submit unto a decent or regular Prescription As also that the consequence attends on the Pretence may probably subvert the natural end of such a Civil Priviledge either in debilitating the Natural Faculty by too much effusion of the Spirits in an untimely frequency of the Act or impairing the Natural Faculty by contracted Infection from the Diversity of Objects we properly may admit of such an Inhibition not only as a Natural Caution but as a Civil Penalty since Nature in us covets to perpetuate our Existence in the successive Propagation of our kinde nor is totally improbable but that the Civil Institution of divorce assumed an Establishment from the Reflection of our equal Purposes 4. That it should be requisite to an exact Production to suspend or exclude the Infirm in Natures Faculty from officiating to her Ministry is so evident a Position as will rarely meet a Contradiction in regard Nature then soly is intentive to repair the Breaches of her proper Continent not to form her Similitude in another to which if then impulsively directed she forced is to assume her principles from an imperfect Abstract whereby those deprav'd Dispositions and Intemperatures become transferred on her purposed Pattern What kindes of Infirmity under the Capacity of Civil Union or what degrees thereof should properly fall under Inhibition Nature her self may prove the best Informer whose Motives seldom are irregular if not suborned by licentious Habits Although perhaps sometimes left soly to her proper Conduct she therein may officiate to her own Infirmity yet are the Effects thereof perceptably preceeded or accompanied by other Symptomes preternatural which falling under the Capacity of other Cure may equitably be dispenced to assume that Course might probably produce an equal Inconvenience in Anothers Being But how the Civil Ministry should be possessed with a Faculty to regulate this Inordinance where the Defects reach not a visible Incapacity not clearly is distinguishable unless it be in the suppression of Licentiousness and Lux that frequently foment the untimely and Indecent Motions of the Sense which so become subordinate to Reasons Ministry shall seldom want other Inducement to regulate the will then our own present Safety and our own Issues future welfare endangered in a sensual and untimely Liberty Having attain'd the Natural Object proper to the Improvement of our Being exactly forming the Constitution of the Body in a regular Generation it might perhaps yet appear necessary to the due Prosecution of our Order here to persue the Improvement of the Animal in Reference to our present Subject But since the Soul educed only is to perfect Action by the just Figure Contiguity and Temperature of her Organs in positing the exact Composure of the Natural Fabrick we have implicitly concluded of the potential Perfection of the Animal Faculties XXXIII Of Education NAture having never so exactly cast her Model yet in our first Education leaves the supple Matter Subject to the Alteration of every slight Impression so that the Circumspection of our Elevement is of far higher Consequence then the Regulation of our Primitive Materials Insomuch as in our Generation we receive but a potential Aptitude in our Education an actual Habit And though the Natural Inclinations rarely are effaceable yet are the most irregular sometimes â—mprovable if undertaken in the Infancy by a vigilant skill As also the most consonant Impairable committed to an Imprudent Neglect a visible proof hereof Licurgus the Lacedemonian Legislator published to the people in the dissenting Inclinations of two Hounds extracted from one Litter The same Analogy in efficace as our Culture holdeth with the Soyl the same our Education with our Generation The dispositions of Nature though ne're so fertile being but extravagant Propensities if not directed to a useful Ministry nay usually the most pregnant Faculties exact the most advised Regulations as well in the Animal as the Natural Operation which Circumspection must be seasonable while yet the plyant matter is susceptable of any form and the facile Spirit not servilly possest with an insulting Custom As the Receptions are then most easie so the Impressions are then most Lasting Quo semel est imbuta recens servabit odorem Testa diù The Vessel retaineth longest the odor of the first seasoning Neither requires this only an Oeconomical but a Civil vigilance So much was implicitly exprest in the Spartans Reply When their Adversaries demanded thirty of their Children for Hostages refusing to yield up their youth they proferr'd to engage a double Number in virility Under what general Principles our present Subject should be distinguished or how persu'd we farther will examine such Notions first preposited may form our rude and passive Nature perfectly susceptable of so exact an Institution In Reference to which order our frail Composure being constituted of differing Materials the Civil Ministry must in the Regulation thereof vise at distinct Objects to educe the individual into useful Action Chearful Vigilance and Infatigable Travel in Relation to the Body Moral Civility and National Affection in Reference to the minde Vigilance In regard such Habit endueth us with Capacity to anticipate all Occasions may conduce unto our Purposes extends the tearm of Life lost in a sluggish Stupidity and lendeth more Facility to the Prosecution of an enterprise Nor is this season of purility only material to this Regulation as most susceptable to the Induction of any Form but as most incident and propensive to yield the Indulgences of floth most frequently then accompanying the o're humid Temperature of the Brain Which exercise we have qualified with Chearfulness lest the severity of such a Caution should become to yet unactive Spirits a disagreeing Burden so render them less useful fetter'd with such Anxiety On which Consideration was perhaps grounded the Prudence of those Parents who have been so exactly regular in Education of their Children to have their Spirits with the new born day summoned softly from their flattering slumbers by the inticing notes of Harmony 2. Travel Insomuch as by assiduous Exercise the Body by degrees becomes both strengthned and inured to encounter Actively or Passively all Oppositions peculiar to our Functions or accidental to our Fortunes The constitution of our Body becomes
Law approached and every curious eye forbid therein to make Inspection Of such Nature should the Investure be of Vertues Dignity Indefinite and immaterial that her Actions being free and without propounded Compact might render the Purity of her sources to be suspected neither vain or Mercinary Equivolent to this Rule was that prudent Generals Dispensation in his Ministry who to dignifie the vertue of his Magnanimous Courage to whom they were indebted for two Victories in one day on his generous refusal of the spoil designed for his Recompense as too mercinary an endowment for a Noble Temper presented him his Horse for Martial Service with the Caparison of Eminence belonging to his State and qualified him with the Title of that * Coriolanus Place his valour had acquired to the publick Benefit and Honour And although such a procedure may possibly engender private Envy and Grudges to the forming of Civil Discord to the publick Prejudice yet such Inevitable and Corrupt Productions spring but from the Rankor of abject and degenerate Spirits Mindes elevated and refin'd receive from thence with Cato a more noble Resentment Who failing in his Pretences to the publick Ministry conferred by Election on his Competitor was so far from a distaste thereat that he wished that all his fellow Citizens were justly in that and in all things else to be preferr'd before him It was this Glorious Lost Forgotten and misprised Idea of the Soul acquir'd to antick Rome her Dignity and Extent The publick welfare in general is but remisly persu'd nor the particular Members thereof but faintly supported Where the Prescription of the Law extendeth our Devoyr only to the performance of our Contract and not to impair anothers Property And notwithstanding It agrees not with the Nature and Dignity of so illustrious an Attribute to borrow an Original from any Retribution or exterior Advantage whatsoever Yet shall that Prince or Magistracy which but neglects nay nicely not encourageth such eminent Proceedings never attain the Glory or Felicity of a flourishing Society To avoid the Hazzard of which Consequence we will proceed yet farther to distinguish the Nature of our Subject with the several Objects and the Capacity of the publick to improve the Effects thereof The General Objects thereof are either Publick or Private The particular Objects in Reference to the Publick may be inferr'd in these Distinctions Martial Civil Natural Mecanick and Munificent nor yet in Reference to Particulars is any Object thereof rightly instanced which may not be reduced under the extent of these Principles as also sometime possibly in one Subject may they meet a Complication in their Nature In the Distinction of the Martial we may imply such exploits in Arms either Offensive or Defensive as in a Lawful War peculiarly conduce unto the Publick Benefit and Honor beyond the Simple Intimation of Devoir inherent to our charge According to the Pattern of the first Difference was Coriolanus Atchievement Who in the close persuit of his Enemies entred the City with them and with the Aid only of a few that followed him reduc't it to the Roman Government And while yet freshly bathing with the Sweat of his Toyl and the Blood of his Foes having secured the City returned to a doubtful Conflict without betwixt his Party and their Adversaries both Ignorant of what had passed where magnanimously fighting for his Countries Glory both Victories were imputed soly to his Valour A Parallel to the Latter Distinction was that Romans * Hordcius Cocles Adventure Who with his Company persued closely by his Enemies to the entrance of the City caused that part of the Bridge was betwixt him and his Companions to be cut off That he alone making a head against the fury of his Enemies might so afford them time to enter for their own Security without a farther hazzard to the City which done he with his Arms in his hand leaping into the Mote surrounded it s … e to the Banks thereof where his Associates Received him with Joy and Admiration of his Vertue Nor truly can it be denied but that as we have lent this Distinction the Precedency in order so both in Right of Antiquity and use It seems herein to challenge the Preheminence not only as the Founder and Establisher of the Civil Order whence issueth the Capacity of the Rest but as the most penible dangerous and highest Adventure to the undertaker which seriously considered we may undoubtedly affirm the real Source and Element of Dignity most properly is seated in This Exercise as appeareth in the Nature and Signature of the Primitive Institution of Honour on Escusions Antick Pieces of Armory And in the successive Additions Thereof in several Orders of Knighthood although both the one and the other have been promiscuously conferr'd without a Reference to any such Distinction yet hath It not been without Blemish and Detraction of the Grace Intended in the Institution whence probably hath issued the Misprision and Inefficacy of the Ordinance especially when the Corruption of succeeding Ages had prostituted her highest Attributes to a venal Acquisition or other interessed Intercession It were very requisite therefore that every Qualification might reach the Intention of the Institution to form such Illustrations of Honor proper and peculiar to the Nature and Distinction of the Fact That the more noble Consequences might not be ballanced in esteem with the Less nor the Less with the Greater to the Envy or Misprision of the Institution And farthermore that such Investures of Dignity might have no other Tract of Acquisition but the Free Grace Acceptance and Acknowledgement of the Institutor in Reference only to the due Merit of the Acquisitor Otherwise the use and Benefit thereof will soon be frustrated and void These Ornaments of Civil Distinction may probably appear a Vain Ridiculous and but an empty Gratuity unbecoming the Majesty and Magnificence of a Prince or State not accompanied with more essential Inherences Yet rightly conferr'd they are but Ceremonious Pledges of the ensuing Necessity to enlarge their Civil Faculty in future Employment to the publick Benefit Notwithstanding They may possibly meet in such a Subject whose Indigence might exact more timely and material Gratuity else such intended Grace might prove to them both Burdensome and Reproachful which Inconvenient might happily be supplied from the Common Treasury in some Annual Pension Provided that neither the Proportion nor Continuance thereof had other Reference then the due support of that Dignity conferr'd until some Accident might form an Opportunity to transact like Advantage on them in some useful Ministry most proper to so eminent a Capacity Otherwise if such Munificence were more General or unlimited The Treasury would either thereby become so burdened or exhausted by the continual Affluence of Pretenders that either new Sources thereto must be derived from the Subjects by a general Levy of Impositions to the publick Prejudice or else the Majesty of a Prince or State become eclipst through Penury
and Want Under the Intimation of Civil Offices to the Publick extending the simple Latitude prescribed to our Charge may be comprised the Council or Advice that with undaunted Integrity makes either Proposition or Opposition against the Purposes Designs or Practises of a Prince or Populace to the Advancement of a Common Good or the Declining of a Publick Damage though to the hazzard of Estate Liberty or Life Such was Regulus Advertisement to the Senate When they inclined to conclude a shameful Peace with their insulting Enemies in favour only of his Safety become their enlarged Intercessor on his Faith failing thereof to return which resolute Perseverance in a Publick Convention may sometime possibly pass under Censure of an incautious or corrupt Obstinacy that with singularity in form tendeth but to foment intestine Faction But the Grounds Inherence and Consequence of such Debates examined will evidently disclose the Nature of the Intention The Former usually proceedeth with more Modesty and Sufferance The Latter with more insolence and Passion That but endeavours to enform or to enlighten his Pretences to an equal Reception This to impower them to a servile Imposition In private Conventions such Procedure may seem but to decline that Interest for which peculiarly the Members thereof were united Yet rightly understood it may become a Paradox to affirm that Prince or State can be endued with Capacity to receive any real Advantage involved in a Publick Prejudice or disjoyn'd from a Publick Benefit though such a Notion hath unhappily passed for a general Position Whereby Princes too frequently resent with high Indignity Repugnance to their will corrupted by the Adulation of adulterate Glosses But a prudent inspection will from ensuing Consequents soon collect the Error of their Apprehension And Honor that Integrity adventureth rather to incur the hazzard of his Princes Favour then wilfully to betray his Masters Interests Such a resentment was plausibly exprest by one of our illustrious Princes Whose youthful Licentiousness during his Fathers Reign being gravely checked by a Civil Magistrate proceeded to that heighth to strike him for which he being by the Magistrate committed He after for such Procedure was by him succeeding to his Fathers Throne most highly dignified acknowledging he worthily had therein maintained the Dignity of his Laws 3. By Inference of a Natural Beneficence we may imply such genuine Discoveries of Natures Mysteries as may conduce unto the safety or Felicity of the Civil Union which either the Avarice or Envy of others had concealed or their own Industry or Experience hath disclosed Of this Nature was Hypocrates overture to the Publick Who that they might escape the Ruine of a raging Pestilence surrounded all the Confines of their Territories advis'd them timely set on Fire the interjacent Forests whereby the Air being purified his Country was preserved from the danger of an encroaching Contagion In promoting such Advantages to the Publick Benefit Custom hath so corrupted the use of Industry That it will become necessary to lend This and the succeeding Distinction a more material Compensation besides the Grace inherent to a plausible Reception then probably may agree with the exact Definition of the Nature of our Subject All Arts and Sciences receiving now no other vigour then what from abject Lucre is inspir'd 4. In persuit of our Order ensueth the Mecanick Ministry to the Advancement or Preservation of the Publick Interest which notwithstanding It may seem inferiour to the Rest as a more proper Subject to less elevated Capacities yet in Respect It is immediately necessary to most uses visibly inherent to the due support of the Civil Frame We equally may hereto lend a considerable Reflection not weighing the excellence of her Nature either in the Curiosity Rarity or Delight of Her operation but soly in the material Consequence and use thereof essentially conducing to the Civil Welfare Of this Quality in the Military practice was Archimedes Engines for the Defence of Syracusa against the Fury of the Romans Or what other in Civil uses may be produced against the sterility of the Soil Natural or Adventitious or what otherwise tend to the Improvement of a National Commerce But such hath in our Age been the unhappy Dispensations of Publick Grace That those Arts have received the most essential Indulgence and Encouragement That most licentiously have conduced to Vanity and Lux contrary to the Resentment of that generous Prince Who prudently weighing tht use of every singular Faculty to him that with infallible Dexterity could cast a Grain of Millet through the Eye of a Needle ordered for Reward a peck of seed he might not want Materials to keep his Skill by frequent Exercise On this Design of Publick Benefit are grounded the Pretence of most Monopolies it seeming to a Prince most equitable that every man should soly reap the Benefit of his own Industry or Invention for a time prescribed that the Fruition thereof may in future be returned to the publick use But such Motions might possibly meet a more plausible entertainment and a happier Issue If the pretender were enjoyned to attend the Test of their own Proposition in an approved Consequence and totally rest disjoyned from all peculiar Benefit therein depending only on the favour of the Magistracy to make an equal Compensation agreeing to the Advantage of the Issue Fot closure to our Publick Objects of Beneficence succeedeth the Distinction of Munificent which in honour to the Attribute we may seem in order here to lend but an improper position in Respect that all the former Objects may possibly be masked with other private or peculiar Interests whereof This altogether rests only unsuspected imparting voluntarily of their Own without a Reference to any Retribution or peculiar Benefit whatever Yet nevertheless since commonly such Distributions proceed rather from the Excrescence of a private Store then simply the Benignity of a Generous Inclination wherein is nothing really of our selves or hazzarded or communicated and what is so dispenced usually but the Fragments of what our Frailty will no longer suffer us to enjoy so that the essential Circumstances of the Motive clearly considered we rather in favour of the publick Interest have lent such a Distinction here a more noble Association then properly is inherent to the Nature Thereof Nor can we thereto yield so eminent a Qualification in Honor as might induce Another to an equal Emulation of Munificence where the Donor scarce survives the Induction of his Act more then what the dull Letter of a Monument barely will infer But to dignifie that Benignity which shall with a well composed Minde cast from his Sense the Charming Minister to Vanity and Lux while yet in the Capacity of Fruition to constitute the reviving Affluence thereof upon the languishing Misery of the Indigent we no way can afford too illustrious an Inscription to His Merit 2. Before we enter to treat of the Second General Object A private Beneficence extending beyond the common prescription of a Civil
Devoyr Two Arguments thereon depending will require a more distinct solution First whether the Publick may immediately be concern'd therein remotely It alwayes of Necessity must And whether without such Reference the Publick may be concern'd to agitate thereon The First Proposition may without Difficulty admit of an Affirmative The Latter not without some Intricacy Insomuch as private Benificence may sometime be conferred on a private Person imployed in a publick Use Military or Civil And in that same Degree oft honoured by the Romans who had design'd a Crown of Triumph unto him that had in publick Conflict sav'd the life but of the meanest of their Fellow Citizens whereby the Band of Unity became amongst them far more strictly vigorously and intirely secur'd to give a happy repulse to the fury of their Enemies But whether the Publick be so far interessed as to censure of the unequal Resentment of a Private Beneficence betwixt Party and Party is a Subject yet undetermined If example may bear authentick weight to an Assertion we may produce sufficient evidence from the Records of many Civil Jurisdictions wherein It by Prescription of the Law hath been allowed actionable as a Private Plea But in more severe Governments prosecuted by the Publick as a Capital Delinquence As may be instanced from the Athenian Judicature Where Callias was publickly arraign'd for his Ingratitude to Aristides suffering Him and his Children even to perish through Indigence by whose peculiar favour he had attain'd an eminent Acquisition In Objection to the procedure of the First Pattern may justly be alledged that it is against the very Nature of a perfect Benefit ev'n but to expect much more to exact a Restitution And he that formeth but a Repetition of the Circumstance of his Munificence blemisheth the Grace of his Benignity But he that reduceth It to the Reproach of the Receiver perverteth the Nature of his own Intention In Reference to the Latter Rule though This may be alledg'd no proper Subject for the Institution of the Law forasmuch as neither Publick nor Private prejudice ensueth the Mecognisance This not endammaged in regard the freeness of the Act taketh away the very shadow of a Pretence That not impaired in Respect the Consequence Thereof not immediately reacheth the Publick Interest collaterally it may in that the Impudence of the vice not checked may probably make so great a Breach in the moral Constitution of our Civil Union as to introduce a common Barbarisme As to the farther Discussion of our suspended Subject A Private Beneficence the Nature thereof under the same extent of Latitude in Devoyr as formerly exprest may seem inferior to our former General Object in Excellence considered in Gross in that Bonum quo communius eo melius but taken in the mutual Coherency of Parts of a far greater Efficacy to the Structure of a happy Union To a Publick Advantage of this Nature rarely is encountered Matter but to work upon and possibly more rarely meeteth a Capacity to entertain It. To communicate a Private Beneficence every Place Time and Person affordeth us both Subject and Ability in one kinde or other so that rightly distinguished the most advised Legislators have considerately endeavoured on This Baiz to erect the Felicity of their Societies But how the Publick should distinguish of such singular Aids totally to be divided from all peculiar References or how cleerly discerning their Nature duly to cherish and approve them in an honourable Reception is a Consequence not unworthy the Reflection For solution to the first Branch of our Proposition we may infer that he justly deserves to fall unpittied by a Common Decree under the burden of a future Misery who shall so far become restrained by the shame of his own Indigence or Impotence as to smother in his silence either to God or Man the immediate means to his security In Reference to the Latter Position may be asserted that to such Manifestation of the Act may justly follow an exemplary Encouragement from the Moral Censor with due Applause to dignifie the Action It may here probably be objected that having propounded our Subject in General we have as yet omitted clearly to handle all the Dimensions thereof insomuch as we have yet only consider'd Vertue in her Communicative Faculties whereas Vertue frequently wanting such materials may rest confin'd and only but concentrate in It self In answer Although It may seem ev'n against the Nature of Vertue to be indu'd with an incommunicable Essence since both in Example and Precept she needeth not to borrow the Endowments of Fortune to illustrate her Expansion but admit the Influence of her Graces so powerful and absolute from her own proper Nature Nevertheless to the common reproach of our Age be it attested Vertue wants more material Ornaments to plead for her Reception Who adhereth to the Counsel of the Wisest if Poverty o're shadow the Consulation and be his minde never so impenetrably compos'd against the various and continual Batteries of an impetuous Adversity if obscured in Indigence Who regardeth or distinguisheth his Fortitude So both his Justice and his Temperance seem smothered in his Impotence But happier Ages lend us more exemplary Presidents from their Felicity where we may observe that in the most flourishing Societies Vertue so humbly seated did never want her Dignity as appeareth in the Antick Grecian Glory extracted from the Justice of Aristides The Prudence and Moderation of Phocion The Fortitude and Magnanimity of Epimenondes Nor shall we need here farther to trace a Prescription to qualifie such eminence with Honour since we already have in the Inception of our Treatise thereon rais'd the true Capacity to our Ministry XXXVI The Extralegal Punishment of Vice HAving lent a competent weight to one extream of the Beam whereon our Civil Vnion chiefly doth depend in dignifying Vertue beyond the due Intention of the Law we may persist to cast an equilibrate Counterpoise in the opposed Ballance In the Prosecution of Vice beyond the full Prescription of the Law that from thence an harmonious uniformity may issue from the Texture of the whole Frame Vice is the General and Principle Subject all Civil Societies by rigour of their Laws endeavour to suppress as the only promotor to Sedition But few with so exact a Circumspection as the Consequence of the Subject may require to the due modelising of a perfect Society in that Vice thereby becomes impeachable under the Prescription of anothers Prejudice not simply under Notion of Its proper Nature As though the germinating seeds of Vice or the Effects thereof could be contained long within the Limits of a peculiar Continent or the whole Body long preserved sound where the Members Thereof are already in themselves corrupted To avoid which Danger it were materially useful to take away the very Appearance Thereof ev'n in the first Eruption And lest the Indulgence or Neglect of Parents should farther yet the growth thereof in their licentious Issue e're they become of due
in a Civil Union may ensue the sufferance or the slight Restraint of Slaunder though taken in the obscurest and remotest Latitude of Sence may evidently be conceived when we shall seriously reflect on the inefficeable Impressions are secretly left behinde the Publick Discussion Thereof in the unresolv'd Conjecture of the Auditors So that though the mischief of the suggestor be clearly convicted the innocence of the Plantiffe remains not fully vindicated whereby unequal Resentments become fomented to prosecute such illegal Reparations as probably may extend to the extinction of many Families if not unto a general Commotion in the Civil Frame Nor can the extent of a Legal Verdict directed only to a pecuniary Amercement become an equal compensation to the Injury Where the malicious Impeacher of anothers Fame remains unbranded with such Publick Infamy may render him more obvious to a Civil Incapacity 2. Calumny though formed from the same Original makes slighter Incursions on our Civil Fame yet may the least Degree Thereof not pass the Burden of a Civil Censure since our common Reputation is the visible Foundation to our Livlihood or Civil Faculty So that the secret and frequent Expansion thereof meeting with the Corruption of our humane Nature prone to exagerate the very shadow of anothers Infirmity may possibly reach the extinction of the Natural Existence 3. Detraction takes a lower flight by remote Tracts to winde the Matter to as high a pitch lessening It self till It become not obvious to the sence which with more Art disguis'd requires more Art in the Discovery Her Traces hold no uniformity but often shift the shadows of the Scene to trouble or confound the Appearance of the Matter with an Ambiguous or opponant Light So that the Interessed not only hereby hazzardeth his present Advantages but becomes unequally impeacht of Evils not in question While the envious Imposture casts the Contagion of his Venome without the Danger of Contraction From hence though more remote in Nature more sudden in the Operation and consequently more considerable in the Circumspection proceed Acts of Incivility as Affronts or Disgraces in general Scoffings and Deridings The malignities of the Former moving more slowly afford a time to lend the Civil Minister a Capacity to allay or stop the vigour of the Infirmity e're it attain the height These like Tinder catching fire at the first Eruption seldome become extinguisht but with untimely Slaughter In which Regard It may become a wonder to a digested sence to finde most Laws so unprovided or so slack in the Restraint hereof as not in the least manner to reflect on their Nature or their Consequence since both directly tend to the Infringement of the Publick Peace By which Neglect the injured is prompted to pursue unequal Reparation to his wrongs Affronts more insolently and deliberately determine a Division in the Civil Frame Scoffing more slily and obliquely The Arrogance of That seems to assume a priviledge to impose a Rule The subtlety of This but to insinuate a form in common usage Not inferiour to these are Acts of Inhumanity whether in the omission or in the rigorous and untimely execution of Civil Rights which most men judging soly confined to the Injunction or permission of the Law make those the Stations of their Civil Duty which are but fixed Lights erected only on the extreams to avoid those shelves procure a common shipwrack To the first Point we must come to the Latter we may come under this Caution Summum Jus summa injuria Extream Right is extream Wrong Betwixt these and the common Continent of a Civil Devoyr there are many Degrees of Latitude not specified in the Letter to leave the will more Freedom in the Election of the Good or Evil which thereby only are intitled ours Nor can he justly be admitted as a Member to the Civil Structure whose Actions do endeavour to deface the very Nature of that Being doth qualifie him with his Distinction How far This Savage Attribute may be repugnant to our Civil Order explicitly is implyed in Intimation of the sence Thereof expressed in the Letter inferring a satisfactory and inflexible persisting to the Destruction of our kinde To what extent might be reduc'd the Nature of our Subject not easily is distinguisht since each remorsless sence of others suffering tending to Ruine we impose or farther may form thereto a perfect Definition A proof whereof adjudg'd may be extracted from * that Roman's entertainment Who on Reception of his Page that much perplext his Sickness had detain'd him till the Period of the War in that he ne're had seen the Slaughter of a Man To satisfie his Reproachful Curiosity commanded straight a Criminel to the Block for which he by the Censor was expell'd the Senate As Twins falling under one Similitude in Nature may hereto be annexed Acts unnatural as the Inemnity and Neglect between Parents and their Children Brother and Brother and other nigh Relations in Affinity where both Divine and Civil Institutions joyn to engraft the strictest Band of Unity to lay a firmer Baiz unto the lasting Structure of a Civil Government as may be instanc't in Conjunction of old Israels Tribes who farther were by severe Laws enjoyn'd to support and supply the Members of their Families even to the nighest union Nor can in Reason it be figured that any person Cordially should adhere unto the Publick Interests in remote Agitations who so reproachfully deserteth the Contingence of his own in a nigher Intercourse Not far remov'd from This in Consequence are Actions of Ingratitude when as the due Resentment of a free and timely Comfort to an afflicted Condition utterly is extinguished an Impropriety so incongruous to a Civil Community That common sense in every Beast may lend It infamy The Oxe and the Ass know and acknowledge the hand to them administers And the most Savage will become reclaim'd where they accept to Nature a Refection whence man of all distinguishing Creatures should receive so unequal an Impression must either be the Arrogance of his haughty Spirit detesting to appear inferiour by a Civil Fealty or else the Avarice of his sordid Nature retracting the Acknowledgement lest It in Civil Rules might challenge a due Compensation Both which Sources are to a Civil Union equally incommunicable How far the Issue yet may probably obstruct the Circular Motion of our Civil Body in a reproachful Mecognisance may to the grossest sence be clearly evident considering no Consequence can sooner form Reluctance in the will to do another good then where our full Endeavours meet so bruitish a Reception Having thus traced out some irregular Motions in our Civil Frame under a more Especial Reference unto others we will endeavour now to treat of some Disorders under a more immediate Reference to our Selves not pretending to attain the full extent of either But to cast such a shadow thereof on our present Work as may comparatively form the unexpressed more distinguishable and hold a fairer
our Adoption A Custome very frequent among the Romans where Vertue being esteem'd the highest Dignity became invested with adherence of the nighest Relation on the immediate extinction of a Famil … â—ut to support their Name How farr the Agreement should extend to form the Instiution regular may probably frame an Argument material in Discussion Besides the Principles both Pater Patria are concerned in the Agitation nor can either justly be excluded in consent to the Transaction The Parenty in respect a Member thus becomes desected from the Family The Civil Society in regard no alteration of Order in so Essential a Distinction can justly be admitted in the Civil Frame without a publique Act so that we may hereby conclude the Inherence to his Property must pass under the Title of Donation Whither the Paternal Inherencies as Lands Goods Honours c. may justly be transferred with the Person to another Family is a Subject materially considerable and may possibly without opposition pass in the Negative insomuch as the common Affluence tending to support but one peculiar Stock becomes enfeebled when diverted to the enlargement of another 3. Servants in Reference to their Use and Nature have a vast extent in their Distinction as Bond-servants and Free-servants Domestiques and Retainers Fealists and Facultists Bond-servants are distinguished in the Perpetuity of their Servitude terminating only with their Owners special Grace in a publique Enfranchisement or by the Common Law of Nature Of These there are sundry sorts of Acquisition The Primitive and most Antick was questionless the chance of War which inevitable Thraldom to the vanquished was probably the highest and the justest Motive to a generous opposiition The hope of future enlargement tending but to unnerve the Resolution But Man contracting still corruption with the Time formed hereto another species of Acquisition the victor not contented with the use and Glory of These living Trophies to his valour made them the Subject of his Avarice in a sordid Traffique 3. To These two kinds of Acquisition succeeds a Third not altogether properly so term'd in respect it seems framed on a voluntary Concession where the Bondman attaining by publique Ordinance the privilege of Enfranchisement prefers his Bondage 'fore his Liberty not accepting the Permission whereon the Master nailing his Ear to the Post of the House became entitled to his use for ever Yet may this probably be judged an Acquisition of Benignity which in his former Bondage had so engratiated the servant he could not hope to improve in future his Condition 4. From these Distinctions of Acquisition may possibly proceed a Fo … more just and absolute then all the other when in a lawful â—â—opagation they are multipli'd where the enthralled Infant receiving his Elevement in the Family by his Masters care more sensibly accepts him for his Father of such were form'd the good old Patriarchs Families Whether the Authority of the Lord over his Bondman justly might extend to Life and Death is an Argument may properly be here reflection The practice of most Common-wealths in which this sort of servitude was formerly in use affirms it regular To which the sacred Letter not much dissents prescribing to the term of an accidental Dispensation but the extent of three days from the Fact unto his expiration rather as a Restraint to Inhumanity then a rule of Equity as appears by the sequel for he was his Money which seems to acquit him from a voluntary Act in reference to his own Interest The weight of This Proposition chiefly depends upon the Bondmans adherence to the Civil frame to which admitting him a Member he justly then may claim a priviledge of security from the Civil Rule if not admitted such he must at least be yet allow'd to be a Civil Property inherent to the Publique benefit which no way can be wilfully destroy'd without a common prejudice so that if the Fact prove not a criminel Delinquence it of necessity must be adjudged a publique Trespass which conclusion also will meet a farther impropriety in Rule since every Bondmans life extinguished by any hand can onely pass the censure of his Price nor falls it equaly within a Civil Reparation if the Agent be of equal incapacity so that such a Liberty may possibly extend to a preposterous disorder in the publique Peace To take away the cruelty of the Masters redounding often to the publick prejudice Antonius commanded they should be sold to others not barbarously Treated by their Owners Bodin concludes our Customary forms of Apprentisage under this Distinction though but improperly in Respect there is herein a voluntary and conditional Ingress and Egress of Contract All which Parts of progression are utterly inconsistent with the proper Nature of a Bondage Free Servants are by voluntary and mutual Contract under the subjection only of a Temporary Servitude and may such properly be qualified from the voluntary Initiation of This Servitude which limited by prescription of a Covenant renders to them a voluntary capacity of enlargement of which there are divers kindes either in Reference to their Tearm of Servitude as Septannual Annual Mensal or Journal or in Respect of their Abode as Domesticks or Retainers These sort of Servants in their simple Nature without a Reference to peculiar Covenant are properly inherent only to the title of an Acquisition In Respect the agreement is usually raised only on a personal adherence which Ceasing by decease of either Party the efficacy of the Contract must of necessity be void though custom possibly may lend It other priviledge Fealists are such who by the Tenor of a real Possession owe personal Service or Vassalage to the peculiar Lord and might not altogether improperly be reduced to the Distinction of a Bondage A Species of Assubjection not without due consideration dissected from our Civil Sufferance by publick Ordinance Insomuch as It hath heretofore been found a visible fomenter to our Civil Brons and hath now only lest a shadow Thereof in our Court Suits and Services These sort of Dependents fall under a Capacity of every Title to a Civil Property whether Acquisitive Donative or Successive being usually inherent to the possession of the Royalty Facultists have their subjection formed voluntary by a mutual Contract in Reference only to the Civil Function under Limitation of a tearm exprest which being expir'd they legally may challenge their Infranchisement to the publick Profession of their Art and may properly be comprised under the Distinction of Free Servants Freedom preceeding the Election and Freedom succeeding the Intention as the Object of their Servitude In the common usage of this inherent Custom hath form'd an Impropriety not equitably allowable That any one not yet by Civil Rule admitted to the Capacity of Fruition of his own Property should be permitted to dispose of his own Person 'T is true the Parents frequently are supervisors to the Contract but yet therein no real Agitators nor yet where their assent is not so evident doth
any Civil Rule afford a priviledge to the Retraction of the Coveâ—ant 4. Offices in Reference to a Civil Property are formed only to the Publick use Nor can plausibly be either admitted Acquisitive or Successive Not Acquisitive insomuch as such an Introduction doth figure a pretence unto unequal purposes and lends a colour to the corrupt execution of his Trust Lucre being the common object of a venal Commerce farthermore so improper a Reception detracteth from the Worth and Dignity of the Minister who should lend weight and Grace to the prescription of his Charge under the license also of such custom improper Agents are admitted to the managing of Important Agitations not leaving the Institutor a priviledge of Election while worth and vertue not stooping to so abject a procedure become excluded the Capacity of a Civil Negotiation Their proper and peculiar Sphere to lend true Lustre to their Nature Such Imployments therefore might more happily be reserved to the Immediate Dispensation of a Prince or People to recompence and dignifie approved Vertue in a plausible Distinction and gratifie especial Services without exhausting of the common Treasury Whether this Mercinary Commerce fall under the practice of a Prince his more peculiar or more general Ministers The Inconvenients not differ much in Nature only the Improvement of a Princes Treasure though with impeachment to his Honour may to a vulgar Inspection seem possibly to conduce more to the Publick Benefit Yet the material Influence of either well distinguished in Reference to the Publick Good The Dignity Vertue and Benignity of a Prince clearly o're ballanceth such sordid Consequents Not Successive For then the Impropriety of the Agent to the Action were irrepairable and the Civil Frame must sometime of necessity sinck under the Insufficience or Corruption of engrafted Ministers Farthermore the progression of Vertue to a Civil use would utterly be obstructed were the transactions of her Ministry only inherent to the Natural Order And the Influence of a Princes Grace not materially communicable the Subject should dispence the same removed from his proper Act. Lands and Houses have one and the same Distinction in Possession being either Real or Personal And though the Latter Inherence may seem to issue from the Former yet without doubt the Latter had first the preheminence in use as appears in the primitive and unstable abode of our Fore-fathers before the Sword had yet establisht a distinct property which in process of time having reduced many Families of nighest Alliance to one Civil Subjection assumed according to the Capacity of their Powers such a Proportion of the earth as might preserve their lives with Pleasure and Tranquility And to avoid the Incursion of their Borderers erected such Receipts for their Assemblies as might make Opposition to Invasion In which that every one might equally be concern'd their precincts to each Owner was prescribâ—d by common Divident under the Tenor of the Institution to whose Jurisdiction they became subordinate by a mutual Interest So that we may conclude the Tenor of each Real Possession is primitively inherent to the Prince or State presideth the Society under the form of a Donation with such Reserves of Interest therein as might support the Investure of such Dignity In Reference to such Consequence might probably become instituted the first Title of Inherency as Feofs en taile where the nighest male succeeds to the Possession Subsequent to Feofs en taile are Feofs simple where the Real Possession descendeth to the Heirs General under which Title Custom admitteth the Primogenitor also to succeed to the Succession resting only this Difference betwixt This and the former Title of Inherence that herein the Possessor hath a capacity to dispose of his Possession in present or future where and how he pleaseth in the Former neither being but Tenant for Life and the next Male lineally descended must though against his liking become invested in the Right of his Succession Another Title of Inherence to a Real Possession is Feof en Farme A Title usually issuing from the Concession of a Prince where the Possession is transacted to a lineal Adherence under the Reservation of a certain Rent These Titles of Inherence have also Reference to certain Tenors and are either held in Capite Soccage Knight-Service c. But why such Distinction of Tenors should remain where the personal Engagements are dissolved may prove an Argument to a farther Inquisition besides these general Tenors there are also with us customary or particular Tenors as Cavil kinde where every Party equal in Proximity is admitted to an equal partage in the possession borrow English where the youngest only Personal Possessions are such as by mutual Contract of Parties are consigned under certain Covenants and for certain tearm either by Copy or Lease though the former Title may seem under customary Priviledge to challenge a succession of Right Yet since the Condition of the Copy bearing a Personal Prescription and falling under a Capacity of Retraction may become void and divided from the Right of a Succession without any voluntary Act or Surrender it properly may fall under this Distinction Every Real Possession being originally derived from the Civil Institutor whether his Investure therein were constituted by Agreement or the Sword Under the Title of Donation extended to a special or a general Succession ought equitably to be serv'd by Civil Ordinance in such adherence to a perpetuity Such was the Constitution of the Judaick Possessions in their primitive Dividents which could not be alienated from the Family or Succession but till the ensuing Jubile nor so passed from the next Successor unless he had refused to accept the Sale A plausible Institution to preserve agreeing Simitry in each Part of the Civil Structure lend bounds to insatiate Avarice and succor to the Indigent The Latter part of the Institution remaineth still in Force under the Texture of the Civil Law The nighest in Relation under Prescription of time retaining a Capacity of Redemption But the Corruption of Humane Nature still findes evasion to frustrate the Intent of any Ordinance establisht to the publick Benefit usually disguising the Nature of the Sail under the colour of exchange though the pretence be never so unequally designed That it may justly in this as in many others become a wonder to a rational Inspection Why Civil Societies so exactly consult and so long deliberate on the Establishment of Their Decrees yet suffer the Intent thereof to become violated mock't and cheated by adulterate Practises No Title can truly impower the owner to pass the Possession of a Real Estate equitably by Donation or Deed but that of Acquisition unless the Possession issue from a simple Donation without reference to Succession which then according to the Letter must terminate in his to whom it is Transacted In which case if feasable a Donation might fall under the Nature of an Acquisition In all other Respects the successors have a just Title of Inherence to the
possession and can no way be alienated without Injury till the succession fail The Industry of the Predecessors having equally for Object the common Interest of the Family A Real Acquisition is a Priviledge inherent only to the Natives Aliens being generally excluded from the Capacity of a Real Possession under what Title soever lest the substance Inherent to a Civil Society should be transferred to a forreign use Real Acquisitions are not without Reason limited in some Societies by Civil Ordinance especially falling under usage of a Commulty where the possession finding no Issue by succession might possibly in process of time swell to so unequal a proportion as might not be consistant with the Publick Interest To form the Acquisition legal the Civil Law exacts the consideration be in a certain measure valuable else becomes void in the Transaction Real Possessions admitted general in Succession are properly not subject to a Distinction in Sex Chattels or Moveables hold a vast extent in the Definition of their Nature which may nevertheless be reduced to one Species under the Distinction of Money the Common Receptacle to all the Rest In this Property we justly may become intitled from any hand by way of Donation since no inherence can be constituted on so moveable and uncertain a Commodity though Nature seem to claim the first Direction and her order thereto the Progression yet being the fruit of Industry or Parcimony the Possessor denying himself the use thereof may justly be allowed his Inclination in the Fruition of another how remote soever But the most plausible Title to the Possession of this Property is a just and regular Acquisition The first and least subject to Corruption is the Manual next the Official last the Venal Of the Venal the forreign Of the Official the voluntary Of the Manual the most necessary from which principles issue all the Branches of a Civil Commerce This Property also falls sometime under the Title of Succession when the Possessor dyes Intestate But why the right of Administration should be so constituted in one Principle by the Civil Law contrary to her proper Order as to exclude others equal in Descent from equal Divident may become a Caution not unworthy a Publick Reflection though the error seems cast on the untimely Advertisement of the pretenders Or why as some affirm the Female Line should be preferr'd before the Masculine without Infringement to the Civil Order The procedure admitting of no other Rule then what might blemish her own Institution inclining rather to the certainty of Nature then the Authority of her own Prescription XXXIX The security of our Civil Property THE security of our Civil Property without Contradiction consisteth totally under the Tuition of the Law But such is the frailty of our Condition that we pervert the very Nature and Intention of all things that fall under our depraved usage whether Civil Natural or Divine though never so happily constituted to our Benefit A more visible Proof whereof cannot be instanced then what we may extract from the Constitution and Issue of all humane Laws though never so exactly constituted being ordained for the Peace and Preservation of the whole Frame of Civil Union are universally the highest fomenter of Division and the most destructive Burden that any way imaginable can happen to It insomuch as all other Calamities and Inconvenients of what kinde soever have their peculiar Seasons Relaxes and Intermissions But this inevitable poison under the colour of a common Aliment is distributed ev'n to the smallest Vessels of the Civil Structure It will therefore be very material more successfully to approach the general Nature of the Object of our Treatise to search into the ground of so unhappy a Consequence which probably may be disclosed in the Reflection of these Particulars 1. The mutual Disaffection of the People 2. The Dammage that attends on the Issue and Pursuit of a Civil Decision Though possibly might hereto be inferr'd divers other more immediate Circumstances which frequently pervert the Institution of the Law as 1. The Improper Constitution of Courts of Judicature 2. Their Error in Practice 3. The Corruption of their Practitioners 4. The Impropriety of the Law Yet nevertheless since the two former causes removed will inevitably frustrate all Inconvenience might arise from any such Disorder we only will insist on their Discussion 1. The mutual Disaffection of the People without Question lendeth the first Combustable Matter to a Civil Dissention and may properly be tearmed the Tinder of Debate which catching fire on every slight Emotion prompts the heady will to snatch at every slight occasion that may Minister to the Distemper and to justifie the Resentment though never so irregular and warrant the satisfaction though never so destructive most fly unto the Law which both in the Procedure and Issue leaving fresh Matter to more violent Debates instead of apeaceable Decision multiply an impetuous Division On which inevitable Consequence of humane Infirmity the exactest Legislators maturely reflecting have endeavour'd to erect the structure of their Civil Society chiefly on the Baiz of a mutual Unity Concinity and Agreement of the Parts thereof utterly removing all Obstacles might therein visibly obstruct their happy enterprise and imploying all the Ayds imaginable might either through Use or Advantage Form in them the perfect'st Habit of Affection more strictly regarding in their Transactions the Rights of Amity then of Justice as may in Reference to the first part of the Assertion appear in Licurgus Taking away the use of Money from among tho Lacedemonians Numas equal Division of the Lands Inherent to the Jurisdiction among the Romans In proof of the sequel aforesaid may be instanced The strict * Laced Association of their Communities Every one if able was enjoyned under Penalty to repair unto the publick Intercourse of their Associates for their refection under this Limitation that on those dayes design'd for Hunting his Absence was permitted conditionally The whole Society might participate with him of the success of his Industry the Residue was licenc't to his private usage and his Families According to this Rule was form'd the Association of the Esseans a Sect among the Jews whose happy condition did far transcend the Pharisee or Sadduce Insomuch as under their inherence none fail'd of his security depending wholly on the mutual succor of the whole Society whose joynt Interest was engaged both to the timely and the due support of every Member of their Civil Frame In relation to this Model were reduced the Centuries into Maniples and Chambriers In the Military Order among the Romans by so nigh an Association to linck them in a stricter Union for their mutual Succor and Defence and for encouragement to this their Coligation to institute a publick Triumph to him in Particular that had secured his Associate from the Enemy Nor is the cautious Distinction of their Tribes among the Jews so nicely passed on Record established on any other Purpose or Intention
Benefit of Children who commonly have most need thereof in that their present advantage is not only suspended but the trust also many times so oft removed e're they attain a due Capacity to exact it that either the Inherents to the trust fail or the trust it self falleth to the Ground wanting either real or equitable Grounds yet farther to produce it which defect scarcely will be exactly rectified but under the tuition of a Publick Court constituted only for the safeguard of such Persons as properly fall under a Civil Incapacity A trust exacted to a Publick use seldom or never reacheth the Intention of the trustor in that the Election is not sufficiently separated from the Interest of the trustees who exercising their trust as if only establisht for the Advantage of their own Relations mutually assent to the Remonstrance or Intercession of one another in favour of Particulars whereas every Member of the Common-wealth under the Capacity of the trust ought to have an equal Priviledge in the Benefit thereof And having without just exception attested his Capacity in Presentation should by equal Lot be cast into a visible and orderly Reception with the rest from thence to be extracted by an impartial hand Farthermore in such partial Elections all Abuses and Breaches of trust whatsoever become utterly smothered by taking away the freedom of Impeachment from those are soly interessed in the trust in a servile Adherence to the patronage of the trustees To conclude our Discussion of the Nature of our Subject we may pertinently here insert one General Exception against all the former Branches of a trust That none of them be passed under such a form oblickly constituted for collateral and implicit uses not exprest in the trust which Procedure may justly be excluded the Suffrage of a Civil Jurisdiction being the common shrouds to the most specious and Considerable Frauds in Practice As to those Forms of trust passed on Contracts of Marriage they seem improperly constituted in the Hands of a Particular or Particulars of how nigh Relation soever in that every small Occurrent tending to the inconvenience but of some concern'd therein have commonly sufficient Influence to o'rethrow the trust unto the Prejudice of the Rest not of Capacity to yield to the Transaction so that necessity will lend us a Direction to fly to publick safeguard for Redress where such Acts becoming totally irrevocable they may infallibly attain the proper use to which they were directed Under which Notion may likewise he comprised Guardiant trusts either Testamentary Successive or Elective which having for Object only the Benefit of such as are not under a capacity to act either judiciously or freely for their own Advantages in respect of their Civil Incapacity or else the strict subordinacy to a nigh Relation Their Interests in reference to many Inconvenients may thereon ensue might more successfully be managed under the publick Tutelage Having thus far generally discussed on the Nature of our Subject we will proceed to agitate on the use thereof in some Particulars in the Introduction whereof we incounter some difficulty both in Reference to our Order and Importance in our matter which is whether the Natural or Civil Relation ought first to be admitted to a Precedency in trust The Question may at the first Inspection appear of little Ambiguity and as little moment one only exception but reserv'd insomuch as we have formerly inserted that the Civil Frame is only form'd from the connexion and concinety of the Natural yet when the Dissolution of the Former may be threatned in the Preservation of the Latter We must affirm it much juster that one criminel perish in the Infringement of a natural Law then that many innocents should be destroyed by the dispensation of a Civil Ordinance As in matter of Treason where in every Act of unviolated trust the Trustee becomes an Accessary to the Treason In which Respect the Transaction falling between the Father and the Son the Son may probably claim Advantage from the same Law of Nature to warrant his Discovery as the Father might exact to enjoyn Concealment Quisque sibi Proximus Yet the Romans held such Primitive Inherencies in so great Reverence that they dispenced with all Civil Tyes in favour of their Rights A Slave might without Impeachment conceal his detected Master much rather a Wife a Childe might be admitted to such a Priviledge though the case possibly may require a more exact Distinction since after detection the Attempt falls under a Capacity of Prevention And the concealment then tends but to the safeguard of the Delinquent not to the Promoting the Delinquence From whence we may conclude that such Relations may without Impeachment be licenc't the Protection of the Criminel provided It reach not a participation of the Crime which exception in allegiance interjected we may without farther scruple accept the Wife to the first and highest degree of trust since on her Faith we cast the Model of our Oeconomy for the enlargement of our Fortunes and in the Affiance of her Fidelity we transfer them to our Succession In Reference to these two Objects of a Civil Union though perhaps unequally Ballanced the severest Societies of a Civil Jurisdiction have passed the Infringement of her trust under a Criminel Sentence specified in the Interdiction of these Principles Adultery Suborning a Childe Drinking Wine Counterfeiting Kayes The three first take issue from one and the same Intention which is the security of our own succession in a lawful Propagation the two first really in regard of the Action The third but conjectually in regard of scandalous Intention The last particular reflecteth only on the safeguard of the Civil Property which in such Infringement of trust manifestly tending to a fraudulent subversion the Civil Judicature conceiving them to hold one and the same Consequence in the Intent lent them but one and the same weight in the Punishment yet with this Limitation that the execution should pass under the Authority only of the Principal The Civil Jurisdiction in all Ages seeming very scrupulous to intervene in the Decision of Differences between Parties so intirely united that should in Reason but enjoy one common Interest so that if any such permission in a Domestick Transaction were derived from the Civil Authority which might in Reference to the Offence seem too severe It might be concluded that the Trespass was not only obvious but of a very high Nature that should enforce a man so to divide Himself ev'n from Himself where the very sense of Nature was sufficiently effectual to leniate the most rigorous Austerity In reference to which Conclusion possibly Moses Civil Institution forbore to judge the weight of a Filial Disobedience to lend it a Criminel Infliction but commanded that the Offender should be brought forth by the hand of his Parent whose Bowels would ev'n in the first Intention have relented in a natural Endearment so to expose their own Flesh and Blood to the Fury of
repugnant to the peculiar Interest of the trustors The trustee led by Integrity and Judgement may without blemish promote the matter tending more universally to the Advantage of the Civil Frame since the whole Convention consisting of many trustees can properly form but one Body of trust whose object is not the welfare only of some peculiar parts but of the whole Structure Neither is the trust transigned to the trustee by the People other then a Collateral trust whose original resideth in the Supream Authority to whose Councel they are summon'd to consult on the welfare of the whole Frame So that the Infringement of trust must properly be derived Either from the Peculiar Exercise of their Office or the General Object of their use inherent to the Principal trustor and diffus'd from thence to the Collaterals The Office is soly posited in Council not in Rule to Consult not to Determine to Remonstrate not to Conclude to Apply not to Exact to Present not to Enact All such Improprieties in the Publick Transaction of the trustee may properly extend to the infringement of the Publick trust if singularly not cleared in a Publick Attestation The General Object of their use is in one common Agreement the Publick Good but that Good sometimes not rightly distinguished wanting a due coherence with the Principle whereas rightly understood the Interests of the Prince have so nigh a Reference with those of the people that they are properly but termini Convertibiles The Benefit of the Prince being the Advantage of the People and the Advantage of the People being the Benefit of the Prince so that of necessity who opposeth the one impaireth the other and consequently falleth into a visible Delinquence of that trust which was imposed on Him in the Transaction The next succeeding Act of special trust is the Justicial or Justiciary which passeth also under a Commissionary Form This Distinction of trust hath apparently a material Influence in a Civil welfare and seems but too abstrusely limited in the capacity of the Principle where so many Substitutes necessarily depend on the Transaction unless we might conclude them liable to all Miscarriages as visible Defaults in their Election Suffrage or Incircumspection too heavy a Burden for him to undergo is only called to the simple Exposition of the Letter and the Regularity of the Court. Yet nevertheless since every material infringement of trust must be enlightned by the intention of the will not distinguishable but in an equal Remonstrance clearly preceding to exact the Remedy either in Opposition Difficulty or Defect to our Addresses may render the said Principal impeachable in his trust Private trust extending to a Publick use holds only Application to a Civil Commerce although ready money or other visible Commodities may possibly pass in exchange between the Agitators yet insomuch as there must be in equity an ultimate rate to every Commodity which extended either by inessential or adulterate Glosses serious Attestations or any other Manner of Circumvention on the Ignorance Insufficiency or Credit of another beyond the extrinsick value is an actual Fraud tending to the subversion of that General trust should dignifie and support a Civil welfare in which Respect the most competent Judge lent the ejected traders no other Distinction then Thieves as Solomon had formerly noted their Incapacity to retain their Integrity This inconvenience hath taken Root in most Civil Societies either through a Licentious tolleration or a Difficulty in Regulation Pretences of Improvement and Encouragement of Trade probably ushering an Indulgence to the Former while Lux and Neglect lent Obstruction to the Latter every one no farther weighing a General Interest but in resentment of his own particular So that the whole Method of a Civil Commerce becomes but one general intercourse of Pippery But it may here possibly be objected that this Disorder may sooner fall under every Mans Observation then any Mans Regulation In Reply we will only return a Pattern from some Particulars as the common Materials to our Livelihood which under sundry Civil Societies have their publick known and limited Imposition of Rates rising and falling as their depending Exigents require From which method we may collect a Paralel to a more General usage For Closure of our Argument as an equilibrate to this Civil Trespass in General we may cast into the Ballance a due Estimate of the essential Dammage in Relation to the Fact which reaching not a due Reparation to the Offence in a meer impulsive Restitution being but a bare Consequent to the Casual Discovery we must yet exact a weightier Imposition to lend the Crime an equal compensation contracted from the more potential Issue in Reference to the Intent where the concealment meets an equal Consequence in the Adventure It may otherwayes be figured a Game but at half Stakes where the Winner draws nothing but his own and the Loser hazzards nothing but Aire in the Impeachment of his Fame as the due Penalty only to the Infringement of a Publick Institution which might justly extend to a Civil Incapacity Neither is the infringement of a Private trust alwayes contained under the Latitude of a Civil Trespass where the â—ransaction hath a collateral Adherence to a Publick Interest as may clearly be distinguished in the Delinquence of false Moneyres and Diminutors of the true whose trespass hath not only Reference to the private Dammage of the Receiver but reacheth the subversion of a publick trust transigned under warrant of the publick Dignity whose Majesty becomes directly blemished in the Transaction So that in the general Constitution of every several Jurisdiction the Offence may justly reach a Capital Delinquence Of equal weight and far more justly in Respect of the Consequence may hereto be annexed Acts of Justicial Perjury from whence a Dammage not only is contracted to particulars but Justice it self thereby becomes Impeachable raising her Fabrick on a corrupt Foundation unto whose Evidence she had resign'd her full Authority A matter of the highest trust where Goods Fame Liberty and Life become subverted in a treacherous Procedure In reference to which Trespass the Sacred Letter according to the Potential and Intentional Consequence of the Matter layes an authentick Reparation in an equal Prescription Then shall you do unto him as he would have done unto his Brother Some other Acts of Private trust may also here be instanced which in their simple Nature hold not so strict a Reference with the Publick Interest though according to the Matter they do work upon may sometime possibly with the Former hold an equal Paralel as Acts of Forgery which according to vulgar usage strictly taken is Aliquid Manâ—s Artificio falsi vero Insinuare whether the quality of this Fact may reach a higher nature then a Civil Trespass is not clearly yet determinable Most Laws seem in the Nature of their Penalty which tending but to Infamy yet leave the Trespassor still Subject to a Civil Reparation though usually the Practicers are in
a condition not capable of either The Constitution of the Trespass yet more nighly visited we properly may lend the Fact a higher consequence not only in that such vilde Transactions pass usually under the Authority of such Publick Forms should guide us to a true Distinction in every thing transacted but also in regard the Infringement of a Private trust becometh Introduced by assuming something proper to another not intrusting as their own wherein although the Party not intrusting seems to lose nothing really yet in Respect it possibly may engage his Honour Goods and Person in the Transaction not meeting an exact Discovery It may be farther justly censur'd as an actual Felony whereby the Penalty may duly be extended to every Person concerned in the Offence Infamy and Civil Incapacity in Reference of the Indignity to the Civil Jurisdiction A Civil Reparation in Relation to the Interest of the Trustee and a Penal Infliction in Respect of the Dammage ensuing to the Party or Parties not Intrusting As to Acts of Forgery if we may properly so call them which tend but to adulterate corrupt or otherwayes Sophisticate any common vendable Commodity they may justly be remitted to the Distinction of a Breach of Publick trust visibly tending to the subversion of a common Traffique To this Distinction of private trust may also possibly be reduced such Transactions as pass between parties under the common Notion of another whom they but falsly Personate XLI Of Violence HAving formerly searched into the Nature of this Principle in Reference to the Security of the Natural Union we will here Reflectt on It in Relation only to the Security of the Civil Property wherein we may first generally observe that no Civil Trespass whatever more highly infringeth the order of a Civil Society then Violence however figured being as it were a private Insurrection against the Civil Power In which regard 't is probable our Laws do interdict that any one in such a Procedure should become reinvested in his Property though visibly never so injuriously detain'd And on this Consideration only have possibly formed the severity of their Penal Statutes against Acts of Felony which seldom are specifically committed but under some degree of Violence though frequently the enterprise may finde no Opposition for whether such Goods assumed were under safeguard of House Pail Wall or Ditch or other Enclosure yet nevertheless the indirect Ingression or Extersion manifest in the Act is without other Circumstance a perfect Violence whether Manable Goods and unguarded in Waste or Common may properly fall under such Distinction is not so clearly evident unless they have a proper Signature or Brand peculiar to the Bounds of such a Priviledge besides that of the owner Otherwise passing but under Notion of a Common Stray the Fact may sometime want Distinction shadowed with Mistake As to Goods Immaniable or Wilde to which no one can properly lay a just claim of Right but as coincidents to the Prescription of their own Possessions The matter of their taking though within compass of their proper Bounds can questionless extend but to a Civil Trespass unless in opposition of their Keeper if forth their Limits taken they justly pay the Forfeit of their Dammage What other Circumstance in Particular with Reference to Place Matter Motive Manner or Measure may either aggravate or lenefie the Matter or Nature of the Offence we farther will endeavour to discover The Place can lend no other weight to the offence then what may thereto be appropriated in Reference to the person damnified which not extending any farther Detriment then barely the privation of his Goods may yet be weighed in a higher Consequence either taken violently from his Person wheresoever encountered or from his House the place of his security Insomuch as Nature prompting every one to a defence either in Opposition or Persuit both equally adventur'd by the Injured with hazzard of his life may equally be ballanced with the Forfeiture of his shall wrongfully attempt the Issue The Quality of the materials may sometime amplifie the Nature of the Offence as Goods consecrated to a holy use where the Malefactor not only makes an hostile Incursion upon Civil Rights but in contempt of his Creator's Ordinance yet farther seems to violate and cast off the Rites of his Exterior Worship should binde us in one common Union by his impious Sacriledge The Motive may sometime not only vary the measure of the Crime but also change the nature of the Fact when every Circumstance therein shall tend but to support the present urgency of Nature it being but a Reproach unto a Civil Society to qualifie that with the Distinction of anothers Trespass was properly their own either in Remisness of their Circumspection or of Relief unto an useless or languishing Member of their Frame The Manner also frequently may leniate the Nature of the offence where the negligence of the safeguard may Minister occasion to the attempters practise and instigate a facile Inclination to a Design not formed in his purpose In which Respect perhaps our Laws reflect on the depriving of our Goods by slight when under personal Tuition with no more severity then a petty Larcin The measure or value of the Trespass can lend us but a doubtful Inspection into the weight thereof to moderate or aggravate the Nature of the Attempt For as a small matter may sometime prove an evidence to a high necessity or Indigence so may It often be an Argument of an habitual inclination to a vitious Custome which may yet probably be further distinguished in the frequency of the Fact Having thus enlightned the Nature of our Subject in general with some material Circumstances therein We will insist to agitate thereon with more peculiar Reference to the Civil Property Every Personal violence tending to Alienation under what Relation soever Wife Child Servant or Principle is without doubt a Criminel Trespass not only in that a private Person is thereby usually reduced into Bondage and the whole Family suffer under the calamity of the Outrage But the Civil Society becomes thereby dismember'd of a Branch belonging to their Common union in an hostile Insurrection against the Publique Peace In which respect alone 't is probable the Crime should meet so high a penalty wherein as in other Criminel Trespasses the Dignity of the Civil Judicature would yet become more illustrated in the Reflection also of the Interest of Collaterals therein damnified A Personal Violence to Wife Child or Servant without an Alienation may sometime fall under the distinction of a Criminel Trespass as in matter of Rape where not only the Civil but the Natural Order becomes barbarously perverted The House may also suffer actual violence as in Acts of Burglary which Outrage is justly censured as a Criminel Trespass without any regard to the Materials or strength of the structure Insomuch as ev'ry mans Habitation is to the safeguard of his Goods and Person a fortress of Defence The Sacred
The Sacred Letter intimates a Trespass in Reference to our present Subject not so exactly visited under the Constitution of most Laws on casual Mischances which in Disorders of others happen to women with Childe to the Destruction of their Fruit where the Punishment was at discretion of the Husband and the Fine under Censure of the Judge Whether in the voluntary separation of the Wife from her Husband the Suggestors and Coadjutors become liable to a Civil Trespass may possibly sometime meet Exception where the fury of the Husband is so violently pursu'd That the safety of her Person is visibly endangered and that the manner thereof be no farther protracted then the Civil Magistrate may be truly informed of the Disorder Insomuch as every Member of the Civil Union is on every occasion obliged to become assistant to the Publick Peace but where the Opposition is continued without Remonstrance or Allowance of the Civil Rule the Procedure is Civilly Impeachable under what Relation soever it be shadowed All other Trespasses extending to the Infringement of the Civil Order are only common to the Wife with other Persons of the Civil Frame however Qualified Nor can the Dignity of a Family be intirely preserved in the safeguard of the Conjugal Reputation were the Constitution of the Law herein never so exactly constituted where the translation is not supported in a Regular adherence to the succession In which Respect we must here Reflect upon such Trespasses as have a Reference to the Interest of the Father under the Relation of a Childe who frequently are seduced to their Infamy and Ruine and the irrepairable Discomfort of the Parents And although the mutual Agreement of the Parties herein transacting may seem to take away the Nature of the Trespass transacted in Reference to the Interest of the Principle peculiarly herein concern'd Volenti non fit injuria Yet in Regard the Inclination of the Seduc'd is usually too fraudulently acquir'd to lend the Procedure such a Priviledge where solemn vows and Imprecations are the preface to pretended Contracts which wanting other Evidence then the Interessed the Infirmity of the credulous is betray'd to common Infamy on which Credible Suppositions the Civil Law erecteth a positive Institution exacting for Reparation to the Abuse a competent Dow'r to the deluded party And in reference to the Parents Interest depending on the Consequence The will of the Childe being according to the Rights of Nature on which the Civil is erected but subordinate to the Parents Direction Were the Fact first qualified with all due rights of Honour not reaching a Paternal Priviledge The Attempt in reference only to his Dammage falls under a Criminel Infliction the weight of which Prescription seems implicitly enfolded in the Sacred Letter where the Trespassor was not only enjoyn'd to Marry the Seduced but to give the Father also Satisfaction for the Trespass Insomuch as the Father may probably pursue other Advantages in the Alliance of his Childe for the Honour Support and Advancement of his Family then visibly is distinguishable Besides the Comfort and Delight might Issue from the satisfaction of his proper Choice in an agreeable Succession whereas other sirrupticious Proceedings tending to sinister Purposes prove frequently the destruction of the Childe and a lasting grievance to the Family Servants hold usually their Adherence to their Masters Interest under a special Contract and can without their License not equitably be sequestred from their personal Devoyr under the Authority of what Relation soever except the Publick in which all private Interests but collaterally involv'd may possibly receed to such Injunction Yet to preserve the Dignity of the use it were material that it should legally be exacted but as the latest Remedy unto the highest Exigents in favour of the Civil Commerce the chiefest Column that supports a Civil Union Such Sequestration may also be considered as voluntary or Impulsive If the Act proceed from the mutual concurrence of the Servants will with any others shall retain him from his Masters use Both parties may therein joyntly or severally become Trespassors Nor is it yet improbable but that a Servant oftentimes may be suspended or Restrained from his Masters use Impulsively where others violence shall either Intercept his Industry or actually disable him from his Imployment in which the Reparation justly may exact a double Penalty in Reference to the Interest of the Principal and the Collateral as also to the satisfaction of such Breaches may ensue thereon unto the Common Peace Whether the Master in Correction of his Servant disabling him from present use become liable to a Trespass in Reference to his suffering is not exacly obvious in that the Servants Industry is but the Masters Benefit Yet nevertheless the Sacred Letter seems to imply a compensation to his prejudice Equivolent to his Service extending to Privation of a Part though inconsiderable perhaps but to restrain the fury of the incensed in Authority by his proper Interest But where such disability inflicted shall extend the tearm of Servitude the Trespass is indubitable On what ground the Female Servant is enfranchis'd from her Contract on Transaction of her Nuptials under the favour of some Laws is a difficulty not easie to unfold If the Priviledge be authoris'd from the Publique Benefit may probably ensue the change of her Condition in the advantage of a useful Succession the consequence can take no weight from the distinction of her Sex In that the Male excluded from the grant of such a Priviledge is equally endued with the same capacity so that the Procedure must be admitted totally inscrutable or partially inequitable Under the distinction of Office may properly be imply'd the Nature of our Civil Faculty or Function which either Publique or Private is sundry ways impeachable in a common Prejudice The highest and most visible subvertors of our Interest in this Property are such Disparagements or Imputations as may infringe our credit in the Ability or Integrity of our Civil Faculty on which especially depend our Livelihood Nor can peculiar Interests be herein secur'd without the Circumspection be assign'd by Civil Ordinance to such Principles may regulate the Order of their Faculty Admitting secluding or suspending from their Practises as the Capacity or Comportment of the Pretenders or Associates may usefully exact lest promiscuous Intrusion might vilifie corrupt or otherwise impeach the Intercouse of Commerce of which Nature unpractised Novitiates may be instanced who not attaining the perfection of their Faculty Infringe the Dignity and use thereof should render it to advantage more communicable In which obstruction also to the common Benefit may also be annexed Foreigners who with adulterate Glosses new Appearances and strange Varieties possess the vulgar incompotent to judge in credit with their loud sufficiency that the most skilful in their Faculty become totally declin'd in their approved Ministry And the whole Society discouraged in their undertaking not only to the Private but the Publique Prejudice All the succeeding
the Detrement either in their sudden Destruction of Chattle surprised in the Overflow The loss of the Crop or perversion of the true Nature of the Soil rendring it less proper for encrease by chilling of the Earth or else unapt deceitful or unsound for Graysing Nor can the Air be thereby free from some corruption becoming often less Salubrious to the Borderers To avoid the Inconvenients Damage or Disorder may arise from the irregular course of either Floud falls not within Capacity of Particulars The Aid must be more General to meet a happy Remedy which ought not only to extend to Those in present are concern'd therein but those in future also may be so And since the exigence of the work exacts more diligence then common Rights do usually encounter which always are but too remissly prosecuted The Civil Power must lend Authority and weight thereto by her Prescription To the expulsion of the Maritine Incursions The Industry of our Neighborhood abroad may in their penible persuit lend us a happy Pattern to the undertaking As they to us at home have to their own Advantage and to our Reproach lent us a Proof to the Restriction of the Inland Floods Nor is it only Practice or Necessity have made them happy in the Mistery but their intire Conjunction of their Common Faculties to an assiduous perseverance in the work For whether the Possession be already lost or only yet in danger to become so The Common-wealth is euqally concerned with the Private Owners So that every Purse and Hand as to a common Prejudice ought to be ready to the Enterprize directed to Recover or Secure which finished the Restitution of the Charge might pass on the Account of the Proprietors Particulars are usually not able or not well intentioned to mannage with success the undertaking persueing only their Advantage not the Common good so that the work thereby becoming or Protracted or Imperfect the Charge is oftentimes redoubled e're the exact fruition is attain'd The necessity and perfection of the work is therefore proper only to the due Regulation of the Civil Power It will be requisite Her Substitutes of due capacity to Judge and full Authority to Execute make frequent visitations on such Parts as are already damnified or may be incident to the Casualty whose censure thereof signified to the Proprietors with Legal summons to consult with them thereon The urgency of the work and the extent of the Expence is with Integrity to be duly ballanced with their Capacity to the undertaking which not extending their Ability The work proportionably impos'd may be remitted to their Industry under such Rules of Direction and Limits of time as may be held expedient to the Perfection and Advantage of the Enterprize But where the Faculty of the Owners cannot reach the due Intention of the work the Aid whither of Men Money or Materials may be exacted by a Legal Ordinance from the next Associates extending to such Bounds as may without much Inconvenience to the Adjutants timely and exactly consumate the undertaking which charge with due consideration may be reimburst from the Anual Revenue of the Secured or Recover'd Property in such Proportion as may not much incumber the Proprietors in the Restitution And though the expence of the work may sometime possibly exceed the value of the Land in question yet is the undertaking for such Cause not to be abandoned Not only in that the Common-wealth becomes thereby deprived of a useful part unto Her Common Ministry But in Respect the extent to future Damage may thereby ensue not clearly is distinguishable either in the Expansion of the Flood beyond Her vsual Bounds in the recourse of other Streams not timely find their Issue Or otherwise diverting Them unto a new Erruption on some other Place was free from any such Incursion Nor in Recovery of Possessions Lost at such excessive charge as may extend their value ought Alienation thereof to be made from the Proprietors as an authentique Purchase to the Undertakers But such advantage may in equity be granted Them therein as Time may make a Reparation to the Accident Whereas the work left totally without Prescription to the Owners Rule though ne're so Able Numerous or Unanimous is generally so leasurely and so sparingly persu'd that both their Cost and Industry tend only in Portracting but to multiply their Damage and transfer their misery to others Designes of this Nature require Validity and Diligence to render them successful who herein gripple are of their Expence and Time do but betray their proper Interest XLVI Excess THE Expulsion of this Principle in Reference to the security of our Civil Property may on the first Inspection rather seem a Subject proper to the Regulation of a private Oeconomy then of a Civil Ministry And in the Order of position more proper to improve then to secure our Civil Interest Yet since we through the Infirmity of our Nature are become improper Guides to our affections which frequently so far transport us to the Indulgence of the Sense that no Extravagance can finde a Limit to Her Ministry that under flattery of our own esteem prompt every one unequally to assume unto themselves a higher Eminence in the Civil Order then properly to them belong Envy Vanity and Ambition fomenting still an Emulation in Excess to attract new Homagers to the exhausting of our Civil Faculty in an Impertinent Ridiculous and Profuse Expence We justly may submit to the Prescription of the Civil Rule to lend us more essential Ornaments to our Distinction then what conduce but to Reproach and Ruine in their Improprieties Nor is the Intention of our Order here infringed to reduce our Subject to one use might more effectually pretend unto Another since Both have their Reception under one Capacity Nor This but the Progression to the other How far the Nature of our Subject may extend it self in a clear and Rational Distinction to lend a Rule to this our Agitation may be extracted from the Inference we formerly have inserted in the Discussion of a Civil Existence which is not properly implyed by the bare support of Nature in a Savage manner But in the Allowance unto every Part a Regular and Decent Constitution agreeing to the proper use and true Capacity of each Particular Nor is It our Intention here to weigh the Nature of our Subject as a vitious Habit in our Practises which we have formerly remitted to the Regulation of the Moral Censor But as an Impropriety in the Civil Order destructive to our proper Interests What this Order should require in the Composure and Transaction of each Part to form a Civil Harmony may clearly be collected from the Distinction of the use to which they are design'd Those Ornaments and Investures which are proper to the Head or Hand transferred to the feet but prejudice or Incumber their peculiar Action Nor doth the Impropriety consist alone in Transposition of Dependencies but in the Regular Application of their own
useful and more generous Encounters on urgency of Martial Expeditions Yet where the Burden of the Chase lies only on a single Manager the common Consequents are usually too weighty for a Private undertaker Nor can the Liberty of Parks so generally in use pass without Prejudice to the Publick Interest when as so many and such vast Extents of Land are only but design'd to Pleasure The Priviledge rightly weigh'd seems only proper to a Princes usage And though the Soyl may sometime plead a License in sterillity or in a farther use thereof for Pasturage to Horse or Chattel yet is the Advantage therein but of little Moment in Compensation to the Dammages Nor are these Oftentatious Habits only in their Nature prejudicial to our Civil Faculty but also in a necessity of perseverance not leaving place to the Relucting will to make Retraction from the Error In apprehension to anticipate the evil we in Protraction do but aggravate which Imposition of Engagement too frequently though oftentimes too late becomes resented by unadvis'd Commerciants insisting in their Vanity but to support their Credit In persuit of our Agitation on this Subject order would exact we should imply a course whereby the Civil Power might visibly distinguish or yet exactly rectifie the Consequence of this Distemper In Reference to the Procedure we may infer a due Restriction in the usage of our Civil Property proportion'd to the Nature and Distinction of our Civil Function which passing the Prescription of a decent Rule might bear the Imposition of a Penalty Or otherwise not reaching the Intention of the Ordinance as often is observ'd among Licentious Livers the Interdiction passing generally exception as a Priviledge might be cast only on the Infamous which not prevailing might plausibly ensue Suspensio ab usu Facultatis ex Informatione Proximi Possessioni A Suspension from the usage of our Civil Faculty on Information of the next Inherent to the Property XLVII The Principle Subjects fall under Circumspection of the Civil Power In Reference to the Improvement of our Civil Property HAving thus briefly pursu'd those general Objects whereby our Common Interest distinctly is secur'd under Tuition of the Civil Power Order requires we next assume those Principles whereby our Civil Faculty should likewise be improved under Circumspection of the Civil Rule Insomuch as the perfect Constitution of the Civil Parts can no otherwayes suffer Cessation Remission or Obstruction of encrease without a Detriment then the Natural Casualty or Propagation frequently exhausting more then possibly might support the visible and present exigence So that we may conclude in Civil Rules as well as Natural where motion findes no Station in vicissitude That Non Progredere est Retrograders Not to Advance is to Decline Our Interests cast on the Conduct of the Civil Rule as the peculiar welfare of those simple Parts whose joynt Composure forms one Common Good What she exacts of us in Reference to Her Rights that she may properly require of us in order to our own Expedit Râ—ipublicae ne sua Re quis male utatur The Publick Welfare holding still the same Analogy with the Parts as the Parts doth with the whole What falleth under the distinction of our Private usage is our Property what under Regulation of the Publick Hers. So that in the miscarriage of the meanest Part the Dammage is resented of the whole though possibly that Affluence which lent It due support might be diverted to another Member under the Constitution of the self-same Frame Since to a due concinnety every part must be endued with a faculty proportion'd to his Ministry to which Excess may often meet Impediment as well as a Defect The proper use therefore to which the Parts are more peculiarly design'd will not only lend us a Direction to the Improvement of their Faculties to the Enlargement of the Common Welfare But the specifick use of every Property inherent to those Parts will guide us also to the Improvement of their Ministry to the Advantage of a Private Interest In Reference to whose distinct Appropriation we therefore will reduce their Regulation to these Principles 1. Oeconomical Order 2. Civil Institution and Introduction 3. Serviceable Imployment 4. Civil Function 5. Structure 6. Manure Private Commerce XLVIII Oeconomical Order TO preside the Domestique Mannage is a Priviledge inherent to the Practice of a Conjugal Relation though Custom hath with us ' mongst those are most materially therein concern'd lent It too mean an Estimate to own the Ministry casting the Trust thereof on Fraudulent Negligent and Licencious Servants to no small Prejudice in a Private Oeconomy On what ground the usage took Original is not so easie to discover whether Delicacy State or Indulgency to Pleasure the two Former Pretences can hardly find Admission since Age and Eminence afford us in our Neighbouring Nations most authentique Patterns Nor are the most extravagant in Feminine Affeteries much less assiduous in their Circumspecion though thereto but enduced by irregular Motives as a necessary Dispensitory to their Vanity and Riot The Consequence of either Practice may visibly be disclosed in the unequal Durance of that welfare is inherent to those Families with whom this Order finds a due Reception compared unto Theirs have quite abandon'd It. How the Nature of this Charge should be distinguished or to what Objects visibly design'd we will endeavour to discover The Nature of the undertaking falls without question under the Distinction of a Trust though the Trustee seem equally interessed in the mannaging But usually the Priviledge is assumed only under colour of Purloining for supply to some sinister Purposes unequal Inclinations Secret frivulous or superfluous expences which Practice is fomented under shelter of an Interest or under shelter of the Law The Nature of the Interest rightly understood is but a Potential or collatereal Adherence under the Distinction of our Rules The Civil Law admits the same Relation to an equal Partage in the Acquisition with the Principle in what Nature soever transacted which Priviledge may possibly be the Cause why the Institution meets a happy Issue under so favourable a Prescription though the engagement hath a Nobler Object where the Act is free from any such Advantages The Law extendeth not her Influence to the Miscarriage of This Trust in Respect the Consequence is involved in a joynt Commission under One present Interest though possibly the Trustee may totally in Future be secluded from the Benefit Or in that the Authority not passeth under a necessary Imposition but under a voluntary plausible and endearing Concession The Object of the Exercise plac'd under Circumscription of the Family seems totally inherent to That use whither implyed in a timely Provision or a prudent Dispensation Acquisition derives her Affluence from too many and too remote sources to exact Her vigilance whose Action only is so firmly seated onely in the Center of Receipt The First Inference of Devoyr may seem to approach the Nature of the Exception In
Limits only of their proper currant produce more certainly a General Fertility Dispensatories directed to the Advancement of a Private Commerce having peculiarly for Object a Relief require a more Indulgent Ministry to their Institution It is not consonant to the order of a Civil Inherence to exact of the Indigent the uttermost of what the Law permits much more improper in a Civil Rule to leave the Exigents of the necessitous a common prey to Avarice beyond the tenor of Her Ordinance In which Respect we will reflect upon the quality of such Commerciants whose languishing condition may require a support from this Institution The Nature of their Attribute may properly imply such Persons as extract the means of their existence from an Intercourse of Trade To which Distinction though Publick Transaction more properly may agree a Subject not inherent to our present Agitation extending only to a Private Commerce Yet taken only with a Reference to their prefigured Incapacity which lends them to a Publick Commerce but a subordinate Ministry We may insist thereon without Conjecture of an Impropriety Of this sort of obscure Subordinates in Commerce a vast Diversity might possibly be instanced which we in order to our proposition will reduce to these Distinctions Associates and Independents Associates imply such as for Object of their Industry have a specifique matter to insist upon inherent to the Ministry of some distinct Society on which they do depend Independents have no distinct Adherence to Community in Function nor yet peculiar Object of Return but generally pursue all Subjects that are vendible to the Advantage of their Private Interest so that their differing Agitation may properly require a distinct succour to their undertakings Associates having in their Function a Relation to a Commulty may properly repair to their Provision to entertain their Faculties in their specifique Ministry Either deputing Money or Materials to their Trust and taking weekly the return of their peculiar Industry in such Commodities as are inherent to their Occupation at such a rate as might in time endue them with Capacity to become single Mannagers of their proper Function The Nature of the Institution may probably meet some Difficulty either in Reference to the Facility of the Remedy without such Appropriation since no one can so suddenly fall from the Practice of his Faculty as not to lend so small an entertainment to his Industry Or in Relation to the Incumbrance of a General Trade since the Society might thereby posibly attract more on their Hands then they could without Damage issue To take away the scruple of the first Assertion we may imply the urgency of a quick return to those have not Capacity to wait the season proper to Advantages who forced to put off their Goods at any rate both for the support of their present livelihood and the supply of such Materials should lend new Affluence to their Commerce fall by degrees to a Cessation in their Faculty and totally become a prey to those can first engross their Properties or other ways prevail on their Necessities To shun the inconvenient of the Latter Intimation may be inferr'd the order of our Institution which reaching either to a general Distribution of the Property to every part of the Society in full Capacity to agitate alone equivalent to the Transaction of each Particular the Issue thereof would be burdensome to none or otherwise received on a general account might be reserved for a common store to issue in a Foreign Traffique Independents pursuing not so material a Ministry in the Civil Texture can properly not require so singular a Priviledge of succour in that they cannot be reduced by distinct Authority to make a mutual Retribution of the common Benefit received when they fall under a Capacity to make an equal Reparation to anothers Indigence in which Respect we must remit their aid to a more common Ministry which cannot be more plausibly effected to a general use then under the allowance of a Common Lumbard so Constituted under Regulation of the Civil Power that the Return of Profit not extend the due Proportion of a Legal Interest more then some small Allowance for subscription In opposition to so strict Restraint of Benefit may possibly be alledg'd the Casualty of Goods And Charge of the Attendants on Receipt To ballance the full consequence of the former Objection we may infer a due proportion in the Loan in Reference to such Casualty In compensation to the Latter the weight of the subscription and the advantage of an unredemption which rightly ordered by Authentick Consultation will silence any scruple may be incident to the Propriety of the Institution Which concluding our present Subject puts a closure to the First Part of our General Treatise enfolding all those Principles which properly are inherent to the National or Interior Object of our Minister The Latter Part designed to disclose the Forreign or Exterior Object of our Minister we must remit to treat on till the Serenity of a milder Fate shall calm the Agitation of a troubled minde and the Indulgence of the Hand to which This is directed shall lend That Influence ERRATA P 14. l. 21. for Consultation read Constitution p. 20. l. 9. for Prudence r Discretion p. 22. l. 4. for precipitater r precipitate p. 24. l. 8. for them r. him p. 25. l. 14. for or r oâ— â— 30. l. 7. for enfolding r. unfolding p 34. l 15. for blank r. Carthaginians p. 38. l. 25. for places r. plac'd p. 49. l. 40. for heret r. hereto p. 50. l. 19. for an r. and p. 58. l. 5. for other r. others p. 60. l. â—2 for to our obvious r. obvious to our p. 65. l. 30. for daughter r. daughters p. â—3 l. â— for his r. this p. 75. l. 19. for if encounter r. encounters p. 74. l. 43. for Potentia r. Patientia p. 76. l. 15. r. attribute p. 82. l. 2. dele w. p. id l. 10. w. r. p. 86. l. 28 dâ—le el. p. 86. l. ust dele to p. 96. l. 40. r. is it p. 98 r. improvable 1. 39. for yeild the r. yeild to the p. 123. l. 45. for be r. the p. 135. l. 39. for Borrow r. Burrough p. 136. l. 8. for serv'd r. seâ—â—â—'d p. 139. l. 41. r. position p. 150. l. 17. for is one r. is in one p. 152. l. 6. r. Monoyres p. 153. l. 33. for extersion r. extraction p. 156 l. 33. for Ascension r. assertion p. 168. l. ult for Imposition r. Inquisition p. 185. l. 30. for â—aâ—ulty r. faculty l. 35. for becomes r. become p. 188. l. 39. for a r. at p. 192. l. 6. for mucâ— r. much p. 196. l. 18. for undertaker r. undertakers FINIS
priviledge of a more eminent Distinction excluding in his Right the chief Seat only to the extent of a Capon flight out of the common Partage But to make clearer discoveries into the Nature of this Institution if we shall yet farther visit the secret props of the Foundation by such Lights are afforded us to make Inspection into so obscure and remote circumstances we may finde that private Vanity and Faction have been the chief Promoters of this procedure to which not being of power sufficient to form it to a Rule may probably be joyn'd the Ambition of the Institutor as the depending Aids to his support How common and ridiculous a Passion hath transported the sence of man to perpetuate the glory of his Name by the enriching of their Families our Nation daily may afford too visible and deplorable proofs where it is become a plausible practice to abandon their own proper issue to raise their Memory on so vain a shadow that it wants frequently or knowledge or relation to lend it a pretence to such Inherency This distemper of the minde destroy'd that Miracle of the world at Ephesus where the obscured Actor wanting or worth or wealth to enlarge his memory lest dead he were forgot would make his Name remarkable to all succeeding Ages by the eminence of his Mischief So Nero 's Mother being foretold the danger to her Person in her Sons Succession to the Empire cryed out possessed with this frantick Passion Let me dye so he may Reign That faction should advance this Institution it is probable such being the unlimited Envy and Avarice of Man that setting all other appearance of Enmity aside the most equitable enlargement of one Family near another is of sufficient prevalence to engender secret Emulations which are not long contained in such obscure Limits but suddenly break forth to publick Ruptures of Dissention which to foment they dying contract their Faculties in one Principle thereby to contribute more force to encounter Opposition The Interest of the Institutor may hereto also concur whose greatness consisting in the Power of his Homogers did constitute such Tenors to Possessions as might no way be weak'ned by Divisions when summoned to his succor But the most material Inconvenience inherent to this Civil practice is altogether repugnant ev'n to the very Nature and Primitive Intention of the Law which is Civil Union and so much the more prejudicial is the consequence by how much the Breach thereof is nearer the original of Unity Amity or Friendship which Aristotle affirms Legislators have in the establishment of their Civil Structure more regarded then Justice it self Can there be a more visible Impulsive and sensible cause of Division between Brothers then that the Legitimate Children of one Father should through necessity be reduced into Dependance Subjection nay Servitude one of another without the advantage of any other Endowment then the precedence of a little time It was the apprehension of such unequal subordinacy did instigate the Patriarch's combining issue to sell their Brother into Forreign slavery when yet his innocent Age was capable to form no other shadow of Inenmity then this their envious jealousie The other Baise whereon the Authority of a Law may be judg'd firmly constituted is the Virtue or Power of the Institutor That the reflexion of Vertue how remote soever hath ever had a powerful Influence over the Spirits of succeeding Ages is altogether unquestionable whereon perhaps was grounded this Custom amongst the Lacedemonians That what Law or Advice was first propounded by a vicious Agitator if approved of some Person of an eminent Vertue was by the General Council immediately required to pronounce the same lest such a motion should want that Grace and Dignity was requisite to lend Authority to the Establishment thereof But that the Institutions published by person or Assembly so exactly qualified form'd from no other Object then the particular Occurrence of those Times should totally so o're-sway the Judgement of succeeding Ministers as to admit of them for unalterable Positions beyond the confirmation of their own Discourse is but a servile Imposition repugnant to the purpose and propriety of a Law Malum est Concilium quod mutari non potest Evil is that advice which cannot be changed Power simply posited though it may seem at first Inspection to claim a high and more legitimate Title to this Prerogative as the affected Issue of such eminence yet when we more exactly search into the secret nature thereof in Relation to this Attribute we shall so far dissent to subscribe to her Interest herein we altogether shall suspect her very appearance in the managing of a Legislative Transaction insomuch as the discussions of an imperturbed Reason are soly requisite to the due Constitution of a perfect Law whose issue circumscrib'd but by the meer Parado of a force is oftentimes obstructed if totally not subverted Violence though ne're so fairly polished bears but the exteriour semblance of a wrong nor is it proper that what intruding in our private Agitations may legally dispence us from the civil Ties of our own Act should be admitted to the Introduction of a common Ordinance A due ordered force may and must of necessity be the subordinate Minister to the Execution of the Laws but not a president o're the Consultations thereof The order of our Argument circumspectly traced will lead us to a consequent without a proposition which is that the most plausible and unquestionable Authority of a Law is that Which is formed from the free agitation of the most prudent and faithful Ministers and established by the unanimous Concurrence of the people According to this Method was even the Law of God published by Moses and by Joshua and confirmed by the assenting Multitude And if that holy and powerful Sovereign would not exact an obedience from the work of his own hand though tending only to their proper Benefit without a Covenant which could no otherwise be constituted but by consent of parties How irregular and unwarrantable are their proceedings who violently impose a severe Ordinance to the reducing of their equals into servilty altogether to their prejudice not only without their liking but absolutely contrary to the same The primitive intention of a Law is the good of the people and how that should conduce thereto which shuns the test of common approbation may certainly be term'd a Mystery but scarce receiveable in Equity Perhaps may be objected that hereto as the Natural so the Civil Body is incident to Infirmities that sometime may deprive It of capacity to relish their own Common Aliment much less to leave it Faculty to distinguish of Artificial Remedies which reaching not their Judgments do often not affect their will This being granted yet of necessity to apply the means to rectifie such disorder the will must be prepar'd or prepossest convinc't with Reason or intic't with Art otherwise an open and repugnant violence will but exalt the Distemper and so instead
Nature to become in any a prostitute to abject Lucre from whence 't is probable such Sciences have held their splendid Attribute Liberal rather in Respect of the Acquisitors freedom in communicating their Efficacy to the Benefit of others then from enfranchâ—sing an abject Spirit in a generous Elevation or a servile Fortune in an honourable Illustration Such uninteressed Practises in publick Persuit of the Laws for the Decision of Private Rights formed the Antick Romans worthy and susceptable of their ensuing Regency and Glory Such Enlargement of Grace in their Physical Dispensations qualified the Arabian Princes with more Dignity then their Diadems Such zealous Ministry in publick Enlightning Sacred Mysteries invested Juries Rabbies with more reverence then e're the awful power of Rule could reach unto Letters have lost their Purity and Esteem since but persu'd for Mercinary ends but yet confine we not any person under This Distinction to the exercise only of these Objects Letters may probably so enlighten the understanding and confirm the Resolution that after a competent Time of voluntary Subjection in the use of Arms These only may become exact Commanders in the Martial Frame 2. To persons under the Second Condition we have designed only the use of Manufacture In respect as is propounded they are visibly adherent to such a Proportion of a Civil Faculty as may lend them a Capacity both of the Initiation and Practice of their Functions many occupations may seem requisite to the Composure of a Civil Structure are not exactly specified under This general Distinction But when we shall exclude all Debutors of Commodities from Publick Trade but only such as fram'd them or at least if divers hands differently qualified were needful to their Supplement who most usefully contributed to their last fashioning As also forreign Trade shall be reduced only to Receipts of publick Commerce We shall have sufficiently figured our intention under the Extent of this only Attribute Other forms of Commerce tending but to the enhancing of Commodities to the Advantage only of Particulars who like idle Drones suck all the Benefit thereof from others painful Industry which only had conduced to their forming To Members of the Last Distinction having attained the years of Civil Capacity either under their Indegent Parents sterile or declining Industry or under their native Parochial Tutelage we properly may assign a double Ministry forming their Limbs first ready to a strenuous Execution by the assiduous Labour of a toyling Culture Their Bodies also thereby hardy grown against the exterior Injury of the Seasons and their Constitutions apt to suffer without prejudice such Aliments as the urgency of time may possibly in future Occurrents sometime have recourse unto Who thus become exactly endued with these Habits in persuit only of This Object we may on the Maturity of their years from thence by Civil Ordinance transplant them to our Martial Seminary which constituted only of Licentiats such as become aged in their active service are withdrawn to an easier Duty and instituted only for Parade or Ornament to the Civil Frame they may with much delight in so expert a Society in one Annual Revolution attain to such Dexterity Facility and Grace in Exercise of Arms as shall be requisite to the Success of future Action As to the constituting several Seminaries proper and peculiar to the attaining of these Objects they only can establish't be by Order and Injunction of the Civil Ministry lest the Remissness of Iudulgent Parents should render such an Institution frivolous To the Regulation of Persons under the first Quality instituting well composed Academies in every County to avoid the numerous Affluence of Associates which swelling to a Multitude might in Disorder or Neglect render them less capable of an exact Institution Particulars under the Second Intimation pursuing in one General Objects indefinite in their Nature can no way be reduced to a limited Prescription we will therefore leave them to the Liberty of a voluntary Election in Respect of their Nature provided it may be essentially material to a Civil use and in the manner according to the due proportion of such time as may sufficiently form their Hands and enlighten their understandings in the perfect Mystery of their Art Persons under the Latter Inference may in their first Introduction to a Civil Action be committed to the Provision of our Justices of Assize who in their usual Conventions may assign Them to the Tutelage and Instruction of such Masters within their several Jurisdictions as shall be noted of Capacity to entertain them in assiduous Action proper to our premised Object Agriculture Till therein reaching the due tearm of Maturity for Military use they may be thence transplanted to our prementioned Society in Armes intended only but for Ornament to the Civil Frame where passing their Probation they become fit undertakers to persue more weighty Enterprises The several Objects of the Law in Reference to the Improvement of the Internal or Intellectual Faculties are contained under two Principles The Extralegal Reward of Vertue and the Extralegal Punishment of Vice XXXIV The Extralegal Reward of Vertue HAving exactly fitted the Members of our Civil Body to an apt Progression by the Preservation and Improvement of their Natural Faculties e're we display the Objects of their Course It will be materially useful to a perfect success in our undertaking to persue the Improvement of the Interior or Intellectual Faculties by encouraging the Transactors with the Glory and advantage of Achiving or deterring with the Reproach and Dammage of their falling in our Enterprise so animating or restraining them that a generous Emulation might prompt them with more Ardour to pursue the publick Benefit included in their own And though our corrupt Nature may seem to need no other Motive to the plausible persuit of our Functions then our own Passion for ensuing Gain Yet the Relishes of youth the aptest seasons to a perfect Institution are not yet fitted to the Baits of Avarice or if they were the publick Test no small Induction is to the Enlargement of such Acquisition whence probably is formed that Notion Honos alit Artes Honor is the Nurse of Arts Why no Civil Law propounds a Benefit or Advantage unto any for the Intended or the Perpetrated Good but the Infliction only for the Evil acted is probably in Respect That Virtue in her self is held her own implicit Recompence it being a Blemish to her Purity to have any Object forth her proper Sphere which motion only figures her Distinction Nevertheless on these Two Pillars was the sacred Law erected though but the Latter only therein expressed A Law without this implicitly in it self seeming but a servile Imposition and having This explicitly in it self a mercinary Exaction To figure which Mystery though the General Clauses of the Sacred Law were published yet the particular Covenant Ground and Pledges of the Law were secretly with the Law unfolded in the Ark which none but the chief Ministers to the