Sojourners NOT that what we have deliver'd concerning XIV Government from God the Original of Civil Societies does any ways hinder but that Civil Government may be truly said to be from God For it being his Will that the Practices of Men should be order'd according to the Law of Nature and yet upon the Multiplication of Mankind Human Life would have become so horrid and confused that hardly any room would have been left for the same to exert its Authority and seeing the Exercise thereof would be much improv'd by the Institution of Civil Societies therefore since he who commands the End must be supposed to command likewise the Means necessary to the said End God also by the mediation of the Dictates of Reason is to be understood antecedently to have will'd that Mankind when they were multiply'd should erect and constitute Civil Societies which are as it were animated with a Supreme Authority The Degrees whereof he expresly approves in Divine Writ ratifying their Divine Institution by Peculiar Laws and declaring that himself takes them into his especial Care and Protection CHAP. VII Of the several Parts of Government WHAT are the Constituent Parts of I. Supreme Power and by what Methods it exerts its Force in Civil Societies may easily be gather'd from the Nature and End of the said Societies IN a Civil Society all Persons are suppos'd II. Will of the Supreme to be made known to have submitted their Will to the Will and Pleasure of the Governours in such Affairs as concern the Safety of the Publick being willing to do whatsoever they require That this may be effected it is necessary that the Governours do signifie to those who are to be govern'd what their Will and Pleasure is concerning such Matters And this they do not only by their Commands directed to particular Persons about particular Affairs but also by certain general Rules whence all Persons may at all times have a clear and distinct Knowledg of what they are to do or to omit By which likewise it is commonly defin'd and determin'd what ought to be look'd upon to be each Man 's Right and Propriety and what does properly belong to Another what is to be esteem'd Lawful and what Unlawful in any Publick Society what Commendable or what Base what every man may do by his own Natural Liberty or how every one may dispose and order his own particular Rights towards the advancement of the common Peace and Tranquillity In fine what and after what manner every one by Right may lay claim to from another For it conduces very much to the Peace and Prosperity of any Civil Society that all these things should be clearly and plainly laid down and determin'd MOREOVER this is the Chief End III. Penalty of Civil Societies that Men by a mutual Agreement and Assistance of one another might be secur'd against the Injuries and Affronts which may and very often do befal us by the Violence of other men Now that this End may the better be obtain'd by those Men with whom we are link'd together in the same Society it is not sufficient that they should mutually agree among themselves not to injure one Another nor is it enough that the bare Will and Pleasure of the Supreme Magistrate should be made known to them but 't is likewise requisite that there should be a certain Fear and Dread of Punishment and a Power and Ability of inflicting the same Which Punishment or Penalty that it may be sufficient for this End is to be so order'd that there may plainly appear a greater Damage in violating the Laws than in observing them and that so the Sharpness and Severity of the Penalty may outweigh the Pleasure and Advantage gotten or expected by doing the Injury Because it is impossible but that of two Evils men should chuse the Least For although there are many men who are not restrain'd from doing Injuries by any prospect of Punishment hanging over their heads yet that is to be look'd upon as a Case that rarely happens and such as considering the present Condition and Frailty of Mankind cannot be wholly avoided BECAUSE also it very often happens IV. Controversies that many Controversies do arise about the Right Application of the Laws to some particular Matters of Fact and that many Things are to be nicely and carefully consider'd in order to determine whether such a Fact may be said to be against Law therefore in order to the establishment of Peace and Quietness amongst the Subjects it is the part of the Supreme Governour to take cognisance of and determine the Controversies arising between Subject and Subject and carefully to examine the Actions of Particular Persons which are found to be contrary to Law and to pronounce and execute such Sentence as shall be Agreeable to the same Law BUT that those who by mutual Agreement V. Power of Peace and War have constituted a Civil Society may be safe against the Insults of Strangers the Supreme Magistrate has Power to assemble to unite into a Body and to Arm or instead of that to list as many Mercenaries as may seem necessary considering the uncertain Number and Strength of the Enemy for the maintaining the Publick Security and it is likewise entirely left to the Discretion of the same Magistrate to make Peace whenever he shall think convenient And since both in times of Peace and War Alliances and Leagues with other Princes and States are of very great Use and Importance that so the different Advantages of divers States and Governments may the better be communicated to each other and the Enemy by their joint Forces may be repuls'd with the greater Vigor or be more easily brought to Terms it is also absolutely in the Power of the Supreme Magistrate to enter into such Leagues and Treaties as he shall think convenient to each Occasion and to oblige all his Subjects to the observation of them and at once to derive and convey down to the whole Civil Society all the Benefits and Advantages thence arising SEEING also the Affairs of any Considerable VI. Publick Officers State as well in time of War as Peace cannot well be manag'd by one Person without the assistance of subordinate Ministers and Magistrates it is requisite that able Men should be appointed by the Supreme Magistrate to decide and determine in his room the Controversies arising between Subject and Subject to enquire into the Counsels of the Neighbouring Princes and States to govern the Soldiery to collect and distribute the Publick Revenue and lastly in every Place to take special care of the common Good And from each of these Persons the Supreme Magistrate may and ought to exact the Performance of their Duty and require an Account of their Behaviour in their respective Stations AND because the Concerns of any VII Taxes Civil Society can neither in time of War nor Peace be manag'd without Expences the Supreme Authority has power to
call'd men have given certain Names as a corrupt Monarchy is call'd Tyranny a corrupt Aristocracy is stil'd an Oligarchy or a Rump-Government And a corrupt Popular State is call'd an Anarchy or a Rabble-Government Although it often happens that many by these Nick-names do not so much express the Distemper of such a Government as their own Natural Aversion for the present Governours and Constitution For often-times he who is dissatisfied with his King or a Monarchical Government is wont to call even a Good and Lawful Prince a Tyrant and Usurper especially if he be strict in putting the Laws in Execution So he who is vex'd because he is left out of the Senate not thinking himself Inferior to any of the other Counsellors out of Contempt and Envy he calls them a Pack of assuming Fellows who though in no respect they excel any of the Rest yet domineer and lord it over their Equals nay over Better men than themselves Lastly those men who are of a haughty Temper and who hate a Popular Equality seeing that all People in a Democracy have an equal Right to give their Suffrages in publick Affairs tho in every Place the common People makes the greatest Number they condemn that as an Ochlocracy or Government by the Rabble where there is no Preference given to Persons of Merit as they forsooth esteem themselves to be AN Irregular Constitution is where that XII An Irregular State Perfect Union is wanting in which the very Essence of a Government consists And that not through any Fault or Male-Administration of the Government but because this Form has been receiv'd as Good and Legitimate by Publick Law or Custom But since there may be Infinite varieties of Errors in this Case it is impossible to lay down distinct and certain Species of Irregular Governments But the Nature thereof may be easily understood by one or two Examples for instance if in a State the Nobles and the People are each vested with a Supreme and unaccountable Power Or if in any Nation the Nobles are grown so great that they are no otherwise under the King than as unequal Confederates WE call those Vnions when several Constituted XIII Vnion of several Communities Societies by some special Tie are so conjoin'd that their Force and Strength may be look'd upon in effect as the United Force and Strength of one Civil Society Now these Unions may arise two several ways the one by a Common Sovereign the other by League or Confederacy SUCH a Vnion happens by means of XIV Vnion by a common Sovereign a Common Sovereign when divers separate Kingdoms either by Agreement or by Marriage or hereditary Succession or Victory come to be subject to the same King yet so that they do not close into one Realm but each are still govern'd by the same Common Sovereign according to their own Fundamental Laws ANOTHER sort of Vnion may happen XV. Vnion by Confederacy when several Neighboring States or Governments are so connected by a perpetual League and Confederacy that they cannot exercise some Parts of the Supreme Power which chiefly concern their Defence and Security against Strangers but by a general Consent of them All Each Society nevertheless as to other matters reserving to its self it s own Peculiar Liberty and Independency CHAP. IX The Qualifications of Civil Government IT is always one Prerogative of the Government I. Supreme Authority by which any Community is directed in every form of Common-wealth whatsoever to be invested with the Supreme Authority whereby it has the regulating of all things according to its own Judgment and Discretion and acts without dependence upon any Superiour that can pretend to annul or countermand its Orders FOR the same Reason a Government II. Vnaccountable so constituted remains unaccountable to all the World there being no Authority above it to punish it or to examine whether its proceedings are right or no. AND a third qualification of like nature III. Above the Laws with the former is that inasmuch as all Civil Laws of humane Authority derive both their Beginning and their Continuance from the favour of the Government it is impossible they should directly oblige the very Power that makes them because the same Power would in consequence be superiour to it self Yet it is a happy Prospect and a singular advantage to the Laws when a Prince conforms himself of his own pleasure as occasion serves to practise the same things that he commands his Subjects THERE is also a peculiar Veneration to IV. Obedience due to it be paid to the Supreme Government under which we live not only in obeying it in its just Commands wherein it is a Crime to disobey but in enduring its Severities with the like Patience as the rigor of some Parents is submitted to by dutiful Children Wherefore when a Prince proceeds to offer the most heinous Injuries imaginable to his people let them rather undergo it or every one seek his safety by flight than draw their Swords upon the Father of their Country WE find in Monarchies and Aristocracies V. An absolute Monarchy especially that the Government is sometime Absolute and sometime Limited An absolute Monarch is one who having no prescribed form of Laws and Statutes perpetually to go by in the method of his Administration proceeds entirely according to his own Will and Pleasure as the condition of Affairs and the publick Good in his judgment seem to require BUT because a single Person may be VI. A limited Monarchy subject to be mistaken in his Judgment as well as to be seduced to evil Courses in the enjoyment of so vast a Liberty it is thought convenient by some States to circumscribe the exercise of this Power within the limits of certain Laws which are proposed to the Prince at his Succession to be the future Rule of his Government And particularly when any Extraordinary Concern arises involving in it the â—â—â—erest of the whole Kingdom for which there can be no provision extant in the Constitutions foregoing They then oblige him to engage in nothing without the previous Advice and Consent of the People or their Representatives in Parliament the better to prevent the danger of his swerving from the Interest of the Kingdom WE see likewise a difference in the right VII Right and Manner of holding and manner of holding some Kingdoms from what it is in others For those Princes especially as have acquired Dominions by Conquest and made a People their own by force of Arms can divide alienate and transfer their Regalities at pleasure in the manner of a patrimonial Estate Others that are advanced by the Voice of the People though they live in full possession of the Government during their Reigns yet have no pretensions to such a Power But as they attained to the Succession so they leave it to be determin'd either by the ancient Custom or the fundamental Laws of the Kingdom for which reason
to authenticate the said Law with the Force and efficacy of a Civil Law For since indeed the wickedness of a great part of Mankind is arrived to a degree which neither the apparent Excellency of the Law of Nature nor the fear of God himself is sufficient to restrain the most effectual Method remaining to preserve the happiness of living in a Community is by the authority of the Government to inforce the Natural by the Civil Laws and supply the Disability of the one with the Power of the other NOW the Force and Power which is in IV. The Penal Sanction Civil Laws consists in this that to the Assertory part of the Statute concerning Things to be done or omitted there is annex'd a Penal Sanction rehearsing the Punishment that is appointed to attend a man in a Court of Justice for omitting what he ought to do or doing what he ought to omit Of which kind of Sanctions the Laws of Nature being of themselves destitute the breaking of them does not fall under the punishment of any Court in this World but yet is reserv'd for the Judgment of the Tribunal of God MORE particularly it is inconsistent V. Of Actions with the nature of living in a Community for every one what he accounts to be his due to exact it of his own proper Violence So that here the Civil Laws come in to the assistance of the Natural For they allow the Creditor the benefit of an Action whereby the Debt that is owing to him by Virtue of a Law of Nature with the help of the Magistrate may be demanded and recovered in a Court of Justice according to the Course of the Laws of the Kingdom whereas without such enforcement of the said Laws you can extort nothing from a Debtor against his Will but must entirely depend upon his Conscience and Honour The Civil Laws admit of Actions chiefly in the Case of those Obligations that are contracted betwixt Parties by an express Bond or Covenant For as to other Affairs where the Obligation arises from some indefinite Duty of the Law of Nature the Civil Laws make them not subject to an Action at all on purpose to give occasion to good men to exercise their Virtue to their more extraordinary Praise when it is evident they do that which is just and honest without Compulsion Beside that freqently the point in question may not be of Consequence enough to trouble a Court about it AND whereas the Law of Nature commands VI. The prosecution of them many things at large in an indefinite manner and leaves the application of them to every one in his own breast the Civil Laws being careful of the Honour and Tranquillity of the Community prescribe a certain time manner place persons and other circumstances for the due prosecution of those Actions with the proposal of a Reward upon occasion to encourage people to enter upon them And when any thing is obscure in the Law of Nature the Civil Laws explain it Which Explication the Subjects are obliged to receive and follow although their own private Opinions do otherwise lead them to a contrary sense So that there being thus a number of VII Form Actions left by the Law of Nature to be considered according to the will and judgment of each person which nevertheless in a Common-wealth ought to be regularly stated for the greater Decency and Quiet of the same it uses to be the care of the Civil Laws to reduce all those Actions with their respective Concerns to a proper Form as we see it is in Wills Contracts and divers other Cases from whence it comes that they limit us as they do in the exercise of several Rights to the use whereof the Law of Nature left us much at liberty FOR so far as the Civil Laws do not VIII The Obedience due to the Civil Laws openly contradict the Law of God the Subject stands oblig'd to obey them not merely out of fear of Punishment but by an internal Obligation confirm'd by the Precepts of the Law of Nature it self This being one of them amongst others that Subjects ought to obey their lawful Sovereigns NAY it is their Duty to obey even IX And to the particular Commands of the Sovereign the personal Commands of their Sovereigns no less than they do the Common Laws of the Kingdom Only here they must observe whether the thing commanded is to be done by them as in their own Names in the quality of an Action belonging properly to Subjects to do or whether it be barely to undertake the Execution of an Affair for the Sovereign in consequence of that Authority which he has to command it In the latter Case the Necessity that is imposed upon the Subject excuses him from Sin though the Fact it self is a Sin in the Sovereign to command But in the other for a Subject as in his own name to do a thing which is repugnant to the Laws of God and Nature it can never be lawful And this is the reason why if a Subject takes up Arms in an unjust War at the Command of his Sovereign he sins not Yet if he condemns the Innocent or accuses and witnesses against them falsely upon the like Command he sins For as he serves in War he serves in the name of the Publick but acting as a Judge Witness or Accuser he does it in his Own CHAP. XIII Of the Power of Life and Death THE Civil Government that is Supreme I. Twofold in every State has a Right over the Lives of its Subjects either indirectly when it exposes their Lives in defence of the Publick or directly in the punishment of Crimes FOR when the force of Foreiners in an II. Indirectly Invasion which often happens is to be repell'd by Force Or that we cannot without the use of Violence obtain our Rights of them it is lawful for the Government by its Supreme Authority to compel the Subjects to enter into its Service not thereby purposely intending their Death only their Lives are exposed unto some Danger of it On which occasions that they may be able to behave themselves with Skill and Bravery it is fit they should be exercised and prepared for the purpose Now the Fear of Danger ought not to preâ—â—il with any Subject to render himself uncapable of undergoing the duties of a Soldier Much less ought it to tempt a man that is actually in Arms to desert the Station appointed him who ought to fight it out to the last drop of his blood unless he knows it to be the will of his Commander that he should rather preserve his Life than his Post or if he be certain that the maintaining of such Post is not of so great importance as the preservation of the Lives engaged therein THE Government claims a Power III. Directly to take away the Lives of Subjects directly upon the occasion of any heinous Crimes committed by them whereon it passes judgment
conclude that the one is any ways repugnant to the other In like manner if in Moral Divinity some things are delivered as from Divine Revelation which by our Reason we are not able to comprehend and which upon that score are above the reach of the Law of Nature it would be very absurd from hence to set the one against the other or to imagine that there is any real Inconsistency between these Sciences On the other hand in the Doctrin of the Law of Nature if any things are to be presupposed because so much may be inferr'd from Reason they are not to be put in Opposition to those things which the holy Scripture on that Subject delivers with greater Clearness but they are only to be taken in an abstracted Sense Thus for Example from the Law of Nature abstracted from the Account we receive thereof in holy Writ there may be formed an Idea of the Condition and State of the first Man as he came into the World only so far as is within the Comprehension of Humane Reason Now to set those things in opposition to what is deliver'd in Sacred Writ concerning the same State would be the greatest Folly and Madness in the World But as it is an easie matter to reconcile the Civil Law with the Law of Nature so it seems a little more difficult to set certain Bounds between the same Law of Nature and Moral Divinity and to define in what Particulars chiefly they differ one from the other And upon this Subject I shall deliver my Opinion briefly not with any Papal Authority as if I was exempted from all Error by any Peculiar Right or Priviledge neither as one who pretends to any Enthusiastick Revelation but only as being desirous to discharge that Province which I have undertaken according to the best of my Ability And as I am willing to hear all Candid and Ingenuous Persons who can inform me better and am very ready to retract what I have said amiss so I do not value those Pragmatical and Positive Censurers and Busie-bodies who boldly concern themselves with things which no ways belong to them of these Persons we have a very Ingenious Character given by Phaedrus They run about says he as mightily concern'd they are very busie even when they have nothing to do they puff and blow without any occasion they are uneasie to themselves and troublesome to every body else Now the Chief Distinction whereby these Sciences are separated from one another proceeds from the different Source or Spring whence each derives its Principles and of which I have already discours'd From whence it follows if there be some things which we are enjoyn'd in Holy Writ either to do or forbear the Necessity whereof cannot be discover'd by Reason alone they are to be look'd upon as out of the Cognizance of the Law of Nature and properly to appertain to Moral Divinity Moreover in Divinity the Law is consider'd as it has the Divine Promise annex'd to it and with relation to the Covenant between God and Man from which consideration the Law of Nature abstracts because the other derives it self from a particular Revelation of God Almighty and which Reason alone could not have found out Besides too there is this Great Difference in that the main End and Design of the Law of Nature is included within the Compass of this Life only and so thereby a Man is inform'd how he is to live in Society with the rest of Mankind But Moral Divinity instructs a Man how to live as a Christian who is not oblig'd to live honesty and vertuously in this World but is besides in earnest expectation of the Reward of his Piety after this Life and therefore he has his Conversation in Heaven but is here only as a Stranger and a Pilgrim For altho the Mind of Man does with very great ardency pursue after Immortality and is extremely averse to its own Destruction and thence it was that most of the Heathens had a strong perswasion of the separate State of the Soul from the Body and that then Good Men should be rewarded and Evil Men punish'd yet notwithstanding such a strong Assurance of the certainty hereof upon which the Mind of Man can firmly and entirely depend is to be deriv'd only from the Word of God Hence it is that the Dictates of the Law of Nature are adapted only to Humane Judicature which does not extend it self beyond this Life and it would be absurd in many respects to apply them to the Divine Forum which concerns itself only about Theology From whence this also follows that because Humane Judicature regards only the external Actions of Man but can no ways reach the Inward Thoughts of the Mind which do not discover themselves by any outward Sign or Effect therefore the Law of Nature is for the most part exercised in forming the outward Actions of Men. But Moral Divinity does not content itself in regulating only the Exterior Actions but is more peculiarly intent in forming the Mind and its internal Motions agreeable to the good Pleasure of the Divine Being disallowing those very Actions which outwardly look well enough but proceed from an impure and corrupted Mind And this seems to be the Reason why the sacred Scripture doth not so frequently treat of those Actions that are enjoyned under certain Penalties by Humane Laws as it doth of those which as Seneca expresses it are out of the reach of any such Constitutions And this will manifestly appear to those who shall carefully consider the Precepts and Virtues that are therein inculcated although even those Christian Virtues do very much dispose the Minds of Men towards the maintaining of Mutual Society so likewise Moral Divinity does mightily promote the Practice of all the main Duties that are enjoyned us in our Civil Deportment So that if you should observe any one behave himself like a restless and troublesome Member in the Common-wealth you may fairly conclude that the Christian Religion has made but a very slight impression on that Person and that it has taken no Root in his Heart And from these Particulars I suppose may be easily discovered not only the certain Bounds and Limits which distinguish the Law of Nature as we have defin d it from Moral Divinity but it may likewise be concluded that the Law of Nature is no ways repugnant to the Maxims of sound Divinity but is only to be abstracted from some particular Doctrines thereof which cannot be fathom'd by the help of Reason alone From whence also it necessarily follows that in the Science of the Law of Nature a Man should be now considered as being depraved in his very Nature and upon that Account as a Creature subject to many vile Inclinations For although none can be so stupid as not to discover in himself many Evil and Inordinate Affections nevertheless unless we were inform'd so much by Sacred Writ it would not appear that this Rebellion of the Will was
Paternal Power the most ancient and most sacred kind of Authority whereby Children are oblig'd to reverence the Commands of their Parents and to acknowledge their Preeminence THE Authority of Parents over their II. Its Foundation twofold Children hath its chief Foundation on a twofold Cause First because the Law of Nature itself when Man was made a Sociable Creature enjoin'd to Parents the Care of their Children and lest they should herein be negligent Nature implanted in them a most tender Affection for their Issue Now that this Care may be rightly manag'd it is requisite that they have a Power of ordering the Actions of their Children for their good because these as yet understand not for want of Discretion how to govern themselves Next this Authority is also grounded on the tacit Consent of their Off-spring For it may fairly be presum'd that if an Infant at the time of its Birth had the use of Reason and saw that its Life could not be preserv'd without the Care of the Parents to which must be join'd a Power over itself it would readily consent to the same and desire for itself a comfortable Education from them And this Power as actually in the Parents then when they breed and nurse up the Child and from him as well as they can that he may become a fit Member of Humane Society BUT whereas the Mother concurs no III. Which Parent has greater Right less than the Father to the Generation of Children and so the Off-spring is common to both it may be enquir'd which hath the greatest Right thereto Concerning which point we are to distinguish For if the Issue were begotten not in Matrimony the same shall be rather the Mothers because here the Father cannot be known except the Mother discover him Among those also who live in a State of Natural Liberty and above Laws it may be agreed that the Mothers claim shall be prefer'd to that of the Father But in Communities which have their Formation from Men the Matrimonial Contract regularly commencing on the Mans side and he becoming the Head of the Family the Fathers Right shall take place so as though the Child is to pay the Mother all Reverence and Gratitude yet is it not oblig'd to obey her when she bids that to be done which is contrary to the just Commands of the Father Yet upon the Fathers Decease his Authority over his Child especially if not of Age seems to devolve upon the Mother and if she marry again it passes to the Step-Father he being esteem'd to succeed to the Trust and Care of a Natural Father And he who shall allow liberal Education to an Orphan or a forsaken Child shall have a Right to exact filial Obedience from the same BUT that we may handle more accurately IV. Paternal Authority distinguish'd the Power of Parents over their Children we must distinguish first between Patriarchs or Chiefs of independent Families and such as are Members of a Community and then betwixt the Power of a Father as Father and his Power as Head of his Family And whereas it is enjoin'd by Nature to a Father as such that he bring up his Children well in order to render ' emfit Members of Human Society so long as till they can take care of themselves hence he has so much Power given him over them as is necessary for this End which therefore by no means extends itself so as to give the Parents liberty to destroy their unborn Off-spring or to cast away or kill it when it is born For tho 't is true the Issue is of the Substance of the Parents yet it is placed in a Human State equal to themselves and capable of receiving Injuries from them Neither also does this Authority vest them with the Exercise of a Power of Life and Death upon occasion of any Fault but only allows them to give moderate Chastisement since the Age we speak of is too tender to admit of such heinous Crimes as are to be punish'd with Death But if a Child shall stubbornly spurn at all Instruction and become hopeless of Amendment the Father may turn him out of his own House and abdicate or renounce him MOREOVER this Power thus nicely V. Childhood taken may be consider'd according to the diverse Age of Children For in their early years when their Reason is come to no maturity all their Actions are subject to the Direction of their Parents During which time if any Estate fall to the young person it ought to be put into the Possession and under the Administration of the Father so that the Property be still reserv'd to the Child though it may be reasonable enough that the Profits arising therefrom should be the Fathers till the other arrive at Manhood So also any Advantage or Profit that can be made by the Labour of a Son ought to accrew to the Parent since with the latter lies all the care of maintaining and of educating the former WHEN Children are come to Mans Estate VI. Manhood when they are endued with a competent share of Discretion and yet continue themselves a part of the Fathers Family then the Power which the Father hath comes distinctly to be consider'd either as he is a Father or as Head of the Family And since in the former Case he makes his End to be the Education and Government of his Children it is plain that when they are of ripe years they are to be obedient to the Authority of their Parents as wiser than themselves And whosoever expects to be maintain'd upon what his Father has and afterwards to succeed to the Possession of the same is oblig'd to accommodate himself to the Methods of his Paternal Houshold the management whereof ought to be in his Fathers power PATRIARCHS or Heads of independent VII Patriarchs Power abridg'd Families before they join'd in Communities acted in many Cases after the manner of Princes in their Houses So that their Progeny who continu'd a part of their Families paid the highest Veneration to their Authority But afterward this Family-Royalty as well as some other private Rights was moderated for the Benefit and Order of Communities and in some places more in others less of Power was left to Parents Hence we see that in some Governments Fathers have in Criminal cases a power of Life and Death over their Children but in most it is not allow'd either for fear Parents should abuse this Prerogative to the detriment of the Publick or to the unjust Oppression of those so subjected or lest through the tenderness of Paternal Affection many Vices should pass unpunish'd which might break forth one time or other into publick Mischiefs or else that Fathers might not be under a Necessity of pronouncing so sad and ungrateful a Sentence BUT when a Son or Daughter have left VIII Piety ever due to Parents the Fathers House and either have set up a new Family of their own or joined to
Nation of any considerable extent but he must have Ministers to participate with him in his Cares and Counsels Yet as these Ministers borrow their Authority in every thing they do from Him So the praise or dispraise of their Actions returns finally upon Him also For which reason and because according to the quality of Ministers business is done either well or ill there lies an Obligation upon a Prince to advance honest and fit Persons to Offices of Trust in the Government and upon occasion to examine into the proceedings of the same and as he finds them deserving to reward or punish them accordingly for an Example to others to understand that there is no less fidelity and diligence to be used in managing the publick Business than one would practise in any private Affair that relates to himself So when wicked people are encouraged to put their Inclinations in practice upon the hopes of escaping very easily unpunish'd under Judges that are subject to Corruption it ' is a Prince's Duty to animadvert severely upon such Judges as Favourers of Vice against the safety of the Subject and quiet of the Nation And though the dispatching of the ordinary affairs may be committed to the Ministers care yet a Prince is never to refuse to lend his Ear with Patience when his Subjects present him with their Complaints and Addresses FOR Taxes and the like Duties to X. Of Taxes and Duties which Subjects are upon no other account oblig'd than as they are necessary to support the publick Charge in Peace and War it deserves to be the Care of Princes not to extort more than either the Necessities or signal advantages of the Nation require and so to alleviate and soften them in the ways and means of laying them upon the Subject that every one may find their weight as little offensive as it can possibly be being charg'd upon particulars in a fair and Equitable proportion without favouring of one to deceive or oppress another And let not the Money that is so rais'd be consum'd by Princes in Luxury and Vanities or thrown away in Gifts and needless Ostentation but laid out upon the occasions of the Nation always foreseeing that their Expences be made to answer to their Revenue and in case of any failure in the latter to do it that they attempt a Remedy by means of Frugality and in retrenching unnecessary Expences IT is true Princes have no Obligation XI Interest of the Subject to be advanc'd by Princes upon them to find maintenance for their Subjects otherwise than Charity directs them to a particular Care of those for whom it is impossible to subsist of themselves by reason of some Calamity undeserved Yet because the Money that is necessary for the conservation of the Publick must be raised out of the Subjects Estates in whose Wealth and Happiness the strength of a Nation does consist it therefore concerns Princes to use their best Endeavours that the fortunes of their Subjects improve and flourish as particularly by giving Orders how the fruits of the Earth and Water may be received in the most plentiful measure and that men employ their Industry on things of Domestick growth not purchasing at their Expence that Labour from others which themselves are able conveniently to undergo That all Mechanick Arts and Merchandise and in Maritime places Navigation be encourag'd as of great consequence to the Common-wealth That Idleness be banish'd from amongst them and Frugality be restored by Sumptuary Laws contrived on purpose to avoid superfluous Expences especially those which occasion the transporting of Riches out of the Kingdom Whereof if the Prince is pleas'd to set an Example in his own Person it is likely to prove of greater force than all the Laws besides FINDING also that the internal XII Factions and Parties Health and Strength of a Nation proceeds in a particular manner from the Vnity that is between the People and according as this happens to be more and more perfect the power of the Government diffuses it self through the whole Body with so much the greater Efficacy it is yet a further care incumbent upon Princes to hinder both the growth of publick Factions as well as of private Associations of particular persons by Agreements amongst themselves As also to see that neither all nor any of the Subjects under any pretence whatsoever Religious or Civil do retain a dependence upon a Stranger within or without the Kingdom more than upon their lawful Prince in whom alone before all others all their Expectations ought to be reposed Lastly SINCE the Peace of Nations XIII Of War and Peace with forein Nations in reference to one another depends upon no very great Certainties it ought to be the endeavour of Princes to encourage Valour and Military Studies in their Subjects having all things as Fortifications Arms Men and Money which is the Sinews of Business ready prepared in case of an Assult to repel it though not voluntarily to begin one upon another Nation even after sufficient Cause of War given unless invited by a very safe opportunity and the Publicks being in a good Condition conveniently to go through with the undertaking For the same Reason it is proper to observe and search into the Counsels and Proceedings of Neighbours with all exactness and to enter with them into Leagues and Alliances as prudently as so great a Concern requires CHAP. XII Of the Special Laws of a Community relating to the Civil Government IT now remains that we take a View I. What they are of the particular parts of Supreme Government together with such Circumstances thereunto belonging as we find are worthy to be observ'd In the first place there are the Civil Laws meaning the Acts and Constitutions of the highest Civil Authority for the time being ordained to direct the Subject in the course of his Life as to what things he ought to do and what to omit THEY are called Civil upon two accounts II. Why so call'd especially that is either in regard of their Authority or their Original In the first sense all manner of Laws whatsoever of force whereby to try and decide Causes in a Court of Civil Judicature let their Original be what it will may pass under that denomination In the other we call only those Laws Civil which derive their Original from the Will of the Supreme Civil Government treating upon the Subject of such things as neither the Laws of God or Nature have determined yet are found to conduce much to the profit of Particular Common-wealths AS nothing therefore ought to be made III. The Law of Nature to be reinforced by them the Subject of a Civil Law but what relates to the good of the Common-wealth that does ordain it So it seeming in the highest degree expedient towards the beauty and ease of living in a Community that in particular the Law of Nature should be diligently observ'd by all people it lies upon Supreme Governours
of Death by way of Punishment As likewise the Goods and Chattels of Criminals are subject to the Censure of the Law So that here some General things concerning the nature of Punishments come to be discoursed PUNISHMENT is an Evil that is suffered IV. Of Punishments in Retaliation for another that is done Or a certain grievous pain or pressure imposed upon a person by Authority in the manner of a Force with regard to an Offence that has been committed by him For although the doing of some things may oftentimes be commanded in the place of a Punishment yet it is upon this consideration that the things to be done are troublesome and laborious to the doer who will therefore find his sufferings in the performance of such Action A Punishment also signifies its being inflicted against the wills of people For it would not otherwise obtain its end which is to deter them from Crimes by the sense of its Severity An effect it never will produce if it were only such as an Offender is willing and pleased to undergo As for other Sufferings which happen to be undergone in Wars and Engagements or which one bears innocently through the means of an Injury done him the former not being inflicted by Authority and the other not referring to an antecedent Crime they do neither of them import the proper sense and meaning of a Punishment BY our Natural Liberty we enjoy the V. Inflicted by the Government Priviledge to have no other Superiour but God over us and only to be obnoxious to punishments Divine But since the introduction of Government it is allowed to be a branch of the Office of those in whose hands the Government is intrusted for the good of all Communities that upon the representation of the unlawful practices of Subjects before them they shall have power effectually to coerce the same that people may live together in Safety NEITHER does there seem to be any VI. The Benefit of them thing of Inequality in this that he who Evil does should Evil suffer Yet in the course of Humane Punishments we are not solely to regard the quality of the Crime but likewise to have an Eye upon the benefit of the Punishment By no means executing it on purpose to feed the fancy of the party injured or to give him pleasure in the pains and sufferings of his Adversary Because such kind of Pleasure is absolutely inhumane as well as contrary to the disposition of a good fellow-Subject THE Genuine end of Punishments in a VII The End of them State is the Prevention of wrongs and injuries which then has its effect when he who does the Injury is amended or for the future incapacitated to do more or others taking Example from his Sufferings are deter'd from like Practices Or to express it an other way That which is to be considered in the business of Punishments is the Good either of the Offender or the Party offended or generally of All. First WE consider the Good of the Offender VIII Vpon the Offender in whose mind the smart of the Punishment serves to work an alteration towards Amendment and extinguishes the lust of doing the same again Divers Communities leave such kind of Punishments as are qualified with this End to be exercised by Masters over the members of their own Families But it never was thought good they should proceed so far as to Death because he that is dead is past Amendment IN the next Place a Punishment intends IX Vpon the Party offended the good of the party Offended securing him that he suffer not the like mischief for the future either from the same or other persons It secures him from the same if the mans Life or pardoning that his Power to do hurt be taken from him or perhaps sad Experience unteaches him the Art he has learnt to Offend It secures him from others by being perform'd in the most open and publick manner accompanied with the circumstances of form and pomp that are apt to strike a dread into as many as behold it IN a word the good of all people is X. Vpon All. intended by the Execution of Punishments For by this means care is taken that he who has done a mischief to one shall do no such mischief again to another the terror of whose Example may also be an Antidote for the rest against the temptations to his Crime And this Good accrews after the same manner as the former BUT if together with the End of Punishments XI Internal Acts of the mind not subject to them we consider the condition of Humane Nature we shall see that all sins are not of that quality that they must necessarily fall under the Sentence of a Court of Justice The Acts of the mind within it self which are merely internal as thinking upon a Sin with delight coveting desiring resolving to do an ill thing but without effect though they should be afterwards made known by mans own Confession yet are all exempted from the stroke of humane Punishments For so long as those internal Motions have not occasion'd the prejudice of any whom does it concern or profit to cause the Author to suffer for the same IT would also be over-severe in Laws to XII Nor minute Lapses punish the most minute Lapses in the actions of men when in the condition of our Natures the greatest attention cannot prevent them THERE are many instances of Actions XIII And other Actions more of which the publick Laws dissemble the taking of any Notice for the peace of the Nation As sometimes because a good Act shines with greater glory by being wrought without sight of a Constraint or perhaps it is not altogether worth the troubling of Judges and Courts about it Or it is a matter extraordinarily difficult to be decided or some old inveterate Evil which cannot be removed without causing a Convulsion in the State ADD hereunto the Vices of the mind XIV Nor the Vices of the Mind flowing from the common corruption that reigns in the World as Ambition Avarice Rudeness Ingratitude Hypocrisie Envy Pride Anger private Grudges and the like All these of necessity must be exempted from the cognisance of humane Judicatures so long as they break not out into publick Enormities seeing they abound to that degree that if you should severely pursue them with Punishments there would be no people left to be commanded FURTHER When there have been XV. Of Pardons Crimes committed which are punishable by the Civil Judicature it is not always necessary to exert the execution of Justice upon them For in some cases a Pardon may possibly be extended to Criminals with a great deal of reason as it never ought to be granted without it and amongst other Reasons these especially may be some That the Ends which are intended by Punishments seem not so necessary to be attended in the case in question where a Pardon may produce more good than
Society And this too is very evident in the Prohibitory Precepts which relate to the Natural not Positive Law For altho every Command does virtually contain in itself a Prohibition of the opposite Vice as for instance he that is commanded to love his Neighbour is at the same time forbidden to do such Actions as may any ways thwart or contradict this Duty of Love yet it seems superfluous that these things should be ordain'd by express Commands where there are no disorderly Inclinations to excite Men to the committing such Wrongs For the Illustration of which this may be taken notice of that Solon would by no Publick Law enact any Punishment for Parricides because he thought that no Child could be guilty of so horrid an Impiety The like whereof we may find in what is reported by Francis Lopez in his History of the West-Indies Chap. 207. concernning the People of Nicaragua he tells us that they had not appointed any Punishment for those who should kill their Prince because say they there can be no Subject who would contrive or perpetrate so base an Action I am afraid it may savour too much of Affectation to enlarge any farther in the Proof of what is in itself so clear and evident Yet I shall add this one Example fitted to the meanest Capacity Suppose there are two Children but of different Dispositions committed to the Care of a certain Person One whereof is Modest and Bashful taking great Delight in his Studies the other proves Unruly Surly giving himself over more to loose Pleasures than to Learning Now the Duty of both of these is the same to follow their Studies but the particular Precepts proper to each are different for it is sufficient to advise the former to what kind of Studies he must apply himself at what time and after what manner they are to be followed But as for the other he must be enjoyned under severe Penalties not to wander abroad not to Game not to sell his Books not to get others to make his Exercises not to play the good Fellow not to run after Harlots Now if any one should undertake in a set Discourse to declaim against these things to him of the contrary Temper the Child may very well enjoyn him Silence and bid him inculcate them to any Body else rather than to him who takes no Delight or Pleasure in such Practices From whence I look upon it as manifest that the Law of Nature would have a quite different Face if we were to consider Man as he was in his Primitive State of Innocence And now since the Bounds and Limits of this Science whereby it is distinguished from Moral Divinity are so clearly set down it ought at least to have the same Priviledges with other Sciences as the Civil Law Physick Natural Philosophy and the Mathematicks wherein if any Unskilful Person presum'd to meddle assuming to himself the Quality of a Censor without any Authority he may fairly have that objected to him which was formerly done by Apelles to Megabyzus who undertook to talk at random about the Art of Painting Pray said he be silent lest the Boys laugh at you who pretend to talk of Matters you do not understand Now upon the whole I am contented to submit my self to the Judgment of Discreet and Intelligent Persons but as for Ignorant and Spiteful Detracters 't is better to leave them to themselves to be punished by their own Folly and Malice since according to the Ancient Proverb The Ethiopian cannot change his Skin CONTENTS BOOK I. Chap. I. OF Human Actions Pag. 1. II. Of the Rule of Human Actions or of Laws in general 25 III. Of the Law of Nature 33 IV. Of the Duty of Man towards God or concerning Natural Religion 50 V. Of the Duty of Man towards himself 64 VI. Of the Duty of one Man towards another and first of doing no Injury to any Man 88 VII The Natural Equality of Men to be acknowledged 98 VIII Of the mutual Duties of Humanity 105 IX The Duty of Men in making Contract 112 X. The Duty of Men in Discourse 131 XI The Duty of those that take an Oath 138 XII Duties to be observed in acquiring Possession of Things 145 XIII The Duties which naturally result from Man's Property in Things 160 XIV Of the Price and Value of Things 164 XV. Of those Contracts in which the Value of things is presupposed and of the Duties thence arising 174 XVI The several Methods by which the Obligations arising from Contracts are dissolv'd 191. XVII Of Meaning or Interpretation 196 BOOK II. Chap. I. OF the Natural State of Men. 207 II. Of the Duties of the married State 220 III. The Duty of Parents and Children 228 IV. The Duties of Masters and Servants 237 V. The impulsive Cause of Constituting Communities 241 VI. Of the internal Frame and Constitution of any State or Government 249 VII Of the several Parts of Government 259 VIII Of the several Forms of Government 265 IX The Qualifications of Civil Government 273 X. How Government especially Monarchical is acquired 276 XI The Duty of supreme Governours 283 XII Of the special Laws of a Community 293 XIII Of the Power of Life and Death 299 XIV Of Reputation 310 XV. Of the Power of Governours over the Goods of their Subjects 316 XVI Of War and Peace 319 XVII Of Alliances 329 XVIII The Duty of Subjects 333 Written by the same AUTHOR and Translated by J. C. THE History of Popedom containing an Account of the Rise Progress and Decay thereof Sold by C. Harper at the Flower-de-luce over against S. Dunstan's Church in Fleetstreet and J. Hindmarsh at the Golden Ball over against the Royal Exchange Cornhill THE Whole Duty of Man According to the LAW of NATURE BOOK I. CHAP. I. Of Human Actions WHAT we mean here by I. What is Duty the word Duty is that Action of a Man which is regularly ordered according to some prescribed Law so far as he is thereto obliged To the understanding whereof it is necessary to premise somewhat as well touching the nature of a Human Action as concerning Laws in general BY a Human Action we mean not II. What a Human Action every motion that proceeds from the faculties of a Man but such only as have their Original and Direction from those faculties which God Almighty has endow'd Mankind withal distinct from Brutes that is such as are undertaken by the Light of the Vnderstanding and the Choice of the Will FOR it is not only put in the power III. Human Capacity of Man to know the various things which appear in the World to compare them one with another and from thence to form to himself new Notions but he is able to look forwards and to consider what he is to do and to carry himself to the performance of it and this to do after some certain Manner and to some certain End and then he can collect what will be the
in this state it is apt to procure an Abhorrence rather than a favourable Interpretation of what is done by its Impulse NOW of Human Actions as those are XVI Actions Involuntary called Voluntary which proceed from and are directed by the Will so if any thing be done wittingly altogether against the Will these are call'd Involuntary taking the word in the narrowest sense for taking it in the largest it comprehends even those which are done through Ignorance But Involuntary in this place is to signifie the same as forc'd that is when by an external Power which is stronger a man is compell'd to use his Members in any Action to which he yet signifies his Dissent and Aversion by Signs and particularly by counterstriving with his Body Less properly those Actions are also called Involuntary which by the Imposition of a great Necessity are chosen to be done as the lesser Evil and for the Acting whereof the person had the greatest abomination had he not been set under such Necessity These Actions therefore are called mixt With Voluntary Actions they have this in common that in the present State of things the Will chuses them as the lesser Evil. With the Involuntary they are after a sort the same as to the Effect because they render the Agent either not at all or not so heinously blameable as if they had been done spontaneously THOSE Human Actions then which XVII Voluntary Actions imputable proceed from and are directed by the Vnderstanding and the Will have particularly this natural Propriety that they may be imputed to the Doer that is that a Man may justly be said to be the Author of them and be obliged to render an Account of such his Doing and the Consequences thereof whether good or bad are chargeable upon him For there can be no truer reason why any Action should be imputable to a Man than that he did it either mediately or immediately knowingly and willingly or that it was in his power to have done the same or to have let it alone Hence it obtains as the prime Axiom in matters of Morality which are liable to the Human Forum That every man is accountable for all such Actions the performance or omission of which were in his own Choice Or which is tantamount That every Action capable of human direction is chargeable upon him who might or might not have done it So on the contrary no man can be reputed the Author of that Action which neither in itself nor in its cause was in his Power FROM these Premises we shall deduce XVIII Conclusions from the Premises some particular Propositions by which shall be ascertain'd What every man ought to be accountable for or in other words which are those Actions and Consequences of which any one is to be charged as Author NONE of those Actions which are The first Conclusion done by another man nor any operation of whatsoever other things neither any Accident can be imputable to another person but so far forth as it was in his Power or as he was obliged to guide such Action For nothing is more common in the world than to subject the Doings of one Man to the Manage and Direction of another Here then if any thing be perpetrated by one which had not been done if the other had performed his Duty and exerted his Power this Action shall not only be chargeable upon him who immediately did the fact but upon the other also who neglected to make use of his Authority and Power And yet this is to be understood with some restriction so as that Possibility may be taken morally and in a large sense For no Subjection can be so strict as to extinguish all manner of liberty in the person subjected but so that 't will be in his Power to resist and act quite contrary to the direction of his Superior neither will the state of Human Nature bear that any one should be perpetually affix'd to the side of another so as to observe all his motions Therefore when a Superiour has done every thing that was required by the Rules of his Director-ship and yet somewhat is acted amiss this shall be laid only to the charge of him that did it Thus whereas Man exercises dominion over other Animals what is done by them to the detriment of another shall be charg'd upon the Owner as supposing him to have been wanting of due Care and Circumspection So also all those Mischiefs which are brought upon another may be imputed to that person who when he could and ought yet did not take out of the way the Cause and Occasion thereof Accordingly it being in the power of Men to promote or suspend the Operations of many Natural Agents whatsoever Advantage or Damage is wrought by these they shall be accountable for by whose application or neglect the same was occasion'd Beside sometimes there are extraordinary Cases when a man shall be charg'd with such Events as are above human Direction as when God shall do particular Works with regard to some single person These and the like Cases being excepted for all the rest it suffices if a Man can give an Account of his own doings WHATSOEVER Qualifications a XIX The second Conclusion Man hath or hath not which it is not in his power to exert or not to exert must not be imputed to him unless so far as he is wanting in Industry to supply such Natural Defect or does not rowse up his native Faculties So because no man can give himself an Acuteness of Judgment and Strength of Body therefore no one is to be blamed for want of either or commended for having them except so far as he improv'd or neglected the cultivating thereof Thus Clownishness is not blameable in a Rustic but in a Courtier or Citizen And hence it is that those Reproaches are to be judg'd extremely absurd which are grounded upon Qualities the Causes of which are not in our power as Short Stature a deform'd Countenance and the like THOSE things which are done XX. The third Conclusion through invincible Ignorance are not imputable Because we cannot properly direct our Action unless by the Light of the Understanding and 't is here supposed Man is unable to procure such Light neither are we to blame that we cannot Now in the common affairs of Life the word Possible is to be morally understood and by Ability is meant that Faculty Diligence and Circumspection which is commonly judg'd to suffice and which is well supported with probable reasons Ignorance of or Error concerning the XXI The fourth Conclusion Laws and that Duty which is incumbent upon every man does not excuse from blame For whosoever imposes Laws and Services is wont and ought to take care that the Subject have notice thereof And these Laws and Rules of Duty generally are and should be ordered to the Capacity of such Subject if they are such as he is oblig'd to know and remember
actually drive another way yet we find our selves hereby struck as it were with an internal Sense that if our Action be not perform'd according to the prescript Rule we cannot but confess we have not done right and if any mischief happen to us upon that account we may fairly charge our selves with the same because it might have been avoided if the Rule had been follow'd as it ought AND there are two reasons why Man IV. Man subject to Obligation should be subject to an Obligation one is because he is endow'd with a Will which may be divers ways directed and so be conform'd to a Rule the other because Man is not exempt from the power of a Superior For where the Faculties of any Agent are by Nature form'd only for one way of acting there 't is to no purpose to expect any thing to be done of choice and to such a Creature 't is in vain to prescribe any Rule because 't is uncapable of understanding the same or conforming its actions thereto Now if there be any one who has no Superior then there is no power that can of right impose a Necessity upon him and if he perpetually observes a certain Rule in what he does and constantly abstains from doing many things he is not to be understood to act thus from any Obligation that lay upon him but from his own good pleasure It will follow then that He should be capable of Obligation who has a Superior and is able to understand the Rule prescribed and is endued with a Will which may be directed several ways and yet which when the Law is promulg'd by his Superior knows he cannot rightly depart therefrom And with all these Faculties 't is plain Mankind is furnish'd AN Obligation is superinduc'd upon V. Who can oblige the Wills of Men properly by a Superior that is not only by such a one as being greater or stronger can punish Gainsayers but by him who has just reasons to have a power to restrain the Liberty of our Will at his own pleasure Now when any man has either of these as soon as he has signified what he would have it necessarily stirs up in the mind of the party concern'd Fear mixt with Reverence towards the first in contemplation of his Power and toward the second for the sake of those other Reasons which even without Fear ought to allure any man to a compliance with his Will For he that can give me no other reason for putting me under an Obligation against my Will beside this that he 's too strong for me he truly may so terrifie me that I may think it better to obey him for a while than suffer a greater Evil but when this Fear is over nothing any longer hinders but that I may act after my own choice and not his On the contrary he that has nothing but Arguments to prove that I should obey him but wants Power to do me any Mischief if I deny I may with Impunity slight his commands except one more potent take upon him to make good his despised Authority Now the Reasons upon which one man may justly exact Subjection from another are If he have been to the other the Original of some extraordinary Good and if it be plain that he designs the others Welfare and is able to provide better for him than 't is possible for himelf to do and on the same account does actually lay claim to the Government of him and lastly if any one does voluntarily surrender his Liberty to another and subject himself to his Direction FURTHERMORE that a Law may VI. The Legislator and the true meaning of the Law to be known exert its force in the minds of those to whom it is promulg'd it is required that both the Legislator and the Law also be known For no man can pay obedience if he know not whom he is to obey and what he is to perform Now the knowledge of the Legislator is very easie because from the light of Reason 't is certain the same must be the Author of all the Laws of Nature who was the Creator of the Vniverse Nor can any man in Civil Society be ignorant who it is that has power over him Then for the Laws of Nature it shall be hereafter declared how we come to the knowledge of them And as to the Laws of a mans Country or City the Subject has notice given of them by a Publication plainly and openly made In which these two things ought to be ascertain'd that the Author of the Law is he who hath the supreme Authority in the Community and that this or that is the true meaning of the Law The first of these is known if he shall promulge the Law with his own Mouth or deliver it under his own Hand or else if the same be done by such as are delegated to that purpose by him whose Authority 't is in vain to call in question if it be manifest that such their acting belongs to that Office they bear in the Publick and that they are regularly plac'd in the Administration thereof if these Laws are to be put judicially in Execution and if they contain nothing derogatory to the Sovereign Power That the latter that is the true Sense of the Law be known it is the Duty of those who promulge it in so doing to use the greatest Perspicuity and Plainness and if any thing obscure do occur therein an Explanation is to be sought of the Legislator or of those who are publickly constituted to give judgment according to Law OF every perfect Law there are two VII Two parts of a perfect Law parts One whereby it is directed what is to be done or omitted the other wherein is declared what punishment he shall incur who neglects to do what is commanded or attempts that which is prohibited For as through the Pravity of Human Nature ever inclining to things forbidden it is to no purpose to say Do this if no Punishment shall be undergone by him who disobeys so it were absurd to say You shall be punish'd except some reason preceded by which a Punishment was deserv'd Thus then all the force of a Law consists in signifying what the Superior requires or forbids to be done and what Punishment shall be inflicted upon the Violators But the power of obliging that is of imposing an intrinsick Necessity and the power of forcing or by the proposal of Punishments compelling the Observation of Laws is properly in the Legislator and in him to whom the Guardianship and Execution of the Laws is committed WHATSOEVER is enjoyn'd by any VIII Other Essentials Law ought not only to be in the power of him to perform on whom the Injunction is laid but it ought to contain somewhat advantageous either to him or others For as it would be absurd and cruel to exact the doing of any thing from another under a Penalty which it is and always was beyond his power to
perform so it would be silly and to no purpose to put a restraint upon the natural Liberty of the Will of any man if no one shall receive any benefit therefrom BUT though a Law does strictly include IX Power of Dispensing all the Subjects of the Legislator who are concern'd in the matter of the same and whom the said Legislator at first intended not to be exempted yet sometimes it happens that particular persons may be clear'd of any obligation to such Law and this is call'd Dispensing But as he only may dispense in whose power it is to make and abrogate the Law so great care is to be taken lest by too frequent Dispensations and such as are granted without very weighty reasons the Authority of the Law be shaken and occasion be given of Envy and Animosities among Subjects YET there is a great difference between X. Equity Equity and Dispensing Equity being a Correction of that in which the Law by reason of its General Comprehension was deficient or an apt Interpretation of the Law by which it is demonstrated that there may be some peculiar Case which is not comprized in the Vniversal Law because if it were some Absurdity would follow For it being impossible that all Cases by reason of their infinite Variety should be either foreseen or explicitely provided for therefore the Judges whose office it is to apply the general Rules of the Laws to special Cases ought to except such from the Influence of them as the Lawgiver himself would have excepted if he were present or had foreseen such Cases NOW the Actions of men obtain certain XI Actions allowable good and bad Qualities and Denominations from their relation to and agreement with the Law of Morality And all those Actions concerning which the Law has determin'd nothing on either side are call'd allowable or permitted Altho sometimes in ordinary Law-Cases where all matters cannot be examin'd with the greatest accuracy those things are said to be allowable upon which the Law has not assign'd some Punishment though they are in themselves repugnant to Natural Honesty And then those Actions which are consonant to the Law are good those that are contrary to it are call'd bad But that any Action should be good 't is requisite that it be exactly agreeable in every point to the Law whereas it may be evil if it be deficient in one point only As for Justice it is sometimes the Attribute XII Justice of Persons of Actions sometimes of Persons When it is attributed to Persons 't is usually defin'd to be A constant and perpetual desire of giving every one their own For he is call'd a just man who is delighted in doing righteous things who studies Justice and in all his Actions endeavours to do that which is right On the other side the unjust man is he that neglects the giving every man his own or if he does 't is not because 't is due but from expectation of Advantage to himself So that a just man may sometimes do unjust things and an unjust man that which is just But the just does that which is right because he is so commanded by the Law and acts the contrary only through Infirmity whereas the wicked man does a just thing for fear of the Punishment which is the Sanction of the Command but he acts wrongfully from the naughtiness of his heart BUT when Justice is attributed to XIII Of Actions Actions then it is nothing else but a right application of the same to the Person And a just Action done of choice or knowingly and wittingly is applied to the person to whom it is due So that the Justice of Actions differs from Goodness chiefly in this that the latter simply denotes an agreement with the Law whereas Justice also includes the regard they have to those persons upon whom they are exercised Upon which account Justice is called a Relative Virtue MEN do not generally agree about XIV Division of Justice the Division of Justice The most receiv'd Distinction is into Vniversal and Particular The first is when every Duty is practised and all right done to others even that which could not have been extorted by force or by the rigor of Law The latter is when that Justice only is done a man which in his own right he could have demanded and this is wont to be again divided into Distributive and Commutative The Distributive takes place in Contracts made between a Society and its Members concerning fair partition of Loss and Gain according to a rate The Commutative is mostly in Bargains made upon even hand about things and doings relating to Traffick and Dealing KNOWING thus what Justice is XV. Injustice what 't is easie to collect what is Injustice Where it is to be observ'd that such an unjust Action is called Wrong-doing which is premeditately undertaken and by which a violence is done upon somewhat which of absolute right was another mans due or which by like right he one way or other stood possess'd of And this Wrong may be done after a threefold manner 1. if that be denied to another which in his own right he might demand not accounting that which from Courtesie or the like Virtue may be anothers due or 2. if that be taken away from another of which by the same right then valid against the Invader he was in full possession or 3. if any damage be done to another which we had not authority to do to him Beside which that a man may be charg'd with Injustice it is requisite that there be a naughty mind and an evil design in him that acts it For if there be nothing of these in it then 't is only call'd Misfortune or a Fault and that is so much slighter or more grievous as the Sloth and Negligence which occasion'd it was greater or less LAWS with respect to their Authors XVI Laws distinguisht are distinguish'd into Divine and Humane that proceeds from God and this from Men But if Laws be considered as they have a necessary and universal Congruity with Mankind they are then distinguisht into Natural and Positive The former is that which is so agreeable with the rational and sociable Nature of Man that honest and peaceable Society could not be kept up amongst Mankind without it Hence it is that this may be sought out and the knowledge of it acquir'd by the light of that Reason which is born with every man and by a consideration of Human Nature in general The latter is that which takes not its rise from the common condition of Human Nature but only from the good pleasure of the Legislator not that this ought to be without its reason but should carry with it advantage to those men or that Society for which it is design'd Now the Law Divine is either Natural or Positive but all Human Laws strictly taken are Positive CHAP. III. Of the Law of Nature THAT man who has
Though this is taken care for in most Common-Wealths by Laws prescribing a certain Term of years to all in general and in many places it is become a commendable Custom to set these under the Guardianship of wiser men whose Authority must be had to any Contracts they make till the others youthful Rashness be a little abated For persons of this Age however perhaps they may well enough understand what they do yet are prone to act with overmuch Eagerness and Imprudence and to be too free of their Promises having great Assurance desiring to be accounted Liberal apt to be obstinate in the choice of their Companions and not inclin'd to Wariness and necessary Distrust So that he can hardly pass for an honest man who makes any advantage of the Easiness of this Age and would gain by the losses of young people who for want of Experience could not foresee or place a true estimate thereon CONSENT also may be rendred invalid XII Mistake in Contracts by a Mistake or Error Concerning which these Rules are to be observ'd 1. That when to my Promise some Condition is supposed without the consideration whereof I should not have made such Promise the same shall without the other have no Obligation upon me For in this Case the Promiser does not engage absolutely but upon a Condition which not being made good the Promise becomes null and void 2. If I am drawn into a Bargain or Contract by a Mistake which Mistake I find before as we use to say Bulk is broke or any thing done in order to the Consummation thereof it is but Equity that I should be at liberty to retract especially if upon the Contract making I plainly signified for what Reason I agreed to it and that the other party suffers no damage by my going off from my Bargain or if he does that I am ready to make Reparation But when as was said afore Bulk is broke and the Mistake is not found till the Covenant is either wholly or in part already perform'd the party who was under an Error cannot retract any farther than the other shall of Courtesie release to him 3. When a Mistake shall happen concerning the Thing which is the Subject of the Contract such Contract is invalid not for the sake of the Mistake but because the Bargain is not made good For in Bargains of this nature the Thing and all its Qualifications ought to be known without which knowledg a fair Agreement cannot be supposed to be made So that he who is like to suffer wrong by any Defect therein either may throw up his Bargain or force the other to make the Thing as it should be or else to pay him the Value if it happen'd through his Knavery or Negligence BUT if a man be drawn into a Promise XIII Guileful Contracts or Bargain by the Craft and fraudulent means of another then the matter is thus to be consider'd 1. If a third man were guilty of the Cheat and the party with whom the Bargain is driven was not concern'd in it the Agreement will be valid but we may demand of him who practised the Knavery so much as we are losers by being deceived 2. He who knavishly procures me to promise or contract with him shall not set me under any Obligation 3. If a man will indeed come freely with a plain design to drive a Bargain but in the very Action shall have a Trick put upon him suppose in the Thing bargain'd for its Qualities or Value the Contract shall be so far naught as to leave it in the power of him who is deceived either to relinquish his Bargain or to require satisfaction for his loss 4. If unfair dealing chance to be used in some things not essential to the business and which were not expresly under regard this weakens not the Agreement if for the rest it be regularly made though perhaps one party might have an eye to it whilst he bargain'd and his Opinion might be cunningly cherish'd till the Contract were perfectly transacted WHENSOEVER Fear is to be consider'd XIV Contracts suspicious in Promises or Bargains it is twofold and may either be called a probable Suspicion lest we should be deceived by another and this because he is one who is very much addicted to unjust practices or has sufficiently intimated his fraudulent design or else a panic Terror of the Mind arising from some grievous Mischief threatned except we make such a Promise or Contract Concerning the first sort of Fear or Mistrust rather these things are to be observed 1. He who trusts the Engagements of one who is notoriously negligent of his Word and Troth acts very imprudently but for that reason only can have no remedy but shall be obliged 2. When a Bargain is made and no new Indications appear of any knavish design the same shall not be invalidated by any objection of Faults which were sufficiently known before the Agreement For that Reason which could not hinder the making of the Bargain cannot excuse the fulfilling of it 3. Where after the Bargain made it appears plainly that the other person intends to clude his part of the Contract as soon as I have perform'd mine here I cannot be forc'd to comply first till I am secure of a performance on the other side As for the other sort of Fear these XV. Contracts through Fear Rules are to be observed 1. Contracts entred into through Fear occasion'd by a third man shall be valid for there is no defect in the other party to the Bargain but he may recover of me what is his due beside that he is well worthy a Recompence if by his Interposition he have deliver'd me from Fear of that other 2. All such Covenants as are made out of Fear or Reverence of our lawful Superiours or by the Awe we have for those to whom we are very much beholden shall be firm and good 3. Those Bargains which are wrongfully and forcibly extorted from a man by the person to whom the Promise or Agreement is made are invalid For the Violence he unjustly uses to set me under that Fear renders him uncapable of pretending to any Right against me on account of such Action of mine And whereas in other Cases every man is bound to Reparation of what Wrong he shall do to another this Restitution to which he is bound is understood as it were to take off any Obligation from such Promise since if what was promised were paid it ought to be immediately restor'd MOREOVER not only in Contracts XVI Consent mutual but in Promises the Consent ought to be reciprocal that is both the Promiser and he to whom the Promise is made must agree in the thing For if the latter shall not consent or refuse to accept of what is offered the thing promised remains still in the power of the Promiser For he that makes an offer of any thing cannot be supposed to intend to force it upon one
that is unwilling to receive it nor yet to quit his own title to it therefore when the other denies acceptance he who proffer'd it loses nothing of his Claim thereto If the Promise was occasion'd by a Request before made the same shall be accounted to oblige so long as till such Request be expresly revok'd for in that case the thing will be understood to be accepted beforehand provided yet that what is offer'd be proportion'd to what was desir'd For if it be not then an express Acceptance is requisite because it may often do me no good to answer my Request by halves AS for the Matter of our Promises XVII Impossible Engagements and Contracts it is absolutely necessary that what we promise or make a bargain for be in our power to make good and that so to do be not prohibited by any Law otherwise we engage our selves either foolishly or wickedly Hence it follows that no man is oblig'd to do things impossible But if it be a thing which at the time of the Bargain-making was possible and yet afterwards by some Accident without any fault of the Contracter became altogether impossible the Contract shall be null if there be nothing as yet done in it but if one party have perform'd somewhat towards it what he has advanc'd is to be restor'd to him or an Equivalent given and if this cannot be done by all means it is to be endeavour'd that he suffer no loss thereby For in Contracts that is principally to be regarded which was expresly in the Bargain if this cannot be obtain'd it must suffice to give an Equivalent but if neither can this be had at least the utmost care is to be taken that the party undergo no Damage But where any man shall designedly or by some very blameable miscarriage render himself uncapable of making good his part of the Bargain he is not only oblig'd to use his utmost endeavour but ought also to be punish'd as it were to make up the amends IT is also manifest that we cannot set XVIII Vnlawful Engagements our selves under any obligation to perform what is unlawful For no man can engage himself farther than he hath lawful Authority so to do But that Legislator who prohibits any Action by a Law takes away all legal power of undertaking it and disables any man from obliging himself to perform it For it would imply a Contradiction to suppose that from a Duty enjoin'd by the Laws should flow an Obligation to do that which the same Laws forbid to be done So that he transgresses who promises to do what is unlawful but he is doubly a Transgressor who performs it Hence also it follows that neither are those Promises to be kept the observation of which will be mischievous to him to whom they are made because it is forbidden by the Law-Natural to do hurt to any man even though he do foolishly desire it And if a Contract be made to do some filthy and base thing neither shall be oblig'd to fulfil it If such filthy thing be done by one party pursuant to the Bargain the other shall not be bound to give the Reward agreed for but if any thing be already given on that account it cannot be demanded again AND then it is plain that such Engagements XIX Engagements concerning other men c. and Bargains as we shall make of what belongs to other men are altogether insignificant so far as they are not ours but subject to the Will and Direction of others But if I promise thus I will use my endeavour that such a man always supposing him to be one not absolutely under my command shall do so or so then I am oblig'd by all methods morally possible that is so far as the other can fairly request of me and as will consist with Civility to take pains to move that person to perform what is desired Nay we cannot promise to a third man things in our own possession or Actions to be done by our selves to which another has acquir'd a Right unless it be so order'd as not to be in force till the time of that others Claim is expir'd For he who by antecedent Pacts or Promises has already transferred his Right to another has no more such Right left to pass over to a third person And all manner of Engagements and Bargains would be easily eluded if a man after having contracted with one might be at liberty to enter a Treaty with another wherein Disposals should be made contrary to the first Agreement and with which it is impossible this should consist Which gives foundation to that known Rule First in time prior in Right BESIDE all which it is to be chiefly XX. Conditions various observed concerning Promises that they are wont to be made positively and absolutely or conditionally that is when the Validity thereof relies upon some Event depending on Chance or the Will of Man Now Conditions are either possible or impossible and the former are subdivided into Casual or fortuitous which we cannot cause to be or not to be or Arbitrary or such as are in the power of him to whom the Promise is made that they are or are not comply'd with or else Mixt the fulfilling of which depends partly on the Will of the person receiving the Promise and partly on Chance Impossible Conditions are either such as are naturally or morally so that is some matters are by the Nature of things not capable of being done others are forbidden by the Laws and Rules of Morality and as for these impossible Conditions if we follow the downright way of judging concerning them they bring a Negative sense upon the Promissory words though 't is true by Laws it may be provided that if they are annex'd to a serious business the Pact may remain good rejecting these Conditions as if they had never been made that so men may not have busied themselves about that which otherwise can signifie nothing Lastly WE promise and contract not XXI Mediatory Contracts only in our own persons but oftentimes by the Mediation of other men whom we constitute the Bearers and Interpreters of our Intentions by whose Negotiations if they deal faithfully by us in following the Instructions we gave we are firmly oblig'd to those persons who transacted with them as our Deputies AND thus we have done with the Absolute XXII Conclusion Duties of Man and with those by which we pass to the other The rest do all presuppose some Human Institution founded upon a Vniversal Agreement and so introduc'd into the World or else some peculiar State or Condition And of this sort of Institutions there are three chiefly to be insisted on to wit Speech or Discourse Propriety and the Value of things and the Government of Mankind Of each of these and of the Duties arising there-from we shall next discourse CHAP. X. The Duty of men in Discourse HOW useful and altogether necessary I. General Rule
be restrain'd inasmuch as such Absurdity would thence otherwise arise 2. From Want of that Reason which might chiefly cause him to be of that mind Hence in a General Expression those Cases are not comprehended which do no ways agree with the Sole and Adequate Reason of the Law 3. From Defect of Matter which always he that speaks is suppos'd to have consider'd And therefore all those General Words are to be regarded with relation to the same NOW that an emergent State of Things XII Emergent Cases is repugnant to the Intention of the Person who made the Constitution may be discover'd either from Natural Reason or else from some declared mark and Signification of his Meaning The First happens when we must exclude Equity if some certain Cases be not exempted from the Universal Law For Equity is the Correcting of what is defective in the Law by reason of its Vniversality And because all Cases could neither be foreseen nor set down because of the infinite variety of them therefore when General Words are apply'd to special Cases those Cases are to be look'd upon as Exempt which the Lawgiver himself would likewise have exempted if he had been consulted upon such a Case But we must not have recourse to Equity unless there be very sufficient Grounds for it The Chiefest of which is if it be evident that the Law of Nature would be violated if we follow too closely the Letter of that Law The next Ground of Exception is that tho it be not indeed unlawful to keep to the very words of the Law yet if upon an impartial consideration the Thing should seem too grievous and burdensom either to Men in General or to some certain Persons or else if the Design be not of that Value as to be purchas'd at so dear a Rate Lastly AN Exception is to be made XIII Exception with regard to Time from a General Expression if Words put in another Place are not indeed directly opposite to the present Law oâ— Agreement but by reason of some Circumstance in Time pro hic nunc cannot be observ'd all at once Here therefore some certain Rules are to be taken notice of in order to understand what Law in that Case when both cannot be observed at the same Time is to be prefer'd 1. That which is only permitted is to give place to what is enjoin'd 2. What must be done at some certain Time is to be prefer'd to that which may be done at any time 3. An Affirmative Precept gives place to the Negative or when the Affirmative Precept cannot be observ'd without the Violation of the Negative the Performance of the former is to be omitted for the present 4. Among Agreements and Laws which are otherwise of equal Authority a Particular is to be prefer'd before a General one 5. Of two Covenants made together at one and the same Time whereof the One is founded upon more honourable and beneficial Reasons than the other it is but equal that the Former should take place of the Latter 6. A Covenant or Contract that is confirm'd by an Oath takes place of one which is not so when both cannot be observ'd at the same time 7. An Imperfect Obligation gives place to that which is perfect 8. The Duty of Beneficence all circumstances rightly compared gives place to the Duty of Gratitude THE Whole Duty of Man According to the LAW Of NATURE BOOK II. CHAP. I. Of the Natural State of Men. IN the next place we are to enquire I. Condition of Man concerning those Duties which are incumbent upon a Man with regard to that particular State wherein he finds himself ordained by Providence to live in the World What we mean by such State is in general that Condition or Degree with all its Relatives in which men being placed they are therefore supposed to be obliged to those or these Performances And such State whatever it be has some peculiar Rights and Offices thereunto belonging THE State of Man then may be distinguish'd II. Twofold Natural and Adventitious into either Natural or Adventitious The Natural State by the help of the Light of Natural Reason alone is to be considered as threefold either as it regards God our Creator or as it concerns every single man as to Himself or as it affects other men concerning all which we have spoken before THE Natural State of Man consider'd III. Natural State threefold First in the first mention'd way is that Condition wherein he is plac'd by the Creator pursuant to his Divine Will that he should be the most excellent Animal in the whole Creation From the consideration of which State it follows that Man ought to acknowledge the Author of his Being to pay him Adoration and to admire the Works of his hands and moreover to lead his Life after a different manner from that of the Brutes So that the contrary to this State is the Life and Condition of Brutes IN the second way we may contemplate IV. Second the Natural State of Man by seriously forming in our minds an Idea of what his Condition would be if every one were left alone to himself without any help from other men especially considering the present Circumstances under which we at this time find Humane Nature Which would certainly be much more miserable than that of a Beast if we think with our selves with what weakness man enters this World so that he must immediately perish except he be sustained by others and how rude a Life he must lead if he could procure nothing for himself but by means of his own single Strength and Skill But 't is plain that we owe it all to the aid of other persons that we are able to pass through so many Infirmities from our Infancy to Manhood that we enjoy an infinite number of Conveniences that we can improve our Minds and Bodies to such a degree as to be useful to our selves and our Neighbour And in this sense the Natural State is opposed to a Life not cultivated by the Industry of men AFTER the third way we are to regard V. Third the Natural State of Man according as Men are understood to stand in respect to one another merely from that common Alliance which results from the Likeness of their Natures before any mutual Agreement made or other Deed of Man perform'd by which one could become obnoxious to the Power of another In which Sense those are said to live reciprocally in a State of Nature who acknowledge no common Superior and of whom none can pretend Dominion over his fellow and who do not render themselves known to each other either by the doing or good turns or injuries And this State in this Sense distinguishes it self from the Condition of Man in a Community MOREOVER the Property of this VI. Consider'd again two ways Natural State may be consider'd either as it is represented to us Notionally and by way of Fiction or as it
Trust in order to Cohabitation in the Family between the Victor and the vanquish'd person all past Hostility is to be accounted as forgiven And then the Master does wrong even to a Servant thus acquir'd if he allow him not Necessaries for Life or exercise Cruelty to him without cause and much more if he take â—o way his Life when he has committed no fault to deserve it IT is also the Practice to pase away on V. Alienable Property in such Slaves who are taken in War or bought with our Mony to when we please after the same manner as we do our other Goods and Commodities So that the Body of such Servant is holden to be a Chattel of his Master And I yet here Humanity bids us not to forget that this Servant is a Man however and therefore ought not to be treated as we do our Moveables use 'em or abuse 'em oâ— destroy 'em as willist And when we all minded to part with him we ought not to deliver him into the hands of such as we know will abuse him inhumanely and undeservedly Lastly IT is every where allow'd that VI. Off-spring of Slaves the Progeny of Parents who are Bondmen are also in a Servile State and belong 〈◊〉 Slaves to the Owner of their Mother Which is justified by this Argument that whosoever is Proprietor of the Body is also Proprietor of whatsoever is the Product thereof and because such Issue had never been born if the Master had executed the Rigor of War upon the Parent and for that the Parent having nothing she can call her own the Off spring cannot otherwise be brought up but at her Masters charge Whereas therefore the Master afforded such Infant Nourishment long before his Service could be of any use to him and whereas all the following Services of his Life could not much exceed the value of his Maintenance he is not to leave his Master's Service without his Consent But 't is manifest that since these Bondmen came into a State of Servitude not by any fault of their own there can be no Pretence they should be otherwise dealt withal than as if they were in the condition of perpetual hired Servants CHAP. V. The Impulsive Cause of Constituting Communities ALTHOUGH there be hardly any Delight I. This Enquiry necessary or Advantage but what may be obtain'd from those Duties of which we have already discours'd It remains nevertheless that we enquire into the Reasons why Men not contenting themselves with those Primitive and small Societies have founded such as are more Ample call'd Communities For from these Grounds and Foundations is to be deduc'd the Reason of those Duties which merely relate to this Civil State of Mankind HERE therefore it suffices not to say II. Difficulty herein that Man is by Nature enclin'd to Civil Society so as he neither can nor will live without it For since indeed it is Evident that man is such a kind of Creature as has a most tender Affection for himself and his own Good it is manifest that when he so earnestly seeks after Civil Society he respects some particular Advantage that will accrew to him thence And although without Society with his Fellow-Creatures Man would be the most miserable of all Creatures yet since the Natural Desires and Necessities of Mankind might be abundantly satisfied by those Primitive kind of Societies and by those Duties to which we are oblig'd either by Humanity or Contracts it cannot immediately be concluded from this Natural Society between Man and Man that his Nature and Temper does directly encline him to the forming of Civil Communities WHICH will more evidently appear III. Twofold Enquiry if we consider what Condition Mankind is plac'd in by the Constitution of Civil Communities What is requir'd that he may be truly said to be a Political Animal or Good Patriot and Subject and lastly what Aversion may be discover'd in the Nature of Man to living in such Civil Community WHOSOEVER becomes a Subject IV. Natural State immediately loses his Natural Liberty and submits himself to some Authority which is vested with the Power of Life and Death and by the Commands of which many Things must be done which otherwise he would have been no ways willing to do and many Things must be let alone to which he had a strong Inclination Besides most of his Actions must terminate in the Publick Good which in many Cases seems to clash with private mens Advantage But man by his Natural Inclinations is carried to this to be subject to no one to do all things as he lists and in every thing to consult his single Advantage BUT we call him a Political Animal V. Civil State or True Patriot and Good Subject who readily obeys the Commands of his Governors who endeavours with his utmost to promote the Publick Good and after that regards his Private Affairs nay more who esteems nothing profitable to himself unless the same be likewise profitable to the Community lastly who carries himself fairly towards his Fellow-Subjects But there are few men to be found whose Tempers are naturally thus well inclin'd The greater part being restrain'd merely for fear of Punishment and many continue all their Lifetimes ill Subjects and unsociable Creatures FURTHERMORE there is no Creature VI. Civil State whatsoever more fierce or untameable than Man or which is prone to more Vices that are apt to disturb the Peace and Security of the Publick For besides his inordinate Appetite to Eating Drinking and Venery to which Brute Beasts are likewise subject Mankind is enclin'd to many Vices to which Brutes are altogether Strangers as is the unsatiable desire and thirst after those things which are altogether superfluous and unnecessary and above all to that worst of Evils Ambition also a too lasting resentment and memory of Injuries and a desire of Revenge increasing more and more by length of time besides an infinite diversity of Inclinations and Affections and a certain Stiffness and Obstinacy in every one to indulge his own particular Humour and Fancy Moreover Man takes so great delight in exercising his Cruelty over his Fellow-Creatures that the greatest part of the Evils and Mischiefs to which Mankind is obnoxious is wholly owing to the merciless Rage and Violence of other Men. THEREFORE the genuine and principal VII Reason Change Reason which induc'd Masters of Families to quit their own natural Liberty and to form themselves into Communities was that they might provide for themselves a Security and Defence against the evils and mischiefs that are incident to Men from one another For as next under God one Man is most capable of being helpful to another so the same may be no less prejudicial and hurtful to one another And those persons have entertain'd a right conception of the Malice of Men and the remedy thereof who have admitted this as a common Maxim and Proverb that unless there were Courts of Judicature one Man would
Administrator only and standing obliged to apply all to the purposes that are design'd by them And neither of the two Patrimonies can be alienated by the Prince without the Peoples Consent MUCH less can a whole Kingdom that VI. Neither Royal Power nor Allegiance alienable is not held patrimonially or any part of it be alienated without their consent to it and in the latter case particularly the consent of that part that is to be alienated As on the other hand no Subject against the will of his Community can possibly disingage himself from the bonds of his Duty and Allegiance to it unless the force of forein Enemies reduces him to such a Condition that he had no other way to be safe CHAP. XVI Of War and Peace ALTHOUGH nothing is more agreeable I. Necessity of War sometimes to the Laws of Nature than the mutual Peace of men with one another preserved by the Voluntary Application of each person to his duty living together in a State of Peace being a peculiar distinction of men from Brutes Yet it is sometimes both lawful and necessary to go to War when by means of another's Injustice we cannot without the use of Force preserve what is our own nor enjoy those Rights which are properly ours But here common Prudence and Humaty do admonish us to forbear our Arms there where the prosecution of the injuries we resent is likely to return more hurt upon us and ours than it can do good THE just Causes upon which a War may II. Just Causes of War be undertaken come all to these The Preservation of our selves and what we have against an unjust Invasion and this sort of War is call'd Defensive The Maintenance and Recovery of our Rights from those that refuse to pay them The reparation of Injuries done to us and Caution against them for the future And this sort of War is call'd Offensive NOT that upon a Prince's taking himself III. Amicable Composition to be injured he is presently to fly to Arms especially if any thing about the Right or Fact in Controversie remains yet under dispute But first let him try to compose the matter in an amicable way by Treaties by appeal to Arbitrators or by submitting the matter in question to the decision of a Lot and those Methods are the rather to be chosen by that Party who claims from another because Possession with any shew of Right is wont to meet with the most favourable Constructions THE unjust Causes of War are either IV. Vnjust Causes of War those which openly to all the World are such as Ambition and Covetousness and what may be reduced thereto or those that admit of a faint and imperfect Colour to be pretended in their excuse Of this kind there is Variety As the fear of a Neighbors growing Wealth and Power Conveniency of a Possession to which yet no Right can be made out Desire of a better Habitation the denial of common Favours the folly of the Possessor the desire of extinguishing anothers Title lawfully acquired because it may be prejudicial to us c. AND though the most proper way of V. Of Deceits in War acting in War is by that of Force and Terrour Yet it is altogether as lawful to attack an Enemy by Stratagems and Wiles provided that the Faith and Trust which you give him is inviolably observed It is lawful to deceive him by Stories and feign'd Narrations not by Promises and Covenants BUT concerning the Violence which VI. Violence may be used against him and what belongs to him we must distinguish betwixt what it is possible for him to suffer without injustice and what we may easily inflict without the breach of Humanity Whoever declares himself my Enemy as he makes profession by that very act of enterprizing upon me the greatest Mischiefs in the World So at the same time he fully indulges me the leave to employ the utmost of my Power without Mercy against himself Yet Humanity commands me as far as the fury of War will permit that I do my Enemy no more harm than the defence or vindication of my right requires with care to my security for the time to come WE commonly divide War into Solemn VII Solemn and unsolemn Wars and Vnsolemn To a Solemn War it is required that it be made on both sides by the Authority of the Sovereign Governours and preceded by a publick Declaration The other either is not publickly denounc'd or perhaps is begun amongst private persons To which latter Head belongs also Civil Wars AS the Power of making War in all VIII Power of making War Nations lies in the same hands that are intrusted with the Government So it is a matter above the Authority of a Subordinate Magistrate to engage in without a delegation from thence though he could suppose with reason that were they consulted upon the matter they would be pleased with it Indeed all Military Governors of fortified places and Provinces having Forces under them to command upon the defence thereof may understand it to be enjoin'd them by the very Design of their Employments to repel an Invader from the parts committed to their trust by all the ways they can But they are not rashly to carry the War into an Enemies Countrey IN a State of Natural Liberty a Person IX Wars occasion'd by protecting of Refugees is assaulted by Force only for the injuries that are done by himself But in a Community a War often happens upon the Governor or the whole Body when neither of them has committed any thing To make this appear just it is necessary the act of a third Party must by some way or other pass upon them Now Governors do partake of the Offences not onely of their proper Subjects but of others that occasionally fly to them if either the Offences are done by their Permission or that they receive and protect the Offender The sufferance of an Offence becomes then blameable when at the same time that one knows of the doing it he has a power to hinder it Things openly and frequently done by the Subjects are supposed to be known to their Governors in whom it is always presum'd there is a Power also to prohibit unless a manifest proof appears of its defect Yet to make it an occasion of War to give Admittance and Protection to a Criminal who flies to us for the sake only of escaping his Punishment is what must proceed rather by virtue of a particular Agreement betwixt Allies and Neighbours than from any common Obligation unless the Fugitive being in our Dominions contrives Hostilities against the Common-wealth he deserts ANOTHER received Custom betwixt X. Reprisals Nations is when a Debt is owing from one to another which sometimes comes to be occasion'd by not administring of Justice rightly to arrest the effects of the private Subjects of the Nation indebted and assign them to the use and satisfaction of those of
Master of a Family Not still but that any man is excepted from this Duty who be takes himself to a chast single life finding his Constitution accommodated thereto and that he is capable in that rather than in the married State to be useful to Mankind or to the Common-wealth especially also if the Case be so that there is no fear of the want of People BETWEEN those who are about to IV. Matrimonial Contract take upon themselves the Married State a Contract ought and is wont to intervene which if it be regular and perfect consists of these heads First because the Man to whom it is most agreeable to the Nature of both Sexes that the Contract should owe its Original intends hereby to get to himself Children of his own not spurious or supposititious therefore the Woman ought to plight her troth to the Man that she will permit the use of her Body to no other man but to him the same on the other hand being required of the Husband And secondly since nothing can be more flatly contrary to a Social and Civil Life than a vagabond desultory and changeable way of Living without any Home or certain Seat of his Fortunes and since the Education of that which is the Off-spring of both is most conveniently taken care of by the joint help of both Parents together and whereas continual Cohabitation brings more of Pleasure and Comfort to a Couple who are well match'd whereby also the Husband may have the greater Assurance of his Wives Chastity Therefore the Wife does moreover engage her Faith to her Husband that she will always cohabit with him and join herself in the strictest bond of Society and become of the same Family with him And this mutual Promise must be supposed to be made from the Husband to her of the like Cohabitation the Nature of this State so requiring But because it is not only agreeable to the natural Condition of both Sexes that the Case of the Husband should be the more honourable of the two but that he should also be the Head of the Family of which himself is the Author it follows that the Wife ought to be subject to his Direction in matters relating to their mutual State and to their Houshold Hence it is the Prerogative of the Husband to chuse his Habitation and she may not against his Will wander abroad or lodge apart Yet it does not seem essentially necessary to Matrimony that the Man should have power of Life and Death or of inflicting any grievous Punishment as neither of disposing at his pleasure of all the Estate or Goods of his Wife but these points may be settled between the Married Couple by peculiar Agreements or by the municipal Laws of the Place NOW though 't is manifestly repugnant V. One Man and one Woman to the Law of Nature that one Woman should have more Men than one at once yet it obtain'd among the Jews of old and many other Nations that one Man might have two or more Wives Nevertheless let us allow never so little weight to Arguments brought from the Primitive Institution of Marriage deliver'd in Holy Writ yet it will appear from Right Reason that 't is much more decent and fit for one Man to be content with one Woman Which has been approv'd by the Practice of all the Christians through the World that we know of for so many Ages NOR does the Nature of this strict VI. Contract perpetual Union tell us less plainly that the Bond of Matrimony ought to be perpetual and not to be unloosed but by the Death of one Party except the essential Articles of the principal Matrimonial Covenant be violated either by Adultery or a wicked and dishonest Desertion But for ill dispositions which have not the same Effect with such lewd Desertion it has obtain'd among Christians that a Separation from Bed and Bord shall be sufficient without allowing any Engagement in a new Wedlock And one great Reason hereof among others is this that too free a Liberty of Divorce might not give encouragement to either party to cherish a stubborn Temper but rather that the irremediable State of each might persuade both to accommodate their Humours to one another and to stir them both up to mutual Forbearance For the rest if any Essential Article of the Matrimonial Contract be violated the wrong'd Party only is discharg'd from the Oligation the same still binding the other so long as the former shall think good ANY man may contract with any Woman VII Moral Impediments where the Law makes no special Prohibition if their Age and Constitution of Body render them capable of Matrimony except some Moral Impediment be in the way presupposing that he or she is under a Moral Impediment who are already married to some other person AND it is accounted a Moral Impediment VIII Kinred of lawful Matrimony if the parties are too nearly allied by Blood or by Affinity On which score even by the Law of Nature those Marriages are accounted incestuous and wicked which are contracted between any persons related in the Ascending or Descending Line And for those in the other transverse Order as with the Aunt either on the Fathers or Mothers side the Sister c. As also those in Affinity as with the Mother-in-Law Step-Mother Step-Daughter c. not only the positive Divine Law but that of most civiliz'd Nations with whom also all Christians agree does abominate Nay the Special Laws of many Countries forbid Marriage even in the more remote Degrees that so they may keep men from breaking in upon those which are more sacred by setting the Barrier at a greater distance NOW as the Laws are wont to assign IX Ceremony to other Contracts and Bargains some Solemnities which being wanting the Act shall not be adjudg'd of validity so also it is in Matrimony where the Laws require for the sake of Decency and good Order that such or such Ceremonies be perform'd And these though not enjoin'd by the Law Natural yet without the same those who are Subjects of such a Community shall not consummate a legal Matrimony or at least such Contract shall not be allow'd by the Publick to be effectual IT is the Duty of a Husband to love X. Mutual Duties his Wife to cherish direct and protect her and of the Wife to love and honour her Husband to be assistant to him not only in begetting and educating his Children but to bear her part in the Domestick Cares On both sides the Nature of so strict an Union requires that the Married Couple be partakers as well in the good as ill fortune of either and that one succour the other in all Cases of Distress moreover that they prudently accommodate their Humours to each other in which matter it is the Wives Duty to submit CHAP. III. The Duty of Parents and Children FROM Matrimony proceeds Posterity I. Paternal Authority which is subjected to the