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
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
unruly men within the bounds of their Duty For in this case that Saying would indeed have place He that values not Death can never be compell'd because to those who fear not God nothing can be more formidable than Death He that can once bring himself to despise this may attempt what he pleases upon those that are set over him and to tempt him so to do he can hardly want some Cause or Pretence as either to free himself of the uneasiness he seems to lie under by being subject to anothers command or that himself may enjoy those Advantages which belong to him that possesses the Government especially when he may easily persuade himself that his enterprise is just either because He that at present sits at the helm of Government is guilty of Mal-Administration or that himself thinks he could manage it by many degrees to better purpose An Occasion too cannot long be wanting for such Attempts either from the Princes want of Circumspection in the care of his Person and indeed in such a state of things who shall guard even the Guards themselves or from a powerful Conspiracy or in time of forein War from a Defection to the Enemy Beside private men would be very prone to wrong one another for the proceedings in humane Courts of Judicature being govern'd by Proofs of Matter of Fact all those Wickednesses and Villanies whicâ— could be secretly acted and without Witnesses if any thing were to be gained by them would be accounted Dexterâ—ties of Wit in the practice of which a man might enjoy some Self-satisfactioâ— Again no man would be found thaâ— would do works of Charity or of Friendship except with probable expectation oâ— Glory or Profit From whence it woulâ— follow that supposing no Punishmenâ— from above one man not being able to place any solid confidence in the Troth of another they must every one always live anxiously in a mutual Fear and Jealousie lest they be cheated or harm'd each by his Neighbour The Governours also would have as little inclination as the Governed to Actions that are brave and Honourable for those that govern not being obliged by any tie of Conscience would put all Offices and even Justice it self to sale and in every thing seek their own private Profit by the Oppression of their Subjects from whom they being always fearful of a Rebellion they must needs know there can be no surer means to preserve themselves than by rendring them as heartless and as weak as possible The Subjects also on the other side standing in fear of the violences of their Rulers will alway be seeking opportunities to rebel though at the same time they must be mutually distrustful and fearful of each other The same would be the Case of married persons upon any slight Quarrel they would be suspicious lest one should make away the other by Poison or some such clandestine way and the whole Family would be liable to the like danger For it being plain that without Religion there will be no Conscience it would not be easie to discover such secret Villanies they being such as mostly are brought to light by the incessant prickings of the Conscience and internal horrors breaking forth into outward Indications From all which it appears how much it is the Interest of Mankind that all means be used to check the spreading of Atheism in the world and with what vain Folly those men are possess'd who think to get the reputation of being notable Politcians by being seemingly inclined to Looseness and Irreligion CHAP. V. Of the Duty of a Man towards Himself ALTHOUGH the Love of Himself be I. Man liable to Obligation to Himself so deeply fixed in the mind of Man as to put him always under a solicitous care of Himself and upon endeavours by all means to procure his own advantage so as upon consideration hereof it would seem superfluous to find out Laws to oblige him to the same yet in other respects it is necessary that he be bound to the observation of some certain Rules touching Himself For Man not being born for Himself alone but being therefore furnish'd with so many excellent Endowments that he may set forth his Creators Praise and be rendred a fit Member of Humane Society it follows hence that it is his Duty to cultivate and improve those Gifts of his Creator which he finds in himself that they answer the end of their Donor and to contribute all that lies in his power to the benefit of Humane Society Thus though true it is that the Ignorance of any man is his own Shame and his own Loss yet we accuse not the Master of Injustice who chastises his Scholar for Negligence in not learning those Sciences of which he is capable II. Two parts of Mâ—n 〈◊〉 the Mind AND since Man consists of two parts a Soul and a Body whereof the first supplies the part of a Directer the other that of an Instrument or subordinate Minister so that our Actions are all performed by the Guidance of the Mind and by the Ministration of the Body we are hence oblig'd to take care of both but especially of the former And that is above all things so to be form'd and accommodated as to bear a fit part in the Social Life and to be imbued with a Sence and Love of Duty and Decency Then we are to be take our selves to the learning of somewhat proper to our Capacity and our Condition in the world or else we shall become a useless burden to the earth cumbersome to our selves and troublesome to others And after all we are in due time to make choice of some honest State of Life agreeable to our natural Inclinations the abilities of our Body and Mind Extraction or Wealth or according as the just Authority of our Parents the Commands of our Superiors Occasion or Necessity shall require III. 2. The Body BUT the Soul being supported by and depending upon the Body it is necessary that the strength thereof be continued and confirm'd by convenâ—â—â—t Nourishment and Excercise and that it be not weakned by any Intemperate eating or drinking nor debilitated by unseasonable and needless Labours or otherwise Upon this account Gluttony Drunkenness the immoderate use of Women and the like are to be avoided And besides since unbridled and exorbitant Passions not only give frequent occasion to disturb Human Society but are very hurtful even to the person himself we ought to take care with our utmost to quell them and subject them to Reason And because many dangers may be escap'd if we encounter them with Courage we are to cast off all effeminacy of the Mind and to put on Resolution against all the terrible appearances that any Event may set before us AND yet because no man could give IV. Man not Lord of his own Life himself Life but it must be accounted as the bounteous Favour of God it appears that Man is by no means vested with such a power
for rendring men Illustrious if rightly temper'd with Prudence and Magnanimity The Dispensation whereof and the Manner are to be regulated according to the Condition of the Giver and Receiver Wherein care is first of all to be taken that the Bounty we are about to exercise do not more hurt than good to the person to whom we design a kindness and to others next that our Bounty be not greater than consists with our Ability then that the worthiness of men be regarded in our distribution and preference given to the well-deserving that we consider how far each stands in need of our help and observe the degrees of Relation among men moreover 't is to be known what every one wants most and what they can or cannot compass with or without our assistance The Manner also of exercising acts of Kindness will render them more acceptable if they be done chearfully readily and heartily AND then he who receives a Benefit VI. Gratitude ought to have a grateful Mind by which he is to make it manifest that it was acceptable to him and that for its sake he has kind wishes for the Donor and that he wants nothing but an opportunity or an ability of making if possible a Requital of the full value or more For it is not absolutely necessary that the Returns we make be exactly tantamount to the Courtesie we receive but our Good-Will and hearty Endeavour are in lieu to be accepted Not but that sometimes he who pretends to have done me a kindness may not have reason to say he has obliged me as if a man shall drag me out of the Water into which he push'd me before I owe him no thanks for that NOW by how much the more Benefits VII Thanks are apt to oblige and place engagements on the minds of men by so much ought the party who is beholden be the more eager to return his Thanks If it be but because we ought not to suffer our Benefactor who out of a good opinion he had of us has done us a kindness to think worse of us and because we should not receive any Favour but with a design to endeavour that the Giver shall never have cause to repent of what he has done for us For if for any particular reason we are not willing to be beholden to such or such a man he may civilly avoid the accepting of the Courtesie And truly if no grateful Returns were to be made upon the Receipt of Benefits it would be unreasonable for any man to cast away what he has and to do a good turn where beforehand he is sure it will be slighted By which means all Beneficence Good-Will and brotherly Love would be lost among men and there would be no such thing as doing kindnesses frankly nor any opportunities of procuring mutual Friendships left in the World AND though the ungrateful man cannot VIII Ingratitude be precisely said to do a Wrong yet the charge of Ingratitude is look'd upon as more base more odious and detestable than that of Injustice because 't is judg'd a sign of an abject and rascally Soul for a man to shew himself unworthy of the good opinion which another had entertain'd of his Probity and not to be mov'd to some sense of Humanity by Benefits which have a power to tame even the Brutes But let Ingratitude be never so abominable yet simply consider'd as it is a bare Forgetting of a Courtesie and a Neglect of making a due return upon occasion Courts of Judicature take no cognizance of it for it would lose the name of Bounty if it were redemandable by Law as Money lent is because then it would be a Credit And whereas it is a high instance of Generosity to be grateful it would cease to be a generous Action when so to do could not be avoided Beside that it would take up the business of all Courts by reason of the great difficulty in making an Estimate of all the Circumstances which either would enhanse or lessen the Benefit And that it was to this end I bestow'd it to wit that I did not therefore demand a Promise of Repayment that so the other might have an occasion of shewing his Gratitude not for fear of Punishment but out of love to Honesty and to manifest that it was not in hopes of Gain but only out of mere Kindness that I was liberal of that which I would not take care should be reimburs'd to me But for him who improves his Ingratitude and not only gives no thanks to but injures his Benefactor this shall cause an Aggravation of his Punishment because it plainly demonstrates the profligate Villany and Baseness of his Mind CHAP. IX The Duty of men in making Contracts FROM the Duties Absolute to those I. Contracts that are Conditional we must take our Passage as it were through the intermediate Contracts for since all Duties except those already mention'd seem to presuppose some Covenant either express'd or imply'd we shall therefore in the next place treat of the Nature of Contracts and what is to be observ'd by the parties concern'd therein NOW it is plain that it was absolutely II. The Necessity of them necessary for men to enter into mutual Contracts For though the Duties of Humanity diffuse themselves far and near through all the instances of the Life of Man yet that alone is not Ground sufficient whereon to fix all the Obligations which may be necessary to be made reciprocal between one and another For all men are not endow'd with so much Good Nature as that they will do all good Offices to every man out of mere kindness except they have some certain expectation of receiving the like again and very often it happens that the Services we would have to be done to us by other men are of that sort that we cannot with Modesty desire them Frequently also it may not become one of my Fortune or in my Station to be beholden to another for such a thing So that many times another cannot give neither are we willing to accept unless that other receive an Equivalent from us and it happens not seldom that my Neighbor knows not how he may be serviceable to my occasions Therefore that these mutual good Offices which are the Product of Sociality may be more freely and regularly exercised it was necessary that men should agree among themselves concerning what was to be done on this side and on that which no man from the Law of Nature alone could have assur'd himself of So that it was before-hand to be adjusted what this man doing so by his Neighbour he was to expect in lieu of the same and which he might lawfully demand This is done by means of Promises and Contracts WITH respect to this general Duty it III. Veracity is an Obligation of the Law of Nature that every man keep his Word or fulfil his Promises and make good his Contracts For without this a
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
compel the Subjects to provide the same Which is done several ways either when the Community appropriates a certain Portion of the Revenues of the Country they possess for this Purpose or when each Subject contributes something out of his own Estate and if occasion requires gives also his Personal Help and Assistance or when Customs are set upon Commodities importported and exported of which the first chiefly affects the Subjects and the other Foreiners Or lastly when some moderate Tax is laid on those Commodites which are spent To conclude since the Actions of Each VIII Publick Doctrines Person are govern'd by his own particular Opinion and that most People are apt to pass such a judgment upon Things as they have been accustomed unto and as they commonly see other People judg so that very few are capable of discerning what is just and honest upon this account therefore it is expedient for any Civil Society that such kind of Doctrines should be publickly taught as are agreeable to the Right End and Design of such Societies and that the minds of the Inhabitants should be seasoned betimes with these Principles It does therefore belong to the Supreme Magistrate to constitute and appoint fitting Persons to inform and instruct them publickly in such Doctrines NOW these several parts of Government XV. All these Parts concentred are naturally so connected that to have a Regular Form suitable to any Civil Society all these Parts thereof ought radically to center in One. For if any Part be wanting the Government is defective and uncapable of procuring its End But if these several Parts be divided so that some of them be radically here and others there hence of Necessity will follow an irregular and incoherent State of Things CHAP. VIII Of the several Forms of Government THE Supreme Power consider'd either I. Divers Forms as it resides in a single Man or in a select Council or Assembly of men or of all in General produces diverse Forms of Government NOW the Forms of Government are II. Regular and Irregular either Regular or Irregular Of the first sort are those where the Supreme Power is so united in one particular Subject that the same being firm and entire it carries on by one Supreme Will the whole Business of Government Where this is not found the Form of Government must of necessity be Irregular THERE are Three Regular Forms of III. Three Regular Forms Government The First is when the Supreme Authority is in one Man and that is call'd a Monarchy The second when the same is lodg'd in a select Number of Men and that is an Aristocracy The Third when it is in a Council or Assembly of Free-holders and Principal Citizens and that is a Democracy In the First he who bears the Supreme Rule is stil'd a Monarch in the Second the Nobles and in the Third the People IN all these Forms the Power is indeed IV. Forms compared the same But in one respect Monarchy has a considerable Advantage above the rest that in order to deliberate and determine that is actually to exercise the Government there is no necessity of appointing and fixing certain Times and Places but he may deliberate and determine in any Place and at any Time so that a Monarch is always in a readiness to perform the necessary Actions of Government But that the Nobles and the People who are not as one Natural Person may be able so to do it is necessary that they meet at a certain Time and Place there to debate and resolve upon all Publick Business For the Will and Pleasure of a Council or of the People which results from the Majority of Votes consenting can no otherwise be discover'd BUT as it happens in other matters V. A distemper'd State so in Governments that the same may be sometimes well and at other times scurvily and foolishly manag'd Whence it comes to pass that some States are reputed Sound and others Distemper'd Not that on Account of such kind of Imperfections there is any necessity of setting up any Peculiar Forms of Government But these Distempers of Civil Societies sometimes are in the Persons and sometimes in the Constitution it self Whence the First are stil'd Imperfections of the Men and the Latter Imperfections of the State THE Imperfections of the Men in a VI. Monarchy Monarchy are when he who possesses the Throne is not well skill'd in the Arts of Ruling and takes none or but a very slight Care for the Publick Good prostituting the same to be torn in pieces and sacrific'd to the Ambition or Avarice of Evil Ministers when the same Person becomes terrible by his Cruelty and Rage when also he delights without any real necessity to expose the Publick to Danger when he squanders away by his Luxury and profuse Extravagance those Supplies which were given for the support of the Publick when he heaps up Treasure unreasonably extorted from his Subjects when he is Insolent Haughty or Unjust or guilty of any other scandalous Vice THE Imperfections of the Men in an VII Aristocracy Aristocracy are when by Bribery and base Tricks Ill men and Fools get into the Council and Persons much more deserving than they are excluded When the Nobles are divided into several Factions when they endeavour to make the Common People their Slaves and to convert the Publick Stock to their Private Advantage THE Imperfections of the Men in a Democracy VIII Men in a Democracy are when Silly and Troublesom Persons stickle for their Opinions with great Heat and Obstinacy when those Excellencies which are rather beneficial than hurtful to the Common-wealth are deprest and kept under when through Inconstancy Laws are rashly establish'd and as rashly annull'd and what but just now was very pleasing is immediately without any Reason rejected and when base Fellows are promoted in the Government THE Imperfections of the Men which IX Men in any Government may promiscuously happen in any Form of Government are when those who are entrusted with the Publick Care perform their Duty either amiss or slightly and when the Subjects who have nothing but the Honour of Obeying grow restiff and ungovernable BUT the Imperfections of any Constitution X. Faults in a Constitution are when the Laws thereof are not accommodated to the Temper and Genius of the People or Country or when the Subjects make use of them for fomenting intestine Disturbances or for giving unjust Provocations to their Neighbours or when the said Laws render the Subjects uncapable of discharging those Duties that are necessary for the preservation of the Publick for instance when through their defect the People must of necessity be dissolv'd in Sloth or render'd unfit for the enjoyment of Peace and Plenty or when the Fundamental Constitutions are order'd after such a manner that the Affairs of the Publick cannot be dispatched but too slowly and with difficulty TO these distemper'd Constitutions XI How
and Superior with a perfect Equality Let them not multiply Disputes unnecessarily abstain from Corruption be diligent in trying of Causes and careful to lay aside all Affections that may obstruct sincerity in Judgment not fearing the person of any man while they are doing their Duty LET the Officers of War diligently XI Officers of the Army Exercise their men in all occasions and harden them for the enduring the Fatigue of a Military Life and preserve the Discipline of them inviolable Let them not rashly expose them to the danger of the Enemy nor defraud them of any of their Pay or Provisions but procure it for them with all readiness they are able and keep them in the love of their Country without ever seducing them to serve against it ON the other hand let the Soldiers XII Soldiers be content with their Pay without plundering or harrassing the Inhabitants Let them perform their Duty couragiously and generously in the defence of their Country neither running upon danger with Rashness nor avoiding it with Fear Let 'em exercise their Courage upon the Enemy not their Comrades and maintain their several Posts like men preferring an honourable Death before a dishonourable Flight and Life LET the Ministers of the Common-wealth XIII Ambassadors and Envoys in foreign parts be cautions and circumspect quick to discern Solidities from Vanity and Truths from Fables in the highest degree Tenacious of Secrets and obstinately averse to all Corruptions out of their care of the Good of the Common-wealth LET the Officers for Collecting and XIV Officers of the Publick Revenues disposing of the Publick Revenue have a care of using needless Severities and of encreasing the Subjects Burden for their own Gain or through their troublesom and petulant humours Let them misapply nothing of the publick Stock and satisfie the persons who have Money to be paid out of it without delays unnecessary ALL these Particular Duties of Subjects XV. The continuance of the Duties aforesaid continue during the time of Employment And when that ceases the other expire also But their General Duties are in force so long as ever Men continue to be Subjects that is till by either the express or tacit Consent of the Nation they depart thence to fix the Seat of their Fortunes elsewhere that they are banisht and deprived of the Rights of Subjects for their Crimes or being overcome in Battel they are forced to yield to the disposal of the Conqueror The End BOOKS Printed for and Sold by Charles Harper at the Flower-de Luce over against S. Dunstan 's Church in Fleetstreet DOctor Willis's Practice of Physick being the whole Works of that Renowned and Famous Physitian Rendred into English Second Edit with Forty Copper Plates Fol. The Historical and Miscellaneous Tracts of the Reverend and Learned Peter Heylyn D. D. now collected into one Vol. And an Account of the Life of the Author never before Published Fol. The Religion of Protestants a safe Way to Salvation with a Discourse of the Apostolical Institution of Episcopacy By W. Chillingworth M. A. To which in this Edit is added shewing the Reason why he left Popery Fol. The History of Queen Elizabeth By W. Cambden King at Arms. Fourth Edition Fol. The Second and Third Parts of the Works of Mr. Abraham Cowley The Second containing what was Written and Published by himself in his younger Years Now Reprinted together Sixth Edition The Third Part containing his Six Books of Plants never before Published in English viz. The First and Second of Herbs the Third and Fourth of Flowers the Fifth and Sixth of Trees Now made English by several Hands with necessary Tables to both Parts and divers Poems in Praise of the Author Fol. An Impartial Collection of the great Affairs of State from the beginning of the Scotch Rebellion in the Year 1639 to the Murther of King Charles the First Fol. in 2 Vol. Dugdales Monasticon Anglicanum Fol. The History of the Life Reign and Death of Edward II. King of England and Lord of Ireland Fol. The Laws of Jamaica Fol. Dr. Willis's practical Part of Physick 80 Bishop Vsher's Power of the Prince and the Obedience required of the Subject with a large Preface by Bishop Sanderson 80 Some Animadversions upon a Book Intituled The Theory of the Earth by Herbert Lord Bishop of Hereford 80 Law Books The Lord Coke's Reports in English Fol. Judge Crook's Reports in 3 Vol. Third Edit with References to all the late Reports Fol. The Lord Coke's Commentary on Littleton Fol. His Commentary on Magna Charta Fol. His Pleas of the Crown of the Third Part of the Institutes Fol. His Jurisdiction of Courts or Fourth Part of the Institutes His Eleven Reports in French Fol. Bulstrode's Reports with new References Fol. Leonard's Reports in Four Parts with new References Fol. The Year Books in Ten Vol. the last Edit with new Notes and Tables to them all Fol. The Reports of the Lord Keeper Littleton in the time of K. Charles I. Fol. The Reports of the learned Judge Sir Henry Hobart the Fourth Edition corrected and amended Fol. Reports in the Court of King's Bench at Westminster from the 12th to the 30th Year of King Charles II. by Jos Keble of Grays-Inn Esq in 3. Vol. Fol. Kelway's Reports with new References to all the late Reports Fol. Reports of several especial Cases in the Court of Common Pleas by S. Carter of the Inner Temple Esq Fol. An Assistance to Justices of the Peace for the easier Performance of their Duty the First Part containing the particular Clauses of all such Statutes from Magna Charta until the 1st of King James II. that do any ways concern a Justice of Peace in the other Part the whole Office of a Justice of Peace is methodically digested with the most approved Presidents under proper Heads to which is now added a Table for the ready finding out the Presidents never before Printed by Jos Keble of Grays-Inn Esq An exact Abridgment of the Records in the Tower of London being of great Use for all that are concerned in Parliamentary Affairs and Professors of the Laws of this Realm collected by Sir Robert Cotton Knight and Baronet Fol. An exact Abridgment of all the Statutes in Form and Use from the beginning of Magna Charta begun by Edmond Wingate of Grays-Inn Esq and since continued under their proper Titles Alphabetically by I. Washington of the Middle Temple Esq to the Year 1689. In this Impression many Hundreds of false References are corrected with great Exactness and Care A Treatise of Moral and Intellectual Vertues wherein their Nature is fully explained and their Usefulness proved as being the best Rules of Life and the Causes of their Decay are inquired into concluding with such Arguments as tend to revive the Practice of them With a Preface shewing the Vanity and Deceitfulness of Vice by I. Hartcliff B. D. and Fellow of Kings Colledge Cambridge