another the Paternal Authority indeed ceases but Piety and Observance is for ever due as being founded in the Merits of the Parents whom Children can never or very seldom be supposed to requite Now these Merits do not consist in this only that a Parent is to his Child the Author of Life without which no good can be enjoyed but that they bestow also a chargeable and painful Education upon them that so they may become useful Parts of Humane Society and very often lay up somewhat for them in order to make their Lives more easie and comfortable AND yet though the Education of Children be a Duty laid upon Parents by IX Education entrusted Nature itself it hinders not but that either in case of Necessity or for the benefit of the Children the Care thereof may by them be entrusted with another so still that the Parent reserve to himself the Oversight of the person deputed Hence it is that a Father may not only commit his Son to the Tutorage of proper Teachers but he may give him to another man to adopt him if he perceives it will be advantageous to him And if he have no other way to maintain him rather than he should die for want he may pawn him or sell him into some tolerable servitude reserving still a liberty of redeeming him as soon as either himself shall be able to be at the charge or any of his Kinred shall â—e willing to do it But if any Parent shall inhumanely expose and forsake their Child he who shall take it up and educate it shall have the Fatherly Authority over it so that the Foster-Child shall be bound to pay filial Obedience to his Educator AND as the Father ought not to turn X. Marriage with Parents consent his Child out of his Family while he stands in need of Education and Assistance from him without the most weighty Reasons so also ought not the Son or Daughter leave the Parents House without his Consent Now whereas Children frequently leave their Fathers Family on occasion of Matrimony and since it much concerns Parents what persons their Children are married to and from whom they are to expect Grand-Children hence it is a part of filial Duty herein to comply with the Will of the Parents and not to marry without their Consent But if any do actually contract Matrimony against their liking and consummate the same such Marriage seems not to be void by the Law of Nature especially if they intend to be no longer burthensom to their Parents and that for the rest their Condition be not scandalous So that if in any Country such Marriages are accounted null and void it proceeds from the Municipal Laws of the Place THE Duty of Parents consists chiefly XI Duty of Parents in this that they maintain their Children handsomly and that they so form their Bodies and Minds by a skilful and wise Education as that they may become fit and useful Members of Humane and Civil Society Men of Probity Wisdom and good Temper So that they may apply themselves to some fit and honest way of Living by which they may as their Genius and Opportunity shall offer raise and increase their Fortunes ON the other hand 't is the Duty of XII Duty of Children Children to honour their Parents that is to give them Reverence not only in outward shew but much more with a hearty Respect as the Authors not only of their Lives but of so many other unvaluable Benefits to 'em to obey 'em to be assistant to 'em to their utmost especially if they are aged or in want not to undertake any business of moment without deferring to their Advice and Opinion and lastly to bear with Patience their Moroseness and any other their Infirmities if any such be CHAP. IV. The Duties of Masters and Servants AFTER Mankind came to be multiplied I. Servile State how begun and it was found how conveniently Domestic Affairs might be manag'd by the Service of other men it early became a Practice to take Servants into a Family to do the Offices belonging to the House There at first probably offer'd themselves driven thereto by Necessity or a Consciousness of their own want of Understanding and then being assur'd that they should constantly be supplied with Food and Necessaries they devoted all their Services for ever to their Master And then Wars raging up and down the World it grew a Custom with most Nations that those Captives to whom they granted their Lives should be made Slaves ever after together with the Posterity born of them Though in many Countries no such Servitude is in use but all Domestic Offices are perform'd by Mercenary Servants hired for a certain time NOW as there are several Degrees as II. A temporary Servant it were of Servitude so the Power of the Masters and the Condition of the Servants do vary To a Servant hired for a time the Duty of the Master is to pay him his Wages the other making good on his part the Work as agreed for And because in this Contract the Condition of the Master is the better therefore such Servant is also to pay Respect to his Master according to his Dignity and if he have done his business knavishly or negligently he is liable to Punishment from him provided it go not so far as any grievous Maiming of his Body much less so far as Infliction of Death BUT to such a Servant as voluntarily III. A voluntary perpetual Servant offers himself to a perpetual Servitude the Master is obliged to allow perpetual Maintenance and all Necessaries for this Life it being his Duty on the other hand to give his constant Labour in all Services whereto his Master shall command him and whatsoever he shall gain thereby he is to deliver to him In thus doing however the Master is to have a regard to the Strength and Dexterity of his Servant not exacting rigorously of him what is above his power to do Now this sort of Servant is not only subject to the Chastisement of his Master for his Negligence but the same may correct his Manners which ought to be accommodated to preserve Order and Decency in the Family But he may not fell him against his Will because he chose this for his Master of his own accord and not another and it concerns him much with whom he serves If he have been guilty of any heinous Crime against one not of the same Family he is subject to the Civil Power if he live in a Community but if the Family be independent he may be expell'd But if the Crime be against the same Family it being independent the Head thereof may inflict even Capital Punishment CAPTIVES in War being made IV. Captive Slaves Slaves are frequently treated with greater Severity something of a hostile Rage remaining towards 'em and for that they attempted the worst upon us and our Fortunes But as soon as there intervenes a Mutual
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
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
Hence he who is the Cause of the Ignorance shall be bound to answer for those Actions which are the effects thereof HE who not by his own fault wants XXII The fifth Conclusion an opportunity of doing his Duty shall not be accountable because he has not done it Now to a fair occasion these four things are requisite 1. That an Object of Action be ready 2. That a proper Place be had where we may not be hindred by others or receive some Mischief 3. That we have a fit Time when business of greater Necessity is not to be done and which may be seasonable for other matters which concur to the Action and 4. lastly That we have natural Force sufficient for the performance For since an Action cannot be atchiev'd without these 't would be absurd to blame a man for not acting when he had not an opportunity so to do Thus a Physician cannot be accused of Sloth when no body is sick to employ him Thus no man can be liberal who wants it himself Thus he cannot be reproved for burying his talent who having taken a due care to set himself in a useful Station has yet miss'd of it though it be said To whom much is given from him much shall be required Thus we cannot blow and suck all at once NO man is accountable for not doing XXIII The sixth Conclusion that which exceeded his Power and which he had not strength sufficient to hinder or accomplish Hence that Maxim To Impossibilities there lies no Obligation But this Exception must be added Provided that by the persons own fault he has not impair'd or lost that strength which was necessary to the Performance for if so he is to be treated after the same manner as if he had all that power which he might have had For otherwise it would be easie to elude the performance of any difficult Obligation by weakening ones self on purpose XXIV The seventh Conclusion NEITHER can those things be imputable which one acts or suffers by Compulsion For it is supposed that 't was above his power to decline or avoid such doing or suffering But we are said after a twofold manner to be compell'd one way is when another that 's stronger than us violently forces our Members to do or endure somewhat the other when one more powerful shall threaten some grievous Mischief which he is immediately able to bring upon us unless we will as of our own accord apply our selves to the doing of this or abstain from doing that For then unless we are expresly oblig'd to take the Mischief to our selves which was to be done to another he that sets us under this Necessity is to be reputed the Author of the Fact and the same is no more chargeable upon us than a Murder is upon the Sword or Ax which was the Instrument THE Actions of those who want the XXV The eighth Conclusion use of their Reason are not imputable Because they cannot distinguish clearly what they do and bring it to the Rule Hitherto appertain the Actions of Children before their reasoning Faculties begin to exert themselves For though they are now and then chid or whipt for what they do yet this is not as if they had deserv'd Punishment properly so called in the Human Forum but barely by way of Discipline and in order to their Amendment lest by their tricks they become troublesome to others or get ill habits themselves So also the doings of Franticks Crackbrains and Dotards are not accounted Human Actions nor imputable to those who contracted such incapacitating Disease without any fault of their own LASTLY A man is not chargeable XXVI The ninth Conclusion with what he seems to do in his Dreams unless by indulging himself in the day time with such Thoughts he has deeply impress'd the Ideas of such things in his mind though matters of this sort can rarely be within the cognizance of the Human Forum Otherwise the Phansie in sleep is like a Boat adrift without a Guide so that 't is impossible for any man to order what Ideas it shall form BUT concerning the Imputation of another XXVII Imputation of anothers Actions mans Actions it is somewhat more distinctly to be observed that sometimes it may so happen that an Action ought not at all to be charged upon him that immediately did it but upon another who made use of this only as an Instrument But it is more frequent that it should be imputed both to him who perpetrated the thing and to the other who by doing or omitting something shew'd his concurrence to the Action And this is chiefly done after a threefold manner either 1. As the other was the principal Cause of the Action and this less principal or 2. As they were both equally concern'd or 3. As the other was less principal and he that did the act was principal To the first sort belong those who shall instigate another to any thing by their Authority those who shall give their necessary Approbation without which the other could not have acted those who could and ought to have hindred it but did not To the second Class appertain those who order such a thing to be done or hire a man to do it those who assist those who afford harbour and protection those who had it in their Power and whose Duty it was to have succoured the wronged person but refused it To the third sort are referred such as are of counsel to the Design those that encourage and commend the Fact before it be done and such as incite men to sinning by their Example and the like CHAP. II. Of the Rule of Human Actions or of Laws in general BECAUSE all Human Actions depend I. The necessity of a Rule upon the Will and have their estimate according to the concurrence thereof but the Wills of single men are not always the same and those of other men run divers ways therefore to preserve Decency and Order among Mankind it was necessary there should be some Rule by which they should be regulated For otherwise if where there is so great a Liberty of the Will and such variety of Inclinations and Desires any man might do whatsoever he had a mind to without any regard to some stated Rule it could not but give occasion to vast Confusions among Mankind THIS Rule is called Law which is II. Law a Decree by which the Superior obliges one that is subject to him to accommodate his Actions to the directions prescribed therein THAT this Definition may the better III. Obligation be understood it must first be enquired What is an Obligation whence is its Original who is capable of lying under an Obligation and who it is that can impose it Obligation then is usually said to be that rightful Bond by which a man is necessitated to do somewhat That is hereby a Bridle as it were is put upon our Liberty so that though the Will does
the Debt together with the Use for the intermediate Time and provided the Overplus be restored to the Owner But as the Creditor is oblig'd to restore the Pledge upon payment of the Debt so in the mean time he ought to be as careful in the preserving thereof as if it were really his own And when there is no Pactum 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and the thing be of that nature as to receive any damage by Use or if it be any ways for the Debtor's Advantage he ought not to make use of it without his Consent Now a Mortgage differs from a Pledge in this that a Pledge consists in the Delivery of the Thing but a Mortgage tho the Thing be not deliver'd holds good by the bare Assignation of a Thing altogether Immoveable from which Payment not being made the Creditor may receive satisfaction for his Debt AND thus what the Duties of Persons XVI contracting are will plainly appear from the End and Nature of these Contracts CHAP. XVI The several Methods by which the Obligations arising from Contracts are dissolv'd AMONG the several ways of discharging I. Fulfilling or Payment Obligations arising from Contracts and by which likewise the Duties and Offices which proceed from thence do utterly expire the chiefest and most Natural of all is the Fulfilling or Payment of what was agreed upon Where altho generally he that is the Debtor is oblig'd to make the Payment yet if it be perform'd by any other in his name who contracted the Obligation the same is dissolv'd since 't is no ways material by what Person the Thing is perform'd Yet with this Proviso that he who pays for another without any Intention of bestowing it upon him he may demand from the same again what he laid out upon his Account Moreover Payment must be made to that Person to whom it is due or else to one whom he has appointed to receive the Debt in his Name And lastly that very Thing must be perform'd or paid which was agreed upon not any Thing else instead thereof intire and not imperfect not only in parcels or by piece-meal and likewise at the Place and Time appointed Altho frequently the Courtesie of the Creditor or the Inability of the Debtor may be the occasion of prolonging the time of Payment or of receiving a Debt by little Sums at once or else of accepting of one Thing for another OBLIGATIONS are likewise taken II. Compensation away by Compensation which is an Adjusting or Ballancing the Credit and the Debt one against the other or when the Debtor is therefore discharg'd because 't is manifest that the Creditor himself stands indebted to him for something that is of the same kind and of the same Value Especially since in those Things call'd res fungibiles that is which admit of being repaid in kind tho not in specie an Equivalent is look'd upon to be the same Thing and where the Debt is Mutual since I must presently return back as much as I have receiv'd for the declining of unnecessary Payments it seems to be the most convenient way so to order the matter that each Party may keep what he has Now it is evident that those Things aforemention'd may very properly be brought to a Balance of which the time for Payment is either present or past But it is not so in other Things or Performances which are of a Different Nature unless they are estimated on both sides and reduc'd to Mony AN Obligation also ceases when the III. Release Thing is released and forgiven by him to whom it was due and whose Interest it was that the Obligation should have been perform'd And this is done either expresly by some Certain Tokens declaring his Consent as by giving a Discharge by giving up or cancelling the Bonds and Writings or else tacitly if he himself hinders or is any ways the Occasion that what is owing to him cannot be paid THOSE Obligations are likewise some IV. Breaking off mutually times dissolv'd which imply some Performance on both sides by a mutual breaking off before any thing on either side be done in the Contract unless this be expresly forbidden by the Laws But if any thing is perform'd by one of the Parties the same must either be by him releas'd to the other or else be made up some other way BESIDES an Obligation is not indeed V. Falseness on one side properly dissolv'd but rather broken off by the Falseness of either Party for wheâ— the one does not perform what was agreed upon neither is the other oblig'd to make good what he undertook in contemplation of the Others performing For as to the main Things which are to be performed in Contracts the Former are alwayâ— included in the Latter by way of Condition as if it should be said I will perform this if you perform that first OBLIGATIONS likewise cease when VI. Case alter'd that State of things upon which they chiefly depended is either alter'd by the Party who was oblig'd to perform somewhat or by him to whom and for whose sake it was to be done SOMETIMES also Time it self puts VII Time an end to some Obligations whose Duration depends upon a certain precise Day unless it be prolong'd by the Express or tacit Consent of each Party Yet there is a Necessity that the Power of exacting the Obligation within the time Limited should stand good Lastly OBLIGATIONS which exist VIII Death only with regard to some particular Person are dissolv'd by Death for when the Subject is taken away the Accidents also must of necessity be extinguish'd Yet oftentimes the Obligations of the Deceased are continued in the Persons surviving And that either because the Survivor out of Duty or for other Reasons takes upon himself to fulfil the Obligations of the Person Deceased or because the Obligation must be satisfied out of the Goods of the Deceased with which the Heir is charg'd when he receives the Possession ANY one may make over by Assignment IX Assignment his Debtor to his Creditor provided he approves him that he instead of the other may discharge the Debt Where indeed there is required the Consent of the Creditor but not of that third Person who is the Debtor whom I may turn over without his knowledg or consent to the other Person that is to accept him For it is no great matter to whom any Person makes payment but from whom the Debt is to be required is very material CHAP. XVII Of Meaning or Interpretation SO indeed it is that neither in those I. Rules for Interpretation necessary Things which are commanded by the Supreme Magistrate no man is accounteâ— to be bound any further than the samâ— Magistrate requires and whosoever of hiâ— own free Will sets himself under any Obligations binds himself but according tâ— his own Intention Yet because one Maâ— cannot make a judgment of another manâ— Intention but by such Signs and Actioâ—
Vnequal Conditions are agreed upon that are unequal and render one side worse than the other This Inequality may be either on the part of the Superior or else of the Inferior Confederate For if the Superior Confederate engages to send the other Succours unconditionally not accepting of any terms from him or engages to send a greater proportion of them than He the Inequality lies upon the Supeor But if the League requires of the inferior Confederate the performance of more things towards the Superior than the Superior performs towards him the inequality there no less evidently lies on the side of the Inferior AMONGST the Conditions required V. Conditions put upon Inferiors of an Inferior Ally some contain a diminution of his Sovereign Power restraining him from the Exercise thereof in certain Cases without the Superior's consent Others impose no such prejudice upon his Sovereignty but oblige him to the performance of those we call transitory Duties which once done are ended altogether As to discharge the pay of the others Army to restore the expences of the War to give a certain sum of Mony to demolish his Fortifications deliver Hostages surrender his Ships Arms c. And yet neither do some perpetual Duties diminish the Sovereignty of a Prince As to have the same Friends and Enemies with another though the other be not reciprocally engag'd to have the same with him To be obliged to erect no Fortifications here nor to sail there c. To be obliged to pay a certain friendly reverence to the other's Majesty and to conform with Modesty to his pleasure BOTH these sorts of Leagues as well VI. The Subject of Leagues Equal as the Vnequal are wont to be contracted upon various Reasons whereof such especially produce effects of the strongest and most binding Complexion as tend to the conjunction of many Nations in a League that is to last for ever But the Common Subject of the Leagues most in use is either the preservation of Commerce or the furnishing of Succours in a War Offensive or Defensive THERE is another famous Division of VII Real and personal Leagues Leagues into Real and Personal The Latter express such a near regard to the Person of the Prince they are contracted with that whenever he dies they expire also Real Leagues are those which not being entred into in consideration so much of any particular Prince or Governour as of the Kingdom or Common-wealth continue in full force even after the death of the first Contracters of them THE next in Nature to Leagues are VIII Sponsions the Agreements of a Publick Minister made upon the Subject of the Affairs of the Prince his Master without Orders for the same which are usually call'd Overtures The Conditions whereof impose no Obligation upon the Prince until he pleases afterwards to ratifie them by his own Authority And therefore if after the Minister has agreed upon the Compact absolutely he cannot obtain his Prince's confirmation of it it lies upon himself to consider what satisfaction he ought to render unto those who depending upon his Credit have been deceiv'd by him with insignificant Engagements CHAP. XVIII The Duty of Subjects THE Duty of Subjects is either General I. Twofold arising from the Common Obligation which they owe to the Government as Subjects or Special upon the account of some particular Office and Employment that the Government imposes upon them THEIR General Duty respects the demeaning II. General of themselves severally towards their Governors the Common-wealth and one another in particular To their Governors they owe Honor III. Towards their Governours Fidelity and Obedience Beside that they ought to entertain good and honourable thoughts of them and their Actions and speak accordingly to acquiesce with Patience and Content under the present State of things not suffering their desires to wander after Innovations nor adhering to any Persons or admiring and honouring them more than they do the Magistrates that are set over them IN reference to the Common-Wealth IV. The Commonwealth their Duty is to prefer the Happiness and Safety of it to the dearest things they have in the World to offer their Lives Estates and Fortunes with chearfulness towards its preservation and study to promote its Glory and Welfare by all the powers of their Industry and Wit TOWARDS one another their behaviour V. One another ought to be friendly and peaceable as serviceable and as affable as they can make it not to give occasion of trouble by Moroseness and Obstinacy nor envying the happiness of any or interrupting their Enjoyments AND as for their particular Duties VI. Their special Duties as Officers whether they influence the whole body of the Nation or are employed only about a certain part of it there is this one general Precept to be observ'd for all That no person affect or take upon him any Employment of which he knows himself by the sense of his disabilities to be unworthy and uncapable PARTICULARLY let those who assist VII The Duty of Privy Counsellours at the Publick Counsels turn their Eyes round into all parts of the Common-wealth and whatever things they discover to be of use thereupon ingenuously and faithfully without partiality or corrupt intentions lay open their observations Let them not take their own Wealth and Grandeur but always the Publick good for the end of their Counsels nor flatter their Princes in their Humours to please them only Let them abstain from Factions and unlawful Meetings or Associations Dissemble nothing that they ought to speak nor betray what they ought to conceal Let them approve themselves impenetrable to the corruptions of Foreigners and not postpone the Publick Business to their private Concerns and Pleasures LET the Clergy who are appointed VIII The Clergy publickly to administer in the sacred Offices of Religion perform their work with gravity and attention teaching the Worship of God in Doctrines that are most true and making themselves an eminent Example of what they preach to others that the dignity of their Function and the weight of their Doctrine may suffer no diminution by the Scandal of an ill led Life LET such who are publickly employ'd IX Publick Readers to instruct the minds of People in the knowledge of Arts and Sciences teach nothing that is false and pernicious delivering their Truths so that the Auditors may assent to them not out of a Custom of hearing but for the solid Reasons that attend them and avoiding all Questions which encline to embroil Civil Society let them assure themselves that whatever humane Science or Knowledge returns no good to us either as men or Subjects the same deserves their Censure as impertinent Vanity LET those Magistrates whose Office X. Lawyers it is to distribute Justice be easie of Access to all and ready to protect the Common people against the oppressions of the more mighty administring Justice both to Rich and Poor Inferior