A short introduction to moral philosophy, in three books

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PROVO UTAH

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A S H O K. T

INTRODUCTION

T O

MORAL PHILOSOPHY,

IN THREE BOOKS;

CONTAINING THE

ELEMENTS OF ETHICKS

AND THE

LAW OF NATURE.

By FRANCIS HUTCHESON, LLD.

LATE PROFESSOR OF PHILOSOPHY JN
THE UNIVERSITY OF GLASGOW.

TRANSLATED FROM TPIE LATIN.
SECOND EDITION.

GLASGOW,

•RINTED AND SOLD BY ROBERT & ANDREW FOULI«,
PKINTERS TO THE UNIVERSITY

MDCCLIII.

THE LIBRARY

BRIGHAM YOUNG UNIVERSITY

PROVO. UTAH

ADVERTISEMENT

BY THE TRAT^SLATOR.

THE Author of this book had no
inclination that it Ihould be tran-
ilated,as he wifhes that all our ftudents
were much enured to the Latin tongue,
•which for the two lafl: centuries, (and
in many preceeding, in fuch ftyle as
they had) was the common channel of
communication among the Learned
through all Europe. He was abundant-
ly aware thai fuch compends, wrote
in the moft fuccin6l manner their au-
thors could,and yet touching at a great
variety of fubjed:s, with hints of the
principal topics of reafoning, mull ap*^
pear very jejune and unpleafant to
common readers: not to mention the
unavoidable terms of art, which can
fcarcebe turned into eafy common lan-
guage. But he found that the prevent-
ing a tranflation was impoflible; as it

a 2

ADVERTISEMENT.

was defigned in London foon after the
publication of the firft edition. He
therefor thought proper it fhould be
rather done in Glafgow. The Englifh
reader muft excufe the tranflatorin the
ufeof fomefew Latin terms of art in the
2d and 3d books, and in the omiffion
of a fedion or two relating folely to
fome Latin ways of fpeaking in the ci-
vil law. He has fometimes inferted a
fhort fentence, or added a note or two,
to make fome points clearer. He needs
the reader's indulgence too, if, in fol-
lowing the original pretty clofely, he
fometimes makes fentences too long,
or not fo fmooth and eafy as our na-
tive tongue would require.

tv]
T O T H E

Students in Universities.

THE celebrated dtvijion ofphilofophy among the art'
cients <vjasi?nothe rational or logical, the natu-
ral, <^W//v moral. Their 7noralphilofophy contained thefe
parts ^ ethicks taken ^noreflridly^ teachifig the nature of
virtue and regulating the internal difpofitions ; ajid the
linowledge of the law of nature. This latter contained^
I . the dodrine ^p/'private rights, or thelanxjs obtaining in
natural liberty, 2. Oeconomicks, or the la^s and rights
of the feveral members of a fa772ily ; and ^^ Politicks^
fyenving the various plans of civil government , and the
rights of fates nvith refpeSi to each other, Thefollonving
hooks co?2tain the elemejits of thefe feveral branches of mo-
ral philofophy ; 'which if they are carefully ftudied may
give theyduth an eafier accefs to the nxjell knonvn and ad*
mired works either oftheantients, Plato, Ariftotfe^Xe-
Tidphon , Cicero ; or of the moderns, Grotius, Cumber-
land, Puffendorf, Harrington and others^ upon this
branch ofphilofophy.

The learned ivill at once difcern honv 7?mch of this com^
pendis taken from the writings of others, from Cicero
andh ri flotle ; and to 7ia7ne no other 7noderntyfron Vvi-
kndov^'s fmaller nvorky de ofEcio hominis et civis,
^obich that worthy and ingenious 7nan the late Profejfor
Cerfchom Carmichael ofClafgonx), by far the beQ com-
7H€ntator on that hook, has fo fupplied and correfied that
the 72otes are of 7^6 h fnore value than the te>,t. Th^"

b

reafons of my undertaking to compofe anenx) a compend of
this branch of philofephy, after fo many fuch compends
have been puhlif?ed by very learned men, <were thefe\
every teacher muji ufe his o^n judgment on thefe fubjeasy
tfe his own met hod y and that difpofition of the fever al
parts ^ andthofe argimients which fe em to him ofgreateft
force, bejifuited to the apprehenfions ofthejiudents, and
apteji to touch their hearts onfuchfubje^s. And as the
method and order nvhich pleafed me mofl is pretty diffe-
rent from ivhat has of late prevailed; if it can be of
any advantage in education, it mufl be of ufe to thejiu-
dents to have in their hands an abridgement, containing
the method and the principal heads of argument, to recall
to their memories the points more largely infiftedupon in
their leBures,

The defign ^/CiceroV books de officiis, ^hich are fo
veryjuftly admired by ally has been mifaken inconf derate-
ly byfome very ingenious jnen, n^hofpeak of thefe books as
intended for a compleat fyjiem of morals or ethicks.
Whereas Cicero exprefly declares, that the doClrine con-
cerning virtue, and the fupreme good,nvhich is the prin-
cipal part of et hicks y is to be found elfenxjhere. Nay in his
.(ywn books &t finibus, ^WTufculan queaions, he had
previoujly treated thefe fubje^s fnore copioujly"^. And he
tells us expre/lyy\ that in his book de ofEciis he follows the

* As we find from Cicero^ firll book de jinihus that 3rum
had wrote a book de virtute addrefTed to Cicero; this might
be the rcafon why no book of Ciceroh bears fuch a title ;
tho' 'tis manifeft to any who read the books de jinihus and the
Tufculan queftions, that the fundamental doOrine of morals is
copiouQy delivered in them, and prefuppofed in the books i^^
officiis, and pafTed over in a fe^ion or two.

+ See Book I. ch, i. ii, and Book III. ch. iii.

r vii 3

Stoicks, a>2cfu/ef their -way of treating thlsfubjea. N<m
tu ^ellknmjn that the Stoicks viadefuch difference be-
t^een virtue, ivhich they counted the file good, and the
officia, or external duties of life, that they counted thefe
duties among the things indifferent, neither morally eood
nor evil. * Thedejign then of thefe books dcofficm is this ■
toJ],enxj howperfins in higher flations, already ■well in-
Itruaedm the fundamentals of moral philofophy,f,ould
fo condua tbemfelves in life, that in perfeii conjjlence
■with virtue they may obtain great interej},ponA:r,popu-
tarity, high offices and glory.

^"thefecondifnprefwnofthis book feme fe^ additions
jeemed neceffary and feveral amendments. The author
mce intended to have made references all along to the
more eminent writers, antient or modern, 'who treated
ihe feveral fubjeas. But confidering that this could be
of no ufe except to thofe who have the cited books at hand
undthatfuch could eafdy by their indexes find the corre-
ponding places for tbemfelves : he /pared himfelf that
Jifagreeable and unneceffary labour. Mnvho have look-
ed into fichfubjeas know that the general doarine and
foundations of morals may be found in the antients above-
mentioned, and in Dr. Cumberland, and in £«r^Shaftef-
liury : and that fcarce any queftion of the lanxj of nature
.nd nations is not to be found in Grotius, Puffendorf,

• Nay he alfo declares 1. Hi. c. 3 . that lie writes only de
mcdns officus, which might be performed both by the Ufe
and the tw-wifi ; and yet in the latter they allowed no vir-
tue. Belides, the antients generally delivered all the juriftru.
Jcntia naturalis, and their doflrine about civil covcrnrnent
m theW folitica, or books di legibus, of which there's little or
nothing in the books <k officih ; tho' thefe are parts of the
inoralphilofophy of the antients.

b 2

t viii "]

erpeciaUy -with BarbeyracV copious notes, Harrington,
Locke, or Bynkerflioek, to mention no more, hay in
Barbey rac one finds the principal authors -who have pub-
lifhed large differtations on particular heads. Such as
-want more full difcuffions of any fuch points, mujlhave
recourfe to thefe authors. r i n j ,

riyefe elementary books are for your ufe -who ftudy at
Univerfities,andnotfor the learned. Whenyou have con-
fideredthem -well, goon to greater and more tmportant
\aorks. Go to the grand fountains ofallthefciences, of all
elezance; the inventers and improvers of all ingenious
arts the Greek and Roman 'writers : and-whileyou are
dralinsfrom them 'what knowledgeyou can, have recourfe
alfo to yet purer fountains, the holy Scriptures w^/.-^«-
lonegive to finful mortals any fare hopes of an happy im-
mortality ; that you may adorn your fouls -^ith every vir-
tue, prepare yourfelves for every honourable office in life,
and quench that manly and laudable thirflyoufoould have
after knowledge. Let not philofiphy rejl infpeculation, let
it be a medicine for the diforders of the foul, freeing the
teart from anxious folicitudes and turbulent defires; and
difpelling its fears : let your manners, your tempers, and
condun befuch as right reafon requires, looknotupon this
partofphilofophyasmatterofoftentation,orf,ejofknow.

ledJ/butasthe mojl facred la'w of life andcondua,M
none can defpifenvith impunity,or'withoutimpietyto'ward
Cod ■ and 'whofe precepts whoever ferioufly endeavours to
obey, as far as he is capable, foews the true/l 'worth and
excellence, and the highefl -wifdom ; and is truly the moft
trofperous as to his greatejl interefts in life.

CHoo/e the beft courfc of life, and cuftom will make it
the moft: pieafant. Pythagoras.

AfTume to yourfelf to live like a perfect man, or one uho
has made great proficiency in philof phy, and let it be an
inviolable law, to adl the part that appears moft virtuous.

EfiBetus.

Other animals are committed to the government of men,
but God has committed men to the government of their own
natural confcience. This governor we never fliould diibbey ;
for it is offenfive to God, and makes us enemies to the con-
{cience within us. EpiBet, Fragm,

Choofe rather to correift your own paflion?;, than to be cor-
reOed and puniihcd on their account. The fame author.

In this one thing delight and reft yourfelf, in going on
conftantly from one Ibcial adlion to another with remem-
brance of the Deity. Marcus Antonin,

In every defign, or attempt whether great or fmall we
ought to invoke God. Plato.

Give joy to the immortal Gods and tho(e that love you.

An unhiQ-wn Poet In Antonhi,

I

THE

CONTENTS

OF THE SEVERAL

BOOKS AND CHAPTERS.

N the Preface. The divifion of philofophy into 3 parts.
The feveral branches of moral philofophy. v. The Au-
thor's intention in this compend. vi. The defign of Cice-
ro's books de officiis. ib. An account of the 2d edition, vii.
And an exhortation to philofophy. viii.

BOOK I. The Elements of Ethicks.
Chapt. I. Of human nature and its various parts or powers, p. I.

1. How moral philofophy an art fuperior to others, ib,
derived from the ftrufture of our nature. 2. the method
of treating it. ib.

2. The human body its dignity. 3.

3. The powers of the foul, uaderjianding and luilL 4. the
fenfes external and internal^ whence our notions of good
and evil. ib. y. Senfations of a middle kind, their ufe.
fenfations direB and refiex. 6.

4. Internal fenfe, confcioufnefs, or refle£lIon. ib. Reafon.
ib. the knowledge of God and his will. 7.

5. The fublimer fenfes. ib. The will and its calm moti*
ons. 7, 8.

6. The paffions diftinft from them. ib. their divifions. 9.

7. Affeftions ieififh or difinterefted. 10. difintereftcd, calm
or paflionate. 11. ends ultimate or fubordinate. 12. two
general determinations of mind. ib.

8. The reflex fenfes. ib. The pleafures of imagination in
beauty, mufick, painting, and all imitation, ib. in gran-
deur, novelty, knowledge. 12,13.

p. Sympathy with others, ib.

10. Man fitted for aftion. 14. Refiex fenfes to regulate
cur aftions. 15-. the fenfe of moral good and evil, or
confcience. 16. the obje£ts of approbation and condemna-
tion, ib. this fenfe natural without views of intereft.
17. obje^^ions anfwered. 18, 19.

11. Degrees of virtue. 20. degrees of vice alfo various,
20, 2I,,22,

b 4

CONTENTS.

12. The Confcience or moral fenfe the guide of life, 22.
its fiiprcmacy, 23, 24.

13. The fenle of honour and Jhame. ih, the uniformity of
thefe fenies. 2j.

14. The fenfe of what's nV/Woz/5, laughter. 26.

15". Several forts of good, and pafTions toward them. 27,
28. The ipeciespf felfiih defiiesand averfioi^s. ib. and
of difintereftc'd. ih. fpecies of felfifh joy and forrow. 29.
of difintereiled joy and forrow. ib.

i6. All thcfe how natural. 30.

17. ^ffhciations of ideas and habits, ib. their influence, ib,
fubordinate defires. 31. The power of fpeech. 32. Di-
verfities of temper, ib, and prefent depravation of man-
kind. 33.

18. 'Tis the bufmcfs of philofophy to fhew the natural
order of the feveral parts, and how they may confpire
to one end. ^4.

Chapt. II. Of the Supreme Good. 37.

I. The influence of the unJerftanding over the will, ib,
th^ mutual power of the will. 38.

;2. The nature of good and final caufes. ib. How goods
are eftimated, and what the charafiers of the Supreme
Good. ib. 39.

3. The inftability and inconfiftency of feveral forts. 40,

A. Abfence of uneafmefs not the chief good. 41. Senfual
pleafures the meaneft fort. ib. they are recommended by
falfe colours. 42. condemned even by the voluptuous.
43. virtue admits the beft enjoyment of them. 44.

f. The pleafures of grandeur and elegance and the inge-
nious arts not fufTicient alone. 44, 4;.

6. Our fympathy of great importance. 46. and very lad-
ing, but wholly depending on Providence. 47.

7. pleafures of a moral kind the higheft. 48. joined with
thofe of piety the mofl durable alfo. 49.

8. The importance of the fenfe of honour, so.

9. The pleafures of mirth conlpire with the moral. $1,
JO. As do alfo the purfuits of wealth and power, and de-
fires of life. 51, 52. our happincfs therefor depends on
virtue, si-
ll. The oppofite evils compared, ib. No pain oppofite to

fome internal pleafures. s^- Virtue no natural occafion
of evil. ih. The fole cure of fympathetick pains from
piety. 5 5". Moral evil the greatclt, conjoined with in^
famy. sSi S^- The fum of virtue and happinefs. i.
}2, All dependent on the Peiiy. ib.

CONTENTS.

Chapt. III. Of the Divifions of Virtue, 58.

1. The general notion of virtue and its higher kinds, ih,
lower degrees, ib. virtuous powers and habits. $9- man-
ly difpofitions approved, ih.

2. Virtues intellectual and moral, firft intelleftual. 60,
moral how placed in mediocrity. 61. cardinal virtues
four. 62.

3. Prudence its parts, ih. Fortitude. 62, 63. Temperance and
its branches. 64. Juftice the chief virtue, ib,

3. The true fpring ot virtue. 6s ^ 66. mediocrity not its

primary notion, ib.
5". Another obvious divifion. 6y.
Chapt. IV. Our Duties toward God. 68.

1. Juft opinions and affections fuited to them contain all
piety, ib. affections due to the natural attributes, ib.

2. Affeftions fuited to the moral attributes, ib. Grounds
of a gciicral hope to finners. 69, 70. the divine good-
nefs the fole ground of liable tranquillity, ib. Piety na-
tural. 71- the afts of worfhip their intention and ufe. ib.

3. Publick worfhip due. 72, 73.
Chapt. V. Our Duties ioivard mankind. 74.

1. Natural affeflions fliew our duties, ih.

2. And are great fources of happinefs. 75-. the fum of fo-
cial virtues. 76.

3. Our ordinary duties fpring from lefs extenfive afFefli-
ons : which all (hould cherifh. ib. other obvious indica-
tions of duty. 77, 78.

4. The nature and rules of friend fliip. 78, 79.
5". A due proportion of affeftions. 79, 80.

Chapt. VI. Duties toward ourfelves. 81.

J . Obtaining knowledge and juft opinions chiefly about the
Deity, ib. and our own nature 82.

2. The belief of a providence, ib. and contempt of ex-
ternal things. 83. knowledge infufficient without prac-
tice. 84.

3. The feveral branches of virtue. 85^. no natural paflion
ufelefs. ib. moderate ones often lovely and ufeful. 86,
87. Love of life. ib. defire of pleafures. ih. Liberality
and frugality, ib. Magnificence. 88. Magnanimity, ib.
Ambition, ib. Love of fame. 89. wife refentment. ib,
juft indignation, ib. Veracity, candour. 90. Courtefy,
ib. Modefty. ib.

4. Care of the body. 91. fome occupation orbufmefs. ib,
the dignity of feveral profeffions. 92.

Ch\?t, V 11. Tragical Confiderations J 8zc,9Z,

CONTENTS,

1. Our higher powers lead to virtue. 93. a fenfe of duty
and a moral providence univerfal. 94.

2. Motives to virtue. 95". 'tis generally both pleafant and
advantageous, i^. this lliewn of Prudence, Juftice, Tem-
perance, and Fortitude. 96, ^-j.

3. All our virtues the gifts of God. 98. we Ihould have a
full perfuafion of the excellency of virtue. 98,99. and
know the particular laws of nature, ih,

BOOK II. Elements of the Law of Nature.
Chapt. I. Of the Law of Nature. loi.

1. The general doftrine of morals, ib. The notions of right
and wrong. ib» Law of nature what. 102. The notion
of a law. ib,

2. The Deity's right of governing founded on his moral
perfe£lions. 103. Human power how founded. 104.

3. God the author of the law of nature, ib. Two parts in
a law, the precept and fanftion. 105-.

4. Laws natural and pofitive in a double fenfe. ib,
$, Privilegia. 106. Equity, ib.

6. Difpenfations twofold. 107. what is a difpenfation pro-
perly. 107, 108.

7. Laws primary and fecondary. ib. two general laws. 109.
Chapt. II. Of rights and their diviftons. 1 10.

1. A focial life necefTary. no, iii.

2. Rights of men how notified, and what. 112. no right
valid againft the general good. ib. the notion of obliga-
tion twofold. 113.

3. Rights p^r/iff? and iw/>^r/<?ff.zJ. various degrees of them. 1 14.

External ng\\xs. 115". no oppofition among juft rights, ib.

4. What rights alienable, and what not. ib. two general
focial laws. 11 5.

Chapt. III. Degrees of virtue and vice and the circumftances on
-which they depend* 117.

1. Confcience what. ib. its different divifions. Aftions good
materially ov formally, ih. 118.

2. Circumftances affefting the morality of aftions three*
fold. ib. Liberty necefTary. ib. Aftions of three forts
called involuntary. 119.

3. Ignorance and error voluntary or not. ib. of law or
faa. 120.

4. Q_aeftions about an erroneous confcience. ib.

$, Circumftances affcfting morality which relate to the
will. 122. Rind afFeftions of different moral beauty.
lb, 123, 124.

CONTENTS.

tf. General rules of eftimation. 124. Private interefis abate
the virtue of a£lions. 125:.

7. The importance of a£lions affects their morality. 126,
how the events of them are imputed. 127, 128.

8. The effefls of cullom and habit, ib. "When adions of o-
thers are imputed. 129.

Chapt. IV. Of the nature of right s of individuals . 130.

1. The feveral (Kites of men. ib. State of natural liberty.
ib. fociety abfoUuelj necelTary. 131.

2. Kights private, publick, or common to all, 132. Right na-
tural or acquired. i3.

3. Private natural rights. 132, 133. that of private judg,
ment, &c. ib.

4. The natural equality of men. 134. no natural right to
power. 135-.

S' The impcrfeft natural rights. 125", t^$,
6. The rules of beneficence. 136, 137.
Chapt. V. Real adventitious rights and property. 138,

1. Real right, property, ib.

2. Richt of dominion over animals, 138, i^p,

3. Theenting of flelh. ib. 140.

4. Foundations of property, ib. Community of goods per-
nicious. 141. 142.

Chapt. VI Methods of acquiring property, 143.

1. Original property from occupation, ib.

2. What fort of occupation preferable, 144, ^c.

3. Perpetual property. 146. when property begins. 147.
how far it extends, ib.

4. Things deftined to be common. 148. Community nega-
tive and pofitive. 149.

5. Goods of communities or focieties. i^o. Prcfcription. ib.
Appendages how occupied, ih. Accrflions, rules about
them. 15-1. Several rights included in full property. 152.

CuAVT. V 11. Of derived property. 15-3.

1. Rights real and perfonal, how they arife. ib. if 4.

2. Parts of property fubfiftingreparately. ij-f. Pofrefllon.
ib. Prefumptive property, and rules about it. 156, &c,

3. Rights of entail. ijS.

4. Pledges and mortgages, ib. 1$^,
f. Servitudes, ib, 160.

Chapt. VIII. The transferring of property, fucceffion, tejlaments.
^c, \6i.
I . Property transferred by the deed of the proprietor, ire. ib.
2. Transferring on the event of death, wills, ib. Tuft debts
preferable. 162.

CONTENTS.

3. Property transferred by law during life. 165. andon
the event of death, ib. The natural order of fucceffion,
164, 165".

4. Lineal luccelTion not natural, ib. 166,
Chapt. IX. Of contr ad sin general 167.

1. The neceffity of contraas. ib. 168. they found perfeO:
rights, lb.

2. They oblige tho' made imprudently. 169. Matters of
Commerce, ib.

3. Three forms of fpeaking to be diftinguiflied. ib. 170.

4. Underftanding neceflary. ib. The cafe of minors and
madmen, ib. iji.

5. Miftakes and errors in contra6ls. 172, 173.

6. Voluntary con fent neceflary. 174. Tacit conventions.
ib. conditions. 175. mutual confent. iJ.

7. What conditions to be regarded, ib. iy6.

8. The exception of force and fear. 177, 178. Faith due to
bad men. ib.

9. Force ufed by one of the parties, twofold, ib. 179.

10. The matter of contraas muft be polTible. 180. and law-
ful. 181. Contraas about the rights of others. 182.

11. What prior contraas make void the fubfequent. ib,

12. Obligations contraaed by others in our name. 183.
Chapt. X. Our obligations infpeech. i8y.

1. An immediate fenfe recommending veracity, ib.

2. An important divifion of figns. 186, 187. two rules. i88,

3. Several neceflTary obfervations. ib. 189, 190.

4. General duties in converfation. 191. what fpeech ob-
fcene. 192.

Chapt. XI. Of Oaths and Vows. 193.

1. The ufe of oaths and their nature, ib. 194.

2. The manner of demanding them and what obligation
produced, ib. 195".

3. The various kinds of oaths. 196, 197.

4. Vows their nature and ufe. 197, 198.
Chapt. XII. Of the Value of Goods and of Coin, 199.

1 . In commerce all things muft be valued ; the grounds of
value, ib. 200.

2. Neceffity for fome ftandard. ib.

3. The defign of coinage. 201.

4. Value of money not arbitrary. 202, 203.
Chapt. XIII. Of the feveral forts of ContraBs. 204.^

1. Contraas beneficent or onerous. Mandatum, ibt

2. Loan for ufe or confumption. 205".

3. Dcpofiting. ?^.

COKTENTS.

4, The nature of onerous contrails. 206,' Ground of mer-
chants profit. 207.
5". Barter, buying and felling, contrafts of hazard. 207.

6. Hiring and fetting to hire. 208.

7. Loans for confum ption at intereft. Intereft how juft.it. 209.

8. Contrafts of infurance. Gaming and wagering how far
lawful, ib. 210.

9. Bail, pledges and mortgages. 211, 212.
Chapt. XIV. Obligations like thofe from ContraBs. 213.

1. Obligationes quafi ex contratfu, of what nature ; two clafles
of them : one from intermeddling with the goods of o-
thers. ib. 214.

2. Obligations to indemnify adminiftrators, or fuch as fu-
ftain lofs for our advantage. 214, 215:.

3 . The cafe of orphans maintained, and the children of flaves
with other obligations of the ftcond clafs. ib. 216, 217.

Chapt. XV. Rights arifing from damage done, and the Laivs of
War. 218.

1. Every one obliged to repair what damage he does, ib,
Pnnilhraents for injuries necedary. ib. 219.

2. Damage what, and who are bound to repair it. ib. 220.

3. Damages by accident, by flaves, or by cattle, ib. 221.
The obligation to forgive injuries, ib.

4. When force may be juftly ufed. Different kinds of war.
lb. 222. publick and private, folemn and ?7ot folemn. ib.

5-. War may be lawful, ib. three points to be fettled. 223.

6. Juft caufes in natural liberty. 224. and in civil fociety . 225".

7. The juft time of commencing in liberty, ib. and in ci-
vil life. 226.

8. The bounds of our claims in liberty, ib. and under go-
vernment, lb. A right of puni(hing in natural liberty.
227. violent profccution. ib.

9. Duels unlawful, ib. 228. The ufe of courts of honour.
%b. One fort of duels jufl on one fide. 229.

Chapt. XVI. Extraordinary rights in cafes of necefjity. The com-
mon rights of mankind. 230.

1. Exceptions in cafes of necefHty. ib.

2. Such neceflity muft: be manifcfl and very great. 231,
Objeftionsanfwered. 232.

3. Necedary cautions in applying this doftrinc. 233, 334.

4. The common rights of mankind as a fyftem. 235-, 236.
Chapt. XVII. How rights and obligations ceafe. How controvert

fies are decided in natural liberty , &c. 237.
I. Obligations are taken away three ways, by payment, re-
7wi//7w, or defeft of conditions, zt. 2381

CONTENTS.

5. The fcvcral ways of ending controverfics. 238. who
proper arbiters. 239. how they fhould proceed, ib,

3. General rules of interpretation. 240, 241.

4. The laft reialt in controverfies is force, hence the neccf-
fity of civil government. 241.

BOOK III. The Principles of Oeconomicks
AND Politicks.
Chapt. I. Concerning Marriage. 243.

1. Reafon for marriage among thofe of the human fpecics.
il>. 244.

2. Chiefly from the duty of educating offspring. i5.

3. Plato^s fcheme cenfurable. 24^, 246.

4. Grounds of marriage-laws. Who bound to marry. 247,
5". Four chief articles, i. Fidelity in women. 2.Thelikeob-

ligationonmen. Polygamy unjufl. 3. Joint aid in educat-
ing and providing for children. 4. The bond perpetual,
ib, 248, 249.

6. Impediments, either mdUties, or caufes of divorce. Some
natural, (ome moral. 2jo. prior contra£ts. 2ji. and con-
fanguinity. ib. 2 5'2.

7. The caufes of divorce, various. 25*2, 25'3. the duties in
marriage, ib.

Chapt. II. The Duties of Parents and Children, 25-4.

1. The grounds of parental power, and the extent of it. ih,

2. 'Tis common to both parents, ib. Rights and obliga-
tions of parents. 256.

3. Parental power enlarged by civil laws, ih, 2S7*

4. Duties of adult children. i/>. 258.
Chapt. III. Of Mafters and Servants. 259.

1. The original ot fervitude, with neceifary remarks, ib.260,

2. The fole juft cauics of flavery, ib- 261. the Roman un-
ju(t. ib. captives fliould not be made Haves, ib. obje6li-
ons anfwered. 262, 263, &c.

3. Mutual duties. 265".

Chapt. IV. The Origin of Civil Government. 266,

1. The two motives to civil focicty under government,
the fears of injuries and the natural approbations of vir-
tue, ib. 267.

2. The (Irongcr motive the fear of injuries, ib. 268. No
other prefer vative fuf!)::ient. ib.

3. The firft- polities not from force. 269.

4. Polity better than any anarchy, ib, 270. the cndsof po»
lity. 271, 272.

CONTENTS.

Chapt. V. The internal JlruBure of States ; and the parts ofjiu
preme Power. 272.

1. Civil power from confentand contraft. ih.

2. How power and polity is conftituted. 273. How pofte-
rity bound. Ih, 274.

3. The naiure of publick law. 275".

4. The fevcral parts of fuprcme power j the legiflativc.
ib. 276. the raifmg of tributes, ib, the executive, ib, the
fmaller rights. 277.

5. "Who has the lupreme power, tb. a fyftem of dates, ib. 278,
Chapt. VI. Of the various plans of Polity. 279.

1. The fimple kinds, ib. The afts of a council what, ib,

2. Different kinds of monarchy. 280. of ariftocracies and
democracies, ib.

3. Four main advantages to be purfued. 281, «z5rf. fome ci-
vil bond of union among the fubjefts in which power is
lodged. 282. Power refts on property, ib. No unequal
privileges. 283. nor impunity in abulc of power, i^. The
beft number for a (late ib. 284.

4. The advantages and difadvantages of monarchy, ih,
28 J. and of ariflocracies. ib. and democracies, ib. The
ufe of the ballot, ib.

$, The advantages of the mixed forms, and how they
ihould be conftituted for the general fafety. ib. 286,287.
a cenforial power. 288.
Chapt. VII. The Rights of fupreme Power, and the Ways of
acquiring it. 289.

1. Civil power is determined by the conflitution, and fun-
damental laws. lb. may fometimes be juftly revoked or
abrogated, ib. No other divinity or facrednefs in the
rights of princes than in private rights. 290.

2. In every plan of polity the people may have a right of
defence and refiftance. 291, 292. who ihould judge in
fuch queftions. ib.

3. The nature of an inter-regnum. ib.

4. What is due to good princes. 293. what to fuch conquer-
ed, ib. ^

5. Liberty natural and civil. 294.

6. The rights of governors derived from feme deed of the
people, ib. 295-.

7. No form more divine than another, ib,

8. A full inquiry into the rights of conqueft. 296, 297.

9. The right of puninUng can never fubjea a whole pco*
pie, 298, 2^9. ^

G d N T E isf r s.

io. No patrimonial kingdoms. 299. The conqueror may af-
terwards acquire a right. 300.
II. Sovereignty how forfeited, and heirs juftly excluded.
301, 302. fcv^eral forfeitures of civil power, ih. 303.
Chapt. VIII. Of Civil Lcnus ami their Execution. 304.

1. The nature and end of civil laws, ih. Liberty of cOn*
fcience, with a publick leading by the magiftratc. 305".
Perfecution iinjiift. ib. 306.

2. The example of governors moft cffcftual. ih. virtues to
be chiefly encouraged; Temperance, ih. Luxury deftrUc-
tive. 307. Temperance promotes induftry. 308.

3. Induftry the main foundation of wealth, ib. 309,

4. Jujtice highly neceiTary. ib.

5. Fortitude nnd military arts univerfal. ib.

6. No fubjefts iliould depend on any foreign ftate or pow-
er. 310.

7. Civil laws fhould confirm the laws of nature. 311.

8. San£^ions of 'aws various. Honours. 312.

p. The nature of punifhments. ib. Intentions how punifhable.
3 1 3. What refpci^l of perfons lawful, what unlawful. 314.

10. Puriflinents of corporations, ih.

11. Obligation to pa}' tribute. 315'.

12 . The duties of fubjc^b toward governors, and others, ih.
Chapt. IX. The Laws of War. 317.

1. What rcqiiifitc to an open, folemn war. ib. Civil wars
favourable. 318.

2. Publick lazv, neccfiary or voluntary, ih. Laws of war. ih,
219.

3. Voluntary laws of war. 320.

4. Rights of rcprifa'S. ib.

J. Laws relating to neutral ftates. 322*, &c.
Chapt X. Of Treaties, AmbalJadors^ and the diffolution of Civil
Societies. 12$.

1. The nature of publick Treaties, ih. I-Ioftages. 326.

2. The natural rights of ambafladors. ib. their cuflomary
rights, ib. {\\b\tb. to no foreign court, ib. 327. their hou-
fes fanOuaries. ih their powers over their own retinues.
ib. juft defence againft them. 328. Precedency, ib.

3. How ftates are 'JifTohed. tb.

4. Rights of alienating provinces. 329. of giving up citi-
zens. 330. 5:. What rights when a ftatc is diflbhcd. ih>
and revives .again, ib. 331.

. J. Our duty to our Country, ih.

SHORT

INTRODUCTION

T O

MORAL PHILOSOPHY.

BOOK I.

The Elements of Ethicks.

CHAP. I.
0/ HvMAU Nature arid its V art s.

I. A S all other arts have In view fome good to
f\ be obtained, as their proper end, Moral
Philofophy, which is the art of regulating
the whole of life, muft have in view the noblefl: end ;
fince it undertakes, as far as human reafon can go, to
lead us into that courfe of life which is moft according
to the intention of nature, and moft happy, to which
end whatever we can obtain by other arts fhould be
fubfervient. Moral Philofophy therefore muft be one
of thefe commanding arts which diredis how far the
other arts are to be purfued. And fince all Philofb-
phers, eve'n of the moft oppofite fchemes, agree in
words at leaft, that '' Happinefs either confifls in vir-
*^ tue and virtuous offices, or is to be obtained and
^* fecuredby them:" The chief points to be enquired

A

2 {yHuMAN Nature Book I.

into in Morals mufl: be, what conrfe ox^life is accord-
ing to the intention of nature ? wherein confifts hap-
pinefs ? and what is virtue ?

All fuch as believe that this imiverfe, and human
nature in particular, was formed by the wifdom and
counfel of a Deity, mud exped to find in our ftruc-
ture and frame fome clear evidences, fhewing the
proper bufinefs of mankind, for what courfe of life,
what offices we are furnifhed by the providence and
wifdom of our Creator, and what are the proper
means of happinefs. We muft therefore fearch accu-
rately into the conPdtution of our nature, to fee what
fort of creatures we are ; for what purpofes nature has
formed us ; what charadter God our Creator requires
ms to maintain. Kow the intention of nature with
refpedt to us, is bed known by examining what thefe
things are which our natural fenfes or perceptive
powers recommend to us, and what the mod excel-
lent among them? and next, what are the aims of
our feveral natural defires, and which of them are of
greateft importance to our happinefs ? In this inquiry
we (hall lightly pafs over fuch natural powers as are
treated of in other arts, dwelling chiefly upon thofe
which are of confequence in regulating our morals.

In this art, as in allothers, we muft proceed from the
fubjeds more eafily known, to thofe that are more ob-
fcure ; and not follow the priority of nature, or the dig-
nity of the fubjeas : and therefore don't deduce our firft
notions of duty from the divine Will ; but from the
conftitution of our nature, which is more immediately
known; that from the full knowledge of it, we may
difcover the defign, intention, and will of our Creator
as to our condua. Nor will we omit fuch obvious

Cb. I. and its Vk^TS. 3

evidences of our duty as arife even from the confide-
rations of our prefent fecular interefts ; tho' it will per-
haps hereafter appear, that all true virtue mud have
feme nobler fpring than any defires of worldly plea-
fures or interefts.

II. First then, Human nature confifts of fonland
body, each of which has its proper powers, parts, or
faculties. The inquiry into the body is more eafy,
and belongs to the Phyficians. We only tranfiently
obferve, that it is plainly of a more noble * ftrudure
than that of other animals. It has not only organs of
fenfe and all parts requifite either for the prefervation
of the individual or of thefpecies, but alfo fuch as are
requifite for thatendlefs variety of allien and motion,
which a rational and inventive fpirit may intend, and
thefe organs formed with exquifite art. One cannot
omit the dignity of its ered form, fo plainly fitted for
enlarged contemplation ; the eafy and fwift motions
of the joints; the curious ftrudture of the hand, that
great inftrument of all ingenious arts; ihecountenance,
fo eafily variable as to exhibit to us all the afFe*5lions
of the foul; and the organs of voice, fo nicely fitted
for fpeech in all its various kinds, and the pleafure of
harmony. Thefe points are more fully explained by
Anatomifts.

This curious frame of the human body we all fee to
be fading and perifhing; needing daily new recruits by
food, and conftant defence againft innumerable dan-
gers from without, by cloathing, (belter, and other
conveniences. The charge of it therefore is commit-
ted to a foul endued with forethought and fagacity,

A 2
* Sec this explained by Dr. Cumberland,c/e Leglhs Naturae^

4 ^ H U M A N N A T U R E . Book I.

which is the other, and by f.\t the nobler part in our
conftitution.

Ill, The parts or powers of the foul, which pre*
fent us with a moreglorious view, areof variouskinds :
^ bet they are all reducible to twoclafTes, the Under"
jlanding and the Will, The former contains all the
powers which aim at knowledge ; the other all our
defires purfuinghappinefs and efchewing mifery.

We fhall but briefly mention the feveral operations
of the underftanding, becaufe they are fufficiently trea-
ted of in Logicks and Metaphyficks, The firft in or-
der are xh^fenfes : und^r which name we include eve-
ry " conftitution or power of the foul, by which cer-
*^ tain feelings, ideas or perceptions are raifed upon
*^ certain objeds prefented." Senfes are either ex-
tenialy or internal and mental. The external depend
on certain organs of the body^ fo conftituted that up-
on any impreflion made on them, or motion excited,
whether by external impulfes or internal forces in the
body, a certain feeling or notion is raifed in the foul.
The feelings are generally either agreeable, or at leaft
not uneafy, which enfue upon fuch impreffions and
changes as are ufeful or not hurtful to the body: but
uneafy feelings enfue upon thofe which are deftrudive
or hurtful.

Tho' bodily pleafure and pain afFedl the foul pretty
vehemently, yet we fee they are of fhort duration and
fleeting ; and feldom is the bare remembrance of paft
bodily pleafures agreeable, or the remembrance of paft

* Concerning human nature, befide Ariftotlc'*s moral writ-
ings, Nemeftus de homine, Locke, and Malebranch ; many^ex-
ceilent oblervations are made in Cicero^s jth book definibus,
^rrlan, and Lord Sbaftcshurfs Inquiry ^ dLwdRbapfady,

Ch. I. and its V ARTS. J

pain in it felf uneafy, when we apprehend no returns
of them.

By thefe fenfes we acquire the firft notions q^ good
and evil. Such things as excite grateful fenfations of
this kind, we call good; what excites painful or unea-
fy fenfations, we call evil. Other objeds alfo when
perceived by fome other kinds of fenfes, exciting al-
fo agreeable feelings, we likewife call good, and their
contraries evil. Happinefs in general^ is ^^ a (late
^' wherein there is plenty of fuch things as excite thefe
^^ grateful fenfations of one kind or other, and we are
*^ free from pain." Mifery confifts in '' frequent and
^^ lading fenfations of the painful and difagreeable
" forts, excluding all grateful fenfations.'*

There are alfo certain perceptions dependent on bo-
dily organs, which are of ^ middle nature as to plea-
fure or pain, having a very fmall degree of either join-
ed immediately with them : thefe are the perceptions
by which we difcern the primary qualities of external
objeds and any changes befalling them, their magni-
tude, figure, fituation, motion or rell : all which are
difcerned chiefly ^yjtght or touchy and give ns neither
pleafure nor pain of themfelves ; tho' they frequently
intimate to us fuch events as occafion deiires or averfi-
ons, joys or forrows.

Bodily pleafures and pains, fuch as we have in com-
mon with the brutes, are of fome importance to our
happinefs or mifery. The other clafs of perceptions,
which inform us of the qualities and ftates of things
external to us, are of the higheft ufe in all external
adion , in the acquiring of knowledge, in learning and
pradlfing the various arts of life.

Both thefe kinds of external perceptions may be cal-
A 3

g 0/"HumanNature. Book I.

led dire£i and antecedent^ becaufe they prefuppofe no
previous ideas. But there's another clafs of percepti-
ons employed about the objecfts of even the external
fenfes, which for diftindlion we call reflex ox fiibfeqiienty
becaufe they naturally enfue upon other ideas previ-
oufly received : of thefe prefently. So much for ex-
ternal fenfation.

IV. Internal fenfes are thofe powers or deter-
minations of the mind, by which it perceives or is con-
fcious of all within itfelf, its a<flions, pafTons, judg-
rnentSj wills, delires, joys, forrows, purpofes of adi-
on . This power fome celebrated writers call confciouf-
nefs or refle^Hon, which has for its objev5ts the quali-
ties, adlions or ftates of the mind itfelf, as the exter-
nal fenfes have things external. Thefe two clafTes of
fenfation,external and internal, furnifli our whole (lore
of ideas, the materials about which we exercife that
nobleft power oi reafoning peculiar to the human fpe-
cies. This alfo deferves a fuller explication, but it
belongs to Logick.

'Tis by this power of reafon, that the foul perceives
the relations and connexions of things, and their con-
fequences and caufes ; infers what is to enfue, or
what preceded ; can difcern refemblances, confider in
one view the prefent and the future, propofe to itfelf a
whole plan of life; and provide all things requifite
for it.

By the exercife of reafon it will eafily appear, that
this whole univerfe was at firft framed by the contri-
vance and counfel of a mod: perfcd intelligence, and
is continually governed by the fame; that it is to him
mankind owe their preeminence above other animals
in the power of reafon^ and in all thefe excellencies

Ch. I. ^^^ ^^^ Parts. 7

of mind or body, which clearly intimate to us the will
of our munificent Creator and Preferver ; agd fhew us
what fort of offices, what courfe of life he requires of
us as acceptable in his fight,

V. Since then every fort of good which is imme-
diately of importance to happinefs, muft be perceived
by fome immediate power or fenfe, antecedent to a-
ny opinions or reafoning: (for 'tis the bufinefs of rea •
foning to compare the feveral forts of good perceived
by the feveral fenfes, and to find out the proper means
for obtaining them :) we muft therefore carefully in-
quire into ihe feveral fublimer perceptive powers or
fenfes; fince 'tis by them we difcover what ftate or
courfe of life beft anfwers the intention of God and
nature, and wherein true happinefs confirts. But we
mult premife fome brief confideration oi the IVIII, be-
caufe the motions of the will, our afFedlions, defires
and purpofes, are the obje^s of thefe more fubtile
fenfes, which perceive various qualities and important
differences among them.

As foon as the mind has got any notion of good
or evil by grateful or uneafy fenfations of any kind,
there naturally arife certain motions of the IVil/^ di-
(['md from all fenfation ; to v/it, Defires of good, and
Averfions to evil. For there conftantly appears, in e-
very rational being, a ftable efTential propenfity to de-
llre its own happinefs, and whatever feems to tend to
it, and to avoid the contraries which would make it
niiferable. And aitho' there arc few who have feri-
oufly inquired what things areof greateft importance
to happinefs ; yet all men naturally defire whatever
appears to be of any confequence to this end, and fhun
the contrary: when feveral grateful objeds occur, all

A 4

8 ^HuMAN Nature. Book I.

which it cannot purfue together, the mind while it is
calm, and under no impulfe of any blind appetite or
pafTion, purfues that one which feems of moft impor-
tance. But if there fhould appear in any obje(^ a mix-
ture of good and evil, the foul will purfue or avoid it,
according as the good or the evil appears fuperior.

Befide thefe two calm primary motions of the Will,
defire and averfwn, there are other two commonly a-
fcribed to it, to wit, Joy and Sorrow. But thefe two
are rather to be called new ftates, or finer feelings or
fenfes of the foul, than motions of the will naturally
exciting to a61ion. In this manner however we make
Dp thefe four fpecies mentioned by the antients, all
referred to the /^^///, or rational appetite : when good
to be obtained is in view, there arifes Defire; when e-
vil to be repelled, y^m>;^ ; when good is obtained
or evil avoided, arifes Joy; when good is loft, or evil
befallen us, Sorroiv,

VI. But befide the calm motions or affedlions of
the foul and the ftable defire of happinefs, which em-
ploy our reafon for their condudor, there are alfo o-
thers of a very different nature ; certain vehement tur-
bulent Impulfes, which upon certain occurrences natu-
rally agitate the foul, and hurry it on with a blind in-
confiderate force to certain anions, purfuits, or efforts
to avoid, exerted about fuch things as we have never
deliberately determined to be of confequence to hap-
pinefs or mifery. Any one may underftand what we
mean by thefe blind impetuous motions who refjeds
on what he has felt, what violent propenfities hurried
him on, when he was influenced by any of the keener
pafTions of lull, ambition, anger, hatred, envy, love,
pity, or fear ; without any previous deliberate opinio

Ch. i^ and its Parts. 9

on about the tendency of thefe objedls or occurrences
which raifed thefc feveral pafTions to his happinefs or
mifery. Thefe pafEons are fo far from fpringing from
the previous calm defire of happinefs, that we find
them often oppofmg it, and drawing the foul contrary
ways.

Thefe feveral paffions the antients reduce to two
claflTes, to wit, the pafwnate Dejiresy and the corre-
fpondent Aver/tons; both which they teach to be quite
diflindl from the Will; the former aiming at the ob-
taining fomepleafure or other, and the latter the war-
ding off fomething uneafy. Both are by the fchool-
men faid to refide in xhtfenfitive appetite; which they
fubdivide into the * concupifcible and irafcible ; and
their impulfes they call Pajfwns, The fenfitive appe^
tite is not a very proper name for thefe determinati-
ons of the foul, unlefs the fchoolmen would ufe the
woyA fe77fes in a more extenfive fignification, fo as to
include many perceptive powers of an higher fort than
the bodily fenfes. For 'tis plain that many of the mod
turbulent paffions arifeupon certain occurrences which
affedt none of the external fenfes ; fuch as ambition,
congratulation, malicious joy, the keen paffions to-
ward glory and power, and many others, with the
turbulent averCons to their contraries. The fchool-
men however refer to this fenfitive appetite all the
vehement inconfideratemotionsof the will, which are
attended with confufed uneafy fenfations, whatever
their occafions be.

Of thefe paffions there are four general claffes: fuch

as purfue fome apparent good are cdWtd pajfionate De^

fires QT Cupidity i fuch as tend to ward off evil are cal-

XO <?/*HuMAN Nature Book I.

led Fears y or Anger : fuch as arife upon obtaining what
wasdefiredor the efcaping evil, are turbulent J^'/,-
and what arife upon the lofs of good, or the befalling
of evil, Sorroivs. [nor have we in our language words
appropriated fo as to diftinguifti between the feverai
calm and paffionate motions of the will.j Of each
clafs there are many fubdivifions according to the va-
riety of objeds about which they are employed, which
will be further explained hereafter.

VII. There's alfo another divifion of the motions
of the will whether calm or paffionate, according as
the advantage or pleafure in view is for ourfelves or
others. That there is among men fome difinterefted
goodnefs, without any views to intereds of their own,
but purfuing uhimately the interefts of perfons belo-
ved, mud be evident to fuch as examine well their
own hearts, the motions of friendfhip or natural affec-
tion; and the love and zeal we have for worthy and
eminent characters: or to fuch as ohferve accurately
the cares, the earned defires, of perfons on their death-
beds,and theirfriendly offices to fuch as they loveeven
with their ladbreath : or, in the more heroic charadtcrs,
their great anions and defigns, and their marching
willingly and deliberately to certain death for their
children, their friends, or their country.

The difintereded affedions are either calm, or tur-
bulent and paffionate, even as the feliilli in which one
purfues what feems advantageous or pleafant to him-
felf. And the feverai affections or paffions, whether
more fimple or complicated, have a variety of names
as their objects are various, as they regard one's feif,
or regard others, and their charaders, fortunes, en-
dearments, and the feverai focial bonds with us or with

Cb. I. and ^ts?AKr$. II

each other; or the enmities or diflentlons by which
they are fet at variance; or as their former conduct
or defigns have occafioned thefe events which excite
our pafTions.

Thefe particular kind paffions are quite different
from any calm general good-will to mankind, nor do
they at all arife from it. They naturally arife, with-
out premeditation or previous volition, as foon as that
fpecies or occafion occurs which is by nature adapted
to raife them. We (hall have a more proper place to
explain them a little further after we have mentioned
the more fublime perceptive powers ; without the
knowledge of which many motions of the will muft
remain unknown.

What any fenfe immediately relifhes is defired for
itfelf ultimately ; and happinefs mufl: confilt in the pof-
feffion of all fuchobjeds, or of the moft important
and excellent ones. But when by the ufe of our rea-
fon we find that many things which of themfelves
give no pleafure to any fenfe, yet are the neceffary
means of obtaining what is immediately pleafant and
defirable, all fuch proper means fhall alfo be defired,
on account of their ends. Of this clafs are, an exten-
live influence in fociety, riches, and power.

But as befide the feveral particular paffions of tlie
felfifh kind there is deeply rooted in the foul a fteddy
propenfity or impulfe toward its own higheft hap-
pinefs, which every one upon a little reflexion will
find, by means whereof he can reprefs and govern all
the particular felfiHi paffions, when they are any way
oppofite to it; fo whofoever in a calm hour takes a
full view of human nature, confidering the conftituti-
ons, tempers, and charadlers of others, will find a like

tct 0/" Hum AN Nature Book I.

general propenfion of foul to wifh the univerfal profpe-
tity and happinefs of the whole fyftem. And whom-
ever by frequent impartial meditation cultivates this
extenfive affedion, which the inward fenfe of his foul
conftantly approves in the higheft degree, may make
it fo ftrong that it will be able to reftrain and govern
all other affedions, whether they regard his own hap-
pinefs or that of any fmalier fyftem or party.

yilL Having given this fummary view of the
Will, we next confiderthefefenfes we called reflex or
fubfequent, by which certain new forms or percepti-
ons are received, in confequence of others previoufly
obferved by our external or internal fenfes ; and fome
of them enfuing upon obferving the fortunes of others,
or the events difcovered by our reafon, or the tcftimo-
ny of others. We fhall only tranCently mention fuch
of them as are not of much importance in morals, that
v/e may more fully explain thofe which are more ne-
ceflary.

The external fenfes of Sight and Hearing we have in
common with the Brutes : but there's fuperadded to
the human Eye and Ear a wonderful and ingenious
Relifli or Senfe, by which we receive fubtiler pleafu res ; '
in material forms grace/uhefs, beauty znd proportion]
in founds concord znd harpiony ; and are highly de-
lighted with obferving exad ijnitation in the works
of the more ingenious arts, Painting, Statuary and
Sculpture, and in motion and Adion; all which af-
ford us far more manly pleafures than the external
fenfes. Thefe are the Pleafures to which many arts
both mechanic and liberal are fubfervient ; and men
purfue them even in all that furniture, thofe utenfils,
which are otherways requifite for the conveniency of

Ch. I. and its "Parts. 13

life. And the very grandeur and novelty of objedls
excite fome grateful perceptions not unlike the for-
mer, which are naturally conneded with and fubfer-
vient to our defires of knowledge. Whatever is grate-
ful to any of thefe perceptive powers is for it felf de-
firable, and may on fome occafions be to us an ulti-
mate end. For, by the wife contrivance of God, our
fenfes and appetites are fo conftituted for our happi-
nefs, that what they immediately make grateful is ge-
nerally on other accounts alfo ufeful, cither to our-
felves or to mankind.

Among thefe more humane pleafures, we muft not
omit that enjoyment moft peculiarly fuited to human
nature, which arifes from the difcovery of Truth, and
the enlarging of our knowledge ; which is ultimately
defirable to all ; and is joyful and pleafant in propor-
tion to the dignity of the fubjedl, and the evidence or
certainty of the difcovery.

IX. There are other dill more noble fenfes and
more ufeful : fuch is that Jympathy or fellow-feeling,
by which the ftate and fortunes of others affedus ex-
ceedingly, fo that by the very power of nature, pre-
vious to any reafoning or meditation, we rejoice in the
profperity of others, and forrow with them in their
misfortunes ; as we are difpofed to mirth when we fee
others chearful, and to weep with thofe that weep,
without any confideration of our own interefts. Hence
it is that fcarceany man can think himfelf fufficiently
happy tho' he has the fulled fuppiies of all things re-
quifite for his own ufe or pleafure: he muft alfo have
fome tolerable ftores for fuch as are dear to him ; fince
their mifery or diftrefles will neceflarily difturb his own
happinefs.

14 0/" Human Nature Book I,

By means of this fympathy and of fome difinterefted
afFedions, it happens, as by a fort of contagion or in-
fe(5lion, that all our pleafures, even thefe of the lowed
kind, arc ftrangely increafed by their being fhared with
others. There's fcarce any chearful or joyful commo-
tion of mind which does not naturally require to be
diffufed and communicated. Whatever is agreeable,
pleafant, witty, or jocofe naturally burns forth, and
breaks out among others, and muft be imparted. Nor
on the other hand is there any thing more uneafy or
grievous to a man than to behold the diftrefling toils,
pains, griefs, or mifery of others, efpecially of fuch
as have deferved a better Fate.

X. But further: that man was deftined by nature
for adlion plainly appears by that multitude of aflive
infl:in(5ts and defires natural to him; which is further
confirmed by that deeply implanted fenfe approving
or condemning certain adtions. The foul naturally de-
fires a<5tion ; nor would one upon any terms confent
to be caft into a perpetual Rate of fleep, tho' he were
alTured of the fweetefi: dreams. If a fleep like that of
* Endymlon were to befal ourfelves or any perfon dear
to us, we would look upon it as little better than
Death. Nature hath therefore conftituted a certaia
fenfe or natural tafte^ to attend and regulate each ac-
tive power, approving that exercife of it which is
moft agreeable to nature and conducive to the gene-
ral intereft. The verv brute animals, tho' they have
none of thefe reflex fenfes we mentioned, yet by cer-
tain inftinCls, even previoufly to any experience or

* Who in the old fable continued to live, but nCYCr awokc
•ut of a fleep he was caft into by Diana,

Ch. X. £ind its Parts. if

profpedl of pleafure, are led, each according to its
kind^ to its natural actions, and finds in them its chief
fatisfadions. Human nature is full of like inftinds;
but being endued with reafon and the power of re-
fledling on their own fentiments and conduct, they
have alfo various reflex fenfes with a nice difcernment
and reliih of many things which could not be obferved
by the grofTer fenfes, efpecially of the exercife of their
natural powers. By thefe fenfes that application of
our natural powers is immediately approved which is
mod: according to the intention of nature, and which
IS moft beneficial either to the individual or to man-
kind ; and all like application by others is in like man-
ner approved, and thus made matter of joy and glo-
rying. In the very pofture and motion of the body,
there is fomething which immediately pleafes, whe-
ther in our own, or that of others : in the voice and
gerture, and the various abilities of body or mind,
in the ingenious arts of imitation, in external ac-
tions and exercifes, whether about ferious bufinefs or
recreations, we difcern fomething graceful and man-
ly, and the contrary ungraceful and mean, even with-
out any appearance of moral virtue in the one, or vice
in the other. But ftill it is chiefly in thefe abilities and
exercifes which are peculiar to mankind that grace and
dignity appear; fuch as we have in common with
beads appear of lefs dignity. And among the human
purfuits which yet are different from moral virtues, the
purfuits of knowledge are the moft venerable. We are
all naturally inquifitive and vehemently allured by the
difcovery of truth. Superior knowledge we count ve-
ry honourable ; but to miftake, to err, to be ignorant,
to be impofed upon, we count evil and (hameful.

i6 (?/*HuMAN Nat VRE Book I.

But to regulate the higheft powers of our nature,
our afFe<5lions and deliberate defigns of a6lion in im-
portant affairs, there's implanted by nature the nobleft
and nioft divine of all our fenfes, that Confcience by
which we difcern what is graceful, becoming, beauti-
ful and honourable in the affedions of the foul, in our
conduct of life, our words and adions. By this fenfe,
a certain turn of mind or temper, a certain courfe of
adion, and plan of life is plainly recommended to us
by nature; and the mind finds the mod joyful feel-
ings in performing and refleding upon fuch offices as
this fenfe recommends ; but is uneafy and afhamed in
refleding upon a contrary courfe. Upon obferving the
like honourable adlions or defigns in others, we natural-
ly favour and praife them ; and have an high efteem,
and goodwill, and endearment toward all in whom we
difcern fuch excellent difpofitions : and condemn and
deteft thofe who take a contrary courfe. A^^hat is ap-
proved by this fenfe we count right and beautiful^ and
call it virtue \ what is condemned, we count ^^ and
deformed and vitious.

The Forms which move our approbation are, all
kind affedions and purpofes of adion ; or fuch pro-
penfions, abilities, or habits of mind as naturally flow
from akindtemper, or are connected with it; orfhew
an higher tafte for the more refined enjoyments, with
a low regard to the meaner pleafures, or to its own in-
terefts ; or laftly fuch difpofitions as plainly exclude a
narrowcontra(51ed felfifhnefs aiming folely at its own in-
terefts or fordid pleafures. The forms difapproved
are either this immoderate felfifhnefs; or a peevifh,
angry, envious or ill-natured temper, leading us natu-
rally to hurt others ; or a mean felfilh fenfuality.

Ch. I. anditsVKKT^. 17

That this fenfe is implanted by nature, is evident
from this that in all ages and nations certain tempers
and adtions are univerfally approved and their con-
traries condemned, even by fuch as have in vic\v no
intereft of their own. Many artful accounts of ail this
as flowing from views of intereft have been given by
ingenious men ; but whofoever will examine thefe ac-
counts, will find that they rather afford arguments ta
the contrary, and lead us at Lift to an immediate na-
tural principle prior to all fuch views. The agent
himfelf perhaps may be moved by a view of advanta-
ges of any fort accruing only to himfelf, to approve
his own artful condud ; but fuch advantages won't en-
gage the approbation of others : and advantages ac-
cruing to others, would never engage the agent, vv^ith-
out a moral fenfe, to approve fuch adions. How much
foever the agent may be moved by any views of his
own intereft ; yet this when 'tis known plainly dimi-
nifhes the beauty of the atftion, and fometimes quite
deftroys it. Men approve chiefly that beneficence
which they deem gratuitous and difinterefted ; what
is pretended, and yet only from views of private in-
tereft, they abhor. When the agent appears to have
in view the more obvious interefts of getting glory,
popularity, or gainful returns, there appears little or
nothing honourable. *Tis well known that fuch ad-
vantages are attainable by external actions, and hypo-
critical fliev/s, without any real inward goodnefs.

But further, docs not every good ailion appear the
more honourable and laudable the more toiKome, dan-
gerous or expenfive it was to the undertaker ? 'Tis
plain therefore that a virtuous courfe is not approved
under that notion of its being profitable to the agent.

B

5S ^HuwANNATtTKE Book L

Kor IS it approved under the notion o^ profitable to
tkofe ivho approve it, for we all equally praife and
admire any gJorious adions of antient Heroes from
which \VQ derive no advantage, as the like done in
©ur own times. We approve even the virtues of an
enemy that are dreaded by us, and yet condemn the
ufeful fervices of a Tray tor, whram for our own inte-
reft we have bribed into perfidy. Nay the very DifTo-
!ute frequently dillike the vices of others which are
fubfervient to their own.

Nor can it be alleged that the notion under which
we approve action s is their tendency to obtain applaufe
or rewards : for this confideration could recommend
them only to the agent. And then, whoever expedls
praife niuft imagine thrat there is fomething in cer-
tain adtians or afFedions, which in its o-wn nature ap-
pears laudabfe or excellent both to himfelf and o-
thers : whoever expedls rewards or returns of good of-
fices, mull acknowledge that goodnefs and beneficence
naturally excite the love of others. None can hope
for Rewards from God without owning that Fome ac-
tions are acceptable to God in their own nature ; nor
dread divine punilhments except upon a fuppofitioti of
a natural demerit in evil aclions. When we praife the
divineLaws as holy,]iift andgood, 'tisplainly on this
account, that we believe they require what is antece-
dently conceived as morally good, and prohibit the
contrary, otherwife thefe Epithets would import no-
thing laudable.

That this fenfeis implanted by nature, and that
thus affeaions and adlions of themfelves, and in their
own nature, muft appear to us right, honourable,
l>eautiful and laudable^ may appear from many of the

Ch. I. and its VkKTt. 19

mod natural afFedlions of the Will, both calm and paf-
Conate, which are naturally raifed without any views
of our own advantage, upon obferving the condii<ft
and characters and fortunes ofothers ; and thus plain-
ly evidence what Temper nature requires in us. Of
thefe we fhall fpeak prefently. This moral fenfe dif-
fufes itfelf through all conditions of life, and every part
of it ; and infinuates itfelf into all the more humane
amufements and entertainments of mankind. Poetry
and Rhetorick depend almoft entirely upon it; as do
in a great meafure the arts of the Painter, Statuar}-,
and Player. In the choice of friends, wives, comrades,
it is ail in all ; and it even infinuates itfelf into our
games and mirth. Whofoever weighs all thefe things
fully will agree with Ariflotle '' That as the Horfe
*^ is naturally fitted for fwiftnefs, the Hound for the
*^ chace, and the Ox for the plough, fo man, like a
*^ fort of mortal Deity, is fitted by nature for know-
*^ ledge, and adtion."

Nor need we apprehend, that according to this
fcheme which derives all our moral notions from a
fenfe, implanted however in the foul and not depen-
dent on the body, the dignity of virtue fhould be im-
paired. For the conftitution of nature is ever ftable
and harmonious : nor need we fear that any change
in our conftitution fhould alfo change the nature of
virtue, more than we fliould dread the diffolution of
the Univeffe by a change of the great principle of
Gravitation. Nor will it follow from this fcheme,
that all forts of affeftions and adions were originally
indifferent to the Deity, fo that he could as well
have made us approve the very contrary of what we
now approve^ by giving us fenfes of a contrary na-

B 2

20 (9/^ Hu MAN Nature Book I.

ture. For if God was originally omnirdent, he muft
have forefeen, that by his implanting kind affe(5tions,
in an a61ive fpecies capable of profiting or hurting each
other, he would confult the general good of all ; and
that implanting contrary afFedions would neceffarily
have the contrary efFed : in like manner by implant-
ing a fenfe v/hich approved all kindnefs and benefi-
cence, he forefaw that all thefe aftions would be made
immediately agreeable to the agent, which alfo on
other accounts were profitable to the fyftem ; where-
as a contrary fenfe (whether pofFible or not we (hall not
determine,) wosiild have made fuch conduct immedi-
ately pleafingj us mud in other refpeds be hurtful both
to the agent and the fyftem. If God therefore was
originally wife and good, he mutt necelTarily have pre-
ferred the prefent conditution of our fenfe approving
all kindnefs and beneficence, to any contrary one ; and
the nature of virtue is thus as immutable as the divine
Wifdom and Goodnefs. Caft the confideration of thefe
perfedlions of God out of this queftion, and indeed
nothing would remain certain or immutable.

XL There are however very different degrees of
approbation and condemnation, fame fpecies of virtues
much more beautiful than others, and fome kinds of
vices much more deformed. Thefe maxims generally
hold. " Among the kind motions of the Will of e-
^' qual extent, the calm and ftable are more beautiful
'^ than the turbulent or paffionate." And when we
compare calm affekflions among themfelves, or the paf-
fionate among themfelves, ^' the more extenfive are
** the more amiable, and thefe moft excellent which
'^ are moH: extenfive, and pnrfue the greatcft happinefs
'^ .of the whole fyftem of feniitive nature,"

Cii. I. md its Parts. 21

It was already obferved that our efteem of virtue
in another, caufes a warmer afFeaion of good-will to-
ward hicn : now as the foul can reflet on all its powers,
difpofitions, affedions, defires, fenfes, and make them
the objeas of its contemplation; a very high relifh
for moral excellence, a ftrong defire of it, and a ftrong
endearment of heart toward all in whom we difcern
eminent virtues, mud itfclf be approved as a moft vir-
tiious difpofition ; nor is there any more lovely than
tlie highell love towards the higheft moral excel-
lency. Since then God muft appear to us as the Su-
preme excellence, and the inexhauftible fountain of
all good, to whom mankind are indebted for innume-
rable benefits moft gratuitoufly beftowed ; no affeaion
of foul can be more approved than the moft ardent
love and veneration toward the Deity, with a fteddy
purpofe to obey him, fince we can make no other re-
turns, along with an humble fubmiflion and refigna-
tion of ourfelves and all our interefts to his will, with
confidence in his goodnefs; andaconftant purpofe of
imitating him as far as our weak nature is capable. ^

The objeds of our condemnation are in like
manner of different degrees. Ill-natured unkind af-
feftions and purpofes are the more condemned the
more ftable and deliberate they are. Such as flow
from any fudden paifionate defire are lefs odious ; and
ftill more excufable are thofe which flow from fome
fudden fear or provocation. What we chiefly difap-
prove is that fordid felfifhnefs which fo engroflTes the
. man as to exclude all human feniiments of kindnefs,
and furmounts all kind affeaions ; and difpofes to any
fort of injuries for one's own interefts.
> We juftly alfo reckon Impiety toward God to be the

B 3

22 ^HuMAN Nature Book !•

greatefl: depravation of mind, and mod unworthy of a
rational Being, whether it appears in a diredl con-»
tempt of the Deity; or in an entire negleft of him,
fo that one has no thoughts about him, no venerati-
on, no gratitude toward him. Nor is it of any avail
either to abate the moral Excellence of Piety, or the
deformity of impiety, to fuggeft that the one cannot
profit him, nor the other hurt him. For what our
confcience or moral fenfe chiefly regards are the affec-
tions of the heart, and not the external effe^ls of them.
That man muftbe deemed corrupt and detedable who
has not a grateful heart toward his benefador, even
when he can make no returns: who does not love,
praife and celebrate the virtues of even good men,
tho' perhaps he has it not in his power to ferve or pro-
mote them. Where there is a good heart, it naturally
difcovers itfelfin fuch afFedtions and expreflions, whe-
ther one can profit thofe he efteems and loves or not,
Thefe points are manifed to the inward fenfe of every
good man without any reafoning.

XII. This nobler knk which nature has defigned to
be the guide of life deferves the moft careful confide-
ration, fmce it is plainly the judge of the whole of life,
of all the various powers, affedions and defigns, and
naturally afTumes a jurifdiaion over them ; pronoun-
cing that moft important fentence, that in the virtues
themfelves, and in a careful ftudy of what is beauti-
ful and honourable in manners, confifts our true dig-
nity, and natural excellence, and fupreme happinefs.
Thofe who cultivate and improve this fenfe find that
it can ftrengthen them to bear the greateft external e^
vils, and voluntarily to forfeit external advantages, in
adhering to their duty toward their friends, their coun-

Ch. I. «nd it^ Parts. ^5

try or the general intereft of all : and that in fo do- >
ing alone it is that they can throughly approve them-
fHve. and their conduft. It Ukewife pumfhes with
fevere remorfe and fecret laflies fuch as difobey this
natural government condituted in the foul, or om.t
through any fear, or any profpeft of fecular advan-
tages, the Duties which it requires.

That this Divine Senfe or Confcience naturally ap-
proving thefe more extenfive afFedions fhould be the
governing power in man, appears both immediately
from its own nature, as we immediately feel that it
naturally affumes a right of judglng,approving or con-
damning all the various motions of the fouJ ; as alio
from this that every good man applauds himlelt, ap-
proves, entirely his own temper, and is then belt plea-
fed with himfelf when he reftrains not only the lower
fenfual appetites, but even the more fubhrae ones ot a
felfifh kind, or the more narrow and contraaed attec-
tbns of love toward kindred, or friends, or even his
country, when they interfere with the more extenfive
interefts of mankind, and the common profperity ot
all. Our inward confcience of right and wrong not
only prefers the moft diffufive goodnefs to all other af-
feftions of foul, whether of a fdfiOi kind, or of nar-
rower endearment: but alfo abundantly compenfates
all lolTes incurred, all pleafares facrificed, or expences
fuftained on account of virtue, by a more joyful conlci-
oufnefs of our real goodnefs, and merited glory ; f.nce
all thefe lolTes fuftainedincreafe the moral dignity and
beauty of virtuous offices, and recommend them the
rtiore to our inward fenfe: * which is a circumftance
* What the Author here intends is obvious, and of fiicli
importance as defcrvcs a fuller explication. In a voluptuous

B 4

^4 <^/HuMAN Nature Book I.

peculiar to this cafe, nor is the like found In any other
fenfe, when it conquers another of lefs pov/er than its
own. And further, whoever acts otherways cannot
throughly approvehimfelf if he examines well the in-
ward fenfe of his foul : when we judge of the charaders
and condua of others, we £nd the fame fentiments
of them; nay, this fubordination of all to the moft
extenfiveinterefts is what we demand from them ; nor
do we ever fail in this cafe to condemn any contrary
condua ; as in our judgments about others we are
under no byafs from our private pafTions and interefts.
And therefore altho' every event, difpofition, or adion
mcident to men may in a certain fenfe be called natu-
ral; yet fuch conduct alone as is approved by this di-
vmer faculty, which is plainly deftined to command
the refl, can be properly called agreeable or fuited to
our 72atnre.

XIII. With this moral fenfeis naturally conneded
that other of Honour and Shame, which makes the

life the more a man has impaired his health, his fortune, his
chara^er, or the more he has obrtruded hisprogrefs in know-
ledge, or m the more eleoant plcafiires, the more aifo he mud
condemn and be difTatisfied with his own temper and con-
dna, and fo muft every obferver. In the purfuits of honours
and power, or the fplendor of life; the more one has im.
paired his fortune or health, and the more of his natural plea-
fures and enjoyments he hasfaciificed to thefe purpofes. the
niore he mud be diffatisfied with his own meafures, and be
difapproved by others. But in following the dilates of con-
foence. in adhering to his duty and the praaice of virtue,
the greater facrifice he has made of all other enjoyments, the
more he himfelf and all others approve his conduct and tem-
per, and he anfwcrs the more compleatly the wiihes and ex'
p^.6lations of all who love and eftcem him.

Ch. I • and ///Parts. 2y

approbations, the gratitude, and efteem of others who
approve our condudl, matter of high pJeafure; and
their cenfures, and condemnation, and infamy, matter
of fevere uneafmei's ; even altho' we (hould have no
hopes of any other advantages from their approbations,
or fears of evil from their diflike. For by this fenfe
thefe things are made good or evil immediately and in
themfelves : and hence it is that we fee many felicitous
about a furviving fame, without any notion that after
death they fhall have any fenfe of it, or advantage by
it. Nor can it be faid * that we delight in the praifes
of others only as they are a teiiimony to our virtue and
confirm the good opinion we mayjiave of our felves :
for we find that the very bed of mankind, who are a-
bundantly confcious of their own virtues, and need
no fuch confirmation, yet havepleafurc in the praifes
they obtain.

That there's a natural fenfe of honour and fame,
founded indeed upon our moral fenfe, or prefuppofing
it, but di{lin<Sl from it and all other fenfes, feems ma-
nifeft from that natural modefty, which difcovers itfelf
by the very countenance in blufhing; which nature
has plainly defigned as a guardian not only to moral
virtue, but to all decency in our whole deportment,
and a watchful check upon all the motions of the low-
er appetites. And hence it is that this fenfe is of fuch
importance in life, by frequently excit-ng men to what
is honourable, and rel'training them from every thing
difiionourable, bafe, flagitious, or injurious.

In thefe two fenfes, of moral good and evil, and of
honour and fhame, mankind are more uniformly con-

* This is fuggedcd by Ariftotle Ethic, ad Nicom, L. i. c. ;,

26 ^HuMAN Nature Book L

ftituted than In the other fenfes ; which will be mani*
feft if the fame immediate forms or fpccies of adlions
be propofed to their judgment; that is, if they are
confidering the fame affedtions of heart whether to be
approved or condemned, they would univerfally agree.
If indeed they have contrary opin ion s of happinefs, or
of the external means of promoting or preferving it,
'tis then no wonder, however uniform their moral
fenfes be, th^t one (hould approve what another con*
demns. Or if they have contrary opinions about the
divine Laws, feme believing that God requires what
others think he forbids, or has left indifferent ; while
all agree that it is^pur duty to obey God : or laftly,
if they entertain contrary opinions about the charac-
ters of men or parties ; fome believing that fe(5t or par-
ty to be honeft, pious and good, which others take to
be favage or wicked. On thefe accounts they may
have the mod oppofite approbations and condemnati-
ons, tho' the moral fenfe of them all were uniform,
approving the fame immediate objed:, to wit, the fame
tempers and affe(5tions.

XIV. When by means of thefe fenfes, fome ob-
je<5ls muft appear beautiful, graceful, honourable, or
venerable, and others mean and fhameful ; fhould it
happen that in any obje(5l there appeared a mix-
ture of thefe oppofite forms or qualities, there would
appear alfo another fenfe, of the ridiculous. And
whereas there's a general preemption of fome digni-
ty, prudence and wifdom in the human fpccies ; fuch
conduct of theirs will raife laughter as fhews *^ fome
*^ mean error or miftake, which yet is not attended
*^ with grievous pain or deilrudion to the perfon : "
for all fuch events would rather move pity. Laugh-

Ch. I . and its Parts. 27

ter is a grateful commotion of the mind ; but to be
the objedt of laughter or mockery is univerfally difa-
greeable, and what men from their natural defire of
eileem carefully avoid.

Hence arifes the importance of this fenfe or difpo*
fition, in refining the manners of mankind, and cor-
redting their faults. Tilings too of a quite different
nature from any human adion may occafion laughter,
by exhibiting at once fome venerable appearance, a-
long with fomething mean and defpicable. From this
fenfe there arife agreeable and fometimes ufeful enter-
tainments, grateful feafoning to converfation, and in-
nocent amufements amidft the graver bufinefs of life.

XV. These various fenfes men are indued with
conftitute a great variety of things good or evil ; all
which may be reduced to thefe three clafTes, the goods
of the foul, the goods of the body, and the goods of
fortune or external ones. The goods of the foul are
ingenuity and acutenefs, a tenacious memory, the fci-
ences and arts, prudence, and all the voluntary vir*
tuesj or good difpofitions of Will. The goods of the
body are, perfe<ft organs of fenfe, ftrength, found
health, fwiftnefs, agility, beauty. External goods are
liberty, honours, power, wealth. Kow as all objedts
grateful to any fenfe excite defire, and their contraries
raife averfion ; the affedions of the will, whether calm
or paflionate, mud be equally various. We already
mentioned the four general claiTes to which they may
be reduced, to wit, deJJre^ averfion^ joy ^nd forrono:
nor have we names fettled to diftinguifh always the
calm from the palFionate, as there are in fome other
languages. But of each of thefe four there are many
fubdivifions; and very different kinds; according to the

a3 (9/ Hum AN Nature Book I.

very different objeds they have in view, and accord-
ing as they are felfifh or difinterefted, refpeding our
own fortunes or thofe of others. And then among
thofe which rcfpedt the fortunes of others there are
great diverfities, according to the different chara<5ters
of the perfons, their fortunes, and different attach-
ments, frienddiips or enmities, and their various caufes.
To purfue ail thefe didindions, and examine the
feveral divifions made by the learned, would be tedi-
ous. We fhali briefly mention the principal Padions,
the names of which are alfo often ufed for the calm
fleady affeclions of the will; [nay the fame name is
often given to defires and joys, to averfions and for-
rows.]

1. The feveral fpecies of de/ire of the felfifh kind
refpeding one's own body or fortune, are the natural
appetites of food, whether plainer or more exquifite,
lud, ambition, the defires of praife, of high offices, of
wealth. Their contraries are repelled by the averji'
ons of fear and anger ^ and thefe of various kinds.

The goods of the foul we purfue in our defires of
knowledge, and of virtue, and in emulation of worthy
charaflers. Their contraries we avoid by the averfi-
ons of fhame and modefly ; we are on this fubjedt of-
ten at a lofs for appropriated names.

2. The dilinterefted Defires refpecfling any fort of
profperity to others, are benevolence or good-will,
parental affe^^ions, and thofe toward kinfmen. The af-
fedlions oi deftre toward worthy charaders, are favour
or good wifhes, zealous veneration, gratitude. The
averfions raifed by their misfortunes, are fear, anger,
compaffion, indignation. The profperity of bad charac-
ters moves the averfwns of envy and indignation.

Cli. I. cind its Parts. 29

3 . The feveral fpecies of Joy refpe(fiing one's own
profperous fortunes, are delectation, pride, arrogance,
oftentation. And yet a long pofTeffion of any advan-
tages of the body or fortune often produces fatiety and
difguft. From the contrary evils arife forrow, vexa-
tion, defpair. Anger indeed by the Ancients is al-
ways made a fpecies q{ deftre^ to wit, that of punifli-
ing fuch as we apprehend have been injurious.

From our polFeffing the goods of the foul, efpecial-
ly virtuous afFedions, arife the internaly^pjiy^z/applaufes
ofconfcience, an honourable pride and glorying. From
the contrary evils arife fliame, remorfe, dejedion, and
brokennefs of fpirit, which are fpecies oiforro'uj,

4, The virtues of others obferved X2\k joyful love,
and efteem, and veneration, and where there's inti-
macy, the afFecflions of Friendfhip. The vices of o-
thers move a fort oi forronvful hatred, contempt or
deteftation. The profperity of the virtuous, or of our
benefadlors, raifes a y^?)/^^/ congratulation ; their ad-
verfities raife grief, pity, and indignation. The ad-
verfities of the vitious often raife joy and triumph, and
their profperity grief and indignation.

Whoever is curious to fee large catalogues of the
feveral motionsof the Will may find them \XiAriftotle%
E t hicks y Cicero's /[th TufcuL and Androniciis, But from
what is above mentioned 'tis manifefl: that there's fome
natural fenfeofright and wrong, fomething in the tem-
per and affcdlions we naturally approve for it fclf, and
count honourable and good ; fince 'tis from fome fuch
moral fpecies or forms that many of the moft natural
padions arife ; and oppofite moral charaflers upon like
external events raife the mod oppofite affedlions, with-
out any regard to the private interefts of the obferver.

30 0/"HuMAN Nature Book L

XVI. Some of thefe afFedlions are fo rooted in na-
ture that no body is found without them. The appe-
tites toward the prefervation of the body are excited
in every ftage of life by the uneafy fenfations of hun-
ger, and thirft, and cold. The defire of offspring at
a certain age, and parental affedlion is alfo univerfal ;
and in confequence of thern the hke affedllons toward
kinfmen* The other affedions when the obje<5ls are
prcfented are equally natural, tho' not fo necefTary*
The appearance of virtue in another raifes love, e-
fteem, friendfhip: Honourable defigns are followed
with favour, kind wifhes, and zeal : their fucceffea
move joyful congratulation, and their difappointment
forrow and indignation ; and the contrary affeflions
attend the profperity of the vicious, even tho' we ap-
prehend no advantage or danger to ourfelves on either
fide. Benefits received with a like natural force raife
gratitude; and injuries, refentment and anger; and
the fufferings of the innocent, pity. We alfb juftly
count natural the deGres of knowledge, of the feveral
virtues, of health, (Irength, beauty, pleafure, and of
all fuch things as are grateful to any fenfe,

XVII. There are fome other parts of our confti-
tution not to be omitted, which equally relate to the
under (landing and will. Such as that natural dif-
pofition to ajfociate or conjoin any ideas, or any affec-
tions, however difparate or unlike, which at once have
made ftrong impreffions on our mind ; fo that when-
foever any occadon excites one of them, the others
will alfo conftantly attend it, and that inftantly, pre-
vious to any defire. To this affociation is owing aN
mod wholly our power of memory, or recalling of pafi
events, and even the faculty of fpeech. But from

Ch. I. ^7?rf/// Part s. 51

fuch alTociations incautloufly made we fometimes are
hurt in our tempers. The meaner pleafures of fenfe,
and the objed:s of our lower appetites, acquire great
ftrength this way, when we conjoin with them fome
far nobler notions, tho' not naturally or necefTarily al-
lied to them, fo that they cannot eafily be feparated.
Hence by fome notions of elegance, ingenuity, or
finer tafte, of prudence, liberality and beneficence, the
luxurious ways of living obtain a much greater repu-
tation, and feem of much more importance to happi-
refs than they really are. Hence 'tis of high confc-
quence in what manner the young are educated, what
perfons they are intimate with, and what fort of con-
verfation they are inured to ; fmee by all thefe, ftrong
affociations of ideas are formed, and the tempers often
either amended or depraved.

Of a like nature to thefe are Habits y for fuch is the
nature both of the foul and body that all our powers
are increafed and perfeded by exercife. The long or
frequent enjoyment of pleafures indeed abates the
keennefs of our fenfe ; and in like manner cuflom a-
bates the feelings of pain. But the want of fuch gra-
tifications or pleafures as we have long been enured to
is more uneafy, and our regret the keener. And hence
men are more prone to any pleafures or agreeable
courfes of adtion they are accuftomed to, and cannot
fo eafily be reftrained from them.

We have already (hewed that whatever is ulti-
mately defirable mud be the objedl of fome imme-
diate fenfe. But as men are naturally endued with
fome acutenefs, forethought, memory, reafon, and
wifdom, they (hall alfo naturally defire whatever ap-
pears as> the proper pieans of obtaining what is im-

52 Q/" Hum AN Natur E Bookie

niediately defireable ; fuch means are riches and
power, which may be fubfervient to all our de-
lires whether virtuous or vitious, benevolent or ma-
litious ; and hence it is that they are fo univerfally
delired.

To finifli this ftrutflure of human Nature, indued
with fuch powers of Reafon, fuch fubUme perceptive
powers, fuch focial bonds of affedlion, God has alfo
fuperadded the powers of fpeech and eloquence, by
which we are capable of obtaining information of what
we were ignorant of^, and of communicating to o'thers
what we know : by this power we exhort, by this we
perfuade, by this we comfort the afflided, and infpire
courage into the fearful ; by this we reftrain immode-
rate foolifh tranfports, by this we reprefs the dilTolute
defires and pafTionaterefentirents ; this power has con-
joined us in the bonds of juftice and law and civil po-
lity, this power has reclaimed Mankind from a wild
and favage life.

Altho' all thefe feveral powers and faculties we have
mentioned are fo common to all mankind, that there
are fcarce any entirely deprived of any one of them ;
yet there is a wonderful variety of tempers : fince in
different perfons different powers and difpofitions fo
prevail th:it they determine the whole courfe of their
lives. In many the fenfual appetites prevail ; in others
there*s an high fenfe of the more humane and elegant
pleafures; in fbme the keen purfuits of knowledge, in
others either ambition or anxiousavarice: in others the
kind affedions, and compaflion toward the diftrefTcd,
and beneficence, with their contlant attendants and
fupporters, an high fenfe of moral excellence and love
of virtue : others are more prone to anger, envy, and

Ch. I* mid its PARts. 33

the ill-natured afTecfHons. In the prefent (late of man-
kind which we plainly fee is depraved and corrupr,
fenfuality and mean feififli purfuits arethe moft univer-
fal : and thofe enjoyments which the higher powers
recommend, the generality are but little acquainted
with, or are little employed in examining or pnrfuing
them.

This diverfity of Tempers, fometimes obfervable
from the cradle, is (Irangely increafed by different cu-
ftoms, mediods of education, inftru^ion, habits, nnd
contrary examples ; not to fpeak of the different bo--
dily conftitutions, which belong to the art of Medi-
cine. The fame caufes often concur to corrupt the
manners of men, tho* our depravation in our prefent
(late cannot wholly b^ afcribed to them. For fuch
is the prefent condition of mankind, that none feeni
to be born without fome weakneffes or difeafes of the
foul, of one kind or other, tho' in different degrees.
Every one finds in himfelf the notion o^^l truly aood
7?ian, to which no man ever comes up in his condud".
Nay the very bed: of mankind muft acknowledge thit
in innumerable inftances they comefliort of rheir du-
ty, and of that ftandard of moral goodnefs they find
within them. And altho' nature has given us all fome
little fparks as it were to kindle up the feveral virtues -
and fown as it were fome feeds of them > yet by our
own bad conduct and foolifh notions we feldom fuffer
them to grow to maturity. But a full and certain ac-
count of the original of thefediforders, and of the cf-
feduaf remedies for them, in all the different degrees
in which they appear in different perfons, v/ili never
be given by any mortal without a divine revelation.
And yet whofoeyer will fet hi^iifeif heartily to inquije

^^ (9/*HuMAN Nature Book I.

into the true happinefs of human nature, to difcover
the Macious appearances of it, and to cultivate the
nobkr faculties of the foul, he will obtain a confider-
able power over the feveral turbulent palTions, and a-
mend or improve in a great degree his whole temper J
and difpofition, whether it be what nature firft gave ^
him, or what his former conduct and circumftances
have made it.

XVIII. The confideration of all that variety of j
Senfes or taftes, by which fuch a variety of objeas 1
and anions are naturally recommended to mankind,
and of a like multiplicity of natural defires ; and all of
them pretty inconftant and changeable, and often jar-
ring with each other, fome purfuing our own interefts
or pleafures of one or other of the various kinds men-
tioned, and fome purfuing the good of others ; as we
have alfo a great many humane kind affedions : This
complex view, I fay, muO: at firft make human nature
appear a ftrange chaos, or a confufed combination of
jarring principles, until we can difcover by a clofer at-
tention,fome natural connexion or order among them,
fome governing principles naturally fitted to regulate
all the reft. To difcover this is the main bufinefs of
Moral Philofophy, and to (hew how all thefe parts are
to be ranged in order : and we fiiall find that with
wonderful wifdom

Cod and kind nature hai this ft rife cornpofed.
Of this we may have fome notion from what is above
explained about that moral Power, that fenfe of what
is becoming and honourable in our anions. Nor need
we long diflTertations and reafoning, fince by inward
refleftion and examining the feelings of our hearts, we
fiiall be convinced, that we have this moral power or

Ch. I . and its Parts*

0>

Confcience diftlnguifhing between right and wrong,
plainly deftined and fitted to regulate the whole of
life; which clearly difcovers to us that courfe and con-
dudl, which alone we can entirely approve; to wit,
'that in which all kind afFedions are cultivated, and at
the fame time an extenfive regard maintained toward
the general happinefs of all ; fo that we purfue our
own interefts, or thofe of our friends, or kinfmen, no
further than the more extenfive interefts will allow;
always maintaining fweetnefs of temper, kindnefs, and
tender affedions ; and improvingall our powers of bo-
dy or mind with a view to ferve God and mankind.
This fame moral fenfe alfo filling the foul with the
mofl: joyful fatisfaftion and inward applaufes, and with
the moil: cheering hopes, will (Irengthen it for all good
offices, even tho' attended with toil and dangers, and
reward our efforts with the moft glorious recompenfe.
Nay our reafon too reviewing the evidence exhibi-
ted to us in the whole order of nature, v/ill flicw us
that the fame courfe of life which contributes to the
general profperity, procures alfo to the agent the mod
flable and moft worthy felicity ; and generally tends
to procure that competency of external things which
to a good mind is in its kind the mofl joyful. The fame
reafon will fliew us that the world is governed by the
wifeft and bed Providence ; and hence flill greater and
more joyful hopes will arife. We fhall thence conclude
that all thefe pradical truths difcovercdfrom reflecHon
on our own conftitution and that of Nature, have
the nature and force of divine Laws pointing out what
God requires of us, what is pieafing to him, and by
what condudl we may obtain his approbacion and fa-
vour. Hence the hopes of future happinefs after dsath^

C 2

36 QT Human "Nature, ^T* Book I-

and a ftrength and firmnefs of foul in all honourable
defigns. Hence the foul (hall be filled with the joys of
Piety and Devotion ; and every good mind (hall ex^
pea every thing joyful and glorious under the protec-
tion of a good Providence, not only for itfelf but for
all good men, and for the whole univerfe. And when
one is perfuaded of thefe truths, then both our focial
and our felfiOi aiFe^ions will harmoniouny recommend
to us one and the fame courfe of life and conduct.

37

CHAP. II.
Concerning the Supreme Good.

i:>

HAVING in the former chapter premifed a pretty
full defcription of human Nature and its feve-
ral powers, we proceed to inquire into the Supreme
Good or Evil, and wherein the chief Happinefs of
mankind confifts, with the proper plan of life in order
to obtain it.

We (hall lightly pafs over certain celebrated quefti-
ons about the mutual powers of the underjlanding and
au/7/ over each other, which properly belong to Pneu-
maticks or MetaphyGcks. We only fugged in pading,
I . That what is wholly unknown cannot be the objed:
of defire, and yet there are certain natural propenfities
or inflinds in each fpecies toward certain objeds or ac-
tions, as foon as it obtains any notion of them, and
averfions to their contraries. Thefe the fchoolmeii
call th^firjlfinple motions of Will. When thefe arefo
ftrong as to call off the mind from any other objedts
it may have been employed about, and furmount its
floth, or any difpofitions to reft, it raifes alfo a defire
of fearching out the proper means of obtaining the ob*
jedls defired, and of difcovering which of them are
moft eligible : and when this point is fettled, then, ac-
cording to the Stoicksy we are determined to execute
thefe means, or there arifes the effeciuai purpofe of
adion. Many of the Peripateticks deny that the Will
is certainly determined to follow even the laft pra^i-
cal judgments, tho' it generally does fo. They alledge
that ii has an inherent power, notwithftanding any

58 7"^^ Supreme Good. Book!.

judgments or defires about the proper ends or means,
of determining itfelf to a(5l or abftain ; nay fome add,
that it can determine itftlf to either of the contraries,
to purfue good, or to pnrfue evil even under that no-
tion. LctMetaphyficiansdererminethefe points. This
in general feems true that we cannot properly afcribe
any adlive power to the underftandingy about our con-
dud in life. 'Tis its bufmefs only to difcover Truth;
whereas ^villingy orderifig^ commaridmg^ purpoJi?2g, are
ads of Will.

The ai'/7/ again feems to have no other power over
the undevflanding than this, that a man may as he W'lls
turn his underftanding to conCder ail the evidence on
either fide, and where the higheft evidence docs not oc-
cur J he can fufpend any peremptory alTent, and refolve
upon a further hearing of the caufe. But wherever full,
certain evidence appears, he cannot at pjeafure with-
hold his aiTent, or affent to the other {\^t, Nay where
on one fide he fees fuperior probabilities, he cannot a-
void judging that fide to be more probable.

II. We alfopnfs over fome fpeculativequcftions a-
boutthe general notions of Good, and Final Gaufes or
Ends, and their divifions ; as they are eafy and belong
to other fciences. Thefe maxims feem evident, i . The
objeds of defire are purfued either ultimately for them-
felves, or as means to fomething further, or on both
accounts. 2. Whatever is ultimately defirable is ei-
ther recommended by fome immediate fenfe or fome
natural inftind or impulfe, prior to all reafoning. 'Tis
the bulinefs of reafon to find out t he ;;;^^;^/ of obtaining
what we defire: or if various objeds of defire interfere,
to inquire which of them is of mod importance to hap-
pincfs; and what the beftme^ins of obtaining fuch ob-

Ch. 2. 7/5^ Sup R EME Good, 39

jeds. 3. Things are recommended to our pnrfuit,un-
der one or other of thefe three forms or notions, either
as pleafant, profitable, or honourable. Under the no-
tion of pleafure are fuch things piufued in which we
have only in view fome grateful fenfatlon to ourfelves ;
and yet moral writers feldom include under this branch
of pleafanfj either the moral virtues, or the fciences
and ingenious arts. Thefe things are c^Wt A profitable
which are defired as means of fomewhat further. The
honourable are the feveral virtues either intelleaual or
moral, which recommend themfelves by their own pe-
culiar dignity, very different from the lower forts of
pieafures. 4. The importance or moment of any good
toward our felicity depends on its dignity and durati-
on. There's a great dilTerence among the feveral forts
of good in point of dignity. When we compare to-
gether the goods correfponding to fenfes of the fame
order, fuch as thofe relating to the external fenfes,
the dignity is juft the intenfenefs of the pleafure in
the fenfatlon. But the objeds of the fuperior fenfes
have their own peculiar excellence, not to be com-
pared with the lower pieafures, appearing of itfelf, and
raifmg the defires of fuch as know them ; fo that we
approve and praife, and count the perfons happy, and
wife in their conduct, who defpife all bodily pieafures
in comparifon with them. 'Tis thus we plainly judge
of the man who prefers the joys of knowledge and of
virtue and virtuous aa:ion to all others, and devotes
him felfentirely to them, in oppofition to even the high-
eft fenfual enjoyments.

To a rational being therefor wh© h indued with
forethought thefe muft be the charaders of his fupreme
Good: '' It muft be fomething ultimately defirable to

G 4

40 fhc Supreme Good. Book I.

*.' which mod other things are referable; which has
*^ the higheil dignity, which is flable or durable, and
*' fnllicient to fatisfy or make happy.'*

III. In our inquiries after happinefs, which tnuftei-^
ther confiil: in the full enjoyment of all forts of good,
or at leall in that of the principal forts, we muft ob-
fcrve, that 'tis impodible for one to enfure to himfelf
the full enjoyment of all forts of pleafure, and an im-
munity from all evil. According to the uncertain fleet-
ing nature of human affairs, all external enjoyments
niuft be uncertain. The obje^s ihemfclves are perifh-
able ; and our own tailes and relillies arc changeable;
our health of body on which many enjoyments depend
is very unliable ; external objefts depend not on our
power, but as 'tis commonly faid, are the Gifts of
Fortune, or more properly, depend upon the Divine
Providence, which has enfured no man in the conllant
polFcfTion of them.

Need we alfo mention that there are many incon-
fiikncies among the feveral enjoyments, fo that one
cannot vigoroudy purfue or enjoy them all: nay fuch
is the dignity of the fuperior enjoyments, that they
fcorn fuch conjunction with the lower; their beauty
and higheil joy arifrs from our having defpifed and fe-
crificed to them thelov/crpleafures, and even refolute-
ly expofed ourfelves to tpils and diilreffes on their ac-
count.

Since then there's no obtaining a full enjoyment of
all forts of good, or avoiding of all evil, we muflcare-
fiilly enquire which forrs of good are the mod impor-
tant to happinefs, and what evils are the moft grie-
vous, and moft everfive of tranquillity and happinefs.
We muft therefor compare together the feveral goods

Ch. 2. ^he Supreme Good. 4I

which afFedl the various fenfes, and that both In re-
fpedt to dignity and duration; and in like manner com-»
pare the fevcral evils to dlfcover which of them are
mod grievous and dedrudtive.

IV. We may here tranfiently notice, that tho' we
grant to Hieronymus of Rhodes, and feme others of an-
tiquity, that upon the mere removal of all pain there
naturally enfues a (late in itfelf grateful and pleafant:
and that a ftuble fort of tranquillity and joy accompa-
nies an intire immunity from uneafy ft'nfations,fo kind
is theconftitution of our nature, provided the mind is
not diilurbedby any keen defires or fears ; fo that their
maxim is true, that wherever there's freedom from all
evil there mud be the poffefFion of fome good : yet 'tis
plain that beings endued with fo many fenfcs and ac-
tive appetites and defires, cannot be made happy by
mere indolence. This pleafure is but of a low kind,
nor has it any dignity ; muchlefs can it have fuch force
upon the foul as to be the fpring of our actions and
condudl in life. Happinefs therefor murt depend upon
other forts of goods fuited to our perceptive powers.
And here

In the firft place 'tis plain that bodily pleafures have
none of that dignity which is the objed of praife. Were
the fenfations never fo intenfe, yet they all are plainly
mean, and many of them fiiameful : they are tranfient
too and fleeting; nor does the remembrance of pad
enjoyments give any fuch pleafure, or yield any fuch
matter of joy or glorying, whioh could allay any for-
rows or didrclTes in life, or fupport us under them.

Nor can it be juftly ailedged, that the common fen-
timents of mankind feem to make thefe the highefl: of
all; b«caufe we fee the greater part of men much de-

42 T-^^ Supreme Good. Book I.

Voted to them alone. This is fo far from truth, that
there are few to be found, who, when the fervor of
their paffions is a little cooled, won't own, that fuch
pleafures are quite infufficient to happinefs. Themoft
worthlefs charaders have fome imperfe(ft notion^ of
virtues almofl: continually influencing them ; fome
friend (hips, fome kind offices towards fuch as either
nature or acquaintance hath attached to them, and
whom they raftily happen to efteem. Korean any one
deem himfcJf happy in conftant inactivity or fenfual
enjoyments : they muft conjoin with them frequent
adions and ofl[ices, which according to their notions
are virtuous. But, how ftrong foever the lower appe-
tites may be in proportion to the nobler, yet ftill that
diviner faculty naturally deftined to govern the reft,
and from whofe dictates we are chiefly to judge of the
intention of God and nature, ratlier fcorns and rejeds
fenfual enjoyments, as below the dignity of the ratio-
nal nature, and will not allow them to make a part of
the true happinefs.

Need we further infift that fenfual pleafures are al-
moft continually recommended by fome borrowed co-
lours of a moral kind, of friendfhip, humanity, bene-
ficence, or an elegant tafte ; otherways they would be
defpicable and (hameful. Nay our confcience or mo-
ral fenfe feldom appears in oppofition to them ; fince
by the ftrange deceit of the paflions, we generally per-
fuade ourfelves of their innocence. But on the other
band the virtues charm and make us happy by their
own native beauty and dignity : nor are we to imagine
that happinefs is found only in mirth, gayety, lafcivi-
oufnefs or diverfions, the amufements of weaker minds.
There's an higher happinefs to the grave who are in-

Ch. 2. T/^^ Supreme Good. 43

tent on ferious bufinefs, from their own goodnefs,
ftrength of mind, and fteadinefs.

There's juft caufetoo of appealing from the judg-
ment of the voluptuous, who given up to fenfuality,
feldom experience the joys of a virtuous fortmoft be-
coming the rational nature, and never feel the plea-
fures of entire (labJe integrity and goodnefs. They are
corrupt judges, having the nobler fenfes of the foul
much (hipified. But the external fenfes are never ima-
gined to be any way impaired by the greateft dignity
and (leddinefs of foul in all the moral virtues. The
good man knows all the good in fenfual pleafures,and
defpifes it that he may adhere to virtue; finding up-
on full knowledge of both, tliat in virtue confifts the
fupreme good. Thefe honourable enjoyments are ne-
ver blended with fenfual pleafures, or recommended
to us as the means of obtaining them ; on the contra-
ry, they are chiefly recommended by the labours, trou-
bles and dangers incurred;

Midfl lojfes^ deaths y derhnng force

And fpirit from the h oft lie fword, H O R .

Nay we have in this caufe frequent teftimonies from
the voluptuous themfelves. How few are fuch aban-
doned wretches as not to be much more afFeded with
the beauty of fome virtues, than with any bodily plea-
fures ? Who won't fometimes in ferving a friend, or
maintaining their own moral characters, or refuting
certain calumnies, expofe themfelves to toils and dan-
ger, and forego pleafures ? How few are devoted to
mere folitary fenfuality without any focial friendly af-
fet^ions and joys ? The few who are fo, the world
looks upon as monfters, anddetefts them. And then
how tranfient and fleeting are thefe pleafures, fince

44 "^^^^ Supreme Good. Book I.

they depend entirely upon the continuance of the ap-
petite ? when the natural craving is fated, all pleafure
is gone ; and there miiil be long, tedious and difa-
greeable intervals, unlefs they are filled up with more
honourable purfuits.

A httle reflection too will (hew us, what is of high
importance in this matter, that in a temperate courfe
of life, filled up with the moll virtuous purfuits, till
the natural appetites recur, there is generally that en-
joyment of the lower pleafures which is both fafeft and
moft delightful ; fmce moderation and abftinence
heightens the enjoyment. With fuch goodnefs is our
nature conftituted by God, fo gentle is the reigri of
virtue, that it retrains not its fubjeds from that en^
joyment of bodily pleafures, which upon a right cfti-
mate will be found the fweeteft: altho* this ihe de-
mands, that we Ihould fHU prefervefo lively afenfeof
the fuperior pleafures, as may be fufficient to controul
the lower appetites, when they make any oppofition.
But on the other hand under the empire of fenfuality
there's no admittance for the virtues ; all the nobler
joys from a confcious goodnefs, a fenfe of virtue, and
deferving well of others, mud be banifhed ; and gene^
rally along with them even the rational manly plea-
fures of the ingenious arts,

V. Let us next confider that pleafure which ari fes
from the elegance and grandeur ol life : this no doubt
is of a far fuperior kind to brutal fenfuality, and yet
is neither very great nor durable. Such things can give
fmall alleviation to any of the important evils of life,
fuch as bodily difeafes, or thofeofthe mind, which
are often more fevere, our own anxieties, foUicitudes,
forrows. While thefe matters of ornament, elegance

Ch. 2* 77v SUPRE M E G 00 D. 45

or grandeur are new to ns, they are pretty agreeable ;
but being a fhort while enured to them puts an end
to their pleafure: we are foon cloyed ; and if the tafte
continues, we fall a hunting after fomething new, with
a ftrange caprice and inconllancy ; expofing ourfclves
to innumerable chagrins and follicitudes, to obtain
what again we (hall prefently be cloyed with and nau-
feaie.

Need we infift further that all thefe things require
alfo fome friendly fociety : their principal charm is
in fome notions of liberaUty,kindnefs, good-will, and
fharing of pleafures with others : by thefe chiefly they
are made joyful to us and matter of glorying. And
then fuch things may be enjoyed by the very worft and
mod wretched of mankind as well as by the aloft wor-
thy.

Let us fubjoin to thefe the pleafures of the ingeni-
ous arts, and that moft truly manly fort which we en-
joy in knowledge and the fciences : thefe the fenfe of
every one who has any tolerable genius or gentlemanly
tafte, muft indeed prefer fir above any bodily plea-
fures; and they are alfo far more durable and ftable.
Whenever therefore we have leifure from the honour-
able offices of life, what ftudy or pains we employ a-
bout them is truly laudable, and the remembrance of
it will be agreeable. This is the natural food of the
rational nature, and a pleafure fuited to it; this is
the proper exercife and improvement of that diviner
part : thefe pleafures are of a purer kind, and raore
honourable and joyful, and friendly too to the volun-
tary virtues. And yet v/e may eafily fee that they
alone are not fufficient to happinefs : they are not ab-
folutcly the higheft; and are plainly in their own na-

^6 7he Supreme Good. Book L

ture deftined for fomething further, even for thefe ho-
nourable offices by which we m!<y ferve our friends
or our country. And hence it is that all men muft ap-
prove one who would throw afide even the moft de-
lightful ftudies about the moft important fubjeds,
when he were called to fuccour his friends or his coun-
try, or to perform any kind or friendly office.

Let us imagine with ourfelves a perfon poflefled
of every ornament and elegance of life, along with
all the means of bodily pleafures, and this by fome
miraculous providence; and that he were employed
in the noblefl: contemplations with uninterrupted lei-
fure, and yet void of all focial affeclion, neither loving
any nor beloved, without any opportunities of friendly
offices : or imagine him retaining the natural aflfedli-
ons toward others, but that all his kinfmen, all the ob-
jects of his love are calamitous and miferable : Is there
any man fo diverted of humanity as to wifh for fuch a
lottohimfelf, orthink itdefirabler muft not every one
look upon it as miferable and deteftable ? Imagine fur-
ther, that the morofe unkind affedtions alfo arife, en-
vy, hatred, fufpicion, fear ; paffions which generally
fill up the vacancy of the kind affe6t ions in our hearts,
even when wrlive in the greateft affluence: furelythis
ftateof life muft be deemed moft miferable, void of all
true pleafure, and more to be dreaded than even a
painful death. And yet on the other hand, friendly fo-
ciety in life, mutual love and confidence, and virtu-
ous offices, can make a laborious toilfome life, even
amidft diftrcftcs, defirable and glorious.

VI. Let us proceed to another fource ofhappinefs
or mifery, our fympathv or focial feelings with others,
by which we derive joys or forrows from their profpe-

Ch. 2, y^^ Supreme Good. 47

rity or adverfity. And this a]l muft allow to beof gr^at
importance. For, in the name of all that's facred ! who
would not prefer beyond all comparifon the liberty,
virtue, and felicity of his children, his kinfmen and
friends, his countrymen, not only to fenfual pleafures,
but to the nobleft pleafures of a felfi(h fort in the arts
and fciences ? who would not rather forego them all
than behold all fuch as are dear to him in a condition
either miferable or ftiameful ? While there's any life
or vigour in the natural afFedions of the focial kind,
fcarce any thing can more affedt our happinefs or mi-
fery than the fortunes of others. What powerful re-
lief under our own misfortunes arifes from feeing the
profperity of fuch as are dear to us ! and how is all
our enjoyment of life deftroyed and beat to pieces by
feeing their mifery !

This focial fympathy we naturally approve: to be
touched deeply with the misfortunes of others is ho-
nourable ; nor can we wifh to be diverted of this fenfe
even when it occafions to us fevere diftrefles and for-
rows : and the contrary temper, the hard infeniible
heart, tho' free from fuch cares and forrows, we natu-
rally deleft, and deem it miferable becaufe it is odious
and bafe.

The joys or forrows of this clafs may alfo be very
lafting, according as the profperity or adverfity of the
perfons we love continues. Nay we have deep forrow
in refleding upon the diftrefles or deaths of friends
for a long time after thefe events : this duration of
thefe fenfations adds exceedingly to their impor-
tance.

W hat happinefs we derive from this fource Is plain-
ly independent of us, and is determined by Providence,

43 T/^^ Supreme Good. Book I.

Ko man can in(^jre it to himfelf any more than exter-
nal plenfures. Nor is it of confequence to prevent fym-
pathetick pain, to think that men are generally the
guilty caufes of their own miferies. Nay this very thing
is chiefly deplorable and moft pityable, that men are
made miferable by their own faults, placing their hopes
of happinefs in fuch mean perifliing objeds. All who
deem themfelves miferable are truly fo, even altho' a
change in their own tempers would, in the fame ex-
ternal circumftances, make them happy.

There's plainly no other refuge from thefc evils, no
other foundation for tranquillity or (table joy to a kind
heart, but a conflant regard to the Deity and his wif*
dom and ^oodnefs governing this world ; with a liable
perfuafion that all is ordered in the wifeft and bed man-
ner for the univerfal felicity ; and that all that varie-
ty of evil we behold is yet no more or greater than
what is requifite for the profperity and perfe<ftion of
the univerfe, and may at laft alfo frequently tend to
the real good of thcfe very perfons whofe misfortunes
we bewail.

Vlf. The next fource of happinefs or mifery natu-
rally connecfted with the former, is that co7ifcic7ice or
fenfe of what is right and honourable, which is alfo of
great importance in life. This any one may perceive
who can recolledl any offices he has done for others
with vigour, friendlinefs, an high fenfe of duty, or for-
titude ; and obferves with what joy the remembrance
mud: fill his foul. What are our fentiments of others ?
with what endearment, what ardent good-will do we
embrace fuch as are engaged in fuch offices ? and how
happy do we deem them even amidil their toils and
dangers J nay when they are voluntarily expofing

Ch. 2. The Supreme Good, 49

themfelves to certain death for their friends, their
country, or for the propagation of true religion I
The very refveries of men at leifure, when they are
imagining to themfelves, or thofe they love, a whole
plan of life of the greateft dignity and happinefs ihey
can conceive, fufficiently rtiew that they can have no
notion of an happy courfe of life without a continued
courfe of fteady virtue, difplay'd amidil toils and dan-
gers. Thefe fentiments appear rooted in our hearts
from our childhood. The whole frame of our nature
fliews that we are deftined for adion, and that in vir-
tuous aflion alone we can find the highefl happinefs,
incomparifon with which allfenfualpleafures appear
defpicable.

And then, with what joy, with what tranquillity
and confidence mud a good man be filled, who endea-
vouring to refembie the Deity as far as he can, is per-
fuaded that he has the Deity for his propitious kind
Ruler, Father, and munificent Rewarder; who, being
affured that all events are governed and difpofed of by
his Providence, willingly embraces whatever befals
him, firmly trufting that it is ordered with perfcdt
wifdom, and Ihall tend to his good : one who knows
and loves the Supreme excellence, and is frequently
employed in the contemplation and imitation of it.

Add to all this, that thefe joys are the moft (table
and durable which arife from a confcioufnefs of our
good difpofitions, and of having a^led according to
them. The honourable toils and troubles are f^on o-
ver, and are fucceeded by joyful and glorious refied^i-
ons. The tafte is not changeable or inconilant; the
pradice of virtue is never cloying ; nay it rather whets
anew our appetite for further good offices of the fame

D

56 7'^'? Supreme Good. Book h

or a nobler kind. To this are joined thefe further
pleafures, when we congratulate with thofe we have
ferved effeaually ; when wejuftly expedl the approba-
tion and praifes of mankind ; when we have the joy-
ful hopes of obtaining from God and men whatever is
requifite for our fafety and felicity. Nor need any one
fear the want of opportunities for exercifing his virtues
in good offices, if he is heartily fet upon them, accor-
ding to the condition of life allotted him. The indi-
gent or weak may not be capable of important fervices
to others in external things. But fuch a one, having
moft ardent wi(hes for the profperity of mankind, and
refolved to profit them at leafl: by his example of pie-
ty, and by fuch mean offices as are in his power, may
wi'th an humble confidence and joy approve this good-
nefs of his heart, thefe honourable affeaions to God
the moft equitable judge, and to the wifeft of man-
kind, and expea their favour, approbation and protec-
tion. 1 • r r •
VIIT. What naturally enfues upon this ienle, is

that of honour and infamy^ which is a very keen and
lively one. Praife and glory when they are founded
upon virtue, make no fmall acceffion tohappinefs ; but
without this foundation they are of little confequence.
That moft be an unfair and trifling mind which can be
delighted with praifes it knows not to be due to it.
True glory like a lively tree fpreads its roots deep,
and diffufes its branches: but falfe glory like the blof-
foms, muft foon fall. No man can be aiTured that
groundlefs honours can remain with him even for a
day. Such is the power of truth, that it frequently
prevails beyond all expeaation, either in the unmask-
mg of oftentatious hypocrites or in vindicating the in-

Ch. i. The SupremeGood. 5X

jured charadler, and refcuing virtue from calumnies.
And fince the true objed of praife is virtue alone ; that
natural ftrong pafTion for praife fhould excite every
wife man to regulate his whole hfe according to the
rules of virtue, and employ himfelf continually in fome
truly honourable offices.

IX. That we may not quite omit another fource
of enjoyment tho' of a lower kind; that which confifls
in mirth and gaiety, amidft fports, diverfions and jeft-
ing ; we (hall only briefly fuggeft, that unlefs the no-
bler powers be much flupified, and we cafl: afide all
manly thought and reflexion, indulging a bafe negli-
gence about the mod: important concerns, we can no
other way than by virtue and a careful regard to the
duties of life, promife to ourfelves either tranquillity
or chearfulnefs. For when the foul is galled and ul-
cered either with remorfe, or with the ill-natured en-
vious paflionsoppofite to virtue, or with fears and fu-
fpicions, there can be no undifturbed enjoyment of any
fatisfadion. In this matter the common fimilitude
holds, ^' whatever is poured into a four cask muft foou
^^ grow acid." 'Tis then alone we can be truly eafy
•and cheerful, fit to relifh all manly pleafantries and
mirth, when we are poiTeffed of a courteous, humane,
fweet temper, with a good confcience, and maintain-
ing a friendly focial intercourfe with good men.
"Whatever therefore is valuable in gayety and mirth,
fliould alfo excite us to cultivate all kinds of virtue, and
perfuade us to adllvity in difcharge of all the duties of
life.

X. As to wealth and power ; whatever good is in
them, fliould naturally lead a wife man into the fam€
virtuous courfe : fmce it is by obtaining the favQur

D 2

Y2 ne StvKtuE Good. Book I,

and good-will of others, and maintaining credit in fo-
ciety, that wealth and power are eafieft obtained and
preferved : nor can the greateft weahh or power fe--
cure its poffeffor againft a general hatred or refent-
ment. But as wealth and power are not defired for
themfelves, but for further purpofes; from what we
have fhewn to be the nobleit pleafures of life, and our
higheft advantage and happinefs, it muft appear, that
they alone reap the true fruits, and have the fafeft and
fweeteft and moft honourable enjoyment of wealth or
power, who employ them in liberality and benefi-

•cence. n • • i •

Butfince one of the firft and ftrongelt principles in
all animals is the defire of felf-prefervation, we muft
offer a few thoughts on this head. 'Tis plain this de-
fire like moft others may be too ftrong : nor is mere
living fo much the objedt of it, as an happy life : and
'tis certain that in fome circumftances life ceafes to be
defirable : as for inftance, when we cannot preferve it
without greatbafeners,ignominy and remorfe ; or muft
continueitundergrievousbodilypain.Themoftfnend-
ly heart would wifh for the death of his friend, when
he cannot otherways efcape thefe evils. Death is a cer-
tain event to all, and no man knows how foon it may
happen. It muft therefore often be wife conduft for
one's own intereft to expofe his life to the greateft
dangers when any facred duty requires it, that he may
not for the prefervation of life lofe all that makes
it worth retaining. We ought therefore to fortify oiir
minds againft the terrors of death : for one who dreads
an evil always impendent, and that may furpnze us
every moment, can retain no tranquillity. And this
ftrcngth of mind is to be obtained by deep meditation

Ch. 2. The Supreme Good. t%

from our youth, that after death, if it deftroys the
mind as well as the body, 'tis impofTible there can be
any evil, or any uneafy fenfation. But if our fouls pe-
rifh not in death, which we julHy conclude both from
the goodnefs of God and the divine powers of the foul
itfelf ; then all good men may hope for a joyful flate,
and that this fading mortal life (hail be fucceeded by a
new life of a nobler kind, which alone deferves that

name.

The whole former reafonings unite in this conclufi-
on, that happinefs confifts in the virtues of the fouJ,
and in the continued exercife of them in good offices :
to the completion of which however fome moderate
advantages with refped to the body and fortune are
requifite, at leaft that we enjoy health, and fuch a
competence of external things as may fatisfy the pain-
ful cravings of nature. From the poffeffion of virtue
alone life is to be counted happy: but to make it
compleatly fo there mud be a moderate degree of ex-
ternal profperity.

XI. The fame conclufion is further confirmed by
comparing the feveral evils contrary to the feveral forts
of good already compared. And here in the firft place,
'tis plain that the ftrength and force of bodily pain is
greater in proportion than that of bodily pleafures ;
and this wifely ordered, that we may be the more
flrongly excited to our own prefervation : and yet they
are not to be looked upon as the greateft of evils. Men
are often led into this miftake by comparing fome fmal-
ler kinds of moral turpitude, even when they are ex-
cufed in fome meafure or alleviated by the greatnefs
of the temptation, with the higheft bodily tortures.
But fome crimes are fo deteftable, and mult occafion

^ 3

54 r^^,? Supreme Good. Bookl.

fuch felf abhorrence, and torturing remorfe, and fome
forrows and diftrelTes occafioned by the m.fery of per-
fons very dear to us are fo deep, as to occafion mile-
ry fuperior to any bodiiy torments.

And then as to duration, the pain of the body, as
well as its pleafures, can feldom be very durable. Such
pain as is lafting muft generally be of a lighter fort, or
admit of frequent intervals of eafe. The feverer kinds
muft generally foon end in death: and the reniem-
brance of pad pain when we dread no returns of the
like, has nothing uneafy in it, nay is fometimes Iweet,
and matter of glorying.

The more elegant pleafures of the arts, fi-om^^^":
tv, harmony, and ingenious imitation, and a 1 thele
thmgs which relate to the ornament or grandeur of
life, have no proper pain oppofite to them Thele
more fublime fenfes are the avenues of pleafufe and
not of pain. Where indeed men have indulged itrong
defires of fuch gratifications, or affefl glory and emi-
nence by them, it may be very uneafy to be difap-
ftointed, and we may regret much the want of them.
But an abfolute want of them is not a natural necel-
fary caufe of any mifery. Nay we fee that the greater
part of men are abundantly eafy without them, and
therefor have no folicitude to procure them. _

But 'tis of the higheft ufe to obferve, that virtue of
itfelf has no natural tendency to expofe us to any of
thefe external loffes or pains: nay it rather prevents
or removes them. But if it (liould be our fortune to
incurr fuch loffes or pain, from which furely the vitw
ous are no more fecured than the virtuous ; or it lome-
times on account of virtue we (hould be expofed to
fuch evils, which is fometimes the cafe, (tho* men are

Ch. 2. r^^ Supreme Go OD. fS

much more frequently involved by their vices in fuch
evils, and that in a more fhameful bafe way) Virtue
can teach us to bear fuch evils with refolution, or to
conquer them; or will afford us a variety of ftrong
confolations under them. Juft refleaion will (hew us
that fuch events are the proper matter of exercife for
the mod glorious virtues, the courfe in which they
muft run, and train themfelves, acquiring daily new
force? that it is by bearing them with patience that
our refignation to God, our fubmiflion, and magna-
nimity muft be difplayM, ftrengthencd, and at lad glo-
rioufly rewarded.

The miferiesof the fympathetick kind from the di-
ftrefles of others are often more fevere, nor can they
be allayed by any fenfual pleafures or any external ob-
jedts. Such diftrefles are alfo very lading : fmce all
remembrance or refledion upon any grievous misfor-
tune or infamy of any perfon dear to us mud always
be matter of great uneafinefs. There is fcarce any con-
folation under fuch didrefs except what mud be deri-
vcd from refignation and trud in the Deity ; by which
alone it is that good men can fupport their fpirits in
ail events.

But dill the mod grievous of all evils is the moral
turpitude of a depraved heart confcious of its own
bafenefs. This makes a man odious to himfelf; and
makes his own temper, what's mod effential and in-
timate to him, appear bafe and diameful, nay ignomi-
nious and detedable. This evil too is of the mod lad-
ing nature ; fmce the remembrance of our pad crimes
or impieties mud ever be grievous and fliameful. Nor
can we fhake off this uneafy tormenting feeling uniefs
by an entire alteration of temper, and reparation of

^ 4

5(5 T/^^ Supreme Good. Book I.

any injuries we have done ; nor will this itfelf do it
efFedually. Its common attendants too are folici-
tudes, rears, anxieties ; and, as fuch perfons have de-
ferved ill of God and mankind, they mud live in a
perpetual dread that they fhall be repaid according to
their demerits.

i Along with thefe inward caufes of mifery, comes
alfo infamy ; which when julHy deferved gives fevere
and lafting torment, excludes all hopes of true friend-
{hip or favour with others, and of obtaining their
faithful affiftances for our advantage.

From all this we fee that it was with the jufteft rea-
fon the old Academy and thePeripateticks placed hap-
pinefs in ^^ a conftant adivity according to the highefl:
*^ virtue in a profperous courfe of life." This the
fchoolmen call \\\tfuprenie formal good. The fame
therefore is the fummary notion of happinefs and of
virtue: to wit, *^ that we fhould love and reverence the
*"' Deity with all our foul, and have a ftcdfaft good-
^' will toward mankind, and carefully improve all our
^^ powers of body and mind by which we can promote
^' the common intereft of all ; " which is the life ac-
cording to nature.

XII. But we ought always to keep this in our
thoughts, that we entirely depend on God; that all
the goods either of mind or body, all our virtues, have
been derived from him, and muft be preferved or in-
creafed by his gracious Providence: and fin ce every
good temper mufl: always extend its views abroad, ftu-
dioufly purfuing the happinefs of others, which alfo
entirely depends on the will of God, and cannot be
enfured by human power : there can be no other ftable
foundation of tranquillity and joy than a conftan^

Ch. 2. The Supreme Good. j^y

truft in the goodnefs, wifdom and power of God, by
which we commit to him onrfelves, our friends, and
the whole univerfe, perfuaded that he will order all
things well. The fchoolmen therefor juftly call God
the fupreme obje6t of happinefs, onhefupreme obje^ive
goody from the knowledge and love of whom, with the
hopes of being favoured by him, our fupreme happi-
nefs muft arife.

H

58 the Several Kinbs Book L

CHAP. III.

Concerning f)5^ Chief Divisions ^/Virtue.

AviNG (hewn that our chief good confifts in
_ _ virtuous aaivity, our next Inquiry muft be,
what are the feveral virtues ? and what adions flow
*from them ? and toward what objeds ?

In explaining our natural confcience or fenfe of what
is good and honourable, we (hewed that the chief vir-
tues of the foul are kind affeaions and beneficent pur-
pofes of aaion : and that of thefe the calm and fted-
faft are more excellent than the paflionate, and that
the mod extenfive are the moft excellent. Amongft the
moft excellent too we placed an ardent love of moral
excellence, an earneft defire of increafmg it m our-
felves, and an high efteem and love toward all who
are poire(red of it, with the higheft love toward the
fupreme excellence. Whence appeared our duty of
loving God with the higheft veneration, and the fa-
cred obligations we are under to cultivate fuch affec-

In the middle or lower claflTes of virtues we placed
thefe narrower affeaions which either nature or ac-
quaintance have excited : of thefe the more lovely are
fuch as arife in a virtuous heart upon obferving in
others the like virtuous difpofitions : and hence fuch
friendfhips as virtue has begot and nourifhed muft ap-
pear very lovely. There's alfo fomething very engag-
ing in a general courtefy, and fweetnefs of deportment
toward all we have any intercourfe with.

We reckon alfo among the virtues all thefe habits

Ch. 3. ^/VIRTUE. S9

or difpofitions, which tend to improve the nobler pow-
ers of the foul, or are naturally joined with or fubfer-
vient to generous afFe(^ions ; and all fuch too as tend
to reftrain the meaner fenfual appetites, the ordinary
obftacles to virtue, and gives us a power to control!
them : all thefe we immediately efteem for themfelves.
For by the wife contrivance of our Creator, our natu-
ral tafte is fo formed, that we immediately approve and
efteem all fuch affcdions or powers, the more in pro-
portion as they are of greater importance to the gene-
ral good. And hence it is that we not only approve
and love the kind affedions of a more contracted kind,
which are fo neceflary in the feveral relations of life,
while they are not oppofite to any moreextenfive inte-
reft ; but we alfo immediately approve 2iftncerej tnge'
miouSy candid te7?iper ; we praife ahjlinence or contempt
of wealth and pleafure, ^n(\ fortitude : as all rhefe na-
turally evidence a mind pofTeired of an high tafte for
moral excellence, confirmed by an indifference about,
or contempt of fenfuality, and external advantages, or
difadvantages. Nay we immediately relifti fuch a ftate
or motion in the body as carries natural indications of
virtue; and all the contrary difpofitions whether of
mind or body appear difagreeable and offenfive.

Need we mention again fome natural fen fe, different
from the moral one, but not unlike it, by which we
rclifh and value fome powers of the mind and the bo-
dy quite different from any of the voluntary virtues.
To all the pov/ersGod has given us there's conjoined
fome fort of fenfe or relifh, recommending that exer-
cife of them we call natural, which is alfo the moft fub-
fervient to the general good. Hence we highly ap-
prove the purfuits of knowledge and the ingenious arts.

5q The Several Kinds Book !•

a capacity of application, induftry, and perfeverance.
Kay even in bodily exercifes and recreations, we moll
approve thefe which either fliew fomething of ingenu-
ity or ftrength, or tend to encreafe them.

II. Having given this general rude draught of the
virtues, 'tis proper to confider their feveral kinds, that
each of them difpiaying its beauty to us, may more
allure us to purfue them. Virtue in the largeft accep-
tation, may denote any power or quality which is fub-
fervient to the happinefs of any feniitive being. In its
ftridler acceptation it denotes any habit or difpofiti-
pn which perfedls the powers of the foul ; and thus
virtues are divided into the intelleBualj which include
all improvements of the mind by ingenious arts and
fciences; and morale which are chiefly counted virtues,
being perfe<5lions of the w/7/ and affeCiions ; and thefe
are the chief objedt of Ethicks.

And yet the intellcdual virtues are not to be alto-
gether omitted in Morals; not only becaufc they af-
ford a noble branch of happinefs^pleafures exceeding-
ly becoming our rational nature; to which whofoever
is enured, and has got an high tafte for them, is en-
abled to contemn the meaner enjoyments which lead
to vice; whence the fciences have juftly been deemed
purifications of the f)ul'^ : but becaufe they give a
more direct aid to the moral virtues. For from a deep-
er enquiry into nature and the univerfe, the perfedli-
ons of the great Creator are difplayed, our dutiful ve-
neration toward him increafed, the mind Itdi into a juft
contempt for the low worldly purfuits of mankind ;
and that humility y or deep confcioufnefs of our owii

* Pythagoras and Plato called them y-cc^dp/^uloc vfu;^«f .

Ch. g. ^/VIRTUE. 6i

weaknefs and manifold imperfeaions, is obtained,
which is a chief ornament and perfe(^ion in a good
charader. Nay, without a great deal of knowledge
in the lower and ordinary affairs of life, we muft be
deficient in that praftical prudence which is always
necelTary in our condncfl. But thefe virtues or accom-
plifhments belong principally to other branches of
philofophy, or arts. This we fuggeft only in general,
that in the purfuits of knowledge thefe two faults are to
be cautioufly avoided, the one that of rafh precipitate
afTenting ; and for this purpofe we mufl: both take time
and make vigorous application, and bring along a mind
free from prejudices and prepofTeflions, or any paffio-
nate attachments. The other fault is employing too
much keenefs upon fwbjeds, perhaps difficult, but of
fmall ufe or neceflity in life.

As to the moral virtues feated in the will; the di-
vifions given of them by different authors are very dif-
ferent. The followers of Ariftotle, having this prin-
cipally in view, that 'tis by immoderate ungoverned
paflions that we are led into vice, while yet all thefe
paffions have been wifely implanted in our nature by
the Deity for neceffary purpofes, they define virtue,
*^ a coniiderate habit of the foul preferving a medio-
'^ crity according to right reafon ; " as indeed it is a
great part of the office of virtue to keep the feveral
affedions, which are frequently diforderly, from both
the extremes ofexce/s and de/e(^. In this view, to ex-
plain the feveral virtues they go through the feveral
natural paflions, and their feveral degrees, when they
are either too languid or too vehement ; and fhew that
the middle degrees are the fafeft, the mod: advantage-
ous^ and the moft graceful ; and thefe they count vir-

^2 7X^ Sever AL Kinds Bookl.

tuous. Now the feveral habits by which this me-
diocrity is prcferved, according to a celebrated divifion '
among the Antients, they reduce to four claffes, which
are called the Cardinal Virtues ; Prudence, Jujiice^
Te7nperance and Fortitude : from which they derive all
the leveral branches of virtue.

III. Prudence they defcribe *^ a cautious habit
« of confideration and forethought, difcerning what
^^ may be advantageous orhurtful in life;" which muft
be acquired and preferved by experience and frequent
meditation. This habit no doubt is neceffary in all the
bufmefs of life. But one would think prudence were
rather to be ranked among the intelledual than the
moral virtues : and yet no man can attain to the true
folid prudence, whofe heart is not improved by the
moral virtues, with an high fenfe of moral excellence;
and who has not deeply imbibed the more generous
fentinients of goodnefs. Others may have a fort of
crafty fagacity in worldly affairs, which aflumes to it
felf the title of Prudence and Wifdom, but yet is very
remote from it. The vices oppofite to this virtue are
raJhnefs,inconfideratenefs, 2. foolijl? felf- confidence , and

craft, ,

Fortitude they define to be ^' that virtue which
<^ ftrengthcns the foul againfl: all toils or dangers we
*' may be expofed to in difcharge of our duty :" 'tis
this virtue which repreffes all vain or exceff ve fears,
and gives us a fuperiority to all the external accidents
of our mortal ftnte ; grounded on a thorough know-
ledge of their nature, that no external advantages are
to be compared in point of happinefs with the polTeffion
of virtue, and gaining the approbation of our own
heaits, and of God, to whom our tempers muft be per-

Ch.g. ^VIRTUE. 53

feaiy known ; and that nothing ought fo much to be
dreaded as vice and the moral deformity of the foul :
and confequently, fince death muft foon befal us In all
events, that an early death with virtue and honour is
highly preferable to the longcft ignominious life. On
fuch principles as thefe muft be founded that true great-
nefs and elevation of mind which is not to be diftur-
bed by external accidents.

This true grandeur of mind is difcovered in thefe
three things; in an high relifh and love of moral ex-
cellence; in that fuperiority to and contempt of exter-
nal accidents juft now mentioned; and in a tranquilli-
ty free from paflion. There is therefor no true forti-
tude in not dreading moral turpitude or juft infamy :
the truly brave and wife avoid thefe things above ail;
as they will alfo decline any dangers to which no vir-
tuous offices call them. Now as our pafFionate moti-
ons are of two kinds ; one, that of pafFionate defires,
the other that of averfions, fears or anger ; and forti-
tude regulates thefe latter, as Temperance does the
former; among the branches of Fortitude, are rec-
koned befide Magnanimity, Conftancy, Hardinefs, and
Patience, Lenity alfo of temper and Clemency; and,
when the publick intereft requires it, Rigour and Se-
verity, with fuch juft Refentment as is requifite to re-
pell or reftrain injuries.

The vices oppofite to Fortitude on one hand, are
Pufdla7jimity and Coixjardicey and their common at-
tendant Cruelty; on the other hand, furious boldfie/s
and Temerity, which is often attended with obflinacy
and ambition, ov too keen defires of eminence, incon-
fiftent with that equ alityo fright which fliould be main-
tained in every free ftate.

54 r^(. SEVERAL Kinds Bookl.

Temperance is that virtue v/hich retlrains and regu-
lates the lower appetites toward fenfual pleafures ; as
'tis by them that men are moft frequently enfnared mto
all manner of vices, and into a negleft of every th.ng
honourable. In this virtue moft remarkably appears
the grace and beauty of manners, wh.ch is quite de-
ftroved by fenfuality.

The feveral branches of Temperance are Modera^
fm of Mind, Modejly, Chajiity, Frugaltty,.Conten-
«,.«/with, or Relilh for plain fimple fare and a Seve-
rity of manners in oppofition to all obfcen.ty and lewd-
nefs The oppoGte vices are Luxury, Gluttony Drunk-
ennefs. Impudence, Wantonefs, Obfcenity, effemmate
V->,andi)./.V.<:7astofoodandothercaresabout

'^^B^uf &^^they make the fovereign virtue to which
allthereftfhouldbefubfervient: thisthey define an
« habit conltantly regarding the common interelt, and
." in fubferviency to it, giving or performing to each
" one whatever is due to him upon any natural c a.m.
Under it they include all the kind difpofit.ons of heart
bv which a friendly intercourfe is maintained among
men, or which leads us to contribute any thmg to the
common in.ereft. Such as Liberality, Beneficence,
Friendlinefs, Gratitude, Magnificence, Courtefy, Huma-
nity, Veracity, Fidelity, Hcfpitality, Love of our Conn-
try Dutiful affeaion\n the facred relations of life, and
principally Piety toward God who i^ conceived as the
Ruler and Father of that moft venerable and facred po-
litical Body, the Rational Creation, of which our leve-
. ;;; countries are but fmall parts. The nature of the
. three former cardinal virtues may be known from what
,vas faid above about the fupreme Good, and the com-

^'i- 3- ^/VIRTUE. ' 6;

parifons made of the fevera! obje(51s of our natural de*
fires : and the nature of Juftice will be more fully ex-
plained in the fecond Book, * where we treat of the fc-
veral rights of mankind.

Thefe four virtues they maintain to be naturally
connected and infeparable not only in their highefl: de-
gree, which they call the Heroic; but in the middle
degree, called that oiTemperance, when the lower ap-
petites are eafily governed : altho' they may be fepa-
rated in the firll weaker difpofition called the degree
o{Co72tinence, And yet from each of them fome pecu-
liar duties are derived which they dilate upon very
agreeably. But fo far for this fubjecl.

IV. The RE arifes hereaqueftion of fome little dif-
ficulty about the original of virtue, whether it arifes
from the very conflitution of our nature, or from in-
ftruc^ion and habit, or by fome divine influence or
power. On which fubjed we briefly ^v\ggd\, that what-
ever flows from any natural principles is as much ow-
ing to God, and we arc as much indebted to him for
it, as if it had in an extraordinary manner been efFeded
by his power. Nor ought our gratitude to be lefs for
any benefit, on this account that the liberal Donor has
diffufed the likegoodnefs amongft many, or that thefe
benefits have been beftowed upon us in a certain re-
gular method, according to fome fixed iav/s, in confe-
quenceofaftabJe feries of caufes determined atfirilby
thegoqdnefsandwifdomof the Authorof nature ; or
becaufe he has ufed other voluntary agents as his mi-
iiiflers and inRruments, whom he has inclined or ex-
cited to do us fuch good oiHces. Any virtues therefor

* See Book ii. Chap, 2, and ^,

gg 73^ Several Kinds Book I.

^hlch we find in ourfdves fhouW be the chief matter
!f dLkfoivin? and praifes to God. And yet there s
fottng incredfble in this that the univerfal Governor
o? he lorld (hould alfo by his power .nfp.re and excite
Jen tovhateverisgloriousandhonourabe: nay t.

father improbable that he who had difplayed fuch good-
Sin beftowing external ad vantages on us ftould not

alfo exert the f^me goodnefs and power m beaow-^
i ' the more noble benefits*. Jhe concurrence of
Zk three caufes to be fure muft undoubtedly make
^n virtuous. We fometimes fee an h.pPY nat-l
difpofuion, Vithfomethinglikeadivme m.pulfe, pro-
^uce .rear matters without much a.d f^m ,narucW
ordifcipline: but without fome tolerable natural dif-
"S at kaft without a natural tafte or capac.ty
for virtue (which however fcarce any one wants ako-
lether) inftruaion or cuftom would be of httle or na
S Of thefe two a good natural difpofit.oj. feems
of later confequence, as nature is a more ftable pnn-
Z And vet inftrucT.on and habit wonderfully im-
;T ; the nalll difpoftuon ; and 'tisbut feldom that
Sout their aids we can exped to fee any thmg great

'"^ We (haTl not dwell further upon that mediocrity in.
fafted on fo much hy Jnflotk- for tho .t well de-
fe ves our confideration, yet 'tisplam thatthe pnma-
,; notion of virtue docs not conSft m ,t. And howe-
?er it may hold not only as to our lower appetues,
nnd fon.e of the more fublime ones by wh>ch we are

. This cannot appear flran^e to thofc who afcvlbe to the
eonft^nt operation of God thofe forces in the n,aterul wo d
b" vhich its frame is preilrvcd. See Mtou.m L. .. c. . 7-
anidB.ix. c 4*'

Ch. 3. of VIRTVE. -67

purfulng more manly enjoyments of a felfifh kind, but
even in the more narrow afTecHons of good-will, that
a middle degree, equally removed from both the ex-
tremes ofexcefs and dcfed, is the mo(t laudable ; yet
there can be no excefs in thefe affedions in which vir-
tue chiefly confids, to wit in the love of God, and in
that cxtenfive good-will toward all, or in the love of
moral excellence, provided we have juft notions of it.

V, There's another divifion more obvious aiidper-*
haps more natural^ according to the feveral objecls to-
ward whom our virtues are to be exercifed, into P/V-
fy toward God, and Good-nvII/ toward Men: to which
a third branch may be -add'^d of fuch virtues as imme-
diately relate to ourfelves, by which a m.an imme-
diately aims at his ov/n pcrfedion. And altho' there
be nothing morally lovely in mere felf-love, and it
muil be fome reference to our duty to God, or to that
toward men, which mull: make a man's duties toward
himfelf appear venerable or amiable; yet this third
branch muft not be omitted, fince it is by means of a
proper felf-culture that we muft be prepared for any
honourable fervices to God or mankind ; and with
this reference they are exceedingly amiable.

In purfuit of this laft divifion, we firft explain the
duties of Piety, both to Ihew their true nature, and
their importance toward our happinefs ; next we con-
fider our duties toward our fellows; and laftly that
felf-culture which is fubfervient to Piety and Huma-
nity.

E 2

6i

P

CHAP. IV.
Our Duties toward God

lETY confins in thefe two elTential parts, firft in
^ juft opinions and fentiments concerning God^
and then in affeaions and worOiip fuited to them.

The juft opinions concerning God are taught in na-
tural Theology or Metaphyficlcs : to wit, that the
Deity is the original independent Being, compleat m
all pofllble perfeaion, of boundlefs power, wifdom and
goodnefs, the Creator, Contriver and governor of this
world, and the inexhauftible fource of all Good. We
take thefe principles as granted in treating of Morals,
and inquire what afFedions of foul, what worfhip in-
ternal or external is fuited to them.

The inward fenfe of the heart mnft (hew at once,
that this preeminence and infinite grandeur of the o-
riginal caufe of all, ought to be entertained with the
hipheft admiration and praife and fubmiffive venera-
tion of foul : and fmce there's no def.re more becom-
ing the rational nature than that of knowledge, and
of difcovering the natures and caufes of the greateit
fubiefts no occupation of the mind can be more ho-
nourable, or even delightful, than ftudying to know
the divine perfcflions : nor indeed without afcending
to the knowledge of the fupreme Excellency can thefe
honourable intelkaual powers we are endued with
find a proper objeft fully to exercife and fatisfy them.
11 As to the moral Attributes of God : that ori-
ginal" and moft gracious Power which by its boundlefs

Ch, 4. Duties toward God. ' 69

Force, Goodnefs, and Wifdom has formed thisUni-
verfe, granting to each being its proper nature, powd-
ers, fenfes, appetites, or reafon, and even moral excel-
lencies; and with a liberal hand lupplying each one
with all things conducive to fuch pleafure and bappi*
nefs as thcirnatures can receive; this Power, I fay,
fliould be acknowledged with the mofl: grateful affec-
tions, with generous love, and thehighefl praifes and
thankfgiving ; and with a joyful hope and confidence,
purified from all vanity, pride, or arrogance, fince we
are fuch dependent creatures, who owe to it all we
enjoy.

If we more fully confider the divine Goodnefs and
moral Perfedlion ; that the Deity muft delight in all
virtue and goodnefs ; that he mufl approve and love
all good men : this will fuggeft to all fuch flill more
joyful hopes, with an higher and more delightful con-
fidence and truft, and more ardent love of virtue
and of the Deity. Hence v/ill arif^ a ftable fecurity
and tranquillity of the foul, which can commit itfelf
iind all its concerns to the divine Providence, Hence
alfo a conflant endeavour to imitate the Deity, and
cultivate in ourfelves all fuch affedions as make us re-
Jemble him ; with a fteddy purpofe of exerting all our
powers in ading well that part which God and na-
ture has affigned us, whether in profperity or adver*-
fity.

Such contemplations of the venerable and adorable
Excellency and gratuitous Goodnefs of God, whom
every good man regards as the witnefs and approver
of his adions, will lead us to an ultimate refling in vir-
tue: that higheft purity of it, by which we look up-
on conformity to the divine Will, the difcharging the

E 3

70 Duties to^jjard God, Book I.

duty afTigned us by him, and performing our part well,
as the chief good, the chief fruit of virtue. Kor with-
out this knowledge of the Deity, and thefe afFeaions,
can a good benevolent heart find any fure ground of
hope and fecurity, either as to itfelf or the deareil
objefts of its aifedion, or as to the whole ftate of the
univerfe. Nor can the virtuous mind, which extends
its afFeaionate concerns to all mankind, or the love of
moral excellence itfelf, ever be fatisfied and at red:,
nnlefs it be alTured that there's fome excellent Being
complete in every perfection, in the knowledge and
love of which, with a profped of being beloved by it,
it can fully acquiefce, and commit itfelf and the deareft
objeas of its cares^ and the whole of mankind to his
gracious providence with tuil fecurity.

And altho' there's none of human race who are not
involved in manifold weaknefles and diforders of foul,
none who upon refleaion won't find themfelves in-^
tangled in many errors and mifapprehenfions about
matters of the greateft importance to the true happi-
nefs of life; and in the guilt of manifold crimes com-
mitted againft God and our fellov;-creatures ; on ac-
count of which they may juftly dread the divine juiHce,
and apprehend fome impendent punifhments ; yet fuch
is the divine goodnefs and clemency; with fuch long-
fuffering and mercy has he continued for many ages to
exercife his gracious providence about weak corrup-
ted mortals, that fuch as fincerely love him, and de-
fire, as flir as human weaknefs can go, to ferve him
with duty and gratitude, need not entirely lofe hopes
of his favour. Nay they have fome probable ground
to expea, that God will be found propitious and pla-
cable to fuch as repent of their fins and are exerting

^Ch. 4« Duties fonvard God. 71

their utmofl: endeavours in the purfuits of virtue ; and
that his infinite wifdom and goodnefs will find out fome
method of exercifmg his mercy toward a guilty world,
fo as not to impair the authority of his laws and the
fanaity of his moral adminiftration, tho' human wif-
dom (hould never particularly difcover it. And further,
what is fufficient for our purpofe in the prefent que(ti-
on can admit of no debate; that the perfedti on of vir-
tue, muftconftitute our fupreme felicity; and that the
ardent defires, and fmcere efforts to attain it, cannot
fail of a moft important effe^, either in obtaining com»
pleat felicity, or at lead fome lower degree of it, or a
great alleviation ofmifery.

The fubhraer powers of the fou! of their own na-
ture lead us to the Deity: as they are derived from
him, they powerfully draw us back to him again. Our
high powers of reafon, our benevolent affedions of the
more extenfive kinds, and our natural fenfe and love
of moral excellence, have all this natural tendency.
By thefe bonds all rational beings are as it were con-
nefled with and affixed to the Deity, if they have any
care to cultivate thefe higher powers. Nor is the
fpring of this divine love the mere profpedt of our
own felicity to be found in him : for from our natural
fenfe and approbation of moral excellence, wherefoe-
ver it is difcovered, there muft arife a difmterefted love
and veneration, detached from all confiderations of
our, own interefts.

And further fince all the more lively affections of
the foul naturally difplay themfelves in fome natural ex-
prelTions, and by this exercife are further ilrengthened ;
the good man muft naturally incline to employ him-
fclf frequently and at ftated times in fome ads of de-

E 4

72 Duties tonvard God. Book I.

votion, contemplating and adoring the divine excellen-
cys ; giving thanks for his goodnefs ; humbly implor-
ing the pardon of his tranrgrefLons; exprefling his
fuhmidion . refignation, and trufl: in God's Providence •
and imploring his aid in the acquifition of virtue, and
in reforming his temper, that he may be furnifhed for
every good work* For the frequent meditation upon
the fupreme and perfed model of all goodnefs muft
powerfully kindle an ardent defire of the fame in every
ingenuous heart.

But here we mufl: avoid any imaginations that our
piety or worfiiipcan be of any advantage to the Dei-
ty, or that he requires it of us, for any intereft of his
own. 'Tis rather our own intered that is promoted by
it, and 'tis for our fakes that God enjoins it ; that we
rnay obtain the trued felicity, and excellence, and the
pureR joys. By entertaining thefe fentiments concern"
ing the worfhip of God, we fiiali be fecured from both
the extremes, oVimpiety on one hand, which confifts
in a negied and contempt of all religipus worfhip; and
fiiperflition on the other, which is an abjecT: dread of
a cruel or capriciousDaemon men form to themfelvesj
Vvhich they conceive appeafable by favage or fantaf*
tick rites.

III. Hitherto we have treated of internal wor--
fhip. But our nature fcarcely relifhes any thing in fo-
Jitude ; all our affedlions naturally difcover themfelves
before others, and Infeft them as with a contagion.
This fhews that God is not only to be worfhipped in
fecret, but in publick; which alfo tends to increafe
our own devotion, and to raife like fentiments in
pthers, and makes them thus partakers of this fublime
ppjoyment, This focial worlhip is not only the natu-

Gh. 4. Duties toivard Go d. 73

ral refult of inward piety, but is alfo recommenJed by
the many advantages redounding from it ; as it has a
great influence in promoting a general piety : and from
a general fenfe of religion prevailing in a fociety all its
members are powerfully excited to a faithful difcharge
of every duty of life, and reftrained from all injury or
wickednefs. And hence it is that mankind have always
been perfuaded, that religion was of the highefl con-
fequence to engage men to all focial duties, and to
preferve fociety in peace and fafety.

The external worfliip muft be the natural expreffi-
ons of the internal devotion of the foul; and muft
therefore confift in celebrating thepraifes of God, and
difplayinghis perfedlions toothers; in thankfgivings,
and expreflions of our truft in him; in acknowledg-
ing his power, his univerfal Providence andgoodnefs,
by prayers for what we need ; in confeffing our fins,
and imploring his mercy; and finally in committing
ourfelves entirely to his condudt, government, and
correction, with an abfolute refignation.

Where fuch devout fentiments are cherifhed, and
affections fuitable to them, there mufl: be kindled an
ardent defire of inquiring into all indications of the
Divine will. And whatever difcoveries we find made
pf it, whether in the very order of nature, or by any
fupernatural means, which fomc of the wifeft of the
Heathens feem to have expeded, the good man wili
i^mbrace them with joy.

fA Our Duties Book I.

CHAP. V.
Our Duties toward Mankind.

THE duties to be performed toward others are
in like manner pointed out to us by our na-
tural fenfe of right and wrong; and we have many na-
tural affeaions exciting us to them. There are many
forts of kind affeaions in the feveral relations of life,
^hich are plainly implanted by nature. Thus nature
has implanted in the twofexes a ftrong mutual affedti-
on, which has a wonderful power, and has in view
not fo much the low gratification common to us with
brutes, as a friendly fociety for life, founded upon
that endearment which arifes from a mutual good opi-
nion of each others moral chara^crs, of which even
beauty of form gives fome evidence. There's alfo im-
planted a ftrong defire of offspring, and a very tender
peculiar affedion toward them. In confequence of
this, there are alfo natural affeaions among brothers,
fillers, coufins, and remoter kindred, and even fuch as
are allied by marriages.

But there are ftill more fubtile focial bonds. Good
men who know each other have a natural affection not
unlike that among kinfmen. 2. Men are ftill further
bound by an intercourfe of mutual offices. 3 . But be-
nevolent affeclions ftill fpread further, among acquain-
tance and neighbours, where there's any meafure even
of the commoneft virtues. 4. Nay they diffufe them-
felves even to all our Countrymen, members of the
fame polity, when multitudes are once united in a po-
litical body for their comm.on intereft. 5. And in men

Cli. 5. tcnmrd our Fellows. 75

of refledion there's a more extenfive good-will embra-
cing all mankind, or all Intelligent natures. 6. Along
with thefe, there's a tender com pafTion toward any that
are in diflrefs, with a defirc of fnccourlng them ; and
a natural congratulation with the profperous, unlefs
there has interveened fome caufe of averfion or en-
mity.

Thefekmd affedlions are immediately approved for
themfelves : every one feels a complacence in them,
and applauds himfelf in indulging them as fome way
fuited to his nature: but the contrary afteftions which
are occafionally incident to men, fuch as anger, hatred,
envy, revenge, and malice, are of themfelves uneafy;
nor can any one applaud himfelf in remembring them,
or approve like paflions in others : they are often mat-
ter of fhame and remorfe ; and even when they feem
juflifiable and necefTary, yet they contain nothing joy-
ful, nothing glorious.

II. We have abundantly (liewn how much thefe
kind affections with the fui table virtuous offices contri-
bute to our happinefs. All men who have not quite
divefled themfelves of humanity, and taken up the
temper of favage bcafls, muft feel that without mutual
love, good-will and kind oHices, we can enjoy no hap-
pinefs : and that folitude, even in the greatcft affluence
of external things, muft be miferable. We alfo (hew-
ed that the calm, fteddy affe6iions were more honour-
able than the turbulent. But we muft ftill remember,
that mere kind affedlion without action, or ilothful
wifhes will never make us happy. Our chief joy con-
fiils in the exerclfe of our more honourable powers ;
and when kind afFedions are tolerably lively they muft
be the fpring of vigorous efforts to do good.

^6 Our Duties Book L

This therefore is the fum of all focial virtues, that
with an extenfive affedion toward all, we exert our
powers vigoroufly for the common intereft, and at the
fame time cherifh all the tender affedions in the feve-
ral narrower relations, which contribute toward the
profperity of individuals, as far as the common inte-
refl: will allow it.

III. But as there are very few who have either a-
bilities or opportunities of doing any thing which can
diredly and immediately affedt the intereils of all; and
yet every one almoft can contribute fomething toward
the advantage of his kinfmen, his friends or his neigh-
bours, and by fo doing plainly promotes the general
good ; 'tis plainly our duty to employ ourfelves in
thefe lefs extenfive offices, while they obftrudl no in-
tereft more extenfive, and we have no opportunities of
more important fervices. In doing fo we follow nature
and God its author, who by thefe ftronger bonds has
made fome of mankind much dearer to us than others,
and recommended them more peculiarly to our care.

We muft not therefor, from any airy views of more
heroic extenfive offices, check or weaken the tender
natural affi^dions, which are great fources of pleafure
in life, and of the greateft neceffity. Nay 'tis our du-
ty rather to cherifh and encreafe them, in proportion
to their importance to the common intereft. But at
the fame time we fliould chiefly fortify the mod exten-
five affedions, the love of moral excellence, and the
fleddypurpofe of conformity to the divine will. While
thefe nobler affisdions have the con troll of all the reft,
the ftrengthning the tender afFedlions in the feveral
narrower attachments of life will rather tend to com-
pleat the beauty of a moral charader, and the harmo-

Ch. y, toward our Fellows. 77

ny of life. The intereft too of each individual /hould
lead him to this cultivation of all kind affedlions ;
fince, as we (hall prcfently fliew, fo are we formed by
nature that no man in folitude, without the aids of o-
thers and an intercourfe of mutual offices, can preferve
himfelf in fafety or even in life, not to fpeak of any
pleafure or happinefs. Now 'tis plain, that 'tis only
by kind offices and beneficence that we can procure
the good-v/ill of others, or engage their zeal to pro-
mote our interefls : whereas by contrary difpofitions,
by a fordid felfifhnefs, and much more by violence and
injuries, we incur the hatred of others ; wrath and dif-
cord mufl: arife, and we muft live in perpetual dread
of the evils which the refentments of others may occa-
fion to us. Nay further from fuch condud there na-
turally arife in our own minds all the fullen, uneafy
paflions of fufpicion, jealoufy, and too well grounded
fears : fince not only the perfons immediately injured,
but all others who have any regard to the common in-
terefl, are roufed by a jufl indignation to rcpell and re-
venge any injuries attempted againft their neighbours.
Nor fhould we omit fome other wonderful contri-
vances in nature to preferve a focial life among men
and avert injuries. What a manifefl: acceflion of beau-
ty is made to the countenance from friendly mirth,
and cheerfulnefs, and an affedionate fympathy and con-
gratulation with others ? How much grace arifes from
a refolute confcioi-s virtue, and the inward applaufes
of a good heart ? What charms in the countenance,
what gentle f^anies fparkle in the eyes of a friend, or of
one who is fall of gratitude for any kin dnefs received.
On the other hand, when an injury is received or ap-
prehended, and there's hope of avenging and repelling

^g, Our Duties Book I.

it in what ftornis of countenance does refentment dif-
cover itfelf, and what wrathful flames flafh from the
eyes ? But when there's no hopes of repelling the inju-
ries intended, with what powerful eloquence has na-
ture inftru6ted even the dumb animals, as well as man-
kind, under any opprefllve forrow or pain , or any great
terror ? How moving is that mournful wailing voice,
thatdejcded countenance, weeping and downcafteyes,
llghs, tears, groans ? How powerfully do they move
compaffion in all, that they may either give fuccour
in diftrefs, or defift from the intended injuries ?

IV.. In this place we muft not pafs by the virtue
oiFriendJlnpy which is fo lovely and fo ufeful in life.
To alledge that this ardent afFedlion of fuch admirable
force, arifes merely from a fenfe of our own weak-
Bcfs and indigence, that fo what one cannot obtain
by his own power, he may by the aids of others ; is
afcribing to it a mean and defpicable original, and a
very unliable foundation : fince at this rate any change
of intereft, fo that we apprehended trouble or incon-
venience by ourfriendlynefs, muil at once deftroy all
afFeaion or good-will: nay indeed there could be no
real love, but a mere hypocritical profelTion of it, from
fuch views of intereft.

The true fpring of friendlhip therefor muft be that
natural approbation and love of moral excellence al-
ready mentioned. For whenfoever virtue appears in
the manners of thofe with v/hom we are acquainted,
there muft arife immediately^ without views of intereft,
an high efteem and love toward them. For the Good,
as a fort of kindred fouls naturally love and defire the
fociety of each other. This love when it is ftrengthened
by feeing each others friendly zeal, and by an inter-

Cli. 5 . toward our Fellows. j^

courfe of mutual fervices, becomes at lafl: as flrong as
any tycs of blood; fo that vvc have the {ame ultimate con-
cern about our friends that we have about ourfelves.

But as vitious men are naturally inconftant and va-
riabie, with fuch oppofite pafTions as hinder them
from either pleaGng themfclvcs long, or being agree-
able to others; ftable friendfhip is only to be found
among the Good : fince it muft both be produced and
preferved by virtue. And hence flows the grand rule
of friendfhip, that we neither ought to defire our
friends concurrence In any thing vitious^ nor concurr
in it at his requeft ; leaft we undermine its only foun-
dation. Friendship therefor is ^' the afFedlionate union
*^ of minds reiembling each other in virtuous man-
*^ ners." Which whofoever enjoys, will find it the
mofl: agreeable companion in the road to virtue and
happinefs. What can be fweeter, what more ufeful than
to have a wife worthy friend with whom we may con-
verfe as freely as with our own foul : what enjoyment
could we have of profperity without the fociety ofone
who as much rejoices in it as we do ourfelves ? and for
adverfity, 'tis hard to bear it without the fociety of
fuch as perhaps fuffer more by fympathy than we do.
In both fortunes we need exceedingly the wifecounfei
of friends : friendfhip which ever way we turn us will
beaprefent aid; no Itation excludes it; 'tis never un-
feafonabie or troublefome. 'Tis the chief ornament of
profperity, and exceedingly alleviates our adverfities
by bearing a fhare in them.

V. We may further obferve in relation to the kind
afFeL^ions, that tho' the mod extenfive good-will to-
ward all can never be too great, nor can our love of
God and virtue admit of any excefs; yet all the more

go Our Dv TIES Book I.

contraaed affedlions, arifing either from the tyes of
blood, or acquaintance, however lovely of themfelves,

may fometimes be cxccflive, and beyond that propor-
tion which a good man would approve. Love is of-
ten divided into that onenevoknce or good-wiil, and
that of camp/acence or efteem, by which we are plea.-
ed with thetempers of others and defire their fociety.
In the former branch there's lefs danger of exceeding
the jnft bounds, provided we retain a juft fubmifnon
to, and truft in the divine Providence, and preferve
the more extenfive affedions in their proper fupeno-
rity, fo as not to facrifice the intereft of our country,
or of the larger focieties, or of perfons of fuperiour
worth, to that of our friends, or favourites. But the
love of complacence which comes nearer to friendftnp,
{lands on more ilippery ground. We ought to be very
cautious that this affcftion be not employed about un-
worthy objeas; or alUire us to any thing villous; nor
fo engrofs the whole man, that if thefe beloved per-
fons be removed from us, or be involved in any cala-
mities, our fouls (hould fink entirely, and become un-
fit for all offices of piety and humanity. The bed pre-
ventive of thefe evils, is not a reftraining and check-
ing all the tender affeaions of a narrower kmd ; but
rather the cultivating the high^ love and venerati-
on toward the Deity, placing our hope and confidence
in his Providence ; and enlarging our views and con-
cerns with more equitable minds toward the reft of
mankind, that we may alfo difcern what real excel-
lencies are among them, perhaps equalling or furpa!-
fing thofe we had with Rich fond admiration beheld in
our peculiar favourites.

St

C H A P. VI,

Concerning our Duties toward ourselveS;,
and the Improvement of the M i n d»

AS powerful motives of private interefl: naturally
excite lis to our fevcral Duties toward ourfcivesj
to give them fomething venerable and laudable they
muft be ultimately referred either to the fervice of God^
or fome advantages to be procured to others. With
this reference they become highly virtuous and ho-
nourable.

The culture of our minds principally confifts in for-*
ming juH: opinions about our duty ; and in procuring a
large ftore of valuable knowledge about the moil im-
portant fubjeds : as indeed all branches of knowledge
have fome ufe, and contribute in fome meafure to hap-
pinefs^ either by the immediate pleafure,orby difcover-
jng more fully to us the divineperfedions, or enabling
us better to know and difcharge our Duty; fmce the
affeclions ofthev/ill naturally follow thejudgmcntsfor-
med by the undcrlbnding. All therefor who have a-
bilities and proper opportunities, ought to apply them-
jTelves to improve their minds with an extenfive know-
ledge of nature in the fciences; and 'tis the duty of all
to acquire by diligent meditation and obfervation that
cornmon prudence which fhould conftantly govern our
lives. We ought therefor to make juO: eftimates of all
things whici) naturally raife our deiires, confider tho-
roughly their importance to happinefs, and lind out
wherein confiih our fupreme good; the difcovcry of

F

g^ Our Duties Book T.

which muftalfodifcoverthetrueplan of life. Wefiiould
therefore deeply imprefs this on our minds, that our
chief good is placed in devout affedions toward God,
and good-will and beneficence toward mankind.

The divine nature therefor and its boundlefs ex-
cellencies (hould be matter of our mod careful inqui-
ry ; efpecially thofe attributes which excite our pious
veneration, love, and truft in him. And we are to ex-
tirpate all imaginations or fufpicions, of any purpofes
in God which are inconfident with the perfedion of
wifdom, goodnefs, and love to his creatures.

We ought alfo carefully to ftudy our own nature and
conititution ; what fort of beings God requires we
fhouldbe; what charader ^ either more general, or
more pecuhar to each one, God requires he (hould
fupport and aft up to in life: that thus we may fol-
low God and nature as the fure guide to happinefs.

We ought therefor to enter deeply into human na-
ture ; obferving both in ourfelves and others the true
principles of aaion, thetrue tempers and defigns: left
we raftily form worfe notions of our fellows than juft
reafon would fugged. By a thorough view of thefe
things, we (hould often prevent or fupprefs many of the
har(her and ill-natured pafllons, anger, hatred, and en-
vy; and cheriih humanity, compa(rion, lenity, for-

givenefs and clemency.

II. This (hould alfo continually be in our thoughts,

that all things fall out according to the divine counfel^

* See a full explication of thefe charaaers, \^tgenera\\x\-
Gludin<r all integrity and probity of manners, and the ^arlU
c/J^r, fulted to each one's genius, explained in Cucro dc Offic.
B; i. 30, 3 I. 32,^^-

Ch. 6. toni^ard Ourselves. SJ

either direaly ordering them, or at lead, permitting
them with the mod perfedl purity, for fome excel-
lent purpofes : and that confequently what appears to
us harih, injurious, or ignominious, may be defigned
to afFord occafion for exercifing and ftrengthening the
moft divine virtues of the Good ; and in them confifts
their chief felicity.

The foul fhould be inured to a generous contempt
of other things ; and this we may acquire by looking
thoroughly into them : by obferving how mean, for-
did, fading, and tranGtory are all bodily pleafures, all
the objeas that afFord them, and our very bodies them-
felves ! by obferving how fmall thefe joys are and how
little neceffary, which arife from the external elegance
and grandeur of life; andhowuncertain they are; what
cares they coft in acquiring and preferving ; and hov/
foontheycloyandgivedifguft! as to fpeculative know-
ledge ; how uncertain and imperfed are many fciences,
leading the embarafTed mind into new obfcurities and
difficulties and anxious darknefs ; and difcovering no-
thing more clearly than the blindr.efs and darknefs, or
the frnall penetration of our underftanding. Again how
poor an affair is glory and applaufe ! which is ordina-
rily conferred by the ignorant, who cannot judge of
real excellence ; our enjoyment of which is confined
within the (hort fpace of this life ; which can be diffufed
through but a fmall part of this earth ; and which muft
foon be fwallowed up in eternal oblivion along with all
the remembrance either of thefe who applaud or of
the perfons applauded. This thought too of the fhort-
nefs of life, will equally enable the foul to bear or de-
fpife adverfity ; taking this alfo along, that the foul
who bearsit well; willobtain new andenlargedftrength;

F 2

84 ^^^ Duties Book I.

and like a lively fire, which turns every thing caft up-
on it Into its own nature, and breaks forth Tuperiour
with Wronger heat, fo may the good man make adverfe
events matter of new honour and of nobler virtues.
To fum up all briefly, all things related to this mor-
tal flateare fleeting, unftable, corruptible ; which mufl
fpeediiy perifh, and be prefently fwallowed up in that
boundlefs ocean of eternity. For what can be called
lafling in human life ? Days, months, and years are
continually pafTing away ; all mud die, nor is any fure
that death (liall not furprife him this very day : and
when that laft hour overtakes him, all that's pad is
loft for ever ; nor can there remain to him any enjoy-
ment, except of what he has afled virtuoufly ; which
may yield fome joyful hope of an happy immortality.
This hope alone can be the foundation of true forti-
tude ; this profpedt alone can fully fatisfy the mind as
to the juftice and benignity of the divine adminiftra-
tion.

But as In other arts, the mere knowledge of the
precepts is of little confequence, nor can any thing
laudable be obtained without practice and excrcife ; fo
in moral philofophy, which is the art of living well,
the importance of the matter requires habit and conti-
nual exercife. Let our Reafon therefor, and the other
divine parts in our conflitution, afTume to thertifelves
their juft right of commanding the inferiour faculties,
and enure them to a conftant fubjcdion. And this in
our prefent degenerate ftate muft require almoft con-
tinual attention and internal difciphne ; to the fuccefs
of which it will contribute much that we be frequent-
ly employed in the offices of Piety and Devotion to-
ward God; in adoration of his perfedions, prayers^

Ch, 6. to^^ard Ourselves. Sc

confeflion of fin^ and pious dcfires, and vows of obe-
dience.

111. To apprehend more fully the nature of virtue
and vice, and to adorn the foul with every moral ex-
cellency, it may be of ufc to run over the fcveral fpe-
cies of virtue, with their chara^erifticks, and eftablilh-
ed names ; and obferve the feveral oppofite vices, whe-
ther in the excefs or Mt^i of fome natural defire. The
explication of the feveral PafFions belongs to another
branch of Philofophy. To count them all over, and
mark their feveral degrees whctherlaudable or cenfur-
able, with their feveral figns or charaders, would re-
quire a very long difcourfe, with great variety of mat-
ter: but what's of mod importance to lead us to vir-
tue, is the forming juft cftimates of all human affairs,
allthcobjeds of the natural defires; and by frequent

meditationdceply infixing in ourhearts juft impreflions
of their values, and habituating the fuperior parts of
the foul to a conftant command over the inferior.

This however muft be remembered concerning our
natural defires and paffions, that none of them can be
pronounced abfolutely evil in kind : none of them
which may not fometimes be of great ufe in life, either
to theperfon in whom they refidc,or to others of man,-
kind : in promoting either their Advantage, pieafure,

or even their virtue. Superior orders of intelligence who
have the fuperior powers more vigorous, may perhaps
ftand in no need of fuch violent motions or inftigatir
ons ; but to mankind they fecm often necefTary. And
there is a moderate degree of each of them which is
often advantageous, and often laudable. Such affec-
tions as don't come up to this moderate degree are not
fufficient for the purppfes either of the individual, or

F 3

g^ Our Duties Book T.

tbofe of fociety ; and fuch as are too luxuriant and
vehement, whether in purfjit of good or repelling of
evil, and pafs over the proper bounds, become unea-
fy and diaionourabie to the perfon in whom they are,
and are hurtful or pernicious to Society. The mode-
rate degrees of feveral pafTions we julUy deem not on-
ly inno'cent, but exceedingly fubfervient to virtue, as
its guards or minilters; nay as the fprings of many
honourable adions, and as real virtues. By means of
thefe better pafTions whether in purfuit of good or warr
ding ofFof evil, we enjoy a more lively fenfe of life,
th.> force of the foul is enlarged, and its adivity invi^
goratcd: whence Plato calls thefe pafiions the ^ings
or chariot'horfes of the foul.

>^^ature his given us the cleared: indications of what
flie requires in this matter. For while thefe palTions
are kept moderate under juft government, and direc-
ted by reafon, the whole deportment is graceful and
lovely. But when we are hurried away by any furious
Unbridled pafTion, we are utterly incapable of exercifmg
our reafon, or finding out what i3 wife and becoming
us; we quite mifs the very aim of the pafTion itfelf,
and our whole deportment is difagreeable and defor-
med. Obferve the very countenances of perfons enra-
oed, or of fuch as aretranfported with any ardent en-
flamed defire, or diftrac^ed with terror, or fluttering
with )oy. Their whole air, the whole ftate and moti-
on of the body becomes deformed and unnatural.

We therefor give the honourable titles oi virtues
to thefe moderate paffions, equally confined from the
two extremes; and call the extremes vices. But we
have not appropriated names for the moderate and jult
degrees of fcvcral paflions ; and hence fome have rafh-

Ch. 6. toimrd Ourselves. 87

ly imagined, that fome of our natural paffions are whol-
ly and abfolutely evil. And yet 'tis plain that there are
alfo certain moderate degrees of thefc pafTions both in-
nocent and necefTary.

To illnftrate all this by examples. A moderate de-
fire oi felf'prefervatmi is both ncceiFary and eafy.
Where this is awanting, men fhew a defperate audaci-
ous difpofition without any caution-. This temper is
generally reftlefs, turbulent, and deftrudive both to
the perfon himfelf and to the fociety he lives in. Where
this care of felf-prefervation is exceffive, it appears ia
Timidity and cowardice; difpofitions quite ufelefs to
the publick, and tormenting to the perfon, expofing
him to all injuries and affronts,

A moderate relifh iox fenfual pleafnres is ufeful, nay
necelTary. An entire infenfibility would deprive one
of a great deal of innocent pleafure ; but feldom meet^
we with any thing wrong on this fide. Where the tafte
is too high, which we call luxury or intemperance,
it generally excludes all the more manly enjoyments,
neither confulting reputation nor honour; nor even
health or fortune, or the prefervation of life. This
turn of mind too muft frequently expofe a man to con-
tinual chagrin and uneafmefs.

About our eflates or imrldly goods two virtues are
employed, /rz/^^///)', which confirts In a wife manage-
ment of them for honourable purpofes, and liberality ^
•which excites ns to adls of kindnefs to others. The
former is abfolutely necefTary to the exercife of the lat-
ter : both are pleafant, advantageous^ and honourable :
the former more peculiarly fubfervient to our advan-
tage, and the latter to our honour. The excefs of fru-
gality and defed of liberality is avarice^ which is a-

F 4

88 Our Duties Book I.

niong the mofl: clefonDcd and mod uneafy vices, pur-
filing (lores quite unneceiTary, and which it never in-
t^znds to ufe ; {lores that mud be obtained with much
toil and uneiifinefs, and need rather more to preferve
them. The defe(^t ofrnioahty and excefs of liberali-
ty is prodigality y deftrudlive to our fortunes, little fub-
fcrvient to the pleafure or fafety of life, or even to
fome, which it feems chiefly to have in view.

The higheft pitch of liberality is called magnificence y
where great expcnces are wii'ely employed for fonie
honourable p-jrpofjs. Thedefsd of this is ieen in an
aifcdation or fliew of m-a,onificence with an unwilling
narrow heart. The excefs is fometimes feen in the in-
elegant boundlefs profufion of perfons who have no
juil notion of decency and elegance.

The higliefl: pitch of fortitude is in like manner cal-
led magnannnity ; or an elevation and firnmefs of foul,
which no circumflances of fortune can move, aiming
foiely at moral excellence in all its conducfl. The ex-
treme in excefs often appears in a defperate audacious
ambition, flopping at no dangers. Such a temper mud
be dangerous and uneafy to the poffeffor, and inconfi^
flent with his fafety, as well as that of others ; as alfo
dellru61ive of the liberty and dignity of all around. The
other extreme is puflllanimity or cowardice, rendering
a man ufelefs and miferable.

The like holds as to the defire of ponver and pro-
^notion in the world: a moderate degree is ufeful and
fits eafy on a good man: when it grows exce[?;vc,
'tis both uneafy and redlefs, and very vitious,and dan-
gerous to iifelf and all around. Where it is too faint and
weak even when jufl: occafions offer, men abandon the
yrqper ftation or opportunities of virtue and honour.

Ch. 6. toivard Ourselves. 89

So alfo a moderate defire of fame is manlfeftly of
great ufe, If we have yet higher defires of virtue. The
excefs of this defire is rcfrL-fs and uneafy, and often de-
files and debafes the true beauty of virtuous adions.
Where men v/ant thisdciire, or have it very languid,
they want a very potent incitement to all virtuous of-
fices.

Nor can all anger or refentment be condemned, al-
tho' there's Uttlc lovely In any degree of it. An entire
infenfibility of all injuries, of which there are but few
inltances, would be a very inconvenient difpofition;
expofing a man to the contumelies and petulance of
others ; nor well confident with his own chnrader, or
the fafety of fuch as he is bound to protetfl:. Exceffivc
anger on the other hand is a mod tormenting paffion,
and often deftrudive to the perfon in whom it is found;
nor is there any paffion more dangerous to fociety.

There's a certain juft ii^dfgnationj becoming a good
man, when the worthlefs are promoted to power or
dignity. One void of fuch fentiments would be too
little folicitous about the interells either of his friends
or his country. But where this pafiion is exceffive, or
rifes without juft caufe (which we call envy^ the com-
mon fpring of inveterate malice) it is the moil: deftruc-
tive poifon to the foul, tormenting to the bread where
it refides, and extremely vitious, leading into themoft
horrid crimes.

This is to be obferved of all the unkind paflions
which partake of anger, that they (hould be indulged
no further than is plainly neceffary for our own pre-
fervation or that of our friends and country. If we
could v/ithout thefe paflions enfure their fafety, there
would be nothing defireable or laudable in them : nay

4^0^ Our Duties Book T.

on the other hand, nothing is more lovely than leni-
ty, mercy, placability and clemency.

Among the virtues of focial converfation, thefirft
and chief is veracity and candour, of which we (hall
treat more fiilly in * another place. The oppofite vices
are all as it were defers : lyes, deceit, fraud, crafty
hypocrify and diffimulation.

In the fame clafs are fome other virtues tending to
give pleafure to and oblige all we converfe with ; fuch
as courtefy^ good-manners^ complaifance,fweetnefs,plea'
fantryy wit: all which are laudable and graceful, and
promote friendlincfs and good-will in focicty. There
are oppofite vices on both hands: on the one, ^fei-vile
faixjningy and flattery, and fcurrility ; having no other
view than infinuatingby any fort of pleafure into the
favour of thofe it makes court to, and ftooping into
the moft ungentlemanly or obfcene jefts : on the other,
a troublefome, unmannerly rufticity and roughnefs,
(hewing no refpe^t or deference to company, but plea-
fing itfelf with a (hew of liberty and boldnefs. 'Tis
needlefs to dwell upon the inconveniences arifing from
thefe vices, as they are always mean and indecent, and
often lead to the greatefl: mifchiefs. The true prefer-
vative againftboth extremes is firft to take care to at-
tain a truly virtuous temper ; and then, to maintain both
a real good-will and a refped for thofe with whom we
live in fociety.

As to viodefly and hajhfulnefs^ 'tis worth our notice
that this paflion plainly arifes from a lively fenfe and
folicitude about what is decent and honourable, and
hence gives in our youth hopeful prognofticks of a fine

* Book ii. c. 10.

Ch. 6. /^-zu^r^ Ours E L VES. 9t

genius, well formed by naturefor every thing virtuous.
But where it is exceffive in maturer years it often re-
tardsorwithholdsmenfromadlnganhonourablepart:
where this fenfe is very weak or wholly awanting,men
v^ant a powerful guardian to every virtue.

A more copious explication of all this fubje(5l may
be found in Ariftotle and his followers: we may how-
ever fugged: before we quit it, that fince fuch fatal
dangers threaten virtue as it were on both hands, we
fhould certainly apply the greateft care and attention
and felf-difcipiine, in governing our feveral pafTions,
in maintaining a lively and vigorous fenfe of moral ex-
cellence, and cultivating our nitional powers and the
nobler and more extenfive calm affedtions, whether
toward our own true interefts or thofe of mankind.

IV. There's alfo fome care to be taken of our
bodies. Strength and health is to be acquired or pre-
served chiefly by temperance and exercife ; that fo our
bodies may be enabled to obey the commands of the
foul, in enduring all toils we may incurr in difcharge
of our duty.

And fince men can do little fervice to fociety who
have not in their younger years been trained to fome
ufeful art or occupation : everyone (hould timeoufly
choofe fome one, fuited to his genius, lawful in its na-
ture, and of ufe to mankind. Nor ought fuch as are
born to eftates, who therefor need not for their own
fupport any lucrative profeflion, think themfelves ex-
empted from any fuch obligation. For it feems more
peculiarly incumbent on them, as Providence exempts
them from other cares, to contribute to the public in-
tereft, by acquiring a compleat knowledge of the rights
of mankind; of laws, and civil polity \ or at lead fuch

92 Our Duties^ i^c. Book I.

acquaintance with all the common bufinefs of mankind,
that they may be able either by fuperiour wifdom, or
by their intereft and influence, to ferve their country or
their neighbours ; and not be ufelefs loads of the
earth, ferving only to confume its producfts.

As to the feveral profefHons or occupations, we deem
ihem reputable on thefe two accounts, as they either
require a finer genius and greater wifdom, or as they
are of greater ufe in fociety. On both accounts the oc-
cupation of teaching others the grand principles of pie-
ty and virtue, or even the more ingenious arts, is re-
puted honourable ; fo are alfo the ProfefTions of law,
medicine, and war, and fome others of the more ele-
gant arts. The more exteniive merchandife, and even
fome mcchanick arts, are juftly reputable both on ac-
count of their gr^eat utility, and the confiderable abi-
lities of mind rcquiiite in them. Agriculture has been
the chief delight of the fineft fpirits, as no rijanner of
life is more innocent, none affording fweeter amufe-
ments, none more becoming a rational creature, or a
perfon of genteel tafte in life.

In the choice of our occupation or profeflion for
life, our chief regard fhould be to our natural genius.
But as our fuccefs in any occupation depends in the
firft place upon our genius, and next to it upon far
vourable circumilances of fortune, regard is to be had
to both, but chiefly to our natural genius : for nature
is a much furer and (teddier principle.

CHAP. VII.

"^ome Practical Considerations to excite and
prefirve the Stvdy <?/Virtue.

^XT'E need not now fpend many words in (hewing
▼ ^ the neceflity of purfuing virtue. For if we are
ufficiently perfuaded that in it confifls our chief fe-
icity, and that all other things are uncertain, weak,
adiog, and perifhing, nor fufficiently adapted to the
lignity of the rational nature, we muft deem it ne-
elTary to enter upon that courfe of life which our con-
:ience or inmoft fcnfe, as well as right reafon recom-
lends, as mod fuited to our nature, and which leads
3 the peculiar happjnefs of rational beings : by which
leans alfo we exercife and improve thefe powers which
re fupreme and moft God-like in our conftitution^
nd difcharge the office irapofed upon us by God and
ature.

With what other view has God given us fouls fo
ell fitted for the knowledge and pradice of fo many
irtucs? To what purpofe fo many noble powers,
ich furniture of foul for moft excellent arts and offi-
;s ; the powers of reafon and fpeech, the powers of
vcntion, thedefires of knowledge, an almoft bounds
fs retention and memory of things paft, a provident
gacity about futurity refembling divination, a {^nk
•what is honourable and fiiameful as the controller
our lower appetites ; fo many kind afFedions con-
Iting the good of others, a confcience or fenfe di-
nguifhing the right from the wrong, the honourable
rt from the vitious and bafe : along with a Hrength

Motives to Book L

94

and grandeur of mmd for enduring dangerous toils ?
To Ihat purpofe that penetration mto nature wh.ch
IXs evL to .he heavens, difcovers the De.ty pre-
Sng n the unWerfe, difcerns his infinite perfea.ons
nnd faifes us to the hopesofimmortahty after the dtf-

'^^rwettl'otaboutPhilofophers^whatnat.

on or clan is there where there has not ^l-ys p^^^^^^^^^

ed an unlverfal and firm perfuafion, that there s a

Deity, that he enjoins certain duties upon mankmd

Tp oints then, a certain moral chara^er they mu

Xintain ; and that their future ftate after death Jail

Thap y ormiferable according to their condud .r

this 3d. Thefe therefor are the dilates of nature

ferments adapted to our frame, and fupported by ob

liouTreafons/which continue coevaWuh mankmd

Xreas the credit of ill-founded fia.ons by lengtl

Tf tSe has always decayed, and at length van.(he,

''"M;taphyrKians fuggeftmany other arguments fc

the immor ality of the foul ; we only fuggej here, th.

as th^ingeniousand artificial ftruaure of the umver

Tffo d the ftrongeftarguments fortheex.ftenceof a

■ificial intelligence, the Creator and ruler of th.s mat

ral frame, fo arguments exadly parallel to the,, f.o

r ftruaure of'our fouls,(hew thatGod has alfo ar

gard to the moral qualities, the vrtues and vtce of

fional creatures; and thatheexerc.fes ajuft moral g

lernment over them, under which h^PP'-ff -'^

fecured at laft tothe virt«ous,andm.feryallo,tedto t

vl bus. And Gnce we fee that this does not hold u,

vevfal>yintheprefentftateofthisworld>.erny'

fonablyexpea another difplay or unfolding of the

Ch. 7. //;^ S T U D Y <?/^ V I R T U E. ^j

vine adminiftration in a future ftatc, in every refped:
v/orthy of God. This too is confirmed by the very na-
ture of the foul itfelf. For that wonderful life and ac--
tivity of our minds, that extenfive remembrance, that
fagacious forefight, thofe noble powers and virtues,
thofe ingenious arts and fcienccs and inventions, make
it incredible that fubftances containing fuch excellen-
cies can perifh along with thefe defpicable bodies.
iNow fuch profpedls of immortality mud fuggeft the
moft potent motives to all virtue, and the ftrongeft
diffuafives from vice.

II. And that we may with greater refolutlon en-
deavour to cultivate all virtue, let us have always at
hand thefe thoughts ; ( i .) That where there's an hear-
ty inclination to what is honourable and good, we fel-
dom want (length in execution, and have ground ta
bcpe for the divine affiftance. We even fee in the or-
dinary courfe of things, that by vigilance, adivity, and
wife deliberation, all matters generally fucceed profpc-
roufly: men daily increafe in ability; their fuperiour
powers acquire new ftrength and command over the
lower appetites; and what at firft appeared hard and
difficult, by cuftom is made eafy and even delightful.
'Xhe toil and trouble of any honourable offices will
foon be pad and gone, but the remembrance of them
will remain perpetual matter of joy.
^ (2.) But leaf!: the keen defires of the external advan-
tages, and the alluring pleafures of this life fhould abate
our virtuous purfuits ; we fhould frequently confider
with the deepeft attention what ftable and folid joys
and hopes accompany virtue : we ffiould confider alfo
l!ie nature of all worldly enjoyments, and obtain that
juft contempt of them we often mentioned ; and ever

o5 Motives to Book 1.

keepiri view the fiiortnefs of this Hfe, and that death
mud foon overtake us all. ^

(2 ■) And yet fince there's a certain meafure ot ex-
ternal pleafores and enjoyments natural and neceirary,
we muft have fome regard to them ; provided we tt. 1
remember that there are others much more important.
That we may not therefor feem obliged as it were to
declare war againft all the conveniences or pleafures ot
this life, let us run over the feveral virtues, and iee
how much each of them generally contributes to our
prefcnt profperity and pleafure.
^ Pr«L./ which reftrains the mconf.derate fooliOi
impulfes of the paffions, mutt be alike neceffary m e^
very courfe of life whatfoever, that we may effcaual-
ly purfue any end we propofe, and not blmded by lud
run headlong into the object of our arongeft aver-

'''""xhe feveral branches oi Juftke are of the greateft
confequence to maintain peace, to avoid offendmgand
provoking others, to obtain fafety, favour, reputatu^n,
credit, wealth, eKtenfive influence, and fnends, which
are the fareft defences againft all dangers m hfe. Thefe
virtues in their own nature preferve the fou eafy and
calm, and yield a joyful hope that we (hall a ways ob-
tain fuch things as are naturally neceffary and ddiraUe
On the other hand, where defigns of violence and m
iuftice poffefs the heart, as they are turbulent and un-
ify in their own nature, fo they devour thebrcad with
perpetual fufpicions, folicitudes, and fears, ^ecd we
fpefk of the ingheft branch of juftice. Piety towards
Cod ? this fecures to us the favour of the fopreraeGo-
vernorofthe world, the fovereign Arbiter of our for-
tunes, who will always provide for the virtuous, if not

Ch. 7* //5^ S T u D y <?/* Vi R T u E. 97

the things at prefent mod pleafurable, yet fuch as are
truly fitted for them, and mod advantageous and plea-
fant at laft. And from piety will arife the hope of im-
mortality which can always fupport the foul in every
circumdance of fortune.

The feveral parts oi Temperance^ as they faithfully
cherifh all other virtues, fo they tend to preferve and
improve our health, drength, and even the beauty and
grace of our perfons; as the tranquillity and inward
eafe of the foul diews itfelf in the countenance. And
frugality, a fparing fimple way of living, diligence, and
indudry, are plainly fubfervient to wealth and afflu-
ence : which luxury and intemperance tend to dedroy ;
as they alfo impair our health, drength, and beauty,
and expofe us to infamy and contempt ; dupifying the
nobler parts of the foul, and making all the lower ap-
petites outragious and intradlable.

Fortitude and all its parts are a fafeguard to our-
felves and our friends. Whereas by cowardice we not
only quit our dation of honour and virtue, but often
involve ourfelves in fuch dangers as we might eafily
have efcaped by fortitude and prefence of mind. The
perfon void of this virtue mud be in the power of
others to make him what they pleafe, by the threats of
evil; even to involve him in the mod impious and
bafed vices; which is a date of miferable fervitude.
If any good man is threatened with great dangers, or
expofed to them even on account of his virtues ; as
on fuch occafions he is entering on the mod difficult
combat, encountering with our mod capital adverfa-
ry, pain ; 'tis his bufinefs to roufe up all the forces of
fortitude and patience and refignation, to recoiled the
facred laws of thefe virtues, which prohibit any effe-

G

^g Motives/^ Book I.

minate weaknefs, prohibit our finking or lofing fpi-
rit, or crouching under this load. Let him think with
bimfelf, now he's ingaged in the moft honourable
combat, more glorious than the Olympicks; God
prefides the witnefs, judge, and rewarderv 'tis cow-
ardly and fooliOi when the prize is fo glorious, to
fpare a life that mull foon pcrifh however, and per-
liaps in a more tormenting manner, by the force of
fome difeafe; a life too that does not extinguifh the
foul, but fliall return to us again. 'Tis by fuch re-
prefentations made to ourfelves of the honourable
forms of virtue, fortitude, magnanimity, duty to God^
and patient refignation, that fuch pains are abated,
and the terrors of death in fome m^afure taken

^ W3.V

III. It was formerly obferved that 'tis from God
we have derived all our virtues. The Philofophers
therefor, as well as Divines, teach us to have recourfe
frequently to God by ardent prayers, that, while we
are exerting ourfelves vigorouQy, he would alfo adorn
us with thefe virtues, and fupply us with new ftrength.
They taught that no man ever attained true grandeur
of mind without fome infpiration from God. Need
we add, that the very contemplation of the divine
perfeaions, with that deep veneration which they ex-
cite, thankfgivings,praifes,confenions of our fins, and
prayers, not only increafe our devotion and piety, but
Lengthen all goodncfs of temper and integrity. We
ought therefor to have recourfe to the Deity in all dif-
ficulties, trufting in his aid, with firm purpofes of ac-
ting that part which is moft honourable ; and recall to
our thoughts, what virtues this emergence gives op-
portunity to exercifc; what furniture or armour has

Ch, 7* //5^ Stu DY ^ Virtue, 99

God and nature given us for encountering with fuch
dangers ? how joyful fhall the remembrance be of our
conquering fuch temptations, and difcharging our
duty well ? and how fhameful to be conquered by the
allurements 'of fome trifling pleafure, or the terrors
of a little pain, and thus debafe ourfelves by a viti-
ous and ignominious behaviour.

'Tis not our prefent purpofe to unfold at length
all the precepts and motives to virtue. They may be
found in the Greek and Roman Philofophers and mo-
dern authors : in perufing whom it may be proper to
coUedl and keep ready for our ufe all the more lively
and afFedling fentiments which occur : and let us form
and fettle in our minds a lively notion of the grandeur
and excellence of the feveral virtues, fo that wemay'nt
quedion but that fuch as are pofTefTed of them niuft be
the truly wife and compleatly happy charaders.* ^^Sucli
^^ a man mud be fatisfied with himfelf, neither pining
^' and fretting under troubles, nor broken with any
^^ terrours, nor tormented with any impatient ar-
^^ dent dcfires, nor diffolved in trifling pleafures and
^^ joys: to him no accidents of this mortal ftate ap-
^^ pear fo intolerable as to fink his fpirits, nor fo joy-
*^ ful as to give him high traniports. And what is
'^ there in the purfuits of this world, and in this fhort
'^ tranfitory life, that can appear of great confequence
" to a truly wife man, whofe foul is fo conftantly
^' upon the watch, that nothing happens to him un-
*^ forefeen or furprizing, nothing unexpeded, nothing

" new.'*

IV, Now as 'tis the grand view of the good man,

* Cicero's Tufcul. Quefllons, Book iv.
G 2

500 M o f I V E s, (&(r. Book I.

that according to the intention of nature he (hould al-
ways be employed in contributing fomething to the ge-
neral intereft and happinefs^ which plainly requires that
large numbers of mankind fhould be joined in an ami-
cable fociety ; he ought alfo carefully to enquire into
all the rules or diaates of right reafon, by which every
part of life is to be regulated, and by obferving which
he may on his part preferve this focial union among
mankiild : and thefe precepts or conclufions of right
reafon colleded together make what we call the La^
of Nature; which is the next branch of Moral Philo-
fophy, of great ufe in the condud of life^

lOl

A N

INTRODUCTION

T O

MORAL PHILOSOPHY.

BOOK IL

Elements of the Law of Nature.

c H A p. I,

Of the lukVt ofN ATVKE.

TH A T we may (hew how all the feveral parts of
life may be brought into a conformity to na-
ture, and the better difcern the feveral Rights
and Duties of Mankind, we fhall premife the more ge-
neral Dodrine in Morals, explaining fome pretty com-
plex notions and terms conftantly occurring ; and this
is the fubjea of this and the two following chapters.

In the preceeding book we (hewed, how from the
very flrudlure of our nature we derived our firft noti-
ons of right and wrong, virtuous and vitious, in our
affeaions and adions : and that it was then ngk and
juJI that any Perfon fhould adl, poflefs, or demand from
others, in a certain manner, '' when his doing fo tend-

G 3

102 ^^^ Law <?/ Nature. Book XL

'< ed either diredlly to the common interefl: of all, or
'' to the interefl: of fome part or fome individual,
<* without occafioning any detriment to others." And
hence we fay in fuch cafes that a man has a right thus
to aa, poffefs or demand: and whoever would ob-
ftrud or hinder him thus to aa or poifefs, or would not
comply with fuch demand, is faid to do an injury or

^jjrong.

But rediming this matter a little higher ; 'ti<=' plain
that this ftrudure of our nature exhibits clear evidenr
CCS of the will of God and nature about our conc^j^,
requiring certain adions and prohibiting others. The
notion of a la^v to which our anions may be compa-^
red, is, no doubt, artijiciaU formed upon obfervation :
and yet it has in all ages been fo obvious and fliniiliar
to men that it may alfo be called natural. For the
notion oi 2i jitft po^^er,oi right of governing o\^^x%,\%
obvioufly intimated, from that power nnture has in-
vefted the Parent with, over his children, fo manifc itly
tending to their good. And this too is known to all
by conftant experience, that the bulk of njankir.d doii't
by any nice reafonings or obfervation of their own dif-
cover what is advantageous or hurtful in life ; nay that
the greater part of the praaical fagacity and wifdom
oi the generality depends upon the difcoveries and in-
ftruc^ionsof a few, who have had greater penetration
and fagacity : and fince 'tis commonly known, and e-
ven the men of lefs fagacity acknowledge it, that there
are great diverfities of genius, and that fome few have
fuperior abilities to the common herd : that moral prin-
ciple implanted m all muft alfo recommend it as advan-
tageous to all, that large focieties of men united for
their common interefl:^ fcould commit the adminiftra-

Ch. I. 77;*? Law <?/" Nature. 103

tion of their common concerns to a council of a few of
the wifer fort, and compell any who may thereafter
be refradtory to fubmit to their orders, who have thus
obtained a juft right of governing. Hence the notion
o^ jujt po^wery or of a right of governing ^ is among
the mod common and familiar with mankind, when
from the very plan and model of power conftitutcd,
there's tolerable precaution taken that the Rulers (hall
have either no inducements to abufe it to the detri-
ment of the whole body, or no hopes of doing fb
with impunity. Hence the notion of lai\} too is
obvious to all, to wit, '' The will of thofe vefted
*^ with juft power of governing, declared to their
*^ fu^bjedls, requiring certain anions and forbidding
^^ others with denunciations of rewards or puni(h»
" ments."

IL Now fince 'tis generally agreed among men,
that the Deity is endued with the higheft goodnefs, as
well as with wifdom and power; it muft obvioufly
follow that an univerfal compliance with the will of
God muft tend both to the general good, and to that
of each individual ; to which compliance alfo we are
moft facredly bound in gratitude, as we were created
by him, and are conftantly deriving good from his
munificent hand: it muft alfo in like manner follow,
that all difobedlence to the will of God muft be oppo-
fite to the common felicity, and ftiew a bafe ungrate-
ful mind. Now thefe confiderations plainly fkev/ that
it is perfeaiy juft and right in the Deity to alTume to
himfelf the government of his rational creatures, and
that his right is founded upon his own 77zoral excels
lencies.

But fince no man can give fufficient evidence to the
G 4

I04 'T^^^ Law <?/* Nature. Book II,

fatlsfa-flion of all, that he is pofTefTed even of fuperi-
our wifdom^and much lefs of his liable inflexible good*
nefs; fmce ambitious dilTimulation would always make
the greateft fhew of goodne^^s, if this were a fure ftep
to afcend to power ; nor can men fearch into each
others hearts to detecl fuch hypocrify: and fince no
power generally fufpedted and dreaded can make a peo-
ple, who are diffident of their moil important interefts,
eafy or happy; no man can juffly afTume to himfelf
power over others upon any pcrfuafion of his own fu-
perior wifdom or goodnefs, unlefs the body of the peo-
ple are alfo perfuaded of it, or confent to be fubjedted
to fuch power, upon fome reafonable fecurity given
them, that the power intrufted (hall not be abufed to
their deftrudion.

III. An d further fince it was God our Creator who
implanted this fenfe of right and wrong in our fouls,
and gave us thefe powers of reafon, which obferving
our own conftitution, and that of perfons and other
things around us, difeovers what condu(fl tends either
to the common profperity of all, or that of individuals,
and what has a contrary tendency; and fliews alfo
that all forts of kind offices generally tend to the hap-
pinefs of the perfon who difcharges them, and the
contrary offices to his detriment: ail thefe precepts or
pradical dictates of right reafon are plainly fo many
laws *, enabled, ratified by penalties, and promul-
gated by God in the very conftitution of nature. [As
words or writing are not elTentialto the nature of a law,
but only the moft convenient way of notifying it J

* On this rubje<fl fee Cumberland's VroUgomena, or Intro*
i^uttion, and Ch. i . Concerning the law of nature.

Ch. I. The Law ^^^'^ Nature. lo^

In every law there are two parts, the precept and
^Q fam^ton. The precept (hews what is required or
forbidden; and the fandions contain the rewards or
punifhments abiding the iubjecfls, as they obferve or
violate the precept. In Civil Laws, befide the pecu-
liar rewards ox premiums pro-pofed in fome of them,
there is this general reward under ftood in them all,
that by obedience we obtain the defence and protec-
tion of the ftate, with the other common advantages
of a civilized life, and the rights of citizens. The pe-
nalties of human laws are ^)enerally exprefled. The
fan(5tiGns of the law of nature are known and promul-
gated in like manner with the preceptive part. The
rewards are all ihofe internal joys and comfortable
hopes which naturally attend a virtuous courfe; and
all thefeexternai advantages whether immediately ari-
(mg from good acflions, or generally obtained by the
good-will and approbation of others, or of the Deity,
whether in this life or in a future (tate. The penalties
are all thofe evils internal or external, which naturally
enfue upon vice; fuch as remorfe, folicitude, and di-
ftrefTing fears and dangers : in fine, all thefe evils
which right reafon fhews may probably be expeded to
enfue through the jnft refentment of the Deity or of
our fellow-creatures.

IV. The divine laws according to the different
manners of promulgation ^rc dihtxnaturaJ or pojitive.
Natural laws are difcovered by our reafon obferving
the natures of things. PofitiveUws are revealed only
by words or writing. Laws may again be divided ac-
cording to the matter of them into the necejjary and
the mt-necejary. Every fort of law indeed fliould have
in view fome real benefit to the (late? but fome laws

jo6 The Law c/ Nature. Book II.

point out the fole and neceflary means of obtaining
fome great benefit, or of averting fome great evil ; fo
that contrary or even different laws could not anfwer
the neceflary purpofes of fociety: while others only fix
upon themoft convenient means, where many others
might have tolerably anfwered the end ; or, where
there's a variety of means equally appofite, yet fix up-
on one fet of them, when 'tis neceffary that multitudes
fliould agree in ufing the fame means. Such is the cafe
in appointing y^/ times and j^lacesy and other circum-
fiances y where matters of common concern are to be
tranfaded jointly by many. Thefe latter fort of laws
are alfo called pofitive as to their matter, and the for-
mer natural^ in the fame refpedl.

V. Laws generally refpea alike a whole people,
or at lead all of a certain ciafs or order ; this holds as
to all natural laws. But fometimes civil laws are made
in fmgular cafes, refpeding only one perfon ; thefe the
Romans called privllegta; which were either out of
Angular favour, or lingular refentment. If fuch pri-
vtlegeszxt granted for extraordinary merits, and have
no pernicious tendency toward the body, they are ve-
ry juftifiable. Cafes may happen too, tho' feldom, in
which it may be juft to bring to punifhment fome ve-
ry artful dangerous criminal by a fpecial law, which
is not to be made a precedent in the ordinary proce-
dure of juftice.

Equity is fometimes underftood as fomethingdiftindl
itomjiria law^ being " the reafonable wife corredi-
" on of any imperfeflion in the words of the law, by
^^ their being either not fufficiently extended, or too
^' extenfive in regard to the true reafon or M\gn of
*^ the law.'* This equity has place only as to laws

Ch. 1. The Law ^j/'NatUre- 107

promulgated in words; for the law of nature deter-
mines ail points, not by words, but by right reafon,
and what is humane and good.

VI. The dodrine of difpenfations was brought In
by the Canon-law, A difpenfation is *' the exempting
^' one out of fpecial favour from the obligation of a
*^ law." Difpenfatlons are either from the preceptive
part, or from the function, in remitting the penalty.
Where the penalty is remitted or altered in fuch a
manner as confifts with the common fafety, and does
not weaken the authority and influence of the law, it
is not to be blamed. Such a difpenfing power for fm-
gular important reafons is frequently vefted in the fu-
preme Rulers or Magiftrates of States. But for previ-
ous exemptions from the preceptive part of any wife
law they can never be reafonable.

But firft, we don't count it a difpenfation when any
one, ufing his own right and the ordinary power ve-
fted in him by law, frees another from fome legal obli-
gation, or impofes a new one. As when a creditor re-
mits a debt; or the fj preme Governor commiflions
fubje(^s to adt in his name what he has a right to exe-
cute, tho' without fuch commiffion thefe fubjeds had
aded illegally in doing fo.

Again, fometimes by laws, whether divine orhuman,
an external impunity may be julHy and wifely grant-
ed to fuch condud as is very vitious and culpable; if
either through the ftupidity or depravity of the people
fuch vices could not bereftrained without much grea-
ter inconvenience than what arifes from the permiffi-
on of them. But this comes not up to the notion of
difpenfation.

But in the third place, no grant or penpifTion of

lo8 7?^ Law «^ Nature. BooklL

any governor, human or divine, can make evil male^
volent afFedions become morally good or innocent,
or benevolent ones become evil: nor can the moral
nature of adlions flowing from them be any more al-
tered by mere command or permifTion. The difpen^
fations therefor, the Canonifts intend, are then only
juftifiable, when the laws themfelves are bad or im-
prudent, of which the Canon-law contains a great mul-
titude.

VII. The L^ou of nature as it denotes a large col-
lec^lion of precepts is commonly divided into the pri-
tnary zxAfecondary ; the former they fuppofe immu-
table, the latter mutable. This divifion is of no ufe as
fome explain it, * that the primary confifts of fclf-evi-
dent propofitions, and the fecondary of fuch as require
reafoning. Many of thofe they count primary require
reafoning : nor are juft conclufions more mutable than
the felf-evident premifes. The only ufeful fenfe of this
diflindlion is, when fuch precepts as are abfolutely ne-
celTary to any tolerable focial fkte are called the pri-
mary ; and fuch as are not of fuch neceflity, but tend to
fome confiderable improvement or ornament of life
are Z2^edi fecondary , But thefe latter in the fight of
God and our own confciences are not mutable, nor
can be tranfgrefTed without a crime, more than the
primary ; altho' there may be many political conftitu-
tions where the violation of thefe fecondary precepts
pafTes with impunity.

From the dodrine of the former book it mufl: ap-

* See Vinnim\ comment on the Inrtit. lib. i. 2 . 11. The
fame diflin<flion is varioufly explained by other authors; but
fcarceany of ihcm To explain it as to make itof impcrtaiicc.

Ch. I. The 'Lkvf ^Nature. 109

pear, that all our duties, as they are conceived to be
enjoined by fome divine precept, are included in thefe
two general laws, the one that ^^ God is to be wor-
" (hipped with all love and veneration : " and in
confequence of it, that *^ he is to be obeyed in all
*^ things.'*

The fecond is, that '* we ought to promote as we
^^ have opportunity the common good of all, and that
** of particular focieties or perfons, while it no way
^^ obdruds the common good; or that of greater fo-
•* cieties.'*

CHAP. II.

Q/^//5^ N A T u R E ^Rights, and their fever at
Divisions.

SINCE it is manifeftly neceflTary to the common in-
tereft of all that large numbers of men (hould be
joined together in amicable focieties, and as this is the
fumof all our duties toward men that we promote
their happinefs as we have opportunity; it muft fol-
low that all adtions by which any one procures to him-
felf or his friends any advantage, while he obftrudls no
advantage of others, muft be lawful : fince he who pro-
fits one part without hurting any other plainly profits
the whole. Kow fince there are many enjoyments and
advantages naturally defired by all, which one may
procure to himfelf, his family or friends, without hurt-
ing others, and which 'tis plainly the intereft of focie-
ty that each one (hould be allowed to procure, with-,
out any ob(lru6lion from others, (fince otherways no
friendly, peaceable fociety could be maintained:) we
therefor deem that each man has a right to procure
and obtain for himfelf or his friends fuch advantages
and enjoyments; which Right is plainly eftabliflied
and fecured to him by the fecond general precept a-
bove mentioned, enjoining and confirming whatever
tends to the general good of all, or to the good of any
part without detriment to the reft. In all fuch cafes
therefor men are faid to adt according to their right.
And then, as the feveral offices due to others are re-
commended to us by the fenfe of our own hearts ; fo
others in a focial life have a claim to them, and both

Ch. 2, Tie Mature ^Rights, HI

dcfire, and naturally or juftly expedl them from us, as
fome way due to them : in confequence of this it muft
appear, that the feveral rules of duty, or fpecial laws
of nature, cannot be delivered in a more eafy manner
than by confidering all the feveral claims or r/gitj com-
petent either to individuals, to focieties, or to mankind
in general as a great body or fociety ; all which are the
matter of fome fpecial laws.

The feveral rights of mankind are therefor firft made
known, by the natural feelings of their hearts, and
their natural defires, purfuing fuch things as tend to
the good of each individual or thofe dependent on
him: and recommending to all certain virtuous of*
fices. But all fuch inclinations or defires are to be re-
gulated by right reafon, with a view to the general good
of ail.

Thus we have the notion oi rights as moral quali-
ties, ox faculties, granted by the law of nature to cer-
tain perfons. We have already fufficiently explained
how thefe notions of our rights arife from that moral
fenfe of right and wrong, natural to us previous to any
confideration of law or command. But when we have
afcended to the notion of a divine natural law, requir-
ing whatever tends to the generalgood, and containing
all thefe praftical dilates of right reafon, our definiti-
ons of moral qualities may be abridged by referring
them to a law; and yet they will be of the fame im-
port; if we ftill remember that the grand aim of the
law of nature is the general good of all, and of every
part as far as the general intereft allows it.

A Right therefor may be defined " a faculty or
^' claim eflablifhed by law to adl, or pofTefs', or ob-
^^ tain fomething from others; " tho' the primary no-

113 7'>5^ Nature -e/* Rights. Book IL

tion of right is prior to that of a law, nor does It always
include a reference to the mofl: extenfive intereft of the
whole of mankind. For by our natural fenfe of right
and wrong, and our fympathy with others, we immedi-
ately approve any perfon's procuring to himfelf or his
friends any advantages which are not hurtful to others,
without any thought either about a law or the gene-
ral intereft of all. For as the general happinefs is the
refult of the happinefs of individuals; and God has
for the benefit of each individual, and of families, im-
planted in each one his private appetites and defires,
with fome tender natural affeftions in thefe narrower
fyftems : adlions flowing from them are therefor natu-
rally approved, or at leaft deemed innocent, and that
immediately for themfelves, unlefs they (hould appear
hurtful to others, or oppofite to fome nobler afFedion.
Hence every one is conceived to have a right to adt
or claim whatever does no hurt to others, and natu-
rally tends to his own advantage, or to thatof perfons
dear to him.

And yet this we muft dill maintain, that no private
right can hold again ft the general intereft of all. For
a regard to the moft extenfive advantage of the whole
fyftem ought to controU and limit all the rights of in-
dividuals or of particular focieties.

II. Now fince a friendly focie^ with others, and
a mutual intercourfe of offices, and the joint aids of
many, are abfolutely necefTary not only to the pleafure
and convenience of human life, but even to the prefer-
vatlon of it ; which is fo obvious * that we need not rea-
fon upon it. Whatever appears necefTary for preferving

• See Cicero's Offices, B. ii. 3. 4i J» ^^-

Ch* 2. The Nature -^T Rights. 113

an amicable fociety among men muft necefTarlly be en-
joined by the Law of Nature. And in whatever cir-
cumftancesthemaint-iningofpeace in fociety requires,
that certain aaions^pofTefTions, or claims fliould be left
free and undifturbed to any one, he is juftly deemed
to have a right fo to ad, poffefs, or claim from others.
As fome law anfwers to each right, fo does an obliga-
tion. This word has two fenfes, i , We are faid to be
obliged to adl, or perform to others, '' when the in-
^' ward fenfe and confcience of each one muft approve
" fuch aaion or performance, and muft condemn the
^' contrary as vitious and bafe: '* in like manner we
conceive an obligation to omit or abftain. This fort of
obligation is conceived previous to any thought of the
injundtion of a law. 2. Obligation is fometimes taken
for '^ a motive of intereft fuperior to all motives on
^^ the other fide, propofed to induce us to certain adi-
^' ons or performances, or omifHonsofacflion." Such
motives indeed muft arifefrom the laws of an omnipo-
tent Being. This latter meaning feems chiefly intend-
ed in thefe metaphorical definitions of great authors,
who would have all obligation to arife from the law of
a fuperior, ^ '' a borJ of right binding us by a necef-
''/(y^ ofaaing or abflaining'' or an " abfolute neceffi-
^' ty impofed upon a man, to aO: in certain ?m?iner:'

III. Rights according as they are more or lefs ne-
celTary to the prefervation of a focial life are divided
into perfea and imperfect. Perfed rights are of fuch

* Thefe are the definitions of P/./tWor/. and of iJ^r^^^r,
rac in his notes on Grotius, as alfo in his animadvcrfions
on a Cenfure upon Piifendorf, afcribed commonly to Mr. Leib-
nitz, pnblifhed with the French Tranllation of the bogk Je
Cffim Ho?mms et Civis.

H

JI4 rif Nature o/RiGHTS. Bookll.

necefllty that a general allowing them to be violated
muft entirely dellroy all fociety : and therefor fuch
liehts ought to be maintained to all even by violence :
and the fevereft pimKhments infliaed upon the viola-
tion of them. * . . J , -,
Imperfea rights or claims are fometimes indeed ot
the greateft confequence to the happinefs and orna-
ment of fociety, and our obligation to maintain them,
and to perform to others what they thus claim, may
be very facred : yet they are of fuch a nature that
greater evils would enfue in fociety from making them
matters of compulfion, than from leaving them free to
each one's honour and confcience to comply with them
or not. 'Tis by a confclentlous regard to thefe imper-
(e& rights or claims of others, which are not matters
of compulfion, that virtuous men have an occafion of
difplaylng their virtues, and obtaining the efteem and
love of others.

Yet the boundaries between perfed and impertedt
rights are not always eafily feen. There is a fort of
fcale or gradual afcent, through feveral almoft inien-
fible fteps, from the loweft and weakeft claims of hu-
manity to thofe of higher and more facred obligation,
till we arrive at fome imperfeft rights fo ftrong that
they can fcarce be dlftingulflied from the perfedl, ac-
cording to the variety of bonds among mankind, and
the various degrees of merit, and claims upon each
other. Any innocent perfon may have fome claim up-
on us for certain offices of humanity. But our fellow-
citizen or neighbour would have a ftronger claim m the
like cafe. A friend, a benefaftor, a brother, or a parent
would have ftlU a ftronger claim, even in thefe things
which we reckon matters of impeifea: obhgatioxi.

Ch. 2. ?7;^ Nature <y"RiGHT3. 115

There's alfo a third kind of Right, or rather an ex-*
ternal fhew of it, "which fome call an external right:
when fome more remote confiderations of diftant utili-^
ty require that men fhould not be reftrained in certain
adions, enjoyments; or demands upon others, which
yet are not confiftent with a good confcience, or good
moral difpolitions. Thefe external (hews of Right,
which will never fatisfy a good man as a foundation of
condudl, often arife from imprudent contrads rafhly
entered into by one of the parties^ and often even from
the wifeft Civil Laws.

'Tis plain here, that there can be no oppofition ei-
ther between two perfedl rights or two imperfecfl ones.
But imperfe<5l rights may be contrary to thefe called
external. Since however the imperfe(fl rights are not
matters of juft force or compulfion ; wars, which are
violent profecutions or defences of fome alleged rightSj,
cannot be juft on both fides.

IV. Rights are alfo divided into xht alie7talle^
and fuch as cannot be alienated ox transferred. Thefe
are alienable, where the transfer can adlually be made^
and where fome intereft of fociety may often require
that they fhould be transferred from one to another-
Unlefs both thefe qualities concurr, the Right is to be
deemed unalienable. 'Tis plain therefor, for inftance,
that for defect of both thefe qualities, our opinions in
matters of Religion are unalienable ; and fo are our in-
ternal affeaions of devotion ; and therefor neither of
them can be matters of commerce, contradl, or humaa
laws. No man can avoid judging according to the evi-
dence which appears to him ; nor can any intereft of
fociety require one to profefs hypocritically contrary
to his inward fcntiments; or to join in any extenx-^l

H 2

ii6 77;<? Nature ^^RiGHTS. Bookll.

worfhip which he judges foolifh or impious, and with-
out the fuitable afFedions.

From the general account given of the nature of
Right, thefe muft be the two fundamental precepts of
a focial life ; firft, that '^ no man hurt another'* or oc-
cafion any lofs or pain to another which is neither ne-
ceiTary nor fubfervient to any fuperior intereft of fo-
ciety. The fecond is '' that each one on his part, as he
^^ has opportunity, fhould contribute toward the ge-
<^ neral intereft of fociety ; " at leaft by contributing
toward the intereft of his friends or family. And he
who innocently profits a Part, contributes alfo in fad
to the good of the whole.

U7

CHAP. III.

Concerning the various Degrees <?/'Virtue and
Vice, and the Circtt?nJIances on ixihich they depend.

THat inward power called Confclence^ fo much
talked of, is either this very moral fenfe or fa-
culty we have explained, or includes it as its moft ef-
fential part ; fince without this fenfe we could difccrn
no moral qualities. But when this is prefjppofed, our
reafon will fhcw what external anions are laudable or
cenfurable according as they evidence good or evil af-
fedions of foul. Confcience is commonly defined to be
^* a man's judgment concerning the morality of his
'' adions;" or his judgment about his anions as to
their conformity or contrariety to the law. And an
adion is then faid to be imputahley when by its pro-
ceeding from his will it evidences his temper and af-
fedions to be virtuous or vitious.

The common divifions of confcience, mlo certainy
probabhy doubtfuly or fcrupulous , need no explication.
When we deliberate about our future anions 'tis cal-
led antecedefit : when we judge of pad adions, 'tis cal-
led ye^/^^^^*?;^/ confcience.

The antecedent confcience of a good man, or his pre-
vious deliberations, turn upon the tendencies of ani-
ons to the general good of all, or to the innocent en-
joyments of individuals, or of parts of this fyftem:
and this tendency makes an adlion 7naterially good. For
anions are called good materially^ by their having this
tendency, or their being required by the law, whate-
ver were the motives or views of the agent. Th^fub^

H3

jjg Various Degrees Bookll.

feqiient confclence regards chiefly the motives, defign,
and intention^ on which depends what is called7^r;W
goodfiefs. For fuch adions are called formally good as
agree with the law in all refpeds, and flow from good

affedtions.

II. The circnmftances regarded in comparing the
morality of adions are of three forts, as they relate ei-
ther to the undi^rftandingj or to the aw7/, or to the im-
portance of the adion itfelf confidered along with the
abilities of the agent.

But here 'tis previoufly certain, that fuch adions a-
lone are matter of praife or cenfure, or can be imputedy
which are done with knowledge and intention, and
which had not happened if we had feriouHy refolved a-
gainft them. And that in like manner no omifFion can
be imputed where the moft hearty inclination would
have been without efFedl. Such adions or omiflions
arecalled/;r^ or voluntary, and fuch alone carry any
evidence of the goodnefs or depravity of the temper.
Keceflary events therefor, which v/ould happen even
without our knowledge, or againft our will, are no
matter of imputation ; nor is the omiffion of an impof-
fibility, which no defire of ours could have accomplilh-
cd, any matter of imputation. But this is not the cafe
with fuch adions as are only called necefTary on this ac-
count, that the agent's inclination and turn of temper
that way, or his paOions, were fo ftrong, that during
that temper of his he could not will otherways. Nor is
it the cafe in oinifiions of fuch adions as are therefor
only called impofiible, becaufe fuch was the perfon's
depravity of temper that he could have no inclination
to them. Virtue and vice are primarily fcated in the
temper and afledions themfclves ; and 'tis generally

Ch. g. of V i^r V E a«d Vicv., 119

in our own power in a confiderable degree to form and
alter our tempers and inclinations.

There are three claflTes of adions called involunta-
ry, to wit, fuch as we are compelled to by fuperior ex-
ternal force; fuch as we do igriorantly; and fuch as
are called 77med, when we do what of itfelf is very
difagreeable in order to avoid fome greater evil. What
men are driven to by external force is imputable only
to him who ufes the violence. What is done through
ignorance is imputed differently according as the igno-
rance is culpable or not. But the adions called viixed
are all imputed, as they are truly free, and proceed
from the will : but they are imputed as innocent or as
criminal, according as the evil avoided was in its whole
effedl greater or lefs than the evil done to avoid it.
Now moral evils, and fuch as hurt the common inte-
reft, are greater than the natural evils, and fuch as
hurt only the agent.

III. As to the circumftances relating to the under-
Handing: altho' ail moral virtue and vice is primarily
feated in the will, yet frequently our ignorance or er-
ror about the nature of the things we are employed ar
bout may affea the morality of anions. And altho'
the bed of men mufl: intend what is in fad evil, if it
appear to them to be good \ yet fuch miftakes are fre-
quently blameable, if the error or ignorance was any
way voluntary, and what could have been avoided by
fuch diligence as good men commonly ufe in fuch cafeSe
That ignorance indeed which is wholly involuntary
and invincible excufes from all blame.

Voluntary or vincible ignorance is either affe^cd^
when men dire^ly defign to avoid knowing the truth
With fome apprehenfions of it : or what arifes from

H 4

I20 . Various Degrees Book II.

grofs negligence or floth ; when men have little folici-
tude about their duty, and take little thought about
their condudl. The former no v/ay diminifhes the guilt
of the acftion. The latter may be iome alleviation of
guilt, and that more or lefs, according as the floth was
greater or lefs, or thedifcovery of the truth was more
or lefs difficult.

Ignorance truly involuntary is fo either in itfelf
hut not in its caiife^ or it is involuntary in both rer-
fped;s. The former is the cafe when at prefent, and
in the midlt of a(5^ion, men cannot difcover the truth,
tho* they earneftly defire it ; but had they formerly
ufed the diligence required of good men they might
have known it» The latter is the cale when no prior
culpable negligence occafioned our ignorance : and this
fort excufes altogether from guilt, but not the for-
mer. There is indeed no moral turpitude at prefent
fhewn by a man's a6ting what at prefent appears to
him to be good ; but ignorance or error, tho' at pre-
fent invincible, may be a ftrong evidence of a prior
culpable negligence, which may difcover a depravity
of temper.

Ignorance is either about matter oflwu) or matter
cffa^. This divifion takes place chiefly in pofitive
Jaws : for in the law of nature if the fad, or natural
tendency and confequents ofadlions, beneficial or per-
nicious to fociety, are known, this itfelf makes the
jaws known.

IV. From thefe principles we may anfwer the
chief queftions about an erroneous confcience. i . Er-
ror or ignorance of the law of nature is generally cul-
pable ; but in very various degrees, according to the
different degrees of natural fagacity in men, and their

Ch. J, o/ViKrvE and Vice. 121

different opportunities of information and inquiry, and
as the Jaws themfelves are more or Jefs eafy to be dif-
covered.

2. To counteracfl confciencein doing what we deem
vitious, or in omitting what we take to be our duty,
muft always be evil ; as it (hewsfuch depravation of
the temper that a fenfe of duty is not the ruling prin-
ciple. But this guilt too is of very different degrees,
according to the fandity of the feveral duties omitted,
or the turpitude of crimes we commit; and the diffe-
rent forts of motives, more or lefs favourable, which
excited us to this condud. For fometimes 'tis only the
terrour of the moil: formidable evils which almoft en-
force us, fometimes lovely principles of friendfhip,
gratitude, filial duty, parental affedion, or even love
of a country, which induce us to aft againft our con-
fciences ; now in fuch cafes the guilt is confiderably
alleviated.

$, In following an erroneous confcience, the guilt
confifls not in thus following it, or doing what we deem
to be our duty ; but it lies rather In fomething culpable
in the error itfelf, or in the caufes of it, and this in
various degrees. For fome errors of themfelves fhew
a bafe temper, influenced diredlly by malice, pride, or
cruelty : others fhew only negligence and inattention,
or that the nobler affedions of heart are too weak.

4. 'Tis generally true that countera6ling even an er*
roncous confcience is worfe than following it. In both
cafes the guilt of the error is equal ; and he who coun-
teradls his confcience fiiews alfo a new contempt of the
divine law. And yet where fome of the more humane
and lovely difpofitlons carry it againft the commands
of an erroneous confcience, guided rather by author!-

122 Various Degrees Bookll.

ty, and fome confufed notions of duty, than any di-
ftindt view of moral excellence in what it commands,
the difobeying it may be a better fign of the temper
than following its didtates. As in the cafe of one who
deems it his duty to perfecute for Religion, and yet is
reftrained from it by humanity and compafTion.

V. The circumftances affeaing the morality of ac-
tions which relate to the Will muft appear from what
was faid above ; that all kind affedions of foul are
amiable, and the contrary vitious ; as is alfo excef-
five felf-love, and a keen defire of fenfual pleafures ;
that the calm ftable affeaions of a friendly fort are
more lovely, than the turbulent paflions; and that
the more extenfive are the more honourable.

1. Such duties therefor as are done deliberately,
and from fteady purpofe of heart, are more lovely than
thofe which proceed from fome fudden gufts of kind
pafFions.

2. And in like manner fuch injuries as are done de-
liberately and with premeditation, or from inveterate
ill-will, are much worfe than thofe which arife from
fudden anger, fear, or fome paffionate bent toward
pleafure.

As to all motions of anger and fear, which aim at
the repelling fome impendent evil, we may obferve ;
that as the firfl: ftep, and moft neceffary one, toward
happinefs and eafe, is the warding off of pain, and the
firft office of virtue is the avoiding vice ; the paffions
oi aver/ton from evil a.xe naturally ftronger in their
kind, than thofe purfuing pofitive good; and as 'tis
harder to refift their impulfes, they are greater allevia-
tions of guilt, in vitious aaions, tho' none of them
can wholly take it away, fincc it is always in one's

Ch. 3« c/ViRTVE and Vice, 125

power, who has an hearty concern about virtue, and
iets himfelf to it, to retrain thefe pafTions in a great
meafure, and prevent their breaking out into external
adlions.

3. We cannot expedl the fame degrees of benefi-
cence, or a like extent of it, in ail equally good cha-
ra(51ers,confidering thedifferent tempers of men, their
different abilities, opportunities, leifure, or hurry of
bufinefs,

4. There are great differences in point of moral ex-
cellence among the feveral narrower forts of kind af^
fedions, according to their different fprings or caufes,
fome of which are far more honourable than others.
That good-will which arifes from fomeconjun(5tionsof
intereft, fo that we wifli well tp others only for our
own intereft arifing from their profperity, tho* it may
be free from any moral turpitude, yet has nothing mo-
rally amiable ; fincc fuch affedion may be found in the
word of men, and may have the word for its objedt:
nor is there much morai beauty in the affedions mere-
ly founded on the tyes of blood, or in the paffions of
lovers. Thefe motions are generally turbulent and are
all of a narrower kind : and fuch is theconftitution of
our nature, that they are often found among fuch as
fliew fcarce any other virtues. And yet the want of
fuch affedlions in fuch relations, would fliew a great
depravity. That heart muft be fingularly hard and in-
fenfible to kind affedions which cannot be moved to
them by thefe ftrong natural caufes.

There is an higher moral beauty in that good-will
and gratitude which arifes from benefits received, where
it is truly fincere, without any (hew or oftentation de-
iigned to obtain further favours. In a like clafs we may

124 Various Degrees Book IL

reckon pity and compafTion, with a defire of giving re-
lief to the diftreffed. And yet thefe two are of a nar-
rower nature: and fuch is the frame of the human
heart, fo ftrong are thefe impulfes,that none but mon-
fters are void of all degrees of fuch affedtions. In the
common offices of thefe kinds there's no eminent vir-
tue ; but in negleding or omitting them, contrary to
fuch ftrong natural impulfes, there muftbe evidenced
great depravation.

That love arifmg from a conformity of virtuous dif-
pofitions, which we call friendfhip, is far more lovely:
as it (hews an high relifh for moral excellence, and an
affecflion which would extend to many in a confider-
able degree, if like virtues appeared in them. A ftrong
love for one's country, is yet more excellent. But of
all focial afFedions that is moft amiable, which, con-
joined with wifdom, isftedfaftlyfeton promoting the
moft extenfive happinefs of all mankind, and doing
good to each one as there is opportunity.

And yet the common intereft of the whole, which
both the nobler defires of the foul, and our moral fenfe
chiefly recommend to our care, plainly requires that
each one ftiould more peculiarly employ his activity for
the intereft of fuch whom the ftronger ties of nature
have peculiarly recommended,orentruftedtohiscare,
as far as their interefts confift with the general good,
and that his ordinary occupations ftiould be deftined
for their benefit. The bulk of mankind have no abi-
lity or opportunity of promoting the general intereft
any other more immediate way.

VI. These feem to be general rules of eftimation
in this matter. The ftronger that the natural impulfe
is in any narrower ties of affedion, the lefs there is of

Ch. 3. ofWiKTVZandViCE. I2j

moral beauty in performing any fuppofed offices ; and
the greater is the moral deformity of omitting them.
The ftronger the moral obligation is to any perform-
ance, or the right by which others claim it, the lefs
laudable is the performance, and the more cenfurable
and injurious is the omifllon or refufal of it. And the
weaker the right or claim of others is, 'tis the lefs vi-
llous to have omitted or refufed any office, and 'tis the
more honourable to have readily performed it; pro-
dded we (hew a readinefs proportionably greater in
performing fuch offices as others have a more facred
;laim to.

In comparing vitious anions or defigns, other cir-
:umaances being equal, the turpitude is the lefs, the
;reater or the more fpecious the motives were which
nduced us to it. To have violated the laws of uni-
-erfal juft.ee out of zeal for our country, or to have
legleaed the intereft of our country from zeal for our
riends, or from gratitude to our benefaftors, is not fo
«fe and deformed, as if one had neglefled or coun-
sraaed thefe more extenfive interefts for his own gain,
>r for any fenfual gratification ; this laft excufe is In-
eed the meaneft of all,

_ As far as any views of one's own advantage have ex-
ited a man to fuch anions as are in their own nature
ood, lo far the moral beauty is abated : and when
here was no other afFeflion movinghim, there remains
o moral beauty, tho' the aftion may ftill be innocent.
r void of any vice.

Where any fuch views of intereft as muft exceeding-
^ move even the beft of men, have excited one to
'hatis culpable, the moral turpitude is diminiflied on
liat account. The paffions excited by the prefent ap-

,26 Various Degrees Book II.

pr,henSon of feme great evil make a much gjea^er
Lprefllon upon the beft of men, ^ban fuch a -nfe
from profpeas of any new advantages or plealures
andtherefor they are much ftronger allegation of
i Keen felfiLefs, or love of pleafures, a e of
fhemfelves dlfhonourable; and (hew that the meaner
^am of the foul have ufurped a bafe tyranny over us

"th'etltbleofficesweundertakelftheyareex.
cenfive, toiUome, or dangerous toourfelves, they are
on his account ^he more honourable. And yet fmcc
"eg and aim of the good man - the promot.ng he
publlk good, and not the pleafmg hi;nfelf w,th an high
Lm ration of his own virtues ; he mutt alfo endeavour
to fortify his foul, as much as he can, to furmount al
Slurements or temptations tending a contrary way :
and .his is mofteffeaually done by a deep perfuafion
that a perfealy juft and ^.ife Providence governs the
Wld^ll take care of the interefts of the virtuous ;

:„d that the only path to - happynimort^.ty -^
virtue : the good man therefor w.ll be far from ex
Iluding out of his counfels thefe glonous hopes, nay
he wilf cherifc and confirm them; that he may thus
became the more inflexible and fteddy m every v.rtu-

" Vlf 'as to the importance of anions and the ^iU^
tieso( the agents, thefe general rules feem to hold
fThat othfrcircumftances being equal, the moral
g;odnef:ofaaionsisproportionedtotheir.mportance

fo the common intereft, which the agent had m v e^.
2. When other clrcumttances are equal, he v. tu
of an aaion is inver/efy as the abilit.es of tlie agent
It"^ when the importance of two adions .s equal,

Ch. 3» of ViRTVE and Yiat, 127

he (hews the greater virtue who with fmaller abilities,
equals the more potent in his beneficence.

3 . The like obfervations hold about the vice of evil
adlions, that it is dire£lly as their importance to the pu-
blick detriment forefeen, zni inverfely as the abilities
of the agents : or that thefe are worft which have the
word tendency ; or which undertaken by perfons of
little power, fhew that they have malitioufly exerted all
their force in doing mifchief.

4. In eftimating the importance of adions, we muft
take in that whole feries of events, which might have
been forefeen to enfue upon them, and which without
thefe adlions would not have happened ; whether thefe
events be the natural direcfl effeds of the anions, or
happened by the intervention of other agents, who
by thefe adlions have been provoked or incited to take
certain meafures . For every good man will confider all
that may enfue upon any fteps he takes; and will avoid
doing any thing contrary to the common utility, or
which may without neceffity give an occafion or temp-
tation to any publick detriment, either more or lefs
extenfive.

As to the events or efFeds of adlions, this holds;
that any publick advantage enfuing, tho' it had been
forefeen, yet if it was not intended and defired, adds
nothing to the virtue of the aftion, nor is it matter
of praife; as it (hews no goodnefs of temper. But pu-
blick detriment which might have been forefeen, tho*
it was not direftly defired, nor perhaps actually fore-
feen, may add to the moral turpitude. Becaufe that
even a negligence and unconcernednefs about the pu-
blick intereftis of itfelf vitious, (hewing either an en-
tire want, or a great defe^ in goodnefs of temper.

128 Various Degrees BookIL

5. But we mud not pronounce every a6lron to be
evil from which fome evil con feqijcnces were forefeen
to enfue; unlefs thefe evils were diredly defired for
themfelves. The confequences of moft external actions
are of a mixed nature, fomegood^fome bad. There's no
courfe of life which has not its own advantages and dif-
advantages; all which are indeed to come into com-
putation* Thefe adions therefor alone are good, on
account of their importance, whofe good confequences
forefeen overballance their evil confequences; and
when the good could not have been obtained without
thefe or equal eviJs : and thofe adions are evil in this
refpedl, where the evil confequences overballance all
the good ; or where the good might have been ob-
tained without fuch evils, or with a fmaller degree of
them.

6. But in the fight of God and Confcience thefe
events are imputed not as they acftually happen, but
according as there was a probable profped that they
might happen. For the moral good and evil confifts
not in the external events, but in the afFedions and
purpofes of the foul. And hence two perfons maybe
equal in guilt, tho' one of them, rellrained by acci-
dent or the prudence of others, has done no damage,
and the other has done a great deal. And he is equal-
ly laudable who has made noble attempts, to the ut-
mofl: of his power, tho' unfuccefs fully, with thofe to
whom all things have fucceeded according to their
wifhes.

VIII. Amongst the circumftances which afFefl
both the will and the abilities of the agents, may be
reckoned cuflo7n and habit : which tho' they rather a-
bate than increafe the pleafure of particular enjoy-

Ch. 3, of Virtue and Vice. J29

ments, yet increafc the regret and iineafinefs In the
want of what we have been enured to, make us more
inclined to purfuelike enjoyments,' and give us great-
er facility and readinefs in any coarfe of adlion. As
the acquiring of fuch habits was voluntary, fo it dill
remains in our power X.o abate their force or take them
away altogether by cautious abdinence or frequent in-
termifTion of fuchadlions and enjoyments. However
therefor art habit of virtue, making each office Icfs dif-
ficult, may fecm to abate a little of the excellence of
each particular office, yet it plainly adds to the beau-
ty and excellence of the charadler : and on the other
hand habits of vice, however they may a little abate
the deformity of each particular vitious acflion, yet
plainly fhew the character to be the more deformed
and odious.

Sometimes It may happen that one Is juftly pralfed
on account of the good actions of other men, nay that
even the defirable effeds of natural ina-nimate eaufes
are imputed to him as honourable, when by fome ho-
nourable actions of his own he has contributed to thefe'
events. And in like manner the damages or injuries
immediately done by other men or inanimate caufes
are imputed as crimes, when one has occafioned them
by any action or omiffion contrary to his duty.

CHAP. IV.

£i?^^<fm^i^//^^NATVRAL Rights ^Individuals

w^

'E have already (hewn ihat the feveral duties of
life maybe naturally explained by explaining
the feveral rights belonging to men, and the corre-
ipoTiding obligations, in all the feveral ftates and rela-
tions they ftand in to each other. By ^djlate we under-
ftand " fome permanent condition one is placed in,
*' as it includes a feries of rights and obligations.'*
Our (late is either that of xh^freedorn i?2nvhich nature
placed us ; or an adventitious (late, introduced by fome
human ads or inftitution.

The (late o^ natural liberty^ is ^' that of thofe who
" are fubjefted to no human power:" which plainly
obtained at fiHt in the world^among perfons adult and
exempt from the parental power. This (late too muft
always fabfift among fome perfons, at lead among the
fovereign Princes of independent ftates, ar among the
ftates themfelves, with refped to each other.

The charader of any ftate is to be taken from the
rights and laws which are in force in it, and not fram
what men may do injurioufty contrary to the laws.
'Tis plain therefor from the preceeding account of
our nature and its laws, that the ftate af nature is
that of peace and good-will, of innocence and bene-
ficence, and not of violence, war, and rapine : as both
the immediate fenfe of duty in our hearts, and tlie

Ch. 4. Natural Rights. 131

rational confiderations of intereft mufl: fuggeft to

us.

#

For let us obferve what's very obvious, that with-
out fociety with a good many of our fellows, their mu-
tual aids, and an intercourfe of friendly offices, man-
kind could neither be brought to life or preferved in
it ; much lefs could they obtain any tolerably conveni-
ent or pleafant condition of life. 'Tis plain too that no
one has fuch ftrength that he could promife to himfclf
to conquer all fuch as he may defire to wrong or fpoii,
and all fuch enemies as he may raife up againft himfelf
by an injurious courfe of life ; fince an honeft indigna-
tion at wrongs will make many more enemies to him
than thofe he immediately injures: and there are few
who won't find confiderable rtrength to avenge them-
felves or their neighbours, when they have conceived
a juft indignation. And then men have it generally in
tlieir power much more certainly and effedually to
make others uneafy and miferable, than to make others
eafy and happy. Extern alprofperity requires a perfect-
ly right ftate of the body, and all its tender and deli-
cate parts, many of which may be difturbed and de-
ftroyed by very fmall forces ; it requires alfo a confide-
rable variety of external things, which may be eafiiy
damaged, taken away, or deftroyed. A jufl; confidera-
tion of this infirm, uncertain condition of mankind, Co
that their profperity may fo eafily be difturbed, mud
engage every wife man rather to cultivate peace and
friendfliip with all, as far as pofTible, than to provoke
any by unneceflary enmity or injury.

* This fuffices to overturn the fallacions reafonlngs of
Hods upon the (late of nature as a (late of war or" all a-
gabfl: ell.

I ^

1 3 2 K ^i T u ?[ A L Rights . Book IL

II. The rights of men according as ihey immedi-
ately and principally regard either the benefit of fome
individual J or that of {oxxit fociety or body of people,
ox: oi mankind 'm general as a great community, are
divided \n\.o private ^ publick^ and common to alL The
private rights of individuals are pointed out by their
fenfes and natural appetites, recommending and pur-
fuing fuch things as tend to their happinefs : and our
moral faculty or confcience (hews us, that each one
fhould be allowed full liberty to procure what may be
for his own innocent advantage or pleafure, nay that
we (hould maintain and defend it to him.

To difcover therefor thefe private rights we (hould
firft attend to the feveral natural principles or appe-
tites in men, * and then turn our views toward the
general interefts of fociety, and of all around them :
that where we find no obftrudlion to the happinefs
of others, or to the common good, thence enfuing,
we Ihouid deem it the right of each individual to do,
pofTefs, or demand and obtain from others, what-
ever may tend to his own innocent advantage or plca-

fure.

Private rights are either natural or adventitious ,
The former fort, nature itfelf has given to each one,
without any human grant or inftitution. The ad-
ventitious depend upon fome human deed or inftitu-
tion.

III. The private natural rights are ^\^\tt perfeH;
or imperfefr. Of the perfedt kind thefe are the chief.
1 . A right to Ufe, and to retain their bodies unmaim-

* See Grotius de Jure Belli, &:c. I. c. 2 . r » See alfj Se^. I ^
of tlve proceeding chapter.

Ch. 4. Natural Rights. igj

ed. 2. A right to preferve their chaftlty. 3. A right
to an unblemifhed charadler for common honefty, Co
as not to be deemed unfit for human fociety. 4. A
right of liberty, or of adting according to one's own
judgment an<l inclination within the bounds of the law
of nature. 5. A right over life, fo far that each one,
in any honourable fervices to fociety or his friends
may expofe himfelf not only to dangers, but to certain
death, when fuch publick good is in view as overbal-
knces the value of his life. This our confcience, or
moral fenfe, and love of virtue will ftrongly recom-
mend to us in many cafes. 7. There's alfo a fenfe
deeply infixed by nature, of each one's ngk of pri-
vate judgment y or of judging for himfelf in all matters
of duty, efpecially as to religion ; for abafe judgment
or opinion cannot of itfclf be injurious to others : and
'tis plain no man can without guilt counteraci: his own
confcience; nor can there be any virtue in diflimula-
tion or hypocrify, but generally there's great guilt in
it. Our fentiments therefor about religion and virtue
cannot be matter of commerce or contrad:, fo as to
give others a right over them. Such commerce is no
way requifite for any good in fociety ; nor is it in one's
power to judge or think as another fhall command
him. All engagements or contracts of this kind are
null and void. Suppofe one has judged amifs and has
falfe opinions : yet while he injures no man, he is ufing
his own external right; that is, iho' he acls amifs, yet
much greater evils would enfue if any power were vert-
ed in others to compel him by penalties or threatnings
of tortures, either to a change of his fentiments, or to
a profcflion of It.

Each one alfo has a natural right to the ufe of fuch
I 3

234 Natural Rights. BookIL

things as nature intended to remain common to all;
that he (hould have the fame accefs with others, by
the like means, to acquire adventitious rights ; and that
he (hould find equal treatment with his equals. Men
have likewife rights to marriage with (uch as are v/'iU
ling to inter^marry with them, provided they be un-
der no prior bonds of marriage, or hindred by any O"
ther juli: impediment : nor can any third perfon or fo-^
ciety which has not acquired any juft power over the
parties, pretend a right to obftrud their dehgns of in-
ter-marriage ; or to hinder any who are not their fub-
je<fts from entering into any other innocent aiTociations
or commerce of any kind for their own behoof.

The fenfe of every one's heart, and the common
natural principles, (hew that each one has thefe perfedt
rights; nor without maintaining them can there be
^ny focial life: fo that they are alfo confirmed by con-
fiderations of common utihty, and our more extenfive
afFet^ions.

ly. In this refpedt all men are originally e<^ual,
that thefe natural rights equally belong to all, at leaft
as foon as they come to the mature ufe of reafon ; and
they are equally confirmed to all by the Jaw of nature,
which requires that we (hould confult the intereft: of
each individual as far as the common utility will allow;
and maintain to the feeble and weak their fmall acquir
iitionsor advantages, as well as their greater acquifiti-
ons or advantages to the ingenious and adtive. For 'tis
plainly for the common good, that no mortal endued
with reafon and forethought fliould without his own
conftnt, or crime, be fubjeded to the will of his fel-
low, without regard to his own intereft, except in fome
rare cafes, that the intereft of a fociety may make it ne-

€h. 4. Natural Rights. IJS

cefTary, None of mankind are fo ftupid and thought-
lefs about their own interefts, as not to count it next to
death to have themfelves and all that*s dear to them,
fubje(fled to another's pleafure or caprice, and thus ex-
pofed to the greateft contumelies. Nature makes none
mafters, none Haves : and yet the wifer and better fort
of men have many imperfect rights fuperior to thofe
of others, and fuperior offices and fervices of huma-
nity are due to them.

But as nature has fet no obvious or acknowledged
marks of fuperior wifdom and goodnefs upon any of
mankind; and often weak men may have high noti-
ons of their own wifdom ; and the worft of men may
make the greateft ftiews of goodnefs, which their fel-
lows cannot difcover to be hypocritical ; 'tis plain that
no pretences of fuperior wifdom or goodnefs will juf-
tify a man in his alTuming power over others without
their own confent ; this would be plainly everfive of
the common intereft, and the fource of perpetual
wars.

V. To every imperfe(5t right of individuals there an-
fwers a like obligation or duty which our confcience
plainly enjoins, and in fome cafes moft ftcredly. Thefe
are the chief imperfedt rights : each one may juftly
claim fuch offices as are profitable to him, and no bur-
den or expence to the performer. Nay every innocent
perfon has a right to fuch offices of others, as are of
high advantage to him, and of fmall burden or ex-
pence to the performers. This is particularly the cafe
of men under great calamities, needing the charitable
aids of others . Men of eminent charaders, tho' under
no calamity, have a right to fome higher offices from
others, as particularly to their friendly fufFragesfor their

I 4

136 Natural Rights, Book IL

advantage or promotion. Each one whofe vices have
not made him infamous has a right to be admitted on
equitable terms into any focietifs civil or religious,
which are indituted in his neighbourhood, for his more
convenient fubliflence, or !iis improvement in piety.
And laflly each one, v/ho has not forfeited by fome
crime, has a right to be treated on an equal footing of
humanity with his equals, and with others in propor"
tion to their merits.

VI. G0NCEE.NING beneficence and liberality, thefe
general maxims are evident, * that the importance of
any benefit to the receiver, is proportioned jointly to
the quantity of the benefit and his indigence : and that
benefits are lefs burdenfome to the giver the fmaller
their value is aiid the greater his wealth. Hence libe-
rality may be exceedingly advantageous in many cafes
to him that receives it, and yetoffmallor no burdei^
to the giver.

Beneficence, which is peculiarly becomhig a good
man, and eminently difplays thegoodnefs of his heart,
ought to be pradifed with thefe cautions ; fir(t, that it
don't hurt the perfons it is employed aboutor the com-
Kiunity. 2d]y, That it be proportioned to our for-
tunes, fo as not to exhauft its own fountain. 3diy,
That it be proportioned to the merits or claims of
others. Among thefe claims we regard, firft, the mo-
ral charadlers of the objetfls, and next their kind af-
£'6tions towards us, and thirdly the focial intercour-
fes we have had with them, and laftly the good offices
we formerly received from them. None of thefe con-
^derations are to be negledled, and lead: of all thelafl

* This Is taken from Cicero dc Officiis Lib. I. 14, i ;, &c»

Cli. 4* Natural Rights. igy

one ; fince tliere's no obligation more facred tlian
that of gratitude, none more iifeful in life; nor is
any vice more odious than ingratitude, or more hurt-
ful in fociety. \\ hen therefor in certain cafes we can-
not exercife all the beneficence we defire, offices of
gratitude (liould tnke place of other oDlces of libe-
j-ality.

xgS Adventitious Rights Book IT.

CHAP. V.

0/Real Adventitious Rights ajid
Pro perty.

THE adventitious rights conftituted by fome hu-
man deed or inftitution are either real or per-
fonal. The real terminate upon Tome certain definite
goods : the perfonal terminate upon fome perfon, not
peculiarly refpeding one part of his goods more than

any other. , r • c

The principal real right is property ; the ipring ot
which is this, Firft the external fenfes and appetites of
men naturally lead to the ufe of external things : and
the like fenfes in brute animals (who have no fupenor
faculties which could controUthefe fenfes and appetites)

lead to the fame : this fufHciently {hews that God has
gracioudy created things inanimate for the ufe of ani-
mal-life : now man is plainly the chief animal in this
earth. Refleaion confirms the fame; fince all thefe
curious vegetable forms muft foon perifh of their own
accord, and therefor could be intended for no other
ufe fo worthy of the divine goodnefs, asthatoffup-
porting animal life agreeably, and chiefly human life.

II. There's indeed implanted in men a natural
kindnefsandfenfeofpity,extendingeventotheBrutes,

which (hould reftrain them from any cruelty toward
them which is not necelTary to prevent fome mifery of
mankind, toward whom we muft ftill have a much
higher compaffion. But men muft foon difcern, as
they increafe in numbers, that their lives muft be

Ch. y. W Property. 139

exceedingly toilfome and uneafy unlefs they are affif-
ted by the beads fitted for labour. They mull alfo fee
that fuch beads of the gentler kinds and eafily tame-
able, whofe fervices men need moft, cannot be prefer-
ved without the provident care of men ; but rauft pe-
rifh by hunger, cold, or favage beafts : nor could men
unalTifled by work-beads, and over-burthened in fup-
porting themfelves, employ any cares or labour in their
defence. Reafon therefor will diew, that thefe trac-
table creatures fitted for labour are committed to the
care and government of men, that being prefcrved by
human care, they may make a compenfation by their
labours. And thus a comnmntty or fociety is plainly
condituted by nature, for the common intered both of
men and thefe more tradable animals, in which men
are to govern, and the brute animals to be fubjedl.

Such tradtable animals as are unfit for labours, mud
make compenfation to men for their defence and pro-
tedtion forae other way, fince their fupport too requires
much human labour ; as they mud have padures clear-
ed of wood, and be defended from favage creatures.
Men mud be compenfated by their milk, wool, or hair,
otherwife they could not afford them fo much of their
care and labour.

III. Nay, if upon the increafe of mankind they
were fo draitened for food, that many mud peridi by
famine, unlefs they feed upon the fledi of brute ani-
mals; Reafon will fugged that thefe animals, flaugh-
tered fpeedily by men for food, peridi with lefs pain,
than they mud feel in what is called their natural death ;
and were they excluded from human protedion they
mud generally peridi earlier and in a worfe manner by
hunger, or winier-colds, or the fury of favage beads.

140 Adventitious Rights BookiL

There's nothing therefor of unjuftice or cruelty, nay
'tis rather prudence and mercy, that men (liould take
to their own ufe in a gentler way, thofe animals which
Gtherways would often fall a more miferable prey to
lions, wolves, bears, dogs, or vultures.

Don't we fee that the weaker tribes of animals are
deftined by nature for the food of the ftronger and more
fagacious ? Were a like ufe of inferior animals denied
to mankind, far fewer of thefe animals fit for human
ufe would either come into life or be preferved in it;
and the lives of thefe few would be more expofed to
danger and more miferable. And then, the intereft of
the whole animal fyftem would require that thofe en-
dued with reafon and reflexion, and confequently ca-
pable of higher happinefs or mifery, fliould be prefer-
ved and multiplied, even tho' it occafioned a diminu-
tion of the numbers of inferior animals. Thefeconli-
derations abundantly evidence that right of mankind
to take the mofl copious ufe of inferior creatures, even,
thofe endued v/ith life. And yet all ufelefs cruelty to-
ward the brute animals is highly blameable.

IV. The grounds o^ property among men are of a
different nature. Compleat unlimited />;'^/>^r/>' is ^' the
'* right of taking the full ufe of any goods, and of alie-
^^ nating them as we pleafe." Some degree of ingenu-
ity and (Irength for occupying certain things, is grant-
ed by nature to every one ; mankind alfo naturally are
prone to action. Ourdefireof felf-prefervationand our
tender affedions excite us to occupy or acquire things
neceffary or ufeful for ourfelves and thofe we love : e-
very man of fpirit naturally delights in fuch exertion of
his natural powers, and applauds himfelf in the acqni-
fition of what may be matter of liberality and friendli-

Ch. 5f. , ^7/;i Paopertv. i^i

ncfs. Our fenfe of riglir and wrong alfo flicws, that it
mui\ be inhuman and ill-natiircd, for one who can o-
therways fubfifl by his own induftry, to take by vio-
lence from another what he has acquired or improved
by his innocent labours. 'Tis al(b obvious that the
fpontaneous fruits of the uncultivated earthare not fuf-
ficient to maintain the hundredth part of mankind ;
and that therefor it is by a general diligence and la-
bour that they muft be maintained. Whatever method
therefor is necelTary to encourage a general induflry
muft alfo be nccefTary for the fupport of mankind;
now without a property en fuing upon labour employed
in occupying and cultivating things fitted for the fup-
port of life, neither our felf-love, nor any of the ten-
der affedions, would excite men to induftry ; nay nor
even the moll extenfive benevolence toward all ; fince
the common intereft of all requires that all fhould be
obliged by their own neceffities to fome fort of indu-
ftry. Now no man would employ his labours unlefs
he were alfured of having the fruits of them at his own
difpofal : otherways, all the more a<flive and diligent
would be a perpetual prey, and a fet of flaves, to the
ftothful and worthlefs.

Without thus enfuring to each one the fruits of his
ov/n labours with full power to difpofe of what's beyond
his own confumption to fuch as are deareft to him,
there can be no agreeable life, no univerfal diligence
and induftry : but by fuch enfurance labours become
pleafant and honourable, friendfhips are cultivated,
and an intercourfe of kind offices among the good :
nay even the lazy and ftothful are forced by their own
indigence, to bear their ftiare of labour. Nor could
we hope, in any plan of polity; to find fuch a conftant

142 Adventitious Rights. Book IL

care and fidelity in magiftrates, as would compell all
impartially to bear their proper (hares of labour, and
make a diftributionof the common acquifition in jufl:
proportion to the indigence or merits of the feveral ci-
tizens, without any partial regards to their favourites.
And could even this be obtained in fa(5t, yet the citi-
zens could fcarcehave fuch confidence in their magi-
ftrates wifdom and fidelity, as would make their dili-
gence and labour fo agreeable to them, as when they
are ihemfelves to make the diftribution of their pro-
fits, according to their own inclinations, among their
friends or families.

143
CHAP. VI.
The Methods ^acquiring Property.

PRop E RT Y is either original or derived. The ori-
ginal property arifesfrom the firft occupation of
things formerly common. The derived is that which
is transferred from the firft Proprietors.

Whofoever either from a defire of preferving him-
felf, or profiting any who are dear to him, firft occupies
any of the fpontaneous fruits of the earth, or things
ready for human ufe on which no culture was employ-
ed, either by firft difcovering them with intention im-
mediately to feize them, or by any ad or labour of his
catching or enclofing them fo that they are more eafily
attainable and fccured for human ufe, is deemed juftly
the proprietor for thefe reafons ; that if any other per-
fon, capable of fubfifting otherways, would wreft from
him what he had thus acquired, and defeat and difap-
point his labours, he would plainly adl inhumanly,
break off all friendly fociety, and occafion perpetual
contention. What this perfon pretends to now, he
may attempt anew every hour : and any other perfon
may do the fame with equal right : and thus all a man's
pains in acquiring any thing may be defeated, and he
be excluded from all enjoyment of any thing unlefs he
perpetually defend hisacquifitions by violence.

'Tis trifling to imagine that property is any phyfical
quality or bond between a man and certain goods, and
thence to difpute that there's no fuch force or virtue
in firft efpying, touching, ftriking, or inclofing any-
thmg, as to conftitutc a facred right of property 5 or

jA^ Ways ^acqjjiring Book II*

to debate which of all thefe aaions has the grcateft
virtue or force. For ill all our inquiries into the
grounds or caufcs of property, this is the point in
queftion, '^ what caufes or circumftances (hew, that it
** is human and equitable toward individuals, and re-
'' quifite alfo to the maintainance of amicable focietjr,
^^ that a certain perfbn (hould be allowed the full ufe
" and difpofal of certain goods; and all others ex-
^^ eluded from it ? " and when thefe are difcovered,
our road is cleared to find out the caufes and rules
about property.

II. Th us therefor we (hould judge about the diffe-
rent methods of occupation: that'tis inhuman and un-
juft, without the mod urgent necelTity, to obflrua the
innocent labours others have begun and perlift in, or
by any fpeedier attempt of ours to intercept their na-
tural profits. If therefor any perfon in fearch for
things requifite for himfelf, firft difcovers them with
intention immediately to feize or purfue them; one
who had employed no labour about them, nor was
in fearch for them, would ad injuftly and inhumanly^
if by his greater fwiftnefs he firft feized them for him-»
felf. If feverals at once were fcarching for fuch things,
and at once difcover them by fight, they will be com-
mon among them, even altho'one fwifter than the reft
firft touched them ; unlefs by civil laws or cuftom fuch
points be otherways determined. If one firft efpics
them, and another confcious of his dcfign, but alfa
in fearch for fuch things for himfelf, firft feizes them,
the things will be common to both, or in joint pro-
perty: for there are no more potent reafons of hii-
manity on one fide than on the other. If one by his
labour or ingenuity inclofes or enfnares any wild ani-

Ch. 6. (j/* Property. f^j

mals, or fo wearies them out in the chafe that they
can now eafily be taken ; 'tis a plain wrong for ano-
ther to intercept them^ tho' ihe former had neither
fcen nor touched them. If it is known to many that
certain lands or goods iy common to be occupied by
any one ; and feverals, not confcious of each others
defigns, at once are preparing to occupy them, and
fet about it : by the cuftom which has obtained, he
that firft arrives at them is the proprietor. But, ab-
ftradting from received cuftoms and laws, fuch things
(hould be common to all who without fraud or impru*
dent negligence employed their labours in occupying
them, whether they came earlier or later ; and fhould
either be held in common, or divided among them in
proportion to expence and pains prudently employed
by each of them for this purpofe. Nay tho' each of
them were av/are of the deligns of the reft; 'tis right
that each (liould proceed and acquire a joint title with
others. Nor fliould thofe who without any fault of
their own came too late, or fuch whofc wife and vigo*
rous attempts have been retarded by accidents, be pre*
eluded from their (hare.

In fuch difputable cafes we fhould firfl: inquire what
reafons of humanity give the pieference to any one
above the reft ; and this chiefly, " that the natural
*^ fruits of no man's honourable or innocent labours
** fhould be intercepted; orany honeft induftriousat-
^^ tempts defeated." If this plea belongs alike to all,
the goods fiiould be deemed in joint property of all.
If fome accidents or circumftances make the point ve-
ry doubtful ; and fome forts of goods can neither be
held in common, nor divided or fold without great
•lofs ) we fliould follow fome implicite conventions of

K

146 Ways (?/" AcquiRiNG Book II.

men, appearing by the laws or cuftoms which prevail ;
and affign the property to him who has on his fide
fuch circumftances the regarding of which prevents
many inextricabJe difputes and violent contentions.
Hence it is that law and cuftom fo generally favour
the firft feizer, the publick purchafer, and the perfon
to whom goods have been publickly delivered* And
this conduces to the common utility.

If different perfons intending to occupy agree that
the whole (hould fall to him wha firft occupies ; they
aught alfo to fpecify the manner of occupation ; other-
ways different methods may be deemed equally valid,
and conftitute ajoint property, Tbefe rules feem the
moft conducive to peace*

Mo doubt inextricable queftions may arife about
what the fcveral parties infilling on their utmoft rights
may do, without being chargeable with injuftice. But
fuch as fincerely aim at ading the virtuous part, will
always eafily difcern what equity and humanity re-
quire, unlefs they are too much influenced by felfilh-
nefs. Nor have we reafon tocomplain, that, in thefe
and fuch like bafes, nature has not precifely enough
fixed the boundaries, to let us fee how very near we
may approach to fraud or injury, without adually in-
curring the charge of it ; when we are fo loudly ex-
horted to every thing honourable, liberal and benefi-
cent.

III. But as man is naturally endued with provident
forethought, we may not only juftly occupy what's re-
quifite for prefent ufe, but may juftly (lore up for the
future ; unlefs others be in fome extraordinary diftrefs.
There are alfo many things requiring a very long courfe
of labour to cultivate them; which after they are cul-

Ch. 6. ^Property. 147

tivated yield almofl a perpetual and copious ufe to man-
kind. Now that men may be invited to fuch a Jong
courfe of labour, 'tis abfolutely requifite that a conti-
nual property be allowed them as the natural refult
and reward of fuch laborious cultivation. This is the
cafe in clearing woody grounds for tillage or pafture;
preparing vineyards, oliveyards, gardens, orchards ;
in rearing or breaking of beafh for labour.

Property is deemed to begin as foon as one begins
the culture of what before was unoccupied ; and it is
compleated when the cultivator has marked out fuch
a portion as he both can and intends to cultivate, by
himfelf or fuch as he can procure to afFift him. As 'tis
-plainly injuft to obflru^t any innocent labours intend-^
ed, or to intercept their fruits.

But the abilities of the occupier with his afliftants
•muft fet bounds to his right of occupation. One head
of a family, by his firft arriving with his domefticks
upon a vaft ifland capable of fupporting a thoufand fa-
milies, muft not pretend to property in the whole..
He may acquire as much as there's any probability he
can cultivate, but what is beyond this remains com-
jnon. Kor can any ftate, on account of its fleets firfl:
arriving on a vaft continent, capable of holding feveral
empires, and which its colonies can never fufficiently
occupy, claim to itfelf the dominion of the whole con-
tinent. This ftate may juftly claim as much as it caqi
reafonably hope to cultivate by its colonies in any rea-
fonable time : and may no doubt extend its bounds be-
yond what it can cultivate the firft ten or twelve years ;
but not beyond all probable hopes of its ever being
able to cultivate. The juft reafonablc time to be al-
lowed to the firft occupiers, muft be determined by

K 2

148 Ways of acquiring Book II.

prudent arbiters, who muft regard, not only the cir-
ciimfhrices of this Hate, but of all others who may be
concerned, according as they are more or lefs popu-
lous, and either need new feats for their colonies, or
have already fufficient lands for their people. If many
neighbouring ilates are too populous, they may juftly
occupy the uncultivated parts of fuch a new difcovered
continent, leaving fufficient room for the firft occu-
piers ; and that without the leave of the firft difcover-
ers. Kor can the firft difcoverers juftly demand
that thefe colonies fent by other ftates ftiould be fub-
jeaed to their empire. 'Tis enough if they agree to live
amicably befide them as confederated ftates. May as
in a free democracy, 'tis often juft to prevent fuch im-
moderate acquifitions of wealth by a few, as may be
dangerous to the publick, even tho' thefe acquifitions
are a making without any private injuries : fo neigh-
bouring ftates may juftly take early precautions, even
by violence if neceflary, againft fuch acquifitions of
any one, as may be dangerous to the liberty and inde-
pendency of all around them ; when fufficient fecurity
cannot be obtained in a gentler way. Nothing can be
more oppofite to the general good of mankind than
that the rights, independency, and liberty of many
neighbouring nations ftiould be expofedto be tramp-
led upon by the pride, luxury, ambition, or avarice of
any nation.

'Tis plain however, that both individuals and focie-
ties fnould be ailov/ed to acquire ftores of certain
goods far beyond all their own confumption ; fincc
thefe ftores may ferve as matter of commerce and bar-
ter to obtain goods of other kinds they may need.
IV. From thefe principles about property it ap-

Ch. 6. c/" Property. 1^9

pears, that fuch things as are inexhauftible by any ufe,
are not matters of occupation or property, io that o-
thers could be excluded from them : for this further
reafon too, that fuch things can fcarce be improved
by any human labour. If indeed for the more fafe ufe
of any of them labour or expences are requifite ; thofe
Avho wifely employ labour or expencefor this purpofe,
may judly require that all others who ufethem fhould
in a ju(t proportion contribute to make compenfation.
The a/r^ the I/g/^ty rujin'mg nxiater^ and the ocean are
thus common to all, and cannot be appropriated : the
fame is the c^fe oi Jlraits or gulphs. And yet if any
flate is at the expence to build fortified harbours or to
clear certain feas from Pyrates for the behoof of all
traders, they may jufily infifl: on fuch taxes upon all
traders who fliare the benefit as may proportionally de-
fray the faid expences, as far as they really are for the
benefit of all traders, but no further. Now no man
fhould be excluded from any ufe of things thus defti^
ned for perpetual community, wilefs this ufe requires
alfo fome ufe of lands which are in property,

Thefe reafonings alfo ihew that all things were left
by God to men in that community called negative^
not pofithe. Negative conwiunity is ^^ the ftate of
** things expofed to be appropriated by oc^pation."
Pofitive community is " the (tate of things in the joint
*^ propertyof many :" which therefor no perfon can
occupy or acquire without the confent of the joint pro-
prietors. At fird any one might juftly have occupied
what he wanted, without confuting the rcftof man^
kind ; nor need we have recourfe to any old conven-
tions of all men; to explain the intrpdudion pf pro^
perty.

K 3

IjcJ Ways <?/" acquiring Booklt,

V. The goods called by the Civilians r^r niilliuSy
which, as they fay. are not in property, and yet not ex-
pofed to occupation; ^ fuch as temples, the fortifica-
tions of cities, and burial-places, are truly the proper-^
ty either of larger focieties, or of families ; altho' this
property is often fo reftrifted by fuperftitious laws, that
It can be turned to no other ufe. *Tis vain to imaging
that any fuch things afford ufe to the Deity, or that his
fupreme right over all can be enlarged or diminifhed
by any human deed.

The goods belonging to ftatesf are not in the pro-
perty or patrimony of any individuals, nor come into
their commerce. But they are the property of the com-
munity, which may transfer them as it pleafes. Such
are publick theatres, high-ways, porticos, aquedu(5ls^
bagnios.

Things formerly occupied may return into the old
ftate of community if the proprietor thrpw them away,
or abandon his property; and this intention of aban-
doning may fometimes fufficiently appear by a long
negled of claiming it, when there's nothing to obftrudt
his recovery. A long poifefTion in this cafe will give
another a juft title. Goods unwillingly loft fall alfo to
the fair polTe (for, when the proprietor cannot be found.
There are alfo other reafons why civil laws have in-
troduced other forts oi prefer ipt ion X^ot the common
utility, and to prevent inextricable controverfies.

In the occupying of lands, a property is alfo confti-^
tuted in fuch things as cannot be ufed without fome
ufe of the ground; fuch as lakes, and rivers as far as

* Oft^efe there are 3 ch{Tts, facrae^fanBae, rcUpofae, Of
which follow three examples in order.

■f Res publicae, ox res fopidi. \ Ufucapo,

Ch. 6. ^Property. 151

they flow within the lands in property ; nay fuch parts
alfo of things otherwife fit for perpetual community,
as cannot be left open to promifcuous ufe without in«
dangering oar properly ; fuch as hays of the fea run-
ning far into our lands, and parts of the ocean conti-
guous to the coaft, from whence our pofTefnons might
be annoyed. But by occupying lands we acquire no
property in fuch wild creatures as can eafily withdraw
themfelves beyond our bounds, and are no way inclof-
ed or fecured by our labour. And yet the proprietor
may juftly hinder others from trefpafllng upon his
ground for fouling, hunting, or fifhlng.

All natural, accidental, or artificial improvements,
or adventitious increafe, are called acceffions, fuch as
fruits of trees, the young of cattle, growth of timber,
and artificial forms. * About which thefe general rules
hold, I. ^' All acceffions of our goods which are not
^^ owing to any goods or labours of others, are alfo
*^ our property ; unlefs fome other perfon has acquir-
*^ ed fome right which limits our property."

2. When without the fraud or fault of any of the
parties, the goods or labours of different perfons have
concurred to make any compound^ or have improved
any goods, ^^ thefe goods are in joint property of all
*^ thofe whofe goods and labours have thus concurred ;
*^ and that in proportion to what each one has contri-
*' buted." Such goods therefor are to be ufed by them
in common, or by turns for times in the faid propor-
tion, or to be thus divided among them, if they will
admit divifion without lofs.

* FniHus, incremental alluviones, commixtiones, confufiones^
fpecificationes. The explication of all thefe may be found ia
any compend of civil law, or law di^ionary*

K4

152 . «?/Propertv, BookIL

3. But if they admit no fuch common or alternate
life, or divifion, they to whom they are leaf!: necelTary
(honld quit their fharcs to the pcrfon v/ho needs them
moil, for a reafonable compcnfation, to be eflimated
by a perfon of judgment and integrity.

4. When by the fraud or grofs fault of another, his
goods or labours are intermixed with my goods, fo that
they are lefs fitted for my purpofe; the perfon by
xvhofe grofs fault this has happened is bound to com-
penfate my lofs * or make good to me the value of
my goods, nay f ail the profit I could have made had
they been left to me entire as they were; and let
bim keep to himfelf the goods he has made unlit for
my purpolt\ But if by the intermedling of others my
goods are made more convenient for me, my right re-
mains ; and I can be obliged to compenfate to them
no further than the value of the improvement to my
purpofes, or as far as I am enriched.

Full property originally contains thefe fevcnl rights :
firft, that of retaining pofleflion, 2. and next, that of
taking all manner of ufe. 5. that alfo of excluding o-
thers from any ufe; 4. and laftly, that of transfer^
ring toothers as the proprietor plcafes, either in whole
or in part, abfolutely, or under any lav/fui condition,
or'upon any event or contingency, and of granting a-
jiy particular lawful ufe to others. But property is fre-
quently limited by civil laws, and frequently by the
deeds of fome former ps^oprietors.

* This pcnfatio-damni, whicli is often due when thtre was
no fraud in the cafe.

f F.enfare quod intcrcfl, which always includes the former,
Sind often extends much t^urtlier.

^5i

CHAP. VII.
^Derived Property.

np HE derived rights are either real or perfonaL
-*- The materials whence all real rights anTeis our
property. Perfonal rights are founded on oui- natural
liberty, or right of ading as wechoofe, and of mana.
ging our own affairs. When any part of thefe original
rigl-its IS transferred to another, then a perfonal rlnht
is conftituted.

To apprehend this diftindlion, which has place in
the law of nature, as well as in civil law, 'tis to be ob^
ferved, that the common intereft of all conftantly re-
quires an intercourfe of offices, and the joint labours
of many : and that when mankind grow numerous, all
necelfaries and conveniencies will be much better fup-
plied to all, when each one choofes an art to himfelf
by praaice acquires dexterity in it, and thus provides
himfelf great plenty of fuch goods as that art produ-
ces, to be exchanged in commerce for the goods pro-
duced m like manner by other artlfans ; than if each
one by turns pradifed every neceffary art, without
ever acquiringdexterity in any of them.

' Tis plain too, that when men were multiplied con-
iiderably, all lands of eafy culture muft foon have been
occupied, fo that there would none remain in com-
nion ; and that many could find none to occupy for
their fupport, fuch perfons therefor would have no
Pther fiind than their own bodily ftrength or inge-

tr^ Derived Property. Book II.

nuity, that by their common or artificial labours they
might procure neceflaries for themfelves : the more
opulent too, for their own eafe, would more frequent-
ly need the labours of the indigent, and could not with
any confcience exped them gratuitouQy. There muft
therefor be a continual courfe of contrafls among
men, both for the transferring of property or real
rights; and the conftituting claims to certain fervi-
ces, and to certain quantities or values, to be paid in
confideration of thefe fervices; which are perfonal

rights. . '

Now it would bften happen that a proprietor with-
out entirely transferring his property in lands or other
goods, would yet confent fo to fubjeft them to certain
claims of his creditor, that unlefs the debt be difcharged
at the time agreed, the creditor by the poflefTion or fale
of fuch lands or goods might fecurehimfelf: by a tranf-

aaion of this kind a real right is conftituted. Some-
times the creditor would have fuch confidence m the
wealth and integrity of his debtor, that he would de-
mand no fuch real kcMr\x.y as a pledge or mortgage,
but accept of a perfonal obligation, which had no more
peculiar refpeft to any one piece of goods or proper-
ty of the debtor than another. In like manner ; from
any damage done there would arife only a perfonal
right. But farther, when it was found abfolutely ne-
celTary to maintain the faith of commerce, certain pu-
blick and notour forms have been received, to make
full tranOation of property : which muft have a ways
been deemed fo valid and facred, that no prior latent
contraas with others could defeat them. Were not
iMch forms thus agreed upon, no man would buy any
thing; fince he could have no fecurity that it would

Gil. 7. Derived pROPERTr, ff^

not be wrefted from him by a third perfon upon fome
prior latent contra^. A good man no doubt wiJl fa-
credly regard all his contra(^ts and obligations perfo-
nal or real; and avoid what may defeat any riqht of
another of any kind. But there's fuch a neceffity of
maintaining the faith of publick commerce,* that all
contraclsentered into publickly and without fraud, in
order to transfer real rights, muft take place of latent
contrads and perfonal rights, tho' prior in time.

IL De RIVE D real rights are either certain parts of
the right of property, fubfiding feparately from the
reft; or compleat property transferred. The parts
which often fubfift feparately are four, the r/g6fs ofpof-
fefing what one obtains without force or fraud ; tht
rights of heirs in entail; the rights of i\\Q pledge or
mortgage; ^nd fervitudes.

He that pofTeffes the goods of another without fraud
or violence, either knows that they are the property^
of others; or upon probable ground believes them to
be his own. And this latter is the honae fidei pojfejfor
or the prefumptive proprietor.

Whofoever by fraud or violencepofTe/Tes the goods
he knows belong to others, has no manner of right.
The proprietor, or any other honeft man for the pro-
prietor's behoof, has a right to demand and take
them from him by force, to reflore them to the pro-
prietor. But when we get pofTeffion of any goods with-

* Whatever may be determined by human laws or courts,
there is no natural foundation in juftice for preferring the
pLdge or mortgage as to any loans made after he knew the
debts due to others, and fufpefted that they were in dan<ret
©f lofing them, . ^

1^6 Derived Property. Book II.

out fraud or violence, which we know belong to o-
thers, (as when one finds goods loft at land, or wrecks
at fea), thefe v/e may detain till they are claimed by
the proprietor, or fome perfon commiflioned by him ;
and if no fuch perfon ever appears, the goods fill to
the poirefTor, But in fuch cafes the poffeffor is bound
to give publick notice that he has found fuch goods,
and is ready to reftore them to the owner : to conceal
them would be equal to theft. But I:ie may juftly in-
lift to have all his prudent charges in the keeping or
advertifing them refunded to him.

The obHgations on the prefumptive proprietor are,
firft to reftore to the owner the goods, with all their
unconfumed fruits, profits andincreafe.

2. If the goods or their increafe be confumed, to
refund to the value of what he is inriched by the ufe
of them, in fparing fo much of his own property ; or
as much as it can be deemed valuable to him to have fo
long lived with more elegance or pleafure, confidering^
his circumftances. For 'tis a juft maxim, that *^ no per-
**^ fon fliould derive to himfelf any pleafure or advan-
^^ tage at the expence of another without his con-
'' fent."

3. If both the goods and their increafe have pe*
rifhed by accident, the prefumptive proprietor who
holds no profit by them is not obliged to make good
the value: nor is he accountable for fuch profits as
he negleded to take : for he ufed thefe goods believ-
ing them to be his own, even as he would have ufcd
his own. Butoneceafes to be deemed prefumptive pror
prietor as foon as he has any probable intimation that
the goods are not his own, by any plaufible claim put
in by another ; and whatever is culpably loft, fquan-.

Ch. 7. Derived Property, j^y

dered or grofly neglefted tliereafter he is bound to
make good.

4. When the prefumptive proprietor reftores to the
true owner any goods he bought or obtained for valu-
able confideration; he may juftiy infift to have the
price or confideration reftored to him by his author
or the perfon from whom he obtained them. '

5 • Where this perfon is bankrupt, or can'l be found
the caufe of the prefumptive proprietor is as favourabk
as that of the true one. Nor does the true proprietor
hold by any title more facred than by purchafe, fuc-
ceffion, teftament, or donation, which are the ordinarv
foundations of the true property, as well as of the pre-
fumptive. And fince a certain lofs muft fall uponone or
both parties, nor is there any reafon of publick intereft
pleading for one more than the other; the lofs Ihould
be equally divided between them, unlefs fome reafons
ot humanity recommend a different decifion ; efpecial-
ly lince it often happens, that the prefumptive proprie-
tor has done a moft valuable fervice to the proprietor
m purchaCng his goods, which otherways might have
been loft to him for ever. If one pleads the general ad-
vantage of making purchafers look well to their titles
that they may not purchafe goods injurioufly obtain'
ed : tis on the other hand an equal publick advantage
that the proprietors be made more vigilant about their
goods, left when they are loft or ftollen through their
negligence, fair purchafers may be involved in lolTes
by their means.

_ 6. Where the prefumptive property has been ob-
tamed gratuitoufly, and the goods are claimed by the
true owner, they muft be reftored. Nor has the per-

Ug Derived Rights. BookIL

fon who got them gratuitoufly in this cafe any recourfe
for their value.

III. Concerning the right ofheirs in entail, thelc
points feem clear ; that one who has full property may
transfer his goods to any perfon upon any contingen-
cy, or under any lawful conditions. The right there-
for of perfons in remainder is as facred as any right
founded in donation : nor is it lefs inhuman to hinder
the proprietor to convey his property to a perfon dear
^o him,upon any contingency, than to hinder a friendly
immediate donation , or conveyance to his firft heir up-
on thf event of his death. It is no lefs inhuman to de-
feat the hopes of the fecond or third in remainder,
-without any demerit of theirs, than to intercept other
donations to friends. And yet there may be prudent
reafons why civil laws fhouid prevent making fuch per-
yerual entails as may be very inconvenient to the feve-
-ral fucceffors in their turns, or pernicious to the com-
■munity ; even as courts of equity often make void pro-
digal and inconfiderate donations.

IV. For further fecurity to creditors pledges and
mortgages were introduced, or goods fo fubjcded
to the power of the creditor * that, if the debt
is not difcharged at the time prefixed, the goods
ihould become the property of the creditor. In thii!
there would be no iniquity, if the creditor in fuch
cafes were alfo obliged to reftore to the debtor what-
ever furplus of value there was, upon a juft efti-
mation of the goods, beyond the fum of the debt.

* This claufe is called kx commijforia, or the claufe of en-
tire forfeiture.

Ch.7. Derived Rights. yja

• Where fuch real fecarity is given, it takes place of
all prior debts, which have not been publickly intimat-
ed before the mortgage. Nor can prior creditors
ju% complain : let them blame themfelves that they
infifted not on higher fecurity, and thus are poftpon-
ed to creditors who ufing more caution infifted on
higher and who had no notice of their prior claims.
. V. T H E laft clafs of real rights are fervitudes, that
IS rights to fome fmall ufe of the property ^f o-
thers;" which generally arife from contradls : or
from this that in the transferring of property they

fromcri/^'"!'i,'/ *^2ranter; 'or Lltimel
from civil laws. All fervitudes are real rights, termi-
nating upon fome definite tenement. And yet with
regard to the>^>^ they belong to, and noi the at
jea they terminate upon, they are divided into real
^ndper/ina/ Thc/>er/om/ are conftituted in favour
of fome perfon, and expire along with him : the real
areco„ft.tuted for the advantage of fome tenement,
and belong to whatever perfon poffeires it. + An in-
fiance of the former is tenantry for life impeachable
for wafte. The real fervitudes are either upon ton.„.
t<^nements, ov farms in the country. Inftances of the

* Here no mention is made of the difference between the
M"us. and hypotheca as in the original. Our words »Wf, and

^.r,iv,^.do„yullyexprefii^i>.;f.„^sIikeamo^tyS
pofleffion. ..ihypothua. one without pofTeffion. whetheTlf
lands or moveables. ."""ucror

t The feveral fervitudes mentioned in the original could

not have been explained to an Englift reader without a very

ed.ous and ufelefs difcuflion. as the Roman fervitudes diffeZ

•jgo Derived Rights. Book II.

former are the rights of putting beams or rafters int6
a neighbouring gable or wall ; a right that our en-
dows" ftall not be obftruaed by any building in the
adjacent tenement ; and fuch like. The rural fervi-
tudes, are chiefly that of roads for paflTage or carnages,
or of little channels for rivulets, brought through *
neighbouring fai'in.

i6i

CHAP. VIII.

T/pe Methods ^transferring Property^
Contracts, Succession, Testaments*

Property may be transferred, either by the vo-^
hmtary ^d'^'^ of the former proprietor, or with-
out any deed of his, by appointment of la^jj either na-'
tnral or civil : and in each of thefe \vays it is tranf-
ferred either a?7iong the livings or upon the event of
death.

By the deed of the proprietor among the living, pro-
perty is transferred oixtYi^v gratuitoufly in donations j
or for valuable confderatio?i in commerce^ wherein a
price, or goods of equal value, or rights, are tranf-
ferred in confideration of it. This power ofalienat-
ing, we formerly fliewed, is included in the right of
property. We treat of contradts and commerce here-*
after.

II. By the deed of the proprietor upon the event
of death property is- transferred in teftaments or lafl--
n^villr. According to the law of nature ** any decla-
'^ ration of a man's will how his goods fnould be
^' difpofed of upon the event of his death," is a va^
lid tcftament ; provided there be fufficieht docu-
ments or proof made of this will. For that of which
no proof can be made mult be deemed as if it were
not. *^

The nature of property itfelf, and the known in-
tention of mankind in their acquiring goods beyond

L

J ^2 Transferring Book II.

their own ufe, ibat they may contribute to the happl-
nefs of fiich as are deareft to them, (hew that the wills
of the deceafed which contain nothing iniquitous
Ihould be obferved. 'Tis cruel and inhuman, and de-
ftrudive to induftry to hinder men to transfer as they
incline what they have acquired by their innocent la-
bours, and that upon any contingency. It would be
difagreeable and often highly inconvenient to oblige
men while they are living, and perhaps in good health,
to make irrevocable conveyances of their property to
their kinfmen : It would alfo be cruel to deprive the
dying of this fatisfadion that their acquifitions fhould
be of advantage to their friends : it would be inhuman
toward the furviving friends, the heirs or legatees, to
fruftrate or intercept the kindneffes intended them by
the deceafed. Without regard therefor to the meta-
phyfical fubtiluies of fuch as objea, that 'tis ahjurd
menjhoidd then be deemed to ^ill afid a^ nxihen they
become incapable of n^ill or aaion, we conclude that
the law of nature grants this power of difpofing by

will.

But as many obligations both of a perfect kmd,
and fuch as are pretty near of equal fandiity, muft be
difcharged out of our goods, all juft debts muft be
paid, our children, or indigent parents maintained :
wills are therefor juftly made void as far as they in-
terfere with thefe obligations. IS ay tho' there were
no furviving parents or children, 'tis reafonable that
other near indigent kinfmen, who have given no juft
caufe for their being thus negleded, fhould be admit-
ted to certain (hares of the fortune of the deceafed,
even contrary to an inhuman capricious will. The
Iqw of nature too as well as civil laws invalidate

Ch. 8. ^Property. 163

any thing in wills which may be detrimental to the
community ; and enjoin that wills be made with fuch
folemn forms and circumftances as may be necef-
fary to prevent forgeries : and, where thefe forms
are omitted without neceffity, deems the will to be
void.

III. Property is transferred a?nong the livings
even againft the will of the proprietor, by appoint-
ment of law, for the performance of whatever the
proprietor was (Iri611y bound to perform, and yet
dechned. This branch will be more fully explain-
ed when we treat of contrads, and the rights ari-
fing from damage done either injurioufly or without
a crime, and the manner of profecuting our juft
rights*.

Upon the eve fit of death, without any deed of the
proprietor, property is transferred by the law in the
fuccefions to the inteftate. The natural grounds of
which are thefe : 'tis well known that the intention of
almofl: all mens acquifitions beyond their own ufe,
is to profit thofe whom they love. This univerfally
known intention of mankind is a continual declara-
tion of their will : now according to the general tem-
per of mankind, our children and near kinfmen are
deareft to us, and 'tis for them we univerfally endea-
vour to obtain not only the neceifary fupports, but
even the pieafures and ornaments of life. Nay God
and nature, by making thefe tyes of blood bonds alfo
of love and good-will, feems to have given our chil-
dren and kinfmen if not a perfcd claim or right, yet
at ieaft one very near to perfe(fl:, to obtain not only

^ Chap. XV. of this book,
J. 2

164 Transferring Boak IL

to the neceiTary fupports, but even the conveniencies
of life from their wealthy parents or kinfmen, unJefs
they have forfeited it by their vitious behaviour. 'Tis
therefor cruel to deprive men of this general confola-
tion upon the event of fudden death, againft which no
man can take certain precautions, that the fruits of
their induftry (hall fall to their children or kinfmen.
And 'tis plainly cruel and unjuft to defeat thefe rights
of children and kinfmen which God and nature have
given them.

]Say where the cuftom has prevailed of admitting
children and kinfmen to fucceed ; 'tis juftly prefumed
that this was the very intention of the deceafed. And
this right of fucceffion has the fame foundation in juf-
tice with teftaments.

Where there are no children or very near rela-
tions, like arguments of humanity would plead for
friends, if it were known that any fuch had been
Angularly dear to the deceafed. But where by cuf-
tom or law the remoteft kinfmen are preferred to
friends; 'tis prefumable that this was the intention
of the perfon deceafed, unlefs proof can be made
of his hatred to his kinfmen. The.caufes of this law
or cuftom prevailing every where, are thefe ; that
nature almoft univerfally endears our kinfmen to us ;
that 'tis eafy to compute the degrees of kindred, but
impoffible thofe of fiiendfhip; and that we fo fre-
quently fee that men who feemed mod to delight in
the company of friends and not of kinfmen, yet when
they declare their own will about their goods, they
leave them almoft always to kinfmen.

Kinfmen ftiould fucceed according to their proxi-
mity, thofc of equal degrees equally. Firft our chil-

Ch. 8. <9/"Property. i6^

dren, among whom grandchildren by a child deceafed
fliould be admitted, at leaft to the (hare their parents
would have had : nay fometimes humanity would ap-
point them a greater (hare, where many fuch orphans
are in Hraits. Along with children Tome fhare is due
to indigent parents, at leall as to the neceflTaries of
life ; nay brothers in diibefs fliould have fome fhare.
When there are no children or parents furviving, bro-
thers and fillers, with the children of any fuch deceaf-
ed, at leafl for their parents ihare, fliould be admitted :
and when none fuch furvive, coufin-gcrnians by bro-
thers or liflers, and their poflerity,

IV. Th e conflitution and civil laws and cuRoms of
fome ftates may require that a far larger fhare of the
goods of perfons deceafed fliould go to fons or other
heirs male, than what goes to daughters, or to females
in the fame degrees with the males, and to the eldefl of
males beyond what goes to the younger. And yet there
can fcarce be any reafon for that vaft difference made
on thefe accounts in many nations. The law of nature
fcarce makes any difference among perfons in equal de-
grees on account of fex or feniority : nor does it efta-
blifh the lineal fucceffion, where fome one mufl: always
as it were fuflain the perfon of the deceafed and fucceed
to his real eftate. This fucceflion is wholly a * human
contrivance, and ofien abfurd and iniquitous. In the
firft degree all other differences yield to that of the fex.
But in the fecond and remoter degrees, both the pre-
eminence of fex in thefucceifors themfelves and fenio-
rity, give place to the preeminence of fex and the fenio-

* This lineal rucceflion to private fortunes has manifcflly
been introduced by the Feudal laws of the Lomhrrds,

L 3

l66 Transferring, i:^c. Book H.

rity of the deccafed parent, fo that an infant-grand*
daughter or great grand-daughter by an cldeft Ton de-
ceafed takes place of a grandfon of mature years and
wifdom by a fecond fon, nay of the fecond foil
himfelf. And the like happens among nephews and
nieces and their children, in fucceeding to the fortunes
of their uncles : and in the fuccedlons of coufms-ger-
main or more remote.

s

167

CHAP. IX-
0/ Contracts in general.

In c E a perpetual commerce and mutual aids are
^ abfolutelyneceflTaryforthefubfiftenceofmankind,

not to fpeak of the conveniencies of life, God has in-
dued men not only with reafon but the powers ot
fpeech ; by which we can make known to others our
fentiments, defires, affeaions^defigns, and purpofes.
For the right ufe of this faculty we have alfo a fublime
fenfe implanted, naturally ftrengthened by our keen
defires of knowledge, by which we naturally approve
veracity, fincerity, and fidelity; and hate falHiood,
difFimulation, and deceit. Veracity and faith in our
engagements, befide their own immediate beauty thus
approved, recommend themfelves to the approbation
and choice of every wife and honeft man by their ma-
nifeft neceifity for the common interefl: and fafety;
as lies and falfhood are alfo manifeftly deftruftive in

fociety. .

In an intercourfe of fervices, in commerce, and in
joint labour, our fentiments, inclinations and defigns
muft be mutually made known : and " when we affirm
" to others that we will pay or perform any thing,
<' with that profelTed view, that another (hall pay or
'' perform fomething on his part,'' then we are faid to
promife or contra^. A covenant or contrad is the
'' confent of two or more to certain terms, with a view
'' to conftitute or abolilhfome obligation." Nor does

L 4

i6S Contracts />^ GENERAL. Book IL

the law of nature diftinguifh between * contraas and

pa6iio?2S,

Contrads are of abfolute necefEty in life, and fo Is
the maintaining of faith in them. The moft wealthy
muft need the goods and labours of the poor, nor ought
they to expedl them gratuitoufly. There mud be con-
ferencesand bargains about them, that the parties may
agree about their mutual performances. Suppofe all
men as juft and good as one could defire, nay ready
for all kind offices : yet without contrads no man can
depend upon the affiftance of others. For when I need
the aid of a neighbour, he may be engaged in fome
more important fervices to a third perfon, or in fome
fervices to thofe who can give him a recompenfe more
requifite in his afTairs.

The facred obh'gation of faith In contra^s appears
not only from our immediate fenfe of its beauty, and
of the deformity of tiie contrary, but from the mif-
chiefs which muft enfue upon violating it. 'Tis plain-
ly more contrary to the focial nature, and frequently
a bafer injury, to break our faith, than in other equal
circumftances to have omitted or declined a duty we
owe another way. By violating our faith we may quite
defeatthedefigns offuch as trufted to ourintegrity, and
might have otherwife obtained the aid they wanted:
and, from the neceffity of commerce, it muft appear,'
that the rights founded on coniradls are oUhQ perfe^
fort, to be purfued even by force. The perfidious
for his part breaks off all focial commerce among *
men, ^

* The difference between contraaus and paBum is found In
iny Civil-law-didlionary.

Ch. 9« Contracts /;; GENERAL. i6o

IL And further ; tho' a good man would not take
any advantage of another's weaknefs or ignorance in
his dealings, nay would frequently free another from
a bargain which proved highly inconvenient to him,
and not very necefTary to himfelf, provided any lofs
he fuflained were made good ; yet there's fnch a ma-
il ifefi: necefTity of maintaining faith in commerce, and
of excluding the cavils which might be made from

fomefmaller inconveniences to one or other of the par-
ties, that in the proper matters of commerce, the ad-
min iftration of which the law of nature commits to hu-
man prudence, our covenants tho' rafhly made muft
be valid, andconftitute at leaft fuch external rights to
others, as muft for the common utility be maintained,
tho' perhaps a good man would not infifl: on them. But
if the perfon who claims them perfifts in his claim to
the utmoft, we can have no right to oppofe him vio-
lently; but ought to obferve our covenants; accord-
ing to an old rule, that '^what ought not to have
'' been done, yet in many cafes when done is obli^^a-
'' tory."

The proper matters of co7n7?ierce are our labours and
goods, or in general, all fuch things as muft be frequent-
ly interchanged among men for the intereft of fociety ;
and by a commerce in which we neither diredlly vio-
late that pious reverence due to God, nor the perfe(5l
right of another; and about which no fpecial law of
God deprives us of the right of tranfading.

III. We muft diftinguifn from contrads the bare
declarations of our future intentions ; which neither
transfer any right to others nor bind us to continue in
the fame purpofe. What come nearer to contrafls are
thefe imperfecl fromifes^ in which from cuftom 'tis un-

170 Contracts i/^ GENERAL. Book II.

derftood, that we convey no right to others to oblige
us to performance, but only bind ourfelves in honour
and veracity ; and that too only upon condition, that
the perfon to whom we make fuch promifes fo behave
as to be worthy of the favour defigned him, and don't
by his bad conduft give us juft caufe of altering our in-
tentions : and in this point the promifer referves to
himfelf the right of judging; nor does he bring him-
felf under an higher perfect obligation, than that of
compenfating any lofs the other may fuftain, even tho'
he (hould without caufe alter his purpofe. ^

IV. The circumftances to be confidered in explain-
ing the nature of contraas and the juft exceptions a-
gainft their obligation, relate either to the underjland-
ing, or the <willj the two internal principles of adion,
or the matter about which they are made.

As to the underjianding'y the common interefl:, as
wellashumanity,requires,thatnoperfonfhouldfuftain

any damage on account of any ignorance in his own
affairs which is no way faulty. And hence the contradls
of minors unacquainted with the nature of the bufmefs,
are not obligatory ; nor of thofe feized with madnefs
or dotage, nor of ideots, nor even of men quite difor-
dered by drunkennefs fo as to have loft the ufe of their
reafon. And altho' there may be a great crime in drun-
kennefs which may juftly be puniihed ; yet this is no
reafon why the fraudulent and covetous fhould be al-
lowed to make a prey of them. The cafe is very diffe-
rent as to crimes or injuries done by men intoxicated.
For tho' we are not bound with refpcd to others to
preferve ourfelves always in a condition fit for tranfac-
tingof bufinefs, yet we are bound to preferve ourfelves
innocent continually, and to avoid doing injuries. 11

Ch. 9* Contracts //^ GENERAL. 171

one of the parties was not aware that the other was
intoxicated ; this later will be bound to make good a-
ny lofs the other fuftained by his nonperformance of
the contract. But there are many degrees of intoxica-
tion, fome of which tho* they may abate our caution
and prudence, yet don't deprive us of the necelTary ufe
of reafon. If all thefe degrees alfo made contraas
void, there could be no fure tranfaclions among men.
Queftions concerning thefe degrees, muft be decided
in the feveral cafes by the judgment of prudent arbi-

trators,

The fame might be faid concerning the imprudence
of youth, previous to civil laws: fince the degree of
prudence requifite for commerce appears in different
perfons atverydifferent ages. Thattherefor commerce
may be afcertained, and fuch endlefs evafions prevent*
ed, 'tis abfolutely neceiTary that in every fociety fomc
certain age be agreed upon, to which whofoever at-
tains mult be deemed his own mafter, and capable of
managing his own bufmefs. This age muft be deter-
mined with this view, that as few as pofTible of ripe
judgment be excluded from the adminiftration of their
own affairs, and yet as few as poffible admitted before
the maturity of judgment. The medium fixed by the
Roman law is as good as any ; that minors before four-
teen years of age in males, and twelve in females,
fhouldhaveno management of their affairs, but be un-
der the natural guardianlhip of their parents ; or, if
they are dead, under that of the guardians their pa-
rents or the law has appointed : and after thefe years,
till twenty-one, or as it was in their earlier times, till
twenty-five, they ftiould be fo fubjeded to curators,
that no deed of theirs intended to bind themfelves or

172 Contracts in general. Book IL

their fortunes, (hould be deemed valid without the con-
fcnt of their curators.

'Tis on one hand unjuft that minors fiiould fuftain
lofTes in contracfts ; but 'tis on the other hand unjud
that they (hould be enriched at the expcnce of others.
If therefor any contrail has been made with them, and
fomething paid or performed by the otiier party, if it
is not detrimental to them to confirm the contracSt,
they ought to do it when they come to maturity : if it
be found detrimental, they (hould re(tore or compen-
fate what was received on that account, or as far as
they were profited. Minors before the legal years often
have fufficient judgment in certain matters ; and when
it is fo, nor was there any thing fraudulent or faulty
on the other fide, they are bound before God and their
own confciences by their contrads^even as the adult.
When parents or curators are at hand, one can
fcarce without a grofs fault enter into any important
contracts with a minor without their confent. As ge-
nerally the pafSons of the young are impetuous and
incautious ; they are rafh in promifing, keen in their
defires, improvident, liberal, full of hopes and void of
all fufpicion.

V. He who was engaged into a contradl by any mif-
take or error about the very nature of the objecl: or
goods, or thefe qualities which are chiefly regarded in
them, is not bound : and whatever he has paid on that
account fhould be reflored. But no man has this plea
who was engjged only by a fecret exped:ation of fuch
qualities as he did not openly infift on, or of fuch as
are not commonly expeded in fuch goods. If the
miflake was about fome different matter or event,
which moved him to the bargain ; when the miftake is

Jb. 9* Contracts /;; GENER.^L. 173

ifcovered, humanity may require It of the other party
) fet him free, cfpecially if he is ready to compenfate
ay damage occafioned by his miftake. But this is not
matter of perfect obligation, unlcfs the perfon in
:ie miftake made it an exprefs condition of the bar-
ain.

The nature of the goods, and the qualitys upon
'hich their value depends, andthedefeds of fuchqua-
tys, are, as they fpeak, ejfential points in contracts.
V^here one of the parties has been in a miftake about
lem he is not bound. Where the miftake has been
nly about the current price ; the perfon deceived and
jftaining the lofs has a perfed right 10 have the price
educed to equality; which if the other party refufes
he bargain may be made void.

Whoever by any fault or rafhnefs of his caufed the
ilftake of the other party, or fell into a miftake him-
?lf, is bound to compenfate any lofs the other there-
y fuftains : but he that dealt fraudulently, is bound
jrther to make good any profit the other could have
lade, had the bargain been executed with integrity*,
^ny promifes or contrails obtained from us by the
raud of the perfon with whom we contradted, are
Jainly void; becaufe through his fraud we wanted
he due knowledge requidte in contrading, and he is
ound to compenfate our damage occafioned by his
raud, which is eafieft done by making the bargain
Old.

The Civilians thus diftlnaulfli between p en fare damnum ^
nd pracftare qiicd intercft : obli|^ing thofe who wrong others
irough negligence or inadvertence to the former only, but
1 cafe of frdud or more grofs neglig'^ncc obliging always to
he later.

J74 Contracts //^ GENERAL. BookIL

Where the fraud of a third perfon has moved us to
a contraa without any coUufion with the other party ;
the bargain is valid. But we have a right of demand-
ing compenfation of any lofs from that third perfon
who deceived us.

VI. We always deem that all fuch voluntarily con-
fent who voluntarily ufe fuch figns of confenting as by
cuflom import it. Nor could there be any faith main-
tained, if we allowed exceptions from a fecret diflent
contrary to our exprefTions.

Words and writing are the fitteft methods of decla-
ring confent : but any other fign agreed upon by th(
parties, or received by common cuftom is fufficient
Kay fome adions in certain circumftances are jufti]
deemed to declare confent, when they are fuch as nc
man of common fenfe or equity would do, unlefs hi
alfo confented to certain terms. From fuch adlion
therefor we juftly conclude a perfon's confent, unlef
he timoufly premonifh all concerned of the contrary
Covenants or contrafts founded on confent thus decla
red are called tacit : which are diftinguiihed from an
other fet of obligations, to be prefently explained, fai(
to arife * after the 7?ianner of contraCti, by this, tha
in tacit contra^s the obligation is prevented by ai
cxprefs declaration to the contrary; but not in th
others.

Befide the principal exprefled articles in contrails
there are frequently others plainly underftood as adjec
ted from the very nature of the tranfadion, or fron
the prevailing cuftom among all who are engaged ii
fuch bufmefs.

* Chap. xiv.

Ch. 9* Contracts /// GENERAL. 17^

The confent of both parties, of the receiver as well
as the giver, is necefTary in all tranflation either of
property or any other rights, whether gratuitous or
not. For from one's intention of beftowing any thing
on a friend, we cannot conclude any defign of throw^
ing it away in cafe he don't accept, or of forcing it up-
on him. But a lower fort of evidence will ferve to
prove a confent to accept any thing valuable ; and
we may always prefume upon it, if the thing was pre-
vioufly requeftcd ; provided the offer anfwer the re-
queft.

But as in full property there's included a right of
difpofing under any lawful conditions, or upon any
contingency; and of giving in truft to a friend, till
fome future event happens : inheritances and legacies
may thus be left with truftees, till it be found whether
the heirs defigned, or the legatees are willing to accept.
Nay goods may thus be kept in favours of perfons
not yet exifting ; as it is unjuft to hinder the proprie-
tor to appoint his goods thus to be referved for the ofF-
fpring of his friends if they fiiall happen to have any:
and 'tis injurious toward fuch offspring to have de-
feated or intercepted any benefits deftined for them by
their deceafed parents, kinfmen, or friends. And yet
no heir or legatee can be forced to be proprietor of
any thing thus left to him without his own confent.
Mankind however, and each one as he has opportu-
nity, when no fpecial truftee is appointed, ought to
take this care of infants, or perfons unborn, to pre-
ferve fuch inheritances or legacies for their behoof,
till they can accept them.

VII. As the obligation ofcontrads plainly depend*
on the confent of the parties, and without it is void;

176 Contracts //^ CEt^ERAL. Book IL

fo when it was only given under certain conditions^
if they don't exiftj there's no obhgation . But fuch con-
ditions muft be known as fuch on both fides, otherways
there could be no faith in our tranfadlions. Thefe con-
ditions therefor alone are of fuch force as that their
non-exidence makes the tranfad^ion void, which were
either exprefly made conditions by one or other of the
parties, or which the perfon who infifts on them did in
confcience believe the other party underftood as ad-
jeaedfrom the nature of the affair; and not every one
which one of the parties might fecretly expedl would
exift, tho' the like is not ordinarily expeded in fuch
tranfadions. Whatever indeed one party has underta-
ken for to the other, or pofitively affirmed to him to
engage him to the bargain^ that the other party may
juftly be deemed to have made a condition of his con-

fenting.

In the known divifionofcontrafls into^^y^te^and
conditional^ by a condition is underftood '' fome event
^' yet uncertain to one or both the parties, diftind
^^ from the preftations covenanted, upon the exiftence
'^ of which the validity of the contrad depends." h
condition known to be naturally impofTible, fhews that
there's no engagement. We fhall prefently fpeak oi
another fort of impoOibility from the prohibition of
law, or moral turpitude. But a vitious adion of any
third perfon, to be done without any aid of the par-
ties contracting, may be a juft condition; provided
nothing in the contract give any invitation to fuch
anions.

Conditions in the power of either party are callet
voluntary; others are involuntary; and fome are of £
mixed nature. But neither fide is underftood to be ob-

Ch. 9* Contracts //^GENERAL. I77

liged to make thefe conditions called voluntary or mix*^
ed to exift, ♦for then they would be abfolute cove-^
nants of the bargain.

VIII. The due freedom of confent may be taken
away by fear. But of this there are two forts, one de-
noting a fufpicion that when one party has fulfilled his
part of the bargain, the other party won't fulfil his :
the other denotes a terror occafioned by fome great e^
vil threatened. Ag to the former fort thefe obfertations
feem juft : i . He that voluntarily contracts with open-
ly unjuft and impious men, whofe charaders he previ-
oufly knew, is plainly obliged by his contract, as he
mufthave tacitly renounced any exception from their
charader, which was previoufly known. But 2dly. If
he only comes to the knowledge of their eharaders
after the contradl, 'tis not indeed void; but he may
juftly delay performing on his part, till they give fuch
fecurity for the performance of theirs as a wife arbiter
judges fufficient. To maintain that all contrails en-
tered into with the unjuft, or heretical or impious,
arevoid^ would deilroy all faith among men; fmce
there are no fuch obvious charaderi (licks to diftin-
guifh the good from the bad as all will agree in: and
confidering the weakrieffes of mankind, they have al-
ways had the mod oppofite opinions about the mora!
and religious charaders of men around them ; as in a!l
ages there have been the greatefl diverfities and con-
trarieties of opinions.

• A valantary coiidition :s of this fort : ''If I fball retire
" fo live in the country, I agree to fet my city houfe at fuch
•• a rent." By this I don't bind myfelf to live in the coun-
ijy> " I promife. if I incline to fell certain land?, thaC Ajch

a niRn fharl have them at a certain price. *'
M

178 Contracts /;/ GENERAL. BooklL

As to the lecond fort of fear; when 1 have been
forced into a contract by fear of evil threatened ; there
are two cafes, arccording as the evil is unjuftly threa-
tened either by him I contra^ with, or by a third per-
fon without any collufion with the perfon I contradl
with. In the later cafe when by contract I obtain the
aid of an innocent man againft dangers threatened by
another, no doubt I am bound ; unlefs there be fome-
thing very exorbitant in the terms. For the giving aid
In fuch perils is no doubt a mod ufeful fervice well
deferving compenflition.

If indeed I am threatened unjuftly with fome great
evil by any man uniefs I enter into a certain bargain,
©r make a promife, to a third perfon, who is in no col-
lufion with him who threatens me, while yet I am for-
ced to conceal from him the terror I am under ; the
bargain or promife is void,becaufe by this terror I am
deprived of that liberty which is neceflary in com-
merce. But any damage this innocent perfon fuftains
by the difappointment, I am bound to make it good,
as it was occafioned by me for my own fafety. The
fame holds, when through my cowardice I have been
exceflively afraid without caufe.

Any contracts entered into from fear of a juft ma-
giftrate, or the fentence of a Judge, are plainly valid,
fince we are deemed fubjedled to fuch civil power.

IX. But when I amforced to contra6t through fear
of evils unjuftly threatened by the very party I con-
tra^ with, we muft diftinguifli whether thefe evils are
threatened under fome fuch plaufible (hew of right as
might poffiblyimpofe upon anhoneft man, or on the
other hand, by openly avowed injuftice, without any
fueh fliadow of right. In the former cafe, tho' the au-

01.9* Contracts Z;^ General* 179

thor of fuch violence acquires no right by It, which he
can ufe with agoodconfcience; yeton account of fome
more diftant interefts of mankind, he may have a fort
^^ external right ^ with which the other party may be
bound to comply. Nothing is more incident to man-
kind than to miftake about their rights ; and hence a«
rife wars too frequently, while yet neithet fide is ^tn-^
fible of the injuftice of their caufe. Thefe wars muft
either be compofed by treaties and contracfls, or muft
end with the ruin of one fide. Now 'tis highly eligible
that they (hould be ended rather by fome treaty: and
treaties could be of no ufe if they ftill lay open to this
exception of unjuft force, which either fide might plead
"whenfoever they inclined to renew the old controverfy*
This exception therefore muft not be allowed againft
treaties of peace, when there were any plau fible pre^
tences on both fides for the preceeding war. If indeed
the terms ofpeace are manifeflly iniquitous and opptef^
five, contrary to all humanity, making life quite mife^
rable and flavifli to the lefs fortunate fide; fuch trea**
ties have no plaufible (hews of jufiice, and ly open ta
the exception *.

But where violence Is ufed or threatened, without
any pretence of right, to extort promifes or contradls^
they cannot be obligatory. By fuch violence the au-
thor of it plainly abdicates or forfeits all the rights of
men ; all the benefits to be claimed from the law of na-
ture, or the humanity of his fellows ; as he openly
profefi^es him felf a common enemy to all, free from any
(bcial tye. The common fafety therefor requires that
fuch monfters fiiould be cut off by any means* Sap^

*See Book II. Ch. xv. 8. andBooklil. Ch^Yii. 0^9^
M %

l8o Contracts //^ GENERAL. Book Ilv

pofe that fuch extorted promifes were valid, yet what-
ever upon fuch a promife is due to the author of the
violence, he is always indebted at lead as much to the
perfon thus compelled, upon account of damage done
him unjuftly ; thefe two claims therefor extinguifh each
other by compenfation, Kor can one here allege that
by the ad of promifmg under ihis terror the promifer
tacitly renounces this exception of unjuft force previ*
oufly known; for this forced renunciation alleged is
one part of the damage : and what pretence is there of
alleging an obligation by tacit compaa, to one who in
fuch a caufe is incapable of acquiring a right by the
mod exprefs contrad, and who in this very affair ab-
dicates or forfeits all human rights \

But, however that no regard is to be had to fuch
perfons in thus trampling upon all the rights of man-
kind, yet when they fufficiently appear to be returning
toa foberermind, asking pardon of what's paft, offer-
ing to quit their faftneffes, to deliver their arms, and
to give fccurity for their future condud; and when
fuch confederacies cannot be otherways deflroyed
without fhedding much innocent blood of our citizens ;
the common intereft may fometimes require to enter
into fuch treaties with them, and to obferve them
faithfully: and as to any of our citizens who by this
means are excluded from profecuting them for repara-
tion of damages, they ought to obtain it from the
community.

X. Contracts or promifes cannot be of force un -
fcfs the matter of them ht pofihle to the parties : and
:^ljerefore no man can be obliged to* what he cannot

* Book II. Ch. iii, 2.

Ch. 9« Contracts //i GENERAL. l8i

accomplifti tho' he fcrioufly defired it. If one has pro-
mifed any thing, which by fome fubfequent accident
without his fault becomes impoflible, he is only obli-
ged to reftore or compenfate the value of any thing he
received in confideratlon of it. Where the fraud or
other grofs fault of one party either made the matter
impofTible, or concealed the impoflibility, he is obli-
ged to make good * the profit which would otherways
have arifen to the other.

The matter of contradls muft alfo be lawful: that
is, our contradts or promifes fhould be only about the
natural matters of commerce, which can be alienated,
the adminiftration of which is committed to humaa
prudence, and not prohibited by any fpecial law. Ko
obligation therefor can arife from any promife, to vio-
late directly the reverence due to God, or the perfecfl
rights of others, or to do what any fpecial law prohi-
bits, or what is not committed to our pov/er.

I. If therefor both parties know the unlawfulnefs
of the terms of any contradl, or ought to have known
it; the contrad is void. The one who wnployed an-
other to commit a crime, may redemand what he gave
to the perfon hired, beforehe has committed the crime.
And if the crime be previouily committed, the execu-
tor ought not to have the hire; nor if he previouily
received it, can the perfon who hired him redemand
it. Both equally deferve the higheO: punifhments ;
nor fliould either hold any advantage by fuch engage-
ments.

If after the contract the iniquity of it appears to ei-
ther fide^ which they had not formerly confidered ; be«

* Praeflare quod intcrefi.
M \

%Bt Contracts.//? GENERAL. Book 11^

fore execution either of them may free himfelf from it :
and any reward given ftiould be rellored. Nor after
execution can the perfon employed claim his reward,
unlefs the moral tu^-pitude affedl only the hirer and not
himfeJf ; or unlefs his ignorance was no way culpable.
;Put where the turpitude only afFedls the perfon whp
employed him, ilien he may juftiy claim his hire. 'Tis
the general intered of mankind that there fliould be
no allurements to fuch crimes^ nor dependence upon
fuch contracts.

But if the vicein any performance of covenant only
confift in this, that a man has managed imprudently
^nd contrary to the duty of a difcreet cautious man, in
tthefe matters which naturaljy fall under commerce;
^tis of fuch importance to maintain the faith of com-
merce, that in this cafe, too ^' our tranfadlions and
^^ covenants are obligatory, tho' we were faulty in en«
*^ tering into them.'*

Covenants about the goods or aflions of others which
are not fubjedled to our power, are in the fame cafe
with thofe about impoflibilities. Whoever has adled
fraudulently in fuch covenants is liable to make good
all the profit which would have accrued from the faith-
ful performance of them : and he who has deceived
others by any culpable negligence is obliged to com-
penfate the damages^

XI. Every fort of contrails about one's goods or
labours does not immediately divefl: him of all moral
power of tranfadling about them in a different man-
ner with others. This is the cafe only in fuch as con-
yey the iiitire property at once, or a real right ; or fuch
as give another the whole right to one's labours for a
pertain time^ or during life^ fo as to preclude his con^

Ch. 9. Contracts /« GENERAL. iSj

traaing with others about the fame. But when one has
only made a contradt conftituting a perfonal right a-
.ahift himfelf, he may thereafter convey a vahd real
fight, to fuch as knew nothing about the former con-
trla which will take place of the perfonal r.ght tho
prior. Where indeed this new grantee has afled frau^
dulently, being apprized of the former contra^; the
Ibfeq/e'nt one' Juld be void. For the law of .^ure
can never confirm frauds, or any*contraas plamy
contrived and defigned to elude any obligations of hu-
manity, when this defign muft be known to both par-
ses i/ri.e contract Butinothercafes, "of'--^ "
« nants entered into with the fame perfon, the later
" derogates from the former." But of contrails en-
tered into about the fame thing with different perfon ,
« fuch as convey a real right take place of thofe which
«' only convey a perfonal ;» provided there has been
no fraud on his part to whom the real right is transfer-
red. And laftly in contrafts of the fame nature enter-
ed into with different perfons, " the prior takes place
" of the pofterior."

XII We may contraft hyfaaors ot agents, or per-
fons commifTioned for that purpofe, as well as in our
own perfons. Where fall powers «re given, and no
fpecial inftraaions to be (hewn to all he deals with,
expreffmg the extent of our agent's commiffion, and
how far we fubjea our rights to his tranfaaions; we
are deemed to be obliged to ratify what he does in our
name.unlefs we can make proof that he aaed fraudu-
lently, or was bribed by the other party; or the mani-
feft iniquity of his deeds fatisfy a prudent arbiter that

*Matth.xv. y. Markvii. 11.
M 4

1^4 Contracts /^GENERAL, Book 11.

he muft have been corrupted. As to any fmaller inju-
ries we ftfhin, we muft impute them to our agent
while we ratify what he has clone with others, *

But when the powers of the agent are fpecially de.
clared to all concerned, what he tranfafts beyond thefc
bounds does not oblige his conftituent.

iSj

CHAP. X.
Our Obligations in Speech,

OUR duties In the ufeof fpecch have a near affi-
nity to thofe in contrads. Mankind enjoy this
preeminence above other animals, that they have the
powers of reafbn and fpeech, by which chiefly a focial
life, commerce, and an intercourfeof kind offices arc
maintained. 'Tis in general plain that we are bound
to ufe thefe excellent gifts of God in fuch manner as is
mod conducive to the general good, and fuitable to
our feveral obligations in life.

In this important matter we have very manifeft in-
dications of what God requires of us, in the very ftrucr
ture of our nature : an immediate fenfe feems to re-*
commend that ufe of fpeech which the common inte-
reft requires. In our tender years we are naturally
prone to difcover candidly all we know. We have a
natural averfion to all falfhood and diflimulation, until
we experience fome inconveniency from this opennefs
of heart, which we at firft approve, Refiedtion, a re-
gard to the common good, and a prudent care of our
own fafety, will often perfuade us to conceal or be fi-
lent about certain things ; and to reftrain the firft im-?
pulfe of our mind. But when we refolve to fpeak to
others, then both the immediate fenfe of our hearts,
and a rational regard to the common intereft, will re-
commend and enjoin upon us the (leddy rule or pur-
pofe, of fpeaking nothing contrary to the fentiments

iS(5 0«r Obligations//? Bookll.

of our heart, or which will deceive others. Thefe are
our natural fentiments whether we are judging of our
own condudl or that of others.

For as a great fhare of the moft ufeful knowledge in
the affairs of life, as well as that of a more fpeculative
kind, is acquired from the converfation of others who
are under no fpecial obligations of communicating to
us their fentiments ; this advantageof a focial life, not
to mention the pleafures of converfation with mutual
confidence, muft be entirely loft, unlefs men main-
tain truth and fidelity in all their difcourfe with each
other.

What we fay of fpeech holds alfo concerning o-
ther figns ufed for the fame purpofe of communicat-
ing our fentiments, viz. common writing, or hiero-
glyphicks.

II. We muft alfo obferve here that there's a two-
fold ufe of figns, whether natural, or artificial and in-
ftituted : * one in which the perfon who caufes the ap-
pearance is never imagined to make any profeflion,
or to have any intention of communicating his fenti-
ments to others. The fpeflator according to his own
lagacity concludes from the appearances fome fadt or
other, without imagining that the perfon who occa-
fioned thefe appearances did it with a view to give
him any information. The other ufe of figns is of fuch
a nature that it plainly contains this profeflion, or
gives the obferver juft ground to conclude that fuch
figns were made defignedly to intimate fomething to
him.

In the former way of making figns, there's no pe*

*See Grotius de Jure lellt, &c. L. HI, i. 8.

Ch. 10* theVsE of SfEECH. 187

culiar obligation: we are only under that obligation
common to all parts of life, to do no hurt to our
neighbour without a ]ui\ caufe. But when there is
juft caufe, as in the cafe of a juft war, we may with-
out blame ufe fuch arts of deceiving, which are called
Jiratageifis. Nay provided we do no hur t to any inno-
cent perfon, tl^re's no crime in deceiving * by fuch
fort of figns our very beft friends.

But we are gnder very different obligations as to the
other ufe of iigns. For without prefuppofing any old
covenant or formal exprefs agreement, the very ufe of
(igns in certain circumftances may plainly contain the
nature of a tacit convention , and he who exhibits them
is juftly underftood to covenant with the other to
communicate his fentiments, according to that inter-
pretation of thefe (igns which is either natural or cufto*
mary, unlefs there be fome fpccial reafon f in the cafe,
known on both fides, why we fhould depart from the
ordinary interpretation. For did we not univerfally
underftand fuch an agreement as to fpeech, it would
be a ridiculous adion either to addrefs fpeech to
another or to liften to it. And the fame holds as
to X other Iigns natural or inftituted, ufed in this
panner.

* Thus an army intending to decamp in the night, yet
keep all their fires burning in the old places, to conceal their
motions- h ftndious man to avoid interruption, keepshis doors
fhut, and his (treet- windows darkened, whence we conclude
jhat he is abroad.

f A cypher agreed upon, for inftance.

\ Thus fending wings or fpurs to a friend at court, inti-
mates to him that we imagine he is in danger, and contains
this profeflion.

lS8 Our Obligations m Book IL

Thefe therefor are the laws of fpeech and writing.
I . " Where others have a right to know the whole fen-
^^ timents of the fpeaker, he is obliged not only to
*^ fpeak truth but to reveal the whole truth. '* This
holds as to witnefTes in courts of juftice, and fuch as
have engaged to communicate the whole myfterys of
any art.

The fecond law is. '' Tho' others may have no pe^-
*^ culiar right to know our fcntiments, yet when we
*^ fpeak to them, we fhould fay nothing but what a-
^' grees with our fentiments according to the common
^' interpretation which obtains among men of under-
*^ (landing." One is therefor guilty offalfhood or lying
who fpcaks what is thus contrary to his fentiments, al-
tho' by fome unufual way of interpreting the words,
or by fome mental refervation, it might agree with
them. If fuch arts were allowed, a gate would be
opened to all deceit and fraud.

III. That our duty in this point may the better
appear, we muft obferve, i. that all figns, efpecially
words fiiould be ufed in the cuftomary manner, with-
out regard to antient obfolete meanings or etymo-
logies. Expreffions of civility and courtefy, or titles
of honour, deceive no body. They are known not
to fjgnify what the fame words do on other occa-
jGons.

2. If 'tis known to all concerned that in fome af-
fairs certain perfons are allowed to deceive ; nor
does the perfon deceived, when he comes to difcovcr
it, complain of it as an injury; what artifice or falfe-
fpeaking is ufed in thefe affairs is not deemed crimi-
nal. This is the cafe in many diverfions ; and fome-
times in ferious bufinefs, when we commit ourfelves

Ch. 10* ,i/}eVs^ of Speech. 189

entirely to the condudl of others, in whofe wifdom and
fidelity we confide ; as patients do to phyficians, and
foldiers to their commanders in chief.

3. Nay if the cuftom has prevailed in war, that
enemies deceive each other by falfe narrations when
they c^n. nor do the deceived complain of it as a vio-
lation of the laws of civilized nations : one may
judge that by a new tacit convention enemies have
remitted to each other that right otherways founded
in the general convention contained in the addref-
fmg of fpeech to others. But a candid mind would
not without the mod urgent caufes ufe fuch me-
thods, fince they have a llrong appearance of moral
turpitude.

4. But the deceiving of enemies by any pretence of
a treaty or covenant, never was nor can be allowed.
As it is by treaties alone that we can maintain the
more humane methods of carrying on war, and pre-
vent the moft favage cruelties ; or reftore peace again
without the deftrudtion of one fide, or reducing them
to miferable llavery.

5. But this obligation about fpeech, as all others
founded in tacit conventions may be prevented or
taken away, by a * timely premonition of all con*
cerned.

6. Befide the above-mentioned exception of unjuft
force in matters of contra6ls, fome plead for another
exception from fome grievous and extraordinary ne-
celTities ; when without falfe-fpeaking we cannot pre-
ferve the innocent, or the moft worthy perhaps of man-
kind, or even a whole nation, from ruin. Whatever

* See the preceeding Chap. § <J,

196 Duties //2 Speech. BookIL

force ttiereisin this exception, 'tis plain it is not pe^
culiar to this fubjedl ; fince it feems, as we fhall * here-
after flievv, that this exception takes place in raoft of
the other fpecial laws of nature.

7. Where men with malicious intentions, and with-
out having any right to demand it, are endeavouring
to difcover a perfon's fentiments by captious and infi-
dious queftions ; when even his filence would difco-
ver all they want to his ruin: if there occur to him
fuch anfwers as to good unpreJL^diced men would
bear a true fignification according to hi? fentiments^
while yet they will appear to thefe infidious enemies
to fignify fomfething very different; f he may ufe fuch
evafive anfwers, tho' he forefees that his unjuft ene-
mies will be deceived by them.

8. Since maintaining veracity in all our converfa-
tion is of fuch importance in fociety, 'tis plainly unlaw-
ful to ufe falfe-fpeaking from any of thofe fmaller mo-
tives which frequently occur in life; fuch as, to paci-
fy men in apafTion of anger, or to comfort the forrow-*
ful ; or in general to obtain any advantages or avert
any evils which are not of the very higheft kinds. For
we may by other means confident with all candouf
and fincerity generally obtain thefe ends more eifedtu-
ally, and either prevent thefe evils, or aflift men to
bear them with fortitude. And however fuch falfe-
fpeaking may at firft have fome effed, before it becomes
known that we make no confcience of fpeaking truth

* Ch.xvi.ofthis Book.

f Of this there are inftances in very great characters; as
aliO of many exprelTions which the fpeaker abundantly knew
that the hearers v.'ould underfland in a very falfe fcnfc.

Ch, 10. Duties in Speech. 191

in fuch cafes ; j^et, when this Is once known, and when
men generally take this liberty, they lofe all credit in
fuch cafes with others, and mutual confidence is de-
ftroyed. So much concerning veracity.

IV. But there are other facred duties in the ufe of
fpeech; and this in the firft place, that we ftudy to
make our fpeech profitable to others, in recommend-
ing and cherifhing fincere virtue, in correding the vain
imaginations of men about the truehappinefs of life;
in teaching, admonifliing, exhorting, comforting, and
fometimes reproving fharply, and all thefe (hewing an
hearty intention of doing good. Thefe too are among
the mod: honourable offices, to reconcile friends who
have been at variance, to prevent animofities, or to
compofe them. Nor is there any thing a good man
will more confcientioufly avoid than hurting the cha-
racters of others. Nay he will not only avoid thefprea-
ding of falfe calumnies, but will conceal the fecret faults
of others, unlefs he be forced to divulge them to pre-
vent the (educing the innocent, or to avert fome pub-
lick evil. For men who have loft their characters and
are publickly infamous, are on this account far harder
to be reclaimed to virtue; and the more that vice ap-
pears to abound in the world, the vicious grow the
more impudent.

Criticks have obferved that many words, befide
their primary meaning, have alfo an additional fignifi-
cation of the difpofitions of the fpeaker : and hence
there are often three forts of names for the fame
things, or aftions. One of a middle nat'jre, barely de-
noting its obje6l; another denoting the fpeaker*s de-
light in it, or his keen pafTion for it; the third de-
noting his averfion and hatred of it. And from this

192 Duties /;i Si^EECH. Bookll;

wefeehowtoanfwerthercafonings of the old Cynlcks,
againft fuppofing any crime in obfcenity of language ;
that tho' it be true, there's no work of God, or natural
adtion, which may not be a proper fubjedl of inquiry
and fpeech to a good man, on fome occafions, yet we
may evidence great depravation and turpitude of mind
in fpeaking about the difTolute actions of others: to
wit, by ufing fuch words as betray a like dilTolute tem-
per in ourfelves, and a delight in fuch vices, and kindle
like vitious paflions in the minds of the hearers. And
in this confifts obfcenity, which is hateful and deleft-
able in converfation.

193

C H A P. XL
^ Oaths and Vows.

OATHS are deemed a natufal confirmation of
promifes or teftimonies, in the more important
affairs : an oath is *^ a religions a6l in which for con-
*' firmation of fomething donbtful, we invoke God as
^' witnefs and avenger, if we fwerve from truth." A
truly good man indeed will fo (I ridlly regard veracity,
that fuch as know him well need not require his oath.
But when the interefts of thofe are at fbke who know
not his charader^ they may juftly demand his oath^
in confirmation either of his leftimony or his promife.
Since the ufing of oaths in fuch cafes contains no im-
piety toward God ; but is rather an expreffion of pious
reverence; as we acknowledge in fwearing his uni-
verfal knowledge, and government, and juftice.

And fince this perfuafion has obtained, in all nati-
ons and ages, that God exercifes a juft government
over the v/orld, inftiding punifhments on the wicked 5
this invocation of God as witnefs and avenger mud
raife in mens minds an higher fenfe of their obliga-
tions, and deter them from falfhood. But we muft not
imagine that our invocations make God more atten-
tive in obferving, or more keen in punifhing of per-
fidy ; or that by our voluntary confent, we give him
any new right of punifhing he had not before. Our
own guilt indeed is made much greater when, after
the confirmation of an oath, we either violate our
promifeS; or falfify in our teftimony.

K

104 (9/ Oaths ^W Vows. Bookll.

To fwear about trifling matters, or without any
caufe, is very impious ; as it plainly tends to abate that
awful reverence which all good men (hould conftantly
maintain toward God; and is a plain indication of
contempt. Where perjuries in ferious matters grow
frequent in any Hate, the magiftrates or legirtators are
generally chargeable with much of the guilt, if they
either frequently exaft oaths without neceflity m fmal-
ler matters, or when the oaths give no fecurity in the
point in view*; when the engagement defigned may
either be impradicable, or appear to the perfons con-
cerned to be unlawful ; or if oaths are required f where
there are great temptations to perjury, with hopes of
impunity from men. They alfo do bad fervice to reh-
gion who don't appoint an awful folemn form of
words, fit to ftrike the minds of men with reverence
in fuch an adion.

II. 'Tis no doubt vain to exadl from others, or to
fwear by any being whom the fwearer judges not in-
vefted with divine power, fo as to invoke that being
as witnefs and avenger. And yet there are fome forms
of oaths truly valid and not unlawful, tho' not the
mod convenient, where without exprefling the name
of God, the fwearer either names fomething very dear
or neceffary to himfclf t "po^ which he is underftood

* Thus engagements by oath to adhere to certain fchemcs
of rclicrlon, which may afterwads appear falfc; or to a go-
vernment which may appear an unjuft ufurpation.

t Thus purgatory oaths as to capital crimes, or very fecret
matters of fcandal. or injuftice, or about a man's fccret opi-
jiions, generally have no good efFea. . , . ,.r ,.• r f

I So wc undcrlland fwearlng by one's head, his ItfeMs foul,
his children, hisf m« or f aim, the <artK the li^ht, the fm.

Ch. II. ^ Oaths and Vows. 195

to imprecate the divine vengeance, or that he may be
deprived of it if he ffiould adt perfidioufly ; or truly
invokes God under fome * metonymicalexpreffion.

Tho' it be idle to exadl an oath from any one by any
being whom he conceives not as endued with divine
power, nor exercifing any providence ; yet there are
certain general defcriptions of the Deity in which men
of the moft oppofite religions agree : fuch therefor
ought to be ufed, when perfons of different religious
fentiments are required to fwear.

As in covenants, fo in oaths, he is juftly deemed to
have fworn, and to be liable to the penalties of per-
jury fhould he falfify, who profe/Iing an intention of
fwearing makes fuch figns as ordinarily fignify to o-
thers that one fwears.

Altho' an oath and a promife, or an affertion, may
often be expreffed by one and the fame grammatical
fentence; yet the adl of fwearing is plainly a di(lin<5t
one from that of promifmg or afTerting ; as it confifts
in the invocation of God to avenge if v/e violate our
faith. This fhews therefor that mens duties are not
altered as to their matter by an oath ; nor any new
matter of obligation produced ; nor any covenant or
promife otherways void confirmed; nor juft excep-
tions excluded; nor conditional contrad:s made ab-
folute ; nor any obligation impofed to a(fl contrary ta
the perfea rights of others, or about matters notfub-
jeded to our power, or what would be a diredt piece
of irreverence and impiety toward God, or a violation

* 'Tis thus men fwcar by \^tvc faith, viz. the objeft of it ;
or by the heavem, the Um^Us, or altan ; for the Divinity rc-
Mng in them, or to whom they arc dedicated,

N 2

jo6 0/ 0\rns and Vovft. Book 11.

of any fpeckl prohibition, by which we are precluded
from tranfaaing in certain affairs. But in matters na-
turally fubjeaed to our power and committed to hu-
man prudence, as we may bind ourfelves by a common
contraa, fo much more by one confirmed by oath, e-
ven when we have entered into it imprudently and
rafhiy, contrary to the rules of difcretion ; unlels
when there has been a plain obvious fraudulent defign
of defeating fome obligations of humamty.*

Ill \ promife tho' confirmed by oath can produce
no obligation, unlefs it has been accepted by the other
party, who alfo after his acceptance may remit to us
his right, and free us from the promife. A promife in
like manner is void, upon the declared diffentof a per-
fon whofe confent was necelTary before the pronuler
could oblige himfelf, or the other party accept of it.

Where one requires of us an oath by his jult autho-
rity, and prefcribes to us the form of words; if we
underftandhisfenfe of the words, and can fincerely
fwearinthatfenfe, 'tis well; if not, we (hould not
take the oath. No inferior magiftrate deputed to take
an oath in the name of the ftate has a right to give ex-
plications of the /.ma/« prefcribed by the lupreme

Oaths according to their different purpofes are di-
vided into prcmifory and afertory. Oaths ot this la-
ter fort when required by a judge are called ^leceffarj :
and when one party in judgment refers the caule to
the oath of the other, 'tis called yW/VW. I^ *'"/ °^
done, not in judgment, but by the private deed ot the
parties, 'tis called Wa;i/^ry. When an oath is Ue-

*Maikvli. II, 12, 13.

Ch. II. 0/ OATVLSafici Vows. I97

manded from the perfon accufed in a criminal adion,
to refute imperfedt proof; 'tis called 2i purgatory oathy
or oath of purgation.

But in fuch cafes where a perfon's life or charader
is concerned, as there are very high temptations to per-
jury; this way of exacSing purgatory oaths in tryals is
highly improper and unjuft. By this means the impi-
ous and wicked will always be abfolved ; and tho(e
only conviiSled who retain fuch a fenfe of piety that
they won't even for prefervation of life or chara<^er
perjure themfelves. A good man furely would rather
choofe that fuch perfons fhould efcape punifhment for
a doubtful crime, (of which, if they have really been
guilty, they will probably foon repent fincerely), than
that they fhould be brought to fufFer by their very
fenfe of religion.

IV. A vow is a religious promife made to God a^
bout fomething to be done or performed. In vows we
don't conceive a right transferred to men, unlefs they
have been alfo attended with a contra(51:. The main
ufe of vows is this, that by a feriousconfideration of a
jufl: and holy Deity beholding all our adions, we may
further confirm all our pious and virtuous refolutions ;
and be the more cautious of negleding our duty, left
we (hould alfo involve ourfelves in the horrid guilt of
perjury.

But as no promife not accepted by the party to
whom 'tis made can be obligatory ; and as we are fure
God will not accept any promifes made to him rafh-
ly, out of any fudden fear, or other paflion, which is
contrary to the man's duty ; and 'tis moft unworthy of
the Deity to imagine him as it were infidioufly watch^
ing to catch advantages of the incautious, timorous,

1^ 3

t$8 Of Oaths and Vows. Book It*

wrathful, or fu perdition s ; or that, contrary to the
common intereft of all, he has fome favourite orders of
nien for whofe advantage he is ading the part of a
(harping agent, fnatching at all opportunities of gain
to them ; hence it mud appear, that vows can produce
no obligation to fuch a(5lions or performances as would
not antecedently have been pious, humane, and pru-
dent. Much lefs are vows of any avail which men
take on themfelves from hatred, envy, groundlefs or
exceffive anger, or contrary to either the perfedt rights
of others, or even any obligations of humanity*.
Vows therefor produce no new matter of obligation.

* Markvii. 1 1, i2.

199

CHAP. XIT.

Concsrning /^^ Values (?r Prices y* Goods,

TO maintain any commerce among men in inter-
changing of goods or fervices, the values of
them muft be fome way eftimated : for no man would
give away things of important and lading ufe or plea-
fure in exchange for fuch as yielded little of either ;
nor goods which coft much labour in acquiring, for
fuch as can eafily be obtained.

The ground of all price muft be km^fitnefs in the
things to yield fome ufe or plcafure in life ; without
this, they can be of no value. But this being prefup-
pofed, the prices of things will be in a compound pro-
portion of the demand for them, and the difficulty in
acquiring them. The de?mnd will be in proportion
to the numbers who are wanting them, or their necef-
fity to life. The difficulty may be occafioned many
ways ; if the quantities of them in the world be fmall ;
if any accidents make the quantity lefs than ordinary;
if much toil is required in producing them, or much in*
genuity , or a more elegant genius in the artifts ; if the
perfons employed about them according to the cu»
ftom of the country are men in high account, and live
in a more fplendid manner; for the expence of this
muft be defrayed by the higher profits of their labours,
and few can be thus maintained.

Some goods of the higheft ufe, yet have either no
price or but a fmall one. If there's fuch plenty in na-

N 4

200 Of the Price or Book IL

ture that they are acquired almofl: without any labour,
they have no price; if they may be acquired by eafy
common labour, they are of fmall price. Such is the
goodnefs of God to us, that the moll ufeful and necef-
iary things are generally very plentiful and eafily ac-
quired.

Other things of great ufe have no price, either be-
caufe they are naturally deftined for community, or
cannot come into commerce but as appendages of
fomethiHg elfe, the price of which may be increafed by
thenij tho' they cannot be feparately eftimated*; or
becaufe fomebw natural or poCtive prohibits all buy-
ing or felling of them. Of this lail fort are all religious
offices, adlions, or privileges ; and even the falaries of
religious offices, which arc either deemed only what is
neceffaryfor the fupport of perfons in fuch offices, or
are committed to their truft as funds of liberality and
charity toward the indigent. Buying and felling of fuch
things from a well known piece of hiftory is called
fwiony,

II. But as it may often happen that I want fome
goods of which my neighbour has plenty, while 1 have
plenty of other goods beyond my own ufe, and yet he
may have no need of any of my fuperfluous (tores ; or
that the goods I am ftored with beyond my occafions,
may be quite fuperior in value to all I want from my
neighbour, but my goods cannot be diyided into par-
cels without great lofs : for managing of commerce
there muft fome fort of ftandard goods be agreed
i^pon ; fomething fettled as the meafure of value to

* Examples of thcfc forts are the air, the light of the fun,
wholefomc air in certain fjtuatioiis, fine profp sets.

Ch. 12. Values (/ Goods. 20i

all others ; which muft be fo generally demanded, that
every Gne will be willing to take it in exchange for
other goods, fince by it he may obtain whatever he
defjres. And indeed as foon as any thing is thus made
the ftandard of all values, the demand for it will be-
come univerfld, as it will ferve every purpofe.

The goods which are made the ftandard, ftiould have
thefe properties ; firft, they (hould be of high value,
that fo a fmall portable quantity of them may be e-
qual in value to a great quantity of other things ; a-
.gain, they fhould not be periHiable, or fuch as wear
much in ufe ; and laftly they (hould admit of all man-
ner of divifions without lofs. Now thefe three pro-
perties are found only in the two more rare mettals, fil-
ver and gold ; which therefor have been made the
ftandards of commerce in all civilized nations.

II r. At firft they have dealt in them by * weight ;
but to prevent the trouble of making accurate divi-
fions of the feveral bars or pieces of metal, and to
prevent frauds by mixing them with bafer mettals,
coinage has been introduced. For when the coining
of money is committed under proper regulations to
trufty hands, there's fecurity given to all for the quan-
tities of pure mettal in each piece, and any broken
fums agreed upon can be exadly paid without any
trouble.

But the real value of thefe mettals and of money
too, like that of all other goods, is leflened as they
are more plentiful ; and increafe when they grow fcar-
cer; tho' the pieces keep ihe fame names. The com-

* This appears both by hiftory, and the Roman wor4

202 The Nature ^ Coin. Book II,

monneceflaries of life have a more ftable natural price,
tho' there are fome little changes of their values ac-
cording to the fruitfulnefs of the feveral feafons.
Were one to fettle perpetual falaries to certain offi-
ces, which fliould fupport men perpetually in the fame
ftation in refpe^ to their neighbours, thefe falaries
fliould be conftituted in certain quantities of fuch ne-
ceflary goods as depend upon the plain inartificial la-
bours of men, fuch as grain, or other neceflaries in a
plain fimple way of living.

IV. No ftate which holds any commerce with its
neighbours can at pleafure alter the values of their
coin in proportion to that of goods. Foreigners pay
regard, not to the names we give, but to the real
quantities of pure mettal in our coin, and therefor
the rates of goods muft be proportioned to thefe
quantities. But after a legal fettlement of the deno-
minations of coins, and many contrads and obliga-
tions fettled in thefe legal fums or denominations, a
decree of ftate raifing the nominal values of the
pieces will be a fraud upon all the creditors, and
do much gain to the debtors ; and the lowering
their nominal values will have juft the contrary ef-
fedls. ^

The values too of thefe two mettals may alter their
proportions to each other; if an extraordinary quan-
tity of either of them be brought from the mines ; or
• great confumption made only of one of them in the
ornaments of life, or great quantities of it exported.
And unlefs the legal denominations or values of the
pieces be changed in like manner, fuch coin as is va-
lued with us too low in proportion to the natural va-
lue of the mettal, will be exported j and what is va-

Ch. 12. 7X(? Kature of Coin. 20J

lued with us too high will remain, or be imported, to
the great detriment of the country.

Wherefoever a coinage is made in bafer mettals, the
quantities in each piece muft be made fo much the
greater ; otherways the trade with foreigners muft be
loft. When notes or tickets pafs for money, their
value depends on this, that they give good fecurity
for the payment of certain fums of gold or filver.

204

CHAP. XIII.
Of the SEVERAL Sorts <?/' Contracts.

CONTRACTS are divided into the beneficent and
onerous: in the former fome advantage is gra-
tuitoufly defigned for one of the parties ; in the later
the intereft of both is equally regarded, and the parties
profefs to transfer mutually things of equal value.

There are three fpecies of beneficent contrads,*
commifion undertaken gratuitoufly, gratuitous loan for
ufey and gratuitous cuftody of the goods of others.

In undertaking gratuitoufly to manage the bufinefs
of others by their commiffion, if they have prefcribed
a particular manner of exeeuting it, we are obliged to
follow their orders ; or if we depart from them we
are liable to compenfate what damage thence arifes.
Where the matter is \^k to our prudence; we are
deemed bound to ufe fuch care as a wife man ufes in
like matters of his own, nor are we liable for every ac-
cident which might poffibly have been prevented by
the utmoft care ; unlefs we have exprefly undertaken
for the utmoft diligence, or the high nature of the bufi-
nefs plainly required it; or we have obtruded our-
felves officioufly, when others more capable mighthave
been obtained.

We muft obferve this about all beneficent contrails,
that he who intends a favour to others, is not deemed

* There are no precife technical words in EngUfh to an-
fwer the three Latin words mandatum, co7nmodatum and de^ofu
turn. And therefor the formal definitions are omitted.

Ch. ig. 7)5^ Special Contracts. ^aj

to undertake an higher obligation than he exprefly con-
fents to, or than the nature of the bufinefs commonly
requires : but the perfon on whom the favour is con-
ferred, out of gratitude fhould deem himfelf more
ftridly bound, and make good all lofTes occafioned by
any the lighted fault of his ; that none may have oc-
cafion to repent of their intended favours to him.

II. Th e gratuitous Joan for ufe where the very fame
goods are to be reftored, binds the borrower to the
higheft care and to make good all loflTes occafioned by
any negligence of his: (2) nay alfo to make good
fuch accidents as the goods had efcaped had they re-
mained with the lender, except he generoufly remit his
claim: nor (3) can the borrower take any other ufe
than the lender granted : and (4) he ought to re-
Ilore them in good order at the time agreed, no further
impaired than they muft be by the ufe allowed. Nay
humanity would oblige to reftore them fooner if the
owner needs them ; or if we need them more and keep
them, to make good the lofs he fuftains by wanting
them.

The gratuitous lender is to refund any expences
made upon the goods lent, except fuch as are ordina-
rily requifite in the ufe of them ; or at leaft to refund
the value of any improvements made upon them as far
as they are bettered for his purpofes, and fo he is in-
riched. The civilians diftinguifh between this contract
and a loan for confumptiony in which the fame indivi-
dual goods are not to be reftored, but equal quanti-
ties, weights or meafures.

III. Depositing ofgoods for gratuitous cuftody,
obliges the keeper to fuch diligence as a wife man ufes
in keeping like goods of his own, and to make good

to6 7X^ Special Contracts. Book IT

any lofles by any grofs negligence of his. He ought tc
make no ufc of them without the owner's confent, am
reftore them when demanded ; except it be for fuel
purpofes wherein he might have a right by force to re
fift the owner. And he juftly infifts to be indemnifyec
as to all expences wifely employed for prefervation o
the goods.*

IV. In the onerous contra&fy or thefe for valuabL
confideration, the parties profefs or undertake to tranf
fer mutually goods or rights of equal value. Anc
therefor honeft men fhould conceal nothing, or give
no falfe reprefentations about the qualities eftimable in
fuch goods, or their defedls : and when they inadver-
tently have departed from equality, according to th(
judgment of a wife arbiter, he who had lefs value than
he gave, fhould have fom.ething further paid him till
the contrad be brought to equality; and this he has
a perfedl right to demand; tho' no courts of juftice
could have time to give redrefs to every little iniquity
in fuch matters.

Mutual donation is not to be reckoned among one-
rous contra(5ls, as in it there is no regard had to equa-
lity between the things mutually given.

From what we faid about the grounds of price, 'tis
plain that in eftimating the values of goods in any
place, we are not only to compute the disburfment
made in buying, importing, and keeping them fafe,
with the intereft of money thus employed; but alfo
tlie pains and care of the merchant; the value of
which is to be eflimated according to the reputable

* The Tranflator omits the next paragraph in the original,
explaining ih^adiones dlrcUae et contrarian of die civilians.

Ch. i3« T/J^ Special Contracts. 20?

condition in which fuch men live, and to be added to
the other charges upon the goods. This price of the
merchant's labour is the foundation of the ordinary
profit of merchants. But as goods exported or im-
ported are fubjedl to many accidents, by which they
may even perifh altogether; this is a natural reafon
for advancing the price of fuch goods as are fafe.
And as merchants are liable to lofles when the prices
of fuch goods, as they are well ftored with, by any un-
expedled plenty happen to fall ; to make good fuch ca-
fual loffes they have a right to take a larger profit,
when the goods they are well flocked with happen by
any accidental fcarcity of them to rife in their prices.
V. These are the principal onerous contrads.
1 . Barter or exchanging goods for goods. 2. Buying
znA felling ; the fimpleft form of which is at once pay-
ing the money and receiving the goods. If *tis agreed
that the goods are to be delivered on fome future day,
the price being previoufly paid, or fijch fecurity given
for it as the feller accepts ; before the day fixed the
feller mud run the hazard of what accidents befal the
goods ; but after the day, if the feller was ready then
to deliver them, he is only in the cafe of one with
whom they were depofited ; as he would have been
from the firft if he was then ready to deliver them.*
Sometimes men purchafe no certain goods but an
hazard, or fome advantage upon a contingency. In
fuch contrads equality may be preferved if the price
is abated below the real value of the advantage in a

* The Tranflator here omits a paragraph explaining fome
terms of the Roman law not nccelTary to an Englifli reader.
Such as addiBio in diem, lex commijforia, Ux retraBus.^rotJvte-

2o8 Of the SEVERAL Kinds Books IL

jufl: proportion to the hazard of our gaining no ad-
vantage at all.

VI. In location^ or fetting to hire, for a certain price
we allow one the ufe of our goods, or aur labour.
The fetter (hould make the goods fit for ufe, and up-
hold them fo; and the hirer is bound to ufe them as
difcreetraen ufe like goods of their own, and to make
good any loffes occafioned by any grofs negligence of
his. If the goods perifh without any fault of his, he is
no longer liable for the price of the hire than he had
the ufe of them : or if without his fault they become
lefs fit for ufe, he may infift on an abatement of the
price or rent. But as inlands all the profits of a plen-
tiful year fall to the tenant, fo he muft bear the cafual
lofles ofa lefs fortunate one. Indeed the rarer cafes of
extraordinary calamities, fuch as of wars, inundati-
ons, p^flilence, feem to be juft exceptions ; as the te-
nant cannot be prefumed to have fubjedled himfelf to
rents in fuch cafes. * And in mofl: of contracts the a--
greements of parties alter the obligations.

One who is hired for a certain piece of work, if he
is hindered from it by iany accident, has no claim for
the hire. But when one hires a perfon by the year, or
for a longer time, the hirer feems bound to bear the
lofs occafioned by any fuch (hort fits of ficknefs as the
mod firm conftitutions arefubje^: to, nor can he on
that account make any dedudion from the price agreed
upon.

Vir. In loans for confiwtption\ , we don't expe(ft
the fame individual goods, but equal quantities by

* A part alfo of the following fcaion is omitted for the
fame reafon, about the locatio c^cris and locatio operas.
f Mutuunu

Ch. 13- ^Contracts. 209

weight or meafure. If the loan is not defigned as a fa-
vour, there's a right to demand intereft, Nor is it ne-
cefTary to make interefl: lawful that the goods lent be
naturally fruitful : for tho' money for inftance yields
no natural increafe \ yet as by it one may purchafe fuch
goods as yield increafe ; nay by employing it in trade
or manufadures may make a much higher gain ; 'tis
but natural that for fuch valuable advantages accruing
to us by the loan, we fhould give the owner of the
money fome price or recompence proportioned to
them. The prohibition of all loans for interefl would
be deftrudtive to any trading nation, tho' in a demo-
cracy of farmers, fuch as that of the Hebrev/s was, it
might have been a very proper prohibition.

The juft intereft of money is to be determined ac-
cording to the quantity of wealth employed in trade.
Where there's a fmall quantity of money in a nation,
and confequently all goods very cheap, a great profit
is made by any fmall fums employed in trade with fo-
reigners. And therefor a great intereft may well be
paid. But where much money is employed in trade, a
fmaller profit is made on each fum thus employed, as
the prime coft of goods is high ; and therefor a fmal-
ler intereft can be afforded for it. If civil laws fettling
intereft don't regard thefe natural caufes, they will not
have their effedt.

The obligations in the contrails oi partner/hip are
abundantly known by the rules of arithmeticians.

VIII. We faid above that contradls about hazards
may maintain the juft equality : and fome of them are
of great ufe in fociety, thefe particularly which enfure
againft (hipwreck, robbery, or fire : as by their means
many adive induftrious hands have their ftocks pre-

O

210 Of the SEVERAL KiNDS Book II.

ferved to them, which otherv/ays had perifhed. Thefe
contradls feem of the fame efFedt with a humane and
falutary pnrtnerihip among muhltudes to fliare among
them any loiTes which may happen ; fince 'tis by the
premiums paid by thofe whofe goods are fafe that
the enf.irers are enabled to make good the lofTes of
the unfortunate.

>^or is there any thing blameable in this that a large
number fordiverfion contribute to purchafeany piece
of goods . and then caft lots who fhall have it : provid-
ed none of them expofe to fuch hazards fo large a por-
tion of th ir goods that the lofs of it would occaCoa
any diftrefs to themfelves or families.

The fame may be faid of wagering, and of various
games in which there's hazard ; which are not always
blameable on the account of the hazard, or of any ine-
quality. But th-n there is nothing more unworthy of a
good man than, without neceO^ty, to expofe to uncer-
tain hazard fuch a fhare of his goods, as the lofs of it
would diftrefs his family ; or to be catching at gain
from the foohfh rafhnefs of others, fo as to diftrefs them.
All fuch contraas therefor are to be condemned, un-
lefs they are about fuch trifles as men of wealth can af-
ford to throw away upon their amufements. And be-
fides, 'tis highly unbecoming a good man to give him-
felfup entirely to diverfions, or wade much time upon
them; or fo to enure himfelf to amufements, as to
contract habits of indolence and trifling, making him
lefs fit or inclined for ferious bufinefs.

As to thefc more puhlick projedls of lottery In which
great multitudes may be concerned ; as they bring in
no new wealth tpa (late, and only enrich fome few of
the citizens by liie lofles of others ; and as men thro*

Ch. ij, <9/^ Contracts. an

fome vain opinions of their own good luck are general-
ly very prone to them ; they fhould be every v/here
under the rcftraint of laws ; led that wealth, which
were it employed in manufadtures or commerce would
be adding new ftrcngth to the (late, fhould be turned
into this ufelefs and difhonourable channel, expofed
too to innumerable frauds, and an infociable, foolifh,
and flothful avarice be encouraged among the citizens,

IX. In confirmation of contracts men often give
bail or fureties, and pledges. The bail or furety is
bound to make good what is due, in cafe the principal
fails . And as the creditor frequently trufts more to the
furety than to the principal, his obligation is equally
facred.: nor may he ufe any evafive arts more than if
the debt were wholly his own : nor can he juftly even
delay the payment ; unlefs he finds a fraudulent collu-
fion between the creditor and the principal to diftrefs
him.

The obligation of the furety may be driver than
that of the principal, if he has given either a pledge or
an oath for performance; but as he is furety he can-
not be bound in a different fum or different goods, or
payable at a different time or place, or upon a diffe-
rent foundation. He may juftly infift that a fuit be
firft commenced and judgment given againft the prin-
cipal ; and where more than one are fureties, each
one may infift that thelofsbe divided cither equally a-
mong them, or in the proportion in which they bound
themfelves.

Sureties were fometimes given in criminal adllons.
They may be juftly liable to pay the fines. But it would
be inhumane to allow them to befubjedled to any cor»
poral punifhmcnts for the crimes of others.

O 2

212 0/ Contracts. Baok II.

We formerly touched at the fubjefl: of pledges and
mortgages. If the things pledged yield increafe, this is
to be dedudted annually from the intereft or principal
of the debt. The claufi of forfeiture at the day fixed
has no iniquity in it, provided any furplus of value in
the pledge be reftored to the debtor after the debt is
thus difcharged. The pledgee is bound to keep the
pledge with fuch diligence as a difcreet man keeps like
goods of his own, and not anfwerable for any thing
further ; as this contradt equally regards the utility of
both parties. Pledges and mortgages conflitute real
rights not to be defeated by any prior perfonal rights.

213

CHAP. XIV.
Obligations refe7?ibrtngthofefro7JiCo^T?.kCT%,

BEsiD E thefe obligations and rights already men-
tioned, there are others which arife from fome
lawful aaion of the perfon bound : of fuch as arife
from unlawful anions we treat in the next chapter.
Thefe rights arifing from lawful adions, arife either
from the nature of property, or from fome manifeft
intereft of fociety, and common focial laws. The
obligations anfwering to them the civiUans feigned to
arife from contrads, that the forms of the anions might
be the fame. They are quite different from thofe of Z^-
cit conventions^ as in tacit conventions we truly con^
elude confent from fome adtion ; but in thofe 'tis plain-
ly feigned, tho' we know there was no confent, as the
matter itfelf is equitable. The obligation by a tacit
convention is quite prevented by a previous contrary
declaration of the party: but not fo in thefe v/e now
fpeak of; as they have another juft foundation, inde-
pendent of the confent of the perfon obliged.

Of thefe there are two clafTes, one arifing from this,
that a perfon intermeddles without any contract v/ith
the goods of others, or fuch upon which others have a
juft claim : the other, from a perfon's taking to him^-
felf and holding fome valuable advantage at the ex-
pence and lofs of others, who confented not to fuftain

* QoUgatlones quafi ex contraBu.
O 3

214 Obligations RESEMBLING Book II.

fuch lofs gratuitoufly. In the former clafs is included
the obligation of fuch as pofTefs the goods they know
belong to others, to rellore the goods with their pro-
fits ; as alfo his obligation * who without commif-
fion manages any bufincfs for an abfent perfon, or for
a minor. All thefe are bound to account, and to re-
ftore the goods with their increafe and profits.

The like is the obligation of the heir or executor,
toward the creditors or legatees of the deceafed ; and
it arifes from his entering heir, or undertaking the exe-
cution of the will. For 'tis plain, all the efFeds of
the deceafed are naturally chargeable with his debts,
and with whatever others have a perfed claim to. He
therefor who takes pofTeffion of the effedls, the only
fund whence thefe debts are to be paid, is bound to
pay them, as far as the efFcfts go, deducing for him-
felf thenecefTary expences of management. The heirs
or executors however may always claim the benefit of
an inventary^ that they may not be bound further than
they find efFeds of the deceafed. Nor need we feign
any contrads to explain the jufl grounds of thefe obli-
gations, nor that the heir or executor is the fame per-
fon with the deceafed.

II. As to the fecond clafs; where a man is bound
by deriving to himfelf fome advantage at the expence
of others, who did not confent that it fhould be gra-
tuitous : under this is included the obligation of thofe
on the other hand whofe bufinefs was managed by
others without commiffion, and that of minors to-
ward their guardians, to indemnify them, and com-
penfate their labours in all ufeful fervices, and to ra-

* Negotii utWu gejior.

Ch. 14. THOSE FROM CONTRACTS. 2IS

tify any contrads prudently made for their behoof;
and refund any piudent expences in their educa-
tion. ^

What parents expend in educating their own chil-
dren, we conclude from the tender parental affeaion,
that *tis intended as a donation, when the parent has
not declared the contrary. Nay parents are naturally
bound to fupport and educate their children fuitably
to their condition, and to convey to them at death
what remains of thtir goods. But if a parent is in
great ftrjits, or if any child has fome other way ob-
tained a plentiful fortune, a parent in thefe cafes may
juftly charge a child with the whole expence of its
fupport and education, and exad it for his own
maintenance in old age, or to fupport his other chil-
dren.

III. But if one maintains and educates the child
of another; there's no preOimption here that it was
done as a donation ; 'tis more prefumablc that a debt
is hereby conaituted, to be difcharged by the goods
or future labours of this child, as far as the expence
was truly made for the behoof of the child ; but not
what was intended for the fplendor of his family who
maintained it. Nay further, as generally all this
expence upon an indigent orphan would be \oil en-
tirely if it died before it were capable of labour ; the
maintainer might perhaps, in the rigour of juftice,
be allowed to charge fomething more on account of
this hazard ; and by this allowance men will be more
• encouraged to fuch necelTary care of indigent or-
phans. But then this hazard continually decreafes as
the child advances in years, and cannot increafe con-
fiderably the charge, except for a few of the firft years.

O 4

2i6 Obligations RESEMBLING Book 11.

An indigent orphan thus maintained is therefor in no
worfe cafe than that of any indigent perfon who with-
out any fault of his is involved in a great debt, from
whom the creditor may juftly demand payment by his
labours, while the debtor retains all the other natural
rights of mankind, and whenfoever either by his la-
bours, (of which, he may juftly choofe to turn him-
felf to fuch as may be mofl: beneficial to him, and
fooneft difcharge the debt), or by the liberality of any
friend,^ he can difcharge it, he can no longer be juft-
ly detained in fervice. Now were an account of all
the neceft'ary charge of maintenance, and of the value
of labour, juftly ftated, it would appear, that fuch an
orphan found in body and mind could always fully
difcharge fuch debt by his labours before he were thirty
years of age : and confequently that this can never be a
foundation for perpetual hereditary flavery ; even al-
lowing an extraordinary intereft were charged upon
the expences becaufe of the hazard, as is done upon
contracts of bottomry in trade. And yet this charge
muft appear pretty inhuman upon perfons in any
grievous diftrefs : nor can any diftrefs be conceived
greater than that of an indigent child deftitute of all
aid from its parents.

Under this branch too is included the obligation of
him who ufing the plea o^necefity, (of which hereafter)
has done damage to others; and of one who received
what appeared due, but afterward 'tis found was
not due ; or what was paid upon a contract againft
which there lay a jull: exception making it void ; or re-
ceived any price, in confideration of fomething which
Is not paid or performed by him : who are all obliged
to indemnify and reftore.

Ch. 14' THOSE FROM Contracts. 2x7

When one partner in a company has preferved or
improved at his own expence any of the common
coods of the company ; the obligation of the other
partners toward him is of the later clafs ; and his to
them of the former.

The obligations contradled for ns by others, if they
are done by our commiffion, are manifeft contra(5ts ;
if not, they come under the cafe of hufinefs managed
rjjithoui commifiGn already mentioned.

siS

CHAP. XV.

Of Rights arifmg from Damage done^ and th$
Rights of War.

FROM the former principles 'tis plain, that each
one is obliged to repair any damages he may
have done to others, if they defire it But cafes often
happen when a good man juftly may, and ought to do,
what may occafion fome damages to others ; if, for in-
ftance, fome goods of his of incomparably greater va-
lue cannot be preferved, or fome of the greatell: evils
threatening him or his friends be prevented, otherway s
than by doing what may occafion fome fmall lofs to
others. He has a perfed right to ad thus ; and yet he
always in fuch cafes becomes liable to make good their
loffes fuftained for his fafety or that of perfons dear to
him. Since this is a facred focial principle of equity,
that " no man for his own advantage (hould impair
*^ the advantages of others ; or if any n??ce(Iity force
*' him to it, that he make good their lofs as foon as
'' pofTible."

The fame is more manifeft in damages done injuri-
oufly. Human fociety cannot be maintained unlefs
men are obliged to compenfate all fuch damages. Laws
prohibiting injuries would have no effedi:, it after they
were done, the injurious could enjoy their gain with
impunity.

Nay the fafety of fociety further requires that the
injuft fhould be reftrained from injuries by the terror

Ch. ij. Rights from Damage. 219

of fevere punifhment ; left the good ftiould be conti-
nually expofed as a prey to them. And therefor altho*
God and nature require of us good-will, clemency and
lenity, even toward the evil, yet furely they require a
fuperior degree of thefe afFedions toward the good.
And the injuft maybe reftrained by violence and pu-
niftiments,and obliged to compenfate the injuries done
and give fecurity for their innocent behaviour for the
future, without any malice or ill-will toward them ; nay
'tis doing them rather a good office, to reftrain them
thus from further crimes.

II. By damage is underftood not only ^' the depri-
*' ving men of their goods, and fpoiling or detaining
^^ them injurioufly ; but any intercepting or prevent*
*^ ing their natural or artificial profits ; with all ihofe
*^ inconveniences which enfue upon the firft wrongs;
*^ all gain prevented, as well as lofTes occafioned."

Whoever by himfelf or by others, whether by adl*
ing or omitting contrary to his duty, has occafioned a*
ny damage, which otherways would not have happen-
ed, may be deemed an author of the injury. Such as
only rejoice in the injuries done and praife them, may
indeed (hew fuch pcrverfenefs of temper as deferves pu-
nifhment ; but as it cannot be difcerned whether the
fame injuries might not have been done without fuch
congratulations or applaufes, men are not made liable
to compenfation on thefe accounts alone. Where an
injury has been done by many in concert, they are
bound to compenfation jointly and feverally. But if
one has compenfated the whole, the fufFerer can de-
mand nothing further on this account from the reft ;
but he who repaired the whole damage may oblige his
partners to bear their (hares with him. The cafe of pu-

220 Rights from Damage. Book IL

nifhments Is quite different; for punifliment may be
juftly inflided on all for the common fafety.

Among the authors of damage, he is deemed the
principal, who having authority over others, com-
manded them to do it. He therefor is firft to be called
to account, if it can be done; if not, we may demand
reparation from the reft ; fince he could not by any or-
ders of his give them any immunity from this obliga-
tion. And tho' the executors may be free from any
guilt, having had the plea of neceffity, in avoiding the
far greater evils threatened them if they had not obey-
ed orders ; yet they are not notv/ithftanding bound to
make compenfation : fince their innocent neighbours
muft notfuffer, to free them from the evils they were
threatened with.

III. If one without any fault, by mere accident
does damage to another ; he is not ftridiy bound to re-
pair it. Nay if one engaged in any important fervices
to the community, in any dangerous emergence, where
'tis fcarce to be expe(fled that men can ufe the greatefl
caution, happens by fome negligence to do damage to
his neighbour, it fhould be rather repaired by the com-
munity.

Damage done by hired fervants without their ma-
iler's orders, fhould be repaired by themfelves. What
js done by a flave binds the mafter to divide the price
of the flave in the fame manner as the effeds of a bank-
rupt are divided among the creditors; computing on
one hand the value of the flave, which is the claim ol
the mafter, and on the other that of the damage done^
■which is the claim of the fufferer; and in proportion
to thefe two the price of the flave is to be divided.
In the fame manner the owner is bound to compen-

Ch. ij. Rights yr(?;;^ Damage. 221

fate damage done by his cattle, without any fault or
negligence of his. if civil laws * have been more ri-
gid upon the owners, it has been with this view, that
the owners may be made more careful in guarding well
their flaves and cattle, which are kept for their own be-
hoof.

If one without any malicious defign has done da-
mage, he ought to (hew himfelf ready at firft to do or
perform whatever any wife arbiter fiiall judge reafon-
able, and to declare the innocence of his defigi^s. If
one has had an evil intention, and truly repents after-
wards of it; he ought alfo to offer compenfation, to
beg pardon, and give whatever fecurity againfl: future
injuries a prudent arbiter ftiall think fufficient. Noman
truly repents of any injury he has done, nay he per-
fifts in it, while he declines to do thefe things, and de-
tains the gain of his injuftice. But when the injurious
offer all thefe things voluntarily, we are bound to be
reconciled and to pardon them : which all of us fhould
do the more readily and heartily, that each one fo of-
ten needs to be pardoned, if not by his fellow-crea-
tures, yet by our merciful Creator.

IV. Whe.^ one obftinately perfifts in his injuries
and won't defifl from his defigns upon admonition,
nor repair damages done ; or refufes to perform what
we have a perfedl right to demand ; not only our pri-
vate interefts, but the common interefts, and fafety
of all requires, that the injuries intended (hould be re-
pelled by violence, and reparation of damage and what-
ever elfe is due to us by a perfe(5l claim fhould be obtain-
ed; and even fome further evil inflidled on him, by

* Exod. xxi. 28,30. Inflitutes. iv. title 8, 9,

322 Rights ^War. Book II.

the terror of which both he and others be reftrained
from the like pradlices.

This violent defence or profecution of our rights
is war. But as one grand view of conftituting civil
power was this, as 'tis known to all, that the con-
troverfies of citizens fliould be decided by impartial
judges, and thus the mifchiefs prevented which might
arife from mens redreflingthemfelves under freih im-
prelTions of injuries ; very different rules of violent
defence or profecution muft obtain according as men
are either in natural liberty or under civil govern-
ment.

Wars are divided into publick and private. The
former are fuch as are undertaken by a ftate^ or in the
name of a body of people : private wars are thofe a-
mong private perfons. The publick wars are divided
into ihtfolemny or thefe authorized on both fides by
the fupreme powers offtates,uponfome fpeciousfhews
of right; and thofe fo authorized only on one fide:
fuch as the wars made upon bands of pyrates or rob-
bers, or citizens making infurredlions; or what are
called civil ivars, between different parties in the fame
ftate contending about fome rights of the people, or
of the government.

We fir ft treat of the private ivars of men in natu-
ral liberty. And the fame reafonings hold in publick
m)ars; Cnce fovereign ftates and princes are with re-
fpedl to each other in the fame condition of natural
liberty.

V. We have already (hewn that wars both publick
and private are fometimes lawful, nay necelTary for the
common fafety. Nor do the fcriptures prohibit them
in all cafes : as they plainly authorize civil power, give

Ch. ly. Rights ^ War. 222

to magiftrates the * po^er of the /word, and praifc
fbnie eminent heroes in war.

In both kinds of war three points are to be fettled :
XhQ juji caufes, the term of commencing ^ and the term
§f ending them, or the fum of our demands in war.
AVhen we fpeak of thcfe three in the wars of particu-
lar perfons, they are to be differently determined ac-
cording as the parties live in natural liberty or under
civil government.

But we mu(t always remember, that tho' we have
received the very greateft injuries from any perfon, yet
we ought to maintain good-will toward him, and e-
ven de(ire his happinefs, as far as it is confident with
that of better men and of the community. All cle-
mency confiftent with thefe ends, toward even the
moft injurious, is what every man's heart muft ap-
prove. When therefor any injury is defigned or done
to us, we fhould try firft all gentler methods, cither to
prevent it, or obtain reparation of damage and fecurity
for the future. Nor fhould we judge that an unjuft
enemy has forfeited all his rights, or that every out-
rage againrt him is juflifiable. That violence alone is
jufl which is necefTary, or naturally conducive, to re-
pell the injury, repair the damage, or obtain fecurity
for the future. Any cruelty not requifite for thefe
ends is plainly criminal and deteftable; as it occafl-
ons grievous fufferings to fome of our fellows, with-
out any necefFity for the interefts of others ; and is a

* The jus gladii is well known to Include both the power
of capital puniihment. and of defending a country by arms,
among the Romans to whom the apoftle writes, Ch. xiii. 4.
Sec alfoHebr. xi. 32, 33,34, iPet.ii. 23, 14.

224 Rights o/VJak. Book II.

precedent to like cruelties on other occafions^even to-
ward thore who have a jufl: caufe in war.

VI. Th E juft caufes of beginning war in natural li-
berty are any violation of a perfed right. There could
be no fecurity in life, none of our rights could be fafe,
were we prohibited all violent efforts againft the inju-
rious, and they allowed to pafs with impunity. By a
frequent repetition of even fmaller injuries the greateft
wealth muft foon be exhaufted : and life muft become
intolerable to innocent men if they are thus expofed
to the perpetual infults of their petulant or infolent
neighbours. Humanity may often perfuade a good
man to overlook lighter injuries, which can eafily be
repaired ; if efpecially, they proceeded from fomefud-
den guft of paffion in men who in the main parts of
their charader are good, and will foon repent of it.
" Yet no man can juftly claim fuch patience toward him-
felf from others. There are fome more rare cafes in
which perhaps it may be juft to make war before any
injury is done or attempted : but of thefe hereafter.*
' When therefor any of our perfed rights are violat-
ed, either by deftroying or damaging our goods, or
refufing what we have a perfed right to claim ; or v/hen
a like injury is done to any innocent neighbour ; 'tis
lawful, nay often honourable by force to compell thofc
who oppofe us or our neighbour in obtaining oui
rights, to defift from thefe injuries, and to perform
whatever is due to us. We may feize the particulai
goods we have a claim upon ; or if we cannot hnc
them, felze any goods of the enemy fufficient to com
penfate all that's due to us. And in computing this

* Book III. ix. 2.

Ch.iS* Rights (?/"War. itz;

we fhould include all our labours, and lofTes or expen-
ces occafioned by the injury. Nay we may proceed
further by way of puniffiment, or obtaining fecurity
for the future, as far as a wife arbiter will judge necef-
fary: [but of this prefently].

In civil fociety indeed, thefe injuries alone juftify
the violence of private perfbns againft any fellow fub-
jec^ who is amenable to laws, which may occafion an
irreparable damage. The warding off, or the repair-
ing of others fhould be obtained in a more prudent
way by the aid of the magiftrate. But fuch as can nei-
ther be prevented nor remedied this way, wejufUy may
repell with violence. But if any one, who is as to right
a citizen or fubje^l, renounces this bond ; or makes
his attempts fo fecretly that there's fmall hope of
bringing him to judice; we have the fame rights a-
gainft him as if we were in natural liberty. * Such are
all robbers and thieves in the night. A gainft other citi-
zens our remedy mull be obtained from judges or ma-
giftrates.

VII. The term of commencing violence in liber-
ty, is when one either by exprefs declaration or any
hoftile adtion has difcovered a fixed purpofe of hurt-
ing us or any innocent neighbour ; and v/on't defift
upon admonition. We are not obliged to receive the
firft aflault ; as it may perhaps prove fital to us : nor
need we wait till the injury is executed ; which may
perhaps prove irreparable : and 'tis generally eafier to
prevent than to remedy. We may therefor juftly pre-
vent and furprize fuch as have formed and declared
fufficiently their injurious deligns of hoftility.

* Exod. xxii. 2, 3 . and fome fragments of the i 2 tables,
P

^26 Rights <?^War. Book II.

The proper term of commencing In civil life any
violence that may be dangerous to others, is when the
aggreiTor has brought us into fuch ftraits that we can
neither retire without danger, nor obtain any aids from
niagiftrates or our fellow-citizens.

VIII. The term or bounds beyond which we ought
not to continue violence in natural liberty, are when
the aggreffor or the author of the injury either volun-
tarily repenting, or compelled by force, defifts from
injuring, and offers compenfation of all damages done,
and fuch fecurity for the future as any prudent arbiter
fliall judge neceffary. If he obftinately refufes thefe
things, we may juftly obtain them by force. Nay the
common intereft of mankind requires that fuch as
without any plaufible fhew of right, have done grofs
injuries, and given fuch dangerous example to others,
(hould be puniftied in fueh a fevere manner as may
probably deter not only therafelves,but all others from
like crimes.

The fame reafons which juftify the inflidling of pu-
nifhments in civil life, juftify it alfo in natural liberty ;
tho' in this ttate we cannot expedt that punifhmcnts
fhall be fo efFedually executed, or fo prudently regula-
ted. Neither the grounds of punifhments, nor the rea-
fons of infliifiing them, prefuppofe civil power in the
inflicfler, nor civil fubjedlon in the fufferer.

Under civil government fubjedls ought not to con-
tinue violence after they are fecured from prefcnt dan-
ger. The reparation of injuries and precautions for the
future are to be obtained by the fentence of a judge,
and not by the violence of the enraged parties. All
jufl: violence fhould be with a view either to the de-
fence of our rights, or to fome publick advantage.

Ch. 15. Rights ^ War. 227

What has not fuch Intention ; and is accompanied
v/ith hatred of the perfon, and joy in his mifery, is
that criminal revenge^ which is condemned both by
the natural and chriftian laws.

And further as rights refpedl not only our holding
or pofieffing, but alfo our obtaining fometimes from
others fome goods or fervices : in natural liberty wd
may ufe violence in purfuit of what is due to us from
others, when they refufe to perform voluntarily what
we juftly demand. But in civil life all fuch profecutioir
of our rights fhould be made by adions in law, either
for debts, reparation of damages, or precautions agalnft
damages apprehended ; and thefe matters decided by
the wifdom of magiftrates and judges: as muft appear
from what was faid about the caufes of war in natural
liberty, and the ends of civil government.

IX. From tliefe principles it muft follow that fucl^
duels as are often pradifed among us, where the chal-
lenger and the perfon challenged meet in a place ap-
pointed, intending the death of each other, or what;
may occafion death, cannot be juftified either in natu-
ral liberty or civil fociety. Reafon would always teach
a far better method of defending and profecuting our
rights ; firft, by committing any difputed point to ar-^
biters in natural liberty ; and if either fide declined to
fubmit to them, the other fhould obtain the affiftance
of fuch neighbours as the equity of his caufeor regard
to the common fafety can engage to his fide, and make
open war in profecution of his right. As to any re-
proaches or contumelies ; the duel is often a fooJiili,
and often too cruel a method of refuting them. The
fortune of the combat is often as blind and capricious
SIS any ; and death is too grievous a punifbment for ©p-

P 2

2^8 Rights of Wak» Book IL

probrious words. If one has hurt the characfler of o-
thers, either by falfe reports, or even by divulging in-^
humanly, without any neceffity, their fecret vices ;
in natural liberty we may juftly, with the afliftance of
friendly neighbours, infli<fl fuch publick puniftiment as
any wife arbitrators (hall deem proper for the crime.
And if in this ftate any one has given full evidence of
anhoftile intention to deftroy us; we ftiould rather
take the fafeft way to prevent by furprize, or to re-
ftrain him, in fuch manner as our own and the common
fafety requires. Nay under civil government, we are
not bound to avoid publick places, or negledt any bu-
finefs which requires our appearing abroad, becaufe
we know that one defigns to afTault us ; unlefs either
humanity or a regard to our fafety move us to it.
And if we areunjuftly attacked while we are employed
in our own lawful bufinefs, we may juftly defend our-
felves even by killing the aggreffbr : and doing fo is
often a very ufeful fervice to mankind. All this may
be done without any concerted duels.

But if the legiflator has been fo negligent of a moft
important matter, as to appointno fuitable legal redrefs
for the citizens when injured in their characters by ca*
lumnies or reproaches; and if that cuftom prevails,
which took its rife in the moft barbarous and fuperfti-
tious ages, that a man is deemed infamous, and always
expofed to new infults, and thefe generally approved
too, if upon certain reproaches or contumelies utter-
ed againft him, he docs not challenge the author of
them; which will be the cafe too with one who de-
chnes to accept a challenge from any who imagine
they are injured by him. The larger (hare of this
guilt is chargeable on the civil governors themfelves;

Ch. ij. Rights <?/* War. 229

tho' the parties are not excufable, efpecially the chal-
lenger. For a good man may generally find a better
way of vindicating his charadler, and even of (hewing
his fortitude, if either there arife any publick wars, or
if he is firft attacked by violence.

There is indeed one cafe in which concerted duels
may be lawful on one fide: * if a publick enemy of
our country, of fuperior power, trufting to the va-
lour of fome champion on his fide, offers to grant us
reafonable terms of peace only upon the event of this
champion's being defeated by one of our fide ; or will
have the controverfy decided according to the fate of
fuch a combat. 'Tis no doubt foolifii and inhuman to
decide controverfies this way, when it might be done
by arbitration. But if a more potent enemy will not
confent to any other way; 'tis a glorious adlion on
our fide, if one to prevent much blood-fhed expofes
himfclf for his country to this hazard, in which his
country has better hopes of fuccefs than any other
^way.

* Grotius D. JurcB, &c. iii. 20. 43.

p 3

23 c>

CHAP. XVI.

Extraordinary Rights in Cases of 1<Ieces'
tiTY^a?7dthe common Rights of Mankind.

IT has been already frequently (hewn that an imme-
diate ienfe generally points out and recommends
our feveral duties ; and that there are different de-
grees of ihem, in a certain fubordination, fome more,
Ibme lefs honourable ; that the later fhould give place
to the former, when they are inconfiftent ; and that
the fupreme beauty appeared in thefe affedionsof foul
which are moft extenfive, which fhould therefor con-
troul the narrower : and that in confequence of this,
all the rights of individuals, and all the fpecial rules
of life fhould be ppftponed to the univerfal intereft of
all. Altho' therefor thefe practical conclufions called
the fpedal laivf of nature, which we are facredly bound
in all ordinary cafes to obferve, point out what is almofl:
continually the virtuous part; yet by an extraordi-
nary change of circumflances, it may become our du-
ty to adl in a different manner ; and fuch fingular
cafes are to be deemed excepted in thefe fpecial laws.
We never fhould fpeak thus, that in cafes of fingular
neceflity, we may juflly violate the Jaw of nature, or
a(El unjuflly or vitioufly : fuch expreflions are contra-
di<flions. But it is truly obeying the law to take the
benefit of any exceptions appointed in it ; or to follow
the more facred law when it derogates anything from
pne of lefs importance. Now of all the fecial laws

Ch. i6. Rights ^j/'Necessity; 231

that is the mod facred, which prefers the general in-
tereft and fafety to that of individuals or fmall par-

ties.

II. But as the fenfe of every good man mud (hew
it to be of high importance to preferve the authority
of all the fpeciai laws, and that they fhould be religi-
cufly regarded; we cannot te juftified in departing
from their appointment upon any light caufes : the ne-
cefTity muft be great and manifeft which will juftify it.
We muft not only confider cauiioufly what prefeniad*
vantages may enfue in this cafe from fuch a fingular
ftep; or what prefent inconveniences from following
the ordinary law; but much more what greater and
heavier and more general evils may follow from fuch
a liberty allowed to alL Let us take an example or two,
which may illuftrate other cafes. As the maintaining of
veracity and faith in our converfation and dealings is of
the higheft importance to fociety ; as is alfo the main-
taining the rights of property, and leaving to each one
the free adminiftration of his own, for the mutual con-
fidence and fecurity of men in fociety : the caufes muft
be of the higheft nature, fome terrible evils to be a-
voided or exceeding great advantages to be obtained
which can be allowed to make exceptions from thefe
important rules. Nor ought this pleaof neceOlty to be
extended to lighter matters : for we (hould confider all
the confequences, even of a remoter kind which muft
enfue upon diminiOiing the deep reverence men fliould
have for thefe laws. No cafes therefor but thdfe of
the higheft nature are to be deemed excepted ; wheix
evils fuperior to all thefe evil confequences are to be
averted : and none will reckon among thefe, any or-
dinary ones of a lighter nature, unlefs he is plaiu-

P 4

232 Rights ^Necessity. Bpokll.

ly wicked and impious, void of any confcience of
duty.

'Tis to no purpofe to argue here, that we are to do
nothing vitious for any profpeas ofadvantage. In this
all agree. But the queftion is, whether fuch extraor-
dinary condu(5l be vitious in thefe circumftances, or
not ? It fhould not be ihatter of hefitation, whether
we may abandon the confcientious part for the advan-
tageous : but whether fonie great utility to enfue don't
make fome extraordinary fteps lawful or honourable ?
Kor is it more to the purpofe to allege, that we fhould
always adhere to the divine laws, and that we are no
judges of future events, but fliould commit them to
providence. Surh things are pleaded by fome very
good men, tho' not very acutely in this point. For
the very queftion is, are not thefe cafes to be deemed
exceptions in the divine hws ? and made known to us
by the fame ufe of reafon by which the law itfelf is
made known ? If we are no competent judges of future
tendencies, we are no judges about the ordinary na-
tural laws; which are no otherways difcovered than
by our reafoning upon the tendencies of certain me-
thods of adlion, as they appear conducive to the pu-
blick intereft or detrimental : for no man can allege
that our fole rule of life are the impulfes of each par-
ticular paflion wliich we may generally approve in or-
dinary cafes.

Ts^o doubt wicked felfifii men devoted wholly to their
own interefts or pleafures will abufe this plea ; but not
without fuch impiety and unfairnefs of mind as wouli
break through any bonds of laws. The pafTionateand
revengeful often abufe the do(51rine of felf-defence, and
that about profecuting the injurious : but we don'f

di. i6. Rights ^Necessitv. 233

therefor quit this do«51rine, and prohibit all violence
in defence or profecution of our rights. Morfhould we
any more condemn all departure in (ingular cafes from
what the fpecial Jaws of nature require in ordinary
ones. Men feem agreed that the common rules of pro-
perty yield to fome fingular exigences. One may ufe
or defiroy the goods of another without his confent,
when 'tis necellaryfor the prefervation of multitudes,
as in the lightening of (hips in a ftorm, or blowing up
of a houfe to ftop a raging fire. Nay fome higher laws
give way to fingular necelFities. The braveft and beft
citizens are expofed to certain death for their coun-
try, in fervices where there can be no hopes of their
efcaping. By drawing a, bridge or (hutting the gates,
by which all the citizens have a right to be protected,
the braveft men are fometimes expofed to the mo(l
cruel enemies. Tullus Hofiilius is renowned to all ages
for prefence of mind in delivering a falfc account, by
v;hich the Roman people were.preferved. But this
doclrine fo liable to mifapplication needs always the
following cautions.

III. First of all : the two general laws about lov-
iiigGod and our neighbour, or of promoting the ge-
neral good of all, admit of no exceptions : nay in this
later are founded all the exceptions which lye againft
any of the more fpecial laws. But the external ads of
worfhip are not necefTarily annexed to any one time,
and therefor yield to urgent exigencies,

2. The more honourable any perfon's temper is,
the lefs apt will he be to allow to hirafelf exceptions
for any fmaller intereft of his own, or to claim anypri-»
vilegesof necefFity.

3 . We muft bring into account all the efiefts pro*

234 Rights <?/* NecessitV. Book IL

bably to enfue from any extraordinary fteps, v/hether
by natural confequence, or from the unfairnefs or rafh-
nefs of others. Not that men are to be excluded from
every right which unjuft perfons may make a pretence
of in improper cafes: but even thefebad confequences
are to come into the general account, to prevent ouc
allowing exceptions in any but the mod weighty cafes.
So that no man can plead exceptions in lighter ones,
without that depravity of mind which would break
any acknowledged law, without any fuch pretence.

4. The morefacred and important any law is, the
greater mufl: the caufes be which can found any ex-
ception.

5. Caufes of a publick nature are far more honour-
able than thofe of a man's own advantage. A good
man often may quit part of his own right; and *tis
often honourable not to take the advantages he might.
But he is not thus mafter of the publick interefts, and
muft adt according to what the exigence of the times
require.

6. No plea of neceflity will juftify a man In freeing
himfelf from any threatening evil, by carting the like
or greater upon any innocent perfon. This is plainly
not fubfervient to any publick utility.

7. Whatever fmaller damages we cad on others
who do not confent to fufFer them gratuitoufly, in or-
der to free ourfelves from any great danger, we are
facredly bound to repair. To this right in natural li-
berty, of warding off fome great danger by anions
detrimental to others, there correfponds in civil focie-
ty an eminent right in the fupreme powers y of which
hereafter.*

^ Book III. Ch, V. 4,

Ch. i6. Rights o/^Necessitt. 233^

IV. From the common bond of all with all, by
which all mankind are conflituted by nature one great
fociety, with fome common laws binding them, there
arifc certain common rights, not fpecially regarding the
utility of any one, or a few, but that of all in general;
Which therefor every one as he has opportunity fhould
jtnaintain and profecute. Thefe rights as they obtailt
alfo in natural liberty, fliould be confidered previouf-
ly to thofe of civil focieties. We (hall give a few in«
ftances, which will alfo lead us to others.

1. Mankind as a body, and each one as he has occa-
fion, have a right to hinder any one to quit life with*
out a juft caufe, or thus defert the duties incumbent
on him. Suicide (hould therefor be prevented, or fuch
felf-maiming as may make one unfit for the duties of
life.

2. There's alfo a common right of all, to prevent
certain vitious practices of moft: pernicious example,
which yet cannot be faid to injure any one perfon more
than another: fuch as monftrous lufts, procuring a-
bortion, or any other practices which are hurtful to
mankind in general.

3 . We are likewife to hinder any man to deftroy
fuch goods of his own as may be very ufeful in life,
out of any cap,rice or ill-nature : nay they fhould not
be allowed to perifhofthemfelves without being ufed.

4. There's alfo a like common right of one and all,
to prevent injuries, and to punifh fuch as are done; fo
that by the terror of the punifhment, others alfo may
be reftrained from like attempts.

5. Mankind have a right alfo to compell any per-
fon, who has difcovered any fecret of great ufe in life,
to divulge it upon reafonable compenfations, and not

236 Rights <?/* Necessity. Book II,

fufFer It to perl(h with hlmfelf; that fuch as need it
may alfo enjoy the benefit,

6. Mankind in general, and every fociety, may juft-
ly require it of all fuch as enjoy ordinary health and
ftrength, unlefs they otherways have a fund for their
fupport, that they fhould maintain themfelves by their
own labour, and not intercept the liberality or charity
of good men ; which is due only to the weak who
cannot fupport themfelves. Such flothful wretches are
to be compelled to labour.

Theinftances we have given are rights of the per-
fect kind belonging to mankind as a body. Imperfedt
rights of this clafs anfwer to the general duties of hu?
manity and beneficence (above explained in treating
of the nature of virtue) which muft be left free to the
honour and confcience of men.

237

CHAP. XVII.

Hoix) Rights and Obligations ceafe : ioio
Controversies are to be decided in natural
Liberty: ^/^^//^<?Rules<2/^Interpretation.

OBLIGATIONS ceafe by three feveral ways: by
\!c\^ paying or performing what was due ; by re-
mijjton in favour of the debtor ; and by \\it failing of
the condition.

Payment may be made either by the debtor him-
felf, or any commiffioned by him, or ading in his name
and for his behoof; but it muft be at the time and
place agreed on. Where payment is offered not by ap-
pointment of the debtor, nor for his behoof; the cre-
ditor is not bound to transfer his right againft the
debtor to the perfon thus offering payment, who may
bave fomemalicious intention againft the debtor. What
is here faid relates only to the delivery of common
?oods or money, or performing common labours or
fervices, in which 'tis no matter to the creditor who
pays him. The cafe is otherways in homages of ho-
[lour, or fuch labours as are valued on account of An-
gular ingenuity. In thefe no fubftitution can be made
ivithout the confent of the perfon to whom they are
lue.

In money, or goods only regarded by weights, mea-
sures, or quantities ; if two perfons be mutually indebt-
ed to each other in equal fums, and the days of pay-

jjjSt Ho^ Obligations ceafe. Book 11.

ment on both fides come, the debts mutually deftroy
each other : and this is peculiarly called compenfation,
ISlay tho' the fums are not equal, yet the debts fhould
be deemed abolifhed as far as the fums concur, and the
furplus only to remain due.

To the fecond way, to wit, of fome remiffion ; are
reducible all thefe tranfa^lons or bargains agreed to
for extinguifliing difputed claims : as alfo delegat'mis ^
by which the debtor with confent of the creditor tranf-
fers to him an equivalent debt due to himfelf: as al-
fo the forgiving of debts and accepting any thing in
lieu of them ; and laftly mutual difTent of the parties,
by which the mutual obligations of a bargain are ta-
ken away.

3. Under the head of the failure of the condition,
|S included the ferfidy of one party in a bargain ; which
fets the other free, if he choofes it, rather than to corn-
pell the perfidious to performance : as alfo a change ol
Jiate; by which all obhgations are made void which
were plainly founded upon it: as alfo the expiratioi
efthe time; which takes away obligations which were
to endure no longer : and laftly death takes away fuch
as only refpeded the perfons, and were not defigned
to fubfift to the heirs of the creditor, or affecl: the heirs
of the debtor: and thefe points are generally knowr
from the nature of the bufinefs, or the terms of the
contradt.

II. In natural liberty controverfies are beft decided
by friendly conferences of the parties,, or the interpo-
fal of common friends; or by an abfolute comprovnft
or fubmiffion to arbiters of approved charaders ; and
this either as to the ftria point of right, or as to the

Ch. 17- Decision ^Controversies. 239

equitable and humane part on both fides. Every good
man would always choofeto make fubmiffions of this
later fort, and not inCft upon the ftri(5teft point of
right.

The proper arbiters are perfons of wifdom, under
no fpecial attachment to either fide, and who can gain
nothing by the decifion of the caufe in favour of ei-
ther party. Such men influenced by no intereft or
paflion, tho' they be neither wifer nor better men
than the parties contending, yet will more eafily dif-
cern what is jufl: and equitable. The parties arc
bound to (land to their decifion, unlefs they find evi-
dence of corruption, fuch as fome fecret contradl with
one party ; or unlefs there be fuch manifeft iniquity in
the decifion as muft plainly evidence fome fraud or un-
fairnefs. But if it is only fome fmaller inequality or
miftake in the decifion, upon fome fhew of right, by
which one party thinks he is wronged, he is notwith-
(landing bound to fubmit to the award.

The arbiters fhould proceed as judges do, to find
out the truth by the acknowlegements of the parties,
or by figned deeds, or other fuch documents: and
next to cite witneflTes, and interrogate them upon
oath ; regarding always this, whether the witneffes
be not engaged by intereft on one fide ; and they
fliould demand two at leaft to proceed upon. For
tho* the credibility does not at all increafe in pro-
portion to the numbers of witneffes, and fometimes
the teftimony of one wife honeft man gives full fatit
fadion ; yet it would be dangerous to proceed upon
the teftimony of one : as a perfon of great h5rpocrify
and art and prefence of raind may contrive fuch a

^^o Interpretation. BookiL

confident ftory, that no Interrogatories put to him
can detea the falfhood of it, or make him contradia:
himfelf. But when two or more witneiTes, are fepa-
rately examined, without hearing each others tefti-
monies, about all fuch circumftances as might have
been obferved by perfons really prefent, (of which a
vaft multhude may occur to a fagacious judge); if
they either frequently contradia each other ; or both
always remember the fame circumftances, and both
always pretend to have forgot or overlooked the
fame circumftances, they give plain evidence of a
concerted fraud. [A compleat confiftency there-
for of two thus examined, gives abundant evi-
dence.]

III. For difcovering the true intent and mean-
ing of promifes, contraas, teftaments, and written
laws, the proper rules of interpretation are often ufe-
ful. But they belong rather to the art of criticifm
than to morals ; as they are not peculiar to thefc
matters.

1. We muft ftill remember that fuch as pro-
fefs to contraa with others, and ufe fuch figns as
commonly exprefs contraaing, are to be deemed
bound, whatever way their mind was then employ-
ed: nor otherways could there be any faith in com-
merce.

2. The fenfe of common popular ivords is to be
determined by cuftom, without regard to original
meanings or etymologies; unlcfs there appears evi-
dence that they were taken in an unufual fenfe.

3. Terms of art are to be underftood according to
the definitions of the artifts.

Ch. 17. Interpretation. 241

4. VV^here the different parts of any deed relate to
the fame thing ; the ambiguous or obfcure are to be
cleared up by the more plain and diftin^l.

5. If words taken in their fimple and unfigured
fenfe import fomething contradictory and abfurd, but
not when interpreted as figurative; they are to be
deemed figurative.

6. In deeds which convey no right in their prior
pans to fuch as don't alio confent to the fubfequent;
the fubfequent limit the preceeding. This holds in
the different parts of teftamcnts, and in different deeds
made between the fame parties.

7. There are alfo jud conjedures of interpretation
to be derived from the fiihj^^ -mattery the circumjlan'^
cesy effe^s^ or confeqtients. For that is probably the
true interpretation which fuits the fubjcdt-matter and
circumftances, or which involves no abfurd confer
quences..

8. Contrails are befl explained from knowing the
views of the parties; and laws in like manner from
^he reafon or defign of them.

9. We are alfo to regard whether the matter be of
a defirahle or favourable nature, or on the contrary un^
defirable or odious ; for accordingly we give a larger
or more confined fenfe to the words,

IV, But where all or any of the contending par*
ties in natural liberty, trufting to their own ftrength,
and each dreading the interefl: or art of his adver-
faries in influencing any arbiters they might choofe,
declines to compromife ; there remains no other re-
medy than that each defender profecute his right by
violence, with what aid he can get from hi§ neigh-^

242 iNtERPRETATlOIT. Bookll.

bours : and by tbis means multitudes mud often be in-
volved in great inconveniences and dangers. Now
Vis probable, that in order to avoid thefe mifchiefs,
and to get large focieties regulated by the authority of
a few of the wifer fort, in the decifion of their de-
bates, and the exerting their united force for the com-
mon fafety of all, men have had recourfe to apolitical
union and a civil power.

243
THE

ELEMENTS

o F

MORAL PHILOSOPHY^

BOOK IIL

The Principles of Oeconomicks
AND Politicks*

CHAP. L
Concerning Marriage.

WE have in the former book treated of the rights
and obligations of that Jldte of liberty conjii^
ttited by nature. We proceed to the adven*
titious JfateSy founded upon fome human deed or in-
ftitution.

Thefe ftates are either domejikky regarding the uti*
lity of a few, fo many only as can fubfift in one fami-
ly; or pubiick, refpeding the utility of a whole nati-
on or ftate, or even of many ftates.

Oeconomicks treat of the rights and obligations in
a family ; the chief points of which arc delivered in

<12

244 ^Marriage. Book III.

thefe firfl: three chapters. Inhere are many other ad-
ventitious dates of perfons united in fome narrower
communities or corporations included within fome po?
litical body, and fubjed to it; of which there are in-
numerable multitudes, which are not under the cogni-
fance of philofophy.

II. All kinds of terredrlal animals mufl: have fub-
jfifted only for one age, if nature had not confulted
thfir prefervation by a difFerence of fex, a defire of off-
fpring, and a tender care of it till it can fubfifl: by it-
felf. In the brute animals nature has done little more ;
as their young can fee fufficiently preferved and rear-
ed by the care of their dams, fmce they need fcarce a-
ny inftrudtion for their fimple ways of life. Nature
finds all the clothing and armour they need ; and the
earthofitfelf fends up their food in abundance. But
for the improvement and even prefervation of human
life a multitude of arts and inventions are necefTary ;
as their bodies are more delicate, needing nicer food,
and clothings and other care ; and their minds capable
of many delightful arts. Their offspring therefor, by
the wife order of nature, continues far longer tender
$nd infirm, needing the conftantcare of the adult ; that
thus they may be more eafily governed and jnftrudled
in the various arts of life, before they acquire untrac-
table ftrength.

Now as the mothers are quite infufficient alone for
this neceiTary and laborious task, which nature alfo has
plainly enjoined on both the parents by implanting in
both that ftrong parental afFedtion ; both parents are
bound to concur in it, with joint labour, and united
cares for a great (hare of their lives : and this can ne-
y^r be tolerable to them ynlefs they are preyioufly uni*

Ch. I. 0^ Marriage. 245

ted in love and ftable friendship : as new children alfo
muft be coming into life, prolonging this joint charge.
To engage mankind more chearfully in this laborious
fervice nature has implanted vehement afFedions be-
tween the fexcs ; excited not fo much by views of bru-
tal pleafure, as by fome appearances of virtues, difplay-
ed in their behaviour, and even by their very form and
countenances. Thefellrongimpulfesplainlyfhew ittp
be the intention of nature that human offspring (hould
be propagated only by parents firft united in ftable
friendfhip, and in a firm covenant about perpetual co-
habitation and joint care of their common children.
For all true friendfhip aims at perpetuity: there's no
friendfhip in a bond only for a fixed term of years, or
in one depending upon certain events which the ut-
niofl: fidelity of the parties cannot enfure.

III. Th 1 s natural love of the fexes, and equally na-
tural love of offspring, fliew that Plato and fome other
excellent writers are juftly cenfurablc, for departing
too audacioufly from nature, in appointing their ftates
to be fupplied in new fubjeds by children unknowa
to both the parents 5 and this in order to prevent fome
evils * which may be prevented in a much more ea{y
and gentle manner. For never could any laws or infti-
tutions have fuch influence, that perfons quite uncer-
tain about their offspring, and hence not influenced by

* Sec Plato's fchcmc in his books de RepubUca. The evils
avoided by his fcheme, are avarice, and injuftlce; vaft e*
ftates, and the attendanc power and influence, defcending to
worthlcfs heirs; the employing mens affei^ions upon thije
contrafted lyftem of a family or two, which otherways
mi^^ht be extended to the whole ftate ; and thence many
difTentions aiid fa^ions.

0.3

246 ^Marriage. BookllL

the natural affeflion, would take a proper care of the
young. Or if they were compelled efFedually, the la-
bour would be moft difagreeable to them, which to pa-
rents affured of their own offspring is light and de-
lightful. And further while their ofFspringis unknown,
men want one of the (Irongeft incitements to all dili-
gence and induflry. Nay further Plato^s fcheme, with-
out any fulEcient reafon or criterion that one can un-
derftand, is only calculated for the happinefs of the
few finer fpirits ; while the plurality are fubjeded to a
miferable flavery.

Kay further ; thefe inconveniences he dreads fo
much from each one's knowinghis own children, might
be prevented another way, by proper laws and pu-
blick inftitutions about education, teftaments, and fuc-
ceffions. Nor can we afcribe the fa^ions which often
tear dates to pieces to our knowing the tyes of blood ;
as one may eafily fee in all nations. He fhould alfo
have prevented all particular friendfhips; or ftewn
that men have much fuperior fagacity in the choice of
friends or of ftate-parties, than he allows them about
the education of children, or the love of kinfmen, or
in making their teftaments.

As to the apprehenfion of danger from this, that ma-
ny very weak men by means of the tender parental af-
fedions come into great wealth, 'tis without ground.
The offspring of the weak is frequently very vigorous;
and that of the vigorous weak, both in mind and bo-
Jy. Nor is it neceffary for any ftate that all its mem-
bers fhould be either robuft or ingenious. And fome-
times the fineft genius is lodged in an infirm body.

IV. We mufl: not therefor through fear of a few
inconveniences counteradt what nature has fo ftrongly

Ch. 1. Q/" Marriage. 247

recommended : but rather look upon all fuch deduc-
tions of reafon, as Ihew how a faithful friendfhip may
be maintained in wedlock, for the proper education of
offspring, as fo many facred laws of nature. Men
ought to reftrain not only all monftrous luils, as out-
rages againft God and nature, but alfo all diflblute pro-
creation without any proper covenant about a friendly
fociety for life. For if fuch indulgence were allowed
to all, it muft deftroy both the bodies and minds of
the youth, produce a race deftitute of all paternal af-
fiftance, and expofe the incautious mothers to infamy,
poverty and a perpetual coiirfe of debauchery, without
any hopes of ever attaining any reputable ftate in life.
It were to be wifhed that an equal infamy attended the
other fex, the common authors of or folicitors to fuch

Vices*

Such adult perfons as have a fufficiertt ftock both of
Wealth to fupport a family in their condition of life,
and of prudence to govern it, feem obliged to marry,
unlefs they are hindered by fome important offices in-
confiftent with the cares of a family. It would be dif-
honourable for one without a weighty caufe to dechne
his fhare of the cares and fervices requifite for the pre-
fervation of the human race.

V. The chief articles in this covenant are thefe,
1 . *< That the woman be faithful to the man in coha-
*^* biting with no other;'' as it muft be the greateft
injury to impofe upon him an adulterous offspring, for
heirs to his fortune, and objeds of that affe^ion which
is naturally due only to his own.

2. The fecond is, " that the husband (hpuld be e-
'^ qually faithful to the wife." For it is a natural ini-
quity that the wife's conjugal affedtion, and all her

Q, 4

248 Of Marriage. Book IK,

cares and fortune, (hould be devoted to one man and
his offspring; while the afff;(5lions of the husband are
allowed to be intercepted by, or difperfed among fe-
veral women and their children, and along with it his
fortune.

Simultaneous polygamy is not to be allowed to men,
not only on account of the inequality or inicjuity now
mentioned, but becaufe it alfo deflroys all friendfhip in
marriage ; muft be the caufe of perpetual contenti-
ons; muft tempt women fo injurioufly treated into a-
dulteries; muft corrupt the minds of men with wan-
dering luft, deftroying their natural affedion to their
children ; and muft occafion to fome an offspring too
numerous, which therefore will be neglected, and be
voidof allfenfeofduty to fuchdiffolute parents. And
further fince Providence preferves the numbers of
males at leaft equal to that of females, if 'tis allowed
to men to have more wives at once, many muft be
excluded altogether from marriage or having offspring;
and thus be free fromthefe tender bonds which chiefly
civilize and unite men in fociety : nor does polygamy
contribute to make nations more populous, but has
rather the contrary effed:.

3. The third article is that perfons married fhould
by a perpetual union of intercfts and purfuits, confult
the profperity of their family, and chiefly the right e-
ducation of their common children, and the improv-
ing their condition as they have opportunity.

That we may be the better fitted for obferving thefe
articles, from our infancy we fhould be enured to mo-
defty and chaftity; an high fenfe of which is deeply
fixed by nature in the fineft fpirits. All obfcenity and
lafcivioufnefs in difcourfe or behaviour is deteftable;

as it relaxes thefe bonds ofmodefty by which theyoung,
and women efpecially, are retrained from expofing
themfelves to all infamy and mifery.

4. The fourth article is, '^ that the bond be per-
'* petual, to end only by death.*' This is necelTary to
make marriage a (late of friendfhip ; as alfo generally
for the right education of children, who are fucceflive-
ly born to us for a confiderable part of life ; and this
lading duty or charge is impofed by nature equally on
both parents. It would alfo be mofi: inhuman to di-
vorce or feparate from a faithful and affedionate con-
fort for any caufes which include no moral turpitude ;
fuch as barrennefs, or infirmity of body ; or any mourn-
ful accident which no mortal could prevent, and which
muft be equally affliaing to the perfon abandoned, the
death of all the common children.

As to any proper power, or right of commanding,
vefted in either of the parties, it feems oppofite to that
tender afFedion the fpring of marriage; which rather
points out an equal friendly fociety. Nor feems there
any other reafon for giving any fuperiority to the huf-
bands, except this, that men are generally more fitfor
managing the more important bufinefs of the family,
to which the lefs important within doors fliould give
place.

The four articles above-mentioned feem fo necef-
fary, that no covenants of the parties in oppofition to
them can be valid *. Marriage therefor may be de-

* If any one in this matter infifts that fimnltaneoiis poly-
gamy was allowed in fome civilized nations; let him re-
member that (o were alfo human facrificcs, and a certain
fort of fldvery manifefily inicjuitous and inhuman, in far
more civilized nations. And tho' a plurality of wives was

250 Of Marriage. Book IIL

fined ^' a covenant between a man and woman about
*^ perpetual faithful cohabitation and joint care of their
** common offspring."

VI. The impediments of marriage are cither fuch
as are deemed to make the contrad from the firft void ;
or, afterwards make void a valid contra^. Of the for-
mer clafs fome are natural and fome moral.

Among the natural impediments, befide a manifefi
bodily weaknefs rendering one unfit for marriage, may
be reckoned alfo fome grievous diforders and miferabk
incurable difeafes, inconfiftent with a friendly fociety.
or excluding all hopes of offspring that can live. Sucli
as idiotifm,and perpetual madnefs, leprofy, and fom(
other difeafes. Very advanced years of either fid^
may juftly be deemed to make void a marriage witl:
one in the bloom of life. But if a couple both well ad-
vanced in years, covenant about a conftant cohabitati
on, there's nothing blameable in it. A third impedi
tnent is, when either party is fo young that they can
not have attained that ufe of reafon which isneceffari
to their binding themfelves by any contraft. For i
would be moft abfurd that perfons who becaufe^ o
their immature years are deemed incapable of bindin]
themfelves in any other matter, yet fhould be deeme(
capable of it in this, which is far more important thar
any other, and requires greater judgment.

allowed by the Jewifli law; yet a far purer inftitntion in
forms us, that it was permitted for the hardnefs of their hearts .
or only allowed to pafs with impunity, but not approved
The concubinage both in Heathen Rome and under the Chri
flian emperors was allowed only to fuch as had no wives
and was a marriage naturally lawful. Sec Heineccius' antiqui
tUs, in the appendix to lib. i. c. 3 8. and the following ones.

Ch. 1. ^Marriage. 251

The moral impediments which make void the con-
trad from the firft are prior contrails with others, and
too near confanguinity or affinity.

As to the former : if two perfons both apprized of
the prior contrad with another join in marriage, the
marriage fhoiild be deemed entirely void ; and both
parties fhoLiid be feverely punifhed. Where one of the
parties was not apprized of the contradt; the cafe of
this perfon is fo favourable, that the marriage confir-
med by cohabitation fhould not be made void unlefs
at the defire of this perfon : even as in other con-
trads, fubfequent real rights take place againft prior
perfonal ones: but the guilty party deferves fevere
punifhment. And that there may be no room for fuch
frauds even after complete marriages, every ftate ftiould
take care that all marriages intended fhould be previ-
oufly advertifed and fuch as are celebrated alfo be di-
vulged in the moft publick manner.

As to confanguinity invalidating marriages, there
are higher debates. Among parents and children in
the direct line, the law of nature feems to prohibit all
marriages ; not only on account of a confiderable dif-
ference of years, but becaufe the conjugal affedion
and intimacy feems quite inconfiftent with that reve-
rence implanted by nature toward parents and confir-
med by education. As to the inter-marriages of kin-
dred in the tranfuerfe line^ or collaterals, the natural
reafons offered by ingenious men don't feem conclu-
Cve to prove fuch marriages pernicious or impious.
But as we find that many nations who derived nothing
from the * JewiOi laws, held the fame marriages of col-

*SecLevit.xviH. and Tacitus's Annals. 12. j.Digeft. 33.
t'. 2.1. i7.andlaa.andLib. 3^. 1. 53. aadGrotius,ii. ;, 1 2.

fij^ Of Marriage. Book IIL

laterals inceftuous and impure ; 'tis not improbable
that they have been prohibited by fome pofitive divine
law in the earlier ages of the world ; and that fomc
veftiges of this law was prefcrved in many nations,
The intention of this law has probably been to difFufc
further among many families that good-will and en-
dearment which frequently arifes from confanguinitj
and affinity. The Deity may alfo have had in viev
fome other advantages to human offspring to arif(
from fuch intermixtures of different families.

By the Roman law, and the cuftoms of all Chrifti-
ans, marriage is prohibited to all within the fourti
degree. And the degrees are thus computed. Perfoni
a-kin have had fome common parent : and as man]
generations as have interveened on both fides fron
this ftock, fo many are the degrees. In like manner ;
man is prohibited to marry any fuch kinfwoman o
his former wife, as of his own ; to wit, within thi
fourth degree. The canon law retaining the fami
words, has yet extended the prohibitions much fur
ther ; as it computes the degrees according to the ge
nerations in one of the lines only ; and by the longei
of the two, if they are unequal: and this prohibit:
all marriages within the feventh degree of the civi
law.

VII. The caufes which break off a valid marriage
are, any violation of theeffential articles : fuch as a
dultery, obftinate defertion, capital enmity or hatred
and fuch grofs outrages as take away all hopes of an]
friendly fociety for the future. When a marriage ii
difTolved for fuch caufes, the guilty party and the afTo
ciate in the crime deferve the higheft puniffiments ; ai
thefe injuries in marriage do greater mifchief; and caul<

Ch. I. ^Marriage. 253

deeper dlftrefs than ftealing or robbery, for which ca-
pital punifhments are inflicted. The innocent party
fhould be allowed to marry ^gain : for it would be
ftrangely inhuman becaufe one has fufFered injury, that
the law fhould inflid: another hardfliip, by depriving
them of a new marriage and offspring. Nay if the
guilty parties are allowed to live, they fhould not be
hindered from marrying, except it be with the part-
ners of their guilt. They fliould rather be obliged to
marry perfons equally infamous with themfelves.

The prohibitions in the gofpel of all divorces ex^
cept in the cafe of adultery * feem elliptical, as thofe
which prohibit all ufe of oaths. They only condemn
all the caufes afligned by the Jewifh dolors, except
that one. The apoftle Paul f exprefly allows another,
and that for manifeft reafon, to wit, obflinate defer-
jtion.

The duties of perfons married confift chiefly in a
faithful and conftant affcdion, fweetnefs of manners,
and prudent care of their families; and to this purpofe
^tis neceflary they improve their minds in all virtue;
efpecially in meeknefs and calmnefs of temper; that
they may reftrain fuch paffions as their family-affairs
will be apt to excite. Without thefe virtues a conti-
nual fociety and community of all things can never be
tolerable. As to the ways of improving their fortunes,
this they muft learn from other arts, and not from phi^
lofophy.

* MaUh.v. 32. Lukcxvi. 18. ^ i Corinth, vii. ly.

254

CHAP. 11.

Tif^ Duties ^Parents ^«i Children.

AS human offspring remains for a long time in^'
firm, incapable of prcfcrving itfelf, needing
the conftant care of others, both for prefervation and
inftrudion in thefe arts and manners which are ne-
ceflary for life ; nature has plainly impofed this
charge upon the parents by that fingular afFe<5lion im-
planted in them. Nature therefor muft have defigncd
that parents (hould aflume all the power which is re-
quifite for the difcharge of this truft, and fubjedled
children to it ; while at the fame time by this tender
affedtion fufficient precaution is taken for the chil*
drens obtaining their liberty as foon as they can
fafely enjoy it ; fmce without it they cannot be hap-
py, which is the point that parents are moft folicitous
about.

The want of judgment in our immature years, and
the tender parental affedtion, the two only foundati-
ons of parental power, (hew that it cannot be perpe-
tual or during life; but muft expire as foon as chil-
dren grow up to mature ftrength of body and mind.
And yet the parental affedtion will always remain, ex-
citing parents to all kind offices, when their children
need their affiftance or counfel.

The fame confiderations (hew that this power can-
not be extended to any of the more grievous punifti*

Ch. 2. Duties (^Parents. 2jj

ments, fuch as cannot be requifite for education in
fiich tender years : much lefs can it extend to life or
liberty. A parent has no right to fell his child to per-
petual flavery, or to lay any burden upon it beyond
the value of the necefTary and prudent expences of its
education.

II. Th IS parental power belongs alike to both pa*
rents, only that in domeftick affairs the power of the
father is a little fuperior. But if he is dead or abfent
it is wholly vefled in the mother. ^

^ *Tis trifling to found this power merely in genera-
tion *, or to follow fome law-maxims about the goods
formed by our labour out of our own materials, or o-
ther acceffions of things animate or inanimate, which
have no ufe of reafon or no capacity of holding any
rights. Both the bodies and fouls of children are for-
med by the divine power, that they may, as thi^y grow
up, arrive at the fame condition of life, and an equa-
lity of right with ourfelves, tho' for fome time they
muft be governed by the wifdom of others. For chil-
drenmay have property, and other rights, quite inde-
pendent of their parents; who feem to have no other
power over any goods conveyed to their children by
others than that of tutors or curators. Whatever
parents abandon this guardianfhip of their children
committed to them by nature, either by expofing or
intirely negle^ing them, forfeit alfo the parental
power connedled with it : and any one acquires the
whole parental power who takes care of fuch chil-
dren.

• This is dcfigncd zgiind Hohhs and Filmer.

2^6 Duties (9/^Parents. Booklll.

Parents are moft facrcdly obliged to provide for
their ( hildren all the neceflaries of life, and even to
improve their condition as much as they can ; and
above all to form their manners to all virtue by in-
ftru(5lion and example: for without this their lives
muit be miferable and infamous, tho' in the greateft
affluence.

What parents expend on children who have no ftock
of their own, is jultly prefumed to be donation : and
it would be inhuman in parents, who are not in great
diftrefs, to charge food, clothing, and neceffary edu-
cation, as a debt upon their own children. But if the
parents are in great diltrefs, or if any one of their chil-
dren have a ftock derived from fome other friend, pa-
rents mayjuftly ftate fuch an account with their chil-
dren, andexaft payment from them of all the prudent
expences made upon their education ; and children
m this cafe are bound to make fuch payment either by
^heir labours or othcrways. Altho' therefor from the
common affedions of parents we juftly conclude, that
their private fortunes are acquired for their children
as well as themfelves ; whence appears the right of
children to fucceed to the inheritances of their pa^
rents ; yet children are not to look upon themfelves
as lefs bound to gratitude on this account : nay they
are rather the more bound. For the more firm and dif-
interefted any affedUon is, and the more deeply it
is rooted in the perfon*s nature, the more it is to
be valued, and the ftronger is our obligation to gra^
titude.

Ill, Parents may acquire by civil law a further
power over their children, as the law commits power

Ch. 2. Duties ^^/^ Chilbren. 2J7

power over their children, as the law commits power
to any magiftrates. For civil power having different
foundations and greater ends, extends beyond the pa-
rental. And children, as they have from their birth
enjoyed protedionand the other advantages of a civi-
lized life in a fociety conftituted for the good of all,
are plainly bound to perform to the community on
their part* all that's due from good citizens; and
particularly to preferve that conftitution, and tranfmit
the fame to future ages. Minors therefor may juftly
be delivered as hoftages, or be obliged to military fer-
vices of the greateft danger in great exigences.

IV. Children even when adult owe all reverence
and gratitude to their parents, not only in return for
benefits received, which fcarce any duty of theirs can
fufficiently compenfate ; but alfo out of regard to God,
by whofe providence it was ordered, that we defcend-
ed from fuch parents, united with them in tyes of
blood and natural affe^ion, and an habitual reverence
from our cradles. They ought therefor to bear with
patience any weaknefTes or froward humours of aged
parents, as the parents long bore their childifh follies.
Particularly 'tis the duty of children to confult the fa-
tisfadtion of their parents in entring into marriage ;
fince the parent is alfo deeply concerned in this impor-
tant flep; by which their children enter into a ftrid:
fociety for life with others, from whence muft pro-
ceed grandchildren to their parents, tofucceed fome-
times to their names and fortunes, and always to their
tenderefl: affedions.

* See Book II. ch. xiv. 2. of obligations rcfembling th.ofc
from contrads: and the following ch. v. 2.

SjS Duties ^Children. Book III.

After the proper parental power expires, there of-
ten fucceeds that of the head of a family ; which is of
fuch extent as the domefticks make it by their own
confent exprefs or tacit, by voluntarily continuing in,
or entering into, a family, where they knew fuch a
degree of power was aflumecf.

CHAP. IIL
7)5^ Rights ^Masters ^W Servants.

WHEN mankind were confiderably multiplied,
there would be many who had no other fund
of fupport than their labours; and others of greater
opulence, who for their eafe would need much of the
labours and fervices of others. And hence the relati-
on of mafter and fervant would arife, founded on fome
contrad. Nor is it of confequence whether fuch con-
trads at firft were for life, or only for a certain term :
lince excepting the point of duration, the rights and
obligations were the very fame. The points following
are of more confequence.

1. The labours of any perfon found in body and
mind, are of much more value than the bare fimple
food and clothing of a fervant ; as we plainly fee that
fuch can purchafe ail this by their labours, and fome-
thing further for the fupport of a family, and even for
fome pleafure and ornament, if any one therefor has
incautioufly infifted for no more in his contract ; yet as
the contradt is plainly onerous, he has a right to have
this inequality redrefled.*

2. Where the labours were not fpecified, the {er-
vant is deemed to have engaged only for fuch as men of
humanity in fuch ftations commonly exa6l from their
fervants ; and to have fubmitted only to fuch coerci^

* Book II. xii. 4.
E 2

26c Rights ^Masters Booklll.

on of his mafter as is neceffary for the good order of
a family, if he (hould negledt his work or misbehave.
But he retains all other natural or acquired rights,

3 . If indeed the cuftom is known to have obtained,
that heads of families affume a fort of civil power o-
ver their domefticks; the fervant is juftly deemed to
have confented to this alfo^ as far as it is managed con-
flftently with humanity. The fervant is bound to per-
form his work; but retains all the rights of fubje61s
under civil government ; particularly all fuch as are na-
turally unalienable: and mayjuftly defend them, even
by violence, againft any invafions of them by his ma-
fter.

4. Where the fervices have been fpecified in the
contrail, the fervant is bound to no other. Nay tho'
they were not, and the contradt was perpetual or for
life, yet the mafler cannot transfer him to another
without his own conient; fince 'tis of high importance
to the fervant what matter he is fubjeded to, and in
what family. And for the children of fuch fervants
they are all born free.

II. Hitherto we have treated of fervice found-
ed on contradt. But there is a far worfe kind, to wit,
of ihofe who for fome great damage done, which they
can no other way repair ; or on account of fome great
crime, are adjudged by way of punifhment unto per-
petual labours to others.

And yet even in thefe cafes, they don't lofe all the
rights of mankind, but only fuch as are naturally fit
to compenfate the damage, or are neceflary to give
fecurity to the publick againft like injuries for the fu-
ture. If the lives even of the worft criminals are fpared ;
after they have endured ail fuch publick punilhments

Ch. 3. f^f^d Servants. 261

asthefafetyof fociety may require, 'tis unjuft to treat
them with any further cruelty ; provided they are wil-
ling to perform the labours they are condemned to.
And they have a right to defend themfelves even by
violence, againfl: new injuries, or violations of any
rights ftill remaining to them* But as llavery of this
kind is conftituted folely for the behoof of others ;
the mafter may transfer to another fuch a (lave v/ith-
out his own confent. But no caufe whatfoever can de-
grade a rational creature from the clafs of men into
that of brutes or inanimate things, fo as to become
wholly the property of another, without any rights of

his own.

Nations in other refpeds not barbarous, condemn-
ed all captives in war into this mod miferable condi-
tion ; eftablifhing an inhuman law even againfl: them-
felves, and ftrangely confpiring to fubjeft themfelves
and their pofterity, upon many very pofFible contin-
gencies, to the moft miferable and ignominious treat-
ment. Upon which fubjedthe following maxims feem

juft.

1 . Whoever makes war without a juft caufe acquires
no right by fuch violence, over either perfons or goods
taken, which he can ufe with a good confcience, tho'
he may detain them with external impunity, as we
fiiall (hew hereafter,^

2. One who has a juft caufe, yet (hould fet juft
bounds to his demands : nor can he demand any thing
from the conquered except either under the name of
punijh?nenty reparation of daiJiage done, ox precaution
againft future injuriesf.

* See the following ch. ix. 4. f ^ee Book II. xv. ^, S.
On this fubjea of flavery many juft rcafonings are to be

R 3

262 Rights (J/^Masters Book III.

3. None are punifhable but fuch as either by fome
a6lion or omiflion, contrary to their duty, have occa-
fioned and contributed toward thefe injuries done to
us by the war. And 'tis plain, this is feldom ever the
cafe of the far greater part of the aduk fubjeds of a-
ny ftate, who are capable of a fhare in publick affairs;
not to fpeak of women and children, who make three
fourths of every people, and ought to be deemed joint
proprietors with the heads of families in their private
properties. And tho' all heads of families payed tri-
butes toward maintaining the war 5 this can't be
deemed a crime in them, as they were under the im-
mediate diftrefs of their governors, who would other-
ways have levied thefe taxes by force, and punifh-
ed the refradory. Grant they had confented to the
war, following fome fpecious reafons publifhed by
their governors; their ignorance generally was in-
vincible : nor was their confent of fuch importance
as to caufe the war, nor would their diffent have pre-
vented it. Nor can we ever fuppofe that any political
union can transfer the guilt of one perfon upon ano-
ther who did not concur with him.

4. Nay the very foldiers, all fuch at leaft as had
no (bare of or influence in the publick councils, as they
enlifted upon prefumption of being employed only in
juft caufes, or perfuaded by fucH reafons as their go-
vernors publiHi ; they are excufable entirely, both on
account of ignorance and ncceffity. To men once en^-
lifted 'tis a capital crime to difobey orders. It muft
therefor be exceedingly inhuman to infliifl any thing
fevere upon them by way of puniftiment, provided v/e
found in Mr. Locke's 2d. book on government ; and Mr. tlar-
michacPsmtcsonPitfendorf.BooklUQh.U. >

€h. 3' ^«i SERVANTS. 203

can be fecured againft further dangers from theriK and
this we always may be from captives, by keeping them
in our own country, and mixing them with our citi-
zens or our colonies, without depriving them any
way of their liberty. All this not only humanity will
recommend, but a confideration of the uncertam accL
dents of war, and the inconftancy of fortune.

f Under pretence of repairing damages, the con-
queror can demand nothing from the innocentcit.zens,
except upon the fame grounds that one demands it for
damage done by another's Oaves or cattle, to wit this,
«' that, whoever contrives or procures any thing tor
« his own utility, by which others without their fault
<« receive hurt, is bound either to repair the damage,
' « or deliver up the goods, or contrivance whatever it
'' was, to the perfon injured." The conqueror may
therefor juftly demand from the conquered citizens,
that they abandon their unjuft governors the caule*
of the war; or that they oblige thefe governors to re-
pair the damages ; or that they repair them themfelves ;
and thefe three (houldbeleft to their choice. This
holds moft evidently as to thefe firft citizens who at
firft conftituted the government; or thofe who have
great power in the ftate, by whofe council the war was
undertaken ; or who have it in their power to reftraia
their princes in their unjuft defigns. As to others who
are of no weight in publick affairs, their plea agamft
even compenfating of damages is more favourab e.

6 But as foon as the defeated have repaired all da-
mages, or the conqueror has obtained reparation to
himfelf by force and military execution ; and has alio
obtained fecurity againft future injuries, fuch as a wife
arbiter judges fufficient, he has no further demand up-

R 4

^64 Rights ^Masters Booklll.

on the innocent citizens. Now he may obtain all thig
in a much eafier, and more merciful way, without de-
priving the innocent citizens of their liberty. The go-
vernors are in the firft place bound to repair all da-
mages, and the citizens only in the fecond place when
their governors cannot do it, or decline it.

7. The children of (laves of any fort are all born
free^, as we (hewed above.

^ 8. Whoever purchafes a perfon for a (lave, or de-
tains him asfucb,is always boundto (hew that this per-
fon was deprived of his Hberty upon fomejuft ground.
The original proprietor of the matter in queftion is al-
ways at hand : fince nature made every man mafter
of himfelf, or of his own liberty. 'Tis plainly there-
for incumbent upon the violent poiTeffor to prove his
title ;^ and not upon the perfon deforced, and claim-
ing his liberty, to prove a negative, that he did not
lofe, or forfeit his liberty. [Without a previous inqui-
ry of this kind no man can in this cafe be a fair pur-
chafer .3

9. Nor is it juftly pleaded here, that captives would
be put to death if they could not be made flaves and
fold as fuch: and that therefor they owe their lives
and all to the purchafers. But fure no higher fort of
title arifes to the purchafers in this cafe, than to fuch
as have done any other ufeful fervice of equal impor-
tance ; fuch as, refcuing a fellow-citizen from robbers
or murderers, ranfoming them from pyrates, curing
difeafesor wounds which without the aid of art would
have been deadly. All fuch perfons (hould have all ex-
pences refunded to them, and a generous compenfati-
* Book II. xlv. 3. See Mr. Locke on govern. Book 11,
as alfo Hooker's Ecclef, Polity, and Sidney on Government,

Ch. 3- tf»^ Servants. 26s

on for their labours and art. But who ever alleged
that they could claim the perfons they thus ferved as
their ilaves ?

III. As it is the duty of fcrvants who are juftly fub-
jeded to others, to perform their work with diligence
and fidelity ; regarding God the common mafter of ail,
who is ever prefent with us: fo 'tis the duty of ma-
ilers to exadt no more from fervants than what they
have a right to, and to abftain from all cruelty and in-
folence; as it becomes thofe who remember that all
are of one blood, and naturally allied to each other,
and that fortune is inconftant, that the fouls and bo-
dies of fervants are of the fame ftufF with our own , and
of a like conftitution ; and that all of us muft give an:
account of our conduft to God the common Parent
and Lord of all.

^66 'I'he Origin Book Illi

CHAP. IV,
The Original ^Civil Government.

HAVING finiflied the account of domeftick fociety,
we proceed to (hew the origin and rights o£
civil fociety, [in which 'tis nniverfally nnderftood,
there is included a right vefted in fome perfon or coun-
cil to decide all controverfies arifing amongft large nu-
merous bodies, to diredt the aftions of all for the com-
mon intereft, and to compell all by force to obey their
orders.] By the afTociations already explained, if all
men were faithful in difcharging their duties, human
life muft have fufficient affluence and pleafure, Itmuft
therefor have been fome fear of niifchiefs to arife ei-
ther from the weaknefs or vices of men, which has
moved them to fubjed themfclves to civil power. But
we muft not therefor, call civil fociety unnatural or
contrary to nature. For whatever that reafon, nature
has endued us with, (hews to be neceffary or very con-
ducive to obtain thofe advantages we naturally defi re,
or avert the contrary evils, muft plainly be deemed na-
tural to a creature endued naturally with reafon and
forethought. Men therefor are juftly called^ ^creatures
" fitted by nature for civil polity."

Let us fuppofe all men fo juft that none would do
to others any thing he judged injurious, but that they
are pretty liable to miftakes about their own and o-
thers rights, through their ftrong felfifh defires, and the
byafs of impetuous paflions: this would frequently oc-

Ch. 4* </ Civil Government. 267

cafion controverfies among them. Let us further fup*
pofe that many honeft men are yet too fufpicious, fo
that they won't fubmit their difputes to the arbitrati*
on of others, each fearing perhaps the intereft of his
adverfary with the arbiters, or his art in feducingthem:
if there be added to this, too much confidence on both
fides in their own force, and obftinacy in opinion ; their
controverfies in natural liberty can be decided no o*
ther way than by violence and all the mifchiefs of war;

But there's fomething in our nature which more im-
mediately recommends civil power to us. Some of our
fpecies are manifeftly fuperior in wifdom to the vulgar^
as the vulgar are often fenfible. Thefe of fuperior fa*
gacity, as all muft own, are capable of contriving and
inventing many things of confequence to the common
utility of multitudes, and of pointing out more effec-
tual methods for each one to promote his own inte* ^
reft, if their directions are complied with. If to thefe
abilities be added alfo eminent moral virtues, goodnefs,
juftice, fortitude ; the appearance of fuch excellencies
obtains the truft and confidence of all,andkindliss their
zeal to promote fuch perfons to honour and power ;
as they conclude that under their direction all may ob-
tain every fort of profperity. 'Tis highly probable
therefor that not only the dread of injuries, but emi-
nent virtues, and our natural high approbation of thfcttl
have engaged men at firft to form civil focieties.

II. But if we confider how much injuftice, depra-*
vation of manners, avarice, ambition, and luxury pre-
vail among men : it will be manifeft, that without ci-
vil power, men cannot be preferred in fafety, not to
fpeak of any high advantages or pleafures to be enjoy-
ed in fociety : and that it is by civil power alone an ef-'

268 ths Origin Book III

fedual rfemedy, and fuch a one as mufl: flrike the fenfej
of the mod inconfiderate, can be found for the evils tc
be dreaded from thefe vices of men. For tho' all th(
members of a large alTembly were fo unjuft, that upor
a fit opportunity each one for his own intereft woulc
do injuries to others; yet each one would abhor lik(
injuftice done by his fellow, when he had no fhare ir
the gain of it. An adembly therefor of fuch men, o
whom each condemned that injuftice in his neighboui
which he would indulge in himfelf, will never maki
unjuft decrees for their whole body. Each one will b«
afhamcd to own his difhonefty, and will live in dreac
of receiving injuries from others, unlefs they are al
reftrained by equal laws enforced by proper punifh
ments.

Nor is there any other way of preferving fociety ir
fafety. For altho' men were not generally fo depraved
and that even humanity and confcience reftrained th(
generality from injuries, and inclined them to glveaic
to any who happened to be wronged : yet multitude:
would omit this duty through fear and cowardice, i
it expofed themfelves to danger. Nay further; a fuf
ficient number of honeft brave men, if they were no
diredled by fome head, and that united in their efforts
would run into the moft different meafurcs, according
to their different fentiments ; and when thus disjoinec
would become a prey even to a fmaller number of lefs
bravery, who were united in their counfels.

'Tis therefor very probable that fome of the wifei
and more fagacious, obferving thefe inconveniences oi
a itate of anarchy, fell upon this as the only remedy
that a large number of men fhould covenant witli
each other about entering into a firm fociety, to be re-

Ch. 4* r/^ Civil Government. 26^

julated by the counfel of the wifer few, in all matters
dating to the fafety and advantage either of indivi-
luals or the whole body. And difcerning the many
:onveniencies to enfue upon fuch a project, have ex-
)lained it to others, and perfuaded them to put it in
ixecution.

III. They who afcribe the firfl: origin of all civil
jower to the violence of ambitious men, plainly pre-
tippofe that already exiting, whofe original they are
earching for : as no one man could have force enough,
vithout a large number of others already fubjedled to
lis direction and government, to compell a multitude
ufficient to form a (late, to fubmit themfelves to his
)ower. A civil power therefor was conftituted previ-
)ufly to that conqueft they fuppoie to have produced
:he firfl: civil power.

Should one alledge that a potent head of a family,
vith his numerous domefticks, might have conquered
md thus compelled his neighbours around to fpbmit
:o him as their prince. This may have happened no
loubt. But we are not to regard names, but things
ihemfelves. Heads of families no doubt fometimes had
I proper regal power over their domeft:icks. And fur-
her, we are not inquiring into the pofFible injurious
nethods of ufurpation, but into the probable juft cau-
fes of jufl- power,

IV. That it mufl: conduce much to the intereft of
I multitude to be governed by a council of the wife,
ao man can deny. And altho' under fomefoolifii plans
)f government, power may often be intruded to bad
lands, and thence great mifchiefs arife, as thecorrup-
ions of the beft things may be moft pernicious ; yet
his is no dilhonour to civil government, as if it were

17d T/^tf Origin Book III

in general of little ufe or pernicious. For God has gi
ven men fufBcient powers of reafon to choofe fome o
the more prudent convenient forms out of the innu
merable multitudes conceivable.

A ftate or civil fociety is, ^' a fociety of free mei
^* united under one government for their common in
^' tereft." That the common intereft of the whole bo
dy is the end of all civil polity, is owned by all. Thi
all fubjedls infift upon ; and all governors glory in i
as their dignity ; except fome vain monfters, who for
getting their mortal ftate, arrogate to themfelves th
rights of almighty God, or even powers more exten
five. The very notion of civil life, or polity, is oppc
fite to defpotifm, or the power of mafters over flavej
That civil power therefor alone is juft which is natu
rally adapted to this end: other power tho' grante
by the raftideed of an ignorant people, has no foun
dation of right. There was an effential defedt in th
deed granting it, as it was founded in an error aboi
■what is owned by all to be moft eflential in fuch cor
tra(^s.

One can fcarce avoid wondering how fome "^ ing(
nious authors feem to pique themfelves upon aggrav^
ting and exaggerating all the burdens of civil fubje<51:
on, as if they defigned to deter men from entering ir
to it ; but then leaft they fliould do fo, they paint
ftate of liberty and anarchy as the moft frightful mor
fter of all. Whereas *tis plain both ftates have hot
their advantages and difadvantages. There are n

* The author has here in view Hohbes ; and Puffendor
both in his greater and leflcrbook, who has too blindly fa
lowed iiobbcs, nay even tranfcribed his very words.

Ch. 4^ *' ^ Civil Government. ^Tti

doubt many dangers in a flate of liberty, but thefenot
continual : generally they are greater and more fre-
quent than in civil life ; unlefs a people have been ex-
ceedingly incautious in the plan of power they confti-
tuted : as in civil life we have a much furer profpedl
of protedion from injuries by the united force of all.
Nor are there any evils peculiar to a civil life under
regular government ; the like or worfe, men were alfo*
expofed to in liberty : [as it will appear by confider-
ing the feveral parts of civil power in the following
chapter.]

* Thus fubjedls are bound to pay taxes, for the common
intereft, for fortifying or defending the ftatc. But each on©
in liberty mufl on his part be at greater charges, either for
hisownconveniency, for fortifying his houfe and arming his
domefticks, or for hiring affidance. Each fubje£l may be ob-
liged to hazard his life for the ftate. But fb etch one in a-
narchy may more frequently for his own defence. SubjeOs
fubmit to a power of life and death over themfclves in cri-
minal jurifdidions. But fo each one in anarchy is fubjedted
tea worfe power of any inraged perfon who alledges he is
injured by him, and intituled to ufe force for redrefs. If by
a power of life and death one means an arbitrary power ia
a governor, upon any caprice, without a crime alledgcd, to
take mens lives away; no (uch power is in any wife poli-
ty ; nor can any human deed conftitute it.

27^ 77;<? Structure Bo^ IIL

CHAP. V.

The INTERNAL Structure ^p/'States: andths
SEVERAL Parts <7/'Supreme Power.

AS no governors are the natural parents or proge-
nitors of their people, nor if they v/ere, could
they tranfmit to any one heir the parental power over
his adult brethren : as this power is founded folely up-
on the parental afTeaion, and the weaknefs of imma-
ture years : the parental power can never be the foun-
dation of the civil, tho' it be a natural sketch or em-
blem of it. Nor can any perfon have fuch power o-
ver a whole people as mafters have over flaves ; as ap-
pears from what was already faid. Nor has God by a-
ny revelation nominated magiftrates, fhewed the na-
ture or extent of their powers, or given a plan of civil
polity for mankind. Nor laftly can mere force with-
out fome foundation of right conftituteany juft power.
It mufl: therefor remain that fome deed or co?itra6i of
a people muft be the fole natural origin of all juft
power.

In fome extraordinary clrcumflances the cafe may
be otherways. For fince the good of the whole body,
as all allow, is the fole end of all civil power ; if any
perfon of eminent wifdom and great power confults
this end fufficiently, in prefcribing a legal plan, which
all upon trial (hall foon heartily embrace, he may perr
haps without any iniquity impofe this plan upon a rude
and unexperienced people, which upon experience they

Gh. 5» ^S T ATE s» 273

fhall foon approve^ tho' he could not obtain their pre-
vious confent to it. But as no people can be happy
while they live in perpetual doubts and fears, as to the
fecurity of their higheft interefts from the invafions of
men in power ; we may pronounce in general that
there can be no right to power except what is either
founded upon, or fpeedily obtains, the hearty confent
of the body of the people.

IL To conilitute a (late or civil polity in a regular
manner thefe three deeds are necefTary ; firft a ^<?/^-
/r^^ of each one with all, that they fnall unite into
one fociety to be governed by one counfel. And next
a decree or ordinance of the people, concerning the
plan of government, and the nomination of the gover-
nors ; and laftly another covenant or conifa£l between
thefe governors and the people, binding the rulers to
a faithful admlniftration of their truft, and the people
to obedience. 'Tis true that in the firft conftitutions
of power, 'tis fcarce credible that a rude and incauti-
ous multitude, full of admiration of the fiiining virtues
of fome more eminent charaders, took thefe three for-
mal fleps. Hut then in every juft conftitution of power,
* fomething was originally done which plainly includ-
ed the whole force of thefe three tranfadlions ; fince
the end known and profelTed by all fides in this con-
ftitution of power was the common good of the
whole body.

As to the tranfmitting of thefe civil obligations to
poflerity, the following obfervations will explain it.
I. Each citizen in fubjec^ing himfelf to civil power
(lipulated protedlion from the whole body, with all the

* See Mr. CarmichaelPs notes on PulTcndorf^Lib.II. vi.p.
S

2J4 ^^^<? Structure Booklll,

other advantages of a civilized life, not only for him-
felf but for his pofterity : and in this, tho' uncoinmif-
fioned, did them a moft important fervice. They are
bound therefor^* whether they confent or not, to per-
form to the body of the ftate, as far as their power
goes, all that which could reafonably be demanded
from perfons adult for fuch important benefits receiv-
ed. Now 'tis highly reafonable that all fuch fhould on
their parts contribute to the defence and fupport of
that ftate, by which they have been fo long prote^ed
in a civilized life, and not defert it unfeafonably ; but
tranfmit that affociation with its beneficent influence
to pofterity.

2. As it muft be extremely dangerous to any poK-
lical body fettled in any diftrid, that any lands with-
in the fame fhould remain exempt from the civil pow-
er of the united body, to be a receptacle to fugitives
or foreign enemies ; 'tis juftly prefumed that when a-
ny body of men poflefTing fuch a diftria of land con-
ftitute a civil power, each one thus fubjedls his lands
to it, that no perfon can hold the fame without alfo
fubjcding himfelf to it, and uniting with the body po-
litick.

3. And yet, in times of eafe and peace, it would
feem unjuft and difhonourable to any ftate to hinder
its citizens from felling their lands, removing to any
other ftate they pleafe, and freeing themfelves from
their former political relation. For thefeveral fuhjeds
by the taxes or tributes they pay annually, compen-
fate all the ordinary advantages they receive from the
community : and it would be unjuft to hinder them to

* This is an obligation quaftcx contratlu. Sec Book IL xiv. 2 ,

Ch. J. ^States. 275

confult better their own intereft if they can elftwhere.
Nor is there danger that any flate will be deferted by
many of its fnbjeds, unlefs it be either miferably con-
flituted or adminiftred ; and in ftich cafes the citizens
have a better right to quit it, and cannot be compelled
to remain its fubjeds.

III. A ftate conftiuited in this manner becomes as
one perfonm law, holding r/V^/x different from thofe
of the feveral members ; and under obligations^ which
bind no individual; and committing to certain per-
fons or councils the management of its common in-
terefts. Among feveral dates thus conftituted, as they
are all with refped to each other in natural liberty and
independence, the like rights and laws obtain as among
individuals in liberty. States have their perfedl rights,
and obligations to each other, and are bound to offices
of humanity, in a like manner as individuals in natu-
ral liberty : and have like rights of felf-defence. This
isthecafeof allftatcs which are independent, whether
greater or fmaller, whatever names and titles they bear,
more humble or more oftentatious. By an eafy fubfti-
lution therefor of ftates for individuals, the natural
law with refped to individuals in liberty, makes all that
piiblick lanjj of ftates with refpedi: to each other, which
is of neceflary obligation. As to voluntary or pofitive
publick la^y we (hall touch at it hereafter*.

IV. The feveral powers requifite for governing a
people are divided into \}ci^ greater and lejfer. Of thefe
greater powers fome are executed within the bounds
of the ftate, and others refpecfling other ftates are to be
exerted abroad. Of the former clafs, is that oi making

* Ch. ix. and x. of this book,
S 2

276 'The Structure Book III.

lanxis to regulate the behaviour of the fubjedls, and
maintain their rights^ (till regarding the law of na-
ture^

2. Another is, that of exaBing all fuch tributes or
revenues as the adminiftration of the ftate requires :
this fome make a branch of the former. Revenues are
fometiraes raifed from fub]e<5ls> fometimes from con-
quered provinces ;• fome deftined for fupport of the
families of the fupreme governors, and fome for the
publick ufes of the ftate. As to the former, eledive
princes are deemed only as life-renters, and hereditary
princes have a right like that in fiefs, to be tranf-
mitted unburdened to their heirs. As to the other
branch, princes can only be deemed adminiftrators or
truftees for the whole ftate.

3. A third branch of p07/er is the executive, con-
taining all jurifdidion civil and criminal ; and the right
of conftituting magiftrates, and judges to take care of
all publick affairs, and decide controverfies, as alfo of-
ficers to colled the tributes.

The powers to be exerted abroad are firft thofe of
war, in enlifting foldiers, and appointing officers, and
directing all military operations.

2. The power of making treaties , either for fettling
peace, or maintaining commerce, and of conftituting
ambaffadors for this purpofe.

There's befide all thefe a certain extraordiftary right
in the fupreme governors of any people, in great exi-
gencies, to incroach upon thofe rights of the fubjeds
which for ordinary are to be religioufly maintained to
^hem : as when it happens to be abfolutely necefTary,
in feme perilous emergencies, either to compell them
to fome extraordinary dangerous fervices, or to contri-

Ch, J. ^States. 277

butlons of their goods beyond the ordinary proporti-
ons. This right in civil life anfwers to thefe extraor-
dinary rights ofnecefTity, we formerly * mentioned in
natural liberty.

The fmaller rights commonly vefted in thefupreme
governor, are thofe of conferring civil honours, coin-
ing of money, granting to hold fairs or markets, legiti-
mating of children, ereding corporations, admitting
minors as ifthey were of due age, pardoning criminals,
giving protections to debtors, and fuch like ; which we
briefly pafs over as of lefs importance, and not always
neceffary in every ftate.

V. Those perfons or councils have the fupreme
power, who are intruded with the greater branches of
power abovementioned, or the greater part of them,
fo that they can e;^ert them according to their own
judgment, and no other perfon or council canrefcind
their deeds. Many have fupreme power who don't
bold it unlimited, nor even for life : fuch too as can-
not alter the order of fucceffion, or abolifli any of the
fundamental laws of the ftate. He is fupreme to whom
the chief parts of civil power are committed, tho' with-
in certain limits, to be executed by his own order for
the good of the body, fo that he does not ad by new
commands, or commiffionsfrom any other ; and whofe
deeds derive not their force from the confent of any
fuperior.

In every ftate the fame quantity of power is deemed
to be lodged fome where or other; either with a mo-
narch, a fenate, or popular affembly, or at leaft with
the whole body of the people. Kor is it any diminuti-

* Book II. ch. 16. art. 3. near the end.

S3

278 72^ Structure ^States. Book III.

on of the fupremacy or independence of a ftate that it
is bound by its treaties with others, even tho' they be
very inconvenient ones ; provided the ftate can ftill
exercife all the greater parts of civil power, and can
govern itfelf independently of others.

If a number of dates enter into fuch a (Iricl alliance,
as to conftitute fome one perfon or permanent com-
mon council for them all, and commit to this perfon
or council fome parts of ihe fupreme power, to be exe-
cuted for them all; they are called 2ifyftem of Jiates^
or Acha'ian fates ^ from a famous inflance of that kind.
But independent ftates then incorporate entirely into
one, when the very fame perfons or councils have com-
mitted to them all the parts of the fupreme power to
be executed for them all.

279

CHAP. VI.

Qf the VARIOUS Plans ^Government,

THE fimple forms ofgovernment are divided in-
to three clafles, according as the power is com-
mitted to one perfon, or to one council. When it is
committed to one perfon, it is called monarchy ; when
to a council of fome few eminent citizens, it is an ari-
ftocracy ; and when it is committed to a popular aifem-
bly either of all the free citizens, or of fome more re-
putable perfons deputed by them, 'ti£ democracy.

When power is committed to a council, that is
deemed the will of the council which is determined by
the major part ; unlefs by fome fundamental law, a cer-
tain number of members is made necefifary for deter-
mining any matters of publick admin iftration, as a quo-
rum; and what proportion of this number, can make
any alterations. Precaution fhould alfo be taken againft
an inconvenience which may always happen when a
queftion of three or more parts is put to a vote, that
that part to which a great majority may be mod averfe^
may yet have more votes than any one of the other
parts, and thus be enaded. This may always be pre-
vented by reducing a complex queftion into two or
more fimple ones, of two parts each; or by exclud-
ing by previous votes one or two of the parts of the
complex queftion, fo as only two parts (liall remain for
the laft decifive vote. A like method may be taken
where many candidates fet up for the fame office.

S 4

28o T'/c^ Several Forms Book III.

II. Of each of thefe fimple kinds there are many
fpecies. Monarchy is either ^^/?^/^, where the whole
adminiftration is committed to the prudence of the mo-
narch, without any other hmits than thofe which are
always underfiood from the general end of all civil go-
vernment; or it is Ihn'ited in the original conveyance
of the power ; and certain rights referved to the peo-
ple and exempted from it. And then each of thefe
kinds are fubdivided into hereditary and eleCrive : the
eledlive princes again may either be chofen for /^,or
for a certain term.

There are Hkeways feveral kinds oi ariJ}ocracys, ah-
fohite.ox Innited; hereditary ot ele&ive-, perpetual or
temporary. * In this laft fort the fenators hold their
fears for a certain *erm; upon the expiration of which,
others are fiMituted in their places. If fuch new fe-
nators are elec1:ed by the people, and any free citizen
mny {land candidate, the council is rather democratic
cal: but if the places are filled by the votes of the re-
maining members of the council ; or only feme emi-
nent families can be candidates, it is ariftocratical.
When the feat in the fenate depends upon a certain
quantity of wealth; or is held in virtue of certain
lands juilly pofTefTed ; 'tis called properly ^%^r^^/V^/.
When thefe alone can be eleded who have difcharged
certain great offices with approbation, this is deemed
ariftocracy in the propereft fenfe, and the plan of it

* The charaaers of ariftocracy, are cooptationhy the fenate,
to a perpetual feat, and a limitation to certain eminent fa-
milies, diitinguifhed by fortune, or bearing greatoffices. The
charaaers of democracy zrc popular elefiions, temporary feats,
and accefs to all citizens to Hand candidates. There^sin many
conaitutions a mixture of thefe different charadcrs.

C\u 6> ^^Z' Government. 281

mod commended by fome great authors of anti-
quity.

There are alfo different kinds o^ democracies^ as the
popular afTembly is differently conflituted. We have
examples of two ways in the co7niUa curiata^ and cen-
turiata of the Romans. In the former all citizens vo*
ted equally: In the later according to their fortunes.
In fome dates the lot determined the members of the
affembly: in others the people being divided into a
number of tribes, counties, or diftridts, and thefe again
fubdivided ; each divifion fends fo many delegates or
deputies, chofen by themfelves, to be members of the
popular affembly.

The complex forms are innumerable, according as
any of the different forts of fenates jointly fhare the fu-
preme power, with any of the foits of monarchy; and

againas any ofthofecomplex kinds are again conjoined
with one orother of the popular affemblies : and then
as fuch or fuch parts of ilie fupreme power are vefted
in one or other of thefe councils, or in the monarch •
or in all three jointly.

III. That we may difcern which of thefe forms
is preferable, the followitig obfervations feem proper.

1 . In condituting of a date thefe four points are to be
aimed nt; that fird, there be fufficient ^ifdom in the
government to fee what is bed for the date ; and then
fidelity to choofe what is bed; and next that concord
be maintained ; and ladly 2ifecret and fpeedy executi*
on. If in any plan fufficient precaution is taken for all
thefe, a people cannot dcfire more from its civil po-
lity. ^

2. Where the parts of the fupreme power are placed
in different fubjedsor bodies ; there mud be fome fuch

282 77;(? Several Forms BookllL

political bonds between them, as fliall prevent their
adting in oppofition to each other ; that the prince, for
inftance, may do nothing of high importance without
confent of the fenate or popular affembly ; nor thefe
bodiesdo any thingwithout confent of the prince; nor
pne of thefe bodies without the concurrence of the o-
ther. If any fufficient precautions of this kind be ta-
ken, the civil power is better lodged by parts indiffe-
rent bodies, than all committed to either a monarch,
or to any one council.

3. The power wherefoever lodged will never re-
main (table unlefs it has large property for its founda-
tion; without this itmuflbe fluduating, andexpofed
to frequent feditions. Wealthcarriesforceak ng with
it, which will overturn rights not fupported by wealth;
or be wrefted from the owners by the civil power. An
hereditary monarchy needs for its (lability large crown-
lands, or hereditary provinces, belonging to the mo-
narch's family. A fenate will not remain ftable unlefs
a large (hare of the lands are the property of the fena-
tors : and lands muft be difperfed among great multi-
tudes, and preferved thus difperfed by agrarian laws,
to make a ftable democracy ; or fome other caufes muft
keep property much difFufed. And altho' the diligent
and adive ftiould not, without weighty caufes, be any
way reftrained in their juft acquifitions : (and indeed
the beft forts of democracy may allow them to acquire
as much as can be rcquifite for any elegance or plea:
fure of life that a wife man could defire :) yet we are
never to put in the ballance with the liberty or fafety
of a people, the gratifying the vain ambition, luxury,
or avarice of a few. It may therefor often be jufl to pre-
vent by agrarian laws fuch vaft wealth coming into a fe\«

Ch. 6. ^Government. 283

hands, that a cabal of them might endanger the ftate.
4. No fuch infolent or oppre/Tive privileges fiiould
be grantc d to anyone order in the ftate, as would ex-
clude all others from publick offices of dignity or pro-
fit. For they will become occafions of perpetual fedi-
tions*.

5 As it would be of little confequence what were
the form of polity, were it provided that none but
good and wife men got into power ; (which perhaps
no precaution can enfure) the main drift of good po-
licy is, to provide that ev^n tho'bad men come into
power, they fhall either have fmali temptations to a-
bufe it, or at leaft no hopes of gain and impunity in
doing fo.

6. As to the fitteft number for making an happy
ftate, nothing can be precifely determined. If the num-
ber is fmall, there won*t be ftrength enough againft
bands of the avowedly unjuft, who may attack it by
furprize ; nor will there be fufficient wealth to execute
any wife defigns for the improvement of life. On the
other hand when the numbers and theextent of a coun-
try is very large, no governors can take fufficient care
ofalltheirintere[ts,andpreventfrauds, extortions and
oppreffions, even by the avarice of the deputy ma-
giftrates, as accefs to complain muft be more difficult.
And befides, far fewer men can be employed in the
greater and more important ftate-affairs, and thus im-
prove in that mod important part of wifdom, than if
out of the fame numbers and the fame trad of ground,
feverai diftindt independent focieties had been framed.
Indeed this is feldom matter of choice, what numbers

* Of this we have a cleatinftance in the Roman ftate. till
the plebeians got accefs even to the confulatft.

284 7/5^ Several Forms Book III.

(hould unite. For if once vafl empires are formed, it
becomes nccefTary to any little ftates around them to
incorporate together, as many of them as may be, for
their defence againft a potent neighbour. But as agra-
rian laws are often juftifiable in a ftate, to prevent the
immoderate increafe of wealth in the hands of a few;
'tisequallyjuft,for the famereafons, that fmallcr neigh-
bouring ftates (hould take timely precautions, and that
by violence too, if gentler methods are not like to
fucceed, that no neighbour-date fhould acquire fuch
force as may enflave all around ; efpecially if they fee
a prevalent difpofition in all the inftitutions and man-
ners of any neighbour-ftate toward military affairs and
conqueft.

IV. Monarchy has thefe peculiar advantages,
that it is adapted to preferve concord, and make a fe-
cret and fpeedy execution of any defign. But then in
hereditary monarchies there's fmall fecurity for either
the wifdom or fidelity of the monarch. In eledive
monarchies there's greater probability for wifdom ;
but rather lefs for fidelity : and upon the death of each
monarch there's an open gate to civil wars. Under an
abfolute hereditary monarchy nothing is fecure. Un-
der the limited hereditary, no better precaution is ta-
ken for wifdom, but there is better precaution as to a
faithful adminiftration : fince if the monarch violates
the fundamental laws, or breaks over the bounds fel
by them to his power, he plainly declares himfelf a ty-
rant, and forfeits his right; which all the fubjeds mud
plainly fee : and hence will more readily agree in de-
throning him to fet up another, or to conftitute fom(
better plan. But then in the limited monarchies then

Ch. 6. (^Z' Government^ 28j

generally prevail faaions, which fometimes turn into
civil wars.

In the fimpler hereditary ariftocracies fcarce fufEci-
ent precaution is taken for wifdom, and fcarce any for
fidelity, concord, or fecrct and fpeedy execution. In
the eleaive are better precautions for wifdom and fi- •
delity, but no better for concord or execution.

In democracies we are always fecured as to fidelity ;
and may have a tolerable profpedl as to wifdom too'
when mens votes are according to their fortunes ; or
when the affcmbly is made up of deputies eledcd by
the people : but there's no fecurity of concord, or of
fpeedy and fecret execution in any pure democracy.

The mod: convenient way of voting in all large
councils or afTemblies is by the ballot: as by this
means, men need not dread the refentments of men
in power ; and 'tis lefs eafy to ufe any indiredl influ-
ence. And altho' in the ballot there's no reftraint of
fhame, but a door opened for private favour, hatred,
and envy ; yet it feldom happens that thefe paffions
work in the majority of a people without fome juft or
probable caufe. But if fomething of the lot be alfo in-
termixed,* it may often quite defeat great cabals, and
their arts of corruption, and flop the power of malice
and envy. But the lot alone muft be quite unfit to de-
termine any point of confequence, or to advance any
perfons to offices ; for tho' no man is affronted by a
difappointment this way, nor is there any room for
partial favour ; yet it is plainly void of all prudence
or wifdom.

V. We have faid enough to fhev/ that none of the

* All thcfe points arc fully explained by Harrhigion.

286 7X(f Several Forms Book III.

fimple forms of government are well adapted to pre-
ferve any ftate happy. Mor is it of any avail to plead
antiquity here. If all the mod antient ways were beft,
we (hould return to caves and beafl-skins for our fhel-
ter and drefs. What flatterers of princes often tell us,
that monarchy was the earlicft form, is rather difho*
nourable to it ; importing indeed that it at firll pleafed
a rude and unexperienced populace, but could not con-
tinue to pleafe upon experience and the increafe of
wifdom. And indeed in nothing could one lefs expedl
that the firft eflays would be perfed:, than in the con-
ftitution of civil polity ; a work requiring the greateft
knowledge and prudence, to be acquired only by much
thought and experience of human life. The feveral
great inconveniences attending each of the fimplcforms
fhew the neceffity of having recourfe to the mixt and
complex ; and the feveral great advantages peculiar to
each of the fimple, (hew that thofe mixed forms are
beft where all the three kinds are artfully compounded :
and this was the opinion of the wifeft men of anti-
quity.*

As a council of delegates or deputies duly elefled
by a general popular intereft can never want fidelity or
good intention, and feldom can be deficient in wifdom,
it may feem advifeable that a large fhare of the civil
power fhould be lodged in fuch a body ; fuch as that
of enadting laws and even determining definitively the
moft weighty affairs in deliberation. And this part of
a conftitution fliould be fecured by agrarian laws : not
fo ftrait however as to difcourage induftry, or exclude
any innocent elegance or ornament of life.

♦ Plato, Jrijiotk, ZenOt Cicero,

Ch. 6. (^/'Government. ^Sj

If there be alfo a/e/2afe of a few who have approv-
ed their abilities and fidelity in difcharging the great
offices of the common-wealth ; it may fafely be intrud-
ed with thefole right of deliberating, debating, and
propofing bufinefs to the popular afTcmbly. In both

councils it may be proper to con trive a rotation, by new
members gradually fucceeding to the old, fo that nei-
ther council may have above one third of unexperien-
ced new men, nor yet any one man continue a mem-
ber perpetually. Laws limiting the times that any ge-
neral, minifter of Hate, or magiftrate can continue in
office have alfo great advantages, to prevent any per-
fon's fo rooting himfelf in power or popularity, as to
be dangerous to the conftitution ; and to train up
greater numbers in political wifdom,by experience in
all the important offices; fo that the ftate may never
be obliged to have all its hopes depending upon one
mortal life. Where fuch laws are facredly eftabliffied
the ftate will never want the benefit of the wifdom or
experience of fuch as have ferved out their legal time
For it will be no matter of offence that at the expira^
tion of it they miift lay down their offices accordini?
to law. ^

And laQly, for fudden unexpe^ed exigences or dan-
gers, and for the fecret and fpeedy execution of what
the pubhck intereft may require, fome fort of reeal
or diaatorial power is requiflte ; but fuch an one as
has no other foundation of its force but the laws
themfelves. And to this power may be committed
the command in war, and the execution of the laws
This third branch may be as an arbitrator, holding
the ballance between the two other parts of the con

288 Forms ^/Civil Polity. BookllL

ftitution, if there {hould arife any high contention be-
tween the fenatorial order and the plebeian.

The power of promoting to all forts of offices may
be fome way vefted in thefe three jointly, or divided
among them ; fo that offices requiring great abilities
and wifdom ffiould be filled by the nomination of the
fenate; fuch officers as are to be employed in fpeedy
execution, to be nominated by the prince : and fuch
as are to protea the rights of the people, and ad-
minifter juftice among them, to be elected by the

people.

A cenforial power too would be of the higheit ufe,
to reform, or prevent the corruption of manners ; by
degrading perfons of any dignity whatfoever, as foon
as they run into a diffblutc courfe of debauchery.

289

CHAP. VIL

The Rights of the Supreme Power: and the
Methods ^Z' acquiring it*

^T^HE perfons vefted with the fupreme power, have
-i. it with that extent which the conftitutlon or
fundamental laws have given them. The fum of civil
powr in all dates is the fame; the fame quantity of
it in every flate refides fome-where or other, at lead
with the body of the people. But the powers vefted
in the king, or in any councils, in one ftate, may be
very different from what is vefted in like perfons or
councils in others. For in fome, certain rights of the
people are exprefly exempted from the power of any
prince or political council; but in others, there's no
fuch exemptions. But as the end of all civil power is
acknowledged by all to be the fafety and happinefs of
the whole body ; any power not naturally conducive
to this end is unjuib, which the people, who rafhly
granted it under an error, may juftly abolifli again,
when they find it necelFary to their fafety to do fo. Nor
can any^ thing be conceived more infolent or perfi-
dious, than that perfons intrufted with power folely
for the good of a people, ftiould ftrive to retain it by
force, for their own grandeur, when it is found de-
itrudive to the people.

It were to be wifhed that in thefe cafes, fuch pow-
ers fliould beabolilhed in a peaceable manner, by mu-

T

290 Rights ofSupre?ne Poiver, Book III.

tual confent, rather than by force. Nor is it juftlfiable
in a people to have recourfe for any lighter caufes to
violence and civil wars againfl: their rulers, while the
publick interefts are tolerably fecurcd and confulted.
But when it is evident, that the publick liberty and
fafety is not tolerably fecured, and that more mifchiefs,
and thefe of a more lafting kind, are like to arife from
the continuance of any plan of civil power than are to
be feared from the violent efforts for an alteration of
it, then it becomes lawful, nay honourable, to make
fuch efforts, and change the plan of government.

What is alleged about fome peculiarly divine right,
and inviolable fandity of governors, efpecially mo^
narchs, is a mere dream of court-flatterers. In one
fenfe every right is divine which is conftituted by the
law of God and nature. The rights of the people are
thus divine, as well as thofe of princes : nay fmce the
later were conftituted for the defence and proteftion
of the former ; the former fhould be deemed the more
divine and facred. The rights of the governor, as they
are more important than thofe of any one private man,
may be deemed more facred than his private rights ;
but can never be deemed more facred than the rights
of the whole body. A good fubjeft ought to bear pa-
tiently many injuries done only to himfelf, rather thaa
take arms againft a prince in the main good and ufe-
ful to the ftate ; provided the danger only extends to
himfelf. But when the common rights of the commu-
nity are trampled upon; and what at firft is attemp-
ted againft one, is to be made a precedent againft all
the reft, then as the governor is plainly perfidious to his
truft, he has forfeited all the power committed to
him*

Ch, y • d^d Ways of acquitting tt. 2 d i

^ IL In every fort of government the people has this
fight of defending themfelves againfl the abufe of pow-
er. If the prince's power be limited, and yet he breaks
over its bounds, invading fuch rights as the peoplehad
feferved in the very conftitution of the power ; the peo-
ple's right of refiftance is nnqueftionable. But even
in abfolute governments they have the fame right ; if
flieir governor, ceafing to ufe his power, as if he own-
ed it deftined for the good of the body, fliould go-
ycrn the whole (late as his own property"; and negled-
ing the common fafety of all, turn every thing to the
gratification of his own luft or avarice; orif he plain-
ly declares a hatred of his people ; or condu^s all af-
fairs in fuch a wretched manner, that not even the
moftfacred rights of the people, fuch as are neceffary
to any tolerable life, remain fecure to them. Nor
does this dodrine of refidance give to the people a ci-
vil fuperiority over their governors : for even flaves
adjudged to the moft miferable fubje^ion for their
crimes, may have aright to defend themfelves againft
certain injuries their mafters may attempt againft
them. ^ ^

As to that queftion, who fltall be judge in this difpu-
ted point, whether the governors by their perfidy and
mal-adm/iniftration have forfeited their right.? If 'tis
alleged, the people cannot judge as they are parties :
for the fame reafon the governors cannot judge. The
only recourfe then fliould be to impartial arbiters,
either within the fl:ate, or in fome other nation, if
this could be fafe: but if not; furcly the people have
a better claim to judge in this point; fince they at
firft entrufted their governors with fuch powers, and
the powers were defigned for the management of the

T 2

292 Rights of Supreme Power, Book IIL

people's interefts, and were conftituted for their be-
hoof. 'Tis true there are great dangers of miftakes
on this head : but the governors are not exempted
from errors more than the people. Men have often
erred both about publick rights, and the private ones
too of felf-defence: but we muft not for that reafon
deny that they have fuch rights.

In this mod important matter, no doubt, perfons
concerned are bound to ufe the utmoft caution, and
weigh all things on both fides. Nor ought we to involve
our fellow-citizens in civil-wars, themoftmiferableof
all wars, for any fuch lighter injuries, or v^rong con-
dua of our governors, as may be incident fometimes
to perfons in the main good and of upright intentions.
But when there's no other way of preferving a people r
and when their governors by their perfidious frauds
have plainly forfeited their right; they may juftly be
diverted of their power, and others put into their pla-
ces, or a new plan of power eftablifhed.

Kor does this dodrine of the right of refiftance in
defence of the rights of a people, naturally tend to ex-
cite feditions and civil wars. Kay they have been more
frequently occafioned by the contrary tenets. In all
aaes there has been too much patience in the body
of the people, and too ftupid a veneration for their
princes or rulers ; which for each one free kingdom
or ftate has produced many monftrous herds of mife-
rable abjed flaves or hearts of burden, rather than ci-
vil polities of rational creatures, under the moft inhu-
man and worthlefs mafters, trampling upon all things
human and divine with theutmort effrontery.

III. Upon dethroning a tyrant, or upon the natu-
ral extinaion of a royal fmilly, or the death of an elcc-

Ch. 7« and Ways of acquiring it. 293

tlve prince, there arlfes an Interregmun. In which
cafe, even altho' there be nothing exprefly provided in
the conftitution, yet the political union of the people
is not quite diffolved. They all continue bound by that
firft covenant we mentioned, to confult their common
intereft by joint counfels. They feem to be in a fort
of fimple democracy for fome time; in which it fhould
be determined by plurality of votes of the whole, or of
thofeat leaft who ufed to be concerned in the publick
affairs, what (hall be their future form of polity and
who are to be promoted to the government. Nor is
it juft that any fmaller part, without confent of the reft,
fhould break off from the political union; unlefs the
majority are fetting up fome unjuft or deftruaive plan
of polity.

^ IV. To princes, or rulers of any kind, who have e-
videnced integrity and fidelity in their truft, the high-
efl deference and honour is due from their fubjeds;
they fliould be fupported and defended with the lives
and fortunes of all, whether againfl rebels or foreign
enemies. Nor are fubjeds freed from this obligation,
by any fuch lighter faults or miftakes of their gover-
nors, as may be incident to men in the main upright
and faithful to their truft. But if after all the efforts
of their fubjedls, fuch princes are conquered and de-
throned, either by fome competitor or fome foreign
power, fo that there remain no probable hopes of their
recovering their juft rights ; 'tis their duty in fuch cafes
to quit their claim: nay 'tis juftly deemed extind :
fince all obligations between governors and fubje<fls
are mutual, depending upon mutual offices. And when
it becomes impoffible for one fide to perform his part,
the other is freed from his obligation. The peopk

T 3

294 Rights of Supreme Po^wer^ Book III,

therefor; after their utmoft efforts for their old rulers
have proved unfuccefsful, may juftly fubmit to the
conqueror, when they cannot otherways confult their
0wn lafety. It would indeed be ftrange arrogance in
any prince to expe6t that a whole people fliould be
bound, by a vain zeal for his dignity and intereft, to
expofe themfelves to all the rage and fury of a conquer
ror, to no valuable purpofe.

V. As natural liberty is ^^ the right of adling as
*' one inclines within the bounds of the law of na-
^' ture; " (nor could we hold any fuch liberty, were
there no laws to defend it from the force of the ftrong-
er :) fo we fay a people enjoys liberty when '' each
^^ one is allowed to act as he inclines, within the
^^ bounds of civil law, and not fubjected to the ca-
^^ price of any other." We (hould never look upoa
laws as everfive of liberty ; but that its fole enemy is
the capricious humourous will or command of men in
power. The Romans indeed in fpeaking of a free
peopUy generally meant a democratical (late ; where
men had their turns of commanding, as well as of
obeying.

VI. It was already fhewn that civil power cari
fcarce be conftitutedjuftly any other way than by the
confent of the people : and that rulers have no other
facred rights or majefty, than what may arife from
this : that of a large multitude of men, each one for
bimfelf fubjeded part of his rights to the adminiftra-
tion of a certain perfon or council. And thus from a
part of our natural liberty transferred to the ruler, and
pur property in a certain degree fubjedled to his difpo-
fnl, arifes the legiflative power. In natural liberty alfo
jgach one had a right to expofe his life to the greateft

Ch . 7 • ^^^ ^^'-^ of acquiring it. 295

dangers, in any honourable fervices in defence of his
family or his neighbours, and when the common in-
tereft required it, he could commit himfelf to the di-
redlion of others in fuch fervices ; and hence the
right of miHtary command. Men had alfo this right of
repelling injuries, and punifhing by violence any one
who attempted or executed any injury, and even of
putting him to death if this was neceffary for the com-
mon fafety : and hence arifes all criumial jurifdidiony
even to the infli(5ling of capital punidiments. Nor
need we have recourfe to any extraordinary grants or
commifFions from God to explain any of thefe rights
of civil fovereigns.

VIL Nor can any one form of government be e-
deemed more divine than others, on any other account
than that it is better adapted to promote the prof-
perity of the community ; which can lead of all be
alleged of abfolute hereditary monarchies. Need we
fugged here that no divine law natural or pofitive de-
termines the order of fucceflion to monarchies, whe-
ther the general hereditary j and that either by males
only, or alfo by females ; or the lineal hereditary. In
the fuccefnon to private fortunes, tho' this be manifeft
in general, that the goods plainly acquired for the be^
hoof of a man's family and kinfmen, fhould defcend
to his family or kinfmen upon his deceafe ; yet there
are not a few difficulties in determining the propor-
tions. But as to civil governments, which, 'tis obvious,
were never conftituted for the behoof of a family, but
for the intereft of a whole nation ; there feems no
natural reafons that the fucceffion to them fhould de-
pend upon the proximity of blood to the former pof-^
felTor • and much lefs that the lineal fucceffion fhould be

T 4

2^6 Rights of Supreme Ponver^ Book III.

regarded. * All fuch right of fucceffion muft arife from
human laws, or decrees of a people, and thefe fome-
times very incautious and imprudent.

VIII. As to that much celebrated right ofconquejly
by which the conqueror claims the civil power to him-
fclfand his heirs over the conquered people; it has
little better foundation generally than the claim of rob-
bers and pirates upon perfons and their goods which
have fallen into their hands, f For firft, unlefs the
conqueror had a juft caufe, he acquires no right. And
then tho' his caufe was juft, yet, as we faid above, \
his claim has certain bounds ; nor has he a right to ex-
ad more from the vanquifhed than what is requifite to
repell the injury attempted, to repair all damages done,
or to obtain fufficient fecurity againft injuries for the

* See Book II. Gh. vlii 4. The (Jecifions of fome quefli-
ons about the fucceffion in hereditary lineal kingdoms, turn
upon very fantaftick reafons. Some ^ilege proximity as
a natural rcafon; and yet an elder coufm-germain's grand-
child, (hall often be preferred to a younger coufm-germain.
They fay too that Teniority is a natural rea(bn of prefe-
rence; and yet the infant-grandchild of a deceafed elder-
brother takes before a fecond-brother of mature years. The
preeminence of /ex too is made a great matter ; and yet the
infant-grand-daughter by an elder-uncle deceafed, (liall take
before a younger-uncle. In general, thefe potent caufes of
preference, proximity, feniority, and the fex, are not regard-
ed as they are found in the competitors themfelves; but as
they were perhaps in their great-grandfathers or great grand-
mothers, deceafed an age or two before.

'\ Upon this fubjciH: fee Locke on Govcrnwent ; whole rea-
fonings are well abridged in Mr. Car7nichaelPs notes on Puf-
fcndorf 's fmaller book. Book II. ch. x.

\ Book JI. ch. XV. $. 8. and Book III. ch.iii. 2,

Ch . 7 * and Ways of acquiring it. 2 o y

future. Ifheinfiftsonmore, he has no juftlce on his
fide in fuch demands. Now it is never necelTary, ei-
ther for averting of injuries, or repairing of damages,
that the conquered fliouid be deprived of their liberty,'
or independency, and be reduced into the form of a
province to the conqueror. Nay 'tis generally very
pernicious to the common interefts of mankind, that
ftates fhould thus enlarge their powec, and make it
formidable to all around them. All prefent danger to
the vidlorious is averted, and full reparation of dama-
ges generally obtained, long before their enemies are
entirely fubdued and over-run by their arms. Thecon-
querors generally foon take to themfelves abundant
compenfation out of the moveable goods of the con-
quered : and every ftate when thoroughly defeated,
would always confent to make compenfation this way,
nay would pay an annual contribution for a certain
term, to make up what was awanting; rather than
lofe their liberty and fovereignty, and be fubjeded to
foreigners. And furely by thefe ways all damages
could be abundantly repaired. =*

As to fecurities againft future injuries : furely fuch
fecurities as are univerfally allowed to be fufficient a-
gainft a ftate yet retaining much of its ftrength, fhall
be more than fufficient againft one wholly exhaufted
and almoft ruined by war: now in all treaties, thefe
are deemed fufficient fecurities againft ftates yet retain-
ing much of their force, if they deliver hoftages, give
wp their fleets, or a great part of them, furrender fron-

* The reafonings in this and the following articles are dc-
figned againft the pleas of Gro/m and Pufendorf{ov the rights
of conquell, and patrimonial kingdoms, qx Principalities, found-
ed on it.

SoS Ho^ Civil Power Book III.

tier towns with their fortificationsjorrecelvegarrifons
of their neighbours into them, or even if they difmantle
them, or demolifti all the fortifications, h^or is there
any ftate that would not rather confent to all thefe,
rather than become a province fubjeded to another.

IX. If it be alleged that punifhments (hould alfo
be inflided as a further fecurity by deterring others:
yet furely none ftiould be puni(hed but the guilty.
Now the far greater part of any conquered people
were involved in no guilt by their governors having
entered into even the moft unjuft wars. * The conque-
ror therefor can demand no more of the body of a peo-
ple than that they either give up their injurious gover-
nors, or defift to defend them any further, that the vidtor
may punifli them as they deferve. But as to any thing
done unjuftly or inhumanly in publick wars, the com-
mon intereft of mankind would difluade from making
it matter of proper puniftiment. Within the bounds of
any regular polity, ^tis generally highly probable or
certain that the power of the laws and magiftrates will
be fuperiour to that of any criminal citizens ; and that
therefor they may be brought to juftice. But in pu-
blick wars, the forces of the parties by their confede-
rates and allies are fo generally brought to a parity,
that the event is very uncertain : and the juft caufe is
often unfuccefsful. This (hould reftrain conquerors
even in the jufteft caufes from any feverities, under the
notion of punifhment; as they will become prece-
dents to others in very bad caufes, which yet they
may judge to be juft. The viaorious therefor fliould
beware of eftablifhing a precedent, which may be

* See Book III. ch.Ui. 2.

^'^•7* /V ACQ_UIRED, 200

followed thereafter agaiurt tbemfelves or their friends
'Tis vain to allege any tacit convention between
the parties in war, that that fide fliall have the civil
power over both which happens to be viaorious. Tak-
ing arms is rather an open declaration of the contrary
that neither fide intends to fubmit its rights of any
fort to the other; unJefs in thofe cafes where there
has been fuch covenants exprefly made; nor was ite-
yer, in any other cafe, deemed perfidious, that the par-
ty defeated rallys its forces, makes new levies, or Uts
new allies to continue the war. Can any one oretend
that that fide which has a juft caufe, defending or pro'
iecuting Its own rights, makes any fuch convention >
and if one fide is known not to do it, we can never
prefume it on the other fide. The patrons of this right
flf conqueft too, can allege only that the fupreme go-
vernors confented, and not the body of the people •

butwithwhatfhadowofrightcan any governors, whofe
power was granted to them only in truftforproteaion
of the people, pretend to alienate or transfer the whole
people with all their rights to another, either abfolute-
ly or upon any contingency ? fuppofe the governors
made fuch an exprefs convention : by this audacious
perfidy they plainly forfeittheirpower ; nor is the ftate
bound by fuch a deed.

X. Since therefor all the authors who plead that
certain civil fovereignties axt fatrimanial, fo that they
may be fold, divided, or any way transferred at the
pleafure of the fovereign, fuppofe alfo that they are
generally founded in conquefl; what is faid above
ftiews that fuch power has no juft foundation. Nay if
It (hould happen that a ftate in the greateft confterna-
tion, upon an invafion from barbarians,fhould by their

5od i/iw Civil Power Book III.

own deed fubmit themfelves and all their rights to fome
potent neighbour, demanding nothing from them but
protedion ; yet even fuch a deed cannot conftitute a
patrimonial power. * For not to mention the excep-
tion of unjiift force and terror ; or that this covenant
being plainly of the onerous kind, yet does not main-
tain the effential equality : the very nature of the co-
venant, and the matter of it, fliews that no patrimo-
nial power could be intended in it. A ftate by fubmit-
ting itfelf to a humane, civilized neighbour which ex-
ercifed a gentle rule over its fubjeds, cannot be deemed
to have confented alfo to any manner of opprelTion or
vexations that thereafter this neighbour may inflid on
them ; nor that they fhould be made over to any bar-
barous prince or people at the pleafure of thofe they
entrulkd themfelves to. Nay ifthisfuperior ftate fhould
attempt any thing very oppredive of this nature, the
fubjeft-people may juftly fhake off the yoke: fince it
was plainly upon other terms that they fubje6ted them^
felves. They have a right to demand arbitration, as
to the equity of any thing impofed beyond what (hould
be deemed a juft compenfation for the proteftion re-
ceived.

Nor can any right of fovereignty arife from any
feeming confent of the conquered, which was only ex-
torted by prefent force. For we fhewed -j- above that
fuch force is plainly un juft. But if the vidor eftablifhes
among the vanquifhed fuch an equitable plan of civil
power, as fufficiently confults their future fafety and
profperity, fo that upon experience of it they are tru-
ly fatisfied to fubmit to it; this fubfequent confent

* The reafons here confuted are fgund in Grotius, L. 1. iv.
f § 8th of this chap.

^h- 7* is ACQXJlKED. 301

becomes a juft foundation of his power, and is a
fort of civil expiation of the injury done in the con-
queft.

XI. But further, as the right of any perfon of the
royal-blood to fucceed upon the demife of his prede-
ceffor, is not founded on any natural caufes, but foleJy
upon fome old Jaw or decree of the ftate : the words
of fuch laws or deeds are to be underftood in the fame
way as like words about other matters deemed here-
ditary; and thus we are to collet from them what
was the intention of the people in fuch deeds. When
therefor this univerfally obtained in any country, that
when the prefent pofTeiTor of any thing hereditary for-
feits it, he forfeits not only for himfelf butall his kin-
dred; we juttly conclude that the peoples intention
was that the forfeitures of the hereditary fovereignty
ihould be in the fame manner. The plea againfl ex-
tending forfeitures to the whole kindred of the per-
fon forfeiting, is very ftrong and plaufible as to private
fortunes, which all know were acquired chiefly for the
behoof of the proprietor and his family; and this ac-
cording to a natural obligation : fo that children and
kinfmen too have a natural claim to be fupported and
have their condition advanced out of fuch fortunes:
and 'tis unjuft that the fault of one of the joint pro-
prietors fhould prejudice the reft, and prevent their
obtaining what they are naturally entitled to. But as
to hereditary fovereignties the cafe is quite different.
They were not conftituted for the behoof of the royal
family, nor founded in confequence of any juft claim
they had for their own behoof; but for the intereft
of the whole nation, and chiefly to prevent the mif-
chiefs to be apprehended in new eledions of fove-

joa How Civil Power Book III,

reigns: and therefor they are much more juffly made
liable to entire forfeitures from the whole family, than
any private fortunes.

As therefor a people may juftly dethrone a perfidi-
ous prince; they have a better right to exclude from
the fuccefTion any one who fhews himfelf plainly unfit
for the trud : and fuch are thofe who hold tenets about
divine rights which muft excite them to trample upon
the moft facred rights of the people, as foon as they get
into power ; or thofe who pofTelfed with fome furious
fuperftition will fubjed their crown, or alienate no
fmall parts of the fupreme power, to fome foreign
prince, under the ftiew of a religious charadler ; and at
the fame time think themfelves commifTioned by God to
break through in the moft audacious manner the fun-
damental laws or conftltution, and all limits fet by it
to their power ; and to force the fcbjeds by the feve-
reft tortures either to believe, or falfely profefs to be-
lieve, the moft monftrous abfurditiesin religion, and
to worfliip God in a way they judge impious. Any
heir apparent who profefles fuch tenets, or refufes up-
on a juft demand to renounce and abjure them in the
moft folemn manner, may be excluded from fuccelTi-
on with much better ground than if he were an ideot
or a madman; as the holding of fuch tenets muft
make him more dangerous to a free people than any
folly or madnefs.

What we have faid relates not only to monarchs
but all forts of governours, and to the power of a ftate
itfelf over its colonies, or provinces. If any citizens,
with permiffion of the government, leave their coun-*
try, and at their own expence find new habitations;
they may juftly conftitute themfelves into an indepen-

Gh. 7. // ACQUIRED. ^6J

dent ftate, in amity with their mother-country. If any
are fent off at the publick charge as a colony, to make
fettlements fubje(51: to the ftate, for augmenting its com-
merce and power; fuch perfons fhould hold all the
rights of the other fubjefts, and whatever grants are
made to them are to be faithfully obferved. If the
mother-country attempts anything oppreflive toward
a colony, and the colony be able to fubfift as a fove-
reign ftate by itfelf; or if the mother-country lofe its
liberty, or have its plan of polity miferably changed to
the worfe: the colony is not bound to remain fubjeift
any longer: 'tis enough that it remain a friendly
ftate. Nor are we to imagine that any early covenants
founded upon errors about the moft efTential points
in view, can ft ill bind large focieties of men fit to fub-
fift as happy independent ftates, to continue in a fub-
miflion everfive of all profperity and fafety. Nor has
any thing occafioned more mifery in human life than
a vain andinfolent ambition, both in princes and po-
pular ftates of extending their empires, and bringing
every neighbouring ftate under fubjedlion to them;
Without confulting the real felicity either of their own
people or of their new acquifitions. And hence have
arofe thefe vaft unwieldy empires; the plagues of all
around them; which after fome time are ruined by
their own bulk, with vaft deftrudion of mankind.

504

CHAP. VIII.
Of Civil Laws and their Exzcvt 10^,

THE power of making and executing laws is the
moft important internal power. Every law
fliould be intended for fome real utility to the ftate;
and as far as human power can go, laws fhould enjoin
whatever is of confequence to the general profperity.
But if in the very conflitution of the civil polity, the
fovereign or chief magiftrate is only entrufted with
fuch power as is requiiite for the prefervation of the
fecular rights of men ; then they cannot exert any fort
of coercive power about the means of forming mens
minds to religion or inward virtue. But when they
are cntrufted with certain revenues, to be employed
for the publick utility at their difcretion ; and where
they are not exprefly reftrided to the care of the fe-
cular rights of men ; fmce human happinefs chiefly
depends upon virtue, the civil governors muft think
it belonging to their office, to inftill into the minds
of their fubjeds the true fentiments of religion and
virtue, and to influence their hearts to relifh them, by
the beft inftrudlion and difcipline from their infancy,
that they may be furniftied for all the honourable of-
fices of life.

But at the fame time they muft maintain to all, their
facred right of judging for themfelves; which would
be plainly encroached upon by any penal laws about
fuch opinions, whether fecret or divulged, which don't

Ch. 8. (?/ Civil Laws. 30;

lead to any praflices deftruftive to fodety. Nay tho'
fuch tenets fl^ould be divulged by n>en who imagine
thenifelves boimd in confcience to divulge them; it
wouid generally be more advifable only to infift that
luch perlons give proper fccurity that they will give
no d.fturbance to the ftate, and bear iheir Ihare in all
fervices required of them for the publick; and to nu-
n.fh rjgoroufly only the injuries done in confequence
ot luch dangerous opinions; rather than to inflict any
penalties on men for thefe opinions themfelves 'Tis
often better to leave fuch tenets to be exploded by the
jufier reafonings of wife men, than to proceed to any
leventies on account of the tenets themfelves

But as the far greater part of every people will not

ofVnA-."^ J a' '"'^""'' ^>' ^P^^'°"^ appearances
of fanflity, andoftentation offuperior wifdom in fome
defigmng men, will incautioufly give up themfelves to
be led by them ; it mult plainly be the bufinefs of the
magiflrate to get this Uadu,^ bto his own hands • by
appointing men of charadterandlearninr. to teach the
people the juflfeiniments of religion and virtue, and
to confirm them by the moft effeftua! reafonings ; that
they may not be perverted by the wicked arts of o-
tiiers. And if men in power have any tolerable wif-
dom and hold any tolerable fcheme of religion, they
will always find the far greater part of the people ve-
ry tradtable to follow as they lead them, fo that little
reed be apprehended from a few who may dilfent from
the publick fchemes.

The exafling by law, under any penalties, that peo-
pie fiiould conform in opinion and praftice to any te-
iiets or rites of worfliip, that are either falfe and ah-
l"rd, or the' true yet of little confequence, generallv

3o6 0/ Civil Laws a«i Book III.

occafions great roifchief to any ftate ; fince according
to the different genius's and tempers of men , they have
and always will run into different opinions and prac-
tices ininatters of religion : and thence fome of the
moft ufeful hands will defert the country when they
are harraffed about fuch matters: the ftate will be
plagued with fedition and difcord : and the aflivuy of
men turnedofFfromthe fervicesandoccupations which

are moft ufeful to the community, and occupied upon
trifles. Ko good fubjeftfhould meet with any vexati-
on, or be excluded from any civil right, on account of
any opinions or modes of wor (hip which don t burta-
nv of their neighbours.

II. The example of thofein fupreme power will
have the higheft influence in promoting the virtue ot
the people: efpecially if they advance to honours
only fuch as are of approved integrity and purity of
manners. The populace in their eleflions, if they are
truly firee, always follow fome appearance of virtue;
and will feldom promote any but fuch as are of diftm-
guifhed integrity. Nor will honor or power alter the
fempers of the perfons advanced, if there are proper
teTfixedby law for the holding of offices ;_ fo that
upon exmration of the term, they muft return into the
common condition of the people. Where the power
of promotingto offices is in the monarch.the men pro-
moted will probably refemble their political creator.

Next to piety towardGod, the great fource of hap-
pinefs, and the Ibongeft incentive to all other virtues,
the virtues to be mofl cultivated in a ftate are, tem-
perance, juflke, fortitude, and induflry. Such tempe^
rlnce as reftrains not only excefTive impulfes toward
pleafure, but all luxury and immoderate expences on

Ch. 8. tie Ex'ECvTion of them. 307

the fhcw and grandeur of life, muft be allowed, by

Of any Itate There is a certain meafure of fenfual
pleafures and elegance both grateful and innocent
to provide us to this degree God and nature have
produced raany fruits and other materials with eVg"!
fite art. Nor is there any moral turpitude in the a
joyment of any pleafure, if it be inconfiftent XZ
duty of life, nor tends fo to foften or weaken th. n^'^
that u fl,„, ,e diftreired in the wantofTt t b ^^ .o
neglea and counteraft its duty to obtain if r
therefor Hiould be defined, 'Ch a^Txc JnvtS
or ufe of the lower pleafures, as is inconfiftLt tith
difchargmg the offices of life " Nor U ;. <rL,
preciiely to fix general meafure of twfu e joCt
for all ; they muft be various as their fortune? a't^h
ments, dependent friends, and even bodily cJnSt
ens are various. Now luxury, in this noLn of "a
It lavifhes out mens fortunes, and yet increafe their
keen defires, making them needy, and craving -tmuft
occafion the ftrongeft temptations to defert the r Zv

^rtirffidt"^-^^^ " ^^ --««-' Xt^

lure . n mult lead the ct.zens to betray their countrv
either to a tyrant at home, or a foreig^ enemy when

heycannototherwaysgetfundsforthdrluxZ'.w't;
the luxurious generally every thing is venal

Kor IS It ju% alleged, that luxury is ne'celTary or
ufcful to encourage arts and manufaLres Ss
and ,„du,lry may be encouraged to the higheft "ith
out any luxury, at leaft all innocent, neceffarv Tl
egant arts. Men of higher fortunes ^lay St anv

tures, as far as their v-veral obligations ir. life allow

U a

"08 <?/Civit Laws and Booklil.

\t And if any fuch deny themfelves fuch expences,
fr'om views of a finer liberality, in raifing the cond.ti-
on of indigent friends ; they along with their famihes,
kinfmen, and friends thus fupported. may make a
^^ch greater confumption of the very fame produds
Td manufaaures, or of others equally defcrvmgen-
courTgement in the Hate; and thus they w>th their
dependents are more beneficial to artificers.

Need we mention too, that a fober, fruga oecono-
mift,in a long and healthy copiouslife. generally makes
"er confLption than a prodigal of equal fortune ;

She is often puniftied with a long trad of difeafes and
penury, for the extravagance of a few years. And
Ln , a lower orders are always imitating tlie manners

of their fuperiors ; the plague of luxury w, 1 foon m-
fea the very loweft, and even the mechameks. Then
they cannot fubfift without higher prices for the.r la-
bours ; the manufaftures muft confequently rife in
thTprices, and cannot be vended abroad if any
more indaftrious and fober country can afford the like
in foreign markets at lower prices.

Ill 'TIS fcarce necelTary to fliew the neceflity of
dilkcnce and induftry , fince the wealth and power of a
2n depends almoft wholly upon them Agncukure
h necelfary, to prevent a conHant drain for the food of
ou people to obtain grain for exportation, and fur^
^n> the very materials for many of our artizans,wh>ch
oherways ie muft buy abroad. And in like manner
:i meclLick arts, either fimpler, or more elegant
ftould be encouraged, left our wealth be drained by
our buy'«g fo^"S" manufaaures. Merchandize and
fiLv are of great confequence : nay the very bu.ld-
Tg of l.ps U that we may not lofe the profit of

Ch. 8. //?6^ Execution of them. ^o(p

the carriage either of our own or foreign goods, and
with this, the training of failors; which contributes
both to the increafe of wealth and to the defence of
the ftate in war. The mechanick trades (hould be held
in reputation, fo that people of better fortunes and fa-
rnilies may not deem it below them to be concerned
in them.

IV. That juftice is neceflary cannot be a quefti-
on. For if laws and juftice don't prevail, as without
them no right natural or acquired can be fafe, all in-
duftry mufi: langulfli. I^'ay as merchants mu(l: augrnent
their prices in proportion to all their cafual loITes :
where there's much injuflice, the merchants muft
charge in the price of their goods the lofTes they fu-
Itain by the frauds of the unjuft; and thus the beft
citizens muft be loaded with this burden: nay fur-
ther, any neighbouring ftate where juftice more pre-
vails, if other circumftances be equal, can underfell us,
on this account. Where therefor juftice is not main-
tained, the commerce of a nation muft fmk, with all
its attendant profits.

To examine into the beft methods o{ adnmnjlriiig
juflice^woM require long diifertations. We only
briefly fuggeft, that a fmall number of fimple eafy laws
might fufficiently protect and regulate the citizens, if
there were fuch a contrivance for the courts of judi-
cature, as would entruft the decifion of fuits to mea
of great goodnefs and equity and approved integrity:
fevere reftraints upon vexatious or oppreffive fuits
would be of the higheft advantage. The earlier laws
and conftitutions of the Romans about thefe matters
are worthy of imitation,

V. Military arts and virtues are accomplifii-
U 3

jio 0/Civih Laws and Book III.

ments highly becoming all the more honourable citi-
zens. W arfare tliercfor (hould be no man's perpetual
profefTion; but all onght to take their turns in fuch
fervices. And hov.^ever it may be obferved^ that, when
according to modern cuftom, armies are made up of
the very dregs of a people, fellows too dilfolute and
worthleis for any other occupation, whofoever takes
10 this way of liie for a few years is made unfit for any >
other occupation for the future ; yet the cafe would be
quite otherways if all the bell citizens ferved in our ar-
mies by turns. This method |oo would bring along
with it thefe grand advantages: all the people would
be trained and skilled in miUtary fervice. Should one
of our armies be entirely cut off, we could have ano-
ther of veterans immediately: were the chief officers
cut off; we would have others of equal experience in
readinefs to take the command : and it would be no
eafy matter for either any ambitious citizen at home,
or any foreign invader, to trample upon the rights of
an armed people well trained in military fervice.

VI, The laws and whole conftitution of the fiate
fhould be fuch as may prevent any fmaller bodys of ci *
tizens to be more ftrongly attached to each other, or
to any foreign interefl, whether of prince or bifhop,
than they are to their own country, or have greater de-
pendance and expectations of promotion by them.
i!Lnd the citizens (liould be taught that no antient en-
gagements, obtained from their anceftors by the moft
impious frauds, canbeof any validity againft the pro-
fpcrity of their country. For it cannot be of ufe to re-
ligion that ecclefiafticks (hould have great fecular pow-
er of any kind; and much lefs that all ecclefiafticks
through the world (hould be deemed as a great cor-

Ch. 8. the Execution cf them. 311

poratlon to be governed by a common prince or coun-
cil ; who too fhould have power to promote, in many
nations, what favourites they pleafed, to high digni-
ties and princely revenues ; and to whom there fhould
lye appeals from the higheft courts of the feveral na-
tions, in matters upon which wealth and power depend„

Vll. It is one great defign of civil laws toftrength-
en by political fandions the feveral laws of nature;
and to appoint fuch forms of bufinefs, and of procefs
in courts, as may prevent frauds and promote juftice.
The populace often needs alfo to be taught, and en-
gaged by lav/s, into the beft methods of managing
their own affairs, and exercifing their mechanick arts :
and in general, civil laws fhould more precifely deter-
mine many points in which the law of nature leaves
much latitude.

From the very bef} body of civil laws certain exter-
nal rights mufl: arife, which tho' no man can infift up-
on withagoodconfcience, yet if the perfons to whom
they are granted claim them, they mufl hold them with
impunity: nor can any one rightly have recourfe to
violence againft fuch rights, or obtain redrefs at law.
Many alfo of themoftfacred duties can be no matters
of compulfion , but muft be left to the honour and con-
fclence of thofe concerned. There are certain benefits
granted by law, which no good man would claim, but
when claimed they cannot be refufed. * Any fuch
covenants or teftaments too as for want of the legal
formalities are not confirmed by human laws, a good

* On theH; two heads there are two good orations of Bar-
beyraqiie, annexed to his tranfiation of the fmaller book of

Puffeiidorf, Dc kguin ferinijpone et bcm'ficiis*

u 4

gi2 dy Civil Laws and Book III.

man would often think himfelf bound to hold as valid,
if there*s nothing appointed in them beyond the mo?
rai power of the parties or teltator, nor contrary to er
quity. But if they arc wrong in either of thefe re?
fpeds, a good man may take the benefit of the law.

VIII. Tnit. fantliojis of laws are re^jjards and pu-
niflwients. There's this common reward annexed to
obedience to civil laws, that thefe who obey them con-
tinue to enjoy all the advantages of civil Hfe. Some
few civil laws have peculiar rewards, fuch as honours,
and premiums in money. The natural honour is ^^the
^y good opinion others entertain of our moral excel-
^' lencies." Civil honours are *^ thefe external indica-
^' tions of deference which are appointed by law."

ThQ fj?iple efthjiation^ or charadter of common ho-
nefty, is fo much every man's right, that no governors
can deprive one of it at pleafure, v/lthout a caufe de-
termined in judgment. The higher eftimation, or im
tenftie, as fome call it, is not a matter of perfedt right;
as no man can at the command of others form high
opinions of any perfon, without he is peifuaded of his
merit. But as to external marks of deference, and pre-
cedency, the civil powers have a right to determine
about them, as they do about other civil rights. If
tiiefe are conferred only upon real merit, they will be
of high account with wife men. But if they are often
conferred injudicioufly, they will grow mean and def-
picable to Vv/ife men, and matter of fcorn and jefl: : as
they are often fecn wliere they are hereditary, and
there's no cenforial power to degrade the unworthy.

IX. The true end of all punifament is this, that
all bad men by the terror of them may be retrained
from doing any thing injurious; and thus the comma-

Ch. 8. //;^ Execution ^//w/. gj^

nity be preferved in fafety. Chaftifement as diainguifh-
ed from puniHiment, has In view only the reformation
of the fufferer : and reparatmi of damage, aims at the
T-itility of the one who fudalned the lofs : to this men
are often bound even without any preceedinff crime
or fault.

Neither anger, nor hatred of the criminal, nor e-
ven that hondl indignation at moral evil, which is na-
tural to every good man, fliould be the fole fprings of
punilbing: but rather a calm regard to the common
intercft,and the fafety of the innocent. The true mea-
fure of punifliment is not to be taken from the degrees
of moral turpitude, but the exigence of fociety. A '
great deal of high moral turpitude muflpafs unpunifh-
ed.' and yet on the other hand if the fafety of the
community require it, fome adtions which fhew fmaller
depravity oftemper, mud: be punifhedfcvercly. Thus
no penalties are inflicted on ingratitude, and want of
humanity; while any infurrec^ion againfl thefupreme
power, tho' upon plaufible pretences of the right of
iome competitor, muft be puniflied feverely. But the
crimes which deferve thehigheR punifhmentson both
accounts, are the publick ones of men in power, per-
verting what was intrufred to them for the fafety of
ethers, to the opprefTion of the citizens.
■ Though it may not be ncceifary to punifli the firft
motions or hafty intentions of wickednefs, nor is It of-
ten pradlicable; as fuch rafh motions may upon fud-
dcn^ provocation arife in the breafts of good men, who
will foon reRrain them of themfelves : yet fuch as have
proceeded to any external anions which might have ef-
leclually accompliOied the evil, but were prevented by
accident; cr forcC; or the timely aid of others, and

gjx 0/ Civil Laws and Boaklll.

■which ftiew furious malice and obRinate purpofes of
injury, thefe deferve as high poniftiments as if they had
obtained their eiTea. Sometimes indeed the pubhck
intereft may require the granting even rewards to fome
bad aaions, and pardoning the greateft criminals.

The refpecl ofperfint which is highly culpable in
judgment, is when any regard is had to fuch qualities
of aaions or circumftances of the guilty as neither af-
fedt the turpitude of the crime, nor the fcnfe of the pu-
nilhment, nor the common intereft of fociety. But
circumftances which affeft any of thefe three muft al-
ways be regarded. And therefor when other circum-
ftances are equal, pecuniary fines are to be enlarged for
equal crimes according to the fortunes of the crimi-
nals, and corporal punilhments accordmg to their
ftrength of body ; and ignominious ones are to be a-
bated according to the dignity of the perfons.

But we muft not go on in increafing without bounds
the feverities of puniftiment upon the higher crimes.
For frequent fpeaades of tortures have a tendency to
diminifti our natural compaffion and tendernefs of heart,

and to make the tempers of men more favage and cruel.
X 'Tis unjuft to punilh any man for the crimes of
others ; nor is it equitable to confifcate the whole for-
tune of a family for any crime of the head of it. All
the natural claims of the wife and children to a lup-
port out of it, as well as debts due to any innocent
perfons, ftiould firft be difcharged. Nor is it naturally
iuft to punifhany bodies corporate forany crimes ; the
tuilty only in fuch cafes (hould be punifiied, whether
private perfons or magiftrates of the corporation. It
may fometimes be juft to take from the corporation
either thefe privileges, or fortifications, or arms, by

Ch. 8, the T.-^ls.C'UTio'^ of them. 2ir

which the criminal members of it were encouraged or
enabled to do injuries to their neighbours, if fecurity
againft like injuries can be obtained no other way. The
corporation may fometimes be bound to compenfate
damages out of its publick ftock, or even the private
fortunes of its members, when the criminals can't be
found, or cannot repair the damage ; if it has been oc-
cafioned or encouraged by any of thefe advantages,
privileges or fortifications, which the body had obtain-
ed for their own behoof.

XI. Ever Y government has the jufteft right toex-
aa tributes from the fubjedls by law, provided they
are no more than what are requiCte for the prudent ad-
miniflration of pubhck affairs ; as this publick expence
is made for thebehoof of all. The violating fuch laws
by any fubjed is equally criminal with theft. Nor is
the inj ury fo properly done to the governors, as to our
fellow-fubjeds, who muft be obliged to make up de-
ficiencies occafloned by thefe frauds, fome other way,
and muft be fubje^ed to other burdens on this ac-
count; befide many other inconveniencies. There is
no other poffible method, of making men contribute
in jufl proportions to the publick charge, than by in-
Itituting a ccTifus, or valuation of all their fortunes.

XIL These are the obligations of fubjedls toward
their governors : firft, they are facredly bound to obey
all their jud laws and commands : and fecondly, if the
thing commanded be a matter committed to the pow-
er of the governor ; 'tis generally the dutyof fubje<51s
to obey, even when they judge that the orders are im-
prudent. Thisholds mod obvioufly in military opera-
tions. For to allowtheinferior to judge of his orders,
and only to obey when he thinks them prudent for the

3x6 C/ Civil Laws, 6*^^. BookllL

good of the date, would deftroy all military difcipline,
and reduce an army into a tumultuous mob.

3. Hence it follows that in matters committed to
the wifdom of governors, the fubjeds may ad a juft
nay an honourable part in obeying fuch orders as were
very criminal to their governor : the fubjefl by obey-
ing IS preventing the greateft mifchief ; fince from the
relaxing of all order and government, far greater evils
muft generally enfue, than from the execution of very
imprudent orders.

4. But if the thing commanded feems to the fubjefl
fo entirely pernicious and ruining to the ftate, that it
were better to break through and deftroy the authori-
ty of fuch commanders, than to execute fuch deftruc-
tivc orders: the fubjed may refufe obedience. But in
fuch matters they fliould ufe the utmoft caution that
they don't judge amifs.

5. Where we are commanded to do any adl aired:-
ly irreverent and impious toward God, or contrary to
the perfea rights of others ; or where the matter com-
manded was not committed to the power of the com-
mander; we are under no obligation to obedience.
Nay 'tis often highly honourable to endure rather any
punifhment, than fubmit to a precedent that may be
ruinous to our country. We (hewed above * in what
cafes it is lawful for fubjedls to refift their governors.

The common duties of all fubjedts muft eafily appear
from the nature and origin of civil power and the po-
litical union. Their peculiar duties arife from their fe*
veral ftations; relations, and offices in the ftate.

* Book III. vii. 2.

CHAP. IX.
Tie Laws of War.

THE rights of war and treaties are of that clafs
which refpedt foreigners. The principal mat-
ters of right in war, as to their caufts and bounds,
were explained in the former book*, when treating
of war among perfons in natural liberty. The fame
maxims hold in the publick wars of ftatcs, which with
refpe(^ to each other are in the fame ftate of natural
liberty.

As to publick wars of a lefs folemn kind, without
the order of fovereign dates on both fides ; they may
be fufficiently underftood from what was already faid
about the right of governors to reprefs tumults and in-
furredtions, and from the right of refiftance that fub-
jedls may have in defence of themfelves againft perfi-
dious governors f . '^ A war undertaken by order of
*' independent dates on both fides" is called ^folemn
nvar. Nor need we add to the definition, that it be
freviouJJy proclaimed; tho* it be highly becoming eve-
ry civilized nation, when they have recourfc to force
to let all around know the grounds of it, as foon as
they can conveniently. But 'tis plainly not incumbent
on the nation invaded by another, to make a previous
declaration before it defends itfelf. Nor is it always
necefTary that the aggrefTor fhould make fuch previous
declaration; as perhaps his fureft method of obtain-
ing his right may be by furprizing the enemy j and a

♦Ch.xv. t Book III. vii, 2.

3 if T6s Rights of Wa^. BookllL

previous declaration might prevent his bed opportu-
nity of fuccefs. What has led ingenious and learned
men to make a previous proclamation neceflary, was
too great a deference to the foecial la^ojs among the
Romanc. But as contending by violence is not agree-
able to the rational and focial nature, 'tis unworthy of
a good man, when he is forced to betake himfelf to it,
not to declare openly, as foon as he can with fafety, his
motives and intentions, that ail may fee that he could
not otherways obtain his right.

As in civil v/ars there are often fpecious reafons on
both iides; all neighbouring ftates fhould (liew the
fame favour to both the contending parties as to thefe
engaged in folemn wars. Nay in civil wars there are
as jfrequently as in the folemn, juft caufes on one lide,
and fpecious ones on the other. Nor is either of tlie
parties engaged in them to be deemed like robbers or
pirates, abdicating or forfeiting all the rights of man-
kind.

II. Th e laws of war either refped the contending
parties or neutral ftates. ^' What right reafon fhews
** neceffary to be obferved in war for the general inte-
*"' reft of mankind" may be called the lamj of nations
of necejary obligation. But ^' what a long traft of
** time has made cuftomary, with a tacit approbation
*^ or confent of nations ;" which however might be al-
tered by contrary cuftom, or taken av/ay at once by
a timeous premonition of ail concerned, we may call
the voluntary laiv of nations.

The juft caufes of war were explained in the former
book * . But with refpedt to neighbouring ftates we

* Ch. XV.

Ch. 9. Ths Rights ^ War. jjq

may fuggeft, that as among citizens there are allowed
anions at law forprevention of damages not yet done
and agrarian laws reflraln fuch exceffive acquifitions of
wealth as may prove dangerous to the fociety, tho' the
acquifitions are not to be made by injurious means ; fo
fometimes among neighbouring ibtes, a dangerousb-
creafe of power in any one of them may give a juft
caufe of war, if no gentler fecurities can be obtained:
efpecially when the people of that ftate fhew a gene^
ral ambition of military glory and conqueft, and quit
all peaceful arts: fo that their neighbours muft be in
perpetual dangers, unlefs they alfo quit the innocent
arts of peace, and are always a training to war. But
this is an inibncc of thefe extraordinary rights which
feldom occur.

In publick wars the term of commencement, and
the term of ending, or the bounds of our demands,
may be fixed the fame way as thofe of private perfons
in natural liberty; of which formerly.

The juft methods of carrying on war are open vio-
lence, or fuch arts of deceiving as carry along with
them no profefTion or tacit engagement of communi-
cating our fentiments to the enemy* . Violence is ju-
flifiable only againft men in battle, or fuch as violent-
ly obftrua our obtaining our rights; altho' by the in-
human cuftoms which have prevailed, men may exer-
cife with impunity any fort of cruelties toward their
enemies. 'Tis alfo very ordinary to deceive enemies
by any falfe narrations, or any fort of difcourfe, ex-
cept fuch as imports making fome covenant or treaty
with them. But as it is by treaties alone that either

^ Book II. X. 2,

320 515? Rights ^/War. BookllL

peace can be reftored, or more humane methods of
war maintained, and horrid mutual cruehies preven-
ted ; it never was, nor ought it to be allowed to de-
ceive enemies by any form of treaties.

III. There arc many other obligations introdu-
ced by long cuftom importing tacit covenants; which
however could be taken away by a timeous premoniti-
on of all concerned. Such as, that none ihould ufe poi-
fons in war, or employ any of the enemies fubje^s or
foldiers to affafTinate their prince or their generals . That

all melTengers or envoys, or ambafTadors fent on either
fide Oiould have protedion to their perfons, is indeed
matter of neceffary obligation ; finee it is by their
means alone that peace can be obtained, without the
entire deftrudion of one fide, or any humane methods
of war preferved. But 'tis matter only of voluntary
right that palfports Hiould be mutually allowed, to a-
ny fubjec^s of the hoftile nation who come unarmed,
to travel through their countries, or to refide in their

cities. n 1 1 r 1-

IV. Upon what grounds of juftice the goods ot the
fubjedts of hoftile dates are feized mutually, comes
next to be explained. ^ . , .

1. All dates in amity are bound to redraui tneir
fubjeds from depredations, or any way injuring the
fubieas of dates around them : and when fuch inju-
ries are done, they are obliged to compel the authors
of them to make reparation. We fpeak now of fub-
jeas who are amenable by law, and not of pirates or

2. when fuch reparation is demanded and refufed,
the injured date may judly have recourfe to force, fei-
zing the goods wrongfully taken, or if they can't find

Cii. 9.^ ^-^^ Rights e/" War. 321

them, taking to their value from the authors of the
injury, or from theftate, which by defending the de-
predators bring the guilt upon themfelves. And this
r-ght IS ftill more obvious if the injuries have been done
by publick order.

3. If there's no opportunity of feizing the publick
goods of the injurious ftate, the injured may feizethe
private goods of any citizens of that ftate. For as the
pohtica conftitution and the civil power was erefled
for the behoof of all the fubjefls, they are bound to
repair any damages arifing from this contrivance which
they fell upon for their own utility*. And the civil
powers by giving their proteflion, have plainly fup-
ported and excited their fubjefts to fuch injuries.

4. But then thefe innocent fubjefls who fuffer thus
by thefe reprifals, on account of theircommunity, may
jultly claim from their community to have theirlofTes
repaired, out of the common flock, or out of the goods
of the depredators. It certainly would be the more e-
qu.tableand clear way, that goods thusfeized as re-
pnfals from the innocent fubjeds were only detained
as pledges, till the injured ftate received reparation
another way, and then were reftored to the owners
But a contrary cuftom has prevailed f; and the old
property IS on all fides deemed to be extinguilhed, as
loon as fuch goods taken are brought intoanyfortrelTes
of the captors, and adjudged, either to them or their
community: fo that fliould they even be retaken after-
wards, the old proprietors cannot claim them. Nor can

*Bookir.xiv. 2. andBooklll.iii. 2, art y

eu? 1?' "r^ as large fharcs of the goods take„
ire uLially given to the captors.

X

322 7X« Rights o/ War. Book lit

thev be taken by violence, or any claim be made upon
themby tlie old proprietors after they are any way
legally acquired by any fubjefts of a neutral ftate,and
brought within their territories.

V Th E principallaws with refped to neutral dates
are briefly thefe. i . A neighbour-ftate under no en-
gagement to fend auxiliaries to either fide, ought nei-
ther to be involved in the war, nor fuftam any damage

^^2.* If the neutral ftate by fome former treaties be
obliged to fend auxiliaries to both upon the event ot
wars • when its two confederates are at war^ith each
other, it ought to fend aids to "ff f'/-:/'''^ '""
clined to engage in war, it fhould fend aid to that
ftate whofe caufe it judges to be juft. For all fuch of-
fenfive and defenfive alliances bind only upon fuppo-
fal that the caufe be juft : nor can they bind the neutral
ftate to make war upon fuch as are allied to them by

^°^rA'n?uSi ftate may juftlypurchafe, or take by
any other title, any moveable fpolls taken on either
fide after they are adjudged as lawful prize : nor can
the former proprietors have any further claim upon
them. The neutral ftates or their citizens are no com-
petent judges of the juftice of the war and the cap-
tures; and they may frequently be ignorant whether
the goods they purchafe are prizes taken in war or not.
4 But as to lands, forts, or cities the cafe is diffe-
rent The neutral ftate muft know by what title they
are held, and that they were taken from a ftate in ami-
t^ with them: and by purchafing them they muft pre-
clude that ftate from retaking them again. What an-
nual rents or fervices may be due by any diftndl or

Ch. 9. y/J^ Rights y War. 335

fmaller town, to any great city or fort lately taken by
the enemy may juftly be paid by fuch as are neutral,
to the prefent pofTdror; and the refufal of fuch pav-
inent might be deemed a declaration againft the iuftice
of the capture. If fuch great cities or forts be again
recovered by the old governors, the payments made to
the enemy dunng his po/Teffion muft be fuftained as
good ; nor can the repayment of the fame fums or fer-
vices be demanded. But if the violent pofTeflbr pre-
tends to fell or alienate or relinquift for ever any fuch
rents or fervices due by a neutral territory, or to exaft
payments ofod debts, or to abolifh them, the deed
will not be valid againft the old proprietor when he
recovers his old polfeffions again. "^ ^"^n '^e

J. Whatever new favour is granted, by a neutral

to th "oT r P'" f '" ""''' " '""'^ Sr^"' 'he like
to the other, if it would preferve neutrality; fuch as

the allowing any of its fubjedts to enlift. or hiring out
Its troops, or fupplying with military ftores. Indeed
the fendmg arms or military ftores, by way of mer-
chandize to either of the ftates in war, is deemed
commonly by the other a breach of the neutrality;
and they are accordingly feizable : and fo are even
common provifions into any place befieged

6. Neutral ftates muft not be hindered in their com-
merce wuh either of the parties, except in arms or mi-
liary ftores ; the nature of which too 'tis not eafy to

ftips to either fide for trade. If they are taken, the e-
nemys cargo ,s juftly feizable, but not the (hip K^t'
tral ftates may freight the (hips of either fide; and if
hey are taken, the cargo cannot be made a pr ze. bu
the fliip may. Nor (hould any neutral ftate lofe any

224 "^^^ Rights of War. Book III.

right of pledge or mortgage formerly conftituted, in
any goods moveable or immoveable which happen to

be taken in war.

7 ^^either of the parties at war ought to ule any
violence againtt each other within the territories of a
neutral ftate, by taking men, (hips, or other goods of
their enemies, found in neutral ports. And the terri-
tory of each includes not only their harbours, but any
narrow bays running far into the land, the (hoars, and
fuch contiguous parts of the fea as are witbm reach of
any military engines. For if fuch violence were al-
lowed, a neutral ftate might fuffer greatly by bemg
made a feat of war; and their commerce with both
fides muft be entirely obftrufted.

8. As to deferters and fugitives ; neither of the con-
tending parties can exercife any jurifdiaion conjoined
with force, over their own citizens within the bounds
of a neutral ftate, except by commiffion firft obtained
from the civil powers of the neutral ftate. No ftate in-
deed ftiould protea fuch as have been guilty of the
moreatrocious,detcftablecrimes-,fuchcriminals{hould

be feized and delivered up to juftice. But as to defer-
ters in war from either fide, or perfons who have fled
on account of religion, or any ftate-crimes they com-
mitted, in conjunaion with any ftatc-faaion, upon
fome plaufible ftiews of right; a humane cuftom has
obtained that they fliould find proteaion in all other
ftates, while they don't make any new attempts againlt
the civil powers of their country.

25

CHAP. X.

(^Treaties ^//^Ambassadors, ajidthe entire
Dissolution ^States.

TH E chief laws of nature about treaties were
explained in the do(5lrine of contrad:s in na-
tural liberty*. But we muft remember that the excep-
tion of unjuft force and fear cannot be admitted againft
the obligation of any treaties of peace ; otherwife the
old controverfies might always be kept a-foot. And
yet fuch exceptions may juftly take place when the war
is manifeftly and avowedly unjuft on one fide ; or if the
terms impofed by the more potent fide are manifeftly
injurious and contrary to all humanity. In thefe cafes
the party injured may infift upon an arbitration ; and
if the other fide refufe to fubmit to it, each fide muft
by force confult its own fafety and the maintenance of
its rights, by what aids it can find.

Treaties are divided into realy and perfonal: the
perfonal, which are lefs in ufe, are entered into in fa-
vour of the prince's perfon, and ceafe to bind upon
his demife. The real^ refped the body of the people,
or the nation, which is deemed immortal. Treaties
are alfo divided into the equals fuch as bring equal or
proportionable burden s on each fide, and unequal which
bring unequal burdens. But 'tis not every unequal
treaty that any way impairs or diminiflie§ the f maje^

*BookII. ix. t Book III. V.J.

X3

326 ^Treaties. Book III.

fly and independency of the fide fubmitting to the
greater burden.

Hoflages in former ages were fecurities commonly
given for performance of treaties, but they are now
gone into difufe ; becaufe it would be exceedingly in-
humane to treat the innocent hoftages any way harfhly
becaufe of the perfidy of their country.

11. In making treaties ambajfadors are employed.
Their rights are all the fame, whatever names are gi-
ven them, if they are entrufted to tranfadl the affairs
of a fovereignftate. Their perfons ihouldbe facred and
inviolable, as we faid above. They have a juft natural
right to demand that their propofals fhould be deli-
vered. But as to an allowance to refide any time in the
ftate to which they are fent, they may claim it as due
out of humanity, but cannot infift on it as a perfed
right. Since the bufinefs of the more adtive ambafTadors
is much the fame with that of fpies upon the nations
where they refide. If they are allowed to refide ; the
law of nature would give them no higher rights or
immunities, than any other foreigner might claim with-
out any publick character.

But by the voluntary laws of nations, they have
jnany fingular privileges and immunities, both for
themfelves and all their necefiary retinue: all which
however any ftate might without any iniquity refufe to
grant them,if they give timeous intimation of their de-
fign to do fo to all concerned.

I. This is cuftomary in the firft place, that no ac-
tion can be brought againft an ambalTador or his ne-
ceffary retinue, fuch as his fecretaries, or domefticks,
in any courts to which he was not fubjedl previoufly
to his taking this charader. What has been in view

Ch. lo. ^Ambassadors. 527

in this cuftom, was this ; that an ambafTador, the more
vigilant he is in his office, will be generally fo much
the more difliked and hated in the ftate where he re-
fides: and therefor were he fubjed to its courts, he
would not have a fair hazard for juftice in a nation
prej udiced againft him. The fubjefts of the ftate where
he refides may eafily abftain from any contracts with
him in which they may be wronged, fmce they can
have no aftion againft him. Should an ambaffador or
his retinue commit any outragious crimes; he may be
fent home, and juftice demanded of his conftituents;
the refufal of which may be a juft caufe of war. If
any ambaffador intermeddles in trade, his merchant-
goods, except fuch as are neceffary for his fupport in
his embaffy, are liable to attachments or arrefts for
the debts he contracts in trade.

2. An ambaffador's houfe is deemed a fan^uary to
himfelf and all his retinue and attendants : of which
however a lift may juftly be demanded upon his ad-
miflion ; and the ftate where he is to refide have a right
to fix what retinue of his they will receive or grant im-
munities to. But an ambaffador by this privilege muft
not impair the jurifdidlion of the ftate where he refides
over its own fubje(5ts, by making his houfe a fanduary
for any criminals among them.

3. An ambaffador has the ordinary power of the
head of a family over his own domefticks ; or fuch ju-
rifdiaion in their civil adions as his conftituents have
granted him. But neither an ambaffador, nor even a
pnnce refiding in a foreign ftate, has a criminal jurif-
didion or power of infiidling capital punifliments upon
his own fubjeas, except by permiilion of the flate
where he refides.

228 0/* Ambassadors. Booklll,

4. Inhihitlons may juftly be ufed againft an ambaf-
fador, to rellrain him from any outrages againft our
fubjeds: and they themfelves have the natural right
of repelling force by force.

5. Mo ftate is bound to admit any exiled criminal
or fugitive fubjed of theirs, as an ambaffador from a-
ny neighbouring ftate. But if fuch a one is fent with
fuch commifTion, he cannot juftly be feized or punifh-
ed, but he may be immediately ordered to quit our
country.

6. The honours and precedencies of ambafladors
muft be determined by exprefs conventions or the ta-
cit ones of long cuftom. The fole natural caufes of
precedency would be the fuperior excellency of the
conftitution of the ftate he reprefents ; or his own fu-
perior perfonal worth. The abfolute or hereditary
power of his conftituent is the worft reafon of all ; if
we regard true merit, and not cuftoms introduced by

barbarians.

III. As to the dlftblution of our political rela-
tions, we may obferve : that by perpetual baniOi-^
ment, one ceafes to be a fubjed any further. But
it is not fo in temporary baniftiments; much lefs in
perpetual confinements to any remote parts of the

ftate.

2. No man can claim it as his pcrfeft right to quit
his country without the permifTion of the civil powers
or the laws, while it remains unaltered.

3. Where the old conftitution is much altered, ei-
ther by foreign force or any potent faaion ; fubjeds
who diflent from thefe changes have a right to con-
fult their own fafety elfewhere. And provinces may re-
fume their independency if they can : as they were fub-

Ch. 10. rheDiJfohtion of States. 359

Jeaed as we faid above*, only by their own confent,
and that to a ftate conftitu.ed in a very different man-

. 4- Bot upon any improvements made in a conftitu-
tion, lubjeds can have no juft right to defertit

5, Whateverchanges be made by the citizens them-
felves m the.r own conftitiuion, their treaties with fo-
reignersftill remain obligatory on both fides
_ IV. We may from what was faid above fee, what
nght any ftate can have to give up any part of its di-
Itnft, or any province with the people dwelling in it
to an enemy, or any foreign potentate. For firft as
the feveral parts of any community, and even provin-
ces, fubmmed themfelves to the whole body for the
common utility of the whole, in which each one waj
to Ihare; the community has no right to give up or
ahenate any pans or any provinces without their own
confent ; or to oblige them to be fubjed to any other
power, when they think they can otherways better
confult thcrown intereft. But on the other hand, as
there can be no obligation to impoffibilities ; if a ftate

cannotdefendusmore expofed parts, oritsprovinces;
n muft leave them unprotefled : nay, if the fafety of
the whole cannot otherways be maintained, it may
bind itfelf by a treaty to give no further defence to
thefe parts or provinces. But fuch a treaty impofes no
obhgation upon the part or province fo deferted, to
fubm.t to this new claimant. It may juftly confult its
own mtereft any other way; either by obtaining „w
confederates or giving itfelf up to fome other ftat^
i=pon as good terms as it can ; that it may be protec-

• Book nr.vH.8. 9. 10.

33^ 'J'he Dtjfolut'ion of States. Book III,

ted againft the prefent invader. For that covenant a*
bout the common defence of all, by which the feveral
parts were united into one (late, is now come into the
cafe of contracts * about what proves impoflible to be
performed.

What is faid about any part of a people or a province,
holds alfo as to any brave citizen, whom an enraged
enemy demands to be given up to him. Such a brave
man in cafes of the utmoft extremity may be as it were
abandoned ; or no further proteded. But his country
has not a right to feize and deliver him to the enemy,
or to hinder him to confalt his fafety elfewhere.

V. As to the entire diffolution of ftates ; thefe ma-
xims hold : when a (tate is entirely conquered, the fe-
veral fubje(n:s of it, and the provinces too, have a right
to fecure themfeives as well as they can ; whether by
adjoining themfeives to any other ftate, or by attempt-
ing to (et up a new fovereign ftate to themfeives in the
province. Citizens no doubt are bound to hazard all
for their country, and not to defpair too haftily about
its fafety. But if they have made all pofTible efforts
for their country, and yet all in vain, they may juftly
confult their own fafety as they can.

2. If by any unexpeded accidents, a ftate which
feemed extindt and conquered for fome confiderable
time, finds opportunity of fetting up again indepen-
dently, its former fubjed:s and provinces feem bound
to re-unite themfeives to it ; provided that during the
conqueft they came under no new and juft engage-
ments inconfiftentwith this re-union. For fuch engage-
ments as the citizens or provinces of the ruined ftate

* Book III. vii. 8, p, lo.

Ch. 10. The Dijfolution of States. 33 j

have entered into with foreigners, without any fraud,
while their former country feemed deftroyed, muft be
as obligatory as any.

3. A ftate which has long continued conquered,
and was made a province to the conqueror, has loft all
its rights over any of its former citizens who have fled
to other countries, and over its former provinces. And
tho' after a courfe of ages a new ftate fhould be for-
med in the fame trads of land formerly occupied by
the old ftate ; this new ftate can claim none of the pe-
culiar rights of the old one. The ftates occupying the
fame lands in different ages may be quite different po-
litical bodies: and the political body may remain the
fame when they change entirely their lands, nay while
they have none at all in poffefTion.

While our country remains, all good men fhould be
united in this purpofe, to deem nothing too hard to be
endured or done for its intereft; provided it be con-
Cftent with the laws of that more antient and facred
affociation of all mankind, of which God is the parent
and governor. '* Our children are dear to us, our
'' wives are dear, fo are our parents, our kinfmen,our
'^ friends and acquaintance. But our country contains
*' within it all thefe objeds of endearment, and pre-
*^ ferves them to us: and therefor every good man
'' ftiould be ready to lay down his life for it, if he can
•* thus do it fervice."

THE END,

BRIGHAW YOUNG UNIVERSITY

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