5) 6i Bi 14. Com'
menu ad Yen, Lipf, p, sj,
his
Ignorance, Gen. xx. 4, 5. who, had he
known Sarah to have been Abraham^ s Wife, had
never entertain'd any Thoughts of taking her to
himfelf Concotnitant Ignorance is the Want of
fiich Knowledge, as had it not been wanting,
Would not have hindred the Fa6l : As fuppofe
a Man fliould kill his Enemy by a chance Blow,
whom he would otherwife have kill'd, had he
known him to have been in that particular Place.
Igno RANGE with refpe6t to its Origin is ei-
ther Voluntary or Involuntary. Voluntary Igno-
rance is either contra^ed by mere negligence,
idlenefs and unattention -, or elfe affeEled, that is,
proceeding from a diredl and formal Contempt
cf the means of informing our felves in what
we were able, and what it was our Duty to
come to the knowledge of. Involuntary Igno-
rance confifts in the v/ant of knowing fuch
Things, as it was neither in our Power, nor a
part of our Duty to come to the knowledge of.
he gives him is whoJfom Liquor. Tho' we may believe
Anions fo ciicumftintiated to be innocent, yet no Man.
can innocently afTat^ that Murder orPoifoning are lawful.
• • • ^ ^ Jl^^
Chap. I. accordivg to the Law of Nature. 7
This likewife is of two Sorts : The former is,
when in doing a Thing a Man is not able to
overcome the Ignorance from which it proceeds,
and yet is in Fault for falling into tliat Igno-
rance ; which is the Cafe of Drunken Men.
The latter is, when a Man is not only ignorant
of fuch Things as could not be known before
the A6lion, but is alfo * free from any Blame
upon the account of his falling into that Igno-
rance, or his continuing in it.
The other Faculty, which does peculiarly ^^.
diftinguilh Men from Brutes, is called the mil ; ^^/ fj^'
by which, as with an internal Impulfe, Man **aJrfree.
moves himfelf to A6lion, and chi^Jes that which L. N. K,
beft pleafes him i and reje^ls that which feems 1- i- c. 4.
unfit for him. Man therefore has thus much
from his W^ill : Firft, that he has a Power to
a6l ■willingly, that is, he is not deter min'd by
any intrinfick Nece/Jjly to do this or that, but is
himfelf the Author of his own Adions : Next,
that he has a Power to :i(St freely, that is, upon
the Propofal of one Objedl, he may aof or nc t
a^, and either entertain or rejedl ; or if divers
Objeds are propos'd, he may cbife one and re-
fufe the refl. Now whereas among human Acfti-
ons fome are undertaken for their ozvn Saker,
others becaufe they are flibfervient to the atain-
ing of {omt'^hix. farther \ that is, fome are as
the End, and others as Means : As for the End^
the Will is th^is far concern'd. That being onv:e
known, this firft approves it, and then movos
'^ There is no other but this laft fort of Ignorance that
is really involuntary and invincible, and capable entire-
ly ro excufe Men in doing any prejudicial Ad*. \ for it is
Men's own Faults that ihcy fall into any of the fore.
nientiontd Ibrts of Ignorance.
B 4 vigoroufly
8 The Whole Duty of Man^ Book L
vigoroiifly towards the atchieving thereof, as it
were, driving at it with more or lefs earneflnefs •,
and this End once ehtain*d^ it fits down quietly
and enjoys its Acquift with Pleafure. For the
Means ^ they are firft to be approv'd, then fuch
as- are mofl: fit for the Purpofe are chofen^ and
at laft are apply^d to Ufe.
X. _ B u T as Man is accounted to be the Author
The lAfiU ^^ j^jg ^^^ AB'ions^ becaufe they are voluntarily
j}on ane- y^^^^^^^^^ \^^ himfelf : So this is chiefly to be
chargeahle obferv'^d concerning the Will, to wit, that its
'With the Spontaneity^ or natural Freedom, is at leaft to
L ^N^^'xr ^^ aflerted in thofe Adions, concerning which a
l.i. c 4* ^^^ ^s wont to give an Account before any
§ 2. human Tribunal. For where an abfolute Free-
dom of choice is wholly taken away, there not
the Man who a5ls^ but he that impofed upon him
the NecefTity of fo doing, is to be reputed the
Author of that Adion, to which the other un-
willingly miniftred with his Strength and
Limbs.
^^- Farther MO RE, though the Will do al-
'^ll'ioln'^^ ^^y^ defire Good in general, and has continually
ZTeBed, ''^^ averfion for Evil alfo in general ; yet a great
L. N. N. Variety, of Befires and Anions may be found a-
1. 1. C.4. inong Men. And this arifes from hence, that
5 4- all Things that are Good and Evil do not ap-
pear jD//rr/j of A6lions •, and
this is not only to be found in fmgle Men., but
in whole Nations. This leems to proceed from
the Temperaaire of the Air that furrounds iis,
and of the Soil ; and from that Conftitution ot
our Bodies which either was deriv'd to us in the
Seed of our Parents., or was occafion'd in us by
pur Age., Diet, the want or enjoyment of Health.,
the
lo The Whole T)uty of Man ^ Book L
the Method of our Studies, or way of hiving^
and Caufes of that fort , befide the various for-
mations of the Organs^ which the Mind makes
ufe of in the Perforrnance of its feveral Offices,
and the Hke. And here, befide that a Man
may with due Care very much alter the 'Tempe-
rament of his Body, and reprefs the Exorbitan-
ces of his natural Inclination^ it is to be noted,
that how much Power foever we attribute here-
to, yet it is not to be underftood to be of that
Force as to hurry a Man into fuch a Violation
of the Law of Nature^ as fhall render him ob-
noxious to the Civil Judicature^ where evil Be-
fires are not animadverted on, * provided they
break not forth into external Alliens, So that
after all the Pains that can be taken to repel
Nature, if it takes its full Swinge, yet it may fo
far be reftrain'd as not to produce open A5fs of
Wickednefs ; and the Difficulty which happens
in vanquifhing thefe Propenfities is abundantly
recompensed in the Glory of the Conqueft. But
if thefe Impulfes are fo ftrong upon the Mind,
that they cannot be contain'd from breaking
forth, yet there may be found a Way, as it
were to draw them off, without Sin.
Xin. The frequent Repetition of Adtions of the
ByCufiom fame kind does alfo incline the Will to do cer-?
^tttd^ tain Things •, and the Propenfity which pro-
L. N. N. ceeds from hence is called Habit or Cuftom\ for
1. I.C.4. it is by this that any Thing is undertaken rea
6 6. dily and willingly ; fo that the Objed being
prefented, the Mind feems to be forced thither-
* Uu^o Grdtius ds fure Belli &^ Pads* Lib.. II. c,
ao. 5 18.
ward..
Chap. I. according to the Law of Nature. 1 1
ward, or if it be abfent, the fame is earneftly
defirous of it. Concerning which this is to be
obfcrv'd, That as there appears to be no Cuf-
tora^ but what a Man may, by applying a
due Care, hreak and leave off-, fo neither can
any fo far put a force upon the WilJ, but that
a Man may be able at any Time to reftrain
himfelf from any external AEls at leaft, to
which by that he is urged. And becaufe it was ir;
the Perfons own Power to have contra6ted this
JiaUt or not, whatlbever eafinefs it brings to any
Adlion, yet if that A6lion be good^ it lofes no-
thing of its Value therefore, as neither doth an
evil Thing abate ought of its Pravity. Bu|: as
a good Habit brings Praife to a Man, fo an ill
one (hews his Sha7ne.
It is alfo of great Confideration, whether the XIV.
Mind be in a quiet and placid State, or whether '^y ^^f-
it be affeded with thofe peculiar Motions we^'"'^ ^^
call the Paffwns. Of thefe it is to be known, i."j. ^ 4.
that how violent foever they are, a Man with § 7.
the right Ufe of his Reafon may yet conquer
them, or at leaft contain them fo far within
Bounds, as to hinder them from producing thofe
A6lions they prompt Men to do. * But Where-
as of the Paffwns fome are rais'd from the Ap-
pearance of Good^ and others of Evil ; and do
urge either to the procuring of fomewhat that is
acceptable, or to the avoiding of v/hat is iiiifchie-
vous^ it is agreeable to Human Nature,, that
thefe Ihould meet among Men more favour and
pardon, than thofe •, and that according to fuch
"degrees as the Mifchief that excited them was
t -^poy^. Se^. 22. in End, Si^andic. -p. 39,
morQ
12 The Whole Duty of Man, Book. I.
more hurtful and intolerable. For to want a
Good not altogether neceflary to the Prefervation
of Nature is accounted more eafie^ than to endure
an Evil which tends to Nature's Peflrudlion.
XV. Farthermore, as there are * certain
By intoxi' Maladies, which take away all Ufe of the Rea-
i^^n"'n -^^ either perpetually or for a time : So 'tis cuf-
1 ' 1. *c. 4. ^ofT^^^y ifi many Countries, for Men on purpofe
J 5.* ' to procure to themfelves a certain kind of Dif-
eafe which goes off in a fhort time, but which
very much confounds the Reafoning Faculty.
By this we mean Drunkennefs \ proceeding from
certain kinds of Drink, and Fumes, which hur-
ry and difturb the Blood and Spirits, thereby
rend ring Men very prone to Lufty Anger ^ Rajh-
nefs and immoderate Mirth •, fo that many by
Drunkennefs are fet as it were befide themfelves,
and feem to have put on another Nature^ than
that which they were of, when foher. But as
this does not always take away the whole Ufe of
Reafon ; fo, as far as the Perfon does willingly
put himfelf in this State, it is apt to procure an
Abhorrence rather than a favourable Interpreta-?
tion of what is done by its Impulfe.
XVr. No w of Human Adions, as thofe are call'd
ABions Voluntary y which proceed from, and are diredt^
\7r^m\t ^^ ^y ^^^ ^^^^ ' ^^ ^^ ^"y ^^^"S ^^ ^^^^ ^^''^^'
C^^.'^^J^^Kb-> altogether againft the Will, thefe are
1. I.e. 4. call'd Involuntary y taking the Word in the nar-
5 II.
* Thp EfFea of thefe fort of Maladies, and of Dfuvh-
ennefs is not, to fpeak properly, a giving to the Will a
bent and inclination to this or that thing, fo much as
an entire deftroying the Principle of Human Adions ; be-
caufe Men under thefe CircQmltances know not any
tjiing of wh^C th^y do.
roweft
Chap I. according to the Law of Nature. \ 3
roweft fenfe \ for taking it in the largeft, it
comprehends even thofe which are done through
Ignorance, But Involuntary in this place is to
fignifie the fame as forced •, that is, when by
an external Power which is ftroi)ger, a Man is
compeird to ufe his Members in any Adtion,
to which he yet fignifies his Diflent and Aver-
fion by Signs, and particularly by counterflri-
ving with his Body. Lefs properly thofe Ani-
ons are alfo called Involuntary^ which by the
Impofition of a great NecelTity are chofen to
be done, as the lefier Evil j and for the Ading
whereof the Perfon had the greateft Abomina-
tion, had he not been fet under fuch Neceffity.
Thefe A6lions therefore are call'd Mixt. With
Voluntary Actions they have this in common,
that in the prefent State of Things the "Will
chufes them as the lefler Evil. With xht Invo-
luntary they are after a fort the fame, as to the
EfFed, becaufe they render the Agent either
not at all, or not fo heinoujly blameable, as if
they had been done fpontaneoufly.
Those Human Actions then which proceed XVil.
from, and are diredled by the Underjlandingyoluptary
and the WilU have particularly this natural Pro- -^^^^^^^
A ^1 ^ ^1 i_ • ^ ^ J 1 imputable,
priety, * that they may be imputed to the if^^ >j.
Doer ; that is, that a Man may juilly be faid 1. i. c» 5.
to be the Author of them, and be oblig'd to § 5.
render an Account of fuch his Doing •, and the
Confequences thereof, whether good or bad, are
chargeable upon him. For there can be no
truer Reafon why any A6lion fhould be imputa-
* L. N. N. /. 1. c, 5. $. 5. Splclleg, Jar, Nat. $.12.
In Erid, Scandic, Page 345,
hie
14 The Whole Duty of Man ^ Book I.
hie to a Man, than that he did it either mediate-
ly or immediately knowingly and willingly ; or
that it was in his Power to have done the
the fame or to have let it alone. Hence it ob-
tains as the prime Axiom in Matters of Morality
which are liable to the Human Forum : That
every Man is accountable for all fuch AElions^ the
Performance or Omijjion of which were in his ow^
Choice. Or, which is tantamount, That every
AElion that lies within a Man's Power to -perform
or omity is chargeable upon him who might or might
Tiot have done it. So on the contrary, no Man
can be reputed the Author of that A5iion^ which
72c?ither in it felf 7wr in its caufe^ was in his
Power.
XVIII.. From thefe Premifles we fliall deduce fome
Comluft' particular Propofttions, by which ihall be afcer-
ons from ^-^ipj»(]^ y^.[^^i- every Man ought to be accountable
mHfes ' f^^ > ^^' ^" Other Words, which are thofe Ac-
tions and Confequences of which any one is to be
charged as Author.
The firjh NoN£ ^ thofc A5iions which are done by am-
Conclufi- ther Man, nor any Operation of whatfoever other
^. L. N. |-|^ipgs . neither any Accident, can be imputable
c. '< \ 6 ^^ ^'^^y Ferfon., but fo far forth as it was in his
Power, or as he was oblig'd to guide fuch A5fion,
For nothing is more common in the World,
than to fubje^l the Doings of one Man to the
Manage and Diredion of another. Here then,
if any thing be perpetrated by one, which had
not been done, ' if the other had performed his
Duty and exerted his Power •, this Adtion Dial!
not only be chargeable upon him who immedi-
ately did the Fadl, but upon the other alfo who
negleEled to make ufe of his Authority and Power,
And yet this is to be underftood with fome re-
ftridion »
chap. I. according to the Law of Nature, i y
ftridlion •, fo as that Poffihiltty may be taken
morally y and in a large Senfe. For no Subje^ion
can be fo ftri5fy as to extinguifli all manner of
Liberty in the Perfon fabjeded •, but fo, that 'twill
be in his Power to refift and a6l quite contrary
to the Dire6lion of his Superior •, neither will the
State o^ Human Nature bear, that any one fhould
be perpetually affix'd to the fide of another, {o
as to obferve all his Motions. Therefore when
a Superiour has done every thing that was re-
i^uir'd by the Rules of his Dire^orjhip, and yet
fomewhat is afted amifs, this fhall be laid only
to the charge o^bim that did it. Thus, whereas
Man exercifes Dominion over other Animals,
what is done by them to the detriment of ano-
ther, (hall be charged upon the Owner y as fup-
pofing him to have been wanting of due Care
and Circumfpe^ion. So alfo all thofe Mifchiefs
which are brought upon another, may be impii-
ted to that Perfon, who when he could and ought ,
yet did not take out of the way the Caufe and
Occafion thereof. Accordingly it being in the
Power of Men to promote or fufpend the Operati-
ons of many Natural Agents^ whatfoever Ad-
vantage or Damage is wrought by thele, they
Ihall be accountable for, by whofe application
or negle^ the fame was occafion'd.' Befide, fome-
times there are extraordinary Cafes, when a Man
fhall be charged with fuch Events as are above
human Dire6lion, as when God fhall do particu-
lar JVorks with regard to iome fingle Perfon. [So
the Peililence in Ifrael may be charg'd upon
David for numbring the People •, 2 Sam. xxiv.
or the three Year's Drought to the Prayers of
Elijah, I Kings xvii. and the like.] Thefe and
fuch
i6 Tbe Whole Duty cf Man^ Book I.
fuch Cafes" being excepted, no Man is refponfihle
hut for his own Anions.
XIX. WHA'tSOEVER Qualifications a Man
The fe- has or has not ^ which it is not in his Power to exert
cond Con- q^ not to exert^ muft not he imputed to him^ unlefs fo
1 "N *N f^^ ^^ ^^ ^^ wanting in Induftry tofupplyfuch Natu-
i/i. c. c! ^^^ Defe^^ or does not roufe up his native Faculties,
^ 7. So, becaufe no man can give himfelf an Acute-
nefs o^ Judgment and Strength of Body ; there-
fore no one is to be Nam'' d for Want of either, or
commended for having them, except fo far as he
improv^d^ or negkoted the cultivating thereof.
Thus Clownijhnejs is not blameable in a Ruftic,
but in a Courtier or Citizen, And hence it is,
that thofe Reproaches are to be judg'd extreme-
ly abfurd, which are grounded upon Qualities,
the Caufes of which are not in our Power, as.
Short Stature^ a deform' d Countenance^ and the
like.
XX. Farther, JVe are not chargeable for thofe
7heThird Things^ which we do thro* Invincihle Ignorance,
Conciuji' Becaufe we have nothing but the Light of our
on. J- ^' Underftanding to dire6l our Adlions by ; and
c. 5. § 10 J^'^ this cafe it is fuppofed chat the Agent neither
had, nor pojfihly could have, this Light for his
Direction at that time, and that it was not his
own Fault that made knot pojjible for him then to
come at proper Knowledge. When we fay not
pqffible for him to know, we muft be underftood
in a Moral not a Phyfical Senfe *, that is, it was
not pofTible to come to this Knowledge by the
ufual and common Means, by ufmg his beft
Care and Attention^ and by giving fuch Diligence^
Precaution^ and Circumfpe^ion, as in all reafon
may be thought fufRcient for the attaining fuch
Knowledge.
Ignorance
Chap* I. according to the Law of Nature. 1 7
Ignorance of a Man's D^/j, or of thofe Laws XXI.
from whence his Duty arifes, or Error about ei- The fourth
ther of them, does not e^cufe from blame. For ^o"cii*fi'
whofoever impofes Laws and Services^ is wont ^"'
and ought to take care that the Subjc6l have no-
tice thereof And thefe Laws and Rules of Duty-
general ly are and fhould be order'd to the Capa- 1
city of fuch SuhjeB^ if they are fuch as he is obli- I
ged to know and remember. Hence, he who is
the Caufe of the Ignorance fliall be bound to an-
fwer for t\\o(t Actions which are theEfFedls thereof.
H E who, not by his own fault, wants an Op- xxil
portunity of doing his Buty^ fhall not be accoun- 7he fifth
table, becaufe he has not done it. An Opportu- Ocnchfi-
nity of doing our Duty comprehends thefe four °^'
requifite Condidons : i . That an Ohjeut of Ac-
tion be ready : 2. That a proper Flace be had,
where we may not be hindred by others, nor re-
ceive any Mifchief : 3. That we have a fit
Time^ when Bufinefs of greater NecefTity is not
to be done, and which is equally feafonable for
thofe Perfons who are to concur with us in the
Adiion : and 4. Laftly, That we have natural
Force fujjicient for the performancer. For fince
an Adiion cannot be atchiev'd without thefe,
'twould be abfurd to blame a Man for not act-
ing, when he had not an Opportunity fo to do.
Thus, a Phyfician cannot be accus'd of Slotl\
when no body is fick to employ him. Thus, no
Man can be liberal, who wants himfelf Thus
he cannot be reprov'd for burying his Talent
who having taken a due care to fet him-
felf in an ufeful Station, has yet mifs'd of it :
tho* it be faid, * Tp whom much is given^ from
* The Words of our BlefTed Saviour, Lptc. xii. 48,
C him
i8 The Whole Duty of Man, Book t
him 7nuch Jhall he required. * Thus we cannot
blow and fup all at once.
XXTII. Js^o Man is accoun table /i?r not doing that which
Theftxth exceeded his Power ^ and which he had not
^onc Hjt- ^lygr^gijjjiijjlcient to hinder or accomplijh. Hence
L.' N. N. that Maxim, 'To ImpoJpMities there lies no Oh^
1. I. c. 5. ligation. But this Exception muft be added,
$ 8. Provided, that by the Perfon's own Fault he
has not impaired^ or loft that Strength which
was neceffary to the Performance ; for if fo,
he is to be treated after the fime manner, as
if he had all that Power v/hich he 7night have
had : Otherwife it would be eafie to elude the
Performance of any difficult Obligation, by
weakening one's felf on purpofe.
XXIV. Neither can thofe things be imputahl^^
7he [e- ^\{y^ one acts or fuffers by Compulfion, For
^^lulon ""' ^^ ^^ fappofed, that 'twas above his power to
L. N. N decline or avoid fuch doing or fuffering. But
1 I. c. 5. we are faid after a twofold manner to be com-
$ 9' pell'd ', one way is, when another that's ftronger
than us violently forces our Members to do or
endure fomewhat ; the other, i" when one
more powerful Ihall threaten fome grievous
Mif-
* Our Author, who frequently makes ufe of Plautus^
does without doubt in this place allude to the MoJieU
laria^AB. 3. Sc z. v, 104, 105.
Simul jlare forherdciue haud facile
'Eft : eiro hie ejfe & iWc ftmul haud potut.
t The Author feems here to give too great aa Allow-
ance to this fecond fort of Compuljion. It muft indeed
be owned, that it greatly leflcns the Offence, efpecially
in Courts of Human Judicature i but then it frees us
not from Imputation intirely in the Sight of God. The
Example our Author gives of the Sword or Ax reaches
not the Cafe, for they are Infiruments meerly paflive :
But
chap. I. according to the Law of Nature, i ^
Mlfchief (which he is immediately able to
bring upon us) unlefs we will, as of our own
accord, apply our.felves to the doing of this,
or abftain from doing that. For in thefe cafes
unlefs we are e^prefsly obliged to take the Mif-
chief to our felves which was to be done to ano-
ther, he that fets us under this Neceffity^ is to
be reputed the Author of the Fad ; and the
fame is no more chargeable upon us, than a
Murder is upon the Sword or Ax which was
the Infiruimnt.
But on the other hand, a Perfon who is no other ways
forced but by the Menaces of feme great Mifchief, with-
out any phyfical or irrefiftible Violence, ads with fome
degree of Willingncfj, and gives a fort of a Concur-
rence to an Adlion which he plainly know? to be ill,
when he is thus conftrained to do it. There is but one
Cafe wherein, with a fafe Confcience, we may obey
the injurious Orders of a Superior, in order to avoid
the Mifchiefs he menaces us with in cafe of a Refufal ;
and that is, when the Perfon, on whom the Mifchief
is to fall by our Compliance with the injurious Orders
of a Superior, does himfelf confent that we Ihould avoid
the Mifchief threatned to us, by doing the Adion com-
manded, altho' it be injurious to him, and rather con-
tents himfelf to fufFer fuch Injury, than to expofe us
to the Violence of the Perfon menacing : But this alio
muft be underflood only of fuch Cafes as the Perfon has
it in his Power to give Confent, namely, when the In-
jury he confents to fufter is the Violation only of fuch
a Right as is in the power of the fuifering Perfon to
quit ; otherwife this Cafe holds not good ; for ihould
any one, for example, xonfent that I ihould aft the
Command of another to kill him, fuch confent would
not acquit me of the Guilt of Murder, ihould I by the
Menaces of any one be conftrained to take away his
Life. See L. N. N, lib. I. cap, V. ^ 9. £?» lib, Vlll.
ca-j^* 1. § 6.
C 2 The
20 The WboJe Duty of Man ^ Book I.
XXV. The Adions of thofe who want the Ufe of
Theeighth thur Reafon arc not imputable; becaufe they
Conchft' cannot diftingiiilh clearly what they do, and
bring it to the Rule. Hitherto appertain the
Adions of Children^ before their reafoning
Faculties begin to exert them fclves. For though
they are now and then chid or whipt for what
they do •, yet it is not from hence to be con-
cluded, that their A6lions are really Crimes,
or that in flridnefs they deferve this punifhment
for them •, which they receive not as from
Juftice, but in Prudence to prevent their grow-
ing troublefome to odiers, and left they con-
trad ill Habits in themfelves when they are lit-
tle, and fo keep them when diey are grown
up. So alfo the Doings of Frantich^ Crack-
hrains^ and Dotards are not accounted Human
AtVions^ nor hnptitahle to thofe who contracted
fuch incapacitating Difeafe, without any fault
of" their own.
XXVI. Lastly, A Man is not chargeable with
Jhe ninth what hc fcems to do in his Dreams \ unlefs by
on'ii^ fA/^^/^i«^ himfelf in the Day-time with idle
i^\ \\ ,] Thoughts, he has deeply imprefifed t\it Ideas
c. $ $ II. of fuch Things in his Mind *, (tho' Matters of
this Sort can rarely be within the Cognizance
of the Human Forum.) For indeed the Fanfie
in Sleep is like a Boat adrift without a Guide ;
fo that 'ds impoftible for any Man to order what
Ideas it fhall form.
XXVIT. But concerning the Imputation of another
Imputatl' Man's Adions, it is fomewhat more diftindly
T ^"^ ^Ac' ^^ ^^ obferv'd, that fomedmes it may lb hap-
tions, L. P^"> ^^^^ ^^ Adion ought not at all to be
N.N 1., I. charged upon him that immediately did it, but
c« 5' $ H-upon another who made ufe of this only as an
Injiru-
Chap. I. according to the Law of Nature. 2 1
Inflrument.- Bat it is more frequent, that it
fhould be imputed both to hirn who perpetrated
the tiling, and to the other ^ who by doing or
omitting fomething, fhew'd his concurrence to the
A6lion. And this is chiefly done after a three-
fold manner •, either, i. As the other was the
principal Caufe of the A6i:ion, and this kfs prin-
cipal. Or, 2. As they were both ^^W/v con-
cern'd. Or, 3. As the other was lefs principal^
and he that did the A61 was principal. To the
firfl Sort belong thofe who fhall infligate another
to any thing by their Authority -, tliofe who
fhall give their neceffary Approbation^ without
which the other could not have aded •, thofe
who could and ought to have hinJred it, but
did not. To the fecond Clafs appertain, thofe
who order fuch a thing to be done, or hire a
Man to do it •, thofe who afftft •, thofe who af-
ford harbour and protetlion \ thofe who had it in
their Power ^ and whofe T)uty it was to have fuc-
cour'd the wronged Perfon, but refus*d it. To
the third Sort are refer'd fuch as are of * counfel l. n. N
to the D^fign \ "f thofe that encourage and corn- 1 i. c. 5!
mend ^ *♦•
* That is, when, for example, a Man advifes ano.
ther tolleal this or that thing, fliewing him at the fame
time the properefl Manner to take it without difcovery,
the favouiableft Time of conveying hinifclf into the
Houfe where it is, the Place where the thing is rcpofited,
the beft Way of getting off with it, and. the like Parti-
culars ; bur this is not meant ef (imply advifing any one
in general terms to fieal f>r his Support rather th^ni
Harve. L, 2V^. 2^. hh, \. cap. V. $ 14.
t That is, provided this Advice, thefc Encouragements
and Commendations contribute to make him do the cri-
minal Ad , fir in fuch cafe only tlie Imputation lies ;
otherwife the Perfon thus c •unfelling and encouraging is
C 3 only
22 The Whole Duty of Man^ Book L
mmA the Fa6t before it be done ; and fuch as
incite Men to finning by their Exam^le^ and the
like.
only guilty of the ill Intention which he had. Vih, III.
Chap. II.
0/ tin Rule of Human J^ions^ or
of Laws in general 3 and the dif^
ferent Qual'tfcations of thofe AEiions.
I. 'Tj E c A u s E all Human Anions depending
The Ne- Jjupon the Will^ have their Eftimate accord-
cejftty of a j^^g ^^ ^}^^ concurrence thereof •, but the Will of
* *• every Perfon not only differs in many refpe6ls
from that of all others, but alfo alters and
changes it felf, becoming different in the fame
Perfon at one time from what it was before at
another *, therefore to preferve Decency and
Order among Mankind, it was necefiary there
L. N. N, fhould be fome Rule^ by which they fhould
• ^* *^* '• be regulated. For otherwife, if, where there
is fo great a Liberty of the IVilU and fuch Vari-
ety of Inclinations and Defires^ any Man might
do whatfoever he had a mind to, without any
regard to jbme Jlated Rule^ it could not but
give occadon to vaft Confufiojts among Man-
kind,
Chap. II. according to the Law of Nature. 2 3
This Rule is call'd Law ; which is, * A n.
Decree by which the Superior obliges one that is ~"''^' ^*'
fubje5l to him^ to accommodate his A5lions to thc^^ ^^^ j^^
DireSlions pre/crib' d therein. 1. i. c. 6,
That this Definition may the better be § 4-
underftood, it muft firft be enquired. What is q,!-^^' .,
an Obligation •, whence is its Original ; who ^„ \ j^
is capable of lying under an Obligation •, and N. 1. i
who it is that can impofe it. By Obligation then c. 6. § 5.
is ufually meant, A ?noral Bond, whereby we are
ifd down to do this or that, or to abftain fro?n do-
ing them. That is, hereby a kind of a Moral
Bridle is put upon our Liberty •, fo that though
the Will does adually drive another way, yet
we find our felves hereby ftruck as it were with
an internal Senfe, that if our A6lion be not
perform'd according to the prefcript Rule, we
cannot but confefs we have not done right ; and
if any Mifchief happen to us upon that Account,
we may fairly charge our felves with the lame ;
becaufe it might have been avoided, if the
Rule had been follow'd as it ought.
And there are two Reafons why Man fhould IV.
be fubjedt to an Obligation ; one is, becaufe ^^^ ^^'
he is endow'd with a mil, which may be di^l^.l^^J.
vers ways dire^ed, and fo be conform'' d to ^ gedl^
Rule : the other, becaufe Man is not exempt L. *N. N.
from the Power of a Superior. For where the ^. »• c. 6.
Faculties of any Agent are by Nature form'd ^ ^'
only for one Way of ading, there 'tis to^no
purpofe to expe6l any thing to be done of choice :
and to fuch a Creature 'tis in/Vain to prefcribe
* On this Head confuk H. Grotlus de yure BeJVt &*
Pads, I, I. c. i^§ g,
C 4 any
'^4 "The Whole Duty of Man^ Book I.
any Rule ; becauie 'tis uncapable of underftand-
ing the fame, or conformhig its A6lions thereto.
Again, if there be any one v/ho has no Superior^
then there is no Power that can of right impofe
a NecefTity upon him •, and if he perpetually
obferves a certain Rule in what he does, and
conftantly abftains from doing many things, he
is not to be underftood to ad: thus from any
Obligation that lies upon him^ but from his own
good pleafure. It will follow then, for any one
to be capable of lying under Obligation, it is
necefiary, that on the one hand he have a
Superior^ and on the other, that he be both
capable of underftanding the Rule prefcrib'd
him by his Superior, and alfo enduM with a
Win which may be direuled feveral ways ; and
yet which (when the Law is promulged by his
Superior) knows he cannot rightly depart there-
from. And with all thefe Faculties^ 'tis plain,
Mankind is furnilh'd.
V, An Obligation is fuperinduced upon the Will
Who can Qf ^f[Qx^ properly by a Superior \ that is, not on-
L '"^N N ^y ^y ^^^^^ ^ ^"^ ^^ htm^ greater or ftronger^
3/1. c. 6.' can puniih Gainfayers : but by him who has
§ 9, jufi Reafons to have a Power to reftrain the Li-
berty of our Will at his own Pleafure. Now
when any man has either of thefe, as foon as
he has fignify'd what he would have, it necef-
farily ilirs up, in the Mind of the party con-
qern'd. Fear mixt with Reverence •, the firft
arifes from the confideration of his Power, the
other proceeds from thofe Reafons on which the
Authority of our Superior is founded ; by which
we are convinced, that had we nothing to fear
from him, yet we ought to conform our Ac-
tions to his Will. For he that can give me no
other
Chap. II. according to the Law of Nature. 25
other Reafon for putting me under an Obligation
againft my Will, befide this, that he's too
ftrong for me, he truly may fo terrifie me, that
I may think it better to ohey him for a while
than fuffer a greater Evil : but when this Fear
is over, nothing any longer hinders, but that I
may a(5l after my own Choice and not his. On
the contrary, he that has nothing but Arguments
to prove that I Ihould obey him, but wants
Power to do me any Mifchief, if I deny : I
may with Impunity flight his Commands, ex-
cept one more potent take upon him to make
good his defpis'd Authority. Now the Rea-
fens upon which one Man may juftly exadt Sul-
je^ion from another, are two : Firft, if he
have been to the other the Original of fome
extraordinary Good •, and if it be plain, that
he defigns the others JVelfare^ and is able to
provide better for him than 'tis pofTible for
hijnfelf to do ; and on the fame Account does
adlually lay claim to th? Government of him :
Secondly, if any one does voluntarily furrender
his Liberty to another, and fubjedt himfelf to
his Diredlion.
Farthermore, that a Law may exert VT.
its Force in the Minds of thofe to whom it is'^^^^^S'/'
promulged, it is required, that both the Legif- ll^'^^^J'f^
• iator and the Law alfo he known. For no Man meaning
can pay Obedience, if he know not whom he of the
is to ohey., and what he is to perform. Now the ^'^'^ *'* **
Knowledge of tht Legiflator is very eafy ; b^-^^'^'^^
caufe from the Light of Reafon 'tis certain the 1 *|. c. 6.
fame muft be the Author of all the Laws of $14.
Nature^ who was the C?rator of the Univerfe :
Nor can any Man in Civil Society be ignorant
who it is that has Power over him. Then
for
%6 The Whole "Duty of Man, Book L
for the Laws of Nature^ it fliall be hereafter
declar'd how we come to the Knowledge of
them. And as to the Laws of a Man's Coun-
try or Cf/y, the Subjedl has notice given of them
by a Publication plainly and openly made. In
which thefe two Things ought to be afcertain'd,
that the Author of the Law is he, who hath
the fupreme Authority in the Community ; and
that this or that is the true Meaning of the Law,
The Firft of thefe is known, if he fhall pro-
mulge the Law with his own Mouthy or deli-
ver it under his own Hand -, or elfe if the fame
be done by fuch as are delegated to that purpofe
by him, whofe Authority there is no Reafon to
call in queftion, if it be manifeft, that fuch their
adling belongs to that Office they bear in the
Publick, and that they are regularly placed in
the Adminiftration thereof ; if thefe Laws are
brought in ufe at judicial Proceedings, and if
they contain nothing derogatory to the Sove-
reign^^ Power. That the Latter^ that is, the
the true Senfe of the Law may be known, it
is the Duty of thofe who promulge it, in fo
doing to ufe the greateft Perfpicuity and Plain-
7iefs •, and if any thing ohfcure do occur therein,
an Explanation is to be fought of the Legiflator^
or of thofe who are puhlickly conjlituted to give
judgment according to the Laws.
Yjl Of every perfeB Law there are two Parts :
Tnvo farts One, [Precept] whereby ft is diredled what is
of a Der- to be done or omitted : the other, [the Sandion]
^\^ 'K^'^' "therein is declared what Punijhment he fhall in-
1.* I. c. 6, ^^^' ^^^ negleEls to do what is commanded,
514. ' 'or attempts that which is prohibited. For as,
through the Pravity of Human Nature ever
inclining to things forbidden, it is to no pur-
pofe
Chap. IL according to the Law of Nature. 27
pofe to fay, "Do this^ if no Punifhment fhall
be undergone by him who difbbeys •, fo it
were ahfurd to fay, Tou fiall he punijlfd^ ex-
cept fome Caufe preceeded, by which a Punifh-
ment was deferv'd. Thus then all the force of
a Law confifts in fignifying what the Superior
requires ov forbids to be done, and what Puniflj--
merit fhall be inflided upon the Violators. But
the Power of obliging, that is, of impofmg an
intrinfick NecefTity -, and the Power of forcings
or, by the propofal of Punifhments compelling
the Obfervation of Laws, is properly in the
Legiflator, and in him to whom the Guardian-
Ihip and Execution of the Laws is committed.
Whatsoever is enjoyn'd by any Law, VIIT.
ought not only to be in the Power of him to ^t o»g^f
perform on whom the Injundion is laid, but it '^ ''"J*
ought to contain fomewhat advantagious either ^^" ^
to him or others. For as it would be abfurd and pjfibleand
cruel to exadl the doing of any thing from ano- benefcial.
ther, under a Penalty, which it is and always
was beyond his Power to perform ; fo it would
be filly and to nopurpofe to put a Reftraint upon
the natural Liberty of the Will of any man, if
no one fhall receive any Benefit therefrom.
But though a Law does ftridly include all ix,
the Subje^s of the Legiflator who are concerned Pouer of
in the Matter of the fame, and whom the ^(/'/'*»-
fame Legiflator at firfl intended not to be ex- ^'^ ^^
empted : yet fometimes it happens that particu- 1/ 1. c. 6*
lar perfons may be clear'd of any obligation to $ 17.
fuch Law : and this is call'd Difpenfing. But
as he only may difpenfe, in whqfe Power it is to
make and abrogate the Law -, * fo great Care is
* Sec Grotius de Jure B$Ui & PaciSy Jj. z, c, 20»
to.
28 The Whole Duty of Man, Book I.
to be taken, left by too frequent Difpenfations,
and fuch as are granted without very weighty
Reafons, the Authority of the Law be lliaken,
and occafion be given of Envy and Animofities
among Subjects.
X. Yet there is a great Difference between Equi-
Equity, ty and Difpenft?ig : Equity being a CorreBion of
L. N. N. ^^^^ lyj^ which the Law^ by reafan of its General
J ^' ^' ' Comprchenfwft, was deficient : or an apt Interpre-
tation of the Law, by which it is demonftra-
ted, that there may be fome peculiar Cafe
which is not compriz'd in the Univerfal Law^
becaufe if it were, fome Abfurdity wouki fol-
low. For it being impoITible that all Cafes^
by Reafon of their infinite Variety^ fhould be
either forefeen or explicidy provided for j there-
fore the Judges^ whofe Office it is to apply the
general Rules of the Laws to fpecial Cafes,
ought to except fuch from the Influence of
them, * as the Lawgiver himfelf would have
excepted if he were prefent^ or had forefeen fuch
Cafes,
"XT. Now the Adions of Men obtain certain
ABions Qualides and Denominations from their relation
^oT^^d'^^ and agreement with the Law ofMorahty.
f^^ ^" And all thofe A6lions, concerning which the
L, N, N. Law has determin'd nothing on either fide,
^' I c, 7. are calPd allowable^ [indifferent] or permitted,
5 *' H^re we may obferve, that in Civil Life,
where it is impolTible to come to perfe6t Exad-
nefs in all points, even t thofe things are faid
* S^c Groiius de Jure Belli & Tacls^ L. 2 9- 20,
SeH^ t6y 17.
4^ See Gyotius 4e Jure BdJi & Facis, Lib. 5. cap 4.
to
Chap. 11. according to the Law of Nature, ig
to be allowable^ upon which the Law has not
afllgn'd fome Tumjhment^ though they are in
themfelves repugnant to Natural Honefty,
We call thofe Anions which are confonant to
the Law good^ and thofe that are contrary to
it had: Bit that any Adlion ihould be gcod^
'tis requifite, that it be exadly agreeable in
every * point to the Law ; whereas it may be
evil if it be deficient in one Point only.
As for Juftice^ it is lometimes the Attribute XTT.
of Anions ^ fometimes of Perfons, When it is yufike ef
attributed to Perfons^ 'tis ufually defin'd to be, P^^fo^'-
A conflant and perpetual Defire of giving every I' ^' ^'
one their own. For he is called a jujl Man, g'e,* ^*
who is delighted in doing righteous Things,
who ftudies Juftice, and in all his Adions en-
deavours to do that which is right. On the
other fide, the unjufl Man is he that negleds
the giving every Man his own, or, if he does.
* The Points here fpoken of mean the Quality, or the
Intention of the Agent i the ObjeH^ the End purfued
thereby, and other like Circum/.tances of the Adion.
Thus, though an Adion may in every refpeft anlwer
the Diredion of the Law, it may be neverthelefs charged
on the Doer as a bad Adion, efpccially in the Sight of
Cod, not only when it was done upon an ill Principle
with a vitious Intention, but alfo when it was done
through Ignorance, or on fome other Motive different
from what the Law prefcribes, I fay it may be account-
ed a bad Adion in the Sight of God', for the outward
Obedience of the Laws fufRciently anfwering the Ends
of Civil Society, which is the Aim only of Politick Le-
gillators, they never concern themfelves with the Inten-
tion of the Agent, whether it be juft or unjuft, pro-
vided the External Ad has nothing in it but what is
conformable to the Law. SeQ L. N. N, L, I. Cap. VI*.
S 3, 4. and Lib, I. Cap. VIII. § 2, 3.
•tis
3 o The Whole Duty of Man^ Book 1*'
*tis not becaule 'tis due, but from expe6latioii
of Advantage to himfelf So that a ]iiji Man
may fometimes do unjuft Things, and an un-
juft Man that which is juft. But the Juft does
that which is right, becaufe he is fo command-
ed by the Law ; and nev^r commits any un-
juft A6ts but only through Infirmity ; whereas
the wicked Man does a juft Thing for fear
of the Piinijhment which is the San6lion of the
Command, but fuch unjuft A6ts as he commits
proceed from the Naughtinefs of his Heart. .
XTII. But the Jiiftice of A5lions not only con-
Of ABi' fifts in their due Conformity to Law, but it
"w-f' includes in it likewife a right Application of
L. N. N. ^i^gj^ ^Q ^j^Q(-g Pei-fons to whom the Adion is
§ 7.* ^ pei'form'd : So that we apprehend that A^ion
to be jiill^ which, with full Defign and Inten-
tion, is apply'd to the Perfon to whom it is
due. Herein therefore the Jufi'tce of A6lions
differs from their Goodnefs chiefly, that the
latter fimply denotes an Agreement with the
Law ; whereas Juflice alfo includes the Re-
gard they have to thofe * Peffons upon whom
* Good Anions might have been more properly difiin-
guifhed with refped to the three Objeds they may have >
which are, GOD, our Neighbour, and our felves. (fee
§ 13. of the following Chapter.) Such good Adions, as
have G O D for their Obje46, 5ii $4-
D 2 Wild
36 The Whole Duty of Man ^ Book I.
Wild Beafi. It miift then follow, that what-
fosver Advantages accompany Human Life,
' are all owing to that mutual Help Men afford
one another. So that, next to Divine Provi-
dence^ there is nothing in the world more bene-
ficial to Mankind than Men themfelves.
IV. And yet, as ufeful as this Creature is, or
^^en to niay be, to others of its kind, it has many
Men inch- y^^^\^c, and is capable of being; eqiialh noxious *,
do hurt, wjiich renders mutual Society between Man and
L. N. N. Man not a litde dangerous, and makes grent
1. 2. c. I. Caution neceffary to be ufed therein, left Mif-
^ ^ ^* ^* chief accrue from it inftead of Good. In the
* * ^ ^* firft place, a ftronger Proclivity to injure ano-
ther is obferv'd to be generally in Man., than in
any of the Brutes •, for they feldom grow out-
ragious, but through Hunger or Lujl., both
which App.^tites are fitisfi'd without much
Pains •, and that done, they are not apt to grow
- furious, or to hurt their Fellovz-Creatures, with-
out fome Provocation. Whereas Man is an
Animal always prone to Lujl., by which he is
much more frequently inftigated, than feems to
be neceffary to the Conferv^ation of his Kind.
His Stomach alfo is not only to ht fatisfied., but
to be pleafcd ; and it often dcfu'es more than.-^
Nature can well digeft. As for Raiment., Na-
ture has taken Care of the reft of the Creatures
that they don't want any : l^v\X. Men require not
only fuch as will anfwer their Neccjpity^ but their
Pride and OJlentation. Befide thdt., there are
many Paffwns and Appetites unknown to the
Brutes., which are yet to be found in Mankind \
as, an unreafonable Defire of poffeffing much
7)iore than is neceffary., an earned purfuit after
Glory and Pre-etninence *, Envy^ Emulation^ and
Out'
Ch. III. according to the Law of Nature. 3 7
Outvyings of Wir. A Proof hereof is, that
mod of the Wars with which Mankind is har-
rafs'd, are rais'd for Caufes altogether unknown
• to the Brutes. Now all thefe are able to pro-
voke Men to hurt one another, and they fre-
quently do fo. Hereto may be added the great
Arrogance that is in many Men, and Defire of
infidting OYtv others, which cannot butexafperate
even thofe who are naturally meek enough ;
and from a Care of prefcrving themfelves and
their Liberty, excite them to make Ilefiilance.
Sometimes alfo JVant fets Men together by the
Ears, or becaufe that Store of Neceflaries which
they have at prefent feems noi fnficient for their
Needs or Appetites.
Moreover, Men are more ahle to do one v.
another Harm than Brutes are. For tho' they And very
don't look formidable with teeth^ Claws, or '^^P^^le
Horns, as many o^ them do *, yet the AtJivity of-' '^'
their Hands renders them very effectual Inftru-
ments of Mifchief •, and then the Quick nefs of
their Wit gives them Craft, and a Capacity of
attempting that by Treachery which cannot be
done by open Force. So that *tis very eafie for
one Man to bring upon another the greafeft of
all Natural Evils, to wit. Death itfelf
Bbside all this, it is to be confider'd, that vr.
among Men xhtxz is a vail Drj^?2///)? of Difpo- And likely
fitions, which is not to be found among Brutes •,/" ^^ ''^•
for among Brutes, all of the fame Kind have the j * ^ '
like Inclinations, and are led by the fame inward j ^J
Motions and Appetites : Whereas among Men.,
there are fo many Minds as there are Heads ^
and every one has his fingidar Opinion ; nor are
they all a(5led with fimple and uniform Defires,
but with fuch as are manifold and varioufly ?nixt
D 3 together.
38 The whole Duty of Man ^ Book L
toge her. Nay, one and the fame Man fhall be
often feen to differ from himfelf^ and to defire
that at one Time which at another he extremely
abhorred. Nor is the Variety lefs difcernable,
which is now to be found in the almoft infinite*
Ways of Hving, of direding our Studies, or
Courfe of Life, and our Methods of making ufe
of our Wits. Now, that by Occafion hereof
Men may not dafh againft one another, there is
need of ^ife Limitations and careful Manage-
ment.
VII. So then Man is an Animal very defirous of
The Sum his own Prefervation ; of hi?nfelf liable to many
of the fore- j^^nts \ undble to Support himfelf without the
\Tfath7 ^^^P ^^ ^^^^^ ofhis Kind •, and yet wonderfully
fit in Society to promote a common Good : But
then he is malicious^ tnfolent^ and eafily frovok'd^
and not lefs prone to do Mifchief to his Fellow
than he is capable of effeding it. Whence this
muft be inferr'd, that in order to his Preferva-
tion, 'tis abfolutely neceflary, that he htfociabley
that is, that he jw/ with thofe of his Kind, an<^
that he fo behave himfelf towards them., that
they may have no juftifiable Caufe to do him
Harm., but rather to promote and fecure to
him all his Intereils.
VIII. The Rules then of this Fellowfhip, which
taiu Na- 2.rt the Laws of Human Society., whereby Men
iuraj di' ^^^ diredted how to render themfclves ufeful
^^ ' Members thereof, and without which it falls
to pieces, are called the Lazi^s of Nature.
IX. F F o M What has been faid, it appears,
-3^^ Pacts in Prole^^omems
pajpm. L N. N" /. 2. c. 9. ^ 14. fecf. Element. J-h^
rijpr. univerfal. I. 2. pb/erft/ 14. Erif. Scandic. Apol p,
465 7s. Specim. Controverf, c. 4. p. 2^\fecju. Spiclleg.
Jur. Nat. c. I. $ 14. p. 5^8 A^. c, 1, §%. p 06. c. 3.
§ 13. p. 389./?^. Venet. Lipfienf. puV. p n. ^p^Jftm.
t Grotius de Jun Belli &" PaciSy Lib, 1. Cap. i.
§ 10.
D 4 the
'40 The Vf^oJe Duty of Man, Book I.
the Conftitution of which a Superior is necefia-
ry to be fuppofed, and Ibat fuch a one as
has aclually undertaken the Government of the
other.
XI. But, that God is the Author of the Law of
God the J^ature^ is thus demonflrated (confidering Man-
fh* Law ^^^"^^ only in its jCr. 40. Bp'ifi* a 4 Amico^t ■
from
42 The Whole Duty of Man^ Book I.
from our Childhood had a Senfe hereof inftilPd
into us, together with other Learning in the
ufual Methods of Education, and yet not be-
ing able to remember the punBual time when
firft they took hold of our Underftanding and
polTefs'd our Minds ; we can have no other
opinion of our knowledge of this Law •, but
that it was connate to our Beings, or born to-
gether and at the fame time with our felves.
The Cafe being the fame with every Man in
learning his Mother 'Tongue,
XIII. Those Z)// to, which from the Law of
I)iz;i//o?7 of Nature are incumbent upon Man, feem molt
Natural j^p^jy |-q j-^g divided according to the OhjeBs a-
L^n/n. ^^^^^ which they are converfant. With regard
1. 2. c. 3. to which they are ranged under three princi-
$ 24. pal Heads ; the frft of which gi ves us Dire6li-
ons how by the fingle Didates of right Rea-
fon Man ought to behave himfelf towards God •,
the fecond contains our Duty towards our felevs ;
and the third that towards other Men. But
though thofe Precepts of the Law Natural,
which have a relation to othor Men, may
primarily and dired:ly be derived from that
Sociality, which we have laid down as a
Foundation *, yet even the Duties alfo of
Man tov/ards God may be * indiredly deduc'd
from
* But tbefe Duties, as well as thofe which regard our
felves, have another more immediate and direft Founda-
tion, which makes part of the general Principles of the
Law of Nature. For it is not neceflary that all thofe
Duties, the NecefTity and Reafonablenefs of which may
be colleded from the Light of Reafon only, fhould be
deduced from this ©ne Fundamental Maxim. It may
more jufily be faid, that there are three grand Principles
of
Ch. III. according to the Law of Nature* 43
from thence, upon this Account, that the
ftrongeft Obligation to mutual Duties between
Man and Man arifes from Religion and a Fear of
the Deity ; fo as that Man could not become a
Jociahle Creauire if he were not imbu'd with Re-
ligion ; and becaufe Reafon alone can go no far-
ther in Religion than as it is ufeful to promote
the common Tranquillity and Sociality or re-
ciprocal Union in this Life : For fo far forth
as Religion procures the Salvation of Souls, it
proceeds from peculiar Divine Revelation. But
the Duties a man owes to Him/elf ank jointly
from Religion^ and from the NecefTity of Society.
So that no Man is fo Lord of himfelf, but
that there are many things relating to Knnfelf^
which are not to be difpofed altogether accord-
ing to his Will ; pardy becaufe of the Obli-
gation he lies under of being a religious Adorer
of the Deity ^ and partly that he may keep
himfelf an ufeful and beneficial Member of So-
ciety,
of Natural Right, that is, RELIGION^ which com-
prehends all the Duties of Man towards God ; the
LOVE OF OUR SELVES, which contains all
thofe Duties which we are bound to do, with refpe^
only and diredly to our felves ; and SOClAB ILlTYy
from whence refuJts all that is due from us to our
Keighbour. Thefe are fruitful Principles, which, tho'
they have a great Affinity and Refped to each other, are
yet very different at the bottom, and ought wifely to be
confidered and regarded, fo that an equal and )uft Bal-
ance may, as much as polfible, be preferv*d becweeu
ihcffi. Sqp L. N. Nf lib, i, cap, 3. J 15,
Chap,
44 T^^ ^^ole 'Duty of Man^ Book I.
C H A P. IV.
of the Duty of Man towards G O D,
or, concerning Natural ^I'tgion.
I, 'T' H E Duty of Man towards God, fo far
Natural 1 as Can be difcover'd by Natural Reafon,
Reliporiy is comprehended in thefe two •, that we have
*// Farts. ^j,^g Notions concerning him, or know him a-
right ; and then that we conform all our Adi-
ons to his Will, or obey him as we ought.
And hence Natural Religion confifts of two
forts of Proportions, to wit, * "Tbeorelkal or
Speculative, and Pra5fkal or Adlive.
II. Amongst thofe Notions that every Man
'That Goi ought to have of God, t\\Q firji of all is, that
L N N ^^ fii'mly believe his Exijlence^ that is, that
I 2. c. 4* ^^^^^ ^^ indeed fome fupre?ne and frjl Beings
§ 3. ' upon whom this Univerfe depends. And this
has been mofl plainly demonltrated by learned
and wife Men from the Subordination of Cai^fes
to one another, which muft at laft be found
to have their Original in fomewhat that was
before them all ; from the necelTity of having
iifrjl Mover j from the Confideration of thi^
great Machin, the World, and from the like
Arguments. Which if any Man denies him-
* See Monf, Le Clerc's PneumatoJogia^ ^ 3, and
Monf. Bud£i4s's, Difcourfe, de Pietate Philo/ophica, be.
ing the fourth Difcourfe in his Selena Jma Natur^t &*
Gentium.
felf
Ch, IV, according to the Law of Nature. 45
lelf to be able to comprehend^ he is not there-
fore to be excus'd for his Atheifm. For all
Mankind having been perpetually, as it were,
pofleft of this Perfuafion, that Man who un-
dertakes to oppofe it, ought not only folidly
to confute all thofe Arguments that are brought
to frcn)e a God, but fhould advance Reafons
for his own Aflertion, which may be more
plaufthle than thofe. And fmce by diis Belief
of the Deity the Weal of Mankind may b^
fuppofed to have been hitherto prelerv'd, he
ought to fhew that Atheifm would better anf-
wer that End than fober Religion and the Wor-
fliip of God. Now feeing this can by no
means be done, the Wickednefs of thofe Men
who attempt any way to eradicate this Perfua-
fion out of the Minds of Men, is to be above
all things abominated, and reftrain'd by the
fevereft Punifhments.
The Second is, diat God is the Creator of m-
this Univerfe. For it being manifeft from Rea- ^^^ ^^^
fon, that none of thefe Things could exift of Jf^^^^fJ^
themfelves^ it is abfolutely neceffary that they l. N. N.*
fhould have fome fupreme Caufe ; which Caufe 1. 3. c 4.
is the very fame that we call God, ^ 4«
And hence it follows, that thofe Men are
cheated, who every now and then are putting
upon us Mature, forfooth, as the original
Caufe of all Things and Efiedts. For, if by
that Word they mean that Energy and Power of
ABing which we find in every Thing, this is
fo far from being of any force to prove there
is no Gody that it proves him to be the Author
of Nature it felf But if by Nature they would
have us underftand the Supreme Caufe of all
Things, this is only out of a profane Nicety
to
j^6 The whole Duty ofMan^ Book T.
to avoid the receiv'd and plain Appellation of
GoDi
Those alfo are in a great Error, who
believe that any thing can be God, which
is the Obje6l of our Senfes^ and particularly
the StarSy among the reft. For the Suhftance
of thele argues them all to derive their Beings
from fomewhat elfe, and not to be the firft
Things in Nature.
No R do they think lefs unworthily of God^
who call him the * Soul of the World. For
the Soul of the World, let them conceive of
it as they pleafe, muft fignifie a Part of the
World ; and how can a Part of a Thing be
the Caufe of it, that is, be fomething before
it felf ? But if by the Soul of the World, they
mean that firfl and invifihle Being., from which
all Things receive their Vigour, Life, and Mo-
tion, they only obtrude upon us an ohfcure
and figurative Expreflion for one that is flain
and obvious. From hence alfo it appears, that
the PForld did not exift from all Eternity •, this
being contrary to the Nature of that which
has a Caufe. And he that aflerts, that the
IForld is Eternal^ denies that it had any Caufi
of its being, and confequently denies God him-
lelf.
XY^ The Third is, that God governs the whole
God go- World, and particularly A/^«H;2^ *, which plain-
'oerns the Jy appears from the admirable and conftant
World, Order which is to be feen in this Univerfe ♦,
and 'tis to the fame moral Purpofe whether a
* See the Continuation of various Thoughts about Co»
metSy QPc, by Mr. Bayk,
Man
Ch. IV. according to the Law of Nature. 47
Man deny that God iSy or that he rules and
regards the Affairs of Men ; fince either of them
deftroy all Manner of Religion. For let him
be never fo excellent in himfelf, 'tis in vain to
fear or worlhip him, if he be altogerher re- t
gardlefs of us, and neither will nor can do us
either Good or Hurt.
The Fourth is, that no Attribute can he- v.
long to God^ which implies any manner of hn- God infi~
perfemon. For it would be abfurd, (He be- ^j^^O' /'^r
ing the Caufe and Source of all Things) for any^*
Creature of his to think it felf able to form a
notion of any Perfe5lion^ of which he is not
fully polTefl. Nay, His Perfe5lion infinitely
furmounting the Capacity of fo mean a Crea-
ture, it is moft reafonable to exprefs the fame
in negative rather than in pofttive Terms.
Hence nothing is to be attributed to God that
is finite or determinate \ becaufe what is finite
has always fomewhat that is greater than it
felf: And whatfbever is determinate^ or fub-
jedt to Figure and Form^ muft fuppofe Bounds
and Circumfcription : Neither can He be faid
to be difiinBly and fully comprehended or con-
ceiv'd in our Imagination, or by any Faculty
of our Souls •, becaule whatfoever we can com-
prehend fully and diftindlly in our Minds,
muft be Finite. And yet, when we pronounce
God to be Infinite., we are not to think we
have a full Notion of Flim ; for by the word
Infinite we denote nothing in the Thing it felf ;
but only declare the Impotence of our Under- ^
{landings, and we do, as it were, fay, that '
we are not able to comprehend the Greatnefs
of his EfTence. Hence alfo it is, that we can-
not rightly fay of God that he has any PartSy
as
48 The Whole Duty of Many Book L
as neither that He is All any thing ; for thefe
are Attributes of things finite •, nor that he is
contain'd in any Place^ for that denotes Limits
and Bounds ; nor that He mcves or refis^ for
both thofe fuppoie Him to be in a place : So
neither can any thing be properly attributed to
God which intimates Griefs or any Paffion^
fuch as Anger ^ Repentance^ Mercy. I fay -pro-
ferly \ becaufe when the infpir'd Writers fome-
times ufe fuch Expreflions, fpeaking of the
Almighty, they are not to be underftood in a
proper Senfe, but as accommodating their
I^anguage to the common Apprehenfions and
Capacities of Men ; fo that we are not to un-
derftand hereby that God receives the fime
Imprefiions from external Obje6ts that Man
receives, but only by way of fimilitude, as to
tlie Event or EffeEl \ thus God is faid to be
angry with, and to be offended at Sinners,
not that fuch PafTions or AfFedions can pofTibly
be in the Divine Nature, but becaufe he will
not fuffer thofe who break his Laws to go un-
punifh'd. Nor may we fay of Him ought
that denotes the Want or Abfence of any Good,
as Appetite^ Hope^ Concupifcence^ Defire of any
thing ; for thefe imply Indigence and confe-
quently Imperfe^ion •, it not being fuppolable
that one fhould defire, hope, or crave any thing
of which he does not (land in fome need. And
fo when Under/landing ^ Willy Knowledge^ and
ads of the Senfes, Seeing^ Hearings (^c. are
attributed to God, they are to be taken in a
much more fublime Senfe, than we conceive
them in our felves. For the Will in us is a
rational Defire ; but Defire, as it is faid afore,
prefuppofes the Want or Abfence of fomething
that
Ch. IV. according to the Law of Nature. 49
that is agreeable and neceflary. And Under-
ftandin^ and ^enfe imply fomc Operation upon
the Faculties of Man, Wrought by exterior
Objects upon the Organs of his Body and the
Powers of his Soul •, which being Signs of a
Power depending upon fom^ other Things de-
monftrate it not to be 7mji perfe^l.
Lastly, it is utterly repugnant to ihtG^dhut
Divine Perfeflion to fxy there are 7nore Gods ^'^«'
than one •, for, befide that the admirable Har-
mony of the World argues it to have but one
Governour, God would not be infinite^ if
there were more Gods of equal Power with
himfclf, and not depending upon Him *,
for it involves a Contradicllon to fiy, There
are many Infinites. Upon the whole then, 'tis
moft agreeable to Reafon, when we attempt
to exprefs the Attributes of God, either to
make ufe of Words of a Negative fignification^
as Infinite, Incomprehenfible, Immenfe, E-
ternal, t. e. which had no B. 'ginning nor fliall
have End •, or Superlative^ as mofl Excellent,
mod Powerful, moil Mighty, mofl: Wife, ^r.
or Indefinite^ as Good, Jaft, Creator, King,
Lord, &c. and this in luch a Senfe as we would
not think our felves to exprefs TFbat he is, but
only in fome fort to declare our Admiraticn of
Himj and profefs our Obedience to Him *, which
is a token of an humble Soul, and of a Mind
paying all the Veneration it is capable of.
The Propofitions of Practical Natural Re- yj.
ligion are partly fuch as concern the Internal^ hteyr;al
and pardy the External TVorjJjip of God, The y^o^Jh:p of
Internal Worfhip of God confifts in bcnouring ^°^'
Him. Now Honour is a high Opinion of a-
nothir's Power conjoyn'd v/ith Goodnjfs : And
E -: ; vthe^
^
5^ The U^oJe Duty of Man^ Book I.
the Mind of Man is obliged, from a Confide-
ration of this his Power and Goodnefs, to fill
it fch with all that Reverence towards him,
of wliich its Nature is fufceptible. Hence it is,
that it is our Duty to lo^je him, as the Author
and Beilower of a)] Manner of Good •, to hope
in liim, as from whom only all our Happi-
ncls for the future does ^depend ; to acquiefce in
his Will, he doing all things for the heft,
and giving us what is mod expedient for us *,
to fear him, as being moft powerful, and the
offending whom renders us liable to die greatefl
Evil •, Laflly, in all things moft humbly to o-
hey him, as our Creator, our Lord, and our
befl and greatefl Ruler.
VII. Th £ Exlernal Worjhip of God is chiefly
^i:""''j^''' fliewn in thefe Inflances :
Gcd ^' ^^ ^'■^^^ render 'fhanks to God for all
thofe manifold Blcjfings he has fo bountifully
beflow'd upon us.
2. W E mufl: conform, as far as we pofTibly
can, . all our A6lions to his Will •, that is, we
rnufl chey all his Cominands.
3. We mufl: Admire and Adore his ijifnite
Greatnefs.
4. W E mufl Offer up to him our Prayers and
Supplicaticns^ to obtain from him thofe Bene-
fits we ftand in need of, and to be delivered
from thofe Evils v/e are in fear of Indeed
our Prayers are Proofs of our 'Truft and Hope
m Him, and our Hope is a plain Acknow-
ledgment of the Power and Goodnefs of him
in vv4iom it is placed.
5. When we find it necefHiry to take an
Oath, we rnuft: [wear hy no other Name than
toe Name of God ; and then we mufl 7no/l reli-
gtoufly
Chap. IV. according to the Law of Nature. 5 1
gioujly ohferve what we have engaged our feives
to in calling GOD to witnefs ; and this we are
indifpenfably obliged to, from the Confidcration
of God's infinite Knowledge and his Almighty
Power.
6. We mud never [peak of GOD hut with'
the higheft Refpe5l and utmoft Reverence. Such
a Behaviour is a Proof of our Fear of God ;
and Fear is an Acknowledgment of his Power
over us, whom we dread. Hence then it fol-
lows, that the Holy Name of GOD is not to he
mentioned in our Difcourje upon unnecejfary and
trifling Occafions^ fince this would be great Dif-
refpefb •, That we ought not to fwear at all hut
upon great and folemn Occafions *, for calling
God to witnefs upon Matters of fmall Weight
and Moment, is a great Abufe of his Holy
Name. That we engage not our feives in over-
nice and curious Enquiries and Difputes ahout
the Nature of GOD^ and the Methods of his
Providence: This would be to magnify and
exalt our own Capacities, and vainly to ima-
gine, that the unlearchable Nature and Pro-
vidence of G o D could be comprehended with-
in the narrow Limits of our fhallow Reafon.
7. JVhatfoever is done for the Sake of GODy
or in Ohedience to his ff'lll^ ought to he the inofl
excellent in its Kind, and done after ftich a Man-
ner, and with fuch Circunifiances, as are mofi
proper to exprefs the profound Honour and Vene-
ration we have for Him.
8. We muft: ferve and worfhip htm, net only
in private, hut alfo in piihUck, in the fight of Men ;
for to do any thing in fecret only, feems to hint
as if we were afliamed to adl \i openly ; bur
y^ or ^i^ puhlickly paid, not only gives Tellimo-
E 2 ny
5 ^ The whole Duty of Man^ Book L
ny of our own Devotion^ but excites others by
O-ir E^xample to do the hke,
9. And Laflly, We are to life our utmoft
I^ndeavour to ohferve the Laws of Nature •, for
as it is the greateft Affront to flight the Com^
mands of God, fo, on the contrary. Obedi-
ence to his Laws is more acceptable than any
Sacrifice •, and we have proved, that the Law
cf Nature is the Law of God.
VI I r. And yet, after all, it mud be confeft,
Eternal that the EBecls of this Natural Religion^ nice-
SalvMion Yy confider'd, and with regard to the prefent
redhyNa. ^^^^^ of Mankind., are concluded within the Prof-
i:^ral Re- pcft of this Life j but that it is of no Avail
hgion a. towards procuring eternal Salvation. For Hu-
'""'• man Reafin., left alone to it felf, knows not that
tlie Pravity., which is fo difcernable in our
Faculties and Inclinations, proceeded from
Man's own Faulty and that hereby he becomes
obnoxious to the Wrath of God, and to eter-
nal Damnation : So that v/ith the Guidance of
this only, we are altogether ignorant of the
NecefTity of a Saviour^ and of his Office and
Merit •, as well as of the Promifes made by
God to Mankind, and of the feveral other
Matters thereupon depending, by which a-
lone, it is plain from the holy Scriptures, that
everlafling Salvation is procured to mortal Men.
ti^. It may be worth the whil^, yet a httle
tleiKTion more diilij-KStly to confider the Benefits which
ihefiywrfi thtough Religion accrue to Mankind •, from
Sociefv v/hence it may appear, that * It is in truth
* L. N. N. lib. 7. cap. 4. § 8. Erif. Scand § 6. p, 7.
Epifi- ad ^.chetzer, p, 84. Append, p* 108. /e(jf, SpicUeg.
Co/jtrov. § i6. pi 3$o. Exam DoHrin, § i- ^w-^/- 316.
Difcifjf. Ca^umn» Beckmann. p, 16 p.
the
Ch. IV. according to the Law of Nature. 5 3
the utmoft and firmeft Bond of Human Society,
For in the Naairal Liberty, if you take away
the Fear of a Divine Power^ any Man who
fliall have confidence in his own Strength^ may
do what Violences he pleales to others who are
weaker than himfelf, and will account Honejly^
Modefty^ and Truth but as empty Words ; nor
will he be perfuaded to do that which is right by
any Arguments, but from a Senfe of his own
Inability to adl the contrary. Moreover, lay
afide Religion^ and the Internal Bonds of Com-
munities will be always flack and feeble ; the
Fear of a temporal Punijbment^ the Allegiance
fworn to Superiours, and the Honour of obfer-
ving the fame, together with a grateful Confi-
deration that by the Favour of the fupreme Go-
vernment they are defended from the Mife-
ries attending a State of Nature \ all thefe, I
fay, will be utterly infufficient to contain un-
ruly Men within the Bounds of their Duty.
For in this cafe that Saying would indeed have
place, * He that values not Deaths can never
he compeWd ; becaufe to thofe who fear not
God nothing can be more formidable than
Death. He that can once bring himfelf ro de-
fpife this^ may attempt what he pleafcs upon
thofe that are let over him •, and to tempt him
fo to do, he can hardly want fome Caufe or
Pretence \ as, either to free himfelf of the Un-
eafinefs he feems to lie under by being fubjed:
to another's Command, or that himfelf may
enjoy thofe Advantages which belong to him
that pofTefles the Government ; efpecially when
Cogi cfu'i potejt, iiefcit wort,
Seneca Hercul fur. ver. 425,
E 3 he
54 T^he Whole Duty of Man^ Book I.
he may eafily perfuade himfelf, that his En-
terprife is juft, either becaufe He that at pre-
fent fits at the Helm of Government is guilty
of Mal-Adminiftration, or that himfelf thinks
he could manage it by many degrees to bet-
ter purpofe. An Occafion too cannot long be
wanting for fuch Attempts, either from the
Prince's Want of Circumfpeftion in the care
of his Perfon, (and indeed in fuch a State of
Things * who fliall guard even the Guards
themlelves ? ) or from a powerful Conipiracy,
or, in time of foreign War, from a Defedion
to the Enemy. Befide -private Men would be
very prone to wrong one another •, for the
Proceedings in human Courts of Judicature be-
ing governed by Proofs of Matter of Fa6l,
all thofe TVickedneJfes and Villanies which could
be fecretly a6led and without Witnefles, if any
thing were to be gain'd by them, would be
accounted Dexterities of Wit^ in the pradice
of which a Man might enjoy fome Self-fatis-
fi6tion. Again, no Man would be found that
would do Works of Charity or of Friend/hip^
except with probable Expedation of Glory or
Profit. From whence it would follow, that,
fuppofing no Punifhment from above, one
Man not being able to place any folid Con-
fidence in the Troth of another, they muft
every one always live anxioufly in a mutual
Fear and Jealoufy^ left they be cheated or
harm'd each by his Neighbour. The Cover-
7wurs alfo would have as little Inclination, as
,—= Pone feranh cohlhe^ fed quis cujlodiet ipfos
Cujiodes ?
Juv, $at. VI. ver, 346, 347.
the
chap. IV. according to the Law of Nature. $ 5
the Governed^ to A6lions that are hraie and
honourable •, for thofe that govern not being
obliged by any Tie of Confcience, would put
all Offices, and even Juftice itfelf to fcile ;
and in every thing feek their own private Pro-
fit by the Opprefllon of their Subjcds *, from
whom they being always fearful of a Relel-
lioH, they mud needs know, there can be no
furer Means to preferve themfelves, than by
rendring them as heartlefs and as weak as pof-
fible. The Suhje^s alfo, on the other fide,
{landing in fear of the Violences of their Ru-
lers, would always be feeking Opportunities to
rehel^ tho' at the fame time they muft be mu-
tually diftruftful and fearful of each otl;er.
The fame would be the Cafe of married Per-
fons -, upon any flight Qo^irrcl, they would be
fufpicious left one fhould make away the other
by Poifon or fome fuch clandeftire Way •, and
the whole Family would be liable to the like
Danger. For it being plain, that without Re-
ligion there could be no Confcience •, it would
not be eafy to difcover fuch fecret Viilanies -,
they being fuch as moftly are brought to light
by the inceflant pricking of the Confcience,, and
internal Horrors breaking forth into outward
Indications. From all which it appears, how
much it is the Intereft of Mankind, that all
Means be ufed to check the fpreading of A-
theifm in the World ; and with what vain
Felly thofe Men are pofief^'d, who think to
get the Reputation of being notable Politicians,,
by being feemingly inclin'd 10 Loofenefs and Ir-
religion.
E 4 Chap,
5 5 The whole Duty of Man ^ Book L
C H A P. V.
of t^e Duty of a Man towards Himfelf.
T. ]% Lt HOUGH the Love of himfelf be fo
Man nn- /xdeeply fix'd in the Mind of Man, as to
hie to Ob. p^^^ Y^im always under a Sollicitous Care of
IhJfelf. ^ Hinfifelf, and upon Endeavours by all means
to. procure his own Advantage ; io as, upon
Confideration hereof^ 'twould feem fuperfluous
to find out Laws to oblige him to the fame :
* yet in other Refpe6ls it is necefiary, that he
be bound to the Obfervation of fome certain
t. N. K. Rules toucliing Hi7nfelf For, not being born
5. I, c. 4. fQ^ himfelf alone, but being therefore furnifh'd
with fo many excellent Endowments^ that he
may fct forth his Greater'*^ Praife, apd be
rcndrcd a fit Member of Human Society ; it
follows hence, that it is his J}uty^ to culti-
vate and improve thofe Gifts of his Creator
which he finds in himfelf, that they may anf-
wer the End of their Dcnor ; and to contribute
* The Duties of every Ma4i, which dircftly and fole-
ly rcfpc.fl himfelf, have their immediate Foundation in
that LOVF. which every Man by Nature hath OF
HIMSELF; which was before laid down as one
of the grand Principles of Natural Right, and which
ro- only obliges a Man to prefcrve himfelf, as far as
pofllbly h. cj^n, without prejudice to the Laws of Re^
iig. n or foiality , but alfo to put liimfelf into x.h,Q
be t C'^ndition he can, and to obtain all the Happintft
of which 1 e i.-, innocently capable. See L. ^. N» Lib,
IhC^p. Ill, § i<. ' ' ^ \ ' '
Ch.V. accordin^to the Law of Nature. J7
all that lies in his Power to the Benefit of Hu-
man Society. Thus, though true it is, that
the Ignorance of any Man is his cwn Shame
and his own Lofs ; yet we accufe not the Ma-
fter of Injuftice, who chaftifes his Scholar
for Negligence in not learning thofe Sciences of
which he is capable.
And fince Man confifts of two Parts, a 11.
Soul and a Body^ whereof the firft fupplies the ^^* b^t the Foundation of
pinions of all thofe Virtues which we are to exercife to
Religion, ward our Neighbour, and the true Source of
L.^N. N. ^11 ^.|^^^ Quiet of Confcience and Tranquillity
^ ^\ ' ** of Mind, which is one of the greateft Blefllngs
of Life. Since no fober and confidering Man
can deny thefe Truths, we muft diligently a-
void and utterly rejed: all thofe Opinions, which
contain in them any thing contrariant to Prin-
ciples fo important. By which I mean not
. only Athetfm and Epcurifm^ but all other
Sentiments which are prejudicial to Human
Society, or deftrudive of good Manners •, fuch
being incompatible with true Religion, and o-
verturning the very Foundation of the Morality
of Human A6lions j of which kind there are
many Inftances.
The firft I fhall mention is the Stoical Con-
ceit of Fate or Deftiny., and (which nearly re-
fembles it) Judicial Aftrology -, by which it be-
ing fuppofed, that all things happen in the
World by an internal and inevitable NecefTity,
Men mufl be looked upon as the fimple Inftru-
ments only of their own A61ions ; for which,
confcquently, they are no more accountable
upon diis Prefumption, than a Clock is an-,
fwerable for the Motion of its Wheels.
Another Opinion there is very nearly
allied to this, which fuppoles the unalterable
Confequences of Caufes, and of Effeds \ or
the great Chain of Things, ellablifned by the
Creator, to fland by fuch an Immoveable De-
cree, that even God has left Himfelf no Liber-
ty of inr^rpofing in particular Cafes.
Most
Chap. V. according to the Law of Nature. 59
Most pernicious likewife is that Conceit,
which makes GOD allow a kind of Market
of Sins, fo as to fuffer them to be bought oft'
with Money, to be commuted for with Offer -
ings, with the Obfervance of fome vain Cere-
monies, or the Utterance of fome fet Forms of
Speech, without Amendment of Life, and an
honeft Endeavour to become Good Men. To
this may be joyned, the fottilh Imagination of
fuch, who fancy that Almighty GOD is de-
lighted with fuch Inventions of Men, fuch In-
ftitutions and Ways of Living, as are difagree-
able to Human and Civil Society, as it is re-
gulated by the Oidates of Reafon and the
Laws of Nature.
All fuperftidous Notions, fuch as debafe
and difhonour the Divine Nature and Wor-
fhip, are carefully to be avoided, as contrary
to true Religion.
The fime thing muft be faid of the Noti-
ons of thofe Men, who imagin that the bare
Exercife of Piety towards GOD in Ads of
Devotion, as they are called, is fufficient,
without any Regard had to Honefly of Life,
or to thofe Duties which we are to pra6Life to-
wards our Neighbour. Nor is the Conceit
of others lefs Impious, who fancy, that a
Man may be able, not only to fulfil his own
Duty tov^ards GOD, but even exceed what
is required of him, and thereby transfer fome
of his Merits on others •, fo that one Perfon's
Negligence in his Duty, may be fupply'd
from the V/orlcs of Supererogation., that is,
the Over-righteoufnefs of another. Of the fame
Stamp is that fhameful Opinion of fome others,
that imagine, tl:at the Wickednefs of fome
Actions
6o The Whole Duty of Man, Book I.
Adions is overlooked and excufed by G O D,
on die Account of the Dexterity, the Humour,
or the Gallantry of the Perfons who do them ;
as if fuch Sins pafled only as Jefts and Trifles
in the Cognifance of Heaven. No lefs wicked
is it to believe, that thofe Prayers can pleafe
GOD, by which a Man defires, that o-
thers may fuHer an undeferved Evil, for the
occafioning or promoting an Advantage to
himfelf ; or to imagine, that Men may treat,
in the worft manner they pleafe, fuch as are
of a diflerent Perfuafion from them in Religious
Matters. Not to mention fome other fuch
like Opinions, which carry indeed the Pre-
tence of Piety, but in reality tend to the De-
flru6lion of Religion and Morality.
IV. When we have thus arm'd our Minds a-
2. To ar- gainfl all falfe Opinions of the Divine Nature
nve at a ^^j^j Worfhip, the main Concern behind is, for
Krtowlecre ^ ^^" accurately to examine his own Nature,
of our ^ and to ftudy to know hmfelf,
felvcs. From this Knowledge of himfelf, rightly
The Du' purfued, a Man is brought acquainted with
I'efuh ^^ ^^^^ ^^^" Original •, he comes to know perfedly
from fuch his Condition here, and the Part he is to bear
a know- in the World. Hereby he will perceive, that
ledge. j^g ^Qog j^Qf £xi{l of himfelf, but owes his Being
1*2 c 4 ''^"^ ^^^^ ^^ ^ Principle infinitely fuperior to
§ J.* ' * him •, that he is endowed with Faculties far
more noble than lie fees enjoy'd by the Beafts a-
bout him ; and farther, that he was not born by
himil^lf, nor purely for his own Service, but
that he is a Part of Human kind. From thus'
knowing a Man's fclf he muft neccffarily con^
elude, that he lives in Subjeftion to Almighty
GOD, that he is obliged, according to. the
Meafare
Ch. V. according to the Law of Nature. 6i
Meafure ot the Gifts he hath received from his
Maker, to ferve and honour Him ; and
moreover, to behave himfelf towards his E-
quals in fach a manner, as becomes a Sociable
Creature. And in as much as G O D hath be-
llowed on him the Light of Reafon and Un^
derftanding, to guide him in the Courfe of his
Life, it evidendy follows, that he ought to
make a right Ufe of it : And confequently not
to a5t at random^ without End or Defign^ but,
whatever he undertakes^ to propofe thereby to him-
felf fome particular End^ in its felf both poffihle and
lawful^ and to diretl his own Aoiions fuitably to
that End \ as alfo to ufe fuch other Means as he
Jhall find proper for the compajfing it. Again, .
from hence it follows, that fmce Truth
and Right are always uniform and without
alteration, fo a Man ought always to form the
fame Judgments of the fame Thi?7gs, and when
he hath once judged truly ^ to be always confiant
in his Mind and Refolution. Farther it follows,
that a Man's Will and Appetite ought not to
get the Superiority over his Judgment, but
follow and obey it, never making refiftance to
its Decrees •, or, which amounts to the fame
thing. Men ought to form no Judgments but up-
on mature Deliberation^ nor ever to a5l againft
their Judvgments fo formed.
Besides, by confiJcring and knowing l^ j^t^, j^^
himfelf, a Man will righdy apprehend his own I 2. c. 4,
Strength and Power : He will find that it is % J«
of a finite nature, having certain Limits be-
yond which it can never extend ic felf ; and
therefore, that there are many Things in the
World which he can no ways manage or com-
pafs, many that he can no ways hinder or re-
fifti
62 The Whole Duty of Man^ Book L
fift, and other Things again not abfolutely a-
bove Human Power, but which may be pre-
vented and intercepted by the Interpofition of
other fuperior Powers. Again, another Sort of
Things there are, which though we cannot com-
pafs by our bare Strength, yet we may, if it
be afTifted and fupported by Dexterity and Ad-
dreis.
Wh AT feems to be mod free from outward
Reftraint, and mod within our own Power is
our Will\ efpecially fo far as it is concerned in
producing and exerting Adlions fui table to our
Species of Being, as we are reafonable Crea-
tures. Hence it follows, that every Man ought
to make it his mam Care and Concern^ rightly to
employ all his Faculties and Abilities^ in conformi-
ty to the Rules of right Reafon, For this is the
Standard by which we are to rate the Worth of
every Peribn, and to meafure his intrinfical
Goodnefs and Excellency.
As to other Matters which lie without us,
before he enters upon the Purfuit of them, A
Man Jhould diligently examine^ Whether they do not
furpafs his Strength ? Whether they tend to a law-
ful End ? and. Whether they are worth the Labour
which muft he fpeiit in obtaining them ? When,
upon mature Deliberation, he is refolved to en-
gage in any fuch Affairs, a wife Man will in-
deed \\{z his beft Efforts to bring his Defign a-
bout ; but if he finds thofe Endeavours ineffec-
tual, he will not ftrive againft the Stream, and
drive on his Defigns with vain Hope, but quit
his Purfuit without Grief or Anger at his Dif-
appointment. From thefe Confiderations this
further Confequence may be drawn ; That
Man, as he is guided only by the Light of
Rea-
Chap. V. according to the Law of Nature. 6^
Reafon, ought principally to afpire after that
Happinefs in this World, which arifes from
the prudent Government of his Faculties, and
from thofe Affiftances and Supports which the
Divine Providence he knows will afford him in
the univerfal Adminiftration.of things. Hence
he will not leave things to meer Hazard and
Chance, while there is room for Human Cau-
tion and Forefight. But then, fmce human
Forefight is very weak in difcovering future
things, which are io far from being under our
Guidance, that they frequently fall out beyond
our Hopes and Expectations : Hence it is plain,
that we ought neither too fecurely to truft
to our prefent Condition, nor to fpend too
much Care and Anxiety on what is to come :
and for the fime reafon, Infolence in Profperi-
ty and Defpair in Adverfity are to be both a-
voided, as equally dangerous and equally ab-
furd.
Another neceflliry Improvement of our V.
Mind and Underftanding is. To he able to fet a^' .'^^ ^^*
juft Price on thofe Things which are the chief in meafure of
moving our Appetites. For, from this Know- our De-
ledge it is that the degree of Defire is to be de- fires in
termined, with which we may feek after them. P*'°P^
Among thefe, that which bears the greateft t^j^ l^^yxt
fway, and appears with moil fplendor, and of the
which moft forceably moves Elevated and No- things we
ble Souls, is the Opinion of Worth and Excel- ^^''^•
lency ; an Opinion from wlience fprings what ^J^^t^
we ufually call Glory or Honour : In refped to feekfor
which we are to form and temper our Minds Bonour or
in the following manner. r^^j'^vr
W E muft ufe our utmoft Care and Endea- i *2. c 4
vour to procure and preferve that kind of EJfeem § g',
that
01 1 ion
e
^4
VI.
Jn 11 hat
manner
nve may
deftre
Riches.
The whole Duty of Man y Book I.
that is /imply fo called, that is, the Reputation
of being Good and Honed Men •, and if this
Reputation be aflliulted by the Lies and Calum-
nies of Wicked Men, we are to ufe all poiTible
Pains to wipe them off ; but if that be not in
our Power, we are to comfort our felves with
the Teftimony of a good Confcience, and with
the Affurance, that our Integrity is ftill known
to GOD.
A s for that Efieem^ which is oft-times called
Intenftve^ or Efteem of Diftin^ion^ but more
commonly Ho}wur or Glory ^ we are no other-
wife to purfue it, than as it redounds from fuch
worthy A6tions as are conformable to Right
Reafon, and productive of the Good of Human
Society •, but even then good Heed is to be ta-
ken, that hereby our Mind do not fwell with
Arrogance and Vain-glory. If at any time we
have no Opportunity, or want an Occafion of
fhewing our Worth, without being able to
procure one, we muft bear this ill Fortune
with Patience, fince there is nothing in it that
can be charged upon our Default. To value
and make our boafts of what
and trifling, is moft imper-
tinent and ridiculous •, but it is abominably
Wricked, as well as extremly Foolifh, to af-
pire to Fame and to Honours by evil Arts,
and by Deeds repugnant to Reafon •, and to de-
fire Preheminence above others, only to be a-
ble to infult over them, and to make them
obnoxious to our Pleafure.
The Befire of outward Poffeffwns^ Riches^
and JVealtb^ does alfo prevail greatly in the
Minds of Men •, and no wonder, fince Men
have not only need thereof for their own
Sup-
our felves upon,
is empty, vain.
Chap, V. according to the Law of Nature. 6%
Support and Prefervation in the Worjd, but
alfo often lie under an indifpenfible Duty to
provide them for others. But then, becaule
our Wants are not infinite, but h'e in a very
narrow Compafs, and fince Nature is not want-
ing in a plentiful Provifion for the NecelTities
of her Sons •, and laftly, fince all that we
can heap together mud, at our De^th, fall to
others •, we muft moderate bur Deflre and Out*
Purfuit of thofe Things, and govern our felves
In the Ufe of them according to the juft Occa-
fions of Nature, and the modeft Demands of
Temperance and Sobriety. We muft do no
diflioneft or bafe Thing for the procuring them ;
we muft not increafe them by fordid Avarice,
nor fquander them away by profule Prodigality,
nor in any ways make them fubfervient to vi-
cious and diftioneft Purpofes. Farther, fince
Riches are of a very perifhable Nature, and
may be taken fi"om us by many Accidents and
Calualties, we muft, with refped: to 'em, put
our Mind in fo even a Temper, as not to lofe
it felf if it fhould happen to lofe them.
The Defire o^ Pie afures dots as ftrongly ex- vn.
cite the Minds of Men as that of Honour or Jn what
Riches : In reference to thefe we rhuft obferve, ^^^^^^
that there are Innocent Pleafures and Criminal '^Ir^p
Pleafures. The latter of which m^uft be al- Pieafures.
ways avoided ; but it is by no means a Fault L. N. N^
to enjoy the former, provided it be done with ^' ^^ c. 4.
moderation, and in conformity to the Rules of^ ^^*
Temperance and Sobriety. As there is no Fault
to avoid, as much as may be, unnecelTary Grief
and Pain, becaufe they tend to the Deftru6lion
of the Body ; fo Reafoh, on the other fide,
is fo fax fi-orit forbiddiiig us the Enjoyment of
F mode-
66 The Whole Duty of Man ^ Book t
moderate Recreation and innocent Pleafure,
that it dire6ls us to entertain our Senfes with
fuch Obje6ls as are, in this manner, agreeable
and delightful to them, fince hereby the Mind
is unbent and refreili'd, and render'd more
adive and vigorous. But then, in the Enjoy-
ment of thefe lawful and innocent Gratificati-
ons, great Care is to be taken, that we en-
joy them to fuch a Degree only, that we be
not thereby weakened and enervated ; that nei-
ther the Vigour of the Body or Soul be there-
by lellen'd \ that they wafte not nor confume
our Wealth, when it might be better and more
ufefully laid out •, and that they ileal not our
Time from better and more neceffary Employ-
ments. Laftly, This muft be an inviolable
Rule, that no Pleafure muft be purchafed at
fo dear a Rate, as the Negle6i: or TranfgrefTion
of our Duty ; nor ought any to be received
that brings after it Lofs, Difgrace, Sorrow, or
Repentance.
VllT, Lastly, The chief Care incumbent on us,
4- ^^ in order to improve and well culdvate our
Tw*a.^ Mind, is, to ufe the utmoft Diligence, 'To gain
our Pafll- ^^'^ Maftery over our Paffions -, to maintain the
ons to the Sovereignty of our Reafon over the Motions
Govern- and Affedlions of our Minds \ the greateft Part
"^^"r ^^ which, if they gain the Afcendant, and grow
^^^ ^ ' mafterlefs, do not only impair the Health of
L. *K. N. the Body, and the Vigour of the Soul, but
I. i. c, 4. caft fuch a Cloud on the Judgment and Under-
5 *'• ftanding, as to wreft them violently from the
Ways of Reafon, and of Duty. So that the
natural Principle of Prudence and Probity a-
niongft Men, may be juftly faid to be found-
ed
Ghap. V. according to the Law of Nature. 6j
ed in calming and cooling the Pafllons. But let
us briefly fpeak of them in particular.
JOT IS in it felf a Paflion mod agreeable
to Nature ; but ftrict Care is to be taken, that
it break not out on improper Occafions, that it
fhew not itfelf in Matters vain or trifling, bafe
or indecent.
SORROfF, like a Canker, waftes both the
Body and Soul : it is therefore as much as pof-
fible to be removM and expell'd, nor ever to be
admitted, even moderately, unlefs when by the
Ties of Humanity, we are obliged to exprefs
our Concern, or Pity at the Misfortunes, or at
the Deaths of others , and as it is requifite to
the great Duty of Repentance.
LOVE is a Paflion of a benevolent and
friendly Nature to Mankind ; but yet it is to
be fo wifely managed and moderated, that it
be not fix'd upon an unworthy Obje6l ; that
we take not unlawful Ways to fansfy its De-
mands ; that it keep within due Bounds,
"^fo as not to degenerate into Difeafe and Dif-
quiet, if the beloved Objed is not to be ob-
tained.
HATRED is a Paflion pernicious, as well
to the Perfon who employs it, as to thole a-
gainfl: whom it is employ'd ; it is therefore di-
ligently to be quenched and fl:ifled, lefl: it be-
tray us to Injuries, and Breach of Duty againfl:
our Neighbours. And when any Perfons do
really deferve our Averfion, we mufl: even then
take care not, on their Account, to create Un-
eafinefs and Difquiet to our felves.
ENVr is a mofl: deform'd Monfl:er, fome-
times producing ill Effeds in others, but always
in the Envious Perfon, who, like Iron can-
F 2 kered
6S The n'hole Duty of Man^ Book I.
kered with Ruft, not only defiles, but deftroys
himfelf continually.
HOP £, although in it felf a PafTion mild,
eafy, and gentle, yet is it alio to be brought
under due Regulation. We muft be careful
not to dire6l it to Things vain or uncertain \
nor, by placing it on Objtdls out of our Reach,
and beyond our Power, make it tire it felf to
no purpofe.
FEAR^ as it is a dangerous Enemy to
Men's Minds, fo is it a Faifion altogether
tifelefs and unprofitable. It is indeed by fome
eileemed the Parent of good Caution, and con-
fequently, the Occafion of Safety ; but this
good Caution may ov^e it felf to a much better
Principle, it may arife without the AfTiftance
of Fear, from a wary Circumfpecflion, and
a Prudence alike untouched with Anxiety or
with Confternation.
ANGERh the mod violent, as well as
the mod deftruilive of all the PafTions, and is
therefore to be refifted with our utmofl Strength
and Endeavour. It is fo far from exciting
Men's Valour, and confirming their Conftancy
in Dangers, as fome alledge, that it has a
quite contrary Ened *, for it is a Degree of
Madnefs, it renders Men blind and defperate,
and runs them headlong into their own Ruin.
DESIRE OF REVENGE is nearly re-
lated to Jnger *, which, when it exceeds a Mo-
derate Defence of our felves and Concerns, and a
juft Aflertion of our Rights againft the Invaders
of them, turns, beyond Difpute, into a Vice.
IX. I N fuch Duties as we have reckoned up doth
Uinv far that Culture of the Mind chiefly confift, which
IfA^"^^ all Men are indifpenfably obHged to look after :
But
chap. V. according to the Law of Nature. 69
But there is ftill behind a more peculiar Cubjre ^»^ Sci-
and Improvement of the Mind, confiiting in^"'^^!,'^
the various Knowledge of Things, and the, Stu- l^'^ n!*>T
dy of Arts and Sciences. This Knowledge, it isl.*2. c 4.'
true, cannot be faid to be abfolutely necefliiry$ 13.
to the Difcharge of our Duty in general, but
yet muft by all be allowed to be exceedingly
ufefui to fupply the Neceflities and promote the
Conveniencies of Human Life, and therefore
by every one to be followed, according as his
own Capacity and Occafion will permit.
N o one difputes the Ufefulnefs of thofe Arts^
which fupply the Neceflities, or contribute to
the Convenience of Human Life.
A s to Sciences ; fome may be ftiied Ufefui s
others Curious^ and others again Vain,
I N the Number of ufefui Sciences., I reckon '
Logick., which teaches to reafon juftly, clolely,
and methodically •, thofe Sciences ivbich have
any refpeEl to Morality ., Phyfick., and all fuch
Parts of Mathefnaticks as lay the Foundation of
thofe -praElical Arts., which ferve to procure and
augment the NeceflTaries or Conveniencies of
Life.
B y Curious., or Elegatit Sciences., I underiland
fuch as are not indeed of fo neceiTary Ufe, as
to render the Life of Man lefs fociable, or lels
convenient upon the Want of them *, but ye;
fuch as ferve to gratify and pleafe an innocent
Curiofity, to polifh and adorn our Wit, and to
jembellifli and render our Underftanding more
com pleat : Such Sciences are. Natural and Ex-
perimental Philcfophy., the more fine and fuhtile
Parts of Mathematicks., Hifiory^ Criticifm^ Lan-
£Uage^^ Poetry^ Oratory^ aiid the like.
Fa Pv
70 The M^ole Duty of Man^ Book I,
B Y Vain Sciences^ I mean fuch as are made
up of falfe and erroneous Notions, or are em-
ployed about frivolous, trifling, and unprofitable
Speculations •, fuch are the Amufemeyits of old
Philofophers^ the Dreams of Afirologers^ and the
Suhtilties of the School-men.
To employ Labour and Pains in thefe laft
Sort of Smdies is highly unworthy any Man,
and an unpardonable Wafte of his Time. But
whofoever would not deferve to be accounted
an ufelefs Lump on Earth, a Trouble to him-
felf and a Burthen to others, ought, as far
as he has Means and Opportunity, to employ
himfelf in fome of the aforemention'd Arts and
Sciences, Every one at leaft ought, in a proper
Time, to take upon hhnfelf fome ho?ieft and ufeful
Employment., agreeable to his natural Inclinati-
ons., fuitable to the Abilities of his Body and
Mind., Extraction., and Wealth ; or according
as the juft Authority of his Parents^ the Com-
mands of his Superiours., or the Occafion and Ne-
ceffity of his own private Circumftances fhall de-
termine.
X. Alt ho' the Care of our Soul, which we
^rein ^^y^ }q^q^ explaining, is the mod difficult, as
7hfcare ^^^^ ^^ ^^^ ^^^ neceffary Part of our Charge in
of the this Life, yet ought we by no means to negled:
Body, the Care of our Body ; thefe two conflituent
Parts of us being fo llridly united and ally'd to
each other, that no Injury or Hurt can come to
the one, but the other muft likewife bear its
■ Part in the Suffering.
W E muft therefore, as far as poffible, con-
tinue and increafe the natural Strength and Pow-
ers of our Bodies, by convenient Food and pro-
per Exercife j not ruining them by any Intem-
perate
Wh
Ch. V, according to the Law of Nature'. 71
perate Excefs in Eating or Drinking, nor waft-
ing and confuming them by unnecefTary or im-
moderate Labours^ or by any other Abufe or
Mifapplication of our JhUities. And upon this
Account, Gluttony^ Drunkennefs^ the immoder
rate Ufe of Woynen^ and the like, are to be a^
voided : And befides, fince unbridled and ex-
orbitant PaffionSy not only give frequent Occa-
fion to difturb Human Society^ but are very hurt-
ful even to the Perfon himfelf \ we ought to
take care with our utmoft to quell the?n^ and
fubjed them to Reafon. And becaufe many
Dangers may be efcap'd, if we encounter 'em
with Courage^ we are to cafl off all Effeminacy
of the Mind, and to put on Refolutlon againfl:
all the terrible Appearances that any Event may
fet before us.
And yet, becaufe no Man could give hhn- XI.
felf Life, but it muft be accounted as the boun- 'Aether a
teous Favour of God^ it appears, that Man is ^^p^^^^
by no means vefted with fuch a Power over his f^fj^i^ ^ww
own Life, as that he may put an End to it when Life,
he pleafes •, but he ought to tarry, till he is
call'd off by Him who placed him in this Sta-
tion. Indeed, fince Men both can and ought
to be ferviceable to one another, and fmce there
are fome Sorts of Labour, or an Overftraining
in any, which may fo wade the Strength of a
Man, that old Age and Death may come on
much fooner than if he had led an eafy and
painlefs Life ; there is no doubt but that a Man
may, without any Contravention to this Law,
chufe that Way of living which may with fome
probability make his Life the Jhorler, that fo
he may become more ufeful to Mankind. And
whereas fometimes the Lives of many will be
F 4 loft.
7L Tfoe Whole Duty of Man, Book I.
loft, except fome Number of Men expofe them-
lelves to a Probability of lofing their own on
their behalf*, in this Cafe the lawful Governoitr
has Power to lay an Injundlion x^i any private
Man under the moft grievous Penalties, not to
decline by Flight fuch Danger of lofing his Life.
Nay farther, he may of his own Accord pro-
voke fuch Danger, provided there are not Rea-
fons more forcible for the contrary •, and by thus
Adventuring he has hopes to fave the Lives of
others^ and thofe others are fuch as are worthy
fo dear a Purchafe. For it would be filly for
any Man to engage his Life together with ano-
ther to no furpoje -, or for a Perfon of Value to
die for the Prelervation of a paltry Rafcal. But
for any other Cafes, there feems nothing to be
j-equired by the Law of Nature^ by which he
jfliould be perliiaded to prefer another Man's
Life before his own, but that all things rightly
compared, every Man is allowed to be 7noft
dear to hinifelf. And indeed all thofe who vo-
luntarily put an end to their own Lives, either
as tir'^d with the many 'Troubles which ufually
accompany this Mortal State •, or from an Ab-
horrence of Indignities and Evils which yet would
hot render them fcandalous to Human Society \
or thro' Fear^ or Pains, or Torment^ by endu-
ring which with Fortitude, they might become
ufeful Examples to others •, or out of a vain
Oflentation of their Fidelity and Bravery, All
thefe, I lay, are to be certainly reputed Sin-^
ners againft the Law of Nature,
XTf. ' But whereas it often happens that this Self-
Self-De- 'PreferVation, which the tendereft PafTion and
/^wce^o- ^xa&ft Reaibn thus rcprii mends to Mankind,
^f?1 /n' does ieerii to* interfere with our Pi^ecepts con-
"" " ' -' . • , , . perning
Ghap. V. according to the Law of Nature. 7}
cerning Society^ then when our own Safety is
brought into Jeopardy by another, fo far that
either we muft peridi, or fubmit to fome very
grievous Mifchief, or elfe we muft repel the
Aggrefibr by force and by doing him Harm ;
Therefore we are now to dehver, U^ith what
Moderation the Defence of our f elves is to he tern-
pred^ This Defence of our felves then will be
fuch as is, either without any Harm to him from
whom we apprehend the Mifchief, by rendring
any Invafion of us formidable to him and full
of Danger •, or elfe by hurting or deftroying him.
Of the former way, [whether (in private Men)
by keeping off the AfTailant, or by Flighty l^c!]
there can be no Doubt but that 'tis lawful and
altogether blameleis.
But the latter may admit of Scruple, be- xur.
caule Mankind may leem to have an equal ^e may
Lofs, if the Aggreffor be killed, or if I lofe 'pij''""
my Life ; and becaufe one in the fame Station ^Jenfofar
with my felf will be deftroyed, with whom it as to hu
was my Duty to have lived in Civil Society : Bz- an unjuft
fide, that a forcible Defence may be the Gccafi- ^SB^^P^-
on of greater Outrages^ than if I Ihould betake 1 *2 ^'
my felf to flight, or patiently yield my Body g 2/
to the Invader. But all thefe are by no means
of fjch Weight as to render this Sort of Defence
unlawful. For when I ann dealing fairly and
friendly with another^ it is requifite that he
fliew himlelf ready to do the like^ or elle he is
not a fit Subje(5l of fuch good Offices from me.
And becaufe the E' nd of the Law of Society is
the Good of Mankind^ therefore the Senfe there-
^f is to be taken, fo as effe6lually to preferve
ihe Welfare of every Individual or particular
Man. So that if ^i^pther Man make an At-
74 The Whole Vuty of Man ^ Book I,
tempt upon my Life, there is no Law that
commands me to forgoe my own Safety, that
fo he may pradife his Malice with hnpmity :
And he that in fuch cafe is burl or JJain^ muft
impute his Mifchief to his own Wickednefs^
which fet me under a Neceflity of doing what I
did. Indeed other wife, whatfoever Good we
enjoy either from the Bounty of Nature^ or
the Llelp of our own Induftry, had been grant-
ed to us in vain, if we were not at liberty to
oppofs the Violences of Ruffians, who would
wrongfully ravifli all from us ; and honeft Men
would be but a ready Prey for Villains^ if they
were not allowed to make ufe of Force in de-
fence of themfelves againft ehe others Infults.
* Upon the whole then, it would tend to the
I)eftrii3wn of Mankind, if Self Defence even
with Force were prohibited to us.
KIV. Not however that hence it follows, that
^xtremi' ^s foon as any hjury is threatned us, we may
*^^l fi , prefently have recourfe to Exlremities ; but we
L. N n! ^'^^^ ^-^11 try the more harmlefs Remedies \ for
1. 2. c. 3. inftance, we muft endeavour to keep out the
^ 3- Invader by cutting olT his Accefs to us ; to
withdraw into ftrong Places ♦, and to admo-
ni(h him to defift trom his outragious Fury.
And it is alfo the Duty of a prudent Man to
put up 2i flight Wrongs if it may conveniently
be done, and to rennt fomewhat of his Right,
rather than, by an unfeafonable Oppofition of
the Vicicncc, to expofe himfelf to a greater
Danger \ efpecially if that Thing or Concern of
* See Grouus de Jure Belli &> Pads, Lib. 1, 6?
Chap. 2, Lib. II. c. I. g 3. ^feq.
ours
Ch. V. according to the Law of Nature. 7 J
ours upon which the Attempt is made, be
fuch as may eafily be made amends for or re-
paired. * But in Cafes where by thefe or the
like means I cannot fecure my felf, in order to
it I am at liberty to have recourfe even to Ex-
tremities.
But that we may clearly judge, whether XV.
a Man contains himfelf within the Bounds of an ^^V-^^'
MnUeameable Defence of himfelf it is firft t:o|^^Y^/?[
be examined, whether the Perfon be one who able L a,
is in a State of Natural Liberty or fuhje5l fuppfed
to no Man, or one who is obnoxious to fome/^^^ ^/
Civil Power, In the firfl Cafe, if another ^^^/^^^^
fhall offer Violence to me^ and cannot be
brought to change his malicious Mind and live
quietly, I may repel him even by kilVnig him.
And this not only when he fhall attempt upon
my Life, but if he endeavour only to wound
or hurt me, or but to take away from me my
Goods, without meddling with my Body. For
I have no AfTurance but from thefe leffer Injuries
he may proceed to greater -, and he that has
once profeffed himfelf my Enemy (which he
doth whilft he injures me without Shew of Re-
pentance) gives me, as far as 'tis in his Power
to give, a full Liberty of proceeding againft
him, and refilling him in fuch manner as I
fhall find moft neceflfary for my own Safety.
And indeed the Sociality necelTary to Human
Life would become unpradicable, if a Man
may not make ufe even of Extremities againfl
him who fhall irreclaimably perfifl in the Com-
miffion tho' but of meaner Wrongs, For at
that rate the moft mgdefi Perfons would be the '
f Grot'iui de Jure Belli &> Facts , Lib, i. cap, i.
con-
7^ The Whole Duty of Man, Book L
continual Laughing-ftock of the vileft Rake-
hels.
XVI B u T in Civil Society^ thofe who are Sube6ls
Bow the to the Civil Power^ may then only ufe Vio-
S^ffde ^^"^^ ^^ ^^^ Defence of themfelves, when the
fince is Time and Place will not admit of any Appli^
iimited in cation to the Magiftrate for his Affiftance in
rfjS^^/c of repelling fuch Injuries by which a Man's Life
^'*!^ may be hazarded, or fome other mod valuar
Jl"i/,'i^- ^^^ Good which can never be repaired, may be
3/2. c. 5. manifeftly endangered.
' $ 4- As for the time when Men may put in
nf^h^^' pradice their jufl Right of Self-defence, it may
Time* be learnt from the following Rules.
iu;ben in a A L T H o' every one, under that Indepen-
Staie of dence in which all Men are fuppofed to be in
^ll^r ^ ^^^^^ ^f Nature-, rnay and ought to prefume,
fence ^may ^^^^ ^^^ ^^" ^^^ inclined to perform towards
be aiionv' ^i"^ ^^1 thofe Duties which the Law of Nature
able. dire^ls^ until he has evident Proof to the con-
trary : Neverthelefs, fince Men havjs natural
Jnclinaiions to that which is, ill, no one ought
to rely fo fecurely on the Integrity of another,
as to negledl taking all neceflliry Precautions
to render himfelf fecure, and placed, as far as
may be, out of the Reach of other Men's
ill Defigns. It is but common Prudence to
flop up all Avenues againft thofe from whom
we apprehend Hoflilities, to be provided
with ferviceable Arms, to raife Troops, to
get S.iccour and AfTiilance, in cafe of need,
by Alliances and Confederacies, to have a
watchful Eye over the Adlions and Behaviour
pf thofe whom we have reafon to apprehend to
be our Enemies ; and, in a word, to ufe all
pther Precautions of this Nature, which appear
neceffary
Chapi V. according to the Law of Nature. 77
necefTary to prevent our being furprized or found
unprovided. The Jealoufy and Sufpicion which
we ought to have of each other, from our Know-
ledge of the Pravity of Human Nature, will
juftifie our ading thus far •, but then it muft
flop here : it muft not put us upon ufmg Vio-
lence to our Neighbours, under pretence of
difabling them from injuring us, and of pre-
venting their making a mifchievous Ufe of that
fuperior Power we fee them have ; efpecially if
we find that this Increafe of Power in them,
and their Superiority over us, was the Produd
of their innocent Induftry, or the Gift of Pro-
vidence, and not the Refult of Injury and Op-
preflion.
* N A Y, if our Neighbour, whom we fee '^
powerful enough to hurt us, Ihould fhew an In-
clination to ufe that Power mifchievoufly, by
adiually injuring others, yet fliall not this jufti-
fie our Aftaulting him by way of prevention, till
we have good Evidence, that he defigns us alfo
Mifchief •, unlcfs we are under fome prior En-
gagement or Alhance, to fupport the Perfons
we fee thus injurioufly attacked by a fuperior
Power. In this Cafe we may with greater Vi-
gour oppofe the Invader, and take the Part of
our injured Ally •, fince we have very good
Reafon to apprehend, that when by his fupe-
rior Power he has opprefted him, he will ap-
ply the fame Force againft us •, and that the
firft Conqueft he makes is to be the Inftrument
of another that he intends.
* See Grotius de fure Belli Qp Pacify LiK *. cap,
I $ I 7> &c. and c. 22. J 5.
But
\
78 The Whole Duty of Man, Book t
But when we have evident Proof that ano-
ther does adtually intend, and has taken proper
Meafures to do us an Injury, altho' he has not o-
penly declared fuch his Intention ; then we may
fairly put our felves on our Defence, and antici-
pate the Aggreflbr before he compleats the Pre-
parations he is making to do us the defigned
Mifchief : Provided notwithftanding we have
endeavoured, by friendly Advice, to move
him to lay afide his ill Purpofes fo long, that
there remains no Hopes of his being prevailed
lipon to do fo by fair and gentle Means : In ufing
w^hich friendly Advice and gentle Means, care
muft be taken, that it be not done when it may
prove a Prejudice and a Difadvantage to our
bwn Affairs. He who firft forms the Defign to
do an injurious A6l, and firft makes Preparation
to bring it about, is to be accounted the Aggref-
for ; altho' it may perhaps fo fall out, that the
other ufing greater Diligence, may prevent him,
and fo commit the firfl open A6ls of Hoftility.
It is not abfolutely neceffary to a juftifiable Self-
defence^ that I receive the firft Stroke, or that I only
Ward offand avoid the Blows that are aimed at me.
But farther : In a State of Nature of which
we are fpeaking, a Man has not only a Right
to repel a prefent Danger with which he is me-
naced, but alfo, after having fecured himfelf
from the Mifchief intended him, he may pur-
fue his Succefs againft the Aggreflbr, till he
has made him give him fatisfathry Security of
his peaceable Behaviour for the time to come. CoH-
cerning which Caution and Security, the follow-
ing Rule may be ufefully oblerved : If a Man
having injured me., jhall prefently after ^ repenting
of what he had done, co?ne voluntarily and ask my
Pardon,
Ch. V. according to the Law of Natura J0
pardon, and offer Reparation of the Damage \ I
am then obliged to he reconciled to him, without re-
quiring of him any farther Security than his Faith
and Promife to live hereafter in Peace and ^iet-
nefs with me. For when of his own accord any
Perfon takes fuch meafures, it is a fatisfadtory
Evidence, that he has altered his Mind, and a
fufficient Argument of his firm Refokition to of-
fer me no Wrong for the future. But if a Man
having injured me, never thinks of asking Pardon^
or of fhewing his Concern for the Injuries he has
done me, till he is no longer in Condition to do
them, and till his Strength fails him in profecuting
his Violences ; fuch an one is not fafely to he trufied
on his hare Promifes, his fFbrd alone being not
a fufficient Warrant of the Sincerity of his Protef-
tations. In fuch Cafe, in order to our farther Secu-
rity, we muft either cut off from him all Power
of doing Mifchief, or elfe lay upon him fome
Obligation of greater Weight and Force than
his meer Promife, fufficient to hinder him from
appearing ever after formidable to us.
But among Men who live in a Co?nmunity, XVIII.
the Liberties for Self-defence ought not to be near i^hen and
fo large. For here, tho' I may know for cer- ^^Z^-** ^
tain, that another Man has arined himfelf in or- ^J^^^^^
der to fet upon me, or has openly ihreatned to htmfeif
do me a Mifchief-, this will by no Means h^diV^'ith
me out in affaulting him -, but he is to be inform- ^f^^ ^.
ed againft before the Civil Magiftrate, who is to^^I/V.f "^
require Security for his good Behaviour. The "^civll Soci-
Ufe of Extwmities in repdling the Force btinge/y.
then only juftifiable, A^hen I am ^/r^^Jy fet upon,
and reduced to fuch Streights, that I have no
Opportunity to require the Prote3ion of the Ma-
giftrate, or the Help of my Neighbours -, and
even
8o The Whole Duty of Man, Book h
even then 1 am not to make ufe of Violence^ that
by the Slaughter of my Adverfary I may revenge
the Injury, but only becaufe without it my own
Life cannot be out of Danger.
Of the No w the Inftant of "Time^ when any Mart
Time may with Impunity deftroy another in his own De-
whenina ^^^^^^ is, when the Aggreffor, h6n^ ftirnijh^
CM Soci'^^ "^'^^^ Weapons for the Purpofe, znd /hewing
ety Self- plainly a Defign upon my Life, is got into a
defence Place where he is very capable of doing me a
^*u^ ^^ , Mifchief, allowing me fome time, in which it
oiva e. ^^y j^ neceflary to prevent rather than be pre-
vented •, although in foro humano a little Exceed-
ing be not much minded in regard of the great
Difturbance fuch a Danger rriuft be thought to
raife in the Spirit of Man. And the Space of
T^tme in which a Man may ufe Force in his own De*
fence^ is folong as till the Aflailant is either re-
pulfed^ or has with-drazvn of his own accord,
(whether in that Moment repotting of his wicked
Defign, or for that he fees he is like to mifs of
his Aim) fo that for the prefent he cannot hurt
us any more, and we have an Opportunity of
retiring into a Place of Safety. * For as for
Revenge of the Wrong done, and Caution for fu-
ture Security, that belongs to the Care of the
Civil Magijlrate, and is to be done only by his
Authority.
XIX. Farthermore, both in a State of Nature,
Whether a and in a Civil State^ it is lawful for every Man
^rThh^^^'^ defend himfelf, if the Precautions before-
mentioned be taken againft him who attempts
* Gntlus de Jure Belli &* Pads, Lib, 2. Cap. I.
Chap. V. according to the Law of Nature
to take away his Life -, whether it be deftgnedly. Right of
and with a malicious Intention^ or without any^^^f'^^'
-particular Befign againfl the Party aflaulted -^ainftone
As fappofe a Mad-man, or a Lunatick, or one that af-
that miftakes me for fome other Perfbn who is faults him
his Enemy, fhouki make an Attempt on my J-^'"^'*^'
Life, I may juitifiably ufe my Right of Self^l; ^\^.\
Defence -, for the Perfon from whom the At- ^ ^[
tempt comes, whereby my Life is hazarded,
hath no Right to attack me, and I am by no
means obhged to fuffer Death unneceiTarily ; on
which account it is altogether unreafonable that
I fhoLiId prefer his Safety to my own.
Nevertheless through true it is, that we XX,
ought not to take away another Man's Life^ when ^^'^ the
it is pofTible for us after a more convenient way ^^f/V*^
to avoid the Danger we are in ; yet in confide- y/^{*^ ^"
ration of that great Perturbation ofMind^ which ought to
is wont to be occafion'd upon the Appearance off>e mana,
imminent Mi/chiefs it is not ufual to be over-^^^^ ^"^
rigorous in the Examination of thefe Matters ; ^J *^^^ ''
for it is not likely that a Man trembling under
the Apprehenfion of Danger, fhould be able to
find out h exadly all thofe IVays of efcapingy
which to one who fedately confiders the Cafe may
be plain enough. Hence, though it is Rajhnejs
for me to come out of a fafe Hold to him who
fhall challenge me ; yet, if another ihall fet
upon me in an open Place, I am not ftreight
obliged to betake my felf to Night, except
there be at hand fuch a Place of Refuge as I
may withdraw into without Peril : Neither am
I always bound to retire ; becaufe then I turn
my defencelefs Back, and there may be hazard
ot falling J befide, that having once loft my
Pofture, I can hardly recover it again. But as
G the
8i The whole Duty of Majfy BookL
the Plea of Self-defence is allow'd to that Perfon
who fhall thus encounter Danger, when he is
going about his lawful Bufmefs^ whereas if he had
(laid at Home he had been fafe enough •, fo it
is denied to him who being challenged to a
Duel^ fhall by appearing y^/ hinifelfvn that Con-
dition, and except he kill his Adverfary, him-
felf muft be {lain. * For the Laws having for-
bidden his venturing into fuch Danger^ any Ex-
cufe on account thereof is not to be regarded.
XXI. What may be done for the Defence of
Deftnce of i^ijr^ ^^y ^j^q f^j. ^.]-^g Members ; fo as that he
L R N. ^^^^ ^^ acquitted for an honeft Man who Hiall
1. 2. c. 5*. ^^^^ a Ruffian, that perhaps had no farther In-
$ iQ. tention than to maim him, or give him fome
grievous Wound : For all Mankind does natu-
rally abhor to be maimed or wounded •, and the
cutting off any, efpecially of the more noble
Members, is often not of much lefs value than
Life it felf •, befide, we are not fure beforehand,
whether upon fuch wounding or maiming Death
may not follow ; and to endure this is a Sort of
Patience that furpaffes the ordinary Conftancy of
a Man, f to which no man is regularly obliged
by the Laws, only to gratifie the outragious
Humour of a Rogue.
XXI T. Moreover, what is lawfully to be done
tejence off^^ Prefervation of Life^ § is adjudged to be fo
for
* See Grotius de Jure Belli QP Pads, Lib, z. Cap, i.
t See Grotius de Jure Belli, & Pads, Lib. i. Cap. i.
§6.
§ Mr. Buddus denies this (m the 2d Part of his Ele,
merits of PraBical Philofophy, chap. 4. feB, 3.) and his
Reafon is, That there is no Proportion between the Life
aiid
Ch. V. according to the Law of Nature. 83
for Chaftity : Since there cannot be a more hor- Chafiiy.
rid Abufe offered to an honeft Woman, than to J-- ^* ^'
force her out of that which being kept undefiled 5' | J/
is efleemed the greatefl Glory of her Sex -, and
to put upon her a Neceffity of raifmg an Off-
fpring to her Enemy out of her own Blood.
A s for Defence of Goods or Eftate^ this may, XXIIT.
among thofe who are in a State of Natural Li- "Oefence of
herty^ go as far as iht Slaughter of the Invader, ^^n^l/^
f provided what is in Controverfie be not a l. n.^N;
Thing contemptible. For without things necejfa- 1. 2. c. 5.
ry we cannot keep our felves alive \ and he e-5 j6«
qually declares himfelf my Enemy, who wrong-
fully feizes my Eft at e^ as he that attemps upon
my Life. But in Communities, where what is
raviflied from us may, with the AfTiftance of
the Civil Authority, be recovered, this is not
and the Homur of any Per/on. But can any Violation
be too great for a Woman to exped from a Man that is
arriv'd to fuch a Pitch of Brutality ? Befide"?, Honour is
a Good whofc Lofs is not only irrecoverable, but which,
among civihz'd Nations, is placed in the fame Degree
of Value wrch Life it felf Afrer all, does not fuch an
Aft of Hoflility as this, give her a perfedt Right to have
recourfe to Extremities againft a Man, who to fathfie
his brutifh Paflion, irreparably fiains the Honour and
takes away the Liberty of an honeft Woman? See Gro-
iius de Jure Belli ^ Fads, libs 2. cap, I $ 7.
t The Author I juft now quoted pretends in the
fame place, that no one can jufiijiahly hill a Thief, ur.»
lefs he attempts to fieal from him fo confiderable a Part
of his Suhjtance^ as that he could not live upon the Re-
mainder. But this learned Author has faid nothing to
invalidate the Principles, and confute the Reafons ai-
ledgcd to the contrary by our Author, in his large Work
oil he Law of Nature and Nations, of which this is aa
Abridgment. See Lib, i* Cap. 5. $ 16.
G 2 regularly
84 The Whole Duty of Man ^ Book I.
regularly allowed •, unlefs in fiich cafe when he
that comes to take away what we have, cannot
be brought to Juftice : On which account it is,
that we may lawfully kill Highwaymen and
Night-rohhers.
XXIV. And thus much for Self -Defence in thofe who
SelfDe- without Provocation are unjuftly invaded by o-
pa i^, ry to another, he can only then rightly defend
jur'd. himfelf with Force^ and burl the other again,
L. N. N. when having repented of what he has done, he
1. 2. c. 6. i^^g offered Reparation of the Wrong and Secu-
*^* n/>'for the future *, and yet he who W3.s frji in-
jnredy fhall, out of ill Nature, refafe the fame, and
endeavour to revenge himfelf: by Violence •, [(hew-
ing hereby that he feeks not fo much Reparation
and Right to himfelf, as Mifchief to the other.]
XXV. Lastly, Self-Prefervation is of fo much
SelfPre^ regard, that, if it cannot otherwife be had, in
fervation niany Cafes it exempts us from our Obedience
in '^/^^ t-Q the ftandino; Laws -, and on this Score it is,
1 that JyeceJ/ity is fiid to have no Law. For feeing
L. N. N. Man is naturally infpired with fuch an earneflDe-
1. t. c 6. (ire to preferve himfelf, it can hardly be prefum-
ed that there is any Obligation laid upon him,
to which he is to facrifice his own Safety. For
tho' not only Gody but the Civil Magijlrate^
when the Neceffity of Affairs requires it, may
lay upon us fo ftrid an Injundlion, that we
ought rather to die than vary a Little from it ;
yet the general Obligation of Laws is not held to
be fo rigorous. For the Legiflators, or thofe
who firfl introduced Rules for Mankind to adt
by, making it their Defign to promote the Safe-
ty and common GWofMen, mud regularly be
lu'ppofed to have had before their Eyes the Con-
dition
Ch. V. according to the Law of Nature, 85
dition of Human Nature^ and to have confide-
red how impojjihle it is for a Man not to lliun and
keep off all Things that tend to his own T)e*
ftruEiion, Hence thofe Laws efpecially, called
Pofitive^ and all Human Inftitutions are judg-
ed to except Cafes of Necejjity ; or, not to
oblige, when the Obfervation of them muft
be accompanied with fome Evil which is de-
ftruBive to Human Nature^ or not tolerable to
the ordinary Conftancy of Men •, unlefs it be ex-
prefsly fo ordered, or the Nature of the Thing
requires, that even that alfo muft be undergone.
Not that 'NtctiTity juftifes the Breach of a Law
and Commiflion of Sin ; but it is prefumed,
from the favourable Intention of the Legiflatprs,
and the Confideration of Man's Nature, that
Cafes of Neceffity are not included in the general
Words of a Law. This will be plain by an
Inftance or two.
(I.) Though ptherwife Man have no fuch XX VT.
Power over his own Members, as that he may^^^'^'^^^'
lofe or maim any of them at his pleafure ; yet ^ n N^'
he is juftifiable in cutting off 3. gangren'd Limb, 1/2. c.6!
in order to fave the whole Body -, or to preferve § 3.
thofe Parts which are fund ; or left the other
Members be rend red ufelefs by a dead and cum-
berfome Piece of Flelli.
(II.) I F in a Sbipwrack more Men leap into XXVII.
the Boat than it is capable of carrying, and no ^"^ ^^fi ^^
one has more Right than another to it ; they-^'*'^^ "^^'
may draw Lots who fhall be caft overboard *,
and if any Man fliall refife to take his chance,
Jie may b^ thrown over without any more adp,
as one that feeks the Deftrudlion of alL
(III.) I F two happen into imminent Danger XXVIII,
of their Lives, where both muft perifti ♦, one ^"^ ^^f*
G 3 may.
85 The whole Duty of Man^ Book 1.
tens the may, as he fees good, haften the Death of the
Death of other, that he may fave bimfelf. For inftance,
fZfh'im- ^^ ^' ^^^ ^^ ^ ^^^^^^^^ Swimmer, Ihould fliU
A// into fome deep Water with another who could
L. N. N. not fwim at all, and he clings about me *, I
1. a. c. 6. not being ftrong enough to carry him off and my
^* fi¥ ^^^' -'■ "^^y P^^^ ^'^^ ^^ ^^^^ fone^ that I
may not be drowned together with him ; tho'
I might for a little while be able to keep him
up. So in a Shipwrack, if I have got a Plank
which will not hold two^ and another fhall en-
deavour to get upon it, which if he does, we
are hoth like to be drowned, I may keep him
off with what violence I pleafe. And fo if tivo
be puriiied by an Enemy meaning to kill them,
one may, by Ihutting a Gate or drawing a
Bridge after him, fecure hi?nfelf^ and leave the
other in great Probability of lofmg his Life, fup-
pofing it not to be pofTible to fave hoth.
XXIX. (IV.) Cases alfo of Necejfity may happen,
Another where one may indire^fly put another in Danger
deproyed of Beath^ OY fome great Mifchief, when at the
7he Tam'^ ^^YVit time he means no harm to the Pcrfon *,
€»4, but only, for his own Prefervaiion, he is forced
upon fome A6lion which probably may do the
other a Damage ; always luppofing that he had
rather have chofen any other Way, if he could
have found it, and that he make that Damage
Si5 little zs he can. Thus, ifaftronger Man
than I purfues me to tak^e away my Life, and
one meets me in a narrow Way thro' which 1
muft flee, if, upon my Requeft, he will not ftand
out of the Way, or he has not time or room fo
to do, I may throv/ him down and go over h^m^
tho' it be very likely that by the Fall he will
be very much }iprt j except he Ihould be one
who
Ch. V. accoYdi7ig to the Law of Natt rel 87
who has fuch peculiar Relation to me, [fuppole
my Parejit^ King, &c.] that T ought for his
Sake rather to furrender my felf to the Danger.
And if he who is in the Way cannot, upon my
fpeaking to him, get out of the Way, fuppole
being lame or a Child, I Ihall be excufed who
try to leap over him, rather than to expofe my
felf to my Enemy by delaying. But if any one
fhall, out of Wantonnefs or crofs Hinnour, hinder
me or deny to give me the Liberty of efcaping, I
may immediately by any Violence throw him
down, or put him out of my Way. And thole
who in thefe Cafes get any Harm, are to
look upon it not as a Fault in the Perfon that did
it, but as an unavoidable Misfortune.
(V.) Ira Man, not through his own Fault, XXX.
happen to be in extreme Want of Visuals and ^^f" "/
C/^^/^jneceflary to preferve him from the Cold, ^J^^*
and cannot procure them from thofe who are l. n. N
wealthy and have great Store, either by Intrea- 1. 2. c. 6^
ties, or by offering their Value, or by propofing $ 5 •
to do Work equivalent •, he may, without being
chargeable with neft or Rapine, furnifli his Ne-
celTities out of their Abundance, either by force
or fecredy, efpecially if he do fo with a JDefign
to pay the Price, as foon as he fliall have an
Opportunity. For it is the Duty of the opulent
Perfon to fuccour another who is in fuch a Jteedy
Condition. And tho' regularly what depends
upon Courtefie ought by no means to be extorted
by Force, yet the Extreme Necefftty alters tlie Cafe,
and makes thcfe Things as clai?nab!e, as if they
were ablolutely due by a formal Obligation.
But it is firft incumbent upon the NecelTitous Per-
fon to try all Ways to fupply his Wants with the
Confent of the Owner, and he is to take care that
G 4 the
88 The Whole Duty of Man^ Book I.
the Owner be not thereby reduced to the fame
Extremity^ nor in a little time like to be fo ;
and that Reftitution be made •, * efpecially if the
Eftate of the other be fuch as that he cannot
well bear the Lofs.
XXXI. (VI.) Lastly, the Necejfity of our own
Defiroying Affairs feems fometimes to juflifie our deftroying
Men's th^ ^^^^'^ of other Men ; i/ Provided flill, that
Goods to we do not bring fuch NecelTity upon our felves
faveouT by our own Mifcarriage : 2. That there cannot
cwn, ]-)£ any better Way found : 3. That we caft not
1 '2 c 6 ^^^y ^^^^ of our Neighbours which is of greater
§ 8.' ' * J^ake^ in order to faye our own which is ofkfs:
4. That we be ready to pay the Price^ if the
Goods would not otherwife have been deftroyed,
or to bear our Ihare in the Damage (done, if the
Cafe were fo that his mufl: have perifhed together
with ours^ but now by the Lofs of diem ours are
preferved. And this fort of Equity is generally
found in the L^'zx'-Merchant. Thus in cafe of
Fire^ I may pull down or blow up my Neigh-
bour's Houfe, but then thofe whofc Houfes are
by this means faved, ought to malve good the
Damage proportionably. /
* See Grktlus de Jure Belli Qp Pacij^ lib. 2. cap. 2.
$ 6. Ub. I,, cap, 17. $ I, 2,feq. '
Chap,
Ch. YI. according to the Law of Nature. 89
c H A P. vr.
of the Duty of one Man to another^ and
firft of doing no Injury to any Man.
WE come now to thofe Duties which T.
are to be pradis'd by one Man to- ^1%]''^/
wards another. Some of thefe proceed from ^^^'5^^^")^
that conunon Obligation which it hath pleas'd the
Creator to lay upon all Men in general ; others
take their Original from fome certain Human
Injlitutions^ or Ibme peculiar^ * adventitious or
accidental State of Men. The firft of thefe
are always to be pradis'd by every Man to-
wards all Men ; the latter obtain only among
thofe who are in fuch pecidiar Condition or State.
Hence thofe may be called Jhfolutey and thefe .
Conditional Duties.
Among thofe Duties we account Ahfolute^ n.
or thofe of every Man towards every Man, ^^ '^!°^^
this has the firft Place, f that one do no Wrong ^^ n.'' n!
to the other \ and this is the ampleft Duty ofl. 3. c. i.'
* This Status adventitius is that State of Life we
come into in confcqucnce of fome Human Confiitution \
whether we enter into it at our Birth immediately, or whe-
ther it happens after our Birth, Such are, for example,
all thofe Conditions of Life where the Duties and Rela-
tions are reciprocal ; fuch as a Parent and his Chlldi an
"Husband SLnd' a Wife\ a Majier and a Servant^ a, Sove-
reign and his SuhjeB. &:c.
t See Grot'ius de J^ure Belli ^ PaciSi lib. 2. and th^
whole 17th Chapter.
all
90 The whole Duty of Man ^ Book I.
all, comprehending all Men as fuch ; and it is
at the fame time the moft eafy^ as confifting only
in an Oniijfion of a6ling, unlefs now and then
when unreafonable Defires and Lulls are to be
curbed. It is alfo the moft necejfary\ becaufe
without it Human Society cannot be preferv'd.
For I can live quietly with him that does me no
Goody or with whom I have no manner of Cor-
refpondence, provided he doth me no Harm.
Nay this is all we defire from the greatcft Part
of Mankind ; the doing mutually good Offices
lying but among a few. But I can by no means
live peaceably with him that wrongs me •, Na-
ture having inftilled into every Man fuch a
tender Love of himfelf and what is his own^
that he cannot but by all poflible means repel
thofe Men who fhall make any Attempt upon
one or t'other.
III. By this Duty are fenced not only what we
So to do a ]i'^Yt by the Bounty of Nature -, fuch as our
^''""''* Laws, Bodies, Limbs, Chaftity, Liberty ; but
whatfoever by any Human hftitution or CompaM
becomes our Property ; fo as by this it is for-
bidden to take away, fpoil, damage, or with-
draw, in whole or in part, from our \]k^
whatfoever by a lawful Title we are poffefs'd
of Whence all thofe A6lions arc hereby made
Crimes, by which any Wrong is done to others,
^s Murther, Wounding, Striking, Rapine,
Theft, Fraud, Violence, whether pradis'd di-
redly or indiredly, mediately or immediately,
and the like.
TV. Farther, hence it follows. That if any
Rep^rrati- Harm or Damage he done to another ^ he who is
*"* ^/ iridy chargeable as Author of the Wrongs oughts
as
Ch. VI. GCCOYdlng to the Law of Nature. 91
as far as in him Ues^ to make Reparation : For VVron^ a
otherwife the Precept would be to no purpofe, ^^^^J^^y
That no Man fhall be hurt nor receive damage ; JJ/nce
if when he has a6lually fuftain'd a Mifchief, h^from
muft put it up quietly, and he who did the In- thence.
jury fhall enjoy j^r^rd"/); the Fruit of his Violence
without Reparation. And fetting afide this Ne-
cej/ity of Refilution, the Pravity of Man's Nature
is fuch, that they would never forbear injuring
one another, and it would be very hard for him
who has fuffered Wrong, to compofe his Mind
fo as to live peaceably with the other, till Repa-
ration were made.
T H o' the Word Damage may fecm proper- V,
ly to belong to Lofs in Goods, yet we take it "^^^^g"
here in the large Senfe, that it may fignifie all ^auoJnteL
Manner of Harm^ fpoiling, diminijhing, or ta- l. N. n!
king away what is already ours, or intercepting 1. h c. u
that which by an ahfohte Right we ought to have, 5 3»
whether it be beftowed upon us by Nature, or
given us by Man and Human Laws •, or laftly,
the Omijfwn or Denial of paying what by a per-
f5l Obligation is due to us. But \{ fuch Pay-
ment only be flopt, as was not due by any per-
fe5l Obligation^ it is not looked upon as a Da-
mage that ought to be made good : For it
would be unmeet to account it a Wrong fuffered
if I receive not fuch Stipends -, and unreafonable
for me to demand as my Rights what I cannot
exped from another but under the name of a
Free Gift^ and which I can by no means call my
pzvn, till after I have received it.
U N D E R the Head of Damage liable to Re- VT.
paratlon, we muft alfo comprife not only a Mif- P^^^S^
chief, JLoIs or interception or what is ours or due ^^-^^^^
to us •, but alfo fuch Profits as do naturally ac-
crue
92 The Whole Duty of Man^ Book I.
€rue from the Thing, or have already accmed,
or may fairly be expeBed^ if it was the Right of
the Owner to receive them ; allowing flill the
Expences neceflary for gathering in fuch Profits.
Now the Value of Profits^ thus in Expectation
only, is to be high or low, according as they
are certain or uncertain, and will be fooner or
later received. And laftly, that alfo is to be
called Damage^ which upon a Hurt given, does
of Natural NecelTity follow thereon.
VII. One Man may damnifie another not only
Damage ifnmcdtately or by himfelf^ but alfo by others:
7^immedi- ^^^ ^^ ^^"^Y ^^^PP^" ^^^^t a Damage immediately
ately done, done by ofie Man may be chargeable upon ano-
L. N. N. iher, becaufe he contributed fomewhat to the
1. 3. c, 1. A(5|^ion, either by doing what he ought not, qr
^ "^^ not doing what he ought to have done. Some-
times :imong feveral Per/on s who concurred to
the fame Fa6l one is to be accounted the Prin-
dpal^t others but Accejfaries *, fometimes they
may all be equally Parties. Concerning whom
it is to be obferved, that they are fo far obliged
to repair the Wrong as they were indeed the
Caufes thereof, and by fo much as they contri-
buted to doing All or Part of the Damage. But
wliere any one did not adlually aiTift in the Tref-
pafs committed •, nor was antecedently a Gaufe
of its being done, nor had any Advantage by
it •, there, diough upon Occafion of the Injury
done, he may be hlatne worthy.^ yet he cannot be
any ways obliged to RejTitution : And of this
Sort are fiich as rejoyce at their Neighbour's Mis-
fortunes, fuch as commend the Com million of
Outrages, or are ready to excufe them, whp
v^iJJj or favour tlie Practice of them, or who
fi alter the Adors therein.
Where
Ch* Vl. according to the Law of Nature. 9 j
Where many have joined in an Adlion VIII.
from whence Damage has come, he in the firji '^^^^gc
place fhall be chargeable with Reparation^ by J^^ ^
whole Command or powerful Influence the others L. N.' N.
were put upon the Adion *, and he who imme- K'3. c. j.
diately perpetrates the Thing, to which he could ^ 5«
not decline his helping Hand, fhall be eiteemed
but only as the Inftrument. He who without
any conftraint concerned himfelf in the Enterprize
fhall be chiefly liable^ and then the reft who af-
fifted in it. But this fo, as that if Reftttution
be made by the former, then the latter are
cleared, (which in Renal Cafes is otherwife.) If
many in Combination have committed an Injury,
all are obliged for each one fingle, and each
one fingle is obliged for all ; fo as that if all
are feized, they muft each pay their Shares to
make good the Lofs *, and if all efcape but one,
he fhall be obliged to pay for all ; but where
fome amongft them are infolvent, thofe who are
able muft pay the Whole. If many, not in Com-
bination^ concur to the fime Thing, and it can
plainly be difcerned how much each of them con-
tributed to the doing of the Mifchief ; each
fhall only be accountable for fo much as hinifelf
was the Caufe of But if one fall pay the whole,
they are all difharged for the fame.
Not only he who out of an evil Defign does ix,
wrong to another, is bound to Reparation ofDama^e
the Damage, but he who does fo thro' Negli- h ^^g^i-
gence or Mifcarriage^ which he might cafily l^^^^'^ j^
have avoided. For it is no inconfiderable Part 1/3. J. 1.'
offocial Duty^ to manage our Converiation with § 6.
fuch Caution and Prudence^ that it does not be-
come mifehievous and intolerable to others ; in or-
der to which, Men under fome Circumftances
and
P4 *The Whole Duty of Man^ Book L
and Relations, are obliged to more exad and
watchful diligence : The {lighted Default in this
point is fufficient to impofe the NecefTity of Re-
faration •, unlefs the Fault lay rather more in
him who was harmed, than in him who did it *,
or unlefs fome great Perturbation of Mind, or
fome Circumftance in the Matter, would not
allow the mod deliberate Circumfpe6lion •, * as,
when a Soldier in the Heat of Battle in handling
his Arms fliall hurt his Comrade.
X. B u T he who by meer Chance^ without any
Dtfw^g^ Fault of his own, fhall do Harm to another, is
^ ^^^^' not obliged to Reparation, Becaufe nothing in
this Cafe being done which can be chargeable
upon him, i" there is no Reafon, why he who
;^;i';x'f//i;2^/>' did a Mifchief fhould rather fuffer,
than he to whom it was done.
XI. I T is alfo agreeable to Natural Equity, if
?!""'y^/- ''^y ^^JI^^^ though not by my Defire, do
fal Wrong to another, that either I make it good,
or furrender him to the Party injured. For 'tis
true, this Vaffal is naturally obliged to Repara-
tion •, but he not having wherewith, and his
Body being the Property of his Patron, it is but
juft that fuch Patron either repair the Lofs fuf-
tained, or deliver him up. Otherwife fuch a
Bond-man would be at liberty to do what Mif-
chief he lifted, if Amends cannot be had from
him^ becaufe he is the Owner of nothing, no
not of the Body he bears ; nor from his Patron.
For, let him beat the Slave never fo feverely,
or punilh him with the clofeft imprifonment.
* See Gvotius de Jure Belli & Pads, lib. 3. r. i. $ 4.
t See GrotiifS de Jure Belli & Pads, lib, 3. M^"' ought to take from us all Pride •,
fufficient a Vice that confifts herein, When a Man,
Remedy without any Reafon, or, without fufficient
^tfj/ Reafon, prefers himfelf to others, behaving
L^'n' N ^^^""^^^If contemptuoufly and haughtily towards
l.V c.. i'. them, as being in his Efteem bafe Underlings,
^ 6. unworthy of his Confideration or Regard. We
fay, zvitbout any Reafon. For where a Man is
regularly pofieft of fome Rights which gives
him a Preference to other Men •, he may lawfiilly
make ife of., and affert the fame, fo it be without
vain Oftentation and the Contempt of others •,
as on the contrary every one is with good reafon
to yield that Refpe^t and Honour which is due to
another. But for the Reft, true Generofity has
always for its Companion a decorous Humility^
which
CIi. VII. according to the Law of Nature. i o i
which arifes from a Refle6lion on the Infirmity
of our Namre, and the Faults, of which our
felves either have been, or may hereafter be
guilty, which are not Icfs heinous than tliofe
which may be committed by other Men. The
Inference we ought to make from hence is, that
we do not over-value our felves with regard to
others, confidering that/Z?^v equally with us are,
endowed with a free Ufe of their Underftandino^^
which they are alfo capable of managing to as
gcod Purpofe -, the regular Ufe whereof is that a-
lone which a Man can call his own^ and upon
w^hich the true Value of Himf-^lf depends. But '
for a Man, without any Reafon, to fet a high
efleem upon himifelf, is a mofb ridiculous Vice ',
firft, becaufe 'tis in it Mffdlv^ for a Man to
carry it high for nothing at all -, and then, be-
caufe I mufl fuppofe all other Men to be Cox^
combs, if I expe6l from them a great Regard,
when I deferve none.
The Violation of this Duty is yet carried vi.
farther, if a Man fliew his Contempt of another Avd a-
by outward Signs, Anions, Words, Looks, v^'^^^l/^
or any other abufive way. And this Fault is *^anne7lv
therefore the more grievous, becaufe it eafily ex- ajid con-
cites the Spirits of Men to Anger and Revenge : tempmus
So that there are many who will rather venture ■B^^-'^^''-
their Lvves upon the fpot, much more will they ^^'-^ 27:
break the Publick Peace, than put up an ^A /. '3. c,' 3/
front of that nature ; accounting that hereby % 7.
their Honour is wounded, and a Slur is put up-
on their Reputation, in the untainted Preferva-
tion of which confiits all their Self-fatisfaclion
and Fleafure of Mind.
H 3 Chap.
'fi":g ' fbe Whole Duty of Man^ Book I.
Chap. VIII.
Of the mutual Duties of Humanity.
I. ^ A MONG the Duties of one Man towards
l^ohg " jf\ another, which mull be pradis'd for the
^others^ fake of Common Society^ we put in the third
t. N.* N. place this, That every Man ought to promote the
1. 3. c. 3, Good of another y as far as conveniently he may,
* For all Mankind being by Nature made, as it
were, akin to each other •, fuch a. Relation re^
quires more than barely abftaining from offering
Injury and doing Defpight to others. It is not
.therefore fufficient that we neither hurt nor de-
fpife our Fellows, but we ought alfo to do fuch
good Offices to others, or mutually to commu-
nicate the fame, as that common brotherly Love'
may be kept up among Men. Now we become
beneficial to our Neighbour, cither indefinitely
or definitely *, and that either parting "^lih-fome-
thing or nothing our felves.
IT. That Man indefinitely promotes the Good
Benefac Qf others, who takes fuch neceffary care of his
%fl: Sort! ^^^^^ ^^^ Body^ that he may be able to perform
X. N. ^. ^^ch Adions as may be profitable to his Neigh-
1. 3. c. 3. bour ; or who by the Acutenefs of his Wit finds out
§ ^' ibmething that may be of Advantage to Man-
kind. So that thofe are to be accounted guilty
of a Breach of this Duty, who betaking them-
felves to no honeft Calling fpcnd their Lives in
Sloth, as if their Souls were given them but to
ferve as Salt to keep their Bodies fro^i fcinking,
i2r as if they were born but to make up a Num-
ber,
Ch. VIII. according to the Law of Nature. i o 3
ber, and eat their Share : And fuch as, being
content with the Eftates their Anceftors have left
*em, think they may give themfelves up to Idle-
nefs without blame, becaule they have where-
on to live by the Induftry of others : And thole
who alone enjoy what they have got, not be-
llowing any Part upon others : Finally, all
thole who, like Hogs, do Good to no one till
they die ; and all that Sort of Wretches who
only ferve to load the Earth with their ufelels
Weight.
On the other fide, to thofc who make it III.
their Bufinefs to deferve well of Mankind, the ^^^^ ^^'
Reft of the World owe thus much, that they ^^*'^^ ^^**
don't envy em, nor lay any Rubs in their way, „iake
while by their noble Adlions they feek the Uni- them-
verfal Good : And if there be no PofTibilityfor/^'^'^-' «>
themfelves to hnitate 'em, they at leaft ought ^^ p^n^^^
pay a Regard to their Memory and promote their ^ n. N,
Honour^ which perhaps is all they fliall get by 1. 3. c 3.
their Labours. ^ 3»
Now not to do readily all that Good to others VI.
which we can do without Detriment, Labour, ^'^^<^ «'^«
or Trouble to our felves, is to be accounted de- *° ^^^^^^
teftable Villany and Inhumanity. The follow- ^^^
ing are wont to be called Benefits which coft no- charge or
things or which are of Advantage to the Re- ^ofi to the
ceiver, without being a Charge to the Beftower. ^^»^f^<^:
Such as, to allow the Ufe of the running ^^'
Water j the letting another light his Fire by
mine ; the giving honeft Advice to him that
fonfults me ; the friendly Diredling a wan-
dring Man to the right Way, and the like.
So, if a Man have a mind to quit the Pof-
feffion of a Thing, either becaufe he has too
much, or" becaufe the keeping of it becomes
H 4 trouble-
ic4 The Whole Duty of Man ^ Book I.
troublefome, why niould he not rather leave
it fit for Ufe to others, (provided they are not
Enemies) than to mar or deflroy it ? Hence
it is a Sin for us to fpoil Vitluals^ becaufe our
Hunger is fatisfied ; or to flop up^ or cover a
Springs becaule we have quenched our 'Thirft^
or to deftroy Buoys let up to difcover Shelves
* Infcri- and Sands, or * Mercuries in Roads, when our
bed Pofts feives have made ufe of them. Under this
Hiahways ^^^^ ^^7 be comprehended alfo the little Alms
todired beftow'd by the Wealthy upon thofe who are
Travel- in Want ; and that Kindnefs which we juftly
lers. f}iev^^ t;Q q'ravellers^ efpecially if under Necelli-
ties, i* and the like.
V^ But it is a higher Degree of Humanity,
Good done out of a finguiar Favour to do a good "turn
to others freely^ which cofls either Charge or Pains^ that
^ithan ^^^ another may either have his Neceflities re-
iheBene- li^v^d, or acquire fome confiderable Advan-
faBor, tage. And thefe, by way of Excellence, are
L. ^. K. called Benefits^ and are the fitted Matter for
1. 5. c. 3. rendring Men Illuftrious, if rightly tempered
^ ' " with Prudence and Magnanimity. The Bif-
penfation of which, and the Manner^ are to be
regulated according to the Condition of the Gf-
*ver and Receiver,' Wherein Care is firft of all
to be taken ; i . Hoat the Bounty we are about to
exercife do net more Hurt than Good to the Per-
fon to whom we deftgn a Kiiidnefs^ and to others :
Next, 2. ^hat our Bounty he not greater than
conftfts with cur Ability: Then, 3. nat the
'i^orthinefs of Men he regarded in our Diftri-
t See Grotlus de Jure Bflli &* Facis^ lih, 2. caf. |.
i%uu,{^q: ' ' ■ '(■■'.'
button^
/
Ch. VIII. according to the Law of Nature. 105
huticn^ and Preference given to the Well-deier-
ving. We muft therefore confider how far each
ftands in need of our Help, and obferve the
Degrees of Relation among Men ; moreover,
^tis to be obferv'd what every one wants moil,
and what they can or cannot compafs with
or without our AJfiflance. * The Manner alio
of exercifmg A6ls of Kindnefs will render them
more acceptable, if they be done chearfully^
readily^ and heartily.
And then he who receives a Benefit ought VJ.
to have a grateful Mind., by which he is to l^'^n "n*
make it manifeil, that it was acceptable to him, 1/2. c. g*
and that for its fake he has a hearty Refpe5li(>,
to the Donor, and that he wants nothing but
an Opportunity or an Ability of making, if pof-
fible, a Requital of the full value or more.
For it is not abfolutely neceiTary that the Re-
turns we make be exaBly tantamount to the
Courtefy we receive, but our Good-will and
hearty Endeavour are in lieu to be accepted.
Not but that fometimes he who pretends to
have done me a Kindnefs, may, notwithiland-
ing, have no Reafon to fay, he has obliged me
thereby ; as if a Man ihall drag me out of
the Water, into which he puilied me before j
in fuch a Cafe I owe him no thanks.
Now by how much the more Benefits are IVIT,
apt to oblige and place Engagements on the Thankff
Minds of Men, by fo much ought the Party
who is beholden to be the more eager to return
his ^anh. If it be but becaufe we ought not
* (^rpiits 43 Jure feV & Pach^ Lib. 2, Cap. 5.
^ P9
lo6 7he Whole Duty ofMan^ Book L
to fufter our Benefadtor, who out of a good
Opinion he had of us has done us a Kindnefs,
to think worfe of us ; and becaufe we fhould
not receive any Favour, but with a Defign to
endeavour.^ that the Giver Ihall never have
Caufe to repent of what he has done for us.
For, if for any particular Reafon we are not
wilHng to be beholden to fuch or fuch a Man,
we may civilly avoid the Accepting of the
Courtefy, And truly if no grateful Returns
were to be made upon the Receipt of Bene-
fits, it would be unreafonable for any Man to
caft away what he has, and to do a good
Turn where beforehand he is fure it will be
flighted. By which means all Beneficence,
Good -Will, and Brotherly -Love would be loft
among Men ; and there would be no fuch
things as doing Kindneffes frankly^ nor any Op-
portunities of procuring mutual Friendjhips^ left
in the World.
VI IT. And though the ungrate fid Man^ cannot be
Xngrati^ precifely faid to do a Wrong ; yet the Charge
lI N N °^ Ingratitude is look'd upon as more bale,
l.Vc. 5.' more odious, and deteftable than that of In-
J 17. jufiice *, becaufe 'tis judged a Sign of an ah-
je5i and rafcally Soul for a Man to fhew him-
felf unworthy of the good Opinion, which a-
nother had entertain'd of his Probity, and not
to be mov'd to fome Senfe of Humanity by
Benefits, which have a Power to tame even
the Brutes, But, let Ingratitude be never {o
abominable, yet fimply confidered, as it is a
bare Forgetting of a Courtefy, and a NegleEl
of making a due Return upon occafion, Courts
of Judicature take no cognizance of it ; for
it would lofe the Name of Bounty, jf it were
rcdeman-
Ch. VIII. according to the Law of Nature. 107
redemandable by Law, as Money lent is ; be-
caufe then it would be a Credit. And where-
as it is a high Inilance of Generofity to be
grateful, it would ceafe to be a generous A(5li-
on, when fo to do could not be avoided. Be-
fide that it would take up the Bulinefs of all
Courts, by reafon of the great Difficulty in
making an Eftimate of all the Circumftances,
which either would enhance or leflen the Be-
nefit : And that it was to this End I be-
ftow'd it, (to wit, that I did not therefore de-
mand a Promile of Repayment,) that fo the o-
ther might have an Occafion of fhewing his
Gratitude, not for Fear of Punifhment, but
out of Love to Honefty ; and to manifell,
that it was not in Hopes of Gain, but only
out of mere Kindnefs that I was liberal of
that, which I would not take care fhould be
reimburs'd to me. But for him who improves
his Ingratitude^ and not only gives no thanks
to, but injures his Benefador ; * this fhall
caufe an Aggravation of his Punijhment^ becaufe
it plainly demonftrates the profligate Villany
and Bafenefs of his Mind.
* Seq Gr otitis He J me Belli QP Pacisy Lihf z. Cap, z,o.
§ 20.
C H A ?.
1 08 The Whole Dutj of Man, Book I.
Chap. IX.
The Duty of Men in making Contrails.
I. in R O M the Puties Abfohte to thofe that are
ContraBs. Jj Conditional we muft take our PaJJage^ as it
were, through the intermediate Contrails •, for,
fmce all Duties, except thofe already mentioned,
feem to prefuppofe fome Covenant either ex-
prefsed or implied ; * we fhall therefore in the
next place treat of the Nature of Contra^s^ and
what is to be obferved by the Parties concerned
therein.
II. Now it is plain that it was abfolutely necejfary
The Ne- for Men to enter into mutual Contra^s. For
cfijjity of |;hQugi^ x\\t Duties of Humanity diffufe themfelves
far and near thro* all the Inftances of the Life
of Man •, yet that alone is not Ground fufficient,
whereon to fix all the Obligations which may
be neceffary to be made reciprocal between one
and another. For all Men are not endowed
with fo much Good Nature as that they will do
all good Offices to every Man put of meer Kind-
nefsy except they have fome certain Expedlation
of receiving the like again : And very often in
happens, that the Services we would have to be
done to us by other Men are of that Sort, that
we cannot with Modefty defire them. Frequent-
ly alfo, \\. may not become one of my Fortune,
* Compare herewith the whole Eleventh Chapter of
the Second Book of Grotita de Jnre^ Sec.
or
Ch. IX. according to the Law of Nature. 109
or in my Station, to be beholden to another for
fuch a Thing. So that many times another can*
not give, neither are we wilUng to accept, un-
lefs that other receive an Equivalent from us ;
and it happens not feldom, that my Neighbour
knows not how he may be ferviceable to my oc-
cafions. Therefore, that thefe mutual good Of-
fices^ which are the Product of Sociality, may
be more freely and regularly exercifed, it was
neceffary that Men fhould agree among them-
felves, concerning what was to be done on this
fide and on that, which no Man from the
La'H' of Nature alone could have afTured himfelf
of So that it was beforehand to be adjufted
what, this Man doing y^? by his Neighbour, he
was to expe6t in lieu of the fime, and which he
might lawfully demand. This is done by means
of Promifes and Contra^s.
With refped to this general Duty it is an * m.
Obligation of the Law of Nature, that every Veracity.
Man keep his Word, or fulfil his Promifes and L- N. N.
make good his Contradts. For without this, a l'^* ^' **
great Part of that Advantage, which naturally
accrues to Mankind by a mutual Communication
of good Offices and ufeful Things, would be
loft. And v/ere not an exadl Obfervance of
one's Promife abfolutely ncceffary, no Man could
propofe to himfelf any Certainty in whatever he
defign'd, where he muft depend upon the Affif-
tances di others. Befides that Breach of Faith is
apt to give the jufteft Occafions to Quarrels and
Wars, For if, according to my Agreement, I
perform my Part, and the other falfifie his Word,
whatfoever I have done ox depofited in Expedlation
of his Performance, is lofi. Nay, though I
have done nothing as yet, yet it may be a Mif-
chief
no The M^hole Duty ofMan^ Book I.
chief for rhe by this Difappointment to have my
Affairs and Purpofes confoimdedy which I could
have taken care of fome other way, if this Man
had not offered himfelf. And there is no reaibn
I Ihould become ridiculous, only for having
trufted one whom I took to be an honeft and a
good Man.
IV. But it is to be obferved, that fuch Things
DifiinHL as are due to me only ofCourtefie, differ from
J" ' thofe which I can claim on account of a Contra^
luhat is o^ Promife^ in this refpe6t chiefly : That, 'ds
due on true, I may fairly defire the honeft Performance
CouYtefy of the firft : But then, if the other fhall neg-
Zt^'Zd^^^ my Requeft, lean only charge him with
what by R^idenefs^ Cruelty or hard dealing ; but I cannot
f articular compel him to do me reafon either by my own
ContraH Power or by any fuperior Authority. Which I
L^K^^i^"^ at liberty to do in the latter Cafe, if that be
] ' p^ / not freely performed which ought to have been
* according to an ahfoliite Promife or Covenant. *
Hence we are faid to have an imperfe^ Right to
thofe things, but to thefe our Claim is perfect ;
as alfo that to the Performance of xht firft we lie
under an imperfeB^ but to the other under a^^r-
feB Obligation.
V. Our Word may be given, either by 2.fingle
Cbligatl' j{^^ where one Party only is obliged ; or by an
ons diffe- ^^ reciprocal where more than one are Parties.
L.'^N. N. ^^^ fometimes one Man only binds himfelf to do
J.* 3. c. 5. fomewhat j fometimes twoov more mutually en-
gage each other to the Performance of fuch and
fuch things. The former whereof is called a
Proinife^ the latter a Covenant or Contra^.
* See GvQt'iui de Jure Belli d» Fads, Lib. u cap, u
§ 4. f^n^
Promises
Chap. IX. according to the Law of Nature. 1 1 1
Promises may be divided into imperfect VI.
and perfe^i. The former is, when we mean in- ?^'^^f^i
deed to be obliged to make good our Word l? N? n1
to him to whom we promife; but we intend l/ 3. c. 5
not to give him a Power o^ requiring it, or of§ 6.
making ufe of force to compel us to it. As, if
I fay thus, I really defign to do this or that for
you, and I defire you'll believe me. Here I
feem more obliged by the Rules o^ Veracity than
of Juftice •, and fliall rather appear to have
done the promifed Service out of a Regard to
Conftancy and Difcretion^ than to Right. Of
this Sort are the AfTurances of great Men who
are in favour, whereby they Jerioujly^ but not up-
on their Honours^ promife their Recommenda-
tion or IntercefTion, their Preferring a Man, or
giving him their Vote, which yet they intend
fhall not be demanded of them as Matters of
Rights but defire they may be wholly attributed
to their Courtefie and Veracity *, that the Service
they do may be fo much the more acceptable,
as it was uncapable of Compulfton.
But this is called a ferfe5l Promife, when VI L
I not only oblige my felf by my Word, but I '^^(^^[fe
give the other Party Authority to require at my t^^J^^-
hands the Performance of what I ftipulated, as
if 'twere a Debt.
Moreover, that Promifs and Contrails VIIT,
may have a full Obligation upon us to give and ^oObUsra^
to do fomewltat, which before we were at liber- *^lf '^^^^^^
ty not to have done •, or to o?7iit that which we tary Con-"
had a Power to do, 'tis efpecially requifite i\iz.ifer.tof
they be made with omx free Confent. For where- P^^ti^i i^
as the making good of any Promife or Contrail ^ ''n '^N
may be accompanied with fome Inconvenience, 1. ^ c. (f,
there can be no readier Argument why we fhould
not
1 1 1 The Whole Duty of Man^ Book L
not complain y than that we confcnted thereto of
our own accord, which it was in our power not
to have done.
IX^ And this * Confent is ufually made known
Confent by outward Signs ^ as, by Speakings Writings a
exprefs or ]^od^ ov the like •, tho' fometimes it may alfo be
I'^N K P^^^^^y intimated without any of them, accord-
1/3. c. 6.' ^^o ^^ ^^ Nature of the thing and other Cir-
$ 16. cumftances. So Silence in fome Cafes, and at-
tended with Tome Circumftances, pafles for a
Sign expeffing Confent. To this may be attri-
buted thofe tacit Contra^s^ where we give not
\ our formal Confent by the Signs generally made
ufe of among Men •, but the Nature of the Bufi^
nefs, and other Circumftances make it lairly
fuppofable. Thus frequently in the prmcipal
Contract, which is exprefs^ another is- included
which is tacit ^ the Nature of the Cafe fo requir*
ing : And it is ufual, in moft Covenants that
are made, that fome tacit Exceptions and imply d
Conditions muil of necefTity be underftood.
X B u T to render a Man capable of giving a
Mocapa- ^^Y^^^ Confent, 'tis abfolutely requifite, that he
f^'^^^f'^'have ib far the Ufe of bis Reafon, as fully t6
/fwf. under/land the Bufinefs that lies before him, and
L. N. N. to know whether it be meet for him, and whe-
1. $. c. 6. j-j-^gj. ij- \[q jj-j j-^jg Power to perform it ; and having
^ ^* confider'd this, he rftud be capable of giving
fufficient Indications of his Confent. Hence it fol-
lows, that the Contrails and Promifes of Idcots
and Mad??ien (except fuch whofe Madnefs admits
of lucid Intervals) are null and void : And the
* See Grotius de Jure Belli &> Pads, Lib. II. Cap. 4>
5 4,L/6. III. c, I, J, 8. c. 24, ^. I, r,
fame
Cii. IX. accotding to the Law of Nature. iii
fame mull be faid of thofe of Drunken Men, !-• N. N.
if they are befotted to that degree as that ^ J* ^' ^*
their Reafon is overwhelm'd and ftupify'd.
For it can never be accounted a real and
deliberate Confent, if a Man^ when , his Brains
are diforder'd and intoxicated, fhall on a.
fudden and rafhly make foolifh Engagements,
and give the ulual Demonftrations of Confent,
which at another time would have obliged him :
and it would be a Piece of Impudence for any
Man to exadl the Performance of fuch a Pro*
mife, efpecially if it were of any confiderable
weight. But if one Man fhall lay hold on the
Opportunity of another's being drunk, and
craftily making an advantage of his Eafmefs of
Temper under thofe Circumftances, fhall pro-
cure any Promife from him, this Man is to be
accounted guilty of a Cheat and Knavery : Not
but that, if, after the Effedls of his Drink are
over, he fhall confirm fuch Promife, he fhall
be obliged ; and this not with regard to what
he faid when drunky but to his Confirmation
when fober.
A s for Confent in young Perfons^ it is impof- ^^ ^^* .
fible for the Laws Natural to determine fo nice- younnper*
iy the exa^l Itme how long Reafon will be too fons.
weak in them to render 'em capable of making L. N. N.
Engagements ; becaufe Maturity of Difcretion ^* 3« ^» ^*
appears earlier in fome than in others \ Judg- ^ ^
ment therefore mufl be made hereof by the
daily ABions of the Perfon. Though this is ta-
ken care for in mofl Commonwealths, by Laws
prefcribing a certain Term of years to all in gene-
ral ; and in many Places it is become a commen-
dable Cuftom to fet thefe under the Guardian-
jhip of wifer Men, whofe Authority muft be
I had
114 The Wjole Duty of Man^ Book I.
had to any Contra6ls they make, till the other's
youthful Rafhnefs be a little abated. For Per-
fpns of this Age, however perhaps they may
well enough underftand what they do, yet for the
moft part a6l with too much Vehemence and
Rafhnefs ; are too free and eafie in their Pro-
mifes, eager and over confident in their Hopes,
proud of being thought generous and liberal,
ambitious and hafty in contrading Friendfhips,
and not furnifhed with prudent Caution and ne-
ceffary Diffidence. So that he can hardly pafs
for an honefi Man, who makes any advantage
of the Eaftnefs of this Age, and would gain by
the Lojfes o^ young people^ who for want of Ex-
perience could not forefec, or place a true Efti-
mate thereon.
XIT, Another Thing which invalidates Confent,
^iftake and by confequence the Promifes and Pads that
*iraaT ^^^ ^^^^^ "P^^ ^^' ^^ E^rour OX Miftake •, thro*
L. N. N. which it comes to pafs, that the Underftanding
1. 3. c 6. is cheated in its Obje6l, and the Will in its
% 6. Choice and Approbation. Concerning Error^
thefe three Rules are deligently to be obferv'd.
(i.) 'That when to my Promife^ fome Condition
is fuppofed, without the Confidjration whereof I
Jhould not have made fuch Promife ; the fame
Jhall^ without the other, have no Obligation upon
me. For in this Cafe the Promifer does not
engage abfolutely^ but upon a Condition^ which
not being made good, the Promife becomes
null and void. (2.) * If I am drawn into a Bar-
gain
* Provided this Error concerns fomething eflential to
the Bargain made j that is to fay, that it does necefla-
rily and naturally concern the Affair in hand, or re-
fpefts
Ch. IX. according to the Law of Nature. 115
gain or ContraEl hy a Miftake, which Miftake
I find^ before as we ufe to fay Bulk is hoke^ or
any thing doyie in order to the Consummation there-
of^ it is hut Equity that I fhould he at liberty to
retraEl \ efpecially if upon the Contradl mak-
ing, I plainly fignify'd for what Reafon I agreed
to it j more particularly, if the other Party
fuffers no Damage by my going off from my Bar-
gain, or, if he does, that I am ready to make
Reparation. But when, as was faid afore, Bulk
is broke, and the Miftake is not found till the
Covenant is either wholly or in part already
performed, the Party who is under an Errour
cannot retradt, any farther than the other fhall
of Courtefy releafe to him. (3.J Whenals/W{-
take fhall happen concerning the Thing, which is
the Subjedl of the Contra^, fuch Contrail is in-
fpeds plainly the Intention of thofc who'contraft, notified
fufficiently at fuch time as the Contrad was made : And
on both Sides allowed as a Reafon without which fuch
Contrad had never been made ; otherwife, as the Errour
had no Influence on the Contra^ to be made, fo can it
not difannul it when made, whether it be executed or
not. An Example will make the meaning hereof plain.
Suppofe I imagin that I have loft my Horfe. and that I
Ihall never recover him again ; and buy another, which
otherwife I wou'dn't have done : If 1 happen afterwards,
contrary to Expedation", to find my own again, I can't
oblige the Perfon I bought the new one from to take it
again, altho' at that time he Ihou'dn't have fent me the
Horfe, or have receivM the money agreed for : Unlefs
when we bargained, I had exprelsly and formally made
this a Condition of annulling fuch Agreement : For with-
out fuch formal Stipulation, the Agreement ftands good
againft me, altho' I might (in way of Difcourfe only).men-
tion, that I would not have bought this Horfe, had
I not loft my other. See L. N. N. lib. 3. c, 6. § 7. See
alfo Grotitit de fme Bdli QP. Pacis^ lib, 3. cap, 23, $4.
' I 2 validy
ti6 The Jl^hoie Duty of Man, Book !.
valid^ not for the fake of the Mijlake^ hut he-
caufe the Laws and 'Terms of the Agreement
are not really fulfdled. For in Bargains of this
nature, the TJoing and all its Salifications ought
to be known, without which Knowledge a
fair Agreement cannot be fuppofed to be made.
So that he who is like to iuffer Wrong by any
Defeat therein, either may throw up his Bar-
gain, or force the other to make the Thing
as it fhould be, or eife to pay hirri the Va-
lue, if it happsn'd through his Knavery or
Negligence.
Xlll. But if a Man be drawn into a Promife
Guileful or Bargain by the Craft arid fraudulent Means
ContraBs^ of another ; then the Matter is thus to be con-
\\ "^ fidered. (f.) If a third Man were guilty of the
§ 8.' * * Cheats and the Party with whom the Bargain
is driven was not concerned in it^ the Agreement
will he valid : But we may demand of him who
pradtis'd the Knavery, fo much as we are Lo-
fers by being deceived. (2.) He who knavifhly
-procures me to promife or contra^ with him, /hall
not fet me under any Obligation. {3>) If a Man
will indeed come freely with a plain * Defign to
drive a Bargain, hut in the very A^ion /}.jall perceive
a Trick put upon him -, fuppofe in the Thing har-
gained for, its ^alities or Value -, the Contrail
Jhall he fo far naught, as to leave it in the Pow^
er of him who is deceived, either to relinquijh his
Bargain, or to require SatisfaEiion for his Lofs.
(4. j If unfair Dealing chance to he us^d in fome
things not eflential to the Buftnefs, and which
* See Grotius de Jure Belli & Pads, Lib, i, cap, 17,
$ 17
were
Cb IX. according to the Law of Nature. 117
were not exprefsly under regard, this weakens
mt the Agreement^ if^ for the reft, it he regu-^
larly made ; tho' perhaps one Party might have
a Secret and Ay Refped to fome fuch thing,
at the very time of driving the Bargain, and
cunningly coiiceard fuch his View till the Con-*
traft were perfedlly tranfadled.
Whensoever Fear is to be confider'd in XIV.
Promifes or Bargains, it is two-fold, and Contraas
may either be call'd a probable Sufpicion left^^ ^^''^;
we fhould be deceived by another, and this be-i.V c. 6,
caufe he is one who is very much add idled to §9.
unjuft Pradices, or has fufficiendy intimated his
fraudulent Defign •, or elfe a panic 'Terror of the
Mind, arifing from fome grievous Mifchief
threatned, except we make fuch a Promiife or
Contra6l. Concerning the firft Sort of Fear^
for Miftrufl rather) thefe Things are to be ob-
ferv'd. (i.) He who trufts the Engagements of
one who is notorioufly negligent of his Word and
Troth, aUs very imprudently ; but, for that Rea-
fin only can have no Remedy, hut JJjall he obliged,
(2.) When a Bargain is fully made and compleat-
ed, and a Man hath no new Reafons to apprehend
any knavijh Deftgns from the other Party, it
/hall not be fufficient to invalidate the Agreement
that the other was, on other Occaftons before this
Agreement, known to have been trickifh and de-
ceitful. For fince our Knowledge of liich his
former Behaviour did not prevent our making
the Agreement with him, it ought not to pre^
vent our making it good to him. (3.) Wher^
after the Bargain made, it appears plainly that the
other Perfon intends to elude his Part of the Con-
tratl, as foon as I have performed mine , here I
I 3 cannot
1 1 8 The Whole Duty of Man, Book I.
cannot he forced to comply firft, till I am fecure
of a Perfcrmance on the other fide.
XV. As for the other Sort of Fear^ thefe Rules
ContraBs are to bc obferv'd. (i.) If a Man has taken an
L N N* ^^^^i^^^^^ ^P^^ ^^^^h ^^^0* Fear of Mifchief
1/3. c. ^\ threatned by a third Perfon^ neither at the Infti-
$ If. gation^ nor with the Confderacy of the Party to
whom the Engagement was made^ he ftands firm-
ly hound to perform what he promised. For
there appears no Fault in him to whom the
Promife was made, which can render him un-
capable of acquiring a Right to the Perfor-
mance of it ; on the contrary, he may juftly
challenge a Requital, in that he lent his Aflif-
tance to the other, in warding off the Danger he
apprehended from the third Perfon. (2.) All
fuch Covenants that are made out of Fear or Re-
verence of our lawful Superiours^ or hy the Awe
we have for thofe to whom we are very much
hebolden^ jhall he firm and good, (3 .) "Thofe Bar-
gains which are wrongfully and forcibly extorted
from a Man hy the Perfon to whom the Promife or
Agreement is made,, are invalid^ For the Violence
he unjuftly ufes to fet me under that Fear^ ren-
ders him uncapable of pretending to any Right
againft me on account of fuch A6lion of mine.
And whereas in all other Cafes, every Man is
bound to Reparation of what Wrong he fhall
do to another: this * Reftitution to which he is
bound is underftood as it were to take off any
* There was no need to have recourfe to this Duty of
Refiitutionj thereby to fliew the Invalidity of fuch Con-
trafts. For the want of Liberty in the PciTon promifing,
and the want of Capacity in the Perfon obtaining by force
the Promile, of creating to himfelf thereby any Right to
the Thing promifed, are fufficient to fhew the plain
Nullity of the Agreement thus obtained.
Obligation
Ch. IX. according to the Law of Nature* 119
Obligation from fuch Promife, fince if what was
promifed were paid, it ought to be immedi-
ately reftored.
Moreover not only in Contra6ls, but in XVI.
Promifes the Confent ought to be reciprocal -, Confent
that is, both the Promifer and he to whom the ^***!!^^\r
Promife is made muft agree in the Thing. For j ' J.^ ^
if the latter fhall not confent^ or refufe to accept j , j,
of what is offered, the thing promifed remains
ftill in the Power of the Promifer. For he that
makes an offer of any thing, cannot be fuppofed
to intend toforce it upon one that is unwilling to
receive it, nor yet to quit his own Title to it ;
therefore when the othe denies Acceptance, he
who proffered it lofes nothing of his Claim there-
to. If the Promife was occafion'd by a Requeft
before made, the fame fhall be accounted to oblige
{o long, as till fuch Requeft be exprefsly revoked ;
for in that cafe the thing will be underftood to
be accepted beforehand ; provided yet that what
is offer'd be proportioned to what was defi-
red. For if it be not, then an exprefs Accept-
ance is requifite ; becaufe it may often do me
no good to anfwer my Requefl by halves.
A s for the Matter of our Promifes and Con- XVII.
trads, it is abfolutely neceffary, that what we Impjpble
promife, or make a Bargain for, be in our ^^g^'g*-
Power to make good, and that fo to do be not l/n' n
prohibited by any Law ; otherwife we engage i ^, c, y\
our felves either foolijhly or wickedly. Hence it
follows that no Man is obliged to do 'Things impof-
fible. But if it be a Thing which at the time of
the Bargain making was poffible, and yet af-
terwards by fome Accident, without any Fault
of the Contradler, became altogether impofTi-
ble, the Contrad fhall be null, if there be no-
1 4 thing
[uo The Whole Duty of Man ^ Book L
thing as yet done in it •, but if one Party have
perforni'd foniewhat towards it, what he has ad-
vanced is to be reftor'd to him, or an Equiva-
lent given *, and if this cannot be done, by all
means it is to be endeavoured that he fuffer no
lofs thereby. For in Contrads that is principal-
ly to be regarded which was exprefsly in the Bar-
gain ; if this cannot be obtained, it mull fuffice
to give an Equivalent \ but if neither can this be
had, at leaft the utmoft Care is to be taken that
the Party undergo no Damage. But where any
Man fliall defignedly, or by fome very hlameahk
Mi/carriage^ render himfelf uncapable of mak-
ing good his Part of the Bargain, he is not on-
ly obliged to ufe his utmoft Endeavour, but
ought alfo to be punijifdy as it were, to make
up the amends.
XVIIT. I T is alfo manifeft, that we cannot fet our
Unlawful felves under any Obligation to perform what is
Etrgage- unlawful. For no Man can engage himfelf far-
L^'^n' N ^^^^ ^^^^ ^^ ^^^^^ lawful Authority fo to do. But
l\/^^ ^th2it l^z^i^diXor ^\\o prohibits any Action by a
$ 6, 7* Law takes a\yay all legal Power of undertaking
it, and difables any Man from obliging him-
felf to perform it. For it would imply a Con-
tradi6lion, to fuppofe, that from a Duty en-
joyn'd by the Laws Ihould arife an Obligation
to do that which the fame Laws forbid to be
done. So that he tranfgreffes who promifes tq
do what is unlawful, but he is doubly a Tranf-
greffor who performs it. Hence alfo it follows,
that neither are thofe Promifes to be kept, the
pbfervation of which will be mifihievous to hinri
to whom they are made ; becaufe it is forbidden
by the Law-Natural to do hurt to any Man, e-
yen though he do foolilhly defire it, \^pd if ^
• ' ' ' Contradt
Cb. IX. according to the Law of Nature. 1 1 1
Contra6l be made to do fome filthy and hafe
Thing, neither fhall be obUged to fulfil it. If
fuch filthy Thing be done by one Party purluafit
to the Bargain, the other fhall not be bound to
give the Reward agreed^ for ; * but if any thing
be already given on vKat account, it cannot be
demanded again.
And then, ix is plain, that fuch Engage- XIX.
ments and Bargains as we fhall make of what ^^g^g?-
belongs to other Men are altogether infignificant, "^^^*/^'>'''
fo far as they are not ours, but fubjed: to the 7h^Jmen^
Will and Diredtion of others. But if I promife L. N. N.
thijs ; I will ufe my Endeavour that fuch a Man ^' ?• c. 7.
(always fuppofmg him to be one not abfolutely ^ *^*
under my Conimand)^^^// do f or no : Then I
am obliged by all methods moraliy poflible,
(that is, fo far as the other can fairly requeft of
me, and as will confift with Civility) to take
pains to move that Perfon to perform what is de-
fired. Nay we cannot promife to a third Man
things in our own pofTeflion, or Anions tp be
done by Qur felves, to which another has ac-
quired a Right, unlefs it be fo order'd, as not
to be in force till the time of that other's Claim is
expired. For he who by antecedent Pads or Pro-
mifes has already transferr*d his Right tq another,
has no rnore fuch Right left to pafs over to a
third Perfon : And all manner of Engagements
and Bargains would be eafily eluded, if a Man
after having contracted with one, might be at
liberty to enter a Treaty with another, wherein
' . ^ ' . - ■ — i— — . (
* This determination feems not altogether juft . becaufe
he who had parted with his Goods, had parted with them
by an aft invalid and of no efFeft, See L, N, N. I. ^*
DifpQ:
122 The H^ole Duty of Man^ Book I.
Difpofals fhould be made contrary to the jirft
Agreement, and with which it is impoflible this
lliould confift. Which gives foundation to that
known Rule, Firft in Timey prior in Right.
XX. B E s I D E all which it is to be chiefly ob-
Conditions fer\r'd concerning Promiies, that they are wont
l'*'n'^N ^^ ^^ rm^tpfitively and abfolutely ; or conditional-
1/3. c. 8.* b-> that is, when the Validity thereof lies upon
§ I. fome Event depending on Chance or the Will
of Man.
Now Conditions are tithtr pgffihle or impqffihle ;
and the former are fubdivided into Cafual or for-
tuitous, which we cannot caufe to be or not to
be •, or Arbitrary y or fuch as are in the Power
of him to whom the Promile is made, that they
are or are not comply'd with *, or elfe Afix/, the
fulfilling of which depends partly on the Will of
the Perfon receiving the Promife, and partly on
Chance.
ImpoJJiUe Conditions are either fuch as are natu-
rally or morally fo, that is, fome Matters by
the Nature of Things cannot be done ; others by
the Direction of the Laws ought not to be done.
Such Conditions then as thefe being annex'd, do,
according to the plain and fimple Conftrudion
of the Words, render the Promife iV^^^/ii^f, and
therefore null ; tho' it is true it may be fo pro-
vided by Law, that if to Aflairs of great Con-
cernment any fuch impoJJiUe Conditions fhould be
annex'd the Agreement may remain good, reje6t-
ing thefe Conditions as if they had never been
made ; that fo Men may not have bufied them-
felves about that which otherwife can fignifie no-
thing.
XXI. Lastlv, we promife and contract, not
MediatQvy only in our oif^n Ferfons^ but oftentimes by the
Mediation
Chap. IX. accmding to the Law of Nature. 1 2 j
Mediation of other Men, whom we conftitute the OonuaBs^
Bearers 2ind Interpreters of our Intentions; by.^* ^- N-
whofe Negociations, if they deal faithfully by ^ l[ *^* ^
us in following the Inftrudions we gave, we
are firmly obliged to thofe Perfons who tranfadt-
ed with them as our Deputies.
And thus we have done with the Ahfolute XXII.
Duties of Man, by which, as it were, we na- Conchfi-
turally pafs to the Conditional Duties of Men. <»»•
And thefe do all prefuppofe fome Human Infti-
tution, founded upon an Univerfal Agreement^
and fo introduced into the World, or elfe fome
peculiar State or Condition. And of this Sort of
Inflitutions, there are three chiefly to be infifted
on, to wit, Speech or Bifcourfe^ Property and
the Value of Things, and the Government of
Mankind. Of each of thefe, and of the Duties
arifjng therefrom we fhall next difcourfe.
Chap.
1 24 TTjc Whole Duty ofMan^ Book L
C H A P. X.
The Duty of Men in D'tfcourfe.
I TT O W ufeful and altogether neceflary an In-
General X.X ftrunient of Human Society Difcour/e is.
Rule. To xhtre is no Man can be ignorant *, fince many
cmh^am ^^'^^ "^^^^ ^^^^ ^"^Y ^" Argument to prove Man
means ^0 t>e by Nature defign'd for a Social Life. Now
efiabUped that a lawful and beneficial life may be made
#0 ex;r^/i hereof for the Good of the fame Human Society,
Thoughts. ^^^ ^^"^ ^^ Nature has given Men this for a
Duty, Thai no Man deceive another either by Dif-
courfe^ or any other Signs which cuftomarily are
accepted to exprefs our inward Meaning,
II. But that the Nature of Difcourfe may be more
Vniform throughly underftood , it muft firft be known, that
Signifca' ^^^^ jg g, two-fold ObHgation refpeding Dif-
*Words, ^ourfe^ whether expreft with the Voice, or writ-
L. N.N. ten in Chambers. The firft is, that thofe who
\ 4. c. I. make ufe of the fame Language^ are obhgcd to
apply fuch certain TVords to fuch certain Things^
according as Cuftom has made them to fignify
in each Language, For fmce neither any Words.
nor any p;irticular Strokes form'd into Letters can
naturally denote any certain Thing (otherwife all
Languages and Charadlers for writing would be
the fame ; and hence the Ufe of the Tongue
would be to no purpofe if every Man might call
every Thing by what Name he pleas'd ; ) it is
abfolutely neceflary among thofe who fpeak the
f ime Language, that there be a tacit Agreement
among them, that this certain Thing fhall be
io, or facaird, and not otherwife. So that unlefs
an
ell. X. according to the Law of Nature* 1 2 j
an uniform Application of Words be agreed upon,
*twill be impoflible for one Man to gather the
Meaning of another from his Talk. By virtue
then of this tacit Compa5f^ every Man is bound
in his common Difcourfe to apply his Words to
that Senfiy which agrees with the received Signifi-
cation thereof in that Language : From whence
alfo it follows, that albeit a Man's Sentiments
rriay differ from what he exprefies in Words,
yet in the Affairs of Human Life he muff be
look'duponas intending vi\\3.t ht fay 5^ tho', as
was faid, perhaps his inward Meaning be
the clear contrary. For fince we cannot be in-
formed of another's Mind otherwife than by out-
ward Signs ^ all Ufe of Difcourfe would be to no
purpofe, if by mental Refervations., which any
Man may form as he lifls, it might be in his
power to elude what he had declar'd by Signs
ufually accepted to that end.
The other Obligation which concerns Dif- IIL
courfe^ confifts in this, that every Man ought W^cf*''ff
by his Words fo to exprefs to another his Mean- l n'^'n'
ing, that he may be plainly underflood. Not 1/4, c. g[
but that it is in a Man's power to be filent^ as § 6.
well as to Jpeak ; and whereas no Man is bound
to tell every one all that he bears in his Mind ;
it is neceffary that there be fome peculiar Ohliga-
tion that fhall engage him firfl to fpeak, and
then fo to fpeak as that another fhall fully
underfland his Meaning. Such Obligatioa
may arife from a particular Compa^^ or forrie
common Precept of the Lazv ISlatural^ or from
the Nature of the prefent Affair^ in which
Speech is made ufe of : For oftentimes a Bar-
gain is made exprefsly with a Man, that he
fhall difclofe to me all that he knows in fortie
Matter ;
126 The Whole Duty ofMan^ Book L
Matter ; as fuppofe I defired to be inftru&d in
any Science : Frequently alfo I may be com-
manded by fome Precept of the Law of Nature
to communicate my Skill to another, that by
this Means I may be helpful to him, or that 1
may fave him from Mifchief, or that I may
not give him fome Caufe or Occafion of re-
ceiving a Harm : And laftly, tht prefenl Cafe
may require me to declare my Opinion in a
Matter wherein another is concerned j as it of-
ten happens in Contradts of the greatell Im-
portance.
^V. But becaufe it cannot always happen, that
L tTW upon any of thefe Heads I am obliged to fignify
f\ c. i'. "^y Thoughts upon any Matter, it is plain that
§7, I am not bound to difclofe in Words any more
than another has a Right either prfe5l or im-
ferfeM to require. So that I may, by holding
my Tongue, lawfully conceal what he has no
juil Claim to the Knowledge of, or to the Dif-
covery whereof I lie under no Obligation, how-
ever earneftly it be defir'd.
V. Nay, fince Speech was not only ordain'd for
f '•""n*-/: ^'^^ ^^^ ^^ others^ but our own Benefit alfo •,
ILrfe. therefore whenfoever my private Intereft is con-
cern'd, and it occafions Damage to no Body
elfe, I may fo order my Words, that they may
communicate a Senfe different from that which
I bear in my Mind.
VT. Lastly, becaufe oftentimes thofe to whom
^tgura- y^Q j-^^ji^ ^jpQj^ fQj^g Matters may be fo difpofed.
Speech ^^^^ ^^°"^ ^ downright and plain Difcourfe they
would perceive the true State of the Cafe,
which ought rather to be concealed, becaufe a
full Knowledge would not procure the good
End we drive at, but be a Detriment to 'em ;
we
Ch. X. according to the Law of Nature. 127
we may in fuch Cafes ufe a figurative or Jha-
dow*d way of Speechy which ihall not diredly
reprefent our Meaning and plain Senie to the
Hearers. For he who would and ought to be-
nefit another, cannot be bound to attempt it /
after fuch a manner, as Ihall incapacitate him
from obtaining his End.
From what has been faid may be gather'd VII.
wherein that Verity confifts, for their Regard to Y^^'l^' ^
which good Men are fo much celebrated •, to j * ^^ j]
wit, that our Words do fidy reprefent our Mean- § sj
ing to any other Perfon who ought to underftand
'em, and which it is our Duty to exprefs plain-
ly to him, either by a perfedl or imperftd Ob-
ligation j and this to the end either that he
upon knowing our Minds may make to him-
felf fome Benefit thereby, or that he may avoid
fome undeferv'd Evil, which he would incur
upon a wrong Underftand ing of the Cafe.
Hence by the Bye it is manifeft, that it is not
always to be accounted Lyings when even for
the nonce a Tale is told concerning any Thing
in fuch a manner as does not exadly quadrate
with the Thing it felf, nor with our own Opi-
nion of it •, and conlequently, that the Con-
gruity of Words with 'Things, which conftitutes
the Logical Verity, is not in all Points the fame
with Moral Truth.
On the contrary that is righdy call'd a VIII,
Lye, when our Words bear a different Signi- -4 i*; e Duty ofthofe which tal^e an OatL
AL L Men agree iii the Opinion, That an i.
Oaib gives a great additional Confirmati- ^« Oath»
on to all our Aflertions, and to thofe Adions J" ■^* •^-
which depend upon our Difcourfe. An Oalb is, ' ^' •
* y^ Religious Ajffeveration^ hy which we difavow
the Divine Clemency^ or imprecate to our /elves
the Wrath of God if we /peak not the i'rutb.
Now when an All-wife and an Almighty JVit-
nefs and Guaranty is invok'd, it caufes a ftrong
Prefumption of the Truth, becaufe no Man
can eafily be thought fo Wicked, as to dare
rafhly to call down upon himfelf the grievous
Indignation of the Deity. Hence it is the Du-
ty ofthofe that take an Oath, 'To take the fame
with awful Reverence^ and religioufy to obferve
what they have fworn.
Now the Endindi Ufe of an Oath is chiefly ^^*
this, To oblige Men the more firmly to fpeak ^J -^"f
the Truth, or to make good their Promifes " ^^*
and Contradls out of an Av/e of the Divine
Being, who is infinitely Wife and Pov^erful ;
whofe Vengeance they imprecate to themfelves
when they Swear, if they wittingly are guilty of
Deceit ; whereas otherwife the Fear of what
Men can do may not be fufHcient •, becaufe pof-
* Compare herewith the whole iith Chapter of the
2d Book of Grotius de Jure^ 3 Pacisy lib. 2. cap. 2*
5 2. feqq,
K 4 and
5
li6 The Whole Duty of Man, Book L
and the Confervation of Peace, Tranquillity
and good Order in the World. Hence it was,
L. N. N. that atfirft, while the Human Race was but of a
^ 4. c. 4. fjjj^i] Number, * it v/as agreed. That what-
ever ayiy one did firft feize fljould he his^ and not
he taken from him hy another ; provided how-
ever, that he only pcjfejjes hmfelf out of the co?n-
mon Store of what is fufficient for his -private
Service^ hut not fo as to deftroy the whole Fund^
and fo prevent a Stpck for future Ufes. But af-
terward, when Mankind was mukiply'd, and
they began to beftow Culture and Lahour upon
thofe Things which afforded them Food and
Raiment •, for the prevention of Quarrels •, and
for the fake of good Order, thofe Bodies or
'Things alfo, which produced fuch NecefTaries,
were divided arnong particular Men^ and every
one had his proper Share afiign'd him, with
this general Agreement, That whatfoever in this
firji Divijion of Things, was yet left unpojfefi,
Jhould for the future he the Property of the firfl
Occupant, -f And thus, God fo willing, with
the previous Confent, or at leaft by a tacit Com-
pa6t of Man, Property, or the Right to Things.
was introduced into the World.
* There wa Fach, I, 1, c. 2. ^ 3- .
t That whereon the firlt Occupant properly grounds his
Right is, his giving open Notice, before any other, of
his Defign aiui Intention to preferve to his own Ufe this
° or
Ch. XII- according to the Law of Nature. 139
it with a Defign of pofleiTing the fame. So L. N. N.
that even at this time the Original Method of ^' 4- ^' ^«
acquiring Property in many Things is only ^ ^' "^
Premier Seiftn^ or the firft Occupancy. After
this manner Titles are made to defolate Regi-
ons, which no Man ever claim'd, which be-
come his who firft enters upon 'em with an In-
tention of making them his own, provided he
cultivate them and aflign Limits how far he
propounds to occupy. But when any Number
of Mtn jointly pofTefs themfelves of any Trad
of Land, 'tis cuftomary to aflign to each Mem-
ber of the Company a Share, and to account
what is left undivided to belong to the Society
in common. * By this firft Occupancy alfo are
gain'd all the wild Beafts, Birds, and Fifhes
living in the Sea, Rivers, or Lakes thereunto ap-
pertaining ; as well as what by the Sea Ihall
be thrown upon the Shore •, except particular
Laws inhibit the promifcuous Seizure of the
fame, or aflign them to fome certain Claimant.
Thefe, if we would make our own, we mufl:
zdiudXly feize 'em, and take 'em into our Pof-
feffion. By this Occupancy alfo we may right-
fully acquire Poflfeflion of Things whereof the
or that Thing, which he has made himfelf the firft Pof-
fefTor of. If therefore he has given any fuch fair and fig. ^
nificant Notice of fuch his Intention ; or if any others,
who might with him have a common Right to the
Thing, fhall freely and fignificantly fet forth their Inten-
tion to depart from their Share, or Part of the Thing
in favour of this Claimant : He then comes to have the
Original Property in the Thing, even before he may
have taken a(^ual PoflfefTion of it. See L 2V. TV. / 4
c. 6.
* See Grotlus de Jure Belliy Qpc, Z. 11. c. 8. § z
Property
14^ The Whole Duty of Man, Book I.
Property which any other Perfon could have is
extinU. As for inftance, in Things which are
caft away with Intention of the Owner not to
have 'em any mo^e, or in Things which at
firft we loft unwillingly, but in Time relin-
quifh'd and forewent. * To which may be
added what the Lawyers call 'Treafure trove^ or
Money found, the Owner whereof is not
known, which goes to the Finder, except by
the fpecial Laws of a Country it be otherwile
provided.
VII. Moreover, there are many Things ca-
j9cce£to^ pable of being pofTcfs'd which continue not al-
ircve^' ^^"^Y^ ^" ^^^ ^^^^ State, but foon after feveral
fnerts. manners tncreafe of themfelves or inlarge their
L. N. N. Subftance •, to others fome external Additions are
I. 4. c. 7. ^ade •, many bring forth Fruity and not a
few by Man's Labour and Workmanfhip ad-
mit of hnprovement. All thefe are comprifed
under the Head of AcceJJional Advantages, and
may be divided into two Sorts *, for fome with-
out the H'^lp of a Man accrue from Nature
alone •, while others either wholly or in part are
to be attributed to Human Industry, "j" Con-
cerning both which this is to be the Rule, To
him who is the Owner of the l^hing^ to the
fame belong the Improvements and Acceffwnal
Advantages ^ and he Vy?ho has form'd any Mat-
ter of his o^Yn into fuch or fuch a Fajhion^ is
Owner of that Form or Fajhion.
VIII. But Cafes often happen, where, either by
Services, Qq^-^^^^^^^ q^ [q^^-^^q diilerent Way, another Man
* See Grot'iMS de Jure Belli QP Pads, lih, 2. c 8. $ 2. feq,
t See GrgtiHS de Jure Belli QP Pacis^ Lib, z, dp 8
may
Ch* XII. according to the Law of Natim. 141
may get a Right to receive a certain Profit out
of Things that are ours^ or to prohibit us the
Ufing even of what is our own to every Purpofe.
Thefe Rigtits are wont to be call'd Services^ L. N. N.
and they are of two Sorts, either PerfonaL ^' "*• ^' ^*
where the Advantage from what belongs to ano-
ther Man comes to the Perfon immediately ; or
ReaU where fuch Benefit is receiv'd from that
which is another's by the Means or Mediation
of that which is ours ; among which are ac-
counted the Right of receiving Profits, of ma-
king ufe of what is another's, of Hving in fuch
a Place, of commanding the Work of Servants.
The Real Services are again fubdivided into
fuch as regard the City or the Country ; the firft
Sort are the fupporting my Neighbour's Houfe
or Wall which cannot but bear upon mine, af-
fording the Benefits of Lights, not flopping
them up, allowing Profpe6ls, carrying oft the
Rain-Water, and the like : The latter are Li-
berty of PafTage for Men or Cattle, Leave to
derive or draw Water, or to water Cattle, or
to graze 'em for a time, ^c. All which Ser-
vices have been introduced for the Prefervation
of good Neighbourhood.
Among the derivative Methods of acqui- IX.
ring Property, fome are when by the Difpofal "^eriva-
of the Law Things are devolv'd from one up- *^'^^ "
on another ; others are when PoflefTion is trans- £7 ji. N.
ferr'd by the former Owner ; and this fbme- 1. 4. c. 9,
times affecting the fame in whole ^ and fome-
times in part.
The * Whole of an Eflate by the Death of . .-^r
the former Owner generally pafTes by Succeffion tVmTto
— — .^ ______________ tjjofe ublick. So in TVar Goods are forcibly taken
. 4. c. 0. ^^Q^^ |-|^g Polloflbr, who parts with them very
1. i. c. leJin-^'illi'^igly-, by an Enemy who is too ftrong for
$ 13. him, and become the true Property of the Sei-
zer ; not but diat the firft Owner has itill a
Right with a greater Force, whenever he can,
to rec'over them, fo long as till by fubfequent
Treaties of Peace he does in effe6l renounce
his Pretences thereto.
Chap,
Ch. XIII. according to the Law of Nature. 147
C H A P. XHL
Tin Duties which naturally refult from
Mans Property in Things.
PR O P E R T Y in Things being eftablifh- I.
ed among; Men, thefe Duties naturally arife. ^^ ^^P
* Every Man is obliged to ftiffer amther^ cioujlyab-
who is not a declared Enemy ^ quietly to enjoy whatr fiain from
foever 'Things are his ; and yieither hy Fraud or invading
Violence to Jpoil, imbezzel, or convert them to his ^^*' ^^^^
own Ufe. Whence it appears. That Theft, Ra- ^^J/y^
pine, removing of Boundaries, and the like t. N. N.
Crim-€s, which tend to the Invading and In- 1.4* c» 13«
croaching upon other Mens Properties, are for-
bidden.
When any Things that belongs to another. It.
falls into our Hands, although it he fairly on our ^^f^i*^'^
Fart, that is, without 'Trick or Fraud of ours -, '^^adeif
yet if it belongs to another Perfon, and we have ^^ pjfefs
Foffeffion of it, we are obliged to take care, as 'what he-
far as in us lies, to return it to its right Owner, ^o^g^ to
By this is not to be underftood. That when we ^"''^^''vj
have procur'd any Thing to our felves by fair and 1. 4. ^ \^^
honeft Means, and enjoy it by a rightful Title, $ 1.
we are to make groundlefs Doubts and Scruples
about the Validity of our Right, and make
Proclamation, as it were. That we are in
Pofleflion of fuch a Thing -, that, if polTibly ic
Ihould belong to another Perfon, the Proprie-
? See Grocius de Jure Belli & Pacis, Book 11. Ch, \9*
L 2 . tor
148 The ff^jole Duty of Man^ Book I,
tor might come and demand it. It is enough
that, if we come to the Knowledge that what
we pofTefs is another Perfon's, we then give no-
tice to the Proprietor, that it is in our Poflef-
fion, and that we are ready to dehver it up to
the right Owner. And in this Cafe, we are
not bound to reftore it, unlefs we are repay'd
the necefifary Charges we have been at in pro-
curing, or preferving it -, which we may juflly
demand to be reimburfed, or irop the Thing
^till Satisfi6lion be made. And the Duty of
Reftitut'wn of which we are fpeaking, is fo indif-
penflibly necelTiry, that it lets afide all private
ingagements or Contra6ls to the contrary, and
takes away all Right that may feem to arife from
any fuch private Obligations : As for Inftance,
Should a 1'bief xx\jSk. and depofite with me, up-
on my Promife of Redelivery, fomewhat that
he has ftollen, I being altogether ignorant of the
Matter •, if after this, the Right Owner appears,
the fame is to be reftor'd to him^ and not to the
Tbief.
I IT. But // any Thing belonging to another, which
Refiituti' y^f ^^e came by fairly and honeftly, be wafted and
*"^ r\j confum\L ^lis our Duty to refiore only fo much to
L. N. N ^^^^ Owner as we have made rrojit or Advantage
1. 4. c. 13. to our felves from it. All that lies upon us to do
^ <^. herein, being to refund fo much as we have
gain'd thereby, that fo we may not be the rich-
er by another Man's unc^eferved Lofs.
IV. From thefe Premifles, we may deduce the
Concluft' following Conclufions : i, A Prefumplive Owner,
f>^i- (or one who without any Covin on his Part, be-
L '^ N ^^^^^ ^^"^^ PofTelTor of what belongs to another
1. 4. c. 15. Man) is not obliged to make any Reftitution, if the
g 7. Thing perijhes ; becaufe neither the Thing it felf
is
Ch. XIII. according to the Law of Nature. \ 49
is in his Power, neither has he receiv'd any
Gain or Advantage thereby.
2. Such a Prefumptive Owner is oblige! to V.
make Reftitution^ not only of the 'Thing itfelf hut SeconeJ.
dfo of the Fruits and Profits^ which are in being ,• ■^' -^^
at the Time. For to whomfoever the Thing real- ^" g* ' * ^*
ly belongs, to' the fame like wile the Profits and
Advantages thence arifing do ace re w. Ne- ^
verthelefs, it is lawful for the Poireflbr to de-
dudl what Charges he has been at upon the
Thing, or upon its Culture and Improvement,
by means whereof it has produced thofe Fruits
and Profits.
3. A Prefumptive Owner is obliged to make \f.
Reftitution of the Things and of the Fruits ^^^ \J^'^\^
Profits of it that are confiirned^ if otherwife he y ^ ^1 i^*.
would have confuin^d as much of his own^ and can $ 9.
recover the Value thereof from him of whom he re-
ceived Pofifejfion. For othervv^ife he would inrich
himfelf, whilfl by fpending what belongs to an-
other, he fpares his own.
4. A Prefumptive Owner is notoblig'd to make Vir.
good the Fruits and Profits which he might have ^°^^th.
made of the Thing in his Pojfeffion^ hut negle5fed j • ^- ^«
fo to do : Bccaufe he has not the Thing it fclf, g 'l'^^ ^'
nor any Thing in Lieu thereof, and he mud
be confider'd, to have done by it, as he would
have done by that which was truly liis own.
5. I F a Prefumptive Owner makes a Prefent Vlir.
or Donation of any Thing belonging to another ^ . ^>c^>j
which was given to himfelf he is not hound to re- j. 4^ c»* \
ft ore it ; unlefs he had been obliged m Duty to J 11/
have given the like Value. For in fuch a Cafe,
he would be a Gainer, by (living what he muft
have given of his own.
L ct 6. If
i^o The Whole Duty ofMan^ Book L
?X- 6. If a Prefumptive Owner makes over what
L N*^N ^^ hath pur chafed of another Alan^ upon a valua-
l.*4. CI 3'. ^^^ Conftderation^ he is not hound to make Refiituti-
512. on \ unlefs fo far as he has made any Advantage
by it.
X^ 7. A Prefumptive Owner is obliged to reft ore
Seventh, that which belongs to another^ thd" he bought it up-
L. N. N. on a valuable Confideration ; nor can he demand
i. 4- C.I 3. of the true Owner the Price he paid for it, but
only of him from whom he had it ; unlefs fo far
as the Charges which the Owner muft necefiarily
have been at, in regaining the PofTelTion of his
Right *, or that otherwlfe he did freely promife
fome Reward for the Recovery.
XT. Whosoever happens to find any Thing
nhgs belonging to another, which, 'tis probable,
Z"^'^' the right Owner loft againft his Will, he cannot
ju. N. N. ^^1^^ j^. ^p ^-^j^ ^^ Intention to detain it from
i l\. ^^"^ when he requires it. Bat if the Owner ap-
pear notj he may fairly keep it himfelf.
Chap-
Ch. XIV. according to the Law of Nature* 1 5 r
Chap. XIV.
Of the Price and Value of Things.
AFTER Properly was introduced into the i.
World, all Things net being of the fime T k
Nature^ nor ivfiording the fame Help to Human ^ ^'
Neceflities •, and every Man not being fuflici- ^ \' ^' '
ently provided Vv^ith fuch Things as were neceffa-
ry for his Ufe and Service, it v/as early brought
into Pra6lice among Men to make tnutiml Ex-
changes of one Thing for another. But becaufe
it very often happened, that Things of a dijfe-
rent Nature and tffe were to be transferred -, left
either Party fl:iouid be a L.ofcr by fuch Exchan-
ging y it was neceflliry, by a common Agree-
ment or Confent among themfelves, to aiTign
to Things a certain ^.ant'ity or Standard^ by
which thofe 'things might be compar'd and re-
duced to a Balance between each other. The
fame alfo obtained as to Aolions^ which it was
not thought good fhould be done gratis by one
Man for another. And this ^(anUly or ^ian-
dard is that which we call Price or Value.
This Price is divided into Common and E- ^t.
viinent •, The Firjl is in ^things or Aclions which ^*'"''^ ^'"^^'
come within the compafs of ordinary Commerce^ ^^^ ^ j^,
according as they afibrd either Ufefulnefs or De- 1. <. c. i.
light to Mankind. But the other is in Money ^ $ i,
as it virtually contains the Value of all Things
and Works, and is underflood to give them
their common Eftimate.
L 4. The
152 The Whole Duty of Man ^ Book I.
in. The natural Ground of the Common Value^
VaTr ^ ^^ ^^^^ + ^^^^'^-^^ "^^^^^ ^^y '^^^"g °^ "^^^^.^
L. N. N. ^^^ ^^^ fupplving, either mediately or immedi-
1.%. c. I'ately, the Necejfities of Human Life, and ren-
jj ^. dring the fame more eafie or more comfortable.
Hence it is we call thofe Things which are not of
any life to us, 77pin^s of no Value. There are
neverthelefs fome Things 7mfi ufeful to Human
Life, which are not underflood to fall under any
determinate Price or Value -, either becaufe they
are or ought to be exempted from Dominion and
Property, or becaufe they are not capable of be-
ing exchanged, and therefore cannot be traded
for *, or elfe, becaufe in Commerce they are
not otherwife regarded than as Appendages to
befuppofedof courfe to belong to another Thing.
Befides alfo, when the Law of God or Man pla-
ces fome Adions above the Reach of Commerce,
or forbids that they fhould be done for a Re-
ward, it is to be underflood that the fame
Laws have fet them without the Bounds of Price
or Valuation. Thus the Upper Regions of the
yffr, the Sky^ and the Heavenly Bodies^ and e-
* See Grotius de Jure helli Qp Pads, 1 2. c. 12. § 14-
t Our Author here gives an imperfet concluded from this natural Society between
Man and Man, that his Nature and Temper
does dire6tly incline him to the forming of Civil
Communities.
Which will more evidently appear, if we m,
confider. What Condition Mankind is placed ^^'^/o/4
in by the Conftitution of Civil Communities : l^'^'lip^
What that Condition is, which Men enter into \[ . ^ '
when they make themfelves Members of a Civil $ 4.
State : What Qualities they are which proper-
ly intitle them to the Name of P(?/i/i<:^/ Cr^^-r
tures^ and render them good Patriots or Sub-
jed:s to the State . And, laftly. What there
\s in their Frame and Conftitution, which feems,
as we may fay, to indiipofe them for living in
4 Civil Community,
V 3 Whosoever
214 f7^^ M^ole Duty ofMan^ Book 11,
IV. Whosoever becomes a SuhjeB^ immedi-
's^lu'^^ ately lofes his Natural Liberty, and fubmits him-
^ ^ ^' felf to fome Authority, which is vefted with the
Power of Life and Death -, and by the Com-
mands of which, many Things muft be done,
which otherwife he would have been no ways
willing to do, and many Things muft be let a-
lone, to which he had a ftrong Inclination :
Befides, moft of his A6lions muft terminate in
the Publick Good, which in many Cafes feems
to clafh with Private Men's Advantage. But
Man by his Natural Inclinations is carried to
this, To be fobjedl to no one, to do all Things
as he lifts, and in every thing to confult his
ftngle Advantage.
V. B u T we call him a (Political Animal or) ^rue
The QmA' Patriot^ and Good Subject, who readily obeys
hues of a ^^ Commands of his Governours -, whoendea-
A^ember ^^'^^^ ^^^^ ^^^ utmoft to promote the Publick
fj- the Good, and next to that, regards his Private
Commu' Affairs •, nay, more, who efteems nothing prq-
^'O'* Stable to himfelf, unlefs the fame be likewife
profitable to the Community ; laftly, who
carries himfelf fairly towards his Fellow-Subjeds.
But there are few Men to be found, whofe Tem-
pers are naturally thus well inclin'd. The grea-
ter Part being reftrain'd merely for fear of
iPuniftimsnt •, and many continue all their Life-
time ill SubjecSls and unibciable Creatures.
VT. Farthermore, there is no Creature
Uo'uj Men whatfqever more fi:?rce oruntameable than Man,
^d*^^rh^ or which is prone to more Vices that are apt to
andhln, ^ifti^fb the Peace and Security of the Publick.
der the For befides his inordinate Appetite to Eating,
Benefits Drinking, and Venery, to which Brute Beafts
ofSocliti^^^ likewife fubje6t, Mankiud is inclin'd to
many
Ch. V. according to the Law of Nature. ,2 1 5
many Vices, to which Brutes are altogether L. N. N.
Strangers ; as is the unfatiable Defirc and * *• ^' 3*
Thirft after thofe Things which are altogether "^^
fuperfluous and unneceflary, and above all to
that worft of Evils, Ambition; alfo a too
lading Refentnient and Memory of Injuries, and
a Defire of Revenge increafing more and more
by Length of Time •, befides an infinite Diver-
fity of Inclinations and Affe6lions, and a certain
Stiffiiefs and Obftinacy in every one to indulge
his own particular Humour and Fancy. More-
over, Man takes fo great Delight in exercifing his
Cruelty over his Fellow Creatures, that the great-
eft Part of the Evils and Mifchiefs, to which Man-
kind is obnoxious, is wholly owing to the mer^
cilefs Rage and Violence of Men to each other.
Therefore the -genuine and principal Vll.
Reafon which induced Matters of Families to ^^^fin of
quit their own natural Liberty, and to form P'^^^^U
themfelves into Communities, was. That they ]/ 7^ c. *
might provide for themfelves a Security and ^ 7,'
Defence againft the Evils and Mifchiefs that
are incident to Men from one another. For as,
next under God, one Man is moft capable of
being helpful to another •, fo nothing is able
to create Man more Diftrefs, and work him
more Mifchief, than Man himfelf ; and thofe
Perfons have encertain'd a right Conception of
the Malice of Men, and the Remedy thereof,
who have admitted this as a common Maxim
and Proverb •, That unlefs there -were Courts of
Judicature^ one Man would devour another. But
after that, by the Conftituting of Communities,
Men were reduced into fuch an Order and Me-
thod, that they might be fafe and fecure from
mutual Wrongs and Injuries an>ong themfelves,
P 4 iC
^
i 9.
i 1 6 The Whole Duty of Man^ Book II
it was by that means provided, that thereby
they might the better enjoy thofe Advantages,
whicK ar to be reap'd and expe6led from one
another ; to wit, That they might from their
Childhood be brought up and inftruded in good
Manners, and that they might invent and im-
prove feveral Kinds of Arts and Sciences, where-
by the Life of Man might be better provided
and furnillied with neceflary Conveniences.
Yjjj And the Reafon will be yet more cogent for
Farther the Conftituting of Communities, if we confi-
Pemlties, der, that other Means would not have been ca-
L. N. N. pable of curbing the Malice of Men, For al-
. 7. c. I'j-j^Qyg]^ we ^Yd enjoyn'd by the Law of Nature
not to do any Injury one to another ; yet the
Refped and Reverence to that Law is not of
that Prevalence as to be a fufficient Security for
Men to live altogether quietly and undifturbed
in their Natural Liberty.
For although by Accident, there may be
found fome few Men of that moderate quiet
Temper and Difpofition, that they would do
no Injury to others, tho' they might ef-
cape unpunifh'd •, and there may be like-
wife fome others, that in fome meafure bri-
dle in their diforderly Affections thro' fear of
fome Mifchief that may enfue from thence ;
yet, on the contrary, there are a great Num-
ber of fuch, as have no Regard at all to Law
or Juftice, whenever they have any Profped:
of Advantage, or any Hopes, by their own fub-
tie Tricks and Contrivances, of being too hard
for, and deluding the injur'd Party. And as
it behoves every one, that would take care of
his own Safety, to endeavour to fecure himfejf
againft this Sort of Perfons , fo no better Care
an4
Ch. V. according to the Law of Nature. 117
and Provifion can be made, than by means of
thefe Communities and Civil Societies. For al-
tho' fome particular Perfons may mutually a-
gree together to affift each other ; yet unlels
there be fome Way found out, whereby their
Opinions and Judgments may be united toge-
ther, and their Wills may be mo-e firmly
bound to the Performance of what they have
agreed upon, it will be in vain for any one to
cxpe6l and rely upon any certain Succour and
Affiflance from them.
Li A s T L y, Altho' the Law of Nature does IX^
fufficiently infinuate unto Men, that they who ^^^'"''
do any Violence or Injury to other IVJen, fhall ^p^alties.
not efcape unpunifhed ; yet neither the Fear l. N. N.
and Dread of a Divine Being, nor the Stings 1. 7* c- «-
of Confcience are found to be of fufficient Effi- ^ ^h
cacy to reftrain the Malice and Violence of all
Men. For very many Perfons, thro' the Pre-
judice of Cuftom and Education, are, as it
were, altogether deaf to the Force and Power
of Reafon. Whence it comes to pafs, that they
are only intent upon fuch Things as are pre-
fent, taking very little Notice of thofe Things
which are fliture ; and that they are affe6led
only with thofe Things which make a prefent
Imprellion upon their Senfes. But fince the
Divine Vengeance is wont to proceed on but
flowly •, from whence many ill Men have ta-
ken Occafion to refer their Evils and Misfor-
tunes to other Caufes ; efpecially fince they ve-
ry often fee wicked Men^injoy a Plenty and
Abundance of thofe Things wherein the vulgar
Sort efteem their Happinefsand Felicity to con-
fift. Befides, the Checks of Confcience, which
preened any wicjced Adion, leem not to be of
tha;
5i8 The mole 'DutfofMan^ Book II.
that Force and Efficacy, as that Punifhment
which follows the Commiflion of the Fad,
when, that which is done, cannot pofTibly be
undone. And therefore the moft prefent and
cffedual Remedy, for the quelling and fuppref-
fing the evil Defires and Inclinations of Men,
is to be provided by the Conftituting of Civil
Societies.
Chap. VI.
Of the Internal Frame and Conftitution
of any State or Government.
I.
on'^mcef TT ^ ^ "^^^ Enquiry we are to make, is up*
fary. m on what Bottom Civil Societies have been
L. N. N. eredled, and wherein their Internal ConfiitiUion
1. 7. c. 2. (Joes confift. Where, in the firft Place, this is
manifeft, That neither any Place, nor any Sort
of Weapons, nor any Kind of brute Creatures
\ can be capable of affording any fufficient and
fafe Guard or Defence againft the Injuries to
which all Men are liable, by reafon of the Pra-
vity of Mankind : From fuch Dangers, Men
alone can afford an agreeable Remedy by join-
ing their Forces together, by interweaving their
Interefts and Safety, and by forming a general
Confederacy for their mutual Succour •, that
therefore this End might be obtain'd effe6tu-
ally, it was neceffary that thofe who fought to
bring it about, fhould be firmly joined toge-
ther and ajfociatcd into Communilies,
Nor
Ch.VI. accordingto the Law of Nature. '219
N o R is it lefs evident, that the Confent and H.
Agreement of I'wo or Three particular Perfons ^^^^^^
cannot afford this Security againft the Violence trNTN
of other Men : Becaufe it may eafily happen, 1/7. c, ^^
that fuch a Number may confpire the Ruin of § 2.
thofe few Perfons^ as may be able to afTure
themfelves of a certain Vidory over them ; and
*tis very likely they would with the greater Bold-
nefs go about fuch an Enterprife, becaufe of
their certain Hopes of Succefs and Impunity,
To this end therefore it is neceflary, that a very
confiderable Number of Men fhould unite toge-
ther, that fo the Overplus of a few Men to the
Enemies, may not be of any great M ' ment to
determine the Vidlory to their Side.^
Among thofe many, which join together iir,
in prder to this End, it is abfolutely requifite Agrees
that there be a ferfe5i Confent and Agreement con- ^^^^^ ^^J*
ferning the life of fuch Met^ns as are fuofi ^ondu-]^^''-^"^
five to the End aforefaid. For even a great Mul- l. 7. c. z\
ntude of Men, if they do not agree among 5 3.
themfelves, but are divided and feparated in
their Opinions, will be capable of effedling but
very little ; Or, although they may agree for
a certain Time, by reafon of lome prefent
Motion or Difpofition of the Mind •, yet as the
Tempers and Inclinations of Men are very va-
riable, they prefently afterwards may divide in-
to Parties. And although by Compad they en-
gaged among themfelves, that they would em-
ploy all their Force for the common Defence
and Security •, yet neither by this Means is
there fufHcient ProviCion made, that this Agree-
ment of the Multitude fhall be permanent
and laffing : But fomething more than all this, -
^ requifite, tq wit^ That they who have once
" ' * entered
22P The Whole Duty of Man^ Book IL
entered into a mutual League and Defence for
the Sake of the Publick Good, fliould be de-
barr'd from feparating themfelves afterwards,
when their private Advantage may feem any
ways to clafh with the Publick Good,
^^* But there are two Faults, which are chief-
auiu ly incident to Human Nature, and which are
low re- ^^ Occafion that many who are at their own
medied. Liberty, and independent one upon the other,
L. N. N, cannot long hold together for the promoting of
i. 7. c. 2. ^j^y Publick Defign. The One is the Contrariety
^ * of Inclinations and Judgments in determining
what is moll conducive to fuch an End •, to
which in many there is join'd a Bulnefs of Ap-
prehending which, of feveral Means propos'd,
is more advantageous than the reft •, and a cer-
tain Ohftinacy in defending whatfocver Opinion
we have embraced. The other is a certain
Carelefnefs TiVidi Abhorrence of doing that freely,
which feems to be convenient and requifite,
whenfoever there is no abfolute NecefTity, that
compels them, whether they will or no, to the
Performance of their Duty. The Firft of thefe.
Defeds may be prevented by a Lifting Uniting
of all their Wills and Affedions together. And
the Latter may be remedied by the conftituting
of fuch a Power as may be able to inflid a
prefent and fenfible Penalty upon fuch as ftiall
decline their Contributing to the Publick Safe-
ty.
V. The Wills and Aftedlions of a great Num-
Vmon of |3gj. ^^ y^^^ cannot be united by any better
means, than when every one is willing to fub-
mit his Will to the Will of one pardcular Man^
or one Aflembly of Men ♦, fo that afterwards
whatfqever he or they fliall m\\ or determine
concerning
Ch. VI. according to the Law of Nature. a 2 i
concerning any Matters or Things neceflary for
the Publick Safety, ihall be efteemed as the
Will of M and every particular Perfon.
Now fuch a Kind of Power, as may be VL
formidable to All, can by no better means be ^^ ^f
conitiaited among a great Number of Men, ^^^"*
than when All and every one fhall oblige them-
felves, to make Ufe of their Strength after that
Manner, as he fhall command, to whom All
Perfons muft fubmit and refign the Ordering
and Diredion of their united Forces : And
when there is an Union made of their Wills
and Forces, then this Multiuude of Men may
be faid to be animated and incorporated into a
firm and lading Society.
Moreover, that any Society may grow VII.
together after a regular Manner, there are re- ^^^^*' ^^-
quired Two Covenants^ and One Decree, or ^^f (7^.
Conftitution. For, firft. Of all thofe many, who tenants,
are fuppofed to be in a Natural Liberty, when The Firfl,
they are joined together for the forming and J-- N- ^•
conftituting any Civil Society, every Perfon en- J ^* ^' ^'
ters into Covenant with each other. That they
are willing to come into one and the fame laft*
ing Alliance and Fellowfhip, and to carry on
the Methods of their Safety and Security by a
common Confultation and Management among
themfelves : In a Word, That they are willing
to be made Fellow Members of the fame So-
ciety. To which Covenant, it is requifite, that
All and fingular Perfons do confent and agree,
and he that does not give his Confent, remains
excluded from fuch Society.
After this Covenant, it is neceflary, that • VIII.
there fhould be a Conftitution agreed on by a confiitw^
publick Decree, fetting forth, what Form of*'^"'
Government
i
Ut The Pf^ole Duty ofMan^ Book It*
Government is to be pitched upon. For 'till
this be determined, nothing with any Certainty
can be tranfadled, which may conduce to the
publick Safety.
IX, After this Decree concerning the Vorm of
JU other Government^ there is Occafion for another Co-
L^^N^N "^^^^^^^ when he or they are nominated and con-
l.V. c. t'.ft^^^^^^ ^P^^ whom the Government of this
f 8.* Rifing Society is conferred ; by which Covenant
the Perfons that are to govern, do oblige them-
felves to take Care of the Common Safety,
and the other Members do in like manner ob-
lige themfelves to yield Obedience to them \
whereby alfo all Perfons do fubm-it their Will
to the Will and Pleafure of him or them, and
they do at the fame Time convey and make
over to him or them the Power of making
Ufe of, and applying thei*- united Strength, as
fliall feem moft convenient for the Publick Se-
curity. And when this Covenant is duly and
rightly executed, thence, at laft, arifesa complete
and regular Government.
A C I V I L Society and Government, thus con-
'flituted, is look'd upon as if it were but One
^^fned. Perfon^ and is known and diftinguifhed from
L. N. N. every particular Man by one Common Name ;
1.7. C.2. and it has peculiar Rights and Privileges,
5 *3* which neither each One alone, nor Many, nor
All together can claim to themfelves, without
him, who is the Supreme, or to whom the Ad-
miniftration of the Government is committed.
Whence a Civil Society is^ defined to be. One
Perfon morally incorporated, whofe Will con-
taining the Covenants of many united together,
}s looked upon and efteemed as the Will of
All i fo that he is in a Capacity of making
Ufe
X.
A Com-
Ch» VI. according to the Law of Nature^ 223
Ufe of the Strength and Power of every parti-
cular Perfon for the Common Peace and Secu-
rity.
Now the Will and Intention of any Con- X^-'
flituted Government or Society exerts it ^^If, ?^^^^^*'
as the Principle of Publick Actions, either by q^^I^
one particular Perfon, or by one Council or Af- L. Ni N»
fembly, according as the Power of Managing ^' 7- f- *•
Affairs is conferr'd on him, or on fuch an Af- ^ *4*
fembly. Where the Government of the State
is in the Pov^r of One Man, the fa id Society
is fuppofed to will, whatfoever fhall be the
Will and Pleafure of that Man, allowing that
he is in his perfeft Senfes ; and it being about
thofe Affairs which only relate to Govern-
ment.
But when the Government of a State is XII.
conferr'd upon a Council^ confiding of feveral ^^"^ ^^
Men, every one of them retaining his own Na- ^^\ ^^
tural Free- Will, that regularly is efteemed toi.*7/c. 2.
be the Will and Pleafure of the State, whereto 5 i5«
the Major 'Part of the Peribns, of whom the
Council is compofed, does give their Aflent ; *
unlefs it be exprefsly declared, how great a
Part of the Council confendng is required to
reprefent the Will of the Whole. But where
two differing Opinions are equally balanced on
both fides, there is nothing at all to be con-
cluded upon, but the Affair flill remains in its
former State. When there are feveral differing ^
Opinions, that fhall prevail which has more
Voices than any of the other differing Opini-
ons, provided fo many concur therein, as other-
wife might have reprefented the Will and Plea-
fuje of the Whole, according to the Publick
Conftitutions.
AStat«
214 The Whole Duty of Man, Book lit
XIII. A S T A T E or Government being thus confti-
l^mTof F'^^^^' ^^^ Party on whom the Supreme Power
Govern! ^^ conferr'd, either as it is a fmgle Perfon, or a
ment. Council cdnfifting of fckd: Perfons, or of All in
L. N. N. General, is called a Monarchy, an Aris-
1. 7. c. 2. TocRACY, or a Free S^ate ; the reft are
* looked upon as Subje^s or Citizens^ the Word
being taken in the moil comprehenfive Senfe:
Although, in Stridnefs of Speech, fome call on*
ly thofe Citizens^ who firft met and agreed to-
gether in the forming of the faid Society, or
€\k fuch who fucceeded in their Place, to wit,
Houfe-holders or Mafters of Families,
Moreover, Citizens are either Originally
{o ; that is, fuch as are born in the Place, and
upon that Account claim their Privileges : Or
elfe Adfcititious -, that is, fuch as come from
Foreign Parts.
O F the firft Sort, are either thole who at
firft were prefent and concerned in the forming
the faid Society, or their Defcendants, whom
we call Indigence^ or Natives.
Of the other Sort are thofe who come from
Foreign Parts in order to fettle themfelves
there. As for thofe who come thither only to
make a Ihort Stay, although they are for that
Time fubjed to the Laws of the Place ; never-
thelefs, tifiey are not looked upon as Citizens,
but are called Strangers or Sojourners.
XIV. Not that what we have delivered concern-
mel7f^cm ^"S ^^e Original of Civil Societies, does any
G^O D?'^ ways hinder, but that Civil Government
L. N. N. may be truly faid to be from GOD. For it
^ 7. c, 3. being his Will, that the Pradtices of Men
(hould be ordered according to the Law of Na-
ture 9 and yet upon the Multiplication of Man-
kind
be clear and flain ; and no more in Number than 1 1
will promote the Good of the Republick and ( j
its Members. For, confidering that Men ufe
to deliberate upon the Things they ought^ or
ought not to do, more by the Strength of their
Natural Reafon^ than their Underftanding in
the Laws ; whenever the Laws do fo abound in
Number, as not eafily to be retained in Memo-
ry *, or are fo particular in their Matter, as to
prohibit Things which are not prohibited by
the Light of Reafon •, it muft certainly come to
pafs, That innocent Perfbns, who have not had
the leaft ill Intention to tranfgrefs the Laws,
will be many times unwittingly hamper'd by
them, as by Snares, to their unreafonable Pre-
judice, againft tlie very End of Societies and
Government.
* See ViJfertatioTJes Academics de Concord* Pcllt, cum
ReJigione Chrijiiana, Lib. ii. Pag. 449. And alfo De Ha^
^itu ReVigiovis Chr'ijilan£ ad V'ttam Civilem ; Elpeci^Uy
Chapters 7, 47, 49'
R 4 Yet
248 *I1j€ Whole Duty of Man^ Book II..
VI. Yet it is in vain for Princes to make Laws,
^xecJeP'^^^ at the fame time fuffer the Violation of
J-. K. N. them to pafs with Impunity. They muft there-
1. 7. c. 9. fore caufe them to he put in Exectitlon, both for
§ 0« every honeft Perfon to injoy his Rights without
Vexation, Evafions, or Delays \ and alfo for
every Malefactor to receive the Punifhmcnt due
to the Quality of his Crime, according to the
Intention and Malice in the commicdng it.
^Xhey are not to extend their Pardons to any
without fufficient Reafbn. For it is an unjuft
Pradice, which tends greatly to irritate the
Minds of People againft the Government, not
to ufe Equality (all Circumftances confidered)
towards Perfons that are Equal in their De-
fervings.
VII. And as nothing ought to be Enabled under
L^ N^'^N ^ P^^^^^iy-i without the Confideration of fome
I.';, c. 9* P^^M to the Common-wealth, fo in the fmng
C 7. of Penalties proportionaUy to that End^ it is fit-
ting to obf.Tve a Moderation •, with Care, that
the Damage thence arifing to the Subjc6l on the
one Hand, exceed not the Advantage that re-
dounds to the Common-wealth on the other.
In fine, to render Penakijs effedual in obtainr
ing the End intended by them, it is clear they
fhould Hill be magnified to fuch a Degree, as,
by their Severity, to out- weigh the contrary Gain
and Pleafure, that is pofilble tp proceed frprr>
chufing the Crimp.
yill. Moreover, inafniich as the Defign of
("^ n'^ N P-^P^^' ^'^ incorporating together in a Common-
l.'?. c/o' wealth, is their Security from Harms and Vio-
§ %, ■ lenee ; it is the Dii^y of the fupreme Magif-
tr;ite to prohibit any Injury of one Suhjeol to ano^,
ther fo much the more fcverely,becaulc, by their
ponltant
Ch. XL ctccordin^to the Law of Nature* 249
conftant Cohabitation in the fame Place, they
have the fiiirer Opportunities to do them or to
refent them : Remembring, that no Diftindi-
ons of QuaUty or Honour derive the lead Pre-
tence to the Greater to infult over the Lefs at
their Pleafure. Neither has any SubjecSi: whatfo-
ever tiie Liberty to feek his Satisfadion for the In-
juries, he prefumes are done him, in the Way of
a private Revenge. For the Defign of Govern-
ment is deilroyed by fuch a Proceeding as this.
And although there is no one Prince, how ix,
ingenious foever in Bufinefs, that is able in his Mimfiers
own Perfon to manage all the Affairs of ^°f ^^"^^^
Nation of any confiderable Extent, but he?J^^^^
muft have Minifters to participate with him in i, n/n.
his Cares and Counfels \ Yet as thefe Minifters U 7. c. 9,
borrow their Authority, in every Thing they ^ 9.
do, from Him s fo the Prajfe or Difpraife of
their A6tions returns finally upon Him alfo.
For which Reafon, and becaufe according to the
Quality of Minifters, Bufinefs is done either
well or ill, there lies an Obligation upon a
Prince to advance honeft and // Perfons to Of-
fices of Truft in the Government, and upon Oc-
cafion to examine into the Proceedings of the
fame ; and as he finds them deferving, to re-f
ward or punifli them accordingly, for an Ex-
ample to others to underftand, that there is no
lefs Fidelity and Diligence to be ufed in mana-
ging the puhlick Bufinefs, than one would prac-
tife in any private Aflair that relates to him-
felf. So when wicked People are incouragcd to
put their Inchnations in Pra6lice, upon the Hopes
of efcaping very eafily unpunifh'd under Judges
that are jiibjeul to Corruption ; it is a Prince's
puty to animadvert fcyefely upon fuch Judges,
as
25® ^I'he Whole Duty of Man ^ Book IL
as Favourers of Vice, againft the Safety of the
Subject, and ^let of the Nation. And though
the Difpatching of the ordinary Affairs may be
committed to the Minifters Care •, yet a Prince
is never to refufe to lend his Ear with Patience,
when his Subje6ls prefent him with their Comr
plaints and Addreiles.
X. For Taxes and the like Duties, to which
^^F^" Subjects are upon no other Account obliged,
/^/ "' ^^^^ ^^ ^^^y ^^^ neceffary to fupport the publick
L. N. N. Charge in Peace and War ; it deferves to be
1. 7. c, 9. the Care of Princes not to extort more, than
% *^- either the Necejfnies or fignal Advaritages of the
Nation require -, and fo to alleviate and foften
them in the Ways and Means of laying them
upon the Subje6t, that every one may find their
Weight as litde ofienflve as it can pofTibly be ;
being charged upon Particulars in a fair and
equitable Proportion^ without favouring of one
Perfon, to deceive or opprefs another. And let
not the Money that is fo rais'd be confumed by
Princes in Luxury and Vanities, or thrown a-
way in Gifts and needlefs Oflentation •, but laid
out upon the Occafions of the Nation ; always
forefeeing, that their Expences be made to an-
fwer to their Revenue ; and in cafe of any
Failure in the latter, fo to order Things, that by
prudent Frugality and retrenching unnecefTary
Expences, the Publick may not fuffef Damage
for want of a fufficient Treafure.
^^' I T is true, Princes have no Obligation up-
thl^SubeB^^ them to find Maintenance for their Subje6ls,
to be ^ad- otherwife than Charity dirc6ls them to a parti-
vanced by cular Care of thofe, for whom it is impolTible
L^'^N^^'xr ^^ ^ubfift of themfelves by Reafon of fome Ca-
j J. 'lamity undeferved. Yet becaufe the Money,
§\i\ ' that
Ch. XL according to the Law of Nature. a 5 x
that is necefTIiry for the Conferva tlon of the
Pablick, muft be raifed out of the Subjefts
Elates, in whofe Wealth and Happinefs the
Strength of a Nation does confift •, it therefore
concerns Princes to ufe their beft Endeavours,
that the Fortunes of their Subje^s improve and
flourijh ; as particularly, by giving Orders,
how the Produdls of the Earth and Water may
be received in the mpft plentiful Meafure ; and
that Men employ their Induftry in improving
fuch Matters as are of their own Growth, and
never hire foreign Hands for thofe Works which
they can conveniendy perform themfelves. That
all Mechanick Arts and Merchandife, and in
Maritime Places, Navigation be incouraged, as
of great Confequence to the Commonwealth.
That Idlenefs be banifhed from amongft them,
and Frugality be reftored by Sumptuary Laws,
contrived on Purpofe to avoid fuperfluous Ex-
pences ; efpecially thofe, which occafion the
tranfporting of Riches out of the Kingdom.
Whereof, if the Prince is pleafed to fet an Ex-
ample in his own Perfon, it is likely to prove
of greater Force than all the Laws befide.
Farther, Since the internal Health and XU,
Strength of a Nadon proceeds in a particular ^^^ions
Manner from the Unity that is among the Peo- ^^f ^^^'
pie ; and according as this happens to be more l. "n. N
and more perfe(5l, the Power of the Govern- }. 7. c 9. '
rnent diffufes it felf through the whole Body§ 12.
with fo much the greater Efficacy : It is for this
Reafon incumbent upon Princes, to hinder, as
well the Growth of puUick Fa^ions^ as of pri-
vate JJfociations of particular Perfons by Agree-
ments amongft themfelves. As alfo to fee,
}:hat neither allj npr any of the Subjedts, place a
greater
252 The Whole Duty ofMan^ Book II.
greater Dependance, or rely more for Defence
and Succour on any other Perfon, within or
without the Realm, under any Pretence what-
foever, whether Sacred or Civil, than on their
lawful Sovereign, in whom alone, before others,
all their Expectations ought to be repoled.
XIIT. Lastly, Since the Peace of Nations in
Of War reference to one another depends upon no very
^^^thU' ^^^^ Certainties ; it ought to be the Endea-
m>» tiA' vour of Princes to incourage Valour and Milita^
tions. ry Studies in their Subje6ls ; having all things,
L. N. N. as Fortifications, Arms, Men, and Money
^- 7- ^' 9. (which is the Sinews of Civil Affairs) ready pre-
^ '^* pared, in cale of any Attack from abroad, to
repel it : Though not voluntarily to begin one
upon another Nation, even after fufficient Caufe
of War given, unlefs when invited by a very
iafe Opportunity, and that the Publick be in a
good Condition conveniently to go thro' with
the Undertaking. For the fame Reafon it is
proper to obferve and fearch into the Counlels
and Proceedings of Neighbours with all Exadl:-^
neis, and to enter with them into Leagues and
Alliances as prudently, as fo great a Concern
requires.
Chap.
Ch* XII. according to the Law of Nature* 25}
Chap. XII.
Of the special Laws of a Communi*
ty, relating to the Civil Govern-
ment.
IT Now remains, That we take a view of I.
the refpedive Parts of Supreme Govern- ^^^* '^'/
ment, together with fuch Circurnftances therenn- T^'y^ v
to belonging, as we find are worthy to be ob- i/g, ^, 1*
ferv'd. In the firft Place, there are the Civile i.
Laws^ meaning the A<5ls and Conftitutions of
the higheft Ctvil Authority for the Time being,
ordained to diredt the Subjedl in the Courfe of
his Life, as to what Things he ought to do,
and what to omit.
These are called Civile upon two Accounts II.
efpecially : That is. Either in Regard to their ^h /'
Authority^ or their OripnaL In the firft Senfe, ^^^^^^*
all manner of Laws whatfoever, by the Force
whereof Caufes may be tried and decided in a
Court of Civil Judicature, let their Original be
what it will, may pafs under that Denominati-
on. In the other, we call only diofe Laws Ci-
viiy which derive their Original from the Will
of the Supreme Civil Government, the Subje6bs
whereof are all fuch Matters, concerning which
neither the Laws of God or Namre have de-
termined ♦, yet a due Regulation and Settlement
of them is found to be very conducive and ad-
vantagious to particular Commonwealths.
As
iJ4 T'ke Whole T>uty of Man^ Book 11.
^J^\ As nothing therefore ought to be made the
JfNattZ S"^j^^ of a Civil Law, but what relates to the
to he rein- ^^^^ of the Commonwealth that does ordain it ;
forced by fo it feeming in the higheft Degree expedient to-
T^^'S XT ^^^^^ ^^^ Regularity and, Eafe of living in a
1*8 e i Community, That in particular /i?^ Law of Na-
^ 2.* ' ' ture Jhould he diligently ohferved hy all People -, it
lies upon Suprerrie Governours to authenticate
the faid Law with the Force and Efficacy of a
Civil Law. For fince indeed the Wicked nefs
of a great Part of Mankind is arrived to a De-
gree, which neither the apparent Excellency of
the Law of Nature, nor the Fear of God Him-
felf, is fufficient to reftrain ; the moft effedlual
Method remaining, to preferve the Happinefs
of living in a Community, is, by the Authori-
ty of the Government to inforce the Natural by
the Civil Laws^ and fupply the Difability of
the one with the Power of the other.
. ^V. Now the Force and Power ^ which is in Ci-
'^^^^J^^^ vil Laws^ confifts in this, That to the Manda-
"'^* tory Part of the Statute, concerning Things to
be done or omitted, there is annexed a Penal
San5fion^ afligning the Punilhment that is to be
inflicted upon a Man by a Court of Juftice for
omitting what he ought to do, or doing what
he ought to omit. Of which Kind of San6i:i-
ons, the Laws of Nature being of themlelves
deftitute, the breaking of them does not fall
under the Punifhment of any Court in this
World ; but yet it is referved for the Judg-
ment of the Tribunal of GOD.
^•. More particularly, it is inconfiftent with
OjAHtons ^Yit Nature of living in a Community, for any
one by his own Force to exad and extort what
himfelf accounts to be his Due. So that here
the
Ch. "XIL according to the Law ofNaturel 2 jj
the Civil Laws come in, to the Afliftance of the
Natural, For they allow the Creditor the Be-
nefit of an A5lion^ whereby the Debt that is
owing to him by Virtue of a Law of Nature,
with the Help of the Magiftrate, may be de-
manded and recovered in a Court of Juftice,
according to the Courfe of the Laws of the Na-
tion : Whereas without fuch Inforcement of
the fiid Laws, you can force nothing from a
Debtor againft his Will •, but muft intirely de-
pend upon his Confcience and Honour. The
Civil Laws admit of ABions chiefly in the Cale
of thofe Obligations that are contradled betwixt
Parties by an exprefs Bond or Covenant. For
as to other Affairs, where the Obligation arifes
from fome indefinite Duty of the Law of Na-
ture, the Civil Laws make them not fubjedl to
an AEiion at all \ on purpofe to give occafion
to good Men to exercife their Virtue, to their
more extraordinary Praife, when it is evident,
they do that which is juft and honeft with-
out CompuKion. Befide that, frequently, the
Point in Queftion may not be of Confequence
enough to trouble a Court about it.
And wht^reas the Law of Nature commands vi.
many Things at large, in an indefinite Manner, TU Pro- '
and leaves the Application of them to every oYi^fecutlon of
in his own Breaft ; the Civil Laws being care- *^^^
ful of the Honour and Tranquillity of the Com-
munity, prefer ibc a certain Time^ Manner y
Place ^ Perfons^ and other Circufnjiances, for
the due Profecution of thofe Adlions, with the
Propofal of a Reward upon Occafion, to incou- ''
rage People to enter upon them. And when
any Thing is obfcure in the Law of Nature,
the Civil Laws explain it. Which Explication
the
iJ6 The Whole Duty of Man, Book II.
the Subje(5ls are obliged to receive, and follow,
although their oWn private Opinions do other-
wife lead them to a contrary Senfe.
VII. So that there being thus a Number of Ad-
form. ions, left by the Law of Nature to be confider'd
according to the Will and Judgment of each
Perfon, which neverthelefs in a Common- wealth
ought to be regularly ftated for the greater De-
cency and Quiet of the fame ; it ufes to be the
Care of the Civil Laws to reduce all thofe Ac-
tions, with their refpedive Concerns, to a pro-
per For 7)1 ; as we fee it is in Wills, Contracts,
and divers other Cafes : from whence it comes,
that they limit us fas they do) in the Exercife
of feveral Rights, to the Ufe whereof the
Law of Nature left us much at Liberty,
VIII. For. fo far as the Civil Laws do not openly
7he Obe. contradid the Law of GOD, the Subjeds
d'tence due^^^^^ obliged to obey them, not merely out of
^y^'^^^^j- Fear of Punifhment, but by an internal Obli-
' gation confirm'd by the Precepts of the Law
of Nature it felf This being one of them, a-
i mongft others. That Stibje^ls ought to obey their
( lawful Sovereigns.
IX. N A y, it is their Duty to obey even the Per-*
And. to fond Cofmnands of their Sovereigns, no lefs than
the parti' ^\^Qy ^q ^]^q Common Laws of the Kingdom.
c"L"w,0|ily here they muft obferve whether the
of the So- Thing commanded is to be done by them as m
vereign, their own Names, in the Quality of an Adion
L. N. N. belonging properly to Subjects to do ; or whether
1. 8. c. I. -^ ^^ barely to undertake the Execution of an
Affair for the Sovereign, in Confequence of
that Authority which he has to command it. *
In
* This Diftmdion will by no roeafii hold good ; for
CH. XIII. according to the Law of Nature, i 57
In the latter Cafe, the NecefTity that is impo-
^tdi upon the Subje6l excufes him from Sin, the*
to command the Fa6l it lelf is a Sin in the So-
vereign. But in the Other, for a Subject, as
in his own Name, to do a Thing which is re-
pugnant to the Laws of God and Nature,
cln never be Lawful. And this is the Realbn,
why, if a Subjedl takes up Arms in an unjull
War, at the Command of his Sovereign, he
fins not : Yet if he condemns the Innocent,
or accufes and witnefles againft them falfely up-
bn the like Comrhand, he fins. For as he
ferves in War, he ferves in the Name of the
Publick ; but a6ling as a Judge, Witnefi,
6r Accufer, he does it in his Own.
Chap. XIIL
Of the Tower of Life and DeatL
Tri E Civil Government, ttiat is fupreme I.
in .every State, has a Right over the T'oiofoW-
Lives of its Subjects, either indire^ly, when it
expofes their Lives in Defence of the Publick ;
or dire^ly^ in the Punifhrnent of Crimes.
For when the Force of Foreigners in an In- n.
vafion (w^hich often happens) is to be repell'd Indirefff^^
by Force ; or. That we cannot without the
the Thing commarided by the Sovereign, be manifeft/y
Criminal, Unjuft, atnd Unrighteous, let it be com. v
manded in what Way and Method it will, and inforced ^
#iih the greateft Threats pofTible, it ought not to be ^-
comply'd with. See t. Tvf, JNf. Lib, i.Cap. i. $ 34-
S Ufc
2 5 8 The VJ^oIe Duty of Man; Book 11.
Ufe of Violence obtain our Rights of them ;
it is lawful for the Government, by its fupreme
L. N. N. Authority, to compel the Subjedls to enter in-
* 8. c. 2* fQ ji-g Service ; not thereby purpofely intending
their Death, only their Lives are expofed to
fome Danger of it. On which Occafions, that
they may be able to behave themfelves with
Skill and Bravery, it is fit they fhould be ex-
ercifed and prepar'd for the Purpole. Now the
Fear of Danger ought not to prevail with any
Subjeft, to render himfelf uncapabk of undergo-
ing the Duties of a Soldier ; much lefs ought it
to tempt a Man that is adlually in Arms, to de-
fert the Station appointed him ; who ought to
fight it out to the laft Drop of his Blood, un-
lefs he knows it to be the Will of his Comman-
der, that he fhould rather preferve his Life than
his Poft \ or if he be certain that the maintain-
ing of fuch Poft is not of fo great Importance,
as the Prefervation of the Lives ingaged therein.
The Government claims a Power to take
^^^' away the Lives of Subjeds direElly^ upon the
l'''n "^N ^^c^^o" ^^ ^^y heinous Crimes committed by
l.'s. c. 3! them *, * whereon it pafTes Judgment of Death
f I. by way of Punijhment : As like wife the Goods
and Chattels of Criminals are fubjedt to the Cen-
fure of the Law. So that here fome general
Things concerning the Nature ot Puniihments,
come to be difcours'd.
Punishment is an Evil that is fuffered^
o/^p ' ^" Retaliation for another that is done. Or, A
l(hments certain grievous Pain or Preflure, impofed up-
L. N. >j! on a Perfon by Authority, in the Manner of
1. 8. c. 3! a Force, with Regard to an Oftence that has
§4. ^ ^
* Grotius de "Jure Belli & Pachy 1. 2. c. zo, 6^ 2r*
been
Ch. Xllt. accordingtoihe Law of Nature. '259
been committed by him. For although the
doing of fome Things may oftentimes be com-
manded in the Place of a Punifhment, yet it is
upon this Confideratlon, that the Things to
be done are troublefbme and laborious to the
Doer, who will therefore find his SufferLngs
in the Performance of fuch A6lion. A Punifh-
ment alfo fignifies its being inflidled againft
the Wills of People : For it would not other-
wife obtain its End -, which is, to deter them
from Crimes by the Senfe of its Severity : An
Effe6l it never would produce, if it were only
fuch, as an Offender is willing and pleas'd to
Undergo. As for other Sufferings, which hap-
pen to be undergone in Wars and Engage-
ments ; or which one bears innocently, being
wrongfully and injurioufly done him *, the For-
mer not being inflidled by Authority, and the
Other not referring to an antecedent Crime,
they do neither of them import the proper Senfe
and Meaning of a Punijhment, V.
By our Natural Liberty ^ we enjoy the Privi- iH'i^ed
lege to have no other Superiour but G OD over ]^J^^^'^^
Us, * and only to be obnoxious to Punilhments
* The Author here reafons on a falfe Hypothecs. He,
pretends, as is plain from what is here laid down
That no one can inflid any Punifhment on another, un-
lefs he be his Superiour. Now in the State of Nature
all are ecjual ; and then all Natural Laws would be ufe-
lefs and infignificant, if a Power, in jfuch Cafe, were
ho where lodged to punilh thofe who violate them,
either with Refpeft to any private Perfon, or to Man-
kind in general ; the Prefervation of which is the End
of thefe Laws, to the Obfervation of which all Men
ftand under a common Obligation. In this independent
State, every one has a Right to put thefe Laws in Ex-
ecution, and to punilh the Perfon who violates them.
See L. N. N, Lib. 8. Chap* 3. $ 4.
S 2 Divine,
z6o The Whole Duty of Man^ Book II.
J-^ jj, N. Divine. But fince the Introdudion of Govern-
' 8. «• Z^ment^ it is allow'd to be a Branch of the Office
'* of thofe in whofc Hands the Government is in-
trufted, for the Good of all Communities 5
that upon the Rcprcftntation of the unlawful
Pradlices of Subje£ls before them, they fhould
have Power effe6lually to coerce^ [punifli and
reftrain] the lame, that People may live toge-
ther in Safety.
yi^ Neither does there fecm to beapv Thing of
The Bene- Inequality in this \ ihdithe who Evil does Ihould
/' of EvWfuffer. Yet in the Courfe of Human Punifh-
them, ments, we are not folely to regard the Qua-
lity of the Crime, but likewife to have an E.yc
upon I he Benefit of the Punijhment : By no
rti^ans executing it on purpofe to feed the Fancy
of the Party injur'd, or to give him Pleafure
in the Pains and Sufferings of his Adverlliry :
Becaufe fuch Kind of Pleafure is abfolutely inhu-
mane, as well as contrary to the Difpofition of
a good Fellow-Subjedl.
Vn. The Genuine End of Punijhmeyits in a State^
The ^nd is, The Prevention of Wrongs and Injuries ;
1^ 'n'^'n ^^'^^^ ^^^^ ^^"^^^ ^'^"^^^^ Effed, when he who does
18 c, V ^^ ^"i^^^y ^5 amended^ or for the future incapa-
j si * citated to do more, or others taking Example
from his Sufferings are cjeterr'd from like Prac-
tices ; or, to xprefs it a nother way. That
v,'hich a Government defigns in the Matter of
Punifhmcnts, is the Good^ either of the Offen-
der, or the Party offended, or generally of
All its Subjects.
VT r T. First, We confider the Good of the Offen-
Vpon the der : In whofe Mind the Smart of the Pu-
i^^-K ^^^"^^^'^ ferves to work an Alteration towards
) s c 3* Amendment, andcorreds thcDefire of doing
$
Ch. XIIL according to the Law of Nature. z6x
the fame again. Divers Communities leave fuch
. Kind of Punilhments as are qualified with this
End, to be exercis'd by Mailers over the
Members of their own Families. But it never
was thought good they fl-iould proceed fo far
as to Deaths becaufe, he that is dead is pad
Amendment,
I N the next Place, a Punifliment intends the IX.
Good of the 'Party offended : fecuring him, that '^P» ^^^
he fuffer not the like Mifchief for the future, ^^''0' "/-
either from the fame or other Perfons. He be- l n/n
comes fecure from being again injured in like 1. 8 c. 3*
Manner by the fame Perfon ; firft, By the ^ ' i*
Death of the Criminal ; or, fecondly. If he
be allow'd Life, by depriving him of Powt
er to hurt ; as, by keeping him in Cuftody^
taking his Arms, or other Inftruments of Mif-
chief, from him, fecuring him in fome diftant •
Place, and the like ; or, thirdly. By ob-
liging him to learn, at his own Peril, not to
incur farther Guilt, or offend any more. But
then to fecure the Party offended from fuffering
the like Injury from other Hands, it is necejf ^
fary that the Offender be punilhed in a moft
Open and Publick Manner, whereby the Crimi-
nal may become an Example to all others; and
that his Punifliment be accompanied with fuch
Circumftances of Form and Pomp^ as arc apt to
ftrike a Dread into as many as behold it.
In a Word, the Good of all People is intend- X.
ed by the Execution ofPuniffiment in t^\%Vpon All
Manner. For by this means. Care is taken, J- ^- N.
that he who has done a Mifchief to one. Ilia 11 1* ^' ^* ^*
do no fuch Mifchief again to another : The
Terrour of whofe Example may alfo be an Arir
tidot€ for tUe reft againft the Temptations to
S3 his
26z The Whole Duty ofMan^ Book IL
his Crime : And this Good accrues after the
fame Manner as the former.
XI. But if, together with the End of Punilh-
Internal ments, we confider the Condition of Humar>
^;^^ ■'^{^^^ Nature, we Ihall fee. That all Sins are not
rot fub' of i^^i ^ality\ that they muft necejfarily fall un-
jeH to der the Sentence of a Court ofjufttce. The A5ls
*i^>z V ^f ^^^ Mind within itfelf^ which are merely in-
l.'s 'c q! ^^^"^1 ' ^^^^h 3S, Thinking upon a Sin with
5 14. * * Delight, coveting, defiring, refolving to do
an ill Thing, but without effedl •, though
they Ihould be afterwards made known by a
Man's own Confeflion, yet are all exempted
from the Stroke of human Punifhments. For
{o long as thofe internal Motions have nqt
broken forth into A6tion, nor occafion'd the
Prejudice of any one, whom does it concern
^or profit to caufe the Author to fuffer for the
fame?
XTi. I T would alfo be over fevere in Laws, tp
7<[or mi' punifh the more minute Lapfes which may dai-
nute Lap' jy happen in the Adions of Men •, whes, in
^^^' the Condition of our Natures, the greateft At-
tention cannot prevent them.
XIII. There are many Inftances of Adlions more.
And other of which the Publick Laws difTemble the tak-
Anions, ing of any Notice, for the fake of She PuUick
1 8 Peace. As fometimes, becaufe a good Ad:
J* 1^/* ^' fhines with greater Glory, if it feems not to
have been undertaken upon Fear of human
Punifhment ; or, perhaps, it is not altoge-
ther worth the troubling of Judges and Courts
about if, or, it is a Matter extraordinarily
difficult to be decided ; or it may be fome old
inveterate Evil, which cannot be removed,
without caufing a Conv:ulfion in the State.
u
Ch. XIII. according to the Law ofNatt^re. 2 53
In fine, it is abfolutely neceflary. That all XIV.
thofe Diforders of the Mind Jhould he exemped ^'^^ '^^
from Punifhment^ that are the Effeofs of the com- fl//j[^l„^^
tnon Corruption of Mankind \ fuch as Ambition,
Avarice, Rudenefs, Ingratitude, Hypocrify,
Envy, Pride, Anger, private Grudges, and
the like. All thefe of NecefTity, muft be ex-
empted from the Cognizance of Human Judica-
tures, fo long as they break not out into pub-
lick Enormities -, feeing they abound to that
Degree, that if i you fhould feverely purfue
them with Punifhments, there would be no
People left to be the Subjefts of Government.
Farther, When there have been Crimes ^ V
committed, which are punifhable by the Ci- Qf Par^
I vil Judicature, it is not always neceflliry to exe- don,
^ cute the Sentence of Juftice upon them. For in f'* ^* ^*
fome Cafes a Pardon may polTibly be extended ; ' ^' ^*
to Criminals, with a great deal of Reafon^ (as
it never ought to be granted without it -■,) and
amongft other Reafons, thefe efpecially may be
Ibme : I'hat the Ends, which are intended by
Punilhments, feem not fo neceffary to be at-
tended to in the Cafe in Queflion : Where a
Pardon may produce more Good than the Pu-
nifhment, and the faid Ends be more conveni-
ently obtain'd another way : That the Prifo-
ner can allege thofe excellent Merits of his own
or of his Family towards the Common -wealth,
which deferve a fingular Reward : 'That he is
famous for fome remarkable rare Art or other ;
or, it is hoped, will wa(h away the Stain of
his Crime by performing fome Noble Exploit :
That Ignorance had a great Share in the Cafe,
tho' not altogether fuch as to render the Crimi-
nal blamelefs 2 Or, That a particular Reafon
S 4 of
%6^ The M^^Ie Duty of Man^ Book II,
of the Law ceafes in a Fadt of the fame Nature
with his. For thefc Reafons, and oftentimes
^or the Number of the Offenders, being very
great, Pardons muft be granted, rather than
the Community fliall be exhaufted by Punifh-
ments.
XVI. T o take an Eftimate of the Greatnefs of any
The great" Crime ^ there is to be confider'd, firft, The
nefs of a Objcfl againft which it is commited •, how No-
L*''k N ^^^ ^"^ Precious that Vi : Then, The Effe^ls *,
l/g. *c. 3*. ^^^^ Damage, more or lefs it has done to the
J x8* * Common-wealth : And next. The Pr acuity
of the Author's Intention, which is to be col-
le6ted by feveral Signs and Circumftances : As,
Whether he might not eafily have refilled the
Occafions that did tempt him to it ? and befides
the common Reafon, Whether there was not
a pecuHar one for his Forbearance ? What
Circumftances aggravate the Fad: ? or. Is he
not of a Soul difpos-d to refift the Allurements
of a Temptation ? Inquiring yet farther, Whe-
ther he was not the Principal in the Commif"
fion ? or. Was he feduced by the Example
of others ? Did be commit it once, or oftner,
or after Admonidon fpent in vain upon him ?
XVII. But for the precife Kind and Meafure of
Ji^eafure Punifhment^ that is fit to be pronounced upon
sndKifid each Crime, it belongs to the Authority of
ent"'"^' ^^^ Government to determine it, with an
t. N. N. Jntire Regard to the Good of the Common-
1. 8 c. 3. wealth. Whence the fame Punifliment may,
J ?4- and oftendmes is, impos'd upon two unequal
'' * Crimes ; underftanding the Equality that is
commanded to be regarded by Judges, to mean
the particular Cafe of thofe Criminals, who be-
fng guilty qf the fame Kin4 ot Fa6]:, the one
Ch. XIII. according to the Law of Nature. 1 6%
/hall not be acquitted, and the other condem-
ned without very fufficient Reafbn. And al-
though Men ought to Ihew to one another all
the McTcy and Tendernefs that may be ; yet
the Good of the Nation, and the Security of
its Subjeds, require, upon Occafion, when
either a F.d appears moft pernicious to the
Publick, or there is need of a Iharp Medicine
to obvnte the growing Vices of the Age, that
the Government fhould aggravate its Punijh-
ments : which deferve at all times to be car-
ried high enough, to be fufficient to controll
the Fropenfity of Men towards the Sins againfl
which thofe Punifhments are levell'd. And let
the Government obferve. That no greater Pu-
nifliments be inflided, than the Law affigns,
unlefs the Fa6l be aggravated by very heinpus
Gircumftances.
Moreover, Since the fame Puniftiment, XVIII,
not affe&ng all Perfons alike, meets with va- The Peri
rious Returns to the Defign thereof, of reftrain-/^'' ^/ '^
don for the future, to treat with him that does T^-y^^^'
it, with greater Circumfpedion ; though this L. n! N.
Stain may be wajh^d of, either by a voluntary U ?. c, 4^
Reparation of Damages, or the Teftimonies of 5 4-
a ferious Repentance.
Bu T by a Courfe of Life diredlly tending to VI.
do Mifchief, and the feeking of Advantages ^"/j ^^^
to themfelves, by open and promifcuous Injuries l "n'' n
towards others, the Reputation defcrib'd is /o-i/g, J. 4!
tally deftroyed. And till Men of this fort re- § 5.
pent, and change their Ways, they may law-
fully be ufed as Common Enemies, by every
one, that is in any manner liable to come
within the Reach of their Outrages: Since it is
not impofTible, even for thofe Men, to retrieve
their Credit i if after they have repair'd all
their Damages and obtained their Pardons,
they
rl6S The Whole Duty of Man^ Book 11.
they renounce their vicious, and embrace for th^
Time to come, an honeft Courfe of living.
VII. Simple Reputation, with regard to fuch
Vniev 09' as live under Civil Government, is that Sort
«tfr;»w»l^ of Eftecm, by which a Man is looked on at
t" ^* ^' ^^^ lowed, as a common but a found Member of
. 8. c. 4* ^^ g^^^^ . Qj. ^)^^^ r^ Mmv hath not been de-
clared a corrupt Member, according to the
Laws and Cuftoms of the State, but is fup-
pofed to be a good Subjedt, and is look'd up-
on accordingly, and valu'd for luch.
yill Here therefore the fame ferijhes^ either by
Zfifi h an Reafon of the Courfe of a Man'sLife^ or in
in Condi' Qonfequence of feme Crime, The firft is the Cale
tion of q£- sia Pacis^ 1. 3- C r, QPc. c. 4.
t GroriuSi 1- 3. c. 6,
Ij Qrotiuf 4ejun Belli 6» FacU^ t. 3- c, 9, ^ 13.
T 4 moft
286 The Whole Duty of Man\ Book IL
moft People they are delivered over and fore-
gone as a Prey to the Army.
XIV. Empire alfo or Government comes to be
Conqueft. acquired by War, not only over the particular
J ' cr fingle Perfons conquered^ but intire States. * To
^24,' ' render this lawful, and binding upon the Con-
fciences of the Subje6ls, it is neceflary. That
on the one Side the Subjeds fwear Fidelity to
the Conqueror •, and on the other, that the
Conqueror cad off the State and Difpofition of
an Enemy towards tbe?n.
XV. The Proceedings of War are fufpended by
^*'^^' a Tri^ce •, which is an Agreement (the State and
1.8. *c 7. Occafion of the War remaining ftill the fame as
$ 5.' ' 'before,) to abftain on both Sides from all Ads
of Hoftility for fome Time appointed. When
that is paft, if there be no Peace concluded in
the Interim^ they refume their Hoftilities again,
without the Formality of a new Declaration.
XVI. Now Trtices are either fuch as they conlent
Treaties ^-q (during the Continuance of the Expedition,
oj Truce, ^j^jif^ }Qf^^\^ Sides keep their Forces on foot ; or
thofe^ on which they quite difband their Forces,
and lay afide all Military Preparations. The
firft are feldom taken but for a fmall Time.
The others they may and ufually do take for a
Continuance fo long, as to carry the Face of a
Peace \ and fometimes alfo the very Name,
with the Addition of fome Term of Years, on-
ly to diftinguifli it from a perfe'cl Peace indeed,
which regularly is Eternal, and extinguifhes the
Caufes of the War for ever, f Thofe that they
call tacit Truces^ oblige to nothing. For as on
* Grotiusde Jure Belli QP Pach, 1. 3. c. 7. 6= c. 15.
I Grotius dejure Belli QP Pacis^ 1. 3. c, zi, § 1, &c,
both
Ch. XVI. according to the Law of Nature* 1 8 f
both Sides they lie quiet for their Pleafure, fo,
whenever they think fit, they may break out
into A61S of Hoftility.
But when a Peace is mutually ratified by XVII.
each Sovereign Governour, upon Articles and ^»'^^'^^
Conditions agreed betwixt themfelves, which ^j^. N^N.
they ingage to obferve and put in Execution 1. 8. c. 8,
faithfully by a Time prefcribed -, then a War is
perfedly ended. * In Confirmation whereof,
it is ufual, not only for both Parties to take
their Oaths and interchange Hoftages ; but for
fome others 'oftentimes, efpecially amongft the
AlTiftants at the Treaty, to undertake the Gua-
ranty of the fame, with Promifes of Aid to him
who ever is firft injured by the otiier, in Con-
travention to the Articles of the Peace that is
made.
Gr otitis, 1. 3. c. 10. $ 2, &c.
Chap. XVIL
0/ ALLIANCES.
ALLIANCES interchangeably pafled be- I.
twixt Sovereign Governours, are of good -Alliances
Ufe both in Times of War and Peace. * They 1^'^^"^'
may be divided, in Refped of their Subject, ei- j * g^ \ '
ther into fuch as reinfone the Duty already in- §1.
cumbent on us from the Law of Nature ; or fuch
tGrotws de Ji4re Belli QpPacis^ |. i. c, 15,
as
a 82 The mole Duty of Man, Book II.
as fuperadd fomething to the Precepts of the Law ;
at leaft, they determine their Obhgation to fuch
or fuch particular Adlions, which before feemed
indefinite.
II. By thtfirft Sort are meant "Treaties of Peace ^
'Treaties e/" wherein nothing more is agreed upon than the
L N^* N ^^"^P^^ Exercife of Humanity towards one ano-
l/s. c, 9*. ther, or a Forbearance of Mifchief and Vio-
5 J, lence. Or, perhaps, they may eftabhfh a ge-
neral Sort of Friendfhip betwixt them, not men-
tioning Particulars ; or fix the Rules of Hofpi-
tality and Commerce, according to the Diredi-
ons of the Law of Nature,
jn. The others of the latter Sort, are called
JET^wrt/ Leagues^ and are either Equal or Unequal, Equal
Leagues. Leagues are fo far compoled of the fame Condi-
1^*8 ^'c^' ^^^^^ ^^ ^^^^ Sides, that they not only promife
s 2^ * ' what is Equal abfolutely, or at leaft in Propor-
tion to the Abilities of the Perfon \ but they fti-
piilate in fuch a Manner too, that neither Party
is to the other obnoxious, or in a woife Con-
dition.
IV. Unequal Leagues are thofe, wherein Con-
Vnequal ditions are agreed upon that are unequal, and
^* ^* ^' render one Side worfe than the other. * This
^* J ^' ^' Inequality may be either on the Part of the Su-
per tour ^ or elfe of the Infer icur Confederate. For
if the Superiour Confederate ingages to fend the
other Succours, unconditionally, not accepting
pf any Terms from him, or ingages to fend a
greater Proportion of them than He, the Ine-
quality lies upon the Superiour. But if the League
requires of the inferibur Confederate the Perfor-
mance of more Things towards the Superiour,
* QrotiHS de Jme BeUi QP Pacis^ 1, i. p. i* § 2i.
Ch.XVII. according to the Law of Nature. $83
than the Superiour performs towards him, the
Inequality there no lefs evidently lies on the Side
of die Inferiour.
A M o N G s T the Conditions required of an in- V.
feriour Ally, fomc contain a Diminution of his ^^"^^^"^"^
Sovereign Power^ rcftraining him from the Ex- ^/nferhurs,
ercife ther -of in certain Cafes without the Supe- L. N. N.*
riour's Confent. Others impofe nofuch Prejudice'^' 8. c. ^
upon bis Sovereignty^ but oblige him to the Per- ? ^'
formance of thofe we call tranfitory Duties,
which once done, are ended altogether. As, to
difcharge the Pay of the other's Army ; to re-
(lore the Expences of the War ; to give a cer-
tain Sum of Money ; to demolifh his Fortifica-
tions, deliver Hoftages, furrender his Ships,
Arms, &c. And yet neither do fome perpetual
Duties diminijh the Sovereignty of a Prince. As,
to have the fame Friends and Enemies with a-
notKer, tho' the other be not reciprocally inga-
ged to have the fame with him : To be obliged
to eredt no Fortifications here, nor to fail there,
i^c. To be bound to pay fome certain friend-
ly Reverence to the other's Majefty, and to con-
form with Modefty to his Pleafure.
Both thefe Sorts of Leagues, zswdl Equal VI.
as the Unequal^ are wont to be contraded upon T^^ Suh-
various Reafons, whereof fUch efpecially produce -^^ "'
Effedts of the ftrongefl and moft binding Com- ^^^^^^'
plexion, as tend to the Conjundion of many
Nations in a League that is to lafl: for ever. But
the Common Suhjeci of the Leagues moft in
Ufe, is, either the Prefervation of Commerce,
or the Furnifhing of Succours in a War, Ofien-
five or Defenfive.
There is another famous Divifion of ^ J^* .
Leagues into Real^ and Perfonal The Latter pfyfonai'
expxefs Leagues.
284 The Whole Duty ofMan^ Book IL
L. N. N. exprefs fuch a near Regard to the Perfon of the
3. 8. c. 9. Prince they are contraded with, that whenever
he dies, they expire alfo. Bxal Leagues are
thofe, which not being entred into in Confidera-
tion fo much of any particular Prince or Gover-
nour, as of the Kingdom or Common-wealth,
continue in full Force, even after the Death of
the firft Contra6lers of them.
Vin. The next in Nature to Leagues^ are the
i^°yi^^\j Agreements of a Puhlick Miniftcr^ made upon
L 8 c. 9 ^^^ Subj-a of the Affairs of the Prince his Maf-
$ 12. ' ttv^ without Orders for the fim^ i which are
ufually called Overtures. The Con-iitions where-
of impofe no Obligation upon the Prince, till
he fhall pleale afterwards to ratifie them by his
own Authority. And therefore, if, after the
Mtnifler has agreed upon the Compad abfo-
lutely, he cannot obtain his Prince's Confirma-
tion of it -, it lies upon himfelf to confider, what
Satisfa6lion he ouglit to render to thofe, who,
depending upon his Credit, have been deceived
by him with infignificant Ingagements.
Chap. XVIII.
' T^e D U T y 0/ Suhjeas.
i; T^HE Duty of Subje6ls is either General^
Twofold, i arifing from the Common Obligation
L. N. N. ^^\{lr■\^ j-i^ey owe to the Government as Subjects :
§ i*Q.*^* * ^^ Special, upon the Account of fome particu-
lar Office and Imployment^ that the Government
impofes upon them,
, THEia
Ch.XVIII.<^CT^r^/>^ to the Law ofNaturel i ?y
Their General Duty refpeds the Demea- n.
nour of themfeves feverally, towards their Go-^^"^^^^'
vernours, the Common-wealth, and one another
in particular.
To their Governeurs they owe Honour, Fi- ^^^'
delity, and Obedience. Befide that, they ought f^^^^^g^^
to entertain good and honourable 'Thoughts of^gy„offfj^ '
them and their A6lions, and fpak accordingly -,
to acquiefce with Patience and Content under
the prefent State of Things, not fufFering their
Defires to wander after Innovations , not adhe-
ring to any Perfons, or admiring and honouring
them, more than they do the Magiftrates that
are fet over them.
In Reference to the Common- wealth, their IV.
Duty is, to prefer the Happinefs and Safety of ^^'^ ^'""-
it to the deareft Things they have in the World : ^^^/^y^, ;
To offer their Lives, Eftates and Fortunes with
Chearfulnefs towards its Prefervation, and to
fludy to promote its Glory and Welfare by all
the Powers of their Induftry and Wit.
Towards one another, their Behaviour V.
ought to be friendly and peaceable, as fervicea- ^/'^ ^'^^^
ble, and as affable as they can make it ; not to ^^'
give Occafion of Trouble by Morofenefs and
Obftinacy, nor envying the Happinefs of any,
or interrupting their lawful and honeft Injoy-
ments.
A N D as for their peculiar Duties , as Officers, VI.
whether they influence the whole Body of the Their J^pe.
Nation, or are employed only about a certain
Part of it, there is this one general Precept to be
obferved for all ; That no Perfon affe6l or take
upon him any Imployment, of which he knows
himfelf, by the Senfe of his Difabilities (whether
Want
cial Du-
ties.
ti6 The U^oie t)tdy ofMaH^ Sook IL
Want of Strength, Skill, Courage, ^c) to be
unworthy and uncapable.
VII. Particularly, let thofe who ajjift at the
'^^^^j^^y Piihlick Counfels^ turn their Eyes round upon all-
Counfel-^' Parts of the Common-wealth ; and whatever
tors. Things they difcover to be of Ufe, thereupon
ingenuourty and faithfully, without Partiality or
corrupt Intentions, lay open their Obfervations.
Let them not take their own Wealth and Gran-
dure, but always the publick Good, for the End
of their Counfels ; nor flatter their Princes in
their Humours to pleafe them only. Let them
abftain from Fa6lions and unlawful Meetings or
Aflbciations. ; diffemble not any thing that they
ought to fpeak, nor betray what they ought to
conceal. Let them approve themfelves impe-
netrable to the Corruptions of Foreigners -, and
not poftpone the publick Bufinefs to their pri-
vate Concerns and Pleafares.
VIIT. Let the Cler^y\ who are appointed publick-
The CJer- \y to adminifter in the Sacred Offices of Religion,
^y* perform their Work with Gravity and Attenti-
on ; teaching the Worfhip of God, in Dodrines
that are mofl true, and fhewing themfelves emi-
nent Examples of what they preach to others ;
that the Dignity of their Fun6tion, and the
Weight of their Do61:rine, may fuffer no Dimi-
nution by the Scandal of their ill led Lives.
IX. Let fuch who are publickly imployed to
Publick inftru5l the Minds of the People in the Knowledge
of Arts and Sciences^ teach nothing that is falle
and pernicious ♦, delivering their Truths fo, that
the Auditors may affent to them, not out of a
Cuftom of hearing, but for the folid Reafons that
attend them : And avoiding all Queflions which
incline to imbroil Civil Society •, let them afTure
themfelves,
Reade
Ch.X VIII. according to the Law' of Nature. 287
themfelves, that whatever human Science or
Knowledge returns no Good to us, either as Men
or Subjedls, the fame deferves their Cenfure as
impertinent Vanity.
Let thofc Magiflrates, whofe Office it is to X*
dijlrihute Jufttce, be eafie of Accefs to all, and ^^^;'^'''.
ready to prote6lthe Common People againft the
'OpprefTions of the more mighty ; adminiftring
Juftice both to Rich and Poor, Inferiour and Su-
periour, with a perfect Equality. Let them not
multiply Difputes unneceiTarily ; abftain from
Corruption ; be diligent in trying of Caufes, and
careful to lay afide all Affedlions that may ob-
ftrud Sincerity in Judgment ; not fearing the
Pcrfon of any Man while they are doing theif
Duty.
Let the OJficers cf War diligendy Exercile xi.
their Men on all Occafions, and harden them for officers of
the enduring the Fadgues of a Military Life, '^^ ^rm'^*
and inviolably preferve good Difcipline among
them. Let them not rafl-ily expofe them to the
Danger of the Enemy, nor defraud them of any
of their Pay or Provifions -, but procure it for
them with all the Readinefs they are able, and
keep them in the Love of their Country, with-
out ever feducing them to ferve againfl it.
On the other Hand, let the Soldiers be con- XIT.
tent with their Pay, without plunderiag, or har- Soldiers.
rafiing the Inhabitants. Let them perform their
Duty couragioufly and generoufly, in the De-
fence of their Country -, neither running upon
Danger with Rafhnsfs, nor avoiding it with
Fear : Let 'em exercife their Courage upon the
Enemy, not their Comrades : And maintain
their feveral Pofls like Men, preferring an Ho-
nourable
2S8 The Whole T>uty of Man, Sec. Book II.
nourable Death before a Dilhonourable Flight
and Life.
XTII. Le T the Miniflers of the Common-wealth in fo-
Amlajfa- reign Parts, be cautious and circumfpedl ; quick
^'^ff to difcern Solidities from Vanity, and Truths
^^-^^V from Fables ; in the higheft Degree, Tenacious
of Secrets, and obftinately averfe to all Corrup-
tions, out oftheir Caregf the Good of the Cora'^
mon- wealth.
XIV. • Let the Officers for Colle^ing and Difpofmg
Officers of of the PMick Revenue hivt a Care of ufing need-
thefubUckY^^^ Severities, and of increafmg the Subieas Bur-.
* then for their own Gain, or through their trou-
blefome and petulant Humours. Let them mis-
apply nothing of the publick Stock •, and fatis-
fie the Perfons who have Money to be paid out
of it, without Delays unneceflary.
XV. All thefe Particular Duties of Subje61:s, con-
The Conti- tinuediunng the Time of Employment : And when
Ih^Zlties ^hat ceafes, the other expire alfo; But their Ge-
aforefricl, ^cral Dutics are in Force, fo long as ever Men
L. N. N continue to be Subje6ls •, that is, 'till by either
1. 8. c. 1 1, the exprefs or tacit Confent of the Nation, they
depart thence, to fix the Seat of their Fortunes
elfewhere *, that they are banifhed and deprived
of the Rights of Subjeds for their Crimes ; or,
being overcome in Battle, they are forced to
yield to the Difpofal of the Conqueror.
77;e E K V.
IN.
INDEX-
The Roman Numerals I and II, ftgnifie the
Firit and Sedpnd Book. The firfi Figure nf^
ter them direBs to the Chapter, and the fe-
cond figure to the Seftion in that Chapter.
A.
CCEPTANCE, of the Perfon to whom the
Promife is made, neceffary to mike the
Promife binding I. 9. 16,
Accejfional Improvements^ what they are, and
to whom they belong I. 1 2. 7.
Accidents ; Damages that come by Accidents
not to be made good I. 6. 9.
Acquijitiohy the different Sores of it I 12. 5.
AB'ton ; what is meant by Human Adions I. i . 2. What are
the Principles of them I. 1.3. What it is that makes Men
chargeable with their Adions I. i. 10 Aftions involuntary
or fdrced 1 i. 16. Mix'd Adioris what I. 1. 16. Adions
of other Men, how chey may be chargeable on us I. I* 183 27.
The different Qualities of Moral Adions I. z. 11, i2, Qfc,
[Whac Adions above the Reach of Commerce I, 14 3.
U
Ablins
INDEX,
ABions at Law ; for what Things a Man may or may not bring
his Aftion II. 12. 5.
Advantage ; in how many Ways Men may procure Advanta-
ges to others I. 8. i, &:c.
Adultery, dilTolves the Marriage II. 2. 6.
AggrejJ'or ; we may not always ufe the laft Extremity againft
an unjuft AggreiTor I. 5, 14. When the firft Aggreflbr
has a Right to defend himfelf I. ^. 24.
Alliances, and other publick Treaties confider'd and cx-
plain*d II. 17.
Ambajfadorsy their Duty TI. 18. 15.
Antlihrejis \ what Sort of Covenant fo named I. i^, i^*
Arbitratorsy what they are, and wherein their Duty con-
fifts II. I. II.
^^ Ariftocracy \ what Sort of Government fo called II. 6. il.
The Defeds of fuch a Confiitution II. 8. 7.
Arts ; in what refpeifl, and after what manner Arts are to be
fiudied and cultivated I. $.9.
' Ajftgnments of Debts y when they may properly be made
I. 16. 8.
Afirolofry Judicialy a Science contrary to the true Principles
of Religion and Morality I. ^. 5.
Atheijis, are wholly inexcufable I. 4. 2. Whether they
ought to be brought to Punilhment I, 4, i .
B
BARTER, what is meant by it T. i^. 8.
Beaf- 'y the Owner ought to make good the Damage his
Beaft has done ; and in what manner this is to be done
I. 6. 12. The Foundation of that Right which Man has
over Beafts I. i2. I.
Benefits, how they are to be managed I. 8. <;,
Body; wherein confifts the Care that every Man ought to
take of his own Body I. 5. 10.
Bootyj to whom it belongs II, 16.13.
Bounty; wherein the Bounty of any Adion confifts I. 2. 11,
C ARES', All fuperfluous Cares ought to be banillied
I. 5. 4.
Celibacy y in what Refpefls allowable and ;ullifiable
Chance',
IN D EX
Chance \ Nothing ought to be left to Chance^ where Men can
ufe their own Prudence and Forefight I. 5 4, Of Con-
trads in the Performance of which Chance bears a Share
I. 1$. 13.
Charity, See Httmamty,
Citizen ; what a good Citizen is II. 6. 13, By what
means Men may lofe their Title of Citizens in a State
II. 18. IS.
Commerce y The general Laws of Commerce I. 14. 6.
Community 'i How a Community may be punifhed II. 13. 20.
Compen/ation, what it meant by it, and how it takes away an
Obligation I, 16. 1.
Complaifauce^ ought to be mutual T. 7. 3.
Condition ; {State of Life) what Conditions of Life are infa*
mous II. 14. 8.
Conditions ', what they are on which the Vahdity of a Pro-
mife, or other Obligation, depends 1. 6. lO.
Conquefi ; Of the Right obtain'd by Conqueft II. 10. a;
II. 16. 14. ^
Confcience ; Confcience rightly inform'd, what; and what a^
probable Confcience I, i 5. Doubting or fcrupulous
Conlcience I. i. 6.
Confenty What Signs are fuiScient to exprefs. it I. 9. 9,
What Conditions are required to make a true and perfect
Confent I, 9. 10, n, &c.
Conjiraint'i How many Sorts of Con ftraints there are I, i. 24.
Contempt ; All fuch Behaviour is to be avoided that carries
with it a Contempt of other Men I. 7. 6.
Contrary what is meant by it, and the different Sorts of
them
ContradiBion ; How feeming Contradidions are to be recon-
cile L 17. 4.
Controverfhs, how to be determin*d in a State of Nature
n. I. i£.
Convention^ what is meant by it I, 9. 4, What Conditions
requifite to make Conventions obligatory and valid I. 9, 8.
Tacit Conventions what I 9. 9.
Counfel; When we are chargeable for the 111 that any one
ads under the Influence of our Counfel and Dircdion
I. I. 27.
Country ; Defert Country, how it is made any one's Pro-
perty I, 12. 5.
Courage, neceifary for all Men, and the Reafon why
1.5.16.
U 2 Crime i
INDEX.
Crime J How the Grcatnefs of a Crime is to be rated II, 13. 16,
Wherein one Man may fviScr for the Crime of another II,
13. 19.
DAMAGE, what it is, and how to be repairM I 6, 5, &c.
JPangers, when Men may, and when they ought to expofe
themleives to them I. 5. 11.
JOe'cp'f^ how far in Engagements and Promifes, it deftroys their
Efficracy I. p. 13.
DtjehLt \ How any one may, and ouglit to behave himfelf in his
own Defence I. 5. 12, S^c.
Decree ; what Decrees of Kindred are prohibited in Marriaec
11. 2. 8. ^
'Dehgntingy or AJfigvivg ; what is meant thereby, and when it
n.av bti done J. 16. 8,
X)er}7efne of the croivn or State \ that is, the publick Revenues,
not alienable I!. 15. 5.
'*s^e>7ti)cyaiy ; an Account of that Form of Government II. 16. 11.
The Uefeds fuch a Government is chargeable with
]]. 8. 8.
Dstcjrt-, or Loan ; what it is, and the Duty of thoCe who re-
ceive them I, 1 15. y.
I)efert Country. Vide Country,
De/ertion, of the Bed malicioufly, dilTolvcs the Marriage
II. I. 6.
Vejire ; How Men ought to regulate their Defires II. 5, 5.
X)eftiny, or Fatality ; The Belief of it is contrary to the true
Principles of Religion and Morality 1.^.3.
Devothny the falfe Notions fome Men have of it I. 5. 5.
Difeafes, or Difiempers ; How far natural Difeafes that difturb
Mens Reafon, excufe them from having what they do im-
puted to tliem I. I, 15.
Difpenftng ; what that Power is, in whom lodged, and when to
be excTcis'd I. i . p.
Difquiet , All fuperfluous Difquiet ought to be baniflied
1. 5. 4.
"Dijfimulation-, not always a Crime I. 10. 5.
Divijion J Rules to be obferv'd in dividing Things among thorn
who have a common Right to them I, 7, 4.
Divorce, whether or no, aad on what Occaiions allowable
11 2. 6.
JDomeJiicks, See Servants*
Domimofif
INDEX.
Dominion, extraordinary, what it is, and when to be ,exercis*d
ir. If. 4.
Dreams ; whether Men are anfwerable for any thing that they
feem to confent to do in their Dreams L i. 26.
Vrunkertnefs, whether any Excufe for ill Aftions committed un-
der its Influence I. I. 15. I. g. JO.
Duel) on no Account to be juiiified I, 5. 20.
Duty i what is meant by thac Term I. i. i. The Notion the
Stoicks had of it I. i. Note, How many Sciences there are
from whence Men may learn their Duty Preface §, i. The
different ways Men may be called to the Performance of their
Duties, according to their different Natures I, 2. 14. I. 0. 3,
How many Sorts of Duties, generally fpeaking, are rec^uird of
Men by the Law of Nature L 5.13. I. 6. t.
^LECTION, of a Sovereign Prince TI. 10. 5, 5.
End, of Mens Adions 1. 1,9. How far rhe Will is con-
cerned in bringing about this End I. i. 9. What End
Men fliould propofe to ihemfelves in their A<^ions
I. 5. 4.
Engagement ; (See Convention \ Promife) The Neceftliy of en-
tring into voluntary Engagements I. p. % They arc religi-
oully to be obferved when entred into I. 9. 3, How En-
gagements come to be rendered void I. 16.
Equality \ wherein the Natural Equality of Men con fiAs, and
the Confequences of fuch their Equality I. 7. What Sort
of Equality is to be obferved in burdenfome Contiavts
1. 15. 6, 7.
Equity ^^ what is meant thereby I. 2. lo.
Bfieem ; how to be fought for I. 5. $. Wliat is Simple and
what Accumulative Efteem H. i 4. 2*
Error, what it is, and how many Sorts of it I. i. 7. What
the Effeft of it is witli refped to the Validity of Promifes or
Engagements I, 9. 1 2.
Events ; how far Men are chargeable with them I. i. 8,
Exchange, or Barter ^ what it is ly 15. 8,
"BATALITT ; the Belief of it contrary to tli^e Principljcs of true
Religion, and Morality I. 5, 5.
fault i A fimp)e Fault or Error, what I, ? i^^
INDEX.
favourable ; what is meant by Matters of a Favourably
Nature I. 17. 5.
Feat ; Contrads made through Fear, how far obligatory
I. 9. 14, 15-
Felicity ; what Sort of it a Man may promife to himfelf in
this World I. 5. 4.
FlBions, in fome Cafes, may be made ufe of without Guilt
I. 10. 16'
Fiperyt The Right all Men have to take Filh I. 12. 6.
Flattery ; We are anfwerable for the Faults of Men, when
they are incited to commit them by our Flattery and En-
couragement I. I. 27.
Force only, fuffices not to give a Right to bring an Obliga-
tion upon thofe who lye under the Power of this Force
I. 2. 5. How the Forces or Powers of Men are reftrain'd
and limited I. 5. 4.
Freedom of the Will, (a Faculty of the Soul) wherein it
confifis I. I. 9, What Ufe Men ought to make of it
I. 5. 4.
GALLANTRY', The falfe Notions Men entertain of Sins
of Gallantry 1. 5. 3,
Glory t The falfe Notions Men ufually take up of Glory
L 5. 5.
GOV, the ^Author of the Law of Nature I. 3. 11. What
Ideas we ought to have of his Nature and Attributes
I. 4. 2, &c. Wherein confifls that Worlhip which we owe
to Him I. 4, 6j 7.
Goody How many Ads of Good there are I. i. 11.
Goods ; (Wealth) whether we may kill him that comes to take
them from us I, 5. 23. What Goods remain in Common
for the Ufe of all Men I. 12. 4.
Goods of other Men', we are not to meddle with them I 13. I.
In what Cafes we may feize their Goods, indanger their
Perfons, or even their Lives I. ^. 18, 29 How far
Bargains are valid entred into about Things belonging to
other Men I. 9, 19. What is the Duty of him who is
poifefs'd of Goods belonging to another Man L 13. 2, Sec.
Goods found ', to whom they belong I, I2. 6. I. 13. 5.
Government ; the different Forms of it, and the Defedivenefs
of each of them II. 8.
Grace t
INDEX.
Grace', In what Cales Princes may fhew Grace to Criminals
in pardoning them II 13, i^.
Gratitude ; the Neceffity of it, and the Charafters of it
I. 8. 6, &c.
H.
HABITS', the great Power of them I. i. 13.
Hazard y Nothing, where Men can ufe their own Prudence
and Forefight, ought to be lefc to Hazard I. 5. 4.
Of Contrads, in the Performance of which fome Pare
muft be lefc to Hazard I. ly. 13.
Hiring ', Of the Nature and Rules of this Kind of Contra^
I. 15. 10.
Hirelings, for a Time, what is their Duty II. 4. 2. For
Life, what Obligations they lye under I. 4. 3.
Honour, See Efieem,
Honour of Women, (Chafiity) Whether a Woman may defend
her Honour by killing him who comes to ravifh her
I. 5. 22.
Humanity ; What is to be underftood by the Laws of Hu-
manity and Charity, as they are oppos'd to thofe of
Juftice i and wherein the Difference between them both
confilb I. 2 1 4. I. 9. 3.
Humility, Wherein true Humility confifts I. 7. 5,
IGNORANCE; what it is, and how many Sorts there arc
of it I. I. 8. Invincible Ignorance wholly excufes what
is done amifs I, i, 20, Ignorance of a Law no Excufe«
for the Breach of it I. i. 21.
Jmpojjtble ; No body bound ta do that which is impofTible
I. I, Z3. This Maxim is to be taken in a limited Senfe
ibid. &> U ^. ly,
Impofis, why laid, and how to be rais'd IL ij. 10.
Imputation ; The fundamental Reafon of the Imputation of
human Aftions I. i. 16. Particular Rules whereby we
may know when an Imputation does }uiUy lye, or not
I. I, 17, &c.
Infamy \ Whereby Men are branded wich Infamy II. 14. 9.
Infants; why beaten and correded I. i. 25.
Ingratitude; the Bafenefs and Odioufnefs pf it I. 8. 7. Why
it will not bear an Adion I. 8. 7.
Injury; what it is J, 2. 1$.
y 4 Infurance j
INDEX.
Infufdnces ; What Sort of Contraas fo ftiled I. ij. 13.
Intemperance ', Why vicious and Criminal I. 5. 10.
Interpretation \ How Laws and Conventions ought to be interpre-
ted I. 17. & . r
Interregnum \ What it is II, 10, 4.
Invidious ; What is meant by Things odious or invidious I.
17.9.
Jufilce ; What it is, and how marjy Softs there are of it I. 2.
I3a &:c.
KINGDOM; What is an Hereditary Kingdom IT. 9. 7.
Whether a Prince can alienate his Kingdom or any Part of ic
n. i5.(j.
Knowledge ; How ufeful and neceflary to every Man the Know-
iedgeof himfelf is I. 5. 4.
h
lAW '^ What it is I. 2. 2. The Neceflity of it I. 2, i. How
' to be underOood I. 2. 6. The Elfential Part of it I. 2. 7.
What the Matter of it ought to be I 2. 8, How many
different Sorts there are of Law in General I. z. 16. Wherein
the Reafon ofa Law is founded I. 17. 8. When the Terms of
Law may be extended, and when reiirained I. i7« lO, &c.
Fundemental Laws of State, what II. 9. 6. What Laws are to
be efleemed good II. 11. 5. Of the Nature and Power of
Laws relating to a Civil Government II. n.
i'La'W of Nature ; What it is, and the NcccfTity of it how to be
underftood J. 3. i. In what the Fundamental Principle of it
is placed I. 3. What it is that gives it the Force and Ffficacy
ofa Law I. 3 10, 9. In what Senfe it may be faid to be engra-
ven on the Hearts of all Men I. 3. 12- '
Leg'iflatcr ;'How to be known I. 2. 6,
tlberty of the Will \ What it is I. 1. 9. What Ufe Men ought
to make of it I. 5 4.
Life ; Whether Men have the Power of their own Life I. 5. 1 1.
The Power of Life and Death where 11. 13.
Jjoans ; What Obligation lies on them,' to whom confumeable
' Things are ftht for immediate Ufe I. 15. 11. What are the
Duties of thofe, who have any Thing lent them freely for their
Ufe. I. 15. 4,
' " f^ott^ries ;
INDEX.
LBttevies ; wherein this Kind of Contrad conGfts I, i^. ig^
Lying i what it is I. lo. 8.
M.
MADNESS ; y^\\tt\\tr it takes away all Obligation from the
Conventions and Agreements made by Men who are affeded
with it I, p. lo.
Magifirates ; their Duty II. 18. lO*
Aialadies, See "Hlfenfes.
Man ; From vhence anles the great Difference which there
is in the Dciues and Carriage of Men I. i. 11. I. 3. 29>
Silence, when Innocent, and when not L 10. 4«
Simony y what I, 14, 3.
Single-Life, in what Cafes juftifiable II, 2. 3,
Sins, what not punifhable in Human Courts II. 13, ii.
Slave ; The Owner muft make good the Damage done by his Slavtf,
and how I. 6, 1 1. The Condition and Duty of Slaves II. 4.
Sloth, a very vicious Temper, and contrary to the Laws of Na-
ture I. 8. 2.
Sociability, one of the general Principles of the Law of Nature
Society \ The Nature and Rules of that Contrad whereby Society
is formed I. 1$. 12.
^Society Civil j The Inducements that made Men form themfelves
into Civil Societies II. 5, What is the internal Conftitution of
fuch a Society II. 6.
Sodomy y contrary to the Law of Nature IL ii 2*
Soldiers, their Duty IL 18. 12. IL 13 2.
Sovereign |
I N D E S.
^Qvevelgn-, His Duty II. n. What Power he has over the
Goods of his Subjeds II. 15.
Sovereignity^ of what Parts it confifts II, 7, Its Charaftcr and
Qualifications II. p. The different Manner of holding it
■ II. 9. 7.
Soul ; ^ God not the Soul of the Univerfe I. 4. 3. Wherein
coniifis the Care that every Man ought to have of his Soul
I- 5. 2,
Speech ; what Rules to be obfervM in the Ufe of it I. 12.
State ; What is meant by an Adventitious State I. 6. i.
^ State; (See Society Civil) What it is II, 6, lO, States unit«d,
what and how II. 8. 13.
*' State of Nature ; What are its Rights, and what Incovenien-
ces it is fubjeft to II. i.
SiibkBs^ their Duties II. 18
Suecrjjlotj^ to thofe who dye inteftate, what is the Reafon and
Manner of it I. 12. 10, li. Of the Succeflion to Crowns
II. to. 6 &c.
Supererogation ; How falfe and dangerous the Opinion of Works
of Supererogation is I. 5. 3,
Supsrjlition ; All Superftition ought to be ever banilh'd I. ^.3,
Sureties ; what are their Duties I. 15. 14.
T.
Taxes, why laid, and how to be rais'd II. 11. 10.
Temper, See Natural Inclinations.
Temperance, wherein it confifls It 2. 131
Tefiament, or laft Will. See Will,
Theology ; The Difference there is between Moral Theology^
and the Law of Nature Preface $ 4, &c.
Thief J We ought not to reftore to a Thief what he hath fiollen
and depofited in our Hands I, 13. 2.
- Things , In what refpcd difF*jrent Things may be look'd on to
be the fame I i<;. 11. What fungible Things are I. 15. 1 1#
Treaty ; Publick Treaties their Nature II. 17.
Trove ; Treafu re-Trove what, and to whom \t belongs I,
12- 6. I. 13. 5.
Tyranny, what is underftood by it II, 8* 1 1.
VENGEANGE. ^^t Revenge.
Veracity or Yerityy wherein ic confifts I, xo, ^^
Vnderjiandlng |
INDEX.
XJnderftandlng ; what it is I. t. 5; It ufually is rightly inform'd
in Matters of Morality I. i. 4. What Ufc Men ought to
make of this Faculty I. ^. 3.
JJfury ; Lending Money at Ufury, not in it felf contrary to the
Law of Nature L 15, 11,
WAGERS^ what they are L 15. 13.
War^ the Rights of it II. 16.
Will Laft Will, what it means I. 12. 15,
Will ; (Faculty of the Soul; what it 19, and the feveral AiSs of
it I. I. 9. What Ufe Men ought to make of this Faculty
I, 5. 4. How an Union of the Wills of a Multitude may be
brought about II. 6. 5.
Witriejfesy their Duty II. i. 11.
Woman ', on what Account fhe may be faid to have fome Autho,
rity over her Husband II, 2. 4,
Words ; what Rules are to be obferv*d in the Ufe of them
L 10.
z.
ZEAL \ A Zeal without Knowledge, fuch as furioufly animates
Men againft thofe of a different Perfuafion in Religion, how
blameableand criminal I. 5. 3.
P I N I S.
14 DAY USE
RETURN TO DESK FROM WHICH BORROW]
LOAN DEPT.
This book is due on the last date stamped below, (
on the date to which renewed.
Renewed books are subject to immediate recall.
230cf65AA ^f.j^'f 17 13573 8
-CFJVED
FEB 2 3 1 9G C 9 1'
RECXLUJL
^^is^^ll'fpM
_j^re Books
Bnd
LOAN DEP T .
Special
m
and
— Gpouisf —
AUn 1 \ 19f^'
:C<':*ior,
LD 2lA-60m-3,*65
(F2336sl0)476B
General Library
University of Calif orni
Berkeley
^"
. 'y
A'i
i^
'Rare 4:5Q(g248
Coliecrioni;
'.«#iit^^i«a'>^i