Читать книгу The Whole Duty of Man, According to the Law of Nature - Samuel Pufendorf - Страница 14
ОглавлениеOf Human Actions in general, the Principles of ’em, and how to be accounted for, or imputed
I. What Duty is.
What we mean here by the Word DUTY, is, That*Action of a Man, which is regularly order’d according to some prescrib’d Law, which he is oblig’d to obey. To the Understanding whereof it is necessary to premise somewhat, as well touching the Nature of a Human Action, as concerning Laws in general.
II. What a Human Action.
By a Human Action we mean not every Motion that proceeds from the Faculties of a Man; but such only as have their Original and Direction from those Faculties which God Almighty has endow’d Mankind withal, distinct from Brutes; that is, such as are undertaken by the Light of the Understanding, and the Choice of the Will.
III. Human Capacity. Knowing and Chusing L. N. N. l. 1. c. 1. §2 c. 3. §1.
For it is not only put in the Power of Man to know the various Things which appear in the World, to compare them one with another, and from thence to form to himself new Notions; but he is able to look forwards, and to consider what he is to do, and to carry himself to the Performance of it, and this to do after some certain Manner, and to some certain End; and then he can collect what will be the Consequence thereof. Beside, he can make a Judgment upon Things already done, whether they are done agreeably to their Rule. Not that all a Man’s Faculties do exert themselves continually, or after the same manner, but some of them are stir’d up in him by an internal Impulse; and when rais’d, are by the same regulated and guided. Neither beside has a Man the same Inclination to every Object; but some he Desires, and for others he has an Aversion: And often, though an Object of Action be before him, yet he suspends any Motion towards it; and when many Objects offer themselves, he chuses one and refuses the rest.
IV. Human Understanding. L. N. N. l. 1. c. 3.
As for that Faculty therefore of comprehending and judging of Things, which is called the Understanding; it must be taken for granted, first of all, *That every Man of a mature Age, and entire Sense, has so much Natural Light in him, as that, with necessary Care, and due Consideration, he may rightly comprehend, at least those general Precepts and Principles which are requisite in order to pass our Lives here honestly and quietly; and be able to judge that these are congruous to the Nature of Man. For if this, at least, be not admitted within the Bounds of the Forum Humanum, [or Civil Judicature] Men might pretend an invincible Ignorance for all their Miscarriages; *because no Man in foro humano can be condemn’d for having violated a Law which it was above his Capacity to comprehend.
V. What is meant by Conscience rightly inform’d, and what by Probable Conscience. L. N. N. l. 1. c. 3. §5.
The Understanding of Man, when it is rightly instructed concerning that which is to be done or omitted, and this so, as that he is able to give certain and undoubted Reasons for his Opinions, is wont to be call’d CONSCIENCE RIGHTLY INFORM’D: That is, govern’d by sure Principles, and settling its Resolutions conformably to the Laws. But when a Man has indeed entertain’d the true Opinion about what is to be done or not to be done, the Truth whereof yet he is not able to make good by Reasoning; but he either drew such his Notion from his Education, way of Living, Custom, or from the Authority of Persons wiser or better than himself; and no Reason appears to him that can persuade the contrary, this uses to be call’d Conscientia probabilis, CONSCIENCE grounded upon PROBABILITY. And by this the greatest part of Mankind are govern’d, it being the good Fortune of few to be able to enquire into, and to know, the Causes of Things.
VI. Conscience doubting. L. N. N. l. 1. c. 3. §8.
And yet it chances often, to some Men especially in singular Cases, that Arguments may be brought on both sides, and they not be Masters of sufficient Judgment to discern clearly which are the strongest and most weighty. And this is call’d a †DOUBTING CONSCIENCE. In which Case this is the Rule: As long as the Understanding is unsatisfied and in doubt, whether the thing to be done be good or evil, the doing of it is to be deferr’d. For to set about doing it before the Doubt is answer’d, implies a sinful Design, or at least a Neglect of the Law.
VII. Error, vincible and invincible. L. N. N. l. 1. c. 3. §11.
Men also oftentimes have wrong Apprehensions of the matter, and take that to be true which is false; and then they are said to be in an Error; and this is called Vincible Error, when a Man by applying due Attention and Diligence might have prevented his falling thereinto; and it’s said to be Invincible Error, when the Person, with the utmost Diligence and Care that is consistent with the common Rules of Life, could not have avoided it. But this sort of Error, at least, among those who give their Minds to improve the Light of Reason, and to lead their Lives regularly, happens not in the common Rules of living, but only in peculiar Matters. For the Precepts of the Law of Nature are plain; and that Legislator who makes positive Laws, both does and ought to take all possible Care, that they may be understood by those who are to give Obedience to them. So that this Sort of Error proceeds only from a supine Negligence. But in particular Affairs ’tis easie for some Error to be admitted, against the Will, and without any Fault of the Person, concerning the Object and other *Circumstances of the Action.
VIII. Of Ignorance, and the various Kinds of it. L. N. N. l. 1. c. 3. §10.
Where Knowledge simply is wanting as to the Thing performed or omitted, such Defect of Knowledge is call’d Ignorance.1
This Ignorance may be two Ways consider’d, either with respect to its Origin, or with respect to its Influence on the Action. With reference to this latter, Ignorance is of two Sorts, one being the Cause of the Thing ignorantly done, the other not; on which account the first of these is call’d Efficacious Ignorance, the other Concomitant.
EFFICACIOUS Ignorance is the Want of such Knowledge as, had it not been wanting, would have hindred the Action: Such was Abimelech’s 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 himself. Concomitant Ignorance is the Want of such Knowledge, as had it not been wanting, would not have hindred the Fact: As suppose a Man should kill his Enemy by a chance Blow, whom he would otherwise have kill’d, had he known him to have been in that particular Place.
Ignorance with respect to its Origin is either Voluntary or Involuntary. Voluntary Ignorance is either contracted by mere negligence, idleness and unattention; or else affected, that is, proceeding from a direct and formal Contempt of the means of informing our selves in what we were able, and what it was our Duty to come to the knowledge of. Involuntary Ignorance consists in the want of knowing such Things, as it was neither in our Power, nor a part of our Duty to come to the knowledge of. This likewise 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 that Ignorance; which is the Case of Drunken Men. The latter is, when a Man is not only ignorant of such Things as could not be known before the Action, but is also *free from any Blame upon the account of his falling into that Ignorance, or his continuing in it.
IX. The Will, unforced and free. L. N. N. l. 1. c. 4.
The other Faculty, which does peculiarly distinguish Men from Brutes, is called the Will; by which, as with an internal Impulse, Man moves himself to Action, and chuses that which best pleases him; and rejects that which seems unfit for him. Man therefore has thus much from his Will: First, that he has a Power to act willingly, that is, he is not determin’d by any intrinsick Necessity to do this or that, but is himself the Author of his own Actions: Next, that he has a Power to act freely, that is, upon the Proposal of one Object, he may act or not act, and either entertain or reject; or if divers Objects are propos’d, he may chuse one and refuse the rest. Now whereas among human Actions some are undertaken for their own Sakes, others because they are subservient to the attaining of somewhat farther; that is, some are as the End, and others as Means: As for the End, the Will is thus far concern’d, That being once known, this first approves it, and then moves vigorously towards the achieving thereof, as it were, driving at it with more or less earnestness; and this End once obtain’d, it sits down quietly and enjoys its Acquist with Pleasure. For the Means, they are first to be approv’d, then such as are most fit for the Purpose are chosen, and at last are apply’d to Use.
X. The Will spontaneous chargeable with the Action. L. N. N. l. 1. c. 4. §2.
But as Man is accounted to be the Author of his own Actions, because they are voluntarily undertaken by himself: So this is chiefly to be observ’d concerning the Will, to wit, that its Spontaneity, or natural Freedom, is at least to be asserted in those Actions, concerning which a Man is wont to give an Account before any human Tribunal. For where an absolute Freedom of choice is wholly taken away, there not the Man who acts, but he that imposed upon him the Necessity of so doing, is to be reputed the Author of that Action, to which the other unwillingly ministred with his Strength and Limbs.
XI. The Will variously affected. L. N. N. l. 1. c. 4. §4.
Farthermore, though the Will do always desire Good in general, and has continually an aversion for Evil also in general; yet a great Variety of Desires and Actions may be found among Men. And this arises from hence, that all Things that are Good and Evil do not appear purely so to Man, but mixt together, the good with the bad, and the bad with the good; and because different Objects do particularly affect divers Parts, as it were, of a Man; for instance, some regard that good Opinion and Respect that a Man has for himself; some affect the outward Senses; and some that Love of himself, from which he desires his own Preservation. From whence it is, that those of the first Sort appear to him as reputable; of the second as pleasant; and of the last as profitable: And accordingly as each of these have made a powerful Impression upon a Man, it brings upon him a peculiar Propensity towards that way; whereto may be added the particular Inclinations and Aversions that are in most Men to some certain Things. From all which it comes to pass, that upon any Action several Sorts of Good and Evil offer themselves, which either are true or appear so; which some have more, some less Sagacity to distinguish with solidity of Judgment. So that ’tis no wonder that one Man should be carried eagerly on to that which another perfectly abhors.
XII. The Will byass’d by Natural Inclinations. L. N. N. l. 1. c. 4. §5.
But neither is the Will of Man always found to stand equally poised with regard to every Action, that so the Inclination thereof to this or that Side should come only from an Internal Impulse, after a due Consideration had of all its Circumstances; but it is very often pusht on one way rather than another by some outward Movements. For, that we may pass by that universal Propensity to Evil, which is in all Mortals (the Original and Nature of which belong to the Examination of another *Forum;) first, a peculiar Disposition of Nature puts a particular kind of byass upon the Will, by which some are strongly inclin’d to certain sorts of Actions; and this is not only to be found in single Men, but in whole Nations. This seems to proceed from the Temperature of the Air that surrounds us, and of the Soil; and from that Constitution of our Bodies which either was deriv’d to us in the Seed of our Parents, or was occasion’d in us by our Age, Diet, the want or enjoyment of Health, the Method of our Studies, or way of Living, and Causes of that sort; beside the various formations of the Organs, which the Mind makes use of in the Performance of its several Offices, and the like. And here, beside that a Man may with due Care very much alter the Temperament of his Body, and repress the Exorbitances of his natural Inclination, it is to be noted, that how much Power soever we attribute hereto, yet it is not to be understood to be of that Force as to hurry a Man into such a Violation of the Law of Nature, as shall render him obnoxious to the Civil Judicature, where evil Desires are not animadverted on, †provided they break not forth into external Actions. So that after all the Pains that can be taken to repel Nature, if it takes its full Swinge, yet it may so far be restrain’d as not to produce open Acts of Wickedness; and the Difficulty which happens in vanquishing these Propensities is abundantly recompens’d in the Glory of the Conquest. But if these Impulses are so strong 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.
XIII. By Custom or Habitude. L. N. N. l. 1. c. 4. §6.
The frequent Repetition of Actions of the same kind does also incline the Will to do certain Things; and the Propensity which proceeds from hence is called Habit or Custom; for it is by this that any Thing is undertaken readily and willingly; so that the Object being presented, the Mind seems to be forced thitherward, or if it be absent, the same is earnestly desirous of it. Concerning which this is to be observ’d, That as there appears to be no Custom, but what a Man may, by applying a due Care, break and leave off; so neither can any so far put a force upon the Will, but that a Man may be able at any Time to restrain himself from any external Acts at least, to which by that he is urged. And because it was in the Persons own Power to have contracted this Habit or not, whatsoever easiness it brings to any Action, yet if that Action be good, it loses nothing of its Value therefore, as neither doth an evil Thing abate ought of its Pravity. But as a good Habit brings Praise to a Man, so an ill one shews his Shame.
XIV. By Passion. L. N. N. l. 1. c. 4. §7.
It is also of great Consideration, whether the Mind be in a quiet and placid State, or whether it be affected with those peculiar Motions we call the Passions. Of these it is to be known, that how violent soever they are, a Man with the right Use of his Reason may yet conquer them, or at least contain them so far within Bounds, as to hinder them from producing those Actions they prompt Men to do. *But whereas of the Passions some are rais’d from the Appearance of Good, and others of Evil; and do urge either to the procuring of somewhat that is acceptable, or to the avoiding of what is mischievous, it is agreeable to Human Nature, that these should meet among Men more favour and pardon, than those; and that according to such degrees as the Mischief that excited them was more hurtful and intolerable. For to want a Good not altogether necessary to the Preservation of Nature is accounted more easie, than to endure an Evil which tends to Nature’s Destruction.
XV. By intoxication. L. N. N. l. 1. c. 4. §8.
Farthermore, as there are *certain Maladies, which take away all Use of the Reason either perpetually or for a time: So ’tis customary in many Countries, for Men on purpose to procure to themselves a certain kind of Disease which goes off in a short time, but which very much confounds the Reasoning Faculty. By this we mean Drunkenness; proceeding from certain kinds of Drink, and Fumes, which hurry and disturb the Blood and Spirits, thereby rendring Men very prone to Lust, Anger, Rashness and immoderate Mirth; so that many by Drunkenness are set as it were beside themselves, and seem to have put on another Nature, than that which they were of, when sober. But as this does not always take away the whole Use of Reason; so, as far as the Person does willingly put himself in this State, it is apt to procure an Abhorrence rather than a favourable Interpretation of what is done by its Impulse.
XVI. Actions Involuntary, mixt. L. N. N. l. 1. c. 4. §11.
Now of Human Actions, as those are call’d Voluntary, which proceed from, and are directed by the Will; so if any thing be done wittingly, altogether against the Will, these are call’d Involuntary, taking the Word in the narrowest sense; for taking it in the largest, it comprehends even those which are done through Ignorance. But Involuntary in this place is to signifie the same as forc’d; that is, when by an external Power which is stronger, a Man is compell’d to use his Members in any Action, to which he yet signifies his Dissent and Aversion by Signs, and particularly by counterstriving with his Body. Less properly those Actions are also called Involuntary, which by the Imposition of a great Necessity are chosen to be done, as the lesser Evil; and for the Acting whereof the Person had the greatest Abomination, had he not been set under such Necessity. These Actions therefore are call’d Mixt. With Voluntary Actions they have this in common, that in the present State of Things the Will chuses them as the lesser Evil. With the Involuntary they are after a sort the same, as to the Effect, because they render the Agent either not at all, or not so heinously blameable, as if they had been done spontaneously.
XVII. Voluntary Actions imputable. L. N. N. l. 1. c. 5. §5.
Those Human Actions then which proceed from, and are directed by the Understanding and the Will, have particularly this natural Propriety, *that they may be imputed to the Doer; that is, that a Man may justly be said to be the Author of them, and be oblig’d to render an Account of such his Doing; and the Consequences thereof, whether good or bad, are chargeable upon him. For there can be no truer Reason why any Action should be imputable to a Man, than that he did it either mediately or immediately knowingly and willingly; or that it was in his Power to have done the same or to have let it alone. Hence it obtains as the prime Axiom in Matters of Morality which are liable to the Human Forum: That every Man is accountable for all such Actions, the Performance or Omission of which were in his own Choice. Or, which is tantamount, That every Action that lies within a Man’s Power to perform or omit, is chargeable upon him who might or might not have done it. So on the contrary, no Man can be reputed the Author of that Action, which neither in it self nor in its cause, was in his Power.
XVIII. Conclusions from the Premisses.
From these Premisses we shall deduce some particular Propositions, by which shall be ascertain’d, what every Man ought to be accountable for; or, in other Words, which are those Actions and Consequences of which any one is to be charged as Author.
The first Conclusion. L. N. N. l. 1. c. 5. §6.
None of those Actions which are done by another Man, nor any Operation of whatsoever other things; neither any Accident, can be imputable to any Person, but so far forth as it was in his Power, or as he was oblig’d to guide such Action. For nothing is more common in the World, than to subject the Doings of one Man to the Manage and Direction of another. Here then, if any thing be perpetrated by one, which had not been done, if the other had performed his Duty and exerted his Power; this Action shall not only be chargeable upon him who immediately did the Fact, but upon the other also who neglected to make use of his Authority and Power. And yet this is to be understood with some restriction; so as that Possibility may be taken morally, and in a large Sense. For no Subjection can be so strict, as to extinguish all manner of Liberty in the Person subjected; but so, that ’twill be in his Power to resist and act quite contrary to the Direction of his Superior; neither will the State of Human Nature bear, that any one should be perpetually affix’d to the side of another, so as to observe all his Motions. Therefore when a Superiour has done every thing that was requir’d by the Rules of his Directorship, and yet somewhat is acted amiss, this shall be laid only to the charge of him that did it. Thus, whereas Man exercises Dominion over other Animals, what is done by them to the detriment of another, shall be charged upon the Owner, as supposing him to have been wanting of due Care and Circumspection. So also all those Mischiefs which are brought upon another, may be imputed to that Person, who when he could and ought, yet did not take out of the way the Cause and Occasion thereof. Accordingly it being in the Power of Men to promote or suspend the Operations of many Natural Agents, whatsoever Advantage or Damage is wrought by these, they shall be accountable for, by whose application or neglect the same was occasion’d. Beside, sometimes there are extraordinary Cases, when a Man shall be charged with such Events as are above human Direction, as when God shall do particular Works with regard to some single Person. [So the Pestilence in Israel may be charg’d upon David for numbring the People; 2 Sam. xxiv. or the three Year’s Drought to the Prayers of Elijah, 1 Kings xvii. and the like.] These and such Cases being excepted, no Man is responsible but for his own Actions.
XIX. The second Conclusion. L. N. N. l. 1. c. 5. §7.
WHATSOEVER Qualifications a Man has or has not, which it is not in his Power to exert or not to exert, must not be imputed to him, unless so far as he is wanting in Industry to supply such Natural Defect, or does not rouse up his native Faculties. So, because no man can give himself an Acuteness of Judgment and Strength of Body; therefore no one is to be blam’d for Want of either, or commended for having them, except so far as he improv’d, or neglected the cultivating thereof. Thus Clownishness is not blameable in a Rustic, but in a Courtier or Citizen. And hence it is, that those Reproaches are to be judg’d extremely absurd, which are grounded upon Qualities, the Causes of which are not in our Power, as, Short Stature, a deform’d Countenance, and the like.
XX. The Third Conclusion. L. N. N. l. 1. c. 5. §10.
Farther, We are not chargeable for those Things, which we do thro’ Invincible Ignorance. Because we have nothing but the Light of our Understanding to direct our Actions by; and in this case it is supposed that the Agent neither had, nor possibly could have, this Light for his Direction at that time, and that it was not his own Fault that made it not possible for him then to come at proper Knowledge. When we say not possible for him to know, we must be understood in a Moral not a Physical Sense; that is, it was not possible to come to this Knowledge by the usual and common Means, by using his best Care and Attention, and by giving such Diligence, Precaution, and Circumspection, as in all reason may be thought sufficient for the attaining such Knowledge.
XXI. The fourth Conclusion.
Ignorance of a Man’s Duty, or of those Laws from whence his Duty arises, or Error about either of them, does not excuse from blame. For whosoever imposes Laws and Services, is wont and ought to take care that the Subject have notice thereof. And these Laws and Rules of Duty generally are and should be order’d to the Capacity of such Subject, if they are such as he is obliged to know and remember. Hence, he who is the Cause of the Ignorance shall be bound to answer for those Actions which are the Effects thereof.
XXII. The fifth Conclusion.
He who, not by his own fault, wants an Opportunity of doing his Duty, shall not be accountable, because he has not done it. An Opportunity of doing our Duty comprehends these four requisite Conditions: 1. That an Object of Action be ready: 2. That a proper Place be had, where we may not be hindred by others, nor receive any Mischief: 3. That we have a fit Time, when Business of greater Necessity is not to be done, and which is equally seasonable for those Persons who are to concur with us in the Action: and 4. Lastly, That we have natural Force sufficient for the performancer. For since an Action cannot be atchiev’d without these, ’twould be absurd to blame a Man for not acting, when he had not an Opportunity so to do. Thus, a Physician cannot be accus’d of Sloth, when no body is sick to employ him. Thus, no Man can be liberal, who wants himself. Thus he cannot be reprov’d for burying his Talent who having taken a due care to set himself in an useful Station, has yet miss’d of it: tho’ it be said,* To whom much is given, from him much shall be requir’d.†Thus we cannot blow and suck all at once.
XXIII. The sixth Conclusion. L. N. N. l. 1. c. 5. §8.
No Man is accountable for not doing that which exceeded his Power, and which he had not Strength sufficient to hinder or accomplish. Hence that Maxim, To Impossibilities there lies no Obligation. But this Exception must be added, Provided, that by the Person’s own Fault he has not impaired, or lost that Strength which was necessary to the Performance; for if so, he is to be treated after the same manner, as if he had all that Power which he might have had: Otherwise it would be easie to elude the Performance of any difficult Obligation, by weakening one’s self on purpose.
XXIV. The seventh Conclusion. L. N. N. l. 1. c. 5. §9.
Neither can those things be imputable, which one acts or suffers by Compulsion. For it is supposed, that ’twas above his power to decline or avoid such doing or suffering. But we are said after a twofold manner to be compell’d; one way is, when another that’s stronger than us violently forces our Members to do or endure somewhat; the other, ‡when one more powerful shall threaten some grievous Mischief (which he is immediately able to bring upon us) unless we will, as of our own accord, apply our selves to the doing of this, or abstain from doing that. For in these cases unless we are expressly obliged to take the Mischief to our selves which was to be done to another, he that sets us under this Necessity, is to be reputed the Author of the Fact; and the same is no more chargeable upon us, than a Murder is upon the Sword or Ax which was the Instrument.
XXV. The eighth Conclusion.
The Actions of those who want the Use of their Reason are not imputable; because they cannot distinguish clearly what they do, and bring it to the Rule. Hitherto appertain the Actions of Children, before their reasoning Faculties begin to exert themselves. For though they are now and then chid or whipt for what they do; yet it is not from hence to be concluded, that their Actions are really Crimes, or that in strictness they deserve this punishment for them; which they receive not as from Justice, but in Prudence to prevent their growing troublesome to others, and lest they contract ill Habits in themselves when they are little, and so keep them when they are grown up. So also the Doings of Franticks, Crackbrains, and Dotards are not accounted Human Actions, nor imputable to those who contracted such incapacitating Disease, without any fault of their own.
XXVI. The ninth Conclusion. L. N. N. l. 1. c. 5 §11.
Lastly, A Man is not chargeable with what he seems to do in his Dreams; unless by indulging himself in the Day-time with idle Thoughts, he has deeply impressed the Ideas of such Things in his Mind; (tho’ Matters of this Sort can rarely be within the Cognizance of the Human Forum.) For indeed the Fansie in Sleep is like a Boat adrift without a Guide; so that ’tis impossible for any Man to order what Ideas it shall form.
L. N. N. l. 1. c. 5. §14.
XXVII. Imputation of another’s Actions. L. N. N. l. 1. c. 5. §14.
But concerning the Imputation of another Man’s Actions, it is somewhat more distinctly to be observ’d, that sometimes it may so happen, that an Action ought not at all to be charged upon him that immediately did it, but upon another who made use of this only as an Instrument. But it is more frequent, that it should be imputed both to him who perpetrated the thing, and to the other, who by doing or omitting something, shew’d his concurrence to the Action. And this is chiefly done after a threefold manner; either, 1. As the other was the principal Cause of the Action, and this less principal. Or, 2. As they were both equally concern’d. Or, 3. As the other was less principal, and he that did the Act was principal. To the first Sort belong those who shall instigate another to any thing by their Authority; those who shall give their necessary Approbation, without which the other could not have acted; those who could and ought to have hindred it, but did not. To the second Class appertain, those who order such a thing to be done, or hire a Man to do it; those who assist; those who afford harbour and protection; those who had it in their Power, and whose Duty it was to have succour’d the wronged Person, but refus’d it. To the third Sort are refer’d such as are of *counsel to the Design; †those that encourage and commend the Fact before it be done; and such as incite Men to sinning by their Example, and the like.
I. The Necessity of a Rule.
L. N. N. l. 2. c. 1.
Because all Human Actions depending upon the Will, have their Estimate according to the concurrence thereof; but the Will of every Person not only differs in many respects from that of all others, but also alters and changes it self, becoming different in the same Person at one time from what it was before at another; therefore to preserve Decency and Order among Mankind, it was necessary there should be some Rule, by which they should be regulated. For otherwise, if, where there is so great a Liberty of the Will, and such Variety of Inclinations and Desires, any Man might do whatsoever he had a mind to, without any regard to some stated Rule, it could not but give occasion to vast Confusions among Mankind.
II. Law, defined. L. N. N. l. 1. c. 6. §4.
This Rule is call’d LAW; which is, *A Decree by which the Superior obliges one that is subject to him, to accommodate his Actions to the Directions prescrib’d therein.2
III. Obligation. L. N. N. l. 1. c. 6. §5.
That this Definition may the better be understood, it must first be enquired, What is an Obligation; whence is its Original; who is capable of lying under an Obligation; and who it is that can impose it. By Obligation then is usually meant, A moral Bond, whereby we are ty’d down to do this or that, or to abstain from doing them.3 That is, hereby a kind of a Moral Bridle is put upon our Liberty; so that though the Will does actually drive another way, yet we find our selves hereby struck as it were with an internal Sense, that if our Action be not perform’d according to the prescript Rule, we cannot but confess we have not done right; and if any Mischief happen to us upon that Account, we may fairly charge our selves with the same; because it might have been avoided, if the Rule had been follow’d as it ought.
IV. Man capable of being obliged. L. N. N. l. 1. c. 6. §6.
And there are two Reasons why Man should be subject to an Obligation; one is, because he is endow’d with a Will, which may be divers ways directed, and so be conform’d to a Rule: the other, because Man is not exempt from the Power of a Superior. For where the Faculties of any Agent are by Nature form’d only for one Way of acting, there ’tis to no purpose to expect any thing to be done of choice: and to such a Creature ’tis in vain to prescribe any Rule; because ’tis uncapable of understanding the same, or conforming its Actions thereto. Again, if there be any one who has no Superior, then there is no Power that can of right impose a Necessity upon him; and if he perpetually observes a certain Rule in what he does, and constantly abstains from doing many things, he is not to be understood to act thus from any Obligation that lies upon him, but from his own good pleasure. It will follow then, for any one to be capable of lying under Obligation, it is necessary, that on the one hand he have a Superior, and on the other, that he be both capable of understanding the Rule prescrib’d him by his Superior, and also endu’d with a Will which may be directed several ways; and yet which (when the Law is promulged by his Superior) knows he cannot rightly depart therefrom. And with all these Faculties, ’tis plain, Mankind is furnish’d.
V. Who can oblige. L. N. N. l. 1. c. 6. §9.
An Obligation is superinduced upon the Will of Men properly by a Superior; that is, not only by such a one as being greater or stronger, can punish Gainsayers: but by him who has just Reasons to have a Power to restrain the Liberty of our Will at his own Pleasure.4 Now when any man has either of these, as soon as he has signify’d what he would have, it necessarily stirs up, in the Mind of the party concern’d, Fear mixt with Reverence; the first arises from the consideration of his Power, the5 other proceeds from those Reasons 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 Actions to his Will. For he that can give me no other Reason for putting me under an Obligation against my Will, beside this, that he’s too strong for me, he truly may so terrifie me, that I may think it better to obey him for a while than suffer a greater Evil: but when this Fear is over, nothing any longer hinders, but that I may act after my own Choice and not his. On the contrary, he that has nothing but Arguments to prove that I should obey him, but wants Power to do me any Mischief, if I deny: I may with Impunity slight his Commands, except one more potent take upon him to make good his despis’d Authority. Now the Reasons upon which one Man may justly exact Subjection from another, are two:6 First, if he have been to the other the Original of some extraordinary Good; and if it be plain, that he designs the others Welfare, and is able to provide better for him than ’tis possible for himself to do; and on the same Account does actually lay claim to the Government of him: Secondly, if any one does voluntarily surrender his Liberty to another, and subject himself to his Direction.
VI. The Legislator and the true meaning of the Law to be known. L. N. N. l. 1. c. 6. §14.
Farthermore, that a Law may exert its Force in the Minds of those to whom it is promulged, it is requir’d, that both the Legislator and the Law also be known. For no Man can pay Obedience, if he know not whom he is to obey, and what he is to perform. Now the Knowledge of the Legislator is very easy; because from the Light of Reason ’tis certain the same must be the Author of all the Laws of Nature, who was the Creator of the Universe: Nor can any Man in Civil Society be ignorant who it is that has Power over him.7 Then for the Laws of Nature, it shall be hereafter declar’d how we come to the Knowledge of them. And as to the Laws of a Man’s Country or City, the Subject has notice given of them by a Publication plainly and openly made. In which these two Things ought to be ascertain’d, that the Author of the Law is he, who hath the Supreme Authority in the Community; and that this or that is the true Meaning of the Law. The First of these is known, if he shall promulge the Law with his own Mouth, or deliver it under his own Hand; or else if the same be done by such as are delegated to that purpose by him, whose Authority there is no Reason to call in question, if it be manifest, that such their acting belongs to that Office they bear in the Publick, and that they are regularly placed in the Administration thereof; if these Laws are brought in use at judicial Proceedings, and if they contain nothing derogatory to the Sovereign’s Power. That the Latter, that is, the true Sense of the Law may be known, it is the Duty of those who promulge it, in so doing to use the greatest Perspicuity and Plainness; and if any thing obscure do occur therein, an Explanation is to be sought of the Legislator, or of those who are publickly constituted to give judgment according to the Laws.
VII. Two parts of a perfect Law. L. N. N. l. 1. c. 6. §14.
Of every perfect Law there are two Parts: One, [Precept] whereby it is directed what is to be done or omitted: the other, [the Sanction] wherein is declared what Punishment he shall incur, who neglects to do what is commanded, or attempts that which is prohibited. For as through the Pravity of Human Nature ever inclining to things forbidden, it is to no purpose to say, Do this, if no Punishment shall be undergone by him who disobeys; so it were absurd to say, You shall be punish’d, except some Cause preceeded, by which a Punishment was deserv’d. Thus then all the force of a Law consists in signifying what the Superior requires or forbids to be done, and what Punishment shall be inflicted upon the Violators. But the Power of obliging, that is, of imposing an intrinsick Necessity; and the Power of forcing, or, by the proposal of Punishments compelling the Observation of Laws, is properly in the Legislator, and in him to whom the Guardianship and Execution of the Laws is committed.
VIII. It ought to command things possible and beneficial.
Whatsoever is enjoyn’d by any Law, ought not only to be in the Power of him to perform on whom the Injunction is laid, but it ought to contain somewhat advantagious either to him or others. For as it would be absurd and cruel to exact the doing of any thing from another, under a Penalty, which it is and always was beyond his Power to perform; so it would be silly and to no purpose to put a Restraint upon the natural Liberty of the Will of any man, if no one shall receive any Benefit therefrom.
IX. Power of Dispensing. L. N. N. l. 1. c. 6 §17.
But though a Law does strictly include all the Subjects of the Legislator who are concern’d in the Matter of the same, and whom the same Legislator at first intended not to be exempted: yet sometimes it happens that particular persons may be clear’d of any obligation to such Law: and this is call’d Dispensing. But as he only may dispense, in whose Power it is to make and abrogate the Law; *so great Care is to be taken, lest by too frequent Dispensations, and such as are granted without very weighty Reasons, the Authority of the Law be shaken, and occasion be given of Envy and Animosities among Subjects.
X. Equity. L. N. N. l. 5. c. 2. §21.
Yet there is a great Difference between Equity and Dispensing: Equity being a Correction of that in which the Law, by reason of its General Comprehension, was deficient: or an apt Interpretation of the Law, by which it is demonstrated, that there may be some peculiar Case which is not compriz’d in the Universal Law, because if it were, some Absurdity would follow. For it being impossible that all Cases, by Reason of their infinite Variety, should be either foreseen or explicitly provided for; therefore the Judges, whose Office it is to apply the general Rules of the Laws to special Cases, ought to except such from the Influence of them, *as the Lawgiver himself would have excepted if he were present, or had foreseen such Cases.
XI. Actions allowable, good and bad. L. N. N. l. 1. c. 7. §1.
Now the Actions of Men obtain certain Qualities and Denominations from their relation to and agreement with the Law of Morality. And all those Actions, concerning which the Law has determin’d nothing on either side, are call’d allowable, [indifferent] or permitted. Here we may observe, that in Civil Life, where it is impossible to come to perfect Exactness in all points, even †those things are said to be allowable, upon which the Law has not assign’d some Punishment, though they are in themselves repugnant to Natural Honesty. We call those Actions which are consonant to the Law good, and those that are contrary to it bad: But that any Action should be good, ’tis requisite, that it be exactly agreeable in every ‡point to the Law; whereas it may be evil if it be deficient in one Point only.
XII. Justice of Persons. L. N. N. l. 1. c. 7. §6.
As for Justice, it is sometimes the Attribute of Actions, sometimes of Persons. When it is attributed to Persons, ’tis usually defin’d to be, A constant and perpetual Desire of giving every one their own.8 For he is called a just Man, who is delighted in doing righteous Things, who studies Justice, and in all his Actions endeavours to do that which is right. On the other side, the unjust Man is he that neglects the giving every Man his own, or, if he does, ’tis not because ’tis due, but from expectation of Advantage to himself. So that a just Man may sometimes do unjust Things, and an unjust Man that which is just. But the Just does that which is right, because he is so commanded by the Law; and never commits any unjust Acts but only through Infirmity; whereas the wicked Man does a just Thing for fear of the Punishment which is the Sanction of the Command, but such unjust Acts as he commits proceed from the Naughtiness of his Heart.
XIII. Of Actions. L. N. N. l. 1. c. 7. §7.
But the Justice of Actions not only consists in their due Conformity to Law, but it includes in it likewise a right Application of them to those Persons to whom the Action is perform’d: So that we apprehend that Action to be just, which, with full Design and Intention, is apply’d to the Person to whom it is due. Herein therefore, the Justice of Actions differs from their Goodness chiefly, that the latter simply denotes an Agreement with the Law; whereas Justice also includes the Regard they have to those *Persons upon whom they are exercised. Upon which Account Justice is call’d a Relative Virtue.
XIV. Division of Justice. L. N. N. l. 1. c. 7. §8.
Men do not generally agree about the Division of Justice. The most receiv’d Distinction is, into Universal and Particular. The first is, when every Duty is practised and all right done to others, *even that which could not have been extorted by Force, or by the Rigor of Law. The latter is, when that Justice only is done a Man, which in his own right he could have demanded; and this is wont to be again divided into †Distributive and Commutative. The Distributive takes place in Contracts made between Partners in Fellowship, concerning fair Partition of Loss and Gain according to a rate. *The Commutative is mostly in Bargains made upon even hand about Things and Doings relating to Traffick and Dealing.
XV. Injustice what. L. N. N. l. 1. c. 7. §14.
Knowing thus, what Justice is, ’tis easie to collect what is Injustice. Where it is to be observ’d, that such an unjust Action is call’d Wrong-doing, which is premeditately undertaken, and by which a Violence is done upon somewhat which of absolute Right was another Man’s due, or, which by like Right he one way or other stood possess’d of. And this Wrong may be done after a threefold Manner: 1. If that be deny’d to another which in his own right he might demand (not accounting that which from Courtesie or the like Virtue may be another’s due): Or, 2. If that be taken away from another, of which by the same right, then valid against the Invader, he was in full possession: Or, 3. If any Damage be done to another, which we had not Authority to do to him. Beside which, that a Man may be charged with Injustice, it is requisite that there be a naughty Mind and an evil Design in him that acts it. For if there be nothing of these in it, then ’tis only call’d Misfortune, or an Error; and that is so much slighter or more grievous, as the Sloth and Negligence which occasion’d it was greater or less.
XVI. Laws distinguisht. Natural and Positive L. N. N. l. 1. c. 6. §18.
Laws, with respect to their Authors, are distinguished into Divine and Humane; that proceeds from God, and this from Men. But if Laws be considered, as they have a necessary and universal Congruity with Mankind, they are then distinguisht into Natural and Positive.*Natural Law is that which is so agreeable with the rational and sociable Nature of Man, that honest and peaceable Society could not be kept up amongst Mankind without it, Hence it is, that this may be sought out, and the knowledge of it acquired by the light of that Reason, which is born with every Man, and by a consideration of Human Nature in general. Positive Law is that which takes not its rise from the common condition of Human Nature, but only from the good pleasure of the Legislator: This likewise ought to have its Foundation in Reason, and its End ought to be some Advantage to those Men, or that Society, for which it is designed. Now the Law Divine, is either Natural or Positive; but all Human Laws, strictly taken, are Positive.
Of the Law of Nature in general
I. Law Natural obvious. L. N. N. l. 2. c. 3.
That Man, who has thoroughly examined the Nature and Disposition of Mankind, may plainly understand what the Law Natural is, the Necessity thereof, and which are the Precepts it proposes and enjoyns to Mankind. For, as it much conduces to him who would know exactly the Polity of any Community, that he first well understand the Condition thereof, and the Manners and Humours of the Members who constitute it: So to him who has well studied the common Nature and Condition of Man, it will be easie to discover those Laws which are necessary for the Safety and common Benefit of Mankind.
II. Self Preservation.
This then Man has in common with all the Animals, who have a Sense of their own Beings; that he accounts nothing dearer than Himself; that he studies all manner of ways his own Preservation; and that he endeavours to procure to himself such things as seem good for him, and to avoid and keep off those that are mischievous. And this Desire of Self-Preservation regularly is so strong, that all our other Appetites and Passions give way to it. So that whensoever an Attempt is made upon the Life of any man, though he escape the danger threatned, yet he usually resents it so, as to retain a Hatred still, and a desire of Revenge on the Aggressor.
III. Society absolutely necessary. L. N. N. l. 2. c. 1. §8.
But in one particular, Man seems to be set in a worse condition than that of Brutes, that hardly any other Animal comes into the world in so great weakness; so that ’twould be a kind of Miracle, if any man should arrive at a mature Age, without the aid of some body else. For even now, after so many helps found out for the Necessities of Human Life; yet a many Years careful Study is required before a Man shall be able of himself to get Food and Raiment.*Let us suppose a Man come to his full Strength without any oversight or instruction from other Men; suppose him to have no manner of Knowledge but what springs of it self from his own natural Wit; and thus to be placed in some Solitude, destitute of any Help or Society of all Mankind beside. Certainly a more miserable Creature cannot be imagined. He is no better than dumb, naked, and has nothing left him but Herbs and Roots to pluck, and the wild Fruits to gather; to quench his thirst at the next Spring, River, or Ditch; and to shelter himself from the Injuries of the Weather, by creeping into some Cave, or covering himself after any sort with Moss or Grass; to pass away his tedious life in Idleness; to start at every Noise, and be afraid at the sight of any other Animal; in a Word, at last to perish either by Hunger, or Cold, or some wild Beast. It must then follow, that whatsoever Advantages accompany Human Life, are all owing to that mutual Help Men afford one another. So that, next to Divine Providence, there is nothing in the world more beneficial to Mankind than Men themselves.
IV. Men to Men inclinable to do hurt. L. N. N. l. 2. c. 1. §6. l. 7. c. 1. §4.
And yet, as useful as this Creature is, or may be, to others of its kind, it has many Faults, and is capable of being equally noxious; which renders mutual Society between Man and Man not a little dangerous, and makes great Caution necessary to be used therein, lest Mischief accrue from it instead of Good. In the first place, a stronger Proclivity to injure another is observ’d to be generally in Man, than in any of the Brutes; for they seldom grow outragious, but through Hunger or Lust, both which Appetites are satisfi’d without much Pains; and that done, they are not apt to grow furious, or to hurt their Fellow-Creatures, without some Provocation. Whereas Man is an Animal always prone to Lust, by which he is much more frequently instigated, than seems to be necessary to the Conservation of his Kind. His Stomach also is not only to be satisfied, but to be pleased; and it often desires more than Nature can well digest. As for Raiment, Nature has taken Care of the rest of the Creatures that they don’t want any: But Men require not only such as will answer their Necessity, but their Pride and Ostentation. Beside these, there are many Passions and Appetites unknown to the Brutes, which are yet to be found in Mankind; as, an unreasonable Desire of possessing much more than is necessary, an earnest pursuit after Glory and Pre-eminence; Envy, Emulation, and Outvyings of Wit. A Proof hereof is, that most of the Wars with which Mankind is harrass’d, are rais’d for Causes altogether unknown to the Brutes. Now all these are able to provoke Men to hurt one another, and they frequently do so. Hereto may be added the great Arrogance that is in many Men, and Desire of insulting over others, which cannot but exasperate even those who are naturally meek enough; and from a Care of preserving themselves and their Liberty, excite them to make Resistance. Sometimes also Want sets Men together by the Ears,9 or because that Store of Necessaries which they have at present seems not sufficient for their Needs or Appetites.
V. And very capable of it.
Moreover, Men are more able to do one another Harm than Brutes are. For tho’ they don’t look formidable with Teeth, Claws, or Horns, as many of them do; yet the Activity of their Hands renders them very effectual Instruments of Mischief; and then the Quickness 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 easie for one Man to bring upon another the greatest of all Natural Evils, to wit, Death itself.
VI. And likely so to do. L. N. N. l. 2. c. 1. §7.
Beside all this, it is to be consider’d, that among Men there is a vast Diversity of Dispositions, which is not to be found among Brutes; for among Brutes, all of the same Kind have the like Inclinations, and are led by the same inward Motions and Appetites: Whereas among Men, there are so many Minds as there are Heads, and every one has his singular Opinion; nor are they all acted with simple and uniform Desires, but with such as are manifold and variously mixt together. Nay, one and the same Man shall be often seen to differ from himself, and to desire that at one Time which at another he extremely abhorred. Nor is the Variety less discernable, which is now to be found in the almost infinite Ways of living, of directing our Studies, or Course of Life, and our Methods of making use of our Wits. Now, that by Occasion hereof Men may not dash against one another, there is need of wise Limitations and careful Management.
VII. The Sum of the foregoing Paragraphs.
So then Man is an Animal very desirous of his own Preservation; of himself liable to many Wants; unable to Support himself without the Help of other of his Kind; and yet wonderfully fit in Society to promote a common Good: But then he is malicious, insolent, and easily provok’d, and not less prone to do Mischief to his Fellow than he is capable of effecting it. Whence this must be inferr’d, that in order to his Preservation, ’tis absolutely necessary, that he be sociable,10 that is, that he join with those of his Kind, and that he so behave himself towards them, that they may have no justifiable Cause to do him Harm, but rather to promote and secure to him all his Interests.
VIII. Law Natural defin’d.
The Rules then of this Fellowship, which are the Laws of Human Society, whereby Men are directed how to render themselves useful Members thereof, and without which it falls to pieces, are called the Laws of Nature.
IX. The Means design’d where the End is so. L. N. N. l. 2. c. 3. §15.
From What has been said, it appears, that this is a11fundamental Law of Nature, That EVERY MAN OUGHT, AS MUCH AS IN HIM LIES, TO PRESERVE AND PROMOTE SOCIETY: That is, the Welfare of Mankind.*And since he that designs the End, cannot but be supposed to design those Means without which the End cannot be obtain’d, it follows that all such Actions as tend generally and are absolutely necessary to the Preservation of this Society, are commanded by the Law of Nature; as, on the contrary, those that disturb and dissolve it are forbidden by the same. All other Precepts are to be accounted only Subsumptions, or Consequences upon this Universal Law, the Evidence whereof is made out by that Natural Light which is engrafted in Mankind.
X. A God and Providence. L. N. N. l. 2. c. 3. §19.
Now though these Rules do plainly contain in themselves that which is for the general Good; yet that the same may obtain the Force of Laws, it must necessarily be presuppos’d, that there is a GOD, who governs all Things by his Providence, and that He has enjoyn’d us Mortals, to observe these Dictates of our Reason as Laws, promulged by him to us by the powerful Mediation of that Light which is born with us. Otherwise we might perhaps pay some obedience to them in contemplation of their Utility, so as we observe the Directions of Physicians in regard to our Health, *but not as Laws, to the Constitution of which a Superior is necessary to be supposed, and that such a one as has actually undertaken the Government of the other.12
XI. God the Author of the Law of Nature. L. N. N. l. 2. c. 3. §20.
But, that God is the Author of the Law of Nature, is thus demonstrated13 (considering Mankind only in its present State, without enquiring whether the first Condition of us Mortals was different from this, nor how the Change was wrought.) Whereas our Nature is so framed, that Mankind cannot be preserv’d without a sociable Life, and whereas it is plain that the Mind of Man is capable of all those Notions which are subservient to this purpose; and it is also manifest, that Men not only, like the other Creatures, owe their Original to God, but that He governs them, (let their Condition be as it will) by the Wisdom of his Providence. Hence it follows, that it must be supposed to be the Will of God, that Man should make use of those Faculties with which he is peculiarly endow’d beyond the Brutes, to the Preservation of his own Nature: and consequently, that the Life of Man should be different from the lawless Life of the Irrational Creatures. And since this cannot otherwise be atchiev’d, but by an Observance of the Law Natural, it must be understood, that there is from God an obligation laid upon Man to pay Obedience hereto, as a Means not invented by the Wit, or imposed by the Will of Men, nor capable of being changed by their Humours and Inclinations; but expressly ordain’d by God himself in order to the accomplishing this End. For he that obliges us to pursue such an End, must be thought to oblige us to make use of those Means which are necessary to the attainment thereof. And that the Social Life is positively enjoyn’d by God upon Men, this is a Proof, that in no other Animal is to be found any Sense of Religion or Fear of a Deity, which seems not so much as to fall within the Understanding of the ungovernable Brute; and yet it has the power to excite in the minds of Men, not altogether profligate, the tenderest Sense; by which they are convinced, that by sinning against this Law Natural, they offend him who is Lord of the Soul of Man, and who is to be fear’d, even where we are secure of any Punishment from our Fellow-Creatures.
XII. This Law how written in Man’s Heart.
Rom. ii. 15.
Though it be usually said, that we have the Knowledge of this Law from Nature it self, yet this is not so to be taken, as if there were implanted in the Minds of Men just new born, plain and distinct Notions concerning what is to be done or avoided. But Nature is said thus to teach us, *partly because the Knowledge of this Law may be attain’d by the help of the Light of Reason; and partly because the general and most useful Points thereof are so plain and clear, that they at first sight force the Assent, and get such root in the minds of Men, that nothing can eradicate them afterwards; let wicked Men take never so much pains to blunt the edge and stupifie themselves against the Stings of their Consciences. And in this Sense we find in Holy Scripture, that this Law is said to be written in the hearts of Men. So that having from our Childhood had a Sense hereof instill’d into us, together with other Learning in the usual Methods of Education, and yet not being able to remember the punctual time when first they took hold of our Understanding and possess’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 together and at the same time with our selves. The Case being the same with every Man in learning his Mother Tongue.
XIII. Division of Natural Duties. L. N. N. l. 2. c. 3. §24.
Those Duties, which from the Law of Nature are incumbent upon Man, seem most aptly to be divided according to the Objects about which they are conversant. With regard to which they are ranged under three principal Heads; the first of which gives us Directions how by the single Dictates of right Reason Man ought to behave himself towards God; the second contains our Duty towards our selves; and the third that towards other Men. But though those Precepts of the Law Natural, which have a relation to other Men, may primarily and directly be derived from that Sociality, which we have laid down as a Foundation; yet even the Duties also of Man towards God may be *indirectly deduc’d from thence, upon this Account, that the strongest Obligation to mutual Duties between Man and Man arises from Religion and a Fear of the Deity; so as that Man could not become a sociable Creature if he were not imbu’d with Religion; and because Reason alone can go no farther in Religion than as it is useful to promote the common Tranquillity and Sociality or reciprocal Union in this Life: For so far forth as Religion procures the Salvation of Souls, it proceeds from peculiar Divine Revelation. But the Duties a man owes to Himself arise jointly from Religion, and from the Necessity of Society. So that no Man is so Lord of himself, but that there are many things relating to himself, which are not to be disposed altogether according to his Will; partly because of the Obligation he lies under of being a religious Adorer of the Deity, and partly that he may keep himself an useful and beneficial Member of Society.
Of the Duty of Man towards God, or, concerning Natural Religion
I. Natural Religion, its Parts.
The Duty of Man towards GOD, so far as can be discover’d by Natural Reason, is comprehended in these two; that we have true Notions concerning him, or know him aright; and then that we conform all our Actions to his Will, or obey him as we ought. And hence Natural Religion consists of two sorts of Propositions, to wit,* Theoretical or Speculative, and Practical or Active.
II. That God is. L. N. N. l. 2. c. 4. §3.
Amongst those Notions that every Man ought to have of GOD, the first of all is, that he firmly believe his Existence, that is, that there is indeed some supreme and first Being, upon whom this Universe depends. And this has been most plainly demonstrated by learned and wise Men from the Subordination of Causes to one another, which must at last be found to have their Original in somewhat that was before them all; from the necessity of having a first Mover; from the Consideration of this great Machin, the World, and from the like Arguments.14 Which if any Man denies himself to be able to comprehend, he is not therefore to be excus’d for his Atheism. For all Mankind having been perpetually, as it were, possest of this Persuasion, that Man who undertakes to oppose it, ought not only solidly to confute all those Arguments that are brought to prove a God, but should advance Reasons for his own Assertion, which may be more plausible than those. And since by this Belief of the Deity the Weal of Mankind may be supposed to have been hitherto preserv’d, he ought to shew that Atheism would better answer that End than sober Religion and the Worship of God. Now seeing this can by no means be done, the Wickedness of those Men who attempt any way to eradicate this Persuasion out of the Minds of Men, is to be above all things abominated, and restrain’d by the severest Punishments.
III. God the Creator of the World. L. N. N. l. 3. c. 4. §4.
The Second is, that God is the Creator of this Universe. For it being manifest from Reason, that none of these Things could exist of themselves, it is absolutely necessary that they should have some supreme Cause; which Cause is the very same that we call GOD,
And hence it follows, that those Men are cheated, who every now and then are putting upon us Nature, forsooth, as the original Cause of all Things and Effects. For, if by that Word they mean that Energy and Power of Acting which we find in every Thing, this is so far from being of any force to prove there is no God, that it proves him to be the Author of Nature it self. But if by Nature they would have us understand the Supreme Cause of all Things, this is only out of a profane Nicety to avoid the receiv’d and plain Appellation of GOD.
Those also are in a great Error, who believe that any thing can be GOD, which is the Object of our Senses, and particularly the Stars, among the rest. For the Substance of these argues them all to derive their Beings from somewhat else, and not to be the first Things in Nature.
Nor do they think less unworthily of God, who call him the *Soul of the World. For the Soul of the World, let them conceive of it as they please, must signifie a Part of the World; and how can a Part of a Thing be the Cause of it, that is, be something before it self? But if by the Soul of the World, they mean that first and invisible Being, from which all Things receive their Vigour, Life, and Motion, they only obtrude upon us an obscure and figurative Expression for one that is plain and obvious. From hence also it appears, that the World did not exist from all Eternity; this being contrary to the Nature of that which has a Cause. And he that asserts, that the World is Eternal, denies that it had any Cause of its being, and consequently denies God himself.
IV. God governs the World.
The Third is, that GOD governs the whole World, and particularly Mankind; which plainly appears from the admirable and constant Order which is to be seen in this Universe; and ’tis to the same moral Purpose whether a Man deny that GOD is, or that he rules and regards the Affairs of Men; since either of them destroy all Manner of Religion. For let him be never so excellent in himself, ’tis in vain to fear or worship him, if he be altogether regardless of us, and neither will nor can do us either Good or Hurt.
V. God infinitely perfect.
The Fourth is, that no Attribute can belong to God, which implies any manner of Imperfection. For it would be absurd, (He being the Cause and Source of all Things) for any Creature of his to think it self able to form a notion of any Perfection, of which he is not fully possest. Nay, His Perfection infinitely surmounting the Capacity of so mean a Creature, it is most reasonable to express the same in negative rather than in positive Terms. Hence nothing is to be attributed to God that is finite or determinate; because what is finite has always somewhat that is greater than it self: And whatsoever is determinate, or subject to Figure and Form, must suppose Bounds and Circumscription: Neither can He be said to be distinctly and fully comprehended or conceiv’d in our Imagination, or by any Faculty of our Souls; because whatsoever we can comprehend fully and distinctly in our Minds, must be Finite. And yet, when we pronounce God to be Infinite, we are not to think we have a full Notion of Him; for by the word Infinite we denote nothing in the Thing it self; but only declare the Impotence of our Understandings, and we do, as it were, say, that we are not able to comprehend the Greatness of his Essence. Hence also it is, that we cannot rightly say of God that he has any Parts, as neither that He is All any thing; for these are Attributes of things finite; nor that he is contain’d in any Place, for that denotes Limits and Bounds; nor that He moves or rests, for both those suppose Him to be in a place: So neither can any thing be properly attributed to God which intimates Grief, or any Passion, such as Anger, Repentance, Mercy. I say properly; because when the inspir’d Writers sometimes use such Expressions, speaking of the Almighty, they are not to be understood in a proper Sense, but as accommodating their Language to the common Apprehensions and Capacities of Men; so that we are not to understand hereby that GOD receives the same Impressions from external Objects that Man receives, but only by way of similitude, as to the Event or Effect; thus God is said to be angry with, and to be offended at Sinners, not that such Passions or Affections can possibly be in the Divine Nature, but because he will not suffer those who break his Laws to go unpunish’d. Nor may we say of Him ought that denotes the Want or Absence of any Good, as Appetite, Hope, Concupiscence, Desire of any thing; for these imply Indigence and consequently Imperfection; it not being supposable that one should desire, hope, or crave any thing of which he does not stand in some need. And so when Understanding, Will, Knowledge, and acts of the Senses, Seeing, Hearing, &c. are attributed to God, they are to be taken in a much more sublime Sense, than we conceive them in our selves. For the Will in us is a rational Desire; but Desire, as it is said afore, presupposes the Want or Absence of something that is agreeable and necessary. And Understanding and Sense imply some 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 some other Thing, demonstrate it not to be most perfect.
God but One.
Lastly, it is utterly repugnant to the Divine Perfection to say there are more Gods than one; for, beside that the admirable Harmony of the World argues it to have but one Governour, GOD would not be infinite, if there were more Gods of equal Power with himself, and not depending upon Him; for it involves a Contradiction to say, There are many Infinites. Upon the whole then, ’tis most agreeable to Reason, when we attempt to express the Attributes of God, either to make use of Words of a Negative signification, as Infinite, Incomprehensible, Immense, Eternal, i.e. which had no Beginning nor shall have End; or Superlative, as most Excellent, most Powerful, most Mighty, most Wise, &c. or Indefinite, as Good, Just, Creator, King, Lord, &c. and this in such a Sense as we would not think our selves to express What he is, but only in some sort to declare our Admiration of Him, and profess our Obedience to Him; which is a token of an humble Soul, and of a Mind paying all the Veneration it is capable of.15
VI. Internal Worship of God.
The Propositions of Practical Natural Religion are partly such as concern the Internal, and partly the External Worship of God. The Internal Worship of God consists in honouring Him. Now Honour is a high Opinion of another’s Power conjoyn’d with Goodness: And the Mind of Man is obliged, from a Consideration of this his Power and Goodness, to fill it self with all that Reverence towards him, of which its Nature is susceptible. Hence it is, that it is our Duty to love him, as the Author and Bestower of all Manner of Good; to hope in him, as from whom only all our Happiness for the future does depend; to acquiesce in his Will, he doing all things for the best, and giving us what is most expedient for us; to fear him, as being most powerful, and the offending whom renders us liable to the greatest Evil; Lastly, in all things most humbly to obey him, as our Creator, our Lord, and our best and greatest Ruler.
VII. External Worship of God.
The External Worship of God is chiefly shewn in these Instances:
1. WE must render Thanks to God for all those manifold Blessings he has so bountifully bestow’d upon us.
2. WE must conform, as far as we possibly can, all our Actions to his Will; that is, we must obey all his Commands.
3. WE must Admire and Adore his infinite Greatness.
4. WE must Offer up to him our Prayers and Supplications, to obtain from him those Benefits we stand in need of, and to be delivered from those Evils we are in fear of. Indeed our Prayers are Proofs of our Trust and Hope in Him, and our Hope is a plain Acknowledgment of the Power and Goodness of him in whom it is placed.
5. WHEN we find it necessary to take an Oath, we must swear by no other Name than the Name of God; and then we must most religiously observe what we have engaged our selves to in calling GOD to witness; and this we are indispensably obliged to, from the Consideration of God’s infinite Knowledge and his Almighty Power.
6. WE must never speak of GOD but with the highest Respect and utmost 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 follows, that the Holy Name of GOD is not to be mention’d in our Discourse upon unnecessary and trifling Occasions, since this would be great Disrespect; That we ought not to swear at all but upon great and solemn Occasions; for calling GOD to witness upon Matters of small Weight and Moment, is a great Abuse of his Holy Name. That we engage not our selves in overnice and curious Enquiries and Disputes about the Nature of GOD, and the Methods of his Providence: This would be to magnify and exalt our own Capacities, and vainly to imagine, that the unsearchable Nature and Providence of GOD could be comprehended within the narrow Limits of our shallow Reason.
7. Whatsoever is done for the Sake of GOD, or in Obedience to his Will, ought to be the most excellent in its Kind, and done after such a Manner, and with such Circumstances, as are most proper to express the profound Honour and Veneration we have for Him.
8. WE must serve and worship him, not only in private, but also in publick, in the sight of Men; for to do any thing in secret only, seems to hint as if we were ashamed to act it openly; but Worship publickly paid, not only gives Testimony of our own Devotion, but excites others by our Example to do the like.
9. AND Lastly, We are to use our utmost Endeavour to observe the Laws of Nature; for as it is the greatest Affront to slight the Commands of God, so, on the contrary, Obedience to his Laws is more acceptable than any Sacrifice; and we have proved, that the Law of Nature is the Law of God.
VIII. Eternal Salvation not acquired by Natural Religion alone.16
And yet, after all, it must be confest, that the Effects of this Natural Religion, nicely consider’d, and with regard to the present State of Mankind, are concluded within the Prospect of this Life; but that it is of no Avail towards procuring eternal Salvation.17 For Human Reason, left alone to it self, knows not that the Pravity, which is so discernable in our Faculties and Inclinations, proceeded from Man’s own Fault, and that, hereby he becomes obnoxious to the Wrath of God, and to eternal Damnation: So that with the Guidance of this only, we are altogether ignorant of the Necessity of a Saviour, and of his Office and Merit; as well as of the Promises made by God to Mankind, and of the several other Matters thereupon depending, by which alone, it is plain from the holy Scriptures, that everlasting Salvation is procured to mortal Men.
IX. Religion the firmest Bond of Society.
It may be worth the while, yet a little more distinctly to consider the Benefits which through Religion accrue to Mankind; from whence it may appear, that *It is in truth the utmost and firmest Bond of Human Society.18 For in the Natural Liberty, if you take away the Fear of a Divine Power, any Man who shall have confidence in his own Strength, may do what Violences he pleases to others who are weaker than himself, and will account Honesty, Modesty, and Truth but as empty Words; nor will he be persuaded to do that which is right by any Arguments, but from a Sense of his own Inability to act the contrary. Moreover, lay aside Religion, and the Internal Bonds of Communities will be always slack and feeble; the Fear of a temporal Punishment, the Allegiance sworn to Superiours, and the Honour of observing the same, together with a grateful Consideration that by the Favour of the supreme Government they are defended from the Miseries attending a State of Nature; all these, I say, will be utterly insufficient to contain unruly Men within the Bounds of their Duty. For in this case that Saying would indeed have place, †He that values not Death, can never be compell’d; because to those who fear not God nothing can be more formidable than Death. He that can once bring himself to despise this, may attempt what he pleases upon those that are set over him; and to tempt him so to do, he can hardly want some Cause or Pretence; as, either to free himself of the Uneasiness he seems to lie under by being subject to another’s Command, or that himself may enjoy those Advantages which belong to him that possesses the Government; especially when he may easily persuade himself, that his Enterprise is just, either because He that at present sits at the Helm of Government is guilty of Mal-Administration, or that himself thinks he could manage it by many degrees to better purpose. An Occasion too cannot long be wanting for such Attempts, either from the Prince’s Want of Circumspection in the care of his Person, (and indeed in such a State of Things *who shall guard even the Guards themselves?) or from a powerful Conspiracy, or, in time of foreign War, from a Defection to the Enemy. Beside private Men would be very prone to wrong one another; for the Proceedings in human Courts of Judicature being govern’d by Proofs of Matter of Fact, all those Wickednesses and Villanies which could be secretly acted and without Witnesses, if any thing were to be gain’d by them, would be accounted Dexterities of Wit, in the practice of which a Man might enjoy some Self-satisfaction. Again, no Man would be found that would do Works of Charity or of Friendship, except with probable Expectation of Glory or Profit. From whence it would follow, that, supposing no Punishment from above, one Man not being able to place any solid Confidence in the Troth of another, they must every one always live anxiously in a mutual Fear and Jealousy, lest they be cheated or harm’d each by his Neighbour. The Governours also would have as little Inclination, as the Governed, to Actions that are brave and honourable; for those that govern not being obliged by any Tie of Conscience, would put all Offices, and even Justice itself to sale; and in every thing seek their own private Profit by the Oppression of their Subjects; from whom they being always fearful of a Rebellion, they must needs know, there can be no surer Means to preserve themselves, than by rendring them as heartless and as weak as possible. The Subjects also, on the other side, standing in fear of the Violences of their Rulers, would always be seeking Opportunities to rebel, tho’ at the same time they must be mutually distrustful and fearful of each other. The same would be the Case of married Persons; upon any slight Quarrel, they would be suspicious lest one should make away the other by Poison or some such clandestine Way; and the whole Family would be liable to the like Danger. For it being plain, that without Religion there could be no Conscience; it would not be easy to discover such secret Villanies; they being such as mostly are brought to light by the incessant pricking of the Conscience, and internal Horrors breaking forth into outward Indications. From all which it appears, how much it is the Interest of Mankind, that all Means be used to check the spreading of Atheism in the World; and with what vain Folly those Men are possess’d, who think to get the Reputation of being notable Politicians, by being seemingly inclin’d to Looseness and Irreligion.
Of the Duty of a Man towards Himself 19
I. Man liable to Obligation to Himself.
L. N. N. l. 1. c. 4.
Although the Love of himself be so deeply fix’d in the Mind of Man, as to put him always under a Sollicitous Care of Himself, and upon Endeavours by all means to procure his own Advantage; so as, upon Consideration hereof, ’twould seem superfluous to find out Laws to oblige him to the same: *yet in other Respects it is necessary, that he be bound to the Observation of some certain Rules touching Himself. For, not being born for himself alone, but being therefore furnish’d with so many excellent Endowments, that he may set forth his Creator’s Praise, and be rendred a fit Member of Human Society; it follows hence, that it is his Duty, to cultivate and improve those Gifts of his Creator which he finds in himself, that they may answer the End of their Donor; and to contribute all that lies in his Power to the Benefit of Human Society. Thus, though true it is, that the Ignorance of any Man is his own Shame and his own Loss; yet we accuse not the Master of Injustice, who chastises his Scholar for Negligence in not learning those Sciences of which he is capable.
II. The general Obligation that every one lies under to take care of his Soul.
And since Man consists of two Parts, a Soul and a Body, whereof the first supplies the Part of a Director, the other that of an Instrument or subordinate Minister; so that our Actions are all performed by the Guidance of the Mind, and by the Ministration of the Body; we are hence obliged to take care of both, but especially the former.
The Care of the Soul consists, in general, in the right Formation of the Mind and Heart; that is, not only in framing to our selves true and just Opinions concerning all those Things to which our Duties bear any reference, and in making a true Judgment of, and setting a right Value upon, those Objects which commonly excite our Appetites; but also in regulating the Dispositions of our Minds; in reducing and conforming them to the Dictates of right Reason; in employing our Time and Pains in the Prosecution of honest Arts and Sciences; and, in one word, in getting our selves possest of all those Qualities which are necessary for us to lead an honest and a sociable Life.20
III. Particular Duties to which this Care of our Soul obliges us.
1. To settle in our selves right Opinions of Religion. L. N. N. l. 1. c. 4. §7.
Among all the Opinions then, which it highly concerns all Men firmly to settle in their Minds, the chief are those which relate to ALMIGHTY GOD, as the great Creator and Governour of the Universe, such as are represented in the foregoing Chapter. The full Persuasion of these great Truths being not only the principal Ground of the Whole Duty of Man to God, but the Foundation of all those Virtues which we are to exercise toward our Neighbour, and the true Source of all that Quiet of Conscience and Tranquillity of Mind, which is one of the greatest Blessings of Life. Since no sober and considering Man can deny these Truths, we must diligently avoid and utterly reject all those Opinions, which contain in them any thing contrariant to Principles so important. By which I mean not only Atheism and Epicurism, but all other Sentiments which are prejudicial to Human Society, or destructive of good Manners; such being incompatible with true Religion, and overturning the very Foundation of the Morality of Human Actions; of which kind there are many Instances.21
The first I shall mention is the Stoical Conceit of Fate or Destiny, and (which nearly resembles it) Judicial Astrology; by which it being supposed, that all things happen in the World by an internal and inevitable Necessity, Men must be looked upon as the simple Instruments only of their own Actions; for which, consequently, they are no more accountable upon this Presumption, than a Clock is answerable for the Motion of its Wheels.
Another Opinion there is very nearly allied to this, which supposes the unalterable Consequences of Causes, and of Effects; or the great Chain of Things, established by the Creator, to stand by such an Immoveable Decree, that even GOD has left Himself no Liberty of interposing in particular Cases.
Most pernicious likewise is that Conceit, which makes GOD allow a kind of Market of Sins, so as to suffer them to be bought off with Money, to be commuted for with Offerings, with the Observance of some vain Ceremonies, or the Utterance of some set Forms of Speech, without Amendment of Life, and an honest Endeavour to become Good Men. To this may be joyned, the sottish Imagination of such, who fancy that Almighty GOD is delighted with such Inventions of Men, such Institutions and Ways of Living, as are disagreeable to Human and Civil Society, as it is regulated by the Dictates of Reason and the Laws of Nature.
All superstitious Notions, such as debase and dishonour the Divine Nature and Worship, are carefully to be avoided, as contrary to true Religion.
The same thing must be said of the Notions of those Men, who imagin that the bare Exercise of Piety towards GOD in Acts of Devotion, as they are called, is sufficient, without any Regard had to Honesty of Life, or to those Duties which we are to practice towards our Neighbour. Nor is the Conceit of others less Impious, who fancy, that a Man may be able, not only to fulfil his own Duty towards GOD, but even exceed what is required of him, and thereby transfer some of his Merits on others; so that one Person’s Negligence in his Duty, may be supply’d from the Works of Supererogation, that is, the Over-righteousness of another. Of the same Stamp is that shameful Opinion of some others, that imagine, that the Wickedness of some Actions is overlooked and excused by GOD, on the Account of the Dexterity, the Humour, or the Gallantry of the Persons who do them; as if such Sins passed only as Jests and Trifles in the Cognisance of Heaven. No less wicked is it to believe, that those Prayers can please GOD, by which a Man desires, that others may suffer an undeserved Evil, for the occasioning or promoting an Advantage to himself; or to imagine, that Men may treat, in the worst manner they please, such as are of a different Persuasion from them in Religious Matters. Not to mention some other such like Opinions, which carry indeed the Pretence of Piety, but in reality tend to the Destruction of Religion and Morality.
IV. 2. To arrive at a true Knowlege of our selves. The Duties that result from such a knowledge. L. N. N. l. 2. c. 4. §5.
When we have thus arm’d our Minds against all false Opinions of the Divine Nature and Worship, the main Concern behind is, for a Man accurately to examine his own Nature, and to study to know himself.22
From this Knowledge of himself, rightly pursued, a Man is brought acquainted with his own Original; he comes to know perfectly his Condition here, and the Part he is to bear in the World. Hereby he will perceive, that he does not exist of himself, but owes his Being and Life to a Principle infinitely superior to him; that he is endowed with Faculties far more noble than he sees enjoy’d by the Beasts about him; and farther, that he was not born by himself, nor purely for his own Service, but that he is a Part of Human kind. From thus knowing a Man’s self he must necessarily conclude, that he lives in Subjection to Almighty GOD, that he is obliged, according to the Measure of the Gifts he hath received from his Maker, to serve and honour Him; and moreover, to behave himself towards his Equals in such a manner, as becomes a Sociable Creature. And in as much as GOD hath bestowed on him the Light of Reason and Understanding, to guide him in the Course of his Life, it evidently follows, that he ought to make a right Use of it: And consequently not to act at random, without End or Design, but, whatever he undertakes, to propose thereby to himself some particular End, in its self both possible and lawful, and to direct his own Actions suitably to that End; as also to use such other Means as he shall find proper for the compassing it. Again, from hence it follows, that since Truth and Right are always uniform and without alteration, so a Man ought always to form the same Judgments of the same Things, and when he hath once judged truly, to be always constant in his Mind and Resolution. 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 resistance to its Decrees; or, which amounts to the same thing, Men ought to form no Judgments but upon mature Deliberation, nor ever to act against their Judgments so formed.
L. N. N. l. 2. c. 4. §7.
Besides, by considering and knowing himself, a Man will rightly apprehend his own Strength and Power: He will find that it is of a finite nature, having certain Limits beyond which it can never extend it self; and therefore, that there are many Things in the World which he can no ways manage or compass, many that he can no ways hinder or resist, and other Things again not absolutely above Human Power, but which may be prevented and intercepted by the Interposition of other superior Powers. Again, another Sort of Things there are, which though we cannot compass by our bare Strength, yet we may, if it be assisted and supported by Dexterity and Address.
What seems to be most free from outward Restraint, and most within our own Power is our Will; especially so far as it is concerned in producing and exerting Actions suitable to our Species of Being, as we are reasonable Creatures. Hence it follows, that every Man ought to make it his main Care and Concern, rightly to employ all his Faculties and Abilities, in conformity to the Rules of right Reason. For this is the Standard by which we are to rate the Worth of every Person, and to measure his intrinsical Goodness and Excellency.
As to other Matters which lie without us, before he enters upon the Pursuit of them, A Man should diligently examine, Whether they do not surpass his Strength? Whether they tend to a lawful End? and, Whether they are worth the Labour which must be spent in obtaining them? When, upon mature Deliberation, he is resolved to engage in any such Affairs, a wise Man will indeed use his best Efforts to bring his Design about; but if he finds those Endeavours ineffectual, he will not strive against the Stream, and drive on his Designs with vain Hope, but quit his Pursuit without Grief or Anger at his Disappointment. From these Considerations this further Consequence may be drawn; That Man, as he is guided only by the Light of Reason, ought principally to aspire after that Happiness in this World, which arises from the prudent Government of his Faculties, and from those Assistances and Supports which the Divine Providence he knows will afford him in the universal Administration of things. Hence he will not leave things to meer Hazard and Chance, while there is room for Human Caution and Foresight. But then, since human Foresight is very weak in discovering future things, which are so 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 securely to trust to our present Condition, nor to spend too much Care and Anxiety on what is to come: and for the same reason, Insolence in Prosperity and Despair in Adversity are to be both avoided, as equally dangerous and equally absurd.
V. 3. To regulate the measure of our Desires in proportion to the Just value of the things we desire. How we ought to seek for Honour or Esteem. L. N. N. l. 2. c. 4. §9.
Another necessary Improvement of our Mind and Understanding is, To be able to set a just Price on those Things which are the chief in moving our Appetites. For, from this Knowledge it is that the degree of Desire is to be determined, with which we may seek after them.
Among these, that which bears the greatest sway, and appears with most splendor, and which most forceably moves Elevated and Noble Souls, is the Opinion of Worth and Excellency; an Opinion from whence springs what we usually call Glory or Honour: In respect to which we are to form and temper our Minds in the following manner.
We must use our utmost Care and Endeavour to procure and preserve that kind of Esteem that is simply so called, that is, the Reputation of being Good and Honest Men; and if this Reputation be assaulted by the Lies and Calumnies of Wicked Men, we are to use all possible Pains to wipe them off; but if that be not in our Power, we are to comfort our selves with the Testimony of a good Conscience, and with the Assurance, that our Integrity is still known to GOD.
As for that Esteem, which is oft-times called Intensive, or Esteem of Distinction, but more commonly Honour or Glory, we are no otherwise to pursue it, than as it redounds from such worthy Actions as are conformable to Right Reason, and productive of the Good of Human Society; but even then good Heed is to be taken, that hereby our Mind do not swell with Arrogance and Vain-glory. If at any time we have no Opportunity, or want an Occasion of shewing our Worth, without being able to procure one, we must bear this ill Fortune with Patience, since there is nothing in it that can be charged upon our Default. To value our selves upon, and make our boasts of what is empty, vain, and trifling, is most impertinent and ridiculous; but it is abominably Wicked, as well as extremly Foolish, to aspire to Fame and to Honours by evil Arts, and by Deeds repugnant to Reason; and to desire Preheminence above others, only to be able to insult over them, and to make them obnoxious to our Pleasure.
VI. In what manner we may desire Riches.
The Desire of outward Possessions, Riches, and Wealth, does also prevail greatly in the Minds of Men; and no wonder, since Men have not only need thereof for their own Support and Preservation in the World, but also often lie under an indispensible Duty to provide them for others. But then, because our Wants are not infinite, but lie in a very narrow Compass, and since Nature is not wanting in a plentiful Provision for the Necessities of her Sons; and lastly, since all that we can heap together must, at our Death, fall to others; we must moderate our Desire and our Pursuit of those Things, and govern our selves in the Use of them according to the just Occasions of Nature, and the modest Demands of Temperance and Sobriety. We must do no dishonest or base Thing for the procuring them; we must not increase them by sordid Avarice, nor squander them away by profuse Prodigality, nor in any ways make them subservient to vicious and dishonest Purposes. Farther, since Riches are of a very perishable Nature, and may be taken from us by many Accidents and Casualties, we must, with respect to ’em, put our Mind in so even a Temper, as not to lose it self if it should happen to lose them.
VII. In what manner we may desire Pleasures. L. N. N. l. 2. c. 4. §11.
The Desire of Pleasures does as strongly excite the Minds of Men as that of Honour or Riches: In reference to these we must observe, that there are Innocent Pleasures and Criminal Pleasures. The latter of which must be always avoided; but it is by no means a Fault to enjoy the former, provided it be done with moderation, and in conformity to the Rules of Temperance and Sobriety. As there is no Fault to avoid, as much as may be, unnecessary Grief and Pain, because they tend to the Destruction of the Body; so Reason, on the other side, is so far from forbidding us the Enjoyment of moderate Recreation and innocent Pleasure, that it directs us to entertain our Senses with such Objects as are, in this manner, agreeable and delightful to them, since hereby the Mind is unbent and refresh’d, and render’d more active and vigorous. But then, in the Enjoyment of these lawful and innocent Gratifications, great Care is to be taken, that we enjoy them to such a Degree only, that we be not thereby weakened and enervated; that neither the Vigour of the Body or Soul be thereby lessen’d; that they waste not nor consume our Wealth, when it might be better and more usefully laid out; and that they steal not our Time from better and more necessary Employments. Lastly, This must be an inviolable Rule, that no Pleasure must be purchased at so dear a Rate, as the Neglect or Transgression of our Duty; nor ought any to be receiv’d that brings after it Loss, Disgrace, Sorrow, or Repentance.
VIII. 4. We ought to subject our Passions to the Government of our Reason. L. N. N. l. 2. c. 4. §21.
Lastly, The chief Care incumbent on us, in order to improve and well cultivate our Mind, is, to use the utmost Diligence, To gain the Mastery over our Passions; to maintain the Sovereignty of our Reason over the Motions and Affections of our Minds; the greatest Part of which, if they gain the Ascendant, and grow masterless, do not only impair the Health of the Body, and the Vigour of the Soul, but cast such a Cloud on the Judgment and Understanding, as to wrest them violently from the Ways of Reason, and of Duty. So that the natural Principle of Prudence and Probity amongst Men, may be justly said to be founded in calming and cooling the Passions. But let us briefly speak of them in particular.
JOY is in it self a Passion most agreeable to Nature; but strict Care is to be taken, that it break not out on improper Occasions, that it shew not itself in Matters vain or trifling, base or indecent.
SORROW, like a Canker, wastes both the Body and Soul: it is therefore as much as possible to be remov’d and expell’d, nor ever to be admitted, even moderately, unless when by the Ties of Humanity, we are obliged to express our Concern, or Pity at the Misfortunes, or at the Deaths of others; and as it is requisite to the great Duty of Repentance.
LOVE is a Passion of a benevolent and friendly Nature to Mankind; but yet it is to be so wisely managed and moderated, that it be not fix’d upon an unworthy Object; that we take not unlawful Ways to satisfy its Demands; that it keep within due Bounds, so as not to degenerate into Disease and Disquiet, if the beloved Object is not to be obtained.
HATRED is a Passion pernicious, as well to the Person who employs it, as to those against whom it is employ’d; it is therefore diligently to be quenched and stifled, lest it betray us to Injuries, and Breach of Duty against our Neighbours. And when any Persons do really deserve our Aversion, we must even then take care not, on their Account, to create Uneasiness and Disquiet to our selves.
ENVY is a most deform’d Monster, sometimes producing ill Effects in others, but always in the Envious Person, who, like Iron cankered with Rust, not only defiles, but destroys himself continually.
HOPE, although in it self a Passion mild, easy, and gentle, yet is it also to be brought under due Regulation. We must be careful not to direct it to Things vain or uncertain; nor, by placing it on Objects out of our Reach, and beyond our Power, make it tire it self to no purpose.
FEAR, as it is a dangerous Enemy to Men’s Minds, so is it a Passion altogether useless and unprofitable. It is indeed by some esteemed the Parent of good Caution, and consequently, the Occasion of Safety; but this good Caution may owe it self to a much better Principle, it may arise without the Assistance of Fear, from a wary Circumspection, and a Prudence alike untouched with Anxiety or with Consternation.
ANGER is the most violent, as well as the most destructive of all the Passions, and is therefore to be resisted with our utmost Strength and Endeavour. It is so far from exciting Men’s Valour, and confirming their Constancy in Dangers, as some alledge, that it has a quite contrary Effect; for it is a Degree of Madness, it renders Men blind and desperate, and runs them headlong into their own Ruin.
DESIRE OF REVENGE is nearly related to Anger; which, when it exceeds a Moderate Defence of our selves and Concerns, and a just Assertion of our Rights against the Invaders of them, turns, beyond Dispute, into a Vice.
IX. How far the Study of Arts and Sciences is necessary. L. N. N. l. 2. c. 4. §13.
In such Duties as we have reckoned up doth that Culture of the Mind chiefly consist, which all Men are indispensably obliged to look after: But there is still behind a more peculiar Culture and Improvement of the Mind, consisting in the various Knowledge of Things, and the Study of Arts and Sciences. This Knowledge, it is true, cannot be said to be absolutely necessary to the Discharge of our Duty in general, but yet must by all be allowed to be exceedingly useful to supply the Necessities and promote the Conveniencies of Human Life, and therefore by every one to be followed, according as his own Capacity and Occasion will permit.
No one disputes the Usefulness of those Arts, which supply the Necessities, or contribute to the Convenience of Human Life.
As to Sciences; some may be stiled Useful; others Curious, and others again Vain.
In the Number of useful Sciences, I reckon Logick, which teaches to reason justly, closely, and methodically; those Sciences which have any respect to Morality, Physick, and all such Parts of Mathematicks as lay the Foundation of those practical Arts, which serve to procure and augment the Necessaries or Conveniencies of Life.
By Curious, or Elegant Sciences, I understand such as are not indeed of so necessary Use, as to render the Life of Man less sociable, or less convenient upon the Want of them; but yet such as serve to gratify and please an innocent Curiosity, to polish and adorn our Wit, and to embellish and render our Understanding more compleat: Such Sciences are, Natural and Experimental Philosophy, the more fine and subtile Parts of Mathematicks, History, Criticism, Languages, Poetry, Oratory, and the like.
By Vain Sciences, I mean such as are made up of false and erroneous Notions, or are employ’d about frivolous, trifling, and unprofitable Speculations; such are the Amusements of old Philosophers, the Dreams of Astrologers, and the Subtilties of the School-men.
To employ Labour and Pains in these last Sort of Studies is highly unworthy of any Man, and an unpardonable Waste of his Time. But whosoever would not deserve to be accounted an useless Lump on Earth, a Trouble to himself and a Burthen to others, ought, as far as he has Means and Opportunity, to employ himself in some of the aforemention’d Arts and Sciences. Every one at least ought, in a proper Time, to take upon himself some honest and useful Employment, agreeable to his natural Inclinations, suitable to the Abilities of his Body and Mind, Extraction, and Wealth; or according as the just Authority of his Parents, the Commands of his Superiours, or the Occasion and Necessity of his own private Circumstances shall determine.23
X. Wherein consists the Care of the Body.
Altho’ the Care of our Soul, which we have been explaining, is the most difficult, as well as the most necessary Part of our Charge in this Life, yet ought we by no means to neglect the Care of our Body; these two constituent Parts of us being so strictly united and ally’d to each other, that no Injury or Hurt can come to the one, but the other must likewise bear its Part in the Suffering.
We must therefore, as far as possible, continue and increase the natural Strength and Powers of our Bodies, by convenient Food and proper Exercise; not ruining them by any Intemperate Excess in Eating or Drinking, nor wasting and consuming them by unnecessary or immoderate Labours, or by any other Abuse or Misapplication of our Abilities. And upon this Account, Gluttony, Drunkenness, the immoderate Use of Women, and the like, are to be avoided: And besides, since unbridled and exorbitant Passions, not only give frequent Occasion to disturb Human Society, but are very hurtful even to the Person himself; we ought to take care with our utmost to quell them, and subject them to Reason. And because many Dangers may be escap’d, if we encounter ’em with Courage, we are to cast off all Effeminacy of the Mind, and to put on Resolution against all the terrible Appearances that any Event may set before us.
XI. Whether a Man has the Power of his own Life.
And yet, because no Man could give himself Life, but it must be accounted as the bounteous Favour of God, it appears, that Man is by no means vested with such a Power over his own Life, as that he may put an End to it when he pleases; but he ought to tarry, till he is call’d off by Him who placed him in this Station. Indeed, since Men both can and ought to be serviceable to one another, and since there are some Sorts of Labour, or an Overstraining in any, which may so waste the Strength of a Man, that old Age and Death may come on much sooner than if he had led an easy and painless Life; there is no doubt but that a Man may, without any Contravention to this Law, chuse that Way of living which may with some probability make his Life the shorter, that so he may become more useful to Mankind. And whereas sometimes the Lives of many will be lost, except some Number of Men expose themselves to a Probability of losing their own on their behalf; in this Case the lawful Governour has Power to lay an Injunction on any private Man under the most grievous Penalties, not to decline by Flight such Danger of losing his Life. Nay farther, he may of his own Accord provoke such Danger, provided there are not Reasons more forcible for the contrary; and by thus Adventuring he has hopes to save the Lives of others, and those others are such as are worthy so dear a Purchase. For it would be silly for any Man to engage his Life together with another to no purpose; or for a Person of Value to die for the Preservation of a paltry Rascal. But for any other Cases, there seems nothing to be required by the Law of Nature, by which he should be persuaded to prefer another Man’s Life before his own, but that all things rightly compared, every Man is allowed to be most dear to himself. And indeed all those who voluntarily put an end to their own Lives, either as tir’d with the many Troubles which usually accompany this Mortal State; or from an Abhorrence of Indignities and Evils which yet would not render them scandalous to Human Society; or thro’ Fear, or Pains, or Torment, by enduring which with Fortitude, they might become useful Examples to others; or out of a vain Ostentation of their Fidelity and Bravery; All these, I say, are to be certainly reputed Sinners against the Law of Nature.
XII. Self-Defence moderated.
But whereas it often happens that this Self-Preservation, which the tenderest Passion and exactest Reason thus recommends to Mankind, does seem to interfere with our Precepts concerning Society, then when our own Safety is brought into Jeopardy by another, so far that either we must perish, or submit to some very grievous Mischief, or else we must repel the Aggressor by force and by doing him Harm; Therefore we are now to deliver, With what Moderation the Defence of our selves is to be tempered. This Defence of our selves then will be such as is, either without any Harm to him from whom we apprehend the Mischief, by rendring any Invasion of us formidable to him and full of Danger; or else by hurting or destroying him. Of the former way, [whether (in private Men) by keeping off the Assailant, or by Flight, &c.] there can be no Doubt but that ’tis lawful and altogether blameless.
XIII. We may repel force by force, even so far as to kill an unjust Aggressor. L. N. N. l. 2. c. 5. §2.
But the latter may admit of Scruple, because Mankind may seem to have an equal Loss, if the Aggressor be killed, or if I lose my Life; and because one in the same Station with my self will be destroyed, with whom it was my Duty to have lived in Civil Society: Beside, that a forcible Defence may be the Occasion of greater Outrages, than if I should betake my self to flight, or patiently yield my Body to the Invader. But all these are by no means of such Weight as to render this Sort of Defence unlawful. For when I am dealing fairly and friendly with another, it is requisite that he shew himself ready to do the like, or else he is not a fit Subject of such good Offices from me. And because the End of the Law of Society is the Good of Mankind, therefore the Sense thereof is to be taken, so as effectually to preserve the Welfare of every Individual or particular Man. So that if another Man make an Attempt upon my Life, there is no Law that commands me to forgoe my own Safety, that so he may practise his Malice with Impunity: And he that in such case is hurt or slain, must impute his Mischief to his own Wickedness, which set me under a Necessity of doing what I did. Indeed otherwise, whatsoever Good we enjoy either from the Bounty of Nature, or the Help of our own Industry, had been granted to us in vain, if we were not at liberty to oppose the Violences of Ruffians, who would wrongfully ravish all from us; and honest Men would be but a ready Prey for Villains, if they were not allowed to make use of Force in defence of themselves against the others Insults. *Upon the whole then, it would tend to the Destruction of Mankind, if Self Defence even with Force were prohibited to us.
XIV. Extremities last to be used. L. N. N. l. 2. c. 5. §3.
Not however that hence it follows, that as soon as any Injury is threatned us, we may presently have recourse to Extremities; but we must first try the more harmless Remedies; for instance, we must endeavour to keep out the Invader by cutting off his Access to us; to withdraw into strong Places; and to admonish him to desist from his outragious Fury. And it is also the Duty of a prudent Man to put up a slight Wrong, if it may conveniently be done, and to remit somewhat of his Right, rather than, by an unseasonable Opposition of the Violence, to expose himself to a greater Danger; especially if that Thing or Concern of ours upon which the Attempt is made, be such as may easily be made amends for or repaired. †But in Cases where by these or the like means I cannot secure my self, in order to it I am at liberty to have recourse even to Extremities.
XV. Self-Defence how far justifiable in a supposed state of Natural Liberty.
But that we may clearly judge, whether a Man contains himself within the Bounds of an unblameable Defence of himself, it is first to be examined, whether the Person be one who is in a State of Natural Liberty or subject to no Man, or one who is obnoxious24 to some Civil Power. In the first Case, if another shall offer Violence to me, and cannot be brought to change his malicious Mind and live quietly, I may repel him even by killing him. And this not only when he shall 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 Assurance but from these lesser Injuries he may proceed to greater; and he that has once professed himself my Enemy (which he doth whilst he injures me without Shew of Repentance) gives me, as far as ’tis in his Power to give, a full Liberty of proceeding against him, and resisting him in such manner as I shall find most necessary for my own Safety. And indeed the Sociality necessary to Human Life would become unpracticable, if a Man may not make use even of Extremities against him who shall irreclaimably persist in the Commission tho’ but of meaner Wrongs. For at that rate the most modest Persons would be the continual Laughing-stock of the vilest25Rakehels.26
XVI. How the Right of Self-defence is limited in a State of Civil Society. L. N. N. l. 2. c. 5. §4.
But in Civil Society, those who are Subjects to the Civil Power, may then only use Violence in the Defence of themselves, when the Time and Place will not admit of any Application to the Magistrate for his Assistance in repelling such Injuries by which a Man’s Life may be hazarded, or some other most valuable Good which can never be repaired, may be manifestly endangered.
XVII. Of the Time when in a State of Nature Self defence may be allowable.
As for the time when Men may put in practice their just Right of Self-defence, it may be learnt from the following Rules.
Altho’ every one, under that Independence in which all Men are supposed to be in a State of Nature, may and ought to presume, that all Men are inclined to perform towards him all those Duties which the Law of Nature directs, until he has evident Proof to the contrary: Nevertheless, since Men have natural Inclinations to that which is ill, no one ought to rely so securely on the Integrity of another, as to neglect taking all necessary Precautions to render himself secure, and placed, as far as may be, out of the Reach of other Men’s ill Designs. It is but common Prudence to stop up all Avenues against those from whom we apprehend Hostilities, to be provided with serviceable Arms, to raise Troops, to get Succour and Assistance, in case of need, by Alliances and Confederacies, to have a watchful Eye over the Actions and Behaviour of those whom we have reason to apprehend to be our Enemies; and, in a word, to use all other Precautions of this Nature, which appear necessary to prevent our being surprized or found unprovided. The Jealousy and Suspicion which we ought to have of each other, from our Knowledge of the Pravity of Human Nature, will justifie our acting thus far; but then it must stop here: it must not put us upon using Violence to our Neighbours, under pretence of disabling them from injuring us, and of preventing their making a mischievous Use of that superior Power we see them have; especially if we find that this Increase of Power in them, and their Superiority over us, was the Product of their innocent Industry, or the Gift of Providence, and not the Result of Injury and Oppression.
*Nay, if our Neighbour, whom we see powerful enough to hurt us, should shew an Inclination to use that Power mischievously, by actually injuring others, yet shall not this justifie our Assaulting him by way of prevention, till we have good Evidence, that he designs us also Mischief; unless we are under some prior Engagement or Alliance, to support the Persons we see thus injuriously attacked by a superior Power. In this Case we may with greater Vigour oppose the Invader, and take the Part of our injured Ally; since we have very good Reason to apprehend, that when by his superior Power he has oppressed him, he will apply the same Force against us; and that the first Conquest he makes is to be the Instrument of another that he intends.
But when we have evident Proof that another does actually intend, and has taken proper Measures to do us an Injury, altho’ he has not openly declared such his Intention; then we may fairly put our selves on our Defence, and anticipate the Aggressor before he compleats the Preparations he is making to do us the designed Mischief: Provided notwithstanding we have endeavoured, by friendly Advice, to move him to lay aside his ill Purposes so long, that there remains no Hopes of his being prevailed upon to do so by fair and gentle Means: In using which friendly Advice and gentle Means, care must be taken, that it be not done when it may prove a Prejudice and a Disadvantage to our own Affairs. He who first forms the Design to do an injurious Act, and first makes Preparation to bring it about, is to be accounted the Aggressor; altho’ it may perhaps so fall out, that the other using greater Diligence, may prevent him, and so commit the first open Acts of Hostility. It is not absolutely necessary to a justifiable Self-defence, that I receive the first Stroke, or that I only ward off and avoid the Blows that are aimed at me.27
But farther: In a State of Nature of which we are speaking, a Man has not only a Right to repel a present Danger with which he is menaced, but also, after having secured himself from the Mischief intended him, he may pursue his Success against the Aggressor, till he has made him give him satisfactory Security of his peaceable Behaviour for the time to come. Concerning which Caution and Security, the following Rule may be usefully observed: If a Man having injured me, shall presently after, repenting of what he had done, come voluntarily and ask my pardon, and offer Reparation of the Damage; I am then obliged to be reconciled to him, without requiring of him any farther Security than his Faith and Promise to live hereafter in Peace and Quietness with me. For when of his own accord any Person takes such measures, it is a satisfactory Evidence, that he has altered his Mind, and a sufficient Argument of his firm Resolution to offer me no Wrong for the future. But if a Man having injured me, never thinks of asking Pardon, or of shewing 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 prosecuting his Violences; such an one is not safely to be trusted on his bare Promises, his Word alone being not a sufficient Warrant of the Sincerity of his Protestations. In such Case, in order to our farther Security, we must either cut off from him all Power of doing Mischief, or else lay upon him some Obligation of greater Weight and Force than his meer Promise, sufficient to hinder him from appearing ever after formidable to us.
XVIII. When and how far a Man may defend himself with arm’d force in a State of Civil Society.
But among Men who live in a Community,28 the Liberties for Self-defence ought not to be near so large. For here, tho’ I may know for certain, that another Man has armed himself in order to set upon me, or has openly threatned to do me a Mischief; this will by no Means bear me out in assaulting him; but he is to be informed against before the Civil Magistrate, who is to require Security for his good Behaviour. The Use of Extremities in repelling the Force being then only justifiable, when I am already set upon, and reduced to such Streights, that I have no Opportunity to require the Protection of the Magistrate, or the Help of my Neighbours; and even then I am not to make use of Violence, that by the Slaughter of my Adversary I may revenge the Injury, but only because without it my own Life cannot be out of Danger.
Of the Time when in a State of Civil Society Self-defence may be allowable.
Now the Instant of Time, when any Man may with Impunity destroy another in his own Defence, is, when the Aggressor, being furnished with Weapons for the Purpose, and shewing plainly a Design upon my Life, is got into a Place where he is very capable of doing me a Mischief, allowing me some time, in which it may be necessary to prevent rather than be prevented; although in foro humano a little Exceeding be not much minded in regard of the great Disturbance such a Danger must be thought to raise in the Spirit of Man. And the Space of Time in which a Man may use Force in his own Defence, is so long as till the Assailant is either repulsed, or has with-drawn of his own accord, (whether in that Moment repenting of his wicked Design, or for that he sees he is like to miss of his Aim) so that for the present 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 future Security, that belongs to the Care of the Civil Magistrate, and is to be done only by his Authority.
XIX. Whether a Man may use his Right of Self-defence against one that assaults him by mistake. L. N. N. l. 2. c. 5. §5.
Farthermore,29 both in a State of Nature, and in a Civil State, it is lawful for every Man to defend himself, if the Precautions before-mentioned be taken against him who attempts to take away his Life; whether it be designedly, and with a malicious Intention, or without any particular Design against the Party assaulted: As suppose a Mad-man, or a Lunatick, or one that mistakes me for some other Person who is his Enemy, should make an Attempt on my Life, I may justifiably use my Right of Self-Defence; for the Person from whom the Attempt comes, whereby my Life is hazarded, hath no Right to attack me, and I am by no means obliged to suffer Death unnecessarily; on which account it is altogether unreasonable that I should prefer his Safety to my own.
XX. How the most just Self-defence ought to be managed: and of Duels.
Nevertheless though true it is, that we ought not to take away another Man’s Life, when it is possible for us after a more convenient way to avoid the Danger we are in; yet in consideration of that great Perturbation of Mind, which is wont to be occasion’d upon the Appearance of imminent Mischief, it is not usual to be over-rigorous in the Examination of these Matters; for it is not likely that a Man trembling under the Apprehension of Danger, should be able to find out so exactly all those Ways of escaping, which to one who sedately considers the Case may be plain enough. Hence, though it is Rashness for me to come out of a safe Hold to him who shall challenge me; yet, if another shall set upon me in an open Place, I am not streight obliged to betake my self to Flight, except there be at hand such a Place of Refuge as I may withdraw into without Peril: Neither am I always bound to retire; because then I turn my defenceless Back, and there may be hazard of falling; beside, that having once lost my Posture, I can hardly recover it again. But as the Plea of Self-defence is allow’d to that Person who shall thus encounter Danger, when he is going about his lawful Business, whereas if he had staid at Home he had been safe enough; so it is denied to him who being challenged to a Duel, shall by appearing set himself in that Condition, and except he kill his Adversary, himself must be slain. *For the Laws having forbidden his venturing into such Danger, any Excuse on account thereof is not to be regarded.
XXI. Defence of Members. L. N. N. l. 2. c. 5. §10.
What may be done for the Defence of Life may also for the Members;30 so as that he shall be acquitted for an honest Man who shall kill a Ruffian, that perhaps had no farther Intention than to maim him, or give him some grievous Wound: For all Mankind does naturally abhor to be maimed or wounded; and the cutting off any, especially of the more noble Members, is often not of much less value than Life itself; beside, we are not sure beforehand, whether upon such wounding or maiming Death may not follow; and to endure this is a Sort of Patience that surpasses the ordinary Constancy of a Man, †to which no man is regularly obliged by the Laws, only to gratifie the outragious Humour of a Rogue.
XXII. Defence of Chastity. L. N. N. l. 2. c. 5. §11.
Moreover, what is lawfully to be done for Preservation of Life,‡is adjudged to be so for Chastity: Since there cannot be a more horrid Abuse offered to an honest Woman, than to force her out of that which being kept undefiled is esteemed the greatest Glory of their Sex; and to put upon her a Necessity of raising an Offspring to her Enemy out of her own Blood.
XXIII. Defence of Goods or Estate. L. N. N. l. 2. c. 5. §16.
As for Defence of Goods or Estate, this may, among those who are in a State of Natural Liberty, go as far as the Slaughter of the Invader, *provided what is in Controversie be not a Thing contemptible. For without Things necessary we cannot keep our selves alive; and he equally declares himself my Enemy, who wrongfully seizes my Estate, as he that attempts upon my Life. But in Communities, where what is ravished from us may, with the Assistance of the Civil Authority, be recovered, this is not regularly allowed; unless in such case when he that comes to take away what we have, cannot be brought to Justice: On which account it is, that we may lawfully kill Highwaymen and Night-robbers.
XXIV. Self Defence in him that first injur’d. L. N. N. l. 2. c. 6. §19.
And thus much for Self-Defence in those who without Provocation are unjustly invaded by others: But for him who has first done an Injury to another, he can only then rightly defend himself with Force, and hurt the other again, when having repented of what he has done, he has offered Reparation of the Wrong and Security for the future; and yet he who was first injured, shall, out of ill Nature, refuse the same, and endeavour to revenge himself by Violence; [shewing hereby that he seeks not so much Reparation and Right to himself, as Mischief to the other.]
XXV. Self Preservation in Cases of Necessity. L. N. N. l. 2. c. 6.
Lastly, Self-Preservation is of so much regard, that, if it cannot otherwise be had, in many Cases it exempts us from our Obedience to the standing Laws; and on this Score it is, that Necessity is said to have no Law. For seeing Man is naturally inspired with such an earnest Desire to preserve himself, it can hardly be presumed that there is any Obligation laid upon him, to which he is to sacrifice his own Safety. For tho’ not only God, but the Civil Magistrate, when the Necessity of Affairs requires it, may lay upon us so strict an Injunction, that we ought rather to die than vary a Little from it; yet the general Obligation of Laws is not held to be so rigorous. For the Legislators, or those who first introduced Rules for Mankind to act by, making it their Design to promote the Safety and common Good of Men, must regularly be supposed to have had before their Eyes the Condition of Human Nature, and to have considered how impossible it is for a Man not to shun and keep off all Things that tend to his own Destruction. Hence those Laws especially, called Positive, and all Human Institutions are judged to except Cases of Necessity; or, not to oblige, when the Observation of them must be accompanied with some Evil which is destructive to Human Nature, or not tolerable to the ordinary Constancy of Men; unless it be expressly so ordered, or the Nature of the Thing requires, that even that also must be undergone. Not that Necessity justifies the Breach of a Law and Commission of Sin; but it is presumed, from the favourable Intention of the Legislators, and the Consideration of Man’s Nature, that Cases of Necessity are not included in the general Words of a Law. This will be plain by an Instance or two.
XXVI. Cutting off Members. L. N. N. l. 2. c. 6. §3.
I. THOUGH otherwise Man have no such Power over his own Members, as that he may lose or maim any of them at his pleasure; yet he is justifiable in cutting off a gangren’d Limb, in order to save the whole Body; or to preserve those Parts which are sound; or lest the other Members be rendred useless by a dead and cumbersome Piece of Flesh.
XXVII. One lost to save many.
II. IF in a Shipwrack more Men leap into the Boat than it is capable of carrying, and no one has more Right than another to it; they may draw Lots who shall be cast overboard; and if any Man shall refuse to take his chance, he may be thrown over without any more ado, as one that seeks the Destruction of all.
XXVIII. One hastens the Death of another to save himself. L. N. N. l. 2. c. 6. §4.
III. IF two happen into imminent Danger of their Lives, where both must perish; one may, as he sees good, hasten the Death of the other, that he may save himself. For instance, If I, who am a skilful Swimmer, should fall into some deep Water with another who could not swim at all, and he clings about me; I not being strong enough to carry him off and my self too, I may put him off with force, 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 shall endeavour to get upon it, which if he does, we are both like to be drowned, I may keep him off with what violence I please. And so if two be pursued by an Enemy meaning to kill them, one may, by shutting a Gate or drawing a Bridge after him, secure himself, and leave the other in great Probability of losing his Life, supposing it not to be possible to save both.
XXIX. Another destroyed or hurt to the same end.
IV. CASES also of Necessity may happen, where one may indirectly put another in Danger of Death, or some great Mischief, when at the same time he means no harm to the Person; but only, for his own Preservation, he is forced upon some Action which probably may do the other a Damage; always supposing that he had rather have chosen any other Way, if he could have found it, and that he make that Damage as little as he can. Thus, if a stronger Man than I pursues me to take away my Life, and one meets me in a narrow Way thro’ which I must flee, if, upon my Request, he will not stand out of the Way, or he has not time or room so to do, I may throw him down and go over him, tho’ it be very likely that by the Fall he will be very much hurt; except he should be one who has such peculiar Relation to me, [suppose my Parent, King, &c.] that I ought for his Sake rather to surrender my self to the Danger. And if he who is in the Way cannot, upon my speaking to him, get out of the Way, suppose being lame or a Child, I shall be excused who try to leap over him, rather than to expose my self to my Enemy by delaying. But if any one shall, out of Wantonness or cross Humour, hinder me or deny to give me the Liberty of escaping, I may immediately by any Violence throw him down, or put him out of my Way. And those who in these Cases get any Harm, are to look upon it not as a Fault in the Person that did it, but as an unavoidable Misfortune.
XXX. Case of extreme Want. L. N. N. l. 2. c. 6. §5.
V. IF a Man, not through his own Fault, happen to be in extreme Want of Victuals and Cloaths necessary to preserve him from the Cold, and cannot procure them from those who are wealthy and have great Store, either by Intreaties, or by offering their Value, or by proposing to do Work equivalent; he may, without being chargeable with Theft or Rapine, furnish his Necessities out of their Abundance, either by force or secretly, especially if he do so with a Design to pay the Price, as soon as he shall have an Opportunity. For it is the Duty of the opulent Person to succour another who is in such a needy Condition. And tho’ regularly what depends upon Courtesie ought by no means to be extorted by Force, yet the Extreme Necessity alters the Case, and makes these Things as claimable, as if they were absolutely due by a formal Obligation. But it is first incumbent upon the Necessitous Person to try all Ways to supply his Wants with the Consent of the Owner, and he is to take care that the Owner be not thereby reduced to the same Extremity, nor in a little time like to be so; and that Restitution be made; *especially if the Estate of the other be such as that he cannot well bear the Loss.
XXXI. Destroying other Men’s Goods to save our own. L. N. N. l. 2. c. 6. §8.
VI. LASTLY, the Necessity of our own Affairs seems sometimes to justifie our destroying the Goods of other Men; 1. Provided still, that we do not bring such Necessity upon our selves by our own Miscarriage: 2. That there cannot be any better Way found: 3. That we cast not away that of our Neighbours which is of greater Value, in order to save our own which is of less: 4. That we be ready to pay the Price, if the Goods would not otherwise have been destroyed, or to bear our share in the Damage done, if the Case were so that his must have perished together with ours, but now by the Loss of them ours are preserved. And this sort of Equity is generally found in the Law-Merchant.31 Thus in case of Fire, I may pull down or blow up my Neighbour’s House, but then those whose Houses are by this means saved, ought to make good the Damage proportionably.
